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

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shall chose whether she will haue that man that she furst maryed or an other that the kyng shall appoynt for her ca. vii ¶ Also non holdyng of the kyng in chief by knyghtes seruice may alyen part of his landꝭ except of the resydew mai be made seruice c. wythout the kynges licence c. ca. viii It is sayd that he cannot alyen any ꝑty without lycence c. the same law is though the land be hold in chife by socage as it is sayd ¶ Also of chirchis which be voyd of whō the aduousons long to the king and other haue presentyd so that there is a contention betwene the king and other if the kyng by consideracion of the court hath recoūid his presentacion though that the syx monythis be past no tyme ● shall roun whyle that neuer thelas the king di● present within the sayd tyme of syx monythis ca. ix ¶ Also the king shall haue the custodi of al natral folys taking the ꝓfettes of theyr landꝭ wyth out wast of whose fee so euer it be and after the deth of them shall yeld it to the next heyres so that by the same folys the landꝭ no wise shal be alyenyd ca. x. ¶ Also he shall ꝓuyd of the landꝭ of them that be lunatyk c that they may be kept wythout wast so that he and his household may be conpetētly susteynyd and the resydew shal be kept to they re vsis when they come to good memory and wythin the seyd tyme it shall not be sold yf they dye in such estate thā the residew therof shal be discributyd for the soulys of them by the counsell of the ordinarye ca. xi ¶ Also he shall haue wrek of the ●ee thorow out all the reame and whallys and s●●rgeons takyn in the see or in elles where wythin eng●lond except● in placys preuylegyd by the kyng capitulo .xii ¶ Also he shall haue eschetys of landes of normans of what fe so euer they be sauyng the seruis that ꝑteiīth to the lordꝭ of the fee cxiii this word eschete is intendyd as well of landes for faite bi porchase as of the landꝭ of any of them ¶ yf the kyngꝭ tennant dy● his heyre entre wythout sewyng lyuē c. ther is no fre hold growyn vnto hym and yf he dyeseysyd by the same tyme his wyfe shall haue no douer of the free hold c. but that is not vnderstād of socage and of small tenuris c.xiiii ¶ also he shal haue eschetꝭ of the lādꝭ of freholders of archebysshopis byssoppis when theyr tenanntꝭ be cōdempnyd for felonye don in the tyme of vacacon whyle theyr tēꝑaltes were in the kynges handes to gyf it to whom that he wyll for eū sauyng the seruyce which to the sayd plates therof belongyth hath be wont be don c. .xv. yf the kyng graunt a maner or lād with the pu●tenūces the knyghtꝭ fees the aduousones of churchis with theyr gyftes shall not pass except that expres mencyon of thē be made .c.xvi. ¶ Also he shall haue the goodes of felonꝭ cōdempnyd and fugytyue wher so euer they be found and yf they haue landes holdyn of other men the kyng shall haue the yere d●y the wast ● c. ● thā they shall be delūed to the lordꝭ c ca v●timo ¶ yf any man hold of any eschete as of the ho +nour of wallīgford c his heires shall giff no nother releue nor other seruice than he shuld do to a baron yf it were in a baron his handes magna carta cxxxi p̄senteinent ¶ The kyng shall take no tytlē of presentacion to no benefyꝭ ī an other his right of no tyme of his ꝓgenitours nor non that the p̄larꝭ no● iuggis shall do execuciō therof sauyng to the kyng and his ꝓgenitors p̄sentmētꝭ in others ryght in hys own tyme .xxv. E. iii. statnto d● clero c.i. ¶ Before that the kyng make collac or presenmēt ī a nothyr his ryght The title shal be well examynyd if it be found nor trew the sayd collacion or p̄sentmēt shal be repellyd and the patron or the clerk shall haue possession and as many wryttes of the chauncery as he wyll .xxv E iii. Statut de clero ¶ The persente of the kyng shall not be admyttyd to the church that is full of an encombent tyl the kyng hath recoūyd his presentacōn by ꝓces of the law .x. R. ii C. primo The encōbēt so put out shall cōmēce his suite when he wyll .iiii. h. iiii ca. xx p̄orite Loke for priorite in the tytle wardꝭ w .ii. C xvii ꝓces ¶ Somōuis and attachmētꝭ in ple of land shall coteyn the space of xv days at the lest after the cōmyn law yf he be not attachyd in assise in the presens of the kyng or in ꝑle before the iusty●● In eyre c. articuli super cartas ca. xv and for that cause in the kynges bench they makcattachemētes ī viii days or more or lesse that is by this statut ¶ They that be appellid by ꝓuours before the iustyce of geale de●yūe shal be put in the geale wythin the same counte where they dwell and yf they put them on the contrey they shall send to the shyryf where the felony was to make the Iurre to appere statut de appellatis .xxviii. E. primi ¶ Iustyce of peas or other determyner shall send capias for them that be indyted of felonye and an alias and in that shall be expressyd that the shiriff shall seise all his goodꝭ saue●● to kepe yf he than retorn a nichill than an exigent xxv E. iii. de ꝓuic C. xiiii ¶ yf the baylyffes that shuld accompt haue no thyng to be dystreynyd the parte shall haue attachement for his body m̄lebryg C. xxxiii and ꝓces of ●tlary is gyuin ī the same accion w. ii C xi ¶ ꝓces of vtlary is gyf●yn in dett detinue and takyng of bestꝭ as well as in accompt xxv E. iii de ꝓuic C. xvii Utlary of felony and treasondon by men of tyndall and examshyre shal be made at the commyn law and excutyd in the same fraunches by the mynysters of the same fraunches .ii. h. v.c.vii. And lyke remedy is giffin for mē of ryddesda e for felony and treason .ix. h. v.c.vii. ¶ vppon an endytement of treason or felony in the kynges bench wryttes of capias shal be dyrect as well to the shyryff where they were indited as to the shyryf where they be namyd cōteynyng the space of vi wekes or more by the discression of the iuggys or elles the exigent vtlary thy●ruppon is voyd to indure at the kynges wyll .vi. h. vi ca. primo loke for a lyke ordynaūce made for inditemēs appellys takyn in the connte of chester .vii. h● vi C. x. And also a lyke order for inditmentꝭ and appelles remouyd in to the kynges bench .x. h. vi c●vi loke ī the tytle laborers that a capias shal be awardyd agayns the
nor of the lād tyll that he hath takē his homag● And when he cōmyth to full age of .xxi. yere he shall haue his herytage without relef and without fyne magna carta ca. iii. ¶ The king shal not haue the warde of the heyre of lādys holdyn of any other by knyght seruyce by occasion of any tenur of vs by petyt serian tie magna carta ca. xxvii ¶ Euery lay man that is conuyct of the takyng away of a ward by strēgth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whā he cōmyth to full age he shal satysfie the lord as myche as he myght haue had for the maryage before that he receyue his landys marton tapi vi ¶ Theyrys shall be maryed without dyspergement magna carta ca. v. in fine ¶ yf the lorde marye the heyre where he is dysꝑgid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the ꝓfet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord frō his ward c. if the tenaūt enfeffe other by colucy on that shal not put the lorde frome his warde but the statute wyll that he shal not put out such feffes with out iugemēte shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age m̄lebryg ca. vi ¶ In a wryt yf ward of the def come not at the graūd dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thā he shal lose the poss●ssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ꝑ cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thā be maryed by theyr lordys where there is no disꝑgement than he shal hold the land tyl their age of .xxi. yere and aboue tyll that he hath reseyuyd the valew of the maryage westm i. ca. xxii ¶ yf the warden or chyeflord infeff any man of landys that is of the herytage of the chylde in his warde the heyre shall haue his recouere by assyse of nouell dysseysyn agaynst the warden the tenaunt and yf he recouer the seysyn shal be delyuered to the nexte frende to whom the herytage can not dissend to be answerable to the childe at his ful age the gardeyn shal lose durynge his lyfe the warde of the childe and all the remenauunte of the herytage and the warden that is ●ot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut b● takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resōmonyd at the sewt of the heyre yf it be the tytle of gyfte or sale than at the sewt of the excecutours and yf the defendaunte dye it shal be resōmonyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple b● of the ward of the land or the heyre or of both the resōmons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyuē within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act extēde not to any mā takyng any womā claymīg her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any lāde in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessiō c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defēdaūt shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon
ca ii●i ¶ The wardē in chyuallry shal sustein the howsys ꝑkes warens pondys myllys other thynges ꝑteynyng to the lande of the ysseus of thesame land shal yelde it to the heyre at his ful age storyd with cartꝭ and other thynges as he receyuyd it an● al this shal be obseruid of the kepers of archbysshoprykys byshoprykys abbays pryoris chyrches dyngnites being voyd which belōg to the kyng Sauynge that suche wardes may not be solde magna carta ca. v. and this statute is confyrmed w. i. ca. xxi ¶ The warden in socage shal do no waste ī the landes yf he do he shal yeld accompt to the heire at his full age merlbryg ca. xvii ¶ Fermers shall do no waste yf they do they shal yelde damage and be amercyed merlebryg ca. xxiii ¶ A man shal haue an accyon of waste agaynst the tenaunt by the law of england tenaunte for terme of lyfe or yerys or a Woman that holdyth in dower he that is attaynt of waste shal lose the thynge wastyd shal gyue treble damagys and of wast made in wardys it shal be done as it is cōteyned in magna carta also he shal lose to the heyre the damagys of the waste yf the losse of the warde be not suffycyent Glouc ca. v. ¶ Of waste done to any maner noysaunce frō hensforth there shal be no prohibicion but a sō●ons yf he come not than he shal be attachid and after that a dystres and yf he come not tha● a cōmaundement to the sheryf to go to the place to enquere of the wast and vpon that retorne to procede to iugement accordyng to the statute of Glouc. w. ii ca. xiiii ¶ Of tenauntꝭ that hold with oute dyuysion yf one do wast the other shal haue remedi by a writ of wast w. ii ca. xxii ¶ The heyr shal haue a wryt of wast as well of wast done in the tyme of his auncester as in his owne tyme of what age so euer he be or within warde or out of warde statutū de vasto .xx. E. i. tamen dicit quod non est statutum ¶ Of wast done by the eschetour in housis parkys and all other thynges which he hath in the kynges hādys he that fyndeth hymselfe greuyd shal haue a wryt of wast agaynste the eschetour or vnder eschetour and shall recouer such damagys as it was late ordeynyd of w●st done inwa●●dys articuli cleri ca xix ¶ Eschetours shall do no wast in parkis warē● nor other extorciōs to the damage of the heire 〈◊〉 the landꝭ beyng ī the kingꝭ hādꝭ xiiii E. iii. c.xi● ¶ Eschetours nor other wardeyn in tyme of vacacyon of the temparaltes shall do no waste no● dystruccyon to the hurte of the housys xiiii E iii. pro clero ca. iii. ¶ Eschetours shal kepe the lādꝭ seysyd in theyr handys by cause of warde withoute waste And that they shal haue no fee of wod veneson fyssh nor other thynge and the heyre shall haue his accyon of waste as well within age as of full age and shal recouer his treble damagys and the defendaunt shall haue .iii. yerys prysōment Also of other landys seysyd in the kynges handys by inquest of offyce this same ordynaunce shall holde place agaynste theschetours xxxvi E. iii● capitulum .xiii. ¶ A wryt of wast is mayntenable agaynste the fyrste lesse for terme of lyffe or yerys which haue lette ouer their estate yf they themselfe receyued the profettꝭ at the tyme of the wast xi h. vi ca. v ¶ yf a man make a feffement by dede or by fyne of landys holdyn by knightes seruyce or suffer ●ny recouere agaynste hym by truste and dye ●is heyre shall be inwarde c. And yf the warden make waste the heyre shal haue an accion of wast agaynste hym .iiii. h. vii ca. xvii wax chaundelers ¶ Euery parsō that worketh any wax shal take for the workyng of a .li. of wax candels images such like b●t iii.d except hersys vpō payn of forfetor of that that is put to sale or the valew therof And that the iustyce of pease mayrys baylyffꝭ stywardys of fraunches haue power to serche examyn it by the contrye by theyr dyscressyōs The .xi. H. vi ca. xii werys ¶ Loke for werys in the tytles hauins ryuers weyghtys mysurys ¶ One mysure of wyne shal be thorow oute all englonde and one mysure of ale And one misure of corne that is to sey the quater of lōdo● magna carta ca. xxiiii ¶ yt is ordeynyd that .iii. barly cornys drye an● round make an ynche and ●xii ynchys make a fote and .iii. fete make a yerd and fyfe yerdys and a half make a perch and .xl. perch in lenght .iiii. in brede maketh an acre of lande The ordynaunce of makynge yerdys and perchys ¶ The stādardys of the bussellꝭ galons yerdꝭ shal be sygnyd with the kynges seale in yryn dylygently and sauely kept vnder the payn of C. li and no mysure shall be made in the towne but it agre with the kingꝭ mysure and sygnyd with the cōmyn seale of the towne and examynyd by the mayre baylyffes And he that byeth or sellyth by mysure not sygny● shal be greuously amercyd And all the mysurys in euery twone shal be .ii. a yere serchid and seen he that is founde to bye by a greate mysure and to sell with the lesse shal be imprysonyd and greuously ponysshyd These stādardys of the busshell galon and yerde shal be in the kepyng of the mayre or baylyffꝭ .vi. men of the towne sworne before whom they shal be sygnyd Statut devlnis buss●llhys ¶ The englysshe peny which is callyd the sterlyng rounde and without clyppynge shall wey xxxii graynys of whete drye and in the my●dys of the ere and .xx. pens makyth an ounce and .xii ounces do make a posid viii.li make a galō of wyne .viii. galons of whete make a busshell of lōdō which is the .viii. part of a quarter The ordynauuce of makyng of money mysure ¶ The tresourer of ēglād shal make the stādard of busshels galons weyghtꝭ shall sēd thē ī to euery counte and there shal be .ii assygned to ponysshe them that sell by other mysurys whyche shall haue the fourth part of the fynys for theyr expens and none shal sel by busshel but yf it be markyd with the kynges seale .xiiii. E. iii. capitulo .xi. ¶ The cōmyssyon to asses mysurys weyghtꝭ is repellyd .xviii. E. iii. sta● ii ca. iiii ¶ The we●ghtes of wollys shal be acordynge to the standard of the eschekyr .xxv. E. iii sta de prodic ca. ix ¶ None sel by fals weyghtes nor mysurys vpō pa●ne of forfeytour to the kynge the valewe of the thyng solde and treble damage to the part● and the iustyce assygned haue power to enquere therof as well at the kynges sewt as at the sewt of the party therof to do
of the deth of any man ꝑishid he shal be takin imprisonyd also of all manslaughters burglaryes of men ꝑishid or slayn hue and crye shal be leueyd as it was wont in englond all shall folow the crye and the trace yf it may be and they that do not theron shal be conuict and attachid that they be before the iustice c. Tracta●● de officiis coronatorum ¶ Certeyn men shal be assygnyd to inquere of the defautis of the coroners and they shall make inquisicion by men of euery hundred and wapentak yf the coroners haue take any thyng for the doyng of theyr offyce and for not doyng of their offyce in euery poynt cetera Stat. Exon. yt semyth by the statute that the coroner shall take the goodꝭ of the felōs suspect delyuer them to the townꝭ to be kept and that he shall take as well appellis of rape as other appellis cetera ¶ Here you this syr coron that I. M. B. am ● theff of .ii. beoffis or some other best or a murderer of one man or many and a felon of our lord kyng henry kyng of englond and because I. haue done many yuellꝭ thefftis ī this his lād I. Abiure the lād of our lord kīg henry of englōd and that I. owe to hyeme toward the port of such a place whych thou hast gyffin me and that I. owe not to goo owt of the hye wey yf I. doo I. wyll that I. shal be takī as a theffe and felon of our lord the kyng and that at such a place I. shall seke my passage diligētly and. I. shall not byde there but one flod an Eb yf I. may haue passage and yf I. cā not haue such spede I. shall go euery day in to the see to the kneys wyllyng to passe and if I. may not wythin .xl. days cōtinually I. shall bryng my self f agayn in to the church as a theffe and a felon to our lord the kyng as so help me god holy iugement c. Tractatu de abiuracione latronum ¶ Coroners owght to certefye theyr inquisicions to the iustyce of the gaole delyuere next beyng in the counte after the inqisiciōs takī vppō paī C. s. also the coroner shall haue for his ●abour .xiij. s. iiij d whych shal be leueyd of the goodꝭ of hym that dyd the murder yf he haue any and yf he haue not and escape than it shal be leueyd of the mercyam̄tꝭ of the town wher any such murder happyth to escape .iii. henry .vij. Capitulo primo ¶ Coroners shall inquere vppon the syght of the body yf the m●rder where don by day and if they fynd it so the murderer be not takyn than it is an escape for the whych the town wher the murder was dō shal be amercid .iiij. h. vii Capitulo primo ¶ The coroner shall do his office vppon the body slain drownyd or other weys ded by mysaduenture vppon a request to hym made wyth owt any thyng takyng for his labour or yf hedo not or ellis take any thing that he shall forfeyt for eueri tyme .xl. s. j. h. viij Cap. vj. Corpus cum causa ¶ He that suith to defete an execucion by a statute of the staple and theruppon commyth in the chauncery by corpus cum causa and there hath a scir̄ fac agains the partie vppō the defeysaunce or such like he shall fynd surete as well to the parte as to the kyng seuerally .xi. hen vi Capitulo .x. Loke yf he shall do so in an audita querela by the equite cetera Cosinage In a wryt of cosynage ayl besayl the tenaūt shall sey that the demaundant is not next heyre of the same auncestour cetera w. ij Cap. xx as it is in mordauncetour at the comin law Countreple de voucher ¶ In a wryt of mordauncestour cosynage ayle nuꝑ obiit intrusion and other wryttis lyke yf the tenaunt vouch to warantie and the demaundant sey that the tenant or his auncestour whose heyre he is was the furst that enteryd after the deth of hym of whose seysyn he demanudyth the auermēt shal be reseynyd yf the tenaunt wyll abyde theron and yf not he shal be put to a nother answer yf he haue not hys warrante in presence that wyll warrant hym and incontynent enter in answer sauyng to the demaundant hys excepcions agayns hym yf he wyll vouch forther as he shuld haue before agayns the furst tenaunt cetera yet agayn in all maner wryttis of entre that make mencion of the degres that non from hens forth vouch owt of the lyue and in other wryttis of entre where no mencion is made of the degrees and in the vryt of ryght it is prouydyd that yf the tenaunt vonch to warrantye and the demaundant sey that he that is vouchid or his auncestours had neuer seisin of the lād or the tenemēt in demaund in fee nor in seruice by the hand of the tenaunt or his auncestours after the tyme of him of whose seseisin the demaundant declaryth vnto the tyme that the writ was purcheysyd and the plee mouyd by the whych he may auer the tenaunt or his auncestours feffours the auerment shal be reseyuid if the tenaūt wyll abyd therby vt supra sauyng to the demaūdāt c And the same excepcion shall haue place in a wryt of mordauncestour and other wryttis before n●myd as well as in wryttis that touch the ryght and ●f the tenaūt haue a dede of warr̄ of a nother mā other wyse his recouery shal be sauyd vnto hym by a wryt of warrant of charters when he wyll porchass it but that the playntef shall not be therbi delayed w. j. Ca. xxxix ¶ when so euer the tenaunt callyth any man to warrant and the demand conterpledith by the statute that he that is vouchyd nor non of his auncestours c. he shall haue the conterple bi the statut whether the vouche be absent or present for by the wordis of the statut of w. j. he shuld not haue had the conterplee yf the vouche had be present at the tyme of the voucher therefore this statute was made cetera Stat de vocat ad warr̄ The demandant shall haue the auermēt that the vouche is ded or that ther is non such c. xiiij E. iii. C. xvij Crosses ¶ yf a tenant put a cross on his house to be defendyd by hospitallis agayns theyr lordis it is inactyd that it shall rene to the lordꝭ lyke wise as of tenementis alyenyd to mortmayn w. ij Capitulo .xxxiii. Crykkis ¶ M●rchaundise shall not be chargid and dischargid in crykkis vppon pain of forfeture but by cohercōn of Tempest .iiij. h. iiii Cap. ix ¶ Merchaundise of the staple shippid in crykkis shal be forfeyt .xiiij. h. vj. Capitulo .v. Cui in vita ¶ yf aman lose by deffaut the tenem̄t that was his wyffis ryght the wyfe shall haue a wryt of cui
rate And from the myddes of Septembre to marche to be at theyr worke in the sprynge of the daye and departe not tyll nyght and that they slepe not by day but from the myddes of May to the myddes of August Also yf any artyfycer or labourer make any assaute or assymble to hurte any men that wyll coūtroll them here in to haue a yeres prysonement without bayl or maimp̄se and to fyne at the kynges wyll This acte to be proclaymed in euery good towne and boroughe ¶ Prouyded that this act extend not to mynours dyggers forsee cole or making of glasse nor for fynours workers labourers for tynne lede yron or syluer The .vi. H. viii ca iii. ¶ Also al artyficers labourers in london may take as they were wonte to do except they worke in the kinges workꝭ or out of the lybertes of the cyte and that the penalte cōprised in the said form̄ actes in the .vi. of h. viii vii of h. viii extēde but to the taker onely The vii h. viii ca. vi ¶ Other old actes were made consernynge labourers and artyfycers some in the t●me of kynge Edwarde the thyrde and in other kynges dayes after whē xx.d made an ounce of troye weyght and at those dayes the maister carpenteres thakkers and playsterers toke but iij.d a dayes founde them selfe for then they had as moche vytell for a peny as nowe for ii d and yet all is one in effecte for a peny at those dayes weyed two pens of the money that nowe is for nowe thre shelynges and foure pens goth to the o●●ce And yet they gafe as moche syluer at that tyme for a dayes worke as they do now at this daye Therfore all the sayd old statutes stand in lytell effect because the coyne is mynysshed chaūged Lancastre ¶ A man outlawed or put in exigent in lācastre shal forfeyte no landes nor tenememtes in other countes .xviii. Hen. vi capitulo .xiii. ¶ No forayne shal be maryed within the coūte of lācastre except the īditours may disped C. s. within the same coūte .xxxiii. h. vi Ca. vi Legacyes ¶ wydowes may beq̄th their cor●e as wel growyng on their dowres as on their other landes merton● Capitulo .ii. Letters patens ¶ If any mā make any suit to the kyng for any lande offyce or other thynge grau●ted by the kyng to any other durynge the kynges pleasure the ꝑson to whom it was graūted be alyue at the tyme of the suet made that thā he do expresse in his byll of petycyon or patent the tenour of the sayd former patent that the kynge hath determyned his pleasure agaīst the first patente or elles the seconde letters patentes of the premysses to be voyde The .vi. Henry .viii. cap. xv ¶ Loke more for this in the tytle of forfeytours and patentes Letters of marke● ¶ Letters of marke is grounded vppon the statute of magna carta Capitulo .xxx. ¶ Loke more for them in the tytle mark Libell ¶ The copye of the libell shal be delyuered to the deff in the spyrytuall court with out dyffyculte to the entent he may sue a prohibicion yf ●●de requyre .ii. Hen v. ca. iii. ¶ No lycence shal be graūted whiche shall be p̄iudycyall to the realm● the staple sauynge to the kyng auctoryte to modefy the statute by the aduyse of his coūseyll and sauynge to the marchaūtꝭ of geane venys tuskayn ● lomberdye ●lorence and catelyn to the burgeys of berwyk theyr̄ lybertes .xiiii Hen. vi Cap. ii ¶ All placardes made by the kynge to shote in crosbowes or hande gones be voyde The .xv. Henry .viii. ca. vii Limitacion ¶ In the declaracyon of a dystent in a wryght of ryght none shall demaūde of the se●syn of his aūce●tours of lenger tyme thā of kyng R. the .i. and that wrytes of nouell diss●●syn of purꝑtye called nuꝑ ob●t shal haue the tyme after the passage of kynge henry the thyrde in to gascoyne that the wrytes of mordauncestre Cosynage ayle bas●yle and wrytes of nieff shall haue the terme of coronement of the same Henry and not before w. i. ca. xxxviii Se the statute of merton that speketh of the same matter● ca. vii Liuerey of landꝭ● ¶ yf the eschetour sease lādꝭ in to the kyngꝭ hādes after by inqisicion foūd before hym it is foūde not holden of the kynge that than a wrytsh all go to the eschetour to take it out of his hādꝭ to deliuer it to him to whō it shuld come with the yssues and ꝓfettꝭ that he hath receyued c And if it be after foūd for the kyng of record in any court thā the sheryffe shal not yet seise the lāde again tyll the tenaūt of the land be warned by scire fac if he come not or come can not distroye the kyngꝭ tytle the kynge shall than sease it agayn he shal be answered of the ꝓfettes the meane whyle not withstandynge c. statu● lincoln̄ .xxix. Ed. primi ¶ yf landꝭ be seised in to the kyngꝭ handes and after of the kyngꝭ handꝭ put out because he had no cause to seise thē the issues shal be holy rendred to hym that had the damage articli super Cart. Capitulo .xx ¶ Euery eschetour minister whiche seiseth to the kyngꝭ vse any cites maners borowes townꝭ hūdredes or fraunchesles wherof ꝓfettꝭ come as from tyme to tyme all the yere longe as mylles her bage toll proffettes of courtes and other suche shall a●swere to the kynge after the rate according to the old course of the eschekir xxviii E. iii. Capitulo .iiii. ¶ All women beyng of the age of .xiiii. yere at the deth of theyr aūcestour whych hyld of the kyng shall haue lyuery of theyr landis out of the kyngis handis mayntenant .xxxix. henry .vi. Capitulo vltimo Lyuerey de companye ¶ Nō shall haue lyuery of a suite for maintenaunce and the iustice of assise shall inquere therof and of fraternites by such lyueres for mayntenaunce or confederecye .i. R. ii Cap. vii ¶ Non lesse thā a esquire shall vse liuerey of cōpany of any lord except he be cōtinually famy lyer ī office wyth the same lord iustice of peace shall ponyssh them .xx. R. ii Cap. ii ¶ No lorde shall gyue lyuere of company to no knyght esquier nor yoman saue oonly that the kynge shall gyue his honourable lyuere to his lordes temporall which shall please hym to his knyghtis and esquyers mannel● and to his knyghtis esquyers takyng f●e of hym for terme of lyfe and that such knightis esquiers were nat theyr lyuere in the countre but in the the kyngis p●esens And he that dothe contrary shall make fyne to the kynge And raunsome And the knyghtis and esquyers shall lose their lyuere and theyr f●e or euer and that none take lyuere of the kyng nor other vppon payne of a fyne as is before sayd ¶ It is prouided that the cōstable
without grace Eod. anno Cap. x. ¶ That no ꝑson within the cyte of londō nor vii myles of the same occupi as phesiciō or surgyō except he be apꝓbath by the bysshop of lō●on or deane of powles callynge to hī .iiii. doctors of phesyk and for surgery other expert persons in that faculte vppō payne of forfetor for euery moneth v.li the one half therof to the kīge the other half to hym that wyll sew by accyon of det wherin nother wager of law nor proteccyon shall be alowed and that no person in any other place occupy as phesycyon or surgiō except he be approbate by the bysshop of the dyosyce or by his vycar generall callynge to hym syche expert persons therin as he shall thīke conuenient and geffinge letters testimonyall to hym that they shall so approue vppon lyke payn to be leuyd as is before sayd Prouyded that this act be not preiudiciall to oxford or camebryge or to any priuileges grauntid to them The .iii. h. viii cap. xi Playes and gamys ¶ Laborers and seruaūtys that vse dyse and other sych gamis shall haue imprisonment of .vi. dayes and the sheryff mayrys bailyffys and cōstables haue power to execute it frō tyme to tyme and if they do not the sheryffmayre or balyffis shall forfeyt to the kynge for euery defaut● xx s. and the constable vi● s. viii d and the iustyce of assyse haue power to inquyre of theyr defautis and to certyfy it in to the chauncery The xi● h. iiii cap. iiii ¶ Noo gouern●r of howse tenement or gardein suffer wyllyngly any person to occupy to plaie at the classh keyles halfe bowle handyn hād out or quekbourd vppon payn of imprisonment by .iii. yeris or to forfeyt to the kynge or to the lord of the fee that hath catall felon̄ fugit x. li the one halfe therof to the kynge or to the lorde before sayd and the other halfe to hym that wyll sew by acciō of det where proces of vtlary shall lye and the parte that playeth shall haue imprisonment of .ii. yeris and shall forfeyt x.li the one half to the kinge or lord and the other to hym that wyll sew therfore by accion of det c. The .xvii. E. iiii cap. iii. ¶ No apprentyce nor seruaunt of husbādry laborer nor seruaunt artyficer play at the tablis tēnyse dyse cardis bowlys nor at none other vnlawful game owt of the tyme of Crystmas but for mete and drynke and in cristmas to playe onely in the dwelling howse of his mayster or in the presence of his mayster and he that doth other wyse shal be put in the stockys openly by a hole day and that the howsold where such vnlawfull gamis be vsyd be presentyd before the iustice of p●ase and the mayre or sheryf in hys tyme or stywardis or lete and no lesse fine be set than .vi s. viii d and lyke proces shal be made agains hym as is in an enditemēt of trespas and the iustice of pease wherof one shall be of the quorum to reiecte and put a way all vnlawfull al● howses by their dyscressiō The .xi. h. vii ca. ii and the .xix. h. vii cap. xii Plees ¶ All plees in eueri court of england shall be pledid shewed defendyd ansew●●d debatid and iuggyd in the englys tonge and that they shal be en●erid and in rollyd in latyn The .xxxvi. Ed. ii cap. vltimo Pore men ¶ It is agreed that pore men that haue cause to sew by the discressyon of the chaūceller shal haue wryttes oryginall sub pena owt of the chauncery with out any thyng payng and a clerke assyned by the chaunceller to wryt such writtys and also he shall assygne counsell and attorneys to thē cetera And when such a wryt is retorned before the king in his bench the iustyce there shall assy●ne them counsell attorneys and other offycers necessarys that shall do all thynges for them requysyte without any thīge takinge et cetera And the same lawe shall be holden in all courtys of recorde The .xi. h. vii capitulo .xii. Poope ¶ He that payeth to the pope for the fyrst frutys more than is wont to be payd shall forfayte to the kynge all that euer he may forfayt The .vi. h. iiij Capitulo .i. Prechers ¶ No prechers shall prech without licence of the ordynary of the place except personis priuylegid and curatis withī theyr ꝑissh .ii. hē iiii Capitulo .xv. prerogatyf of the king ¶ we shall not haue the custody of any land which is holden of an other by reson of any land which is holden of vs in socage or petyt seriaūtye or fee ferme but that fee ferme which makyth knyghtis seruis Magna carta Capitulo vigesimo quarto ¶ yf the kingis tenaunt hold any land of hym in chief by knightis seruyce he shall haue the ward of that and of all the landis holden of hī and of other for what so euer seruice c. if he dye seysyd except the fee of the byshop of canterbury and the byshop of durham the kyngis prerogat regis Capitulo .i. ¶ Also he shall haue the mariage of the heyr if he hold of eschet in the kingis handis or he shall haue the mariage by reson of the keping hauing no respect to the furst fefement though he hold of an other cap. ii ¶ Also he shall haue the furst seysyn after the deth of them whych hold of hym in chy●f of all the landis of which they dyed seysyd of whō so euer they hild ca. iii. It semyth that he shall haue the furst seys● though they hold of hym but in socage ¶ Also he shall haue the furst of all the landis whych be holden of hī in chief and that is vnderstand of landys and fees whych by reson of knyghtes fee of serīantꝭ f● or by the law were wont to be ī the kynges handꝭ m̄lebrige ca. xx● ¶ Also he shall assinge to wydows of such tennātes theyr dowres though theyr heyrys be of full age and if such widows mary them self without lycence c. he shall seise all theyr land til they make fyne at his wyll ¶ Also women that hold of the kyng in chief of what age so euer she be shall swere that they shall not mary them self wythout licence c. if they do the landes shal be taken into the kingꝭ hādes vntyll they haue made satisfaccion at his plesure ca. iiii loke how this is put in vre ¶ Also if inheritaūce which is holden of the kyng in chief do discend to ꝑten̄s then all shall make homage and the inheritaunce shabe ꝑted among them so that eūy for theyr ꝑte shall hold of the kyng● ca. vj. ¶ Also i● a woman befor the deth of her auncestors which hild of the kīg ī chief before yeris mariable be maried thē the kīg shall haue the custody of the body of that womā vntill the age that she may consent and then that she
the ānūciaciō mychelmas .ii. s. for fau● of paymēt to forfeyt vnto thē .xl. s yf the seyd wardēs of norwych com not thā they to forfeit to the inhabytaūce of lyn for euery defaut ●l s. for the which they may haue an accyon of dette where nother proteccyō essō nor wager of lawe shal lye ideo vide sta .xv. h. viii ca iii wollys ¶ The sak of wol shal cōtein xxvi stone euery ●tone xiiii.li and euery parson that passith out of the realme with wollys shal fynd good suerte to the customers before his passage to bryng at his fyrst cōmyng agayn for euery sake plate of syluer to the valew of .ii markꝭ the same plate he shal bryng to the kyngꝭ eschaūg there shal receyue his money that none coket any woll but he that oweth the woll vpon payne of forfeytour The xiiii E. iii. ca. vlti also the customers shall certifie the wardēs of the eschaūge at the towre of lōdō thre tymes by the yere that is to sey at the fest of the natyuyte of saynt Iohn̄ baptyst all seyntes cādelmas and yf the wardens reseue not the money They shal certifye to the barōs of the eschekyr which shal make ꝓces as wel agaynst the customers as agaynst the suertes to leuey it c. the same yere ca. vltimo ¶ The price o● the sortm of wollꝭ in eueri coūtre shal be abatyd defetyd And that euery mā as wel strāger as priuey may bie wolis as they may acorde with the seller the .xviii. E. iii. statut secūdo capitulo .iii. ¶ No wollys to be ●old shal lye within .iii. myle of the staple The .xxx. E. iii. ca. viii ¶ ●o īposyciō or charg be put vpō wollꝭ fel lede or ledyr otherwise thā the subsidy or custōe gra●●id to the kynge excepte it be by parliamente .xlv E. iij. ca. iii ¶ No denysin or forein make any refuse of wollys but code carde villeyn that none bye his wollys by these wordys good packīg nor other wordys lyke vpon payne of double damages to the parte greuyd the brokour shall haue halfe yerys prysōment The .xiii. R. ii ca. ix ¶ no denysī shal by wollys but of the owner of the shepe and tythe wol but in the staple that no denysyn regrate wollys nor marchaundyse of the staple vpō payne of forfeytoure of the valew of the thynge regratyd And the Iustyce of pease in the sessyōs shal enquere therof and shal ponyshe them bye the foreseyd payn no englyse man bye wollꝭ but to his owne vse as to sell it at the staple or to make cloth the xiiii R ii ca iiii ¶ no denizī brīg wolys wol fel leder nor led out of the realme vpō payn of forfeytour xiiii R. ii ca. v. ¶ Inhabytasitys at berwyk vpō twed may by wollys wol fell leder as wel of the growyng of tyndal other placys ●skotland as growynge in englond that is to s●y betwen the waters of twede and coket them to put to sale in berwycke ii H. v. capitulo vi ¶ No straunger shall force clacke nor berde no maner of wollys vpon payn of forfeytour of the double valew and imprisōment of his body and that no packer in winde the teson of the wol nor putte in the same lokkys poll wol yerth nor dyrt and the parte shal haue agaynst them an accyon of dysseyte at the cōmyn law .viii. H. vi ca. xxii ¶ Loke ii E. iiii c.i.ii.iii and loke for wollꝭ i● the tytle of marchauntys voucher ¶ yf a man vouch a forein to warraunt in londō the mayre aud the baylyffys shal adiourne the ꝑtes before the Iustyce of the bench and shal sende thydyr the record And the iustice shal sōmon the warraunt to plede before them and they shal cesse in london tyll the warraunte be determinid before the iustyce and whan it is determynyd it shal be seyd to the warraunt that he go in to londō to answer the cheffe ple the demaūt shal haue a wryte of the iustice to the mayre bailiffꝭ to go forth in the ple yf the demasidaūt recouer The tenauut shal haue a wrytte to the mayre and baylyffes to extende the landys lost to retorne the extent in to the bench and after it shal be cōmaūdyd to the sheryf where the warraūt was sōmonyd to make him to haue as mych land of his in valew and yf the tenaūt make defaut at the day gyuyn hym in the bench a wryt of instyces shal go from thēs to the mayre and baylyffes to take the lande in to the kynges handys by petit cape and to sōmon the tenaūt that he be at the● hustinges before the iustices which shal be aduysyd to gyue iugement of that defaut c. Statut. de for incecis vocat ad warraunt Sed vide statutū qr nō concordat in omnibus cū statut Gloucester ¶ Lokemore for voucher in the tytle lōdon and warantye wrecke ¶ where a man a dogge or a cat escapyth alyue out of the shyp or bot it shal be iuggyd no wrek so that the partye to whom the goodys belonge come within a yere a day he shal haue his goodys and yf not it shall remayn to the kynge or to the lorde c. w. prymer ca. iiii ¶ Loke more for wrek ī title m̄chaūtꝭ .xxvii. E iii. ca. xiii wryttꝭ ¶ If a wryt come in octabis sctī michaelis A day shal be gyuyn in octabis sancti hillarij yf inquindecīa sctī micha in .xv hillarij yf in tres septimanas sācti michaelꝭ in crastino purificacoīs be marie yf in mense mich in octabis purifica if in crastino aīarum in .xv pasche yf in crastino sctī martini in tres septimanas pasche yf in octabis sctī martini in mense pasche yf in xv sācti martini in quinque sep pasche there is a certayn day gyuen sp●cyally in crastino ascensionis dn̄i it vaylyth as muche as quinque septīas pasche yf in octabis scāti hillarii in octabis ●cti trinitatꝭ if in quindena sācti hillarii in xv sctī trinitatis and somtyme in crastino sancti Iohannis baptiste yf in crastino puri in octabis sācti iohānis yf in octabis pur in xv sācti iohānis yf in xv pasche in octabis sācti micha yf in tres septīas pasche in xv sācti micha yf in mēse pasche in tres septimas micha if in quinque septimas pasche or crastino ascēcionis donini in mēse sctī mich if in octab sctī mar in cristino aīarum if in xv sāctitrinj or in crastino scti iohānis in crastino scti martini 〈◊〉 in octab scti iohānis in octau sancti marti yf in xv scti iohānis in .xv. sācti marti Tractat vocat dies comunis in banco the days of a wryt of dower be abreggid by the statute of merle brig which seyth there shal be days gyuē iiii days in the yere at the lest .x. more if nede require therfor loke the statute ¶ Ther shal no wryt go forth vnder the small seale that towchyth the cōmyn law Articuli suꝑ cartas ca. vii ¶ No wryt shal go to the shyryf to take endytementꝭ .xxviii. E. iii. ca. ix ¶ All wyrttes of det accōpt suche other accyo●s shal be directyd to the shyryffes of that shyre where the cōtractꝭ were And yf in the plees of those wrytres it be declaryd the cōtract to be done in a nother coūte thā is cōteynid in the orygynal than the wryt shal be abatyd vi R. ii ca. iii vsury ¶ Usury shal not renne vpō the heyr within age so neuerthelas that for that the paymēt of the pryncypal with the vsury before the deth of the auncestour shal not remayn marton ca. v. ¶ yf a man take any money or other th●g for the lone of the money sauynge lawfull penaltes for nō payment of the same or yf a man sell goodys to any man being in necessyte thesame goody● afterward bye againe within .iii. monythis for a lasse some knowyng them to be the same goodys by hym solde or yf a man for the lone of his money haue landys or tenementes in perfyte suerty of his money without condycyō or aduenture forther couenaūtyth that he shal haue the ꝓfyte of the londys tenementꝭ tyll a certeyn tyme. c. this is vsery And he that is conuyct therof shal forfeyt the one halfe of the money or goodys so sold or lant And he that wyll sue by an accyō of det byl or informacyō in court of recorde shal haue the one halfe and yf none wylsew the kynge shall haue al the .x. H. vii c.viii this statute repellyth that stattue of vsury made the .iii. yere H vii ca. v. reseruyd alwey to spyritual Iurysdyciō theyr lawfull ponishmētꝭ in euery cause of vsury ¶ Loce more for vsury in the tytle of brokers vtlary ¶ The feffes of truste which bryng accyons to the vse of theyr feffours shal not be dysablyd nor barryd by any vtlary in those feffes allegyd .iii. H vii ca. xiiii ¶ yf any wyll defete any vtlary by wytnes he shal yelde hymselfe to pryson and than the parte shall be warnyd to come to maynteyn that the wytnes is not trew which shal be tryed and lyke wyse the kynges seruaūt and attorney shal be receyuyd yf it be at the kynges sewt v● E. iii. c.xiii ¶ Loke more for vtlary in the tytles exigēt charter de ꝑdon chestyrshyre and lancaster FINIS ¶ Enprynted in the chepe syde at the sygne of the mere mayde next to poulys gate the .xxii. day of Decēber in the .xix yere of the reyngne of oure souerayne lorde kinge Henry the .viii. ¶ Per me Iohannem Rastell A. D.MDXXVII Cum Priuilegio Regali Iohannes Rastell