Page:Ruffhead - The Statutes at Large, 1763.djvu/173
The Statute De Defensione Juris, made Anno 20 Edw. I. Stat. 3. and Anno Dom. 1292.
Where a Stranger coming in by a collateral Title, not Party to the Suit, shall be received.
Where one by the King's Writ doth demand any Tenements against Tenant by the Courtesie, in Tail, in Dower, or for Term of Life, or of Years, and the Demandant sueth so far that the Lands be in Manner recovered, whereupon another, not Party to the Suit, cometh in before Judgement given, and saith, That he hath Fee and Right in those Lands, and prayeth the Court, that in as much as he is come before Judgement, ready to defend his Tenement, and to make Answer unto the Demandant, that he may be admitted thereunto by Force of a Statute made by the King that now is, amongst other the last Statutes made at Westminster; (2) by which Statute as well such as had no Right, as they which had Right, oftentimes in the Case before mentioned, falsly, and in Deceit of the Court did come in, and pray to be received to make Answer, that by their Admission they might prolong the Demandant from the Judgement and Seisin of his Land, and to cause those Demandants to plead of new; and so the Demandants are greatly deferred in the Cafe aforesaid to recover their Right in the King's Court, by reason of such Malice, as well by mistaking of the said Statute, as for any other Cause just and reasonable; and this is used and found often before our Justices: [1](3) Wherefore our Lord the King, for to withstand all such Malice in the aforesaid Cafe, and intending to provide a Remedy therein, in his full Parliament, and by his Common Council, hath ordained, and from henceforth commanded straitly to be observed, that is to wit, from the Monday next after the Feast of the Purification of the Virgin, the Twentieth Year of his reign, that when any before Judgement it the foresaid Case cometh in by a collateral Title and desireth to be received, before his Receipt he shall find sufficient Surety (as the Court will award) to satisfie the Demandant of the Value of the Lands so to be recovered, from the Day that he is received to make Answer until the Time that final Judgement be given upon the Petition of the Demandant. (4) And if the Demandant recover his Demand, the Defendor shall be grievously amerced, if he have whereof; and if he have not, he shall be imprisoned at the King's Pleasure. (5) And if he can prove his Right to be as good as he affirmed at such Time as he was received, he shall go quit.
By 13 R. 2. stat. 1. c. 17. a Reversioner may be received in a Suit against the particular Tenant.
- ↑ Kel. 110, 160.; Fitz. Resceit, 76, 80, 99, 189.
Statutum de Moneta, 20 Edw. I. Stat. 4.[1]
Encontre les damages & les perils qe sount avenuz cea en ariere & purrount aven' de la Monoye Dengleterre est issint ordenz qil soit crie & defendu per le Roi en toute la Roialme en toutes les villes marchaundes qe nul homme sur grief forfaiture ne soit si hardy despendre mettre ou resceiv' autre monoie dautre coigne qe del coigne le Roi Dengleterre Dirland' & Descoce.
- ↑ These three Statutes are taken from the Veterum Statutorum secunda pars.