Page:Ruffhead - The Statutes at Large, 1763.djvu/155

^[1]BEcause that of such Things as be recorded before the Chancellor and the Justices of the King that have Record, and be inrolled in their Rolls, Process of Plea ought not to be made by Summons, Attachments, Essoin, View of Land, and other Solemnities of the Court, as hath been used to be done of Bargains and Covenants made out of the Court; (2) from henceforth it is to be observed, That those Things which are found inrolled before them that have Record, or contained in Fines, whether they be Contracts, Covenants, Obligations, Services, or Customs knowledged, or other Things whatsoever inrolled, wherein the King's Court, without Offence of the Law and Custom, may execute their Authority, from henceforth they shall have such Vigour, that hereafter it shall not need to plead for them. There shall be no Delays in those Things that be recorded.(3) But when the Plaintiff cometh to the King's Court, if the Recognisance or Fine levied be fresh, that is to say, levied within the Year, he shall forthwith have a Writ of Execution of the same Recognisance made. A Scire facias after the Year.(4) And if the Recognisance were made, or the Fine levied of a further Time passed, the Sheriff shall be commanded, that he give Knowledge to the Party of whom it is complained, that he be afore the Justices at a certain Day, to shew if he have any Thing to say why such Matters inrolled or contained in the Fine ought not to have Execution. (5) And if he do not come at the Day, or peradventure do come, and can say nothing why Execution ought not to be done, the Sheriff shall be commanded to cause the Thing inrolled or contained in the Fine to be executed. Ordinary.(6) In like Manner, an Ordinary shall be commanded in his Case, A Mean.observing nevertheless as before is said of a Mean, which by Recognisance or Judgement is bound to acquit.^[2]

^[1]WHereas in a Statute made at Merton it was granted that Lords of Wastes, Woods, and Pastures, might approve the said Wastes, Woods, and Pastures, notwithstanding the Contradiction of their Tenants, so that the Tenants had sufficient Pasture to their Tenements with free Egress and Regress to the same: (2) And forasmuch as no Mention was made between Neighbours and Neighbours, many Lords of Wastes, Woods, and Pastures, have been hindered heretofore by the Contradiction of Neighbours having sufficient Pasture: Lords may approve against their Neighbours, leaving them sufficient Common.(3) And because foreign Tenants have no more Right to Common in the Wastes, Woods, or Pastures of; any Lord than the Lord's own Tenants; (4) it is ordained, That the Statute of Merton, provided between the Lord and his tenants, from henceforth shall hold Place between Lords of Wastes, Woods, and Pastures, and their Neighbours, saving sufficient Pasture to their Tenants and Neighbours, so that the Lords of such Wastes, Woods, and Pastures, may make Approvement of the Residue. (5) And this shall be observed for such as claim Pasture as appur-