Charles II, 1664 & 1665: An Act to prevent Arrests of Judgement and superseding Executions.

Pages 556-557

Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.

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In this section

In Verdicts in the Courts at Westminster, or in Chester, Lancaster, Durham, or Great Sessions in Wales,

Judgment not to be stayed, &c. for want of Form and other Matters herein mentioned.; Nor Judgments after Verdict, Confession by Cog. Act. or Relict. Verific. reversed for Matters herein mentioned.

Whereas great delay trouble and vexation, hath beene and still is occasioned to the People of this Realme as well by arresting and reversing of Judgements as by staying Executions by Writts of Error and Supersedeas For remedy thereof Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and Co[m]mons in this present Parlyament assembled and by the Authoritie of the same That if any Verdict of Twelve Men shall be given in any Action Suite, Bill, or Demand to be commenced from and after the Five and twentyeth day of March which shall be in the yeare of our Lord One thousand six hundred sixtie and five in any of His Majestyes Courts of Record at Westminster, or in the Courts of Record in the Countyes Palatine of Chester Lancaster or Durham or in His Majestyes Courts of the Great Sessions in any of the Twelve Shires of Wales Judgement thereupon shall not be stayed or reversed for defaulte in Forme or lacke of Forme or by reason that there are not Pledges or but one Pledge to prosecute returned upon the Originall Writt or because the Name of the Sheriffe is not returned upon such Originall Writt, or for defaulte of entring Pledges upon any Bill or Declaration, or for defaulte of alledgeing the bringing into Court of any Bond Bill Indenture or other Deed whatsoever mentioned in the Declaration or other Pleading or for defaulte of Allegation of the bringing into Court of Letters Testamentary or Letters of Administration or by reason of the o[m]mission of Viet Armis or Contra Pacem, or for or by reason of the mistakeing of the Christian Name or Surname of the Plaintiffe or Defendant Demandant or Tennant, Summe or Summes of Money, Day, Moneth or Yeare [by the Clerke in any Bill Declaration or Pleading where the right Name Surname Sum Day Moneth or Yeare (fn. 1) ] in any Writt, Plaint, Roll or Record preceding, or in the same Roll or Record where the Mistake is Committed is or are once truely & [rightly (fn. 1) ] alledged, whereunto the Plaintiffe might have demurred and shewen the same for Cause, nor for want of the Averment of Hoc paratus est verificare, or Hoc paratus est verificare per Recordum, or for not alledgeing Prout patet per Recordum, or for that there is noe right Venue, soe as the Cause were tryed by a Jury of the proper County or Place where the Action is laid : Nor any Judgement after Verdict, Confession by Cognovit Actionem or Relicta Verificatione shall be reversed for want of Misericordia or Capiatur, or by reason that a Capiatur is entred for a Misericordia, or a Misericordia is entred where a Capiatur cought to have beene entred, Nor for that Ideo concessum est per Curiam is entred for Ideo consideratum est per Curiam, Nor for that the Increase of Costs after a Verdict in any Action or upon a Nonsuite in Replevin are not entred to be at the request of the party for whom the Judgement is given, nor by reason that the Costs in any Judgement whatsoever are not entred to be by consent of the Plaintiffe but that all such Ommissions Variances Defects and all other matters of like nature not being against the right of the matter of the Suite, nor whereby the Issue or Tryall are altered shall be amended by the Justices or other Judges of the Courts where such Judgements are or shall be given, or whereunto the Record is or shall be removed by Writt of Error.

II. Certain Actions not remedied.

Provided alwayes and bee it further enacted by the Authoritie aforesaid That this Act or any thing therein contained shall not extend to any Writt Declaration or Suite of Appeale of Felony or Murther, nor to any Indictment or Presentment of Felony Murder Treason or other matter, nor to any Processe upon any of them, nor to any Writt Bill Action or Information upon any penall Statute other then concerning Customes and Subsidyes of Tonnage and Poundage Any thing in this Act contained to the contrary thereof in any wise not withstanding.

III. In what Actions Executions shall not stay by Writ of Error without Recognizance under 3 Jac. I. c. 8.

In Dower and Ejectment, Plaintiff in Error to give Security for Costs, Damages, and Money awarded.

And bee it further enacted by the Authoritie aforesaid That from and after the Twentyeth day of March in the yeare of our Lord One thousand [six hundred (fn. 1) ] sixty and fower noe Execution shall be stayed in any of the aforesaid Courts by Writt of Error or Supersedeas thereupon after Verdict and Judgement thereupon in any Action personall whatsoever unlesse a Recognizance with Condition according to the Statute made in the Third yeare of the Raigne of our late Soveraigne Lord King James shall be first acknowledged in the Court where such Judgement shall be given, And further That in Writts of Error to be brought upon any Judgement after Verdict in any Writt of Dower or in any Action of Ejectione firme noe Execution shall be thereupon or thereby stayed unlesse the Plaintiffe or Plaintiffes in such Writt of Error shall be bound unto the Plaintiffe in such Writt of Dower or Action of Ejectione firme in such reasonable Summe as the Court to which such Writt of Error shall be directed shall thinke fitt with condition that if the Judgement shall be affirmed in the said Writt of Error, or that the said Writt of Error be discontinued in defaulte of the Plaintiffe or Plaintiffes therein, or that, the said Plaintiffe or Plaintiffes be Nonsuite in such Writts of Error that then the said Plaintiffe or Plaintiffes shall pay such Costs Dammages and Summe and Summes of Money as shall be awarded upon or after such Judgement affirmed Discontinuance or Nonsuite had.

IV. Writ of Inquiry of Mesne Profits and Damages.

And to the end that the same Summe and Summes and Dammages may be ascertained, It is further enacted That the Court wherein such Execution ought to be granted upon such Affirmation Discontinuance or Nonsuite shall issue a Writt to enquire aswell of the meane Proffitts as of the Dammages by any Waste committed after the first Judgement in Dower or in Ejectione firme, And upon the Returne thereof Judgement shall be given and Execution awarded for such Mesne Proffitts and Dammages and alsoe for Costs of Suite.

V. Proviso for Writs of Error in Actions by Executors, Actions Popular, and on Penal Statutes, except for Tithes and Indictments, &c.

Provided That this Act nor any thing therein contained shall not extend to any Writt of Error to be brought by any Executor or Administrator, nor unto any Action Popular nor unto any other Action which is or hereafter shall be brought upon any Penall Law or Statute (except Actions of Debt for not setting forth of Tythes) nor to any Indictment Presentment Inquisition Information or Appeale, Any thing herein before expressed to the contrary thereof in any wise notwithstanding.

VI. Continuance of Act.

Provided alwayes That this Act shall continue in force for Three yeares and to the end of the next Session of Parlyament after the expiration of the said Three yeares and noe longer.


  • 1. interlined on the Roll.