232 No. X. said debt so being in action and process, in form as is aforesaid, in any 33 H. VIII. of the courts in this Act mentioned; any thing in this Act to the contrary thereof notwithstanding. c. 39. Suits for the King's debts shall be in the courts where they shall be due. grown or LV. And it is further enacted by the authority aforesaid, That all and every suit and suits, which hereafter shall be had, made, or taken of, for or upon any debt or duties, which heretofore hath been due, or that hereafter shall grow or be due to the King, in the several offices and Courts of his Exchequer, duchy of Lancaster, augmentations of the revenues of his crown, surveyors general of his manors, lands and tenements, master of the wards and liveries, and court of the first-fruits and tenths, or in any of them, or by reason or authority of any of them, shall be severally sued in such one of the said courts and offices, in the which court and office, or by reason of the which court and office, the same debt or duty did first grow or become to be due, or hereafter shall grow or become due, or in the which office or court the recognisance, obligation, or specialty is or shall be or remain. And every such several suit and suits shall be made in every of the said several offices and courts, under the several seals of the said several ed in the said several courts courts, by capias, extendi facias, subpæna, attachments and proclamafor the reco- tions of allegiance, if need shall require, or any of them, or otherwise, as unto the said several courts shall be thought by their discretions exvery of the King's Debts. pedient for the speedy recovery of the King's debts. Process that shall be award The authority of the Courts of Exchequer, wards and duchy. Title pretended The King pre- LVI. And that the said Court of Exchequer, and all and every of the said courts, shall have whole and full authority and power to hear and determine all and every such suit and suits as hereafter shall be taken, commenced and pursued for the intent above specified, and thereupon to award, make and do execution by and upon the body, lands and goods of the party or parties that shall be so condemned accordingly. LVII. And also shall have full power and authority to hear and determine all and all manner of debts, detinues, trespasses, accompts, reckonings, wastes, deceits, negligences, defaults, contempts, complaints, riots, quarrels, suits, strifes, controversies, forfeitures, offences, and other things, whatsoever they shall be, which hereafter shall grow, be moved, stirred, procured, pursued or arise, in, for or upon appointed, or any matter, cause or other thing assigned, committed or hereafter to be assigned, committed or appointed to the several directions, orders and governances of the same courts, or any of them, or for or upon any manner of thing or things which may or shall touch, or in any ways concern the same, wherein the King shall be only party; and also all manner of states for term of years between party and party concerning the premises; and to correct and punish by their discretions all and every person and persons, which before them shall be convicted of any of the premisses, according to the nature, quality and quantity of his or their offence or offences, cause or causes, matter or matters, all and all manner of treasons, murders, felonies, estates, rights, titles and interests, as well of inheritance as of freehold, other than jointures for term of life only excepted and always reserved. LVIII. And be it enacted by the authority aforesaid, That if any person or persons shall make or pretend any claim, right, title, interest or possession in or to any manors, lands, tenements or hereditaments, bargained, sold or exchanged, or hereafter to be bargained, sold or exchanged by the King our Sovereign Lord, to any person or persons in fee-simple or fee-tail, by his Highness' letters patents, made or to be made thereof under the great seal of England, upon which letters patents there is or shall be reserved any annual rents or farms payable to the King's Highness, his heirs or successors, in his said court of augmentations; or demand or ask any rents, annuities, offices, fees or other profits, in, out, or of any such manors, lands, tenements, or heredita ments, contained or to be comprised in any such letters patents, made or hereafter to be made, as is aforesaid: Or if our said Sovereign Lord, his heirs or successors, shall make or pretend any claim, right, title, in 33 No. X. c. 39. him sold or exchanged. The King de terest, or possession in or to any manors, lands, tenements, or hereditaments bargained, sold or exchanged, or to be bargained, sold or exchanged by the King, his heirs or successors, to any person or persons in fee-simple or fee-tail, by his or their letters patents thereof made, or hereafter to be made, under his or their great seal of England, upon which letters patents is or shall be reserved any annual rents or farms, payable or which shall be payable to the King, his heirs or successors, in his said court of augmentations; or if the King, his heirs or successors, demand or ask any rents, annuities or other profits or heredimanding rents taments of any estate of inheritance in, of, or out of any manors, or profits out lands, tenements or hereditaments contained or comprised, or to be of such lands. contained or comprised, appointed or to be appointed or assigned to the said court of augmentations, in any letters patents made, or hereafter to be made as is aforesaid; that then the chancellor of the said court of augmentations, by the assent of the council of the said court, or the more part of them, shall have power and authority, by authority of this Act, to examine all such demands, rights, titles, interests and possessions, rents, annuities, offices, fees, and other profits and hereditaments, whatsoever they shall be, and every of them so to be demanded, pretended, claimed or asked as is aforesaid, and by witness, proofs and other ways and means by their discretions, to hear and determine the same. And in case the King's patentees in any such letters patents as is aforesaid, or any of them, their heirs, successors or assigus, shall be compelled by the authority of the said court of augmentations, by decree or judgment of the same court, to render and yield to any person or persons, in fee-simple or fee-tail, the lands, tenements or hereditaments comprised or specified in any such letters patents, or any parcel of them, or to suffer any person or persons to have and enjoy any offices, rents, annuities, or other profits or hereditaments in fee-simple or in fee-tail, out or of the same, or out of any parcel thereof; and that it shall appear in the said letters patents, that the King, his heirs or successors, is or shall be bounden, or of right and equity ought to recompense and satisfy the said patentees, their heirs, successors, executors, or assigns, or any of them, of and for such manors, lands, tenements, or hereditaments, annuities, rents, offices, fees, or other profits recovered in fee-simple or feetail, by decree or judgment of the said court as is aforesaid, or else to discharge and acquit the said patentees, their heirs, successors, executors and assigns, of or for any rents, annuities, offices, fees, or other profits aforesaid, recovered by decree or judgment in fee-simple or fee-tail as is abovesaid: Or if it shall appear unto the said court of augmentations, or unto the more part of them, that the King, his heirs or successors, of right and equity, ought to have, recover, or enjoy in fee-simple or fee-tail, any manors, lands, tenements or hereditaments, in any such letters patents comprised, or rents, annuities, offices, fees or other profits, in, out or of the same, that In what causes then, in all and every such case and cases, the said chancellor of the court of the augmentations for the time being, with the assent of three or augmentations, more such persons as hereafter shall be named by the King, his without other heirs or successors, shall have full power and authority, without any warrant, may bill or warrant to be signed or sued from the King, his heirs or successors, for the same, as well to recompense and satisfy the party or parties grieved, so much in money of the King's treasure remaining in the said court of augmentations, as the said manors, lands, tene ments, rents, annuities, offices, fees, or other profits or hereditaments lost or recovered by decree or judgment of the said court of augmentations as is aforesaid, shall be worth to be sold, or otherwise discharge and acquit such person or persons thereof, according to his or their letters patents; as also to make and take order, direction, decree and judgment for the King, his heirs and successors, for the recovery, attaining and having of all and singular such manors, lands, tenements, rents, annuities, offices, fees, profits and hereditaments, and all and every other thing and things, which the King, his heirs make recom pence to any person that is wronged. No. X. 33 H. VIII. c. 39. A loss extending by a decree to the King's patentee for life or years, how to be made good. The courts erected by this Act were united to the Exche quer, pursuant to the powers granted by 1 M. stat. 2. c. 10. The authority of the aforesaid courts to set fines, &c. upon offenders. Trials in the said courts. The chief officers of the said courts may discharge recognizances taken there. and successors, by and upon such examination and examinations) ought, should and shall be justly intitled to have, recover, possess, or enjoy in fee-simple or fee-tail; and the same decree, direction, order and judgment to be good and effectual in the law, to bind all parties and privies to the same to all intents and purposes. And where any decree or judgment, which shall be given in the said court of augmentations for any the premises, extend to the loss of the King's patentee or patentees, their heirs, successors, executors, or administrators, but for term of life or lives of the demandant or demandants, plaintiff or plaintiffs, or for term of years, the loss whereof the King is bounden and ought to recompense, discharge, or acquit by his letters patents; then the said chancellor of the augmentations shall have full power and authority to recompense or discharge the same in money as is aforesaid, or else to recompense the same of the lands, tenements, hereditaments and possessions limited to the survey and governance of the said court of augmentations, to be granted under the seal of the same court by the discretion of the said chancellor, as shall seem to him best for the King's profit, without any bill or warrant to be sued or signed by or from the King for the same. And that every such recompence, satisfaction and discharge to be made by authority of this Act to any person or persons by the said chancellor as is aforesaid, shall be good and effectual against the King, his heirs and successors; any law, usage or custom to the contrary thereof notwithstanding. LIX. And it is further enacted by the authority aforesaid, That every of the said courts shall have full power and authority by force of this Act, to set such fines, penalties and amerciaments upon parties, sheriffs, officers, and other persons, for his and their defaults, contempts, negligences or misdemeanors, as unto the said courts, or unto any of them, shall be reasonably considered and thought expedient; and that all and every trial and trials, of all and all manner of suits, bills, plaints, informations, declarations, complaints, answers, replications, allegations, causes, matters and issues, or any of them, to be pursued, made, or tried in the said several courts, or any of them, shall be made and tried by due examination of witness, writing, proofs, or by such other ways or means as by the said several courts, or by any of them, shall be thought expedient; and that all and every such judg ment and judgments, decree or decrees, examination and examinations shall be good, perfect, and in full strength, force and effect in the law to all intents, constructions and purposes. LX. And where divers and sundry persons stand bounden to the King's Highness in divers great and notable sums of money, by recognizance or other bonds in the said several courts, for debts due to the King's Highness, as well for the purchase of lands and woods, and 'performance of conditions, as also for divers and sundry other causes: And albeit the same persons have well and truly satisfied, contented, * and paid the same debts, or performed the conditions of the same recognizances, or other bonds, yet the same recognizances or other bonds cannot be made void without the King's especial warrant, which should be much unquietness to the King's Majesty; and also very chargeable to his Grace's subjects to sue to his Highness from time to ⚫ time for the same: In consideration whereof, and forasmuch as the said persons being so bounden by recognizance or in other bonds, may by divers casualties lose their acquittances, whereby great danger and peril may grow to them, their heirs, executors and successors:' Be it therefore enacted by the King our Sovereign Lord, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, That upon the sight of the acquittances made or to be made for the payment of the said debt or debts, or sum or sums of money growen or to be growen, or due, and sufficient proof made, or hereafter to be made, before the said several head officers for the time being of the said several courts, as the case shall rise or grow, or if the condition of the same recognizance or bond be performed or kept; that then every such several head No. X. officer for that recognizance taken, or to be taken by him or any of his predecessors, or of any other bond for that time being within his 33 H. VIII. charge and cure, shall have full power and authority to cancel and make void the said recognizance or other bond, calling to him such of the same court as to him or them shall seem most convenient for the cancellation of the same recognizance of bond. LXI. And be it enacted by the authority aforesaid, That the same cancellation so made shall be a sure and sufficient discharge of the same recognizance or other bond, to all and every such person or persons, as do or shall stand bounden in the same recognizance or bond so cancelled, against the King's Highness, his heirs, executors and successors for ever. c. 39. LXII. And be it further enacted by the authority aforesaid, That the Discharging of same several head officers for the time being, in every of their said se recognizances veral courts, shall have full power and authority to discharge, cancel taken for apor make void, by his or their discretion, all and singular recognizances pearance or now made, or hereafter to be made in the said court, for any appear- contempt. ance or other contempt; and that the same head officer or officers, and the parties so bounden and to be bounden, to be discharged against the King our Sovereign Lord, his heirs, executors, and successors, for the cancellation of the same recognizance. LXII. And where the King's Majesty sithen the making of the same 27 H. 8. c. 27. 'statute in the said twenty-seventh year of his noble reign, of his own meer motion, liberality and benignity, hath freely given and granted by his sundry letters patents under his Great Seal of England, unto 'divers and sundry of the nobles and lords, as well spiritual as temporal, ' of this his realm, and also unto divers and many other persons and 'bodies politic, to their heirs or successors, and to the heirs of their ⚫ bodies, or for term of life or lives, divers and many sundry honours, 'castles, manors, lands, tenements, rectories, pensions, portions, and ' other hereditaments, which then were in the order governance and survey of the same court of the augmentations of the revenues of his 'Grace's crown, or out of any other of the said several courts, reserving ' unto his Majesty, his heirs and successors, by the same letters patents, one yearly rent in the name of one tenth, or the tenth part of the yearly value of the same premises, or any other tenth payable and to be paid in the same courts, or to the officers of the same courts de'puted and assigned for the same, at one certain feast or day in the same letters patents mentioned and declared; which said persons so advanced, notwithstanding they have sithen and after the making of the same letters patents peaceably enjoyed the same manors, lands, tenements and hereditaments so given, and thereof have quietly perceived and taken the issues, revenues and profits thereof; yet nevertheless 'divers of the same persons have not, at the days and feasts assigned and 'limited unto them in the same letters patents, nor yet in long time ⚫ after the same days and feasts of payment thereof, contented and paid in the same courts, or to the officers of the same courts assigned and * deputed for the same, the said yearly rent or rents so reserved to the King's highness, contrary to their duties, and against all reason and good conscience: In consideration whereof be it therefore now ordained, enacted and established by the assent of the King's Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That if any person of what estate, degree or condition soever he be, or body politic, to whom the King's Majesty hath by his letters patents under his Great Seal of England, or under the great seal of the same court of augmentations, given or granted, or hereafter shall give or grant, with like reservation of rent or rents, any manors, lands, tenements, rectories, or other hereditaments whatsoever, which were or hereafter shall be in the order, go- · vernance and survey of the same courts, or any of them, to be had to them and their heirs or successors, or for any other estate of inheritance, or for term of life or lives, yielding and reserving to the same our said sovereign Lord the King, his heirs or successors, one yearly rent at one No. X. 33 H. VIII. c. 39. A remedy for tithes not paid issuing forth of abbey lands given by the King to others. The penalty for default of pay ment at the day assigned, or within three months after. certain day or feast in the same letters patents expressed, mentioned and declared, and to be paid into the same courts; that if the same persons, bodies politic, their heirs or successors, or assigns, or any of them, do not truly content or pay, or cause to be contented or paid unto the treasurer of the said several courts, or to the general or particular receiver of the same several courts, deputed and assigned for the same for the time being, to the use of the King's Highness, at the day or feast limited by the same letters patents, or within three months next and immediately after the same day or feast of payment thereof, all such sums of money, which been or hereafter shall be due, reserved to the King's Majesty, his heirs and successors, by the same letters patents, or by any of them, or make sufficient tender thereof to the said treasurer, or general or particular receiver; that then every of the same persons, bodies politic, their heirs, successors or assigns, for lack and default of payment of the same rent, to forfeit and lose to the King's Majesty, his heirs and successors, as much money as the fourth part of the same rent so reserved, or hereafter to be reserved for one year, doth or shall amount unto, for and in the name of one pain, over and above the same rent reserved, or hereafter to be reserved. And if it happen the same persons, or bodies politic, their heirs, successors or assigns, or any of them, do not, within one half year next after the day or feast expressed in the same letters patents, content or pay, or lawfully tender unto the same treasurer, or general and particular receiver, to the use of the King's Majesty, his heirs or successors, as well the said yearly rent so reserved, or hereafter to be reserved, as also the said money forfeited for and in the name of a The penalty for pain; that then the same persons, bodies politic, their heirs, successors or assigns, so offending, shall forfeit and lose to the King's Majesty, his heirs and successors, so much money as the moiety or half deal of the same rent reserved or to be reserved for one year doth or shall amount unto, over and above the said rent reserved or to be reserved; and so to forfeit and lose for every half year after so much money as the whole rent reserved or to be reserved for one whole year doth or shall amount unto, until the same rent so reserved or to be reserved, and the arrearages of the same, and also the said sums of money so forfeited and lost for a pain, been unto the same treasurer, or general or particular receiver, truly satisfied, contented and paid, to the use of the King's Highness, his heirs and successors. default of payment within a year. A further re- LXIV. And be it also enacted by the authority aforesaid, That it shall medy for the be lawful to the same treasurer, and general or particular receiver, to tenth, and distrain as well for the same rent so reserved or to be reserved, and for moneyforfeited the arrearages of the same, as also for the said sums of money, so forin the name of feited, or to be forfeited and lost, for and in the name of the pain aforea penalty. said: And also the head officer or officers of either of the same courts for the time being, upon certificate to him made or to be made of the same default and contempt, shall and may award such process out of the same courts against the same offender for not paying of the said rent so reserved or to be reserved, and also for the same sums of money forfeited and to be forfeited by this Act, as by his or their discretion shall scem convenient. Acquittance for the tenth. LXV. And be it also enacted by the authority aforesaid, That if any person or persons hereafter make lawful payment to any of the said treasurers, or general or particular receivers of any of the same courts, deputed and assigned for the same, of any sum or sums of money due to the King's Highness, his heirs or successors, for any yearly rent or tenth, and upon or after such payment offer unto the same treasurer, or general or particular receiver, one lawful and sufficient acquittance ready made, to be assigned by the same treasurer, or general or particular receiver, witnessing the receipt of the said sum or sums of money so paid; that then the said treasurer, general or particular receiver, shall with his own hand assign the same acquittance without taking any fee or reward for the making of the same acquittance, upon pain to forfeit and lose for every time offending contrary to this Act, forty shillings; one moiety whereof to be to the King's Highness, and the other moiety |