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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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The boke of Magna Carta with diuers other statutes whose names appere in the nexte lefe folowynge translated into Englyshe ⸫ ☞ Facessat calumnia ⸫ ☞ Anno Dn̄i 1534. ¶ A Table declaryng the names of all the statutes cōteyned in this boke as they stande in ordre ⸫ THe great chartour folio .i. He chartour of forest folio .x. Merton folio .xiiii. Marlebrydge folio .xviii. Westmynster fyrste folio .xxx. Gloucestre folio L. Exposicyons of Gloucestre fol .lvi. Westmynster secounde folio .lvii. Westmynster thyrde folio C. Wynchestre folio C .i. The statute of merchaūtes fo C .v. The statute of relygious fol .c. ix The statute of champartye fol .c. x. Vyewe of francpledge folio .c. x. Assyse of bread and ale fol .c. xii Artycles for the clergy folio .c. xiii Impanellyng assyses fo .c. xviii Iniquisicyon vpon the statute of wynchestre folio .c. xx Circumspecte agatis folio .c. xxi Artycles agaynste the kynges prohybicyon fo .cx. xi Dystresses of theschequer fol .c. xxii Diffinicion of conspiratours fo .c. xxiii Leuyeng of fynes folio .c. xxiiii Fynes makyng attorneys fo .c. xxvii The statute of defendynge ryght or resceyte folio .c. xxviii The statute of vouchyng fo .c. xxix The statute of yorke folio .c. xxx The kynges prerogatyue fo .c. xxxiii Doynge of homage fol .c. xxxviii The statute of wardes relyefes fo 139. Dayes in the benche fo .c. xl The statute of bigamy fol .c. xl The statute of toyntenātes fo .c. xlii Dayes in a wryt of dower folio .c. xlv The statute of Eschetours fol .c. xlvi The statute of sh●ryfes fol .c. xlvii The statute of Irelande fo .c. xlviii Quo warran to the fyrst folio .c. l. An ordinaunce of measures fo .c. l. A statute for theschequer fol .c. li. The statute of Essoynes fo .c. lv A statute of the pyllorye fol .c. lvi Breakers of prysons fo .c. lviii Of trespassers in parkes fol .c. lviii The wrytte of consultacion fol .c. lix The offyce of Coroners fol .c. lx The statute of proteccyons fo .c. lxi● The fourme of leuyeng fynes fo .c. lxiii The statute of Ga●elette fol .c. lxiiii The statute of knyghtes fo .c. lxv The statute of waste fol .c. lxvi Of weyghtes measures fo .c. lxviii Of Forstallours fo .c. lxviii The statute of pryses folio .c. lxix Of purchasyng lybertes fol .c. lxx A statute of the leape yere fo .c. lxxi Of persones appealled fo .c. lxxix The extent of a maner fo .c. lxxiii Quo warranto the secoūde fo .c. lxxiiii An ordināce of inquestes fo .c. lxxvii An ordināce of the forest fo .c. lxx●viii Of conspiratours fol .c. lxxix Of measuryng lande fo .c. lxxx The sta of Acton Burnell fol .lxxxi. Artycles vpō the chartours fo .c. lxxxiii And after foloweth a bryef colleccyon of the reygnes of the kynges of Englande with a propre table wherby on● may lyghtly fynde out the pryncypall matters conteyned within this boke ⸫ ¶ Faultes escaped in the pryntynge ⸫ IN the. 11. lefe the last lyne on the fore syde for lene rede leue the. 17. lefe the secounde lyne on the baksyde for lese rede leasse the. 17. lefe the. 23. lyne on the foresyde for more rede mere the. 23. lefe the. 24. lyne on the foresyde for Se rede So. the. 24. lefe the. 9. lyne on the baksyde for so moued somoned the. 26. lefe the. 6. lyne on the foresyde by the death is twyse put in and the. 11. lyne on the foresyde for countre rede courte the. 57. lefe the. 8. lyne on the foresyde for verely rede yerely the. 75. lefe the secound lyne on the foresyde for counte rede cuntre the. 76. lefe ye. 4. lyne on the foresyde after this worde haue rede power ye. 82. lefe the. 4. lyne on the baksyde for had put rede hath put hymself the. 86. lefe the. 3. lyne on the foresyde for handes rede landes the. 88. lefe the. 22. lyne for fayned rede fyned the. 95. lefe the laste lyne on the baksyde for clothe rede garment the. 114. lefe the. 21. lyne on the foresyde after this worde hereafter rede lye the. 119. lefe the. 10. lyne on the foresyde for merchaunt townes rede market townes and so in dyuerse other places of the boke the. 121. lefe and 19. lyne after spirituall rede goodes the 138. lefe the fyrste lyne on the foresyde for make rede do the same lefe in the. 5. lyne after the worde your rede man the 144. lefe and fyrste lyne on the baksyde for and rede had the same lefe and. 5. lyne after this worde called rede indicauit the. 148. lefe and. 15. lyne for this worde lande rede offyce the. 156 lefe the fyrste lyne on the foresyde after he rede the sheryfe the. 158. lefe the. 13. lyne on the foresyde after hath rede broken the same lefe and. 19. lyne for vnto rede after the. 160. lefe 28. lyne for one rede any the. 162. lefe 21. lyne for he rede hue the. 169. lefe and. 19. lyne after aswell rede vpon the. 178. lefe 8. lyne on the baksyde for this word escheate rede estate ⸫ ¶ The great Chartour made in the .ix. yere of kyng Henry the thyrd and confirmed by kyng Edwarde the fyrste in the .xxviii. yere of his reygne EDwarde by the grace of God kynge of England lorde of Irelande duke of Guyan To all archebyshops byshops abbottes pryours erles barōs iustyces sheryffes reuys offycers and to all baylyffes and other his faythfull subiectes greatynge We haue sene the greate Chartour of the lorde Henry somtyme kynge of Englande our father of the lybertyes of Englande in these wordes ¶ Henry by the grace of god kynge of Englande lorde of Irelande duke of Normandye and Guyan and erle of Angeoy To all archbyshops byshops abbottes pryours erles barons sheryffes reuys offycers and to all baylyffes and our faythfull subiectes whiche shall see this present chartour gretyng Knowe ye that we vnto the honour of almyghty god and for the saluacyon of the soules of our progenytoures and successoures kynges of Englande to the aduauncement of holy churche and amendement of our realme of our mere and fre wyll haue gyuen and graunted to all archebyshops byshops abbottes pryors erles barons and to all fre men of this our realme these lybertyes vnder wrytten to be holden and kepte in this our realme of Englande for euermore ¶ The fyrst Chapiter FIrste we haue graunted to god by this our present chartour haue confirmed for vs our heyres for euermore that the church of Englande shal be free and shall haue all her hole ryghtes and lybertyes vnhurt We haue graunted also and gyuen to all the fremen of our realme for vs and our heyres for euermore these lyberties vnderwryten To haue and to holde to them and to theyr heyres of vs and ou● heyres for euermore ¶ The secound Chapiter IF any of our erles or barons or any other our tenauntes that doo hold of vs in chyef by knightes s●●uy●e
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
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 ● 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 enfaūt 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 dysherytaūces 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 amendemēt 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 commaūdyng 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 lādes 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 holdē frō 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 fesfemēt or pledyth some other thynge wherby the iustyces awarde an inquest wheras before the inqueste was de●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 mēcyoned in the dede that his father dyd bynde hym and his heyres to warraūtye And if the inheritaūce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritaūce 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 dyscēded 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
yere next folowyng to holde it as before is sayd And so euery chyef lorde ymmedyate may entre in suche landes if the next lorde ymmedyate be necglygent to entre in suche landes as before is sayd And if all the chyef lordes of suche fees beynge of full age within the .iiii. sees out of pryson be necglygent or slack in this behalfe we ymmedyatly after the yere accomplyshed from the tyme that such purchases gyftes or apꝓpriacyōs happe to be made shall take such landes and tenementes into our hande shall infesse other therin by certayne seruyces to be done to vs for the defense of our realme sauyng the chyef lordes of the fees wardes eschetes other seruyces due therunto due accustomed And therfore we comaund you that ye cause the foresayd statute to be redde before you fromhensforthe to be kept firmely obserued Wytnesse of myselfe at westmynster the .xiiii. daye of Nouembre the .vii. yere of our raygne ¶ The statute of Champartye made the .xi. yere of Edward the fyrst UUhere it is cōteyned ī our statute that none of our court shulde take no plee for champartye or mayntenaūce neyther by craft nor engyn pleders at torneys apprentyces stewardes of noble mē bayllyfes other of our realme take matters for champartye by other debates all maner of plees agaynste all maner of persons wherby al the realme is greatly greued aswell ryche men as pore be troubled many wayes It is prouyded by comō accorde that all such as frōhensforthe shal be attaynted of suche part takyng sutes bargaynes And all suche as do assent therto shall haue thre yeres imprysonmēt for all that shal be raūsomed at the kinges pleasure Gyuē at Berwyk vpō twede the .xi. yere of the raygne of kyng Edward the fyrst ¶ The statute for vyew of frankpledge made the .xviii. yere of Edwarde the secounde FIrste you shall say vnto vs by the othe that you haue made if all the iurours that owe sute to his courte becomen and which not And if all the chyef pledges or theyr dosens be come and whiche not And if all the dosens be in the assyse of our soueraygne lorde the kynge and whiche not and who receyued them and if there be any of the kynges vyllayns fugytyfe dwellyng other where then in the kynges demeanes and of such as be within the kynges demeanes and haue not abyden a yere and a daye And if there be any of the lordꝭ vyllaynes in frākpledge otherwhere then in this court Of customes seruyces due to this court withdrawen howe and by whome and in what bayllyfes tyme. Of purprestures made in landes woodes and waters to the annoyaunce of walles houses dykes hedges set vp or beten downe to the annoyaunce Of boundes withdrawen taken away Of wayes and pathes opened or stopped of waters torned or stopped and brought frō theyr ryght course of breakers of houses and of theyr receyuors of comen theues and of theyr receyuours of pety brybours as of gese hennes or shewys of theuys that stele clothes or shefes of such as go ī message for theues of cryes leuyed and not pursuyd of blodshed and of frayes made of eskapes of theues or felons of persones outlawed not hauynge the kynges warraunte of wymmen rauyshed not presented before the corowners of clyppers and forgers of money of treasour founde of the assyse of bread and ale broken of false measures as of bushelles galons yerdes and elles of false balaunces and weyghtes of such as haue double measure and bye by the great and sell by the lesse Of such as contynually haunt tauernes and no man knowyth wheron they do lyue of such as slepe by daye watch by nyght and fare wel and haue nothyng of cloth sellars curryours of lether dwellynge out of merchaūt townes of such as take church or churchyarde and after depart without makyng lassesse of persons imprysoned and after let go without mayn prys of such as take doues in wynter by dorefalles or engyns And of all these thynges you shall do vs to wyte by the othe that you haue taken ¶ Here endeth the statute of vyewe of Frankpledge ¶ Here begynneth the statute of bread and ale made the .li. yere of kynge Henry the thyrde WHen a quarter of wheate is sold for .xii. d. then wastell bread of a ferthynge shall waye .vi. li. .xvi. s̄ Bread coket of a ferthing of the same corne and bultell shall waye more then wastel by .ii. s. Coket bread made of corne that is of lesse pryce shal way more then wastel by d. s̄ A symnell of a ferthyng shall way .ii. s̄ lesse then wastel Bread made of the hole wheat shall waye a coket an halfe so that a coket shall waye more then wastell by .v. s̄ Bread of trete shall waye .ii. wastelles Bread of comen wheat shall waye .ii. great cokettes when a quarter of wheat is solde for .xviii. d. a wastel lofe of a ferthyng shal way .iiii. li. x. s̄ .viii. d. when a quarter of wheat is sold for .ii. s̄ then a wastell lofe of a ferthynge shall waye .lxviii. s̄ When it is solde for .ii. d .vi. d. liiii s̄ .iiii. d. ob q̄ when for .iii. s̄ xlviii s̄ when for .iii. s̄ .vi. d. xlii s̄ when for .iiii. s̄ xxxvi s̄ when for .iiii. s̄ .vi. d. xxx s̄ when for .v. s̄ xxviii s̄ .ii. d. ob when for .v. s̄ .vi. d. xxiiii s̄ .viii. d. q̄ when for .vi. s̄ xxii s̄ .viii. d. when for .vi. s̄ .vi. d. xix s̄ .xi. d. when for .vii. s̄ xix s̄ .i. d. when for .vii. s̄ .vi. d. xviii s̄ .i. d. ob when for .viii. s̄ xvii s̄ when for .viii. s̄ .vi. d. xvi s̄ when for .ix. s̄ xv s̄ q̄ when for .ix. s̄ .vi. d. xiiii s̄ iiii d. ob q̄ when for .x. s̄ xiii s̄ .vii. d. ob when for .x. s .vi. d. xii s .xi. d. q̄ when for .xi. s. xii s̄ .iiii. d. q̄ when for .xi. s .vi. d. xi s .x. d. when for .xii. s. xi s .iiii. d. And then a baker of euery quarter of wheat as it hath ben prouyd by the kynges bakers may gayne .iiii. d. and the branne and .ii. loues for auauntage for thre seruauntes .i. d. ob for two laddys ob in salte ob for knedyng ob for candell q̄ for woode .ii. d. for his bultell ob when a quarter of wheat is solde for .iii. s̄ or .iii. s̄ and .iiii. d. And a quarter of barley at the pryce of .xx. d. or .ii. s̄ And a quarter of otys at .xvi. d. then brewars in cytes ought and may well aforde and sell .ii. galons for .i. d. And out of cytes they may sell .iii. or .iiii. galons for .i. d. ¶ Here endeth the statute of assyse of bread and ale ¶ Artycles for the clergye made the ix yere of Edward the secoūd EDwarde by the grace of God kyng of Englād c. Vnto all to whome these our presente
cause those demaundantes to replede of newe wher by such demaundantes are greatly deferred in the case aforesayd for to recouer theyr ryght in the kynges courte by reason of such malyce aswel by mystakyng of the sayd statute of for any other cause iuste and reasonable And this is vsed● founde dayly before our iustyces in consyderacyon wherof our soueraygne lord the kynge for to withstande all such malyce in the foresayd case and intendyng to prouyde a remedye therin in his full parlyament hath ordeyned and frōhensforth commaundyth straytly to be obserued that is to wyte the moneday nexte after the feaste of the purificacyon of our lady the .xx. yere of his raygne that if any before iudgement in the aforesayd case cometh in by a colleraterall tytle ▪ and desyreth to be receyued before his receyte he shall fynde suffycient suretye ▪ as the courte wyll awarde to satysfy● the demaundāt of the value of the issue● of the landes so to be recouered from the daye that he is receyued to make aunswere vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant And if the demaūdant recouer his demaunde the defendour shal be greuously amerced if he haue wherof And if he haue not he shal be imprysoned at the kynges pleasure And if he can proue his right to be as good as he af●●r at such tyme as he was receyued he shal med go quyte Finis ¶ The statute of vouchers made the .xx. yere of Edwarde the fyrst WHere as the tenaunt in a plee reall heretofore had vouched one to warrauntye and therupon the demaūdant wyl auerre that he nor none of his auncetours syns the tyme that the auncetour of the demaundant was seasyd was in possession of the sayd landes nother in demean nor in seruyce if the partye that is vouched be present and wyll warraū ▪ tyse the lande frely vnto the tenaūt such aucrremēt of the demaundant hath not ben vsed to be admytted except the partye vouched had ben absent and that by reason of a certayne statute of the kynges lately made amongest other statutes of westmynster fyrste wherfore our soueraygne lorde the kyng consyderyng the fraude deceyte and malyce and also his owne damage and dysherytynge of his crowne that in the sayd case hath many tymes happened in his courte and dayly doyth where as some holdynge of the kyng in chyef by an hole baronye in a ple hangyng before the iustyces of the benche vpon theyr demaunde do vouch partycularly knaues vnknowen straūgyers whiche they wyll brenge forth of whome neyther they nor theyr auncetours had neuer any thynge in the landes that they haue warraunted nor in any other landes or tenementes within his realme neyther in demean nor in seruyce as hath ben testefied by dyuerse of the kynges subiectes so that by suche cautell fraude and malyce the same tenauntes holdyng by an entyer baronye do defraude the kynge of the amercymēt that they shulde incurre if the demaundant shulde recouer agaynst them And lykewyse when such persons haue warraunted that is to wyte euery one for his porcion that he ought to warraunt he may defende hymselfe by the body of his seruaūt procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batay●l●s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demaūdantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demaūdant can not haue his auerrement against such warrauntours when they be vouched in fourme aforesayd because the warrauntours be present and wyl warrantyse frely by his comen coūsell hath ordeyned and fromhensforth that is to say from the feaste of S Hyllarye the .xx. yere of his raygne he hath straytly commaudded that who so euer tenaunt do vouche and the demaundant wyll auerre in fourme before rehersed his aucrrement shal be admytted whyther the party vouched be absent or presence without any respecte therunto ¶ Here endeth the statute of vouchers ¶ The statute of yorke made the .xxi. yere of kynge Edwarde the fyrste FOr asmuch as much people of the realme of Englande Irelande hau heretofore manye tymes suffered greate myschyef damage dysherytaunce by reason that i dyuerse cases where the lawe fayled no remedye was purueyd And also for as muche as some poyntes of the statutes heretofore made had nede of exposycyon our soueraygne lorde the kynge desyrynge that ryght be done to his people at his parlyament holden at yorke the .iii. weke after the feaste of S. Myghell the .xiii. yere of his raygne by the assent of the prelates erles barons and the comynalte of his realme there assembled hath made these actes and statutes here folowyng the which he wylleth to be straytly obserued in his sayde realme and land Fyrst for dyuerse myschyefes that where tenauntes in an assyse of nouell dysseson myght not make attorneys heretofore it is agreyd that the tenauntes in assyses of nouell dysseson from hensforthe maye make attourneys yet the kynge intendyth not hereby that the tenauntes and defendauntes in assyses of nouell dysseson shall plede by bayllyfes at theyr owne pleasure as they haue done heretofore it is agreyd that when a dede rēlesse acquytaunce or other wrytyng be denyed in the kynges courte wherin wytnesses be named processe shal be awarded for to cause such wytnesses to appere as before hath ben vsed so that if none of them come in at the great dystresse retourned or if it be retourned that they haue nothynge or that they can not be founde yet the takyng of the inqueste shal not be deferred by the absence of such wytnesses And if the wytnesses do come in at the greate dystresse and the inquest for some cause remayneth vntaken the wytnesses that come in shall haue lyke day gyuen them as is assygned for the takynge of the inqueste at which daye if the wytnesses do not appere the issues that were fyrst retourned ▪ vpon them shal be forfayte And the takyng of the inquest shall not be deferred because of theyr absence And for absence of wytnesses dwellynge within fraunchyses where the kynges wrytte origynall doth not lye the takyng of an inqueste shall not be deferred And where it is contayned in a statute made at westmynster the secound daye of Apryll the. xxvii yere of the reygne of the kynges father that nowe is that inquestes and recognysaunces taken before the iustyces of eche benche sholde be taken before any iustyce of the places accompanyed with som knyght of the shyre where such inquestes happe to be taken if they haue not nede of great examinacion And that in such inquestes the iustyces shall do as they shall thynke most expedyent for the weale of the realme the which statuteth a bettar declaration It is agreyd that inquestes and iuryes that happe to be taken hereafter in plees of lande that requyre not great
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
and expedyent it shulde be to prouyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the fourme expressed in the dede of gyfte shal be obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen but that it shall remayne vnto theyr issue af●er theyr deathe or shall reuerte to the gyuer or his heyres if issue fayle so that there be no issue at all or if any issue be and fayle by death or heyre of t●e body of suche issue faylynge Nor the s●coūd husband of such a womā shall fromhensforthe haue any thynge in the land so gyuē after the death of his wyfe by the lawe of Englande nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce but immedyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen it shall retourne to theyr issue or to the gyuer or his heyre as before is sayd And forasmuch as in a newe case newe remedy muste be prouyded this maner of wrytte shal be gyuen to hym that wyll purchase it Precipe A. quam iuste c. reddat B. tale manerium cum pertinen̄quam C. dedit tali viro et tali mulieri et heredibus de ipsis viro et muliere exeunt vel quam C. dedit tali viro in liberum maritagium cum tali muliere et quam post mortem predictor● viri et mulieris predicto B. filio corundem viri et mulieris descend●●e debeat per formam donacionis predicte vt dicit ●el quod C. dedit tali et heredibus de corpore suo exeunt et quod post mortem illius talis predicto B. filio predicti talis descendere debeat per formam c. The wrytte wherby the gyuer shall recouer when issue fayleth is comen ynough in the chauncery And it is to wyte that this statute touchynge alyenacyon of lande contrarye to the fourm● of the gyfte hereafter to be made shall holde place and shall not extend to gyftes made before And if a fyue beleuyed hereafter vpon such landes it shal be of no effecte in the lawe Nor such as the reuercyon belongeth vnto though they be of full age within England and out of prysone shall not nede to make theyr clayme ¶ The .ii. Chapitre FOr asmuche as lordes of fees dystraynyng theyr tenauntes for seruyces and customes due vnto them are many ●ymes greuyd because theyr tenauntes do repledge the dystresby wryt or without wrytte And whē the lordes at the complaynte of theyr tenauntes do come by attachemente into the shyre ▪ courte ▪ or vnto another courte hauynge power to holde plees of whythernam do abuowe the takynge good lawfull in that the ●●naun●●s dysauowe and do dysclayme to hold awght of hym which toke the dystres and aduowed it he that dystrayned shal be amerced and the tenauntes shal be quyte to whome ponyshment can n●t be assygned for the dysad●owynge by recorde of the courte or of other courtes hauyng no recorde It is prouyded and ordeyned from hensforthe that where such lordes can not obtayne iustyce in such maner of courtes against theyr tenauntes as sone as they shal be a●tached at the sute of theyr ●enaun●es a wrytte shal be graūted them to remoue the matter before the iustyces by whom iustyce may be gyuen to such lordes and afore none other the cause shal be putte in the wrytte because suche a man dystrayned●● his fee for seruyces and customes to hym due nor this acte shall not be pre●udycy all to the law comonly vsed wherby ●● is prohybytte that no ple shal be remo●ed before iustyces at the sute of the defendaunt for though it appeare at the fyrste that the tenaunt is playntyf and the lorde defendant neuerthelesse hauynge respecte to that that the lorde hath dystrayned and suyth for seruyces and customes beyng behynd he aperyth in dede to be rather playntyf than defenbant and that the iustyces maye knowe vpon what freshe season the lordes may aduowe the dystres good and lawfull vpon theyr tenantes From hensforth it is agreyd and enacted that a dystres maye be aduowed reasonable vpon the season of any auncetour or predecessour syns the tyme that a wrytte of nouell dysseson hath runne because it chaunceth many tymes that the tenaūt after he had repledged his beastes doyth sell thē wherby retourne can not be made to the lorde that dystrayned if it be adiudged It is prouyded that the sheryfes or bayllyfes from hensforthe shall not receyue of the playntyfes onely suretyes for the sute before they make delyueraūce of the dystres but also for the retourne of the beastes if retourne be awarded And if any man take sureties otherwyse he shall aunswere for the pryce of the beastes and the lorde that dystrayueth shall haue his recouerye by wrytte that he shal restore vnto him so many beastes or catell And if the bayllyf be not able to restore his lorde shall restore And for asmuche as it happeneth somtyme that af●●r the retourne of the beastes is awarded vnto the dystraynour and the party so dystrayned after that the beastes be retourned doyth repledge them agayne when he seyth the dystraynour appearyng in the court redy to aunswere hym do make defaute wherby retourne of the beastes is awarded agayne to the dystraynour And so the beastes be repledged twyse or thryse and infynytely and the iudgementes in the kynges cou●●e take no effecte in this c● se wherupon no temedye hath ben yet prouyded In this case such processe shal be awarded that as sone as the retourne shal be awarded to the dystrayner by wryt of iudgemēt the sheryf shal be commaunded so make retourne of the beastes vnto the dystrayner in which wryt it shal be mencyoned that the sheryf shulde not delyuer them without wrytte in whiche it shal be mencyoned of the iudgement gyuen by the iustyces that can not be without a wrytte issuyng out of the rolles of the iustyces be fore whome the matter was brought Therfore when he cometh vnto the iustyces and desyreth repleuyn of his beastes he shall haue a wrytte of iudgement that the sheryf takyng suretye for the sute and also of the beastes or catell to be retourned or for the pryce of them if retourne be awarded shall delyuer vnto hym the beastes or catell before retourned and the distraynour shal be attached to come at a certayne day before the iustyces afore whō the plee shal be brough● in presence of the partyes and if he that repledged make defaute agayne or for another cause retourne of the dystres beynge nowe twyse repledged be awarded the dystres shall remayne vnrepleuyabl● but if a dystres be taken of newe and for a newe cause the processe abouesayde shal be obserued in the same newe dystres ¶ The .iii. Chapiter IN case when a man had lost by defaute the lande that he helde in
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