Page:Ruffhead - The Statutes at Large, 1763.djvu/220

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174
Stat. 1.
Anno duodecimo Edwardi I.
A.D. 1318.

The Statute of York, made the Twentieth of October, Anno 12 Edw. II. Stat. 1. and Anno Dom. 1318.

FORASMUCH as divers People of the Realm of England and Ireland have heretofore many Times suffered great Mischiefs, Damages, and Disherisons, by Reason that in some Cases where the Law failed, no Remedy was ordained; (2) and also forasmuch as some Points of the Statutes heretofore made had Need of Exposition: (3) Our Lord King Edward, Son to King Edward, desiring that full Right be done to his People, at his Parliament holden at York, the third Week after the Feast of Saint Michael, the Twelfth Year of his Reign, by the Assent of the Prelates, Earls, Barons, and the Commonalty of his Realm there assembled, hath made these Acts and Statutes here following, the which he willeth to be straitly observed in his said Realm and Land.

CAP. I.
Tenants in Assise of Novel disseisin may make Atturnies.

FIRST, for divers Mischiefs that have been because Tenants in Assise of Novel disseisin might not make Atturnies heretofore: (2) it is agreed that the Tenants in Assise of Novel disseisin from henceforth may make Atturnies. (3) Yet the King intendeth not hereby that the Tenants and Defendants in Assises of Novel Disseisin should not Pleading by Bailiffs.plead by Bailiffs, if they will, as they have used to do heretofore.

CAP. II.
Process against the Witnesses to prove a Deed denied.

[1]ALSO it is agreed, That when a Deed, Release, Acquittance, or other Writing is denied in the King's Court, wherein Witnesses be named, Process shall be awarded to cause such Witnesses to appear, as before hath been used; so that if none of them come at the great Distress returned, or if it be returned that they have nothing, or that they cannot be found, yet the taking of the Inquest shall not be deferred by the Absence of such Witnesses. (2) And if the Witnesses do come in at the great Distress, and the Inquest for some Cause remaineth untaken, the Witnesses that come in shall have like Day given them as is assigned for the taking of the Inquest; (3) at which Day, if the Witnesses do not appear, the Issues that were first returned upon them shall be forfeit; (4) and the taking of the Inquest shall not be deferred because of their Absence. (5) And for Absence of Witnesses dwelling within Franchises, where the King's Writ original doth not lie, the taking of an Inquest shall not be omitted.

  1. ↑ 5 H. 7. f. 8.; Fitz. Verdict, 39.; Fitz. Process, 15, 17, 14, 126, 141, 151, 181, 182, 185.; Co. Lit. 6.; Rast. 252.

CAP. III.
Inquests and Juries touching Plea of Land shall be taken by Nisi Prius.

[1]AND where it is contained in a Statute made at Westminster the Second Day of April, in the xxvii Year of the Reign of the King's Father that
  1. ↑ 13 Ed. 1. stat. 1. c. 30.; 27 Ed. 1. stat. 1. c. 4.
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