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
the same countye absent hymselfe vntyll the great dystres be awarded the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse within whiche .ii. shyrecourtes maye be holden and the sheryf shal be coÌ„maunded to dystrayne the mean by the great dystres lyke as it is contayned in the wrytte and neuertheles the sheryf at two ful shyrecourtes shal cause to be proclaymed solempnly that the mean doo come at a daye contayned in the wrytte for to aunswer his tenant at which day if he come the plee shall passe betwene them after the comen vsage and if he do not come the mean shal lese the seruyces of his tenant and after that the tenant shall not aunswere hym in any thynge but the menaltye beyng gone he shall aunswere vnto the chyef lorde for suche seruyces and customes as the mean vsed to do before that tyme nor the chyef lord shall haue no power to dystrayne so long as the aforesayd tenant dothe offer hym the seruyces and customes due And if the chyef lorde exacte more of hym then the mean was wont to do the tenant in such case hall haue agaynst hym all such excepcyons as the mean shulde And if the mean haue nothyng within the kynges domynyon neuertheles the tenant shall purchase his wrytte of mean of the sheryf of the same shyre where he is dystrayned And if the sheryf retourne that he hath nothynge wherby he may be somoned then shall the renant sue his wrytte of attachmeÌ„t And if the sheryf returne that he hath nothyng for to be attached by he shall sue neuertheles his wrytte of great dystres and proclamacion shal be made in fourme abouesayd And if the meane haue no lande in the shyre where the dystres is taken but hathe lande in some other shyre then a wrytte oryginal shall issue to somone the mean before the sheryf of the same shyre where the distres is taken and when it is testefyed by the sheryf that he hath nothyng in his shyre a wrytte iudyâ—y all shall issue to someone the meane before the sheryf of the same shyre where it was testefyed that he had lande and sute shal be made in the same shyre vntyll they haue passed vnto the great dystres proclamacyon as aboue is sayd where the mean hath laud in the same shyre in which the dystres is taken And neuertheles sule shal be made in the same shyre where he hath nothynge â–ª as aboue is sayd of the mean that hath nothynge vntyll the processe come to the great dystres and proclamacyon after proclamacyon made in bothe countyes the mean shal be for iudged of his fee and seruyce And where it happeneth many tymes that the tenant in demeane is infected to holde by lesse seruyce then the meane ought to do vnto the chyef lorde when after such proclamacion the tenaÌ„t hath attorned vnto the chyef lorde and the meane putte out the tenant muste of necessyte aunswere vnto the chyef lorde for all suche seruyces and customes as the meane was wont to do to hym And after that the meane is come into the courte and hath confessed that he ought to acquyte his tenaunt or he is compelled by iudgemeÌ„t to acquyte if after such confession or iudgement it is complayned that the meane doyth not acquyte his tenaunt then shall issue a wrytte iudycyall that the sheryf shall dystrayne the mean to acquyte the tenaunt and to be at a certayne daye before the iustyces for to shewe why he hathe not acquyted hym before and when they haue proceded vnto the great dystres the playntyf shall be harde and if the playntyfe can proue that he hathe not acquyted hym be shall yelde damages and by awarde of the courte the tenaunt shall go quyte from the meane and shall atturne vnto the chyef lorde And if he come not at the fyrste dystres a wrytte shall go forth to dystrayne hym agayne and proclamacyon shal be made and as sone as it is testefyed they shall procede to iudgement as before is sayd And it is to be vnderstanden that by this â—statute tenantes are not forebarted but they shall haue warrauntye of the meanes and theyr heyres if they be unpleded as they haue had before nor also the tenauntes be not forebarred but that they maye sue agaynste theyr meanes as they vsed heretofore if they see that theyr aduauntage may be more by the olde custome then by this estatute And it is to wyte that by this estatute no remedye is prouyded to any meanes but onely in case when there is but one mean betwen the lorde that dystrayneth and the tenant And but in such case onely where the mean is of full age and but in such case where the tenant may astorne vnto the chyef lorde without preiudyce of another then of his mean which is spoken for women holdyng in dower and tenantes by the curtezye or otherwyse for terme of lyfe or in fee taylle vnto whome for certayn causes remedye is not yet prouyded but god wyllynge there shal be ¶ The. x Chapitre UUhere as in the circuyte of the iustyces it was proclaymed that all such as wolde delyuer wryttes shuld delyuer them within a certayne tyme after which no wrytte shulde be receyued many trustyng vpon the same and taryeng vntyll the sayd tyme and no wrytte setued vpon them departed by lycense of the iustyces after whose departure theyr aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf they that thought to haue departed quyte lese theyr landes For the remedye of suche fraude from hensforth the kynge hath ordayned that the iustyces in theyr cyrcuytes shall appoyute a tyme of .xv. dayes or of a monethe or a tyme more or lesse after as the countye shall happeÌ„ to be more or lesse within which tyme it shal be openly proclaymed that all suche as wyll delyuer theyr wryttes shall delyuer them before the same terme And when the tyme comyth the sheryf shall certefye the chapitres before the iustyces errauÌ„t how many wryttes he hath and what and that no wrytte be receyued after the same tyme and if it be receyued the processe issuynge therupon shal be of none effecte but onely that a wrytte abated any tyme duryng the circuyte shal be amended Also wryttes of dower of men that dyed within the somons of the circuyte assyses of darreyn presentment Quare impedit of churches vacant after the foresayd somons at any tyme before the departure of the iustyces shal be receyued in the circuyte also wryttes of nouell dysseson shal be receyued in the circuyte of iustyces The kynge of his specyall grace graunteth that such as haue lande in dyuers shyres where the iustyces make theyr circuyte and that haue lande in shyres where the iustyces haue no circuyte that feare to be impleded are impleded of other landes in shyres where they haue no circuyte as before the iustyces
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
of those inquestes or some of them be not indyfferent for the kynge yet such inquestes shal not remayne vntaken for that cause that is to say if any of them that sue for the kyng wyl challenge any of those iurours they shall assygne for theyr callenge a cause certayne and the truth of the same challenge shal be inquered whyther it be true or not after the dyscrecyon of the iustyces so the ordynaunce precedent the ordynaunce folowyng of the foreste were made in the parlyament at westmynster the sonday nexte before the feast of saynct Mathew Apostle the .xxxiii. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ An ordynaunce of the foreste made the .xxxiii. yere of K. Edwarde the fyrst UUhere as certayne people that be putte out of the foreste for the purlyew and by greate men haue made request to our soueraygne lorde the kynge at this parlyament that they myght be acquyted of theyr charge and of thynges that the forestars demaunde of them as they were wont to be â—ur soueraygne lorde the kynge aunswered fyrste that where he hadde graunted purlyew that he was pleased that it shulde stande in lyke maner as it was graunted all be it that the thynge were suyd and demaundyd in an euyll tyme neuerthelesse he wylleth and intendeth that all his demeaÌ„ landes where so euer they be that haue ben of the crowne be retourned by waye of escheate or otherwyse shall haue escheate of fre chase and fre warren and in suche maner shal be saued and kepte to his vse for all maner of eschetes and for all maner of thynges that pleaseth hym And iÌ„ ryght of them that haue landes and tenementes disaforested for the sayd purlyew and suche as demaunde to haue comen within the bouÌ„des of forestes The entent and wyll of our soueraygne lord the kyng is that fromhensforth where purlyew is they may clayme to be quyte of porture of the forestes and where as the kynges beastes can not haue theyr haunte repayre vpon the foreste grounde as they had so longe as they were within the forestes that such folke shal not haue comon nor other easement within the boundes of the woodes nor of the landes the which remayne in foreste but if any of them that be dysaforested by the purlyew wold rather be within the forest as they were before then to be out of the foreste as they be now It pleasyth the kyng very wel that they shal be receyued therunto so that they may remayne in theyr auncyent estate and shall haue comen and other easement aswell as they had before Wherupon our soueraygne lord the kyng wylleth and comaundeth that his iustyces of the forestes on this syde Trent and beyonde Trent in lyke maner shall kepe and holde and cause to be kept and holden straytly the foresayde poyntes within theyr lybertes in the fourme aboue mencyoned ¶ Finis ¶ A statute of conspiratours made the .xxxiii. yere of kynge Edward .i. ⸫ WHereit is coÌ„teined iÌ„ our statute that n one of our courte shal take any ple to chaÌ„per tye by crafte nor by engyn pleders apprentyses attorneys stewardes of great men bayllyfes nor any other of the realme shal take for mayntenauÌ„ce or other lyke bargayne any maner of sute or plee thorough out the realme wherby they that be ryche are greuyd and pore men trauayled in dyuers maners It is prouyded by a comon accorde that all such as fromhensforthe shall be attaynted â–ª of suche empryses sutes or bargeyns and suche as consente to suche maner of dealyng shal haue imprysonment of .iii. yeres and shal be raunsomed at the kynges pleasure Gyuen at Berwyke vpon Twede the .xx. yere of the reygne of kyng Edwarde Our soueraygne lorde the kynge at the informacyon of Gylberte â—owbery clerke of his counsell hath comaunded that who so euer wyll complayne hymselfe of coÌ„spyratours of false quareles vpholders inuentours and maynteynours of false matters parte takers therof brokers of debates that Gylbert of Thorneton shall cause them to be attached by his wryt that they be afore our soueraygne lorde the kynge to aunswere vnto the playntyfes by this wrytte folowynge Ker vicecÌ„ salutem Precipimus tibi quam si A. de G. fecerit le securum de clamore suo prosequendo tunc â—onâ— per vadium et saluos plegios G. de C. quam sit coram nobis in octauis sancti Iohannis Baptyste vbicunque tunc â—ucâ—â—mus in Anglia ad respondendum predicto A. de placito conspirationis et transgressionis secundum ordinacionem nostram nuper inde prouisam sicut ibidem A. ratinabiliter monstrare poterit quod ei inde respondere debeat Et habeas ibi nomina plegiorum et hoâ— breue Teste cÌ„ ¶ Here endyth the statute of conspiratours ⸫ ¶ An ordynaunce of measuryng lande made the .xxxiii. yere of kynge Edwarde the fyrst WHen an acre of lande conteineth .x. perches in leÌ„gth then it shall be in bredeth xvi perches when it conteyneth .xi. perches iÌ„ leÌ„gth then it shall be in bredeth .xiiii. dimÌ„ qÌ„r one fote when it is .xii. theÌ„ xiii and one fote when it is 13. then 13. 5. fote 1. ynche when 14. then 11. fote 1. ynche when 15. then 10. and dimÌ„ 2. fote and dimÌ„ when 16. then 10. when 17. theÌ„ 11. 3. fote 3. ynches and dimÌ„ when 18. then 8. dimÌ„ 6. fote and dimÌ„ 5. ynches when 19. then 8. 6. fote 4. ynches and dimÌ„ when 20. then 8. perches when 21. then 8. perches and dimÌ„ 2. fote 1. ynche when 22. then 7. 1. qÌ„t 8. ynches dimÌ„ when 23. then 6. and dimÌ„ .iii. ynches 6. fote and dimÌ„ when 24. then 6. and dimÌ„ 2. fote and dimÌ„ 3. ynches when 25. then 6. and. 1. qÌ„t 2. fote and dimÌ„ ynche when 26. then 5. and dimÌ„ 6. fote 2. ynches when 27. then 5. and dimÌ„ 3. fote when 28. then 5. 7. fote and dimÌ„ when 29. theÌ„ 5. 7. fote and dimÌ„ when 30. then 5. 6. fote when 31. then 5. 2. fote and dimÌ„ when 32. then 5. when 33. then 4. dimÌ„ 1. qÌ„r 1. fote dimÌ„ 1. ynche when 34. then 4. and dimÌ„ 3. fote 4. ynches and dimÌ„ 1. qÌ„t when 35. then 4. and. 1. dimÌ„ 1. fote 2. ynches and dimÌ„ when 36. then 4. and 1. qÌ„t 3. fote 5. ynches and dimÌ„ when 37. then 4. 1. qÌ„t 3. fote and dimÌ„ when 38. then 4. fote and dimÌ„ when 39. then 4. 1. fote and dimÌ„ 2. ynches and dimÌ„ when 40. then 4. when 41. then 3. and dimÌ„ 1. qÌ„t 2. fote and dimÌ„ when 42. then 3. 1. qÌ„t 1. fote when 43. then 3. 2. fote and dimÌ„ when 44. then 3. and dimÌ„ 1. fote and. 5. ynches when 45. then 3. and dimÌ„ ¶ Finis ¶ Here foloweth the statute of Acton Burnell made the .xiii. yere of K. Ed .i. FOrasmuch as merchauntes which hertofore haue lente theyr goodes to dyuerse persones be greatly impoueryshed because there is no spedy law
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
woodes and pastures because the same feffees ought to haue sufficient pasture accordyng to theyr holde Thus it is prouyded and grauÌ„â—ed that whan so euer suche feffees â—o brynge an assyse of nouell dysseson for theyr comeÌ„ of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffyseth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture then let them be coÌ„tented therwith and they on whome it was coÌ„playned shal go quyte of that in so moch as they haue made theyr ê“fyte of theyr landes wasâ—e woodes and pastures And if they alledge that they haue not suffycyent pasture or suffycyent ingate outgate accordynge to theyr holde then let the truth be inquered by assyse And if it be sounde by the assyse that the same deforceours haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffycieÌ„t pasture as before is sayd then shall they recouer theyr sea son by vyew of the inqueste so that by theyr dyscrecyoÌ„ and othe the playntyfes shall haue suffycient pasture and suffycyeÌ„t ingate and outgate in fourme aforesayd And the dyssesors shal be amerced and shall yelde damages as they were wont before this prouysyon And if it be certefyed by the assyse that the playntyfes haue suffycient pasture with fre ingate and outgate as before is sayd let the other make theyr profyte or approuement of the resydue and go quyte of that assyse ¶ The .v. Chapiter LIkewyse it is prouyded graunted of the kynge that from hensforth vsuryes shal not reÌ„ne agaynst any beynge within age from the tyme of the deathe of his auncetour whose heyre he is vnto his lawful age so that notwithstandyng this the payment of the pryncypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is ¶ The .vi. Chapite OF heyres that be led away witholden or maryed by theyr frendes or by other with force agaynste our peas Thus it is prouyded that what so euer â—ay man be conuyct therof that he hath so witholden any chylde led away or maryed he shall yelde to the loser the value of the maryage And for the offence his bodye shal be taken and imprysoned vntyll he haue recompensed the loser if the chylde be maryed and further vntyll he hathe satisfyed the kynge for the trespas And this muste be done the heyre beyng within the age of .xiiii. yeres And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable coÌ„uenyeÌ„t maryage without dysperagement then his lorde shal hold his lande beyonde the terme of his age that is to saye .xxi. yeres so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude collusyon and after as it may be proued in the kynges courte And as touchyng lordes which marye those that they haue in warde to vyllayns or other as burgesses where they be dysperaged if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage then if his frendes coÌ„playne of that lorde he shall lose the wardshyp vnto thage of the heyre And all the profytes that therof shal be taken shall go to the vse of the heyre beyng within age after the dyscrecyon prouysyon of his frendâ— for shame done to hym but if he were xiiii yeres and aboue so that he may coÌ„sent and do consent to such maryage no payne shall folow If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be compelled therto but wheÌ„ he comyth to full age he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande and that whyther he wyll marye hymselfe or not for the maryage of hym that is within age of more ryght pertayneth to the lorde of the fee. ¶ The .vii. Chapiter OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder H. kynge the yere and daye It is prouyded that from densforth there be no mencyon made of so longe tyme but froÌ„ the tyme of kyng Henry our graundfather And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore And the wryttes before purchased shall procede wryttes of mortdauncetor of natiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande And this acte shall take effecte as before is declared wryttes oâ— nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme aforesayd and all wryttes purchased before shall procede ¶ The .viii. Chapiter TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke maner as one that is borne after matrymony all the byshops aunswered that they wolde not nor coulde not aunswer to it because it was dyrectly agaynst the order of the churche And all the byshopes instaunced the lordes that they wold coÌ„sent that all suche as were borne afore matrimony shuld be legytâ—ymate aswell as they that be borne within matrimonye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme and all the erles and batons with one voyce aunswered that they wolde not chaunge the lawes of the realme which hytherto haue ben vsed and approued ¶ The .ix. Chap. MOreouer it was enacted that euery freman which oweth sute to the countye trythyng hundred and wapeÌ„take or to the courte of his lord may frely make attorney to do the sutes for hym ¶ The .x. Chapiter OF trespasers in parkes and warrens it is not yet dyscussed for the lordes demaunded the propre imprysonment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed wherfore it was deferred ¶ Here endeth the statute of Merton ¶ The statute of Marlebrygge THe yere of grace a. M. CC .lxvii. the .lii. yere of the raygn of kyng H. son of kyng IohaÌ„ in yvtas of S. Martyn for the bettar estate of this realme of England for the more spedy minystracion of iustyce as belongeth to â—hoffyce of a kynge the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree It was prouyded agreyd ordeyned that where aâ— the realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons for reformacyon wherof statutes and lawes be ryght necessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes ordynaunces and statutes vnder wrytten whiche
adâ—oâ—â—ons â—â—assed for terme of lyâ—e or yeres or in taylle And fromhensforth in wryttes of Quare impedit and daâ—râ—yâ— prâ—sâ—ntment damagâ—s shal be awâ—â—â—â—d if the â—â—â—â— coÌ„tynue aboue vâ— mâ—nâ—â—hâ—â— â–ª so that if the byshop do presenâ—â— and the vâ—â—y paâ—â—une lâ—se his presentacyon for that tyme damages shal be awaâ—â—â—d for the .ii. yeres value of â—â—◠〈…〉 And if the. vâ— monethes 〈…〉 and the presâ—nâ—meÌ„â—â— dysprouâ—d 〈…〉 sayd tyme then damagâ— shal 〈…〉 the 〈…〉 yeâ—es v 〈…〉 the 〈…〉 And if the dystourbour 〈…〉 not wherof he â—aâ—◠〈…〉 e dâ—â—â—ges 〈…〉 thâ— byshop presenteth by 〈…〉 o◠〈…〉 he â—â—aâ—â—â— your shâ—d by 〈…〉 And if the 〈…〉 d within the halfe yâ—â—â— â–ª yet tâ—â— dyâ—â—ourbour shal be ponysshâ—â—â—â— the 〈…〉 of halfe a yere And froÌ„hensforth wryttes shal be grauÌ„ted for chapâ—â—â—es prebendes vycarages hospytalles abbeys pryoryes other houses whiche be of the aduouzons of other men that were not grauÌ„ted before And when the persone of any churche is dysturbed to demauÌ„de tythes in the next perâ—she by a wrytte of indicauit the â—a 〈…〉 of the persone so dystourbed shall 〈…〉 a wrytte to demaunde the aduouzon of suche tythes And when it is dysproued then shall the plee passe in the 〈…〉 chrysten as ferforth as it is dysâ—â—â—d in the kyngâ— court wheÌ„ an aduouzon dysceÌ„dyth to parceners though one presente twyse and vsurpeth vpon his coheyre yet he that was neeglygeÌ„t shall not be clerely barred but at another tyme shall haue his tourne to presente when it falleth ¶ The .vi. Chapiter UUhen any demaundeth lande agaynst another the partye that is impleded vouchyth to warrauntye the warrantour denyeth his warrauntye and the plee hangyth longe betwen the tenaunt and the warrauntour and at length when it is tryed that the vouche is bound to warraÌ„tye by thâ— law custome of the realme hytherto vsed ther was none other ponyshmeÌ„t assygned for the vouche that denyed his warraÌ„tye but only that he sholde warrantyze and be amerced for denyeng his warrauntye which was preiudicyall to the demandant because he suffered oftentymes great delayes by collusyon betwene the tenant and the warrauntor wherfore our soueraygne lorde the kynge hath ordeyned that lyke as the tenant sholde lese the lande beyng in demaunde in case where he vouched and the vouche coude dyscharge hymselfe of the warrauntye In lyke maner shall the warrantour lese in case where he denyeth his warrauntye and it be founde and tryed agaynst hym that he is bounden to warrantyze And in case that an inqueste be dependyng betwene the â—enant and the warrantor the demaundant doyth praye a wrytte for to cause a â—urye to com it shal be grauÌ„ted hym ¶ The .vii. Chapitre A wrytte of admesuremeÌ„t of dower shal be fromhensforth graunted to a wardeyn nor the heyre wheÌ„ he cometh to full age shal be barred by the sute of such wardeyn that suyth agaynst the tenaunt in dower faynedly and by collusyon but that he maye admesure the dower after as it ought to be admesured by the lawe of the lande And as well in this wrytte as in a wrytte of admesurement of pasture more spedy processe shal be awarded than hath ben vsed hytherto so that when it is passed vnto the great dystres dayes shal be gyuen within which two shyrecourtes maye be holden at the whiche open proclamacion shal be made that the defendant shal comin at the day contayned in the wrytte to aunswere vnto the playntyf at whiche daye if he come in the plee shall passe betwene them And if he do not come and the proclamacion be testefyed by the sheryf in maner abouesayd vpoÌ„ his defaute they shall make admesurement ¶ The .viii. Chapiter UUhere as by a plee moued vpon a wrytte of admesuremeÌ„t of pasture the pasture was somtyme admesured be fore the iustyces sometyme before the sheryf in the countye And it chaunced many tymes that after such admesuremeÌ„t made the pasture to be ouercharged agayne by hym that fyrste dyd it with â—o beastes then he ought to kepe wherupon no remedye hath ben yet prouyded It is prouyded that vpon the secounde ouerchargynge the playntyfe shall haue remedye in this maner if the admesuremente were before the iustyces he shall haue a wrytte iudycyall that the sheryf in presence of the partyes beynge somoned if they wyll come shall inquere vpoÌ„ the secounde ouerchage whiche if â—â— be founde it shal be retourned before thâ— iustyces vnder the seales of the sheryf and of the iurrours and the iustyces shall awarde the playntyf damages and 〈…〉 putte in the extreates the value of the beastes whiche were putte in to the pasture after such admesurement aboue the due noumbre and shal dâ—lyuer the extreates vnto the barons of the eschequer wherof they shal auÌ„swer vnto the kyng If suche admesurement be made in the counâ—ye then at the request of the playntyf a wâ—â—â— shall go out of the chauncery â–ª that the sheryffe shall inquere vpon the ouerchargynge for the beaâ—â—es bâ—yâ—g put in â—boue the dâ—e noumbre and for the value of them he shall aunswere to the kyng at the eschequer And leste the sheryf mâ—ght defraâ—de the kynge in thâ—s case â—â— is agreyd that aâ— such wryttes of secound ouerchargyng that passe out of the chaâ—ncâ—ry shal be inrolled and at the yeres ende the transcryptes shal be retourned in to the eschequer vnder the chauncellours seale that the treasourer and barons may see how the sheryf shall aunswere of the issues of suche wryttes lykewyse wryttes of reddysseson shal be inrolled and sente into the eschequer at yeres ende ¶ The .ix. Chapitre UUhen chyef lordes do dystreyne in theyr fee for customes and seruyces to them due one of them is meane whiche oughte to acquyte the tenaunte where it lyeth not in the mouthe of the â—â—nant after that he hath repleuyzed the dystres to deny the demande of the chyef lord which aâ—oweth in the kyngê court that the dystres is lawfully taken vpon his tenant which is the meane many haue ben sore greued by such dystresses â—nsomuche as the meane notwithstandyng that he haue suffycyent wherby he may be dystrayned doyth make longe delayes before he wyll come into the courte to aunswer for his tenaunt vnto the wrytte of mean and most harde of al when the mean had nothyngâ— In case also when the tenant was redy to do his struyces customes vnto his lorde and the chyef lorde wolde refuse to take such seruyces and customes by the handes of any man but onely for his nexte tenant and so such tenaÌ„tes in demeane lost somwhyles the profytes of theyr landes for a tyme and somewhyles for theyr hole tyme and hytherto no remedy hath ben prouyded in this case A remedy is prouyded in this fourme that so sone as the tenant in demean hauynge a mean betwene hym and the chyef lorde is dystrayned incontyneÌ„t the tenant shall purchase his wrytte of mean if the mean hauynge lande in
any do clayme commune of pasture by specyall feffement or graunte for a certayne noumbre of beastes or otherwyse that is due by the comen lawe where as couenaunte barreth the lawe he shall haue suche recouere as ought to be had by fourme of the grauÌ„te made vnto hym by occasyon of a mylle wyndmyll berkarye deyerye inlargyng of a courte or curtylage fromhensforth no man shal be greued by assyse of nouell dysseson for commune of pasture And where sometyme it chaunceth that one hauyng ryght to approwe doyth leuye a dyke or an hedge and somtyme by nyght or at another season that they suppose not to be espyed do ouerthrowe the hedge or dyke and it can not be knoweÌ„ by verdytte of the assyse or iurye who dyd ouerthrowe the hedge or dyke And men of the townes nere wyl not indyte such as be gylte therof the townes nere and adioynyng shal be dystrayned to leuye the hedge or dyke at theyr owne custe and to yelde damages And where one hauyng no ryght to commune vsurpyth coÌ„mune what tyme the heyre is within age or what tyme a woman is couert or the pasture be in the handes of tenantes in dower by the curtesye or otherwyse for terme of lyfe or yeres or in fee tayle and the pasture be longe vsed many holde opynion that such pastures ought to be called appurtenant vnto frehold and that the owner ought to haue accyon by a wrytâ—e of nouel dysseson if he be deforced of such pasture but fromhensforth this ordre shal be kept that such as haue entred within the tyme that an assyse of mortdauncetour lyeth if they had no coÌ„mune before a wryt of nouel disseson shal not lye for them if they be deforced ¶ The .xlvii. Chap. IT is prouyded that the waters of Humbre Owse Trente Done Arte Derewent Wherf Nydryore Swale Tese Tyn Eden and all other waters wherin salmons be taken shal be defended for takyng salmoÌ„s from the natyuyte of our lady vnto sayncte Martynes daye And lykewyse that yonge salmons shall not be taken nor dystroyed by nettes nor by other engyns at myllpolys from the myddes of Aprell vnto the natyuyte of sayncte Iohan Baptyste and in places where as freshe waters be there shal be assygned ouerscars of this statute which beyng sworne shal oftentymes see and inquere of the offendours for the fyrste trespas they shall be ponyshed by burnyng of theyr nettes And for the secounde they shall haue imprysonment for a quarter of a yere And for the thyrd trespas they shal be imprysoned an hole yere and as the trespas increasyth so shall the ponyshement ¶ The .xlviii. Chapitre FOr vyewe of lande it is ordeyned and prouyded that fromhensforth vyewe shall not be graunted but in case where the vyewe is necessarye as if one lese lande by defaute and the lesar moueth a wrytte to demaunde the same lande and in case where one by an excepcyon dylatorye abateth a wrytte after the vyewe as by nontenure or the mysnamyng of the towne or such lyke if he purchase another wrytte in that case froÌ„ hensforth the vyewe shall not be graunted if he had vyewe in the fyrst wryttes In a wryt of dower where the demauÌ„de is of lande that the husbande alyened to the tenant or his auncetour where the tenant ought to take knowledge what lande the husbande dyd alyene to hym or his auncetour though the husbande dyed not seasyd yet froÌ„hensforth vyewe shall not be graunted In a wrytte of entre also where the demaundant mys â–ª named the entre if he purchase another wrytte of another entre if the tenant in the fyrste wrytte had vyewe he shall not haue it in the secounde In wryttes also where landes be demaunded by reason of a lesse made by the demaundaÌ„t or his auncetour vnto the tenant and not his auncetour as that he lessyd to hym beyng within age not hole of mynde beyng in pryson and such lyke vyewe shall not be graunted hereafter but if the demyse were made to his auncetour the vyewe shall lye as it hath done before THe chauncellour treasourer iustyces nor none of the kynges counsel no The. xlix â—apitre clerke of the chauncery nor of the eschequer nor of any iustyce or other offycer nor none of the kynges house preste nor lay man shall take any churche nor aduowson of a churche lande nor tenement by gyfte sale nor to ferme ne for partakynge nor otherwyse so longe as any thynge is in plee before vs or before any of our offycers nor shall take no rewarde therof he that doyth coÌ„trary to this acte other hymself or by another though he make no stryfe shall be ponyshed at the kynges pleasure aswel he that purchaseth as he that wyth All the sayd statutes shall take effecte at the feast of saynct Myghel next coming so that by occasyon of any offences done on thys syde the sayd feaste contrary to any of these estatutes no ponyshement mencyoned within these estatutes shal be executed vpon the offenders Moreouer coÌ„cernyng the statutes prouyded where the law fayled for remedies lest sutors comyng to the kynges court shold depart froÌ„ thens without remedye they shall haue wryttes prouyded in theyr cases but they shall not be pleded vntyll the feaste of saynct Myghell aforesayd ¶ Here begynneth the statute of westÌ„ thyrd made the .xviii. yere of Ed. the .i. FOr asmuche as purchasers of landes and tenementes of the fees of great men and other lordes haue many tymes in tymes passed entred into theyr fees to the preiudyce of the lordes wher upon the freholders of suche great men haue solde theyr landes to such purchasers in fee to be holden of the feffours not of the chyef lordes of the see wherby the chyef lordes haue many tymes lost theyr escheates maryages wardshyps of landes and tenemeÌ„tes beyng of theyr fees whiche thynge semyth very harde extreme vnto suche lordes and moreouer in this case manyfest disherytaunce Our soueraygne lorde the kyng in his parlyament at westmynster after Easter the .xviii. yere of his raygne that is to wyte in the quynzyeme of S. JohaÌ„ Bap. at the instaunce of the great men of the realme hath prouyded and ordeyned that froÌ„hensforth it shal be lefull to euery free man to sell at his owne pleasure his landes tenementes or parte of them so that the feffee do holde the same lande or tenemeÌ„t of the chyef lorde of the fee by such seeuyces and customes as his feffour helde before ¶ The .ii. Chap. ANd if he sell any parte of such landes or tenemeÌ„tes to any the feffee shall immedyatly holde it of the chyef lorde and shal be forthwith charged with the seruyces as moch as pertayneth or ought to pertayne to the sayd chyef lord for the same parcell accordynge to the quantyte of the lande or tenemeÌ„t so sold And so in this case the lord shall take the same parte of the seruyce by the handes of the feffee
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
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