Page:Ruffhead - The Statutes at Large, 1763.djvu/143

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1.
97

same Justices that took the Assise, and [1]offer to prove by Record or Rolls, that another Time an Assise passed between the same Parties of the same Land, or that the Plaintiff at another Time did withdraw his Suit in a like Writ, or that a Plea hangeth by a Writ of more high Nature, a Writ of Venire facias shall be granted unto him to cause the same Record to be brought; and when he hath the same, and the Justices do perceive, that the Record so shewed by him would have been so available before the Judgement, that the Plaintiff by Force of the same should have been barred of his Action, the Justices shall presently cause the Party to be warned that first recovered, that he appear at a certain Day, at the which the Defendant shall have again his Seisin and Damages (if he before paid any by the first Judgement given) which[2] [3]shall be restored him to the Double, as before is said; (15) and also he that first recovered shall be punished by Imprisonment according to the Discretion of the Justices. (16) In the same Manner if the Defendant, against whom the Assise passed in his Absence, shew any Deeds or Releases, upon the making whereof the Jury were not examined, nor could be examined, because there was no Mention made of them in pleading, and by Probability might be ignorant of the making of those Writings; the Justices upon the Sight of those Writings shall cause the Party to be warned that recovered, that he appear at a certain Day, and shall cause the Jurors of the same Assise to come; [4](17) and if he shall verifie those Writings to be true by the Verdict of the Jurors, or by Inrollment, he that purchased the Assise contrary to his own Deed, shall be punished by the Pain aforesaid. (18) And the Sheriff from henceforth shall not take an Ox of the Diseissee, but of the Disseisor only; and if there be many Disseisors named in one Writ, yet shall he be contented with one Ox; nor shall receive any Ox but of v s.[5] Price, or the Value.

See farther concerning Assises 7 Rich. 2. c. 10.  4 Hen. 4. c. 8.  6 Hen. 6. c. 2.  11 Hen. 6. c. 2. And 21 H. 8 c. 3.

  1. ↑ Fitz. Ass. 5, 123.; Fitz. Certificate, 2, 3, 4, 7, 8, 10.; F. N. B. 181, &c.; Rast. 110.; Regist. 200.
  2. ↑ Add together with the Damages he had, after the first Judgment given, which, &c.
  3. ↑ 17 Ed. 3. f. 28.
  4. ↑ 12 H. 4. f. 9.; 7 H. 4. f. 45.; Fitz. Ass. 412.
  5. ↑ Add and four Pence.

CAP. XXVI.
Who may bring a Writ of Redisseisin, and the Punishment of the Offender therein.

[1]IN Writs of Redisseisin from henceforth double Damages shall be awarded, and the Redisseisors shall not be repleviable hereafter by the common Writ. (2) And like as in the Statute of Merton the same Writ was provided for such as were disseised after they had recovered by Assise of Novel disseisin, of Mortdauncestor, or other Jurates; (3) even so from henceforth the same Writ shall further hold Place for them that shall recover by Default, Reddition, or otherwise, without Recognition of Assises or Jurates.[2]

  1. ↑ 2 Inst. 416.; 15 H. 7. f. 8.; Co. Lit. 154.
  2. ↑ 20 H. 3. c. 3.; 52 H. 3. c. 8.; Rast. 548.

CAP. XXVII.
Essoin after Inquest, but none after Day given Prece partium.

[1]AFter any hath put himself to an Inquest, an Essoin shall be allowed him at the next Day; (2) but all the other Days following, the taking of the Inquest shall not be delayed by the Essoin, whether he were essoined before, or no; (3) neither shall any Essoin be allowed after Day given Prece partium, in case where the Parties content to come without Essoin.[2]

  1. ↑ 2 Inst. 417.; Fitz. Essoin, 15, 81, 83, 130.; Dyer 224, 324.; Bro. Parl. 5.
  2. ↑ Rast. 297.
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