Page:Ruffhead - The Statutes at Large, 1763.djvu/63

^[1] had Seisin delivered by the Sheriff, if the same Disseisors, after the Circuit of the Justices, or in the mean time, have disseised the same Plaintiff of the same Freehold, and thereof be convict, they shall be forthwith taken and committed, and kept in the King's Prison, until the King hath discharged them by Fine, or by some other mean. ^[2](2) And this is the Form how such convict Persons shall be punished; ⟨that is to say,⟩^[3] when the Plaintiffs come into the Court of our Lord the King, they shall have the King's Writ directed to the Sheriff, in which must be contained the Plaint of Disseisin framed upon the Disseisin. (3) And then it shall be commanded to the Sheriff, that he, taking with him the Keepers of the Pleas of the King's Crown, and other lawful Knights, in his proper Person, shall go unto the Land or Pasture, whereof the Plaint hath been made, and that he make before them, by the first Jurors, and other Neighbours and lawful Men, diligent Inquisition thereof; and if they find him disseised again (as before is said) then let him do according to the Provision aforementioned; but if it be found otherwise, the Plaintiff shall be amerced, and the other shall go quit; (4) neither shall the Sheriff execute any such Plaint without special Commandment of the King. (5) In the same manner shall be done to them that have recovered their Seisin by Assise of Mortdauncestor; (6) and so shall it be of all Lands and Tenements recovered in the King's Court by Enquests, if they be disseised after by the first Deforceors, against whom they have recovered any wise by Enquest.

Enforced and amended by 52 H. 3. c. 8.  13 Ed. 1. stat. 1. c. 25, 26. which gives double Damages against Redisseisors.

1. Co. Lit. 154. 1.; 2 Inst 82.; Hob. 96.; 2 Bulstr. 93.
2. Mirror 317.; Rast. Ent. 548.
3. Add that is to say, when, &c.

CAP. IV.
In what Cases Lords may approve against their Tenants.^[1]

^[2]

ALSO because many great men of England (which have infeoffed Knights and their Freeholders of small Tenements in their great Manors) have complained that they cannot make their Profit of the residue of their Manors, as of Wastes, Woods, and Pastures, whereas the same Feoffees have sufficient Pasture, as much as belongeth to their Tenements; (2) it is provided and granted, That whenever such Feoffees do bring an Assise of Novel disseisin for their Common of Pasture, and it is knowledged before the Justicers, that they have as much Pasture as sufficeth to their Tenements, and that they have free Egress and Regress from their Tenement unto the Pasture, then let them be contented therewith; and they on whom it was complained shall go quit of as much as they have made their Profit of their Lands, Wastes, Woods, and Pastures; (3) and if they alledge that they have not sufficient Pasture, or sufficient Ingress and Egress according to their Hold, then let the Truth be inquired by Assise; (4) and if it be found by the Assise, that the same Deforceors have disturbed them of their Ingress and Egress, or that they had not sufficient Pasture (as before is said) then shall they recover their Seisin by view of the Inquest: so that by their Discretion and Oath the Plaintiffs shall have sufficient Pasture, and sufficient Ingress and Egress in form aforesaid; (5) and the Disseisors shall be amerced, and shall yield Damages, as they were wont before this Provision. (6) And if

Enforced by 3 & 4 Ed. 6. c. 3.

1. This chapter may be cited as the "Commons Act 1235". (Wikisource contributor note)
2. 2 Inst. 84.; 1 Roll. 36.; 8 Ed. 3. 39.; 7 Ed. 3. 67.; Mirror 318.