Page:Ruffhead - The Statutes at Large, 1763.djvu/148

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102
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

be married, or carried into another County, then a Writ shall be directed to the Sheriff of the same Shire in this Form:

A Writ if the Heir be carried into another County.

Questus [1]est nobis A. quod B. nuper talem hæredem infra ætatem & in custodia sua existentem tali loco in comitatu tali rapuit, & de comitatu tali ad talem locum in com' tuo abduxit contra voluntatem ipsius A. & contra pacem nostram, &c. Et ideo tibi præcipimus, quod prædictum hæredem (ubicunque in balliva tua invenire poteris) capias, & salvo & secure eum custodias, ita quod eum habeas coram justitiariis nostris, &c. tali die, quem idem A. habet versus prædictum B. ad reddendum cui de jure reddi debeat.

If the Heir die before the Suit ended.(7) [2]And if the Heir do die afore he can be found, or before he can be restored to the Plaintiff, the Plea shall pass between them nevertheless, until it be tried unto whom he ought to have been restored if he had been living. (8) Neither shall the Ravisher of such a one be excused or eased of the Punishment aforesaid by the Death of the Heir, whom he did withhold by Wrong during his Life. [3](9) And if the Plaintiff die before the Plea determined, if the Right belong to him by reason of his proper Fee, the Plea shall be resummoned at the Suit of the Heir of the Plaintiff, and the Plea shall pass in due Order. [4](10) But if the Right belongeth to him by another Title, as by a Title of Gift, Sale, or other such like, then the Plea shall be resummoned at the Suit of the Executors of the Plaintiff, and the Plea shall pass as before is said. If the Defendant die.(11) In the same manner if the Defendant die before the Plea be tried, or the Heir be restored, the Plea shall pass by Resummons between the Plaintiff, his Heirs or Executors, and the Executors of the Defendant or his Heirs, if the Executors be not sufficient to satisfy for the Value of the Marriage, [5]after as it is contained in other Statutes, but not as to the Pain of Imprisonment; for none ought to be punished for the Offence of another. Resummons in communi custodia.(12) [6]In the same manner when a Plea hangeth between Parties for the Ward of Land, or of an Heir, or of both, by the common Writ that beginneth Præcipe tali, &c. quod reddat, &c. Resummons shall be made between the Heirs and Executors of the Plaintiff; and likewise the Heirs and the Executors of the Defendant, if Death prevent any of the Parties before the Plea determined. (13) And when they have passed to the great Distress, a Day shall be given, within which three County-Courts may be holden at the least, in every of which open Proclamation shall be made, that the Deforcer shall come into the Bench at the Day contained in the Writ, to answer the Plaintiff; (14) at which Day if he come not, and the Proclamation be so returned once, twice, or thrice, the Judgement shall pass for the Plaintiff, saving the Right of the Defendant, if after he will claim it. [7](15) In the same manner it shall be done in a Writ of Trespass, when any complaineth himself to be Ejectione Custodiæ.ejected from such Wardships.

Obs. by 12. Car. 2. c. 24.

  1. ↑ Dyer 239.
  2. ↑ Fitz. Brief, 776.
  3. ↑ 24 Ed. 3. f. 48.; 11 H. 4. f. 54.
  4. ↑ Fitz. Executors, 52.; Fitz. Gard. 110.; 24 Ed. 3. f. 25.
  5. ↑ 20 H. 3. c. 6.; 3 Ed. 1. c. 22.
  6. ↑ 52 H. 3. c. 7.; Fitz. Proces. 33.
  7. ↑ Fitz. Gard. 89.; Dyer 369.; Regist. 161, &c.


CAP. XXXVI.
A Distress taken upon a Suit commenced by others.

The Penalty for Procurement of Suits.FOasmuch [1]as Lords of Courts, and other that keep Courts, and Stewards, intending to grieve their Inferiors, where they have no lawful mean so to do, procure other to move Matters against them, and to put in Surety and other Pledges, or to pur-
  1. ↑ 22 Ed. 3. f. 15.; Fitz. Avowry, 78,
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