Default, another Day shall be assigned to him after the Discretion of the Justices; and it shall be commanded to the Sheriff, that he cause him to come[1] to hear the Judgement, if he will, according to the Enquest; at which Day, if he come not, upon his Default they shall proceed to Judgement. In like manner it shall be done, if he come not at the Day given unto him by his Essoin.
See c. 20. and 3 Ed. 1. c. 42, 43, 44. 6 Ed. 1. c. 8 & 10. 13 Ed. 1. stat. 1. c. 17, 27 & 28. 12 Ed. 2. stat. 2. 5 Ed. 3. c. 6. 9 Ed. 3. c. 3. for farther Regulations of Essoins.
- ↑ For that he cause him to come, read that he cause him to come at that Day.
CAP. XIV.
They which have Charters of Exemption, must in some Cases be sworn.
[1]COncerning Charters of Exemption and Liberties, that the Purchaser shall not be, impanelled in Assises, Juries, and Enquests; it is provided, That if their Oaths be so requisite, that without them Justice cannot be ministered, as in great Assises, Perambulations, and in Deeds or Writings of Covenants, (where they be named for Witnesses) or in Attaints, and in other cases like, they shall be compelled to swear; saving to them at another time their foresaid Liberty and Exemption. [2]
CAP. XV.
In what Places Distresses shall not be taken.
[1]IT shall be lawful for no Man from henceforth, for any manner of Cause, to take Distresses out of his Fee, nor in the King's High-way, nor in the common Street, but only to the King or his Officers having special Authority to do the same.
- ↑ 8 Co. 60.; 7 H. 7. 1.; 22 Ed. 4. 49.; Fitz. Bar. 281.; Fitz. Trespass, 288.; Fitz. Brief, 511, 842.; Fitz. Avowry, 87, 232.; 2 Inst. 133.; Rast. 226. Regist. 98, 183.; 9 Ed. 2. stat. 1. c. 9.; 2 Inst. 131. Cro. El. 710.
CAP. XVI.
The Heir's Remedy, if his Lord do keep him forth. The King's Primer Seisin.
A Remedy for the Heir, if his chief Lord do keep or put him out of Possession.IF any Heir after the Death of his Ancestor be within Age, and his Lord have the Ward of his Lands and Tenements, if the Lord will not render unto the Heir his Land (when he cometh to his full Age) without Plea, the Heir shall recover his Land by Assise of Mortdauncestor, with the Damages that he hath sustained by such withholding, since the time that he was of full Age. (2) And if an Heir at the time of his Ancestor's Death be of full Age, and he is Heir apparent, and known for Heir, and be found in the Inheritance, the chief Lord shall not put him out, nor take, nor remove any thing there, but shall take only simple Seisin therefore for the Recognition of his Seigniory, that he may be known for Lord. (3) And if the chief Lord do put[1] such an Heir out of the Possession maliciously, whereby he is driven to purchase a Writ of Mortdauncestor, or of Cousenage, then he shall recover his Damages as in Assise of Novel disseisin.
II. Touching Heirs, which hold of our Lord the King in chief, this Order shall be observed, That our Lord the King shall have the first Seisin of their Lands, like as he was went to have before time: Neither shall the Heir, nor any other, intrude into, the same Inheritance, before he hath received it out of the King's Hands, as the same Inheritance was wont to be taken out of his Hands and his Ancestors
- ↑ For put, read hold.
