Page:Ruffhead - The Statutes at Large, 1763.djvu/170

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124
Stat. 3.
Anno decimo octavo Edwardi I.
A.D. 1290.

Richard, without Interruption, and can shew the same by a lawful Enquest, shall well enjoy their Possession; (2) and in case that such Possession be demanded for Cause reasonable, our Lord the King shall confirm it by Title. (3) And those that have old Charters of Franchise, shall have the same Charters adjudged according to the Tenor and Form of them. (4) And those that have lost their Liberties sith Easter last parted by the foresaid Writ, according to the Course of Pleading in the same Writ heretofore used, shall have Restitution of their Franchise lost, and from henceforth they shall have according to the Nature of this present Constitution.[1]

  1. ↑ Rast. 540.

Modus levandi Fines, Anno 18 Edw. I. Stat. 4. Anno Dom. 1290.

The Manner of levying of Fines: What Things be requisite to make them good, and who are bound by them.

[1]WHEN the Writ original is delivered in Presence of the Parties before Justices, a Pleader shall say this, Sir Justice, Conge, de accorder; The Order of levying of a Fine.(2) and the Justice shall say to him, What saith Sir R.[2] and shall name one of the Parties. [3](3) Then, when they be agreed of the Sum of Money that must be given to the King, then the Justice shall say, Cry the Peace. The Form of a Fine.(4) And after the Pleader shall say,

In so much as Peace is licensed thus unto you W. S. and A. his Wife, that here be, do acknowledge the Manor of B. with the Appurtenances contained in the Writ, to be the Right of our Lord the King, which he hath of their Gift, (5) to have and to hold to him and his Heirs, of the said W. and A. and the Heirs of A. as in Demeans, Rents, Seigniories, Courts, Pleas, Purchases, Wards, Marriages, Reliefs, Escheats, Mills, Advowsons of Churches, and all other Franchises and free Customs to the said Manor belonging, paying yearly to R. and his Heirs, as chief Lords of the Fee, the Services and Customs due for all Services.

What Things be requisite to make a Fine good.(6) [4]And it is to be noted, That the Order of the Law will not suffer a final Accord to be levied in the King's Court without a Writ original, and that must be at the least before Four Justices in the Bench, or in Eyre, and not ⟨elsewhere⟩[5] otherwise, and in Presence of the Parties named in the Writ which must be of full Age, of good Memory, and out of Prison. What Person shall be concluded by a Fine.(7) [6]And if a Woman Covert be one of the Parties, then she must be first examined by Four of the said Justices; and if she doth not assent thereunto, the Fine shall not be levied. (8) And the Cause wherefore such Solemnity ought to be done in a Fine, is, because a Fine is so high a Bar, of so great Force, and of so strong Nature in itself, that it concludeth not only such as be Parties and Privies thereto, and their Heirs, but all other People of the World, being of full Age, out of Prison, of good Memory, and within the Four Seas, the Day of the Fine levied, (9) if they make not their Claim of their Action within a Year and a Day by the Country.

15 Ed. 2. stat. of Carlisle, requiring Conusor to appear personally, if able. For the Doctrine of Fines see farther, 34 Ed. 3. c. 16.  5 H. 4. c. 14.  32 H. 8. c. 36.  1 Mar. stat. 2. c. 7.  23 Eliz. c. 3. And 4 Ann. c. 16. §. 15.

  1. ↑ 2 Inst. 510.; 5 Co. 39.
  2. ↑ Or Who will give? Sir, R.
  3. ↑ Rast. 349.
  4. ↑ 27 Ed. 1. stat. 1. c. 1.
  5. ↑ Elsewhere.
  6. ↑ 1 R. 3. c. 7.; 4 H. 7. c. 24.; 4 Co. 125.; 4 Ed. 3. f. 46.

The

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