Page:Ruffhead - The Statutes at Large, 1763.djvu/130

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Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.
Quod ei deforced for Tenant in Frank-marriage.

Præcipe A. quod juste, &c. reddat B. manerium de D. cum pertinentiis, quod clamat esse jus & maritagium suum, & quod A. ei injuste deforceat.

For Tenant for Life, or in Tail.[1](6) Likewise of Land for Term of Life, lost by Default, this Writ shall be made:

Præcipe A. quod juste, & sine dilatione, &c. reddat B. manerium de D. cum pertinentiis, quod clamat tenere ad terminum vitæ suæ, & quod prædictus A. ei deforceat.Likewise,

(7) Quod clamat tenere sibi, & hæredibus de corpore suo legitime procreatis, & quod preditbus A. ei deforceat.

  1. ↑ Fitz. Quod ei deforceat, 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 17.; Cro. Car. 445.; F. N. B. 155. b.; Regist. 171. b. 230.; Rast. 491.

CAP. V.
Remedies to redress Usurpations of Advowsons of Churches, &c.

Three original Writs of Advowson.WHEREAS [1]of Advowsons of Churches there be but Three original Writs, that is to say, One Writ of Right, and Two of Possession, which be Darrein Presentment, and Quare impedit; Usurpations of Churches during particular Estates shall not prejudice them in the Reversion.[2](2) and hitherto it hath been used in the Realm, that when any having no Right to present, had presented to any Church, whose Clerk was admitted, he that was very Patron could not recover his Advowson, but only by a Writ of Right, which, should be tried by Battail or by great Assise, whereby Heirs within Age, by Fraud, or else by Negligence of their Wardens, and Heirs both of great and mean Estate, by Negligenceor Fraud of Tenants by the Courtesie, Women Tenants in Dower, or otherwise, for Term of Life, or for Years, or in Fee-tail, were many Times disherited of their Advowsons, or at least (which was the better for them) were driven to their Writ of Right, in which Case hitherto they were utterly disinherited; (3) it is provided, That such Presentments shall not be so prejudicial to the right Heirs, or to them unto whom such Advowsons ought to revert after the Death of any Persons: (4) For as often as any, having no Right, doth present during the Time that such Heirs are in Ward, or during the Estates of Tenants in Dower, by the Courtesie, or otherwise for Term of Life, or of Years, or in Tail; at the next Avoidance, when the Heir is come to full Age, or when after the Death of the Tenants before named the Advowson shall revert unto the Heir being of full Age, he shall have such Action by Writ of Advowson Possessorie, as the last Ancestor of such an Heir should have had at the last Avoidance happening in his Time, being of full Age before his Death, or before the Demise was made for Term of Life, or in Fee-tail, as before is said. Presentations to Churches of Women during their Coverture.(5) The same shall be observed in Presentments made unto Churches, being of the Inheritance of Wives, what Time they shall be under the Power of their Husbands, which must be aided by this Estatute by the Remedy aforesaid. Churches of religious Persons.(6) Also religious Men, as Bishops, Archdeacons, Parsons of Churches, and other spiritual Men, shall be aided by this Estatute, in case any having no Right to present do present unto Churches belonging to Prelacies, spiritual Dignities, Parsonages, or to Houses of Religion, what Time such Houses, Prelacies, spiritual Dignities, or Parsonages be vacant.

  1. ↑ 2 Inst. 353.; 13 Co. 6.; 1 Roll. 151, 156, 157, 158, 211, 462.; St. 7. Ann. c. 18.; Rast. 101, 144, 496. 3 Bulstr. 40.; Hob. 240.
  2. ↑ Kel. 1.; Fitz. Quare impedit, 43, 67, 87, 92, 96, 99, 105, 127, 142, 167.
Judgments given shall not be reversed but by Writ of Error or Attaint.II. [1]Neither shall this Act be so largely understanden, that such Persons, for whose Remedy this Statute was ordained, shall have the Recovery aforesaid, surmising that Guardians of Heirs, Tenants in Tail, by
  1. ↑ 39 Ed. 3. 15.
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