Statuta vetera & recentiora a methodical collection & abridgement of the statutes that relate to the knowledge and practice of the common-law / by D.F.
         Laws, etc.
         England and Wales.
      
       
         
           1672
        
      
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         A39612
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         ESTC R32949
         12797966
         ocm 12797966
         93994
         
           
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             Statuta vetera & recentiora a methodical collection & abridgement of the statutes that relate to the knowledge and practice of the common-law / by D.F.
             Laws, etc.
             England and Wales.
             D. F.
          
           [16], 125 p.
           
             Printed by John Streator, Eliz. Flesher, and H. Twyford, assignes of Rich. Atkyns ad Ed. Atkyns ...to be sold by G. Sawbridge [and 12 others]
             London :
             1672.
          
           
             Reproduction of original in the British Library.
          
        
      
    
     
       
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           Law -- England -- Digests.
           Common law -- England.
           Statutes -- England.
        
      
    
     
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           STATUTA
           Vetera
           &
           Recentiora
           .
        
         
           
             A
             Methodical
          
           Collection
           &
           Abridgement
           
             OF
             THE
             Statutes
             That
             relate
             to
             the
             Knowledge
             and
             Practice
             of
             the
             COMMON-LAW
             .
          
        
         
           By
           D.
           F.
           
        
         
           LONDON
           ,
           
             Printed
             by
          
           Iohn
           Streater
           ,
           Eliz.
           Flesher
           ,
           and
           H.
           Twyford
           ,
           
             Assignes
             of
          
           Rich.
           Atkyns
           and
           Ed.
           Atkyns
           ,
           Esquires
           .
        
         
           
             And
             are
             to
             be
             sold
             by
          
           G.
           Sawbridge
           ,
           J.
           Place
           ,
           J.
           Belliager
           ,
           W.
           Place
           ,
           T.
           Basset
           ,
           R.
           Pawlet
           ,
           C.
           Wilkinson
           ,
           T.
           Dring
           ,
           W.
           Jacob
           ,
           C.
           Harper
           ,
           J.
           Leigh
           ,
           J.
           Amery
           ,
           J.
           Poole
           ,
           
             Booksellers
             in
          
           Fleetstreet
           and
           Holborne
           ,
           
             A.
             D.
             1672.
          
           
        
         
           
             Cum
             Gratia
             &
             Privilegio
             Regiae
             Majestatis
             .
          
        
      
       
         
         
         
           Preface
           .
        
         
           AS
           General
           Abridgements
           of
           the
           Statutes
           of
           this
           Realm
           have
           hitherto
           been
           and
           will
           alwayes
           continue
           to
           be
           of
           great
           use
           ;
           so
           now
           since
           they
           are
           become
           so
           voluminous
           ,
           there
           seems
           to
           be
           a
           like
           usefulness
           ,
           if
           not
           a
           necessity
           ,
           of
           particular
           Abridgements
           to
           direct
           those
           whose
           Study
           and
           Employment
           is
           more
           especially
           conversant
           in
           some
           peculiar
           practice
           of
           the
           Law.
           
        
         
           Some
           Collections
           of
           this
           Nature
           are
           already
           published
           :
           One
           concerning
           the
           Office
           of
           a
           Iustice
           of
           Peace
           ,
           under
           the
           Title
           of
           
             Statuta
             Pacis
          
           ,
           which
           comprehends
           a
           great
           part
           of
           the
           Crown
           Law.
           Others
           relating
           to
           the
           Kings
           Revenue
           ,
           as
           that
           of
           the
           Customes
           ,
           of
           the
           Excise
           ,
           another
           of
           the
           Hearth
           money
           ,
           all
           of
           great
           benefit
           in
           their
           several
           kinds
           .
        
         
           But
           those
           statutes
           that
           immediately
           relate
           to
           the
           General
           Practice
           of
           the
           Common
           Law
           and
           the
           Courts
           wherein
           the
           same
           is
           used
           ,
           have
           not
           hitherto
           been
           collected
           apart
           ,
           and
           are
           in
           a
           manner
           left
           ,
           as
           the
           choice
           fruit
           upon
           the
           upper
           Branches
           not
           to
           be
           seen
           for
           the
           Clusters
           that
           hang
           below
           .
        
         
         
           This
           Book
           therefore
           is
           designed
           for
           those
           Statutes
           ,
           wherein
           as
           there
           is
           no
           repetition
           of
           what
           hath
           been
           in
           any
           former
           particular
           Abridgements
           :
           so
           neither
           is
           there
           any
           notice
           taken
           of
           the
           Multitude
           of
           those
           other
           Statutes
           ,
           some
           whereof
           refer
           to
           a
           part
           of
           the
           Realm
           only
           ,
           as
           those
           of
           older
           time
           w
           ch
           concern
           the
           uniting
           of
           Wales
           ,
           and
           fixing
           jurisdictions
           there
           ,
           and
           the
           like
           ;
           in
           
             Counties
             Palatine
          
           ,
           and
           of
           later
           ,
           for
           the
           drayning
           of
           the
           Fenns
           which
           extend
           but
           to
           some
           Countryes
           ;
           others
           are
           restrayned
           to
           peculiar
           Jurisdictions
           as
           those
           of
           the
           Sewers
           ,
           of
           
             Charitable
             uses
             ,
             Regulation
             of
             Corporations
             ,
             &c.
          
           others
           which
           (
           though
           more
           general
           )
           respect
           only
           the
           Policy
           of
           the
           Realm
           in
           preserving
           its
           
             Religion
             ,
             Strength
             ,
             Trade
             ,
             Riches
             ,
          
           and
           Beauty
           ,
           such
           are
           the
           statutes
           that
           concern
           the
           
             Divine
             Service
          
           and
           
             Sacraments
             Anniversary
             Feasts
          
           and
           Fasts
           upon
           special
           Occasions
           ,
           the
           
             Militia
             Revenue
             ,
             Navigation
             ,
             Fishing
             Tymber
             ,
             Drapery
             ,
          
           and
           several
           other
           Manufactures
           ,
           rebuilding
           of
           London
           ,
           and
           many
           more
           of
           that
           kind
           .
        
         
           All
           which
           though
           of
           Publique
           Advantage
           ,
           yet
           not
           having
           a
           direct
           Aspect
           upon
           private
           rights
           and
           possessions
           ,
           are
           forreign
           to
           the
           present
           design
           ,
           and
           most
           proper
           for
           general
           Abridgments
           ,
           in
           which
           they
           are
           to
           be
           had
           :
           
           This
           being
           intended
           chiefly
           for
           the
           benefit
           of
           practisers
           and
           students
           of
           the
           
             Common
             Law
          
           ,
           that
           in
           their
           practice
           and
           reading
           they
           might
           have
           a
           ready
           recourse
           to
           those
           statutes
           which
           particularly
           relate
           thereunto
           .
        
         
           It
           was
           not
           thought
           convenient
           to
           go
           beyond
           the
           time
           of
           Edward
           the
           3.
           since
           when
           the
           practice
           of
           the
           Law
           has
           been
           most
           uniforme
           ;
           because
           most
           of
           the
           Old
           statutes
           ,
           as
           
             Magna
             Charta
             ,
             Merton
             ,
             Marlebridge
             ,
             West
             .
             1.
             2.
             3.
          
           and
           the
           rest
           till
           this
           time
           are
           generally
           but
           declaratory
           and
           affirmative
           of
           the
           
             Common
             law
          
           (
           as
           my
           Lord
           Cook
           has
           observed
           )
           and
           may
           now
           by
           their
           Antiquity
           and
           uninterrupted
           usage
           be
           said
           to
           be
           incorporated
           into
           the
           body
           of
           the
           Common
           Law
           ,
           with
           which
           this
           treatise
           medleth
           not
           :
           The
           other
           parts
           of
           those
           
             Antient
             Statutes
          
           referring
           generally
           to
           such
           proceedings
           as
           now
           are
           wholly
           out
           of
           use
           ,
           and
           therefore
           not
           proper
           to
           be
           inserted
           :
           such
           are
           those
           many
           Chapters
           that
           concern
           pleadings
           and
           other
           proceedings
           in
           
             real
             Actions
          
           now
           out
           of
           use
           ,
           and
           are
           already
           in
           print
           by
           the
           name
           of
           
             Magna
             Charta
          
           ,
           and
           other
           antient
           Statutes
           in
           a
           little
           volume
           by
           themselves
           .
        
         
           Here
           therefore
           such
           only
           are
           culled
           out
           as
           referr
           to
           the
           Law
           as
           't
           is
           now
           used
           and
           practised
           ,
           wherein
           such
           Care
           has
           been
           taken
           that
           nothing
           Material
           is
           omitted
           :
           so
           that
           
           though
           it
           le
           not
           directly
           but
           Collaterally
           within
           the
           design
           of
           this
           Treatise
           ,
           they
           are
           here
           mentioned
           ,
           as
           the
           statute
           of
           Hue
           and
           Crye
           ,
           because
           many
           Actions
           are
           brought
           thereupon
           ,
           and
           those
           of
           Bankrupts
           being
           of
           general
           and
           dayly
           use
           &c.
           
        
         
           But
           such
           statutes
           as
           have
           abrogated
           or
           rescinded
           what
           formerly
           hath
           been
           in
           use
           by
           the
           dissolution
           of
           Courts
           ,
           alteration
           of
           tenures
           ,
           Abridgment
           of
           
             Michaelmas
             Term
          
           ,
           and
           the
           like
           ,
           are
           here
           omitted
           .
        
         
           It
           were
           to
           be
           wished
           that
           the
           statutes
           as
           they
           are
           here
           set
           down
           in
           Order
           of
           time
           in
           the
           first
           Table
           ,
           were
           printed
           at
           large
           in
           a
           volume
           together
           by
           themselves
           ,
           because
           of
           that
           general
           Objection
           to
           Abridgments
           ,
           that
           they
           are
           not
           of
           unquestionable
           Authority
           ;
           and
           it
           would
           be
           of
           further
           benefit
           to
           students
           if
           enterleaved
           ,
           because
           many
           of
           the
           Cases
           and
           Reports
           that
           are
           Extant
           are
           aptly
           referrable
           thereunto
           ,
           which
           if
           collected
           with
           Diligence
           and
           Iudgment
           would
           be
           an
           Excellent
           Comment
           on
           the
           same
           .
        
         
           However
           these
           Tables
           and
           Abridgment
           are
           of
           extraordinary
           use
           :
           for
           as
           the
           first
           Table
           shews
           what
           Statutes
           were
           made
           in
           every
           particular
           Kings
           Raign
           ,
           so
           the
           other
           furnisheth
           you
           with
           the
           common
           and
           known
           heads
           and
           Titles
           of
           the
           
             Com̄on
             Law
          
           whereto
           
           every
           statute
           referreth
           :
           where
           at
           one
           view
           you
           may
           see
           what
           several
           statutes
           in
           several
           Kings
           Reigns
           have
           been
           made
           concerning
           such
           a
           Branch
           ,
           head
           or
           Title
           of
           the
           
             Common
             Law
          
           ,
           such
           as
           is
           used
           by
           Practisers
           and
           Students
           in
           their
           Common
           Place
           Books
           .
        
         
           And
           since
           there
           is
           a
           great
           diversity
           in
           the
           Methodising
           of
           those
           heads
           ,
           as
           that
           of
           
             Fitzherbert
             ,
             Brook
             ,
             Rastal
             ,
             Ash
             ,
          
           and
           of
           late
           one
           more
           accurate
           by
           Serjeant
           Roles
           ;
           The
           Reader
           may
           be
           pleased
           to
           take
           notice
           ,
           that
           what
           he
           finds
           here
           ,
           is
           digested
           (
           as
           nearly
           as
           could
           be
           )
           according
           to
           the
           last
           .
        
      
       
         
         
           First
           Table
           .
        
         
           
             
               
                 Edward
                 .
                 3.
                 
              
            
             
               
                 An̄o
                 Reg.
                 
              
               
                 Cap.
                 
              
               
                  
              
            
             
               
                 4.
                 
              
               
                 7.
                 
              
               
                 EXecutors
                 .
              
            
             
               
                 25.
                 
              
               
                 5.
                 
              
               
                 Executors
                 .
              
            
             
               
                 31.
                 
              
               
                 11.
                 
              
               
                 Administrators
                 .
                 Executors
                 .
              
            
             
               
                 36.
                 
              
               
                 15.
                 
              
               
                 Pleading
                 .
              
            
             
               
                 Ric.
                 2.
                 
              
            
             
               
                 9.
                 
              
               
                 3.
                 
              
               
                 Attaint
                 .
                 Error
                 .
              
            
             
               
                 13.
                 
              
               
                 17.
                 
              
               
                 Resceipt
                 .
              
            
             
               
                 15.
                 
              
               
                 3.
                 
              
               
                 Admiraltie
                 .
                 vide
                 Court.
                 
              
            
             
               
                 Henr.
                 4.
                 
              
            
             
               
                 2.
                 
              
               
                 7.
                 
              
               
                 Nonsuit
                 .
              
            
             
               
                 2.
                 
              
               
                 11.
                 
              
               
                 Admiraltie
                 .
                 vide
                 Court.
                 
              
            
             
               
                 4.
                 
              
               
                 8.
                 
              
               
                 Atturney
                 .
              
            
             
               
                  
              
               
                 13.
                 
              
               
                 Judgment
                 .
              
            
             
               
                 5.
                 
              
               
                 8.
                 
              
               
                 Ley
                 gager
                 .
              
            
             
               
                 Henr.
                 5.
                 
              
            
             
               
                 1.
                 
              
               
                 5.
                 
              
               
                 Additions
                 .
                 vide
                 Briefe
                 .
              
            
             
               
                 2.
                 
              
               
                 2.
                 
              
               
                 Corpus
                 cum
                 causa
                 .
                 vide
                 Habeas
                 Corpus
                 .
              
            
             
               
                  
              
               
                 3.
                 
              
               
                 Libell
                 .
              
            
             
               
                 9.
                 
              
               
                 4.
                 
              
               
                 Amendment
                 .
              
            
             
               
                 Henr.
                 6.
                 
              
            
             
               
                 4.
                 
              
               
                 3.
                 
              
               
                 Amendment
                 .
              
            
             
               
                 8.
                 
              
               
                 12.
                 
              
               
                 Amendment
                 .
              
            
             
               
                  
              
               
                 15.
                 
              
               
                 Amendment
                 .
              
            
             
               
                 10.
                 
              
               
                 4.
                 
              
               
                 Apparance
                 .
                 vide
                 Default
                 .
              
            
             
               
                 23.
                 
              
               
                 10.
                 
              
               
                 Sheriff
                 .
                 vide
                 Obligation
                 .
              
            
             
             
               
                 Ric.
                 3.
                 
              
            
             
               
                 1.
                 
              
               
                 7.
                 
              
               
                 Fines
                 .
              
            
             
               
                 Henr.
                 7.
                 
              
            
             
               
                 3.
                 
              
               
                 7.
                 
              
               
                 Damages
                 and
                 Costs
                 .
              
            
             
               
                 4.
                 
              
               
                 20.
                 
              
               
                 Actions
                 popular
                 .
              
            
             
               
                  
              
               
                 24.
                 
              
               
                 Fines
                 .
              
            
             
               
                 11.
                 
              
               
                 20.
                 
              
               
                 Discontinuance
                 .
                 vide
                 Continuance
                 .
              
            
             
               
                 19.
                 
              
               
                 9.
                 
              
               
                 Error
                 .
              
            
             
               
                  
              
               
                 20.
                 
              
               
                 Damages
                 and
                 Costs
                 .
              
            
             
               
                 Henr.
                 8.
                 
              
            
             
               
                 7.
                 
              
               
                 3.
                 
              
               
                 Avowrie
                 .
              
            
             
               
                 21.
                 
              
               
                 4.
                 
              
               
                 Executor
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 Probate
                 of
                 Wills.
                 vide
                 Executors
                 .
              
            
             
               
                  
              
               
                 13.
                 
              
               
                 Residence
                 .
              
            
             
               
                  
              
               
                 15.
                 
              
               
                 Recoveries
                 .
              
            
             
               
                  
              
               
                 19.
                 
              
               
                 Avowries
                 .
              
            
             
               
                 23.
                 
              
               
                 3.
                 
              
               
                 Attai●
              
            
             
               
                  
              
               
                 6.
                 
              
               
                 Recognisance
                 .
              
            
             
               
                  
              
               
                 9.
                 
              
               
                 Citation
                 .
              
            
             
               
                  
              
               
                 15.
                 
              
               
                 Damages
                 and
                 Costs
                 .
              
            
             
               
                 24.
                 
              
               
                 8.
                 
              
               
                 Costs
                 .
              
            
             
               
                 27.
                 
              
               
                 10.
                 
              
               
                 Uses
                 and
                 Wills.
                 
              
            
             
               
                  
              
               
                 16.
                 
              
               
                 Inrolment
                 .
              
            
             
               
                 28.
                 
              
               
                 13.
                 
              
               
                 Residence
                 .
              
            
             
               
                 31.
                 
              
               
                 1.
                 
              
               
                 Partition
                 .
              
            
             
               
                 32.
                 
              
               
                 1.
                 
              
               
                 Wills.
                 vide
                 Executors
                 .
              
            
             
               
                  
              
               
                 2.
                 
              
               
                 Limitations
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 Execution
                 .
              
            
             
               
                  
              
               
                 9.
                 
              
               
                 Maintenance
                 .
              
            
             
               
                  
              
               
                 28.
                 
              
               
                 Leases
                 .
                 vide
                 Powers
                 .
              
            
             
               
                  
              
               
                 30.
                 
              
               
                 Repleader
                 .
              
            
             
             
               
                  
              
               
                 32.
                 
              
               
                 Partition
                 .
              
            
             
               
                  
              
               
                 33.
                 
              
               
                 Entre
                 congeable
                 .
              
            
             
               
                  
              
               
                 34.
                 
              
               
                 Conditions
                 .
              
            
             
               
                  
              
               
                 36.
                 
              
               
                 Fines
                 .
              
            
             
               
                  
              
               
                 37.
                 
              
               
                 Rents
                 .
              
            
             
               
                  
              
               
                 38.
                 
              
               
                 Mariages
                 .
                 vide
                 Baron
                 &
                 feme
                 .
              
            
             
               
                 34
                 ,
                 35.
                 
              
               
                 5.
                 
              
               
                 Wills.
                 vide
                 Devise
                 .
              
            
             
               
                  
              
               
                 20.
                 
              
               
                 Recoveries
                 .
              
            
             
               
                 Edwar.
                 6.
                 
              
            
             
               
                 1.
                 
              
               
                 7.
                 
              
               
                 Discontinuance
                 .
                 vide
                 Continuance
                 .
              
            
             
               
                 2
                 ,
                 3.
                 
              
               
                 13.
                 
              
               
                 Tithe
                 .
                 vide
                 Dismes
                 .
              
            
             
               
                 5
                 ,
                 6.
                 
              
               
                 16.
                 
              
               
                 Offices
                 .
              
            
             
               
                 Phil.
                 &
                 Mar.
                 
              
            
             
               
                 1.
                 
                 Sess
                 .
                 2.
                 
              
               
                 5.
                 
              
               
                 Limitation
                 .
              
            
             
               
                 4
                 ,
                 5.
                 
              
               
                 7.
                 
              
               
                 Tales
                 .
                 vide
                 Tryal
                 .
              
            
             
               
                  
              
               
                 8.
                 
              
               
                 Maidens
                 .
              
            
             
               
                 Eliz.
                 
              
            
             
               
                 1.
                 
              
               
                 19.
                 
              
               
                 Bishops
                 leases
                 .
                 vide
                 Powers
                 .
              
            
             
               
                 5.
                 
              
               
                 23.
                 
              
               
                 Excomunicato
                 capiendo
                 .
                 v.
                 Excomengement
              
            
             
               
                 8.
                 
              
               
                 2.
                 
              
               
                 Damages
                 and
                 Costs
                 .
              
            
             
               
                 13.
                 
              
               
                 5.
                 
              
               
                 Fraudulent
                 conveyances
                 .
                 vide
                 Fraud
                 .
              
            
             
               
                  
              
               
                 6.
                 
              
               
                 Letters
                 patents
                 .
                 vide
                 Pleading
                 .
              
            
             
               
                  
              
               
                 7.
                 
              
               
                 Bankrupts
                 .
              
            
             
               
                  
              
               
                 10.
                 
              
               
                 Leases
                 and
                 dilapidations
                 .
                 vide
                 Powers
                 .
              
            
             
               
                  
              
               
                 20.
                 
              
               
                 Leases
                 of
                 Parsonages
                 .
                 vide
                 Powers
                 .
              
            
             
               
                 14.
                 
              
               
                 8.
                 
              
               
                 Recoveries
                 .
              
            
             
               
                  
              
               
                 9.
                 
              
               
                 Tales
                 .
                 vide
                 Tryal
                 .
              
            
             
               
                 18.
                 
              
               
                 5.
                 
              
               
                 Informers
                 .
                 vide
                 Action
                 popular
                 .
              
            
             
               
                  
              
               
                 11.
                 
              
               
                 Leases
                 of
                 spiritual
                 livings
                 .
                 vide
                 Powers
                 .
              
            
             
             
               
                  
              
               
                 14.
                 
              
               
                 Jeofailes
                 .
              
            
             
               
                 27.
                 
              
               
                 8.
                 
              
               
                 Fraudulent
                 conveyances
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 Demurrers
                 .
              
            
             
               
                  
              
               
                 13.
                 
              
               
                 Hue
                 and
                 cry
                 .
              
            
             
               
                 29.
                 
              
               
                 5.
                 
              
               
                 Informers
                 .
                 vide
                 Atturney
                 .
              
            
             
               
                 31.
                 
              
               
                 3.
                 
              
               
                 Exigent
                 and
                 Outlawry
                 .
                 vide
                 Utlagary
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 Actions
                 popular
                 .
              
            
             
               
                  
              
               
                 6.
                 
              
               
                 Simonie
                 .
              
            
             
               
                  
              
               
                 10.
                 
              
               
                 Informers
                 .
                 vide
                 Atturney
                 .
              
            
             
               
                  
              
               
                 12.
                 
              
               
                 Faires
                 and
                 Markets
                 .
                 vide
                 Market
                 .
              
            
             
               
                 43.
                 
              
               
                 5.
                 
              
               
                 Corpus
                 cum
                 causa
                 .
                 vide
                 Habeas
                 corpus
                 .
              
            
             
               
                  
              
               
                 6.
                 
              
               
                 Damages
                 and
                 costs
                 .
              
            
             
               
                  
              
               
                 8.
                 
              
               
                 Executors
                 .
              
            
             
               
                  
              
               
                 12.
                 
              
               
                 Policies
                 of
                 assurance
                 .
                 vide
                 Merchants
                 .
              
            
             
               
                 Jac.
                 
              
            
             
               
                 1.
                 
              
               
                 3.
                 
              
               
                 Bishops
                 leases
                 .
                 vide
                 Powers
                 .
              
            
             
               
                  
              
               
                 15.
                 
              
               
                 Bankrupts
                 .
              
            
             
               
                 3.
                 
              
               
                 8.
                 
              
               
                 Delays
                 of
                 Execution
                 .
                 vide
                 Execution
                 .
              
            
             
               
                 4.
                 
              
               
                 3.
                 
              
               
                 Costs
                 for
                 the
                 defendant
                 .
                 vide
                 Costs
                 .
              
            
             
               
                 7.
                 
              
               
                 5.
                 
              
               
                 Officer
                 impleaded
                 .
                 vide
                 Office.
                 
              
            
             
               
                 21.
                 
              
               
                 4.
                 
              
               
                 Action
                 popular
                 .
              
            
             
               
                  
              
               
                 8.
                 
              
               
                 Certiorari
                 .
              
            
             
               
                  
              
               
                 12.
                 
              
               
                 Officer
                 impleaded
                 .
                 vide
                 Office.
                 
              
            
             
               
                  
              
               
                 13.
                 
              
               
                 Jeofailes
                 .
              
            
             
               
                  
              
               
                 16.
                 
              
               
                 Limitation
                 .
              
            
             
               
                  
              
               
                 19.
                 
              
               
                 Bankrupt
                 .
              
            
             
               
                  
              
               
                 23.
                 
              
               
                 Corpus
                 cum
                 causa
                 .
                 vide
                 Habeas
                 Corpus
                 .
              
            
             
               
                  
              
               
                 24.
                 
              
               
                 Execution
                 .
              
            
             
               
                 Car.
                 2.
                 
              
            
             
               
                 13
                 sess
                 .
                 2.
                 
              
               
                 2.
                 
              
               
                 Delays
                 in
                 execution
                 .
                 vide
                 Briefe
                 and
                 Costs
                 .
              
            
             
               
                 14.
                 
              
               
                 21.
                 
              
               
                 Sheriff
                 .
                 vide
                 Office.
                 
              
            
             
             
               
                  
              
               
                 23.
                 
              
               
                 Atturnment
                 .
                 Merchants
                 .
              
            
             
               
                  
              
               
                 24.
                 
              
               
                 Bankrupts
                 .
              
            
             
               
                 16.
                 
              
               
                 2.
                 
              
               
                 Abatement
                 of
                 writs
                 of
                 Error
                 .
                 vide
                 Briefe
                 .
              
            
             
               
                  
              
               
                 5.
                 
              
               
                 Delayes
                 in
                 extending
                 Statutes
                 v.
                 Execution
                 .
              
            
             
               
                 16
                 ,
                 17.
                 
              
               
                 8.
                 
              
               
                 Arrest
                 of
                 Judgment
                 .
                 vide
                 Execution
                 .
              
            
             
               
                 17.
                 
              
               
                 7.
                 
              
               
                 Distress
                 and
                 avowry
                 .
                 vide
                 Replevin
                 .
              
            
             
               
                  
              
               
                 8.
                 
              
               
                 Delays
                 .
                 vide
                 Execution
                 .
              
            
             
               
                 19.
                 
              
               
                 11.
                 
              
               
                 Decease
                 of
                 person
                 beyond
                 seas
                 .
                 v.
                 Entry
                 cong
                 .
              
            
             
               
                 20.
                 
              
               
                 4.
                 
              
               
                 Error
                 .
              
            
             
               
                 23.
                 
              
               
                 9.
                 
              
               
                 Costs
                 and
                 Damages
                 .
              
            
             
               
                  
              
               
                 10.
                 
              
               
                 Administrator
                 .
                 vide
                 Executors
              
            
          
        
      
       
         
           Second
           Table
           .
        
         
           
             
               
                 Actions
                 popular
              
               .
               4
               H.
               7.
               c.
               20.
               31
               
               El
               c.
               5.
               21
               
               Jac.
               c.
               4.
               18
               
               El
               c.
               5.
               
            
             
               Amendment
               .
               9
               H.
               5.
               c.
               4.
               4
               
               H.
               6.
               c.
               3.
               8
               
               H.
               6.
               c.
               12.
               c.
               15.
               27
               
               El.
               c.
               5.
               
            
             
               Attaint
               .
               9
               R.
               2.
               c.
               3.
               23
               
               H.
               8.
               c.
               3.
               
            
             
               Atturney
               .
               4
               H.
               4.
               c.
               18.
               29
               
               El.
               c.
               5.
               31
               
               El.
               c.
               10.
               
            
             
               Avowrie
               .
               7
               H.
               8.
               c.
               4.
               21
               
               H.
               8.
               c.
               
            
             
               Baile
               .
               13
               Car.
               2.
               
               Sess
               .
               2.
               c.
               2.
               
            
             
               Bankrupts
               .
               13
               El.
               c.
               7.
               1
               
               Jac.
               c.
               15.
               21
               
               Jac.
               c.
               19.
               14
               
               Car.
               2.
               c.
               24.
               
            
             
               
                 Baron
                 &
                 feme
              
               .
               32
               H.
               8.
               c.
               38.
               
            
             
               Briefe
               .
               1
               H.
               5.
               c.
               5.
               16
               
               Car.
               2.
               c.
               2.
               
            
             
               Certiorari
               .
               21
               Jac.
               c.
               8.
               
            
             
               Conditions
               .
               32
               H.
               8.
               c.
               34.
               
            
             
             
               Continuance
               .
               1
               Edw.
               6.
               c.
               7.
               
            
             
               Costs
               .
               24
               H.
               8.
               c.
               8.
               43
               
               El.
               c.
               6.
               4
               
               Jac.
               c.
               3.
               13
               
               Car.
               2.
               
               Sess
               .
               2.
               c.
               2.
               22
               ,
               23
               Car.
               2.
               c.
               9.
               
            
             
               
                 Court.
                 Admiraltie
              
               .
               2
               H.
               4.
               c.
               11.
               
            
             
               Damages
               .
               3
               H.
               7.
               c.
               10.
               19
               
               H.
               7.
               c.
               20.
               23
               
               H.
               8.
               c.
               15.
               8
               
               El.
               c.
               2.
               43
               
               El.
               c.
               6.
               
            
             
               
                 Defalt
                 .
                 Apparance
              
               .
               10
               H.
               6.
               c.
               4.
               
            
             
               Devise
               .
               27
               H
               8.
               c.
               10.
               32
               
               H.
               8.
               c.
               1.
               34
               ,
               35
               H.
               8.
               c.
               5.
               
            
             
               Discontinuance
               .
               11
               H.
               7.
               c.
               20.
               
            
             
               Dismes
               .
               2
               ,
               3
               Edw.
               6.
               c.
               13.
               
            
             
               
                 Dower
                 .
                 Iointure
              
               .
               27
               H.
               8.
               c.
               10.
               
            
             
               
                 Entrie
                 cong
              
               .
               32
               H.
               8.
               c.
               33.
               19
               
               Car.
               2.
               c.
               11.
               
            
             
               Error
               .
               9
               R.
               2.
               c.
               3.
               6
               
               Car.
               2.
               c.
               2.
               16
               ,
               17
               Car.
               2.
               c.
               8.
               17
               
               Car.
               2.
               c.
               8.
               20
               
               Car.
               2.
               c.
               4.
               
            
             
               Excommengement
               .
               5
               El.
               c.
               23.
               
            
             
               Execution
               .
               32
               H.
               8.
               c.
               5.
               3
               
               Jac.
               c.
               8.
               21
               
               Jac.
               c.
               24.
               16
               ,
               17
               Car.
               2.
               c.
               5.
               71
               
               C.
               2.
               c.
               8.
               
            
             
               
                 Executors
                 .
                 Administrators
              
               .
               31
               Edw.
               3.
               c.
               11.
               21
               
               H.
               8.
               c.
               15.
               23
               
               Car.
               2.
               c.
               10.
               4
               
               Edw.
               3.
               c.
               7.
               25
               
               Edw.
               3.
               c.
               5.
               21
               
               H.
               8.
               c.
               4.
               43
               
               El.
               c.
               8.
               
            
             
               Fine
               .
               1
               R.
               3.
               c.
               7.
               4
               
               H.
               7.
               c.
               24.
               32
               
               H.
               8.
               c.
               35.
               
            
             
               Fraud
               .
               13
               El.
               c.
               5.
               27.
               
               El.
               c.
               4.
               
            
             
             
               
                 Habeas
                 Corpus
              
               .
               2
               H.
               5.
               c.
               2.
               43
               
               El.
               c.
               5.
               21
               
               Jac.
               c.
               23.
               
            
             
               
                 Hue
                 and
                 Cry.
              
               27
               El.
               c.
               13.
               
            
             
               Inrollment
               .
               27
               H.
               8.
               c.
               16.
               
            
             
               Iudge
               .
               20
               R.
               2.
               c.
               3.
               
            
             
               
                 Ley
                 gager
              
               .
               5
               H.
               4.
               c.
               8.
               
            
             
               Libell
               .
               2
               H.
               5.
               c.
               3.
               
            
             
               Limitation
               .
               32
               H.
               8.
               c.
               2.
               1
               
               Sess
               .
               2
               P.
               M.
               c.
               5.
               21
               
               Jac.
               c.
               16.
               
            
             
               Maintenance
               .
               32
               H.
               8.
               c.
               9.
               
            
             
               Market
               .
               31
               El.
               c.
               12.
               
            
             
               Nonsuit
               .
               2
               H.
               4.
               c.
               7.
               13
               
               Car.
               2.
               
               Sess
               .
               2.
               c.
               2.
               
            
             
               Obligation
               .
               32
               H.
               6.
               c.
               10.
               
            
             
               Office.
               5
               ,
               6
               Edw.
               6.
               c.
               16.
               7
               
               Jac.
               c.
               5.
               21
               
               Jac.
               c.
               12.
               14
               
               Car.
               2.
               c.
               21.
               
            
             
               Partition
               .
               31
               H.
               8.
               c.
               1.
               32
               
               H.
               8.
               c.
               32.
               
            
             
               Pleading
               .
               36
               Edw.
               3.
               c.
               15.
               13
               
               El.
               c.
               6.
               43
               
               El.
               c.
               12.
               14
               
               Car.
               2.
               c.
               23.
               
            
             
               Powers
               .
               32
               H.
               8.
               c.
               28.
               1
               
               El.
               c.
               19.
               13
               
               El.
               c.
               10.
               13
               
               El.
               c.
               20.
               18
               
               El.
               c.
               11.
               1
               
               Jac.
               c.
               3.
               
            
             
               Proces
               .
               19
               H.
               7.
               c.
               9.
               13
               
               Car.
               2.
               
               Sess
               .
               2.
               c.
               2.
               
            
             
               Prohibition
               .
               23
               H.
               8.
               c.
               9.
               
            
             
             
               Recognisancc
               .
               23
               H.
               8.
               c.
               6.
               
            
             
               Recoverie
               .
               21
               H.
               8.
               c.
               15.
               34
               ,
               35
               H.
               8.
               c.
               20.
               14
               
               El.
               c.
               8.
               
            
             
               Rents
               .
               32
               H.
               8.
               c.
               37.
               
            
             
               Repleader
               .
               32
               H.
               8.
               c.
               30.
               
            
             
               Replevin
               .
               17
               Car.
               2.
               c.
               7.
               
            
             
               Resceipt
               .
               13
               R.
               2.
               c.
               17.
               
            
             
               Simonie
               .
               31
               El.
               c.
               6.
               
            
             
               
                 Spiritual
                 persons
              
               .
               21
               H.
               8.
               c.
               13.
               28
               
               H.
               8.
               c.
               13.
               
            
             
               Trial.
               19
               Car.
               2.
               c.
               11.
               4
               ,
               5
               P.
               M.
               c.
               7.
               14
               
               El.
               c.
               9.
               
            
             
               Uses
               .
               27
               H.
               8.
               c.
               10.
               
            
             
               Utlagary
               .
               21
               El.
               c.
               3.
               
            
          
        
      
    
     
       
         
         
         
           Action
           Popular
           .
        
         
           1.
           
           REcovery
           in
           an
           action
           popular
           by
           covin
           shall
           be
           no
           bane
           in
           an
           action
           sued
           
           for
           the
           same
           thing
           
             bonâ
             side
          
           .
        
         
           2.
           
           Here
           the
           defend
           ’
           attainted
           of
           Collusion
           shall
           suffer
           2
           years
           imprisonment
           to
           be
           prosecuted
           within
           one
           year
           .
        
         
           3.
           
           No
           Release
           of
           a
           common
           person
           shall
           in
           this
           case
           discharge
           an
           action
           popular
           .
        
         
           4.
           
           Yet
           no
           collusion
           is
           in
           this
           case
           averrable
           ,
           where
           the
           Point
           of
           the
           same
           action
           ,
           or
           the
           Collusion
           it self
           hath
           been
           tryed
           by
           Verdict
           .
        
         
           5.
           
           Informers
           heretofore
           resirained
           by
           
           order
           of
           any
           Court
           ,
           shall
           not
           pursue
           actions
           popular
           .
        
         
           6.
           
           In
           popular
           actions
           the
           offence
           shall
           be
           laid
           to
           be
           done
           in
           the
           County
           where
           indeed
           it
           was
           done
           :
           otherwise
           if
           the
           defend
           ’
           traverse
           and
           disprove
           that
           point
           ,
           the
           plaint
           ’
           shall
           be
           barr'd
           .
        
         
           7.
           
           This
           act
           doth
           not
           restrain
           Officers
           ,
           which
           have
           lawfully
           used
           to
           exhibite
           informations
           ,
           nor
           actions
           brought
           for
           Champerty
           ,
           buying
           of
           Titles
           ,
           extortion
           ,
           offences
           against
           the
           statute
           of
           1
           El
           ,
           11.
           (
           concerning
           
           the
           right
           landing
           of
           Merchandises
           ,
           and
           custome
           of
           sweet
           wines
           )
           concealing
           of
           customs
           ,
           &c.
           corrupt
           usury
           ,
           forestalling
           ,
           regrating
           or
           ingrossing
           ,
           when
           the
           penalty
           shall
           amount
           to
           20l.
           or
           above
           :
           For
           in
           all
           these
           cases
           the
           offence
           may
           be
           laid
           in
           any
           County
           .
        
         
           8.
           
           Popular
           actions
           ,
           where
           the
           King
           onely
           hath
           the
           forfeiture
           ,
           shall
           be
           commenced
           within
           2
           years
           ;
           where
           he
           hath
           onely
           a
           part
           ,
           and
           the
           Informer
           the
           rest
           ,
           within
           one
           year
           .
           But
           this
           is
           to
           be
           understood
           ,
           where
           a
           shorter
           time
           is
           not
           limited
           by
           any
           statute
           .
        
         
           9.
           
           All
           suits
           for
           using
           unlawful
           games
           ,
           or
           any
           art
           or
           mysterie
           without
           being
           brought
           up
           in
           it
           ,
           and
           for
           not
           having
           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
           which
           may
           barre
           the
           attaint
           ;
           but
           notwithstanding
           such
           plea
           the
           grand
           Jury
           shall
           neverthelesse
           enquire
           whether
           the
           first
           Jury
           gave
           a
           true
           verdict
           ,
           or
           no.
           
        
         
         
           9.
           
           If
           the
           petty
           Jury
           be
           found
           to
           have
           given
           an
           untrue
           verdict
           ,
           they
           shall
           each
           of
           them
           forfeit
           20
           l.
           to
           be
           divided
           between
           the
           King
           and
           the
           Plaint
           ’
           ,
           and
           incurr
           several
           fines
           at
           the
           Discretion
           of
           the
           Justices
           ,
           and
           be
           ever
           after
           disabled
           to
           give
           testimony
           in
           any
           court
           .
        
         
           10.
           
           If
           the
           Defendants
           plea
           in
           barr
           be
           found
           against
           him
           ,
           the
           Plaint
           ’
           shall
           have
           Judgment
           to
           be
           restored
           to
           what
           he
           lost
           ,
           with
           his
           reasonable
           costs
           and
           damages
           .
        
         
           11.
           
           Outlawry
           or
           Excommunication
           shall
           be
           no
           plea
           against
           the
           Plaint
           ’
           in
           attaint
           ;
           and
           in
           the
           aforesaid
           process
           such
           day
           shall
           be
           given
           as
           in
           Dower
           ,
           but
           no
           Essine
           or
           protection
           allowed
           .
        
         
           12.
           
           If
           the
           Grand
           Jury
           appear
           not
           ,
           so
           that
           the
           petty
           Juryes
           verdict
           remain
           untried
           ,
           the
           defalters
           shall
           upon
           the
           first
           distress
           forfeit
           20
           s.
           upon
           the
           2
           d.
           40
           s.
           and
           upon
           every
           distress
           after
           5
           l.
           the
           like
           penalty
           is
           also
           to
           be
           inflicted
           upon
           the
           Tales
           .
        
         
           13.
           
           The
           attaint
           is
           maintainable
           as
           long
           as
           any
           two
           of
           the
           the
           petty
           Jury
           are
           alive
           .
        
         
           14.
           
           An
           attaint
           shall
           also
           lye
           for
           a
           personal
           thing
           under
           the
           value
           of
           40
           l.
           in
           manner
           aforesaid
           ,
           save
           only
           in
           such
           case
           the
           Grand
           Juror
           is
           to
           have
           lands
           worth
           5
           
           markes
           
             per
             annum
          
           out
           of
           auntient
           demesne
           ,
           or
           to
           be
           worth
           a
           hundred
           markes
           in
           goods
           ,
           and
           the
           forefeiture
           of
           each
           Juror
           shall
           be
           but
           5
           l.
           
        
         
           15.
           
           For
           want
           of
           sufficient
           Iurors
           in
           one
           County
           a
           Tales
           shall
           be
           awarded
           into
           another
           County
           at
           the
           Discretion
           of
           the
           Iustices
           .
        
         
           16.
           
           An
           attaint
           shall
           also
           lye
           for
           him
           in
           Reversion
           or
           Remainder
           ;
           and
           also
           if
           in
           attaint
           the
           Plaint
           ’
           be
           nonsuit
           or
           discontinue
           his
           suit
           ,
           he
           shall
           be
           fined
           at
           the
           discretion
           of
           the
           Iustices
           .
        
         
           17.
           
           All
           Attaints
           shall
           hereafter
           be
           taken
           at
           the
           Kings
           Bench
           or
           common
           pleas
           and
           not
           elsewhere
           ,
           and
           
             Nisi
             prius
          
           shall
           be
           granted
           upon
           the
           distress
           ;
           at
           the
           discretion
           of
           the
           Iustices
           also
           any
           of
           the
           petty
           Iury
           may
           appear
           and
           answer
           by
           atturney
           .
        
         
           18.
           
           As
           concerning
           the
           forfeitures
           ,
           the
           several
           moyties
           shall
           be
           recovered
           by
           the
           King
           and
           parties
           respectively
           by
           
             Ca
             :
             Sa
          
           :
           or
           
             si
             :
             fa
          
           :
           or
           Elegit
           ,
           or
           action
           of
           debt
           against
           each
           of
           the
           Petty
           Jury
           :
           their
           Executors
           or
           Administrators
           having
           sufficient
           goods
           of
           the
           Testators
           not
           administred
           .
        
         
           19.
           
           Judgement
           and
           Execution
           of
           Restitution
           to
           the
           Plaint
           ’
           ,
           and
           of
           discharge
           of
           Restitution
           to
           the
           tenant
           or
           Defend
           ’
           shall
           
           be
           given
           and
           had
           as
           in
           case
           of
           a
           grand
           Attaint
           hath
           been
           used
           .
        
         
           20.
           
           The
           nonsuit
           or
           release
           shall
           not
           prejudice
           his
           companions
           .
        
         
           21.
           
           In
           every
           writ
           of
           Attaint
           after
           the
           test
           these
           words
           shall
           be
           inserted
           
             per
             Statutum
             continuatum
             usque
             annum
          
           23
           H.
           8.
           
           
             Dei
             gratiâ
             &c.
          
           
        
      
       
         
           Atturney
           .
        
         
           1.
           
           ALL
           Atturneys
           shall
           be
           examin'd
           
           by
           the
           Iustices
           ,
           and
           by
           their
           discretion
           put
           into
           the
           Roll.
           
        
         
           2.
           
           Those
           that
           are
           by
           them
           approved
           ,
           shall
           swear
           truly
           to
           serve
           in
           their
           offices
           ,
           and
           to
           make
           no
           suit
           in
           a
           foreign
           county
           .
           An
           insufficient
           Atturney
           shall
           be
           put
           out
           by
           the
           like
           discretion
           of
           the
           Iustices
           ;
           and
           their
           Masters
           or
           Clients
           shall
           have
           notice
           thereof
           ,
           lest
           they
           be
           prejudic'd
           thereby
           .
        
         
           3.
           
           As
           any
           dye
           or
           cease
           ,
           the
           Iustices
           shall
           appoint
           others
           ,
           being
           vertuous
           ,
           learned
           ,
           sworn
           as
           aforesaid
           .
        
         
           4.
           
           If
           an
           Atturney
           be
           found
           notoriously
           in
           fault
           ,
           he
           shall
           forbear
           the
           Court
           ,
           and
           be
           never
           admitted
           into
           any
           other
           Court.
           
        
         
           5.
           
           The
           Treasurer
           and
           Barons
           of
           the
           Exchequer
           shall
           pursue
           the
           like
           course
           there
           at
           their
           discretion
           .
        
         
         
           6.
           
           If
           any
           shall
           be
           sued
           upon
           any
           penal
           
           Law
           in
           the
           Kings
           Bench
           ,
           common
           pleas
           ,
           or
           Exchequer
           ,
           where
           such
           person
           is
           baylable
           by
           law
           ,
           or
           may
           appear
           by
           Atturney
           ,
           the
           person
           so
           sued
           shall
           at
           the
           day
           contained
           in
           the
           first
           process
           appear
           by
           Atturney
           to
           defend
           the
           same
           ,
           and
           shall
           not
           be
           urged
           to
           personal
           appearance
           ,
           or
           to
           put
           in
           bayle
           to
           answer
           the
           same
           .
        
         
           7.
           
           The
           said
           clause
           of
           29
           El.
           shall
           onely
           
           extend
           to
           natural
           born
           subjects
           or
           free
           Denizens
           .
        
      
       
         
           Avowry
           .
        
         
           1.
           
           REcoverers
           of
           Lands
           ,
           Tenements
           
           and
           Advowsons
           ,
           their
           heires
           and
           assignes
           may
           distrain
           for
           rents
           ,
           services
           and
           customes
           due
           and
           unpayd
           ,
           and
           make
           avowry
           and
           Justifie
           the
           same
           ,
           and
           have
           like
           remedy
           for
           recovering
           them
           ,
           as
           the
           Recoverers
           might
           have
           had
           or
           done
           ,
           albeit
           the
           said
           recoverers
           were
           never
           seised
           thereof
           ;
           and
           shall
           also
           have
           a
           
             Quare
             impedit
          
           for
           an
           advowson
           ,
           if
           upon
           avoydance
           any
           disturbance
           be
           made
           by
           a
           stranger
           ,
           as
           the
           recoverers
           might
           have
           had
           ,
           albeit
           they
           were
           never
           seised
           thereof
           by
           presentation
           .
        
         
           2.
           
           Here
           every
           Avowant
           in
           any
           Replegiare
           
           or
           second
           deliverance
           ,
           if
           their
           avowry
           ,
           conusans
           or
           Justification
           be
           found
           for
           them
           ,
           or
           the
           Plaint
           ’
           be
           otherwise
           barred
           ,
           shall
           recover
           his
           damages
           and
           costs
           .
        
         
           3.
           
           Termer
           for
           years
           may
           falsifie
           a
           faigned
           recovery
           had
           against
           him
           in
           the
           
           reversion
           ,
           and
           shall
           retain
           and
           enjoy
           his
           terme
           against
           the
           Recoverer
           ,
           his
           heires
           and
           assignes
           ,
           according
           to
           his
           Lease
           .
        
         
           4.
           
           Also
           the
           Recoverer
           shall
           have
           like
           remedy
           against
           the
           termer
           ,
           his
           Executors
           and
           Assignes
           by
           Avowry
           or
           action
           of
           Debt
           for
           rents
           and
           services
           reserved
           upon
           such
           lease
           ,
           and
           due
           after
           such
           recovery
           ,
           and
           also
           like
           action
           for
           wast
           done
           after
           such
           recovery
           as
           the
           lessor
           might
           have
           had
           ,
           if
           such
           recovery
           had
           never
           been
           .
        
         
           5.
           
           No
           Stat
           ’
           of
           staple
           merchant
           or
           Execution
           by
           Elegit
           shall
           be
           avoyded
           by
           such
           feigned
           recoveries
           ,
           but
           such
           ten’ts
           shall
           have
           like
           remedy
           to
           falsifie
           such
           recoveries
           as
           is
           here
           provided
           for
           the
           Lessee
           for
           years
           .
        
         
           6.
           
           Upon
           a
           Replevin
           ,
           an
           Avowry
           may
           
           be
           made
           by
           the
           Lord
           or
           Conusee
           ,
           and
           Iustification
           by
           his
           Baylife
           or
           servant
           upon
           the
           Land
           holden
           of
           the
           said
           Lord
           ,
           without
           naming
           any
           person
           certain
           to
           be
           tenant
           thereof
           :
           the
           like
           law
           is
           also
           upon
           every
           writ
           sued
           of
           second
           deliverance
           .
        
         
         
           7.
           
           In
           any
           Replegiare
           or
           second
           deliverance
           for
           rents
           ,
           services
           ,
           customs
           ,
           or
           damage
           feasant
           ,
           if
           the
           Avowry
           ,
           Conusance
           or
           Iustification
           be
           found
           for
           the
           Defendant
           ,
           or
           the
           Plaint
           ’
           be
           nonsuit
           or
           otherwise
           barred
           ,
           the
           Desend
           ’
           shall
           recover
           such
           Damages
           and
           costs
           as
           the
           Plaint
           ’
           should
           have
           had
           if
           he
           had
           recovered
           .
        
         
           8.
           
           Both
           parties
           shall
           in
           such
           Writs
           have
           like
           pleas
           ,
           aid
           ,
           prayers
           ,
           Ioynders
           in
           aid
           ,
           as
           at
           the
           common
           Law
           ,
           notwithstanding
           this
           act
           ;
           pleas
           of
           disclaimer
           onely
           excepted
           .
        
      
       
         
           Baile
           .
        
         
           1.
           
           NO
           person
           arrested
           upon
           any
           writ
           
           out
           of
           the
           Kings
           Bench
           or
           common
           pleas
           ,
           upon
           which
           he
           is
           lyable
           by
           the
           Stat
           ’
           23
           H.
           6.
           c.
           10.
           shall
           be
           forced
           to
           give
           security
           or
           enter
           into
           bond
           with
           Sureties
           for
           his
           appearance
           at
           the
           day
           in
           such
           writ
           ,
           bill
           or
           processe
           specified
           in
           any
           sum
           above
           40l
           .
           unless
           the
           cause
           of
           action
           be
           expressed
           particularly
           :
           and
           where
           such
           cause
           of
           action
           is
           not
           expressed
           ,
           all
           sheriffs
           and
           officers
           shall
           let
           to
           baile
           persons
           arrested
           upon
           40l
           .
           security
           for
           their
           appearance
           ,
           according
           to
           the
           Stat
           ’
           23
           H.
           6.
           
        
         
         
           2.
           
           Upon
           appearance
           by
           Atturney
           in
           terme
           entered
           in
           court
           ,
           where
           the
           process
           is
           returnable
           ,
           the
           baile
           bond
           shall
           be
           satisfied
           and
           discharged
           ,
           and
           after
           such
           appearance
           no
           amerciaments
           shall
           be
           estreated
           against
           any
           Sheriff
           or
           officer
           for
           want
           of
           appearance
           ;
           and
           if
           the
           Plaint
           ’
           in
           some
           personal
           action
           declare
           not
           before
           the
           end
           of
           the
           next
           terme
           after
           appearance
           ,
           nonsuit
           shall
           be
           entered
           against
           him
           ,
           and
           costs
           taxed
           and
           levied
           ,
           as
           in
           the
           Stat
           ’
           28
           H.
           8.
           c.
           15.
           
        
         
           3.
           
           Proviso
           this
           Act
           extend
           not
           to
           
             capias
             utlagatum
          
           ,
           Attachments
           upon
           Rescous
           ,
           Attachments
           of
           Priviledge
           ,
           or
           any
           other
           attachment
           for
           contempt
           whatsoever
           ,
           issuing
           out
           of
           any
           of
           the
           said
           Courts
           .
        
      
       
         
           Banckrupts
           .
        
         
           1.
           
           IF
           any
           person
           (
           Subject
           or
           Denizen
           )
           
           exercising
           trade
           doth
           depart
           the
           Realm
           ,
           conceal
           him
           or
           her self
           ,
           take
           Sanctuary
           ,
           suffer
           him
           or
           her self
           to
           be
           arrested
           ,
           outlawed
           or
           imprisoned
           without
           just
           cause
           ,
           to
           the
           intent
           to
           defraud
           his
           or
           her
           Creditors
           being
           Subjects
           born
           ,
           he
           shall
           be
           deemed
           Bankrupt
           .
        
         
           2.
           
           The
           Lord
           Keeper
           or
           Chancellor
           upon
           complaint
           in
           writing
           against
           any
           such
           
           Bankrupt
           ,
           may
           appoint
           honest
           and
           discreet
           persons
           to
           take
           such
           order
           with
           the
           body
           of
           the
           Bankrupt
           whereever
           found
           ,
           and
           also
           with
           the
           Lands
           (
           as
           well
           Coppy
           as
           free
           )
           hereditaments
           ,
           Annuities
           ,
           offices
           ,
           writings
           ,
           goods
           ,
           chattels
           and
           debts
           wheresoever
           known
           ,
           which
           the
           Bankrupt
           hath
           in
           his
           own
           right
           ,
           with
           his
           wife
           ,
           child
           ,
           or
           children
           ,
           or
           by
           way
           of
           trust
           ,
           or
           any
           secret
           use
           ;
           and
           to
           cause
           the
           said
           premisses
           to
           be
           searched
           ,
           rented
           ,
           appraised
           and
           sold
           for
           the
           payment
           of
           the
           Creditors
           rateably
           according
           to
           their
           debts
           ,
           as
           in
           the
           discretion
           of
           such
           Commissioners
           or
           the
           most
           part
           of
           them
           shall
           be
           thought
           fit
           .
        
         
           3.
           
           The
           vendees
           of
           Coppy-hold
           Land
           shall
           compound
           with
           the
           Lord
           for
           their
           fines
           ,
           and
           then
           shall
           be
           admitted
           and
           make
           fealtie
           according
           to
           the
           Custome
           of
           the
           mannor
           .
        
         
           4.
           
           Such
           of
           the
           Commissioners
           as
           execute
           the
           Commission
           shall
           upon
           the
           Bankrupts
           request
           render
           him
           the
           account
           and
           also
           the
           overplus
           (
           if
           any
           be
           )
           unto
           him
           ,
           his
           Executors
           ,
           Administrators
           and
           Assignes
           .
        
         
           5.
           
           The
           Commissioners
           have
           power
           to
           convene
           before
           them
           any
           person
           accused
           or
           suspected
           to
           have
           any
           of
           the
           Bankrupts
           goods
           ,
           chattels
           or
           debts
           ,
           or
           to
           be
           indebted
           
           unto
           him
           ,
           and
           for
           discovery
           thereof
           to
           examine
           upon
           Oath
           or
           otherwise
           ,
           as
           they
           or
           the
           most
           of
           them
           think
           fit
           .
        
         
           6.
           
           The
           Person
           refusing
           in
           that
           behalf
           to
           disclose
           or
           swear
           shall
           forfeit
           the
           double
           value
           of
           the
           goods
           and
           chattels
           so
           concealed
           ,
           to
           be
           ordered
           and
           imployed
           by
           the
           Commissioners
           or
           the
           most
           part
           of
           them
           .
        
         
           7.
           
           The
           person
           demanding
           or
           detaining
           any
           of
           the
           Bankrupts
           goods
           ,
           chattels
           ,
           lands
           ,
           or
           debts
           not
           justly
           due
           ,
           shall
           forfeit
           the
           double
           value
           to
           be
           levied
           ,
           recovered
           and
           imployed
           as
           aforesaid
           .
        
         
           8.
           
           If
           after
           all
           the
           Creditors
           are
           paid
           out
           of
           the
           Bankrupts
           Estate
           and
           the
           forfeitures
           ,
           any
           surplusage
           be
           ,
           it
           shall
           be
           by
           the
           Commissioners
           divided
           between
           the
           Queen
           ,
           her
           heires
           and
           successors
           ,
           and
           the
           poor
           of
           the
           place
           where
           such
           Bankrupts
           happen
           to
           be
           .
        
         
           9.
           
           If
           any
           person
           indebted
           absent
           himself
           from
           his
           usual
           place
           of
           abode
           ,
           upon
           conplaint
           the
           Commissioners
           or
           the
           most
           of
           them
           shall
           award
           5
           proclamations
           to
           be
           made
           upon
           5
           sundry
           market
           dayes
           near
           the
           said
           place
           ,
           commanding
           him
           to
           render
           himself
           to
           the
           Commissioners
           or
           one
           of
           them
           ;
           which
           if
           he
           do
           not
           in
           convenient
           time
           ,
           he
           shall
           be
           adjudged
           out
           of
           the
           
           Queens
           protection
           ,
           and
           the
           party
           wittingly
           receiving
           or
           concealing
           him
           ,
           upon
           Information
           to
           the
           Commissioners
           or
           the
           most
           of
           them
           ,
           suffer
           such
           imprisonment
           and
           pay
           such
           fine
           as
           the
           Lord
           Chancellor
           or
           Keeper
           shall
           think
           fit
           .
        
         
           10.
           
           The
           Creditor
           not
           fully
           satisfied
           by
           this
           means
           may
           ,
           notwithstanding
           this
           act
           ,
           take
           his
           course
           at
           law
           for
           the
           recovery
           of
           the
           residue
           of
           the
           debt
           .
        
         
           11.
           
           The
           Estate
           which
           happeneth
           to
           the
           Bankrupt
           by
           purchase
           or
           descent
           after
           he
           becomes
           a
           Bankrupt
           ,
           shall
           also
           be
           extendable
           by
           the
           Commissioners
           ,
           or
           the
           more
           part
           of
           them
           .
        
         
           12.
           
           This
           Act
           shall
           not
           extend
           to
           Annual
           Estates
           of
           Land
           (
           free
           or
           Coppy
           )
           by
           him
           conveyed
           before
           he
           became
           Bankrupt
           ,
           so
           that
           they
           were
           conveyed
           
             bonâ
             fide
          
           ,
           and
           not
           to
           such
           as
           were
           privy
           to
           his
           fraudulent
           purpose
           .
        
         
           13.
           
           Every
           Subject
           born
           or
           Denizen
           ,
           who
           using
           trade
           shall
           depart
           the
           Realm
           ,
           
           keep
           house
           ,
           absent
           him
           or
           her self
           ,
           to
           be
           arrested
           for
           debt
           not
           justly
           grown
           due
           ,
           to
           be
           outlawed
           ,
           imprisoned
           ,
           fraudulently
           procure
           his
           person
           to
           be
           arrested
           or
           goods
           attached
           ,
           depart
           from
           home
           ,
           make
           any
           fraudulent
           grant
           of
           Lands
           or
           goods
           ,
           with
           intent
           
           to
           deceive
           his
           other
           Creditors
           being
           Subjects
           born
           ,
           or
           being
           arrested
           lye
           in
           prison
           6
           months
           or
           more
           ,
           shall
           be
           adjudged
           a
           Bankrupt
           .
        
         
           14.
           
           The
           Bankrupt
           hereby
           described
           shall
           be
           proceded
           against
           as
           is
           limited
           by
           the
           13
           El.
           7.
           in
           like
           maner
           as
           if
           he
           had
           been
           there
           so
           fully
           described
           .
        
         
           15.
           
           Any
           Creditor
           shall
           be
           received
           to
           take
           his
           part
           if
           he
           come
           in
           within
           4
           months
           after
           the
           Commission
           sued
           forth
           ,
           and
           pay
           his
           part
           of
           the
           charge
           :
           otherwise
           the
           Commissioners
           may
           proceed
           to
           distribution
           .
        
         
           16.
           
           If
           a
           Bankrupt
           grant
           his
           lands
           or
           goods
           ,
           or
           transferr
           his
           debt
           into
           other
           mens
           names
           ,
           except
           to
           his
           children
           upon
           marriage
           ,
           they
           being
           of
           age
           to
           consent
           ,
           or
           upon
           valuable
           consideration
           ,
           the
           Commissioners
           may
           notwithstanding
           sell
           them
           ,
           and
           such
           Sail
           shall
           be
           good
           .
        
         
           17.
           
           If
           upon
           warning
           in
           writing
           left
           3
           times
           at
           the
           most
           usual
           place
           where
           he
           dwelt
           within
           one
           year
           before
           he
           became
           Bankrupt
           ,
           he
           appear
           not
           before
           the
           Commissioners
           ,
           they
           may
           cause
           him
           to
           be
           proclaimed
           at
           some
           publique
           place
           or
           places
           ,
           and
           if
           upon
           5
           such
           proclamations
           he
           yield
           not
           himself
           ,
           they
           shall
           by
           warrant
           cause
           
           him
           to
           be
           brought
           before
           them
           to
           be
           examined
           concerning
           his
           Estate
           .
        
         
           18.
           
           If
           the
           Bankrupt
           shall
           refuse
           to
           be
           examined
           ,
           the
           Commissioners
           shall
           commit
           him
           until
           he
           conform
           ;
           or
           if
           being
           informed
           he
           commit
           perjury
           to
           the
           prejudice
           of
           the
           Creditors
           to
           the
           value
           of
           10l
           .
           or
           more
           ,
           he
           shall
           be
           indicted
           for
           the
           same
           ,
           and
           after
           conviction
           stand
           upon
           the
           pillory
           ,
           and
           have
           one
           of
           his
           ears
           nailed
           thereto
           and
           cut
           off
           .
        
         
           19.
           
           If
           any
           person
           be
           known
           or
           suspected
           to
           detain
           any
           of
           the
           Bankrupts
           Estate
           ,
           and
           do
           not
           appear
           or
           send
           some
           lawfull
           Excuse
           at
           the
           next
           meeting
           after
           warning
           given
           him
           ,
           or
           appearing
           refuseth
           to
           be
           examined
           upon
           Oath
           ,
           the
           Commissioners
           by
           warrant
           shall
           cause
           him
           to
           be
           arrested
           ,
           and
           if
           he
           still
           refuse
           ,
           shall
           commit
           him
           until
           he
           do
           submit
           .
        
         
           20.
           
           The
           Witnesses
           shall
           have
           convenient
           charges
           allowed
           them
           ratably
           by
           the
           Creditors
           ,
           and
           such
           of
           them
           as
           shall
           be
           perjured
           ,
           and
           their
           procurers
           shall
           be
           indited
           upon
           the
           Stat
           ’
           5
           El.
           9.
           
        
         
           21.
           
           The
           forfeitures
           of
           this
           Act
           shall
           be
           recovered
           by
           the
           creditors
           ,
           and
           (
           the
           costs
           of
           suit
           deducted
           )
           shall
           be
           ratably
           divided
           amongst
           them
           .
        
         
           22.
           
           The
           Commissioners
           have
           power
           to
           
           Assign
           the
           Bankrupts
           debts
           to
           the
           Creditors
           ,
           and
           by
           such
           assignement
           they
           shall
           be
           recoverable
           as
           their
           proper
           debts
           .
        
         
           23.
           
           No
           debtor
           shall
           be
           prejudiced
           by
           the
           payment
           of
           his
           debt
           to
           the
           Bankrupt
           ,
           hefore
           he
           have
           notice
           that
           he
           is
           Bankrupt
           .
        
         
           24.
           
           The
           Commissioners
           shall
           make
           such
           accompt
           to
           the
           Bankrupt
           ,
           and
           likewise
           pay
           him
           such
           overplus
           ,
           as
           by
           13
           E●iz
           .
           7.
           is
           ordained
           ,
           and
           the
           Creditors
           being
           all
           satisfied
           the
           bankrupt
           may
           recover
           the
           remaining
           debts
           .
        
         
           25.
           
           If
           any
           of
           the
           Commissioners
           or
           other
           person
           imployed
           by
           them
           be
           sued
           for
           any
           act
           done
           by
           force
           of
           the
           Commission
           ,
           the
           Defend
           ’
           may
           plead
           not
           guilty
           ,
           or
           Justifie
           ,
           and
           the
           whole
           matter
           shall
           be
           brought
           in
           Evidence
           according
           to
           the
           very
           truth
           thereof
           ,
           and
           if
           the
           verdict
           pass
           for
           the
           Defend
           ’
           he
           shall
           have
           his
           costs
           .
        
         
           26.
           
           The
           Commissioners
           shall
           proceed
           to
           Execution
           notwithstanding
           the
           death
           of
           the
           Bankrupt
           .
        
         
           27.
           
           All
           laws
           made
           against
           Bankrupts
           
           shall
           be
           construed
           beneficially
           for
           the
           Creditors
           .
        
         
           28.
           
           Persons
           of
           Trade
           and
           Scriveners
           that
           procure
           protection
           except
           of
           Parliament
           ,
           
           and
           all
           such
           as
           by
           exhibiting
           petitions
           endeavour
           to
           compel
           their
           Creditors
           to
           take
           less
           than
           their
           due
           debts
           ,
           or
           to
           gain
           time
           for
           the
           payment
           thereof
           ,
           or
           being
           indebted
           in
           100
           l.
           or
           more
           shall
           not
           satisfie
           the
           same
           within
           6
           months
           after
           the
           same
           grows
           due
           ,
           and
           the
           Debtor
           arrested
           ,
           or
           within
           6
           months
           after
           the
           original
           writ
           sued
           out
           and
           notice
           given
           thereof
           in
           writing
           at
           the
           place
           of
           his
           abode
           ,
           or
           after
           arrest
           escape
           out
           of
           prison
           ,
           or
           procure
           enlargement
           by
           putting
           in
           common
           bayle
           ,
           shall
           be
           adjudged
           Bankrupt
           ,
           and
           in
           case
           of
           arrest
           from
           the
           time
           of
           the
           arrest
           .
        
         
           29.
           
           Commissions
           and
           other
           proceedings
           provided
           by
           13
           El.
           7.
           and
           1
           Jac.
           15.
           shall
           also
           be
           pursued
           against
           him
           that
           by
           this
           act
           is
           prescribed
           to
           be
           a
           Bankrupt
           ,
           and
           proceedings
           provided
           by
           this
           act
           shall
           be
           pursued
           against
           him
           that
           is
           described
           in
           the
           other
           2.
           
        
         
           30.
           
           The
           Bankrupts
           wife
           shall
           also
           be
           examined
           upon
           oath
           ,
           and
           if
           she
           appear
           not
           or
           refuse
           to
           be
           examined
           ,
           she
           shall
           incurr
           the
           punishment
           inflicted
           by
           the
           former
           lawes
           ,
           in
           like
           cases
           .
        
         
           31.
           
           The
           Bankrupt
           that
           fraudulently
           concealeth
           his
           goods
           ,
           or
           tendreth
           not
           some
           just
           reason
           why
           he
           became
           Bankrupt
           ,
           
           shall
           after
           conviction
           be
           set
           in
           the
           pillory
           and
           lose
           one
           of
           his
           ears
           .
        
         
           32.
           
           The
           Commissioners
           may
           by
           themselves
           or
           others
           break
           open
           the
           Bankrupts
           house
           or
           chests
           &c.
           where
           his
           Estate
           is
           ,
           or
           is
           reputed
           to
           be
           ,
           and
           then
           seise
           and
           order
           his
           body
           or
           Estate
           ,
           as
           by
           the
           former
           laws
           is
           ordained
           .
        
         
           33.
           
           In
           the
           Distribution
           of
           the
           Bankrupts
           Estate
           ,
           no
           more
           respect
           shall
           be
           had
           unto
           debts
           upon
           Judgment
           ,
           Recognizances
           ,
           specialties
           with
           penalties
           or
           the
           like
           ,
           than
           to
           other
           debts
           .
        
         
           34.
           
           The
           Commissioners
           may
           proceed
           when
           the
           Bankrupt
           by
           fraud
           makes
           himself
           accomptant
           to
           the
           King.
           
        
         
           35.
           
           Another
           mans
           goods
           in
           the
           Bankrupts
           possession
           shall
           be
           also
           distributed
           by
           the
           Commissioners
           as
           the
           Bankrupts
           own
           goods
           .
        
         
           36.
           
           The
           Commissioners
           grant
           of
           the
           Bankrupts
           entailed
           Estate
           shall
           be
           good
           ,
           except
           when
           the
           reversion
           or
           remainder
           is
           in
           the
           King.
           
        
         
           37.
           
           No
           Purchaser
           shall
           be
           impeached
           by
           this
           or
           the
           former
           act
           ,
           unless
           the
           Commission
           be
           sued
           forth
           within
           5
           years
           after
           he
           becomes
           bankrupt
           .
        
         
           38.
           
           This
           act
           ,
           as
           also
           all
           the
           former
           ,
           shall
           
           extend
           to
           Strangers
           ,
           (
           both
           Aliens
           and
           Denizens
           )
           as
           well
           as
           to
           subjects
           born
           ,
           as
           well
           to
           be
           relieved
           as
           also
           to
           be
           subject
           to
           the
           penalty
           thereof
           .
        
         
           39.
           
           Whereas
           divers
           Noblemen
           ,
           and
           
           Gentlemen
           ,
           not
           brought
           up
           in
           trade
           ,
           have
           notwithstanding
           put
           great
           stocks
           into
           the
           East
           India
           and
           Guiny
           company
           ,
           it
           is
           declared
           that
           no
           person
           adventurer
           for
           putting
           in
           mony
           or
           Merchandize
           into
           the
           said
           Companies
           ,
           or
           for
           adventuring
           or
           managing
           the
           fishing
           ,
           called
           the
           royal
           fishing
           Trade
           ,
           shall
           be
           taken
           or
           reputed
           a
           merchant
           or
           trader
           within
           any
           stat
           ’
           for
           Bankrupt
           ,
           or
           be
           lyable
           to
           the
           same
           .
        
         
           40.
           
           Provided
           ,
           that
           persons
           Trading
           or
           trafficking
           in
           any
           other
           manner
           ,
           than
           in
           the
           said
           companies
           or
           fishing
           ,
           shall
           be
           lyable
           to
           the
           Commission
           of
           Bankrupts
           .
        
      
       
         
           Baron
           and
           Femme
           .
        
         
           ALL
           marriages
           shall
           be
           adjudged
           
           Lawful
           ,
           that
           are
           not
           prohibited
           by
           Gods
           Law.
           
        
      
       
         
           Brief
           .
        
         
           1.
           
           IN
           Original
           Writs
           ,
           where
           Exigent
           
           shall
           be
           awarded
           ,
           Addition
           of
           the
           
           Defendants
           condition
           and
           dwelling
           shall
           be
           inserted
           .
        
         
           2.
           
           Outlawries
           otherwise
           prosecuted
           shall
           be
           void
           .
        
         
           3.
           
           Surplusage
           of
           Additions
           shall
           not
           prejudice
           ,
           albeit
           the
           writ
           do
           therein
           vary
           from
           the
           Records
           and
           Deeds
           .
        
         
           4.
           
           The
           Clerks
           of
           the
           Chancery
           shall
           not
           omit
           such
           additions
           ,
           in
           pain
           to
           be
           fined
           at
           the
           discretion
           of
           the
           Chancellor
           .
        
         
           5.
           
           Original
           Writs
           may
           be
           sued
           upon
           
           personal
           actions
           against
           Prisoners
           in
           the
           Fleet
           ,
           and
           an
           
             Habeas
             Corpus
          
           granted
           to
           bring
           them
           to
           the
           Bar
           ,
           to
           answer
           any
           suit
           or
           declaration
           :
           being
           put
           in
           ,
           and
           the
           defendant
           not
           appearing
           ,
           Judgement
           may
           be
           entred
           by
           
             nihil
             dicit
          
           ,
           and
           the
           Prisoner
           charged
           in
           Execution
           upon
           notice
           hereof
           to
           the
           Warden
           of
           the
           Fleet
           by
           rule
           of
           Court.
           
        
         
           6.
           
           In
           Actions
           of
           debt
           ,
           and
           other
           personal
           actions
           ,
           and
           
             Ejectione
             firmae
          
           in
           any
           of
           the
           said
           Courts
           ,
           after
           Issue
           joined
           to
           be
           tried
           by
           the
           Jury
           ,
           and
           after
           Judgement
           obtained
           ,
           there
           shall
           not
           need
           to
           be
           fifteen
           dayes
           between
           the
           Teste
           and
           return
           of
           any
           
             venire
             fac
             ’
             ,
             Hab
             ’
             corpora
             jurator
             ’
             ,
             Distringas
             ,
             Fieri
             fac
             ’
          
           or
           
             Cap
             ’
             ad
             satisfac
             ’
          
           ,
           and
           the
           want
           of
           it
           shall
           be
           no
           error
           .
        
         
         
           7.
           
           Provided
           this
           extend
           not
           to
           Writs
           of
           
             Cap
             ’
             ad
             satisfac
             ’
          
           ,
           where
           any
           exigent
           after
           Judgement
           is
           to
           be
           awarded
           ,
           nor
           to
           any
           
             Cap
             ’
             ad
             satisfac
             ’
          
           ,
           in
           order
           to
           make
           any
           bail
           triable
           .
        
      
       
         
           Certiorari
           .
        
         
           CErtioraries
           shall
           not
           be
           allowed
           
           unless
           the
           Indicted
           will
           become
           bound
           with
           sufficient
           sureties
           (
           such
           as
           the
           Justices
           of
           Peace
           in
           Sess
           ’
           shall
           like
           of
           )
           to
           pay
           to
           the
           prosecutor
           within
           one
           month
           after
           conviction
           such
           costs
           and
           damages
           as
           the
           said
           Justices
           shall
           assess
           .
        
      
       
         
           Conditions
           .
        
         
           1.
           
           GRantees
           of
           Reversions
           may
           take
           
           advantage
           of
           conditions
           and
           covenants
           against
           Lessees
           of
           the
           same
           Lands
           ,
           as
           fully
           as
           the
           Lessors
           ,
           their
           heirs
           or
           successors
           might
           have
           done
           .
        
         
           2.
           
           Lessees
           may
           also
           have
           the
           like
           remedy
           against
           the
           grantees
           of
           Reversions
           ,
           which
           they
           might
           have
           had
           against
           their
           Lessors
           or
           Grantors
           ,
           their
           heirs
           or
           successors
           ;
           all
           advantage
           of
           recoveries
           in
           value
           ,
           by
           reason
           of
           any
           Warranty
           in
           deed
           or
           
           Law
           by
           voucher
           or
           otherwise
           ,
           only
           excepted
           .
        
      
       
         
           Costs
           .
        
         
           1.
           
           THere
           shall
           be
           no
           costs
           awarded
           to
           
           the
           Defendant
           ,
           when
           any
           Action
           is
           sued
           to
           the
           Kings
           use
           .
        
         
           2.
           
           In
           personal
           Actions
           in
           the
           Courts
           at
           
           Westminster
           (
           being
           not
           for
           land
           or
           battery
           )
           when
           it
           shall
           appear
           to
           the
           Judges
           (
           and
           so
           by
           them
           signified
           )
           that
           the
           debt
           or
           damage
           to
           be
           recovered
           amount
           not
           to
           the
           summe
           of
           40
           s
           ,
           or
           above
           ,
           the
           said
           Judges
           shall
           award
           to
           the
           plaintiff
           no
           more
           costs
           than
           damages
           .
        
         
           3.
           
           If
           the
           defendant
           or
           plaintiff
           be
           non-suit
           ,
           
           or
           overthrown
           by
           lawful
           trial
           in
           any
           action
           whatsoever
           ,
           the
           tenant
           or
           defendant
           shall
           have
           costs
           to
           be
           assessed
           and
           levied
           by
           the
           23
           H.
           8.
           c.
           15.
           
        
         
           4.
           
           If
           any
           person
           sue
           a
           writ
           of
           Error
           to
           
           reverse
           a
           Judgement
           after
           verdict
           ,
           and
           the
           said
           Judgement
           is
           afterwards
           affirm'd
           ,
           he
           shall
           pay
           to
           the
           defendant
           in
           the
           Writ
           of
           Error
           double
           Costs
           ,
           to
           be
           assessed
           by
           the
           Court
           where
           such
           Writ
           of
           Error
           shall
           be
           depending
           .
        
         
           5.
           
           In
           all
           actions
           of
           Trespass
           ,
           Assault
           and
           
           
           Battery
           ,
           and
           other
           personal
           actions
           ,
           wherein
           the
           Judge
           at
           the
           trial
           of
           the
           cause
           shall
           not
           find
           and
           certifie
           under
           his
           hand
           upon
           the
           back
           of
           the
           Record
           ,
           that
           an
           Assault
           and
           Battery
           was
           sufficiently
           proved
           ,
           or
           that
           the
           freehold
           or
           title
           of
           the
           Land
           was
           chiesly
           in
           question
           ,
           the
           plaintiff
           shall
           have
           no
           more
           costs
           than
           damages
           ,
           in
           cases
           the
           Jury
           find
           damages
           under
           40
           s.
           
        
      
       
         
           Continuance
           .
           Discontinuance
           .
        
         
           1.
           
           THe
           death
           of
           the
           King
           shall
           not
           discontinue
           
           any
           suit
           betwixt
           party
           and
           party
           ;
           neither
           shall
           the
           variance
           between
           the
           Original
           and
           Judicial
           process
           in
           respect
           of
           the
           Kings
           name
           ●e
           material
           ,
           as
           concerning
           any
           fault
           to
           be
           alledged
           therefore
           .
        
         
           2.
           
           Assises
           of
           
             Novel
             disseisin
          
           ,
           Mortdancestor
           ,
           Juris
           u●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
           ma●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
           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
             Excommunicato
             capiendo
          
           
           shall
           be
           made
           in
           Term
           time
           ,
           and
           returnable
           in
           the
           Kings
           Bench
           the
           next
           day
           after
           the
           Teste
           thereof
           ,
           having
           20
           dayes
           betwixt
           the
           Teste
           and
           return
           .
        
         
           2.
           
           After
           the
           Writ
           shall
           be
           sealed
           ,
           it
           shall
           be
           forthwith
           brought
           into
           the
           Kings
           Bench
           ,
           and
           there
           opened
           ,
           and
           delivered
           of
           record
           to
           the
           Sheriff
           or
           other
           Officer
           ,
           or
           other
           Deputies
           to
           whom
           the
           Execution
           thereof
           appertains
           ,
           and
           then
           if
           the
           Sheriff
           or
           other
           Officer
           do
           not
           duly
           execute
           it
           ,
           the
           Justices
           shall
           amerce
           him
           at
           their
           discretion
           ,
           and
           estreat
           the
           amercement
           into
           the
           Exchequer
           .
        
         
           3.
           
           At
           the
           return
           of
           the
           Writ
           ,
           the
           Sheriff
           or
           other
           Officer
           ,
           &c.
           shall
           not
           be
           compelled
           
           to
           bring
           the
           party
           arrested
           into
           the
           Kings
           Bench
           ,
           but
           only
           return
           the
           Writ
           with
           a
           short
           Declaration
           how
           it
           was
           executed
           ,
           to
           the
           end
           the
           Justices
           may
           proceed
           therein
           according
           to
           the
           tenor
           of
           this
           act
           .
        
         
           4.
           
           If
           the
           Sheriff
           ,
           or
           &c.
           return
           a
           
             non
             est
             inventus
          
           ,
           then
           shall
           issue
           out
           of
           the
           Kings
           Bench
           a
           Capias
           returnable
           in
           term
           time
           two
           months
           (
           at
           least
           )
           after
           the
           teste
           thereof
           ,
           with
           a
           Proclamation
           to
           be
           made
           10
           dayes
           (
           at
           least
           )
           before
           the
           return
           in
           the
           County
           Court
           ,
           Assise
           ,
           Gaol-delivery
           ,
           or
           Sessions
           ,
           that
           the
           party
           shall
           within
           6
           dayes
           after
           such
           Proclamation
           yield
           his
           body
           to
           the
           Gaol
           ,
           and
           there
           remain
           as
           a
           Prisoner
           ,
           in
           pain
           of
           10
           l.
           and
           what
           shall
           be
           done
           therein
           ,
           and
           thereupon
           shall
           be
           returned
           by
           the
           Sheriff
           ,
           or
           &c.
           
        
         
           5.
           
           If
           upon
           the
           return
           it
           appear
           that
           the
           party
           hath
           not
           rendred
           himself
           prisoner
           upon
           the
           first
           Capias
           ,
           he
           shall
           forfeit
           10
           l.
           more
           to
           be
           estreated
           as
           aforesaid
           ,
           and
           then
           a
           second
           Capias
           shall
           be
           awarded
           against
           him
           with
           a
           pain
           to
           forfeit
           20
           l.
           to
           be
           estreated
           by
           the
           Justices
           as
           aforesaid
           ,
           and
           then
           a
           third
           Capias
           shall
           be
           awarded
           with
           like
           Proclamation
           and
           pain
           ,
           and
           then
           a
           fourth
           ,
           and
           so
           infinitely
           ,
           until
           he
           render
           
           himself
           prisoner
           ,
           upon
           the
           several
           returns
           whereof
           he
           shall
           forfeit
           20
           l.
           to
           be
           estreated
           as
           aforesaid
           .
        
         
           6.
           
           The
           party
           yielding
           his
           body
           shall
           be
           committed
           to
           prison
           in
           like
           sort
           as
           is
           he
           had
           been
           taken
           upon
           the
           
             Excom
             .
             Cap.
          
           
        
         
           7.
           
           If
           the
           Sheriff
           ,
           &c.
           make
           a
           false
           return
           upon
           any
           of
           the
           said
           Writs
           ,
           he
           shall
           forfeit
           to
           the
           party
           grieved
           40
           l.
           
        
         
           8.
           
           The
           Bishops
           Authority
           to
           receive
           submission
           ,
           and
           deliver
           the
           Excommunicate
           is
           saved
           according
           to
           the
           former
           usuage
           ,
           viz.
           by
           a
           certificate
           thereof
           from
           the
           Bailiff
           into
           the
           Chancery
           ,
           and
           then
           a
           Writ
           from
           thence
           to
           deliver
           the
           Prisoner
           .
        
         
           9.
           
           In
           Wales
           ,
           the
           Counties
           Palatine
           of
           
             Lancaster
             ,
             Chester
          
           ,
           and
           Durham
           ,
           and
           Ely
           ,
           (
           the
           Cinque
           Ports
           being
           Jurisdictions
           exempt
           ,
           where
           the
           Queens
           Writ
           runneth
           not
           )
           a
           Significavit
           (
           being
           of
           Record
           in
           Chancery
           )
           shall
           be
           sent
           by
           Mittimus
           to
           the
           Justices
           or
           head
           Officers
           there
           ,
           who
           shall
           then
           proceed
           against
           the
           Excommunicate
           as
           the
           Kings
           Bench
           is
           above
           directed
           .
        
         
           10.
           
           If
           in
           the
           
             Excom
             .
             Cap.
          
           the
           Excommunicate
           have
           not
           a
           sufficient
           addition
           according
           to
           the
           Statute
           1
           H
           5.
           5.
           or
           if
           in
           the
           Significavit
           it
           be
           not
           contained
           
           that
           the
           Excommunication
           proceeds
           upon
           some
           cause
           or
           contempt
           of
           some
           original
           matter
           of
           Heresie
           ,
           refusing
           to
           have
           his
           child
           baptised
           ,
           refusing
           to
           receive
           the
           Sacrament
           ,
           to
           come
           to
           Divine
           Service
           ,
           or
           Errors
           in
           matters
           of
           Religion
           or
           Doctrine
           ,
           Incontinency
           ,
           Usury
           ,
           Symony
           ,
           Perjury
           in
           the
           Ecclesiastical
           Court
           ,
           or
           Idolatry
           ,
           he
           shall
           not
           incurr
           the
           penalties
           aforesaid
           .
        
         
           11.
           
           If
           the
           Addition
           be
           with
           a
           nuper
           of
           such
           a
           place
           ,
           the
           first
           Capias
           and
           Proclamation
           shall
           issue
           forth
           without
           any
           penalty
           :
           and
           in
           such
           case
           also
           if
           the
           party
           be
           proclaimed
           in
           a
           County
           where
           he
           is
           not
           for
           the
           most
           part
           resiant
           ,
           he
           shall
           not
           incurr
           the
           penalties
           aforesaid
           .
        
         
           12.
           
           Persons
           in
           Prison
           under
           age
           ,
           
             non
             sane
             memory
          
           ,
           shall
           not
           incur
           the
           penalties
           aforesaid
           .
        
      
       
         
           Execution
           .
        
         
           1.
           
           IF
           Lands
           delivered
           in
           Execution
           on
           
           just
           cause
           be
           recovered
           without
           sraud
           from
           the
           tenant
           in
           Execution
           before
           he
           shall
           have
           levied
           his
           whole
           debt
           and
           damages
           ,
           he
           may
           have
           a
           
             scire
             fac
             ’
          
           out
           of
           the
           Court
           from
           whence
           he
           had
           his
           Execution
           ,
           
           returnable
           into
           the
           same
           Court
           at
           a
           day
           40
           dayes
           at
           least
           after
           the
           date
           of
           such
           
             scire
             fac
             ’
          
           ;
           At
           which
           day
           if
           the
           Defendant
           being
           lawfully
           warned
           make
           default
           ,
           or
           do
           appear
           and
           not
           plead
           a
           sufficient
           cause
           other
           than
           the
           former
           acceptance
           of
           the
           Lands
           ,
           to
           avoid
           the
           said
           suit
           for
           the
           residue
           of
           the
           said
           debt
           and
           damages
           ,
           the
           said
           Court
           shall
           award
           a
           new
           writ
           of
           Execution
           for
           the
           levying
           thereof
           .
        
         
           2.
           
           No
           Execution
           shall
           be
           stayed
           upon
           
           any
           Writ
           of
           Error
           or
           Supersedeas
           thereupon
           for
           the
           reversing
           of
           a
           Judgement
           in
           any
           Action
           of
           debt
           ,
           or
           upon
           any
           contract
           in
           the
           Courts
           at
           Westminster
           ,
           of
           the
           Counties
           Palatine
           of
           Lancaster
           ,
           or
           Chester
           ,
           or
           of
           the
           great
           Sessions
           in
           Wales
           ,
           unless
           the
           Plaintift
           with
           two
           sufficient
           sureties
           (
           such
           as
           the
           Court
           shall
           like
           of
           )
           shall
           first
           be
           bound
           to
           the
           party
           (
           for
           whom
           such
           judgement
           is
           given
           )
           by
           Recognizance
           in
           the
           same
           Court
           ,
           in
           double
           the
           summe
           adjudged
           ,
           to
           prosecute
           the
           said
           Writ
           of
           Error
           with
           effect
           ,
           and
           to
           pay
           ,
           if
           the
           judgement
           be
           affirmed
           ,
           all
           debts
           ,
           damages
           and
           costs
           so
           adjudged
           ,
           and
           all
           costs
           and
           damages
           for
           delaying
           the
           Execution
           by
           the
           Writ
           of
           Error
           .
        
         
           3.
           
           The
           parties
           or
           party
           at
           whose
           suit
           
           
           any
           person
           shall
           stand
           charged
           in
           Execution
           for
           debt
           or
           damages
           recovered
           ,
           their
           Executors
           ,
           Administrators
           ,
           may
           after
           the
           death
           of
           the
           person
           so
           charged
           in
           Execution
           lawfully
           sue
           forth
           new
           Execution
           against
           the
           Lands
           and
           Tenements
           ,
           Goods
           and
           Chattels
           of
           the
           person
           deceased
           ,
           in
           like
           manner
           as
           if
           the
           person
           deceased
           had
           never
           been
           taken
           in
           Execution
           :
           Howbeit
           this
           act
           shall
           not
           extend
           to
           Lands
           sold
           
             lona
             fide
          
           after
           the
           Judgement
           given
           ,
           when
           the
           money
           raised
           thereupon
           is
           paid
           ,
           or
           secured
           to
           be
           paid
           to
           Creditors
           in
           discharge
           of
           due
           debts
           .
        
         
           4.
           
           For
           further
           remedy
           against
           the
           staying
           of
           Execution
           after
           Judgement
           in
           part
           provided
           against
           by
           the
           Stat
           ’
           3
           
             Jac.
             c.
          
           8.
           no
           Execution
           shall
           be
           stayed
           in
           any
           of
           the
           said
           Courts
           by
           Writ
           of
           Error
           or
           Supersedeas
           after
           Verdict
           and
           Judgement
           ,
           in
           Action
           of
           debt
           upon
           the
           Stat
           ’
           of
           2
           E.
           6.
           for
           Tythes
           ,
           promise
           for
           payment
           of
           money
           ,
           Trover
           ,
           Covenant
           ,
           Detinue
           ,
           or
           Trespass
           ,
           unless
           such
           Recognisance
           in
           the
           same
           Court
           be
           first
           entred
           as
           directed
           by
           the
           said
           Statute
           ,
           and
           if
           such
           Judgement
           be
           affirmed
           ,
           the
           party
           presenting
           such
           Writ
           of
           Error
           to
           pay
           double
           costs
           for
           such
           delay
           .
        
         
         
           5.
           
           Proviso
           this
           Act
           shall
           not
           extend
           to
           any
           popular
           action
           ,
           except
           2
           E.
           6.
           nor
           to
           any
           Indictment
           ,
           Information
           ,
           Inquisition
           ,
           or
           Appeal
           .
        
         
           6.
           
           When
           any
           Judgement
           ,
           Statute
           ,
           or
           
           Recognizance
           shall
           be
           extended
           ,
           it
           shall
           not
           be
           avoided
           or
           delayed
           by
           occasion
           of
           omission
           of
           any
           part
           of
           the
           Lands
           or
           Tenements
           extendible
           ,
           saving
           always
           the
           remedy
           of
           Contribution
           against
           such
           person
           whose
           Lands
           be
           or
           shall
           be
           extended
           out
           of
           such
           extent
           for
           time
           to
           come
           .
        
         
           7.
           
           This
           Act
           gives
           no
           extent
           or
           contribution
           against
           any
           Heir
           within
           the
           age
           of
           21
           years
           ,
           during
           such
           minority
           ,
           further
           than
           might
           have
           been
           before
           this
           Act.
           
        
         
           8.
           
           Provided
           this
           Act
           extend
           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
           the
           common
           Law
           have
           the
           same
           force
           they
           had
           before
           ;
           and
           a
           fine
           may
           be
           levied
           according
           to
           this
           Statute
           or
           the
           common
           law
           ,
           at
           the
           Election
           of
           the
           parties
           .
        
         
           8.
           
           Every
           Fine
           after
           the
           engrossing
           shall
           be
           
           proclaimed
           in
           the
           Court
           the
           same
           Term
           ,
           and
           the
           3
           next
           ,
           four
           several
           days
           in
           every
           Term
           ,
           and
           in
           the
           mean
           time
           all
           pleas
           shall
           cease
           .
        
         
           9.
           
           The
           Proclamations
           being
           so
           made
           ,
           the
           fine
           shall
           conclude
           all
           persons
           both
           privyes
           and
           strangers
           ,
           except
           persons
           under
           
           age
           ,
           covert
           ,
           out
           of
           the
           Realm
           ,
           or
           not
           of
           
             Sane
             memory
          
           ,
           being
           not
           parties
           nor
           privyes
           to
           the
           fine
           .
        
         
           10.
           
           The
           right
           and
           interest
           that
           any
           person
           or
           persons
           ,
           (
           other
           than
           parties
           )
           hath
           ,
           or
           have
           at
           the
           time
           of
           the
           fine
           engrossed
           ,
           is
           saved
           ,
           so
           that
           they
           or
           their
           heirs
           ,
           pursue
           such
           their
           right
           or
           interest
           by
           action
           or
           lawful
           entry
           within
           5
           years
           after
           the
           proclamation
           so
           made
           :
           so
           also
           is
           the
           right
           and
           interest
           saved
           ,
           which
           accrues
           after
           the
           ingrossing
           of
           the
           fine
           ,
           so
           that
           the
           parties
           having
           the
           same
           ,
           pursue
           it
           within
           5
           years
           after
           it
           so
           accrues
           ;
           and
           in
           this
           case
           the
           action
           may
           be
           brought
           against
           the
           pernor
           of
           the
           profits
           .
        
         
           11.
           
           If
           at
           the
           time
           of
           the
           fine
           ingrossed
           ,
           or
           of
           such
           accruer
           as
           aforesaid
           ,
           the
           persons
           be
           Covert
           ,
           (
           and
           no
           parties
           to
           the
           fine
           )
           under
           age
           ,
           in
           prison
           ,
           out
           of
           the
           Realm
           ,
           or
           of
           
             non
             sane
             memory
          
           ,
           they
           or
           their
           heirs
           have
           time
           to
           pursue
           their
           actions
           within
           5
           years
           after
           such
           imperfection
           removed
           .
        
         
           12.
           
           The
           exception
           ,
           that
           none
           of
           the
           parties
           ,
           nor
           any
           to
           their
           use
           had
           any
           thing
           in
           the
           lands
           at
           the
           time
           of
           the
           fine
           levied
           ,
           this
           way
           or
           at
           the
           common
           law
           ,
           at
           the
           pleasure
           of
           the
           parties
           .
        
         
         
           13.
           
           Fines
           at
           the
           Common
           Law
           have
           the
           same
           force
           they
           had
           before
           the
           making
           of
           this
           Act
           ,
           and
           a
           fine
           may
           be
           levied
           this
           way
           ,
           or
           at
           the
           Common
           Law
           ,
           at
           the
           pleasure
           of
           the
           parties
           .
        
         
           14.
           
           All
           Fines
           levied
           by
           any
           person
           or
           
           persons
           of
           full
           age
           ,
           of
           Lands
           intailed
           before
           the
           same
           Fine
           ,
           to
           themselves
           or
           to
           any
           of
           their
           Ancestors
           in
           Possession
           ,
           Reversion
           ,
           Remainder
           ,
           or
           Use
           ,
           shall
           immediatly
           after
           the
           Fine
           ingrossed
           and
           Proclamations
           made
           ,
           be
           a
           sufficient
           barre
           against
           them
           and
           their
           Heirs
           ,
           claiming
           only
           by
           such
           intail
           ,
           and
           against
           all
           other
           claiming
           only
           to
           their
           use
           ,
           or
           to
           the
           use
           of
           any
           heir
           of
           their
           bodies
           .
        
         
           15.
           
           Howbeit
           this
           Act
           shall
           not
           barre
           the
           interest
           of
           any
           persons
           accrued
           ,
           by
           reason
           of
           any
           Fine
           levied
           by
           a
           woman
           ,
           after
           her
           Husbands
           death
           ,
           contrary
           to
           the
           Statute
           of
           11
           H.
           7.
           20.
           
        
         
           16.
           
           A
           Fine
           levied
           by
           him
           who
           is
           restrained
           by
           any
           express
           Act
           of
           Parliament
           so
           to
           do
           ,
           shall
           be
           void
           ,
           notwithstanding
           this
           Act.
           
        
         
           17.
           
           This
           Act
           shall
           not
           extend
           to
           any
           Fine
           heretofore
           levied
           of
           Lands
           now
           in
           suit
           ,
           or
           heretofore
           lawfully
           recovered
           in
           any
           Court
           by
           Judgement
           ,
           or
           otherwise
           :
           
           Nor
           to
           any
           Fine
           of
           Lands
           intailed
           by
           the
           Kings
           Letters
           Patents
           ,
           or
           any
           Act
           of
           Parliament
           ,
           the
           reversion
           thereof
           at
           the
           time
           of
           such
           Fine
           levied
           being
           in
           the
           King.
           
        
      
       
         
           Fraud
           .
        
         
           1.
           
           ALL
           fraudulent
           conveyances
           of
           
           Lands
           ,
           Tenements
           ,
           Hereditaments
           ,
           Goods
           or
           Chattels
           ,
           and
           all
           such
           Bonds
           ,
           Suits
           ,
           Judgements
           ,
           and
           Executions
           ,
           made
           to
           avoid
           the
           debt
           or
           duty
           of
           others
           ,
           shall
           (
           as
           against
           the
           party
           only
           ,
           whose
           debt
           or
           duty
           is
           so
           endeavoured
           to
           be
           avoided
           ,
           their
           Heirs
           ,
           Successors
           ,
           Executors
           or
           Assigues
           )
           be
           utterly
           void
           ;
           any
           pretence
           ,
           feigned
           consideration
           ,
           or
           &c.
           notwithstanding
           .
        
         
           2.
           
           Every
           of
           the
           parties
           to
           such
           a
           fraudulent
           conveiance
           ,
           Bond
           ,
           Suit
           ,
           Judgement
           ,
           or
           Execution
           ,
           who
           being
           privy
           thereunto
           shall
           wittingly
           justifie
           the
           same
           to
           be
           done
           
             bona
             fide
          
           ,
           and
           upon
           good
           consideration
           ,
           or
           shall
           alien
           or
           assign
           any
           Lands
           ,
           Lease
           ,
           or
           Goods
           ,
           so
           to
           them
           conveyed
           as
           aforesaid
           ,
           shall
           forfeit
           one
           years
           value
           of
           the
           Lands
           ,
           Lease
           ,
           Rent
           ,
           Common
           ,
           or
           other
           profit
           out
           of
           the
           same
           ,
           and
           the
           whole
           value
           of
           the
           goods
           ,
           and
           also
           so
           
           much
           money
           as
           shall
           be
           contained
           in
           such
           covenous
           Bond
           ;
           and
           being
           thereof
           convicted
           ,
           shall
           suffer
           half
           a
           years
           imprisonment
           ,
           without
           bail
           :
           and
           here
           the
           said
           forfeitures
           are
           to
           be
           divided
           betwixt
           the
           Queen
           ,
           and
           the
           party
           grieved
           .
        
         
           3.
           
           Common
           Recoveries
           against
           the
           tenant
           of
           the
           freehold
           ,
           shall
           be
           good
           notwithstanding
           this
           Act
           ;
           and
           so
           shall
           all
           Estates
           made
           for
           procuring
           of
           a
           voucher
           in
           Formedon
           :
           Neither
           shall
           this
           Act
           extend
           to
           grants
           made
           
             bona
             fide
          
           ,
           and
           upon
           good
           consideration
           ,
           to
           persons
           not
           privy
           to
           such
           collusions
           .
        
         
           4.
           
           Every
           Conveyance
           ,
           Grant
           ,
           Charge
           ,
           
           Incumbrance
           ,
           and
           Limitation
           ,
           of
           use
           or
           uses
           ,
           of
           ,
           in
           ,
           or
           out
           of
           any
           Lands
           ,
           or
           other
           Hereditaments
           made
           to
           defraud
           any
           purchaser
           of
           the
           same
           ,
           in
           fee
           ,
           or
           taile
           ,
           for
           life
           ,
           or
           years
           ,
           shall
           (
           as
           against
           such
           purchaser
           only
           ,
           and
           every
           other
           person
           lawfully
           claiming
           from
           ,
           by
           or
           under
           him
           )
           be
           utterly
           void
           ;
           the
           said
           purchaser
           having
           obtained
           the
           same
           for
           money
           ,
           or
           some
           other
           good
           consideration
           .
        
         
           5.
           
           Every
           of
           the
           parties
           to
           such
           fraudulent
           conveyances
           ,
           or
           being
           privy
           thereunto
           ,
           who
           shall
           justifie
           the
           same
           to
           be
           made
           
             bona
             fide
          
           ,
           and
           on
           good
           consideration
           ,
           
           to
           the
           disturbance
           and
           hinderance
           of
           the
           purchasor
           ,
           or
           of
           any
           other
           lawfully
           claiming
           from
           ,
           by
           ,
           or
           under
           him
           ,
           shall
           forfeit
           one
           years
           value
           of
           the
           Lands
           ,
           or
           other
           hereditaments
           so
           purchased
           or
           charged
           ,
           to
           be
           divided
           betwixt
           the
           Queen
           and
           the
           party
           grieved
           ,
           and
           being
           thereof
           convicted
           ,
           shall
           suffer
           half
           a
           years
           imprisonment
           without
           bail
           .
        
         
           6.
           
           Conveyances
           made
           upon
           good
           consideration
           ,
           and
           
             b●na
             fide
          
           ,
           shall
           be
           good
           ,
           notwi●hstanding
           this
           Act.
           
        
         
           7.
           
           If
           Lands
           be
           first
           conveyed
           with
           clause
           ,
           provision
           ,
           or
           condition
           of
           revocation
           ,
           determination
           or
           alteration
           ,
           and
           afterwards
           sold
           or
           charged
           for
           money
           or
           other
           good
           consideration
           ,
           before
           the
           first
           conveyance
           was
           revoked
           ,
           altered
           ,
           or
           made
           void
           ,
           according
           to
           the
           power
           given
           thereby
           ;
           In
           this
           case
           such
           first
           conveyances
           shall
           be
           void
           against
           the
           Vendee
           ,
           and
           all
           others
           lawfully
           claiming
           from
           ,
           by
           ,
           or
           under
           him
           :
           Howbeit
           no
           lawful
           Mortgage
           ,
           made
           
             bona
             side
          
           ,
           without
           fraud
           ,
           shall
           be
           impeached
           by
           his
           Act.
           
        
         
           8.
           
           All
           Statutes
           Merchant
           ,
           and
           of
           the
           Staple
           ,
           shall
           within
           six
           months
           after
           this
           acknowledgement
           be
           entred
           in
           the
           Office
           of
           the
           Clerk
           of
           Recognizances
           ,
           taken
           according
           
           to
           the
           Statute
           of
           23
           H.
           8.
           6.
           and
           the
           Clerk
           there
           (
           upon
           shewing
           the
           same
           )
           shall
           make
           entry
           thereof
           ,
           for
           which
           he
           shall
           have
           8
           d.
           and
           no
           more
           .
        
         
           9.
           
           Every
           such
           Statute
           ,
           which
           is
           not
           within
           four
           months
           after
           the
           acknowledgment
           thereof
           delivered
           to
           be
           entred
           accordingly
           ,
           shall
           be
           void
           against
           the
           purchaser
           of
           the
           Lands
           chargeable
           therewith
           ,
           and
           against
           his
           Heirs
           ,
           Successors
           ,
           Executors
           and
           Assignes
           .
        
         
           10.
           
           The
           said
           Clerk
           shall
           within
           the
           said
           six
           months
           make
           entry
           of
           every
           Statute
           to
           him
           delivered
           ,
           as
           aforesaid
           ,
           and
           shall
           indorse
           thereupon
           the
           day
           and
           year
           of
           such
           his
           entry
           with
           his
           own
           name
           ,
           in
           pain
           to
           forfeit
           for
           every
           Statute
           so
           brought
           unto
           him
           ,
           and
           not
           entred
           as
           aforesaid
           ,
           20
           l.
           to
           be
           devided
           betwixt
           the
           Queen
           ,
           and
           the
           prosecutor
           .
        
         
           11.
           
           The
           Clerk
           shall
           take
           for
           the
           search
           of
           a
           Statute
           but
           2
           d.
           for
           every
           such
           search
           ,
           in
           pain
           to
           forfeit
           to
           the
           party
           grieved
           twenty
           times
           so
           much
           as
           he
           takes
           above
           ,
           to
           be
           recovered
           in
           any
           Court
           of
           Record
           by
           Action
           of
           debt
           ,
           &c.
           
        
         
           12.
           
           Provided
           ,
           that
           this
           Act
           shall
           not
           extend
           to
           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
           present
           Session
           of
           Parliament
           ,
           and
           for
           any
           title
           or
           cause
           hereafter
           accruing
           ,
           within
           20
           years
           after
           such
           title
           or
           cause
           so
           accruing
           :
           otherwise
           such
           title
           shall
           be
           for
           ever
           barred
           ,
           and
           the
           party
           claiming
           utterly
           excluded
           from
           entry
           .
        
         
           10.
           
           None
           now
           having
           any
           right
           or
           title
           of
           
           entry
           into
           any
           Mannors
           ,
           Lands
           ,
           Tenements
           or
           Hereditaments
           ,
           now
           held
           from
           him
           or
           them
           ,
           shall
           thereinto
           enter
           ,
           but
           within
           20
           years
           next
           after
           the
           end
           of
           this
           Session
           of
           Parliament
           ,
           or
           within
           20
           years
           next
           after
           any
           other
           title
           accrued
           ;
           And
           none
           shall
           at
           any
           time
           hereafter
           make
           any
           entrie
           into
           Lands
           ,
           Tenements
           ,
           or
           Hereditaments
           ,
           but
           within
           20
           years
           next
           after
           his
           or
           their
           right
           or
           title
           ,
           which
           shall
           hereafter
           first
           descend
           or
           accrue
           to
           the
           same
           .
        
         
           11.
           
           The
           titles
           of
           any
           Infant
           ,
           Femme
           covert
           ,
           
             non
             compos
             mentis
          
           ,
           one
           imprison'd
           ,
           or
           beyond
           sea
           ,
           are
           saved
           so
           as
           they
           commence
           their
           suit
           within
           10
           years
           after
           such
           imperfections
           removed
           .
        
         
           12.
           
           All
           actions
           upon
           the
           case
           ,
           (
           other
           then
           for
           Slander
           ,
           )
           actions
           for
           accompt
           (
           other
           then
           such
           as
           concern
           Merchandise
           )
           Actions
           of
           Trespasse
           ,
           debt
           ,
           detinue
           ,
           Trover
           ,
           and
           Replevin
           ,
           shall
           be
           commenced
           within
           3
           years
           after
           this
           present
           Session
           of
           Parliament
           ,
           or
           within
           6
           years
           after
           the
           cause
           of
           suit
           ,
           and
           not
           after
           .
        
         
           13.
           
           All
           actions
           of
           Trespass
           ,
           of
           assault
           ,
           Battery
           ,
           wounding
           ,
           and
           imprisonment
           ,
           shall
           be
           commenced
           within
           one
           year
           after
           this
           Sessions
           ,
           or
           within
           4
           years
           after
           the
           cause
           of
           suit
           ,
           and
           not
           after
           .
        
         
         
           14.
           
           All
           actions
           upon
           the
           case
           for
           words
           shall
           be
           commenced
           within
           one
           year
           after
           this
           present
           Session
           ,
           or
           within
           2
           years
           after
           the
           words
           spoken
           ,
           and
           not
           after
           .
        
         
           15.
           
           Provided
           ,
           that
           if
           in
           any
           such
           actions
           Judgment
           be
           given
           for
           the
           plaint
           ’
           ,
           and
           the
           same
           be
           reversed
           by
           Error
           ,
           or
           a
           Verdict
           pass
           for
           him
           ,
           and
           upon
           motion
           in
           arrest
           of
           Judgment
           it
           is
           given
           against
           him
           ,
           or
           if
           the
           defend
           ’
           be
           outlawed
           in
           the
           suit
           ,
           and
           after
           reverse
           the
           Outlawry
           ,
           in
           these
           cases
           the
           plaint
           ’
           ,
           his
           Heires
           ,
           Executors
           or
           Administrators
           ,
           may
           commence
           a
           new
           action
           within
           a
           year
           after
           such
           Judgment
           reversed
           ,
           or
           given
           against
           the
           plaint
           ’
           ,
           or
           outlawry
           so
           reversed
           ,
           and
           not
           after
           .
        
         
           16.
           
           The
           right
           of
           action
           in
           the
           cases
           abovesaid
           is
           saved
           to
           an
           Infant
           ,
           Femme
           covert
           ,
           
             non
             compos
             mentis
          
           ,
           a
           person
           imprison'd
           or
           beyond
           sea
           ,
           as
           they
           commence
           their
           suit
           within
           the
           times
           above
           limited
           respectively
           ,
           after
           their
           imperfections
           removed
           .
        
      
       
         
           Maintenance
           .
        
         
           1.
           
           NOne
           shall
           buy
           any
           pretended
           
           right
           or
           title
           to
           any
           land
           ,
           unless
           the
           Seller
           hath
           taken
           the
           profits
           thereof
           
           one
           whole
           year
           before
           such
           bargain
           ,
           in
           pain
           that
           both
           the
           buyer
           and
           seller
           shall
           each
           of
           them
           forfeit
           the
           value
           of
           the
           same
           Land
           ,
           to
           be
           divided
           betwixt
           the
           King
           and
           the
           Prosecutor
           .
        
         
           2.
           
           None
           shall
           unlawfully
           maintain
           any
           suit
           or
           action
           ,
           retain
           any
           person
           for
           maintenance
           ,
           imbrace
           Jurors
           ,
           or
           suborn
           witnesses
           ,
           to
           the
           hindrance
           of
           Justice
           ,
           or
           the
           procurement
           of
           perjury
           ,
           in
           pain
           to
           forfeit
           for
           every
           such
           offence
           10
           l.
           to
           be
           divided
           betwixt
           the
           King
           and
           the
           prosecutor
           .
        
         
           3.
           
           Howbeit
           purchasing
           of
           a
           pretended
           title
           by
           him
           that
           is
           already
           lawfully
           possessed
           of
           the
           thing
           whereunto
           title
           is
           made
           ,
           is
           lawful
           .
        
         
           4.
           
           Proclamations
           shall
           be
           made
           at
           the
           Assises
           ,
           of
           the
           Statutes
           made
           against
           Maintenance
           ,
           Champertie
           ,
           Embracery
           and
           unlawful
           Retainers
           .
        
         
           5.
           
           The
           Offenders
           against
           this
           Act
           shall
           be
           porsecuted
           within
           one
           year
           .
        
      
       
         
           Market
           .
           Fair.
           
        
         
           1.
           
           EVery
           Seller
           or
           Exchanger
           of
           a
           
           Horse
           in
           a
           Fair
           or
           Market
           ,
           which
           being
           unknown
           to
           the
           Toll
           taker
           ,
           or
           Book-keeper
           doth
           not
           procure
           one
           credible
           
           person
           that
           is
           well
           known
           unto
           him
           ,
           to
           vouch
           the
           sale
           of
           the
           same
           horse
           ;
           Also
           every
           false
           voucher
           ,
           and
           the
           Toll-taker
           ,
           or
           Book-keeper
           ,
           that
           suffers
           such
           sale
           or
           exchange
           to
           pass
           ,
           shall
           forfeit
           5
           l.
           to
           be
           divided
           betwixt
           the
           Queen
           and
           the
           prosecutor
           :
           And
           besides
           ,
           the
           sale
           of
           such
           horse
           shall
           be
           void
           .
        
         
           2.
           
           The
           names
           of
           the
           Buyer
           ,
           Seller
           and
           voucher
           ,
           and
           the
           price
           of
           the
           horse
           ,
           shall
           be
           enter'd
           in
           the
           Toll-book
           ,
           and
           a
           note
           thereof
           deliver'd
           to
           the
           Buyer
           under
           the
           Toll-takers
           or
           Book-keepers
           hand
           ,
           for
           which
           the
           Buyer
           shall
           pay
           2
           d.
           
        
         
           3.
           
           Notwithstanding
           such
           sale
           and
           voucher
           as
           aforesaid
           ,
           the
           right
           owner
           or
           his
           Executors
           may
           redeem
           a
           stolne
           horse
           ,
           if
           they
           claim
           him
           within
           6
           moneths
           after
           the
           stealing
           ,
           at
           the
           parish
           ,
           or
           Corporation
           ,
           where
           he
           shall
           find
           him
           ,
           and
           make
           proof
           by
           2
           sufficient
           witnesses
           before
           the
           next
           Justice
           of
           peace
           in
           the
           Country
           ,
           or
           before
           the
           head
           officer
           of
           a
           Corporation
           ,
           that
           the
           horse
           was
           his
           ,
           and
           repay
           to
           the
           Buyer
           such
           price
           for
           the
           horse
           as
           the
           same
           buyer
           shall
           upon
           his
           own
           oath
           before
           such
           Justice
           or
           officer
           ,
           testifie
           to
           have
           paid
           for
           him
           .
        
      
       
         
         
           Nonsuit
           .
        
         
           1.
           
           WHere
           before
           Justices
           of
           Assise
           
           the
           parties
           are
           adjourned
           for
           some
           difficultie
           in
           Law
           upon
           the
           matter
           found
           ,
           in
           this
           case
           the
           plaint
           ’
           shall
           not
           be
           nonsuited
           ,
           albeit
           the
           verdict
           pass
           against
           him
           .
        
         
           2.
           
           Unless
           the
           plaint
           ’
           named
           in
           any
           writ
           ,
           
           Bill
           ,
           or
           process
           in
           B.
           R.
           or
           C.
           B.
           shall
           put
           into
           the
           Court
           a
           declaration
           against
           the
           persons
           arrested
           ,
           in
           some
           personal
           action
           ,
           or
           
             Ejectione
             firmae
          
           of
           Lands
           ,
           or
           tenements
           ,
           before
           the
           end
           of
           the
           term
           next
           sollowing
           after
           Appearence
           ,
           then
           a
           Nonsuit
           for
           want
           of
           a
           Declaration
           may
           be
           entred
           against
           the
           plaint
           ’
           in
           the
           said
           Courts
           respectively
           .
        
      
       
         
           Obligation
           .
        
         
           SHeriffes
           and
           other
           officers
           shall
           take
           
           no
           bond
           of
           any
           arrested
           person
           but
           for
           appearance
           ,
           and
           to
           themselves
           onely
           ,
           and
           shall
           not
           take
           for
           it
           more
           then
           4
           d.
           and
           bonds
           otherwise
           taken
           
             (
             colore
             officii
          
           )
           shall
           be
           void
           .
        
      
       
         
           Office.
           
        
         
           1.
           
           NOne
           shall
           bargain
           or
           sell
           any
           Office
           or
           Deputation
           ,
           or
           any
           part
           
           
           thereof
           ,
           or
           receive
           or
           take
           any
           money
           ,
           fee
           ,
           reward
           ,
           or
           other
           profit
           ,
           directly
           or
           indirectly
           ,
           or
           any
           promise
           ,
           agreement
           ,
           bond
           or
           assurance
           ,
           to
           receive
           any
           such
           profit
           for
           the
           same
           ;
           which
           office
           shall
           concern
           the
           administration
           or
           execution
           of
           Justice
           ;
           or
           the
           receipt
           ,
           controlment
           or
           payment
           of
           any
           of
           the
           Kings
           money
           or
           revenue
           ,
           or
           any
           Accompt
           ,
           Aulnage
           ,
           Auditorship
           ,
           or
           surveying
           of
           any
           of
           the
           Kings
           Lands
           ,
           or
           any
           of
           his
           customes
           ,
           or
           any
           administration
           or
           attendance
           in
           any
           Custome-house
           ,
           or
           the
           keeping
           of
           any
           of
           the
           Kings
           Towns
           ,
           Castles
           or
           Fortresses
           ,
           (
           being
           places
           of
           strength
           or
           defence
           )
           or
           any
           Clerkship
           in
           any
           Court
           of
           Record
           ,
           in
           pain
           that
           the
           Bargainee
           thereof
           shall
           lose
           his
           place
           ,
           and
           the
           Bargainor
           be
           adjudged
           disable
           to
           execute
           the
           same
           ;
           and
           every
           such
           bargain
           and
           agreement
           shall
           be
           void
           .
        
         
           2.
           
           Provided
           ,
           that
           this
           Act
           shall
           not
           extend
           to
           any
           office
           or
           Inheritance
           ,
           or
           for
           the
           Keeping
           of
           a
           Park
           ,
           House
           ,
           Mannor
           ,
           Garden
           ,
           Chace
           ,
           or
           Forest
           ,
           nor
           to
           the
           two
           Chief
           Justices
           ,
           or
           Justices
           of
           Assize
           ,
           but
           that
           they
           may
           grant
           offices
           as
           they
           did
           before
           the
           making
           of
           this
           Act
           :
           Also
           all
           acts
           done
           by
           an
           Officer
           (
           removeable
           by
           force
           of
           this
           statute
           )
           shall
           be
           good
           in
           law
           until
           he
           be
           removed
           .
        
         
         
           3.
           
           An
           action
           brought
           against
           a
           Justice
           of
           Peace
           ,
           Maior
           or
           Bailiffe
           of
           a
           Corporation
           ,
           
           Headborough
           ,
           Portreeve
           ,
           Constable
           ,
           Tithingman
           ,
           or
           Collector
           of
           Subsidies
           or
           fifteens
           ,
           for
           any
           thing
           done
           by
           reason
           of
           their
           several
           offices
           ,
           both
           they
           and
           all
           their
           assistants
           may
           plead
           the
           general
           issue
           ,
           and
           yet
           give
           the
           special
           matter
           in
           evidence
           .
        
         
           4.
           
           Here
           if
           the
           verdict
           pass
           for
           the
           defendant
           ,
           
           or
           the
           plaint
           ’
           be
           nonsuit
           or
           discontinue
           his
           suit
           ,
           the
           defendant
           shall
           be
           allowed
           double
           costs
           ,
           to
           be
           recover'd
           as
           costs
           in
           other
           cases
           given
           to
           the
           defend
           ’
           use
           to
           be
           recover'd
           .
        
         
           5.
           
           The
           Statute
           of
           7
           Jac.
           5.
           is
           confirmed
           ,
           and
           Church-wardens
           ,
           Sworn-men
           and
           
           overseers
           of
           the
           poor
           ,
           together
           with
           their
           assistants
           are
           to
           be
           comprehended
           within
           the
           purview
           of
           the
           same
           Statute
           .
        
         
           6.
           
           An
           action
           brought
           against
           any
           the
           said
           officers
           ,
           their
           deputies
           or
           assistants
           ,
           shall
           be
           layed
           in
           the
           County
           where
           the
           fact
           was
           committed
           ,
           and
           not
           elsewhere
           .
        
         
           7.
           
           The
           unnecessary
           charges
           and
           tedious
           
           attendance
           in
           passing
           the
           accounts
           of
           Sheriffs
           being
           very
           burthensome
           ,
           it
           is
           enacted
           ,
           
           that
           Sheriffs
           shall
           not
           keep
           tables
           of
           receipt
           for
           any
           more
           then
           their
           own
           family
           ,
           or
           retinue
           ,
           nor
           shall
           send
           any
           presents
           to
           
           any
           Judge
           of
           Assise
           nor
           give
           any
           gratuity
           to
           any
           officer
           ,
           nor
           have
           more
           then
           40
           men-servants
           ,
           nor
           under
           20
           in
           any
           County
           in
           England
           ,
           nor
           under
           12
           in
           Wales
           ,
           upon
           forfeiture
           of
           100
           l.
           for
           every
           such
           default
           ▪
           Proviso
           this
           clause
           not
           to
           extend
           to
           the
           Sheriffs
           of
           London
           or
           Middlesexs
           ,
           nor
           Westmerland
           ,
           or
           any
           Sheriff
           of
           a
           City
           and
           County
           ,
           or
           Town
           and
           County
           .
        
         
           8.
           
           Sheriffes
           in
           England
           shall
           not
           be
           charged
           to
           answer
           any
           illeviable
           Seisure
           ,
           Farme
           ,
           Rent
           ,
           Debt
           ,
           or
           other
           thing
           whatsoever
           ,
           which
           was
           not
           writ
           or
           process
           to
           them
           to
           be
           levied
           ,
           and
           the
           persons
           ,
           Lands
           and
           tenements
           ,
           of
           which
           the
           same
           is
           leviable
           particularly
           expressed
           ,
           but
           shall
           be
           discharged
           without
           petition
           ,
           plea
           ,
           or
           other
           trouble
           or
           charge
           whatsoever
           .
        
         
           9.
           
           All
           seisures
           made
           before
           the
           1
           
             Jac
             ▪
             R.
          
           1.
           and
           yet
           remaining
           upon
           the
           Sheriffs
           accompts
           ,
           and
           all
           seisures
           and
           debts
           pardoned
           ,
           are
           discharged
           and
           to
           be
           left
           out
           of
           their
           accounts
           ,
           and
           no
           process
           to
           issue
           for
           levying
           the
           same
           ,
           nor
           any
           other
           Rent
           or
           farme
           not
           particularly
           set
           forth
           ,
           or
           which
           hath
           been
           unanswered
           for
           40
           years
           past
           ,
           and
           all
           other
           dead
           farmes
           and
           seisures
           and
           all
           desperate
           illeviable
           and
           unintelligible
           debts
           ,
           shall
           be
           removed
           out
           of
           the
           Annual
           
           Roll
           and
           Sheriffs
           charge
           in
           the
           exannual
           Roll
           ,
           there
           to
           remain
           until
           revived
           by
           Commission
           .
        
         
           10.
           
           The
           several
           Remembrancers
           shall
           enroll
           and
           certifie
           the
           Engrosser
           of
           the
           great
           Roll
           ,
           all
           debts
           ,
           chargeable
           upon
           Sheriffs
           by
           their
           returns
           ,
           into
           the
           Exchequer
           upon
           writs
           of
           
             fi
             .
             fac
             .
             levari
             fac
             .
             capias
             ,
          
           and
           other
           process
           ,
           and
           all
           fines
           and
           amerciaments
           already
           set
           before
           the
           first
           day
           of
           February
           1662.
           and
           all
           debts
           ,
           fines
           and
           Amerciaments
           hereafter
           set
           before
           the
           next
           term
           after
           returns
           of
           such
           fines
           and
           amerciaments
           set
           ,
           that
           so
           they
           may
           be
           charged
           and
           comprehended
           within
           
             Quietus
             est
          
           ,
           upon
           pain
           of
           40
           l.
           upon
           the
           officer
           for
           every
           default
           ,
           the
           one
           moytie
           to
           the
           King
           ,
           the
           other
           to
           the
           party
           grieved
           .
        
         
           11.
           
           And
           none
           shall
           be
           Sheriff
           unless
           he
           have
           lands
           in
           the
           same
           County
           sufficient
           to
           answer
           the
           King
           and
           his
           people
           .
        
         
           12.
           
           Every
           Sheriff
           having
           obtained
           a
           
             quietus
             est
          
           (
           as
           by
           the
           act
           21
           
             Jac.
             c.
          
           5.
           he
           might
           )
           the
           Sheriff
           ,
           his
           heires
           ,
           Executors
           Lands
           and
           tenements
           ,
           shall
           be
           clearly
           discharged
           of
           all
           accompts
           and
           debts
           whatsoever
           ,
           unless
           he
           be
           prosecuted
           and
           Judgment
           given
           within
           4
           years
           after
           the
           same
           ;
           and
           every
           Officer
           by
           whose
           default
           process
           
           shall
           be
           sent
           contrary
           to
           this
           act
           ,
           shall
           incurr
           the
           same
           penalty
           aforesaid
           .
        
         
           13.
           
           This
           act
           not
           to
           extend
           to
           the
           Counties
           of
           
             Chester
             ,
             Lancaster
          
           ,
           and
           Durham
           ,
           or
           the
           Counties
           of
           Wales
           ,
           being
           Counties
           palatine
           ,
           as
           to
           the
           manner
           of
           their
           accompting
           ,
           who
           are
           to
           accompt
           before
           the
           respective
           Auditors
           as
           aforesaid
           .
        
         
           14.
           
           Not
           to
           extend
           to
           enjoyne
           the
           Remembrancer
           to
           transcribe
           to
           the
           engrosser
           of
           the
           great
           roll
           any
           inquisitions
           or
           seisures
           ,
           but
           such
           as
           have
           been
           formerly
           charged
           in
           the
           foreigne
           accompts
           of
           Sheriffs
           ,
           but
           Inquisitions
           upon
           Attainder
           and
           other
           forfeitures
           to
           be
           put
           in
           charge
           as
           formerly
           .
        
         
           15.
           
           Not
           to
           exclude
           his
           Majesties
           Remembrancer
           from
           writing
           forth
           process
           for
           his
           majesties
           Debts
           ,
           duties
           ,
           outlawries
           ,
           or
           other
           charge
           or
           process
           of
           
             Leva
             :
             fa.
          
           at
           any
           persons
           suit
           to
           levy
           issues
           of
           Lands
           seised
           ,
           or
           
             venditioni
             exponas
          
           for
           goods
           ,
           for
           any
           debt
           to
           the
           King
           ,
           or
           upon
           outlawry
           ,
           or
           to
           alter
           any
           pleading
           touching
           the
           same
           .
        
         
           16.
           
           That
           no
           debt
           ,
           duty
           ,
           fine
           ,
           or
           Amerciament
           or
           seisure
           charged
           in
           the
           great
           Roll
           of
           the
           pipe
           by
           any
           record
           of
           the
           Kings
           Remembrancer
           ,
           nor
           any
           proceedings
           thereupon
           be
           stayed
           ,
           compounded
           ,
           or
           discharged
           ,
           
           by
           order
           of
           any
           Judgment
           entred
           in
           the
           said
           office
           of
           the
           Kings
           Remembrancer
           ,
           where
           the
           Original
           of
           such
           debt
           or
           charge
           remaines
           .
        
         
           17.
           
           If
           any
           debts
           ,
           seisures
           ,
           fines
           ,
           or
           other
           be
           not
           levied
           and
           payd
           upon
           process
           of
           Summons
           of
           the
           pipe
           ,
           the
           Clerke
           of
           the
           pipe
           shall
           the
           next
           term
           after
           return
           of
           such
           process
           certifie
           the
           office
           of
           the
           Kings
           Remembrancer
           ,
           who
           shall
           issue
           process
           for
           levying
           the
           same
           .
        
         
           18.
           
           Auntient
           and
           lawful
           fees
           belonging
           to
           the
           Kings
           Remembrancer
           not
           abridged
           by
           this
           act
           .
        
         
           19
           The
           act
           to
           continue
           to
           the
           end
           of
           the
           first
           Sessions
           of
           the
           next
           Parliament
           and
           no
           longer
           .
        
      
       
         
           Partition
           .
        
         
           1.
           
           IOyntenants
           and
           tenants
           in
           common
           
           of
           any
           inheritance
           in
           their
           own
           right
           ,
           or
           in
           right
           of
           their
           wifes
           ,
           in
           any
           mannors
           ,
           Lands
           ,
           tenements
           or
           hereditaments
           ,
           may
           be
           compelled
           to
           make
           partition
           by
           writ
           
             de
             partitione
             facienda
          
           as
           coparceners
           are
           compellable
           to
           do
           ,
           and
           this
           writ
           shall
           be
           pursued
           at
           the
           common
           law
           .
        
         
           2.
           
           That
           after
           such
           partition
           made
           they
           
           shall
           have
           Aid
           of
           one
           another
           and
           of
           their
           heires
           to
           dereigne
           warranty
           and
           to
           recover
           
             pro
             rata
          
           as
           coparceners
           use
           to
           doe
           .
        
         
           3.
           
           Ioyntenants
           ,
           and
           Tenants
           in
           
           common
           ,
           that
           have
           inheritance
           or
           freehold
           in
           any
           mannors
           ,
           Lands
           ,
           tenements
           or
           hereditaments
           ,
           shall
           be
           also
           compellable
           to
           make
           partition
           by
           the
           said
           writ
           to
           be
           pursued
           upon
           their
           case
           :
           howbeit
           such
           partition
           shall
           not
           be
           prejudicial
           to
           any
           but
           the
           parties
           to
           such
           partition
           ,
           their
           heires
           and
           Assignes
           .
        
      
       
         
           Pleading
           .
        
         
           1.
           
           ALL
           pleas
           which
           shall
           be
           pleaded
           
           in
           any
           Court
           whatsoever
           ,
           within
           the
           Realm
           ,
           shall
           be
           pleaded
           ,
           shewed
           ,
           depended
           ,
           answered
           ,
           debated
           ,
           and
           judged
           in
           the
           English
           tongue
           ,
           and
           entred
           and
           enrolled
           in
           the
           Latin.
           Howbeit
           the
           Laws
           and
           Customes
           of
           the
           Realm
           ,
           as
           also
           the
           Terms
           and
           process
           shall
           be
           holden
           and
           kept
           ,
           as
           before
           this
           time
           hath
           been
           used
           .
        
         
           2.
           
           And
           Exemplification
           of
           the
           inrollment
           of
           the
           Letters
           patents
           by
           H.
           8.
           
           E.
           6.
           
           
           Q.
           
             M.
             P.
          
           and
           M.
           Q.
           El.
           or
           any
           of
           them
           ,
           since
           the
           4
           th
           of
           Februrary
           in
           the
           27
           H.
           8.
           or
           hereafter
           to
           be
           granted
           by
           the
           
           Queen
           ,
           her
           Heires
           ,
           or
           Successors
           ,
           shall
           be
           of
           as
           good
           force
           to
           be
           pleaded
           ,
           or
           shewed
           in
           behalfe
           of
           the
           Patentees
           ,
           their
           heires
           ,
           Executors
           and
           assignes
           ,
           and
           every
           of
           them
           ,
           and
           every
           other
           person
           ,
           or
           persons
           ,
           having
           any
           Estate
           from
           ,
           by
           or
           under
           them
           ,
           or
           any
           of
           them
           ,
           as
           well
           against
           the
           Queen
           ,
           her
           heires
           and
           Successors
           ,
           and
           all
           other
           persons
           whatsoever
           ,
           as
           if
           the
           Letters
           patents
           themselves
           were
           produced
           .
        
      
       
         
           Policies
           of
           assurance
           .
        
         
           1.
           
           THe
           Lord
           Chancellor
           ,
           or
           Lord
           
           Keeper
           shall
           award
           a
           standing
           commission
           (
           to
           be
           yearly
           renued
           ,
           or
           as
           often
           as
           to
           him
           shall
           seem
           meet
           )
           for
           the
           hearing
           and
           determining
           of
           all
           such
           causes
           arising
           ,
           and
           policices
           of
           Assurance
           ,
           as
           shall
           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
           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
           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
           of
           souls
           shall
           corruptly
           resigne
           or
           exchange
           the
           same
           ,
           or
           shall
           corruptly
           take
           for
           resigning
           or
           exchanging
           the
           same
           ,
           directly
           or
           indirectly
           ,
           any
           benefit
           whatsoever
           ,
           both
           the
           giver
           and
           the
           taker
           thereof
           shall
           lose
           the
           double
           value
           of
           the
           benefit
           so
           had
           ,
           to
           be
           divided
           between
           the
           Queen
           and
           the
           prosecutor
           .
        
         
           10.
           
           Penalties
           inflicted
           by
           the
           Ecclesiastical
           Law
           are
           not
           taken
           away
           by
           this
           statute
           .
        
         
           11.
           
           If
           any
           person
           shall
           directly
           or
           indirectly
           ,
           take
           any
           reward
           or
           other
           profit
           or
           assurance
           thereof
           ,
           (
           lawful
           fees
           only
           excepted
           )
           to
           make
           a
           Minister
           ,
           or
           to
           give
           licence
           to
           preach
           ,
           he
           shall
           forfeit
           20
           l.
           and
           the
           party
           so
           made
           a
           minister
           10
           l.
           and
           if
           the
           party
           so
           made
           a
           minister
           be
           instituted
           ,
           inducted
           ,
           or
           installed
           into
           any
           benefice
           within
           7
           years
           after
           ,
           such
           Induction
           &c.
           shall
           be
           void
           ,
           and
           the
           party
           having
           the
           gift
           thereof
           may
           present
           or
           collate
           ,
           as
           if
           he
           were
           dead
           .
        
         
           12.
           
           The
           forfeitures
           of
           this
           act
           shall
           be
           
           divided
           between
           the
           Queen
           and
           prosecutor
           .
        
      
       
         
           Spiritual
           persons
           .
           Residence
           .
        
         
           1.
           
           NO
           spiritual
           person
           shall
           take
           to
           farme
           (
           to
           himself
           ,
           or
           any
           other
           
           for
           his
           use
           )
           any
           lands
           or
           other
           hereditaments
           for
           life
           ,
           year
           or
           at
           will
           ,
           in
           pain
           to
           forfeit
           10
           l.
           for
           every
           moneth
           he
           so
           continues
           the
           same
           ,
           to
           be
           divided
           betwixt
           the
           King
           and
           the
           Prosecutor
           .
        
         
           2.
           
           This
           Act
           shall
           not
           extend
           to
           any
           spiritual
           person
           for
           taking
           to
           farme
           any
           temporalties
           (
           during
           the
           time
           of
           vacation
           )
           of
           any
           Archbishopricks
           ,
           Bishopricks
           ,
           Abbeys
           ,
           Priories
           ,
           or
           Collegiate
           ,
           Cathedral
           or
           Conventual
           Churchs
           ,
           nor
           to
           any
           such
           person
           who
           shall
           render
           or
           make
           traverse
           upon
           any
           office
           ,
           concerning
           his
           Freehold
           .
        
         
           3.
           
           No
           spiritual
           person
           shall
           (
           by
           himself
           or
           any
           other
           for
           his
           use
           )
           buy
           ,
           to
           sell
           again
           ,
           any
           cattel
           ,
           victual
           or
           Merchandise
           whatsoever
           ,
           in
           pain
           to
           forfeit
           treble
           the
           value
           thereof
           ,
           to
           be
           divided
           betwixt
           the
           King
           and
           the
           Prosecutor
           ,
           and
           every
           such
           bargain
           shall
           be
           void
           .
        
         
           4.
           
           Howbeit
           a
           spiritual
           person
           may
           buy
           Horses
           ,
           Mares
           ,
           Cattle
           or
           other
           goods
           for
           his
           necessary
           use
           and
           employment
           ,
           and
           in
           
           case
           they
           happen
           not
           to
           fit
           for
           his
           turn
           ,
           may
           sell
           them
           again
           ,
           so
           as
           this
           be
           done
           without
           fraud
           or
           covin
           .
        
         
           5.
           
           Also
           Abbots
           ,
           Priors
           ,
           Abbesses
           ,
           Prioresses
           ,
           Provosts
           ,
           Presidents
           and
           Masters
           of
           Colledges
           and
           Hospitals
           ,
           and
           all
           other
           spiritual
           Governours
           and
           Governesses
           of
           any
           houses
           of
           Religion
           ,
           Lands
           of
           the
           yearly
           value
           of
           800
           Marks
           ,
           or
           under
           ,
           may
           use
           and
           occupy
           so
           much
           thereof
           for
           the
           maintenance
           of
           their
           houses
           ,
           as
           they
           or
           any
           of
           their
           Predecessors
           have
           done
           within
           100
           years
           last
           past
           ,
           notwithstanding
           this
           Act.
           
        
         
           6.
           
           Likewise
           Spiritual
           Persons
           not
           having
           sufficient
           Glebe
           or
           demesne
           Lands
           in
           right
           of
           their
           Churches
           or
           houses
           ,
           may
           notwithstanding
           this
           Act
           ,
           for
           the
           only
           expences
           of
           their
           Houses
           ,
           and
           for
           their
           Carriages
           and
           Journeys
           ,
           take
           in
           farm
           other
           Lands
           ,
           and
           buy
           and
           sell
           Corn
           and
           Cattel
           for
           the
           only
           manurance
           and
           pasturage
           of
           such
           Farms
           ,
           so
           as
           if
           it
           be
           done
           for
           such
           purposes
           only
           without
           fraud
           or
           covin
           .
        
         
           7.
           
           If
           any
           person
           ,
           having
           a
           Benefice
           with
           cure
           of
           Souls
           of
           the
           yearly
           value
           of
           8
           l.
           or
           above
           ,
           accept
           another
           with
           cure
           of
           souls
           ,
           and
           he
           be
           instituted
           and
           inducted
           in
           possession
           of
           the
           same
           ,
           immediately
           upon
           such
           possession
           thereof
           the
           first
           benefice
           
           shall
           be
           adjudged
           void
           ,
           and
           then
           it
           shall
           be
           lawful
           for
           the
           Patron
           thereof
           to
           Present
           another
           ,
           as
           if
           the
           incumbent
           had
           died
           or
           resigned
           ;
           any
           License
           ,
           Union
           ,
           or
           other
           Dispensation
           to
           the
           contrary
           notwithstanding
           .
        
         
           8.
           
           Every
           License
           ,
           Union
           or
           other
           Dispensation
           obtained
           contrary
           to
           this
           Act
           shall
           be
           void
           ,
           and
           none
           shall
           obtain
           from
           Rome
           or
           elsewhere
           any
           License
           ,
           Union
           ,
           or
           Toleration
           to
           receive
           any
           Benefice
           with
           Cure
           ,
           in
           pain
           of
           20
           l.
           to
           be
           divided
           between
           the
           King
           and
           Prosecutor
           .
        
         
           9.
           
           Provided
           ,
           that
           every
           spiritual
           person
           of
           the
           Kings
           Councel
           may
           purchase
           License
           or
           dispensation
           to
           keep
           three
           Benefices
           with
           cure
           ;
           and
           the
           Chaplains
           of
           the
           King
           ,
           Queen
           ,
           Kings
           Children
           ,
           Brethren
           ,
           Sisters
           ,
           Uncles
           or
           Aunts
           may
           so
           keep
           each
           of
           them
           two
           .
        
         
           10.
           
           Also
           an
           Archbishop
           and
           Duke
           may
           have
           each
           of
           them
           six
           Chaplains
           ;
           a
           Marquess
           and
           Earl
           five
           ;
           a
           Vicount
           and
           other
           Bishop
           four
           ;
           the
           Chancellor
           ,
           Baron
           ,
           and
           every
           Knight
           of
           the
           Garter
           three
           ;
           every
           Dutchess
           ,
           Marchioness
           ,
           Countess
           and
           Baroness
           ,
           being
           Widows
           ,
           two
           ;
           the
           Comptroller
           and
           Treasurer
           of
           the
           Kings
           houshold
           ,
           the
           Kings
           Secretary
           and
           Dean
           
           of
           his
           Chappel
           ,
           the
           Kings
           Almoner
           and
           Master
           of
           the
           Rolls
           ,
           each
           of
           them
           two
           ;
           and
           the
           chief
           Justice
           of
           the
           Kings
           Bench
           ,
           and
           Warden
           of
           the
           Cinque
           Ports
           ,
           each
           of
           them
           one
           :
           And
           each
           of
           the
           said
           Chaplains
           may
           purchase
           a
           Licence
           or
           Dispensation
           to
           keep
           two
           Benefices
           .
        
         
           11.
           
           Likewise
           the
           Brothers
           and
           Sons
           of
           temporal
           Lords
           born
           in
           Wedlock
           ,
           may
           purchase
           such
           License
           or
           Dispensation
           to
           keep
           as
           many
           Benefices
           with
           cure
           as
           the
           Chaplains
           of
           a
           Duke
           or
           Arch-Bishop
           ;
           and
           the
           Brethren
           and
           Sons
           of
           a
           Knight
           born
           in
           Wedlock
           may
           keep
           two
           .
        
         
           12.
           
           Provided
           ,
           that
           the
           aforesaid
           Chaplain
           shall
           exhibit
           (
           where
           need
           shall
           be
           )
           Letters
           under
           the
           Sign
           or
           Seal
           of
           the
           King
           ,
           or
           other
           their
           Lord
           and
           Master
           ,
           testifying
           whose
           Chaplain
           they
           be
           ,
           or
           else
           not
           to
           enjoy
           such
           Plurality
           of
           Benefices
           .
        
         
           13.
           
           Also
           Doctors
           and
           Bachellors
           of
           Divinity
           ,
           Doctors
           of
           Law
           ,
           and
           Bachellors
           of
           Law
           Canon
           ,
           admitted
           to
           their
           degrees
           by
           any
           of
           the
           Universities
           of
           this
           Realm
           and
           not
           by
           grace
           only
           ,
           may
           purchase
           such
           License
           to
           keep
           two
           Benefices
           with
           cure
           .
        
         
           14.
           
           And
           because
           Arch-Bishops
           must
           use
           (
           at
           the
           consecration
           of
           Bishops
           )
           eight
           
           Chaplains
           ,
           and
           Bishops
           (
           at
           giving
           of
           Orders
           ,
           and
           consecration
           of
           Churches
           )
           six
           ,
           every
           of
           them
           may
           have
           two
           Chaplains
           above
           the
           number
           limited
           .
        
         
           15.
           
           Every
           spiritual
           person
           that
           is
           advanced
           (
           by
           colour
           of
           this
           Act
           )
           to
           keep
           more
           Benefices
           with
           cure
           than
           is
           above
           limited
           ,
           shall
           incurr
           the
           penalty
           above
           provided
           by
           this
           Act.
           
        
         
           16.
           
           Every
           spiritual
           person
           promoted
           to
           any
           Arch-deaconary
           ,
           Deanary
           ,
           or
           dignity
           in
           a
           Monastery
           or
           Cathedral
           Church
           ,
           or
           other
           Church
           Conventual
           or
           Collegiate
           ,
           or
           being
           beneficed
           with
           any
           Parsonage
           or
           Vicarage
           ,
           shall
           be
           personally
           resident
           and
           abiding
           upon
           his
           said
           Dignity
           ,
           Prebend
           or
           Benefice
           ,
           or
           at
           one
           of
           them
           at
           least
           ,
           in
           pain
           to
           forfeit
           for
           not
           being
           resident
           by
           the
           space
           of
           a
           month
           together
           or
           of
           2
           months
           (
           to
           be
           accounted
           at
           several
           times
           in
           one
           year
           )
           10
           l.
           to
           be
           divided
           betwixt
           the
           King
           and
           the
           Prosecutor
           .
        
         
           17.
           
           None
           shall
           obtain
           from
           Rome
           (
           or
           elswhere
           )
           any
           Licence
           or
           dispensation
           for
           non-residence
           ,
           in
           pain
           of
           20
           l.
           to
           be
           forfeited
           as
           aforesaid
           .
        
         
           18.
           
           Howbeit
           this
           Act
           shall
           not
           extend
           to
           any
           Spiritual
           person
           in
           the
           Kings
           service
           beyond
           Sea
           ,
           or
           upon
           any
           Pilgrimage
           
           beyond
           Sea
           ,
           during
           the
           time
           that
           he
           shall
           be
           in
           the
           Kings
           Service
           ,
           or
           upon
           the
           said
           Pilgrimage
           ,
           nor
           to
           any
           Scholar
           abiding
           for
           study
           without
           fraud
           at
           any
           University
           within
           this
           Realm
           ,
           nor
           to
           any
           of
           the
           King
           or
           Queens
           Chaplains
           in
           ordinary
           ,
           neither
           yet
           to
           any
           of
           the
           abovesaid
           Chaplains
           which
           shall
           daily
           attend
           upon
           their
           Lord
           or
           Masters
           housholds
           ,
           so
           long
           as
           they
           so
           attend
           without
           fraud
           ,
           nor
           to
           the
           Master
           of
           the
           Rolls
           ,
           or
           Dean
           of
           the
           Arches
           ,
           the
           Chancellor
           ,
           or
           Commissary
           of
           any
           Arch-Bishop
           or
           Bishops
           ,
           the
           12
           Masters
           of
           Chancery
           ,
           or
           12
           Advocates
           of
           the
           Arches
           (
           being
           clergy
           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
           ,
           upon
           a
           Sunday
           after
           divine
           Service
           and
           Sermon
           ,
           or
           in
           case
           there
           be
           no
           Sermon
           ,
           after
           divine
           service
           ;
           and
           if
           he
           dwell
           in
           no
           Parish
           ,
           then
           in
           the
           Parish
           next
           adjoyning
           to
           his
           place
           of
           abode
           ;
           and
           all
           outlawries
           otherwise
           had
           shall
           be
           void
           .
        
         
           3.
           
           The
           officer
           for
           making
           the
           Exigent
           and
           proclamation
           may
           take
           such
           fees
           for
           the
           same
           as
           are
           limited
           by
           the
           Statute
           of
           
           6
           H.
           8.
           4.
           and
           the
           Sheriff
           for
           making
           proclamation
           at
           the
           Church
           door
           shall
           have
           12
           d.
           
        
         
           4.
           
           In
           real
           actions
           ,
           after
           summons
           upon
           the
           land
           (
           14
           days
           at
           least
           before
           the
           return
           thereof
           )
           proclamation
           of
           the
           Summons
           shall
           be
           made
           upon
           a
           Sunday
           ,
           in
           forme
           aforesaid
           ,
           in
           the
           parish
           where
           the
           land
           lies
           ;
           which
           Proclamation
           shall
           be
           returned
           with
           the
           names
           of
           the
           Summoners
           .
        
         
           5.
           
           If
           the
           summons
           be
           not
           so
           proclaimed
           ,
           no
           
             Grand
             cape
          
           shall
           be
           awarded
           ,
           but
           an
           Alias
           and
           Pluries
           summons
           ,
           until
           a
           Summons
           and
           Proclamation
           be
           made
           according
           to
           this
           Act.
           
        
         
           6.
           
           Before
           allowance
           of
           a
           writ
           of
           Error
           ,
           or
           reversing
           of
           an
           Outlawry
           by
           plea
           or
           otherwise
           ,
           the
           defend
           ’
           in
           the
           Original
           action
           shall
           put
           in
           bail
           ,
           to
           appear
           and
           answer
           the
           Plaint
           ’
           ,
           and
           also
           to
           satisfie
           the
           condemnation
           ,
           if
           the
           Plaint
           ’
           begin
           his
           suit
           before
           the
           end
           of
           two
           terms
           next
           after
           the
           allowance
           of
           the
           said
           writ
           ,
           or
           avoiding
           the
           Outlawry
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A39612-e7310
           
             4
             H.
             7.
             c.
             20.
             
          
           
             31
             
               El.
               c.
            
             5.
             
          
           
             21
             
               Jac.
               c.
            
             4.
             
          
           
             18
             
               El
               ,
               c.
            
             5.
             
          
        
         
           Notes for div A39612-e7710
           
             9
             H.
             5.
             c.
             4.
             
          
           
             4
             H.
             6.
             c
             3.
             
          
           
             8
             H.
             6.
             c.
             12.
             
          
           
             8
             H.
             6.
             c.
             15.
             
          
           
             27
             
               El.
               c.
            
             5.
             
          
        
         
           Notes for div A39612-e7980
           
             9
             R.
             2.
             c.
             3.
             
          
           
             23
             H.
             8.
             c.
             3.
             
          
        
         
           Notes for div A39612-e8360
           
             4
             H.
             4.
             c.
             14
             
          
           
             29
             
               El.
               c.
            
             5.
             
          
           
             3.
             
             
               El.
               c.
            
             10.
             
          
        
         
           Notes for div A39612-e8530
           
             7
             H.
             8.
             c.
             4.
             
          
           
             21
             H.
             8.
             c.
             15.
             
          
           
             21
             H.
             8.
             c.
             19.
             
          
        
         
           Notes for div A39612-e8720
           
             13
             Car.
             2.
             
             Sess
             .
             2.
             c.
             2.
             
          
        
         
           Notes for div A39612-e8870
           
             13
             
               El.
               c.
            
             7.
             
          
           
             1
             
               Jac.
               c.
            
             15.
             
          
           
             21
             
               Ja.
               c.
            
             19.
             
          
           
             14
             Car.
             2.
             c.
             24.
             
          
        
         
           Notes for div A39612-e9450
           
             82
             H.
             8.
             c.
             38.
             Marriage
          
        
         
           Notes for div A39612-e9520
           
             1
             H.
             5.
             c.
             5.
             
          
           
             13
             C.
             2.
             
             Sess
             .
             2.
             c.
             2.
             
             
               Delays
               in
               Execution
            
             .
          
        
         
           Notes for div A39612-e9760
           
             21
             
               Iac.
               c.
            
             8.
             
          
        
         
           Notes for div A39612-e9810
           
             32
             H.
             8.
             c.
             34.
             
          
        
         
           Notes for div A39612-e9870
           
             24
             H.
             8.
             c.
             8.
             
          
           
             43
             
               El.
               c.
            
             6.
             
          
           
             4
             
               Jac.
               c.
            
             3.
             
          
           
             13
             Car.
             2.
             
             Sess
             .
             2
             c.
             2.
             
          
           
             22
             ,
             23
             Car.
             3.
             c.
             
          
        
         
           Notes for div A39612-e10100
           
             1
             E.
             6.
             c.
             7.
             
          
        
         
           Notes for div A39612-e10220
           
             13
             R.
             2.
             c.
             5.
             
               confirmed
               by
            
             2
             H.
             4.
             c.
             11.
             
          
        
         
           Notes for div A39612-e10360
           
             3
             H.
             7.
             c
             10.
             
               confirmed
               by
            
             19
             H.
             7.
             c.
             20.
             
          
           
             23
             H.
             8.
             c.
             15.
             
          
           
             8
             
               El.
               c.
            
             2.
             
          
           
             43
             
               El.
               c.
            
             6.
             
          
        
         
           Notes for div A39612-e10650
           
             10
             H.
             6.
             c.
             4.
             
               confirmed
               by
            
             18
             H.
             6.
             c.
             9.
             
          
        
         
           Notes for div A39612-e10720
           
             32
             H.
             8.
             c.
             1.
             
          
           
             34
             ,
             35
             H.
             8.
             c.
             5.
             
          
        
         
           Notes for div A39612-e10880
           
             11
             H.
             7.
             c.
             20.
             
          
        
         
           Notes for div A39612-e10950
           
             2
             ,
             3
             H
             6.
             c.
             13.
             
          
        
         
           Notes for div A39612-e11280
           
             27
             H.
             8.
             c.
             10.
             
          
        
         
           Notes for div A39612-e11350
           
             32
             H.
             8.
             c.
             33.
             
          
           
             19
             Car.
             2.
             c.
             11.
             
          
        
         
           Notes for div A39612-e11470
           
             9
             R.
             2.
             c.
             3.
             
          
           
             16
             Car.
             2.
             
             C.
             2.
             
          
           
             16
             ,
             17
             Car.
             2.
             c.
             8.
             
          
           
             17
             Ca●
             .
             2.
             c.
             8.
             
          
           
             Death
             after
             Verdict
             .
          
           
             20
             Car.
             2.
             c.
             4.
             
          
           
             Exchequer
             .
          
        
         
           Notes for div A39612-e12070
           
             5
             
               El.
               c.
            
             23.
             
          
        
         
           Notes for div A39612-e12480
           
             3●
             H.
             8
             c.
             5.
             
          
           
             3
             
               Jac.
               c.
            
             8.
             
          
           
             21
             
               Jac.
               c.
            
             24.
             
          
           
             16.
             17.
             
             C.
             2
             c.
             5.
             
          
           
             17
             Car.
             2.
             c.
             8.
             
          
        
         
           Notes for div A39612-e12890
           
             31
             El.
             3.
             c.
             11.
             
          
           
             21
             H
             8.
             c.
             5.
             
          
           
             22
             ,
             23
             Car.
             2.
             c.
             10.
             
          
           
             4
             E.
             3.
             c.
             7.
             
          
           
             35
             E.
             3.
             c.
             5.
             
          
           
             21
             H.
             8.
             c.
             4.
             
          
        
         
           Notes for div A39612-e13190
           
             1
             R.
             3.
             c.
             7.
             
          
           
             4
             H.
             7.
             c.
             24.
             
          
           
             32
             H.
             8.
             c.
             36.
             
          
        
         
           Notes for div A39612-e13500
           
             13
             
               El.
               c.
            
             5.
             
          
           
             27
             
               El.
               c.
            
             4.
             
          
        
         
           Notes for div A39612-e13770
           
             2
             H.
             5.
             c.
             2.
             
             Corpus
             cum
             causa
             .
          
           
             43
             
               Fl.
               c.
            
             5.
             
          
           
             21
             
               Jac.
               c.
            
             23
             
          
        
         
           Notes for div A39612-e13980
           
             27
             
               El.
               c.
            
             13.
             
          
        
         
           Notes for div A39612-e14090
           
             27
             H.
             8.
             c.
             16.
             
          
        
         
           Notes for div A39612-e14200
           
             20
             R.
             2.
             c.
             3.
             
             Justice
             of
             Assise
             .
          
        
         
           Notes for div A39612-e14260
           
             4
             H.
             4.
             c.
             23.
             
          
        
         
           Notes for div A39612-e14300
           
             5
             H.
             4
             c.
             8.
             
          
        
         
           Notes for div A39612-e14360
           
             2
             H
             5.
             c.
             3.
             
          
        
         
           Notes for div A39612-e14410
           
             32
             H.
             8.
             c.
             2.
             
          
           
             1
             P
             &
             
               M.
               sess
            
             .
             2.
             c.
             5.
             
          
           
             21
             
               Jac.
               c.
            
             16.
             
          
        
         
           Notes for div A39612-e14820
           
             32
             H.
             8.
             c.
             9.
             
          
        
         
           Notes for div A39612-e14910
           
             31
             
               El
               c.
            
             12.
             
          
        
         
           Notes for div A39612-e14980
           
             2
             H
             4.
             c.
             7.
             
          
           
             13
             Car.
             2.
             
             Sess
             .
             2.
             c.
             2.
             
          
        
         
           Notes for div A39612-e15100
           
             23
             H.
             6.
             c.
             10.
             
          
        
         
           Notes for div A39612-e15170
           
             5
             E.
             6
             c
             16.
             
             Grant.
             
          
           
             7
             
               Jac.
               c.
            
             5.
             
             Pleading
             .
          
           
             Costs
             .
          
           
             21
             
               Jac.
               c.
            
             12.
             
          
           
             14
             Car.
             2.
             c.
             21.
             
          
           
             Sheriffs
             .
          
        
         
           Notes for div A39612-e15690
           
             31
             H.
             8.
             c.
             
          
           
             32
             H.
             8.
             c.
             32.
             
          
        
         
           Notes for div A39612-e15810
           
             36
             E.
             3.
             c.
             15.
             
          
           
             13
             
               El.
               c.
            
             6.
             
          
        
         
           Notes for div A39612-e15970
           
             43
             
               El
               c.
            
             12.
             
          
           
             14
             Car.
             2.
             c.
             23.
             
          
        
         
           Notes for div A39612-e16200
           
             32
             H.
             8.
             c.
             28.
             
             
               A
               fair
               Leases
            
             .
          
           
             1
             
               Eliz.
               c.
            
             9.
             
          
           
             13
             
               El.
               c.
            
             10.
             
          
           
             18
             
               El.
               c.
            
             11.
             
          
           
             1
             
               Jac.
               c.
            
             3.
             
          
        
         
           Notes for div A39612-e16600
           
             19
             H.
             7.
             
             C.
             9.
             
          
           
             13
             Car.
             2.
             sess
             .
             2.
             c.
             2.
             
          
        
         
           Notes for div A39612-e16730
           
             23
             H.
             8.
             c.
             9.
             
             Citation
             .
          
        
         
           Notes for div A39612-e16810
           
             23
             H.
             8.
             c.
             6.
             
          
        
         
           Notes for div A39612-e17040
           
             21
             H
             8.
             15.
             
          
           
             34
             &
             35
             H.
             8.
             c.
             20.
             
          
        
         
           Notes for div A39612-e17220
           
             23
             H.
             8.
             c.
             37.
             
          
        
         
           Notes for div A39612-e17330
           
             32
             H.
             8.
             c
             30.
             
          
        
         
           Notes for div A39612-e17390
           
             17
             Ca●
             .
             2.
             c.
             7.
             
          
        
         
           Notes for div A39612-e17540
           
             13
             R.
             2
             c.
             17.
             
          
        
         
           Notes for div A39612-e17620
           
             31
             
               El.
               c.
            
             6.
             
          
        
         
           Notes for div A39612-e17800
           
             21
             H.
             8.
             c.
             13.
             
          
           
             28
             H.
             8.
             
             C
             13.
             
          
        
         
           Notes for div A39612-e18160
           
             19
             Car.
             2.
             c.
             11.
             
          
           
             Challenge
             .
          
           
             4
             ,
             5
             
               P.
               M.
               c.
            
             7.
             
          
           
             Tales
             .
          
           
             14
             
               El
               c.
            
             9.
             
          
        
         
           Notes for div A39612-e18360
           
             7
             H.
             8.
             c.
             10.
             
          
        
         
           Notes for div A39612-e18480
           
             31
             
               El.
               c.
            
             3.