Page:Ruffhead - The Statutes at Large, 1763.djvu/149

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 1
103

[1]chase Writs, and at the Suit of such Plaintiffs compel them to follow the County, Hundred, Wapentake, and other like Courts, until they have made Fine with them at their Will; (2) it is ordained, that it shall not be so used hereafter. (3) And if any be attached upon such false Complaints, he shall replevy his Distress so taken, and shall cause the Matter to be brought afore the Justices, before whom if the Sheriff, Bailiff, or other Lord (after that the Party distrained hath framed his Plaint) will advow the Distress lawful by reason of such Complaints made unto them, and it be replied that such Plaints were moved maliciously against the Party by the Solicitation or Procurement of the Sheriff, or other Bailiffs, or Lords, [2]the same Replication shall be admitted; (4) and if they be convict hereupon, they shall make Fine to the King, and nevertheless restore treble Damages to the Parties grieved.

See 9 Ed. 2. c. 9.  1 & 2 P. & M. c. 12. See farther 2 W. & M. sess. 1 c. 5. §. 5. giving double Damages for wrongful Distress; and 11 Geo. 2. c. 19. §. 19 providing that Distresses for Rent shall not be deemed Trespasses on Account of any Irregularity in the Disposition of them.

  1. ↑ 9 H. 3. c. 10.; 51 H. 3. stat. 4.; 52 H. 3. c. 1 & sequent.; 3 Ed. 1. c. 16 & 23.; 2 Inst. 443.
  2. ↑ 13 Hen. 4. 2.

CAP. XXXVII.
No Distress shall be taken but by Bailiffs known and sworn.

[1]FOrasmuch also as Bailiffs, to whose Office it belongeth to take Distreses, intending to grieve their Inferiors, that they may exact Money of them, do send Strangers to take Distresses, to the Intent that they might grieve their Inferiors, by reason that the Parties so distrained, not knowing such Persons, will not suffer the distresses to be taken; (2) it is provided, That no Distress shall be taken, but by Bailiffs sworn and known. (3) And if they which do distrain do otherwise, [2]and thereof be convict (if the Parties grieved will purchase a Writ of Trespass) they shall restore Damages to the Parties grieved, and besides, shall be grievously punished towards the King.

See the References to the foregoing Chapter.

  1. ↑ 2 Inst. 445.
  2. ↑ 3 Co. 12.

CAP. XXXVIII.
How many shall be returned in Juries and petit Assises, and of what Age they shall be.

FOrasmuch also as Sheriffs, Hundreders, and Bailiffs of Liberties, have used to grieve those which be in Subjection unto them, putting in Assises and Juries Men diseased and decrepit, and having continual or hidden Disease; (2) and Men also that dwelled not in the Country at the Time of the Summons; (3) and summon also an unreasonable Multitude of Jurors, for to extort Money from some of them for letting them go in Peace, and so the Assises and Juries pass many Times by Poor Men, and the Rich Men abide at home by reason of their Bribes: What sort of Persons shall be returned in Juries or petit Assises, and of what Age they shall be.(4) it is ordained, That from henceforth in one Assise no more shall be summoned than four and twenty; (5) and old Men, above Threescore and ten Years, being continually sick, or being diseased at the Time of the Summons, or not dwelling in that Country, [1]shall not be put in Juries of petit Assises. (6) Nor any shall be put in Assises or Juries, though they ought to be taken in their own Shire, that may dispend[2] less than ⟨the Value of⟩[3] Twenty Shillings yearly. [4](7) And if such Assises and Juries be taken out of the Shire, none shall pass in them but such as may dispend[5] Forty Shillings yearly at the

Enforced by 28 Ed. 1. stat. 3. c. 9.

See 21 Ed. 1. stat. 1. De iis qui ponendi sunt in Assisas. See farther for the Qualifications of Jurors, 33 Ed. 1. stat. 4.  5 Ed. 3. c. 10.  25 Ed. 3. stat. 5. c. 3.  34 Ed. 3. c. 4 & 8.  42 Ed. 3. c. 11.  1 R. 3. c. 4.  11 H. 7. c. 21.  4 H. 8. c. 3.  23 H. 8. c. 13.  35 H. 8. c. 6.  27 El. c. 6.  4 & 5 W. & M. c. 24. §. 15.  7 & 8 W. 3. c. 32.  3 & 4 Ann. c. 18.  3 Geo. 2. c. 25.  4 Geo. 2. c. 7.  6 Geo. 2. c. 37.  24 Geo. 2. c. 18. And 29 Geo. 2. c. 19.

  1. ↑ Kelyng 16.
  2. ↑ Hold a Tenement of.
  3. ↑ Add the Value of.
  4. ↑ 10 Hen. 4. f. 8.; 2 Roll. 163.; Bro. Jurors, 24.; Co. Lit. 158.
  5. ↑ Read hold a Tenement of less than the Value of.

least

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