Page:Ruffhead - The Statutes at Large, 1763.djvu/152

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106
Stat. 1.
Anno decimo tertio Edwardi I.
A.D. 1285.

vict of such Resistance, they shall be punished at the King's Pleasure. Neither shall any Officer of the King's meddle in assigning the Punishment, for our Lord the King [1]hath reserved it specially to himself, because that Resisters have been reputed Disturbers of his Peace, and of his Realm.

  1. ↑ ☞ 18 Ed. 1. c. 18. ☞ This seems to be a mistaken Reference.

CAP. XL.
A Woman's Suit shall not be deferred by the Minority of the Heir.

[1]WHere any doth aliene the Right of his Wife, it is agreed, That from henceforth the Suit of the Woman, or her Heir, after the Death of her Husband, shall not be delayed by the Nonage of the Heir that ought to warrantise, but let the Purchaser tarry, which ought not to have been ignorant that he bought the Right of another, until the Age of his Warrantor, to have his Warranty.[2]

  1. ↑ Fitz. Age, 47, 76, 126, 138.; Fitz. Voucher, 180, 183, 226, 305.; Rast. 139.
  2. ↑ 2 Inst. 455.; 2 Leon. 148.

CAP. XLI.
A Contra formam Collationis; and a Cessavit to recover Lands given in Alms.

[1]OUR Lord the King hath ordained, That if Abbots, Priors, Keepers of Hospitals, and other religious Houses founded by him or by his Progenitors, do from henceforth aliene the Lands given to their Houses by him or by his Progenitors; the Land shall be taken into the King's Hands, and holden at his Will, and the Purchaser shall lose his Recovery as well of the Lands, as of the Money that he paid. (2) And if the House were founded by an Earl, Baron, or other Persons, for the Lands so aliened, he from whom, or from whose Ancestor the Land so aliened was given, shall have a Writ to recover the fame Land in Demesne, which is thus:

Obs. by 31 H. 8. c. 13. for the Dissolution of Monasteries and Abbeys.

  1. ↑ 12 Co. 72.; 1 Roll. 166.

Cont. form. collat.II. [1]Præcipe tali abbati, quod juste, &c. reddat G. F. tale tenementum quod eidem domui collatum fuit in liberam eleemosynam per predictum G. vel antecessores suos, & quod ad prædictum G. reverti debet per alienationem quam prædictus abbas fecit de prædicto tenemento, contra formam collationis prædictæ, ut dicit.

[2]III. In like Manner for Lands given for the Maintenance of a Chantery, or of Light in a Church or Chapel, or other Alms to be maintained, if the Land given be aliened. (2) But if the Land so given for a Chantery, Light, Sustenance of poor People, or other Alms to be maintained or done, be not aliened, but such Alms is withdrawn by the Space of two Years, an Action shall lie for the Donor or his Heir to demand the Land so given in demean, as it is ordained in the [3]Statute of Gloucester for Lands leafed to do or to render the fourth Part of the Value of the Land, or more.[4]

  1. ↑ Regist. 238.
  2. ↑ Fitz. Brief, 291.; Fitz. Cessavit, 15, 18, 24, 44.
  3. ↑ St. 6 Ed. 1. c. 4.
  4. ↑ 11 Co. 63.

CAP. XLII.
The several Fees of Marshals, Chamberlains, Porters of Justice in Eyre, &c.

The several Fees of Marshals, Chamberlains, &c. which have the Office in Fee.COncerning [1]the King's Marshals of Fee, Chamberlains, Porters in the Circuit of Justices and Serjeants bearing Vierge before Justices at Westminster, which have the same Office in Fee, and that ask more by Reason of their Fee than they have used to ask, whereupon many do complain on them, that have known and seen the Order of the Court of
  1. ↑ 2 Inst. 461.
3
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