Marshalsea, Exportation of Corn, Safe-conducts, Sub-poenas, Attaints, etc. Act 1436

JurisdictionUK Non-devolved
Citation1436 c. 5
Statutes made at Westminster, Anno 15 Hen VI. and Anno Dom. 1436 What Sort of Persons may be impanelled upon an Attaint.

(15 Hen. 6) C A P. V.

‘ITEM our Lord the King considering that the Trial of Life and Death, of Lands and Tenements, Goods and Chattles of every Person of his liege People of this Realm, touching Matters in Deed, by the Law of the same Realm remain and stand, and daily is very likely to be had and made, by the Oaths of Inquests of twelve Men duly summoned in his Courts; (2) and also that the great aPerjury, which horribly continueth, and daily increaseth in the common Jurors of the said Realm, is most likely to tend to the greatest Mischief which may fall to the said Realm; (3) and that it is to be supposed, by reason that the more sufficient that Men be of Lands and Tenements, the more unlikely they are to be drawn or moved to Perjury by Brocage, Power, or Corruption; (4) and that in every Action and Writ of Attaint at the least there must be thirteen Defendants, unless that the Death of any cause the contrary; (5) of which thirteen Defendants every Person by the Law may have a several Plea and Answer, triable in whatsoever County that him pleaseth of the said Realm, (6) and every of the same thirteen Pleas and Answers triable out of the County in which the Action and Writ of Attaint is sued, doth cause the Delay of the taking of the Grand Jury of Attaint, until the Time that every of the said foreign several Answers be tried; (7) And although that all these thirteen several Answers and Pleas, every one after other, to cause more Delays, be pleaded, tried, and found against these thirteen Defendants, they themselves have no Prejudice by the same, nor the Plaintiffs in the said Actions and Writs of Attaint no other Advantage, but that the King's Court then shall proceed to the taking of the said Grand Jury, which by Subtilty that daily increaseth may cause the Delay of the Plaintiffs in the said Actions and Writs of Attaint by ten Years or more, by common Estimation;’ '(8) Hath ordained by Authority aforesaid, for Part of the Remedy of the said Mischief, That no Sheriff, Bailiff of Franchise, nor Coroner, in Actions or Writs of Attaint of Plea of Land, of the yearly Value of xl. s. or more, nor Action of *Attaint of Deeds concerning Lands or Tenements of like Value, or more, nor personal, whereof the Judgement of the Recovery shall extend to the Sum of forty Pounds, or more, shall return nor impanel in any Inquisition nor...

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