Page:Ruffhead - The Statutes at Large - vol 2.djvu/367

 A. D. 1541. Anno triccfimo tcrlio II:. n ru ci VIII. C. 39. 329 ftandeth boundcn to our faid Sovereign Lord the King, | .t or D long, fuch i car and Day did give the fame Debt or De] 1 1 unto the King, or was attainted, outlawed, or other Offence, Forfeiture, Deed, Act, or Thing committed or doc 11 1 mi-, .iinl ought to remain, come, and bcto the King. {?.) And that the lame Ma; i (hewed, alledged, or declared in a generality, without (hewing and declaring the Circumftano • (hall be of as good Force and Effect in the Law to all Intents, Conftruetion i and Purpofes, as if the whole 1 thereof had been or were alledged and declared at large in every Point, according to the due Order v the Common Laws of this Realm. LXXIV. And be it alfo enacted by the Authority aforefaid, That if any Suit he commenced ortal.cn, '-' or any Procefs be hereafter awarded for the King, for the Recovery of any of the King's Debts, that th the fame Suit and Procefs (hall be preferred before the Suit of any Perfon or Perfons : (2) And that our faid '.-" :i Sovereign Lord, his Heirs and Succeflbrs, fhall have firft Execution againft any Defendant or Defendants, 9 h. -. of and for his faid Debts, before any other Perfon or Perfons, fo always that the King's faid Suit be taken c. 18. and commenced, or Procefs awarded for the faid Debt at the Suit of our faid Sovereign Lord the King, his Heirs or Succeflbrs, before Judgment given for the faid other Perfon or Perfons. LXXV. And be it enacted alio by Authority aforefaid, That all Manors, Lands, Tenements, Poffef- Tenant in fions and Hereditaments, the which now be, or that hereafter fhall come or be, in or to the Hands, Pof- D »Aii ktlion, Occupation, or Seifin of any Perfon or Perfons, to whom the fame Manors, Lands, Tenements or K nln Debt* to Hereditaments have heretofore or hereafter fliall defcend, revert or remain in Fee-fimple, or in Fee-tail the Ring, general or fpecial, by, from, or after the Death of any his or their Anceftor or Anceftors as Heir, or by « Roll 9;- Gift of his Anceftors whofe Heir he is, which faid Anceftor or Anceftors was, is, or fhall be indebted to 2 Ro11 + 10 ' i the King, or to any other Perfon or Perfons to his Ufe, by Judgment, Recognizance, Obligation, or other Specialty, the Debt whereof is or fhall not be contented and paid ; that then in every fuch Cafe the I fame Manors, Lands, Tenements, Pofleffions and Hereditaments, fliall be and ftand, by Authority of this Act, from henceforth charged and chargeable to and for the Payment of the fame Debt, and of every Part j thereof. LXXVI. And that our faid Sovereign Lord, his Heirs and Succeflbrs, at any Time hereafter fhall not be T hc Kin s'« haired, delayed, foreclofed, or excluded, to demand, have and receive his or their juft, due, and lawful thc^r^u^ Highncfs, or to other Perfons to his Ufe, or which fliall he indebted to his Highnefs, his Heirs or Sue- be not named, ceflors, albeit this word Heir be not or fliall not be comprifed in fuch Recognizance, Obligation or Spe- L3nc 5 1 - cialty, or that any fuch Perfon or Perfons fhall fay or allcdge, that he or they have not any Manors, Lands, Lands imsileJ Tenements or Hereditaments to them defcended, but only fuch Manors, Lands, Tenements or Heredita- chargeable, ments, as be or fliall be intailed or given to them by any their Anceftors to whom they be Pleirs ; any Laws, Ufes or Cuftoms before this Time ufed or had to the contrary notwithftanding. LXXVII. Provided always, That the King's Majefty, his Heirs and Succeflbrs, may at his or their Li- The King may berty and Pleafure demand, have and recover his or their faid Debt or Debts, of and againft any Executor or char ge the Exe- Executors, Adminiftrator or Adminiftrators of any fuch Perfon or Perfons, which is, hath been, or fliall nM°rators A """ be indebted in Manner and Form abovefaid, if the fame Executor or Executors, Adminiftrator or Admini- Savil 13.' fixators, fliall have Ailets in his or their Hands, in Deed or in Law ; any Thing before mentioned to the con- trary notwithftanding. LXXVIII. Provided alfo, That if the faid Manors, Lands and Hereditaments, or any of them, fliall T h he r Ll ^ ds "^ hereafter be recovered or evicted out of or from the PolTeflion of any fuch Perfon or Perfons, by any juft or thc"Kin 'co- former Title, without Fraud or Covin, whofe Manors, Lands, Tenements or Hereditaments been or fhall ver ed. be charged or chargeable, as is abovefaid ; that then all and every fuch Manors, Lands and Hereditaments, Savil u. fliall be clearly acquitted and difcharged of and for the Payment of the fame Debts, and of every Part there- of; any Thing before mentioned to the contrary notwithftanding. LXXIX. Provided alway, and be it enacted by the Authority aforefaid, That if any Perfon or Perfons, Sufficient Matter of whom any fuch Debt or Duty is, or at any Time hereafter fliall be, demanded or required, alledge, plead, P'" ded i " D "- 1 declare or fliew, in any of the faid Courts, good, perfect and fufEcient Caufe and Matter in Law, Reafon Deb?" ' ™ or good Confcience, in Bar or Difcharge of the faid Debt or Duty, or why fuch Perfon or Perfons ought i Mod. 24S, > not to be charged or chargeable to or with the fame: And the fame Caufe or Matter fo alledged, pleaded, 7 Co. 19. declared or {hewed, fufficiently proved in fuch one of the faid Courts, as he or they fliall be impleaded, fued, vexed, or troubled for the fame ; that then the faid Courts, and every of them, fliall have full Power and Authority to accept, adjudge, and allow the fame Proof, and wholly and clearly to acquit and difcharge all and every Perfon and Perfons that fliall be fo impleaded, fued, vexed, or troubled for the fame ; any Thing in this prefent Act before mentioned to the contrary notwithftanding. LXXX. Provided alfo, and be it enacted by the Authority aforefaid, That if any Manors, Lands, Te- LsnJs chargeable nements or Hereditaments, which be, or at any Time hereafter fhall be charged or chargeable to or with to the King in the Debt of our raid Sovereign Lord, his Heirs or Succeflbrs, and be at any Time hereafter or fliall be in fevcral Mens. the Seifin and Polteffion of divers and fundry Perfons, other than the Obligor or Obligors, that then all Tenures. and Angular the faid Manors, Lands, Tenements and Hereditaments, and every Parcel of them, fhall be wholly and entirely,' and in no wife feverallv, liable and chargeable to and with the Payment and Pay- Vol. U. U u ments
 * Debts and Duties againft any of his Subjects, as Heir or Heirs to any Perfon or Perfons indebted to his j n theBond°he