Page:Ruffhead - The Statutes at Large, 1763.djvu/62

Provisiones de Merton.

Statutes made at Merton in Crastino Sancti Vincentii (scil. 23. Jan.) Anno 20 Hen. III. and Ann. Dom. 1235.^[1]

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 20^th Year of the Reign of King Henry the Son of King John, before William^[2] 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 under-written, thus it was provided and granted, as well of the foresaid Archbishops, Bishops, Earls, and Barons, as of the King himself and others.

1. Translated from "Cotton MS. Claudius. D. 2." (Wikisource contributor note)
2. For William, read the.

CAP. I.
A Woman shall recover Damages in a Writ of Dower.^[1]

^{[2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12]} First Of Widows which after the Death of their Husbands are deforced of their Dowers, and cannot have their Dowers or Quarentine without Plea, whosoever deforce them of their Dowers or Quarentine of the Lands, whereof their Husbands died seised, and that the same Widows after shall recover by Plea; (2) they that be convict of such wrongful Deforcement shall yield Damages to the same Widows; that is to say, the Value of the whole Dower to them belonging, from the time of the Death of their Husbands unto the Day that the said Widows, by Judgement of our Court, have recovered Seisin of their Dower, &c. (3) and the Deforcers nevertheless shall be amerced at the King's pleasure. ^{[13] [14]}

See 51 H. 3. stat. 3.  52 H. 3. c. 12.  32 H. 8. c. 21.  16 Car. 1. c. 6. assigning Days in Dower. 13 Ed. 1. stat. 1. c. 4. for the Recovery of Dower notwithstanding a feigned recovery against the Husband by Default. 13 Ed. 1. c. 34. for the loss of Dower by Adultery. 27 H. 8. c. 10. §. 6. for barring Dower by Jointure. 1 Ed. 6. c. 12. §. 17. securing Dower notwithstanding the Treason or Felony of the Husband. 5 & 6 Ed. 6. c. 11. § 13. altering the foregoing. 3 Jac. 1. c. 5. §. 13. barring popish Recusants from Dower. And 4 W. & M. c. 16. §. 5. securing Dower to Widow of Mortgageor.

1. This chapter may be cited as the "Damages on Writ Dower Act 1235". (Wikisource contributor note)
2. Dyer 284. pl. 33.
3. 4 Co. 30.
4. 14 H. 8. 25.
5. 38 Ed. 3. 13.
6. 11 H. 4. 39.
7. Fitz. Dower, 24, 46, 59, 73.
8. Fitz. Damage, 10, 83, 119.
9. 3 Bulstr. 278.
10. V. N. B. fo. 7.
11. Rast. Ent. 22.
12. Co. Lit. 32. b.
13. 2 Inst. 80.
14. 9 H. 3. stat. 1. c. 7.

CAP. II.
Widows may bequeath the Crop of their Lands.^[1]

^{[2] [3]} Also from henceforth Widows may bequeath the Crop of their Ground, as well of their Dowers, as of other their Lands and Tenements, saving to the Lords of the Fee, all such Services as be due for their Dowers and other Tenements. ^[4]

1. This chapter may be cited as the "Widow's Bequest of Corn on her Land Act 1235". (Wikisource contributor note)
2. Kel. 125.
3. Fitz. Bar. 149, 291.
4. 2 Inst. 80.

CAP. III.
Enquiry and Punishment of Redisseisin.^[1]

^{[2] [3] [4] [5]}

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

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1. This chapter may be cited as the "Redisseisin Act 1235". (Wikisource contributor note)
2. 18 H. 8. 1.
3. 11 H. 4. 6.
4. 7 H. 7. 4.
5. Fitz. Redisseisin, 6, 8, 9.