Page:Ruffhead - The Statutes at Large, 1763.djvu/225

The Conusor of a Fine shall come personally before the Justice, that his Defects may be discerned.^[1]the Parties Demandant or Plaintiff, as the Tenants or Defendants, that will yield or acknowledge their Right of Lands or Tenements unto other in Pleas of Warrantia Chartæ, Covenant, and other, whereupon Fines are to be levied afore you before such Fines do pass, the Parties shall appear personally, so that their Age, Idiocy, or any other Default (if any be) may be judged and discerned by you. (3) Provided notwithstanding, That if any Person be by Age or Impotence decrepit, or by Casualty so oppressed and with-holden, that by no Mean he is able to come before you in our Court, then in such Case we will that two or one of you, by Assent of the Residue of the Bench, shall go unto the Party so diseased, and shall receive his Cognisance upon that Plea and Form of Plea that he hath in our Court, whereupon the same Fine ought to be levied. A Commission to take a Fine.(4) And if there go but one, he shall take with him an Abbot, a Prior, or a Knight, a Man of good Fame and Credit, and shall certify you thereof by the Record; so that all Things incident to the fame Fine being examined by him or them, the fame Fines according to our former Ordinance may be lawfully levied. Who may allow Attorneys in every Court.^[2](5) And we will not that any of our Barons of the Exchequer, or our Justices, shall admit any Attorneys, but only in Pleas that pass afore them in the Benches and in Places where they be assigned by us. (6) And the same Power of admitting Attorneys we prohibit and deny to the Clerks and Servants of the said Barons and Justices; (7) and do ordain, That if any Attorneys be admitted hereafter by any of the Persons aforesaid, their Admission shall be of none Effect. The Lord Chancellor and Chief Justices may admit Attorneys.(8) Reserved alway to the Chancellor for the time being his Authority in admitting Attorneys, according to whose Discretion they shall be admitted; (9) and to our Chief Justices, as heretofore hath been observed in the Admission of Attorneys. (10) We will also that this our Ordinance shall take Effect and begin at the Utas of the Trinity next ensuing. Given at our Parliament at Carlisle, the Fifteenth Year of our Reign.