Page:Ruffhead - The Statutes at Large, 1763.djvu/50

wherewith to pay, or will not pay where he is able the pledges shall answer for the debt. ^[1](4) And if they will, they shall have the lands and rents of the debtor, until they be satisfied of ⟨that⟩^[2] which they before payed for him, except that the ⟨principal⟩^[3] debtor can shew himself to be acquitted against the said sureties.^[4]

See 33 H. 8. c. 39. for the Erection of a Court of Surveyors, and for the more effectual Recovery of the King's Debts; which Court was by 1 M. Sess. 2. c. 10. dissolved and annexed to the Exchequer.

1. Regist. 158.
2. Orig. The debt.
3. Add Principal.
4. Infra, c. 18.

CAP. IX.
The Liberties of London, and other Cities and Towns confirmed.

^{[1] [2] [3] [4] [5] [6] [7] [8] [9]} The city of London shall have all ^[10]the old liberties and customs, ⟨which it hath been used to have⟩.^[11] Moreover we will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their liberties and free customs.

1. Cro. Car. 251.
2. 45 Ed. 3. f. 26.
3. 5 H. 7. f. 10, 19.
4. 12 H. 7. f. 21.
5. 5 Co. 63.
6. 8 Co. 125.
7. 2 Inst. 20.
8. 3 Bulstr. 2.
9. Mirror 311.
10. Read their.
11. Not in Orig.

CAP. X.
None shall distrain for more Service than is due.

^{[1] [2] [3] [4] [5] [6] [7] [8] [9] [10]} No man shall be distrained to do more service for a Knight's fee, nor any freehold, than therefore is due.

1. 1 Roll 164.
2. 2 Roll 182.
3. 10 Co. 108.
4. Fitz. Avowry, 96, 157, 200.
5. Plowd. 243.
6. 14 Hen. 7. f. 14.
7. Fitz. Brief, 661, 881, 882.
8. Fitz Prærog. 28.
9. V. N. B. f. 15.
10. 2 Inst. 21.

CAP. XI.
Common Pleas shall not follow the King*s Court.

^{[1] [2] [3] [4] [5]} Common Pleas shall not follow our Court, but shall be holden in some place certain.

Confirmed by 28 Ed. 2. stat. 3. c. 4. ^{[6] [7]}

1. Co. Lit. 71. a.
2. Plow. 241.
3. 2 Inst. 21.
4. 12 Co. 59.
5. Regist. 187.
6. 4 Inst. 99.
7. 11 Co. 75.

CAP. XI.
Where and before whom Assises shall be taken. Adjournment for Difficulty.

^{[1] [2] [3] [4] [5] [6] [7] [8] [9]}

Assises of novel disseisin, and of Mortdancester, shall not be taken in the shires, and after this manner: ^[10]If we be out of this realm, our chief Justicers shall send our Justicers through every county once in the year, which, with the Knights of the shires, shall take the said Assises in those counties; (2) and those things that at the coming of our foresaid Justicers, being sent to take those Assises in the counties, cannot be determined, shall be ended by them in some other place in their circuit; ^[11](3) and those things, which for difficulty of some articles cannot be determined by them, shall be referred to our Justicers of the Bench, and there shall be ended.

Enforced and amended by 13 Ed. 1. stat. 1. c. 30.

See 6 Rich. 2. stat. 1. c. 5. ordaining that Justices of Assize shall hold their Sessions in principal Towns. And 11 Rich. 2. c. 11. providing that Chancellor and Justices shall have power to appoint where Assizes shall be held.

1. 12 Co. 31, 52.
2. 13 Co. 8.
3. Fitz. Assize, 21.
4. 8 Co. 57.
5. Fitz. Mortdanc. 2, 21, 53
6. 24 Ed. 3. f. 23.
7. 1 Anderson 230.
8. 2 H. 4. f. 1, 20.
9. 2 Inst. 24.
10. Read We, or if we be out, &c.
11. Regist. 197.

CAP. XIII.

^[1] Assises of Darrein Presentment shall be alway taken before our justices of the Bench, and there shall be determined.

See 13 Ed. 1. stat 1. c. 30. which ordaint that these Assizes shall be determined in their own shire.

And see 52 H. 3. c. 12.  32 H. 8. c. 21. § 7. and 16 Car. 1. c. 6. § 13. what Days shall be given in Assizes of Darrein Presentment.

1. Regist. 30.