read and proclaimed, all Pleas shall cease, Transcript of the Fine shall be sent to the Justices of Assises of the county where the Land lieth, to be proclaimed there(4) and moreover a Transcript of the same Fine shall be sent by the said Justices of the Common Place to the Justices of Assises of the County where the said Lands and Tenements be; they cause the said Fine to be read and proclaimed openly and solmnly in every their sesions of Assises, to be holden the same Year, if Assises do then hold, and all the Pleas in the mean Time to cease.
A transcript first sent to the Justices of PeaceII. Also it is ordained and established by the said Authority of Parliament, That a like Transcript of the same Fine shall be sent to the Justices of Peace of the County where the said Lands and Tenements be, they to cause open and solemn Proclamation of the said Fine to be made at Four General Sessions to be holden in the same Year.
Who shal be concluded by a fine, who not III. The said Justices of Assises, and also Justices of Peace, to certify the fame Proclamation to the King's Justices of the Common Place, at the Second Day of Return of the Term then next following, (2) after which Proclamation done and certified, the said Fine to be a final End, and to conclude, as well Privies as Strangers to the same; except Women covert, other than be Parties to the said Fine, and every Person or Persons then being within Age, in Prison, or out of this Realm of England, or not of whole Memory at the Time of such Fine levied.
The immediate rights of strangers saved if pursued in timeIV. And saving to every Person or Persons such Right, Title, Claim, and Interest, which they have to or in the said Lands, Tenements, and other Hereditaments, at the Time of such Fine ingrossed, so that they do pursue their said Right, Title, Claim, or Interest, by Way of Action, or lawful Entry, within Five Years next after the said Proclamation made, had, or certified.
The Right of Strangers in Reversion saved.V. And also saving to all other Persons such Action, Right, Title, Claim, and Interest, in and to all the said Lands, Tenements, and other Hereditaments, which shall grow, remain, descend, or come to them after the said Fine ingrossed, by Force of any Gift in Tail, or by any other Cause or Matter had or made before the said Fine levied, so that those Persons take their said Actions, or pursue their said Right and Title according to the Law, within Five Years next after such Actions, Right, Title, Claim, or Interest, grown, descended, remained, or come to them; Actions sustainable against the Pernor of the Profits(2) and also that the said Persons, and their Heirs, may have their Actions said Action against the Taker of the Profits of the said Lands, Tenements, and other Hereditaments at the Time of such Action to be taken.
The Right of Infants, Women covert, Persons Imprisoned, out of this Lane, or not of whole memory savedVI. And if the same Persons at the Time of such Action, Right, and Title, grown, descended, remained, or come to them, be Covert Baron, or within Age, or in Prison, or out of this Land, or not of whole Memory; it is ordained, established, and enacted by Authority aforesaid, That their Actions, Right, and Title shall be reserved, and saved to them and their Heirs till the Time they come and be at their full Age, out of Prison, within this Land, unmarried, and of whole Memory, so that they or their Heirs take their said Actions, or lawful Entry, according to their Right and Title, within Five Years next after they come and be at their full Age, out of Prison, within this Land, unmarried, and of whole Memory, and pursue the same Actions, or take their lawful Entry with Effect, according to the Law of England.
An entry must be made, or an Action taken within 5 years after the Defects removed.VII. Also by Authority of the said Parliament it is ordained, established, and enacted, That all such Persons which be Covert, not Parties to the Fine, and every Person being within Age, in Prison, or out of this Realm, or not of whole Memory, at the Time of the said Fines levied and ingrossed, by this Act of Parliament before excepted, having any Right or Title, or Cause of Action to any of the said Lands, Tenements, and other Hereditaments, that they or their Heirs take their said Actions, or lawful Entry, according to their Right and Title, within Five Years next after that the said Persons come to be of full Age, out of Prison, unmarried, within this Land, and also become of whole Memory; (2) and also sue the same Actions, and take their lawful Entry, and so pursue with Effect, according to the Law of the Realm of England. (3) And moreover, if they do not take their said Actions, and also their said lawful Entry in the Manner as is aforesaid, that then they shall be concluded by the said Fines for ever, in like Form as they that be Parties and Privies to the said Fines levied and ingrossed.
Fines at Common Law be of the same Force they were before VII. Also by the said Authority it is ordained and establifhed, That every Fine which shall be from henceforth levied in any of the King's Courts, of any Manors, Lands, Tenements, or other Possessions, after the Manner, Usage, and Form that Fines have been levied before the making of this Act before rehearsed, shall be of like Strength, Effect, and Authority, as Fines so levied be or were before the making of this Act; this Act, or any other Act, in this Parliament made, or to be made, notwithstanding. Any Person may levy a Fine according to this Statute or the Common Law.[ruff 1](2) And that every Person shall be at his Liberty to levy any Fine hereafter, as he will himself at his Pleasure, after the Manner contained and ordained in and by this Act, or after the Manner and Form before used.
- ↑ See. 4 H. 7 c. 24 who shall be bound by Fines. 32 H. 8 c. 36 who may levy Fines. And see further concerning fines 1 Mar. stat. 2 c. 7. 23 Eliz. 3. and 4 Ann. c. 16
CAP. VIII.
The Length and Breadth of Cloths, and the Order of dying them and Woolls. The Ability of the Aulneger, and what Cloths he may seal.
This Preamble is taken from the Statute Roll in the Parliament Office, Anno 1.Rich 3.
11 Ed. 3 c. 3 & 5
27. Edw. 3. Stat. 1. c. 4.
