Page:Ruffhead - The Statutes at Large, 1763.djvu/85

CAP. XXVI.
What Day shall be given to him that is vouched to Warranty.

IT is provided, That none, being vouched to Warranty before our Justices in Eyre, in Plea of Land or Tenement, shall be amerced from henceforth, because he was not present when he was vouched to Warranty, except the first Day of the coming of the Justices: But if the Party vouched be within the Shire, then the Sheriff shall be commanded to caue him to come within the third or fourth Day, according to the Distance of the Place, as it was wont to be done in the Circuit of the Justices. And if he dwell without the Shire, then he shall have reasonable Summons of fifteen Days at the least, after the Discretion of the Justices, and the Common Law.

CAP. XXVII.
A Clerk bailed upon a Capital Offence, refuseth to answer.

^[1][2][3]

IF a Clerk, for any Crime or Offence touching the Crown, be arrested, and after, by the King's Commandment, let to bail, or replevied, so that they, to whom he was let to bail, have him before our Justices; the Sureties from henceforth, nor they to whom he was let to bail, shall not be amerced (if they have his Body before our Justices) although he will not answer before them, by reason of a Clerk's Privilege, nor cannot by reason of his Ordinary.^[4]

1. Bro Coron 111.
2. 2 Inst. 150.
3. Altered by 28 H. 8. c. 1. and 32 H.8. c. 3 which ordain that Clergy shall be used as others be.
4. Not in the original

CAP. XXVIII.
Remedies for Successors of Prelates: for Wrongs done to their Predecessors, &c.

A Remedy for Prelates for wrongs done in the time of their Predecesots, or during the Vacation.^[1][2][3]IT is provided, That if any Wrongs or Trespasses be done to Abbots, or other Prelates of the Church, and they have sued their Right for such Wrongs, and be prevented with Death before Judgment given thereins; their Successors shall have Actions to demand the Goods of their Church out of the Hands of such Trespassers. (2) Moreover, the Successors shall have like Action for such Things as were lately withdrawn by such Violence from their House and Church, before the Death of their Predecessors, though their said Predecessors did not pursue their Right during their Lives. (3) And if any intrude into the Lands or Tenements of such Religious Persons in the time of Vacation, of which Lands their Predecesors died seised as in the Right of their Church, the Successors shall have a Writ to recover their Seisin.^[4][5][6](4) And Damages shall be awarded them, as in Assise of Novel disseisn is wont. to be.'

1. Fitz. Tresspass 205,211,273
2. Fitz. Brief, 176, 296, 359, 623, 628
3. 2. H.4.4.
4. 2 Inst 151.
5. Regist. 72, 1257
6. F.N.B. 112.

CAP. XXIX.
In what Case a Writ of Entrie sur disseisin in the Post doth lie.

^{[1][2][3][4][5][6][7][8][9]} It is provided also, That if those Alienations (whereupon a Writ of Entry was wont to be granted) hap to be made in so many Degrees, that by reason thereof the same. Writ cannot be made in the Form beforetimes

1. Fitz Cui vita, 23.
2. Fitz. Entre, 9,11,49,56.
3. Fitz. Brief, 438, 469, 693, 812.
4. Co. Lit. 238. b. 239. a.
5. 2 Inst. 153.
6. Regist 228
7. F. N. B. 191.
8. D. K. 192, 201, 203
9. Raft. 283.