CAP. XXXIV.
In what only Case a Woman shall have an Appeal of Death.
[1]NO Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other than of her Husband.
- ↑ Bro. Appeal, 5, 17, 60, 68, 104, 112.; Rast. Ent. 43.
CAP. XXXV.
At what Time shall be kept a County Court, Sheriff's Turn, and a Leet.
[1]NO County Court from henceforth shall beholden, but from Month to Month; and where greater time hath been used, there shall be greater: (2) Nor any Sheriff, or his Bailiff, shall keep his Turn in the Hundred but twice in the Year; and no where but in due place, and accustomed; that is to say, once after Easter, and again after the Feast of Saint Michael. (3) And the View of Frankpledge shall be likewise at the Feast of Saint Michael without occasion; so that every man may have his Liberties which he had, or used to have, in the time of King Henry our Grandfather, or which he hath purchased since. (4) ⟨But⟩[2] The View of Frankpledge shall be so done, that our Peace may be kept; (5) and that the Tything be wholly kept as it hath been accustomed; (6) and that the Sheriff seek no Occasions, and that he be content with so much as the Sheriff was wont to have for his View-making in the time of King Henry our Grandfather.[3]
Enforced and amended by 31 Ed. 3. stat. 1. c. 15.
CAP. XXXVI.
No Land shall be given in Mortmain.
[1]IT shall not be lawful from henceforth to any to give his Lands to any Religious House, and to take the same Land again to hold of the same House. Nor shall it be lawful to any House of Religion to take the Lands of any, and to lease the same to him of whom he received it. If any from henceforth give his Lands to any Religious house, and thereupon be convict, the Gift shall be utterly void, and the Land shall accrue to the Lord of the Fee.
Enforced and and amended by 7 Ed. 11 stat. 2. 13 Ed. 1. stat. 1. c. 32. [18 Ed. 1. stat. 1. c. 3.] 27 Ed. 1. st. 2. [18 Ed. 3. stat. 3. c. 3.] 15 R. 2 c. 5. and 23 H. 8. c. 10.
Altered by 1 & 2 Ph. & M. c. 8. permitting Gifts in Mortmain. 39 El. c. 5. 21 Jac. 1. c. 1. 13 & 14 Car. 2. c. 12. for erecting Hospitals, &c. 7 & 8 W. 3. c. 37. giving the Crown Power to grant Licences to alien in Mortmain. And 9 Geo. 2. c. 36. restraining Gifts in Mortmain by Will.
- ↑ Fitz. Mortm. 1, 3.; Bro. Mortm. 36.; 2 Inst. 74.; Wood's Inst. 301.
CAP. XXXVII.
A Subsidy in respect of this Charter, and the Charter of the Forest, granted to the King.
[1]EScuage from henceforth shall be taken like as was wont to be in the time of King Henry our Grandfather; reserving to all Archbishops, Bishops, Abbots, Priors, Templers, Hospitallers, Earls, Barons, and all persons, as well Spiritual as Temporal, all their free Liberties and free Customs, which they have had in time passed. (2) And all these Customs and Liberties aforesaid, which we have, granted to be holden within this our Realm, as much as appertaineth to us and our Heirs,[2] we shall observe; (3) and all Men of this our Realm, as well Spiritual as Temporal (as much as in them is) shall observe the same
against
