Page:Ruffhead - The Statutes at Large, 1763.djvu/117

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A.D. 1278.
Anno sexto Edwardi I.
71
tates habere clamant, & quo warranto, & tu ipse sis ibidem personaliter una cum ballivis & ministris ad certificandum ipsos justiciarios super his & aliis negotiis illud tangentibus.

V. This Clause of Liberties, that beginneth in this wise, Præcipimus tibi, quod publice proclamari facias, &c. is put in the Writ of common Summons of the Justices in Eyre, and shall have a Premonition by the Space of forty Days, as the common Summons hath; (2) so that if any Party that claimeth to have a Liberty, be before the King, he shall not be in Default before any Justices in their Circuits; for the King of his special Grace hath granted, that he will save that Party harmless as concerning that Ordinance. (3) And if the fame Party be impleaded upon such manner of Liberties before one or two of the foresaid Justices, the fame Justices, before whom the Party is impleaded, shall save him harmless before the other Justices; and so shall the King also before him, when it shall appear by the Justices, that so it was in Plea before them as is aforesaid. (4) And if the foresaid Party be afore the King, so that he cannot be the fame Day afore the said Justices in their Circuits, the King shall save that Party harmless before the foresaid Justices in their Circuits for the Day, whereas he was before the King. Liberties seised into the King's Hands in the Name of Distress.(5) And if he do not come in at the fame Day, then those Liberties shall be taken into the King's Hands in Name of Distress, by the Sheriff of the Place, so that they shall not use them until they come to answer before the Justices; (6) and when they do come in by Distress, their Liberties shall be replevised (if they demand them) in the which Replevins they shall answer immediately after the Form of the Writ aforesaid; (7) and if percase they will challenge, and say that they are not bounden to answer thereunto without an original Writ, then if it may appear by any mean, that they have usurped or occupied any Liberties upon the King, or his Predecessors, of their own Head or Presumption, they shall be commanded to answer incontinent without Writ, and moreover they shall have such Judgement as the Court of our Lord the King will award; (8) and if they will say further, that their Ancestors died seised thereof, they shall be heard, and the Truth shall be inquired incontinent, and according to that Judgement shall be given; (9) and if it appear that their Ancestors dies seised thereof, then the King shall award an Original out of the Chancery in this form:

A Quo Warranto for a Leet or other Liberty.Rex vic' salutem. Sum' per bonos summon' talem, quod sit coram nobis apud talem locum in proximo adventu nostro in com' prædict' vel coram justiciariis nostris ad proximam assisam, cum in partes illas venerint, ostensurus quo warranto tenet visum francipleg' in manerio suo de N. vel sic, quo warranto tenet hundredum de S. in com' prædict'; vel, quo warranto clamat habere thelonium pro se & hæredibus suis per totum regnum nostrum; & habeas ibi hoc breve. Teste, &c.

(10) And if they come in at the same Day, they shall answer, and Replication and Rejoinder shall be made; (11) and if they do not come, nor be essoined before the King, and the King do tarry longer in the same Shire, the Sheriff shall be commanded to cause them to appear the fourth Day; (12) at which Day if they come not, and the King be in the same Shire, such Order shall be taken as in the Circuit of Justices; (13) and if the King depart from the same Shire, they shall be adjourned unto short Days, and shall have reasonable Delays according to the Discretion of the Justices, as it is used in personal Actions. (14) Also the Justices in Eyre in their Circuits shall do according to the foresaid Ordinance, and according as such Manner of Pleas ought to be ordered in the Circuit. (15) Concerning Complaints made and to be made of the King's Bailiffs, and of other, it shall be done according to the Ordinance made before thereupon, and according to the Inquests taken thereupon heretofore; (16) and the Clause subscribed shall be put in a Writ of common Summons in the Circuit of the Justices assigned to common Pleas directed to the Sheriff, &c. and that shall be such:

A Proclamation, that all, who will complain of the King's Officers, shall shew their Griefs to the Justices.Rex vic' salutem. Præcipimus tibi, quod publice proclamari facias, quod omnes conquerentes, seu conqueri volentes, tam de ministris & aliis ballivis nostris quibuscunque, quam de ministris & ballivis aliorum quorumcunque, & aliis, veniant coram justiciariis nostris ad primam assisam, ad quascunque querimonias suas ibidem ostendendas, & competentes emendas inde recipiendas secundum legem & consuetudinem regni nostri, & juxta ordinationem per nos inde factam, & juxta tenorem statutorum nofsrorum, & juxta articulos iisdem justiciariis nostris inde traditos, prout prædicti justiciarii tibi scire faciant ex parte nostra. the Juftices. Teste meipso, &c. decimo die Decembris, anno regni nostri, &c.

A Statute 30 die Octobris, Anno 7 Edwardi I. Stat. 1. and Anno Dom. 1279.

To all Parliaments and Treatises every Man shall come without Force and Arms.[1]

The King to the Justices[2] of his Bench sendeth Greeting. Whereas of late before certain Persons deputed to treat upon sundry Debates had between us and certain great Men of our Realm, amongst other Things it was accorded, That in our next Parliament, after Provision shall be made by us, and the common Assent of the Prelates, Earls, and Barons, that in all Parliaments, Treatises, and other Assemblies, which should be made in the Realm of England for ever, that every Man shall come without all Force and Armour, well and peaceably, to the Honour of us, and the Peace of us
  1. ↑ This is taken from the Secunda Pars Veterum Statutorum, and is in all the English Editions.
  2. ↑ Read Edward by the Grace of God, King of England, Lord of Ireland, and Duke of Aquitain, to the Justices, &c.
3
and
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