CAP. XXVIII.
In certain Actions, after Appearance there shall be no Essoin.
[1]WHereas by the Statute of Westminster the First, it was provided, That after the Tenants have once appeared in the Court, no Essoin should be allowed them in Writs of Assises; (2) In like Manner it shall be from henceforth observed against the Demandants.
See farther concerning Essoins,
13 Ed. 1. c. 17.
12 Ed. 2. stat. 2.
5 Ed. 3. c. 6.
- ↑ Fitz. Essoin, 65, 66, 68, 69, 78, 149.; 2 Inst. 418.; Stat. Westm. 1. 3 Ed. 1. c. 42, 43, & 44.; Rast. 316.
CAP. XXIX.
To whom only the Writ of Trespass of Oyez and Terminer shall be granted. In what Case the Writ of Odio & Atia is granted.
[1]A Writ of Trespass (ad audiendum & terminandum) from henceforth shall not be granted before any Justices, except Justices of either Bench, and Justices in Eyre, unless it be for an heinous Trespass, where it is necessary to provide speedy Remedy, and our Lord the King of his special Grace hath thought it good to be granted. (2) And from henceforth a Writ to hear and determine Appeals before Justices assigned shall not be granted but in a special Case, and for a Cause certain, when the King commandeth. A Writ of Odio & Atia.(3) [2]But lest the Parties appealed or indicted be kept long in Prison, they shall have a Writ of Odio & Atia, like as it is declared in Magna Charta and other Statutes.
See
Stat. 2. Ed. 3. c. 2. who shall be Justices of Assise and Gaol Delivery. And see
28 Ed. 3. c. 9. which takes away the Writ de Odio & Atia.
- ↑ 2 Inst. 418.; 4 Inst. 182.
- ↑ Regist. 123.; Regist. 133.; 9 H. 3. stat. 1. c. 26.; 3 Ed. 1. c. 11.; 6 Ed. 1. stat. 1. c. 9.
CAP. XXX.The Authority of Justice of Nisi prius. Adjournment of Suits. Certain Writs that be determinable in their proper Counties. A Jury may give their Verdict at large. None but which were summoned shall be put in Assises or Juries.
Who shall be Justices of Nisi prius.FROM
[1]henceforth two Justices sworn shall be assigned, before whom, and none other, Assises of
Novel disseisin,
Mortdauncestor, and
Attaints shall be taken, and they shall associate unto them one or two of the discreetest Knights of the Shire into which they shall come; (2) and shall take the foresaid Assises and Attaints but thrice in the Year at the most, that is to fay, first between the
Quinzime of Saint
John Baptist, and the
Gule of
August;
[2]and the second Time, between the Feast of the Exaltation of the Holy Cross, and the
Utas of Saint
Michael; and the third Time, between the Feast of the Epiphany, and the Feast of the Purification of the blessed
Mary. (3) And in every Shire at every taking of Assises before their Departure, they shall appoint the Day of their Return, so that every one of the Shire may know of their coming,
Adjournment of Assises.and shall adjourn the Assises from Term to Term, if the taking of them be deferred at any Day by vouching to Warranty, by Essoin, or by Default of Jurors.
[3](4) And if they see that it be profitable for any Cause that Assises of
Mortdauncestor, being respited by Essoin or Voucher, ought to be adjourned into the Bench; it shall be lawful for them to do it, and then they shall send the Record with the original Writ before the Justices of the Bench; and when the Matter is come to the taking of the Assise, the Justices of the Bench shall remit
Altered by
27 Ed. 1. stat. 1. c. 4.
12 Ed. 2. stat. 2.[n 1] c. 4.
Who shall be Justices of Assise, and their Duty. See
2 Ed. 3. c. 2.
4 Ed. 3. c. 2.
20 Ed. 3. c. 3 & 6.
- ↑ 2 Inst. 422.; 2 Bulstr. 160.; 12 Co. 31, 52.; Kel. 109. pl. 30.
- ↑ Regist. 186.; F. N. B. 240. b.
- ↑ 9 H. 3. stat. 1. c. 12.; Bro. Nisi prius, 31.