Page:Ruffhead - The Statutes at Large, 1763.djvu/169

This page has been proofread, but needs to be validated.
A.D. 1290.
Anno decimo octavo Edwardi I.
Stat. 2.
123

The Statute of Quo Warranto, made Anno 18 Edw. I. Stat. 2. and Anno Dom. 1290.

How they shall hold their Liberties which claim them by Prescription or Grant. A Quo Warranto shall be pleaded and determined before Justices in Eyre.

[1]FOrasmuch as Writs of Quo Warranto, and also Judgements given upon Pleas of the same, were greatly delayed, because the Justices in giving Judgement were not certified of the King's Pleasure therein; (2) our Lord the King, at his Parliament holden at Westminster, after the Feast of Easter, the eighteenth Year of his Reign, of his special Grace, and for the Affection that he beareth unto his Prelates, Earls, and Barons, and other of his Realm, hath granted, That all under his Allegiance, whatsoever they be, as well spiritual as other, which can verify by good Enquest of the Country, or otherwise, They which have Liberties by Prescription shall enjoy them.that they and their Ancestors or Predecessors have used any Manner of Liberties, whereof they were impleaded by the said Writs, before the Time of King Richard our Cousin, or in all his Time, and have continued hitherto (so that they have not misused such Liberties) that the Parties shall be adjourned further unto a certain Day reasonable before the same Justices, within the which they may go to our Lord the King with the Record of the Justices, signed with their Seal, and also return; and our Lord the King, by his Letters Patents, shall confirm their Estate. (3) And they that cannot prove the Seisin of their Ancestors or Predecessors in such Manner as is before declared, shall be ordered and judged after the Law and Custom of the Realm;[2] (4) and such as have the King's Charter shall be judged according to their Charters.

  1. ↑ 2 Inst. 594.; Fitz. Brief, 886.; Kel. 137, &c.; Bro. Quo Warranto, 1, 2, 3, 4, 6, 8, 11.; Bro. Prescription, 10, 14, 18, 32, 33, 34, 52, 54, 64, 65, 73, 83, 98, 107, 108.; Bro. Franchise, 4, 10, 14, 22, 26, 37.
  2. ↑ Read after the Common Law.

Liberties by the King's Grant.II. [1]Moreover, the King of his special Grace hath granted, that all Judgements that are to be given in Pleas of Quo Warranto, by his Justices at Westminster, after the foresaid Easter, for our Lord the King himself, if the Parties grieved will come again before the King, he of his Grace shall give them such Remedy as before is mentioned. (2) Also our said Lord the King hath granted, for sparing of the Costs and Expences of the People of his Realm, that Pleas of Quo Warranto from henceforth Where Pleas of Quo Warranto shall be determined.shall [2]be pleaded and determined in the Circuit of the Justices, and that all Pleas now depending shall be adjourned into their own Shires, until the coming of the Justices into those Parts.

  1. ↑ Fitz. Conusance, 16, 19, 21, 26, 30, 31, 36, 39, 46, 51, 54, 57, 60, 61, 62, 63, 64.
  2. ↑ Rast. 540.

Another new Statute of Quo Warranto, Stat. 3. made the same Year to that Effect.[1]

Liberties by Prescription of the King's Grant.COncerning the Writ that is called Quo Warranto, our Lord the King, at the Feast of Pentecost, in the eighteeth Year of his Reign, hath established, That all those which claim to have quiet Possession of any Franchise before the Time of King
  1. ↑ This is taken from the Secunda pars veterum Statutorum, and is inserted in the Editions of Mr. Justice Rastal, &c.
R 2
Richard
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.