age shall haue an accyon agayns the woman of the dysseysyn of his auncestour and the woman shal haue here ryght westmÌ„ ii capitulo .iiii Mortemayn ¶ yt shal be lawful to none to sel nor to gyue laÌ„de to any house of relygion and yf any suche gyfte or sale be made it is voyde and the land is forfeyte to the châ—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 lordê be negligent and be of ful age and within the realme and out of prison Then the kynge shal sease the landes in to his handes and shall infesse other therof yeldyng to hiÌ„ certein seruyce for the defence of the realme sauyng to the lordes wardê râ—leues eschetê other seruyce sta de religiosis ¶ yf any relygyous or spyrytuall ê‘sons impled any that maketh defaut whâ—rby the land shuld be lost yet it shal be inquired by the contrey yf the demauÌ„daÌ„t haue ryght or no if he haue theÌ„ iugement shal be gyuen for hym and yf he haue no ryght then the land shal be forfâ—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 withiÌ„ halfe a yere and so euery lord to haue his halfe yere tyll it come to the kynge euery one of the chefe lordê or any other for the kyng may chaleÌ„ge the iâ—rry and the land shal remayne after the iugement be clere in the kinges handes tyll the tenement by the demaundant or soÌ„me chef lord be disprouyd â— and the sheryffes shal be charged to answere to the escheker of the issues westmÌ„ ii Capitulo .xxxiii. ¶ yf relygyous purchace landes with lycence of the kyng and haue his ad ê™ dampnuÌ„ though he entre by dew processe yet he shal be put to hys resonable fyne The .xxvii. E. iii. capitu iii. ¶ In all casis where any be in feffyd or in possessyon other wyse of any landes tenementis auousons fees or other possessions to the vse of men of relygyon or other spirituall persones to the intent to mortise them wherof sych persons take the profettis it shal be done of them as of landis alyenid agaynst the statute of religiosis and the same law shall be of such possession purchesyd to the vse of gyldis or broderhodys mayres baylyffes and commyns of any town which haue commynalte perpetuall or of other that haue offyce perpetuall and they that make chyrcheyardis or sepulturÌ„ perycholl without the kyngis lycence though they haue lycence of the pope yet they shall fall in to the same payne The .xv. R. ii capitu v. Multiplicacion ¶ NoÌ„ shall vse to multiplye gold or syluer nor vse the crafft of multiplicacion and yf he be attaynt therof to renne in to the pain of felonie v. h. v. Capitulo .iiii. Murage ¶ Cytezens and burgeys to whoÌ„ the kyng oâ— his fader hath grauÌ„tyd 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 bâ—t miâ—fortune marâ—ebre Capitulo xxv And the kyng therof shall gyff hiâ— pardon Ne imustue vexes ¶ Non shal be distreinid to do more seruyce of a knighâ—is â—ee nor no othâ—r frâ—e hold thaÌ„ is dew therof Magna carta capitulo .x. Nisi prius ¶ A nisi prius is gyâ—fâ—n in assise adiornid vppoÌ„ a foreyn plâ—e and also in plees of trespas and in a plee of lâ—nd â—ftâ—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 iÌ„ certeyn in the wryt w. ii Cap. xxx ¶ Inquisicions and recognisans shal be takyn before one iustyce of eythyr benche â—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 câ—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 noÌ„ of that bench may come â— the nisi prius shal be than grauntid before the iustice of the commin place and econuerso c. and if non of them may come than before the chef baron yf he be lernyd in the law or before the iustice of assise so that alwey one of them shal be a iustice or seriaunt at the law sworn and that they may record nonsuetis and defautis according to the statute of york c. and that the tenure of the record shal be delâ—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 graundistressâ— retornyd and that as well at the eschekyr as ellis where .vii. R. ii Cap. vii ¶ Iustice of nisi prius in all casis of felony treason haue power to gyff iugement incontinent as well whâ—re they be acquite as attaynte and to ward execucion by and by .xiiii. hen vi Capitulo primo NorthuÌ„berlaÌ„d ¶ No shyryff of northumberland make colleccion of hedepens vppon payn of C. li.
without grace Eod. anno Cap. x. ¶ That no ê‘son within the cyte of londoÌ„ nor vii myles of the same occupi as phesicioÌ„ or surgyoÌ„ except he be apê“bath by the bysshop of loÌ„â—on or deane of powles callynge to hiÌ„ .iiii. doctors of phesyk and for surgery other expert persons in that faculte vppoÌ„ payne of forfetor for euery moneth v.li the one half therof to the kiÌ„ge the other half to hym that wyll sew by accyon of det wherin nother wager of law nor proteccyon shall be alowed and that no person in any other place occupy as phesycyon or surgioÌ„ except he be approbate by the bysshop of the dyosyce or by his vycar generall callynge to hym syche expert persons therin as he shall thiÌ„ke conuenient and geffinge letters testimonyall to hym that they shall so approue vppon lyke payn to be leuyd as is before sayd Prouyded that this act be not preiudiciall to oxford or camebryge or to any priuileges grauntid to them The .iii. h. viii cap. xi Playes and gamys ¶ Laborers and seruauÌ„tys that vse dyse and other sych gamis shall haue imprisonment of .vi. dayes and the sheryff mayrys bailyffys and coÌ„stables haue power to execute it froÌ„ tyme to tyme and if they do not the sheryffmayre or balyffis shall forfeyt to the kynge for euery defautâ— xx s. and the constable viâ— s. viii d and the iustyce of assyse haue power to inquyre of theyr defautis and to certyfy it in to the chauncery The xiâ— h. iiii cap. iiii ¶ Noo gouernâ—r of howse tenement or gardein suffer wyllyngly any person to occupy to plaie at the classh keyles halfe bowle handyn haÌ„d out or quekbourd vppon payn of imprisonment by .iii. yeris or to forfeyt to the kynge or to the lord of the fee that hath catall felonÌ„ fugit x. li the one halfe therof to the kynge or to the lorde before sayd and the other halfe to hym that wyll sew by accioÌ„ of det where proces of vtlary shall lye and the parte that playeth shall haue imprisonment of .ii. yeris and shall forfeyt x.li the one half to the kinge or lord and the other to hym that wyll sew therfore by accion of det c. The .xvii. E. iiii cap. iii. ¶ No apprentyce nor seruaunt of husbaÌ„dry laborer nor seruaunt artyficer play at the tablis teÌ„nyse dyse cardis bowlys nor at none other vnlawful game owt of the tyme of Crystmas but for mete and drynke and in cristmas to playe onely in the dwelling howse of his mayster or in the presence of his mayster and he that doth other wyse shal be put in the stockys openly by a hole day and that the howsold where such vnlawfull gamis be vsyd be presentyd before the iustice of pâ—ase and the mayre or sheryf in hys tyme or stywardis or lete and no lesse fine be set than .vi s. viii d and lyke proces shal be made agains hym as is in an enditemeÌ„t of trespas and the iustice of pease wherof one shall be of the quorum to reiecte and put a way all vnlawfull alâ— howses by their dyscressioÌ„ The .xi. h. vii ca. ii and the .xix. h. vii cap. xii Plees ¶ All plees in eueri court of england shall be pledid shewed defendyd ansewâ—â—d debatid and iuggyd in the englys tonge and that they shal be enâ—erid and in rollyd in latyn The .xxxvi. Ed. ii cap. vltimo Pore men ¶ It is agreed that pore men that haue cause to sew by the discressyon of the chauÌ„celler shal haue wryttes oryginall sub pena owt of the chauncery with out any thyng payng and a clerke assyned by the chaunceller to wryt such writtys and also he shall assygne counsell and attorneys to theÌ„ cetera And when such a wryt is retorned before the king in his bench the iustyce there shall assyâ—ne them counsell attorneys and other offycers necessarys that shall do all thynges for them requysyte without any thiÌ„ge takinge et cetera And the same lawe shall be holden in all courtys of recorde The .xi. h. vii capitulo .xii. Poope ¶ He that payeth to the pope for the fyrst frutys more than is wont to be payd shall forfayte to the kynge all that euer he may forfayt The .vi. h. iiij Capitulo .i. Prechers ¶ No prechers shall prech without licence of the ordynary of the place except personis priuylegid and curatis withiÌ„ theyr ê‘issh .ii. heÌ„ iiii Capitulo .xv. prerogatyf of the king ¶ we shall not haue the custody of any land which is holden of an other by reson of any land which is holden of vs in socage or petyt seriauÌ„tye or fee ferme but that fee ferme which makyth knyghtis seruis Magna carta Capitulo vigesimo quarto ¶ yf the kingis tenaunt hold any land of hym in chief by knightis seruyce he shall haue the ward of that and of all the landis holden of hiÌ„ and of other for what so euer seruice c. if he dye seysyd except the fee of the byshop of canterbury and the byshop of durham the kyngis prerogat regis Capitulo .i. ¶ Also he shall haue the mariage of the heyr if he hold of eschet in the kingis handis or he shall haue the mariage by reson of the keping hauing no respect to the furst fefement though he hold of an other cap. ii ¶ Also he shall haue the furst seysyn after the deth of them whych hold of hym in chyâ—f of all the landis of which they dyed seysyd of whoÌ„ so euer they hild ca. iii. It semyth that he shall haue the furst seysâ— though they hold of hym but in socage ¶ Also he shall haue the furst of all the landis whych be holden of hiÌ„ in chief and that is vnderstand of landys and fees whych by reson of knyghtes fee of seriÌ„antê fâ— or by the law were wont to be iÌ„ the kynges handê mÌ„lebrige ca. xx◠¶ Also he shall assinge to wydows of such tennaÌ„tes theyr dowres though theyr heyrys be of full age and if such widows mary them self without lycence c. he shall seise all theyr land til they make fyne at his wyll ¶ Also women that hold of the kyng in chief of what age so euer she be shall swere that they shall not mary them self wythout licence c. if they do the landes shal be taken into the kingê haÌ„des vntyll they haue made satisfaccion at his plesure ca. iiii loke how this is put in vre ¶ Also if inheritauÌ„ce which is holden of the kyng in chief do discend to ê‘tenÌ„s then all shall make homage and the inheritaunce shabe ê‘ted among them so that euÌ„y for theyr ê‘te shall hold of the kyngâ— ca. vj. ¶ Also iâ— a woman befor the deth of her auncestors which hild of the kiÌ„g iÌ„ chief before yeris mariable be maried theÌ„ the kiÌ„g shall haue the custody of the body of that womaÌ„ vntill the age that she may consent and then that she
and countes where of they be or haue be conâ—ersaunt or ells they shal be abatyd And yf any vtlary be pronouÌ„ced in such case it shal be voyâ— And though they vary from the record oâ—efpecyalte for such surplysage they shall not abate j. Hvcav Admyrall ¶ â—â—â—â—â—ors aâ—â— that they be reteyned to seâ—â— the kyng vppoÌ„ the see and reseyuyd their wagis and after depart wythout lyceÌ„ce of the admyral or his leuetenaÌ„t be bound to restore the double of that they receyued to haue iÌ„prisoemeÌ„t of ij yeres without bayll or maymprise the kyng ê¯mauÌ„dyth all shiryffs mayreâ— aud baylyffes that at the certifycat of the admyrall or hys leueteuauÌ„t witnyssiÌ„ge the same to arest them and to put theÌ„ iÌ„ preson ther to remayn tyll thay haue a speciall ê¯maundemeÌ„t of the kyng for theyr delyuerauÌ„ce lyke punyshmÌ„t be done of the seriauÌ„tis of armys maisters of shyppê â—ll other that shall be a tayntyd by iÌ„quire before the admyrall or hys leuetenaÌ„t that haue takyn ought of the sayd mareners to suffer them to go at large after that they haue them so therfore â—restid the ij yere of R. ij c. iiij ¶ All maner contractis plees quarrellys and other thynges done or growyng withiÌ„ the bodyes of the coÌ„ntes as well by lande as by water also wrekys of the see shall be determynyd by the lawe of the land and not by the admyrall neuertheles of the deth or mayme of a man don in the great shyppis beyng harboryd in the myddys of the hye stremis of the gret ryuers only benethe the bryggys of the 〈◊〉 riuers next to the see the admyrall shall haue iurisdiccion in no nother maner And also to arest the shyppys in the great stremys for the great vyagis of the kyng the realme sauing to the kynge all maner forfeytis therof coÌ„myng And also he shall haue iurisdiccyoÌ„ in the sayd stremys durynge the sayd viagis only sauynge all wey to cytes and borowes and lordis theyr lybertes and fraunches The xv R ij c iij ¶ The admyrall shal medyl with nothiÌ„ge done within the realmÌ„ the xiij R ij c v he that is greued agaiÌ„s this estatute shal haue a writ vpppon his cas agayns hym that sewyd hym in the admyrall court shal recouer double damagis yf the defendant be attaiÌ„t he shal pay xli to the kyng the ij H iiij c xi Loke morâ— for admyrall in the tytle trews Administratours ¶ yf a maÌ„ dye intestate the ordinary shall depâ—â—te the next lawful freÌ„dê of the dede maÌ„ whych shall haue accion make answere aud be accomptable to the ordinaryes as executoursâ— xxxj E iij Ca xi Age ¶ In a wryt of entre by the heyre of the disseysi agayns the heyre of the disseisour the wryt shall not be abatyd by the noneage of the one nor of the other nor the plentyff delayd c and if a man bryng assise the disseysour dye before the assise pass the pleyntyff shall haue his wryt agains the heyre of the disseysour of what age so euer he be the ple shall not abâ—d but it shall be pursewyd with quyk suâ—t astyr the disseysyn And in the same maner this point shall be in the ryght of the pÌ„latis of religion other to whom landis tenemeÌ„tis may come after an others deth whedyr they be disseysyes or disseysours WestmÌ„ primÌ„ Cxlvi ¶ yf an infant with in age be kept from hys inherytance after the deth of his cosin graunt fadyr or gret graunt fadyr by whcih he owght to haue a wryt his aduersary alege a fefement or sey any other thyng wherby the iustyce award the inquest wher it was delayed tyl the age of the infant here the inquest shall now passe as though he were of full age Gloucesterâ— Capitulo secundo ¶ â— wryt of cui in vita or â—ur cui in vita shall not be diâ—â—erryd after the deth of the husband for the noneage of the heyre which ought to warrant it but the byer shall â—ary vntyll the ful age of the heyre westmÌ„ ii Ca xl Aid of the kyng ¶ where the kyng makyth a fefement and the dede ther of made be so that any person by lyke dede or lyke feffement be bound to warrantye the iustyce may ê“cede no further In other casts as where the kyng hath confirmyd or ratyfyed an other maÌ„nis dede in to an other mannys ryght or grauntyd any thyng to an other as mych as in hym is Or wher a dede is shewâ—yd that the kyng hath gyffyn any tenement not no clause therin conteynyd wherbyâ— he owght to warrant it and for the occasion ther of in all such lyke casâ—s it shall not be surseysyd but that as sone as it is shewd to the kyng they shall ê“cede Of wymennys dowers where any haâ—e the kepyng off the heyris of theyr husbandâ—s of the kyng is graunt whethyr the kepers hold the land or the heyris of the lond be vouchid or callid to warrantye yf they ley excepâ—â—on that they can not answere wyth out the 〈◊〉 they shall not surcesse therfore but they â—â—all procede in the accion accordyng to ryght â—tatut de bigamis Capitulo primo ¶ A maÌ„ shall haue but iiij wryttis ofâ—erch were he hath ayde of the kyng wherof euery â—â—albe deliuerd .xl. days before the retorn of the â—â—me .xiiij. E. iii. CapÌ„ xiij Alyens ¶ Priours alyens conuentuall institute inâ—uct may haue theyr beneficis in englond so â—hat they fynde suerte that they shall not discoâ—er the secretis of the reame The furst yere oâ—â—enry the .v. Capitulo .vij. ¶ Non of the kyngis lege people nor noÌ„ other â—e fermour nor procuratour to any alyen whâ—â—che hath auy benefyce within this reame The iii. yere of R c. ii capitulo .iij. ¶ Alyens shall take no possessyon in no beneâ—ice in englond without the kyngis lyceÌ„ce The 〈◊〉 of Richard .ij. capitulo .xi. ¶ The kyng shall haue the possessions of pâ—â—â—ours aliens in fee if they be not coÌ„uentu â—lls â—â—â—â—stitute induct The iiij yere of henry the 〈◊〉 the last chapt ¶ It is law full for no alien to shote in a loâ—â—â— bow with out the kyngê lycence vppon payâ—â—â— of forfeture of the same bow arows euery of the kyng subiectis may seyse the bow arâ—â—ws .vj h viij Cap ij ¶ All aliens hauyng any manuel occupacioâ— in the suberbis of any cyte or town with in thâ—â— reame or with in ij myle therof except oxford 〈◊〉 brydg seynt merteyns the grauÌ„t in londoÌ„ 〈◊〉 be vnder the serch of the wardens of the oâ—â—â—â—pacioÌ„ with an alion housholder of the same â—â—cupacioÌ„ to theÌ„ chosin And they shall delyâ—â—â— to the same alions beyng a blak smyth coupâ— pouchmaker or ioyner a sign or a merk whyâ— they shall put vppon theyr work or thei puâ— to sale vppon payne of forfeytour of doble 〈◊〉 leto of the same warys Also yf such wardenâ—â—
eschaunge or otherwyse any coyne of this lande of gold or bullion or othâ—r maner plate of golde for his marchaundyse vpon payne of forfeyture of double valew of that coyne or plateâ— And he that wyll sue by accyon of dette shal haue the one halfe and the kynge the other halfe And he may haue it by wryte byll playnte or informacyon The iâ—ii H vii capitulo .xxiii. ¶ Loke more of this in the tytle of golde and money Eschete ¶ The kynge shall not holde the landes of theÌ„ that be conuyct of felonye but a yere and a day and then â—hey shall retourne to the lordes of the fee Mag. carta ca. xxii loke for eshete in the tytle wynes Eschetour ¶ Eschetours shal be chosyn as the sheryfâ—â— and that there be as many of them as ther were whan the kynge toke the gouernaunce of the realme and that no eschetoure tary in his offyce past one yere The .xiiii. E. iii. capitulo .vii. Before this statute there were but .ii. eschetours in Englande ¶ Eschetours shall take the inquestes of theyr offyce bytwene them and the Iurry of the same county openly in good townes or elles it is voyde The .xxxiiii. E. iii. capitulo .xi. ¶ Eschetours must haue xx.li lande or fee or more or to be put out of theyr offyce The .xlii. E. iiiâ— Capitulo v◠¶ Eschetours or commyssyoners whiche take inquestes of folkes not retourned by the sheryf shall lose xl.li wherof he that wyll sewe shall haue the one halfe also they shal retourne those inquestes so taken byfore them in to the chauncery or escheker withiÌ„ a moneth after the takynge vppon payn of xx.li to be payed as is aforesayd the .viii. H. vj. capitulo .xvi. They shal pay to the kynge as moche as he is indamaged for the not retournynge of them Loke more of exchetours iÌ„ the title of tauerner◠¶ Euery Eschetour shall take his inquestes of offyce by vertue of wrytes of diem clausit extremuÌ„ and of al other wrytes within a moneth after the delyuere of them and that they shall take them in good townes and open places and that he shall not take for his laboure and coste in one Countye aboue .xx. s. And yf he do contrary to the premyssis he shal forfeâ—te xl.li wherof he that wyll sewe it for the kynge shall haue the one halfe The .xxiii. Henry .vi. ca. xvii ¶ None shall be Eschetour excepte he or other to his vse at the tyme that he is chosyn may dysspende by yere in the same county .xx li And also he may not lette his offyce to ferme or make any depute if it be not to suche one for whome he wyll answere and he must gyue knowlege of the deputacyon to the tresourer within .xx. dayes after And yf the â—schetoure do otherwyse than is lymitted here he and his depute that so wyll occupye vnder hym shall forfeite xl.li The one halfe to the kynge and the other halfe to hym that wyll sew it by accyon of dette wherin nother esson proteccion nor wager of lawe shall lye And also the Iustyce of peace ought to inquire therof and make proces as vppon an Indytement of trespas but Eschetours in cytes and townes be excepte The .xii. E. iii Capitulo .v. ¶ If any eschetour or Commyssyoner putte in any offyce concernynge landes and inherytauÌ„ce in to any of the kynges courtes whiche is not presented by .xii. men indented and by them sealed â— he shall forfeyte c.li to the parte therby greued nor that no eschetour nor other Commyssyoner syt to inquere of any landes or inherytaunce excepte he or other to his vse may dyspende xl marke by yere vppon pain of xx.li And yf he may not dispende .xl marke he may refuse to syt in any suche commyssyon and shal be dyscharged in the Eschâ—ker therof by his owne othe without fyne or fee and that euery eschetoure and commyssyoner shall syt in open places accordynge to the statutes before made and that they suffre euery persone to gyue euydeneâ— opeÌ„ly in suche inquestes vpon payne of .xl. pounde And the sheryffe and other hauynge retourne of wrytes shall retorne before suche exchetours or coÌ„myssyoners no persone to inquere of landes excepte suche as haue landes to the yerâ—ly valewe of .xl. s. within the same shyre vppon payn of euery ê‘son so retorned c. s. And that the Iurry that shall be sworne shall receyue the counterpane oâ— the offyce indented and sealed by the sayd exchetour or commyssyoners and that to rest in the haÌ„des of the fyrst persoÌ„ sworne in the same Iurry vppon payne of euery one of the Iurry .xx. s. and that the sayd exchetour or commyssyoners shal receyue the verdet wheÌ„ the Iurry is redy to gyue it without delay and to delyuer the counterpane of the sayd verdet indented to the Iurry vppon payne of C. li. And the clarke of the pete bagge of the Chauncerye or other offycere there hauynge auctoryte or other offycer of the excheker hauynge auctoryte to receyue suche offycâ—s shal receyue the said offyce inquisition to them offered within .iii. dayes after it is offerd vppon payn of xl.li And tâ—â—n the sayd exchetours or commyssoner to be dyschargyd of his penalte xl.li for none retournynge of the same offyce within the moneth aâ—ter it is taken so that the sayd exchetour or commyssyoners at any tyme after the sayd moneth within an other moneth than nexte in sewynge retourne the sayd offyce in to the Chauncery or excheker as the case shall requyre And the clerke of the petye bagge to certefy the transcrypte of the sayd offyce the nexte terme folowynge the receyte therof vppon payne of C. s. for euery defaute And that uo exchetour be coÌ„pelled to occupy his offyce coÌ„tynually aboue one yere And the he that is exchetour one yere shal not be agayne in .iii. yeres after the fyrst hole yere ended and yf he do his patent therof to be voyde And the parte greued shall haue theyr recoueres of the sayd forfayte of C. li. by accyon of dette wherin no wager of law proteccyon nor esson shall lye And of the other forfeytours the kynge shall haue the one halffe and the parte that wyll sewe it the other halfe by accyon of dette where nother esson proteccyon nor wager of lawe shall lye ¶ Prouyded that this clause of the exchetours excersysynge theyr offyce ouer one yere extende not to Eschetours in any cyte or towne corporate or in the duche of Lancaster Corne wall and the Countyes palentynes of Lancastre Chestre Durham or Ely or in any other Countye palentyne in Englande wales or the marches of the same or to any eschetour made by any persone hauynge auctoryte by Fraunches pryuylege or by preserypcyon to make them ¶ Prouyded that this clause of the insuffycyency of the exchetours and Iurrours exteÌ„de not to any eschet our in cite or town corporat ne to any eschetour made by any person hauynge auctoryte to make them
Exigent ¶ They that haue or be receyuers of wolles of the kynge whiche they toke of the people and do aloyn them awaye so that the kynge can not be therof serued of them that brynge wolles beyonde the see without cokkettes or payenge of custome or subsydye And of the customers the fynders that suffre it to the kynges hurte of the kynges mynysters that receyue his money and withold it of coÌ„spyratours confederatourâ— and mayntenours of false quarelles â— of them that râ—yse rowtê in the pÌ„sence of the iustyce or other the kynges mynysters or in the Countes in dysturbaunce of the people soo that the lawe may not be done And also as well they that come in theyr company And of them that brynge false money to dysceyue the people agayns all these in case that they can not be founde or broâ—ght to answere by attachement or dystres an exigent shal be gyffyn and sâ—wyd agayns none other ¶ Exigent shall not be awarded where a man is indyted of trespas excepte thaâ— it be agaynst the peas .xviij. E. iii. statut ii ca. v. Exspences of knyghtes ¶ Landes purcheysed by lordes of the parlyament shal be contributorye to the exspences oâ— knyghtes as they were before the purcheys xii R. ii Capitulo .xii. ¶ The sheryf at the next couÌ„te holden after the delyuâ—rauÌ„ce of the wryt to him for the eleccion of the knyghtê shal make proclamacyoÌ„ that the coroners constables and baylyffes of euery hundred be at the nâ—xt couÌ„te to assesse the wagê of the knyghtê and that the sheryf vndersheryf coroner or baylyffes for the tyme beinge be there vppon payne of .xl. s. At whiche â—yme the Sheryf in the preseÌ„s of them and the â—ew tours of the counte shall assesse euery hundred to a certeine suÌ„me and than they must cesse euery towne within the hundred so that the summe in euery towne amount in all to the hole summe of the hundred and nâ—t aboue And if the Sheryf leue more he shall forfeyt to the kynge euery tyme xx.li and .x li. to the parte that wyll sue by Scire facias and if he make defaut or be ê¯â—uyct the parte shall recouer xx.li for the kyng and x.li for hymself and treble damage The .xxiii. H. vi ca. xi Exposicion of old wordis ¶ Sok â— that is suyt of men in your court after the costome of the realme Sak that is plee and amendis of trespas of men in your court ¶ Toll that is that you and your men of your homage shal be quit of all maner toll in all mercettis of thyngis to be bought or sold. ¶ Thom that is that he shall haue the hole generacion of your villeyns with theyr suytê and catellis wherso euer they be found in englond except that if any bondman haue dwellyd in â— priuilegyd town by a yere and a day quietely so that he be fouÌ„d as one of them in theyr commynalte or gyld theriÌ„ he is delyueryd of his vâ—â—lyâ—age ¶ Infang theff that is that theffê take in your lordship or â—ee of thefft conuict in your court shal be iuggyd ¶ Hanghwyte that is to be quit of the hangyng of a theff without iugement or of skapâ—g owt of ward ¶ â—wt fang theff that is that theffys of your land or of your see takyn without your land or without your fee wyth theft shal be retornyd a gayn and there iuggyd ¶ Home sokyn that is to be quyt of amercâ—meÌ„â—s of violent entre in to housys without lycence and agayns the kyngys peace and that ye shall hold plees of the same trespassis don in your court and in your land ¶ Grythbreche that is the kingis peas brokin ¶ Blodwyte that is to be quite of amercementis of blode shed and that plees shal be hold in â—our court and that ye shall haue the mercemeÌ„tis therof commyng for wyte englyssh is mercement in latâ—n ¶ Flytwyte that is to be quite of couencions and dispytes and that he haue the plâ—e therof in your court and the amercymentis ¶ Fledwyte that is to be quid of amerciamentis when any man vtlawid fleyth and commith to the kyngis peace frely or by lycence ¶ Flemyne swyte that is that ye shall haue the catell and amercyamentis of your meÌ„ that flee ¶ Letherwyte that is that ye shall take amendis of him that coruptith your nature without your lycence ¶ Chydwit that is that ye shall take ameÌ„dê of your nature corupt got with chyld without your lycence ¶ Forstall â—hat is to be quit of amercymentis â— cattellys a restyd within your land and amercyamentis therof commyng ¶ Scot that is to be quit of a certeyn costomâ— as of comyn tallage made to the vse of the shyryf or his baylyffis ¶ Belte that is to be quit of bound custome whych sometyme where wont to be giffin as hornegeld and such other ¶ Hidage that is to be quit yf the kyng tax all his land by hidys Caruage that is to be quit yf the kyng tax his land by acres ¶ Dangelt that is to be quit of a certeyn custome that rennyth some tyme whych the danys dyd leuâ—y in englond ¶ Hornegelt that is to be quyt of a certeyn costome exact by tallage by the hole laÌ„d as of euery best that is hornyd ¶ Lastage that is to be quit of a certeyn costome exact in feyrê and merkettis for thyngis tobe caryed whether a man wyll ¶ Stalage that is to be quit of a certeyn coâ—â—ome exact for a place takyn or assignyd in feyrê mercettis ¶ Shewing that is to be quid of attachment i◠〈◊〉 court or before who soeuer of quarrellê sheâ—wd not aduowyd ¶ Mishâ—rsyng that is to be quit of amercymeÌ„â—is prouid in the transompt before who so euer ¶ Burghbrech to be quyd of trespassis doâ— iâ—â—yte or borough agains the peâ—ce ¶ wardwytâ— that is to be quit of gyffiÌ„g of moâ—ey for wardis to be made ¶ Hundred that is to be quyt of gyffing of moâ—ey or customis to be don to prouostis and hunâ—redars ¶ Brode halpeni that is to be quit of a certein oftome exact for tabuls leuâ—yd ¶ Bâ—rghbote that is to be quit of gyffyn ayde â— makyng a borogh castâ—ll Cyte or throyng own of wallis â—Auerpeny that is to be quit of dyuers moâ—y for the auerage of the kyng â—ractaf de exoposition bus vocabulorum Extorcion ¶ No shyryf coroner nor other of the kyngis ministers take no alowaunce to do hys offyce but they shal be payd of that that they take of the kyng w. i. C. xxvi ¶ Because that people compleyn that seriauntis criours of fee and mershallys wrougfulli take money of them that recouer theyrÌ„ quarellis or recouer seisyn of land and of fyne leueyd of other attachementis in the plees of the coron that thei ought not to do and that ther be more gret nomber of them thaÌ„ owght to be the king defendyth that these thyngis from hens forth
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 gremeÌ„t be of record xi Hen. vi capitulo .xx. ¶ Dedê of gyft of goodê or catellê made to any man to the vse of the grauÌ„tour be voyd .iii. h. vii ca. iiii ¶ Loke in the tytle of vyllynage that yf a feffâ—meÌ„t be made to the vse of a vyllayn that his lord may enter .xix. H. vii ca. xv ¶ Euery ê‘son to whose vse Empson dubley were seysed of landes or tenemeÌ„tes may entre make estate to otherê in fee to his vse as well vppon the possyssyoÌ„ of the kynge as vpoÌ„ the possessyon of any other also of such landes wherof any of theÌ„ were seysyd ioyntly with other that the other theyr heyres shal be seysyd to suche intent as they were with Empson dudley notwithstaÌ„dynge theyr atteiÌ„der pmo h. vii ca. xiiii ¶ yt is a greyd that no man shall take fesauÌ„tes nor ê‘triches with nettes or other ingines iÌ„ any others lande vpoÌ„ payn of x.li the one halfe ther of to the possessour of the land â— 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 waâ—er of lawe shall lye .xix. Hen. vii Capitulo .xi. Felony ¶ None froÌ„ hens forth that breketh any prison shalâ— haue iugemeÌ„t to dye for that only brekyng except the cause wherfore he was iÌ„prisoned reqÌ„re the same iugemeÌ„t though in times past it hath be otherwyse vsedâ— statut de psonaÌ„ fraÌ„geÌ„t MultiplicacioÌ„ of money is made felony .v. h. iiii c. iiii ¶ Cuttynge of â—onges puttyngeâ— out of eyes of malyce pÌ„pensed is made felony .v. h. iiii ca. v. ¶ wher before this dyuers women hauiÌ„ge substans in mouable goodes or in landê or that be heyrê apparaÌ„tes to theyr auÌ„cestours be oftymê takeÌ„ away by misdoers agayns theyr wyllê and after be maryed to suche mysdoers or to other by theyr assent or elles defoylyd to the grete dyspleasure to god dysê‘gement of the women c. it is ordeyned therfore that suche takynge be felony and that suche mysdoers takers ê“curatours 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 puruâ—yours faucoÌ„ rape recordes money hunters and in iustyce of the one bench other .vi. h. viii ca. vi Fermes ¶ Hundredê wapentakê shal not be let aboue â—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 vâ—timo ¶ The next of the kin to whoÌ„ the heritage may not disceÌ„d shal be pÌ„ferred to the fermê of tenauÌ„tê in the kyngê ward without fraude fyndiÌ„ge suerte to yelde to the kiÌ„ge c. .xiiii. E. iii. ca. xii ¶ The chapters shal be perferred to the fermê of bysshoprykê abbais other possessyons of holy church the chauÌ„celour the tresourer haue power to let such fermê for euer yeldyng the value by the yere or bi the monethe .xiiii. Ed. iii. pro clerâ— capi iii. ¶ No landê nor tenemeÌ„tê seysed in the kynges handê vpon enquest taken before exchetours or coÌ„missioners be let to ferme but shall abyde iÌ„ the kâ—gis haÌ„des till the same questê be retorned iÌ„ the chauÌ„cery or in the escheker by one moneth after the same retorne except they that be greuyd put out by â—uil iÌ„questes of theyr laÌ„des tenementis come in to the chauncery and profer them selfe to trauers the same inquest And to take the same landes and tenementes of fâ—rme then they shall be commytted to them yf they shewe by good euydence prouynge theyr trauers to be tâ—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 fouÌ„de for the kynge and yf any pateÌ„t 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 chauÌ„cery within thre monythes next aft the same offyce put in to the chauÌ„cery or escheker that theÌ„ by the same chauÌ„celour he shal be admytted that all other patens grauÌ„tê hâ—reafter to be made therof with in the .iii. monethes ended be voyd notwithstaÌ„dinge the sayd statut of aÌ„no 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. viâ— 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 iÌ„ the yere of our lord M. CCCC.lxxxx And they that haue payd fynes for theyr furst lessis to be alowyd and this alowauâ—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 câ—teâ—a ideo vide w. ii cap. xliiij Fynes ¶ At the coÌ„miÌ„ 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 plaiÌ„tyffê demaÌ„dauÌ„tis theyr auÌ„cestours of the tenemeÌ„tê ê¯teynyd in the fine or any ê‘te of them were alwey seysyd c. yt is ordeynyd that the seyd excepciâ—s or ansuers no wyse agaynâ—t the seyd recognusanÌ„ce fines
kiÌ„ge more fee if he may shew he haue right theâ— to The kynges chaÌ„berleyns shall haue of archâ—bysshopes bysshopê abbottê priors other spirituall men holdynge a hole baronye a reasonable fyne wheÌ„ they do homage or fealte of ê‘te of a baronye after the porcyon other abbottes priors seculars not holdynge by a baronye or ê‘t of a baronye shall not be dystreyned to make fyne but the chamberlayens shall be ê¯tent with the vtter garment or with the pryce therof w. ii Capitulo .xlii. ¶ Of theÌ„ that make homage in the bench they shal be ê¯tent with the vtter garmeÌ„t that is vnderstand the vsshers and offycers of the place w. ii Capitulo .xlvi. ¶ yf the heritage descende to systers that is holde of the kynge in cheffe all shall do homage to the kynge â— and yf it be holde of a nother lorde the elder shall do homage for all the other systers shal do seruyce to the lorde by the handê of the elder as it is rehersed in the statute of hybernÌ„ of coheyrê but it is no statute ¶ The tenauÌ„t shal hold his haÌ„dis betwene the handê of the lorde shall sey I become your maÌ„ froÌ„ this day forwarde shall bere you fayth and wordly honour of the lande that I clayme to holde of you sauynge the fayth that I owe to our souerayne lord the kyng a womaÌ„ sole shal sey I. make you homage aud shall bere you fayth from hens c. and if he hold of a nother lord by priorite he shall sey as before except the feyth that I. owe to the kinge and to my other lordis more auncyeÌ„t hospitallis ¶ The maister and bredern of the hospitall of seint leonard in york shall haue an accioÌ„ of det and detinew of their thrauys that is to sey of euery plow land within certein countis a thrâ—re .ii. h. vi Cap. ii hundredê ¶ Hunderydis and wapeÌ„takkis let to ferme bi the kyng taxid of old to the fermys of the couÌ„tes shal be ioynyd agayn to the countes and not seueryd here after .ii. E. iii. Cap. xii hunters ¶ No ley man that hath no landes or tenemetis to the value of .xl. â— bi yere nor no prest noâ— other clerk except he be auauÌ„ced and may dispeÌ„de x.li by yere shall haue nor kepe no greyhouÌ„des nor other houndes to hunte nor kepe no syrrettes hayes nettes harepypes cordes nor noo other ingynes to take or to dystroye dere hares nor conyes nor other game vpon payn of inprysonement of a yere And the iustice of peas shal haue power to inquere of them and ponysshe them by the sayd payne The .xiii. R. ij ca. xiij ¶ Iustyce of peas or the kynges counsell haue power vppon informacyon to them made to awarde their warant to the sheryffe or other offycer agaynst hunters by nyght or with vysers or faces paynted or otherwyseâ— dysgysed to the entent that they wolde not be knowen and to cause them to come before theÌ„ and they to examyne them and yf they counseyl the sayd huntynge of any other persone that was with themâ— defectyfe that this councelyment shal be felonye and yf the sayd hunters confesse the trouth than it shal be but trespas agayns the kynge and fynable by the iustyce of peas to be assessyd at theyr next sessyons And yf any rescous be made by them in execucion of the precept to any person that wyll execute the warrant so that execucion may not be done because of suche rescous than that rescous be felony inquirable and determina as is aforesayd and that ê‘sons so coÌ„uâ—cted of huntynge as is aforesayd shall haue suche ponysshement as they shulde haue had yf they were conuycted of felony The .i. h. vii ca. vii ¶ Loke more for hunters in the tytle of venery Husbandry ¶ Euery owner of any mese which within .iii. yers past hath beÌ„ or here after shal be let to ferme with .xx. acres of laÌ„d at the lest lyeÌ„g in tyllage husbandry shal be bouÌ„de to kepe and sustein the howsynge and buyldynge of the sameâ— conuenyently for the mayntenaunce of the husbandry tyllage and yf the owner occupye the mese laÌ„de in his owne handes he is bounde to susteyne it as is before sayd â— and yf any do the contrary it shal be lawful to the kynge or for the lordes of whom the lande is holden immedyately to take yerely the one halfe of the yssues and profettes of suche tenementes vntyll the howsynge be buylded agayne And that no person shal haâ—e any â—re holde in the lande by takynge of the sayd profettes but only the kynge but than it shal be lawfull for them to dystreine foâ— the yssues and profettes The .iiii. Hen. vii capitulo .xix. ¶ In all suche townes villages broughes and hamlettes tythyng houses or other iÌ„habitacioÌ„s wherof the moonst parte the fyrst day of this present parlyament was vsed in tylâ—age yf the owner after the sayd fyrst daye suffre them to decay to be torned in to pasture he shall agayn with in one yere after reedyfye the same mete for people to dwell in as they were the said fyrste day and if any do it not within one yere space thaÌ„ it shal be lefull to the kynge or to the lordes of the fee to do as is before rehersed in the statute of .iiii. H. vij capitulo .xix. ¶ And yf the lordes immediate execute not the pÌ„mysses thaÌ„ the lordes nexte aboue immediate within halfe yere after to take the aduauntage therof .viii. Hen. viii capitulo primo ¶ Prouyded that this acte extend nat to parkê to be made for dere or for the inclosynge of any marsche grounde Idemptitate noiÌ„s ¶ He that suith a wryt of ideÌ„ptitate noiÌ„s wher his landes goodes be seysed by the eschetoure or other minister for cause of vtlary of a nother person by suche a surname shal fynde suerte that the kynge shall haue the same goodes in case that he can not dyscharge hym selfe And he shall haue his goodes hengynge the suyte and yf the eschetour c. refuse suche suerte he shall yelde doble damage to the parte and also shal be ponysshed greuously agayns the kynge serche yf he be vtlawed of felonye .xxxvii. E. iii. ca. ii ¶ Executours of men outlawed shall haue a wâ—yt of idemptitate noiÌ„s where theyr testatour hâ—d the same name as he that was outlawed .ix Henry .vi. Capitulo .iiii. yssues ¶ ReÌ„tê corne in the graiÌ„gis â— all goodes mouable except rydyng gere houshold stuffe be ê¯teyned vnder the name of yssues w. ii ca. xxix ¶ After the attachement witnessed the distres shal be a warded and yf the sheryffe retorne that he hath made execucion that he hath taken the issues to the maympÌ„nours he that is attached coÌ„myth not the kynge shall haue the issues it shal be coÌ„mauÌ„ded to the sheryffe that he shall make the issuis to be brought before the iustice and the kynges iustyce shall
rate And from the myddes of Septembre to marche to be at theyr worke in the sprynge of the daye and departe not tyll nyght and that they slepe not by day but from the myddes of May to the myddes of August Also yf any artyfycer or labourer make any assaute or assymble to hurte any men that wyll couÌ„troll them here in to haue a yeres prysonement without bayl or maimpÌ„se and to fyne at the kynges wyll This acte to be proclaymed in euery good towne and boroughe ¶ Prouyded that this act extend not to mynours dyggers forsee cole or making of glasse nor for fynours workers labourers for tynne lede yron or syluer The .vi. H. viii ca iii. ¶ Also al artyficers labourers in london may take as they were wonte to do except they worke in the kinges workê or out of the lybertes of the cyte and that the penalte coÌ„prised in the said formÌ„ actes in the .vi. of h. viii vii of h. viii exteÌ„de but to the taker onely The vii h. viii ca. vi ¶ Other old actes were made consernynge labourers and artyfycers some in the tâ—me of kynge Edwarde the thyrde and in other kynges dayes after wheÌ„ xx.d made an ounce of troye weyght and at those dayes the maister carpenteres thakkers and playsterers toke but iij.d a dayes founde them selfe for then they had as moche vytell for a peny as nowe for ii d and yet all is one in effecte for a peny at those dayes weyed two pens of the money that nowe is for nowe thre shelynges and foure pens goth to the oâ—â—ce And yet they gafe as moche syluer at that tyme for a dayes worke as they do now at this daye Therfore all the sayd old statutes stand in lytell effect because the coyne is mynysshed chauÌ„ged Lancastre ¶ A man outlawed or put in exigent in laÌ„castre shal forfeyte no landes nor tenememtes in other countes .xviii. Hen. vi capitulo .xiii. ¶ No forayne shal be maryed within the couÌ„te of laÌ„castre except the iÌ„ditours may disped C. s. within the same couÌ„te .xxxiii. h. vi Ca. vi Legacyes ¶ wydowes may beqÌ„th their corâ—e as wel growyng on their dowres as on their other landes mertonâ— Capitulo .ii. Letters patens ¶ If any maÌ„ make any suit to the kyng for any lande offyce or other thynge grauâ—ted by the kyng to any other durynge the kynges pleasure the ê‘son to whom it was grauÌ„ted be alyue at the tyme of the suet made that thaÌ„ he do expresse in his byll of petycyon or patent the tenour of the sayd former patent that the kynge hath determyned his pleasure agaiÌ„st the first patente or elles the seconde letters patentes of the premysses to be voyde The .vi. Henry .viii. cap. xv ¶ Loke more for this in the tytle of forfeytours and patentes Letters of marke◠¶ Letters of marke is grounded vppon the statute of magna carta Capitulo .xxx. ¶ Loke more for them in the tytle mark Libell ¶ The copye of the libell shal be delyuered to the deff in the spyrytuall court with out dyffyculte to the entent he may sue a prohibicion yf â—â—de requyre .ii. Hen v. ca. iii. ¶ No lycence shal be grauÌ„ted whiche shall be pÌ„iudycyall to the realmâ— the staple sauynge to the kyng auctoryte to modefy the statute by the aduyse of his couÌ„seyll and sauynge to the marchauÌ„tê of geane venys tuskayn â— lomberdye â—lorence and catelyn to the burgeys of berwyk theyrÌ„ lybertes .xiiii Hen. vi Cap. ii ¶ All placardes made by the kynge to shote in crosbowes or hande gones be voyde The .xv. Henry .viii. ca. vii Limitacion ¶ In the declaracyon of a dystent in a wryght of ryght none shall demauÌ„de of the seâ—syn of his auÌ„ceâ—tours of lenger tyme thaÌ„ of kyng R. the .i. and that wrytes of nouell dissâ—â—syn of purê‘tye called nuê‘ obâ—t shal haue the tyme after the passage of kynge henry the thyrde in to gascoyne that the wrytes of mordauncestre Cosynage ayle basâ—yle and wrytes of nieff shall haue the terme of coronement of the same Henry and not before w. i. ca. xxxviii Se the statute of merton that speketh of the same matterâ— ca. vii Liuerey of landê◠¶ yf the eschetour sease laÌ„dê in to the kyngê haÌ„des after by inqisicion fouÌ„d before hym it is fouÌ„de not holden of the kynge that than a wrytsh all go to the eschetour to take it out of his haÌ„dê to deliuer it to him to whoÌ„ it shuld come with the yssues and ê“fettê that he hath receyued c And if it be after fouÌ„d for the kyng of record in any court thaÌ„ the sheryffe shal not yet seise the laÌ„de again tyll the tenauÌ„t of the land be warned by scire fac if he come not or come can not distroye the kyngê tytle the kynge shall than sease it agayn he shal be answered of the ê“fettes the meane whyle not withstandynge c. statuâ— lincolnÌ„ .xxix. Ed. primi ¶ yf landê be seised in to the kyngê handes and after of the kyngê handê put out because he had no cause to seise theÌ„ the issues shal be holy rendred to hym that had the damage articli super Cart. Capitulo .xx ¶ Euery eschetour minister whiche seiseth to the kyngê vse any cites maners borowes townê huÌ„dredes or fraunchesles wherof ê“fettê come as from tyme to tyme all the yere longe as mylles her bage toll proffettes of courtes and other suche shall aâ—swere to the kynge after the rate according to the old course of the eschekir xxviii E. iii. Capitulo .iiii. ¶ All women beyng of the age of .xiiii. yere at the deth of theyr auÌ„cestour whych hyld of the kyng shall haue lyuery of theyr landis out of the kyngis handis mayntenant .xxxix. henry .vi. Capitulo vltimo Lyuerey de companye ¶ NoÌ„ shall haue lyuery of a suite for maintenaunce and the iustice of assise shall inquere therof and of fraternites by such lyueres for mayntenaunce or confederecye .i. R. ii Cap. vii ¶ Non lesse thaÌ„ a esquire shall vse liuerey of coÌ„pany of any lord except he be coÌ„tinually famy lyer iÌ„ office wyth the same lord iustice of peace shall ponyssh them .xx. R. ii Cap. ii ¶ No lorde shall gyue lyuere of company to no knyght esquier nor yoman saue oonly that the kynge shall gyue his honourable lyuere to his lordes temporall which shall please hym to his knyghtis and esquyers mannelâ— and to his knyghtis esquyers takyng fâ—e of hym for terme of lyfe and that such knightis esquiers were nat theyr lyuere in the countre but in the the kyngis pâ—esens And he that dothe contrary shall make fyne to the kynge And raunsome And the knyghtis and esquyers shall lose their lyuere and theyr fâ—e or euer and that none take lyuere of the kyng nor other vppon payne of a fyne as is before sayd ¶ It is prouided that the coÌ„stable
shall chose whether she will haue that man that she furst maryed or an other that the kyng shall appoynt for her ca. vii ¶ Also non holdyng of the kyng in chief by knyghtes seruice may alyen part of his landê except of the resydew mai be made seruice c. wythout the kynges licence c. ca. viii It is sayd that he cannot alyen any ê‘ty without lycence c. the same law is though the land be hold in chife by socage as it is sayd ¶ Also of chirchis which be voyd of whoÌ„ the aduousons long to the king and other haue presentyd so that there is a contention betwene the king and other if the kyng by consideracion of the court hath recouÌ„id his presentacion though that the syx monythis be past no tyme â— shall roun whyle that neuer thelas the king diâ— present within the sayd tyme of syx monythis ca. ix ¶ Also the king shall haue the custodi of al natral folys taking the ê“fettes of theyr landê wyth out wast of whose fee so euer it be and after the deth of them shall yeld it to the next heyres so that by the same folys the landê no wise shal be alyenyd ca. x. ¶ Also he shall ê“uyd of the landê of them that be lunatyk c that they may be kept wythout wast so that he and his household may be conpeteÌ„tly susteynyd and the resydew shal be kept to they re vsis when they come to good memory and wythin the seyd tyme it shall not be sold yf they dye in such estate thaÌ„ the residew therof shal be discributyd for the soulys of them by the counsell of the ordinarye ca. xi ¶ Also he shall haue wrek of the â—ee thorow out all the reame and whallys and sâ—â—rgeons takyn in the see or in elles where wythin engâ—lond exceptâ— in placys preuylegyd by the kyng capitulo .xii ¶ Also he shall haue eschetys of landes of normans of what fe so euer they be sauyng the seruis that ê‘teiiÌ„th to the lordê of the fee cxiii this word eschete is intendyd as well of landes for faite bi porchase as of the landê of any of them ¶ yf the kyngê tennant dyâ— his heyre entre wythout sewyng lyueÌ„ c. ther is no fre hold growyn vnto hym and yf he dyeseysyd by the same tyme his wyfe shall haue no douer of the free hold c. but that is not vnderstaÌ„d of socage and of small tenuris c.xiiii ¶ also he shal haue eschetê of the laÌ„dê of freholders of archebysshopis byssoppis when theyr tenanntê be coÌ„dempnyd for felonye don in the tyme of vacacon whyle theyr teÌ„ê‘altes were in the kynges handes to gyf it to whom that he wyll for euÌ„ sauyng the seruyce which to the sayd plates therof belongyth hath be wont be don c. .xv. yf the kyng graunt a maner or laÌ„d with the puâ—tenuÌ„ces the knyghtê fees the aduousones of churchis with theyr gyftes shall not pass except that expres mencyon of theÌ„ be made .c.xvi. ¶ Also he shall haue the goodes of felonê coÌ„dempnyd and fugytyue wher so euer they be found and yf they haue landes holdyn of other men the kyng shall haue the yere dâ—y the wast â— c. â— thaÌ„ they shall be deluÌ„ed to the lordê c ca vâ—timo ¶ yf any man hold of any eschete as of the ho +nour of walliÌ„gford c his heires shall giff no nother releue nor other seruice than he shuld do to a baron yf it were in a baron his handes magna carta cxxxi pÌ„senteinent ¶ The kyng shall take no tytleÌ„ of presentacion to no benefyê iÌ„ an other his right of no tyme of his ê“genitours nor non that the pÌ„larê noâ— iuggis shall do execucioÌ„ therof sauyng to the kyng and his ê“genitors pÌ„sentmeÌ„tê in others ryght in hys own tyme .xxv. E. iii. statnto dâ— clero c.i. ¶ Before that the kyng make collac or presenmeÌ„t iÌ„ a nothyr his ryght The title shal be well examynyd if it be found nor trew the sayd collacion or pÌ„sentmeÌ„t shal be repellyd and the patron or the clerk shall haue possession and as many wryttes of the chauncery as he wyll .xxv E iii. Statut de clero ¶ The persente of the kyng shall not be admyttyd to the church that is full of an encombent tyl the kyng hath recouÌ„yd his presentacoÌ„n by ê“ces of the law .x. R. ii C. primo The encoÌ„beÌ„t so put out shall coÌ„meÌ„ce his suite when he wyll .iiii. h. iiii ca. xx pÌ„orite Loke for priorite in the tytle wardê w .ii. C xvii ê“ces ¶ SomoÌ„uis and attachmeÌ„tê in ple of land shall coteyn the space of xv days at the lest after the coÌ„myn law yf he be not attachyd in assise in the presens of the kyng or in ê‘le before the iustyâ—â— In eyre c. articuli super cartas ca. xv and for that cause in the kynges bench they makcattachemeÌ„tes iÌ„ viii days or more or lesse that is by this statut ¶ They that be appellid by ê“uours before the iustyce of geale deâ—yuÌ„e shal be put in the geale wythin the same counte where they dwell and yf they put them on the contrey they shall send to the shyryf where the felony was to make the Iurre to appere statut de appellatis .xxviii. E. primi ¶ Iustyce of peas or other determyner shall send capias for them that be indyted of felonye and an alias and in that shall be expressyd that the shiriff shall seise all his goodê saueâ—â— to kepe yf he than retorn a nichill than an exigent xxv E. iii. de ê“uic C. xiiii ¶ yf the baylyffes that shuld accompt haue no thyng to be dystreynyd the parte shall haue attachement for his body mÌ„lebryg C. xxxiii and ê“ces of â—tlary is gyuin iÌ„ the same accion w. ii C xi ¶ ê“ces of vtlary is gyfâ—yn in dett detinue and takyng of bestê as well as in accompt xxv E. iii de ê“uic C. xvii Utlary of felony and treasondon by men of tyndall and examshyre shal be made at the commyn law and excutyd in the same fraunches by the mynysters of the same fraunches .ii. h. v.c.vii. And lyke remedy is giffin for meÌ„ of ryddesda e for felony and treason .ix. h. v.c.vii. ¶ vppon an endytement of treason or felony in the kynges bench wryttes of capias shal be dyrect as well to the shyryff where they were indited as to the shyryf where they be namyd coÌ„teynyng the space of vi wekes or more by the discression of the iuggys or elles the exigent vtlary thyâ—ruppon is voyd to indure at the kynges wyll .vi. h. vi ca. primo loke for a lyke ordynauÌ„ce made for inditemeÌ„s appellys takyn in the connte of chester .vii. hâ— vi C. x. And also a lyke order for inditmentê and appelles remouyd in to the kynges bench .x. h. vi câ—vi loke iÌ„ the tytle laborers that a capias shal be awardyd agayns the
occupyed or put suche bullys before purchesyd in execucyon proces shall be made agayâ—st theÌ„ by priminire fac by garnysshment or warnynge of .ii. monethes yf they make defaute or be attaynt they shall reÌ„ne in to the payn forfeytour coÌ„teined iÌ„ the statute oâ— ê“uisours made the .xiii. R. ij and .ii. H. iiij ca. iiii ¶ He yâ— purchasyth or putteth iÌ„ execucion any bulle purchesyd after the fyrst yere of Rychard the seconde to be quyte of dysmys shall be punisshed in lyke maner The .vii. H. iiij ca. iiij ¶ Lycence of pardon made by the kyng of prouysyoÌ„ to a benefyce ful with an incoÌ„bent is voyde The .vij. H. iiii ca. vi ¶ All the statutes of prouisours made in the tyme of kynge E. iij. and. R. ij shall be kepte in alâ— poyntê nat withstandinge any moderacyon made by the kynge The .ix. H. iiij ca. vltimo Purueiours ¶ None shal take horsis or cart of any man for caryage to be made but yf he gyue after tâ—e olâ— ordinauÌ„ce that is to sey for a cart with two horses .x. pennys by the day and for a carte with .iii. horses .xiiij. pennys by a daye no lordes carte of any spyrytuall person or of a knyght or of any other lorde shall be takyn by the kynges baylyffê magna carta C. xxi No coÌ„stable or his baylyff shall take corne or other catell of any man that is not of the same town wher the castell is excepte he pay redy money And yf he be of the same town he shall pay it within .xl. dayes after Magna carta .c.xix. ¶ None take vitayl nor charret agaynste the wyll of the owner and yf they do they shal yâ—lde dowble domages wemynster .i. ca. ii And yf the parte sewe not the kynge shall haue the swete they yâ— shall be indyted there of shal be be attachid dystreinid by grauÌ„de dystresse that coÌ„teineth the space of .ii. moneths iÌ„ the kiÌ„gê court or wher hym lyst and yf he come not by the day thaÌ„ he shal be agayne distreyned by the space of vi wekes And yf they come not than they shal be atteynt shall yelde dowble domages to the partes greuyd and make fyne to the kynge ¶ Of them that take vitayles or other thynges to the kynges vse to the makynge or kepynge of a castell or other And whan they haue receuyd the paiment at the Escheker or at the warderoâ— or els wher and with holde the payment of the credytours to the great domage of them and to the sâ—lander of the kyng it is prouyded that of them that haue landes and tenementes it shal be leuyed of theyr landes and goodes and payd to the credytours with theyr domages they shall make fyne to the trespasse and yf they haue no landes and tenementes they shal be imprysoned at the kyngê wyl Of theÌ„ that take reward of the kyngê credytours to make the kynges payment they shall yeld dowble and be punysshed at the kynges pleasure vestmÌ„ i. ca. xxxii ¶ Of them that take horse or cartê for the kingê caryage more than nede is take reward to releue theÌ„ if he be of the court he shal be punisshed by the marchall and yf he be out of the court he â—hall yelde treble domagê and be imprysoned .xl. dayes vestmÌ„ i. ca. xxxvi ¶ That no puruey our take any thynge of any â—or make ther of no price without his agrement and that he take corne by coÌ„myn mesure nor taâ—e no thinge but to the very value set by the coÌ„â—tabels or other good men And that paymeÌ„t be â—ade therof before the kyng passe out of the verâ—e that none haue no purueyours excepte the â—inge the quene or theyr chyldren nor that they â—ake no more than nede is And that the kynges â—uruey our take no thinge tyll he shewe his warâ—eÌ„t vnder the kyngê seale he that otherwise taâ—eth any pryse of any man without his agremeÌ„t â—t shal be don to hym as to a thefe yf the quanty â—e of the goodes requyre it The â—iiij Edwardê â—ii capitulo .iii. ¶ where the kyngê horsys lye at lyueÌ„ iu the coÌ„â—ey there shal be for eueri hors a page And the â—eper shall haue a hakney aâ—d there shall be no â—o nor theyr wyues nor houÌ„dys at the charge â—f the contrey And that paâ—ment shall be made â—efore that they go out of the verge and yf ther â—e mo fonnde there they shall be sent to pryson thâ—r to byde at the kynges wyl And in thesame maner it shall be coÌ„maundyd to the shyryff that he make purueyaunce for the kynges houndê of the issues of his baylies wher they dwel so that the countrey be not chargid with them Aud he that is grâ—uyd in this case shal haue his recouer agaynste the shyryf .xiiij. E. iij. C. xviij The fees and goodê of holy chyrche be excepte in the commyssyons of purueyours .xiiij. E. iij. pro clero C. i. xxviij E. iij. pro clero Ca iiij ¶ The purueyours of the kyng quene theyr chyldren shall make theyr pryse by the coÌ„stable and .iiij. honest men of the townes with out manace or coÌ„pulsyon to the preysers to set any pse contrary to theyr othes And tayles to be made incontynent and insealed of the agremente c. iâ— theyr pseÌ„ce And yf the purueiour do otherwise he shal be incontinent arestid there brought to the next geale and it shal be done to hym as to â— these And this payne shal be expressid iÌ„ their coÌ„myssyons vnder the kynges seale The .v. E. iii. ca. ii and this same clause is enacted The .xx. â— iii. statut de ê“uis capitulo .i. ¶ The fees and goodes of the church shal be â—â—â—cept in the coÌ„myssions of the purueyours The .xiiii. E. iii. ê“clero ca. i. .xviii. E. iii. ca. iiii ¶ No purueyour of wod or tymbre to the kiÌ„gê vse cut any trees growynge in or about any maÌ„nes howse And if he do he shal yelde to the ê‘te treble domages and haue a yeres prysonment be foriudgyd his office The .xxv. E. iii. statut de prouys capitulo .vi. ¶ Purueyours that take shepe after ester befor the sheryng mo thaÌ„ shal be for the. tyme expeÌ„dyâ— for the kynge it is felony and yf they take after warde mo than shall come to the kyngê vse it is also felony Thesame statut ca. xv ¶ Purueours that take puruyauuce for the kynge the quene or priÌ„ce with in the some of .xx. s. shall make paymente incontynente and if it be to the summe of .xx. s. or aboue payment shall be made within a quarter of a yere The .xxviii. statut vltimo capitulo xi◠¶ Of purueyours of pultry and small thynges paymeÌ„t shall be made in hande and of great purueyaunce within .vi. wekes The .xxxiiii. E. iii. capitulo .iii. ¶ None shal haue purueyours but the king the quene or paymente shal be made in hande after the price of the market and the byers
vltimo No proces shall be adnullyd or dyscontynewed for myspryson of the clarke in wrytynge a letteâ— or sylable to moch or to litel but as sone as theâ— thynge is perseyuyd it shall be hastly amendyâ— without gyuyng any aduauntage to the partyâ— A. xiiii E. iii. ca. vi ¶ If any iudge or clarke be conuyct before thâ— kyng his councell of fals entrynge of plees râ—â—synge of Rolys or chaungynge of the trew sayâ—enges so that by that defaut the disheÌ„heritaunâ—â— of any therof folowe so that the sewt yf the ê‘tyâ—â— gâ—â—uyd be of full age be with in two yeris aâ—â—ter the defaut done and yf he be within age wiâ—â— in two yeres after he come to full age he shaâ—â— be punysshed by fyne and redempcion at the kiâ—â—â—es pleasure shall satysfy the partye and as to â—â—e restytucyon of his herytage the parte greâ—yd shall sew by wryte of errour or otherwyse â—fter the law yf he thynke it expedyent a. viii R ii Ca. iiii ¶ Recordes shall not be ameÌ„dyd nor appayryd after the iugement gyuyn enrolled anno xi H â—â—ii ca iii◠¶ Recordes yâ— shall come before any iustyce by errour or adiourneyment may be amendyâ— for â—ysprysyon of the clarke As well afteâ— the â—â—gemâ—nt as afore to endure the next parlyameÌ„t 〈◊〉 ix h v ca iiii And the same statute is made ê‘â—â—tuall except recordes of walys and outlaryes â—t the sute of the partye A iiii h vi ca iii. ¶ It is accordyd that for errour assygnyd in aâ—â— recorde proces warrant of atourney orygyâ—all wrytte panell or retorne in places scrapyd â—â—cyd or interlyned or dymynycyon which Raâ—ure or interlynynge apperyth to the iustyce susâ—ectyd byfor yâ— such recorde shal com by errour â—r otherwise there shal be iugemeÌ„t reuersyd but â—â—e iustyce before whan c. shall haue power to â—â—amyn such recordes and theym reforme in â—â—fyrmynge of the fyrste Iugement And also to â—â—mend all suche as they in they re dyscrecyon â—hâ— thynke to mysprisyon of the clarke In such â—â—â—ner recordes proces wordes plees warraunt oâ— attourney wryttes pannellê and retornes excepâ— appells indytamentes and the vtlaryes of the â—â—â—me and the substaunce of propre mannys surâ—â—mys and addycyons enterlesse In writtys oriâ—â—â—nall and wryttê of exigentys accordyâ—ge to thâ— statute Anno. ii H. v. And iÌ„ other writys whicâ— conteyne proclamacion so that no iugement bâ—â—fore suche mysprysyon reuersyd nor adnullyâ— in affyrmans of suche iugementes the party shâ— alledge that the record which is certyfyed doâ—â—vary frome the tother recorde frome whensâ— comyth And yf it be certyfyed and the varyâ—â—â— frome the iugges shall reforme that recorde tâ— the fyrste recorde Also recordes exemplyfyed 〈◊〉 not rasyd shall not be reuersyd bylerrour contrâ—â—ry to the exeÌ„plyficacyon also he that imbecylyâ—â— any recorde wherfore the iugement is reuersyâ— shall be punyssed as a fellon c. by the iustices oâ— the same courte so that the halfe enquest be 〈◊〉 the same courte and the other halfe of the otheâ— Recordes beynge before any of the kinges iustâ—â—cys by errour or otherwise and retournes of tâ—â— shyrysâ—ê baylyffys and other mynysters in myâ—â—â—ysyon of they re clarkes in wrytynge of a lett 〈◊〉 moche or to lytell shall be amendyd by the dysâ—esyon of the iustyces A. viii H. vi ca. xv ¶ He that entryth plee by these woâ—dê in ê“pria ê‘sona sua the. pl. nor none other suffycyent of â—is couâ—sell Is not sworne before the iâ—stycâ—s â—â—at he is the same parson shall lese .xl. s. If he 〈◊〉 therof attaynt by examynacyon of the iustyâ—ys c. anno .xviii. H. vi ca. ix ¶ It semyth by these wordê that this is not in â—â—â—dyd to be in suche sutê where proces of vtlaâ—y lyeth Redisseysin ¶ If a man recoâ—ere by assyse of nouell dysseyâ—yn and is put in possessyon by the shyryfe and â—â—â—er is put by hym agaynste whome he recoueâ—yd he shal haue a wryt of redysseysoÌ„ dyrecte to â—â—e shyryff and to the coroners that they by the fyrâ—â—e Iurours and other make tâ—erofe Inquysyâ—yon Lykewyse it is ordeyned of theym that haue â—â—couered theyr land by assiâ—e moâ—â—â—â—uncetoâ—r oâ— al theyr landes and tenementeâ— recoâ—eryd by â—â—syse or iurre in the kiÌ„ges courte yf they be after dysseased and redyssiÌ„n found he shall be coÌ„myttyd to pryson marten ca iii ¶ He that is put in pson for redyssiÌ„n shall not be delyuâ—red without specyal coÌ„mandement of the kynge And also make fyne with the kynâ—â— therfore and yf the shyryf do otherwyse he shâ—â— be amercyed marl ca viii In wryttê of reddissiÌ„n ther shal be iudgyd doâ—ble domages the dysseysours shall be Irrepâ—â—gyable by the comyn wryt and as in the statuâ—â— of marten It was prouyd the wryt for them yâ— were disseysyd after that they had recouerid by assise of nouell disseysyn mort dauncestour or by other iurry furthermore frome hens forthe that writ shall haue place for them that haue recoâ—â—red by defaut reddicyon or other wyse withoâ—â— recognicion of assise or iurry westmÌ„ ii E xxvi Relefe The heyre of an erle for the hole yerldom shâ—â—◠〈◊〉 for relefe after the veâ—â—â— of hiâ— auncestouâ—s C. li. The 〈◊〉 of a â—artoâ— for the hole barrony â— â—erkes the heyâ—e of a knyghte for the hole â—â—yghtes â—ee C. â— â—nd he that holdyth lesse shal â—ay after the rate magna cartâ— ca. ii ¶ If a man make 〈◊〉 by dede or by fyne of landes holden b◠〈…〉 or suffre any recouery agaynste hym to his vse for truste â—nd after dye his heyre shall pay Belefe yf he be 〈◊〉 full age A. iiii h. vii ca. xvii yf the â—enaunt in socage make â— feoâ—â—emeÌ„t to hiâ—â—â—n vse the lorde of whom iâ— is holâ—ynâ—â—ft the 〈◊〉 of his tenaunt where no 〈…〉 â—â—claryd 〈◊〉 haue the relyef and 〈◊〉 â—ll other â—ewtes as yf his â—enaunt had dyed seysyd .xix. h. vii Reasonable â—yd ¶ For resonâ—ble â—yd to make a 〈◊〉 â—night 〈◊〉 to marâ— hiâ— dowghâ— It is ordeynyâ—â—hat for thoâ—e knyghtes fee shall be gyuyn .xx. â— and of xx.l lande holden in soccage .xx. s. and of more â—ore and of leâ—â—e leâ—â—e 〈◊〉 the rate aâ—d it shâ—ll â—ot be leuyed foâ—â—he sonâ—â—â—yl the â—ge of xvâ— yere â—or for the doughter tyll the 〈◊〉 of vâ—â— yere and of that shall be mencyon mâ—de in the kyngê wrâ—â— formyd ther vpon when he wyl demaund it yf the father when â—he hath leuyed such ayd dye byfore he haue maryed his dought his executourâ— be bounde to the doughter of moche as he hath res for that ayd And the goodê of the father suffyce not therto his heyre is bounde to pay it to the doughter westm .ii. ca. xxxv ¶ Also reasonable â—yd to make the kyngê sonne knyghte or to mary his doughter shall be leuyd after the rate of the statute here made And not other wyse s. of euery fee holden of the kynge without mesue .xx. s. no more of euery xx.ll lande holden in socage
.xxxiii. h. vi C. ii ¶ An indytement in the torne takyn by them that may not dispend .xx. sâ— by yere of frehold or .xxvi. s. viii d of copy hold shal be voide .i. R. iii. Capitulo .iiii. And the baylyff that retornyth theÌ„ and the shyryff that putteth them in shall lose .xl. s. ¶ A wryt vppon the case and treble damage is gyffyn for hym that is indytyd in a foreyn counte agayns the procuratours .viii h. vi Ca. ix And see more therof in the tytle of proces ¶ No wryt shall go owt to the sheryf to take inditement .xxviii. E. iii. Capitulo .ix. Loke for indytemÌ„t iÌ„ the tytle iustice of the one bench and the other .vi. h. viii Capitulo .vi. Englyshyre ¶ Englisshyre presentmeÌ„t of the same is put owt .xiiij. E. iii. Capitulo iiiâ— Englond ¶ Englond shall neuer be subiect nor obedieÌ„t to the reame of fraunce nor to no kyng of englond as kyng of fraunce .xiiii. E. iii. Stat. ê‘se Englissâ—emen ¶ The kyngis chyldern born in engloÌ„d or owt of englond shal be inheritable c. And all childern whych for hens forth shal be born owt of the legeaunce of the kyng of whom the fader and moder at the tyme of the byrth be of the feyth and legeaunce of the king of engloÌ„d shall haue and inioy the same benefitis and aduauntage to haue inheritauÌ„ce within this same legeauÌ„ce as other heirs before seid in tyme to come so that the moders of the same infantm go o ouer the see by the assent and wyll of theyr husbandis And yf it be alegyd agayns any such born beyond the see that he is bastard en cas where the bysshop shuld haue knolege of the basterdie it shal be commauÌ„dyd to the bysshop to certefie to the kiÌ„gê court as it hath be of old tyme vsyd iÌ„ case of basterdye agayn theÌ„ which be born in englond .xxv. E. iii. Stat. ê‘se Enfans ¶ yf enfans wythin age â—e a way so they can not well sew theyr next fryndis shal be admyttyd to sew for them w. ii Capitulo .xv. Entre ¶ yf so many alienacions be made that a man can not haue his wryt of entre with in the degres he shall haue a wryt of eÌ„tre iÌ„ the post merlebrÌ„ Capitulo .xxx. ¶ yf the tenaunt in dower alien in fee of for terme of anothers lyff he in the reuercion shall haue incontinent a wryt of entre s. A wryt callid in casu prouyso ¶ yf tenauÌ„t in dower tenauÌ„t by the cortesye or for tme of lif lose bi defaut or make ê¯fessioÌ„ he iÌ„ the reuercion shall haue a wryt of entrÌ„ after the deth of the seyd tenauntis in whych wryt the tenant shall haue his ryght c. w. ii C. iij. s. a wryt of entre ad communem legen Also if the tenant by the curtesy tenaunt for terme of lyffaleyn in fee or for terme of nothers lyffe he in the reuercion lyuyng the tenaunt by the cortesye or the tenaunt for terme of lyff shall haue a wryt of entre in casu consili c. but after the deth of the tenant by the curtesye tenaÌ„t in dower or tenant for terme of lyfe by this alyenacion made in their lifis he in the reuercyon shall haue a wryt of entre ad comuen legem distent of any landis and tenementis shall not be preiudiciall to any persoÌ„ beyng iÌ„ the warÌ„ of the kyng no more than the person had beÌ„ wyth in age .iij. h. viii Capitulo .iiij. Errour ¶ yf erour â—e in the eschekir the chauncellour and tresorer shall make the record to come before them in some chamber nygh the eschekir takyn to the iustyce other sage men c. they shall cause the barons to be callid to here the cause of their iugement and if defaut befound they shall cause the rollis to be correct amen did and to be send again to the eschekyr to do therof execution as it is conuenyeÌ„t .xxxi. E. iii. C. xii it semyth that this statute takyth no plâ—ce yf execucion be awardyd querÌ„ ¶ Errour before the steward and mershal shal be reuersyd in the kyngis bench .v. E. iii. Ca. ii A maÌ„ beyng seke ought to sue a wryt of errour by attorney in a especyall forme of record yf the iuâ—tice see the person .vii. h iiij Cap. xiii ¶ Se in the tytle of attaynt that he in the râ—â—euercion shall haue an attaint or errour and so his heyre shall haue vppon a iugement gyffyn â—gayns his tenaunt for terme of lyf .ix. Ri. ii Capitulo .iij. ¶ See the tytle damage how the deffend shall â—ecouer damage iiiâ— h. vij Cap. x. ¶ Loke more for errour in the title aâ—erment â—nd the title london Escape â— If any thynge be leuyd for the Escape â— any thefe or felon before that it be iuggyd before the Iustice in eyre he shal restore it to the ê‘te or to hym that payed it as moche as he toke and to the kynge asmoche westmÌ„ j. cap. vii ¶ The escapys of Felons and Clerkes coÌ„uici from hensâ—orth Iuggid before any Iustyce beleuyd from tyme to tyme by the vew of the sâ—me Iustyce The .xxi. E. iij. cap. xiiij ¶ If the warden of the Flete let a man condeÌ„pnâ—d goo by bayle or maymprise or baston yf he haue no commaundement by wryt he shall lose his offyce and if hâ— be attaynt therof by due proces the ê‘te shall haue his recouere agaynst hym by accion of dette The .i. R. ii ca xii Loke in the tytle of Sheryffis an accion of deâ— mayntenable against the Sheryf that suffred â—n escape of one that was in execucion The .xxiii. h. vi capitulo .x. Loke more for escape in the tytle of coroners Eschaunge ¶ the estreytê chauÌ„gid shal be put iÌ„ the eschekâ— by the chauÌ„cellour of eÌ„gloÌ„d froÌ„ .xv. days to .xv. the barons haue power to examâ—n the customers in this case to punissh theÌ„ that do contrary to this estatute .xi. h. iiij Cap. viii ¶ None take any thynge for to chaunge gold for syluer or contrary wyse vppon payne of forfeytour of the money so chaungyd but only the kinges eschaungeoursâ— The .xxv. E. iij. stat de ê“dic Capitulo .xii. ¶ None shall make eschaunge for payment beyonde the see without the kinges lycence vppon payne of forfeytour The .v. R. ii cap. ii ¶ The chaunge our shal be sworne and bouÌ„dâ— in the chauncery for to bye marchaundise of the lande to the velue the somme within .iij. monthes vpon payne of forfeytour The .xiiij. R. ij Capitulo .ij. ¶ Non shall make eschaunge wythoâ—t the kingê lyceÌ„ce and he that doth the coÌ„trary shall forfeyt the value therof and he that wyl sue by accyon of deâ— shall haue the one halfe and the kynge the other halfe wherin nother esson proteccyon nor wager of lawe shall lye The .iii. H viii capitulo .vi. ¶ None of this lande paye or gyue to any marchaunt straunger by way of
the iustyce shall put to his seale and yf the kynge cause the record to come before hym and the same excepcyon be not founde in the rolles and the playntyf shewe the same excepcyon wryten c. it shal be commaunded to the iustice that yf at a certeyne day c. and yf he can not a gayne say it they shall procede to iugement after that excepcion as it had ben alowed or dysalowed w. ii ca. xxxâ— serche yf the iustycâ— denye his scale how that shall be tryed c. ExcoÌ„mengement◠¶ wrytes were ordeyned to the bysshopes to a cursse all and euery of them perturbers of the peace of holy churche of the kynge felons maintenours of felons and conspyratours of felony false Iurrours takers and maynteâ—ers of false quarrelles euery sonday doble festes c. iÌ„ the cathedrall churche in euery colage parysshe churche to procede agaynst theÌ„ accordynge to the canoÌ„ lawes .ix. E. iii. ordinacio per se. Execucion ¶ yf a man recouer dette or damage it shal be in his eleccion to haue a fieri fac of his landes and catelles or that the sheryffe shall delyuer to him all the catell of the dettour excepte oxen and the bestes of his teme vntyll his dette be leueyd by a reasonable pÌ„ce and extente and yf he be put out he shall haue ass rediss w. ii Capi. xviii ¶ Of those thyâ—gâ—s that be recorde before the chauncelour Iustyce whiche haue a recorde in theyr rolles c. there shal be no proces made by somons attachement esson vew of the lande or other solempnytes of the court c. but yf the knowlege be newly done or yf a fyne be leueyd within a â—ere by wryte anon he shall haue a write of execucion c. and yf the recognicion or fyne haue be made of a lâ—nger tyme he shall haue a stirÌ„ fac yf he be warned come not he shall haue execucyoÌ„ iÌ„ the same maner it shall â—e coÌ„mauÌ„ded to the ordynary in his case obserued notwithstandynge that is a boue spoken of the meane which by recognysaunce or iugemeÌ„t is bounde to acquite w. ii Capitulo .xlv. ¶ The statute of acton bornell of merchauÌ„tes shall not be holden but be twene merchauÌ„t and merchaunte for merchaundyse betwene them made and that by the wytnes of .iiii. lawfull meÌ„ of theyr names entred in the recognisaunce and that no lande be put in execucyon but burgages and that they shall take suche recognisaunce at new castel york chestre nothyngham brystow suffolke lyncolne northfolke seynt botulphus in london cauÌ„torbury salysbury norwiche and no where elles In nouis ordinac vâ— E. iii. aâ—ter it is repelled the xv yere of the same king ¶ yf a man condempned at an others suyt in an other pryson than in the flete wyl knowlege by faynt cause hym selfe to be dettour to the kynge and therfore is adiuged to the pryson of the flete to haue greter suerte the recognisauÌ„s shal not be receyued but he shal be send to the pson where he was tyll the ê‘te be satysfyed and after he shal be sende to the prison of the flete for that recognisaunce .i. R. ii ca. xii ¶ A man shall haue execucyon of landes and goodes alyened by colucion by hym that fleyth to westmÌ„ or to another place preuileged .i. E. iii. Capitulo .vi. ¶ A man shall haue execucyon iâ— Englande of all recongnysaunces of dettes made at cales .x. Henry .vi. Capitulo .i. Loke for execucyon in statute merchaunte ¶ Execucion shal be made vppon any condempnacyon of statute merchaunt statute staple or recognysauns and delyuered to the parte of all suche landes and tenementes that any parsone or ê‘sones be sesid so it be to the vse of him agayns whome execucyon is suyd as yf the parte hym selfe had be soleseised to his own vse at the time of the recouere suyd and that euery such persoÌ„ agayns whom any such execucyon is suyd shal haue lyke aduauntage in the law agaynst hym that suid excucioÌ„ as yf he hym selfe had be seysed .xix. H. vii Capitulo .xv. Executours ¶ Executours froÌ„ hens forth shall haue a wâ—yt of accompte the same accion proces as the deed man shuld haue had yf he had lyued w. ii Capitulo .xxiii. ¶ Executours shall haue an accyon of trespas of goodes taken away in the lyfe of theyr testatour .iiii. E. ii Capitulo .iiii. ¶ In a wryte of dette agayns executours they shal not fourch by esson before apparauÌ„ce nor afterwarde so that they shall haue but one esson after as the testatour shuld haue had he that comethe furst by dystres shall answere c. And the iugement shall be of the goodes of the deed â—s yf all had appered .ix. E. iiiâ— ca. iii. ¶ Executours of executours shall haue an accyon of accompt of dette and of goodes taken away of the furst testatour and execucion of the statute merchaunt and reconisauÌ„ce made to the furst testatour as the furst testatour shulde haue had And that the same executours of executours shall answere as muche as they haue receyued of the furst testatour as the furst testatoure shulde yf he had ben alyue .xxv. Ed. iii. de prodic Capitulo .v. ¶ Executours shall haue a wryt out of the chauncery with .ii. proclamacions retournable iÌ„ the coÌ„myn place against the housholde seruauntes of the testatour that haue spoyled or eloyned the goodê after the deth of the testatour and yf the writ be retourned serued and the defendauÌ„tê make defaut they shal be attaynt of felony yf they appere they shal be coÌ„myt to prison there to tary at the dyscrecion of the iustyce tyll they haue answerde to the executours by byll or wryte of the furst takyng so that such accyons by sewed with effecte And they shall not go out of prison without fyndynge suerte to the executours by way of recognifaâ—ce to kepe theyr dayes in the court yf the gealour let them go without suerte c. he shall lose xl.li to the executours And no ê“teccion lieth in any accion taken vpon this statute The .xxxiii. H. vi Capitulo .i. Exempcion ¶ A charter of exempcion shall not be alowed in that that there be not I now suffycyent besyde hym that hath the charter as in the grete assyse attaynt and wryte of per aÌ„bulacion or yf thâ—â— be wytnes in the dâ—de c sauyng to hym alwey his lyberte c. merlebre ca. xxâ— Exemplificacion ¶ Exemplificacion of domysday by the which vyllaynes tenauÌ„tes in vylynage with sey theyr seruyce were declared for voyde in this parlyament and that lordes haue commyssyones to inquere of theÌ„ that purcheyse suche of theyr â—ydours to ponisshe iÌ„prisoâ— them without bail or maymprise tyll they be acquyt .i. R. ii ca. vi ¶ Exemplificacion of a dede in rolled brent in the tyme of iÌ„surreccyoÌ„ shaâ—be of the same effecte as the dede was .vi. R. ii ca. iiii
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 indytemeÌ„tis xxv E. iii. pro clero Capitulo vltimo ¶ Loke for extorcion in the title maintenaunce purueyours Faucon ¶ who so euer fynde any Faucon tarcâ—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 withiÌ„â—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 gentylmaÌ„ and of estate to haue a faucoÌ„ than the sheryf to deliuer hiÌ„ the faucon taking resonable cost of hym for the while that he kept it And if he that so hath takeÌ„ 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 â—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 hawkê Falsiugement ¶ Non but onely the kyng hold â—le of fals iugement gyffin in the court of his tenaunt MerlebrÌ„ Cap. xx Fealte ¶ when a free man shall do fealte he shall hold his right haÌ„d 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 tenâ—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 cetâ—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 handê tyll fyne be made The .ii. E. iii. Capi. xiii ¶ Marchauntes that sâ—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 fâ—â—stes And this prouysyon shall dure vnto the nexte parlâ—ament and so from thens forth excepte some reasonable cause be then alegged why this statute shulde not be expedient The .xxviii. HeÌ„ 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 wâ—ll sew can accyon of det shal recouer the one halfe to the kynge â— the other halfe to hym selfe wherin no wager of law shal lye The .iii. Hen. vi Capitulo .ix ¶ Loke for fayrÌ„ cour courtê in the tytle of pipouders Feffementes gyftê of trust◠¶ yt is ordeyned that euery estate gyft feffemeÌ„t â—â—les grauÌ„t lesse and confyrmacion made or to be made by any ê‘son of full age of hole mynde at large not in duresse of ani landê tenemetê rentis seruise inherititameÌ„tê wheof other be seysed to theyr vse that all recouers execucyous agains such persons made had be froÌ„ hensforth good effectuall agayns theÌ„ theyr heyrê 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 grauÌ„tÌ„ theyr heyrê sauyng to euery persoÌ„ sych ryght bi reasoÌ„ of ani gyft iÌ„ 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 fefâ—ement or gyft of goodes or ony dysseysour make feffement by fraude or mayntenauÌ„ce to grete meÌ„ such feffement or gyft shal be voyde the ê‘te shall recouer double damages .i. R. ii Capi. ix ¶ yt wasiÌ„acted 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 seysâ—d to the vse of her furst husbaÌ„d or his auÌ„cestours or suche landes wherof any other is seysed to his vse by the wyll of her furste husbande or any of his auncesttours oâ— 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 dyscoÌ„tynnuauÌ„ce 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
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 feloÌ„ 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 stewardê of letis shal iÌ„quyre c. the said maires baylyffes stewardes shall sende theyr preseÌ„tment before the iustice of peas and they shal make proses of vtlary and the sayd matters here determyn The .iiii. Henry .v. sta ê‘se ¶ Money shal be made at yorke or elles where and thes chauÌ„ge also by the discrecioÌ„ of the kynges counselours for the tyme beyng .i h. vi ca. i. ¶ None cary money out of the realme without the kingê lycence to no where but to caleis vpoÌ„ pain of forfetour except wagis for souldeours yet they shall haue lycence of the king mÌ„chauÌ„tis strauÌ„gers 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 ¶ ElaÌ„kes be voyded out of the realme nor thei shall not be take in paiment vpon the same payn that is reheâ—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 vpoÌ„ pain of doble damage to the ê‘te that the couÌ„troller and the assaier of the mynt be present whiche be coÌ„nig 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 facioÌ„ vppoÌ„ payn of forfeifour the double value of as myche so bought or sold against this ordinauÌ„ce that the one halfe be forfait to the king is vse the other half to his vse that wyl sewe therfore ê“ue the forfeitor ê“uided alway that thei that goo to the coynage mai haue take of the maisters of the same coyn after that as is laufully coÌ„teyned in the indentures bytwene the kyng and the maister therof made and also the maister oâ— 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 Caâ—pitulo .xx. ¶ All maner of gold of the coyne of a souereyn half souereyn ryal half ryal the .iiii ê‘te 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 grotê coined in this realme or in other laÌ„dê 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 kyngê coyne beyng siluer shal be currant in this realme excepte pens hauynge dyuers sporâ—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 theÌ„ 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 wardeÌ„ couÌ„trollers of the kyngê mynt shal serche se it be so made ê‘fite before it passe from the mynt vppon payn of forfeitour of their office to make fyne at the kyngê pleasure that no ê‘soÌ„ cary any bully on plate or coyne of gold or syluer in to yrlond aboue the soÌ„me of vi s. viii d nor coÌ„uey 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 iÌ„prisonment to make fyne at the kynges plesure and that euery man that can sease any suche yrisshe money abouâ— the some of .iii. s. iiii d and brynâ—e it to the kynges mynt shall haue the vaâ—e of the one halfe therof delyuered to hym aâ— the sayd tyme by the mayster of the sayd mynt The .xix. Hen. vii ca. v. ¶ Loke more for money in the tytle of eschauÌ„g 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 othâ—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 wherâ— 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 dâ—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
nor of the laÌ„d tyll that he hath takeÌ„ his homagâ— And when he coÌ„myth 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 laÌ„dys 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 streÌ„gth or maried with holdyn shall yelde the valew of the maryage and be imprysonyd yf the chylde be maryed And that is of the heire within .xiiii. yeres and yf the heire dasse .xiiii. yere and marye himselfe befor his full age withoute the lordys assent and the lorde tend hym mariage than the lorde shall holde his lande after the terme of his age vntyll he haue receyuyd the dowble valew of the maryage And yf the heyre wyll not mary he shal not be compellyd therto but whaÌ„ he coÌ„myth 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 dysê‘gid within .xiiii. yere the lord shal lose the warde at the sewte of the chyldes fryndys and all the ê“fet therof shal go to the vse of the heire but if he pas .xiiii. yere so that he may consent to maryage than there shal folow no payne Morton ca vi ¶ yf the tenaunt enfeffe his son heyre within age that shal not put the lord froÌ„ his ward c. if the tenauÌ„t 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 iugemeÌ„te shal haue a wryt of warde the colucyon shal betryed sauing alway to the feffes theyr accyon whan the heyre comyth to his age mÌ„lebryg ca. vi ¶ In a wryt yf ward of the def come not at the grauÌ„d dystres a wryt shal go forth dyuers times opynly red in the shyre yf he com not or the shiryf can not haue his body before the iustyce thaÌ„ he shal lose the possâ—ssyon of the ward sauynge to hym an other tyme his sccyon yf the wryt be brought agaynst the gardeyn ê‘ cause de gard the comyn law shal renne Merlebryg ca. vii The warden shal recouer the double valew of the maryage of the heyrys maryed without consent of their gardein after the age of .xiiii. yere after the statute of morton and forthermore they shal haue susteyned the mariage shal yeld the valew of the maryage to the gardeyn for the trespasse Of the heyrys femalys aft that they come to .xiiii. yere and wyl not be maryed by the lord The lorde shal not hold the land but .ii. yerys after the seyd .xiiii. yere And yf they wyl not thaÌ„ be maryed by theyr lordys where there is no disê‘gement 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 â—ot the lorde shall lose the warde for that ryme shal make fyne to the kynge and yf the enfaut bâ— takyn away his next frend that wyl shal sew for hym w. i. ca. xlvii ¶ whan any herytage decendyth to an enfante by the father syde holdyn of one lorde of the mother syde holdyn of an other lord That lord shall haue the warde of whome the auncestour was fyrst infeffyd w. ii ca. xvi ¶ Of chylderen malys or femalys rauysshed though the rauysshour delyuer the chyld agayn vnmaryed or satysfy for the maryage yet he shall haue .ii. yerys prysonment yf he do not so delyuer hym nor be not able to satysfy he shal abiure the realme or haue parpetual prysonmente And yf the heyre in the meane whyle dye yet the defendaunt shal haue the sayd ponyshmente And yf the playntyf dye hangyng the ple it shal be resoÌ„monyd 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 resoÌ„monyd betwene the pleyntyf and his heire or excecutours or the excetours of the defendaunt or his heyres yf the excectours suffyce not for the valew of the maryage lykewyse yf the ple bâ— of the ward of the land or the heyre or of both the resoÌ„mons shal be betwene the heyre the excecutours of the playntyff and also the heyres excecutours of the defendaunt yf the deth of eyther of them happyn And at the greate dystres a day shal be gyueÌ„ within the which .iii. countes may be holdyn with proclamacyon And yf the defendaunt come not iugement shal be gyuen Sauyng to the defendaunt his ryght an other tyme Thesame wyse it shal be in a wryt of eiectmente of ward w. ii ca. xxxv women beyug of the age of .xiiii. yerys at the tyme of the deth of theyr auncestors shall haue leeuery of theyr landes without any questyon or difficulte for the law of this laund wil so .xxxix.. H. v. ca. ii ¶ If any persone take any mayde wedowe or wyfe thoughe they be maryed after to hym or to other bi his assent or defowlyd beyng heyres apparant to any auncesteurs or hauing aui goodys or laundes that sueh takynge be felony and that the misdoers takers procurators and receiters knowynge that same offence be iudgyd as pryncypall felons pronyded that this act exteÌ„de not to any maÌ„ takyng any womaÌ„ claymiÌ„g her as his ward the .iiii. h. vii ca. iii. ¶ yf any parson be lorde of any laÌ„de in fe holdin of another lorde by knyght seruyce to the vse of any other parson and heto whose vse he is seysyd dye no wyll by hym made his heyre beynge within age the lorde of whome the land is holdyn shall recouer the warde of the body and lande by a wryt of warde as though thesame auncestour had be impossessioÌ„ c. And yf such heyre be than of full age he shall pay relef and yf the lorde do waste the heyre shal haue an accyon of waste And yf the lorde be barryd in his wryt of warde the defeÌ„dauÌ„t shal recouer his damage .iii H. vii ca. xvii ¶ yf any man beyng with the kyng in wagis in warre vpon
.xx. s. and no more A. xxv E. iii. ca. xi Repell ¶ The payne of detys is put oute in all statuâ—ê of the staple and all other forfeytours be in theâ—â— force .xxxviii. E. iii ca. vi All statâ—tes made in the ê‘plyament holdyn .xi. yere of R. ii be repellyd by the statute of .xxi. yerâ— of the same kynge ca. xii ¶ And all statutes made in the ê‘lyament holdeÌ„ in the readepcyon H. vi repellyd by the statute the .xvii. E. iiii ca. vi Repleuyn ¶ If the bestes of any man be takeÌ„ the shiryff after complaynt to hym made shall make delyuerauns and yf the bestes be takyn with in a fraunches and the baylyffe of the fraunches wyll not make delyuerauns Than the shyryffe in defaute of the baylyfe shall make delyuerauns marlbryg Ca. xxvi Quere yf it be in anncyon demeane yf the baylyfe may make delyueraunâ— withoute precept of the shyryffe ¶ If a man take another mannys bestes them dryue to any castell or fortres there kepe them withonte gagys or pleggis that then the shyryf or the kyngê bailyffe after reasonable warnynge to the lorde of the castel yf he wyll not let them be deliueryd shal take with hym the strength of the counte and shall make repleâ—yn And for the deâ—pyte done to the kyngeâ— shall bete down thâ— castell and the playntyf shal recouer dowble damages agayne the with holder and yf he haue wher withall than he shal recouer it against the lorde of the castell c. and yf it â—e in â— francheâ— and yf the baylyâ—fe wyll not make repleuyn 〈◊〉 the sheryff shall do as before is sayde â— â—â— capit xvii ¶ If the lorde distrayne his tenaunt for his seruyce and he sew a replâ—uyn in counte or in hundred and the lorde aâ—owith it for his seruyce and the tenaunt dysclayme the lorde shall haue no remedy as the statute rehersith and therfor the stâ—tute wyll that the lorde shall haue a wrytte to remoue the ple in to the kingê bench and this claâ—se shal be in the wrytte Quia talis distinxâ—â— feoâ— do suo ê“seruicio c. aud the same statute gyuyth the same lymytacyon in auoure as in assyse of nouell dysseysin and the same statute wyll that the playntyff â—hall fynde pledgys to make retornesâ— c. as well as to pursewe and yf any by any other wayes take any pledges he shall answere for the pryce of the bestes and the lorde that dystrayneth shall haue a wrytte to delyueâ— hym so many bestes or so moche cattaylles and yf the baylyffe haue not wher with to contente hym than his superyour shall answere for hym and yf the lorde haue iudgement to retorne ¶ It shal be comaundyd to the shyryff by wryt of iudgement to make retorne and that he shall not maâ—e delyuerauÌ„â—e otherwise with out wryt makâ—â—g mâ—nsyon of the iugement and yf at that wryt the lorde haue retorne for any cawse that dystres shall remayne Irreplegyable westm .ii. 〈◊〉 ii Loke more for replâ—uyn In maynpryse Reseyt If a wryt be broughte agayn a man his wyfe â—nd he make defaâ—te or wyll make reddicyon yf â—he woman come before iudgement gyuyn to deâ—end her ryght she shall be receiuyd and yf the tenaunce in dower or tenaunt by the curâ—esy or tenaunt for terme of lyfe make defaute or wolde make reddycyon If he in the reuercyon come before iugement he shall be receyuyd w. ii ca. iii ¶ If any man pray to be receiuyd to defend his ryghte after the statute of westmÌ„ .ii before he be admytted he shall fynde suffycyent suerty as â—he courte shall deuyse to answer to the demauÌ„daunt for the valour of the tenement c. frome the day that he is receyued to answer vntyll the day that fynall iugement shall be on the petycyon of the demaundaunt yf the demaundaunt recouer hiâ— demaund he shall than be grâ—uously a mercyed yf he he haue where with all and yâ— he haue not than he shall be coÌ„myttyd to pryson 〈◊〉 the kinges pleasure statut de defeÌ„cione iuris ¶ If the tenauâ—te for terme of lyfe tenaunt endower it bâ— the curtesy in the tayle after possybylyte pleed fayntly ¶ And he in the reuercyon come in to the court and praye to be receyuyd at the day that the tenaunt pleed to the accyons with oute delaye by voucher and proteccyon esson of the kynges seruyce or other wyse and that dayes of grace be gyuen by dyscrescyon of the Iustyces and not comen dayes if the demaundaunt wyll not asseÌ„te to the same to the intent that the demaundauÌ„t shall not be delayed bycause that he pledyth with two aduersaryes It is prouyded that they that praye shall fynd suerty of thyssues A. xiii R. iiâ— ca. xvii ¶ The statute rehersyth theâ— that wyll by comyn pleed fals plees And therfore he yâ— so prayeth c. shall sey that suche plee is faynte ¶ Loke for reseit of the tenaunt for terme of yerys in the tytle of collusyon Glouc. ca. xv Loke in the tytle of attaynt how he in the reâ—ercyon shall haue an attaynt or wryt of errour Anno .ix. R. ii ca. iii. ¶ Clerkes hauynge offyces in the escheker or other cowrtes of the kynge shall be compellyd by the ordynarye to be resydent in they re bnÌ„fycys in so moch as they be occupyed abuot the comyn welth statuto vocato articuli cleri Retourne of shyryffê ¶ If a man delyuer his wryt to the shyryffe he shall make a byll conteynynge the namys of the partyes and the day of the delyuer of the wryt and the shyryf or the vnder shyryf shall sette his seale ther vnto and yf they wyll not thaÌ„ some knyghtes or other credable ê‘soÌ„s thaÌ„ psent shall set to theyr scalys yf they do not retorn they re wryt of iugemeÌ„te to iustycys of assyse that they enquere of them that ware present if it be found that the wryt was delyuered they shall iuge the playntyffe his damages that he hathe susteyned The same lawe is whan the shyryff retornyth tarde westm ii ca xxxix ¶ Loke further in the same statute and ye shaâ—â— se the sheryffes and baylyâ—â—ê of franches be boâ—Ì„de to make theyr retornes and that rent corne iâ— graynges and all mouable goodê except rydyng gere raymente vtensyllê of housholde shall be callyd issues ¶ IteÌ„ the shyriffys and the vnder shiryffys shal receyue wryttys in euery place of the countye in the maner aforasyd and the iustycys of assyse haue power to enquere thereof at euery playnte and to adiuge damages to the partyes Anno .ii. E. iii. ca. v. ¶ The baylyffe of the faraunches shall put his ê“ê‘ name vpon his retourne and the shyrif chauÌ„ge the retourne that is delyueryd â—ym by an endenture and therof be attaynte at the sute of the lorde of the fraunches he shall render double damagys as well to the partye as to the lorde and by some bokys shiryffys and other baylyffê