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
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
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
after the yere and day expyred if he can fynde suffycient suretyes he shal be delyuered And if not he shall abiure the realme ¶ The .xi. Chapiter UUhatsomeuer archbyshop byshop â—â—le or baron comyng to vs at our commaundement and passynge by our forestes it shal be leful for hym to take kyll one or two of our deere with our foster if he be present or els he shall cause one to blowe an horne for hym that he seme not to stele our dere And lykewyse they shall do retournyng home from vs. ¶ The .xii. Chapiter EUery freman fromhensforth with out daungyer shall make in his owne wood or in his lande or in his water that he hath within our forest mylles sprynges poles maâ—les dykes or crable grounde without inclosyng that crable grounde so that it be not to the anoyaunce of his neyghbours ¶ The .xiii. Chapyter EUery freman shal haue within his owne woodes eyres of hawkes sparowhawkes fawcons eglys heroÌ„s and he shall haue also the honye that is founde within his woodes ¶ The .xiiii. Chapiter NO foster froÌ„hensforth that is not â—oster in fee payenge to vs ferme for his baylewyk shall take any chymynage or tolle within his baylewyk The foster in fee payeng vs ferme for his baylewyk shall take chymynage that is â—â— saye for caryage by carie the halfe yere .ii. d. and for another halfe yere .ii. d. for an horse that beryth loâ—es euerye halfe yere ob And of those onely that come as merchauntes through his baylewyk by lycense to bye bushes rymbre barke cole and to sell it agayne at theyr pleasure But for none other cariage by carâ— chymynage or toll shal be takeÌ„ Nor chy â–ª mynage shall not be taken but in suche places onely where it hath ben vsed to be Those which bere vpon theyr backes brushment barke or cole to sell though it be theyr lyuyng shall paye no chymynage to our fosters excepte they take it within our demean woodes ¶ The .xv. Chapiter ALl that be outlawed of trespas within our forest syns the tyme of kyng Henry our graundfather vnto the fyrste yere of our coronacion shall come to our peas without let and shall fynde to vs suretyes that fromhensforth they shall not trespas vnto vs within our foreste ¶ The .xvi. Chapiter NO constable castyllayne or baylyf shall holde plee of forest nother for grene hughe nor huntynge but euerye foster in fee shall make attachementes for plee of forest aswell for grene hughe as huntynge and shall present them to the verders of the countye And when they be inrolled and inclosed with the seales of the verders they shal be presented to our chyef iustyces of our foreste when they shall come thyther to holde plee of forest and before them they shal be determyned And these lybertees of forest we haue graunted to all men sauyuge to all archbyshops byshops abbottes pryours erles barons knyghtes and to all other persons aswell spirituall and temporall templers hospytallars theyr lybertes and fre customes aswell within the forest as without and in warens and other places which they before haue had All these lybertes and customes c. as in foloweth in the ende of the great chartour And we do coÌ„firme and ratefye these gyftes c. as in th ende of the sayd great chartour c. Here endeth the chartour of forest IT was prouyded in the courte of our soueraygne lorde the kyng holben at Merton the morowe after the feast of sayncte Vyncent the .xx. yere of the raygne of kyng Henry the sonne of kynge Iohan before w. archebyshop of Canterbury and other his byshops and suffraganes and before the greater partye of the erles and barons of England there beyng assembled for the coronacioÌ„ of the sayd kynge Alyanore the quene about which they were all called where it was treated for the comen welth of the realme vpoÌ„ the artycles vnder wrytten Thus it was prouyded and graunted aswell of the foresayd archbyshops byshops erles and baroÌ„s as of the sayd kynge and other ¶ The fyrst Chap. FIrst for wydowes which after the death of theyr husbandes are deforced of theyr dowers and may not haue theyr dowers or quareÌ„tyn without plee we woll that who so euer deforce them of theyr dowers or quarentyne in the landes wherof theyr husbandes dyed sesed and that the same wydowes haue recouered syns by plee they that be conuyct of such wrongfull deforcement shal yelde damages to the same wydowes that is to say the value of thoâ—e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemeÌ„t of our court haue recouered season of theyr dowers and the deforcers neuertheles shal be amerced at the kynges pleasure ¶ The .ii. Chapiter ALso fromhensforth all wydowes may bequethe the croppe of theyr grounde aswell of theyr dowers as of other theyr landes and tenementes Sauyng to the lordes of the fee all such seruyces as be due for ther dowers other tenementes ¶ The .iii. Chapitre ALso if any be dyssesyd of theyr freholde and before the iustyces erraÌ„tes haue recouered season by assyse of nouell dysseson or by confession of them which dyd the dysseson And the dyssesye hath had season delyuered by the sheryf if the same dyssesors after the vyage of the iustyces or in meane tyme haue dyssesed the same playntyf of the same freholde therof be conuyete they shall be forthwith taken and kept in the kynges pryson vntyl the kyng hath dyscharged theÌ„ by raunsome or by som other mean And this is the fourme how such beyng â—óuyct shal be ponyshed when the playntyfes com into the courte they shal haue the kynges wrytte dyrected to the sheâ—yffe in whiche muste be contayned the playnte of dysseson done vpon dysseson And then it shall be commaunded to the sheryf that he takyng with hym the kepats of plees of the kyngê corowne and other lawfull knyghtes in his propre persone go vnto the lande or pasture for which the playnte hath ben made And that he make by the fyrst iurrors other neyghbours and lawfull men dylygent inquerye therof and if they fynde hym dyssesyd agayne as before to sayd than let hym do accordyng to the prouysyon afore meÌ„cioned And if it be found other wyse the playntyfe shal be amerced and the other shall go quyte nor the sheryfe shall not execute any such playnte without specyal coÌ„maundement of the kyng In lyke maner shal be done to them that haue recouered theyr season by assyse of morâ—dauÌ„cetor And so of all landes and tenementes recouered in the kynges courte by â—nqueste if after they be dyssesed by the fyrst deforceours agaynst whoÌ„ they haue recouered any wyse by inquest ¶ The .iiii. Chapiter ALso because many great men of Engelande whiche haue infeffed knyghtes and theyr freholders of small tenementes in theyr great maners haue complayned that they can not haue profyte of the resydue of theyr maners as of waste
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
the same countye absent hymselfe vntyll the great dystres be awarded the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse within whiche .ii. shyrecourtes maye be holden and the sheryf shal be coÌ„maunded to dystrayne the mean by the great dystres lyke as it is contayned in the wrytte and neuertheles the sheryf at two ful shyrecourtes shal cause to be proclaymed solempnly that the mean doo come at a daye contayned in the wrytte for to aunswer his tenant at which day if he come the plee shall passe betwene them after the comen vsage and if he do not come the mean shal lese the seruyces of his tenant and after that the tenant shall not aunswere hym in any thynge but the menaltye beyng gone he shall aunswere vnto the chyef lorde for suche seruyces and customes as the mean vsed to do before that tyme nor the chyef lord shall haue no power to dystrayne so long as the aforesayd tenant dothe offer hym the seruyces and customes due And if the chyef lorde exacte more of hym then the mean was wont to do the tenant in such case hall haue agaynst hym all such excepcyons as the mean shulde And if the mean haue nothyng within the kynges domynyon neuertheles the tenant shall purchase his wrytte of mean of the sheryf of the same shyre where he is dystrayned And if the sheryf retourne that he hath nothynge wherby he may be somoned then shall the renant sue his wrytte of attachmeÌ„t And if the sheryf returne that he hath nothyng for to be attached by he shall sue neuertheles his wrytte of great dystres and proclamacion shal be made in fourme abouesayd And if the meane haue no lande in the shyre where the dystres is taken but hathe lande in some other shyre then a wrytte oryginal shall issue to somone the mean before the sheryf of the same shyre where the distres is taken and when it is testefyed by the sheryf that he hath nothyng in his shyre a wrytte iudyâ—y all shall issue to someone the meane before the sheryf of the same shyre where it was testefyed that he had lande and sute shal be made in the same shyre vntyll they haue passed vnto the great dystres proclamacyon as aboue is sayd where the mean hath laud in the same shyre in which the dystres is taken And neuertheles sule shal be made in the same shyre where he hath nothynge â–ª as aboue is sayd of the mean that hath nothynge vntyll the processe come to the great dystres and proclamacyon after proclamacyon made in bothe countyes the mean shal be for iudged of his fee and seruyce And where it happeneth many tymes that the tenant in demeane is infected to holde by lesse seruyce then the meane ought to do vnto the chyef lorde when after such proclamacion the tenaÌ„t hath attorned vnto the chyef lorde and the meane putte out the tenant muste of necessyte aunswere vnto the chyef lorde for all suche seruyces and customes as the meane was wont to do to hym And after that the meane is come into the courte and hath confessed that he ought to acquyte his tenaunt or he is compelled by iudgemeÌ„t to acquyte if after such confession or iudgement it is complayned that the meane doyth not acquyte his tenaunt then shall issue a wrytte iudycyall that the sheryf shall dystrayne the mean to acquyte the tenaunt and to be at a certayne daye before the iustyces for to shewe why he hathe not acquyted hym before and when they haue proceded vnto the great dystres the playntyf shall be harde and if the playntyfe can proue that he hathe not acquyted hym be shall yelde damages and by awarde of the courte the tenaunt shall go quyte from the meane and shall atturne vnto the chyef lorde And if he come not at the fyrste dystres a wrytte shall go forth to dystrayne hym agayne and proclamacyon shal be made and as sone as it is testefyed they shall procede to iudgement as before is sayd And it is to be vnderstanden that by this â—statute tenantes are not forebarted but they shall haue warrauntye of the meanes and theyr heyres if they be unpleded as they haue had before nor also the tenauntes be not forebarred but that they maye sue agaynste theyr meanes as they vsed heretofore if they see that theyr aduauntage may be more by the olde custome then by this estatute And it is to wyte that by this estatute no remedye is prouyded to any meanes but onely in case when there is but one mean betwen the lorde that dystrayneth and the tenant And but in such case onely where the mean is of full age and but in such case where the tenant may astorne vnto the chyef lorde without preiudyce of another then of his mean which is spoken for women holdyng in dower and tenantes by the curtezye or otherwyse for terme of lyfe or in fee taylle vnto whome for certayn causes remedye is not yet prouyded but god wyllynge there shal be ¶ The. x Chapitre UUhere as in the circuyte of the iustyces it was proclaymed that all such as wolde delyuer wryttes shuld delyuer them within a certayne tyme after which no wrytte shulde be receyued many trustyng vpon the same and taryeng vntyll the sayd tyme and no wrytte setued vpon them departed by lycense of the iustyces after whose departure theyr aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf they that thought to haue departed quyte lese theyr landes For the remedye of suche fraude from hensforth the kynge hath ordayned that the iustyces in theyr cyrcuytes shall appoyute a tyme of .xv. dayes or of a monethe or a tyme more or lesse after as the countye shall happeÌ„ to be more or lesse within which tyme it shal be openly proclaymed that all suche as wyll delyuer theyr wryttes shall delyuer them before the same terme And when the tyme comyth the sheryf shall certefye the chapitres before the iustyces errauÌ„t how many wryttes he hath and what and that no wrytte be receyued after the same tyme and if it be receyued the processe issuynge therupon shal be of none effecte but onely that a wrytte abated any tyme duryng the circuyte shal be amended Also wryttes of dower of men that dyed within the somons of the circuyte assyses of darreyn presentment Quare impedit of churches vacant after the foresayd somons at any tyme before the departure of the iustyces shal be receyued in the circuyte also wryttes of nouell dysseson shal be receyued in the circuyte of iustyces The kynge of his specyall grace graunteth that such as haue lande in dyuers shyres where the iustyces make theyr circuyte and that haue lande in shyres where the iustyces haue no circuyte that feare to be impleded are impleded of other landes in shyres where they haue no circuyte as before the iustyces
sheryf shal be comaunded that in propre person he shal take with hym .xii. c. and shal go to the place wasted and shal inquere of the waste done shall retourne an inqueste and after the inqueste retourned they shal passe to iudgemÌ„t lyke as it is contayned in the statute made at Gloucestre ¶ The .xv. Chapitre IN all cases where as suche as be within age maye be impleded it is ordeyned that if such be â—loygned so that they can not sue personally theyr nexte frendes shal be admytted to sue for them ¶ The .xvi. Chapiter IN case where any land descendyth to one beynge within age of the fathers syde that helde of one lorde and of the mothers syde that helde of another lord there hath ben hytherto great dout for the maryage of such heyre to which of the two lordes it shulde belonge It is agreyd that the same lorde shall from â–ª heÌ„sforth haue the maryage whose auncetour was fyrste infeffed not hauynge respecte to the gendre nor to the quantyte of the lande but onely to the more auncyente feffement by knyghtes seruyce ¶ The .xvii. Chapitre IN the circuyte of the iustyces an essoyne de malo lecâ—â— shall not be fromhensforth allowed for laÌ„des in the same shyre oneles he that caused hymselfe to be essoyned be syke in dede for if the demaundant except that the tenant is not syke nor in such plyte but that he may come before the iustyces his challenge shal be admytted And if it can be so proued by inqueste the essoyne shal be tourned to a defaute And froÌ„hensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente ¶ The .xviii. Chapiter UUhere dette is recouered or knowledged in the kynges court or damages awarded it shal be froÌ„hensforthe in the eleccyoÌ„ of hym that suyth for such dette or damages to haue a wrytte of Fieri facias vnto the sheryf for to leuye the dette vpon the landes and goodes of the dettour or that the sheryf shall delyuer to hym all the landes and goodes of the dettor sauyng onely his oxen beastes for his ploughe and the one halfe of his lande vntyll the dette be leuyed or vpon a reasnable pryce extended And if he be putte out of the lande he shall recouer by a wrytte of nouell dysseson â–ª and after that by a wrytte of redysseson if nede be ¶ The .xix. Chapitre UUhere as after the deathe of a persone dyeng intestate whiche also was bonden to some other for dette the goodes come to the handes of the ordynarye for to be dysposed fromhensforth the ordynarye shal be bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende lyke as the executours shulde haue ben boundeÌ„ if the partye had made testameÌ„t ¶ The .xx. cha UUhere as the iustyces in a plee of mortdauncetour haue vsed to admytte the aunswere of the tenant that the playntyfe is not nexte heyre of the same auncetor by whose death he demasideth the lande is redy to inquyre the same by assyse it is agreyd that in wryttes of cosynage ayel and besayel which be of lyke nature his aunswere shal be admytted and inquered and accordynge to the same inquerye the iudgemeÌ„t shall passe ¶ The .xxi. Chapiter UUheras in a statute made at Gloucestre it is contayned that if any lesse his land to another to paye the value of the .iiii. part of the lande or more the lessor or his heyre after that the payment hathe ceassed by two yeres shall haue an accyon to demauÌ„de the lande so lessed in demean In lyke maner it is agreyd that if any witholde froÌ„ his lorde his due accustomed seruyce by the space of two yeres the lord shal haue an accyoÌ„ to demauÌ„de the lande in demean by such a wrytte Prec A. quam iuste c. reddat B. tale tenÌ„ quod A. de eo tenuit per tale seruiciuÌ„ et quam ad precttÌ„ B. reuerti debet eo quam pÌ„dictê° A. in facienduÌ„ predictuÌ„ seruiciuÌ„ per bienniuÌ„ cessauit vt dicit And not only in this case but also wheras any mencyon is made of the sayd statute of Gloutestre wryttes of entre shall be made to the heyre of the demaundaÌ„t agaynst the heyre of the tenant agaynste them to WhoÌ„ such land is alyened ¶ The .xxii. UUheras two or mo do hold wood turfelande or fysheponde in commune wherin none knoweth his seueral and some of them do waste agaynst the myndes of the other they shall haue accyon by a wrytte of waste And when it is passed vnto the iudgement the defendaunt shall chuse eyther to take his parte in a â–ª place certayne by assygnemeÌ„t of the sheryf and by the viewe and othe of his neyghbours sworne and tryed for the same intent or els he shal be content to take nothyng fromtheÌ„sforth but as his felowes wyll if he do chuse to take his parte in a place certayne the place wasted shal be assygned for his part after as it was before the waste made And there is suche a wrytte in this case that is to say Cum A. et B. teneant boscum pro indiuiso B. fecit vastum c. ¶ The .xxiii. Chapitre Executors fromhensforth shall haue a wrytte of accounte and lyke accyon and processe in the same wrytte as theyr testatour had and shuld haue if he had lyued ¶ The .xxiiii. Chapiter IN cases wheras a wrytte is grauÌ„ted out of the chauÌ„cery for the dede of any man the playntyfes fromhensforthe shall not passe from the kynges court without remedy because the lande is alyened from one to another And in the regystre of the chauncery there is no specyal wrytte founde in this case as of a house a walle a mercatt a wrytte is graunted agaynst hym that leuyed it to the nusaunce And if the house walle or suche lyke be alyened to another the wrytte shal not be denyed but fromhensforth where in one case a wrytte is grauÌ„ted in lyke case wheÌ„ lyke remedy fayleth as is before the wrytte shal be made Questus est nobis A. quod B. iniuste c. leâ—auit domum murum mercatum et alia que sunt ad nocumentum liberi tenementi sui And if the thynges leuyed be alyened froÌ„ one to another the wryt shal be thus Questus est nobis A. quod B. et C. leuauerunt c. In lyke maner is a persone of a church may recouer comon of pasture by a wrytte of nouel dysseson lykewyse fromhensforth his successour shall haue a Quod permittat against the dyssesour of his heyre though a lyke wrytte were neuer graunted out of the chauncery before In lyke maner as a wrytte is grauÌ„ted to trye whyther lande be the fre almes of such a church orels lay fee froÌ„hensforth a lyke wrytte shal be gyueÌ„ to trye whyther it be the fre almes of this churche or of another churche if it be alyened to the possession of another
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
cause those demaundantes to replede of newe wher by such demaundantes are greatly deferred in the case aforesayd for to recouer theyr ryght in the kynges courte by reason of such malyce aswel by mystakyng of the sayd statute of for any other cause iuste and reasonable And this is vsedâ— founde dayly before our iustyces in consyderacyon wherof our soueraygne lord the kynge for to withstande all such malyce in the foresayd case and intendyng to prouyde a remedye therin in his full parlyament hath ordeyned and froÌ„hensforth commaundyth straytly to be obserued that is to wyte the moneday nexte after the feaste of the purificacyon of our lady the .xx. yere of his raygne that if any before iudgement in the aforesayd case cometh in by a colleraterall tytle â–ª and desyreth to be receyued before his receyte he shall fynde suffycient suretye â–ª as the courte wyll awarde to satysfyâ— the demaundaÌ„t of the value of the issueâ— of the landes so to be recouered from the daye that he is receyued to make aunswere vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant And if the demauÌ„dant recouer his demaunde the defendour shal be greuously amerced if he haue wherof And if he haue not he shal be imprysoned at the kynges pleasure And if he can proue his right to be as good as he afâ—â—r at such tyme as he was receyued he shal med go quyte Finis ¶ The statute of vouchers made the .xx. yere of Edwarde the fyrst WHere as the tenaunt in a plee reall heretofore had vouched one to warrauntye and therupon the demauÌ„dant wyl auerre that he nor none of his auncetours syns the tyme that the auncetour of the demaundant was seasyd was in possession of the sayd landes nother in demean nor in seruyce if the partye that is vouched be present and wyll warrauÌ„ â–ª tyse the lande frely vnto the tenauÌ„t such aucrremeÌ„t of the demaundant hath not ben vsed to be admytted except the partye vouched had ben absent and that by reason of a certayne statute of the kynges lately made amongest other statutes of westmynster fyrste wherfore our soueraygne lorde the kyng consyderyng the fraude deceyte and malyce and also his owne damage and dysherytynge of his crowne that in the sayd case hath many tymes happened in his courte and dayly doyth where as some holdynge of the kyng in chyef by an hole baronye in a ple hangyng before the iustyces of the benche vpon theyr demaunde do vouch partycularly knaues vnknowen strauÌ„gyers whiche they wyll brenge forth of whome neyther they nor theyr auncetours had neuer any thynge in the landes that they haue warraunted nor in any other landes or tenementes within his realme neyther in demean nor in seruyce as hath ben testefied by dyuerse of the kynges subiectes so that by suche cautell fraude and malyce the same tenauntes holdyng by an entyer baronye do defraude the kynge of the amercymeÌ„t that they shulde incurre if the demaundant shulde recouer agaynst them And lykewyse when such persons haue warraunted that is to wyte euery one for his porcion that he ought to warraunt he may defende hymselfe by the body of his seruauÌ„t procured and hyred by them that holde baronyes and so vpon one wrytte and one demaunnde there were two or thre wagers of batayâ—lâ—s the whiche was a ryght harde and a peryllous example for pore men in tyme commyng that shal be demauÌ„dantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd and the demauÌ„dant can not haue his auerrement against such warrauntours when they be vouched in fourme aforesayd because the warrauntours be present and wyl warrantyse frely by his comen couÌ„sell hath ordeyned and fromhensforth that is to say from the feaste of S Hyllarye the .xx. yere of his raygne he hath straytly commaudded that who so euer tenaunt do vouche and the demaundant wyll auerre in fourme before rehersed his aucrrement shal be admytted whyther the party vouched be absent or presence without any respecte therunto ¶ Here endeth the statute of vouchers ¶ The statute of yorke made the .xxi. yere of kynge Edwarde the fyrste FOr asmuch as much people of the realme of Englande Irelande hau heretofore manye tymes suffered greate myschyef damage dysherytaunce by reason that i dyuerse cases where the lawe fayled no remedye was purueyd And also for as muche as some poyntes of the statutes heretofore made had nede of exposycyon our soueraygne lorde the kynge desyrynge that ryght be done to his people at his parlyament holden at yorke the .iii. weke after the feaste of S. Myghell the .xiii. yere of his raygne by the assent of the prelates erles barons and the comynalte of his realme there assembled hath made these actes and statutes here folowyng the which he wylleth to be straytly obserued in his sayde realme and land Fyrst for dyuerse myschyefes that where tenauntes in an assyse of nouell dysseson myght not make attorneys heretofore it is agreyd that the tenauntes in assyses of nouell dysseson from hensforthe maye make attourneys yet the kynge intendyth not hereby that the tenauntes and defendauntes in assyses of nouell dysseson shall plede by bayllyfes at theyr owne pleasure as they haue done heretofore it is agreyd that when a dede reÌ„lesse acquytaunce or other wrytyng be denyed in the kynges courte wherin wytnesses be named processe shal be awarded for to cause such wytnesses to appere as before hath ben vsed so that if none of them come in at the great dystresse retourned or if it be retourned that they haue nothynge or that they can not be founde yet the takyng of the inqueste shal not be deferred by the absence of such wytnesses And if the wytnesses do come in at the greate dystresse and the inquest for some cause remayneth vntaken the wytnesses that come in shall haue lyke day gyuen them as is assygned for the takynge of the inqueste at which daye if the wytnesses do not appere the issues that were fyrst retourned â–ª vpon them shal be forfayte And the takyng of the inquest shall not be deferred because of theyr absence And for absence of wytnesses dwellynge within fraunchyses where the kynges wrytte origynall doth not lye the takyng of an inqueste shall not be deferred And where it is contayned in a statute made at westmynster the secound daye of Apryll the. xxvii yere of the reygne of the kynges father that nowe is that inquestes and recognysaunces taken before the iustyces of eche benche sholde be taken before any iustyce of the places accompanyed with som knyght of the shyre where such inquestes happe to be taken if they haue not nede of great examinacion And that in such inquestes the iustyces shall do as they shall thynke most expedyent for the weale of the realme the which statuteth a bettar declaration It is agreyd that inquestes and iuryes that happe to be taken hereafter in plees of lande that requyre not great
aduertysement made therof to the kynge they shall procede without delaye ¶ The .iii. Chapitre COncernynge the endowement of wymmen where the wardeyns of theyr husbaÌ„des inherytauÌ„ce haue ward shyp by the gyfte or graunte of the kyng or where such wardeyns be tenauntes of the thynge in demaunde or if the heyres of such landes be vouched to warraÌ„tye if they say that they can not auÌ„swer without the kynge they shall not surceasse vpon the matter therfore but shal procede therin accordynge to the ryght ¶ The .iiii. Chapitre COncernyuge purprestures or any maner of vsurpacyons made vpoÌ„ the kyng within frauÌ„chyses orels where it was agreyd determyned in the tyme of kynge Henry that where suche vsurpours were lyuyng the kynge shulde resease of newe the lande so vsurped out of the handes of the vsurpours the which thyng also shal be fromhensforth obserued in the realme if any do complayne vpon such reseasers he shal be harde lyke as ryght requyreth ¶ The v. Chapitre COncernynge men twyse maryed called bigamy whome our holy father the pâ—â—e by a constitucyon made at the counsell of Lyons hath excluded froÌ„ al clerkes pryuylege wherupoÌ„ certayâ—â— prelates when such persons haue ben â—â— taynted for felons haue prayed for to haue them delyuered as clerkes whichâ— were made bygamy before the same constitucion It is agreyd and declared before the kynge and his counsell that the same constitucyon shal be vnderstandeâ— in this wyse that whyther they were bigamy before the same constitucyon or after they shal not from hensforth be delyucred to the prelates but iustyce shal be executed vpon them as vpon other laye people ¶ The .vi. Chapitre IN dedes also where is conteyned dedi â—t concessâ— tale tenementum without homage or without a clause that coÌ„teyneth warrantie and to be holden of the gyuers and theyr heyres by â— certayne seruyce It is agreyd that the gyuers and theyr heyres shal be bounden â–ª to warrantie And where is conteyned dedi et concessi c. to be holden of the chyef lordes of the fee or of other not of the feffours or of theyr heyres reseruing no seruyce â–ª without homage or without the foresayd clause theyr â—eyres shall not be bounden to warrantye notwithstandynge the feffour duryng his ownâ— lyfe by force of his owne gyfte shal be â—ounden to warrantie All these constiâ—nâ—yons aforesayd were made at westmynster in the parlyament holden next after the feast of saynt Myghell â–ª the .iii. â—ere of the raygne of kynge Edwarde â—â—nne of kynge Henry And from that â—yme forth they shall take effecte ¶ Finis ¶ The statute of Ioyntenauntes made the .xxxiiii. yere of kyng Edwarde the fyrst THe kyng our soueraigne lord vnto all to whome these c. greatyng It is well knowen that among dyuerse establysshementes of lawes which we haue ordeyned in our owne tyme vpon the great and heyghnous myschyef that happen in wryttes of nouell dysseson â—â—yâ—fly aboue other we haue deuysed more spedye remedye in those wryttes then was before And for asmuche as it â—haunseth many tymes in assyses of noâ—ell that the tenant doyth plede agaynst the playntyfe that he holdeth the landes beyng in demauÌ„de ioyntly with his wyfe not only named in the wryt somtyme with a strauÌ„gyer not named in the wrytte and shewyth forthe a dede testefyeng the same and demaundeth iudgement of the wrytte It is agreyd and ordeyned that if the playntyf wyll offer to auerre by assyse that the day of his wryt purchased he that alledged the excepcioÌ„ was sole tenauÌ„t so that nether his wyfe nor any other had any thyng in the said landes then the iustyces before whome the assyse is arrayned shall retayne the same dede saufely in theyr kepyng vntyll the assyse be tryed betwene theÌ„ therupoÌ„ And they shall let the partye absente to vnderstande by our wrytte vnder theyr wytnessyng and also to the ioyntenant that is present of whome the dede maketh mencion that he be present at a certayne daye with the other tenant for to aunswere vnto the parte playntyf aswel vpon the excepcyon alledged as of the landes demaunded and put in vyewe if it seme expedyent for hym at which day if both that are named tenantes do comin do iustefye the same feffement they shal aunswere and maynteyne the excepcyon alledged by one of them further shal aunswere vnto the assyse as though the oryginall had ben purchased agynst both of them ioyntely And if it be proued by assyse that the excepcyon was alledged malycyously for to delay the playntyfe of his ryght so that they helde not the same lande ioyntly the daye of the wrytte purchased then all be it the same assyse do passe for the tenaÌ„tes agaynst the playntyfe yet they that alledged the excepcyon shal be ponyshed by one yeres unprysonment whens they shall not be delyuered without a greuous raunsome And let the iustyces be wel aduysed that fromhensforth they do not allowe an excepcyoÌ„ alledged by the bayllyfes of any suche tenauntes and if he that alledged the excepcioÌ„ absent hymselfe at his day and the other that is named ioyntenant do apere although he iustefye the same dede and saye that he hath nothynge in the foresayd landes â— neuerthelesse the assyse shall passe agaynst hym that is absent by defaute And if it be founde by assyse that they were not ioyntly seased the day of the wrytte purchased lykewyse that the tenaunt agaynste whome the wrytte was purchased or another named in the wryt dyd dyssese the playntyfe then hauyng regard to them that was falsely and malycyously alledged to the hurte of the partye and to the dysseson that they made the playntyf shall recouer his season and double damageâ— and they that alledged the false excepcyon shall haue the ponyshement aforesayd But if neyther of the tenauntes do come in at the daye then vpon theyr defaute the assyse shal passe agaynst them And if it be founde that the same excepcyon was lawfully and truely alledged and that they that alleged it were ioyntly seased before the playntyf purchased his wryt agaynst them the assyse shall passâ— no further but the wrytte shal be abated The same shal be obserued if both or ouâ— do appere if it be fouÌ„de by assyse that the excepcion was truely alledged as before is sayd The same order shal be obserued in assyses of mortdauncetour wryttes of iuris vtrum that the fyrste daye that the partyes appere in court if the tenaÌ„t alledge the sayd excepcion agaynste the demaundant shewyng a dede therupon and the demaundant wyl offer to aucrre by the assyse or iurye that the day of his wryt purchased he that alledged the excepcion was sole tenaunt hereafter the same maner of processe shal be vsed in assyses of mortdauncetour and wryttes of iuris vtruÌ„ as before is ordayned in assyses of nouell dysseson And lyke ponyshement shal be awarded to the offendours But in other wryttes wherby landes at demaunded such processe
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
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
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
of wastes distruccioÌ„s done by eschetours or subeschetours in the landes of wardes as of houses woodes parkes warrens of all other thynges that fall into the kynges handes The kyng wyll that he which hath sustayned damage shal haue a wrytte of waste out of the chauncery agaynst the eschetour for his acte the subeschetour for his act if he haue wherof if he haue not his mayster shal be aunswerable by lyke payn coÌ„cernyng damages as is ordeyned by the statute for them that do wast in wardshyps 19. FroÌ„hensforth where the eschetour or the sheryfe sease landes into the kynges handes where there is no cause of seyser And after wheÌ„ it is founde no cause the profytes taken in the meane tyme haue ben styll reteyned and not restored when the kynge hath his oustre ie mayne The kynge wyll that if hereafter any landes be so scasyd after it be out of his handes by reason that he hath no cause to cease nor to holde it the issues shal be fully restored to hym to whome the lande shal remayne and which hath susteyned the damage 20. It is ordeyned that no goldesmyth of Englande nor none otherwhere with in the kynges dominyon shall not fromhensforth gylde nor cause to be gylded no maner of vessell iewell or any other thynge of golde or syluer except it be of the very best alaye that is to wyte golde of a certayne alaye and syluer of the sterlyng alaye or of better after the discrecyon of hym to whome the golde belongeth and that none gylde worse syluer then sterlyng And that he suffer no maner of vessell of golde or syluer to depart out of his handes vntyl it be assayed by the wardeyns of the crafte and further that it be marked with the lybardes hed And that they worke no worse golde theÌ„ of the towch of parys And that the wardeyns of the crafte shall go from shop to shop among the goldesmythes to assaye if theyr golde be of the same towche that is spokeÌ„ of before And if they fynde any other then of the towche aforesayd the golde shal be forfayte to the kynge And that none shal make rynges crosses nor lockes And that none shall set any stone in golde except it be naturall And that grauers or cutters of stones of seales shall â–ª gyue to eche theyr wheyght of syluer as ferforth as they can vpon theyr fidelite And the iewelles of base golde whiche they haue in theyr handes they shall vtter as fast as they can And from hensforth if they bye any of the same worke they shall bye it for to worke vpoÌ„ and not to sell agayne And that all the good townes of Englande where any goldesmythes be dwellyng shal be ordered accordynge to this estatute as they of London be And that one shall come from euery good towne for all the resydue that be dwellyng in the same vnto London for to be assertayned of theyr towche And if any goldsmyth be attaynted hereafter because that he hath done otherwyse then before is ordeyned he shal be ponyshed by imprysonment shal make fyne at the kynges pleasure And nothwithstandyng al these thynges before meÌ„cioned or any poynte of theÌ„ both the kyng his couÌ„sell all they that were present at the making of this ordinauÌ„ce wyll intende that the ryght prerogatyue of his crowne shal be saued to hym in all thynges ¶ Finis THe names and reygnes of al the kynges of Englande froÌ„ the tyme of kynge Edwarde the confessour sone to Etheldrede vnto our most excellent and victoryous prynce kyng Henry the eyght and howe long they reygned and where they be buryed ⸫ 1. EDwarde sone of Etheldrede reygned xxxiii yeres and .xxxix. wekes and is buryed and translated at westmynster 2. Harolde son of Goodwyne reygned xl wekes and two dayes and was slayne by wyllyam Conquetour 3. Wyllyam the conquerour duke of Normandy began his reygne the .xiiii. daye of Octobre the yere of grace M .lxvii. and was crowned the .xxv. daye of Decembre then nexte folowyng dyed the .ix. daye of Septembre and reygned xâ— yeres â—i monethes and .xxii. dayes and is buryed at Cane in Normandye in the same monastery wherof he was foundour som bokes say that wyllyam coÌ„querour dyed the xi day of SepteÌ„bre 4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of SepteÌ„bre the yere of grace M lxxxxvii and was crowned the .xxvii. day of Septembre next folowynge dyed the fyrste day of Auguste the yere of grace M. C. and so reygned .xxii. yeres .xi. monethes and .xvii. dayes and is buryed at wynchestre and this kynge made the great aâ—le at westmynster and perfourmed the buyldyng of the towre of LondoÌ„ which Iulius Cesar began and the kynge of Scottes dyd homage vnto hym 5. Henry the fyrst of that name brother to Wyllyam Rufus began his reygne the fyrst day of August the yere of grace M. C. and was crowned the .v. daye of Auguste next folowyng and dyed the secounde daye of Decembre and reygned xxxv yeres .iiii. monethes and .xi. dayes And is buryed at Redynge And in the tyme of this kyng beganne the ordre of chanons and the ordre of templets 6. Stephen sone to Henry the fyrst began his reygne the secounde day of Decembre the yere of grace M. C .xxxv. And was crowned the .xxvi. daye of Decembre nexte folowynge And dyed the .xxv. daye of Octobre And reygned .xix. yeres .xi. monethes and .xix. dayes And is buryed at Feuersham 7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Angeâ—y began his reygne the .xxv. daye of Octobre the yere of grace M .liiii. And was crowned the .xx. daye of Iulye And reygned .xxxiiii. yeres .ix. monethes two dayes And is buryed at Fountuerard in Normandye And in the tyme of this kynge was founde the semâ—les cote of our lorde And in the tyme of this kynge was slayne Thomas archebyshop of Canterbury 8. Rycharde the fyrste sone of Henry the secounde beganne his reygne the .v. daye of Iuly the yere of grace M. C. lxxxiâ— And was crowned the thyrde daye of Septembre nexte folowynge And dyed the .vi. day of Apryl And reygned .ix. yeres .ix. monethes and .xxii. dayes And is buryed at Fountuerarde in Normandye And in the tyme of â—his kynge the Iues were slayne and bannyshed out of Englande 9. Iohan brother to the sayd Rychard began his reygne the .vi. day of Apryll the yere of grace M. C .xcix. And was crowned the .xxvi. daye of Iuly nexte folowyng And dyed the .xix. daye of Octobre And reygned xvii yeres .vii. monethes And is buryed at worcestre And in the tyme of this kynge the royalme was interdyted And the cyte of London with a great multytude of men burned And in the tyme of this kyng began the ordres of freres minors carmelytes preachers that is to wyte grey whyte and blacke And the kynge of Scottes dyd homage vnto hym And this kynge