after the yere and day expyred if he can fynde suffycient suretyes he shal be delyuered And if not he shall abiure the realme ¶ The .xi. Chapiter UUhatsomeuer archbyshop byshop â—â—le or baron comyng to vs at our commaundement and passynge by our forestes it shal be leful for hym to take kyll one or two of our deere with our foster if he be present or els he shall cause one to blowe an horne for hym that he seme not to stele our dere And lykewyse they shall do retournyng home from vs. ¶ The .xii. Chapiter EUery freman fromhensforth with out daungyer shall make in his owne wood or in his lande or in his water that he hath within our forest mylles sprynges poles maâ—les dykes or crable grounde without inclosyng that crable grounde so that it be not to the anoyaunce of his neyghbours ¶ The .xiii. Chapyter EUery freman shal haue within his owne woodes eyres of hawkes sparowhawkes fawcons eglys heroÌ„s and he shall haue also the honye that is founde within his woodes ¶ The .xiiii. Chapiter NO foster froÌ„hensforth that is not â—oster in fee payenge to vs ferme for his baylewyk shall take any chymynage or tolle within his baylewyk The foster in fee payeng vs ferme for his baylewyk shall take chymynage that is â—â— saye for caryage by carie the halfe yere .ii. d. and for another halfe yere .ii. d. for an horse that beryth loâ—es euerye halfe yere ob And of those onely that come as merchauntes through his baylewyk by lycense to bye bushes rymbre barke cole and to sell it agayne at theyr pleasure But for none other cariage by carâ— chymynage or toll shal be takeÌ„ Nor chy â–ª mynage shall not be taken but in suche places onely where it hath ben vsed to be Those which bere vpon theyr backes brushment barke or cole to sell though it be theyr lyuyng shall paye no chymynage to our fosters excepte they take it within our demean woodes ¶ The .xv. Chapiter ALl that be outlawed of trespas within our forest syns the tyme of kyng Henry our graundfather vnto the fyrste yere of our coronacion shall come to our peas without let and shall fynde to vs suretyes that fromhensforth they shall not trespas vnto vs within our foreste ¶ The .xvi. Chapiter NO constable castyllayne or baylyf shall holde plee of forest nother for grene hughe nor huntynge but euerye foster in fee shall make attachementes for plee of forest aswell for grene hughe as huntynge and shall present them to the verders of the countye And when they be inrolled and inclosed with the seales of the verders they shal be presented to our chyef iustyces of our foreste when they shall come thyther to holde plee of forest and before them they shal be determyned And these lybertees of forest we haue graunted to all men sauyuge to all archbyshops byshops abbottes pryours erles barons knyghtes and to all other persons aswell spirituall and temporall templers hospytallars theyr lybertes and fre customes aswell within the forest as without and in warens and other places which they before haue had All these lybertes and customes c. as in foloweth in the ende of the great chartour And we do coÌ„firme and ratefye these gyftes c. as in th ende of the sayd great chartour c. Here endeth the chartour of forest IT was prouyded in the courte of our soueraygne lorde the kyng holben at Merton the morowe after the feast of sayncte Vyncent the .xx. yere of the raygne of kyng Henry the sonne of kynge Iohan before w. archebyshop of Canterbury and other his byshops and suffraganes and before the greater partye of the erles and barons of England there beyng assembled for the coronacioÌ„ of the sayd kynge Alyanore the quene about which they were all called where it was treated for the comen welth of the realme vpoÌ„ the artycles vnder wrytten Thus it was prouyded and graunted aswell of the foresayd archbyshops byshops erles and baroÌ„s as of the sayd kynge and other ¶ The fyrst Chap. FIrst for wydowes which after the death of theyr husbandes are deforced of theyr dowers and may not haue theyr dowers or quareÌ„tyn without plee we woll that who so euer deforce them of theyr dowers or quarentyne in the landes wherof theyr husbandes dyed sesed and that the same wydowes haue recouered syns by plee they that be conuyct of such wrongfull deforcement shal yelde damages to the same wydowes that is to say the value of thoâ—e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemeÌ„t of our court haue recouered season of theyr dowers and the deforcers neuertheles shal be amerced at the kynges pleasure ¶ The .ii. Chapiter ALso fromhensforth all wydowes may bequethe the croppe of theyr grounde aswell of theyr dowers as of other theyr landes and tenementes Sauyng to the lordes of the fee all such seruyces as be due for ther dowers other tenementes ¶ The .iii. Chapitre ALso if any be dyssesyd of theyr freholde and before the iustyces erraÌ„tes haue recouered season by assyse of nouell dysseson or by confession of them which dyd the dysseson And the dyssesye hath had season delyuered by the sheryf if the same dyssesors after the vyage of the iustyces or in meane tyme haue dyssesed the same playntyf of the same freholde therof be conuyete they shall be forthwith taken and kept in the kynges pryson vntyl the kyng hath dyscharged theÌ„ by raunsome or by som other mean And this is the fourme how such beyng â—óuyct shal be ponyshed when the playntyfes com into the courte they shal haue the kynges wrytte dyrected to the sheâ—yffe in whiche muste be contayned the playnte of dysseson done vpon dysseson And then it shall be commaunded to the sheryf that he takyng with hym the kepats of plees of the kyngê corowne and other lawfull knyghtes in his propre persone go vnto the lande or pasture for which the playnte hath ben made And that he make by the fyrst iurrors other neyghbours and lawfull men dylygent inquerye therof and if they fynde hym dyssesyd agayne as before to sayd than let hym do accordyng to the prouysyon afore meÌ„cioned And if it be found other wyse the playntyfe shal be amerced and the other shall go quyte nor the sheryfe shall not execute any such playnte without specyal coÌ„maundement of the kyng In lyke maner shal be done to them that haue recouered theyr season by assyse of morâ—dauÌ„cetor And so of all landes and tenementes recouered in the kynges courte by â—nqueste if after they be dyssesed by the fyrst deforceours agaynst whoÌ„ they haue recouered any wyse by inquest ¶ The .iiii. Chapiter ALso because many great men of Engelande whiche haue infeffed knyghtes and theyr freholders of small tenementes in theyr great maners haue complayned that they can not haue profyte of the resydue of theyr maners as of waste
of Marlebrygge made in the tyme of kyng Henry father to the kyng that nowe is And lykewyse it shal be dou to theÌ„ which take bestes wrongfully that dystrayne out of theyr fee shal be more greuously ponyshed if the maner of the trespas do so requyre ¶ The .xvii. Chapitre IT is prouyded also that if any froÌ„ hensforth take the beastes of other and dryue them into a castell or fortreâ—â—e and there within the close of such castell or fortresse doo witholde them agaynste gages and pledges wherupon the beastes be solempnly demaunded by the sheryf or by some other bayllyf of the kynges at the sute of the playntyf the sheryf or bayllyf takyng with hym the power of his shyre or baylewyke shall assaye to make pleuyn of the beastes to hym that toke them or to his lord or to other beynge seruauntes of the lorde what so euer they be that are founde in the place wherunto the beastes were enchased if any deforce hym of the delyueraunce of the beastes or that no man be founde for the lorde or for hym that toke them for to aunswer make the delyuerauÌ„ce After that the lorde or taker shal be admouyshed to make delyueraunce by the sheryf or bayllyf if he be in the countre or nere or there where he may be conuenyently warned by the taker or by any other of his to make delyueraunce if he were out of the couÌ„tre when the takyng was and dyd not cause the beastes to be delyuered incontynent Then the kynge for the trespas and despyte shall cause the sayde castell or fortres to be beaten downe without recouere And all the damages that the plaintyf hath sustayned in his beastes or in his gaynure or any other wyse after the fyrst demauÌ„de made by the sheryf or baâ—lyf for the beastes shal be restored to hym double by the lorde or by hym that toke the beastes if he haue wherof and if he haue not wherof he shall haue it of the lord at what tyme or in what maner the delyuerauÌ„ce be made after that the sheryf or bayllyf shall com to make delyueraunce And it is to wyte that where the sheryf ought to retourne the kynges wrytte to the bayllyf of the lorde of the 〈…〉 or fortres or to any other to whom the retourne belongeth if the bayllyf of the fraunchyse wyll not make delyueraunce after that the sheryf hath made his retourne vnto hym then shall the sheryf execute and do his offyce without further delaye vpon the foresayd payne notwithstandyng any suche lyberte And if that be done in the marches of wales or iÌ„ any other place where the kynges wryttes be not currant the kynge whiche is chyef and soueraygne lord ouer all shal do ryght therin to such as wyll complayne ¶ The .xviii. Chapitre FOr asmuch as the comen fyne and amercymeÌ„t of the hole couÌ„tye iÌ„ eyre of the iustyces for false iudgementes or for other trespasses is vniustly assessed by sheryfes and extorcyoners in the shyres so that the summe is many tymes in creasyd and the parcelles otherwyse assessed then they ought to be to the damage of the people whiche be manye tymes payed to the sheryfes and extorcâ—oners which do not acquyte the payers It is prouyded and the kynge wyll that from hens forth suche summes shal be assessed before the iustyces in eyre afore theyr departure by the othe of knyghtes and other lawfull men vpon all such as ought to paye And the iustyces shall cause the parcelles to be put in theyr estretes which shal be delyuered vp inâ—â— theschequer not the hole summe ¶ The xix Chapitre IN ryght of sheryff or other which aunswer by theyr owne handes vn to the eschequer and whiche haue receyued of the kynges fathers dettes or the kynges owne dettes before this lyme haue not acquyted the dettours in the eschequer It is prouyded that the kyng shall sende good lawfull men through euery shyre to here all such as wyll complayne therof and so to end the matters there that all such as can proue that they haue payed shal be therof acquyted for euer which whyther the sheryfs or other be lyuyng or dead shall haue restitucy on of theyr owne in a certayn fourme And suche as haue not so done if they be lynyng shal be greuously ponyshed And if they be dead theyr heyres shall be charged with the deâ—â—â— And the kynge hath commaunded thaâ— sheryfs other afore sayde shall fromhensforthe lawfully acquâ—â—â—â—he deâ—tours at the nert accounte after they 〈…〉 such dettes and then the dette shal be allowed in theschequer so that now it shall not com in the somons And if the sheryf otherwyse do and therof be attaynted he shall pay to the playntyf thryse asmâ—che as he hath receyued be raunsomed at the kynges plesure And let euery sheryf take hede that he haue a receyuour for whoÌ„ he wyl aunswer for the kyng wylbe aâ—swered for al of the sheryfs theyr heyres And if any other that is aunswerable to the shequer by his owne handes so do he shall yelde thryse so moch to the playntyf be raun somed in lyke maner And that the sheryffes shall make taylles to all suche as haue payed theyr dette to the kyng and that the somoÌ„s of theschequer be shewed to all dettours that demaunde a lyght therof without denyeng to any and that without takyng any money or reward and he that doyth contrarye shal be greuously ponyshed by the kynge ¶ The .xx. Chapitre IT is prouyded also for trespassers in parkes and warreÌ„s that if any be therof attaymed at the sute of the partye great large amendis shal be awarded accordynge to the trespas and .iii. peres imprysonment and after shal be â—aunsomed at thâ— kynges pleasure if he haue wherof and then shall fynde good suretye that after he shall not commytte lyke trespas And if he haue not wherof to be raunsomed after .iii. yeres imprysonment he shall fynde lyke suretye and if he can not fynde suretye he shal abâ—ure the realme And if any such trespasser be fugytyf and haue no lande nor tenement suffycyent wherby he maye be iustefyed so sone as the kynge shall fynde it by in quest he shal be demaunded from shyre to shyre and if he come not he shall be out lawed It is prouyded also that if none do sue within a yere and a daye for the trespas done the kyng shal haue the sute And suche as be founde gylte therof by lawfull inquest shal be ponyshed by lyke maner in all poyntes as aboue is sayd And if any such trespasour be attaynted that he hath takeÌ„ beastes deare or other thyng in his parkes by maner of robborye in comyng taryeng or retournyng â–ª let the comen lawe be executed vpoÌ„ hym as if he were attaynted of open theft and robborye aswell at the sute of the kynge as of the partye ¶ The .xxi. Chapt. IN ryght of laÌ„des of heyres beyng within age
hath done to vs knyghtes seruyce in our warres ¶ The .xii. Cha. NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage except he paye the olde pryce lymytted that is to say for caryage with ii horse .x. d. a day for .iii. horse .xiiii. d. a day No demean carte of any spiritual person or knyght or any other lorde shall be taken by our baylyes Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by the leue of hym whose the wood is ¶ The .xxii. Chapiter UUe shall not holde the landes of them that be coÌ„uyet of felony but one yere and one daye and then those landes shal be delyueryd to the lordes of the fee. ¶ The .xxiii. Chapiter ALl werys fromhensforth shal be vtterly put downe by Thamys Medway and thorough all England but onely by the see costes ¶ The .xiiii. Chapiter A Wrytte that is called precipe in capite shal be fromhensforth graunted to no man vpon any freholde wherby a freman may lese his courte ¶ The .xxv. Chapitre ONe measure of wyne shall be thorugh all our realme one measure of ale and one measure of corne that is to say accordyng to the quarter of London and one bredth of dyed clothe russettes and haberiectes that is to say .ii. yardes within the lystes And as it is of weyghtes so shall it be of measures ¶ The .xxvi. Chapiter NO thynge fromhensforth shal be gyuen for a wrytte of inquisicion nor taken of hym that prayeth inquysicyon of lyfe or membres but it shal be graunted frely ¶ The .xxviii. Chapi IF any do hold of vs by fee fearme or by socage or burgage he holdeth landes of an other by knyghtes seruyce we shall not haue the custodye of his heyre nor of his lande which is holden of the fee of another man by reason of that fee ferme socage or burgage Nor we shall not haue the custodye of that fee ferme or socage or burgage except knyghtes seruyce be due vnto vs out of that fee ferme Nor we shal not haue the kepynge of the heyre or of any lande by occasyon of any pety feriantye that any man holdeth of vs by seruyce to paye a knyfe an arrowe or other lyke if the land be holdeÌ„ of an other lord by knyghtes seruyce ¶ The .xxviii. Chapiter NO bayllye fromhensforth shal put any man to his open lawe nor to an oth vpon his owne sayeng without faythfull wytnesses brought in for the same ¶ The .xxix. Chapiter NO fre man shal be taken or imprysoned or be dyssesyd of his freholde or lybertees or free customes or be outlawed or exyled or otherwyse dystrayned nor we shall not passe vpoÌ„ hym nor condempne hym but by lawfull iudgement of his peers or by the lawe of the land We shal sell to noman we shal denye nor deferre to noman nother iustyce nor ryght ¶ The .xxx. Chapiter ALl merchauntes if they were not openly prohybyt before shal haue theyr sauâ—e and sure conduytes to entre and departe to go and tarye in the realme as well by land as by water to bye and sell without any maner of yll tolles by the olde and ryghtfull customes excepte in tyme of warre And if they be of the lande makynge warre agaynste vs and be founde in our realme at the begynnyng of the warres they shal be attached without harme of body or goodê vntyll it be knowen vnto vs or our iustyces howe our merchauntes be intreated there in the lande makyng warre agaynste vs. And if our merchauntes be well intreated there theyrs shal be in lyke maner with vs. ¶ The .xxxi. Chapiter IF any man holde of any escheate as of the honor of walyngford No thyngham Boloyn or of any other eschetes which be in our handes as of any baronye and dye his heyre shall gyue none other relyef nor do none other seruyce to vs then he sholde to the baron if it were in the barons hande And we in the same wyse shall holde it as the baron helde it nor we shall not haue by occasyon of any such barony or escheate any escheate or kepyng of any of our men onles they doo holde of vs other where in chyef or els he that helde the baronye or escheate otherwheare helde of vs in chyef ¶ The .xxxii. Chapiter NO freman froÌ„hensforth shall gyue nor sell any more of his lande but so that of the resydue of the land the lord of the fee maye haue the seruyces due to hym which belonge to the fee. ¶ The .xxxiii. Chapiter AL patrones of abbeys which haue the kynges chartours of EnglaÌ„d of aduouson or haue olde â—enure or possessyon in the same shall haue the custodye of them when they fall voyde as it hath ben accustomed and as it is afore declared ¶ The .xxxiiii. Chapiter NO man shal be takeÌ„ or imprysoned vppon the appeall of a woman for the deathe of any other then of her husbande ¶ The .xxxv. Chapiter NO shyre courte fromhensforth shal be holdeÌ„ but from moneth to moneth and where greater tyme hath ben vsed it shal be kept so styll nor no sheryf nor his bayllyf shall kepe his tourne in the hundred but twyse in a yere And not but in due place and accustomed that is to saye ones after Easter and agayne after Myghelmas And the view of fraÌ„k pledge shall be lykewyse at the feast of Myghelmas without occasyoÌ„ So that euery man may haue his lybertees whiche he had or vsed to haue in the tyme of kyng Henry our grauÌ„dfather or which he hath purchased syus The vyew of frankpledge shal be so done that our peas maye be kepte And that the trythynge â—e holly kept as it hath ben accustomed And that the sheryfseke no occasyons that he be content with so muche as the sheryf was wonte to haue for his vyew makyng in the tyme of kyng Henry our graundfather ¶ The .xxxvi. Chapitre IT shall not be leful fromhensforth to any man to gyue his landes to any relygyous house and to take the same lande agayne to holde of the same house Nor it shall not be lefull to any house of relygion to take the landes of any man and to lese the same to hym of whome he receyued it If any man fromhensforthe gyue his landes after this maner to any relygyous house and therupon be conuycte the gyfie shall be vtterly voyd the lande shall retourne to the lorde of the fee. ¶ The .xxxvii. Chapiter EScuage fromhensforth shal be taken lyke as it was wont to be in the tyme of kynge Henry our graundfather reseruyng to all archbyshops bysshops abbottes pryors templets hospytelers erles barons and all persons aswell spirituall as temporall all theyr lybertes and fre customes whiche they haue had in tyme passed And all these customes lybertees aforesayd whiche we haue graunted to be holden within this our realme as much
and in warde of theyr lordes It is prouyded that the wardeyns shal kepe sustayne the landes without dystroyeng any thyng And that of such maner of wardes shal be done in all poyntes as is coÌ„teyned in the great chartoue of lybertes made in the tyme of kynge Henry father of the kyng that nowe is that it be so vsed from hensforth And lykewyse shal be done of wardes of arche byshoprykes byshoprykes abbacyes churches and all spirituall dygnytes in tyme of vacacyon ¶ The. xrii. Chap. OF heyres maryed within age agaynst the wyl of theyr kepars afore that they be paste thage of .xiiii. yeres it shal be done accordyng as it is conteyned in the statute of Merton And of them whiche shal be maryed agaynst the wyll of theyr kepars after they be past thage of â–ª xiiii yeres the kepar shall haue the double value of theyr maryage after the teuour of the same acte Moreouer such as haue withdrawen theyr maryage shal pay the full value therof vnto theyr kepar for the trespas and neuertheles the kynge shall haue lyke amendes accordyng to the same acte of hym that so hath withdrawen And of heyres femals after they haue accomplyshed the age of .xiiii. yeres and the lorde to whom the maryage belongyth wyl not marye them but for coueâ—yse of the land wyll kepe them vnmaryed It is prouyded that the lord shall not haue nor kepe by reason of maryage the landes of such heyres femals more then two yeres after the terme of the sayd .xiiii. yeres and if the lord within the sayd two yeres do not marye them then shall they haue accyoÌ„ to recouer theyr inherytauÌ„ce qwyte without gyuenge any thynge for theyr wardshyp or theyr maryage And if they of malyce or by euyll counsell wyll not be maryed by theyr chyef lordes where they shall not be dysparaged then theyr lordes may holde theyr lande and inherytauÌ„ce vntyll they haue accomplyshed thage of an heyre male that is to wyte .xxi. yeres and further vntyll they haue taken the value of the maryage ¶ The .xxiii. Chapitre IT is prouyded also that in no cyte borugh towne market nor fayre there be no foreyn persone beyng of the realme dystrayned for any dette wherof he is not dettour or pledge he that doyth it shal be greuously ponyshed with out delaye and the dystres shal be delyuered to hym by the bayllyffes of the place or by the kynges bayllyffes if nede be â–ª ¶ The .xxiiii. Chapitre IT is prouyded also that no eschetour sheryf nor other baylyf of the kyng by colour of his offyce without specyall warraunte or commaundement or authoryte certayne pertayâ—ynge to his offyce dyssese no man of his srehold nor of any thyng belongyng to his â—rehold And if any do it shal be at the eleccâ—on of the dyssesye whyther that the kyng by offyce shall cause it to be amended at his complaynte or that he wyll sue the comen lawe by an assyse of nouell dyâ—ieson and he that is attaynted therof shal pay double damages to the playntyte shal be greuously amerced vnto the kynge ¶ The .xxv. Chapiter NO offycer of the kynges shal maynteyne by themselues nor by other plees sutes or matters hangyng in the kynges court for landes tenementes or other thynges for to haue parte or profytte therof by couenaunt made betwen them he that doyth shal be ponyshed at the kynges pleasure ¶ The .xxvi. Chapitre ANd that no sheryffe nor other the kynges offycer take any rewarde to do his offyce but shal be payed of that they take of the kynge and he that â—o doyth shall yeâ—de â—wyfe somuche shall be ponyshed at the kynges pleasure ¶ The .xxvii. Chapiter HAd that no clerke of any iustyce eschetour or inquysit our shal take any thyng for deliueryng chapâ—â—tes but onely clerkes of iustyces errant in theyr cyrcuyte which shal take .ii. s. no more of euery wapentake hundred or towne that aunsweryth by .xii. or by .vi. accordyng as the amercyment hath ben vsed and he that doyth contrarye shall paye thryse somuche as he hath taken shall lose the seruyce of his mayster for one yere ¶ The .xxviii. Chapiter HAd that none of the kynges clerkes nâ—â— of any iustyce from hensforth shall râ—â—â—â—â—e the preseÌ„tment of any church for â—â—â— which any plee or debate is in the kynges courâ—e without specyal by 〈…〉 of thâ— kynge and that the kynge for 〈…〉 to lese the church and his 〈…〉 and that no clerk of any 〈…〉 oâ—â—â—â—â—yf take â—aâ—â—e in any quarelles or 〈…〉 in the kynges courte nor make nor cause comen ryght to be delayed or dystourbed and if any so do be shal be ponyshed by the payne afore sayd or more greuously if the trespas so requyre ¶ The .xxix. Capiter IT is prouyded also that if any seruaunt pleder or other do any maner of dysceyt or collusyon in the kynges courte or consent to do it in derogacion of the court or to begyle the court or the partye and therof be attaynted he shall be imprysonâ—d for a yere and a day and froÌ„thensforth shall not be herd to pleâ—e in that courte for any man And if he be no pleder he shal be imprysoned in lyke maner by the space of a yere and a daye at the least And if the trespas requyre greater ponyshment it shal be at the kynges pleasure and for asmuche as many complayne themselues of the serâ—auÌ„tes cryours of fee and the marshalâ—es of iustyâ—es in cyre takyng money wrongfully of suche as recouer season of lande or of them that optayne theyr matters of that leuye fynes and of iurours townes prysoners and of other attached vpon plees of the crowne otherwyse then they ought to do in dyuers maners And for asmuche as there is a greatter noumbre of them then there ought to be wherby the people are so greued the kyng commaundeth that such thynges be no more done fromhensforth And if any seriaunte of fee do it his offyce shal be taken into the kynges handes and if any of the iustyces marshals do it they shal be greuously ponyshed at the kynges pleasure and aswell the tone as the tother shall paye to all playntyfes the treble value of that they haue receyued in suche maner ¶ The .xxx. Chap. OF suche as take outrageous tolles agaynste the comen custome of the realme in market townes It is prouyded that if any do so in the kynges townes that is bayllyf in fee ferme the kyng shal sese into his owne haÌ„d the fredom of the market And if it be an other towne and it be done by the lorde of the towne the kyng shall do in lyke maner and if it be done by a bayllyf without commaundement of his lorde he shall restore to the playntyf asmoche more for the outrageous takynge as he had of hym if he had caryed his toll and shall haue .xl. dayes imprysonment of cytezyns or but gesses to whome the kyng or his father hath graunted
ryght of his wyfe â–ª it was very harde that the wyfe after the death of her husband had none other recouerye but by a wrytte of ryght wherfore our soueraygne lord the kynge hath ordeyned that a woman after the death of her husbande shall recouer by a wryt of entre wherto she coude not dysagre duryng his lyfe which shal be pleded in fourme vnderwryten if the tenant do except agaynst the demaunde of the wyfe that he entred by iudgemeÌ„t And it be founde that his entre was by defaute â–ª wherto the tenaunt myght be bound to aunswere if it were demauÌ„ded of hym â–ª then he shal be coÌ„pelled to make further aunswer and to shewe his ryghâ— accordynge to the fourme of the wrytte that he purchased before agaynste the husbande and the wyfe And if he can be ryfye that he hath or had ryght in the lande demaunded the woman shall gayne nothyng by her wrytte And if he can not shewe the woman shall recouer the lande beyng in demauÌ„de this beyng always obserued that if the husband absented hymselfe and wolde not defende his wyfes ryght or otherwyse iÌ„ his lyfe wolde not auÌ„swere if the wyfe dyd com in before iudgement redy to aunswere the demaundant to defende her ryght the wyf shal be admytted Lykewyse if tenant in dower tenant by the law of the lande or otherwyse for terme of lyfe or by gyfte wheruppon a reuercyon is reserued do make defaute or wyll surrendre theyr estate the heyres or they to whome the reuercyon belongeth shal be admytted to theyr aunswere if they com in before iudgemeÌ„t And if vpoÌ„ such defaute or surrendre iudgement hap to be gyueÌ„ then the heyres or they to whoÌ„ the reuercyon belongeth after the deathe of such tenauntes shall recouer by a wrytte of entre in whiche wrytte of entre lyke processe shal be obserued as is aforesayd in case where the husbande lesyth his wyues lande by defaute And so in the cases aforesayde two accyons do concure one betwen the demaundant and tenant and an other betwen the tenaunt shewynge his ryght and the demaundant ¶ The .iiii. Chapiter IN case when a man beynge impleded for lande gyueth vp the lande demaunded vnto his aduersarye by collusyon after the deathe of the husbande the iustyces shall awarde the wyfe her dower if she demauÌ„de it by a wrytte but in case when a man â—â—syth by defaute the lande beyng in demaunde if the wyfe after the death of her husbande demaunde to be indowed and it is founde that by som iustyces dower was awarded to the demaundant notwithstandynge the defaute whiche her husbande made before the other iustyces beyng of the contrary opinion and awardyng the contrary to the entente that from hens for the suche doutes or ambyguytes shall be taken away and put in certayn It is prouyded that in bothe cases the woman demaundyng her dower shal be herde and if it be alledged agaynst hyr that her husbande loste the lande wherof the dower is demaunded by iudgement wherby she ought not to haue dower And if it be inquyred by what iudgemeÌ„t it be found that it was by defaute wherunto the tenant muste aunswere then it behouyth hym to aunswere further and to shewe that he had ryght and hathe in the fore sayd lande accordynge to the fourme of the wrytte that the tenaunt before purchased agaynst the husbande and if he can proue that that the husband of such wyfe had no ryght in the landes nor none other but he the tenaunt shall go quyte and the wyfe shal recouer naught of her dower which thyng if he can not shewe the wyfe shall recouer her dower And so in these cases in certayne other folowyng that is to say when the wyfe beynge indowed lesyth her dower by defaute and tenantes in fre maryage by the lawe of Englande or for terme of lyfe or in fee taylle dyuerse accyons do concurre for suche tenantes when they demauÌ„de the lande loste by defaute and when it is come to that poynte that the tenant muste be compelled to shewe his ryght in asmuche as the lawe wyll not compell them to make aunswere with them to whom the reuercyou belongeth and therfore they are suffered to voucheor call to warrauntye accordyng to the tenour of the wrytte as if they were tenauntes and if they haue a warrantye when the warrantour hath warranted the plee shall passe betwene hym that is sesyd and the warrantour accordyng to the tenour of the wrytte that the tenant purchased before and by which he recouered by defaute so from many accyoÌ„s at length they shall resorte to one iudgement whiche is this that eyther the demauÌ„dantes shall recouer theyr demauÌ„de or that the tenantes shall go quyte And if the accyon of suche a tenant whiche is compelled to shewe his ryght be moued by a wrytte of ryght though that the great assyse or batayll can not be ioyned by the wordes accustomed neuertheles it may be ioyned by wordes conuenyent and vsed for when the tenant in that that he shewyth his ryght which agreyth with the wrytte that he before purchased is in stede of a demaundaunt the warrantour maye well defende the ryght of the tenant which cometh in place of the demaundant as before is sayd and to alledge the season of his auncetour and to defende it by the body of a fremaÌ„ or puâ— hymselfe in the great assyse and pray recognysaunce therof whyther he hathe more ryght to the lande beynge in demaunde or els the partye before named or it maye be ioyned otherwyse by the great assyse and so the warrâ—â—our may defende the ryght and knowledge the season of his auncetour and putte hymselfe in the great assyse c. and pray recognysaunce to be made whyther he hath more ryght in the foresayd land as in that wherof he infeffed such a man or that suche a one relessyd and quyte clay med c. or els the foresayd partye c. And where sometymes it chauÌ„cyth that a wyfe whiche is not indowed of the lande of an heyre beynge within age doythe purchase a wrytte of dower agaynst the keparâ— the kepar indowyth the wyfe by fauour or makyth defaute or defendyth suche maner of fayned plee by collusyon wherby the wyfe is a warded her dower in preiudyce of the heyre It is prouyded also and enacted that when the heyre comyth to full age he shall haue an accyon to demaunde the season of his auÌ„ccTour agaynst the wyfe lyke as he shuld haue agaynst any other deforceour prouyded alwayes that that the wyfe shall haue excepcyon agaynste the demaundant to shewe that she had ryght â—o her dower which if she caÌ„shew she shal go quyte and retayne her dower and the heyre shal be greuously amerced accordyng to the dyscrecyon of the iustyces but if the heyre doo recouer his demaunde c. lykewyse the wyfe shal be ayded if the heyre or any other doo implede her for her dower or if she
church And fromhensforth as often as it shal fortune in the chauncery that in one case a wrytte is founde and in lyke case fallyng vnder lyke law nedyng of lyke remedye is found none the clerkes of the chauÌ„cery shall agre in makyng the wryt or the plaintyfes may ad iourne it vntyll the next parlyameÌ„t and let the cases be wryteÌ„ in whiche they can not agree let theÌ„ referre theÌ„selues vntyl the nert parlyameÌ„t then by coÌ„sent of men learned in the lawe a wrytte shal be made lest it myght happen afterwarde that the kynges courte myght fayle to minystre iustyce vnto the sutors ¶ The .xxv. Chapitre FOr asmuche as there is no wrytte in the chauncery wherby playntyfes can haue so spedye remedye as by a wryt of nouell dysseson our soueraygne lorde the kyng to the intent that tustyce may be more spedely mynistred and that delayes in plees shuld be abrydged grauÌ„ teth that a wrytte of nouell dysseson shal holde place in mo cases then it hath vsed heretofore and graunteth that for estoners of woode profytte to be taken in woodes of gatheryng nuttys acornys and other frutes for a corrodye for delyuere of corne and other vytaylles and necessaryes to be receyued yerely in a place certayne tolle tronage passage pontage pannage and suche lyke to be taken in places certayne kepynge of woodes parkes forestes chacys warrens yates and other baylewyke and offyces in fee fromhensforth an assyse of nouell dysseson shall lye and in all the cases afore rehersed the wrytte shal be de libero tenemento and as before tymes it hathe lyen and holden place commune of pasture so shall it fromhensforthe holde place for common of turfeland fyshyng and suche lyke comons which any man hath appendant to his frehold or without freholde by specyall dede at the leste for terme of lyfe In case also when any holdyng for terme of yeres or in warde â—lyeneth the same in fee by such alienaâ—yoÌ„ the frehold is deuested in the feffee yeâ—â—mdye shal be by a wrytte of nouell dysseson aswel the feffour as the feffee shal be had for dissesors so that during the lyf of â—ny of theÌ„ the sayd wryt shal hold place And if remedye happen to fayle by that wrytte remedye shal be optayned by a wrytte of entre And all be it that aboue mencyon is made of some cases wherin a wryt of nouell dysseson helde no place before let no maÌ„ thynke because of that but that this wrytte doyth not nowe in such cases as it hath lyen before And though som haue doubted whyther a remedye be gyuen in this wrytte in case where one commoneth in the seuerall of another let it be had for certayne that a good and a sure remedy is gyuen by the sayd wrytte let them that be named dyssesours beware froÌ„hensforthe that they alledge not false excepcioÌ„s wherby the takyng of the assyse may be deferred sayeng that another tyme an assyse of the same lande passed between the same partyes or sayeng lyeng that a wrytte of moâ—e hygh nature hangeth betwene the same partyes for the same lande and vpon these and lyke matters do vouche reâ—â—s or recordes to warrauntye that by the same vouching they may take away the vesture of the lande and take the rentes and profytes to the great damage of the playntyf And where before no payne was lymytted agaynst hym that falsely had alleged such vntrue excepcyons but onely that after suche false surmyses the assyse shulde passe our soueraygne lorde the kynge to whom such false excepcyoÌ„s be odyous hathe ordayned that if any beyng named dyssesour do personally allege the excepcyon at the daye to hym youen if he fayle of the warrauntye that he hath vouched he shal be adiuged for a dyssesor without takyng of the assyse and shal restore the damages before inquered or to be inquered after to the double and shall neuertheles haue a yetes imprysonment for his falshod And if the excepcyon be shewed forth by a vayllyf the takyng of the assyse shall not be delayed therfore nor the iudgement vppon the restytucyon of the landes and damages yet if the mayster of such a vayllyf that was absent come afterward before the same iustyces that toke the assyse and offer to auerre by the recorde rolles that another tyme an assyse passed between the same partyes for the same lande or that the playntyf at another tyme dyd withdrawe his sute in a lyke wrytte or that a plee hangeth by a wryt of more hygh nature a wrytte of venire facias shal be made to hym vpoÌ„ the same recorde when he hath the wrytte and the iutyees do perceyue that the recorde so shewed by hym before iudgemeÌ„t shuld be so auaylable that the playntyfe by force of the same shulde be barred of his accyon the iustyces shall awarde immedyatly a Scire facias agaynst hym that fyrste râ—couered that he be at a certayne daye at the which the defendant shall recouer his season and damages if that he ought to haue payed any by the fyrst iudgement with the damages also that he had after the fyrste iudgement gyuen whiche he shall recouer to the double as before is sayd and he that fyrst recouered shal be ponyshed by imprysomenâ— after the dyscreyon of the iustyces In lyke maner if the defendant agaynst whome the assyse passed in his absence shew any dedes or dysclaymeth vpoÌ„ makynge wherof the iurye were not examyned nor coude be examyned in so muche as no mencyon was made of them in pledynge and peraduenture myght be ignorant of the makyng of those wryttynges The iustyces vpon the syght of these wrytynges shall awarde a Scire facias to the partye that recouered that he apere before them at a certayne day and shall cause the turrours of the same assyse to come and if they fynde those wrytynges true by theyr verdytte or by inâ—ollyng he that obtayned the assyse contrarye to his owne dede shal be ponyshed by the payne aforesayd And the sheryfe fromhensforthe shall not take of the dyssesye an ore but of the byssâ—sour only and if there be many dyssesours named in one wrytte he shal be neuerthelesse contented with one ore nor shall not aâ—e any ore but of v. â— pryâ—e or the pryce ¶ The .xxvi. Chapitre IN wryttes of redysseson fromhensforth double damages shal be awarded and the reddyssesours shal not be reâ—lcuysable fromhensforth by the comoÌ„wrytte and lyke as in the statute of Merton the same wrytte was proâ—yded for suche as were dyssesed after they had recouered by assyse of nouell dysseson of mortdauncetour or other iuryes Further fromhensforth the same wrytte shall holde place to them that haue recouered by defaâ—te surrendre or otherwyse without recognysaunce of astyses or iuryes ¶ The .xxvii. Chapiter AFter such tyme as any had put to an inqueste his â—â—â—yâ—â— shal be allowed hym at the next daye but the other dayes folowing the takyng of the inqueste shall not
be 〈…〉 ed by â—â—â—oyâ—â— whyther he w 〈…〉 before or no. And after the day gyuâ—an essoyne shall not be allowed at the desyre of the partes in case where the partyes do consent to come without essoyne ¶ The .xxviii. Chapitre UUhere as by the fyrste statute of Westmynster it was prouyded that after the tenantes haue ones apered in the court no essoyne shal be allowed theÌ„ in wryttes of assyses in lyke maner it shal be froÌ„hensforth agaynst the playntyfes ¶ The .xxix. Chapitre A wrytte of 〈◊〉 to here and determyne fromhensforth shall not be graunâ—ed before any iustyces oâ— bothe benches and â—â—s 〈…〉 s â—â—â—a 〈…〉 s but for the 〈…〉 of the 〈…〉 where it is necess 〈…〉 spâ—dye â—emâ—dye And our soueraygne lorde the kynge of his specyall grace hath graunted this and fromhensforth a wrytte ad audiendum et terminandum appella shall not be graunted before iustyces assygned but in a specyal case and for a cause certayne wheÌ„ the kyng commauÌ„deth but lest the partyes appeaâ—â—d or indyted be kepte longe in pryson they shall haue a wrytte of Odio et Aâ—â—a lyke as it is sayd in magna carta and other statutes ¶ The .xxx. Chapitre FRoÌ„hensforth two iustices sworne shal be assygned before whom and none other assyses of nouell dysseson mort dauncetour and attayntes shal be taken and accompanye with them two or one of the dyseretyste knyghtes of the shyre where they come and shal take the foresayd assyses attayntes nomore theÌ„ thryes yerely that is to say betwene the quynzyeme of saynct Iohan Baptyst the gule of August And agayne betwen the feast of the exaltacyon of the crosse the vtas of saâ—nct Myghell And thyrdly betwene the feaste of the Epyphanye and the feaste of the purificacion and in euery shyre at the takynge of assyses before they shall appoynt the daye of theyr retourne so that euery one of the shyre may knowe of theyr contynge and shall aiourne the assyses froÌ„ terme to terme if the takynge of them be declared at any daye by vowchyng to warrauntye by â—ssoyne or by defaute of iurrours and if they see that for any cause assyses of mortdauncetour beynge respyted by essoyne or voucher ought to be adiourned into the benche it shall be lefull for them to do it and then they shall sende the recorde with the originall wrytte before the iustyces of the benche And when the matter is passed to the â—akynge of the assyse the iustyces of the benche shall remytte the matter to the frysie iustyces before whome the assyse shal be taken but fromhensforth the iustyces of the benche shall gyue in suche assyses .iiii. dayes at the leste in the yere before the sayde iustyces assygned for to spare expensâ— and labour Inquysicyons of trespas shal be aiourned before the iustyces of bothe benches except the trespas be so heyghnous that it shall requyre great examynacyons Inquysycyons also of other plees pleded in bothe benches shal be determyned before them wherin small examynacyon is requyred that when the entre or season of any is denyed or in case when one artycle is to be inquered But inquysycyons of manye and greate artycles that requyre great examynacyon shal be taken before iustyces of the benche except that bothe partyes desyre that the inquysicyon be taken afore some of the iustyces when they happen to com into those partyes that fromhensforthe it shall not be done but by two iustyces or one vpon whom the partyes can agre And suche inquysycyons shall not be determyned before any iustyces of the benche excepte a day and a place certayne be apoynted in the shyre in presence of the partyes and the daye and place be mencyoned in the wrytte by these wordes Precipimus tibi quod venire factas coram iusticiarus nostris apud westmonasterium in octauis sancti Michaelis nisi talis et talis tali die et loco ad partes illas venerint duodecim c. And when such inquestes be taken they shal be retourned into the benche there shall iudgement be gyuen and inrolled And if any inquysicyons be taken other wyse then after this fourme they shal be of no effecte except that assyses of darreyn presentmeÌ„t and inquysicyons of Quare impedyt in theyr owne shyre before one iustyce of the benche and one knyght at a day and place certayn assygned whyther the defendant coÌ„sent or not there the iudgemeÌ„t shal be gyuen immedyatly All iustyces of the benches froÌ„hensforth shall haue in theyr cyrcuytes clerkes to inrolle all plees pleded before them lyke as they haue had in tyme passed Also it is ordeyned that the iustyces assygned to take assyses shall not compell the iurrors to saye precysely if it be dysseson or not so that they do shewe the truthe of the dede and desyre helpe of the iustyces But if they of theyr owne hâ—d wyll saye that it is dysseson theyr verdyâ— shal be admytted at theyr owne peryll And froÌ„ hensforth the iustyces shall not putte in assyses or iuryes any other then were at the fyrste somoned to the same ¶ The .xxxi. Chapitre UUhen any that is impleded before the iustyces doyth alledge an excepcyon prayeng that the iustyces wyll allowe it which if they wyll not allowe if he that alleged the excepcyon do wryte it prayeng the iustyces to putte to theyr seales for a wytnesse And if one wyll not another of the companye shall And if the kyng vpoÌ„ coÌ„playnte made agaynst the iustyces cause the recorde to come before hym and the same excepcyon be not founde in the rolle the playntyf shewe the excepcyon wryten vnder the seale of a iustyce the iustyce shal be commaunded to be redy at a certayne day other to confesse or denye his seale And if his iustyce can not denye his seale they shall procede to iudgement accordyng to the same excepcyon and after as it ought to be admytted or auoyded ¶ The .xxxii. Chapitre UUhen relygyous men or any spyrytuall persones do implede any the partye impleded maketh defaute wherby he ought to lese the lande forasmuche as the iustyces haue thought hytherto that if the partye impleded make defaute by collusyon that when the demaundant by occasyon of the statute coude not obtayne seasyn of the lande by tytle of gyfte or other alyenacyon he shall nowe by reason of the defaute And so fraude is to the statute It is ordayned by our soueraygne lorde the kyng in this case that after the defaute made it shal be inquered by the countre whyther the demand a Ì„t had ryght or no if it be found that the demand at had ryght let the iudgement passe with hym so recouer season and if he had no ryght the lande shall go to the neâ—â—e lorde of the fee if he demaunde it within a yere after the inquest taken And if he do not demaunde it within the yere it shal be inquered for the nerte lorde aboue if he demaunde it within halfe a
sayd And the merchauÌ„t shal fynde hym bread and water the merchaunt shall haue such season in the landes and tenemeÌ„tes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the dâ—tte be payd And as sone as the dette is leuyed the bodye of the dettour shal be delyuered with his landes and in suche wryttes as the chauncellour doyth awarde mencyon shal be made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shal be afore the iustyces if agrement be not made and if the sheryfes do not retourne the wrytte or do retourne that the wrytte came to late or that they haue dyrected it to the bayllyfes of some frauuchyse the iustyces shall do as it is contayned in the statute of westmynster And if the sheryf retourne that the bettour can not be founde or that he be clerke the merchauntes shall haue wryttes to all the sheryfes or he shal haue the lande and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent to holde vnto hym his assygnes in the fourme aforesayd at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye and to retayne iÌ„ maner afore sayd and the kepar of the pryson ought to take hede that he muste aunswere for the bodye or for the dette and after that the dettours landes be delyuered to the merchauÌ„t the dettour may lawfully sell his land so that the merchaunt haue no damage of the approwemeÌ„tes and the merchauntes shall always be allowed for theyr damages and all costes labours sutes delayes expenses reasonable And if the dettour fynde suretyes which knowlege theÌ„selues to be pryncypall dettours after the day passed the sure tyes shal be ordered in all thynges as is sayd of the pryncypal dettour as to the arrest of body delyuere of laÌ„des other thynges And when the landes of the dettours be delyuered vnto the merchauÌ„te he shall haue season of all the landes that were in the hande of the dettour the day of the recognysauÌ„ce made in whose handes so euer that they com afterward eyther by feffement or otherwyse and after the dette payed the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours And if the dettour or his suretyes dye the merchauÌ„t shall haue none authoryte to take the body of his heyre but he shall haue his landes as before is sayd if he be of age or when that he is of full age vntyl suche tyme as he hath leuyed of the landes the amountaÌ„ce value of the dette And also anotheâ— seale shal be prouyded that shall serue for fayres and the same shal be sente vnto euery fayre vnder the kynges seale by a clerke sworne or by the kepar of the fayre And of the comynalte of London two merchauntes shall be chosen that shall swere and the seale shal be opened before them and the one pece shal be delyuered vnto the foresayde merchauntes the other shall remayne with the clerke And before them or one of the merchauntes if bothe can not attende the recognysaunces shal be takeÌ„ as before is sayde and before that the recognysaunces be inrolled the payne of the statute shall be openly redde before the dettour so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe and to maynteyne the costes of the sayd clerke the kyng shal take of euery li. i. d. in euery towne where the seale is except fayres where he shal take .i. d. ob of the li. This ordynauÌ„ce and acte the kyng wyl leth to be obserued froÌ„heÌ„s forth throughout his realme of Englande Irelande amonges the whiche people they that wyll may make such recognysaunces excepte Iuys to whome this ordynaunce shall not extende and by this statute a wrytte of dette shall not be abated the chauncellour iustyces of eyther bench iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made but the execucyon of recognysaunces made before them shal not be done iÌ„ the fourme afore sayd but by the lawe and maner before vsed and otherwyse prouyded in other statutes Rex vic salutem Quia coram tali maiore vel custode talis ville vel coram custode sigilli nostri de mercatoribus in nundinis de tali loco et tali clerico nostro A. recognouit debere B. tantuÌ„ quod soluisse debuit tali die et tali anno quod idem B. nondum soluit vt dicit Tibi precipimus quod corpus predictâ—… A. si laicus sit capias et iÌ„ prisona nostra saluo custodiri facias quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus Scire facias iustie nostris apud westmonasteriuÌ„ per litteras tuas sigillatas et habeas ibi hoc breue Teste â–ª c. ¶ Here endyth the statute of merchauntes The statute of relygyous men WHereas of late it was prouyded that relygyous meÌ„ shulde not entre into other mens fees without specyall lycense of the chyef lordes of whome such fees be holden immedyatly And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them and somtyme receyuyng of the gyft of other men wherby the seruyces that are due of suche fees which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen And the chyef lordes do lese theyr eschetes of the same we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates â—ries barons other our subiectes beyng of our couÌ„sell haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any laÌ„des or tenemeÌ„tes or vnder the colour of gyfte or lesse or that wyll receyue by reason of any other tytle what so euer it be landes or tenementes or by any other crafte or engyn wyll presume to appropre to hymselfe vnder payn of fortayture of the same wherby such landes or tenementes may any wyse come into mortmayne we haue prouyded also that if any persone relygyous or other do presume eyther by crafte or engyn to offend agaynst this statute it shal be leful to vs and other chyef lordes of the fee ymmedyate to entre in the lande so alyened within a yere from the tyme of the alyenacyon to holde it in fee and as inherytauÌ„ce And if the chyef lorde ymmediate be necglygent wyll not entre within the yere then it shal be lefull to the nexte chyef lorde immedyate of the fee to entre in the same lande within halfe a
cause those demaundantes to replede of newe wher by such demaundantes are greatly deferred in the case aforesayd for to recouer theyr ryght in the kynges courte by reason of such malyce aswel by mystakyng of the sayd statute of for any other cause iuste and reasonable And this is vsedâ— founde dayly before our iustyces in consyderacyon wherof our soueraygne lord the kynge for to withstande all such malyce in the foresayd case and intendyng to prouyde a remedye therin in his full parlyament hath ordeyned and froÌ„hensforth commaundyth straytly to be obserued that is to wyte the moneday nexte after the feaste of the purificacyon of our lady the .xx. yere of his raygne that if any before iudgement in the aforesayd case cometh in by a colleraterall tytle â–ª and desyreth to be receyued before his receyte he shall fynde suffycient suretye â–ª as the courte wyll awarde to satysfyâ— the demaundaÌ„t of the value of the issueâ— of the landes so to be recouered from the daye that he is receyued to make aunswere vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant And if the demauÌ„dant recouer his demaunde the defendour shal be greuously amerced if he haue wherof And if he haue not he shal be imprysoned at the kynges pleasure And if he can proue his right to be as good as he afâ—â—r at such tyme as he was receyued he shal med go quyte Finis ¶ The statute of vouchers made the .xx. yere of Edwarde the fyrst WHere as the tenaunt in a plee reall heretofore had vouched one to warrauntye and therupon the demauÌ„dant wyl auerre that he nor none of his auncetours syns the tyme that the auncetour of the demaundant was seasyd was in possession of the sayd landes nother in demean nor in seruyce if the partye that is vouched be present and wyll warrauÌ„ â–ª tyse the lande frely vnto the tenauÌ„t such aucrremeÌ„t of the demaundant hath not ben vsed to be admytted except the partye vouched had ben absent and that by reason of a certayne statute of the kynges lately made amongest other statutes of westmynster fyrste wherfore our soueraygne lorde the kyng consyderyng the fraude deceyte and malyce and also his owne damage and dysherytynge of his crowne that in the sayd case hath many tymes happened in his courte and dayly doyth where as some holdynge of the kyng in chyef by an hole baronye in a ple hangyng before the iustyces of the benche vpon theyr demaunde do vouch partycularly knaues vnknowen strauÌ„gyers whiche they wyll brenge forth of whome neyther they nor theyr auncetours had neuer any thynge in the landes that they haue warraunted nor in any other landes or tenementes within his realme neyther in demean nor in seruyce as hath ben testefied by dyuerse of the kynges subiectes so that by suche cautell fraude and malyce the same tenauntes holdyng by an entyer baronye do defraude the kynge of the amercymeÌ„t that they shulde incurre if the demaundant shulde recouer agaynst them And lykewyse when such persons haue warraunted that is to wyte euery one for his porcion that he ought to warraunt he may defende hymselfe by the body of his seruauÌ„t procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batayâ—lâ—s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demauÌ„dantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demauÌ„dant can not haue his auerrement against such warrauntours when they be vouched in fourme aforesayd because the warrauntours be present and wyl warrantyse frely by his comen couÌ„sell hath ordeyned and fromhensforth that is to say from the feaste of S Hyllarye the .xx. yere of his raygne he hath straytly commaudded that who so euer tenaunt do vouche and the demaundant wyll auerre in fourme before rehersed his aucrrement shal be admytted whyther the party vouched be absent or presence without any respecte therunto ¶ Here endeth the statute of vouchers ¶ The statute of yorke made the .xxi. yere of kynge Edwarde the fyrste FOr asmuch as much people of the realme of Englande Irelande hau heretofore manye tymes suffered greate myschyef damage dysherytaunce by reason that i dyuerse cases where the lawe fayled no remedye was purueyd And also for as muche as some poyntes of the statutes heretofore made had nede of exposycyon our soueraygne lorde the kynge desyrynge that ryght be done to his people at his parlyament holden at yorke the .iii. weke after the feaste of S. Myghell the .xiii. yere of his raygne by the assent of the prelates erles barons and the comynalte of his realme there assembled hath made these actes and statutes here folowyng the which he wylleth to be straytly obserued in his sayde realme and land Fyrst for dyuerse myschyefes that where tenauntes in an assyse of nouell dysseson myght not make attorneys heretofore it is agreyd that the tenauntes in assyses of nouell dysseson from hensforthe maye make attourneys yet the kynge intendyth not hereby that the tenauntes and defendauntes in assyses of nouell dysseson shall plede by bayllyfes at theyr owne pleasure as they haue done heretofore it is agreyd that when a dede reÌ„lesse acquytaunce or other wrytyng be denyed in the kynges courte wherin wytnesses be named processe shal be awarded for to cause such wytnesses to appere as before hath ben vsed so that if none of them come in at the great dystresse retourned or if it be retourned that they haue nothynge or that they can not be founde yet the takyng of the inqueste shal not be deferred by the absence of such wytnesses And if the wytnesses do come in at the greate dystresse and the inquest for some cause remayneth vntaken the wytnesses that come in shall haue lyke day gyuen them as is assygned for the takynge of the inqueste at which daye if the wytnesses do not appere the issues that were fyrst retourned â–ª vpon them shal be forfayte And the takyng of the inquest shall not be deferred because of theyr absence And for absence of wytnesses dwellynge within fraunchyses where the kynges wrytte origynall doth not lye the takyng of an inqueste shall not be deferred And where it is contayned in a statute made at westmynster the secound daye of Apryll the. xxvii yere of the reygne of the kynges father that nowe is that inquestes and recognysaunces taken before the iustyces of eche benche sholde be taken before any iustyce of the places accompanyed with som knyght of the shyre where such inquestes happe to be taken if they haue not nede of great examinacion And that in such inquestes the iustyces shall do as they shall thynke most expedyent for the weale of the realme the which statuteth a bettar declaration It is agreyd that inquestes and iuryes that happe to be taken hereafter in plees of lande that requyre not great
that they be shall swere lykewyse that they shall not marye themselues without the kynges lycense And if they do theyr landes and tenementes shal be taken in lyke maner into the kynges haÌ„des vntyl they haue satysfyed at the kynges wyll ¶ The .iiii. Chapitre ANd if one inheritaunce that is holden of the kynge in chyefe dyscende to many partyners then all the heyres shall do homage to the kyng and the same inherytaunce so holden of the kynge shal be deuyded among those heyres so that euery of them after that shal holde theyr parte of the kynge ¶ The .v. Chapiter IF a womaÌ„ before the death of her auncetour that helde of the kynge in chyef be maryed before she be maryable then the kynge shall haue the warde of the bodye of the same woman vutyll she be of age able to coÌ„sent and then she may chuse whyther she wyll haue hym to whome she was fyrst maryed or hym that the kynge wyl offer her None that holdeth of the kynge in chyef by knyghtes seruyce may alyene the more part of his landes so that the resydue therof be not suffycyent to do his seruyce excepte he haue the kynges lycense but this may not be vnderstanden of membres parcelles of such landes ¶ The .vi. Chapitre OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made ¶ The .vii. Chapitre OF churches beyng vacaunt the aduousons wherof beloÌ„g to the kyng and other present to the same wherupoÌ„ debate aryseth betwene the kynge and other if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym so that he present within the space of syx monethes ¶ The .viii. Chapitre THe kynge shall haue warde of the landes of naturall foolys takyng the profyttes of them without waste or dystruccion and fynde to them theyr necessaryes of whose fee someuer that the landes be holden And after the death of suche idiotes he shall rendre it to the ryght heyres so that suche idiotes shall not alyene nor theyr heyres shal be dysheryted ¶ The .ix. Chapitre ALso the kyng shall prouyde when any that before tyme hath had his wytte and memorie happeÌ„ to fayâ—e of his wytte as there are many per lucâ—da interualla .i. by euydent spaces that theyr landes tenementes shal be saufely kept without waste or distruccioÌ„ and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same and the resydue besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto theÌ„ when they come to ryght mynde So that suche landes and tenementes shall in no wyse be alyened And the king shal take nothyng to his owne vse and if the partye dye in suche estate then the residue shal be distrybute for his soule by aduyse of the ordinarye ¶ The .x. Chapiter ALso the kynge shall haue wrek of the see thorough out the realme whales great sturgeons taken in the see or els where within the realme excepte in certayne places pryuyleged by the kynge ¶ The .xi. Chapiter ALso the kynge shal haue escheates of the landes of Normans to whose fee someuer they belonge sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inherytaunce discendyth to any that is borne â—n the partyes beyonde the see whose â—â—ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kynges of Fraunce and not of the kynges â—â— Englande as late it happened by the baronye of Monmouth after the death of Iohan of Monmouth whose heyres were of Brytayne and other places Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men and gaue them to be holden of the chyef lordes of the fee by seruyces and customes due and accustomed therunto ¶ The .xii. Chapitre UUhen any that holdeth of the king in chyef dyeth and his heyre entryth into the lande that his anncetour helde of the kynge the day that he dyed before he hath done homage to the kyng and receyued season of the kyng he shal gayne no freholde therby and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym Wherupon it was agreyd that his wyfe shulde not be indowed because that her husbande had not his entre by the kyng but rather by intrusyon howe be it this statute doyth not meane of socage and other small tenures ¶ The .xiii. Chapitre ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenauÌ„tes be attaynted for felonye in tyme of vacacyon whyles theyr temporaltes were in the kynges handes to gyue at his pleasure sauynge to suche prelates the seruyce that therto is due and accustomed ¶ The .xiiii. Chapitre UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyoÌ„ in his dede or wrytynge of knyghtes fees aduouzons of churches and dowers when they fall belongyng to suche manors or landes then at this daye the kynge reserueth to hymsef such fees aduousons and dowers all be it that amonge other persones there shal be implyed no suche reseruacyon ¶ The .xv. Chapitre ALso the kyng shal haue the goodes of al felons attaynted or that run awaye where som euer they be founde And if they haue freholde then â—â— shal be forthwith takeÌ„ into the kynges handes And the kyng shall haue all profytâ—es of the same by one yere and one daye the lande shal be wasted and dystroyed in the houses wodes gardeyns and in al maner of thynges belongynge to the same lande exceptyng men of certayn places priuyledged by the kynge therfore And after the kyng hath had the yere dayâ— â— waste then the laâ—de shall be restored is the chyef lorde of the fame fee onles that he fyne before with the kyng for the yere the daye the waste Neuertheles it is vsed in the countie of Gloucestre by custome that after one yere one daye the landes and tenementes of felons shal reuerte be restored to the nexte heyre â—â— whome it ought to haue descended if the felonye had not ben done And in Kenâ— in Gauelkynd The father to the bough the sonne to the plough There all heyres males shal dyuyde theyr inherytauÌ„câ— but women shall not make 〈…〉 with men And a woman after the death of her husband shal be indowed
shal be made at the fyrst daye that the partyes appere in court if the tenaÌ„t do alledge the foresayd excepcioÌ„ of a ioynte feffemeÌ„t the demaÌ„daunt wyll offer to auerre by the cuntre shal the daye of the wrytte purchased he that alledged the excepcyon was sole tenaunt then the same maner of processe shal be obserued betwyxt the partyes vntyl a iurye haue passed betwen theÌ„ ther â–ª upon if it be founden by the iurye that the same excepcyon was truely alledged then the wrytte of the demaundaÌ„t shall abate if it be founden by the iurye that the same excepcion was falsely malycyously alledged to the hynderaunce of the partye then the demandaÌ„t shall recouer his seson of the landes in demauÌ„de the tenant shal be ponyshed by the payne abouesayd in a wrytte of nouell dysseson â—s to the imprysonmeÌ„t as to the damages accordyng to the discrecioÌ„ of the iusâ—yces And we wyl grauÌ„t that this staâ—ute shal take his effect the morow after the feast of S. Petre ad vincula next commyng for asmuch also as plees in courte spirituall and vnreasonable delayes many tymes in so much as our wrytte that is called was many tymes brought before the iuges of such matters wheÌ„ they were begonne And therupon our chyefe iustyces coude not procede lawfully nor in due maner to awarde a wrytte of consultacion vpon suche maner of processe It is agreyd that such a wrytte of indycauit shall not be graunted fromhensforth to any man before the matter hangynge in the spirituall courte betwene the partyes be recorded that our chauÌ„cellour shal be certefyed therupon vpon the syght and inspeccyon of a lybell In wytnesse of which thynge we haue caused these our lettres to be patent I myselfe beynge wytnesse at westmynster Gyuen the .xxvii. daye of the moneth of Maye The .xxxiiii. yere of our reygne Finis ¶ A statute of dayes generall in a wryt of dower made the .li. yere of H .iii. IF the wrytte do come in octauis Mychaelis daye shal be gyuen vntyll crastino ammarum If it come in quindena Mychaelis daye shal be gyuen vntyll the crastino Martini Iâ— in mense Michaelis then in quindena Martini If in crastino ammaruÌ„ then in octauis Hillarii If in crastino Martini then in quindena Hillarii If in octauis Martini then in crastino purificationis If in quindena Martini then in octauis purificationis If in octauis Hillarii then in quindena Pasche If in quindena Hillarii then in tribus septimanis Pasche If in crastino purificationis then in mense Pasche If in octauis purificationis then in crastino Ascensionis If in quindena Pasche then in octauis Trinitatis If in tribus septimanis Pasche then in quindena Trinitatis If in mense Pasche then in crastino IoaÌ„nis Babtist If in quinque septimanis Pasche then in octauis Iohannis If in crastino Ascensionis then in quindena Iohannis If in octauis Trinitatis then in octauis Michaelis If in quindena Trinitatis then in quindena Michaelis If in crastino Iohannis Babtyste then in tribus septimanis Michaelis If in octauis Iohannis Babtyste then in mense Michaelis If in quindena Iohannis Babtyste then in crastino animarum ¶ Finis ¶ A statute for Eschetours made the .xxix. yere of Edwarde the fyrste ⸫ AT the parlyamente of our soueraygne lorde the kynge holden at Lyncolne in the vtas of saynt Hyllarye the .xxix. yere of his reygne by his counsel it was agreyd and also coÌ„maundyd by the kynge hymselfe that fromthens it shulde be obserued and done accordyng to the aduyse of the reuerende father â—â— Langeton then byshop of Couentrie and Lychfelde and treasourer to the kyng Iohan Langeton then beyng chauncellour and othrr of the counsell there present before the kyng that where inquestes takeÌ„ by his eschetours by any of the kynges wryttes purchased out of his chauncery beynge retourned and it be fouÌ„de by such inquestes that nothyng is holden of the kyng wherby the kyng ought to haue the warde of suche landes and tenementes by reason of the inquest taken by his eschetours that immediatly and without any delay the eschetours shal be comaunded by the kynges wrytte had out of the kynges chauncery to put fro theyr handes all the landes and tenementes so taken into the kynges possession and if they haue taken any profyttes of such landes and tenementes so taken into the kynges handes by them from the tyme that suche landes and tenementes fyll into the kynges handes they shal make full restitucion to hym or them for whome it was founde by inquestes taken by the same eschetours that suche landes ought to remayne sauynge alwaye to the kynge in case that after such tyme as his eschetours haue dyscharged theyr landes by force of the kynges wrytte as before is sayd if any thyng happen to be founde in the chauncery or the eschequer or in any other of the kynges courtes wherby the warde of suche landes wherof the eschetours haue dyscharged theyr haÌ„des in fourme abouesayd shulde belonge vnto the kyng that ymmedyatly he in whose possession such landes happe to be shal be somoned by a wrytte out of the chauncery to be afore the kynge at a certayne day whersomeuer c. to shewe if he can saye any thynge wherfore the kynge ought not to haue the warde of suche landes accordynge to the fourme of the euydences oâ— remembraunces founde for the kynge And if he come in and shewe why the warde of suche landes doth not belonge vnto the kynge but doyth shewe that iâ— ought to belonge and remayne to hymselfe he shall go quyte and shal retaygne the warde but in case that the partye warned doyth not come or if that he come and can shewe nothyng to put the kynge from the warde the landes and tenementes shal be forthwith resesyd into the kynges handes to be kept in name of wardshyp vnto the lawful age of such heyres as before is sayd And if it be founde vpon the inquestes taken by the eschetours and retourned that the warde of the same landes and tenementes conteyned in the inquest and seasyd into the kynges handes ought not to remayne vnto the kynge then the eschetonâ— shall be commaunded forthwith to dyscharge his handes therof and to restore the issues holly In lyke manâ—â— if it be founde afterward by the euydences and remembraunces in the chauncery eschequer or otherwhere as before is sayd that our soueraygne lord the king ought to haue the warde therof the kynge shal be aunswered vnto for the hole issues and profyttes by the handes of such as helde the same landes and tenementes from the tyme they were fyrst taken into the kynges handes by his eschetours by the wryttes abouesayd And this order shall be obserued fromhensforth in the chauncery notwithstandyng a certayne ordynaunce lately made by our soueraygne lorde the kynge concernyng landes and tenemeÌ„tes taken into his handes by his offycers and not to
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
spirituall iudges haue oftentymes surceased to proceade in causes moued before theÌ„ by force of the kynges wryt of prohibicioÌ„ in cases where as remedie could not be gyuen vnto playntyfes in the kynges courte by any wryâ— out of the chauncery because that suche playntyfes were differred of theyr ryght and remedie in both courtes aswel temporall as spirituall to theyr great damage lyke as the kynge hath ben aduertysed by the greuous complaynyng of his subiectes Our soueraygne lorde the kynge comaundyth that where spirituall iudges do surcease in the aforesayd cases by the kynges prohybicyon dyrected vnto them that the chauncellour or the chyefe iustyce of the kynge for the tyme beyng vpon the syght of the lybell of the same matter at the instauÌ„ce of the playntyfif they can see that the case can not be redressed by any wryt out of the chauncery but that the spirituall court ought to determyne the matter they shal wryte vnto the iudges before whom the cause was fyrst moued that they procede therin nothwithstandynge the kynges prohybicyon dyrected to them before ¶ A statute vpon the offyce of Coroners made the .iiii. yere of kynge Edward .i. ⸫ A Coroner ought to inquere these thynges if he be certefyed by the kynges bayllyfes or other honest men of the cuntre Fyrste he shall go to the places where any be slayne or sodenly dead or wounded or where houses are broken or where treasour is sayd to be founde and shall forthwith commaunde foure of the nexte townes or .v. or syx to appere before hym in suche a place and when they are comen thyther the Coroner vpon the othe of them shall inquere in this maner that is to wyte if they knowe where the persone was fyrst slayne whyther it were in any house in the felde in a bedde in a tauerne or in company and who were there lykewyse it is to be inquered who were culpable â—yther of the acte or of the force and who were present eyther men or womeÌ„ â—â— of what age so euer they be if they can speke or haue any dyscrecyon and howe many be founde culpable by the inqueâ—â— in any of the sayd maners wherupon they shal be taken and delyuered to the sheryfe shal be commytted to the gayle and such as be founden and be not culpable shal be attached vntyll the comynge of the iustyces and theyr names shal be wryten in rolles If it fortune any man to be slayne sodenly whiche is founde in the feldes or in the woodes fyrste it is to be seen whyther he were slayne in the same place or not if he were brought and layd there they shall do asmuche as they can to folowe theyr steppes that brought hym thyther whyther he were brought vpon an â—orse or in a carte It shal be inquered also if the dead persone were knowen or els a straungyer and where he laye the nyght before if any be founde culpable of the murdre the coroners shall ymmediatly goo vnto his house and shall inquere what goodes he hathe and what corne he hathe in his graunge and if he be a fre maÌ„ they shal inquere howe muche lande he hath and what it is worthe yerely further what croppe he hath vpon the lande And wheÌ„ they haue thus inquered vpon euerye thynge they shall cause all the lande corne and goodes to be balued in lyke maner as if they sholde be solde incontinently and therupon they shal be delyuered to the hole towne which shal be auÌ„swerable before the iustyces for all And lykewyse of his freholde howe much it is worth yerely ouer and aboue the seruyce due to the lordes of the fee and the land shall remayne in the kynges handes vntyll that the lordes of the fee haue made fyne for it And immediatly vpon these thynges beynge inquered the bodyes of such persones beyng dead or slayne shal be buryed In lyke maner it is to be inquered of them that be drowned or sodenly slayne or strangled by the sygne of a corde tyed strayte aboute theyr neckes or about any other of theyr membres or vpon any other hurte founde vpon theyr bodyes wherupon they shall procede in the fourme abouesayd and if they were not slayne then ought the Coroners to attache the fynders and all other in the companye A coroner ought also to inquere of treasour that is founden who were the fynders and lykewyse who is suspected therof and that may be well perceyued where one lyueth ryotously hauntyng tauernes and hath done so of longe tyme hereupoÌ„ ve may be attachâ—â— for this suspeccion by .iiii. vi or â—â—o pledges if he may be founde Further if any be appealed of rape he must be attached if the appeall be freshe and they must see an apparaunt sygne of truth by effusyâ— of bloud or an open crye made and such shal be by .iiii. or .vi. pledges if they may be founde If the appeall were without crye or without any many feste sygne or token two pledges shall be sufficyent Vpon appeall of woundes specyally if the woundes be mortall the partyes appealled shal be taken immedyatly kept vntyll it be knowen perâ—yâ—ely whytheâ— he that is hurt shall recouer or not And if he dye the defendant shal be kept And if he recouer helthe they shal be attached by .iii. or syx pledges after as the wouÌ„d is greate or small If it be for a mayme he shal fynde no lesse then fourt pledges if it be for a small wounde or a mayme two pledges shall suffyse Also all woundes ought to be vyewed the length bredeth and depenâ—s and with what weapons and in what parâ—e of the bodye the wounde or hurte is and howe many be culpable and how many woundes there be and who gaue the wounde all which thynges muste be inrolled in the rolle of the corowners Moreouer if any be appealed of an act done as pryncypal they that be appealed of the force shal be attached also and surely kept in warde vntyl the pryncypalles be attaynted Conâ—â—â—nyng horses botes cartes cÌ„ wherby any is slayne that proprely are called deodande they shal be valued and delyutred vnto the townes as before is sayd Concernyng wrek of the see whersoeuer it be founde if any lay handes on it he shal be attached by sufficyent pledges and the pryce of the wrek shal be valued and delyuered to the townes if any be suspected of the death of any maÌ„ beynge in daunger of lyfe he shal be taken and imprysoned as afore is sayd In lyke maner he shal be leuyed for all murdres burglaryes and for men slayne or in perell to be slayne as other where is vsed in Englande and all shall folowe â—he hue and steppes as nere as can be And he that doyth not and is conuycte therupon he shal be attached to be afore the iustyces of the gayle cÌ„ ¶ Here endyth the statute vpon the offyce of Coroners ¶ The estatute of proteccyons made the .xxxiii. yere of kynge Ed. i ⸫ EDwarde by
of wastes distruccioÌ„s done by eschetours or subeschetours in the landes of wardes as of houses woodes parkes warrens of all other thynges that fall into the kynges handes The kyng wyll that he which hath sustayned damage shal haue a wrytte of waste out of the chauncery agaynst the eschetour for his acte the subeschetour for his act if he haue wherof if he haue not his mayster shal be aunswerable by lyke payn coÌ„cernyng damages as is ordeyned by the statute for them that do wast in wardshyps 19. FroÌ„hensforth where the eschetour or the sheryfe sease landes into the kynges handes where there is no cause of seyser And after wheÌ„ it is founde no cause the profytes taken in the meane tyme haue ben styll reteyned and not restored when the kynge hath his oustre ie mayne The kynge wyll that if hereafter any landes be so scasyd after it be out of his handes by reason that he hath no cause to cease nor to holde it the issues shal be fully restored to hym to whome the lande shal remayne and which hath susteyned the damage 20. It is ordeyned that no goldesmyth of Englande nor none otherwhere with in the kynges dominyon shall not fromhensforth gylde nor cause to be gylded no maner of vessell iewell or any other thynge of golde or syluer except it be of the very best alaye that is to wyte golde of a certayne alaye and syluer of the sterlyng alaye or of better after the discrecyon of hym to whome the golde belongeth and that none gylde worse syluer then sterlyng And that he suffer no maner of vessell of golde or syluer to depart out of his handes vntyl it be assayed by the wardeyns of the crafte and further that it be marked with the lybardes hed And that they worke no worse golde theÌ„ of the towch of parys And that the wardeyns of the crafte shall go from shop to shop among the goldesmythes to assaye if theyr golde be of the same towche that is spokeÌ„ of before And if they fynde any other then of the towche aforesayd the golde shal be forfayte to the kynge And that none shal make rynges crosses nor lockes And that none shall set any stone in golde except it be naturall And that grauers or cutters of stones of seales shall â–ª gyue to eche theyr wheyght of syluer as ferforth as they can vpon theyr fidelite And the iewelles of base golde whiche they haue in theyr handes they shall vtter as fast as they can And from hensforth if they bye any of the same worke they shall bye it for to worke vpoÌ„ and not to sell agayne And that all the good townes of Englande where any goldesmythes be dwellyng shal be ordered accordynge to this estatute as they of London be And that one shall come from euery good towne for all the resydue that be dwellyng in the same vnto London for to be assertayned of theyr towche And if any goldsmyth be attaynted hereafter because that he hath done otherwyse then before is ordeyned he shal be ponyshed by imprysonment shal make fyne at the kynges pleasure And nothwithstandyng al these thynges before meÌ„cioned or any poynte of theÌ„ both the kyng his couÌ„sell all they that were present at the making of this ordinauÌ„ce wyll intende that the ryght prerogatyue of his crowne shal be saued to hym in all thynges ¶ Finis THe names and reygnes of al the kynges of Englande froÌ„ the tyme of kynge Edwarde the confessour sone to Etheldrede vnto our most excellent and victoryous prynce kyng Henry the eyght and howe long they reygned and where they be buryed ⸫ 1. EDwarde sone of Etheldrede reygned xxxiii yeres and .xxxix. wekes and is buryed and translated at westmynster 2. Harolde son of Goodwyne reygned xl wekes and two dayes and was slayne by wyllyam Conquetour 3. Wyllyam the conquerour duke of Normandy began his reygne the .xiiii. daye of Octobre the yere of grace M .lxvii. and was crowned the .xxv. daye of Decembre then nexte folowyng dyed the .ix. daye of Septembre and reygned xâ— yeres â—i monethes and .xxii. dayes and is buryed at Cane in Normandye in the same monastery wherof he was foundour som bokes say that wyllyam coÌ„querour dyed the xi day of SepteÌ„bre 4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of SepteÌ„bre the yere of grace M lxxxxvii and was crowned the .xxvii. day of Septembre next folowynge dyed the fyrste day of Auguste the yere of grace M. C. and so reygned .xxii. yeres .xi. monethes and .xvii. dayes and is buryed at wynchestre and this kynge made the great aâ—le at westmynster and perfourmed the buyldyng of the towre of LondoÌ„ which Iulius Cesar began and the kynge of Scottes dyd homage vnto hym 5. Henry the fyrst of that name brother to Wyllyam Rufus began his reygne the fyrst day of August the yere of grace M. C. and was crowned the .v. daye of Auguste next folowyng and dyed the secounde daye of Decembre and reygned xxxv yeres .iiii. monethes and .xi. dayes And is buryed at Redynge And in the tyme of this kyng beganne the ordre of chanons and the ordre of templets 6. Stephen sone to Henry the fyrst began his reygne the secounde day of Decembre the yere of grace M. C .xxxv. And was crowned the .xxvi. daye of Decembre nexte folowynge And dyed the .xxv. daye of Octobre And reygned .xix. yeres .xi. monethes and .xix. dayes And is buryed at Feuersham 7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Angeâ—y began his reygne the .xxv. daye of Octobre the yere of grace M .liiii. And was crowned the .xx. daye of Iulye And reygned .xxxiiii. yeres .ix. monethes two dayes And is buryed at Fountuerard in Normandye And in the tyme of this kynge was founde the semâ—les cote of our lorde And in the tyme of this kynge was slayne Thomas archebyshop of Canterbury 8. Rycharde the fyrste sone of Henry the secounde beganne his reygne the .v. daye of Iuly the yere of grace M. C. lxxxiâ— And was crowned the thyrde daye of Septembre nexte folowynge And dyed the .vi. day of Apryl And reygned .ix. yeres .ix. monethes and .xxii. dayes And is buryed at Fountuerarde in Normandye And in the tyme of â—his kynge the Iues were slayne and bannyshed out of Englande 9. Iohan brother to the sayd Rychard began his reygne the .vi. day of Apryll the yere of grace M. C .xcix. And was crowned the .xxvi. daye of Iuly nexte folowyng And dyed the .xix. daye of Octobre And reygned xvii yeres .vii. monethes And is buryed at worcestre And in the tyme of this kynge the royalme was interdyted And the cyte of London with a great multytude of men burned And in the tyme of this kyng began the ordres of freres minors carmelytes preachers that is to wyte grey whyte and blacke And the kynge of Scottes dyd homage vnto hym And this kynge
The boke of Magna Carta with diuers other statutes whose names appere in the nexte lefe folowynge translated into Englyshe ⸫ ☞ Facessat calumnia ⸫ ☞ Anno DnÌ„i 1534. ¶ A Table declaryng the names of all the statutes coÌ„teyned in this boke as they stande in ordre ⸫ THe great chartour folio .i. He chartour of forest folio .x. Merton folio .xiiii. Marlebrydge folio .xviii. Westmynster fyrste folio .xxx. Gloucestre folio L. Exposicyons of Gloucestre fol .lvi. Westmynster secounde folio .lvii. Westmynster thyrde folio C. Wynchestre folio C .i. The statute of merchauÌ„tes fo C .v. The statute of relygious fol .c. ix The statute of champartye fol .c. x. Vyewe of francpledge folio .c. x. Assyse of bread and ale fol .c. xii Artycles for the clergy folio .c. xiii Impanellyng assyses fo .c. xviii Iniquisicyon vpon the statute of wynchestre folio .c. xx Circumspecte agatis folio .c. xxi Artycles agaynste the kynges prohybicyon fo .cx. xi Dystresses of theschequer fol .c. xxii Diffinicion of conspiratours fo .c. xxiii Leuyeng of fynes folio .c. xxiiii Fynes makyng attorneys fo .c. xxvii The statute of defendynge ryght or resceyte folio .c. xxviii The statute of vouchyng fo .c. xxix The statute of yorke folio .c. xxx The kynges prerogatyue fo .c. xxxiii Doynge of homage fol .c. xxxviii The statute of wardes relyefes fo 139. Dayes in the benche fo .c. xl The statute of bigamy fol .c. xl The statute of toyntenaÌ„tes fo .c. xlii Dayes in a wryt of dower folio .c. xlv The statute of Eschetours fol .c. xlvi The statute of shâ—ryfes fol .c. xlvii The statute of Irelande fo .c. xlviii Quo warran to the fyrst folio .c. l. An ordinaunce of measures fo .c. l. A statute for theschequer fol .c. li. The statute of Essoynes fo .c. lv A statute of the pyllorye fol .c. lvi Breakers of prysons fo .c. lviii Of trespassers in parkes fol .c. lviii The wrytte of consultacion fol .c. lix The offyce of Coroners fol .c. lx The statute of proteccyons fo .c. lxiâ— The fourme of leuyeng fynes fo .c. lxiii The statute of Gaâ—elette fol .c. lxiiii The statute of knyghtes fo .c. lxv The statute of waste fol .c. lxvi Of weyghtes measures fo .c. lxviii Of Forstallours fo .c. lxviii The statute of pryses folio .c. lxix Of purchasyng lybertes fol .c. lxx A statute of the leape yere fo .c. lxxi Of persones appealled fo .c. lxxix The extent of a maner fo .c. lxxiii Quo warranto the secouÌ„de fo .c. lxxiiii An ordinaÌ„ce of inquestes fo .c. lxxvii An ordinaÌ„ce of the forest fo .c. lxxâ—viii Of conspiratours fol .c. lxxix Of measuryng lande fo .c. lxxx The sta of Acton Burnell fol .lxxxi. Artycles vpoÌ„ the chartours fo .c. lxxxiii And after foloweth a bryef colleccyon of the reygnes of the kynges of Englande with a propre table wherby onâ— may lyghtly fynde out the pryncypall matters conteyned within this boke ⸫ ¶ Faultes escaped in the pryntynge ⸫ IN the. 11. lefe the last lyne on the fore syde for lene rede leue the. 17. lefe the secounde lyne on the baksyde for lese rede leasse the. 17. lefe the. 23. lyne on the foresyde for more rede mere the. 23. lefe the. 24. lyne on the foresyde for Se rede So. the. 24. lefe the. 9. lyne on the baksyde for so moued somoned the. 26. lefe the. 6. lyne on the foresyde by the death is twyse put in and the. 11. lyne on the foresyde for countre rede courte the. 57. lefe the. 8. lyne on the foresyde for verely rede yerely the. 75. lefe the secound lyne on the foresyde for counte rede cuntre the. 76. lefe ye. 4. lyne on the foresyde after this worde haue rede power ye. 82. lefe the. 4. lyne on the baksyde for had put rede hath put hymself the. 86. lefe the. 3. lyne on the foresyde for handes rede landes the. 88. lefe the. 22. lyne for fayned rede fyned the. 95. lefe the laste lyne on the baksyde for clothe rede garment the. 114. lefe the. 21. lyne on the foresyde after this worde hereafter rede lye the. 119. lefe the. 10. lyne on the foresyde for merchaunt townes rede market townes and so in dyuerse other places of the boke the. 121. lefe and 19. lyne after spirituall rede goodes the 138. lefe the fyrste lyne on the foresyde for make rede do the same lefe in the. 5. lyne after the worde your rede man the 144. lefe and fyrste lyne on the baksyde for and rede had the same lefe and. 5. lyne after this worde called rede indicauit the. 148. lefe and. 15. lyne for this worde lande rede offyce the. 156 lefe the fyrste lyne on the foresyde after he rede the sheryfe the. 158. lefe the. 13. lyne on the foresyde after hath rede broken the same lefe and. 19. lyne for vnto rede after the. 160. lefe 28. lyne for one rede any the. 162. lefe 21. lyne for he rede hue the. 169. lefe and. 19. lyne after aswell rede vpon the. 178. lefe 8. lyne on the baksyde for this word escheate rede estate ⸫ ¶ The great Chartour made in the .ix. yere of kyng Henry the thyrd and confirmed by kyng Edwarde the fyrste in the .xxviii. yere of his reygne EDwarde by the grace of God kynge of England lorde of Irelande duke of Guyan To all archebyshops byshops abbottes pryours erles baroÌ„s iustyces sheryffes reuys offycers and to all baylyffes and other his faythfull subiectes greatynge We haue sene the greate Chartour of the lorde Henry somtyme kynge of Englande our father of the lybertyes of Englande in these wordes ¶ Henry by the grace of god kynge of Englande lorde of Irelande duke of Normandye and Guyan and erle of Angeoy To all archbyshops byshops abbottes pryours erles barons sheryffes reuys offycers and to all baylyffes and our faythfull subiectes whiche shall see this present chartour gretyng Knowe ye that we vnto the honour of almyghty god and for the saluacyon of the soules of our progenytoures and successoures kynges of Englande to the aduauncement of holy churche and amendement of our realme of our mere and fre wyll haue gyuen and graunted to all archebyshops byshops abbottes pryors erles barons and to all fre men of this our realme these lybertyes vnder wrytten to be holden and kepte in this our realme of Englande for euermore ¶ The fyrst Chapiter FIrste we haue graunted to god by this our present chartour haue confirmed for vs our heyres for euermore that the church of Englande shal be free and shall haue all her hole ryghtes and lybertyes vnhurt We haue graunted also and gyuen to all the fremen of our realme for vs and our heyres for euermore these lyberties vnderwryten To haue and to holde to them and to theyr heyres of vs and ouâ— heyres for euermore ¶ The secound Chapiter IF any of our erles or barons or any other our tenauntes that doo hold of vs in chyef by knightes sâ—â—uyâ—e
dye And at the tyme of his deathe his heyre be of full age and oweth to vs relyef he shall haue his inherytannce by the olde relyef that is to saye the heyre or heyres of an erle for an hole eridom one hundreth poundes The heyre or heyres of a baron for an hole barronye one hundreth markes The heyre or heyres of a knyght for one hole knyghtes fee one hundreth â— at the most And he that hath lesse shall gyue lesse accordyng to the olde custome of the fees ¶ The .iii. Chapyter BVt if the heyre of any such be with in age his lorde shall not haue the warde of hym nor of his lande before that he take of hym his homage And after that suche an heyre hathe ben in warde when he is come to full age that is to saye to thage of xxi yeres he shall haue his inherytaunce without relyef and without fyne so that if such an heyre beyng within age be made knyght yet notwithstandyng his lande shall remayne in the kepyng of his lord vnto the fore sayd terme ⸫ ¶ The .iiii. Chapiter if she goo from the castell then a competeÌ„t house anone shal be prouyded for her in the which she may honestly abyde vntyll her dower be to her assygned as it is aforesayde And she shall haue in the meane tyme her reasonable estouers of the comen And for her dower shal be assygned the .iii. parte except she were indowed of lesse at the church dore No wydow shal be dystrayned to marye herselfe neuertheles she shall fynde suretye that she shal not marye without our lycense and assente if she holde of vs nor without the assent of the lorde if she holde of another ¶ The .viii. Chapiter UUe nor ower bayllyffes shall not sease any lande or rente for any dette as longe as the goodes and catalles of the dettour whiche be present do suffyse to pay the dette and the dettour hymselfe be redye to satysfye therfore nor the pledges of the dettour shal be distrayned as longe as the pryncypall dettour is suffycient for the payment of the dette And if the pryncypall dettor fayle in payment of the dette hauyng nought wherwith to pay or wyl not pay whear he is able ynough than the suretes shall aunswer for the dette And if they wyll they shall haue the landes and rentes of the dettor vntyl they be satysfyed of the dette whiche they before payed for hym except that the dettor can shew hymselfe to be acquyeted agaynst his sayde suretyes ¶ The .ix. Chapiter THe cyte of London shall haue all the olde lybertees and customes which it hath ben vsed to haue Moreouer we wyll and graunt that all other cyties borowghes townes and the barons of the .v. portes and all other portes haue all theyr lybertes and fre customes ¶ The .x. Chapiter NO man shall be dystrayned to do more seruyce for a knyghtê fee nor for any other freholde then is due therfore ¶ The .xi. Chapiter COmen plees shall not folowe our courte but shal be holden in some place certayne ¶ The .xii. Chapiter REcognysaunces of newe disseson and of mort dauncestor shall not be kepte but in theyr shyres and after this maner If we be out of the realme our chyef iustyces shall sende out other iustyces thorough euery countye ones in the yere whiche with the knyghtes of the shyres shal take the sayd assyses in those countyes and those thynges that at the comyng of our foresayd iustyces beyng sente to take those assyses in the countyes can not be determyned shall be ended by them in some other place in theyr circuyte And those thyngê which for dyffycultye of some artycles can not be determyned by them shal be referred to ower iustyces of the benche and there shal be ended ¶ The .xiii. Chap. ASsyses of darreyn presentement shal be taken alway before our iustyces of the benche and there shal be determyned ¶ The .xiiii. Chapiter AFreman shall not be amerced for a lytle faute but after the quaÌ„tyte of the faute And for a great faute after the maner therof sauyng to hym his coÌ„tenement or freholde And a merchaunt lykewyse shall be amercyed sauynge to hym his merchaundyse And any other maner vyllayn then owers lykewyse shal be amercyed sauyng his waynage if he fall into ower mercye And none of the sayd amercyamentes shal be assessed but by the othe of sad and honest men of the neyghbourhed Erles and barons shal not be amercyed but by theyr pyers and after the quantyte of theyr trespas No man of the churche shal be amercyed after the rate of his spirytuall benefyce but after his laye tenemeÌ„t and after the quantyte of his trespas ¶ The .xv. Chapyter NO towne nor freman shal be dystrayned to make brydges nor bankes but such as of olde tyme of ryght haue ben accustomed to make them in the tyme of kynge Henry ower graund father ¶ The .xvi. Chapitre NO banke shal be defendyd froÌ„hensforth but suche as were in defence in the tyme of kynge Henry our grauÌ„dfather by the same places and the same boundes as they were wont to be in his tyme. ¶ The .xvii. Chapiter NO sheryf constable eschetor coroner or any other our baylyffes shal holde plees of our crowne ¶ The .xviii. Chapitre IF any maÌ„ that holdeth of vs a lay fee do dye our sheryf or bayllyf do shewe our lettres patentes of our somons for dette which the dead man dyd owe vnto vs. It shal be lefull to our sheryfe or baylyffe to attache and arrest all the goodes and catalles of the dead man beynge founde in the sayd fee to the value of the same dette by the view and recorde of lawfull men So that nothynge therof shal be taken away vntyll we be clerely payed of the dette And the resydue shall remayne to the eâ—ecutours to perfourme the wyl of hym that is dead And if it be founde that he owyth nothyng vnto vs. All the goodes and catalles shall go to the vse of the dead man sauynge to his wyfe and chyldren theyr reasonable partes ¶ The .xix. Cha. NO coÌ„stable or his baylye shall take corne or other catall of any man for to vytayle his castell if the man be not of the towne where the castel is but he shall forthwith paye for the same onles it maye appere that the wyll of the sellar was to respyte the payment And if he be of the same towne the pryce of that corne or catall shall be payed vnto hym within .xl. dayes ¶ The .xx. Cha. NO constable shall dystrayne any knyght for to gyue money for kepynge of his castell if he hymselfe wyll do it in his propre persone or cause it to be done by another suffycient man if he may not do it hymselfe for a reasonable cause And if we do commaunde or send hym to our warres he shal be fre from castell warde for the tyme that he hath ben with vs in our hoste in fee for the which he
woodes and pastures because the same feffees ought to haue sufficient pasture accordyng to theyr holde Thus it is prouyded and grauÌ„â—ed that whan so euer suche feffees â—o brynge an assyse of nouell dysseson for theyr comeÌ„ of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffyseth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture then let them be coÌ„tented therwith and they on whome it was coÌ„playned shal go quyte of that in so moch as they haue made theyr ê“fyte of theyr landes wasâ—e woodes and pastures And if they alledge that they haue not suffycyent pasture or suffycyent ingate outgate accordynge to theyr holde then let the truth be inquered by assyse And if it be sounde by the assyse that the same deforceours haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffycieÌ„t pasture as before is sayd then shall they recouer theyr sea son by vyew of the inqueste so that by theyr dyscrecyoÌ„ and othe the playntyfes shall haue suffycient pasture and suffycyeÌ„t ingate and outgate in fourme aforesayd And the dyssesors shal be amerced and shall yelde damages as they were wont before this prouysyon And if it be certefyed by the assyse that the playntyfes haue suffycient pasture with fre ingate and outgate as before is sayd let the other make theyr profyte or approuement of the resydue and go quyte of that assyse ¶ The .v. Chapiter LIkewyse it is prouyded graunted of the kynge that from hensforth vsuryes shal not reÌ„ne agaynst any beynge within age from the tyme of the deathe of his auncetour whose heyre he is vnto his lawful age so that notwithstandyng this the payment of the pryncypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is ¶ The .vi. Chapite OF heyres that be led away witholden or maryed by theyr frendes or by other with force agaynste our peas Thus it is prouyded that what so euer â—ay man be conuyct therof that he hath so witholden any chylde led away or maryed he shall yelde to the loser the value of the maryage And for the offence his bodye shal be taken and imprysoned vntyll he haue recompensed the loser if the chylde be maryed and further vntyll he hathe satisfyed the kynge for the trespas And this muste be done the heyre beyng within the age of .xiiii. yeres And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable coÌ„uenyeÌ„t maryage without dysperagement then his lorde shal hold his lande beyonde the terme of his age that is to saye .xxi. yeres so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude collusyon and after as it may be proued in the kynges courte And as touchyng lordes which marye those that they haue in warde to vyllayns or other as burgesses where they be dysperaged if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage then if his frendes coÌ„playne of that lorde he shall lose the wardshyp vnto thage of the heyre And all the profytes that therof shal be taken shall go to the vse of the heyre beyng within age after the dyscrecyon prouysyon of his frendâ— for shame done to hym but if he were xiiii yeres and aboue so that he may coÌ„sent and do consent to such maryage no payne shall folow If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be compelled therto but wheÌ„ he comyth to full age he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande and that whyther he wyll marye hymselfe or not for the maryage of hym that is within age of more ryght pertayneth to the lorde of the fee. ¶ The .vii. Chapiter OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder H. kynge the yere and daye It is prouyded that from densforth there be no mencyon made of so longe tyme but froÌ„ the tyme of kyng Henry our graundfather And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore And the wryttes before purchased shall procede wryttes of mortdauncetor of natiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande And this acte shall take effecte as before is declared wryttes oâ— nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme aforesayd and all wryttes purchased before shall procede ¶ The .viii. Chapiter TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke maner as one that is borne after matrymony all the byshops aunswered that they wolde not nor coulde not aunswer to it because it was dyrectly agaynst the order of the churche And all the byshopes instaunced the lordes that they wold coÌ„sent that all suche as were borne afore matrimony shuld be legytâ—ymate aswell as they that be borne within matrimonye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme and all the erles and batons with one voyce aunswered that they wolde not chaunge the lawes of the realme which hytherto haue ben vsed and approued ¶ The .ix. Chap. MOreouer it was enacted that euery freman which oweth sute to the countye trythyng hundred and wapeÌ„take or to the courte of his lord may frely make attorney to do the sutes for hym ¶ The .x. Chapiter OF trespasers in parkes and warrens it is not yet dyscussed for the lordes demaunded the propre imprysonment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed wherfore it was deferred ¶ Here endeth the statute of Merton ¶ The statute of Marlebrygge THe yere of grace a. M. CC .lxvii. the .lii. yere of the raygn of kyng H. son of kyng IohaÌ„ in yvtas of S. Martyn for the bettar estate of this realme of England for the more spedy minystracion of iustyce as belongeth to â—hoffyce of a kynge the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree It was prouyded agreyd ordeyned that where aâ— the realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons for reformacyon wherof statutes and lawes be ryght necessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes ordynaunces and statutes vnder wrytten whiche
the fyrste daye that he is so moued nor caste no essoyne then he shal be attached at another day at which day if he come not nor caste none essoyne he shal be dystrayned by the great dystres aboue gyuen And if he come not then by his defauâ—e a wrytte shall go to the byshop of the same place that the clayme of the dystourbour for that tyme shall not let the playntyf sauyng to the dystourbour his ryght at another tyme when he wyll plede therfore The same lawe shal be obserued in makyng attachementes in all wryttes where attachementes lye as in makyng dystresses so that the secounde attachement shal be made by bettar sure tyes and afterwarde the laste dystres ¶ The .xiii. Chapiter ANd it is to be knoweÌ„ that after that a man hath putte hymselfe to any inqueste the whiche muste passe in suche wryttes he shall haue but one essoyne or defaute so that if he come not at the day gyueÌ„ to hym by the essoyne or make defaute the secounde daye then the inqueste shal be taken by his defaute and accordyng to the inquest they shall procede to iudgement And if suche inquest be taken in the shyre before the sheryf or coroner it shal be sente vnto the kynges iustyces at a certayne day and if the partye defendaÌ„t come not at that day then through his defaute another day shal be assygned to hym after the dyscrecyon of the iustyces and it shal be commaunded to the sheryf that he cause hym to come to here the iudgement if he wyll accordyng to the inquest at which daye if he come not through his defaute they shall procede to iudgement In lyke maner it shal be done if he come not at the day gyuen vnto hym by his essoyne ¶ The .xiiii. Chapiter COncernyng chartours of exempcyon lybertees that the purchasours shall not be impanelled in assyses iuryes and inquestes it is ê“uyded that if theyr othes be so requisyte that without them iustyce can not be done as in great assyses perambulacyons and in dedes or wrytynges of couenauntes where they be named for wytnesses or in attayntes in other cases lyke they shal be coÌ„pelled to swere sauyng to them at another tyme theyr foresayd lyberte and exempcyon ¶ The .vii. Chapiter IT shal be lefull to no man froÌ„hensforthe for any maner of cause to take dystresses out of his fee nor in the kynges hygh way nor in the comeÌ„ strete but onely to the kyng or his offycers hauyng specyall aucroryte to do the same ¶ The .xvi. Chapiter IF any heyre after the death of his auncetor be within age and his lorde haue the warde of his landes and tenementes if the lorde wyll not rendre vnto the heyre his land when he cometh to his full age without plee the heyre shall recouer his lands by assyse of mort dauncetour with the damages that he hath sustayned by such witholding syns the tyme that he was of full age and if any heyre all the tyme of his auncetors death be of full age and he his heyre apparaunt and knowen for heyre and be found in the inherytauÌ„ce the chyef lord shall not put hym out nor take nor remoue any thyng there but shal take onely symple season therof that he may be knowen for lorde And if the chyef lorde do put such an heyre out of possessyoÌ„ malyeyously wherby he is dryuen to purchase a wrytte of mortdauncetor or of cosynage then he shall recouer his damages as in assyse of nouell dysseson Of heyres which hold of the king in chief this order shal be obserued that our soue â–ª raygne lord the kyng shal haue the fyrst season of theyr landes lyke as he was wont to haue before tyme nor the heyre nor any other shall entre into the inherytaunce before he hath receyued it out of the kynges handes as the same inherytaunce was wonte to be taken out of his handes and his auncetors And this must be vnderstandeÌ„ of landes fees the whiche were accustomed to be in the kynges handes by reason of knygh tes seruyce or serâ—auntye or ryght of patronage ¶ The .xvii. Chap. IT is prouyded that if lande holden in socage be in the kepynge of the frendes of the heyre because the heyre is within age the kepars shall make no waste nor sale nor any dystruccyon of the same inherytaunce but sauâ—ely shall kepe it to the vse of the sayde heyre so that when he comyth to his lawfull age they shall aunswere to hym of the issues of the sayde inherytaunce by a lawfull accounte sauynge to the same kepars theyr reasonable costes nor the sayd kepars shall nether gyue nor sell the maryage of such an heyre but to the aduauntage of the sayd heyre but the next frendes whiche had his wardshyp for all that tyme that wryttes of impledynge dyd not lye shall haue suche wardshyp vnto the aduauntage of they re as is sayd before without waste sale or dystruccyon makyng ¶ The .xviii. Chapiter NO eschetour or iquysitor or iustyce specyall assygned to take assyses or to here determyne matters from hensforth shall haue power to amerce for defaute of comon somons but the chyef iustyces or the iustyces â—rrant in theyr iourneys ¶ The .xix. Capittell FOr essoynes it is prouyded that in shyre courtes hundredes courte barons or in other courtes none shall nede to swere to warrante his essoyne ¶ The .xx. Chapiter NOne from hensforthe excepte our soueraygne lorde the kynge shall holde in his courte any plee of false iudgement gyuen in his courte by his tenauntes for such plees specyally belong to the crowne and dignyte of our soue raygne lorde the kyng â–ª ¶ The .xxi. cha IT is prouyded also that if the bestes of any man be taken and wroÌ„gfully witholden the sheryf after complaynt made to hym therupon may delyuer theÌ„ without let or gaynsayenge of hym that toke the bestes if they were taken without his lybertees and if the bestes were taken within any lybertees and the baylyffes of the lyberte wâ—l not delyuer them then the sheryf for defaute of those bayllyffes shall cause them to be delyuered ¶ The .xxii. Chapiter NOne froÌ„hensforth shall dystrayne his freholders to aâ—swer for theyr freholde nor for any thynge touchynge theyr frehold without the kyngê wrytte nor shall cause his freholders to swere agaynst theyr wylles for no man ought to do that without the kynges commauÌ„dement ¶ The .xxiii. Capitter IT is prouyded also that if bayllyffes which ought to make accouÌ„t to theyr lordes do withdrawe themselues and haue no landes nor tenementes wherby they maye be dystrayned then they shal be attached by theyr bodyes so that the sheryf in whose baylewyke they be found shal cause them to cum to make theyr accounte Also fermers durynge theyr termê shal not make waste sale nor dystruccyoÌ„ of houses woodes and men nor of any thynges belongyng to the tenementes that they haue to ferme with out specyall lycense had by wrytyng of
couenaunt makyng mencyon that they maye do it and if they do and therof be conuycte they shall yelde full damages and be amerced greuously ¶ The .xxiiii. Chapiter THe iustyces errant shall not fromhensforth amerce towneshypes in theyr circuytes because all beynge .xii. yeres olde came not afore the sheryffes coroners to make inquery of robberyes burnynges of houses other thynges pertaynyng to the corown so that there come suffycient out of those townes to make such inquestes fully except inquestes for the death of a man where â—â— all beyng .xii. yeres of age ought to appâ—ere oneles they haue reasonable cause of absence ¶ The .xxv. Chapiter MUrdre that chaunceth by mysfortune onely fromhensforthe shall not be inquered afore our iustyces but only for the murders of such as be slayne felonously and not otherwyse ¶ The .xxvi. Chapiter IT is prouyded that none beynge vouched to warrantye before our iustycâ—s in a plee of lande shal be amerced fromhensforthe because he was not present when he was called to warrantye except the fyrst daye of the comyng of the iustyces but if he were vouched within the shyre then the sheryf shal be commaunded to cause hym to com with in the .iii. or .iiii. daye accordynge to the dystaunce of the place as it was wonte to be done in the circuyte of the iustyces And if he dwell without the shyre then he shall haue reasonable somons of .xv. dayes at the least after the dyscrecyon of the iustyces and the comen lawe ¶ The .xxvii. Chapitre IF a clerke for any cryme or offence touchyng the crowne be arrested â— afterwarde by the kynges commaundement let to bayle or repleuyzed so that they to whome he was let to bayle shold haue hym before our iustyces The sure tyes fromhensforth nor they to whome he was let to bayle shall not be amerced if they haue his body before our iustyces although he wyl not nor caÌ„ not auÌ„swer before them by reason of clerkes pryuylege ¶ The .xxviii. Chapiter IT is prouyded that if any depredacyons or extorcions be done to abbottes or other prelates of the churche and they haue suyd theyr ryght for such extorcyoÌ„s and be preuented with death before iudgemeÌ„t gyuen therin theyr successours shall haue accyons to recouer the goodes of theyr churche out of the haÌ„des of such trespasers Moreouer the successours shall haue lyke accyon for such thynges as were lately withdraweÌ„ by suche vyolence from theyr house and churche before the death of theyr predecessours though the sayde predecessors dyd not pursue theyr ryght during theyr lyues And if any abate into the landes or tenementes of such relygyous men in tyme of vacacyoÌ„ of which landes theyr predecessours dyed sesyd as in the ryght of theyr church the successours shal haue a wrytte to recouer theyr season And damages shall be awarded them as in assyse of nouell dysseson is wont to be ¶ The .xxix. Chapiter IT is prouyded also that if suche alyenacyons wherupon a wrytte of entre was wont to be graunted hap to be made in so many degrees that by reason therof the same wrytte can not be made in the fourme before tymes vsed the playntyfes shall haue a wrytte to recouer theyr season without makyng meÌ„cion of the degrees In whose handes so euer the same thyng shal happen to com by such alyenacyon and that by an orygynall wrytte to be prouyded therfore by the counsell of our soueraygne lorde the kynge ¶ Here endeth the statute of Marlebrygge ¶ Here begynneth the fyrste statute of westmynster made the .iii. yere of kynge Edwarde the fyrste THese be the actes of kynge Edwarde sone to kynge Henry made at westmynster at his fyrst parlyament generall after his coronacion the mondaye of Easter vtas the .iii. yere of his raygne by the counsell assence of arche byshops byshops abbottes pryours erles barons and all the comynalte of the realme beyng thyther somoned because our soueraygne lord the kyng had great wyll and desyre to redresse thestate of the realme in such thynges as required ameÌ„ dement for the common profyte of holy churche and of the realme And because thestate of holy churche had ben euyll kepte the prelates and relygyous persones of the lande greuyd many wayes and the people otherwyse intreated then they ought to be and the peas les kept and the lawes â—es vsed and the offenders vnponyshed wherby the people of the realme feared the les to offend the kyng hath ordeyned and establyshed these actes vnderwrytten which he entendeth to be necessarye and profytable vnto the hole realme ¶ The fyrst Chapiter FIrste the kynge wylleth coÌ„mauÌ„deth that the peas of holy churche and of the lande be wel kept mayntenyd in all poyntes And that comon ryght be done to all aswell pore as ryche without respecte of persones And because that abbottes and relygyous men of the lande haue ben ouercharged and sore greuyd by the comyng of great men and other so that theyr goodes haue not ben suffycyent for themselues wherby they haue ben greatly hyndered and empoueryshed that they can not maynteyne themselues nor suche charyte as they haue ben accustomed to do It is prouyded that none shall come to eate or lodge in any house of relygion that is not of his owne foundacion at the costes of the house without he be requyred by the gouernour of the house before he came thyther And that none at his owne costes shall come in there to lye agaynst the wyll of them that be of the house and by this statute the kynge entendyth not that the grace of hospytaly te shuld be withdrawen froÌ„ such as nede nor that the fouÌ„ders or patrones of such monasteryes shold ouer charge or greue them by to often comyng It is prouyded also that none neyther hygher nor lower by colour of patent specyalte or other promyse nor by any other occasyon shall not hunte in any parke nor fyshe in any ponde or ryuer nor come to ete or to lodge in the house or maner of a preâ—are or any other religyous person agaynst the wyll of the lorde or his bayllyfe neyther at the costes of the lorde nor at his owne And if he come in or entre with the good wyll or agaynste the wyll of the lorde or bayllyffe he shall cause no dore locke nor wyndow nor no maner of place to be opened nor shal not fyshe hymselfe nor none other for hym nor shall take no maner of vytayll or other thynge by colour of byeng nor otherwyse and that none shall throsh corne nor take corne or any maner of vytayl nor other goodes of prelate maÌ„ of religyon or any other clerke or laye person by colour of byeng nor otherwyse agaynste the wyll and lycense of hym to whome the thyng belongeth nor of any wardeyn within a towne merchaunt or without And that none shal take horses oxen ploughes cartes shypps nor barges to make caryage without the assent of hym to whome such thynges belong And if
fraunchyse the kynge shall take the same fraunchyse to hymseife And if defaute be in the bayllyffe he shall haue one yeres imprysenmeÌ„t and after shal be greuously raunsomed And if he haue not wherof he shall haue imprysonment of two yeres And if the sheryf coroner or any other baylyf within such fraunchyse or without for reward or for prayer or for any maner of affynyte concele consent or procure to concele suche felonyes done in theyr lybertes or other wyse wyll not attache nor arreste suche felons there as they maye or otherwyse wyll not do theyr offyce for sauour borne to such mysdoers and be attaynted ther of they shall haue one yeres imprysonmeÌ„t and after make greuous fyne And if they haue not wherof to be rauÌ„somed then for to haue imprysonment of .iii. yeres ¶ The .x. Chapiter ANd for asmoch as meane persons vndyscrete nowe of late at comeÌ„ly chosen to the offyce of coroners where it is requysite that wyse men lawfull able shuld occupy such offyces It is prouyded that through all sâ—yres suffycyent men shal be chosen to be coroners of the most wyse and dyscrete knyghtes which knowe and may best attend vpon suche offyces and which lawfully shal attache and present plees of the corone And that sheryffes shall haue countrepanes with the crowners aswell of appealles as of inquestes of attachementes of other thynges which to that offyce do belonge And that no crowner demauÌ„d no thyng nor take no thynge of any man to do his offyce vpon payne of great forfayture to the kynge ¶ The .xi. Chapiter ANd for asmuch as many beyng in dyted of murdre culpable of the same by fauourable inquestes taken by the seryf and by the kynges wrytte of odio et alia be repleuysed vnto the comynge of the iustyces errauntes It is prouyded that from hensforth suche inquestes be taken by lawfull men and tryed by othe of whem two at the leaâ— shal be knyghtes whiche by no affynytâ— towchyng the prysoners nor otherwyse are to be suspected ¶ The .xii. Cha. IT is prouyded also that comen felons and whiche openly be of cuyll name and wyll not putte themselues in enquestes of felonyes that men shall attayne them before the iustyces at the kynges sute and shall haue stronge and harde imprysonment as they which refuse to be iustefyed by the comen lawe of the lande but this is not to be vnderstanden of suche prysoners as be taken vpon lyght suspeccyon ¶ The .xiii. Chap. ANd the king prohybyteth that none shall rauyshe nor take awaye by force any mayden within age nother by her owne consent nor without nor any lady or maydeÌ„ of full age nor any other woman agaynst her wyl and if any do at his sure that wyl sue within .xl. dayes the kynge shall do comen ryght and if none comence his sure within .xl. dayes the kyng shall sue And such as be found â—ulpable shall haue two yeres impryson ment and after shal be raunsomed at the kynges pleasure And if they haue not wherof they shall be ponyshed by 〈…〉 nger imprysonment accordyngly and as the â—espas requyreth ¶ The .xiiii. Chap. ANd for asmuche as it â—athe ben vsed in some countres to outlawe men beyng appealed of comaundement force ayde and tesceyt in as shorte tyme as he that is appealed for the dede is outlawed It is prouyded commauÌ„ded by the kyng that none be outlawed vpoÌ„ appealle of commaundement force ayde or resceyt vntyll he that is appealled of the dede be attaynted so that one lyke lawe be vsed therin thorough all the realme neuertheles he that wyll appealle shall not by reason of this intermytte or leue to comence his appeall at the neâ—te countye day against them no more then agaynste theyr pryncypalles whiche be appealled of the dede but theyr eâ—â—gent shall remayne vntyll such as be appealled of the dede be attaynted by outlarye or otherwyse ¶ The .xv. Chapiter ANd for asmuche as sheryffes and other which haue taken and kept in pryson persons indyted of felony and incontyneÌ„t haue let them out by pleuyn which were not repleuysable and haue kept in pryson suche as were repleuysae bic because they wolde wynne of the one partye and greue the other And for asmuch as before this tyme it was not dtermyned what persones were repleuysable and which not but onely for them that were taken for the death of a man or by commaundement of the kyng or of his tustyces or for the forest It is puyded and by the kyng commaunded that such prysoners as before were outlawed and they which haue abiured the realme prouors such as be taken with the manour such as haue broken the kynges pryson theues openly defamed knoweÌ„ such as be appelled by prouors so long as the prouours be alyue if they be not of good name such as be takeÌ„ for house burnyng felonously done or for false money or for couÌ„terfettyng the kyngê seale or persons excoÌ„municate takeÌ„ at the request of the byshop or for manyfest osfen dets or for treason touchyng the kyng shal be in no wyse repleuysable by wryt nor without wrytte But such as be indyted of bryborye by enqÌ„stes takeÌ„ afore she ryffes or bayllyffes by theyr offyce or for lyght suspeccioÌ„ or for pety brybory that amountyth not aboue the value of .xii. d. if they were not gylte of som other brybory afore tyme or gylte of receyte of theues or felons or of commandemeÌ„t or force or of ayde in felonye done or gylte of some other trespas for which one ought not to lese lyfe nor membre a man appealled by a ê“uour after the death of the prouour if he be no comen thefe nor defamed shall from hensforth be let out by suffycyent suretye wherof the sheryf wylbe aunswerable and that without gyueng awght of theyr goodes And if the sheryfe or any other let any go at large by suretye that is not repleuysable if he be sheryf or constable or any other bayllyf of fee whiche hath kepynge of prysons and therof be attaymed he shall lese his fee and bayleshyp for euer And if the vndersheryf constable or bayllyf of such as haue fee for kepyng of prysons do it contrarye to the wyll of his lorde or any other bayllyf beyng not of fee they shal haue .iii. yeres unprysonment be raun somed at the kynges pleasure And if any witholde prysoners repleuysable after that they haue offered suffycyent suretye he shall paye a greuous amereyment to the kynge And if he take any rewarde for the delyueraunce of suche he shall paye it double to the prysoner and also shall paye a greuous amereyment to the kynge ¶ The .xvi. Chapitre IN tyght of that dyuers persones take and cause to be taken the bestes of other chasynge them out of the shyre where the bestes were taken It is prouyded that none from hensforthe do so if any do he shal be greuously raunsomed as is conceyned in the stature
murage to enclose theyr townes and take suche murage otherwyse than it was graunted vnto them and therof be attaynted It is prouyded that they shall lese theyr graunt for euer more and shal be greuously amerced vnto the kynge ¶ The .xxxi. Chapiter OF suche as take vytayll or other thynges to the kynges vse vpon â—redence or to the garryson of a castell or otherwyse and when they haue receyued theyr payment in the eschequer gaâ— dâ—robe or otherwhere they witholde it from the creditors to theyr great damage sklaundre of the kyng It is prouyded for such as haue landes or tenementes that incontynent it shal be leuyed of theyr landes or of theyr goodes payed vnto the creditours with the damages that they haue sustayned shal be raunsomed for the trespas and if they haue no landes nor tenementes they shall be imprysoned at the kynges wyll And of such as take parte of the kynges dettes or other rewardes of the kynges creditours for the payment of such dettes It is prouyded that they shall pay the double therof and be greuously ponyshed at the kynges plesure And of such as take horse or cartes for the kynges caryage more thâ—n is nede and take rewardes to let suche horse or caâ—â—â—s to go It is prouyded that if any of the courte so do he shal be greuously ponyshed by the marshalles and if it be done out of the court or by one that is not of the court and be therof attaynâ—ed he shall pay treble damages and shall remayne in the hynges pryson xâ— dayes ¶ The .xxxii. Chap. â—T is proâ—yded that no sheâ—yf dâ—â— suffer aâ—y 〈…〉 tours or mayntâ—noâ—â—s of quarels theyr shyeâ—s neyther 〈…〉 of great lordes nor other ou◠〈…〉 be 〈…〉 for his lord to make 〈…〉 nor to 〈◊〉 iudgementes in the â—â—râ—â—s nor to pronounce the iudgemenâ—es iâ— be not spâ—cyally requyred â— prayed of all 〈…〉 and aâ—torneys of the 〈◊〉 which shal be at the courte and if anâ— do the 〈◊〉 shall ponyshe hym greuously for 〈…〉 and hymselfe ¶ The .xxxiii. Chapitre FOr asmuche as many haue often tymes â—oldâ— newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen bâ—twen the kynge his people or great men of this realme for the damage that hath maye therof ensue it is comaunded that from hensforth none be so hardy to tell or publyshe any false newes or saâ—es wherby discord or â—ccâ—syon or dyscord or sklaunder may gâ—â—wâ— betwen the kyng and his peopleâ— or the great mâ—n of the realme and he that 〈…〉 kept in pryson vntyll he be brought in â— the court which was fyrst auâ—â—or of the â—ale ¶ The .xxxiiii. Chapitre OF great men and theyr bayllyffes and other the kynges offycers excepted vnto whom specyall au 〈…〉 e is gyuen which at the coâ—â—â—â—ynce oâ—sâ—â—t or by theyr owne authoryte attache other passynge by the waye wiâ—h theyr goodes compellynge them to aunswere afore them vpoÌ„ coÌ„tractes couenauÌ„tes trespasses done out of theyr iurysdiccyon where in dede they hold naught of them nor within the fraunchyse where theyr power is in pretudyce or the kynge and his crowne and to the damage of the people It is prouyded that none from hensforth so do and if any â—o he shall pay to hym that by this occasyon shal be aâ—tached his damages double and shal be greuously amerced to the kynge ¶ The .xxxv. Chapiter FOrasmuch as before this tyme reasonable ayde to make a maÌ„nes son knyght or to mary his doughter was neuer put in certayne nor how much shuld be taken nor at what tyme wherby some leuyed outrageous ayde and more often then semed necessarye wherby the people wer so greued It is ê“uyded that from hensforth of an hole knyghtes fee there be taken but .xx. s. And of .xx. li. land holden in socage .xx. s. and of more more and of les lesse after the rate And that none shall leuye suche ayde to make his sonne knyght vntyll his sone be .xv. yeres of age nor to marye his doughter vntyl she be of the age of .vii. yeres And of that shal be made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it And if it happen that the father wheÌ„ he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shal be bound to the doughter for asmuche as the father receyued for the ayde And if the fathers goodes be not suffycyent his heyre shal be charged therwith vnto his doughter ¶ The .xxxvi. Chapitre IT is ê“uyded also and agreyd that if any maÌ„ be attaynted of dysseson done in the tyme of the kyng that nowe is with robborye of any maner of good or mouable by recognysaunce of the assyse of nouell dysseson the iudgement shal be such that the playntyf shall recouer seson of the lande with his damages aswel of the goodes and mouables afore sayd as of the frehold and the dyssessour shal be â—aunsomed which whyther he be present or not so it be presented shall fyrst be awarded to pryson And in lyke maner it shal be done of dysseson with force and armes although there be no robborye ¶ The .xxxvii. Chapiter FOr as much as certayne people of this realme doubte very lytle to gyue false verdyts or othes which they ought not to do wherby muche people are dysheryted and lese theyr ryght It is prouyded that the kynge of his offyce shall from hensforthe gyue attayntes in plees of lande or of freholde or of any thynge touchyng freholde when it shall seme to hym necessarye ¶ The .xxxviii. Chapitre ANd forasmuch as it is longe tyme passed syns the wryttes vndernamed were lymytted It is prouyded that in conuayeng a dysâ—eÌ„t in a wryt of ryght none shall presume to declare of the season of his auncetour further or beyonde the tyme of kynge Rycharde vncle of kynge Henry father to the kynge that nowe is and that a wrytte of nouell dysseson of purpartye which is called nuper obiit haue theyr lymytacyon syns the fyrste voyage of kynge Henry father to the kyng that now is into Gascoygne And that wryttes of mort dauncetour of cosynage of ayell of entre and of â—yâ— haue theyr lymâ—tacyon from the coronacyon of the same kynge Henry and not before but all wryttes purchased nowe by themselues or to be purchased betweÌ„ this and the feaste of sayncte Iohan for one yere complete shal be pleded from as longe tyme as heretofore they haue ben vsed to be pleded ¶ The .xxxix. Chapitre FOr asmuche as many folke are deâ—â—yed of theyr ryght by false vouchyng to waâ—raÌ„tye It is prouyded that in wryttes of possession fyrste of all in a wrytte of mortdaunceâ—our of cosynage â–ª of â—yell nuâ—er â—but of â—ntrusyon other lyke wrytâ—es wherby landes or â—enâ—mentes whiche ought â—o dyscend reuerâ—e remayne or falâ—e by the deathe or by the death of an auÌ„cetour or otherwyse that if the tenaunt vouch to warrantye
for the ryght of prelates men of relygion and other to whome landes nor tenementes can no wyse dyscende after others death whyther they be dyssesyes or dyssesours And if the partyes in pledyng come to the inquest and it passeth agaynste the heyre within age and namely agaynste the heyre of the dyssesye then â— such case he shal haue an attaynte of the kynges specyall grace ¶ The .xlvii. Chapitre IF a wardeyn or chyef lorde infeffe any man of lande that is thynherytaunce of a chylde within age and in his warde to the dysherytaunce of the heyre It is prouyded that the heyre shal forth with recouer by assyse of nouel dysseson agaynst his kepar and agaynst the tenant and the seson shal be delyuered by the iustyces if it be recouered to the next frende of the heyre to whome the inherytaunce can not dyscende for to improue to the vse of the heyre and to aunswere for the issues vnto the heyre when he shal come to full age and the kepar for his lyfe shall lese the custodye of the thynge recouered and all the inherytaunce that he holdeth by reason of the heyre and if another wardeyn then the chyef lord do it he shall lese the wardshyp of all to gyther and be greuously ponyshed by the kyng And if the enfauÌ„t be caryed away or dystourbed by the wardeyn or by the feffee or by other by reason wherof he can not sue his assyse then maye one of his next frendes that wyll sue for hym which shal be therto admytted ¶ The .xlviii. Chapitre IN a wrytte of dower called vnde nihil habet the wrytte shall not abate by the excepcion of the tenaunt because she hath receyued her dower of another man before the wrytte purchased onles that he can shew that she hath receyued parte of her dower of hymselfe and in the same towne before the wrytte purchased And for asmuch as the kyng hath ordeyned these thynges to the honour of god and holy church and for the remedy of suche as be greued he wolde not that any other tyme it shulde turne in preiudyce of hymself or of his crown but that such ryghtes as appertayne to hym shulde be saued in all poyntes And for asmuche as it is great charite to doo ryght vnto all men at all tymes when nede shal be by the assent of all the prelates it was prouyded that assyses of nouell dysseson mortdauncetour and darreyn presentment shulde be taken in aduente septuagesme and lente euen aswell as a man maye take inquestes and that at the specyall request of the kynge made to the byshops ¶ Here endyth the fyrst statute of westmynster ¶ The statute of Gloucestre made the .vii. yere of kyng Edwarde the fyrste ⸫ FOr the great myschyefes damages and dysherytauÌ„ces that the people of this our realme of Englande haue heretofore suffered through defaute of the law that fayled in dyuerse cases within our sayd realme Our soueraygne lorde the kyng for the amendemeÌ„t of the realme for the releuyng of the people and to eschewe suche myschyefes damages and dysherytaunces hath prouyded and establyshed these actes vnderwrytten wyllyng and commauÌ„dyng that fromhensforthe they be fyrmely obserued within this realme ¶ The fyrste Chapiter UUher as heretofore damages wee not awarded in assyses of nouell dysseson but onely agaynst the dyssesors It is prouyded that if the dyssesours do alyene the landes and haue not wherof there may be damages leuyed that they to whose handes such tenementes shall come shal be charged with the damages so that euery one of them shal be charged with the damages for his tyme. It is prouyded also that the dyssesye shall recouer damages in a wrytte of entre grounded vpon dysseson agaynste hym that is founde tenaunt after the dyssesour It is prouyded also that where before this tyme damages were not awarded in a plee of mortdauncetour but in case where laÌ„des wer recouered agaynst chyef lordes that fromhensforth damages shal be awarded in all cases where a man recouereth by assyse of mortdaunce tour as before is sayd in assyse of nouell dysseson and lykewyse damages shal be recouered in wryttes of cosynage ayel besayell and where as before tyme damages were not taxed but to the value of the issues of the lande It is prouyded that the demaundant shall recouer agaynst the tenaunt his costes from the day of his wrytte purchased with the damages aboue sayde And this acte shall holde place in all cases where the party is to recouer damages And fromhensforth the partye shal be compelled to pay damages where the lande is recouered agaynst hym for his owne intrusyon or other vnlawfull acte ¶ The .ii. Cha. IF a chyloe within age be holdeÌ„ froÌ„ his inherytaunce afte the deathe of his father graundfather or great graundfather wherby he is dryuen to his wrytte and his aduersarye comyng into the court and for his aunswere alledgyth fesfemeÌ„t or pledyth some other thynge wherby the iustyces awarde an inquest wheras before the inqueste was deâ—erred vnto the full age of thynfant nowe the inquest shall passe aswell as if he were of full age ¶ The .iii. Chapitre IT is establyshed also that if a man alyene any land that he holdeth by the lawe of Englande his sonne shall not be barred by the dede of his father from whome no herytage to hym dyscended to demaunde and recouer by wrytte of mort dauncetour of the season of his mother although it be meÌ„cyoned in the dede that his father dyd bynde hym and his heyres to warrauÌ„tye And if the inheritauÌ„ce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritauÌ„ce to hym dyscended And if in such case after the death of his father the inherytaunce dyscende to hym by the same father then shall the heyre recouer agaynst hym of the season of his mother by a iudycyal wrytte that shall issue out of the rolles of the iustyces before whom the plee was pleded to resomon his warrauntye as before hath be done in lyke cases where the heyre of the warrauntour cometh into the court sayeng that naught dysceÌ„ded from hym vpon whose dede he is vouched And in lyke maner the issue of the sonne shall recouer by wrytte of cosynage ayell and besayell Lykewyse and in lyke maner the heyre of the wyfe shall not be barred after the death of his father and his mother for to demaunde by accyon the inherytaunce of his mother by wrytte of entre which his father dyd alyene in the tyme of his mother wherof no fyne is leuyed in the kynges court ¶ The .iiii. Chapitre ALso if à man let his lande to ferme or to fynde estouers in meate or in clothe amountyng to the very value of the .iiii. parte of the lande and he that holdeth the lande so charged lettys it lye freshe so that the partye can fynde no dystres there by the space of .ii. or .iii. yeres to compell the fermour to payment
or to do as is contayned in the wrytyng or leasse It is establyshed that after the two yeres passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye And if he agaynst whom the lande is demaunded come before iudgement and paye the atretages and the damages fynde sutetye such as the courte shall thynke suffy â–ª cyent to paye fromhensforth as is contayned in the wryttynge of his lesse he shall kept the lande And if he tarye vntyl it be recouered by iudgement he shal be barred for euer after ¶ The .v. Chapiter IT is prouyded also that a man froÌ„hensforthe shall haue a wrytte of waste in the chauÌ„cery agaynst hym that boldeth by the lawe of Englande or otherwyse for terme of lyfe or of yeres or a woman that holdeth in dower And who that is attaynted of waste shall lese the thynge wasted and moreouer shall recompence thryse so much as the waste shal be tared at for waste made in the tyme of wardshyp shal be done as is contayned in the great chartour the seconde chapitre that is to saye that he which dyd waste durynge the wardshyp sholde lese the warde it is agreyd that he shall recompence the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde ¶ The .vi. Chapiter IT is prouyded also that if a man dye hauyng many heyres of whoÌ„ one is son or doughter brother or suster nephew or nece and the other be of a further degre all the heyres shall recouer fromhensforth by a wrytte of mortdauncetour ¶ The .vii. Chapiter ALso if a woman sell or gyue in fee or for terme of lyfe suche lande as she holdeth i dower It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche woman shal immedyatly recouer by a wryt of entre in the chauncery ¶ The .viii. Chapiter IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do and that none froÌ„ hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. â— at the least And if he complayne of betyng he shall swere by his fayth that his playnâ— is true of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not so that if they be attaynted in the absence of the partye the sheryffe shal be commaunded to take them and shall haue lyke payne as the partyes shulde haue had if they had ben present at the iudgemâ—nt gyuen And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shal be gyuen them vnto the comyng of the iustyces errauntes and the defendauntes in the meane tyme shal be in peace in suche plees and other where as attachemeÌ„tes and dystresses do lye And if the defendaÌ„t â—ssoyâ—e hymselfe of the kynges seruyce and do not brynge his warraunte in at the day gyuen hym by the essoyne It is prouyded that he shall recompence the playntyf damages for his iourney .xx. â— or more after the discrecyon of the iustyces and at the leaste shal be greuously amerced vnto the kynge ¶ The .ix. Chapiter IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to inquere whyther he were stayne by mysfortune or in his defence or otherwyse without felonye And if he be in pryson before the comyng of the iustyces errauÌ„tes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundeÌ„ by the countre that he dyd it in his defeÌ„ce or by mysfortune then the iustyces shall do the kynge to wyte therof and the kynge shall take hym in his grace if it please hym It is prouyded also that no appeal shal be abated so sone as they haue ben but if the appellour declare the dede the yere the daye the howre the tyme of the kyng the towne where the dede was done of whose arme he was slayne the appeal shall stand in effect and shall not be abated for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done ¶ The .x. Chapiter UUhere as it is contayned in the statute of the kynge that nowe is that two parcenexs or two that holde in comen maye not forche by essoyne after that they haue one tyme appeared in that courte it is prouyded that the same be obserued aepte there where a man and his wyfe be impleded in the kynges court ¶ The .xi. Chapitre IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy oÌ„ and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demauÌ„dant optayneth the cause so that the termour may recouer by wryt of couenaunt the mayer and the bayllyffes maye inquere by good vye we in the presence of the termour and of the demaundant whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme and if it be founde by the inquest that the demaundant moued his plee vpoÌ„ good ryght that he had the iudgement shal be gyuen forth with and if it be founde by inquest that he impleded hym by fraude to make the termour lese his terme then shall the termour entdye his terme and the execucyon of iudgement for the demaundant shal be suspended vntyll the terme be expyred And in lyke maner it shall be of equyte before iustyces in such case if the termour do challenge it afore the iudgement gyuen ¶ The .xii. Chapitre IT is prouyded also that if a man be impleded for lande in the same cyte and doyth vouche a foreyne to warrauntye he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they surceasse in the matter that is before them by wrytte vntyll the matter of warrauÌ„tye be determyned before the iustyces of the benche And when the warrauntye shal be on s determyned before the iustyces of the benche then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee and a wrytte shal be awarded for the demauÌ„daÌ„t by the iustyces vnto the mayer and sheryfes that they passe further vpoÌ„ the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o â–ª the
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
the same countye absent hymselfe vntyll the great dystres be awarded the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse within whiche .ii. shyrecourtes maye be holden and the sheryf shal be coÌ„maunded to dystrayne the mean by the great dystres lyke as it is contayned in the wrytte and neuertheles the sheryf at two ful shyrecourtes shal cause to be proclaymed solempnly that the mean doo come at a daye contayned in the wrytte for to aunswer his tenant at which day if he come the plee shall passe betwene them after the comen vsage and if he do not come the mean shal lese the seruyces of his tenant and after that the tenant shall not aunswere hym in any thynge but the menaltye beyng gone he shall aunswere vnto the chyef lorde for suche seruyces and customes as the mean vsed to do before that tyme nor the chyef lord shall haue no power to dystrayne so long as the aforesayd tenant dothe offer hym the seruyces and customes due And if the chyef lorde exacte more of hym then the mean was wont to do the tenant in such case hall haue agaynst hym all such excepcyons as the mean shulde And if the mean haue nothyng within the kynges domynyon neuertheles the tenant shall purchase his wrytte of mean of the sheryf of the same shyre where he is dystrayned And if the sheryf retourne that he hath nothynge wherby he may be somoned then shall the renant sue his wrytte of attachmeÌ„t And if the sheryf returne that he hath nothyng for to be attached by he shall sue neuertheles his wrytte of great dystres and proclamacion shal be made in fourme abouesayd And if the meane haue no lande in the shyre where the dystres is taken but hathe lande in some other shyre then a wrytte oryginal shall issue to somone the mean before the sheryf of the same shyre where the distres is taken and when it is testefyed by the sheryf that he hath nothyng in his shyre a wrytte iudyâ—y all shall issue to someone the meane before the sheryf of the same shyre where it was testefyed that he had lande and sute shal be made in the same shyre vntyll they haue passed vnto the great dystres proclamacyon as aboue is sayd where the mean hath laud in the same shyre in which the dystres is taken And neuertheles sule shal be made in the same shyre where he hath nothynge â–ª as aboue is sayd of the mean that hath nothynge vntyll the processe come to the great dystres and proclamacyon after proclamacyon made in bothe countyes the mean shal be for iudged of his fee and seruyce And where it happeneth many tymes that the tenant in demeane is infected to holde by lesse seruyce then the meane ought to do vnto the chyef lorde when after such proclamacion the tenaÌ„t hath attorned vnto the chyef lorde and the meane putte out the tenant muste of necessyte aunswere vnto the chyef lorde for all suche seruyces and customes as the meane was wont to do to hym And after that the meane is come into the courte and hath confessed that he ought to acquyte his tenaunt or he is compelled by iudgemeÌ„t to acquyte if after such confession or iudgement it is complayned that the meane doyth not acquyte his tenaunt then shall issue a wrytte iudycyall that the sheryf shall dystrayne the mean to acquyte the tenaunt and to be at a certayne daye before the iustyces for to shewe why he hathe not acquyted hym before and when they haue proceded vnto the great dystres the playntyf shall be harde and if the playntyfe can proue that he hathe not acquyted hym be shall yelde damages and by awarde of the courte the tenaunt shall go quyte from the meane and shall atturne vnto the chyef lorde And if he come not at the fyrste dystres a wrytte shall go forth to dystrayne hym agayne and proclamacyon shal be made and as sone as it is testefyed they shall procede to iudgement as before is sayd And it is to be vnderstanden that by this â—statute tenantes are not forebarted but they shall haue warrauntye of the meanes and theyr heyres if they be unpleded as they haue had before nor also the tenauntes be not forebarred but that they maye sue agaynste theyr meanes as they vsed heretofore if they see that theyr aduauntage may be more by the olde custome then by this estatute And it is to wyte that by this estatute no remedye is prouyded to any meanes but onely in case when there is but one mean betwen the lorde that dystrayneth and the tenant And but in such case onely where the mean is of full age and but in such case where the tenant may astorne vnto the chyef lorde without preiudyce of another then of his mean which is spoken for women holdyng in dower and tenantes by the curtezye or otherwyse for terme of lyfe or in fee taylle vnto whome for certayn causes remedye is not yet prouyded but god wyllynge there shal be ¶ The. x Chapitre UUhere as in the circuyte of the iustyces it was proclaymed that all such as wolde delyuer wryttes shuld delyuer them within a certayne tyme after which no wrytte shulde be receyued many trustyng vpon the same and taryeng vntyll the sayd tyme and no wrytte setued vpon them departed by lycense of the iustyces after whose departure theyr aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf they that thought to haue departed quyte lese theyr landes For the remedye of suche fraude from hensforth the kynge hath ordayned that the iustyces in theyr cyrcuytes shall appoyute a tyme of .xv. dayes or of a monethe or a tyme more or lesse after as the countye shall happeÌ„ to be more or lesse within which tyme it shal be openly proclaymed that all suche as wyll delyuer theyr wryttes shall delyuer them before the same terme And when the tyme comyth the sheryf shall certefye the chapitres before the iustyces errauÌ„t how many wryttes he hath and what and that no wrytte be receyued after the same tyme and if it be receyued the processe issuynge therupon shal be of none effecte but onely that a wrytte abated any tyme duryng the circuyte shal be amended Also wryttes of dower of men that dyed within the somons of the circuyte assyses of darreyn presentment Quare impedit of churches vacant after the foresayd somons at any tyme before the departure of the iustyces shal be receyued in the circuyte also wryttes of nouell dysseson shal be receyued in the circuyte of iustyces The kynge of his specyall grace graunteth that such as haue lande in dyuers shyres where the iustyces make theyr circuyte and that haue lande in shyres where the iustyces haue no circuyte that feare to be impleded are impleded of other landes in shyres where they haue no circuyte as before the iustyces
yere after the same yerâ— And so euery lorde after the neâ—t lorde immedyate shall haue the space of halfe a yere for to demaunde it successyuely vntyll it come to the kynge for whome at length by defaute of the lordes the lande shall be inquered to challenge the iurrors euery of the chyef lordes shal be admitted And lyke wyse for the kyng they that wyll challenge and after the iudgement gyuen the lande shall remayne in the kynges handes vntyll the lande be gotten by the demaundant or som other chyef lorde the sheryf shal be charged to aunswere therfore at the eschequer ¶ The .xxxiii. Chapiter FOr asmuche as many tenauntes sette vp crosses or cause to be sette vp in theyr handes in preiudyce of theyr lordes so that the tenauntes shulde defende themselues agaynste theyr lordes by the pryuylege of templars and hospytelers It is ordeyned that suche landes shal be inquered vpon for the kynge and the chyef lordes in lyke maner as is prouyded for landes alyened in mortmayne ¶ The .xxxiiii. cha pytre IT is prouyded that if any man froÌ„hensforth do rauyshe any woman maryed mayde or other where she dyd not consente nether before nor after he shall haue iudgement of lyfe and membre And lyke wyse where a man rauyssheth a womaÌ„ maryed ladye damoysell or other with force although she coÌ„sent afterward he shall haue such iudgemeÌ„t as before is sayde if he be attaynte at the kynges sute for the kynge shall haue the sute and for wymmen caryed awry with the goodes of theyr husbandes the kynge shall haue the sute for the goodes taken away and if the wyfe wylfully forsake her husbande and go away and coÌ„tynue with her aduouter she shall be barred for euer of accyon to demaund her dower that she ought to haue of her husbaÌ„des landes if it be proued agaynst her eâ—cept that her husbande wyllyngly and without cohercyon of the churche reconcyle her and suffer her to dwel with hym in which case she shal be restored to her accyon he that caryeth awaye a nonâ—e from her house although she consent he shal be pâ—nished by thre yeres imprysonment and shall make conuenyent satysfaccyon to the house from whens she was taken and neuertheles shal be raunsomed at the kynges wyll ¶ The .xxxv. Chapitre COncernyng chyldren malys or femalys whose mariage belongeth to another taken and caryed awaye if the taker haue no ryght in the maryage though afterwarde he restore the chylde vnmaryed or els paye the maryage he shall neuertheles be ponyshed by two yeres imprysonment and if he do not restore or do marye the chylde after the yeres of consent and be not able to satysfye for the maryage he shall abiure the realme or haue perpetual imprysonmeÌ„t therupon the playntyf shall haue such a wrytte St A. fecerit â—esecurum de clamore suo c. tunc pone per vadium c. B. quod sit coraÌ„ iusticiariis nostris c. ostensur quare talem heiedem infra eta tem existeâ— cuius maritagium ad ipsum pertinent tall loco inuenit rapuiâ— et abduxit contra voluntatem ipsius A. et coÌ„tra pacem nostram â–ª c. And if the heyre be in the same countre then this clause muste be added Et diligenter inquiras vbi ille heres sit in balliua tua Et ipsum vbicunque inuenius fuerit capias et saluo et secure custodias ita quod cum habeas coraÌ„ preâ—atis iusticiatus nostris ad prefaâ—um terminum ad reddendum cui predictorum A. et B. reddi debeat And sute shal be made agaynste the partye defendant vntyll he come in by dys tresse if he haue wherof he may be dystrayned And if he wyll not be iustefyed he shal be outlawed for his contumacye And if the heyre â—e maryed or caryed in another countye then a wrytte shall be directed â—o th sheryt of the same shyre in this fourme Questus est nobis A. quod B. nuper talem heredem infra et atem et in custodia sua existenÌ„ tali loco in comitatu tali rapuit et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem c. Et ideo tibi precipimus quod predictum heredem vbicunque cum in balliua tua inuenire poteris capias et saluo et secure eum custodias ita quod cum habeas coraÌ„ iusticiarus nostris c. tali die quâ—m idem A. habet versus predictum B. ad reddendum cui de iure reddi debeat And if the heyre happen to dye before he be restored or afore he can be founde the plee shall passe betwene them neuertheles vntyll it be tryed who ought to haue had it if it had ben lyuenge And the rauyshour shall neyther be eased nor excused of the ponyshement aforesayde by the death of the heyre whome he dyd witholde by wronge durynge his lyfe And if the playntyfe dye before the plee tryed if the ryght belonge to hym by reason of his propre fee the plee shal be resomoned at the sute of the heyre of the playntyfe and the plee shall passe in due ordre but if the ryght belonged to hym by another tytle as by a tytle of gyfte sale or other lyke then the ple shall be resomoned at the sute of the executours of the playntyf and the plee shall passe as before is sayd In lyke maner if the defendaunt dye before the plee be tryed or the heyre be restored the plee shall passe by resomons betwene the playntyf his heyres or executours and the executours of the defendaunt or his heyre if the executours be not suffycyent to satysfye for the value of the maryage after as it is contayned in other statutes but not as to the payne of imprysonmeÌ„t for none ought to be ponyshed for the offense of another In lyke maner when a plee hangeth betwene partyes for the warde of lande or of an heyre by the comon wrytte that begynneth Precipetall c. quod reddat c. resomons shal be made betwene the heyres and executors of the playntyf â–ª and lykewyse the heyres or executours of the defendaunt if death preuente any of the partyes afore the plee be determyned and when they haue passed vnto the great dystres a daye shal be gyueÌ„ within which .iii. shyre courtes may be holden at the leste in euery of whiche open proclamacyon shal be made that the deforceour shall come into the benche at a daye coÌ„tayned in the wrytte to aunswere the playntyf at which daye if he come not and the proclamacyon be so testefyed ones twyse or thryse the iugemeÌ„t shal passe for the playntyf sauyng the ryght of the defendant if afterwarde he wyll clayme it In lyke maner it shal be done in a wrytte of trespas when any complayneth hymselfe to be putte from such wardshypes ¶ The .xxxvi. cha FOr asmuche as lordes of courtes and other that kepe courtes and stewardes
intendynge to greue thâ—yr tenauntes where they haue no lawfull meane so to do procure other to moue matters agaynste them and to putte in suretye other pledges or to purchase wryttes and at the sute of suche playntyfes compell them to sue at shyrecourtes hundredes wapeÌ„takes other lyke vntyll they haue fayned with them at theyr wyll It is ordayned that it shall not be so vsed hereafter And if any be attached vpon suche false complayntes he shall repleuye his dystres so taken and shal cause the matter to be brought afore iustyces before whome if the sheryf bayllyf or other lorde after that the partye dystrayned had so formed his playnte wyll anowe the dystresse lawfully taken by reason of such complayntes made vnto them it be replyed that such playntes were moued malycyously agaynste the partye by the meanes or procuryng of the sheryf bayllyf or lorde the replycacyon shal be admytted and if they be coÌ„nycte hereupon they shal be raunsomed vnto the kynge and shall neuertheles restore treble damages to the partyes greued ¶ The .xxxvii. Chapitre FOr asmuche also as bayllyfes to whose offyce it belongeth to take dystresses intendynge to greue theyr tenantes and to exacte money of them do sende straungyers to take dystresses to the entent that thy wolde greue the tenantes in so much as the partyes so dystrayned not knowyng such persons wyl not suffer the dystresses to be taken It is prouyded that no dystresse shall be taken but by bayllyfes sworne and knoweÌ„ And if they take dystresses otherwyse therupon be conuycte if the partyes greued wyll purchase theyr wryttes of trespas they shal be restored vnto theyr damages and greuously ponyshed towardes the kynge ¶ The .xxxviii. chapitre FOr asmuch also as sheryfes hundredars and bayllyfes of lybertes haue vsâ—d to greue theyr tenauntes puttynge in assyses and iuryes men lyeke decrepâ—te and men hauynge contynuall or soâ—ayne dyscase men also that dwelled not in the countre at the tyme of the somons and somon also a great multytude of iurrors for to polle money from some of them because they wolde be in peas and so the assyses and iuryes passe many tymes by pore men and the ryche men abyde at home by reason of theyr brybes It is ordeyned that from hensforth in one assyse no mo shal be somoned then .xxiiii. And olde men aboue .lxx. yeres beyng contynually sycke or beynge sycke at the tyme of the somons or not dwellyng in the countre shall not be put in iuryes or pety assyses nor also shal be put in assyses and iuryes though some ought to be taken in theyr owne shyre that may dispend â—esse then .xx. â— yerely And if suche assyses and iuryes be taken out of the shyre â–ª none shall passe in them but that may dyspend .xl. â— yerely at the lest â–ª except such as be wytnesses in dedes or other wrytynges whose presence is necessarye so they be able to trauayll And this statute shall not extende to great assyses in whiche it behoueth many tymes knyghies to passe not resydeÌ„t in the countre for the scarsyte of knyghtes so that they haue lande in the shyres And if the sheryf or his vnderbayllyfes or bayllyfes of lybertees offende in any poynte of this statute and therupon be conuyete damages shal be awarded to the partyes greued and shall neuerthelesse be amerced to the kyng And iustyces assygned to take assyses when they come into the shyâ—e shall haue power to here all playnâ—es as to the artycles conteyned in this statute and to mynistre iustyce in fourme aforesayd ¶ The .xxxix. Chapitre FOr asmuche as iustyces to whose offyce it belongeth to minystre iustyce to all that sue before them are many tymes dystourbed in due execucyon of theyr offyce for that sheryfes do not retourne wryttes oryginall and iudicial and for that they make false retournes vnto the kynges wryttes Our soueraygne lorde the kynge hathe prouyded and ordeyned that such as do feare the falshod of sheryfes shall delyuer theyr wryttes orygynall and indicyall in the open couÌ„tye or agayn in the shyre where as the gatherynge of the kynges money is and may take of the sheryf or vndersheryf beyng present a byll wherin the names of the demaundantes and tenauntes mencyoned in the wrytte shall be conteyned the requeste of hym that delyuered the wrytte the seale of the sheryf or vndersheryf shal be put to the byll for a testymonye and mencyon shall be made of the daye of the delyueraunce of the wrytte and if the sheryf or vndersheryf wyll not putte his seale to the byll the wytnes of knyghtes and other credyble persones beyng in presence shal be taken that haue put theyr seales to such byll and if the sheryf wyll not retourne wryttes delyuered vnto hym and a complaynt therof be made vnto the iustyces a wrytte of iudgement shall go vnto the iustyces assygned to take assyses that they inquere by such as were present at the delyuerauÌ„ce of the wrytte to the sheryf if they knewe of the delyueraunce and the inqueste shal be retourned and if it be founde by the inquest that the wryt was delyuered to hym damages shal be awarded to the playntyf or demaundant hauyng respecte to the qualyâ—e and quaÌ„tyte of the accyoÌ„ and to the harme that myght haue come to hym by reason of the delay that he sustayned and by this meane there is remedye when the sheryf retorneth that the wrytte came to late wherby he coude not execute the kynges commaundement Oftentymes also plees be delayd wheÌ„ the sheryf retorneth that he hath commaunded the bayllyfes of som lyberte that dyd nothyng therin doyth name lybertes that neuer had the retourne of wryttes wherupoÌ„ out soueraygne lorde the kynge hath ordeyned that the treasourer and barons of the eschequer shall delyuer in a rolle all the lybertes of euery shyre that haue retourne of wryttes and if the sheryfe aunswere that he hath made retourne to a bayllyf of another lyberte then is contayned in the sayd rolle the sheryf shal be forthwith ponyshed as a dysherytour of the kynge and his crowne and if peraduenture he retourne that he hath delyuered the wrytte to a bayllyf of some lyberte that in dede hath retourne the sheryf shal be commauÌ„ded that he shall not spare for no lyberte but to execute the kynges precept that he do the baylyfes to wyte to whome he retourned the wrytte that they be redy at a day conteyned in the wrytte to aunswere why they dyd not execute the kynges precept And if they come at the day and acquyte theÌ„selues that no retourne was made to them the sheryf shal be forth with condeyned to the lorde of the same lyberte and lykewyse to the partye greued by the delaye for to rendre damages And if the bayllyfes come not in at the day â–ª or do not acquyte themselues in maner aforesayd in euery iudycyall wrytte so longe as the plee hangeth the sheryf shal be commaundeth to
spare for no lyberte c. Many tymes also sheryses make false retourne vpon the poynte of issues c. retournyng sometyme lyeng that there be no issues sometyme that there are small issues when they may retourne great and sometyme doo make mencyon of no issues â–ª wherfore it is ordeyned and agreyd â–ª that if the playntyf dâ—mauÌ„dâ— heryng of the sheryfes retourne â—â— shalb 〈…〉 hym And if he offce to auâ—â—â—â—â—hat the sheryf myght haue retourned gâ—â—â—â—er issues vnto the kynge he shall â—â—â—â— a wrâ—tte iudicyall vnto the iusticies assygned to take assyses that they shall inquere in presence of the sheryf if they wylbe there of what how great issues the sheryf myght haue made retourne from the daye of the wrytte purchased vnto the daye contayned in the wrytte And when the inqueste is retourned if he haue not afore aunswered for the hole he shal be charged with the ouer plus by the extreâ—es of the iustyces dely uered in the eschequer and neuertheles shal be greuously amerced for the concelement And let the sheryf knowe that rentes corne in the graunge and all mouables except horse haâ—neys and houshold stuffe be conteyned within the name of issues And the kynge hath commaunded that sheryfes shal be ponyshed by the iustyces ones or twyse if nede be for such false retournes And if they offende the. iâ— tyme none shall haue to do therwith but the kyng they make also many tymê false aunsweres retournynge that they coude not execute the kynges precept for feare of som great man wherfore let the sheryfes beware froÌ„hensforth for such maner of aunsweres sounde muche to the shame of the kynge of his crowne And as sone as his vnderbayllyfes do testefye that they founde suche resystence forthwith all thynges sette a part takyng with hym the power of the shyre he shall go in propre persone to do execucyon and if he do fynde his vnderbayllyfes false he shall ponyshe them by imprysonment so that other by theyr example myght be reformed and if he do fynde them true he shall ponyshe the resysters by imprysonment from whens they shall not be delyuered without the kynges specyall commaundement and if the sheryf when he cometh do fynde resystence he shall certefye to the court the names of the resysters ayders consenters commaunders and fauoures and by a wrytte indiâ—yall they shal be attached by the bodyes to apiere in the kynges courte and if they be conuyâ—te vpon suche resystence they shal be ponyshed at the kynges pleasure nor any offycer of the kynges shall medle in assygnyng the ponyshement for the kynge hathe reserued it specyally for hymselfe because that resysters are had as dystourbours of his peace and realme ¶ The .xl. Chapiter UUhere any wyth alyene the ryght of his wyfe it is agreyd that from hensforth the sute of the wyfe or her heyre after the death of her husbande shall not be delayed by the nonage of the heyre that ought to warrantyze lut let the purchaser tarye whiche ought not to haue ben ignoraunt that he bought the ryght of another vntyll the age of his warrauntour to haue his warrauntye ¶ The .xli. Chapitre OUr soueraygne lord the kyng hath ordeyned that if abbottes pryours kepars of hospytalles and other relygyous houses founded by hym or by his progenytours do fromhensforth alyene landes gyuen to theyr houses by hym or by his progenitours the lande shal be taken into the kynges handes and holden at his wyll and the purchaser shall lese his recouerye aswell of the landes as of the money that he payed And if the house were founded by an erle baron or of a meaner persone for the landes so alyened he from whome or from whose auncetour the lande so alyened was gyuen shall haue suche a wrytte to recouer the landes in demean Precipe tali abbati quod iuste c. reddat B. tale tenementum quod eidem domui collatum fuit in liberam elemosinam per predictum B. vel antecessores suos et quod ad predictum B. reuerti debet per alienacionem quam predictus abbas fecit de predicto tenemento contra formam collaciouis predicte vt dicit In lyke maner for landes gyuen to maynteyne a chaunterye or a lyght in a churche or chapell or other almes to be maynteyned if the lande so gyuen be alyened if the lande so gyuen for a chauntery lyghte sustenaÌ„ce of pore people or other almes to be maynteyned or done be not alyened but suche almes is withdrawen by the space of two yeres an accyon shall lye for the donour of his heyre to demaunde the lande so gyuen in dâ—mâ—an as it is ordayned in the statute of Gloucestre for landes lessed to do or to yelde the .iiii. parâ—e of the value of the lande or more ¶ The .xlii. Chapitre COncernynge the kynges marshalles of fee chauÌ„berlaynes porters in the circuyte of iustices and seriauntes bearynge the vâ—erge before iustyces at westmynster that haue the same offyce by fee and that are more by reason of theyr fee then they haue vsed to are wherfore many do complayne on them that haue knowen and seen the ordre of the courte of longe tyme our soueraygne lorde the kyng hath caused it to be inquered what the sayd officers of fee haue vsed to haue in tymes passed by an inquest and hathe ordeyned comauÌ„deth that the marshal of fee which of due aryth a palfroy of erles barons and other holdyng by a part of a baronye when they haue made homage and another palfroye also when they are made knyghtes of some that ought not to gyue any they are a palfroye hath ordeyned that the sayd marshal of euery erle baron holdyng by an entyer baronye shal be coÌ„tented with one palfroy or with the pryce of it such as he hathe vseth to haue of olde so that if he toke a palfroye or the pryce of one at the doynge of his homage in fourme aforesaid he shal take nothing wheÌ„ he is made knyght if he toke nothyng at the doyng of his homage wheÌ„ he is made knyght he shall take Of abbottes priours holdyng an hole barony wheÌ„ they do homage or fealte for theyr baronyes he shall take one palfroye or the pryce as afore is said this shal also be obserued agaynst archbyshops byshops of such as holde but a part of a baronye whyther they be religyous or secular he shall take accordyng to the porcion of the baronye that they hold of religious men that hold i free almes and not by a baronye nor part of a baronnye the marshall from hensforth shall demaunde nothyng And our soueraygne lorde the kynge hath graunted that by this estatute the marshall of fee shall not be barred hereafter to demauÌ„de more if he can shewe that he hath ryght vnto more The kinges chamberlaynes froÌ„ hensforth shall haue of archebyshops byshops abbottes pryours and other persones spirituall of erles and barons holdyng an intyer baronnye a
any do clayme commune of pasture by specyall feffement or graunte for a certayne noumbre of beastes or otherwyse that is due by the comen lawe where as couenaunte barreth the lawe he shall haue suche recouere as ought to be had by fourme of the grauÌ„te made vnto hym by occasyon of a mylle wyndmyll berkarye deyerye inlargyng of a courte or curtylage fromhensforth no man shal be greued by assyse of nouell dysseson for commune of pasture And where sometyme it chaunceth that one hauyng ryght to approwe doyth leuye a dyke or an hedge and somtyme by nyght or at another season that they suppose not to be espyed do ouerthrowe the hedge or dyke and it can not be knoweÌ„ by verdytte of the assyse or iurye who dyd ouerthrowe the hedge or dyke And men of the townes nere wyl not indyte such as be gylte therof the townes nere and adioynyng shal be dystrayned to leuye the hedge or dyke at theyr owne custe and to yelde damages And where one hauyng no ryght to commune vsurpyth coÌ„mune what tyme the heyre is within age or what tyme a woman is couert or the pasture be in the handes of tenantes in dower by the curtesye or otherwyse for terme of lyfe or yeres or in fee tayle and the pasture be longe vsed many holde opynion that such pastures ought to be called appurtenant vnto frehold and that the owner ought to haue accyon by a wrytâ—e of nouel dysseson if he be deforced of such pasture but fromhensforth this ordre shal be kept that such as haue entred within the tyme that an assyse of mortdauncetour lyeth if they had no coÌ„mune before a wryt of nouel disseson shal not lye for them if they be deforced ¶ The .xlvii. Chap. IT is prouyded that the waters of Humbre Owse Trente Done Arte Derewent Wherf Nydryore Swale Tese Tyn Eden and all other waters wherin salmons be taken shal be defended for takyng salmoÌ„s from the natyuyte of our lady vnto sayncte Martynes daye And lykewyse that yonge salmons shall not be taken nor dystroyed by nettes nor by other engyns at myllpolys from the myddes of Aprell vnto the natyuyte of sayncte Iohan Baptyste and in places where as freshe waters be there shal be assygned ouerscars of this statute which beyng sworne shal oftentymes see and inquere of the offendours for the fyrste trespas they shall be ponyshed by burnyng of theyr nettes And for the secounde they shall haue imprysonment for a quarter of a yere And for the thyrd trespas they shal be imprysoned an hole yere and as the trespas increasyth so shall the ponyshement ¶ The .xlviii. Chapitre FOr vyewe of lande it is ordeyned and prouyded that fromhensforth vyewe shall not be graunted but in case where the vyewe is necessarye as if one lese lande by defaute and the lesar moueth a wrytte to demaunde the same lande and in case where one by an excepcyon dylatorye abateth a wrytte after the vyewe as by nontenure or the mysnamyng of the towne or such lyke if he purchase another wrytte in that case froÌ„ hensforth the vyewe shall not be graunted if he had vyewe in the fyrst wryttes In a wryt of dower where the demauÌ„de is of lande that the husbande alyened to the tenant or his auncetour where the tenant ought to take knowledge what lande the husbande dyd alyene to hym or his auncetour though the husbande dyed not seasyd yet froÌ„hensforth vyewe shall not be graunted In a wrytte of entre also where the demaundant mys â–ª named the entre if he purchase another wrytte of another entre if the tenant in the fyrste wrytte had vyewe he shall not haue it in the secounde In wryttes also where landes be demaunded by reason of a lesse made by the demaundaÌ„t or his auncetour vnto the tenant and not his auncetour as that he lessyd to hym beyng within age not hole of mynde beyng in pryson and such lyke vyewe shall not be graunted hereafter but if the demyse were made to his auncetour the vyewe shall lye as it hath done before THe chauncellour treasourer iustyces nor none of the kynges counsel no The. xlix â—apitre clerke of the chauncery nor of the eschequer nor of any iustyce or other offycer nor none of the kynges house preste nor lay man shall take any churche nor aduowson of a churche lande nor tenement by gyfte sale nor to ferme ne for partakynge nor otherwyse so longe as any thynge is in plee before vs or before any of our offycers nor shall take no rewarde therof he that doyth coÌ„trary to this acte other hymself or by another though he make no stryfe shall be ponyshed at the kynges pleasure aswel he that purchaseth as he that wyth All the sayd statutes shall take effecte at the feast of saynct Myghel next coming so that by occasyon of any offences done on thys syde the sayd feaste contrary to any of these estatutes no ponyshement mencyoned within these estatutes shal be executed vpon the offenders Moreouer coÌ„cernyng the statutes prouyded where the law fayled for remedies lest sutors comyng to the kynges court shold depart froÌ„ thens without remedye they shall haue wryttes prouyded in theyr cases but they shall not be pleded vntyll the feaste of saynct Myghell aforesayd ¶ Here begynneth the statute of westÌ„ thyrd made the .xviii. yere of Ed. the .i. FOr asmuche as purchasers of landes and tenementes of the fees of great men and other lordes haue many tymes in tymes passed entred into theyr fees to the preiudyce of the lordes wher upon the freholders of suche great men haue solde theyr landes to such purchasers in fee to be holden of the feffours not of the chyef lordes of the see wherby the chyef lordes haue many tymes lost theyr escheates maryages wardshyps of landes and tenemeÌ„tes beyng of theyr fees whiche thynge semyth very harde extreme vnto suche lordes and moreouer in this case manyfest disherytaunce Our soueraygne lorde the kyng in his parlyament at westmynster after Easter the .xviii. yere of his raygne that is to wyte in the quynzyeme of S. JohaÌ„ Bap. at the instaunce of the great men of the realme hath prouyded and ordeyned that froÌ„hensforth it shal be lefull to euery free man to sell at his owne pleasure his landes tenementes or parte of them so that the feffee do holde the same lande or tenemeÌ„t of the chyef lorde of the fee by such seeuyces and customes as his feffour helde before ¶ The .ii. Chap. ANd if he sell any parte of such landes or tenemeÌ„tes to any the feffee shall immedyatly holde it of the chyef lorde and shal be forthwith charged with the seruyces as moch as pertayneth or ought to pertayne to the sayd chyef lord for the same parcell accordynge to the quantyte of the lande or tenemeÌ„t so sold And so in this case the lord shall take the same parte of the seruyce by the handes of the feffee
wherby he ought to be attendaunt and aunswerable to the same chyef lorde accordynge to the quantyte of the lande or tenemeÌ„t solde for the parcell of the seruyce so due ¶ The .iii. Chapiter ANd it is to be vnderstanden that by the sayd sales or purchases of landes or tenemeÌ„tes or parcelles of theÌ„ landes nor tenementes shall in no wyse come into mortmnayne neyther by pollecye ne crafte contrarye to the fourme of the statute made therupon of late And it is to wâ—te that this statute extendeth but onely to landes holde in fee symple And that it extendeth onely to the tyme comynge and it shall begynne to take effecte at the feaste of sayncte Andrew apostle nexte comynge youen the .xviii. yere of the reygne of kynge Edwarde sonne of kynge Henry ¶ Here endeth the statute of westmynster thyrde ¶ Here begynneth the statute of wynchestre made the .xiii. yere of Edwarde the fyrst FOr asmuch as from daye to daye robboryes murders burnyng and thefte be more ofteÌ„ vsed thaÌ„ they haue ben heretofore and felons can not be attaynted by the othe of iurrours whiche had rather suffer straungyers to be robbed so to passe without payne then to indyte the offendours of whome great parte be folke of the same countre or at the lest if the offendours be of another countre the receyuours be of places nere And they do the same because the othe is not put vnto iurrours of the same countre where suche felonyes were done and to the restitutyon of damages hytherto no payne hath ben lymytted for theyr coÌ„câ—lement and latches Our soueraygne lorde the kyng for to abate the power of felons hath establyshed a payne in this case so that fromhensforth for feare of the payn more then for feare of any othe they shall not spare any nor concele no felonyes And fromhensforth cryes shal be made in al countyes hundredes markettes fayres all other places where great resorte of people is so that none shal excuse hymselfe by ignoraunce that fromhensforth euery countre be so well kept that immedyatly vpon such robboryes and felonyes commytted freshe sute be made from towne to towne and from countre to countre ¶ The .i. Chapitre LIkewyse when nede requyreth inquestes shal be made in townes by hym that is lorde of the towne and after in the hundred and after in the fraunchyse and in the shyre and sometyme in two thre or foure shyres in case where felonyes be commytted in the marches of shyres so that the trespasours may be attaynted And if the countre wyll not aunswere for the bodyes of suche trespasours the payne shal be suche that is to wyte that the people dwellyng in thâ— countre shal be aunswerable for the robboryes done and also the damages so that the hole hundred where the robborye happenyth to be done or the fraunchyses beyng within the precynet of the same hundred shal be aunswerable for the robboryes done And if the robborye chaunce to be done in the diuysioÌ„ of two hundredes in suche case bothe hundredes and also the fraunchyses whiche be within the precyncâ—es of them shall be aunswerable And after that the felonye or robborye is done the couÌ„tre shal haue no longer space then halfe a yere within whiche halfe yere it shall behoue them to agre for the robborye or trespas or els that they wyll aunswere for the bodyes of the offendours ¶ The .ii. Chapitre ANd for asmuch as the kyng wylnot that his people shold be sodaynly im poueryshed by reason of this penaltye that semyth very harde to many the kynge graunteth that they shall not incurre it ymmedyatly but it shal be respyted vntyll the Easter nexte folowynge within whiche tyme the kynge maye see howe the countre wyll ordre themselues and whyther suche felonyes and robboryes do ceasse After which terme let them all be assured that the foresayd penaltye shall ronne generally that is to wyte that the people of the countre shal be aunswerable for felonyes and robboryes done among them ¶ The .iii. Chapiter ANd for the more suretye of the countre the kyng hath commaunded that in great townes beynge walled the gates shal be closed from the sonne restyng vntyll the sonne rysynge that no man do lodge in the suburbes nor in any place out of the towne from .ix. of the clocke vntyll day without his hoste wyll aunswere for hym the bayllytes of townes euerye weke or at the leaste euery .xv. day shall make inquerye of all persones beynge lodged in the suburbes or places out of the townes And if they do fynde any that haue lodged or receyued any straungyers or suspycyous persons coÌ„trary to this they shall do ryght therin And the kynge comaundeth that from hensforth all townes be kept as it hath ben vsed in tymes passed that is to wyte from the feaste of Ascensyon vnto Myghelmas in euery cyte .vi. men shall kepe at euery gate in euery borugh .xii. men in euery towne .vi. or .iiii. acordyng to the noumbre of the inhabitauntes of the towne and shall watche the towne all nyght from the sonne restynge vnto the sonne rysyng And if any strauÌ„gyers do passe by them he shal be arrested vnto mornyng And if no suspicion be fouÌ„de they shall go quyte if they fynde cause of suspeccyon they shall forth with delyuer hym to the sheryf and the sheryf may receyue hym without damage and shall kepe hym saufely vntyll he be acquyted in due maner and if they wyll not obey the arreste they shall leuye hue and crye vpon them and such as kepe the towne shall folowe with hue and crye with all the towne and the townes nere and so front towne to towne vntyll that they be taken and delyuered to the sheryf as before is sayd and for the arrestementes of suche straungyers none shal be ponysshed ¶ The .iiii. Chapitre ANd further it is comaunded that hygh wayes ledyng from one merchaunte towne to another shal be fromhensforthe inlarged where as bushes woodes or dykes be so that there be ney ther dyke tre nor bushe wherby any trespaser may eskape within CC. fote of eche syde the way so that this statute shall not extende vnto ashes nor vnto great trees for that it shal be vnderstanden clerely out of this And if by the defaute of the lorde that wyll not auoyde the dyke vnderwood or bushes in the maner aforesayd and robboryes be done therin the lorde shal be aunswerable for the felonye And if murdre be done the lorde shal be raunsomed at the kynges pleasure And if the lorde be not able to sell the vnderwoodes the countre shall ayde hym therin And the kynge wylleth that in his demean landes woodes within his forest and without the wayes shal be inlarged as before is sayd And if percase a parke be taken from the hygh waye it is requysyte that the lorde shall sette his parke the space of CC. fote froÌ„ the hygh waye as before is sayd or that he make such a
lettres shall come greatyng Vnderstand ye that where as of late in the tymes of our progenytours sometymes kynges of Englande in dyuerse theyr parliamentes And lykewyse after that we had vndertaken the gouernauÌ„ce of the realme in our parlyameÌ„tes many artycles coÌ„teynyng dyuerse greeâ—es commytted agaynste the churche of Englande the prelates and the clergye were purposed further great instaunce was made that remedye myght be prouyded therin And of late in our parlyament holden at Lyncolne the .ix. yere of our raygne the artycles vnderwryten with certayne aunsweres made to some of them heretofore were rehersed before our counsell and haue made certayne aunsweres to be corrected and to the resydue of the artycles vnderwrytten aunsweres haue ben made by vs our counsell of which sayd artycles with the aunsweres to the same the tenors here do folowe Fyrste where laye men do purchase prohybicyons generally vpon tythes obuencyons oblacyons mortuaryes redemynge of penaunce vyolent layenge hande on clerkes or bygomes and in causes of dyffamacyon in which cases spiritual penaunce ought to be inioyned Our soueraygne lorde the kynge hath aunswered to this artycle that in tythes oblacyons obuencyons mortuaryes wheÌ„ they are purposed vnder these names the kynges prohybicyon shall holde no place althoughe for the longe witholdyng of the same the money may be estemed at a summe certayne But if a clerke or a relygyous man do sell his tythes being in his barne or other where to any man for money if the mony be demaunded before a spirituall iudge the kynges prohybicyon shal lye for by the sale the spiritual good are made temporall and the rythes turne into catelles Also if the debate do aryse vpoÌ„ the ryght of tythes hauynge his originall of the ryght of the patronage quaÌ„tyte of the same tythes do passe the .iiii. part of the goodes of the church the kynges prohibicyon shall holde place if the cause com before a iudge spiritual Also if a prelate enioyne a penaunce pecunyarye to any man for his offense and it be demauÌ„ded the kynges prohybicyoÌ„ shal holde place Nothwithstandyng if prelates enioyne a penaunce corporal and the partye wyl redeme such penaunces by money if money be demaunded before a iudge spiritual the kynges prohybicyon shal holde no place Moreouer if any lay vyolent handes on a clerke the amendes for the vyolence done shall be made in the kynges courâ—e And for excommunicacyon before a prelate where penaunce corporall is enioyned if the defendour wyll redeme his penaunce by gyuynge money to the prelate or to the partye greued it shal be requyred before the prelate and the kynges prohybicyon shall not lye In dyffamacyons also prelates shall correcte in maner aboue sayd the kynges prohybicyon notwithstandynge fyrste enioynynge a penaunce corporal which if the offendour wyll redeme the prelate maye frely receyue the money though the kynges prohybicyon be shewed Also if any do arere in his grounde a mylle of newe And after the persone of the same prelate demaundyth tythe for the same the kynges prohybicyon doth issue in this fourme The aunswere Quia de tali molendino hactenus decime non fuerunt solute prohibemus c. Et sententiam excommunicationis si quam hac occasione promulgaueritis reâ—â—â—eâ—is omnino In suche case the kynges wrytte or prohybicyon was neuer yet graunted by the kynges assente nor neuer shall whiche hath decreyd that it shall not hereafter in suche cases Also if any cause or mattyer the knowledge wherof belongyth to a courte spirituall and be dyffynytyfly determyned before a spyrytuall iudge so that it passe into a iudgement nor was not in suspens by reason of any appeall and afterwarde vpon the same thynge a case is moued before â— temporal iudge and betwene the same partyes it be prouyd by wytnes or instrumentes The excepcyon shall not be admytted in a temporall court The aunswere when any one case is debated before iudges spirituall and temporall as aboue aperyth vpon the case of layenge violent hâ—des on a clerke It is thought that notwithstandyng the spirituall iudgement the kynges court shall dyscusse yâ— same matter as the party shall thynk most expedyeÌ„â— for hymselfe Also the kynges lettre dyrected vnto ordinaryes that haue wrapped theyr clyentes in the sentence of â—xcommunicacyon that they shulde asseyle them by a certayne daye or els that they do appyere and shewe wherfore they haue excoÌ„municated theÌ„ The aunswere The kyng decreyth that hereafter no suche lettre shal be suffred to go forthe but in case where it is founde that the kynges lyberte is preiudyced by the excommunicacyon Also barons of the kynges eschequer challengyng by theyr pryuylege that they ought to make aunswere to nâ—maÌ„ out of the same place extend the same pryuylege vnto the clerkes abydyng there beynge called to ordres or vnto resydeÌ„ce and inhybytte the ordynaryâ—s that in any wyse or for any cause so longe as he is of the eschequer they shal not call them to theyr courtes The aunswere It pleasyth our soueraygne lorde the kyng that such clerkes as attend in his seruyce shal be corrected by theyr ordynaryes lyke as other but so longe as they are occupyed about his busynes they shal not be boundeÌ„ to kepe resydence in theyr churches This is put to of newe by the kynges counsell The kyng and his auncetours syns tyme out of mynde haue vsed that clerkes duryng such tyme as they are in his seruyce shal not be compelled vnto kepe resydence at theyr benefyces And such thynges as be thought necessary for the kynge and the comon welth ought not to be called preiudicyall to the lyberte of the churche Also the kinges offycers as sheryfes and other do entre spirituall fees to take distresses and sometyme they take the persones bestes in the kynges hyghe way where they haue nothynge but theyr glebe lande The aunswere The kynges pleasure is that from hensforth such dystresses shall neyther be taken in the kynges hygh way nor in the fees wherwith churches haue ben indowed neuer thelesse he wylleth dystresses to be taken in possessions of the church newly purchased by the persone Also when any that flye vnto the churche do abiure the realme accordynge to the custome of the lande and laye men or theyr ennemyes do pursue them and plucke them from the kynges hygh waye and are hanged or heded whylst they be in the churche are kepte in the churchyard with armed men and sometyme in the churche so straytly that they can not departe from the halowed grounde to emptye theyr belye and can not be suffred to haue necessaryes for theyr lyuyng Thaunswer They that abiure the realme so long as they be in the comen waye shal be in the kynges peace nor shal be dystourbed of any man when they be in the churche theyr kepars ought not to abyde in the churchyarde excepte necessyte or peryll of escape do requyre so And so longe as they be in the churche they shall not be compelled to auoyde but
that they shall haue necessaryes for theyr lyuynge and may go forth to emptye theyr belye Also the kynges pleasure is that theues or appellours when so euer they wyl may confesse theyr offenses vnto prestes but let the confessours beware that they infourme not such appeallours vnwarely Also it is desyred that our soueraygne lorde the kynge and the great men of the realme do not charge relygyous houses and spiritual persones for corrodyes pensyons or soiournynge in relygyous houses and other places of the churche or with takyng vp horse cartes wherby suche houses are impoueryshed god seruyce dymynished and by reason of such charges prestes and other mynistres of the churche deputed vnto diuyne seruyce are oftentymes compelled to depart froÌ„ the places aboue sayd The auÌ„swere The kynges pleasure is that vpon the coÌ„tentes in theyr peticyon froÌ„hensforth they shall not be vnduely charged And if the contrarye be done by great men or other they shall haue remedy after the fourme of the statutes made in the tyme of kyng Edwarde father to the kynge that nowe is And lyke remedye shal be done for corrodyes and pensyons eracted by compulsyon wherof mencyoÌ„ is made in the sayd statutes Also if any of the kynges tenure be called before theyr ordynaryes out of the paryshe where they dwell if they be excommunicate for theyr manyfeste contumacye and after .xl. dayes a wryt goyth out to take them and they pretend theyr priuylege that they ought not to be cyted out of the towne and paryshe where theyr dwellynge is And so the kynges wrytte that went out for to take them is denyed The auÌ„swere It was neuer yet denyedâ— nor shal be hereafter Also it is desyred ye spirituall persones whome the kynge doyth present vnto benefyces if the bysshop wolde not admytte them eyther for lacke of scyence or for other cause reasonable they shall incurre the excommunicacion of lay persones in the cases afore sayd as for a thyng contrary to the decreys canonycall attempted but they shall sue vnto a spiritual iudge for remedye as ryght shall requyre The aunswere Of the ablenes of a person presented vnto a benefice of the church the examynacyoÌ„ belongeth to a spiritual iudge and so it hath ben vsed heretofore shal be hereafter Also if any dygnite be vacaunt where eleccyon is to be made it is moued that the electours or chosers may frely make theyr eleccyon without feare of any power temporall and that all prayers and oppressyons shal in this behalfe The aunswere They shall be made free accordynge to the fourme of statutes and ordynaunces Moreouer though a clerke ought not to be iudged by a temporal iudge nor any thyng may be done agaynste hym that concernyth lyfe or membre neuerthelesse temporall iudges cause that clerkes fleynge vnto the church and confessyng theyr offense do abiure the realme and for the same cause admitte they abiuracioÌ„s although here vpon they can not be theyr iudges and so power is wrongfully gyueÌ„ to lay persons in the ponyshement of such clerkes And if such chaunce to retourne after into the realme the prelates and clergye desyre such remedye to be prouyded herein that the immunyte or pryuylege of the church and spiritual persons may be said vnbrokeÌ„ The aunswere A clerke fleyng to the church vpon â—â—â—â—nye for to obtayne the pryuylege of the churche if he affyrme hymself to be a clerke he shal not be compelled to abiure the realme but yeldyng hymselfe to the lawe of the realme shall inioye the pryuylege of the churche accordynge to the laudable custome of the realme heretofore vsed Also notwithstandyng that a confessyoÌ„ made before hym that is not lawfull iudge therof be not suffycyeÌ„t wheron processe may be awarded or sentence gyuen yet some teÌ„porall iudges though they haue ben instauntly desyred therto do not delyuer to the ordynaryes acordyng to the premysses suche clerkes as confesse before them theyr moste heyghnous offences as thefte robborye and murdre but admyt theyr accusacion which comonly they call an appeall all be it to this respecte they be not of theyr court nor can be iudged or condemned before them vpoÌ„ theyr owne coÌ„fession without breakyng of the churches pryuylege The aunswere The pryuylege of the churche beyng demaunded in due forme by the ordynarye shall not be denyed vnto the appeallour as to a clerke We desyrynge to prouyde for the state of holy church of Englande and for the tranquyllyte and quyete of the prelates and clergye aforesayd as ferforthe as we may lawfully do to the honour of god and emendacyon of the church prelates and clergye of the same Ratefyeng confermyng approuynge all and euery of the artycles aforesayde with al and euery of the aunswers made and conteyned in the same do graunte and commauÌ„de them to be kept firmely and obserued for euermore wyllyng and grauntynge for vs and our heyres that the foresaid prelates and clergye theyr successours shall vse execuâ—e and practyse for euer more the iurisdiccyon of the church in the premisses after the tenour of the aunswers aforesaid without quarell inquyetyng or vexacyoÌ„ our heyres or any of our offycers what so euer they be In testimony wherof c. wytnes c. ¶ Here endyth the statute of artycles of the Clergye ¶ The statute of persons to be put in assyses FOr asmuche as our soueraygne lorde the kyng by the contynuall greuous coÌ„playnt of his pore subiectes doith perceyue that dyuerse persons of his realme beyng moste insuffycient or many tymes intolerably troubled by sheryfes and theyr bayllyfes bayllyfes of lybertes which impanelled them to the recognysaunces of assyses iuryes inquestes and attayntes tryable out of the shyreâ— where they be dwellynge And do spaâ—â— the ryche people such as be more able by whom the truth of the matter myght be better knowen wherby great expenses and trouble doyth dayle and manyfestly ensue to the impoueryshmeÌ„t of the sayd people and vtter dysheritynge out sayd soueraygne lord prouydyng for the indempnyte of his people and desyryng to sette conuenteÌ„t remedy in the premysses for the publyke weale of his realme in his parlyament holden in the terme of sayncte Myghell the .xxi. yere of his reygne hath ordayned in this behalfe that no sheryf vndersheryf or theyr bayllyfes nor bayllyâ—es of lybertes shal fromhensforth putte in any recognysaunce aboue sayd that shall passe out of theyr propre countyes any of theyr bayllyfes except they haue landes and tenementes to the yerely value of an C. sÌ„ at the leste And the kynge intendyth not by this statute to restrayne the last statute of westmynster wherin mencyon is made of recognysoues to be put in iuryes and assyses but of suche onely as ought to passe in assyses iâ—â—yes recognysaunces try able out of theyr propre counâ—yes so that within the countye before iustyces or our soueraygne lorde the kyng assygned to the takyng of any suche inquestes iuryes or other recognysaunces none shal be impanelled excepte he haue
Finis ¶ The statute of dystresses of theschequer made the. â—â— yere of kyng Ed .i. FOr asmuch as the comynalte of the realme hath sustayned great losse damage by wrongfull takynge of dystresses which haue â—en made by sheryfes and by other the kynges vayllyfes for the kynges det or for any other cause It is therfore prouyded and ordeyned that when a sheryf or any other man doyth take the beastes of other they to whome the beastes do belong may gyue them theyr fedyng without disturbauÌ„ce so longe as they be impouÌ„ded without gyuynge any thynge for theyr kepyng And that the beastes nor no nother dystres taken for the kynges dette nor for any other cause be gyueÌ„ ne solde within xv dayes after the takynge and if any bryng a taylle of a payment made in the eschequer the dystres shall cease And if he brynge the taylle of any sheryf or bay lyf of paymeÌ„t made to them of the thyng demaunded and wyll fynde pledges that he appere in the eschequer vpon the next accouÌ„t to do as ryght shal requyre then the dystres shall cease And the shery for bayllyf shall cause hym to be attached that ought to haue acquyted hym that he appere vpon the same accounte to do as ryght shall requyre and there shall haue the names of the pledges yet it is prouyded that no man of relygion nor other shal be dystrayned by his beastes that gayne his lande nor by his shept for the kynges dette nor for any other man but vntyll they can fynde another dystres or catelles suffycyent wherof they may leuye the dette or that is suffy cyent for the demaunde except impoundynge of beastes that a man fyndeth in his grounde damage fesaunt after the vse and custome of the realme And that suche dystresses be reasonable after the value of the dette or demaunde and after conuenyent estymacyon and not outrageous howe be it the kyng wylleth and coÌ„maundeth that sheryfes or theyr bayl lyfes that haue receyued the kynges dâ—â— of the somoÌ„s of theschequer haue not acquyted the dettours therof at the next accouÌ„t shal be ponyshed after the statutes made therupoÌ„ the kynge wylleth that all dettes of somons of theschequer that the sheryf or bayllyf confessyth receyte shal be allowed hym forth with so that whyther he receyued all the det or part it shall neuer come more in demaunde nor somons after the sheryf hath confessed the payment ¶ Here endyth the dystresses of the eschequer ¶ A dyffynicyon of conspiratours made the .xxxiii. yere of kyng Edwarde the fyrste COnspiratours be they the do coÌ„federe or bynde theÌ„ selues by othe couenauÌ„t or other alyaunce that euery of them shall ayde and bere the other falsely malycyously to indyte or falsely to moue or maynteyne plees and also suche as cause chyldren within age to appeall men of felonye wherby they are imprysoned and sore greued such as reteygue men in the couÌ„tre with lyuerays or fees for to maynteyne theyr malycyous interpryses and this doyth extende aswell to the takers as to the gyuers And stewardes and bayllyfes of great lordes that by theyr seignourye offyce or power doo vndertake to bere or maynteygne quarels plees or debates that concerne other partyes then suche as towchen the estate of theyr lordes or themselues This ordynauÌ„ce and fynall dyffynycyoÌ„ of coÌ„spyratours was made by the kyng and his counsell in his parly ament the .xxxiii. yere of his raygne ¶ The statute of fynes leuyed made the .xxvii. yere of kyng Ed. 1. FOr asmuche as fynes leuyed in our court ought and do make an ende of all matters and by cause therof are called fynes where after wagyng of batayll or the great assyse in theyr cases euermore they holde the laste and fynall place And nowe by a certayn tyme passed as well in the tyme of kyng Henry of famous memorie our graundfather as â—â— our tyme the partyes of suche fynes theyr heyres coÌ„trary to the lawes of our realme of auncyent tyme vsed were admytted to adnulle and defeate suche fynes adlledgyng that before the fyne leuyed and at the leuyeng therof and syns the demaundauntes or playntyfes or theyr auncetours were alwaye sesyd of the landes conteyned in the fyne or of some parcell therof And so fynes lawfully leuyed were many tymes vniustely defeted and adnulled by turours of the countre falsely and malycyously procured â–ª we therfore intendyng to prouyde a remedye in the premysses in our parlyameÌ„t at west mynster haue ordeyned that suche excepcyons aunswers or inquysicyons of the countre shall fromhensforth in no wyse be admytted contrarye to suche recognysaunces or fynes And further we wyl that this statute shal aswell extend vnto fynes heretofore leuyed as to them that shal be leuyed here after And let the iustyces see that such notes fynes as hereafter shal be leuyed in our courte be redde openly solempnly and that in the meane tyme all plees shall ceasse And this must be at two certayne dayes in the weke accordyng to the discrecyon of the iustyces ¶ The .i. Cha. WE haue also ordeyned by thaduyse of our counsell that from hensforth sheryfes shal not be charged of any issues to be leuyed nor shall leuye any before they passe out of the eschequer there to be delyuered by the extreates of the iustyes And that in the estreates of iustyces euery hed shal be charged for issues forfayâ—ed lyke as of amercymeÌ„tes and if peraduenture any sheryf wyl aunswer for the issues of any recognysour pledge or maynpernour by hym assygned and retourned into our courâ—e whiche at the tyme of the retourne is not able to paye such issues or amercymentes the sheryf shal be charged and shal aunswere therfore in our eschequer And let the sheryfes beware vnder payne of great forfayture that from hensforth they do make taylles of all such money as they or theyr offycers haue receyued by our commaundement And that they do not retourne any where the names of any maynpernours or suretyes iurours or any other excepte such suretyes maynpernours or other accordynge to the tenour of our wryttes beynge dyrected to the sheryfes for the same cause be lawfully and manyfestly impanelled therupon And they shall not retourne the names of any free men as pledges without that they wyll playnely consente and agre to the same And hereupoÌ„ we haue enacted that at one tyme certayn euery yere one baroÌ„ one clerke of our sayd eschequer shal be sente through out euery shyre of Englande to inrolle the names of all suche as haue payed that yere dettes exacted of them by a grene were And the same baron clerke shall vyewe all suche taylles and inrolle them And shall here and determyne complayntes made agaynste sheryfes and theyr clerkes and bayllyfes that haue done contrary to the premysses and the offendours shal be greuously ponyshed ¶ The .ii. Chapiter FOr asmuche as sheryfes and other heretofore haue let out by pleuyn comon feloÌ„s and openly defamed beyng
taken and imprysoned for murdre felonye and such as be not repleuysable contrary to the fourme of our statute made at westmynster of persones repleuysable and not repleuysable wherby such traÌ„sgressours not repleuisable be let out and for to delyuer them deceytfully before the comyng to the iustyces erraunt or other assigned for theyr delyuerauÌ„ce they procure by themselues and by theyr frendes iurours of the countre and some they threate wherby aswell for feare of the sheryfes other your let thym at large by suche pleuyn as for feare of the theues beyng so delyuered before iustyces assygned for gayle delyuerees suche felonyes and murdres are conceled and so beyng conceled remayne styll vnponyshed We for vâ—â—â—re of our realme for the more assured conseruacion of our peace haue prouyded ordeyned that iustyees assigned to take assyses in all shyres where they take assyses as it is ordeyned incoÌ„tyneÌ„t after the assyses taken in the shyres shall remayne both togyther if they be lay And if one of theÌ„ be a clerke then one of the more discrete knyghtes of the shyre beynge assocyate to hym that is a lay man by our wrytâ—e shall delyuer the gayles of the shyres as wel within the lybertes as without of al maner of prysoÌ„s after the fourme of the gayle delyueres of those shyres before tymes vsed And the same iustyces shall inquere then â—â— sheryfes or any other haue let out by a pleuyn prysoners not repleuyable or haue offended in any other thynge contrarye to the fourme of the foresayd statute lately made at westmynster they shall refourme and â—onyshe them in all thynges accordyng to the fourme of the statute aforesayd ¶ The .iii. Chapâ— ALso where we haue prouided that none shal be impanelled any wher out of the shyre where he is dwellyng in recognysaunces inquestes and iuryes that hath lesse then C. sÌ„ of land or rent wherby aswell they that haue more landes by to often apperynge aswell in our eschequer as before our iustyces of eyther benche are moche impoueryshed we therfore consyderyng the intolerable damage of our people not onely for the dyscharge of suche iurours but also for the more spedye mynistracion of iustyce to all partyes suyng in our courte haue prouyded and ordeyned that inquestes recognysauÌ„ces determynable before iustyces of eyther benche fromhensforthe shall be taken in tyme of vacacyon before any of the iustyces before whome the plee is brought beynge assocyate to one knyght of the same shyre where such inquestes shall passe oneles it be an inqueste that requyreth great examinacioÌ„ And so from hensforth in takyng suche inquestes the iustyces shal do as to them shall seme moste expedyent for the comoÌ„ v 〈…〉 e of our realme not withstandyng the statute lately made at westmynster vpon the takyng of such inquestes contaynyng that if any inquestes be taken coÌ„trary to the fourme of the sayd statute they sholde be of none effect And therfore we commaunde straytly chargynge the that incontynent without further delay thou shalt cause to be redde and publysshed in cytes borughes merchaunt townes and other solepmne places through out thy lyberte where thou shalt thynke moste necessarye all the artycles about sayd the which we haue graunted wyllyng them to be kept and obserued stedfastely and without contradiccyon and that thou notefye and declare all synguler the premysses to all our lyege people without delaye wytnesse cÌ„ ¶ Here endyth the statute of leuyeng fynes ¶ The statute of Carlyll made the xv yere of Edwarde the secounde THe kynge vnto the iustyces of his bench greatynge Where as of late we haue ordeyned that all suche fynes as are to be leuyed in our court be lawfully leuyed whiche we wyll in no wyse to be broken or to be adnulled of theyr power we haue sente vnto you our mynde in wrytyng firmely to be obserued that is to wyte that aswell the partyes demaundant or playn tyf as the tenantes or defendantes that wylyelde or knowledge ryght of landes or tenemeÌ„tes vnto other in plees of warrauntye of chartour couenaunt other wherupon fynes are to be leuyed afore you before such fynes do passe the parties shal appere personally so that theyr age idyocye or any other defaute beyng in them maye be iudged and dyscerned by you prouyded alway that if any persone agyd or decrepyte or impotent by casualtye be so oppressed holden that by no mean he is able to com before you in our courte then in suche case we wyll that two or one of you by assent of the resydue of the benche shall vysyte the partye so dyseased and shall receyue his recognysaunce vpon the plee and fourme of plee that he hath in our court wherupon the same fyne ought to be leuyed and if there go but one he shal take with hym an abbotte a pryour or a knyght a man of good fame and credence and shall certefye you therof by recorde so that all thynges incydente to the same fyne beynge eramyned by hym or them the same fynes accordyng to our former ordynaunce may be lawfully leuyed yet we wyll not that any of our barons of theschequer or our iustyces shall admyâ— any attorneys but onely in plees matters that passe before them in the benches and in places where they be assygned by vs. And the same power of admyttynge attornes we prohybytte denye to the clerkes and seruauntes of the sayd barons iustyces And do ordeyne that if any attourneys be admitted here after by any of the persones aforesayd theyr admyssyon shal be of none effecte Reserued alway in the chauncellour for the tyme beyng his authoryte in admyâ—tyng attorneys accordyng to whose discrecyon they shal be admytted to out those iustyces as heretofore hathe ben obuerued in the admyssyon of attorneys we wyll also that this our ordynaunce shall take effecte and begynnynge at the vtas of the Trinite nexte insuyng Gyuen in our parliameÌ„t at Carlyll the .xv. yere of our reygne ¶ Here endeth the sta of Carlyll ¶ The statute of defendyng ryght made the .xx. yere of Ed .i. WHeÌ„ that any purchaseth a wrytte agaynst the tenauntes by the curtesye in taylle in dower for terme of lyfe or of yeres and the demaundaÌ„t suyth so ferre that the landes be in maner recouered wherupoÌ„ another comyth in before iudgement gyueÌ„ sayth that he hath fee ryght in those laÌ„des prayeth the court that in asmuch as he is com before iudgemeÌ„t he may be receyued to defend his ryght to make aunswere vnto the demaundant therof by force of a certayne statute lately made by the kyng that now is at westmÌ„ wherby aswell such as had no ryght as they that had ryght oftentymes in the case afore mencyoned falsely and in deceyte of the courte dyd â—om in and pray to be receyued to make aunswere to the inteÌ„t that theyr admyssyon myght prolonge the demaundant froÌ„ the attaynyng vnto iudgement and season of his lande and for to
examynacyon shal be fallen in the cuntre before a iustyce of the place where the plee is accoÌ„panyed with a substanciall man of the cuntre knyght or other so that a certayne day be gyueÌ„ in the bench and a certayne day place in the cuntre in presence of the partyes demaundyng the same And also inquestes and iuries in plees of lande that requyre greate examynacion shal be taken in the cuntre in the maner abouesayd before two iustyces of the benche And the iustyces or iustyce shall haue power to record nonsuytes and defautes in the cuntre at the dayes and places assygned as afore is sayd And that they shall do in the thynges aboue mencioned shal be reported in the benche at a day certayne there to be inrolled and therupon iudgement shal be gyuen And the kyng intendyth not that the sayd inquestes and iuries shulde not be taken in the benche if they come nor that this statute shuld extende vnto greate assyses and also a iustyce of the one place and of the other beynge associate with a dyscrete man of the cuntre knyght or other at the request of the playntyf shall take inquestes vpoÌ„ plees pledyd and to be pledyd that be mouyd by attachement and dystres and shall haue power to recorde nonsuytes as aboue is sayd and to take inquestes vpon defautes there made And as to such inquestes as are to be taken vpon wryttes of Quare impedit the fourme conteyned in the statute of westmynster secounde shal be kept and the iustyces shall haue power to recorde nonsutys defautes in the cuntre and to gyue iudgemeÌ„t therupon as they do in the bench and there to reporte that that they haue done there to be inrolled And if it happen the iustyce or iustyces that shal be assygned to take suche inquestes in the countre do not come or if they come into the countre at the daye assygned yet the partyes and persones of suche inquestes shall kepe theyr daye in the bench And because it is many tymes coÌ„playned in the kynges courte vpon retournes that bayllyfes of fraunchyses hauyng full power to retourne the kynges wryttes haue delyuered to sheryfes haue ben afterwarde chaunged otherwyse retourned in the kynges courte to the damage of the partyes and the delay of ryght It is agreyd that for suche retournes as hereafter be delyuered to sheryfes by suche bayllyfes of fraunchyâ—es an indenâ—ure shall be made betwene the bayllyf of the fraunchyse by his proper name and the sheryf by his propre name And if the sheryf chaunge the retourne so delyueryd to hym by indenture and be therof conuycte at the sute of the lorde of the fraunchyse of whome he receyued the retourne if the lord haue had any damage or if his fraunchyse be dystayned or at the sute of the lorde of the party that hath sustayned losse through that occasyon he shal be ponyshed by the kynge for his false retourne shal yelde vnto the lorde and to the partye double damages Also it is agreyd that fromhensforth sheryfes and other bayllyfes that receyue the kynges wryttes retournable in his court shall sende theyr owne names with the retournes so that the courte may knowe of whome they toke such retournes if nede be And if any sheryf or other bayllyf leue out his name in his retournes he shal be greuously amerced to the kynges vse Also for the comoÌ„ profytte of the people it is agreyd that no offycer in cyte or towne that by reason of his offyce ought to kepe assyses of wynes and vytaylles in asmuche as he is attendaunt to his offyce shall not by wynes nor vytaylles neyther in grose nor by retaylle And if any do be therof conuyct the merchaundyse wherfore he is conuyct shal be forfayte to the kynge and the .iii. part therof shal be delyuered to the partye that suyd the offendour as the kynges gyfte in suche case hâ— that wyll sue for a thynge so forfayted shal be receyued And the chauncellour treasourer barons of the eschequer iustyces of eyther benche and iustyces assygned to take assyses shall admytte such playntes by wryttes without wryttes and shall determyne them shall perfourme all thynges contayned in these articles in fourme abouesayd and neuerthelesse the kynge may assygne his iustyees to execute this thyng in cytes boroughes when and where it pleaseth hym ¶ Here endeth the statute of yorke ¶ The kynges prerogatyue made the .xvii. yere of Ed .ii. OVr soueraygne lorde the kyng shal haue the ward of all the landes of suche as holde of hym in chyeâ— by knyghtes seruyce wherof the tenaÌ„tes were seased in theyr demeane as of fee at the day of theyr death of whom so euer they holde els by lyke seruyce so that they helde of auncyent tyme any lande of the crowne vntyll the heyre com to his law full age excepte the fees of the archbysshop of Canterbury the byshop of Durham betwene Tyne Tese fees of â—â—les and barons in the marches where the kynges wryttes do not lye wherof the sayd archbyshops byshops erles baroÌ„s ought to haue such wardes though they held of the kyng in som other place ¶ The fyrst Chapitre ALso the kynge shall haue the maryage of an heyre beynge within age and in his warde whyther the landes of such heyres haue appertayned to the crowne of auncyent contynuaunce or that it came by reason of escheare beyng in the kynges handes or that he had the maryage by reason of the warde of the lordes of suche heyres without any respectes to the prioryte of feffement all be â—â— they helde of other ¶ The .ii. Chapitre ALso the kynge shall haue prymer season after the death of suche as helde of hym in chyefe of all landes and tenementes wherof they were seased in theyr demean as of fee of what age that theyr heyres be takynge the issues of the same landes and tenementes vntyll inquysicion be made as the maner is and â—â—â—tyll that he hath taken homage of such heyres ¶ The .iii. Chapitre ALso he shall assygne to wydowes after the death of theyr husbandes that helde of hym in chyef the dower that to them belongeth c. though the heyres be of full age if the wydowes wyll such wydows before assignemeÌ„t of theyr dower shall swere that they shall not marye themselues without the kynges lyceuse whyther the heyres be of full age or not And if they marye without lyceÌ„se then the kynge shall take into his handes by waye of dystres all suche landes tenemeÌ„tes as they hold of hym in do wer vntyll he be satysfyed at his owne wyll so that she shall take nothynge of the issues cÌ„ for after suche dystresses they or theyr husbandes muste fyne at the kynges wyll And his wyll in the tyme of kynge Henry father of kynge Edwarde was estemed to the one yeres value of her dower oneâ—es they had the greatter fauour women that holde of the kynge in chyef of what so euer age
of a mâ—yte And if she commytte forâ—â—cacion in heâ— wydowhed or take an husbande afterwarde she shall lese her dowet Finis ¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii. UUhen a fre maÌ„ shal make homage to his lorde of whom he holdeth in chyef he shall hold his handes togyther betwene the handes of his lord shal say thus I become your froÌ„ this daye forth for lyfe for meÌ„bre for worldly honour and shall owe yow my fayth for the landes that I holde of you sauyng the fayth that I do owe vnto our soueraygne lord the kyng to myne other lordes when a freman shall do fealte to his lorde he shal holde his ryght hande vpon a boke and shall saye thus Here you my lorde â— that I. P. shal be to you both faythful true shall owe my fidelite vnto you for the lande that I hold of you lawfully shall do such customes seruyces as my duety is to you at the termes assygned so helpe me god all his saynctes When a villayne shall do fealte vnto his lorde he shall holde his ryght hande ouer the boke shall say thus Here you my lord A. that I. B. from this daye forth vnto you shal be true faythfull and shal owe you fealte for the lande that I holde of you in villenage and shal be iustefyed by you in body goodes so helpe me god all his saynctes Finis ¶ The statute of wardes and relyefes made the .xxviii. yere of Edwarde the fyrst IT is to wyte that when any relyef is gyueu therto wardshyp belongeth contrary wyse And such as holde by sertaunte to go with the kynge in his hoste there warde and relyef are incydeÌ„t And such as holde by pety sertauntye as to bere shelde or spere in the kynges hoste to bere or to carye there lyeth nether warde maryage nor relyef Also a fre sokeman shal not gyue warde nor relyef but he shall double his rente after the death of his auncetour accordyng as he hath vsed to paye and shall not be vnmesurable greued Now som what is to be sayed of the nature of hauyng wardes There be .ii. maners of wryttes to haue awardes one is where landes be holdeÌ„ in knyghtes seruyce the other is where landes be holden in sâ—cage The warde of lande that is holden in knyghtes seruyce belongeth to the chyefe lorde the maryage which ought to be without dispâ—ragement as the great chartourly my tyth vntyll he comyth to the age of .xxi. yeres The warde of an heyre that holdeth in socage if the inherytaunce dyscende of his mothers syde then it belongyth to the nexte frende of the fathers syde and contrarye wyse And a wrytte to recouer warde may be brought in .iii. maners one is when a man demauÌ„dyth warde of the lande and of his heyre and that is in case when a man holdeth land of another by knyghtes seruyce and the tenaunt dyeth then may the chyef lorde if he be deforced demaunde the warde of his lande and heyre shall haue both warde and maryage Another maner is when a man is infeffed of a rode of lande by one man and by another of another rode the secounde lorde may not brynge a wrytte of warde to recouer eyther the lande or the heyre for the warde belongeth to the lorde of whome he was fyrst infeffed The .iii. maner is where a man hath lande in his handes by reason of a warde and hath not the heyre then he may brynge a wrytte to demaunde the heyre and not the lande ¶ Here endyth the statute of wardes and relyefes made the .xxviii. yere of Edward .i. ¶ Here begynneth a statute concernyng generall dayes in the bench made the .li. yere of H. the .iii. IF a wrytte come within the vtas of S. Myghell a daye shal be gyueÌ„ therupoÌ„ vnto the vtas of S. Hyllarye if it come in the quynzieme of S. Myghel day shal be gyueÌ„ vnto the quynzieme of S. Hillary If it com in the .iii. wekes after S. Myghel the day shal be crastiÌ„o purificatioÌ„is If withiÌ„ a moneth after Myghelmas in the vtas of the purification If in crastino animaruÌ„ then in the quynzieme of Easter If in crastino Martini then in the .iii. wekes after Easter If in the vtas of S. Martini then in Easter moneth If in the quynzieme of saynt Martyne then within .v. wekes after Easter also there is a day specially gyueÌ„ in crastino ascensioÌ„is it â—â—â—â—â—uayleth as much as within .v. wekes after Easter If in the vtas of saynt Hyllarye in the vtas of the Trinite If in quindena Hillarii then in quindena Trinitatis and somtyme in crastino of saynct Iohan Baptyste If in crastino purificationis then in crastino vtas of sayncte Iohan Baptyste If in the vtas of the purification then in quindena of Iohan Baptyst If in quindena Pasche then in the vtas of saynct Myghell If within .iii. wekes after Easter then in quindena of saynct Myghell If within Easter moneth then within .iii. wekes of the feast of saynct Myghel If within fyue wekes after Easter or in crastino Ascensionis then within a moneth after the feaste of S. Myghell If in the vtas of the Trinite then in crastino animaruÌ„ If in quindena trinitatis or in crastino of saynct Iohan Babtyste then in crastino Martini If in the vtas of sayncte Iohan Babtyst then in the vtas of S. Martyne If in quindena of saynct Iohan Baptyst then day shal be gyuen vnto quindena Martini Finis ¶ The statute of Bygamye made the .iiii. yere of Ed .i. IN the preseuce of certayne reuerende fathers byshops of Englaud and other of the kynges counsell the coÌ„stitucyons vnderwryten were recited after harde publyshed before the kynge and his counsell for asmuche as all the kynges counsel aswell iustyces as other haue agreyd that they shulde be putte in wrytyng for a perpetuall memorie and for that they shuld be stedfastly obserued ¶ The fyrst Cha. COncernyng plees where the tenaunt sayeth that he can not aâ—swere with out the kynge It is agreyd by the iustyces and other wyse men of the kynges counsell which heretofore haue had the vse and praciyse of iubgemeÌ„tes that where a feffemeÌ„t was made by the kyng with a dede therupon that if another persone by a lyke feffement a lyke dede be bounden to warrauÌ„tye The iustyces coude not heretofore haue proceded any further without the kynges comaundement had therfore And also it semyth that they coude not ¶ The .ii. Cha. IN certayn cases as where the kyng hath coÌ„fyrmed or ratefyed the dede yf another man to the vse of another or hath graunted any thynge asmuche as hymselfe may or where a dede is shewed and no clause contayned therin wherby â—e ought to warrauntyse and in lyke cases they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke but after
aduertysement made therof to the kynge they shall procede without delaye ¶ The .iii. Chapitre COncernynge the endowement of wymmen where the wardeyns of theyr husbaÌ„des inherytauÌ„ce haue ward shyp by the gyfte or graunte of the kyng or where such wardeyns be tenauntes of the thynge in demaunde or if the heyres of such landes be vouched to warraÌ„tye if they say that they can not auÌ„swer without the kynge they shall not surceasse vpon the matter therfore but shal procede therin accordynge to the ryght ¶ The .iiii. Chapitre COncernyuge purprestures or any maner of vsurpacyons made vpoÌ„ the kyng within frauÌ„chyses orels where it was agreyd determyned in the tyme of kynge Henry that where suche vsurpours were lyuyng the kynge shulde resease of newe the lande so vsurped out of the handes of the vsurpours the which thyng also shal be fromhensforth obserued in the realme if any do complayne vpon such reseasers he shal be harde lyke as ryght requyreth ¶ The v. Chapitre COncernynge men twyse maryed called bigamy whome our holy father the pâ—â—e by a constitucyon made at the counsell of Lyons hath excluded froÌ„ al clerkes pryuylege wherupoÌ„ certayâ—â— prelates when such persons haue ben â—â— taynted for felons haue prayed for to haue them delyuered as clerkes whichâ— were made bygamy before the same constitucion It is agreyd and declared before the kynge and his counsell that the same constitucyon shal be vnderstandeâ— in this wyse that whyther they were bigamy before the same constitucyon or after they shal not from hensforth be delyucred to the prelates but iustyce shal be executed vpon them as vpon other laye people ¶ The .vi. Chapitre IN dedes also where is conteyned dedi â—t concessâ— tale tenementum without homage or without a clause that coÌ„teyneth warrantie and to be holden of the gyuers and theyr heyres by â— certayne seruyce It is agreyd that the gyuers and theyr heyres shal be bounden â–ª to warrantie And where is conteyned dedi et concessi c. to be holden of the chyef lordes of the fee or of other not of the feffours or of theyr heyres reseruing no seruyce â–ª without homage or without the foresayd clause theyr â—eyres shall not be bounden to warrantye notwithstandynge the feffour duryng his ownâ— lyfe by force of his owne gyfte shal be â—ounden to warrantie All these constiâ—nâ—yons aforesayd were made at westmynster in the parlyament holden next after the feast of saynt Myghell â–ª the .iii. â—ere of the raygne of kynge Edwarde â—â—nne of kynge Henry And from that â—yme forth they shall take effecte ¶ Finis ¶ The statute of Ioyntenauntes made the .xxxiiii. yere of kyng Edwarde the fyrst THe kyng our soueraigne lord vnto all to whome these c. greatyng It is well knowen that among dyuerse establysshementes of lawes which we haue ordeyned in our owne tyme vpon the great and heyghnous myschyef that happen in wryttes of nouell dysseson â—â—yâ—fly aboue other we haue deuysed more spedye remedye in those wryttes then was before And for asmuche as it â—haunseth many tymes in assyses of noâ—ell that the tenant doyth plede agaynst the playntyfe that he holdeth the landes beyng in demauÌ„de ioyntly with his wyfe not only named in the wryt somtyme with a strauÌ„gyer not named in the wrytte and shewyth forthe a dede testefyeng the same and demaundeth iudgement of the wrytte It is agreyd and ordeyned that if the playntyf wyll offer to auerre by assyse that the day of his wryt purchased he that alledged the excepcioÌ„ was sole tenauÌ„t so that nether his wyfe nor any other had any thyng in the said landes then the iustyces before whome the assyse is arrayned shall retayne the same dede saufely in theyr kepyng vntyll the assyse be tryed betwene theÌ„ therupoÌ„ And they shall let the partye absente to vnderstande by our wrytte vnder theyr wytnessyng and also to the ioyntenant that is present of whome the dede maketh mencion that he be present at a certayne daye with the other tenant for to aunswere vnto the parte playntyf aswel vpon the excepcyon alledged as of the landes demaunded and put in vyewe if it seme expedyent for hym at which day if both that are named tenantes do comin do iustefye the same feffement they shal aunswere and maynteyne the excepcyon alledged by one of them further shal aunswere vnto the assyse as though the oryginall had ben purchased agynst both of them ioyntely And if it be proued by assyse that the excepcyon was alledged malycyously for to delay the playntyfe of his ryght so that they helde not the same lande ioyntly the daye of the wrytte purchased then all be it the same assyse do passe for the tenaÌ„tes agaynst the playntyfe yet they that alledged the excepcyon shal be ponyshed by one yeres unprysonment whens they shall not be delyuered without a greuous raunsome And let the iustyces be wel aduysed that fromhensforth they do not allowe an excepcyoÌ„ alledged by the bayllyfes of any suche tenauntes and if he that alledged the excepcioÌ„ absent hymselfe at his day and the other that is named ioyntenant do apere although he iustefye the same dede and saye that he hath nothynge in the foresayd landes â— neuerthelesse the assyse shall passe agaynst hym that is absent by defaute And if it be founde by assyse that they were not ioyntly seased the day of the wrytte purchased lykewyse that the tenaunt agaynste whome the wrytte was purchased or another named in the wryt dyd dyssese the playntyfe then hauyng regard to them that was falsely and malycyously alledged to the hurte of the partye and to the dysseson that they made the playntyf shall recouer his season and double damageâ— and they that alledged the false excepcyon shall haue the ponyshement aforesayd But if neyther of the tenauntes do come in at the daye then vpon theyr defaute the assyse shal passe agaynst them And if it be founde that the same excepcyon was lawfully and truely alledged and that they that alleged it were ioyntly seased before the playntyf purchased his wryt agaynst them the assyse shall passâ— no further but the wrytte shal be abated The same shal be obserued if both or ouâ— do appere if it be fouÌ„de by assyse that the excepcion was truely alledged as before is sayd The same order shal be obserued in assyses of mortdauncetour wryttes of iuris vtrum that the fyrste daye that the partyes appere in court if the tenaÌ„t alledge the sayd excepcion agaynste the demaundant shewyng a dede therupon and the demaundant wyl offer to aucrre by the assyse or iurye that the day of his wryt purchased he that alledged the excepcion was sole tenaunt hereafter the same maner of processe shal be vsed in assyses of mortdauncetour and wryttes of iuris vtruÌ„ as before is ordayned in assyses of nouell dysseson And lyke ponyshement shal be awarded to the offendours But in other wryttes wherby landes at demaunded such processe
lawe and custome of the realme and suche as haue the kynges chartours shall be iudged accordynge to theyr chartours Moreouer the kynge of his specyall grace hathe graunted that all iudgementes that are to be gyuen in plees of Quo warranto by his iustyces at westmynster after the foresayd Easter for the kynge hymselfe if the partyes greuyd wyll come agayne before the kynge he of his grace shall gyue them suche remedye as before is mencyoned Also our soueraygne lorde hath graunted for sparyng the costes expenses of his people that plees of quo warranto fromhensforth shal be pleded and determyned in the circuyte of the iustyces and that all plees nowe depeÌ„dyng shal be aiourned into the shyres vntyll the comynge of the iustyces into those partyes ¶ Finis ¶ An ordynaunce for measures BI the ordynauÌ„ce of the hole realme of Englande the measure of our soueraygne lorde the kynge was made so that an Englyshe penye called a sterlyng rounde and without any clyppyng shall waye .xxxii. wheate cornes in the myddes of the eare and .xx. d. shall make an ounce and .xii. ounces â— â—i and .viii. â—i shall make a galon of wyne and .viii. galons of wyne shall make .i. bushel London which is the .viii. part of a quarter ¶ Finis ¶ A statute for theschequer THe kynge commaundeth that al maner of bayllyfes sheryfes and other offycers aswel the iustyces of Chester other bayllyfes therof as other that be receyuours of wardes of eschetes and other bayly wykes shal be aunswerable in the eschequer and there shal make accompt to the treasourer and barons of the same place And that all sheryfes fermours bayllyfes of fraunchyses and other shall come to profer in the eschequer the monday after the feast of saynt Mychell and the monday after the vtas of Easter for to pay theyr termes rentes and issues belongynge to the kynge And shall brynge at the foresayd termes the foresayd fermes rentes and issues beyng due holly into theschequer as before is meÌ„cyoned And if they make defaute theyr body shall remayne without departynge from thens vntyll they haue payd or made agrement And he that wyll not come at the termes aforesayd shal be admerced after the custome of theschequer and the sheryfes bayllyfes at the same termes shal bryng and pay such money as they haue receyued of the somons of the eschequer and other the kynges dettes And shal be prepared and redye to make full accompte of the thynges aforesayd And that all bayllyfes of fraunchyses whiche ought to leuye the kynges dettes and be aunswerable to the sheryfes therof shal come and accompre suffyciently accordyng to â—he extrâ—ates of the semons of the eschequer And suche as do not theyr bodyes shall remayne in warde of the sheryfes and for defaute of them the sheryfes shall cause the dettes so be leuyed by theyr â—â—ne bayllyfes where they haue power as they haue vsed â—o do in tyme passed And if the bayllyfes do not come in at the daye that the sheryfe shall geue them knowledge the sheâ—yfes shall enter into the same iraunchyses and leuye the dettes with his owne hande Concernynge iustyces of Chester and bayllyfes therof the kynge wylleth that they or one of them shall come at the proffer of sayncte Mychell euery yere when they ought to gyue accompte vnto the kynge and at the profer of the vtas of Easter they shal com lykewyse bryng in that that they owe to the kyng for that terme And the Iustyces of Chester shal haue day to accompte from yere to yere in quindena Pasche And the bayllyfes therof the mondaye of Easter vtas And that all sheryfes of Englande except the sheryfes of westmerlande Lancastre worcestre Rutlande and Cornwal shall fromhensforth kepe all such wardes and eschetes as belong to the kyng which be within theyr shyres and not holde of other fees of the issues wherof they shal be aunswerable in theâ—chequer at the termes aforesayde And at theyr tournes that they make in theyr shyres they shall fynde offyces of such thynges as the kynges eschetours haue not vsed to fynde of that that belongeth vnto the kynge ones or twyse in the yere to as lytle greuaunce of the people as they can And the sheryfes shall sease the escheates that fal to remayne vnto the kynge in fee and shall â—â—tefye the kynge of them without delayâ— And the kynge shall assygne thre able persones that shall go through out the realme to suruey and fynde the wardes and eschetes aforesayd from yere to yere when they shall thynke requysite And the sheryfes by theyr counsell shall approue and lette to ferme or otherwyse such wardes and escheates as they shall thynke most for the kynges aduauÌ„tage And in the fyue shyres before named the kynge wyll that the sheryf of Comberland shal execute the offyce of theschet our in the shyres of westmerland and Lanâ— And the sheryf of NothynghaÌ„ in Rotte lande And the sheryf of Gloucestre in worcestre And the sheryf of Deuonshyre in Cornewall and shall saufely kepe the kynge his wardes and eschetes in the same shyres and shal be aunswerable in the eschequer for the issues of them as well as for theyr owne shyres And the thre persones aforesayd shall suruey and extende such wardes and eschetes aswell there as in other places and shal be approued by theyr counsell And when the sheryfes do account they shall accounte for suche wardes eschetes And in lyke maner shall the iustices of Chestre do theyr bayllyfes also euery one for his baylewyke And the sayd thre persones shal kepe the kynges demeanes and shal approue them as they shall thynke beste for the kynges aduauntage and shal be aunswerable for the issues and they shall haue power to lesse small manors or demeanes to folke of the same places or to other according to theyr dyscretion and shall let them to ferme from yere â—â— yere as they shal thynke most for the kynges aduauntage And the fermours shal be chargeable for theyr fermes vnto the princypall approuers and they vnto the eschequer the monday next after the Ascension from yere to yere And the pryncipall collectours of the custome of wolles at the two termes before mencyoned shall paye all suche money as they haue receyued of the sayd custome and shall make accounte from yere to yere clerely of all parcelles receyued in any of the portes or other places of the realme so that they shall aunswere for euery shyp where it was charged howe moche it caryed whos 's the wolles were and for euery other charge in the shyppe wherof custome is due and for the hole resceyte And the wardeyn of the kynges wardrobe shall make accounte yerely in the eschequer in the feast of saynct Margarete and the treasourer and barons shal be charged by othe that they shall not attende to here the plees or matters of other men whyles they haue to do with the kynges busynes except it be a
matter that coÌ„cernyth the kynges owne dette And when a sheryf or a bayllyf hath begonne his accounte none other shal be receyued to accounte vntyll he that was fyrst admytted hath clerely accounted his money receyued and that the constable marshall chaumberlayne other that are of fee in theschequer fromhensforth shall presente vnto the kynge such as they haue putte in theyr places to do theyr offyces whiche muste be of good fame and sufficyent for whose actes themselues wyll aunswere And the kynge comaundeth the treasourer and barons of theschequer vpon theyr allygeaunce and by the othe that they haue made vnto hym that they shall not assygne any in theyr roumes but suche as this acte meaneth of and that theschequer be not charged with more persones then is necessary And that none of them that be sworne to the kynge shall put in his roume any other clerke or laye person except he be sworne without speciall lyceÌ„se of the treasourer and if any be he shal be forthwith remoued from his offyce And none other shal be receyued in his stede without the kynges lycense And if any that is receyued without the treasourers lycens do trespas afterward ponyshement shall be done aswell to the assygnor as to the assygne accordyng to the trespas And if both be vnsuffycyent theyr soueraygne shal be ponyshed whether be be offycer offce or other And the treasourer shal put no otheri his roume vntyl he hath comauÌ„ded from the kyng And if he that kepyth the roume of a no therby lyceÌ„s of the treasourer doth anythynge that he ought not to do he shal be ponyshed accordynge to the trespas if he haue wherof and if he haue not he that put hym in offyce shall be charged for his trespas and if he that putte hym in offyce be not sufficyent his superior shall be charged wether he be of fee or otherwyfe And they of the house shall make othe that if any of them may perceyue that another doth admytte any offence or other thyng dyshonest in the offyce of the house or that he hath done be fore that they shall certifye it to the treasourer or to the baroÌ„s or to any of them or to the kynge hymselfe if nede requere And that betwene the feaste of S. Margarete before that the eschequer be closed they shall cause to be serched and styne wether any sheryfe or bayllyrÌ„ that ought to haue accounted the same yere haue not therupoÌ„ a remeÌ„braunce or a â—olle shal be made by it selfe And if it â—e a sheryfe his accompt shal be fyrst haâ—d aâ—ter Mychelmas before that any other be receyued to accompt And if he be a bayllyfe he shal be demaunded or dystrayned to come at a certayne day for to account so that no accompte shall be suffered to slepâ— And forasmuch as sheryfes coâ—stables obtayne many tymes outrageous allowances by surmyse of the kynges charges and other thynges done prouyded by theyr commaundement It is prouyded that all surueyours of the kynges busynes shal be chosen by the othe of .xii. men and of such as wyll and may attend best to that offyce And that they be suffycyent to aunswere the kynge iâ— nede be and shall swere that they shall â—ere true and lawfull wytnesse And if the treasourer or baroâ—s of thescâ—equer haue any in suspeccyon of false allowances of charges or other thynges the truthe muste be inquered and he that is attaynted therof shal be charged vnto the kynge for asmuche as the allowance amountyth vnto and shal be imprysoned one yere .xl. dayes and shal be ponysshed at the kynges pleasure and the ouer seers shal be ponyshed for theyr consent â—ykewyse he that vpon thaccompte dyd concele and kepe secrete suche thynges wherof he ought to haue charged hymselfe shal be ponyshed in lyke wyse as â—e that admytted such false allowances And all that iustyces inquerours and other shall fromhensforthe delyuer into theschequer at the feast of S. Mychell from yere to yere the extreates of fynes and amercymentes made and taxed before them and of all thynges wherefore the extreates are wont for to be delyuered there And they of theschequer shall make extreates of the somons throughe all sherys sauynge that the extreates in â—yer of all plees shal be delyuered immedyatly after the eyer made ¶ Finis ¶ The statute of essoynes made the xii yere of Edward the .ii. HEre is declared in what wyse essoynes may be challengyd and in what cases essoynes do not lye an essoyn lyeth not where the lande is taken into the kynges handes Essoyne lyeth not where the partye is dystrayned by his landes Essoyne lyeth not where any iudgement is gyuen therupon if the iurrours do come Essoyne lyeth not where the partye was seene in the courte Essoyne dâ— vltra mare lyeth not wheâ— another tyme the party hath ben essoyned de malo veâ—â—di It lyeth not wherâ— the partye hath essonyd hymselfe another daye It lyeth not where the sheryfe was comaunded to make the partye to appere Essoyne de seruicio regis lyeth not where the partye is a woman It lyeth not in a wrytte of doweâ— where it semethe to be but a dâ—laye of ryght It lyeth not for that the playntyfe hath not founde pledges of sute Iâ— lyeth not where the attorney was essoyned It lyeth not where the partye hath an attorney in his matter It lyeth not where the party hath an attorney in his matter It lyeth not where the essoyneâ— confessyth that he is not in the kynges seruyce It lyeth not where the somonâ— is not retourned or the partye not attached for that the sheryfe hath retourned non est inuentus It lyeth not where the partye another tyme was essoyned de seruicio regis that is to wyâ—e suche a daye and nowe he hath not putte in his warrante It lyeth not where he was resomoned in assyse of mortdauncâ—touâ— or darrâ—yâ— presentment It lyeth not because suche one is not named in the by his â—â—â—yâ— It lyeth not where he had a precept to distrayne the partye for to come by his landes and goodes It lyeth not where any byshoppe was comaunded to cause the partye for to appere It lyeth not for that the terme is passed And iâ— is to be noted that essoynes de seruicio â—nÌ„i regis are allowed after the graund â—ape pety cape and after dystresses taken vpon the landes and goodes ¶ Finis ¶ A statute of the pyllorye made the. Lâ— yere of kynge Henry the thyrde IF a baker or bruer be conuycte because he hath not obserued the assise of bread and ale the fyrste secound and thyrd tyme he shal be amerced accordyng to his offense if it be not ouer greuous but if the offense be greuous and often wyll not be corrected then he shall suffer ponyshement of the body that is to wyte a baker to the pyllorye a bruer to a tumberel or som other correccioÌ„ fyrst .vi. law full men shal be sworne truely to gather
any be impleded for al his land or for parte of the same so that the resydue be not suffycyent to the value of .xc. li. and can proue the same then the dystresse shall cease vntyll the same plee be determyned Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes so that the resydue therof doyth not amouÌ„te to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vntyll the foresayd dette be clerely payed And none shal be dystrayned to take vpoÌ„ hym the ordre of a knyght before that he come vnto the age of .xxi. yeres Also none by reason of any lande that he holdeth in maners whiche be now in auncyent demeane of the crowne as a sokeman and whiche lande also muste gyue â—allage when the kynges demeanes are taylled shal be dystrayned to take vpon hym the ordre of a knyght Also of them that holde theyr laÌ„des in socage of other maners then of the maners of the kyng doynge no foreyn seruyce the rolles of the chauÌ„cery shal be serched for the tyme of the kynges predecessours And it shal be done as it hath vsed to be done In lyke maner shal be done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye Also none shal be dystrayned for his burgage landes although they do amounte to the value of .xx. li. yerely or more Also they that ought to be knyghtes and be not whiche haue holden theyr landes in theyr handes but a small tyme. And lykewyse knyghtes that do pretende great age or defaute of theyr membres or any other incurable dysease or charge of theyr chyldren or of plees or do alledge such necessary excuses they shall go vnto Roberte Typtofte and Anthonye de Becke and shall make fyne before them to whom it is enioyned that accordyng to theyr dyscresyons they shall admytte the reasonable fynes of al such persons ¶ Here endyth the statute of knyghtes ⸫ ¶ A statute of waste made the â–ª xx yere of kyng Ed .i. WIllyam Boteller whiche is within age in warde of our soueraygne lorde the kyng hath shewed vn to the kynge that where Gawen Buteller his brother whose heyre he is hadde impleded one walter de Hapeton by the kynges wrytte for waste and dystruccyon made by hym in certeyn his landes and tenementes which the same walter helde for terme of his lyfe of the inherytaunce of the foresayde Gawyn in wymme and Thyrke And the aforesayd Gawyn before he had opteyned iudgement dyed After whose death the aforsayd wyllyam by a lyke wrytte impleded the foresayd walter for the waste distruccyon made by hym of longe tyme. The same walter before Gylbert Thorneton and his compaygnyoÌ„s assygned to here the kynges plees came in sayd that he ought not to aunswere the same wyllyam for the waste and dystruccion made in the tyme of any other before the ryght of the sayde inherytaunce discended vnto hym and therupon demaunded iudgement And for asmuch as certayne iustyces dyd not agree in gyueng of the sayd iudgement because it seamed to sume that it was not agreable to the lawe if another persone shulde opteyne auauntage recompense by the foresayde wryt whiche is a wrytte of trespas done to a persone certayne but onely the same persone to whome and in whole tyme the trespas was done Other iustyces with the more part of the kynges counsel were in the contrarye opinion alledgynge by dyuerse reasons that the sayd wyllyam ought to be harde and aunswered vnto and al other what so euer they be in lyke cases or iÌ„ lyke trespaces and for because lyke matters haue remayned not amended lyke trespaces vnponyshed which was inconuenient Our soueraygne lord the kynge in his full parlyament holden the daye after the feaste of the Purificacion in the .xx. yere of his reygne by a generall counsell hath ordeyned and from hensforth hath comaunded to be straytly obserued that euery heyre in whose warde so euer he be and aswell within age as of full age shall haue his recouerye by a wrytte of waste in the foresayd case and also in other where the same wrytte ought to holde place and it shall holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his auÌ„cetours as at any other tyme that the fee and inherytaunce dyscended vnto hym and shal be aunswered vnto therfore And that he shall recouer the landes wasted and damages as it is ordeyned in the laste statute of westmynster of damages to be recouered iÌ„ a wryt of waste if the tenaunt be conuycte for the waste And it is comaunded by the kynge hymselfe vnto the same Gylbert Thorneton and his compaygnyoÌ„s that they do procede in the foresayd matter and in other lyke fromhensforthe and iudgement shal be gyuen accordynge as the matter is founde And lykewyse it is comaunded vnto the iustyces that they shall cause all the aforesayd thynges to be straytly obserued before them fromhensforth ⸫ ¶ Here endyth the statute of waste ⸫ ¶ A statute of weyghtes and measures made the. Li. yere of K. Henry the thyrde THe standarde bushelles galons and elles shal be signed with an yroÌ„ scale of our soueraygne lorde the kynge saufely kept vnder the payne of an hundred li. And no measure shall be in any towne without it do agree with the kynges measure marked with the seale of the shere towne If any do sell or bye by measures vnsealed and not examyned by the mayer or bayllyfes he shal be greuously amerced And all measures of any towne both great small shal be vewed and examined twyse in a yere If any be coÌ„uyct for a double measure that is to wyte a greater for to bye with a small to sell with he shal be imprysoned for his falshode and shall be greuously ponyshed The standard busshelles and elles shal be in the custodie of the mayer and bayllyfes and of syx lawfull persones of the same towne beynge sworne before whome all measures shal be sealed No maner of grayne shall be solde by the heppe or cautell except it be â—tes malte and fetche ¶ Finis ¶ The statute of forstallours made cÌ„ ⸫ IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shal be dwellyng in any towne which is an oppressor of pore people manyfestly and a comon enemye of the hole shyre and countre whiche for gredynes of shamefull lucre doth preueÌ„t other in byeng grayne fyshe herryng or any other thynge to be solde comyng by lande or watter oppressyng the pore and despysyng the ryche which carryeth awaye suche thynges entendyng to sell them more dere The which comyng to marchauntes straungers that brynge marchauÌ„dyse offeryng them to bye and informyng theÌ„ that theyr goodes myght be derer sold then they intended to sell
an hole towne or a countre is deceyued by such craft and subtilitie Fyrst he that is conuyct shal be amerced and shall lese the thynge so bought that accordyng to the custome ordinauÌ„ce of the towne he that is conuycte the secounde tyme shall haue iudgement of the pyllorye At the thyrde tyme he shall be imprysoned â— raunsomed the fourth tyme he shall abiure the towne and this iudgement shal be gyuen vpon all maner of forstallours and lykewyse vpon them that haue gyuen them counsell helpe or fauour ¶ Finis ¶ The statute of pryses THis artycle concernynge pryses made by kyng Edwarde father to our soueraygne lorde the kyng that now is amonge other artycles made by hym in lyke maner for the amendemeÌ„t of his people at his parlyament at westmynster the .xxviii. yere of his reygne which artycle our soueraygne lorde the kynge wylleth for to be kept to the profytte of his people vpon the paynes conteyned in the same article For asmuch as there is a greate greuaunce in the realme and damages without measure for that that the offycers of the kynges housholde as wel alyens as denyzens make theyr pryses there where the passe through the realme and take the goodes of the people aswell spirituall as temporall without payng any thyng or much leser then the value It is ordeyned fromhensforthe that none shall make pryses for the kyng through the realme but the purueours for the kynges house for pryses that they shall make in the countre of meate or drynke and other necessarye thynges for the house they shal paye or agre with them of whom the thynges were taken and that all the kyngers takers purueyours shal haue fromhensforth theyr warraÌ„te with them of the kynges great or pette seale conteynyng theyr power the kynges wherof he shall make pryses or purueance the whiche warrante they shall shewe to them of whome they do make theyr pryses before they do take any thyng And that such takers or purueyours for the kyng shall not take any more then is necessarie or nedeful for the kynge his housholde and his chyldren And that they take no thynge for suche as be in wages nor for no other that he shall aunswer fully in the warderobe of the house without makyng any other where larges or lyaâ—â—â— of thynges takeÌ„ for the kynge And if any purueyour for the kinges house by warrant hath made pryses otherwyse then is lymytted before vpon complaynie made to the stewarde and to the treasourer of the kynges house the truthe shal be inquered and if he be attaynted therof agrement shal be made to the playntyfe ymmediatly and he shal be put out of the kynges seruyce for euer shall remayne in pryson at the kynges pleasure And if any make pryses without warrant and doyth carray them away agaynste the wyll of hym to whome the goodes dyd belonge he shal be arrested forthewith by the towne where the pryse was made and carryed vnto the next gaole and if he be therof attaynted he shal be ponyshed as he shuld be for felonye if the value of the goodes do so requyre ¶ Finis ¶ An ordynaunce of purchasyng lybertes made the .xxvii. yere of kynge Edwarde .i. IT is to be vnderstanden that the kynge ordeyned at westmynster the fyrste day of Apryll the .xxvii. yere of his raygne that such as wolde purchase a newe parke Men of relygion that wold amortyse landes or tenementes shulde haue wryttesout of the kynges chauncery for to inquere vpon the poyntes accustomed of suche thynges and that â—â— questes of landes or tenementes that be worth yerely more then .xx. li. that is to wyte by extente be retourned into the eschequer and there to make fyne for the amortizynges or for hauynge a parke if the inquestes do passe for hym that purchased them and afterward it shal be certefyed vnto the chauncellour or his depute that he take a resonable fyne therfore accordynge to the quantyte of the thynge and after to delyuer it In lyke maner they shall do that wyll purchase landes or tenemeÌ„tes holden of the kyng in chyefe Also folke dwellynge beyonde the see that haue landes tenementes or rentes in Englande and wyll purchase lettres of proteccyon or wyl make generall attorneys they shal be sent vnto the eschequer and there shall make theyr fynes and fromthens shal be sent vnto the chauncellour or his deputye for that that he ought to do therin In lyke maner they shall do that wyll purchase any fayre markette warreyn or any other lyberte Also suche as wyll purchase attermynement of theyr dettes shal be sent into the eschequer Also suche as be not able to trauaylle and folke that dwell in ferre countyes which plede or be impleded shal haue a wrytte out of the chauncery to some sufficyent man that shal receyue the attorneys when nede is And for a remembraunce of these thynges there is an indenture made dyuided into thre partes wherof one parte remayneth in the chauncerye another in theschequer the thyrde in the garderobe ¶ Finis ¶ A statute of the Leap yere made the .xxi. yere of K. Henry .iii. THe kynge vnto his Iustyces of the benche greatynge Knoweye that where within our royalme of Englande it was doubted of the yere and daye that were wont to be assygned vnto syke persones beynge impleded when and front what day of the yere goyng before vnto another day of the yere folowing the yere and daye in a leap yere ought to be takeÌ„ and rekened how longe it stode We therfore wyllynge that a conformyte be obserued in this behalf euery where within our realme and to auoyde all daungyer from such as be in plee Haue prouyded and by the counsell of our faythfull subiectes haue ordeyned that to esche we froÌ„ hensforthe all doubte ambiguyte that myght aryse hereupon the daye increasynge in the leap yere shal be accompted for ¶ A statute of the extente of a maner made the .iiii. yere of K. Edward the fyrst ⸫ FIrste it is to be inquered of castelles also of other buyldinges dyched about what the walles buyldynges tymbre stone leade and other maner of coueryng is worth And howe they may be solde accordyng to the very value of the same walles and buyldyng And for how much the buyldynges without the dyche maye be solde and what they be worthe with the gardeyns curtylages douehouses and all other issues of the courte by yere It is to be inquered also howe many feldes are of the demeanes and how many acres are in euery felde and what euery acre is worthe by the yere Also howe many acres of medowe are of the demeanes and howe muche euery acre by it self is worth by the yere to be let out Also howe many acres of pasture there be and for what beastes or catelles the same pasture is most necessarye and howe many it wyll fynde and of what maner and what the pasture of euery beast is worth to be
of those inquestes or some of them be not indyfferent for the kynge yet such inquestes shal not remayne vntaken for that cause that is to say if any of them that sue for the kyng wyl challenge any of those iurours they shall assygne for theyr callenge a cause certayne and the truth of the same challenge shal be inquered whyther it be true or not after the dyscrecyon of the iustyces so the ordynaunce precedent the ordynaunce folowyng of the foreste were made in the parlyament at westmynster the sonday nexte before the feast of saynct Mathew Apostle the .xxxiii. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ An ordynaunce of the foreste made the .xxxiii. yere of K. Edwarde the fyrst UUhere as certayne people that be putte out of the foreste for the purlyew and by greate men haue made request to our soueraygne lorde the kynge at this parlyament that they myght be acquyted of theyr charge and of thynges that the forestars demaunde of them as they were wont to be â—ur soueraygne lorde the kynge aunswered fyrste that where he hadde graunted purlyew that he was pleased that it shulde stande in lyke maner as it was graunted all be it that the thynge were suyd and demaundyd in an euyll tyme neuerthelesse he wylleth and intendeth that all his demeaÌ„ landes where so euer they be that haue ben of the crowne be retourned by waye of escheate or otherwyse shall haue escheate of fre chase and fre warren and in suche maner shal be saued and kepte to his vse for all maner of eschetes and for all maner of thynges that pleaseth hym And iÌ„ ryght of them that haue landes and tenementes disaforested for the sayd purlyew and suche as demaunde to haue comen within the bouÌ„des of forestes The entent and wyll of our soueraygne lord the kyng is that fromhensforth where purlyew is they may clayme to be quyte of porture of the forestes and where as the kynges beastes can not haue theyr haunte repayre vpon the foreste grounde as they had so longe as they were within the forestes that such folke shal not haue comon nor other easement within the boundes of the woodes nor of the landes the which remayne in foreste but if any of them that be dysaforested by the purlyew wold rather be within the forest as they were before then to be out of the foreste as they be now It pleasyth the kyng very wel that they shal be receyued therunto so that they may remayne in theyr auncyent estate and shall haue comen and other easement aswell as they had before Wherupon our soueraygne lord the kyng wylleth and comaundeth that his iustyces of the forestes on this syde Trent and beyonde Trent in lyke maner shall kepe and holde and cause to be kept and holden straytly the foresayde poyntes within theyr lybertes in the fourme aboue mencyoned ¶ Finis ¶ A statute of conspiratours made the .xxxiii. yere of kynge Edward .i. ⸫ WHereit is coÌ„teined iÌ„ our statute that n one of our courte shal take any ple to chaÌ„per tye by crafte nor by engyn pleders apprentyses attorneys stewardes of great men bayllyfes nor any other of the realme shal take for mayntenauÌ„ce or other lyke bargayne any maner of sute or plee thorough out the realme wherby they that be ryche are greuyd and pore men trauayled in dyuers maners It is prouyded by a comon accorde that all such as fromhensforthe shall be attaynted â–ª of suche empryses sutes or bargeyns and suche as consente to suche maner of dealyng shal haue imprysonment of .iii. yeres and shal be raunsomed at the kynges pleasure Gyuen at Berwyke vpon Twede the .xx. yere of the reygne of kyng Edwarde Our soueraygne lorde the kynge at the informacyon of Gylberte â—owbery clerke of his counsell hath comaunded that who so euer wyll complayne hymselfe of coÌ„spyratours of false quareles vpholders inuentours and maynteynours of false matters parte takers therof brokers of debates that Gylbert of Thorneton shall cause them to be attached by his wryt that they be afore our soueraygne lorde the kynge to aunswere vnto the playntyfes by this wrytte folowynge Ker vicecÌ„ salutem Precipimus tibi quam si A. de G. fecerit le securum de clamore suo prosequendo tunc â—onâ— per vadium et saluos plegios G. de C. quam sit coram nobis in octauis sancti Iohannis Baptyste vbicunque tunc â—ucâ—â—mus in Anglia ad respondendum predicto A. de placito conspirationis et transgressionis secundum ordinacionem nostram nuper inde prouisam sicut ibidem A. ratinabiliter monstrare poterit quod ei inde respondere debeat Et habeas ibi nomina plegiorum et hoâ— breue Teste cÌ„ ¶ Here endyth the statute of conspiratours ⸫ ¶ An ordynaunce of measuryng lande made the .xxxiii. yere of kynge Edwarde the fyrst WHen an acre of lande conteineth .x. perches in leÌ„gth then it shall be in bredeth xvi perches when it conteyneth .xi. perches iÌ„ leÌ„gth then it shall be in bredeth .xiiii. dimÌ„ qÌ„r one fote when it is .xii. theÌ„ xiii and one fote when it is 13. then 13. 5. fote 1. ynche when 14. then 11. fote 1. ynche when 15. then 10. and dimÌ„ 2. fote and dimÌ„ when 16. then 10. when 17. theÌ„ 11. 3. fote 3. ynches and dimÌ„ when 18. then 8. dimÌ„ 6. fote and dimÌ„ 5. ynches when 19. then 8. 6. fote 4. ynches and dimÌ„ when 20. then 8. perches when 21. then 8. perches and dimÌ„ 2. fote 1. ynche when 22. then 7. 1. qÌ„t 8. ynches dimÌ„ when 23. then 6. and dimÌ„ .iii. ynches 6. fote and dimÌ„ when 24. then 6. and dimÌ„ 2. fote and dimÌ„ 3. ynches when 25. then 6. and. 1. qÌ„t 2. fote and dimÌ„ ynche when 26. then 5. and dimÌ„ 6. fote 2. ynches when 27. then 5. and dimÌ„ 3. fote when 28. then 5. 7. fote and dimÌ„ when 29. theÌ„ 5. 7. fote and dimÌ„ when 30. then 5. 6. fote when 31. then 5. 2. fote and dimÌ„ when 32. then 5. when 33. then 4. dimÌ„ 1. qÌ„r 1. fote dimÌ„ 1. ynche when 34. then 4. and dimÌ„ 3. fote 4. ynches and dimÌ„ 1. qÌ„t when 35. then 4. and. 1. dimÌ„ 1. fote 2. ynches and dimÌ„ when 36. then 4. and 1. qÌ„t 3. fote 5. ynches and dimÌ„ when 37. then 4. 1. qÌ„t 3. fote and dimÌ„ when 38. then 4. fote and dimÌ„ when 39. then 4. 1. fote and dimÌ„ 2. ynches and dimÌ„ when 40. then 4. when 41. then 3. and dimÌ„ 1. qÌ„t 2. fote and dimÌ„ when 42. then 3. 1. qÌ„t 1. fote when 43. then 3. 2. fote and dimÌ„ when 44. then 3. and dimÌ„ 1. fote and. 5. ynches when 45. then 3. and dimÌ„ ¶ Finis ¶ Here foloweth the statute of Acton Burnell made the .xiii. yere of K. Ed .i. FOrasmuch as merchauntes which hertofore haue lente theyr goodes to dyuerse persones be greatly impoueryshed because there is no spedy law
of dettes nor of other thynges but of such only as concerne them of the kynges house nor shall holde none other plee by oblygacyon at the determinacioÌ„ of the stewarde or the marshall And if they attempte any thynge contrarye to this ordynaunce it shall be holden as voyde And forasmuch as heretofore many felonyes that haue ben commytted within the vierge haue ben vnponished all because the coroners of the counâ—re haue not ben authorysed to inquere of felonyes done within the vierge but only the coroner of the kynges house which neuer coÌ„tynueth in one place by reason wherof there can be no tryall made in due maner nor the felons put in exigent nor outlawed nor no thynge presented in the circuyte the which hath ben aswel to the great damage of the kynge as to the dysturbaunce of his peace It is ordeyned that fromhensforthe in cases of the death of men wherof the coroners offyce is to make vyew inquest it shal be comauÌ„ded to the coroner of the couÌ„tre that he with the coroner of the kynges house shall do as belongyth to his offyce and enrolle it And that thynge that can not be determyned before the stewarde where the feloÌ„s can not be attached or for other lyke cause shal be remytted to the comon lawe so that exâ—gendes ontlawryes presentmentes shall be made therupoÌ„ in the â—â—rcuyte by the coroner of the â—tuÌ„re aswel as of other felonyes done out of the vâ—erge neuertheles they shall not omyt by reson hereof to make attachmentes fresheâ—y vpon the felonyes done 4. Moreouer no comoÌ„ plee shal be froÌ„hensforth holdeÌ„ in theschequer coÌ„trary to the fourme of the great chartour 5. And on the other partye the kynge wyll that the chauÌ„cellour the iustyces of his bench shall folowe hym so that he may haue at all tymes nere vnto hym sâ—â—e that be learned in the lawes which be able dâ—â—â—y â—â— ordre all suche matters as shall com vnto the court at all tymes when â—â—d◠〈…〉 quyre 6. 〈…〉 shall no wrytte froÌ„hensforth that 〈…〉 comon lawe go forth vnder any of the pâ—â—y seales 7. The constable of the castel of Douer shal not froÌ„hensforth holde any plee of a foreyn couÌ„tie within the castell gate except it towche the kepyng of the castell nor the sayd constable shal not dystrayâ— the inhabyâ—auntes of the fyue portes to plede any otherwhere nor otherwyse then they ought after the fourme of theyr chartours obtayned of kynges for theyr olde frauÌ„chyses coÌ„fermed by the greate chartours 8. The kynge hath grauÌ„ted vnto his people that they shall haue eleccyon of theyr sheryfe in euery shyre where the shryualte is not of fee if they Westâ—â— â— Capt. 58 lyste 9. The kyng wylleth comaundeth that no sheryfe nor bayllyfe shall impanell in inquestes iuryes ouer many persones nor otherwyse then it is ordeyned by the estatute that they shall put in inqueste suche as be nexte neyghbours most sufficyent lest suspicyous And he that otherwyse doyth be attaynted therupon shall paye vnto the playntyfe his damages double shal be greuously amerced vnto the kynge 10. In ryght of coÌ„spiratours false infourmours imbraceous of assyses inquestes iuryes the kynge hath prouyded remedy for the playntyfes by a wryt out of the chauncery And fromhensforth the kyng woll that the iustyces of eyther benche assygned to take assyses when they come into the cuntre to do theyr offyce shal vpon euery playnte made vnto them awarde inquestes therupon without wrytte and shall do ryght vnto the playntyfes without further delaye 11. And for because the kyng hath heretofore ordeyned by estatute that none of his mynistres shal take no ple for mayntenauÌ„ce by which estatute other officers were not boundeÌ„ before this tyme. The kynge wyl that no offycer nor any other for to obtayne part of the thyng in plee shall bere any matter that is in suyte Nor none vpon any such couenauÌ„t shall gyue vp his ryght to another if any do and be attaynted therof the taker shal forfayte vnto the kynge so much of his landes and goodes as doth amount to the value of the part that he hath purchased for such mayntenaunce And for this atteyndâ—e who so euer wyl sue for the kyng before the iustyces afore whoÌ„ the plee hangeth shal be admytted therto â–ª and the iudgement shal be gyuen by them But it may not be vnderstanden hereby that any persone shal be prohybytte to haue counsel of pleders or of lerned men in the lawe for his fee or of his next frendes 12. Fromhensforth the kyng wyl that such dystresses as are to be taken for his dettes shall not be made vpon horses of the ploughe so longe as they may fynde any other vpon the same payne that is ordeyned by the estatute And wyll not that to great dystresses be taken for his dettes nor dryuen to ferre and if the dettour can fynde able and conuenieÌ„t suretye for a daye within which a man may purchase remedie â—or to agree with the demaunde the dystres shall be relessed in the mean tyme and he that otherwyse doth shal be greuously ponyshed 13. And for asmuche as the kynge hath graunted the eleccyon of sheryfes vnto the comons of the shyre the kynge wyll that they shall chuse suche sheryfes that shall not charge them and that they shal not put any offycer in authoryte for rewardes or brybes And that they shall not lodge to ofte in one place nor with pore persones or men of relygion 14. Fromhensforthe the kynge wyll that his bayllewykes hundredes nor of other great lordes of the lande be not let to ferme at two greate soms wherby the people is ouercharged by makynge contribucyon to such fermes 15. In somons attachemeÌ„tes in plee of lande the wryttes froÌ„hensforth shall conteyne .xv. dayes full at the leste after the comoÌ„ lawe if it be not an attahcmeÌ„t of assyses taken in the kynges presence or of plees before iustyces iÌ„ eyre duryng the eyre 16. Suche execucion shall be done of them that make false retournes of wryttes wherby ryght is deferred as is ordeyned in the secound statute of westmynster with lyke payn at the kynges comaundemente 17. And for asmuch as there is more increase of malefactours in the realme then is expedient for the comon welth that robboryes murdres maÌ„â—laughters are comytted out of measure the peas lytle obserued by reason that the statute which the kyng not long past made at wynchestre is not obserued The kynge wyll that the same statute be sente agayne into euery countie to be red publyshed foure tymes in the yere kept in euery poynt as straytly as the two great chartours vpon the paynes therin lymytted And for the obseruyng mayntenauÌ„ce of this statute the knyghtes that be assygned in the shyres for to redresse thynges â—one agaynst the sayd great chartours shal be charged shall haue theyr warrante therfore 18. For redresse
folio 65. Audiendo et terminando folio 83. B. Bankes and Brydges folio 5. Ballyâ—es folio 7. 89. 177. Barâ—s of the eschequer folio 125. 127. Bastardy folio 17. Benche of the kynge folio 187. Bigamy folio 141. C. Castellaynes folio 5. 33. Cessauit folio 52. 78. Chalenge folio 177. ChaÌ„pertie fo 41. 99. 110. 123. 179. 188. Chapyters folio 41. Charter of pardon folio 54. Certificacyon folio 82. Chauncerye folio 79. Chimynage folio 13. Churchyardes folio 104. Clergie clerkes folio 5. 28. 32. 117. Collusion folio 54. Comen plee folio 4. 147. Compos mentis folio 135. Conspiracie folio 123. 179. 188. Consultacion folio 159. Contra formaÌ„ collacionis fol. 93. Contra formam feoffamen 2. fol. 22. Coperceners folio 2. 154. 148. Croppe fol. 14. Corrodie folio 116. Coroners folio 34. 160. Crowne folio 5. Cosynage folio 78. Counter plee of voucher folio 48. 129. Countie folio 8. Crosses folio 86. Cui in vita folio 52. 61. D. Damages folio 14. 23. 50. Darreyn presentment folio 4. Daye folio 14. 145. Dette to the kynge folio 3. 5. Dette folio 74. 106. Dysceyte folio 42. Dysseson with force folio 45. Distresse fol. 5. 19. 20. 25. 27. 36. 37. 89. 123. 189. 115. Dower folio 3. 14. 49. 58. 86. Disperagment folio 3. E. Eleccyons folio 33. 116. 189. Embrasours folio 188. Entre folio 29. 53. 62. Escape folio 32. Eschequer folio 151. Eschete folio 6. 136. 137. Escuage folio 9. Essoyne folio 25. 27. 47. 53. 54. 75. 77. 82. 155. Estretes folio 154. 124. Estripament folio 55. Excepcion folio 84. Excommunicacion folio 114. 116. Execucion 77. 96. Executors folio 78. Exempcion folio 25. Extorsion folio 42. 43. F. False iudgement folio 27. Fayre pledyng folio 24. 33. Fees of the courte folio 41. Felonie folio 158. Felons goodes landes folio 137. Ferme folio 189. Fyne to the kynge folio 6. Fynes folio 124. 127. 163. Foren folio 40. 44. Forest folio 10. 158. Forstallers folio 168. Franke plege folio 8. 110. G. Gauelkynde folio 137. Gayle delyuere folio 125. Golde smythes folio 190. H. Hawkes folio 12. Homage folio 94. 95. 138. 148. Hostery folio 102. Houses of religion folio 30. 28. 110. Hundredars folio 147. I. Inquestes folio 56. 101. Indicauit folio 144. Ioyntenauncie folio 142. Irelande folio 149. Issues folio 90. 91. 124. Iuris vtrum folio 79. 89. 188. Iurour folio 27. 84. 118. Iustice folio 19. 20. 39. Iustices in eyre fol. 26. 27. 73. 150. Iustices of assyse folio 83. 175. Iustices of both benches folio 48. K. Knyghtes folio 165. L. Landes of felons folio 137. Leape yere folio 171. Lyberties fol. 1. 4. 13. 30. 117. Limytacion folio 7. 45. 98. Lyuerey folio 146. 190. London folio 54. 55. 164. Lordes folio 8. 25. 70. 88. M. Maynpryse folio 36. 124. Marchauntes folio 7. 105. 181. Marshalsie folio 186. 187. Meane folio 70. Mordauncetor folio 4. 25. 53. 64. Mortmayne folio 8. 85. 100. 109. Murage folio 42. Murder folio 28. 54. N. Nâ— iniuste vexes folio 4. Nisi prius folio 83. 126. 131. Non clayme folio 59. Nusance folio 79. Nexte frende folio 17. 26. 76. O. Offycers folio 42. Ordynaryes folio 77. P. Panell folio 188. Parkes warrens folio 18. 39. 158. Payne harde strayâ—e folio 35. Peers of the realme folio 5. 7. Pyllory folio 156. Plegges folio 3. Pryson prysoners folio 358. Prerogatyue of the kyng folio 133. Precipe in capite folio 6. Primer season folio 133. Priuylege folio 95. Proces folio 27. 74. 172. 189. Prohybicyon fo 120. 121. 113. 114. 115. Proteccion folio 162. Purgacion folio 32. Purpresture folio 141. Purlyewe folio 178. Purueyours fol. 6. 30. 43. 169. 185. Q. Quart impedit folio 14 .lxv. Quarentin folio 3. Quod eâ—deforciat folio 64. Quod permittat folio 79. Quo warranto folio 149. 174. R. Rape folio .lv. 86. Rauyshement of warde folio 8. 7. Recordes folio 70. Redysseson folio .xv. 22. 82. Releffe folio 2. 138. Repleuyn folio 27. 37. 60. Resceyte folio 62. Residens folio 115. Reasonable ayde folio 44. Returne of shryues bayllyfes 90. 132. Retourne of beastes folio 61. Ryght folio 6. 7. 47. 68. Ryuers folio 98. Robbery folio 101. 102. 186. S. Salmons folio 98. Scotall folio 11. Shryues folio 38. 122. 126. 147. Statute marchaunt fol. 105. 181. Sturgeons folio 136. Suyte folio 22. Suspeccion folio 103. Swanymote folio .xi. T. Tayle folio 58. Tellers of newâ—tydynges folio 43. Tenauntes in comen folio 78. Tenaunt by the courtesie folio 58. Tenure folio 100. Tolle folio 42. Tourne of shrynes fo 8. 14. 75. Trespas folio 18. 30. 39. 53. 86. V. Vacacions folio .viii. wager of lawe folio 7. warrante folio .li. 141 .lxviii. 92. warde folio 2. 3. 7 .xvi. xxi 40. 49 .lxxvii. aud .lxxxvii. waste folio 2. 3 .xvi. 40 .lii. lxxvi .lxxviii. C ixvi C xâ— watches folio C ii weyghtes and measures folio 6. C xi C l. C lvi weres folio .v. vi wedowes folio 3. 14. 134. Vyewe folio 99. wytnesse folio C xxxi women caryed away folio .lxxxvi. Voucher Loke in counter plee wrecke folio 32. C xxxvi wryttes folio 53. C lxxxvii â—â—â—ry folio .xvi. â—â—larie folio .x. ¶ Finis ¶ Thus endyth the boke called Magna Carta translated out of Latyn Frenshe into Englyshe by George Ferrerz ⸫ Imprynted at London in Fletestrete by me Robert Redman dwellyng at the sygne of the George nexte to Saynt Dunstones church ¶ Cum priuilegio Re galj R. Redman
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
at westmynster or in the kynges benche or before iustyces assygned to take assyses or in any shyre before sheryfes or in any court baroÌ„ may make theyr generall attorney to sue for them in all plees in the circuyte of iustyces moued or to be moued for theÌ„ or agaynst them duryng the circuyte which attorneys shall haue full power in all plees beyng moued duryng the circuyte vntyll the ple be determyned or that his mayster do dyscharge hym nor they shal be excused therby but that they shal be put in iuryes and assyses before the same iustyces ¶ The .xi. Chapiter COncernyng seruauÌ„tes bayllyfes chaumberlaynes and all maner of receyuers it is agreyd ordayned that when the maysters of such receyuours do assygne audytours to take theyr accounte and they be founde in arrerages vpon theyr accouÌ„te all thynges allowed and to be allowed theyr bodyes shal be arrested and by awarde of the audytors of the same account shal be sent vnto the nexte gayle of the kynges in those partyes and shal be receyued of the sheryf or gaylor and imprysoned in yron and vnder saufe kepyng and shall remayne at theyr owne coste vntyll they haue satysfyed theyr maysters clerely of the arrerages neuertheles if any ê‘sone beyng so commytted to pryson doo conplayne that the audytours of his account haue greued hym vniustly chargynge hym with receytes that he hath not receyued or not allowyng hym expences reasonable and do fynde frendes that wyll vndertake to brynge hym before the baroÌ„s of the eschequer the partye shal be delyuered to them And the sheryf in whose pryson he is kept shall gyue knowledge vnto his mayster that he apere before the barons of the eschequer at a certayne daye with the rolles and taylles that the accounte was gyuen by and in the presence of the barons or the audytors that they shall assygne hym the accounte shal be rehersed and iustyce shal be done to the partyes so that if he be founde in arrerages he shal be coÌ„mytted to the flete as aboue is sayd and if he fle and wyll not gyue accounte as is conteyned in the other statutes he shal be dystrayned to come before the iustyces to make his accouÌ„te if he haue wherof to be dystrayned and when he cometh into the court audytors shal be assygned to take his accounte before whome if he be founde in arrerages and can not pay the arrerages forthwith he shal be commytted to the gayle in maner aforesayd And if he fle and it be retourned by the sheryf that he can not be founde exigentes shall go agaynste hym from countye to countye vntyll he be outlawed the prysoner shal not be repleuysable and let the sheryf or gaylour take hede if it be within a fraunchyze or without that he do not suffer hym to goo at large by the comoÌ„ wrytte called Replegiaâ—e or other wyse without assent of his master And if he do and therof be conuyet he shal be aunswerable to the partye greued of the damages done to hym by suche his seruaunte after as it may be founde by the counte and shall haue his recouerye by a wrytte of dette And if the gaylour haue not wherwith he maye paye his superior that commytted the custodye of the gayle vnto hym shal be aunswerable by the same wrytte ¶ The .xii. Chapitre FOr asmuch as many through malyce inteÌ„dyng to greue other men do procure false appeales of murder and felony to be sued by appellours hauyng nothing to satisfye our soueraygne lord the kynge nor the partyes appealed for the damages sustayned by theyr false appealle It is ordayned that when any beynge appealed of felonye do acquyte hymselfe in due maner ether at the sute of the appellour or the kynges the iustyces before whome the appeall was hard and tryed shall ponyshe the appeallour by a yeres imprysonment and a daye the appeallours shall neuertheles restore to the partyes appealed theyr damages accordyng to the dyscrecyon of the iustyces hauyng respecte to the prysonyng or arrestyng that the party hath sustayned by reason of the appeall to the sclaunder and infamye that they haue suffered by imprysonment or otherwyse and shal neuerthelesse be greuously raunsomed vnto the kynge And if the appealours be not able to recompense the damages it shal be inquered by whose procurynge or abbettement the appeall was commeÌ„sed or by whose malyce if the partye appealled desyre it And if it be founde by inquest that any man is abbeâ—â—our vpon malyce at the sute of the partye appealled he shal be dystrayned by a iudycyall wrytte to come before the iustyces And if he be lawfully conuyete of such abbettement malycyous he shal be ponyshed by imprysonment and shall paye damages as before is sayd of the appeallour And fromhensforth in appeall of murdre there shal no essoyn lye for any cause in what so euer courte the appeall shall happe to be determyned ¶ The .xiii. Chapitre FOr asmuche also as sheryfes faynyng many tymes certayne persones to be indyted before them in theyr turnes of felonyes and other trespasses do take dyuerse persons that are not gylte and such as are not indyted lawfully and imprysone them to the entent that they myght extorte money from them where as they were not lawfully indyted by .xii. meÌ„ It is ordeyned that sheryfes in theyr turnes in other place where they haue to inquyre of trespassers by the kynges precepte or by offyce shall cause such inquestes to be taken by lawfull men by .xii. at the leste which shall putte theyr seales to suche inquisycyons and such as shal be founde culpaple by such inquestes they shall take and imprysone as they haue vsed afore tymes to do if they do imprysone other theÌ„ such as hath ben indyted by inquest the partyes imprysoned shal haue theyr accyoÌ„ by a wrytte of false imprysonmeÌ„t agaynst the sheryfes as they shold haue agaynste any other persone that shulde impryson them without warrauÌ„te And as it hath ben sayd by sheryfes so shall it be obserued agaynste the bayllyffes of any fraunchyse ¶ The .xiiii. Chap. UUhere as for waste done in the inherytaunce of any person by gardeyns tenantes in dower tenantes by the curtezye or otherwyse for â—eâ—me of lyfe or yeres a wrytte of prohybicyon of waste hath ben vsed to be graunted by whiche wrytte many were in doute thynkynge that suche as had done the waste shulde not nede to aunswere but onely for waste done after the prohibycion to them directed Our soueraygne lorde the kynge to putte this case out of doute from this tyme forth hath ordeyned that of all maner of waste done to the hurte of any persone there shal be fromhensforth no wrytte of prohybucioÌ„ but onely of somons so that he of whom the complaynt is shall aunswere for waste done at any tyme and if he come not after the somons he shal be attached and after the attachement he shal be dystrayned and if he come not after the dystres the