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

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be no more don yf the seriaunt of the fee do it his office shal be takyn in to the kyngis handis and if the merchall of the iustice do it he shal be ponyshid at the kyngis pleasure and the one and the other shall yeld damage treble to them that be greuyd w. i. Ca. xxxii ¶ Extorcions of ordinayres and his ministers shal be specyally declaryd in theyr indytemētis xxv E. iii. pro clero Capitulo vltimo ¶ Loke for extorcion in the title maintenaunce purueyours Faucon ¶ who so euer fynde any Faucon tarc●let laner or laneret or other faucon that is loste that incontinent he bringe it to the Sheryf of the shyre and that the sheryf make proclamacion in all the good townes that he hath suche a faucon And if he that oweth it or any of his chaleng it and proue it resonably he shall pay for the costis and haue the faucon agayne and yf none come withī●iii monithes to chalenge the sheryf shall haue the faucon makyng grewith hym that toke it yf he be a pore man and yf he that toke it be a gentylmā and of estate to haue a faucō than the sheryf to deliuer hī the faucon taking resonable cost of hym for the while that he kept it And if he that so hath takē any faucon and conseyl it and kepe it secret and after be therof attaint he shall haue .ii. yeres prysonment and yelde to the lorde that owed it ●he price of the faucon if he be able and if nat than to tary the lenger in prison The .xxiii. Ed. iij. Capitulo .xxij. ¶ He that taketh a way a faucon not doynge after the ordinaunce before sayd it shal be done of hym as of a thefe The .xxxvij. Ed. Capitulo .xix. Loke more for faucons in the tytle of hawkꝭ Falsiugement ¶ Non but onely the kyng hold ●le of fals iugement gyffin in the court of his tenaunt Merlebr̄ Cap. xx Fealte ¶ when a free man shall do fealte he shall hold his right hād vppon the boke and shall sey here you my lord that I. A. B shall be to you feythfull and law full and shall bere you feyth of the ten●mentts that I. clayme to hold af you and that I. shall lawfully do you the seruice and costomes that I. owght to do at termes assygnes as so help me god and all seintis and a villayn shall hold his handis vt supra and shall sey here you cetera that I. shal be to you feythfull and shall bere you feyth of tenementis that I. hold of you in villenage and. I. shal be iustifiable to you of body and goodis as so helpe me cet●ra Feyeres ¶ A cry shal be made at the begynnyng of euery feyre how longe it shall indure and that none shall sell after vpon payne to be greuously ponysshed agaynst the kynge And the lordes shall holde no lenger there auctoryte vpon payne of takynge the fayres in to the kynges handꝭ tyll fyne be made The .ii. E. iii. Capi. xiii ¶ Marchauntes that s●ll marchaundyse after the feyre ended shall lose to the kynge double value therof And he that wyll sewe for the kynge shall be receyued and shall haue the .iiii. part therof The v. E. iii. ca. vij ¶ All feyres and markettes in the feestes of the Assencyon Corpus crysti whytsontyde die paraceues and all sondayes shall vtterly cese from the shewynge of any ware excepte necessary vytayle vppon payne of forfeytour of the same goodes to the lordes of the lyberte except only foure sondays in the heruyst And they that haue no power to kepe feyre or market but such dayes They may kepe it with in .iii. dayes before or after any of the sayd festes after proclamacyon furst made and without any fyne to be forfeyte to the kynge And they that haue by theyr graunte suffycyente dayes before the sayd feestes or after shall kepe the nombre of theyr dayes in lyke maner to holde them excepte in the sayd f●●stes And this prouysyon shall dure vnto the nexte parl●ament and so from thens forth excepte some reasonable cause be then alegged why this statute shulde not be expedient The .xxviii. Hē vi Capitulo .v. ¶ They of london may go to euery Feyre or market and yf any interrupt them he shal forfeit x. li and he that w●ll sew can accyon of det shal recouer the one halfe to the kynge ● the other halfe to hym selfe wherin no wager of law shal lye The .iii. Hen. vi Capitulo .ix ¶ Loke for fayr̄ cour courtꝭ in the tytle of pipouders Feffementes gyftꝭ of trust● ¶ yt is ordeyned that euery estate gyft feffemēt ●●les graūt lesse and confyrmacion made or to be made by any ꝑson of full age of hole mynde at large not in duresse of ani landꝭ tenemetꝭ rentis seruise inherititamētꝭ wheof other be seysed to theyr vse that all recouers execucyous agains such persons made had be frō hensforth good effectuall agayns thē theyr heyrꝭ claymynge the same onely as heyr or heyres to the same sellers feffours or grauntours and agayns all other claymynge any tytle or entrest only to the vse of the same seller feffours giffer or graūt̄ theyr heyrꝭ sauyng to euery persō sych ryght bi reasō of ani gyft ī the tayl made as they shuld haue had yf this gyfte had not ben to them made primo R. iii. Capitulo primo ¶ yf any man make fef●ement or gyft of goodes or ony dysseysour make feffement by fraude or mayntenaūce to grete mē such feffement or gyft shal be voyde the ꝑte shall recouer double damages .i. R. ii Capi. ix ¶ yt wasīacted in the fyrst yere of rychard .iii. that yf the same kyng were infeffed to anothers vse that the possessyon shuld be in the other cofeffese and yf he were sole seysyd to a nothers vse than the possessyon shuld be in hym to whose vse he was infeffed or in his heyres ¶ yf any woman discontynue aleyne relesse or confyrme with warrante any landes tenementes whiche she hath in dower or for terme of lyfe or in tayle of the gyfte of her furst husbande or of any of his auncestours or of any other seys●d to the vse of her furst husbād or his aūcestours or suche landes wherof any other is seysed to his vse by the wyll of her furste husbande or any of his auncesttours o● suffer any recouere by couen agayns her or agayns other seisyd to her vse that suche dyscontinuaunces alie nacyons and recouers be voyde and that it be lefull to hym that shuld haue the lande after the deth of the woman to entre and to holde hym selfe as in his elder ryght for euer and yf suche a woman take another husbande and he make suche alyenacyon or dyscōtynnuaūce with warrantye of suche landes or suffre any faynt recouere as is aboue sayd that he that shulde haue the lande after the dethe of the
res o● the cyte of london for the tyme beyng w●re any veluet in theyr gownys Iakettꝭ or cotis or furre of marterns vnder the payn of .xl. s. and f●r●●ture of the same except suche persons after here expressyd theson heyre apparaūt of all barons and eu●ry knyght may were tynsel and cryms●n veluet in theyr dubletis ¶ Also non vnder the degres aboue namyd except the sone and heyrs of knyghtis and other hauynge lād or f●e to the yer●ly valew of CC. mark were any cheyn of golde vnder the payne of forfeture therof except suche as be ī this act expressyd ¶ Also the sonnys and heyris appar●nti● of all persons aboue nam●d may were bla●●●luet in their dublettis and blak da●ask roset tawney and chamlet in theyr gownys Iakettis and cotes ¶ Also non but the persons aboue namyd ma● were ●atten or damaske in gown●s Iakkettis or cotis excepte he haue landis for terme of l●fe or reuenum to the reyely valew of C. marke excepte such here after excepte vppon payne of xl s. and forfeture of the same ¶ And that non except he haue landis or reuenum for term̄ of lyfe to the yerely valew of xl.li or els he be sone and heyr apparant to hym that hath possessiōs to the yerely valew of Cli. were satten damask or silk chamlet in their dublettis vppon payn of .xl. s. and forfeture of the same ¶ An● that non vnder the degre of a gētylmā e●cept graduatis and yemē gromys pagis of the kynges q̄nis prīcis chāber such as haue p●ssessiōs to the yerly valeu of xl.li for term̄ of l●fe or Cli. in goodis were any furris wherof there is no lyke kynd growīg in englond or els where vnd the kynges obeysaūce on payn of .xl. s. and forfeture of the same furr̄ prouydyd that the furr̄ be not of martns ¶ Also the coferer of tge kynges housold● the two cl●rkys of the gr●ne cloth the clerke countroler the cheffe clerke of the kechyn the ch●ffe ●lerke of the spycery Gentylmen vsshers of the kyuges quen●s pryncis chamber beynge dayly wayters sewers for the kynges quen●s prīces borde endis the sergeaūtꝭ o● th● s●ller pantry and seriaunt porter gromys pagis of the kyngꝭ pr●uey chambre may were ī theyr doubletes Iakkettis cotes ●eluet satteyn and damaske blake tawney russet and in their gownys damaske and chamlet and about theyr neckis cheynes of gold aud the coferer to ●●●re in his goun satten of the sayd colours f●rr● of m●rtens and sergeauntis of all other offyce and sergeauntis of armys may were in th●●r dublettis bl●k veluet damaske or chamlet in Iakkettes ●nd cotꝭ damaske chamlet and gownys of chamlet ¶ Also the marchall of the kynges hall quene and pr●ncis gentylmen of euery offyce gentylmen of the chappel ● the mayster Cookes the iiij seconnde clerkes of the kyngꝭ housold may we●e dubletꝭ of blak veluet damaske or chamlet Iakketꝭ cotꝭ of damaske or chālet● chālet ī theyr gownis Also yemen of the garde and yemen of the quenys chambre dayly wayters and yemen of the crown hauynge the fee may were du●letis of blak veluet satten or damaske and chamlet ī gownys And yemen and grdmys for the kynges the quenys and pryncis mouthe and the thre porters and all other gentylmen felowes in the iiij Inn●s of court may were dublettis of sattin damaske or chamlet and Iakkettis of chamlet ¶ Also that non vnder the degre of a son of a duke ●arqu●s or erle or the degre of a lorde or knyght of the garter were any apꝑel broderyd broochyd or garded wyth gold syluer or golds●ythes worke nor non other were any apꝑell br●deryn brochyd or gardyd wyth any other thyng than he is lymyte● to were by this stat●t on payn of xl s forfetoure of the same appell ¶ Also that non vnder the degre of a knyght and other before namyd except spirituall m●n seriauntꝭ at the law graduatis of the vnyuersites were aboue iiij yerdes of brode cloth in a long goun and in a cote or rydynge gown iij yer●es upp● payne of forfeture therof ● nor no seru●ng man vnder the degre of a gentylmā aboue thre yer●ꝭ in hys gown cote or garm●t nor that he were therin no chamlet nor other furre but lambe growynge in englond wales or yreldnde on payne of forfeture of it or els the valew therof ¶ Also that no seruyng man vnder the degre of a gentylman were cloth in his hose aboue xx.d a yerde except it be his maistres leuyuge vppon payn of .iij. s. iiij dꝭ and of forfeture of the same ¶ Also that nō vnder the degre of a gentylmā were any maner of sylk or chamlet or any pointis in any apparell vppō his body with agletis of golde or siluer or gyltyd or buttons or brochis of gold or syluer gylt or any goldsmyth worke excepte it be his lordis bage vppon payne .x. s. and forfeture the same ¶ And that non vnder the degre of a knyght other than be except to were gownys of veluet were any pynchid shurt or pinchid ꝑtlet of lynnyn cloth or playne shurt garnysshid or made with sylk or gold or syluer vppon payne of .x s. forfeture of the same ¶ And that no seruant of husbandry shepperde conyn labourer nor seruaūt to any artyficer out of Cytes and boroughs nor husbandman hauyng no goodes aboue the valew of .x li. were any cloth aboue .ij. s. iiij d. a brode yerd nor non of the sayd seruauntis of husbandry sheperdis nor labourers were any hose aboue xij d. a yerde vppon payn of .iij. dayes prisonement in the stokkis ¶ Prouydyd that this acte be not preiudycial to any werynge the ornamentis of the churche nor to no marchaunt s●raunger nor to non ymbassatours The maister of horsis The maister of hensmen to the kynge quene and prynce the maister of the kynges armery nor hensemen fotemen ● haroldis of armys myns●rellys players in enterludys nor to any for the tyme beynge in the kyngis garnyson nor in wagis in the kyngis war●e nor to any weryng apꝑell of the gyft of the kinge quene or prynce nor to no doctours nor graduatis of the vnyuer●y●es but that they may were veluet in theyr typpettis nor to mayres recorders aldermen shyryffes wardens of feleshyps swerdeberer of london baylyffes and ●uratis of the ●ynk portis as well of all cytes to wnys and borowes corporate as the meyr of the staple of Calice and the gouernour of the englyshe uacyon but that they may were as their predecessours vsed in tyme of occupacyon their sayd offycis nor ●o non whom the kyng shall gy●e lycence by placarde ¶ Also that the gentylmen vsshers of the kinges chamber haue the forfe●ure of the apꝑell worn in the kynges chambre the vsshers in the q̄nys chāber the forfetour there the vsshers in the pryncys chābre the forfeture there the marchallys in the
shal be excludyd of the remenaunt gloc ca. iiij ¶ It is agreyd that if any wythhold frō the lord his seruyce dew and accustomyd by .ii. yerꝭ the lord shall haue a wryt of cessauit and the wryt is expressid in the statute c. that ī that case and in a cessauit of fee ferme ther shal be a wryt of entre for the heyre of the demaundant vppon the heyre of the tenant vppō them to whom the same tenem̄t was alienyd w. ij c. xxi ¶ And paraduenture yf a tenement be gyffyn for a chauntery of a lyght or fyndyng of pore folk or other almys to be susteynyd and it be not alienyd but the same almys wyth drawyn by .ij. yere the donor or hys heyre shall haue an accion to ask the same tenement so gyffyn as it is seyd in the statute of gloucest of landis let to fee ferme to do and to yeld the .iiij. parte of the valew of the land or the more parte w. ij Capitulo .xij. ¶ yf any that hath dwellyd at the stewys be retornyd in any panell by the shyryf or baylyf of the coūte of surrey or by any mynyst●r before the stiward of the kyngis hous that as well for the kynge as for the parte he shal be chal●ngid and the chalenge is peremptorye .xi. H. vj. capitulo .vj. ¶ A chaleng to a iurrour for that that he was the i●ditour is good .xxv. E. iij. C. iij. de ꝓdic ¶ A chaleng to a iurrour for that that he may not desp●nd .xl. s. is good .ij. h. v. ca. iij. and note well that this chalēg is good in ple of deth of man and in euery accyon reall and also in personell yf the det or damage amount to .xl. mark Chaleng for the kyng ¶ yf a man challeng a iurrour for the kyng he s●all shew cause by and by whych shal be tryed maintenaunt by the discression of the instyce and yf he shew no such cause or that the cause be tryed agayns hym the inqnest shal be takyn mayntenaunt Statut de inquisic ꝓrege .xxxiij. Edwardi primi Chamꝑtye ¶ Non of the kingis ministers maynteyn plee in the kyngis court to haue ꝑt of the thyng c or other ꝓfet by couenant bytwen them made w. j. Cap. xxv Chaūcellour nor non of any of the court of the kyng nor of the kyngis house nor lay man reseyue church nor aduouson of church nor landꝭ and tenementis in fee by gyfft nor by byeng nor by ferme nor chāꝑte nor in other maner as lōg as the thyng is in ple before vs or any of our ministers nor no wagis be takin by hym nor by no nother or any bargaī made and he that so doth shal be ponysshid at the kīgis pleasure also as well as he that purcheysyd w ij ca. vltimo ¶ No mynister nor other may haue any parte of the thyng that is in ple or tak the bysynes of the ple or sewt nor non vppon that couenaunt let his ryght to a nother yf he do and therof be attaynt the taker shall forfet to the kyng of his goodꝭ and landꝭ as much as such takyng dyd amount and he that will sew shal be reseinyd te sew before the iustice before whom the ple was c. articuli super cartas cap. xij Chapleyns ¶ No seculer pay more thā .v. mark to no ānuall chapleī ī money or other thīgꝭ to the valew if such a chapleī be reteynyd to be at hys table he shal● pay hym but .ij. mark for his gown and other necessaryes his table to be accomptyd at xl s. and yf he do the ꝯtrarye he shall pay to the kyng ful as much as he payd to the chapleyn that no chapleyn goyng frō on diocyse to a nother be reseyuyd there to syng dyuyne seruice yf he shew not to the dioc●sane of the place the letts ꝯmaūdatyf of the bysshod in whos dyocise he dwellyd next before .xxxvj. E. iij. C. viij ¶ Annuell chappeleyns shall not take for theyr hole annuel sa●erye aboue .vij. markꝭ they that shal be reteynyd to serue curys .viij. markꝭ yf it be not by the lycence of the ordynary so that the hole some wyth the lycence passe not .ix. mark .ij. h. v Statut. ij C. ij Charter of ꝑdon ¶ Charters of pardon shall not be graunt but where a man sleyth a nother but where a man sleith a nother in his defence or by mis fortune ij E. iij. C. ij ¶ No charter of pardon shall be graūt where a man is vtlawyd for the kyngis fyn yf the chauncellour be not assuryd that gre is made to the playntyf of damagis And wher a man is vtlawyd at the suyt of the parte by proces no charter shal be graūt before that he yeld hym sef to prisō before the iustyce where the record is And that the iustice shall award a scire fac to the parte plaītyf and yf he come he shall plede vppō the oryginall as though no vtlari were And yf he be warnyd and come not the charter shall be alowyd .v. E. iij. ca. xij xiij ¶ He that hath a charter of pardon of felony shall fynd surete of his good aberīg before the shyryf and coroners where the felony was don wythin .iij. monythis after the makyng of the charter by .vj. men whyth shal be insealyd and retornyd ī the chaūceri wythī thre wekis after the .iij. monithis or ellis the charter shal be voyde And yf he be not of good aberingh afterward the chart shal be voyde .x. E. iij. C. vltimo ¶ A charter of pardō shall not be graūt of any felony agains the kyngis oth aud yf c. it is voyde .xiiij. E. iij. C. vltimo ¶ A charter of pardon of felony shall conteyn the suggestion and the name of hym that made the charter and the iustice before whom sich charters be alowyd c. shall inquere of the suggestion and yf it be found fals the charter shal be dysalowed .xxvij. E. iij. Cap. ij ¶ yf a man slee a nother by misaduenture the kyng shall gyf hym grace yf it please hym Gloucest cap. xij ¶ A Charter of pardon shall not be alowyd for murder of a man slayn by lyeng await or malece before though yf it be not specyfyed in the same and if a charter of the deth of a man be aleggyd before what so euer iuggys making no mencion of the premissis the same iustic● by a good inquest of the vesnew whe● the ded man was slayn shall inquere of the pr●mi●sis yf they fynd that he was murderd by awayt ●t ●upra the chart shal be disalowed .xiij. R. ij ca. j ¶ The name of hī that suyth for an apꝓuo●● shal be put in the same and he shall pay C. li● to the kyng yf he b●come a theff after ward .v. H. iiij cap. ii ¶ The kyng perdonyth all th● clergye for one s●bsydye grauntid to him for all
woman may entre and holde the lande to hym durynge the lyfe of the husbande but after the dethe of the husbande the woman shall haue agayne the lande accordynge to her elder ryght prouyded that this acte extende not but to alienacions made after the furst day of decembre nexte comynge nor where he that ought to haue the lande after the deth of the woman is agreable to suche alyenacion or recouere so that the gremēt be of record xi Hen. vi capitulo .xx. ¶ Dedꝭ of gyft of goodꝭ or catellꝭ made to any man to the vse of the graūtour be voyd .iii. h. vii ca. iiii ¶ Loke in the tytle of vyllynage that yf a feff●mēt be made to the vse of a vyllayn that his lord may enter .xix. H. vii ca. xv ¶ Euery ꝑson to whose vse Empson dubley were seysed of landes or tenemētes may entre make estate to otherꝭ in fee to his vse as well vppon the possyssyō of the kynge as vpō the possessyon of any other also of such landes wherof any of thē were seysyd ioyntly with other that the other theyr heyres shal be seysyd to suche intent as they were with Empson dudley notwithstādynge theyr atteīder pmo h. vii ca. xiiii ¶ yt is a greyd that no man shall take fesaūtes nor ꝑtriches with nettes or other ingines ī any others lande vpō payn of x.li the one halfe ther of to the possessour of the land ● wher c and the other halfe to hym that wylsew .xi. h. vii ca. xvii ¶ Noman take in an others lande by craft or in gyne any herons but with haukyng or longe bowe vppon payn of .vi. s. viii d. that none take in a nothers lande yonge her on out of the nest without lycence of the lorde vpon payn of .x s. for euery heron he that wyll sew shall haue an accyon of dette And that the proces shal be as in an other accyon of dette where nother esson proteccyon nor wa●er of lawe shall lye .xix. Hen. vii Capitulo .xi. Felony ¶ None frō hens forth that breketh any prison shal● haue iugemēt to dye for that only brekyng except the cause wherfore he was īprisoned req̄re the same iugemēt though in times past it hath be otherwyse vsed● statut de psonā frāgēt Multiplicaciō of money is made felony .v. h. iiii c. iiii ¶ Cuttynge of ●onges puttynge● out of eyes of malyce p̄pensed is made felony .v. h. iiii ca. v. ¶ wher before this dyuers women hauīge substans in mouable goodes or in landꝭ or that be heyrꝭ apparātes to theyr aūcestours be oftymꝭ takē away by misdoers agayns theyr wyllꝭ and after be maryed to suche mysdoers or to other by theyr assent or elles defoylyd to the grete dyspleasure to god dysꝑgement of the women c. it is ordeyned therfore that suche takynge be felony and that suche mysdoers takers ꝓcuratours receyuers knowyng the same offence c be iugged as pryncypalles felones prouyded that this acte extend not to them that onely clayme the woman as ward or vyllayne c. iii Hen. vii Capitulo .ii. ¶ Loke for felony in staple puru●yours faucō rape recordes money hunters and in iustyce of the one bench other .vi. h. viii ca. vi Fermes ¶ Hundredꝭ wapentakꝭ shal not be let aboue ●he old ferme that is to eschewe brybery c. iustyces of peace haue power to inquyre and to ponysshe sheryffes doynge the contrary .iiii. Ed ii Capitulo v●timo ¶ The next of the kin to whō the heritage may not discēd shal be p̄ferred to the fermꝭ of tenaūtꝭ in the kyngꝭ ward without fraude fyndīge suerte to yelde to the kīge c. .xiiii. E. iii. ca. xii ¶ The chapters shal be perferred to the fermꝭ of bysshoprykꝭ abbais other possessyons of holy church the chaūcelour the tresourer haue power to let such fermꝭ for euer yeldyng the value by the yere or bi the monethe .xiiii. Ed. iii. pro cler● capi iii. ¶ No landꝭ nor tenemētꝭ seysed in the kynges handꝭ vpon enquest taken before exchetours or cōmissioners be let to ferme but shall abyde ī the k●gis hādes till the same questꝭ be retorned ī the chaūcery or in the escheker by one moneth after the same retorne except they that be greuyd put out by ●uil īquestes of theyr lādes tenementis come in to the chauncery and profer them selfe to trauers the same inquest And to take the same landes and tenementes of f●rme then they shall be commytted to them yf they shewe by good euydence prouynge theyr trauers to be t●ewe aft the forme of the statut made .xxxvi. E. iii ca xiii to hold tyll the yssue of the same trauers be dyscused to fynde suerte to set thesame trauers with the effecte to yelde the kynge the value yf it be foūde for the kynge and yf any patēt or lesse be made to the contrarye within the sayd moneth it is voyd c. viii H. vi ca. xvi And the chauncelour tresourer shall let suche fermes .xviii. H. vi ca. vii in fine but now yf he come in to the chaūcery within thre monythes next aft the same offyce put in to the chaūcery or escheker that thē by the same chaūcelour he shal be admytted that all other patens graūtꝭ h●reafter to be made therof with in the .iii. monethes ended be voyd notwithstādinge the sayd statut of āno viii H. vi or any other statute made contrarye c. .i. H. viii capitulo .ix. ¶ None shall holde any fermis within the yle of wyght but that they all extende not to the valewe of .x. marke by the yere .iiii Hen. vi● capitulo .xvi. And he that taketh any suche aboue the the sayd valewe shall forfayte to the kynge xl.li they that haue many fermes at this tyme. c shall chose whych of the fermis plesyth hym to the same valew and the lesse of the remenaunt to be voide ī the yere of our lord M. CCCC.lxxxx And they that haue payd fynes for theyr furst lessis to be alowyd and this alowau●ce to be iuggyd by the capteyn of the same yle or his leuetenaunt for the tyme beyng cetera Loke for fermes in trauers Fees forfeyt ¶ Loke in the title forfetour Fees of court ¶ Ushars and seriauntis of the court shall take for theyr fees as yt is ordeinid by the statute but it spekyth but of the iustice in eyre c●te●a ideo vide w. ii cap. xliiij Fynes ¶ At the cōmī law the partes to the fyne and theyr heiris were reseyuid to auoyd the fynes by such auerment that before the fyne leueyd in the tyme of the leueyng therof and after the plaītyffꝭ demādaūtis theyr aūcestours of the tenemētꝭ ꝯteynyd in the fine or any ꝑte of them were alwey seysyd c. yt is ordeynyd that the seyd excepci●s or ansuers no wyse agayn●t the seyd recognusan̄ce fines
nor of the lād tyll that he hath takē his homag● And when he cōmyth to full age of .xxi. yere he shall haue his herytage without relef and without fyne magna carta ca. iii. ¶ The king shal not haue the warde of the heyre of lādys holdyn of any other by knyght seruyce by occasion of any tenur of vs by petyt serian tie magna carta ca. xxvii ¶ Euery lay man that is conuyct of the takyng away of a ward by strēgth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whā he cōmyth to full age he shal satysfie the lord as myche as he myght haue had for the maryage before that he receyue his landys marton tapi vi ¶ Theyrys shall be maryed without dyspergement magna carta ca. v. in fine ¶ yf the lorde marye the heyre where he is dysꝑgid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the ꝓfet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord frō his ward c. if the tenaūt enfeffe other by colucy on that shal not put the lorde frome his warde but the statute wyll that he shal not put out such feffes with out iugemēte shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age m̄lebryg ca. vi ¶ In a wryt yf ward of the def come not at the graūd dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thā he shal lose the poss●ssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ꝑ cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thā be maryed by theyr lordys where there is no disꝑgement than he shal hold the land tyl their age of .xxi. yere and aboue tyll that he hath reseyuyd the valew of the maryage westm i. ca. xxii ¶ yf the warden or chyeflord infeff any man of landys that is of the herytage of the chylde in his warde the heyre shall haue his recouere by assyse of nouell dysseysyn agaynst the warden the tenaunt and yf he recouer the seysyn shal be delyuered to the nexte frende to whom the herytage can not dissend to be answerable to the childe at his ful age the gardeyn shal lose durynge his lyfe the warde of the childe and all the remenauunte of the herytage and the warden that is ●ot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut b● takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resōmonyd at the sewt of the heyre yf it be the tytle of gyfte or sale than at the sewt of the excecutours and yf the defendaunte dye it shal be resōmonyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple b● of the ward of the land or the heyre or of both the resōmons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyuē within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act extēde not to any mā takyng any womā claymīg her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any lāde in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessiō c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defēdaūt shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon
golde smyth melt no halfp ny nor farthynge of syluer vpon payn of forfeytour .xi. Hen. iiii Cap. v. ¶ He that byeth or bryngeth in to the realme the halfpens called foskins and dodkyns shal be ponysshed as a felō and he that taketh or payeth suche money shal lose C. s. wherof the kyng shall haue the one halfe he that wyl sew the other halfe that the iustice of peas maire baylyf stewardꝭ of letis shal īquyre c. the said maires baylyffes stewardes shall sende theyr presētment before the iustice of peas and they shal make proses of vtlary and the sayd matters here determyn The .iiii. Henry .v. sta ꝑse ¶ Money shal be made at yorke or elles where and thes chaūge also by the discreciō of the kynges counselours for the tyme beyng .i h. vi ca. i. ¶ None cary money out of the realme without the kingꝭ lycence to no where but to caleis vpō pain of forfetour except wagis for souldeours yet they shall haue lycence of the king m̄chaūtis straūgers shal find suerte for their felawship in the chauncery that they cary none out vt supra vppon the same payne The .ii. h. vi ca. vi ¶ Elākes be voyded out of the realme nor thei shall not be take in paiment vpon the same payn that is rehe●sed of galy halfpens .ii. h. v. ca. ix ¶ The maister of the mynt shal receiue of eueri one that bryngeth syluer to the mint after the value vpō pain of doble damage to the ꝑte that the coūtroller and the assaier of the mynt be present whiche be cōnig in the craft .ii. h. vi ca xii ¶ That none bye nor sel no syluer in plate nor pese nor masse beyng of as good alay as the sterlyng aboue .xxx. s. the .li of troy aboue the faciō vppō payn of forfeifour the double value of as myche so bought or sold against this ordinaūce that the one halfe be forfait to the king is vse the other half to his vse that wyl sewe therfore ꝓue the forfeitor ꝓuided alway that thei that goo to the coynage mai haue take of the maisters of the same coyn after that as is laufully cōteyned in the indentures bytwene the kyng and the maister therof made and also the maister o● the sayd mynt for the time beynge may take and delyuer as it is conteyned in the said indenturis without more takynge for the case and profyte of the commyn people The .ii. Henry vi Capitulo .xiii. ¶ The wardens and mynysters of the mynte shall reseyue plate of golde and syluer by weyght and in the same maner delyuer it and not by number The xxv Ed. iii. statuto de prodic Ca●pitulo .xx. ¶ All maner of gold of the coyne of a souereyn half souereyn ryal half ryal the .iiii ꝑte of a ryal the angell halfe angell beinge hole of weyght shal be currant in this realme for the sum thei were coyned for and also all grotꝭ coined in this realme or in other lādꝭ now currant for iiii.d and al halfe grotes coyned in this realme or in other landis now currant for ii.d not clypped minysshed nor other wise impaired and all pens of the kyngꝭ coyne beyng siluer shal be currant in this realme excepte pens hauynge dyuers spor●es or the mullet betwyxte the barres of the crosse the whiche shal be currante but for halpens onely that the mayre or chefe officers of eueri towne or place to inprison or to ponysshe such by their dyscrecyon that refuse any suche money in any payment and they to be compelled to take it and that all such grotes half grotes and pens of ii.d clypped mynysshed or other wyse impeyred except reasonable weryng shall not be currant but to be forsaken in paiment but thei may bring thē to the mynt and to be chaunged after the custom of the mint for auoydynge of clyppynge here aft the kyng hath ordeined new coynes that euery grote peny shal haue a cercle about the vtt border that al maner of gold hereafter coyned shall haue the hole scrypture aboute euery pece therof that the wardē coūtrollers of the kyngꝭ mynt shal serche se it be so made ꝑfite before it passe from the mynt vppon payn of forfeitour of their office to make fyne at the kyngꝭ pleasure that no ꝑsō cary any bully on plate or coyne of gold or syluer in to yrlond aboue the sōme of vi s. viii d nor cōuey it into any ship or bote nor brynge any coyne of gold or syluer of the coyne of yrlond in to this land aboue the some of .iii. s iii. d vppon payn of forfeitour therof to haue īprisonment to make fyne at the kynges plesure and that euery man that can sease any suche yrisshe money abou● the some of .iii. s. iiii d and bryn●e it to the kynges mynt shall haue the va●e of the one halfe therof delyuered to hym a● the sayd tyme by the mayster of the sayd mynt The .xix. Hen. vii ca. v. ¶ Loke more for money in the tytle of eschaūg of fynours of gold syluer or goldsmythes ¶ They that coyne at any mynt within this realme shall make of euery C. li. of golde as many halfe angelles as a mount to the value of xx.ii and of euery C. li. of syluer plate or bullyon grotes to the value of l.li and half grotes to the value of xx.li pens to the value of xx.li halfpens to the value of .x. marke and farthyns to the value of .v. marke whiche farthynges shall haue vppon the one syde the print of the porcolyce vppon the oth●r syde a rose with a crosse and yf any do the contrary the mayster of the mynte shall forfeite x.li the halfe therof to the kynge the other to hym that wyll sewe wher● wager of lawe esson and proteccyon shall be put out ¶ They that resorte to the mynt wyth bullyon or plate vnder the value aforesayd shal receyue the .x. parte therof in halfepens prouyded that this acte be not preiudicial to the mynt maisters of yorke Caunterbury and durram .xv. H. viii Capitulo .xii. Mordauncestre ¶ The recognisans of assise of mordauncestre shal be alway taken in their countes magna carta Capitulo .xii. ¶ yf the gardeyn holde the lande aboue the full age of the heyre the heire shall haue assise of mordauncestre agayns hym and recouer his damages from the tyme he was of full age merlebre Capitulo .xvi ¶ yf a man dye and haue many heyres wherof one is a sone or doughter brother or syster neuewe or nece and the other be of a more lenger d●gre than these foresayd heyres they shal haue a wryte of mordauncestre Glouc. ca. vi ¶ yf a woman recouer her dower agayns the gardeyn and he confessithe the accyon or losyth by defaut or pledeth a faynt ple by the which he recouereth the heyre when he cometh to ful
age shall haue an accyon agayns the woman of the dysseysyn of his auncestour and the woman shal haue here ryght westm̄ ii capitulo .iiii Mortemayn ¶ yt shal be lawful to none to sel nor to gyue lāde to any house of relygion and yf any suche gyfte or sale be made it is voyde and the land is forfeyte to the ch●fe 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 lordꝭ 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 hī certein seruyce for the defence of the realme sauyng to the lordes wardꝭ r●leues eschetꝭ other seruyce sta de religiosis ¶ yf any relygyous or spyrytuall ꝑsons impled any that maketh defaut wh●rby the land shuld be lost yet it shal be inquired by the contrey yf the demaūdāt haue ryght or no if he haue thē iugement shal be gyuen for hym and yf he haue no ryght then the land shal be forf●yt 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 withī halfe a yere and so euery lord to haue his halfe yere tyll it come to the kynge euery one of the chefe lordꝭ or any other for the kyng may chalēge the i●rry and the land shal remayne after the iugement be clere in the kinges handes tyll the tenement by the demaundant or sōme chef lord be disprouyd ● and the sheryffes shal be charged to answere to the escheker of the issues westm̄ ii Capitulo .xxxiii. ¶ yf relygyous purchace landes with lycence of the kyng and haue his ad ꝙ dampnū 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 sepultur̄ 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 ¶ Nō 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 whō the kyng o● his fader hath graūtyd 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 b●t mi●fortune mar●ebre Capitulo xxv And the kyng therof shall gyff hi● pardon Ne imustue vexes ¶ Non shal be distreinid to do more seruyce of a knigh●is ●ee nor no oth●r fr●e hold thā is dew therof Magna carta capitulo .x. Nisi prius ¶ A nisi prius is gy●f●n in assise adiornid vppō a foreyn pl●e and also in plees of trespas and in a plee of l●nd ●ft●r 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 ī certeyn in the wryt w. ii Cap. xxx ¶ Inquisicions and recognisans shal be takyn before one iustyce of eythyr benche ●n 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 c●rteyn 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 nō of that bench may come ● 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 del●ueryd 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 graundistress● 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 wh●re they be acquite as attaynte and to ward execucion by and by .xiiii. hen vi Capitulo primo Northūberlād ¶ No shyryff of northumberland make colleccion of hedepens vppon payn of C. li.
certificat of the customer of calyce thā that shal be tryed in the coūty 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 coūte of york .iiii. E. iiii ca iii. watermen ¶ Loke for that in the tytle botemen Uacabundys beggers ¶ No mā shal giue almes to beggers that be strōg and able to worke vpon payn of imprysonment The .xxiij. E. iii. ca. vltimo ¶ Beggers that be strōg and hole of body shal be compellyd to work and beggers that depart out of their hūdred cite or borow without leters testymony all it shal be done to them as of labourers that pas out of the hūdred 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 captēs 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 assyseꝭ shal inquyre of vacabundys loyterers and faytours and them to ponysshe and as wel thesame iustyce as mayrys baylyffꝭ constablꝭ 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 cōmīg of the iustice of deliueraūce and they haue power to do of thē as they shall thynke conueniēt The .vii. R. ii ca. v. ¶ Mayres shreuys baylyffꝭ 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 cōmaundid 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 ●f 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 chaūcellour of the vniuersyte of his captē 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 vacabūdys 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 sheryffꝭ 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 pe●alte may dystrayn c. further more by this sta●ute the imprysoment that is gyuyn by the statu●● Ryc is put out The .xi. h. vii ca. ii This ac●e ●s confyrmyd The .xix. h. vii ca. x. And thereto ●●largyd 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 aldermā as is beforfayde to take the mercyament therfor iii. s. iiii d And to dystrayne therfore And that the chaūcellour the tresorer the two chefe iuggꝭ the chyf barō of the eschekyr the iustice of assise in theyr cyrcuitys to examyn the sayd officers defectyfe and to put them to suche punysshemēt as though they were conuycte by dew ꝓces of the law the styward tresorer controller of the kinges howse haue lyke auctoryte within the p̄cic● of the verge and the mayre and euery alderman in the cyte of london within his warde ꝓuydid that the dyminicyō of ponysshement of vacabūdys shal be for women with chyld and men wymen in grete sekenes and impotente aboue the age o● lx yeres by the dyscression of them that haue au●●toryte And the iustycꝭ of the pease within thei● shyre and the mayre sheryffꝭ and baylyffꝭ in thei● iurysdyccyon to make serche of these .iiii. tyme● in the yere that is to say euery quat ones to se dew● execucyō done as is beforsayd The .xix. h vii c● 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 wardē of the flete ī the title of escape wager of law ¶ No balyf shal put any mā to wage hys law opynly without witnes magna carta ca. xxviii ¶ A mā shal haue his law agayns papirs of lōdon .xxxviii. E. iii. ca. v. In det vpon the arreragys of accōpt 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. ●h viii ca vii Atturney ¶ Al abbotꝭ priors in euery hūdred wapētak or court barō by their attorne is made by their co●ēt seale shal pled al plees for thē the stuward ● eueri such court shal receiue such atorneis vpō●ain of xl.i ī the abot of foūteins shall do his ●aw by one of his mōkꝭ or by atturnei with f●●●ādes but the attorney must haue his warraunt ●nder 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 x●xiii 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 cōfyrmed .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