Chronicles of England, Scotland and Ireland (3 of 6): England (3 of 9): Henrie the Sixt, Sonne and Heire to Henrie the FiftHolinshed, Raphael
History
Chronicles of England, Scotland and Ireland (3 of 6): England (3 of 9): Henrie the Sixt, Sonne and Heire to Henrie the Fift
Holinshed, Raphael
Great Britain -- History -- Henry VI, 1422-1461; Great Britain -- History -- To 1485; Great Britain -- History -- Tudors, 1485-1603
It was further awarded, that all variances, discords, debates,
controuersies, appeales, and actions personals, that were or had béene
betwixt any of the said persons, or any of their seruants, or tenants,
should be for euer determined & ended, sauing to euerie one his title,
action and right, which he had by any euidence of arrerages of rents or
seruices, accounts, detinues, or debts due by reason of anie lawfull
contract or déed, had and made for anie reasonable considerations,
other than the variance before said.
And for the more assurance of both parties, it was ordeined that either
should release to other all maner of actions, that were méere personals
and appeales, which anie of them might haue against the other, by
reason of the variances and discords before mentioned.
Also it was decréed, that if anie action, sute or quarell chanced
betwixt anie of the seruants or tenants of anie of the parties, for
matter or title supposed to be had, occasioned or mooued before this
time; that from thenceforth, none of the said parties should mainteine,
support, or aid any of them that will so sue and mooue strife and
debate: but should rather so deale, as the matter may be brought to
peace and quietnesse.
It was further awarded, that if anie man complained, pretended, or
surmised, that this award was not kept, but in some point broken
by anie of the parties, for the which breach he would haue a Scire
facias, or some other action prosecuted in the kings name vpon anie
recognisance made to the king for the performance of this award: yet
should not the same Scire facias or action be prosecuted, till the
kings councell might be throughlie certified of the matter by the
complainant, and vpon consideration sée iust cause whie the same Scire
facias, or action ought to be had and prosecuted in the kings name.
And if anie variance rose betwixt the councell of both the parties in
making of the recognisances, releases, acquittances, or other writings;
the same variance should be determined by the two lords chéefe
iustices, that should be fullie instructed of the kings intention in
this behalfe.
And besides this, it was notified and declared by the same award, that
the parties being seuerallie bound in the Chancerie in great sums to
obeie and performe this award, ordinance & iudgement made by the king;
it was the kings will and pleasure, that the same recognisances should
stand in force, and no parcels of the summes therein conteined to be
pardoned in anie wise, without the agréement and consent of the partie,
for whose assurance the same recognisance was taken.
Public-domain text, read in full here on John Shaqi.
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