and the demaundaunt counterpledyth vnto hym and wyll auerre by assyse or by the countre or otherwyse as the coâ—tre wyll awarde that the tenaunte or his auncetour whose heyre he is was the fyrste that entred after the deathe of hym of whose season he demaundeth The auerâ—â—ment of the demaâ—ndanâ— shal be recey â–ª ued if the tenaunt therto wyll attend if not he shal be further compelled to another aunswere if he haue not his warraÌ„tour presente that wyll warraunte hym frely and incontinent entre into the warrauntye sauyng to the demaundant his exâ—â—â—cyons agaynste hym if he wyll vouch further as he dyd before agaynst the fyrste tenaunt From hensforthe in all maner of wryttes of entre whiche make mencyon of degrees none shall vouch out of the lyne nor in other wryttes of entre where no mencioÌ„ is made of degrees which wryttes shall not be maynteyned but in cases where the other wryttes of degrees can not lye nor holde place And in a wrytte of ryght it is ê“uyded that if the tenauÌ„t vouch to warrauntye and the demaundant conterplede hym and be redy to auerre by the couÌ„tre that he that is vouched nor his auncetours had neuer season of the land or tenement demaunded fee nor seruyce by the handes of the tenaunt or his auncetours syns the tyme of hym on whose season the demaundaÌ„t declareth vntyll the tyme that the wrytte was purchased and the ple moued wher by he myght haue infeffed the tenaunt or his auncetours Then let the auerrement of the demaundaunt be receyued if the tenaunt therto wyll attend if noâ— the tenaunt shal be further compelled to an other aunswere if he be not present that wyll warraunte hym frely and in contynent entre in aunswer sauynge to the demaundant his excepcyoÌ„s agaynst hym as he had before agaynst the fyrst tenaunt the sayd excepcion shall haue placein a wrytte of mordauncetour and in the other wryttes before named aswell as in wryttes that concerne ryght and if percase the tenaunt haue a dede of warrauÌ„tye of another man that is bouÌ„d in none of these cases before mencyoned to the warrauntye of his elder degre his recouerye by a wrytte of warrauntye of chartour out of the kynges chauncery shall be saued to hym at what tyme so euer he wyll purchase it howe be it the plee shall not be delayed therfore ¶ The .xl. Chapitre FOr the othes of champions it is thus prouyded because it seledom happeneth but that the champion of the demaundaunt is forsworne in that he swereth that he or his father saw the season of his lorde or his auncetour that his father comaunded hym to deraygne the ryght that fromhensforth the chaÌ„pyon of the demaundaunt shall not be compelled so to sweare Neuertheles his othe shal be kepte in all other poyntes ¶ The .xli. Chapiter FOr asmuch as iÌ„ a wrytte of assyse attayntes and iuris vtrum the â—urrours be often troubled by reason of the essoynes of tenauntes It is prouyded that after he hath ons appered in the courte that he shal be no more essoyued but shall make his attorney to sue for hym if he wyll and if not the assyse or iurye shal be taken through his defaute ¶ The .xlii. Chapitre FOr asmuche as demaundantes be â—â—eÌ„â—ymes delayed of theyr ryght b 〈…〉 son 〈…〉 many parceners be tenaÌ„â—â—s of whiche none may be compelled to aunswer without the other or that there be manye ioynâ—ly infelled where none knowyth his seuerall and such tenaunteâ— ofâ—eÌ„â—â—mes fourth by esâ—oyne so that euery of them hath a seuerall essoyne It is prouyded that fromhensforthe suche tenaunâ—es shall not haue esâ—oyne but at one day no more then one sole tenaunte sheweth â–ª â—â— â—o that fromhensforth they shall no more fourche but onely for to haue one eâ—â—oyne ¶ The .xliii. Chapiter FOr as muche as dyuers persones cause themselues falsely to be essâ—â—ned for beyng ouer the see wherein 〈…〉 they were within the realme the day oâ—â—â—e 〈…〉 s. It is prouyded from hensforth that this esâ—oyne be not all tymes allowed if the demaundant wyll challenge it and wyll be redy to auerrâ— that he was in Englande the daye of the somoÌ„s and .iii. wekes after it shal be aâ—ourned in this â—ouâ—me that if the demaundant be redy at a certayne day by auerremeÌ„t of the countre or otherwyse as the courte shall awarde â—o proue that the tenaunt was within the .iiii. sees the daye that he was somoned and .iii. wekes after so that he myght be reasonably warned and so found the essoyne shal be â—ourned into a defaute And that is to be vnderstanden onely before iustyces ¶ The .xliiii. Chapitre COncernynge delayes in all maner of wryttes and attachementes it is thus prouyded that if the tenaunt or defendaunt after the fyrst attachement recorded do make defauâ—e that incontynent the great dystres shal be awarded And if the sheryf do not make suffycyent retourne by a certayne daye he shall be greuously amerced and if he retourne that he hath made execucyon in due maner and the issues delyuered to the suretyes then the sheryf shal be comaunded that he retourne issues at another daye before the iustyces and if the partye beynge attached come in at his daye to saue his defautes he shall haue the issues and if he come not the kynge shall And the kynges iustyces shall cause to be delyuered in the warderobe and the iustyces of the benche at Westmynster shall delyuer hym in theschequer and iustyces in eyer to the sheryf of the shyre where they plede aswell of that shyre as of foreyn shyres shal be charged therwith in somoÌ„s by the rolles of iustyces ¶ The .xlv. Chapitre IT is prouyded also and commaunded by the kynge that the iustyces of the kynges benche at Westmynster fromhensforth shall decyse all plees determynable at one daye before any matter be arrayned or plee comeÌ„ced the day folowyng except that theyr essoynes shall be entryd iudged and allowed and by reason herof no maÌ„ shal absent hymselfe but shall come at the day to hym lymytted ¶ The .xlvi. Chapiter IT is prouyded also that if any froÌ„ hensforth purchase a wrytte of nouell dysseson and he agaynst whome the wrytte was brought as pryncypall dyssesour dyeth before the assyse be passed that then the heyre shal haue his wrytte of entre vpon dysseson against the heyre of the dyssesour or dyssesors of what age so euer they be lykewyse the heyre or heyres of the dyssesye shall haue theyr wryttes agaynst the dyssesours or theyr heyres of what age so euer they be And if peraduenture the dyssesye chaunce to dye before he hath purchased his wrytte so that for the nonages of the heyres of the one partye or the other the wrytte be not abated nor the plee delayed but for asmuch as he may without offeÌ„dyng the lawe it must be hasted to make fresh sute after the dysseson And in lyke maner this ordre shal be obserued in al poyntes
adâ—oâ—â—ons â—â—assed for terme of lyâ—e or yeres or in taylle And fromhensforth in wryttes of Quare impedit and daâ—râ—yâ— prâ—sâ—ntment damagâ—s shal be awâ—â—â—â—d if the â—â—â—â— coÌ„tynue aboue vâ— mâ—nâ—â—hâ—â— â–ª so that if the byshop do presenâ—â— and the vâ—â—y paâ—â—une lâ—se his presentacyon for that tyme damages shal be awaâ—â—â—d for the .ii. yeres value of â—â—◠〈…〉 And if the. vâ— monethes 〈…〉 and the presâ—nâ—meÌ„â—â— dysprouâ—d 〈…〉 sayd tyme then damagâ— shal 〈…〉 the 〈…〉 yeâ—es v 〈…〉 the 〈…〉 And if the dystourbour 〈…〉 not wherof he â—aâ—◠〈…〉 e dâ—â—â—ges 〈…〉 thâ— byshop presenteth by 〈…〉 o◠〈…〉 he â—â—aâ—â—â— your shâ—d by 〈…〉 And if the 〈…〉 d within the halfe yâ—â—â— â–ª yet tâ—â— dyâ—â—ourbour shal be ponysshâ—â—â—â— the 〈…〉 of halfe a yere And froÌ„hensforth wryttes shal be grauÌ„ted for chapâ—â—â—es prebendes vycarages hospytalles abbeys pryoryes other houses whiche be of the aduouzons of other men that were not grauÌ„ted before And when the persone of any churche is dysturbed to demauÌ„de tythes in the next perâ—she by a wrytte of indicauit the â—a 〈…〉 of the persone so dystourbed shall 〈…〉 a wrytte to demaunde the aduouzon of suche tythes And when it is dysproued then shall the plee passe in the 〈…〉 chrysten as ferforth as it is dysâ—â—â—d in the kyngâ— court wheÌ„ an aduouzon dysceÌ„dyth to parceners though one presente twyse and vsurpeth vpon his coheyre yet he that was neeglygeÌ„t shall not be clerely barred but at another tyme shall haue his tourne to presente when it falleth ¶ The .vi. Chapiter UUhen any demaundeth lande agaynst another the partye that is impleded vouchyth to warrauntye the warrantour denyeth his warrauntye and the plee hangyth longe betwen the tenaunt and the warrauntour and at length when it is tryed that the vouche is bound to warraÌ„tye by thâ— law custome of the realme hytherto vsed ther was none other ponyshmeÌ„t assygned for the vouche that denyed his warraÌ„tye but only that he sholde warrantyze and be amerced for denyeng his warrauntye which was preiudicyall to the demandant because he suffered oftentymes great delayes by collusyon betwene the tenant and the warrauntor wherfore our soueraygne lorde the kynge hath ordeyned that lyke as the tenant sholde lese the lande beyng in demaunde in case where he vouched and the vouche coude dyscharge hymselfe of the warrauntye In lyke maner shall the warrantour lese in case where he denyeth his warrauntye and it be founde and tryed agaynst hym that he is bounden to warrantyze And in case that an inqueste be dependyng betwene the â—enant and the warrantor the demaundant doyth praye a wrytte for to cause a â—urye to com it shal be grauÌ„ted hym ¶ The .vii. Chapitre A wrytte of admesuremeÌ„t of dower shal be fromhensforth graunted to a wardeyn nor the heyre wheÌ„ he cometh to full age shal be barred by the sute of such wardeyn that suyth agaynst the tenaunt in dower faynedly and by collusyon but that he maye admesure the dower after as it ought to be admesured by the lawe of the lande And as well in this wrytte as in a wrytte of admesurement of pasture more spedy processe shal be awarded than hath ben vsed hytherto so that when it is passed vnto the great dystres dayes shal be gyuen within which two shyrecourtes maye be holden at the whiche open proclamacion shal be made that the defendant shal comin at the day contayned in the wrytte to aunswere vnto the playntyf at whiche daye if he come in the plee shall passe betwene them And if he do not come and the proclamacion be testefyed by the sheryf in maner abouesayd vpoÌ„ his defaute they shall make admesurement ¶ The .viii. Chapiter UUhere as by a plee moued vpon a wrytte of admesuremeÌ„t of pasture the pasture was somtyme admesured be fore the iustyces sometyme before the sheryf in the countye And it chaunced many tymes that after such admesuremeÌ„t made the pasture to be ouercharged agayne by hym that fyrste dyd it with â—o beastes then he ought to kepe wherupon no remedye hath ben yet prouyded It is prouyded that vpon the secounde ouerchargynge the playntyfe shall haue remedye in this maner if the admesuremente were before the iustyces he shall haue a wrytte iudycyall that the sheryf in presence of the partyes beynge somoned if they wyll come shall inquere vpoÌ„ the secounde ouerchage whiche if â—â— be founde it shal be retourned before thâ— iustyces vnder the seales of the sheryf and of the iurrours and the iustyces shall awarde the playntyf damages and 〈…〉 putte in the extreates the value of the beastes whiche were putte in to the pasture after such admesurement aboue the due noumbre and shal dâ—lyuer the extreates vnto the barons of the eschequer wherof they shal auÌ„swer vnto the kyng If suche admesurement be made in the counâ—ye then at the request of the playntyf a wâ—â—â— shall go out of the chauncery â–ª that the sheryffe shall inquere vpon the ouerchargynge for the beaâ—â—es bâ—yâ—g put in â—boue the dâ—e noumbre and for the value of them he shall aunswere to the kyng at the eschequer And leste the sheryf mâ—ght defraâ—de the kynge in thâ—s case â—â— is agreyd that aâ— such wryttes of secound ouerchargyng that passe out of the chaâ—ncâ—ry shal be inrolled and at the yeres ende the transcryptes shal be retourned in to the eschequer vnder the chauncellours seale that the treasourer and barons may see how the sheryf shall aunswere of the issues of suche wryttes lykewyse wryttes of reddysseson shal be inrolled and sente into the eschequer at yeres ende ¶ The .ix. Chapitre UUhen chyef lordes do dystreyne in theyr fee for customes and seruyces to them due one of them is meane whiche oughte to acquyte the tenaunte where it lyeth not in the mouthe of the â—â—nant after that he hath repleuyzed the dystres to deny the demande of the chyef lord which aâ—oweth in the kyngê court that the dystres is lawfully taken vpon his tenant which is the meane many haue ben sore greued by such dystresses â—nsomuche as the meane notwithstandyng that he haue suffycyent wherby he may be dystrayned doyth make longe delayes before he wyll come into the courte to aunswer for his tenaunt vnto the wrytte of mean and most harde of al when the mean had nothyngâ— In case also when the tenant was redy to do his struyces customes vnto his lorde and the chyef lorde wolde refuse to take such seruyces and customes by the handes of any man but onely for his nexte tenant and so such tenaÌ„tes in demeane lost somwhyles the profytes of theyr landes for a tyme and somewhyles for theyr hole tyme and hytherto no remedy hath ben prouyded in this case A remedy is prouyded in this fourme that so sone as the tenant in demean hauynge a mean betwene hym and the chyef lorde is dystrayned incontyneÌ„t the tenant shall purchase his wrytte of mean if the mean hauynge lande in
any do clayme commune of pasture by specyall feffement or graunte for a certayne noumbre of beastes or otherwyse that is due by the comen lawe where as couenaunte barreth the lawe he shall haue suche recouere as ought to be had by fourme of the grauÌ„te made vnto hym by occasyon of a mylle wyndmyll berkarye deyerye inlargyng of a courte or curtylage fromhensforth no man shal be greued by assyse of nouell dysseson for commune of pasture And where sometyme it chaunceth that one hauyng ryght to approwe doyth leuye a dyke or an hedge and somtyme by nyght or at another season that they suppose not to be espyed do ouerthrowe the hedge or dyke and it can not be knoweÌ„ by verdytte of the assyse or iurye who dyd ouerthrowe the hedge or dyke And men of the townes nere wyl not indyte such as be gylte therof the townes nere and adioynyng shal be dystrayned to leuye the hedge or dyke at theyr owne custe and to yelde damages And where one hauyng no ryght to commune vsurpyth coÌ„mune what tyme the heyre is within age or what tyme a woman is couert or the pasture be in the handes of tenantes in dower by the curtesye or otherwyse for terme of lyfe or yeres or in fee tayle and the pasture be longe vsed many holde opynion that such pastures ought to be called appurtenant vnto frehold and that the owner ought to haue accyon by a wrytâ—e of nouel dysseson if he be deforced of such pasture but fromhensforth this ordre shal be kept that such as haue entred within the tyme that an assyse of mortdauncetour lyeth if they had no coÌ„mune before a wryt of nouel disseson shal not lye for them if they be deforced ¶ The .xlvii. Chap. IT is prouyded that the waters of Humbre Owse Trente Done Arte Derewent Wherf Nydryore Swale Tese Tyn Eden and all other waters wherin salmons be taken shal be defended for takyng salmoÌ„s from the natyuyte of our lady vnto sayncte Martynes daye And lykewyse that yonge salmons shall not be taken nor dystroyed by nettes nor by other engyns at myllpolys from the myddes of Aprell vnto the natyuyte of sayncte Iohan Baptyste and in places where as freshe waters be there shal be assygned ouerscars of this statute which beyng sworne shal oftentymes see and inquere of the offendours for the fyrste trespas they shall be ponyshed by burnyng of theyr nettes And for the secounde they shall haue imprysonment for a quarter of a yere And for the thyrd trespas they shal be imprysoned an hole yere and as the trespas increasyth so shall the ponyshement ¶ The .xlviii. Chapitre FOr vyewe of lande it is ordeyned and prouyded that fromhensforth vyewe shall not be graunted but in case where the vyewe is necessarye as if one lese lande by defaute and the lesar moueth a wrytte to demaunde the same lande and in case where one by an excepcyon dylatorye abateth a wrytte after the vyewe as by nontenure or the mysnamyng of the towne or such lyke if he purchase another wrytte in that case froÌ„ hensforth the vyewe shall not be graunted if he had vyewe in the fyrst wryttes In a wryt of dower where the demauÌ„de is of lande that the husbande alyened to the tenant or his auncetour where the tenant ought to take knowledge what lande the husbande dyd alyene to hym or his auncetour though the husbande dyed not seasyd yet froÌ„hensforth vyewe shall not be graunted In a wrytte of entre also where the demaundant mys â–ª named the entre if he purchase another wrytte of another entre if the tenant in the fyrste wrytte had vyewe he shall not haue it in the secounde In wryttes also where landes be demaunded by reason of a lesse made by the demaundaÌ„t or his auncetour vnto the tenant and not his auncetour as that he lessyd to hym beyng within age not hole of mynde beyng in pryson and such lyke vyewe shall not be graunted hereafter but if the demyse were made to his auncetour the vyewe shall lye as it hath done before THe chauncellour treasourer iustyces nor none of the kynges counsel no The. xlix â—apitre clerke of the chauncery nor of the eschequer nor of any iustyce or other offycer nor none of the kynges house preste nor lay man shall take any churche nor aduowson of a churche lande nor tenement by gyfte sale nor to ferme ne for partakynge nor otherwyse so longe as any thynge is in plee before vs or before any of our offycers nor shall take no rewarde therof he that doyth coÌ„trary to this acte other hymself or by another though he make no stryfe shall be ponyshed at the kynges pleasure aswel he that purchaseth as he that wyth All the sayd statutes shall take effecte at the feast of saynct Myghel next coming so that by occasyon of any offences done on thys syde the sayd feaste contrary to any of these estatutes no ponyshement mencyoned within these estatutes shal be executed vpon the offenders Moreouer coÌ„cernyng the statutes prouyded where the law fayled for remedies lest sutors comyng to the kynges court shold depart froÌ„ thens without remedye they shall haue wryttes prouyded in theyr cases but they shall not be pleded vntyll the feaste of saynct Myghell aforesayd ¶ Here begynneth the statute of westÌ„ thyrd made the .xviii. yere of Ed. the .i. FOr asmuche as purchasers of landes and tenementes of the fees of great men and other lordes haue many tymes in tymes passed entred into theyr fees to the preiudyce of the lordes wher upon the freholders of suche great men haue solde theyr landes to such purchasers in fee to be holden of the feffours not of the chyef lordes of the see wherby the chyef lordes haue many tymes lost theyr escheates maryages wardshyps of landes and tenemeÌ„tes beyng of theyr fees whiche thynge semyth very harde extreme vnto suche lordes and moreouer in this case manyfest disherytaunce Our soueraygne lorde the kyng in his parlyament at westmynster after Easter the .xviii. yere of his raygne that is to wyte in the quynzyeme of S. JohaÌ„ Bap. at the instaunce of the great men of the realme hath prouyded and ordeyned that froÌ„hensforth it shal be lefull to euery free man to sell at his owne pleasure his landes tenementes or parte of them so that the feffee do holde the same lande or tenemeÌ„t of the chyef lorde of the fee by such seeuyces and customes as his feffour helde before ¶ The .ii. Chap. ANd if he sell any parte of such landes or tenemeÌ„tes to any the feffee shall immedyatly holde it of the chyef lorde and shal be forthwith charged with the seruyces as moch as pertayneth or ought to pertayne to the sayd chyef lord for the same parcell accordynge to the quantyte of the lande or tenemeÌ„t so sold And so in this case the lord shall take the same parte of the seruyce by the handes of the feffee
wherby he ought to be attendaunt and aunswerable to the same chyef lorde accordynge to the quantyte of the lande or tenemeÌ„t solde for the parcell of the seruyce so due ¶ The .iii. Chapiter ANd it is to be vnderstanden that by the sayd sales or purchases of landes or tenemeÌ„tes or parcelles of theÌ„ landes nor tenementes shall in no wyse come into mortmnayne neyther by pollecye ne crafte contrarye to the fourme of the statute made therupon of late And it is to wâ—te that this statute extendeth but onely to landes holde in fee symple And that it extendeth onely to the tyme comynge and it shall begynne to take effecte at the feaste of sayncte Andrew apostle nexte comynge youen the .xviii. yere of the reygne of kynge Edwarde sonne of kynge Henry ¶ Here endeth the statute of westmynster thyrde ¶ Here begynneth the statute of wynchestre made the .xiii. yere of Edwarde the fyrst FOr asmuch as from daye to daye robboryes murders burnyng and thefte be more ofteÌ„ vsed thaÌ„ they haue ben heretofore and felons can not be attaynted by the othe of iurrours whiche had rather suffer straungyers to be robbed so to passe without payne then to indyte the offendours of whome great parte be folke of the same countre or at the lest if the offendours be of another countre the receyuours be of places nere And they do the same because the othe is not put vnto iurrours of the same countre where suche felonyes were done and to the restitutyon of damages hytherto no payne hath ben lymytted for theyr coÌ„câ—lement and latches Our soueraygne lorde the kyng for to abate the power of felons hath establyshed a payne in this case so that fromhensforth for feare of the payn more then for feare of any othe they shall not spare any nor concele no felonyes And fromhensforth cryes shal be made in al countyes hundredes markettes fayres all other places where great resorte of people is so that none shal excuse hymselfe by ignoraunce that fromhensforth euery countre be so well kept that immedyatly vpon such robboryes and felonyes commytted freshe sute be made from towne to towne and from countre to countre ¶ The .i. Chapitre LIkewyse when nede requyreth inquestes shal be made in townes by hym that is lorde of the towne and after in the hundred and after in the fraunchyse and in the shyre and sometyme in two thre or foure shyres in case where felonyes be commytted in the marches of shyres so that the trespasours may be attaynted And if the countre wyll not aunswere for the bodyes of suche trespasours the payne shal be suche that is to wyte that the people dwellyng in thâ— countre shal be aunswerable for the robboryes done and also the damages so that the hole hundred where the robborye happenyth to be done or the fraunchyses beyng within the precynet of the same hundred shal be aunswerable for the robboryes done And if the robborye chaunce to be done in the diuysioÌ„ of two hundredes in suche case bothe hundredes and also the fraunchyses whiche be within the precyncâ—es of them shall be aunswerable And after that the felonye or robborye is done the couÌ„tre shal haue no longer space then halfe a yere within whiche halfe yere it shall behoue them to agre for the robborye or trespas or els that they wyll aunswere for the bodyes of the offendours ¶ The .ii. Chapitre ANd for asmuch as the kyng wylnot that his people shold be sodaynly im poueryshed by reason of this penaltye that semyth very harde to many the kynge graunteth that they shall not incurre it ymmedyatly but it shal be respyted vntyll the Easter nexte folowynge within whiche tyme the kynge maye see howe the countre wyll ordre themselues and whyther suche felonyes and robboryes do ceasse After which terme let them all be assured that the foresayd penaltye shall ronne generally that is to wyte that the people of the countre shal be aunswerable for felonyes and robboryes done among them ¶ The .iii. Chapiter ANd for the more suretye of the countre the kyng hath commaunded that in great townes beynge walled the gates shal be closed from the sonne restyng vntyll the sonne rysynge that no man do lodge in the suburbes nor in any place out of the towne from .ix. of the clocke vntyll day without his hoste wyll aunswere for hym the bayllytes of townes euerye weke or at the leaste euery .xv. day shall make inquerye of all persones beynge lodged in the suburbes or places out of the townes And if they do fynde any that haue lodged or receyued any straungyers or suspycyous persons coÌ„trary to this they shall do ryght therin And the kynge comaundeth that from hensforth all townes be kept as it hath ben vsed in tymes passed that is to wyte from the feaste of Ascensyon vnto Myghelmas in euery cyte .vi. men shall kepe at euery gate in euery borugh .xii. men in euery towne .vi. or .iiii. acordyng to the noumbre of the inhabitauntes of the towne and shall watche the towne all nyght from the sonne restynge vnto the sonne rysyng And if any strauÌ„gyers do passe by them he shal be arrested vnto mornyng And if no suspicion be fouÌ„de they shall go quyte if they fynde cause of suspeccyon they shall forth with delyuer hym to the sheryf and the sheryf may receyue hym without damage and shall kepe hym saufely vntyll he be acquyted in due maner and if they wyll not obey the arreste they shall leuye hue and crye vpon them and such as kepe the towne shall folowe with hue and crye with all the towne and the townes nere and so front towne to towne vntyll that they be taken and delyuered to the sheryf as before is sayd and for the arrestementes of suche straungyers none shal be ponysshed ¶ The .iiii. Chapitre ANd further it is comaunded that hygh wayes ledyng from one merchaunte towne to another shal be fromhensforthe inlarged where as bushes woodes or dykes be so that there be ney ther dyke tre nor bushe wherby any trespaser may eskape within CC. fote of eche syde the way so that this statute shall not extende vnto ashes nor vnto great trees for that it shal be vnderstanden clerely out of this And if by the defaute of the lorde that wyll not auoyde the dyke vnderwood or bushes in the maner aforesayd and robboryes be done therin the lorde shal be aunswerable for the felonye And if murdre be done the lorde shal be raunsomed at the kynges pleasure And if the lorde be not able to sell the vnderwoodes the countre shall ayde hym therin And the kynge wylleth that in his demean landes woodes within his forest and without the wayes shal be inlarged as before is sayd And if percase a parke be taken from the hygh waye it is requysyte that the lorde shall sette his parke the space of CC. fote froÌ„ the hygh waye as before is sayd or that he make such a
of a mâ—yte And if she commytte forâ—â—cacion in heâ— wydowhed or take an husbande afterwarde she shall lese her dowet Finis ¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii. UUhen a fre maÌ„ shal make homage to his lorde of whom he holdeth in chyef he shall hold his handes togyther betwene the handes of his lord shal say thus I become your froÌ„ this daye forth for lyfe for meÌ„bre for worldly honour and shall owe yow my fayth for the landes that I holde of you sauyng the fayth that I do owe vnto our soueraygne lord the kyng to myne other lordes when a freman shall do fealte to his lorde he shal holde his ryght hande vpon a boke and shall saye thus Here you my lorde â— that I. P. shal be to you both faythful true shall owe my fidelite vnto you for the lande that I hold of you lawfully shall do such customes seruyces as my duety is to you at the termes assygned so helpe me god all his saynctes When a villayne shall do fealte vnto his lorde he shall holde his ryght hande ouer the boke shall say thus Here you my lord A. that I. B. from this daye forth vnto you shal be true faythfull and shal owe you fealte for the lande that I holde of you in villenage and shal be iustefyed by you in body goodes so helpe me god all his saynctes Finis ¶ The statute of wardes and relyefes made the .xxviii. yere of Edwarde the fyrst IT is to wyte that when any relyef is gyueu therto wardshyp belongeth contrary wyse And such as holde by sertaunte to go with the kynge in his hoste there warde and relyef are incydeÌ„t And such as holde by pety sertauntye as to bere shelde or spere in the kynges hoste to bere or to carye there lyeth nether warde maryage nor relyef Also a fre sokeman shal not gyue warde nor relyef but he shall double his rente after the death of his auncetour accordyng as he hath vsed to paye and shall not be vnmesurable greued Now som what is to be sayed of the nature of hauyng wardes There be .ii. maners of wryttes to haue awardes one is where landes be holdeÌ„ in knyghtes seruyce the other is where landes be holden in sâ—cage The warde of lande that is holden in knyghtes seruyce belongeth to the chyefe lorde the maryage which ought to be without dispâ—ragement as the great chartourly my tyth vntyll he comyth to the age of .xxi. yeres The warde of an heyre that holdeth in socage if the inherytaunce dyscende of his mothers syde then it belongyth to the nexte frende of the fathers syde and contrarye wyse And a wrytte to recouer warde may be brought in .iii. maners one is when a man demauÌ„dyth warde of the lande and of his heyre and that is in case when a man holdeth land of another by knyghtes seruyce and the tenaunt dyeth then may the chyef lorde if he be deforced demaunde the warde of his lande and heyre shall haue both warde and maryage Another maner is when a man is infeffed of a rode of lande by one man and by another of another rode the secounde lorde may not brynge a wrytte of warde to recouer eyther the lande or the heyre for the warde belongeth to the lorde of whome he was fyrst infeffed The .iii. maner is where a man hath lande in his handes by reason of a warde and hath not the heyre then he may brynge a wrytte to demaunde the heyre and not the lande ¶ Here endyth the statute of wardes and relyefes made the .xxviii. yere of Edward .i. ¶ Here begynneth a statute concernyng generall dayes in the bench made the .li. yere of H. the .iii. IF a wrytte come within the vtas of S. Myghell a daye shal be gyueÌ„ therupoÌ„ vnto the vtas of S. Hyllarye if it come in the quynzieme of S. Myghel day shal be gyueÌ„ vnto the quynzieme of S. Hillary If it com in the .iii. wekes after S. Myghel the day shal be crastiÌ„o purificatioÌ„is If withiÌ„ a moneth after Myghelmas in the vtas of the purification If in crastino animaruÌ„ then in the quynzieme of Easter If in crastino Martini then in the .iii. wekes after Easter If in the vtas of S. Martini then in Easter moneth If in the quynzieme of saynt Martyne then within .v. wekes after Easter also there is a day specially gyueÌ„ in crastino ascensioÌ„is it â—â—â—â—â—uayleth as much as within .v. wekes after Easter If in the vtas of saynt Hyllarye in the vtas of the Trinite If in quindena Hillarii then in quindena Trinitatis and somtyme in crastino of saynct Iohan Baptyste If in crastino purificationis then in crastino vtas of sayncte Iohan Baptyste If in the vtas of the purification then in quindena of Iohan Baptyst If in quindena Pasche then in the vtas of saynct Myghell If within .iii. wekes after Easter then in quindena of saynct Myghell If within Easter moneth then within .iii. wekes of the feast of saynct Myghel If within fyue wekes after Easter or in crastino Ascensionis then within a moneth after the feaste of S. Myghell If in the vtas of the Trinite then in crastino animaruÌ„ If in quindena trinitatis or in crastino of saynct Iohan Babtyste then in crastino Martini If in the vtas of sayncte Iohan Babtyst then in the vtas of S. Martyne If in quindena of saynct Iohan Baptyst then day shal be gyuen vnto quindena Martini Finis ¶ The statute of Bygamye made the .iiii. yere of Ed .i. IN the preseuce of certayne reuerende fathers byshops of Englaud and other of the kynges counsell the coÌ„stitucyons vnderwryten were recited after harde publyshed before the kynge and his counsell for asmuche as all the kynges counsel aswell iustyces as other haue agreyd that they shulde be putte in wrytyng for a perpetuall memorie and for that they shuld be stedfastly obserued ¶ The fyrst Cha. COncernyng plees where the tenaunt sayeth that he can not aâ—swere with out the kynge It is agreyd by the iustyces and other wyse men of the kynges counsell which heretofore haue had the vse and praciyse of iubgemeÌ„tes that where a feffemeÌ„t was made by the kyng with a dede therupon that if another persone by a lyke feffement a lyke dede be bounden to warrauÌ„tye The iustyces coude not heretofore haue proceded any further without the kynges comaundement had therfore And also it semyth that they coude not ¶ The .ii. Cha. IN certayn cases as where the kyng hath coÌ„fyrmed or ratefyed the dede yf another man to the vse of another or hath graunted any thynge asmuche as hymselfe may or where a dede is shewed and no clause contayned therin wherby â—e ought to warrauntyse and in lyke cases they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke but after
dye And at the tyme of his deathe his heyre be of full age and oweth to vs relyef he shall haue his inherytannce by the olde relyef that is to saye the heyre or heyres of an erle for an hole eridom one hundreth poundes The heyre or heyres of a baron for an hole barronye one hundreth markes The heyre or heyres of a knyght for one hole knyghtes fee one hundreth â— at the most And he that hath lesse shall gyue lesse accordyng to the olde custome of the fees ¶ The .iii. Chapyter BVt if the heyre of any such be with in age his lorde shall not haue the warde of hym nor of his lande before that he take of hym his homage And after that suche an heyre hathe ben in warde when he is come to full age that is to saye to thage of xxi yeres he shall haue his inherytaunce without relyef and without fyne so that if such an heyre beyng within age be made knyght yet notwithstandyng his lande shall remayne in the kepyng of his lord vnto the fore sayd terme ⸫ ¶ The .iiii. Chapiter if she goo from the castell then a competeÌ„t house anone shal be prouyded for her in the which she may honestly abyde vntyll her dower be to her assygned as it is aforesayde And she shall haue in the meane tyme her reasonable estouers of the comen And for her dower shal be assygned the .iii. parte except she were indowed of lesse at the church dore No wydow shal be dystrayned to marye herselfe neuertheles she shall fynde suretye that she shal not marye without our lycense and assente if she holde of vs nor without the assent of the lorde if she holde of another ¶ The .viii. Chapiter UUe nor ower bayllyffes shall not sease any lande or rente for any dette as longe as the goodes and catalles of the dettour whiche be present do suffyse to pay the dette and the dettour hymselfe be redye to satysfye therfore nor the pledges of the dettour shal be distrayned as longe as the pryncypall dettour is suffycient for the payment of the dette And if the pryncypall dettor fayle in payment of the dette hauyng nought wherwith to pay or wyl not pay whear he is able ynough than the suretes shall aunswer for the dette And if they wyll they shall haue the landes and rentes of the dettor vntyl they be satysfyed of the dette whiche they before payed for hym except that the dettor can shew hymselfe to be acquyeted agaynst his sayde suretyes ¶ The .ix. Chapiter THe cyte of London shall haue all the olde lybertees and customes which it hath ben vsed to haue Moreouer we wyll and graunt that all other cyties borowghes townes and the barons of the .v. portes and all other portes haue all theyr lybertes and fre customes ¶ The .x. Chapiter NO man shall be dystrayned to do more seruyce for a knyghtê fee nor for any other freholde then is due therfore ¶ The .xi. Chapiter COmen plees shall not folowe our courte but shal be holden in some place certayne ¶ The .xii. Chapiter REcognysaunces of newe disseson and of mort dauncestor shall not be kepte but in theyr shyres and after this maner If we be out of the realme our chyef iustyces shall sende out other iustyces thorough euery countye ones in the yere whiche with the knyghtes of the shyres shal take the sayd assyses in those countyes and those thynges that at the comyng of our foresayd iustyces beyng sente to take those assyses in the countyes can not be determyned shall be ended by them in some other place in theyr circuyte And those thyngê which for dyffycultye of some artycles can not be determyned by them shal be referred to ower iustyces of the benche and there shal be ended ¶ The .xiii. Chap. ASsyses of darreyn presentement shal be taken alway before our iustyces of the benche and there shal be determyned ¶ The .xiiii. Chapiter AFreman shall not be amerced for a lytle faute but after the quaÌ„tyte of the faute And for a great faute after the maner therof sauyng to hym his coÌ„tenement or freholde And a merchaunt lykewyse shall be amercyed sauynge to hym his merchaundyse And any other maner vyllayn then owers lykewyse shal be amercyed sauyng his waynage if he fall into ower mercye And none of the sayd amercyamentes shal be assessed but by the othe of sad and honest men of the neyghbourhed Erles and barons shal not be amercyed but by theyr pyers and after the quantyte of theyr trespas No man of the churche shal be amercyed after the rate of his spirytuall benefyce but after his laye tenemeÌ„t and after the quantyte of his trespas ¶ The .xv. Chapyter NO towne nor freman shal be dystrayned to make brydges nor bankes but such as of olde tyme of ryght haue ben accustomed to make them in the tyme of kynge Henry ower graund father ¶ The .xvi. Chapitre NO banke shal be defendyd froÌ„hensforth but suche as were in defence in the tyme of kynge Henry our grauÌ„dfather by the same places and the same boundes as they were wont to be in his tyme. ¶ The .xvii. Chapiter NO sheryf constable eschetor coroner or any other our baylyffes shal holde plees of our crowne ¶ The .xviii. Chapitre IF any maÌ„ that holdeth of vs a lay fee do dye our sheryf or bayllyf do shewe our lettres patentes of our somons for dette which the dead man dyd owe vnto vs. It shal be lefull to our sheryfe or baylyffe to attache and arrest all the goodes and catalles of the dead man beynge founde in the sayd fee to the value of the same dette by the view and recorde of lawfull men So that nothynge therof shal be taken away vntyll we be clerely payed of the dette And the resydue shall remayne to the eâ—ecutours to perfourme the wyl of hym that is dead And if it be founde that he owyth nothyng vnto vs. All the goodes and catalles shall go to the vse of the dead man sauynge to his wyfe and chyldren theyr reasonable partes ¶ The .xix. Cha. NO coÌ„stable or his baylye shall take corne or other catall of any man for to vytayle his castell if the man be not of the towne where the castel is but he shall forthwith paye for the same onles it maye appere that the wyll of the sellar was to respyte the payment And if he be of the same towne the pryce of that corne or catall shall be payed vnto hym within .xl. dayes ¶ The .xx. Cha. NO constable shall dystrayne any knyght for to gyue money for kepynge of his castell if he hymselfe wyll do it in his propre persone or cause it to be done by another suffycient man if he may not do it hymselfe for a reasonable cause And if we do commaunde or send hym to our warres he shal be fre from castell warde for the tyme that he hath ben with vs in our hoste in fee for the which he
hath done to vs knyghtes seruyce in our warres ¶ The .xii. Cha. NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage except he paye the olde pryce lymytted that is to say for caryage with ii horse .x. d. a day for .iii. horse .xiiii. d. a day No demean carte of any spiritual person or knyght or any other lorde shall be taken by our baylyes Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by the leue of hym whose the wood is ¶ The .xxii. Chapiter UUe shall not holde the landes of them that be coÌ„uyet of felony but one yere and one daye and then those landes shal be delyueryd to the lordes of the fee. ¶ The .xxiii. Chapiter ALl werys fromhensforth shal be vtterly put downe by Thamys Medway and thorough all England but onely by the see costes ¶ The .xiiii. Chapiter A Wrytte that is called precipe in capite shal be fromhensforth graunted to no man vpon any freholde wherby a freman may lese his courte ¶ The .xxv. Chapitre ONe measure of wyne shall be thorugh all our realme one measure of ale and one measure of corne that is to say accordyng to the quarter of London and one bredth of dyed clothe russettes and haberiectes that is to say .ii. yardes within the lystes And as it is of weyghtes so shall it be of measures ¶ The .xxvi. Chapiter NO thynge fromhensforth shal be gyuen for a wrytte of inquisicion nor taken of hym that prayeth inquysicyon of lyfe or membres but it shal be graunted frely ¶ The .xxviii. Chapi IF any do hold of vs by fee fearme or by socage or burgage he holdeth landes of an other by knyghtes seruyce we shall not haue the custodye of his heyre nor of his lande which is holden of the fee of another man by reason of that fee ferme socage or burgage Nor we shall not haue the custodye of that fee ferme or socage or burgage except knyghtes seruyce be due vnto vs out of that fee ferme Nor we shal not haue the kepynge of the heyre or of any lande by occasyon of any pety feriantye that any man holdeth of vs by seruyce to paye a knyfe an arrowe or other lyke if the land be holdeÌ„ of an other lord by knyghtes seruyce ¶ The .xxviii. Chapiter NO bayllye fromhensforth shal put any man to his open lawe nor to an oth vpon his owne sayeng without faythfull wytnesses brought in for the same ¶ The .xxix. Chapiter NO fre man shal be taken or imprysoned or be dyssesyd of his freholde or lybertees or free customes or be outlawed or exyled or otherwyse dystrayned nor we shall not passe vpoÌ„ hym nor condempne hym but by lawfull iudgement of his peers or by the lawe of the land We shal sell to noman we shal denye nor deferre to noman nother iustyce nor ryght ¶ The .xxx. Chapiter ALl merchauntes if they were not openly prohybyt before shal haue theyr sauâ—e and sure conduytes to entre and departe to go and tarye in the realme as well by land as by water to bye and sell without any maner of yll tolles by the olde and ryghtfull customes excepte in tyme of warre And if they be of the lande makynge warre agaynste vs and be founde in our realme at the begynnyng of the warres they shal be attached without harme of body or goodê vntyll it be knowen vnto vs or our iustyces howe our merchauntes be intreated there in the lande makyng warre agaynste vs. And if our merchauntes be well intreated there theyrs shal be in lyke maner with vs. ¶ The .xxxi. Chapiter IF any man holde of any escheate as of the honor of walyngford No thyngham Boloyn or of any other eschetes which be in our handes as of any baronye and dye his heyre shall gyue none other relyef nor do none other seruyce to vs then he sholde to the baron if it were in the barons hande And we in the same wyse shall holde it as the baron helde it nor we shall not haue by occasyon of any such barony or escheate any escheate or kepyng of any of our men onles they doo holde of vs other where in chyef or els he that helde the baronye or escheate otherwheare helde of vs in chyef ¶ The .xxxii. Chapiter NO freman froÌ„hensforth shall gyue nor sell any more of his lande but so that of the resydue of the land the lord of the fee maye haue the seruyces due to hym which belonge to the fee. ¶ The .xxxiii. Chapiter AL patrones of abbeys which haue the kynges chartours of EnglaÌ„d of aduouson or haue olde â—enure or possessyon in the same shall haue the custodye of them when they fall voyde as it hath ben accustomed and as it is afore declared ¶ The .xxxiiii. Chapiter NO man shal be takeÌ„ or imprysoned vppon the appeall of a woman for the deathe of any other then of her husbande ¶ The .xxxv. Chapiter NO shyre courte fromhensforth shal be holdeÌ„ but from moneth to moneth and where greater tyme hath ben vsed it shal be kept so styll nor no sheryf nor his bayllyf shall kepe his tourne in the hundred but twyse in a yere And not but in due place and accustomed that is to saye ones after Easter and agayne after Myghelmas And the view of fraÌ„k pledge shall be lykewyse at the feast of Myghelmas without occasyoÌ„ So that euery man may haue his lybertees whiche he had or vsed to haue in the tyme of kyng Henry our grauÌ„dfather or which he hath purchased syus The vyew of frankpledge shal be so done that our peas maye be kepte And that the trythynge â—e holly kept as it hath ben accustomed And that the sheryfseke no occasyons that he be content with so muche as the sheryf was wonte to haue for his vyew makyng in the tyme of kyng Henry our graundfather ¶ The .xxxvi. Chapitre IT shall not be leful fromhensforth to any man to gyue his landes to any relygyous house and to take the same lande agayne to holde of the same house Nor it shall not be lefull to any house of relygion to take the landes of any man and to lese the same to hym of whome he receyued it If any man fromhensforthe gyue his landes after this maner to any relygyous house and therupon be conuycte the gyfie shall be vtterly voyd the lande shall retourne to the lorde of the fee. ¶ The .xxxvii. Chapiter EScuage fromhensforth shal be taken lyke as it was wont to be in the tyme of kynge Henry our graundfather reseruyng to all archbyshops bysshops abbottes pryors templets hospytelers erles barons and all persons aswell spirituall as temporall all theyr lybertes and fre customes whiche they haue had in tyme passed And all these customes lybertees aforesayd whiche we haue graunted to be holden within this our realme as much
woodes and pastures because the same feffees ought to haue sufficient pasture accordyng to theyr holde Thus it is prouyded and grauÌ„â—ed that whan so euer suche feffees â—o brynge an assyse of nouell dysseson for theyr comeÌ„ of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffyseth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture then let them be coÌ„tented therwith and they on whome it was coÌ„playned shal go quyte of that in so moch as they haue made theyr ê“fyte of theyr landes wasâ—e woodes and pastures And if they alledge that they haue not suffycyent pasture or suffycyent ingate outgate accordynge to theyr holde then let the truth be inquered by assyse And if it be sounde by the assyse that the same deforceours haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffycieÌ„t pasture as before is sayd then shall they recouer theyr sea son by vyew of the inqueste so that by theyr dyscrecyoÌ„ and othe the playntyfes shall haue suffycient pasture and suffycyeÌ„t ingate and outgate in fourme aforesayd And the dyssesors shal be amerced and shall yelde damages as they were wont before this prouysyon And if it be certefyed by the assyse that the playntyfes haue suffycient pasture with fre ingate and outgate as before is sayd let the other make theyr profyte or approuement of the resydue and go quyte of that assyse ¶ The .v. Chapiter LIkewyse it is prouyded graunted of the kynge that from hensforth vsuryes shal not reÌ„ne agaynst any beynge within age from the tyme of the deathe of his auncetour whose heyre he is vnto his lawful age so that notwithstandyng this the payment of the pryncypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is ¶ The .vi. Chapite OF heyres that be led away witholden or maryed by theyr frendes or by other with force agaynste our peas Thus it is prouyded that what so euer â—ay man be conuyct therof that he hath so witholden any chylde led away or maryed he shall yelde to the loser the value of the maryage And for the offence his bodye shal be taken and imprysoned vntyll he haue recompensed the loser if the chylde be maryed and further vntyll he hathe satisfyed the kynge for the trespas And this muste be done the heyre beyng within the age of .xiiii. yeres And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable coÌ„uenyeÌ„t maryage without dysperagement then his lorde shal hold his lande beyonde the terme of his age that is to saye .xxi. yeres so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude collusyon and after as it may be proued in the kynges courte And as touchyng lordes which marye those that they haue in warde to vyllayns or other as burgesses where they be dysperaged if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage then if his frendes coÌ„playne of that lorde he shall lose the wardshyp vnto thage of the heyre And all the profytes that therof shal be taken shall go to the vse of the heyre beyng within age after the dyscrecyon prouysyon of his frendâ— for shame done to hym but if he were xiiii yeres and aboue so that he may coÌ„sent and do consent to such maryage no payne shall folow If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be compelled therto but wheÌ„ he comyth to full age he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande and that whyther he wyll marye hymselfe or not for the maryage of hym that is within age of more ryght pertayneth to the lorde of the fee. ¶ The .vii. Chapiter OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder H. kynge the yere and daye It is prouyded that from densforth there be no mencyon made of so longe tyme but froÌ„ the tyme of kyng Henry our graundfather And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore And the wryttes before purchased shall procede wryttes of mortdauncetor of natiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande And this acte shall take effecte as before is declared wryttes oâ— nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme aforesayd and all wryttes purchased before shall procede ¶ The .viii. Chapiter TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke maner as one that is borne after matrymony all the byshops aunswered that they wolde not nor coulde not aunswer to it because it was dyrectly agaynst the order of the churche And all the byshopes instaunced the lordes that they wold coÌ„sent that all suche as were borne afore matrimony shuld be legytâ—ymate aswell as they that be borne within matrimonye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme and all the erles and batons with one voyce aunswered that they wolde not chaunge the lawes of the realme which hytherto haue ben vsed and approued ¶ The .ix. Chap. MOreouer it was enacted that euery freman which oweth sute to the countye trythyng hundred and wapeÌ„take or to the courte of his lord may frely make attorney to do the sutes for hym ¶ The .x. Chapiter OF trespasers in parkes and warrens it is not yet dyscussed for the lordes demaunded the propre imprysonment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed wherfore it was deferred ¶ Here endeth the statute of Merton ¶ The statute of Marlebrygge THe yere of grace a. M. CC .lxvii. the .lii. yere of the raygn of kyng H. son of kyng IohaÌ„ in yvtas of S. Martyn for the bettar estate of this realme of England for the more spedy minystracion of iustyce as belongeth to â—hoffyce of a kynge the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree It was prouyded agreyd ordeyned that where aâ— the realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons for reformacyon wherof statutes and lawes be ryght necessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes ordynaunces and statutes vnder wrytten whiche
he wylleth to be obserued for euer more stedfastely inâ—yolably of all his subiectes aswell of hyghe as of lowe degree ¶ The fyrst Chapiter UUhere as at the tyme of an insurreâ—â—yon late moued within this realme and lykewyse after many great men and dyuerse other refusynge to be iustefyed by the kyng and his court lyke as they ought were wont in the tyme of the kynges noble progenitours also in his tyme â–ª but â—oke great ponyshmentes dystresses of theyr neyghbours of other vntyl they had ameÌ„des raunsom at theyr owne pleasure And further som of them wold not be iustefyed by the kynges offycers nor wolde not suffre them to make delyuere of suche dystresses as they had taken of theyr owne auctorite It is prouyded agreyd grauntyd that all persones aswell of hyghe as of lowe estate shall receyue iustyce in the kynges courte And none from hensforth shall take any such dystres of his owne auctoryte without award of our court though he haue damage or â—â—urye wherby he ought to haue amendes of his neyghbour other hygher or lower And vpon the foresayd artycle it is prouyded and graunted that if any from hensforth take such dystresses of his owne auctorite without awarde of our courte as be â–ª fore is sayd and be conuycte therof he shal be ponyshed by raunsome and that accordyng to the trespas And lykewyse if one neyghbour take a dystres of another without awarde of our court wherby he hath damage he shall be ponyshed lykewyse and that after the quantyte of the trespas And neuertheles suffycient and full amendes shal be made to them that haue sustayned losse by suche dystresses ¶ The .ii. Chapiter MOrcouer none of what estate so euer he be shall dystrayne any to come to his courte whiche is not of his fee or haue no iurisdiccyon ouer hym by reason of his hundred or baylewyke nor shall take no dystresses out of the fee or place where he hath no baylewyke nor iurisdyccyon And he that offendyth agaynste this statute shall be ponyshed in lyke maner and that accordynge to the quantyte of the trespas ¶ The .iii. Chapiter IF any of what estate so euer he be wyll not suffer suche dystresses as he hath taken to be delyuered by the kynges offycers after the lawe and custome of the realme or wyll not suffer somons attachementes or execucions of iudgementes gyuen in the kynges court to be done he shal be ponyshed in maner afore sayd as one that wyl not obey the lawe And if any of what estate so euer he be dystraune his tenaunt for seruyces and customê beyng due vnto hym or for any other thyng wherby the lorde of the fee hath cause to dystrayne and after it is found that that same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme but shal be amerced as hytherto hath ben vsed â–ª the tenaunt shall recouer his damages agaynste hym ¶ The .iiii. Chapiter NOne froÌ„hensforth shall cause any dystres that he hathe taken to be dryuen out of the countye where it was taken And if one neyghbour do so to an other of his owne auctoryte without iudgemeÌ„t he shal be raunsoned as aboue is sayd as for a thynge done agaynste the peaâ—e Neuertheles if the lorde presume so to do agaynste his tenaunt he shal be greuously ponyshed by amercyment onely Moreouer the dystresses shal be reasonable and not to great And he that taketh great and vnreasonable dystresses shal be greuously amerced for the excesse of suche dystresses ¶ The .v. Chapitre THe great chartour shal be obserued in all his artycles aswell in such as pertayne to the kyng as to other that shal be inquered afore the iustyces errant in theyr iourneys and afore the sheryfeâ— in theyr countyes when nede shal be And wryttes shall be frely graunted agaynste them that do offende before the kynge or the iustyces of the bench or be fore iustyces errant then they come into those partyes lykewyse the chartour of forestes shal be obserued in all his artycles and the offenders when they be coÌ„uyete shal be greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned ¶ The .vi. Chapiter AS touchyngr them that vse to infeâ—â—e theyr eldyst sones and heyres beyng within age for to defraude the lordes of the fee of theyr wardshyps It is prouyded and agreyd that by occasyon of any such feffement no chyef lord shall lâ—â—e his warde Moreouer of them that fayne â—aâ—se feffementes of theyr landes which they wold lâ—sse for terme of yeres for to defraude the chyef lordes of theyr wardes And it is conteyned in the feffementes that they are satysfyed of thoâ—e seruy 〈…〉 vnto them vntyll a certayne terme so that if such feffees are bounde at the sayd terme to pay a certayne sum to the value of the same landes or fer aboue so that after such terme the lande shall retourne to them or to theyr heyres because no man wylde contenâ—â—o holde â—â— vpon the pryce It is prouyded and agreyd that by such fraude no chyef lord shall lese his warde neuertheles it shall not be lefull to them to dyssease suche feffees without iudgement but they shall haue a wrytte for to haue such a warde restored vnto them and by the wytnesses contayned in the dede of feffement with other fre and lawfull men of the countre and by the value of the lande by the quantyte of the same payable after that terme it shal be tryed whyther such feffementes were made vpon confydence or by colusyon to defraude the chyef lordes of the fee of theyr wardes And if the chyef lordes in such cases recouer theyr wardes by iudgement the feffees shall neuertheles haue theyr accyon to recouer suche terme or fee whiche they had therin when the heyres come to theyr lawfull age And if any chyef lordes do malycyously implede suche feffees faynynge this case where the feffementes were made lawfully vpon truste then the feffees shall haue theyr damages awarded and theyr costes whiche they haue sustayned by occasyon of the foresayd plee and the playntyfes shal be greuously ponyshed by amercyment ¶ The .vii. Chapiter IN a comon plee of warde if the detorceours come not at the great dystrâ—es then the sayde wrytte shal be renewed twyse or thryse as it may be with in the moyâ—e of the yere folowynge so that euery â—yme the wrytte shal be red in the full shyre if the deforceour be not founde before and there openly be denounced that he maye come at the daye lymytted then if he be absent hymselfe so that he come not to aunswer within the sayde haâ—fe yere nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of
the fyrste daye that he is so moued nor caste no essoyne then he shal be attached at another day at which day if he come not nor caste none essoyne he shal be dystrayned by the great dystres aboue gyuen And if he come not then by his defauâ—e a wrytte shall go to the byshop of the same place that the clayme of the dystourbour for that tyme shall not let the playntyf sauyng to the dystourbour his ryght at another tyme when he wyll plede therfore The same lawe shal be obserued in makyng attachementes in all wryttes where attachementes lye as in makyng dystresses so that the secounde attachement shal be made by bettar sure tyes and afterwarde the laste dystres ¶ The .xiii. Chapiter ANd it is to be knoweÌ„ that after that a man hath putte hymselfe to any inqueste the whiche muste passe in suche wryttes he shall haue but one essoyne or defaute so that if he come not at the day gyueÌ„ to hym by the essoyne or make defaute the secounde daye then the inqueste shal be taken by his defaute and accordyng to the inquest they shall procede to iudgement And if suche inquest be taken in the shyre before the sheryf or coroner it shal be sente vnto the kynges iustyces at a certayne day and if the partye defendaÌ„t come not at that day then through his defaute another day shal be assygned to hym after the dyscrecyon of the iustyces and it shal be commaunded to the sheryf that he cause hym to come to here the iudgement if he wyll accordyng to the inquest at which daye if he come not through his defaute they shall procede to iudgement In lyke maner it shal be done if he come not at the day gyuen vnto hym by his essoyne ¶ The .xiiii. Chapiter COncernyng chartours of exempcyon lybertees that the purchasours shall not be impanelled in assyses iuryes and inquestes it is ê“uyded that if theyr othes be so requisyte that without them iustyce can not be done as in great assyses perambulacyons and in dedes or wrytynges of couenauntes where they be named for wytnesses or in attayntes in other cases lyke they shal be coÌ„pelled to swere sauyng to them at another tyme theyr foresayd lyberte and exempcyon ¶ The .vii. Chapiter IT shal be lefull to no man froÌ„hensforthe for any maner of cause to take dystresses out of his fee nor in the kynges hygh way nor in the comeÌ„ strete but onely to the kyng or his offycers hauyng specyall aucroryte to do the same ¶ The .xvi. Chapiter IF any heyre after the death of his auncetor be within age and his lorde haue the warde of his landes and tenementes if the lorde wyll not rendre vnto the heyre his land when he cometh to his full age without plee the heyre shall recouer his lands by assyse of mort dauncetour with the damages that he hath sustayned by such witholding syns the tyme that he was of full age and if any heyre all the tyme of his auncetors death be of full age and he his heyre apparaunt and knowen for heyre and be found in the inherytauÌ„ce the chyef lord shall not put hym out nor take nor remoue any thyng there but shal take onely symple season therof that he may be knowen for lorde And if the chyef lorde do put such an heyre out of possessyoÌ„ malyeyously wherby he is dryuen to purchase a wrytte of mortdauncetor or of cosynage then he shall recouer his damages as in assyse of nouell dysseson Of heyres which hold of the king in chief this order shal be obserued that our soue â–ª raygne lord the kyng shal haue the fyrst season of theyr landes lyke as he was wont to haue before tyme nor the heyre nor any other shall entre into the inherytaunce before he hath receyued it out of the kynges handes as the same inherytaunce was wonte to be taken out of his handes and his auncetors And this must be vnderstandeÌ„ of landes fees the whiche were accustomed to be in the kynges handes by reason of knygh tes seruyce or serâ—auntye or ryght of patronage ¶ The .xvii. Chap. IT is prouyded that if lande holden in socage be in the kepynge of the frendes of the heyre because the heyre is within age the kepars shall make no waste nor sale nor any dystruccyon of the same inherytaunce but sauâ—ely shall kepe it to the vse of the sayde heyre so that when he comyth to his lawfull age they shall aunswere to hym of the issues of the sayde inherytaunce by a lawfull accounte sauynge to the same kepars theyr reasonable costes nor the sayd kepars shall nether gyue nor sell the maryage of such an heyre but to the aduauntage of the sayd heyre but the next frendes whiche had his wardshyp for all that tyme that wryttes of impledynge dyd not lye shall haue suche wardshyp vnto the aduauntage of they re as is sayd before without waste sale or dystruccyon makyng ¶ The .xviii. Chapiter NO eschetour or iquysitor or iustyce specyall assygned to take assyses or to here determyne matters from hensforth shall haue power to amerce for defaute of comon somons but the chyef iustyces or the iustyces â—rrant in theyr iourneys ¶ The .xix. Capittell FOr essoynes it is prouyded that in shyre courtes hundredes courte barons or in other courtes none shall nede to swere to warrante his essoyne ¶ The .xx. Chapiter NOne from hensforthe excepte our soueraygne lorde the kynge shall holde in his courte any plee of false iudgement gyuen in his courte by his tenauntes for such plees specyally belong to the crowne and dignyte of our soue raygne lorde the kyng â–ª ¶ The .xxi. cha IT is prouyded also that if the bestes of any man be taken and wroÌ„gfully witholden the sheryf after complaynt made to hym therupon may delyuer theÌ„ without let or gaynsayenge of hym that toke the bestes if they were taken without his lybertees and if the bestes were taken within any lybertees and the baylyffes of the lyberte wâ—l not delyuer them then the sheryf for defaute of those bayllyffes shall cause them to be delyuered ¶ The .xxii. Chapiter NOne froÌ„hensforth shall dystrayne his freholders to aâ—swer for theyr freholde nor for any thynge touchynge theyr frehold without the kyngê wrytte nor shall cause his freholders to swere agaynst theyr wylles for no man ought to do that without the kynges commauÌ„dement ¶ The .xxiii. Capitter IT is prouyded also that if bayllyffes which ought to make accouÌ„t to theyr lordes do withdrawe themselues and haue no landes nor tenementes wherby they maye be dystrayned then they shal be attached by theyr bodyes so that the sheryf in whose baylewyke they be found shal cause them to cum to make theyr accounte Also fermers durynge theyr termê shal not make waste sale nor dystruccyoÌ„ of houses woodes and men nor of any thynges belongyng to the tenementes that they haue to ferme with out specyall lycense had by wrytyng of
couenaunt makyng mencyon that they maye do it and if they do and therof be conuycte they shall yelde full damages and be amerced greuously ¶ The .xxiiii. Chapiter THe iustyces errant shall not fromhensforth amerce towneshypes in theyr circuytes because all beynge .xii. yeres olde came not afore the sheryffes coroners to make inquery of robberyes burnynges of houses other thynges pertaynyng to the corown so that there come suffycient out of those townes to make such inquestes fully except inquestes for the death of a man where â—â— all beyng .xii. yeres of age ought to appâ—ere oneles they haue reasonable cause of absence ¶ The .xxv. Chapiter MUrdre that chaunceth by mysfortune onely fromhensforthe shall not be inquered afore our iustyces but only for the murders of such as be slayne felonously and not otherwyse ¶ The .xxvi. Chapiter IT is prouyded that none beynge vouched to warrantye before our iustycâ—s in a plee of lande shal be amerced fromhensforthe because he was not present when he was called to warrantye except the fyrst daye of the comyng of the iustyces but if he were vouched within the shyre then the sheryf shal be commaunded to cause hym to com with in the .iii. or .iiii. daye accordynge to the dystaunce of the place as it was wonte to be done in the circuyte of the iustyces And if he dwell without the shyre then he shall haue reasonable somons of .xv. dayes at the least after the dyscrecyon of the iustyces and the comen lawe ¶ The .xxvii. Chapitre IF a clerke for any cryme or offence touchyng the crowne be arrested â— afterwarde by the kynges commaundement let to bayle or repleuyzed so that they to whome he was let to bayle shold haue hym before our iustyces The sure tyes fromhensforth nor they to whome he was let to bayle shall not be amerced if they haue his body before our iustyces although he wyl not nor caÌ„ not auÌ„swer before them by reason of clerkes pryuylege ¶ The .xxviii. Chapiter IT is prouyded that if any depredacyons or extorcions be done to abbottes or other prelates of the churche and they haue suyd theyr ryght for such extorcyoÌ„s and be preuented with death before iudgemeÌ„t gyuen therin theyr successours shall haue accyons to recouer the goodes of theyr churche out of the haÌ„des of such trespasers Moreouer the successours shall haue lyke accyon for such thynges as were lately withdraweÌ„ by suche vyolence from theyr house and churche before the death of theyr predecessours though the sayde predecessors dyd not pursue theyr ryght during theyr lyues And if any abate into the landes or tenementes of such relygyous men in tyme of vacacyoÌ„ of which landes theyr predecessours dyed sesyd as in the ryght of theyr church the successours shal haue a wrytte to recouer theyr season And damages shall be awarded them as in assyse of nouell dysseson is wont to be ¶ The .xxix. Chapiter IT is prouyded also that if suche alyenacyons wherupon a wrytte of entre was wont to be graunted hap to be made in so many degrees that by reason therof the same wrytte can not be made in the fourme before tymes vsed the playntyfes shall haue a wrytte to recouer theyr season without makyng meÌ„cion of the degrees In whose handes so euer the same thyng shal happen to com by such alyenacyon and that by an orygynall wrytte to be prouyded therfore by the counsell of our soueraygne lorde the kynge ¶ Here endeth the statute of Marlebrygge ¶ Here begynneth the fyrste statute of westmynster made the .iii. yere of kynge Edwarde the fyrste THese be the actes of kynge Edwarde sone to kynge Henry made at westmynster at his fyrst parlyament generall after his coronacion the mondaye of Easter vtas the .iii. yere of his raygne by the counsell assence of arche byshops byshops abbottes pryours erles barons and all the comynalte of the realme beyng thyther somoned because our soueraygne lord the kyng had great wyll and desyre to redresse thestate of the realme in such thynges as required ameÌ„ dement for the common profyte of holy churche and of the realme And because thestate of holy churche had ben euyll kepte the prelates and relygyous persones of the lande greuyd many wayes and the people otherwyse intreated then they ought to be and the peas les kept and the lawes â—es vsed and the offenders vnponyshed wherby the people of the realme feared the les to offend the kyng hath ordeyned and establyshed these actes vnderwrytten which he entendeth to be necessarye and profytable vnto the hole realme ¶ The fyrst Chapiter FIrste the kynge wylleth coÌ„mauÌ„deth that the peas of holy churche and of the lande be wel kept mayntenyd in all poyntes And that comon ryght be done to all aswell pore as ryche without respecte of persones And because that abbottes and relygyous men of the lande haue ben ouercharged and sore greuyd by the comyng of great men and other so that theyr goodes haue not ben suffycyent for themselues wherby they haue ben greatly hyndered and empoueryshed that they can not maynteyne themselues nor suche charyte as they haue ben accustomed to do It is prouyded that none shall come to eate or lodge in any house of relygion that is not of his owne foundacion at the costes of the house without he be requyred by the gouernour of the house before he came thyther And that none at his owne costes shall come in there to lye agaynst the wyll of them that be of the house and by this statute the kynge entendyth not that the grace of hospytaly te shuld be withdrawen froÌ„ such as nede nor that the fouÌ„ders or patrones of such monasteryes shold ouer charge or greue them by to often comyng It is prouyded also that none neyther hygher nor lower by colour of patent specyalte or other promyse nor by any other occasyon shall not hunte in any parke nor fyshe in any ponde or ryuer nor come to ete or to lodge in the house or maner of a preâ—are or any other religyous person agaynst the wyll of the lorde or his bayllyfe neyther at the costes of the lorde nor at his owne And if he come in or entre with the good wyll or agaynste the wyll of the lorde or bayllyffe he shall cause no dore locke nor wyndow nor no maner of place to be opened nor shal not fyshe hymselfe nor none other for hym nor shall take no maner of vytayll or other thynge by colour of byeng nor otherwyse and that none shall throsh corne nor take corne or any maner of vytayl nor other goodes of prelate maÌ„ of religyon or any other clerke or laye person by colour of byeng nor otherwyse agaynste the wyll and lycense of hym to whome the thyng belongeth nor of any wardeyn within a towne merchaunt or without And that none shal take horses oxen ploughes cartes shypps nor barges to make caryage without the assent of hym to whome such thynges belong And if
of Marlebrygge made in the tyme of kyng Henry father to the kyng that nowe is And lykewyse it shal be dou to theÌ„ which take bestes wrongfully that dystrayne out of theyr fee shal be more greuously ponyshed if the maner of the trespas do so requyre ¶ The .xvii. Chapitre IT is prouyded also that if any froÌ„ hensforth take the beastes of other and dryue them into a castell or fortreâ—â—e and there within the close of such castell or fortresse doo witholde them agaynste gages and pledges wherupon the beastes be solempnly demaunded by the sheryf or by some other bayllyf of the kynges at the sute of the playntyf the sheryf or bayllyf takyng with hym the power of his shyre or baylewyke shall assaye to make pleuyn of the beastes to hym that toke them or to his lord or to other beynge seruauntes of the lorde what so euer they be that are founde in the place wherunto the beastes were enchased if any deforce hym of the delyueraunce of the beastes or that no man be founde for the lorde or for hym that toke them for to aunswer make the delyuerauÌ„ce After that the lorde or taker shal be admouyshed to make delyueraunce by the sheryf or bayllyf if he be in the countre or nere or there where he may be conuenyently warned by the taker or by any other of his to make delyueraunce if he were out of the couÌ„tre when the takyng was and dyd not cause the beastes to be delyuered incontynent Then the kynge for the trespas and despyte shall cause the sayde castell or fortres to be beaten downe without recouere And all the damages that the plaintyf hath sustayned in his beastes or in his gaynure or any other wyse after the fyrst demauÌ„de made by the sheryf or baâ—lyf for the beastes shal be restored to hym double by the lorde or by hym that toke the beastes if he haue wherof and if he haue not wherof he shall haue it of the lord at what tyme or in what maner the delyuerauÌ„ce be made after that the sheryf or bayllyf shall com to make delyueraunce And it is to wyte that where the sheryf ought to retourne the kynges wrytte to the bayllyf of the lorde of the 〈…〉 or fortres or to any other to whom the retourne belongeth if the bayllyf of the fraunchyse wyll not make delyueraunce after that the sheryf hath made his retourne vnto hym then shall the sheryf execute and do his offyce without further delaye vpon the foresayd payne notwithstandyng any suche lyberte And if that be done in the marches of wales or iÌ„ any other place where the kynges wryttes be not currant the kynge whiche is chyef and soueraygne lord ouer all shal do ryght therin to such as wyll complayne ¶ The .xviii. Chapitre FOr asmuch as the comen fyne and amercymeÌ„t of the hole couÌ„tye iÌ„ eyre of the iustyces for false iudgementes or for other trespasses is vniustly assessed by sheryfes and extorcyoners in the shyres so that the summe is many tymes in creasyd and the parcelles otherwyse assessed then they ought to be to the damage of the people whiche be manye tymes payed to the sheryfes and extorcâ—oners which do not acquyte the payers It is prouyded and the kynge wyll that from hens forth suche summes shal be assessed before the iustyces in eyre afore theyr departure by the othe of knyghtes and other lawfull men vpon all such as ought to paye And the iustyces shall cause the parcelles to be put in theyr estretes which shal be delyuered vp inâ—â— theschequer not the hole summe ¶ The xix Chapitre IN ryght of sheryff or other which aunswer by theyr owne handes vn to the eschequer and whiche haue receyued of the kynges fathers dettes or the kynges owne dettes before this lyme haue not acquyted the dettours in the eschequer It is prouyded that the kyng shall sende good lawfull men through euery shyre to here all such as wyll complayne therof and so to end the matters there that all such as can proue that they haue payed shal be therof acquyted for euer which whyther the sheryfs or other be lyuyng or dead shall haue restitucy on of theyr owne in a certayn fourme And suche as haue not so done if they be lynyng shal be greuously ponyshed And if they be dead theyr heyres shall be charged with the deâ—â—â— And the kynge hath commaunded thaâ— sheryfs other afore sayde shall fromhensforthe lawfully acquâ—â—â—â—he deâ—tours at the nert accounte after they 〈…〉 such dettes and then the dette shal be allowed in theschequer so that now it shall not com in the somons And if the sheryf otherwyse do and therof be attaynted he shall pay to the playntyf thryse asmâ—che as he hath receyued be raunsomed at the kynges plesure And let euery sheryf take hede that he haue a receyuour for whoÌ„ he wyl aunswer for the kyng wylbe aâ—swered for al of the sheryfs theyr heyres And if any other that is aunswerable to the shequer by his owne handes so do he shall yelde thryse so moch to the playntyf be raun somed in lyke maner And that the sheryffes shall make taylles to all suche as haue payed theyr dette to the kyng and that the somoÌ„s of theschequer be shewed to all dettours that demaunde a lyght therof without denyeng to any and that without takyng any money or reward and he that doyth contrarye shal be greuously ponyshed by the kynge ¶ The .xx. Chapitre IT is prouyded also for trespassers in parkes and warreÌ„s that if any be therof attaymed at the sute of the partye great large amendis shal be awarded accordynge to the trespas and .iii. peres imprysonment and after shal be â—aunsomed at thâ— kynges pleasure if he haue wherof and then shall fynde good suretye that after he shall not commytte lyke trespas And if he haue not wherof to be raunsomed after .iii. yeres imprysonment he shall fynde lyke suretye and if he can not fynde suretye he shal abâ—ure the realme And if any such trespasser be fugytyf and haue no lande nor tenement suffycyent wherby he maye be iustefyed so sone as the kynge shall fynde it by in quest he shal be demaunded from shyre to shyre and if he come not he shall be out lawed It is prouyded also that if none do sue within a yere and a daye for the trespas done the kyng shal haue the sute And suche as be founde gylte therof by lawfull inquest shal be ponyshed by lyke maner in all poyntes as aboue is sayd And if any such trespasour be attaynted that he hath takeÌ„ beastes deare or other thyng in his parkes by maner of robborye in comyng taryeng or retournyng â–ª let the comen lawe be executed vpoÌ„ hym as if he were attaynted of open theft and robborye aswell at the sute of the kynge as of the partye ¶ The .xxi. Chapt. IN ryght of laÌ„des of heyres beyng within age
and in warde of theyr lordes It is prouyded that the wardeyns shal kepe sustayne the landes without dystroyeng any thyng And that of such maner of wardes shal be done in all poyntes as is coÌ„teyned in the great chartoue of lybertes made in the tyme of kynge Henry father of the kyng that nowe is that it be so vsed from hensforth And lykewyse shal be done of wardes of arche byshoprykes byshoprykes abbacyes churches and all spirituall dygnytes in tyme of vacacyon ¶ The. xrii. Chap. OF heyres maryed within age agaynst the wyl of theyr kepars afore that they be paste thage of .xiiii. yeres it shal be done accordyng as it is conteyned in the statute of Merton And of them whiche shal be maryed agaynst the wyll of theyr kepars after they be past thage of â–ª xiiii yeres the kepar shall haue the double value of theyr maryage after the teuour of the same acte Moreouer such as haue withdrawen theyr maryage shal pay the full value therof vnto theyr kepar for the trespas and neuertheles the kynge shall haue lyke amendes accordyng to the same acte of hym that so hath withdrawen And of heyres femals after they haue accomplyshed the age of .xiiii. yeres and the lorde to whom the maryage belongyth wyl not marye them but for coueâ—yse of the land wyll kepe them vnmaryed It is prouyded that the lord shall not haue nor kepe by reason of maryage the landes of such heyres femals more then two yeres after the terme of the sayd .xiiii. yeres and if the lord within the sayd two yeres do not marye them then shall they haue accyoÌ„ to recouer theyr inherytauÌ„ce qwyte without gyuenge any thynge for theyr wardshyp or theyr maryage And if they of malyce or by euyll counsell wyll not be maryed by theyr chyef lordes where they shall not be dysparaged then theyr lordes may holde theyr lande and inherytauÌ„ce vntyll they haue accomplyshed thage of an heyre male that is to wyte .xxi. yeres and further vntyll they haue taken the value of the maryage ¶ The .xxiii. Chapitre IT is prouyded also that in no cyte borugh towne market nor fayre there be no foreyn persone beyng of the realme dystrayned for any dette wherof he is not dettour or pledge he that doyth it shal be greuously ponyshed with out delaye and the dystres shal be delyuered to hym by the bayllyffes of the place or by the kynges bayllyffes if nede be â–ª ¶ The .xxiiii. Chapitre IT is prouyded also that no eschetour sheryf nor other baylyf of the kyng by colour of his offyce without specyall warraunte or commaundement or authoryte certayne pertayâ—ynge to his offyce dyssese no man of his srehold nor of any thyng belongyng to his â—rehold And if any do it shal be at the eleccâ—on of the dyssesye whyther that the kyng by offyce shall cause it to be amended at his complaynte or that he wyll sue the comen lawe by an assyse of nouell dyâ—ieson and he that is attaynted therof shal pay double damages to the playntyte shal be greuously amerced vnto the kynge ¶ The .xxv. Chapiter NO offycer of the kynges shal maynteyne by themselues nor by other plees sutes or matters hangyng in the kynges court for landes tenementes or other thynges for to haue parte or profytte therof by couenaunt made betwen them he that doyth shal be ponyshed at the kynges pleasure ¶ The .xxvi. Chapitre ANd that no sheryffe nor other the kynges offycer take any rewarde to do his offyce but shal be payed of that they take of the kynge and he that â—o doyth shall yeâ—de â—wyfe somuche shall be ponyshed at the kynges pleasure ¶ The .xxvii. Chapiter HAd that no clerke of any iustyce eschetour or inquysit our shal take any thyng for deliueryng chapâ—â—tes but onely clerkes of iustyces errant in theyr cyrcuyte which shal take .ii. s. no more of euery wapentake hundred or towne that aunsweryth by .xii. or by .vi. accordyng as the amercyment hath ben vsed and he that doyth contrarye shall paye thryse somuche as he hath taken shall lose the seruyce of his mayster for one yere ¶ The .xxviii. Chapiter HAd that none of the kynges clerkes nâ—â— of any iustyce from hensforth shall râ—â—â—â—â—e the preseÌ„tment of any church for â—â—â— which any plee or debate is in the kynges courâ—e without specyal by 〈…〉 of thâ— kynge and that the kynge for 〈…〉 to lese the church and his 〈…〉 and that no clerk of any 〈…〉 oâ—â—â—â—â—yf take â—aâ—â—e in any quarelles or 〈…〉 in the kynges courte nor make nor cause comen ryght to be delayed or dystourbed and if any so do be shal be ponyshed by the payne afore sayd or more greuously if the trespas so requyre ¶ The .xxix. Capiter IT is prouyded also that if any seruaunt pleder or other do any maner of dysceyt or collusyon in the kynges courte or consent to do it in derogacion of the court or to begyle the court or the partye and therof be attaynted he shall be imprysonâ—d for a yere and a day and froÌ„thensforth shall not be herd to pleâ—e in that courte for any man And if he be no pleder he shal be imprysoned in lyke maner by the space of a yere and a daye at the least And if the trespas requyre greater ponyshment it shal be at the kynges pleasure and for asmuche as many complayne themselues of the serâ—auÌ„tes cryours of fee and the marshalâ—es of iustyâ—es in cyre takyng money wrongfully of suche as recouer season of lande or of them that optayne theyr matters of that leuye fynes and of iurours townes prysoners and of other attached vpon plees of the crowne otherwyse then they ought to do in dyuers maners And for asmuche as there is a greatter noumbre of them then there ought to be wherby the people are so greued the kyng commaundeth that such thynges be no more done fromhensforth And if any seriaunte of fee do it his offyce shal be taken into the kynges handes and if any of the iustyces marshals do it they shal be greuously ponyshed at the kynges pleasure and aswell the tone as the tother shall paye to all playntyfes the treble value of that they haue receyued in suche maner ¶ The .xxx. Chap. OF suche as take outrageous tolles agaynste the comen custome of the realme in market townes It is prouyded that if any do so in the kynges townes that is bayllyf in fee ferme the kyng shal sese into his owne haÌ„d the fredom of the market And if it be an other towne and it be done by the lorde of the towne the kyng shall do in lyke maner and if it be done by a bayllyf without commaundement of his lorde he shall restore to the playntyf asmoche more for the outrageous takynge as he had of hym if he had caryed his toll and shall haue .xl. dayes imprysonment of cytezyns or but gesses to whome the kyng or his father hath graunted
for the ryght of prelates men of relygion and other to whome landes nor tenementes can no wyse dyscende after others death whyther they be dyssesyes or dyssesours And if the partyes in pledyng come to the inquest and it passeth agaynste the heyre within age and namely agaynste the heyre of the dyssesye then â— such case he shal haue an attaynte of the kynges specyall grace ¶ The .xlvii. Chapitre IF a wardeyn or chyef lorde infeffe any man of lande that is thynherytaunce of a chylde within age and in his warde to the dysherytaunce of the heyre It is prouyded that the heyre shal forth with recouer by assyse of nouel dysseson agaynst his kepar and agaynst the tenant and the seson shal be delyuered by the iustyces if it be recouered to the next frende of the heyre to whome the inherytaunce can not dyscende for to improue to the vse of the heyre and to aunswere for the issues vnto the heyre when he shal come to full age and the kepar for his lyfe shall lese the custodye of the thynge recouered and all the inherytaunce that he holdeth by reason of the heyre and if another wardeyn then the chyef lord do it he shall lese the wardshyp of all to gyther and be greuously ponyshed by the kyng And if the enfauÌ„t be caryed away or dystourbed by the wardeyn or by the feffee or by other by reason wherof he can not sue his assyse then maye one of his next frendes that wyll sue for hym which shal be therto admytted ¶ The .xlviii. Chapitre IN a wrytte of dower called vnde nihil habet the wrytte shall not abate by the excepcion of the tenaunt because she hath receyued her dower of another man before the wrytte purchased onles that he can shew that she hath receyued parte of her dower of hymselfe and in the same towne before the wrytte purchased And for asmuch as the kyng hath ordeyned these thynges to the honour of god and holy church and for the remedy of suche as be greued he wolde not that any other tyme it shulde turne in preiudyce of hymself or of his crown but that such ryghtes as appertayne to hym shulde be saued in all poyntes And for asmuche as it is great charite to doo ryght vnto all men at all tymes when nede shal be by the assent of all the prelates it was prouyded that assyses of nouell dysseson mortdauncetour and darreyn presentment shulde be taken in aduente septuagesme and lente euen aswell as a man maye take inquestes and that at the specyall request of the kynge made to the byshops ¶ Here endyth the fyrst statute of westmynster ¶ The statute of Gloucestre made the .vii. yere of kyng Edwarde the fyrste ⸫ FOr the great myschyefes damages and dysherytauÌ„ces that the people of this our realme of Englande haue heretofore suffered through defaute of the law that fayled in dyuerse cases within our sayd realme Our soueraygne lorde the kyng for the amendemeÌ„t of the realme for the releuyng of the people and to eschewe suche myschyefes damages and dysherytaunces hath prouyded and establyshed these actes vnderwrytten wyllyng and commauÌ„dyng that fromhensforthe they be fyrmely obserued within this realme ¶ The fyrste Chapiter UUher as heretofore damages wee not awarded in assyses of nouell dysseson but onely agaynst the dyssesors It is prouyded that if the dyssesours do alyene the landes and haue not wherof there may be damages leuyed that they to whose handes such tenementes shall come shal be charged with the damages so that euery one of them shal be charged with the damages for his tyme. It is prouyded also that the dyssesye shall recouer damages in a wrytte of entre grounded vpon dysseson agaynste hym that is founde tenaunt after the dyssesour It is prouyded also that where before this tyme damages were not awarded in a plee of mortdauncetour but in case where laÌ„des wer recouered agaynst chyef lordes that fromhensforth damages shal be awarded in all cases where a man recouereth by assyse of mortdaunce tour as before is sayd in assyse of nouell dysseson and lykewyse damages shal be recouered in wryttes of cosynage ayel besayell and where as before tyme damages were not taxed but to the value of the issues of the lande It is prouyded that the demaundant shall recouer agaynst the tenaunt his costes from the day of his wrytte purchased with the damages aboue sayde And this acte shall holde place in all cases where the party is to recouer damages And fromhensforth the partye shal be compelled to pay damages where the lande is recouered agaynst hym for his owne intrusyon or other vnlawfull acte ¶ The .ii. Cha. IF a chyloe within age be holdeÌ„ froÌ„ his inherytaunce afte the deathe of his father graundfather or great graundfather wherby he is dryuen to his wrytte and his aduersarye comyng into the court and for his aunswere alledgyth fesfemeÌ„t or pledyth some other thynge wherby the iustyces awarde an inquest wheras before the inqueste was deâ—erred vnto the full age of thynfant nowe the inquest shall passe aswell as if he were of full age ¶ The .iii. Chapitre IT is establyshed also that if a man alyene any land that he holdeth by the lawe of Englande his sonne shall not be barred by the dede of his father from whome no herytage to hym dyscended to demaunde and recouer by wrytte of mort dauncetour of the season of his mother although it be meÌ„cyoned in the dede that his father dyd bynde hym and his heyres to warrauÌ„tye And if the inheritauÌ„ce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritauÌ„ce to hym dyscended And if in such case after the death of his father the inherytaunce dyscende to hym by the same father then shall the heyre recouer agaynst hym of the season of his mother by a iudycyal wrytte that shall issue out of the rolles of the iustyces before whom the plee was pleded to resomon his warrauntye as before hath be done in lyke cases where the heyre of the warrauntour cometh into the court sayeng that naught dysceÌ„ded from hym vpon whose dede he is vouched And in lyke maner the issue of the sonne shall recouer by wrytte of cosynage ayell and besayell Lykewyse and in lyke maner the heyre of the wyfe shall not be barred after the death of his father and his mother for to demaunde by accyon the inherytaunce of his mother by wrytte of entre which his father dyd alyene in the tyme of his mother wherof no fyne is leuyed in the kynges court ¶ The .iiii. Chapitre ALso if à man let his lande to ferme or to fynde estouers in meate or in clothe amountyng to the very value of the .iiii. parte of the lande and he that holdeth the lande so charged lettys it lye freshe so that the partye can fynde no dystres there by the space of .ii. or .iii. yeres to compell the fermour to payment
sheryf shal be comaunded that in propre person he shal take with hym .xii. c. and shal go to the place wasted and shal inquere of the waste done shall retourne an inqueste and after the inqueste retourned they shal passe to iudgemÌ„t lyke as it is contayned in the statute made at Gloucestre ¶ The .xv. Chapitre IN all cases where as suche as be within age maye be impleded it is ordeyned that if such be â—loygned so that they can not sue personally theyr nexte frendes shal be admytted to sue for them ¶ The .xvi. Chapiter IN case where any land descendyth to one beynge within age of the fathers syde that helde of one lorde and of the mothers syde that helde of another lord there hath ben hytherto great dout for the maryage of such heyre to which of the two lordes it shulde belonge It is agreyd that the same lorde shall from â–ª heÌ„sforth haue the maryage whose auncetour was fyrste infeffed not hauynge respecte to the gendre nor to the quantyte of the lande but onely to the more auncyente feffement by knyghtes seruyce ¶ The .xvii. Chapitre IN the circuyte of the iustyces an essoyne de malo lecâ—â— shall not be fromhensforth allowed for laÌ„des in the same shyre oneles he that caused hymselfe to be essoyned be syke in dede for if the demaundant except that the tenant is not syke nor in such plyte but that he may come before the iustyces his challenge shal be admytted And if it can be so proued by inqueste the essoyne shal be tourned to a defaute And froÌ„hensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente ¶ The .xviii. Chapiter UUhere dette is recouered or knowledged in the kynges court or damages awarded it shal be froÌ„hensforthe in the eleccyoÌ„ of hym that suyth for such dette or damages to haue a wrytte of Fieri facias vnto the sheryf for to leuye the dette vpon the landes and goodes of the dettour or that the sheryf shall delyuer to hym all the landes and goodes of the dettor sauyng onely his oxen beastes for his ploughe and the one halfe of his lande vntyll the dette be leuyed or vpon a reasnable pryce extended And if he be putte out of the lande he shall recouer by a wrytte of nouell dysseson â–ª and after that by a wrytte of redysseson if nede be ¶ The .xix. Chapitre UUhere as after the deathe of a persone dyeng intestate whiche also was bonden to some other for dette the goodes come to the handes of the ordynarye for to be dysposed fromhensforth the ordynarye shal be bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende lyke as the executours shulde haue ben boundeÌ„ if the partye had made testameÌ„t ¶ The .xx. cha UUhere as the iustyces in a plee of mortdauncetour haue vsed to admytte the aunswere of the tenant that the playntyfe is not nexte heyre of the same auncetor by whose death he demasideth the lande is redy to inquyre the same by assyse it is agreyd that in wryttes of cosynage ayel and besayel which be of lyke nature his aunswere shal be admytted and inquered and accordynge to the same inquerye the iudgemeÌ„t shall passe ¶ The .xxi. Chapiter UUheras in a statute made at Gloucestre it is contayned that if any lesse his land to another to paye the value of the .iiii. part of the lande or more the lessor or his heyre after that the payment hathe ceassed by two yeres shall haue an accyon to demauÌ„de the lande so lessed in demean In lyke maner it is agreyd that if any witholde froÌ„ his lorde his due accustomed seruyce by the space of two yeres the lord shal haue an accyoÌ„ to demauÌ„de the lande in demean by such a wrytte Prec A. quam iuste c. reddat B. tale tenÌ„ quod A. de eo tenuit per tale seruiciuÌ„ et quam ad precttÌ„ B. reuerti debet eo quam pÌ„dictê° A. in facienduÌ„ predictuÌ„ seruiciuÌ„ per bienniuÌ„ cessauit vt dicit And not only in this case but also wheras any mencyon is made of the sayd statute of Gloutestre wryttes of entre shall be made to the heyre of the demaundaÌ„t agaynst the heyre of the tenant agaynste them to WhoÌ„ such land is alyened ¶ The .xxii. UUheras two or mo do hold wood turfelande or fysheponde in commune wherin none knoweth his seueral and some of them do waste agaynst the myndes of the other they shall haue accyon by a wrytte of waste And when it is passed vnto the iudgement the defendaunt shall chuse eyther to take his parte in a â–ª place certayne by assygnemeÌ„t of the sheryf and by the viewe and othe of his neyghbours sworne and tryed for the same intent or els he shal be content to take nothyng fromtheÌ„sforth but as his felowes wyll if he do chuse to take his parte in a place certayne the place wasted shal be assygned for his part after as it was before the waste made And there is suche a wrytte in this case that is to say Cum A. et B. teneant boscum pro indiuiso B. fecit vastum c. ¶ The .xxiii. Chapitre Executors fromhensforth shall haue a wrytte of accounte and lyke accyon and processe in the same wrytte as theyr testatour had and shuld haue if he had lyued ¶ The .xxiiii. Chapiter IN cases wheras a wrytte is grauÌ„ted out of the chauÌ„cery for the dede of any man the playntyfes fromhensforthe shall not passe from the kynges court without remedy because the lande is alyened from one to another And in the regystre of the chauncery there is no specyal wrytte founde in this case as of a house a walle a mercatt a wrytte is graunted agaynst hym that leuyed it to the nusaunce And if the house walle or suche lyke be alyened to another the wrytte shal not be denyed but fromhensforth where in one case a wrytte is grauÌ„ted in lyke case wheÌ„ lyke remedy fayleth as is before the wrytte shal be made Questus est nobis A. quod B. iniuste c. leâ—auit domum murum mercatum et alia que sunt ad nocumentum liberi tenementi sui And if the thynges leuyed be alyened froÌ„ one to another the wryt shal be thus Questus est nobis A. quod B. et C. leuauerunt c. In lyke maner is a persone of a church may recouer comon of pasture by a wrytte of nouel dysseson lykewyse fromhensforth his successour shall haue a Quod permittat against the dyssesour of his heyre though a lyke wrytte were neuer graunted out of the chauncery before In lyke maner as a wrytte is grauÌ„ted to trye whyther lande be the fre almes of such a church orels lay fee froÌ„hensforth a lyke wrytte shal be gyueÌ„ to trye whyther it be the fre almes of this churche or of another churche if it be alyened to the possession of another
yere after the same yerâ— And so euery lorde after the neâ—t lorde immedyate shall haue the space of halfe a yere for to demaunde it successyuely vntyll it come to the kynge for whome at length by defaute of the lordes the lande shall be inquered to challenge the iurrors euery of the chyef lordes shal be admitted And lyke wyse for the kyng they that wyll challenge and after the iudgement gyuen the lande shall remayne in the kynges handes vntyll the lande be gotten by the demaundant or som other chyef lorde the sheryf shal be charged to aunswere therfore at the eschequer ¶ The .xxxiii. Chapiter FOr asmuche as many tenauntes sette vp crosses or cause to be sette vp in theyr handes in preiudyce of theyr lordes so that the tenauntes shulde defende themselues agaynste theyr lordes by the pryuylege of templars and hospytelers It is ordeyned that suche landes shal be inquered vpon for the kynge and the chyef lordes in lyke maner as is prouyded for landes alyened in mortmayne ¶ The .xxxiiii. cha pytre IT is prouyded that if any man froÌ„hensforth do rauyshe any woman maryed mayde or other where she dyd not consente nether before nor after he shall haue iudgement of lyfe and membre And lyke wyse where a man rauyssheth a womaÌ„ maryed ladye damoysell or other with force although she coÌ„sent afterward he shall haue such iudgemeÌ„t as before is sayde if he be attaynte at the kynges sute for the kynge shall haue the sute and for wymmen caryed awry with the goodes of theyr husbandes the kynge shall haue the sute for the goodes taken away and if the wyfe wylfully forsake her husbande and go away and coÌ„tynue with her aduouter she shall be barred for euer of accyon to demaund her dower that she ought to haue of her husbaÌ„des landes if it be proued agaynst her eâ—cept that her husbande wyllyngly and without cohercyon of the churche reconcyle her and suffer her to dwel with hym in which case she shal be restored to her accyon he that caryeth awaye a nonâ—e from her house although she consent he shal be pâ—nished by thre yeres imprysonment and shall make conuenyent satysfaccyon to the house from whens she was taken and neuertheles shal be raunsomed at the kynges wyll ¶ The .xxxv. Chapitre COncernyng chyldren malys or femalys whose mariage belongeth to another taken and caryed awaye if the taker haue no ryght in the maryage though afterwarde he restore the chylde vnmaryed or els paye the maryage he shall neuertheles be ponyshed by two yeres imprysonment and if he do not restore or do marye the chylde after the yeres of consent and be not able to satysfye for the maryage he shall abiure the realme or haue perpetual imprysonmeÌ„t therupon the playntyf shall haue such a wrytte St A. fecerit â—esecurum de clamore suo c. tunc pone per vadium c. B. quod sit coraÌ„ iusticiariis nostris c. ostensur quare talem heiedem infra eta tem existeâ— cuius maritagium ad ipsum pertinent tall loco inuenit rapuiâ— et abduxit contra voluntatem ipsius A. et coÌ„tra pacem nostram â–ª c. And if the heyre be in the same countre then this clause muste be added Et diligenter inquiras vbi ille heres sit in balliua tua Et ipsum vbicunque inuenius fuerit capias et saluo et secure custodias ita quod cum habeas coraÌ„ preâ—atis iusticiatus nostris ad prefaâ—um terminum ad reddendum cui predictorum A. et B. reddi debeat And sute shal be made agaynste the partye defendant vntyll he come in by dys tresse if he haue wherof he may be dystrayned And if he wyll not be iustefyed he shal be outlawed for his contumacye And if the heyre â—e maryed or caryed in another countye then a wrytte shall be directed â—o th sheryt of the same shyre in this fourme Questus est nobis A. quod B. nuper talem heredem infra et atem et in custodia sua existenÌ„ tali loco in comitatu tali rapuit et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem c. Et ideo tibi precipimus quod predictum heredem vbicunque cum in balliua tua inuenire poteris capias et saluo et secure eum custodias ita quod cum habeas coraÌ„ iusticiarus nostris c. tali die quâ—m idem A. habet versus predictum B. ad reddendum cui de iure reddi debeat And if the heyre happen to dye before he be restored or afore he can be founde the plee shall passe betwene them neuertheles vntyll it be tryed who ought to haue had it if it had ben lyuenge And the rauyshour shall neyther be eased nor excused of the ponyshement aforesayde by the death of the heyre whome he dyd witholde by wronge durynge his lyfe And if the playntyfe dye before the plee tryed if the ryght belonge to hym by reason of his propre fee the plee shal be resomoned at the sute of the heyre of the playntyfe and the plee shall passe in due ordre but if the ryght belonged to hym by another tytle as by a tytle of gyfte sale or other lyke then the ple shall be resomoned at the sute of the executours of the playntyf and the plee shall passe as before is sayd In lyke maner if the defendaunt dye before the plee be tryed or the heyre be restored the plee shall passe by resomons betwene the playntyf his heyres or executours and the executours of the defendaunt or his heyre if the executours be not suffycyent to satysfye for the value of the maryage after as it is contayned in other statutes but not as to the payne of imprysonmeÌ„t for none ought to be ponyshed for the offense of another In lyke maner when a plee hangeth betwene partyes for the warde of lande or of an heyre by the comon wrytte that begynneth Precipetall c. quod reddat c. resomons shal be made betwene the heyres and executors of the playntyf â–ª and lykewyse the heyres or executours of the defendaunt if death preuente any of the partyes afore the plee be determyned and when they haue passed vnto the great dystres a daye shal be gyueÌ„ within which .iii. shyre courtes may be holden at the leste in euery of whiche open proclamacyon shal be made that the deforceour shall come into the benche at a daye coÌ„tayned in the wrytte to aunswere the playntyf at which daye if he come not and the proclamacyon be so testefyed ones twyse or thryse the iugemeÌ„t shal passe for the playntyf sauyng the ryght of the defendant if afterwarde he wyll clayme it In lyke maner it shal be done in a wrytte of trespas when any complayneth hymselfe to be putte from such wardshypes ¶ The .xxxvi. cha FOr asmuche as lordes of courtes and other that kepe courtes and stewardes
spare for no lyberte c. Many tymes also sheryses make false retourne vpon the poynte of issues c. retournyng sometyme lyeng that there be no issues sometyme that there are small issues when they may retourne great and sometyme doo make mencyon of no issues â–ª wherfore it is ordeyned and agreyd â–ª that if the playntyf dâ—mauÌ„dâ— heryng of the sheryfes retourne â—â— shalb 〈…〉 hym And if he offce to auâ—â—â—â—â—hat the sheryf myght haue retourned gâ—â—â—â—er issues vnto the kynge he shall â—â—â—â— a wrâ—tte iudicyall vnto the iusticies assygned to take assyses that they shall inquere in presence of the sheryf if they wylbe there of what how great issues the sheryf myght haue made retourne from the daye of the wrytte purchased vnto the daye contayned in the wrytte And when the inqueste is retourned if he haue not afore aunswered for the hole he shal be charged with the ouer plus by the extreâ—es of the iustyces dely uered in the eschequer and neuertheles shal be greuously amerced for the concelement And let the sheryf knowe that rentes corne in the graunge and all mouables except horse haâ—neys and houshold stuffe be conteyned within the name of issues And the kynge hath commaunded that sheryfes shal be ponyshed by the iustyces ones or twyse if nede be for such false retournes And if they offende the. iâ— tyme none shall haue to do therwith but the kyng they make also many tymê false aunsweres retournynge that they coude not execute the kynges precept for feare of som great man wherfore let the sheryfes beware froÌ„hensforth for such maner of aunsweres sounde muche to the shame of the kynge of his crowne And as sone as his vnderbayllyfes do testefye that they founde suche resystence forthwith all thynges sette a part takyng with hym the power of the shyre he shall go in propre persone to do execucyon and if he do fynde his vnderbayllyfes false he shall ponyshe them by imprysonment so that other by theyr example myght be reformed and if he do fynde them true he shall ponyshe the resysters by imprysonment from whens they shall not be delyuered without the kynges specyall commaundement and if the sheryf when he cometh do fynde resystence he shall certefye to the court the names of the resysters ayders consenters commaunders and fauoures and by a wrytte indiâ—yall they shal be attached by the bodyes to apiere in the kynges courte and if they be conuyâ—te vpon suche resystence they shal be ponyshed at the kynges pleasure nor any offycer of the kynges shall medle in assygnyng the ponyshement for the kynge hathe reserued it specyally for hymselfe because that resysters are had as dystourbours of his peace and realme ¶ The .xl. Chapiter UUhere any wyth alyene the ryght of his wyfe it is agreyd that from hensforth the sute of the wyfe or her heyre after the death of her husbande shall not be delayed by the nonage of the heyre that ought to warrantyze lut let the purchaser tarye whiche ought not to haue ben ignoraunt that he bought the ryght of another vntyll the age of his warrauntour to haue his warrauntye ¶ The .xli. Chapitre OUr soueraygne lord the kyng hath ordeyned that if abbottes pryours kepars of hospytalles and other relygyous houses founded by hym or by his progenytours do fromhensforth alyene landes gyuen to theyr houses by hym or by his progenitours the lande shal be taken into the kynges handes and holden at his wyll and the purchaser shall lese his recouerye aswell of the landes as of the money that he payed And if the house were founded by an erle baron or of a meaner persone for the landes so alyened he from whome or from whose auncetour the lande so alyened was gyuen shall haue suche a wrytte to recouer the landes in demean Precipe tali abbati quod iuste c. reddat B. tale tenementum quod eidem domui collatum fuit in liberam elemosinam per predictum B. vel antecessores suos et quod ad predictum B. reuerti debet per alienacionem quam predictus abbas fecit de predicto tenemento contra formam collaciouis predicte vt dicit In lyke maner for landes gyuen to maynteyne a chaunterye or a lyght in a churche or chapell or other almes to be maynteyned if the lande so gyuen be alyened if the lande so gyuen for a chauntery lyghte sustenaÌ„ce of pore people or other almes to be maynteyned or done be not alyened but suche almes is withdrawen by the space of two yeres an accyon shall lye for the donour of his heyre to demaunde the lande so gyuen in dâ—mâ—an as it is ordayned in the statute of Gloucestre for landes lessed to do or to yelde the .iiii. parâ—e of the value of the lande or more ¶ The .xlii. Chapitre COncernynge the kynges marshalles of fee chauÌ„berlaynes porters in the circuyte of iustices and seriauntes bearynge the vâ—erge before iustyces at westmynster that haue the same offyce by fee and that are more by reason of theyr fee then they haue vsed to are wherfore many do complayne on them that haue knowen and seen the ordre of the courte of longe tyme our soueraygne lorde the kyng hath caused it to be inquered what the sayd officers of fee haue vsed to haue in tymes passed by an inquest and hathe ordeyned comauÌ„deth that the marshal of fee which of due aryth a palfroy of erles barons and other holdyng by a part of a baronye when they haue made homage and another palfroye also when they are made knyghtes of some that ought not to gyue any they are a palfroye hath ordeyned that the sayd marshal of euery erle baron holdyng by an entyer baronye shal be coÌ„tented with one palfroy or with the pryce of it such as he hathe vseth to haue of olde so that if he toke a palfroye or the pryce of one at the doynge of his homage in fourme aforesaid he shal take nothing wheÌ„ he is made knyght if he toke nothyng at the doyng of his homage wheÌ„ he is made knyght he shall take Of abbottes priours holdyng an hole barony wheÌ„ they do homage or fealte for theyr baronyes he shall take one palfroye or the pryce as afore is said this shal also be obserued agaynst archbyshops byshops of such as holde but a part of a baronye whyther they be religyous or secular he shall take accordyng to the porcion of the baronye that they hold of religious men that hold i free almes and not by a baronye nor part of a baronnye the marshall from hensforth shall demaunde nothyng And our soueraygne lorde the kynge hath graunted that by this estatute the marshall of fee shall not be barred hereafter to demauÌ„de more if he can shewe that he hath ryght vnto more The kinges chamberlaynes froÌ„ hensforth shall haue of archebyshops byshops abbottes pryours and other persones spirituall of erles and barons holdyng an intyer baronnye a
reasonable fyne when they do theyr homage or fealte and if they holde by a parte of a baronnye they shall take a reasonable fyne accordyng to the porcyon that falleth other abbottes pryours persones spirituall and temporall that holde no intyer barronnye nor parte of a barronnye shal not be dystrayned to make fyne as they that holde by a barronnye or part of a baronnye shall but the chaumberlayne shal be contented with his vpper garment or with the pryce therof which is done in fauour of persones relygyous more then of lay persones for it is more conuenyent that relygyous men shulde rather fyne for theyr vpper garmeÌ„t theÌ„ to be strypped ¶ The .xliii. Chapitre IT is prohybytte from hensforth to hospytelers and templars that froÌ„ hensforth they shall implede no man before the kepars of theyr pryuyleges for any matter the knowledge wherof belongeth to the kynges court and if they do fyrst they shall yelde damages to the partye greued and shal be greuously ponyshed vnto the kynge The kyng also commaundeth to kepars of such pryuyleges that froÌ„ hensforth at the instauÌ„ce of hospytelers templars or other persones pryuileged they graunt no citacyoÌ„s afore it be expressed vpon what matter the citacyon ought to be made And if the kepars do see that a citacyon is requyred vpon any matter the knowledge wherof belongeth to the kynges court the kepars shall neyther make no knowledge the citacyon and if the kepars do otherwyse they shall yelde damages to the partye greued and neuerthelesse shal be greuously ponyshed by the kynge And forasmuch as such persones pryuyleged depute relygyous men as theyr kepars subpryours presentours seâ—tens that haue nothyng to satysfye the partyes greued nor the kynge and be more bolde to offend the kynges dignyte then theyr superyours whiche can not be ponyshed by theyr temporalles Let prelates therfore be ware from hensforth that they doo not fuffer theyr obedientes to presume any iurysdiccyon in preiudyce of the kynge and his crowne and if they do theyr superiours shal be charged ther with asmuch as if they had ben conuyet vpon theyr propre acte ¶ The .xliiii. Chapitre COncernynge porters bearyng the vâ—erge before iustyces of the bench in the circuyâ—e it is prouyded that of euery assyse and iurye that they kepe they shall take .x. d. only and for the bylles of such as recouer theyr demauÌ„des agaynst many by defaute coÌ„fessyon or otherwyse by indgement they shall take nothynge Of suche as go without daye by defaute of the demaundaÌ„t or playntyf nothyng And if any recouer his demauÌ„de agaynst many by one wrytte by recognysaunce of the assyse or iurye they shal take .iiii. d. And lykewyse if many named in one wrytte do recouer theyr demauÌ„de by recognysaunce of the assyse or iurye they shall take .iiii. d. Of suche as do homage in the benche they shall take the vpper cloth Of great assyses attayntê iuryes and batayll waged .xii. d. Of suche as be vouched before iustyces to sue or to defende theyr plee they shal take no thyng for theyr comyng in or forth At the plees of the crowne for euery dosen .xii. d. shall be taken for euery gayle delyuere .iiii. d. shal be taken of euery one whose peace is ê‘ claymed xii d. only shal be takeÌ„ Of the fynders of men slayne and other of a towne attached .iiii. d. Ofty thynge men nothynge shal be taken of ingrosers for makynge a chyrografe it is ordeyned that they shal be coÌ„tented with .iiii. s. Of clerkes wrytynge wryttes origynall iudycyall it is ordeyned that for one wrytte they shall take but .i. d. And the kyng chargeth all his iustyces vpon theyr fayth othe that they owe hym that if such offycers offende in any artycle agaynst this statute coÌ„playnt come to them therof they shall execute on them reasonable ponyshmeÌ„t And if they offende the secound tyme they shall awarde greater ponyshmeÌ„t that they may be duely corrected if they offende the .iii. tyme be therupoÌ„ conuycted if they be offycers of fee they shall lese theyr fee if they be other they shall auoyde the kynges court shal not be receyued agayne without the kynges specyall lycense ¶ The .xlv. Chapitre BEcause that of such thynges as be recouered before the chauncellour and iustyces of the kynge that haue recorde and be inrolled in theyr rolles processe of a plee ought not to be made by somons attachementes essoyne vyewe of lande and other solempnytes of the courte as hath ben vsed to be done in bargaynes and couenauÌ„tes made out of the court fromhensforth it is to be obserued that suche as are founde inrolled before them that haue recorde or conteyned in fynes whyther they be contractes couenauntes oblygacions seruyces or customes knowledged or inrolled wherin the kynges court without offense of the law and custome may execute theyr authorite fromhensforthe they shall haue suche power that hereafter it shall not nede to plede for them but when the playntyfe cometh to the kynges court if the recognysaunce or fyne leuyed be freshe that is to say within the yere he shall forhwith haue a wryt of the recognysaunce made And if the recognysaunce were made or the fyne leuyed of a further tyme passed the sheryf shal be commaunded that he do to wyte vnto the partye of whome it is complayned that he be afore the iustyces at a certayn day to shewe if he haue any thynge to shewe why suche matters in â–ª rolled or coÌ„tayned in the fyne ought not to haue execucyon And if he do not appyere or peraduenture if he com and can nothynge saye why execucion ought not to be done the sheryf shal be commaunded to execute the thyng inrolled or contayned in the fyne In lyke maner an ordynarye shal be commaunded in his case obserued neuerthelesse as before is sayd of a meane whiche by recognysaunce or iudgement is bounde to acquyte ¶ The .xlvi. Chapiter UUheras in a statute made at Merton it was granted that lordes of MertoÌ„ .iiii. Chap. waste woodes and pastures myght approwe the sayd waste woodes and pastures notwithstaÌ„dyng the gayne sayeng of the tenaÌ„tes so that the tenantes haue suffycient pasture to theyr holde with free entre and reentre to the same And for asmuch as no mencyoÌ„ was made betwene neyghbour and neyghbour many lordes of waste woodes and pastures haue ben troubled heretofore by the contradiccyon of neyghbours hauyng suffycyent pasture And for because foreyne tenantes hauyng no more ryght to commune in the waste woodes or pastures of any lorde then the lordes owne tenauÌ„tes It is ordeyned that the statute of Merton prouyded betwen the lorde and his tenantes fromhensforth shall holde place betwene lordes of waste woodes and pastures and neyghbours sauynge sufficyent pasture to his seruauntes and neyghbours so that the lordes of suche waste woodes and pastures may make approwement of the resydue and this shal be obserued for suche as clayme pasture as apportenant to theyr lande But if
sayd And the merchauÌ„t shal fynde hym bread and water the merchaunt shall haue such season in the landes and tenemeÌ„tes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the dâ—tte be payd And as sone as the dette is leuyed the bodye of the dettour shal be delyuered with his landes and in suche wryttes as the chauncellour doyth awarde mencyon shal be made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shal be afore the iustyces if agrement be not made and if the sheryfes do not retourne the wrytte or do retourne that the wrytte came to late or that they haue dyrected it to the bayllyfes of some frauuchyse the iustyces shall do as it is contayned in the statute of westmynster And if the sheryf retourne that the bettour can not be founde or that he be clerke the merchauntes shall haue wryttes to all the sheryfes or he shal haue the lande and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent to holde vnto hym his assygnes in the fourme aforesayd at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye and to retayne iÌ„ maner afore sayd and the kepar of the pryson ought to take hede that he muste aunswere for the bodye or for the dette and after that the dettours landes be delyuered to the merchauÌ„t the dettour may lawfully sell his land so that the merchaunt haue no damage of the approwemeÌ„tes and the merchauntes shall always be allowed for theyr damages and all costes labours sutes delayes expenses reasonable And if the dettour fynde suretyes which knowlege theÌ„selues to be pryncypall dettours after the day passed the sure tyes shal be ordered in all thynges as is sayd of the pryncypal dettour as to the arrest of body delyuere of laÌ„des other thynges And when the landes of the dettours be delyuered vnto the merchauÌ„te he shall haue season of all the landes that were in the hande of the dettour the day of the recognysauÌ„ce made in whose handes so euer that they com afterward eyther by feffement or otherwyse and after the dette payed the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours And if the dettour or his suretyes dye the merchauÌ„t shall haue none authoryte to take the body of his heyre but he shall haue his landes as before is sayd if he be of age or when that he is of full age vntyl suche tyme as he hath leuyed of the landes the amountaÌ„ce value of the dette And also anotheâ— seale shal be prouyded that shall serue for fayres and the same shal be sente vnto euery fayre vnder the kynges seale by a clerke sworne or by the kepar of the fayre And of the comynalte of London two merchauntes shall be chosen that shall swere and the seale shal be opened before them and the one pece shal be delyuered vnto the foresayde merchauntes the other shall remayne with the clerke And before them or one of the merchauntes if bothe can not attende the recognysaunces shal be takeÌ„ as before is sayde and before that the recognysaunces be inrolled the payne of the statute shall be openly redde before the dettour so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe and to maynteyne the costes of the sayd clerke the kyng shal take of euery li. i. d. in euery towne where the seale is except fayres where he shal take .i. d. ob of the li. This ordynauÌ„ce and acte the kyng wyl leth to be obserued froÌ„heÌ„s forth throughout his realme of Englande Irelande amonges the whiche people they that wyll may make such recognysaunces excepte Iuys to whome this ordynaunce shall not extende and by this statute a wrytte of dette shall not be abated the chauncellour iustyces of eyther bench iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made but the execucyon of recognysaunces made before them shal not be done iÌ„ the fourme afore sayd but by the lawe and maner before vsed and otherwyse prouyded in other statutes Rex vic salutem Quia coram tali maiore vel custode talis ville vel coram custode sigilli nostri de mercatoribus in nundinis de tali loco et tali clerico nostro A. recognouit debere B. tantuÌ„ quod soluisse debuit tali die et tali anno quod idem B. nondum soluit vt dicit Tibi precipimus quod corpus predictâ—… A. si laicus sit capias et iÌ„ prisona nostra saluo custodiri facias quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus Scire facias iustie nostris apud westmonasteriuÌ„ per litteras tuas sigillatas et habeas ibi hoc breue Teste â–ª c. ¶ Here endyth the statute of merchauntes The statute of relygyous men WHereas of late it was prouyded that relygyous meÌ„ shulde not entre into other mens fees without specyall lycense of the chyef lordes of whome such fees be holden immedyatly And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them and somtyme receyuyng of the gyft of other men wherby the seruyces that are due of suche fees which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen And the chyef lordes do lese theyr eschetes of the same we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates â—ries barons other our subiectes beyng of our couÌ„sell haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any laÌ„des or tenemeÌ„tes or vnder the colour of gyfte or lesse or that wyll receyue by reason of any other tytle what so euer it be landes or tenementes or by any other crafte or engyn wyll presume to appropre to hymselfe vnder payn of fortayture of the same wherby such landes or tenementes may any wyse come into mortmayne we haue prouyded also that if any persone relygyous or other do presume eyther by crafte or engyn to offend agaynst this statute it shal be leful to vs and other chyef lordes of the fee ymmedyate to entre in the lande so alyened within a yere from the tyme of the alyenacyon to holde it in fee and as inherytauÌ„ce And if the chyef lorde ymmediate be necglygent wyll not entre within the yere then it shal be lefull to the nexte chyef lorde immedyate of the fee to entre in the same lande within halfe a
yere next folowyng to holde it as before is sayd And so euery chyef lorde ymmedyate may entre in suche landes if the next lorde ymmedyate be necglygent to entre in suche landes as before is sayd And if all the chyef lordes of suche fees beynge of full age within the .iiii. sees out of pryson be necglygent or slack in this behalfe we ymmedyatly after the yere accomplyshed from the tyme that such purchases gyftes or apê“priacyoÌ„s happe to be made shall take such landes and tenementes into our hande shall infesse other therin by certayne seruyces to be done to vs for the defense of our realme sauyng the chyef lordes of the fees wardes eschetes other seruyces due therunto due accustomed And therfore we comaund you that ye cause the foresayd statute to be redde before you fromhensforthe to be kept firmely obserued Wytnesse of myselfe at westmynster the .xiiii. daye of Nouembre the .vii. yere of our raygne ¶ The statute of Champartye made the .xi. yere of Edward the fyrst UUhere it is coÌ„teyned iÌ„ our statute that none of our court shulde take no plee for champartye or mayntenauÌ„ce neyther by craft nor engyn pleders at torneys apprentyces stewardes of noble meÌ„ bayllyfes other of our realme take matters for champartye by other debates all maner of plees agaynste all maner of persons wherby al the realme is greatly greued aswell ryche men as pore be troubled many wayes It is prouyded by comoÌ„ accorde that all such as froÌ„hensforthe shal be attaynted of suche part takyng sutes bargaynes And all suche as do assent therto shall haue thre yeres imprysonmeÌ„t for all that shal be rauÌ„somed at the kinges pleasure GyueÌ„ at Berwyk vpoÌ„ twede the .xi. yere of the raygne of kyng Edward the fyrst ¶ The statute for vyew of frankpledge made the .xviii. yere of Edwarde the secounde FIrste you shall say vnto vs by the othe that you haue made if all the iurours that owe sute to his courte becomen and which not And if all the chyef pledges or theyr dosens be come and whiche not And if all the dosens be in the assyse of our soueraygne lorde the kynge and whiche not and who receyued them and if there be any of the kynges vyllayns fugytyfe dwellyng other where then in the kynges demeanes and of such as be within the kynges demeanes and haue not abyden a yere and a daye And if there be any of the lordê vyllaynes in fraÌ„kpledge otherwhere then in this court Of customes seruyces due to this court withdrawen howe and by whome and in what bayllyfes tyme. Of purprestures made in landes woodes and waters to the annoyaunce of walles houses dykes hedges set vp or beten downe to the annoyaunce Of boundes withdrawen taken away Of wayes and pathes opened or stopped of waters torned or stopped and brought froÌ„ theyr ryght course of breakers of houses and of theyr receyuors of comen theues and of theyr receyuours of pety brybours as of gese hennes or shewys of theuys that stele clothes or shefes of such as go iÌ„ message for theues of cryes leuyed and not pursuyd of blodshed and of frayes made of eskapes of theues or felons of persones outlawed not hauynge the kynges warraunte of wymmen rauyshed not presented before the corowners of clyppers and forgers of money of treasour founde of the assyse of bread and ale broken of false measures as of bushelles galons yerdes and elles of false balaunces and weyghtes of such as haue double measure and bye by the great and sell by the lesse Of such as contynually haunt tauernes and no man knowyth wheron they do lyue of such as slepe by daye watch by nyght and fare wel and haue nothyng of cloth sellars curryours of lether dwellynge out of merchauÌ„t townes of such as take church or churchyarde and after depart without makyng lassesse of persons imprysoned and after let go without mayn prys of such as take doues in wynter by dorefalles or engyns And of all these thynges you shall do vs to wyte by the othe that you haue taken ¶ Here endeth the statute of vyewe of Frankpledge ¶ Here begynneth the statute of bread and ale made the .li. yere of kynge Henry the thyrde WHen a quarter of wheate is sold for .xii. d. then wastell bread of a ferthynge shall waye .vi. li. .xvi. sÌ„ Bread coket of a ferthing of the same corne and bultell shall waye more then wastel by .ii. s. Coket bread made of corne that is of lesse pryce shal way more then wastel by d. sÌ„ A symnell of a ferthyng shall way .ii. sÌ„ lesse then wastel Bread made of the hole wheat shall waye a coket an halfe so that a coket shall waye more then wastell by .v. sÌ„ Bread of trete shall waye .ii. wastelles Bread of comen wheat shall waye .ii. great cokettes when a quarter of wheat is solde for .xviii. d. a wastel lofe of a ferthyng shal way .iiii. li. x. sÌ„ .viii. d. when a quarter of wheat is sold for .ii. sÌ„ then a wastell lofe of a ferthynge shall waye .lxviii. sÌ„ When it is solde for .ii. d .vi. d. liiii sÌ„ .iiii. d. ob qÌ„ when for .iii. sÌ„ xlviii sÌ„ when for .iii. sÌ„ .vi. d. xlii sÌ„ when for .iiii. sÌ„ xxxvi sÌ„ when for .iiii. sÌ„ .vi. d. xxx sÌ„ when for .v. sÌ„ xxviii sÌ„ .ii. d. ob when for .v. sÌ„ .vi. d. xxiiii sÌ„ .viii. d. qÌ„ when for .vi. sÌ„ xxii sÌ„ .viii. d. when for .vi. sÌ„ .vi. d. xix sÌ„ .xi. d. when for .vii. sÌ„ xix sÌ„ .i. d. when for .vii. sÌ„ .vi. d. xviii sÌ„ .i. d. ob when for .viii. sÌ„ xvii sÌ„ when for .viii. sÌ„ .vi. d. xvi sÌ„ when for .ix. sÌ„ xv sÌ„ qÌ„ when for .ix. sÌ„ .vi. d. xiiii sÌ„ iiii d. ob qÌ„ when for .x. sÌ„ xiii sÌ„ .vii. d. ob when for .x. s .vi. d. xii s .xi. d. qÌ„ when for .xi. s. xii sÌ„ .iiii. d. qÌ„ when for .xi. s .vi. d. xi s .x. d. when for .xii. s. xi s .iiii. d. And then a baker of euery quarter of wheat as it hath ben prouyd by the kynges bakers may gayne .iiii. d. and the branne and .ii. loues for auauntage for thre seruauntes .i. d. ob for two laddys ob in salte ob for knedyng ob for candell qÌ„ for woode .ii. d. for his bultell ob when a quarter of wheat is solde for .iii. sÌ„ or .iii. sÌ„ and .iiii. d. And a quarter of barley at the pryce of .xx. d. or .ii. sÌ„ And a quarter of otys at .xvi. d. then brewars in cytes ought and may well aforde and sell .ii. galons for .i. d. And out of cytes they may sell .iii. or .iiii. galons for .i. d. ¶ Here endeth the statute of assyse of bread and ale ¶ Artycles for the clergye made the ix yere of Edward the secouÌ„d EDwarde by the grace of God kyng of EnglaÌ„d c. Vnto all to whome these our presente
examynacyon shal be fallen in the cuntre before a iustyce of the place where the plee is accoÌ„panyed with a substanciall man of the cuntre knyght or other so that a certayne day be gyueÌ„ in the bench and a certayne day place in the cuntre in presence of the partyes demaundyng the same And also inquestes and iuries in plees of lande that requyre greate examynacion shal be taken in the cuntre in the maner abouesayd before two iustyces of the benche And the iustyces or iustyce shall haue power to record nonsuytes and defautes in the cuntre at the dayes and places assygned as afore is sayd And that they shall do in the thynges aboue mencioned shal be reported in the benche at a day certayne there to be inrolled and therupon iudgement shal be gyuen And the kyng intendyth not that the sayd inquestes and iuries shulde not be taken in the benche if they come nor that this statute shuld extende vnto greate assyses and also a iustyce of the one place and of the other beynge associate with a dyscrete man of the cuntre knyght or other at the request of the playntyf shall take inquestes vpoÌ„ plees pledyd and to be pledyd that be mouyd by attachement and dystres and shall haue power to recorde nonsuytes as aboue is sayd and to take inquestes vpon defautes there made And as to such inquestes as are to be taken vpon wryttes of Quare impedit the fourme conteyned in the statute of westmynster secounde shal be kept and the iustyces shall haue power to recorde nonsutys defautes in the cuntre and to gyue iudgemeÌ„t therupon as they do in the bench and there to reporte that that they haue done there to be inrolled And if it happen the iustyce or iustyces that shal be assygned to take suche inquestes in the countre do not come or if they come into the countre at the daye assygned yet the partyes and persones of suche inquestes shall kepe theyr daye in the bench And because it is many tymes coÌ„playned in the kynges courte vpon retournes that bayllyfes of fraunchyses hauyng full power to retourne the kynges wryttes haue delyuered to sheryfes haue ben afterwarde chaunged otherwyse retourned in the kynges courte to the damage of the partyes and the delay of ryght It is agreyd that for suche retournes as hereafter be delyuered to sheryfes by suche bayllyfes of fraunchyâ—es an indenâ—ure shall be made betwene the bayllyf of the fraunchyse by his proper name and the sheryf by his propre name And if the sheryf chaunge the retourne so delyueryd to hym by indenture and be therof conuycte at the sute of the lorde of the fraunchyse of whome he receyued the retourne if the lord haue had any damage or if his fraunchyse be dystayned or at the sute of the lorde of the party that hath sustayned losse through that occasyon he shal be ponyshed by the kynge for his false retourne shal yelde vnto the lorde and to the partye double damages Also it is agreyd that fromhensforth sheryfes and other bayllyfes that receyue the kynges wryttes retournable in his court shall sende theyr owne names with the retournes so that the courte may knowe of whome they toke such retournes if nede be And if any sheryf or other bayllyf leue out his name in his retournes he shal be greuously amerced to the kynges vse Also for the comoÌ„ profytte of the people it is agreyd that no offycer in cyte or towne that by reason of his offyce ought to kepe assyses of wynes and vytaylles in asmuche as he is attendaunt to his offyce shall not by wynes nor vytaylles neyther in grose nor by retaylle And if any do be therof conuyct the merchaundyse wherfore he is conuyct shal be forfayte to the kynge and the .iii. part therof shal be delyuered to the partye that suyd the offendour as the kynges gyfte in suche case hâ— that wyll sue for a thynge so forfayted shal be receyued And the chauncellour treasourer barons of the eschequer iustyces of eyther benche and iustyces assygned to take assyses shall admytte such playntes by wryttes without wryttes and shall determyne them shall perfourme all thynges contayned in these articles in fourme abouesayd and neuerthelesse the kynge may assygne his iustyees to execute this thyng in cytes boroughes when and where it pleaseth hym ¶ Here endeth the statute of yorke ¶ The kynges prerogatyue made the .xvii. yere of Ed .ii. OVr soueraygne lorde the kyng shal haue the ward of all the landes of suche as holde of hym in chyeâ— by knyghtes seruyce wherof the tenaÌ„tes were seased in theyr demeane as of fee at the day of theyr death of whom so euer they holde els by lyke seruyce so that they helde of auncyent tyme any lande of the crowne vntyll the heyre com to his law full age excepte the fees of the archbysshop of Canterbury the byshop of Durham betwene Tyne Tese fees of â—â—les and barons in the marches where the kynges wryttes do not lye wherof the sayd archbyshops byshops erles baroÌ„s ought to haue such wardes though they held of the kyng in som other place ¶ The fyrst Chapitre ALso the kynge shall haue the maryage of an heyre beynge within age and in his warde whyther the landes of such heyres haue appertayned to the crowne of auncyent contynuaunce or that it came by reason of escheare beyng in the kynges handes or that he had the maryage by reason of the warde of the lordes of suche heyres without any respectes to the prioryte of feffement all be â—â— they helde of other ¶ The .ii. Chapitre ALso the kynge shall haue prymer season after the death of suche as helde of hym in chyefe of all landes and tenementes wherof they were seased in theyr demean as of fee of what age that theyr heyres be takynge the issues of the same landes and tenementes vntyll inquysicion be made as the maner is and â—â—â—tyll that he hath taken homage of such heyres ¶ The .iii. Chapitre ALso he shall assygne to wydowes after the death of theyr husbandes that helde of hym in chyef the dower that to them belongeth c. though the heyres be of full age if the wydowes wyll such wydows before assignemeÌ„t of theyr dower shall swere that they shall not marye themselues without the kynges lyceuse whyther the heyres be of full age or not And if they marye without lyceÌ„se then the kynge shall take into his handes by waye of dystres all suche landes tenemeÌ„tes as they hold of hym in do wer vntyll he be satysfyed at his owne wyll so that she shall take nothynge of the issues cÌ„ for after suche dystresses they or theyr husbandes muste fyne at the kynges wyll And his wyll in the tyme of kynge Henry father of kynge Edwarde was estemed to the one yeres value of her dower oneâ—es they had the greatter fauour women that holde of the kynge in chyef of what so euer age
that they be shall swere lykewyse that they shall not marye themselues without the kynges lycense And if they do theyr landes and tenementes shal be taken in lyke maner into the kynges haÌ„des vntyl they haue satysfyed at the kynges wyll ¶ The .iiii. Chapitre ANd if one inheritaunce that is holden of the kynge in chyefe dyscende to many partyners then all the heyres shall do homage to the kyng and the same inherytaunce so holden of the kynge shal be deuyded among those heyres so that euery of them after that shal holde theyr parte of the kynge ¶ The .v. Chapiter IF a womaÌ„ before the death of her auncetour that helde of the kynge in chyef be maryed before she be maryable then the kynge shall haue the warde of the bodye of the same woman vutyll she be of age able to coÌ„sent and then she may chuse whyther she wyll haue hym to whome she was fyrst maryed or hym that the kynge wyl offer her None that holdeth of the kynge in chyef by knyghtes seruyce may alyene the more part of his landes so that the resydue therof be not suffycyent to do his seruyce excepte he haue the kynges lycense but this may not be vnderstanden of membres parcelles of such landes ¶ The .vi. Chapitre OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made ¶ The .vii. Chapitre OF churches beyng vacaunt the aduousons wherof beloÌ„g to the kyng and other present to the same wherupoÌ„ debate aryseth betwene the kynge and other if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym so that he present within the space of syx monethes ¶ The .viii. Chapitre THe kynge shall haue warde of the landes of naturall foolys takyng the profyttes of them without waste or dystruccion and fynde to them theyr necessaryes of whose fee someuer that the landes be holden And after the death of suche idiotes he shall rendre it to the ryght heyres so that suche idiotes shall not alyene nor theyr heyres shal be dysheryted ¶ The .ix. Chapitre ALso the kyng shall prouyde when any that before tyme hath had his wytte and memorie happeÌ„ to fayâ—e of his wytte as there are many per lucâ—da interualla .i. by euydent spaces that theyr landes tenementes shal be saufely kept without waste or distruccioÌ„ and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same and the resydue besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto theÌ„ when they come to ryght mynde So that suche landes and tenementes shall in no wyse be alyened And the king shal take nothyng to his owne vse and if the partye dye in suche estate then the residue shal be distrybute for his soule by aduyse of the ordinarye ¶ The .x. Chapiter ALso the kynge shall haue wrek of the see thorough out the realme whales great sturgeons taken in the see or els where within the realme excepte in certayne places pryuyleged by the kynge ¶ The .xi. Chapiter ALso the kynge shal haue escheates of the landes of Normans to whose fee someuer they belonge sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inherytaunce discendyth to any that is borne â—n the partyes beyonde the see whose â—â—ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kynges of Fraunce and not of the kynges â—â— Englande as late it happened by the baronye of Monmouth after the death of Iohan of Monmouth whose heyres were of Brytayne and other places Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men and gaue them to be holden of the chyef lordes of the fee by seruyces and customes due and accustomed therunto ¶ The .xii. Chapitre UUhen any that holdeth of the king in chyef dyeth and his heyre entryth into the lande that his anncetour helde of the kynge the day that he dyed before he hath done homage to the kyng and receyued season of the kyng he shal gayne no freholde therby and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym Wherupon it was agreyd that his wyfe shulde not be indowed because that her husbande had not his entre by the kyng but rather by intrusyon howe be it this statute doyth not meane of socage and other small tenures ¶ The .xiii. Chapitre ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenauÌ„tes be attaynted for felonye in tyme of vacacyon whyles theyr temporaltes were in the kynges handes to gyue at his pleasure sauynge to suche prelates the seruyce that therto is due and accustomed ¶ The .xiiii. Chapitre UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyoÌ„ in his dede or wrytynge of knyghtes fees aduouzons of churches and dowers when they fall belongyng to suche manors or landes then at this daye the kynge reserueth to hymsef such fees aduousons and dowers all be it that amonge other persones there shal be implyed no suche reseruacyon ¶ The .xv. Chapitre ALso the kyng shal haue the goodes of al felons attaynted or that run awaye where som euer they be founde And if they haue freholde then â—â— shal be forthwith takeÌ„ into the kynges handes And the kyng shall haue all profytâ—es of the same by one yere and one daye the lande shal be wasted and dystroyed in the houses wodes gardeyns and in al maner of thynges belongynge to the same lande exceptyng men of certayn places priuyledged by the kynge therfore And after the kyng hath had the yere dayâ— â— waste then the laâ—de shall be restored is the chyef lorde of the fame fee onles that he fyne before with the kyng for the yere the daye the waste Neuertheles it is vsed in the countie of Gloucestre by custome that after one yere one daye the landes and tenementes of felons shal reuerte be restored to the nexte heyre â—â— whome it ought to haue descended if the felonye had not ben done And in Kenâ— in Gauelkynd The father to the bough the sonne to the plough There all heyres males shal dyuyde theyr inherytauÌ„câ— but women shall not make 〈…〉 with men And a woman after the death of her husband shal be indowed
shal be made at the fyrst daye that the partyes appere in court if the tenaÌ„t do alledge the foresayd excepcioÌ„ of a ioynte feffemeÌ„t the demaÌ„daunt wyll offer to auerre by the cuntre shal the daye of the wrytte purchased he that alledged the excepcyon was sole tenaunt then the same maner of processe shal be obserued betwyxt the partyes vntyl a iurye haue passed betwen theÌ„ ther â–ª upon if it be founden by the iurye that the same excepcyon was truely alledged then the wrytte of the demaundaÌ„t shall abate if it be founden by the iurye that the same excepcion was falsely malycyously alledged to the hynderaunce of the partye then the demandaÌ„t shall recouer his seson of the landes in demauÌ„de the tenant shal be ponyshed by the payne abouesayd in a wrytte of nouell dysseson â—s to the imprysonmeÌ„t as to the damages accordyng to the discrecioÌ„ of the iusâ—yces And we wyl grauÌ„t that this staâ—ute shal take his effect the morow after the feast of S. Petre ad vincula next commyng for asmuch also as plees in courte spirituall and vnreasonable delayes many tymes in so much as our wrytte that is called was many tymes brought before the iuges of such matters wheÌ„ they were begonne And therupon our chyefe iustyces coude not procede lawfully nor in due maner to awarde a wrytte of consultacion vpon suche maner of processe It is agreyd that such a wrytte of indycauit shall not be graunted fromhensforth to any man before the matter hangynge in the spirituall courte betwene the partyes be recorded that our chauÌ„cellour shal be certefyed therupon vpon the syght and inspeccyon of a lybell In wytnesse of which thynge we haue caused these our lettres to be patent I myselfe beynge wytnesse at westmynster Gyuen the .xxvii. daye of the moneth of Maye The .xxxiiii. yere of our reygne Finis ¶ A statute of dayes generall in a wryt of dower made the .li. yere of H .iii. IF the wrytte do come in octauis Mychaelis daye shal be gyuen vntyll crastino ammarum If it come in quindena Mychaelis daye shal be gyuen vntyll the crastino Martini Iâ— in mense Michaelis then in quindena Martini If in crastino ammaruÌ„ then in octauis Hillarii If in crastino Martini then in quindena Hillarii If in octauis Martini then in crastino purificationis If in quindena Martini then in octauis purificationis If in octauis Hillarii then in quindena Pasche If in quindena Hillarii then in tribus septimanis Pasche If in crastino purificationis then in mense Pasche If in octauis purificationis then in crastino Ascensionis If in quindena Pasche then in octauis Trinitatis If in tribus septimanis Pasche then in quindena Trinitatis If in mense Pasche then in crastino IoaÌ„nis Babtist If in quinque septimanis Pasche then in octauis Iohannis If in crastino Ascensionis then in quindena Iohannis If in octauis Trinitatis then in octauis Michaelis If in quindena Trinitatis then in quindena Michaelis If in crastino Iohannis Babtyste then in tribus septimanis Michaelis If in octauis Iohannis Babtyste then in mense Michaelis If in quindena Iohannis Babtyste then in crastino animarum ¶ Finis ¶ A statute for Eschetours made the .xxix. yere of Edwarde the fyrste ⸫ AT the parlyamente of our soueraygne lorde the kynge holden at Lyncolne in the vtas of saynt Hyllarye the .xxix. yere of his reygne by his counsel it was agreyd and also coÌ„maundyd by the kynge hymselfe that fromthens it shulde be obserued and done accordyng to the aduyse of the reuerende father â—â— Langeton then byshop of Couentrie and Lychfelde and treasourer to the kyng Iohan Langeton then beyng chauncellour and othrr of the counsell there present before the kyng that where inquestes takeÌ„ by his eschetours by any of the kynges wryttes purchased out of his chauncery beynge retourned and it be fouÌ„de by such inquestes that nothyng is holden of the kyng wherby the kyng ought to haue the warde of suche landes and tenementes by reason of the inquest taken by his eschetours that immediatly and without any delay the eschetours shal be comaunded by the kynges wrytte had out of the kynges chauncery to put fro theyr handes all the landes and tenementes so taken into the kynges possession and if they haue taken any profyttes of such landes and tenementes so taken into the kynges handes by them from the tyme that suche landes and tenementes fyll into the kynges handes they shal make full restitucion to hym or them for whome it was founde by inquestes taken by the same eschetours that suche landes ought to remayne sauynge alwaye to the kynge in case that after such tyme as his eschetours haue dyscharged theyr landes by force of the kynges wrytte as before is sayd if any thyng happen to be founde in the chauncery or the eschequer or in any other of the kynges courtes wherby the warde of suche landes wherof the eschetours haue dyscharged theyr haÌ„des in fourme abouesayd shulde belonge vnto the kyng that ymmedyatly he in whose possession such landes happe to be shal be somoned by a wrytte out of the chauncery to be afore the kynge at a certayne day whersomeuer c. to shewe if he can saye any thynge wherfore the kynge ought not to haue the warde of suche landes accordynge to the fourme of the euydences oâ— remembraunces founde for the kynge And if he come in and shewe why the warde of suche landes doth not belonge vnto the kynge but doyth shewe that iâ— ought to belonge and remayne to hymselfe he shall go quyte and shal retaygne the warde but in case that the partye warned doyth not come or if that he come and can shewe nothyng to put the kynge from the warde the landes and tenementes shal be forthwith resesyd into the kynges handes to be kept in name of wardshyp vnto the lawful age of such heyres as before is sayd And if it be founde vpon the inquestes taken by the eschetours and retourned that the warde of the same landes and tenementes conteyned in the inquest and seasyd into the kynges handes ought not to remayne vnto the kynge then the eschetonâ— shall be commaunded forthwith to dyscharge his handes therof and to restore the issues holly In lyke manâ—â— if it be founde afterward by the euydences and remembraunces in the chauncery eschequer or otherwhere as before is sayd that our soueraygne lord the king ought to haue the warde therof the kynge shal be aunswered vnto for the hole issues and profyttes by the handes of such as helde the same landes and tenementes from the tyme they were fyrst taken into the kynges handes by his eschetours by the wryttes abouesayd And this order shall be obserued fromhensforth in the chauncery notwithstandyng a certayne ordynaunce lately made by our soueraygne lorde the kynge concernyng landes and tenemeÌ„tes taken into his handes by his offycers and not to
be delyuered but by the kynge hymselfe and as it is contayned in a certayne diuidenda or indenture made betwene the kynge hymselfe and his chauncellour wherof one parte remayneth in the custodye of the chauncellour ¶ Finis ¶ Of sheryfes FOr asmuche as our soueraygne lorde Edwarde sonne to kynge Edwarde fyrste of the name at his parliameÌ„t holden at Lyncolne in quindena Hillari the .ix. yere of his raygne by the informacion of his prelates erles barons other great men of the realme beynge somoned to the same parlyament also by the greuous compleynt of his people dyd perceyue great damage to be done to hym and great oppressions and disheritaunces to his people by reason that vnsuffycient sheryfes and hundredats haue ben before this tyme in the realme and yet be Our soueraygne lorde the kynge intendynge to auoyde and eschewe such euyl oppressions and dysherytaunces by the assent of his prelates barons and other great estates aforesayd hathe ordayned and establyshed in his sayd parlyment that the sheryfes fromhensforth shall be assygned by the chauncellour treasourer barons of theschequer and by the iustyces And in the absence of the chauncellour by the treasourer barons and iustices And that none shal be sheryf excepte he haue suffycyent lande within the same shyre where he shal be sheryfe for to aunswere the kynge and his people And that none that is stewarde or bayllyf to a great lorde shal be made sheryfe excepte he be out of seruyce so that he may attende to the offyce of a sheryfe for the kyng and his people And in lyke maner it is agreyd and establyshed that hundredes whyther they belonge to the kynge or to other shal be kept by conuenient and able persones that haue suffycyent landes within the same hundred or shyre where the hundred is that the chauncellour treasourer barons iustyces shall do assygne in maner aforesayd without hauyng any other regard And if any sheryfes or hundredars be vn sufficyent at this tyme they shal be demoued and other more conuenient putte in to theyr roumes And that such hundredes be lessed to such persones as are suffycient so that they nede not to vse extorcion vpon the people by reason of to outrageous ferme And that no sheryfe nor hundredar shal lesse his lande to any other in ferme or otherwyse and that the execucyons of wryttes that come to the sheryfes shal be done by the hundredars sworne and knowen in the shyre not by other if it be not the open defaute and disturbaunce of the hundredars and then execucion shal be done by other persones more conuenient beyng sworne so that the people that sue such execucions may saufely know the retourne of theyr wryttes to them that haue or ought to haue them ¶ Finis The statute of Irelande HEnry by the grace of God kyng of England lorde of Irelande duke of Guyan and NormaÌ„die erle of Angeo to his trustye and welbeloued Gerarde sone of Mauryce iustyce of Irelande greatynge Where as certayne knyghtes of the partyes of Irelande haue lately infourmed vs that when any lande doyth descende vnto susters within our bominy oÌ„ of Irelande the iustyces â—â—raunt in those partyes are vncertayne whyther the yonger susters ought to holde of the eldyste suster and do homage vnto her or not And for asmuche as the sayd knyghtes haue made instaunce to be certefyed how it hath ben vsed heretofore within our realme of Englande in lyke case wherupon at theyr instaunce we do you to wyte that such a lawe and custome is in Englande in this case that if any holdyng of vs in chyef hap to dye hauynge doughters to his heyres our auÌ„cetours and we haue had alway after the death of the father and receyued homage of al the doughters and euery of them in this case dyd holde of vs in chyef And if they happened to be within age we haue alwaye had the warde maryage of them if he were tenant to another lorde the susters beyng within age the lorde shall haue the warde and maryage of them all and the eldyste shall do homage onely for herselfe and all her susters And when the other susters come to full age they shall do theyr seruyce to the lordes of the fee by the handes of the eldyst suster And the eldyst vpon this occasyon may not exact of her yonger susters homage warde or any other subieccyon for when they be al susters and in maner as one heyre to one inherytaunce if the eldyste shulde haue homage of the other susters or demaunde warde then the inherytaunce shulde seme to be deuyded so that the eldyst suster shulde be segniores and tenant of one inherytaunce simul et semel that is to saye heyer of her owne part and segniores to her susters which coulde not stande well to gyther in this case for the eldyst can demauÌ„de nomore then her susters but the chyefe mease by reason of her auncienty Moreouer if the elder suster shuld take homage of the yonger she shulde be as a segniores to them all and shulde haue the warde of them and theyr heyres and that shulde be lyke as one wolde commytte a lambe to be deuoured of a wolfe And therfore we comauÌ„de you that you shal cause the foresayd customes that be vsed within our realme of England in this case to be proclaymed thorough out our dominien of Ireland And further shal cause them to be straitly kept obserued In testimony wherof cÌ„ I myselfe beynge wytnesse at westmynster the .ix. day of February The .xiiii. yere of our raygne ¶ Here endeth the statute of Irelande ¶ statute vpon the wrytte of Quo warranto FOr asmuch as wryttes of Quo warranto and iudgemeÌ„tes gyuen vpoÌ„ plees of the same were greatly delayed because the iustyces in gyuyng iudgement were not certefyed of the kynges pleasure therin Our soueraygne lorde the kynge at his parlyament holden at westmynster after the feaste of Easter the .xviii. yere of his raygne of his specyall grace and for the synguler affeccyon that he beryth vnto his prelaâ—es erles and barous and other of his realme hath grauÌ„ted that all vnder his allygeaunce aswel spirituall as other which can proue and veryfie by inquest in the cuntre or other wyse that they and theyr auncetours or predecessours haue vsed any mance of lybertes wherof they were impleded by the sayd wryttes before the tyme of â— Rycharde our Cosyn or in our tyme and haue contynued hytherto so that they haue not mysused such lybertes that the partyes shal be aiourned further vnto a certayne day reasonable before the same iustices within the whiche they may go to our soueraygne lorde the kynge with the recorde of the iustyces sygned with his seale and also retourne And our sourraygne lorde the kynge by his lettres patentes shall confirme theyr estate And they that can not proue the season of theyr auncetours in suche maners as is before declared shall be ordered and iudged after the
spirituall iudges haue oftentymes surceased to proceade in causes moued before theÌ„ by force of the kynges wryt of prohibicioÌ„ in cases where as remedie could not be gyuen vnto playntyfes in the kynges courte by any wryâ— out of the chauncery because that suche playntyfes were differred of theyr ryght and remedie in both courtes aswel temporall as spirituall to theyr great damage lyke as the kynge hath ben aduertysed by the greuous complaynyng of his subiectes Our soueraygne lorde the kynge comaundyth that where spirituall iudges do surcease in the aforesayd cases by the kynges prohybicyon dyrected vnto them that the chauncellour or the chyefe iustyce of the kynge for the tyme beyng vpon the syght of the lybell of the same matter at the instauÌ„ce of the playntyfif they can see that the case can not be redressed by any wryt out of the chauncery but that the spirituall court ought to determyne the matter they shal wryte vnto the iudges before whom the cause was fyrst moued that they procede therin nothwithstandynge the kynges prohybicyon dyrected to them before ¶ A statute vpon the offyce of Coroners made the .iiii. yere of kynge Edward .i. ⸫ A Coroner ought to inquere these thynges if he be certefyed by the kynges bayllyfes or other honest men of the cuntre Fyrste he shall go to the places where any be slayne or sodenly dead or wounded or where houses are broken or where treasour is sayd to be founde and shall forthwith commaunde foure of the nexte townes or .v. or syx to appere before hym in suche a place and when they are comen thyther the Coroner vpon the othe of them shall inquere in this maner that is to wyte if they knowe where the persone was fyrst slayne whyther it were in any house in the felde in a bedde in a tauerne or in company and who were there lykewyse it is to be inquered who were culpable â—yther of the acte or of the force and who were present eyther men or womeÌ„ â—â— of what age so euer they be if they can speke or haue any dyscrecyon and howe many be founde culpable by the inqueâ—â— in any of the sayd maners wherupon they shal be taken and delyuered to the sheryfe shal be commytted to the gayle and such as be founden and be not culpable shal be attached vntyll the comynge of the iustyces and theyr names shal be wryten in rolles If it fortune any man to be slayne sodenly whiche is founde in the feldes or in the woodes fyrste it is to be seen whyther he were slayne in the same place or not if he were brought and layd there they shall do asmuche as they can to folowe theyr steppes that brought hym thyther whyther he were brought vpon an â—orse or in a carte It shal be inquered also if the dead persone were knowen or els a straungyer and where he laye the nyght before if any be founde culpable of the murdre the coroners shall ymmediatly goo vnto his house and shall inquere what goodes he hathe and what corne he hathe in his graunge and if he be a fre maÌ„ they shal inquere howe muche lande he hath and what it is worthe yerely further what croppe he hath vpon the lande And wheÌ„ they haue thus inquered vpon euerye thynge they shall cause all the lande corne and goodes to be balued in lyke maner as if they sholde be solde incontinently and therupon they shal be delyuered to the hole towne which shal be auÌ„swerable before the iustyces for all And lykewyse of his freholde howe much it is worth yerely ouer and aboue the seruyce due to the lordes of the fee and the land shall remayne in the kynges handes vntyll that the lordes of the fee haue made fyne for it And immediatly vpon these thynges beynge inquered the bodyes of such persones beyng dead or slayne shal be buryed In lyke maner it is to be inquered of them that be drowned or sodenly slayne or strangled by the sygne of a corde tyed strayte aboute theyr neckes or about any other of theyr membres or vpon any other hurte founde vpon theyr bodyes wherupon they shall procede in the fourme abouesayd and if they were not slayne then ought the Coroners to attache the fynders and all other in the companye A coroner ought also to inquere of treasour that is founden who were the fynders and lykewyse who is suspected therof and that may be well perceyued where one lyueth ryotously hauntyng tauernes and hath done so of longe tyme hereupoÌ„ ve may be attachâ—â— for this suspeccion by .iiii. vi or â—â—o pledges if he may be founde Further if any be appealed of rape he must be attached if the appeall be freshe and they must see an apparaunt sygne of truth by effusyâ— of bloud or an open crye made and such shal be by .iiii. or .vi. pledges if they may be founde If the appeall were without crye or without any many feste sygne or token two pledges shall be sufficyent Vpon appeall of woundes specyally if the woundes be mortall the partyes appealled shal be taken immedyatly kept vntyll it be knowen perâ—yâ—ely whytheâ— he that is hurt shall recouer or not And if he dye the defendant shal be kept And if he recouer helthe they shal be attached by .iii. or syx pledges after as the wouÌ„d is greate or small If it be for a mayme he shal fynde no lesse then fourt pledges if it be for a small wounde or a mayme two pledges shall suffyse Also all woundes ought to be vyewed the length bredeth and depenâ—s and with what weapons and in what parâ—e of the bodye the wounde or hurte is and howe many be culpable and how many woundes there be and who gaue the wounde all which thynges muste be inrolled in the rolle of the corowners Moreouer if any be appealed of an act done as pryncypal they that be appealed of the force shal be attached also and surely kept in warde vntyl the pryncypalles be attaynted Conâ—â—â—nyng horses botes cartes cÌ„ wherby any is slayne that proprely are called deodande they shal be valued and delyutred vnto the townes as before is sayd Concernyng wrek of the see whersoeuer it be founde if any lay handes on it he shal be attached by sufficyent pledges and the pryce of the wrek shal be valued and delyuered to the townes if any be suspected of the death of any maÌ„ beynge in daunger of lyfe he shal be taken and imprysoned as afore is sayd In lyke maner he shal be leuyed for all murdres burglaryes and for men slayne or in perell to be slayne as other where is vsed in Englande and all shall folowe â—he hue and steppes as nere as can be And he that doyth not and is conuycte therupon he shal be attached to be afore the iustyces of the gayle cÌ„ ¶ Here endyth the statute vpon the offyce of Coroners ¶ The estatute of proteccyons made the .xxxiii. yere of kynge Ed. i ⸫ EDwarde by
the grace of God cÌ„ To all his true and faythfull subiectes greatyng Forasmuch as many do purchase the proteccion of our soueraygne lorde the kynge affyrmynge that they were out of the realme in the kynges seruyce It is prouyded that if theyr aduersary wyl chalenge the proteccyoÌ„ immedyatly wheÌ„ it is shewed in the court wyl â—uerre that they were within the foure sees and out of the kynges seruyce in a place certayne so that they myght haue conueinently appered theyr chalenge shal be entred and the matter shall abyde without day accordyng to the nature of the proteccion And whan it shal be resomoned and the partye comyth into the courte to demaunde iudgement and to folowe his processe offeryth to auerre his chalenge If his aduersarye wyl attende and the couÌ„tre doth passe agaynst hym ths proteccyon shall torne as a defaute to hym that caste it if he be tenauÌ„â— And if he be demaundaunt he shall lesâ— his wryt and shal be ameâ—â—yed vnto the kyng Eyuen at westmynster the .xviii. day of NoueÌ„bre the .xxxiii. yere of kyng Edwarde sone of kynge Henry ¶ Finis ¶ The maner of leuyeng fynes made the .xviii. yere of kyng Edwarde .i. ⸫ WHan the wrytte origynall is delyuered in presens of the partyes a pledour shall say this Syr iustyce coÌ„ge daccorder And the iustyce shall saye to hym Syr R. And shall name one of the partyes then whan they be agreyd of the sume of money that must be gyuen to the kyng the iustyce shall commaunde the peace to be cryed and after the pledour shall saye In so much as the peas is lycenced thus vnto you w. S. and. A. his wyfe that here be do knowledge the maner of B. with the appurtenaunces conteyned in the wrytte to be the ryght of our soueraygne lorde the kynge whiche he hath of theyr gyfte To haue and to holde to hym and his heyres of the sayd w. A. and of theyres of the sayd A. as in demeanes tentes sâ—ygnouryes plces puâ—chases wardes maryages relyefes eâ—chetes mylles aduousons of churches and all other fraunchyses and free customes to the sayd maner belongyng payenge yerely to K. his heyres as chyefe lordes of the fee the seruyces customes due for al seruyces And it is to be noted that the ordre of the lawe wyll not suffre a fynall accorde to be leuyed in the kynges court without the wrytte origynal And that must be at the lest before foure iustyces in the benche or in eyre and not otherwyse in presens of the parties named in the wrytte which must be of full age of good memorie and out of pryson And if a womaÌ„ coueribe one of the partyes than she must be fyrst examyned by foure of the sayd iustyces And if she doth not assent therto the fyne shall not be leuyed And the cause wherfore suche solempnyte ought to be done in a fyne is because a fyne is so hyghe a barre of so great force of so stronge nature in hym selfe that it coÌ„cludeth not onely such as be parties and preueys therto and theyr heyres but all other people of the world beyng of full age out of pryson of good memorie within the .iiii. sees the daye of the fyne leuyed if they make not theyâ— â—ayme of theyr accyon â–ª within a yere â— a daye by the cuntre ¶ Finis ¶ A statute of gauelette in London made the .x. yere of K. Ed .ii. IT is prouyded by our soueraygne lorde the kyng his iustyces also graunted vnto the cytezyns of London that archbyshops byshops crles baroÌ„s and other that haue rentes in London and for som tenemeÌ„tes the rentes are behynde and can not recouer those rentes that it shal be lawful for theÌ„ to dystrayne theyr tenauÌ„tes for the arrerages so long as any thyng is founde in the fee wherby they may be dystraygned the tenaÌ„tes shal be impleded by a wryt of gauelet of customes seruyces which may be well done by theyr fremeÌ„ of the cyte pÌ„sented in theyr huystynges for the kepyng of theyr sute to gather theyr reÌ„tes so that if the tenantes do knowledge theyr seruyces they shall incontineÌ„t without delay satysfye theyr lordes of theyr arrerages And if they denye them theyr seruyces the demandaÌ„tes shal ymmediatly name two wytnesses whose names shal be inrolled shall haue a daye to bryng them forth at the next hustynges at which day if they brynge forth wytnesses and it is shewed by them in the full court of theyâ— owne syght and hearynge that the same playntyfes haue any tyme receyued the rentes whiche they demaunde of the tenementes then the tenauntes shall lese theyr fees by awarde of the courte the playntyfes shall recouer theyr tenementes in demeane If they wyll knowledge the seruyces vnto theyr lordes as before is sayd and lykewyse they shall recouer the arrerages which shal be doubled and they shal gyue to the sheryfe for the wroÌ„g full witholdynge if they be worth so muche without any gâ—udgyng the sum of an hundred sÌ„ And if they do not com in after due somons in the huystynges then the same fees shal be delyuered vnto the playntyfes in the full huystynges to be holden and kept in theyr owne handes for one yeâ—â— a daye within the whiche tyme if the tenauÌ„tes do come vnto them and do offere to satisfye them of the arrecages double and to the sheryfe for his amercyment as before is sayd than they shal haue theyr tenementes agayne but if it be after one yere and a daye accomplyshed such tenementes shall remayne vnto the lordes of those fees by iudgement of the courte in theyr demeane for ouer more And then suche landes shal be called forschâ—k because such tenemeÌ„tes shall remayne for euer in demeane to the lordes of the fees for the defaute of the seruyce The same ordynaunce shall be kepte and obserued if the tenauntes do confesse or knowledge the arrerages be not able to make satysfaccyon therfore as it is sayd before ¶ Finis ¶ A statute for knyghtes made the fyrst yere of kyng Edwarde the secounde ⸫ OVr soueraygne lorde the kyng hath grauÌ„ted that all suche as ought to be knyghtes be not and haue ben dystrayned to take vpon them the ordre of a knyghte within the feaste of the Natiuyte of our lorde shall haue respyte to take the foresayd armes of a knyght vntyll the vtas of saynct Hyllarye with out occasyon and after that they shal be dystrayned except they make som other meane Also he hathe graunted that if any wyll complayne in the chauncery because he was dystrayned cÌ„ and hath not .xx. li. yerely in fee or for terme of lyfe and wyll proue that by the countre then it shal be wryten vnto the more discrete and sage knyghtes of the shyre to take the sayd inquysicyon and if it fortune to be tryed so by the same inqueste he shall haue remedye and the dystresse shall cease Also if
any be impleded for al his land or for parte of the same so that the resydue be not suffycyent to the value of .xc. li. and can proue the same then the dystresse shall cease vntyll the same plee be determyned Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes so that the resydue therof doyth not amouÌ„te to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vntyll the foresayd dette be clerely payed And none shal be dystrayned to take vpoÌ„ hym the ordre of a knyght before that he come vnto the age of .xxi. yeres Also none by reason of any lande that he holdeth in maners whiche be now in auncyent demeane of the crowne as a sokeman and whiche lande also muste gyue â—allage when the kynges demeanes are taylled shal be dystrayned to take vpon hym the ordre of a knyght Also of them that holde theyr laÌ„des in socage of other maners then of the maners of the kyng doynge no foreyn seruyce the rolles of the chauÌ„cery shal be serched for the tyme of the kynges predecessours And it shal be done as it hath vsed to be done In lyke maner shal be done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye Also none shal be dystrayned for his burgage landes although they do amounte to the value of .xx. li. yerely or more Also they that ought to be knyghtes and be not whiche haue holden theyr landes in theyr handes but a small tyme. And lykewyse knyghtes that do pretende great age or defaute of theyr membres or any other incurable dysease or charge of theyr chyldren or of plees or do alledge such necessary excuses they shall go vnto Roberte Typtofte and Anthonye de Becke and shall make fyne before them to whom it is enioyned that accordyng to theyr dyscresyons they shall admytte the reasonable fynes of al such persons ¶ Here endyth the statute of knyghtes ⸫ ¶ A statute of waste made the â–ª xx yere of kyng Ed .i. WIllyam Boteller whiche is within age in warde of our soueraygne lorde the kyng hath shewed vn to the kynge that where Gawen Buteller his brother whose heyre he is hadde impleded one walter de Hapeton by the kynges wrytte for waste and dystruccyon made by hym in certeyn his landes and tenementes which the same walter helde for terme of his lyfe of the inherytaunce of the foresayde Gawyn in wymme and Thyrke And the aforesayd Gawyn before he had opteyned iudgement dyed After whose death the aforsayd wyllyam by a lyke wrytte impleded the foresayd walter for the waste distruccyon made by hym of longe tyme. The same walter before Gylbert Thorneton and his compaygnyoÌ„s assygned to here the kynges plees came in sayd that he ought not to aunswere the same wyllyam for the waste and dystruccion made in the tyme of any other before the ryght of the sayde inherytaunce discended vnto hym and therupon demaunded iudgement And for asmuch as certayne iustyces dyd not agree in gyueng of the sayd iudgement because it seamed to sume that it was not agreable to the lawe if another persone shulde opteyne auauntage recompense by the foresayde wryt whiche is a wrytte of trespas done to a persone certayne but onely the same persone to whome and in whole tyme the trespas was done Other iustyces with the more part of the kynges counsel were in the contrarye opinion alledgynge by dyuerse reasons that the sayd wyllyam ought to be harde and aunswered vnto and al other what so euer they be in lyke cases or iÌ„ lyke trespaces and for because lyke matters haue remayned not amended lyke trespaces vnponyshed which was inconuenient Our soueraygne lord the kynge in his full parlyament holden the daye after the feaste of the Purificacion in the .xx. yere of his reygne by a generall counsell hath ordeyned and from hensforth hath comaunded to be straytly obserued that euery heyre in whose warde so euer he be and aswell within age as of full age shall haue his recouerye by a wrytte of waste in the foresayd case and also in other where the same wrytte ought to holde place and it shall holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his auÌ„cetours as at any other tyme that the fee and inherytaunce dyscended vnto hym and shal be aunswered vnto therfore And that he shall recouer the landes wasted and damages as it is ordeyned in the laste statute of westmynster of damages to be recouered iÌ„ a wryt of waste if the tenaunt be conuycte for the waste And it is comaunded by the kynge hymselfe vnto the same Gylbert Thorneton and his compaygnyoÌ„s that they do procede in the foresayd matter and in other lyke fromhensforthe and iudgement shal be gyuen accordynge as the matter is founde And lykewyse it is comaunded vnto the iustyces that they shall cause all the aforesayd thynges to be straytly obserued before them fromhensforth ⸫ ¶ Here endyth the statute of waste ⸫ ¶ A statute of weyghtes and measures made the. Li. yere of K. Henry the thyrde THe standarde bushelles galons and elles shal be signed with an yroÌ„ scale of our soueraygne lorde the kynge saufely kept vnder the payne of an hundred li. And no measure shall be in any towne without it do agree with the kynges measure marked with the seale of the shere towne If any do sell or bye by measures vnsealed and not examyned by the mayer or bayllyfes he shal be greuously amerced And all measures of any towne both great small shal be vewed and examined twyse in a yere If any be coÌ„uyct for a double measure that is to wyte a greater for to bye with a small to sell with he shal be imprysoned for his falshode and shall be greuously ponyshed The standard busshelles and elles shal be in the custodie of the mayer and bayllyfes and of syx lawfull persones of the same towne beynge sworne before whome all measures shal be sealed No maner of grayne shall be solde by the heppe or cautell except it be â—tes malte and fetche ¶ Finis ¶ The statute of forstallours made cÌ„ ⸫ IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shal be dwellyng in any towne which is an oppressor of pore people manyfestly and a comon enemye of the hole shyre and countre whiche for gredynes of shamefull lucre doth preueÌ„t other in byeng grayne fyshe herryng or any other thynge to be solde comyng by lande or watter oppressyng the pore and despysyng the ryche which carryeth awaye suche thynges entendyng to sell them more dere The which comyng to marchauntes straungers that brynge marchauÌ„dyse offeryng them to bye and informyng theÌ„ that theyr goodes myght be derer sold then they intended to sell
let out by the yere Also foren pasture that is comon how many and what beastes and catell the lorde may haue in the same howe much the pasture of euery beast is worth by the yere to let Also it is to be inquered of parkes demean woodes whiche the lord may assarte and improue at his pleasure and howe many acres they contayne and howe much the vesture of an acre is worth and howe much the lande is worth after the wood is fellyd howe many acres it conteyneth and howe muche euery acre is worth by yere Also it is to be inquered of foreyn woodes where other men haue comon and howe much the lord may improue to hymselfe of the same woodes howe many acres and for howe much the vesture of euery acre maye be solde and howe muche the grounde is worth yerely after that the woode is fellyd and howe many acres it coÌ„tayneth what euery acre is worth by the yere Also it is to be inquered wether the lord may gyue or sell any thyng of the resydue of the foresayd woodes what suche geftes or sales are worth by the yere Also it is to be inquered of pawnage and herbage of the towne and all other profyttes of forestes woodes ryuers ¶ The newe statute of Quo warranto made the .xxx. yere of K. Ed .i. ⸫ THe yere of our Lord M. CC .lxxviii. the .vi. yere of the reygne of kynge Edwarde at Gloucestre in the moneth of August the kynge hymselfe prouydyng for the welthe of his realme and the more full mynistracyon of iustyce as to the offyce of a kyng belongyth the more dyscrete men of the realme aswell of hyghe as of low degre beyng called thyther It was prouyded and ordeyned that where the realme of Englande in dyuerse cases aswell vpon lybertes as otherwyse wherin the lawe fayled to auoyde the greuous damages and innumerable disherytes that the defaute of lawe dyd brynge in had nede of dyuerse helpes of new lawes certayne new prouisyons that these prouisyons statutes and ordynaunces vnderwryten shall fromhensforthe be straytly and inuiolably obserued of all the inhabitauntes of his realme where as prelates erles baroÌ„s and other of our realme that clayme to haue dyuerse lybertes whiche to examyne and iudge The kynge had prefyxed a day to such prelates erles barons and other It is prouyded agreyd and ordayned that the sayd prelates erles barons and other shal vse such maner of lybertes after the fourme of wryt here folowynge Rex vicÌ„ salutem Cum nuper in parliamento nostro apud westmonasterium per nos consilium nostruÌ„ prouisum sit proclamatum quam prelati comites barones alâ—â— de regno nostro qui diuersas libertates per cartas progenitorum nostrorum regum Anglie habere clamant ad quas examinandas iudicandas diem prefixeâ—imus in eodeÌ„ parliameÌ„to libertatibus illis taliter vterentur quam nihil sibi per vsurpacionem seu occupacionem accrescerent nec aliquid super nos occuparent Tibi precipimus quam omnes illos de comÌ„ tuo libertatibus suis quibus hucusque rationabiliter vsi sunt vti gaudere permittas in forma predicta vsque ad proximum aduentum nostruÌ„ per comitatum predictum vel vsque ad proximum aduentum iusticÌ„ iâ—inerantiuÌ„ ad omnia placita in comitatu vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus Teste cÌ„ In lyke maner in the same fourme And if percase they wyll challenge and saye that they are not bounden to aunswere in the origynall wrytte then if it may apere by any mean that they haue vsurped any lybertes vpon the kynge or his predecessours of theyr owne hed or presumpcion they shal be comaunded to aunswere incontynent without wrytte And moreouer they shall haue such iudgement as the courte of our soueraygne lorde the kyng wyll awarde And if they wyll saye further that theyr auncetours dyed seased therof they shal be hard and the truth shal be inquered incontynent accordyng to that iudgement shal be gyuen And if it appere that theyr auncetours dyed seased therof then the kynge shal haue a wrytte out of the chauncery in this fourme Rex vicÌ„ salutem Sum. perbonos summoniâ— talem quam sit coram nobis apud talem locum in proximo aduentu nostro in comitatu predicto vel coram iusticiarus nostris ad proximaÌ„ assisam cum in partes illas venerint often â–ª surus quo warranto tenet visum francipleg in manerio suo de N. vel sic quo warranto tenet hundredum de S. in comitatu predicto vel quo warranto câ—amat habere tholoneum pro se heredibus suis per totum regnum nostrum Et habeas ibi hoc breue Teste cÌ„ And if they come in at the same day they shal aunswere and if they do not come nor be essoyned before the kynge and the kyng do tarye lenger in the same shyre suche ordre shal be taken as is in the circuyte of iustyces And if the kyng depart from the same shyre they shal be aiourned vnto short dayes and shal haue reasonable delayes accordyng to the discrecioÌ„ of the iustyces as it is vsed in personal acciâ—s Also the iustyces erraÌ„t in theyr circuyte shall do accordyng to the foresayd ordynaunce and accdrdyng as suche maner of plees ought to be ordered in the circuyte Concernyng complayntes made and to be made of the kynges bayllyâ—es and of other it shal be done accordyng to the ordynaunce made before therupon and accordynge to the inquestes taken therupon heretofore and the clause subscribed shal be put in a wryt of comoÌ„ somoÌ„s in the circuyte of the iustyces assygned to comoÌ„ plees dyrected to the sheryf cÌ„ that shal be such Rex vicÌ„ saluteÌ„ Precipimus tibi quam publice ê“clamari facias quam omnes conquerentes seu conqueri volentes tam de ministris et aliis balliuis nostris quibuscunque quam de ministris et balliuis aliorum quorumcunque et aliis ventaÌ„t coram iusticiarus nostris ad primam assisam ad quascunque querimonias suas ibidem ostendendas and competentes emendas iude recipiendas secundum legem et consuetudinem regni nostri et iuxta ordinationem per nos iude factam et iuxta tenorem statutorum nostrorum et iuxta articulos eisdem iusticiarus nostris iude traditos prout predicti iusticiaru tibi scire faciant ex parte nostra Teste meipso cÌ„ decimo die Septembris Anno regni nostri trigesimo ¶ Finis ¶ An ordynauÌ„ce of inquestes made the .xxxiii. yere of kyng Edwarde the fyrste ⸫ OF inquestes to be taken before any of the iustyces wherin our soueraigne lorde the kyng is partye howe so euer it â—e It is agreyd and ordayned by the kyng and all his counsell that fromhensforth notwithstandyng it be alledged by them that sue for the kynge that the iurours
of those inquestes or some of them be not indyfferent for the kynge yet such inquestes shal not remayne vntaken for that cause that is to say if any of them that sue for the kyng wyl challenge any of those iurours they shall assygne for theyr callenge a cause certayne and the truth of the same challenge shal be inquered whyther it be true or not after the dyscrecyon of the iustyces so the ordynaunce precedent the ordynaunce folowyng of the foreste were made in the parlyament at westmynster the sonday nexte before the feast of saynct Mathew Apostle the .xxxiii. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ An ordynaunce of the foreste made the .xxxiii. yere of K. Edwarde the fyrst UUhere as certayne people that be putte out of the foreste for the purlyew and by greate men haue made request to our soueraygne lorde the kynge at this parlyament that they myght be acquyted of theyr charge and of thynges that the forestars demaunde of them as they were wont to be â—ur soueraygne lorde the kynge aunswered fyrste that where he hadde graunted purlyew that he was pleased that it shulde stande in lyke maner as it was graunted all be it that the thynge were suyd and demaundyd in an euyll tyme neuerthelesse he wylleth and intendeth that all his demeaÌ„ landes where so euer they be that haue ben of the crowne be retourned by waye of escheate or otherwyse shall haue escheate of fre chase and fre warren and in suche maner shal be saued and kepte to his vse for all maner of eschetes and for all maner of thynges that pleaseth hym And iÌ„ ryght of them that haue landes and tenementes disaforested for the sayd purlyew and suche as demaunde to haue comen within the bouÌ„des of forestes The entent and wyll of our soueraygne lord the kyng is that fromhensforth where purlyew is they may clayme to be quyte of porture of the forestes and where as the kynges beastes can not haue theyr haunte repayre vpon the foreste grounde as they had so longe as they were within the forestes that such folke shal not haue comon nor other easement within the boundes of the woodes nor of the landes the which remayne in foreste but if any of them that be dysaforested by the purlyew wold rather be within the forest as they were before then to be out of the foreste as they be now It pleasyth the kyng very wel that they shal be receyued therunto so that they may remayne in theyr auncyent estate and shall haue comen and other easement aswell as they had before Wherupon our soueraygne lord the kyng wylleth and comaundeth that his iustyces of the forestes on this syde Trent and beyonde Trent in lyke maner shall kepe and holde and cause to be kept and holden straytly the foresayde poyntes within theyr lybertes in the fourme aboue mencyoned ¶ Finis ¶ A statute of conspiratours made the .xxxiii. yere of kynge Edward .i. ⸫ WHereit is coÌ„teined iÌ„ our statute that n one of our courte shal take any ple to chaÌ„per tye by crafte nor by engyn pleders apprentyses attorneys stewardes of great men bayllyfes nor any other of the realme shal take for mayntenauÌ„ce or other lyke bargayne any maner of sute or plee thorough out the realme wherby they that be ryche are greuyd and pore men trauayled in dyuers maners It is prouyded by a comon accorde that all such as fromhensforthe shall be attaynted â–ª of suche empryses sutes or bargeyns and suche as consente to suche maner of dealyng shal haue imprysonment of .iii. yeres and shal be raunsomed at the kynges pleasure Gyuen at Berwyke vpon Twede the .xx. yere of the reygne of kyng Edwarde Our soueraygne lorde the kynge at the informacyon of Gylberte â—owbery clerke of his counsell hath comaunded that who so euer wyll complayne hymselfe of coÌ„spyratours of false quareles vpholders inuentours and maynteynours of false matters parte takers therof brokers of debates that Gylbert of Thorneton shall cause them to be attached by his wryt that they be afore our soueraygne lorde the kynge to aunswere vnto the playntyfes by this wrytte folowynge Ker vicecÌ„ salutem Precipimus tibi quam si A. de G. fecerit le securum de clamore suo prosequendo tunc â—onâ— per vadium et saluos plegios G. de C. quam sit coram nobis in octauis sancti Iohannis Baptyste vbicunque tunc â—ucâ—â—mus in Anglia ad respondendum predicto A. de placito conspirationis et transgressionis secundum ordinacionem nostram nuper inde prouisam sicut ibidem A. ratinabiliter monstrare poterit quod ei inde respondere debeat Et habeas ibi nomina plegiorum et hoâ— breue Teste cÌ„ ¶ Here endyth the statute of conspiratours ⸫ ¶ An ordynaunce of measuryng lande made the .xxxiii. yere of kynge Edwarde the fyrst WHen an acre of lande conteineth .x. perches in leÌ„gth then it shall be in bredeth xvi perches when it conteyneth .xi. perches iÌ„ leÌ„gth then it shall be in bredeth .xiiii. dimÌ„ qÌ„r one fote when it is .xii. theÌ„ xiii and one fote when it is 13. then 13. 5. fote 1. ynche when 14. then 11. fote 1. ynche when 15. then 10. and dimÌ„ 2. fote and dimÌ„ when 16. then 10. when 17. theÌ„ 11. 3. fote 3. ynches and dimÌ„ when 18. then 8. dimÌ„ 6. fote and dimÌ„ 5. ynches when 19. then 8. 6. fote 4. ynches and dimÌ„ when 20. then 8. perches when 21. then 8. perches and dimÌ„ 2. fote 1. ynche when 22. then 7. 1. qÌ„t 8. ynches dimÌ„ when 23. then 6. and dimÌ„ .iii. ynches 6. fote and dimÌ„ when 24. then 6. and dimÌ„ 2. fote and dimÌ„ 3. ynches when 25. then 6. and. 1. qÌ„t 2. fote and dimÌ„ ynche when 26. then 5. and dimÌ„ 6. fote 2. ynches when 27. then 5. and dimÌ„ 3. fote when 28. then 5. 7. fote and dimÌ„ when 29. theÌ„ 5. 7. fote and dimÌ„ when 30. then 5. 6. fote when 31. then 5. 2. fote and dimÌ„ when 32. then 5. when 33. then 4. dimÌ„ 1. qÌ„r 1. fote dimÌ„ 1. ynche when 34. then 4. and dimÌ„ 3. fote 4. ynches and dimÌ„ 1. qÌ„t when 35. then 4. and. 1. dimÌ„ 1. fote 2. ynches and dimÌ„ when 36. then 4. and 1. qÌ„t 3. fote 5. ynches and dimÌ„ when 37. then 4. 1. qÌ„t 3. fote and dimÌ„ when 38. then 4. fote and dimÌ„ when 39. then 4. 1. fote and dimÌ„ 2. ynches and dimÌ„ when 40. then 4. when 41. then 3. and dimÌ„ 1. qÌ„t 2. fote and dimÌ„ when 42. then 3. 1. qÌ„t 1. fote when 43. then 3. 2. fote and dimÌ„ when 44. then 3. and dimÌ„ 1. fote and. 5. ynches when 45. then 3. and dimÌ„ ¶ Finis ¶ Here foloweth the statute of Acton Burnell made the .xiii. yere of K. Ed .i. FOrasmuch as merchauntes which hertofore haue lente theyr goodes to dyuerse persones be greatly impoueryshed because there is no spedy law
of dettes nor of other thynges but of such only as concerne them of the kynges house nor shall holde none other plee by oblygacyon at the determinacioÌ„ of the stewarde or the marshall And if they attempte any thynge contrarye to this ordynaunce it shall be holden as voyde And forasmuch as heretofore many felonyes that haue ben commytted within the vierge haue ben vnponished all because the coroners of the counâ—re haue not ben authorysed to inquere of felonyes done within the vierge but only the coroner of the kynges house which neuer coÌ„tynueth in one place by reason wherof there can be no tryall made in due maner nor the felons put in exigent nor outlawed nor no thynge presented in the circuyte the which hath ben aswel to the great damage of the kynge as to the dysturbaunce of his peace It is ordeyned that fromhensforthe in cases of the death of men wherof the coroners offyce is to make vyew inquest it shal be comauÌ„ded to the coroner of the couÌ„tre that he with the coroner of the kynges house shall do as belongyth to his offyce and enrolle it And that thynge that can not be determyned before the stewarde where the feloÌ„s can not be attached or for other lyke cause shal be remytted to the comon lawe so that exâ—gendes ontlawryes presentmentes shall be made therupoÌ„ in the â—â—rcuyte by the coroner of the â—tuÌ„re aswel as of other felonyes done out of the vâ—erge neuertheles they shall not omyt by reson hereof to make attachmentes fresheâ—y vpon the felonyes done 4. Moreouer no comoÌ„ plee shal be froÌ„hensforth holdeÌ„ in theschequer coÌ„trary to the fourme of the great chartour 5. And on the other partye the kynge wyll that the chauÌ„cellour the iustyces of his bench shall folowe hym so that he may haue at all tymes nere vnto hym sâ—â—e that be learned in the lawes which be able dâ—â—â—y â—â— ordre all suche matters as shall com vnto the court at all tymes when â—â—d◠〈…〉 quyre 6. 〈…〉 shall no wrytte froÌ„hensforth that 〈…〉 comon lawe go forth vnder any of the pâ—â—y seales 7. The constable of the castel of Douer shal not froÌ„hensforth holde any plee of a foreyn couÌ„tie within the castell gate except it towche the kepyng of the castell nor the sayd constable shal not dystrayâ— the inhabyâ—auntes of the fyue portes to plede any otherwhere nor otherwyse then they ought after the fourme of theyr chartours obtayned of kynges for theyr olde frauÌ„chyses coÌ„fermed by the greate chartours 8. The kynge hath grauÌ„ted vnto his people that they shall haue eleccyon of theyr sheryfe in euery shyre where the shryualte is not of fee if they Westâ—â— â— Capt. 58 lyste 9. The kyng wylleth comaundeth that no sheryfe nor bayllyfe shall impanell in inquestes iuryes ouer many persones nor otherwyse then it is ordeyned by the estatute that they shall put in inqueste suche as be nexte neyghbours most sufficyent lest suspicyous And he that otherwyse doyth be attaynted therupon shall paye vnto the playntyfe his damages double shal be greuously amerced vnto the kynge 10. In ryght of coÌ„spiratours false infourmours imbraceous of assyses inquestes iuryes the kynge hath prouyded remedy for the playntyfes by a wryt out of the chauncery And fromhensforth the kyng woll that the iustyces of eyther benche assygned to take assyses when they come into the cuntre to do theyr offyce shal vpon euery playnte made vnto them awarde inquestes therupon without wrytte and shall do ryght vnto the playntyfes without further delaye 11. And for because the kyng hath heretofore ordeyned by estatute that none of his mynistres shal take no ple for mayntenauÌ„ce by which estatute other officers were not boundeÌ„ before this tyme. The kynge wyl that no offycer nor any other for to obtayne part of the thyng in plee shall bere any matter that is in suyte Nor none vpon any such couenauÌ„t shall gyue vp his ryght to another if any do and be attaynted therof the taker shal forfayte vnto the kynge so much of his landes and goodes as doth amount to the value of the part that he hath purchased for such mayntenaunce And for this atteyndâ—e who so euer wyl sue for the kyng before the iustyces afore whoÌ„ the plee hangeth shal be admytted therto â–ª and the iudgement shal be gyuen by them But it may not be vnderstanden hereby that any persone shal be prohybytte to haue counsel of pleders or of lerned men in the lawe for his fee or of his next frendes 12. Fromhensforth the kyng wyl that such dystresses as are to be taken for his dettes shall not be made vpon horses of the ploughe so longe as they may fynde any other vpon the same payne that is ordeyned by the estatute And wyll not that to great dystresses be taken for his dettes nor dryuen to ferre and if the dettour can fynde able and conuenieÌ„t suretye for a daye within which a man may purchase remedie â—or to agree with the demaunde the dystres shall be relessed in the mean tyme and he that otherwyse doth shal be greuously ponyshed 13. And for asmuche as the kynge hath graunted the eleccyon of sheryfes vnto the comons of the shyre the kynge wyll that they shall chuse suche sheryfes that shall not charge them and that they shal not put any offycer in authoryte for rewardes or brybes And that they shall not lodge to ofte in one place nor with pore persones or men of relygion 14. Fromhensforthe the kynge wyll that his bayllewykes hundredes nor of other great lordes of the lande be not let to ferme at two greate soms wherby the people is ouercharged by makynge contribucyon to such fermes 15. In somons attachemeÌ„tes in plee of lande the wryttes froÌ„hensforth shall conteyne .xv. dayes full at the leste after the comoÌ„ lawe if it be not an attahcmeÌ„t of assyses taken in the kynges presence or of plees before iustyces iÌ„ eyre duryng the eyre 16. Suche execucion shall be done of them that make false retournes of wryttes wherby ryght is deferred as is ordeyned in the secound statute of westmynster with lyke payn at the kynges comaundemente 17. And for asmuch as there is more increase of malefactours in the realme then is expedient for the comon welth that robboryes murdres maÌ„â—laughters are comytted out of measure the peas lytle obserued by reason that the statute which the kyng not long past made at wynchestre is not obserued The kynge wyll that the same statute be sente agayne into euery countie to be red publyshed foure tymes in the yere kept in euery poynt as straytly as the two great chartours vpon the paynes therin lymytted And for the obseruyng mayntenauÌ„ce of this statute the knyghtes that be assygned in the shyres for to redresse thynges â—one agaynst the sayd great chartours shal be charged shall haue theyr warrante therfore 18. For redresse
benche that shall dyrecte a wryt vnto the mayer and sheryfes that if the tenaunte haue loste his lande that they shall cause the lande to be extended and valued shall retourne the extent at a certayne day in â—o the benche after it shal be commaunded vnto the sheryf of the shyre where the warrauntye was somoned that he shall cause the partye warranted to haue as moche of the lande of the warrantour in value as he lost ¶ The .xiii. Chapiter IT is prouyded also that after such tyme as a plee is moued in the cyte of London by wrytte the tenaunt shall haue no power to make any waste or estrypament of the lande beynge in demaund hangyng the ple if he do the mayer and sheryfes shall cause it to be kept at the sute of the demaundant And the same ordynaunce and statute shal be obserued in other cytâ—es boroughes euery where through out the realme ¶ The .xiiii. Chapitre THe kynge of his specyall grace graunteth vnto the cytezyns of LoÌ„don that where as before tymes they that were dyssesed of theyr freholde in the same cyte coude not recouer theyr damages before the comyng of the iustyces to the towre that from hensforth the dyssesyes shall haue damages by the same assyse wherby they recouered theyr landes And the dissesours shal be amerced by barons of the eschequer whiche shall resorte ones a yere into the cyte to do it And it shal be commaunded to the baroÌ„s and to the treasourer of theschequer that they shall cause it euery yere to be leuyed by two of them and the amercymentes by the somons of the eschequer to be leuyed to the kynges vse delyuered vp in the eschequer ¶ The .xv. Chapiter IT is prouyded also that mayers and bayllyffes before the comynge of the baroÌ„s shall inquere of wynes sold agaynste the assyse and shall presente it before them at theyr comyng and then to amerce the partyes where before tymes they taryed vnto the comynge of the iustyces errauntes youen at Gloucestre the .iiii. day of Octobre the .vi. yere of the reygne of kynge Edwarde sone of kynge Henry ¶ Here endeth the statute of Gloucestre ¶ Exposycyons vpon the statute of Gloucestre AFterwarde by the kynge our soueraygne lorde and his iustyces certayn expo sycyons were made vpon som of the artycles about mencyoned and as to the fyrst artycle that for entrees by dysseson damages shall runne from the tyme of the statute publyshed lykewyse of wryttes of entre vpon dysseson of damages in all wryttes of mortdauncetour cosynage ayel and besayel of intrusyon by a mans owne acte by any maner of wrytte â–ª damagê shall â—uÌ„ne after the wrytte purchased agaynst that helde by statute all be it that theyr auncetours dyed seased therof Of inquerye to be made touchyng such as be within age the statute shall runne without lymytacyon of tyme of the alyenacyon of landes holden by the lawe of Englande the statute shall runne for suche landes beyng alyened after the tyme of the statute publyshed In lyke maner the statute shall extende and runne vpon the landes of a wyfe alyened by her husbande where as no fyne was leuyed and also vpon landes beyng let in fee ferme vpon condycyon to paye therfore yerely the fourth parte of the very value therof the statute shall runne and extend aswell vn to landes that were lessed before the makynge of the statute as after so that the tenauÌ„t hath witholdeÌ„ then by the space of two yeres more that he shulde haue payed vnto his lessour verely acordyng vnto the fourme of his couenaunt And as to the ponyshement of waste it shal be vnderstanden in all cases except it be of dowers and wardshyp of such wastes as were made syns the publyshyng of the statute And as concernyng them which do alyene theyr dowers it shal be alway vnderstanden after the publyshynge of the statute Gyuen at Gloucestre the sondaye nexte after the feaste of sayncte Peter ad vincula the .vi. yere of the reigne of kynge Edwarde the fyrst ¶ Here endyth the exposycyons vpoÌ„ the statute of Gloucestre ¶ The secounde statute of west mynster made the .xiii. yere of kynge Edwarde the fyrste WHere as of late our soueraygne lorde the kynge in the quynzieme of sayncte Iohan Baptyste the .vi. yere of his â—eygne callyng to gyther the prelates erles barous and his councell at Gloucestre and coÌ„syderyng that many of this realme were dysheryted by reason that in many cases where remedye shuld haue ben had there was none prouyded by hym nor his predecessours ordeyned certayne statutes necessarye and profytable for his people wherby the people of England and Irelande beyng subiectes vnto his power haue obtayned more spedye iustyce in theyr oppressyons then they had before and certayn cases wherin the lawe fayled dyd remayne vndetermyned som remayned to be inacted that were for the reformacyon of the oppressyoÌ„s of his people our soueraygne lorde the kyng in his parlyamente after the feaste of Easter holden the .xiii. yere of his reygne at westmynster caused many oppressions of the people cases where the lawe fayled for the accomplyshment of the sayd statutes of Gloucestre to be rehersed and therupon dyd prouyde certayne actes as it shall appere more playnly here folowynge FIrste concernyng landes that many ¶ The. I. Chapitre tymes are gyuen vpon condycyon that is where a man gyueth his lande to another and his wyfe to the heyres begotteÌ„ of the bodyes of that same man and wyfe with suche condicion expressed if that the maÌ„ and his wyfe dye without heyres of theyr bodyes betwen them begotten the lande so gyuen shuld reuerte to the gyuer or his heyre In case also where landes be gyuen in fre mariage which gyft hath a coÌ„dicyon auuered though it be not expressed in the dede as thus That if the same husbande wyfe dye without heyre of theyr bodies begotten the lande so gyue shall reuerte to the gyuer or his heyre In case also where a man gyueth lande to another and to the heyres of his bodye issuyng it semed very harde yet semeth to the gyuers and theyr heyres that theyr wylbeyng expressed in the gyft was not nor yet is not obserued In all the cases afore sayd after issue borne begotten betwene them to whom the landes were gyueÌ„ vnder such condicyon heretofore suche feffees had power to make alyenacyon of the lande so gyuen and to dysheryte theyr issue contrary to the myndes of the gyuers and contrary to the fourme expressed in the dede And further where the issue faylyng the lande so gyuen ought to retourne to the gyuer or his heyre by fourme of the gyfte expressed in the dede though the issue if any were by the dede and feffement of them to whome the landes were gyuen vnder suche condycyon were barred of theyr reuercyon whiche was dyrectely repugnauÌ„t to the fourme of the gyfte wherfore our soueraygne lorde the kynge consyderyng how necessarye
and expedyent it shulde be to prouyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the fourme expressed in the dede of gyfte shal be obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen but that it shall remayne vnto theyr issue afâ—er theyr deathe or shall reuerte to the gyuer or his heyres if issue fayle so that there be no issue at all or if any issue be and fayle by death or heyre of tâ—e body of suche issue faylynge Nor the sâ—couÌ„d husband of such a womaÌ„ shall fromhensforthe haue any thynge in the land so gyueÌ„ after the death of his wyfe by the lawe of Englande nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce but immedyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen it shall retourne to theyr issue or to the gyuer or his heyre as before is sayd And forasmuch as in a newe case newe remedy muste be prouyded this maner of wrytte shal be gyuen to hym that wyll purchase it Precipe A. quam iuste c. reddat B. tale manerium cum pertinenÌ„quam C. dedit tali viro et tali mulieri et heredibus de ipsis viro et muliere exeunt vel quam C. dedit tali viro in liberum maritagium cum tali muliere et quam post mortem predictorâ— viri et mulieris predicto B. filio corundem viri et mulieris descendâ—â—e debeat per formam donacionis predicte vt dicit â—el quod C. dedit tali et heredibus de corpore suo exeunt et quod post mortem illius talis predicto B. filio predicti talis descendere debeat per formam c. The wrytte wherby the gyuer shall recouer when issue fayleth is comen ynough in the chauncery And it is to wyte that this statute touchynge alyenacyon of lande contrarye to the fourmâ— of the gyfte hereafter to be made shall holde place and shall not extend to gyftes made before And if a fyue beleuyed hereafter vpon such landes it shal be of no effecte in the lawe Nor such as the reuercyon belongeth vnto though they be of full age within England and out of prysone shall not nede to make theyr clayme ¶ The .ii. Chapitre FOr asmuche as lordes of fees dystraynyng theyr tenauntes for seruyces and customes due vnto them are many â—ymes greuyd because theyr tenauntes do repledge the dystresby wryt or without wrytte And wheÌ„ the lordes at the complaynte of theyr tenauntes do come by attachemente into the shyre â–ª courte â–ª or vnto another courte hauynge power to holde plees of whythernam do abuowe the takynge good lawfull in that the â—â—naunâ—â—s dysauowe and do dysclayme to hold awght of hym which toke the dystres and aduowed it he that dystrayned shal be amerced and the tenauntes shal be quyte to whome ponyshment can nâ—t be assygned for the dysadâ—owynge by recorde of the courte or of other courtes hauyng no recorde It is prouyded and ordeyned from hensforthe that where such lordes can not obtayne iustyce in such maner of courtes against theyr tenauntes as sone as they shal be aâ—tached at the sute of theyr â—enaunâ—es a wrytte shal be grauÌ„ted them to remoue the matter before the iustyces by whom iustyce may be gyuen to such lordes and afore none other the cause shal be putte in the wrytte because suche a man dystraynedâ—â— his fee for seruyces and customes to hym due nor this acte shall not be preâ—udycy all to the law comonly vsed wherby â—â— is prohybytte that no ple shal be remoâ—ed before iustyces at the sute of the defendaunt for though it appeare at the fyrste that the tenaunt is playntyf and the lorde defendant neuerthelesse hauynge respecte to that that the lorde hath dystrayned and suyth for seruyces and customes beyng behynd he aperyth in dede to be rather playntyf than defenbant and that the iustyces maye knowe vpon what freshe season the lordes may aduowe the dystres good and lawfull vpon theyr tenantes From hensforth it is agreyd and enacted that a dystres maye be aduowed reasonable vpon the season of any auncetour or predecessour syns the tyme that a wrytte of nouell dysseson hath runne because it chaunceth many tymes that the tenauÌ„t after he had repledged his beastes doyth sell theÌ„ wherby retourne can not be made to the lorde that dystrayned if it be adiudged It is prouyded that the sheryfes or bayllyfes from hensforthe shall not receyue of the playntyfes onely suretyes for the sute before they make delyuerauÌ„ce of the dystres but also for the retourne of the beastes if retourne be awarded And if any man take sureties otherwyse he shall aunswere for the pryce of the beastes and the lorde that dystrayueth shall haue his recouerye by wrytte that he shal restore vnto him so many beastes or catell And if the bayllyf be not able to restore his lorde shall restore And for asmuche as it happeneth somtyme that afâ—â—r the retourne of the beastes is awarded vnto the dystraynour and the party so dystrayned after that the beastes be retourned doyth repledge them agayne when he seyth the dystraynour appearyng in the court redy to aunswere hym do make defaute wherby retourne of the beastes is awarded agayne to the dystraynour And so the beastes be repledged twyse or thryse and infynytely and the iudgementes in the kynges couâ—â—e take no effecte in this câ— se wherupon no temedye hath ben yet prouyded In this case such processe shal be awarded that as sone as the retourne shal be awarded to the dystrayner by wryt of iudgemeÌ„t the sheryf shal be commaunded so make retourne of the beastes vnto the dystrayner in which wryt it shal be mencyoned that the sheryf shulde not delyuer them without wrytte in whiche it shal be mencyoned of the iudgement gyuen by the iustyces that can not be without a wrytte issuyng out of the rolles of the iustyces be fore whome the matter was brought Therfore when he cometh vnto the iustyces and desyreth repleuyn of his beastes he shall haue a wrytte of iudgement that the sheryf takyng suretye for the sute and also of the beastes or catell to be retourned or for the pryce of them if retourne be awarded shall delyuer vnto hym the beastes or catell before retourned and the distraynour shal be attached to come at a certayne day before the iustyces afore whoÌ„ the plee shal be broughâ— in presence of the partyes and if he that repledged make defaute agayne or for another cause retourne of the dystres beynge nowe twyse repledged be awarded the dystres shall remayne vnrepleuyablâ— but if a dystres be taken of newe and for a newe cause the processe abouesayde shal be obserued in the same newe dystres ¶ The .iii. Chapiter IN case when a man had lost by defaute the lande that he helde in
the same countye absent hymselfe vntyll the great dystres be awarded the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse within whiche .ii. shyrecourtes maye be holden and the sheryf shal be coÌ„maunded to dystrayne the mean by the great dystres lyke as it is contayned in the wrytte and neuertheles the sheryf at two ful shyrecourtes shal cause to be proclaymed solempnly that the mean doo come at a daye contayned in the wrytte for to aunswer his tenant at which day if he come the plee shall passe betwene them after the comen vsage and if he do not come the mean shal lese the seruyces of his tenant and after that the tenant shall not aunswere hym in any thynge but the menaltye beyng gone he shall aunswere vnto the chyef lorde for suche seruyces and customes as the mean vsed to do before that tyme nor the chyef lord shall haue no power to dystrayne so long as the aforesayd tenant dothe offer hym the seruyces and customes due And if the chyef lorde exacte more of hym then the mean was wont to do the tenant in such case hall haue agaynst hym all such excepcyons as the mean shulde And if the mean haue nothyng within the kynges domynyon neuertheles the tenant shall purchase his wrytte of mean of the sheryf of the same shyre where he is dystrayned And if the sheryf retourne that he hath nothynge wherby he may be somoned then shall the renant sue his wrytte of attachmeÌ„t And if the sheryf returne that he hath nothyng for to be attached by he shall sue neuertheles his wrytte of great dystres and proclamacion shal be made in fourme abouesayd And if the meane haue no lande in the shyre where the dystres is taken but hathe lande in some other shyre then a wrytte oryginal shall issue to somone the mean before the sheryf of the same shyre where the distres is taken and when it is testefyed by the sheryf that he hath nothyng in his shyre a wrytte iudyâ—y all shall issue to someone the meane before the sheryf of the same shyre where it was testefyed that he had lande and sute shal be made in the same shyre vntyll they haue passed vnto the great dystres proclamacyon as aboue is sayd where the mean hath laud in the same shyre in which the dystres is taken And neuertheles sule shal be made in the same shyre where he hath nothynge â–ª as aboue is sayd of the mean that hath nothynge vntyll the processe come to the great dystres and proclamacyon after proclamacyon made in bothe countyes the mean shal be for iudged of his fee and seruyce And where it happeneth many tymes that the tenant in demeane is infected to holde by lesse seruyce then the meane ought to do vnto the chyef lorde when after such proclamacion the tenaÌ„t hath attorned vnto the chyef lorde and the meane putte out the tenant muste of necessyte aunswere vnto the chyef lorde for all suche seruyces and customes as the meane was wont to do to hym And after that the meane is come into the courte and hath confessed that he ought to acquyte his tenaunt or he is compelled by iudgemeÌ„t to acquyte if after such confession or iudgement it is complayned that the meane doyth not acquyte his tenaunt then shall issue a wrytte iudycyall that the sheryf shall dystrayne the mean to acquyte the tenaunt and to be at a certayne daye before the iustyces for to shewe why he hathe not acquyted hym before and when they haue proceded vnto the great dystres the playntyf shall be harde and if the playntyfe can proue that he hathe not acquyted hym be shall yelde damages and by awarde of the courte the tenaunt shall go quyte from the meane and shall atturne vnto the chyef lorde And if he come not at the fyrste dystres a wrytte shall go forth to dystrayne hym agayne and proclamacyon shal be made and as sone as it is testefyed they shall procede to iudgement as before is sayd And it is to be vnderstanden that by this â—statute tenantes are not forebarted but they shall haue warrauntye of the meanes and theyr heyres if they be unpleded as they haue had before nor also the tenauntes be not forebarred but that they maye sue agaynste theyr meanes as they vsed heretofore if they see that theyr aduauntage may be more by the olde custome then by this estatute And it is to wyte that by this estatute no remedye is prouyded to any meanes but onely in case when there is but one mean betwen the lorde that dystrayneth and the tenant And but in such case onely where the mean is of full age and but in such case where the tenant may astorne vnto the chyef lorde without preiudyce of another then of his mean which is spoken for women holdyng in dower and tenantes by the curtezye or otherwyse for terme of lyfe or in fee taylle vnto whome for certayn causes remedye is not yet prouyded but god wyllynge there shal be ¶ The. x Chapitre UUhere as in the circuyte of the iustyces it was proclaymed that all such as wolde delyuer wryttes shuld delyuer them within a certayne tyme after which no wrytte shulde be receyued many trustyng vpon the same and taryeng vntyll the sayd tyme and no wrytte setued vpon them departed by lycense of the iustyces after whose departure theyr aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf they that thought to haue departed quyte lese theyr landes For the remedye of suche fraude from hensforth the kynge hath ordayned that the iustyces in theyr cyrcuytes shall appoyute a tyme of .xv. dayes or of a monethe or a tyme more or lesse after as the countye shall happeÌ„ to be more or lesse within which tyme it shal be openly proclaymed that all suche as wyll delyuer theyr wryttes shall delyuer them before the same terme And when the tyme comyth the sheryf shall certefye the chapitres before the iustyces errauÌ„t how many wryttes he hath and what and that no wrytte be receyued after the same tyme and if it be receyued the processe issuynge therupon shal be of none effecte but onely that a wrytte abated any tyme duryng the circuyte shal be amended Also wryttes of dower of men that dyed within the somons of the circuyte assyses of darreyn presentment Quare impedit of churches vacant after the foresayd somons at any tyme before the departure of the iustyces shal be receyued in the circuyte also wryttes of nouell dysseson shal be receyued in the circuyte of iustyces The kynge of his specyall grace graunteth that such as haue lande in dyuers shyres where the iustyces make theyr circuyte and that haue lande in shyres where the iustyces haue no circuyte that feare to be impleded are impleded of other landes in shyres where they haue no circuyte as before the iustyces
that they shall haue necessaryes for theyr lyuynge and may go forth to emptye theyr belye Also the kynges pleasure is that theues or appellours when so euer they wyl may confesse theyr offenses vnto prestes but let the confessours beware that they infourme not such appeallours vnwarely Also it is desyred that our soueraygne lorde the kynge and the great men of the realme do not charge relygyous houses and spiritual persones for corrodyes pensyons or soiournynge in relygyous houses and other places of the churche or with takyng vp horse cartes wherby suche houses are impoueryshed god seruyce dymynished and by reason of such charges prestes and other mynistres of the churche deputed vnto diuyne seruyce are oftentymes compelled to depart froÌ„ the places aboue sayd The auÌ„swere The kynges pleasure is that vpon the coÌ„tentes in theyr peticyon froÌ„hensforth they shall not be vnduely charged And if the contrarye be done by great men or other they shall haue remedy after the fourme of the statutes made in the tyme of kyng Edwarde father to the kynge that nowe is And lyke remedye shal be done for corrodyes and pensyons eracted by compulsyon wherof mencyoÌ„ is made in the sayd statutes Also if any of the kynges tenure be called before theyr ordynaryes out of the paryshe where they dwell if they be excommunicate for theyr manyfeste contumacye and after .xl. dayes a wryt goyth out to take them and they pretend theyr priuylege that they ought not to be cyted out of the towne and paryshe where theyr dwellynge is And so the kynges wrytte that went out for to take them is denyed The auÌ„swere It was neuer yet denyedâ— nor shal be hereafter Also it is desyred ye spirituall persones whome the kynge doyth present vnto benefyces if the bysshop wolde not admytte them eyther for lacke of scyence or for other cause reasonable they shall incurre the excommunicacion of lay persones in the cases afore sayd as for a thyng contrary to the decreys canonycall attempted but they shall sue vnto a spiritual iudge for remedye as ryght shall requyre The aunswere Of the ablenes of a person presented vnto a benefice of the church the examynacyoÌ„ belongeth to a spiritual iudge and so it hath ben vsed heretofore shal be hereafter Also if any dygnite be vacaunt where eleccyon is to be made it is moued that the electours or chosers may frely make theyr eleccyon without feare of any power temporall and that all prayers and oppressyons shal in this behalfe The aunswere They shall be made free accordynge to the fourme of statutes and ordynaunces Moreouer though a clerke ought not to be iudged by a temporal iudge nor any thyng may be done agaynste hym that concernyth lyfe or membre neuerthelesse temporall iudges cause that clerkes fleynge vnto the church and confessyng theyr offense do abiure the realme and for the same cause admitte they abiuracioÌ„s although here vpon they can not be theyr iudges and so power is wrongfully gyueÌ„ to lay persons in the ponyshement of such clerkes And if such chaunce to retourne after into the realme the prelates and clergye desyre such remedye to be prouyded herein that the immunyte or pryuylege of the church and spiritual persons may be said vnbrokeÌ„ The aunswere A clerke fleyng to the church vpon â—â—â—â—nye for to obtayne the pryuylege of the churche if he affyrme hymself to be a clerke he shal not be compelled to abiure the realme but yeldyng hymselfe to the lawe of the realme shall inioye the pryuylege of the churche accordynge to the laudable custome of the realme heretofore vsed Also notwithstandyng that a confessyoÌ„ made before hym that is not lawfull iudge therof be not suffycyeÌ„t wheron processe may be awarded or sentence gyuen yet some teÌ„porall iudges though they haue ben instauntly desyred therto do not delyuer to the ordynaryes acordyng to the premysses suche clerkes as confesse before them theyr moste heyghnous offences as thefte robborye and murdre but admyt theyr accusacion which comonly they call an appeall all be it to this respecte they be not of theyr court nor can be iudged or condemned before them vpoÌ„ theyr owne coÌ„fession without breakyng of the churches pryuylege The aunswere The pryuylege of the churche beyng demaunded in due forme by the ordynarye shall not be denyed vnto the appeallour as to a clerke We desyrynge to prouyde for the state of holy church of Englande and for the tranquyllyte and quyete of the prelates and clergye aforesayd as ferforthe as we may lawfully do to the honour of god and emendacyon of the church prelates and clergye of the same Ratefyeng confermyng approuynge all and euery of the artycles aforesayde with al and euery of the aunswers made and conteyned in the same do graunte and commauÌ„de them to be kept firmely and obserued for euermore wyllyng and grauntynge for vs and our heyres that the foresaid prelates and clergye theyr successours shall vse execuâ—e and practyse for euer more the iurisdiccyon of the church in the premisses after the tenour of the aunswers aforesaid without quarell inquyetyng or vexacyoÌ„ our heyres or any of our offycers what so euer they be In testimony wherof c. wytnes c. ¶ Here endyth the statute of artycles of the Clergye ¶ The statute of persons to be put in assyses FOr asmuche as our soueraygne lorde the kyng by the contynuall greuous coÌ„playnt of his pore subiectes doith perceyue that dyuerse persons of his realme beyng moste insuffycient or many tymes intolerably troubled by sheryfes and theyr bayllyfes bayllyfes of lybertes which impanelled them to the recognysaunces of assyses iuryes inquestes and attayntes tryable out of the shyreâ— where they be dwellynge And do spaâ—â— the ryche people such as be more able by whom the truth of the matter myght be better knowen wherby great expenses and trouble doyth dayle and manyfestly ensue to the impoueryshmeÌ„t of the sayd people and vtter dysheritynge out sayd soueraygne lord prouydyng for the indempnyte of his people and desyryng to sette conuenteÌ„t remedy in the premysses for the publyke weale of his realme in his parlyament holden in the terme of sayncte Myghell the .xxi. yere of his reygne hath ordayned in this behalfe that no sheryf vndersheryf or theyr bayllyfes nor bayllyâ—es of lybertes shal fromhensforth putte in any recognysaunce aboue sayd that shall passe out of theyr propre countyes any of theyr bayllyfes except they haue landes and tenementes to the yerely value of an C. sÌ„ at the leste And the kynge intendyth not by this statute to restrayne the last statute of westmynster wherin mencyon is made of recognysoues to be put in iuryes and assyses but of suche onely as ought to passe in assyses iâ—â—yes recognysaunces try able out of theyr propre counâ—yes so that within the countye before iustyces or our soueraygne lorde the kyng assygned to the takyng of any suche inquestes iuryes or other recognysaunces none shal be impanelled excepte he haue
landes tenementes to the yerely value of .xl. sÌ„ And lykewyse sauyng that before iustyces erraunt a holde comen plees in theyr â—â—rcuyte and also in cytes boroughes and other merchaunt townes where recognysaunces assyses iuryes do passe vpon any matter touchyng the sayd cytes borughes other townes a wrytte shal be made lyke as it hath ben accustomed in tymes passed Rex c. Quia ad coÌ„muneÌ„ vrilitatem populi nostri regni de communi consilio â—iusoem regni statuerimus ne aliquis ponatnr in iuratis assisis seu recognitionibê° aliquibus extra comitatuÌ„ suuÌ„ propriuÌ„ faciendis nisi habeat terras aut tenemeÌ„ta ad valenciaÌ„â—entum solid per annum ad minus uec infra comitaâ—uÌ„ suum nisi habeat terras aut tenementa ad valeÌ„ciam .xl. solid per annum ad minus prout in statuto illo quod tibi mittimus sub sigillo nostro et quam in omnibus et singulis articulis suis de cetero obseruari volumus et firmiter teneri plenius coÌ„tintur tibi precipimus et firmiter iniungimus quod statutum illud in pleno comitatu tuo in ciuitatibus burgis et villis mercatoribus et aliis locis publicis solempnibus in balliua tua vbi necesse fuerit et expedire videris legi et publice proclamari et illud in omnibus et singulis suis articulis quantum in te est obseruari facias et firmiter teneri Et hoc sicut graue damnum tuum vitare volueris nullo modo omittas Teste c. ¶ Here endyth the statute of impanellyng assyses ¶ Artycles of inquysicyon vpon the statute of wynchestre made in the tyme of kyng Edwarde the fyrste THe maner of inqueryng vpoÌ„ the statute of wynchestre wheÌ„ it is obserued and when not and of such as haue obserued the sayd statute and of suche as haue not suffred the contentes therof to be obserued Of felonyes robboryes commytted after Easter the. â—iii yere of the reygne of kyng Edwarde in what maner suche felonyes were done where and by whom and the sutes of them by inquestes accordyng to the tenor of the statutes made theruppon afterwarde And if the sheryf haue aunswered for the bodyes of suche offendours or not Also if the gates of the cytes or great townes were shytte from the tyme of the sonne goynge downe vntyll the sonne rysyng And if any straungyers were lodged in the suburbes or in the out partyes of the cyte for whome theyr hostes wyll not aunswere And also howe bayllyffes and other offycers of townes haue made inquerye therof And if watches haue ben kept after as it is contayned in the sayd statute or not And howe the watchmen haue kept theyr waâ—che and if the kynges hyghe wayes from one merchaunt towne to another be inlarged aswell in the kynges owne townes as els where accordynge to the statute and if they be not inlarged to inquere what wayes and where they be and who ought to haue inlarged them And of suche as let such inlargementes aswell in parkes as in other woodes Also if all betwene the age of .xv. and .lx. be sworne to kepe the peas Also if they haue weapoÌ„s in theyr houses accordynge to the quantyte of theyr landes goodes for mayntenauÌ„ce of the peace accordynge to the statute And also if constables do make vyew of armour in due maner and of other thynges belongynge to theyr offyce or not Also if sheryfes hundredars bayllyfes of lybertes and fosters do come at hue crye leuyed and if they make pursute for kepynge the kynges peas accordynge to the statute or not ¶ Here ende the artycles of inquerye vpon the statute of wynchestre ¶ The statute of circumspecte agatis made the .xiii. yere of Edwarde the fyrste THe kynge to his iudges sendyth greatynge Do you circumspectly in all matters coÌ„cernynge the byshop of Nor wych and his clergye not ponyshyng them if they holde pice in court chrystiane of such thynges as be merely spirituall that is to wyte of corteccyons enioyned for dedly synne as formcacyoÌ„ aduowtrye and such lyke for the which many tymes corporall penaunce or pecunyarye is inioyned specyally if a freeman be conuyet of such thynges Also if prelates do ponyshe for leuyng churcheyardes vnclosed or for that the church is vncouered or not conuenyently decked in which cases none other penaunce can be inioyned but pecunyary Also if a persone demaunde of his paryshens oblacyons and tythes due and accustomed or if one persone plede agaynst another for tythes more or lesse so that the .iiii. parte of the value of the benefyce be not demaunded Also if a persone demaunde mortuaryes in places where a mortuarye hath vsed to be gyuen Also if a prelate of any church or a patrone demauÌ„de a pensyon due to themselues All such demaundes are to be made in a spirituall court And for layeng vyolent haÌ„des on a preste and in cause of dyffamacion it hath ven graunted alredy that it shal be tryed in a spirituall court when money is not demaunded but a thynge done for ponyshement of synne and lykewyse for breakyng an othe In all cases afore rehersed the spiritual iuge shall haue power to take knowledge not withstanding the kynges prohybicyon ¶ Here endeth the statute of circumspecte agatis ¶ Artycles agaynst the kynges ê“hy UNder what fourme shal lay meÌ„ purchase prohybicioÌ„s generally vpoÌ„ tythes oblacyons obuencyons redemyng of penaunces mortuaryes vyolent handes layenge on a clerke or laye brother and in causes of dystamacyon in whiche cases spirituall penaunce must be inioyned The kynge aunswered to these artycles that in ththes oblacyons obuencyons and mortuaryes when they be pleded as before is sayd the kynges prohybicyon doyth not lye And if a clerke or a persone relygyous doo sell his corne beynge in his barne or otherwhere to any man for money if the pryce therof be demaunded afore a spirituall iudge the kynges prohibycioÌ„ doyth lye for by the sale the spirituall are become temporal so tythes passe into catelles Also if debate hange in a spirituall courte for the ryght of tythes hauyng his origynal froÌ„ the ryght of the patronage and the quantyte of the same tythes do passe the .iiii. part of the value of the benefyce a prohibycion shall lye Also if a prelate enioyned penaunce pecunyarye to any man for his synne if the money be demaunded afore prelates a prohibycion shall lye Also if any laye vyolente handes on a clerke or lay brother for the peace broken amendes shal be made before the kynge for the excoÌ„muny cacy on before a byshop or prelate And if a corporall penaunce be enioyned whiche the offendour wyll redeme by gyuyng money to the prelate or the partye greued a prohibycioÌ„ shall not lye In causes of diffamacyon prelates may frely correcte the kynges prohibycyon notwithstandyng fyrst enioynyng a corporal penaunce which if the partye wyll redeme the prelate may lawfully receyue the money thoughe a prohibycion be shewed