Page:Ruffhead - The Statutes at Large - vol 2.djvu/451

 A.D. 154-8.- Anno fecundo 6c tertio Edvvardi VI. C.. .113 th.it: have or (hall have any Intereft to any Rent, Common or Pr. ,r othcrwifc, mil of any of the Land j j quilition, where the King, his Heirs or Sua (hall be intil -, I to any fui - or Hereditaments, (hall have, hold, enjoy and pcreeivc all and every th m of Years, 01 by Copy <>l Court-Roll,, in r, Form, State and Condition^ as the j and every of them £hould or might have done, in iad been no fuch Office or Inquifition founden, and as they fhould or lawfully m , in cafe fu I I of Court " • ommon, Office, Fee 01 I . - had I 1 I nind in fuch Office or Inquifition ; ai ) La ., Cullom or Ui.igc to the contrary hercto- ifed in fuch Cafes in any wife notwii 1 . And alio where it I hall I n iur the I irs or Succeflbrs, That the ■ .is of his Ten. tut 01 Tenants is or (hall be wi indeed fuch Heir or Heirs ifl or be at the fame Time of full Age, or of a more or iml i .a is or fhall be contained within luch Office ; V. Be it further enacted by the Authority aforefaid, That in every fuch Cafe fuch Heir and Heirs (hall A Remedy and may at his or their very full Age, or alter, profecute a Writ of ALtate probanda, and fuc his or their where an Livery or OujUr le main, as his or their Cafes (hail lie, and have the Profits of his or their Lands, Tene- ™ £"" *&. *f" ir Hereditaments, I'.nm the Time of his or their very full Age ; any fuch untrue Office or Inqui- A Ci ' um fit ion, or any Law or Cuftom to the contrary, in any wife Vi. Alio where one Perfon or mo is or (hall be founden Heir to the King's Tenant by Office or In- Hob. 50. quifition, where any other Perfon is or (hall be Heir; (2) or if one Perfon or more be or fliall be founden D > cr ,6 '- Heir by frice or Inquifition in one County, and another Perfon or Pcrfons is or fhall be found Heir to the T Co- *S' fame Perfon in another County ; (i) or if any Perfon be or fhall he untruly founden Lunatick, Idiot or Travrrfc to an Dead: (4) Be it enabled by the Authority aforefaid, That every Perfon and Persons, grieved or to be untrue Office grieved by any fui 1O 01 Inquifition, fliall and may have his or their Traverfe to the fame immediately Jo"n^i - .« the or after, at his or their nd proceed to Trial therein, and have like Remedy and Advantage as jane's Ten' r h :r Cafes of Ti svei fe upon untrue Inquifitions or Offices founden ; any Law, Ufage or Cuftom to the or upon At- ' contrary in any wife notwithftanding. Hinder of Trc.i- VII. Alio where it is or fliall be hereafter untruly founden by Office or Inquifition, That any Perfon ftin » Felony,** or Pcrfons attainted or that fhall be attainted of Treafon, Felony or Pramunire, is or fhall be foiled of any a Traverfe tho' Lands, Tenements or Hereditaments, at the Time of fuch Treafon, Felony or Offence committed or clone, the King be in- or any Time after, whercunto any other Perfon or Perfons hath or fhall have any juft Title or Intereft of^f^jt" 111 ' any Eftate of Freehold, that then in every fuch Cafe every Perfon and Perfons grieved thereby (hall lu his or their Traverfe or Monftrancc de droit to the fame, without being driven to any Petition of Right, and like Remedy and Reftitution upon his or their Title found or judged for him or them therein, as hath been accuftomed and ufed in other Cales of Traverfe, although the King's Majefty, his Heirs or Succeflbrs, be or fhall be in fuch Cafe intituled to any fuch Lands, Tenements or Hereditaments, by double Matter of Record ; any Law, Cuftom or Ufage to the contrary in any wife notwithftanding. VIII. And be it further enacted by the Authority aforefaid, That where any Inquifition or Office 'is or Traverfe to an fhall be founden by thefe Words or like, §htod de quo vel de c/uibus tenementa pred. tenent. Jurat. prediSl, igno- Office. rant, or elfe founden holden of the King, Per qua fervic. ignorant, or luch like, that in fuch Cafe fuch '3 H - "• "• Tenure fo uncertainly founden, De quo vel quibus tenementa prediSt. tenentut ignorant, (hall not be taken for p r °' 0ffic!: 59 ' any immediate Tenure of the King, nor fuch Tenure fo founden of the King, Per qua fervic. ignorant, '^ ls5 ' 292 * fliall not be taken any Tenure in Capite, but in fuch Cafes a Melius inquirendum to be awarded, as hath been s Co. 16S. accuftomed in old Time ; any Ufage of later Time to the contrary notwithftanding. IX. And be further enacted by the Authority aforefaid, That where it is or fhall be founden by any Traverfe to an Office or Inquifition, that any Lands, Tenements or Plereditaments are or fhall be defcended, remained Office wherca or come unto any Heir within Age, and in the King's Ward, or that ought to be in the King's Ward, . vvrrn ? Tenure and that fuch Lands, Tenements or Hereditaments are holden of the King immediately, where indeed p f' the fame are or fhall beholden of fome other common Perfon, and not of the King immediately : That Cro, lac, "186. in fuch Cafe fuch Heir or Heirs fliall and may have their Traverfe to the lame, within Age, and like Remedy and Reftitution upon his or their Title found or judged for him or them therein, as hath been accuftomed and ufed in other Cafes of Traverfcs ; any Law, Ufage or Cuftom to the contrary in any wife notwithftanding. I X. Alfo where the King's Majefty by his Prerogative ought to have as well fuch Lands and Tene- ' him in Chief dieth feifeJ, his Heir being within Age, until fuch Time as Livery be fued by fuch Heir, ' and that the mean Lords of whom the faid other Lands and Tenements of fuch Heir be holden, ufed to ' fpare the Rents due to them for the fame Lands or Tenements holden of them during the King's Pof- feffion : (2) And when fuch Heir hath fued his or their Livery, they ufe by Diftrefs or otherwife to compel the faid Heir to pay to them the Arrearages of fuch their Rents, for fuch Time as the faid ' Lands and Tenements were in the King's Pofleffion by fuch Minority, where they fhould have fued by Petition to the King's Majefty to have obtained the fame out of the King's Hands, if they would have the fame ; which is to the great Detriment, Lofs and Hindrance of fuch Heir and Heirs :' (3 ) For Redrefs a RemcJ. - whereof, be it enacted by the Authority of this prefent Parliament, That from henceforth fuch mean Lords the Ren;: during fuch Minority, fliall have, receive and take their faid Rents by the Hands of fuch the King's Of- mean Lords ficers as (hall be appointed to have, receive and take the Iflues, Revenues and Profits of the fame Lands "' and Tenements fo holden of fuch mean Lords, during the Minority and Nonage of fuch Heir and Heirs, ft *' and until fuch Heir and Heirs fue his or their Livery ; (4) and that fuch Heir and Heirs until fuch Time "' as
 * ments as be holden of other Perfons, as holden of himfelf immediately, whereof his Tenant holding of