"the same Person being out of this Realm after his Repair or "Coming into the same, or the said Person imprisoned after his "Enlargement and coming out of Prison, should or might have "had within six Years then next ensuing, by Force and Virtue of "the Provision last before rehearsed; any Thing in this Act contained to the contrary thereof, in any wise notwithstanding.

16

"X. Provided also, That if any Person or Persons before the said "Feast of the Ascension of our Lord God, which shall be in the "said Year of our Lord God One thousand five hundred and forty"six, commence and sue any of the said Actions or Writs, or "make any Avowry, Prescription, Title or Claim, and the same "Action, Writ, Avowry, Cognizance, Prescription, Title or Claim "happen, by the Death of any of the Parties to the same, to be "abated before Judgment or Determination thereof had; that then "the said Person or Persons, being Demandants or Avowants, or "making any such Cognizance, Prescription, Title or Claim, being "then alive, and if not, then the next Heir or Heirs of such Per"son or Persons so deceased, may commence and pursue his or "their Action and Suit, and make his or their Avowry, Cognizance, "Prescription, Title or Claim, for or upon the same Matter, within "one Year next after such Action or Suit abated, and shall have "and enjoy all and every such Liberty and Advantage to sue, de"mand, avow, declare or make their said Titles, Claims or Pre"scriptions, within the said one Year, as the Demandant or De"mandants in such suit or Writ abated, or as such as did avow "or make Cognizance, Title or Claim, or Prescription, should or "might have done, had, used, made or enjoyed in the said former "Action or Suit; any Thing in this Act to the the contrary not"withstanding.

66

"XI. Provided furthermore, That if any false Verdict happen "hereafter to be given or made in any of the said Actions, Suits, 'Avowries, Prescriptions, Titles or Claims, that then the Party "grieved by reason of the same shall and may have his Attaint upon every such Verdict so given or made, and the Plaintiff in the same Attaint, upon Judgment for him given, shall have his Recovery, Execution and other Advantage, in like Manner and "Form as heretofore hath been used and accustomed; any Thing "before in this Act contained to the contrary thereof notwithstand"ing."

Statute of 1 Mary, Session 2 c. 5. A. D. 1553.[1]

"An act for the Limitation of Prescriptions in certain cases." Sections, 1, 2 & 3, Recite part of the Statute of 32 H. 8. c. 2. touching Limitation of Prescription.

Section 4, states " Upon which said Act, Doubt and Ambiguity hath risen and been moved," and then proceeds:

[1] Statutes at Large, Vol. 2. p. 460. (4to. Ed.) Vol. 4. p. 11 (8vo. Ed.)

(3) For the Explanation and plain Declaration whereof, and in "avoiding of the said Ambiguities and Doubts, Be it enacted and "declared by the Queen's Highness, with the Assent of the Lords "Spiritual and Temporal, and the Commons in this present Par"liament assembled, and by the Authority of the same, That the "said former Act made in the said xxxij. Year of the Reign of the said late King Henry, or any Article, Clause, Sentence or Matter therein contained, shall not extend to any Writ of Right of Advowson, Quare Impedit or Assise of Darein Presentment, "nor Jure Patronatus; (4) Nor to any Writ of Right of "Ward, Writ of Ravishment of Ward, for the Wardship of the Body, or for the Wardship of any Castles, Honours, Man"ors, Lands, Tenements or Hereditaments holden by Knights "Service, nor to the Seisor of the Wardship of the Body of any "Ward or Wards, or to the Seisor or Wardship of any Cas"tles, Honours, Manors, Lands, Tenements or Hereditaments holden by Knights Service; (5) But that all and every Person "and Persons, Bodies Politick and Corporate, their Heirs and "Successors, and the Heirs and Successors of every of them, "shall and may have, maintain and pursue all and singular the "said Writs of Right of Advowson, Quare Impedit, Assise "of Darein Presentment, Jure. Patronatus, Writs of Right of "Ward, Ravishment of Ward, and also seise the Wardship both "of the Body and of the Castles, Honours, Manors, Lands, Ten"ements and Hereditaments, holden by Knights Service, in like "Manner and Form to all Intents, Constructions and Purposes, as "they or any of them should or might have done, made or pur"sued, before the making of the said Act made in the said xxxij. "Year, as though the same Act had never been had or made; any Thing in the said former Act to the contrary notwithstand"ing."

Statute of 31 Elizabeth, c. 5. A. D. 1589.[1]

CAP. V.

"An Act concerning Informers.

"V. And be it further enacted by the Authority aforesaid, That "all Actions, Suits, Bills, Indictments or Informations, which af "ter twenty Days next after the End of this Session of Parliament "shall be had, brought, sued or exhibited, for any Forfeiture upon "any Statute Penal made or to be made, whereby the Forfeiture "is or shall be limited to the Queen, her Heirs or Successors only, "shall be had, brought, sued or exhibited within two Years next "after the Offence committed or to be committed against such "Act Penal and not after two Years: (2) And that all Actions, "Suits, Bills or Informations which after the said twenty Days

[1] Statutes at Large, Vol. 2. p. 660. (4to. Ed.) Vol. 4. p. 451. (8vo. Ed.)

"shall be had, brought, sued or commenced for any Forfeiture upon any Penal Statute made or to be made, except the Statute "of Tillage, the Benefit and Suit whereof is or shall be by the said "Statute limited to the Queen, her Heirs or Successors, and to "any other which shall prosecute in that Behalf, shall be had, "brought, sued or commenced by any Person that may lawfully "pursue for the same as aforesaid, within one Year next after the "Offence committed, or to be committed against the said Statute; (3) and in Default of such Pursuit, that then the same shall be "had, sued exhibited or brought for the Queen's Majesty, her "Heirs or Successors, at any Time within two Years after that "Year ended. (4) And if any Action, Suit, Bill, Indictment or "Information for any Offence against any Penal Statute made or "to be made, except the Statute of Tillage, shall be brought af "ter the Time in that Behalf before limited, That then the same "shall be void and of none Effect; any Act or Statute made to "the contrary notwithstanding.

"VI. Provided always, That where any Action, Information, "Indictment or other Suit, is or shall be limited by any Statute "Penal, to be had, sued, commenced or brought within shorter "Time than is afore rehearsed; That in every such Case, the "Action, Information, Indictment or other Suit shall be brought "within the time limited by such Estatute.

"VII. And be it further enacted by the Authority aforesaid, "That one Statute made in the seventh Year of the Reign of the "late King of famous Memory, King Henry the Eighth, concern"ing the Time of bringing Actions or Informations upon Penal "Laws, shall from and after twenty Days after the End of this "Session of Parliament be utterly repealed."

Statute of 21 James 1. c. 2. A. D. 1623.[1]

"CAP. II."

"An Act for the general Quiet of the Subject against all Pre"tences of Concealment whatsoever."

61

Sect. 1. Enacts, "That the King's Majesty, his Heirs and Suc-' cessors, shall not at any Time hereafter sue, impeach, question "or implead any Person or Persons, Bodies Politick or Corporate, "for or in any wise concerning any Manors, Lands, Tenements, "Rents, Tithes or Hereditaments, other than Liberties and Fran"chises, or for or in any wise concerning the Revenues, Issues or "Profits thereof, or make any Title, Claim, Challenge, or Demand, of in or to the same, or any of them, by reason of any "Right or Title accrued and grown Threescore Years past and more, and now in esse, unless his Majesty or some of his Pro"genitors, Predecessors or Ancestors, or some other Person or

(1) Statutes at Large, Vol. 4. page 731. (8vo, Ed.)

"Persons, Bodies Politick or Corporate, under whom his Majes"ty any thing hath or lawfully claimeth, have been answered by force and virtue of any such Right and Title to the same, the Rents, Revenues, Issues or Profits thereof, within Threescore Years next before the Beginning of this Present Session of Par"liament, or that the same have been duly in charge to his Ma"jesty, or the late Queen Elizabeth, or have stood insuper of "Record within the said Space of Threescore Years," &c.

Sect. 2. Provides, A Saving for the King's Title or Reversions, &c.

Sect. 3. Provides, That this Act shall not extend to any Manors, Lands, &c. granted by the King's Ancestors, &c. of limited Estate, &c.

Sect. 4. Provides, That Tenures or Services of Lands, &c. so granted "shall be holden of his Majesty, his Heirs and Successors," &c. And a "Saving to every Person and Persons, Bodies "Politick and Corporate, their Heirs and Successors, (other than His most excellent Majesty, his Heirs and Successors, and other than all Patentees and Grantees of Concealments or defective Titles," &c. "All such Rights," &c. "as they or "any of them had or ought to have had before the making of this "Act," &c.

64

Sect. 5. Provides, a Saving for the King's Duty on Coal at Newcastle.

Sect. 6. Provides, That where Rents, &c. have been answered and paid to the King or his Predecessors within Sixty Years, the same shall be confirmed to his Majesty, &c. for time to come.

Statute of 21 James 1. c. 16. A. D. 1623.[1]

An Act for Limitation of Actions, and for avoiding of Suits in Law."

(This act will be found at length, at page 1 to 5 inclusive, ante.)

Statute of 1. William and Mary, Session 1. c. 4. A. D. 1688.[2] "CAP. IV."

"An Act for reviving of Actions and Process lately depending "in the Courts at Westminster, and discontinued by the not hold"ing of Hilary Term, and for supplying other Defects relating to "Proceedings at Law."

"XIV. And forasmuch as since the tenth Day of December, "One thousand six hundred and eighty-eight, the Chancery was "not open, nor yet is, whereby the Subject was bindred from "prosecuting any Original Writ:

XV. Be it therefore enacted by the Authority aforesaid, That

(1) Statutes at Large, Vol. 4. page 751. (Svo. Ed.) Et Vide Ante, p. 1. (2) Ibid.

Vol. 5. page 501. (8vo. Ed.)

no Part of the Time from the said tenth Day of December until "the twelfth Day of March, One thousand six hundred eighty"six, shall be esteemed or accounted any Part of the six Months "from the Time of the Avoidance of any Church, in which any "Patron upon any Disturbance is bound to bring his Darreign Pre"sentment, or Quare Impedit, or as any Part of the Time withi which any Person or Persons, by virtue of any Statute for Limi"tation of Actions, ought to bring his or their Action or Actions: "But that all and every Person or Persons shall have allowance "of so much Time from the twelfth day of March, as did or shall "incur between the said tenth Day of December, and the said "twelfth day of March."

26

Statute of 7 & 8 William 3. c. 3. A. D. 1695.[1]

"CAP. III."

"An Act for regulating of Trials in Cases of Treason and Misprision of Treason."

"Section V.

March, 1696,

Enacts, That from and after the 25th day of no Person or Persons whatsoever shall be indicted, tried or prosecuted, for any such Treason as aforesaid, or for Misprision of such Treason, that shall be committed," &c. after the said 25th day of March, 1696, "unless the same "Indictment be found by a Grand Jury within three years next "after the Treason or Offence done or committed."

"VI. And that no Person or Persons shall be prosecuted for any such Treason, or Misprision of such Treason, committed or "done, within the Kingdom of England, Dominion of Wales, or "Town of Berwick upon Tweed, before the said five and twen

tieth Day of March, unless he or they shall be indicted thereof "within three Years after the said five and twentieth day of "March; always provided and excepted, That if any Person or "Persons whatsoever shall be guilty of designing, endeavouring "or attempting, any Assassination on the Body of the King, by "Poison or otherwise, such Person or Persons may be prosecuted "at any Time, notwithstanding the aforesaid Limitation."

Statute of 10 & 11 William 3. c. 14. A. D. 1699.[2]
"CAP. XIV."'

"An Act for limiting certain Times, within which Writs of Error shall be brought for the reversing Fines, common Recove"ries and antient Judgments."

Sect. 1. Enacts, "That no Fine or common Recovery, nor any "Judgment in any real or personal Action, shall from and after "the first day of May, One thousand six hundred ninety-nine,

[I] Statutes at Large, Vol. 5, page 749, (8vo Ed.)
[2] Ibid.
Vol. 6, page 210, (8vo. Ed.)