Page:Ruffhead - The Statutes at Large, 1763.djvu/79

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32
C. 6, 7.
Anno quinquagesimo secundo Henerici III.
A. D. 1267

fore our Justices to answer according to the Law and Custom of the Realm, then as a Rebel, and such a one as will not be justified, he shall leese the Seissn of his Ward; saving to him his Action at another time, if he have any Right to the same.'

'II. But in such Cases, where the Wardships belong to the Guardians of Wards being within Age, and where the Guardians demand a Wardship which beongeth to the Heir, or as appertaining to their Inheritance, such Heirs within Age shall not leese their Inheritance by the Negligence or Rebellion of their Guardians, as in the Case afore rehearsed; but let the Common Law run in like manner as it hath been accustomed to do.'[1]

  1. ↑ Obs. by 12 Car. 2. c. 24.

CAP. VIII.
The Punishment of those which commit Redisseisin.

[1][2][3][4][5] They which be taken and imprisoned for Redissesin, shall not be delivered without special Commandment of our Lord the King, and shall make Fine with our Lord the King for their Trespass. And if it be found, that the Sheriff delivered any contrary to this Ordinance, he shall be grievously amerced therefore;[6][7][8] and nevertheless, they which are so delivered by the Sheriff without the King's Commandment, shall be grievously punished for their Trespass.'

  1. ↑ 1. H.8. f. 1.
  2. ↑ 2 Inst. 114.
  3. ↑ Rast. 10,548.
  4. ↑ V.N.B 108
  5. ↑ F. N. B 188. 189;
  6. ↑ 20 H. 3. c. 3.
  7. ↑ Regist 205.
  8. ↑ Enforced and Extended by 13 Ed. 1. Stat 1. c. 26. which gives double damages.

CAP. IX.
Who shall do Suit of Court. Suit of Court by Coparceners.


[1]FOR doing Suits unto Courts of great Lords, or of meaner Persons, from henceforth this Order a shall be obferved, That none that is infeoffed by Deed, from henceforth shall be distrained to do such Suit to the Court of his Lord, without he be specially bound thereto by the Form of his Deed: Who shall so Suit of Court(2) These only except, whose Ancestors, or they them selves, have used to do such Suit before the first Voyage of the said King Henry into Britain, sithence which nine and thirty Years and an half are passed, unto the time that these Statutes were enacted. (3) Likewise from henceforth none that is infeoffed without Deed, from the time of the Conquest, or any other ancient Feoffment, shall be distrained to do such Suits, unless that he or his Ancestors used to do it before the said Voyage. (4) And they that are infeoffed by Deed to do a certain Service, as, for Service of so many Shillings by Year, to be acquitted of all Service, from henceforth shall not be bounden to such Suits, or other like, contrary unto the Form of their Feoffment. Suit of Court by Coparencers[2] (5) And if any Inheritance, whereof but one Suit is due, descend unto many Heirs, as unto Parceners, whofo hath the eldest Part of the Inheritance, shall do that one Suit for himself and his Fellows, and the other Coheirs shall be Contributaries, according to their Portion, for doing such Suit. [3] (6) And if many Feoffees be seised of an Inheritance, whereof but one Suit is due, the Lord of the Fee shall have but that one Suit; and shall not exact of the said Inheritance, but that one Suit, as hath been used to be done before.(7) And

  1. ↑ 2 Inst. 115.
  2. ↑ 6 Co. 1.
  3. ↑ Stat Hiberniæ, 14. H. 3. par. 7. Particion 1.
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