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
of wastes distruccioÌ„s done by eschetours or subeschetours in the landes of wardes as of houses woodes parkes warrens of all other thynges that fall into the kynges handes The kyng wyll that he which hath sustayned damage shal haue a wrytte of waste out of the chauncery agaynst the eschetour for his acte the subeschetour for his act if he haue wherof if he haue not his mayster shal be aunswerable by lyke payn coÌ„cernyng damages as is ordeyned by the statute for them that do wast in wardshyps 19. FroÌ„hensforth where the eschetour or the sheryfe sease landes into the kynges handes where there is no cause of seyser And after wheÌ„ it is founde no cause the profytes taken in the meane tyme haue ben styll reteyned and not restored when the kynge hath his oustre ie mayne The kynge wyll that if hereafter any landes be so scasyd after it be out of his handes by reason that he hath no cause to cease nor to holde it the issues shal be fully restored to hym to whome the lande shal remayne and which hath susteyned the damage 20. It is ordeyned that no goldesmyth of Englande nor none otherwhere with in the kynges dominyon shall not fromhensforth gylde nor cause to be gylded no maner of vessell iewell or any other thynge of golde or syluer except it be of the very best alaye that is to wyte golde of a certayne alaye and syluer of the sterlyng alaye or of better after the discrecyon of hym to whome the golde belongeth and that none gylde worse syluer then sterlyng And that he suffer no maner of vessell of golde or syluer to depart out of his handes vntyl it be assayed by the wardeyns of the crafte and further that it be marked with the lybardes hed And that they worke no worse golde theÌ„ of the towch of parys And that the wardeyns of the crafte shall go from shop to shop among the goldesmythes to assaye if theyr golde be of the same towche that is spokeÌ„ of before And if they fynde any other then of the towche aforesayd the golde shal be forfayte to the kynge And that none shal make rynges crosses nor lockes And that none shall set any stone in golde except it be naturall And that grauers or cutters of stones of seales shall â–ª gyue to eche theyr wheyght of syluer as ferforth as they can vpon theyr fidelite And the iewelles of base golde whiche they haue in theyr handes they shall vtter as fast as they can And from hensforth if they bye any of the same worke they shall bye it for to worke vpoÌ„ and not to sell agayne And that all the good townes of Englande where any goldesmythes be dwellyng shal be ordered accordynge to this estatute as they of London be And that one shall come from euery good towne for all the resydue that be dwellyng in the same vnto London for to be assertayned of theyr towche And if any goldsmyth be attaynted hereafter because that he hath done otherwyse then before is ordeyned he shal be ponyshed by imprysonment shal make fyne at the kynges pleasure And nothwithstandyng al these thynges before meÌ„cioned or any poynte of theÌ„ both the kyng his couÌ„sell all they that were present at the making of this ordinauÌ„ce wyll intende that the ryght prerogatyue of his crowne shal be saued to hym in all thynges ¶ Finis THe names and reygnes of al the kynges of Englande froÌ„ the tyme of kynge Edwarde the confessour sone to Etheldrede vnto our most excellent and victoryous prynce kyng Henry the eyght and howe long they reygned and where they be buryed ⸫ 1. EDwarde sone of Etheldrede reygned xxxiii yeres and .xxxix. wekes and is buryed and translated at westmynster 2. Harolde son of Goodwyne reygned xl wekes and two dayes and was slayne by wyllyam Conquetour 3. Wyllyam the conquerour duke of Normandy began his reygne the .xiiii. daye of Octobre the yere of grace M .lxvii. and was crowned the .xxv. daye of Decembre then nexte folowyng dyed the .ix. daye of Septembre and reygned xâ— yeres â—i monethes and .xxii. dayes and is buryed at Cane in Normandye in the same monastery wherof he was foundour som bokes say that wyllyam coÌ„querour dyed the xi day of SepteÌ„bre 4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of SepteÌ„bre the yere of grace M lxxxxvii and was crowned the .xxvii. day of Septembre next folowynge dyed the fyrste day of Auguste the yere of grace M. C. and so reygned .xxii. yeres .xi. monethes and .xvii. dayes and is buryed at wynchestre and this kynge made the great aâ—le at westmynster and perfourmed the buyldyng of the towre of LondoÌ„ which Iulius Cesar began and the kynge of Scottes dyd homage vnto hym 5. Henry the fyrst of that name brother to Wyllyam Rufus began his reygne the fyrst day of August the yere of grace M. C. and was crowned the .v. daye of Auguste next folowyng and dyed the secounde daye of Decembre and reygned xxxv yeres .iiii. monethes and .xi. dayes And is buryed at Redynge And in the tyme of this kyng beganne the ordre of chanons and the ordre of templets 6. Stephen sone to Henry the fyrst began his reygne the secounde day of Decembre the yere of grace M. C .xxxv. And was crowned the .xxvi. daye of Decembre nexte folowynge And dyed the .xxv. daye of Octobre And reygned .xix. yeres .xi. monethes and .xix. dayes And is buryed at Feuersham 7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Angeâ—y began his reygne the .xxv. daye of Octobre the yere of grace M .liiii. And was crowned the .xx. daye of Iulye And reygned .xxxiiii. yeres .ix. monethes two dayes And is buryed at Fountuerard in Normandye And in the tyme of this kynge was founde the semâ—les cote of our lorde And in the tyme of this kynge was slayne Thomas archebyshop of Canterbury 8. Rycharde the fyrste sone of Henry the secounde beganne his reygne the .v. daye of Iuly the yere of grace M. C. lxxxiâ— And was crowned the thyrde daye of Septembre nexte folowynge And dyed the .vi. day of Apryl And reygned .ix. yeres .ix. monethes and .xxii. dayes And is buryed at Fountuerarde in Normandye And in the tyme of â—his kynge the Iues were slayne and bannyshed out of Englande 9. Iohan brother to the sayd Rychard began his reygne the .vi. day of Apryll the yere of grace M. C .xcix. And was crowned the .xxvi. daye of Iuly nexte folowyng And dyed the .xix. daye of Octobre And reygned xvii yeres .vii. monethes And is buryed at worcestre And in the tyme of this kynge the royalme was interdyted And the cyte of London with a great multytude of men burned And in the tyme of this kyng began the ordres of freres minors carmelytes preachers that is to wyte grey whyte and blacke And the kynge of Scottes dyd homage vnto hym And this kynge
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
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 mynysâ—â—â— or brokeÌ„ 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 â—â—â—â—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 heÌ„sforth 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 cÌ„ 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 hurâ— we woll that forthwith it be put out of the forest And if he haue made forest of no manis wooâ— but of his owne then we woll that it remayne forest styll Sauyng the comon oâ— herbage and of other thynges iÌ„ 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 ouâ— 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 â–ª whiche haue theyr woodeâ— 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 lyceÌ„se 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 forefoâ—e shall be cutte of by the skynne But froÌ„hensforth 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 oâ—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 demeanâ— 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 ouâ— 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 presentmeÌ„t 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 fremaÌ„ 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 woodê there to a gest theÌ„ 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 meÌ„bre 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
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
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 â–ª 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 froÌ„hensforthe shall haue a wrytte of waste in the chauÌ„cery 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 whoÌ„ 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 froÌ„ hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. â— at the least And if he complayne of betyng he shall swere by his fayth that his playnâ— 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 iudgemâ—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 attachemeÌ„tes and dystresses do lye And if the defendaÌ„t â—ssoyâ—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. â— 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 errauÌ„tes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundeÌ„ by the countre that he dyd it in his defeÌ„ce 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 oÌ„ and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demauÌ„dant 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 vpoÌ„ 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 warrauÌ„tye 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 demauÌ„daÌ„t by the iustyces vnto the mayer and sheryfes that they passe further vpoÌ„ the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o â–ª the
lettres shall come greatyng Vnderstand ye that where as of late in the tymes of our progenytours sometymes kynges of Englande in dyuerse theyr parliamentes And lykewyse after that we had vndertaken the gouernauÌ„ce of the realme in our parlyameÌ„tes many artycles coÌ„teynyng dyuerse greeâ—es commytted agaynste the churche of Englande the prelates and the clergye were purposed further great instaunce was made that remedye myght be prouyded therin And of late in our parlyament holden at Lyncolne the .ix. yere of our raygne the artycles vnderwryten with certayne aunsweres made to some of them heretofore were rehersed before our counsell and haue made certayne aunsweres to be corrected and to the resydue of the artycles vnderwrytten aunsweres haue ben made by vs our counsell of which sayd artycles with the aunsweres to the same the tenors here do folowe Fyrste where laye men do purchase prohybicyons generally vpon tythes obuencyons oblacyons mortuaryes redemynge of penaunce vyolent layenge hande on clerkes or bygomes and in causes of dyffamacyon in which cases spiritual penaunce ought to be inioyned Our soueraygne lorde the kynge hath aunswered to this artycle that in tythes oblacyons obuencyons mortuaryes wheÌ„ they are purposed vnder these names the kynges prohybicyon shall holde no place althoughe for the longe witholdyng of the same the money may be estemed at a summe certayne But if a clerke or a relygyous man do sell his tythes being in his barne or other where to any man for money if the mony be demaunded before a spirituall iudge the kynges prohybicyon shal lye for by the sale the spiritual good are made temporall and the rythes turne into catelles Also if the debate do aryse vpoÌ„ the ryght of tythes hauynge his originall of the ryght of the patronage quaÌ„tyte of the same tythes do passe the .iiii. part of the goodes of the church the kynges prohibicyon shall holde place if the cause com before a iudge spiritual Also if a prelate enioyne a penaunce pecunyarye to any man for his offense and it be demauÌ„ded the kynges prohybicyoÌ„ shal holde place Nothwithstandyng if prelates enioyne a penaunce corporal and the partye wyl redeme such penaunces by money if money be demaunded before a iudge spiritual the kynges prohybicyon shal holde no place Moreouer if any lay vyolent handes on a clerke the amendes for the vyolence done shall be made in the kynges courâ—e And for excommunicacyon before a prelate where penaunce corporall is enioyned if the defendour wyll redeme his penaunce by gyuynge money to the prelate or to the partye greued it shal be requyred before the prelate and the kynges prohybicyon shall not lye In dyffamacyons also prelates shall correcte in maner aboue sayd the kynges prohybicyon notwithstandynge fyrste enioynynge a penaunce corporal which if the offendour wyll redeme the prelate maye frely receyue the money though the kynges prohybicyon be shewed Also if any do arere in his grounde a mylle of newe And after the persone of the same prelate demaundyth tythe for the same the kynges prohybicyon doth issue in this fourme The aunswere Quia de tali molendino hactenus decime non fuerunt solute prohibemus c. Et sententiam excommunicationis si quam hac occasione promulgaueritis reâ—â—â—eâ—is omnino In suche case the kynges wrytte or prohybicyon was neuer yet graunted by the kynges assente nor neuer shall whiche hath decreyd that it shall not hereafter in suche cases Also if any cause or mattyer the knowledge wherof belongyth to a courte spirituall and be dyffynytyfly determyned before a spyrytuall iudge so that it passe into a iudgement nor was not in suspens by reason of any appeall and afterwarde vpon the same thynge a case is moued before â— temporal iudge and betwene the same partyes it be prouyd by wytnes or instrumentes The excepcyon shall not be admytted in a temporall court The aunswere when any one case is debated before iudges spirituall and temporall as aboue aperyth vpon the case of layenge violent hâ—des on a clerke It is thought that notwithstandyng the spirituall iudgement the kynges court shall dyscusse yâ— same matter as the party shall thynk most expedyeÌ„â— for hymselfe Also the kynges lettre dyrected vnto ordinaryes that haue wrapped theyr clyentes in the sentence of â—xcommunicacyon that they shulde asseyle them by a certayne daye or els that they do appyere and shewe wherfore they haue excoÌ„municated theÌ„ The aunswere The kyng decreyth that hereafter no suche lettre shal be suffred to go forthe but in case where it is founde that the kynges lyberte is preiudyced by the excommunicacyon Also barons of the kynges eschequer challengyng by theyr pryuylege that they ought to make aunswere to nâ—maÌ„ out of the same place extend the same pryuylege vnto the clerkes abydyng there beynge called to ordres or vnto resydeÌ„ce and inhybytte the ordynaryâ—s that in any wyse or for any cause so longe as he is of the eschequer they shal not call them to theyr courtes The aunswere It pleasyth our soueraygne lorde the kyng that such clerkes as attend in his seruyce shal be corrected by theyr ordynaryes lyke as other but so longe as they are occupyed about his busynes they shal not be boundeÌ„ to kepe resydence in theyr churches This is put to of newe by the kynges counsell The kyng and his auncetours syns tyme out of mynde haue vsed that clerkes duryng such tyme as they are in his seruyce shal not be compelled vnto kepe resydence at theyr benefyces And such thynges as be thought necessary for the kynge and the comon welth ought not to be called preiudicyall to the lyberte of the churche Also the kinges offycers as sheryfes and other do entre spirituall fees to take distresses and sometyme they take the persones bestes in the kynges hyghe way where they haue nothynge but theyr glebe lande The aunswere The kynges pleasure is that from hensforth such dystresses shall neyther be taken in the kynges hygh way nor in the fees wherwith churches haue ben indowed neuer thelesse he wylleth dystresses to be taken in possessions of the church newly purchased by the persone Also when any that flye vnto the churche do abiure the realme accordynge to the custome of the lande and laye men or theyr ennemyes do pursue them and plucke them from the kynges hygh waye and are hanged or heded whylst they be in the churche are kepte in the churchyard with armed men and sometyme in the churche so straytly that they can not departe from the halowed grounde to emptye theyr belye and can not be suffred to haue necessaryes for theyr lyuyng Thaunswer They that abiure the realme so long as they be in the comen waye shal be in the kynges peace nor shal be dystourbed of any man when they be in the churche theyr kepars ought not to abyde in the churchyarde excepte necessyte or peryll of escape do requyre so And so longe as they be in the churche they shall not be compelled to auoyde but
Finis ¶ The statute of dystresses of theschequer made the. â—â— yere of kyng Ed .i. FOr asmuch as the comynalte of the realme hath sustayned great losse damage by wrongfull takynge of dystresses which haue â—en made by sheryfes and by other the kynges vayllyfes for the kynges det or for any other cause It is therfore prouyded and ordeyned that when a sheryf or any other man doyth take the beastes of other they to whome the beastes do belong may gyue them theyr fedyng without disturbauÌ„ce so longe as they be impouÌ„ded without gyuynge any thynge for theyr kepyng And that the beastes nor no nother dystres taken for the kynges dette nor for any other cause be gyueÌ„ ne solde within xv dayes after the takynge and if any bryng a taylle of a payment made in the eschequer the dystres shall cease And if he brynge the taylle of any sheryf or bay lyf of paymeÌ„t made to them of the thyng demaunded and wyll fynde pledges that he appere in the eschequer vpon the next accouÌ„t to do as ryght shal requyre then the dystres shall cease And the shery for bayllyf shall cause hym to be attached that ought to haue acquyted hym that he appere vpon the same accounte to do as ryght shall requyre and there shall haue the names of the pledges yet it is prouyded that no man of relygion nor other shal be dystrayned by his beastes that gayne his lande nor by his shept for the kynges dette nor for any other man but vntyll they can fynde another dystres or catelles suffycyent wherof they may leuye the dette or that is suffy cyent for the demaunde except impoundynge of beastes that a man fyndeth in his grounde damage fesaunt after the vse and custome of the realme And that suche dystresses be reasonable after the value of the dette or demaunde and after conuenyent estymacyon and not outrageous howe be it the kyng wylleth and coÌ„maundeth that sheryfes or theyr bayl lyfes that haue receyued the kynges dâ—â— of the somoÌ„s of theschequer haue not acquyted the dettours therof at the next accouÌ„t shal be ponyshed after the statutes made therupoÌ„ the kynge wylleth that all dettes of somons of theschequer that the sheryf or bayllyf confessyth receyte shal be allowed hym forth with so that whyther he receyued all the det or part it shall neuer come more in demaunde nor somons after the sheryf hath confessed the payment ¶ Here endyth the dystresses of the eschequer ¶ A dyffynicyon of conspiratours made the .xxxiii. yere of kyng Edwarde the fyrste COnspiratours be they the do coÌ„federe or bynde theÌ„ selues by othe couenauÌ„t or other alyaunce that euery of them shall ayde and bere the other falsely malycyously to indyte or falsely to moue or maynteyne plees and also suche as cause chyldren within age to appeall men of felonye wherby they are imprysoned and sore greued such as reteygue men in the couÌ„tre with lyuerays or fees for to maynteyne theyr malycyous interpryses and this doyth extende aswell to the takers as to the gyuers And stewardes and bayllyfes of great lordes that by theyr seignourye offyce or power doo vndertake to bere or maynteygne quarels plees or debates that concerne other partyes then suche as towchen the estate of theyr lordes or themselues This ordynauÌ„ce and fynall dyffynycyoÌ„ of coÌ„spyratours was made by the kyng and his counsell in his parly ament the .xxxiii. yere of his raygne ¶ The statute of fynes leuyed made the .xxvii. yere of kyng Ed. 1. FOr asmuche as fynes leuyed in our court ought and do make an ende of all matters and by cause therof are called fynes where after wagyng of batayll or the great assyse in theyr cases euermore they holde the laste and fynall place And nowe by a certayn tyme passed as well in the tyme of kyng Henry of famous memorie our graundfather as â—â— our tyme the partyes of suche fynes theyr heyres coÌ„trary to the lawes of our realme of auncyent tyme vsed were admytted to adnulle and defeate suche fynes adlledgyng that before the fyne leuyed and at the leuyeng therof and syns the demaundauntes or playntyfes or theyr auncetours were alwaye sesyd of the landes conteyned in the fyne or of some parcell therof And so fynes lawfully leuyed were many tymes vniustely defeted and adnulled by turours of the countre falsely and malycyously procured â–ª we therfore intendyng to prouyde a remedye in the premysses in our parlyameÌ„t at west mynster haue ordeyned that suche excepcyons aunswers or inquysicyons of the countre shall fromhensforth in no wyse be admytted contrarye to suche recognysaunces or fynes And further we wyl that this statute shal aswell extend vnto fynes heretofore leuyed as to them that shal be leuyed here after And let the iustyces see that such notes fynes as hereafter shal be leuyed in our courte be redde openly solempnly and that in the meane tyme all plees shall ceasse And this must be at two certayne dayes in the weke accordyng to the discrecyon of the iustyces ¶ The .i. Cha. WE haue also ordeyned by thaduyse of our counsell that from hensforth sheryfes shal not be charged of any issues to be leuyed nor shall leuye any before they passe out of the eschequer there to be delyuered by the extreates of the iustyes And that in the estreates of iustyces euery hed shal be charged for issues forfayâ—ed lyke as of amercymeÌ„tes and if peraduenture any sheryf wyl aunswer for the issues of any recognysour pledge or maynpernour by hym assygned and retourned into our courâ—e whiche at the tyme of the retourne is not able to paye such issues or amercymentes the sheryf shal be charged and shal aunswere therfore in our eschequer And let the sheryfes beware vnder payne of great forfayture that from hensforth they do make taylles of all such money as they or theyr offycers haue receyued by our commaundement And that they do not retourne any where the names of any maynpernours or suretyes iurours or any other excepte such suretyes maynpernours or other accordynge to the tenour of our wryttes beynge dyrected to the sheryfes for the same cause be lawfully and manyfestly impanelled therupon And they shall not retourne the names of any free men as pledges without that they wyll playnely consente and agre to the same And hereupoÌ„ we haue enacted that at one tyme certayn euery yere one baroÌ„ one clerke of our sayd eschequer shal be sente through out euery shyre of Englande to inrolle the names of all suche as haue payed that yere dettes exacted of them by a grene were And the same baron clerke shall vyewe all suche taylles and inrolle them And shall here and determyne complayntes made agaynste sheryfes and theyr clerkes and bayllyfes that haue done contrary to the premysses and the offendours shal be greuously ponyshed ¶ The .ii. Chapiter FOr asmuche as sheryfes and other heretofore haue let out by pleuyn comon feloÌ„s and openly defamed beyng
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 parliameÌ„t 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 NormaÌ„die 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 oÌ„ of Irelande the iustyces â—â—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 auÌ„cetours 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 demauÌ„de 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 comauÌ„de 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 cÌ„ 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 iudgemeÌ„tes gyuen vpoÌ„ 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 prelaâ—es erles and barous and other of his realme hath grauÌ„ted 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 â— 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 ordinauÌ„ce of the towne he that is conuycte the secounde tyme shall haue iudgement of the pyllorye At the thyrde tyme he shall be imprysoned â— 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 amendemeÌ„t 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 warraÌ„te 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 lyaâ—â—â— of thynges takeÌ„ 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 â—â— 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 tenemeÌ„tes 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 takeÌ„ 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 froÌ„ 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
prouyded for them to haue recouery of theyr dettes at the daye of payment assygned And by reason hereof many merchauntes haue withdrawen to com into this royalme with theyr merchaundyses to the great damage aswell of the merchuÌ„tes as of the hole royalme The kynge hymselfe and his counsayll hath ordeyned establyshed that euery merchaunt which wylbe sure of his dette shal cause his dettour to come before the mayer of London or of yorke or of Brystow or before the mayer and a clerke whiche the kynge shal appoynte for the same for to knowlege the dette and the day of paymeÌ„t the recognysaunce shal be entryd into a roll with the hande of the sayde clerke which shal be knowen Moreouer the sayd clerke shal make with his owne hande a byll obligatorye wherunto the seale of the dettour shal be put with the kynges seale that shal be prouyded for the same purpose the whiche seale shall remayne in the kepyng of the mayer and clerk abouesayd And if the dettour doth not paye at the day of hym lymyted the creditor shal come before the sayd mayer and clerke with his byll obligatorye And if it be found by the rolle and by the byll that the dette was knowledged and that the daye of payment is expyred the mayer shall incontynent cause the mouables of the dettour to be solde as farre as the dette doth amounte at the preysyng of honeste men after the maner of borugh goodes deuysable vntyl the hole summe of the dette the money be fully payed to the creditour And if the mayer can fynde no byer he shal cause the mouables to be delyuered to the creditour at a reasonable pryce asmuche as doth amounte to the summe of the dette And the kynges seale shall be putte vnto the sale and delyueraunce of the goodes deuysable for a perpetuall wytnesse And if the dettour haue no mouables within the iurisdiccyon of the mayer wherupon the dette may be leuyed but peraduenture hath some otherwhere within the reyalme then shall the mayer retourne the recognysaunce made before hym and the clerke aforesayd vnto the chauncellour vnder the kynges seale And the chauncellour shall dyrecte a wrytte vnto the sheryfe in whose baylewyke that the mouables of the dettour hap to be and the sheryfe shall cause hym to agree with his creditor in such fourme as the mayer shulde haue done in case that the mouables of the dettour had ben within his power And let them that haue preysed the mouable goodes to be delyuered vnto the creditour take good hede that they doo sette a reasonable pryce vpon them for if they do sette an ouer hyghe pryce for fauour borne to the dettour to the damage of the creditor then shall the thynge so preysed be delyuered vnto themselfes at such pryce as they hauely mytted shal be forth with aunswerable vnto the creditour if the dettour wyll saye that the mouable goodes were delyuered or solde for lesse then they were worthe yet shall he haue small remedie therby for when the mayer or the sheryf haue solde the mouable goodes lawfully to hym that offered most he may accouÌ„t it his owne foly that he dyd not sell his owne mouable goodes hymselfe before the day of the suyte when he myght well ynough so haue leuyed the money with his owne hendes And if the dettour haue no mouables wherupoÌ„ the dette may be leuyed then shal his body be takeÌ„ where it may be founden kepte in pryson vntyll that he hath made agrement or his freÌ„des for hym And if he haue not wher with he maye sustayne hymselfe in pryson the creditor shall fynde hym bread water to th ende that he dye not in pryson for defaute of sustenaunce the which costes the dettour shall recompence hym with his deâ—â—e before that he be let out of pryson And if the creditour be a merchaunt straungyer he shall remayne at the costes of the dettour for so long tyme as he taryeth about the suyte of his det and vntyll the mouable goodes of the dettour be solde or delyuered vnto hym And if the creditour do not take the deltour alone for the suretye of his paymeÌ„t by reason wherof pledges or maynpernours be founden then those pledges or maynpernours shall come before the mayer and clerke abouesayd and shall bynde themselues by wrytynges and recognysauncecâ— in lyke maner as the pryn cypall dettour And in lyke maner if the dette be not payed at the daye lymytted such execucyon shal be awarded agaynst the pledges or maynpernours as before is appoynted for the dettour Prouyded neuerthelesse that so longe as the dette may be fully takeÌ„ leuyed of the goodes mouable of the dettour in fourme aboue mencyoned the maynpernours or pledges shal be without damage notwithstandyng for defaute of mouable goodes of the dettour the creditour shall haue execucyon of his recognysaunce vpon the maynpernours or pledges in suche maner and fourme as before is lympted agaynst the pryucypall dettour ¶ Finis ¶ Artycles vpoÌ„ the chartours made the .xxviii. yere of kynge Edwarde the fyrste ⸫ FOr-asmuche as the artycles of the greate chartour of the lybertes of Englande and of the chartour of forest the whiche kynge Henry father to our soueraygne lorde the kynge graunted to his people for the weale of his royalme haue not ben heretofore obserued ne kepte and all because there was no ponyshement executed vpon them whiche offendyd agaynste the poyntes of the chartours before mencyoned Our soueraygne raygne lorde the kynge hathe agayne graunted renewed and coÌ„fermed them at the requestes of his prelates erles barons assembled in his parlyameÌ„t holden at westmynster the xxviii yere of his reygne And hath ordeyned enacted establyshed certayne artycles agaynste al them that offende coÌ„trary to the poyntes of the sayd chartours or any parte of them or that in any wyse transgresse them in the fourme that ensuyth 1. Fyrst of all that fromhensforth the greate chartour of the lybertes of Englande graunted to all the comynalte of the royalme and the chartour of foreste in lyke maner graunted to be obserued kept and maynteyned in euery poynte in as ample wyse as the kynge hath grauÌ„ted renewed and coÌ„fermed them by his chartour And that the chartours be delyuered to euery sheryfe of Englande vnder the kynges seale so be red foure tymes in the yere before the people in the full conntie that is to wyte the next couÌ„tie day after the feast of S. Myghell and the nexte countie day after the feaste of the circumcisyon and after Easter and after the feast of saynt Iohan Babtyste And for these two chartours to be fermely obserued in euery poynte and artycle where before no remedie was at the comon lawe there shal be chosen in euery shyre court by the cominaltie of the same shyre thre substancyall men knyghtes or other lawful wyse and wel dysposed persones to be iustyces whiche shal be assygned by the kynges lettres patentes vnder the greate