Lavv, or, a discourse thereof in foure bookes. Written in French by Sir Henrie Finch Knight, his Maiesties Serieant at Law. And done into English by the same author.

Statutes.

34. H. 8. cap 2. The land of the heires of high Collectors of any Taske, Subsedie, or lone, and of the receiuors of Courts, shal be chargeable therewith, as well that the heire hath by descent in fee taile, as in fee simple. And also that that is giuen him by the col∣lector or receiuor couenously, and thereup∣on the heire may haue an action of debt a∣gainst the Executors and administrators of his auncestor, wherein no essoine, protecti∣on, or wager of law is allowable. And haue execution of the goods of the auncestor,

••eing in their hands at the time of the acti∣••n brought.

13. Eliz. cap 4. The lands, profits, and ••ereditaments of euery accomptant, or of ••im that receiueth money for the Queene, ••r her Successors, to be imployed to the vse ••f the Queene, shall bee extended (in the ••ature of a Statute Staple) for the payment of the arrerages. Or the Queen if he do not satisfie within sixe moneths after the arre∣rage found, may sell his land, and the party may haue the surplusage to bee deliuered vnto him, by him that receiued the money vpon the sale, without further warrant: this sale to be of any land, whereof it is found by inquisition, that the accomptant taketh the profits: which inquisition, if it bee not true, the partie grieued after trauerse of the office, and that found for himselfe, shall haue his land againe without any petition, liuerie, or ouster lemaine. If any such buy land with the Queenes Treasure, since the beginning of her raigne, and pay not the arrerages as before, the Queene shal seise & retaine the land according to the rate that the partie had it. This sale extendeth not to to those officers that haue vsed to disburse the arrerages about their charge, or offices which continue, except the Queene com∣mand present payment to bee made, and then they shall haue sixe moneths as be∣fore.

This Statute extendeth not to the accom∣tants,

whose yearely rent, or whole receip•• from the beginning exceedeth not C C C •• nor to Sherifes, Eschetors, Baylifes of liber∣ties. Also the surerties shall bee ratable ac∣cording to their habilities charged for the surplusage onely which remaines not satis∣fied by such sale of the lands of such offi∣cers.

39 Eliz. cap. 7. The former Statute of 13. of Eliz. shall extend to sales to be made after the death of the Accomptant or deb∣tor, and to an accompt made, or debt knowne within eight yeares after his death.

And none shall bee taken a debtor but such officers and accomptants (in this act mentioned) as vpon their accompts fini∣shed (all reasonable petitions being allow∣ed) shall remaine debtor vpon the foot of the accompt.

After one yeare after the accompt made or knowne (all reasonable petitions allow∣ed) the Queene may by her Letters Pat∣tents sell so much as shall suffise to satisfie it, if any land which he had at any time since 2. April. 13 Eliz. or which otherwise are to be sold by the entent of 13. Eliz. The ouerplus, if any bee, shall bee redeliuered without petition or fee. Euery such sale shall bee as good as if the partie himselfe had made it for money, or other valuable consideration by bargaine, and sale, deed enrolled, feoffement, or recouerie with vou∣cher. And shall barre the partie and his heires, and all claiming vnder him, after he

••hall be debtor or person accomptable, and ••ll whom he might haue barred by any re∣••ouerie, and all whose lands are to be sold ••y the entent of 13. Eliz. And shall be good ••gainst the Queene and her Successors, and ••ll claiming vnder them for any charge or ••combrance to the Queene or her Succes∣••ors by the partie.

Prouided, it shall not auoid any lease by ••he Queene in other sort then it should at ••he Common Law, if the Queene were sa∣••isfied.

This act and 13. Eliz. shall extend to vn∣••er collectors of Tenthes and Subsedies of ••he Clergie, shall not impeach any assu∣••ance made before this Parliament, bona fi∣de nor any lease of xxj. yeares, or three liues whereupon so much yearely rent shall bee reserued yearly payable, as hath been with∣in xxj. yeares before, nor customarie estates made according to the custome.

And of this nature is a writ of annuity, which lyeth for him that hath an annuitie (a) 1.1 in fee for life, or though it bee but for yeares be (b) 1.2 it money or other things, as clothes, bread, &c. And is in the debet for them (c) 1.3 all: that is to say, for any other thing as well as for money, not in the deti∣net contrary to an action of debt Detinue * 1.4 when any thing is withholden, which is called De catalis reddendis: if it be for wri∣tings, * 1.5 it is called De chartis reddendis.

Notes

• (a) 1.1

  F. N. B. 152. a
• (b) 1.2

  F. N. B. 152. b.
• (c) 1.3

  F. N. B. 152 c.
• * 1.4

  Old N. B. 62.
• * 1.5

  Old N. B. 65.