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Page:Ruffhead - The Statutes at Large, 1763.djvu/188

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142
Stat. 3.
Anno vicesimo octavo Edwardi I.
A.D. 1300.

View of Merchants, whose Goods shall be so taken; (3) and they shall not be suffered to take any more than is contained in their Divident; (4) and the said Divident shall be taken into the Wardrobe under the Seal of the Warden, Mayor, or chief Bailiff aforesaid, and there shall remain until the Accompt of the Keeper of the King's Wardrobe; [1](5) and if it be found, that any hath taken otherwise than he ought to do upon his Accompt, he shall be punished by the Keeper of the King's Wardrobe after his Desert; (6) and if any make such Prises without Warrant, and be attainted thereupon, he shall incur the same Pain as they which take Prises for the King's House without Warrant, as before is said.

  1. Repealed by 12 Car. 2. c. 24.

The King's Prerogative saved.XI. Nevertheless the King and his Council do not intend, by reason of this Estatute, to diminish the King's Right, for the ancient Prises due and accustomed, as of Wines and other Goods, but that his Right shall be saved unto him whole in all Points.

CAP. III.
Of what Things only the Marshal of the King's House shall hold Plea. Which Coroners shall enquire of the Death of a Man slain within the Verge.

Of what Things only the Marshal of the King's House shall hold Plea.Concerning [1]the Authority of Stewards and Marshals, and of such Pleas as they may hold, and in what Manner, it is ordained, That from henceforth they shall not hold Plea of Freehold, neither of Debt, nor of Covenant, nor of any Contract made between the King's People, (2) but only of Trespass done within the House, and of other Trepasses done within the Verge, and of Contracts and Covenants that one of the King's House shall have made with another of the same House, and in the same House, and none other where. (3) And they shall plead no Plea of Trespass, other than that which shall be attached by them before the King depart from the Verge where the Trespass shall be committed; (4) and shall plead them speedily from Day to Day, so that they may be pleaded and determined before that the King depart out of the Limits of the same Verge where the Trespass was done. (5) And if it so be that they cannot be determined within the Limits of the same Verge, then shall the same Pleas cease before the Steward, and the Plaintiffs shall have Recourse to the Common Law. (6) And from henceforth the Steward shall not take Cognisance of Debts nor of other Things, but of People of the same House, nor shall hold none other Plea by Obligation made at the Distress of the Steward and of the Marshals. [2](7) And if the Steward or Marshals do any Thing contrary to this Ordinance, it shall be holden as void. (8) And forasmuch as heretofore many Felonies committed within the Verge have been unpunished, because the Coroners of the Country have not been authorized to enquire of such manner of Felonies done within the Verge, but the Coroner of the King's House, which never continueth in one Place, by reason whereof there can be no Trial made in due Manner, nor the Felons put in Exigent, nor out-lawed, nor any Thing presented in the Circuit, the which hath been to the great Damage of the King, and nothing to the good Preservation of his Peace; Which Coroners shall inquire of the Death of a man slain within the Verge.(9) it is ordained, That from henceforth in Cases of the Death of Men, whereof the Coroner's Office is to make View and Enquest, it shall be commanded to the Coroner of the Country, that he,

Farther provided by 10 Ed. 3. stat. 2. c. 2.[n 1]  8 R. 2. c. 5.  13 R. 2. stat. 1. c. 2.  15 H. 6. c. 1.

  1. 1 Bulstr. 208.; 2 Inst. 547.; 4 H. 6. f. 8.; 10 H. 6. f. 13.; Bro. Action sur le stat. 38, 44.; 6 Co. 12, 20.; 10 Co. 71.
  2. 4 Co. 46.
  1. Read c. 3.