Page:Ruffhead - The Statutes at Large - vol 2.djvu/428

 39° C. 8. Anno primo Edwardi VI. A. D. i 547- Cro. Gar. ic$. Preferment of the Plaintiff to a Name of Dig- nity. • Preferment of a Juftice or Com- miffioner to a Name of Dig- nity. .Altered as to Sheriffs by I M> feff. 2. c. 8. New Juftices may give Judg- ment of a Pri- foner found guilty of Fe- lony and re- prieved. 4 Inft. 691. Bro. Commif. 11. No Suit before Juftices ftall be difcontinued by a newCommifiion. 11 H. 6. c. 6. ScezSc 1 Ph. & M. c. 18. tobkb provides that a Co, ftmclions and Purpofcs ; the Death, new Commiffion, Afibciation or not coming of the fame Juftices, or any of them, in any wife notwithstanding. III. And over that, be it ordained and enacted by the Authority aforefaid, That albeit any Demandant or Plaintiff in any manner of Action, Bill or Suit, fhall fortune to be made or created Duke, Archbifhop, Marqucfs, Earl, Vifcount, Baron, Bifhop, Knight, Juftice of the one Bench or of the other, or Serjeant at the Law, depending the fame Adrian, Bill or Suit, yet that notwithftanding, that no Writ, Action or Suit fhall for fuch Caufe in any wife be abatable or abated, but fhall remain in like Force, Goodnefs and Strength as the feme was before ; any Law or Ufage to the contrary in any wife notwithftanding. IV. And alfo be it ordained and enacted by the Authority aforefaid, That albeit any Perfon or Perfons, being Juftice of AfTize, Juftice of Gaol-delivery, or Juftice of Peace, within any of the King's Dominions, or beinf in any other of the King's Commiffions whatfoever, fhall fortune to be made or created Duke, Archbiinop, Marquefs, Earl, Vifcount, Baron, Bifhop, Knight, Juftice of the one Bench or of the other, Serjeant at Law or Sheriff, yet that notwithftanding, he and they fhall remain Juftice and Com mi (doner, ■ and have full Power and Authority to execute the fame, in like Manner and Form as he or they might or ought to have done before the fame. V. And be it ordained and enacted by the Authority aforefaid, That in all Cafes where any Perfon or Perfons heretofore have been, or hereafter fhall be, found guilty of any manner of Treafon, Murder, Man- flaughter, Rape or other Felony whatfoever, for the which Judgment of Death fhould or may enfue, and ihall be reprieved to Prifon without Judgment at that Time given againft him, her or them fo found guilty, that thofe Perfons that at any Time hereafter fhall by the King's Letters Patents be affigned Juftices to deliver the Gaol where any fuch Perfon or Perfons found guilty fhall remain, fhall have full Power and Authority to give Judgment of Death againft fuch Perfon fo found guilty and reprieved, as the fame Juf- tices (before whom fuch Perfon or Perfons was or were found guilty) might have done, if their Commif- fion of Gaol-delivery had remained and continued in full Force andStrength. VI. And over that, That no Manner of Procefs or Suit made, fued or had before any Juftices of Aflize, Gaol-delivery, Oyer and Terminer, Juftices of Peace, or other of the King's Commiffioners, fhall ne in any wife be difcontinued by the making and publifhing of any new Commiffion or Afibciation, or by altering of the Names of the Juftices of Affize, Gaol-delivery, Oyer and Terminer, Juftices of Peace, or other the King's Commiffioners, (z) but that the new Juftices of Affize, Gaol-delivery and of the Peace, and other Commiffioners, may proceed in every Behalf, as if the old Commiffions and Juftices and Commiffionsrs had ftill remained and continued not altered. vijfton of the Peace and Gaol-dcli-vcr-y jball not fupcrfede a firmer like Commijfun granted to a City or Towncorporatt, CAP. VIII. An Act for the Confirmation of Letters Patents. Letters Patents made by the Kingiincexxvi.j. Januarii laft, or to be hereafter made of any Manors, &-c. notwithftanding any Mifnaming or Mifrecital, &c. confirmed. Several Things which be requi- site by the Com- mon Law to make the King's Letters Patents available, and which wanting, do avoid them. A Confirmation of all Letters Patents, &c. made by the King or to be made during his Life of any Lands, &c. not- withftanding IViiinaming, &c. To what Let- HERE the King's moft excellent Highnefs fithen the xxviii. Day of "January in the firft Year of his Majefty's Reign, as well upon divers and fundry good Confiderations, his Majefty fpecially moving, as alfo otherwife, hath bargained, fold, exchanged, given, reftored, and granted by his Grace's feveral Letters Patents, Indentures or other Writings fealed under his Highnefs Great Seal of England, the Seal of his Duchy of Lancajler, and the Seal of the Court of Augmentations and of the Revenues of his Crown, or any of them, as well to Bodies Politick and Corporate, as to divers and fundry of his loving and obedient Subjects, divers and fundry Honours, Caftles, Manors, Lands, Tenements, Rents, R.everfions, Services, Parfonages appropriated, Advowfons, Tithes, Oblations, Penfions, Portions, Fran- chifes, Privileges, Liberties and other Hereditaments, Commodities and Profits, in Fee-fimple, Fee-tail, for Term of Life or Lives, or for Term of Years, as in the fame feveral Letters Patents, Indentures and other Writings is mentioned and declared: (2) In avoiding, difturbing, hurting or hindering of the (aid feveral Letters Patents, Indentures and other Writings, and of the faid Manors, Lands, Tenements, Hereditaments, and other Things in them contained, fundry and many Ambiguities, Doubts and Quef- tions have or might hereafter happen to be moved, objected, alledged, invented, procured or ftirred, as" well for Mif-naming, Mif-recital or Non-recital of any of the fame Honours, Caftles, Manors, Lands, Tenements, and other the Premiffes, or any Parcel thereof: (3) Or for lack of finding of Offices, or Inquifitions of and in the PremifTes, whereby the Title of the King's Highnefs therein ought to have been . found before the making of the fame Letters Patents or other Writings : (4) Or for Mif-recital, or Non- : recital of Leafcs thereof before made, as well of Record as not of Record ; (}) or for lack of the Cer- tainty, Mif-cafting, Rating or fetiing forth of the yearly Values and Rates of the PremifTes, or of the yearly Rents referved of and for the Priemiffes, or any Parcel thereof, mentioned or contained in any of the faid Letters Patents or other Writings ; (6) Or for that the PremifTes be, or any Part thereof is va- lued to a more or lefs Value in the faid Letters Patents or Writings, than the faid Honours, Manors, Lands, Tenements and other the PremifTes then were or fhall be in yearly Value ; (7) Or for mifnaming of the Towns, Hamlets, Parifhes or Counties where the f:ime Honours, Caftles, Manors, Lands, Te- nements, Rents, Hereditaments and other the PremifTes, and every Parcel thereof, or any Parcel thereof lien or been ; .('Sj Or for lack of the true naming of the Natures, Kinds, Sorts and Quantities of the (aid Poffeffions or Hereditaments, or any Parcel thereof; (9) Or for lack of the true naming of the Corpo- ration of the fame Bodies Politick or Corporate; (io) Or for lack of Attornment, Livery or Seifin ; (11) Or for mifnaming of any of the late 1 enants or Fermors of the fame Premifles fo fold, given, grant- ed or exchanged ; (iz) As for divers and fundry other Suggefuons and Surmifes, not comprifed in the ' faid