FOR Prevention of many Fraudulent Pra­ctices which are Commonly Endeavoured to be upheld by Perjury and Subornation of Perjury.

Be it Enacted by the Kings Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and the Commons in this present Parliament Assembled, and by the Authority of the same, That from and after the Feast Day of the Nativity of St. John Baptist, which shall be in the Year of Our Lord, One Thousand, Six Hundred, Ninety Six, all Leases, Estates, Interests, Freéholds or Terms of Years, or any uncertain Interest of, into, or out of Messuages, Mannours, Lands, Tenements or Hereditaments made and Created by Livery of Seizen only, or by Parole, and not put in Writing, and Signed by the Parties so making and Creating the same, or their A­gents thereunto Lawfully Authorized, by Wri­ting, shall have the Force and Effect of Leases and Estates at Will only; And shall not either in Law or Equity be Deémed or Taken to have any other or greater Force and Effect, any Conside­ration for making such Parole, Leases or Estates, or any former Law or Usage to the Contrary Notwithstanding: Except Nevertheless all Leases not Exceéding the Term of threé Years from the making thereof, whereupon the Rent Reserved to the Landlord, during such Term, shall amount unto two third parts, at the least, of the full [Page 4]Improved value of the thing Demised.

And moreover that no Estates, Leases or In­terests, either of Freéhold or Term of Years, or any uncertain Interest not being Copy-hold or Customary Interest, of, into, or out of any Mes­suages, Lands, Tenements, or Hereditaments, shall at any time after the said Feast day of the Nativity of Saint John the Baptist, which shall be in the said Year of our Lord God, One thou­sand, six hundred, ninety and six, be Assigned, Granted, or Surrendered, unless it be by Deéd, or Note in Writing, Signed by the parties so As­signing, Granting, or Surrendring the same, or their Agents thereunto Lawfully Authorized by Writing, or by Act and Operation of Law.

And be it further Enacted, by the Authority aforesaid, That from and after the said Feast day of the Nativity of St. John the Baptist, which shall be in the said Year of our Lord, One thousand, six hundred and ninety six, no Action shall be brought whereby to charge any Executor or Admi­nistrator upon any Special Promise, to answer Damages out of his own Estate, or whereby to charge the Defendant upon any Special Promise to answer for the Debt, Default, or Miscarriage of another person, or to charge any person upon any Agreement made upon Consideration of Marriage, or upon any Contract or Sale of Lands, Tenements, or Hereditaments, or any Interest in, or concerning them, or upon any Agreément that is not to be performed within the space of one Year from the making thereof, unless the Agreément upon which such Action shall be brought, or some Memorandum, or Note thereof shall be in Writing, and Signed by the party to be charged therewith, or some [Page 5]other person thereunto by him Lawfully Au­thorized.

And be it further Enacted, by the Authority aforesaid, That from and after the said Feast day of the Nativity of St. John the Baptist, which shall be in the said Year of our Lord, One thousand, six hundred, ninety and six, all Devises and Requests of any Lands, Tene­ments, or Hereditaments, Devisable, either by force of the Statute of Wills, or by this Sta­tute, or by force of the Custom of any Bur­rough, or any other particular Custom, shall be in Writing, and Signed by the party so De­vising the same, or by some other person in his presence, and by his express Directions, and shall be Attested and Subscribed in the presence of the said Devisor, by threé or more Credible Witnesses, or else they shall be utterly void and of none Effect.

And moreover no Devise in Writing of any Lands, Tenements or Hereditaments, that at any time after the said Feast day of the Nativity of Saint John the Baptist, which shall be in the said Year of Our Lord God, One Thousand, Six Hundred, Ninety and Six, be Revocable, otherwise then by some other Will or Codicill in Writing, or other Wri­ting Declaring the same, or by Burning, Can­celling, Tearing or Obliterating the same by the Testator himself, or in his presence, and by his Directions and Consent; but all Devises and Requests of Lands and Tenements shall Remain and Continue in Force untill the same be Burnt, Cancelled, Torn or Obliterated by the Testator, or his Directions in manner aforesaid; or unless the same be Altered by some other Will or Co­dicill in Writing, or other Writing of the De­visors, [Page 6]Signed in the presence of threé or more Witnesses Declaring the same, any former Law or Usuage to the Contrary Notwithstanding.

And be it further Enacted, by the Authority aforesaid, That from and after the said Feast Day of the Nativity of Saint John the Baptist, which shall be in the said Year of Our Lord God, One Thousand, Six Hundred, Ninety and Six, all Declarations or Creations of any Trusts, or Confidences of any Lands, Tenements or He­reditaments shall be Manifested and proved by some Writing Signed by the Party who is by Law Enabled to Declare such Trust, or by his Last Will in Writing, or else they shall be utter­ly U [...] and of none Effect.

Provided always that where any Conveyance shall be made of any Lands or Tenements by which a Trust or Confidence shall or may arise by Implication or Construction of Law, or to be Transferred or Extinguished by Act or Ope­ration of Law, then and in every such Case, such Trust or Confidence shall be of the like Force and Effect as the same would have beén if this Statute had not beén made, any thing herein before Contained to the Contrary Notwithstand­ing.

And be it further Enacted, That all Grants and Assignments of any Trust or Confidence shall likewise be in Writing, Signed by the Par­ty Granting or Assigning the same, or by such Last Will and Devise, or else shall likewise be ut­terly [...]d and of none Effect.

And be it further Enacted, by the Authority aforesaid, That from and after the said Feast Day of the Nativity of Saint John the Baptist, which shall be in the Year of Our Lord God, [Page 7]One Thousand, Six Hundred and Ninety Six, it shall and may be Lawfull for Every Sheriff, or other Officer, to whom any Precept or Writ is or shall be Directed at the Suite of any Per­son or Persons of, for, and upon any Judg­ment, Statute or Recognizance hereafter to be made or had, to do, make and deliver Execution unto the Party in that behalf Sueing, of all such Lands, Tenements, Rectories, Tyths, Rents and Hereditaments, as any other Person or Persons be in any manner of Wise Seized or Possessed in Trust for him against whom Execution is so Su­ed, like as the Sheriff or other Officer might or ought to have Done if the said Party against whom Execution hereafter shall be so Sued had beén Seized of such Lands, Tenements, Recto­ries, Tyths, Rents, or other Hereditaments of such Estate as they be Seized of in Trust for him at the time of the said Execution Sued; which Lands, Tenements, Rectories, Tyths, Rents, or other Hereditaments, by Force and Vertue of such Executions shall accordingly he held and Enjoyed, Freéd and Discharged from all Incumbrances of such Person or Persons as shall be so Seized or Possessed in Trust for the Person against whom such Execution shall be Sued: And if any Cestunque Trust hereafter shall Dye leaving a Trust in Feé Simple, to Descend to his Heirs, there and in every such Case such Trust shall be Deémed and Taken, and is hereby Declared to be Assetts by Descent, and the Heir shall be lyable to and Chargeable with the Obligation of his Ancestor, for or by Reason of such Assetts as fully and amply as he might and ought to have beén if the Estate in Law had Descended to him in Possession in [Page 8]like Manner as the Trust Descended, any Law, Custom or Vsage to the Contrary in any wise Notwithstanding.

Provided alwaies, That no Heir who shall be­come Chargeable by reason of any Estate or Trust made Assetts in his hands by this Law, shall by reason of any kind of Plea or Confession of the Action, or suffering Iudgment by Nient de dire, or any other matter be Chargeable to pay the Con­demnation out of his own Estate, but Execution shall be Sued of the whole Estate so made Assetts in his hands, by Descent in whose hands soever it shall come after the Writ purchased in the same manner as it is to be at, and by the Com­mon Law where the Heir at Law Pleading a true Plea Iudgment is prayed against him there­upon, any thing in this present Act contained to the contrary, Notwithstanding. And for the Amendment of the Law in the particulars fol­lowing.

Be [...] further Enacted, by the Authority afore­said, That from henceforth any Estate pur au­ter vie, shall be Deviseable by a Will in writing, Signed by the party so Devising the same, or by some other person in his presence, and by his express Direction Attested and Subscribed in the presence of the Devisor by threé or more Wit­nesses; and if no such Devise thereof be made, the same shall be Chargeable in the hands of the Heir if it shall come to him by reason of a special Occupancy, as Assetts by Descent, as in Case of Lands in Feé Simple, and in Case there be no special Occupant thereof, it shall go to the Executors or Administrators of the party that had the Estate thereof by Vertue of the Grant, and shall be Assetts in their hands. [Page 13]Concerning Personal Estates, but that the Prerogative Court of the Arch-Bishop of Ar­magh, and other Ecclesiastical Courts, and other Courts, having Right to the Probate of such Wills, shall retain the same Right and Power as they had before in every Respect, subject Ne­vertheless to the Rules and Directions of this Act.