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
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
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
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
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
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
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
lettres shall come greatyng Vnderstand ye that where as of late in the tymes of our progenytours sometymes kynges of Englande in dyuerse theyr parliamentes And lykewyse after that we had vndertaken the gouernauÌ„ce of the realme in our parlyameÌ„tes many artycles coÌ„teynyng dyuerse greeâ—es commytted agaynste the churche of Englande the prelates and the clergye were purposed further great instaunce was made that remedye myght be prouyded therin And of late in our parlyament holden at Lyncolne the .ix. yere of our raygne the artycles vnderwryten with certayne aunsweres made to some of them heretofore were rehersed before our counsell and haue made certayne aunsweres to be corrected and to the resydue of the artycles vnderwrytten aunsweres haue ben made by vs our counsell of which sayd artycles with the aunsweres to the same the tenors here do folowe Fyrste where laye men do purchase prohybicyons generally vpon tythes obuencyons oblacyons mortuaryes redemynge of penaunce vyolent layenge hande on clerkes or bygomes and in causes of dyffamacyon in which cases spiritual penaunce ought to be inioyned Our soueraygne lorde the kynge hath aunswered to this artycle that in tythes oblacyons obuencyons mortuaryes wheÌ„ they are purposed vnder these names the kynges prohybicyon shall holde no place althoughe for the longe witholdyng of the same the money may be estemed at a summe certayne But if a clerke or a relygyous man do sell his tythes being in his barne or other where to any man for money if the mony be demaunded before a spirituall iudge the kynges prohybicyon shal lye for by the sale the spiritual good are made temporall and the rythes turne into catelles Also if the debate do aryse vpoÌ„ the ryght of tythes hauynge his originall of the ryght of the patronage quaÌ„tyte of the same tythes do passe the .iiii. part of the goodes of the church the kynges prohibicyon shall holde place if the cause com before a iudge spiritual Also if a prelate enioyne a penaunce pecunyarye to any man for his offense and it be demauÌ„ded the kynges prohybicyoÌ„ shal holde place Nothwithstandyng if prelates enioyne a penaunce corporal and the partye wyl redeme such penaunces by money if money be demaunded before a iudge spiritual the kynges prohybicyon shal holde no place Moreouer if any lay vyolent handes on a clerke the amendes for the vyolence done shall be made in the kynges courâ—e And for excommunicacyon before a prelate where penaunce corporall is enioyned if the defendour wyll redeme his penaunce by gyuynge money to the prelate or to the partye greued it shal be requyred before the prelate and the kynges prohybicyon shall not lye In dyffamacyons also prelates shall correcte in maner aboue sayd the kynges prohybicyon notwithstandynge fyrste enioynynge a penaunce corporal which if the offendour wyll redeme the prelate maye frely receyue the money though the kynges prohybicyon be shewed Also if any do arere in his grounde a mylle of newe And after the persone of the same prelate demaundyth tythe for the same the kynges prohybicyon doth issue in this fourme The aunswere Quia de tali molendino hactenus decime non fuerunt solute prohibemus c. Et sententiam excommunicationis si quam hac occasione promulgaueritis reâ—â—â—eâ—is omnino In suche case the kynges wrytte or prohybicyon was neuer yet graunted by the kynges assente nor neuer shall whiche hath decreyd that it shall not hereafter in suche cases Also if any cause or mattyer the knowledge wherof belongyth to a courte spirituall and be dyffynytyfly determyned before a spyrytuall iudge so that it passe into a iudgement nor was not in suspens by reason of any appeall and afterwarde vpon the same thynge a case is moued before â— temporal iudge and betwene the same partyes it be prouyd by wytnes or instrumentes The excepcyon shall not be admytted in a temporall court The aunswere when any one case is debated before iudges spirituall and temporall as aboue aperyth vpon the case of layenge violent hâ—des on a clerke It is thought that notwithstandyng the spirituall iudgement the kynges court shall dyscusse yâ— same matter as the party shall thynk most expedyeÌ„â— for hymselfe Also the kynges lettre dyrected vnto ordinaryes that haue wrapped theyr clyentes in the sentence of â—xcommunicacyon that they shulde asseyle them by a certayne daye or els that they do appyere and shewe wherfore they haue excoÌ„municated theÌ„ The aunswere The kyng decreyth that hereafter no suche lettre shal be suffred to go forthe but in case where it is founde that the kynges lyberte is preiudyced by the excommunicacyon Also barons of the kynges eschequer challengyng by theyr pryuylege that they ought to make aunswere to nâ—maÌ„ out of the same place extend the same pryuylege vnto the clerkes abydyng there beynge called to ordres or vnto resydeÌ„ce and inhybytte the ordynaryâ—s that in any wyse or for any cause so longe as he is of the eschequer they shal not call them to theyr courtes The aunswere It pleasyth our soueraygne lorde the kyng that such clerkes as attend in his seruyce shal be corrected by theyr ordynaryes lyke as other but so longe as they are occupyed about his busynes they shal not be boundeÌ„ to kepe resydence in theyr churches This is put to of newe by the kynges counsell The kyng and his auncetours syns tyme out of mynde haue vsed that clerkes duryng such tyme as they are in his seruyce shal not be compelled vnto kepe resydence at theyr benefyces And such thynges as be thought necessary for the kynge and the comon welth ought not to be called preiudicyall to the lyberte of the churche Also the kinges offycers as sheryfes and other do entre spirituall fees to take distresses and sometyme they take the persones bestes in the kynges hyghe way where they haue nothynge but theyr glebe lande The aunswere The kynges pleasure is that from hensforth such dystresses shall neyther be taken in the kynges hygh way nor in the fees wherwith churches haue ben indowed neuer thelesse he wylleth dystresses to be taken in possessions of the church newly purchased by the persone Also when any that flye vnto the churche do abiure the realme accordynge to the custome of the lande and laye men or theyr ennemyes do pursue them and plucke them from the kynges hygh waye and are hanged or heded whylst they be in the churche are kepte in the churchyard with armed men and sometyme in the churche so straytly that they can not departe from the halowed grounde to emptye theyr belye and can not be suffred to haue necessaryes for theyr lyuyng Thaunswer They that abiure the realme so long as they be in the comen waye shal be in the kynges peace nor shal be dystourbed of any man when they be in the churche theyr kepars ought not to abyde in the churchyarde excepte necessyte or peryll of escape do requyre so And so longe as they be in the churche they shall not be compelled to auoyde but
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
an hole towne or a countre is deceyued by such craft and subtilitie Fyrst he that is conuyct shal be amerced and shall lese the thynge so bought that accordyng to the custome ordinauÌ„ce of the towne he that is conuycte the secounde tyme shall haue iudgement of the pyllorye At the thyrde tyme he shall be imprysoned â— raunsomed the fourth tyme he shall abiure the towne and this iudgement shal be gyuen vpon all maner of forstallours and lykewyse vpon them that haue gyuen them counsell helpe or fauour ¶ Finis ¶ The statute of pryses THis artycle concernynge pryses made by kyng Edwarde father to our soueraygne lorde the kyng that now is amonge other artycles made by hym in lyke maner for the amendemeÌ„t of his people at his parlyament at westmynster the .xxviii. yere of his reygne which artycle our soueraygne lorde the kynge wylleth for to be kept to the profytte of his people vpon the paynes conteyned in the same article For asmuch as there is a greate greuaunce in the realme and damages without measure for that that the offycers of the kynges housholde as wel alyens as denyzens make theyr pryses there where the passe through the realme and take the goodes of the people aswell spirituall as temporall without payng any thyng or much leser then the value It is ordeyned fromhensforthe that none shall make pryses for the kyng through the realme but the purueours for the kynges house for pryses that they shall make in the countre of meate or drynke and other necessarye thynges for the house they shal paye or agre with them of whom the thynges were taken and that all the kyngers takers purueyours shal haue fromhensforth theyr warraÌ„te with them of the kynges great or pette seale conteynyng theyr power the kynges wherof he shall make pryses or purueance the whiche warrante they shall shewe to them of whome they do make theyr pryses before they do take any thyng And that such takers or purueyours for the kyng shall not take any more then is necessarie or nedeful for the kynge his housholde and his chyldren And that they take no thynge for suche as be in wages nor for no other that he shall aunswer fully in the warderobe of the house without makyng any other where larges or lyaâ—â—â— of thynges takeÌ„ for the kynge And if any purueyour for the kinges house by warrant hath made pryses otherwyse then is lymytted before vpon complaynie made to the stewarde and to the treasourer of the kynges house the truthe shal be inquered and if he be attaynted therof agrement shal be made to the playntyfe ymmediatly and he shal be put out of the kynges seruyce for euer shall remayne in pryson at the kynges pleasure And if any make pryses without warrant and doyth carray them away agaynste the wyll of hym to whome the goodes dyd belonge he shal be arrested forthewith by the towne where the pryse was made and carryed vnto the next gaole and if he be therof attaynted he shal be ponyshed as he shuld be for felonye if the value of the goodes do so requyre ¶ Finis ¶ An ordynaunce of purchasyng lybertes made the .xxvii. yere of kynge Edwarde .i. IT is to be vnderstanden that the kynge ordeyned at westmynster the fyrste day of Apryll the .xxvii. yere of his raygne that such as wolde purchase a newe parke Men of relygion that wold amortyse landes or tenementes shulde haue wryttesout of the kynges chauncery for to inquere vpon the poyntes accustomed of suche thynges and that â—â— questes of landes or tenementes that be worth yerely more then .xx. li. that is to wyte by extente be retourned into the eschequer and there to make fyne for the amortizynges or for hauynge a parke if the inquestes do passe for hym that purchased them and afterward it shal be certefyed vnto the chauncellour or his depute that he take a resonable fyne therfore accordynge to the quantyte of the thynge and after to delyuer it In lyke maner they shall do that wyll purchase landes or tenemeÌ„tes holden of the kyng in chyefe Also folke dwellynge beyonde the see that haue landes tenementes or rentes in Englande and wyll purchase lettres of proteccyon or wyl make generall attorneys they shal be sent vnto the eschequer and there shall make theyr fynes and fromthens shal be sent vnto the chauncellour or his deputye for that that he ought to do therin In lyke maner they shall do that wyll purchase any fayre markette warreyn or any other lyberte Also suche as wyll purchase attermynement of theyr dettes shal be sent into the eschequer Also suche as be not able to trauaylle and folke that dwell in ferre countyes which plede or be impleded shal haue a wrytte out of the chauncery to some sufficyent man that shal receyue the attorneys when nede is And for a remembraunce of these thynges there is an indenture made dyuided into thre partes wherof one parte remayneth in the chauncerye another in theschequer the thyrde in the garderobe ¶ Finis ¶ A statute of the Leap yere made the .xxi. yere of K. Henry .iii. THe kynge vnto his Iustyces of the benche greatynge Knoweye that where within our royalme of Englande it was doubted of the yere and daye that were wont to be assygned vnto syke persones beynge impleded when and front what day of the yere goyng before vnto another day of the yere folowing the yere and daye in a leap yere ought to be takeÌ„ and rekened how longe it stode We therfore wyllynge that a conformyte be obserued in this behalf euery where within our realme and to auoyde all daungyer from such as be in plee Haue prouyded and by the counsell of our faythfull subiectes haue ordeyned that to esche we froÌ„ hensforthe all doubte ambiguyte that myght aryse hereupon the daye increasynge in the leap yere shal be accompted for ¶ A statute of the extente of a maner made the .iiii. yere of K. Edward the fyrst ⸫ FIrste it is to be inquered of castelles also of other buyldinges dyched about what the walles buyldynges tymbre stone leade and other maner of coueryng is worth And howe they may be solde accordyng to the very value of the same walles and buyldyng And for how much the buyldynges without the dyche maye be solde and what they be worthe with the gardeyns curtylages douehouses and all other issues of the courte by yere It is to be inquered also howe many feldes are of the demeanes and how many acres are in euery felde and what euery acre is worthe by the yere Also howe many acres of medowe are of the demeanes and howe muche euery acre by it self is worth by the yere to be let out Also howe many acres of pasture there be and for what beastes or catelles the same pasture is most necessarye and howe many it wyll fynde and of what maner and what the pasture of euery beast is worth to be
of dettes nor of other thynges but of such only as concerne them of the kynges house nor shall holde none other plee by oblygacyon at the determinacioÌ„ of the stewarde or the marshall And if they attempte any thynge contrarye to this ordynaunce it shall be holden as voyde And forasmuch as heretofore many felonyes that haue ben commytted within the vierge haue ben vnponished all because the coroners of the counâ—re haue not ben authorysed to inquere of felonyes done within the vierge but only the coroner of the kynges house which neuer coÌ„tynueth in one place by reason wherof there can be no tryall made in due maner nor the felons put in exigent nor outlawed nor no thynge presented in the circuyte the which hath ben aswel to the great damage of the kynge as to the dysturbaunce of his peace It is ordeyned that fromhensforthe in cases of the death of men wherof the coroners offyce is to make vyew inquest it shal be comauÌ„ded to the coroner of the couÌ„tre that he with the coroner of the kynges house shall do as belongyth to his offyce and enrolle it And that thynge that can not be determyned before the stewarde where the feloÌ„s can not be attached or for other lyke cause shal be remytted to the comon lawe so that exâ—gendes ontlawryes presentmentes shall be made therupoÌ„ in the â—â—rcuyte by the coroner of the â—tuÌ„re aswel as of other felonyes done out of the vâ—erge neuertheles they shall not omyt by reson hereof to make attachmentes fresheâ—y vpon the felonyes done 4. Moreouer no comoÌ„ plee shal be froÌ„hensforth holdeÌ„ in theschequer coÌ„trary to the fourme of the great chartour 5. And on the other partye the kynge wyll that the chauÌ„cellour the iustyces of his bench shall folowe hym so that he may haue at all tymes nere vnto hym sâ—â—e that be learned in the lawes which be able dâ—â—â—y â—â— ordre all suche matters as shall com vnto the court at all tymes when â—â—d◠〈…〉 quyre 6. 〈…〉 shall no wrytte froÌ„hensforth that 〈…〉 comon lawe go forth vnder any of the pâ—â—y seales 7. The constable of the castel of Douer shal not froÌ„hensforth holde any plee of a foreyn couÌ„tie within the castell gate except it towche the kepyng of the castell nor the sayd constable shal not dystrayâ— the inhabyâ—auntes of the fyue portes to plede any otherwhere nor otherwyse then they ought after the fourme of theyr chartours obtayned of kynges for theyr olde frauÌ„chyses coÌ„fermed by the greate chartours 8. The kynge hath grauÌ„ted vnto his people that they shall haue eleccyon of theyr sheryfe in euery shyre where the shryualte is not of fee if they Westâ—â— â— Capt. 58 lyste 9. The kyng wylleth comaundeth that no sheryfe nor bayllyfe shall impanell in inquestes iuryes ouer many persones nor otherwyse then it is ordeyned by the estatute that they shall put in inqueste suche as be nexte neyghbours most sufficyent lest suspicyous And he that otherwyse doyth be attaynted therupon shall paye vnto the playntyfe his damages double shal be greuously amerced vnto the kynge 10. In ryght of coÌ„spiratours false infourmours imbraceous of assyses inquestes iuryes the kynge hath prouyded remedy for the playntyfes by a wryt out of the chauncery And fromhensforth the kyng woll that the iustyces of eyther benche assygned to take assyses when they come into the cuntre to do theyr offyce shal vpon euery playnte made vnto them awarde inquestes therupon without wrytte and shall do ryght vnto the playntyfes without further delaye 11. And for because the kyng hath heretofore ordeyned by estatute that none of his mynistres shal take no ple for mayntenauÌ„ce by which estatute other officers were not boundeÌ„ before this tyme. The kynge wyl that no offycer nor any other for to obtayne part of the thyng in plee shall bere any matter that is in suyte Nor none vpon any such couenauÌ„t shall gyue vp his ryght to another if any do and be attaynted therof the taker shal forfayte vnto the kynge so much of his landes and goodes as doth amount to the value of the part that he hath purchased for such mayntenaunce And for this atteyndâ—e who so euer wyl sue for the kyng before the iustyces afore whoÌ„ the plee hangeth shal be admytted therto â–ª and the iudgement shal be gyuen by them But it may not be vnderstanden hereby that any persone shal be prohybytte to haue counsel of pleders or of lerned men in the lawe for his fee or of his next frendes 12. Fromhensforth the kyng wyl that such dystresses as are to be taken for his dettes shall not be made vpon horses of the ploughe so longe as they may fynde any other vpon the same payne that is ordeyned by the estatute And wyll not that to great dystresses be taken for his dettes nor dryuen to ferre and if the dettour can fynde able and conuenieÌ„t suretye for a daye within which a man may purchase remedie â—or to agree with the demaunde the dystres shall be relessed in the mean tyme and he that otherwyse doth shal be greuously ponyshed 13. And for asmuche as the kynge hath graunted the eleccyon of sheryfes vnto the comons of the shyre the kynge wyll that they shall chuse suche sheryfes that shall not charge them and that they shal not put any offycer in authoryte for rewardes or brybes And that they shall not lodge to ofte in one place nor with pore persones or men of relygion 14. Fromhensforthe the kynge wyll that his bayllewykes hundredes nor of other great lordes of the lande be not let to ferme at two greate soms wherby the people is ouercharged by makynge contribucyon to such fermes 15. In somons attachemeÌ„tes in plee of lande the wryttes froÌ„hensforth shall conteyne .xv. dayes full at the leste after the comoÌ„ lawe if it be not an attahcmeÌ„t of assyses taken in the kynges presence or of plees before iustyces iÌ„ eyre duryng the eyre 16. Suche execucion shall be done of them that make false retournes of wryttes wherby ryght is deferred as is ordeyned in the secound statute of westmynster with lyke payn at the kynges comaundemente 17. And for asmuch as there is more increase of malefactours in the realme then is expedient for the comon welth that robboryes murdres maÌ„â—laughters are comytted out of measure the peas lytle obserued by reason that the statute which the kyng not long past made at wynchestre is not obserued The kynge wyll that the same statute be sente agayne into euery countie to be red publyshed foure tymes in the yere kept in euery poynt as straytly as the two great chartours vpon the paynes therin lymytted And for the obseruyng mayntenauÌ„ce of this statute the knyghtes that be assygned in the shyres for to redresse thynges â—one agaynst the sayd great chartours shal be charged shall haue theyr warrante therfore 18. For redresse
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