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A22766 The boke of Magna Carta with diuers other statutes, whose names appere in the nexte lefe folowynge, translated into Englyshe.; Laws, etc. England.; Ferrers, George, 1500?-1579.; England. 1534 (1534) STC 9272; ESTC S122094 155,124 406

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woodes and pastures because the same feffees ought to haue sufficient pasture accordyng to theyr holde Thus it is prouyded and graū●ed that whan so euer suche feffees ●o brynge an assyse of nouell dysseson for theyr comē of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffyseth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture then let them be cōtented therwith and they on whome it was cōplayned shal go quyte of that in so moch as they haue made theyr ꝓfyte of theyr landes was●e woodes and pastures And if they alledge that they haue not suffycyent pasture or suffycyent ingate outgate accordynge to theyr holde then let the truth be inquered by assyse And if it be sounde by the assyse that the same deforceours haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffyciēt pasture as before is sayd then shall they recouer theyr sea son by vyew of the inqueste so that by theyr dyscrecyō and othe the playntyfes shall haue suffycient pasture and suffycyēt ingate and outgate in fourme aforesayd And the dyssesors shal be amerced and shall yelde damages as they were wont before this prouysyon And if it be certefyed by the assyse that the playntyfes haue suffycient pasture with fre ingate and outgate as before is sayd let the other make theyr profyte or approuement of the resydue and go quyte of that assyse ¶ The .v. Chapiter LIkewyse it is prouyded graunted of the kynge that from hensforth vsuryes shal not rēne agaynst any beynge within age from the tyme of the deathe of his auncetour whose heyre he is vnto his lawful age so that notwithstandyng this the payment of the pryncypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is ¶ The .vi. Chapite OF heyres that be led away witholden or maryed by theyr frendes or by other with force agaynste our peas Thus it is prouyded that what so euer ●ay man be conuyct therof that he hath so witholden any chylde led away or maryed he shall yelde to the loser the value of the maryage And for the offence his bodye shal be taken and imprysoned vntyll he haue recompensed the loser if the chylde be maryed and further vntyll he hathe satisfyed the kynge for the trespas And this muste be done the heyre beyng within the age of .xiiii. yeres And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable cōuenyēt maryage without dysperagement then his lorde shal hold his lande beyonde the terme of his age that is to saye .xxi. yeres so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude collusyon and after as it may be proued in the kynges courte And as touchyng lordes which marye those that they haue in warde to vyllayns or other as burgesses where they be dysperaged if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage then if his frendes cōplayne of that lorde he shall lose the wardshyp vnto thage of the heyre And all the profytes that therof shal be taken shall go to the vse of the heyre beyng within age after the dyscrecyon prouysyon of his frend● for shame done to hym but if he were xiiii yeres and aboue so that he may cōsent and do consent to such maryage no payne shall folow If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be compelled therto but whē he comyth to full age he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande and that whyther he wyll marye hymselfe or not for the maryage of hym that is within age of more ryght pertayneth to the lorde of the fee. ¶ The .vii. Chapiter OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder H. kynge the yere and daye It is prouyded that from densforth there be no mencyon made of so longe tyme but frō the tyme of kyng Henry our graundfather And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore And the wryttes before purchased shall procede wryttes of mortdauncetor of natiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande And this acte shall take effecte as before is declared wryttes o● nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme aforesayd and all wryttes purchased before shall procede ¶ The .viii. Chapiter TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke maner as one that is borne after matrymony all the byshops aunswered that they wolde not nor coulde not aunswer to it because it was dyrectly agaynst the order of the churche And all the byshopes instaunced the lordes that they wold cōsent that all suche as were borne afore matrimony shuld be legyt●ymate aswell as they that be borne within matrimonye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme and all the erles and batons with one voyce aunswered that they wolde not chaunge the lawes of the realme which hytherto haue ben vsed and approued ¶ The .ix. Chap. MOreouer it was enacted that euery freman which oweth sute to the countye trythyng hundred and wapētake or to the courte of his lord may frely make attorney to do the sutes for hym ¶ The .x. Chapiter OF trespasers in parkes and warrens it is not yet dyscussed for the lordes demaunded the propre imprysonment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed wherfore it was deferred ¶ Here endeth the statute of Merton ¶ The statute of Marlebrygge THe yere of grace a. M. CC .lxvii. the .lii. yere of the raygn of kyng H. son of kyng Iohā in yvtas of S. Martyn for the bettar estate of this realme of England for the more spedy minystracion of iustyce as belongeth to ●hoffyce of a kynge the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree It was prouyded agreyd ordeyned that where a● the realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons for reformacyon wherof statutes and lawes be ryght necessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes ordynaunces and statutes vnder wrytten whiche
as appertayne to vs and our heyres we shall obserue And all men of this our realme aswell spirituall as temporall as muche as in them is shall obserue the same agaynst all persones in lyke wyse And for this our gyfte and graunte of these lybertes and of other contayned in our chartour of lybertes of our forest The archebysshops byshops abbottes pryors erles barons knyghtes freholders other our subiectes haue gyuen vnto vs the .xv. part of all theyr moueables And we haue graunted vnto them on the other part that nether we nor our heyres shall procure or do any thyng wherby the lybertes in this chartour contayned shall be mynys●●● or brokē And if any thyng be procured by any persone contrarye to the premysses it shall be had of no force nor effecte These beyng wytnesses Bonyface archebyshop of Canterbury and byshop of London and other Gyuen at westmynster the .x. day of February the ix yere of our raygne We ratefyeng approuynge these gyftes and grauntes aforesayd confirme and make stronge al the same for vs and our heyres perpetually And by the tenor of these presentes do renew the same wyllyng grauntynge for vs and our heyres that this chartour in all and synguler his artycles for euermore shal be stedfastly surely and ●●●●olably obserued And if any artycle in the same chartour contayned yet hytherto peraduenture haue not ben obserued nor kepte we wyll and by our authoryte royall commaunde that from hēsforth they be surely obserued These beyng wytnes R. archbyshop of Canterbury prymate of Englande A. bysshop of Duresme and other Gyuen at westmynster with our owne hande the .xxviii. day of the moneth of March the xxviii yere of our reygne ¶ The chartour of the forestes EDward by the grace of God kyng of Englande lorde of Irelande duke of Guyan to all archbyshops bysshops abbottes pryors erles barons iustyces sheryffes prouostes minystres and to all our bayllyffes and faythfull subiectes greatynge We haue seen the chartour of the lorde Henry our father sometyme kynge of Englande concernyng the forest in these wordes Henry by the grace of god kyng of Englande lorde of Irelande duke of Normandye of Guyan c̄ as in the begynnyng of the great chartour ¶ The fyrst Chap. FIrst we woll that all forestes which kyng Henry our graundfather aforested made shal be vyewed by good and lawfull men And if he haue made forest of any other wood more then of his owne demeane wherby the owner of the wood hath hur● we woll that forthwith it be put out of the forest And if he haue made forest of no manis woo● but of his owne then we woll that it remayne forest styll Sauyng the comon o● herbage and of other thynges ī the same forest to them which before were accustomed to haue the same ¶ The .ii. Chapiter MEn that dwell out of the foreste fromhensforth shall not come before the iustyces of our foreste by no comon somons oneles they be impledyd there or be suretyes for some other that were attached for the forest ¶ The .iii. Chapiter ALl woodes which haue ben made forest by kynge Rychard our vncle or by kyng Iohan our father vnto ou● fyrste coronacion shall be forthwith put out of forest onles it be our demean wood ¶ The .iiii. Chapitre ALl archebyshops byshops abbottes pryors erles barons knyghtes other our freholders ▪ whiche haue theyr woode● in forest shall haue theyr woodes as they had them at the tyme of the fyrst coronacion of kyng Henry out graundfather so that they shal be quyte for euer more of all purprestures wastes and assartes made in those woodes syns that tyme vnto the begynning of the secound yere of our coronacion And those that fromhensforth do make purpresture without our specyal lycēse or make waste or assarte in the same shall aunswere vnto vs for the same wastes purprestures and assartes ¶ The .v. Chapiter OUr rangers shall go thorough the foreste to make regarde as it hath ben accustomed at the tyme of the fyrste coronacion of kyng Henry our graundfather and none otherwyse ¶ The .vi. Chapiter THe inquerye or vyew for lawynge of dogges within our forest shal be made fromhensforth when the regarde is made that is to saye euery .iii. yere then it shal be done by the vyew and testymony of honest men not otherwyse And he whose dogge is not lawed and so founde shal be amercyed and paye for the same .iii. s. And fromhensforthe no ore shal be taken for lawyng of dogges And such lawyng shal be done by the assyse comonly vsed that is to say that .iii. clawes of a forefo●e shall be cutte of by the skynne But frōhensforth such lawynge of dogges shall not be done but in places where it hathe ben accustomed from the tyme of the fyrst coronacion of the foresayd kynge Henry our graundfather ¶ The .vii. Chapiter NO foster or walker fromhensforth shall make scot all or gather garbe of o●es or any corne lambe or pygge nor shal make no gatheryng but by the syght and vpon the othe of the .xii. rangers when they shall make regarde ¶ The .viii. Chapiter NO swanymote fromhensforth shal be kepte within this our realme but thryse in the yere fyrste the .xv. daye before Myghelmas when that our gest takers and walkers of our woodes com togyther to take geste in our demean● woodes And about the feast of sayncte Martyne in wynter when that our gest takers shall receyue our pawnage And to these two swanymotes shall com ou● fosters verders gest takers and none other by dystres The thyrd swanymote shal be kept in the begynnyng .xv. dayes before the feaste of saynct Iohan Baptyste when that our gest takers or walkers do mete to hunte our deere and at this swanymote shall mete our fosters verders and none other by dystres Moreouer euery .xl. dayes through the yere our fosters and verders shall mete to see the attachmentes of the forest aswell for grenehue as for huntyng by the presentmēt of our fosters And they that by them afore were attached And the sayd swanymotes shall not be kepte but within the countyes in which they haue ben vsed to be kepte ¶ The ix Chapiter EUery fremā may put a geste in his owne wood within our foreste at his pleasure and shall take his pawnage Also we do graunte that euery freman may dryue his swyne frely and without impedymêt through our demean woodꝭ there to a gest thē in theyr owne woodes or els where they woll if theyr swyne rarye one nyght or lye within our forest they shall not be hurte therfore nor lese no thyng therby ¶ The .x. Chapiter NO man fromhensforthe shall lose nother lyfe nor mēbre for kyllynge of our deere but if any man be taken therwith conuyete for kyllynge of our deere he shal be greuously raunsomed if he haue any thynge wherof And if he haue nothyng to lese he shal be unprysoned a yere and a daye And
sayd And the merchaūt shal fynde hym bread and water the merchaunt shall haue such season in the landes and tenemētes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the d●tte be payd And as sone as the dette is leuyed the bodye of the dettour shal be delyuered with his landes and in suche wryttes as the chauncellour doyth awarde mencyon shal be made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shal be afore the iustyces if agrement be not made and if the sheryfes do not retourne the wrytte or do retourne that the wrytte came to late or that they haue dyrected it to the bayllyfes of some frauuchyse the iustyces shall do as it is contayned in the statute of westmynster And if the sheryf retourne that the bettour can not be founde or that he be clerke the merchauntes shall haue wryttes to all the sheryfes or he shal haue the lande and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent to holde vnto hym his assygnes in the fourme aforesayd at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye and to retayne ī maner afore sayd and the kepar of the pryson ought to take hede that he muste aunswere for the bodye or for the dette and after that the dettours landes be delyuered to the merchaūt the dettour may lawfully sell his land so that the merchaunt haue no damage of the approwemētes and the merchauntes shall always be allowed for theyr damages and all costes labours sutes delayes expenses reasonable And if the dettour fynde suretyes which knowlege thēselues to be pryncypall dettours after the day passed the sure tyes shal be ordered in all thynges as is sayd of the pryncypal dettour as to the arrest of body delyuere of lādes other thynges And when the landes of the dettours be delyuered vnto the merchaūte he shall haue season of all the landes that were in the hande of the dettour the day of the recognysaūce made in whose handes so euer that they com afterward eyther by feffement or otherwyse and after the dette payed the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours And if the dettour or his suretyes dye the merchaūt shall haue none authoryte to take the body of his heyre but he shall haue his landes as before is sayd if he be of age or when that he is of full age vntyl suche tyme as he hath leuyed of the landes the amountāce value of the dette And also anothe● seale shal be prouyded that shall serue for fayres and the same shal be sente vnto euery fayre vnder the kynges seale by a clerke sworne or by the kepar of the fayre And of the comynalte of London two merchauntes shall be chosen that shall swere and the seale shal be opened before them and the one pece shal be delyuered vnto the foresayde merchauntes the other shall remayne with the clerke And before them or one of the merchauntes if bothe can not attende the recognysaunces shal be takē as before is sayde and before that the recognysaunces be inrolled the payne of the statute shall be openly redde before the dettour so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe and to maynteyne the costes of the sayd clerke the kyng shal take of euery li. i. d. in euery towne where the seale is except fayres where he shal take .i. d. ob of the li. This ordynaūce and acte the kyng wyl leth to be obserued frōhēs forth throughout his realme of Englande Irelande amonges the whiche people they that wyll may make such recognysaunces excepte Iuys to whome this ordynaunce shall not extende and by this statute a wrytte of dette shall not be abated the chauncellour iustyces of eyther bench iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made but the execucyon of recognysaunces made before them shal not be done ī the fourme afore sayd but by the lawe and maner before vsed and otherwyse prouyded in other statutes Rex vic salutem Quia coram tali maiore vel custode talis ville vel coram custode sigilli nostri de mercatoribus in nundinis de tali loco et tali clerico nostro A. recognouit debere B. tantū quod soluisse debuit tali die et tali anno quod idem B. nondum soluit vt dicit Tibi precipimus quod corpus predict●… A. si laicus sit capias et ī prisona nostra saluo custodiri facias quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus Scire facias iustie nostris apud westmonasteriū per litteras tuas sigillatas et habeas ibi hoc breue Teste ▪ c. ¶ Here endyth the statute of merchauntes The statute of relygyous men WHereas of late it was prouyded that relygyous mē shulde not entre into other mens fees without specyall lycense of the chyef lordes of whome such fees be holden immedyatly And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them and somtyme receyuyng of the gyft of other men wherby the seruyces that are due of suche fees which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen And the chyef lordes do lese theyr eschetes of the same we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates ●ries barons other our subiectes beyng of our coūsell haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any lādes or tenemētes or vnder the colour of gyfte or lesse or that wyll receyue by reason of any other tytle what so euer it be landes or tenementes or by any other crafte or engyn wyll presume to appropre to hymselfe vnder payn of fortayture of the same wherby such landes or tenementes may any wyse come into mortmayne we haue prouyded also that if any persone relygyous or other do presume eyther by crafte or engyn to offend agaynst this statute it shal be leful to vs and other chyef lordes of the fee ymmedyate to entre in the lande so alyened within a yere from the tyme of the alyenacyon to holde it in fee and as inherytaūce And if the chyef lorde ymmediate be necglygent wyll not entre within the yere then it shal be lefull to the nexte chyef lorde immedyate of the fee to entre in the same lande within halfe a
prouyded for them to haue recouery of theyr dettes at the daye of payment assygned And by reason hereof many merchauntes haue withdrawen to com into this royalme with theyr merchaundyses to the great damage aswell of the merchūtes as of the hole royalme The kynge hymselfe and his counsayll hath ordeyned establyshed that euery merchaunt which wylbe sure of his dette shal cause his dettour to come before the mayer of London or of yorke or of Brystow or before the mayer and a clerke whiche the kynge shal appoynte for the same for to knowlege the dette and the day of paymēt the recognysaunce shal be entryd into a roll with the hande of the sayde clerke which shal be knowen Moreouer the sayd clerke shal make with his owne hande a byll obligatorye wherunto the seale of the dettour shal be put with the kynges seale that shal be prouyded for the same purpose the whiche seale shall remayne in the kepyng of the mayer and clerk abouesayd And if the dettour doth not paye at the day of hym lymyted the creditor shal come before the sayd mayer and clerke with his byll obligatorye And if it be found by the rolle and by the byll that the dette was knowledged and that the daye of payment is expyred the mayer shall incontynent cause the mouables of the dettour to be solde as farre as the dette doth amounte at the preysyng of honeste men after the maner of borugh goodes deuysable vntyl the hole summe of the dette the money be fully payed to the creditour And if the mayer can fynde no byer he shal cause the mouables to be delyuered to the creditour at a reasonable pryce asmuche as doth amounte to the summe of the dette And the kynges seale shall be putte vnto the sale and delyueraunce of the goodes deuysable for a perpetuall wytnesse And if the dettour haue no mouables within the iurisdiccyon of the mayer wherupon the dette may be leuyed but peraduenture hath some otherwhere within the reyalme then shall the mayer retourne the recognysaunce made before hym and the clerke aforesayd vnto the chauncellour vnder the kynges seale And the chauncellour shall dyrecte a wrytte vnto the sheryfe in whose baylewyke that the mouables of the dettour hap to be and the sheryfe shall cause hym to agree with his creditor in such fourme as the mayer shulde haue done in case that the mouables of the dettour had ben within his power And let them that haue preysed the mouable goodes to be delyuered vnto the creditour take good hede that they doo sette a reasonable pryce vpon them for if they do sette an ouer hyghe pryce for fauour borne to the dettour to the damage of the creditor then shall the thynge so preysed be delyuered vnto themselfes at such pryce as they hauely mytted shal be forth with aunswerable vnto the creditour if the dettour wyll saye that the mouable goodes were delyuered or solde for lesse then they were worthe yet shall he haue small remedie therby for when the mayer or the sheryf haue solde the mouable goodes lawfully to hym that offered most he may accoūt it his owne foly that he dyd not sell his owne mouable goodes hymselfe before the day of the suyte when he myght well ynough so haue leuyed the money with his owne hendes And if the dettour haue no mouables wherupō the dette may be leuyed then shal his body be takē where it may be founden kepte in pryson vntyll that he hath made agrement or his frēdes for hym And if he haue not wher with he maye sustayne hymselfe in pryson the creditor shall fynde hym bread water to th ende that he dye not in pryson for defaute of sustenaunce the which costes the dettour shall recompence hym with his de●●e before that he be let out of pryson And if the creditour be a merchaunt straungyer he shall remayne at the costes of the dettour for so long tyme as he taryeth about the suyte of his det and vntyll the mouable goodes of the dettour be solde or delyuered vnto hym And if the creditour do not take the deltour alone for the suretye of his paymēt by reason wherof pledges or maynpernours be founden then those pledges or maynpernours shall come before the mayer and clerke abouesayd and shall bynde themselues by wrytynges and recognysauncec● in lyke maner as the pryn cypall dettour And in lyke maner if the dette be not payed at the daye lymytted such execucyon shal be awarded agaynst the pledges or maynpernours as before is appoynted for the dettour Prouyded neuerthelesse that so longe as the dette may be fully takē leuyed of the goodes mouable of the dettour in fourme aboue mencyoned the maynpernours or pledges shal be without damage notwithstandyng for defaute of mouable goodes of the dettour the creditour shall haue execucyon of his recognysaunce vpon the maynpernours or pledges in suche maner and fourme as before is lympted agaynst the pryucypall dettour ¶ Finis ¶ Artycles vpō the chartours made the .xxviii. yere of kynge Edwarde the fyrste ⸫ FOr-asmuche as the artycles of the greate chartour of the lybertes of Englande and of the chartour of forest the whiche kynge Henry father to our soueraygne lorde the kynge graunted to his people for the weale of his royalme haue not ben heretofore obserued ne kepte and all because there was no ponyshement executed vpon them whiche offendyd agaynste the poyntes of the chartours before mencyoned Our soueraygne raygne lorde the kynge hathe agayne graunted renewed and cōfermed them at the requestes of his prelates erles barons assembled in his parlyamēt holden at westmynster the xxviii yere of his reygne And hath ordeyned enacted establyshed certayne artycles agaynste al them that offende cōtrary to the poyntes of the sayd chartours or any parte of them or that in any wyse transgresse them in the fourme that ensuyth 1. Fyrst of all that fromhensforth the greate chartour of the lybertes of Englande graunted to all the comynalte of the royalme and the chartour of foreste in lyke maner graunted to be obserued kept and maynteyned in euery poynte in as ample wyse as the kynge hath graūted renewed and cōfermed them by his chartour And that the chartours be delyuered to euery sheryfe of Englande vnder the kynges seale so be red foure tymes in the yere before the people in the full conntie that is to wyte the next coūtie day after the feast of S. Myghell and the nexte countie day after the feaste of the circumcisyon and after Easter and after the feast of saynt Iohan Babtyste And for these two chartours to be fermely obserued in euery poynte and artycle where before no remedie was at the comon lawe there shal be chosen in euery shyre court by the cominaltie of the same shyre thre substancyall men knyghtes or other lawful wyse and wel dysposed persones to be iustyces whiche shal be assygned by the kynges lettres patentes vnder the greate
of wastes distrucciōs done by eschetours or subeschetours in the landes of wardes as of houses woodes parkes warrens of all other thynges that fall into the kynges handes The kyng wyll that he which hath sustayned damage shal haue a wrytte of waste out of the chauncery agaynst the eschetour for his acte the subeschetour for his act if he haue wherof if he haue not his mayster shal be aunswerable by lyke payn cōcernyng damages as is ordeyned by the statute for them that do wast in wardshyps 19. Frōhensforth where the eschetour or the sheryfe sease landes into the kynges handes where there is no cause of seyser And after whē it is founde no cause the profytes taken in the meane tyme haue ben styll reteyned and not restored when the kynge hath his oustre ie mayne The kynge wyll that if hereafter any landes be so scasyd after it be out of his handes by reason that he hath no cause to cease nor to holde it the issues shal be fully restored to hym to whome the lande shal remayne and which hath susteyned the damage 20. It is ordeyned that no goldesmyth of Englande nor none otherwhere with in the kynges dominyon shall not fromhensforth gylde nor cause to be gylded no maner of vessell iewell or any other thynge of golde or syluer except it be of the very best alaye that is to wyte golde of a certayne alaye and syluer of the sterlyng alaye or of better after the discrecyon of hym to whome the golde belongeth and that none gylde worse syluer then sterlyng And that he suffer no maner of vessell of golde or syluer to depart out of his handes vntyl it be assayed by the wardeyns of the crafte and further that it be marked with the lybardes hed And that they worke no worse golde thē of the towch of parys And that the wardeyns of the crafte shall go from shop to shop among the goldesmythes to assaye if theyr golde be of the same towche that is spokē of before And if they fynde any other then of the towche aforesayd the golde shal be forfayte to the kynge And that none shal make rynges crosses nor lockes And that none shall set any stone in golde except it be naturall And that grauers or cutters of stones of seales shall ▪ gyue to eche theyr wheyght of syluer as ferforth as they can vpon theyr fidelite And the iewelles of base golde whiche they haue in theyr handes they shall vtter as fast as they can And from hensforth if they bye any of the same worke they shall bye it for to worke vpō and not to sell agayne And that all the good townes of Englande where any goldesmythes be dwellyng shal be ordered accordynge to this estatute as they of London be And that one shall come from euery good towne for all the resydue that be dwellyng in the same vnto London for to be assertayned of theyr towche And if any goldsmyth be attaynted hereafter because that he hath done otherwyse then before is ordeyned he shal be ponyshed by imprysonment shal make fyne at the kynges pleasure And nothwithstandyng al these thynges before mēcioned or any poynte of thē both the kyng his coūsell all they that were present at the making of this ordinaūce wyll intende that the ryght prerogatyue of his crowne shal be saued to hym in all thynges ¶ Finis THe names and reygnes of al the kynges of Englande frō the tyme of kynge Edwarde the confessour sone to Etheldrede vnto our most excellent and victoryous prynce kyng Henry the eyght and howe long they reygned and where they be buryed ⸫ 1. EDwarde sone of Etheldrede reygned xxxiii yeres and .xxxix. wekes and is buryed and translated at westmynster 2. Harolde son of Goodwyne reygned xl wekes and two dayes and was slayne by wyllyam Conquetour 3. Wyllyam the conquerour duke of Normandy began his reygne the .xiiii. daye of Octobre the yere of grace M .lxvii. and was crowned the .xxv. daye of Decembre then nexte folowyng dyed the .ix. daye of Septembre and reygned x● yeres ●i monethes and .xxii. dayes and is buryed at Cane in Normandye in the same monastery wherof he was foundour som bokes say that wyllyam cōquerour dyed the xi day of Septēbre 4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of Septēbre the yere of grace M lxxxxvii and was crowned the .xxvii. day of Septembre next folowynge dyed the fyrste day of Auguste the yere of grace M. C. and so reygned .xxii. yeres .xi. monethes and .xvii. dayes and is buryed at wynchestre and this kynge made the great a●le at westmynster and perfourmed the buyldyng of the towre of Londō which Iulius Cesar began and the kynge of Scottes dyd homage vnto hym 5. Henry the fyrst of that name brother to Wyllyam Rufus began his reygne the fyrst day of August the yere of grace M. C. and was crowned the .v. daye of Auguste next folowyng and dyed the secounde daye of Decembre and reygned xxxv yeres .iiii. monethes and .xi. dayes And is buryed at Redynge And in the tyme of this kyng beganne the ordre of chanons and the ordre of templets 6. Stephen sone to Henry the fyrst began his reygne the secounde day of Decembre the yere of grace M. C .xxxv. And was crowned the .xxvi. daye of Decembre nexte folowynge And dyed the .xxv. daye of Octobre And reygned .xix. yeres .xi. monethes and .xix. dayes And is buryed at Feuersham 7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Ange●y began his reygne the .xxv. daye of Octobre the yere of grace M .liiii. And was crowned the .xx. daye of Iulye And reygned .xxxiiii. yeres .ix. monethes two dayes And is buryed at Fountuerard in Normandye And in the tyme of this kynge was founde the sem●les cote of our lorde And in the tyme of this kynge was slayne Thomas archebyshop of Canterbury 8. Rycharde the fyrste sone of Henry the secounde beganne his reygne the .v. daye of Iuly the yere of grace M. C. lxxxi● And was crowned the thyrde daye of Septembre nexte folowynge And dyed the .vi. day of Apryl And reygned .ix. yeres .ix. monethes and .xxii. dayes And is buryed at Fountuerarde in Normandye And in the tyme of ●his kynge the Iues were slayne and bannyshed out of Englande 9. Iohan brother to the sayd Rychard began his reygne the .vi. day of Apryll the yere of grace M. C .xcix. And was crowned the .xxvi. daye of Iuly nexte folowyng And dyed the .xix. daye of Octobre And reygned xvii yeres .vii. monethes And is buryed at worcestre And in the tyme of this kynge the royalme was interdyted And the cyte of London with a great multytude of men burned And in the tyme of this kyng began the ordres of freres minors carmelytes preachers that is to wyte grey whyte and blacke And the kynge of Scottes dyd homage vnto hym And this kynge
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 ▪ 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 vanqu●shed the Scottes at Halydon hyll in whiche battayll he ●●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 ●●●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 accōpanyed with m●ny other rebelles of Rent made an insurreccion in the realme And in his tyme also began the opinions of Iohan wy●lefe 15. Henry the fourth so●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 A●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 Nouēbre 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. Edmōdes 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. i● 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 seuēth 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 Newer●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 ●●aytorously named hymselfe the secoūd 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
or to do as is contayned in the wrytyng or leasse It is establyshed that after the two yeres passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye And if he agaynst whom the lande is demaunded come before iudgement and paye the atretages and the damages fynde sutetye such as the courte shall thynke suffy ▪ cyent to paye fromhensforth as is contayned in the wryttynge of his lesse he shall kept the lande And if he tarye vntyl it be recouered by iudgement he shal be barred for euer after ¶ The .v. Chapiter IT is prouyded also that a man frōhensforthe shall haue a wrytte of waste in the chaūcery agaynst hym that boldeth by the lawe of Englande or otherwyse for terme of lyfe or of yeres or a woman that holdeth in dower And who that is attaynted of waste shall lese the thynge wasted and moreouer shall recompence thryse so much as the waste shal be tared at for waste made in the tyme of wardshyp shal be done as is contayned in the great chartour the seconde chapitre that is to saye that he which dyd waste durynge the wardshyp sholde lese the warde it is agreyd that he shall recompence the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde ¶ The .vi. Chapiter IT is prouyded also that if a man dye hauyng many heyres of whō one is son or doughter brother or suster nephew or nece and the other be of a further degre all the heyres shall recouer fromhensforth by a wrytte of mortdauncetour ¶ The .vii. Chapiter ALso if a woman sell or gyue in fee or for terme of lyfe suche lande as she holdeth i dower It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche woman shal immedyatly recouer by a wryt of entre in the chauncery ¶ The .viii. Chapiter IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do and that none frō hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. ● at the least And if he complayne of betyng he shall swere by his fayth that his playn● is true of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not so that if they be attaynted in the absence of the partye the sheryffe shal be commaunded to take them and shall haue lyke payne as the partyes shulde haue had if they had ben present at the iudgem●nt gyuen And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shal be gyuen them vnto the comyng of the iustyces errauntes and the defendauntes in the meane tyme shal be in peace in suche plees and other where as attachemētes and dystresses do lye And if the defendāt ●ssoy●e hymselfe of the kynges seruyce and do not brynge his warraunte in at the day gyuen hym by the essoyne It is prouyded that he shall recompence the playntyf damages for his iourney .xx. ● or more after the discrecyon of the iustyces and at the leaste shal be greuously amerced vnto the kynge ¶ The .ix. Chapiter IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to inquere whyther he were stayne by mysfortune or in his defence or otherwyse without felonye And if he be in pryson before the comyng of the iustyces erraūtes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundē by the countre that he dyd it in his defēce or by mysfortune then the iustyces shall do the kynge to wyte therof and the kynge shall take hym in his grace if it please hym It is prouyded also that no appeal shal be abated so sone as they haue ben but if the appellour declare the dede the yere the daye the howre the tyme of the kyng the towne where the dede was done of whose arme he was slayne the appeal shall stand in effect and shall not be abated for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done ¶ The .x. Chapiter UUhere as it is contayned in the statute of the kynge that nowe is that two parcenexs or two that holde in comen maye not forche by essoyne after that they haue one tyme appeared in that courte it is prouyded that the same be obserued aepte there where a man and his wyfe be impleded in the kynges court ¶ The .xi. Chapitre IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy ō and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demaūdant optayneth the cause so that the termour may recouer by wryt of couenaunt the mayer and the bayllyffes maye inquere by good vye we in the presence of the termour and of the demaundant whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme and if it be founde by the inquest that the demaundant moued his plee vpō good ryght that he had the iudgement shal be gyuen forth with and if it be founde by inquest that he impleded hym by fraude to make the termour lese his terme then shall the termour entdye his terme and the execucyon of iudgement for the demaundant shal be suspended vntyll the terme be expyred And in lyke maner it shall be of equyte before iustyces in such case if the termour do challenge it afore the iudgement gyuen ¶ The .xii. Chapitre IT is prouyded also that if a man be impleded for lande in the same cyte and doyth vouche a foreyne to warrauntye he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they surceasse in the matter that is before them by wrytte vntyll the matter of warraūtye be determyned before the iustyces of the benche And when the warrauntye shal be on s determyned before the iustyces of the benche then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee and a wrytte shal be awarded for the demaūdāt by the iustyces vnto the mayer and sheryfes that they passe further vpō the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o ▪ the
lettres shall come greatyng Vnderstand ye that where as of late in the tymes of our progenytours sometymes kynges of Englande in dyuerse theyr parliamentes And lykewyse after that we had vndertaken the gouernaūce of the realme in our parlyamētes many artycles cōteynyng dyuerse gree●es commytted agaynste the churche of Englande the prelates and the clergye were purposed further great instaunce was made that remedye myght be prouyded therin And of late in our parlyament holden at Lyncolne the .ix. yere of our raygne the artycles vnderwryten with certayne aunsweres made to some of them heretofore were rehersed before our counsell and haue made certayne aunsweres to be corrected and to the resydue of the artycles vnderwrytten aunsweres haue ben made by vs our counsell of which sayd artycles with the aunsweres to the same the tenors here do folowe Fyrste where laye men do purchase prohybicyons generally vpon tythes obuencyons oblacyons mortuaryes redemynge of penaunce vyolent layenge hande on clerkes or bygomes and in causes of dyffamacyon in which cases spiritual penaunce ought to be inioyned Our soueraygne lorde the kynge hath aunswered to this artycle that in tythes oblacyons obuencyons mortuaryes whē they are purposed vnder these names the kynges prohybicyon shall holde no place althoughe for the longe witholdyng of the same the money may be estemed at a summe certayne But if a clerke or a relygyous man do sell his tythes being in his barne or other where to any man for money if the mony be demaunded before a spirituall iudge the kynges prohybicyon shal lye for by the sale the spiritual good are made temporall and the rythes turne into catelles Also if the debate do aryse vpō the ryght of tythes hauynge his originall of the ryght of the patronage quātyte of the same tythes do passe the .iiii. part of the goodes of the church the kynges prohibicyon shall holde place if the cause com before a iudge spiritual Also if a prelate enioyne a penaunce pecunyarye to any man for his offense and it be demaūded the kynges prohybicyō shal holde place Nothwithstandyng if prelates enioyne a penaunce corporal and the partye wyl redeme such penaunces by money if money be demaunded before a iudge spiritual the kynges prohybicyon shal holde no place Moreouer if any lay vyolent handes on a clerke the amendes for the vyolence done shall be made in the kynges cour●e And for excommunicacyon before a prelate where penaunce corporall is enioyned if the defendour wyll redeme his penaunce by gyuynge money to the prelate or to the partye greued it shal be requyred before the prelate and the kynges prohybicyon shall not lye In dyffamacyons also prelates shall correcte in maner aboue sayd the kynges prohybicyon notwithstandynge fyrste enioynynge a penaunce corporal which if the offendour wyll redeme the prelate maye frely receyue the money though the kynges prohybicyon be shewed Also if any do arere in his grounde a mylle of newe And after the persone of the same prelate demaundyth tythe for the same the kynges prohybicyon doth issue in this fourme The aunswere Quia de tali molendino hactenus decime non fuerunt solute prohibemus c. Et sententiam excommunicationis si quam hac occasione promulgaueritis re●●●e●is omnino In suche case the kynges wrytte or prohybicyon was neuer yet graunted by the kynges assente nor neuer shall whiche hath decreyd that it shall not hereafter in suche cases Also if any cause or mattyer the knowledge wherof belongyth to a courte spirituall and be dyffynytyfly determyned before a spyrytuall iudge so that it passe into a iudgement nor was not in suspens by reason of any appeall and afterwarde vpon the same thynge a case is moued before ● temporal iudge and betwene the same partyes it be prouyd by wytnes or instrumentes The excepcyon shall not be admytted in a temporall court The aunswere when any one case is debated before iudges spirituall and temporall as aboue aperyth vpon the case of layenge violent h●des on a clerke It is thought that notwithstandyng the spirituall iudgement the kynges court shall dyscusse y● same matter as the party shall thynk most expedyē● for hymselfe Also the kynges lettre dyrected vnto ordinaryes that haue wrapped theyr clyentes in the sentence of ●xcommunicacyon that they shulde asseyle them by a certayne daye or els that they do appyere and shewe wherfore they haue excōmunicated thē The aunswere The kyng decreyth that hereafter no suche lettre shal be suffred to go forthe but in case where it is founde that the kynges lyberte is preiudyced by the excommunicacyon Also barons of the kynges eschequer challengyng by theyr pryuylege that they ought to make aunswere to n●mā out of the same place extend the same pryuylege vnto the clerkes abydyng there beynge called to ordres or vnto resydēce and inhybytte the ordynary●s that in any wyse or for any cause so longe as he is of the eschequer they shal not call them to theyr courtes The aunswere It pleasyth our soueraygne lorde the kyng that such clerkes as attend in his seruyce shal be corrected by theyr ordynaryes lyke as other but so longe as they are occupyed about his busynes they shal not be boundē to kepe resydence in theyr churches This is put to of newe by the kynges counsell The kyng and his auncetours syns tyme out of mynde haue vsed that clerkes duryng such tyme as they are in his seruyce shal not be compelled vnto kepe resydence at theyr benefyces And such thynges as be thought necessary for the kynge and the comon welth ought not to be called preiudicyall to the lyberte of the churche Also the kinges offycers as sheryfes and other do entre spirituall fees to take distresses and sometyme they take the persones bestes in the kynges hyghe way where they haue nothynge but theyr glebe lande The aunswere The kynges pleasure is that from hensforth such dystresses shall neyther be taken in the kynges hygh way nor in the fees wherwith churches haue ben indowed neuer thelesse he wylleth dystresses to be taken in possessions of the church newly purchased by the persone Also when any that flye vnto the churche do abiure the realme accordynge to the custome of the lande and laye men or theyr ennemyes do pursue them and plucke them from the kynges hygh waye and are hanged or heded whylst they be in the churche are kepte in the churchyard with armed men and sometyme in the churche so straytly that they can not departe from the halowed grounde to emptye theyr belye and can not be suffred to haue necessaryes for theyr lyuyng Thaunswer They that abiure the realme so long as they be in the comen waye shal be in the kynges peace nor shal be dystourbed of any man when they be in the churche theyr kepars ought not to abyde in the churchyarde excepte necessyte or peryll of escape do requyre so And so longe as they be in the churche they shall not be compelled to auoyde but
Finis ¶ The statute of dystresses of theschequer made the. ●● yere of kyng Ed .i. FOr asmuch as the comynalte of the realme hath sustayned great losse damage by wrongfull takynge of dystresses which haue ●en made by sheryfes and by other the kynges vayllyfes for the kynges det or for any other cause It is therfore prouyded and ordeyned that when a sheryf or any other man doyth take the beastes of other they to whome the beastes do belong may gyue them theyr fedyng without disturbaūce so longe as they be impoūded without gyuynge any thynge for theyr kepyng And that the beastes nor no nother dystres taken for the kynges dette nor for any other cause be gyuē ne solde within xv dayes after the takynge and if any bryng a taylle of a payment made in the eschequer the dystres shall cease And if he brynge the taylle of any sheryf or bay lyf of paymēt made to them of the thyng demaunded and wyll fynde pledges that he appere in the eschequer vpon the next accoūt to do as ryght shal requyre then the dystres shall cease And the shery for bayllyf shall cause hym to be attached that ought to haue acquyted hym that he appere vpon the same accounte to do as ryght shall requyre and there shall haue the names of the pledges yet it is prouyded that no man of relygion nor other shal be dystrayned by his beastes that gayne his lande nor by his shept for the kynges dette nor for any other man but vntyll they can fynde another dystres or catelles suffycyent wherof they may leuye the dette or that is suffy cyent for the demaunde except impoundynge of beastes that a man fyndeth in his grounde damage fesaunt after the vse and custome of the realme And that suche dystresses be reasonable after the value of the dette or demaunde and after conuenyent estymacyon and not outrageous howe be it the kyng wylleth and cōmaundeth that sheryfes or theyr bayl lyfes that haue receyued the kynges d●● of the somōs of theschequer haue not acquyted the dettours therof at the next accoūt shal be ponyshed after the statutes made therupō the kynge wylleth that all dettes of somons of theschequer that the sheryf or bayllyf confessyth receyte shal be allowed hym forth with so that whyther he receyued all the det or part it shall neuer come more in demaunde nor somons after the sheryf hath confessed the payment ¶ Here endyth the dystresses of the eschequer ¶ A dyffynicyon of conspiratours made the .xxxiii. yere of kyng Edwarde the fyrste COnspiratours be they the do cōfedere or bynde thē selues by othe couenaūt or other alyaunce that euery of them shall ayde and bere the other falsely malycyously to indyte or falsely to moue or maynteyne plees and also suche as cause chyldren within age to appeall men of felonye wherby they are imprysoned and sore greued such as reteygue men in the coūtre with lyuerays or fees for to maynteyne theyr malycyous interpryses and this doyth extende aswell to the takers as to the gyuers And stewardes and bayllyfes of great lordes that by theyr seignourye offyce or power doo vndertake to bere or maynteygne quarels plees or debates that concerne other partyes then suche as towchen the estate of theyr lordes or themselues This ordynaūce and fynall dyffynycyō of cōspyratours was made by the kyng and his counsell in his parly ament the .xxxiii. yere of his raygne ¶ The statute of fynes leuyed made the .xxvii. yere of kyng Ed. 1. FOr asmuche as fynes leuyed in our court ought and do make an ende of all matters and by cause therof are called fynes where after wagyng of batayll or the great assyse in theyr cases euermore they holde the laste and fynall place And nowe by a certayn tyme passed as well in the tyme of kyng Henry of famous memorie our graundfather as ●● our tyme the partyes of suche fynes theyr heyres cōtrary to the lawes of our realme of auncyent tyme vsed were admytted to adnulle and defeate suche fynes adlledgyng that before the fyne leuyed and at the leuyeng therof and syns the demaundauntes or playntyfes or theyr auncetours were alwaye sesyd of the landes conteyned in the fyne or of some parcell therof And so fynes lawfully leuyed were many tymes vniustely defeted and adnulled by turours of the countre falsely and malycyously procured ▪ we therfore intendyng to prouyde a remedye in the premysses in our parlyamēt at west mynster haue ordeyned that suche excepcyons aunswers or inquysicyons of the countre shall fromhensforth in no wyse be admytted contrarye to suche recognysaunces or fynes And further we wyl that this statute shal aswell extend vnto fynes heretofore leuyed as to them that shal be leuyed here after And let the iustyces see that such notes fynes as hereafter shal be leuyed in our courte be redde openly solempnly and that in the meane tyme all plees shall ceasse And this must be at two certayne dayes in the weke accordyng to the discrecyon of the iustyces ¶ The .i. Cha. WE haue also ordeyned by thaduyse of our counsell that from hensforth sheryfes shal not be charged of any issues to be leuyed nor shall leuye any before they passe out of the eschequer there to be delyuered by the extreates of the iustyes And that in the estreates of iustyces euery hed shal be charged for issues forfay●ed lyke as of amercymētes and if peraduenture any sheryf wyl aunswer for the issues of any recognysour pledge or maynpernour by hym assygned and retourned into our cour●e whiche at the tyme of the retourne is not able to paye such issues or amercymentes the sheryf shal be charged and shal aunswere therfore in our eschequer And let the sheryfes beware vnder payne of great forfayture that from hensforth they do make taylles of all such money as they or theyr offycers haue receyued by our commaundement And that they do not retourne any where the names of any maynpernours or suretyes iurours or any other excepte such suretyes maynpernours or other accordynge to the tenour of our wryttes beynge dyrected to the sheryfes for the same cause be lawfully and manyfestly impanelled therupon And they shall not retourne the names of any free men as pledges without that they wyll playnely consente and agre to the same And hereupō we haue enacted that at one tyme certayn euery yere one barō one clerke of our sayd eschequer shal be sente through out euery shyre of Englande to inrolle the names of all suche as haue payed that yere dettes exacted of them by a grene were And the same baron clerke shall vyewe all suche taylles and inrolle them And shall here and determyne complayntes made agaynste sheryfes and theyr clerkes and bayllyfes that haue done contrary to the premysses and the offendours shal be greuously ponyshed ¶ The .ii. Chapiter FOr asmuche as sheryfes and other heretofore haue let out by pleuyn comon felōs and openly defamed beyng
be delyuered but by the kynge hymselfe and as it is contayned in a certayne diuidenda or indenture made betwene the kynge hymselfe and his chauncellour wherof one parte remayneth in the custodye of the chauncellour ¶ Finis ¶ Of sheryfes FOr asmuche as our soueraygne lorde Edwarde sonne to kynge Edwarde fyrste of the name at his parliamēt holden at Lyncolne in quindena Hillari the .ix. yere of his raygne by the informacion of his prelates erles barons other great men of the realme beynge somoned to the same parlyament also by the greuous compleynt of his people dyd perceyue great damage to be done to hym and great oppressions and disheritaunces to his people by reason that vnsuffycient sheryfes and hundredats haue ben before this tyme in the realme and yet be Our soueraygne lorde the kynge intendynge to auoyde and eschewe such euyl oppressions and dysherytaunces by the assent of his prelates barons and other great estates aforesayd hathe ordayned and establyshed in his sayd parlyment that the sheryfes fromhensforth shall be assygned by the chauncellour treasourer barons of theschequer and by the iustyces And in the absence of the chauncellour by the treasourer barons and iustices And that none shal be sheryf excepte he haue suffycyent lande within the same shyre where he shal be sheryfe for to aunswere the kynge and his people And that none that is stewarde or bayllyf to a great lorde shal be made sheryfe excepte he be out of seruyce so that he may attende to the offyce of a sheryfe for the kyng and his people And in lyke maner it is agreyd and establyshed that hundredes whyther they belonge to the kynge or to other shal be kept by conuenient and able persones that haue suffycyent landes within the same hundred or shyre where the hundred is that the chauncellour treasourer barons iustyces shall do assygne in maner aforesayd without hauyng any other regard And if any sheryfes or hundredars be vn sufficyent at this tyme they shal be demoued and other more conuenient putte in to theyr roumes And that such hundredes be lessed to such persones as are suffycient so that they nede not to vse extorcion vpon the people by reason of to outrageous ferme And that no sheryfe nor hundredar shal lesse his lande to any other in ferme or otherwyse and that the execucyons of wryttes that come to the sheryfes shal be done by the hundredars sworne and knowen in the shyre not by other if it be not the open defaute and disturbaunce of the hundredars and then execucion shal be done by other persones more conuenient beyng sworne so that the people that sue such execucions may saufely know the retourne of theyr wryttes to them that haue or ought to haue them ¶ Finis The statute of Irelande HEnry by the grace of God kyng of England lorde of Irelande duke of Guyan and Normādie erle of Angeo to his trustye and welbeloued Gerarde sone of Mauryce iustyce of Irelande greatynge Where as certayne knyghtes of the partyes of Irelande haue lately infourmed vs that when any lande doyth descende vnto susters within our bominy ō of Irelande the iustyces ●●raunt in those partyes are vncertayne whyther the yonger susters ought to holde of the eldyste suster and do homage vnto her or not And for asmuche as the sayd knyghtes haue made instaunce to be certefyed how it hath ben vsed heretofore within our realme of Englande in lyke case wherupon at theyr instaunce we do you to wyte that such a lawe and custome is in Englande in this case that if any holdyng of vs in chyef hap to dye hauynge doughters to his heyres our aūcetours and we haue had alway after the death of the father and receyued homage of al the doughters and euery of them in this case dyd holde of vs in chyef And if they happened to be within age we haue alwaye had the warde maryage of them if he were tenant to another lorde the susters beyng within age the lorde shall haue the warde and maryage of them all and the eldyste shall do homage onely for herselfe and all her susters And when the other susters come to full age they shall do theyr seruyce to the lordes of the fee by the handes of the eldyst suster And the eldyst vpon this occasyon may not exact of her yonger susters homage warde or any other subieccyon for when they be al susters and in maner as one heyre to one inherytaunce if the eldyste shulde haue homage of the other susters or demaunde warde then the inherytaunce shulde seme to be deuyded so that the eldyst suster shulde be segniores and tenant of one inherytaunce simul et semel that is to saye heyer of her owne part and segniores to her susters which coulde not stande well to gyther in this case for the eldyst can demaūde nomore then her susters but the chyefe mease by reason of her auncienty Moreouer if the elder suster shuld take homage of the yonger she shulde be as a segniores to them all and shulde haue the warde of them and theyr heyres and that shulde be lyke as one wolde commytte a lambe to be deuoured of a wolfe And therfore we comaūde you that you shal cause the foresayd customes that be vsed within our realme of England in this case to be proclaymed thorough out our dominien of Ireland And further shal cause them to be straitly kept obserued In testimony wherof c̄ I myselfe beynge wytnesse at westmynster the .ix. day of February The .xiiii. yere of our raygne ¶ Here endeth the statute of Irelande ¶ statute vpon the wrytte of Quo warranto FOr asmuch as wryttes of Quo warranto and iudgemētes gyuen vpō plees of the same were greatly delayed because the iustyces in gyuyng iudgement were not certefyed of the kynges pleasure therin Our soueraygne lorde the kynge at his parlyament holden at westmynster after the feaste of Easter the .xviii. yere of his raygne of his specyall grace and for the synguler affeccyon that he beryth vnto his prela●es erles and barous and other of his realme hath graūted that all vnder his allygeaunce aswel spirituall as other which can proue and veryfie by inquest in the cuntre or other wyse that they and theyr auncetours or predecessours haue vsed any mance of lybertes wherof they were impleded by the sayd wryttes before the tyme of ● Rycharde our Cosyn or in our tyme and haue contynued hytherto so that they haue not mysused such lybertes that the partyes shal be aiourned further vnto a certayne day reasonable before the same iustices within the whiche they may go to our soueraygne lorde the kynge with the recorde of the iustyces sygned with his seale and also retourne And our sourraygne lorde the kynge by his lettres patentes shall confirme theyr estate And they that can not proue the season of theyr auncetours in suche maners as is before declared shall be ordered and iudged after the
an hole towne or a countre is deceyued by such craft and subtilitie Fyrst he that is conuyct shal be amerced and shall lese the thynge so bought that accordyng to the custome ordinaūce of the towne he that is conuycte the secounde tyme shall haue iudgement of the pyllorye At the thyrde tyme he shall be imprysoned ● raunsomed the fourth tyme he shall abiure the towne and this iudgement shal be gyuen vpon all maner of forstallours and lykewyse vpon them that haue gyuen them counsell helpe or fauour ¶ Finis ¶ The statute of pryses THis artycle concernynge pryses made by kyng Edwarde father to our soueraygne lorde the kyng that now is amonge other artycles made by hym in lyke maner for the amendemēt of his people at his parlyament at westmynster the .xxviii. yere of his reygne which artycle our soueraygne lorde the kynge wylleth for to be kept to the profytte of his people vpon the paynes conteyned in the same article For asmuch as there is a greate greuaunce in the realme and damages without measure for that that the offycers of the kynges housholde as wel alyens as denyzens make theyr pryses there where the passe through the realme and take the goodes of the people aswell spirituall as temporall without payng any thyng or much leser then the value It is ordeyned fromhensforthe that none shall make pryses for the kyng through the realme but the purueours for the kynges house for pryses that they shall make in the countre of meate or drynke and other necessarye thynges for the house they shal paye or agre with them of whom the thynges were taken and that all the kyngers takers purueyours shal haue fromhensforth theyr warrāte with them of the kynges great or pette seale conteynyng theyr power the kynges wherof he shall make pryses or purueance the whiche warrante they shall shewe to them of whome they do make theyr pryses before they do take any thyng And that such takers or purueyours for the kyng shall not take any more then is necessarie or nedeful for the kynge his housholde and his chyldren And that they take no thynge for suche as be in wages nor for no other that he shall aunswer fully in the warderobe of the house without makyng any other where larges or lya●●● of thynges takē for the kynge And if any purueyour for the kinges house by warrant hath made pryses otherwyse then is lymytted before vpon complaynie made to the stewarde and to the treasourer of the kynges house the truthe shal be inquered and if he be attaynted therof agrement shal be made to the playntyfe ymmediatly and he shal be put out of the kynges seruyce for euer shall remayne in pryson at the kynges pleasure And if any make pryses without warrant and doyth carray them away agaynste the wyll of hym to whome the goodes dyd belonge he shal be arrested forthewith by the towne where the pryse was made and carryed vnto the next gaole and if he be therof attaynted he shal be ponyshed as he shuld be for felonye if the value of the goodes do so requyre ¶ Finis ¶ An ordynaunce of purchasyng lybertes made the .xxvii. yere of kynge Edwarde .i. IT is to be vnderstanden that the kynge ordeyned at westmynster the fyrste day of Apryll the .xxvii. yere of his raygne that such as wolde purchase a newe parke Men of relygion that wold amortyse landes or tenementes shulde haue wryttesout of the kynges chauncery for to inquere vpon the poyntes accustomed of suche thynges and that ●● questes of landes or tenementes that be worth yerely more then .xx. li. that is to wyte by extente be retourned into the eschequer and there to make fyne for the amortizynges or for hauynge a parke if the inquestes do passe for hym that purchased them and afterward it shal be certefyed vnto the chauncellour or his depute that he take a resonable fyne therfore accordynge to the quantyte of the thynge and after to delyuer it In lyke maner they shall do that wyll purchase landes or tenemētes holden of the kyng in chyefe Also folke dwellynge beyonde the see that haue landes tenementes or rentes in Englande and wyll purchase lettres of proteccyon or wyl make generall attorneys they shal be sent vnto the eschequer and there shall make theyr fynes and fromthens shal be sent vnto the chauncellour or his deputye for that that he ought to do therin In lyke maner they shall do that wyll purchase any fayre markette warreyn or any other lyberte Also suche as wyll purchase attermynement of theyr dettes shal be sent into the eschequer Also suche as be not able to trauaylle and folke that dwell in ferre countyes which plede or be impleded shal haue a wrytte out of the chauncery to some sufficyent man that shal receyue the attorneys when nede is And for a remembraunce of these thynges there is an indenture made dyuided into thre partes wherof one parte remayneth in the chauncerye another in theschequer the thyrde in the garderobe ¶ Finis ¶ A statute of the Leap yere made the .xxi. yere of K. Henry .iii. THe kynge vnto his Iustyces of the benche greatynge Knoweye that where within our royalme of Englande it was doubted of the yere and daye that were wont to be assygned vnto syke persones beynge impleded when and front what day of the yere goyng before vnto another day of the yere folowing the yere and daye in a leap yere ought to be takē and rekened how longe it stode We therfore wyllynge that a conformyte be obserued in this behalf euery where within our realme and to auoyde all daungyer from such as be in plee Haue prouyded and by the counsell of our faythfull subiectes haue ordeyned that to esche we frō hensforthe all doubte ambiguyte that myght aryse hereupon the daye increasynge in the leap yere shal be accompted for ¶ A statute of the extente of a maner made the .iiii. yere of K. Edward the fyrst ⸫ FIrste it is to be inquered of castelles also of other buyldinges dyched about what the walles buyldynges tymbre stone leade and other maner of coueryng is worth And howe they may be solde accordyng to the very value of the same walles and buyldyng And for how much the buyldynges without the dyche maye be solde and what they be worthe with the gardeyns curtylages douehouses and all other issues of the courte by yere It is to be inquered also howe many feldes are of the demeanes and how many acres are in euery felde and what euery acre is worthe by the yere Also howe many acres of medowe are of the demeanes and howe muche euery acre by it self is worth by the yere to be let out Also howe many acres of pasture there be and for what beastes or catelles the same pasture is most necessarye and howe many it wyll fynde and of what maner and what the pasture of euery beast is worth to be