'T
(E. 10) To bind the King.
N Quare Impedit an Ail of Parliament was pleaded that the King
k pall not prefent in Auter Droit, unlefs of Voidance in his own Time.
•which was not in Ure before, and yet the Court was againft the King,"
that it lhould be put in Ure now. ' Br. Parliament, pi. 12. cites 1 1 H. j.
7. & 3 3. *
S. P. Cro. 2- In Quare Impedit it was agreed by Prifot and Aihton, That
C. 526. Af- a Statute lhall not bind the King, if it be not by exprefs Words. Br
Gate — parliamenc J P 1 - 6 - cite s 35 H. 6. 62, 63.
It is a gene-
ral Rule, That the Kin^ fhall not be bcund by a Statute, which does not exprefsly name him 2 Hawk-
Pi. C. 411. cap. 42. S. 3.
Therefore if the King ufitrps upon an Infant to a Benefice, this Jball put the Infant out of Poffcffwn, nofwitb-
Paneling the Statute oj Weftminfttr 2. cap. 5. which aids Ufurpation upon an Infant, Feme Covert, and
thofc in Reverfion ; for the King is not bound by it ; For where a Man prefents to the Benefice of the
King, and his Clerk in by 6 Months, yet the King fhall have Quare Impedit after the 6 Months for
Mullum tempus occunt Regi; for the Statute fhall not bind him. Contra in Cafe of a Common Pe'rfon
after the 6 Months. Br. Parliament, pi. 6. cites 35 H. 6. 6z, 63.
3. Per Prifot, There is a Statute, Anno 7 H. 4. cap. 4. that Protec-
tion does not lie for Warden of a Prifon in Debt brought againft him upon
Efcape of a Prifoncr condemned and committed to his \\ r ard ; and there-
fore
Statutes;, 533
fore by him the King ihail not grant Protection there. And therefore
fee that this is a Statute which ihail bind the King; for none can grant
Protection but the King only, and therefore that the Statute fays that
the Protection ihail not lie, is as much as to fay that the King mall not
difpenie with the Statute j Quod nota. Br. Parliament, pi. 30. cites 39
H. 6. 39-
4. It was cnatled by Parliament, that the Lord Hungerfbrd jhottU be Bl . p arI ; 3 _
attainted of Treafon, and forfeit his Lands, with a Provifo that of fitch men t, pl.tf.
Lands as he was fetfed to the Ufe of others, that Cefly que life may enter; cites S. C,
and yet w here the King is feifed he cannot enter upon him, but Jh all f tie
r Ottfter lc Main. And 10 it feems that the King is not bound by any Sta-
tute unlefs by exprefs Words of the King, as if it had been that he
may' enter as u ell upon the PofTeffion of the King as upon others. Br.
Entre Cong. pi. 134- cites 4 E - 4- 2I - _ -,„
5. It was agreed by the Jultices, That the Statute of Additions made
Anno 1 H. 5. cap. 5. fhall bind the King as to Indictments &c. and other-
w ile, as well as common Perfons. Br. Parliament, pi. 47. cites 5 E.
4. 32.
6. Upon the Conftruction of any Statute, nothing mall be taken by
Equity againfi the King. Arg. Godb. 308. in Cafe of Ld Sheffield v.
Ratclift, cites Pi. C. 233, 234. ,,-,..,
7. \\ here the SubjetJ has Authority to do a Thing by^tbe exprefs Let-
•I, !) 11VIV. i_»-»w w»"y - - - — ^ u v A
ter of a Statute, this mail not be taken away by any ftrain'd Conftruc-
tion, tho' it be lor the Benefit of the King ; Per Doderidge J. Roll.
R. 67. in Cafe of Worral v. Harper, cites 10 Rep. 84. Love's Cafe.
S. Neither *' Affirmative Statutes, nor Negative, which are more itrong,
fhall bind the Kino-, unlefs he be fpecially nam'd. As the Statutes of Li- * An M*.
mitations, viz. of Merton, cap. 8. W. 1 cap. 3. and 32 H 8. cap. 2. ^Jf"
do not bind the King. So the Statute ol W . 2. cap 5. which gives the take a ., vay
Pleaof Plenarty by 6 Months, does not bind the King, cites F.N. B. 241. thePret
â– o?a-
(B) 24 E. 3. 23. &c. So by the Statute of 18 E. 1. ol f Quia empto- the at Co
res Terra'rum the King is not bound as is held in xo H. 7. 23. a. &c. ™" *£*
The Statute of Magna Charta, cap. 11. Provides in the Negative, Quod ZJ . s ' M ich. '
Communia Placita nonfequantur Curiam noitram fed teneantur in aliquo 1655 in
loco certo ; but this does nut bind the King, as is adjudg'd in 23 H. 3. Scacc. in
Tit Brief, and 3I E. 1. Tit. Prerogative 28. For he may have Quare ^â„¢ he
Impedit in B. R. Arg. 11 Rep. 68. a. b. Patch. 13 Jac. in Magdalen Gene ralv.
College's Cafe. Andrew.
b \ S. P. Br. Apportionment, pi. 21. cites F. N. B. 334, 235.
9 General Statutes, which provide necefTary and profitable Remedy Arg. Show.
for Maintenance of Religion, Advancement of Learning, and for Relief of c ?^ â– -
the Poor ihail be extended generally according to the Words of them,
and the king not exempted. Kefolv'd unanimoufly. n Rep. 70. a. b.
Magdalen College's Cafe.
10 The Kino- ihail not be exempted out of the general Words of Acts All Statutes
made to fupprefs Wrong, becauie he is the Fountain of Juftice and com- made in
™£jK&« X3 E.4-8.a. and 1 Rep 44. b. 48. a &c aitOtl^^-
ItJOOtl's Cafe. And tho' Right was remedyleis, yet the Act which pro- Iaking awav
vides necefTary and profitable Remedy for the Preservation thereof, and Fraud, or to
-_ r.._— r«.w™ fhall hind the KinV. cites Pi. C. 246. L0«J QBatUC- ?«*«' ""
bind the
Ma"gdalen College's Cafe. ' King, tho'
not named
in it nor hound by exprefs Words. See 5 Eep. 14. b. Mich. 4; & 44 EH'., in Parliament in the
Cafe of EcclelialUcal Perlcn . -Arg. Show. 2c 9 . S. C. cited. Ibid 419. Arg Ibid Ter
Eyre J. 497.
6 U When
534-
Statutes.
When any StatUte is made to prevent or fuppre r s any * Wrong, the King (tho' not nam'd) is bound bf
it t-eeaufe lie can do no Wrcng. 4 Mod. 20;. Pafch. 5 W. & M. B. R. Attorney General v. Dr.
Lancatler. ,11 •,, ,
•The King is brund by Laws of Put lick t je ami Benefit, ard where the contrary will be any
Wrong to the SubjedS Arg. Show 201;. cites 5 Kep. 14. He is bound by the Statute of Marl â–
j r . i2 ■' ' 1 •"/? DSJfraMng Tenants to arfwer without Writ, as 2 Inft. 1 24 & 1 69. And by the Statute
.j // s 18. ' Difccntitiuances, 2 lnft. 6Si,6S2. becaufe they are made to give her who had a Right a
fpeedy Remedy, viz. by Entrv, where at Common Law (he was fore'd to a real Action. So is
J3firhTn>*s Cal>, I'l. C. 233. 1 Kcp 44. 1 Inft. 116. The King is bound by the Statute de Denis, be-
cauTe aa Alienation would be a Wrong to the Subject. Arg. Show. 419, 420.
1 r. The general Words of Statutes, which tend to perform the Will of
the Fodnder or Donor, ihall bind the King, tho 1 he be not nam'd See
11 Rep. 72. b. 73. a. where it is unanimoully refblved in Magdalen
College's Cafe.
JsifanJa 12. Where the King has any Prerogative, Eftate, Right, Title or
ie that all l nte reft, he ihall not be barr'd or' them by general Words oj an Ad. Rc-
S d lLd, fol ^ d - * I Re P- 74, b. in Magdalen College's Cafe.
yet the
Kiddles of the King pall not bs abated. See Keilw. 35. pi. ;. In the moft minute Cafes of the King's
Prerogative, it r,n-ot be taken away by genera! 'Words in avi Act of Parliament. Arg S Mod. 14. in
the College of Phyficians Caie.
It is clear that the King cannot be divefied of any of his Prerogatives by general Words in an Aft of
Parliament, but that there muft be plain aM exprefs Words for that Purpofe, tho' all his other Rights
are no more favour'd in Law than the Rights of his Subjects. 8 Mod. S. Mich. 7 Geo. The King v.
the Archbifhop of Armagh. S. P. 8 Mod. 14. in the College of Phyfician's Cafe.
13. The General Statute of 32 H. 8. cap. 36. of Fines for avoiding Ccn-
troverfies, fhall bind the King. 11 Rep. 75. a. in a Nota of the Re-
porter, in Magdalen College's Cafe, cites 7 Rep. 22.
14. Where the King is barred by a Statute to do Wrong he is bound,
but where the King is intttled to any lntereft in Property, this cannot be
taken from him without Special Mention in the Statute. Jo. 21. Arg.
And fays, This Diitir.ct.ion is allowed in Magdalen College's Cafe.
15. An Act of Parliament, which gives a Right to the King, ihall bind
him as to the Manner of enjoying, and uling that Right as well as a Sub-
jeft. Arg. Show. 211. Pafch" 3 W r . & M. Mr. Crooke's Cafe.
16. 2<)Car. 2. cap. 3. of Frauds and Perjuries binds not the King, buc
takes Place only between Party and Party. 1 Salk. 162. 4 VV. &
M. in Cafe of the King v. Lady Portington.
17. The Queen is never named in an Aft of Parliament by the Name of
Party; Per Powel J. 2 Ld. Raym. Rep. 166. Mich. 3 Ann. in Cafe
of the Queen v. Tutchin.
(E. 11) Statute Merchant, Staple and Recognizance. Sta-
tutes, relating thereto.
* ThisSta- 1. * Stat. 1 1 E. i. of TT7Na£ts, That a Merchant which will be fare of
tute is men- Acton Burnel JlL his Debt, Jball catife his Debtor to come before
\To?uE the Ma )' or °f £**&** or °J York, or Briftol, or before the Mayor and a Clerk
1. But the (which the Kingjhall appoint for the fame)] or to acknowledge the Debt, and
better to dif- the \ Day of Payment.
tinguifh the
one from the other, I have mark'd this as only 11 E 1. Tho' the Word Mayor is e>:- relied in
this Statute, and no other Principal Officer is mentioned, yet there is no Doubt but it may be t ilcetl be-
fore another who is a Principal Officer of a Corporation, tho' he be not a Mayor ; Per Hobait Ch. J.
Win. S6. Trin. 22 Jac. C. li. in ihe Cafe of Hickford v. Machin.
t See
Statutes.
535
+ See (F) pi. I. If the Statute be to pay at feveral Days, it is a Quaere in Law, Whether it be
payable till all the Days of Payment are part, as of a Bond: Per Hobart Ch. J. Win. 86. in Cafe of
!Hickford v. Machin.
And the Recognizance pall be entered into a Roll with the Hand ofButfho'the
the fetid Clerk, which /hall be known. Statute be
not inrolled
in two Places, nor writ with the Hand of the Cleric, vet the omitting of them is not a Circumftance to
avoid the Statute. Cro. E. Sic. pi. 14 Hill 45 Eliz. C. B. in Cafe of Foreft v. Ballard.
Moreover, the [aid Clerk (hall make with his own Hand a Bill Obligatory, See (F).
whereunto the Seal or" the Debtor pall be put with the King's Seal, to be
â– provided, which pall remain in the keeping of the Mayor and Clerk afore-
faid.
And if the Debtor decs .not pay at the Day, the Creditor may come before See (K).
the Mayor and Clerk with his Bill. And it it be found by the Roll, and by
the Bill, that the Debt was acknowledged ', and that the Day of Payment is
expired, the Mayor pall incontinent caufe the Moveables of the Debtor to be
fold, as far as the Debt does amount, by the prai/ing of Hone ft Men, as
Chattels Burgages devifable, until the whole Sum of the Debt, and the
Money without Delay pall be paid to the Creditor. And if the Mayor
can find no Buver, he pall caufe the Moveables to be delivered to the
Creditor at a reasonable Price, as much as doth amount to the Debt. And
the King's Seal pjall be put unto the Sale and Deliverance of the Burgages
devifable.
J And if the Debtor have no Moveables within the Jurifdiction of f^See(R).
Mayor, whereupon the Debt may be levied, but has fome otherwhere, then
pall the Mayor fend the Recognizance unto the Chancellor under the
Kings Seal. ' And the Chancellor pall direct the Writ unto the Sheriff, in
whofe Bailiwick the Movables be, 'That the Sheriff caufe him to agree with
the Creditor, as the Mayor pooulci have aone, in Cafe the Moveables had been
within his Power.
And let them that /hall praife the moveable Goods, take heed, that they /«tf Upon a Sta-
rt reafonable Price upon than ; For if thcyfet an over high Price for Favour n "f Mer "
bom to the Debtor, and to the Damage of the Creditor, then /ball the 2^/tff bettor' after
fo praifed be delivered unto themfelves at fttch Price. Certificate
certified, and
Capias to take the Body, returned Non ejt Inventus, the Creditor frayed Livery of the Land, and had it,
and the Sheriff extended the Land by two Extenders, and delivered it to the Conufee, and returned the
Writ accordingly, and came the Conufee, and /aid, That the Sheriff had extended the Land too high,
fcit. Everv Acre which is worth no more then i2d. at 5 s. and prayd that the L:ind might be deliver'd
to the Extenders to hold according to the Extent, and to anfwer to him of the Money. Thorp faid,
The Statute fpeaks only oj Burgages, and not of Lands; and yet it was delivered to the Extenders, and
this bv the Equity as it Hems. Br. Statute Merchant pi. 14. cites 21 E 5. 21.
But where the Conufee took the Lands extended, and afterwards came, in a fubfetjuent c ferm to that in
â– which the Extent was returned, and prayed that it be delivered to the Extenders at the Value, it was
denied. Br. Extent, pi. 2. cites 44 E. 5. 2.. Br. Statute Merchant, pi. z. cites S. C
If upon a Writ of Elegit, or other Writ of Execution fued upon a Judgment, the Extenders extend the
Lands or Goods too high ; in this Cafe, the Plaintiff has no Remedy by tht> Statute, or by the Statute
De MerCatoribus, or otherwife, to pray that the Extenders may take the Goods, and pay the Money
â– which they have apprais'd them at ; For thole being Penal Statutes, do not extend to any other Writs
of Execution, but only the Statute Merchant, and Staple or Recogniiar.ee. By all the Juftices of C.B.
Bendl 59 pi. 100 Mich. 4&5P& M. Anon.
Cro. J. 12. pi. 16. Pafcfa. 1 jac. B. R SBolMCUJt t). SLafOn.upon a Recognisance in Chancery, the
Plaintiff refufed before the Sheriff, to accept the Lands, becaufe they were extended too high, and
prayed that the Extenders might retain them, and a Cafe was fhewn out of Bendl. 4 & 5 P. & M.
[which Items to be the Cafe above], and of that Opinion were all the Court in this Cafe; And that the
Plaintiff had Time enough to pray it upon the Return of the Writ ; wherefore it war, awarded that the
Extenders fhou'.d have the Land at that Rate, and that they fhould pav the Debt.
Conufee extended a Statute, and before his Acceptance prayed, That the Land be delivered to the
Extenders. Proce's iifued accordingly, but before the Return of the Writ it was moved, That the
Extenders cannot have the Land ; becaufe /?«« the Extent, the Conn or is dead, lis Heir
Ward of the King: Co that the King is now in Pofleffwn, and the Land in other Plight than it was at
the Time of the Extent. Sed non Allocatur per Curiam. Yclv. 55. Mich. 2 Jac. Br. R. Molineux
v. Rigges.
in '
Statutes.
SB 6 ___
* TheSta- And they pall be * forthwith f anfwerable unto the Creditor for his
tute d;es not T) t [f
mean that
r â– pallpayatt the Money frefently without Delay, but tics may anfiver prefevtly without Delav, and be-
. v the Practice 1 Singly, it was awarded, That they pay the Money at the Days limited
• Extent &c. Fjrzh. Tit. Extent, pj 10. cites Patch. 2 H) 4. 17.
Forfarther Expofition upon the Word (forthwith) See the Statute of 13 E. 1. De Mercatoribus in
the Note upon the Words (reafonable Extent).
t But it Lands extended at too high a Rate be delivered to the Extenders, and it falls out that the
C ftate/or Life, avddies, the Extenders fhall be nojonger charged; For they (hall
hold them 1:1 t ie Ian e Manner, as the Couufee hirnfefF fhould have held them, in Cafe the Extent
I, ..'. been well made, and as long as the Tenancy of the Frankter.ement continues in the Debtor fo lone
he (hou'd hold till the Debt be fatisfied 21 E. 3. 21. a. b. pi. 11. Br. Extent, pi. 4 cites S C.
fhort.
+ Br.' Statute Merchant, pi. 14 cites S. C.
Jnd if the Debtor will fay, that bis moveable Gccds were delivered or
\(\ Inr \f{< thin rll»-\ n>«» u-rvrt-h . ■, ■„* th„ll /„„ / II 1 . '.
mfelf before the Diy
of his Suit, (when he might, and would not) and have levied the Monet
with lis own Hands. J
A Ckrk fhall And if the Debtor have no Moveables whereupon the Debt may le levied
;r;. ; ;- then \\xx\\ his Body be taken, and kept in Prilon until he have made A*
yupon greefoent.
this Statute,
and if Procefs be awarded to arreft him by this Statute, he Jhall have a Writ unto tie Sheriff that he J.
vottrpuUeermoleithm, and if he have arretted him for the lame, that he deliver him if 'he know,
noCaUfewhvheftould not enjoy the Privilege of a Clerk. And in fuch Writ there is a Proviib mr
in the End of the VV nt. F. N.B. 131. (A). f"
And if have not wherewith to fufiain himfelf in Prifon, the Creditor fhall
find him Bread and Water, which Cofis the Debtor Jhall recommence him
with his Debt lejcre that he be let out of Prifon.
And ij the Creditor be >a : Merchant Stranger, he floall remain at the
Colts or the Debtor, Jorfo long a 'Time at he tarneth about the Suit of his
Debt, and until the moveable Goods of the Debtor be fold or delivered unto
hint.
* See P l. 0. And if Pledges or * Mainpernors come lefore the Mayor and Clerk thev
fhall bind themfelves by W ritings and Recognizances in like Manner as
the Debtor And if the Debt be not paid at the Day, fuch Execution Jhall
be awarded again/ the Pledges, as is bejore directed again fl the Debtor
.u S n>£ r ° Vid i Cd \ ? h ff°J°»gfs the Debt may bejully levied of the Goods of
the Debtt r, the 1 ledges jhall be without Damage
iTI'Sr. .V 3 ,/" ' l a n •* > MercatoribuStOrdains, That a* Merchant, who
138 &c. m, WW be fare cf his Debt fiall caufe bts Debtor to come before the Mayor of
g' C a p & 4 . London, or before fome Chief Warden of a City, or other Town, where the
De Dcbuo- Kmgfhall appoint. And i efure the Mayor or Chief Warden, or other faffi
StSbw^I Cient *?en chofcH andjworn thereto, when the Mayor or Chief Warden camwt
Co. Litt. athmL
1W ' n Marg d:CS F!C "' Ub *" " P ' "" LUC fCemS t0 bC mif P rinted » chat Chi »Pt« being De Curia
* T M°' t , C St f Ut - C ty s .. Th3t ( he **} bf. a Merchant who fhall acknowledge the Debt, vet if he be
not a Merchant he is within the Compafi ot the Statute to be a Conufor ; Per Jones f . Winch " - in
the Cafe of Hickford v. Maehm.
D^Pay.^^7^t^^^^^^ W ' •*" Uth <«""<*
mentbee/ ^ ' a " d "^nowlaige he Debt, and the * Day of Payment. And the
preffed, yet Recognizance (loall be inrolled by one of the Clerks Hands being known , am
the
Statutes [Merchant &c]
the Roll ill a 1 1 be double, whereof one Part pall remain with the Mayor if" be not 3
or Chief li ardeti. and the other with the Clerks that thereto (hall be firft Certain but
â– ~ , J J J J aCorwclu-
namcd - ral. Day only
it is not
good, As if it be to be paid at Michaelmas after J. S. fhall come to Paul's; In fuch Cafe, becaufe it
mav not appear to the Mayor Judicially when to award Execution, therefore it is not good ; butific
be.o pay the firft Return of Mich Term, it is good , becaufe there he may know immediately when ro
award Execution: And the fame Law, if it be to pay befo:e Mich, next, or to pay p 1 itly, as an
Obligation, and o the Mayor is bound to take Notice, that this is to be paid prefently ; Per Jones J.
Win 83. in the Cafe 01 Hick-ford v.Machin.- â– Ibid. S4. in SC. byHuttonJ. accordingly, and that
it is 'he fame if the Payment beexjjrefled to be after the Accomplishment of iuch an Age; For thofe
ihall never be Days to give [urifoicHon, tho' they ueve good by way of Contract; And fuch a Recog-
nizance is good for a ythi g for which an Action of Debt will lie, otherwife not, and that fb is- the
Statute of 2; H 8. cap. 6. For it extends not to fuch Things. And Ibid. 85. in S..C. Winch J.
faid he agreed the Ditfct :n that there ought to be a Tim- certain, and not to be proved after
by Averment â– And Ibid. S6. in S. C. Hobart Ch J agreed that there ought to be aTimecer-
tain fur Payment, a d that is mi Actual Time or a Legal Time.
And further, one of the faid Clerks, with his own Hand, fhall write
an Obligation, to which the Seal oj the Debtor fhall be put with the King's
Seal, provided for the fame Intent ; which teal fhall be of 2 Pieces, whereof
the greater Piece Jhall remain with the Mayor ' 3 or the Chief 'Warden , and the
other Piece in the Keeping oj the forefaid Clerk.
And ij the Debtor do not pay at the Day, then fhall the Merchant come to
the Mayor and Clerk with his Obligation And if it be found by the Roll
cr Writing, that the Debt was know/edged, and the Day of Payment ex~
fired^ the Mayor or Chief l> a; den Jhall catife the Body of the Debtor to be
taken (if he be Lay) whenfoever he happens to come in their Power, and
fhall commit bun to the Prifon of the Town, if there be any, and he Jhall re-
main there at his own Ccjls, until he has agreed for the Debt. And the
Keeper of the Town Prifon pall retain him, and if the Keeper will not receinfe
him, he Jhall be anfwerabte for the Debt ; and if he have not wheretf, he
that commits the Prifon to his Keeping fhall anfwer.
And if the Debtor cannot be found in the Power of the Mayor or Chief
Warden, then jhall the Mayor or Chief Warden fend into the Chancery under
the King's Seal, the Recognizance of the Debt; and the Chancellor jhall di-
reti a W rit unto the Sheriffs in wh'ofe Shire the Debtor Jhall be found, for to
take his Body (if he be Lay) andfafely to keep him in Prifon until he has
agreed for the Debt. And within a Qjl after of a Year after he is taken,
his Chattels and Lands jhall be delivered him,fo that by the Profits he may levy
and pay the Debt. And it fhall be lawful unto him, during the fame Quarter,
to fell his Lands and Tenements for the Difcharge of his Debts.
And if he do not pay it within the Quarter, * all the Lands andGoods of* See (K a)
thi Debtor Jhall be delivered unto the Merchant by a\ realbnable Extent, to P 1 - ' ' . .
hold them until the Debt is wholly levied. And never thelefs the ^^y^^Sratutemen-
r emain in Prifon. And the Merchant Jhall find him Bread and Water. tions only
that it fhall
be delivered to tie Conufee upon a reajonahh Extent, and f.\ s not a Word that it fhall be delivered to the
Extendors if they value it too high ; vet it lhall be delivered to the Extendors * by the Equity of the Sta
tute of ABon-Burnel m.;de before, which lays that Goods appraifed too Ktgh fhall be delivered to the
Apprailbrs for the Price which they have fet them at, the Statute is Penal ; Per Saunders. PI. C. 82 b.
in the Cafe of Patridge v. Strange and Croker S. P. Per Saunders J. PI. C. 12-. a. in the Cafe of
Bucklev v.Rice-Thomas. — S. P. by Saunders Ch. B. Pl.C.2oj.b in the Cafeof Stradlingv. Morgan.
* S. P. Per Cur. Jo. l&S. Trip. 14 Car. B. R. in the Cafe of Whitton v. Wefton.
And where the Statute of Acton Burnel fays, That if the Goods are appraifed too high, the Appraifors
(hall ie forthwith anfzverakle unto tl-.e Creditor tor his Debt, fo here in the Cafeof Land by the Equity
of that Statute ; yet if it be delivered to the Extenders, they fhall not pay the Money till the Days al-
fefled and limited in the Extent, and yet the Words of the Act are (fhall forthwith anfwer Sec.) But the
Intent of the Makers of the Act (as may be reafonably prefumed) was not to make them pay immediately,
and then they to wait till the Time fhould happen for their receiving it again; For at that Rate every
one would charge the Extenders with the Land, rnd fo no one would willingly be an Extendor, for
which Keafon the fudges have expounded the Words ( Forthwith a ifi ei ) to be intended, that they fhall
immediately become Debtors, and charge ible wuh the Payment ai fuch i )ays as the Rents &c. will be
payable and receivable ; and fo qualified the Rigor of the Word (Forthwith) to ifbn,
and the prefumed Intent of the Makersof the Statute ; Per Saunders Ch B PI. C. 205. b. in the Cafe
6 X of
tofi Statutes [Merchant &c]
of Stradling v Morgan. S. P. Bf. Extent &c. pi. 1. cites 2 H. 4. 17, 18 For the Statute is
that they Biafl {Pa) forthwith) btti that they {hall be {onftatroUe forthwith) Quod Nota.
See (S. 2 — And the AUrchant (hall have fitch Sciftn in the Lands and Tenements deli*
tlus vend unto htm or his Affignee, that hs may maintain a Writ of No\el
gj,? 1 ^ Diffeilin, if he be put out, and Rediileilin alfo, as of Freehold to hold to
Tenant by him and his AjJigns until the Debt be paid.
\ itute
Merchant, vet it docs not take away the AfTife which the Tenant of the Franktenement had before, but
both ihall well ftand together. 11 Rep. 74 b. Arg. in Dr. Forfter's Cafe, cites 43 All 9.
Aiidasfoon as the Debt is levied, the Body of the Debtor Jhall be delivered
with his Lands.
And in fuch Writs as the Chancellor dees award, Mention /hall be made,
That the Sheriff flrall certify the Juftices of the one Bench, cr the ether,
how he hxs perlormed the King's Command at a certain Day, at which
Day the Merchant Jhall fue before the Juftices, if Agreement be not made.
And if the Sheriff's do not return the Writ, or do return that the Writ came
too late, orthat be has diretfed it to the Bailiffs of font e Franchife, the Juf-
tices Jhall do as it is contained in later Statute of Wejhni lifter.