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A.D. 1306.
Anno tricesimo quarto Edwardi I.
Stat. 1.
153

The Statute De conjunctim Feoffatis, made 27 Maii, Anno 34 Edw. I. Stat. 1. and Anno Dom. 1306.

Jointenancy pleaded in Abatement of a Writ, &c.

[1]THE King unto all to whom these, &c. Greeting. It is no new Thing, that among divers Establishments of Laws, which we have ordained in our own Time upon the great and heinous Mischiefs that happen in Writs of Novel disseisin chiefly above other, we have devised more speedy Remedy in those Writs than was before. (2) And forasmuch as it chanceth many Times in Assises of Novel disseisin, that the Tenant doth except against the Plaintiff, that he holdeth the Tenements in Demand jointly with his Wife, not named in the Writ, and sometime with a Stranger not named in the Writ, and sheweth forth a Deed testifying the same, and demandeth Judgement of the Writ; (3)[2]What shall be done when the Tenant in Assize doth plead Jointenancy. it is agreed and ordained, That if the Plaintiff will offer to aver by Assise, that the Day of his Writ purchased, he that alledged the Exception was sole Tenant, so that neither his Wife, nor any other had any Thing in the said Lands, then the Justices, before whom the Assize is arraigned, shall retain the same Deed safely in their Keeping (until the Assize be tried between them thereupon) as that which is in a sort denied. (4)A Scire facias awarded to the Jointenant.[3] And they shall let the Party absent to understand by their[4] Writ under their Testimony, and also to the Jointenant that is present, of whom the Deed maketh mention, that he be present at a certain Day with the other Tenant, to answer unto the Party Plaintiff, as well upon the Exception alledged, as of the Lands demanded and put in View, if it seem expedient for him; (5) at which Day if both that are named Tenants do come in, and do justify the same Feoffment, they shall answer and maintain the Exception alledged by one of them, and further shall answer unto the Assize as though the original Writ had been purchased against both of them jointly. (6) And if it be proved by Assize, that the Exception was alledged maliciously, to delay the Plaintiff; of his Right, so that they held not the same Land jointly the Day of the Writ purchased, then albeit the same Assize do pass for the Tenants, and against the Plaintiff, yet they that alledge the Exception, shall be punished by one Year's Imprisonment, whence they shall not be delivered without a grievous Fine. (7)Jointenancy in Assises shall not be pleaded by Bailiffs. And let the Justices be well advised, That from henceforth they do not allow an Exception alledged by the Bailiffs of any such Tenants. (8) And[5] it he that alledgeth the Exception absent himself at his Day, and the other that is named Jointenant do appear, although he that doth appear doth disavow the same Deed, and say that he hath nothing in the foresaid Tenements; nevertheless the Assise shall pass against the Tenant that is absent by his Default. (9) And if it be found by Assise, that they were not jointly, enfeoffed the Day of the Writ purchased, and likewise that the Tenant against whom the Writ was purchased, or another named in the Writ, did disseise the Plaintiff, then having regard to the Exception that was falsly and maliciously alledged to the Hurt of the Party, and to the Disseisin that they made, the Party Plaintiff shall recover his Seisin

  1. ↑ 13 Ed. I. stat. 1. c. 25.; Fitz. Brief, 757.; 2 Inst. 524.
  2. ↑ Hob. 95.
  3. ↑ Fitz. Process, 49, 158.
  4. ↑ Read our.
  5. ↑ Read but.
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