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
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
he wylleth to be obserued for euer more stedfastely inâ—yolably of all his subiectes aswell of hyghe as of lowe degree ¶ The fyrst Chapiter UUhere as at the tyme of an insurreâ—â—yon late moued within this realme and lykewyse after many great men and dyuerse other refusynge to be iustefyed by the kyng and his court lyke as they ought were wont in the tyme of the kynges noble progenitours also in his tyme â–ª but â—oke great ponyshmentes dystresses of theyr neyghbours of other vntyl they had ameÌ„des raunsom at theyr owne pleasure And further som of them wold not be iustefyed by the kynges offycers nor wolde not suffre them to make delyuere of suche dystresses as they had taken of theyr owne auctorite It is prouyded agreyd grauntyd that all persones aswell of hyghe as of lowe estate shall receyue iustyce in the kynges courte And none from hensforth shall take any such dystres of his owne auctoryte without award of our court though he haue damage or â—â—urye wherby he ought to haue amendes of his neyghbour other hygher or lower And vpon the foresayd artycle it is prouyded and graunted that if any from hensforth take such dystresses of his owne auctorite without awarde of our courte as be â–ª fore is sayd and be conuycte therof he shal be ponyshed by raunsome and that accordyng to the trespas And lykewyse if one neyghbour take a dystres of another without awarde of our court wherby he hath damage he shall be ponyshed lykewyse and that after the quantyte of the trespas And neuertheles suffycient and full amendes shal be made to them that haue sustayned losse by suche dystresses ¶ The .ii. Chapiter MOrcouer none of what estate so euer he be shall dystrayne any to come to his courte whiche is not of his fee or haue no iurisdiccyon ouer hym by reason of his hundred or baylewyke nor shall take no dystresses out of the fee or place where he hath no baylewyke nor iurisdyccyon And he that offendyth agaynste this statute shall be ponyshed in lyke maner and that accordynge to the quantyte of the trespas ¶ The .iii. Chapiter IF any of what estate so euer he be wyll not suffer suche dystresses as he hath taken to be delyuered by the kynges offycers after the lawe and custome of the realme or wyll not suffer somons attachementes or execucions of iudgementes gyuen in the kynges court to be done he shal be ponyshed in maner afore sayd as one that wyl not obey the lawe And if any of what estate so euer he be dystraune his tenaunt for seruyces and customê beyng due vnto hym or for any other thyng wherby the lorde of the fee hath cause to dystrayne and after it is found that that same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme but shal be amerced as hytherto hath ben vsed â–ª the tenaunt shall recouer his damages agaynste hym ¶ The .iiii. Chapiter NOne froÌ„hensforth shall cause any dystres that he hathe taken to be dryuen out of the countye where it was taken And if one neyghbour do so to an other of his owne auctoryte without iudgemeÌ„t he shal be raunsoned as aboue is sayd as for a thynge done agaynste the peaâ—e Neuertheles if the lorde presume so to do agaynste his tenaunt he shal be greuously ponyshed by amercyment onely Moreouer the dystresses shal be reasonable and not to great And he that taketh great and vnreasonable dystresses shal be greuously amerced for the excesse of suche dystresses ¶ The .v. Chapitre THe great chartour shal be obserued in all his artycles aswell in such as pertayne to the kyng as to other that shal be inquered afore the iustyces errant in theyr iourneys and afore the sheryfeâ— in theyr countyes when nede shal be And wryttes shall be frely graunted agaynste them that do offende before the kynge or the iustyces of the bench or be fore iustyces errant then they come into those partyes lykewyse the chartour of forestes shal be obserued in all his artycles and the offenders when they be coÌ„uyete shal be greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned ¶ The .vi. Chapiter AS touchyngr them that vse to infeâ—â—e theyr eldyst sones and heyres beyng within age for to defraude the lordes of the fee of theyr wardshyps It is prouyded and agreyd that by occasyon of any such feffement no chyef lord shall lâ—â—e his warde Moreouer of them that fayne â—aâ—se feffementes of theyr landes which they wold lâ—sse for terme of yeres for to defraude the chyef lordes of theyr wardes And it is conteyned in the feffementes that they are satysfyed of thoâ—e seruy 〈…〉 vnto them vntyll a certayne terme so that if such feffees are bounde at the sayd terme to pay a certayne sum to the value of the same landes or fer aboue so that after such terme the lande shall retourne to them or to theyr heyres because no man wylde contenâ—â—o holde â—â— vpon the pryce It is prouyded and agreyd that by such fraude no chyef lord shall lese his warde neuertheles it shall not be lefull to them to dyssease suche feffees without iudgement but they shall haue a wrytte for to haue such a warde restored vnto them and by the wytnesses contayned in the dede of feffement with other fre and lawfull men of the countre and by the value of the lande by the quantyte of the same payable after that terme it shal be tryed whyther such feffementes were made vpon confydence or by colusyon to defraude the chyef lordes of the fee of theyr wardes And if the chyef lordes in such cases recouer theyr wardes by iudgement the feffees shall neuertheles haue theyr accyon to recouer suche terme or fee whiche they had therin when the heyres come to theyr lawfull age And if any chyef lordes do malycyously implede suche feffees faynynge this case where the feffementes were made lawfully vpon truste then the feffees shall haue theyr damages awarded and theyr costes whiche they haue sustayned by occasyon of the foresayd plee and the playntyfes shal be greuously ponyshed by amercyment ¶ The .vii. Chapiter IN a comon plee of warde if the detorceours come not at the great dystrâ—es then the sayde wrytte shal be renewed twyse or thryse as it may be with in the moyâ—e of the yere folowynge so that euery â—yme the wrytte shal be red in the full shyre if the deforceour be not founde before and there openly be denounced that he maye come at the daye lymytted then if he be absent hymselfe so that he come not to aunswer within the sayde haâ—fe yere nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of
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
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
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