Page:Ruffhead - The Statutes at Large - vol 2.djvu/362

This page needs to be proofread.

Name. 2 Leon 324 C. 39. Anno tricefimo tertio Heijrici VIII. A. D. 1541, made Domino ledged according to the Statute of the Staple at TFeJlm'mJler hath at any Time before the making of this Regi, &c. prefent Aft been taken, ufed, exercifed, and executed againft any Lay Perfon or Perfons; any Law, Ufage or Cuftom to the contrary thereof notwithftanding. who (hall have Li. And that all fuch Obligations and Specialties, the Debt whereof not being paid nor contented in the King's Spe- the Life of the King, thai] come, remain, and be to the Heirs, or Executors of the King, at the free Li- ci.ihL-s after his b er!: y 5 Difpofition, Affignment, and Appointment of the fame King, to whom fuch Obligations or Spe- D ' cialties fhall be made, as is aforefaid. And if any Perfon or Perfons, in his or their own proper Perfon or Perfons, after the faid firft Day of May, make or take any Obligation or Obligations to the Ufe of the King's Majefty, or of his Heirs, Kings, otherwife than is before expreffed ; that then fuch Perfon or Per- fons only, that fhall fo offend contrary to this prefent Aft, for his or their fo doing fhall have and fuffer fuch Imprifonment, as fhall be affeffed and adjudged by the King, or his moll honourable Council daily atten- dant upon his Highnefs moll Royal Perfon. All Suits for the LII. And that all Suits to be made after the firft Day of April next coming, for the Recovery of or for King's Debts to an y t h e King's Debts, in any of the King's Courts mentioned in this Aft, of or upon any Obligation or be in his own Specialty dated or delivered before the making of this prefent Aft, or which mail be dated and delivered to "the King, or to his Ufe, afore the fecond Day of May next coming, fhall be taken, fued, and purfued in ' the Name of the King, and in the Name of none other Perfon or Perfons, to whatfoever Perfon or Per- fons the faid Obligations or Specialties, or any of them be, have been, or fhall be made to the King's Ufe. Procefs, Judg- LIII. And that all Suits, Procefs, Judgments, Decrees, and Executions hereafter to be taken, purfued, ment and Exe- or g[ ven f or the King in any the King's Courts mentioned in this Aft, of or upon any of the fame Obli- K'^Vbe'in 6 S at ' ons lafl afore mentioned, fhall be of the fame or like Strength, Force, Efteft and Intent in the Law theNature of t0 a " P ur P°f es > ° n 'y againft all and all Manner fuch Perfon and Perfons as been bound in fuch Obligations the Statute or Specialties, as well Spiritual as Temporal, as againft their Heirs, Succeflors, Executors and Admini- Staple. fixators, and every of them, and againft none other, as Writings obligatory taken and acknowledged ac- cording to the Statute of the Staple at Weflminfter, at any Time before the making of this prefent Act, have been ufed to be taken, exercifed, and executed againft any Lay Perfon or Perfons. The King in all LIV. And that the King in all Suits hereafter to be taken in or upon any Obligation or Specialties made Suits for Debt or hereafter to be made to the King, or any to his Ufe, fhall have and recover his juft Debts, Coils and eofJ/andDa-' 8 Damages, as other common Perfons ufe to do in Suits and Purfuits for their Debts. (2) And that all fuch mages. Suits as now be depending in the Name of any common Perfon to his Grace's Ufe, whereof no Verdict is, or before the Feaft of Eafter next coming fhall be given or palled, or no Exigent awarded, fhall abate, be void, and of none Effeft ; and neverthelefs the King, by the Authority aforefaid, fhall have his Suit and Remedy for the faid Debt fo being in Aftion and Procefs, in Form as is aforefaid, in any of the Courts in this Aft mentioned ; any Thing in this Aft to the contrary thereof notwithftanding. Suits for the LV. And it is further enafted by the Authority abovefaid, That all and every Suit and Suits, which King's Debts hereafter fhall be had, made, or taken of, for or upon any Debt or Duties, which heretofore hath grown cT" ""where" or k een ^ ue ' or t * lat nerea ft er ^ la " g row or be due to the King, in the feveral Offices and Courts of his tiieTihall be Exchequer, Duchy of Lancajler, Augmentations of the Revenues of his Crown, Surveyors General of his due. Manors, Lands and Tenements, Mailer of the Wards and Liveries, and Court of the Firft-fruits and Crompt. Jurifd. Tenths, or in any of them, or by Reafon or Authority of any of them, fhall be feverally fued in fuch one lo6 ' of the faid Courts and Offices, in the which Court and Office, or by Reafon of the which Court and Office, the fame Debt or Duty did firft grow or become to be due, or hereafter fhall grow or become due, or in the which Office or Court the Recognifance, Obligation, or Specialty is or fhall be or remain. (2) Procefs that fhall And every fuch feveral Suit and Suits fhall be made in every of the faid feveral Offices and Courts, under be awarded in (-^g f eV eral Seals of the faid feveral Courts, by Capias, Extendi facias, Subpcena, Attachments and Procla- CourtfforThe mat ' ons °f Allegiance, if need fhall require, or any of them, or otherwife, as unto the faid feveral Courts Recovery of the & a M be thought by their Difcretions expedient for the fpeedy Recovery of the King's Debts. King's Debts. LVI. And that the faid Court of Exchequer, and all and every of the faid Courts, fhall have whole and full Authority and Power to hear and determine all and every fuch Suit and Suits as hereafter fhall be taken, commenced and purfued for the Intent above fpecified, and thereupon to award, make and do Exe- cution by and upon the Body, Lands and Goods of the Party or Parties that fhall be fo condemned accordingly. The Authority LVII. And alfo fhall have full Power and Authority to hear and determine all and all Manner of Debts, ^xche C ue , r" SOf Detinues, Trefpaffes, Accompts, Reckonings, Waftes, Deceits, Negligences, Defaults, Contempts, Com- Ward^and plaints, Riots, Quarrels, Suits, Strifes, Controverfies, Forfeitures, Offences, and other Things whatfoever Suchy. they fhall be, which hereafter fhall grow, be moved, ftirred, procured, purfued or arife, in, for or upon any Matter, Caufe or other Thing affigned, committed or appointed, or hereafter to be affigned, com- mitted or appointed to the feveral Direftions, Orders and Governances of the fame Courts, or any of them, or for or upon any Manner of Thing or Things which may or fhall touch, or in any ways concern the fame, wherein the King fhall be only Party; (2) and alfo all Manner of States for Term of Years between Party and Party concerning the Premiffes ; (3) and to correft and punifh by their Difcretions all and every Perfon and Perfons, which before them fhall be convifted of any of the PremiiTes, according to the Nature, Quality and Quantity of his or their Offence or Offences, Caufe or Caufes, Matter or Matters, all and all Manner of Treafons, Murders, Felonies, Eftates, Rights, Titles and Intereils, as well of Inheritance as of Freehold, other than Jointures for Term of Life only excepted and always referved., Title pretended LVIII. And be it enafted by the Authority aforefaid, That if any Perfon or Perfons fhall make or pre- •to Lands fold or tenc i an y Claim, Right, Title, Intereft or PoiTeffion in or to any Manors, Lands, Tenements or Heredi- Kin" nE<:dbythe tamentSj bargained, fold or exchanged, or hereafter to be bargained, fold or exchanged by the King our

  • ' Sovereign