benche that shall dyrecte a wryt vnto the mayer and sheryfes that if the tenaunte haue loste his lande that they shall cause the lande to be extended and valued shall retourne the extent at a certayne day in â—o the benche after it shal be commaunded vnto the sheryf of the shyre where the warrauntye was somoned that he shall cause the partye warranted to haue as moche of the lande of the warrantour in value as he lost ¶ The .xiii. Chapiter IT is prouyded also that after such tyme as a plee is moued in the cyte of London by wrytte the tenaunt shall haue no power to make any waste or estrypament of the lande beynge in demaund hangyng the ple if he do the mayer and sheryfes shall cause it to be kept at the sute of the demaundant And the same ordynaunce and statute shal be obserued in other cytâ—es boroughes euery where through out the realme ¶ The .xiiii. Chapitre THe kynge of his specyall grace graunteth vnto the cytezyns of LoÌ„don that where as before tymes they that were dyssesed of theyr freholde in the same cyte coude not recouer theyr damages before the comyng of the iustyces to the towre that from hensforth the dyssesyes shall haue damages by the same assyse wherby they recouered theyr landes And the dissesours shal be amerced by barons of the eschequer whiche shall resorte ones a yere into the cyte to do it And it shal be commaunded to the baroÌ„s and to the treasourer of theschequer that they shall cause it euery yere to be leuyed by two of them and the amercymentes by the somons of the eschequer to be leuyed to the kynges vse delyuered vp in the eschequer ¶ The .xv. Chapiter IT is prouyded also that mayers and bayllyffes before the comynge of the baroÌ„s shall inquere of wynes sold agaynste the assyse and shall presente it before them at theyr comyng and then to amerce the partyes where before tymes they taryed vnto the comynge of the iustyces errauntes youen at Gloucestre the .iiii. day of Octobre the .vi. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ Here endeth the statute of Gloucestre ¶ Exposycyons vpon the statute of Gloucestre AFterwarde by the kynge our soueraygne lorde and his iustyces certayn expo sycyons were made vpon som of the artycles about mencyoned and as to the fyrst artycle that for entrees by dysseson damages shall runne from the tyme of the statute publyshed lykewyse of wryttes of entre vpon dysseson of damages in all wryttes of mortdauncetour cosynage ayel and besayel of intrusyon by a mans owne acte by any maner of wrytte â–ª damagê shall â—uÌ„ne after the wrytte purchased agaynst that helde by statute all be it that theyr auncetours dyed seased therof Of inquerye to be made touchyng such as be within age the statute shall runne without lymytacyon of tyme of the alyenacyon of landes holden by the lawe of Englande the statute shall runne for suche landes beyng alyened after the tyme of the statute publyshed In lyke maner the statute shall extende and runne vpon the landes of a wyfe alyened by her husbande where as no fyne was leuyed and also vpon landes beyng let in fee ferme vpon condycyon to paye therfore yerely the fourth parte of the very value therof the statute shall runne and extend aswell vn to landes that were lessed before the makynge of the statute as after so that the tenauÌ„t hath witholdeÌ„ then by the space of two yeres more that he shulde haue payed vnto his lessour verely acordyng vnto the fourme of his couenaunt And as to the ponyshement of waste it shal be vnderstanden in all cases except it be of dowers and wardshyp of such wastes as were made syns the publyshyng of the statute And as concernyng them which do alyene theyr dowers it shal be alway vnderstanden after the publyshynge of the statute Gyuen at Gloucestre the sondaye nexte after the feaste of sayncte Peter ad vincula the .vi. yere of the reigne of kynge Edwarde the fyrst ¶ Here endyth the exposycyons vpoÌ„ the statute of Gloucestre ¶ The secounde statute of west mynster made the .xiii. yere of kynge Edwarde the fyrste WHere as of late our soueraygne lorde the kynge in the quynzieme of sayncte Iohan Baptyste the .vi. yere of his â—eygne callyng to gyther the prelates erles barous and his councell at Gloucestre and coÌ„syderyng that many of this realme were dysheryted by reason that in many cases where remedye shuld haue ben had there was none prouyded by hym nor his predecessours ordeyned certayne statutes necessarye and profytable for his people wherby the people of England and Irelande beyng subiectes vnto his power haue obtayned more spedye iustyce in theyr oppressyons then they had before and certayn cases wherin the lawe fayled dyd remayne vndetermyned som remayned to be inacted that were for the reformacyon of the oppressyoÌ„s of his people our soueraygne lorde the kyng in his parlyamente after the feaste of Easter holden the .xiii. yere of his reygne at westmynster caused many oppressions of the people cases where the lawe fayled for the accomplyshment of the sayd statutes of Gloucestre to be rehersed and therupon dyd prouyde certayne actes as it shall appere more playnly here folowynge FIrste concernyng landes that many ¶ The. I. Chapitre tymes are gyuen vpon condycyon that is where a man gyueth his lande to another and his wyfe to the heyres begotteÌ„ of the bodyes of that same man and wyfe with suche condicion expressed if that the maÌ„ and his wyfe dye without heyres of theyr bodyes betwen them begotten the lande so gyuen shuld reuerte to the gyuer or his heyre In case also where landes be gyuen in fre mariage which gyft hath a coÌ„dicyon auuered though it be not expressed in the dede as thus That if the same husbande wyfe dye without heyre of theyr bodies begotten the lande so gyue shall reuerte to the gyuer or his heyre In case also where a man gyueth lande to another and to the heyres of his bodye issuyng it semed very harde yet semeth to the gyuers and theyr heyres that theyr wylbeyng expressed in the gyft was not nor yet is not obserued In all the cases afore sayd after issue borne begotten betwene them to whom the landes were gyueÌ„ vnder such condicyon heretofore suche feffees had power to make alyenacyon of the lande so gyuen and to dysheryte theyr issue contrary to the myndes of the gyuers and contrary to the fourme expressed in the dede And further where the issue faylyng the lande so gyuen ought to retourne to the gyuer or his heyre by fourme of the gyfte expressed in the dede though the issue if any were by the dede and feffement of them to whome the landes were gyuen vnder suche condycyon were barred of theyr reuercyon whiche was dyrectely repugnauÌ„t to the fourme of the gyfte wherfore our soueraygne lorde the kynge consyderyng how necessarye
be delyuered but by the kynge hymselfe and as it is contayned in a certayne diuidenda or indenture made betwene the kynge hymselfe and his chauncellour wherof one parte remayneth in the custodye of the chauncellour ¶ Finis ¶ Of sheryfes FOr asmuche as our soueraygne lorde Edwarde sonne to kynge Edwarde fyrste of the name at his parliameÌ„t holden at Lyncolne in quindena Hillari the .ix. yere of his raygne by the informacion of his prelates erles barons other great men of the realme beynge somoned to the same parlyament also by the greuous compleynt of his people dyd perceyue great damage to be done to hym and great oppressions and disheritaunces to his people by reason that vnsuffycient sheryfes and hundredats haue ben before this tyme in the realme and yet be Our soueraygne lorde the kynge intendynge to auoyde and eschewe such euyl oppressions and dysherytaunces by the assent of his prelates barons and other great estates aforesayd hathe ordayned and establyshed in his sayd parlyment that the sheryfes fromhensforth shall be assygned by the chauncellour treasourer barons of theschequer and by the iustyces And in the absence of the chauncellour by the treasourer barons and iustices And that none shal be sheryf excepte he haue suffycyent lande within the same shyre where he shal be sheryfe for to aunswere the kynge and his people And that none that is stewarde or bayllyf to a great lorde shal be made sheryfe excepte he be out of seruyce so that he may attende to the offyce of a sheryfe for the kyng and his people And in lyke maner it is agreyd and establyshed that hundredes whyther they belonge to the kynge or to other shal be kept by conuenient and able persones that haue suffycyent landes within the same hundred or shyre where the hundred is that the chauncellour treasourer barons iustyces shall do assygne in maner aforesayd without hauyng any other regard And if any sheryfes or hundredars be vn sufficyent at this tyme they shal be demoued and other more conuenient putte in to theyr roumes And that such hundredes be lessed to such persones as are suffycient so that they nede not to vse extorcion vpon the people by reason of to outrageous ferme And that no sheryfe nor hundredar shal lesse his lande to any other in ferme or otherwyse and that the execucyons of wryttes that come to the sheryfes shal be done by the hundredars sworne and knowen in the shyre not by other if it be not the open defaute and disturbaunce of the hundredars and then execucion shal be done by other persones more conuenient beyng sworne so that the people that sue such execucions may saufely know the retourne of theyr wryttes to them that haue or ought to haue them ¶ Finis The statute of Irelande HEnry by the grace of God kyng of England lorde of Irelande duke of Guyan and NormaÌ„die erle of Angeo to his trustye and welbeloued Gerarde sone of Mauryce iustyce of Irelande greatynge Where as certayne knyghtes of the partyes of Irelande haue lately infourmed vs that when any lande doyth descende vnto susters within our bominy oÌ„ of Irelande the iustyces â—â—raunt in those partyes are vncertayne whyther the yonger susters ought to holde of the eldyste suster and do homage vnto her or not And for asmuche as the sayd knyghtes haue made instaunce to be certefyed how it hath ben vsed heretofore within our realme of Englande in lyke case wherupon at theyr instaunce we do you to wyte that such a lawe and custome is in Englande in this case that if any holdyng of vs in chyef hap to dye hauynge doughters to his heyres our auÌ„cetours and we haue had alway after the death of the father and receyued homage of al the doughters and euery of them in this case dyd holde of vs in chyef And if they happened to be within age we haue alwaye had the warde maryage of them if he were tenant to another lorde the susters beyng within age the lorde shall haue the warde and maryage of them all and the eldyste shall do homage onely for herselfe and all her susters And when the other susters come to full age they shall do theyr seruyce to the lordes of the fee by the handes of the eldyst suster And the eldyst vpon this occasyon may not exact of her yonger susters homage warde or any other subieccyon for when they be al susters and in maner as one heyre to one inherytaunce if the eldyste shulde haue homage of the other susters or demaunde warde then the inherytaunce shulde seme to be deuyded so that the eldyst suster shulde be segniores and tenant of one inherytaunce simul et semel that is to saye heyer of her owne part and segniores to her susters which coulde not stande well to gyther in this case for the eldyst can demauÌ„de nomore then her susters but the chyefe mease by reason of her auncienty Moreouer if the elder suster shuld take homage of the yonger she shulde be as a segniores to them all and shulde haue the warde of them and theyr heyres and that shulde be lyke as one wolde commytte a lambe to be deuoured of a wolfe And therfore we comauÌ„de you that you shal cause the foresayd customes that be vsed within our realme of England in this case to be proclaymed thorough out our dominien of Ireland And further shal cause them to be straitly kept obserued In testimony wherof cÌ„ I myselfe beynge wytnesse at westmynster the .ix. day of February The .xiiii. yere of our raygne ¶ Here endeth the statute of Irelande ¶ statute vpon the wrytte of Quo warranto FOr asmuch as wryttes of Quo warranto and iudgemeÌ„tes gyuen vpoÌ„ plees of the same were greatly delayed because the iustyces in gyuyng iudgement were not certefyed of the kynges pleasure therin Our soueraygne lorde the kynge at his parlyament holden at westmynster after the feaste of Easter the .xviii. yere of his raygne of his specyall grace and for the synguler affeccyon that he beryth vnto his prelaâ—es erles and barous and other of his realme hath grauÌ„ted that all vnder his allygeaunce aswel spirituall as other which can proue and veryfie by inquest in the cuntre or other wyse that they and theyr auncetours or predecessours haue vsed any mance of lybertes wherof they were impleded by the sayd wryttes before the tyme of â— Rycharde our Cosyn or in our tyme and haue contynued hytherto so that they haue not mysused such lybertes that the partyes shal be aiourned further vnto a certayne day reasonable before the same iustices within the whiche they may go to our soueraygne lorde the kynge with the recorde of the iustyces sygned with his seale and also retourne And our sourraygne lorde the kynge by his lettres patentes shall confirme theyr estate And they that can not proue the season of theyr auncetours in suche maners as is before declared shall be ordered and iudged after the
the grace of God cÌ„ To all his true and faythfull subiectes greatyng Forasmuch as many do purchase the proteccion of our soueraygne lorde the kynge affyrmynge that they were out of the realme in the kynges seruyce It is prouyded that if theyr aduersary wyl chalenge the proteccyoÌ„ immedyatly wheÌ„ it is shewed in the court wyl â—uerre that they were within the foure sees and out of the kynges seruyce in a place certayne so that they myght haue conueinently appered theyr chalenge shal be entred and the matter shall abyde without day accordyng to the nature of the proteccion And whan it shal be resomoned and the partye comyth into the courte to demaunde iudgement and to folowe his processe offeryth to auerre his chalenge If his aduersarye wyl attende and the couÌ„tre doth passe agaynst hym ths proteccyon shall torne as a defaute to hym that caste it if he be tenauÌ„â— And if he be demaundaunt he shall lesâ— his wryt and shal be ameâ—â—yed vnto the kyng Eyuen at westmynster the .xviii. day of NoueÌ„bre the .xxxiii. yere of kyng Edwarde sone of kynge Henry ¶ Finis ¶ The maner of leuyeng fynes made the .xviii. yere of kyng Edwarde .i. ⸫ WHan the wrytte origynall is delyuered in presens of the partyes a pledour shall say this Syr iustyce coÌ„ge daccorder And the iustyce shall saye to hym Syr R. And shall name one of the partyes then whan they be agreyd of the sume of money that must be gyuen to the kyng the iustyce shall commaunde the peace to be cryed and after the pledour shall saye In so much as the peas is lycenced thus vnto you w. S. and. A. his wyfe that here be do knowledge the maner of B. with the appurtenaunces conteyned in the wrytte to be the ryght of our soueraygne lorde the kynge whiche he hath of theyr gyfte To haue and to holde to hym and his heyres of the sayd w. A. and of theyres of the sayd A. as in demeanes tentes sâ—ygnouryes plces puâ—chases wardes maryages relyefes eâ—chetes mylles aduousons of churches and all other fraunchyses and free customes to the sayd maner belongyng payenge yerely to K. his heyres as chyefe lordes of the fee the seruyces customes due for al seruyces And it is to be noted that the ordre of the lawe wyll not suffre a fynall accorde to be leuyed in the kynges court without the wrytte origynal And that must be at the lest before foure iustyces in the benche or in eyre and not otherwyse in presens of the parties named in the wrytte which must be of full age of good memorie and out of pryson And if a womaÌ„ coueribe one of the partyes than she must be fyrst examyned by foure of the sayd iustyces And if she doth not assent therto the fyne shall not be leuyed And the cause wherfore suche solempnyte ought to be done in a fyne is because a fyne is so hyghe a barre of so great force of so stronge nature in hym selfe that it coÌ„cludeth not onely such as be parties and preueys therto and theyr heyres but all other people of the world beyng of full age out of pryson of good memorie within the .iiii. sees the daye of the fyne leuyed if they make not theyâ— â—ayme of theyr accyon â–ª within a yere â— a daye by the cuntre ¶ Finis ¶ A statute of gauelette in London made the .x. yere of K. Ed .ii. IT is prouyded by our soueraygne lorde the kyng his iustyces also graunted vnto the cytezyns of London that archbyshops byshops crles baroÌ„s and other that haue rentes in London and for som tenemeÌ„tes the rentes are behynde and can not recouer those rentes that it shal be lawful for theÌ„ to dystrayne theyr tenauÌ„tes for the arrerages so long as any thyng is founde in the fee wherby they may be dystraygned the tenaÌ„tes shal be impleded by a wryt of gauelet of customes seruyces which may be well done by theyr fremeÌ„ of the cyte pÌ„sented in theyr huystynges for the kepyng of theyr sute to gather theyr reÌ„tes so that if the tenantes do knowledge theyr seruyces they shall incontineÌ„t without delay satysfye theyr lordes of theyr arrerages And if they denye them theyr seruyces the demandaÌ„tes shal ymmediatly name two wytnesses whose names shal be inrolled shall haue a daye to bryng them forth at the next hustynges at which day if they brynge forth wytnesses and it is shewed by them in the full court of theyâ— owne syght and hearynge that the same playntyfes haue any tyme receyued the rentes whiche they demaunde of the tenementes then the tenauntes shall lese theyr fees by awarde of the courte the playntyfes shall recouer theyr tenementes in demeane If they wyll knowledge the seruyces vnto theyr lordes as before is sayd and lykewyse they shall recouer the arrerages which shal be doubled and they shal gyue to the sheryfe for the wroÌ„g full witholdynge if they be worth so muche without any gâ—udgyng the sum of an hundred sÌ„ And if they do not com in after due somons in the huystynges then the same fees shal be delyuered vnto the playntyfes in the full huystynges to be holden and kept in theyr owne handes for one yeâ—â— a daye within the whiche tyme if the tenauÌ„tes do come vnto them and do offere to satisfye them of the arrecages double and to the sheryfe for his amercyment as before is sayd than they shal haue theyr tenementes agayne but if it be after one yere and a daye accomplyshed such tenementes shall remayne vnto the lordes of those fees by iudgement of the courte in theyr demeane for ouer more And then suche landes shal be called forschâ—k because such tenemeÌ„tes shall remayne for euer in demeane to the lordes of the fees for the defaute of the seruyce The same ordynaunce shall be kepte and obserued if the tenauntes do confesse or knowledge the arrerages be not able to make satysfaccyon therfore as it is sayd before ¶ Finis ¶ A statute for knyghtes made the fyrst yere of kyng Edwarde the secounde ⸫ OVr soueraygne lorde the kyng hath grauÌ„ted that all suche as ought to be knyghtes be not and haue ben dystrayned to take vpon them the ordre of a knyghte within the feaste of the Natiuyte of our lorde shall haue respyte to take the foresayd armes of a knyght vntyll the vtas of saynct Hyllarye with out occasyon and after that they shal be dystrayned except they make som other meane Also he hathe graunted that if any wyll complayne in the chauncery because he was dystrayned cÌ„ and hath not .xx. li. yerely in fee or for terme of lyfe and wyll proue that by the countre then it shal be wryten vnto the more discrete and sage knyghtes of the shyre to take the sayd inquysicyon and if it fortune to be tryed so by the same inqueste he shall haue remedye and the dystresse shall cease Also if
let out by the yere Also foren pasture that is comon how many and what beastes and catell the lorde may haue in the same howe much the pasture of euery beast is worth by the yere to let Also it is to be inquered of parkes demean woodes whiche the lord may assarte and improue at his pleasure and howe many acres they contayne and howe much the vesture of an acre is worth and howe much the lande is worth after the wood is fellyd howe many acres it conteyneth and howe muche euery acre is worth by yere Also it is to be inquered of foreyn woodes where other men haue comon and howe much the lord may improue to hymselfe of the same woodes howe many acres and for howe much the vesture of euery acre maye be solde and howe muche the grounde is worth yerely after that the woode is fellyd and howe many acres it coÌ„tayneth what euery acre is worth by the yere Also it is to be inquered wether the lord may gyue or sell any thyng of the resydue of the foresayd woodes what suche geftes or sales are worth by the yere Also it is to be inquered of pawnage and herbage of the towne and all other profyttes of forestes woodes ryuers ¶ The newe statute of Quo warranto made the .xxx. yere of K. Ed .i. ⸫ THe yere of our Lord M. CC .lxxviii. the .vi. yere of the reygne of kynge Edwarde at Gloucestre in the moneth of August the kynge hymselfe prouydyng for the welthe of his realme and the more full mynistracyon of iustyce as to the offyce of a kyng belongyth the more dyscrete men of the realme aswell of hyghe as of low degre beyng called thyther It was prouyded and ordeyned that where the realme of Englande in dyuerse cases aswell vpon lybertes as otherwyse wherin the lawe fayled to auoyde the greuous damages and innumerable disherytes that the defaute of lawe dyd brynge in had nede of dyuerse helpes of new lawes certayne new prouisyons that these prouisyons statutes and ordynaunces vnderwryten shall fromhensforthe be straytly and inuiolably obserued of all the inhabitauntes of his realme where as prelates erles baroÌ„s and other of our realme that clayme to haue dyuerse lybertes whiche to examyne and iudge The kynge had prefyxed a day to such prelates erles barons and other It is prouyded agreyd and ordayned that the sayd prelates erles barons and other shal vse such maner of lybertes after the fourme of wryt here folowynge Rex vicÌ„ salutem Cum nuper in parliamento nostro apud westmonasterium per nos consilium nostruÌ„ prouisum sit proclamatum quam prelati comites barones alâ—â— de regno nostro qui diuersas libertates per cartas progenitorum nostrorum regum Anglie habere clamant ad quas examinandas iudicandas diem prefixeâ—imus in eodeÌ„ parliameÌ„to libertatibus illis taliter vterentur quam nihil sibi per vsurpacionem seu occupacionem accrescerent nec aliquid super nos occuparent Tibi precipimus quam omnes illos de comÌ„ tuo libertatibus suis quibus hucusque rationabiliter vsi sunt vti gaudere permittas in forma predicta vsque ad proximum aduentum nostruÌ„ per comitatum predictum vel vsque ad proximum aduentum iusticÌ„ iâ—inerantiuÌ„ ad omnia placita in comitatu vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus Teste cÌ„ In lyke maner in the same fourme And if percase they wyll challenge and saye that they are not bounden to aunswere in the origynall wrytte then if it may apere by any mean that they haue vsurped any lybertes vpon the kynge or his predecessours of theyr owne hed or presumpcion they shal be comaunded to aunswere incontynent without wrytte And moreouer they shall haue such iudgement as the courte of our soueraygne lorde the kyng wyll awarde And if they wyll saye further that theyr auncetours dyed seased therof they shal be hard and the truth shal be inquered incontynent accordyng to that iudgement shal be gyuen And if it appere that theyr auncetours dyed seased therof then the kynge shal haue a wrytte out of the chauncery in this fourme Rex vicÌ„ salutem Sum. perbonos summoniâ— talem quam sit coram nobis apud talem locum in proximo aduentu nostro in comitatu predicto vel coram iusticiarus nostris ad proximaÌ„ assisam cum in partes illas venerint often â–ª surus quo warranto tenet visum francipleg in manerio suo de N. vel sic quo warranto tenet hundredum de S. in comitatu predicto vel quo warranto câ—amat habere tholoneum pro se heredibus suis per totum regnum nostrum Et habeas ibi hoc breue Teste cÌ„ And if they come in at the same day they shal aunswere and if they do not come nor be essoyned before the kynge and the kyng do tarye lenger in the same shyre suche ordre shal be taken as is in the circuyte of iustyces And if the kyng depart from the same shyre they shal be aiourned vnto short dayes and shal haue reasonable delayes accordyng to the discrecioÌ„ of the iustyces as it is vsed in personal acciâ—s Also the iustyces erraÌ„t in theyr circuyte shall do accordyng to the foresayd ordynaunce and accdrdyng as suche maner of plees ought to be ordered in the circuyte Concernyng complayntes made and to be made of the kynges bayllyâ—es and of other it shal be done accordyng to the ordynaunce made before therupon and accordynge to the inquestes taken therupon heretofore and the clause subscribed shal be put in a wryt of comoÌ„ somoÌ„s in the circuyte of the iustyces assygned to comoÌ„ plees dyrected to the sheryf cÌ„ that shal be such Rex vicÌ„ saluteÌ„ Precipimus tibi quam publice ê“clamari facias quam omnes conquerentes seu conqueri volentes tam de ministris et aliis balliuis nostris quibuscunque quam de ministris et balliuis aliorum quorumcunque et aliis ventaÌ„t coram iusticiarus nostris ad primam assisam ad quascunque querimonias suas ibidem ostendendas and competentes emendas iude recipiendas secundum legem et consuetudinem regni nostri et iuxta ordinationem per nos iude factam et iuxta tenorem statutorum nostrorum et iuxta articulos eisdem iusticiarus nostris iude traditos prout predicti iusticiaru tibi scire faciant ex parte nostra Teste meipso cÌ„ decimo die Septembris Anno regni nostri trigesimo ¶ Finis ¶ An ordynauÌ„ce of inquestes made the .xxxiii. yere of kyng Edwarde the fyrste ⸫ OF inquestes to be taken before any of the iustyces wherin our soueraigne lorde the kyng is partye howe so euer it â—e It is agreyd and ordayned by the kyng and all his counsell that fromhensforth notwithstandyng it be alledged by them that sue for the kynge that the iurours
and expedyent it shulde be to prouyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the fourme expressed in the dede of gyfte shal be obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen but that it shall remayne vnto theyr issue afâ—er theyr deathe or shall reuerte to the gyuer or his heyres if issue fayle so that there be no issue at all or if any issue be and fayle by death or heyre of tâ—e body of suche issue faylynge Nor the sâ—couÌ„d husband of such a womaÌ„ shall fromhensforthe haue any thynge in the land so gyueÌ„ after the death of his wyfe by the lawe of Englande nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce but immedyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen it shall retourne to theyr issue or to the gyuer or his heyre as before is sayd And forasmuch as in a newe case newe remedy muste be prouyded this maner of wrytte shal be gyuen to hym that wyll purchase it Precipe A. quam iuste c. reddat B. tale manerium cum pertinenÌ„quam C. dedit tali viro et tali mulieri et heredibus de ipsis viro et muliere exeunt vel quam C. dedit tali viro in liberum maritagium cum tali muliere et quam post mortem predictorâ— viri et mulieris predicto B. filio corundem viri et mulieris descendâ—â—e debeat per formam donacionis predicte vt dicit â—el quod C. dedit tali et heredibus de corpore suo exeunt et quod post mortem illius talis predicto B. filio predicti talis descendere debeat per formam c. The wrytte wherby the gyuer shall recouer when issue fayleth is comen ynough in the chauncery And it is to wyte that this statute touchynge alyenacyon of lande contrarye to the fourmâ— of the gyfte hereafter to be made shall holde place and shall not extend to gyftes made before And if a fyue beleuyed hereafter vpon such landes it shal be of no effecte in the lawe Nor such as the reuercyon belongeth vnto though they be of full age within England and out of prysone shall not nede to make theyr clayme ¶ The .ii. Chapitre FOr asmuche as lordes of fees dystraynyng theyr tenauntes for seruyces and customes due vnto them are many â—ymes greuyd because theyr tenauntes do repledge the dystresby wryt or without wrytte And wheÌ„ the lordes at the complaynte of theyr tenauntes do come by attachemente into the shyre â–ª courte â–ª or vnto another courte hauynge power to holde plees of whythernam do abuowe the takynge good lawfull in that the â—â—naunâ—â—s dysauowe and do dysclayme to hold awght of hym which toke the dystres and aduowed it he that dystrayned shal be amerced and the tenauntes shal be quyte to whome ponyshment can nâ—t be assygned for the dysadâ—owynge by recorde of the courte or of other courtes hauyng no recorde It is prouyded and ordeyned from hensforthe that where such lordes can not obtayne iustyce in such maner of courtes against theyr tenauntes as sone as they shal be aâ—tached at the sute of theyr â—enaunâ—es a wrytte shal be grauÌ„ted them to remoue the matter before the iustyces by whom iustyce may be gyuen to such lordes and afore none other the cause shal be putte in the wrytte because suche a man dystraynedâ—â— his fee for seruyces and customes to hym due nor this acte shall not be preâ—udycy all to the law comonly vsed wherby â—â— is prohybytte that no ple shal be remoâ—ed before iustyces at the sute of the defendaunt for though it appeare at the fyrste that the tenaunt is playntyf and the lorde defendant neuerthelesse hauynge respecte to that that the lorde hath dystrayned and suyth for seruyces and customes beyng behynd he aperyth in dede to be rather playntyf than defenbant and that the iustyces maye knowe vpon what freshe season the lordes may aduowe the dystres good and lawfull vpon theyr tenantes From hensforth it is agreyd and enacted that a dystres maye be aduowed reasonable vpon the season of any auncetour or predecessour syns the tyme that a wrytte of nouell dysseson hath runne because it chaunceth many tymes that the tenauÌ„t after he had repledged his beastes doyth sell theÌ„ wherby retourne can not be made to the lorde that dystrayned if it be adiudged It is prouyded that the sheryfes or bayllyfes from hensforthe shall not receyue of the playntyfes onely suretyes for the sute before they make delyuerauÌ„ce of the dystres but also for the retourne of the beastes if retourne be awarded And if any man take sureties otherwyse he shall aunswere for the pryce of the beastes and the lorde that dystrayueth shall haue his recouerye by wrytte that he shal restore vnto him so many beastes or catell And if the bayllyf be not able to restore his lorde shall restore And for asmuche as it happeneth somtyme that afâ—â—r the retourne of the beastes is awarded vnto the dystraynour and the party so dystrayned after that the beastes be retourned doyth repledge them agayne when he seyth the dystraynour appearyng in the court redy to aunswere hym do make defaute wherby retourne of the beastes is awarded agayne to the dystraynour And so the beastes be repledged twyse or thryse and infynytely and the iudgementes in the kynges couâ—â—e take no effecte in this câ— se wherupon no temedye hath ben yet prouyded In this case such processe shal be awarded that as sone as the retourne shal be awarded to the dystrayner by wryt of iudgemeÌ„t the sheryf shal be commaunded so make retourne of the beastes vnto the dystrayner in which wryt it shal be mencyoned that the sheryf shulde not delyuer them without wrytte in whiche it shal be mencyoned of the iudgement gyuen by the iustyces that can not be without a wrytte issuyng out of the rolles of the iustyces be fore whome the matter was brought Therfore when he cometh vnto the iustyces and desyreth repleuyn of his beastes he shall haue a wrytte of iudgement that the sheryf takyng suretye for the sute and also of the beastes or catell to be retourned or for the pryce of them if retourne be awarded shall delyuer vnto hym the beastes or catell before retourned and the distraynour shal be attached to come at a certayne day before the iustyces afore whoÌ„ the plee shal be broughâ— in presence of the partyes and if he that repledged make defaute agayne or for another cause retourne of the dystres beynge nowe twyse repledged be awarded the dystres shall remayne vnrepleuyablâ— but if a dystres be taken of newe and for a newe cause the processe abouesayde shal be obserued in the same newe dystres ¶ The .iii. Chapiter IN case when a man had lost by defaute the lande that he helde in