Page:Ruffhead - The Statutes at Large - vol 3.djvu/79

 A. D. 1604. Annofecundo [vulgo primo] Jacobi L C. 26. 31 ' Majefty's Exchequer diredled, did authorize and command them to fet down and eftablifti certain Or- ' of Fees within the Office of the Lord Treafurer's Remembrancer in the Exchequer: By Virtue of ' her Majefty's then learned Council thereunto called, divers Orders, being moft honourable and agree- IL May it pleafe your moft excellent A-Iajefty, for the Eftablilhment, Continuance and Furtherance of her faid Majefty's then molL gracious Intention, and of your Majefty's moft abundant Grace and favour- able Inclination to the Good and Eafe of your Highnefs Subjedts, that it may be enacted, and by the An- Certain Kllies thority of tliis prefent Parliament, be it ena6ted by the King's moft excellent Majefty, with the Anent of the f°> %"« "laf be Lords Spiritual and Temporal, and Coinmons, in this prefent Parliament aitembled, I'hat all manner '"""**'• of Iffues loft and foifeited, or hereafter to be loft and forfeited, which by the true Intent of the fame late Qiieen's moft gracious Privy Seal, and the faid Orders hereunto annexed, ought to be remitted and dif- charged againft her faid Majefty, be, and at all Times for ever hereafter (hall be accordingly, by Virtue of this prefent Ait, clearly difcharged and acquitted againft your Majefty, your Heirs and SuccelTbrs. III. And be it further enadted by the Authority aforefaid. That if the Lord Treafurer's Remembrancer The Forfeiture for the Time being, or any of his Clerks, fliali from and after the laft Day of this prefent Seffion oif Par- f/ndfiomrar'^' liament award any Procefs, exadt any Pleading, or take any Fees, or otherwife in any Point demean him to the faid Or- or themfelves contrary to the true Meaning ot any the faid Orders, that then for every fuch Offence which ^"i- the faid Lord Treafurer's Remembrancer or his Deputy, or any of his or their Clerks fhall commit,, the Perfon fo offending, (2) or in Cafe any fuch Perfon fo offending be unable to fatisfy, the faid Lord Trea- furer's Remembrancer himfelf, ftiall forfeit and lofe the Sum of twenty Pounds ; (3) whereof the one Moiety to be to your Majefty, your Heirs and Succeffors, and the other Moiety to the Party grieved, to^ be fued for within two Years of the Offence committed, by A«ftion of Debt, Bill, Plaint or Information,. in any your Majefty's Courts of Record at TVeJlvmiJier wherein no Effoin, Protedlion, Wager of Law or Privilege lliall be allowed. ' Court, and other the Barons of the fame, calling unto them Gilbert Gerrard Efquire, her Majefty's At- ' England, France and Ireland, utknAtr oi the Faith, &c. according to her Majefty's Privy Seal to ths, ' faid Treafurer and Barons in that Behalf direded, and witneffed under their Hands as followeth-: ' V. Firft, That no Procefs, Ai faciend. Homagium i^ fidelitatem, or Adfaciend. fidelitatem, or any Writ pines flreafed' ' Record remaining in that Oflice it may appear the fame Tenure have been traverfed, then the faid ' nements holden in Chief, or by Knights-Service, or Socage in Chief, or of any Licence of Aliena- ^'^ streat of ' Procefs fliall be made only for the Service due thereupon, (3) and the Parties upon the fame ftiall be ' turned by the Sheriff, Mort or Nihil habet, then fliall go out according to the ancient Courfe of the returned Worr. ' faid Court, a Dijlring, tenent. againft the Tenants of the fame Land, to the Sheriff, to do their Ser- or Nihil h»bet, ' vice due to the King, and to mew their Entry into the fame; (2) who returning the Name of the " nants to do their faid Service, and alfo to fliew their Entry, and they to lofe Iffues thereupon, until " according to the ancient Courfe of the Exchequer. ' in Chief, affured to him in Fee-dmple, Fee-tail general or fpecial, or for Term of Life,, by any Manner tain Cafce^- ' x)f Conveyance in Law fronj the Party in the firft Original or the Inrolment of the fame, to bring the ' ot'
 * meer Motion, by her gracious Privy Seal, to the then Lord Treafurer, Chancellor and Barons of her
 * ders touching the Av/arding of Procefs, Difcharge without Pleading, Difcharge of Iffues, and the Rates
 * which her Royal Commandment, upon grave Deliberation, and with the Privity and Confent of
 * able to Juftice, were conceived and eftablifhed ; which Orders be to this Bill annexed :
 * IV. The Orders fet down for Refpecl of Homage, by the Right Honourable Sir Wtlliam Cecil' of the The Orders for
 * Honourable Order of the Garter, Knight, Baron of Biirghley^ Lord Treafurer of England, and Mafter R^fp^iS of Bo-
 * of the Court of Wards and Liveries, Sir TValter Mildmay Km^hx, Chancellor and vice-Treafurer of'"^8*'
 * her Highnefs Court of the Exchequer, Sir Edward Saunders Knight, Lord Chief Baron of the faid
 * torney General, and Thomas Bromley Efquire, her Highnefs Solicitor General, and made the fifteenth-
 * Day of yune in the Year of our Lord God one thoufand live hundred tbreefcore and thirteen, and in
 * the fifteenth Year of the Reign of our Sovereign Lady Elizabeth, by the Grace of God, Queen of
 * of Scire facias. Capias or Diftrefs, from the Fines ftreated out of the Court of Common Pleas, fliall out of the Coro-
 * go out of the Treafurer's Remembrancer's Oflice upon any Suppofal, upon Pain by former Laws and '""^ '*"
 * Statutes limited, and by the Orders of the faid Court in that Cafe provided, but upon a good and " "'•^■'^•^4'
 * juft Ground; (2) and the fame ftiall be vouched in every of the faid Procelles according to the Book,
 * Term, Year, Roll and Record thereof, that it may be certainly found: (3) And yet if by any known.
 * Proceffes to be difcharged by tlie faid Traverfe without Pleading.
 * VI. 2. Upon the Streat of the Original of the Chancery, of the firft Grants of any Lands or Te- Procefs upon tJis
 * tion. Pardon of Alienation, Oufler le main, general' or fpecial Livery, or Inrolment of any of them, "*™
 * admitted without Pleading, as it hath been accuftomed, to make their. Fine for refpedt of Homage,
 * or to do their Fealty forthwith, whenfoever they will appear, and pray to be reeeived for the fame,
 * paying the Charges of their faid Fine, as hereafter is appointed.
 * VII. 3. Where the firft Tenant in any fuch Writ from the faid Original or fuch Inrolfflent is ''e- Jh^X^Tenanr
 * Tenant of the Lands in the Writ, there (hall go Procefs then every Term againft the faid new Te-
 * they come in, and make their Fine for refpect of Homage or Fealty, or do their Fealty upon- thefamey^
 * VIIL-4. To avoid the Charges of Pleading, upon fliewing of any Man's Entry, it (liall be Jawf^^ fo'f't'he^chy'rKeor'*
 * every Perfon that by Force of any Licence of Alienation doth come to any Lands or Tenements holden pieadir^ in"^er«
 * fame Licence and Conveyance to the faid Treafurer's Remembrancer, and theteupon the faid Barons