Stat. Marlb. - Suits of Court Act 1267

JurisdictionUK Non-devolved
Citation1267 c. 9
Year1267
Statutes made at Marlborough, alias Marleberge, 18 Novemb . Anno 52 Hen. III.and Anno Dom. 1267 Who shall do Suit of Court. Suit of Court by Coparceners.

(52 Hen. 3) C A P. IX.

Contra formam feoffamenti .

'FOR doing Suits unto Courts of great Lords, or of meaner Persons, from henceforth this Order shall be observed, That none that is infeoffed by Deed, from henceforth shall be distrained to do such Suit to the Court of his Lord, without he be specially bound thereto by the Form of his Deed: (2) These only except, whose Ancestors, or they themselves, have used to do such Suit before the first Voyage of the said King Henry intoBritain , sithence which nine and thirty Years and an half are passed, unto the time that these Statutes were enacted. (3) Likewise from henceforth none that is infeoffed without Deed, from the time of the Conquest, or any other ancient Feoffment, shall be distrained to do such Suits, unless that he or his Ancestors used to do it before the said Voyage. (4) And they that are infeoffed by Deed to do a certain Service, as, for Service of so many Shillings by Year, to be acquitted of all Service from henceforth shall not be bounden to such Suits, or other like, contrary unto the Form of their Feoffment. (5) And if any Inheritance, whereof but one Suit is due, descend unto many Heirs, as unto Parceners, whoso hath the eldest Part of the Inheritance, shall do that one Suit for himself and his Fellows, and the other Coheirs shall be Contributaries, according to their Portion, for doing such Suit. (6)And if many Feoffees be seised of an Inheritance, whereof but one Suit is due, the Lord of the Fee shall have but that one Suit; and shall not exact of the said Inheritance, but that one Suit, as hath been used to be done before. (7) Andif those Feoffees have no Warrant or Mean which ought to acquit them, then all the Feoffees, according to their Portion, shall be Contributaries for doing the Suit for them. (8)And if it chance that the Lords of the Fee do distrain their Tenants for such Suits, contrary to this Act, then, at the Complaint of the Tenants, the Lords shall be attached to appear in the King's Court at a short Day, to make Answer thereto, and shall have but one Essoin therein, if they be within the Realm; and immediately the Beasts, or other Distresses taken by this Occasion, shall be delivered to the Plaintiff, and so shall remain, until the Plea betwixt them be determined. (9) And if the Lords of the Courts which took...

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