Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
This free content was digitised by double rekeying. All rights reserved.
Recital that by the Fire in the Temple several Records of Fines had been burnt, &c.3
and that the said Fines had duly past all the Offices, &c. and that by reason of the said Loss Purchasers Titles were liable to be impeached, &c.; Chirographer to certify to Justices of C. P. a Note of such Fines entered.; Copy of such Certificate to be set up in the said Court, and Transcripts of Fines in each County missing sent to Sheriffs, who are to set the same up at the next Summer Assizes or Michaelmas Quarter Sessions.
Whereas by the late dreadfull Fire in the Temple London the Office of the Chirographer of Fines of the Court of Common Pleas there kept was soe suddainely burnt downe that, although all possible endeavours were used for the Preservation of the Records of Fines there remaineing from the said Fire neverthelesse severall Records of Fines engrossed of Trinity and Michaelmas Terme last were either consumed [in (fn. 1) ] the said Fire, or lost in the hasty removeing of the said Records and are not to befound And whereas the said Fines soe burnt or lost had duely past all the Offices soe that by the Records of the Kings Silver the Notes of the Cursitor that made out the Writts of Covenant and the Entryes thereof at the Office of Alienation and by the Booke of Entryes of Fines kept by the Chirographers Deputy and the severall Indentures and Exemplifications delivered out to the Partyes and by diverse other Entryes and Notes upon, such Fines taken the full Contents of all such Fines upon Examination will evidently appeare Neverthelesse for want of the Records of the said Fines burnt or lost as aforesaid diverse Purchasers and others whose Titles were secured by and under the said Fines are in danger to have the same impeached unlesse some speedy Remedy be taken herein. For Remedy whereof Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by and with the Authoritie of the same That the said Chirographer or his Deputy shall before the end of Trinity Terme next upon Oath certifie to the Justices of the Common Pleas a Note of all such Fines entred into the said Booke kept by the said Deputy that he upon diligent Search shall finde were either burnt or lost by reason of the said Fire, which Certificate is to be in Parchment fairely written and a Copy thereof sett up in Westminster Hall in some publique place neere the said Court of Common Pleas there to remaine dureing the Fower next Termes after the said Certificate made as aforesaid and alsoe Transcripts shall be made of the said Certificate by the said Chirographer of all the Fines in every County that are missing and the same delivered to the respective Sheriffes of every County or their Deputyes within a weeke after the end of the said Trinity Terme next who are required to cause, the same to be sett up at the next Summer Assizes and if noe such Assizes be held then at the next Generall Quarter Sessions of the Peace after Michaelmas next in some Publique place where such Assizes or Quarter Sessions shall bee held and there to continue dureing the said Assizes or Quarter Sessions to the end all persons concerned may have thereof timely and due notice.
II. Chief with other Justices of the said Court to send for and examine Officers, Records, &c. and direct Chirographer to new engross the Note and Foot of Fines, &c.
without Fee.; Proceedings thereon.
And bee it further enacted by the Authorise aforesaid That at any time within the space of Three yeares now next ensueing the Cheife Justice of the said Court of Common Pleas together with any one or more of the Justices of the said Court shall have power and are hereby required in or out of Terme to send for any Officers Records Bookes Entryes or other matter or thing relateing to the said Fines as to them shall seeme meete for their fuller Information in the Premisses and upon full Examination by them taken of and concerning any such Fine the Records whereof were burnt or lost as aforesaid [by such wayes or meanes as they shall thinke fitt (fn. 2) ] for the better discovery of the full Contents of such Fines they shall direct the said Chirographer or his Deputie to new engrosse the Note and Foote of such Fines which the said Chirographer is hereby required to doe without Fee and after such Note and Foote engrossed to carry the same before the said Cheife Justice and such other of the said Justices that shall have taken the Examinations concerning the burning or losse of the said Fine or Fines who are required to subscribe their Names at the bottome of the said Note and Foote with these words being engrossed next above such Subscription, Ingross: secundum formam Statuti de Anno Tricesimo primo Caroli Secundi Regis. And thereupon the Foote of such Fine and Fines soe new ingrossed with the Proclamations thereof of that Terme and of the Three subsequent Termes thereupon endorsed shall be delivered to and filed by the Custos Brevium of the said Court amongst the Foote of Fines of the same Terme and the Notes thereof soe new engrossed to be filed by the said Chirographer amongst the Notes of Fines, of the same Terme.
III. Such Fines to be of Force as if the Writ of Covenant, &c. had remained upon Record;
and not hereafter be avoided or reversed for lack of any Writ of Covenant, &c.; Custos Brevium and Chirographer to certify Subscription of Chief Justice, &c.
And it is hereby further enacted That every such Fine and Fines the Records whereof being soe new ingrost as aforesaid shall be of the same force and effect as if the Writt of Covenant Writt of Dedimus Potestatem where such Fine was taken by Commission with the Concord, Foote and Note of the said Fine or Fines had still remained upon Record unconsumed or not lost and that noe such Fine shall at any time hereafter be avoided or reversed for lacke of any Writt of Covenant Writt of Dedimus Potestatem, Concord or other Record consumed or lost by the said Fire, and that upon any Writt or Writts of Error hereafter at any time to be brought for the reversing of any such Fine the Custos Brevium and Chirographer shall together with the Note and Foote of such Fine certifie the said Subscription of the said Cheife Justice or other Justice or Justices of the said Court to the end it may appeare to the Judges before whome such Writt of Error shall depend that the same Fine was new ingrossed by vertue of this Act.
IV. No Fees.
And bee it further enacted by the Authoritie aforesaid That noe person or persons shall take any Fee or Reward for any thing by him or them to be done in the Execution of this Act.
Item quedā Petitiones privatas personas concernentes in se form? Actus continentes exhibite fuerunt predicto Domino Regi in Parliamento predicto quorum Tituli subscribuntur (videlicet)
4. An Act to confirme certaine Leases made by John Drake and others and to enable Sir Francis Drake to make a Joynture and raise Portions for his Daughters and younger Children.
5. An Act for Sale of the Lands late of Charles Dale of the County of Rutland Esquire deceased for payment of his Debts and Provision for his Daughters and Coheires.