NOTE (D.) A Digest of the English Statutes of Limitations, chronologically arranged. Statute of Merton, c. 8, 20 Henry 3. A. D. 1235.[1] 66 "CAP. VIII. "Several Limitations of Prescription in several Writs." Touching Conveyance of Descent in a Writ of Right from any Ancestor from the time of King HENRY the elder, the Year and Day, it is provided, that from henceforth there be no Men"tion made of so long time, but from the time of King HENRY our "Grandfather: (2) and this Act shall take effect at Pentecost, the "One and twentieth Year of our Reign, and not afore and the "Writs before purchased shall proceed. (3) Writs of Mortdauncestor, of Nativis, and Entre, shall not pass the last Return of King JOHN from Ireland into England; and this Act shall take effect as before is declared. (4) Writs of Novel disseisin "shall not pass the first Voyage of our Sovereign Lord the King, "that now is, into Gascoine. And this Provision shall take his "effect from the time aforesaid; and all Writs purchased before shall proceed." 66 61 Statute of Westminster 1. c. 39. 3 Edward I. A. D_1275.[2] "CAP. XXXIX. "Several Limitations of Prescription in several Writs." "And forasmuch as it is long Time passed since the Writs un"dernamed were limited;"" it is provided, That in conveighing а Descent in a Writ of Right, none shall presume to declare of the Seisin of his Ancestor further, or beyond the Time of King RICHARD, Uncle to King HENRY, Father to the King that now "is; (2)and that a Writ of Novel disseisin, of Partition, which "is called Nuper obiit, have their Limitation since the first Voy"age of King HENRY, Father to the King that now is, into Gas"coin. (3) And that Writs of Mortdancestor, of Cosinage, of "Aiel, of Entry, and of Nativis, have their Limitation from the "Coronation of the same King HENRY, and not before. (4) Ne"vertheless all Writs purchased now by themselves, or to be pur"chased between this and the Feast of St. John, for one Year compleat, shall be pleaded from as long Time, as heretofore they have been used to be pleaded." [I] Statutes at Large, Vol. 1, page 19, (4to Ed.); Vol. 1, page 34, (8vo. Ed.) Vol. 1, page 54, (4to Ed); Vol. 1. page 101, (8vo. Ed.) [2] Ibid. 7 Statute of Westminster 2. c. 46. 13 Edward I. A. D. 1285.[1] "CAP. XLVI. "Lords may approve against their Neighbours. Usurpation of "Commons during the Estate of particular Tenants." 66 "[4] It is ordained, That the Statute of Merton, provided be "tween the Lord and his Tenants, from henceforth shall hold "Place between Lords of Wastes, Woods, and Pastures, and their "Neighbours, saving sufficient Pasture to their Tenants and "Neighbours, so that the Lords of such Wastes, Woods, and Pastures, may make Approvement of the Residue." (10) "And where one, having no Right to Common, usurpeth "Common what Time an Heir is within Age, or a Woman is co"vert, or while the Pasture is in the Hands of Tenants in Dower, by the Courtesy, or otherwise for Term of Life, or Years, or in "Fee-tail, and have long Time used the Pasture, many hold Opin"ion, that such Pastures ought to be said to belong to the Freehold, and that the Possessor ought to have Action by a Writ of "Novel disseisin, if he be deforced of such Pasture; (11) but "from henceforth this must be holden, that such as have entered within the Time that an Assise of Mortdauncestor hath lien, , if they had no Common before, shall have no Recovery by a Writ of Novel disseisin, if they be deforced." 66 Statute of 7 Henry S. c. 3. A. D. 1515.[2] Declared," Within what Time all Actions, Suits, Bills, Indictments, or Informations popular shall be sued, either for the 'King, or for the Party." Repealed, by Statute of 31 Elizabeth, c. 5. sect. 7. A. D. 1589. [3] ་་ 46 Statute of 32 Henry 8, c. 2. A. D. 1540.[^] "The Act of Limitation with a Proviso. Forasmuch as the Time of Limitation appointed for suing of Writs of Right, and other Writs of Possession and Seisin of "Mens Ancestors or Predecessors, or of their own Possession or Seisin, by the Laws and Statutes of this Realm heretofore "made, limited and appointed, extend, and be of so far and long Time past, that it is above the Remembrance of any living Man, "truly to try and know the perfect Certainty of such Things, as "hath or shall come in Trial, or do extend unto the Time and "Times limited by the said Laws and Statutes, to the great Dan"ger of Mens Consciences that have or shall be impannelled in "any Jury for the Trial of the same; (2) and it is also a great [1] Statutes at Large, Vol. 1. pp. 109, 110. (4to Ed.); Vol. 1. p, 210. (8vo. Ed.) Vol. 2. p. 126. (4to Ed.); Vol. 3. p. 37. (8vo. Ed.) 66 "Occasion of much Trouble, Vexation and Suits to the King's "loving Subjects at the common Laws of this Realm; so that no "Man, although he and his Ancestors, and those whose Estate he "or they have, have been in peaceable Possession of a long Season, of and in Lands, Tenements and other Hereditaments, is or can be in any Surety, Quietness or Rest, of and in the same, "without a good Remedy and Reformation be had, made and pro"vided for the same: (3) Be it therefore enacted by the King "our Sovereign Lord, the Lords Spiritual and Temporal, and the "Commons, in this present Parliament assembled, and by the 66 Authority of the same, That no manner of Person or Persons "shall from henceforth sue, have or maintain any Writ of Right, "(4) or make any Prescription, Title or Claim of, to or for any "Manors, Lands, Tenements, Rents, Annuities, Commons, Pen"sions, Portions, Corrodies or other Hereditaments, (5) of the "Possession of his or their Ancestor or Predecessor, and declare "and allege any further Seisin or Possession of his or their Ances"tor or Predecessor, but only of the Seisin or Possession of his An66 cestor or Predecessor, which hath been, or now is, or shall be "seised of the said Manors, Lands, Tenements, Rents, Annuities, Commons, Pensions, Portions, Corrodies or other Hereditaments, "within threescore Years next before the Teste of the same Writ, "or next before the said Prescription, Title or Claim so hereafter "to be sued, commenced, brought, made or had. "II. And be it further enacted by the Authority aforesaid, That "no manner of Person nor Persons, shall hereafter sue, have or "maintain any Assise or Mort-ancestor, Cosinage, Ayel, Writ of Entry upon Disseisin done to any of his Ancestors or Predeces"sors, or any other Action possessory, upon the Possession of any "of his Ancestors or Predecessors, for any Manors, Lands, Tene"ments or other Hereditaments, of any further Seisin or Posses"sion of his or their Ancestor or Predecessor, but only of the "Seisin or Possession of his or their Ancestor or Predecessor, which was, or hereafter shall be seized of the same Manors, "Lands, Tenements or other Hereditaments, within fifty Years "next before the Teste of the Original of the same Writ hereaf"ter to be brought. "III. And be it further enacted by the Authority aforesaid, "That no Person nor Persons shall hereafter sue, have or main"tain any Action for any Manors, Lands, Tenements, or other "Hereditaments of or upon his or their own Seisin or Possession "therein, above thirty Years next before, the Teste of the Ori"ginal of the same Writ hereafter to be brought. "IV. And be it also enacted by the Authority aforesaid, That "no Person nor Persons shall hereafter make any Avowry or Cog"nizance for any Rent, Suit or Service, and allege any Seisin of "any Rent, Suit or Service in the same Avowry or Cognizance, in "the Possession of his or their Ancestors or Predecessor or Pre "decessors, or in his own Possession, or in the Possession of any "other, whose Estate he shall pretend or claim to have above "fifty Years next before the making of the said Avowry or Cog "nizance. "V. And over that be it enacted by the Authority aforesaid, That "all Formedons in Reverter, Formedons in Remainder, and Scire "facias, upon Fines, of any Manors, Lands, Tenements, or other "Hereditaments, at any Time hereafter to be sued, shall be sued, "used and taken within fifty Years next after that the Title and "Cause of Action fallen, and at no Time after the said fifty Years "passed. "VI. And be it also enacted by the Authority aforesaid, That "if any Person or Persons at any Time hereafter do sue any of the "said Actions or Writs, for any Manors, Lands, Tenements or other "Hereditaments, (2) or make any Avowry, Cognizance, Prescrip. "tion, Title or Claim of or for any Rent, Suit, Service or other "Hereditaments, (3) and cannot prove that he or they, or his or "their Ancestors or Predecessors, were in actual Possession or "Seisin of and in the same Manors, Lands, Tenements, Rents, "Suits, Services, Annuities, Commons, Pensions, Portions, Corro"dies or other Hereditaments, at any Time or Times within the "Years before limited and appointed in this present, Act, and in "Manner and Form as is aforesaid, (4) if the same be traversed "or denied by the Party Plaintiff, Demandant, or Avowant, or by "the Party Tenant or Defendant, that, then and after such Trial "therein had, all and every such Person and Persons and their "Heirs, shall from henceforth be utterly barred for ever, of all "and every the said Writs. Actions, Avowries, Cognizance, Pre"scription, Title or Claim hereafter to be sued, had or made, of "and for the same Manors, Lands, Tenements, Hereditaments or "other the Premisses, or any Part of the same, for the which the "same Action, Writ, Avowry, Cognizance, Prescription, Title or "Claim hereafter shall be at any Time had, sued or made. 66 VII. Provided alway, and be it enacted by the Authority "aforesaid, That all and every Person and Persons which now "have any of the said Actions, Writs, Avowries, Scire facias, "Cognizance, Prescription, Title or Claim depending, or that "hereafter shall sue, commence, make or bring any of the said "Writs or Actions, or make any of the said Avowries, Cognizances, Prescription, Titles or Claim, at any Time before the Feast "of the Ascension of our Lord God, which shall be in the Year "of our Lord God a thousand five hundred forty and six, shall al"ledge the Seisin of his or their Ancestors or Predecessors, or "his own Possession and Seisin, and also have all other like Ad"vantages to all Intents and Purposes in the same Writs, Actions, "Avowries, Cognizances, Prescriptions, Titles and Claims, as he "or they might have had at any Time before the making of this "Estatute; this Act or any Thing therein contained to the contra"ry notwithstanding. 66 " ་ "VIII. Provided also, and be it further enacted by the Au"thority aforesaid, That if any Person or Persons now being with"in the Age of twenty-one Years, or covert Baron, or in Prison, or out of this Realm of England, now having Cause to have, sue, commence, make or bring any of the said Writs or Actions, "or to make any Avowries, Cognizances, Prescriptions, Titles or "Claims, that it shall be lawful to such Person or Persons being "within Age, covert Baron, in Prison, or out of this Realm, to "sue, commence, or bring any of the said Writs or Actions, or "make any of the said Avowries, Cognizances, Prescriptions, Ti"tles or Claims, at any Time within six years next after such "Person or Persons, now being within Age, shall accomplish the Age of one and twenty Years, or within six Years next after "such Person or Persons, now being covert Baron, shall be sole, "or within six Years next after such Person or Persons, now being in Prison, shall be set at his Liberty, or within six Years "next after such Person or Persons, now being out of this Realm, "shall come and be within this Realm: (2) And that every such "Person and Persons in their said Actions, Writs, Avowries, Cog"nizances, Prescription, Titles or Claims to be made, sued or commenced within the said six Years, shall alledge within the "six Years the Seisin of his or their Ancestors or Predecessors, or of his own Possession or of the Possession of those whose "Estate he shall then Claim; (3) and also within the same six "Years shall have all and every like Advantages to all Intents and "Purposes in the same, as he or they might have had before the making of this Act, and as though this Act had never been had ne made; this Act nor any Thing therein contained to the contrary notwithstanding. " 61 "IX. Provided also, That if it happen the said Person or Persons, now being within Age, or covert Baron, in Prison or out of "this Realm, having cause to sue, commence, make or bring any "of the said Writs, Actions, Avowries, Cognizance, Prescription, "Title or Claim, to decease within Age, or being covert, as is "aforesaid, or during the Time he or they shall be in Prison or out "of this Realm, or to decease within six Years next after such "Person or Persons shall accomplish his or their full Ages, or "shall be at large within this Realm, or shall become sole, and no "Determination or Judgment had of such Titles, Actions, or 'Rights, so to them accrued; that then the next Heir or Heirs "of such Person or Persons being in Prison or out of this Realm, "or within Age, or being covert Baron, so dying, shall have and "enjoy all and every such Liberty and Advantage to sue, demand "advow, declare or make their said Titles, Claims or Prescrip"tions within six Years next after the death of such Person or "Persons now imprisoned or being out of this Realm, or within "Age, or covert de Baron, in such or like Manner and Form to all "Intents and Purposes, as the same Infant after his full Age, or "the said Woman covert after the Death of her Husband, or |