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
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
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
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
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
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
he do it by the assente of the partye then incontynent he shall paye accordynge to the couenaunte made betwen them And they that offende these actes and therof be atteynted shal be commytted to pryson and after shal be raunsomed and ponyshed accordyng to the quaÌ„tyte and maner of the trespas and after as the kyng in his court shall thynke coÌ„uenient And it is to be knowen that if they to whome suche trespas was made wyll sue for damages they shal be therto receyued and awarded and be restored to the double And they that haue done the trespas shal be lykewyse ponyshed in the maner aboue sayd And if none wyll sue the kynge shall haue the suyt as for a thyng commytted agaynst his commauÌ„dement and agaynst his peas And the kynge shall make inquerye from yere to yere what persones do suche trespasses after as he shall thynke necessarye conuenieÌ„t And they that be indyted by such inquestes shal be attached dystrayned by the great dystresse to come at a certayne day coÌ„teynyng the space of a moneth in the kynges court or where it shal please the kyng And if they come not at that daye they shal be dystrayned of new by the same dystresse for to come at an other daye contaynynge the space of syx wekes at the least and if they come not then they shal be iudged as attaynted shall yelde double damages at the kynges sute to such as haue taken hurte or damage and shal be greuously rauÌ„somed after the maner of the trespas And the kynge forbyddeth and commaundeth that none fromhensforth do hurte damage or greuaunce to any relygious man or person of the church or any other because they haue denyed meâ—e or lodgyng vnto them or because that any coÌ„playneth in the kynges courte that he hath ben greuyd in any of the thynges aboue meÌ„cyoned And if any do therof be attaynted he shall incurre the payne aforesayd it is ê“uyded that the poyntes afore sayd shall aswell bynd out counsellours iustyces of forestes and other ouâ— iustyces as any other persons and that the foresayd poyntes be mayntenyd obserued and kept lykewyse the kyng forbyddeth vpon great penaltyes that no prelate abbotte man of relygyon or baylyf of any of them or of other receyue no man contrarye to this ordynaunce And that none shal sende vnto the house or maner of a man of relygyon or of any other persone men horse or dogges to be kepte nor none shall them receyue and he that doyth seyng the kyng hath commaunded the contrary shal be greuously ponished yet it is further prouyded that sheryffes fromhensforth shall not lodge with any of the persones afore mencyoned more then with fyue or syx horses And that they shall not greue religyous men nor otherby to often comyng or lodgyng neyther at theyr houses nor theyr maners ¶ The secounde Chapitre IT is prouyded also that when a clerke is taken for gylte of felonye and is demaunded by the ordynarye he shal be delyuered to hym accordynge to the pryuylege of holy churche in suche paryll as belongyth to it after the custome afore tymes vsed And the kynge warned the prelates and enioyned them vppon the faythe that they owe hym and for the commen profytte and peas of the realme that they which be indyted of suche offences by solempâ—e inqueste of lawfull men in the kynges courte in no maner shall be delyuered without due purgacyoÌ„ so that the kyng shall not nede to prouyde any other remedye therin ¶ The .iii. Chapitre IT is prouyded also that nothynge be demaunded nor taken fromhensforth nor leuyed by the sheryf nor by none other for escape of a thefe or a feloÌ„ vntyl it be iudged for an escape by the iustyces errant and he that otherwyse doyth shal restore to hym or them that haue payed it asmoch as he or they haue taken or receyued and asmoch to the kyng ¶ The .iiii. Chapiter COncernyng wreckys of the see it is agreyd that where a maÌ„ a dogge or a catte eskape quycke out of the shyp that suche shyppe nor barge nor any thyng within theÌ„ shal be adiudged wrek but the goodes shal be saued and kepte by vyew of the sheryf coroner or the kynges bayllyffe and delyuered into the handes of suche as are of the towne where the goodes were founde so that if any sue for those goodes after proue that they were his or peryshed in his kepyng within a yere and a daye they shal be restored to hym without delay And if not they shall remayne to the kynge and be seased by the sheryffes coroners bayllyffes of the towne which shall aunswer before the iustyces for the wrek beloÌ„ging to the kyng and where wrek belongeth to an other then to the kyng he shal haue it in lyke maner And he that otherwyse doyth therof be attaynted shal be awarded to pryson and raunsomed at the kynges wyll and shall yelde damages also And if a bayllyf do it it be dysauowed by his lorde and the lorde wyll not dyscharge hym therof the bayllyf shall aunswer if he haue wherof and if he haue not wherof the lord shall delyuer his bodye to the kynge ¶ The .v. Chapiter ANd because eleccyons ought to be free the kyng coÌ„mauÌ„deth vpoÌ„ great forfayture that no great man nor other by force of armes or menacyng shall dystourbe any to make fre eleccyon ¶ The .vi. Chapiter ANd that no cyte boroughe towne nor any man be amercyd without reasonable cause and accordynge to the quantyte of his trespas that is to saye euerye freman sauynge his freholde a merchaunt sauyng his merchaundyse a vyllayne sauyng his gaynure and that by his or theyr peerys ¶ The .vii. Capitter OF pryses assessyd by constables oâ— castellaynes vpon such folke as be not of the towne where the castell is It is prouyded that no conestable nor castellayne from hensforth exact any pryse or lyke thynge of any other then of such as be of theyr towne or castell And that to be payed or agremeÌ„t to be made with â—â— .xl. dayes if it be not an auneyeÌ„t pryse due to the kynge or to the castell or to the lorde of the castell ¶ The .viii. Chapitre ANd that nothyng be taken for fayet pledyng as hath ben prohybytte heretofore in the tyme of kynge Henry father to our soueraygne lorde that now is ¶ The .ix. Chapiter ANd for as muche as the peas of this realme hath ben euyll obserued heretofore for lacke of quyk freshe sayte makyng after felons in due maner namely because of sraunchyses where felons are receyued It is prouyded that al generally be redy and appareylled at the comaundement and somons of sheryffes at the erye of the countre to sue and arrest felons when any nede is aswell within frauÌ„chyses as without and they that wyll not so doo and therof be attaynted shall make a greuous fyne to the kynge and if defaute be found in the lorde of the
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
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
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
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
landes tenementes to the yerely value of .xl. sÌ„ And lykewyse sauyng that before iustyces erraunt a holde comen plees in theyr â—â—rcuyte and also in cytes boroughes and other merchaunt townes where recognysaunces assyses iuryes do passe vpon any matter touchyng the sayd cytes borughes other townes a wrytte shal be made lyke as it hath ben accustomed in tymes passed Rex c. Quia ad coÌ„muneÌ„ vrilitatem populi nostri regni de communi consilio â—iusoem regni statuerimus ne aliquis ponatnr in iuratis assisis seu recognitionibê° aliquibus extra comitatuÌ„ suuÌ„ propriuÌ„ faciendis nisi habeat terras aut tenemeÌ„ta ad valenciaÌ„â—entum solid per annum ad minus uec infra comitaâ—uÌ„ suum nisi habeat terras aut tenementa ad valeÌ„ciam .xl. solid per annum ad minus prout in statuto illo quod tibi mittimus sub sigillo nostro et quam in omnibus et singulis articulis suis de cetero obseruari volumus et firmiter teneri plenius coÌ„tintur tibi precipimus et firmiter iniungimus quod statutum illud in pleno comitatu tuo in ciuitatibus burgis et villis mercatoribus et aliis locis publicis solempnibus in balliua tua vbi necesse fuerit et expedire videris legi et publice proclamari et illud in omnibus et singulis suis articulis quantum in te est obseruari facias et firmiter teneri Et hoc sicut graue damnum tuum vitare volueris nullo modo omittas Teste c. ¶ Here endyth the statute of impanellyng assyses ¶ Artycles of inquysicyon vpon the statute of wynchestre made in the tyme of kyng Edwarde the fyrste THe maner of inqueryng vpoÌ„ the statute of wynchestre wheÌ„ it is obserued and when not and of such as haue obserued the sayd statute and of suche as haue not suffred the contentes therof to be obserued Of felonyes robboryes commytted after Easter the. â—iii yere of the reygne of kyng Edwarde in what maner suche felonyes were done where and by whom and the sutes of them by inquestes accordyng to the tenor of the statutes made theruppon afterwarde And if the sheryf haue aunswered for the bodyes of suche offendours or not Also if the gates of the cytes or great townes were shytte from the tyme of the sonne goynge downe vntyll the sonne rysyng And if any straungyers were lodged in the suburbes or in the out partyes of the cyte for whome theyr hostes wyll not aunswere And also howe bayllyffes and other offycers of townes haue made inquerye therof And if watches haue ben kept after as it is contayned in the sayd statute or not And howe the watchmen haue kept theyr waâ—che and if the kynges hyghe wayes from one merchaunt towne to another be inlarged aswell in the kynges owne townes as els where accordynge to the statute and if they be not inlarged to inquere what wayes and where they be and who ought to haue inlarged them And of suche as let such inlargementes aswell in parkes as in other woodes Also if all betwene the age of .xv. and .lx. be sworne to kepe the peas Also if they haue weapoÌ„s in theyr houses accordynge to the quantyte of theyr landes goodes for mayntenauÌ„ce of the peace accordynge to the statute And also if constables do make vyew of armour in due maner and of other thynges belongynge to theyr offyce or not Also if sheryfes hundredars bayllyfes of lybertes and fosters do come at hue crye leuyed and if they make pursute for kepynge the kynges peas accordynge to the statute or not ¶ Here ende the artycles of inquerye vpon the statute of wynchestre ¶ The statute of circumspecte agatis made the .xiii. yere of Edwarde the fyrste THe kynge to his iudges sendyth greatynge Do you circumspectly in all matters coÌ„cernynge the byshop of Nor wych and his clergye not ponyshyng them if they holde pice in court chrystiane of such thynges as be merely spirituall that is to wyte of corteccyons enioyned for dedly synne as formcacyoÌ„ aduowtrye and such lyke for the which many tymes corporall penaunce or pecunyarye is inioyned specyally if a freeman be conuyet of such thynges Also if prelates do ponyshe for leuyng churcheyardes vnclosed or for that the church is vncouered or not conuenyently decked in which cases none other penaunce can be inioyned but pecunyary Also if a persone demaunde of his paryshens oblacyons and tythes due and accustomed or if one persone plede agaynst another for tythes more or lesse so that the .iiii. parte of the value of the benefyce be not demaunded Also if a persone demaunde mortuaryes in places where a mortuarye hath vsed to be gyuen Also if a prelate of any church or a patrone demauÌ„de a pensyon due to themselues All such demaundes are to be made in a spirituall court And for layeng vyolent haÌ„des on a preste and in cause of dyffamacion it hath ven graunted alredy that it shal be tryed in a spirituall court when money is not demaunded but a thynge done for ponyshement of synne and lykewyse for breakyng an othe In all cases afore rehersed the spiritual iuge shall haue power to take knowledge not withstanding the kynges prohybicyon ¶ Here endeth the statute of circumspecte agatis ¶ Artycles agaynst the kynges ê“hy UNder what fourme shal lay meÌ„ purchase prohybicioÌ„s generally vpoÌ„ tythes oblacyons obuencyons redemyng of penaunces mortuaryes vyolent handes layenge on a clerke or laye brother and in causes of dystamacyon in whiche cases spirituall penaunce must be inioyned The kynge aunswered to these artycles that in ththes oblacyons obuencyons and mortuaryes when they be pleded as before is sayd the kynges prohybicyon doyth not lye And if a clerke or a persone relygyous doo sell his corne beynge in his barne or otherwhere to any man for money if the pryce therof be demaunded afore a spirituall iudge the kynges prohibycioÌ„ doyth lye for by the sale the spirituall are become temporal so tythes passe into catelles Also if debate hange in a spirituall courte for the ryght of tythes hauyng his origynal froÌ„ the ryght of the patronage and the quantyte of the same tythes do passe the .iiii. part of the value of the benefyce a prohibycion shall lye Also if a prelate enioyned penaunce pecunyarye to any man for his synne if the money be demaunded afore prelates a prohibycion shall lye Also if any laye vyolente handes on a clerke or lay brother for the peace broken amendes shal be made before the kynge for the excoÌ„muny cacy on before a byshop or prelate And if a corporall penaunce be enioyned whiche the offendour wyll redeme by gyuyng money to the prelate or the partye greued a prohibycioÌ„ shall not lye In causes of diffamacyon prelates may frely correcte the kynges prohibycyon notwithstandyng fyrst enioynyng a corporal penaunce which if the partye wyll redeme the prelate may lawfully receyue the money thoughe a prohibycion be shewed
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
prouyded for them to haue recouery of theyr dettes at the daye of payment assygned And by reason hereof many merchauntes haue withdrawen to com into this royalme with theyr merchaundyses to the great damage aswell of the merchuÌ„tes as of the hole royalme The kynge hymselfe and his counsayll hath ordeyned establyshed that euery merchaunt which wylbe sure of his dette shal cause his dettour to come before the mayer of London or of yorke or of Brystow or before the mayer and a clerke whiche the kynge shal appoynte for the same for to knowlege the dette and the day of paymeÌ„t the recognysaunce shal be entryd into a roll with the hande of the sayde clerke which shal be knowen Moreouer the sayd clerke shal make with his owne hande a byll obligatorye wherunto the seale of the dettour shal be put with the kynges seale that shal be prouyded for the same purpose the whiche seale shall remayne in the kepyng of the mayer and clerk abouesayd And if the dettour doth not paye at the day of hym lymyted the creditor shal come before the sayd mayer and clerke with his byll obligatorye And if it be found by the rolle and by the byll that the dette was knowledged and that the daye of payment is expyred the mayer shall incontynent cause the mouables of the dettour to be solde as farre as the dette doth amounte at the preysyng of honeste men after the maner of borugh goodes deuysable vntyl the hole summe of the dette the money be fully payed to the creditour And if the mayer can fynde no byer he shal cause the mouables to be delyuered to the creditour at a reasonable pryce asmuche as doth amounte to the summe of the dette And the kynges seale shall be putte vnto the sale and delyueraunce of the goodes deuysable for a perpetuall wytnesse And if the dettour haue no mouables within the iurisdiccyon of the mayer wherupon the dette may be leuyed but peraduenture hath some otherwhere within the reyalme then shall the mayer retourne the recognysaunce made before hym and the clerke aforesayd vnto the chauncellour vnder the kynges seale And the chauncellour shall dyrecte a wrytte vnto the sheryfe in whose baylewyke that the mouables of the dettour hap to be and the sheryfe shall cause hym to agree with his creditor in such fourme as the mayer shulde haue done in case that the mouables of the dettour had ben within his power And let them that haue preysed the mouable goodes to be delyuered vnto the creditour take good hede that they doo sette a reasonable pryce vpon them for if they do sette an ouer hyghe pryce for fauour borne to the dettour to the damage of the creditor then shall the thynge so preysed be delyuered vnto themselfes at such pryce as they hauely mytted shal be forth with aunswerable vnto the creditour if the dettour wyll saye that the mouable goodes were delyuered or solde for lesse then they were worthe yet shall he haue small remedie therby for when the mayer or the sheryf haue solde the mouable goodes lawfully to hym that offered most he may accouÌ„t it his owne foly that he dyd not sell his owne mouable goodes hymselfe before the day of the suyte when he myght well ynough so haue leuyed the money with his owne hendes And if the dettour haue no mouables wherupoÌ„ the dette may be leuyed then shal his body be takeÌ„ where it may be founden kepte in pryson vntyll that he hath made agrement or his freÌ„des for hym And if he haue not wher with he maye sustayne hymselfe in pryson the creditor shall fynde hym bread water to th ende that he dye not in pryson for defaute of sustenaunce the which costes the dettour shall recompence hym with his deâ—â—e before that he be let out of pryson And if the creditour be a merchaunt straungyer he shall remayne at the costes of the dettour for so long tyme as he taryeth about the suyte of his det and vntyll the mouable goodes of the dettour be solde or delyuered vnto hym And if the creditour do not take the deltour alone for the suretye of his paymeÌ„t by reason wherof pledges or maynpernours be founden then those pledges or maynpernours shall come before the mayer and clerke abouesayd and shall bynde themselues by wrytynges and recognysauncecâ— in lyke maner as the pryn cypall dettour And in lyke maner if the dette be not payed at the daye lymytted such execucyon shal be awarded agaynst the pledges or maynpernours as before is appoynted for the dettour Prouyded neuerthelesse that so longe as the dette may be fully takeÌ„ leuyed of the goodes mouable of the dettour in fourme aboue mencyoned the maynpernours or pledges shal be without damage notwithstandyng for defaute of mouable goodes of the dettour the creditour shall haue execucyon of his recognysaunce vpon the maynpernours or pledges in suche maner and fourme as before is lympted agaynst the pryucypall dettour ¶ Finis ¶ Artycles vpoÌ„ the chartours made the .xxviii. yere of kynge Edwarde the fyrste ⸫ FOr-asmuche as the artycles of the greate chartour of the lybertes of Englande and of the chartour of forest the whiche kynge Henry father to our soueraygne lorde the kynge graunted to his people for the weale of his royalme haue not ben heretofore obserued ne kepte and all because there was no ponyshement executed vpon them whiche offendyd agaynste the poyntes of the chartours before mencyoned Our soueraygne raygne lorde the kynge hathe agayne graunted renewed and coÌ„fermed them at the requestes of his prelates erles barons assembled in his parlyameÌ„t holden at westmynster the xxviii yere of his reygne And hath ordeyned enacted establyshed certayne artycles agaynste al them that offende coÌ„trary to the poyntes of the sayd chartours or any parte of them or that in any wyse transgresse them in the fourme that ensuyth 1. Fyrst of all that fromhensforth the greate chartour of the lybertes of Englande graunted to all the comynalte of the royalme and the chartour of foreste in lyke maner graunted to be obserued kept and maynteyned in euery poynte in as ample wyse as the kynge hath grauÌ„ted renewed and coÌ„fermed them by his chartour And that the chartours be delyuered to euery sheryfe of Englande vnder the kynges seale so be red foure tymes in the yere before the people in the full conntie that is to wyte the next couÌ„tie day after the feast of S. Myghell and the nexte countie day after the feaste of the circumcisyon and after Easter and after the feast of saynt Iohan Babtyste And for these two chartours to be fermely obserued in euery poynte and artycle where before no remedie was at the comon lawe there shal be chosen in euery shyre court by the cominaltie of the same shyre thre substancyall men knyghtes or other lawful wyse and wel dysposed persones to be iustyces whiche shal be assygned by the kynges lettres patentes vnder the greate
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
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
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
let out by the yere Also foren pasture that is comon how many and what beastes and catell the lorde may haue in the same howe much the pasture of euery beast is worth by the yere to let Also it is to be inquered of parkes demean woodes whiche the lord may assarte and improue at his pleasure and howe many acres they contayne and howe much the vesture of an acre is worth and howe much the lande is worth after the wood is fellyd howe many acres it conteyneth and howe muche euery acre is worth by yere Also it is to be inquered of foreyn woodes where other men haue comon and howe much the lord may improue to hymselfe of the same woodes howe many acres and for howe much the vesture of euery acre maye be solde and howe muche the grounde is worth yerely after that the woode is fellyd and howe many acres it coÌ„tayneth what euery acre is worth by the yere Also it is to be inquered wether the lord may gyue or sell any thyng of the resydue of the foresayd woodes what suche geftes or sales are worth by the yere Also it is to be inquered of pawnage and herbage of the towne and all other profyttes of forestes woodes ryuers ¶ The newe statute of Quo warranto made the .xxx. yere of K. Ed .i. ⸫ THe yere of our Lord M. CC .lxxviii. the .vi. yere of the reygne of kynge Edwarde at Gloucestre in the moneth of August the kynge hymselfe prouydyng for the welthe of his realme and the more full mynistracyon of iustyce as to the offyce of a kyng belongyth the more dyscrete men of the realme aswell of hyghe as of low degre beyng called thyther It was prouyded and ordeyned that where the realme of Englande in dyuerse cases aswell vpon lybertes as otherwyse wherin the lawe fayled to auoyde the greuous damages and innumerable disherytes that the defaute of lawe dyd brynge in had nede of dyuerse helpes of new lawes certayne new prouisyons that these prouisyons statutes and ordynaunces vnderwryten shall fromhensforthe be straytly and inuiolably obserued of all the inhabitauntes of his realme where as prelates erles baroÌ„s and other of our realme that clayme to haue dyuerse lybertes whiche to examyne and iudge The kynge had prefyxed a day to such prelates erles barons and other It is prouyded agreyd and ordayned that the sayd prelates erles barons and other shal vse such maner of lybertes after the fourme of wryt here folowynge Rex vicÌ„ salutem Cum nuper in parliamento nostro apud westmonasterium per nos consilium nostruÌ„ prouisum sit proclamatum quam prelati comites barones alâ—â— de regno nostro qui diuersas libertates per cartas progenitorum nostrorum regum Anglie habere clamant ad quas examinandas iudicandas diem prefixeâ—imus in eodeÌ„ parliameÌ„to libertatibus illis taliter vterentur quam nihil sibi per vsurpacionem seu occupacionem accrescerent nec aliquid super nos occuparent Tibi precipimus quam omnes illos de comÌ„ tuo libertatibus suis quibus hucusque rationabiliter vsi sunt vti gaudere permittas in forma predicta vsque ad proximum aduentum nostruÌ„ per comitatum predictum vel vsque ad proximum aduentum iusticÌ„ iâ—inerantiuÌ„ ad omnia placita in comitatu vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus Teste cÌ„ In lyke maner in the same fourme And if percase they wyll challenge and saye that they are not bounden to aunswere in the origynall wrytte then if it may apere by any mean that they haue vsurped any lybertes vpon the kynge or his predecessours of theyr owne hed or presumpcion they shal be comaunded to aunswere incontynent without wrytte And moreouer they shall haue such iudgement as the courte of our soueraygne lorde the kyng wyll awarde And if they wyll saye further that theyr auncetours dyed seased therof they shal be hard and the truth shal be inquered incontynent accordyng to that iudgement shal be gyuen And if it appere that theyr auncetours dyed seased therof then the kynge shal haue a wrytte out of the chauncery in this fourme Rex vicÌ„ salutem Sum. perbonos summoniâ— talem quam sit coram nobis apud talem locum in proximo aduentu nostro in comitatu predicto vel coram iusticiarus nostris ad proximaÌ„ assisam cum in partes illas venerint often â–ª surus quo warranto tenet visum francipleg in manerio suo de N. vel sic quo warranto tenet hundredum de S. in comitatu predicto vel quo warranto câ—amat habere tholoneum pro se heredibus suis per totum regnum nostrum Et habeas ibi hoc breue Teste cÌ„ And if they come in at the same day they shal aunswere and if they do not come nor be essoyned before the kynge and the kyng do tarye lenger in the same shyre suche ordre shal be taken as is in the circuyte of iustyces And if the kyng depart from the same shyre they shal be aiourned vnto short dayes and shal haue reasonable delayes accordyng to the discrecioÌ„ of the iustyces as it is vsed in personal acciâ—s Also the iustyces erraÌ„t in theyr circuyte shall do accordyng to the foresayd ordynaunce and accdrdyng as suche maner of plees ought to be ordered in the circuyte Concernyng complayntes made and to be made of the kynges bayllyâ—es and of other it shal be done accordyng to the ordynaunce made before therupon and accordynge to the inquestes taken therupon heretofore and the clause subscribed shal be put in a wryt of comoÌ„ somoÌ„s in the circuyte of the iustyces assygned to comoÌ„ plees dyrected to the sheryf cÌ„ that shal be such Rex vicÌ„ saluteÌ„ Precipimus tibi quam publice ê“clamari facias quam omnes conquerentes seu conqueri volentes tam de ministris et aliis balliuis nostris quibuscunque quam de ministris et balliuis aliorum quorumcunque et aliis ventaÌ„t coram iusticiarus nostris ad primam assisam ad quascunque querimonias suas ibidem ostendendas and competentes emendas iude recipiendas secundum legem et consuetudinem regni nostri et iuxta ordinationem per nos iude factam et iuxta tenorem statutorum nostrorum et iuxta articulos eisdem iusticiarus nostris iude traditos prout predicti iusticiaru tibi scire faciant ex parte nostra Teste meipso cÌ„ decimo die Septembris Anno regni nostri trigesimo ¶ Finis ¶ An ordynauÌ„ce of inquestes made the .xxxiii. yere of kyng Edwarde the fyrste ⸫ OF inquestes to be taken before any of the iustyces wherin our soueraigne lorde the kyng is partye howe so euer it â—e It is agreyd and ordayned by the kyng and all his counsell that fromhensforth notwithstandyng it be alledged by them that sue for the kynge that the iurours