Page:Ruffhead - The Statutes at Large, 1763.djvu/65

CAP. VII.
In what case the Ward shall pay to his Lord the Value of his Marriage.

^{[1] [2] [3] [4] [5] [6] [7] [8] [9]} If an Heir (of what Age soever he be) will not marry at the Request of his Lord, he shall not be compelled thereunto; but when he cometh to full Age, he shall give to his Lord, and pay him as much as any would have given him for the Marriage before the Receipt of his Land, and that whether he will marry himself, or not; for the Marriage of him that is within Age of meer Right pertaineth to the Lord of the fee.

Obs by 12 Car. 2. c. 24.

1. Kel. 133.
2. Dyer 25, 260, 306.
3. Fitz. Brief, 937.
4. Fitz. Gard. 68, 128, 131, 138, 153, 156.
5. 6 Co. 70, 73.
6. 5 Co. 126. b.
7. Co. Ent. 396.
8. 2 Inst. 92.
9. Cro. El 4. 469.

CAP. VIII.
Several Limitations of Prescription in several Writs.^[1]

^{[2] [3]} Touching Conveyance of Descent in a Writ of Right from any Ancestor from the time of King Henry the elder, the Year and Day, it is provided, that from henceforth there be no Mention made of so long time, but from the time of King Henry our Grandfather; (2) and this Act shall take effect at Pentecost, the One and twentieth Year of our Reign, and not afore, and the Writs before purchased shall proceed. (3) Writs of Mortdauncestor, of Nativis, and Entre, shall not pass the last Return of King John from Ireland into England; ⟨and this Act take effect as before is declared⟩.^[4] (4.) Writs of Novel disseisin shall not pass the first Voyage of our Sovereign Lord the King, that now is, into Gascoine. And this Provision shall take his effect from the time aforesaid; and all Writs purchased before shall proceed.

Altered by 3 Ed. 1. c. 39. and farther by 32 H. 8. c. 2.  21 Jac. 1. c. 16.

1. This chapter may be cited as the "Limitation of Writs Act 1235". (Wikisource contributor note)
2. Co Lit. 114. b, 115. b.
3. 2 Inst. 94.
4. The Words in Italicks are not in the original.

CAP. IX.
He is a Bastard that is born before the Marriage of his Parents.^[1]

^{[2] [3] [4] [5] [6] [7]} To the King's Writ of Bastardy, Whether one being born before Matrimony may inherit in like manner as he that is born after Matrimony, all the Bishops answered, That they would not, nor could not, answer to it; because it was directly against the common Order of the Church. And all the Bishops instanted the Lords, that they would consent, that all such as were born afore Matrimony should be legitimate, as well as they that be born within^[8] Matrimony, as to the Succession of Inheritance, forsomuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, that they would not change the Laws of the Realm, which hitherto have been used and approved. ^[9]

1. This chapter may be cited as the "Special Bastardy Act 1235". (Wikisource contributor note)
2. Fitz. Bastardy, 21, 22, 25, 27, 28, 30, 33
3. 1 H. 6. 3.
4. 11 H. 4. 84.
5. 29 Ed. 3. 14.
6. 44 Ed. 3. 12.
7. 12 Co. 72.
8. For within, read after.
9. 2 Inst. 96.