graunted that he and all his successours shulde be trybutaryes vnto my lorde the pope payeng yerely for Englande .lxx. markes and for Irelande two hundred 10. Henry the thyrde sone of kyng Iohan began his reygne the .xviii. daye of Octobre the yere of grace M. CC .xvii. And was crowned the .xvi. daye of Iuly next folowyng And dyed the .xvi. day of the moneth of Nouembre And reygned lvi yeres .vi. monethes xxviii dayes And lyeth buryed at westmynster And in the tyme of this kynge began the pylgrymage to Bromeholme And in the tyme of this kynge sayncte Thomas of Canterbury sayncte wolstane of worcestre were translated And this kynge in the .xxii. yere of his reygne made his fyrste voyage into Gascoygne and his ii voyage in the. xxv yere of his reygne 11. Edwarde the fyrst son of Henry the thyrde began to reygne the .xvi. daye of Nouembre the yere of grace M. CC .lxxii. And was crowned the .ix. daye of Auguste next folowynge And dyed the vii daye of Iuly And reygned .xxxiiii. yeres .viii. monethes and .ix. dayes And is buryed at westmynster 12. Edwarde the secounde his sone began to reygne the .vii. daye of Iuly the yere of our lord â–ª M. CCC .vii. And was crowned the .xxiiii. daye of Februarye next folowynge And dyed the .xxv. daye of Ianuary And reygned .xix. yeres vii monethes and .vi. dayes And lyeth buryed at Gloucestre 13. Edwarde the thyrde sone to the secounde Edwarde began his reygne the xxv day of Ianuary the yere of our lord M. CCC .xxvi. And was crowned the secounde daye of February nexte folowynge And dyed the .xxi. daye of Iune And reygned L. yeres .v. monethes and vii dayes And lyeth buryed at westmynster This kyng vanquâ—shed the Scottes at Halydon hyll in whiche battayll he â—â—ewe xxxv thousande and after he toke the towne and castell of Berwyke And after he obtayned the vyctorye vpon the french men in the â—â—â—el of Sluys where he slewe .xxx. M. of them 14. Rycharde the secounde sone of Edwarde that was prynce of wales sone to Edwarde the thyrde was borne hauyng no skynne and therfore was kept vp in ghote skynnes began his reygne the .xxi. daye of Iune the yere of grace M. CCC .lxxvii. And was crowned the xvi daye of Iuly next folowynge And dyed the .xxix. daye of Septembre And reygned .xxii. yeres .iiii. monethes and two dayes And is buryed at westmynster durynge the reygne of this kynge one Iacke straw accoÌ„panyed with mâ—ny other rebelles of Rent made an insurreccion in the realme And in his tyme also began the opinions of Iohan wyâ—lefe 15. Henry the fourth soâ—e to Iohan of Gaunt duke of Lancastre beganne his reygne the .xxix. daye of Septembre the yere of our lorde M. CCC lxxxxix And was crowned the .xiii. daye of Octobre nexte folowyng And dyed the .xx. day of Marche Aâ—d reygned .xiii. yeres .v. monethes and .xviii. dayes And is buryed at Canterbury 16. Henry the .v. son to the said Henry began his reygne the .xx. day of March the yere of our lorde M. CCCC .xii. And was crowned the .ix. day of August next folowyng And dyed the .xxxi. daye of August and reygned .ix. yeres .v. monethes and .xxiiii. dayes And is butyed at westmynster And in the tyme of this kynge there was an insurreccion of lorlardes made agaynst hym in a place called fyckettes felde but they were taken and hanged And lykewyse in his tyme the dolphyn of Fraunce in decision sent hym a tonne full of reuys balles into Englande And not longe after duryng his reygne was the battayll of Agyncourt at the which a great multitude of french men were slayne 17. Henry the .vi. son of Henry the. b. began his reygne the .xxxi. daye of August the yere of grace M. CCCC xxii And was crowned the .vi. day of NoueÌ„bre the yere of grace M. CCCC .xxiii. And dyed the fourth day of Marche the yere of our lorde M. CCCC .ix. And so reygned .xxxviii. yeres .vi. monethes and xvii dayes And lyeth buryed at wyndezor And in the .xxv. yere of this kynge the parlyament was bolden at S. EdmoÌ„des Buty in Suthfolke where Hum frey duke of Elocestre was put to death And be beyng but an enfaunt was crowned kynge of Fraunce at Parys 18. Edwarde the fourthe beganne his reygne the fourth day of Marche in the yere of our lorde M. CCCC .lx. And was crowned the .xxvi. day of Iune next folowyng and dyed the .ix. day of Apryl And so reygned .xxii. yeres one moneth .viii. dayes is buryed at wyndezor 19. Edwarde the .v. sonne to Edwarde the fourth began his reygne the. iâ— day of Apryl the yere of our lord M. CCCC lxxxiii and was neuer crowned And so his reygne dured but two monethes xviii dayes and dyed in the towre of London 20. Kycharde the thyrde duke of Gloucestre beganne his reygne the .xxii. daye of Iune the yere of our lorde M. CCCC .lxxxii. And was crowned the .vi. daye of Iulye nexte folowynge And was slayne at the battell of Bosworth the .xxii. day of the moneth of August the yere of grace M. CCCC lxxxvi And so reygned two yeres two monethes and fyue dayes And is buryed at Leycestre 21. Henry the seueÌ„th of that name erle of Rychmonde beganne his reygne the xxii daye of Auguste in the yere of our lord M. CCCC .lxxxv. And was crowned the .xxx. day of October next folowynge And dyed the .xxi. day of Apryl the yere of grace M. CCCCC .ix. And so reygned .xxiii. yeres .viii. monethes and vii dayes In the thyrde yere of his reygne be obtayned the victorye in battell besydes Newerâ—e agaynste the erle of Lyncolne and Martyn swart And in the .xii. yere of his reygne he ouercam the comons of Cornewal in Blackbeth felde And the same yere he toke one Parken warbeck which sclaunderously and â—â—aytorously named hymselfe the secouÌ„d sone of kynge Edwarde the fourth but afterwarde the same Parken and his mayster were both hanged at Tyburne for theyr treason 22. Henry the eyght began his moste gracyous reygne the .xxi. day of Apryll in the yere of our lorde M. CCCCC .ix. And was crowned the .xxiiii. daye of the moneth of Iune next ensuyng whose moste fortunate and prosperous reygne almyghtye God of his greate goodnes longe contynue ¶ Finis ¶ Here ensuyth a table for the boke after the ordre of the Alphabete Abiuracyon Folio 115. Able and not able folio 110. Accessorye folio 35. Account folio 27. 47. 151. Accusacion folio 7. Ad quod damnum folio 170. Age. folio 48. 51. 92. Ayde of the kynge folio 140. 141. Aiornement folio 4. 83. Alienacion folio 51. 135. Allowance folio 41. Amercyament folio 5. 26. 27. 38. Admesurement folio 68. 69. Appelle folio 8. 54. 75. Approuementes folio 12. 217. Armoure folio 114. Arestes folio 33. 158. Assyse folio 4. 41. 77. 80. 83. Attachement folio 14. Atteynt folio 45. 49. Attorney fol. 14. 53. 73. 127. 138. 47. Aduouson
after the yere and day expyred if he can fynde suffycient suretyes he shal be delyuered And if not he shall abiure the realme ¶ The .xi. Chapiter UUhatsomeuer archbyshop byshop â—â—le or baron comyng to vs at our commaundement and passynge by our forestes it shal be leful for hym to take kyll one or two of our deere with our foster if he be present or els he shall cause one to blowe an horne for hym that he seme not to stele our dere And lykewyse they shall do retournyng home from vs. ¶ The .xii. Chapiter EUery freman fromhensforth with out daungyer shall make in his owne wood or in his lande or in his water that he hath within our forest mylles sprynges poles maâ—les dykes or crable grounde without inclosyng that crable grounde so that it be not to the anoyaunce of his neyghbours ¶ The .xiii. Chapyter EUery freman shal haue within his owne woodes eyres of hawkes sparowhawkes fawcons eglys heroÌ„s and he shall haue also the honye that is founde within his woodes ¶ The .xiiii. Chapiter NO foster froÌ„hensforth that is not â—oster in fee payenge to vs ferme for his baylewyk shall take any chymynage or tolle within his baylewyk The foster in fee payeng vs ferme for his baylewyk shall take chymynage that is â—â— saye for caryage by carie the halfe yere .ii. d. and for another halfe yere .ii. d. for an horse that beryth loâ—es euerye halfe yere ob And of those onely that come as merchauntes through his baylewyk by lycense to bye bushes rymbre barke cole and to sell it agayne at theyr pleasure But for none other cariage by carâ— chymynage or toll shal be takeÌ„ Nor chy â–ª mynage shall not be taken but in suche places onely where it hath ben vsed to be Those which bere vpon theyr backes brushment barke or cole to sell though it be theyr lyuyng shall paye no chymynage to our fosters excepte they take it within our demean woodes ¶ The .xv. Chapiter ALl that be outlawed of trespas within our forest syns the tyme of kyng Henry our graundfather vnto the fyrste yere of our coronacion shall come to our peas without let and shall fynde to vs suretyes that fromhensforth they shall not trespas vnto vs within our foreste ¶ The .xvi. Chapiter NO constable castyllayne or baylyf shall holde plee of forest nother for grene hughe nor huntynge but euerye foster in fee shall make attachementes for plee of forest aswell for grene hughe as huntynge and shall present them to the verders of the countye And when they be inrolled and inclosed with the seales of the verders they shal be presented to our chyef iustyces of our foreste when they shall come thyther to holde plee of forest and before them they shal be determyned And these lybertees of forest we haue graunted to all men sauyuge to all archbyshops byshops abbottes pryours erles barons knyghtes and to all other persons aswell spirituall and temporall templers hospytallars theyr lybertes and fre customes aswell within the forest as without and in warens and other places which they before haue had All these lybertes and customes c. as in foloweth in the ende of the great chartour And we do coÌ„firme and ratefye these gyftes c. as in th ende of the sayd great chartour c. Here endeth the chartour of forest IT was prouyded in the courte of our soueraygne lorde the kyng holben at Merton the morowe after the feast of sayncte Vyncent the .xx. yere of the raygne of kyng Henry the sonne of kynge Iohan before w. archebyshop of Canterbury and other his byshops and suffraganes and before the greater partye of the erles and barons of England there beyng assembled for the coronacioÌ„ of the sayd kynge Alyanore the quene about which they were all called where it was treated for the comen welth of the realme vpoÌ„ the artycles vnder wrytten Thus it was prouyded and graunted aswell of the foresayd archbyshops byshops erles and baroÌ„s as of the sayd kynge and other ¶ The fyrst Chap. FIrst for wydowes which after the death of theyr husbandes are deforced of theyr dowers and may not haue theyr dowers or quareÌ„tyn without plee we woll that who so euer deforce them of theyr dowers or quarentyne in the landes wherof theyr husbandes dyed sesed and that the same wydowes haue recouered syns by plee they that be conuyct of such wrongfull deforcement shal yelde damages to the same wydowes that is to say the value of thoâ—e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemeÌ„t of our court haue recouered season of theyr dowers and the deforcers neuertheles shal be amerced at the kynges pleasure ¶ The .ii. Chapiter ALso fromhensforth all wydowes may bequethe the croppe of theyr grounde aswell of theyr dowers as of other theyr landes and tenementes Sauyng to the lordes of the fee all such seruyces as be due for ther dowers other tenementes ¶ The .iii. Chapitre ALso if any be dyssesyd of theyr freholde and before the iustyces erraÌ„tes haue recouered season by assyse of nouell dysseson or by confession of them which dyd the dysseson And the dyssesye hath had season delyuered by the sheryf if the same dyssesors after the vyage of the iustyces or in meane tyme haue dyssesed the same playntyf of the same freholde therof be conuyete they shall be forthwith taken and kept in the kynges pryson vntyl the kyng hath dyscharged theÌ„ by raunsome or by som other mean And this is the fourme how such beyng â—óuyct shal be ponyshed when the playntyfes com into the courte they shal haue the kynges wrytte dyrected to the sheâ—yffe in whiche muste be contayned the playnte of dysseson done vpon dysseson And then it shall be commaunded to the sheryf that he takyng with hym the kepats of plees of the kyngê corowne and other lawfull knyghtes in his propre persone go vnto the lande or pasture for which the playnte hath ben made And that he make by the fyrst iurrors other neyghbours and lawfull men dylygent inquerye therof and if they fynde hym dyssesyd agayne as before to sayd than let hym do accordyng to the prouysyon afore meÌ„cioned And if it be found other wyse the playntyfe shal be amerced and the other shall go quyte nor the sheryfe shall not execute any such playnte without specyal coÌ„maundement of the kyng In lyke maner shal be done to them that haue recouered theyr season by assyse of morâ—dauÌ„cetor And so of all landes and tenementes recouered in the kynges courte by â—nqueste if after they be dyssesed by the fyrst deforceours agaynst whoÌ„ they haue recouered any wyse by inquest ¶ The .iiii. Chapiter ALso because many great men of Engelande whiche haue infeffed knyghtes and theyr freholders of small tenementes in theyr great maners haue complayned that they can not haue profyte of the resydue of theyr maners as of waste
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
for the ryght of prelates men of relygion and other to whome landes nor tenementes can no wyse dyscende after others death whyther they be dyssesyes or dyssesours And if the partyes in pledyng come to the inquest and it passeth agaynste the heyre within age and namely agaynste the heyre of the dyssesye then â— such case he shal haue an attaynte of the kynges specyall grace ¶ The .xlvii. Chapitre IF a wardeyn or chyef lorde infeffe any man of lande that is thynherytaunce of a chylde within age and in his warde to the dysherytaunce of the heyre It is prouyded that the heyre shal forth with recouer by assyse of nouel dysseson agaynst his kepar and agaynst the tenant and the seson shal be delyuered by the iustyces if it be recouered to the next frende of the heyre to whome the inherytaunce can not dyscende for to improue to the vse of the heyre and to aunswere for the issues vnto the heyre when he shal come to full age and the kepar for his lyfe shall lese the custodye of the thynge recouered and all the inherytaunce that he holdeth by reason of the heyre and if another wardeyn then the chyef lord do it he shall lese the wardshyp of all to gyther and be greuously ponyshed by the kyng And if the enfauÌ„t be caryed away or dystourbed by the wardeyn or by the feffee or by other by reason wherof he can not sue his assyse then maye one of his next frendes that wyll sue for hym which shal be therto admytted ¶ The .xlviii. Chapitre IN a wrytte of dower called vnde nihil habet the wrytte shall not abate by the excepcion of the tenaunt because she hath receyued her dower of another man before the wrytte purchased onles that he can shew that she hath receyued parte of her dower of hymselfe and in the same towne before the wrytte purchased And for asmuch as the kyng hath ordeyned these thynges to the honour of god and holy church and for the remedy of suche as be greued he wolde not that any other tyme it shulde turne in preiudyce of hymself or of his crown but that such ryghtes as appertayne to hym shulde be saued in all poyntes And for asmuche as it is great charite to doo ryght vnto all men at all tymes when nede shal be by the assent of all the prelates it was prouyded that assyses of nouell dysseson mortdauncetour and darreyn presentment shulde be taken in aduente septuagesme and lente euen aswell as a man maye take inquestes and that at the specyall request of the kynge made to the byshops ¶ Here endyth the fyrst statute of westmynster ¶ The statute of Gloucestre made the .vii. yere of kyng Edwarde the fyrste ⸫ FOr the great myschyefes damages and dysherytauÌ„ces that the people of this our realme of Englande haue heretofore suffered through defaute of the law that fayled in dyuerse cases within our sayd realme Our soueraygne lorde the kyng for the amendemeÌ„t of the realme for the releuyng of the people and to eschewe suche myschyefes damages and dysherytaunces hath prouyded and establyshed these actes vnderwrytten wyllyng and commauÌ„dyng that fromhensforthe they be fyrmely obserued within this realme ¶ The fyrste Chapiter UUher as heretofore damages wee not awarded in assyses of nouell dysseson but onely agaynst the dyssesors It is prouyded that if the dyssesours do alyene the landes and haue not wherof there may be damages leuyed that they to whose handes such tenementes shall come shal be charged with the damages so that euery one of them shal be charged with the damages for his tyme. It is prouyded also that the dyssesye shall recouer damages in a wrytte of entre grounded vpon dysseson agaynste hym that is founde tenaunt after the dyssesour It is prouyded also that where before this tyme damages were not awarded in a plee of mortdauncetour but in case where laÌ„des wer recouered agaynst chyef lordes that fromhensforth damages shal be awarded in all cases where a man recouereth by assyse of mortdaunce tour as before is sayd in assyse of nouell dysseson and lykewyse damages shal be recouered in wryttes of cosynage ayel besayell and where as before tyme damages were not taxed but to the value of the issues of the lande It is prouyded that the demaundant shall recouer agaynst the tenaunt his costes from the day of his wrytte purchased with the damages aboue sayde And this acte shall holde place in all cases where the party is to recouer damages And fromhensforth the partye shal be compelled to pay damages where the lande is recouered agaynst hym for his owne intrusyon or other vnlawfull acte ¶ The .ii. Cha. IF a chyloe within age be holdeÌ„ froÌ„ his inherytaunce afte the deathe of his father graundfather or great graundfather wherby he is dryuen to his wrytte and his aduersarye comyng into the court and for his aunswere alledgyth fesfemeÌ„t or pledyth some other thynge wherby the iustyces awarde an inquest wheras before the inqueste was deâ—erred vnto the full age of thynfant nowe the inquest shall passe aswell as if he were of full age ¶ The .iii. Chapitre IT is establyshed also that if a man alyene any land that he holdeth by the lawe of Englande his sonne shall not be barred by the dede of his father from whome no herytage to hym dyscended to demaunde and recouer by wrytte of mort dauncetour of the season of his mother although it be meÌ„cyoned in the dede that his father dyd bynde hym and his heyres to warrauÌ„tye And if the inheritauÌ„ce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritauÌ„ce to hym dyscended And if in such case after the death of his father the inherytaunce dyscende to hym by the same father then shall the heyre recouer agaynst hym of the season of his mother by a iudycyal wrytte that shall issue out of the rolles of the iustyces before whom the plee was pleded to resomon his warrauntye as before hath be done in lyke cases where the heyre of the warrauntour cometh into the court sayeng that naught dysceÌ„ded from hym vpon whose dede he is vouched And in lyke maner the issue of the sonne shall recouer by wrytte of cosynage ayell and besayell Lykewyse and in lyke maner the heyre of the wyfe shall not be barred after the death of his father and his mother for to demaunde by accyon the inherytaunce of his mother by wrytte of entre which his father dyd alyene in the tyme of his mother wherof no fyne is leuyed in the kynges court ¶ The .iiii. Chapitre ALso if à man let his lande to ferme or to fynde estouers in meate or in clothe amountyng to the very value of the .iiii. parte of the lande and he that holdeth the lande so charged lettys it lye freshe so that the partye can fynde no dystres there by the space of .ii. or .iii. yeres to compell the fermour to payment
ryght of his wyfe â–ª it was very harde that the wyfe after the death of her husband had none other recouerye but by a wrytte of ryght wherfore our soueraygne lord the kynge hath ordeyned that a woman after the death of her husbande shall recouer by a wryt of entre wherto she coude not dysagre duryng his lyfe which shal be pleded in fourme vnderwryten if the tenant do except agaynst the demaunde of the wyfe that he entred by iudgemeÌ„t And it be founde that his entre was by defaute â–ª wherto the tenaunt myght be bound to aunswere if it were demauÌ„ded of hym â–ª then he shal be coÌ„pelled to make further aunswer and to shewe his ryghâ— accordynge to the fourme of the wrytte that he purchased before agaynste the husbande and the wyfe And if he can be ryfye that he hath or had ryght in the lande demaunded the woman shall gayne nothyng by her wrytte And if he can not shewe the woman shall recouer the lande beyng in demauÌ„de this beyng always obserued that if the husband absented hymselfe and wolde not defende his wyfes ryght or otherwyse iÌ„ his lyfe wolde not auÌ„swere if the wyfe dyd com in before iudgement redy to aunswere the demaundant to defende her ryght the wyf shal be admytted Lykewyse if tenant in dower tenant by the law of the lande or otherwyse for terme of lyfe or by gyfte wheruppon a reuercyon is reserued do make defaute or wyll surrendre theyr estate the heyres or they to whome the reuercyon belongeth shal be admytted to theyr aunswere if they com in before iudgemeÌ„t And if vpoÌ„ such defaute or surrendre iudgement hap to be gyueÌ„ then the heyres or they to whoÌ„ the reuercyon belongeth after the deathe of such tenauntes shall recouer by a wrytte of entre in whiche wrytte of entre lyke processe shal be obserued as is aforesayd in case where the husbande lesyth his wyues lande by defaute And so in the cases aforesayde two accyons do concure one betwen the demaundant and tenant and an other betwen the tenaunt shewynge his ryght and the demaundant ¶ The .iiii. Chapiter IN case when a man beynge impleded for lande gyueth vp the lande demaunded vnto his aduersarye by collusyon after the deathe of the husbande the iustyces shall awarde the wyfe her dower if she demauÌ„de it by a wrytte but in case when a man â—â—syth by defaute the lande beyng in demaunde if the wyfe after the death of her husbande demaunde to be indowed and it is founde that by som iustyces dower was awarded to the demaundant notwithstandynge the defaute whiche her husbande made before the other iustyces beyng of the contrary opinion and awardyng the contrary to the entente that from hens for the suche doutes or ambyguytes shall be taken away and put in certayn It is prouyded that in bothe cases the woman demaundyng her dower shal be herde and if it be alledged agaynst hyr that her husbande loste the lande wherof the dower is demaunded by iudgement wherby she ought not to haue dower And if it be inquyred by what iudgemeÌ„t it be found that it was by defaute wherunto the tenant muste aunswere then it behouyth hym to aunswere further and to shewe that he had ryght and hathe in the fore sayd lande accordynge to the fourme of the wrytte that the tenaunt before purchased agaynst the husbande and if he can proue that that the husband of such wyfe had no ryght in the landes nor none other but he the tenaunt shall go quyte and the wyfe shal recouer naught of her dower which thyng if he can not shewe the wyfe shall recouer her dower And so in these cases in certayne other folowyng that is to say when the wyfe beynge indowed lesyth her dower by defaute and tenantes in fre maryage by the lawe of Englande or for terme of lyfe or in fee taylle dyuerse accyons do concurre for suche tenantes when they demauÌ„de the lande loste by defaute and when it is come to that poynte that the tenant muste be compelled to shewe his ryght in asmuche as the lawe wyll not compell them to make aunswere with them to whom the reuercyou belongeth and therfore they are suffered to voucheor call to warrauntye accordyng to the tenour of the wrytte as if they were tenauntes and if they haue a warrantye when the warrantour hath warranted the plee shall passe betwene hym that is sesyd and the warrantour accordyng to the tenour of the wrytte that the tenant purchased before and by which he recouered by defaute so from many accyoÌ„s at length they shall resorte to one iudgement whiche is this that eyther the demauÌ„dantes shall recouer theyr demauÌ„de or that the tenantes shall go quyte And if the accyon of suche a tenant whiche is compelled to shewe his ryght be moued by a wrytte of ryght though that the great assyse or batayll can not be ioyned by the wordes accustomed neuertheles it may be ioyned by wordes conuenyent and vsed for when the tenant in that that he shewyth his ryght which agreyth with the wrytte that he before purchased is in stede of a demaundaunt the warrantour maye well defende the ryght of the tenant which cometh in place of the demaundant as before is sayd and to alledge the season of his auncetour and to defende it by the body of a fremaÌ„ or puâ— hymselfe in the great assyse and pray recognysaunce therof whyther he hathe more ryght to the lande beynge in demaunde or els the partye before named or it maye be ioyned otherwyse by the great assyse and so the warrâ—â—our may defende the ryght and knowledge the season of his auncetour and putte hymselfe in the great assyse c. and pray recognysaunce to be made whyther he hath more ryght in the foresayd land as in that wherof he infeffed such a man or that suche a one relessyd and quyte clay med c. or els the foresayd partye c. And where sometymes it chauÌ„cyth that a wyfe whiche is not indowed of the lande of an heyre beynge within age doythe purchase a wrytte of dower agaynst the keparâ— the kepar indowyth the wyfe by fauour or makyth defaute or defendyth suche maner of fayned plee by collusyon wherby the wyfe is a warded her dower in preiudyce of the heyre It is prouyded also and enacted that when the heyre comyth to full age he shall haue an accyon to demaunde the season of his auÌ„ccTour agaynst the wyfe lyke as he shuld haue agaynst any other deforceour prouyded alwayes that that the wyfe shall haue excepcyon agaynste the demaundant to shewe that she had ryght â—o her dower which if she caÌ„shew she shal go quyte and retayne her dower and the heyre shal be greuously amerced accordyng to the dyscrecyon of the iustyces but if the heyre doo recouer his demaunde c. lykewyse the wyfe shal be ayded if the heyre or any other doo implede her for her dower or if she
examynacyon shal be fallen in the cuntre before a iustyce of the place where the plee is accoÌ„panyed with a substanciall man of the cuntre knyght or other so that a certayne day be gyueÌ„ in the bench and a certayne day place in the cuntre in presence of the partyes demaundyng the same And also inquestes and iuries in plees of lande that requyre greate examynacion shal be taken in the cuntre in the maner abouesayd before two iustyces of the benche And the iustyces or iustyce shall haue power to record nonsuytes and defautes in the cuntre at the dayes and places assygned as afore is sayd And that they shall do in the thynges aboue mencioned shal be reported in the benche at a day certayne there to be inrolled and therupon iudgement shal be gyuen And the kyng intendyth not that the sayd inquestes and iuries shulde not be taken in the benche if they come nor that this statute shuld extende vnto greate assyses and also a iustyce of the one place and of the other beynge associate with a dyscrete man of the cuntre knyght or other at the request of the playntyf shall take inquestes vpoÌ„ plees pledyd and to be pledyd that be mouyd by attachement and dystres and shall haue power to recorde nonsuytes as aboue is sayd and to take inquestes vpon defautes there made And as to such inquestes as are to be taken vpon wryttes of Quare impedit the fourme conteyned in the statute of westmynster secounde shal be kept and the iustyces shall haue power to recorde nonsutys defautes in the cuntre and to gyue iudgemeÌ„t therupon as they do in the bench and there to reporte that that they haue done there to be inrolled And if it happen the iustyce or iustyces that shal be assygned to take suche inquestes in the countre do not come or if they come into the countre at the daye assygned yet the partyes and persones of suche inquestes shall kepe theyr daye in the bench And because it is many tymes coÌ„playned in the kynges courte vpon retournes that bayllyfes of fraunchyses hauyng full power to retourne the kynges wryttes haue delyuered to sheryfes haue ben afterwarde chaunged otherwyse retourned in the kynges courte to the damage of the partyes and the delay of ryght It is agreyd that for suche retournes as hereafter be delyuered to sheryfes by suche bayllyfes of fraunchyâ—es an indenâ—ure shall be made betwene the bayllyf of the fraunchyse by his proper name and the sheryf by his propre name And if the sheryf chaunge the retourne so delyueryd to hym by indenture and be therof conuycte at the sute of the lorde of the fraunchyse of whome he receyued the retourne if the lord haue had any damage or if his fraunchyse be dystayned or at the sute of the lorde of the party that hath sustayned losse through that occasyon he shal be ponyshed by the kynge for his false retourne shal yelde vnto the lorde and to the partye double damages Also it is agreyd that fromhensforth sheryfes and other bayllyfes that receyue the kynges wryttes retournable in his court shall sende theyr owne names with the retournes so that the courte may knowe of whome they toke such retournes if nede be And if any sheryf or other bayllyf leue out his name in his retournes he shal be greuously amerced to the kynges vse Also for the comoÌ„ profytte of the people it is agreyd that no offycer in cyte or towne that by reason of his offyce ought to kepe assyses of wynes and vytaylles in asmuche as he is attendaunt to his offyce shall not by wynes nor vytaylles neyther in grose nor by retaylle And if any do be therof conuyct the merchaundyse wherfore he is conuyct shal be forfayte to the kynge and the .iii. part therof shal be delyuered to the partye that suyd the offendour as the kynges gyfte in suche case hâ— that wyll sue for a thynge so forfayted shal be receyued And the chauncellour treasourer barons of the eschequer iustyces of eyther benche and iustyces assygned to take assyses shall admytte such playntes by wryttes without wryttes and shall determyne them shall perfourme all thynges contayned in these articles in fourme abouesayd and neuerthelesse the kynge may assygne his iustyees to execute this thyng in cytes boroughes when and where it pleaseth hym ¶ Here endeth the statute of yorke ¶ The kynges prerogatyue made the .xvii. yere of Ed .ii. OVr soueraygne lorde the kyng shal haue the ward of all the landes of suche as holde of hym in chyeâ— by knyghtes seruyce wherof the tenaÌ„tes were seased in theyr demeane as of fee at the day of theyr death of whom so euer they holde els by lyke seruyce so that they helde of auncyent tyme any lande of the crowne vntyll the heyre com to his law full age excepte the fees of the archbysshop of Canterbury the byshop of Durham betwene Tyne Tese fees of â—â—les and barons in the marches where the kynges wryttes do not lye wherof the sayd archbyshops byshops erles baroÌ„s ought to haue such wardes though they held of the kyng in som other place ¶ The fyrst Chapitre ALso the kynge shall haue the maryage of an heyre beynge within age and in his warde whyther the landes of such heyres haue appertayned to the crowne of auncyent contynuaunce or that it came by reason of escheare beyng in the kynges handes or that he had the maryage by reason of the warde of the lordes of suche heyres without any respectes to the prioryte of feffement all be â—â— they helde of other ¶ The .ii. Chapitre ALso the kynge shall haue prymer season after the death of suche as helde of hym in chyefe of all landes and tenementes wherof they were seased in theyr demean as of fee of what age that theyr heyres be takynge the issues of the same landes and tenementes vntyll inquysicion be made as the maner is and â—â—â—tyll that he hath taken homage of such heyres ¶ The .iii. Chapitre ALso he shall assygne to wydowes after the death of theyr husbandes that helde of hym in chyef the dower that to them belongeth c. though the heyres be of full age if the wydowes wyll such wydows before assignemeÌ„t of theyr dower shall swere that they shall not marye themselues without the kynges lyceuse whyther the heyres be of full age or not And if they marye without lyceÌ„se then the kynge shall take into his handes by waye of dystres all suche landes tenemeÌ„tes as they hold of hym in do wer vntyll he be satysfyed at his owne wyll so that she shall take nothynge of the issues cÌ„ for after suche dystresses they or theyr husbandes muste fyne at the kynges wyll And his wyll in the tyme of kynge Henry father of kynge Edwarde was estemed to the one yeres value of her dower oneâ—es they had the greatter fauour women that holde of the kynge in chyef of what so euer age
that they be shall swere lykewyse that they shall not marye themselues without the kynges lycense And if they do theyr landes and tenementes shal be taken in lyke maner into the kynges haÌ„des vntyl they haue satysfyed at the kynges wyll ¶ The .iiii. Chapitre ANd if one inheritaunce that is holden of the kynge in chyefe dyscende to many partyners then all the heyres shall do homage to the kyng and the same inherytaunce so holden of the kynge shal be deuyded among those heyres so that euery of them after that shal holde theyr parte of the kynge ¶ The .v. Chapiter IF a womaÌ„ before the death of her auncetour that helde of the kynge in chyef be maryed before she be maryable then the kynge shall haue the warde of the bodye of the same woman vutyll she be of age able to coÌ„sent and then she may chuse whyther she wyll haue hym to whome she was fyrst maryed or hym that the kynge wyl offer her None that holdeth of the kynge in chyef by knyghtes seruyce may alyene the more part of his landes so that the resydue therof be not suffycyent to do his seruyce excepte he haue the kynges lycense but this may not be vnderstanden of membres parcelles of such landes ¶ The .vi. Chapitre OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made ¶ The .vii. Chapitre OF churches beyng vacaunt the aduousons wherof beloÌ„g to the kyng and other present to the same wherupoÌ„ debate aryseth betwene the kynge and other if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym so that he present within the space of syx monethes ¶ The .viii. Chapitre THe kynge shall haue warde of the landes of naturall foolys takyng the profyttes of them without waste or dystruccion and fynde to them theyr necessaryes of whose fee someuer that the landes be holden And after the death of suche idiotes he shall rendre it to the ryght heyres so that suche idiotes shall not alyene nor theyr heyres shal be dysheryted ¶ The .ix. Chapitre ALso the kyng shall prouyde when any that before tyme hath had his wytte and memorie happeÌ„ to fayâ—e of his wytte as there are many per lucâ—da interualla .i. by euydent spaces that theyr landes tenementes shal be saufely kept without waste or distruccioÌ„ and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same and the resydue besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto theÌ„ when they come to ryght mynde So that suche landes and tenementes shall in no wyse be alyened And the king shal take nothyng to his owne vse and if the partye dye in suche estate then the residue shal be distrybute for his soule by aduyse of the ordinarye ¶ The .x. Chapiter ALso the kynge shall haue wrek of the see thorough out the realme whales great sturgeons taken in the see or els where within the realme excepte in certayne places pryuyleged by the kynge ¶ The .xi. Chapiter ALso the kynge shal haue escheates of the landes of Normans to whose fee someuer they belonge sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inherytaunce discendyth to any that is borne â—n the partyes beyonde the see whose â—â—ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kynges of Fraunce and not of the kynges â—â— Englande as late it happened by the baronye of Monmouth after the death of Iohan of Monmouth whose heyres were of Brytayne and other places Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men and gaue them to be holden of the chyef lordes of the fee by seruyces and customes due and accustomed therunto ¶ The .xii. Chapitre UUhen any that holdeth of the king in chyef dyeth and his heyre entryth into the lande that his anncetour helde of the kynge the day that he dyed before he hath done homage to the kyng and receyued season of the kyng he shal gayne no freholde therby and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym Wherupon it was agreyd that his wyfe shulde not be indowed because that her husbande had not his entre by the kyng but rather by intrusyon howe be it this statute doyth not meane of socage and other small tenures ¶ The .xiii. Chapitre ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenauÌ„tes be attaynted for felonye in tyme of vacacyon whyles theyr temporaltes were in the kynges handes to gyue at his pleasure sauynge to suche prelates the seruyce that therto is due and accustomed ¶ The .xiiii. Chapitre UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyoÌ„ in his dede or wrytynge of knyghtes fees aduouzons of churches and dowers when they fall belongyng to suche manors or landes then at this daye the kynge reserueth to hymsef such fees aduousons and dowers all be it that amonge other persones there shal be implyed no suche reseruacyon ¶ The .xv. Chapitre ALso the kyng shal haue the goodes of al felons attaynted or that run awaye where som euer they be founde And if they haue freholde then â—â— shal be forthwith takeÌ„ into the kynges handes And the kyng shall haue all profytâ—es of the same by one yere and one daye the lande shal be wasted and dystroyed in the houses wodes gardeyns and in al maner of thynges belongynge to the same lande exceptyng men of certayn places priuyledged by the kynge therfore And after the kyng hath had the yere dayâ— â— waste then the laâ—de shall be restored is the chyef lorde of the fame fee onles that he fyne before with the kyng for the yere the daye the waste Neuertheles it is vsed in the countie of Gloucestre by custome that after one yere one daye the landes and tenementes of felons shal reuerte be restored to the nexte heyre â—â— whome it ought to haue descended if the felonye had not ben done And in Kenâ— in Gauelkynd The father to the bough the sonne to the plough There all heyres males shal dyuyde theyr inherytauÌ„câ— but women shall not make 〈…〉 with men And a woman after the death of her husband shal be indowed
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
any be impleded for al his land or for parte of the same so that the resydue be not suffycyent to the value of .xc. li. and can proue the same then the dystresse shall cease vntyll the same plee be determyned Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes so that the resydue therof doyth not amouÌ„te to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vntyll the foresayd dette be clerely payed And none shal be dystrayned to take vpoÌ„ hym the ordre of a knyght before that he come vnto the age of .xxi. yeres Also none by reason of any lande that he holdeth in maners whiche be now in auncyent demeane of the crowne as a sokeman and whiche lande also muste gyue â—allage when the kynges demeanes are taylled shal be dystrayned to take vpon hym the ordre of a knyght Also of them that holde theyr laÌ„des in socage of other maners then of the maners of the kyng doynge no foreyn seruyce the rolles of the chauÌ„cery shal be serched for the tyme of the kynges predecessours And it shal be done as it hath vsed to be done In lyke maner shal be done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye Also none shal be dystrayned for his burgage landes although they do amounte to the value of .xx. li. yerely or more Also they that ought to be knyghtes and be not whiche haue holden theyr landes in theyr handes but a small tyme. And lykewyse knyghtes that do pretende great age or defaute of theyr membres or any other incurable dysease or charge of theyr chyldren or of plees or do alledge such necessary excuses they shall go vnto Roberte Typtofte and Anthonye de Becke and shall make fyne before them to whom it is enioyned that accordyng to theyr dyscresyons they shall admytte the reasonable fynes of al such persons ¶ Here endyth the statute of knyghtes ⸫ ¶ A statute of waste made the â–ª xx yere of kyng Ed .i. WIllyam Boteller whiche is within age in warde of our soueraygne lorde the kyng hath shewed vn to the kynge that where Gawen Buteller his brother whose heyre he is hadde impleded one walter de Hapeton by the kynges wrytte for waste and dystruccyon made by hym in certeyn his landes and tenementes which the same walter helde for terme of his lyfe of the inherytaunce of the foresayde Gawyn in wymme and Thyrke And the aforesayd Gawyn before he had opteyned iudgement dyed After whose death the aforsayd wyllyam by a lyke wrytte impleded the foresayd walter for the waste distruccyon made by hym of longe tyme. The same walter before Gylbert Thorneton and his compaygnyoÌ„s assygned to here the kynges plees came in sayd that he ought not to aunswere the same wyllyam for the waste and dystruccion made in the tyme of any other before the ryght of the sayde inherytaunce discended vnto hym and therupon demaunded iudgement And for asmuch as certayne iustyces dyd not agree in gyueng of the sayd iudgement because it seamed to sume that it was not agreable to the lawe if another persone shulde opteyne auauntage recompense by the foresayde wryt whiche is a wrytte of trespas done to a persone certayne but onely the same persone to whome and in whole tyme the trespas was done Other iustyces with the more part of the kynges counsel were in the contrarye opinion alledgynge by dyuerse reasons that the sayd wyllyam ought to be harde and aunswered vnto and al other what so euer they be in lyke cases or iÌ„ lyke trespaces and for because lyke matters haue remayned not amended lyke trespaces vnponyshed which was inconuenient Our soueraygne lord the kynge in his full parlyament holden the daye after the feaste of the Purificacion in the .xx. yere of his reygne by a generall counsell hath ordeyned and from hensforth hath comaunded to be straytly obserued that euery heyre in whose warde so euer he be and aswell within age as of full age shall haue his recouerye by a wrytte of waste in the foresayd case and also in other where the same wrytte ought to holde place and it shall holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his auÌ„cetours as at any other tyme that the fee and inherytaunce dyscended vnto hym and shal be aunswered vnto therfore And that he shall recouer the landes wasted and damages as it is ordeyned in the laste statute of westmynster of damages to be recouered iÌ„ a wryt of waste if the tenaunt be conuycte for the waste And it is comaunded by the kynge hymselfe vnto the same Gylbert Thorneton and his compaygnyoÌ„s that they do procede in the foresayd matter and in other lyke fromhensforthe and iudgement shal be gyuen accordynge as the matter is founde And lykewyse it is comaunded vnto the iustyces that they shall cause all the aforesayd thynges to be straytly obserued before them fromhensforth ⸫ ¶ Here endyth the statute of waste ⸫ ¶ A statute of weyghtes and measures made the. Li. yere of K. Henry the thyrde THe standarde bushelles galons and elles shal be signed with an yroÌ„ scale of our soueraygne lorde the kynge saufely kept vnder the payne of an hundred li. And no measure shall be in any towne without it do agree with the kynges measure marked with the seale of the shere towne If any do sell or bye by measures vnsealed and not examyned by the mayer or bayllyfes he shal be greuously amerced And all measures of any towne both great small shal be vewed and examined twyse in a yere If any be coÌ„uyct for a double measure that is to wyte a greater for to bye with a small to sell with he shal be imprysoned for his falshode and shall be greuously ponyshed The standard busshelles and elles shal be in the custodie of the mayer and bayllyfes and of syx lawfull persones of the same towne beynge sworne before whome all measures shal be sealed No maner of grayne shall be solde by the heppe or cautell except it be â—tes malte and fetche ¶ Finis ¶ The statute of forstallours made cÌ„ ⸫ IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shal be dwellyng in any towne which is an oppressor of pore people manyfestly and a comon enemye of the hole shyre and countre whiche for gredynes of shamefull lucre doth preueÌ„t other in byeng grayne fyshe herryng or any other thynge to be solde comyng by lande or watter oppressyng the pore and despysyng the ryche which carryeth awaye suche thynges entendyng to sell them more dere The which comyng to marchauntes straungers that brynge marchauÌ„dyse offeryng them to bye and informyng theÌ„ that theyr goodes myght be derer sold then they intended to sell
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 a mâ—yte And if she commytte forâ—â—cacion in heâ— wydowhed or take an husbande afterwarde she shall lese her dowet Finis ¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii. UUhen a fre maÌ„ shal make homage to his lorde of whom he holdeth in chyef he shall hold his handes togyther betwene the handes of his lord shal say thus I become your froÌ„ this daye forth for lyfe for meÌ„bre for worldly honour and shall owe yow my fayth for the landes that I holde of you sauyng the fayth that I do owe vnto our soueraygne lord the kyng to myne other lordes when a freman shall do fealte to his lorde he shal holde his ryght hande vpon a boke and shall saye thus Here you my lorde â— that I. P. shal be to you both faythful true shall owe my fidelite vnto you for the lande that I hold of you lawfully shall do such customes seruyces as my duety is to you at the termes assygned so helpe me god all his saynctes When a villayne shall do fealte vnto his lorde he shall holde his ryght hande ouer the boke shall say thus Here you my lord A. that I. B. from this daye forth vnto you shal be true faythfull and shal owe you fealte for the lande that I holde of you in villenage and shal be iustefyed by you in body goodes so helpe me god all his saynctes Finis ¶ The statute of wardes and relyefes made the .xxviii. yere of Edwarde the fyrst IT is to wyte that when any relyef is gyueu therto wardshyp belongeth contrary wyse And such as holde by sertaunte to go with the kynge in his hoste there warde and relyef are incydeÌ„t And such as holde by pety sertauntye as to bere shelde or spere in the kynges hoste to bere or to carye there lyeth nether warde maryage nor relyef Also a fre sokeman shal not gyue warde nor relyef but he shall double his rente after the death of his auncetour accordyng as he hath vsed to paye and shall not be vnmesurable greued Now som what is to be sayed of the nature of hauyng wardes There be .ii. maners of wryttes to haue awardes one is where landes be holdeÌ„ in knyghtes seruyce the other is where landes be holden in sâ—cage The warde of lande that is holden in knyghtes seruyce belongeth to the chyefe lorde the maryage which ought to be without dispâ—ragement as the great chartourly my tyth vntyll he comyth to the age of .xxi. yeres The warde of an heyre that holdeth in socage if the inherytaunce dyscende of his mothers syde then it belongyth to the nexte frende of the fathers syde and contrarye wyse And a wrytte to recouer warde may be brought in .iii. maners one is when a man demauÌ„dyth warde of the lande and of his heyre and that is in case when a man holdeth land of another by knyghtes seruyce and the tenaunt dyeth then may the chyef lorde if he be deforced demaunde the warde of his lande and heyre shall haue both warde and maryage Another maner is when a man is infeffed of a rode of lande by one man and by another of another rode the secounde lorde may not brynge a wrytte of warde to recouer eyther the lande or the heyre for the warde belongeth to the lorde of whome he was fyrst infeffed The .iii. maner is where a man hath lande in his handes by reason of a warde and hath not the heyre then he may brynge a wrytte to demaunde the heyre and not the lande ¶ Here endyth the statute of wardes and relyefes made the .xxviii. yere of Edward .i. ¶ Here begynneth a statute concernyng generall dayes in the bench made the .li. yere of H. the .iii. IF a wrytte come within the vtas of S. Myghell a daye shal be gyueÌ„ therupoÌ„ vnto the vtas of S. Hyllarye if it come in the quynzieme of S. Myghel day shal be gyueÌ„ vnto the quynzieme of S. Hillary If it com in the .iii. wekes after S. Myghel the day shal be crastiÌ„o purificatioÌ„is If withiÌ„ a moneth after Myghelmas in the vtas of the purification If in crastino animaruÌ„ then in the quynzieme of Easter If in crastino Martini then in the .iii. wekes after Easter If in the vtas of S. Martini then in Easter moneth If in the quynzieme of saynt Martyne then within .v. wekes after Easter also there is a day specially gyueÌ„ in crastino ascensioÌ„is it â—â—â—â—â—uayleth as much as within .v. wekes after Easter If in the vtas of saynt Hyllarye in the vtas of the Trinite If in quindena Hillarii then in quindena Trinitatis and somtyme in crastino of saynct Iohan Baptyste If in crastino purificationis then in crastino vtas of sayncte Iohan Baptyste If in the vtas of the purification then in quindena of Iohan Baptyst If in quindena Pasche then in the vtas of saynct Myghell If within .iii. wekes after Easter then in quindena of saynct Myghell If within Easter moneth then within .iii. wekes of the feast of saynct Myghel If within fyue wekes after Easter or in crastino Ascensionis then within a moneth after the feaste of S. Myghell If in the vtas of the Trinite then in crastino animaruÌ„ If in quindena trinitatis or in crastino of saynct Iohan Babtyste then in crastino Martini If in the vtas of sayncte Iohan Babtyst then in the vtas of S. Martyne If in quindena of saynct Iohan Baptyst then day shal be gyuen vnto quindena Martini Finis ¶ The statute of Bygamye made the .iiii. yere of Ed .i. IN the preseuce of certayne reuerende fathers byshops of Englaud and other of the kynges counsell the coÌ„stitucyons vnderwryten were recited after harde publyshed before the kynge and his counsell for asmuche as all the kynges counsel aswell iustyces as other haue agreyd that they shulde be putte in wrytyng for a perpetuall memorie and for that they shuld be stedfastly obserued ¶ The fyrst Cha. COncernyng plees where the tenaunt sayeth that he can not aâ—swere with out the kynge It is agreyd by the iustyces and other wyse men of the kynges counsell which heretofore haue had the vse and praciyse of iubgemeÌ„tes that where a feffemeÌ„t was made by the kyng with a dede therupon that if another persone by a lyke feffement a lyke dede be bounden to warrauÌ„tye The iustyces coude not heretofore haue proceded any further without the kynges comaundement had therfore And also it semyth that they coude not ¶ The .ii. Cha. IN certayn cases as where the kyng hath coÌ„fyrmed or ratefyed the dede yf another man to the vse of another or hath graunted any thynge asmuche as hymselfe may or where a dede is shewed and no clause contayned therin wherby â—e ought to warrauntyse and in lyke cases they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke but after