and countes where of they be or haue be conâersaunt or ells they shal be abatyd And yf any vtlary be pronouÌced in such case it shal be voyâ And though they vary from the record oâefpecyalte for such surplysage they shall not abate j. Hvcav Admyrall ¶ âââââors aââ that they be reteyned to seââ the kyng vppoÌ the see and reseyuyd their wagis and after depart wythout lyceÌce of the admyral or his leuetenaÌt be bound to restore the double of that they receyued to haue iÌprisoemeÌt of ij yeres without bayll or maymprise the kyng ê¯mauÌdyth all shiryffs mayreâ aud baylyffes that at the certifycat of the admyrall or hys leueteuauÌt witnyssiÌge the same to arest them and to put theÌ iÌ preson ther to remayn tyll thay haue a speciall ê¯maundemeÌt of the kyng for theyr delyuerauÌce lyke punyshmÌt be done of the seriauÌtis of armys maisters of shyppê âll other that shall be a tayntyd by iÌquire before the admyrall or hys leuetenaÌt that haue takyn ought of the sayd mareners to suffer them to go at large after that they haue them so therfore ârestid the ij yere of R. ij c. iiij ¶ All maner contractis plees quarrellys and other thynges done or growyng withiÌ the bodyes of the coÌntes as well by lande as by water also wrekys of the see shall be determynyd by the lawe of the land and not by the admyrall neuertheles of the deth or mayme of a man don in the great shyppis beyng harboryd in the myddys of the hye stremis of the gret ryuers only benethe the bryggys of the ãâã riuers next to the see the admyrall shall haue iurisdiccion in no nother maner And also to arest the shyppys in the great stremys for the great vyagis of the kyng the realme sauing to the kynge all maner forfeytis therof coÌmyng And also he shall haue iurisdiccyoÌ in the sayd stremys durynge the sayd viagis only sauynge all wey to cytes and borowes and lordis theyr lybertes and fraunches The xv R ij c iij ¶ The admyrall shal medyl with nothiÌge done within the realmÌ the xiij R ij c v he that is greued agaiÌs this estatute shal haue a writ vpppon his cas agayns hym that sewyd hym in the admyrall court shal recouer double damagis yf the defendant be attaiÌt he shal pay xli to the kyng the ij H iiij c xi Loke morâ for admyrall in the tytle trews Administratours ¶ yf a maÌ dye intestate the ordinary shall depââte the next lawful freÌdê of the dede maÌ whych shall haue accion make answere aud be accomptable to the ordinaryes as executoursâ xxxj E iij Ca xi Age ¶ In a wryt of entre by the heyre of the disseysi agayns the heyre of the disseisour the wryt shall not be abatyd by the noneage of the one nor of the other nor the plentyff delayd c and if a man bryng assise the disseysour dye before the assise pass the pleyntyff shall haue his wryt agains the heyre of the disseysour of what age so euer he be the ple shall not abâd but it shall be pursewyd with quyk suât astyr the disseysyn And in the same maner this point shall be in the ryght of the pÌlatis of religion other to whom landis tenemeÌtis may come after an others deth whedyr they be disseysyes or disseysours WestmÌ primÌ Cxlvi ¶ yf an infant with in age be kept from hys inherytance after the deth of his cosin graunt fadyr or gret graunt fadyr by whcih he owght to haue a wryt his aduersary alege a fefement or sey any other thyng wherby the iustyce award the inquest wher it was delayed tyl the age of the infant here the inquest shall now passe as though he were of full age Gloucesterâ Capitulo secundo ¶ â wryt of cui in vita or âur cui in vita shall not be diââerryd after the deth of the husband for the noneage of the heyre which ought to warrant it but the byer shall âary vntyll the ful age of the heyre westmÌ ii Ca xl Aid of the kyng ¶ where the kyng makyth a fefement and the dede ther of made be so that any person by lyke dede or lyke feffement be bound to warrantye the iustyce may êcede no further In other casts as where the kyng hath confirmyd or ratyfyed an other maÌnis dede in to an other mannys ryght or grauntyd any thyng to an other as mych as in hym is Or wher a dede is shewâyd that the kyng hath gyffyn any tenement not no clause therin conteynyd wherbyâ he owght to warrant it and for the occasion ther of in all such lyke casâs it shall not be surseysyd but that as sone as it is shewd to the kyng they shall êcede Of wymennys dowers where any haâe the kepyng off the heyris of theyr husbandâs of the kyng is graunt whethyr the kepers hold the land or the heyris of the lond be vouchid or callid to warrantye yf they ley excepââon that they can not answere wyth out the ãâã they shall not surcesse therfore but they ââall procede in the accion accordyng to ryght âtatut de bigamis Capitulo primo ¶ A maÌ shall haue but iiij wryttis ofâerch were he hath ayde of the kyng wherof euery ââalbe deliuerd .xl. days before the retorn of the ââme .xiiij. E. iii. CapÌ xiij Alyens ¶ Priours alyens conuentuall institute inâuct may haue theyr beneficis in englond so âhat they fynde suerte that they shall not discoâer the secretis of the reame The furst yere oââenry the .v. Capitulo .vij. ¶ Non of the kyngis lege people nor noÌ other âe fermour nor procuratour to any alyen whââche hath auy benefyce within this reame The iii. yere of R c. ii capitulo .iij. ¶ Alyens shall take no possessyon in no beneâice in englond without the kyngis lyceÌce The ãâã of Richard .ij. capitulo .xi. ¶ The kyng shall haue the possessions of pâââours aliens in fee if they be not coÌuentu âlls ââââstitute induct The iiij yere of henry the ãâã the last chapt ¶ It is law full for no alien to shote in a loâââ bow with out the kyngê lycence vppon payâââ of forfeture of the same bow arows euery of the kyng subiectis may seyse the bow arââws .vj h viij Cap ij ¶ All aliens hauyng any manuel occupacioâ in the suberbis of any cyte or town with in thââ reame or with in ij myle therof except oxford ãâã brydg seynt merteyns the grauÌt in londoÌ ãâã be vnder the serch of the wardens of the oââââpacioÌ with an alion housholder of the same ââcupacioÌ to theÌ chosin And they shall delyâââ to the same alions beyng a blak smyth coupâ pouchmaker or ioyner a sign or a merk whyâ they shall put vppon theyr work or thei puâ to sale vppon payne of forfeytour of doble ãâã leto of the same warys Also yf such wardenââ
the whych shyre they shall com and take the asyses attaynts c. and in euery shyre or they depart they shall assygn a day of theyr coÌmyng thydyr agayn that all men may know and by this same statute the iurrours iÌ assise shall gyf theyr v det at large and the Iustyce shall put non in the assise or iuryes but they that be furst soÌmonyd w. ii C. xxx ¶ Ther shal be viii Iustyces assignyd to the assisis iurryes and certificacoÌns to be takyn thorow out all englond bnt in middylsex they shal be takyng before the justyce of the commyn bench Statut. de iustyces assiss ¶ Other that be not Iustyce of the placys yf they may be found suffycyent shal be iustycâs of assyses of Iurrys and certificacoÌns thorow out the land to delyuer the gealys .iij. tymes of the yere more oft yf nede reqire .iiii. E. iii. c.ii ¶ Assises shall be holdyn iÌ the tounis where the countes be vi R. ii C. v. ¶ The chauÌchelour by the aduise of the iustis may charge the tovnis of assisys xi R. ii c vlt ¶ Assises of the couÌte comÌland shal be holdyn in the tyme of pease at cardoyll and iÌ no nother place Anno .xiiij. H. vi c.iii ¶ Assises of rent goyng out of tenementis in ii countes shal be holdyn in the border of the countes as it hath be woÌt of comeÌ of pastur in one conute appeÌdaÌt to tenemeÌtê a other couÌte vii R. ii cx ¶ Assise brought agaiÌs the lord of the auncy on demesne or baylyf of fraunches that be not disseysours nor tenÌtê therin namyd for to take a way theyr fraunches furst it shal be inqÌryd therof by the assise if it be found the wryt shall Abate in the hole .ix. H. iiij Ca. v. ¶ Where in assise the shyryf ys namyd a disseyssour to the intent that he shall not serue the wryt the tenant shall pled it and shall sey he is no disseyssour and yf it be fond the wryt shall abate .xj. H. vj. cap. ij ¶ yf in assise or accoÌn êsonell the deffeÌd make defaut by colucoÌn bytwen the pl. hym to take a way the coÌusauÌce that found by assise wher such excepcion is aleyd or by inquest in accion personell that than the wryt shall abate and the pl. the lord or baylyf of fraunches shall haue theyr chaleng .viij. h. vi Ca. xxvj ¶ A recouerÌ in assise shall not be preiudyciall in the reuercoÌn to them that were beyoÌd the see in the kyngis seruyce to iÌdure to a certeyn time ix h. v. ca. iij. iiij h. vj. ca. ij viij h. vj. ca xiij Assise of the nisi prius were prorâgyd by proclamacion be cause of the plyamânt wyth out discontynuaunce ix h. iij ca. primo ¶ Loke for assise in the titles panell in iurrour in iustice of assise in takers of êfettis Adiournemânt ¶ The iustice of assise shall adiourne the assise in theyr iurney also in the bank for difficulte Magna carta cap. xij ¶ The iustice of asâise froÌ terme to terme shall adiorn the assises yf that by calling to waraÌtye essoÌ or be defaut of the recognitours at one day the takyng of them be defferryd and if it be seene profitable for any cause that the assise of inordauÌcetour by essoÌ calling of warraÌtye respityd shuld be adiournyd in to the beÌch it shal be lawfull for them so to do and theÌ they shall seÌd the record to the iustice of the bench wyth the wryt originall and when the ple coÌmyth to the takyng of the assise the ple shal be seÌd wyth the wryt originall by the iustyce of the beÌch to the furst iustyce before whom the assise shal be takyn But the iustyce of the bench in these assissis shall gyff .iiij. days be the yere before the iustyce assygnyd W. ij C. xxx Assosiacion in assise Loke therfor before in the tytle of assise W. ij capitâlo .xxx. Attaynt ¶ The kyng by his office shall grauÌt attaynt vppon an inquest in ple of land or of thyngis whych long to frehold when he shall see it necessary W. primÌ ca. xxxvij ¶ yf the furst iurrours that be alyue come not in the attaynt at the furst grand distress vppon them retornyd or yf the retorn be that they haue nothyng wherof they may be distreynyd that theÌ the iurry of xxiii shal be takyn by their defaut sauyng alweys other êces in syche iurryes vsyd c. stat de attinctê xiiii E. iii ¶ Attaynt shal be grauntyd as well vppon the princypall as vppon the damÌ in a wryt of tres pas without spekyng to the kyng and the iustices in sych case shall not let to take the attaintys .j. E. iii. C. vi ¶ Esson de seruices le roy nor êteccon shall not be alowyd in attaynt v dayes in the yere shal be gyffyng in attaynt .v. E iii C vii ¶ Attaynct shal be grauÌtid in a byll of trespas before the iustyce of record yf the damagis passe not .xl. s. v. E. iij. C. vij ¶ Attaynt shal be grauntid as well vppoÌ a byll of trespas as vppon a wryt not hauing regard to the damag .xxviij. E. iij. Stat. vltimo ca. viij ¶ Attainct shal be grauntid ad well in plereall as êsonnell it shal be gyffin to pore meÌ wyth out fyne and to all other for easye fyne .xxxiiij. E. iij. Chapitulo septimo ¶ yf the tenaÌt for terme of lyff tenant in dower tenant by the curtesye or tenant in the tayle afâ possibylite of the issu extynct be inpledyd anâ lose by defaut or in other maner that he to whom the reuercoÌn is or his heyris or successours shall haue attaynt or a wryt of errour as well in the lyfe of the seyd tenantê that so lost as after theyr dâth And yf such iugement erroneons be reuersyd or such fals verdyt than the tenauÌt that lost by the furst iugement yf he be alyue shal be restoryd to possession of the landê so lost wyth the issues in the meane tyme and the ête pursuant shall recouer the areragis of the same reÌt yf any to hym be dew And yf such tenaunt at the tyme of such iugement be ded that the restitucoÌn of such tenement be made to the perte pursuant wyth the issues after the deth of the tenaÌt before seyd âoyntly wyth the areragis of the reÌt yf any be dew to hym in the lyfe of sâch tenaÌt It is porueyd nor for that be âouyth not that the tenant that so lost by the âurst iugemÌt be alyue and the perte pursuaÌt wyl âlege that the same tenant was of couen and âssent wyth the demandauÌt that recouyd that âuch tenementis ought to be lost that than restiâucon of the same tenementis be made to the saâe partie pursuaÌt wyth the issues areragê as âs before seyd sauyng to the seyd tenant his acâoÌn by wryt of scire fac owt of thesame iugeâent so reuersyd
of the deth of any man êishid he shal be takin imprisonyd also of all manslaughters burglaryes of men êishid or slayn hue and crye shal be leueyd as it was wont in englond all shall folow the crye and the trace yf it may be and they that do not theron shal be conuict and attachid that they be before the iustice c. Tractaââ de officiis coronatorum ¶ Certeyn men shal be assygnyd to inquere of the defautis of the coroners and they shall make inquisicion by men of euery hundred and wapentak yf the coroners haue take any thyng for the doyng of theyr offyce and for not doyng of their offyce in euery poynt cetera Stat. Exon. yt semyth by the statute that the coroner shall take the goodê of the feloÌs suspect delyuer them to the townê to be kept and that he shall take as well appellis of rape as other appellis cetera ¶ Here you this syr coron that I. M. B. am â theff of .ii. beoffis or some other best or a murderer of one man or many and a felon of our lord kyng henry kyng of englond and because I. haue done many yuellê thefftis iÌ this his laÌd I. Abiure the laÌd of our lord kiÌg henry of engloÌd and that I. owe to hyeme toward the port of such a place whych thou hast gyffin me and that I. owe not to goo owt of the hye wey yf I. doo I. wyll that I. shal be takiÌ as a theffe and felon of our lord the kyng and that at such a place I. shall seke my passage diligeÌtly and. I. shall not byde there but one flod an Eb yf I. may haue passage and yf I. caÌ not haue such spede I. shall go euery day in to the see to the kneys wyllyng to passe and if I. may not wythin .xl. days coÌtinually I. shall bryng my self f agayn in to the church as a theffe and a felon to our lord the kyng as so help me god holy iugement c. Tractatu de abiuracione latronum ¶ Coroners owght to certefye theyr inquisicions to the iustyce of the gaole delyuere next beyng in the counte after the inqisicioÌs takiÌ vppoÌ paiÌ C. s. also the coroner shall haue for his âabour .xiij. s. iiij d whych shal be leueyd of the goodê of hym that dyd the murder yf he haue any and yf he haue not and escape than it shal be leueyd of the mercyamÌtê of the town wher any such murder happyth to escape .iii. henry .vij. Capitulo primo ¶ Coroners shall inquere vppon the syght of the body yf the mârder where don by day and if they fynd it so the murderer be not takyn than it is an escape for the whych the town wher the murder was doÌ shal be amercid .iiij. h. vii Capitulo primo ¶ The coroner shall do his office vppon the body slain drownyd or other weys ded by mysaduenture vppon a request to hym made wyth owt any thyng takyng for his labour or yf hedo not or ellis take any thing that he shall forfeyt for eueri tyme .xl. s. j. h. viij Cap. vj. Corpus cum causa ¶ He that suith to defete an execucion by a statute of the staple and theruppon commyth in the chauncery by corpus cum causa and there hath a scirÌ fac agains the partie vppoÌ the defeysaunce or such like he shall fynd surete as well to the parte as to the kyng seuerally .xi. hen vi Capitulo .x. Loke yf he shall do so in an audita querela by the equite cetera Cosinage In a wryt of cosynage ayl besayl the tenauÌt shall sey that the demaundant is not next heyre of the same auncestour cetera w. ij Cap. xx as it is in mordauncetour at the comin law Countreple de voucher ¶ In a wryt of mordauncestour cosynage ayle nuê obiit intrusion and other wryttis lyke yf the tenaunt vouch to warantie and the demaundant sey that the tenant or his auncestour whose heyre he is was the furst that enteryd after the deth of hym of whose seysyn he demanudyth the auermeÌt shal be reseynyd yf the tenaunt wyll abyde theron and yf not he shal be put to a nother answer yf he haue not hys warrante in presence that wyll warrant hym and incontynent enter in answer sauyng to the demaundant hys excepcions agayns hym yf he wyll vouch forther as he shuld haue before agayns the furst tenaunt cetera yet agayn in all maner wryttis of entre that make mencion of the degres that non from hens forth vouch owt of the lyue and in other wryttis of entre where no mencion is made of the degrees and in the vryt of ryght it is prouydyd that yf the tenaunt vonch to warrantye and the demaundant sey that he that is vouchid or his auncestours had neuer seisin of the laÌd or the tenemeÌt in demaund in fee nor in seruice by the hand of the tenaunt or his auncestours after the tyme of him of whose seseisin the demaundant declaryth vnto the tyme that the writ was purcheysyd and the plee mouyd by the whych he may auer the tenaunt or his auncestours feffours the auerment shal be reseyuid if the tenauÌt wyll abyd therby vt supra sauyng to the demauÌdaÌt c And the same excepcion shall haue place in a wryt of mordauncestour and other wryttis before nâmyd as well as in wryttis that touch the ryght and âf the tenauÌt haue a dede of warrÌ of a nother maÌ other wyse his recouery shal be sauyd vnto hym by a wryt of warrant of charters when he wyll porchass it but that the playntef shall not be therbi delayed w. j. Ca. xxxix ¶ when so euer the tenaunt callyth any man to warrant and the demand conterpledith by the statute that he that is vouchyd nor non of his auncestours c. he shall haue the conterple bi the statut whether the vouche be absent or present for by the wordis of the statut of w. j. he shuld not haue had the conterplee yf the vouche had be present at the tyme of the voucher therefore this statute was made cetera Stat de vocat ad warrÌ The demandant shall haue the auermeÌt that the vouche is ded or that ther is non such c. xiiij E. iii. C. xvij Crosses ¶ yf a tenant put a cross on his house to be defendyd by hospitallis agayns theyr lordis it is inactyd that it shall rene to the lordê lyke wise as of tenementis alyenyd to mortmayn w. ij Capitulo .xxxiii. Crykkis ¶ Mârchaundise shall not be chargid and dischargid in crykkis vppon pain of forfeture but by cohercoÌn of Tempest .iiij. h. iiii Cap. ix ¶ Merchaundise of the staple shippid in crykkis shal be forfeyt .xiiij. h. vj. Capitulo .v. Cui in vita ¶ yf aman lose by deffaut the tenemÌt that was his wyffis ryght the wyfe shall haue a wryt of cui
marchall of englaÌde for their retynew of knyghtis esquiers may gyue the sayd knyghtis lyuere in the marches in the tyme of warrÌ Also no lorde spirituall nor temporall shall gyue any lyuere of clothe to none but to his manuell seruauÌtis and officers them of his counsell lernyd of the spirytuall law or temporall vppon the same payne The .i. h. iiii cap. viii ¶ And also Iustyce of the one beÌch or other iustice of assyse of pease haue power to inqire here determyne aswell by recorde in theyr preseÌce as other wise of gyuers takers of liuereâ it semith that thei may do so out of their courtê ¶ Dukes erles barons banerettis may were the kynges lyuerey iÌ theyr countres but noo knyghtes nor esquyers except they be goyng or coÌmynge froÌ the kynge And the prynce may gyue his lyuere in lyke maner as the kyng The .ii. H. iiii capitulo .xxi. ¶ Knyghtes other of lower estate that gyue lyuerey of cloth shall lose at euerey tyme. C. s. the receyuour .xl. s. he that wyll sew for the king shall haue the one half the kiÌge shall nat pardon the payn euerey one of any company which at theyr costê make such lyuârey shall lose .xl. s. except gyldes craftis Prouyded that in tyme of warrÌ they may wel gyue such lyueres Iustice of assise haue power to inquyre therof in theyr cessions to certefie it in to the kingis bench the .vii. H. iiii ca. xiiii ¶ Iustyce of assyse of the pease shall awarde attachement agaynst gyuers and receyuours of lyuereys vppoÌ suggestion without inditement And vppon that a Capias and exigent and if they appere they shall attaynt them by examinacion as well of the lyueres of lordes and ladyes as other And they shall take C. s. of the giuer and .xl. s. of the taker as oft as thei offende And they shall haue a yeres prisonmeÌt The .viii. h. vi capitulo .iiii. ¶ And that the iustice of Lancastre and Chestre shall haue the same power c. The statutes be vnder stande of lyueres gyuen to them that be nat manuall seruauntes and officers ¶ None may gyue lyuere or other sygne but to his manuall seruaunt or to his man of law spirituall or temporall or other of his counsel and if he do the conârary the gyuer shall lose C. s. for euery moneth that there is any with hym so reteyned and the receyuer C. s. he that wyll sew shall haue an accion by byll of informacioÌ agaiÌst as many of offeÌders as he wyll in euery of the kinges courtis or counter palentyne vppon that proces as in trespasse except that in countre palentine no exigende shall be awardyd and if ani of the deffenders be present in courte The Iustice may coÌmaunde him to be brought to answere and first the informer shal be examined vppon a boke that his complaint is true after they may examine that defendant and iuge him conuyet bâ theyr discression aswell as by triall And the informer shall recouer the oâe half and the kyâg the other half if it be nat in cyte or towne that hath lyke forfeitour by the kyngis graunt And that no esson nor protâccion be alowed And that the sheryf or coroner may râtorne no lesse issues at the first day than .xx. s. At the second day .xxx. s. And so at euery day .x. s. of increse and if the sheryf or coroner do the contrary he shall forfeyt for euery tyme .xx. s. And the mayre and gouernours of cytes and boroughes haue power to examine and to determine it as is before sayd aswel by examinacion as by tryall And vppon that the kiÌg shal haue the one half and the maires gouernours the other half to be imployed to the vse of the cyte or towne The .viii. E. iiii ca. ii But lyueres gyuen at the kyngis coronacioÌ of creacioÌ of a bysshop or mariage of any great lorde or lady of estate or at the creacion of the seriauntes at the lawe and at other such festis and lyueres gyuen bâ the mayres and sheryffis of townes and lyueres gyuen in the defence of the king be except fro this estatute ¶ The chaunceller tresourer the pryueseale or .ii. of them or a bysshop and a temporall lorde of the kyngis couÌsell and with the .ii. chefe iustice or .ii. other Iustice in theyr absence vppon byll or informacion put to the chaunceller for the kynge or any other agaynst any person for mysbehauinge in gyuinge of lyueryes or sygnes haue auctoryte to make to come before them by wryt or pryuey seale the sayd mysdoers and to examine them and to punyssh theÌ yf thei fynd them defectyâ accordyng to the estatutis therof made in lyke maner as they shuld be ponysshed if they had be ê¯uict after the dew ordre of the lawe The iii H. vii ca. i. ¶ If any stewarde auditour receyuour or baylyf of any of the kiÌgê laÌdes tenemeÌtis ê¯stable keper of castell wardeÌ maister or game êke keê or other offycer of his forestis chaces êkes or wareÌs be law fully reteyned with any êsone or reteyne any meÌ that is dwelliÌg withiÌ the said laÌdis tenemeÌtis or lordshyppê ê¯trary to any ordynauÌce before made or suffre any of theÌ to be so reteyned with any other person shew it nat to the kynge within .xl. dayes that he hath knowlege therof or if any of the sayd offycers conuey any of the sayd tenauntis inhabitaunce fermours of the king to any fyld or assemble other wyse than by the kyngis coÌmaundement to do such seruyce as the kyng shall commauÌde hym And that alway in the kynges lyuere and sygne Or if such officer come nat to the kyng in tyme of warre or trowble when he is commaundyd hauyng no resonable excuse to the coÌtrary that than all grauÌtis by the kyng or his êgenytours or predecessours to them made be voyde And also if any of the said tenauntes or fermours bâ reteyned with any other contâary to the statutê by lyuere to kyn o the indenture or promesse or go in any fylde or assemble with ani other persone in any other lyuere sygne nat the kynges to serue the kyng only that than al grauntes lesses of any percell of the sayd laÌdes lordshyppes and possessions for terme of yeres or at will be vtterly voyde The .iii. h. vii ca. i. An other acte there is .xix. H. vii ca. xiiii but it was durynge the kynges lyfe Lollardis ¶ Ordinaries may arest meÌ defamyd or suspect for heresie kepe theÌ iÌ theyr prysoâs til they be purgid therof or abiuryd after the law of holy church so they make full determinacion therof within .iii. monythis after such arestis except ther be a lawfull impediment And yf they be conuict they shall kepe them in theyr prisons as they shall thynk best and yf it the cas require that thei put them to fyne thaÌ the ordinaryes shall send
age shall haue an accyon agayns the woman of the dysseysyn of his auncestour and the woman shal haue here ryght westmÌ ii capitulo .iiii Mortemayn ¶ yt shal be lawful to none to sel nor to gyue laÌde to any house of relygion and yf any suche gyfte or sale be made it is voyde and the land is forfeyte to the châfe lorde magna carta ca. xxxvi ¶ No regilious presume to receyue or to appropre to hym by crafte or ingyne or bye by the coloure of gyfte terme or other tytle any landes or tenementes whiche by any meanes shulde be mortemayn and yf they do it shall be lawfull to the lorde immedyate within a yere after to enter and to holde the same lande in fee and yf the lorde entre not within the yere than it shall be lawfull to the nexte lorde aboue within halfe a yere after to entre et cetera And so euery lorde shall haue his halfe yere yf all the lordê be negligent and be of ful age and within the realme and out of prison Then the kynge shal sease the landes in to his handes and shall infesse other therof yeldyng to hiÌ certein seruyce for the defence of the realme sauyng to the lordes wardê râleues eschetê other seruyce sta de religiosis ¶ yf any relygyous or spyrytuall êsons impled any that maketh defaut whârby the land shuld be lost yet it shal be inquired by the contrey yf the demauÌdaÌt haue ryght or no if he haue theÌ iugement shal be gyuen for hym and yf he haue no ryght then the land shal be forfâyt to the next lord of the fee yf he aske it within the yere yf not then the next lord aboue if he aske it withiÌ halfe a yere and so euery lord to haue his halfe yere tyll it come to the kynge euery one of the chefe lordê or any other for the kyng may chaleÌge the iârry and the land shal remayne after the iugement be clere in the kinges handes tyll the tenement by the demaundant or soÌme chef lord be disprouyd â and the sheryffes shal be charged to answere to the escheker of the issues westmÌ ii Capitulo .xxxiii. ¶ yf relygyous purchace landes with lycence of the kyng and haue his ad ê dampnuÌ though he entre by dew processe yet he shal be put to hys resonable fyne The .xxvii. E. iii. capitu iii. ¶ In all casis where any be in feffyd or in possessyon other wyse of any landes tenementis auousons fees or other possessions to the vse of men of relygyon or other spirituall persones to the intent to mortise them wherof sych persons take the profettis it shal be done of them as of landis alyenid agaynst the statute of religiosis and the same law shall be of such possession purchesyd to the vse of gyldis or broderhodys mayres baylyffes and commyns of any town which haue commynalte perpetuall or of other that haue offyce perpetuall and they that make chyrcheyardis or sepulturÌ perycholl without the kyngis lycence though they haue lycence of the pope yet they shall fall in to the same payne The .xv. R. ii capitu v. Multiplicacion ¶ NoÌ shall vse to multiplye gold or syluer nor vse the crafft of multiplicacion and yf he be attaynt therof to renne in to the pain of felonie v. h. v. Capitulo .iiii. Murage ¶ Cytezens and burgeys to whoÌ the kyng oâ his fader hath grauÌtyd murage for the inclosing of theyr to wyns for that murage take other wyse than is to them grauntid that they shall lose that grace for euer and shal be in the kyngis mercy w. i. cap. xxxiiii Murder Murder shall not be iuggid wher ther is only bât miâfortune marâebre Capitulo xxv And the kyng therof shall gyff hiâ pardon Ne imustue vexes ¶ Non shal be distreinid to do more seruyce of a knighâis âee nor no othâr frâe hold thaÌ is dew therof Magna carta capitulo .x. Nisi prius ¶ A nisi prius is gyâfân in assise adiornid vppoÌ a foreyn plâe and also in plees of trespas and in a plee of lând âftâr the discression of the iustice of the one bench or of the other and before one iustice and a knyght yf both partes ask it cetera and the iugement shal be giffyn in the bench cetera and the wryt is expressyd in the statute and the day of the nisi prius is put iÌ certeyn in the wryt w. ii Cap. xxx ¶ Inquisicions and recognisans shal be takyn before one iustyce of eythyr benche ân the tyme of vacacion wyth a knyght of the same counte wher cetera Stat de finibus ¶ Nisi prius of land which nedyth no grete examinacion shal be takin in the countrey before .ii. Iustyce or one iustices and a sade man so ther be a cârteyn day gyffyn in the bench and a certeyn day in the contrey and the iuggement shal be gyffyn in the bench and yf the iustyce come not in to the contrey the partes and they off the inquest shall kepe theyr days in in the bench Stat. Eborum ¶ Nisi prius shal be grauntyd in ple of land as well at the prayer of the tenanut as of the demaundant .ii. E. iii. Cap. xvi ¶ Nisi prius shal be in attaint v. E. iii. ca. vii ¶ Uppon an issu tried in the kyngis bench yf noÌ of that bench may come â the nisi prius shal be than grauntid before the iustice of the commin place and econuerso c. and if non of them may come than before the chef baron yf he be lernyd in the law or before the iustice of assise so that alwey one of them shal be a iustice or seriaunt at the law sworn and that they may record nonsuetis and defautis according to the statute of york c. and that the tenure of the record shal be delâueryd to eyther parte if it be askyd so that ther be no fraude to them nor to the iurrye .xiiii. E. iii. cap. xv ¶ No enquest but assise and deliueraunce of gealys be takyn by nisi prius nor in other maner at the sewt of non before that the namis of all them that shall pass in the enqnest be retornyd xlij E. iii cap xi ¶ A man shall pay for the commissions of nisi prius in the eschekyr .ii. s. for the writ of record .ii. s. v. R. ii Cap. xvi ¶ Nisi prius shal be grauntid at the praer of the iurrours of any of them at the graundistressâ retornyd and that as well at the eschekyr as ellis where .vii. R. ii Cap. vii ¶ Iustice of nisi prius in all casis of felony treason haue power to gyff iugement incontinent as well whâre they be acquite as attaynte and to ward execucion by and by .xiiii. hen vi Capitulo primo NorthuÌberlaÌd ¶ No shyryff of northumberland make colleccion of hedepens vppon payn of C. li.
shall chose whether she will haue that man that she furst maryed or an other that the kyng shall appoynt for her ca. vii ¶ Also non holdyng of the kyng in chief by knyghtes seruice may alyen part of his landê except of the resydew mai be made seruice c. wythout the kynges licence c. ca. viii It is sayd that he cannot alyen any êty without lycence c. the same law is though the land be hold in chife by socage as it is sayd ¶ Also of chirchis which be voyd of whoÌ the aduousons long to the king and other haue presentyd so that there is a contention betwene the king and other if the kyng by consideracion of the court hath recouÌid his presentacion though that the syx monythis be past no tyme â shall roun whyle that neuer thelas the king diâ present within the sayd tyme of syx monythis ca. ix ¶ Also the king shall haue the custodi of al natral folys taking the êfettes of theyr landê wyth out wast of whose fee so euer it be and after the deth of them shall yeld it to the next heyres so that by the same folys the landê no wise shal be alyenyd ca. x. ¶ Also he shall êuyd of the landê of them that be lunatyk c that they may be kept wythout wast so that he and his household may be conpeteÌtly susteynyd and the resydew shal be kept to they re vsis when they come to good memory and wythin the seyd tyme it shall not be sold yf they dye in such estate thaÌ the residew therof shal be discributyd for the soulys of them by the counsell of the ordinarye ca. xi ¶ Also he shall haue wrek of the âee thorow out all the reame and whallys and sâârgeons takyn in the see or in elles where wythin engâlond exceptâ in placys preuylegyd by the kyng capitulo .xii ¶ Also he shall haue eschetys of landes of normans of what fe so euer they be sauyng the seruis that êteiiÌth to the lordê of the fee cxiii this word eschete is intendyd as well of landes for faite bi porchase as of the landê of any of them ¶ yf the kyngê tennant dyâ his heyre entre wythout sewyng lyueÌ c. ther is no fre hold growyn vnto hym and yf he dyeseysyd by the same tyme his wyfe shall haue no douer of the free hold c. but that is not vnderstaÌd of socage and of small tenuris c.xiiii ¶ also he shal haue eschetê of the laÌdê of freholders of archebysshopis byssoppis when theyr tenanntê be coÌdempnyd for felonye don in the tyme of vacacon whyle theyr teÌêaltes were in the kynges handes to gyf it to whom that he wyll for euÌ sauyng the seruyce which to the sayd plates therof belongyth hath be wont be don c. .xv. yf the kyng graunt a maner or laÌd with the puâtenuÌces the knyghtê fees the aduousones of churchis with theyr gyftes shall not pass except that expres mencyon of theÌ be made .c.xvi. ¶ Also he shall haue the goodes of felonê coÌdempnyd and fugytyue wher so euer they be found and yf they haue landes holdyn of other men the kyng shall haue the yere dây the wast â c. â thaÌ they shall be deluÌed to the lordê c ca vâtimo ¶ yf any man hold of any eschete as of the ho +nour of walliÌgford c his heires shall giff no nother releue nor other seruice than he shuld do to a baron yf it were in a baron his handes magna carta cxxxi pÌsenteinent ¶ The kyng shall take no tytleÌ of presentacion to no benefyê iÌ an other his right of no tyme of his êgenitours nor non that the pÌlarê noâ iuggis shall do execucioÌ therof sauyng to the kyng and his êgenitors pÌsentmeÌtê in others ryght in hys own tyme .xxv. E. iii. statnto dâ clero c.i. ¶ Before that the kyng make collac or presenmeÌt iÌ a nothyr his ryght The title shal be well examynyd if it be found nor trew the sayd collacion or pÌsentmeÌt shal be repellyd and the patron or the clerk shall haue possession and as many wryttes of the chauncery as he wyll .xxv E iii. Statut de clero ¶ The persente of the kyng shall not be admyttyd to the church that is full of an encombent tyl the kyng hath recouÌyd his presentacoÌn by êces of the law .x. R. ii C. primo The encoÌbeÌt so put out shall coÌmeÌce his suite when he wyll .iiii. h. iiii ca. xx pÌorite Loke for priorite in the tytle wardê w .ii. C xvii êces ¶ SomoÌuis and attachmeÌtê in ple of land shall coteyn the space of xv days at the lest after the coÌmyn law yf he be not attachyd in assise in the presens of the kyng or in êle before the iustyââ In eyre c. articuli super cartas ca. xv and for that cause in the kynges bench they makcattachemeÌtes iÌ viii days or more or lesse that is by this statut ¶ They that be appellid by êuours before the iustyce of geale deâyuÌe shal be put in the geale wythin the same counte where they dwell and yf they put them on the contrey they shall send to the shyryf where the felony was to make the Iurre to appere statut de appellatis .xxviii. E. primi ¶ Iustyce of peas or other determyner shall send capias for them that be indyted of felonye and an alias and in that shall be expressyd that the shiriff shall seise all his goodê saueââ to kepe yf he than retorn a nichill than an exigent xxv E. iii. de êuic C. xiiii ¶ yf the baylyffes that shuld accompt haue no thyng to be dystreynyd the parte shall haue attachement for his body mÌlebryg C. xxxiii and êces of âtlary is gyuin iÌ the same accion w. ii C xi ¶ êces of vtlary is gyfâyn in dett detinue and takyng of bestê as well as in accompt xxv E. iii de êuic C. xvii Utlary of felony and treasondon by men of tyndall and examshyre shal be made at the commyn law and excutyd in the same fraunches by the mynysters of the same fraunches .ii. h. v.c.vii. And lyke remedy is giffin for meÌ of ryddesda e for felony and treason .ix. h. v.c.vii. ¶ vppon an endytement of treason or felony in the kynges bench wryttes of capias shal be dyrect as well to the shyryff where they were indited as to the shyryf where they be namyd coÌteynyng the space of vi wekes or more by the discression of the iuggys or elles the exigent vtlary thyâruppon is voyd to indure at the kynges wyll .vi. h. vi ca. primo loke for a lyke ordynauÌce made for inditemeÌs appellys takyn in the connte of chester .vii. hâ vi C. x. And also a lyke order for inditmentê and appelles remouyd in to the kynges bench .x. h. vi câvi loke iÌ the tytle laborers that a capias shal be awardyd agayns the
certificat of the customer of calyce thaÌ that shal be tryed in the couÌty where the eschekyr is .iiii. E. iiij ca. ii ¶ Loke in the tytle of shipping of wollys how the issue shal be tryed in the couÌte of york .iiii. E. iiii ca iii. watermen ¶ Loke for that in the tytle botemen Uacabundys beggers ¶ No maÌ shal giue almes to beggers that be stroÌg and able to worke vpon payn of imprysonment The .xxiij. E. iii. ca. vltimo ¶ Beggers that be stroÌg and hole of body shal be compellyd to work and beggers that depart out of their huÌdred cite or borow without leters testymony all it shal be done to them as of labourers that pas out of the huÌdred c. Also heremytys and relygyous beggers shall haue letters of theyr ordynaryes and cierkys letters of the vnyuersite The .xij. R. ii ca. vi ¶ Beggers that haue be in prison beiond the see shal haue letters of their capteÌs or of the towns where they aryued and shal be sworne to go the next way to their contreis The .xii. R. ii ca. vii ¶ Iustyce of pease and assyseê shal inquyre of vacabundys loyterers and faytours and them to ponysshe and as wel thesame iustyce as mayrys baylyffê constablê other gouerners of towns and placys where such come may examyn them and compel them to fynd suerte of there good aberyng and other wyse commit them to the next geale tyl the coÌmiÌg of the iustice of deliuerauÌce and they haue power to do of theÌ as they shall thynke conuenieÌt The .vii. R. ii ca. v. ¶ Mayres shreuys baylyffê and other offycers and rulers of cyties and townes shall take vacabundys idell and suspecte parsons and them to pute in stockys there to abyde .iii. nyghtes with brede and water and after .iii. nyghtes they shal be coÌmaundid to a voyd the towne And yf they offend agayne they shall abyde in stockys by .iii dayes with the forsayd dyet and he that gyueth them any other sustenauns shal forfeyt for euery tyme xii.d And that euery begger that may not labor shall goo in to the hundred where he dwellid last or where he is most knowen or where he was borne within .vi. wekis after proclamacion of this statute made there to abyde And âf any begge in any other place after that he shal be ponysshed as it is before sayde And that none be excusid for that that he his a clerk of the vniuersyte or shipman except that he shew the letter of the chauÌcellour of the vniuersyte of his capteÌ or of the towne where he cam to land yf he haue such letters he shall be commaundid to go to his contrye And yf any such vacabuÌdys tari in any cite or towne by the space of a day not punisshed And such offycer hath notyce of hym than that offycer shall forseyt for euery tyme xx.d ¶ And that lordys in theyr letys and sheryffê in theyr turnys shall inquyre therof and take the amarcyament for euery defaute xx.d And yf it be in a cyte that hath mayre and aldermen that than the alderman of the place where suche defaut is shall take the aduauntage to his owne vse And that euery one that is intytelyd to haue such peâalte may dystrayn c. further more by this staâute the imprysoment that is gyuyn by the statuââ Ryc is put out The .xi. h. vii ca. ii This acâe âs confyrmyd The .xix. h. vii ca. x. And thereto ââlargyd and addyd than yf any kepe any suche beggers in his howse ouer one nyght to forfayt xii d. And also yf the offycer examyn not suche beggers but suffer them go vnponysshed as is beforsayde to forfeyt therfore .iii. s. iiii d And the lord of the lete or sheryf in his turne or aldermaÌ as is beforfayde to take the mercyament therfor iii. s. iiii d And to dystrayne therfore And that the chauÌcellour the tresorer the two chefe iuggê the chyf baroÌ of the eschekyr the iustice of assise in theyr cyrcuitys to examyn the sayd officers defectyfe and to put them to suche punysshemeÌt as though they were conuycte by dew êces of the law the styward tresorer controller of the kinges howse haue lyke auctoryte within the pÌcicâ of the verge and the mayre and euery alderman in the cyte of london within his warde êuydid that the dyminicyoÌ of ponysshement of vacabuÌdys shal be for women with chyld and men wymen in grete sekenes and impotente aboue the age oâ lx yeres by the dyscression of them that haue auââtoryte And the iustycê of the pease within theiâ shyre and the mayre sheryffê and baylyffê in theiâ iurysdyccyon to make serche of these .iiii. tymeâ in the yere that is to say euery quat ones to se dewâ execucyoÌ done as is beforsayd The .xix. h vii câ xii ¶ And that the iustyce of pease mayres baylyffys stywardys of fraunches haue power to serche and examyn it by the contrie and by thyer dyscressyons The .xi. h. vi ca. xii Loke for wardeÌ of the flete iÌ the title of escape wager of law ¶ No balyf shal put any maÌ to wage hys law opynly without witnes magna carta ca. xxviii ¶ A maÌ shal haue his law agayns papirs of loÌdon .xxxviii. E. iii. ca. v. In det vpon the arreragys of accoÌpt the pleyntyff or the deffendaunt shal be examinid by some iuge before whom c. vppon that by theyr dyscression the defendauntes shall do thyer law .v. âh viii ca vii Atturney ¶ Al abbotê priors in euery huÌdred wapeÌtak or court baroÌ by their attorne is made by their coâeÌt seale shal pled al plees for theÌ the stuward â eueri such court shal receiue such atorneis vpoÌâain of xl.i iÌ the abot of fouÌteins shall do his âaw by one of his moÌkê or by atturnei with fâââaÌdes but the attorney must haue his warraunt ânder the couente seale and the stuwarde that refustth to take his lawe in such maner shal lose xx.li. for euery tyme and he that sewyth shal haue the half xâxiii H. vi ca. vi warre ¶ No man shal be chargyd to arme hymselfe otherwyse than hath be vsyd in tymes past that none shal be dystreynyd to go out of theyr countes but bycause of necessyte of sodeyn comynge of straungers enemyes to the kynge and than it shal be done as it hathe be done before this tyme in defence of the realme .i. Ed. iii. capitulo .v. statuto .ii. ¶ Non shal be compellyd to fynd men harnysed bylmen nor archer except that they hold of such seruyce but if it be by a comyn assent graunte of parlyamente xxv E. iii. statuto de prodicione ca. viii this statute is coÌfyrmed .iiii. h. iiii ca. xiii But that no lord therby shal lose his seruyce nor amountes nor grauntes therby chaungyd Loke more for warre in the tytle souldyars warde ¶ The lord shal not haue the warde of the heir
nor of the laÌd tyll that he hath takeÌ his homagâ And when he coÌmyth to full age of .xxi. yere he shall haue his herytage without relef and without fyne magna carta ca. iii. ¶ The king shal not haue the warde of the heyre of laÌdys holdyn of any other by knyght seruyce by occasion of any tenur of vs by petyt serian tie magna carta ca. xxvii ¶ Euery lay man that is conuyct of the takyng away of a ward by streÌgth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whaÌ he coÌmyth to full age he shal satysfie the lord as myche as he myght haue had for the maryage before that he receyue his landys marton tapi vi ¶ Theyrys shall be maryed without dyspergement magna carta ca. v. in fine ¶ yf the lorde marye the heyre where he is dysêgid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the êfet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord froÌ his ward c. if the tenauÌt enfeffe other by colucy on that shal not put the lorde frome his warde but the statute wyll that he shal not put out such feffes with out iugemeÌte shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age mÌlebryg ca. vi ¶ In a wryt yf ward of the def come not at the grauÌd dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thaÌ he shal lose the possâssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ê cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thaÌ be maryed by theyr lordys where there is no disêgement than he shal hold the land tyl their age of .xxi. yere and aboue tyll that he hath reseyuyd the valew of the maryage westm i. ca. xxii ¶ yf the warden or chyeflord infeff any man of landys that is of the herytage of the chylde in his warde the heyre shall haue his recouere by assyse of nouell dysseysyn agaynst the warden the tenaunt and yf he recouer the seysyn shal be delyuered to the nexte frende to whom the herytage can not dissend to be answerable to the childe at his ful age the gardeyn shal lose durynge his lyfe the warde of the childe and all the remenauunte of the herytage and the warden that is âot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut bâ takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resoÌmonyd at the sewt of the heyre yf it be the tytle of gyfte or sale than at the sewt of the excecutours and yf the defendaunte dye it shal be resoÌmonyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple bâ of the ward of the land or the heyre or of both the resoÌmons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyueÌ within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act exteÌde not to any maÌ takyng any womaÌ claymiÌg her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any laÌde in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessioÌ c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defeÌdauÌt shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon