Page:Ruffhead - The Statutes at Large, 1763.djvu/119

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A.D. 1281.
Anno nono Edwardi I.
73

within the four Seas, and out of Prison, be negligent or slack in this Behalf, ⟨for one whole Year⟩,[1] we, immediately after the Year accomplished, from the Time that such Purchases, Gifts, or Appropriations hap to be made, shall take such Lands and Tenements into our Hand, and shall infeoff other therein by certain Services to be done to us for the Defence of our Realm; saving to the chief Lords of the fame Fees their Wards and Eschetes, and other Services thereunto due and accustomed. (6) And therefore we command you, that ye cause the foresaid Statute to be read before you, and from henceforth to be kept firmly and observed. Witness my self at Westminster the Fifteenth Day of November, the Seventh Year of our Reign.

Enforced and amended by 13 Ed. 1. stat. 1. c. 32.  18 Ed. 1. stat. 1. c. 3.  34 Ed. 1. stat. 3. See 18 Ed. 3. stat. 3. c. 3. with respect to Licences for Purchases in Mortmain; and 15 R. 2. c. 5. what Purchases shall be adjudged Mortmain.  23 H. 8. c. 10. for giving Lands in pious Uses for twenty Years. See 22 Car. 2. c. 6. enabling Corporations to purchase in Mortmain.  7 & 8 W. 3. c. 37. empowering the King to grant Licences to alien in Mortmain, and 9 Geo. 2. c. 36. restraining Gifts in Mortmain by Will.

  1. ↑ Add for one whole Year.

A Statute made 2 Maii, Anno 9 Edw. I. and A.D. 1281.

A Correction of the Twelfth Chapter of the Statute of Gloucester, touching calling Foreigns to Warranty in London.[1]

The Manner of proceeding, when Foreigns be vouched to Warranty in London.IT is provided also, That if one being impleaded in the City of London, do vouch a Foreign to Warranty, the Mayor and the Bailiffs shall adjourn the Parties before the Justices of the Bench at a certain Day, and shall fend their Record thither; (2) and the Justices shall cause the Warrantor to be summoned before them, and shall try the Warranty; (3) and the Mayor and the Bailiffs in the mean Time shall surcease in the Matter that dependeth afore them by Writ, until such Time as the Warranty be determined before the Justices of the Bench; [2](4) and when the Matter shall be determined ⟨in the Bench⟩,[3] Commandment shall be given to the Vouchee to depart into the City, and to answer to the first Plea; (5) and the Demandant, at his Suit, shall have a Writ from the Justices of the Bench, unto the Mayor and Bailiffs, that they shall proceed in the Plea. (6) And if the Demandant recover, the Tenant shall come to the Justices of the Bench, and have a Writ to the Mayor and Bailiffs, that in case the Tenant have loft his Land, they shall cause it to be extended, and return the same Extent unto the Bench at a certain Day. (7) And after, it shall be commanded to the Sheriff of the Shire, where the Warranty was summoned, that he shall cause the Tenant to have of the Lands of the Warrantor to like Value. (8) And if it fortune that the Tenant make Default at the Day that is assigned him in the Bench, then shall there go forth a Writ from the Justices of the Bench to the Mayor and Bailiffs, to seise the Land demanded into the King's Hands by a Petit Cape, and to summon the Tenant, that he be at the Hustings at a certain Day, whereat the Justices shall be advised to give Judgement upon the same Default, if he cannot save it; [4]and in case he can save it, then the Justices shall be certified thereof by their Record, and by the same Record they shall plead the Warranty.

  1. ↑ This is taken from the Secunda pars veterum statutorum, and is in all the English Editions.
  2. ↑ 6 Ed. 1. stat. 1 & 2. c. 12.
  3. ↑ Add in the Bench.
  4. ↑ Rast. 240, 354, &c.; Co . Ent. 176.

II. It is to be remembered, that this Article in Form aforementioned, was signed under the Great Seal of King Edward, Son of King Henry,[1] in

  1. ↑ Qu. Edward.
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