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A23086 The statutes prohemium Iohannis Rastell; Public General Acts. Abridgments England.; Rastell, John, d. 1536. 1527 (1527) STC 9518; ESTC S121365 220,393 548

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rate And from the myddes of Septembre to marche to be at theyr worke in the sprynge of the daye and departe not tyll nyght and that they slepe not by day but from the myddes of May to the myddes of August Also yf any artyfycer or labourer make any assaute or assymble to hurte any men that wyll coūtroll them here in to haue a yeres prysonement without bayl or maimp̄se and to fyne at the kynges wyll This acte to be proclaymed in euery good towne and boroughe ¶ Prouyded that this act extend not to mynours dyggers forsee cole or making of glasse nor for fynours workers labourers for tynne lede yron or syluer The .vi. H. viii ca iii. ¶ Also al artyficers labourers in london may take as they were wonte to do except they worke in the kinges workꝭ or out of the lybertes of the cyte and that the penalte cōprised in the said form̄ actes in the .vi. of h. viii vii of h. viii extēde but to the taker onely The vii h. viii ca. vi ¶ Other old actes were made consernynge labourers and artyfycers some in the t●me of kynge Edwarde the thyrde and in other kynges dayes after whē xx.d made an ounce of troye weyght and at those dayes the maister carpenteres thakkers and playsterers toke but iij.d a dayes founde them selfe for then they had as moche vytell for a peny as nowe for ii d and yet all is one in effecte for a peny at those dayes weyed two pens of the money that nowe is for nowe thre shelynges and foure pens goth to the o●●ce And yet they gafe as moche syluer at that tyme for a dayes worke as they do now at this daye Therfore all the sayd old statutes stand in lytell effect because the coyne is mynysshed chaūged Lancastre ¶ A man outlawed or put in exigent in lācastre shal forfeyte no landes nor tenememtes in other countes .xviii. Hen. vi capitulo .xiii. ¶ No forayne shal be maryed within the coūte of lācastre except the īditours may disped C. s. within the same coūte .xxxiii. h. vi Ca. vi Legacyes ¶ wydowes may beq̄th their cor●e as wel growyng on their dowres as on their other landes merton● Capitulo .ii. Letters patens ¶ If any mā make any suit to the kyng for any lande offyce or other thynge grau●ted by the kyng to any other durynge the kynges pleasure the ꝑson to whom it was graūted be alyue at the tyme of the suet made that thā he do expresse in his byll of petycyon or patent the tenour of the sayd former patent that the kynge hath determyned his pleasure agaīst the first patente or elles the seconde letters patentes of the premysses to be voyde The .vi. Henry .viii. cap. xv ¶ Loke more for this in the tytle of forfeytours and patentes Letters of marke● ¶ Letters of marke is grounded vppon the statute of magna carta Capitulo .xxx. ¶ Loke more for them in the tytle mark Libell ¶ The copye of the libell shal be delyuered to the deff in the spyrytuall court with out dyffyculte to the entent he may sue a prohibicion yf ●●de requyre .ii. Hen v. ca. iii. ¶ No lycence shal be graūted whiche shall be p̄iudycyall to the realm● the staple sauynge to the kyng auctoryte to modefy the statute by the aduyse of his coūseyll and sauynge to the marchaūtꝭ of geane venys tuskayn ● lomberdye ●lorence and catelyn to the burgeys of berwyk theyr̄ lybertes .xiiii Hen. vi Cap. ii ¶ All placardes made by the kynge to shote in crosbowes or hande gones be voyde The .xv. Henry .viii. ca. vii Limitacion ¶ In the declaracyon of a dystent in a wryght of ryght none shall demaūde of the se●syn of his aūce●tours of lenger tyme thā of kyng R. the .i. and that wrytes of nouell diss●●syn of purꝑtye called nuꝑ ob●t shal haue the tyme after the passage of kynge henry the thyrde in to gascoyne that the wrytes of mordauncestre Cosynage ayle bas●yle and wrytes of nieff shall haue the terme of coronement of the same Henry and not before w. i. ca. xxxviii Se the statute of merton that speketh of the same matter● ca. vii Liuerey of landꝭ● ¶ yf the eschetour sease lādꝭ in to the kyngꝭ hādes after by inqisicion foūd before hym it is foūde not holden of the kynge that than a wrytsh all go to the eschetour to take it out of his hādꝭ to deliuer it to him to whō it shuld come with the yssues and ꝓfettꝭ that he hath receyued c And if it be after foūd for the kyng of record in any court thā the sheryffe shal not yet seise the lāde again tyll the tenaūt of the land be warned by scire fac if he come not or come can not distroye the kyngꝭ tytle the kynge shall than sease it agayn he shal be answered of the ꝓfettes the meane whyle not withstandynge c. statu● lincoln̄ .xxix. Ed. primi ¶ yf landꝭ be seised in to the kyngꝭ handes and after of the kyngꝭ handꝭ put out because he had no cause to seise thē the issues shal be holy rendred to hym that had the damage articli super Cart. Capitulo .xx ¶ Euery eschetour minister whiche seiseth to the kyngꝭ vse any cites maners borowes townꝭ hūdredes or fraunchesles wherof ꝓfettꝭ come as from tyme to tyme all the yere longe as mylles her bage toll proffettes of courtes and other suche shall a●swere to the kynge after the rate according to the old course of the eschekir xxviii E. iii. Capitulo .iiii. ¶ All women beyng of the age of .xiiii. yere at the deth of theyr aūcestour whych hyld of the kyng shall haue lyuery of theyr landis out of the kyngis handis mayntenant .xxxix. henry .vi. Capitulo vltimo Lyuerey de companye ¶ Nō shall haue lyuery of a suite for maintenaunce and the iustice of assise shall inquere therof and of fraternites by such lyueres for mayntenaunce or confederecye .i. R. ii Cap. vii ¶ Non lesse thā a esquire shall vse liuerey of cōpany of any lord except he be cōtinually famy lyer ī office wyth the same lord iustice of peace shall ponyssh them .xx. R. ii Cap. ii ¶ No lorde shall gyue lyuere of company to no knyght esquier nor yoman saue oonly that the kynge shall gyue his honourable lyuere to his lordes temporall which shall please hym to his knyghtis and esquyers mannel● and to his knyghtis esquyers takyng f●e of hym for terme of lyfe and that such knightis esquiers were nat theyr lyuere in the countre but in the the kyngis p●esens And he that dothe contrary shall make fyne to the kynge And raunsome And the knyghtis and esquyers shall lose their lyuere and theyr f●e or euer and that none take lyuere of the kyng nor other vppon payne of a fyne as is before sayd ¶ It is prouided that the cōstable
by examynacion of the iustices .xviij. h. vj. ca. ix ¶ Ther shal be but .xiiij. attorneys in the cite of norwch norfolk s●ffolk but that is referryd to th● discression of the iustyce xxxj h. vj. ca. vltio ¶ He that will sew appell of morder may make attorney after that it be begon in ꝓper ꝑson yf that waggyng of batell lye not in that appell .iij. h. vij ca. pmo loke more of attorney in the tytyl fynes and tytyle recordꝭ Auerment ¶ where the record cōmyth in court by wryt of faux iugement the ꝑ●e shall haue auerment that the record is other wyse and it shal be ●ryed by them that were p̄sent or by other .i. E. iij. ca. iiij ¶ A man shall haue Auerment in a wryt of error that the man vtlawyd was at large at the tyme. c. notwithstandyn● that the shyryf or other that haue not the record certefye the cōtrary but furst the ꝑte shal be warnyd and yf it be at the kyngꝭ suet the kyngꝭ seriant or the kyngꝭ attornay shal be reseyuyd to the auerment .v. E. iij. C. iij. ¶ In An acctō agayns the ꝑsone of holy church that Iustifieth for dysmes the playntyf shall not haue a generall auerment that it was a lay chattell wythout shewyng whi j R. jj C. xiiij ¶ If the baylyffꝭ of franches whych haue retorn of wrytts retorn small issues a man shall haue auerment agayns th●m as well as agaynꝭ the shyryfꝭ yf the baylyfꝭ haue not suffycyēt they shal be ponysshid by their bodyes .j. E. iij. ●a v. ¶ Esp●ciall au●rment of bygamy is put out .xviij. E iij. ꝓ clero ca. ij but he shall haue a generall auerment whych shal be tried by the ordynary and he in whom bygamy is aleggid shall abyd in psō tyl it be certyfyed if he be not ma●mpernable ¶ A mā shall haue auerm̄t agaīs a record of the merchalsye that the ꝑtes to the ple were not of the kynges how 's .xv. H. vj. C. j. ¶ Nota of Auerment for the knyghtꝭ of the plyamēt agayns the offyce found by the iustis of assise v● H. vi C. iiij Auowere ¶ They that recouer theyr heyrꝭ and assyne● may d●strayn for rent seruyce and customes behynd and make auowre of Iustyficacion also to haue such remedye for the recoueryng of the seyd rent ser●yce and customys as those ꝑsons agayns whom the recouere was made myght yf it had ben to them denyed vij h. viij C. iiij loke in the tytle of damage yf the avowant may recouer damage in A repleuyn .vij. h. .viij. C. iiij Avouson ¶ yf vsurpacōn or psētmēt by one that hath no ryght be sufferyd in the tyme that t●e heyre is wythin Age by fraude and neglygence of hys gardeyns or in the tyme of the tenaunt by the curtesye tenaunt in dower or for terme of lyfe or veris or tenaunt in the tayle by fraude and ●ecligence of them of what age that the heyre be that in these casis the heyre or he to whom the reuercōn is after the deth of such tenāt at the next voydaunce after the deth of the seyd tenātis they shall haue the same accion and excepcion by a wryt of aduouson as the last possessour shuld haue had cetera The same law shal be hold of vsurpacion made duryng the couerture The same law shal be of vsurpacion made in the time of vacacion to churchis perteynyng to housis of religion archebysshopis o● personagis but this statute shall help in case where such parsonis feynyngly defend ple by th●m self or by them mouyd but the iugementis shal be in their forse tyl they be defeytyd by errour or attaynt and yf they be recouerd by verdit of assise of daren presentemēt or quare impedit they in the reuercōn shall haue attaynt or certificat or a wryt of errour And yet it is a dowt yf sych remedy begynyn to them in the reuercōn or to them that lost cetera And if the parte deff● take excepcion of the fulnes of the church of his own presentacion the ple shall not tary by that fulnes whyle t●at the wryt is purchaisyd wythin tyme semest s. vi monythꝭ though that he may not recouer the presentacion wythin the tyme semester And when pease is made betwen ꝑt●●●ers of an aduouson inrollyd that one shall present furst and the other at the next voydaunce c. yf he to whom the aduouson belongyth be disturbyd by any man that was ꝑt● to the conuēcion or in his place he shall come to the fyne or rollis shall haue a wryt of s●ire fac to the shiryf to warn̄ hym to appere withī .xl. days or thre● wekys as nede is c. yf he come not or come sey no thyng why c. by reson of any dede aft the ꝯuenciō rollyd he shall recouer the p̄sentaciō wyth damagꝭ yf tenāt in dower or by the cortesy p̄sēt the heyre aft theyr deth at the next auoydāce be disturbyd it shal be in his elecciō whethyr he wyll haue a wryt of q̄rcīpe dit or assise of darreyn p̄sentm̄t The same shal be obseruyd of aduousōs let for terme of lyfe or for yerys or in fee tayle damagis shal be adiuggid that is to sey yf the tyme of .vi. wekꝭ ouerpas bi īpedm̄it of any man so y● the bysshop put ī one y● the verey patrō lose his p̄sentacōn for that whyse dam̄ shal be iuggid to the valew of the churche for .ij. yeris if the disturber haue not wherwith to restore dam̄ ī case whē the bisshop doth put ī one by laps of time he shall haue .ii. yerys psonm̄t yf the aduousō be disꝓuid with ī the tyme of .vj. wekꝭ the plaītyf shall recouer damage for half a yere yf he haue not wherewyth c. than he shall haue half yerys prisonmēt from hēs forth wryttis shal be graūtyd of chappellis prebend●s vicaragis hospitallis abbays priories other housis whych be of the aduouson of any whych were not wōt to be graū●d and because by a wryt of indicauit the person of any church is let to ask his dysmys ī his next ꝑyssh the patrō of the same ꝑson shall haue a wryt to ask the aduouson of the dismis whē he hath dysprouyd it the ple afterward shall ꝓcede in the spirituall court as it was disprouyd in the kyngis court when aduouson descēdith to ꝑtiners though one present twys and vsurp vppon the coheyre for that the other shall not be excludid holy whych was necligent but a nother tyme he shall haue his torne of presentement when it shall fall w. ij Cap. v. Loke for auouson in quare impedit Awnage ¶ Loke for Awnage in the tytle drapry Baylyffis and shyryffis Baylyffis shall haue lādis in theyr bayly wykꝭ ij E. iij. capitulo .iiij. ¶ Non shal be shyryf baylyf of hundred wapentat or fraunches nor vnder eschetour yf he● haue not landis
nor of the lād tyll that he hath takē his homag● And when he cōmyth to full age of .xxi. yere he shall haue his herytage without relef and without fyne magna carta ca. iii. ¶ The king shal not haue the warde of the heyre of lādys holdyn of any other by knyght seruyce by occasion of any tenur of vs by petyt serian tie magna carta ca. xxvii ¶ Euery lay man that is conuyct of the takyng away of a ward by strēgth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whā he cōmyth to full age he shal satysfie the lord as myche as he myght haue had for the maryage before that he receyue his landys marton tapi vi ¶ Theyrys shall be maryed without dyspergement magna carta ca. v. in fine ¶ yf the lorde marye the heyre where he is dysꝑgid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the ꝓfet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord frō his ward c. if the tenaūt enfeffe other by colucy on that shal not put the lorde frome his warde but the statute wyll that he shal not put out such feffes with out iugemēte shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age m̄lebryg ca. vi ¶ In a wryt yf ward of the def come not at the graūd dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thā he shal lose the poss●ssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ꝑ cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thā be maryed by theyr lordys where there is no disꝑgement than he shal hold the land tyl their age of .xxi. yere and aboue tyll that he hath reseyuyd the valew of the maryage westm i. ca. xxii ¶ yf the warden or chyeflord infeff any man of landys that is of the herytage of the chylde in his warde the heyre shall haue his recouere by assyse of nouell dysseysyn agaynst the warden the tenaunt and yf he recouer the seysyn shal be delyuered to the nexte frende to whom the herytage can not dissend to be answerable to the childe at his ful age the gardeyn shal lose durynge his lyfe the warde of the childe and all the remenauunte of the herytage and the warden that is ●ot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut b● takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resōmonyd at the sewt of the heyre yf it be the tytle of gyfte or sale than at the sewt of the excecutours and yf the defendaunte dye it shal be resōmonyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple b● of the ward of the land or the heyre or of both the resōmons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyuē within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act extēde not to any mā takyng any womā claymīg her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any lāde in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessiō c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defēdaūt shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon
and countes where of they be or haue be con●ersaunt or ells they shal be abatyd And yf any vtlary be pronoūced in such case it shal be voy● And though they vary from the record o●efpecyalte for such surplysage they shall not abate j. Hvcav Admyrall ¶ ●●●●●ors a●● that they be reteyned to se●● the kyng vppō the see and reseyuyd their wagis and after depart wythout lycēce of the admyral or his leuetenāt be bound to restore the double of that they receyued to haue īprisoemēt of ij yeres without bayll or maymprise the kyng ꝯmaūdyth all shiryffs mayre● aud baylyffes that at the certifycat of the admyrall or hys leueteuaūt witnyssīge the same to arest them and to put thē ī preson ther to remayn tyll thay haue a speciall ꝯmaundemēt of the kyng for theyr delyueraūce lyke punyshm̄t be done of the seriaūtis of armys maisters of shyppꝭ ●ll other that shall be a tayntyd by īquire before the admyrall or hys leuetenāt that haue takyn ought of the sayd mareners to suffer them to go at large after that they haue them so therfore ●restid the ij yere of R. ij c. iiij ¶ All maner contractis plees quarrellys and other thynges done or growyng withī the bodyes of the cōntes as well by lande as by water also wrekys of the see shall be determynyd by the lawe of the land and not by the admyrall neuertheles of the deth or mayme of a man don in the great shyppis beyng harboryd in the myddys of the hye stremis of the gret ryuers only benethe the bryggys of the 〈◊〉 riuers next to the see the admyrall shall haue iurisdiccion in no nother maner And also to arest the shyppys in the great stremys for the great vyagis of the kyng the realme sauing to the kynge all maner forfeytis therof cōmyng And also he shall haue iurisdiccyō in the sayd stremys durynge the sayd viagis only sauynge all wey to cytes and borowes and lordis theyr lybertes and fraunches The xv R ij c iij ¶ The admyrall shal medyl with nothīge done within the realm̄ the xiij R ij c v he that is greued agaīs this estatute shal haue a writ vpppon his cas agayns hym that sewyd hym in the admyrall court shal recouer double damagis yf the defendant be attaīt he shal pay xli to the kyng the ij H iiij c xi Loke mor● for admyrall in the tytle trews Administratours ¶ yf a mā dye intestate the ordinary shall dep●●te the next lawful frēdꝭ of the dede mā whych shall haue accion make answere aud be accomptable to the ordinaryes as executours● xxxj E iij Ca xi Age ¶ In a wryt of entre by the heyre of the disseysi agayns the heyre of the disseisour the wryt shall not be abatyd by the noneage of the one nor of the other nor the plentyff delayd c and if a man bryng assise the disseysour dye before the assise pass the pleyntyff shall haue his wryt agains the heyre of the disseysour of what age so euer he be the ple shall not ab●d but it shall be pursewyd with quyk su●t astyr the disseysyn And in the same maner this point shall be in the ryght of the p̄latis of religion other to whom landis tenemētis may come after an others deth whedyr they be disseysyes or disseysours Westm̄ prim̄ Cxlvi ¶ yf an infant with in age be kept from hys inherytance after the deth of his cosin graunt fadyr or gret graunt fadyr by whcih he owght to haue a wryt his aduersary alege a fefement or sey any other thyng wherby the iustyce award the inquest wher it was delayed tyl the age of the infant here the inquest shall now passe as though he were of full age Gloucester● Capitulo secundo ¶ ● wryt of cui in vita or ●ur cui in vita shall not be di●●erryd after the deth of the husband for the noneage of the heyre which ought to warrant it but the byer shall ●ary vntyll the ful age of the heyre westm̄ ii Ca xl Aid of the kyng ¶ where the kyng makyth a fefement and the dede ther of made be so that any person by lyke dede or lyke feffement be bound to warrantye the iustyce may ꝓcede no further In other casts as where the kyng hath confirmyd or ratyfyed an other mānis dede in to an other mannys ryght or grauntyd any thyng to an other as mych as in hym is Or wher a dede is shew●yd that the kyng hath gyffyn any tenement not no clause therin conteynyd wherby● he owght to warrant it and for the occasion ther of in all such lyke cas●s it shall not be surseysyd but that as sone as it is shewd to the kyng they shall ꝓcede Of wymennys dowers where any ha●e the kepyng off the heyris of theyr husband●s of the kyng is graunt whethyr the kepers hold the land or the heyris of the lond be vouchid or callid to warrantye yf they ley excep●●on that they can not answere wyth out the 〈◊〉 they shall not surcesse therfore but they ●●all procede in the accion accordyng to ryght ●tatut de bigamis Capitulo primo ¶ A mā shall haue but iiij wryttis of●erch were he hath ayde of the kyng wherof euery ●●albe deliuerd .xl. days before the retorn of the ●●me .xiiij. E. iii. Cap̄ xiij Alyens ¶ Priours alyens conuentuall institute in●uct may haue theyr beneficis in englond so ●hat they fynde suerte that they shall not disco●er the secretis of the reame The furst yere o●●enry the .v. Capitulo .vij. ¶ Non of the kyngis lege people nor nō other ●e fermour nor procuratour to any alyen wh●●che hath auy benefyce within this reame The iii. yere of R c. ii capitulo .iij. ¶ Alyens shall take no possessyon in no bene●ice in englond without the kyngis lycēce The 〈◊〉 of Richard .ij. capitulo .xi. ¶ The kyng shall haue the possessions of p●●●ours aliens in fee if they be not cōuentu ●lls ●●●●stitute induct The iiij yere of henry the 〈◊〉 the last chapt ¶ It is law full for no alien to shote in a lo●●● bow with out the kyngꝭ lycence vppon pay●●● of forfeture of the same bow arows euery of the kyng subiectis may seyse the bow ar●●ws .vj h viij Cap ij ¶ All aliens hauyng any manuel occupacio● in the suberbis of any cyte or town with in th●● reame or with in ij myle therof except oxford 〈◊〉 brydg seynt merteyns the graūt in londō 〈◊〉 be vnder the serch of the wardens of the o●●●●paciō with an alion housholder of the same ●●cupaciō to thē chosin And they shall dely●●● to the same alions beyng a blak smyth coup● pouchmaker or ioyner a sign or a merk why● they shall put vppon theyr work or thei pu● to sale vppon payne of forfeytour of doble 〈◊〉 leto of the same warys Also yf such warden●●
fynd any ●●●ceyt in theyr workꝭ the workers 〈◊〉 owners shall forfeyt the same warys the 〈◊〉 hal●f to the kyng the other to hym that wyll●●● by acciō of detynew wherin no wager of 〈◊〉 ●●ecciōnor essō shal be alowyd ꝓuidyd that e●●ry lord of ꝑliam̄t other that may dispēd Cli●●● yere may retayn alions ●oynours glasi●urs in theyr ●uice to excersise theyr art This 〈◊〉 to indure vnto the end of the next ꝑliamēt ● h viij Ca ij Ambydexter ¶ Ambydexter that is he that takyth money 〈◊〉 bothe partes shall be put ī no Iurre And ●uery on before whom that he passyth hath po●●er to īquire of his defaute to determyn hit ●he v yere of E. iij Ca. x Amendement ●oke for amendmēt in the tytle of record Amercyment ¶ The townshippis shall not be amercyd befo●● the iustyce of ī eyre because that they of the ●wne of xii yere of age do not appere before 〈◊〉 shiryffꝭ and coroners at the inqui●icions of ●●ery other belongyng to the coron̄ while 〈◊〉 come sufficient of the townysmen except ●●ly in inquisicions of the deth of man Mar●e Capitulo .xxv. No man shal be amercyd but accordyng to his trespas sauyng his frehold A man of the church shall not be amercyd but accordyng to his lay fee Amercyament shall not be assessi● but by probable men of the same vesnew c. And yerlys barons shall not be amercyd but o●ly by theyr peerys c. magna carta Ca. xiiij ¶ Because that cōmyn fyn amercyment of all the shyres in the eyre of the iustyce is assessyd by the shiryf barrectours of the shyre it is ordeyned that frō hens forth in the eyre of the iustyce before they re deꝑting such sōmes shal be assessid by the oth of knyghtꝭ probable mē the iustyce shall cause the ꝑcellis to be put in they re estreytis whych thay shall delyuer in to the escheker and not only the hole some Westmester primer Ca xviij They vse to do thus before the Iustice of assise of the amercyamēti● in the kyngis court and I suppose it is by the eqite of this statute by the statute of magna carta before rehersi● And they shall set them by the oth of ij or iij ꝓbable men of the shyre by theyr discressions ¶ No man shal be amercyd where he ought to haue corporall payn .xiij R ij ca viij ¶ The shyryf shal be amercyd for defaute of hys retorne at the ꝑlyment And they that cō●●o the ꝑlyment aft●r the sommons shal be am●●●●yd ponysshyd as they haue ben of old tyme v R. ij ca iiij ¶ yf any man be murderyd by the day and be that doth it escape the township where such murder was shal be amercyd the corron̄ vppō the syght of the body and also the Iustyce of the pease haue power to inquere of such esc●pis .iij H vij ca primo Admysurement ¶ Awryt of mysurem̄t of dower shal be ●ūty● to the wardē nor the heyre shall not be excludid when he cōmyth to his age to mysure the dower by the sewt of the warden yf he p̄sue it ●eyntly or by colusiō And as well in this writ 〈◊〉 in admysurement of pasture the ꝓces shal be that at the graund distres days shal be gyffin betwen the whych two countes shal be holdyn at the whych ther shal be made opyn ꝓclamacon that the deffēdaūt shall com at the day ꝯteyny● in the wryt to answer the playntyff at whych day yf he come not c. they shall ꝓcede by default to the mysurement● W. ii Ca. vij ¶ yf the pasture be mysuryd before the iustice The playntyf shall haue A wryt of iugement that the shyryf in the p̄sēs of the ꝑtees warny● yf they wylbe there shall īquere of the secōd s●peroneraciō that yf it be ●ound it shal be send to the iustice vnder the shiryffis seale and the sealis of the iurrous And the iustice shall iugge to the plaintyff his damage shall put ī the estretꝭ the valew of the bestꝭ whych he that ouerchargyd after the mesurement made dit put in to the pasture more than he ought to do shall deliuer the estretꝭ to the barons of the esthekyr that they may therof answer the kyng If the mesurement be don in the counte than at the instans of the playntyff a wryt shall go owt of the chauncery to the shyryff to inq̄re of the same ouer charging of the best is put in the p●sturis aboue the dew nōber and he shall answer to the kyng at the estheky● of the price of thē And all these wryttis of second suꝑoneracōn that go owt of the chauncery shal be inrollyd and at the yeris end the transcriptis shal●e s●nd to the esthekyr vnder the chauncelours sealle that the tresorer barons may see how the shyryff shall answer of the issues W ii C viij lyke wise wryttis of re●isseisyn shal be inrollyd sēd to the estheky● Apparell ¶ Non except the kyngis grace the quene the kyngꝭ moder the kyngis childern the kyngꝭ brethern and sisters were any cl●th of gold of purpure colour or sylke of purpure coler or furre of blake genet●s vppō hys body or horse vnder the payne of forfetour for enery tyme xx.li. and thesame appel ¶ And no mā other than the kyngꝭ chyldern or vnder the state of a duke or markes were an● clothe of golde of tyssue on the payn of .xx. markes and forfetour of the same apparell ¶ And non other thā the kyngꝭ chyldern or vnder the degre of a dukꝭ sone he●re apparant marq̄s or yerle were any furre of sables vnder the payne of .xx. marke forfetour of the same ¶ And that non vnder the degre of a son of a duke marques or ●rle their sones heyris apparant and vnder the degre of a baron were any clothe of gold or cloth of syluer vnder the payn of .x markꝭ and forfetour of thesame ¶ And that non vnder the degre of the son of a duke erle barō or knyght of the garter were any wollyn cloth made out of this realme of ●̄glōd yrelonde walys calys or marchis of thesame or berwyk except in bonettꝭ vppon payn of x markis forfetour of the same ¶ And that non vnder the degre of a knyght of the gart●r were any crymsyn veluet or blew vppon p●yn of .xl. s. and forfetour of the same ¶ And that non vnder the de●re of the sone heyre apparant of a baron knyghtꝭ sqnyers o● the kyngis body his cup berers carue●s ●nd sewers to the kyng quene or prynce hauyng f●e ● the tresorer of the kyngis chambre and all other squyers for the kyngis body cup berers caruers and sewers and other hauyng landꝭ to the yerely valeu of CC. markis Iustyces of both benchis the maister of the rollys barons of the eschekyr and all other of the kyngis and quen●s coūsell an● theyr phesicyons and may
the ānūciaciō mychelmas .ii. s. for fau● of paymēt to forfeyt vnto thē .xl. s yf the seyd wardēs of norwych com not thā they to forfeit to the inhabytaūce of lyn for euery defaut ●l s. for the which they may haue an accyon of dette where nother proteccyō essō nor wager of lawe shal lye ideo vide sta .xv. h. viii ca iii wollys ¶ The sak of wol shal cōtein xxvi stone euery ●tone xiiii.li and euery parson that passith out of the realme with wollys shal fynd good suerte to the customers before his passage to bryng at his fyrst cōmyng agayn for euery sake plate of syluer to the valew of .ii markꝭ the same plate he shal bryng to the kyngꝭ eschaūg there shal receyue his money that none coket any woll but he that oweth the woll vpon payne of forfeytour The xiiii E. iii. ca. vlti also the customers shall certifie the wardēs of the eschaūge at the towre of lōdō thre tymes by the yere that is to sey at the fest of the natyuyte of saynt Iohn̄ baptyst all seyntes cādelmas and yf the wardens reseue not the money They shal certifye to the barōs of the eschekyr which shal make ꝓces as wel agaynst the customers as agaynst the suertes to leuey it c. the same yere ca. vltimo ¶ The price o● the sortm of wollꝭ in eueri coūtre shal be abatyd defetyd And that euery mā as wel strāger as priuey may bie wolis as they may acorde with the seller the .xviii. E. iii. statut secūdo capitulo .iii. ¶ No wollys to be ●old shal lye within .iii. myle of the staple The .xxx. E. iii. ca. viii ¶ ●o īposyciō or charg be put vpō wollꝭ fel lede or ledyr otherwise thā the subsidy or custōe gra●●id to the kynge excepte it be by parliamente .xlv E. iij. ca. iii ¶ No denysin or forein make any refuse of wollys but code carde villeyn that none bye his wollys by these wordys good packīg nor other wordys lyke vpon payne of double damages to the parte greuyd the brokour shall haue halfe yerys prysōment The .xiii. R. ii ca. ix ¶ no denysī shal by wollys but of the owner of the shepe and tythe wol but in the staple that no denysyn regrate wollys nor marchaundyse of the staple vpō payne of forfeytoure of the valew of the thynge regratyd And the Iustyce of pease in the sessyōs shal enquere therof and shal ponyshe them bye the foreseyd payn no englyse man bye wollꝭ but to his owne vse as to sell it at the staple or to make cloth the xiiii R ii ca iiii ¶ no denizī brīg wolys wol fel leder nor led out of the realme vpō payn of forfeytour xiiii R. ii ca. v. ¶ Inhabytasitys at berwyk vpō twed may by wollys wol fell leder as wel of the growyng of tyndal other placys ●skotland as growynge in englond that is to s●y betwen the waters of twede and coket them to put to sale in berwycke ii H. v. capitulo vi ¶ No straunger shall force clacke nor berde no maner of wollys vpon payn of forfeytour of the double valew and imprisōment of his body and that no packer in winde the teson of the wol nor putte in the same lokkys poll wol yerth nor dyrt and the parte shal haue agaynst them an accyon of dysseyte at the cōmyn law .viii. H. vi ca. xxii ¶ Loke ii E. iiii c.i.ii.iii and loke for wollꝭ i● the tytle of marchauntys voucher ¶ yf a man vouch a forein to warraunt in londō the mayre aud the baylyffys shal adiourne the ꝑtes before the Iustyce of the bench and shal sende thydyr the record And the iustice shal sōmon the warraunt to plede before them and they shal cesse in london tyll the warraunte be determinid before the iustyce and whan it is determynyd it shal be seyd to the warraunt that he go in to londō to answer the cheffe ple the demaūt shal haue a wryte of the iustice to the mayre bailiffꝭ to go forth in the ple yf the demasidaūt recouer The tenauut shal haue a wrytte to the mayre and baylyffes to extende the landys lost to retorne the extent in to the bench and after it shal be cōmaūdyd to the sheryf where the warraūt was sōmonyd to make him to haue as mych land of his in valew and yf the tenaūt make defaut at the day gyuyn hym in the bench a wryt of instyces shal go from thēs to the mayre and baylyffes to take the lande in to the kynges handys by petit cape and to sōmon the tenaūt that he be at the● hustinges before the iustices which shal be aduysyd to gyue iugement of that defaut c. Statut. de for incecis vocat ad warraunt Sed vide statutū qr nō concordat in omnibus cū statut Gloucester ¶ Lokemore for voucher in the tytle lōdon and warantye wrecke ¶ where a man a dogge or a cat escapyth alyue out of the shyp or bot it shal be iuggyd no wrek so that the partye to whom the goodys belonge come within a yere a day he shal haue his goodys and yf not it shall remayn to the kynge or to the lorde c. w. prymer ca. iiii ¶ Loke more for wrek ī title m̄chaūtꝭ .xxvii. E iii. ca. xiii wryttꝭ ¶ If a wryt come in octabis sctī michaelis A day shal be gyuyn in octabis sancti hillarij yf inquindecīa sctī micha in .xv hillarij yf in tres septimanas sācti michaelꝭ in crastino purificacoīs be marie yf in mense mich in octabis purifica if in crastino aīarum in .xv pasche yf in crastino sctī martini in tres septimanas pasche yf in octabis sctī martini in mense pasche yf in xv sācti martini in quinque sep pasche there is a certayn day gyuen sp●cyally in crastino ascensionis dn̄i it vaylyth as muche as quinque septīas pasche yf in octabis scāti hillarii in octabis ●cti trinitatꝭ if in quindena sācti hillarii in xv sctī trinitatis and somtyme in crastino sancti Iohannis baptiste yf in crastino puri in octabis sācti iohānis yf in octabis pur in xv sācti iohānis yf in xv pasche in octabis sācti micha yf in tres septīas pasche in xv sācti micha yf in mēse pasche in tres septimas micha if in quinque septimas pasche or crastino ascēcionis donini in mēse sctī mich if in octab sctī mar in cristino aīarum if in xv sāctitrinj or in crastino scti iohānis in crastino scti martini 〈◊〉 in octab scti iohānis in octau sancti marti yf in xv scti iohānis in .xv. sācti marti Tractat vocat dies comunis in banco the days of a wryt of dower be abreggid by the statute of merle brig which seyth there shal be days gyuē iiii days in the yere at the lest .x. more if nede require therfor loke the statute ¶ Ther shal no wryt go forth vnder the small seale that towchyth the cōmyn law Articuli suꝑ cartas ca. vii ¶ No wryt shal go to the shyryf to take endytementꝭ .xxviii. E. iii. ca. ix ¶ All wyrttes of det accōpt suche other accyo●s shal be directyd to the shyryffes of that shyre where the cōtractꝭ were And yf in the plees of those wrytres it be declaryd the cōtract to be done in a nother coūte thā is cōteynid in the orygynal than the wryt shal be abatyd vi R. ii ca. iii vsury ¶ Usury shal not renne vpō the heyr within age so neuerthelas that for that the paymēt of the pryncypal with the vsury before the deth of the auncestour shal not remayn marton ca. v. ¶ yf a man take any money or other th●g for the lone of the money sauynge lawfull penaltes for nō payment of the same or yf a man sell goodys to any man being in necessyte thesame goody● afterward bye againe within .iii. monythis for a lasse some knowyng them to be the same goodys by hym solde or yf a man for the lone of his money haue landys or tenementes in perfyte suerty of his money without condycyō or aduenture forther couenaūtyth that he shal haue the ꝓfyte of the londys tenementꝭ tyll a certeyn tyme. c. this is vsery And he that is conuyct therof shal forfeyt the one halfe of the money or goodys so sold or lant And he that wyll sue by an accyō of det byl or informacyō in court of recorde shal haue the one halfe and yf none wylsew the kynge shall haue al the .x. H. vii c.viii this statute repellyth that stattue of vsury made the .iii. yere H vii ca. v. reseruyd alwey to spyritual Iurysdyciō theyr lawfull ponishmētꝭ in euery cause of vsury ¶ Loce more for vsury in the tytle of brokers vtlary ¶ The feffes of truste which bryng accyons to the vse of theyr feffours shal not be dysablyd nor barryd by any vtlary in those feffes allegyd .iii. H vii ca. xiiii ¶ yf any wyll defete any vtlary by wytnes he shal yelde hymselfe to pryson and than the parte shall be warnyd to come to maynteyn that the wytnes is not trew which shal be tryed and lyke wyse the kynges seruaūt and attorney shal be receyuyd yf it be at the kynges sewt v● E. iii. c.xiii ¶ Loke more for vtlary in the tytles exigēt charter de ꝑdon chestyrshyre and lancaster FINIS ¶ Enprynted in the chepe syde at the sygne of the mere mayde next to poulys gate the .xxii. day of Decēber in the .xix yere of the reyngne of oure souerayne lorde kinge Henry the .viii. ¶ Per me Iohannem Rastell A. D.MDXXVII Cum Priuilegio Regali Iohannes Rastell