Page:Ruffhead - The Statutes at Large - vol 2.djvu/316

. f. 7 *. Co. Lit. 289. ,13 Ed. i.ftit 278 C. 6j 7. Anno tricerimo fecundo Henri ci VIII. AgrD. 1540. 2 BuHt. 97. That if hereafter any fuch Lands, Tenements or Hereditaments, as be, or fhall be had and delivered toany (oil) U 1 ,3. -Perfon or Perfons i'n Execution, as is aforefaid, upon any juft and lawful Title, Matter, Condition or Caufe, i"- 354-- wherewithal the faid Lands, Tenements and Hereditaments were liable, tied and bound at fuch Time as they were delivered and taken into Execution, fhall happen to be recovered, lawfully diverted, taken or evicted out of and from the Poffeffion of any fuch Perfon and Perfons, as now have arid hold, or hereafter fhall have and hold the fame in Execution,, as is aforefaid, without any Fraud, Deceit, Covin, Collufion or other Default of the faid Tenant or Tenants by Execution, before fuch Time as the faid Tenants by 'Execution, their Executors or Affigns, fhaU have fully and wholly levied or received the faid whole Debt and Damages, for the which the faid Lands, Tenements and other Hereditaments were delivered and taken /, Go. 66. i n Execution, as is aforefaid ; then every fuch Recoverer, Obligee and Recognizee,_ fhall and may have and purfue a Writ of Scire facias out of the fame Court from whence the faid former Writ of Execution did proceed, (6) againft fuch Perfon or Perfons as the faid Writ of Execution was firft purfued, their Heirs, Executors or Affigns, (7) of fuch Lands, Tenements or Hereditaments as were or been then liable or charg- •the Date of the fame Writ ; (9) at which Day if the Defendant, being lawfully warned, make Default, or appear and do not fhew and plead a fufficient Matter or Caufe (other than the Acceptance of the faid Lands, Tenements or Hereditaments by the faid former Writ of Execution) to bar,_ avoid or difcharge the faid Suit for the Refidue of the faid Debt and Damages remaining unlevied or unreceived by the faid former Execution, then the Lord Chancellor, or other fuch Juftice or Juftices before whom fuch Writ of Scire facias fhall be returnable, fhall make eftfoons a new Writ or Writs out of the faid former Record of Judg- ment, Statute Merchant, Statute Staple or Recognizance of like Nature and EffecT: as the faid former Writ of Execution was> for the levying of the Refidue of all fuch Debt and Damage as then fhall appear to be> Farther Prrvi- un l e vied, unfatisfied or unpaid of the whole Sum or Sums in the faid former Writ of Execution contained; fans relating to. Law, Cuftom, or other Thins to the contrary heretofore ufed in any wife notwithftanding. gxeattiavs, 2,. ^ ' ° J 'Jac. I, e. 13. 3 Jac. I. c. 8. 21 Jac. 1. c, 24. 16 fif 17 Car. 2. c. 5. (tah'icb is made perpetual ty 22 6? 23 Car. 2. c. z.J i5 & 17 Car. 2. c. 8. and 29 Car. 2. c. 3. CAP. VI. REP. 4 Jac. 1. Whofoever fhall deliver any Horfe into Scotland, or the batable Ground, to theUfe of a Scottijb Man, with- c '• out the King's Licence, fhall be adjudged a Felon, and the Wardens of the Marches may hear and de- 23 H. s. c. 16. termine fuch Felonies. i tliz. c. 7. CAP. VII., For the true Payment of Tithes and Offerings. ThisAa is con- * K7 HERE divers and many Perfons inhabiting in fundry Counties, and Places of this Realm, and other firmed and en- '- VV the King's Dominions, not regarding their Duties to Almighty. God, and to the King our Sove- krged by 2 & 3 'reign Lord, but in few Years paf? more contemptuou.fly and commonly prefuming to offend and infringe jgVJ c ' J f f al ' the good and wholfome Laws of this Realm, and gracious Commandments of our faid Sovereign Lord, e. 7.'" • • ' 3 ' '-than in Times part hath been feen or known, have not letted to fubtraft and withdraw the lawful and 45 Ed. 3. c. 3. ' accuftomed Tithes of Corn, Hay, Pafturages, and other Sort of Tithes and Oblations commonly due to 5//. 4. c. 11. ' the Owners, Proprietaries and Poffeffors of the Parfonages, Vicarages and other Ecclefiaftical Places of 'and within the faid Realm and Dominion's, (2) being the more encouraged thereunto, for that that divers ' of the King's Subjects, being lay Perfons, having Parfonages, Vicarages and Tithes to them, and to ' their Heirs, . or to them, and to their Heirs of their Bodies lawfully begotten, or for Term of Life, or ' Years, cannot by the Order and Courfe of the Ecclefiaftical Laws of this Realm, fue in any Ecclefiafti- ' cal Court for the wrongful withholding and detaining of the faid Tithes or other Duties, ( nor cannot ' by the Order of the Common Laws of this Realm have any due Remedy againft any Perfon or Perfons, '* their Heirs or Affigns, that wrongfully detaineth or vvithholdeth the fame ; (4) by Occaficn whereof much ' Controverfy, Suit, Variance and Difcord is like to infurge and enfue among the King's Subjects, to the a Jo/). 613. ' great Detriment, Damage and Decay of many of them, if convenient and fpeedy Remedy therefore be ' not, had and provided :' Tithes fhall be H. Wherefore it is ordained and enacted by our faid Sovereign Lord the King, with the Affent of the paid according to Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority, the Pa^iirTwherc °* tnc ^ ame ' That all and fingular Perfons of this his faid Realm, or other his Dominions, of what Eftate, they be due. Degree or Condition foever he or they be, fhall fully, truly and effectually divide, fet out, yield or pay all and lingular Tithes and Offerings aforefaid, according to the lawful Cuftoms and Ufages of the Parifhes and Places where fuch Tithes or Duties fhall grow, arife, come or be due ; (2) and in cafe that it fhall hap- pen any Perfon or Perfons, of his or their ungodly or perverfe Will and Mind, to detain and -withhold any of the faid Tithes or Offerings, or any Part or Parcel thereof, then the Perfon or Party, being ecclefiaftical Cm. El. 607. or lay Perfon, having Caufe to demand or have the faid Tithes or Offerings, being thereby wronged or TheOftender grieved, fhall and may convent the Perfon or Perfons fo offending before the Ordinary, his Commiffary, or convemed betore otner competent Minifter, or lawful Judge of the Place where, fuch Wrong fhall be done, according to the '' Ecclefiaftical Laws ; (?,) and in every fuch Caufe or Matter of Suit, the fame Ordinary, Commiffary, or other competent Minifter or lawful Judge, having the Parties or their lawful Procurators before him or them, fhall and may by Virtue of this Aft proceed to the Examination, Hearing and Determination of every fuch Caufe or Matter ordinarily or fummarily, according to the Courfe and Procefs of the faid Eccle- fiaftical Laws, and thereupon may give Sentence accordingly. III., And
 * 1) Cra. 693. e d to the faid Execution, (3) returnable into the fame Court at a certain Day, being full forty Days afkr