Page:Ruffhead - The Statutes at Large - vol 2.djvu/364

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$26 C. 39. Anno tricefimo tertio Henrici VIII. A. D. 15 41. Trials in the <aid Courts. The chief Offi- ■ cer-j of the faid Courts may dif- charge Recogni' aances taken

there.

Klifchargingof Recognizances taken for Ap- pearance or Contempt, 37H.8. c. 27. A Remedy for Tithes not paid iiiuina forth of formations, Declarations, Complaints, Anfwers, Replications, Allegations, Caufes, Matters and IfTut s > or any of them, to be purfued, made, or tried in the faid feveral Courts, or any of them, fhall be made and tried by due Examination of Witnefs, Writing, Proofs, or by fuch other Ways or Means as by the faid feveral Courts, or by any of them fhall be thought expedient ; (3) and that all and every fuch Judg- ment and Judgments, Decree or Decrees, Examination and Examinations fhall be good, perfect, and in full Strength, Force and Effect in the Law to all Intents, Conftructions and Purpofes. ' LX. And where divers and fundry Perfons ftand bounden to the King's Highnefs in divers great and ' notable Sums of Money, by Recognizance or other Bonds in the faid feveral Courts, for Debts due to ' the King's Highnefs, as well for the Purchafe of Lands and Woods, and Performance of Conditions, as ' alfo for divers and fundry other Caufes : (2) And albeit the fame Perfons have well and truly fatisfied, 6 contented, and paid the fame Debts, or performed the Conditions of the fame Recognizances, or other e Bonds, yet the fame Recognizances, or other Bonds, cannot be made void without the King's efpecial 4 Warrant, which fhould be much Unquietnefs to the King's Majefty, and alfo very chargeable to his ' Grace's Subjects to fue to his Highnefs from Time to Time for the fame : (3) In confideration whereof, | e and forafmuch as the faid Perfons being fo bounden by Recognizance, or in other Bonds, may by di- ' vers Cafualties lofe their Acquittances, whereby great Danger and Peril may grow to them, their Heirs, ' Executors and SuccefTors :' (4) Be it therefore enacted by the King our Sovereign Lord, with the Af- fent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and, by Authority of the fame, i hat upon the Sight of the Acquittances, made or to be made for the Pay- ment of the faid Debt or Debts, or Sum or Sums of Money growen or to be growen, or due, and fuf- ficient Proof made, or hereafter to be made, before the faid feveral Head Officers for the Time being of the faid feveral Courts, as the Cafe fhall rife or grow, or if the Condition of the fame Recognizance or Bond be performed or kept ; that then every fuch feveral Head Officer for that Recognizance taken, or to be taken by him or any of his PredeceiTors, or of any other Bond for that Time being within his Charge and Cure, fhall have full Power and Authority to cancel and make void the faid Recognizance or other Bond, calling to him fuch of the fame Court as to him or them fhall feem moll convenient for the Cancellation of the fame Recognizance or Bond. LXI. And be it enacted by the Authority aforefaid, That the fame Cancellation fo made fhall be a fure and fufficient Difcharge of the fame Recognizance or other Bond, to all and every fuch Perfon or Perfons, as do or fhall ftand bounden in the fame Recognizance or Bond fo cancelled, againft the King's Highnefs, his Heirs, Executors and SuccefTors for ever. LXII. And be it further enacted by the Authority aforefaid, That the fame feveral Head Officers for the Time being, in every of their faid feveral Courts, fhall have full Power and Authority to difcharge, cancel or make void, by his of their Difcretion, all and fingular Recognizances now made, or hereafter to be made in the faid Court, for any Appearance or other Contempt ; and that the fame Head Officer or Of- ficers, and the Parties fo bounden and to be bounden, to be difcharged againft the King our Sovereign Lord, his Heirs, Executors and SuccefTors, for the Cancellation of the fame Recognizance. ' LXIH. And where the King's Majefty fithen the making of the fame Statute in the faid twenty- 4 feventh Year of his noble Reign, of his own meer Motion, Liberality and Benignity, hath freely given ' and granted by his fundry Letters Patents under his Great Seal of England, unto divers and fundry of the ' Nobles and Lords, as well Spiritual as Temporal, of this his Realm, and alfo unto divers and many ' other Perfons and Bodies Politick, to their Heirs or SuccefTors, and to the Heirs of their Bodies, or for

  • Term of Life or Lives, divers and many fundry Honours, Caftles, Manors, Lands, Tenements, Rec-
  • tories, Penfions, Portions and other Hereditaments, which then were in the Order, Governance and Sur-
  • yey of the fame Court of the Augmentations of the Revenues of his Grace's Crown, or out of any other

' of the faid feveral Courts, referving unto his Majefty, his Heirs and SuccefTors, by the fame Letters Pa-

  • tents, one yearly Rent in the Name of one Tenth, or the tenth Part of the yearly Value of the fame
  • Premifl'es, or any other Tenth payable and to be paid in the fame Courts, or to the Officers of the fame
  • Courts deputed and affigned for the fame, at one certain Feaft or Day in the fame Letters Patents men-
  • tioned and declared; (z) which faid Perfons fo advanced, notwithftanding they have fithen and after
  • the making of the fame Letters Patents peaceably enjoyed the fame Manors, Lands, Tenements and

' Hereditaments fo given, and thereof have quietly perceived and taken the HTues, Revenues and Profits ' thereof; yet neverthelefs divers of the fame Perfons have not, at the Days and Feafts affigned and li- ' mited unto them in the fame Letters Patents, nor yet in long Time after the fame Days and Feafts of

  • Payment thereof, contented and payed in the fame Courts, or to the Officers of the fame Courts aflignedi
  • and deputed for the fame, the faid yearly Rent or Rents fo referved to the King's Highnefs, contrary to

' their Duties, and againft all P.eafon and good Conscience :' (3) In Confideration whereof, be it therer fore now ordained, enacted and eftablifhed by the Affent of the King's Majefty, the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That if any Perfon of what Eftate, Degree or Condition foever he be, or Body Politick, to whom the King's Majefty hath by his Letters Patents under his Great Seal of England, or under the Great Seal ol the fame Court of Augmentations, given or granted, or hereafter fhall give or grant, with like Referva- tion of Rent or Rents, any Manors, Lands, Tenements, Rectories or other Hereditaments whatfoever. which were or hereafter fhall be in the Order, Governance and Survey of the fame Courts, or any ol them, to he had to them and their Heirs or SuccefTors, or for any other Eftate of Inheritance, or fci Term of Life or Lives, yielding and referving to the fame our faid Sovereign Lord the King, his Heirs 01 SuccefTors, one yearly Rent at one ceitain Day or Fcaft in the fame Letters Patents expreffed, mentionei and declared, and to be paid into the fame Courts ; that if the fame Perfons, Bo lies Politick, their Heirs 01 SuccefTors, or Affigns, or any of them, do*' not truly content or pay, or caufe to be contented or pak unto the Treafurer of the faid feveral Courts, or to the general pr particular Receiver of the fame fevera Ceurts,