Redisseisin Act 1235
|Redisseisin Act 1235
|Part of the Statute of Merton|
PROVISIONES DE MERTON. Statutes made at Merton in Crastino Sancti Vincentii (scil. 23. Jan.) Anno 20 HEN. III. and Ann. Dom. 1235.
Redisseisin Act 1235
1235 (20 Hen. 3) C A P. III.
IT was provided in the Court of our Lord the King, holden at Merton on Wednesday the morrow after the Feast of St. Vincent, the 20th Year of the Reign of King HENRY the Son of King JOHN, before William 1 Archbishop of Canterbury, and other his Bishops and Suffragans, and before the greater part of the Earls and Barons of England, there being assembled for the Coronation of the said King, and Hellianor the Queen, about which they were all called, where it was treated for the Commonwealth of the Realm upon the Articles underwritten, thus it was provided and granted, as well of the foresaid Archbishops, Bishops, Earls, and Barons, as of the King himself and others.
Enquiry and Punishment of Redisseisin.
18 H. 8. 1. 11 H. 4. 6. 7 H. 7. 4. Fitz. Redisseisin, 6, 8, 9.
Also if any be disseised of their Freehold, and before the Justices in Eyre have recovered Seisin by Assise of Novel disseisin, or by Confession of them which did the Disseisin, and the Disseisee hath
had Seisin delivered by the Sheriff, if the same Disseisors, after the Circuit of the Justices, or in the mean time, have disseised the same Plaintiff of the same Freehold, and thereof be convict, they shall be forthwith taken and committed, and kept in the King's Prison, until the King hath discharged them by Fine, or by some other mean. (2) And this is the Form how such convict Persons shall be punished;2 when the Plaintiffs come into the Court of our Lord the King, they shall have the King's Writ directed to the Sheriff, in which must be contained the Plaint of Disseisin framed upon the Disseisin. (3) And then it shall be commanded to the Sheriff, that he, taking with him the Keepers of the Pleas of the King's Crown, and other lawful Knights, in his proper Person, shall go unto the Land or Pasture, where the Plaint hath been made, and that he make before them, by the first Jurors, and other Neighbours and lawful Men, diligent Inquisition thereof; and if they find him disseised again (as before is said) then let him do according to the Provision afore-mentioned; but if it be found otherwise, the Plaintiff shall be amerced, and the other shall go quit; (4) neither shall the Sheriff execute any such Plaint without special Commandment of the King. (5) In the same manner shall be done to them that have recovered their Seisin by Assise of Mortdauncestor; (6) and so shall it be of all Lands and Tenements recovered in the King's Court by Enquests, if they be disseised after by the first Deforceors, against whom they have recovered any wise by Enquest.'
a Procuratione in Margine MS. Cotton.
Co. Lit. 154. a. 2 Inst. 82. Hob. 96. 2 Bulstr. 93. Enforced and amended by 52 H. 3. c. 8. 13 Ed. 1. stat. 1. c. 25, 26. which gives double Damages against Redisseisors.
Mirror 317. Rast. Ent. 548.
Note : this act is listed in the Chronological Table of Statutes as the Redisseisin Act, 1235
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