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recompense the Damages, it shall be inquired by whose Abetment or Malice the Appeal was commenced if the Party appealed desire it; (4) and if it be found by the same Inquest, that any Man is Abettor through Malice, at the Suit of the Party appealed he shall be distrained by a judicial Writ to come before the Justices; (5) and if he be lawfully convict of such malicious Abetment, he shall be punished by Imprisonment and Restitution of Damages, as before is said of the Appellor. (6) And from henceforth in Appeal of the Death of a Man there shall no Essoin lie for the Appellor, in whatsoever Court the Appeal shall hap to be determined.
He that recovereth Debt may sue Execution by Fieri facias or Elegit.
When Debt is recovered or knowledged in the King's Court, or Damages awarded, it shall be from henceforth in the Election of him that sueth for such Debt or Damages, to have a Writ of Fieri facias unto the Sheriff for to levy the Debt of the Lands and Goods; (2) or that the Sheriff shall deliver to him all the Chattels of the Debtor (saving only his Oxen and Beasts of his Plough) and the one half of his Land, until the Debt be levied upon a reasonable Price or Extent. (3) And if he be put out of that Tenement, he shall recover by a Writ of Novel disseisin, and after by a Writ of Redisseisin, if need be.
The Ordinary chargeable to pay Debts as Executors.
Whereas after the Death of a Person dying intestate, which is bounden to some other for Debt, the Goods come to the Ordinary to be disposed; (2) the Ordinary from henceforth shall be bound to answer the Debts as far forth as the Goods of the Dead will extend, in such sort as the Executors of the same Party should have been bounden, if he had made a Testament.
Executors may have a Writ of Accompt.
Executors from henceforth shall have a Writ of Accompt, and the same Action and Process in the same Writ as the Testator might have had if he had lived.
In like Cases like Writs be grantable.
II. (3) And whensoever from henceforth it shall fortune in the Chancery, that in one Case a Writ is found, and in like Case falling under like Law, and requiring like Remedy, is found none, the Clerks of the Chancery shall agree in making the Writ; (4) or the Plaintiffs may adjourn it until the next Parliament, and let the Cases be written in which they cannot agree, and let them refer themselves until the next Parliament, by Consent of Men learned in the Law, a Writ shall be made, lest it might happen after that the Court should long time fail to minister Justice unto Complainants.
18 EDW. I. (WESTMINSTER III.). CAP. 1. [A.D. 1290.]
(Quia emptores terrarum.)
The Feoffee shall hold his Land of the chief Lord, and not of the Feoffor.
Forasmuch as Purchasers of Lands and Tenements of the Fees of great Men and other Lords, have many Times heretofore entered into their Fees, to the Prejudice of the Lords, to whom the Freeholders of such great Men have sold their Lands and Tenements to be holden in Fee of their Feoffors, and not of the chief Lords of the Fees, whereby the same chief Lords have many Times lost their Escheats, Marriages, and Wardships of Lands and Tenements belonging to their Fees; which Thing seemed very hard and extream unto those Lords and other great Men, and moreover in this Case manifest Disheritance: (2) Our Lord the King, in his Parliament at Westminster, after Easter, the eighteenth Year of his Reign, that is to wit, in the Quinzime of Saint John Baptist, at the Instance of the great Men of the Realm, granted, provided, and ordained, That from henceforth it shall be lawful for every Freeman to sell at his own Pleasure his Lands and Tenements, or Part of them, so that the Feoffee shall hold the same Lands or Tenements of the chief Lord of the same Fee, by such Service and Customs as his Feoffor held before.
If Part of the Land be sold, the Services shall be apportioned.
And if he sell any Part of such Lands or Tenements to any, the Feoffee shall immediately hold it of the chief Lord, and shall be forth
with charged with the Services, for so much as pertaineth, or ought to pertain to the said chief Lord for the same Parcel, according to the Quantity of the Land or Tenement so sold. (2) And so in this Case the same Part of the Service shall remain to the Lord, to be taken by the Hands of the Feoffee, for the which he ought to be attendant and answerable to the same chief Lord, according to the Quantity of the Land or Tenement sold for the Parcel of the Service so due.
No Feoffment shall be made to assure Land in Mortmain. And it is to be understood, that by the said Sales or Purchases of Lands or Tenements, or any Parcels of them, such Lands or Tenements shall in no wise come into Mortmain, either in Part or in Whole, neither by Policy ne Craft, contrary to the Form of the Statute made thereupon of late. (2) And it is to wit, that this Statute extendeth but only to Lands holden in Fee-simple; (3) and that it extendeth to the Time coming, and it shall begin to take Effect at the Feast of Saint Andrew the Apostle next coming.
18 EDW. I. (STAT. 4). Cl. 8 & 9.1
Fines, and who are bound by them.
And the Cause wherefore such Solemnity ought to be done in a Fine, is, because a Fine is so high a Bar, of so great Force, and of so strong Nature in itself, that it concludeth not only such as be Parties and Privies thereto, and their Heirs but all other People of the World, being of full Age, out of Prison, of good Memory and within the Four Seas, the Day of the Fine levied, (9) if they make not their Claim of their Action within a Year and a Day by the Country.
4 EDW. III. CAP. 7. [A.D. 1330.]
Executors shall have an Action of Trespass for a Wrong done to their Testator.
Item, Whereas in Times past Executors have not had Actions for a Trespass done to their Testators, as of the Goods and Chattels of the same Testators carried away in their Life, and so such Tres
Other important acts concerning fines and recoveries are 34 Edw. III. c. 16; 4 Hen. VII. c. 24; 21 Hen. VIII. c. 15; 32 Hen. VIII. c. 36; 14 Eliz. c. 8; 31 Eliz. c. 2; 4 Anne, c. 16, §§ 15, 16; 14 Geo. II. c. 20; 3 & 4 Wm. IV. c. 74.
passes have hitherto remained unpunished; (2) it is enacted, That the Executors in such Cases shall have an Action against the Trespassers, and recover their Damages in like Manner, as they, whose Executors they be, should have had if they were in Life.
25 EDW. III. CAP. 5. [A.D. 1350.]
Executors of executors shall have the benefit and charge of the first testator.
Item, it is accorded and established, That executors of executors shall have actions of debts, accompts, and of goods carried away of the first testators, (2) and execution of statutes merchants and recognisances made in court of record to the first testator, in the same manner as the first testator should have had if he were in life, as well of actions of the time past, as of the time to come, in all cases where judgement is not yet given betwixt such executors; (3) but that the judgements given to the contrary to this article in times past shall stand in their force; (4) and that the same executors of executors shall answer to other of as much as they have recovered of the goods of the first testators, as the first executors should do if they were in full life.
31 EDW. III. CAP. 11. [A.D. 1357.]
To whom the ordinary may commit the administration of the goods of him that dieth intestate. The benefit and charge of an ad
Item, it is accorded and assented, That in case where a man dieth intestate, the ordinaries shall depute the next and most lawful friends of the dead person intestate to administer his goods; (2) which deputies shall have an action to demand and recover as executors the debts due to the said person intestate in the King's court, for to administer and dispend for the soul of the dead; (3) and shall answer also in the King's court to other to whom the said dead person was holden and bound, in the same manner as executors shall answer. (4) And they shall be accountable to the ordinaries, as executors be in the case of testament, as well of the time past as of the time to
The penalty where any doth enter into lands where it is not lawful, or with force.
And also the King defendeth, That none from henceforth make any entry into any lands and tenements, but in case where entry is given by the law; and in such case not with strong hand, nor with multitude of people, but only in peaceable and easy manner. (2) And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by imprisonment of his body, and thereof ransomed at the King's will.
4 HEN. VIII. CAP. 2. [A.D. 1512.]
Punishment of Murders.
Whereas robberies, murders and felonies daily encrease more and more, and been committed and done in more heinous, open, and detestable wise, than hath been oft seen in time past: and the persons so offending little regard the punishment thereof, by the course of the common law, ne by reason of any statute heretofore made, but bear them bold of their clergy, and imagining and pleading of feigned and untrue foreign pleas, triable in foreign counties, to the intent to be removed from place to place, by colourable and untrue suggestions. and for to be untruly acquit by favour, might, and corruption; so that they live in manner without fear or dread: (2) for reformation whereof, and for the common wealth of this realm, and for to put the said murderers, felons, and offenders in more fear and dread so to offend: Be it ordained, established and enacted by the King our sovereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and by the authority of the same, That all person or persons, hereafter committing murder or felony, in any church, chapel, or hallowed place, or of and upon malice prepensed. rob or murder any person or persons in the King's high-way, or else rob or murder any person in his house, the owner or dweller of the house, his wife, child, or servant then being therein, and put in fear or dread by the same, That such person or persons so offending, be not from henceforth admitted to his or their clergy, (such as been within holy orders only except.)
*See 8 Hen. VI. c. 9; 31 Eliz. c. 11; 21 Jac. I. c. 15.