Page:Ruffhead - The Statutes at Large, 1763.djvu/113

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A.D. 1278.
Anno sexto Edwardi I.
C. 7–9.
67

CAP. VII.
A Writ of Entry in casu proviso, upon a Woman's Alienation of Dower.

[1]ALSO if a Woman sell or give in Fee, or for Term of Life, the Land that she holdeth in Dower; it is ordained, That the Heir, or other to whom the Land ought to revert after the Death of such Woman, shall have present Recovery to demand the Land by a Writ of Entry made thereof in the Chancery.[2]

Enforced and amended by 11 H. 7. c. 20. which gives a Right of Entry to Reversioners.

  1. ↑ Fitz. Entree, 7, 8.; Bro. Ingress, 3.; 2 Inst. 309.; 1 Roll. 161.
  2. ↑ Regist. 235.

CAP. VIII.
No Suit for Goods in the King's Courts under Forty Shillings. Attornies may be made where an Appeal lieth not. The Defendant being essoined shall bring in his Warrant.

[1]IT is provided also, That Sheriffs shall plead Pleas of Trespass in their Counties, as they have been accustomed to be pleaded. (2) And that none from henceforth shall have Writs of Trespass before Justices, unless he swear by his Faith, that the Goods taken away were worth Forty Shillings at the least. (3) And if he complain of Beating, he shall answer by his Faith, that his Plaint is true. (4) Touching Wounds and Maims, a Man shall have his Writ as before hath been used; [2](5) and it is agreed, that the Defendants in such Pleas may make their Attornies, where Appeal lieth not; (6) so that if they be attainted being absent, then the Sheriff shall be commanded to take them, and shall have like Pain as they should have had, if they had been present at the Judgement given. (7) And if the Plaintiffs from henceforth in such Trespasses cause themselves to be essoined after the first Appearance, Day shall be given them unto the coming of the Justices in Eyre, and the Defendants in the mean Time shall be in Peace. (8) In such Pleas and other, whereas Attachments and Distresses do lie, if the Defendant essoin himself of the King's Service, and do not bring his Warrant at the Day given him by the Essoin, he shall recompense the Plaintiff Damages for his Journey Twenty Shillings, or more, after the Discretion of the Justices, [3]and shall be grievously amerced unto the King.

Enforced by 43 El. c. 6. and 21 Jac. 1. c. 16. which bar Plaintiffs of Costs in Actions under 40s.

  1. ↑ Fitz. Brief, 550.; 14 H. 8. f. 15.; 2 Inst. 310.; Bro. Attorn. 64, 74, 78, 82, 88.
  2. ↑ Fitz. Essoin, 16, 17, 39, 41, 79, 116, 118, 198.' Cro. El. 96.
  3. ↑ Keilw. 126. b.

CAP. IX.
One Person killing another in his own Defence, or by Misfortune. An Appeal of Murther.

[1]THE King commandeth that no Writ shall be granted out of the Chancery for the Death of a Man to enquire whether a Man did kill another by Misfortune, or in his own Defence, or in other Manner without Felony; (2) but he shall be put in Prison until the coming of the Justices in Eyre, or Justices assigned to the Gaol-delivery, and shall put himself upon the Country before them for Good and Evil: (3) in cafe it be found by the Country, that he did it in his Defence, or by Misfortune, then by the Report of the Justices to the King, the King shall take him to his Grace, if it please him. (4) It is provided also, that no Appeal shall be abated so soon as they have been heretofore; but if the Appellor declare the Deed, the Year, the Day, the Hour, the Time of the King, and the Town where the Deed was done and with what Weapon he was[2]

See 2 Ed. 3. c. 2. and 14 Ed. 3. stat. 1. c. 15. in what Cases the King's Pardon shall be granted. And see the 28 Ed. 3. c. 9. which orders that no Writ shall be directed to a Sheriff to charge an Inquest to indict any.

  1. ↑ 9 H. 3. stat. 1. c. 26; 3 Ed. 1. c. 11.; 2 Inst. 314.; Kel. fo. 53, 108.; Wood's Inst. 628.; Bulst. 80.
  2. ↑ Not in the Original.
K 2
slain,
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