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A23086 The statutes prohemium Iohannis Rastell; Public General Acts. Abridgments England.; Rastell, John, d. 1536. 1527 (1527) STC 9518; ESTC S121365 220,393 548

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nor of the lād tyll that he hath takē his homag● And when he cōmyth to full age of .xxi. yere he shall haue his herytage without relef and without fyne magna carta ca. iii. ¶ The king shal not haue the warde of the heyre of lādys holdyn of any other by knyght seruyce by occasion of any tenur of vs by petyt serian tie magna carta ca. xxvii ¶ Euery lay man that is conuyct of the takyng away of a ward by strēgth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whā he cōmyth to full age he shal satysfie the lord as myche as he myght haue had for the maryage before that he receyue his landys marton tapi vi ¶ Theyrys shall be maryed without dyspergement magna carta ca. v. in fine ¶ yf the lorde marye the heyre where he is dysꝑgid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the ꝓfet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord frō his ward c. if the tenaūt enfeffe other by colucy on that shal not put the lorde frome his warde but the statute wyll that he shal not put out such feffes with out iugemēte shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age m̄lebryg ca. vi ¶ In a wryt yf ward of the def come not at the graūd dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thā he shal lose the poss●ssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ꝑ cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thā be maryed by theyr lordys where there is no disꝑgement than he shal hold the land tyl their age of .xxi. yere and aboue tyll that he hath reseyuyd the valew of the maryage westm i. ca. xxii ¶ yf the warden or chyeflord infeff any man of landys that is of the herytage of the chylde in his warde the heyre shall haue his recouere by assyse of nouell dysseysyn agaynst the warden the tenaunt and yf he recouer the seysyn shal be delyuered to the nexte frende to whom the herytage can not dissend to be answerable to the childe at his ful age the gardeyn shal lose durynge his lyfe the warde of the childe and all the remenauunte of the herytage and the warden that is ●ot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut b● takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resōmonyd at the sewt of the heyre yf it be the tytle of gyfte or sale than at the sewt of the excecutours and yf the defendaunte dye it shal be resōmonyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple b● of the ward of the land or the heyre or of both the resōmons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyuē within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act extēde not to any mā takyng any womā claymīg her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any lāde in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessiō c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defēdaūt shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon
ca ii●i ¶ The wardē in chyuallry shal sustein the howsys ꝑkes warens pondys myllys other thynges ꝑteynyng to the lande of the ysseus of thesame land shal yelde it to the heyre at his ful age storyd with cartꝭ and other thynges as he receyuyd it an● al this shal be obseruid of the kepers of archbysshoprykys byshoprykys abbays pryoris chyrches dyngnites being voyd which belōg to the kyng Sauynge that suche wardes may not be solde magna carta ca. v. and this statute is confyrmed w. i. ca. xxi ¶ The warden in socage shal do no waste ī the landes yf he do he shal yeld accompt to the heire at his full age merlbryg ca. xvii ¶ Fermers shall do no waste yf they do they shal yelde damage and be amercyed merlebryg ca. xxiii ¶ A man shal haue an accyon of waste agaynst the tenaunt by the law of england tenaunte for terme of lyfe or yerys or a Woman that holdyth in dower he that is attaynt of waste shal lose the thynge wastyd shal gyue treble damagys and of wast made in wardys it shal be done as it is cōteyned in magna carta also he shal lose to the heyre the damagys of the waste yf the losse of the warde be not suffycyent Glouc ca. v. ¶ Of waste done to any maner noysaunce frō hensforth there shal be no prohibicion but a sō●ons yf he come not than he shal be attachid and after that a dystres and yf he come not tha● a cōmaundement to the sheryf to go to the place to enquere of the wast and vpon that retorne to procede to iugement accordyng to the statute of Glouc. w. ii ca. xiiii ¶ Of tenauntꝭ that hold with oute dyuysion yf one do wast the other shal haue remedi by a writ of wast w. ii ca. xxii ¶ The heyr shal haue a wryt of wast as well of wast done in the tyme of his auncester as in his owne tyme of what age so euer he be or within warde or out of warde statutū de vasto .xx. E. i. tamen dicit quod non est statutum ¶ Of wast done by the eschetour in housis parkys and all other thynges which he hath in the kynges hādys he that fyndeth hymselfe greuyd shal haue a wryt of wast agaynste the eschetour or vnder eschetour and shall recouer such damagys as it was late ordeynyd of w●st done inwa●●dys articuli cleri ca xix ¶ Eschetours shall do no wast in parkis warē● nor other extorciōs to the damage of the heire 〈◊〉 the landꝭ beyng ī the kingꝭ hādꝭ xiiii E. iii. c.xi● ¶ Eschetours nor other wardeyn in tyme of vacacyon of the temparaltes shall do no waste no● dystruccyon to the hurte of the housys xiiii E iii. pro clero ca. iii. ¶ Eschetours shal kepe the lādꝭ seysyd in theyr handys by cause of warde withoute waste And that they shal haue no fee of wod veneson fyssh nor other thynge and the heyre shall haue his accyon of waste as well within age as of full age and shal recouer his treble damagys and the defendaunt shall haue .iii. yerys prysōment Also of other landys seysyd in the kynges handys by inquest of offyce this same ordynaunce shall holde place agaynste theschetours xxxvi E. iii● capitulum .xiii. ¶ A wryt of wast is mayntenable agaynste the fyrste lesse for terme of lyffe or yerys which haue lette ouer their estate yf they themselfe receyued the profettꝭ at the tyme of the wast xi h. vi ca. v ¶ yf a man make a feffement by dede or by fyne of landys holdyn by knightes seruyce or suffer ●ny recouere agaynste hym by truste and dye ●is heyre shall be inwarde c. And yf the warden make waste the heyre shal haue an accion of wast agaynste hym .iiii. h. vii ca. xvii wax chaundelers ¶ Euery parsō that worketh any wax shal take for the workyng of a .li. of wax candels images such like b●t iii.d except hersys vpō payn of forfetor of that that is put to sale or the valew therof And that the iustyce of pease mayrys baylyffꝭ stywardys of fraunches haue power to serche examyn it by the contrye by theyr dyscressyōs The .xi. H. vi ca. xii werys ¶ Loke for werys in the tytles hauins ryuers weyghtys mysurys ¶ One mysure of wyne shal be thorow oute all englonde and one mysure of ale And one misure of corne that is to sey the quater of lōdo● magna carta ca. xxiiii ¶ yt is ordeynyd that .iii. barly cornys drye an● round make an ynche and ●xii ynchys make a fote and .iii. fete make a yerd and fyfe yerdys and a half make a perch and .xl. perch in lenght .iiii. in brede maketh an acre of lande The ordynaunce of makynge yerdys and perchys ¶ The stādardys of the bussellꝭ galons yerdꝭ shal be sygnyd with the kynges seale in yryn dylygently and sauely kept vnder the payn of C. li and no mysure shall be made in the towne but it agre with the kingꝭ mysure and sygnyd with the cōmyn seale of the towne and examynyd by the mayre baylyffes And he that byeth or sellyth by mysure not sygny● shal be greuously amercyd And all the mysurys in euery twone shal be .ii. a yere serchid and seen he that is founde to bye by a greate mysure and to sell with the lesse shal be imprysonyd and greuously ponysshyd These stādardys of the busshell galon and yerde shal be in the kepyng of the mayre or baylyffꝭ .vi. men of the towne sworne before whom they shal be sygnyd Statut devlnis buss●llhys ¶ The englysshe peny which is callyd the sterlyng rounde and without clyppynge shall wey xxxii graynys of whete drye and in the my●dys of the ere and .xx. pens makyth an ounce and .xii ounces do make a posid viii.li make a galō of wyne .viii. galons of whete make a busshell of lōdō which is the .viii. part of a quarter The ordynauuce of makyng of money mysure ¶ The tresourer of ēglād shal make the stādard of busshels galons weyghtꝭ shall sēd thē ī to euery counte and there shal be .ii assygned to ponysshe them that sell by other mysurys whyche shall haue the fourth part of the fynys for theyr expens and none shal sel by busshel but yf it be markyd with the kynges seale .xiiii. E. iii. capitulo .xi. ¶ The cōmyssyon to asses mysurys weyghtꝭ is repellyd .xviii. E. iii. sta● ii ca. iiii ¶ The we●ghtes of wollys shal be acordynge to the standard of the eschekyr .xxv. E. iii sta de prodic ca. ix ¶ None sel by fals weyghtes nor mysurys vpō pa●ne of forfeytour to the kynge the valewe of the thyng solde and treble damage to the part● and the iustyce assygned haue power to enquere therof as well at the kynges sewt as at the sewt of the party therof to do
without grace Eod. anno Cap. x. ¶ That no ꝑson within the cyte of londō nor vii myles of the same occupi as phesiciō or surgyō except he be apꝓbath by the bysshop of lō●on or deane of powles callynge to hī .iiii. doctors of phesyk and for surgery other expert persons in that faculte vppō payne of forfetor for euery moneth v.li the one half therof to the kīge the other half to hym that wyll sew by accyon of det wherin nother wager of law nor proteccyon shall be alowed and that no person in any other place occupy as phesycyon or surgiō except he be approbate by the bysshop of the dyosyce or by his vycar generall callynge to hym syche expert persons therin as he shall thīke conuenient and geffinge letters testimonyall to hym that they shall so approue vppon lyke payn to be leuyd as is before sayd Prouyded that this act be not preiudiciall to oxford or camebryge or to any priuileges grauntid to them The .iii. h. viii cap. xi Playes and gamys ¶ Laborers and seruaūtys that vse dyse and other sych gamis shall haue imprisonment of .vi. dayes and the sheryff mayrys bailyffys and cōstables haue power to execute it frō tyme to tyme and if they do not the sheryffmayre or balyffis shall forfeyt to the kynge for euery defaut● xx s. and the constable vi● s. viii d and the iustyce of assyse haue power to inquyre of theyr defautis and to certyfy it in to the chauncery The xi● h. iiii cap. iiii ¶ Noo gouern●r of howse tenement or gardein suffer wyllyngly any person to occupy to plaie at the classh keyles halfe bowle handyn hād out or quekbourd vppon payn of imprisonment by .iii. yeris or to forfeyt to the kynge or to the lord of the fee that hath catall felon̄ fugit x. li the one halfe therof to the kynge or to the lorde before sayd and the other halfe to hym that wyll sew by acciō of det where proces of vtlary shall lye and the parte that playeth shall haue imprisonment of .ii. yeris and shall forfeyt x.li the one half to the kinge or lord and the other to hym that wyll sew therfore by accion of det c. The .xvii. E. iiii cap. iii. ¶ No apprentyce nor seruaunt of husbādry laborer nor seruaunt artyficer play at the tablis tēnyse dyse cardis bowlys nor at none other vnlawful game owt of the tyme of Crystmas but for mete and drynke and in cristmas to playe onely in the dwelling howse of his mayster or in the presence of his mayster and he that doth other wyse shal be put in the stockys openly by a hole day and that the howsold where such vnlawfull gamis be vsyd be presentyd before the iustice of p●ase and the mayre or sheryf in hys tyme or stywardis or lete and no lesse fine be set than .vi s. viii d and lyke proces shal be made agains hym as is in an enditemēt of trespas and the iustice of pease wherof one shall be of the quorum to reiecte and put a way all vnlawfull al● howses by their dyscressiō The .xi. h. vii ca. ii and the .xix. h. vii cap. xii Plees ¶ All plees in eueri court of england shall be pledid shewed defendyd ansew●●d debatid and iuggyd in the englys tonge and that they shal be en●erid and in rollyd in latyn The .xxxvi. Ed. ii cap. vltimo Pore men ¶ It is agreed that pore men that haue cause to sew by the discressyon of the chaūceller shal haue wryttes oryginall sub pena owt of the chauncery with out any thyng payng and a clerke assyned by the chaunceller to wryt such writtys and also he shall assygne counsell and attorneys to thē cetera And when such a wryt is retorned before the king in his bench the iustyce there shall assy●ne them counsell attorneys and other offycers necessarys that shall do all thynges for them requysyte without any thīge takinge et cetera And the same lawe shall be holden in all courtys of recorde The .xi. h. vii capitulo .xii. Poope ¶ He that payeth to the pope for the fyrst frutys more than is wont to be payd shall forfayte to the kynge all that euer he may forfayt The .vi. h. iiij Capitulo .i. Prechers ¶ No prechers shall prech without licence of the ordynary of the place except personis priuylegid and curatis withī theyr ꝑissh .ii. hē iiii Capitulo .xv. prerogatyf of the king ¶ we shall not haue the custody of any land which is holden of an other by reson of any land which is holden of vs in socage or petyt seriaūtye or fee ferme but that fee ferme which makyth knyghtis seruis Magna carta Capitulo vigesimo quarto ¶ yf the kingis tenaunt hold any land of hym in chief by knightis seruyce he shall haue the ward of that and of all the landis holden of hī and of other for what so euer seruice c. if he dye seysyd except the fee of the byshop of canterbury and the byshop of durham the kyngis prerogat regis Capitulo .i. ¶ Also he shall haue the mariage of the heyr if he hold of eschet in the kingis handis or he shall haue the mariage by reson of the keping hauing no respect to the furst fefement though he hold of an other cap. ii ¶ Also he shall haue the furst seysyn after the deth of them whych hold of hym in chy●f of all the landis of which they dyed seysyd of whō so euer they hild ca. iii. It semyth that he shall haue the furst seys● though they hold of hym but in socage ¶ Also he shall haue the furst of all the landis whych be holden of hī in chief and that is vnderstand of landys and fees whych by reson of knyghtes fee of serīantꝭ f● or by the law were wont to be ī the kynges handꝭ m̄lebrige ca. xx● ¶ Also he shall assinge to wydows of such tennātes theyr dowres though theyr heyrys be of full age and if such widows mary them self without lycence c. he shall seise all theyr land til they make fyne at his wyll ¶ Also women that hold of the kyng in chief of what age so euer she be shall swere that they shall not mary them self wythout licence c. if they do the landes shal be taken into the kingꝭ hādes vntyll they haue made satisfaccion at his plesure ca. iiii loke how this is put in vre ¶ Also if inheritaūce which is holden of the kyng in chief do discend to ꝑten̄s then all shall make homage and the inheritaunce shabe ꝑted among them so that eūy for theyr ꝑte shall hold of the kyng● ca. vj. ¶ Also i● a woman befor the deth of her auncestors which hild of the kīg ī chief before yeris mariable be maried thē the kīg shall haue the custody of the body of that womā vntill the age that she may consent and then that she
enditemētis be remouyd in to the kingis bench the iustyce of the same bench haue power to send agayn the same felons and murderers and theyr enditementis in to the counte wher the felony was don and to command the iustyce of the gayole deliuery and the iustyce of peas and ●ll other iustice and commissioners to procede and determin vppon̄ the same ꝑsonis in the same forme as though thei had neuer ben remouid .vi Henry .viii. Capitulo .viii Iustice of gaole deliuery ¶ The iustice of the bēchis assignid iustice of assise and gaole delyuere haue power to ponyssh thē whych ꝓcure the psoners to be come appellours to appell mē that be not gilti to the entēt to haue fines raūsōnis of the appellees shall ponyssh such defautis as well by byll at the suit of the parte as at the king is suyte .i. E. iii. Capitulo .vii. ¶ Iustyces of the gaole delyuer shall not be made agains the statute of quia fynes .ii. E. iii. Capitulo .ii. Loke for the statute of quia fines in the title of gaiole deliuery ¶ Iustice of gaole deliuery shall deliuer the gaoles of thē that be indited before the iustyce of peas and the iustice of peaa shall send to thē the inditementis and they shall ponyssh the shyryff and the gealour which haue let to mayimprise them that be not maymꝑnable and they that haue not reseynyd them that were endited appelled or found with the manure brought to them by the constables of the town .iiii. E .iii. Capitulo .x. ¶ No man shal be iustice of comyn dely●eraun●em his countre .viii. R. ii C. ii ¶ The mayris baylyffis of cytes and borows whych haue coroners of theyr own may delyuer the gealis of their fraunches wythout comission but yf a felon be endited in a foreyn co●te and takyn without the fraunches they may not haue conusans therof with out the kyngꝭ iustyce whych shal be assignid by a writ of gaole deliuery of the same counte but with them they may do it and for this loke the register ¶ The iustice of gaole deliuery shall procede vppon the inquisiciōs deliuerd by the coroners agains the murderer yf he be in the gaole or ellis the iustyce shall sēd the inquisiciōs in to the kingis bench .iii. h. vii cap. i. ¶ Iustice of gaole deliuery may reforme the panell as the iustice of peace may do loke before in the title iustice of assise .iii. h. vii cap. xii Knyghtꝭ ¶ Non shal be distreinyd to be knyght yf he haue not landis to the yerely valew of xx.li in fee or for terme of liffe but he that is within age or his land in suyte or in det to the king in theschekyr or his landis be in aūcion demesne or withī orders or hath landis in burgage or that is come lately to his landis or he that is very old or hath defaut in his membris or anysekenes vncurable c. or such lyke it shal be in the discression of the kyngis counsell Stat demilitibus● c. Laborers ¶ That no baylif of husbandry shal take for his yeres wagꝭ aboue .xxvi. s. viii d. and for his clothes .v. s. with mete and drynke nor chef hīde as carter or chefe shepard aboue .xx. s. and for his cloth .v. s. with mete and drinke nor commyn seruaunt of husbandry aboue .xvi. s. viii d. and for his clothe .iiii. s. with mete and drynke no woman seruaunt aboue .x. s. and for her cloth .iiii. s. with mete and drynke no chyld within xiiii yers aboue .vi. s viii d and for his clothes iiii s. with mete and drynk Also a fre mason master carpenter rough mason bryck leyer master tyler plūmer glaysyer keruer ioynet shal take but iiii.d a day mete drinke fro ester to michel mas fro mychelmas to ester iii.d mete drynk Alfo a maister shypwryght frō Candelmas to mychelmas shall take but v.d with mete drink an hewer iiii.d an able clyncher iii.d an holder ii d. a maister calker iiii.d and other meane calk●s .iii. a calker lobourynge by the tyde .iiii. pens But euery one of these sayd artyfycers may take ii.d more by the day yf they fynde them selfe mete and drynke Also from mychelmas to candelmas the master shipwright mai take but iiii.d the hewer iii.d the clyncher .ii. ob the holde● i.d ob the maister calker iii.d and other meane calkers ii.d ob Also the maister mason or maister carpenter takynge charge of the worke hauynge .vi. men vnder hym may take v. pens mete and drynke and vii.d without it Also in suche countres as is vsed to gyue lesse wages the sayd artyfycers shall be compelled to take as it is there vsed this acte not withstandynge And that euery artificer nat retayned shal be compelled to serue euery man and that none suche reteyned departe from his maister tyl his work be fynysshed as long as he wyll gyue hī his wagis vpō pain of a monethes īprisonm̄t to make fyn̄ of .xx. s. except he go to the kīgꝭ workꝭ And that all other labourers to take frō ester to mychelmas excepte haruest ii.d a day with mete drynke iiii.d without fro my chelmas to ester i.d ob with mete and drinke and iii.d without mete and drynke And in haruest euery mower to take iiii.d with mete and drynke a repar carter iii.d a woman labourer and other labourers ii.d. ob the said mower repar carter and womā labourer may take ii.d a day more if they fynde them selfe mete and drynke and that euery artificer and labourer workynge but halfe a day take but halfe a day nothynge for the haly day and if any baylyf of husbādry hynde carter shepard comen seruaunt woman seruaūt or chyld seruaūt beforesaid not reteyned in worke refuse to serue then he to be committed to warde by the constable or other heed offycer tyll he haue founde suerte to serue according to this acte and if any artificer or labourer refuse to serue after the rate of his estate or take more wages than is here lymytted or take wages for the hole day where he serueth but the halfe daye he to forfeyte for euery suche defaut .xx. s● and they to be cōuicted before the iustyce of peas in the cessiōs or other place of the shyre by examinacion or otherwyse and the sayd .xx. s. to be leued of their goodes or landes Also the sayde artificers and labourers to be at worke bytwene the myddes of the moneth of Marche and the myddes of Septembre before .v. of the clocke in the mornynge and to haue but halfe an hour● for his breke faste ● and an houre for his dyner and halfe an houre for his slepe or nonemete ● and not to departe from his workes from the myddes of Marche and Septembre tyll bytwene .vii. and .viii. of the cloke in the euenynge and yf they kepe not theyr hours to be abated of theyr wages after the
age shall haue an accyon agayns the woman of the dysseysyn of his auncestour and the woman shal haue here ryght westm̄ ii capitulo .iiii Mortemayn ¶ yt shal be lawful to none to sel nor to gyue lāde to any house of relygion and yf any suche gyfte or sale be made it is voyde and the land is forfeyte to the ch●fe lorde magna carta ca. xxxvi ¶ No regilious presume to receyue or to appropre to hym by crafte or ingyne or bye by the coloure of gyfte terme or other tytle any landes or tenementes whiche by any meanes shulde be mortemayn and yf they do it shall be lawfull to the lorde immedyate within a yere after to enter and to holde the same lande in fee and yf the lorde entre not within the yere than it shall be lawfull to the nexte lorde aboue within halfe a yere after to entre et cetera And so euery lorde shall haue his halfe yere yf all the lordꝭ be negligent and be of ful age and within the realme and out of prison Then the kynge shal sease the landes in to his handes and shall infesse other therof yeldyng to hī certein seruyce for the defence of the realme sauyng to the lordes wardꝭ r●leues eschetꝭ other seruyce sta de religiosis ¶ yf any relygyous or spyrytuall ꝑsons impled any that maketh defaut wh●rby the land shuld be lost yet it shal be inquired by the contrey yf the demaūdāt haue ryght or no if he haue thē iugement shal be gyuen for hym and yf he haue no ryght then the land shal be forf●yt to the next lord of the fee yf he aske it within the yere yf not then the next lord aboue if he aske it withī halfe a yere and so euery lord to haue his halfe yere tyll it come to the kynge euery one of the chefe lordꝭ or any other for the kyng may chalēge the i●rry and the land shal remayne after the iugement be clere in the kinges handes tyll the tenement by the demaundant or sōme chef lord be disprouyd ● and the sheryffes shal be charged to answere to the escheker of the issues westm̄ ii Capitulo .xxxiii. ¶ yf relygyous purchace landes with lycence of the kyng and haue his ad ꝙ dampnū though he entre by dew processe yet he shal be put to hys resonable fyne The .xxvii. E. iii. capitu iii. ¶ In all casis where any be in feffyd or in possessyon other wyse of any landes tenementis auousons fees or other possessions to the vse of men of relygyon or other spirituall persones to the intent to mortise them wherof sych persons take the profettis it shal be done of them as of landis alyenid agaynst the statute of religiosis and the same law shall be of such possession purchesyd to the vse of gyldis or broderhodys mayres baylyffes and commyns of any town which haue commynalte perpetuall or of other that haue offyce perpetuall and they that make chyrcheyardis or sepultur̄ perycholl without the kyngis lycence though they haue lycence of the pope yet they shall fall in to the same payne The .xv. R. ii capitu v. Multiplicacion ¶ Nō shall vse to multiplye gold or syluer nor vse the crafft of multiplicacion and yf he be attaynt therof to renne in to the pain of felonie v. h. v. Capitulo .iiii. Murage ¶ Cytezens and burgeys to whō the kyng o● his fader hath graūtyd murage for the inclosing of theyr to wyns for that murage take other wyse than is to them grauntid that they shall lose that grace for euer and shal be in the kyngis mercy w. i. cap. xxxiiii Murder Murder shall not be iuggid wher ther is only b●t mi●fortune mar●ebre Capitulo xxv And the kyng therof shall gyff hi● pardon Ne imustue vexes ¶ Non shal be distreinid to do more seruyce of a knigh●is ●ee nor no oth●r fr●e hold thā is dew therof Magna carta capitulo .x. Nisi prius ¶ A nisi prius is gy●f●n in assise adiornid vppō a foreyn pl●e and also in plees of trespas and in a plee of l●nd ●ft●r the discression of the iustice of the one bench or of the other and before one iustice and a knyght yf both partes ask it cetera and the iugement shal be giffyn in the bench cetera and the wryt is expressyd in the statute and the day of the nisi prius is put ī certeyn in the wryt w. ii Cap. xxx ¶ Inquisicions and recognisans shal be takyn before one iustyce of eythyr benche ●n the tyme of vacacion wyth a knyght of the same counte wher cetera Stat de finibus ¶ Nisi prius of land which nedyth no grete examinacion shal be takin in the countrey before .ii. Iustyce or one iustices and a sade man so ther be a c●rteyn day gyffyn in the bench and a certeyn day in the contrey and the iuggement shal be gyffyn in the bench and yf the iustyce come not in to the contrey the partes and they off the inquest shall kepe theyr days in in the bench Stat. Eborum ¶ Nisi prius shal be grauntyd in ple of land as well at the prayer of the tenanut as of the demaundant .ii. E. iii. Cap. xvi ¶ Nisi prius shal be in attaint v. E. iii. ca. vii ¶ Uppon an issu tried in the kyngis bench yf nō of that bench may come ● the nisi prius shal be than grauntid before the iustice of the commin place and econuerso c. and if non of them may come than before the chef baron yf he be lernyd in the law or before the iustice of assise so that alwey one of them shal be a iustice or seriaunt at the law sworn and that they may record nonsuetis and defautis according to the statute of york c. and that the tenure of the record shal be del●ueryd to eyther parte if it be askyd so that ther be no fraude to them nor to the iurrye .xiiii. E. iii. cap. xv ¶ No enquest but assise and deliueraunce of gealys be takyn by nisi prius nor in other maner at the sewt of non before that the namis of all them that shall pass in the enqnest be retornyd xlij E. iii cap xi ¶ A man shall pay for the commissions of nisi prius in the eschekyr .ii. s. for the writ of record .ii. s. v. R. ii Cap. xvi ¶ Nisi prius shal be grauntid at the praer of the iurrours of any of them at the graundistress● retornyd and that as well at the eschekyr as ellis where .vii. R. ii Cap. vii ¶ Iustice of nisi prius in all casis of felony treason haue power to gyff iugement incontinent as well wh●re they be acquite as attaynte and to ward execucion by and by .xiiii. hen vi Capitulo primo Northūberlād ¶ No shyryff of northumberland make colleccion of hedepens vppon payn of C. li.
the see or beyonde the see holdynge of the kynge or of any other by knyghtes seruyce dye there or yf any feffement be supposyd to be made by collucyon his heyre beyng within age that the feffes or executours of suche parson so dysseysyd shall haue the warde and maryage o● the heyre and of the landys durynge the no nage to the ꝑformaunce of the wyll of hym so desces●syd without any accompt yeldynge payenge th● rent to the cheflorde of the feesauing to euery o●ther ꝑson such ryght vse as they had befor th● feffemēt alienacyō or recouer ꝓuydyd y● this a●●te extend not to the souldiars of Cales hammy● gysnes Ryse bank berwyk walys the marches of the same .iiii. h. viii c. iiii Thesame stat ꝓmis is made for al thē that were reteinyd in the kynges wagꝭ in his warrꝭ the .xv. yere of king h. the .viii ¶ Loke more of wardꝭ ī the tytle felony .iiii h. vii ca. ii walys ¶ The lordꝭ of the marches of walys shal be ꝑpetually ītendīg ānexid to the crown of englōde not to the prīcypalyte of walꝭ .xxviii. E. iii ca● ii ¶ yf any mē of the march of walys be arestid in walꝭ or theyr goodꝭ takyn brought thyder thei shal haue letters testimonialꝭ of the gouernours of the town wher they dwell to the gouernours town where such wrōg is don for to deliuer thē within .viii. daies And yf thei be not delyueryd thā they shal arest and withold as many of thē and of theyr goodes tyll grement be made .ii. H. iiii ca. xvi ¶ The lordes of walys and they re mynysters shal do excecuciō of mē attaīt of felony ī ēgland which dwel in walys vpō a certyfycacyō of the kīges iustice vpō a greuous payn .ii. H. iiij c.xvii ¶ Englyssmen shall not be conuict by welchmē in any accion in walys but by englysshmē of the next vesnew and men of good fame wasters and rymours and mynstrelles in walys shall haue no cōmortha in walys nor that the englysshe burgeys that wede welsshe women shall not haue fredome withe englysshe burgeys .iiii. H. iiii ca. xxv ¶ welsshmen shal bere no armour in marchaunt townꝭ vpō payn of forfeytour .iiii. h. iiii c.xxviii ¶ Uytels and armour shall not be brought in to walys vpon payn of forfeytour And the constable that espyeth it shall haue the .vi. parte .iiii. H iiii ca. xxix ¶ welchmen shall purches no landys in the townys adioynynge to the marchis of walys vppon payne of forfeytour to the lordys of the fee nor they shal not be burgeys nor cityzēs nor bere no offyce nor of the cōmyn counsell of any cyte or borowe .ii. h. iiii ca. xii ¶ welchmen shall not purchas no landys in englōde nor in boroughs nor townꝭ of the marchis of walys vpon payne of forfeytour to the lordꝭ of the fee suche estate as they haue purchasyd nor shall not be accept to be burgeys nor to no lyberte within the reame nor in the seyd boroughs and townes .ii. h. iiii ca. xx ¶ welchmen shall haue no castellꝭ nor forfelettꝭ except lordis and bysshopꝭ for theyr proper bodyes iiij h. iiii ca. xxx ¶ An Englysshman which doth wede a welch woman shal not be put in offyce in walys nor in the marchys of the same .iiij. h. iiii ca. xxxiii ¶ Felons in walꝭ shal not delyuered by dysclaymer nor letters of march .ix. h. iiii ca iiii ¶ Where rebellem were slayn in walys and theyr heyrꝭ and fryndys take englyssmen welchmen of the kyngꝭ legaunce and put them in pson tyll they haue made fyne or be acquyt by assache aft the custome of walys y● is by enquest of CCC men it is ordeynyd that the parte so greuyd shal recouer his treble damage and the defen●aunt shall haue prysōment of two yerys and shall make fyne and raunson i. h. v ca vi ¶ Iustyce of pease shall determyn treasonꝭ and felonyes done by men of walys in englond And yf they be vtlawed shall certyfye that to the offycers and lordꝭ of walys wher they dwel to do execucyon vpon them there .ii. h. v. statut● ii ca. v. ¶ The sheryffꝭ bayliffꝭ or constables all other of the counte of hereforde may arest men of walys and of the marchys that be vtlawyd or indyted of felony or treason or to leuey hue and crye and euery man shall helpe them vpon payn s. of euery knyght C. s. esquyer .xl s. and all other .xx. s. and iustyce of pease shall inquyre therof .xxiii. H. vi ca. v. ¶ All grauntꝭ of markettꝭ feyrys and lybertees within the townes of no●thwalys made to any welchmā is voyd And that all villaynꝭ in north walys shal be compellyd to do theyr auncion seruyce not withstandynge any graunt made to the contrary .xxvi. h. vi ca. i. waranty ¶ yf a man alyen haue landꝭ or tenemētꝭ that he hath by the law of englonde his son shal not be barryd by the dede of his fader with a warantie by to recouer of the seysī of his moder by a writ of mordaūcester but yf herytage descend to him by his fader than he shall be barryd for so myche valew And in the same maner the heyre shal haue recouere by a wryt of cosynage ayle or be sayle and in lyke maner the heire shal not be barryd by his faders dede to demaūd the heritage of his moder by writ of entre which his fader alyeuyd wherof no fyne is leueyd in the kynges courte Gloucester ca. iii. ¶ wher the tenaunte and the vouche be at issue vpon the warantie as the tenaūt sholde lose the landys demanudyde yf the waranter may adnull the warauntye so the waranter shal lose yf he denye the warantye and be cōuyct And yf they two be at issue the playntyff may sew out the venire fac w. ii ca. vi ¶ whē a man alienith his wyffꝭ ryght the sewt of the woman or of her heyre shall not be deferryd after the deth of her husbād by the noneage of the heyre which shold warant it but the bier shall abyde to haue his warantye vntyll the age of the waranter w. ii ca. xl ¶ In dedys where these wordis dadi cōcessi be conteynyd to hold of the dolour his heiris by certayn seruyce dolour his heyrys be boūde to warantye and where it is to holde of the chyef lordes c. the feffour hym self is bound to warantye by reason of his owne gyft not hys heyre sta de bigamis ¶ Loke more for warantye in the tytle london waste ¶ The warden in chyualry shall take but resonable issues seruyce of hym that is in his ward sauyng distruccyon and yf the cōmytte of the kyng make destrucyō the kyng shall take of hym amendes and the landes shall be cōmyttyd to other And yf the donee of the kynge or the vendee make waste he shall lose the warde it shal be cōmyttyd to another magna carta
golde smyth melt no halfp ny nor farthynge of syluer vpon payn of forfeytour .xi. Hen. iiii Cap. v. ¶ He that byeth or bryngeth in to the realme the halfpens called foskins and dodkyns shal be ponysshed as a felō and he that taketh or payeth suche money shal lose C. s. wherof the kyng shall haue the one halfe he that wyl sew the other halfe that the iustice of peas maire baylyf stewardꝭ of letis shal īquyre c. the said maires baylyffes stewardes shall sende theyr presētment before the iustice of peas and they shal make proses of vtlary and the sayd matters here determyn The .iiii. Henry .v. sta ꝑse ¶ Money shal be made at yorke or elles where and thes chaūge also by the discreciō of the kynges counselours for the tyme beyng .i h. vi ca. i. ¶ None cary money out of the realme without the kingꝭ lycence to no where but to caleis vpō pain of forfetour except wagis for souldeours yet they shall haue lycence of the king m̄chaūtis straūgers shal find suerte for their felawship in the chauncery that they cary none out vt supra vppon the same payne The .ii. h. vi ca. vi ¶ Elākes be voyded out of the realme nor thei shall not be take in paiment vpon the same payn that is rehe●sed of galy halfpens .ii. h. v. ca. ix ¶ The maister of the mynt shal receiue of eueri one that bryngeth syluer to the mint after the value vpō pain of doble damage to the ꝑte that the coūtroller and the assaier of the mynt be present whiche be cōnig in the craft .ii. h. vi ca xii ¶ That none bye nor sel no syluer in plate nor pese nor masse beyng of as good alay as the sterlyng aboue .xxx. s. the .li of troy aboue the faciō vppō payn of forfeifour the double value of as myche so bought or sold against this ordinaūce that the one halfe be forfait to the king is vse the other half to his vse that wyl sewe therfore ꝓue the forfeitor ꝓuided alway that thei that goo to the coynage mai haue take of the maisters of the same coyn after that as is laufully cōteyned in the indentures bytwene the kyng and the maister therof made and also the maister o● the sayd mynt for the time beynge may take and delyuer as it is conteyned in the said indenturis without more takynge for the case and profyte of the commyn people The .ii. Henry vi Capitulo .xiii. ¶ The wardens and mynysters of the mynte shall reseyue plate of golde and syluer by weyght and in the same maner delyuer it and not by number The xxv Ed. iii. statuto de prodic Ca●pitulo .xx. ¶ All maner of gold of the coyne of a souereyn half souereyn ryal half ryal the .iiii ꝑte of a ryal the angell halfe angell beinge hole of weyght shal be currant in this realme for the sum thei were coyned for and also all grotꝭ coined in this realme or in other lādꝭ now currant for iiii.d and al halfe grotes coyned in this realme or in other landis now currant for ii.d not clypped minysshed nor other wise impaired and all pens of the kyngꝭ coyne beyng siluer shal be currant in this realme excepte pens hauynge dyuers spor●es or the mullet betwyxte the barres of the crosse the whiche shal be currante but for halpens onely that the mayre or chefe officers of eueri towne or place to inprison or to ponysshe such by their dyscrecyon that refuse any suche money in any payment and they to be compelled to take it and that all such grotes half grotes and pens of ii.d clypped mynysshed or other wyse impeyred except reasonable weryng shall not be currant but to be forsaken in paiment but thei may bring thē to the mynt and to be chaunged after the custom of the mint for auoydynge of clyppynge here aft the kyng hath ordeined new coynes that euery grote peny shal haue a cercle about the vtt border that al maner of gold hereafter coyned shall haue the hole scrypture aboute euery pece therof that the wardē coūtrollers of the kyngꝭ mynt shal serche se it be so made ꝑfite before it passe from the mynt vppon payn of forfeitour of their office to make fyne at the kyngꝭ pleasure that no ꝑsō cary any bully on plate or coyne of gold or syluer in to yrlond aboue the sōme of vi s. viii d nor cōuey it into any ship or bote nor brynge any coyne of gold or syluer of the coyne of yrlond in to this land aboue the some of .iii. s iii. d vppon payn of forfeitour therof to haue īprisonment to make fyne at the kynges plesure and that euery man that can sease any suche yrisshe money abou● the some of .iii. s. iiii d and bryn●e it to the kynges mynt shall haue the va●e of the one halfe therof delyuered to hym a● the sayd tyme by the mayster of the sayd mynt The .xix. Hen. vii ca. v. ¶ Loke more for money in the tytle of eschaūg of fynours of gold syluer or goldsmythes ¶ They that coyne at any mynt within this realme shall make of euery C. li. of golde as many halfe angelles as a mount to the value of xx.ii and of euery C. li. of syluer plate or bullyon grotes to the value of l.li and half grotes to the value of xx.li pens to the value of xx.li halfpens to the value of .x. marke and farthyns to the value of .v. marke whiche farthynges shall haue vppon the one syde the print of the porcolyce vppon the oth●r syde a rose with a crosse and yf any do the contrary the mayster of the mynte shall forfeite x.li the halfe therof to the kynge the other to hym that wyll sewe wher● wager of lawe esson and proteccyon shall be put out ¶ They that resorte to the mynt wyth bullyon or plate vnder the value aforesayd shal receyue the .x. parte therof in halfepens prouyded that this acte be not preiudicial to the mynt maisters of yorke Caunterbury and durram .xv. H. viii Capitulo .xii. Mordauncestre ¶ The recognisans of assise of mordauncestre shal be alway taken in their countes magna carta Capitulo .xii. ¶ yf the gardeyn holde the lande aboue the full age of the heyre the heire shall haue assise of mordauncestre agayns hym and recouer his damages from the tyme he was of full age merlebre Capitulo .xvi ¶ yf a man dye and haue many heyres wherof one is a sone or doughter brother or syster neuewe or nece and the other be of a more lenger d●gre than these foresayd heyres they shal haue a wryte of mordauncestre Glouc. ca. vi ¶ yf a woman recouer her dower agayns the gardeyn and he confessithe the accyon or losyth by defaut or pledeth a faynt ple by the which he recouereth the heyre when he cometh to ful