Page:Ruffhead - The Statutes at Large, 1763.djvu/108

This page has been proofread, but needs to be validated.
62
Stat. 2.
Anno quarto Edwardi I.
A.D. 1276.

Men slain, or in Peril to be slain, as otherwhere is used in England, and all shall follow the Huy and Steps, as near as can be; and he that doth not, and is convict thereupon, shall be attached to be afore the Justices of the Gaol, &c.

The Statute of Bigamy, made 4 Octob. Ann. 4 Edw. I. Stat. 3. and Anno Dom. 1276.

IN the Presence of certain Reverend Fathers, Bishops of England, and others of the King's Council,[1] the Constitutions under-written were recited, and after heard and published before the King and his Council, forasmuch as all[2] the King's Council, as well Justices as other, did agree that they should be put in Writing for a perpetual Memory, and that they should be stedfastly observed.

  1. ↑ Read and others of the Council of the Kingdom of England.
  2. ↑ Read who all of.

CAP. I.
In what Cases Aid shall be granted of the King, in what not.

The first Article.

[1]COncerning Pleas where the Tenant excepteth, that he cannot answer without the King; it is agreed by the Justices, and other learned Men of our Lord the King's Council of the Realm,[2] which heretofore have had the Use and Practice of Judgement,[3] that where a Feoffment was made by the King with a Deed thereupon, ⟨it is of such effect⟩[4] that if another Person by a like Feoffment and like Deed be bounden to Warranty, [5]the Justices could not heretofore have proceeded any further, neither yet do proceed without the King's Commandment had therefore, neither can it be thought that they may proceed.

  1. ↑ 2 H. 7. 11.; 5 H. 7. 16.; 9 H. 7. 15.; 15 H. 7. 10.
  2. ↑ Not in the Original.
  3. ↑ Who have held the Use and Practice hitherto to have been.
  4. ↑ Add it is of such Effect.
  5. ↑ Fitz. Proceed. 5, 6.; Fitz. Traverse, 41.; 1 Roll. 288.; 2 Inst. 268.

CAP. II.
In what Cases Aid is granted of the King, in what not.

[1]AND it seemeth also, that they could not proceed in certain Cases, as where the King hath confirmed or ratified any Man's Deed to the Use of another, or hath granted any thing as much as in him is, or where a Deed is shewed, and Clause contained therein, whereby he ought to warrantize: And in like Cafes they shall not surcease by occasion of a Confirmation, Grant, or Surrender, or other like, but, after Advertisement made thereof to the King, [2]they shall proceed without Delay.

  1. ↑ 2 Inst. 270.
  2. ↑ Rast. 27.

CAP. III.
In Dower the King's Grantee of a Ward shall not have Aid.

[1]COncerning the Endowment of Women, where the Guardians of their Husbands Inheritance have Wardship by the Gift or Grant of the King, or where such Guardians be Tenants of the Thing in demand; or if the Heirs of such Lands be vouched to Warranty, if they say that they cannot answer without the King; they shall not surcease upon the Matter therefore, [2]but shall proceed therein according to Right.

  1. ↑ Fitz. Aid de Roi, 11, 12, 17, 30, 34, 37, &c.
  2. ↑ 2 Inst. 271.
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.