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ments whereby they may be distrained; then they shall be attached by their Bodies so that the Sheriff, in whose Bailiwick they be found, shall cause them to come to make their account.
II. Also Fermors, during their Terms, shall not make Waste, Sale, nor Exile of House, Woods, and Men, nor of any Thing belonging to the Tenements that they have to ferm, without special Licence, had by Writing of Covenant, making mention, that they may do it; which Thing if they do, and thereof be convict, they shall yield full Damage, and shall be punished by Amerciament grievously.
In what Case a Writ of Entry sur disseisin in the Post doth lye. It is provided also, That if those Alienations (where upon a Writ of Entry was wont to be granted) hap to be made in so many Degrees, that by reason thereof the same Writ cannot be made in the Form beforetime used, the Plaintiffs shall have a Writ to recover their Seisin, without making mention of the Degrees, into whose Hands soever the same Thing shall happen to come by such Alienations, and that by an Original Writ to be provided therefore by the Council of our Lord the King.
3 EDW. I. (WESTMINSTER I.). CAP. 2. [A.D. 1275.] A clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation.
It is provided also, That when a Clerk is taken for guilty of Felony, and is demanded by the Ordinary, he shall be delivered to him according to the Privilege of Holy Church, on such Peril as belongeth to it, after the Custom aforetimes used. And the King admonisheth the Prelates, and enjoineth them upon the faith that they owe to him, and for the common Profit and Peace of the Realm, that they which be indicted of such Offences by solemn Inquest of lawful Men in the King's Court, in no manner shall be delivered without due Purgation, so that the King shall not need to provide any other Remedy therein.
CAP. 39.* [A.D. 1275.]
Several Limitations of Prescription in several Writs.
And forasmuch as it is long Time passed since the Writs undernamed were limited; it is provided, That in conveighing a Descent in a Writ of Right, none shall presume to declare of the Seisin of his Ancestor further, or beyond the time of King Richard, Uncle to King Henry, Father to the King that now is; and that a Writ of Novel disseisin, of Partition, which is called Nuper obiit, have their Limitation since the first Voyage of King Henry, Father to the King that now is, into Gascoin. And that Writs of Mortdancestor, of Cosinage, of Aiel, of Entry, and of Nativis, have their Limitation from the Coronation of the same King Henry, and not before. Nevertheless all Writs purchased now by themselves, or to be purchased between this and the Feast of St. John, for one Year compleat, shall be pleaded from as long Time, as heretofore they have been used to be pleaded.
4 EDW. I. (DE BIG.). CAP. 6. [A.D. 1276.] By what Words in a Feoffment a Feoffor shall be bound to Warranty. In Deeds also where is contained Dedi et concessi tale tenementum without Homage, or without a Clause that containeth Warranty, and to be holden of the Givers, and their Heirs, by a certain Service; it is agreed that the Givers, and their Heirs, shall be bounden to Warranty. (2) And where is contained Dedi et concessi, etc. to be holden of the chief Lords of the Fee, or of other, and not of Feoffors, or of their Heirs, reserving no Service, without Homage or without the foresaid Clause, their Heirs shall not be bounden to Warranty, notwithstanding the Feoffor during his own Life, by Force of his own Gift, shall be bound to warrant.
6 EDW. I. (STAT. GLOUC.). CAP. 3. [A.D. 1278.] An Alienation of Land by the Tenant by the Curtesy with Warranty shall be void.
It is established also, That if a Man aliene a Tenement, that he holdeth by the Law of England, his Son shall not be barred by the Deed of his father (from whom no Heritage to him descended) to
*For later Statutes of Limitation and Prescription, see 32 Hen. VIII. c. 2 ; 21 Jac. c. 16; 2 & 3 Wm. IV. c. 71 ; 3 & 4 Wm. IV. c. 27.
demand and recover by Writ of Mortdauncestor, of the Seisin of his Mother, although the Deed of his father doth mention, that he and his Heirs be bound to Warranty. (2) And if any Heritage descend to him of his father's Side, then he shall be barred for the Value of the Heritage that is to him descended. (3) And if in Time after any Heritage descend to him by the same father, then shall the Tenant recover against him of the Seisin of his Mother by a judicial Writ that. shall issue out of the Rolls of the Justices, before whom the Plea was pleaded, to resummon his Warranty, as before hath been done in Cases where the Warrentor cometh into the Court, saying, That nothing descended from him by whose Deed he is vouched. (4) And in like Manner the Issue of the Son shall recover by Writ of Cosinage, Aiel and Bisaiel. (5) Likewise in like Manner the Heir of the Wife shall not be barred of his Action after the Death of his father and Mother, by the Deed of his father, if he demand by Action the Inheritance of his Mother by a Writ of Entry, which his father did aliene in the Time of his Mother, whereof no fine is levied in the King's Court.
Several Tenants against whom an Action of Waste is maintainable.
It is provided also, That a Man from henceforth shall have a Writ of Waste in the Chancery against him that holdeth by Law of England, or otherwise for Term of Life, or for Term of Years, or a Woman in Dower. (2) And he which shall be attainted of Waste, shall lose the Thing that he hath wasted, and moreover shall recompense thrice so much as the Waste shall be taxed at. (3) And for Waste made in the Time of Wardship, it shall be done as is contained in the Great Charter. (4) And where it is contained in the Great Charter, that he which did waste during the Custody, shall leese the Wardship, (5) it is agreed that he shall recompense the Heir his Damages for the Waste, if so be that the Wardship lost do not amount to the Value of the Damages before the Age of the Heir of the same Wardship.
13 EDW. I. (WESTMINSTER II.). CAP. 1. [A.D. 1285.] (De Donis). In Gifts in tail the Donor's Will shall be observed. The Form of a Formedon.
First, Concerning Lands that many Times are given upon Condition, that is to wit, Where any giveth his Land to any Man and his
Wife, and to the Heirs begotten of the Bodies of the same Man and his Wife, with such condition expressed, that if the same Man and his Wife die without Heirs of their Bodies between them begotten, the Land so given shall revert to the Giver or his Heir. (2) In case also where one giveth Lands in free Marriage, which Gift hath a Condition annexed, though it be not expressed in the deed of Gift, which is this, That if the Husband and Wife die without Heirs of their Bodies begotten, the Land so given shall revert to the Giver or his Heir. (3) In case also where one giveth Land to another, and the Heir of his Body issuing; it seemed very hard, and yet seemeth to the Givers and their Heirs, that their Will being expressed in the Gift, was not heretofore, nor yet is observed. (4) In all the Cases aforesaid, after Issue begotten and born between them (to whom the Lands were given under such Condition) heretofore such Feoffees had Power to aliene the Land so given, and to disherit their Issue of the Land, contrary to the Minds of the Givers, and contrary to the Form expressed in the Gift. (5) And further, When the Issue of such Feoffee is failing, the Land so given ought to return to the Giver or his Heir, by Form of the Gift expressed in the Deed, though the Issue (if any were) had died: (6) Yet by the Deed and Feoffment of them (to whom Land was so given upon Condition) the Donors have heretofore been barred of their Reversion, which was directly repugnant to the Form of the Gift.
II. Wherefore our Lord the King, perceiving how necessary and expedient it should be to provide Remedy in the aforesaid Cases, hath ordained, That the Will of the Giver, according to the Form in the Deed of Gift manifestly expressed, shall be from henceforth observed; so that they to whom the Land was given under such Condition, shall have no Power to aliene the Land so given, but that it shall remain unto the Issue of them to whom it was given after their Death, or shall revert unto the Giver, or his Heirs, if Issue fail (whereas there is no Issue at all) or if any Issue be, and fail by Death, or heir of the Body of such Issue failing. (2) Neither shall the second Husband of any such Woman from henceforth, have any Thing in the Land so given upon Condition, after the Death of his Wife, by the Law of England, nor the Issue of the second Husband and Wife shall succeed in the Inheritance, but immediately after the Death of the Husband and Wife (to whom the Land was so given) it shall come to their Issue, or return unto the Giver, or his Heir, as before is said.
III. And forasmuch as in a new Case new Remedy must be pro
vided, this Manner of Writ shall be granted to the Party that will purchase it:
(2) Praecipe A. quod juste etc. reddat B. manerium de F. cum suis pertinentiis, quod C. dedit tali viro et tali mulieri, et haeredibus de ipsis viro et muliere exeuntibus. (3) Or thus: Quod C. dedit tali viro in liberum maritagium cum tali muliere, et quod post mortem praedictorum viri et mulieris, praedicto B. filio eorundem viri et mulieris descendere debeat per formam donationis praedictae, ut dicit etc. (4) Vel, Quod C. dedit tali et haeredibus de corpore suo exeuntibus, et quod post mortem illius talis, praedicto B. filio praedicti talis descendere debeat per formam etc.
IV. The Writ whereby the Giver shall recover (when Issue faileth) is common enough in the Chancery: (2) and it is to wit, that this Statute shall hold Place touching Alienation of Land contrary to the Form of the Gift hereafter to be made, and shall not extend to Gifts made before. (3) And if a Fine be levied hereafter upon such Lands, it shall be void in the Law; (4) neither shall the Heirs, or such as the Reversion belongeth unto, though they be of full of Age, within England, and out of Prison, need to make their Claim.
The Appellee being acquitted, the Appellor and Abetters shall be punished. There shall be no Essoin for the Appellor.
Forasmuch as many, through Malice intending to grieve other, do procure false Appeals to be made of Homicides and other Felonies by Appellors, having nothing to satisfy the King for their false Appeal, nor to the Parties appealed for their Damages; (2) it is ordained, That when any, being appealed of Felony surmised upon him, doth acquit himself in the King's Court in due Manner, either at the Suit of the Appellor, or of our Lord the King, the Justices, before whom the Appeal shall be heard and determined, shall punish the Appellor by a Year's Imprisonment, and the Appellors shall nevertheless restore to the Parties appealed their Damages, according to the Discretion of the Justices, having Respect to the Imprisonment or Arrestment, that the Party appealed hath sustained by reason of such Appeals and to the Infamy that they have incurred by the Imprisonment or otherwise, and shall nevertheless make a grievous Fine unto the King. (3) And if peradventure such Appellor be not able to