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
all measures of the towne that is to wyte â—ushels halfe quarter bushels galoÌ„s pottelles and quartes aswell of tauernes as of other places Measures and weyghtes that is to wyte poundes halfe poundes and other lytle weyghtes wherwith bread of the towne or of the court is wayed that is to say one lofe of euery sorte of bread and vpon euery measure ell weyght also vpon euery lofe the name of the owner shal be wryteÌ„ and lykewyse they shall gather the measures of mylles After which the sayd .xii. lawful men shall swere to make true auÌ„swere to all suche thynges as shal be demaunded of them in the kynges behalfe vpon artycles here folowyng and suche thynges as be secrete they shall vtter secretly and the bayllyf shal be commaunded to brynge in all the bakers bruers with theyr measures and al thynges vnder wryten fyrste they shall inquere the pryce of wheate that is to wyte howe a quarter of the best wheate was solde the laste market daye and how the secound wheate and howe the .iii. and howe a quarter of barley and oâ—es Afterwarde howe the bakers bread in his court doth agre that is to wyte wastell and other bread after wheate of the beste or of the secounde or of the thyrde pryce Also vpon howe much increase or decrease in the pryce of wheate a baker ought to chaunge the assyse and weyghte of his bread Also howe much wastell ought to waye and all other maner of bread after the pryce of a quarter of wheate that they presente Also for what defaute in the weyght of the bread a baker oughte to be amerced or to be iudged vnto the pyllorye accordyng to the law and custome of his court Also if any stewarde or bayl lyfe for any brybe doyth relesse ponyshement of the pyllorye or tumberell beyng alredy iudged or to be iudged of ryght Also if they haue in the towne apyllorye of conuenyent strenght as appertayneth to the lyberte of theyr market which they maye vse if nede be without bodely peryll eyther of man or womaÌ„ Afterward they shall inquere of the assyse and pryce of wyne after the departure of the iustyces erraunt or of them that were laste in offyce of the market of the towne that is to saye of the vyntenar his names and howe they sell a galon of wyne Also if any corrupted wyne be in his towne or suche as is not holsome for man his body Also of the assyse of ale in the courte of the towne howe it is whyther it be obserued and also what bruers do sell contrary to the assyse and they shal present theyr names distinctly and openly and that they be amerced for euery defaute or to be iudged to the tumberell if they sell contrarye to the assyse Also if there be any that sell by one measure â— bye by another Also if any do vse false elles weyghtes or measures Also if any boucher do sell coÌ„tagyous fleshe or that dyed of a murren Also they shal inquere of cokes that sethe fleshe or fyshe with bread or in water or in any otherwyse that is not holsom for man his body or after that they haue kept it so long that lesyth his naturall holsomnes or sethe it agayne and after sell it Also of for stallers that bye any thynge before the due and accustomed houre agaynst the good state and weale of the towne and markette or that passe out of the towne to mete such thynges as come to the market byeng out of the towne to the entent that they maye sell in the towne more dere as regratours then they wolde that brought them in case that they had comen to the towne or market When a quarter of barley is solde for it SÌ„ then .iiii. quartes of ale shal be solde for .i. d. When for .ii. sÌ„ .vi. d. then .vii. quartes of ale shal be solde for .ii. d. when for .iii. sÌ„ then .iii. quartes for .i. d. When for .iii. sÌ„ .vi. d. then .v. quartes for .ii. d. When it is solde at .iiii. sÌ„ then .ii. quartes at .i. d. And so fromhensforthe the pryces shall dyminyshe and increase after the rate of .vi. d. ¶ Finis ¶ The statute of breakyng prysoÌ„s made the fyrste yere of Edwarde the secounde ⸫ COncernynge prysoners which breake the pryson our soueraygne lorde the kynge wylleth and commauÌ„deth that fromhensforthe he that hathe his pryson shall not haue ponyshement of lyfe or membre for breakyng of the pryson onely excepte the matter or cause for which he was imprysoned and takeÌ„ dyd requyre such iudgement if he had ben coÌ„uycte therupon vnto the lawe custome of the realme all be it that in tymes passed it hath ben done and vsed otherwyse ¶ Here endyth the statute of breakyng prysons ¶ The statute of trespassers in parkes made the .xxi. yere of the reygne of kynge Ed. 1. TO thenâ—ent that trespassours in forestes chaces parkes warrens maye more warely eschewe and feare hereafter to enter and trespasse in the same then they haue heretofore our soueraygne lorde the kynge at his parlyamente after Easter the .xxi. yere of his reygne at the instaunce of the nobles of his realme hath graunted and commauÌ„ded to be fromhensforthe firmely obserserued that if any forestar parkar or warrennat do fynde any trespassoures wanderynge within his lyberte intendyng to do damage therin And that after huc and crye made vnto hym for to stand vnto the peas wyll not yelde hym selfe but doyth coÌ„tynue and execute his malyce and dysobeyng the kynges peas doyth flee or defendyth hymselfe with force armes although such forestars parkars and warrennars or any other comyng in theyr companye and aydyng suche fosters parkars and warrennars in the kynges peas do kyl any offendour or offendours beynge so founden eyther in arrestyng or takynge them or any of them they shall not be arrayned vpoÌ„ the same before the kynge and his iustyces or before any other the kynge his bayllyfes or any other within any frauÌ„chyse or without Nor shal not lese for so doing eyther lyf or membre or suffer any other ponyshement but shal enioy the kynges peas as they dyd before Nothwithstandyng let all such forestars parkars warrennars and all other be ware that by reason of any malyce discorde debate or other euyll wyll had before tyme they do not ley nor malyciously pretende agaynste any persone passynge through theyr lybertes that they came thyther for to trespas or mysdoe when of truthe they dyd nothyng nor were not founden as trespassours and so kyll them for if they do and be conuycte therupon the death of such persones shal be inquered execucyon shal be done in lyke maner as is done for other of the kynges subiectes standynge in his peas and lyke as it ought to be done of ryght and accordynge to the lawe and custome of the realme Finis ¶ The statue vpon the wrytte of consultacion made the .xxiiii. yere of kynge Edward .i. WHere as
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