Selected quad for the lemma: cause_n
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A23086
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The statutes prohemium Iohannis Rastell; Public General Acts. Abridgments
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England.; Rastell, John, d. 1536.
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1527
(1527)
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STC 9518; ESTC S121365
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220,393
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548
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make serch and that no person boâ—â— owt of the kynges legeaunce by thys act may commense no new fayre wythin seynt mertynâ— the graunt .v. h. viii C. vii ¶ Euery cordyner in the cyte of loÌ„don wytâ— in iii. mylys of the same may sell shoys botyâ—galegis vppon the sonday all other festis prâ—â—cipallis not wyth standing the statute made the tyme of kyng Edward the iiij xv h. viii C. ix Corn ¶ Euery maÌ„ may ship corn to what place thaâ— he wyll owt of the realme but to the kiÌ„gis enmys except that restreint be therof made by the counsell .xvii. R. ij Capitulo septimo .iiii. Henâ— vi Capitulo .v. ¶ Euery man may shyp corne to what placâ— that he wyll out of the realme without lycence saue onely to the kyngê eÌ„nemyes yf the quarter of whete excede not .vi. s. viiâ— d and barli .iii. s. in the port wher it was shyppyd this to endure .x. yere The .xx. yere henry .vj. ca. vi And after this act was made ê‘petuall The .xxiii. yere of henry .vi. ca. vi ¶ No persoÌ„ conuey in any port of this realme any wheâ—e rye or barly that is not of the growyng of englond yrelond walys or other yle therto be longyng yf the quarter of whete excede not the pryce of .vi. s. viii d the qâ—arter rye iiii s. and the quarter barly .iii. s. and that vppon the payne of forfeture the one halfe to the kynge and the other halfe to hym that seasyth hyt Thy .ii. yere of E. iiii ca. v. ¶ wedows may bequeth thei corn as well growyng vppon their doweryes as vppon theyr other landis Merton Ca. ii Coron â—No shyryf constable coroner nor other baylyf of the kyng hold any plee of the coroÌ„ magna carta Capitulo .xv. Coroner ¶ Coroners chalbe chosyn of the most sagist knyghtys c. And the which shall lawfully attache and present the plees of the corone and the shyryff shall haue countrolers wyth the coroners as well of appellis as of inquestis attachementis and other thyngis whych to the office ê‘teynyth that no Coroner take any thig to do his office vppon agreuous forfeture to the kyng w. j. C. x. ¶ Coroners shal be chosyn in opyn counte by the coÌ„miÌ„s of the same couÌ„te .xxviii. E iii. ca. vj. ¶ Coroner shall haue land suffycyent in the same counte c. xiiij E. iij. C. vii ¶ These be to be inquerid of the coroners of our lord the kyng furst when the coroners haue commaundment from the kyngis bayllyff or from the men of the coÌ„trey that they shall goo to them that be slayn or sodeuly ded or woundyd or brekers of howsis or the place where tres our is found anon they shall comaund .iiij. townys next ioynyng that they be before them in such a place and when they come by an oth shall make inquisition in this forme S. of the man slayn yf ther were any ffurst it is to be inquerid where he was slayn whether in the fyld other in the howse or at tauerne or at any congregacion and who were there Also it is to be inqueryd who be gylty of dede or of force and who were there men or women and what age so euer they be so they can speke and haue discression c. And all that by inquisicion shall be found gilty shall be takyn and delyueryd to the schyryff put in the geale And they that be found though they be not gilty shal be attachyd vntyl the commyng of the iustice and the namys of them all shal be wrytyn in the coroners roll yf any such be slayn in the feld or wood and be found furst it is to see where he were slayn ther or no yf paraduenture he be brought thedyr let the trace be folowyd yf it may be who brought the body thydir by hors or by cart it shal be inqÌ„ryd also yf the man slain be knowyn or vnknowyn and where he lay the nyght before yf any such be slaiÌ„ any be fouÌ„d gilty anoÌ„ the coroner shall go to hys bows and inquere what catell he hath and what corn in the grange or fyld yf he be a fre man what landis he hath and what they be worth by the yere and cause them all to be pÌ„ysyd landis corn catell and anon they shal be seen and delyueri to the hole to wnship to aÌ„swer before the iustyc therof And also the laÌ„dis deliueryd what they be worth by the yere sauyng the seruis to the lordis of the fee and the landis shall be holdin in the kyngis handis tyl the lordis of the fee haue made fyne for theÌ„ These thyngis so inqueryd the body shal be beâ—yed also it is to be inqÌ„ryd of such bodyes whether they were drownyd or slain or stranglid be tokin of any cord about the nek or by any member or by any hurt in the body found it is to procede in the forseyd forme and then coroners shall attache the fynders and all other in their companyes ¶ Of tresure found the coroner owght to inquere who be the fynders and also who that is therof suspect and that may be knowyn be cause hâ—lyffyd dylycately and vsid the tauerne and so long contynued for suspicious he ought to be attachid bi foure six or moo pleggis yf they may be found yf any be appellid of rape he shal be attachyd yf it be newli don and they see a tokyn of trewth s. a tokiÌ„ of bledyng and crie made he shal be be attachyd by .iiii. or .v. pleggê â—f it be appellid wythout crie or tokiÌ„ manyfest thaÌ„ .ij. plegê be sufficâ—eÌ„t of an appell of a wouÌ„d yf the same wound be a dethis wound anâ—â— they that be appelllyd shal be takyn and holdin tyl it â—e knowyn whether he may lyff and yf he dye they shal be hold gylti and yf he lyff by .iiij. or by .vj. pleggis after as the wound is gret or lesse But of mayme by moo than by foure Off a small wound .ij. be sufficient ¶ Also of all wouÌ„dis it is to be seen the leÌ„ght brede and depnes and wyth what wepon the hurt man was woundyd and in what place of the body and yf any be gylty who made the wound and so all thyng must be put in the coroners roll yf any be appellyd of the dede and some of the force They that be appellyd of the dede shal be takyn and they that be appellyd of the force shal be atachid tyl that they that be appellid of the dede be conuyct ¶ Of horsys bottis cartis by the whych any man is slain whych be properly callid bannys they shal be praysyd and after ward delyuerd as is aboue seyd off wrekkis of the see where soeuer it be found yf any putto his hands s. to take them he shal be attachid by good pleggê and sure and the wrek shal be praysyd and delyuerd to the townis men yf any man be suspect
â— for inquisicions of landes ne to any sheryf or bailyf for retournynge in ani panell any persones byfore the sayd exchetours of lesse valewe than is conteyned in this acte The exchetours of the Countyes palentyne of lancastre Chestre in this prouyso only except ¶ Prouyded that this acte extende not to any Iustyce of peace for doynge any thynge concernynge the commyssyon of the peace The .i. H. viii ca. viii to endure to the next parlyament But this acte is confyrmed perpetuall The .iii. Henry .viii. Capitulo .ii. Escheker ¶ Clerke of the Escheker makyng proces after a tâ—yle alowed shal lose his offyce and yelde damages to the parte greued â— and that by the dyscrecyon of the tresourer and barons The .i. Râ— ii Capitulo .v. ¶ Loke an old statut called statut slaccarii thâ—â— trâ—tith of all the fourme of the Escheker of the accomptes in the escheker of theyr ê“fettes at my helmas ester after the auncyon forme and that accomptaÌ„s be not taryed by plees bytwen ptye partye excepte it be for the kynges dette And it speketh how the chamberlain of chestre shall accompte to the escheker and how that dyuers sheryffes shal be executours of dyuers couÌ„tes And no offyc of the escheker shall put no clerke vnder hym but suche for whome he wyll make answere and all suche shal be sworne to be trewe And yf any occupye otherwyse he shal be remoued from his offyce and no nother shal be put in his offyce without the kynges lycence and many maters be coÌ„teyned iÌ„ thesame stat ¶ No comyn plee shal be holdeÌ„ in the excheker agaynst magna carta articliÌ„suê‘ cartas ¶ The bodyes of the shyres shall not be wryteÌ„ in the yerely rolles but in a certeine roll and thei shal be rede euery yere vpon the accompt of the sheâ—iffes it shal be knowen what may folowe therof of euery cause the remanentes of the verey fermys of the same couÌ„tes after the laÌ„de gyffyn shal be wryten in the yerely rolles the sheryf shal be therof charged of the fermis of â—he sheryâ—es ê“fettê of the couÌ„te the fermis of â—iaÌ„tie fermys assessyd of the couÌ„tes borowes other fermis whyche must be answerde yerely to the eschekyr also men shal be assignyd to inquyre in dyuers countes of thâ— kyngis dettis when they denye the shyryff c and also of those of whom the shyryffe retornyth nichill c. Also we wyll and ordeyn that no plee from hensforth be hold in the eschekyr but that that touchyth specyally vs or our ministers before seyd and note well that hit spekythe before of no mynysters but of the tresorer chamberlain shyryff and bailyâ—fis but that is no statute as â—t semyth but an ordynaunce made for the kyng Eâ— the furst at the rollis the .xxvij. yere of his reygn and it is callyd the new statute of the eschekir ¶ A clerk shal be made in the eschekyr to countroll the pipe .xxxvij. E. iii. Capi. iiij The barons of the eschekir shal haue power to here euery ansuere resonable of them that be accusyd there for any cause by hym or by a nother therof to make discharge without wryt or priue seale .v. R. ii Câ— ix ¶ The accoÌ„ptaÌ„s of nichill shal be dischargyd by theyr othis without other accompt of such â—â—chils .v. R. ij Capitulo .xiii. ¶ The two remeâ—brancers shal be sworn to make euery terme a cedule of the namis of eueri one that is dischargid before theÌ„ bi iugemÌ„t or other wyse ê¯teynyng theyr discharge and shall delyuer it to the clerk of the pype that therof shall make dischargyd to the partes and the clerk of the pype shal be sworn for to ask terme by terme the cedulys and ther vppon discharge the parties in the same maner the clerk of the pype shall certefye in wrytiÌ„g to the seid remembraÌ„cers the dyschargys made in his offyce to the intent that a man dyschargyd in one place shal be dyschargyd in all places of the seyd eschekyr .v. R. ii C. xiiij ¶ where a man hath lyuere of landis and tenementis owt of the kyngis handis in the kyngis bench or ellâ—s where and the tenure of the same put iÌ„ the eschekyr by a wryt of mittimus for to discharge them of the accomptis of them demaundyd for the same that the remembraÌ„cers in whose office such accomptis shal be demaundyd by and by shall cesse the suite by wordis enteryd vppon the bak of the wryt without new iugemeÌ„t or proces therof made .v. Ric. ij Capitulo .xv. ¶ A man shall not pay in the eschekyr for the fee of the clerk makyng the commission aboue .ii. s. and for the record of the nisi prius in the eschekyr wyth the wryt but .ii. s. v. R. ij cap. vltiÌ„o ¶ Two clerkis shal be assygnyd to make the ê‘cellis of the accoÌ„ptt in he eschekyr at the costis of the couÌ„taÌ„t and they shall be sworn that they shall not do falsely in theyr offyce .v. R. ii Ca. xij ¶ He that is reteynyd wyth the kyng in hys warrÌ„ and hath reseyuyd a certeyn some of monei iâ— the reseyt his conuâ—nauntis shal be put in the eschekyr in wâ—ytyng and yf the barons demaâ—nd accompt of hym he shall accompt and bryng in his wrytyng and shall hauâ— alowauÌ„ce wythout any other warranty and yf he be in surplisage they shall make hym remedie and yf any repell be made after his couenauntis put in the eschekyr that repell shal be send in to the eschekyr and it shal be ratyt of hys retynue accoâ—ding .v. R. iâ— Capi. x. Loke more her of in the title estretis Esson ¶ In a wryt where attachmen and distres lyeth after issue a man shall haue but one esson or one defaut so that he come not at the day gyffeÌ„ hym by the esson or make default the second day then the inquest shal be take by hys defaut and if the deffend make defaut at the nisi prius thaÌ„ at the day in bank ther shall go owt a veniâ— fac ad audieÌ„d iudicium retornable at a certeyn day at whych day if he make defaut iugement c. lyke wyse shal be don yf he come not at the day gyffyn hym by the esson MerlebrÌ„ Cap. iij. ¶ Affter that that the tenauntis in a wryt off ass atteit or iuris vtrum haue apperyd in court they shall not be essonyd but shall make attorneys w. j. Capitulo .xlj. ¶ Parceners and ioyntenauÌ„tis shall not be essomd but at one dai so that thei may not fourch but onely one esson as a sole tenaâ—ut shall haue w. j. Capitulo .xlij. ¶ Because that people make them self f to be essonyd ouer the see where they be in englond at the day of essoÌ„ and .iij. wekis after that it shal be tryed by the contrey and yf it befound for the demaund the esson shal be tornyd into a defaut and that was to be