for the ryght of prelates men of relygion and other to whome landes nor tenementes can no wyse dyscende after others death whyther they be dyssesyes or dyssesours And if the partyes in pledyng come to the inquest and it passeth agaynste the heyre within age and namely agaynste the heyre of the dyssesye then â— such case he shal haue an attaynte of the kynges specyall grace ¶ The .xlvii. Chapitre IF a wardeyn or chyef lorde infeffe any man of lande that is thynherytaunce of a chylde within age and in his warde to the dysherytaunce of the heyre It is prouyded that the heyre shal forth with recouer by assyse of nouel dysseson agaynst his kepar and agaynst the tenant and the seson shal be delyuered by the iustyces if it be recouered to the next frende of the heyre to whome the inherytaunce can not dyscende for to improue to the vse of the heyre and to aunswere for the issues vnto the heyre when he shal come to full age and the kepar for his lyfe shall lese the custodye of the thynge recouered and all the inherytaunce that he holdeth by reason of the heyre and if another wardeyn then the chyef lord do it he shall lese the wardshyp of all to gyther and be greuously ponyshed by the kyng And if the enfauÌ„t be caryed away or dystourbed by the wardeyn or by the feffee or by other by reason wherof he can not sue his assyse then maye one of his next frendes that wyll sue for hym which shal be therto admytted ¶ The .xlviii. Chapitre IN a wrytte of dower called vnde nihil habet the wrytte shall not abate by the excepcion of the tenaunt because she hath receyued her dower of another man before the wrytte purchased onles that he can shew that she hath receyued parte of her dower of hymselfe and in the same towne before the wrytte purchased And for asmuch as the kyng hath ordeyned these thynges to the honour of god and holy church and for the remedy of suche as be greued he wolde not that any other tyme it shulde turne in preiudyce of hymself or of his crown but that such ryghtes as appertayne to hym shulde be saued in all poyntes And for asmuche as it is great charite to doo ryght vnto all men at all tymes when nede shal be by the assent of all the prelates it was prouyded that assyses of nouell dysseson mortdauncetour and darreyn presentment shulde be taken in aduente septuagesme and lente euen aswell as a man maye take inquestes and that at the specyall request of the kynge made to the byshops ¶ Here endyth the fyrst statute of westmynster ¶ The statute of Gloucestre made the .vii. yere of kyng Edwarde the fyrste ⸫ FOr the great myschyefes damages and dysherytauÌ„ces that the people of this our realme of Englande haue heretofore suffered through defaute of the law that fayled in dyuerse cases within our sayd realme Our soueraygne lorde the kyng for the amendemeÌ„t of the realme for the releuyng of the people and to eschewe suche myschyefes damages and dysherytaunces hath prouyded and establyshed these actes vnderwrytten wyllyng and commauÌ„dyng that fromhensforthe they be fyrmely obserued within this realme ¶ The fyrste Chapiter UUher as heretofore damages wee not awarded in assyses of nouell dysseson but onely agaynst the dyssesors It is prouyded that if the dyssesours do alyene the landes and haue not wherof there may be damages leuyed that they to whose handes such tenementes shall come shal be charged with the damages so that euery one of them shal be charged with the damages for his tyme. It is prouyded also that the dyssesye shall recouer damages in a wrytte of entre grounded vpon dysseson agaynste hym that is founde tenaunt after the dyssesour It is prouyded also that where before this tyme damages were not awarded in a plee of mortdauncetour but in case where laÌ„des wer recouered agaynst chyef lordes that fromhensforth damages shal be awarded in all cases where a man recouereth by assyse of mortdaunce tour as before is sayd in assyse of nouell dysseson and lykewyse damages shal be recouered in wryttes of cosynage ayel besayell and where as before tyme damages were not taxed but to the value of the issues of the lande It is prouyded that the demaundant shall recouer agaynst the tenaunt his costes from the day of his wrytte purchased with the damages aboue sayde And this acte shall holde place in all cases where the party is to recouer damages And fromhensforth the partye shal be compelled to pay damages where the lande is recouered agaynst hym for his owne intrusyon or other vnlawfull acte ¶ The .ii. Cha. IF a chyloe within age be holdeÌ„ froÌ„ his inherytaunce afte the deathe of his father graundfather or great graundfather wherby he is dryuen to his wrytte and his aduersarye comyng into the court and for his aunswere alledgyth fesfemeÌ„t or pledyth some other thynge wherby the iustyces awarde an inquest wheras before the inqueste was deâ—erred vnto the full age of thynfant nowe the inquest shall passe aswell as if he were of full age ¶ The .iii. Chapitre IT is establyshed also that if a man alyene any land that he holdeth by the lawe of Englande his sonne shall not be barred by the dede of his father from whome no herytage to hym dyscended to demaunde and recouer by wrytte of mort dauncetour of the season of his mother although it be meÌ„cyoned in the dede that his father dyd bynde hym and his heyres to warrauÌ„tye And if the inheritauÌ„ce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritauÌ„ce to hym dyscended And if in such case after the death of his father the inherytaunce dyscende to hym by the same father then shall the heyre recouer agaynst hym of the season of his mother by a iudycyal wrytte that shall issue out of the rolles of the iustyces before whom the plee was pleded to resomon his warrauntye as before hath be done in lyke cases where the heyre of the warrauntour cometh into the court sayeng that naught dysceÌ„ded from hym vpon whose dede he is vouched And in lyke maner the issue of the sonne shall recouer by wrytte of cosynage ayell and besayell Lykewyse and in lyke maner the heyre of the wyfe shall not be barred after the death of his father and his mother for to demaunde by accyon the inherytaunce of his mother by wrytte of entre which his father dyd alyene in the tyme of his mother wherof no fyne is leuyed in the kynges court ¶ The .iiii. Chapitre ALso if à man let his lande to ferme or to fynde estouers in meate or in clothe amountyng to the very value of the .iiii. parte of the lande and he that holdeth the lande so charged lettys it lye freshe so that the partye can fynde no dystres there by the space of .ii. or .iii. yeres to compell the fermour to payment
benche that shall dyrecte a wryt vnto the mayer and sheryfes that if the tenaunte haue loste his lande that they shall cause the lande to be extended and valued shall retourne the extent at a certayne day in â—o the benche after it shal be commaunded vnto the sheryf of the shyre where the warrauntye was somoned that he shall cause the partye warranted to haue as moche of the lande of the warrantour in value as he lost ¶ The .xiii. Chapiter IT is prouyded also that after such tyme as a plee is moued in the cyte of London by wrytte the tenaunt shall haue no power to make any waste or estrypament of the lande beynge in demaund hangyng the ple if he do the mayer and sheryfes shall cause it to be kept at the sute of the demaundant And the same ordynaunce and statute shal be obserued in other cytâ—es boroughes euery where through out the realme ¶ The .xiiii. Chapitre THe kynge of his specyall grace graunteth vnto the cytezyns of LoÌ„don that where as before tymes they that were dyssesed of theyr freholde in the same cyte coude not recouer theyr damages before the comyng of the iustyces to the towre that from hensforth the dyssesyes shall haue damages by the same assyse wherby they recouered theyr landes And the dissesours shal be amerced by barons of the eschequer whiche shall resorte ones a yere into the cyte to do it And it shal be commaunded to the baroÌ„s and to the treasourer of theschequer that they shall cause it euery yere to be leuyed by two of them and the amercymentes by the somons of the eschequer to be leuyed to the kynges vse delyuered vp in the eschequer ¶ The .xv. Chapiter IT is prouyded also that mayers and bayllyffes before the comynge of the baroÌ„s shall inquere of wynes sold agaynste the assyse and shall presente it before them at theyr comyng and then to amerce the partyes where before tymes they taryed vnto the comynge of the iustyces errauntes youen at Gloucestre the .iiii. day of Octobre the .vi. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ Here endeth the statute of Gloucestre ¶ Exposycyons vpon the statute of Gloucestre AFterwarde by the kynge our soueraygne lorde and his iustyces certayn expo sycyons were made vpon som of the artycles about mencyoned and as to the fyrst artycle that for entrees by dysseson damages shall runne from the tyme of the statute publyshed lykewyse of wryttes of entre vpon dysseson of damages in all wryttes of mortdauncetour cosynage ayel and besayel of intrusyon by a mans owne acte by any maner of wrytte â–ª damagê shall â—uÌ„ne after the wrytte purchased agaynst that helde by statute all be it that theyr auncetours dyed seased therof Of inquerye to be made touchyng such as be within age the statute shall runne without lymytacyon of tyme of the alyenacyon of landes holden by the lawe of Englande the statute shall runne for suche landes beyng alyened after the tyme of the statute publyshed In lyke maner the statute shall extende and runne vpon the landes of a wyfe alyened by her husbande where as no fyne was leuyed and also vpon landes beyng let in fee ferme vpon condycyon to paye therfore yerely the fourth parte of the very value therof the statute shall runne and extend aswell vn to landes that were lessed before the makynge of the statute as after so that the tenauÌ„t hath witholdeÌ„ then by the space of two yeres more that he shulde haue payed vnto his lessour verely acordyng vnto the fourme of his couenaunt And as to the ponyshement of waste it shal be vnderstanden in all cases except it be of dowers and wardshyp of such wastes as were made syns the publyshyng of the statute And as concernyng them which do alyene theyr dowers it shal be alway vnderstanden after the publyshynge of the statute Gyuen at Gloucestre the sondaye nexte after the feaste of sayncte Peter ad vincula the .vi. yere of the reigne of kynge Edwarde the fyrst ¶ Here endyth the exposycyons vpoÌ„ the statute of Gloucestre ¶ The secounde statute of west mynster made the .xiii. yere of kynge Edwarde the fyrste WHere as of late our soueraygne lorde the kynge in the quynzieme of sayncte Iohan Baptyste the .vi. yere of his â—eygne callyng to gyther the prelates erles barous and his councell at Gloucestre and coÌ„syderyng that many of this realme were dysheryted by reason that in many cases where remedye shuld haue ben had there was none prouyded by hym nor his predecessours ordeyned certayne statutes necessarye and profytable for his people wherby the people of England and Irelande beyng subiectes vnto his power haue obtayned more spedye iustyce in theyr oppressyons then they had before and certayn cases wherin the lawe fayled dyd remayne vndetermyned som remayned to be inacted that were for the reformacyon of the oppressyoÌ„s of his people our soueraygne lorde the kyng in his parlyamente after the feaste of Easter holden the .xiii. yere of his reygne at westmynster caused many oppressions of the people cases where the lawe fayled for the accomplyshment of the sayd statutes of Gloucestre to be rehersed and therupon dyd prouyde certayne actes as it shall appere more playnly here folowynge FIrste concernyng landes that many ¶ The. I. Chapitre tymes are gyuen vpon condycyon that is where a man gyueth his lande to another and his wyfe to the heyres begotteÌ„ of the bodyes of that same man and wyfe with suche condicion expressed if that the maÌ„ and his wyfe dye without heyres of theyr bodyes betwen them begotten the lande so gyuen shuld reuerte to the gyuer or his heyre In case also where landes be gyuen in fre mariage which gyft hath a coÌ„dicyon auuered though it be not expressed in the dede as thus That if the same husbande wyfe dye without heyre of theyr bodies begotten the lande so gyue shall reuerte to the gyuer or his heyre In case also where a man gyueth lande to another and to the heyres of his bodye issuyng it semed very harde yet semeth to the gyuers and theyr heyres that theyr wylbeyng expressed in the gyft was not nor yet is not obserued In all the cases afore sayd after issue borne begotten betwene them to whom the landes were gyueÌ„ vnder such condicyon heretofore suche feffees had power to make alyenacyon of the lande so gyuen and to dysheryte theyr issue contrary to the myndes of the gyuers and contrary to the fourme expressed in the dede And further where the issue faylyng the lande so gyuen ought to retourne to the gyuer or his heyre by fourme of the gyfte expressed in the dede though the issue if any were by the dede and feffement of them to whome the landes were gyuen vnder suche condycyon were barred of theyr reuercyon whiche was dyrectely repugnauÌ„t to the fourme of the gyfte wherfore our soueraygne lorde the kynge consyderyng how necessarye
ryght of his wyfe â–ª it was very harde that the wyfe after the death of her husband had none other recouerye but by a wrytte of ryght wherfore our soueraygne lord the kynge hath ordeyned that a woman after the death of her husbande shall recouer by a wryt of entre wherto she coude not dysagre duryng his lyfe which shal be pleded in fourme vnderwryten if the tenant do except agaynst the demaunde of the wyfe that he entred by iudgemeÌ„t And it be founde that his entre was by defaute â–ª wherto the tenaunt myght be bound to aunswere if it were demauÌ„ded of hym â–ª then he shal be coÌ„pelled to make further aunswer and to shewe his ryghâ— accordynge to the fourme of the wrytte that he purchased before agaynste the husbande and the wyfe And if he can be ryfye that he hath or had ryght in the lande demaunded the woman shall gayne nothyng by her wrytte And if he can not shewe the woman shall recouer the lande beyng in demauÌ„de this beyng always obserued that if the husband absented hymselfe and wolde not defende his wyfes ryght or otherwyse iÌ„ his lyfe wolde not auÌ„swere if the wyfe dyd com in before iudgement redy to aunswere the demaundant to defende her ryght the wyf shal be admytted Lykewyse if tenant in dower tenant by the law of the lande or otherwyse for terme of lyfe or by gyfte wheruppon a reuercyon is reserued do make defaute or wyll surrendre theyr estate the heyres or they to whome the reuercyon belongeth shal be admytted to theyr aunswere if they com in before iudgemeÌ„t And if vpoÌ„ such defaute or surrendre iudgement hap to be gyueÌ„ then the heyres or they to whoÌ„ the reuercyon belongeth after the deathe of such tenauntes shall recouer by a wrytte of entre in whiche wrytte of entre lyke processe shal be obserued as is aforesayd in case where the husbande lesyth his wyues lande by defaute And so in the cases aforesayde two accyons do concure one betwen the demaundant and tenant and an other betwen the tenaunt shewynge his ryght and the demaundant ¶ The .iiii. Chapiter IN case when a man beynge impleded for lande gyueth vp the lande demaunded vnto his aduersarye by collusyon after the deathe of the husbande the iustyces shall awarde the wyfe her dower if she demauÌ„de it by a wrytte but in case when a man â—â—syth by defaute the lande beyng in demaunde if the wyfe after the death of her husbande demaunde to be indowed and it is founde that by som iustyces dower was awarded to the demaundant notwithstandynge the defaute whiche her husbande made before the other iustyces beyng of the contrary opinion and awardyng the contrary to the entente that from hens for the suche doutes or ambyguytes shall be taken away and put in certayn It is prouyded that in bothe cases the woman demaundyng her dower shal be herde and if it be alledged agaynst hyr that her husbande loste the lande wherof the dower is demaunded by iudgement wherby she ought not to haue dower And if it be inquyred by what iudgemeÌ„t it be found that it was by defaute wherunto the tenant muste aunswere then it behouyth hym to aunswere further and to shewe that he had ryght and hathe in the fore sayd lande accordynge to the fourme of the wrytte that the tenaunt before purchased agaynst the husbande and if he can proue that that the husband of such wyfe had no ryght in the landes nor none other but he the tenaunt shall go quyte and the wyfe shal recouer naught of her dower which thyng if he can not shewe the wyfe shall recouer her dower And so in these cases in certayne other folowyng that is to say when the wyfe beynge indowed lesyth her dower by defaute and tenantes in fre maryage by the lawe of Englande or for terme of lyfe or in fee taylle dyuerse accyons do concurre for suche tenantes when they demauÌ„de the lande loste by defaute and when it is come to that poynte that the tenant muste be compelled to shewe his ryght in asmuche as the lawe wyll not compell them to make aunswere with them to whom the reuercyou belongeth and therfore they are suffered to voucheor call to warrauntye accordyng to the tenour of the wrytte as if they were tenauntes and if they haue a warrantye when the warrantour hath warranted the plee shall passe betwene hym that is sesyd and the warrantour accordyng to the tenour of the wrytte that the tenant purchased before and by which he recouered by defaute so from many accyoÌ„s at length they shall resorte to one iudgement whiche is this that eyther the demauÌ„dantes shall recouer theyr demauÌ„de or that the tenantes shall go quyte And if the accyon of suche a tenant whiche is compelled to shewe his ryght be moued by a wrytte of ryght though that the great assyse or batayll can not be ioyned by the wordes accustomed neuertheles it may be ioyned by wordes conuenyent and vsed for when the tenant in that that he shewyth his ryght which agreyth with the wrytte that he before purchased is in stede of a demaundaunt the warrantour maye well defende the ryght of the tenant which cometh in place of the demaundant as before is sayd and to alledge the season of his auncetour and to defende it by the body of a fremaÌ„ or puâ— hymselfe in the great assyse and pray recognysaunce therof whyther he hathe more ryght to the lande beynge in demaunde or els the partye before named or it maye be ioyned otherwyse by the great assyse and so the warrâ—â—our may defende the ryght and knowledge the season of his auncetour and putte hymselfe in the great assyse c. and pray recognysaunce to be made whyther he hath more ryght in the foresayd land as in that wherof he infeffed such a man or that suche a one relessyd and quyte clay med c. or els the foresayd partye c. And where sometymes it chauÌ„cyth that a wyfe whiche is not indowed of the lande of an heyre beynge within age doythe purchase a wrytte of dower agaynst the keparâ— the kepar indowyth the wyfe by fauour or makyth defaute or defendyth suche maner of fayned plee by collusyon wherby the wyfe is a warded her dower in preiudyce of the heyre It is prouyded also and enacted that when the heyre comyth to full age he shall haue an accyon to demaunde the season of his auÌ„ccTour agaynst the wyfe lyke as he shuld haue agaynst any other deforceour prouyded alwayes that that the wyfe shall haue excepcyon agaynste the demaundant to shewe that she had ryght â—o her dower which if she caÌ„shew she shal go quyte and retayne her dower and the heyre shal be greuously amerced accordyng to the dyscrecyon of the iustyces but if the heyre doo recouer his demaunde c. lykewyse the wyfe shal be ayded if the heyre or any other doo implede her for her dower or if she
sheryf shal be comaunded that in propre person he shal take with hym .xii. c. and shal go to the place wasted and shal inquere of the waste done shall retourne an inqueste and after the inqueste retourned they shal passe to iudgemÌ„t lyke as it is contayned in the statute made at Gloucestre ¶ The .xv. Chapitre IN all cases where as suche as be within age maye be impleded it is ordeyned that if such be â—loygned so that they can not sue personally theyr nexte frendes shal be admytted to sue for them ¶ The .xvi. Chapiter IN case where any land descendyth to one beynge within age of the fathers syde that helde of one lorde and of the mothers syde that helde of another lord there hath ben hytherto great dout for the maryage of such heyre to which of the two lordes it shulde belonge It is agreyd that the same lorde shall from â–ª heÌ„sforth haue the maryage whose auncetour was fyrste infeffed not hauynge respecte to the gendre nor to the quantyte of the lande but onely to the more auncyente feffement by knyghtes seruyce ¶ The .xvii. Chapitre IN the circuyte of the iustyces an essoyne de malo lecâ—â— shall not be fromhensforth allowed for laÌ„des in the same shyre oneles he that caused hymselfe to be essoyned be syke in dede for if the demaundant except that the tenant is not syke nor in such plyte but that he may come before the iustyces his challenge shal be admytted And if it can be so proued by inqueste the essoyne shal be tourned to a defaute And froÌ„hensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente ¶ The .xviii. Chapiter UUhere dette is recouered or knowledged in the kynges court or damages awarded it shal be froÌ„hensforthe in the eleccyoÌ„ of hym that suyth for such dette or damages to haue a wrytte of Fieri facias vnto the sheryf for to leuye the dette vpon the landes and goodes of the dettour or that the sheryf shall delyuer to hym all the landes and goodes of the dettor sauyng onely his oxen beastes for his ploughe and the one halfe of his lande vntyll the dette be leuyed or vpon a reasnable pryce extended And if he be putte out of the lande he shall recouer by a wrytte of nouell dysseson â–ª and after that by a wrytte of redysseson if nede be ¶ The .xix. Chapitre UUhere as after the deathe of a persone dyeng intestate whiche also was bonden to some other for dette the goodes come to the handes of the ordynarye for to be dysposed fromhensforth the ordynarye shal be bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende lyke as the executours shulde haue ben boundeÌ„ if the partye had made testameÌ„t ¶ The .xx. cha UUhere as the iustyces in a plee of mortdauncetour haue vsed to admytte the aunswere of the tenant that the playntyfe is not nexte heyre of the same auncetor by whose death he demasideth the lande is redy to inquyre the same by assyse it is agreyd that in wryttes of cosynage ayel and besayel which be of lyke nature his aunswere shal be admytted and inquered and accordynge to the same inquerye the iudgemeÌ„t shall passe ¶ The .xxi. Chapiter UUheras in a statute made at Gloucestre it is contayned that if any lesse his land to another to paye the value of the .iiii. part of the lande or more the lessor or his heyre after that the payment hathe ceassed by two yeres shall haue an accyon to demauÌ„de the lande so lessed in demean In lyke maner it is agreyd that if any witholde froÌ„ his lorde his due accustomed seruyce by the space of two yeres the lord shal haue an accyoÌ„ to demauÌ„de the lande in demean by such a wrytte Prec A. quam iuste c. reddat B. tale tenÌ„ quod A. de eo tenuit per tale seruiciuÌ„ et quam ad precttÌ„ B. reuerti debet eo quam pÌ„dictê° A. in facienduÌ„ predictuÌ„ seruiciuÌ„ per bienniuÌ„ cessauit vt dicit And not only in this case but also wheras any mencyon is made of the sayd statute of Gloutestre wryttes of entre shall be made to the heyre of the demaundaÌ„t agaynst the heyre of the tenant agaynste them to WhoÌ„ such land is alyened ¶ The .xxii. UUheras two or mo do hold wood turfelande or fysheponde in commune wherin none knoweth his seueral and some of them do waste agaynst the myndes of the other they shall haue accyon by a wrytte of waste And when it is passed vnto the iudgement the defendaunt shall chuse eyther to take his parte in a â–ª place certayne by assygnemeÌ„t of the sheryf and by the viewe and othe of his neyghbours sworne and tryed for the same intent or els he shal be content to take nothyng fromtheÌ„sforth but as his felowes wyll if he do chuse to take his parte in a place certayne the place wasted shal be assygned for his part after as it was before the waste made And there is suche a wrytte in this case that is to say Cum A. et B. teneant boscum pro indiuiso B. fecit vastum c. ¶ The .xxiii. Chapitre Executors fromhensforth shall haue a wrytte of accounte and lyke accyon and processe in the same wrytte as theyr testatour had and shuld haue if he had lyued ¶ The .xxiiii. Chapiter IN cases wheras a wrytte is grauÌ„ted out of the chauÌ„cery for the dede of any man the playntyfes fromhensforthe shall not passe from the kynges court without remedy because the lande is alyened from one to another And in the regystre of the chauncery there is no specyal wrytte founde in this case as of a house a walle a mercatt a wrytte is graunted agaynst hym that leuyed it to the nusaunce And if the house walle or suche lyke be alyened to another the wrytte shal not be denyed but fromhensforth where in one case a wrytte is grauÌ„ted in lyke case wheÌ„ lyke remedy fayleth as is before the wrytte shal be made Questus est nobis A. quod B. iniuste c. leâ—auit domum murum mercatum et alia que sunt ad nocumentum liberi tenementi sui And if the thynges leuyed be alyened froÌ„ one to another the wryt shal be thus Questus est nobis A. quod B. et C. leuauerunt c. In lyke maner is a persone of a church may recouer comon of pasture by a wrytte of nouel dysseson lykewyse fromhensforth his successour shall haue a Quod permittat against the dyssesour of his heyre though a lyke wrytte were neuer graunted out of the chauncery before In lyke maner as a wrytte is grauÌ„ted to trye whyther lande be the fre almes of such a church orels lay fee froÌ„hensforth a lyke wrytte shal be gyueÌ„ to trye whyther it be the fre almes of this churche or of another churche if it be alyened to the possession of another
any do clayme commune of pasture by specyall feffement or graunte for a certayne noumbre of beastes or otherwyse that is due by the comen lawe where as couenaunte barreth the lawe he shall haue suche recouere as ought to be had by fourme of the grauÌ„te made vnto hym by occasyon of a mylle wyndmyll berkarye deyerye inlargyng of a courte or curtylage fromhensforth no man shal be greued by assyse of nouell dysseson for commune of pasture And where sometyme it chaunceth that one hauyng ryght to approwe doyth leuye a dyke or an hedge and somtyme by nyght or at another season that they suppose not to be espyed do ouerthrowe the hedge or dyke and it can not be knoweÌ„ by verdytte of the assyse or iurye who dyd ouerthrowe the hedge or dyke And men of the townes nere wyl not indyte such as be gylte therof the townes nere and adioynyng shal be dystrayned to leuye the hedge or dyke at theyr owne custe and to yelde damages And where one hauyng no ryght to commune vsurpyth coÌ„mune what tyme the heyre is within age or what tyme a woman is couert or the pasture be in the handes of tenantes in dower by the curtesye or otherwyse for terme of lyfe or yeres or in fee tayle and the pasture be longe vsed many holde opynion that such pastures ought to be called appurtenant vnto frehold and that the owner ought to haue accyon by a wrytâ—e of nouel dysseson if he be deforced of such pasture but fromhensforth this ordre shal be kept that such as haue entred within the tyme that an assyse of mortdauncetour lyeth if they had no coÌ„mune before a wryt of nouel disseson shal not lye for them if they be deforced ¶ The .xlvii. Chap. IT is prouyded that the waters of Humbre Owse Trente Done Arte Derewent Wherf Nydryore Swale Tese Tyn Eden and all other waters wherin salmons be taken shal be defended for takyng salmoÌ„s from the natyuyte of our lady vnto sayncte Martynes daye And lykewyse that yonge salmons shall not be taken nor dystroyed by nettes nor by other engyns at myllpolys from the myddes of Aprell vnto the natyuyte of sayncte Iohan Baptyste and in places where as freshe waters be there shal be assygned ouerscars of this statute which beyng sworne shal oftentymes see and inquere of the offendours for the fyrste trespas they shall be ponyshed by burnyng of theyr nettes And for the secounde they shall haue imprysonment for a quarter of a yere And for the thyrd trespas they shal be imprysoned an hole yere and as the trespas increasyth so shall the ponyshement ¶ The .xlviii. Chapitre FOr vyewe of lande it is ordeyned and prouyded that fromhensforth vyewe shall not be graunted but in case where the vyewe is necessarye as if one lese lande by defaute and the lesar moueth a wrytte to demaunde the same lande and in case where one by an excepcyon dylatorye abateth a wrytte after the vyewe as by nontenure or the mysnamyng of the towne or such lyke if he purchase another wrytte in that case froÌ„ hensforth the vyewe shall not be graunted if he had vyewe in the fyrst wryttes In a wryt of dower where the demauÌ„de is of lande that the husbande alyened to the tenant or his auncetour where the tenant ought to take knowledge what lande the husbande dyd alyene to hym or his auncetour though the husbande dyed not seasyd yet froÌ„hensforth vyewe shall not be graunted In a wrytte of entre also where the demaundant mys â–ª named the entre if he purchase another wrytte of another entre if the tenant in the fyrste wrytte had vyewe he shall not haue it in the secounde In wryttes also where landes be demaunded by reason of a lesse made by the demaundaÌ„t or his auncetour vnto the tenant and not his auncetour as that he lessyd to hym beyng within age not hole of mynde beyng in pryson and such lyke vyewe shall not be graunted hereafter but if the demyse were made to his auncetour the vyewe shall lye as it hath done before THe chauncellour treasourer iustyces nor none of the kynges counsel no The. xlix â—apitre clerke of the chauncery nor of the eschequer nor of any iustyce or other offycer nor none of the kynges house preste nor lay man shall take any churche nor aduowson of a churche lande nor tenement by gyfte sale nor to ferme ne for partakynge nor otherwyse so longe as any thynge is in plee before vs or before any of our offycers nor shall take no rewarde therof he that doyth coÌ„trary to this acte other hymself or by another though he make no stryfe shall be ponyshed at the kynges pleasure aswel he that purchaseth as he that wyth All the sayd statutes shall take effecte at the feast of saynct Myghel next coming so that by occasyon of any offences done on thys syde the sayd feaste contrary to any of these estatutes no ponyshement mencyoned within these estatutes shal be executed vpon the offenders Moreouer coÌ„cernyng the statutes prouyded where the law fayled for remedies lest sutors comyng to the kynges court shold depart froÌ„ thens without remedye they shall haue wryttes prouyded in theyr cases but they shall not be pleded vntyll the feaste of saynct Myghell aforesayd ¶ Here begynneth the statute of westÌ„ thyrd made the .xviii. yere of Ed. the .i. FOr asmuche as purchasers of landes and tenementes of the fees of great men and other lordes haue many tymes in tymes passed entred into theyr fees to the preiudyce of the lordes wher upon the freholders of suche great men haue solde theyr landes to such purchasers in fee to be holden of the feffours not of the chyef lordes of the see wherby the chyef lordes haue many tymes lost theyr escheates maryages wardshyps of landes and tenemeÌ„tes beyng of theyr fees whiche thynge semyth very harde extreme vnto suche lordes and moreouer in this case manyfest disherytaunce Our soueraygne lorde the kyng in his parlyament at westmynster after Easter the .xviii. yere of his raygne that is to wyte in the quynzyeme of S. JohaÌ„ Bap. at the instaunce of the great men of the realme hath prouyded and ordeyned that froÌ„hensforth it shal be lefull to euery free man to sell at his owne pleasure his landes tenementes or parte of them so that the feffee do holde the same lande or tenemeÌ„t of the chyef lorde of the fee by such seeuyces and customes as his feffour helde before ¶ The .ii. Chap. ANd if he sell any parte of such landes or tenemeÌ„tes to any the feffee shall immedyatly holde it of the chyef lorde and shal be forthwith charged with the seruyces as moch as pertayneth or ought to pertayne to the sayd chyef lord for the same parcell accordynge to the quantyte of the lande or tenemeÌ„t so sold And so in this case the lord shall take the same parte of the seruyce by the handes of the feffee
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 vsedâ— 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 froÌ„hensforth 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 â–ª and desyreth to be receyued before his receyte he shall fynde suffycient suretye â–ª as the courte wyll awarde to satysfyâ— the demaundaÌ„t of the value of the issueâ— 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 demauÌ„dant 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 afâ—â—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 demauÌ„dant 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 warrauÌ„ â–ª tyse the lande frely vnto the tenauÌ„t such aucrremeÌ„t 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 strauÌ„gyers 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 amercymeÌ„t 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 seruauÌ„t procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batayâ—lâ—s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demauÌ„dantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demauÌ„dant 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 couÌ„sell 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 reÌ„lesse 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 â–ª 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
shal be made at the fyrst daye that the partyes appere in court if the tenaÌ„t do alledge the foresayd excepcioÌ„ of a ioynte feffemeÌ„t the demaÌ„daunt wyll offer to auerre by the cuntre shal the daye of the wrytte purchased he that alledged the excepcyon was sole tenaunt then the same maner of processe shal be obserued betwyxt the partyes vntyl a iurye haue passed betwen theÌ„ ther â–ª upon if it be founden by the iurye that the same excepcyon was truely alledged then the wrytte of the demaundaÌ„t shall abate if it be founden by the iurye that the same excepcion was falsely malycyously alledged to the hynderaunce of the partye then the demandaÌ„t shall recouer his seson of the landes in demauÌ„de the tenant shal be ponyshed by the payne abouesayd in a wrytte of nouell dysseson â—s to the imprysonmeÌ„t as to the damages accordyng to the discrecioÌ„ of the iusâ—yces And we wyl grauÌ„t that this staâ—ute shal take his effect the morow after the feast of S. Petre ad vincula next commyng for asmuch also as plees in courte spirituall and vnreasonable delayes many tymes in so much as our wrytte that is called was many tymes brought before the iuges of such matters wheÌ„ they were begonne And therupon our chyefe iustyces coude not procede lawfully nor in due maner to awarde a wrytte of consultacion vpon suche maner of processe It is agreyd that such a wrytte of indycauit shall not be graunted fromhensforth to any man before the matter hangynge in the spirituall courte betwene the partyes be recorded that our chauÌ„cellour shal be certefyed therupon vpon the syght and inspeccyon of a lybell In wytnesse of which thynge we haue caused these our lettres to be patent I myselfe beynge wytnesse at westmynster Gyuen the .xxvii. daye of the moneth of Maye The .xxxiiii. yere of our reygne Finis ¶ A statute of dayes generall in a wryt of dower made the .li. yere of H .iii. IF the wrytte do come in octauis Mychaelis daye shal be gyuen vntyll crastino ammarum If it come in quindena Mychaelis daye shal be gyuen vntyll the crastino Martini Iâ— in mense Michaelis then in quindena Martini If in crastino ammaruÌ„ then in octauis Hillarii If in crastino Martini then in quindena Hillarii If in octauis Martini then in crastino purificationis If in quindena Martini then in octauis purificationis If in octauis Hillarii then in quindena Pasche If in quindena Hillarii then in tribus septimanis Pasche If in crastino purificationis then in mense Pasche If in octauis purificationis then in crastino Ascensionis If in quindena Pasche then in octauis Trinitatis If in tribus septimanis Pasche then in quindena Trinitatis If in mense Pasche then in crastino IoaÌ„nis Babtist If in quinque septimanis Pasche then in octauis Iohannis If in crastino Ascensionis then in quindena Iohannis If in octauis Trinitatis then in octauis Michaelis If in quindena Trinitatis then in quindena Michaelis If in crastino Iohannis Babtyste then in tribus septimanis Michaelis If in octauis Iohannis Babtyste then in mense Michaelis If in quindena Iohannis Babtyste then in crastino animarum ¶ Finis ¶ A statute for Eschetours made the .xxix. yere of Edwarde the fyrste ⸫ AT the parlyamente of our soueraygne lorde the kynge holden at Lyncolne in the vtas of saynt Hyllarye the .xxix. yere of his reygne by his counsel it was agreyd and also coÌ„maundyd by the kynge hymselfe that fromthens it shulde be obserued and done accordyng to the aduyse of the reuerende father â—â— Langeton then byshop of Couentrie and Lychfelde and treasourer to the kyng Iohan Langeton then beyng chauncellour and othrr of the counsell there present before the kyng that where inquestes takeÌ„ by his eschetours by any of the kynges wryttes purchased out of his chauncery beynge retourned and it be fouÌ„de by such inquestes that nothyng is holden of the kyng wherby the kyng ought to haue the warde of suche landes and tenementes by reason of the inquest taken by his eschetours that immediatly and without any delay the eschetours shal be comaunded by the kynges wrytte had out of the kynges chauncery to put fro theyr handes all the landes and tenementes so taken into the kynges possession and if they haue taken any profyttes of such landes and tenementes so taken into the kynges handes by them from the tyme that suche landes and tenementes fyll into the kynges handes they shal make full restitucion to hym or them for whome it was founde by inquestes taken by the same eschetours that suche landes ought to remayne sauynge alwaye to the kynge in case that after such tyme as his eschetours haue dyscharged theyr landes by force of the kynges wrytte as before is sayd if any thyng happen to be founde in the chauncery or the eschequer or in any other of the kynges courtes wherby the warde of suche landes wherof the eschetours haue dyscharged theyr haÌ„des in fourme abouesayd shulde belonge vnto the kyng that ymmedyatly he in whose possession such landes happe to be shal be somoned by a wrytte out of the chauncery to be afore the kynge at a certayne day whersomeuer c. to shewe if he can saye any thynge wherfore the kynge ought not to haue the warde of suche landes accordynge to the fourme of the euydences oâ— remembraunces founde for the kynge And if he come in and shewe why the warde of suche landes doth not belonge vnto the kynge but doyth shewe that iâ— ought to belonge and remayne to hymselfe he shall go quyte and shal retaygne the warde but in case that the partye warned doyth not come or if that he come and can shewe nothyng to put the kynge from the warde the landes and tenementes shal be forthwith resesyd into the kynges handes to be kept in name of wardshyp vnto the lawful age of such heyres as before is sayd And if it be founde vpon the inquestes taken by the eschetours and retourned that the warde of the same landes and tenementes conteyned in the inquest and seasyd into the kynges handes ought not to remayne vnto the kynge then the eschetonâ— shall be commaunded forthwith to dyscharge his handes therof and to restore the issues holly In lyke manâ—â— if it be founde afterward by the euydences and remembraunces in the chauncery eschequer or otherwhere as before is sayd that our soueraygne lord the king ought to haue the warde therof the kynge shal be aunswered vnto for the hole issues and profyttes by the handes of such as helde the same landes and tenementes from the tyme they were fyrst taken into the kynges handes by his eschetours by the wryttes abouesayd And this order shall be obserued fromhensforth in the chauncery notwithstandyng a certayne ordynaunce lately made by our soueraygne lorde the kynge concernyng landes and tenemeÌ„tes taken into his handes by his offycers and not to
any be impleded for al his land or for parte of the same so that the resydue be not suffycyent to the value of .xc. li. and can proue the same then the dystresse shall cease vntyll the same plee be determyned Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes so that the resydue therof doyth not amouÌ„te to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vntyll the foresayd dette be clerely payed And none shal be dystrayned to take vpoÌ„ hym the ordre of a knyght before that he come vnto the age of .xxi. yeres Also none by reason of any lande that he holdeth in maners whiche be now in auncyent demeane of the crowne as a sokeman and whiche lande also muste gyue â—allage when the kynges demeanes are taylled shal be dystrayned to take vpon hym the ordre of a knyght Also of them that holde theyr laÌ„des in socage of other maners then of the maners of the kyng doynge no foreyn seruyce the rolles of the chauÌ„cery shal be serched for the tyme of the kynges predecessours And it shal be done as it hath vsed to be done In lyke maner shal be done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye Also none shal be dystrayned for his burgage landes although they do amounte to the value of .xx. li. yerely or more Also they that ought to be knyghtes and be not whiche haue holden theyr landes in theyr handes but a small tyme. And lykewyse knyghtes that do pretende great age or defaute of theyr membres or any other incurable dysease or charge of theyr chyldren or of plees or do alledge such necessary excuses they shall go vnto Roberte Typtofte and Anthonye de Becke and shall make fyne before them to whom it is enioyned that accordyng to theyr dyscresyons they shall admytte the reasonable fynes of al such persons ¶ Here endyth the statute of knyghtes ⸫ ¶ A statute of waste made the â–ª xx yere of kyng Ed .i. WIllyam Boteller whiche is within age in warde of our soueraygne lorde the kyng hath shewed vn to the kynge that where Gawen Buteller his brother whose heyre he is hadde impleded one walter de Hapeton by the kynges wrytte for waste and dystruccyon made by hym in certeyn his landes and tenementes which the same walter helde for terme of his lyfe of the inherytaunce of the foresayde Gawyn in wymme and Thyrke And the aforesayd Gawyn before he had opteyned iudgement dyed After whose death the aforsayd wyllyam by a lyke wrytte impleded the foresayd walter for the waste distruccyon made by hym of longe tyme. The same walter before Gylbert Thorneton and his compaygnyoÌ„s assygned to here the kynges plees came in sayd that he ought not to aunswere the same wyllyam for the waste and dystruccion made in the tyme of any other before the ryght of the sayde inherytaunce discended vnto hym and therupon demaunded iudgement And for asmuch as certayne iustyces dyd not agree in gyueng of the sayd iudgement because it seamed to sume that it was not agreable to the lawe if another persone shulde opteyne auauntage recompense by the foresayde wryt whiche is a wrytte of trespas done to a persone certayne but onely the same persone to whome and in whole tyme the trespas was done Other iustyces with the more part of the kynges counsel were in the contrarye opinion alledgynge by dyuerse reasons that the sayd wyllyam ought to be harde and aunswered vnto and al other what so euer they be in lyke cases or iÌ„ lyke trespaces and for because lyke matters haue remayned not amended lyke trespaces vnponyshed which was inconuenient Our soueraygne lord the kynge in his full parlyament holden the daye after the feaste of the Purificacion in the .xx. yere of his reygne by a generall counsell hath ordeyned and from hensforth hath comaunded to be straytly obserued that euery heyre in whose warde so euer he be and aswell within age as of full age shall haue his recouerye by a wrytte of waste in the foresayd case and also in other where the same wrytte ought to holde place and it shall holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his auÌ„cetours as at any other tyme that the fee and inherytaunce dyscended vnto hym and shal be aunswered vnto therfore And that he shall recouer the landes wasted and damages as it is ordeyned in the laste statute of westmynster of damages to be recouered iÌ„ a wryt of waste if the tenaunt be conuycte for the waste And it is comaunded by the kynge hymselfe vnto the same Gylbert Thorneton and his compaygnyoÌ„s that they do procede in the foresayd matter and in other lyke fromhensforthe and iudgement shal be gyuen accordynge as the matter is founde And lykewyse it is comaunded vnto the iustyces that they shall cause all the aforesayd thynges to be straytly obserued before them fromhensforth ⸫ ¶ Here endyth the statute of waste ⸫ ¶ A statute of weyghtes and measures made the. Li. yere of K. Henry the thyrde THe standarde bushelles galons and elles shal be signed with an yroÌ„ scale of our soueraygne lorde the kynge saufely kept vnder the payne of an hundred li. And no measure shall be in any towne without it do agree with the kynges measure marked with the seale of the shere towne If any do sell or bye by measures vnsealed and not examyned by the mayer or bayllyfes he shal be greuously amerced And all measures of any towne both great small shal be vewed and examined twyse in a yere If any be coÌ„uyct for a double measure that is to wyte a greater for to bye with a small to sell with he shal be imprysoned for his falshode and shall be greuously ponyshed The standard busshelles and elles shal be in the custodie of the mayer and bayllyfes and of syx lawfull persones of the same towne beynge sworne before whome all measures shal be sealed No maner of grayne shall be solde by the heppe or cautell except it be â—tes malte and fetche ¶ Finis ¶ The statute of forstallours made cÌ„ ⸫ IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shal be dwellyng in any towne which is an oppressor of pore people manyfestly and a comon enemye of the hole shyre and countre whiche for gredynes of shamefull lucre doth preueÌ„t other in byeng grayne fyshe herryng or any other thynge to be solde comyng by lande or watter oppressyng the pore and despysyng the ryche which carryeth awaye suche thynges entendyng to sell them more dere The which comyng to marchauntes straungers that brynge marchauÌ„dyse offeryng them to bye and informyng theÌ„ that theyr goodes myght be derer sold then they intended to sell
adâ—oâ—â—ons â—â—assed for terme of lyâ—e or yeres or in taylle And fromhensforth in wryttes of Quare impedit and daâ—râ—yâ— prâ—sâ—ntment damagâ—s shal be awâ—â—â—â—d if the â—â—â—â— coÌ„tynue aboue vâ— mâ—nâ—â—hâ—â— â–ª so that if the byshop do presenâ—â— and the vâ—â—y paâ—â—une lâ—se his presentacyon for that tyme damages shal be awaâ—â—â—d for the .ii. yeres value of â—â—◠〈…〉 And if the. vâ— monethes 〈…〉 and the presâ—nâ—meÌ„â—â— dysprouâ—d 〈…〉 sayd tyme then damagâ— shal 〈…〉 the 〈…〉 yeâ—es v 〈…〉 the 〈…〉 And if the dystourbour 〈…〉 not wherof he â—aâ—◠〈…〉 e dâ—â—â—ges 〈…〉 thâ— byshop presenteth by 〈…〉 o◠〈…〉 he â—â—aâ—â—â— your shâ—d by 〈…〉 And if the 〈…〉 d within the halfe yâ—â—â— â–ª yet tâ—â— dyâ—â—ourbour shal be ponysshâ—â—â—â— the 〈…〉 of halfe a yere And froÌ„hensforth wryttes shal be grauÌ„ted for chapâ—â—â—es prebendes vycarages hospytalles abbeys pryoryes other houses whiche be of the aduouzons of other men that were not grauÌ„ted before And when the persone of any churche is dysturbed to demauÌ„de tythes in the next perâ—she by a wrytte of indicauit the â—a 〈…〉 of the persone so dystourbed shall 〈…〉 a wrytte to demaunde the aduouzon of suche tythes And when it is dysproued then shall the plee passe in the 〈…〉 chrysten as ferforth as it is dysâ—â—â—d in the kyngâ— court wheÌ„ an aduouzon dysceÌ„dyth to parceners though one presente twyse and vsurpeth vpon his coheyre yet he that was neeglygeÌ„t shall not be clerely barred but at another tyme shall haue his tourne to presente when it falleth ¶ The .vi. Chapiter UUhen any demaundeth lande agaynst another the partye that is impleded vouchyth to warrauntye the warrantour denyeth his warrauntye and the plee hangyth longe betwen the tenaunt and the warrauntour and at length when it is tryed that the vouche is bound to warraÌ„tye by thâ— law custome of the realme hytherto vsed ther was none other ponyshmeÌ„t assygned for the vouche that denyed his warraÌ„tye but only that he sholde warrantyze and be amerced for denyeng his warrauntye which was preiudicyall to the demandant because he suffered oftentymes great delayes by collusyon betwene the tenant and the warrauntor wherfore our soueraygne lorde the kynge hath ordeyned that lyke as the tenant sholde lese the lande beyng in demaunde in case where he vouched and the vouche coude dyscharge hymselfe of the warrauntye In lyke maner shall the warrantour lese in case where he denyeth his warrauntye and it be founde and tryed agaynst hym that he is bounden to warrantyze And in case that an inqueste be dependyng betwene the â—enant and the warrantor the demaundant doyth praye a wrytte for to cause a â—urye to com it shal be grauÌ„ted hym ¶ The .vii. Chapitre A wrytte of admesuremeÌ„t of dower shal be fromhensforth graunted to a wardeyn nor the heyre wheÌ„ he cometh to full age shal be barred by the sute of such wardeyn that suyth agaynst the tenaunt in dower faynedly and by collusyon but that he maye admesure the dower after as it ought to be admesured by the lawe of the lande And as well in this wrytte as in a wrytte of admesurement of pasture more spedy processe shal be awarded than hath ben vsed hytherto so that when it is passed vnto the great dystres dayes shal be gyuen within which two shyrecourtes maye be holden at the whiche open proclamacion shal be made that the defendant shal comin at the day contayned in the wrytte to aunswere vnto the playntyf at whiche daye if he come in the plee shall passe betwene them And if he do not come and the proclamacion be testefyed by the sheryf in maner abouesayd vpoÌ„ his defaute they shall make admesurement ¶ The .viii. Chapiter UUhere as by a plee moued vpon a wrytte of admesuremeÌ„t of pasture the pasture was somtyme admesured be fore the iustyces sometyme before the sheryf in the countye And it chaunced many tymes that after such admesuremeÌ„t made the pasture to be ouercharged agayne by hym that fyrste dyd it with â—o beastes then he ought to kepe wherupon no remedye hath ben yet prouyded It is prouyded that vpon the secounde ouerchargynge the playntyfe shall haue remedye in this maner if the admesuremente were before the iustyces he shall haue a wrytte iudycyall that the sheryf in presence of the partyes beynge somoned if they wyll come shall inquere vpoÌ„ the secounde ouerchage whiche if â—â— be founde it shal be retourned before thâ— iustyces vnder the seales of the sheryf and of the iurrours and the iustyces shall awarde the playntyf damages and 〈…〉 putte in the extreates the value of the beastes whiche were putte in to the pasture after such admesurement aboue the due noumbre and shal dâ—lyuer the extreates vnto the barons of the eschequer wherof they shal auÌ„swer vnto the kyng If suche admesurement be made in the counâ—ye then at the request of the playntyf a wâ—â—â— shall go out of the chauncery â–ª that the sheryffe shall inquere vpon the ouerchargynge for the beaâ—â—es bâ—yâ—g put in â—boue the dâ—e noumbre and for the value of them he shall aunswere to the kyng at the eschequer And leste the sheryf mâ—ght defraâ—de the kynge in thâ—s case â—â— is agreyd that aâ— such wryttes of secound ouerchargyng that passe out of the chaâ—ncâ—ry shal be inrolled and at the yeres ende the transcryptes shal be retourned in to the eschequer vnder the chauncellours seale that the treasourer and barons may see how the sheryf shall aunswere of the issues of suche wryttes lykewyse wryttes of reddysseson shal be inrolled and sente into the eschequer at yeres ende ¶ The .ix. Chapitre UUhen chyef lordes do dystreyne in theyr fee for customes and seruyces to them due one of them is meane whiche oughte to acquyte the tenaunte where it lyeth not in the mouthe of the â—â—nant after that he hath repleuyzed the dystres to deny the demande of the chyef lord which aâ—oweth in the kyngê court that the dystres is lawfully taken vpon his tenant which is the meane many haue ben sore greued by such dystresses â—nsomuche as the meane notwithstandyng that he haue suffycyent wherby he may be dystrayned doyth make longe delayes before he wyll come into the courte to aunswer for his tenaunt vnto the wrytte of mean and most harde of al when the mean had nothyngâ— In case also when the tenant was redy to do his struyces customes vnto his lorde and the chyef lorde wolde refuse to take such seruyces and customes by the handes of any man but onely for his nexte tenant and so such tenaÌ„tes in demeane lost somwhyles the profytes of theyr landes for a tyme and somewhyles for theyr hole tyme and hytherto no remedy hath ben prouyded in this case A remedy is prouyded in this fourme that so sone as the tenant in demean hauynge a mean betwene hym and the chyef lorde is dystrayned incontyneÌ„t the tenant shall purchase his wrytte of mean if the mean hauynge lande in
be 〈…〉 ed by â—â—â—oyâ—â— whyther he w 〈…〉 before or no. And after the day gyuâ—an essoyne shall not be allowed at the desyre of the partes in case where the partyes do consent to come without essoyne ¶ The .xxviii. Chapitre UUhere as by the fyrste statute of Westmynster it was prouyded that after the tenantes haue ones apered in the court no essoyne shal be allowed theÌ„ in wryttes of assyses in lyke maner it shal be froÌ„hensforth agaynst the playntyfes ¶ The .xxix. Chapitre A wrytte of 〈◊〉 to here and determyne fromhensforth shall not be graunâ—ed before any iustyces oâ— bothe benches and â—â—s 〈…〉 s â—â—â—a 〈…〉 s but for the 〈…〉 of the 〈…〉 where it is necess 〈…〉 spâ—dye â—emâ—dye And our soueraygne lorde the kynge of his specyall grace hath graunted this and fromhensforth a wrytte ad audiendum et terminandum appella shall not be graunted before iustyces assygned but in a specyal case and for a cause certayne wheÌ„ the kyng commauÌ„deth but lest the partyes appeaâ—â—d or indyted be kepte longe in pryson they shall haue a wrytte of Odio et Aâ—â—a lyke as it is sayd in magna carta and other statutes ¶ The .xxx. Chapitre FRoÌ„hensforth two iustices sworne shal be assygned before whom and none other assyses of nouell dysseson mort dauncetour and attayntes shal be taken and accompanye with them two or one of the dyseretyste knyghtes of the shyre where they come and shal take the foresayd assyses attayntes nomore theÌ„ thryes yerely that is to say betwene the quynzyeme of saynct Iohan Baptyst the gule of August And agayne betwen the feast of the exaltacyon of the crosse the vtas of saâ—nct Myghell And thyrdly betwene the feaste of the Epyphanye and the feaste of the purificacion and in euery shyre at the takynge of assyses before they shall appoynt the daye of theyr retourne so that euery one of the shyre may knowe of theyr contynge and shall aiourne the assyses froÌ„ terme to terme if the takynge of them be declared at any daye by vowchyng to warrauntye by â—ssoyne or by defaute of iurrours and if they see that for any cause assyses of mortdauncetour beynge respyted by essoyne or voucher ought to be adiourned into the benche it shall be lefull for them to do it and then they shall sende the recorde with the originall wrytte before the iustyces of the benche And when the matter is passed to the â—akynge of the assyse the iustyces of the benche shall remytte the matter to the frysie iustyces before whome the assyse shal be taken but fromhensforth the iustyces of the benche shall gyue in suche assyses .iiii. dayes at the leste in the yere before the sayde iustyces assygned for to spare expensâ— and labour Inquysicyons of trespas shal be aiourned before the iustyces of bothe benches except the trespas be so heyghnous that it shall requyre great examynacyons Inquysycyons also of other plees pleded in bothe benches shal be determyned before them wherin small examynacyon is requyred that when the entre or season of any is denyed or in case when one artycle is to be inquered But inquysycyons of manye and greate artycles that requyre great examynacyon shal be taken before iustyces of the benche except that bothe partyes desyre that the inquysicyon be taken afore some of the iustyces when they happen to com into those partyes that fromhensforthe it shall not be done but by two iustyces or one vpon whom the partyes can agre And suche inquysycyons shall not be determyned before any iustyces of the benche excepte a day and a place certayne be apoynted in the shyre in presence of the partyes and the daye and place be mencyoned in the wrytte by these wordes Precipimus tibi quod venire factas coram iusticiarus nostris apud westmonasterium in octauis sancti Michaelis nisi talis et talis tali die et loco ad partes illas venerint duodecim c. And when such inquestes be taken they shal be retourned into the benche there shall iudgement be gyuen and inrolled And if any inquysicyons be taken other wyse then after this fourme they shal be of no effecte except that assyses of darreyn presentmeÌ„t and inquysicyons of Quare impedyt in theyr owne shyre before one iustyce of the benche and one knyght at a day and place certayn assygned whyther the defendant coÌ„sent or not there the iudgemeÌ„t shal be gyuen immedyatly All iustyces of the benches froÌ„hensforth shall haue in theyr cyrcuytes clerkes to inrolle all plees pleded before them lyke as they haue had in tyme passed Also it is ordeyned that the iustyces assygned to take assyses shall not compell the iurrors to saye precysely if it be dysseson or not so that they do shewe the truthe of the dede and desyre helpe of the iustyces But if they of theyr owne hâ—d wyll saye that it is dysseson theyr verdyâ— shal be admytted at theyr owne peryll And froÌ„ hensforth the iustyces shall not putte in assyses or iuryes any other then were at the fyrste somoned to the same ¶ The .xxxi. Chapitre UUhen any that is impleded before the iustyces doyth alledge an excepcyon prayeng that the iustyces wyll allowe it which if they wyll not allowe if he that alleged the excepcyon do wryte it prayeng the iustyces to putte to theyr seales for a wytnesse And if one wyll not another of the companye shall And if the kyng vpoÌ„ coÌ„playnte made agaynst the iustyces cause the recorde to come before hym and the same excepcyon be not founde in the rolle the playntyf shewe the excepcyon wryten vnder the seale of a iustyce the iustyce shal be commaunded to be redy at a certayne day other to confesse or denye his seale And if his iustyce can not denye his seale they shall procede to iudgement accordyng to the same excepcyon and after as it ought to be admytted or auoyded ¶ The .xxxii. Chapitre UUhen relygyous men or any spyrytuall persones do implede any the partye impleded maketh defaute wherby he ought to lese the lande forasmuche as the iustyces haue thought hytherto that if the partye impleded make defaute by collusyon that when the demaundant by occasyon of the statute coude not obtayne seasyn of the lande by tytle of gyfte or other alyenacyon he shall nowe by reason of the defaute And so fraude is to the statute It is ordayned by our soueraygne lorde the kyng in this case that after the defaute made it shal be inquered by the countre whyther the demand a Ì„t had ryght or no if it be found that the demand at had ryght let the iudgement passe with hym so recouer season and if he had no ryght the lande shall go to the neâ—â—e lorde of the fee if he demaunde it within a yere after the inquest taken And if he do not demaunde it within the yere it shal be inquered for the nerte lorde aboue if he demaunde it within halfe a
of a mâ—yte And if she commytte forâ—â—cacion in heâ— wydowhed or take an husbande afterwarde she shall lese her dowet Finis ¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii. UUhen a fre maÌ„ shal make homage to his lorde of whom he holdeth in chyef he shall hold his handes togyther betwene the handes of his lord shal say thus I become your froÌ„ this daye forth for lyfe for meÌ„bre for worldly honour and shall owe yow my fayth for the landes that I holde of you sauyng the fayth that I do owe vnto our soueraygne lord the kyng to myne other lordes when a freman shall do fealte to his lorde he shal holde his ryght hande vpon a boke and shall saye thus Here you my lorde â— that I. P. shal be to you both faythful true shall owe my fidelite vnto you for the lande that I hold of you lawfully shall do such customes seruyces as my duety is to you at the termes assygned so helpe me god all his saynctes When a villayne shall do fealte vnto his lorde he shall holde his ryght hande ouer the boke shall say thus Here you my lord A. that I. B. from this daye forth vnto you shal be true faythfull and shal owe you fealte for the lande that I holde of you in villenage and shal be iustefyed by you in body goodes so helpe me god all his saynctes Finis ¶ The statute of wardes and relyefes made the .xxviii. yere of Edwarde the fyrst IT is to wyte that when any relyef is gyueu therto wardshyp belongeth contrary wyse And such as holde by sertaunte to go with the kynge in his hoste there warde and relyef are incydeÌ„t And such as holde by pety sertauntye as to bere shelde or spere in the kynges hoste to bere or to carye there lyeth nether warde maryage nor relyef Also a fre sokeman shal not gyue warde nor relyef but he shall double his rente after the death of his auncetour accordyng as he hath vsed to paye and shall not be vnmesurable greued Now som what is to be sayed of the nature of hauyng wardes There be .ii. maners of wryttes to haue awardes one is where landes be holdeÌ„ in knyghtes seruyce the other is where landes be holden in sâ—cage The warde of lande that is holden in knyghtes seruyce belongeth to the chyefe lorde the maryage which ought to be without dispâ—ragement as the great chartourly my tyth vntyll he comyth to the age of .xxi. yeres The warde of an heyre that holdeth in socage if the inherytaunce dyscende of his mothers syde then it belongyth to the nexte frende of the fathers syde and contrarye wyse And a wrytte to recouer warde may be brought in .iii. maners one is when a man demauÌ„dyth warde of the lande and of his heyre and that is in case when a man holdeth land of another by knyghtes seruyce and the tenaunt dyeth then may the chyef lorde if he be deforced demaunde the warde of his lande and heyre shall haue both warde and maryage Another maner is when a man is infeffed of a rode of lande by one man and by another of another rode the secounde lorde may not brynge a wrytte of warde to recouer eyther the lande or the heyre for the warde belongeth to the lorde of whome he was fyrst infeffed The .iii. maner is where a man hath lande in his handes by reason of a warde and hath not the heyre then he may brynge a wrytte to demaunde the heyre and not the lande ¶ Here endyth the statute of wardes and relyefes made the .xxviii. yere of Edward .i. ¶ Here begynneth a statute concernyng generall dayes in the bench made the .li. yere of H. the .iii. IF a wrytte come within the vtas of S. Myghell a daye shal be gyueÌ„ therupoÌ„ vnto the vtas of S. Hyllarye if it come in the quynzieme of S. Myghel day shal be gyueÌ„ vnto the quynzieme of S. Hillary If it com in the .iii. wekes after S. Myghel the day shal be crastiÌ„o purificatioÌ„is If withiÌ„ a moneth after Myghelmas in the vtas of the purification If in crastino animaruÌ„ then in the quynzieme of Easter If in crastino Martini then in the .iii. wekes after Easter If in the vtas of S. Martini then in Easter moneth If in the quynzieme of saynt Martyne then within .v. wekes after Easter also there is a day specially gyueÌ„ in crastino ascensioÌ„is it â—â—â—â—â—uayleth as much as within .v. wekes after Easter If in the vtas of saynt Hyllarye in the vtas of the Trinite If in quindena Hillarii then in quindena Trinitatis and somtyme in crastino of saynct Iohan Baptyste If in crastino purificationis then in crastino vtas of sayncte Iohan Baptyste If in the vtas of the purification then in quindena of Iohan Baptyst If in quindena Pasche then in the vtas of saynct Myghell If within .iii. wekes after Easter then in quindena of saynct Myghell If within Easter moneth then within .iii. wekes of the feast of saynct Myghel If within fyue wekes after Easter or in crastino Ascensionis then within a moneth after the feaste of S. Myghell If in the vtas of the Trinite then in crastino animaruÌ„ If in quindena trinitatis or in crastino of saynct Iohan Babtyste then in crastino Martini If in the vtas of sayncte Iohan Babtyst then in the vtas of S. Martyne If in quindena of saynct Iohan Baptyst then day shal be gyuen vnto quindena Martini Finis ¶ The statute of Bygamye made the .iiii. yere of Ed .i. IN the preseuce of certayne reuerende fathers byshops of Englaud and other of the kynges counsell the coÌ„stitucyons vnderwryten were recited after harde publyshed before the kynge and his counsell for asmuche as all the kynges counsel aswell iustyces as other haue agreyd that they shulde be putte in wrytyng for a perpetuall memorie and for that they shuld be stedfastly obserued ¶ The fyrst Cha. COncernyng plees where the tenaunt sayeth that he can not aâ—swere with out the kynge It is agreyd by the iustyces and other wyse men of the kynges counsell which heretofore haue had the vse and praciyse of iubgemeÌ„tes that where a feffemeÌ„t was made by the kyng with a dede therupon that if another persone by a lyke feffement a lyke dede be bounden to warrauÌ„tye The iustyces coude not heretofore haue proceded any further without the kynges comaundement had therfore And also it semyth that they coude not ¶ The .ii. Cha. IN certayn cases as where the kyng hath coÌ„fyrmed or ratefyed the dede yf another man to the vse of another or hath graunted any thynge asmuche as hymselfe may or where a dede is shewed and no clause contayned therin wherby â—e ought to warrauntyse and in lyke cases they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke but after
aduertysement made therof to the kynge they shall procede without delaye ¶ The .iii. Chapitre COncernynge the endowement of wymmen where the wardeyns of theyr husbaÌ„des inherytauÌ„ce haue ward shyp by the gyfte or graunte of the kyng or where such wardeyns be tenauntes of the thynge in demaunde or if the heyres of such landes be vouched to warraÌ„tye if they say that they can not auÌ„swer without the kynge they shall not surceasse vpon the matter therfore but shal procede therin accordynge to the ryght ¶ The .iiii. Chapitre COncernyuge purprestures or any maner of vsurpacyons made vpoÌ„ the kyng within frauÌ„chyses orels where it was agreyd determyned in the tyme of kynge Henry that where suche vsurpours were lyuyng the kynge shulde resease of newe the lande so vsurped out of the handes of the vsurpours the which thyng also shal be fromhensforth obserued in the realme if any do complayne vpon such reseasers he shal be harde lyke as ryght requyreth ¶ The v. Chapitre COncernynge men twyse maryed called bigamy whome our holy father the pâ—â—e by a constitucyon made at the counsell of Lyons hath excluded froÌ„ al clerkes pryuylege wherupoÌ„ certayâ—â— prelates when such persons haue ben â—â— taynted for felons haue prayed for to haue them delyuered as clerkes whichâ— were made bygamy before the same constitucion It is agreyd and declared before the kynge and his counsell that the same constitucyon shal be vnderstandeâ— in this wyse that whyther they were bigamy before the same constitucyon or after they shal not from hensforth be delyucred to the prelates but iustyce shal be executed vpon them as vpon other laye people ¶ The .vi. Chapitre IN dedes also where is conteyned dedi â—t concessâ— tale tenementum without homage or without a clause that coÌ„teyneth warrantie and to be holden of the gyuers and theyr heyres by â— certayne seruyce It is agreyd that the gyuers and theyr heyres shal be bounden â–ª to warrantie And where is conteyned dedi et concessi c. to be holden of the chyef lordes of the fee or of other not of the feffours or of theyr heyres reseruing no seruyce â–ª without homage or without the foresayd clause theyr â—eyres shall not be bounden to warrantye notwithstandynge the feffour duryng his ownâ— lyfe by force of his owne gyfte shal be â—ounden to warrantie All these constiâ—nâ—yons aforesayd were made at westmynster in the parlyament holden next after the feast of saynt Myghell â–ª the .iii. â—ere of the raygne of kynge Edwarde â—â—nne of kynge Henry And from that â—yme forth they shall take effecte ¶ Finis ¶ The statute of Ioyntenauntes made the .xxxiiii. yere of kyng Edwarde the fyrst THe kyng our soueraigne lord vnto all to whome these c. greatyng It is well knowen that among dyuerse establysshementes of lawes which we haue ordeyned in our owne tyme vpon the great and heyghnous myschyef that happen in wryttes of nouell dysseson â—â—yâ—fly aboue other we haue deuysed more spedye remedye in those wryttes then was before And for asmuche as it â—haunseth many tymes in assyses of noâ—ell that the tenant doyth plede agaynst the playntyfe that he holdeth the landes beyng in demauÌ„de ioyntly with his wyfe not only named in the wryt somtyme with a strauÌ„gyer not named in the wrytte and shewyth forthe a dede testefyeng the same and demaundeth iudgement of the wrytte It is agreyd and ordeyned that if the playntyf wyll offer to auerre by assyse that the day of his wryt purchased he that alledged the excepcioÌ„ was sole tenauÌ„t so that nether his wyfe nor any other had any thyng in the said landes then the iustyces before whome the assyse is arrayned shall retayne the same dede saufely in theyr kepyng vntyll the assyse be tryed betwene theÌ„ therupoÌ„ And they shall let the partye absente to vnderstande by our wrytte vnder theyr wytnessyng and also to the ioyntenant that is present of whome the dede maketh mencion that he be present at a certayne daye with the other tenant for to aunswere vnto the parte playntyf aswel vpon the excepcyon alledged as of the landes demaunded and put in vyewe if it seme expedyent for hym at which day if both that are named tenantes do comin do iustefye the same feffement they shal aunswere and maynteyne the excepcyon alledged by one of them further shal aunswere vnto the assyse as though the oryginall had ben purchased agynst both of them ioyntely And if it be proued by assyse that the excepcyon was alledged malycyously for to delay the playntyfe of his ryght so that they helde not the same lande ioyntly the daye of the wrytte purchased then all be it the same assyse do passe for the tenaÌ„tes agaynst the playntyfe yet they that alledged the excepcyon shal be ponyshed by one yeres unprysonment whens they shall not be delyuered without a greuous raunsome And let the iustyces be wel aduysed that fromhensforth they do not allowe an excepcyoÌ„ alledged by the bayllyfes of any suche tenauntes and if he that alledged the excepcioÌ„ absent hymselfe at his day and the other that is named ioyntenant do apere although he iustefye the same dede and saye that he hath nothynge in the foresayd landes â— neuerthelesse the assyse shall passe agaynst hym that is absent by defaute And if it be founde by assyse that they were not ioyntly seased the day of the wrytte purchased lykewyse that the tenaunt agaynste whome the wrytte was purchased or another named in the wryt dyd dyssese the playntyfe then hauyng regard to them that was falsely and malycyously alledged to the hurte of the partye and to the dysseson that they made the playntyf shall recouer his season and double damageâ— and they that alledged the false excepcyon shall haue the ponyshement aforesayd But if neyther of the tenauntes do come in at the daye then vpon theyr defaute the assyse shal passe agaynst them And if it be founde that the same excepcyon was lawfully and truely alledged and that they that alleged it were ioyntly seased before the playntyf purchased his wryt agaynst them the assyse shall passâ— no further but the wrytte shal be abated The same shal be obserued if both or ouâ— do appere if it be fouÌ„de by assyse that the excepcion was truely alledged as before is sayd The same order shal be obserued in assyses of mortdauncetour wryttes of iuris vtrum that the fyrste daye that the partyes appere in court if the tenaÌ„t alledge the sayd excepcion agaynste the demaundant shewyng a dede therupon and the demaundant wyl offer to aucrre by the assyse or iurye that the day of his wryt purchased he that alledged the excepcion was sole tenaunt hereafter the same maner of processe shal be vsed in assyses of mortdauncetour and wryttes of iuris vtruÌ„ as before is ordayned in assyses of nouell dysseson And lyke ponyshement shal be awarded to the offendours But in other wryttes wherby landes at demaunded such processe
matter that coÌ„cernyth the kynges owne dette And when a sheryf or a bayllyf hath begonne his accounte none other shal be receyued to accounte vntyll he that was fyrst admytted hath clerely accounted his money receyued and that the constable marshall chaumberlayne other that are of fee in theschequer fromhensforth shall presente vnto the kynge such as they haue putte in theyr places to do theyr offyces whiche muste be of good fame and sufficyent for whose actes themselues wyll aunswere And the kynge comaundeth the treasourer and barons of theschequer vpon theyr allygeaunce and by the othe that they haue made vnto hym that they shall not assygne any in theyr roumes but suche as this acte meaneth of and that theschequer be not charged with more persones then is necessary And that none of them that be sworne to the kynge shall put in his roume any other clerke or laye person except he be sworne without speciall lyceÌ„se of the treasourer and if any be he shal be forthwith remoued from his offyce And none other shal be receyued in his stede without the kynges lycense And if any that is receyued without the treasourers lycens do trespas afterward ponyshement shall be done aswell to the assygnor as to the assygne accordyng to the trespas And if both be vnsuffycyent theyr soueraygne shal be ponyshed whether be be offycer offce or other And the treasourer shal put no otheri his roume vntyl he hath comauÌ„ded from the kyng And if he that kepyth the roume of a no therby lyceÌ„s of the treasourer doth anythynge that he ought not to do he shal be ponyshed accordynge to the trespas if he haue wherof and if he haue not he that put hym in offyce shall be charged for his trespas and if he that putte hym in offyce be not sufficyent his superior shall be charged wether he be of fee or otherwyfe And they of the house shall make othe that if any of them may perceyue that another doth admytte any offence or other thyng dyshonest in the offyce of the house or that he hath done be fore that they shall certifye it to the treasourer or to the baroÌ„s or to any of them or to the kynge hymselfe if nede requere And that betwene the feaste of S. Margarete before that the eschequer be closed they shall cause to be serched and styne wether any sheryfe or bayllyrÌ„ that ought to haue accounted the same yere haue not therupoÌ„ a remeÌ„braunce or a â—olle shal be made by it selfe And if it â—e a sheryfe his accompt shal be fyrst haâ—d aâ—ter Mychelmas before that any other be receyued to accompt And if he be a bayllyfe he shal be demaunded or dystrayned to come at a certayne day for to account so that no accompte shall be suffered to slepâ— And forasmuch as sheryfes coâ—stables obtayne many tymes outrageous allowances by surmyse of the kynges charges and other thynges done prouyded by theyr commaundement It is prouyded that all surueyours of the kynges busynes shal be chosen by the othe of .xii. men and of such as wyll and may attend best to that offyce And that they be suffycyent to aunswere the kynge iâ— nede be and shall swere that they shall â—ere true and lawfull wytnesse And if the treasourer or baroâ—s of thescâ—equer haue any in suspeccyon of false allowances of charges or other thynges the truthe muste be inquered and he that is attaynted therof shal be charged vnto the kynge for asmuche as the allowance amountyth vnto and shal be imprysoned one yere .xl. dayes and shal be ponysshed at the kynges pleasure and the ouer seers shal be ponyshed for theyr consent â—ykewyse he that vpon thaccompte dyd concele and kepe secrete suche thynges wherof he ought to haue charged hymselfe shal be ponyshed in lyke wyse as â—e that admytted such false allowances And all that iustyces inquerours and other shall fromhensforthe delyuer into theschequer at the feast of S. Mychell from yere to yere the extreates of fynes and amercymentes made and taxed before them and of all thynges wherefore the extreates are wont for to be delyuered there And they of theschequer shall make extreates of the somons throughe all sherys sauynge that the extreates in â—yer of all plees shal be delyuered immedyatly after the eyer made ¶ Finis ¶ The statute of essoynes made the xii yere of Edward the .ii. HEre is declared in what wyse essoynes may be challengyd and in what cases essoynes do not lye an essoyn lyeth not where the lande is taken into the kynges handes Essoyne lyeth not where the partye is dystrayned by his landes Essoyne lyeth not where any iudgement is gyuen therupon if the iurrours do come Essoyne lyeth not where the partye was seene in the courte Essoyne dâ— vltra mare lyeth not wheâ— another tyme the party hath ben essoyned de malo veâ—â—di It lyeth not wherâ— the partye hath essonyd hymselfe another daye It lyeth not where the sheryfe was comaunded to make the partye to appere Essoyne de seruicio regis lyeth not where the partye is a woman It lyeth not in a wrytte of doweâ— where it semethe to be but a dâ—laye of ryght It lyeth not for that the playntyfe hath not founde pledges of sute Iâ— lyeth not where the attorney was essoyned It lyeth not where the partye hath an attorney in his matter It lyeth not where the party hath an attorney in his matter It lyeth not where the essoyneâ— confessyth that he is not in the kynges seruyce It lyeth not where the somonâ— is not retourned or the partye not attached for that the sheryfe hath retourned non est inuentus It lyeth not where the partye another tyme was essoyned de seruicio regis that is to wyâ—e suche a daye and nowe he hath not putte in his warrante It lyeth not where he was resomoned in assyse of mortdauncâ—touâ— or darrâ—yâ— presentment It lyeth not because suche one is not named in the by his â—â—â—yâ— It lyeth not where he had a precept to distrayne the partye for to come by his landes and goodes It lyeth not where any byshoppe was comaunded to cause the partye for to appere It lyeth not for that the terme is passed And iâ— is to be noted that essoynes de seruicio â—nÌ„i regis are allowed after the graund â—ape pety cape and after dystresses taken vpon the landes and goodes ¶ Finis ¶ A statute of the pyllorye made the. Lâ— yere of kynge Henry the thyrde IF a baker or bruer be conuycte because he hath not obserued the assise of bread and ale the fyrste secound and thyrd tyme he shal be amerced accordyng to his offense if it be not ouer greuous but if the offense be greuous and often wyll not be corrected then he shall suffer ponyshement of the body that is to wyte a baker to the pyllorye a bruer to a tumberel or som other correccioÌ„ fyrst .vi. law full men shal be sworne truely to gather
murage to enclose theyr townes and take suche murage otherwyse than it was graunted vnto them and therof be attaynted It is prouyded that they shall lese theyr graunt for euer more and shal be greuously amerced vnto the kynge ¶ The .xxxi. Chapiter OF suche as take vytayll or other thynges to the kynges vse vpon â—redence or to the garryson of a castell or otherwyse and when they haue receyued theyr payment in the eschequer gaâ— dâ—robe or otherwhere they witholde it from the creditors to theyr great damage sklaundre of the kyng It is prouyded for such as haue landes or tenementes that incontynent it shal be leuyed of theyr landes or of theyr goodes payed vnto the creditours with the damages that they haue sustayned shal be raunsomed for the trespas and if they haue no landes nor tenementes they shall be imprysoned at the kynges wyll And of such as take parte of the kynges dettes or other rewardes of the kynges creditours for the payment of such dettes It is prouyded that they shall pay the double therof and be greuously ponyshed at the kynges plesure And of such as take horse or cartes for the kynges caryage more thâ—n is nede and take rewardes to let suche horse or caâ—â—â—s to go It is prouyded that if any of the courte so do he shal be greuously ponyshed by the marshalles and if it be done out of the court or by one that is not of the court and be therof attaynâ—ed he shall pay treble damages and shall remayne in the hynges pryson xâ— dayes ¶ The .xxxii. Chap. â—T is proâ—yded that no sheâ—yf dâ—â— suffer aâ—y 〈…〉 tours or mayntâ—noâ—â—s of quarels theyr shyeâ—s neyther 〈…〉 of great lordes nor other ou◠〈…〉 be 〈…〉 for his lord to make 〈…〉 nor to 〈◊〉 iudgementes in the â—â—râ—â—s nor to pronounce the iudgemenâ—es iâ— be not spâ—cyally requyred â— prayed of all 〈…〉 and aâ—torneys of the 〈◊〉 which shal be at the courte and if anâ— do the 〈◊〉 shall ponyshe hym greuously for 〈…〉 and hymselfe ¶ The .xxxiii. Chapitre FOr asmuche as many haue often tymes â—oldâ— newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen bâ—twen the kynge his people or great men of this realme for the damage that hath maye therof ensue it is comaunded that from hensforth none be so hardy to tell or publyshe any false newes or saâ—es wherby discord or â—ccâ—syon or dyscord or sklaunder may gâ—â—wâ— betwen the kyng and his peopleâ— or the great mâ—n of the realme and he that 〈…〉 kept in pryson vntyll he be brought in â— the court which was fyrst auâ—â—or of the â—ale ¶ The .xxxiiii. Chapitre OF great men and theyr bayllyffes and other the kynges offycers excepted vnto whom specyall au 〈…〉 e is gyuen which at the coâ—â—â—â—ynce oâ—sâ—â—t or by theyr owne authoryte attache other passynge by the waye wiâ—h theyr goodes compellynge them to aunswere afore them vpoÌ„ coÌ„tractes couenauÌ„tes trespasses done out of theyr iurysdiccyon where in dede they hold naught of them nor within the fraunchyse where theyr power is in pretudyce or the kynge and his crowne and to the damage of the people It is prouyded that none from hensforth so do and if any â—o he shall pay to hym that by this occasyon shal be aâ—tached his damages double and shal be greuously amerced to the kynge ¶ The .xxxv. Chapiter FOrasmuch as before this tyme reasonable ayde to make a maÌ„nes son knyght or to mary his doughter was neuer put in certayne nor how much shuld be taken nor at what tyme wherby some leuyed outrageous ayde and more often then semed necessarye wherby the people wer so greued It is ê“uyded that from hensforth of an hole knyghtes fee there be taken but .xx. s. And of .xx. li. land holden in socage .xx. s. and of more more and of les lesse after the rate And that none shall leuye suche ayde to make his sonne knyght vntyll his sone be .xv. yeres of age nor to marye his doughter vntyl she be of the age of .vii. yeres And of that shal be made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it And if it happen that the father wheÌ„ he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shal be bound to the doughter for asmuche as the father receyued for the ayde And if the fathers goodes be not suffycyent his heyre shal be charged therwith vnto his doughter ¶ The .xxxvi. Chapitre IT is ê“uyded also and agreyd that if any maÌ„ be attaynted of dysseson done in the tyme of the kyng that nowe is with robborye of any maner of good or mouable by recognysaunce of the assyse of nouell dysseson the iudgement shal be such that the playntyf shall recouer seson of the lande with his damages aswel of the goodes and mouables afore sayd as of the frehold and the dyssessour shal be â—aunsomed which whyther he be present or not so it be presented shall fyrst be awarded to pryson And in lyke maner it shal be done of dysseson with force and armes although there be no robborye ¶ The .xxxvii. Chapiter FOr as much as certayne people of this realme doubte very lytle to gyue false verdyts or othes which they ought not to do wherby muche people are dysheryted and lese theyr ryght It is prouyded that the kynge of his offyce shall from hensforthe gyue attayntes in plees of lande or of freholde or of any thynge touchyng freholde when it shall seme to hym necessarye ¶ The .xxxviii. Chapitre ANd forasmuch as it is longe tyme passed syns the wryttes vndernamed were lymytted It is prouyded that in conuayeng a dysâ—eÌ„t in a wryt of ryght none shall presume to declare of the season of his auncetour further or beyonde the tyme of kynge Rycharde vncle of kynge Henry father to the kynge that nowe is and that a wrytte of nouell dysseson of purpartye which is called nuper obiit haue theyr lymytacyon syns the fyrste voyage of kynge Henry father to the kyng that now is into Gascoygne And that wryttes of mort dauncetour of cosynage of ayell of entre and of â—yâ— haue theyr lymâ—tacyon from the coronacyon of the same kynge Henry and not before but all wryttes purchased nowe by themselues or to be purchased betweÌ„ this and the feaste of sayncte Iohan for one yere complete shal be pleded from as longe tyme as heretofore they haue ben vsed to be pleded ¶ The .xxxix. Chapitre FOr asmuche as many folke are deâ—â—yed of theyr ryght by false vouchyng to waâ—raÌ„tye It is prouyded that in wryttes of possession fyrste of all in a wrytte of mortdaunceâ—our of cosynage â–ª of â—yell nuâ—er â—but of â—ntrusyon other lyke wrytâ—es wherby landes or â—enâ—mentes whiche ought â—o dyscend reuerâ—e remayne or falâ—e by the deathe or by the death of an auÌ„cetour or otherwyse that if the tenaunt vouch to warrantye
and the demaundaunt counterpledyth vnto hym and wyll auerre by assyse or by the countre or otherwyse as the coâ—tre wyll awarde that the tenaunte or his auncetour whose heyre he is was the fyrste that entred after the deathe of hym of whose season he demaundeth The auerâ—â—ment of the demaâ—ndanâ— shal be recey â–ª ued if the tenaunt therto wyll attend if not he shal be further compelled to another aunswere if he haue not his warraÌ„tour presente that wyll warraunte hym frely and incontinent entre into the warrauntye sauyng to the demaundant his exâ—â—â—cyons agaynste hym if he wyll vouch further as he dyd before agaynst the fyrste tenaunt From hensforthe in all maner of wryttes of entre whiche make mencyon of degrees none shall vouch out of the lyne nor in other wryttes of entre where no mencioÌ„ is made of degrees which wryttes shall not be maynteyned but in cases where the other wryttes of degrees can not lye nor holde place And in a wrytte of ryght it is ê“uyded that if the tenauÌ„t vouch to warrauntye and the demaundant conterplede hym and be redy to auerre by the couÌ„tre that he that is vouched nor his auncetours had neuer season of the land or tenement demaunded fee nor seruyce by the handes of the tenaunt or his auncetours syns the tyme of hym on whose season the demaundaÌ„t declareth vntyll the tyme that the wrytte was purchased and the ple moued wher by he myght haue infeffed the tenaunt or his auncetours Then let the auerrement of the demaundaunt be receyued if the tenaunt therto wyll attend if noâ— the tenaunt shal be further compelled to an other aunswere if he be not present that wyll warraunte hym frely and in contynent entre in aunswer sauynge to the demaundant his excepcyoÌ„s agaynst hym as he had before agaynst the fyrst tenaunt the sayd excepcion shall haue placein a wrytte of mordauncetour and in the other wryttes before named aswell as in wryttes that concerne ryght and if percase the tenaunt haue a dede of warrauÌ„tye of another man that is bouÌ„d in none of these cases before mencyoned to the warrauntye of his elder degre his recouerye by a wrytte of warrauntye of chartour out of the kynges chauncery shall be saued to hym at what tyme so euer he wyll purchase it howe be it the plee shall not be delayed therfore ¶ The .xl. Chapitre FOr the othes of champions it is thus prouyded because it seledom happeneth but that the champion of the demaundaunt is forsworne in that he swereth that he or his father saw the season of his lorde or his auncetour that his father comaunded hym to deraygne the ryght that fromhensforth the chaÌ„pyon of the demaundaunt shall not be compelled so to sweare Neuertheles his othe shal be kepte in all other poyntes ¶ The .xli. Chapiter FOr asmuch as iÌ„ a wrytte of assyse attayntes and iuris vtrum the â—urrours be often troubled by reason of the essoynes of tenauntes It is prouyded that after he hath ons appered in the courte that he shal be no more essoyued but shall make his attorney to sue for hym if he wyll and if not the assyse or iurye shal be taken through his defaute ¶ The .xlii. Chapitre FOr asmuche as demaundantes be â—â—eÌ„â—ymes delayed of theyr ryght b 〈…〉 son 〈…〉 many parceners be tenaÌ„â—â—s of whiche none may be compelled to aunswer without the other or that there be manye ioynâ—ly infelled where none knowyth his seuerall and such tenaunteâ— ofâ—eÌ„â—â—mes fourth by esâ—oyne so that euery of them hath a seuerall essoyne It is prouyded that fromhensforthe suche tenaunâ—es shall not haue esâ—oyne but at one day no more then one sole tenaunte sheweth â–ª â—â— â—o that fromhensforth they shall no more fourche but onely for to haue one eâ—â—oyne ¶ The .xliii. Chapiter FOr as muche as dyuers persones cause themselues falsely to be essâ—â—ned for beyng ouer the see wherein 〈…〉 they were within the realme the day oâ—â—â—e 〈…〉 s. It is prouyded from hensforth that this esâ—oyne be not all tymes allowed if the demaundant wyll challenge it and wyll be redy to auerrâ— that he was in Englande the daye of the somoÌ„s and .iii. wekes after it shal be aâ—ourned in this â—ouâ—me that if the demaundant be redy at a certayne day by auerremeÌ„t of the countre or otherwyse as the courte shall awarde â—o proue that the tenaunt was within the .iiii. sees the daye that he was somoned and .iii. wekes after so that he myght be reasonably warned and so found the essoyne shal be â—ourned into a defaute And that is to be vnderstanden onely before iustyces ¶ The .xliiii. Chapitre COncernynge delayes in all maner of wryttes and attachementes it is thus prouyded that if the tenaunt or defendaunt after the fyrst attachement recorded do make defauâ—e that incontynent the great dystres shal be awarded And if the sheryf do not make suffycyent retourne by a certayne daye he shall be greuously amerced and if he retourne that he hath made execucyon in due maner and the issues delyuered to the suretyes then the sheryf shal be comaunded that he retourne issues at another daye before the iustyces and if the partye beynge attached come in at his daye to saue his defautes he shall haue the issues and if he come not the kynge shall And the kynges iustyces shall cause to be delyuered in the warderobe and the iustyces of the benche at Westmynster shall delyuer hym in theschequer and iustyces in eyer to the sheryf of the shyre where they plede aswell of that shyre as of foreyn shyres shal be charged therwith in somoÌ„s by the rolles of iustyces ¶ The .xlv. Chapitre IT is prouyded also and commaunded by the kynge that the iustyces of the kynges benche at Westmynster fromhensforth shall decyse all plees determynable at one daye before any matter be arrayned or plee comeÌ„ced the day folowyng except that theyr essoynes shall be entryd iudged and allowed and by reason herof no maÌ„ shal absent hymselfe but shall come at the day to hym lymytted ¶ The .xlvi. Chapiter IT is prouyded also that if any froÌ„ hensforth purchase a wrytte of nouell dysseson and he agaynst whome the wrytte was brought as pryncypall dyssesour dyeth before the assyse be passed that then the heyre shal haue his wrytte of entre vpon dysseson against the heyre of the dyssesour or dyssesors of what age so euer they be lykewyse the heyre or heyres of the dyssesye shall haue theyr wryttes agaynst the dyssesours or theyr heyres of what age so euer they be And if peraduenture the dyssesye chaunce to dye before he hath purchased his wrytte so that for the nonages of the heyres of the one partye or the other the wrytte be not abated nor the plee delayed but for asmuch as he may without offeÌ„dyng the lawe it must be hasted to make fresh sute after the dysseson And in lyke maner this ordre shal be obserued in al poyntes
or to do as is contayned in the wrytyng or leasse It is establyshed that after the two yeres passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye And if he agaynst whom the lande is demaunded come before iudgement and paye the atretages and the damages fynde sutetye such as the courte shall thynke suffy â–ª cyent to paye fromhensforth as is contayned in the wryttynge of his lesse he shall kept the lande And if he tarye vntyl it be recouered by iudgement he shal be barred for euer after ¶ The .v. Chapiter IT is prouyded also that a man froÌ„hensforthe shall haue a wrytte of waste in the chauÌ„cery agaynst hym that boldeth by the lawe of Englande or otherwyse for terme of lyfe or of yeres or a woman that holdeth in dower And who that is attaynted of waste shall lese the thynge wasted and moreouer shall recompence thryse so much as the waste shal be tared at for waste made in the tyme of wardshyp shal be done as is contayned in the great chartour the seconde chapitre that is to saye that he which dyd waste durynge the wardshyp sholde lese the warde it is agreyd that he shall recompence the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde ¶ The .vi. Chapiter IT is prouyded also that if a man dye hauyng many heyres of whoÌ„ one is son or doughter brother or suster nephew or nece and the other be of a further degre all the heyres shall recouer fromhensforth by a wrytte of mortdauncetour ¶ The .vii. Chapiter ALso if a woman sell or gyue in fee or for terme of lyfe suche lande as she holdeth i dower It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche woman shal immedyatly recouer by a wryt of entre in the chauncery ¶ The .viii. Chapiter IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do and that none froÌ„ hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. â— at the least And if he complayne of betyng he shall swere by his fayth that his playnâ— is true of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not so that if they be attaynted in the absence of the partye the sheryffe shal be commaunded to take them and shall haue lyke payne as the partyes shulde haue had if they had ben present at the iudgemâ—nt gyuen And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shal be gyuen them vnto the comyng of the iustyces errauntes and the defendauntes in the meane tyme shal be in peace in suche plees and other where as attachemeÌ„tes and dystresses do lye And if the defendaÌ„t â—ssoyâ—e hymselfe of the kynges seruyce and do not brynge his warraunte in at the day gyuen hym by the essoyne It is prouyded that he shall recompence the playntyf damages for his iourney .xx. â— or more after the discrecyon of the iustyces and at the leaste shal be greuously amerced vnto the kynge ¶ The .ix. Chapiter IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to inquere whyther he were stayne by mysfortune or in his defence or otherwyse without felonye And if he be in pryson before the comyng of the iustyces errauÌ„tes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundeÌ„ by the countre that he dyd it in his defeÌ„ce or by mysfortune then the iustyces shall do the kynge to wyte therof and the kynge shall take hym in his grace if it please hym It is prouyded also that no appeal shal be abated so sone as they haue ben but if the appellour declare the dede the yere the daye the howre the tyme of the kyng the towne where the dede was done of whose arme he was slayne the appeal shall stand in effect and shall not be abated for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done ¶ The .x. Chapiter UUhere as it is contayned in the statute of the kynge that nowe is that two parcenexs or two that holde in comen maye not forche by essoyne after that they haue one tyme appeared in that courte it is prouyded that the same be obserued aepte there where a man and his wyfe be impleded in the kynges court ¶ The .xi. Chapitre IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy oÌ„ and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demauÌ„dant optayneth the cause so that the termour may recouer by wryt of couenaunt the mayer and the bayllyffes maye inquere by good vye we in the presence of the termour and of the demaundant whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme and if it be founde by the inquest that the demaundant moued his plee vpoÌ„ good ryght that he had the iudgement shal be gyuen forth with and if it be founde by inquest that he impleded hym by fraude to make the termour lese his terme then shall the termour entdye his terme and the execucyon of iudgement for the demaundant shal be suspended vntyll the terme be expyred And in lyke maner it shall be of equyte before iustyces in such case if the termour do challenge it afore the iudgement gyuen ¶ The .xii. Chapitre IT is prouyded also that if a man be impleded for lande in the same cyte and doyth vouche a foreyne to warrauntye he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they surceasse in the matter that is before them by wrytte vntyll the matter of warrauÌ„tye be determyned before the iustyces of the benche And when the warrauntye shal be on s determyned before the iustyces of the benche then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee and a wrytte shal be awarded for the demauÌ„daÌ„t by the iustyces vnto the mayer and sheryfes that they passe further vpoÌ„ the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o â–ª the
and expedyent it shulde be to prouyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the fourme expressed in the dede of gyfte shal be obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen but that it shall remayne vnto theyr issue afâ—er theyr deathe or shall reuerte to the gyuer or his heyres if issue fayle so that there be no issue at all or if any issue be and fayle by death or heyre of tâ—e body of suche issue faylynge Nor the sâ—couÌ„d husband of such a womaÌ„ shall fromhensforthe haue any thynge in the land so gyueÌ„ after the death of his wyfe by the lawe of Englande nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce but immedyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen it shall retourne to theyr issue or to the gyuer or his heyre as before is sayd And forasmuch as in a newe case newe remedy muste be prouyded this maner of wrytte shal be gyuen to hym that wyll purchase it Precipe A. quam iuste c. reddat B. tale manerium cum pertinenÌ„quam C. dedit tali viro et tali mulieri et heredibus de ipsis viro et muliere exeunt vel quam C. dedit tali viro in liberum maritagium cum tali muliere et quam post mortem predictorâ— viri et mulieris predicto B. filio corundem viri et mulieris descendâ—â—e debeat per formam donacionis predicte vt dicit â—el quod C. dedit tali et heredibus de corpore suo exeunt et quod post mortem illius talis predicto B. filio predicti talis descendere debeat per formam c. The wrytte wherby the gyuer shall recouer when issue fayleth is comen ynough in the chauncery And it is to wyte that this statute touchynge alyenacyon of lande contrarye to the fourmâ— of the gyfte hereafter to be made shall holde place and shall not extend to gyftes made before And if a fyue beleuyed hereafter vpon such landes it shal be of no effecte in the lawe Nor such as the reuercyon belongeth vnto though they be of full age within England and out of prysone shall not nede to make theyr clayme ¶ The .ii. Chapitre FOr asmuche as lordes of fees dystraynyng theyr tenauntes for seruyces and customes due vnto them are many â—ymes greuyd because theyr tenauntes do repledge the dystresby wryt or without wrytte And wheÌ„ the lordes at the complaynte of theyr tenauntes do come by attachemente into the shyre â–ª courte â–ª or vnto another courte hauynge power to holde plees of whythernam do abuowe the takynge good lawfull in that the â—â—naunâ—â—s dysauowe and do dysclayme to hold awght of hym which toke the dystres and aduowed it he that dystrayned shal be amerced and the tenauntes shal be quyte to whome ponyshment can nâ—t be assygned for the dysadâ—owynge by recorde of the courte or of other courtes hauyng no recorde It is prouyded and ordeyned from hensforthe that where such lordes can not obtayne iustyce in such maner of courtes against theyr tenauntes as sone as they shal be aâ—tached at the sute of theyr â—enaunâ—es a wrytte shal be grauÌ„ted them to remoue the matter before the iustyces by whom iustyce may be gyuen to such lordes and afore none other the cause shal be putte in the wrytte because suche a man dystraynedâ—â— his fee for seruyces and customes to hym due nor this acte shall not be preâ—udycy all to the law comonly vsed wherby â—â— is prohybytte that no ple shal be remoâ—ed before iustyces at the sute of the defendaunt for though it appeare at the fyrste that the tenaunt is playntyf and the lorde defendant neuerthelesse hauynge respecte to that that the lorde hath dystrayned and suyth for seruyces and customes beyng behynd he aperyth in dede to be rather playntyf than defenbant and that the iustyces maye knowe vpon what freshe season the lordes may aduowe the dystres good and lawfull vpon theyr tenantes From hensforth it is agreyd and enacted that a dystres maye be aduowed reasonable vpon the season of any auncetour or predecessour syns the tyme that a wrytte of nouell dysseson hath runne because it chaunceth many tymes that the tenauÌ„t after he had repledged his beastes doyth sell theÌ„ wherby retourne can not be made to the lorde that dystrayned if it be adiudged It is prouyded that the sheryfes or bayllyfes from hensforthe shall not receyue of the playntyfes onely suretyes for the sute before they make delyuerauÌ„ce of the dystres but also for the retourne of the beastes if retourne be awarded And if any man take sureties otherwyse he shall aunswere for the pryce of the beastes and the lorde that dystrayueth shall haue his recouerye by wrytte that he shal restore vnto him so many beastes or catell And if the bayllyf be not able to restore his lorde shall restore And for asmuche as it happeneth somtyme that afâ—â—r the retourne of the beastes is awarded vnto the dystraynour and the party so dystrayned after that the beastes be retourned doyth repledge them agayne when he seyth the dystraynour appearyng in the court redy to aunswere hym do make defaute wherby retourne of the beastes is awarded agayne to the dystraynour And so the beastes be repledged twyse or thryse and infynytely and the iudgementes in the kynges couâ—â—e take no effecte in this câ— se wherupon no temedye hath ben yet prouyded In this case such processe shal be awarded that as sone as the retourne shal be awarded to the dystrayner by wryt of iudgemeÌ„t the sheryf shal be commaunded so make retourne of the beastes vnto the dystrayner in which wryt it shal be mencyoned that the sheryf shulde not delyuer them without wrytte in whiche it shal be mencyoned of the iudgement gyuen by the iustyces that can not be without a wrytte issuyng out of the rolles of the iustyces be fore whome the matter was brought Therfore when he cometh vnto the iustyces and desyreth repleuyn of his beastes he shall haue a wrytte of iudgement that the sheryf takyng suretye for the sute and also of the beastes or catell to be retourned or for the pryce of them if retourne be awarded shall delyuer vnto hym the beastes or catell before retourned and the distraynour shal be attached to come at a certayne day before the iustyces afore whoÌ„ the plee shal be broughâ— in presence of the partyes and if he that repledged make defaute agayne or for another cause retourne of the dystres beynge nowe twyse repledged be awarded the dystres shall remayne vnrepleuyablâ— but if a dystres be taken of newe and for a newe cause the processe abouesayde shal be obserued in the same newe dystres ¶ The .iii. Chapiter IN case when a man had lost by defaute the lande that he helde in
taken and imprysoned for murdre felonye and such as be not repleuysable contrary to the fourme of our statute made at westmynster of persones repleuysable and not repleuysable wherby such traÌ„sgressours not repleuisable be let out and for to delyuer them deceytfully before the comyng to the iustyces erraunt or other assigned for theyr delyuerauÌ„ce they procure by themselues and by theyr frendes iurours of the countre and some they threate wherby aswell for feare of the sheryfes other your let thym at large by suche pleuyn as for feare of the theues beyng so delyuered before iustyces assygned for gayle delyuerees suche felonyes and murdres are conceled and so beyng conceled remayne styll vnponyshed We for vâ—â—â—re of our realme for the more assured conseruacion of our peace haue prouyded ordeyned that iustyees assigned to take assyses in all shyres where they take assyses as it is ordeyned incoÌ„tyneÌ„t after the assyses taken in the shyres shall remayne both togyther if they be lay And if one of theÌ„ be a clerke then one of the more discrete knyghtes of the shyre beynge assocyate to hym that is a lay man by our wrytâ—e shall delyuer the gayles of the shyres as wel within the lybertes as without of al maner of prysoÌ„s after the fourme of the gayle delyueres of those shyres before tymes vsed And the same iustyces shall inquere then â—â— sheryfes or any other haue let out by a pleuyn prysoners not repleuyable or haue offended in any other thynge contrarye to the fourme of the foresayd statute lately made at westmynster they shall refourme and â—onyshe them in all thynges accordyng to the fourme of the statute aforesayd ¶ The .iii. Chapâ— ALso where we haue prouided that none shal be impanelled any wher out of the shyre where he is dwellyng in recognysaunces inquestes and iuryes that hath lesse then C. sÌ„ of land or rent wherby aswell they that haue more landes by to often apperynge aswell in our eschequer as before our iustyces of eyther benche are moche impoueryshed we therfore consyderyng the intolerable damage of our people not onely for the dyscharge of suche iurours but also for the more spedye mynistracion of iustyce to all partyes suyng in our courte haue prouyded and ordeyned that inquestes recognysauÌ„ces determynable before iustyces of eyther benche fromhensforthe shall be taken in tyme of vacacyon before any of the iustyces before whome the plee is brought beynge assocyate to one knyght of the same shyre where such inquestes shall passe oneles it be an inqueste that requyreth great examinacioÌ„ And so from hensforth in takyng suche inquestes the iustyces shal do as to them shall seme moste expedyent for the comoÌ„ v 〈…〉 e of our realme not withstandyng the statute lately made at westmynster vpon the takyng of such inquestes contaynyng that if any inquestes be taken coÌ„trary to the fourme of the sayd statute they sholde be of none effect And therfore we commaunde straytly chargynge the that incontynent without further delay thou shalt cause to be redde and publysshed in cytes borughes merchaunt townes and other solepmne places through out thy lyberte where thou shalt thynke moste necessarye all the artycles about sayd the which we haue graunted wyllyng them to be kept and obserued stedfastely and without contradiccyon and that thou notefye and declare all synguler the premysses to all our lyege people without delaye wytnesse cÌ„ ¶ Here endyth the statute of leuyeng fynes ¶ The statute of Carlyll made the xv yere of Edwarde the secounde THe kynge vnto the iustyces of his bench greatynge Where as of late we haue ordeyned that all suche fynes as are to be leuyed in our court be lawfully leuyed whiche we wyll in no wyse to be broken or to be adnulled of theyr power we haue sente vnto you our mynde in wrytyng firmely to be obserued that is to wyte that aswell the partyes demaundant or playn tyf as the tenantes or defendantes that wylyelde or knowledge ryght of landes or tenemeÌ„tes vnto other in plees of warrauntye of chartour couenaunt other wherupon fynes are to be leuyed afore you before such fynes do passe the parties shal appere personally so that theyr age idyocye or any other defaute beyng in them maye be iudged and dyscerned by you prouyded alway that if any persone agyd or decrepyte or impotent by casualtye be so oppressed holden that by no mean he is able to com before you in our courte then in suche case we wyll that two or one of you by assent of the resydue of the benche shall vysyte the partye so dyseased and shall receyue his recognysaunce vpon the plee and fourme of plee that he hath in our court wherupon the same fyne ought to be leuyed and if there go but one he shal take with hym an abbotte a pryour or a knyght a man of good fame and credence and shall certefye you therof by recorde so that all thynges incydente to the same fyne beynge eramyned by hym or them the same fynes accordyng to our former ordynaunce may be lawfully leuyed yet we wyll not that any of our barons of theschequer or our iustyces shall admyâ— any attorneys but onely in plees matters that passe before them in the benches and in places where they be assygned by vs. And the same power of admyttynge attornes we prohybytte denye to the clerkes and seruauntes of the sayd barons iustyces And do ordeyne that if any attourneys be admitted here after by any of the persones aforesayd theyr admyssyon shal be of none effecte Reserued alway in the chauncellour for the tyme beyng his authoryte in admyâ—tyng attorneys accordyng to whose discrecyon they shal be admytted to out those iustyces as heretofore hathe ben obuerued in the admyssyon of attorneys we wyll also that this our ordynaunce shall take effecte and begynnynge at the vtas of the Trinite nexte insuyng Gyuen in our parliameÌ„t at Carlyll the .xv. yere of our reygne ¶ Here endeth the sta of Carlyll ¶ The statute of defendyng ryght made the .xx. yere of Ed .i. WHeÌ„ that any purchaseth a wrytte agaynst the tenauntes by the curtesye in taylle in dower for terme of lyfe or of yeres and the demaundaÌ„t suyth so ferre that the landes be in maner recouered wherupoÌ„ another comyth in before iudgement gyueÌ„ sayth that he hath fee ryght in those laÌ„des prayeth the court that in asmuch as he is com before iudgemeÌ„t he may be receyued to defend his ryght to make aunswere vnto the demaundant therof by force of a certayne statute lately made by the kyng that now is at westmÌ„ wherby aswell such as had no ryght as they that had ryght oftentymes in the case afore mencyoned falsely and in deceyte of the courte dyd â—om in and pray to be receyued to make aunswere to the inteÌ„t that theyr admyssyon myght prolonge the demaundant froÌ„ the attaynyng vnto iudgement and season of his lande and for to
wherby he ought to be attendaunt and aunswerable to the same chyef lorde accordynge to the quantyte of the lande or tenemeÌ„t solde for the parcell of the seruyce so due ¶ The .iii. Chapiter ANd it is to be vnderstanden that by the sayd sales or purchases of landes or tenemeÌ„tes or parcelles of theÌ„ landes nor tenementes shall in no wyse come into mortmnayne neyther by pollecye ne crafte contrarye to the fourme of the statute made therupon of late And it is to wâ—te that this statute extendeth but onely to landes holde in fee symple And that it extendeth onely to the tyme comynge and it shall begynne to take effecte at the feaste of sayncte Andrew apostle nexte comynge youen the .xviii. yere of the reygne of kynge Edwarde sonne of kynge Henry ¶ Here endeth the statute of westmynster thyrde ¶ Here begynneth the statute of wynchestre made the .xiii. yere of Edwarde the fyrst FOr asmuch as from daye to daye robboryes murders burnyng and thefte be more ofteÌ„ vsed thaÌ„ they haue ben heretofore and felons can not be attaynted by the othe of iurrours whiche had rather suffer straungyers to be robbed so to passe without payne then to indyte the offendours of whome great parte be folke of the same countre or at the lest if the offendours be of another countre the receyuours be of places nere And they do the same because the othe is not put vnto iurrours of the same countre where suche felonyes were done and to the restitutyon of damages hytherto no payne hath ben lymytted for theyr coÌ„câ—lement and latches Our soueraygne lorde the kyng for to abate the power of felons hath establyshed a payne in this case so that fromhensforth for feare of the payn more then for feare of any othe they shall not spare any nor concele no felonyes And fromhensforth cryes shal be made in al countyes hundredes markettes fayres all other places where great resorte of people is so that none shal excuse hymselfe by ignoraunce that fromhensforth euery countre be so well kept that immedyatly vpon such robboryes and felonyes commytted freshe sute be made from towne to towne and from countre to countre ¶ The .i. Chapitre LIkewyse when nede requyreth inquestes shal be made in townes by hym that is lorde of the towne and after in the hundred and after in the fraunchyse and in the shyre and sometyme in two thre or foure shyres in case where felonyes be commytted in the marches of shyres so that the trespasours may be attaynted And if the countre wyll not aunswere for the bodyes of suche trespasours the payne shal be suche that is to wyte that the people dwellyng in thâ— countre shal be aunswerable for the robboryes done and also the damages so that the hole hundred where the robborye happenyth to be done or the fraunchyses beyng within the precynet of the same hundred shal be aunswerable for the robboryes done And if the robborye chaunce to be done in the diuysioÌ„ of two hundredes in suche case bothe hundredes and also the fraunchyses whiche be within the precyncâ—es of them shall be aunswerable And after that the felonye or robborye is done the couÌ„tre shal haue no longer space then halfe a yere within whiche halfe yere it shall behoue them to agre for the robborye or trespas or els that they wyll aunswere for the bodyes of the offendours ¶ The .ii. Chapitre ANd for asmuch as the kyng wylnot that his people shold be sodaynly im poueryshed by reason of this penaltye that semyth very harde to many the kynge graunteth that they shall not incurre it ymmedyatly but it shal be respyted vntyll the Easter nexte folowynge within whiche tyme the kynge maye see howe the countre wyll ordre themselues and whyther suche felonyes and robboryes do ceasse After which terme let them all be assured that the foresayd penaltye shall ronne generally that is to wyte that the people of the countre shal be aunswerable for felonyes and robboryes done among them ¶ The .iii. Chapiter ANd for the more suretye of the countre the kyng hath commaunded that in great townes beynge walled the gates shal be closed from the sonne restyng vntyll the sonne rysynge that no man do lodge in the suburbes nor in any place out of the towne from .ix. of the clocke vntyll day without his hoste wyll aunswere for hym the bayllytes of townes euerye weke or at the leaste euery .xv. day shall make inquerye of all persones beynge lodged in the suburbes or places out of the townes And if they do fynde any that haue lodged or receyued any straungyers or suspycyous persons coÌ„trary to this they shall do ryght therin And the kynge comaundeth that from hensforth all townes be kept as it hath ben vsed in tymes passed that is to wyte from the feaste of Ascensyon vnto Myghelmas in euery cyte .vi. men shall kepe at euery gate in euery borugh .xii. men in euery towne .vi. or .iiii. acordyng to the noumbre of the inhabitauntes of the towne and shall watche the towne all nyght from the sonne restynge vnto the sonne rysyng And if any strauÌ„gyers do passe by them he shal be arrested vnto mornyng And if no suspicion be fouÌ„de they shall go quyte if they fynde cause of suspeccyon they shall forth with delyuer hym to the sheryf and the sheryf may receyue hym without damage and shall kepe hym saufely vntyll he be acquyted in due maner and if they wyll not obey the arreste they shall leuye hue and crye vpon them and such as kepe the towne shall folowe with hue and crye with all the towne and the townes nere and so front towne to towne vntyll that they be taken and delyuered to the sheryf as before is sayd and for the arrestementes of suche straungyers none shal be ponysshed ¶ The .iiii. Chapitre ANd further it is comaunded that hygh wayes ledyng from one merchaunte towne to another shal be fromhensforthe inlarged where as bushes woodes or dykes be so that there be ney ther dyke tre nor bushe wherby any trespaser may eskape within CC. fote of eche syde the way so that this statute shall not extende vnto ashes nor vnto great trees for that it shal be vnderstanden clerely out of this And if by the defaute of the lorde that wyll not auoyde the dyke vnderwood or bushes in the maner aforesayd and robboryes be done therin the lorde shal be aunswerable for the felonye And if murdre be done the lorde shal be raunsomed at the kynges pleasure And if the lorde be not able to sell the vnderwoodes the countre shall ayde hym therin And the kynge wylleth that in his demean landes woodes within his forest and without the wayes shal be inlarged as before is sayd And if percase a parke be taken from the hygh waye it is requysyte that the lorde shall sette his parke the space of CC. fote froÌ„ the hygh waye as before is sayd or that he make such a