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
dye And at the tyme of his deathe his heyre be of full age and oweth to vs relyef he shall haue his inherytannce by the olde relyef that is to saye the heyre or heyres of an erle for an hole eridom one hundreth poundes The heyre or heyres of a baron for an hole barronye one hundreth markes The heyre or heyres of a knyght for one hole knyghtes fee one hundreth â— at the most And he that hath lesse shall gyue lesse accordyng to the olde custome of the fees ¶ The .iii. Chapyter BVt if the heyre of any such be with in age his lorde shall not haue the warde of hym nor of his lande before that he take of hym his homage And after that suche an heyre hathe ben in warde when he is come to full age that is to saye to thage of xxi yeres he shall haue his inherytaunce without relyef and without fyne so that if such an heyre beyng within age be made knyght yet notwithstandyng his lande shall remayne in the kepyng of his lord vnto the fore sayd terme ⸫ ¶ The .iiii. Chapiter if she goo from the castell then a competeÌ„t house anone shal be prouyded for her in the which she may honestly abyde vntyll her dower be to her assygned as it is aforesayde And she shall haue in the meane tyme her reasonable estouers of the comen And for her dower shal be assygned the .iii. parte except she were indowed of lesse at the church dore No wydow shal be dystrayned to marye herselfe neuertheles she shall fynde suretye that she shal not marye without our lycense and assente if she holde of vs nor without the assent of the lorde if she holde of another ¶ The .viii. Chapiter UUe nor ower bayllyffes shall not sease any lande or rente for any dette as longe as the goodes and catalles of the dettour whiche be present do suffyse to pay the dette and the dettour hymselfe be redye to satysfye therfore nor the pledges of the dettour shal be distrayned as longe as the pryncypall dettour is suffycient for the payment of the dette And if the pryncypall dettor fayle in payment of the dette hauyng nought wherwith to pay or wyl not pay whear he is able ynough than the suretes shall aunswer for the dette And if they wyll they shall haue the landes and rentes of the dettor vntyl they be satysfyed of the dette whiche they before payed for hym except that the dettor can shew hymselfe to be acquyeted agaynst his sayde suretyes ¶ The .ix. Chapiter THe cyte of London shall haue all the olde lybertees and customes which it hath ben vsed to haue Moreouer we wyll and graunt that all other cyties borowghes townes and the barons of the .v. portes and all other portes haue all theyr lybertes and fre customes ¶ The .x. Chapiter NO man shall be dystrayned to do more seruyce for a knyghtê fee nor for any other freholde then is due therfore ¶ The .xi. Chapiter COmen plees shall not folowe our courte but shal be holden in some place certayne ¶ The .xii. Chapiter REcognysaunces of newe disseson and of mort dauncestor shall not be kepte but in theyr shyres and after this maner If we be out of the realme our chyef iustyces shall sende out other iustyces thorough euery countye ones in the yere whiche with the knyghtes of the shyres shal take the sayd assyses in those countyes and those thynges that at the comyng of our foresayd iustyces beyng sente to take those assyses in the countyes can not be determyned shall be ended by them in some other place in theyr circuyte And those thyngê which for dyffycultye of some artycles can not be determyned by them shal be referred to ower iustyces of the benche and there shal be ended ¶ The .xiii. Chap. ASsyses of darreyn presentement shal be taken alway before our iustyces of the benche and there shal be determyned ¶ The .xiiii. Chapiter AFreman shall not be amerced for a lytle faute but after the quaÌ„tyte of the faute And for a great faute after the maner therof sauyng to hym his coÌ„tenement or freholde And a merchaunt lykewyse shall be amercyed sauynge to hym his merchaundyse And any other maner vyllayn then owers lykewyse shal be amercyed sauyng his waynage if he fall into ower mercye And none of the sayd amercyamentes shal be assessed but by the othe of sad and honest men of the neyghbourhed Erles and barons shal not be amercyed but by theyr pyers and after the quantyte of theyr trespas No man of the churche shal be amercyed after the rate of his spirytuall benefyce but after his laye tenemeÌ„t and after the quantyte of his trespas ¶ The .xv. Chapyter NO towne nor freman shal be dystrayned to make brydges nor bankes but such as of olde tyme of ryght haue ben accustomed to make them in the tyme of kynge Henry ower graund father ¶ The .xvi. Chapitre NO banke shal be defendyd froÌ„hensforth but suche as were in defence in the tyme of kynge Henry our grauÌ„dfather by the same places and the same boundes as they were wont to be in his tyme. ¶ The .xvii. Chapiter NO sheryf constable eschetor coroner or any other our baylyffes shal holde plees of our crowne ¶ The .xviii. Chapitre IF any maÌ„ that holdeth of vs a lay fee do dye our sheryf or bayllyf do shewe our lettres patentes of our somons for dette which the dead man dyd owe vnto vs. It shal be lefull to our sheryfe or baylyffe to attache and arrest all the goodes and catalles of the dead man beynge founde in the sayd fee to the value of the same dette by the view and recorde of lawfull men So that nothynge therof shal be taken away vntyll we be clerely payed of the dette And the resydue shall remayne to the eâ—ecutours to perfourme the wyl of hym that is dead And if it be founde that he owyth nothyng vnto vs. All the goodes and catalles shall go to the vse of the dead man sauynge to his wyfe and chyldren theyr reasonable partes ¶ The .xix. Cha. NO coÌ„stable or his baylye shall take corne or other catall of any man for to vytayle his castell if the man be not of the towne where the castel is but he shall forthwith paye for the same onles it maye appere that the wyll of the sellar was to respyte the payment And if he be of the same towne the pryce of that corne or catall shall be payed vnto hym within .xl. dayes ¶ The .xx. Cha. NO constable shall dystrayne any knyght for to gyue money for kepynge of his castell if he hymselfe wyll do it in his propre persone or cause it to be done by another suffycient man if he may not do it hymselfe for a reasonable cause And if we do commaunde or send hym to our warres he shal be fre from castell warde for the tyme that he hath ben with vs in our hoste in fee for the which he
he wylleth to be obserued for euer more stedfastely inâ—yolably of all his subiectes aswell of hyghe as of lowe degree ¶ The fyrst Chapiter UUhere as at the tyme of an insurreâ—â—yon late moued within this realme and lykewyse after many great men and dyuerse other refusynge to be iustefyed by the kyng and his court lyke as they ought were wont in the tyme of the kynges noble progenitours also in his tyme â–ª but â—oke great ponyshmentes dystresses of theyr neyghbours of other vntyl they had ameÌ„des raunsom at theyr owne pleasure And further som of them wold not be iustefyed by the kynges offycers nor wolde not suffre them to make delyuere of suche dystresses as they had taken of theyr owne auctorite It is prouyded agreyd grauntyd that all persones aswell of hyghe as of lowe estate shall receyue iustyce in the kynges courte And none from hensforth shall take any such dystres of his owne auctoryte without award of our court though he haue damage or â—â—urye wherby he ought to haue amendes of his neyghbour other hygher or lower And vpon the foresayd artycle it is prouyded and graunted that if any from hensforth take such dystresses of his owne auctorite without awarde of our courte as be â–ª fore is sayd and be conuycte therof he shal be ponyshed by raunsome and that accordyng to the trespas And lykewyse if one neyghbour take a dystres of another without awarde of our court wherby he hath damage he shall be ponyshed lykewyse and that after the quantyte of the trespas And neuertheles suffycient and full amendes shal be made to them that haue sustayned losse by suche dystresses ¶ The .ii. Chapiter MOrcouer none of what estate so euer he be shall dystrayne any to come to his courte whiche is not of his fee or haue no iurisdiccyon ouer hym by reason of his hundred or baylewyke nor shall take no dystresses out of the fee or place where he hath no baylewyke nor iurisdyccyon And he that offendyth agaynste this statute shall be ponyshed in lyke maner and that accordynge to the quantyte of the trespas ¶ The .iii. Chapiter IF any of what estate so euer he be wyll not suffer suche dystresses as he hath taken to be delyuered by the kynges offycers after the lawe and custome of the realme or wyll not suffer somons attachementes or execucions of iudgementes gyuen in the kynges court to be done he shal be ponyshed in maner afore sayd as one that wyl not obey the lawe And if any of what estate so euer he be dystraune his tenaunt for seruyces and customê beyng due vnto hym or for any other thyng wherby the lorde of the fee hath cause to dystrayne and after it is found that that same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme but shal be amerced as hytherto hath ben vsed â–ª the tenaunt shall recouer his damages agaynste hym ¶ The .iiii. Chapiter NOne froÌ„hensforth shall cause any dystres that he hathe taken to be dryuen out of the countye where it was taken And if one neyghbour do so to an other of his owne auctoryte without iudgemeÌ„t he shal be raunsoned as aboue is sayd as for a thynge done agaynste the peaâ—e Neuertheles if the lorde presume so to do agaynste his tenaunt he shal be greuously ponyshed by amercyment onely Moreouer the dystresses shal be reasonable and not to great And he that taketh great and vnreasonable dystresses shal be greuously amerced for the excesse of suche dystresses ¶ The .v. Chapitre THe great chartour shal be obserued in all his artycles aswell in such as pertayne to the kyng as to other that shal be inquered afore the iustyces errant in theyr iourneys and afore the sheryfeâ— in theyr countyes when nede shal be And wryttes shall be frely graunted agaynste them that do offende before the kynge or the iustyces of the bench or be fore iustyces errant then they come into those partyes lykewyse the chartour of forestes shal be obserued in all his artycles and the offenders when they be coÌ„uyete shal be greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned ¶ The .vi. Chapiter AS touchyngr them that vse to infeâ—â—e theyr eldyst sones and heyres beyng within age for to defraude the lordes of the fee of theyr wardshyps It is prouyded and agreyd that by occasyon of any such feffement no chyef lord shall lâ—â—e his warde Moreouer of them that fayne â—aâ—se feffementes of theyr landes which they wold lâ—sse for terme of yeres for to defraude the chyef lordes of theyr wardes And it is conteyned in the feffementes that they are satysfyed of thoâ—e seruy 〈…〉 vnto them vntyll a certayne terme so that if such feffees are bounde at the sayd terme to pay a certayne sum to the value of the same landes or fer aboue so that after such terme the lande shall retourne to them or to theyr heyres because no man wylde contenâ—â—o holde â—â— vpon the pryce It is prouyded and agreyd that by such fraude no chyef lord shall lese his warde neuertheles it shall not be lefull to them to dyssease suche feffees without iudgement but they shall haue a wrytte for to haue such a warde restored vnto them and by the wytnesses contayned in the dede of feffement with other fre and lawfull men of the countre and by the value of the lande by the quantyte of the same payable after that terme it shal be tryed whyther such feffementes were made vpon confydence or by colusyon to defraude the chyef lordes of the fee of theyr wardes And if the chyef lordes in such cases recouer theyr wardes by iudgement the feffees shall neuertheles haue theyr accyon to recouer suche terme or fee whiche they had therin when the heyres come to theyr lawfull age And if any chyef lordes do malycyously implede suche feffees faynynge this case where the feffementes were made lawfully vpon truste then the feffees shall haue theyr damages awarded and theyr costes whiche they haue sustayned by occasyon of the foresayd plee and the playntyfes shal be greuously ponyshed by amercyment ¶ The .vii. Chapiter IN a comon plee of warde if the detorceours come not at the great dystrâ—es then the sayde wrytte shal be renewed twyse or thryse as it may be with in the moyâ—e of the yere folowynge so that euery â—yme the wrytte shal be red in the full shyre if the deforceour be not founde before and there openly be denounced that he maye come at the daye lymytted then if he be absent hymselfe so that he come not to aunswer within the sayde haâ—fe yere nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of
the fyrste daye that he is so moued nor caste no essoyne then he shal be attached at another day at which day if he come not nor caste none essoyne he shal be dystrayned by the great dystres aboue gyuen And if he come not then by his defauâ—e a wrytte shall go to the byshop of the same place that the clayme of the dystourbour for that tyme shall not let the playntyf sauyng to the dystourbour his ryght at another tyme when he wyll plede therfore The same lawe shal be obserued in makyng attachementes in all wryttes where attachementes lye as in makyng dystresses so that the secounde attachement shal be made by bettar sure tyes and afterwarde the laste dystres ¶ The .xiii. Chapiter ANd it is to be knoweÌ„ that after that a man hath putte hymselfe to any inqueste the whiche muste passe in suche wryttes he shall haue but one essoyne or defaute so that if he come not at the day gyueÌ„ to hym by the essoyne or make defaute the secounde daye then the inqueste shal be taken by his defaute and accordyng to the inquest they shall procede to iudgement And if suche inquest be taken in the shyre before the sheryf or coroner it shal be sente vnto the kynges iustyces at a certayne day and if the partye defendaÌ„t come not at that day then through his defaute another day shal be assygned to hym after the dyscrecyon of the iustyces and it shal be commaunded to the sheryf that he cause hym to come to here the iudgement if he wyll accordyng to the inquest at which daye if he come not through his defaute they shall procede to iudgement In lyke maner it shal be done if he come not at the day gyuen vnto hym by his essoyne ¶ The .xiiii. Chapiter COncernyng chartours of exempcyon lybertees that the purchasours shall not be impanelled in assyses iuryes and inquestes it is ê“uyded that if theyr othes be so requisyte that without them iustyce can not be done as in great assyses perambulacyons and in dedes or wrytynges of couenauntes where they be named for wytnesses or in attayntes in other cases lyke they shal be coÌ„pelled to swere sauyng to them at another tyme theyr foresayd lyberte and exempcyon ¶ The .vii. Chapiter IT shal be lefull to no man froÌ„hensforthe for any maner of cause to take dystresses out of his fee nor in the kynges hygh way nor in the comeÌ„ strete but onely to the kyng or his offycers hauyng specyall aucroryte to do the same ¶ The .xvi. Chapiter IF any heyre after the death of his auncetor be within age and his lorde haue the warde of his landes and tenementes if the lorde wyll not rendre vnto the heyre his land when he cometh to his full age without plee the heyre shall recouer his lands by assyse of mort dauncetour with the damages that he hath sustayned by such witholding syns the tyme that he was of full age and if any heyre all the tyme of his auncetors death be of full age and he his heyre apparaunt and knowen for heyre and be found in the inherytauÌ„ce the chyef lord shall not put hym out nor take nor remoue any thyng there but shal take onely symple season therof that he may be knowen for lorde And if the chyef lorde do put such an heyre out of possessyoÌ„ malyeyously wherby he is dryuen to purchase a wrytte of mortdauncetor or of cosynage then he shall recouer his damages as in assyse of nouell dysseson Of heyres which hold of the king in chief this order shal be obserued that our soue â–ª raygne lord the kyng shal haue the fyrst season of theyr landes lyke as he was wont to haue before tyme nor the heyre nor any other shall entre into the inherytaunce before he hath receyued it out of the kynges handes as the same inherytaunce was wonte to be taken out of his handes and his auncetors And this must be vnderstandeÌ„ of landes fees the whiche were accustomed to be in the kynges handes by reason of knygh tes seruyce or serâ—auntye or ryght of patronage ¶ The .xvii. Chap. IT is prouyded that if lande holden in socage be in the kepynge of the frendes of the heyre because the heyre is within age the kepars shall make no waste nor sale nor any dystruccyon of the same inherytaunce but sauâ—ely shall kepe it to the vse of the sayde heyre so that when he comyth to his lawfull age they shall aunswere to hym of the issues of the sayde inherytaunce by a lawfull accounte sauynge to the same kepars theyr reasonable costes nor the sayd kepars shall nether gyue nor sell the maryage of such an heyre but to the aduauntage of the sayd heyre but the next frendes whiche had his wardshyp for all that tyme that wryttes of impledynge dyd not lye shall haue suche wardshyp vnto the aduauntage of they re as is sayd before without waste sale or dystruccyon makyng ¶ The .xviii. Chapiter NO eschetour or iquysitor or iustyce specyall assygned to take assyses or to here determyne matters from hensforth shall haue power to amerce for defaute of comon somons but the chyef iustyces or the iustyces â—rrant in theyr iourneys ¶ The .xix. Capittell FOr essoynes it is prouyded that in shyre courtes hundredes courte barons or in other courtes none shall nede to swere to warrante his essoyne ¶ The .xx. Chapiter NOne from hensforthe excepte our soueraygne lorde the kynge shall holde in his courte any plee of false iudgement gyuen in his courte by his tenauntes for such plees specyally belong to the crowne and dignyte of our soue raygne lorde the kyng â–ª ¶ The .xxi. cha IT is prouyded also that if the bestes of any man be taken and wroÌ„gfully witholden the sheryf after complaynt made to hym therupon may delyuer theÌ„ without let or gaynsayenge of hym that toke the bestes if they were taken without his lybertees and if the bestes were taken within any lybertees and the baylyffes of the lyberte wâ—l not delyuer them then the sheryf for defaute of those bayllyffes shall cause them to be delyuered ¶ The .xxii. Chapiter NOne froÌ„hensforth shall dystrayne his freholders to aâ—swer for theyr freholde nor for any thynge touchynge theyr frehold without the kyngê wrytte nor shall cause his freholders to swere agaynst theyr wylles for no man ought to do that without the kynges commauÌ„dement ¶ The .xxiii. Capitter IT is prouyded also that if bayllyffes which ought to make accouÌ„t to theyr lordes do withdrawe themselues and haue no landes nor tenementes wherby they maye be dystrayned then they shal be attached by theyr bodyes so that the sheryf in whose baylewyke they be found shal cause them to cum to make theyr accounte Also fermers durynge theyr termê shal not make waste sale nor dystruccyoÌ„ of houses woodes and men nor of any thynges belongyng to the tenementes that they haue to ferme with out specyall lycense had by wrytyng of
benche that shall dyrecte a wryt vnto the mayer and sheryfes that if the tenaunte haue loste his lande that they shall cause the lande to be extended and valued shall retourne the extent at a certayne day in â—o the benche after it shal be commaunded vnto the sheryf of the shyre where the warrauntye was somoned that he shall cause the partye warranted to haue as moche of the lande of the warrantour in value as he lost ¶ The .xiii. Chapiter IT is prouyded also that after such tyme as a plee is moued in the cyte of London by wrytte the tenaunt shall haue no power to make any waste or estrypament of the lande beynge in demaund hangyng the ple if he do the mayer and sheryfes shall cause it to be kept at the sute of the demaundant And the same ordynaunce and statute shal be obserued in other cytâ—es boroughes euery where through out the realme ¶ The .xiiii. Chapitre THe kynge of his specyall grace graunteth vnto the cytezyns of LoÌ„don that where as before tymes they that were dyssesed of theyr freholde in the same cyte coude not recouer theyr damages before the comyng of the iustyces to the towre that from hensforth the dyssesyes shall haue damages by the same assyse wherby they recouered theyr landes And the dissesours shal be amerced by barons of the eschequer whiche shall resorte ones a yere into the cyte to do it And it shal be commaunded to the baroÌ„s and to the treasourer of theschequer that they shall cause it euery yere to be leuyed by two of them and the amercymentes by the somons of the eschequer to be leuyed to the kynges vse delyuered vp in the eschequer ¶ The .xv. Chapiter IT is prouyded also that mayers and bayllyffes before the comynge of the baroÌ„s shall inquere of wynes sold agaynste the assyse and shall presente it before them at theyr comyng and then to amerce the partyes where before tymes they taryed vnto the comynge of the iustyces errauntes youen at Gloucestre the .iiii. day of Octobre the .vi. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ Here endeth the statute of Gloucestre ¶ Exposycyons vpon the statute of Gloucestre AFterwarde by the kynge our soueraygne lorde and his iustyces certayn expo sycyons were made vpon som of the artycles about mencyoned and as to the fyrst artycle that for entrees by dysseson damages shall runne from the tyme of the statute publyshed lykewyse of wryttes of entre vpon dysseson of damages in all wryttes of mortdauncetour cosynage ayel and besayel of intrusyon by a mans owne acte by any maner of wrytte â–ª damagê shall â—uÌ„ne after the wrytte purchased agaynst that helde by statute all be it that theyr auncetours dyed seased therof Of inquerye to be made touchyng such as be within age the statute shall runne without lymytacyon of tyme of the alyenacyon of landes holden by the lawe of Englande the statute shall runne for suche landes beyng alyened after the tyme of the statute publyshed In lyke maner the statute shall extende and runne vpon the landes of a wyfe alyened by her husbande where as no fyne was leuyed and also vpon landes beyng let in fee ferme vpon condycyon to paye therfore yerely the fourth parte of the very value therof the statute shall runne and extend aswell vn to landes that were lessed before the makynge of the statute as after so that the tenauÌ„t hath witholdeÌ„ then by the space of two yeres more that he shulde haue payed vnto his lessour verely acordyng vnto the fourme of his couenaunt And as to the ponyshement of waste it shal be vnderstanden in all cases except it be of dowers and wardshyp of such wastes as were made syns the publyshyng of the statute And as concernyng them which do alyene theyr dowers it shal be alway vnderstanden after the publyshynge of the statute Gyuen at Gloucestre the sondaye nexte after the feaste of sayncte Peter ad vincula the .vi. yere of the reigne of kynge Edwarde the fyrst ¶ Here endyth the exposycyons vpoÌ„ the statute of Gloucestre ¶ The secounde statute of west mynster made the .xiii. yere of kynge Edwarde the fyrste WHere as of late our soueraygne lorde the kynge in the quynzieme of sayncte Iohan Baptyste the .vi. yere of his â—eygne callyng to gyther the prelates erles barous and his councell at Gloucestre and coÌ„syderyng that many of this realme were dysheryted by reason that in many cases where remedye shuld haue ben had there was none prouyded by hym nor his predecessours ordeyned certayne statutes necessarye and profytable for his people wherby the people of England and Irelande beyng subiectes vnto his power haue obtayned more spedye iustyce in theyr oppressyons then they had before and certayn cases wherin the lawe fayled dyd remayne vndetermyned som remayned to be inacted that were for the reformacyon of the oppressyoÌ„s of his people our soueraygne lorde the kyng in his parlyamente after the feaste of Easter holden the .xiii. yere of his reygne at westmynster caused many oppressions of the people cases where the lawe fayled for the accomplyshment of the sayd statutes of Gloucestre to be rehersed and therupon dyd prouyde certayne actes as it shall appere more playnly here folowynge FIrste concernyng landes that many ¶ The. I. Chapitre tymes are gyuen vpon condycyon that is where a man gyueth his lande to another and his wyfe to the heyres begotteÌ„ of the bodyes of that same man and wyfe with suche condicion expressed if that the maÌ„ and his wyfe dye without heyres of theyr bodyes betwen them begotten the lande so gyuen shuld reuerte to the gyuer or his heyre In case also where landes be gyuen in fre mariage which gyft hath a coÌ„dicyon auuered though it be not expressed in the dede as thus That if the same husbande wyfe dye without heyre of theyr bodies begotten the lande so gyue shall reuerte to the gyuer or his heyre In case also where a man gyueth lande to another and to the heyres of his bodye issuyng it semed very harde yet semeth to the gyuers and theyr heyres that theyr wylbeyng expressed in the gyft was not nor yet is not obserued In all the cases afore sayd after issue borne begotten betwene them to whom the landes were gyueÌ„ vnder such condicyon heretofore suche feffees had power to make alyenacyon of the lande so gyuen and to dysheryte theyr issue contrary to the myndes of the gyuers and contrary to the fourme expressed in the dede And further where the issue faylyng the lande so gyuen ought to retourne to the gyuer or his heyre by fourme of the gyfte expressed in the dede though the issue if any were by the dede and feffement of them to whome the landes were gyuen vnder suche condycyon were barred of theyr reuercyon whiche was dyrectely repugnauÌ„t to the fourme of the gyfte wherfore our soueraygne lorde the kynge consyderyng how necessarye
ryght of his wyfe â–ª it was very harde that the wyfe after the death of her husband had none other recouerye but by a wrytte of ryght wherfore our soueraygne lord the kynge hath ordeyned that a woman after the death of her husbande shall recouer by a wryt of entre wherto she coude not dysagre duryng his lyfe which shal be pleded in fourme vnderwryten if the tenant do except agaynst the demaunde of the wyfe that he entred by iudgemeÌ„t And it be founde that his entre was by defaute â–ª wherto the tenaunt myght be bound to aunswere if it were demauÌ„ded of hym â–ª then he shal be coÌ„pelled to make further aunswer and to shewe his ryghâ— accordynge to the fourme of the wrytte that he purchased before agaynste the husbande and the wyfe And if he can be ryfye that he hath or had ryght in the lande demaunded the woman shall gayne nothyng by her wrytte And if he can not shewe the woman shall recouer the lande beyng in demauÌ„de this beyng always obserued that if the husband absented hymselfe and wolde not defende his wyfes ryght or otherwyse iÌ„ his lyfe wolde not auÌ„swere if the wyfe dyd com in before iudgement redy to aunswere the demaundant to defende her ryght the wyf shal be admytted Lykewyse if tenant in dower tenant by the law of the lande or otherwyse for terme of lyfe or by gyfte wheruppon a reuercyon is reserued do make defaute or wyll surrendre theyr estate the heyres or they to whome the reuercyon belongeth shal be admytted to theyr aunswere if they com in before iudgemeÌ„t And if vpoÌ„ such defaute or surrendre iudgement hap to be gyueÌ„ then the heyres or they to whoÌ„ the reuercyon belongeth after the deathe of such tenauntes shall recouer by a wrytte of entre in whiche wrytte of entre lyke processe shal be obserued as is aforesayd in case where the husbande lesyth his wyues lande by defaute And so in the cases aforesayde two accyons do concure one betwen the demaundant and tenant and an other betwen the tenaunt shewynge his ryght and the demaundant ¶ The .iiii. Chapiter IN case when a man beynge impleded for lande gyueth vp the lande demaunded vnto his aduersarye by collusyon after the deathe of the husbande the iustyces shall awarde the wyfe her dower if she demauÌ„de it by a wrytte but in case when a man â—â—syth by defaute the lande beyng in demaunde if the wyfe after the death of her husbande demaunde to be indowed and it is founde that by som iustyces dower was awarded to the demaundant notwithstandynge the defaute whiche her husbande made before the other iustyces beyng of the contrary opinion and awardyng the contrary to the entente that from hens for the suche doutes or ambyguytes shall be taken away and put in certayn It is prouyded that in bothe cases the woman demaundyng her dower shal be herde and if it be alledged agaynst hyr that her husbande loste the lande wherof the dower is demaunded by iudgement wherby she ought not to haue dower And if it be inquyred by what iudgemeÌ„t it be found that it was by defaute wherunto the tenant muste aunswere then it behouyth hym to aunswere further and to shewe that he had ryght and hathe in the fore sayd lande accordynge to the fourme of the wrytte that the tenaunt before purchased agaynst the husbande and if he can proue that that the husband of such wyfe had no ryght in the landes nor none other but he the tenaunt shall go quyte and the wyfe shal recouer naught of her dower which thyng if he can not shewe the wyfe shall recouer her dower And so in these cases in certayne other folowyng that is to say when the wyfe beynge indowed lesyth her dower by defaute and tenantes in fre maryage by the lawe of Englande or for terme of lyfe or in fee taylle dyuerse accyons do concurre for suche tenantes when they demauÌ„de the lande loste by defaute and when it is come to that poynte that the tenant muste be compelled to shewe his ryght in asmuche as the lawe wyll not compell them to make aunswere with them to whom the reuercyou belongeth and therfore they are suffered to voucheor call to warrauntye accordyng to the tenour of the wrytte as if they were tenauntes and if they haue a warrantye when the warrantour hath warranted the plee shall passe betwene hym that is sesyd and the warrantour accordyng to the tenour of the wrytte that the tenant purchased before and by which he recouered by defaute so from many accyoÌ„s at length they shall resorte to one iudgement whiche is this that eyther the demauÌ„dantes shall recouer theyr demauÌ„de or that the tenantes shall go quyte And if the accyon of suche a tenant whiche is compelled to shewe his ryght be moued by a wrytte of ryght though that the great assyse or batayll can not be ioyned by the wordes accustomed neuertheles it may be ioyned by wordes conuenyent and vsed for when the tenant in that that he shewyth his ryght which agreyth with the wrytte that he before purchased is in stede of a demaundaunt the warrantour maye well defende the ryght of the tenant which cometh in place of the demaundant as before is sayd and to alledge the season of his auncetour and to defende it by the body of a fremaÌ„ or puâ— hymselfe in the great assyse and pray recognysaunce therof whyther he hathe more ryght to the lande beynge in demaunde or els the partye before named or it maye be ioyned otherwyse by the great assyse and so the warrâ—â—our may defende the ryght and knowledge the season of his auncetour and putte hymselfe in the great assyse c. and pray recognysaunce to be made whyther he hath more ryght in the foresayd land as in that wherof he infeffed such a man or that suche a one relessyd and quyte clay med c. or els the foresayd partye c. And where sometymes it chauÌ„cyth that a wyfe whiche is not indowed of the lande of an heyre beynge within age doythe purchase a wrytte of dower agaynst the keparâ— the kepar indowyth the wyfe by fauour or makyth defaute or defendyth suche maner of fayned plee by collusyon wherby the wyfe is a warded her dower in preiudyce of the heyre It is prouyded also and enacted that when the heyre comyth to full age he shall haue an accyon to demaunde the season of his auÌ„ccTour agaynst the wyfe lyke as he shuld haue agaynst any other deforceour prouyded alwayes that that the wyfe shall haue excepcyon agaynste the demaundant to shewe that she had ryght â—o her dower which if she caÌ„shew she shal go quyte and retayne her dower and the heyre shal be greuously amerced accordyng to the dyscrecyon of the iustyces but if the heyre doo recouer his demaunde c. lykewyse the wyfe shal be ayded if the heyre or any other doo implede her for her dower or if she
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
sayd And the merchauÌ„t shal fynde hym bread and water the merchaunt shall haue such season in the landes and tenemeÌ„tes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the dâ—tte be payd And as sone as the dette is leuyed the bodye of the dettour shal be delyuered with his landes and in suche wryttes as the chauncellour doyth awarde mencyon shal be made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shal be afore the iustyces if agrement be not made and if the sheryfes do not retourne the wrytte or do retourne that the wrytte came to late or that they haue dyrected it to the bayllyfes of some frauuchyse the iustyces shall do as it is contayned in the statute of westmynster And if the sheryf retourne that the bettour can not be founde or that he be clerke the merchauntes shall haue wryttes to all the sheryfes or he shal haue the lande and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent to holde vnto hym his assygnes in the fourme aforesayd at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye and to retayne iÌ„ maner afore sayd and the kepar of the pryson ought to take hede that he muste aunswere for the bodye or for the dette and after that the dettours landes be delyuered to the merchauÌ„t the dettour may lawfully sell his land so that the merchaunt haue no damage of the approwemeÌ„tes and the merchauntes shall always be allowed for theyr damages and all costes labours sutes delayes expenses reasonable And if the dettour fynde suretyes which knowlege theÌ„selues to be pryncypall dettours after the day passed the sure tyes shal be ordered in all thynges as is sayd of the pryncypal dettour as to the arrest of body delyuere of laÌ„des other thynges And when the landes of the dettours be delyuered vnto the merchauÌ„te he shall haue season of all the landes that were in the hande of the dettour the day of the recognysauÌ„ce made in whose handes so euer that they com afterward eyther by feffement or otherwyse and after the dette payed the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours And if the dettour or his suretyes dye the merchauÌ„t shall haue none authoryte to take the body of his heyre but he shall haue his landes as before is sayd if he be of age or when that he is of full age vntyl suche tyme as he hath leuyed of the landes the amountaÌ„ce value of the dette And also anotheâ— seale shal be prouyded that shall serue for fayres and the same shal be sente vnto euery fayre vnder the kynges seale by a clerke sworne or by the kepar of the fayre And of the comynalte of London two merchauntes shall be chosen that shall swere and the seale shal be opened before them and the one pece shal be delyuered vnto the foresayde merchauntes the other shall remayne with the clerke And before them or one of the merchauntes if bothe can not attende the recognysaunces shal be takeÌ„ as before is sayde and before that the recognysaunces be inrolled the payne of the statute shall be openly redde before the dettour so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe and to maynteyne the costes of the sayd clerke the kyng shal take of euery li. i. d. in euery towne where the seale is except fayres where he shal take .i. d. ob of the li. This ordynauÌ„ce and acte the kyng wyl leth to be obserued froÌ„heÌ„s forth throughout his realme of Englande Irelande amonges the whiche people they that wyll may make such recognysaunces excepte Iuys to whome this ordynaunce shall not extende and by this statute a wrytte of dette shall not be abated the chauncellour iustyces of eyther bench iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made but the execucyon of recognysaunces made before them shal not be done iÌ„ the fourme afore sayd but by the lawe and maner before vsed and otherwyse prouyded in other statutes Rex vic salutem Quia coram tali maiore vel custode talis ville vel coram custode sigilli nostri de mercatoribus in nundinis de tali loco et tali clerico nostro A. recognouit debere B. tantuÌ„ quod soluisse debuit tali die et tali anno quod idem B. nondum soluit vt dicit Tibi precipimus quod corpus predictâ—… A. si laicus sit capias et iÌ„ prisona nostra saluo custodiri facias quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus Scire facias iustie nostris apud westmonasteriuÌ„ per litteras tuas sigillatas et habeas ibi hoc breue Teste â–ª c. ¶ Here endyth the statute of merchauntes The statute of relygyous men WHereas of late it was prouyded that relygyous meÌ„ shulde not entre into other mens fees without specyall lycense of the chyef lordes of whome such fees be holden immedyatly And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them and somtyme receyuyng of the gyft of other men wherby the seruyces that are due of suche fees which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen And the chyef lordes do lese theyr eschetes of the same we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates â—ries barons other our subiectes beyng of our couÌ„sell haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any laÌ„des or tenemeÌ„tes or vnder the colour of gyfte or lesse or that wyll receyue by reason of any other tytle what so euer it be landes or tenementes or by any other crafte or engyn wyll presume to appropre to hymselfe vnder payn of fortayture of the same wherby such landes or tenementes may any wyse come into mortmayne we haue prouyded also that if any persone relygyous or other do presume eyther by crafte or engyn to offend agaynst this statute it shal be leful to vs and other chyef lordes of the fee ymmedyate to entre in the lande so alyened within a yere from the tyme of the alyenacyon to holde it in fee and as inherytauÌ„ce And if the chyef lorde ymmediate be necglygent wyll not entre within the yere then it shal be lefull to the nexte chyef lorde immedyate of the fee to entre in the same lande within halfe a
yere next folowyng to holde it as before is sayd And so euery chyef lorde ymmedyate may entre in suche landes if the next lorde ymmedyate be necglygent to entre in suche landes as before is sayd And if all the chyef lordes of suche fees beynge of full age within the .iiii. sees out of pryson be necglygent or slack in this behalfe we ymmedyatly after the yere accomplyshed from the tyme that such purchases gyftes or apê“priacyoÌ„s happe to be made shall take such landes and tenementes into our hande shall infesse other therin by certayne seruyces to be done to vs for the defense of our realme sauyng the chyef lordes of the fees wardes eschetes other seruyces due therunto due accustomed And therfore we comaund you that ye cause the foresayd statute to be redde before you fromhensforthe to be kept firmely obserued Wytnesse of myselfe at westmynster the .xiiii. daye of Nouembre the .vii. yere of our raygne ¶ The statute of Champartye made the .xi. yere of Edward the fyrst UUhere it is coÌ„teyned iÌ„ our statute that none of our court shulde take no plee for champartye or mayntenauÌ„ce neyther by craft nor engyn pleders at torneys apprentyces stewardes of noble meÌ„ bayllyfes other of our realme take matters for champartye by other debates all maner of plees agaynste all maner of persons wherby al the realme is greatly greued aswell ryche men as pore be troubled many wayes It is prouyded by comoÌ„ accorde that all such as froÌ„hensforthe shal be attaynted of suche part takyng sutes bargaynes And all suche as do assent therto shall haue thre yeres imprysonmeÌ„t for all that shal be rauÌ„somed at the kinges pleasure GyueÌ„ at Berwyk vpoÌ„ twede the .xi. yere of the raygne of kyng Edward the fyrst ¶ The statute for vyew of frankpledge made the .xviii. yere of Edwarde the secounde FIrste you shall say vnto vs by the othe that you haue made if all the iurours that owe sute to his courte becomen and which not And if all the chyef pledges or theyr dosens be come and whiche not And if all the dosens be in the assyse of our soueraygne lorde the kynge and whiche not and who receyued them and if there be any of the kynges vyllayns fugytyfe dwellyng other where then in the kynges demeanes and of such as be within the kynges demeanes and haue not abyden a yere and a daye And if there be any of the lordê vyllaynes in fraÌ„kpledge otherwhere then in this court Of customes seruyces due to this court withdrawen howe and by whome and in what bayllyfes tyme. Of purprestures made in landes woodes and waters to the annoyaunce of walles houses dykes hedges set vp or beten downe to the annoyaunce Of boundes withdrawen taken away Of wayes and pathes opened or stopped of waters torned or stopped and brought froÌ„ theyr ryght course of breakers of houses and of theyr receyuors of comen theues and of theyr receyuours of pety brybours as of gese hennes or shewys of theuys that stele clothes or shefes of such as go iÌ„ message for theues of cryes leuyed and not pursuyd of blodshed and of frayes made of eskapes of theues or felons of persones outlawed not hauynge the kynges warraunte of wymmen rauyshed not presented before the corowners of clyppers and forgers of money of treasour founde of the assyse of bread and ale broken of false measures as of bushelles galons yerdes and elles of false balaunces and weyghtes of such as haue double measure and bye by the great and sell by the lesse Of such as contynually haunt tauernes and no man knowyth wheron they do lyue of such as slepe by daye watch by nyght and fare wel and haue nothyng of cloth sellars curryours of lether dwellynge out of merchauÌ„t townes of such as take church or churchyarde and after depart without makyng lassesse of persons imprysoned and after let go without mayn prys of such as take doues in wynter by dorefalles or engyns And of all these thynges you shall do vs to wyte by the othe that you haue taken ¶ Here endeth the statute of vyewe of Frankpledge ¶ Here begynneth the statute of bread and ale made the .li. yere of kynge Henry the thyrde WHen a quarter of wheate is sold for .xii. d. then wastell bread of a ferthynge shall waye .vi. li. .xvi. sÌ„ Bread coket of a ferthing of the same corne and bultell shall waye more then wastel by .ii. s. Coket bread made of corne that is of lesse pryce shal way more then wastel by d. sÌ„ A symnell of a ferthyng shall way .ii. sÌ„ lesse then wastel Bread made of the hole wheat shall waye a coket an halfe so that a coket shall waye more then wastell by .v. sÌ„ Bread of trete shall waye .ii. wastelles Bread of comen wheat shall waye .ii. great cokettes when a quarter of wheat is solde for .xviii. d. a wastel lofe of a ferthyng shal way .iiii. li. x. sÌ„ .viii. d. when a quarter of wheat is sold for .ii. sÌ„ then a wastell lofe of a ferthynge shall waye .lxviii. sÌ„ When it is solde for .ii. d .vi. d. liiii sÌ„ .iiii. d. ob qÌ„ when for .iii. sÌ„ xlviii sÌ„ when for .iii. sÌ„ .vi. d. xlii sÌ„ when for .iiii. sÌ„ xxxvi sÌ„ when for .iiii. sÌ„ .vi. d. xxx sÌ„ when for .v. sÌ„ xxviii sÌ„ .ii. d. ob when for .v. sÌ„ .vi. d. xxiiii sÌ„ .viii. d. qÌ„ when for .vi. sÌ„ xxii sÌ„ .viii. d. when for .vi. sÌ„ .vi. d. xix sÌ„ .xi. d. when for .vii. sÌ„ xix sÌ„ .i. d. when for .vii. sÌ„ .vi. d. xviii sÌ„ .i. d. ob when for .viii. sÌ„ xvii sÌ„ when for .viii. sÌ„ .vi. d. xvi sÌ„ when for .ix. sÌ„ xv sÌ„ qÌ„ when for .ix. sÌ„ .vi. d. xiiii sÌ„ iiii d. ob qÌ„ when for .x. sÌ„ xiii sÌ„ .vii. d. ob when for .x. s .vi. d. xii s .xi. d. qÌ„ when for .xi. s. xii sÌ„ .iiii. d. qÌ„ when for .xi. s .vi. d. xi s .x. d. when for .xii. s. xi s .iiii. d. And then a baker of euery quarter of wheat as it hath ben prouyd by the kynges bakers may gayne .iiii. d. and the branne and .ii. loues for auauntage for thre seruauntes .i. d. ob for two laddys ob in salte ob for knedyng ob for candell qÌ„ for woode .ii. d. for his bultell ob when a quarter of wheat is solde for .iii. sÌ„ or .iii. sÌ„ and .iiii. d. And a quarter of barley at the pryce of .xx. d. or .ii. sÌ„ And a quarter of otys at .xvi. d. then brewars in cytes ought and may well aforde and sell .ii. galons for .i. d. And out of cytes they may sell .iii. or .iiii. galons for .i. d. ¶ Here endeth the statute of assyse of bread and ale ¶ Artycles for the clergye made the ix yere of Edward the secouÌ„d EDwarde by the grace of God kyng of EnglaÌ„d c. Vnto all to whome these our presente
cause those demaundantes to replede of newe wher by such demaundantes are greatly deferred in the case aforesayd for to recouer theyr ryght in the kynges courte by reason of such malyce aswel by mystakyng of the sayd statute of for any other cause iuste and reasonable And this is vsedâ— founde dayly before our iustyces in consyderacyon wherof our soueraygne lord the kynge for to withstande all such malyce in the foresayd case and intendyng to prouyde a remedye therin in his full parlyament hath ordeyned and froÌ„hensforth commaundyth straytly to be obserued that is to wyte the moneday nexte after the feaste of the purificacyon of our lady the .xx. yere of his raygne that if any before iudgement in the aforesayd case cometh in by a colleraterall tytle â–ª and desyreth to be receyued before his receyte he shall fynde suffycient suretye â–ª as the courte wyll awarde to satysfyâ— the demaundaÌ„t of the value of the issueâ— of the landes so to be recouered from the daye that he is receyued to make aunswere vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant And if the demauÌ„dant recouer his demaunde the defendour shal be greuously amerced if he haue wherof And if he haue not he shal be imprysoned at the kynges pleasure And if he can proue his right to be as good as he afâ—â—r at such tyme as he was receyued he shal med go quyte Finis ¶ The statute of vouchers made the .xx. yere of Edwarde the fyrst WHere as the tenaunt in a plee reall heretofore had vouched one to warrauntye and therupon the demauÌ„dant wyl auerre that he nor none of his auncetours syns the tyme that the auncetour of the demaundant was seasyd was in possession of the sayd landes nother in demean nor in seruyce if the partye that is vouched be present and wyll warrauÌ„ â–ª tyse the lande frely vnto the tenauÌ„t such aucrremeÌ„t of the demaundant hath not ben vsed to be admytted except the partye vouched had ben absent and that by reason of a certayne statute of the kynges lately made amongest other statutes of westmynster fyrste wherfore our soueraygne lorde the kyng consyderyng the fraude deceyte and malyce and also his owne damage and dysherytynge of his crowne that in the sayd case hath many tymes happened in his courte and dayly doyth where as some holdynge of the kyng in chyef by an hole baronye in a ple hangyng before the iustyces of the benche vpon theyr demaunde do vouch partycularly knaues vnknowen strauÌ„gyers whiche they wyll brenge forth of whome neyther they nor theyr auncetours had neuer any thynge in the landes that they haue warraunted nor in any other landes or tenementes within his realme neyther in demean nor in seruyce as hath ben testefied by dyuerse of the kynges subiectes so that by suche cautell fraude and malyce the same tenauntes holdyng by an entyer baronye do defraude the kynge of the amercymeÌ„t that they shulde incurre if the demaundant shulde recouer agaynst them And lykewyse when such persons haue warraunted that is to wyte euery one for his porcion that he ought to warraunt he may defende hymselfe by the body of his seruauÌ„t procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batayâ—lâ—s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demauÌ„dantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demauÌ„dant can not haue his auerrement against such warrauntours when they be vouched in fourme aforesayd because the warrauntours be present and wyl warrantyse frely by his comen couÌ„sell hath ordeyned and fromhensforth that is to say from the feaste of S Hyllarye the .xx. yere of his raygne he hath straytly commaudded that who so euer tenaunt do vouche and the demaundant wyll auerre in fourme before rehersed his aucrrement shal be admytted whyther the party vouched be absent or presence without any respecte therunto ¶ Here endeth the statute of vouchers ¶ The statute of yorke made the .xxi. yere of kynge Edwarde the fyrste FOr asmuch as much people of the realme of Englande Irelande hau heretofore manye tymes suffered greate myschyef damage dysherytaunce by reason that i dyuerse cases where the lawe fayled no remedye was purueyd And also for as muche as some poyntes of the statutes heretofore made had nede of exposycyon our soueraygne lorde the kynge desyrynge that ryght be done to his people at his parlyament holden at yorke the .iii. weke after the feaste of S. Myghell the .xiii. yere of his raygne by the assent of the prelates erles barons and the comynalte of his realme there assembled hath made these actes and statutes here folowyng the which he wylleth to be straytly obserued in his sayde realme and land Fyrst for dyuerse myschyefes that where tenauntes in an assyse of nouell dysseson myght not make attorneys heretofore it is agreyd that the tenauntes in assyses of nouell dysseson from hensforthe maye make attourneys yet the kynge intendyth not hereby that the tenauntes and defendauntes in assyses of nouell dysseson shall plede by bayllyfes at theyr owne pleasure as they haue done heretofore it is agreyd that when a dede reÌ„lesse acquytaunce or other wrytyng be denyed in the kynges courte wherin wytnesses be named processe shal be awarded for to cause such wytnesses to appere as before hath ben vsed so that if none of them come in at the great dystresse retourned or if it be retourned that they haue nothynge or that they can not be founde yet the takyng of the inqueste shal not be deferred by the absence of such wytnesses And if the wytnesses do come in at the greate dystresse and the inquest for some cause remayneth vntaken the wytnesses that come in shall haue lyke day gyuen them as is assygned for the takynge of the inqueste at which daye if the wytnesses do not appere the issues that were fyrst retourned â–ª vpon them shal be forfayte And the takyng of the inquest shall not be deferred because of theyr absence And for absence of wytnesses dwellynge within fraunchyses where the kynges wrytte origynall doth not lye the takyng of an inqueste shall not be deferred And where it is contayned in a statute made at westmynster the secound daye of Apryll the. xxvii yere of the reygne of the kynges father that nowe is that inquestes and recognysaunces taken before the iustyces of eche benche sholde be taken before any iustyce of the places accompanyed with som knyght of the shyre where such inquestes happe to be taken if they haue not nede of great examinacion And that in such inquestes the iustyces shall do as they shall thynke most expedyent for the weale of the realme the which statuteth a bettar declaration It is agreyd that inquestes and iuryes that happe to be taken hereafter in plees of lande that requyre not great
that they be shall swere lykewyse that they shall not marye themselues without the kynges lycense And if they do theyr landes and tenementes shal be taken in lyke maner into the kynges haÌ„des vntyl they haue satysfyed at the kynges wyll ¶ The .iiii. Chapitre ANd if one inheritaunce that is holden of the kynge in chyefe dyscende to many partyners then all the heyres shall do homage to the kyng and the same inherytaunce so holden of the kynge shal be deuyded among those heyres so that euery of them after that shal holde theyr parte of the kynge ¶ The .v. Chapiter IF a womaÌ„ before the death of her auncetour that helde of the kynge in chyef be maryed before she be maryable then the kynge shall haue the warde of the bodye of the same woman vutyll she be of age able to coÌ„sent and then she may chuse whyther she wyll haue hym to whome she was fyrst maryed or hym that the kynge wyl offer her None that holdeth of the kynge in chyef by knyghtes seruyce may alyene the more part of his landes so that the resydue therof be not suffycyent to do his seruyce excepte he haue the kynges lycense but this may not be vnderstanden of membres parcelles of such landes ¶ The .vi. Chapitre OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made ¶ The .vii. Chapitre OF churches beyng vacaunt the aduousons wherof beloÌ„g to the kyng and other present to the same wherupoÌ„ debate aryseth betwene the kynge and other if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym so that he present within the space of syx monethes ¶ The .viii. Chapitre THe kynge shall haue warde of the landes of naturall foolys takyng the profyttes of them without waste or dystruccion and fynde to them theyr necessaryes of whose fee someuer that the landes be holden And after the death of suche idiotes he shall rendre it to the ryght heyres so that suche idiotes shall not alyene nor theyr heyres shal be dysheryted ¶ The .ix. Chapitre ALso the kyng shall prouyde when any that before tyme hath had his wytte and memorie happeÌ„ to fayâ—e of his wytte as there are many per lucâ—da interualla .i. by euydent spaces that theyr landes tenementes shal be saufely kept without waste or distruccioÌ„ and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same and the resydue besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto theÌ„ when they come to ryght mynde So that suche landes and tenementes shall in no wyse be alyened And the king shal take nothyng to his owne vse and if the partye dye in suche estate then the residue shal be distrybute for his soule by aduyse of the ordinarye ¶ The .x. Chapiter ALso the kynge shall haue wrek of the see thorough out the realme whales great sturgeons taken in the see or els where within the realme excepte in certayne places pryuyleged by the kynge ¶ The .xi. Chapiter ALso the kynge shal haue escheates of the landes of Normans to whose fee someuer they belonge sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inherytaunce discendyth to any that is borne â—n the partyes beyonde the see whose â—â—ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kynges of Fraunce and not of the kynges â—â— Englande as late it happened by the baronye of Monmouth after the death of Iohan of Monmouth whose heyres were of Brytayne and other places Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men and gaue them to be holden of the chyef lordes of the fee by seruyces and customes due and accustomed therunto ¶ The .xii. Chapitre UUhen any that holdeth of the king in chyef dyeth and his heyre entryth into the lande that his anncetour helde of the kynge the day that he dyed before he hath done homage to the kyng and receyued season of the kyng he shal gayne no freholde therby and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym Wherupon it was agreyd that his wyfe shulde not be indowed because that her husbande had not his entre by the kyng but rather by intrusyon howe be it this statute doyth not meane of socage and other small tenures ¶ The .xiii. Chapitre ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenauÌ„tes be attaynted for felonye in tyme of vacacyon whyles theyr temporaltes were in the kynges handes to gyue at his pleasure sauynge to suche prelates the seruyce that therto is due and accustomed ¶ The .xiiii. Chapitre UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyoÌ„ in his dede or wrytynge of knyghtes fees aduouzons of churches and dowers when they fall belongyng to suche manors or landes then at this daye the kynge reserueth to hymsef such fees aduousons and dowers all be it that amonge other persones there shal be implyed no suche reseruacyon ¶ The .xv. Chapitre ALso the kyng shal haue the goodes of al felons attaynted or that run awaye where som euer they be founde And if they haue freholde then â—â— shal be forthwith takeÌ„ into the kynges handes And the kyng shall haue all profytâ—es of the same by one yere and one daye the lande shal be wasted and dystroyed in the houses wodes gardeyns and in al maner of thynges belongynge to the same lande exceptyng men of certayn places priuyledged by the kynge therfore And after the kyng hath had the yere dayâ— â— waste then the laâ—de shall be restored is the chyef lorde of the fame fee onles that he fyne before with the kyng for the yere the daye the waste Neuertheles it is vsed in the countie of Gloucestre by custome that after one yere one daye the landes and tenementes of felons shal reuerte be restored to the nexte heyre â—â— whome it ought to haue descended if the felonye had not ben done And in Kenâ— in Gauelkynd The father to the bough the sonne to the plough There all heyres males shal dyuyde theyr inherytauÌ„câ— but women shall not make 〈…〉 with men And a woman after the death of her husband shal be indowed
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
spirituall iudges haue oftentymes surceased to proceade in causes moued before theÌ„ by force of the kynges wryt of prohibicioÌ„ in cases where as remedie could not be gyuen vnto playntyfes in the kynges courte by any wryâ— out of the chauncery because that suche playntyfes were differred of theyr ryght and remedie in both courtes aswel temporall as spirituall to theyr great damage lyke as the kynge hath ben aduertysed by the greuous complaynyng of his subiectes Our soueraygne lorde the kynge comaundyth that where spirituall iudges do surcease in the aforesayd cases by the kynges prohybicyon dyrected vnto them that the chauncellour or the chyefe iustyce of the kynge for the tyme beyng vpon the syght of the lybell of the same matter at the instauÌ„ce of the playntyfif they can see that the case can not be redressed by any wryt out of the chauncery but that the spirituall court ought to determyne the matter they shal wryte vnto the iudges before whom the cause was fyrst moued that they procede therin nothwithstandynge the kynges prohybicyon dyrected to them before ¶ A statute vpon the offyce of Coroners made the .iiii. yere of kynge Edward .i. ⸫ A Coroner ought to inquere these thynges if he be certefyed by the kynges bayllyfes or other honest men of the cuntre Fyrste he shall go to the places where any be slayne or sodenly dead or wounded or where houses are broken or where treasour is sayd to be founde and shall forthwith commaunde foure of the nexte townes or .v. or syx to appere before hym in suche a place and when they are comen thyther the Coroner vpon the othe of them shall inquere in this maner that is to wyte if they knowe where the persone was fyrst slayne whyther it were in any house in the felde in a bedde in a tauerne or in company and who were there lykewyse it is to be inquered who were culpable â—yther of the acte or of the force and who were present eyther men or womeÌ„ â—â— of what age so euer they be if they can speke or haue any dyscrecyon and howe many be founde culpable by the inqueâ—â— in any of the sayd maners wherupon they shal be taken and delyuered to the sheryfe shal be commytted to the gayle and such as be founden and be not culpable shal be attached vntyll the comynge of the iustyces and theyr names shal be wryten in rolles If it fortune any man to be slayne sodenly whiche is founde in the feldes or in the woodes fyrste it is to be seen whyther he were slayne in the same place or not if he were brought and layd there they shall do asmuche as they can to folowe theyr steppes that brought hym thyther whyther he were brought vpon an â—orse or in a carte It shal be inquered also if the dead persone were knowen or els a straungyer and where he laye the nyght before if any be founde culpable of the murdre the coroners shall ymmediatly goo vnto his house and shall inquere what goodes he hathe and what corne he hathe in his graunge and if he be a fre maÌ„ they shal inquere howe muche lande he hath and what it is worthe yerely further what croppe he hath vpon the lande And wheÌ„ they haue thus inquered vpon euerye thynge they shall cause all the lande corne and goodes to be balued in lyke maner as if they sholde be solde incontinently and therupon they shal be delyuered to the hole towne which shal be auÌ„swerable before the iustyces for all And lykewyse of his freholde howe much it is worth yerely ouer and aboue the seruyce due to the lordes of the fee and the land shall remayne in the kynges handes vntyll that the lordes of the fee haue made fyne for it And immediatly vpon these thynges beynge inquered the bodyes of such persones beyng dead or slayne shal be buryed In lyke maner it is to be inquered of them that be drowned or sodenly slayne or strangled by the sygne of a corde tyed strayte aboute theyr neckes or about any other of theyr membres or vpon any other hurte founde vpon theyr bodyes wherupon they shall procede in the fourme abouesayd and if they were not slayne then ought the Coroners to attache the fynders and all other in the companye A coroner ought also to inquere of treasour that is founden who were the fynders and lykewyse who is suspected therof and that may be well perceyued where one lyueth ryotously hauntyng tauernes and hath done so of longe tyme hereupoÌ„ ve may be attachâ—â— for this suspeccion by .iiii. vi or â—â—o pledges if he may be founde Further if any be appealed of rape he must be attached if the appeall be freshe and they must see an apparaunt sygne of truth by effusyâ— of bloud or an open crye made and such shal be by .iiii. or .vi. pledges if they may be founde If the appeall were without crye or without any many feste sygne or token two pledges shall be sufficyent Vpon appeall of woundes specyally if the woundes be mortall the partyes appealled shal be taken immedyatly kept vntyll it be knowen perâ—yâ—ely whytheâ— he that is hurt shall recouer or not And if he dye the defendant shal be kept And if he recouer helthe they shal be attached by .iii. or syx pledges after as the wouÌ„d is greate or small If it be for a mayme he shal fynde no lesse then fourt pledges if it be for a small wounde or a mayme two pledges shall suffyse Also all woundes ought to be vyewed the length bredeth and depenâ—s and with what weapons and in what parâ—e of the bodye the wounde or hurte is and howe many be culpable and how many woundes there be and who gaue the wounde all which thynges muste be inrolled in the rolle of the corowners Moreouer if any be appealed of an act done as pryncypal they that be appealed of the force shal be attached also and surely kept in warde vntyl the pryncypalles be attaynted Conâ—â—â—nyng horses botes cartes cÌ„ wherby any is slayne that proprely are called deodande they shal be valued and delyutred vnto the townes as before is sayd Concernyng wrek of the see whersoeuer it be founde if any lay handes on it he shal be attached by sufficyent pledges and the pryce of the wrek shal be valued and delyuered to the townes if any be suspected of the death of any maÌ„ beynge in daunger of lyfe he shal be taken and imprysoned as afore is sayd In lyke maner he shal be leuyed for all murdres burglaryes and for men slayne or in perell to be slayne as other where is vsed in Englande and all shall folowe â—he hue and steppes as nere as can be And he that doyth not and is conuycte therupon he shal be attached to be afore the iustyces of the gayle cÌ„ ¶ Here endyth the statute vpon the offyce of Coroners ¶ The estatute of proteccyons made the .xxxiii. yere of kynge Ed. i ⸫ EDwarde by
the grace of God cÌ„ To all his true and faythfull subiectes greatyng Forasmuch as many do purchase the proteccion of our soueraygne lorde the kynge affyrmynge that they were out of the realme in the kynges seruyce It is prouyded that if theyr aduersary wyl chalenge the proteccyoÌ„ immedyatly wheÌ„ it is shewed in the court wyl â—uerre that they were within the foure sees and out of the kynges seruyce in a place certayne so that they myght haue conueinently appered theyr chalenge shal be entred and the matter shall abyde without day accordyng to the nature of the proteccion And whan it shal be resomoned and the partye comyth into the courte to demaunde iudgement and to folowe his processe offeryth to auerre his chalenge If his aduersarye wyl attende and the couÌ„tre doth passe agaynst hym ths proteccyon shall torne as a defaute to hym that caste it if he be tenauÌ„â— And if he be demaundaunt he shall lesâ— his wryt and shal be ameâ—â—yed vnto the kyng Eyuen at westmynster the .xviii. day of NoueÌ„bre the .xxxiii. yere of kyng Edwarde sone of kynge Henry ¶ Finis ¶ The maner of leuyeng fynes made the .xviii. yere of kyng Edwarde .i. ⸫ WHan the wrytte origynall is delyuered in presens of the partyes a pledour shall say this Syr iustyce coÌ„ge daccorder And the iustyce shall saye to hym Syr R. And shall name one of the partyes then whan they be agreyd of the sume of money that must be gyuen to the kyng the iustyce shall commaunde the peace to be cryed and after the pledour shall saye In so much as the peas is lycenced thus vnto you w. S. and. A. his wyfe that here be do knowledge the maner of B. with the appurtenaunces conteyned in the wrytte to be the ryght of our soueraygne lorde the kynge whiche he hath of theyr gyfte To haue and to holde to hym and his heyres of the sayd w. A. and of theyres of the sayd A. as in demeanes tentes sâ—ygnouryes plces puâ—chases wardes maryages relyefes eâ—chetes mylles aduousons of churches and all other fraunchyses and free customes to the sayd maner belongyng payenge yerely to K. his heyres as chyefe lordes of the fee the seruyces customes due for al seruyces And it is to be noted that the ordre of the lawe wyll not suffre a fynall accorde to be leuyed in the kynges court without the wrytte origynal And that must be at the lest before foure iustyces in the benche or in eyre and not otherwyse in presens of the parties named in the wrytte which must be of full age of good memorie and out of pryson And if a womaÌ„ coueribe one of the partyes than she must be fyrst examyned by foure of the sayd iustyces And if she doth not assent therto the fyne shall not be leuyed And the cause wherfore suche solempnyte ought to be done in a fyne is because a fyne is so hyghe a barre of so great force of so stronge nature in hym selfe that it coÌ„cludeth not onely such as be parties and preueys therto and theyr heyres but all other people of the world beyng of full age out of pryson of good memorie within the .iiii. sees the daye of the fyne leuyed if they make not theyâ— â—ayme of theyr accyon â–ª within a yere â— a daye by the cuntre ¶ Finis ¶ A statute of gauelette in London made the .x. yere of K. Ed .ii. IT is prouyded by our soueraygne lorde the kyng his iustyces also graunted vnto the cytezyns of London that archbyshops byshops crles baroÌ„s and other that haue rentes in London and for som tenemeÌ„tes the rentes are behynde and can not recouer those rentes that it shal be lawful for theÌ„ to dystrayne theyr tenauÌ„tes for the arrerages so long as any thyng is founde in the fee wherby they may be dystraygned the tenaÌ„tes shal be impleded by a wryt of gauelet of customes seruyces which may be well done by theyr fremeÌ„ of the cyte pÌ„sented in theyr huystynges for the kepyng of theyr sute to gather theyr reÌ„tes so that if the tenantes do knowledge theyr seruyces they shall incontineÌ„t without delay satysfye theyr lordes of theyr arrerages And if they denye them theyr seruyces the demandaÌ„tes shal ymmediatly name two wytnesses whose names shal be inrolled shall haue a daye to bryng them forth at the next hustynges at which day if they brynge forth wytnesses and it is shewed by them in the full court of theyâ— owne syght and hearynge that the same playntyfes haue any tyme receyued the rentes whiche they demaunde of the tenementes then the tenauntes shall lese theyr fees by awarde of the courte the playntyfes shall recouer theyr tenementes in demeane If they wyll knowledge the seruyces vnto theyr lordes as before is sayd and lykewyse they shall recouer the arrerages which shal be doubled and they shal gyue to the sheryfe for the wroÌ„g full witholdynge if they be worth so muche without any gâ—udgyng the sum of an hundred sÌ„ And if they do not com in after due somons in the huystynges then the same fees shal be delyuered vnto the playntyfes in the full huystynges to be holden and kept in theyr owne handes for one yeâ—â— a daye within the whiche tyme if the tenauÌ„tes do come vnto them and do offere to satisfye them of the arrecages double and to the sheryfe for his amercyment as before is sayd than they shal haue theyr tenementes agayne but if it be after one yere and a daye accomplyshed such tenementes shall remayne vnto the lordes of those fees by iudgement of the courte in theyr demeane for ouer more And then suche landes shal be called forschâ—k because such tenemeÌ„tes shall remayne for euer in demeane to the lordes of the fees for the defaute of the seruyce The same ordynaunce shall be kepte and obserued if the tenauntes do confesse or knowledge the arrerages be not able to make satysfaccyon therfore as it is sayd before ¶ Finis ¶ A statute for knyghtes made the fyrst yere of kyng Edwarde the secounde ⸫ OVr soueraygne lorde the kyng hath grauÌ„ted that all suche as ought to be knyghtes be not and haue ben dystrayned to take vpon them the ordre of a knyghte within the feaste of the Natiuyte of our lorde shall haue respyte to take the foresayd armes of a knyght vntyll the vtas of saynct Hyllarye with out occasyon and after that they shal be dystrayned except they make som other meane Also he hathe graunted that if any wyll complayne in the chauncery because he was dystrayned cÌ„ and hath not .xx. li. yerely in fee or for terme of lyfe and wyll proue that by the countre then it shal be wryten vnto the more discrete and sage knyghtes of the shyre to take the sayd inquysicyon and if it fortune to be tryed so by the same inqueste he shall haue remedye and the dystresse shall cease Also if
any be impleded for al his land or for parte of the same so that the resydue be not suffycyent to the value of .xc. li. and can proue the same then the dystresse shall cease vntyll the same plee be determyned Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes so that the resydue therof doyth not amouÌ„te to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vntyll the foresayd dette be clerely payed And none shal be dystrayned to take vpoÌ„ hym the ordre of a knyght before that he come vnto the age of .xxi. yeres Also none by reason of any lande that he holdeth in maners whiche be now in auncyent demeane of the crowne as a sokeman and whiche lande also muste gyue â—allage when the kynges demeanes are taylled shal be dystrayned to take vpon hym the ordre of a knyght Also of them that holde theyr laÌ„des in socage of other maners then of the maners of the kyng doynge no foreyn seruyce the rolles of the chauÌ„cery shal be serched for the tyme of the kynges predecessours And it shal be done as it hath vsed to be done In lyke maner shal be done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye Also none shal be dystrayned for his burgage landes although they do amounte to the value of .xx. li. yerely or more Also they that ought to be knyghtes and be not whiche haue holden theyr landes in theyr handes but a small tyme. And lykewyse knyghtes that do pretende great age or defaute of theyr membres or any other incurable dysease or charge of theyr chyldren or of plees or do alledge such necessary excuses they shall go vnto Roberte Typtofte and Anthonye de Becke and shall make fyne before them to whom it is enioyned that accordyng to theyr dyscresyons they shall admytte the reasonable fynes of al such persons ¶ Here endyth the statute of knyghtes ⸫ ¶ A statute of waste made the â–ª xx yere of kyng Ed .i. WIllyam Boteller whiche is within age in warde of our soueraygne lorde the kyng hath shewed vn to the kynge that where Gawen Buteller his brother whose heyre he is hadde impleded one walter de Hapeton by the kynges wrytte for waste and dystruccyon made by hym in certeyn his landes and tenementes which the same walter helde for terme of his lyfe of the inherytaunce of the foresayde Gawyn in wymme and Thyrke And the aforesayd Gawyn before he had opteyned iudgement dyed After whose death the aforsayd wyllyam by a lyke wrytte impleded the foresayd walter for the waste distruccyon made by hym of longe tyme. The same walter before Gylbert Thorneton and his compaygnyoÌ„s assygned to here the kynges plees came in sayd that he ought not to aunswere the same wyllyam for the waste and dystruccion made in the tyme of any other before the ryght of the sayde inherytaunce discended vnto hym and therupon demaunded iudgement And for asmuch as certayne iustyces dyd not agree in gyueng of the sayd iudgement because it seamed to sume that it was not agreable to the lawe if another persone shulde opteyne auauntage recompense by the foresayde wryt whiche is a wrytte of trespas done to a persone certayne but onely the same persone to whome and in whole tyme the trespas was done Other iustyces with the more part of the kynges counsel were in the contrarye opinion alledgynge by dyuerse reasons that the sayd wyllyam ought to be harde and aunswered vnto and al other what so euer they be in lyke cases or iÌ„ lyke trespaces and for because lyke matters haue remayned not amended lyke trespaces vnponyshed which was inconuenient Our soueraygne lord the kynge in his full parlyament holden the daye after the feaste of the Purificacion in the .xx. yere of his reygne by a generall counsell hath ordeyned and from hensforth hath comaunded to be straytly obserued that euery heyre in whose warde so euer he be and aswell within age as of full age shall haue his recouerye by a wrytte of waste in the foresayd case and also in other where the same wrytte ought to holde place and it shall holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his auÌ„cetours as at any other tyme that the fee and inherytaunce dyscended vnto hym and shal be aunswered vnto therfore And that he shall recouer the landes wasted and damages as it is ordeyned in the laste statute of westmynster of damages to be recouered iÌ„ a wryt of waste if the tenaunt be conuycte for the waste And it is comaunded by the kynge hymselfe vnto the same Gylbert Thorneton and his compaygnyoÌ„s that they do procede in the foresayd matter and in other lyke fromhensforthe and iudgement shal be gyuen accordynge as the matter is founde And lykewyse it is comaunded vnto the iustyces that they shall cause all the aforesayd thynges to be straytly obserued before them fromhensforth ⸫ ¶ Here endyth the statute of waste ⸫ ¶ A statute of weyghtes and measures made the. Li. yere of K. Henry the thyrde THe standarde bushelles galons and elles shal be signed with an yroÌ„ scale of our soueraygne lorde the kynge saufely kept vnder the payne of an hundred li. And no measure shall be in any towne without it do agree with the kynges measure marked with the seale of the shere towne If any do sell or bye by measures vnsealed and not examyned by the mayer or bayllyfes he shal be greuously amerced And all measures of any towne both great small shal be vewed and examined twyse in a yere If any be coÌ„uyct for a double measure that is to wyte a greater for to bye with a small to sell with he shal be imprysoned for his falshode and shall be greuously ponyshed The standard busshelles and elles shal be in the custodie of the mayer and bayllyfes and of syx lawfull persones of the same towne beynge sworne before whome all measures shal be sealed No maner of grayne shall be solde by the heppe or cautell except it be â—tes malte and fetche ¶ Finis ¶ The statute of forstallours made cÌ„ ⸫ IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shal be dwellyng in any towne which is an oppressor of pore people manyfestly and a comon enemye of the hole shyre and countre whiche for gredynes of shamefull lucre doth preueÌ„t other in byeng grayne fyshe herryng or any other thynge to be solde comyng by lande or watter oppressyng the pore and despysyng the ryche which carryeth awaye suche thynges entendyng to sell them more dere The which comyng to marchauntes straungers that brynge marchauÌ„dyse offeryng them to bye and informyng theÌ„ that theyr goodes myght be derer sold then they intended to sell
hath done to vs knyghtes seruyce in our warres ¶ The .xii. Cha. NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage except he paye the olde pryce lymytted that is to say for caryage with ii horse .x. d. a day for .iii. horse .xiiii. d. a day No demean carte of any spiritual person or knyght or any other lorde shall be taken by our baylyes Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by the leue of hym whose the wood is ¶ The .xxii. Chapiter UUe shall not holde the landes of them that be coÌ„uyet of felony but one yere and one daye and then those landes shal be delyueryd to the lordes of the fee. ¶ The .xxiii. Chapiter ALl werys fromhensforth shal be vtterly put downe by Thamys Medway and thorough all England but onely by the see costes ¶ The .xiiii. Chapiter A Wrytte that is called precipe in capite shal be fromhensforth graunted to no man vpon any freholde wherby a freman may lese his courte ¶ The .xxv. Chapitre ONe measure of wyne shall be thorugh all our realme one measure of ale and one measure of corne that is to say accordyng to the quarter of London and one bredth of dyed clothe russettes and haberiectes that is to say .ii. yardes within the lystes And as it is of weyghtes so shall it be of measures ¶ The .xxvi. Chapiter NO thynge fromhensforth shal be gyuen for a wrytte of inquisicion nor taken of hym that prayeth inquysicyon of lyfe or membres but it shal be graunted frely ¶ The .xxviii. Chapi IF any do hold of vs by fee fearme or by socage or burgage he holdeth landes of an other by knyghtes seruyce we shall not haue the custodye of his heyre nor of his lande which is holden of the fee of another man by reason of that fee ferme socage or burgage Nor we shall not haue the custodye of that fee ferme or socage or burgage except knyghtes seruyce be due vnto vs out of that fee ferme Nor we shal not haue the kepynge of the heyre or of any lande by occasyon of any pety feriantye that any man holdeth of vs by seruyce to paye a knyfe an arrowe or other lyke if the land be holdeÌ„ of an other lord by knyghtes seruyce ¶ The .xxviii. Chapiter NO bayllye fromhensforth shal put any man to his open lawe nor to an oth vpon his owne sayeng without faythfull wytnesses brought in for the same ¶ The .xxix. Chapiter NO fre man shal be taken or imprysoned or be dyssesyd of his freholde or lybertees or free customes or be outlawed or exyled or otherwyse dystrayned nor we shall not passe vpoÌ„ hym nor condempne hym but by lawfull iudgement of his peers or by the lawe of the land We shal sell to noman we shal denye nor deferre to noman nother iustyce nor ryght ¶ The .xxx. Chapiter ALl merchauntes if they were not openly prohybyt before shal haue theyr sauâ—e and sure conduytes to entre and departe to go and tarye in the realme as well by land as by water to bye and sell without any maner of yll tolles by the olde and ryghtfull customes excepte in tyme of warre And if they be of the lande makynge warre agaynste vs and be founde in our realme at the begynnyng of the warres they shal be attached without harme of body or goodê vntyll it be knowen vnto vs or our iustyces howe our merchauntes be intreated there in the lande makyng warre agaynste vs. And if our merchauntes be well intreated there theyrs shal be in lyke maner with vs. ¶ The .xxxi. Chapiter IF any man holde of any escheate as of the honor of walyngford No thyngham Boloyn or of any other eschetes which be in our handes as of any baronye and dye his heyre shall gyue none other relyef nor do none other seruyce to vs then he sholde to the baron if it were in the barons hande And we in the same wyse shall holde it as the baron helde it nor we shall not haue by occasyon of any such barony or escheate any escheate or kepyng of any of our men onles they doo holde of vs other where in chyef or els he that helde the baronye or escheate otherwheare helde of vs in chyef ¶ The .xxxii. Chapiter NO freman froÌ„hensforth shall gyue nor sell any more of his lande but so that of the resydue of the land the lord of the fee maye haue the seruyces due to hym which belonge to the fee. ¶ The .xxxiii. Chapiter AL patrones of abbeys which haue the kynges chartours of EnglaÌ„d of aduouson or haue olde â—enure or possessyon in the same shall haue the custodye of them when they fall voyde as it hath ben accustomed and as it is afore declared ¶ The .xxxiiii. Chapiter NO man shal be takeÌ„ or imprysoned vppon the appeall of a woman for the deathe of any other then of her husbande ¶ The .xxxv. Chapiter NO shyre courte fromhensforth shal be holdeÌ„ but from moneth to moneth and where greater tyme hath ben vsed it shal be kept so styll nor no sheryf nor his bayllyf shall kepe his tourne in the hundred but twyse in a yere And not but in due place and accustomed that is to saye ones after Easter and agayne after Myghelmas And the view of fraÌ„k pledge shall be lykewyse at the feast of Myghelmas without occasyoÌ„ So that euery man may haue his lybertees whiche he had or vsed to haue in the tyme of kyng Henry our grauÌ„dfather or which he hath purchased syus The vyew of frankpledge shal be so done that our peas maye be kepte And that the trythynge â—e holly kept as it hath ben accustomed And that the sheryfseke no occasyons that he be content with so muche as the sheryf was wonte to haue for his vyew makyng in the tyme of kyng Henry our graundfather ¶ The .xxxvi. Chapitre IT shall not be leful fromhensforth to any man to gyue his landes to any relygyous house and to take the same lande agayne to holde of the same house Nor it shall not be lefull to any house of relygion to take the landes of any man and to lese the same to hym of whome he receyued it If any man fromhensforthe gyue his landes after this maner to any relygyous house and therupon be conuycte the gyfie shall be vtterly voyd the lande shall retourne to the lorde of the fee. ¶ The .xxxvii. Chapiter EScuage fromhensforth shal be taken lyke as it was wont to be in the tyme of kynge Henry our graundfather reseruyng to all archbyshops bysshops abbottes pryors templets hospytelers erles barons and all persons aswell spirituall as temporall all theyr lybertes and fre customes whiche they haue had in tyme passed And all these customes lybertees aforesayd whiche we haue graunted to be holden within this our realme as much
and in warde of theyr lordes It is prouyded that the wardeyns shal kepe sustayne the landes without dystroyeng any thyng And that of such maner of wardes shal be done in all poyntes as is coÌ„teyned in the great chartoue of lybertes made in the tyme of kynge Henry father of the kyng that nowe is that it be so vsed from hensforth And lykewyse shal be done of wardes of arche byshoprykes byshoprykes abbacyes churches and all spirituall dygnytes in tyme of vacacyon ¶ The. xrii. Chap. OF heyres maryed within age agaynst the wyl of theyr kepars afore that they be paste thage of .xiiii. yeres it shal be done accordyng as it is conteyned in the statute of Merton And of them whiche shal be maryed agaynst the wyll of theyr kepars after they be past thage of â–ª xiiii yeres the kepar shall haue the double value of theyr maryage after the teuour of the same acte Moreouer such as haue withdrawen theyr maryage shal pay the full value therof vnto theyr kepar for the trespas and neuertheles the kynge shall haue lyke amendes accordyng to the same acte of hym that so hath withdrawen And of heyres femals after they haue accomplyshed the age of .xiiii. yeres and the lorde to whom the maryage belongyth wyl not marye them but for coueâ—yse of the land wyll kepe them vnmaryed It is prouyded that the lord shall not haue nor kepe by reason of maryage the landes of such heyres femals more then two yeres after the terme of the sayd .xiiii. yeres and if the lord within the sayd two yeres do not marye them then shall they haue accyoÌ„ to recouer theyr inherytauÌ„ce qwyte without gyuenge any thynge for theyr wardshyp or theyr maryage And if they of malyce or by euyll counsell wyll not be maryed by theyr chyef lordes where they shall not be dysparaged then theyr lordes may holde theyr lande and inherytauÌ„ce vntyll they haue accomplyshed thage of an heyre male that is to wyte .xxi. yeres and further vntyll they haue taken the value of the maryage ¶ The .xxiii. Chapitre IT is prouyded also that in no cyte borugh towne market nor fayre there be no foreyn persone beyng of the realme dystrayned for any dette wherof he is not dettour or pledge he that doyth it shal be greuously ponyshed with out delaye and the dystres shal be delyuered to hym by the bayllyffes of the place or by the kynges bayllyffes if nede be â–ª ¶ The .xxiiii. Chapitre IT is prouyded also that no eschetour sheryf nor other baylyf of the kyng by colour of his offyce without specyall warraunte or commaundement or authoryte certayne pertayâ—ynge to his offyce dyssese no man of his srehold nor of any thyng belongyng to his â—rehold And if any do it shal be at the eleccâ—on of the dyssesye whyther that the kyng by offyce shall cause it to be amended at his complaynte or that he wyll sue the comen lawe by an assyse of nouell dyâ—ieson and he that is attaynted therof shal pay double damages to the playntyte shal be greuously amerced vnto the kynge ¶ The .xxv. Chapiter NO offycer of the kynges shal maynteyne by themselues nor by other plees sutes or matters hangyng in the kynges court for landes tenementes or other thynges for to haue parte or profytte therof by couenaunt made betwen them he that doyth shal be ponyshed at the kynges pleasure ¶ The .xxvi. Chapitre ANd that no sheryffe nor other the kynges offycer take any rewarde to do his offyce but shal be payed of that they take of the kynge and he that â—o doyth shall yeâ—de â—wyfe somuche shall be ponyshed at the kynges pleasure ¶ The .xxvii. Chapiter HAd that no clerke of any iustyce eschetour or inquysit our shal take any thyng for deliueryng chapâ—â—tes but onely clerkes of iustyces errant in theyr cyrcuyte which shal take .ii. s. no more of euery wapentake hundred or towne that aunsweryth by .xii. or by .vi. accordyng as the amercyment hath ben vsed and he that doyth contrarye shall paye thryse somuche as he hath taken shall lose the seruyce of his mayster for one yere ¶ The .xxviii. Chapiter HAd that none of the kynges clerkes nâ—â— of any iustyce from hensforth shall râ—â—â—â—â—e the preseÌ„tment of any church for â—â—â— which any plee or debate is in the kynges courâ—e without specyal by 〈…〉 of thâ— kynge and that the kynge for 〈…〉 to lese the church and his 〈…〉 and that no clerk of any 〈…〉 oâ—â—â—â—â—yf take â—aâ—â—e in any quarelles or 〈…〉 in the kynges courte nor make nor cause comen ryght to be delayed or dystourbed and if any so do be shal be ponyshed by the payne afore sayd or more greuously if the trespas so requyre ¶ The .xxix. Capiter IT is prouyded also that if any seruaunt pleder or other do any maner of dysceyt or collusyon in the kynges courte or consent to do it in derogacion of the court or to begyle the court or the partye and therof be attaynted he shall be imprysonâ—d for a yere and a day and froÌ„thensforth shall not be herd to pleâ—e in that courte for any man And if he be no pleder he shal be imprysoned in lyke maner by the space of a yere and a daye at the least And if the trespas requyre greater ponyshment it shal be at the kynges pleasure and for asmuche as many complayne themselues of the serâ—auÌ„tes cryours of fee and the marshalâ—es of iustyâ—es in cyre takyng money wrongfully of suche as recouer season of lande or of them that optayne theyr matters of that leuye fynes and of iurours townes prysoners and of other attached vpon plees of the crowne otherwyse then they ought to do in dyuers maners And for asmuche as there is a greatter noumbre of them then there ought to be wherby the people are so greued the kyng commaundeth that such thynges be no more done fromhensforth And if any seriaunte of fee do it his offyce shal be taken into the kynges handes and if any of the iustyces marshals do it they shal be greuously ponyshed at the kynges pleasure and aswell the tone as the tother shall paye to all playntyfes the treble value of that they haue receyued in suche maner ¶ The .xxx. Chap. OF suche as take outrageous tolles agaynste the comen custome of the realme in market townes It is prouyded that if any do so in the kynges townes that is bayllyf in fee ferme the kyng shal sese into his owne haÌ„d the fredom of the market And if it be an other towne and it be done by the lorde of the towne the kyng shall do in lyke maner and if it be done by a bayllyf without commaundement of his lorde he shall restore to the playntyf asmoche more for the outrageous takynge as he had of hym if he had caryed his toll and shall haue .xl. dayes imprysonment of cytezyns or but gesses to whome the kyng or his father hath graunted
murage to enclose theyr townes and take suche murage otherwyse than it was graunted vnto them and therof be attaynted It is prouyded that they shall lese theyr graunt for euer more and shal be greuously amerced vnto the kynge ¶ The .xxxi. Chapiter OF suche as take vytayll or other thynges to the kynges vse vpon â—redence or to the garryson of a castell or otherwyse and when they haue receyued theyr payment in the eschequer gaâ— dâ—robe or otherwhere they witholde it from the creditors to theyr great damage sklaundre of the kyng It is prouyded for such as haue landes or tenementes that incontynent it shal be leuyed of theyr landes or of theyr goodes payed vnto the creditours with the damages that they haue sustayned shal be raunsomed for the trespas and if they haue no landes nor tenementes they shall be imprysoned at the kynges wyll And of such as take parte of the kynges dettes or other rewardes of the kynges creditours for the payment of such dettes It is prouyded that they shall pay the double therof and be greuously ponyshed at the kynges plesure And of such as take horse or cartes for the kynges caryage more thâ—n is nede and take rewardes to let suche horse or caâ—â—â—s to go It is prouyded that if any of the courte so do he shal be greuously ponyshed by the marshalles and if it be done out of the court or by one that is not of the court and be therof attaynâ—ed he shall pay treble damages and shall remayne in the hynges pryson xâ— dayes ¶ The .xxxii. Chap. â—T is proâ—yded that no sheâ—yf dâ—â— suffer aâ—y 〈…〉 tours or mayntâ—noâ—â—s of quarels theyr shyeâ—s neyther 〈…〉 of great lordes nor other ou◠〈…〉 be 〈…〉 for his lord to make 〈…〉 nor to 〈◊〉 iudgementes in the â—â—râ—â—s nor to pronounce the iudgemenâ—es iâ— be not spâ—cyally requyred â— prayed of all 〈…〉 and aâ—torneys of the 〈◊〉 which shal be at the courte and if anâ— do the 〈◊〉 shall ponyshe hym greuously for 〈…〉 and hymselfe ¶ The .xxxiii. Chapitre FOr asmuche as many haue often tymes â—oldâ— newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen bâ—twen the kynge his people or great men of this realme for the damage that hath maye therof ensue it is comaunded that from hensforth none be so hardy to tell or publyshe any false newes or saâ—es wherby discord or â—ccâ—syon or dyscord or sklaunder may gâ—â—wâ— betwen the kyng and his peopleâ— or the great mâ—n of the realme and he that 〈…〉 kept in pryson vntyll he be brought in â— the court which was fyrst auâ—â—or of the â—ale ¶ The .xxxiiii. Chapitre OF great men and theyr bayllyffes and other the kynges offycers excepted vnto whom specyall au 〈…〉 e is gyuen which at the coâ—â—â—â—ynce oâ—sâ—â—t or by theyr owne authoryte attache other passynge by the waye wiâ—h theyr goodes compellynge them to aunswere afore them vpoÌ„ coÌ„tractes couenauÌ„tes trespasses done out of theyr iurysdiccyon where in dede they hold naught of them nor within the fraunchyse where theyr power is in pretudyce or the kynge and his crowne and to the damage of the people It is prouyded that none from hensforth so do and if any â—o he shall pay to hym that by this occasyon shal be aâ—tached his damages double and shal be greuously amerced to the kynge ¶ The .xxxv. Chapiter FOrasmuch as before this tyme reasonable ayde to make a maÌ„nes son knyght or to mary his doughter was neuer put in certayne nor how much shuld be taken nor at what tyme wherby some leuyed outrageous ayde and more often then semed necessarye wherby the people wer so greued It is ê“uyded that from hensforth of an hole knyghtes fee there be taken but .xx. s. And of .xx. li. land holden in socage .xx. s. and of more more and of les lesse after the rate And that none shall leuye suche ayde to make his sonne knyght vntyll his sone be .xv. yeres of age nor to marye his doughter vntyl she be of the age of .vii. yeres And of that shal be made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it And if it happen that the father wheÌ„ he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shal be bound to the doughter for asmuche as the father receyued for the ayde And if the fathers goodes be not suffycyent his heyre shal be charged therwith vnto his doughter ¶ The .xxxvi. Chapitre IT is ê“uyded also and agreyd that if any maÌ„ be attaynted of dysseson done in the tyme of the kyng that nowe is with robborye of any maner of good or mouable by recognysaunce of the assyse of nouell dysseson the iudgement shal be such that the playntyf shall recouer seson of the lande with his damages aswel of the goodes and mouables afore sayd as of the frehold and the dyssessour shal be â—aunsomed which whyther he be present or not so it be presented shall fyrst be awarded to pryson And in lyke maner it shal be done of dysseson with force and armes although there be no robborye ¶ The .xxxvii. Chapiter FOr as much as certayne people of this realme doubte very lytle to gyue false verdyts or othes which they ought not to do wherby muche people are dysheryted and lese theyr ryght It is prouyded that the kynge of his offyce shall from hensforthe gyue attayntes in plees of lande or of freholde or of any thynge touchyng freholde when it shall seme to hym necessarye ¶ The .xxxviii. Chapitre ANd forasmuch as it is longe tyme passed syns the wryttes vndernamed were lymytted It is prouyded that in conuayeng a dysâ—eÌ„t in a wryt of ryght none shall presume to declare of the season of his auncetour further or beyonde the tyme of kynge Rycharde vncle of kynge Henry father to the kynge that nowe is and that a wrytte of nouell dysseson of purpartye which is called nuper obiit haue theyr lymytacyon syns the fyrste voyage of kynge Henry father to the kyng that now is into Gascoygne And that wryttes of mort dauncetour of cosynage of ayell of entre and of â—yâ— haue theyr lymâ—tacyon from the coronacyon of the same kynge Henry and not before but all wryttes purchased nowe by themselues or to be purchased betweÌ„ this and the feaste of sayncte Iohan for one yere complete shal be pleded from as longe tyme as heretofore they haue ben vsed to be pleded ¶ The .xxxix. Chapitre FOr asmuche as many folke are deâ—â—yed of theyr ryght by false vouchyng to waâ—raÌ„tye It is prouyded that in wryttes of possession fyrste of all in a wrytte of mortdaunceâ—our of cosynage â–ª of â—yell nuâ—er â—but of â—ntrusyon other lyke wrytâ—es wherby landes or â—enâ—mentes whiche ought â—o dyscend reuerâ—e remayne or falâ—e by the deathe or by the death of an auÌ„cetour or otherwyse that if the tenaunt vouch to warrantye
and the demaundaunt counterpledyth vnto hym and wyll auerre by assyse or by the countre or otherwyse as the coâ—tre wyll awarde that the tenaunte or his auncetour whose heyre he is was the fyrste that entred after the deathe of hym of whose season he demaundeth The auerâ—â—ment of the demaâ—ndanâ— shal be recey â–ª ued if the tenaunt therto wyll attend if not he shal be further compelled to another aunswere if he haue not his warraÌ„tour presente that wyll warraunte hym frely and incontinent entre into the warrauntye sauyng to the demaundant his exâ—â—â—cyons agaynste hym if he wyll vouch further as he dyd before agaynst the fyrste tenaunt From hensforthe in all maner of wryttes of entre whiche make mencyon of degrees none shall vouch out of the lyne nor in other wryttes of entre where no mencioÌ„ is made of degrees which wryttes shall not be maynteyned but in cases where the other wryttes of degrees can not lye nor holde place And in a wrytte of ryght it is ê“uyded that if the tenauÌ„t vouch to warrauntye and the demaundant conterplede hym and be redy to auerre by the couÌ„tre that he that is vouched nor his auncetours had neuer season of the land or tenement demaunded fee nor seruyce by the handes of the tenaunt or his auncetours syns the tyme of hym on whose season the demaundaÌ„t declareth vntyll the tyme that the wrytte was purchased and the ple moued wher by he myght haue infeffed the tenaunt or his auncetours Then let the auerrement of the demaundaunt be receyued if the tenaunt therto wyll attend if noâ— the tenaunt shal be further compelled to an other aunswere if he be not present that wyll warraunte hym frely and in contynent entre in aunswer sauynge to the demaundant his excepcyoÌ„s agaynst hym as he had before agaynst the fyrst tenaunt the sayd excepcion shall haue placein a wrytte of mordauncetour and in the other wryttes before named aswell as in wryttes that concerne ryght and if percase the tenaunt haue a dede of warrauÌ„tye of another man that is bouÌ„d in none of these cases before mencyoned to the warrauntye of his elder degre his recouerye by a wrytte of warrauntye of chartour out of the kynges chauncery shall be saued to hym at what tyme so euer he wyll purchase it howe be it the plee shall not be delayed therfore ¶ The .xl. Chapitre FOr the othes of champions it is thus prouyded because it seledom happeneth but that the champion of the demaundaunt is forsworne in that he swereth that he or his father saw the season of his lorde or his auncetour that his father comaunded hym to deraygne the ryght that fromhensforth the chaÌ„pyon of the demaundaunt shall not be compelled so to sweare Neuertheles his othe shal be kepte in all other poyntes ¶ The .xli. Chapiter FOr asmuch as iÌ„ a wrytte of assyse attayntes and iuris vtrum the â—urrours be often troubled by reason of the essoynes of tenauntes It is prouyded that after he hath ons appered in the courte that he shal be no more essoyued but shall make his attorney to sue for hym if he wyll and if not the assyse or iurye shal be taken through his defaute ¶ The .xlii. Chapitre FOr asmuche as demaundantes be â—â—eÌ„â—ymes delayed of theyr ryght b 〈…〉 son 〈…〉 many parceners be tenaÌ„â—â—s of whiche none may be compelled to aunswer without the other or that there be manye ioynâ—ly infelled where none knowyth his seuerall and such tenaunteâ— ofâ—eÌ„â—â—mes fourth by esâ—oyne so that euery of them hath a seuerall essoyne It is prouyded that fromhensforthe suche tenaunâ—es shall not haue esâ—oyne but at one day no more then one sole tenaunte sheweth â–ª â—â— â—o that fromhensforth they shall no more fourche but onely for to haue one eâ—â—oyne ¶ The .xliii. Chapiter FOr as muche as dyuers persones cause themselues falsely to be essâ—â—ned for beyng ouer the see wherein 〈…〉 they were within the realme the day oâ—â—â—e 〈…〉 s. It is prouyded from hensforth that this esâ—oyne be not all tymes allowed if the demaundant wyll challenge it and wyll be redy to auerrâ— that he was in Englande the daye of the somoÌ„s and .iii. wekes after it shal be aâ—ourned in this â—ouâ—me that if the demaundant be redy at a certayne day by auerremeÌ„t of the countre or otherwyse as the courte shall awarde â—o proue that the tenaunt was within the .iiii. sees the daye that he was somoned and .iii. wekes after so that he myght be reasonably warned and so found the essoyne shal be â—ourned into a defaute And that is to be vnderstanden onely before iustyces ¶ The .xliiii. Chapitre COncernynge delayes in all maner of wryttes and attachementes it is thus prouyded that if the tenaunt or defendaunt after the fyrst attachement recorded do make defauâ—e that incontynent the great dystres shal be awarded And if the sheryf do not make suffycyent retourne by a certayne daye he shall be greuously amerced and if he retourne that he hath made execucyon in due maner and the issues delyuered to the suretyes then the sheryf shal be comaunded that he retourne issues at another daye before the iustyces and if the partye beynge attached come in at his daye to saue his defautes he shall haue the issues and if he come not the kynge shall And the kynges iustyces shall cause to be delyuered in the warderobe and the iustyces of the benche at Westmynster shall delyuer hym in theschequer and iustyces in eyer to the sheryf of the shyre where they plede aswell of that shyre as of foreyn shyres shal be charged therwith in somoÌ„s by the rolles of iustyces ¶ The .xlv. Chapitre IT is prouyded also and commaunded by the kynge that the iustyces of the kynges benche at Westmynster fromhensforth shall decyse all plees determynable at one daye before any matter be arrayned or plee comeÌ„ced the day folowyng except that theyr essoynes shall be entryd iudged and allowed and by reason herof no maÌ„ shal absent hymselfe but shall come at the day to hym lymytted ¶ The .xlvi. Chapiter IT is prouyded also that if any froÌ„ hensforth purchase a wrytte of nouell dysseson and he agaynst whome the wrytte was brought as pryncypall dyssesour dyeth before the assyse be passed that then the heyre shal haue his wrytte of entre vpon dysseson against the heyre of the dyssesour or dyssesors of what age so euer they be lykewyse the heyre or heyres of the dyssesye shall haue theyr wryttes agaynst the dyssesours or theyr heyres of what age so euer they be And if peraduenture the dyssesye chaunce to dye before he hath purchased his wrytte so that for the nonages of the heyres of the one partye or the other the wrytte be not abated nor the plee delayed but for asmuch as he may without offeÌ„dyng the lawe it must be hasted to make fresh sute after the dysseson And in lyke maner this ordre shal be obserued in al poyntes
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
or to do as is contayned in the wrytyng or leasse It is establyshed that after the two yeres passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye And if he agaynst whom the lande is demaunded come before iudgement and paye the atretages and the damages fynde sutetye such as the courte shall thynke suffy â–ª cyent to paye fromhensforth as is contayned in the wryttynge of his lesse he shall kept the lande And if he tarye vntyl it be recouered by iudgement he shal be barred for euer after ¶ The .v. Chapiter IT is prouyded also that a man froÌ„hensforthe shall haue a wrytte of waste in the chauÌ„cery agaynst hym that boldeth by the lawe of Englande or otherwyse for terme of lyfe or of yeres or a woman that holdeth in dower And who that is attaynted of waste shall lese the thynge wasted and moreouer shall recompence thryse so much as the waste shal be tared at for waste made in the tyme of wardshyp shal be done as is contayned in the great chartour the seconde chapitre that is to saye that he which dyd waste durynge the wardshyp sholde lese the warde it is agreyd that he shall recompence the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde ¶ The .vi. Chapiter IT is prouyded also that if a man dye hauyng many heyres of whoÌ„ one is son or doughter brother or suster nephew or nece and the other be of a further degre all the heyres shall recouer fromhensforth by a wrytte of mortdauncetour ¶ The .vii. Chapiter ALso if a woman sell or gyue in fee or for terme of lyfe suche lande as she holdeth i dower It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche woman shal immedyatly recouer by a wryt of entre in the chauncery ¶ The .viii. Chapiter IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do and that none froÌ„ hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. â— at the least And if he complayne of betyng he shall swere by his fayth that his playnâ— is true of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not so that if they be attaynted in the absence of the partye the sheryffe shal be commaunded to take them and shall haue lyke payne as the partyes shulde haue had if they had ben present at the iudgemâ—nt gyuen And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shal be gyuen them vnto the comyng of the iustyces errauntes and the defendauntes in the meane tyme shal be in peace in suche plees and other where as attachemeÌ„tes and dystresses do lye And if the defendaÌ„t â—ssoyâ—e hymselfe of the kynges seruyce and do not brynge his warraunte in at the day gyuen hym by the essoyne It is prouyded that he shall recompence the playntyf damages for his iourney .xx. â— or more after the discrecyon of the iustyces and at the leaste shal be greuously amerced vnto the kynge ¶ The .ix. Chapiter IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to inquere whyther he were stayne by mysfortune or in his defence or otherwyse without felonye And if he be in pryson before the comyng of the iustyces errauÌ„tes assygned to the gayle delyuere putteth hymselfe before them for good and pll And if it be foundeÌ„ by the countre that he dyd it in his defeÌ„ce or by mysfortune then the iustyces shall do the kynge to wyte therof and the kynge shall take hym in his grace if it please hym It is prouyded also that no appeal shal be abated so sone as they haue ben but if the appellour declare the dede the yere the daye the howre the tyme of the kyng the towne where the dede was done of whose arme he was slayne the appeal shall stand in effect and shall not be abated for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done ¶ The .x. Chapiter UUhere as it is contayned in the statute of the kynge that nowe is that two parcenexs or two that holde in comen maye not forche by essoyne after that they haue one tyme appeared in that courte it is prouyded that the same be obserued aepte there where a man and his wyfe be impleded in the kynges court ¶ The .xi. Chapitre IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy oÌ„ and maketh defaute after defaute or cometh into the courte and gyueth it vp for to make the termour lese his terme and the demauÌ„dant optayneth the cause so that the termour may recouer by wryt of couenaunt the mayer and the bayllyffes maye inquere by good vye we in the presence of the termour and of the demaundant whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme and if it be founde by the inquest that the demaundant moued his plee vpoÌ„ good ryght that he had the iudgement shal be gyuen forth with and if it be founde by inquest that he impleded hym by fraude to make the termour lese his terme then shall the termour entdye his terme and the execucyon of iudgement for the demaundant shal be suspended vntyll the terme be expyred And in lyke maner it shall be of equyte before iustyces in such case if the termour do challenge it afore the iudgement gyuen ¶ The .xii. Chapitre IT is prouyded also that if a man be impleded for lande in the same cyte and doyth vouche a foreyne to warrauntye he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they surceasse in the matter that is before them by wrytte vntyll the matter of warrauÌ„tye be determyned before the iustyces of the benche And when the warrauntye shal be on s determyned before the iustyces of the benche then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee and a wrytte shal be awarded for the demauÌ„daÌ„t by the iustyces vnto the mayer and sheryfes that they passe further vpoÌ„ the plee And if the demaundant recouer agaynste the tenaunt the tenaunt shall come before the iustyces o â–ª the
sheryf shal be comaunded that in propre person he shal take with hym .xii. c. and shal go to the place wasted and shal inquere of the waste done shall retourne an inqueste and after the inqueste retourned they shal passe to iudgemÌ„t lyke as it is contayned in the statute made at Gloucestre ¶ The .xv. Chapitre IN all cases where as suche as be within age maye be impleded it is ordeyned that if such be â—loygned so that they can not sue personally theyr nexte frendes shal be admytted to sue for them ¶ The .xvi. Chapiter IN case where any land descendyth to one beynge within age of the fathers syde that helde of one lorde and of the mothers syde that helde of another lord there hath ben hytherto great dout for the maryage of such heyre to which of the two lordes it shulde belonge It is agreyd that the same lorde shall from â–ª heÌ„sforth haue the maryage whose auncetour was fyrste infeffed not hauynge respecte to the gendre nor to the quantyte of the lande but onely to the more auncyente feffement by knyghtes seruyce ¶ The .xvii. Chapitre IN the circuyte of the iustyces an essoyne de malo lecâ—â— shall not be fromhensforth allowed for laÌ„des in the same shyre oneles he that caused hymselfe to be essoyned be syke in dede for if the demaundant except that the tenant is not syke nor in such plyte but that he may come before the iustyces his challenge shal be admytted And if it can be so proued by inqueste the essoyne shal be tourned to a defaute And froÌ„hensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente ¶ The .xviii. Chapiter UUhere dette is recouered or knowledged in the kynges court or damages awarded it shal be froÌ„hensforthe in the eleccyoÌ„ of hym that suyth for such dette or damages to haue a wrytte of Fieri facias vnto the sheryf for to leuye the dette vpon the landes and goodes of the dettour or that the sheryf shall delyuer to hym all the landes and goodes of the dettor sauyng onely his oxen beastes for his ploughe and the one halfe of his lande vntyll the dette be leuyed or vpon a reasnable pryce extended And if he be putte out of the lande he shall recouer by a wrytte of nouell dysseson â–ª and after that by a wrytte of redysseson if nede be ¶ The .xix. Chapitre UUhere as after the deathe of a persone dyeng intestate whiche also was bonden to some other for dette the goodes come to the handes of the ordynarye for to be dysposed fromhensforth the ordynarye shal be bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende lyke as the executours shulde haue ben boundeÌ„ if the partye had made testameÌ„t ¶ The .xx. cha UUhere as the iustyces in a plee of mortdauncetour haue vsed to admytte the aunswere of the tenant that the playntyfe is not nexte heyre of the same auncetor by whose death he demasideth the lande is redy to inquyre the same by assyse it is agreyd that in wryttes of cosynage ayel and besayel which be of lyke nature his aunswere shal be admytted and inquered and accordynge to the same inquerye the iudgemeÌ„t shall passe ¶ The .xxi. Chapiter UUheras in a statute made at Gloucestre it is contayned that if any lesse his land to another to paye the value of the .iiii. part of the lande or more the lessor or his heyre after that the payment hathe ceassed by two yeres shall haue an accyon to demauÌ„de the lande so lessed in demean In lyke maner it is agreyd that if any witholde froÌ„ his lorde his due accustomed seruyce by the space of two yeres the lord shal haue an accyoÌ„ to demauÌ„de the lande in demean by such a wrytte Prec A. quam iuste c. reddat B. tale tenÌ„ quod A. de eo tenuit per tale seruiciuÌ„ et quam ad precttÌ„ B. reuerti debet eo quam pÌ„dictê° A. in facienduÌ„ predictuÌ„ seruiciuÌ„ per bienniuÌ„ cessauit vt dicit And not only in this case but also wheras any mencyon is made of the sayd statute of Gloutestre wryttes of entre shall be made to the heyre of the demaundaÌ„t agaynst the heyre of the tenant agaynste them to WhoÌ„ such land is alyened ¶ The .xxii. UUheras two or mo do hold wood turfelande or fysheponde in commune wherin none knoweth his seueral and some of them do waste agaynst the myndes of the other they shall haue accyon by a wrytte of waste And when it is passed vnto the iudgement the defendaunt shall chuse eyther to take his parte in a â–ª place certayne by assygnemeÌ„t of the sheryf and by the viewe and othe of his neyghbours sworne and tryed for the same intent or els he shal be content to take nothyng fromtheÌ„sforth but as his felowes wyll if he do chuse to take his parte in a place certayne the place wasted shal be assygned for his part after as it was before the waste made And there is suche a wrytte in this case that is to say Cum A. et B. teneant boscum pro indiuiso B. fecit vastum c. ¶ The .xxiii. Chapitre Executors fromhensforth shall haue a wrytte of accounte and lyke accyon and processe in the same wrytte as theyr testatour had and shuld haue if he had lyued ¶ The .xxiiii. Chapiter IN cases wheras a wrytte is grauÌ„ted out of the chauÌ„cery for the dede of any man the playntyfes fromhensforthe shall not passe from the kynges court without remedy because the lande is alyened from one to another And in the regystre of the chauncery there is no specyal wrytte founde in this case as of a house a walle a mercatt a wrytte is graunted agaynst hym that leuyed it to the nusaunce And if the house walle or suche lyke be alyened to another the wrytte shal not be denyed but fromhensforth where in one case a wrytte is grauÌ„ted in lyke case wheÌ„ lyke remedy fayleth as is before the wrytte shal be made Questus est nobis A. quod B. iniuste c. leâ—auit domum murum mercatum et alia que sunt ad nocumentum liberi tenementi sui And if the thynges leuyed be alyened froÌ„ one to another the wryt shal be thus Questus est nobis A. quod B. et C. leuauerunt c. In lyke maner is a persone of a church may recouer comon of pasture by a wrytte of nouel dysseson lykewyse fromhensforth his successour shall haue a Quod permittat against the dyssesour of his heyre though a lyke wrytte were neuer graunted out of the chauncery before In lyke maner as a wrytte is grauÌ„ted to trye whyther lande be the fre almes of such a church orels lay fee froÌ„hensforth a lyke wrytte shal be gyueÌ„ to trye whyther it be the fre almes of this churche or of another churche if it be alyened to the possession of another
be 〈…〉 ed by â—â—â—oyâ—â— whyther he w 〈…〉 before or no. And after the day gyuâ—an essoyne shall not be allowed at the desyre of the partes in case where the partyes do consent to come without essoyne ¶ The .xxviii. Chapitre UUhere as by the fyrste statute of Westmynster it was prouyded that after the tenantes haue ones apered in the court no essoyne shal be allowed theÌ„ in wryttes of assyses in lyke maner it shal be froÌ„hensforth agaynst the playntyfes ¶ The .xxix. Chapitre A wrytte of 〈◊〉 to here and determyne fromhensforth shall not be graunâ—ed before any iustyces oâ— bothe benches and â—â—s 〈…〉 s â—â—â—a 〈…〉 s but for the 〈…〉 of the 〈…〉 where it is necess 〈…〉 spâ—dye â—emâ—dye And our soueraygne lorde the kynge of his specyall grace hath graunted this and fromhensforth a wrytte ad audiendum et terminandum appella shall not be graunted before iustyces assygned but in a specyal case and for a cause certayne wheÌ„ the kyng commauÌ„deth but lest the partyes appeaâ—â—d or indyted be kepte longe in pryson they shall haue a wrytte of Odio et Aâ—â—a lyke as it is sayd in magna carta and other statutes ¶ The .xxx. Chapitre FRoÌ„hensforth two iustices sworne shal be assygned before whom and none other assyses of nouell dysseson mort dauncetour and attayntes shal be taken and accompanye with them two or one of the dyseretyste knyghtes of the shyre where they come and shal take the foresayd assyses attayntes nomore theÌ„ thryes yerely that is to say betwene the quynzyeme of saynct Iohan Baptyst the gule of August And agayne betwen the feast of the exaltacyon of the crosse the vtas of saâ—nct Myghell And thyrdly betwene the feaste of the Epyphanye and the feaste of the purificacion and in euery shyre at the takynge of assyses before they shall appoynt the daye of theyr retourne so that euery one of the shyre may knowe of theyr contynge and shall aiourne the assyses froÌ„ terme to terme if the takynge of them be declared at any daye by vowchyng to warrauntye by â—ssoyne or by defaute of iurrours and if they see that for any cause assyses of mortdauncetour beynge respyted by essoyne or voucher ought to be adiourned into the benche it shall be lefull for them to do it and then they shall sende the recorde with the originall wrytte before the iustyces of the benche And when the matter is passed to the â—akynge of the assyse the iustyces of the benche shall remytte the matter to the frysie iustyces before whome the assyse shal be taken but fromhensforth the iustyces of the benche shall gyue in suche assyses .iiii. dayes at the leste in the yere before the sayde iustyces assygned for to spare expensâ— and labour Inquysicyons of trespas shal be aiourned before the iustyces of bothe benches except the trespas be so heyghnous that it shall requyre great examynacyons Inquysycyons also of other plees pleded in bothe benches shal be determyned before them wherin small examynacyon is requyred that when the entre or season of any is denyed or in case when one artycle is to be inquered But inquysycyons of manye and greate artycles that requyre great examynacyon shal be taken before iustyces of the benche except that bothe partyes desyre that the inquysicyon be taken afore some of the iustyces when they happen to com into those partyes that fromhensforthe it shall not be done but by two iustyces or one vpon whom the partyes can agre And suche inquysycyons shall not be determyned before any iustyces of the benche excepte a day and a place certayne be apoynted in the shyre in presence of the partyes and the daye and place be mencyoned in the wrytte by these wordes Precipimus tibi quod venire factas coram iusticiarus nostris apud westmonasterium in octauis sancti Michaelis nisi talis et talis tali die et loco ad partes illas venerint duodecim c. And when such inquestes be taken they shal be retourned into the benche there shall iudgement be gyuen and inrolled And if any inquysicyons be taken other wyse then after this fourme they shal be of no effecte except that assyses of darreyn presentmeÌ„t and inquysicyons of Quare impedyt in theyr owne shyre before one iustyce of the benche and one knyght at a day and place certayn assygned whyther the defendant coÌ„sent or not there the iudgemeÌ„t shal be gyuen immedyatly All iustyces of the benches froÌ„hensforth shall haue in theyr cyrcuytes clerkes to inrolle all plees pleded before them lyke as they haue had in tyme passed Also it is ordeyned that the iustyces assygned to take assyses shall not compell the iurrors to saye precysely if it be dysseson or not so that they do shewe the truthe of the dede and desyre helpe of the iustyces But if they of theyr owne hâ—d wyll saye that it is dysseson theyr verdyâ— shal be admytted at theyr owne peryll And froÌ„ hensforth the iustyces shall not putte in assyses or iuryes any other then were at the fyrste somoned to the same ¶ The .xxxi. Chapitre UUhen any that is impleded before the iustyces doyth alledge an excepcyon prayeng that the iustyces wyll allowe it which if they wyll not allowe if he that alleged the excepcyon do wryte it prayeng the iustyces to putte to theyr seales for a wytnesse And if one wyll not another of the companye shall And if the kyng vpoÌ„ coÌ„playnte made agaynst the iustyces cause the recorde to come before hym and the same excepcyon be not founde in the rolle the playntyf shewe the excepcyon wryten vnder the seale of a iustyce the iustyce shal be commaunded to be redy at a certayne day other to confesse or denye his seale And if his iustyce can not denye his seale they shall procede to iudgement accordyng to the same excepcyon and after as it ought to be admytted or auoyded ¶ The .xxxii. Chapitre UUhen relygyous men or any spyrytuall persones do implede any the partye impleded maketh defaute wherby he ought to lese the lande forasmuche as the iustyces haue thought hytherto that if the partye impleded make defaute by collusyon that when the demaundant by occasyon of the statute coude not obtayne seasyn of the lande by tytle of gyfte or other alyenacyon he shall nowe by reason of the defaute And so fraude is to the statute It is ordayned by our soueraygne lorde the kyng in this case that after the defaute made it shal be inquered by the countre whyther the demand a Ì„t had ryght or no if it be found that the demand at had ryght let the iudgement passe with hym so recouer season and if he had no ryght the lande shall go to the neâ—â—e lorde of the fee if he demaunde it within a yere after the inquest taken And if he do not demaunde it within the yere it shal be inquered for the nerte lorde aboue if he demaunde it within halfe a
yere after the same yerâ— And so euery lorde after the neâ—t lorde immedyate shall haue the space of halfe a yere for to demaunde it successyuely vntyll it come to the kynge for whome at length by defaute of the lordes the lande shall be inquered to challenge the iurrors euery of the chyef lordes shal be admitted And lyke wyse for the kyng they that wyll challenge and after the iudgement gyuen the lande shall remayne in the kynges handes vntyll the lande be gotten by the demaundant or som other chyef lorde the sheryf shal be charged to aunswere therfore at the eschequer ¶ The .xxxiii. Chapiter FOr asmuche as many tenauntes sette vp crosses or cause to be sette vp in theyr handes in preiudyce of theyr lordes so that the tenauntes shulde defende themselues agaynste theyr lordes by the pryuylege of templars and hospytelers It is ordeyned that suche landes shal be inquered vpon for the kynge and the chyef lordes in lyke maner as is prouyded for landes alyened in mortmayne ¶ The .xxxiiii. cha pytre IT is prouyded that if any man froÌ„hensforth do rauyshe any woman maryed mayde or other where she dyd not consente nether before nor after he shall haue iudgement of lyfe and membre And lyke wyse where a man rauyssheth a womaÌ„ maryed ladye damoysell or other with force although she coÌ„sent afterward he shall haue such iudgemeÌ„t as before is sayde if he be attaynte at the kynges sute for the kynge shall haue the sute and for wymmen caryed awry with the goodes of theyr husbandes the kynge shall haue the sute for the goodes taken away and if the wyfe wylfully forsake her husbande and go away and coÌ„tynue with her aduouter she shall be barred for euer of accyon to demaund her dower that she ought to haue of her husbaÌ„des landes if it be proued agaynst her eâ—cept that her husbande wyllyngly and without cohercyon of the churche reconcyle her and suffer her to dwel with hym in which case she shal be restored to her accyon he that caryeth awaye a nonâ—e from her house although she consent he shal be pâ—nished by thre yeres imprysonment and shall make conuenyent satysfaccyon to the house from whens she was taken and neuertheles shal be raunsomed at the kynges wyll ¶ The .xxxv. Chapitre COncernyng chyldren malys or femalys whose mariage belongeth to another taken and caryed awaye if the taker haue no ryght in the maryage though afterwarde he restore the chylde vnmaryed or els paye the maryage he shall neuertheles be ponyshed by two yeres imprysonment and if he do not restore or do marye the chylde after the yeres of consent and be not able to satysfye for the maryage he shall abiure the realme or haue perpetual imprysonmeÌ„t therupon the playntyf shall haue such a wrytte St A. fecerit â—esecurum de clamore suo c. tunc pone per vadium c. B. quod sit coraÌ„ iusticiariis nostris c. ostensur quare talem heiedem infra eta tem existeâ— cuius maritagium ad ipsum pertinent tall loco inuenit rapuiâ— et abduxit contra voluntatem ipsius A. et coÌ„tra pacem nostram â–ª c. And if the heyre be in the same countre then this clause muste be added Et diligenter inquiras vbi ille heres sit in balliua tua Et ipsum vbicunque inuenius fuerit capias et saluo et secure custodias ita quod cum habeas coraÌ„ preâ—atis iusticiatus nostris ad prefaâ—um terminum ad reddendum cui predictorum A. et B. reddi debeat And sute shal be made agaynste the partye defendant vntyll he come in by dys tresse if he haue wherof he may be dystrayned And if he wyll not be iustefyed he shal be outlawed for his contumacye And if the heyre â—e maryed or caryed in another countye then a wrytte shall be directed â—o th sheryt of the same shyre in this fourme Questus est nobis A. quod B. nuper talem heredem infra et atem et in custodia sua existenÌ„ tali loco in comitatu tali rapuit et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem c. Et ideo tibi precipimus quod predictum heredem vbicunque cum in balliua tua inuenire poteris capias et saluo et secure eum custodias ita quod cum habeas coraÌ„ iusticiarus nostris c. tali die quâ—m idem A. habet versus predictum B. ad reddendum cui de iure reddi debeat And if the heyre happen to dye before he be restored or afore he can be founde the plee shall passe betwene them neuertheles vntyll it be tryed who ought to haue had it if it had ben lyuenge And the rauyshour shall neyther be eased nor excused of the ponyshement aforesayde by the death of the heyre whome he dyd witholde by wronge durynge his lyfe And if the playntyfe dye before the plee tryed if the ryght belonge to hym by reason of his propre fee the plee shal be resomoned at the sute of the heyre of the playntyfe and the plee shall passe in due ordre but if the ryght belonged to hym by another tytle as by a tytle of gyfte sale or other lyke then the ple shall be resomoned at the sute of the executours of the playntyf and the plee shall passe as before is sayd In lyke maner if the defendaunt dye before the plee be tryed or the heyre be restored the plee shall passe by resomons betwene the playntyf his heyres or executours and the executours of the defendaunt or his heyre if the executours be not suffycyent to satysfye for the value of the maryage after as it is contayned in other statutes but not as to the payne of imprysonmeÌ„t for none ought to be ponyshed for the offense of another In lyke maner when a plee hangeth betwene partyes for the warde of lande or of an heyre by the comon wrytte that begynneth Precipetall c. quod reddat c. resomons shal be made betwene the heyres and executors of the playntyf â–ª and lykewyse the heyres or executours of the defendaunt if death preuente any of the partyes afore the plee be determyned and when they haue passed vnto the great dystres a daye shal be gyueÌ„ within which .iii. shyre courtes may be holden at the leste in euery of whiche open proclamacyon shal be made that the deforceour shall come into the benche at a daye coÌ„tayned in the wrytte to aunswere the playntyf at which daye if he come not and the proclamacyon be so testefyed ones twyse or thryse the iugemeÌ„t shal passe for the playntyf sauyng the ryght of the defendant if afterwarde he wyll clayme it In lyke maner it shal be done in a wrytte of trespas when any complayneth hymselfe to be putte from such wardshypes ¶ The .xxxvi. cha FOr asmuche as lordes of courtes and other that kepe courtes and stewardes
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
taken and imprysoned for murdre felonye and such as be not repleuysable contrary to the fourme of our statute made at westmynster of persones repleuysable and not repleuysable wherby such traÌ„sgressours not repleuisable be let out and for to delyuer them deceytfully before the comyng to the iustyces erraunt or other assigned for theyr delyuerauÌ„ce they procure by themselues and by theyr frendes iurours of the countre and some they threate wherby aswell for feare of the sheryfes other your let thym at large by suche pleuyn as for feare of the theues beyng so delyuered before iustyces assygned for gayle delyuerees suche felonyes and murdres are conceled and so beyng conceled remayne styll vnponyshed We for vâ—â—â—re of our realme for the more assured conseruacion of our peace haue prouyded ordeyned that iustyees assigned to take assyses in all shyres where they take assyses as it is ordeyned incoÌ„tyneÌ„t after the assyses taken in the shyres shall remayne both togyther if they be lay And if one of theÌ„ be a clerke then one of the more discrete knyghtes of the shyre beynge assocyate to hym that is a lay man by our wrytâ—e shall delyuer the gayles of the shyres as wel within the lybertes as without of al maner of prysoÌ„s after the fourme of the gayle delyueres of those shyres before tymes vsed And the same iustyces shall inquere then â—â— sheryfes or any other haue let out by a pleuyn prysoners not repleuyable or haue offended in any other thynge contrarye to the fourme of the foresayd statute lately made at westmynster they shall refourme and â—onyshe them in all thynges accordyng to the fourme of the statute aforesayd ¶ The .iii. Chapâ— ALso where we haue prouided that none shal be impanelled any wher out of the shyre where he is dwellyng in recognysaunces inquestes and iuryes that hath lesse then C. sÌ„ of land or rent wherby aswell they that haue more landes by to often apperynge aswell in our eschequer as before our iustyces of eyther benche are moche impoueryshed we therfore consyderyng the intolerable damage of our people not onely for the dyscharge of suche iurours but also for the more spedye mynistracion of iustyce to all partyes suyng in our courte haue prouyded and ordeyned that inquestes recognysauÌ„ces determynable before iustyces of eyther benche fromhensforthe shall be taken in tyme of vacacyon before any of the iustyces before whome the plee is brought beynge assocyate to one knyght of the same shyre where such inquestes shall passe oneles it be an inqueste that requyreth great examinacioÌ„ And so from hensforth in takyng suche inquestes the iustyces shal do as to them shall seme moste expedyent for the comoÌ„ v 〈…〉 e of our realme not withstandyng the statute lately made at westmynster vpon the takyng of such inquestes contaynyng that if any inquestes be taken coÌ„trary to the fourme of the sayd statute they sholde be of none effect And therfore we commaunde straytly chargynge the that incontynent without further delay thou shalt cause to be redde and publysshed in cytes borughes merchaunt townes and other solepmne places through out thy lyberte where thou shalt thynke moste necessarye all the artycles about sayd the which we haue graunted wyllyng them to be kept and obserued stedfastely and without contradiccyon and that thou notefye and declare all synguler the premysses to all our lyege people without delaye wytnesse cÌ„ ¶ Here endyth the statute of leuyeng fynes ¶ The statute of Carlyll made the xv yere of Edwarde the secounde THe kynge vnto the iustyces of his bench greatynge Where as of late we haue ordeyned that all suche fynes as are to be leuyed in our court be lawfully leuyed whiche we wyll in no wyse to be broken or to be adnulled of theyr power we haue sente vnto you our mynde in wrytyng firmely to be obserued that is to wyte that aswell the partyes demaundant or playn tyf as the tenantes or defendantes that wylyelde or knowledge ryght of landes or tenemeÌ„tes vnto other in plees of warrauntye of chartour couenaunt other wherupon fynes are to be leuyed afore you before such fynes do passe the parties shal appere personally so that theyr age idyocye or any other defaute beyng in them maye be iudged and dyscerned by you prouyded alway that if any persone agyd or decrepyte or impotent by casualtye be so oppressed holden that by no mean he is able to com before you in our courte then in suche case we wyll that two or one of you by assent of the resydue of the benche shall vysyte the partye so dyseased and shall receyue his recognysaunce vpon the plee and fourme of plee that he hath in our court wherupon the same fyne ought to be leuyed and if there go but one he shal take with hym an abbotte a pryour or a knyght a man of good fame and credence and shall certefye you therof by recorde so that all thynges incydente to the same fyne beynge eramyned by hym or them the same fynes accordyng to our former ordynaunce may be lawfully leuyed yet we wyll not that any of our barons of theschequer or our iustyces shall admyâ— any attorneys but onely in plees matters that passe before them in the benches and in places where they be assygned by vs. And the same power of admyttynge attornes we prohybytte denye to the clerkes and seruauntes of the sayd barons iustyces And do ordeyne that if any attourneys be admitted here after by any of the persones aforesayd theyr admyssyon shal be of none effecte Reserued alway in the chauncellour for the tyme beyng his authoryte in admyâ—tyng attorneys accordyng to whose discrecyon they shal be admytted to out those iustyces as heretofore hathe ben obuerued in the admyssyon of attorneys we wyll also that this our ordynaunce shall take effecte and begynnynge at the vtas of the Trinite nexte insuyng Gyuen in our parliameÌ„t at Carlyll the .xv. yere of our reygne ¶ Here endeth the sta of Carlyll ¶ The statute of defendyng ryght made the .xx. yere of Ed .i. WHeÌ„ that any purchaseth a wrytte agaynst the tenauntes by the curtesye in taylle in dower for terme of lyfe or of yeres and the demaundaÌ„t suyth so ferre that the landes be in maner recouered wherupoÌ„ another comyth in before iudgement gyueÌ„ sayth that he hath fee ryght in those laÌ„des prayeth the court that in asmuch as he is com before iudgemeÌ„t he may be receyued to defend his ryght to make aunswere vnto the demaundant therof by force of a certayne statute lately made by the kyng that now is at westmÌ„ wherby aswell such as had no ryght as they that had ryght oftentymes in the case afore mencyoned falsely and in deceyte of the courte dyd â—om in and pray to be receyued to make aunswere to the inteÌ„t that theyr admyssyon myght prolonge the demaundant froÌ„ the attaynyng vnto iudgement and season of his lande and for to
examynacyon shal be fallen in the cuntre before a iustyce of the place where the plee is accoÌ„panyed with a substanciall man of the cuntre knyght or other so that a certayne day be gyueÌ„ in the bench and a certayne day place in the cuntre in presence of the partyes demaundyng the same And also inquestes and iuries in plees of lande that requyre greate examynacion shal be taken in the cuntre in the maner abouesayd before two iustyces of the benche And the iustyces or iustyce shall haue power to record nonsuytes and defautes in the cuntre at the dayes and places assygned as afore is sayd And that they shall do in the thynges aboue mencioned shal be reported in the benche at a day certayne there to be inrolled and therupon iudgement shal be gyuen And the kyng intendyth not that the sayd inquestes and iuries shulde not be taken in the benche if they come nor that this statute shuld extende vnto greate assyses and also a iustyce of the one place and of the other beynge associate with a dyscrete man of the cuntre knyght or other at the request of the playntyf shall take inquestes vpoÌ„ plees pledyd and to be pledyd that be mouyd by attachement and dystres and shall haue power to recorde nonsuytes as aboue is sayd and to take inquestes vpon defautes there made And as to such inquestes as are to be taken vpon wryttes of Quare impedit the fourme conteyned in the statute of westmynster secounde shal be kept and the iustyces shall haue power to recorde nonsutys defautes in the cuntre and to gyue iudgemeÌ„t therupon as they do in the bench and there to reporte that that they haue done there to be inrolled And if it happen the iustyce or iustyces that shal be assygned to take suche inquestes in the countre do not come or if they come into the countre at the daye assygned yet the partyes and persones of suche inquestes shall kepe theyr daye in the bench And because it is many tymes coÌ„playned in the kynges courte vpon retournes that bayllyfes of fraunchyses hauyng full power to retourne the kynges wryttes haue delyuered to sheryfes haue ben afterwarde chaunged otherwyse retourned in the kynges courte to the damage of the partyes and the delay of ryght It is agreyd that for suche retournes as hereafter be delyuered to sheryfes by suche bayllyfes of fraunchyâ—es an indenâ—ure shall be made betwene the bayllyf of the fraunchyse by his proper name and the sheryf by his propre name And if the sheryf chaunge the retourne so delyueryd to hym by indenture and be therof conuycte at the sute of the lorde of the fraunchyse of whome he receyued the retourne if the lord haue had any damage or if his fraunchyse be dystayned or at the sute of the lorde of the party that hath sustayned losse through that occasyon he shal be ponyshed by the kynge for his false retourne shal yelde vnto the lorde and to the partye double damages Also it is agreyd that fromhensforth sheryfes and other bayllyfes that receyue the kynges wryttes retournable in his court shall sende theyr owne names with the retournes so that the courte may knowe of whome they toke such retournes if nede be And if any sheryf or other bayllyf leue out his name in his retournes he shal be greuously amerced to the kynges vse Also for the comoÌ„ profytte of the people it is agreyd that no offycer in cyte or towne that by reason of his offyce ought to kepe assyses of wynes and vytaylles in asmuche as he is attendaunt to his offyce shall not by wynes nor vytaylles neyther in grose nor by retaylle And if any do be therof conuyct the merchaundyse wherfore he is conuyct shal be forfayte to the kynge and the .iii. part therof shal be delyuered to the partye that suyd the offendour as the kynges gyfte in suche case hâ— that wyll sue for a thynge so forfayted shal be receyued And the chauncellour treasourer barons of the eschequer iustyces of eyther benche and iustyces assygned to take assyses shall admytte such playntes by wryttes without wryttes and shall determyne them shall perfourme all thynges contayned in these articles in fourme abouesayd and neuerthelesse the kynge may assygne his iustyees to execute this thyng in cytes boroughes when and where it pleaseth hym ¶ Here endeth the statute of yorke ¶ The kynges prerogatyue made the .xvii. yere of Ed .ii. OVr soueraygne lorde the kyng shal haue the ward of all the landes of suche as holde of hym in chyeâ— by knyghtes seruyce wherof the tenaÌ„tes were seased in theyr demeane as of fee at the day of theyr death of whom so euer they holde els by lyke seruyce so that they helde of auncyent tyme any lande of the crowne vntyll the heyre com to his law full age excepte the fees of the archbysshop of Canterbury the byshop of Durham betwene Tyne Tese fees of â—â—les and barons in the marches where the kynges wryttes do not lye wherof the sayd archbyshops byshops erles baroÌ„s ought to haue such wardes though they held of the kyng in som other place ¶ The fyrst Chapitre ALso the kynge shall haue the maryage of an heyre beynge within age and in his warde whyther the landes of such heyres haue appertayned to the crowne of auncyent contynuaunce or that it came by reason of escheare beyng in the kynges handes or that he had the maryage by reason of the warde of the lordes of suche heyres without any respectes to the prioryte of feffement all be â—â— they helde of other ¶ The .ii. Chapitre ALso the kynge shall haue prymer season after the death of suche as helde of hym in chyefe of all landes and tenementes wherof they were seased in theyr demean as of fee of what age that theyr heyres be takynge the issues of the same landes and tenementes vntyll inquysicion be made as the maner is and â—â—â—tyll that he hath taken homage of such heyres ¶ The .iii. Chapitre ALso he shall assygne to wydowes after the death of theyr husbandes that helde of hym in chyef the dower that to them belongeth c. though the heyres be of full age if the wydowes wyll such wydows before assignemeÌ„t of theyr dower shall swere that they shall not marye themselues without the kynges lyceuse whyther the heyres be of full age or not And if they marye without lyceÌ„se then the kynge shall take into his handes by waye of dystres all suche landes tenemeÌ„tes as they hold of hym in do wer vntyll he be satysfyed at his owne wyll so that she shall take nothynge of the issues cÌ„ for after suche dystresses they or theyr husbandes muste fyne at the kynges wyll And his wyll in the tyme of kynge Henry father of kynge Edwarde was estemed to the one yeres value of her dower oneâ—es they had the greatter fauour women that holde of the kynge in chyef of what so euer age
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
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
folio 65. Audiendo et terminando folio 83. B. Bankes and Brydges folio 5. Ballyâ—es folio 7. 89. 177. Barâ—s of the eschequer folio 125. 127. Bastardy folio 17. Benche of the kynge folio 187. Bigamy folio 141. C. Castellaynes folio 5. 33. Cessauit folio 52. 78. Chalenge folio 177. ChaÌ„pertie fo 41. 99. 110. 123. 179. 188. Chapyters folio 41. Charter of pardon folio 54. Certificacyon folio 82. Chauncerye folio 79. Chimynage folio 13. Churchyardes folio 104. Clergie clerkes folio 5. 28. 32. 117. Collusion folio 54. Comen plee folio 4. 147. Compos mentis folio 135. Conspiracie folio 123. 179. 188. Consultacion folio 159. Contra formaÌ„ collacionis fol. 93. Contra formam feoffamen 2. fol. 22. Coperceners folio 2. 154. 148. Croppe fol. 14. Corrodie folio 116. Coroners folio 34. 160. Crowne folio 5. Cosynage folio 78. Counter plee of voucher folio 48. 129. Countie folio 8. Crosses folio 86. Cui in vita folio 52. 61. D. Damages folio 14. 23. 50. Darreyn presentment folio 4. Daye folio 14. 145. Dette to the kynge folio 3. 5. Dette folio 74. 106. Dysceyte folio 42. Dysseson with force folio 45. Distresse fol. 5. 19. 20. 25. 27. 36. 37. 89. 123. 189. 115. Dower folio 3. 14. 49. 58. 86. Disperagment folio 3. E. Eleccyons folio 33. 116. 189. Embrasours folio 188. Entre folio 29. 53. 62. Escape folio 32. Eschequer folio 151. Eschete folio 6. 136. 137. Escuage folio 9. Essoyne folio 25. 27. 47. 53. 54. 75. 77. 82. 155. Estretes folio 154. 124. Estripament folio 55. Excepcion folio 84. Excommunicacion folio 114. 116. Execucion 77. 96. Executors folio 78. Exempcion folio 25. Extorsion folio 42. 43. F. False iudgement folio 27. Fayre pledyng folio 24. 33. Fees of the courte folio 41. Felonie folio 158. Felons goodes landes folio 137. Ferme folio 189. Fyne to the kynge folio 6. Fynes folio 124. 127. 163. Foren folio 40. 44. Forest folio 10. 158. Forstallers folio 168. Franke plege folio 8. 110. G. Gauelkynde folio 137. Gayle delyuere folio 125. Golde smythes folio 190. H. Hawkes folio 12. Homage folio 94. 95. 138. 148. Hostery folio 102. Houses of religion folio 30. 28. 110. Hundredars folio 147. I. Inquestes folio 56. 101. Indicauit folio 144. Ioyntenauncie folio 142. Irelande folio 149. Issues folio 90. 91. 124. Iuris vtrum folio 79. 89. 188. Iurour folio 27. 84. 118. Iustice folio 19. 20. 39. Iustices in eyre fol. 26. 27. 73. 150. Iustices of assyse folio 83. 175. Iustices of both benches folio 48. K. Knyghtes folio 165. L. Landes of felons folio 137. Leape yere folio 171. Lyberties fol. 1. 4. 13. 30. 117. Limytacion folio 7. 45. 98. Lyuerey folio 146. 190. London folio 54. 55. 164. Lordes folio 8. 25. 70. 88. M. Maynpryse folio 36. 124. Marchauntes folio 7. 105. 181. Marshalsie folio 186. 187. Meane folio 70. Mordauncetor folio 4. 25. 53. 64. Mortmayne folio 8. 85. 100. 109. Murage folio 42. Murder folio 28. 54. N. Nâ— iniuste vexes folio 4. Nisi prius folio 83. 126. 131. Non clayme folio 59. Nusance folio 79. Nexte frende folio 17. 26. 76. O. Offycers folio 42. Ordynaryes folio 77. P. Panell folio 188. Parkes warrens folio 18. 39. 158. Payne harde strayâ—e folio 35. Peers of the realme folio 5. 7. Pyllory folio 156. Plegges folio 3. Pryson prysoners folio 358. Prerogatyue of the kyng folio 133. Precipe in capite folio 6. Primer season folio 133. Priuylege folio 95. Proces folio 27. 74. 172. 189. Prohybicyon fo 120. 121. 113. 114. 115. Proteccion folio 162. Purgacion folio 32. Purpresture folio 141. Purlyewe folio 178. Purueyours fol. 6. 30. 43. 169. 185. Q. Quart impedit folio 14 .lxv. Quarentin folio 3. Quod eâ—deforciat folio 64. Quod permittat folio 79. Quo warranto folio 149. 174. R. Rape folio .lv. 86. Rauyshement of warde folio 8. 7. Recordes folio 70. Redysseson folio .xv. 22. 82. Releffe folio 2. 138. Repleuyn folio 27. 37. 60. Resceyte folio 62. Residens folio 115. Reasonable ayde folio 44. Returne of shryues bayllyfes 90. 132. Retourne of beastes folio 61. Ryght folio 6. 7. 47. 68. Ryuers folio 98. Robbery folio 101. 102. 186. S. Salmons folio 98. Scotall folio 11. Shryues folio 38. 122. 126. 147. Statute marchaunt fol. 105. 181. Sturgeons folio 136. Suyte folio 22. Suspeccion folio 103. Swanymote folio .xi. T. Tayle folio 58. Tellers of newâ—tydynges folio 43. Tenauntes in comen folio 78. Tenaunt by the courtesie folio 58. Tenure folio 100. Tolle folio 42. Tourne of shrynes fo 8. 14. 75. Trespas folio 18. 30. 39. 53. 86. V. Vacacions folio .viii. wager of lawe folio 7. warrante folio .li. 141 .lxviii. 92. warde folio 2. 3. 7 .xvi. xxi 40. 49 .lxxvii. aud .lxxxvii. waste folio 2. 3 .xvi. 40 .lii. lxxvi .lxxviii. C ixvi C xâ— watches folio C ii weyghtes and measures folio 6. C xi C l. C lvi weres folio .v. vi wedowes folio 3. 14. 134. Vyewe folio 99. wytnesse folio C xxxi women caryed away folio .lxxxvi. Voucher Loke in counter plee wrecke folio 32. C xxxvi wryttes folio 53. C lxxxvii â—â—â—ry folio .xvi. â—â—larie folio .x. ¶ Finis ¶ Thus endyth the boke called Magna Carta translated out of Latyn Frenshe into Englyshe by George Ferrerz ⸫ Imprynted at London in Fletestrete by me Robert Redman dwellyng at the sygne of the George nexte to Saynt Dunstones church ¶ Cum priuilegio Re galj R. Redman