| Volume 194, Page 341 View pdf image (33K) |
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4 H. 7, CAP. 20, PENAL ACTIONS. 341 CAP. XX. Actions popular, prosecuted by Collusion, shall be no bar to those which be pursued with good Faith. Item, That where Actions popular in divers Causes have been ordained by many good Acts and Statutes afore this time made, for the Reformation of Extortions, Maintenance, Oppressions, Injuries, Exactions, and Wrongs used and committed within this Realm, (2) which Actions been very penal to all Misdoers and Offenders in such Actions condemned, and much profitable as well to the King, as to every of his Subjects that them will * sue and maintain, if the same Actions so sued and corn- 259 menced might be truly pursued without Covin or Collusion. (3) But BOW it is so commonly used within this Realm, that if any such Offenders offending in Causes where any of the said Actions lie, then the said Misdoers or Offenders, in eschewing to leese the said Penalties, will cause an Action popular to be commenced against them by Covin of the Plaintiff, upon that case wherein they have so offended; (4) or else if any such Action popular be commenced against any such said Offender by good Faith, then the same Offender will delay the said Action, either by Non-appearance or by Traverse, and, hanging the same Action, the same Offender will cause like Action popular to be brought against him by Covin, for the same Cause and Offence that the first Action was sued, and then by Covin of the Plaintiff in that second Action he will be condemned, either by Confes- sion, feigned Trial, or Release; (?) which Condemnation or Release, so had by Collusion and Covin pleaded by the said Offender, shall bar the Plaintiff in the Action sued in good Faith; (6) and by these subtil means of Collusion and Covin the said good Acts and Statutes seldom been executed against such Offenders, which causeth them to be bolder to offend the King, as well in breaking of the said Statutes, Laws, and Peace, as in robbing, murdering, Exactions taking, Quarrels maintaining, and the King's poor Subjects by Extortion and many other unlawful means oppressing: (7) Therefore the King our Sovereign Lord, in reforming of the Premisses, by the Advice of the Lords Spiritual and Temporal, and at the Bequest of the said Commons in this said present Parliament assembled, and by Authority of the same, hath ordained, es- tablished, and enacted, that if any person or persons hereafter |
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| Volume 194, Page 341 View pdf image (33K) |
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