Page:Ruffhead - The Statutes at Large, 1763.djvu/100

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54
C. 37–40.
Anno tertio Edwardi I.
A.D. 1275.

CAP. XXXVII.
The Penalty of a Man attainted of Disseisin with Robbery in the King's Time.

[1]IT is provided also and agreed, That if any Man be attainted of Disseisin done in the Time of the King that now is, with Robbery of any Manner of Goods or Moveables, and be found against him[2] by Recognisance of Assise of Novel disseisin, the Judgement shall be such; that the Plaintiff shall recover his Seisin and his Damages, as well of the Goods and Moveables aforesaid, as for the Freehold,  (2) and the Disseisor shall make Fine, which, whether he be present or not (so it be presented)[3] shall first be awarded to Prison.  (3) And in like Manner it shall be done of Disseisin with Force and Arms, although there be no Robbery.[4]

  1. ↑ Fitz. Damages, 10.; 14 H. 7. 15.
  2. ↑ Not in the Original.
  3. ↑ If he be present.
  4. ↑ 2 Inst. 235.

CAP. XXXVIII.
An Attaint shall be granted in Plea of Land touching Freehold.

[1]FOrasmuch as certain People of this Realm doubt very little to make a false Oath (which they ought not to do) whereby much People are disherited, and lose their Right;  (2) it is provided, That the King, of his Office, shall from henceforth grant Attaints upon Enquests in Plea of Land, or of Freehold, or of any Thing touching Freehold, when it shall seem to him necessary.

See 14 Ed. 2. c. 2.

Enforced by 1 Ed. 3. stat. 1. c. 6.  5 Ed. 3. c. 6 & 7.  28 Ed. 3. c. 8  34 Ed. 3. c. 7. And see 9 Rich. 2. c. 3.  11 H. 6. c. 4.  15 H. 6. c. 5.  18 H. 6. c. 2.  11 H. 7. c. 21 & 24.  19 H. 7. c. 3. and 23 H. 8. c. 3. for farther Regulations of Attaints, which is made perpetual by 13 El. c. 25.

  1. ↑ 2 Inst. 237.; 44 Ed. 3. 2.; Regist. 122.; Rast. 84.

CAP. XXXIX.
Several Limitations of Prescription in several Writs.

[1]AND forasmuch as it is long Time passed since the Writs under-named were limited; it is provided, That in conveighing a Descent in a Writ of Right, none shall presume to declare of the Seisin of his Ancestor further, or beyond the Time of King Richard, Uncle to King Henry, Father to the King that now is;  (2) and that a Writ of Novel disseisin, of Partition, which is called Nuper obiit, have their Limitation since the first Voyage of King Henry, Father to the King that now is, into Gascoin.  (3) And that Writs of Mortdancestor, of Cosinage, of Aiel, of Entry, and of Nativis, have their Limitation from the Coronation of the same King Henry, and not before.  (4) Nevertheless all Writs purchased now by themselves, or to between this and the Feast of St. John, for one Year purchased be compleat, [2]shall be pleaded from as long Time, as heretofore they have been used to be pleaded.

Altered by 32 H. 8. c. 2. and 21 Jac. 1. c. 16.

  1. ↑ Co. Lit. 114, 115.
  2. ↑ 20 H. 3. c. 8.

CAP. XL.
Voucher to Warranty, and Counter-pleading of Voucher.

[1]FOrasmuch as many People are delayed of their Right by false vouching to Warranty; it is provided, That in Writs of Possession, first in Writ of Mortdauncester, of Cosinage, of Aiel, Nuper obiit, of Intrusion, and other like Writs, whereby Lands or Tenements are demanded, which ought to descend, revert, remain, or escheat by the Death of
  1. ↑ 2 Inst. 239.
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