the warde sauyng to hym his accyon at an other tyme if he haue any ryght to the same In suche cases where the wardshyps belonge to the kepars of the wardes beyng within age and where the kepars demaunde the wardshyp which be lâ—â—geth to theyr inherytauÌ„ce such heyrâ—â—â—â—yâ—g within age shall not lese theyr 〈…〉 nce by the neclygence or rebel lyâ—â— of theyr kepars as in the case afore rehersed but let the comen lawe â—enne in lyke maner as it hath ben accustomed to do ¶ The .viii. Chapiter THey whiche be taken and imprysoned for reddyssesyn shall not be â—elyuered without specyall commaundemeÌ„t of the kyng shall make fyne with the kynge for theyr trespas And if it be founde that the sheryf delyuereth any coÌ„trarye to this ordynaunce he shal be greuously amerced therfore And neuertheles they whiche are so delyuered by the sheryfe without the kynges commaundement shal be greuously ponyshed for theyr trespas ¶ The .ix. Chapitre FOr makyng sutes vnto the courtes of great lordes or of meanet persones from hensforth this ordre shall be obserued that none that is infested by dead from hensforth shal be dystrayned to do such sute in the courte of his lord without he be specyally bound therto by the fourme of his dede Prouyded alway that this acte shall gyue no benefyte to theÌ„ whose auÌ„cetors or they theÌ„self haue vsed to do such sute before the fyrst voiage of the sayd kyng H. into Brytayne syns which .xxxix. yeres an halfe are passed vnto the tyme that these statutê were enacted lykewyse no feffee froÌ„ hensforth with out dede from the tyme of the conqueste or some other auncyent feffement shal be distrayned to do such sutes without that he or his auncetors vsed to do it before the sayd voyage And they that are infessed by dede to do a certayne seruyce as for free seruyce of so many shyllynges by yere to be acquyted of all seruyce froÌ„ hensforth shall no be bound to suche sutes or to other lyke contrarye to the fourme of theyr feffemeÌ„t And if any inherytauÌ„ce wherof but one sute is due discend to many heyres as to parceners he that hath theldyst parte of the inherytaunce shall do that one sute for hymselfe his felowes and the other coheyres shall be contrybutaryes accordyng to theyr porcioÌ„ for doyng such sute And if in any feffees be sesed of an inheritaunce wherof but one sute is due the lord of the fee shal haue but that one sute nor shal exact of the sayd inherytaunce but that one sute as hath ben accustomed to be done before And if those feffees haue no warraunt or meane which ought to acquyte them theÌ„ all the feffees accordyng to theyr porcyoÌ„ shal be contrybutoryes for doyng the sute for them And if it chaunce the lordes of the fee to dystrayne theyr tenauntes for such sutes contrary to this acte then at the complaynte of the tenauntes the lordes shal be attached to appere in the kynges courte at a shorte daye to make aunswere therof and shall haue but one essoyne therin if they be within the realme and immedyatly the bestes or other dystresses taken vpon this colour shal be delyuered to the playntyfe And so shal remayne vntyll the plee betwyxte them be determyned And if the lordes of the courtes which toke such dystresses come not at the daye that they were attached or do not kepe the daye gyuen to them by essoyne then the sheryf shal be commaunded to cause them to come at another day at which day if they come not then he shal be coÌ„maunded to dystrayne them by all the goodes and catalles that they haue in the shyre so that the sheryfe shal aunswer to the kyng of the issues of the sayde inherytaunce And that he haue theyr bodyes before our iustyces at a certayn day lymytted Se that if they com not at that day the party playntyfe shal go without daye and his bestes or other dystresses taken by that colour shall remayne delyuered vntyll the same lordes haue recouered by award of the kynges courte and in the meane tyme such dystresses shall ceasse sauyng to the lordes of the court theyr ryght to recouer these sutes in fourme of lawe when they wyll plede therfore and wheÌ„ the lordes of the courtes come into aunswer the playntyfes of suche trespasses and be conuyete therupon then by awarde of the kynges courte the playntyfes shall recouer agaynst them the damages that they haue sustayned by occasyoÌ„ of the sayd dystres lykewyse if the tenauntes after this acte withdrawe from theyr lordes such sutes as they were wonte to do whiche they dyd before the tyme of the sayde voyage and hytherto vsed to do then by lyke spedynes of iustyce as of the lymyttyng of dayes and awardynge of dystresses the lordes of the courtes shall optayne iustyâ—â— to recouer theyr sutes with theyr damages in lyke maner as the tenauntes sholde recourt theyrs And this recoueryng of damages muste be vnderstande of withdrawynges froÌ„ themselues and not of withdrawynge from theyr auncetors neuertheles the lordes of the courtes can not recourt season of suche sutes agaynst theyr tenauntes by defaute as they were wont to do and as touchyng sutes withdrawen before the tyme afore mencyoned let the comen law â—â—â—nâ— as it was wont before tyme. ¶ The .x. Ca. For the turues of sheryffes it was prouyded that archbyshops bysshops abbottes pryouts erles barons nor any relygious men or women shall not nede to be there excepte theyr apparaunce be specyally requyred for some other cause but the turne shall be kept as it hath ben vsed in the tymes of the kynges noble progenitours and if there be any that haue hundredes of theyr owne to be kept they shall not be bounden to appâ—ere at no such turnes but in the lord shyps where they be dwellyng the turnes shal be kepte after the fourme of the great chartour as they were vsed ut the tymes of kyng Rych kyng IohaÌ„ IT is prouyded also that that from ¶ The .xi. Chapiter hensforth nether in the circuyte of iustyces nor in shyres courtes hundredes court barons no fynes shal be takeÌ„ of any maÌ„ for fayre pledyng nor so that any occasioÌ„ shal be And it is to be knoweÌ„ that by this acte certayn fynes or lonys assessyd syns the tyme that our soueraygn lord the kyng fyrst passed into Brytayne are not taken away ¶ The .xii. Chap. IN a plee of dower that is called vnde nichil habet from hensforth foure dayes shal be gyuen in the yere at the least and mo if it may conuenyently So that they shall haue .v. or vt dayes aâ— the teste in the yere in assyses of darreyn presentemeÌ„t and in a plee of Quare impedit of churches beyng voyde dayes shal be gyuen from .xv. to .xv. or from .iii. wekes to .iii. wekes as the place happe to be nere or farre And i a ple of Quare impedit if the dystourbour come noâ— at
he do it by the assente of the partye then incontynent he shall paye accordynge to the couenaunte made betwen them And they that offende these actes and therof be atteynted shal be commytted to pryson and after shal be raunsomed and ponyshed accordyng to the quaÌ„tyte and maner of the trespas and after as the kyng in his court shall thynke coÌ„uenient And it is to be knowen that if they to whome suche trespas was made wyll sue for damages they shal be therto receyued and awarded and be restored to the double And they that haue done the trespas shal be lykewyse ponyshed in the maner aboue sayd And if none wyll sue the kynge shall haue the suyt as for a thyng commytted agaynst his commauÌ„dement and agaynst his peas And the kynge shall make inquerye from yere to yere what persones do suche trespasses after as he shall thynke necessarye conuenieÌ„t And they that be indyted by such inquestes shal be attached dystrayned by the great dystresse to come at a certayne day coÌ„teynyng the space of a moneth in the kynges court or where it shal please the kyng And if they come not at that daye they shal be dystrayned of new by the same dystresse for to come at an other daye contaynynge the space of syx wekes at the least and if they come not then they shal be iudged as attaynted shall yelde double damages at the kynges sute to such as haue taken hurte or damage and shal be greuously rauÌ„somed after the maner of the trespas And the kynge forbyddeth and commaundeth that none fromhensforth do hurte damage or greuaunce to any relygious man or person of the church or any other because they haue denyed meâ—e or lodgyng vnto them or because that any coÌ„playneth in the kynges courte that he hath ben greuyd in any of the thynges aboue meÌ„cyoned And if any do therof be attaynted he shall incurre the payne aforesayd it is ê“uyded that the poyntes afore sayd shall aswell bynd out counsellours iustyces of forestes and other ouâ— iustyces as any other persons and that the foresayd poyntes be mayntenyd obserued and kept lykewyse the kyng forbyddeth vpon great penaltyes that no prelate abbotte man of relygyon or baylyf of any of them or of other receyue no man contrarye to this ordynaunce And that none shal sende vnto the house or maner of a man of relygyon or of any other persone men horse or dogges to be kepte nor none shall them receyue and he that doyth seyng the kyng hath commaunded the contrary shal be greuously ponished yet it is further prouyded that sheryffes fromhensforth shall not lodge with any of the persones afore mencyoned more then with fyue or syx horses And that they shall not greue religyous men nor otherby to often comyng or lodgyng neyther at theyr houses nor theyr maners ¶ The secounde Chapitre IT is prouyded also that when a clerke is taken for gylte of felonye and is demaunded by the ordynarye he shal be delyuered to hym accordynge to the pryuylege of holy churche in suche paryll as belongyth to it after the custome afore tymes vsed And the kynge warned the prelates and enioyned them vppon the faythe that they owe hym and for the commen profytte and peas of the realme that they which be indyted of suche offences by solempâ—e inqueste of lawfull men in the kynges courte in no maner shall be delyuered without due purgacyoÌ„ so that the kyng shall not nede to prouyde any other remedye therin ¶ The .iii. Chapitre IT is prouyded also that nothynge be demaunded nor taken fromhensforth nor leuyed by the sheryf nor by none other for escape of a thefe or a feloÌ„ vntyl it be iudged for an escape by the iustyces errant and he that otherwyse doyth shal restore to hym or them that haue payed it asmoch as he or they haue taken or receyued and asmoch to the kyng ¶ The .iiii. Chapiter COncernyng wreckys of the see it is agreyd that where a maÌ„ a dogge or a catte eskape quycke out of the shyp that suche shyppe nor barge nor any thyng within theÌ„ shal be adiudged wrek but the goodes shal be saued and kepte by vyew of the sheryf coroner or the kynges bayllyffe and delyuered into the handes of suche as are of the towne where the goodes were founde so that if any sue for those goodes after proue that they were his or peryshed in his kepyng within a yere and a daye they shal be restored to hym without delay And if not they shall remayne to the kynge and be seased by the sheryffes coroners bayllyffes of the towne which shall aunswer before the iustyces for the wrek beloÌ„ging to the kyng and where wrek belongeth to an other then to the kyng he shal haue it in lyke maner And he that otherwyse doyth therof be attaynted shal be awarded to pryson and raunsomed at the kynges wyll and shall yelde damages also And if a bayllyf do it it be dysauowed by his lorde and the lorde wyll not dyscharge hym therof the bayllyf shall aunswer if he haue wherof and if he haue not wherof the lord shall delyuer his bodye to the kynge ¶ The .v. Chapiter ANd because eleccyons ought to be free the kyng coÌ„mauÌ„deth vpoÌ„ great forfayture that no great man nor other by force of armes or menacyng shall dystourbe any to make fre eleccyon ¶ The .vi. Chapiter ANd that no cyte boroughe towne nor any man be amercyd without reasonable cause and accordynge to the quantyte of his trespas that is to saye euerye freman sauynge his freholde a merchaunt sauyng his merchaundyse a vyllayne sauyng his gaynure and that by his or theyr peerys ¶ The .vii. Capitter OF pryses assessyd by constables oâ— castellaynes vpon such folke as be not of the towne where the castell is It is prouyded that no conestable nor castellayne from hensforth exact any pryse or lyke thynge of any other then of such as be of theyr towne or castell And that to be payed or agremeÌ„t to be made with â—â— .xl. dayes if it be not an auneyeÌ„t pryse due to the kynge or to the castell or to the lorde of the castell ¶ The .viii. Chapitre ANd that nothyng be taken for fayet pledyng as hath ben prohybytte heretofore in the tyme of kynge Henry father to our soueraygne lorde that now is ¶ The .ix. Chapiter ANd for as muche as the peas of this realme hath ben euyll obserued heretofore for lacke of quyk freshe sayte makyng after felons in due maner namely because of sraunchyses where felons are receyued It is prouyded that al generally be redy and appareylled at the comaundement and somons of sheryffes at the erye of the countre to sue and arrest felons when any nede is aswell within frauÌ„chyses as without and they that wyll not so doo and therof be attaynted shall make a greuous fyne to the kynge and if defaute be found in the lorde of the
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
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 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
graunted that he and all his successours shulde be trybutaryes vnto my lorde the pope payeng yerely for Englande .lxx. markes and for Irelande two hundred 10. Henry the thyrde sone of kyng Iohan began his reygne the .xviii. daye of Octobre the yere of grace M. CC .xvii. And was crowned the .xvi. daye of Iuly next folowyng And dyed the .xvi. day of the moneth of Nouembre And reygned lvi yeres .vi. monethes xxviii dayes And lyeth buryed at westmynster And in the tyme of this kynge began the pylgrymage to Bromeholme And in the tyme of this kynge sayncte Thomas of Canterbury sayncte wolstane of worcestre were translated And this kynge in the .xxii. yere of his reygne made his fyrste voyage into Gascoygne and his ii voyage in the. xxv yere of his reygne 11. Edwarde the fyrst son of Henry the thyrde began to reygne the .xvi. daye of Nouembre the yere of grace M. CC .lxxii. And was crowned the .ix. daye of Auguste next folowynge And dyed the vii daye of Iuly And reygned .xxxiiii. yeres .viii. monethes and .ix. dayes And is buryed at westmynster 12. Edwarde the secounde his sone began to reygne the .vii. daye of Iuly the yere of our lord â–ª M. CCC .vii. And was crowned the .xxiiii. daye of Februarye next folowynge And dyed the .xxv. daye of Ianuary And reygned .xix. yeres vii monethes and .vi. dayes And lyeth buryed at Gloucestre 13. Edwarde the thyrde sone to the secounde Edwarde began his reygne the xxv day of Ianuary the yere of our lord M. CCC .xxvi. And was crowned the secounde daye of February nexte folowynge And dyed the .xxi. daye of Iune And reygned L. yeres .v. monethes and vii dayes And lyeth buryed at westmynster This kyng vanquâ—shed the Scottes at Halydon hyll in whiche battayll he â—â—ewe xxxv thousande and after he toke the towne and castell of Berwyke And after he obtayned the vyctorye vpon the french men in the â—â—â—el of Sluys where he slewe .xxx. M. of them 14. Rycharde the secounde sone of Edwarde that was prynce of wales sone to Edwarde the thyrde was borne hauyng no skynne and therfore was kept vp in ghote skynnes began his reygne the .xxi. daye of Iune the yere of grace M. CCC .lxxvii. And was crowned the xvi daye of Iuly next folowynge And dyed the .xxix. daye of Septembre And reygned .xxii. yeres .iiii. monethes and two dayes And is buryed at westmynster durynge the reygne of this kynge one Iacke straw accoÌ„panyed with mâ—ny other rebelles of Rent made an insurreccion in the realme And in his tyme also began the opinions of Iohan wyâ—lefe 15. Henry the fourth soâ—e to Iohan of Gaunt duke of Lancastre beganne his reygne the .xxix. daye of Septembre the yere of our lorde M. CCC lxxxxix And was crowned the .xiii. daye of Octobre nexte folowyng And dyed the .xx. day of Marche Aâ—d reygned .xiii. yeres .v. monethes and .xviii. dayes And is buryed at Canterbury 16. Henry the .v. son to the said Henry began his reygne the .xx. day of March the yere of our lorde M. CCCC .xii. And was crowned the .ix. day of August next folowyng And dyed the .xxxi. daye of August and reygned .ix. yeres .v. monethes and .xxiiii. dayes And is butyed at westmynster And in the tyme of this kynge there was an insurreccion of lorlardes made agaynst hym in a place called fyckettes felde but they were taken and hanged And lykewyse in his tyme the dolphyn of Fraunce in decision sent hym a tonne full of reuys balles into Englande And not longe after duryng his reygne was the battayll of Agyncourt at the which a great multitude of french men were slayne 17. Henry the .vi. son of Henry the. b. began his reygne the .xxxi. daye of August the yere of grace M. CCCC xxii And was crowned the .vi. day of NoueÌ„bre the yere of grace M. CCCC .xxiii. And dyed the fourth day of Marche the yere of our lorde M. CCCC .ix. And so reygned .xxxviii. yeres .vi. monethes and xvii dayes And lyeth buryed at wyndezor And in the .xxv. yere of this kynge the parlyament was bolden at S. EdmoÌ„des Buty in Suthfolke where Hum frey duke of Elocestre was put to death And be beyng but an enfaunt was crowned kynge of Fraunce at Parys 18. Edwarde the fourthe beganne his reygne the fourth day of Marche in the yere of our lorde M. CCCC .lx. And was crowned the .xxvi. day of Iune next folowyng and dyed the .ix. day of Apryl And so reygned .xxii. yeres one moneth .viii. dayes is buryed at wyndezor 19. Edwarde the .v. sonne to Edwarde the fourth began his reygne the. iâ— day of Apryl the yere of our lord M. CCCC lxxxiii and was neuer crowned And so his reygne dured but two monethes xviii dayes and dyed in the towre of London 20. Kycharde the thyrde duke of Gloucestre beganne his reygne the .xxii. daye of Iune the yere of our lorde M. CCCC .lxxxii. And was crowned the .vi. daye of Iulye nexte folowynge And was slayne at the battell of Bosworth the .xxii. day of the moneth of August the yere of grace M. CCCC lxxxvi And so reygned two yeres two monethes and fyue dayes And is buryed at Leycestre 21. Henry the seueÌ„th of that name erle of Rychmonde beganne his reygne the xxii daye of Auguste in the yere of our lord M. CCCC .lxxxv. And was crowned the .xxx. day of October next folowynge And dyed the .xxi. day of Apryl the yere of grace M. CCCCC .ix. And so reygned .xxiii. yeres .viii. monethes and vii dayes In the thyrde yere of his reygne be obtayned the victorye in battell besydes Newerâ—e agaynste the erle of Lyncolne and Martyn swart And in the .xii. yere of his reygne he ouercam the comons of Cornewal in Blackbeth felde And the same yere he toke one Parken warbeck which sclaunderously and â—â—aytorously named hymselfe the secouÌ„d sone of kynge Edwarde the fourth but afterwarde the same Parken and his mayster were both hanged at Tyburne for theyr treason 22. Henry the eyght began his moste gracyous reygne the .xxi. day of Apryll in the yere of our lorde M. CCCCC .ix. And was crowned the .xxiiii. daye of the moneth of Iune next ensuyng whose moste fortunate and prosperous reygne almyghtye God of his greate goodnes longe contynue ¶ Finis ¶ Here ensuyth a table for the boke after the ordre of the Alphabete Abiuracyon Folio 115. Able and not able folio 110. Accessorye folio 35. Account folio 27. 47. 151. Accusacion folio 7. Ad quod damnum folio 170. Age. folio 48. 51. 92. Ayde of the kynge folio 140. 141. Aiornement folio 4. 83. Alienacion folio 51. 135. Allowance folio 41. Amercyament folio 5. 26. 27. 38. Admesurement folio 68. 69. Appelle folio 8. 54. 75. Approuementes folio 12. 217. Armoure folio 114. Arestes folio 33. 158. Assyse folio 4. 41. 77. 80. 83. Attachement folio 14. Atteynt folio 45. 49. Attorney fol. 14. 53. 73. 127. 138. 47. Aduouson
hath done to vs knyghtes seruyce in our warres ¶ The .xii. Cha. NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage except he paye the olde pryce lymytted that is to say for caryage with ii horse .x. d. a day for .iii. horse .xiiii. d. a day No demean carte of any spiritual person or knyght or any other lorde shall be taken by our baylyes Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by the leue of hym whose the wood is ¶ The .xxii. Chapiter UUe shall not holde the landes of them that be coÌ„uyet of felony but one yere and one daye and then those landes shal be delyueryd to the lordes of the fee. ¶ The .xxiii. Chapiter ALl werys fromhensforth shal be vtterly put downe by Thamys Medway and thorough all England but onely by the see costes ¶ The .xiiii. Chapiter A Wrytte that is called precipe in capite shal be fromhensforth graunted to no man vpon any freholde wherby a freman may lese his courte ¶ The .xxv. Chapitre ONe measure of wyne shall be thorugh all our realme one measure of ale and one measure of corne that is to say accordyng to the quarter of London and one bredth of dyed clothe russettes and haberiectes that is to say .ii. yardes within the lystes And as it is of weyghtes so shall it be of measures ¶ The .xxvi. Chapiter NO thynge fromhensforth shal be gyuen for a wrytte of inquisicion nor taken of hym that prayeth inquysicyon of lyfe or membres but it shal be graunted frely ¶ The .xxviii. Chapi IF any do hold of vs by fee fearme or by socage or burgage he holdeth landes of an other by knyghtes seruyce we shall not haue the custodye of his heyre nor of his lande which is holden of the fee of another man by reason of that fee ferme socage or burgage Nor we shall not haue the custodye of that fee ferme or socage or burgage except knyghtes seruyce be due vnto vs out of that fee ferme Nor we shal not haue the kepynge of the heyre or of any lande by occasyon of any pety feriantye that any man holdeth of vs by seruyce to paye a knyfe an arrowe or other lyke if the land be holdeÌ„ of an other lord by knyghtes seruyce ¶ The .xxviii. Chapiter NO bayllye fromhensforth shal put any man to his open lawe nor to an oth vpon his owne sayeng without faythfull wytnesses brought in for the same ¶ The .xxix. Chapiter NO fre man shal be taken or imprysoned or be dyssesyd of his freholde or lybertees or free customes or be outlawed or exyled or otherwyse dystrayned nor we shall not passe vpoÌ„ hym nor condempne hym but by lawfull iudgement of his peers or by the lawe of the land We shal sell to noman we shal denye nor deferre to noman nother iustyce nor ryght ¶ The .xxx. Chapiter ALl merchauntes if they were not openly prohybyt before shal haue theyr sauâ—e and sure conduytes to entre and departe to go and tarye in the realme as well by land as by water to bye and sell without any maner of yll tolles by the olde and ryghtfull customes excepte in tyme of warre And if they be of the lande makynge warre agaynste vs and be founde in our realme at the begynnyng of the warres they shal be attached without harme of body or goodê vntyll it be knowen vnto vs or our iustyces howe our merchauntes be intreated there in the lande makyng warre agaynste vs. And if our merchauntes be well intreated there theyrs shal be in lyke maner with vs. ¶ The .xxxi. Chapiter IF any man holde of any escheate as of the honor of walyngford No thyngham Boloyn or of any other eschetes which be in our handes as of any baronye and dye his heyre shall gyue none other relyef nor do none other seruyce to vs then he sholde to the baron if it were in the barons hande And we in the same wyse shall holde it as the baron helde it nor we shall not haue by occasyon of any such barony or escheate any escheate or kepyng of any of our men onles they doo holde of vs other where in chyef or els he that helde the baronye or escheate otherwheare helde of vs in chyef ¶ The .xxxii. Chapiter NO freman froÌ„hensforth shall gyue nor sell any more of his lande but so that of the resydue of the land the lord of the fee maye haue the seruyces due to hym which belonge to the fee. ¶ The .xxxiii. Chapiter AL patrones of abbeys which haue the kynges chartours of EnglaÌ„d of aduouson or haue olde â—enure or possessyon in the same shall haue the custodye of them when they fall voyde as it hath ben accustomed and as it is afore declared ¶ The .xxxiiii. Chapiter NO man shal be takeÌ„ or imprysoned vppon the appeall of a woman for the deathe of any other then of her husbande ¶ The .xxxv. Chapiter NO shyre courte fromhensforth shal be holdeÌ„ but from moneth to moneth and where greater tyme hath ben vsed it shal be kept so styll nor no sheryf nor his bayllyf shall kepe his tourne in the hundred but twyse in a yere And not but in due place and accustomed that is to saye ones after Easter and agayne after Myghelmas And the view of fraÌ„k pledge shall be lykewyse at the feast of Myghelmas without occasyoÌ„ So that euery man may haue his lybertees whiche he had or vsed to haue in the tyme of kyng Henry our grauÌ„dfather or which he hath purchased syus The vyew of frankpledge shal be so done that our peas maye be kepte And that the trythynge â—e holly kept as it hath ben accustomed And that the sheryfseke no occasyons that he be content with so muche as the sheryf was wonte to haue for his vyew makyng in the tyme of kyng Henry our graundfather ¶ The .xxxvi. Chapitre IT shall not be leful fromhensforth to any man to gyue his landes to any relygyous house and to take the same lande agayne to holde of the same house Nor it shall not be lefull to any house of relygion to take the landes of any man and to lese the same to hym of whome he receyued it If any man fromhensforthe gyue his landes after this maner to any relygyous house and therupon be conuycte the gyfie shall be vtterly voyd the lande shall retourne to the lorde of the fee. ¶ The .xxxvii. Chapiter EScuage fromhensforth shal be taken lyke as it was wont to be in the tyme of kynge Henry our graundfather reseruyng to all archbyshops bysshops abbottes pryors templets hospytelers erles barons and all persons aswell spirituall as temporall all theyr lybertes and fre customes whiche they haue had in tyme passed And all these customes lybertees aforesayd whiche we haue graunted to be holden within this our realme as much
as appertayne to vs and our heyres we shall obserue And all men of this our realme aswell spirituall as temporall as muche as in them is shall obserue the same agaynst all persones in lyke wyse And for this our gyfte and graunte of these lybertes and of other contayned in our chartour of lybertes of our forest The archebysshops byshops abbottes pryors erles barons knyghtes freholders other our subiectes haue gyuen vnto vs the .xv. part of all theyr moueables And we haue graunted vnto them on the other part that nether we nor our heyres shall procure or do any thyng wherby the lybertes in this chartour contayned shall be mynysâ—â—â— or brokeÌ„ And if any thyng be procured by any persone contrarye to the premysses it shall be had of no force nor effecte These beyng wytnesses Bonyface archebyshop of Canterbury and byshop of London and other Gyuen at westmynster the .x. day of February the ix yere of our raygne We ratefyeng approuynge these gyftes and grauntes aforesayd confirme and make stronge al the same for vs and our heyres perpetually And by the tenor of these presentes do renew the same wyllyng grauntynge for vs and our heyres that this chartour in all and synguler his artycles for euermore shal be stedfastly surely and â—â—â—â—olably obserued And if any artycle in the same chartour contayned yet hytherto peraduenture haue not ben obserued nor kepte we wyll and by our authoryte royall commaunde that from heÌ„sforth they be surely obserued These beyng wytnes R. archbyshop of Canterbury prymate of Englande A. bysshop of Duresme and other Gyuen at westmynster with our owne hande the .xxviii. day of the moneth of March the xxviii yere of our reygne ¶ The chartour of the forestes EDward by the grace of God kyng of Englande lorde of Irelande duke of Guyan to all archbyshops bysshops abbottes pryors erles barons iustyces sheryffes prouostes minystres and to all our bayllyffes and faythfull subiectes greatynge We haue seen the chartour of the lorde Henry our father sometyme kynge of Englande concernyng the forest in these wordes Henry by the grace of god kyng of Englande lorde of Irelande duke of Normandye of Guyan cÌ„ as in the begynnyng of the great chartour ¶ The fyrst Chap. FIrst we woll that all forestes which kyng Henry our graundfather aforested made shal be vyewed by good and lawfull men And if he haue made forest of any other wood more then of his owne demeane wherby the owner of the wood hath hurâ— we woll that forthwith it be put out of the forest And if he haue made forest of no manis wooâ— but of his owne then we woll that it remayne forest styll Sauyng the comon oâ— herbage and of other thynges iÌ„ the same forest to them which before were accustomed to haue the same ¶ The .ii. Chapiter MEn that dwell out of the foreste fromhensforth shall not come before the iustyces of our foreste by no comon somons oneles they be impledyd there or be suretyes for some other that were attached for the forest ¶ The .iii. Chapiter ALl woodes which haue ben made forest by kynge Rychard our vncle or by kyng Iohan our father vnto ouâ— fyrste coronacion shall be forthwith put out of forest onles it be our demean wood ¶ The .iiii. Chapitre ALl archebyshops byshops abbottes pryors erles barons knyghtes other our freholders â–ª whiche haue theyr woodeâ— in forest shall haue theyr woodes as they had them at the tyme of the fyrst coronacion of kyng Henry out graundfather so that they shal be quyte for euer more of all purprestures wastes and assartes made in those woodes syns that tyme vnto the begynning of the secound yere of our coronacion And those that fromhensforth do make purpresture without our specyal lyceÌ„se or make waste or assarte in the same shall aunswere vnto vs for the same wastes purprestures and assartes ¶ The .v. Chapiter OUr rangers shall go thorough the foreste to make regarde as it hath ben accustomed at the tyme of the fyrste coronacion of kyng Henry our graundfather and none otherwyse ¶ The .vi. Chapiter THe inquerye or vyew for lawynge of dogges within our forest shal be made fromhensforth when the regarde is made that is to saye euery .iii. yere then it shal be done by the vyew and testymony of honest men not otherwyse And he whose dogge is not lawed and so founde shal be amercyed and paye for the same .iii. s. And fromhensforthe no ore shal be taken for lawyng of dogges And such lawyng shal be done by the assyse comonly vsed that is to say that .iii. clawes of a forefoâ—e shall be cutte of by the skynne But froÌ„hensforth such lawynge of dogges shall not be done but in places where it hathe ben accustomed from the tyme of the fyrst coronacion of the foresayd kynge Henry our graundfather ¶ The .vii. Chapiter NO foster or walker fromhensforth shall make scot all or gather garbe of oâ—es or any corne lambe or pygge nor shal make no gatheryng but by the syght and vpon the othe of the .xii. rangers when they shall make regarde ¶ The .viii. Chapiter NO swanymote fromhensforth shal be kepte within this our realme but thryse in the yere fyrste the .xv. daye before Myghelmas when that our gest takers and walkers of our woodes com togyther to take geste in our demeanâ— woodes And about the feast of sayncte Martyne in wynter when that our gest takers shall receyue our pawnage And to these two swanymotes shall com ouâ— fosters verders gest takers and none other by dystres The thyrd swanymote shal be kept in the begynnyng .xv. dayes before the feaste of saynct Iohan Baptyste when that our gest takers or walkers do mete to hunte our deere and at this swanymote shall mete our fosters verders and none other by dystres Moreouer euery .xl. dayes through the yere our fosters and verders shall mete to see the attachmentes of the forest aswell for grenehue as for huntyng by the presentmeÌ„t of our fosters And they that by them afore were attached And the sayd swanymotes shall not be kepte but within the countyes in which they haue ben vsed to be kepte ¶ The ix Chapiter EUery fremaÌ„ may put a geste in his owne wood within our foreste at his pleasure and shall take his pawnage Also we do graunte that euery freman may dryue his swyne frely and without impedymêt through our demean woodê there to a gest theÌ„ in theyr owne woodes or els where they woll if theyr swyne rarye one nyght or lye within our forest they shall not be hurte therfore nor lese no thyng therby ¶ The .x. Chapiter NO man fromhensforthe shall lose nother lyfe nor meÌ„bre for kyllynge of our deere but if any man be taken therwith conuyete for kyllynge of our deere he shal be greuously raunsomed if he haue any thynge wherof And if he haue nothyng to lese he shal be unprysoned a yere and a daye And
murage to enclose theyr townes and take suche murage otherwyse than it was graunted vnto them and therof be attaynted It is prouyded that they shall lese theyr graunt for euer more and shal be greuously amerced vnto the kynge ¶ The .xxxi. Chapiter OF suche as take vytayll or other thynges to the kynges vse vpon â—redence or to the garryson of a castell or otherwyse and when they haue receyued theyr payment in the eschequer gaâ— dâ—robe or otherwhere they witholde it from the creditors to theyr great damage sklaundre of the kyng It is prouyded for such as haue landes or tenementes that incontynent it shal be leuyed of theyr landes or of theyr goodes payed vnto the creditours with the damages that they haue sustayned shal be raunsomed for the trespas and if they haue no landes nor tenementes they shall be imprysoned at the kynges wyll And of such as take parte of the kynges dettes or other rewardes of the kynges creditours for the payment of such dettes It is prouyded that they shall pay the double therof and be greuously ponyshed at the kynges plesure And of such as take horse or cartes for the kynges caryage more thâ—n is nede and take rewardes to let suche horse or caâ—â—â—s to go It is prouyded that if any of the courte so do he shal be greuously ponyshed by the marshalles and if it be done out of the court or by one that is not of the court and be therof attaynâ—ed he shall pay treble damages and shall remayne in the hynges pryson xâ— dayes ¶ The .xxxii. Chap. â—T is proâ—yded that no sheâ—yf dâ—â— suffer aâ—y 〈…〉 tours or mayntâ—noâ—â—s of quarels theyr shyeâ—s neyther 〈…〉 of great lordes nor other ou◠〈…〉 be 〈…〉 for his lord to make 〈…〉 nor to 〈◊〉 iudgementes in the â—â—râ—â—s nor to pronounce the iudgemenâ—es iâ— be not spâ—cyally requyred â— prayed of all 〈…〉 and aâ—torneys of the 〈◊〉 which shal be at the courte and if anâ— do the 〈◊〉 shall ponyshe hym greuously for 〈…〉 and hymselfe ¶ The .xxxiii. Chapitre FOr asmuche as many haue often tymes â—oldâ— newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen bâ—twen the kynge his people or great men of this realme for the damage that hath maye therof ensue it is comaunded that from hensforth none be so hardy to tell or publyshe any false newes or saâ—es wherby discord or â—ccâ—syon or dyscord or sklaunder may gâ—â—wâ— betwen the kyng and his peopleâ— or the great mâ—n of the realme and he that 〈…〉 kept in pryson vntyll he be brought in â— the court which was fyrst auâ—â—or of the â—ale ¶ The .xxxiiii. Chapitre OF great men and theyr bayllyffes and other the kynges offycers excepted vnto whom specyall au 〈…〉 e is gyuen which at the coâ—â—â—â—ynce oâ—sâ—â—t or by theyr owne authoryte attache other passynge by the waye wiâ—h theyr goodes compellynge them to aunswere afore them vpoÌ„ coÌ„tractes couenauÌ„tes trespasses done out of theyr iurysdiccyon where in dede they hold naught of them nor within the fraunchyse where theyr power is in pretudyce or the kynge and his crowne and to the damage of the people It is prouyded that none from hensforth so do and if any â—o he shall pay to hym that by this occasyon shal be aâ—tached his damages double and shal be greuously amerced to the kynge ¶ The .xxxv. Chapiter FOrasmuch as before this tyme reasonable ayde to make a maÌ„nes son knyght or to mary his doughter was neuer put in certayne nor how much shuld be taken nor at what tyme wherby some leuyed outrageous ayde and more often then semed necessarye wherby the people wer so greued It is ê“uyded that from hensforth of an hole knyghtes fee there be taken but .xx. s. And of .xx. li. land holden in socage .xx. s. and of more more and of les lesse after the rate And that none shall leuye suche ayde to make his sonne knyght vntyll his sone be .xv. yeres of age nor to marye his doughter vntyl she be of the age of .vii. yeres And of that shal be made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it And if it happen that the father wheÌ„ he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shal be bound to the doughter for asmuche as the father receyued for the ayde And if the fathers goodes be not suffycyent his heyre shal be charged therwith vnto his doughter ¶ The .xxxvi. Chapitre IT is ê“uyded also and agreyd that if any maÌ„ be attaynted of dysseson done in the tyme of the kyng that nowe is with robborye of any maner of good or mouable by recognysaunce of the assyse of nouell dysseson the iudgement shal be such that the playntyf shall recouer seson of the lande with his damages aswel of the goodes and mouables afore sayd as of the frehold and the dyssessour shal be â—aunsomed which whyther he be present or not so it be presented shall fyrst be awarded to pryson And in lyke maner it shal be done of dysseson with force and armes although there be no robborye ¶ The .xxxvii. Chapiter FOr as much as certayne people of this realme doubte very lytle to gyue false verdyts or othes which they ought not to do wherby muche people are dysheryted and lese theyr ryght It is prouyded that the kynge of his offyce shall from hensforthe gyue attayntes in plees of lande or of freholde or of any thynge touchyng freholde when it shall seme to hym necessarye ¶ The .xxxviii. Chapitre ANd forasmuch as it is longe tyme passed syns the wryttes vndernamed were lymytted It is prouyded that in conuayeng a dysâ—eÌ„t in a wryt of ryght none shall presume to declare of the season of his auncetour further or beyonde the tyme of kynge Rycharde vncle of kynge Henry father to the kynge that nowe is and that a wrytte of nouell dysseson of purpartye which is called nuper obiit haue theyr lymytacyon syns the fyrste voyage of kynge Henry father to the kyng that now is into Gascoygne And that wryttes of mort dauncetour of cosynage of ayell of entre and of â—yâ— haue theyr lymâ—tacyon from the coronacyon of the same kynge Henry and not before but all wryttes purchased nowe by themselues or to be purchased betweÌ„ this and the feaste of sayncte Iohan for one yere complete shal be pleded from as longe tyme as heretofore they haue ben vsed to be pleded ¶ The .xxxix. Chapitre FOr asmuche as many folke are deâ—â—yed of theyr ryght by false vouchyng to waâ—raÌ„tye It is prouyded that in wryttes of possession fyrste of all in a wrytte of mortdaunceâ—our of cosynage â–ª of â—yell nuâ—er â—but of â—ntrusyon other lyke wrytâ—es wherby landes or â—enâ—mentes whiche ought â—o dyscend reuerâ—e remayne or falâ—e by the deathe or by the death of an auÌ„cetour or otherwyse that if the tenaunt vouch to warrantye
intendynge to greue thâ—yr tenauntes where they haue no lawfull meane so to do procure other to moue matters agaynste them and to putte in suretye other pledges or to purchase wryttes and at the sute of suche playntyfes compell them to sue at shyrecourtes hundredes wapeÌ„takes other lyke vntyll they haue fayned with them at theyr wyll It is ordayned that it shall not be so vsed hereafter And if any be attached vpon suche false complayntes he shall repleuye his dystres so taken and shal cause the matter to be brought afore iustyces before whome if the sheryf bayllyf or other lorde after that the partye dystrayned had so formed his playnte wyll anowe the dystresse lawfully taken by reason of such complayntes made vnto them it be replyed that such playntes were moued malycyously agaynste the partye by the meanes or procuryng of the sheryf bayllyf or lorde the replycacyon shal be admytted and if they be coÌ„nycte hereupon they shal be raunsomed vnto the kynge and shall neuertheles restore treble damages to the partyes greued ¶ The .xxxvii. Chapitre FOr asmuche also as bayllyfes to whose offyce it belongeth to take dystresses intendynge to greue theyr tenantes and to exacte money of them do sende straungyers to take dystresses to the entent that thy wolde greue the tenantes in so much as the partyes so dystrayned not knowyng such persons wyl not suffer the dystresses to be taken It is prouyded that no dystresse shall be taken but by bayllyfes sworne and knoweÌ„ And if they take dystresses otherwyse therupon be conuycte if the partyes greued wyll purchase theyr wryttes of trespas they shal be restored vnto theyr damages and greuously ponyshed towardes the kynge ¶ The .xxxviii. chapitre FOr asmuch also as sheryfes hundredars and bayllyfes of lybertes haue vsâ—d to greue theyr tenauntes puttynge in assyses and iuryes men lyeke decrepâ—te and men hauynge contynuall or soâ—ayne dyscase men also that dwelled not in the countre at the tyme of the somons and somon also a great multytude of iurrors for to polle money from some of them because they wolde be in peas and so the assyses and iuryes passe many tymes by pore men and the ryche men abyde at home by reason of theyr brybes It is ordeyned that from hensforth in one assyse no mo shal be somoned then .xxiiii. And olde men aboue .lxx. yeres beyng contynually sycke or beynge sycke at the tyme of the somons or not dwellyng in the countre shall not be put in iuryes or pety assyses nor also shal be put in assyses and iuryes though some ought to be taken in theyr owne shyre that may dispend â—esse then .xx. â— yerely And if suche assyses and iuryes be taken out of the shyre â–ª none shall passe in them but that may dyspend .xl. â— yerely at the lest â–ª except such as be wytnesses in dedes or other wrytynges whose presence is necessarye so they be able to trauayll And this statute shall not extende to great assyses in whiche it behoueth many tymes knyghies to passe not resydeÌ„t in the countre for the scarsyte of knyghtes so that they haue lande in the shyres And if the sheryf or his vnderbayllyfes or bayllyfes of lybertees offende in any poynte of this statute and therupon be conuyete damages shal be awarded to the partyes greued and shall neuerthelesse be amerced to the kyng And iustyces assygned to take assyses when they come into the shyâ—e shall haue power to here all playnâ—es as to the artycles conteyned in this statute and to mynistre iustyce in fourme aforesayd ¶ The .xxxix. Chapitre FOr asmuche as iustyces to whose offyce it belongeth to minystre iustyce to all that sue before them are many tymes dystourbed in due execucyon of theyr offyce for that sheryfes do not retourne wryttes oryginall and iudicial and for that they make false retournes vnto the kynges wryttes Our soueraygne lorde the kynge hathe prouyded and ordeyned that such as do feare the falshod of sheryfes shall delyuer theyr wryttes orygynall and indicyall in the open couÌ„tye or agayn in the shyre where as the gatherynge of the kynges money is and may take of the sheryf or vndersheryf beyng present a byll wherin the names of the demaundantes and tenauntes mencyoned in the wrytte shall be conteyned the requeste of hym that delyuered the wrytte the seale of the sheryf or vndersheryf shal be put to the byll for a testymonye and mencyon shall be made of the daye of the delyueraunce of the wrytte and if the sheryf or vndersheryf wyll not putte his seale to the byll the wytnes of knyghtes and other credyble persones beyng in presence shal be taken that haue put theyr seales to such byll and if the sheryf wyll not retourne wryttes delyuered vnto hym and a complaynt therof be made vnto the iustyces a wrytte of iudgement shall go vnto the iustyces assygned to take assyses that they inquere by such as were present at the delyuerauÌ„ce of the wrytte to the sheryf if they knewe of the delyueraunce and the inqueste shal be retourned and if it be founde by the inquest that the wryt was delyuered to hym damages shal be awarded to the playntyf or demaundant hauyng respecte to the qualyâ—e and quaÌ„tyte of the accyoÌ„ and to the harme that myght haue come to hym by reason of the delay that he sustayned and by this meane there is remedye when the sheryf retorneth that the wrytte came to late wherby he coude not execute the kynges commaundement Oftentymes also plees be delayd wheÌ„ the sheryf retorneth that he hath commaunded the bayllyfes of som lyberte that dyd nothyng therin doyth name lybertes that neuer had the retourne of wryttes wherupoÌ„ out soueraygne lorde the kynge hath ordeyned that the treasourer and barons of the eschequer shall delyuer in a rolle all the lybertes of euery shyre that haue retourne of wryttes and if the sheryfe aunswere that he hath made retourne to a bayllyf of another lyberte then is contayned in the sayd rolle the sheryf shal be forthwith ponyshed as a dysherytour of the kynge and his crowne and if peraduenture he retourne that he hath delyuered the wrytte to a bayllyf of some lyberte that in dede hath retourne the sheryf shal be commauÌ„ded that he shall not spare for no lyberte but to execute the kynges precept that he do the baylyfes to wyte to whome he retourned the wrytte that they be redy at a day conteyned in the wrytte to aunswere why they dyd not execute the kynges precept And if they come at the day and acquyte theÌ„selues that no retourne was made to them the sheryf shal be forth with condeyned to the lorde of the same lyberte and lykewyse to the partye greued by the delaye for to rendre damages And if the bayllyfes come not in at the day â–ª or do not acquyte themselues in maner aforesayd in euery iudycyall wrytte so longe as the plee hangeth the sheryf shal be commaundeth to
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
of a mâ—yte And if she commytte forâ—â—cacion in heâ— wydowhed or take an husbande afterwarde she shall lese her dowet Finis ¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii. UUhen a fre maÌ„ shal make homage to his lorde of whom he holdeth in chyef he shall hold his handes togyther betwene the handes of his lord shal say thus I become your froÌ„ this daye forth for lyfe for meÌ„bre for worldly honour and shall owe yow my fayth for the landes that I holde of you sauyng the fayth that I do owe vnto our soueraygne lord the kyng to myne other lordes when a freman shall do fealte to his lorde he shal holde his ryght hande vpon a boke and shall saye thus Here you my lorde â— that I. P. shal be to you both faythful true shall owe my fidelite vnto you for the lande that I hold of you lawfully shall do such customes seruyces as my duety is to you at the termes assygned so helpe me god all his saynctes When a villayne shall do fealte vnto his lorde he shall holde his ryght hande ouer the boke shall say thus Here you my lord A. that I. B. from this daye forth vnto you shal be true faythfull and shal owe you fealte for the lande that I holde of you in villenage and shal be iustefyed by you in body goodes so helpe me god all his saynctes Finis ¶ The statute of wardes and relyefes made the .xxviii. yere of Edwarde the fyrst IT is to wyte that when any relyef is gyueu therto wardshyp belongeth contrary wyse And such as holde by sertaunte to go with the kynge in his hoste there warde and relyef are incydeÌ„t And such as holde by pety sertauntye as to bere shelde or spere in the kynges hoste to bere or to carye there lyeth nether warde maryage nor relyef Also a fre sokeman shal not gyue warde nor relyef but he shall double his rente after the death of his auncetour accordyng as he hath vsed to paye and shall not be vnmesurable greued Now som what is to be sayed of the nature of hauyng wardes There be .ii. maners of wryttes to haue awardes one is where landes be holdeÌ„ in knyghtes seruyce the other is where landes be holden in sâ—cage The warde of lande that is holden in knyghtes seruyce belongeth to the chyefe lorde the maryage which ought to be without dispâ—ragement as the great chartourly my tyth vntyll he comyth to the age of .xxi. yeres The warde of an heyre that holdeth in socage if the inherytaunce dyscende of his mothers syde then it belongyth to the nexte frende of the fathers syde and contrarye wyse And a wrytte to recouer warde may be brought in .iii. maners one is when a man demauÌ„dyth warde of the lande and of his heyre and that is in case when a man holdeth land of another by knyghtes seruyce and the tenaunt dyeth then may the chyef lorde if he be deforced demaunde the warde of his lande and heyre shall haue both warde and maryage Another maner is when a man is infeffed of a rode of lande by one man and by another of another rode the secounde lorde may not brynge a wrytte of warde to recouer eyther the lande or the heyre for the warde belongeth to the lorde of whome he was fyrst infeffed The .iii. maner is where a man hath lande in his handes by reason of a warde and hath not the heyre then he may brynge a wrytte to demaunde the heyre and not the lande ¶ Here endyth the statute of wardes and relyefes made the .xxviii. yere of Edward .i. ¶ Here begynneth a statute concernyng generall dayes in the bench made the .li. yere of H. the .iii. IF a wrytte come within the vtas of S. Myghell a daye shal be gyueÌ„ therupoÌ„ vnto the vtas of S. Hyllarye if it come in the quynzieme of S. Myghel day shal be gyueÌ„ vnto the quynzieme of S. Hillary If it com in the .iii. wekes after S. Myghel the day shal be crastiÌ„o purificatioÌ„is If withiÌ„ a moneth after Myghelmas in the vtas of the purification If in crastino animaruÌ„ then in the quynzieme of Easter If in crastino Martini then in the .iii. wekes after Easter If in the vtas of S. Martini then in Easter moneth If in the quynzieme of saynt Martyne then within .v. wekes after Easter also there is a day specially gyueÌ„ in crastino ascensioÌ„is it â—â—â—â—â—uayleth as much as within .v. wekes after Easter If in the vtas of saynt Hyllarye in the vtas of the Trinite If in quindena Hillarii then in quindena Trinitatis and somtyme in crastino of saynct Iohan Baptyste If in crastino purificationis then in crastino vtas of sayncte Iohan Baptyste If in the vtas of the purification then in quindena of Iohan Baptyst If in quindena Pasche then in the vtas of saynct Myghell If within .iii. wekes after Easter then in quindena of saynct Myghell If within Easter moneth then within .iii. wekes of the feast of saynct Myghel If within fyue wekes after Easter or in crastino Ascensionis then within a moneth after the feaste of S. Myghell If in the vtas of the Trinite then in crastino animaruÌ„ If in quindena trinitatis or in crastino of saynct Iohan Babtyste then in crastino Martini If in the vtas of sayncte Iohan Babtyst then in the vtas of S. Martyne If in quindena of saynct Iohan Baptyst then day shal be gyuen vnto quindena Martini Finis ¶ The statute of Bygamye made the .iiii. yere of Ed .i. IN the preseuce of certayne reuerende fathers byshops of Englaud and other of the kynges counsell the coÌ„stitucyons vnderwryten were recited after harde publyshed before the kynge and his counsell for asmuche as all the kynges counsel aswell iustyces as other haue agreyd that they shulde be putte in wrytyng for a perpetuall memorie and for that they shuld be stedfastly obserued ¶ The fyrst Cha. COncernyng plees where the tenaunt sayeth that he can not aâ—swere with out the kynge It is agreyd by the iustyces and other wyse men of the kynges counsell which heretofore haue had the vse and praciyse of iubgemeÌ„tes that where a feffemeÌ„t was made by the kyng with a dede therupon that if another persone by a lyke feffement a lyke dede be bounden to warrauÌ„tye The iustyces coude not heretofore haue proceded any further without the kynges comaundement had therfore And also it semyth that they coude not ¶ The .ii. Cha. IN certayn cases as where the kyng hath coÌ„fyrmed or ratefyed the dede yf another man to the vse of another or hath graunted any thynge asmuche as hymselfe may or where a dede is shewed and no clause contayned therin wherby â—e ought to warrauntyse and in lyke cases they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke but after