Page:Ruffhead - The Statutes at Large, 1763.djvu/53

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A.D. 1225.
Anno nono Henrici III.
C. 24–29
7

CAP. XXIV.
In what Case a Præcipe in Capite is not grantable.

[1] [2] The Writ that is called Præcipe in capite shall be from henceforth granted to no person of any freehold, whereby any freeman may lose his Court.[3] [4]

  1. 38 Ed. 3. f. 13.
  2. 13 Co. f. 42.
  3. F. N. B. fol. 5, 12, 39, h.
  4. 2 Inst. 39.


CAP. XXV.
There shall be but one Measure throughout the Realm.

[1] One measure of Wine shall be through our Realm, and one measure of Ale, and one measure of Corn, that is to say, the Quarter of London; and one breadth of dyed Cloth, Russets, and Haberjects, that is to say, two Yards within the lists. (2) and it shall be of Weights as it is of Measures.

Confirmed and Amended by 14 Ed. 3. stat. 1. c. 12.

Amended by 27 Ed. 3. stat. 2. c. 10. which inflicts Penalty on Offenders.

Confirmed and farther amended by 8 H. 6. c. 5.  11 H. 7. c. 4.  16 Car. 1. c. 19. and 22 Car. 2. c. 8.

See farther 51 H. 3. stat. 1.  31 Ed. 1. De Ponderibus & Mensuris.  31 Ed. 3. stat. 1. c. 2.  34 Ed. 3. c. 5, & 6.  13 Rich. 2. stat. 1. c. 9.  15 Rich. 2. c. 4.  16 Rich. 2. c. 3. and 12 H. 7. c. 5. with Regard to Weights and Measures.

  1. 2 Inst. 40.


CAP. XXVI.
Inquisition of Life and Member.

[1] Nothing from henceforth shall be given for a Writ of Inquisition, nor taken of him that prayeth Inquistion of Life, or of Member, but it shall be granted freely, and not denied.

Amended by 3 Ed. 1. c. 11.

Altered by 6 Ed. 1. stat. 1. c. 9.  15 Ed. 1. stat. 1. c. 29. [2] [3]

And see 28 Ed. 3. c. 9. which takes away this Writ of Inquistion, otherwise called the Writ de Odio et Atia.

  1. 2 Inst. 41.
  2. Mirror 314.
  3. Regist. 133, 134.


CAP. XXVII.
Tenure of the King in Socage, and of another by Knights Service. Petit Serjeanty.

If any do hold of us by Fee-ferm, or by Socage, or Burgage, and he holdeth Lands of another by Knights Service, we will not have the Custody of his heir, nor of his Land, which is holden of the Fee of another, by reason of that Fee-ferm, Socage, of Burgage. [1] [2] [3](2) Neither will we have the custody of such Fee-ferm, or Socage, or Burgage, except Knights Service be due unto us out of the same Fee-ferm. (3) We will not have the custody of the Heir, or of any Land,[4] by occasion of any Petit Serjeanty, that any man holdeth of us by service to pay a Knife, an Arrow, or the like.

  1. Bro. Tenures, 69.
  2. Fitz. Gard. 145.
  3. 2 Inst. 43.
  4. Which he holdeth of another by Knights Service. Obs. This Tenure being abolished by 12 Car. 2. c. 24.


CAP. XXVIII.
Wager of Law shall not be without Witness.

[1] [2] No Bailiff from henceforth shall put any man to his open Law, nor to an oath, upon his own bare saying, without faithful Witnesses brought in for the same.[3]

  1. Fitz. Ley, 78.
  2. Bro. Ley, 37.
  3. 2 Inst. 44.


CAP. XXIX.
None shall be condemned without Trial. Justice shall not be sold or deferred

[1] [2] [3] [4] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other-

wise

  1. 5 Co. 64.
  2. 10 Co. 74.
  3. 11 Co. 99
  4. 2 Inst. 45.