Page:Ruffhead - The Statutes at Large - vol 2.djvu/116

 7 § C. 17—20. Anno quarto Henrici VII. A.D. 1487. Ferm of them alfo chofen be not above the yearly Value of *• Marks, to hold after the Form of his Leafe; (6) and the Remnant from the Feaftof St. Michael die Archangel, which ft all be in the Year of our Lord M.CCCC.XC. to ceafe, and be utterly void; and the Occupier and Fermer of them from thence be difcharged againft his Leffbr of the Rent referved upon the fame Leafes; (7) and if any Perfon do hereafter to the con- A Remedy for t rary of this Act, that then the Leffee in that Behalf ftall forfeit to the King for every fuch Taking *■. li. them which / 8 > provided always, That they which have paid any Fines, or made any Building, or done great Repara- tive been at v.^ op - ofl fuch Y erm, and be put from the faid Ferm by Reafon of this Aft, ftall be recompenfed for h Charge with their Ferms, tion upon any fuch Ferm, and be put from the faid Ferm by Reafon of this Act, ftall be recompenfed for fuch Building or Reparation, as right and good Confcience require; that Recompence to be adjudged by the and then be' Difcretion of the Captain of the faid Ifle for the time being, or his Lieutenant of the fame in his Abfence. put from them. S S H.8. c. ,3. CAP. XVII. OB « H 8 The Charges and Benefit of the Heir of Cejlul que ufe. The Heir of Ceftui que ufe holding his Lands by c 10. is Car, -Knights Service within Age, ftall be in Ward; and of full Age, ftall pay Relief. The Heir ftall have 2. c.14. an Action of Wafle againft his Guardian committing Wafte. Damages for the Defendant in a Writ of 5 *. H. 3. c. 6. R j h f WarcL 4 Infl. 196. => . Kel. 86. 12 H. 7. f.19. 13H. 7. f. 11. 1R.3. c. 1. 19H. 7. c. 15. 34H. 8. c. 5. Co. Lit. 84. b. CAP. XVIII. ^Ti. 1 i^Mar. The Forging of the Coin of other Realms allowed to be current in this Realm ftall be Treafon. ielT. i, c. i. CAP. XIX. Rep. 39EI.C. 1. The Penalty for decaying of Houfes of Hufbandry, or not laying of convenient Land for the Maintenance of & «j J ac - *• the fame. See Appendix. c. a'o, CAP. XX. Actions popular, profecuted by Collufion, fhall be no Bar to thofe which be purfued with good Faith. ' X afore this Time made, for the Reformation of Extortions, Maintenances, Oppreffions, Injuries, Ex- ' actions, and Wrongs ufed and committed within this Realm, (2) which Actions been very penal to all . ' Mifdoers and Offenders in fuch Actions condemned, and much profitable as well to the King, as to every f of his Subjects that them will fue and maintain, if the fame Actions fo fued and commenced might be The Enormities ' truly purfued without Covin or Collufion. (3) But now it is fo commonly ufed within this Realm, that of Collufion ' if any fuch Offenders offending in Cafes where any of the faid Actions lie, then the' faid Mifdoers or Of- praftifed in fumg c f en( ] erS5 i n efchewing to leefe the faid Penalties, will caufe an Action popular to be commenced againft Tulfr, S F< " ' them b y Covin of the Plaintiff > u P on that Cafe wherein they have fo offended; (4) or elfe if any fuch ' Action popular be commenced againft any fuch faid Offender by good Faith, then the fame Offender will ' delay the laid Action, either by Non-appearance or by Traverfe, and, hanging the fame Action, the fame ' Offender will caufe like Action popular to be brought againft him by Covin, for the fame Caufe and Of- ' fence that the firft Action was fued, and then by Covin of the Plaintiff in that fecond Action he will be ' condemned, either by Confeflion, feigned Trial, or Releafe; (5) which Condemnation or Releafe, fo ' had by Collufion and Covin pleaded by the faid Offender, ftall bar the Plaintiff in the Action fued in ' good Faith; (6) and by thefe fubtil Means of Collufion and Covin the faid good Acts and Statutes fel- ' dom been executed againft fuch Offenders which caufeth them to be bolder to offend the King, as well in ' breaking of the faid Statutes, Laws, and Peace, as in robbing, murdering, Exactions taking, Quarrels ' maintaining, and the King's poor Subjects by Extortion and many other unlawful Means oppreffing :' Recovery in an (7) Therefore the King our Sovereign Lord, in reforming of the PremifTes, by the Advice and Affent of Aflion popular the Lords Spiritual and Temporal, and at the Requeft of the faid Commons, in this faid prefent Parliament by -Covin, or a^ a lfembled, and by Authority of the fame, hath ordained, eftabliftcd, and enacted, that if any Perfon or is^no' Plea in an Perfons hereafter fue with good Faith any Action popular, and the Defendant or Defendants in the Action fued with fame Action plead any Manner of Recovery of Action popular in Bar of the faid Action, or elfe that the good Faith. fame Defendant or Defendants plead, that he or they before that Time barred any fuch Plaintiff or Plain-
 * T TEM, That where Actions popular in divers Cafes have been ordained by many good Acts and Statutes
 * tiffs in any fuch Action popular, that then the Plaintiff or Plaintiffs in the Action taken with good Faith

may aver, that the faid Recovery in the faid Action popular was had by Covin, or elfe to aver that the faid Plaintiff or Plaintiffs was or were barred in the faid Action popular by Covin, that then, if afterward thefaid Collufion or Covin fo averred be lawfully found, the Plaintiff or Plaintiffs in that Action fued with good Faith, ftall have Recovery according to the Nature of the Action, and Execution upon the fame in ThePuniftment like wife and Effect, as though no fuch Action afore had been had. (8) And moreover, that it is enacted ^ ^attainted of ani ^ or dained DV the Authority aforefaid, That in every fuch Action popular, wherein the Defendant or Collufion.' Defendants ftall be lawfully condemned or attainted of Covin or Collufion, as is afore faid, that every of the fame Defendants have Imprifonment of Two Years by Procefs of Capitis and Outlagary, to be fued within the Year after fuch Judgement had, or at any Time after, till the faid Defendant or Defendants fhall be had and imprifoned, as is afore faid, and that as well at the King's Suit, as of every other that will fue No Releafe of a; u tnat jj e j ia if; (0} And that no Releafe of any common Perfon hereafter to be made to any fuch Party, common ferlon * ' 1 1 * 4 whether