Anno decimo nono Henrici septimi.
HENRICUS Dei gratia Rex Angliæ & Franciæ, & Dominus Hiberniæ, Vicecomiti Essex salutem. Præscipimus tibi firmiter injungentes, quod m singulis locis infra Ballivam tuam, tam intra libertates, quam extra, ubi magis expediens videris, publicas Proclamationes, quorundam Statutorum & Ordinationum in ultimo Parliamento nostro, auctoriate ejusdem Parliament editorum, fieri facias in forma sequenti.
THE King our Sovereign Lord Henry the seventh after the Conquest, by the grace or God, King of England and of France, and Lord of Ireland, at his Parliament holden at Westminster the sixteenth day of January, in the nineteenth year of his Reign, to the honour of God and holy Church, and for the common weal and profit of this his Realm, and by the assent of the Lords Spiritual and Temporal, and the Commons in the faid Parliament assembled; and by authority of the fame Parliament, hath done to be made certain Statutes and Ordinances, in manner and form following.
CAP. XVII.
Several charges imposed upon the lands and persons of Cestuy que use.
"PRAIEN the Commons in this present Parliament assemblod, that where divers and many persons be defrauded of their execution as well of and upon recognisances, statutes of the staple statutes merchants to them made, as of their debts and damages recovered in Actions of debt, trespasses, or other Actions: and so in likewise the Lords of whom any lands and tenements be holden in socage, of their reliefs, and sometime of their Heriots, by reason that he so being bound or condemned, and also he that of right ought to be very tenant to the Lord of whom such lands and tenements be holden, causeth by fine, feoffment, recovery, or otherwise, divers persons to be seised of the said lands, tenements, and other hereditaments only to his use, he taketh the profits of the same, to the great hurt, deceit, and defraud of the Kings true liege people within this his Realm, if that remedy be not therefore purveyed." In consideration whereof, be it ordained, established, and enacted by the King our Sovereign Lord, by the assent of the Lords Spiritual and Temporal, and the Co,,mons in this present Parliament assembled, and by authority of the same,Execution.That from henceforth it shall be lawful for every Sheriff, or other officer, to whom any Writ or Precept is or shall be directed at the suit of any person or persons, to have any execution of any Lands, Tenements, or other Hereditaments, against any person or persons, of, for, and upon any Condemnation, Estatute Merchant, Estatute of the Staple, Recognisance hereafter to be made or had, to do, make, and deliver execution unto the party in that behalf suing, of all such Lands and Tenements, as any other person or persons be in any manner of wise seised, or hereafter shall be seised in any wise, to the only use of him against whom Execution is so sued, like as the said Sheriff or other Officer might or ought to have done if the said party against whom Execution hereafter shall so be sued, had been solely seised of the said Lands and Tenements of such Estate as they be seised of to his use at the time of the said Execution sued. And over that, be it ordained by the said authority, Socage.that the Lords of whom any such Lands and Tenements holden in Socage, shall from henceforth after the death of him to whose use any person or persons as is aforesaid be seised (and no Will thereof declared) have his relief, Heriot, and all other duties, like as the said Lord ought or might have had if he had died seised of the same. Provided alway, that every such person against whom execution is or shall he had of Lands and Tenements, so being in possession of other persons to his use, may have all such advantage in the Law against him or them that so have execution of the Lands or Tenements afore rehearsed, as he might or should have had if he had been solely seised of the said Lands and Tenements at time of the said execution sued. And over that, be it ordained by the said authority, Bondman.That if any Bondman purchase any Lands or Tenements in fee simple, fee tail, or for term of life, or for term of years, and causeth Estate to be made to divers persons to his life, or taketh Estate to himself and to divers other joyntly with him and to his use and behoof, that it shall be lawful to the Lord of any such Bondman to enter during the same use, into the Lands and Tenements and every parcel thereof so purchased by his Bondman, in like manner and form as he might have done, if the said Bondman had only been seised of the said Lands and Tenements in fee or otherwise.
