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 john Streater, Eliz. Flesher, and H. Twyford, Assigns 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 Holborn, A. D. 1672. Cum Gratia & Privilegio Regiae Majestatis. Preface. AS General Abridgements of the Statutes of this Realm have hitherto been and will always 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 justice of Peace, under the Title of Statuta Pacis, which comprehends a great part of the Crown Law. Others relating to the King's Revenue, as that of the Customs, 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 which concern the uniting of Wales, and fixing jurisdictions there, and the like; in Counties Palatine, and of later, for the draining of the Fens which extend but to some Countries; others are restrained to peculiar Jurisdictions as those of the Sewers, of Charitable uses, Regulation of Corporations, etc. 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 Timber, Drapery, and several other Manufactures, rebuilding of London, and many more of that kind. All which though of Public Advantage, yet not having a direct Aspect upon private rights and possessions, are foreign to the present design, and most proper for general Abridgements, 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 uniform; 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 meddleth not: The other parts of those Ancient 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 plead and other proceedings in real Actions now out of use, and are already in print by the name of Magna Charta, and other ancient Statutes in a little volume by themselves. Here therefore such only are culled out as refer to the Law as 'tis 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 Cry, because many Actions are brought thereupon, and those of Bankrupts being of general and daily use etc. But such statutes as have abrogated or rescinded what formerly hath been in use by the dissolution of Courts, alteration of tenors, Abridgement 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 Abridgements, 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 judgement would be an Excellent Comment on the same. However these Tables and Abridgement are of extraordinary use: for as the first Table shows what Statutes were made in every particular King's Reign, so the other furnisheth you with the common and known heads and Titles of the Common 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 Sergeant 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. Anno 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. Admiralty. vide Court. Henr. 4. 2. 7. Nonsuit. 2. 11. Admiralty. vide Court. 4. 8. Attorney. 13. Judgement. 5. 8. Ley gager. Henr. 5. 1. 5. Additions. vide Brief. 2. 2. Corpus cum causa. vide Habeas Corpus. 3. Libel. 9 4. Amendment. Henr. 6. 4. 3. Amendment. 8. 12. Amendment. 15. Amendment. 10. 4. Appearance. 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. avowry. 21. 4. Executor. 5. Probate of Wills. vide Executors. 13. Residence. 15. Recoveries. 19 Avowries. 23. 3. Attain 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. Marriages. vide Baron & feme. 34, 35. 5. Wills. vide Devise. 20. Recoveries. Edwar. 6. 1. 7. Discontinuance. vide Continuance. 2, 3. 13. Tithe. vide Dimes. 5, 6. 16. Offices. Phil. & Mar. 1. Sess. 2. 5. Limitation. 4, 5. 7. Tales. vide Trial. 8. Maidens. Eliz. 1. 19 Bishop's 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 Trial. 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 Attorney. 31. 3. Exigent and Outlawry. vide Utlagary. 5. Actions popular. 6. Simony. 10. Informers. vide Attorney. 12. Fairs 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. Bishop's 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 Brief and Costs. 14. 21. Sheriff. vide Office. 23. Atturnment. Merchants. 24. Bankrupts. 16. 2. Abatement of writs of Error. vide Brief. 5. Delays in extending Statutes v. Execution. 16, 17. 8. Arrest of Judgement. 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. Attorney. 4 H. 4. c. 18. 29 El. c. 5. 31 El. c. 10. avowry. 7 H. 8. c. 4. 21 H. 8. c. Bail. 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. Brief. 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. Admiralty. 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. Default. Appearance. 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. Dimes. 2, 3 Edw. 6. c. 13. Dower. jointure. 27 H. 8. c. 10. Entry 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. enrolment. 27 H. 8. c. 16. judge. 20 R. 2. c. 3. Ley gager. 5 H. 4. c. 8. Libel. 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. Process. 19 H. 7. c. 9 13 Car. 2. Sess. 2. c. 2. Prohibition. 23 H. 8. c. 9 Recognisancc. 23 H. 8. c. 6. Recovery. 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. Simony. 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 4 H. 7. c. 20. 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 itself hath been tried by Verdict. 5. Informers heretofore resirained by 31 El. c. 5. 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 barred. 7. This act doth not restrain Officers, which have lawfully used to exhibit 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 custom of sweet wines) concealing of customs, etc. corrupt usury, forestall, regrating or engrossing, 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 only hath the forfeiture, shall be commenced within 2 years; where he hath only 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 mystery without being brought up in it, and for not having bows and Arrows 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 21 Jac. c. 4. before justices of Assize, Nisi prius, G. D. Oyer and Terminer, or of P. shall be prosecuted only in the Counties where the offences were committed, except for Recusancy, Maintenance, Champerty, buying of Titles, concealing of customs etc. 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 Offence 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 18 El, c. 5. 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 process shall issue out upon it. 16. The Clerk that makes out the process, shall endorse 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 Trial 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 delays or discontinues his suit, or otherwise is Nonsuit or overthrown, the court shall assign costs to the defend ’ to be immediately levied by Execution issuing out of the same Court. 20. justices 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 Politic, to whom any forfeiture or penalty is specially limited, nor certain Officers, who have lawfully used to exhibit Informations. Amendment. 1. THE Justices before whom any default 9 H. 5. c. 4. 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 Judgement as before, so long as such Record or Process shall continue before them. 2. This shall not extend to any Record 4 H. 6. c 3. or Process whereby any person is outlawed: nor to Wales. 3. No Judgement or Record shall be 8 H. 6. c. 12. reversed or annulled for error assigned by reason of the razing or interlining of any Record, Process, Warrant, Writ, Panel, 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 defects in any Record, Process, Wards, Plea, War ’, Writ, Panel, 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 Judgement shall be reversed or annulled. 5. Variance alleged between a Record and the certificate thereof, shall be amended by the Judges. 6. If a Record, Process, Writ, Warrant, Panel, Return; or any parcel thereof be exemplified under the great Seal, and enrolled, for any Error assigned in the said Record, etc. in any Letter, Word, Clause, or Matter varying, or contrary to the exemplification or enrolment, there shall be no Judgement reversed or annulled. 7. The Justices may amend the misprision 8 H. 6. c. 15. 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 joined and entered, 27 El. c. 5. the Judges shall proceed and give Judgement 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 Judgement shall be reversed by Writ of Error, or for any other defect, than 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 9 R. 2. c. 3. Verdict found, or an erroneous Judgement given against the particular Tenant. 2. If the Oath be found false or the Judgement erroneous, and the Tenant still in life, he shall be restored to his possession and issues, and the Reversioner to the arrearages: 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 Judgement or writ of Attaint, if he please. 3. Upon every untrue Verdict before 23 H. 8. c. 3. judges 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 petty 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 marks out of Ancient demesne. 5. The distress shall be awarded 15 days 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 assign the false serement whereunto the petty Jury shall have no other answer (if they be the same persons, and the writ, process and assignment be good) but that they made true serement, which shall be tried 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 bar the attaint; but notwithstanding such plea the grand Jury shall nevertheless inquire 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 incur 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 bar be found against him, the Plaint ’ shall have Judgement 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 lie 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 marks per annum out of ancient demesne, or to be worth a hundred marks in goods, and the forfeiture of each Juror shall be but 5 l. 15. For want of sufficient jurors in one County a Tales shall be awarded into another County at the Discretion of the justices. 16. An attaint shall also lie 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 justices. 17. All Attaints shall hereafter be taken at the King's Bench or common pleas and not elsewhere, and Nisi prius shall be granted upon the distress; at the discretion of the justices also any of the petty jury may appear and answer by attorney. 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 administered. 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 etc. Attorney. 1. ALL Attorneys shall be examined 4 H. 4. c. 14 by the justices, 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 Attorney shall be put out by the like discretion of the justices; and their Masters or Clients shall have notice thereof, lest they be prejudiced thereby. 3. As any dye or cease, the justices shall appoint others, being virtuous, learned, sworn as aforesaid. 4. If an Attorney 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 29 El. c. 5. Law in the King's Bench, common pleas, or Exchequer, where such person is bailable by law, or may appear by Attorney, the person so sued shall at the day contained in the first process appear by Attorney to defend the same, and shall not be urged to personal appearance, or to put in bail to answer the same. 7. The said clause of 29 El. shall only 3. El. c. 10. extend to natural born subjects or free Denizens. Avowry. 1. REcoverers of Lands, Tenements 7 H. 8. c. 4. and Advowsons', their heirs and assigns may distrain for rents, services and customs due and unpaid, and make avowry and Justify the same, and have like remedy for recovering them, as the Recoverers might have had or done, albeit the said recoverers were never seized thereof; and shall also have a Quare impedit for an advowson, if upon avoidance any disturbance be made by a stranger, as the recoverers might have had, albeit they were never seized 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 falsify a feigned recovery had against him in the 21 H. 8. c. 15. reversion, and shall retain and enjoy his term against the Recoverer, his heirs and assigns, according to his Lease. 4. Also the Recoverer shall have like remedy against the termer, his Executors and Assigns 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. 5. No Stat ’ of staple merchant or Execution by Elegit shall be avoided by such feigned recoveries, but such ten’tss shall have like remedy to falsify such recoveries as is here provided for the Lessee for years. 6. Upon a Replevin, an Avowry may 21 H. 8. c. 19 be made by the Lord or Conusee, and justification by his Bailiff 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 pheasant, if the Avowry, Conusance or justification be found for the Defendant, or the Plaint ’ be nonsuit or otherwise barred, the Descend ’ 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, joynders in aid, as at the common Law, notwithstanding this act; pleas of disclaimer only excepted. Bail. 1. NO person arrested upon any writ 13 Car. 2. Sess. 2. c. 2. out of the King's Bench or common pleas, upon which he is liable 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 process specified in any sum above 40ls. unless the cause of action be expressed particularly: and where such cause of action is not expressed, all sheriffs and officers shall let to bail persons arrested upon 40ls. security for their appearance, according to the Stat ’ 23 H. 6. 2. Upon appearance by Attorney in term entered in court, where the process is returnable, the bail 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 term 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 Privilege, or any other attachment for contempt whatsoever, issuing out of any of the said Courts. Bankrupts. 1. IF any person (Subject or Denizen) 13 El. c. 7. exercising trade doth depart the Realm, conceal him or herself, take Sanctuary, suffer him or herself 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 wherever found, and also with the Lands (as well Copy 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 premises to be searched, rent, 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 Copyhold Land shall compound with the Lord for their fines, and then shall be admitted and make fealty according to the Custom of the manor. 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 Assigns. 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 employed 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 employed 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 heirs 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 days 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 Queen's 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 Copy) 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, 1 Jac. c. 15. keep house, absent him or herself, 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 lie in prison 6 months or more, shall be adjudged a Bankrupt. 14. The Bankrupt hereby described shall be proceeded against as is limited by the 13 El. 7. in like manner 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 men's 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 dwelled within one year before he became Bankrupt, he appear not before the Commissioners, they may cause him to be proclaimed at some public 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 lawful 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 indicted 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 assignment they shall be recoverable as their proper debts. 23. No debtor shall be prejudiced by the payment of his debt to the Bankrupt, before he have notice that he is Bankrupt. 24. The Commissioners shall make such account 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 employed by them be sued for any act done by force of the Commission, the Defend ’ may plead not guilty, or Justify, 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 21 Ja. c. 19 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 satisfy 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 bail, 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 incur the punishment inflicted by the former laws, in like cases. 31. The Bankrupt that fraudulently concealeth his goods, or tendereth 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 etc. where his Estate is, or is reputed to be, and then seize 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 Judgement, Recognizances, specialties with penalties or the like, than to other debts. 34. The Commissioners may proceed when the Bankrupt by fraud makes himself accountant to the King. 35. Another man's 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 14 Car. 2. c. 24. 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 money or Merchandise 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 liable to the same. 40. Provided, that persons Trading or trafficking in any other manner, than in the said companies or fishing, shall be liable to the Commission of Bankrupts. Baron and Femme. ALL marriages shall be adjudged 82 H. 8. c. 38. Marriage Lawful, that are not prohibited by Gods Law. Brief. 1. IN Original Writs, where Exigent 1 H. 5. c. 5. 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 13 C. 2. Sess. 2. c. 2. Delays in Execution. 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 entered 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 days 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 21 jac. c. 8. 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 32 H. 8. c. 34. 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 24 H. 8. c. 8. the Defendant, when any Action is sued to the King's use. 2. In personal Actions in the Courts at 43 El. c. 6. 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 sum 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 nonsuit, 4 Jac. c. 3. 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 13 Car. 2. Sess. 2 c. 2. reverse a Judgement after verdict, and the said Judgement is afterwards affirmed, 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 22, 23 Car. 3. c. Battery, and other personal actions, wherein the Judge at the trial of the cause shall not find and certify 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 chiefly 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 1 E. 6. c. 7. any suit betwixt party and party; neither shall the variance between the Original and Judicial process in respect of the King's name ●e material, as concerning any fault to be alleged therefore. 2. Assizes 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, Viscount, Baron, Bishop, Knight, Justice of the one bench or the other, or Sergeant at Law, shall not make the suit abatable. 4. Preferment of a Justice of Assize, 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 Assize, Gaol-delivery, Oyer and Terminer, or Peace, or other of the King's Commissioners shall be discontinued by a new Commission, or by the alteration of any of their names. Court. Admiralty. 1. THe Admiral's Court shall not have 13 R. 2. c. 5. confirmed by 2 H. 4. c. 11. cognizance of any thing done within the Realm, but only upon the Sea. 2. The party grieved upon nonobservance 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 3 H. 7. c 10. confirmed by 19 H. 7. c. 20. 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 nonsuit, 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 nonsuit or overthrown 23 H. 8. c. 15. 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, account 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 8 El. c. 2. the King's 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 days after, or do after declaration delay or discontinue his suit, or be nonsuit, 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 the die in diem, but where they are not so kept, than the plaintiff must declare at the next Court after appearance, unless he have longer time allowed him by the Court. 6. If any shall maliciously (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, etc. shall be allowed. 7. In personal actions in the Courts at 43 El. c. 6. 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 sum of 40 s. or above, the said Judges shall award to the Plaintiff no more costs than damages, but less at their discretion. Default. Appearance. 1. NO Filizer, Exigenter, or other Ossicer whatsoever in any suit 10 H. 6. c. 4. confirmed by 18 H. 6. c. 9 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. Deulse. Testament. 1. EVery person having manors, Lands, 32 H. 8. c. 1. tenements or hereditaments holden in Socage, or of the Nature of Socage tenure, and not having any manors, Lands, etc. holden of the King by Knight's service, Socage tenure in chief, nor of any other person by knight's 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 manors, Lands, etc. at his pleasure. 2. Where the Stat ’ 32 H. 8. c. 1. mentioneth 34, 35 H. 8. c. 5. manors, Lands, etc. of inheritance, it shall be expounded and taken of Estates in fee simple. 3. Every person having a sole Estate in fee simple, or seized in coparcenary, or in common in fee simple, in any manors, Lands, tenements, rents, or other hereditaments in possession, Reversion or Remainder, and having no lands holden of the King, or of any other by Knight's service, may give, dispose, will or devise to any person or persons, (Except bodies Politic 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 jointly, severally, or particularly, or by all those ways or any of them as much as in him of right is, all his said manors, 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 11 H. 7. c. 20. Dower, for life, or in Tail, jointly with her husband, or only to herself, or for her use, in any lands etc. of the Inheritance or Purchase of her husband, or given to the husband and wife by the husband's ancestors, or any seized 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 recovery. 2. Provided, that the woman may enter after the husband's 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 enroled. Dimes. 1. EVery person shall without fraud 2, 3 H 6. c. 13. yield and pay all predial Tithes, as hath been used, or of right or custom they ought to have been paid. 2. None shall take or carry away any Tithes paid, (or that aught to have been paid as aforesaid) before he hath justly divided and set forth for the use thereof, the 10th part thereof, or otherways agreed for the same tithes with the Parson, Vicar, or other owner or proprietor or farmer thereof in pain to forfeit the treble value of the tithes so carried away. 2. At Tything time it shall be lawful for the owner (claiming such predial tithes) his deputy or Servant, to see his said tithes 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 tithes before they be set out, or willingly withdraw his tithes of the same, or other things whereof the tithes ought to be paid, or do let such owner to view, take and carry away such tithes, 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 tithe so taken, lost, withdrawn or taken away before costs of suit to be recovered before such Ecclesiastical Judge according to the Ecclesiastical laws. 4. Tithe of cattle feeding in a waist or common where the Parish is not known, shall be paid by the owner of such cattle in the Parish where he dwells. 5. None shall be compelled to pay tithes for lands, or other hereditaments, which by the Laws and Statutes of the Realm, or by any privilege or prescription, are not chargeable therewith, or are discharged by any composition real. 5. Barren Heath, and waste ground (other than such as be discharged from tithe by Parliament) which hath heretofore paid no tithes 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 tithe before such improvement, they shall only pay that same small tithe during the first 7 years, but afterward shall pay the full tithe according to such improvement. 6. Every person exercising Merchandise, buying and selling, or any other art or fuculty, (being such persons and in such places as heretofore have used to pay personal tithes within 40 years, or of right aught to have paid them, and not day Labourers) shall yearly at or before Easter pay for his personal tithes the 10th part of his clear gains, reasonable charges and expenses being deducted. 7. Handycraft men having used to pay tithes within 40 years shall still pay them. 8. The ordinary hath power to examine him that refuseth to pay his personal tithes by any lawful means otherwise than by his own oath concerning the payment of such tithes. 9 Offerings shall be paid in the place where the party dwells at such 4 offering days as heretofore within the space of 4 years last passed 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 tithes 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 tithes by houses. 12. Suits for substracting or withdrawing of tithes 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 days to certify the Excommunication (after publication at the place or parish where such party dwells) into Chancery, and thereupon to require process 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 copy of the libel 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 libel 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 months' 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, circumspect agatis, Sylva caedua, the treatise de regia prohibition, nor of 1 E. 3. 10. nor to any of them, nor where the King's court ought of right to have jurisdiction. 15. No tithes of marriage goods shall be paid in Wales or the marshes thereof. Dower. jointure. 1. WHere an estate is made in possession, 27 H. 8. c. 10. or use to husband and wife, and his heirs, or the heirs of their two bodies, or to them for their lives, or for the wife's life for her jointure, in any of these cases she shall not have dower: Howbeit, upon a lawful eviction of that jointure, she shall be endowed according to the rate of the husband's land whereof she was dowable. 2. Such a jointure being made after marriage, the wife (after her husband's death) may refuse it and betake her to her dower, unless such jointure be made by Act of Parliament. Entry. 1. Where a disseisor dieth seized of 32 H. 8. c. 33. lands, that descent shall not take away the entry of the disseisee, or his heir, unless the disseisor had peaceable possession thereof five years' next after such disseisin committed. 2. If any prisoner, person for whose 19 Car. 2. c. 11. life or lifes 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, than the tenant or lessee who was ousted, or his Executors etc. 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 etc. or other persons upon action for damages, the full profits, with lawful interest. Error. 1. HE in reversion shall have a writ of Error upon an erroneous Judgement 9 R. 2. c. 3. given against tenant for life. 2. For preventing abatement of writs 16 Car. 2. C. 2. of Error upon Judgement 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 Virtue 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 Chancellor, 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 Chancellor 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 16, 17 Car. 2. c. 8. action, suit, bill, or demand, commenced after the 25th 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, Judgement thereupon shall not be stayed or reversed, for default in form or lack of form, or lack of pledges, or but one pledge to prosecute returned upon the Original writ, or for default of entering 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 Surname, of the plaint ’ or defend ’, demand ’ or Tenant, sum or sums of money, day, month, or year, by the Clerk in any Bill, Declaration, or pleading, where the right name, Surname, sum, day of the month or year, in any writ, plaint, Roll or Record preceding, or in the same Roll or Record, where the mistake is committed, is rightly alleged, whereunto the plaintiff might have demurred, and shown the same for cause: Nor for want of the averrment of Hoc paratus est Verificare per Recordum, or for not alleging, prout patet per Recordum, or for that there is no right Venue, so as the cause were tried by a Jury of the proper County or place where the acted is laid. 4. Nor any Judgement 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 increase of costs after a Verdict in any action or upon a nonsuit in Replevin, are not entered to be at the request of the party for whom the Judgement 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 Trial are altered, shall be amended by the Justices and other judges of the Courts where such Judgements are or shall be given, or whereupon the record is or shall be removed by writ of error. 5. Provided this Act extend not to any writ, declaration or suit of Appeal of Felony or Murder, nor any Indictment nor presentment of Felony, Murder, Treason, or other matter, nor to any process upon any of them, nor to any writ, Bill, action or Information upon any penal Statute, other than concerning Customs and subsidies of Tonnage and poundage. 6. And after the 20th of March 1664. no execution shall be stayed in any of the aforesaid Courts by writ of Error, or supersedeas thereupon after Verdict and Judgement in any action personal whatsoever, unless a recognizance with condition according to the former Statute made 3 Jac. c. 8. shall be first acknowledged in the Court where such Judgement shall be given. 7. In writs of Error to be brought upon any judgement 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 sum as the Court to which such writ of Error shall be directed, shall think fit, with condition that if the Judgement 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, damages, and sums of money as shall be awarded after such judgement 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 inquire as well of the mean profits, as of the damages by any ways committed after the first judgement in Dower or Ejectione firmae: And upon return thereof judgement 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 Tithes) 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 17 Ca●. 2. c. 8. mixed, the death of either party, between the Verdict and Judgement, shall not be Death after Verdict. alleged for error, so as such Judgement be entered 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 20 Car. 2. c. 4. in any Suit or Writ, or Writs of Error in the Exchequer, in the preseuce of the Exchequer. 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 5 El. c. 23. shall be made in Term time, and returnable in the King's Bench the next day after the Teste thereof, having 20 days betwixt the Teste and return. 2. After the Writ shall be sealed, it shall be forthwith brought into the King's 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, etc. shall not be compelled to bring the party arrested into the King's 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 etc. return a non est inventus, then shall issue out of the King's Bench a Capias returnable in term time two months (at least) after the teste thereof, with a Proclamation to be made 10 days (at least) before the return in the County Court, Assize, Gaol-delivery, or Sessions, that the party shall within 6 days 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 etc. 5. If upon the return it appear that the party hath not rendered 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, etc. make a false return upon any of the said Writs, he shall forfeit to the party grieved 40 l. 8. The Bishop's 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 Queen's 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 King's 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 Heresy, 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, Simony, Perjury in the Ecclesiastical Court, or Idolatry, he shall not incur 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 incur 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 3● H. 8 c. 5. 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 days 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 3 Jac. c. 8. 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 sum 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 21 Jac. c. 24. 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 Tithes, promise for payment of money, Trover, Covenant, Detinue, or Trespass, unless such Recognisance in the same Court be first entered 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 16. 17. C. 2 c. 5. 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 17 Car. 2. c. 8. 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 Ordinaries shall depute the next and most lawful friends of the intestate 31 El. 3. c. 11. to administer the goods; which deputies shall have the benefit and incur 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 widow, or next 21 H 8. c. 5. of kin to the intestate, or both as the ordinary shall think fit. 3. The Ordinary or other person enabled 22, 23 Car. 2. c. 10. 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 heir 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 heir 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 heir 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, than one moiety 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 Sister's children; and in case there be no wife, than 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 equal 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 4 E. 3. c. 7. trespass done to their Testator, as for his goods and Chattels carried away in his Life, and shall recover their damage, in like manner as he, whose Executors they are, should have done if he had lived. 9 Executors of Executors shall have 35 E. 3. c. 5. actions of debt, account, and of goods carried away of the first testators, and Execution of Statute Merchants, and recognizances 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 21 H. 8. c. 4. 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 join 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 engrossing thereof be openly read and 1 R. 3. c. 7. 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 lieth, 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 than 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, claim, 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 4 H. 7. c. 24. 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 engrossing 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 engrossed, 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 32 H. 8. c. 36. persons of full age, of Lands entailed before the same Fine, to themselves or to any of their Ancestors in Possession, Reversion, Remainder, or Use, shall immediately after the Fine engrossed and Proclamations made, be a sufficient bar against them and their Heirs, claiming only by such entail, 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 bar the interest of any persons accrued, by reason of any Fine levied by a woman, after her Husband's 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 entailed by the King's 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 13 El. c. 5. 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 conveyance, Bond, Suit, Judgement, or Execution, who being privy thereunto shall wittingly justify 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, 27 El. c. 4. Encumbrance, 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 tail, 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 justify the same to be made bona fide, and on good consideration, to the disturbance and hindrance 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, notwithstanding 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 entered in the Office of the Clerk of Recognizances, taken according to the Statute of 23 H. 8. 6. and the Clerk there (upon showing 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 acknowledgement thereof delivered to be entered accordingly, shall be void against the purchaser of the Lands chargeable therewith, and against his Heirs, Successors, Executors and Assigns. 10. The said Clerk shall within the said six months make entry of every Statute to him delivered, as aforesaid, and shall endorse 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 entered as aforesaid, 20 l. to be divided 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, etc. 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 Assigns, 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 2 H. 5. c. 2. Corpus cum causa. remove one that is in prison upon an Execution at another man's suit, he shall be remanded. 2. No Writ of Habeas Corpus, or other Writ sued forth to remove an Action, shall 43 Fl. c. 5. 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 21 Jac. c. 23 in an inferior Court shall be obeyed, unless delivered to the Steward, etc. 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 Barrister of three years standing is Judge, Recorder, Steward, or etc. or assistant to such Officer there, and not of Council in any action there depending. 7. Neither shall this Act extend to any Action which cannot be tried in such inferior Courts. Hue and Cry. 1. THe Hundred where fresh suit shall 27 El. c. 13. 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 days 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 rob 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. enrolment. 1. BArgains and Sales to an use of Inheritance 27 H. 8. c. 16. of Freehold must be by deed indented and enrolled 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 enrol 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 enrol Deeds or other Writings. justices. NO Lord nor other shall sit upon 20 R. 2. c. 3. Justice of Assize. the Bench with the Justices of Assize, in pain of great forfeiture to the King, and the Justices there commanded not to suffer it. judgement. Judgments given shall continue, and the 4 H. 4. c. 23. parties for whom they are so given, and their heirs shall be in Peace until they shall be attaint, or Error if any be. Ley gager. IN actions of Debt upon the arrearages 5 H. 4 c. 8. 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 Judge's discretion upon examination of the Attorneys (or whom else they please) to receive the defendants to their law, or to try the same by inquest. Libel. A Copy of a Libel grantable in the Ecclesiastical Court shall be presently 2 H 5. c. 3. delivered upon the defendants appearance. Limitation. 1. SEisin in a writ of right shall be 32 H. 8. c. 2. within 60 years before the Teste of the same writ. 2. In a Mortdancester, Cozenage, Ayel, writ of entry sur disseisin, or any other possessory action upon the possession of his Ancestor 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 Cozenage, for rend suit, or services of the seisin of his Ancestor, 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, etc. 7. Provided, that in any of the said actions, avowries, prescriptions etc. the parties grieved may have an Attaint upon a false verdict given. 8. The Statute of 32 H. 8. c. 2. shall not extend 1 P & M. sess. 2. c. 5. 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 alleged 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 21 Jac. c. 16. cause now in esse, shall be sued within 20 years' next after this present Session of Parliament, and for any title or cause hereafter accrueing, within 20 years after such title or cause so accrueing: 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 Manors, 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 entry 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 imprisoned, 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 account (other than such as concern Merchandise) Actions of Trespass, 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 Judgement be given for the plaint ’, and the same be reversed by Error, or a Verdict pass for him, and upon motion in arrest of Judgement 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 Heirs, Executors or Administrators, may commence a new action within a year after such Judgement 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 imprisoned 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 32 H. 8. c. 9 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, embrace 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 Assizes, of the Statutes made against Maintenance, Champerty, 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 31 El c. 12. 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 entered in the Toll-book, and a note thereof delivered 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 stolen horse, if they claim him within 6 months 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, testify to have paid for him. Nonsuit. 1. WHere before Justices of Assize 2 H 4. c. 7. the parties are adjourned for some difficulty 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, 13 Car. 2. Sess. 2. c. 2. 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 following after Appearance, than a Nonsuit for want of a Declaration may be entered against the plaint ’ in the said Courts respectively. Obligation. Sheriffs and other officers shall take 23 H. 6. c. 10. no bond of any arrested person but for appearance, and to themselves only, and shall not take for it more than 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 5 E. 6 c 16. Grant. 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 King's money or revenue, or any Account, Aulnage, Auditorship, or surveying of any of the King's Lands, or any of his customs, or any administration or attendance in any Customhouse, or the keeping of any of the King's 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, Manor, 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 (removable 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 Bailiff of a Corporation, 7 Jac. c. 5. Pleading. Headborough, Portreeve, Constable, Tithingman, or Collector of Subsidies or fifteen, 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, Costs. or the plaint ’ be nonsuit or discontinue his suit, the defendant shall be allowed double costs, to be recovered as costs in other cases given to the defend ’ use to be recovered. 5. The Statute of 7 Jac. 5. is confirmed, and Churchwardens, Sworne-men and 21 Jac. c. 12. 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 laid in the County where the fact was committed, and not elsewhere. 7. The unnecessary charges and tedious 14 Car. 2. c. 21. attendance in passing the accounts of Sheriffs being very burdensome, it is enacted, Sheriffs. that Sheriffs shall not keep tables of receipt for any more than their own family, or retinue, nor shall send any presents to any Judge of Assize nor give any gratuity to any officer, nor have more than 40 man-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 Westmoreland, or any Sheriff of a City and County, or Town and County. 8. Sheriffs in England shall not be charged to answer any illeviable Seizure, Farm, 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 seizures made before the 1 Jac▪ R. 1. and yet remaining upon the Sheriff's accounts, and all seizures 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 farm not particularly set forth, or which hath been unanswered for 40 years past, and all other dead farms and seizures 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 enrol and certify 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 moiety 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 heirs, Executors Lands and tenements, shall be clearly discharged of all accounts and debts whatsoever, unless he be prosecuted and Judgement given within 4 years after the same; and every Officer by whose default process shall be sent contrary to this act, shall incur 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 accounting, who are to account before the respective Auditors as aforesaid. 14. Not to extend to enjoin the Remembrancer to transcribe to the engrosser of the great roll any inquisitions or seizures, but such as have been formerly charged in the foreign accounts of Sheriffs, but Inquisitions upon Attainder and other forfeitures to be put in charge as formerly. 15. Not to exclude his Majesty's Remembrancer from writing forth process for his majesties Debts, duties, outlawries, or other charge or process of Leva: fa. at any person's suit to levy issues of Lands seized, 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 seizure charged in the great Roll of the pipe by any record of the King's Remembrancer, nor any proceedings thereupon be stayed, compounded, or discharged, by order of any Judgement entered in the said office of the King's Remembrancer, where the Original of such debt or charge remains. 17. If any debts, seizures, fines, or other be not levied and paid upon process of Summons of the pipe, the Clerk of the pipe shall the next term after return of such process certify the office of the King's Remembrancer, who shall issue process for levying the same. 18. Ancient and lawful fees belonging to the King's 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 31 H. 8. c. of any inheritance in their own right, or in right of their wives, in any manors, 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 heirs to dereigne warranty and to recover pro rata as coparceners use to do. 3. joint-tenants, and Tenants in 32 H. 8. c. 32. common, that have inheritance or freehold in any manors, 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 heirs and Assigns. Pleading. 1. ALL pleas which shall be pleaded 36 E. 3. c. 15. in any Court whatsoever, within the Realm, shall be pleaded, showed, depended, answered, debated, and judged in the English tongue, and entered and enroled in the Latin. Howbeit the Laws and Customs 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 enrolment of the Letters patents by H. 8. E. 6. 13 El. c. 6. Q. M. P. and M. Q. El. or any of them, since the 4th of Februrary in the 27 H. 8. or hereafter to be granted by the Queen, her Heirs, or Successors, shall be of as good force to be pleaded, or showed in behalf of the Patentees, their heirs, Executors and assigns, 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 heirs and Successors, and all other persons whatsoever, as if the Letters patents themselves were produced. Policies of assurance. 1. THe Lord Chancellor, or Lord 43 El c. 12. Keeper shall award a standing commission (to be yearly renewed, 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 entered in the office of Assurance in London. 2. This Commission shall be directed to the Judge of the Admiralty, 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 plead 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 public 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 satisfy the sentence so awarded, or deposit 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 affirm 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 14 Car. 2. c. 23. 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 always 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, etc. 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 32 H. 8. c. 28. A fair Leases. him who is seized 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, etc. nor to any Lease of any Manors, Lands, etc. which have not been let to farm, or occupied by Farmer's 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, etc. so let, after the death of such Lessor, or his Heirs, may have such remedy against such Lessee, his Executors and Assigns, as such Lessor might have had against such Lessee. 3. That all Leases made by the Husband, of Manors, Lands, etc. (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, etc. 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 signs, now have the possession by force of such Lease or Leases, and no cause of reentry 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 freehold 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 Wife's inheritance by the Husband, Wife, for 21 years or under, or three lives; whereupon the accustomed yearly rend 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 Archbishop, 1 Eliz. c. 9 or other Bishop, of any Manors, Lands, etc. parcel of the possessions of their Bishopric, or united or appertaining thereunto, to any person or persons, body Politic 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 rend 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 13 El. c. 10. any College, Dean and Chapter of any Cathedral or Collegiate Church, Master or Guardian 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 College, 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 College 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 rend than is thereby reserved. 13. All Leases made by such persons 18 El. c. 11. as are mentioned in 13 El. 10. where another Lease is in being not to be expired, surrendered 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 Churchwardens, 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 Tithes, and for the Churchwardens 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 committed by the Ordinary, and then the Churchwardens or Parishioners are to account to him or them to whom such sequestration shall be committed, and he or they shall employ 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 recovered in the Ecclesiastical Court by the Poor of the Parish. 1 Jac. c. 3. 15. All assurances of Bishop's Lands to the King shall be void. Process. 1. LIke Process shall be hereafter had 19 H. 7. C. 9 in actions upon the Case sued in the King's Bench, or Common pleas, as in actions of Trespass or Debt. 2. Original writs may be sued upon personal actions in the Fleet, and an Habeas 13 Car. 2. sess. 2. c. 2. corpus granted to bring them to the bar to answer any suit and Declaration; being put in, and the defend ’ not pleading Judgement may be entered 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 Diocese or peculiar jurisdiction 23 H. 8. c. 9 Citation. where he or she liveth, except by some Ecclesiastical, or other person within the Diocese, or other jurisdiction wherein he is so cited, for some offence or cause committed, or omitted, contrary to right or duty, or upon an appeal or other lawful cause, or when the Judge dares not, nor will not cause him to be cited, nor is any way party to the suit, or at the Instance of the Inferior Judge to the Superior, 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 Archbishop may cite for heresy in any Diocese 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 23 H. 8. c. 6. and common Pleas, or either of them, or (in their absence out of the Term) the Major of the Staple at Westminster, and the Recorder of London, jointly together, shall have power to take recognizances for the payment of debts in this form following. Noverint universi per praesentes nos A. B. and D. C. teneri & firmiter obligari Joanni Style in cent ’ libr ’ Sterling solvendis eidem joanni, aut su● cert ’ Attornat ’ hoc script ’ ostend ’ haered ’ vel Execut ’ suis in tall ’ fest ’ etc. proxim ’ futur ’ post that ’ present ’, & si defecero, vel defecerimus in solutione debit ’ predict ’ 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 etc. 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 Clerk of the Recognizances (to be also appointed by the King) or his sufficient deputy or deputies shall write and enrol 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 Clerk, or his deputy 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 deputy (at the request of the Creditors, their Executors or Administrators) shall certify 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 heirs, executors and Administrators, such process, 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 process for the execution of every such obligation, the King shall have a halfpenny 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 recognizance, 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, etc. shall be allowed. Recoveries. 1. A Termer for years may satisfy a 21 H 8. 15. feigned Recovery had against them in the Reversion, and shall retain and enjoy his Term against the Recoverer, his Heirs and Assigns, according to his Lease. 2. Also the Recoverer shall have like remedy against the Termer, his Executors or Assigns, 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 falsify such Recoveries as is here provided for the Lessee for years. 4. No feigned recovery hereafter to 34 & 35 H. 8. c. 20. 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 recovered 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 recompense 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, etc. 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 courtesy, tenants in tail, after possibility, etc. 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 seized, 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, etc. 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 Queen's Courts, shall be good against the party so assenting. Rents. 1. THe Executors or Administrators of tenant in fee-simple, in fee-tail, 23 H. 8. c. 37. 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 arrearages 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 arrearages 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, etc. at their first entry into the same, any sum or sums 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 wife's life, such Husband, after the death of his wife, his Executors and Administrators shall have an action of debt for the said arrearages against the tenant of the demesne that aught 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 arrearages due and unpaid in the life time of cestuy que vie. Repleader. 1. IN all Actions after issue had, there 32 H. 8. c 30. shall be Judgement given, notwithstanding any mispleading, lack of colour in sufficient pleading, or Jeofail, miscontinuance, discontinuance, misconveying of Process, misjoining 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 Councillors 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 entered of Record for every Action or Suit wherein he is named Attorney, to the Officer or his Deputy ordained for the receipt and entering thereof in the same term, when the issue of the said Action is entered 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 17 Ca●. 2. c. 7. 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 King's 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 inquire by the Oaths of 12 good and lawful men of his Bailywick touching the sum in arrear at the time of such distress taken, and the value of the goods or chattels distrained; And thereupon 15 days 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 arrearages of such rent, in case the Goods or Cattle distrained shall amount unto that value; and if they amount not to that value, than 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 nonsuit after conusance or avowry made, and issue joined, or if the Verdict shall be given against such Plaintiff, than the Jurors that are impanelled or returned to inquire of such Issue, shall at the prayer of the Defendant inquire concerning the sum 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 Arrearages, or so much thereof as the Goods or cattle 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 inquire of the value of such distress: And upon return thereof Judgement shall be given for the avowant, or him etc. for the arrears alleged to be behind in such avowry or Conusance, if the goods, or cattle so distreined amount to that value: And if they shall not amount to that value, then for so much as the said goods or cattle 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 cattle distreined as aforesaid shall not be found to be to the full value of the arrears distreined for, that the party to whom such arrears were due, his Executors or Administrators, shall from time to time distrein again for the residue of the said arrears. Resceipt. 1. IF any tenant for life, in Dower, by the law of England, or in tail after 13 R. 2 c. 17. 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. Simony. 1. IF any person or persons having election 31 El. c. 6. or voice in the nomination or choice of any person to have place in any Church, College, 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 voice, 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 appertains 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, do 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 void, and from thenceforth the Queen, her heirs 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, install, 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 etc. shall be void; and then the patron or other person to whom the next gift appertains, may present or collate thereunto. 8. Howbeit no lapse shall incur upon any such violence until 6 months after notice given by the Ordinary to the Patron. 9 If any Incumbent of any benefice with cure of souls shall corruptly resign 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 etc. 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 farm (to himself, or any other 21 H. 8. c. 13. for his use) any lands or other hereditaments for life, year or at will, in pain to forfeit 10 l. for every month 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 farm any temporalties (during the time of vacation) of any Archbishoprics, Bishoprics, Abbeys, Priories, or Collegiate, Cathedral or Conventual Churches, 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 cattle, 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, Precedents and Masters of Colleges and Hospitals, and all other spiritual Governors 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 passed, 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 expenses of their Houses, and for their Carriages and Journeys, take in farm other Lands, and buy and sell Corn and cattle 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 Licence, Union, or other Dispensation to the contrary notwithstanding. 8. Every Licence, Union or other Dispensation obtained contrary to this Act shall be void, and none shall obtain from Rome or elsewhere any Licence, 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 King's Council may purchase Licence or dispensation to keep three Benefices with cure; and the Chaplains of the King, Queen, King's 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 Marquis and Earl five; a Viscount and other Bishop four; the Chancellor, Baron, and every Knight of the Garter three; every Duchess, Marchioness, Countess and Baroness, being Widows, two; the controller and Treasurer of the King's household, the King's Secretary and Dean of his Chapel, the King's Almoner and Master of the Rolls, each of them two; and the chief Justice of the King's 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 Licence or Dispensation to keep as many Benefices with cure as the Chaplains of a Duke or Archbishop; 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 Bachelors of Divinity, Doctors of Law, and Bachelors of Law Canon, admitted to their degrees by any of the Universities of this Realm and not by grace only, may purchase such Licence 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 incur 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 elsewhere) any Licence or dispensation for nonresidence, in pain of 20 l. to be forfeited as aforesaid. 18. Howbeit this Act shall not extend to any Spiritual person in the King's service beyond Sea, or upon any Pilgrimage beyond Sea, during the time that he shall be in the King's 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 Queen's Chaplains in ordinary, neither yet to any of the abovesaid Chaplains which shall daily attend upon their Lord or Master's households, 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 Archbishop 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 King's Council, to daily appearance to answer the Law, so long as he shall be so enjoined. 19 Also a Spiritual person (being the King's Chaplain) may accept (of the King's gift) any Benefices to what number soever without incurring the penalty of this act; and also the King may licence his Chaplains for nonresidence upon their benefices, notwithstanding this act. 20. No Spiritual person shall take in farm 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 Brewhouse in pain to forfeit for every month so keeping the same 10 l. to be divided as aforesaid: howbeit he may make a Brewhouse for his own private use. 23. Every Duchess, Countess, Marchioness or Baroness, being widows, shall retain their privileges 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 marks) may keep so much thereof as may be necessary for the maintenance of their household, 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 nonresident. 25. Every Spiritual person above the 28 H. 8. C 13. age of 40 years, (the Chancellor, Vicechancellor, Comessary, Rulers of Colleges and Halls, Doctors of the Chair, and readers of Divinity in either of the Universities only excepted) shall be resident upon one of their Benefices according to the statute of 21 H. 8. 13. upon pain therein provided for nonresidence. 26. Also every Beneficed person under the age of 40 years abiding in either of the Universities shall not enjoy the privilege of nonresidence 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 perform the Exercises according to the Statutes of the University where he so abides. 27. This Statute shall not extend to any Reader of any Public Lecture in Divinity, Law, Physic, 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, Physic, 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 19 Car. 2. c. 11. beyond sea, or hath absented himself by the Challenge. 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 copy for lives, who upon proof shall be set aside as in other challenges. 2. A Tales de circumstantibus may upon 4, 5 P. M. c. 7. inquest for the King or Queen by any Authorised thereunto, or Assigned by the Tales. Court, or upon request by the prosecutor or his Attorney, and by the command of the Justices of Assize 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 14 El c. 9 granted by the Justices of Assize 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 trials. Uses. 1. WHere any person or persons stand or are seized of any 7 H. 8. c. 10. Honours, Manors, 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 politic, 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 politic having such use, confidence and trust in fee-simple, fee-tail, for life or years, or otherways, or any use, confidence or trust in Remainder or Reversion, shall stand and be seized, deemed and adjudged to be in lawful seizure, estate and possession of and in the Honours, Castles, etc. 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 seized of any lands, tenements or hereditaments to the use, confidence or trust of any such person or persons, or body politic, 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 seized 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 etc. of all other (except the person so seized to any use or trust) is saved, and all former right, title etc. is also saved to them. 4. Where any be seized 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 nonpayment of the said rend, and make Avowries, Conusances and Justifications, and use all other remedies 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 31 El. c. 3. 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 month 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 adjoining 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 form 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 satisfy 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.