Page:Ruffhead - The Statutes at Large, 1763.djvu/109

This page has been proofread, but needs to be validated.
A.D. 1276.
Anno quarto Edwardi I.
Stat. 3.
63

CAP. IV.
Purprestures or Usurpations upon the King's Land shall be reseised.

[1]COncerning Purprestures, or any Manner of Usurpations, made upon the King within Franchises, or elsewhere, it was agreed and determined in the Time of King Henry, that where such Usurpers were living, the King should reseise of new the Land so usurped out of the Hands of the Usurpers; the which Thing also shall be from henceforth observed in the Realm;[2] [3](2) and if any do complain upon such Reseisers, he shall be heard like as Right requireth.

Enforced by 17 Ed. 2. c. 13.

  1. ↑ 9 Co. 16.; Fitz. Dower, 169.
  2. ↑ Read in the King's Court.
  3. ↑ 2 Inst. 272.

CAP. V.
Bigamus shall not be allowed his Clergy.

COncerning Men twice married, called Bigami, whom the Bishop of Rome, by a Constitution made at the Council of Lions, hath excluded from all Clerks Privilege, whereupon certain Prelates (when such Persons have been attainted for Felons) have prayed for to have them delivered as Clerks, which were made Bigami before the same Constitution; [1](2) it is agreed and declared before the King and his Council, that the same Constitution shall be understood in this wise, that whether they were Bigami before the same Constitution, or after, they shall not from henceforth be delivered to the Prelates, but Justice shall be executed upon them, as upon ⟨other⟩[2] Lay People.

Altered by 1 Ed. 6. c. 12. which allows Clergy.

See 1 Jac. 1. c. 11. which makes this Offence Felony.

  1. ↑ Rast. 206.; 2 Inst. 273.
  2. ↑ Omit other.

CAP. VI.
by what Words in a Feoffment a Feoffor shall be bound to Warranty.

[1]IN Deeds also where is contained Dedi & concessi tale tenementum without Homage, or without a Clause that containeth Warranty, and to be holden of the Givers, and their Heirs, by a certain Service; it is agreed, that the Givers, and their Heirs, shall be bounded to Warranty. (2) And where is contained Dedi & concessi, &c. to be holden of the chief Lords of the Fee, or of other, and not of Feoffors,[2] or of their Heirs, reserving no Service, without Homage, or without the foresaid Clause, their Heirs shall not be bounden to Warranty, notwithstanding the Feoffor during his own Life, by Force of his own Gift, shall be bound to warrant. (3) All these Constitutions aforesaid were made at Westminster,[3] in the Parliament next after the Feast of St. Michael, the fourth Year of the Reign of King Edward, Son of King Henry; [4]and from that Time forth they shall take Effect.

  1. ↑ Dyer 15, 221.; 1 Co. 1. 1.; 3 Co. 58.; 4 Co. 81.; 5 Co. 17.; 8 Co. 52.
  2. ↑ Read than the Feoffors, &c.
  3. ↑ Not in the Original.
  4. ↑ 2 Inst. 274.

STATUTA

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.