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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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be delyuered but by the kynge hymselfe and as it is contayned in a certayne diuidenda or indenture made betwene the kynge hymselfe and his chauncellour wherof one parte remayneth in the custodye of the chauncellour ¶ Finis ¶ Of sheryfes FOr asmuche as our soueraygne lorde Edwarde sonne to kynge Edwarde fyrste of the name at his parliamēt holden at Lyncolne in quindena Hillari the .ix. yere of his raygne by the informacion of his prelates erles barons other great men of the realme beynge somoned to the same parlyament also by the greuous compleynt of his people dyd perceyue great damage to be done to hym and great oppressions and disheritaunces to his people by reason that vnsuffycient sheryfes and hundredats haue ben before this tyme in the realme and yet be Our soueraygne lorde the kynge intendynge to auoyde and eschewe such euyl oppressions and dysherytaunces by the assent of his prelates barons and other great estates aforesayd hathe ordayned and establyshed in his sayd parlyment that the sheryfes fromhensforth shall be assygned by the chauncellour treasourer barons of theschequer and by the iustyces And in the absence of the chauncellour by the treasourer barons and iustices And that none shal be sheryf excepte he haue suffycyent lande within the same shyre where he shal be sheryfe for to aunswere the kynge and his people And that none that is stewarde or bayllyf to a great lorde shal be made sheryfe excepte he be out of seruyce so that he may attende to the offyce of a sheryfe for the kyng and his people And in lyke maner it is agreyd and establyshed that hundredes whyther they belonge to the kynge or to other shal be kept by conuenient and able persones that haue suffycyent landes within the same hundred or shyre where the hundred is that the chauncellour treasourer barons iustyces shall do assygne in maner aforesayd without hauyng any other regard And if any sheryfes or hundredars be vn sufficyent at this tyme they shal be demoued and other more conuenient putte in to theyr roumes And that such hundredes be lessed to such persones as are suffycient so that they nede not to vse extorcion vpon the people by reason of to outrageous ferme And that no sheryfe nor hundredar shal lesse his lande to any other in ferme or otherwyse and that the execucyons of wryttes that come to the sheryfes shal be done by the hundredars sworne and knowen in the shyre not by other if it be not the open defaute and disturbaunce of the hundredars and then execucion shal be done by other persones more conuenient beyng sworne so that the people that sue such execucions may saufely know the retourne of theyr wryttes to them that haue or ought to haue them ¶ Finis The statute of Irelande HEnry by the grace of God kyng of England lorde of Irelande duke of Guyan and Normādie erle of Angeo to his trustye and welbeloued Gerarde sone of Mauryce iustyce of Irelande greatynge Where as certayne knyghtes of the partyes of Irelande haue lately infourmed vs that when any lande doyth descende vnto susters within our bominy ō of Irelande the iustyces ●●raunt in those partyes are vncertayne whyther the yonger susters ought to holde of the eldyste suster and do homage vnto her or not And for asmuche as the sayd knyghtes haue made instaunce to be certefyed how it hath ben vsed heretofore within our realme of Englande in lyke case wherupon at theyr instaunce we do you to wyte that such a lawe and custome is in Englande in this case that if any holdyng of vs in chyef hap to dye hauynge doughters to his heyres our aūcetours and we haue had alway after the death of the father and receyued homage of al the doughters and euery of them in this case dyd holde of vs in chyef And if they happened to be within age we haue alwaye had the warde maryage of them if he were tenant to another lorde the susters beyng within age the lorde shall haue the warde and maryage of them all and the eldyste shall do homage onely for herselfe and all her susters And when the other susters come to full age they shall do theyr seruyce to the lordes of the fee by the handes of the eldyst suster And the eldyst vpon this occasyon may not exact of her yonger susters homage warde or any other subieccyon for when they be al susters and in maner as one heyre to one inherytaunce if the eldyste shulde haue homage of the other susters or demaunde warde then the inherytaunce shulde seme to be deuyded so that the eldyst suster shulde be segniores and tenant of one inherytaunce simul et semel that is to saye heyer of her owne part and segniores to her susters which coulde not stande well to gyther in this case for the eldyst can demaūde nomore then her susters but the chyefe mease by reason of her auncienty Moreouer if the elder suster shuld take homage of the yonger she shulde be as a segniores to them all and shulde haue the warde of them and theyr heyres and that shulde be lyke as one wolde commytte a lambe to be deuoured of a wolfe And therfore we comaūde you that you shal cause the foresayd customes that be vsed within our realme of England in this case to be proclaymed thorough out our dominien of Ireland And further shal cause them to be straitly kept obserued In testimony wherof c̄ I myselfe beynge wytnesse at westmynster the .ix. day of February The .xiiii. yere of our raygne ¶ Here endeth the statute of Irelande ¶ statute vpon the wrytte of Quo warranto FOr asmuch as wryttes of Quo warranto and iudgemētes gyuen vpō plees of the same were greatly delayed because the iustyces in gyuyng iudgement were not certefyed of the kynges pleasure therin Our soueraygne lorde the kynge at his parlyament holden at westmynster after the feaste of Easter the .xviii. yere of his raygne of his specyall grace and for the synguler affeccyon that he beryth vnto his prela●es erles and barous and other of his realme hath graūted that all vnder his allygeaunce aswel spirituall as other which can proue and veryfie by inquest in the cuntre or other wyse that they and theyr auncetours or predecessours haue vsed any mance of lybertes wherof they were impleded by the sayd wryttes before the tyme of ● Rycharde our Cosyn or in our tyme and haue contynued hytherto so that they haue not mysused such lybertes that the partyes shal be aiourned further vnto a certayne day reasonable before the same iustices within the whiche they may go to our soueraygne lorde the kynge with the recorde of the iustyces sygned with his seale and also retourne And our sourraygne lorde the kynge by his lettres patentes shall confirme theyr estate And they that can not proue the season of theyr auncetours in suche maners as is before declared shall be ordered and iudged after the
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
hath done to vs knyghtes seruyce in our warres ¶ The .xii. Cha. NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage except he paye the olde pryce lymytted that is to say for caryage with ii horse .x. d. a day for .iii. horse .xiiii. d. a day No demean carte of any spiritual person or knyght or any other lorde shall be taken by our baylyes Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by the leue of hym whose the wood is ¶ The .xxii. Chapiter UUe shall not holde the landes of them that be cōuyet of felony but one yere and one daye and then those landes shal be delyueryd to the lordes of the fee. ¶ The .xxiii. Chapiter ALl werys fromhensforth shal be vtterly put downe by Thamys Medway and thorough all England but onely by the see costes ¶ The .xiiii. Chapiter A Wrytte that is called precipe in capite shal be fromhensforth graunted to no man vpon any freholde wherby a freman may lese his courte ¶ The .xxv. Chapitre ONe measure of wyne shall be thorugh all our realme one measure of ale and one measure of corne that is to say accordyng to the quarter of London and one bredth of dyed clothe russettes and haberiectes that is to say .ii. yardes within the lystes And as it is of weyghtes so shall it be of measures ¶ The .xxvi. Chapiter NO thynge fromhensforth shal be gyuen for a wrytte of inquisicion nor taken of hym that prayeth inquysicyon of lyfe or membres but it shal be graunted frely ¶ The .xxviii. Chapi IF any do hold of vs by fee fearme or by socage or burgage he holdeth landes of an other by knyghtes seruyce we shall not haue the custodye of his heyre nor of his lande which is holden of the fee of another man by reason of that fee ferme socage or burgage Nor we shall not haue the custodye of that fee ferme or socage or burgage except knyghtes seruyce be due vnto vs out of that fee ferme Nor we shal not haue the kepynge of the heyre or of any lande by occasyon of any pety feriantye that any man holdeth of vs by seruyce to paye a knyfe an arrowe or other lyke if the land be holdē of an other lord by knyghtes seruyce ¶ The .xxviii. Chapiter NO bayllye fromhensforth shal put any man to his open lawe nor to an oth vpon his owne sayeng without faythfull wytnesses brought in for the same ¶ The .xxix. Chapiter NO fre man shal be taken or imprysoned or be dyssesyd of his freholde or lybertees or free customes or be outlawed or exyled or otherwyse dystrayned nor we shall not passe vpō hym nor condempne hym but by lawfull iudgement of his peers or by the lawe of the land We shal sell to noman we shal denye nor deferre to noman nother iustyce nor ryght ¶ The .xxx. Chapiter ALl merchauntes if they were not openly prohybyt before shal haue theyr sau●e and sure conduytes to entre and departe to go and tarye in the realme as well by land as by water to bye and sell without any maner of yll tolles by the olde and ryghtfull customes excepte in tyme of warre And if they be of the lande makynge warre agaynste vs and be founde in our realme at the begynnyng of the warres they shal be attached without harme of body or goodꝭ vntyll it be knowen vnto vs or our iustyces howe our merchauntes be intreated there in the lande makyng warre agaynste vs. And if our merchauntes be well intreated there theyrs shal be in lyke maner with vs. ¶ The .xxxi. Chapiter IF any man holde of any escheate as of the honor of walyngford No thyngham Boloyn or of any other eschetes which be in our handes as of any baronye and dye his heyre shall gyue none other relyef nor do none other seruyce to vs then he sholde to the baron if it were in the barons hande And we in the same wyse shall holde it as the baron helde it nor we shall not haue by occasyon of any such barony or escheate any escheate or kepyng of any of our men onles they doo holde of vs other where in chyef or els he that helde the baronye or escheate otherwheare helde of vs in chyef ¶ The .xxxii. Chapiter NO freman frōhensforth shall gyue nor sell any more of his lande but so that of the resydue of the land the lord of the fee maye haue the seruyces due to hym which belonge to the fee. ¶ The .xxxiii. Chapiter AL patrones of abbeys which haue the kynges chartours of Englād of aduouson or haue olde ●enure or possessyon in the same shall haue the custodye of them when they fall voyde as it hath ben accustomed and as it is afore declared ¶ The .xxxiiii. Chapiter NO man shal be takē or imprysoned vppon the appeall of a woman for the deathe of any other then of her husbande ¶ The .xxxv. Chapiter NO shyre courte fromhensforth shal be holdē but from moneth to moneth and where greater tyme hath ben vsed it shal be kept so styll nor no sheryf nor his bayllyf shall kepe his tourne in the hundred but twyse in a yere And not but in due place and accustomed that is to saye ones after Easter and agayne after Myghelmas And the view of frāk pledge shall be lykewyse at the feast of Myghelmas without occasyō So that euery man may haue his lybertees whiche he had or vsed to haue in the tyme of kyng Henry our graūdfather or which he hath purchased syus The vyew of frankpledge shal be so done that our peas maye be kepte And that the trythynge ●e holly kept as it hath ben accustomed And that the sheryfseke no occasyons that he be content with so muche as the sheryf was wonte to haue for his vyew makyng in the tyme of kyng Henry our graundfather ¶ The .xxxvi. Chapitre IT shall not be leful fromhensforth to any man to gyue his landes to any relygyous house and to take the same lande agayne to holde of the same house Nor it shall not be lefull to any house of relygion to take the landes of any man and to lese the same to hym of whome he receyued it If any man fromhensforthe gyue his landes after this maner to any relygyous house and therupon be conuycte the gyfie shall be vtterly voyd the lande shall retourne to the lorde of the fee. ¶ The .xxxvii. Chapiter EScuage fromhensforth shal be taken lyke as it was wont to be in the tyme of kynge Henry our graundfather reseruyng to all archbyshops bysshops abbottes pryors templets hospytelers erles barons and all persons aswell spirituall as temporall all theyr lybertes and fre customes whiche they haue had in tyme passed And all these customes lybertees aforesayd whiche we haue graunted to be holden within this our realme as much
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
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 ●●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 ma●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 herōs and he shall haue also the honye that is founde within his woodes ¶ The .xiiii. Chapiter NO foster frōhensforth that is not ●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 ●● saye for caryage by carie the halfe yere .ii. d. and for another halfe yere .ii. d. for an horse that beryth lo●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 car● chymynage or toll shal be takē Nor chy ▪ 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 cōfirme 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 coronaciō of the sayd kynge Alyanore the quene about which they were all called where it was treated for the comen welth of the realme vpō the artycles vnder wrytten Thus it was prouyded and graunted aswell of the foresayd archbyshops byshops erles and barōs 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 quarētyn 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 tho●e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemēt 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 errātes 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 thē by raunsome or by som other mean And this is the fourme how such beyng ●óuyct shal be ponyshed when the playntyfes com into the courte they shal haue the kynges wrytte dyrected to the she●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 kyngꝭ 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 mēcioned 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 cōmaundement of the kyng In lyke maner shal be done to them that haue recouered theyr season by assyse of mor●daūcetor And so of all landes and tenementes recouered in the kynges courte by ●nqueste if after they be dyssesed by the fyrst deforceours agaynst whō 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
lawe and custome of the realme and suche as haue the kynges chartours shall be iudged accordynge to theyr chartours Moreouer the kynge of his specyall grace hathe graunted that all iudgementes that are to be gyuen in plees of Quo warranto by his iustyces at westmynster after the foresayd Easter for the kynge hymselfe if the partyes greuyd wyll come agayne before the kynge he of his grace shall gyue them suche remedye as before is mencyoned Also our soueraygne lorde hath graunted for sparyng the costes expenses of his people that plees of quo warranto fromhensforth shal be pleded and determyned in the circuyte of the iustyces and that all plees nowe depēdyng shal be aiourned into the shyres vntyll the comynge of the iustyces into those partyes ¶ Finis ¶ An ordynaunce for measures BI the ordynaūce of the hole realme of Englande the measure of our soueraygne lorde the kynge was made so that an Englyshe penye called a sterlyng rounde and without any clyppyng shall waye .xxxii. wheate cornes in the myddes of the eare and .xx. d. shall make an ounce and .xii. ounces ● ●i and .viii. ●i shall make a galon of wyne and .viii. galons of wyne shall make .i. bushel London which is the .viii. part of a quarter ¶ Finis ¶ A statute for theschequer THe kynge commaundeth that al maner of bayllyfes sheryfes and other offycers aswel the iustyces of Chester other bayllyfes therof as other that be receyuours of wardes of eschetes and other bayly wykes shal be aunswerable in the eschequer and there shal make accompt to the treasourer and barons of the same place And that all sheryfes fermours bayllyfes of fraunchyses and other shall come to profer in the eschequer the monday after the feast of saynt Mychell and the monday after the vtas of Easter for to pay theyr termes rentes and issues belongynge to the kynge And shall brynge at the foresayd termes the foresayd fermes rentes and issues beyng due holly into theschequer as before is mēcyoned And if they make defaute theyr body shall remayne without departynge from thens vntyll they haue payd or made agrement And he that wyll not come at the termes aforesayd shal be admerced after the custome of theschequer and the sheryfes bayllyfes at the same termes shal bryng and pay such money as they haue receyued of the somons of the eschequer and other the kynges dettes And shal be prepared and redye to make full accompte of the thynges aforesayd And that all bayllyfes of fraunchyses whiche ought to leuye the kynges dettes and be aunswerable to the sheryfes therof shal come and accompre suffyciently accordyng to ●he extr●ates of the semons of the eschequer And suche as do not theyr bodyes shall remayne in warde of the sheryfes and for defaute of them the sheryfes shall cause the dettes so be leuyed by theyr ●●ne bayllyfes where they haue power as they haue vsed ●o do in tyme passed And if the bayllyfes do not come in at the daye that the sheryfe shall geue them knowledge the she●yfes shall enter into the same iraunchyses and leuye the dettes with his owne hande Concernynge iustyces of Chester and bayllyfes therof the kynge wylleth that they or one of them shall come at the proffer of sayncte Mychell euery yere when they ought to gyue accompte vnto the kynge and at the profer of the vtas of Easter they shal com lykewyse bryng in that that they owe to the kyng for that terme And the Iustyces of Chester shal haue day to accompte from yere to yere in quindena Pasche And the bayllyfes therof the mondaye of Easter vtas And that all sheryfes of Englande except the sheryfes of westmerlande Lancastre worcestre Rutlande and Cornwal shall fromhensforth kepe all such wardes and eschetes as belong to the kyng which be within theyr shyres and not holde of other fees of the issues wherof they shal be aunswerable in the●chequer at the termes aforesayde And at theyr tournes that they make in theyr shyres they shall fynde offyces of such thynges as the kynges eschetours haue not vsed to fynde of that that belongeth vnto the kynge ones or twyse in the yere to as lytle greuaunce of the people as they can And the sheryfes shall sease the escheates that fal to remayne vnto the kynge in fee and shall ●●tefye the kynge of them without delay● And the kynge shall assygne thre able persones that shall go through out the realme to suruey and fynde the wardes and eschetes aforesayd from yere to yere when they shall thynke requysite And the sheryfes by theyr counsell shall approue and lette to ferme or otherwyse such wardes and escheates as they shall thynke most for the kynges aduaūtage And in the fyue shyres before named the kynge wyll that the sheryf of Comberland shal execute the offyce of theschet our in the shyres of westmerland and Lan● And the sheryf of Nothynghā in Rotte lande And the sheryf of Gloucestre in worcestre And the sheryf of Deuonshyre in Cornewall and shall saufely kepe the kynge his wardes and eschetes in the same shyres and shal be aunswerable in the eschequer for the issues of them as well as for theyr owne shyres And the thre persones aforesayd shall suruey and extende such wardes and eschetes aswell there as in other places and shal be approued by theyr counsell And when the sheryfes do account they shall accounte for suche wardes eschetes And in lyke maner shall the iustices of Chestre do theyr bayllyfes also euery one for his baylewyke And the sayd thre persones shal kepe the kynges demeanes and shal approue them as they shall thynke beste for the kynges aduauntage and shal be aunswerable for the issues and they shall haue power to lesse small manors or demeanes to folke of the same places or to other according to theyr dyscretion and shall let them to ferme from yere ●● yere as they shal thynke most for the kynges aduauntage And the fermours shal be chargeable for theyr fermes vnto the princypall approuers and they vnto the eschequer the monday next after the Ascension from yere to yere And the pryncipall collectours of the custome of wolles at the two termes before mencyoned shall paye all suche money as they haue receyued of the sayd custome and shall make accounte from yere to yere clerely of all parcelles receyued in any of the portes or other places of the realme so that they shall aunswere for euery shyp where it was charged howe moche it caryed whos 's the wolles were and for euery other charge in the shyppe wherof custome is due and for the hole resceyte And the wardeyn of the kynges wardrobe shall make accounte yerely in the eschequer in the feast of saynct Margarete and the treasourer and barons shal be charged by othe that they shall not attende to here the plees or matters of other men whyles they haue to do with the kynges busynes except it be a
graunted that he and all his successours shulde be trybutaryes vnto my lorde the pope payeng yerely for Englande .lxx. markes and for Irelande two hundred 10. Henry the thyrde sone of kyng Iohan began his reygne the .xviii. daye of Octobre the yere of grace M. CC .xvii. And was crowned the .xvi. daye of Iuly next folowyng And dyed the .xvi. day of the moneth of Nouembre And reygned lvi yeres .vi. monethes xxviii dayes And lyeth buryed at westmynster And in the tyme of this kynge began the pylgrymage to Bromeholme And in the tyme of this kynge sayncte Thomas of Canterbury sayncte wolstane of worcestre were translated And this kynge in the .xxii. yere of his reygne made his fyrste voyage into Gascoygne and his ii voyage in the. xxv yere of his reygne 11. Edwarde the fyrst son of Henry the thyrde began to reygne the .xvi. daye of Nouembre the yere of grace M. CC .lxxii. And was crowned the .ix. daye of Auguste next folowynge And dyed the vii daye of Iuly And reygned .xxxiiii. yeres .viii. monethes and .ix. dayes And is buryed at westmynster 12. Edwarde the secounde his sone began to reygne the .vii. daye of Iuly the yere of our lord ▪ M. CCC .vii. And was crowned the .xxiiii. daye of Februarye next folowynge And dyed the .xxv. daye of Ianuary And reygned .xix. yeres vii monethes and .vi. dayes And lyeth buryed at Gloucestre 13. Edwarde the thyrde sone to the secounde Edwarde began his reygne the xxv day of Ianuary the yere of our lord M. CCC .xxvi. And was crowned the secounde daye of February nexte folowynge And dyed the .xxi. daye of Iune And reygned L. yeres .v. monethes and vii dayes And lyeth buryed at westmynster This kyng vanqu●shed the Scottes at Halydon hyll in whiche battayll he ●●ewe xxxv thousande and after he toke the towne and castell of Berwyke And after he obtayned the vyctorye vpon the french men in the ●●●el of Sluys where he slewe .xxx. M. of them 14. Rycharde the secounde sone of Edwarde that was prynce of wales sone to Edwarde the thyrde was borne hauyng no skynne and therfore was kept vp in ghote skynnes began his reygne the .xxi. daye of Iune the yere of grace M. CCC .lxxvii. And was crowned the xvi daye of Iuly next folowynge And dyed the .xxix. daye of Septembre And reygned .xxii. yeres .iiii. monethes and two dayes And is buryed at westmynster durynge the reygne of this kynge one Iacke straw accōpanyed with m●ny other rebelles of Rent made an insurreccion in the realme And in his tyme also began the opinions of Iohan wy●lefe 15. Henry the fourth so●e to Iohan of Gaunt duke of Lancastre beganne his reygne the .xxix. daye of Septembre the yere of our lorde M. CCC lxxxxix And was crowned the .xiii. daye of Octobre nexte folowyng And dyed the .xx. day of Marche A●d reygned .xiii. yeres .v. monethes and .xviii. dayes And is buryed at Canterbury 16. Henry the .v. son to the said Henry began his reygne the .xx. day of March the yere of our lorde M. CCCC .xii. And was crowned the .ix. day of August next folowyng And dyed the .xxxi. daye of August and reygned .ix. yeres .v. monethes and .xxiiii. dayes And is butyed at westmynster And in the tyme of this kynge there was an insurreccion of lorlardes made agaynst hym in a place called fyckettes felde but they were taken and hanged And lykewyse in his tyme the dolphyn of Fraunce in decision sent hym a tonne full of reuys balles into Englande And not longe after duryng his reygne was the battayll of Agyncourt at the which a great multitude of french men were slayne 17. Henry the .vi. son of Henry the. b. began his reygne the .xxxi. daye of August the yere of grace M. CCCC xxii And was crowned the .vi. day of Nouēbre the yere of grace M. CCCC .xxiii. And dyed the fourth day of Marche the yere of our lorde M. CCCC .ix. And so reygned .xxxviii. yeres .vi. monethes and xvii dayes And lyeth buryed at wyndezor And in the .xxv. yere of this kynge the parlyament was bolden at S. Edmōdes Buty in Suthfolke where Hum frey duke of Elocestre was put to death And be beyng but an enfaunt was crowned kynge of Fraunce at Parys 18. Edwarde the fourthe beganne his reygne the fourth day of Marche in the yere of our lorde M. CCCC .lx. And was crowned the .xxvi. day of Iune next folowyng and dyed the .ix. day of Apryl And so reygned .xxii. yeres one moneth .viii. dayes is buryed at wyndezor 19. Edwarde the .v. sonne to Edwarde the fourth began his reygne the. i● day of Apryl the yere of our lord M. CCCC lxxxiii and was neuer crowned And so his reygne dured but two monethes xviii dayes and dyed in the towre of London 20. Kycharde the thyrde duke of Gloucestre beganne his reygne the .xxii. daye of Iune the yere of our lorde M. CCCC .lxxxii. And was crowned the .vi. daye of Iulye nexte folowynge And was slayne at the battell of Bosworth the .xxii. day of the moneth of August the yere of grace M. CCCC lxxxvi And so reygned two yeres two monethes and fyue dayes And is buryed at Leycestre 21. Henry the seuēth of that name erle of Rychmonde beganne his reygne the xxii daye of Auguste in the yere of our lord M. CCCC .lxxxv. And was crowned the .xxx. day of October next folowynge And dyed the .xxi. day of Apryl the yere of grace M. CCCCC .ix. And so reygned .xxiii. yeres .viii. monethes and vii dayes In the thyrde yere of his reygne be obtayned the victorye in battell besydes Newer●e agaynste the erle of Lyncolne and Martyn swart And in the .xii. yere of his reygne he ouercam the comons of Cornewal in Blackbeth felde And the same yere he toke one Parken warbeck which sclaunderously and ●●aytorously named hymselfe the secoūd sone of kynge Edwarde the fourth but afterwarde the same Parken and his mayster were both hanged at Tyburne for theyr treason 22. Henry the eyght began his moste gracyous reygne the .xxi. day of Apryll in the yere of our lorde M. CCCCC .ix. And was crowned the .xxiiii. daye of the moneth of Iune next ensuyng whose moste fortunate and prosperous reygne almyghtye God of his greate goodnes longe contynue ¶ Finis ¶ Here ensuyth a table for the boke after the ordre of the Alphabete Abiuracyon Folio 115. Able and not able folio 110. Accessorye folio 35. Account folio 27. 47. 151. Accusacion folio 7. Ad quod damnum folio 170. Age. folio 48. 51. 92. Ayde of the kynge folio 140. 141. Aiornement folio 4. 83. Alienacion folio 51. 135. Allowance folio 41. Amercyament folio 5. 26. 27. 38. Admesurement folio 68. 69. Appelle folio 8. 54. 75. Approuementes folio 12. 217. Armoure folio 114. Arestes folio 33. 158. Assyse folio 4. 41. 77. 80. 83. Attachement folio 14. Atteynt folio 45. 49. Attorney fol. 14. 53. 73. 127. 138. 47. Aduouson
woodes and pastures because the same feffees ought to haue sufficient pasture accordyng to theyr holde Thus it is prouyded and graū●ed that whan so euer suche feffees ●o brynge an assyse of nouell dysseson for theyr comē of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffyseth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture then let them be cōtented therwith and they on whome it was cōplayned shal go quyte of that in so moch as they haue made theyr ꝓfyte of theyr landes was●e woodes and pastures And if they alledge that they haue not suffycyent pasture or suffycyent ingate outgate accordynge to theyr holde then let the truth be inquered by assyse And if it be sounde by the assyse that the same deforceours haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffyciēt pasture as before is sayd then shall they recouer theyr sea son by vyew of the inqueste so that by theyr dyscrecyō and othe the playntyfes shall haue suffycient pasture and suffycyēt ingate and outgate in fourme aforesayd And the dyssesors shal be amerced and shall yelde damages as they were wont before this prouysyon And if it be certefyed by the assyse that the playntyfes haue suffycient pasture with fre ingate and outgate as before is sayd let the other make theyr profyte or approuement of the resydue and go quyte of that assyse ¶ The .v. Chapiter LIkewyse it is prouyded graunted of the kynge that from hensforth vsuryes shal not rēne agaynst any beynge within age from the tyme of the deathe of his auncetour whose heyre he is vnto his lawful age so that notwithstandyng this the payment of the pryncypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is ¶ The .vi. Chapite OF heyres that be led away witholden or maryed by theyr frendes or by other with force agaynste our peas Thus it is prouyded that what so euer ●ay man be conuyct therof that he hath so witholden any chylde led away or maryed he shall yelde to the loser the value of the maryage And for the offence his bodye shal be taken and imprysoned vntyll he haue recompensed the loser if the chylde be maryed and further vntyll he hathe satisfyed the kynge for the trespas And this muste be done the heyre beyng within the age of .xiiii. yeres And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable cōuenyēt maryage without dysperagement then his lorde shal hold his lande beyonde the terme of his age that is to saye .xxi. yeres so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude collusyon and after as it may be proued in the kynges courte And as touchyng lordes which marye those that they haue in warde to vyllayns or other as burgesses where they be dysperaged if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage then if his frendes cōplayne of that lorde he shall lose the wardshyp vnto thage of the heyre And all the profytes that therof shal be taken shall go to the vse of the heyre beyng within age after the dyscrecyon prouysyon of his frend● for shame done to hym but if he were xiiii yeres and aboue so that he may cōsent and do consent to such maryage no payne shall folow If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be compelled therto but whē he comyth to full age he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande and that whyther he wyll marye hymselfe or not for the maryage of hym that is within age of more ryght pertayneth to the lorde of the fee. ¶ The .vii. Chapiter OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder H. kynge the yere and daye It is prouyded that from densforth there be no mencyon made of so longe tyme but frō the tyme of kyng Henry our graundfather And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore And the wryttes before purchased shall procede wryttes of mortdauncetor of natiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande And this acte shall take effecte as before is declared wryttes o● nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme aforesayd and all wryttes purchased before shall procede ¶ The .viii. Chapiter TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke maner as one that is borne after matrymony all the byshops aunswered that they wolde not nor coulde not aunswer to it because it was dyrectly agaynst the order of the churche And all the byshopes instaunced the lordes that they wold cōsent that all suche as were borne afore matrimony shuld be legyt●ymate aswell as they that be borne within matrimonye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme and all the erles and batons with one voyce aunswered that they wolde not chaunge the lawes of the realme which hytherto haue ben vsed and approued ¶ The .ix. Chap. MOreouer it was enacted that euery freman which oweth sute to the countye trythyng hundred and wapētake or to the courte of his lord may frely make attorney to do the sutes for hym ¶ The .x. Chapiter OF trespasers in parkes and warrens it is not yet dyscussed for the lordes demaunded the propre imprysonment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed wherfore it was deferred ¶ Here endeth the statute of Merton ¶ The statute of Marlebrygge THe yere of grace a. M. CC .lxvii. the .lii. yere of the raygn of kyng H. son of kyng Iohā in yvtas of S. Martyn for the bettar estate of this realme of England for the more spedy minystracion of iustyce as belongeth to ●hoffyce of a kynge the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree It was prouyded agreyd ordeyned that where a● the realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons for reformacyon wherof statutes and lawes be ryght necessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes ordynaunces and statutes vnder wrytten whiche
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
sayd And the merchaūt shal fynde hym bread and water the merchaunt shall haue such season in the landes and tenemētes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the d●tte be payd And as sone as the dette is leuyed the bodye of the dettour shal be delyuered with his landes and in suche wryttes as the chauncellour doyth awarde mencyon shal be made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shal be afore the iustyces if agrement be not made and if the sheryfes do not retourne the wrytte or do retourne that the wrytte came to late or that they haue dyrected it to the bayllyfes of some frauuchyse the iustyces shall do as it is contayned in the statute of westmynster And if the sheryf retourne that the bettour can not be founde or that he be clerke the merchauntes shall haue wryttes to all the sheryfes or he shal haue the lande and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent to holde vnto hym his assygnes in the fourme aforesayd at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye and to retayne ī maner afore sayd and the kepar of the pryson ought to take hede that he muste aunswere for the bodye or for the dette and after that the dettours landes be delyuered to the merchaūt the dettour may lawfully sell his land so that the merchaunt haue no damage of the approwemētes and the merchauntes shall always be allowed for theyr damages and all costes labours sutes delayes expenses reasonable And if the dettour fynde suretyes which knowlege thēselues to be pryncypall dettours after the day passed the sure tyes shal be ordered in all thynges as is sayd of the pryncypal dettour as to the arrest of body delyuere of lādes other thynges And when the landes of the dettours be delyuered vnto the merchaūte he shall haue season of all the landes that were in the hande of the dettour the day of the recognysaūce made in whose handes so euer that they com afterward eyther by feffement or otherwyse and after the dette payed the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours And if the dettour or his suretyes dye the merchaūt shall haue none authoryte to take the body of his heyre but he shall haue his landes as before is sayd if he be of age or when that he is of full age vntyl suche tyme as he hath leuyed of the landes the amountāce value of the dette And also anothe● seale shal be prouyded that shall serue for fayres and the same shal be sente vnto euery fayre vnder the kynges seale by a clerke sworne or by the kepar of the fayre And of the comynalte of London two merchauntes shall be chosen that shall swere and the seale shal be opened before them and the one pece shal be delyuered vnto the foresayde merchauntes the other shall remayne with the clerke And before them or one of the merchauntes if bothe can not attende the recognysaunces shal be takē as before is sayde and before that the recognysaunces be inrolled the payne of the statute shall be openly redde before the dettour so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe and to maynteyne the costes of the sayd clerke the kyng shal take of euery li. i. d. in euery towne where the seale is except fayres where he shal take .i. d. ob of the li. This ordynaūce and acte the kyng wyl leth to be obserued frōhēs forth throughout his realme of Englande Irelande amonges the whiche people they that wyll may make such recognysaunces excepte Iuys to whome this ordynaunce shall not extende and by this statute a wrytte of dette shall not be abated the chauncellour iustyces of eyther bench iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made but the execucyon of recognysaunces made before them shal not be done ī the fourme afore sayd but by the lawe and maner before vsed and otherwyse prouyded in other statutes Rex vic salutem Quia coram tali maiore vel custode talis ville vel coram custode sigilli nostri de mercatoribus in nundinis de tali loco et tali clerico nostro A. recognouit debere B. tantū quod soluisse debuit tali die et tali anno quod idem B. nondum soluit vt dicit Tibi precipimus quod corpus predict●… A. si laicus sit capias et ī prisona nostra saluo custodiri facias quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus Scire facias iustie nostris apud westmonasteriū per litteras tuas sigillatas et habeas ibi hoc breue Teste ▪ c. ¶ Here endyth the statute of merchauntes The statute of relygyous men WHereas of late it was prouyded that relygyous mē shulde not entre into other mens fees without specyall lycense of the chyef lordes of whome such fees be holden immedyatly And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them and somtyme receyuyng of the gyft of other men wherby the seruyces that are due of suche fees which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen And the chyef lordes do lese theyr eschetes of the same we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates ●ries barons other our subiectes beyng of our coūsell haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any lādes or tenemētes or vnder the colour of gyfte or lesse or that wyll receyue by reason of any other tytle what so euer it be landes or tenementes or by any other crafte or engyn wyll presume to appropre to hymselfe vnder payn of fortayture of the same wherby such landes or tenementes may any wyse come into mortmayne we haue prouyded also that if any persone relygyous or other do presume eyther by crafte or engyn to offend agaynst this statute it shal be leful to vs and other chyef lordes of the fee ymmedyate to entre in the lande so alyened within a yere from the tyme of the alyenacyon to holde it in fee and as inherytaūce And if the chyef lorde ymmediate be necglygent wyll not entre within the yere then it shal be lefull to the nexte chyef lorde immedyate of the fee to entre in the same lande within halfe a
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
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
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
that they be shall swere lykewyse that they shall not marye themselues without the kynges lycense And if they do theyr landes and tenementes shal be taken in lyke maner into the kynges hādes vntyl they haue satysfyed at the kynges wyll ¶ The .iiii. Chapitre ANd if one inheritaunce that is holden of the kynge in chyefe dyscende to many partyners then all the heyres shall do homage to the kyng and the same inherytaunce so holden of the kynge shal be deuyded among those heyres so that euery of them after that shal holde theyr parte of the kynge ¶ The .v. Chapiter IF a womā before the death of her auncetour that helde of the kynge in chyef be maryed before she be maryable then the kynge shall haue the warde of the bodye of the same woman vutyll she be of age able to cōsent and then she may chuse whyther she wyll haue hym to whome she was fyrst maryed or hym that the kynge wyl offer her None that holdeth of the kynge in chyef by knyghtes seruyce may alyene the more part of his landes so that the resydue therof be not suffycyent to do his seruyce excepte he haue the kynges lycense but this may not be vnderstanden of membres parcelles of such landes ¶ The .vi. Chapitre OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made ¶ The .vii. Chapitre OF churches beyng vacaunt the aduousons wherof belōg to the kyng and other present to the same wherupō debate aryseth betwene the kynge and other if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym so that he present within the space of syx monethes ¶ The .viii. Chapitre THe kynge shall haue warde of the landes of naturall foolys takyng the profyttes of them without waste or dystruccion and fynde to them theyr necessaryes of whose fee someuer that the landes be holden And after the death of suche idiotes he shall rendre it to the ryght heyres so that suche idiotes shall not alyene nor theyr heyres shal be dysheryted ¶ The .ix. Chapitre ALso the kyng shall prouyde when any that before tyme hath had his wytte and memorie happē to fay●e of his wytte as there are many per luc●da interualla .i. by euydent spaces that theyr landes tenementes shal be saufely kept without waste or distrucciō and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same and the resydue besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto thē when they come to ryght mynde So that suche landes and tenementes shall in no wyse be alyened And the king shal take nothyng to his owne vse and if the partye dye in suche estate then the residue shal be distrybute for his soule by aduyse of the ordinarye ¶ The .x. Chapiter ALso the kynge shall haue wrek of the see thorough out the realme whales great sturgeons taken in the see or els where within the realme excepte in certayne places pryuyleged by the kynge ¶ The .xi. Chapiter ALso the kynge shal haue escheates of the landes of Normans to whose fee someuer they belonge sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inherytaunce discendyth to any that is borne ●n the partyes beyonde the see whose ●●ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kynges of Fraunce and not of the kynges ●● Englande as late it happened by the baronye of Monmouth after the death of Iohan of Monmouth whose heyres were of Brytayne and other places Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men and gaue them to be holden of the chyef lordes of the fee by seruyces and customes due and accustomed therunto ¶ The .xii. Chapitre UUhen any that holdeth of the king in chyef dyeth and his heyre entryth into the lande that his anncetour helde of the kynge the day that he dyed before he hath done homage to the kyng and receyued season of the kyng he shal gayne no freholde therby and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym Wherupon it was agreyd that his wyfe shulde not be indowed because that her husbande had not his entre by the kyng but rather by intrusyon howe be it this statute doyth not meane of socage and other small tenures ¶ The .xiii. Chapitre ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenaūtes be attaynted for felonye in tyme of vacacyon whyles theyr temporaltes were in the kynges handes to gyue at his pleasure sauynge to suche prelates the seruyce that therto is due and accustomed ¶ The .xiiii. Chapitre UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyō in his dede or wrytynge of knyghtes fees aduouzons of churches and dowers when they fall belongyng to suche manors or landes then at this daye the kynge reserueth to hymsef such fees aduousons and dowers all be it that amonge other persones there shal be implyed no suche reseruacyon ¶ The .xv. Chapitre ALso the kyng shal haue the goodes of al felons attaynted or that run awaye where som euer they be founde And if they haue freholde then ●● shal be forthwith takē into the kynges handes And the kyng shall haue all profyt●es of the same by one yere and one daye the lande shal be wasted and dystroyed in the houses wodes gardeyns and in al maner of thynges belongynge to the same lande exceptyng men of certayn places priuyledged by the kynge therfore And after the kyng hath had the yere day● ● waste then the la●de shall be restored is the chyef lorde of the fame fee onles that he fyne before with the kyng for the yere the daye the waste Neuertheles it is vsed in the countie of Gloucestre by custome that after one yere one daye the landes and tenementes of felons shal reuerte be restored to the nexte heyre ●● whome it ought to haue descended if the felonye had not ben done And in Ken● in Gauelkynd The father to the bough the sonne to the plough There all heyres males shal dyuyde theyr inherytaūc● but women shall not make 〈…〉 with men And a woman after the death of her husband shal be indowed
an hole towne or a countre is deceyued by such craft and subtilitie Fyrst he that is conuyct shal be amerced and shall lese the thynge so bought that accordyng to the custome ordinaūce of the towne he that is conuycte the secounde tyme shall haue iudgement of the pyllorye At the thyrde tyme he shall be imprysoned ● raunsomed the fourth tyme he shall abiure the towne and this iudgement shal be gyuen vpon all maner of forstallours and lykewyse vpon them that haue gyuen them counsell helpe or fauour ¶ Finis ¶ The statute of pryses THis artycle concernynge pryses made by kyng Edwarde father to our soueraygne lorde the kyng that now is amonge other artycles made by hym in lyke maner for the amendemēt of his people at his parlyament at westmynster the .xxviii. yere of his reygne which artycle our soueraygne lorde the kynge wylleth for to be kept to the profytte of his people vpon the paynes conteyned in the same article For asmuch as there is a greate greuaunce in the realme and damages without measure for that that the offycers of the kynges housholde as wel alyens as denyzens make theyr pryses there where the passe through the realme and take the goodes of the people aswell spirituall as temporall without payng any thyng or much leser then the value It is ordeyned fromhensforthe that none shall make pryses for the kyng through the realme but the purueours for the kynges house for pryses that they shall make in the countre of meate or drynke and other necessarye thynges for the house they shal paye or agre with them of whom the thynges were taken and that all the kyngers takers purueyours shal haue fromhensforth theyr warrāte with them of the kynges great or pette seale conteynyng theyr power the kynges wherof he shall make pryses or purueance the whiche warrante they shall shewe to them of whome they do make theyr pryses before they do take any thyng And that such takers or purueyours for the kyng shall not take any more then is necessarie or nedeful for the kynge his housholde and his chyldren And that they take no thynge for suche as be in wages nor for no other that he shall aunswer fully in the warderobe of the house without makyng any other where larges or lya●●● of thynges takē for the kynge And if any purueyour for the kinges house by warrant hath made pryses otherwyse then is lymytted before vpon complaynie made to the stewarde and to the treasourer of the kynges house the truthe shal be inquered and if he be attaynted therof agrement shal be made to the playntyfe ymmediatly and he shal be put out of the kynges seruyce for euer shall remayne in pryson at the kynges pleasure And if any make pryses without warrant and doyth carray them away agaynste the wyll of hym to whome the goodes dyd belonge he shal be arrested forthewith by the towne where the pryse was made and carryed vnto the next gaole and if he be therof attaynted he shal be ponyshed as he shuld be for felonye if the value of the goodes do so requyre ¶ Finis ¶ An ordynaunce of purchasyng lybertes made the .xxvii. yere of kynge Edwarde .i. IT is to be vnderstanden that the kynge ordeyned at westmynster the fyrste day of Apryll the .xxvii. yere of his raygne that such as wolde purchase a newe parke Men of relygion that wold amortyse landes or tenementes shulde haue wryttesout of the kynges chauncery for to inquere vpon the poyntes accustomed of suche thynges and that ●● questes of landes or tenementes that be worth yerely more then .xx. li. that is to wyte by extente be retourned into the eschequer and there to make fyne for the amortizynges or for hauynge a parke if the inquestes do passe for hym that purchased them and afterward it shal be certefyed vnto the chauncellour or his depute that he take a resonable fyne therfore accordynge to the quantyte of the thynge and after to delyuer it In lyke maner they shall do that wyll purchase landes or tenemētes holden of the kyng in chyefe Also folke dwellynge beyonde the see that haue landes tenementes or rentes in Englande and wyll purchase lettres of proteccyon or wyl make generall attorneys they shal be sent vnto the eschequer and there shall make theyr fynes and fromthens shal be sent vnto the chauncellour or his deputye for that that he ought to do therin In lyke maner they shall do that wyll purchase any fayre markette warreyn or any other lyberte Also suche as wyll purchase attermynement of theyr dettes shal be sent into the eschequer Also suche as be not able to trauaylle and folke that dwell in ferre countyes which plede or be impleded shal haue a wrytte out of the chauncery to some sufficyent man that shal receyue the attorneys when nede is And for a remembraunce of these thynges there is an indenture made dyuided into thre partes wherof one parte remayneth in the chauncerye another in theschequer the thyrde in the garderobe ¶ Finis ¶ A statute of the Leap yere made the .xxi. yere of K. Henry .iii. THe kynge vnto his Iustyces of the benche greatynge Knoweye that where within our royalme of Englande it was doubted of the yere and daye that were wont to be assygned vnto syke persones beynge impleded when and front what day of the yere goyng before vnto another day of the yere folowing the yere and daye in a leap yere ought to be takē and rekened how longe it stode We therfore wyllynge that a conformyte be obserued in this behalf euery where within our realme and to auoyde all daungyer from such as be in plee Haue prouyded and by the counsell of our faythfull subiectes haue ordeyned that to esche we frō hensforthe all doubte ambiguyte that myght aryse hereupon the daye increasynge in the leap yere shal be accompted for ¶ A statute of the extente of a maner made the .iiii. yere of K. Edward the fyrst ⸫ FIrste it is to be inquered of castelles also of other buyldinges dyched about what the walles buyldynges tymbre stone leade and other maner of coueryng is worth And howe they may be solde accordyng to the very value of the same walles and buyldyng And for how much the buyldynges without the dyche maye be solde and what they be worthe with the gardeyns curtylages douehouses and all other issues of the courte by yere It is to be inquered also howe many feldes are of the demeanes and how many acres are in euery felde and what euery acre is worthe by the yere Also howe many acres of medowe are of the demeanes and howe muche euery acre by it self is worth by the yere to be let out Also howe many acres of pasture there be and for what beastes or catelles the same pasture is most necessarye and howe many it wyll fynde and of what maner and what the pasture of euery beast is worth to be
let out by the yere Also foren pasture that is comon how many and what beastes and catell the lorde may haue in the same howe much the pasture of euery beast is worth by the yere to let Also it is to be inquered of parkes demean woodes whiche the lord may assarte and improue at his pleasure and howe many acres they contayne and howe much the vesture of an acre is worth and howe much the lande is worth after the wood is fellyd howe many acres it conteyneth and howe muche euery acre is worth by yere Also it is to be inquered of foreyn woodes where other men haue comon and howe much the lord may improue to hymselfe of the same woodes howe many acres and for howe much the vesture of euery acre maye be solde and howe muche the grounde is worth yerely after that the woode is fellyd and howe many acres it cōtayneth what euery acre is worth by the yere Also it is to be inquered wether the lord may gyue or sell any thyng of the resydue of the foresayd woodes what suche geftes or sales are worth by the yere Also it is to be inquered of pawnage and herbage of the towne and all other profyttes of forestes woodes ryuers ¶ The newe statute of Quo warranto made the .xxx. yere of K. Ed .i. ⸫ THe yere of our Lord M. CC .lxxviii. the .vi. yere of the reygne of kynge Edwarde at Gloucestre in the moneth of August the kynge hymselfe prouydyng for the welthe of his realme and the more full mynistracyon of iustyce as to the offyce of a kyng belongyth the more dyscrete men of the realme aswell of hyghe as of low degre beyng called thyther It was prouyded and ordeyned that where the realme of Englande in dyuerse cases aswell vpon lybertes as otherwyse wherin the lawe fayled to auoyde the greuous damages and innumerable disherytes that the defaute of lawe dyd brynge in had nede of dyuerse helpes of new lawes certayne new prouisyons that these prouisyons statutes and ordynaunces vnderwryten shall fromhensforthe be straytly and inuiolably obserued of all the inhabitauntes of his realme where as prelates erles barōs and other of our realme that clayme to haue dyuerse lybertes whiche to examyne and iudge The kynge had prefyxed a day to such prelates erles barons and other It is prouyded agreyd and ordayned that the sayd prelates erles barons and other shal vse such maner of lybertes after the fourme of wryt here folowynge Rex vic̄ salutem Cum nuper in parliamento nostro apud westmonasterium per nos consilium nostrū prouisum sit proclamatum quam prelati comites barones al●● de regno nostro qui diuersas libertates per cartas progenitorum nostrorum regum Anglie habere clamant ad quas examinandas iudicandas diem prefixe●imus in eodē parliamēto libertatibus illis taliter vterentur quam nihil sibi per vsurpacionem seu occupacionem accrescerent nec aliquid super nos occuparent Tibi precipimus quam omnes illos de com̄ tuo libertatibus suis quibus hucusque rationabiliter vsi sunt vti gaudere permittas in forma predicta vsque ad proximum aduentum nostrū per comitatum predictum vel vsque ad proximum aduentum iustic̄ i●inerantiū ad omnia placita in comitatu vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus Teste c̄ In lyke maner in the same fourme And if percase they wyll challenge and saye that they are not bounden to aunswere in the origynall wrytte then if it may apere by any mean that they haue vsurped any lybertes vpon the kynge or his predecessours of theyr owne hed or presumpcion they shal be comaunded to aunswere incontynent without wrytte And moreouer they shall haue such iudgement as the courte of our soueraygne lorde the kyng wyll awarde And if they wyll saye further that theyr auncetours dyed seased therof they shal be hard and the truth shal be inquered incontynent accordyng to that iudgement shal be gyuen And if it appere that theyr auncetours dyed seased therof then the kynge shal haue a wrytte out of the chauncery in this fourme Rex vic̄ salutem Sum. perbonos summoni● talem quam sit coram nobis apud talem locum in proximo aduentu nostro in comitatu predicto vel coram iusticiarus nostris ad proximā assisam cum in partes illas venerint often ▪ surus quo warranto tenet visum francipleg in manerio suo de N. vel sic quo warranto tenet hundredum de S. in comitatu predicto vel quo warranto c●amat habere tholoneum pro se heredibus suis per totum regnum nostrum Et habeas ibi hoc breue Teste c̄ And if they come in at the same day they shal aunswere and if they do not come nor be essoyned before the kynge and the kyng do tarye lenger in the same shyre suche ordre shal be taken as is in the circuyte of iustyces And if the kyng depart from the same shyre they shal be aiourned vnto short dayes and shal haue reasonable delayes accordyng to the discreciō of the iustyces as it is vsed in personal acci●s Also the iustyces errāt in theyr circuyte shall do accordyng to the foresayd ordynaunce and accdrdyng as suche maner of plees ought to be ordered in the circuyte Concernyng complayntes made and to be made of the kynges baylly●es and of other it shal be done accordyng to the ordynaunce made before therupon and accordynge to the inquestes taken therupon heretofore and the clause subscribed shal be put in a wryt of comō somōs in the circuyte of the iustyces assygned to comō plees dyrected to the sheryf c̄ that shal be such Rex vic̄ salutē Precipimus tibi quam publice ꝓclamari facias quam omnes conquerentes seu conqueri volentes tam de ministris et aliis balliuis nostris quibuscunque quam de ministris et balliuis aliorum quorumcunque et aliis ventāt coram iusticiarus nostris ad primam assisam ad quascunque querimonias suas ibidem ostendendas and competentes emendas iude recipiendas secundum legem et consuetudinem regni nostri et iuxta ordinationem per nos iude factam et iuxta tenorem statutorum nostrorum et iuxta articulos eisdem iusticiarus nostris iude traditos prout predicti iusticiaru tibi scire faciant ex parte nostra Teste meipso c̄ decimo die Septembris Anno regni nostri trigesimo ¶ Finis ¶ An ordynaūce of inquestes made the .xxxiii. yere of kyng Edwarde the fyrste ⸫ OF inquestes to be taken before any of the iustyces wherin our soueraigne lorde the kyng is partye howe so euer it ●e It is agreyd and ordayned by the kyng and all his counsell that fromhensforth notwithstandyng it be alledged by them that sue for the kynge that the iurours
prouyded for them to haue recouery of theyr dettes at the daye of payment assygned And by reason hereof many merchauntes haue withdrawen to com into this royalme with theyr merchaundyses to the great damage aswell of the merchūtes as of the hole royalme The kynge hymselfe and his counsayll hath ordeyned establyshed that euery merchaunt which wylbe sure of his dette shal cause his dettour to come before the mayer of London or of yorke or of Brystow or before the mayer and a clerke whiche the kynge shal appoynte for the same for to knowlege the dette and the day of paymēt the recognysaunce shal be entryd into a roll with the hande of the sayde clerke which shal be knowen Moreouer the sayd clerke shal make with his owne hande a byll obligatorye wherunto the seale of the dettour shal be put with the kynges seale that shal be prouyded for the same purpose the whiche seale shall remayne in the kepyng of the mayer and clerk abouesayd And if the dettour doth not paye at the day of hym lymyted the creditor shal come before the sayd mayer and clerke with his byll obligatorye And if it be found by the rolle and by the byll that the dette was knowledged and that the daye of payment is expyred the mayer shall incontynent cause the mouables of the dettour to be solde as farre as the dette doth amounte at the preysyng of honeste men after the maner of borugh goodes deuysable vntyl the hole summe of the dette the money be fully payed to the creditour And if the mayer can fynde no byer he shal cause the mouables to be delyuered to the creditour at a reasonable pryce asmuche as doth amounte to the summe of the dette And the kynges seale shall be putte vnto the sale and delyueraunce of the goodes deuysable for a perpetuall wytnesse And if the dettour haue no mouables within the iurisdiccyon of the mayer wherupon the dette may be leuyed but peraduenture hath some otherwhere within the reyalme then shall the mayer retourne the recognysaunce made before hym and the clerke aforesayd vnto the chauncellour vnder the kynges seale And the chauncellour shall dyrecte a wrytte vnto the sheryfe in whose baylewyke that the mouables of the dettour hap to be and the sheryfe shall cause hym to agree with his creditor in such fourme as the mayer shulde haue done in case that the mouables of the dettour had ben within his power And let them that haue preysed the mouable goodes to be delyuered vnto the creditour take good hede that they doo sette a reasonable pryce vpon them for if they do sette an ouer hyghe pryce for fauour borne to the dettour to the damage of the creditor then shall the thynge so preysed be delyuered vnto themselfes at such pryce as they hauely mytted shal be forth with aunswerable vnto the creditour if the dettour wyll saye that the mouable goodes were delyuered or solde for lesse then they were worthe yet shall he haue small remedie therby for when the mayer or the sheryf haue solde the mouable goodes lawfully to hym that offered most he may accoūt it his owne foly that he dyd not sell his owne mouable goodes hymselfe before the day of the suyte when he myght well ynough so haue leuyed the money with his owne hendes And if the dettour haue no mouables wherupō the dette may be leuyed then shal his body be takē where it may be founden kepte in pryson vntyll that he hath made agrement or his frēdes for hym And if he haue not wher with he maye sustayne hymselfe in pryson the creditor shall fynde hym bread water to th ende that he dye not in pryson for defaute of sustenaunce the which costes the dettour shall recompence hym with his de●●e before that he be let out of pryson And if the creditour be a merchaunt straungyer he shall remayne at the costes of the dettour for so long tyme as he taryeth about the suyte of his det and vntyll the mouable goodes of the dettour be solde or delyuered vnto hym And if the creditour do not take the deltour alone for the suretye of his paymēt by reason wherof pledges or maynpernours be founden then those pledges or maynpernours shall come before the mayer and clerke abouesayd and shall bynde themselues by wrytynges and recognysauncec● in lyke maner as the pryn cypall dettour And in lyke maner if the dette be not payed at the daye lymytted such execucyon shal be awarded agaynst the pledges or maynpernours as before is appoynted for the dettour Prouyded neuerthelesse that so longe as the dette may be fully takē leuyed of the goodes mouable of the dettour in fourme aboue mencyoned the maynpernours or pledges shal be without damage notwithstandyng for defaute of mouable goodes of the dettour the creditour shall haue execucyon of his recognysaunce vpon the maynpernours or pledges in suche maner and fourme as before is lympted agaynst the pryucypall dettour ¶ Finis ¶ Artycles vpō the chartours made the .xxviii. yere of kynge Edwarde the fyrste ⸫ FOr-asmuche as the artycles of the greate chartour of the lybertes of Englande and of the chartour of forest the whiche kynge Henry father to our soueraygne lorde the kynge graunted to his people for the weale of his royalme haue not ben heretofore obserued ne kepte and all because there was no ponyshement executed vpon them whiche offendyd agaynste the poyntes of the chartours before mencyoned Our soueraygne raygne lorde the kynge hathe agayne graunted renewed and cōfermed them at the requestes of his prelates erles barons assembled in his parlyamēt holden at westmynster the xxviii yere of his reygne And hath ordeyned enacted establyshed certayne artycles agaynste al them that offende cōtrary to the poyntes of the sayd chartours or any parte of them or that in any wyse transgresse them in the fourme that ensuyth 1. Fyrst of all that fromhensforth the greate chartour of the lybertes of Englande graunted to all the comynalte of the royalme and the chartour of foreste in lyke maner graunted to be obserued kept and maynteyned in euery poynte in as ample wyse as the kynge hath graūted renewed and cōfermed them by his chartour And that the chartours be delyuered to euery sheryfe of Englande vnder the kynges seale so be red foure tymes in the yere before the people in the full conntie that is to wyte the next coūtie day after the feast of S. Myghell and the nexte countie day after the feaste of the circumcisyon and after Easter and after the feast of saynt Iohan Babtyste And for these two chartours to be fermely obserued in euery poynte and artycle where before no remedie was at the comon lawe there shal be chosen in euery shyre court by the cominaltie of the same shyre thre substancyall men knyghtes or other lawful wyse and wel dysposed persones to be iustyces whiche shal be assygned by the kynges lettres patentes vnder the greate
of wastes distrucciōs done by eschetours or subeschetours in the landes of wardes as of houses woodes parkes warrens of all other thynges that fall into the kynges handes The kyng wyll that he which hath sustayned damage shal haue a wrytte of waste out of the chauncery agaynst the eschetour for his acte the subeschetour for his act if he haue wherof if he haue not his mayster shal be aunswerable by lyke payn cōcernyng damages as is ordeyned by the statute for them that do wast in wardshyps 19. Frōhensforth where the eschetour or the sheryfe sease landes into the kynges handes where there is no cause of seyser And after whē it is founde no cause the profytes taken in the meane tyme haue ben styll reteyned and not restored when the kynge hath his oustre ie mayne The kynge wyll that if hereafter any landes be so scasyd after it be out of his handes by reason that he hath no cause to cease nor to holde it the issues shal be fully restored to hym to whome the lande shal remayne and which hath susteyned the damage 20. It is ordeyned that no goldesmyth of Englande nor none otherwhere with in the kynges dominyon shall not fromhensforth gylde nor cause to be gylded no maner of vessell iewell or any other thynge of golde or syluer except it be of the very best alaye that is to wyte golde of a certayne alaye and syluer of the sterlyng alaye or of better after the discrecyon of hym to whome the golde belongeth and that none gylde worse syluer then sterlyng And that he suffer no maner of vessell of golde or syluer to depart out of his handes vntyl it be assayed by the wardeyns of the crafte and further that it be marked with the lybardes hed And that they worke no worse golde thē of the towch of parys And that the wardeyns of the crafte shall go from shop to shop among the goldesmythes to assaye if theyr golde be of the same towche that is spokē of before And if they fynde any other then of the towche aforesayd the golde shal be forfayte to the kynge And that none shal make rynges crosses nor lockes And that none shall set any stone in golde except it be naturall And that grauers or cutters of stones of seales shall ▪ gyue to eche theyr wheyght of syluer as ferforth as they can vpon theyr fidelite And the iewelles of base golde whiche they haue in theyr handes they shall vtter as fast as they can And from hensforth if they bye any of the same worke they shall bye it for to worke vpō and not to sell agayne And that all the good townes of Englande where any goldesmythes be dwellyng shal be ordered accordynge to this estatute as they of London be And that one shall come from euery good towne for all the resydue that be dwellyng in the same vnto London for to be assertayned of theyr towche And if any goldsmyth be attaynted hereafter because that he hath done otherwyse then before is ordeyned he shal be ponyshed by imprysonment shal make fyne at the kynges pleasure And nothwithstandyng al these thynges before mēcioned or any poynte of thē both the kyng his coūsell all they that were present at the making of this ordinaūce wyll intende that the ryght prerogatyue of his crowne shal be saued to hym in all thynges ¶ Finis THe names and reygnes of al the kynges of Englande frō the tyme of kynge Edwarde the confessour sone to Etheldrede vnto our most excellent and victoryous prynce kyng Henry the eyght and howe long they reygned and where they be buryed ⸫ 1. EDwarde sone of Etheldrede reygned xxxiii yeres and .xxxix. wekes and is buryed and translated at westmynster 2. Harolde son of Goodwyne reygned xl wekes and two dayes and was slayne by wyllyam Conquetour 3. Wyllyam the conquerour duke of Normandy began his reygne the .xiiii. daye of Octobre the yere of grace M .lxvii. and was crowned the .xxv. daye of Decembre then nexte folowyng dyed the .ix. daye of Septembre and reygned x● yeres ●i monethes and .xxii. dayes and is buryed at Cane in Normandye in the same monastery wherof he was foundour som bokes say that wyllyam cōquerour dyed the xi day of Septēbre 4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of Septēbre the yere of grace M lxxxxvii and was crowned the .xxvii. day of Septembre next folowynge dyed the fyrste day of Auguste the yere of grace M. C. and so reygned .xxii. yeres .xi. monethes and .xvii. dayes and is buryed at wynchestre and this kynge made the great a●le at westmynster and perfourmed the buyldyng of the towre of Londō which Iulius Cesar began and the kynge of Scottes dyd homage vnto hym 5. Henry the fyrst of that name brother to Wyllyam Rufus began his reygne the fyrst day of August the yere of grace M. C. and was crowned the .v. daye of Auguste next folowyng and dyed the secounde daye of Decembre and reygned xxxv yeres .iiii. monethes and .xi. dayes And is buryed at Redynge And in the tyme of this kyng beganne the ordre of chanons and the ordre of templets 6. Stephen sone to Henry the fyrst began his reygne the secounde day of Decembre the yere of grace M. C .xxxv. And was crowned the .xxvi. daye of Decembre nexte folowynge And dyed the .xxv. daye of Octobre And reygned .xix. yeres .xi. monethes and .xix. dayes And is buryed at Feuersham 7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Ange●y began his reygne the .xxv. daye of Octobre the yere of grace M .liiii. And was crowned the .xx. daye of Iulye And reygned .xxxiiii. yeres .ix. monethes two dayes And is buryed at Fountuerard in Normandye And in the tyme of this kynge was founde the sem●les cote of our lorde And in the tyme of this kynge was slayne Thomas archebyshop of Canterbury 8. Rycharde the fyrste sone of Henry the secounde beganne his reygne the .v. daye of Iuly the yere of grace M. C. lxxxi● And was crowned the thyrde daye of Septembre nexte folowynge And dyed the .vi. day of Apryl And reygned .ix. yeres .ix. monethes and .xxii. dayes And is buryed at Fountuerarde in Normandye And in the tyme of ●his kynge the Iues were slayne and bannyshed out of Englande 9. Iohan brother to the sayd Rychard began his reygne the .vi. day of Apryll the yere of grace M. C .xcix. And was crowned the .xxvi. daye of Iuly nexte folowyng And dyed the .xix. daye of Octobre And reygned xvii yeres .vii. monethes And is buryed at worcestre And in the tyme of this kynge the royalme was interdyted And the cyte of London with a great multytude of men burned And in the tyme of this kyng began the ordres of freres minors carmelytes preachers that is to wyte grey whyte and blacke And the kynge of Scottes dyd homage vnto hym And this kynge