The boke of Magna Carta / with diuers other sta­tutes / whose names ap­pere in the nexte lefe fo­lowynge / translated into Englyshe.

☞ Facessat calumnia.

☞ Anno Dn̄i.


¶ A Table declaryng the names of all the statutes cōteyned in this boke as they stande in ordre.

  • THe great chartour. folio .i.
  • He chartour of forest. folio .x.
  • Merton. folio .xiiii.
  • Marlebrydge. folio .xviii.
  • Westmynster fyrste. folio .xxx.
  • Gloucestre. folio. L.
  • Exposicyons of Gloucestre. fol .lvi.
  • Westmynster secounde. folio .lvii.
  • Westmynster thyrde. folio. C.
  • Wynchestre. folio. C .i.
  • The statute of merchaūtes. fo. C .v.
  • The statute of relygious. fol .c. ix.
  • The statute of champartye. fol .c. x.
  • Vyewe of francpledge. folio .c. x.
  • Assyse of bread and ale. fol .c. xii.
  • Artycles for the clergy. folio .c. xiii.
  • Impanellyng assyses. fo .c. xviii.
  • Iniquisicyon vpon the statute of wyn­chestre. folio .c. xx.
  • Circumspecte agatis. folio .c. xxi.
  • Artycles agaynste the kynges prohy­bicyon. fo .cx. xi.
  • Dystresses of theschequer. fol .c. xxii.
  • Diffinicion of conspiratours. fo .c. xxiii.
  • [Page]Leuyeng of fynes. folio .c. xxiiii.
  • Fynes & makyng attorneys. fo .c. xxvii.
  • The statute of defendynge ryght or res­ceyte. folio .c. xxviii.
  • The statute of vouchyng. fo .c. xxix.
  • The statute of yorke. folio .c. xxx.
  • The kynges prerogatyue. fo .c. xxxiii.
  • Doynge of homage. fol .c. xxxviii.
  • The statute of wardes & relyefes. fo. 139.
  • Dayes in the benche. fo .c. xl.
  • The statute of bigamy. fol .c. xl.
  • The statute of toyntenātes. fo .c. xlii.
  • Dayes in a wryt of dower. folio .c. xlv.
  • The statute of Eschetours. fol .c. xlvi.
  • The statute of sh [...]ryfes. fol .c. xlvii.
  • The statute of Irelande. fo .c. xlviii.
  • Quo warran to the fyrst. folio .c. l.
  • An ordinaunce of measures. fo .c. l.
  • A statute for theschequer. fol .c. li.
  • The statute of Essoynes. fo .c. lv.
  • A statute of the pyllorye. fol .c. lvi.
  • Breakers of prysons. fo .c. lviii.
  • Of trespassers in parkes. fol .c. lviii.
  • The wrytte of consultacion. fol .c. lix.
  • The offyce of Coroners. fol .c. lx.
  • The statute of proteccyons. fo .c. lxi [...].
  • The fourme of leuyeng fynes. fo .c. lxiii.
  • The statute of Ga [...]elette. fol .c. lxiiii.
  • The statute of knyghtes. fo .c. lxv.
  • [Page]The statute of waste. fol .c. lxvi.
  • Of weyghtes & measures. fo .c. lxviii.
  • Of Forstallours. fo .c. lxviii.
  • The statute of pryses folio .c. lxix.
  • Of purchasyng lybertes. fol .c. lxx.
  • A statute of the leape yere. fo .c. lxxi.
  • Of persones appealled. fo .c. lxxix.
  • The extent of a maner. fo .c. lxxiii.
  • Quo warranto the secoūde. fo .c. lxxiiii.
  • An ordināce of inquestes. fo .c. lxxvii.
  • An ordināce of the forest. fo .c. lxx [...]viii.
  • Of conspiratours. fol .c. lxxix.
  • Of measuryng lande. fo .c. lxxx.
  • The sta. of Acton Burnell. fol .lxxxi.
  • Artycles vpō ye chartours. fo .c. lxxxiii.

And after foloweth a bryef colleccyon of the reygnes of the kynges of Englande / with a propre table / wherby on [...] may lyghtly fynde out the pryn­cypall matters conteyned within this boke. ⸫

¶ Faultes escaped in the pryntynge.

IN the. 11. lefe the last lyne on the fore syde for (lene) rede leue. the. 17. lefe the secounde lyne on the bak­syde for (lese) rede leasse / the. 17. lefe the. 23. lyne on the foresyde for (more) rede / mere. the. 23. lefe the. 24. lyne on the foresyde for (Se) rede / So. the. 24. lefe the. 9. lyne on the baksyde for (so moued) somoned / the. 26. lefe the. 6. lyne on the foresyde (by the death) is twyse put in / and the. 11. lyne on the foresyde for (countre) rede courte / the. 57. lefe the. 8. lyne on the foresyde for (verely) rede yerely. the. 75. lefe the secound lyne on the foresyde for (counte) rede cuntre. the. 76. lefe ye. 4. lyne on the foresyde after this worde (haue) rede power. ye. 82. lefe the. 4. lyne on the bak­syde for (had put) rede hath put hymself. the. 86. lefe the. 3. lyne on the foresyde for (handes) rede landes. the. 88. lefe the. 22. lyne for (fayned) rede fyned. the. 95. lefe the laste lyne on the baksyde for (clothe) rede garment. the. 114. lefe the. 21. lyne on the foresyde after this worde (hereaf­ter) rede lye. the. 119. lefe the. 10. lyne [Page] on the foresyde for (merchaunt townes) rede market townes / and so in dyuerse other places of the boke. the. 121. lefe and 19. lyne after (spirituall) rede goodes. the 138. lefe & the fyrste lyne on the foresyde / for (make) rede do. the same lefe in the. 5. lyne after the worde (your) rede man. the 144. lefe and fyrste lyne on the baksyde / for (and) rede had / the same lefe and. 5. lyne after this worde (called) rede indi­cauit. the. 148. lefe and. 15. lyne for this worde (lande) rede offyce. the. 156 lefe the fyrste lyne on the foresyde after (he) rede the sheryfe. the. 158. lefe the. 13. lyne on the foresyde after (hath) rede broken. the same lefe and. 19. lyne / for (vnto) rede af­ter. the. 160. lefe &. 28. lyne for (one) rede any. the. 162. lefe &. 21. lyne for (he) rede hue. the. 169. lefe and. 19. lyne after (as­well) rede vpon. the. 178. lefe &. 8. lyne on the baksyde for this word (escheate) rede estate. ⸫

¶ The great Chartour made in the .ix. yere of kyng Henry the thyrd / and confirmed by kyng Edwarde the fyrste / in the .xxviii. yere of his reygne.

EDwarde by the grace of God kynge of England / lorde of Irelande / & duke of Guyan. To all arche­byshops / byshops / abbot­tes / pryours / erles, barōs iustyces / sheryffes / reuys / offycers / and to all baylyffes / and other his faythfull subiectes / greatynge.

We haue sene the greate Chartour of the lorde Henry / somtyme kynge of En­glande / our father / of the lybertyes of Englande in these wordes.

¶ Henry by the grace of god kynge of Englande / lorde of Irelande / duke of Normandye / and Guyan / and erle of Angeoy. To all archbyshops / byshops / abbottes / pryours / erles / barons / she­ryffes / reuys / offycers / and to all baylyf­fes / and our faythfull subiectes / whiche shall see this present chartour / gretyng.

Knowe ye that we / vnto the honour of almyghty god / and for the saluacyon of the soules of our progenytoures and [Page] successoures kynges of Englande / to the aduauncement of holy churche / and amendement of our realme / of our mere and fre wyll haue gyuen and graunted to all archebyshops / byshops / abbottes / pryors / erles / barons / and to all fre men of this our realme these lybertyes vnder wrytten / to be holden and kepte in this our realme of Englande / for euermore.

¶ The fyrst Chapiter.

FIrste we haue graunted to god / & by this our present chartour haue confirmed for vs & our heyres / for euer­more / that the church of Englande shal be free / and shall haue all her hole rygh­tes and lybertyes vnhurt.

We haue graunted also and gyuen to all the fremen of our realme for vs and our heyres / for euermore / these lyberties vnderwryten. To haue and to holde to them and to theyr heyres / of vs and ou [...] heyres for euermore.

¶ The secound Chapiter.

IF any of our erles / or barons / or any other our tenauntes / that doo hold of vs in chyef by knightes s [...]uy [...]e / dye: And at the tyme of his deathe his heyre be of full age / and oweth to vs re­lyef: [Page 2] he shall haue his inherytannce by the olde relyef / that is to saye / the heyre or heyres of an erle for an hole eridom one hundreth poundes. The heyre or heyres of a baron for an hole barronye one hundreth markes. The heyre or heyres of a knyght for one hole knygh­tes fee / one hundreth . [...]. at the most. And he that hath lesse / shall gyue lesse / accor­dyng to the olde custome of the fees.

¶ The .iii. Chapyter.

BVt if the heyre of any such be with in age / his lorde shall not haue the warde of hym / nor of his lande / before that he take of hym his homage. And after that suche an heyre hathe ben in warde (when he is come to full age) that is to saye / to thage of xxi. yeres / he shall haue his inherytaunce without relyef / and without fyne / so yt if such an heyre (beyng within age) be made knyght / yet notwithstandyng his lande shall remayne in the kepyng of his lord vnto the fore sayd terme. ⸫

¶ The .iiii. Cha­piter.

[Page] [...] if she goo from the castell then a compe­tēt house anone shalbe prouyded for her in the which she may honestly abyde / vntyll her dower be to her assygned / as it is aforesayde. And she shall haue in the meane tyme her reasonable estouers of the comen. And for her dower shalbe as­sygned the .iii. parte / except she were in­dowed of lesse at the church dore.

No wydow shalbe dystrayned to ma­rye herselfe / neuertheles she shall fynde suretye that she shal not marye without our lycense and assente / if she holde of vs nor without the assent of the lorde / if she holde of another.

¶ The .viii. Chapiter.

UUe nor ower bayllyffes shall not sease any lande or rente for any dette / as longe as the goodes and catalles of the dettour (whiche be present) do suffyse to pay the dette / and the dettour hymselfe be redye to satysfye therfore / nor the pledges of the dettour shalbe di­strayned / as longe as the pryncypall dettour is suffycient for the payment of the dette. And if the pryncypall dettor fayle in payment of the dette hauyng nought [Page 4] wherwith to pay / or wyl not pay whear he is able ynough / than the suretes shall aunswer for the dette. And if they wyll / they shall haue the landes and rentes of the dettor / vntyl they be satysfyed of the dette whiche they before payed for hym / except that the dettor can shew hymselfe to be acquyeted agaynst his sayde sure­tyes.

¶ The .ix. Chapiter.

THe cyte of London shall haue all the olde lybertees and customes / which it hath ben vsed to haue. Moreo­uer we wyll and graunt / that all other cyties / borowghes / townes / and the ba­rons of the .v. portes and all other por­tes / haue all theyr lybertes and fre customes.

¶ The .x. Chapiter.

NO man shall be dystrayned to do more seruyce for a knyghtꝭ fee nor for any other freholde / then is due ther­fore.

¶ The .xi. Cha­piter.

[Page]COmen plees shall not folowe our courte / but shalbe holden in some place certayne.

¶ The .xii. Chapiter.

REcognysaunces of newe disseson / and of mort dauncestor shall not be kepte but in theyr shyres and after this maner. If we be out of the realme / our chyef iustyces shall sende out other iustyces thorough euery countye ones in the yere / whiche with the knyghtes of the shyres shal take the sayd assyses in those countyes / and those thynges that at the comyng of our foresayd iustyces beyng sente to take those assyses in the coun­tyes / can not be determyned shall be ended by them in some other place in theyr circuyte. And those thyngꝭ which for dyffycultye of some artycles can not be determyned by them shalbe referred to ower iustyces of the benche and there shalbe ended.

¶ The .xiii. Chap.

ASsyses of darreyn presentement shalbe taken alway before our iu­styces of the benche / and there shalbe de­termyned.

¶ The .xiiii. Chapiter.

AFreman shall not be amerced for a lytle faute / but after the quātyte of the faute. And for a great faute after the maner therof sauyng to hym his cō ­tenement [Page 5] or freholde. And a merchaunt lykewyse shall be amercyed / sauynge to hym his merchaundyse. And any other maner vyllayn then owers lykewyse shalbe amercyed / sauyng his waynage / if he fall into ower mercye. And none of the sayd amercyamentes shalbe assessed / but by the othe of sad and honest men of the neyghbourhed. Erles and barons shal not be amercyed but by theyr pyers and after the quantyte of theyr trespas. No man of the churche shalbe amercyed after the rate of his spirytuall benefyce / but after his laye tenemēt / and after the quantyte of his trespas.

¶ The .xv. Chapyter.

NO towne nor freman shalbe dys­trayned to make brydges nor bankes / but such as of olde tyme & of ryght haue ben accustomed to make them in the tyme of kynge Henry ower graund father.

¶ The .xvi. Chapitre.

NO banke shalbe defendyd frōhens­forth but suche as were in defence in the tyme of kynge Henry our graūd­father / by the same places and the same boundes / as they were wont to be in his tyme.

¶ The .xvii. Chapiter

[Page]NO sheryf / constable / eschetor / coro­ner or any other our baylyffes shal holde plees of our crowne.

¶ The .xviii. Chapitre.

IF any mā that holdeth of vs a lay fee / do dye / & our sheryf or bayllyf do shewe our lettres patentes of our so­mons for dette which the dead man dyd owe vnto vs. It shalbe lefull to our she­ryfe or baylyffe to attache and arrest all the goodes and catalles of the dead man beynge founde in the sayd fee to the va­lue of the same dette / by the view and recorde of lawfull men. So that nothynge therof shalbe taken away / vntyll we be clerely payed of the dette. And the resy­due shall remayne to the e [...]ecutours to perfourme the wyl of hym that is dead. And if it be founde that he owyth no­thyng vnto vs. All the goodes and catalles shall go to the vse of the dead man / sauynge to his wyfe and chyldren theyr reasonable partes.

¶ The .xix. Cha.

NO cōstable or his baylye shall take corne or other catall of any man for to vytayle his castell / if the man be not of the towne where the castel is / but he shall forthwith paye for the same / on­les it maye appere that the wyll of the [Page 6] sellar was to respyte the payment. And if he be of the same towne / the pryce of that corne or catall shall be payed vnto hym within .xl. dayes.

¶ The .xx. Cha.

NO constable shall dystrayne any knyght for to gyue money for ke­pynge of his castell if he hymselfe wyll do it in his propre persone or cause it to be done by another suffycient man / if he may not do it hymselfe for a reasonable cause. And if we do commaunde or send hym to our warres / he shalbe fre from castell warde for the tyme that he hath ben with vs in our hoste in fee for the which he hath done to vs knyghtes seruyce in our warres.

¶ The .xii. Cha.

NO sheryffe nor our baylye or any other shall take the horse or cartes of any man to make caryage / except he paye the olde pryce lymytted / that is to say / for caryage with. ii horse .x. d. a day for .iii. horse .xiiii. d. a day. No demean carte of any spiritual person or knyght / or any other lorde shall be taken by our baylyes. Nor we nor our baylyes or any other shall take any mannes wood for our castelles or other our necessaryes to be done but by ye leue of hym whose the wood is.

¶ The .xxii. Chapiter.

[Page]UUe shall not holde the landes of them that be cōuyet of felony / but one yere and one daye / and then those landes shalbe delyueryd to the lordes of the fee.

¶ The .xxiii. Chapiter.

ALl werys fromhensforth shalbe 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 / shalbe 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 shalbe gyuen for a wrytte of inquisicion / nor taken of hym that prayeth inquysi­cyon of lyfe or membres / but it shalbe [Page 7] 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 yt 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 holdē 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 shalbe taken or impry­soned or be dyssesyd of his freholde or lybertees / or free customes / or be out­lawed / or exyled / or otherwyse dystray­ned / [Page] nor we shall not passe vpō 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 sau [...]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 shalbe at­tached without harme of body or goodꝭ 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 shalbe in ly­ke maner with vs.

¶ The .xxxi. Chapiter.

IF any man holde of any escheate / as of ye honor of walyngford / No thyngham / Boloyn / or of any other es­chetes which be in our handes as of any [Page 8] 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 frōhensforth shall gyue nor sell any more of his lande / but so that of ye 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 Englād of aduouson or haue / olde [...]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 shalbe takē or imprysoned vppon the appeall of a woman for the deathe of any other then of her hus­bande.

¶ The .xxxv. Chapiter.

[Page]NO shyre courte fromhensforth shal be holdē / but from moneth to mo­neth / and where greater tyme hath ben vsed / it shalbe 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 ye view of frāk pledge shall be lykewyse at the feast of Myghelmas without occasyō. So that euery man may haue his lybertees whi­che he had or vsed to haue in the tyme of kyng Henry our graūdfather / or which he hath purchased syus. The vyew of frankpledge shalbe so done that our peas maye be kepte. And that the trythynge [...]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 [Page 9] 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 shalbe ta­ken lyke as it was wont to be in ye 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 [Page] / 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 mynys [...] or brokē. 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 shalbe stedfastly sure­ly and [...]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 [Page 10] hēsforth they be surely obserued.

These beyng wytnes. R. archbyshop of Can­terbury prymate of Englande. A. bys­shop of Duresme and other.

¶ 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. &c̄. as in ye begynnyng of the great chartour.

¶ The fyrst Chap.

FIrst we woll yt all forestes which kyng Henry our graundfather a­forested & made shalbe 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 ye wood hath hur [...] [Page] we woll that forthwith it be put out of the forest. And if he haue made forest of no manis woo [...] but of his owne then we woll that it remayne forest styll. Sauyng the comon o [...] herbage and of other thynges ī the same forest to them which before were accustomed to haue ye 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 ou [...] 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▪ whiche haue theyr woode [...] 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 shalbe quyte [Page] 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 lycēse / 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 shalbe made fromhensforth when the regarde is made / that is to saye euery .iii. yere / & then it shalbe done by the vyew and tes­tymony of honest men & not otherwyse. And he whose dogge is not lawed and so founde shalbe amercyed and paye for the same .iii. s. And fromhensforthe no ore shalbe taken for lawyng of dogges. And such lawyng shalbe done by the as­syse comonly vsed that is to say that .iii. clawes of a forefo [...]e shall be cutte of by [Page] the skynne. But frōhensforth 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 o [...]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 demean [...] 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 ou [...] fosters / verders / gest takers / and none other by dystres The thyrd swanymote shalbe 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 [Page] 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 presentmēt 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 fremā 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 woodꝭ there to a gest thē 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 mēbre for kyllynge of our deere / but if any man be taken therwith & conuyete for kyllynge of our deere he shalbe greuously raunsomed if he haue any thynge wherof.

[Page]And if he haue nothyng to lese he shalbe unprysoned a yere and a daye. And after the yere and day expyred (if he can fynde suffycient suretyes he shalbe delyuered. And if not he shall abiure the realme.

¶ The .xi. Chapiter.

UUhatsomeuer archbyshop / byshop [...]le / or baron comyng to vs at our commaundement and passynge by our forestes / it shalbe 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 / ma [...]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 & herōs and he shall haue also the honye that is [Page] founde within his woodes.

¶ The .xiiii. Chapiter.

NO foster frōhensforth that is not [...]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 [...] saye for caryage by carie the halfe yere .ii. d. and for another halfe yere .ii. d. for an horse that beryth lo [...]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 car [...] chymynage or toll shalbe takē. Nor chy▪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 [Page] 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 shalbe presen­ted to our chyef iustyces of our foreste when they shall come thyther to holde plee of forest / and before them they shal­be 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 ye great chartour. And we do cōfirme and ratefye these gyftes. &c. as in thende [Page 14] 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 coronaciō of the sayd kynge & Alyanore the quene about which they were all called where it was treated for the comen welth of the realme vpō the artycles vnder wrytten. Thus it was prouyded and graun­ted aswell of the foresayd archbyshops / byshops / erles and barōs / 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 quarētyn 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 [Page] conuyct of such wrongfull deforcement shal yelde damages to ye same wydowes that is to say the value of tho [...]e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemēt of our court haue recouered season of theyr dowers / and the deforcers neuertheles shalbe 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 er­rātes 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 [Page 15] pryson vntyl the kyng hath dyscharged thē by raunsome or by som other mean. And this is the fourme how such beyng [...]óuyct shalbe ponyshed when the playn­tyfes com into the courte they shal haue the kynges wrytte dyrected to the she­ [...]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 kyngꝭ 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 mēcioned. And if it be found other wyse the playntyfe shalbe amerced / and the other shall go quyte / nor the sheryfe shall not execute any such playnte with­out specyal cōmaundement of the kyng In lyke maner shalbe done to them that haue recouered theyr season by assyse of mor [...]daūcetor. And so of all landes and tenementes recouered in the kynges courte by [...]nqueste if after they be dysse­sed [Page] by ye fyrst deforceours agaynst whō 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 ye resydue of theyr maners as of waste woodes and pastures / because the same feffees ought to haue sufficient pa­sture accordyng to theyr holde. Thus it is prouyded and graū [...]ed that whan so euer suche feffees [...]o brynge an assyse of nouell dysseson for theyr comē of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffy­seth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture / then let them be cōtented therwith / and they on whome it was cō playned shal go quyte of that in so moch as they haue made theyr ꝓfyte of theyr landes was [...]e woodes and pastures. And if they alledge that they haue not suffy­cyent pasture or suffycyent ingate & out­gate accordynge to theyr holde / then let the truth be inquered by assyse. And if it be sounde by the assyse that the same de­forceours [Page 16] haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffyciēt pasture (as before is sayd) then shall they recouer theyr sea son by vyew of the inqueste / so that by theyr dyscrecyō and othe the playntyfes shall haue suffycient pasture and suffy­cyēt ingate and outgate in fourme aforesayd. And the dyssesors shalbe amerced and shall yelde damages as they were wont before this prouysyon. And if it be certefyed by the assyse that the playn­tyfes haue suffycient pasture with fre ingate and outgate / as before is sayd / let the other make theyr profyte or approuement of the resydue and go quyte of that assyse.

¶ The .v. Chapiter.

LIkewyse it is prouyded & graun­ted of the kynge / that from hens­forth vsuryes shal not rēne agaynst any beynge within age from the tyme of the deathe of his auncetour (whose heyre he is) vnto his lawful age / so that notwithstandyng this the payment of the pryn­cypall dette shall not remayne with the vsurye before the deathe of his auncetor whose heyre he is.

¶ The .vi. Chapite.

[Page]OF heyres that be led away withol­den or maryed by theyr frendes or by other with force agaynste our peas. Thus it is prouyded that what so euer [...]ay man be conuyct therof that he hath so witholden any chylde led away or maryed / he shall yelde to the loser the value of the maryage. And for the offence his bodye shalbe taken and imprysoned / vn­tyll he haue recompensed the loser / if the chylde be maryed / and further vntyll he hathe satisfyed the kynge for the tres­pas. And this muste be done the heyre beyng within the age of .xiiii. yeres. And of an heyre beynge .xiiii. yeres olde or aboue vnto his ful age if he marye without lycense of his lorde to defraude hym of the maryage and his lorde offer hym resonable & cōuenyēt maryage without dysperagement / then his lorde shal hold his lande beyonde the terme of his age / that is to saye .xxi. yeres / so longe that he maye receyue the double value of the maryage after thestymacyon of lawfull men or after as it hath ben offered hym before without fraude & collusyon / and after as it may be proued in the kynges courte. And as touchyng lordes which marye those that they haue in warde to [Page 17] vyllayns or other as burgesses where they be dysperaged / if suche an heyre be within thage of .xiiii. yeres and of such age that he coude not consent to maryage / then if his frendes cōplayne of that lorde / he shall lose the wardshyp vnto thage of the heyre. And all the profytes that therof shalbe taken shall go to the vse of the heyre beyng within age after the dyscrecyon & prouysyon of his fren­d [...] for shame done to hym / but if he were xiiii. yeres and aboue / so that he may cō ­sent and do consent to such maryage no payne shall folow. If any heyre of what age so euer he be wyll not marye at the request of his lorde he shall not be com­pelled therto / but whē he comyth to full age / he shall gyue to his lorde and paye hym asmoch as any wolde haue gyuen hym for the maryage before the receyte of his lande / and that whyther he wyll marye hymselfe or not / for the maryage of hym yt is within age of more ryght pertayneth to the lorde of the fee.

¶ The .vii. Chapiter.

OF conueyaunce of dyscente in a wrytte of ryght from our auncetor from the tyme of thelder. H. kynge the yere and daye. It is prouyded that from [Page] densforth there be no mencyon made of so longe tyme / but frō the tyme of kyng Henry our graundfather. And this act shall take effecte at Penthecoste the .xxi. yere of our reygne and not afore. And the wryttes before purchased shall pro­cede / wryttes of mortdauncetor of na­tiuis and of entre shall not passe the last retourne of kyng Iohan from Irelande into Englande. And this acte shall take effecte as before is declared / wryttes o [...] nouell dysseson shall not passe the fyrste voyage of our soueraygne lord the kyng that nowe is into Gascoygne And this acte to take his effecte from the tyme a­foresayd / and all wryttes purchased be­fore shall procede.

¶ The .viii. Chapiter.

TO the kynges wrytte of bastardye whyther one beyng borne afore matrymonye maye inherytte in lyke ma­ner as one that is borne after matrymony / all the byshops aunswered that they wolde not nor coulde not aunswer to it / because it was dyrectly agaynst the or­der of the churche. And all the byshopes instaunced the lordes that they wold cō sent that all suche as were borne afore matrimony shuld be legyt [...]ymate aswell [Page 18] as they that be borne within matrimo­nye as to the succession of inheritaunce in so much as the church receyueth such for legyttyme / and all the erles and ba­tons with one voyce aunswered yt they wolde not chaunge the lawes of the re­alme which hytherto haue ben vsed and approued.

¶ The .ix. Chap.

MOreouer it was enacted that eue­ry freman which oweth sute to the countye / trythyng / hundred / and wapē ­take / or to the courte of his lord may frely make attorney to do ye sutes for hym.

¶ The .x. Chapiter.

OF trespasers in parkes and war­rens it is not yet dyscussed for the lordes demaunded the propre impryson­ment of such as they sholde take in theyr parkes and warrens whiche the kynge denyed / wherfore it was deferred.

¶ Here endeth the statute of Merton.

¶ The statute of Marlebrygge.

THe yere of grace a. M. CC .lxvii. ye .lii. yere of ye raygn of kyng H. son of kyng Iohā in yvtas of S. Martyn for ye bettar estate of this realme of England / & for the more spedy minystracion of iustyce as belongeth to [...]hoffyce [Page] of a kynge (the more dyscrete men of the realme beyng called to gyther aswell of the hygher as of the lower degree. It was prouyded agreyd & ordeyned that where a [...] ye realme of Engeland of late had ben dysquyeted with manyfold troubles and dyscensyons / for reformacyon wherof statutes and lawes be ryght ne­cessarye wherby the peace and tranquyl lyte of the realme must be obserued to whiche thyng the kynge entendynge to gyue conuenient remedye hath made these actes / ordynaunces / and statutes vnder wrytten whiche he wylleth to be obserued for euer more stedfastely & in­ [...]yolably of all his subiectes aswell of hyghe as of lowe degree.

¶ The fyrst Chapiter.

UUhere as at the tyme of an insur­re [...]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▪ but [...]oke great ponyshmen­tes & dystresses of theyr neyghbours & of other vntyl they had amēdes & raunsom at theyr owne pleasure. And further som [Page 19] 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 [...]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▪ fore is sayd) and be conuycte therof / he shalbe 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 shalbe made to them that haue sustayned losse by suche dys­tresses.

¶ The .ii. Chapiter.

[Page]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 shalbe 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 customꝭ 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 yt same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd / [Page 20] (if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme) but shalbe amerced as hytherto hath ben vsed▪ & the tenaunt shall recouer his damages agaynste hym.

¶ The .iiii. Chapiter.

NOne frōhensforth 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 iudgemēt / he shalbe raunsoned (as aboue is sayd) as for a thynge done agaynste the pea [...]e. Neuertheles if the lorde presume so to do agaynste his tenaunt / he shalbe greuously ponyshed by amercyment onely. Moreouer the dystresses shalbe reasonable and not to great. And he that ta­keth great and vnreasonable dystresses shalbe greuously amerced for the excesse of suche dystresses.

¶ The .v. Chapitre.

THe great chartour shalbe obserued in all his artycles aswell in such as pertayne to the kyng as to other / & that shalbe inquered afore the iustyces errant in theyr iourneys and afore the sheryfe [...] in theyr countyes when nede shalbe.

[Page]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 shalbe obserued in all his arty­cles / and the offenders when they be cō ­uyete shalbe greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned.

¶ The .vi. Chapiter.

AS touchyngr them that vse to in­fe [...]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 l [...]e his warde. Moreouer of them that fayne [...]a [...]se feffementes of theyr landes / which they wold l [...]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 tho [...]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 [Page] because no man wylde conten [...] [...]o holde [...] 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 yt terme it shalbe 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 shalbe greuously [Page] ponyshed by amercyment.

¶ The .vii. Chapiter.

IN a comon plee of warde if the de­torceours come not at the great dystr [...]es then the sayde wrytte shalbe re­newed twyse or thryse as it may be with in the moy [...]e of the yere folowynge / so that euery [...]yme the wrytte shalbe 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 ha [...]fe yere / nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of the 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 l [...]geth to theyr inherytaūce / such hey­r [...]y [...]g within age shall not lese theyr [...]nce by the neclygence or rebel ly [...] of theyr kepars / as in the case afore rehersed / but let the comen lawe [...]enne [Page] in lyke maner as it hath ben accustomed to do.

¶ The .viii. Chapiter.

THey whiche be taken and impry­soned for reddyssesyn shall not be [...]elyuered without specyall commaundemēt of the kyng / & shall make fyne with the kynge for theyr trespas. And if it be founde that the sheryf delyuereth any cōtrarye to this ordynaunce he shalbe 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 ye courtes of great lordes or of meanet per­sones from hensforth this ordre shall be obserued that none that is infested by dead from hensforth shalbe 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 thē whose aūcetors or they thēself haue vsed to do such sute before ye fyrst voiage of ye sayd kyng H. into Brytayne / syns which .xxxix. yeres & an halfe are passed vnto the tyme yt these statutꝭ were enacted / lykewyse no feffee frō hensforth with [Page] out dede from the tyme of the conqueste or some other auncyent feffement shalbe 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 frō hensforth shall no be bound to suche su­tes or to other lyke contrarye to the fourme of theyr feffemēt. And if any inherytaūce 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 porciō 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 yt 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 thē all the feffees accordyng to theyr porcyō shalbe contrybutoryes for doyng the sute for them. And if it chaunce the lordes of the fee to dystrayne theyr tenauntes for [Page] such sutes contrary to this acte / then at the complaynte of the tenauntes the lordes shalbe attached to appere in ye kynges courte at a shorte daye to make aunswere therof / and shall haue but one es­soyne therin / if they be within ye realme and immedyatly the bestes or other dys­tresses taken vpon this colour shalbe delyuered to the playntyfe. And so shal re­mayne vntyll the plee betwyxte them be determyned. And if the lordes of ye 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 shalbe commaunded to cause them to come at another day / at which day if they come not then he shalbe cōmaunded 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 [Page] 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 whē 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 ye damages that they haue sustayned by occasyō 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 ius­ty [...] 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 frō 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 [...]n [...] as [Page 24] 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 yt haue hundredes of theyr owne to be kept / they shall not be bounden to app [...]ere at no such turnes but in the lord shyps where they be dwellyng / & the turnes shalbe kepte after the fourme of the great chartour / & as they were vsed ut the tymes of kyng Rych. & kyng Iohā.

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 shalbe takē of any mā for fayre pledyng / nor so that any occasiō shalbe. And it is to be knowē that by this acte certayn fynes or lonys assessyd syns the tyme yt our soueraygn lord ye 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 shalbe gyuen in the yere at the least and mo / if it may conuenyently / [Page] So that they shall haue .v. or. vt. dayes a [...] the teste in the yere in assyses of dar­reyn presentemēt and in a plee of Quare impedit of churches beyng voyde dayes shalbe 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 no [...] at the fyrste daye that he is so moued nor caste no essoyne / then he shalbe attached at another day / at which day if he come not nor caste none essoyne / he shalbe dys­trayned by the great dystres aboue gy­uen. And if he come not then / by his de­fau [...]e a wrytte shall go to the byshop of the same place yt the clayme of the dys­tourbour for that tyme shall not let the playntyf / sauyng to the dystourbour his ryght at another tyme when he wyll plede therfore. The same lawe shalbe obserued in makyng attachementes in all wryttes where attachementes lye as in makyng dystresses / so that the secounde attachement shalbe made by bettar sure tyes and afterwarde the laste dystres.

¶ The .xiii. Chapiter.

ANd it is to be knowē yt after that a man hath putte hymselfe to any inqueste the whiche muste passe in suche [Page 25] wryttes / he shall haue but one essoyne or defaute / so that if he come not at the day gyuē to hym by ye essoyne / or make defaute the secounde daye / then the in­queste shalbe taken by his defaute / and accordyng to the inquest they shall pro­cede to iudgement. And if suche inquest be taken in the shyre before the sheryf or coroner it shalbe sente vnto the kynges iustyces at a certayne day / and if the partye defendāt come not at that day then through his defaute another day shalbe assygned to hym after the dyscrecyon of the iustyces / and it shalbe commaunded to the sheryf that he cause hym to come to here the iudgement (if he wyll) accordyng to the inquest / at which daye if he come not through his defaute they shall procede to iudgement. In lyke maner it shalbe done if he come not at the day gyuen vnto hym by his essoyne.

¶ The .xiiii. Chapiter.

COncernyng chartours of exemp­cyon & lybertees that the purcha­sours shall not be impanelled in assyses / iuryes / and inquestes it is ꝓuyded that if theyr othes be so requisyte that with­out them iustyce can not be done as in great assyses / perambulacyons and in [Page] dedes or wrytynges of couenauntes where they be named for wytnesses / or in attayntes & in other cases lyke / they shalbe cōpelled to swere / sauyng to them at another tyme theyr foresayd lyberte and exempcyon.

¶ The .vii. Chapiter

IT shalbe lefull to no man frōhens­forthe for any maner of cause to take dystresses out of his fee / nor in the kynges hygh way nor in the comē strete but onely to the kyng or his offycers hauyng specyall aucroryte to do the same.

¶ The .xvi. Chapiter.

IF any heyre after the death of his auncetor be within age / and his lorde haue the warde of his landes and tenementes / if the lorde wyll not rendre vnto the heyre his land when he cometh to his full age without plee / the heyre shall recouer his lands by assyse of mort dauncetour with the damages that he hath sustayned by such witholding syns the tyme that he was of full age / and if any heyre all the tyme of his auncetors death be of full age and he his heyre apparaunt and knowen for heyre and be found in the inherytaūce / the chyef lord shall not put hym out / nor take / nor re­moue [Page 26] any thyng there / but shal take onely symple season therof / that he may be knowen for lorde. And if the chyef lorde do put such an heyre out of possessyō malyeyously wherby he is dryuen to pur­chase a wrytte of mortdauncetor or of cosynage / then he shall recouer his da­mages as in assyse of nouell dysseson.

Of heyres which hold of ye king in chief this order shalbe obserued that our soue▪ raygne lord the kyng shal haue the fyrst season of theyr landes / lyke as he was wont to haue before tyme / nor the heyre nor any other shall entre into the inhe­rytaunce before he hath receyued it out of the kynges handes / as the same inherytaunce was wonte to be taken out of his handes and his auncetors. And this must be vnderstandē of lan­des & fees the whiche were accustomed to be in the kynges handes by reason of knygh tes seruyce or ser [...]auntye or ryght of pa­tronage.

¶ The .xvii. Chap.

[Page]IT is prouyded that if lande holden in socage be in the kepynge of the frendes of the heyre / because the heyre is within age / the kepars shall make no waste / nor sale / nor any dystruccyon of the same inherytaunce / but sau [...]ely shall kepe it to the vse of the sayde heyre / so that when he comyth to his lawfull age they shall aunswere to hym of the issues of the sayde inherytaunce by a lawfull accounte / sauynge to the same kepars theyr reasonable costes / nor the sayd ke­pars shall nether gyue nor sell ye maryage of such an heyre / but to the aduauntage of the sayd heyre / but the next frendes whiche had his wardshyp (for all that tyme that wryttes of impledynge dyd not lye) shall haue suche wardshyp vnto the aduauntage of theyre as is sayd be­fore without waste / sale / or dystruccyon makyng.

¶ The .xviii. Chapiter

NO eschetour or iquysitor or iustyce specyall assygned to take assyses or to here & determyne matters from hens­forth shall haue power to amerce for de­faute of comon somons / but the chyef iustyces or the iustyces [...]rrant in theyr iourneys.

¶ The .xix. Capittell.

[Page 27]FOr essoynes it is prouyded that in shyre courtes / hundredes / courte barons / or in other courtes none shall nede to swere to warrante his essoyne.

¶ The .xx. Chapiter.

NOne from hensforthe (excepte our soueraygne lorde the kynge) shall holde in his courte any plee of false iudgement gyuen in his courte by his te­nauntes / for such plees specyally belong to the crowne and dignyte of our soue raygne lorde the kyng▪

¶ The .xxi. cha.

IT is prouyded also that if the bes­tes of any man be taken and wrōgfully witholden / the sheryf after complaynt made to hym therupon may de­lyuer thē without let or gaynsayenge of hym that toke the bestes if they were taken without his lybertees / and if the bestes were taken within any lybertees and the baylyffes of the lyberte w [...]l not delyuer them / then the sheryf for defaute of those bayllyffes shall cause them to be delyuered.

¶ The .xxii. Chapiter

NOne frōhensforth shall dystrayne his freholders to a [...]swer for theyr freholde nor for any thynge touchynge theyr frehold without the kyngꝭ wrytte / nor shall cause his freholders to swere [Page] agaynst theyr wylles / for no man ought to do that without the kynges commaū dement.

¶ The .xxiii. Capitter.

IT is prouyded also that if bayl­lyffes which ought to make accoūt to theyr lordes / do withdrawe themsel­ues and haue no landes nor tenementes wherby they maye be dystrayned / then they shalbe attached by theyr bodyes so that the sheryf in whose baylewyke they be found shal cause them to cum to make theyr accounte. Also fermers durynge theyr termꝭ shal not make waste sale nor dystruccyō of houses / woodes / and men / nor of any thynges belongyng to the tenementes that they haue to ferme / with out specyall lycense had by wrytyng of couenaunt makyng mencyon that they maye do it / and if they do and therof be conuycte they shall yelde full damages / and be amerced greuously.

¶ The .xxiiii. Chapiter

THe iustyces errant shall not from­hensforth amerce towneshypes in theyr circuytes / because all beynge .xii. yeres olde came not afore the sheryffes & coroners to make inquery of robberyes burnynges of houses / & other thynges [Page 28] pertaynyng to the corown / so that there come suffycient out of those townes to make such inquestes fully / except inque­stes for the death of a man / where [...] all beyng .xii. yeres of age ought to app [...]ere oneles they haue reasonable cause of absence.

¶ The .xxv. Chapiter

MUrdre that chaunceth by mysfor­tune onely / fromhensforthe shall not be inquered afore our iustyces / but only for ye murders of such as be slayne felonously / and not otherwyse.

¶ The .xxvi. Chapiter.

IT is prouyded that none beynge vouched to warrantye before our iustyc [...]s in a plee of lande shalbe amer­ced fromhensforthe because he was not present when he was called to warran­tye / except the fyrst daye of the comyng of the iustyces / but if he were vouched within the shyre / then the sheryf shalbe commaunded to cause hym to com with in the .iii. or .iiii. daye accordynge to the dystaunce of the place as it was wonte to be done in the circuyte of the iustyces. And if he dwell without the shyre / then he shall haue reasonable somons of .xv. dayes at the least after the dyscrecyon of the iustyces and the comen lawe.

¶ The .xxvii. Chapitre.

IF a clerke for any cryme or offence touchyng the crowne be arrested / [...] afterwarde by the kynges commaundement let to bayle or repleuyzed / so that they to whome he was let to bayle shold haue hym before our iustyces. The sure tyes fromhensforth nor they to whome he was let to bayle shall not be amerced / if they haue his body before our iustyces although he wyl not nor cā not aūswer before them by reason of clerkes pryuy­lege.

¶ The .xxviii. Chapiter.

IT is prouyded that if any depredacyons or extorcions be done to ab­bottes or other prelates of the churche / and they haue suyd theyr ryght for such extorcyōs / and be preuented with death before iudgemēt gyuen therin / theyr successours shall haue accyons to recouer the goodes of theyr churche out of the hādes of such trespasers. Moreouer the successours shall haue lyke accyon for such thynges as were lately withdrawē by suche vyolence from theyr house and churche before the death of theyr prede­cessours / though the sayde predecessors dyd not pursue theyr ryght during theyr lyues. And if any abate into the landes [Page 29] or tenementes of such relygyous men in tyme of vacacyō / of which landes theyr predecessours dyed sesyd as in the ryght of theyr church / ye successours shal haue a wrytte to recouer theyr season. And damages shall be awarded them as in as­syse of nouell dysseson is wont to be.

¶ The .xxix. Chapiter.

IT is prouyded also that if suche alyenacyons (wherupon a wrytte of entre was wont to be graunted) hap to be made in so many degrees that by reason therof the same wrytte can not be made in ye fourme before tymes vsed the playntyfes shall haue a wrytte to recouer theyr season without makyng mē cion of the degrees. In whose handes so euer the same thyng shal happen to com by such alyenacyon / and that by an ory­gynall wrytte to be prouyded therfore by the counsell of our soueraygne lorde the kynge.

¶ Here endeth the statute of Marlebrygge.

¶ Here begynneth the fyrste statute of westmynster made the .iii. yere of kynge Edwarde the fyrste.

[Page]THese be the actes of kynge Ed­warde sone to kynge Henry made at westmynster at his fyrst parlyament generall after his coronacion the mon­daye of Easter vtas the .iii. yere of his raygne by the counsell & assence of arche byshops / byshops / abbottes / pryours / er­les / barons / and all the comynalte of the realme beyng thyther somoned / because our soueraygne lord the kyng had great wyll and desyre to redresse thestate of the realme in such thynges as required amē dement for the common profyte of holy churche and of the realme. And because thestate of holy churche had ben euyll kepte / & the prelates and relygyous per­sones of the lande greuyd many wayes / and the people otherwyse intreated then they ought to be / and the peas les kept / and the lawes [...]es vsed / and ye offenders vnponyshed / wherby the people of the realme feared the les to offend / the kyng hath ordeyned and establyshed these actes vnderwrytten which he en­tendeth to be necessarye and profytable vnto the hole realme.

¶ The fyrst Cha­piter.

[Page 30] FIrste the kynge wylleth & cōmaūdeth that the peas of holy churche and of the lande be wel kept & mayntenyd in all poyntes. And that comon ryght be done to all aswell pore as ryche without res­pecte of persones. And because that ab­bottes and relygyous men of the lande haue ben ouercharged and sore greuyd by the comyng of great men and other / so that theyr goodes haue not ben suffy­cyent for themselues wherby they haue ben greatly hyndered and empoueryshed that they can not maynteyne themsel­ues nor suche charyte as they haue ben accustomed to do.

It is prouyded that none shall come to eate or lodge in any house of relygion that is not of his owne foundacion at the costes of the house without he be re­quyred by the gouernour of the house before he came thyther. And that none at his owne costes shall come in there to lye agaynst the wyll of them yt be of the house / and by this statute the kynge en­tendyth not that the grace of hospytaly te shuld be withdrawen frō such as nede [Page] nor that the foūders or patrones of such monasteryes shold ouer charge or greue them by to often comyng. It is prouy­ded also that none neyther hygher nor lower by colour of patent specyalte or other promyse / nor by any other occa­syon / shall not hunte in any parke / nor fyshe in any ponde or ryuer / nor come to ete or to lodge in the house or maner of a pre [...]are / or any other religyous person agaynst the wyll of the lorde or his bayllyfe / neyther at the costes of the lorde / nor at his owne. And if he come in or entre with the good wyll or agaynste the wyll of the lorde or bayllyffe he shall cause no dore / locke / nor wyndow / nor no maner of place to be opened / nor shal not fyshe hymselfe nor none other for hym / nor shall take no maner of vytayll or other thynge by colour of byeng nor otherwyse / and that none shall throsh corne / nor take corne / or any maner of vytayl / nor other goodes of prelate / mā of religyon / or any other clerke or laye person by colour of byeng nor otherwyse agaynste the wyll and lycense of hym to whome the thyng belongeth / nor of any wardeyn within a towne merchaunt or without. And that none shal take horses [Page 31] oxen / ploughes / cartes / shypps / nor bar­ges to make caryage without the assent of hym to whome such thynges belong. And if 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 shalbe commyt­ted to pryson / and after shalbe raunso­med and ponyshed accordyng to the quā tyte and maner of the trespas and after as the kyng in his court shall thynke cō uenient. And it is to be knowen that if they to whome suche trespas was made wyll sue for damages they shalbe therto receyued and awarded and be restored to the double. And they that haue done the trespas shalbe 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 commaū 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 & conueniēt. And they that be indyted by such inquestes shalbe attached & dystrayned by the great dystresse to come at a cer­tayne day cōteynyng the space of a mo­neth [Page] in ye kynges court or where it shal please the kyng. And if they come not at that daye they shalbe 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 shalbe iudged as attaynted / & shall yelde double damages (at the kyn­ges sute) to such as haue taken hurte or damage and shalbe greuously raūsomed 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 ye church or any other because they haue denyed me [...]e or lod­gyng vnto them or because that any cō ­playneth in the kynges courte that he hath ben greuyd in any of the thynges aboue mēcyoned. And if any do & therof be attaynted / he shall incurre the payne aforesayd / & it is ꝓuyded yt the poyntes afore sayd shall aswell bynd out counsel­lours / iustyces of forestes / and other ou [...] 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 [Page 32] 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) shalbe 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 shalbe 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 [Page] and peas of the realme / that they which be indyted of suche offences by solemp [...]e inqueste of lawfull men in the kynges courte / in no maner shall be delyuered without due purgacyō / 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 ye sheryf nor by none other for escape of a thefe or a felō 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 ye see it is agreyd / that where a mā a dogge or a catte eskape quycke out of the shyp / that suche shyppe nor barge nor any thyng within thē shalbe adiudged wrek but the goodes shalbe 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 [Page 33] they were his / or peryshed in his kepyng within a yere and a daye / they shalbe 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 ye wrek belōging to the kyng / and where wrek belongeth to an other then to ye kyng he shal haue it in lyke maner. And he that otherwyse doyth & therof be attaynted shalbe 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 ye kyng cōmaūdeth vpō 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 [Page] 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 o [...] 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 agremēt to be made with [...] .xl. dayes / if it be not an auneyēt pryse due to the kynge / or to the castell / or to the lorde of the castell.

¶ The .viii. Chapitre.

ANd yt 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 [Page 34] 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 fraūchyses 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 fraunchyse the kynge shall take the same fraunchyse to hymseife. And if defaute be in the bayllyffe he shall haue one yeres imprysenmēt / and after shalbe greuously raunsomed. And if he haue not wherof / he shall haue impry­sonment of two yeres. And if the sheryf / coroner / or any other baylyf within such fraunchyse or without for reward or for prayer / or for any maner of affynyte concele consent / or procure to concele suche felonyes done in theyr lybertes / or other wyse wyll not attache nor arreste suche felons there as they maye / or otherwyse wyll not do theyr offyce for sauour borne to such mysdoers / and be attaynted ther of / they shall haue one yeres impryson­mēt / and after make greuous fyne. And if they haue not wherof to be raūsomed / then for to haue imprysonment of .iii. yeres.

¶ The .x. Chapiter

[Page]ANd for asmoch as meane persons & vndyscrete nowe of late at comē ly chosen to the offyce of coroners where it is requysite that wyse men lawfull & able shuld occupy such offyces. It is prouyded that through all s [...]yres suffycyent men shalbe chosen to be coroners of the most wyse and dyscrete knyghtes which knowe and may best attend vpon suche offyces / and which lawfully shal attache and present plees of the corone. And that sheryffes shall haue countrepanes with the crowners aswell of appealles as of inquestes of attachementes & of other thynges which to that offyce do belonge And that no crowner demaūd no thyng nor take no thynge of any man to do his offyce vpon payne of great forfayture to the kynge.

¶ The .xi. Chapiter.

ANd for asmuch as many beyng in dyted of murdre & culpable of the same by fauourable inquestes taken by the seryf and by the kynges wrytte of odio et alia / be repleuysed vnto the co­mynge of the iustyces errauntes. It is prouyded that from hensforth suche in­questes be taken by lawfull men and tryed by othe / of whem two at the lea [...] shalbe knyghtes whiche by no affynyt [...] [Page 35] towchyng the prysoners nor otherwyse are to be suspected.

¶ The .xii. Cha.

IT is prouyded also that comen fe­lons and whiche openly be of cuyll name / and wyll not putte themselues in enquestes of felonyes / that men shall attayne them before the iustyces at the kynges sute / and shall haue stronge and harde imprysonment / as they which re­fuse to be iustefyed by the comen lawe of the lande / but this is not to be vnderstanden of suche prysoners as be taken vpon lyght suspeccyon.

¶ The .xiii. Chap.

ANd the king prohybyteth yt none shall rauyshe nor take awaye by force any mayden within age nother by her owne consent nor without / nor any lady / or maydē of full age / nor any other woman agaynst her wyl / and if any do / at his sure that wyl sue within .xl. dayes the kynge shall do comen ryght / and if none comence his sure within .xl. dayes the kyng shall sue. And such as be found [...]ulpable shall haue two yeres impryson ment / and after shalbe raunsomed at the kynges pleasure. And if they haue not wherof / they shall be ponyshed by [...]nger imprysonment accordyngly and as the [...]espas requyreth.

¶ The .xiiii. Chap.

[Page]ANd for asmuche as it [...]athe ben vsed in some countres to outlawe men beyng appealed of comaundement force ayde and tesceyt in as shorte tyme as he that is appealed for the dede / is outlawed. It is prouyded & commaūded by the kyng that none be outlawed vpō appealle of commaundement force ayde or resceyt / vntyll he that is appealled of the dede be attaynted / so that one lyke lawe be vsed therin thorough all the re­alme / neuertheles he that wyll appealle shall not by reason of this intermytte or leue to comence his appeall at the ne [...]te countye day against them / no more then agaynste theyr pryncypalles / whiche be appealled of the dede / but theyr e [...]gent shall remayne / vntyll such as be appeal­led of the dede be attaynted by outlarye or otherwyse.

¶ The .xv. Chapiter.

ANd for asmuche as sheryffes and other which haue taken and kept in pryson persons indyted of felony and incontynēt haue let them out by pleuyn which were not repleuysable / and haue kept in pryson suche as were repleuysae bic because they wolde wynne of the one partye and greue the other. And for as­much as before this tyme it was not d­termyned what persones were repleuy­sable and which not / but onely for them [Page 36] that were taken for the death of a man / or by commaundement of the kyng or of his tustyces / or for the forest. It is puy­ded and by the kyng commaunded that such prysoners as before were outlawed and they which haue abiured the realme prouors & such as be taken with the manour / & such as haue broken the kynges pryson / theues openly defamed & knowē & such as be appelled by prouors so long as the prouours be alyue (if they be not of good name) & such as be takē for house burnyng felonously done / or for false money / or for coūterfettyng ye kyngꝭ seale / or persons excōmunicate takē at the re­quest of the byshop or for manyfest osfen dets or for treason touchyng the kyng / shalbe in no wyse repleuysable by wryt / nor without wrytte. But such as be indyted of bryborye by enq̄stes takē afore she ryffes or bayllyffes by theyr offyce / or for lyght suspecciō / or for pety brybory yt a­mountyth not aboue ye value of .xii. d. if they were not gylte of som other brybory afore tyme or gylte of receyte of theues / or felons / or of commandemēt / or force / or of ayde in felonye done / or gylte of some other trespas for which one ought not to lese lyfe nor membre / & a man appealled by a ꝓuour after ye death of ye prouour (if he be no comen thefe nor defamed) [Page] shall from hensforth be let out by suffy­cyent suretye / wherof the sheryf wylbe aunswerable / and that without gyueng awght of theyr goodes. And if the she­ryfe or any other let any go at large by suretye that is not repleuysable / if he be sheryf or constable / or any other bayllyf of fee whiche hath kepynge of prysons / and therof be attaymed / he shall lese his fee and bayleshyp for euer. And if the vndersheryf / constable / or bayllyf of such as haue fee for kepyng of prysons do it contrarye to the wyll of his lorde / or any other bayllyf beyng not of fee / they shal haue .iii. yeres unprysonment / & be raun somed at ye kynges pleasure. And if any witholde prysoners repleuysable / after that they haue offered suffycyent suretye he shall paye a greuous amereyment to the kynge. And if he take any rewarde for the delyueraunce of suche / he shall paye it double to the prysoner / and also shall paye a greuous amereyment to the kynge.

¶ The .xvi. Chapitre.

IN tyght of that dyuers persones take and cause to be taken the bes­tes of other / chasynge them out of the shyre where the bestes were taken. It is prouyded that none from hensforthe do [Page] so / & if any do / he shalbe greuously raun­somed / as is conceyned in the stature of Marlebrygge made in the tyme of kyng Henry father to the kyng that nowe is. And lykewyse it shalbe dou to thē which take bestes wrongfully / & that dystrayne out of theyr fee / & shalbe more greuously ponyshed / if the maner of the trespas do so requyre.

¶ The .xvii. Chapitre.

IT is prouyded also that if any frō hensforth take the beastes of other and dryue them into a castell or fortre [...]e and there within the close of such castell or fortresse doo witholde them agaynste gages and pledges / wherupon the bea­stes be solempnly demaunded by the she­ryf / or by some other bayllyf of the kyn­ges at the sute of the playntyf / the sheryf or bayllyf takyng with hym the power of his shyre or baylewyke shall assaye to make pleuyn of the beastes to hym that toke them or to his lord / or to other beynge seruauntes of the lorde / what so euer they be that are founde in the place wherunto the beastes were enchased / & if any deforce hym of the delyueraunce of the beastes / or that no man be founde for the lorde / or for hym that toke them for to aunswer & make the delyueraūce. [Page] After that the lorde or taker shalbe ad­mouyshed to make delyueraunce by the sheryf or bayllyf / if he be in the countre / or nere / or there where he may be conue­nyently warned by the taker / or by any other of his to make delyueraunce / if he were out of the coūtre when the takyng was / and dyd not cause the beastes to be delyuered incontynent. Then the kynge for the trespas and despyte shall cause the sayde castell or fortres to be beaten downe without recouere. And all the damages that the plaintyf hath sustayned in his beastes / or in his gaynure or any other wyse after the fyrst demaūde made by the sheryf or ba [...]lyf for ye beastes shal be restored to hym double by the lorde or by hym that toke the beastes / if he haue wherof / and if he haue not wherof / he shall haue it of the lord at what tyme or in what maner the delyueraūce be made after that the sheryf or bayllyf shall com to make delyueraunce. And it is to wyte that where the sheryf ought to retourne the kynges wrytte to the bayllyf of the lorde of the [...] or fortres / or to any other to whom the retourne belongeth / if the bayllyf of the fraunchyse wyll not make delyueraunce after that the sheryf [Page 38] hath made his retourne vnto hym / then shall the sheryf execute and do his offyce without further delaye / & vpon the fore­sayd payne notwithstandyng any suche lyberte. And if that be done in the mar­ches of wales or ī any other place where the kynges wryttes be not currant / the kynge whiche is chyef and soueraygne lord ouer all / shal do ryght therin to such as wyll complayne.

¶ The .xviii. Cha­pitre.

FOr asmuch as the comen fyne and amercymēt of ye hole coūtye ī eyre of the iustyces for false iudgementes / or for other trespasses is vniustly assessed by sheryfes and extorcyoners in the shy­res so that the summe is many tymes in creasyd / and the parcelles otherwyse as­sessed then they ought to be / to the damage of the people / whiche be manye ty­mes payed to the sheryfes and extorc [...]oners / which do not acquyte the payers. It is prouyded and the kynge wyll that from hens forth suche summes shalbe as­sessed before the iustyces in eyre afore theyr departure / by the othe of knygh­tes and other lawfull men vpon all such as ought to paye.

[Page]And the iustyces shall cause the parcelles to be put in theyr estretes which shal be delyuered vp in [...] theschequer / & not the hole summe.

¶ The xix. Chapitre.

IN ryght of sheryff or other which aunswer by theyr owne handes vn to the eschequer / and whiche haue receyued of the kynges fathers dettes / or the kynges owne dettes before this lyme / & haue not acquyted the dettours in the eschequer. It is prouyded that the kyng shall sende good & lawfull men through euery shyre to here all such as wyll com­playne therof / and so to end the matters there / that all such as can proue yt they haue payed shalbe therof acquyted for euer / which whyther ye sheryfs or other be lyuyng or dead shall haue restitucy on of theyr owne in a certayn fourme. And suche as haue not so done (if they be ly­nyng) shalbe greuously ponyshed. And if they be dead theyr heyres shall be char­ged with the de [...]. And the kynge hath commaunded tha [...] sheryfs & other afore sayde shall fromhensforthe lawfully acqu [...] [...]he de [...]tours at the nert accounte after they [...] such dettes / and then the dette shalbe allowed in thesche­quer so that now it shall not com in the [Page 39] somons. And if the sheryf otherwyse do and therof be attaynted / he shall pay to the playntyf thryse asm [...]che as he hath receyued & be raunsomed at the kynges plesure. And let euery sheryf take hede yt he haue a receyuour for whō he wyl aunswer for the kyng wylbe a [...]swered for al of the sheryfs & theyr heyres. And if any other that is aunswerable to the shequer by his owne handes so do / he shall yelde thryse so moch to the playntyf & be raun somed in lyke maner. And that the she­ryffes shall make taylles to all suche as haue payed theyr dette to the kyng / and that the somōs of theschequer be shewed to all dettours that demaunde a lyght therof without denyeng to any / and that without takyng any money or reward / and he that doyth contrarye / shalbe gre­uously ponyshed by the kynge.

¶ The .xx. Chapitre.

IT is prouyded also for trespassers in parkes and warrēs that if any be therof attaymed at the sute of the partye / great & large amendis shalbe awar­ded accordynge to the trespas / and .iii. peres imprysonment / and after shalbe [...]aunsomed at th [...] kynges pleasure (if he haue wherof) and then shall fynde good [Page] suretye that after he shall not commytte lyke trespas. And if he haue not wherof to be raunsomed after .iii. yeres impry­sonment he shall fynde lyke suretye / and if he can not fynde suretye he shal ab [...]ure the realme. And if any such trespasser be fugytyf and haue no lande nor tenement suffycyent wherby he maye be iustefyed so sone as the kynge shall fynde it by in quest he shalbe demaunded from shyre to shyre / and if he come not he shall be out lawed. It is prouyded also that if none do sue within a yere and a daye for the trespas done / the kyng shal haue the sute And suche as be founde gylte therof by lawfull inquest shalbe ponyshed by lyke maner in all poyntes as aboue is sayd. And if any such trespasour be attaynted that he hath takē beastes deare or other thyng in his parkes by maner of robborye in comyng taryeng or retournyng▪ let the comen lawe be executed vpō hym as if he were attaynted of open theft and robborye aswell at the sute of the kynge as of the partye.

¶ The .xxi. Chapt.

IN ryght of lādes of heyres beyng within age and in warde of theyr lordes. It is prouyded that ye wardeyns shal kepe & sustayne the landes without [Page 40] dystroyeng any thyng. And that of such maner of wardes shalbe done in all poyntes as is cōteyned in the great chartoue of lybertes made in the tyme of kynge Henry father of the kyng that nowe is / & that it be so vsed from hensforth. And lykewyse shalbe done of wardes of arche byshoprykes byshoprykes / abbacyes / churches / and all spirituall dygnytes in tyme of vacacyon.

¶ The. xrii. Chap.

OF heyres maryed within age a­gaynst ye wyl of theyr kepars afore that they be paste thage of .xiiii. yeres / it shalbe done accordyng as it is conteyned in the statute of Merton. And of them whiche shalbe maryed agaynst the wyll of theyr kepars after they be past thage of▪ xiiii. yeres / the kepar shall haue the double value of theyr maryage after the teuour of the same acte. Moreouer such as haue withdrawen theyr maryage shal pay the full value therof vnto theyr kepar for the trespas / and neuertheles the kynge shall haue lyke amendes ac­cordyng to the same acte / of hym that so hath withdrawen. And of heyres fe­mals after they haue accomplyshed the age of .xiiii. yeres / and the lorde to whom the maryage belongyth wyl not [Page] marye them but for coue [...]yse of the land wyll kepe them vnmaryed. It is prouyded that the lord shall not haue nor kepe by reason of maryage the landes of such heyres femals more then two yeres af­ter the terme of the sayd .xiiii. yeres / and if the lord within the sayd two yeres do not marye them / then shall they haue accyō to recouer theyr inherytaūce qwyte without gyuenge any thynge for theyr wardshyp or theyr maryage. And if they of malyce or by euyll counsell wyll not be maryed by theyr chyef lordes (where they shall not be dysparaged) then theyr lordes may holde theyr lande and inhe­rytaūce / vntyll they haue accomplyshed thage of an heyre male that is to wyte .xxi. yeres / and further vntyll they haue taken the value of the maryage.

¶ The .xxiii. Chapitre.

IT is prouyded also that in no cyte / borugh / towne / market / nor fayre / there be no foreyn persone (beyng of the realme) dystrayned for any dette / wher­of he is not dettour or pledge / & he that doyth it / shalbe greuously ponyshed with out delaye / and the dystres shalbe delyuered to hym by the bayllyffes of the place or by the kynges bayllyffes / if nede be▪

¶ The .xxiiii. Chapitre.

[Page 41]IT is prouyded also that no esche­tour / sheryf / nor other baylyf of the kyng by colour of his offyce without specyall warraunte or commaundement / or authoryte certayne pertay [...]ynge to his offyce / dyssese no man of his srehold / nor of any thyng belongyng to his [...]rehold. And if any do / it shalbe at the elecc [...]on of the dyssesye / whyther that the kyng by offyce shall cause it to be amended at his complaynte / or that he wyll sue the co­men lawe by an assyse of nouell dy [...]ieson and he that is attaynted therof shal pay double damages to the playntyte / & shal be greuously amerced vnto the kynge.

¶ The .xxv. Chapiter.

NO offycer of the kynges shal maynteyne by themselues nor by other / plees / sutes / or matters / hangyng in the kynges court for landes / tenementes / or other thynges / for to haue parte or pro­fytte therof by couenaunt made betwen them / & he that doyth shalbe ponyshed at the kynges pleasure.

¶ The .xxvi. Chapitre.

ANd that no sheryffe nor other the kynges offycer take any rewarde to do his offyce / but shalbe payed of that they take of the kynge / and he that [...]o [Page] doyth shall ye [...]de [...]wyfe somuche / & shall be ponyshed at the kynges pleasure.

¶ The .xxvii. Chapiter.

HAd that no clerke of any iustyce / eschetour / or inquysit our shal take any thyng for deliueryng chap [...]tes but onely clerkes of iustyces errant in theyr cyrcuyte which shal take .ii. s. & no more of euery wapentake hundred or towne that aunsweryth by .xii. or by .vi. accor­dyng as the amercyment hath ben vsed and he that doyth contrarye shall paye thryse somuche as he hath taken & shall lose the seruyce of his mayster for one yere.

¶ The .xxviii. Chapiter.

HAd that none of the kynges cler­kes n [...] of any iustyce from hens­forth shall r [...]e the presētment of any church for [...] which any plee or debate is in the kynges cour [...]e without specyal by [...] of th [...] kynge and that the kynge for [...] to lese the church and his [...] and that no clerk of any [...] o [...] [...]yf take [...]a [...]e in any qua­relles or [...] in the kynges courte / nor make nor cause comen ryght to be [Page 41] delayed or dystourbed / and if any so do / be shalbe ponyshed by the payne afore sayd / or more greuously if the trespas so requyre.

¶ The .xxix. Capiter.

IT is prouyded also that if any ser­uaunt pleder or other do any maner of dysceyt or collusyon in the kynges courte / or consent to do it in derogacion of the court / or to begyle the court or the partye / and therof be attaynted / he shall be impryson [...]d for a yere and a day / and frōthensforth shall not be herd to ple [...]e in that courte for any man. And if he be no pleder / he shalbe imprysoned in lyke maner by the space of a yere and a daye at the least. And if the trespas requyre greater ponyshment it shalbe at the kynges pleasure / and for asmuche as many complayne themselues of the ser [...]aūtes / cryours of fee and the marshal [...]es of iu­sty [...]es in cyre takyng money wrongful­ly of suche as recouer season of lande / or of them that optayne theyr matters of that leuye fynes / and of iurours / townes prysoners / and of other attached vpon plees of the crowne / otherwyse then they ought to do in dyuers maners. [Page] And for asmuche as there is a greatter noumbre of them then there ought to be wherby the people are so greued / the kyng commaundeth that such thynges be no more done fromhensforth. And if any seriaunte of fee do it / his offyce shal­be taken into the kynges handes / and if any of the iustyces marshals do it / they shalbe greuously ponyshed at the kynges pleasure / and aswell the tone as the to­ther shall paye to all playntyfes the tre­ble value of that they haue receyued in suche maner.

¶ The .xxx. Chap.

OF suche as take outrageous tolles agaynste the comen custome of the realme in market townes. It is prouy­ded that if any do so in the kynges tow­nes that is bayllyf in fee ferme / ye kyng shal sese into his owne hād the fredom of the market. And if it be an other towne / and it be done by the lorde of the towne / the kyng shall do in lyke maner / and if it be done by a bayllyf without commaundement of his lorde / he shall restore to the playntyf asmoche more for the outra­geous takynge as he had of hym if he had caryed his toll / and shall haue .xl. dayes imprysonment / of cytezyns or but gesses to whome the kyng or his father [Page 43] hath graunted 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 shalbe greuously amerced vn­to the kynge.

¶ The .xxxi. Chapiter.

OF suche as take vytayll or other thynges to the kynges vse vpon [...]redence / or to the garryson of a castell / or otherwyse / and when they haue receyued theyr payment in the eschequer / ga [...] d [...]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 shalbe leuyed of theyr landes or of theyr goodes & payed vnto the creditours with the damages that they haue sustayned / & shalbe 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 [Page] horse or cartes for the kynges caryage more th [...]n is nede and take rewardes to let suche horse or ca [...]s to go. It is pro­uyded that if any of the courte so do / he shalbe 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 attayn [...]ed / he shall pay treble damages and shall remayne in the hynges pryson. x [...]. dayes.

¶ The .xxxii. Chap.

[...]T is pro [...]yded that no she [...]yf d [...] suffer a [...]y [...]tours or maynt [...] ­no [...]s of quarels theyr shye [...]s / neyther [...] of great lordes nor other ou [...] [...] be [...] for his lord to make [...] nor to [...] iudgementes in the [...] [...]s nor to pronounce the iudgemen [...]es / i [...] be not sp [...]cyally requyred [...] prayed of all [...] and a [...]torneys of the [...] which shalbe at the courte and if an [...] do the [...] shall ponyshe hym greuously for [...] and hymselfe.

¶ The .xxxiii. Chapitre.

FOr asmuche as many haue often tymes [...]old [...] newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen b [...]twen the kynge & his people or great men of this realme / for the damage that hath & maye therof [Page 44] ensue / it is comaunded that from hens­forth none be so hardy to tell or publyshe any false newes or sa [...]es wherby discord or [...]cc [...]syon or dyscord or sklaunder may g [...]w [...] betwen the kyng and his people [...] or the great m [...]n of the realme / and he that [...] kept in pryson / vntyll he be brought in [...] the court which was fyrst au [...]or of the [...]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 co [...]ynce o [...]s [...]t / or by theyr owne authoryte / attache other passynge by the waye wi [...]h theyr goodes compellynge them to aunswere afore them vpō cōtractes couenaūtes & 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 ye people It is prouyded that none from hensforth so do / and if any [...]o he shall pay to hym that by this occasyon shalbe a [...]ta­ched his damages double and shalbe greuously amerced to the kynge.

¶ The .xxxv. Chapiter.

[Page]FOrasmuch as before this tyme reasonable ayde to make a mānes 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 ꝓuyded 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 shalbe made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it. And if it happen that the father whē he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shalbe bound to the doughter for asmuche as the father receyued for the ayde. And if the fathers goodes be not suffycyent his heyre shalbe charged therwith vnto his doughter.

¶ The .xxxvi. Chapitre.

[Page 45]IT is ꝓuyded also and agreyd that if any mā 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 shalbe 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 shalbe [...]aunsomed / which whyther he be present or not (so it be presented) shall fyrst be awarded to pryson. And in lyke maner it shalbe 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.

[Page]ANd forasmuch as it is longe tyme passed syns the wryttes vnderna­med were lymytted. It is prouyded that in conuayeng a dys [...]ēt 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 [...]y [...] / haue theyr lym [...]tacyon from the coronacyon of the same kynge Henry and not before / but all wryttes purchased nowe by themselues or to be purchased betwē this and the feaste of sayncte Iohan for one yere complete shalbe pleded from as longe tyme as heretofore they haue ben vsed to be pleded.

¶ The .xxxix. Chapitre.

FOr asmuche as many folke are de [...]yed of theyr ryght by false vou­chyng to wa [...]rātye. It is prouyded that [Page 46] in wryttes of possession fyrste of all in a wrytte of mortdaunce [...]our / of cosynage▪ of [...]yell nu [...]er [...]but / of [...]ntrusyon & other lyke wryt [...]es wherby landes or [...]en [...]mentes whiche ought [...]o dyscend / reuer [...]e / remayne / or fal [...]e by the deathe or by the death of an aūcetour or otherwyse / that if the tenaunt vouch to warrantye / and the demaundaunt counterpledyth vnto hym / and wyll auerre by assyse or by the countre / or otherwyse as the co [...]tre wyll awarde / that the tenaunte or his auncetour (whose heyre he is) was the fyrste that entred after the deathe of hym / of whose season he demaundeth. The auer [...]ment of the dema [...]ndan [...] shalbe recey▪ued if the tenaunt therto wyll attend / & if not he shalbe further compelled to another aunswere / if he haue not his warrā tour presente that wyll warraunte hym frely and incontinent entre into the warrauntye sauyng to the demaundant his ex [...]cyons agaynste hym / if he wyll vouch further as he dyd before agaynst the fyrste tenaunt.

From hensforthe in all maner of wryt­tes of entre whiche make mencyon of degrees / none shall vouch out of the lyne / nor in other wryttes of entre where no [Page] menciō is made of degrees / which wryttes shall not be maynteyned but in cases where the other wryttes of degrees can not lye nor holde place. And in a wrytte of ryght it is ꝓuyded that if the tenaūt vouch to warrauntye / and the demaun­dant conterplede hym / and be redy to a­uerre by the coūtre that he that is vou­ched nor his auncetours had neuer sea­son of the land or tenement demaunded fee nor seruyce / by the handes of the te­naunt or his auncetours syns the tyme of hym on whose season the demaundāt declareth vntyll the tyme that ye wrytte was purchased and the ple moued wher by he myght haue infeffed the tenaunt or his auncetours. Then let the auerre­ment of the demaundaunt be receyued if the tenaunt therto wyll attend / & if no [...] the tenaunt shalbe further compelled to an other aunswere / if he be not present that wyll warraunte hym frely and in contynent entre in aunswer / sauynge to the demaundant his excepcyōs agaynst hym / as he had before agaynst the fyrst tenaunt / & the sayd excepcion shall haue placein a wrytte of mordauncetour / and in the other wryttes before named as­well as in wryttes that concerne ryght / [Page 47] and if percase the tenaunt haue a dede of warraūtye of another man that is boūd in none of these cases before mencyoned to the warrauntye of his elder degre / his recouerye by a wrytte of warrauntye of chartour out of the kynges chauncery shall be saued to hym / at what tyme so euer he wyll purchase it / howe be it the plee shall not be delayed therfore.

¶ The .xl. Chapitre.

FOr the othes of champions it is thus prouyded (because it seledom happeneth but that the champion of the demaundaunt is forsworne in that he swereth that he or his father saw the season of his lorde / or his auncetour / & that his father comaunded hym to deraygne the ryght) that fromhensforth the chā ­pyon of the demaundaunt shall not be compelled so to sweare. Neuertheles his othe shalbe kepte in all other poyntes.

¶ The .xli. Chapiter.

FOr asmuch as ī a wrytte of assyse attayntes / and iuris vtrum / the [...]urrours be often troubled by reason of the essoynes of tenauntes. It is prouy­ded that after he hath ons appered in ye courte that he shalbe no more essoyued / but shall make his attorney to sue for [Page] hym if he wyll / and if not / the assyse or iurye shalbe taken through his defaute.

¶ The .xlii. Chapitre.

FOr asmuche as demaundantes be [...] [...]ymes delayed of theyr ryght b [...]son [...] many parceners be tenā ­ [...]s of whiche none may be compelled to aunswer without ye other / or that there be manye ioyn [...]ly infelled where none knowyth his seuerall / and such tenaun­te [...] of [...] [...]mes fourth by es [...]oyne / so that euery of them hath a seuerall essoyne. It is prouyded that fromhensforthe suche tenaun [...]es shall not haue es [...]oyne but at one day no more then one sole tenaunte sheweth▪ [...] / [...]o that fromhensforth they shall no more fourche / but onely for to haue one e [...]oyne.

¶ The .xliii. Chapiter.

FOr as muche as dyuers persones cause themselues falsely to be es­s [...]ned (for beyng ouer the see) wherein [...] they were within ye realme the day o [...] [...]e [...]s. It is prouyded from hensforth that this es [...]oyne be not all tymes allowed / if the demaundant wyll chal­lenge it / and wyll be redy to auerr [...] that he was in Englande the daye of the so­mōs and .iii. wekes after / it shalbe a [...]ourned [Page 48] in this [...]ou [...]me / that if the demaun­dant be redy at a certayne day by auerremēt of the countre / or otherwyse as the courte shall awarde [...]o proue that the tenaunt was within the .iiii. sees the daye that he was somoned. and .iii. wekes af­ter / so that he myght be reasonably warned and so found / the essoyne shalbe [...]ourned into a defaute. And that is to be vn­derstanden onely before iustyces.

¶ The .xliiii. Chapitre.

COncernynge delayes in all maner of wryttes and attachementes it is thus prouyded / that if the tenaunt or defendaunt after the fyrst attachement recorded do make defau [...]e / that inconty­nent the great dystres shalbe awarded. And if the sheryf do not make suffycyent retourne by a certayne daye / he shall be greuously amerced / and if he retourne that he hath made execucyon in due maner / and the issues delyuered to the sure­tyes / then the sheryf shalbe comaunded that he retourne issues at another daye before the iustyces / and if the partye beynge attached come in at his daye to saue his defautes / he shall haue the issues / and if he come not the kynge shall [Page] And the kynges iustyces shall cause to be delyuered in the warderobe / and the iustyces of the benche at Westmynster shall delyuer hym in theschequer / and iu­styces in eyer to the sheryf of the shyre where they plede aswell of that shyre as of foreyn shyres / & shalbe charged ther­with in somōs by the rolles of iustyces.

¶ The .xlv. Chapitre.

IT is prouyded also and commaunded by the kynge that the iustyces of the kynges benche at Westmynster fromhensforth shall decyse all plees de­termynable at one daye before any mat­ter be arrayned or plee comēced the day folowyng / except yt theyr essoynes shall be entryd iudged and allowed / and by reason herof no mā shal absent hymselfe but shall come at the day to hym lymyt­ted.

¶ The .xlvi. Chapiter.

IT is prouyded also that if any frō hensforth purchase a wrytte of nouell dysseson and he agaynst whome the wrytte was brought as pryncypall dys­sesour dyeth before the assyse be passed / that then the heyre shal haue his wrytte of entre vpon dysseson against the heyre of the dyssesour or dyssesors of what age so euer they be / lykewyse the heyre or [Page 49] heyres of the dyssesye shall haue theyr wryttes agaynst the dyssesours or theyr heyres of what age so euer they be. And if peraduenture the dyssesye chaunce to dye before he hath purchased his wrytte so that for the nonages of the heyres of the one partye or the other / the wrytte be not abated nor the plee delayed / but for asmuch as he may without offēdyng the lawe / it must be hasted to make fresh sute after the dysseson. And in lyke ma­ner this ordre shalbe obserued in al poyntes for the ryght of prelates / men of re­lygion / and other / to whome landes nor tenementes can no wyse dyscende after others death / whyther they be dyssesyes or dyssesours. And if the partyes in ple­dyng come to the inquest / and it passeth agaynste the heyre within age / and na­mely agaynste the heyre of the dyssesye / then [...] such case he shal haue an attaynte of the kynges specyall grace.

¶ The .xlvii. Chapitre.

IF a wardeyn or chyef lorde infeffe any man of lande that is thynhe­rytaunce of a chylde within age and in his warde to the dysherytaunce of the heyre. It is prouyded that the heyre shal forth with recouer by assyse of nouel dys­seson [Page] agaynst his kepar and agaynst the tenant / and the seson shalbe delyuered by the iustyces (if it be recouered) to ye next frende of the heyre to whome the inherytaunce can not dyscende for to improue to the vse of the heyre / and to aunswere for the issues vnto ye heyre when he shal come to full age / and the kepar for his lyfe shall lese the custodye of the thynge recouered and all the inherytaunce that he holdeth by reason of the heyre / and if another wardeyn then the chyef lord do it / he shall lese the wardshyp of all to gy­ther / and be greuously ponyshed by the kyng. And if the enfaūt be caryed away or dystourbed by the wardeyn or by the feffee / or by other by reason wherof he can not sue his assyse / then maye one of his next frendes (that wyll) sue for hym which shalbe therto admytted.

¶ The .xlviii. Chapitre.

IN a wrytte of dower called (vnde nihil habet) the wrytte shall not abate by the excepcion of the tenaunt / because she hath receyued her dower of another man before the wrytte purcha­sed onles that he can shew that she hath receyued parte of her dower of hymselfe and in the same towne / before the wrytte [Page 50] purchased. And for asmuch as the kyng hath ordeyned these thynges to the ho­nour of god and holy church / and for the remedy of suche as be greued / he wolde not that any other tyme it shulde turne in preiudyce of hymself or of his crown / but that such ryghtes as appertayne to hym shulde be saued in all poyntes. And for asmuche as it is great charite to doo ryght vnto all men at all tymes (when nede shalbe) by the assent of all the prelates it was prouyded that assyses of no­uell dysseson / mortdauncetour / and dar­reyn presentment shulde be taken in ad­uente / septuagesme / and lente / euen as­well as a man maye take inquestes / and that at the specyall request of the kynge made to the byshops.

¶ Here endyth the fyrst sta­tute of westmynster.

¶ The statute of Gloucestre made the .vii. yere of kyng Edwarde the fyrste.

[Page] FOr the great myschyefes damages and dysherytaū ces that the people of this our realme of Englande haue heretofore suffered through defaute of ye law that fayled in dyuerse cases within our sayd realme Our soueraygne lorde the kyng for the amendemēt of the realme / for the releuyng of the people / and to es­chewe suche myschyefes / damages / and dysherytaunces / hath prouyded and establyshed these actes vnderwrytten / wyl­lyng and commaūdyng that fromhens­forthe they be fyrmely obserued within this realme.

¶ The fyrste Chapiter.

UUher as heretofore damages wee not awarded in assyses of nouell dysseson but onely agaynst ye dyssesors. It is prouyded that if the dyssesours do alyene the landes / and haue not wherof there may be damages leuyed / that they to whose handes such tenementes shall come shalbe charged with the damages so that euery one of them shalbe charged with the damages for his tyme. It is prouyded also that the dyssesye shall re­couer damages in a wrytte of entre [Page 51] grounded vpon dysseson agaynste hym that is founde tenaunt after the dysse­sour. It is prouyded also that where be­fore this tyme damages were not awarded in a plee of mortdauncetour but in case where lādes wer recouered agaynst chyef lordes / that fromhensforth damages shalbe awarded in all cases where a man recouereth by assyse of mortdaunce tour / as before is sayd in assyse of nouell dysseson / and lykewyse damages shalbe recouered in wryttes of cosynage / ayel / & besayell / and where as before tyme da­mages were not taxed / but to the value of the issues of the lande. It is prouyded that the demaundant shall recouer a­gaynst the tenaunt / his costes from the day of his wrytte purchased with the damages aboue sayde. And this acte shall holde place in all cases where the party is to recouer damages. And fromhensforth the partye shalbe compelled to pay damages where the lande is recouered agaynst hym for his owne intrusyon or other vnlawfull acte.

¶ The .ii. Cha.

IF a chyloe within age be holdē frō his inherytaunce afte the deathe of his father / graundfather or great graundfather / wherby he is dryuen to [Page] his wrytte / and his aduersarye comyng into the court / and for his aunswere al­ledgyth fesfemēt / or pledyth some other thynge / wherby the iustyces awarde an inquest / wheras before the inqueste was de [...]erred vnto the full age of thynfant / nowe the inquest shall passe aswell as if he were of full age.

¶ The .iii. Cha­pitre.

IT is establyshed also that if a man alyene any land that he holdeth by the lawe of Englande / his sonne shall not be barred by the dede of his father (from whome no herytage to hym dys­cended) to demaunde and recouer by wrytte of mort dauncetour of the season of his mother / although it be mēcyoned in the dede that his father dyd bynde hym and his heyres to warraūtye. And if the inheritaūce dyseend to hym of his fathers syde then he shall be barred for the value of the inheritaūce to hym dys­cended. And if in such case after ye death of his father / the inherytaunce dyscende to hym by the same father / then shall the heyre recouer agaynst hym of the season of his mother by a iudycyal wrytte that shall issue out of the rolles of the iusty­ces / [Page 52] before whom the plee was pleded to resomon his warrauntye as before hath be done in lyke cases / where the heyre of the warrauntour cometh into the court sayeng / that naught dyscēded from hym vpon whose dede he is vouched. And in lyke maner the issue of the sonne shall re­couer by wrytte of cosynage / ayell / and besayell. Lykewyse and in lyke maner the heyre of the wyfe shall not be barred after the death of his father and his mo­ther for to demaunde by accyon / the in­herytaunce of his mother by wrytte of entre / which his father dyd alyene in ye tyme of his mother / wherof no fyne is leuyed in the kynges court.

¶ The .iiii. Chapitre.

ALso if à man let his lande to ferme or to fynde estouers / in meate or in clothe / amountyng to the very value of the .iiii. parte of the lande / and he that holdeth the lande so charged lettys it lye freshe / so that the partye can fynde no dystres there by the space of .ii. or .iii. ye­res to compell the fermour to payment / or to do as is contayned in the wrytyng or leasse.

[Page]It is establyshed that after the two ye­res passed the lessour shall haue accyon to demanude the lande in demeane by a wrytte out of the chauncetye. And if he agaynst whom the lande is demaunded come before iudgement and paye the at­retages and the damages / & fynde sute­tye such as the courte shall thynke suffy▪cyent to paye fromhensforth as is con­tayned in the wryttynge of his lesse he shall kept the lande. And if he tarye vn­tyl it be recouered by iudgement / he shal be barred for euer after.

¶ The .v. Chapiter.

IT is prouyded also that a man frō hensforthe shall haue a wrytte of waste in the chaūcery agaynst hym that boldeth by the lawe of Englande / or otherwyse for terme of lyfe / or of yeres / or a woman that holdeth in dower. And who that is attaynted of waste shall lese the thynge wasted / and moreouer shall recompence thryse so much as the waste shalbe tared at / & for waste made in the tyme of wardshyp shalbe done as is contayned in the great chartour the seconde chapitre / yt is to saye that he which dyd waste durynge the wardshyp sholde lese the warde / it is agreyd that he shall recompence [Page 53] the heyre for the damages of the waste if so be that the wardshyp loste do not suffyse for the damages before the age of the heyre of the same warde.

¶ The .vi. Chapiter.

IT is prouyded also that if a man dye hauyng many heyres / of whō one is son or doughter / brother or suster nephew or nece / and the other be of a further degre / all the heyres shall reco­uer fromhensforth by a wrytte of mort­dauncetour.

¶ The .vii. Chapiter.

ALso if a woman sell or gyue in fee or for terme of lyfe suche lande / as she holdeth i dower. It is ordeyned that the heyre or he to whom the land ought to retourne after the death of suche wo­man shal immedyatly recouer by a wryt of entre in the chauncery.

¶ The .viii. Chapiter.

IT is prouyded also that sheryfes shall plede plees of trespas in theyr countyes as they haue ben accustomed to do / and that none frō hensforth shall haue wryttes of trespas before iustyces without he swere by his fayth that the goodes taken away were worth .xl. [...]. at the least. And if he complayne of betyng he shall swere by his fayth yt his playn [...] [Page] is true / of plees of mayhem a man shall haue his wrytte as before hath ben used And it is agreyd that the defendauntes in such plees shall make theyr attorneys where appeall lyeth not / so that if they be attaynted in the absence of the partye the sheryffe shalbe commaunded to take them / and shall haue lyke payne as the partyes shulde haue had / if they had ben present at the iudgem [...]nt gyuen. And if the playntyfes fromhensforthe in suche trespas cause themselfe to be essoyned after the fyrst appataunce day shalbe gy­uen them vnto the comyng of the iusty­ces errauntes / and the defendauntes in the meane tyme shalbe in peace in suche plees and other where as attachemētes and dystresses do lye. And if the defendāt [...]ssoy [...]e hymselfe of the kynges seruyce / and do not brynge his warraunte in / at the day gyuen hym by the essoyne. It is prouyded that he shall recompence the playntyf damages for his iourney .xx. [...] or more after the discrecyon of the iusty­ces / and at the leaste shalbe greuously amerced vnto the kynge.

¶ The .ix. Cha­piter.

[Page]IT is prouyded also that no wrytte shal fromhensforth issue out of the chauncery for the death of a man to in­quere whyther he were stayne by mys­fortune or in his defence / or otherwyse without felonye. And if he be in pryson before the comyng of the iustyces erraū ­tes / assygned to ye gayle delyuere & put­teth hymselfe before them for good and pll. And if it be foundē by the countre yt he dyd it in his defēce or by mysfortune / then the iustyces shall do the kynge to wyte therof / and the kynge shall take hym in his grace if it please hym. It is prouyded also that no appeal shalbe abated so sone as they haue ben / but if the appellour declare the dede the yere / the daye / the howre / the tyme of the kyng / & the towne / where the dede was done / & of whose arme he was slayne / the appeal shall stand in effect / and shall not be aba­ted for defaute of freshe sute wherby the partye shall sue within the yere and the daye after the dede done.

¶ The .x. Cha­piter.

UUhere as it is contayned in the statute of the kynge that nowe is / that two parcenexs / or two that holde in [Page] comen / maye not forche by essoyne after that they haue one tyme appeared in yt courte / it is prouyded that the same be obserued & aepte there where a man and his wyfe be impleded in ye kynges court

¶ The .xi. Chapitre.

IT is prouyded also that if a man lesse his landes for terme of yeres within the cyte of London / and he to whome the freholde belongeth causeth hymselfe to be impleded by collusy ō and maketh defaute after defaute / or cometh into the courte and gyueth it vp / for to make the termour lese his terme and the demaūdant optayneth the cause / so that the termour may recouer by wryt of co­uenaunt / the mayer / and the bayllyffes maye inquere by good vye we in the pre­sence of the termour and of the demaundant / whyther the demaundant moued his plee vpon good ryght that he had or by collusyon and fraude to make the termour lese his terme / and if it be founde by the inquest that the demaundant moued his plee vpō good ryght that he had the iudgement shalbe gyuen forth with / and if it be founde by inquest that he impleded hym by fraude to make the ter­mour lese his terme / then shall the ter­mour [Page 55] entdye his terme / and the execu­cyon of iudgement for the demaundant shalbe suspended vntyll the terme be ex­pyred. And in lyke maner it shall be of equyte before iustyces in such case / if the termour do challenge it afore the iudge­ment gyuen.

¶ The .xii. Chapitre

IT is prouyded also that if a man be impleded for lande in the same cyte / and doyth vouche a foreyne to warrauntye / he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they sur­ceasse in the matter that is before them by wrytte / vntyll the matter of warraū ­tye be determyned before the iustyces of the benche. And when the warrauntye shalbe ons determyned before the iusty­ces of the benche / then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee / and a wrytte shalbe awarded for the de­maūdāt by the iustyces vnto the mayer and sheryfes that they passe further vpō the plee. And if the demaundant recouer agaynste the tenaunt / the tenaunt shall come before the iustyces o▪ the benche [Page] 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 [...]o ye benche / & after it shalbe 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 shalbe obserued in other cyt [...]es / boroughes / & euery where through out the realme.

¶ The .xiiii. Chapitre.

THe kynge of his specyall grace graunteth vnto ye cytezyns of Lōdon that where as before tymes they yt were dyssesed of theyr freholde in the same cyte coude not recouer theyr dama­ges [Page 56] 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 ye dissesours shalbe amerced by ba­rons of the eschequer whiche shall re­sorte ones a yere into the cyte to do it. And it shalbe commaunded to the barōs and to ye 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 barōs 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.

¶ 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▪ damagꝭ shall [...]ūne 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 [Page 57] 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 tenaūt hath witholdē 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 shalbe vnderstanden in all cases (except it be of dowers and wardshyp) & of such wastes as were made syns the publyshyng of ye statute. And as concernyng them which do alyene theyr dowers it shalbe alway vnderstanden after the publyshynge of the statute.

¶ Here endyth the exposycyons vpō the statute of Gloucestre

¶ The secounde statute of west: mynster / made the .xiii. yere of kynge Edwarde the fyrste.

[Page] WHere as of late our soue­raygne lorde the kynge in the quynzieme of sayncte Iohan Baptyste the .vi. yere of his [...]eygne / cal­lyng to gyther the prela­tes / erles / barous / and his councell at Gloucestre / and cōsyderyng 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 oppressyōs 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 [Page 58] 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 begottē of the bodyes of yt same man and wyfe with suche condicion ex­pressed / if that the mā and his wyfe dye without heyres of theyr bodyes betwen them begotten / the lande so gyuen shuld reuerte to ye gyuer or his heyre. In case also where landes be gyuen in fre mariage which gyft hath a cōdicyon 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 / yt 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 gyuē vnder such condicyon / heretofore suche feffees had power to make alyenacyon of the lande so gyuen / and to dysheryte theyr issue / [Page] 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 repugnaūt to the fourme of the gyfte / wherfore our soueraygne lorde the kynge consyderyng how neces­sarye and expedyent it shulde be to pro­uyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the four­me expressed in the dede of gyfte shalbe obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen / but that it shall remayne vnto theyr issue af [...]er theyr deathe or shall re­uerte to the gyuer or his heyres (if issue fayle) so that there be no issue at all / or if any issue be and fayle by death / or heyre of t [...]e body of suche issue faylynge. Nor the s [...]coūd husband of such a womā shall fromhensforthe haue any thynge in the [Page 59] land so gyuē after the death of his wyfe by the lawe of Englande / nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce / but imme­dyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen / it shall retourne to theyr issue / or to the gyuer or his heyre as before is sayd. And forasmuch as in a newe case / newe remedy muste be prouyded / this maner of wrytte shalbe gyuen to hym that wyll purchase it. Precipe A. (quam) iuste &c. red­dat. B. tale manerium cum pertinen̄ (quam) C. dedit tali viro et tali mulieri et here­dibus de ipsis viro et muliere exeunt / vel (quam). C. dedit tali viro in liberum maritagium cum tali muliere / et (quam) post mor­tem predictor [...] viri et mulieris predicto B. filio corundem viri et mulieris descend [...]e debeat per formam donacionis pre­dicte vt dicit / [...]el quod. C. dedit tali et heredibus de corpore suo exeunt / et quod post mortem illius talis predicto. B. fi­lio predicti talis descendere debeat per formam. &c. The wrytte wherby the gy­uer shall recouer (when issue fayleth) is comen ynough in the chauncery. And it is to wyte / that this statute touchynge alyenacyon of lande contrarye to the [Page] fourm [...] of the gyfte hereafter to be made shall holde place / and shall not extend to gyftes made before. And if a fyue bele­uyed hereafter vpon such landes / it shal­be of no effecte in the lawe. Nor such as the reuercyon belongeth vnto / though they be of full age within England / and out of prysone shall not nede to make theyr clayme.

¶ The .ii. Cha­pitre.

FOr asmuche as lordes of fees dys­traynyng theyr tenauntes for seruyces and customes due vnto them / are many [...]ymes greuyd / because theyr te­nauntes do repledge the dystresby wryt or without wrytte. And whē the lordes at the complaynte of theyr tenauntes do come by attachemente into the shyre▪ courte▪ or vnto another courte hauynge power to holde plees of whythernam / & do abuowe the takynge good & lawfull / in that the [...]naun [...]s dysauowe and do dysclayme to hold awght of hym which toke the dystres and aduowed it / he that dystrayned shalbe amerced / and the te­nauntes shalbe quyte to whome ponysh­ment can n [...]t be assygned for the dysad­ [...]owynge by recorde of the courte / or of [Page 60] other courtes hauyng no recorde. It is prouyded and ordeyned from hensforthe that where such lordes can not obtayne iustyce in such maner of courtes against theyr tenauntes / as sone as they shalbe a [...]tached at the sute of theyr [...]enaun [...]es / a wrytte shalbe graūted them to remoue the matter before the iustyces by whom iustyce may be gyuen to such lordes / and afore none other & the cause shalbe putte in the wrytte (because suche a man dys­trayned [...] his fee for seruyces and customes to hym due) nor this acte shall not be pre [...]udycy all to the law comonly vsed wherby [...] is prohybytte that no ple shal be remo [...]ed before iustyces at the sute of the defendaunt / for though it appeare at the fyrste that the tenaunt is playntyf / and the lorde defendant / neuerthelesse hauynge respecte to that / that the lorde hath dystrayned and suyth for seruyces and customes beyng behynd / he aperyth in dede to be rather playntyf than defenbant / and that the iustyces maye knowe vpon what freshe season the lordes may aduowe the dystres good and lawfull vpon theyr tenantes. From hensforth it is agreyd and enacted / that a dystres maye be aduowed reasonable vpon the [Page] season of any auncetour or predecessour syns the tyme that a wrytte of nouell dysseson hath runne / & because it chaun­ceth many tymes that the tenaūt / after he had repledged his beastes / doyth sell thē wherby retourne can not be made to ye lorde yt dystrayned / if it be adiudged.

It is prouyded that the sheryfes or bayllyfes from hensforthe shall not re­ceyue of the playntyfes onely suretyes for ye sute before they make delyueraūce of the dystres / but also for the retourne of the beastes if retourne be awarded. And if any man take sureties otherwyse he shall aunswere for the pryce of the beastes / and the lorde that dystrayueth shall haue his recouerye by wrytte that he shal restore vnto him so many beastes or catell. And if the bayllyf be not able to restore / his lorde shall restore. And for asmuche as it happeneth somtyme that af [...]r the retourne of the beastes is awarded vnto the dystraynour / and the party so dystrayned after that the beastes be retourned doyth repledge them agayne / & when he seyth the dystraynour appea­ryng in the court redy to aunswere hym do make defaute wherby retourne of the beastes is awarded agayne to the dys­traynour. [Page 61] And so the beastes be repled­ged twyse or thryse / and infynytely and the iudgementes in the kynges cou [...]e take no effecte in this c [...].se / wherupon no temedye hath ben yet prouyded. In this case such processe shalbe awarded yt as sone as the retourne shalbe awarded to the dystrayner by wryt of iudgemēt / the sheryf shalbe commaunded so make re­tourne of ye beastes vnto the dystrayner in which wryt it shalbe mencyoned that the sheryf shulde not delyuer them with­out wrytte in whiche it shalbe mencyo­ned of the iudgement gyuen by the iustyces that can not be without a wrytte is­suyng out of the rolles of the iustyces be fore whome the matter was brought. Therfore when he cometh vnto the ius­tyces and desyreth repleuyn of his bea­stes / he shall haue a wrytte of iudgement yt the sheryf takyng suretye for the sute and also of the beastes or catell to be re­tourned / or for the pryce of them / if re­tourne be awarded / shall delyuer vnto hym the beastes or catell before retour­ned / and the distraynour shalbe attached to come at a certayne day before the ius­tyces / afore whō the plee shalbe brough [...] in presence of the partyes / and if he that [Page] repledged make defaute agayne / or for another cause retourne of the dystres beynge nowe twyse repledged be awar­ded / the dystres shall remayne vnreple­uyabl [...] / but if a dystres be taken of newe and for a newe cause / the processe aboue­sayde shalbe obserued in the same newe dystres.

¶ The .iii. Cha­piter.

IN case when a man had lost by de­faute the lande yt he helde in ryght of his wyfe▪ it was very harde that the wyfe after the death of her husband had none other recouerye but by a wrytte of ryght wherfore our soueraygne lord the kynge hath ordeyned that a woman af­ter the death of her husbande shall reco­uer by a wryt of entre (wherto she coude not dysagre duryng his lyfe) which shal be pleded in fourme vnderwryten / if the tenant do except agaynst the demaunde of the wyfe that he entred by iudgemēt. And it be founde that his entre was by defaute ▪ wherto the tenaunt myght be bound to aunswere if it were demaūded of hym ▪ then he shalbe cōpelled to make further aunswer and to shewe his rygh [...] [Page 62] accordynge to the fourme of the wrytte that he purchased before agaynste the husbande and the wyfe. And if he can be ryfye that he hath or had ryght in the lande demaunded / the woman shall gayne nothyng by her wrytte. And if he can not shewe the woman shall recouer the lande beyng in demaūde (this beyng always obserued) that if the husband absented hymselfe / and wolde not defende his wyfes ryght / or otherwyse ī his lyfe wolde not aūswere / if the wyfe dyd com in before iudgement redy to aunswere the demaundant & to defende her ryght / the wyf shalbe admytted. Lykewyse if tenant in dower / tenant by the law of the lande / or otherwyse for terme of lyfe / or by gyfte wheruppon a reuercyon is re­serued / do make defaute / or wyll surren­dre theyr estate the heyres / or they to whome the reuercyon belongeth shalbe admytted to theyr aunswere if they com in before iudgemēt. And if vpō such de­faute or surrendre iudgement hap to be gyuē then the heyres or they to whō the reuercyon belongeth after the deathe of such tenauntes shall recouer by a wrytte of entre / in whiche wrytte of entre lyke processe shalbe obserued / as is aforesayd [Page] in case where the husbande lesyth his wyues lande by defaute. And so in the cases aforesayde two accyons do concure one betwen the demaundant and tenant and an other betwen the tenaunt shew­ynge his ryght and the demaundant.

¶ The .iiii. Chapiter.

IN case when a man beynge imple­ded for lande gyueth vp the lande demaunded vnto his aduersarye by col­lusyon after the deathe of the husbande the iustyces shall awarde the wyfe her dower if she demaūde it by a wrytte / but in case when a man [...]syth by defaute the lande beyng in demaunde / if the wyfe after the death of her husbande demaunde to be indowed / and it is founde that by som iustyces dower was awarded to the demaundant / notwithstandynge the de­faute whiche her husbande made before the other iustyces beyng of the contrary opinion / and awardyng the contrary / to the entente that from hens for the suche doutes or ambyguytes shall be taken a­way and put in certayn. It is prouyded that in bothe cases the woman demaundyng her dower shalbe herde / and if it be alledged agaynst hyr that her husbande loste the lande (wherof the dower is de­maunded) [Page 63] by iudgement / wherby she ought not to haue dower. And if it be inquyred by what iudgemēt / & it be found that it was by defaute / wherunto the tenant muste aunswere / then it behouyth hym to aunswere further / and to shewe that he had ryght and hathe in the fore sayd lande accordynge to the fourme of the wrytte that the tenaunt before purchased agaynst the husbande / and if he can proue that that the husband of such wyfe had no ryght in the landes / nor none other but he / the tenaunt shall go quyte / and the wyfe shal recouer naught of her dower / which thyng if he can not shewe the wyfe shall recouer her dower. And so in these cases & in certayne other folowyng / that is to say / when the wyfe beynge indowed lesyth her dower by de­faute / and tenantes in fre maryage / by the lawe of Englande / or for terme of lyfe / or in fee taylle dyuerse accyons do concurre / for suche tenantes when they demaūde the lande loste by defaute / and when it is come to that poynte that the tenant muste be compelled to shewe his ryght / in asmuche as the lawe wyll not compell them to make aunswere with them to whom the reuercyou belongeth [Page] and therfore they are suffered to voucheor call to warrauntye accordyng to the tenour of the wrytte as if they were te­nauntes / and if they haue a warrantye when the warrantour hath warranted / the plee shall passe betwene hym that is sesyd and the warrantour accordyng to the tenour of the wrytte that the tenant purchased before and by which he reco­uered by defaute / & so from many accyōs at length they shall resorte to one iudge­ment whiche is this / that eyther the de­maūdantes shall recouer theyr demaūde or that the tenantes shall go quyte. And if the accyon of suche a tenant whiche is compelled to shewe his ryght be moued by a wrytte of ryght / though that the great assyse or batayll can not be ioyned by the wordes accustomed / neuertheles it may be ioyned by wordes conuenyent and vsed / for when the tenant in that yt he shewyth his ryght which agreyth with ye wrytte that he before purchased is in stede of a demaundaunt / the war­rantour maye well defende the ryght of the tenant which cometh in place of the demaundant as before is sayd / and to al­ledge the season of his auncetour / and to [Page] defende it by the body of a fremā / or pu [...] hymselfe in the great assyse and pray recognysaunce therof / whyther he hathe more ryght to the lande beynge in de­maunde / or els the partye before named or it maye be ioyned otherwyse by the great assyse / and so the warr [...]our may defende the ryght / and knowledge the season of his auncetour and putte hym­selfe in the great assyse. &c. and pray re­cognysaunce to be made / whyther he hath more ryght in the foresayd land as in that wherof he infeffed such a man / or that suche a one relessyd and quyte clay med. &c. or els the foresayd partye. &c. And where sometymes it chaūcyth that a wyfe / whiche is not indowed of the lande of an heyre beynge within age / doythe purchase a wrytte of dower a­gaynst the kepar [...] the kepar indowyth the wyfe by fauour or makyth defaute / or defendyth suche maner of fayned plee by collusyon / wherby the wyfe is a war­ded her dower in preiudyce of the heyre.

It is prouyded also and enacted that when the heyre comyth to full age / he shall haue an accyon to demaunde the [Page] season of his aūccTour agaynst the wyfe lyke as he shuld haue agaynst any other deforceour / prouyded alwayes that that the wyfe shall haue excepcyon agaynste the demaundant to shewe that she had ryght [...]o her dower / which if she cāshew she shal go quyte and retayne her dower and the heyre shalbe greuously amerced accordyng to the dyscrecyon of the iustyces / but if the heyre doo recouer his de­maunde. &c. lykewyse the wyfe shalbe ayded if the heyre or any other doo im­plede her for her dower / or if she lese her dower by defaute in whiche case the de­faute shall not preiudyce her / but that she shall recouer her dower if she haue ryghte therto / and she shall haue this wrytte. Precipe. A. quod iuste. &c. red­dat tali que fuit vxor talis tantam [...]e [...] ­ [...]am cum pertū in. C. quam clamat esse rationabilem do [...]em suam / vel de ratio­nababili do [...]e sua▪ et quam predictus talis et deforceat. And to this wrytte the [...] [...]aunt shal haue his excepciō for to shew that she hadde no ryght to be indowed / which if he can veryfye / he shal go quyte & if not the wyfe shall recouer the lande / wherof she was indowed before / and where as before tyme if a man had loste [Page 65] his lande by defaute he had none other recouery then by a wryt of ryght / which was not graunted to any that coulde not clayme of mere ryght / neyther to te­nauntes for terme of lyfe / in fre marya­ge / nor in taylle / in whiche estates a re­uercyon is reserued. It is prouyded yt fromhensforthe theyr defaute shall not be so preiudycyall / but that they may recouer theyr estate (if they haue ryghte) though it be not by a wryt of ryght. For lande in free maryage loste by defaute such a wrytte shalbe made. Precipe A. (quam) iuste. &c. reddat B. manerium de C. cum pertin̄ / (quam) clamat esse ius et maritagium suum quod predictus A. et deforceat / Lykewyse of lande for terme of lyfe loste by defaute / this wrytte shalbe made. Pre­cipe A. quod iuste. &c. reddat B. maneriū de C. cum pertin̄ quod clamat [...]ener [...] ad terminum vite sue et quod predictus A. e [...] deforceat. Lykewyse / (quam) clamat tenere sibi et heredibus de corpore suo legitti­me procreatis / e [...] (quam) predictus A. e [...] defor­ceat.

¶ The .v. Chapitre. UUhere as for aduouzons of chur­ches there be but thre orygynall wryttes / that is to saye / one wrytte of ryght / & two of possessiō / yt is (darreyn [Page] presentment and Quare impedit) & hy­therto it hath ben vsed in ye rea [...]me that when any hauynge no tytle to presen [...]e dyd present to any church and his [...] was admytted / he yt was very pa [...]ro [...]e coude not recouer his aduouzon / bu [...] [...] a wrytte of ryght whiche shulde be [...] by bataylle or by great assyse / w [...]by heyres w [...]hin age eyther by fraude / or els by ne [...]glygence of theyr wardeyns & heyres both of hygh and mean estate ey­ther by ne [...]glygence / or els by fraude of tenantes by the curtezye / tenantes in dower / or for terme of lyfe / or for yeres / or in see tay [...]e were many tymes dyshe­ryted of theyr aduouzo [...]s / or at the leste were dryuen to theyr w [...]ytte of ryght / in which case hytherto they were without remedye. It is prouyded that suche pre­sentmentes shall not be so preiudycyall to ye ryght heyres or to them vnto whō suche aduouzo [...]s shall reuerte after the death of other persones. For as often as any hauyng no ryght do present (during the tyme that suche heyres at in warde) or duryng the estate of tenātes in dower by the [...] / or otherwyse for terme of lyfe or of yeres / or in [...]aylle at the next auoydaunce when the heyre is come to [Page 56] full age / or when the auoydaūce falleth after the death of the tenantes before named / vnto the heyre beynge of full age / he shall haue lyke accyon and receyte by wrytte of abuouson possessorye / as the auncetour of hym sholde haue had at the laste aduoydaunce happenynge in his tyme before his deathe / or before the l [...]s was made for terme of lyfe / or in taylle / as afore is sayd. In lyke maner it shalbe obserued in presentemen [...]es made vnto churches beyng of the inherytaūce of wymm [...] ̄ (what tyme they were in the power of theyr husbandes) whiche must be ayded by this estatute i fourme aforesayd. Also relygyons men as byshopes / archede [...]cons / persons of churches / and other spiritual men shalbe ayded by this estatute. If any hauynge no tytle doo present vnto churches belongyng to prelacyes / spirituall dygnites / personages / or to houses of relygyō (what tyme such houses / prelacyes / spirytuall dignytes / & personages be vacaunt) this acte shall not be so largely vnderstanden that such persones (for whose remedye sta­tute was made) shall haue the recouery aforesayd / sayeng yt kepers of heyres / tenātes i taylle / by ye curtezye / tenātes in [Page] dower / for terme of lyfe or for yeres / or persones whiche fayntly haue defended plces moued by them or agaynst them / because ye iudgemētes gyuē in the kyn­ges courtes shulde be vtterly adnulled / but the iudgement shall stande in his force vntyll it be reuersed in the court of ye kyng as erronyous (if errour be foūd) or by assyse of darreyn presentmēt / or by inqueste in Quare impedit / if it passe by attaynte / or be adnulled by certificacion which shalbe frely graunted. And from­hensforth one fourme of pledyng shalbe kept in wryttes of darreyn presentment and Quare impedit / so that where the defendaunt alledgeth plenartye in the church of his owne present aciō / the plee shall not fall by reason of the plenartye (so that the wrytte be purchased within the .vi. monethes) though he can not re­couer his presentacyon within .vi. monethes. And sometymes where peace is made betwene many claymyng one ad­uouzon and inrolled before the iustyces in the rolle / or by fyne in this fourme / that one shall present the fyrst tyme / and at the nexte aduoydaunce another / and the .iii. tyme another / and so of many. And when one hathe presented for his [Page 67] tyme accordyng to the fourme of theyr agremente and fyne / and at the nexte aduoydāunce he to whom the secounde presentacyō belongeth is dystourbed by any that was partye to the sayd fyne or in his stede. It is prouyded that from­hensforthe he that is so dystourbed shall not be dryuen to sue a Quare impedit / but shall resorte to the rolle or fyne. And if the sayd fyne or agrement be found in the rolle / then the sheryf shalbe commaū ded that he gyue knowledge vnto the distourbour that he be redy at a certayn daye conteynyng the space of .xv. dayes or .iii. wekes (as the place happeth to be nere or ferre) for to shew if he can allege any thynge / wherfore the partye that is dystourbed owght not to present. And if he come not / or peraduenture doyth comand can nothing allege to barre the partye of his presentacyon by reason of any dede made or wryten syns the fyne was inrolled / he shall recouer his presentaciō with damages. And where it chauncyth that after the death of his auncetour yt presented his clerk to a church / the same aduouzon is assygned in dower to a wyfe / or to tenant by ye curtezye / which do present and after the death of such te­nantes [Page] the very heyre is dystourbed to present when the church is voyde. It is prouyded that fromhensforthe it shalbe in choyse of [...]he partye dystourbed why­the [...] he w [...]ll s [...]e a Quare impedit / or a dar [...]y [...] pr [...]s [...]ntm [...]nt. Lyke lawe shalbe obs [...]r [...]d in ad [...]o [...]ons [...]assed for terme of ly [...]e / or yeres / or in taylle. And from­hensforth in wryttes of Quare impedit and da [...]r [...]y [...] pr [...]s [...]ntment damag [...]s shalbe aw [...]d if the [...] cōtynue aboue. v [...]. m [...]n [...]h [...] ▪ so that if the byshop do pre­sen [...] / and the v [...]y pa [...]une l [...]se his pre­sentacyon for that tyme damages shal­be awa [...]d for the .ii. yeres value of [...] [...]. And if the. v [...] monethes [...] and the pres [...]n [...]mē [...] [...]. dysprou [...]d [...] sayd tyme then damag [...] shal [...] the [...] ye [...]es v [...] the [...]. And if the dystourbour [...] not wherof he [...]a [...] [...]e d [...] ­ges [...] th [...] byshop presenteth by [...] o [...] [...] he [...]a [...] your sh [...]d by [...]. And if the [...]d within the halfe y [...] ▪ yet t [...] dy [...]ourbour shalbe ponys­sh [...] [...] the [...] of halfe a yere. And frōhensforth wryttes shalbe graū ­ted for chap [...]es prebendes / vycarages / [Page 68] hospytalles / abbeys / pryoryes / & other houses / whiche be of the aduouzons of other men that were not graūted before And when the persone of any churche is dysturbed to demaūde tythes in the next per [...]she by a wrytte of indicauit / the [...] [...] of the persone so dystourbed shall [...] a wrytte to demaunde the aduou­zon of suche tythes. And when it is dys­proued / then shall the plee passe in the [...] chrysten / as ferforth as it is dys­ [...]d in the kyng [...] court / whē an aduouzon dyscēdyth to parceners though one presente twyse and vsurpeth vpon his coheyre / yet he that was neeglygēt shall not be clerely barred / but at another tyme shall haue his tourne to presente when it falleth.

¶ The .vi. Chapiter.

UUhen any demaundeth lande a­gaynst another / & the partye that is impleded vouchyth to warrauntye / & the warrantour denyeth his warraun­tye and the plee hangyth longe betwen the tenaunt and the warrauntour / and at length when it is tryed yt the vouche is bound to warrātye by th [...] law & custo­me of the realme hytherto vsed ther was none other ponyshmēt assygned for the vouche yt denyed his warrātye / but only [Page] that he sholde warrantyze and be amer­ced for denyeng his warrauntye / which was preiudicyall to the demandant / be­cause he suffered oftentymes great de­layes by collusyon betwene the tenant and the warrauntor / wherfore our soue­raygne lorde the kynge hath ordeyned that lyke as the tenant sholde lese the lande beyng in demaunde in case where he vouched / and the vouche coude dys­charge hymselfe of the warrauntye. In lyke maner shall the warrantour lese / in case where he denyeth his warrauntye / and it be founde and tryed agaynst hym that he is bounden to warrantyze. And in case that an inqueste be dependyng betwene the [...]enant and the warrantor / & the demaundant doyth praye a wrytte for to cause a [...]urye to com it shalbe graū ted hym.

¶ The .vii. Chapitre.

A wrytte of admesuremēt of dower shalbe fromhensforth graunted to a wardeyn nor ye heyre whē he cometh to full age shalbe barred by the sute of such wardeyn that suyth agaynst the te­naunt in dower faynedly and by collu­syon / but that he maye admesure the dower after as it ought to be admesured by the lawe of the lande. And as well in [Page 69] this wrytte as in a wrytte of admesure­ment of pasture more spedy processe shalbe awarded than hath ben vsed hyther­to / so that when it is passed vnto the great dystres / dayes shalbe gyuen with­in which two shyrecourtes maye be hol­den / at the whiche open proclamacion shalbe made that the defendant shal comin at the day contayned in the wrytte to aunswere vnto the playntyf / at whiche daye if he come in / the plee shall passe be­twene them. And if he do not come and the proclamacion be testefyed by the she­ryf in maner abouesayd / vpō his defaute they shall make admesurement.

¶ The .viii. Chapiter.

UUhere as by a plee moued vpon a wrytte of admesuremēt of pasture the pasture was somtyme admesured be fore the iustyces / sometyme before the sheryf in the countye. And it chaunced many tymes that after such admesure­mēt made / the pasture to be ouercharged agayne by hym that fyrste dyd it / with [...]o beastes then he ought to kepe / wherupon no remedye hath ben yet prouyded It is prouyded that vpon the secounde ouerchargynge the playntyfe shall haue remedye in this maner / if the admesure­mente [Page] were before the iustyces he shall haue a wrytte iudycyall / that the sheryf in presence of the partyes beynge somo­ned (if they wyll come) shall inquere vpō the secounde ouerchage / whiche if [...] be founde it shalbe retourned before th [...] iu­styces vnder the seales of the sheryf and of the iurrours / and the iustyces shall awarde the playntyf damages and [...] putte in the extreates the value of the beastes whiche were putte in to the pas­ture after such admesurement aboue the due noumbre / and shal d [...]lyuer the extreates vnto the barons of the eschequer / wherof they shal aūswer vnto the kyng. If suche admesurement be made in the coun [...]ye then at the request of the playntyf a w [...] shall go out of the chauncery ▪ that the sheryffe shall inquere vpon the ouerchargynge & for the bea [...]es b [...]y [...]g put in [...]boue the d [...]e noumbre / and for the value of them he shall aunswere to the kyng at the eschequer. And leste the sheryf m [...]ght defra [...]de the kynge in th [...]s case [...] is agreyd that a [...] such wryttes of secound ouerchargyng that passe out of the cha [...]nc [...]ry shalbe inrolled / and at the yeres ende the transcryptes shalbe re­tourned in to the eschequer vnder the [Page 70] chauncellours seale / that the treasourer and barons may see how the sheryf shall aunswere of the issues of suche wryttes / lykewyse wryttes of reddysseson shalbe inrolled and sente into the eschequer at yeres ende.

¶ The .ix. Chapitre.

UUhen chyef lordes do dystreyne in theyr fee for customes and seruy­ces to them due / & one of them is meane whiche oughte to acquyte the tenaunte where it lyeth not in the mouthe of the [...]nant after that he hath repleuyzed the dystres to deny the demande of the chyef lord / which a [...]oweth in the kyngꝭ court that the dystres is lawfully taken vpon his tenant which is the meane / & many haue ben sore greued by such dystresses / [...]nsomuche as the meane (notwithstan­dyng that he haue suffycyent wherby he may be dystrayned) doyth make longe delayes / before he wyll come into the courte to aunswer for his tenaunt vnto the wrytte of mean / and most harde of al when the mean had nothyng [...]. In case also when the tenant was redy to do his struyces & customes vnto his lorde / and the chyef lorde wolde refuse to take such seruyces and customes by the handes of [Page] any man but onely for his nexte tenant / and so such tenātes in demeane lost som­whyles the profytes of theyr landes for a tyme and somewhyles for theyr hole tyme / and hytherto no remedy hath ben prouyded in this case. A remedy is pro­uyded in this fourme / that so sone as the tenant in demean (hauynge a mean be­twene hym and the chyef lorde) is dys­trayned / incontynēt the tenant shall purchase his wrytte of mean / & if the mean hauynge lande in the same countye ab­sent hymselfe vntyll the great dystres be awarded / the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse / within whiche .ii. shyrecourtes maye be holden / and the sheryf shalbe cō 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 / [Page 71] 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 yt he hath nothynge wherby he may be somoned / then shall the renant sue his wrytte of attachmēt. 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 shalbe 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 ye distres is taken) and when it is testefyed by the [Page] sheryf that he hath nothyng in his shyre a wrytte iudy [...]y all shall issue to someone the meane before the sheryf of the same shyre / where it was testefyed yt he had lande / and sute shalbe made in the same shyre / vntyll they haue passed vnto the great dystres / & proclamacyon as aboue is sayd where the mean hath laud in ye same shyre in which the dystres is taken And neuertheles sule shalbe made in the same shyre where he hath nothynge▪ 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 shalbe 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 tenāt 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 [Page 72] to acquyte his tenaunt / or he is compel­led by iudgemēt 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 shalbe 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 [...]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 / [Page] 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 shalbe.

¶ 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 ye iustyces / after whose departure theyr [Page 73] aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe / whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf / & they yt 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 happē to be more or lesse) within which tyme it shalbe 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 ye iustyces erraūt / 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 shalbe of none effecte / but onely that a wrytte abated any tyme duryng the circuyte shalbe 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 shalbe [Page] receyued in the circuyte / also wryttes of nouell dysseson shalbe 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 at westmynster or in ye kynges benche / or before iustyces assygned to take assyses / or in any shyre before sheryfes or in any court barō / may make theyr generall attorney to sue for them in all plees in the circuyte of iustyces moued or to be moued for thē or agaynst them / duryng the circuyte / which attor­neys shall haue full power in all plees beyng moued duryng the circuyte vntyll the ple be determyned / or that his mays­ter do dyscharge hym / nor they shalbe excused therby / but that they shalbe put in iuryes and assyses before the same iu­styces.

¶ The .xi. Chapiter.

COncernyng seruaūtes / bayllyfes / chaumberlaynes / and all maner of [Page 74] receyuers / it is agreyd & ordayned that when the maysters of such receyuours / do assygne audytours to take theyr ac­counte / and they be founde in arrerages vpon theyr accoūte all thynges allowed and to be allowed / theyr bodyes shalbe arrested and by awarde of the audytors of the same account shalbe sent vnto the nexte gayle of the kynges in those par­tyes / and shalbe receyued of the sheryf or gaylor and imprysoned in yron and vn­der saufe kepyng / and shall remayne at theyr owne coste / vntyll they haue sa­tysfyed theyr maysters clerely of the ar­rerages / neuertheles if any ꝑsone beyng so commytted to pryson doo conplayne that the audytours of his account haue greued hym vniustly chargynge hym with receytes that he hath not receyued or not allowyng hym expences reasonable and do fynde frendes that wyll vn­dertake to brynge hym before the barōs of the eschequer / the partye shalbe dely­uered to them. And the sheryf in whose pryson he is kept shall gyue knowledge vnto his mayster / that he apere before the barons of the eschequer at a cer­tayne daye with the rolles and tayl­les that the accounte was gyuen by [Page] and in the presence of the barons or the audytors / that they shall assygne hym the accounte shalbe rehersed and iustyce shalbe done to the partyes / so that if he be founde in arrerages he shalbe cōmytted to the flete / as aboue is sayd / and if he fle and wyll not gyue accounte / as is conteyned in the other statutes / he shal­be dystrayned to come before the iusty­ces to make his accoūte / if he haue wherof to be dystrayned / and when he cometh into the court / audytors shalbe assygned to take his accounte before whome if he be founde in arrerages / and can not pay the arrerages forthwith / he shalbe com­mytted to the gayle in maner aforesayd. And if he fle / and it be retourned by the sheryf that he can not be founde / exigen­tes shall go agaynste hym from countye to countye / vntyll he be outlawed / & the prysoner shal not be repleuysable / and let the sheryf or gaylour take hede / if it be within a fraunchyze or without that he do / not suffer hym to goo at large by the comō wrytte called Replegia [...]e or other wyse without assent of his master. And if he do and therof be conuyet / he shalbe aunswerable to the partye greued of the damages done to hym by suche his ser­uaunte [Page 75] after as it may be founde by the counte / and shall haue his recouerye by a wrytte of dette. And if the gaylour haue not wherwith he maye paye his superior that commytted the custodye of the gayle vnto hym shalbe aunswerable by the same wrytte.

¶ The .xii. Chapitre.

FOr asmuch as many through malyce intēdyng to greue other men do procure false appeales of murder and felony to be sued by appellours hauyng nothing to satisfye our soueraygne lord the kynge / nor the partyes appealed for the damages sustayned by theyr false appealle. It is ordayned that when any beynge appealed of felonye do acquyte hymselfe in due maner / ether at the sute of the appellour / or the kynges / the iustyces before whome the appeall was hard and tryed shall ponyshe the appeallour by a yeres imprysonment and a daye / & the appeallours shall neuertheles restore to the partyes appealed theyr damages accordyng to the dyscrecyon of the iustyces hauyng respecte to the prysonyng or arrestyng that the party hath sustayned by reason of the appeall / & to the sclaun­der and infamye that they haue suffered [Page] by imprysonment or otherwyse and shal neuerthelesse be greuously raunsomed vnto the kynge. And if the appealours be not able to recompense the damages it shalbe inquered by whose procurynge or abbettement the appeall was commē sed / or by whose malyce if the partye ap­pealled desyre it. And if it be founde by inquest that any man is abbe [...]our vpon malyce / at the sute of the partye appeal­led he shalbe dystrayned by a iudycyall wrytte to come before the iustyces. And if he be lawfully conuyete of such abbet­tement malycyous / he shalbe ponyshed by imprysonment / and shall paye dama­ges / as before is sayd of the appeallour. And fromhensforth in appeall of mur­dre there shal no essoyn lye for any cause in what so euer courte the appeall shall happe to be determyned.

¶ The .xiii. Chapitre.

FOr asmuche also as sheryfes fay­nyng many tymes certayne per­sones to be indyted before them in theyr turnes of felonyes and other trespas­ses / do take dyuerse persons that are not gylte / and such as are not indyted law­fully / and imprysone them to the entent that they myght extorte money from [Page 76] them / where as they were not lawfully indyted by .xii. mē: It is ordeyned that sheryfes in theyr turnes & in other place where they haue to inquyre of trespas­sers by the kynges precepte / or by offyce / shall cause such inquestes to be taken by lawfull men / & by .xii. at the leste / which shall putte theyr seales to suche inquisy­cyons / and such as shalbe founde culpa­ple by such inquestes they shall take and imprysone as they haue vsed afore ty­mes to do / & if they do imprysone other thē such as hath ben indyted by inquest / the partyes imprysoned shal haue theyr accyō by a wrytte of false imprysonmēt agaynst the sheryfes / as they shold haue agaynste any other persone that shulde impryson them without warraūte. And as it hath ben sayd by sheryfes / so shall it be obserued agaynste the bayllyffes of any fraunchyse.

¶ The .xiiii. Chap.

UUhere as for waste done in the in­herytaunce of any person / by gar­deyns / tenantes in dower / tenantes by the curtezye / or otherwyse for [...]e [...]me of lyfe / or yeres / a wrytte of prohybicyon of waste hath ben vsed to be graunted / by whiche wrytte many were in doute / thynkynge that suche as had done the [Page] waste shulde not nede to aunswere / but onely for waste done after the prohiby­cion to them directed. Our soueraygne lorde the kynge to putte this case out of doute from this tyme forth / hath ordey­ned that of all maner of waste done to ye hurte of any persone there shalbe from­hensforth no wrytte of prohybuciō / but onely of somons / so that he of whom the complaynt is / shall aunswere for waste done at any tyme / and if he come not af­ter the somons / he shalbe attached / and after the attachement he shalbe dystray­ned / and if he come not after the dystres the sheryf shalbe 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 iudgem̄t / 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 / yt if such be [...]loygned so that they can not sue personally / theyr nexte frendes shalbe admytted to sue for them.

¶ The .xvi. Chapiter.

[Page 77]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▪hēsforth 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 lec [...] / shall not be fromhensforth allowed for lādes 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 shalbe admytted. And if it can be so proued by inqueste / the essoyne shalbe tourned to a defaute. And frōhensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente.

¶ The .xviii. Chapiter.

[Page]UUhere dette is recouered or knowledged in the kynges court / or da­mages awarded it shalbe frōhensforthe in the eleccyō 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▪ 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 shalbe bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende / lyke as the executours shulde haue ben boundē / if the partye had made testamēt.

¶ 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 [Page 78] 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 shalbe admytted and inquered / and accordynge to the same inquerye the iudgemēt 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 demaūde the lande so lessed in demean. In lyke maner it is a­greyd that if any witholde frō his lorde his due & accustomed seruyce by ye space of two yeres / the lord shal haue an accyō to demaūde the lande in demean by such a wrytte. Prec. A. (quam) iuste. &c. reddat B. tale ten̄ quod A. de eo tenuit per tale ser­uiciū / et (quam) ad prectt̄ B. reuerti debet / eo (quam) p̄dictꝰ A. in faciendū predictū seruiciū per bienniū 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 demaundāt agaynst the heyre of the tenant / & agaynste them to Whō such land is alyened.

¶ The .xxii.

[Page]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▪ place certayne by assygnemēt of the sheryf / and by the viewe and othe of his neyghbours sworne and tryed for the same intent / or els he shalbe content to take nothyng fromthēsforth / but as his felowes wyll / & if he do chuse to take his parte in a place certayne / the place wasted shalbe 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 graū ­ted out of the chaūcery for the dede of any man the playntyfes fromhens­forthe [Page 79] 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 graū ted in lyke case whē lyke remedy fayleth / as is before the wrytte shalbe made. Questus est nobis A. quod B. iniuste. &c. le [...]auit domum / murum / mercatum / et alia que sunt ad nocumentum liberi te­nementi sui. And if the thynges leuyed be alyened frō one to another / the wryt shalbe 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 graūted to trye whyther lande be the fre almes of such a church / [Page] orels lay fee / frōhensforth a lyke wrytte shalbe gyuē to trye whyther it be the fre almes of this churche or of another churche / if it be alyened to the possession of another church. And fromhensforth as often as it shal fortune in the chauncery that in one case a wrytte is founde and in lyke case fallyng vnder lyke law & ne­dyng of lyke remedye is found none: the clerkes of the chaūcery shall agre in ma­kyng the wryt / or the plaintyfes may ad iourne it vntyll the next parlyamēt / and let the cases be wrytē in whiche they can not agree / & let thē referre thēselues vn­tyl the nert parlyamēt / then by cōsent of men learned in the lawe a wrytte shalbe made / lest it myght happen afterwarde that the kynges courte myght fayle to minystre iustyce vnto the sutors.

¶ The .xxv. Chapitre.

FOr asmuche as there is no wrytte in the chauncery wherby playntyfes can haue so spedye remedye / as by a wryt of nouell dysseson / our soueraygne lorde the kyng to the intent that tustyce may be more spedely mynistred and that delayes in plees shuld be abrydged graū teth that a wrytte of nouell dysseson shal holde place in mo cases then it hath vsed [Page 80] heretofore / and graunteth that for esto­ners of woode profytte to be taken in woodes of gatheryng nuttys / acornys / and other frutes / for a corrodye for dely­uere of corne and other vytaylles and necessaryes to be receyued yerely in a place certayne / tolle / tronage / passage / ponta­ge / pannage / and suche lyke to be taken in places certayne / kepynge of woodes / parkes / forestes / chacys / warrens / yates and other baylewyke / and offyces in fee / fromhensforth an assyse of nouell dysse­son shall lye / and in all the cases afore rehersed the wrytte shalbe (de libero tene­mento) and as before tymes it hathe lyen and holden place commune of pas­ture / so shall it fromhensforthe holde place for common of turfeland / fyshyng / and suche lyke comons which any man hath appendant to his frehold / or with­out freholde by specyall dede at the leste for terme of lyfe. In case also when any holdyng for terme of yeres / or in warde [...]lyeneth the same in fee & by such aliena [...]yō the frehold is deuested in ye feffee / ye [...]mdye shalbe by a wrytte of nouell dys­seson / & aswel the feffour as ye feffee shal be had for dissesors so yt during ye lyf of [...]ny of thē ye sayd wryt shal hold place. [Page] And if remedye happen to fayle by that wrytte / remedye shalbe optayned by a wrytte of entre. And all be it that aboue mencyon is made of some cases wherin a wryt of nouell dysseson helde no place before / let no mā thynke because of that / but that this wrytte doyth not nowe in such cases / as it hath lyen before. And though som haue doubted whyther a remedye be gyuen in this wrytte in case where one commoneth in the seuerall of another / let it be had for certayne that a good and a sure remedy is gyuen by the sayd wrytte / let them that be named dys­sesours beware frōhensforthe that they alledge not false excepciōs wherby ye takyng of ye assyse may be deferred sayeng that another tyme an assyse of the same lande passed between the same partyes / or sayeng & lyeng that a wrytte of mo [...]e hygh nature hangeth betwene the same partyes for the same lande / and vpon these and lyke matters do vouche re [...]s or recordes to warrauntye that by the same vouching they may take away the vesture of the lande / and take the rentes and profytes to the great damage of the playntyf. And where before no payne was lymytted agaynst hym that falsely [Page 81] had alleged such vntrue excepcyons but onely that after suche false surmyses the assyse shulde passe / our soueraygne lorde the kynge to whom such false excepcyōs be odyous hathe ordayned / that if any beyng named dyssesour do personally al­lege the excepcyon at the daye to hym youen / if he fayle of the warrauntye that he hath vouched he shalbe adiuged for a dyssesor without takyng of the as­syse / and shal restore the damages before inquered / or to be inquered after to the double / and shall neuertheles haue a ye­tes imprysonment for his falshod. And if the excepcyon be shewed forth by a vayl­lyf / the takyng of the assyse shall not be delayed therfore / nor the iudgement vp­pon the restytucyon of the landes and damages / yet if the mayster of such a vayl­lyf that was absent come afterward be­fore the same iustyces that toke the as­syse / and offer to auerre by the recorde & rolles that another tyme an assyse pas­sed between ye same partyes for the same lande / or that the playntyf at another tyme dyd withdrawe his sute in a lyke wrytte / or that a plee hangeth by a wryt of more hygh nature / a wrytte of venire facias shalbe made to hym vpō the same [Page] recorde / & when he hath the wrytte and the iutyees do perceyue that the recorde so shewed by hym before iudgemēt shuld be so auaylable that the playntyfe by force of the same shulde be barred of his accyon / the iustyces shall awarde imme­dyatly a Scire facias agaynst hym that fyrste r [...]couered that he be at a certayne daye at the which the defendant shall re­couer his season and damages / if that he ought to haue payed any by the fyrst iudgement with the damages also that he had after the fyrste iudgement gyuen whiche he shall recouer to the double as before is sayd / and he that fyrst recoue­red shalbe ponyshed by imprysomen [...] af­ter the dyscreyon of the iustyces.

In lyke maner if the defendant agaynst whome the assyse passed in his absence shew any dedes or dysclaymeth vpō ma­kynge wherof the iurye were not examyned nor coude be examyned / in so muche as no mencyon was made of them in pledynge and peraduenture myght be ignorant of the makyng of those wryt­tynges. The iustyces vpon the syght of these wrytynges shall awarde a Scire facias to the partye that recouered that he apere before them at a certayne day / [Page 82] and shall cause the turrours of the same assyse to come / and if they fynde those wrytynges true by theyr verdytte / or by in [...]ollyng / he that obtayned the assyse contrarye to his owne dede shalbe po­nyshed by the payne aforesayd. And the sheryfe fromhensforthe shall not take of the dyssesye an ore / but of the byss [...]sour only / and if there be many dyssesours named in one wrytte / he shalbe neuerthe­lesse contented with one ore / nor shall not a [...]e any ore but of v. [...]. pry [...]e or the pryce.

¶ The .xxvi. Cha­pitre.

IN wryttes of redysseson fromhensforth double damages shalbe awarded / and the reddyssesours shal not be re­ [...]lcuysable fromhensforth by the comō wrytte / and lyke as in ye statute of Merton the same wrytte was pro [...]yded for suche as were dyssesed after they had re­couered by assyse of nouell dysseson / of mortdauncetour / or other iuryes.

Further fromhensforth ye same wrytte shall holde place to them that haue reco­uered [Page] by defa [...]te / surrendre or otherwyse without recognysaunce of astyses or iu­ryes.

¶ The .xxvii. Chapiter.

AFter such tyme as any had put to an inqueste / his [...]y [...] shalbe al­lowed hym at the next daye / but the other dayes folowing the takyng of the inqueste shall not be [...]ed by [...]oy [...] / whyther he w [...] before or no. And after the day gyu [...]an essoyne shall not be allowed at the desyre of the par­tes / in case where the partyes do consent to come without essoyne.

¶ The .xxviii. Chapitre.

UUhere as by the fyrste statute of Westmynster it was prouyded that after the tenantes haue ones apered in the court / no essoyne shalbe allowed thē in wryttes of assyses / in lyke maner it shalbe frōhensforth agaynst the playn­tyfes.

¶ The .xxix. Chapitre.

A wrytte of [...] (to here and de­termyne) fromhensforth shall not be graun [...]ed before any iustyces o [...] bothe benches and [...]s [...]s [...]a [...]s but for the [...] of the [...] / where it is necess [...] sp [...]dye [...]em [...]dye. And [Page 83] our soueraygne lorde the kynge of his specyall grace hath graunted this / and fromhensforth a wrytte (ad audiendum et terminandum appella) shall not be graunted before iustyces assygned / but in a specyal case and for a cause certayne whē the kyng commaūdeth / but lest the partyes appea [...]d or indyted be kepte longe in pryson they shall haue a wrytte of Odio et A [...]a / lyke as it is sayd in ma­gna carta and other statutes.

¶ The .xxx. Chapitre.

FRōhensforth two iustices sworne shalbe assygned before whom and none other assyses of nouell dysseson mort dauncetour / and attayntes shalbe taken / and accompanye with them two or one of the dyseretyste knyghtes of the shyre where they come / and shal take the foresayd assyses & attayntes nomore thē thryes yerely / that is to say betwene the quynzyeme of saynct Iohan Baptyst & the gule of August. And agayne betwen the feast of the exaltacyon of the crosse & the vtas of sa [...]nct Myghell. And thyrd­ly betwene the feaste of the Epyphanye and the feaste of the purificacion / and in euery shyre at the takynge of assyses be­fore they shall appoynt [Page] the daye of theyr retourne / so that euery one of the shyre may knowe of theyr co­ntynge / and shall aiourne the assyses frō terme to terme / if the takynge of them be declared at any daye by vowchyng to warrauntye / by [...]ssoyne / or by defaute of iurrours / and if they see that for any cause assyses of mortdauncetour beynge respyted by essoyne or voucher ought to be adiourned into the benche / it shall be lefull for them to do it / and then they shall sende the recorde with the originall wrytte before the iustyces of the benche. And when the matter is passed to the [...]akynge of the assyse / the iustyces of the benche shall remytte the matter to the frysie iustyces before whome the assyse shalbe taken but fromhensforth the iu­styces of the benche shall gyue in suche assyses .iiii. dayes at the leste in the yere before the sayde iustyces assygned for to spare expens [...] and labour. Inquysicyons of trespas shalbe aiourned before the iu­styces of bothe benches / except the tres­pas be so heyghnous that it shall re­quyre great examynacyons. Inquysy­cyons also of other plees pleded in bothe [Page 84] benches shalbe determyned before them wherin small examynacyon is requyred that when the entre or season of any is denyed / or in case when one artycle is to be inquered. But inquysycyons of ma­nye and greate artycles that requyre great examynacyon shalbe taken before iustyces of the benche / except that bothe partyes desyre that the inquysicyon be taken afore some of the iustyces / when they happen to com into those partyes / that fromhensforthe it shall not be done but by two iustyces or one / vpon whom the partyes can agre. And suche inquy­sycyons shall not be determyned before any iustyces of the benche excepte a day and a place certayne be apoynted in the shyre in presence of the partyes and the daye and place be mencyoned in the wrytte by these wordes.

Precipimus tibi quod venire factas co­ram iusticiarus nostris apud westmo­nasterium in octauis sancti Michaelis nisi talis et talis tali die et loco ad par­tes illas venerint duodecim. &c.

And when such inquestes be taken they [Page] shalbe retourned into the benche & there shall iudgement be gyuen and inrolled. And if any inquysicyons be taken (other wyse then after this fourme) they shalbe of no effecte / except yt assyses of darreyn presentmēt and inquysicyons of Quare impedyt in theyr owne shyre before one iustyce of the benche and one knyght at a day and place certayn assygned / why­ther the defendant cōsent or not / & there the iudgemēt shalbe gyuen immedyatly All iustyces of the benches frōhensforth shall haue in theyr cyrcuytes clerkes to inrolle all plees pleded before them / lyke as they haue had in tyme passed. Also it is ordeyned that the iustyces assygned to take assyses shall not compell the iur­rors to saye precysely if it be dysseson or not / so that they do shewe the truthe of the dede and desyre helpe of the iustyces. But if they of theyr owne h [...]d wyll saye that it is dysseson / theyr verdy [...] shalbe admytted at theyr owne peryll. And frō hensforth the iustyces shall not putte in assyses or iuryes any other then were at the fyrste somoned to the same.

¶ The .xxxi. Chapitre.

UUhen any that is impleded before the iustyces doyth alledge an ex­cepcyon [Page 85] prayeng that the iustyces wyll allowe it / which if they wyll not allowe / if he that alleged the excepcyon do wryte it prayeng the iustyces to putte to theyr seales for a wytnesse. And if one wyll not another of the companye shall. And if the kyng vpō cōplaynte made agaynst the iustyces cause the recorde to come before hym / and the same excepcyon be not founde in the rolle / & the playntyf shewe the excepcyon wryten vnder the seale of a iustyce / the iustyce shalbe commaunded to be redy at a certayne day other to confesse or denye his seale. And if his iustyce can not denye his seale they shall procede to iudgement accordyng to the same ex­cepcyon / and after as it ought to be ad­mytted or auoyded.

¶ The .xxxii. Chapitre.

UUhen relygyous men or any spy­rytuall persones do implede any & the partye impleded maketh defaute / wherby he ought to lese the lande / for­asmuche as the iustyces haue thought hytherto yt if the partye impleded make defaute by collusyon / that when the de­maundant by occasyon of the statute coude not obtayne seasyn of the lande by tytle of gyfte or other alyenacyon / he [Page] shall nowe by reason of the defaute. And so fraude is to the statute. It is orday­ned by our soueraygne lorde the kyng in this case / that after the defaute made it shalbe inquered by the countre whyther the demand āt had ryght or no / & if it be found yt the demand at had ryght let the iudgement passe with hym & so recouer season / and if he had no ryght the lande shall go to the ne [...]e lorde of the fee if he demaunde it within a yere after the in­quest taken. And if he do not demaunde it within the yere it shalbe inquered for the nerte lorde aboue if he demaunde it within halfe a yere after the same yer [...]. And so euery lorde after the ne [...]t lorde immedyate shall haue the space of halfe a yere for to demaunde it successyuely vntyll it come to the kynge / for whome at length by defaute of the lordes the lande shall be inquered / & to challenge the iur­rors euery of the chyef lordes shalbe ad­mitted. And lyke wyse for the kyng they that wyll challenge / and after the iudgement gyuen / the lande shall remayne in the kynges handes / vntyll the lande be gotten by the demaundant or som other chyef lorde / & the sheryf shalbe charged to aunswere therfore at the eschequer.

¶ The .xxxiii. Cha­piter.

FOr asmuche as many tenauntes sette vp crosses or cause to be sette vp in theyr handes in preiudyce of theyr lordes / so that the tenauntes shulde de­fende themselues agaynste theyr lordes / by the pryuylege of templars and hospytelers. It is ordeyned that suche landes shalbe inquered vpon for the kynge and the chyef lordes / in lyke maner as is prouyded for landes alyened in mort­mayne.

¶ The .xxxiiii. cha. pytre.

IT is prouyded that if any man frōhensforth do rauyshe any woman maryed / mayde / or other where she dyd not consente / nether before nor after / he shall haue iudgement of lyfe and mem­bre. And lyke wyse where a man rauys­sheth a womā maryed / ladye / damoysell / or other with force / although she cōsent afterward / he shall haue such iudgemēt as before is sayde / if he be attaynte at the kynges sute / for the kynge shall haue the sute / and for wymmen caryed [Page] awry with the goodes of theyr husban­des the kynge shall haue the sute for the goodes taken away / and if the wyfe wylfully forsake her husbande and go away and cōtynue with her aduouter / she shall be barred for euer of accyon to demaund her dower that she ought to haue of her husbādes landes / if it be proued agaynst her / e [...]cept that her husbande wyllyngly and without cohercyon of the churche reconcyle her and suffer her to dwel with hym / in which case she shalbe restored to her accyon / he that caryeth awaye a non [...]e from her house although she con­sent / he shalbe p [...]nished by thre yeres imprysonment / and shall make conuenyent satysfaccyon to the house / from whens she was taken / and neuertheles shalbe raunsomed at the kynges wyll.

¶ The .xxxv. Chapitre.

COncernyng chyldren malys or fe­malys (whose mariage belongeth to another) taken and caryed awaye / if the taker haue no ryght in the maryage though afterwarde he restore the chylde vnmaryed or els paye the maryage / he shall neuertheles be ponyshed by two ye­res imprysonment / and if he do not re­store / or do marye the chylde after the ye­res [Page 87] of consent / and be not able to satys­fye for the maryage / he shall abiure the realme / or haue perpetual imprysonmēt & therupon the playntyf shall haue such a wrytte. St A. fecerit [...]esecurum de cla­more suo. &c. tunc pone per vadium. &c. B. quod sit corā iusticiariis nostris. &c. ostensur. quare talem heiedem infra eta tem existe [...] cuius maritagium ad ipsum pertinent tall loco inuenit rapui [...] et ab­duxit contra voluntatem ipsius A. et cō tra pacem nostram▪ &c. And if the heyre be in the same countre / then this clause muste be added. Et diligenter inquiras vbi ille heres sit in balliua tua Et ipsum vbicunque inuenius fuerit capias / et saluo et secure custodias / ita quod cum habeas corā pre [...]atis iusticiatus nostris ad prefa [...]um terminum ad reddendum cui predictorum A. et B. reddi debeat. And sute shalbe made agaynste the par­tye defendant / vntyll he come in by dys / tresse / if he haue wherof he may be dys­trayned And if he wyll not be iustefyed / he shalbe outlawed for his contumacye. And if the heyre [...]e maryed or caryed in another countye / then a wrytte shall be directed [...]o th sheryt of the same shyre in this fourme, Questus est nobis A. quod [Page] B. nuper talem heredem infra et atem et in custodia sua existen̄ tali loco in comi­tatu tali rapuit / et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem. &c. Et ideo tibi precipimus quod predictum heredem vbicunque cum in balliua tua inuenire poteris / capias et saluo et secure eum custodias / ita quod cum habeas corā iusticiarus nostris. &c. tali die / qu [...]m idem A. habet versus pre­dictum B. ad reddendum cui de iure red­di debeat.

And if the heyre happen to dye before he be restored or afore he can be founde / the plee shall passe betwene them / ne­uertheles vntyll it be tryed who ought to haue had it / if it had ben lyuenge. And the rauyshour shall neyther be eased nor excused of the ponyshement aforesayde / by the death of the heyre whome he dyd witholde by wronge durynge his lyfe. And if the playntyfe dye before the plee tryed if the ryght belonge to hym by reason of his propre fee / the plee shalbe re­somoned at the sute of the heyre of the playntyfe / and the plee shall passe in due ordre / but if the ryght belonged to hym by another tytle / as by a tytle of gyfte / [Page 88] sale / or other lyke / then the ple shall be resomoned at the sute of the executours of the playntyf / and the plee shall passe / as before is sayd. In lyke maner if the defendaunt dye before the plee be tryed / or the heyre be restored / the plee shall passe by resomons betwene the playn­tyf his heyres or executours / and the executours of the defendaunt or his heyre / if the executours be not suffycyent to sa­tysfye for the value of the maryage af­ter as it is contayned in other statutes / but not as to the payne of imprysonmēt for none ought to be ponyshed for the of­fense of another. In lyke maner when a plee hangeth betwene partyes for the warde of lande or of an heyre by the co­mon wrytte that begynneth. Precipetall. &c. quod reddat. &c. resomons shalbe made betwene the heyres and executors of the playntyf▪ and lykewyse the heyres or executours of the defendaunt / if death preuente any of the partyes afore the plee be determyned / and when they haue passed vnto the great dystres / a daye shalbe gyuē within which .iii. shyre cour­tes may be holden at the leste in euery of whiche open proclamacyon shalbe made that the deforceour shall come into the [Page] benche at a daye cōtayned in the wrytte to aunswere the playntyf / at which daye if he come not and the proclamacyon be so testefyed ones / twyse / or thryse / the iugemēt shal passe for the playntyf sauyng the ryght of the defendant if afterwarde he wyll clayme it. In lyke maner it shal be done in a wrytte of trespas when any complayneth hymselfe to be putte from such wardshypes.

¶ The .xxxvi. cha.

FOr asmuche as lordes of courtes and other that kepe courtes and stewardes intendynge to greue th [...]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 / wapētakes / & 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 ye 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) [Page 89] 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 shalbe admytted / and if they be cō ­nycte hereupon they shalbe 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 knowē And if they take dystresses otherwyse & therupon be conuycte if the partyes gre­ued wyll purchase theyr wryttes of tres­pas they shalbe restored vnto theyr da­mages and greuously ponyshed towar­des the kynge.

¶ The .xxxviii. chapitre.

[Page]FOr asmuch also as sheryfes / hun­dredars / and bayllyfes of lybertes haue vs [...]d to greue theyr tenauntes put­tynge in assyses and iuryes men lyeke & decrep [...]te and men hauynge contynuall or so [...]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 shalbe 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 shalbe put in assyses and iuryes / though some ought to be taken in theyr owne shyre / that may dispend [...]esse then .xx. [...]. yerely. And if suche assyses and iuryes be taken out of the shyre ▪ none shall passe in them but that may dyspend .xl. [...]. yerely at the lest▪ except such as be wytnesses in dedes or other wrytynges / whose presence is necessarye / so they be able to trauayll. [Page 90] And this statute shall not extende to great assyses in whiche it behoueth ma­ny tymes knyghies to passe (not resydēt 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 shalbe awarded to the partyes greued / and shall neuerthe­lesse be amerced to the kyng. And iusty­ces assygned to take assyses / when they come into the shy [...]e shall haue power to here all playn [...]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 [Page] theyr wryttes orygynall and indicyall in the open coūtye / 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 shalbe 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 shalbe 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 delyueraūce of the wrytte to the she­ryf / if they knewe of the delyueraunce / and the inqueste shalbe retourned / and if it be founde by the inquest that the wryt was delyuered to hym / damages shalbe awarded to the playntyf or demaundant [Page 91] hauyng respecte to the qualy [...]e and quā ­tyte of the accyō / 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 whē 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 / wherupō 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 yt 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 / ye sheryf shalbe forthwith ponyshed as a dysherytour of the kynge and his crowne / and if peraduenture he retourne yt he hath delyuered the wrytte to a bayllyf of some lyberte that in dede hath retourne the sheryf shalbe commaū 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 [Page] 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 thēselues that no retourne was made to them the sheryf shalbe 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▪or do not acquyte themselues in maner aforesayd in euery iudycyall wrytte / so longe as the plee hangeth the sheryf shalbe commaundeth to spare for no ly­berte. &c. Many tymes also sheryses make false retourne vpon the poynte of issues. &c. retournyng sometyme & lyeng that there be no issues / sometyme that there are small issues when they may retourne great / and sometyme doo make mencyon of no issues ▪ wherfore it is or­deyned and agreyd ▪ that if the playntyf d [...]maūd [...] heryng of the sheryfes retourne [...] shalb [...] hym. And if he offce to au [...] [...]hat the sheryf myght haue re­tourned g [...]er issues vnto the kynge / he shall [...] a wr [...]tte iudicyall vnto the iusticies assygned to take assyses yt they shall inquere in presence of the sheryf (if [Page 92] they wylbe there) of what & how great issues the sheryf myght haue made re­tourne from the daye of the wrytte pur­chased vnto the daye contayned in the wrytte. And when the inqueste is retourned / if he haue not afore aunswered for the hole he shalbe charged with the ouer plus by the extre [...]es of the iustyces dely uered in the eschequer / and neuertheles shalbe greuously amerced for the concelement. And let the sheryf knowe that rentes corne in the graunge and all moua­bles (except horse / ha [...]neys / and houshold stuffe) be conteyned within the name of (issues) And the kynge hath commaun­ded that sheryfes shalbe ponyshed by the iustyces ones or twyse if nede be for such false retournes. And if they offende the. i [...]. tyme none shall haue to do therwith but ye kyng / they make also many tymꝭ false aunsweres retournynge that they coude not execute the kynges precept for feare of som great man / wherfore let the sheryfes beware frōhensforth / for such maner of aunsweres sounde muche to the shame of the kynge & of his crowne. And as sone as his vnderbayllyfes do testefye that they founde suche resys­tence / forthwith all thynges sette a [Page] part takyng with hym the power of the shyre he shall go in propre persone to do execucyon / and if he do fynde his vnder­bayllyfes false he shall ponyshe them by imprysonment / so that other by theyr example myght be reformed / and if he do fynde them true he shall ponyshe the re­systers by imprysonment / from whens they shall not be delyuered without the kynges specyall commaundement / and if the sheryf when he cometh do fynde resystence he shall certefye to the court the names of the resysters / ayders / consen­ters / commaunders / and fauoures / and by a wrytte indi [...]yall they shalbe atta­ched by the bodyes to apiere in the kyn­ges courte / and if they be conuy [...]te vpon suche resystence / they shalbe ponyshed at the kynges pleasure / nor any offycer of the kynges shall medle in assygnyng the ponyshement / for the kynge hathe reser­ued it specyally for hymselfe / because that resysters are had as dystourbours of his peace and realme.

¶ The .xl. Chapiter.

UUhere any wyth alyene the ryght of his wyfe / it is agreyd that from hensforth ye sute of ye wyfe or her heyre after the death of her husbande shall not [Page 93] be delayed by the nonage of the heyre yt ought to warrantyze / lut let the purcha­ser tarye (whiche ought not to haue ben ignoraunt that he bought the ryght of another) vntyll the age of his warraun­tour to haue his warrauntye.

¶ The .xli. Chapitre.

OUr soueraygne lord the kyng hath ordeyned that if abbottes / pryours / kepars of hospytalles / and other rely­gyous houses founded by hym / or by his progenytours / do fromhensforth alyene landes gyuen to theyr houses by hym or by his progenitours / the lande shalbe taken into the kynges handes / and holden at his wyll / and the purchaser shall lese his recouerye aswell of the landes as of the money that he payed. And if the house were founded by an erle / baron / or of a meaner persone / for the landes so alyened he from whome / or from whose auncetour the lande so alyened was gy­uen shall haue suche a wrytte to recouer the landes in demean. Precipe tali abbati quod iuste. &c. reddat B. tale tenemen­tum quod eidem domui collatum fuit in liberam elemosinam per predictum B. vel antecessores suos / et quod ad predic­tum B. reuerti debet per alienacionem / [Page] quam predictus abbas fecit de predicto tenemento contra formam collaciouis predicte / vt dicit. In lyke maner for lan­des gyuen to maynteyne a chaunterye / or a lyght in a churche / or chapell / or other almes to be maynteyned / if the lande so gyuen be alyened / & if the lande so gyuen for a chauntery / lyghte / suste­nāce of pore people / or other almes to be maynteyned or done be not alyened / but suche almes is withdrawen by the space of two yeres / an accyon shall lye for the donour of his heyre to demaunde the lande so gyuen in d [...]m [...]an / as it is ordayned in the statute of Gloucestre for lan­des lessed to do or to yelde the .iiii. par [...]e of the value of the lande or more.

¶ The .xlii. Chapitre.

COncernynge the kynges marshal­les of fee / chaūberlaynes / porters in the circuyte of iustices and seriauntes bearynge the v [...]erge before iustyces at westmynster that haue ye same offyce by fee and that are more by reason of theyr fee then they haue vsed to are / wherfore many do complayne on them / that haue knowen and seen the ordre of the courte of longe tyme / our soueraygne lorde the kyng hath caused it to be inquered what [Page 94] the sayd officers of fee haue vsed to haue in tymes passed by an inquest and hathe ordeyned & comaūdeth that the marshal of fee which of due aryth a palfroy of er­les / barons / and other holdyng by a part of a baronye when they haue made ho­mage / and another palfroye also when they are made knyghtes / & of some that ought not to gyue any they are a pal­froye / hath ordeyned that the sayd mar­shal of euery erle & baron holdyng by an entyer baronye shalbe cōtented with one palfroy or with the pryce of it such as he hathe vseth to haue of olde / so that if he toke a palfroye or the pryce of one at the doynge of his homage in fourme afore­said he shal take nothing whē he is made knyght / & if he toke nothyng at ye doyng of his homage / whē he is made knyght / he shall take. Of abbottes & priours / holdyng an hole barony whē they do homage or fealte for theyr baronyes he shall take one palfroye or ye pryce as afore is said / & this shal also be obserued agaynst archbyshops & byshops of such as holde but a part of a baronye whyther they be religyous or secular / he shall take accor­dyng to the porcion of the baronye that they hold / of religious men yt hold i free [Page] almes and not by a baronye nor part of a baronnye the marshall from hensforth shall demaunde nothyng. And our soue­raygne lorde the kynge hath graunted that by this estatute the marshall of fee shall not be barred hereafter to demaūde more if he can shewe that he hath ryght vnto more. The kinges chamberlaynes frō hensforth shall haue of archebyshops byshops / abbottes / pryours / and other persones spirituall / of erles and barons holdyng an intyer baronnye / a reasona­ble fyne when they do theyr homage or fealte / and if they holde by a parte of a baronnye they shall take a reasonable fyne accordyng to the porcyon that fal­leth other abbottes / pryours / persones spirituall and temporall that holde no intyer barronnye nor parte of a barron­nye / shal not be dystrayned to make fyne as they yt holde by a barronnye / or part of a baronnye shall / but the chaumber­layne shalbe contented with his vpper garment or with the pryce therof which is done in fauour of persones relygyous more then of lay persones / for it is more conuenyent / that relygyous men shulde rather fyne for theyr vpper garmēt thē to be strypped.

¶ The .xliii. Chapitre.

[Page 95]IT is prohybytte from hensforth to hospytelers and templars that frō hensforth they shall implede no man be­fore the kepars of theyr pryuyleges for any matter the knowledge wherof be­longeth to the kynges court / and if they do fyrst they shall yelde damages to the partye greued and shalbe greuously po­nyshed vnto the kynge. The kyng also commaundeth to kepars of such pryuy­leges that frō hensforth at the instaūce of hospytelers / templars / or other perso­nes pryuileged they graunt no citacyōs afore it be expressed vpon what matter the citacyon ought to be made. And if the kepars do see that a citacyon is re­quyred vpon any matter the knowledge wherof belongeth to the kynges court / the kepars shall neyther make no knowledge the citacyon / and if the kepars do otherwyse they shall yelde damages to the partye greued / and neuerthelesse shalbe greuously ponyshed by the kynge. And forasmuch as such persones pryuyleged depute relygyous men as theyr kepars / subpryours / presentours / se [...]tens / that haue nothyng to satysfye the par­tyes greued nor the kynge and be more bolde to offend the kynges dignyte then [Page] theyr superyours whiche can not be po­nyshed by theyr temporalles. Let prela­tes therfore be ware from hensforth that they doo not fuffer theyr obedientes to presume any iurysdiccyon in preiudyce of the kynge and his crowne / and if they do theyr superiours shalbe charged ther with asmuch as if they had ben conuyet vpon theyr propre acte.

¶ The .xliiii. Chapitre.

COncernynge porters bearyng the v [...]erge before iustyces of the bench in the circuy [...]e / it is prouyded that of euery assyse and iurye that they kepe they shall take .x. d. only and for the bylles of such as recouer theyr demaūdes agaynst many by defaute / cōfessyon or otherwyse by indgement they shall take nothynge. Of suche as go without daye by defaute of the demaundāt or playntyf nothyng. And if any recouer his demaūde agaynst many by one wrytte & by recognysaunce of ye assyse or iurye / they shal take .iiii. d. And lykewyse if many named in one wrytte do recouer theyr demaūde by re­cognysaunce of the assyse or iurye / they shall take .iiii. d. Of suche as do homage in the benche they shall take the vpper cloth. Of great assyses / attayntꝭ / iuryes [Page 96] and batayll waged .xii. d. Of suche as be vouched before iustyces to sue or to de­fende theyr plee / they shal take no thyng for theyr comyng in or forth. At ye plees of the crowne for euery dosen .xii. d. shall be taken / for euery gayle delyuere .iiii. d. shalbe taken of euery one whose peace is ꝑ claymed xii. d. only shalbe takē. Of the fynders of men slayne / and other of a towne attached .iiii. d. Ofty thynge men nothynge shalbe taken / of ingrosers for makynge a chyrografe it is ordeyned yt they shalbe cōtented with .iiii. s. Of clerkes wrytynge wryttes origynall & iudy­cyall / it is ordeyned that for one wrytte they shall take but .i. d. And ye kyng chargeth all his iustyces vpon theyr fayth & othe that they owe hym that if such offycers offende in any artycle agaynst this statute & cōplaynt come to them therof they shall execute on them reasonable ponyshmēt. And if they offende the secound tyme they shall awarde greater ponysh­mēt that they may be duely corrected / & if they offende the .iii. tyme & be therupō conuycted if they be offycers of fee / they shall lese theyr fee / & if they be other they shall auoyde the kynges court / & shal not be receyued agayne without the kynges specyall lycense.

¶ The .xlv. Chapitre

[Page]BEcause that of such thynges as be recouered before the chauncellour and iustyces of the kynge / that haue re­corde and be inrolled in theyr rolles / processe of a plee ought not to be made by somons / attachementes / essoyne / vyewe of lande / and other solempnytes of the courte as hath ben vsed to be done in bargaynes and couenaūtes made out of the court / fromhensforth it is to be obserued that suche as are founde inrolled before them that haue recorde / or conteyned in fynes / whyther they be contractes / couenauntes / oblygacions / seruyces / or customes knowledged or inrolled wherin the kynges court without offense of the law and custome may execute theyr authori­te / fromhensforthe they shall haue suche power that hereafter it shall not nede to plede for them / but when the playntyfe cometh to the kynges court if the recognysaunce or fyne leuyed be freshe that is to say within the yere / he shall forhwith haue a wryt of the recognysaunce made. And if the recognysaunce were made / or the fyne leuyed of a further tyme passed / the sheryf shalbe commaunded that he do to wyte vnto the partye of whome it is complayned that he be afore ye iustyces [Page 97] at a certayn day to shewe if he haue any thynge to shewe why suche matters in▪ rolled or cōtayned in the fyne ought not to haue execucyon. And if he do not ap­pyere or peraduenture if he com and can nothynge saye why execucion ought not to be done / the sheryf shalbe commaun­ded to execute the thyng inrolled or con­tayned in the fyne. In lyke maner an ordynarye shalbe commaunded in his case obserued / neuerthelesse as before is sayd of a meane whiche by recognysaunce or iudgement is bounde to acquyte.

¶ The .xlvi. Chapiter.

UUheras in a statute made at Merton it was granted that lordes ofMertō .iiii. Chap. waste woodes and pastures myght ap­prowe the sayd waste woodes and pas­tures notwithstādyng the gayne sayeng of the tenātes / so that the tenantes haue suffycient pasture to theyr holde with free entre and reentre to the same. And for asmuch as no mencyō was made be­twene neyghbour and neyghbour many lordes of waste woodes and pastures haue ben troubled heretofore by the contradiccyon of neyghbours hauyng suf­fycyent pasture. And for because foreyne tenantes hauyng no more ryght to commune [Page] in the waste woodes or pastures of any lorde / then the lordes owne tenaū tes. It is ordeyned that the statute of Merton prouyded betwen the lorde and his tenantes / fromhensforth shall holde place betwene lordes of waste woodes / and pastures / and neyghbours / sauynge sufficyent pasture to his seruauntes and neyghbours / so that the lordes of suche waste woodes / and pastures / may make approwement of the resydue / and this shalbe obserued for suche as clayme pas­ture as apportenant to theyr lande. But if any do clayme commune of pasture by specyall feffement or graunte for a cer­tayne noumbre of beastes / or otherwyse that is due by the comen lawe / where as couenaunte barreth the lawe / he shall haue suche recouere as ought to be had by fourme of the graūte made vnto hym by occasyon of a mylle / wyndmyll / ber­karye / deyerye / inlargyng of a courte or curtylage / fromhensforth no man shal­be greued by assyse of nouell dysseson for commune of pasture. And where some­tyme it chaunceth yt one hauyng ryght to approwe doyth leuye a dyke or an hedge and somtyme by nyght or at another season that they suppose not to be espyed [Page 98] do ouerthrowe the hedge or dyke / and it can not be knowē by verdytte of the as­syse or iurye who dyd ouerthrowe the hedge or dyke. And men of the townes nere wyl not indyte such as be gylte therof / the townes nere and adioynyng shal­be dystrayned to leuye the hedge or dyke at theyr owne custe and to yelde dama­ges. And where one hauyng no ryght to commune vsurpyth cōmune what tyme the heyre is within age / or what tyme a woman is couert or the pasture be in the handes of tenantes in dower / by the curtesye / or otherwyse for terme of lyfe / or yeres / or in fee tayle / and the pasture be longe vsed / many holde opynion that such pastures ought to be called appur­tenant vnto frehold / and that the owner ought to haue accyon by a wryt [...]e of no­uel dysseson / if he be deforced of such pas­ture / but fromhensforth this ordre shal­be kept that such as haue entred within the tyme that an assyse of mort­dauncetour lyeth / if they had no cōmune before a wryt of nouel disseson shal not lye for them / if they be de­forced.

¶ The .xlvii. Chap.

[Page]IT is prouyded that the waters of Humbre / Owse / Trente / Done / Arte / Derewent / Wherf / Nydryore / Swale / Tese / Tyn / Eden / and all other waters wherin salmons be taken shalbe defended for takyng salmōs from the natyuyte of our lady vnto sayncte Marty­nes daye. And lykewyse that yonge sal­mons shall not be taken nor dystroyed by nettes / nor by other engyns at myll­polys from the myddes of Aprell vnto the natyuyte of sayncte Iohan Bap­tyste and in places where as freshe wa­ters be / there shalbe assygned ouerscars of this statute / which beyng sworne shal oftentymes see and inquere of the offen­dours / & for the fyrste trespas they shall be ponyshed by burnyng of theyr nettes. And for the secounde / they shall haue imprysonment for a quarter of a yere. And for the thyrd trespas they shalbe impry­soned an hole yere / and as the trespas increasyth so shall the ponyshement.

¶ The .xlviii. Chapitre.

FOr vyewe of lande it is ordeyned and prouyded that fromhensforth vyewe shall not be graunted but in case where the vyewe is necessarye / as if one lese lande by defaute / and the lesar mo­ueth [Page 99] a wrytte to demaunde the same lande / and in case where one by an excepcyon dylatorye abateth a wrytte / after the vyewe / as by nontenure or the mys­namyng of the towne or such lyke / if he purchase another wrytte in that case frō hensforth the vyewe shall not be graunted / if he had vyewe in the fyrst wryttes. In a wryt of dower where the demaūde is of lande that the husbande alyened to the tenant or his auncetour / where the tenant ought to take knowledge what lande the husbande dyd alyene to hym or his auncetour / though the husbande dyed not seasyd / yet frōhensforth vyewe shall not be graunted. In a wrytte of entre also where the demaundant mys▪ named the entre / if he purchase another wrytte of another entre if the tenant in the fyrste wrytte had vyewe / he shall not haue it in the secounde. In wryttes also where landes be demaunded by reason of a lesse made by the demaundāt or his auncetour / vnto the tenant and not his auncetour / as yt he lessyd to hym beyng within age / not hole of mynde / beyng in pryson / and such lyke / vyewe shall not be graunted hereafter / but if the demyse were made to his auncetour the vyewe [Page] [...] [Page] [...] [Page] shall lye as it hath done before.

THe chauncellour / treasourer / iustyces / nor none of the kynges coun­sel / noThe. xlix [...]apitre. clerke of the chauncery / nor of the eschequer / nor of any iustyce / or other of­fycer / nor none of the kynges house / pre­ste / nor lay man shall take any churche / nor aduowson of a churche lande nor tenement / by gyfte / sale / nor to ferme / ne for partakynge / nor otherwyse so longe as any thynge is in plee before vs or before any of our offycers / nor shall take no rewarde therof / & he that doyth cōtrary to this acte / other hymself / or by another / though he make no stryfe / shall be ponyshed at the kynges pleasure / as­wel he that purchaseth as he that wyth. All the sayd statutes shall take effecte at the feast of saynct Myghel next coming so that by occasyon of any offences done on thys syde the sayd feaste contrary to any of these estatutes / no ponyshement mencyoned within these estatutes shalbe executed vpon the offenders. Moreouer cōcernyng the statutes prouyded where the law fayled & for remedies / lest sutors comyng to ye kynges court shold depart frō thens without remedye / they shall haue wryttes prouyded in theyr cases / but they shall not be pleded vntyll the feaste of saynct Myghell aforesayd.

¶ Here begynneth the statute of west̄ thyrd / made the .xviii. yere of Ed. the .i.

FOr asmuche as purchasers of lan­des and tenementes of the fees of great men and other lordes / haue many tymes in tymes passed entred into theyr fees to the preiudyce of the lordes / wher upon the freholders of suche great men haue solde theyr landes to such purcha­sers in fee to be holden of the feffours & not of the chyef lordes of the see / wher­by the chyef lordes haue many tymes lost theyr escheates / maryages / ward­shyps of landes and tenemētes beyng of theyr fees / whiche thynge semyth very harde & extreme vnto suche lordes / and moreouer in this case manyfest dishery­taunce. Our soueraygne lorde the kyng in his parlyament at westmynster after Easter the .xviii. yere of his raygne that is to wyte in the quynzyeme of S. Johā Bap. at the instaunce of the great men of the realme hath prouyded and ordey­ned / that frōhensforth it shalbe lefull to euery free man to sell at his owne plea­sure his landes & tenementes or parte of them / so that the feffee do holde the same lande or tenemēt of the chyef lorde of the fee by such seeuyces and customes as his feffour helde before.

¶ The .ii. Chap.

ANd if he sell any parte of such lan­des or tenemētes to any / the feffee shall immedyatly holde it of the chyef lorde and shalbe forthwith charged with the seruyces / as moch as pertayneth / or ought to pertayne to the sayd chyef lord for the same parcell accordynge to the quantyte of the lande or tenemēt so sold / And so in this case the lord shall take the same parte of the seruyce by the handes of the feffee / wherby he ought to be at­tendaunt and aunswerable to the same chyef lorde accordynge to the quantyte of the lande or tenemēt 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 tenemētes or parcelles of thē / 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 w [...]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 [Page 101] apostle nexte comynge /

¶ 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 oftē vsed thā 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 cō c [...]lement and latches. Our soueraygne [Page] 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 shalbe 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 shalbe suche / that is to wyte / that the people dwellyng in th [...] [Page 102] countre shalbe 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 shalbe aunswerable for the robboryes done. And if the robborye chaunce to be done in the diuysiō of two hundredes / in suche case bothe hundre­des and also the fraunchyses whiche be within the precync [...]es of them shall be aunswerable. And after that the felonye or robborye is done the coūtre 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 ye kyng wylnot yt 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 shalbe res­pyted vntyll the Easter nexte folow­ynge / within whiche tyme the kynge maye see howe the countre wyll or­dre themselues / and whyther suche [Page] 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 shalbe 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 shalbe 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 cōtrary 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. [Page 103] 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 straūgyers do passe by them he shalbe arrested vn­to mornyng. And if no suspicion be foūde they shall go quyte / & if they fynde cause of suspeccyon / they shall forth with dely­uer hym to the sheryf / and ye 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 shalbe ponys­shed.

¶ The .iiii. Chapitre.

ANd further it is comaunded that hygh wayes ledyng from one merchaunte towne to another shalbe 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 [Page] of eche syde the way / so that this statute shall not extende vnto ashes nor vnto great trees / for that it shalbe 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 shalbe aunswerable for the felonye. And if murdre be done / the lorde shalbe 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 ye wayes shalbe 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 frō the hygh waye as before is sayd / or that he make such a wal / dyke / or woode that the yuell doers maye not passe ne re­tourne for to do yuell.

And further it is comaunded that euery mā haue in his house harnes for to kepe the peace after the auncyen assyse / that is for to saye euery man betwyxte .xv. yeres of age and.xl. yeres shalbe assessyd [Page 104] and sworne to armour accordyng to the quantyte of theyr landes and goodes / that is to wyte / from .xv. li. landes and goodes .xl. markes / that is to wyte an hawberke / a brest plate of yron / aswerde a knyfe / and an horse. And from .x. li. of landes / and .xx. markes goodes / a haw­berke / a brest plate of yron / a swerde / and a knyfe / and from .v. li. landes / a dublet / a brestplate of yron / aswerde / & a knyfe. And from .xl. s. lande & more vnto. C. s. of lande a swerde / a bowe and arrowes / and a knyfe. And he that hath lesse then xl. s. yerely shalbe sworne to kepe gysar▪ mes / knyues / and other lesse weapons. And he that hath lesse then .xx. markes in goodes shall haue swerdes / knyues / & other lesse weapons / and all other that may shall haue bowes and arrowes out of the foreste and in the forest bowes and arrowes. And that vyewe of armour be made euery yere two tymes. And in all hundredes & fraunchyses two cōstables shalbe chosen to make the vyewe of ar­mour & the cōstables aforesayd shal pre­sent before iusticꝭ assygned such defautes as they do see in the countre aboute ar­mour / and of the sutes of townes and of hyghe wayes / and also shall present [Page] all such as do lodge straungyers in vp­landyshe townes / for whome they wyll not aunswere. And the iustyces shall present also at euery parlyamente vnto the kyng such defautes as they haue found / and the kynge shall prouyde remedye therin. And from hensforth let sheryfes take good hede & bayllyfes within theyr fraunchyses & without / be they hygher or lower that haue any baylewyke or forestrye in fee or otherwyse that they shal folowe the crye with the countre / and after as they are bounden to kepe horses & armour so to do / and if there be any that do not / the defautes shalbe presented to the iustyces assygned and after by them to the kynge / as before is sayd / and the kynge shall prouyde remedye / and the kynge comaundeth and forbyddeth that fromhensforth neyther fayres nor mar­kettes be kepte in churchyardes / for the honour of the church / youen at wynche­stre the .viii. day of Octobre the .xiii. yere of kynge Edwardes reygne.

¶ Here begynneth the statute of merchauntes made the .xiii. yere of kynge Ed­warde the fyrst.

[Page 105] FOr asmuch as merchauntes which heretofor haue lente theyr goodes to dy­uers persons be now fal­len in pouerte / because there is no spedy remedye prouyded / wherby they may shortely recouer theyr dette at the day of paymēt assessyd. And for this myschyef many marchauntes are lothe to come into the realme with theyr merchaundyse to the great damage of such merchaunees and of all the realme. The kyng and his coū sell at his parlyament holden at Acton Burnell after ye feast of saynt Myghel the .xl. yere of his raygne hath ordayned these establyshementes therupon for the remedy of suche merchauntes / whiche ordynaunces and establyshementes the kynge commaundeth that they shalbe firmely kepte and obserued through out his realme / wherby merchauntes may haue remedy and lesse trouble and busy­nes to recouer theyr dettes then they haue had heretofore. But for asmuch as merchaūtes afterwarde complayned vn to the kynge that sheryfes mysinterpre­ted his statutes / and sometyme by ma­lyce and false interpretacyon delayed the [Page] execucyon of the statute to the great da­mage of merchauntes. The kyng at his parlyament holden at westmynster af­ter Easter the .xiii. yere of his reygne caused the sayd statute made at Acton Burnell to be rehersed. And for the de­claracion of certayne artycles in the statute aforesayd hath ordeyned and esta­blyshed / that a merchaunte for the as­suraunce of his dette shall cause his det­tour to come before the mayer of Londō or before som chyef wardcyn of the cyte / or of another good towne / where the kynge shall appoynt / & before the mayer chyef wardeyn / or other suffycyent men chosen & sworne therto / when the mayer or chyef wardeyne can not attende ther to / and before one of the clerkes that the kynge shall therto assygne when bothe can not be attendant / he shal knowledge the dette and the daye of payment / and the recognysaūce shalbe inrolled by one of the clerkes handes beynge knowen / & the rolle shalbe double / wherof one shall remayne with the mayer or chyef war­deyne & the other with the clerkes that therto shalbe fyrste named. And further one of the sayde clerkes with his owne hande shall wrytte an oblygacyon wher vnto the seale of the dettour shalbe putte [Page 106] with the kynges seale / prouyded for the same intent which seale shalbe of two pecys / wherof ye greater pece shal remayn with the mayer or the chyef wardeyne / & the other in the kepynge of the foresayd clerkes. And if ye dettour do not pay the dette at the day lymyted vnto hym / then shal the merchaūt com before the mayer and clerke with his obligacyon / & if it be founde by the rolle or wrytynge that the dette was knowledged & the day of pay­ment expyred the mayer or chyef war­deyne shall cause the body of the dettour to be taken / if he be laye when so euer be happyth to come in theyr power / & shall cōmytte hym to the prison of the towne if there be any / & shall remayne there at his owne costes / vntyll he hath agreyd for the det / & it is comaūded yt the kepar of the towne pryson shall reteygne hym vpon the delyuere of the mayer or chyef wardeyn / & if the kepar wyl not receyue hym / he shalbe aunswerable for the dette if he haue wherof / & if he haue not wher­of / he that commytted the pryson to his kepyng shall aunswere. And if the det­tour can not be founde by the mayer or chyef wardeyne then shall they or any of thē retourne into ye chaūcery vnder the [Page] kynges seale the recognysaunce of the dette / and the chauncellour shall dyrecte a wrytte vnto the sheryf in whose shyre the dettour happyth to be for to take his bodye / if he be laye and saufely to kepe hym in pryson vntyll he hath agreyd for the dette. And within a quarter of a yere after that he be taken his landes shalbe delyuered hym so that by the profyttes he may leuye and paye the dette. And it shalbe lefull vnto hym duryng the same quarter to sell his landes and tenemen­tes for the dyscharge his dettes and his sale shalbe good and effectuall. And if he do not agre within the quarter nexte af­ter the quarter expyred all the landes & goodes of the dettour shalbe delyuered vnto the merchaunt by a reasonable ex­tent / to holde them vntyll suche tyme as the dette is holly leuyed. And neuerthe­lesse the bodye shall remayne in pryson / as before is sayd. And the merchaūt shal fynde hym bread and water / & the mer­chaunt shall haue such season in the lan­des and tenemētes delyuered vnto hym that be may maynteyne wrytte of nouel dysseson / if he be put out and reddysseson also as of freholde to holde to hym and his assygnes vntyll the d [...]tte be payd. [Page 107] And as sone as the dette is leuyed the bodye of the dettour shalbe delyuered with his landes / and in suche wryttes as the chauncellour doyth awarde mencyon shalbe made that the sheryf shall certefye the iustyces of eyther benche howe he hath perfourmed the kynges commaundement at a certayned day at whiche day the merchaunt shalbe afore the iustyces if agrement be not made / and if the she­ryfes do not retourne the wrytte / or do retourne that the wrytte came to late or that they haue dyrected it to the bayl­lyfes of some frauuchyse / the iustyces shall do as it is contayned in the statute of westmynster. And if ye sheryf retourne that the bettour can not be founde / or yt he be clerke / the merchauntes shall haue wryttes to all ye sheryfes / or he shal haue the lande / and that they shall delyuer all the goodes and landes of the dettour by a reasonable extent / to holde vnto hym & his assygnes in the fourme aforesayd / & at the leste he shall haue a wryt to what sheryf that he wyll to take his bodye if he be laye / and to retayne ī maner afore sayd / and the kepar of the pryson ought to take hede that he muste aunswere for the bodye / or for the dette / and after that [Page] the dettours landes be delyuered to the merchaūt / the dettour may lawfully sell his land / so that the merchaunt haue no damage of the approwemētes / and the merchauntes shall always be allowed for theyr damages and all costes / la­bours / sutes / delayes / & expenses reaso­nable. And if the dettour fynde suretyes which knowlege thēselues to be pryncy­pall dettours after ye day passed / the sure tyes shalbe ordered in all thynges as is sayd of the pryncypal dettour / as to the arrest of body / delyuere of lādes & other thynges. And when the landes of the dettours be delyuered vnto the merchaū te / he shall haue season of all the landes that were in the hande of the dettour the day of the recognysaūce made / in whose handes so euer that they com afterward eyther by feffement or otherwyse / and after the dette payed / the dettours landes and the issues therof by feffement shall retourne agayne aswell to the feffee as the other landes vnto the dettours. And if the dettour or his suretyes dye / ye merchaūt shall haue none authoryte to take the body of his heyre / but he shall haue his landes as before is sayd / if he be of age / or when that he is of full age / vntyl [Page 108] suche tyme as he hath leuyed of the lan­des the amountāce & value of the dette. And also anothe [...] seale shalbe prouyded that shall serue for fayres / and the same shalbe sente vnto euery fayre vnder the kynges seale by a clerke sworne / or by the kepar of the fayre. And of the comy­nalte of London two merchauntes shall be chosen that shall swere / and the seale shalbe opened before them / and the one pece shalbe delyuered vnto the foresayde merchauntes / & the other shall remayne with the clerke. And before them or one of the merchauntes if bothe can not at­tende the recognysaunces shalbe takē as before is sayde / and before that the re­cognysaunces be inrolled the payne of the statute shall be openly redde before the dettour / so that afterwarde he shall not excuse hymselfe by ignoraunce of the payne wherto he bounde hymselfe / and to maynteyne the costes of the sayd clerke / the kyng shal take of euery. li. i. d. in euery towne where the seale is / except fayres where he shal take .i. d. ob. of ye li. This ordynaūce and acte the kyng wyl leth to be obserued frōhēs forth throughout his realme of Englande & Irelande amonges the whiche people they that [Page] wyll may make such recognysaunces / excepte Iuys to whome this ordynaunce shall not extende / and by this statute a wrytte of dette shall not be abated / & the chauncellour / iustyces of eyther bench & iustyces errauntes shall not be estopped to take recognysaunces of dettes before them knowledged and made / but the execucyon of recognysaunces made before them shal not be done ī the fourme afore sayd / but by the lawe and maner before vsed / and otherwyse prouyded in other statutes. Rex vic. salutem. Quia coram tali maiore vel custode talis ville vel co­ram custode sigilli nostri de mercatori­bus in nundinis de tali loco et tali cleri­co nostro A. recognouit debere B. tantū quod soluisse debuit tali die et tali anno quod idem B. nondum soluit / vt dicit. Tibi precipimus quod corpus predict [...] A. si laicus sit capias / et ī prisona nostra saluo custodiri facias / quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus. Scire fa­cias iustie.

per litteras tuas sigillatas / et habeas ibi hoc breue. Teste▪ &c.

¶ Here endyth the statute of merchauntes.

The statute of relygyous men.

WHereas of late it was prouyded that relygyous mē shulde not entre into other mens fees without spe­cyall lycense of the chyef lordes of whome such fees be holden immedyatly. And afterwarde relygyous men haue entred aswell in to theyr owne fees as in the fees of other men appropryeng and byeng them / and somtyme receyuyng of the gyft of other men / wherby the seruyces that are due of suche fees / & which at the begynnyng were prouyded for defense of the realme are wrongfully withdrawen. And the chyef lordes do lese theyr eschetes of the same / we therfore intendyng to prouyde conuenient remedy in the premysses by the aduyse of our prelates / [...]ries / barons & other our subiectes beyng of our coū ­sell / haue prouyded made and ordeyned that no person relygyous or other what so euer he be that wyll bye or sell any lā ­des or tenemētes / or vnder the colour of gyfte or lesse / or that wyll receyue by reason of any other tytle / what so euer it be landes or tenementes / or by any other crafte or engyn wyll presume to appro­pre to hymselfe vnder payn of fortayture [Page] of the same wherby such landes or tene­mentes may any wyse come into mort­mayne. we haue prouyded also that if any persone relygyous or other do pre­sume eyther by crafte or engyn to offend agaynst this statute / it shalbe leful to vs and other chyef lordes of the fee ymme­dyate to entre in the lande so alyened within a yere from the tyme of the alye­nacyon & to holde it in fee and as inhery­taūce. And if the chyef lorde ymmediate be necglygent & wyll not entre within the yere / then it shalbe lefull to the nexte chyef lorde immedyate of the fee / to en­tre in the same lande within halfe a yere next folowyng / & to holde it as before is sayd. And so euery chyef lorde ymme­dyate may entre in suche landes / if the next lorde ymmedyate be necglygent to entre in suche landes as before is sayd. And if all the chyef lordes of suche fees beynge of full age / within the .iiii. sees / & out of pryson be necglygent or slack in this behalfe / we ymmedyatly after the yere accomplyshed from the tyme that such purchases / gyftes / or apꝓpriacyōs happe to be made shall take such landes and tenementes into our hande / & shall infesse other therin by certayne seruyces to be done to vs for the defense of our re­alme [Page 110] / sauyng the chyef lordes of the fees wardes / & eschetes / & other seruyces due therunto due & accustomed. And ther­fore we comaund you / that ye cause the foresayd statute to be redde before you / & fromhensforthe to be kept firmely & ob­serued. Wytnesse of myselfe at westmyn­ster the .xiiii. daye of Nouembre the .vii. yere of our raygne.

¶ The statute of Champartye made the .xi. yere of Edward the fyrst.

UUhere it is cōteyned ī our statute that none of our court shulde take no plee for champartye or mayntenaūce neyther by craft nor engyn & pleders / at torneys / apprentyces / stewardes of no­ble mē & bayllyfes / & other of our realme take matters for champartye & by other debates all maner of plees agaynste all maner of persons / wherby al the realme is greatly greued / & aswell ryche men as pore be troubled many wayes. It is pro­uyded by comō accorde / that all such as frōhensforthe shalbe attaynted of suche part takyng sutes & bargaynes. And all suche as do assent therto shall haue thre yeres imprysonmēt / & for all that shalbe raūsomed at the kinges pleasure. Gyuē at Berwyk vpō twede the .xi. yere of the raygne of kyng Edward the fyrst.

¶ The statute for vyew of frankpledge made the .xviii. yere of Edwarde the secounde.

FIrste you shall say vnto vs by the othe that you haue made if all the iurours that owe sute to his courte / becomen and which not And if all the chyef pledges or theyr do­sens be come and whiche not. And if all the dosens be in the assyse of our soue­raygne lorde the kynge and whiche not / and who receyued them / and if there be any of the kynges vyllayns fugytyfe dwellyng other where then in ye kynges demeanes and of such as be within the kynges demeanes and haue not abyden a yere and a daye. And if there be any of the lordꝭ vyllaynes in frākpledge other­where then in this court. Of customes & seruyces due to this court withdrawen / howe and by whome and in what bayl­lyfes tyme. Of purprestures made in landes / woodes / and waters to the annoy­aunce / of walles / houses / dykes & hed­ges set vp or beten downe to the annoy­aunce. Of boundes withdrawen & taken away. Of wayes and pathes opened or [Page 111] stopped / of waters torned or stopped and brought frō theyr ryght course / of brea­kers of houses and of theyr receyuors / of comen theues and of theyr receyuours / of pety brybours as of gese hennes or shewys / of theuys that stele clothes or shefes / of such as go ī message for theues of cryes leuyed and not pursuyd / of blod­shed and of frayes made / of eskapes of theues or felons / of persones outlawed not hauynge the kynges warraunte / of wymmen rauyshed not presented before the corowners / of clyppers and forgers of money / of treasour founde / of the as­syse of bread and ale broken / of false measures as of bushelles / galons / yerdes and elles / of false balaunces / and weyghtes / of such as haue double measure / and bye by the great and sell by the lesse. Of such as contynually haunt tauernes / and no man knowyth wheron they do lyue / of such as slepe by daye & watch by nyght / and fare wel and haue nothyng / of cloth sellars & curryours of lether dwellynge out of merchaūt townes / of such as take church or churchyarde and after depart without makyng lassesse / of persons imprysoned and after let go without mayn prys / of such as take doues in wynter by [Page] dorefalles or engyns. And of all these thynges you shall do vs to wyte by the othe that you haue taken.

¶ Here endeth the statute of vyewe of Frankpledge.

¶ Here begynneth the statute of bread and ale made the .li. yere of kynge Henry the thyrde.

WHen a quarter of wheate is sold for .xii. d. then wa­stell bread of a ferthynge shall waye .vi. li. & .xvi. s̄. Bread coket of a ferthing of the same corne and bultell shall waye more then wastel by .ii. s. Coket bread made of corne yt is of lesse pryce shal way more then wastel by. d. s̄. A symnell of a ferthyng shall way .ii. s̄. lesse then wastel. Bread made of the hole wheat shall waye a coket & an halfe / so that a coket shall waye more then was­tell by .v. s̄. Bread of trete shall waye .ii. wastelles. Bread of comen wheat shall waye .ii. great cokettes / when a quarter of wheat is solde for .xviii. d. a wastel lofe of a ferthyng shal way .iiii. li. x. s̄ .viii. d. when a quarter of wheat is sold for .ii. s̄. then a wastell lofe of a ferthynge shall waye .lxviii. s̄.

When it is solde for .ii. d .vi. d.liiii. s̄ .iiii. d. ob. q̄.
when for .iii. s̄.xlviii. s̄.
when for .iii. s̄ .vi. d.xlii. s̄.
when for .iiii. s̄.xxxvi. s̄.
when for .iiii. s̄ .vi. s̄.
when for .v. s̄.xxviii. s̄ .ii. d. ob.
when for .v. s̄ .vi. d.xxiiii. s̄ .viii. d. q̄.
when for .vi. s̄xxii. s̄ .viii. d.
when for .vi. s̄ .vi. d.xix. s̄ .xi. d.
when for .vii. s̄.xix. s̄ .i. d.
when for .vii. s̄ .vi. d.xviii. s̄ .i. d. ob.
when for .viii. s̄.xvii. s̄.
when for .viii. s̄ .vi. d.xvi. s̄.
when for .ix. s̄.xv s̄. q̄.
when for .ix. s̄ .vi. d.xiiii. s̄. iiii: d. ob. q̄.
when for .x. s̄.xiii. s̄ .vii. d. ob.
when for .x. s .vi. d.xii. s .xi. d. q̄.
when for .xi. s.xii. s̄ .iiii. d. q̄.
when for .xi. s .vi. d.xi. s .x. d.
when for .xii. s.xi. s .iiii. d.

And then a baker of euery quarter of wheat (as it hath ben prouyd by the kynges bakers) may gayne .iiii. d. and the branne / and .ii. loues for auauntage / for thre seruauntes .i. d. ob. for two laddys. ob. in salte. ob. for knedyng. ob. for can­dell. q̄. for woode .ii. d. for his bultell. ob. [Page] when a quarter of wheat is solde for .iii. s̄. or .iii. s̄. and .iiii. d. And a quarter of barley at the pryce of .xx. d. or .ii. s̄. And a quarter of otys at .xvi. d. then brewars in cytes ought and may well aforde and sell .ii. galons for .i. d. And out of cytes they may sell .iii. or .iiii. galons for .i. d.

¶ Here endeth the statute of assyse of bread and ale.

¶ Artycles for the clergye made the ix. yere of Edward the secoūd.

EDwarde by the grace of God kyng of Englād. &c. Vnto all to whome these our presente lettres shall come / greatyng. Vnder­stand ye that where as of late in the tymes of our progenytours sometymes kynges of Englande in dy­uerse theyr parliamentes. And lykewyse after that we had vndertaken the gouernaūce of the realme in our parlyamētes many artycles cōteynyng dyuerse gree­ [...]es commytted agaynste the churche of Englande the prelates and the clergye were purposed & further great instaunce was made that remedye myght be pro­uyded therin. And of late in our parlya­ment [Page] holden at Lyncolne the .ix. yere of our raygne the artycles vnderwryten / with certayne aunsweres made to some of them heretofore / were rehersed before our counsell / and haue made certayne aunsweres to be corrected and to the re­sydue of the artycles vnderwrytten aunsweres haue ben made by vs & our coun­sell / of which sayd artycles with the aunsweres to the same the tenors here do folowe. Fyrste where laye men do pur­chase prohybicyons generally vpon ty­thes / obuencyons / oblacyons / mortua­ryes / redemynge of penaunce / vyolent layenge hande on clerkes or bygomes / and in causes of dyffamacyon / in which cases spiritual penaunce ought to be in­ioyned. Our soueraygne lorde the kynge hath aunswered to this artycle / that in tythes / oblacyons / obuencyons / mortuaryes (whē they are purposed vnder these names) the kynges prohybicyon shall holde no place / althoughe for the longe witholdyng of the same the money may be estemed at a summe certayne. But if a clerke or a relygyous man do sell his tythes being in his barne or other where to any man for money / if the mony be demaunded before a spirituall iudge the [Page] kynges prohybicyon shal lye / for by the sale the spiritual good are made tempo­rall / and the rythes turne into catelles. Also if the debate do aryse vpō the ryght of tythes hauynge his originall of the ryght of the patronage & quātyte of the same tythes do passe the .iiii. part of the goodes of the church / the kynges prohibicyon shall holde place / if the cause com before a iudge spiritual. Also if a prelate enioyne a penaunce pecunyarye to any man for his offense and it be demaūded / the kynges prohybicyō shal holde place / Nothwithstandyng if prelates enioyne a penaunce corporal and the partye wyl redeme such penaunces by money / if money be demaunded before a iudge spiri­tual / the kynges prohybicyon shal holde no place. Moreouer if any lay vyolent handes on a clerke / the amendes for the vyolence done shall be made in the kyn­ges cour [...]e. And for excommunicacyon before a prelate where penaunce corpo­rall is enioyned / if the defendour wyll redeme his penaunce by gyuynge money to the prelate or to the partye greued / it shalbe requyred before the prelate / and the kynges prohybicyon shall not lye. In dyffamacyons also prelates shall cor­recte [Page 114] in maner aboue sayd / the kynges prohybicyon notwithstandynge / fyrste enioynynge a penaunce corporal which if the offendour wyll redeme / the prelate maye frely receyue the money / though the kynges prohybicyon be shewed. Al­so if any do arere in his grounde a mylle of newe. And after the persone of the same prelate demaundyth tythe for the same / the kynges prohybicyon doth is­sue in this fourme. The aunswere. Quia de tali molendino hactenus deci­me non fuerunt solute prohibemus. &c. Et sententiam excommunicationis / si quam hac occasione promulgaueritis / re [...]e [...]is omnino.

In suche case the kynges wrytte or pro­hybicyon was neuer yet graunted by the kynges assente / nor neuer shall whi­che hath decreyd that it shall not here­after in suche cases. Also if any cause or mattyer the knowledge wherof belon­gyth to a courte spirituall / and be dyf­fynytyfly determyned before a spyry­tuall iudge / so that it passe into a iud­gement / nor was not in suspens by rea­son of any appeall / and afterwarde vpon the same thynge a case is moued before [...] temporal iudge and betwene the same [Page] partyes / & it be prouyd by wytnes or in­strumentes. The excepcyon shall not be admytted in a temporall court. The aunswere / when any one case is debated be­fore iudges spirituall and temporall / as aboue aperyth vpon the case of layenge violent h [...]des on a clerke. It is thought that notwithstandyng the spirituall iudgement / the kynges court shall dyscusse y [...] same matter / as the party shall thynk most expedyē [...] for hymselfe. Also the kynges lettre dyrected vnto ordinaryes that haue wrapped theyr clyentes in the sen­tence of [...]xcommunicacyon / that they shulde asseyle them by a certayne daye / or els that they do appyere / and shewe wherfore they haue excōmunicated thē. The aunswere. The kyng decreyth that hereafter no suche lettre shalbe suffred to go forthe / but in case where it is founde that the kynges lyberte is preiudyced by the excommunicacyon. Also barons of the kynges eschequer challengyng by theyr pryuylege yt they ought to make aunswere to n [...]mā out of the same place extend the same pryuylege vnto the clerkes abydyng there beynge called to or­dres or vnto resydēce / and inhybytte the ordynary [...]s that in any wyse or for any [Page 115] cause (so longe as he is of the eschequer) they shal not call them to theyr courtes. The aunswere. It pleasyth our soue­raygne lorde the kyng that such clerkes as attend in his seruyce shalbe corrected by theyr ordynaryes lyke as other / but so longe as they are occupyed about his busynes they shal not be boundē to kepe resydence in theyr churches. This is put to of newe by the kynges counsell. The kyng and his auncetours syns tyme out of mynde haue vsed that clerkes duryng such tyme as they are in his seruyce shal not be compelled vnto kepe resydence at theyr benefyces. And such thynges as be thought necessary for the kynge and the comon welth / ought not to be called pre­iudicyall to the lyberte of the churche. Also the kinges offycers as sheryfes and other do entre spirituall fees to take di­stresses / and sometyme they take the persones bestes in the kynges hyghe way / where they haue nothynge but theyr glebe lande. The aunswere. The kyn­ges pleasure is that from hensforth such dystresses shall neyther be taken in the kynges hygh way / nor in the fees wher­with churches haue ben indowed / neuer thelesse he wylleth dystresses to be taken [Page] in possessions of the church newly pur­chased by the persone. Also when any that flye vnto the churche do abiure the realme accordynge to the custome of the lande / and laye men or theyr ennemyes do pursue them and plucke them from the kynges hygh waye / and are hanged or heded & whylst they be in the churche are kepte in the churchyard with armed men / and sometyme in the churche so straytly that they can not departe from the halowed grounde to emptye theyr belye / and can not be suffred to haue ne­cessaryes for theyr lyuyng. Thaunswer. They that abiure the realme so long as they be in the comen waye shalbe in the kynges peace / nor shalbe dystourbed of any man / & when they be in the churche theyr kepars ought not to abyde in the churchyarde / excepte necessyte or peryll of escape do requyre so. And so longe as they be in the churche / they shall not be compelled to auoyde / but 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 [Page 116] 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 frō ye places aboue sayd. The aū ­swere. The kynges pleasure is yt vpon the cōtentes in theyr peticyon frōhens­forth 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 shalbe done for corrodyes and pensyons eracted by compulsyon / wherof mencyō 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 / [Page] 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 aūswere. It was neuer yet denyed [...] nor shalbe 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 examynacyō belongeth to a spiritual iudge and so it hath ben vsed heretofore & shal­be 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 [Page 119] 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 abiuraciōs although here vpon they can not be theyr iudges / and so power is wrongfully gyuē 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 vnbrokē. The aunswere. A clerke fleyng to the church vpon [...]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 confessyō made before hym that is not lawfull iudge [Page] therof / be not suffycyēt wheron processe may be awarded or sentence gyuen / yet some tēporall 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 vpō theyr owne cōfession 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 ye 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 [Page 118] and commaūde 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 / execu [...]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 vexacyō / 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 cōplaynt 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 / [Page] and attayntes tryable out of the shyre [...] where they be dwellynge. And do spa [...] the ryche people & such as be more able by whom the truth of ye matter myght be better knowen / wherby great expen­ses and trouble doyth dayle and many­festly ensue to the impoueryshmēt of the sayd people and vtter dysheritynge / out sayd soueraygne lord prouydyng for the indempnyte of his people and desyryng to sette conuentēt 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 yt no sheryf / vndersheryf / or theyr bayllyfes nor baylly [...]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. s̄. 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 / i [...]yes / & recognysaunces try a­ble out of theyr propre coun [...]yes / so that [Page 119] 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. s̄. And lykewyse sauyng that before iusty­ces erraunt a holde comen plees in theyr [...]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 shalbe made lyke as it hath ben accusto­med in tymes passed. Rex. &c. Quia ad cōmunē vrilitatem populi nostri & regni de communi consilio [...]iusoem regni sta­tuerimus ne aliquis ponatnr in iuratis / assisis / seu recognitionibꝰ aliquibus extra comitatū suū propriū faciendis nisi habeat terras aut tenemēta ad valenciā [...]entum solid per annum ad minus / uec infra comita [...]ū suum nisi habeat terras aut tenementa ad valēciam .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 cōtintur / tibi precipimus [Page] 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 vpō ye statute of wynchestre whē 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. [...]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 [Page 120] statutes made theruppon afterwarde. And if the sheryf haue aunswered for ye 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 wa [...]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 weapōs in theyr houses accordynge to the quantyte of theyr landes & goodes for mayntenaūce of the peace accordynge to the statute. [Page] 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 cō ­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 formcacyō / 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 [Page 121] 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 demaūde a pensyon due to themselues. All such demaundes are to be made in a spirituall court. And for layeng vyolent hādes on a preste / and in cause of dyffamacion it hath ven graunted alredy that it shalbe 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 ye spiritual iuge shall haue power to take knowledge not withstanding the kynges prohybicyon.

¶ Here endeth the statute of cir­cumspecte agatis.

¶ Artycles agaynst the kynges ꝓhy.

UNder what fourme shal lay mē purchase prohybiciōs generally vpō 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 pro­hibyciō 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 frō 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 [Page 123] lay brother / for the peace broken amen­des shalbe made / before the kynge / & for the excōmuny 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 prohibyciō 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.


¶ The statute of dystresses of thesche­quer made the. [...] yere of kyng Ed .i.

FOr asmuch as the comynalte of the realme hath sustayned great losse & damage by wrongfull takynge of dystresses / which haue [...]en made by she­ryfes and by other the kynges vayllyfes for ye kynges det / or for any other cause. It is therfore prouyded and ordeyned that when a sheryf or any other man doyth take the beastes of other / they to whome the beastes do belong may gyue them theyr fedyng without disturbaūce (so longe as they be impoūded) without gyuynge any thynge for theyr kepyng. [Page] And that the beastes nor no nother dys­tres taken for the kynges dette / nor for any other cause be gyuē ne solde within xv. dayes after the takynge / and if any bryng a taylle of a payment made in the eschequer / the dystres shall cease. And if he brynge the taylle of any sheryf or bay lyf of paymēt made to them of the thyng demaunded and wyll fynde pledges that he appere in the eschequer vpon the next accoūt to do as ryght shal requyre / then the dystres shall cease. And the shery for bayllyf shall cause hym to be attached that ought to haue acquyted hym that he appere vpon the same accounte to do as ryght shall requyre / and there shall haue the names of the pledges / yet it is prouyded that no man of relygion / nor other shalbe dystrayned by his beastes that gayne his lande / nor by his shept for the kynges dette / nor for any other man / but vntyll they can fynde another dystres or catelles suffycyent / wherof they may leuye the dette / or that is suffy cyent for the demaunde / except impoundynge of beastes that a man fyndeth in his grounde damage fesaunt after the vse and custome of the realme. And that suche dystresses be reasonable after the [Page 123] value of the dette or demaunde and after conuenyent estymacyon and not outra­geous / howe be it the kyng wylleth and cōmaundeth that sheryfes or theyr bayl lyfes that haue receyued the kynges d [...] of the somōs of theschequer / & haue not acquyted the dettours therof at the next accoūt shalbe ponyshed after ye statutes made therupō / & the kynge wylleth that all dettes of somons of theschequer that the sheryf or bayllyf confessyth receyte shalbe allowed hym forth with / so that whyther he receyued all the det or part / it shall neuer come more in demaunde nor somons after the sheryf hath confes­sed the payment.

¶ Here endyth the dystresses of the eschequer.

¶ A dyffynicyon of conspiratours made the .xxxiii. yere of kyng Edwarde the fyrste.

COnspiratours be they ye do cōfedere or bynde thē selues by othe / couenaūt or other alyaunce / that euery of them shall ayde and bere the other falsely .. .. .. .. .. & malycyously to indyte or falsely to moue or maynteyne plees / [Page] and also suche as cause chyldren within age to appeall men of felonye wherby they are imprysoned and sore greued / & such as reteygue men in the coūtre with lyuerays or fees for to maynteyne theyr malycyous interpryses / and this doyth extende aswell to the takers as to the gyuers. And stewardes and bayllyfes of great lordes that by theyr seignourye offyce or power doo vndertake to bere or maynteygne quarels plees or debates that concerne other partyes then suche as towchen the estate of theyr lordes or themselues. This ordynaūce and fynall dyffynycyō of cōspyratours was made by the kyng and his counsell in his par­ly ament the .xxxiii. yere of his raygne.

¶ The statute of fynes leuyed made the .xxvii. yere of kyng Ed. 1.

FOr asmuche as fynes leuyed in our court ought and do make an ende of all matters and by cause therof are called fynes / where after wagyng of ba­tayll or the great assyse in theyr cases euermore they holde the laste and fynall place. And nowe by a certayn tyme pas­sed as well in the tyme of kyng Henry of famous memorie our graundfather / as [...] our tyme the partyes of suche fynes & [Page 124] theyr heyres cōtrary to the lawes of our realme of auncyent tyme vsed were ad­mytted to adnulle and defeate suche fy­nes / adlledgyng that before the fyne le­uyed and at the leuyeng therof and syns the demaundauntes or playntyfes or theyr auncetours were alwaye sesyd of the landes conteyned in the fyne or of some parcell therof. And so fynes law­fully leuyed were many tymes vniustely defeted and adnulled by turours of the countre falsely and malycyously procu­red▪ we therfore intendyng to prouyde a remedye in the premysses in our parlya­mēt at west mynster haue ordeyned that suche excepcyons / aunswers / or inquy­sicyons of the countre shall fromhens­forth in no wyse be admytted contrarye to suche recognysaunces or fynes. And further we wyl that this statute shal as­well extend vnto fynes heretofore leuyed as to them that shalbe leuyed here after. And let the iustyces see that such notes & fynes as hereafter shalbe leuyed in our courte be redde openly & solempnly / and that in the meane tyme all plees shall ceasse. And this must be at two certayne dayes in the weke accordyng to the dis­crecyon of the iustyces.

¶ The .i. Cha.

[Page] WE haue also ordeyned by thaduyse of our counsell / that from hensforth she­ryfes shal not be charged of any issues to be leuyed nor shall leuye any before they passe out of the eschequer there to be delyuered by the extreates of the ius­tyes. And that in the estreates of iusty­ces euery hed shalbe charged for issues forfay [...]ed / lyke as of amercymētes / and if peraduenture any sheryf wyl aunswer for the issues of any recognysour / pledge or maynpernour by hym assygned and retourned into our cour [...]e / whiche at the tyme of the retourne is not able to paye such issues or amercymentes / the sheryf shalbe charged and shal aunswere ther­fore in our eschequer. And let ye sheryfes beware vnder payne of great forfayture that from hensforth they do make tayl­les of all such money as they or theyr of­fycers haue receyued by our commaun­dement. And that they do not retourne any where the names of any maynper­nours or suretyes / iurours / or any other excepte such suretyes / maynpernours / or other accordynge to the tenour of our wryttes beynge dyrected to the sheryfes [Page 125] for the same cause / be lawfully and ma­nyfestly impanelled therupon. And they shall not retourne the names of any free men as pledges / without that they wyll playnely consente and agre to the same. And hereupō we haue enacted yt at one tyme certayn euery yere one barō & one clerke of our sayd eschequer shalbe sente through out euery shyre of Englande to inrolle the names of all suche as haue payed that yere dettes exacted of them by a grene were. And the same baron & clerke shall vyewe all suche taylles and inrolle them. And shall here and deter­myne complayntes made agaynste she­ryfes and theyr clerkes / and bayllyfes that haue done contrary to the premys­ses / and the offendours shalbe greuously ponyshed.

¶ The .ii. Chapiter.

FOr asmuche as sheryfes and other heretofore haue let out by pleuyn comon felōs and openly defamed beyng taken and imprysoned for murdre & felo­nye and such as be not repleuysable contrary to the fourme of our statute made at westmynster of persones repleuysable and not repleuysable / wherby such trās­gressours not repleuisable be let out / and for to delyuer them deceytfully before ye [Page] comyng to the iustyces erraunt or other assigned for theyr delyueraūce / they procure by themselues and by theyr frendes iurours of the countre / and some they threate wherby aswell for feare of the sheryfes & other yr let thym at large by suche pleuyn as for feare of the theues beyng so delyuered before iustyces assygned for gayle delyuerees suche felonyes and murdres are conceled and so beyng conceled remayne styll vnponyshed. We for v [...]re of our realme / & for the more assured conseruacion of our peace haue prouyded & ordeyned that iustyees assigned to take assyses in all shyres where they take assyses / as it is ordeyned incō tynēt after the assyses taken in the shy­res / shall remayne both togyther if they be lay. And if one of thē be a clerke / then one of the more discrete knyghtes of the shyre beynge assocyate to hym that is a lay man / by our wryt [...]e shall delyuer the gayles of ye shyres as wel within the lybertes as without of al maner of prysōs after the fourme of the gayle delyueres of those shyres before tymes vsed. And the same iustyces shall inquere then [...] sheryfes or any other haue let out by a pleuyn prysoners not repleuyable / or [Page] haue offended in any other thynge con­trarye to the fourme of the foresayd sta­tute lately made at westmynster / & they shall refourme and [...]onyshe them in all thynges accordyng to the fourme of the statute aforesayd.

¶ The .iii. Chap [...].

ALso where we haue prouided that none shalbe impanelled any wher out of the shyre where he is dwellyng in recognysaunces / inquestes / and iuryes / that hath lesse then. C. s̄. of land or rent wherby aswell they that haue more landes by to often apperynge aswell in our eschequer as before our iustyces of ey­ther benche / are moche impoueryshed / we therfore consyderyng the intolerable damage of our people / not onely for the dyscharge of suche iurours / but also for the more spedye mynistracion of iustyce to all partyes suyng in our courte / haue prouyded and ordeyned that inquestes & recognysaūces determynable before ius­tyces of eyther benche fromhensforthe shall be taken in tyme of vacacyon before any of the iustyces before whome the plee is brought beynge assocyate to one knyght of the same shyre where such inquestes shall passe / oneles it be an in­queste that requyreth great examinaciō. [Page] And so from hensforth in takyng suche inquestes the iustyces shal do as to them shall seme moste expedyent for the comō v [...]e of our realme / not withstandyng the statute lately made at westmynster / vpon the takyng of such inquestes / con­taynyng that if any inquestes be taken cōtrary to the fourme of the sayd statute they sholde be of none effect And therfore we commaunde straytly chargynge the that incontynent without further delay thou shalt cause to be redde and publys­shed in cytes / borughes / merchaunt townes / and other solepmne places through out thy lyberte where thou shalt thynke moste necessarye / all the artycles about sayd / the which we haue graunted / wyl­lyng them to be kept and obserued sted­fastely and without contradiccyon / and that thou notefye and declare all & syn­guler the premysses to all our lyege peo­ple without delaye / wytnesse. &c̄.

¶ Here endyth the statute of leuyeng fynes.

¶ The statute of Carlyll made the xv. yere of Edwarde the secounde.

[Page 127] THe kynge vnto the ius­tyces of his bench / grea­tynge. Where as of late we haue ordeyned that all suche fynes as are to be leuyed in our court be lawfully leuyed whiche we wyll in no wyse to be broken or to be adnulled of theyr power / we haue sente vnto you our mynde in wrytyng firmely to be obserued / that is to wyte / that as­well the partyes demaundant or playn tyf as the tenantes or defendantes that wylyelde or knowledge ryght / of landes or tenemētes vnto other in plees of warrauntye of chartour couenaunt & other wherupon fynes are to be leuyed afore you / before such fynes do passe / the par­ties shal appere personally so that theyr age / idyocye / or any other defaute beyng in them maye be iudged and dyscerned by you / prouyded alway that if any persone agyd or decrepyte / or impotent by casualtye be so oppressed & holden that by no mean he is able to com before you in our courte then in suche case we wyll that two or one of you by assent of the resydue of the benche shall vysyte the par­tye so dyseased and shall receyue his re­cognysaunce [Page] vpon the plee and fourme of plee that he hath in our court wher­upon the same fyne ought to be leuyed / and if there go but one he shal take with hym an abbotte / a pryour / or a knyght / a man of good fame and credence / and shall certefye you therof by recorde / so that all thynges incydente to the same fyne beynge eramyned by hym or them / the same fynes / accordyng to our former ordynaunce may be lawfully leuyed / yet we wyll not that any of our barons of theschequer / or our iustyces shall admy [...] any attorneys / but onely in plees & matters that passe before them in the ben­ches and in places where they be assyg­ned by vs. And the same power of ad­myttynge attornes we prohybytte & de­nye to the clerkes and seruauntes of the sayd barons & iustyces. And do ordeyne that if any attourneys be admitted here after by any of the persones aforesayd / theyr admyssyon shalbe of none effecte. Reserued alway in the chauncellour for the tyme beyng his authoryte in admy [...] tyng attorneys accordyng to whose dis­crecyon they shalbe admytted / & to out those iustyces as heretofore hathe ben obuerued in the admyssyon of attorneys [Page 128] we wyll also that this our ordynaunce shall take effecte and begynnynge at the vtas of the Trinite nexte insuyng.

¶ Here endeth the sta. of Carlyll.

¶ The statute of defendyng ryght made the .xx. yere of Ed .i.

WHē that any purchaseth a wrytte agaynst the te­nauntes by the curtesye / in taylle / in dower / for terme of lyfe / or of yeres / and ye demaundāt suyth so ferre yt the landes be in maner recouered / wherupō another comyth in before iudgement gyuē & sayth yt he hath fee & ryght in those lādes / & prayeth ye court that in asmuch as he is com before iud­gemēt he may be receyued to defend his ryght & to make aunswere vnto the de­maundant therof by force of a certayne statute lately made by the kyng yt now is at westm̄ / wherby aswell such as had no ryght as they that had ryght often­tymes in the case afore mencyoned / falsely and in deceyte of the courte dyd [...]om in and pray to be receyued to make [Page] aunswere to the intēt that theyr admys­syon myght prolonge the demaundant frō the attaynyng vnto iudgement and season of his lande and for 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 vsed [...] 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 frōhensforth 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▪and desyreth to be receyued / before his receyte he shall fynde suffycient suretye▪(as the courte wyll awarde) to satysfy [...] the demaundāt of the value of the issue [...] of the landes so to be recouered from the daye that he is receyued to make aun­swere [Page 129] vntyll the tyme that fynall iudgement be gyuen vpon the peticyon of the demaundant. And if the demaūdant re­couer his demaunde / the defendour shal be greuously amerced / if he haue wherof And if he haue not / he shalbe impryso­ned at ye kynges pleasure. And if he can proue his right to be as good as he af [...]r at such tyme as he was receyued he shal med go quyte.


¶ 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 de­maūdant 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 warraū ▪tyse the lande frely vnto the tenaūt / such aucrremēt 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 [Page] 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 ye 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 & straūgyers 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 amercymēt 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 [Page 130] his seruaūt procured and hyred by them that holde baronyes / and so vpon one wrytte and one demaunnde there were two or thre wagers of batay [...]l [...]s / the whiche was a ryght harde and a peryl­lous example for pore men in tyme commyng that shalbe demaūdantes agaynst greate and ryche men that wyll defende themselfes by the malyce aforesayd / and the demaūdant 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 coū ­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 shalbe 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.

[Page] 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 [Page 131] by bayllyfes at theyr owne pleasure as they haue done heretofore / & it is agreyd that when a dede / rēlesse / acquytaunce / or other wrytyng be denyed in the kyn­ges courte wherin wytnesses be named / processe shalbe 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▪ vpon them shalbe 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. [Page] 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 ye 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 examynacyon shalbe fallen in the cuntre before a iustyce of the place where the plee is accōpanyed with a substanciall man of the cuntre knyght or other / so that a certayne day be gyuē in the bench / and a certayne day & place in the cuntre in presence of the partyes demaundyng the same. And also inque­stes and iuries in plees of lande that re­quyre greate examynacion shalbe taken in the cuntre (in the maner abouesayd) before two iustyces of the benche. And the iustyces or iustyce shall haue power to record nonsuytes and defautes in the cuntre at the dayes and places assygned [Page 132] as afore is sayd. And that they shall do in the thynges aboue mencioned shalbe reported in the benche at a day certayne there to be inrolled and therupon iudge­ment shalbe gyuen. And the kyng intendyth not that the sayd inquestes and iu­ries shulde not be taken in the benche / if they come / nor that this statute shuld extende vnto greate assyses / and also a iustyce of the one place and of the other beynge associate with a dyscrete man of the cuntre knyght or other at ye request of the playntyf shall take inquestes vpō plees pledyd and to be pledyd that be mouyd by attachement and dystres and shall haue power to recorde nonsuytes / as aboue is sayd / and to take inquestes vpon defautes there made. And as to such inquestes as are to be taken vpon wryttes of Quare impedit the fourme conteyned in the statute of westmynster secounde shalbe kept / and the iustyces shall haue power to recorde nonsutys & defautes in the cuntre and to gyue iud­gemēt therupon as they do in the bench and there to reporte that that they haue done there to be inrolled. And if it hap­pen the iustyce or iustyces that shalbe [Page] assygned to take suche inquestes in the countre do not come / or if they come in­to the countre at the daye assygned / yet the partyes and persones of suche in­questes shall kepe theyr daye in the bench. And because it is many tymes cō playned in the kynges courte vpon re­tournes that bayllyfes of fraunchyses (hauyng full power to retourne the kynges wryttes) haue delyuered to sheryfes haue ben afterwarde chaunged & other­wyse retourned in the kynges courte to the damage of the partyes and the de­lay of ryght. It is agreyd that for suche retournes as hereafter be delyuered to sheryfes by suche bayllyfes of fraunchy­ [...]es an inden [...]ure shall be made betwene the bayllyf of the fraunchyse by his pro­per name / and the sheryf by his propre name. And if the sheryf chaunge the re­tourne so delyueryd to hym by indenture and be therof conuycte at the sute of the lorde of the fraunchyse of whome he re­ceyued the retourne / if the lord haue had any damage or if his fraunchyse be dys­tayned / or at the sute of the lorde of the party that hath sustayned losse through that occasyon he shalbe ponyshed by the kynge for his false retourne & shal yelde [Page 133] vnto the lorde and to the partye double damages. Also it is agreyd that from­hensforth sheryfes and other bayllyfes that receyue the kynges wryttes retournable in his court shall sende theyr owne names with the retournes / so that the courte may knowe of whome they toke such retournes if nede be. And if any she­ryf or other bayllyf leue out his name in his retournes he shalbe greuously amer­ced to the kynges vse. Also for the comō profytte of the people it is agreyd that no offycer in cyte or towne that by rea­son of his offyce ought to kepe assyses of wynes and vytaylles in asmuche as he is attendaunt to his offyce / shall not by wynes nor vytaylles neyther in grose / nor by retaylle. And if any do & be therof conuyct the merchaundyse wherfore he is conuyct shalbe forfayte to the kynge / and the .iii. part therof shalbe delyuered to the partye that suyd the offendour as the kynges gyfte / & in suche case h [...] that wyll sue for a thynge so forfayted shalbe receyued. And the chauncellour / trea­sourer / barons of the eschequer / iustyces of eyther benche / and iustyces assygned to take assyses shall admytte such playn­tes by wryttes & without wryttes / and [Page] shall determyne them & shall perfourme all thynges contayned in these articles in fourme abouesayd / and neuerthelesse the kynge may assygne his iustyees to execute this thyng in cytes & boroughes when and where it pleaseth hym.

¶ Here endeth the statute of yorke.

¶ The kynges prerogatyue made the .xvii. yere of Ed .ii.

OVr soueraygne lorde the kyng shal haue the ward of all the landes of suche as holde of hym in chye [...] by knyghtes seruyce / wherof the tenātes were seased in theyr demeane as of fee at the day of theyr death / of whom so euer they holde els by lyke seruyce / so that they helde of auncyent tyme any lande of the crowne / vntyll the heyre com to his law full age / excepte the fees of the archbys­shop of Canterbury / the byshop of Dur­ham betwene Tyne & Tese / fees of [...]les and barons in the marches where the kynges wryttes do not lye / & wherof the sayd archbyshops / byshops / erles / & ba­rōs ought to haue such wardes / though they held of the kyng in som other place.

¶ The fyrst Chapitre.

ALso the kynge shall haue the ma­ryage of an heyre beynge within age and in his warde whyther the lan­des of such heyres haue appertayned to the crowne of auncyent contynuaunce / or yt it came by reason of escheare beyng in the kynges handes / or that he had the maryage by reason of the warde of the lordes of suche heyres without any res­pectes to the prioryte of feffement / all be [...] they helde of other.

¶ The .ii. Chapitre.

ALso the kynge shall haue prymer season after the death of suche as helde of hym in chyefe of all landes and tenementes wherof they were seased in theyr demean as of fee of what age that theyr heyres be takynge the issues of the same landes and tenementes / vntyll in­quysicion be made (as the maner is) and [...]tyll that he hath taken homage of such heyres.

¶ The .iii. Chapitre.

ALso he shall assygne to wydowes after the death of theyr husbandes that helde of hym in chyef ye dower that to them belongeth. &c. though the hey­res be of full age (if the wydowes wyll) such wydows before assignemēt of theyr [Page] dower shall swere that they shall not marye themselues without the kynges ly­ceuse / whyther the heyres be of full age or not. And if they marye without lycēse then the kynge shall take into his han­des by waye of dystres all suche landes & tenemētes as they hold of hym in do wer vntyll he be satysfyed at his owne wyll so that she shall take nothynge of the is­sues. &c̄. for after suche dystresses they or theyr husbandes muste fyne at the kyn­ges wyll. And his wyll in the tyme of kynge Henry father of kynge Edwarde was estemed to ye one yeres value of her dower / one [...]es they had the greatter fa­uour / women that holde of the kynge in chyef of what so euer age that they be / shall swere lykewyse that they shall not marye themselues without the kynges lycense. And if they do theyr landes and tenementes shalbe taken in lyke maner into the kynges hādes / vntyl they haue satysfyed at the kynges wyll.

¶ The .iiii. Chapitre.

ANd if one inheritaunce that is holden of the kynge in chyefe dys­cende to many partyners then all the heyres shall do homage to the kyng / and the same inherytaunce so holden of the [Page 135] kynge shalbe deuyded among those hey­res / so that euery of them after that shal holde theyr parte of the kynge.

¶ The .v. Chapiter.

IF a womā (before the death of her auncetour that helde of the kynge in chyef) be maryed before she be marya­ble / then the kynge shall haue the warde of the bodye of the same woman / vutyll she be of age able to cōsent / and then she may chuse / whyther she wyll haue hym to whome she was fyrst maryed / or hym that the kynge wyl offer her. None that holdeth of the kynge in chyef by knygh­tes seruyce may alyene the more part of his landes / so that the resydue therof be not suffycyent to do his seruyce / excepte he haue ye kynges lycense / but this may not be vnderstanden of membres & par­celles of such landes.

¶ The .vi. Chapitre.

OF seriauntyes alyened without the kynges lycense the kyng hath vsed to rate such seriauntyes at a reasonable extent therof to be made.

¶ The .vii. Chapitre.

OF churches beyng vacaunt / the aduousons wherof belōg to the kyng and other present to the same / wherupō [Page] debate aryseth betwene the kynge and other / if the kyng by awarde of the court do recouer this presentacion though it be after the lapse of syx monethes from the tyme of the aduoydaunce no tyme shall preiudice hym / so that he present within the space of syx monethes.

¶ The .viii. Chapitre.

THe kynge shall haue warde of the landes of naturall foolys / takyng the profyttes of them without waste or dystruccion / and fynde to them theyr ne­cessaryes of whose fee someuer that the landes be holden. And after the death of suche idiotes he shall rendre it to the ryght heyres / so that suche idiotes shall not alyene / nor theyr heyres shalbe dys­heryted.

¶ The .ix. Chapitre.

ALso the kyng shall prouyde / when any (that before tyme hath had his wytte and memorie) happē to fay [...]e of his wytte / as there are many per luc [...] ­da interualla .i. by euydent spaces that theyr landes & tenementes shalbe saufe­ly kept without waste or distrucciō / and that they and theyr housholde shall lyue and be conueniently maynteyned with the profyttes of the same / and the resy­due [Page 136] besydes theyr sustentacion shall be kept to theyr vse to be delyuered vnto thē when they come to ryght mynde. So that suche landes and tenementes shall in no wyse be alyened. And the king shal take nothyng to his owne vse / and if the partye dye in suche estate then the resi­due shalbe distrybute for his soule by ad­uyse of the ordinarye.

¶ The .x. Chapiter.

ALso the kynge shall haue wrek of the see thorough out the realme / whales & great sturgeons taken in the see or els where within the realme / ex­cepte in certayne places pryuyleged by the kynge.

¶ The .xi. Chapiter.

ALso the kynge shal haue escheates of the landes of Normans / to whose fee someuer they belonge / sauyng the seruyce apperteynynge to the chyefe ordes of the same fee. And this also is to be vnderstanden where any inhery­taunce discendyth to any that is borne [...]n the partyes beyonde the see / whose [...]ncetours were from the tyme of kyng Iohan vnder thalligeaunce of the kyn­ges of Fraunce / and not of the kynges [...] Englande / as late it happened by the [Page] baronye of Monmouth after the death of Iohan of Monmouth / whose heyres were of Brytayne and other places. Kynge Henry by the foresayd occasyon recouered many eschetes of Normans landes out of the fees of other men / and gaue them to be holden of the chyef lor­des of the fee by seruyces and customes due and accustomed therunto.

¶ The .xii. Chapitre.

UUhen any (that holdeth of ye king in chyef) dyeth / and his heyre en­tryth into the lande that his anncetour helde of the kynge the day that he dyed / before he hath done homage to the kyng and receyued season of the kyng / he shal gayne no freholde therby / and if he dye seasyd durynge that tyme his wyfe shall not be indowed of the same lande / as it came late in vre by Maude doughter to the erle of Herforde wyfe of Maunsell the marshall / whiche after the death of wyllyam Marshall of England his brother toke his season of the castell and maner of Scrogoyll / and dyed in the same castell before he had entryd by the kyng and before he had done homage to hym. Wherupon it was agreyd that his wyfe shulde not be indowed / because that her [Page 137] husbande had not his entre by the kyng but rather by intrusyon / howe be it this statute doyth not meane of socage and other small tenures.

¶ The .xiii. Chapitre.

ALso the kynge shall haue eschetes of landes of the freholders of atch byshops and byshops when such tenaū ­tes be attaynted for felonye in tyme of vacacyon / whyles theyr temporaltes were in the kynges handes to gyue at his pleasure / sauynge to suche prelates the seruyce that therto is due and accus­tomed.

¶ The .xiiii. Chapitre.

UUhen our soueraygne lorde the kynge gyueth or graunteth lande or a manoyr with the appurtenaunces without he make expresse mencyō in his dede or wrytynge of knyghtes fees / ad­uouzons of churches / and dowers when they fall belongyng to suche manors or landes / then at this daye the kynge re­serueth to hymsef such fees / aduousons / and dowers / all be it that amonge other persones there shalbe implyed no suche reseruacyon.

¶ The .xv. Chapitre.

ALso the kyng shal haue the goodes of al felons attaynted / or that run awaye where som euer they be founde. [Page] And if they haue freholde then [...] shalbe forthwith takē into the kynges handes. And the kyng shall haue all profyt [...]es of the same by one yere and one daye / & the lande shalbe wasted and dystroyed in the houses / wodes / gardeyns / and in al ma­ner of thynges belongynge to the same lande / exceptyng men of certayn places priuyledged by the kynge therfore. And after the kyng hath had the yere / day [...] / [...] waste / then the la [...]de shall be restored is the chyef lorde of the fame fee onles that he fyne before with ye kyng for the yere the daye / & the waste. Neuertheles it is vsed in the countie of Gloucestre by cus­tome that after one yere & one daye the landes and tenementes of felons shal re­uerte & be restored to the nexte heyre / [...] whome it ought to haue descended if the felonye had not ben done. And in Ken [...] in Gauelkynd. The father to the bough the sonne to the plough. There all hey­res males shal dyuyde theyr inherytaūc [...] but women shall not make [...] with men. And a woman after the death of her husband shalbe indowed of a m [...]yte. And if she commytte for [...]cacion in he [...] wydowhed / or take an husbande after­warde she shall lese her dowet.


¶ The maner of doyng homage made the .xvii. yere of kyng Ed .ii.

UUhen a fre mā 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 frō this daye forth for lyfe / for mēbre / & for worldly honour / and shall owe yow my fayth for the lan­des that I holde of you / sauyng ye 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 [...]. that I. P. shalbe 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 shalbe true & faythfull / and shal owe you fealte for the lande that / I holde of you in villenage / and shalbe iustefyed by you in body & goodes / so helpe me god & all his saynctes.


¶ 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 incydēt And such as holde by pety sertauntye as to bere shelde or spere in ye 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 holdē in knyghtes seruyce / the other is where landes be holden in s [...]cage. The warde of lande that is holden in knyghtes ser­uyce belongeth to the chyefe lorde / & the maryage which ought to be without disp [...]ragement as the great chartourly my tyth / vntyll he comyth to the age of .xxi. [Page 139] 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 demaūdyth 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 shalbe gyuē therupō vnto ye vtas of S. Hyllarye / & if it come in the quynzieme of S. Myghel / day shalbe gyuē vnto the quynzieme of S. Hillary. If it com in the .iii. wekes after S. Myghel / the day shalbe crastīo purificatiōis. If withī a moneth after Myghelmas / in the vtas of the purification. If in crastino animarū / 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 gyuē in crastino ascensiōis / & it [...]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 [Page 140] 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 animarū 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 shalbe gyuen vn­to quindena Martini.


¶ 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 cō 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.

[Page] COncernyng plees where the tenaunt sayeth that he can not a [...]swere with out the kynge. It is a­greyd by the iustyces and other wyse men of ye kynges counsell / which heretofore haue had the vse and praciyse of iubgemētes / that where a feffemēt was made by the kyng with a dede therupon / that if another persone by a lyke feffement & a lyke dede be bounden to warraūtye. 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 ye kyng hath cōfyrmed 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 [...]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 aduertysement made therof to the kynge they shall pro­cede without delaye.

¶ The .iii. Chapitre.

[Page 141]COncernynge the endowement of wymmen where the wardeyns of theyr husbādes inherytaūce 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 warrā ­tye / if they say that they can not aūswer 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 vpō the kyng within fraūchyses orels where it was agreyd & determyned in ye 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 shalbe fromhensforth obser­ued in the realme / & if any do complayne vpon such reseasers he shalbe harde lyke as ryght requyreth.

¶ The v. Chapitre.

COncernynge men twyse maryed / called bigamy whome our holy father the p [...]e by a constitucyon made at the counsell of Lyons hath excluded frō [Page] al clerkes pryuylege / wherupō certay [...] prelates (when such persons haue ben [...] taynted for felons) haue prayed for to haue them delyuered as clerkes which [...] were made bygamy before the same con­stitucion. It is agreyd and declared be­fore the kynge and his counsell that the same constitucyon shalbe vnderstande [...] in this wyse / that whyther they were bigamy before the same constitucyon or after / they shal not from hensforth be de­lyucred to ye prelates / but iustyce shalbe executed vpon them as vpon other laye people.

¶ The .vi. Chapitre.

IN dedes also where is conteyned dedi [...]t concess [...] tale tenementum without homage / or without a clause that cōteyneth warrantie and to be holden of the gyuers and theyr heyres by [...] certayne seruyce. It is agreyd that the gyuers and theyr heyres shalbe bounden▪ 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▪ without homage / or without the foresayd clause / theyr [...]eyres shall not be bounden to warrantye / notwith­standynge the feffour duryng his own [...] [Page 142] lyfe by force of his owne gyfte shalbe [...]ounden to warrantie. All these consti­ [...]n [...]yons aforesayd were made at west­mynster in the parlyament holden next after the feast of saynt Myghell▪ the .iii. [...]ere of the raygne of kynge Edwarde [...]nne of kynge Henry. And from that [...]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 [...]y [...]fly aboue other / we haue deuysed more spedye remedye in those wryttes / then was before. And for asmuche as it [...]haunseth many tymes in assyses of no­ [...]ell that the tenant doyth plede agaynst the playntyfe that he holdeth the lan­des beyng in demaūde ioyntly with his wyfe not only named in the wryt / & som­tyme with a straūgyer not named in the [Page] 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 excepciō was sole tenaūt / 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 thē therupō. 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 [Page 143] by assyse that the excepcyon was al­ledged malycyously for to delay ye 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 tenātes & agaynst the playntyfe / yet they that alledged the excepcyon shalbe 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 excepcyō alledged by the bayllyfes of any suche tenauntes / and if he that alledged the excepciō 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. & [...]. 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 [Page] that they made / the playntyf shall recouer his season and double damage [...] 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 yt alleged it were ioyntly seased before the playntyf purchased his wryt agaynst them / the assyse shall pass [...] no further / but the wrytte shalbe abated The same shalbe obserued if both or ou [...] do appere if it be foūde by assyse that the excepcion was truely alledged as before is sayd. The same order shalbe obserued in assyses of mortdauncetour & wryttes of iuris vtrum that the fyrste daye that the partyes appere in court / if the tenāt 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 shalbe vsed in as­syses of mortdauncetour and wryttes of iuris vtrū as before is ordayned in assy­ses [Page 144] of nouell dysseson. And lyke ponyshe­ment shalbe awarded to the offendours. But in other wryttes wherby landes at demaunded such processe shalbe made at the fyrst daye that the partyes appere in court if the tenāt do alledge the foresayd excepciō of a ioynte feffemēt / & the demā daunt wyll offer to auerre by the cuntre shal the daye of the wrytte purchased he that alledged the excepcyon was sole te­naunt / then the same maner of processe shalbe obserued betwyxt the partyes vntyl a iurye haue passed betwen thē ther▪upon / & if it be founden by the iurye that the same excepcyon was truely alledged then the wrytte of the demaundāt shall abate / & if it be founden by the iurye that the same excepcion was falsely & maly­cyously alledged to the hynderaunce of the partye / then the demandāt shall recouer his seson of the landes in demaūde / & the tenant shalbe ponyshed by the payne abouesayd in a wrytte of nouell dysseson [...]s to the imprysonmēt & as to the damages accordyng to the discreciō of the ius­ [...]yces. And we wyl & graūt that this sta­ [...]ute shal take his effect the morow after ye feast of S. Petre ad vincula next commyng / for asmuch also as plees in courte [Page] spirituall and vnreasonable delayes many tymes in so much as our wrytte that is called / was many tymes brought be­fore the iuges of such matters whē they were begonne. And therupon our chyefe iustyces coude not procede lawfully nor in due maner to awarde a wrytte of consultacion vpon suche maner of processe. It is agreyd that such a wrytte of indy­cauit shall not be graunted fromhens­forth to any man / before the matter hangynge in the spirituall courte betwene the partyes be recorded / & that our chaū cellour shalbe certefyed therupon vpon the syght and inspeccyon of a lybell. In wytnesse of which thynge we haue cau­sed these our lettres to be patent. I my­selfe beynge wytnesse at westmynster. Gyuen the .xxvii. daye of the moneth of Maye. The .xxxiiii. yere of our reygne.


¶ A statute of dayes generall in a wryt of dower / made the .li. yere of H .iii.

IF the wrytte do come in oc­tauis Mychaelis daye shal­be gyuen vntyll crastino am­marum. If it come in quindena Mychaelis / daye shalbe gyuen vntyll the crastino Martini. I [...] [Page 145] in mense Michaelis / then in quindena Martini. If in crastino ammarū / then in octauis Hillarii. If in crastino Mar­tini / then in quindena Hillarii. If in oc­tauis Martini / then in crastino purifi­cationis. If in quindena Martini / then in octauis purificationis. If in octauis Hillarii / then in quindena Pasche. If in quindena Hillarii / then in tribus septi­manis Pasche. If in crastino purifica­tionis / then in mense Pasche. If in oc­tauis purificationis / then in crastino Ascensionis. If in quindena Pasche / then in octauis Trinitatis. If in tribus septimanis Pasche / then in quindena Trinitatis. If in mense Pasche / then in crastino Ioānis Babtist. If in quinque septimanis Pasche / then in octauis Io­hannis. If in crastino Ascensionis / then in quindena Iohannis. If in octauis Trinitatis / then in octauis Michaelis. If in quindena Trinitatis / then in quindena Michaelis. If in crastino Iohan­nis Babtyste / then in tribus septimanis Michaelis. If in octauis Iohannis Babtyste / then in mense Michaelis. If in quindena Iohannis Babtyste / then in crastino animarum.

¶ Finis.

¶ A statute for Eschetours made the .xxix. yere of Edwarde. the fyrste.

AT the parlyamente of our soueraygne lorde the kynge holden at Lyn­colne in the vtas of saynt Hyllarye the .xxix. yere of his reygne / by his counsel it was agreyd and also cō maundyd by the kynge hymselfe / that fromthens it shulde be obserued and done accordyng to the aduyse of the reuerende father [...]. Langeton then byshop of Co­uentrie and Lychfelde and treasourer to the kyng / Iohan Langeton then beyng chauncellour and othrr of the counsell there present before the kyng that where inquestes takē by his eschetours by any of the kynges wryttes purchased out of his chauncery beynge retourned / and it be foūde by such inquestes that nothyng is holden of the kyng wherby the kyng ought to haue the warde of suche landes and tenementes by reason of the inquest taken by his eschetours / that immediatly and without any delay the eschetours shalbe comaunded by the kynges wrytte had out of the kynges chauncery to put [Page 146] fro theyr handes all the landes and te­nementes so taken into the kynges pos­session / and if they haue taken any pro­fyttes of such landes and tenementes so taken into the kynges handes by them / from the tyme that suche landes and te­nementes fyll into the kynges handes / they shal make full restitucion to hym or them for whome it was founde by in­questes taken by the same eschetours that suche landes ought to remayne / sa­uynge alwaye to the kynge in case that (after such tyme as his eschetours haue dyscharged theyr landes by force of the kynges wrytte as before is sayd) if any thyng happen to be founde in the chauncery / or the eschequer or in any other of the kynges courtes wherby the warde of suche landes wherof the eschetours haue dyscharged theyr hādes in fourme abouesayd shulde belonge vnto the kyng that ymmedyatly he in whose possession such landes happe to be / shalbe somoned by a wrytte out of the chauncery to be afore the kynge at a certayne day wher­someuer. &c. to shewe if he can saye any thynge wherfore the kynge ought not to haue the warde of suche landes accor­dynge to the fourme of the euydences o [...] [Page] remembraunces founde for the kynge. And if he come in and shewe why the warde of suche landes doth not belonge vnto the kynge / but doyth shewe that i [...] ought to belonge and remayne to hym­selfe / he shall go quyte and shal retaygne the warde / but in case that the partye warned doyth not come / or if that he come and can shewe nothyng to put the kynge from the warde / the landes and tenementes shalbe forthwith resesyd in­to the kynges handes to be kept in name of wardshyp vnto the lawful age of such heyres as before is sayd. And if it be founde vpon the inquestes taken by the eschetours and retourned that ye warde of the same landes and tenementes con­teyned in the inquest and seasyd into the kynges handes ought not to remayne vnto the kynge / then the escheton [...] shall be commaunded forthwith to dyscharge his handes therof and to restore the is­sues holly. In lyke man [...] if it be founde afterward by the euydences and remembraunces in the chauncery / eschequer / or otherwhere / as before is sayd / that our soueraygne lord the king ought to haue the warde therof / the kynge shalbe aun­swered vnto for the hole issues and pro­fyttes [Page 147] by the handes of such as helde the same landes and tenementes from the tyme they were fyrst taken into the kynges handes by his eschetours by the wryttes abouesayd. And this order shall be obserued fromhensforth in the chauncery / notwithstandyng a certayne ordy­naunce lately made by our soueraygne lorde the kynge / concernyng landes and tenemētes taken into his handes by his offycers / and not to be delyuered but by the kynge hymselfe / and as it is contay­ned in a certayne diuidenda or indenture made betwene the kynge hymselfe and his chauncellour / wherof one parte re­mayneth in the custodye of the chaun­cellour.

¶ Finis.

¶ Of sheryfes.

FOr asmuche as our soue­raygne lorde Edwarde sonne to kynge Edwarde fyrste of the name / at his parliamēt 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 [Page] 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 shalbe sheryf excepte he haue suffycyent lande within the same shyre (where he shalbe sheryfe) for to aunswere the kynge and his peo­ple. And that none that is stewarde or bayllyf to a great lorde shalbe 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 shalbe kept by conue­nient [Page 148] 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 shalbe 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 shalbe 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 shalbe 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 Normā 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 ō of Irelande / the iustyces [...]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 aūcetours 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 [Page 149] 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 demaūde 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 [Page] them and theyr heyres / and that shulde be lyke as one wolde commytte a lambe to be deuoured of a wolfe. And therfore we comaūde you that you shal cause the foresayd customes yt 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.

¶ Here endeth the statute of Irelande.

¶ & statute vpon the wrytte of Quo warranto.

FOr asmuch as wryttes of Quo warranto and iud­gemētes gyuen vpō plees of the same were greatly delayed because the iusty­ces in gyuyng iudgement were not certefyed of ye 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 [Page 150] and for the synguler affeccyon that he beryth vnto his prela [...]es / erles / and ba­rous / and other of his realme hath graū 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 [...]. Rycharde our Cosyn or in our tyme and haue contynued hytherto / so that they haue not mysused such lybertes / that the partyes shalbe 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 lawe and custome of the realme / and suche as haue the kyn­ges chartours shall be iudged accor­dynge to theyr chartours. Moreouer [Page] the kynge of his specyall grace hathe graunted that all iudgementes that are to be gyuen in plees of Quo warranto by his iustyces at westmynster after the foresayd Easter for the kynge hymselfe / if the partyes greuyd wyll come agayne before the kynge / he of his grace shall gyue them suche remedye / as before is mencyoned. Also our soueraygne lorde hath graunted for sparyng the costes & expenses of his people that plees of quo warranto fromhensforth shalbe pleded and determyned in ye circuyte of the ius­tyces / and that all plees nowe depēdyng shalbe aiourned into the shyres / vntyll the comynge of the iustyces into those partyes.

¶ Finis.

¶ An ordynaunce for measures.

BI the ordynaūce of the hole realme of Englande the measure of our soueraygne lorde the kynge was made / so that an Englyshe penye called a ster­lyng rounde and without any clyppyng shall waye .xxxii. wheate cornes in the myddes of the eare / and .xx. d. shall make an ounce / and .xii. ounces. [...]. [...]i. and .viii. [...]i. shall make a galon of wyne / and .viii. galons of wyne shall make .i. bushel London / which is the .viii. part of a quarter.

¶ Finis.

¶ A statute for theschequer.

THe kynge commaundeth that al maner of bayllyfes / sheryfes / and other offycers aswel the iustyces of Ches­ter & other bayllyfes ther­of as other that be receyuours of war­des / of eschetes / and other bayly wykes shalbe aunswerable in the eschequer and there shal make accompt to the treasou­rer and barons of the same place. And that all sheryfes / fermours / bayllyfes of fraunchyses and other shall come to profer in the eschequer ye monday after the feast of saynt Mychell / and the monday after the vtas of Easter for to pay theyr termes rentes and issues belongynge to the kynge. And shall brynge at the fore­sayd termes the foresayd fermes rentes and issues beyng due holly into thesche­quer as before is mēcyoned. And if they make defaute theyr body shall remayne without departynge from thens vntyll they haue payd or made agrement. And he that wyll not come at the termes a­foresayd shalbe admerced after the cus­tome of theschequer / and the sheryfes & bayllyfes at the same termes shal bryng and pay such money as they haue recey­ued of the somons of the eschequer and [Page] other the kynges dettes. And shalbe prepared and redye to make full accompte of the thynges aforesayd. And that all bayllyfes of fraunchyses whiche ought to leuye the kynges dettes and be aun­swerable to ye sheryfes therof shal come and accompre suffyciently accordyng to [...]he extr [...]ates of the semons of the esche­quer. And suche as do not theyr bodyes shall remayne in warde of the sheryfes / and for defaute of them the sheryfes shall cause the dettes so be leuyed by theyr [...]ne bayllyfes where they haue power as they haue vsed [...]o do in tyme passed. And if the bayllyfes do not come in at the daye that the sheryfe shall geue them knowledge the she [...]yfes shall enter into the same iraunchyses and leuye the det­tes with his owne hande. Concernynge iustyces of Chester and bayllyfes therof the kynge wylleth that they or one of them shall come at the proffer of sayncte Mychell euery yere when they ought to gyue accompte vnto the kynge / and at the profer of the vtas of Easter they shal com lykewyse & bryng in that that they owe to the kyng for that terme. And the Iustyces of Chester shal haue day to ac­compte from yere to yere in quindena [Page 152] Pasche. And the bayllyfes therof the mondaye of Easter vtas. And that all sheryfes of Englande except the sheryfes of westmerlande / Lancastre / worcestre / Rutlande / and Cornwal shall fromhensforth kepe all such wardes and eschetes as belong to the kyng (which be within theyr shyres and not holde of other fees) of the issues wherof they shalbe aunswerable in the [...]chequer at the termes aforesayde. And at theyr tournes that they make in theyr shyres they shall fynde of­fyces of such thynges as the kynges es­chetours haue not vsed to fynde of that that belongeth vnto the kynge ones or twyse in the yere / to as lytle greuaunce of the people as they can. And the she­ryfes shall sease the escheates that fal to remayne vnto the kynge in fee / and shall [...]tefye the kynge of them without de­lay [...]. And the kynge shall assygne thre able persones that shall go through out the realme to suruey and fynde the war­des and eschetes aforesayd from yere to yere when they shall thynke requysite. And the sheryfes by theyr counsell shall approue and lette to ferme / or otherwyse such wardes and escheates as they shall thynke most for the kynges aduaūtage. [Page] And in the fyue shyres before named the kynge wyll that the sheryf of Comber­land shal execute ye offyce of theschet our in the shyres of westmerland and Lan [...]. And the sheryf of Nothynghā in Rotte lande. And the sheryf of Gloucestre in worcestre. And the sheryf of Deuonshyre in Cornewall / and shall saufely kepe the kynge his wardes and eschetes in the same shyres / and shalbe aunswerable in the eschequer for the issues of them as well as for theyr owne shyres. And the thre persones aforesayd shall suruey and extende such wardes and eschetes aswell there as in other places / and shalbe ap­proued by theyr counsell. And when the sheryfes do account / they shall accounte for suche wardes & eschetes. And in lyke maner shall the iustices of Chestre do / & theyr bayllyfes also / euery one for his baylewyke. And the sayd thre persones shal kepe the kynges demeanes and shal approue them as they shall thynke beste for the kynges aduauntage / and shalbe aunswerable for ye issues / and they shall haue power to lesse small manors or de­meanes to folke of the same places or to other according to theyr dyscretion / and shall let them to ferme from yere [...] yere / [Page 153] as they shal thynke most for the kynges aduauntage. And the fermours shalbe chargeable for theyr fermes vnto the princypall approuers / and they vnto the eschequer the monday next after the As­cension from yere to yere. And the pryn­cipall collectours of the custome of wol­les at the two termes before mencyoned shall paye all suche money as they haue receyued of the sayd custome / and shall make accounte from yere to yere clerely of all parcelles receyued in any of the portes or other places of the realme / so that they shall aunswere for euery shyp where it was charged / & howe moche it caryed / & whose the wolles were / and for euery other charge in the shyppe wherof custome is due / and for the hole resceyte. And the wardeyn of the kynges war­drobe shall make accounte yerely in the eschequer in the feast of saynct Marga­rete / and the treasourer and barons shal be charged by othe / that they shall not attende to here the plees or matters of other men / whyles they haue to do with the kynges busynes / except it be a mat­ter yt cōcernyth the kynges owne dette. And when a sheryf or a bayllyf hath be­gonne his accounte / none other shalbe [Page] receyued to accounte vntyll he that was fyrst admytted hath clerely accounted & his money receyued / and that the con­stable / marshall / chaumberlayne / & other that are of fee in theschequer fromhens­forth shall presente vnto the kynge such as they haue putte in theyr places to do theyr offyces whiche muste be of good fame / and sufficyent / for whose actes themselues wyll aunswere. And the kynge comaundeth the treasourer and barons of theschequer vpon theyr ally­geaunce / and by the othe that they haue made vnto hym that they shall not as­sygne any in theyr roumes but suche as this acte meaneth of / and that thesche­quer be not charged with more persones then is necessary. And that none of them that be sworne to the kynge shall put in his roume any other clerke or laye per­son except he be sworne without speciall lycēse of the treasourer / and if any be he shalbe forthwith remoued from his of­fyce. And none other shalbe receyued in his stede without the kynges lycense. And if any that is receyued without the treasourers lycens do trespas afterward ponyshement shall be done aswell to the [Page 154] assygnor as to the assygne accordyng to the trespas. And if both be vnsuffycyent theyr soueraygne shalbe ponyshed whe­ther be be offycer offce or other. And the treasourer shal put no otheri his roume vntyl he hath comaūded from the kyng. And if he that kepyth the roume of a no therby lycēs of the treasourer doth anythynge that he ought not to do / he shal­be ponyshed accordynge to the trespas / if he haue wherof / and if he haue not he that put hym in offyce shall be charged for his trespas / and if he that putte hym in offyce be not sufficyent / his superior shall be charged wether he be of fee or otherwyfe. And they of the house shall make othe that if any of them may per­ceyue that another doth admytte any offence or other thyng dyshonest in the of­fyce of the house or that he hath done be fore / that they shall certifye it to the treasourer or to the barōs or to any of them or to the kynge hymselfe if nede requere. And that betwene the feaste of S. Margarete before that the eschequer be clo­sed / they shall cause to be serched and styne wether any sheryfe or bayllyr̄ that ought to haue accounted the same yere / haue not / & therupō a remēbraunce or a [...]olle [Page] shalbe made by it selfe. And if it [...]e a she­ryfe his accompt shalbe fyrst ha [...]d a [...]ter Mychelmas before that any other be receyued to accompt. And if he be a bayl­lyfe he shalbe demaunded or dystrayned to come at a certayne day for to account so that no accompte shall be suffered to slep [...]. And forasmuch as sheryfes / co [...]stables obtayne many tymes outrageous allowances by surmyse of the kynges charges and other thynges done & pro­uyded by theyr commaundement. It is prouyded that all surueyours of the kynges busynes shalbe chosen by the othe of .xii. men / and of such as wyll and may attend best to that offyce. And that they be suffycyent to aunswere the kynge i [...] nede be / and shall swere that they shall [...]ere true and lawfull wytnesse. And if the treasourer or baro [...]s of thesc [...]equer haue any in suspeccyon of false allowances of charges or other thynges the truthe muste be inquered / and he that is attaynted therof shalbe charged vnto ye kynge / for asmuche as the allowance a­mountyth vnto / and shalbe imprysoned one yere & .xl. dayes / and shalbe ponys­shed at the kynges pleasure / and ye ouer seers shalbe ponyshed for theyr consent & [Page 155] [...]ykewyse he that vpon thaccompte dyd concele and kepe secrete suche thynges wherof he ought to haue charged hym­selfe / & shalbe ponyshed in lyke wyse as [...]e that admytted such false allowances. And all that iustyces / inquerours / and other shall fromhensforthe delyuer into theschequer at the feast of S. Mychell from yere to yere the extreates of fynes and amercymentes made and taxed be­fore them and of all thynges wherefore the extreates are wont for to be delyue­red there. And they of theschequer shall make extreates of the somons throughe all sherys sauynge that the extreates in [...]yer of all plees shalbe delyuered imme­dyatly after the eyer made.

¶ Finis.

¶ The statute of essoynes made the xii. yere of Edward the .ii.

HEre is declared in what wyse es­soynes may be challengyd and in what cases essoynes do not lye / an essoyn lyeth not / where the lande is taken into the kynges handes. Essoyne lyeth not where the partye is dystrayned by his landes. Essoyne lyeth not where any iudgement is gyuen therupon if the iur­rours do come. Essoyne lyeth not where the partye was seene in the courte.

[Page]Essoyne d [...] vltra mare lyeth not whe [...] another tyme the party hath ben essoy­ned de malo ve [...]di. It lyeth not wher [...] the partye hath essonyd hymselfe ano­ther daye. It lyeth not where the she­ryfe was comaunded to make the par­tye to appere. Essoyne de seruicio re­gis lyeth not where the partye is a wo­man. It lyeth not in a wrytte of dowe [...] where it semethe to be but a d [...]laye of ryght. It lyeth not for that the playn­tyfe hath not founde pledges of sute. I [...] lyeth not where the attorney was essoy­ned. It lyeth not where the partye hath an attorney in his matter. It lyeth not where the party hath an attorney in his matter. It lyeth not where the essoyne [...] confessyth that he is not in the kynges seruyce. It lyeth not where the somon [...] is not retourned / or the partye not atta­ched for that the sheryfe hath retourned non est inuentus. It lyeth not where the partye another tyme was essoyned de seruicio regis / that is to wy [...]e suche a daye and nowe he hath not putte in his warrante. It lyeth not / where he was resomoned in assyse of mortdaunc [...]tou [...] or darr [...]y [...] presentment. It lyeth not / because suche one is not named in the by his [Page 156] [...]y [...]. It lyeth not / where he had a pre­cept to distrayne the partye for to come / by his landes and goodes. It lyeth not where any byshoppe was comaunded to cause the partye for to appere. It lyeth not / for that the terme is passed. And i [...] is to be noted that essoynes de seruicio [...]n̄i regis / are allowed after the graund [...]ape / pety cape / and after dystresses ta­ken vpon the landes and goodes.

¶ Finis.

¶ A statute of the pyllorye made the. L [...]. yere of kynge Henry the thyrde.

IF a baker or bruer be conuycte because he hath not obserued ye assise of bread and ale / the fyrste secound and thyrd tyme he shalbe amerced accordyng to his offense if it be not ouer greuous / but if the offense be greuous and often / & wyll not be corrected / then he shall suffer po­nyshement of the body / that is to wyte a baker to the pyllorye & a bruer to a tum­berel or som other correcciō / fyrst .vi. law full men shalbe sworne truely to gather all measures of the towne / yt is to wyte [...]ushels / halfe & quarter bushels / galōs / [Page] [...] [Page 156] [...] [Page] pottelles / and quartes / aswell of tauer­nes as of other places. Measures and weyghtes / that is to wyte poundes / halfe poundes / and other lytle weygh­tes / wherwith bread of the towne or of the court is wayed that is to say one lofe of euery sorte of bread / and vpon euery measure / ell / weyght / & also vpon euery lofe the name of the owner shalbe wrytē and lykewyse they shall gather the mea­sures of mylles. After which ye sayd .xii. lawful men shall swere to make true aū ­swere to all suche thynges as shalbe de­maunded of them in the kynges behalfe vpon artycles here folowyng / and suche thynges as be secrete they shall vtter se­cretly / and the bayllyf shalbe commaun­ded to brynge in all the bakers & bruers with theyr measures and al thynges vnder wryten / fyrste they shall inquere the pryce of wheate that is to wyte howe a quarter of the best wheate was solde the laste market daye / and how the secound wheate / and howe the .iii. and howe a quarter of barley and o [...]es. Afterwarde howe the bakers bread in his court doth agre / that is to wyte wastell and other bread after wheate of the beste or of the secounde / or of the thyrde pryce. Also [Page 157] vpon howe much increase or decrease in the pryce of wheate a baker ought to chaunge the assyse and weyghte of his bread. Also howe much wastell ought to waye and all other maner of bread after ye pryce of a quarter of wheate that they presente. Also for what defaute in the weyght of the bread a baker oughte to be amerced / or to be iudged vnto the pyllorye accordyng to the law and custome of his court. Also if any stewarde or bayl lyfe for any brybe doyth relesse ponyshe­ment of the pyllorye or tumberell beyng alredy iudged / or to be iudged of ryght. Also if they haue in the towne apyllorye of conuenyent strenght as appertayneth to ye lyberte of theyr market which they maye vse (if nede be) without bodely pe­ryll eyther of man or womā. Afterward they shall inquere of the assyse and pryce of wyne after the departure of the iusty­ces erraunt or of them that were laste in offyce of the market of the towne that is to saye of the vyntenar his names / and howe they sell a galon of wyne. Also if any corrupted wyne be in his towne / or suche as is not holsome for man his bo­dy. Also of the assyse of ale in the courte of the towne howe it is / & whyther it be [Page] obserued / and also what bruers do sell contrary to the assyse / and they shal pre­sent theyr names distinctly and openly / and that they be amerced for euery de­faute or to be iudged to the tumberell / if they sell contrarye to the assyse. Also if there be any that sell by one measure / [...] bye by another. Also if any do vse false elles / weyghtes or measures. Also if any boucher do sell cōtagyous fleshe or that dyed of a murren. Also they shal inquere of cokes that sethe fleshe or fyshe with bread or in water / or in any otherwyse that is not holsom for man his body / or after that they haue kept it so long that lesyth his naturall holsomnes / or sethe it agayne and after sell it. Also of for stal­lers that bye any thynge before the due and accustomed houre agaynst the good state and weale of the towne and mar­kette / or that passe out of the towne to mete such thynges as come to the mar­ket byeng out of the towne to the entent that they maye sell in the towne more dere (as regratours) then they wolde that brought them in case that they had comen to the towne or market. When a quarter of barley is solde for. it. S̄. then .iiii. quartes of ale shalbe solde for .i. d. [Page 158] When for .ii. s̄ .vi. d. then .vii. quartes of ale shalbe solde for .ii. d. when for .iii. s̄. then .iii. quartes for .i. d. When for .iii. s̄ .vi. d. then .v. quartes for .ii. d. When it is solde at .iiii. s̄. then .ii. quartes at .i. d. And so fromhensforthe the pryces shall dyminyshe and increase after the rate of .vi. d.

¶ Finis.

¶ The statute of breakyng prysōs made the fyrste yere of Edwarde the secounde.

COncernynge prysoners which breake the pryson our soueraygne lorde the kynge wylleth and com­maūdeth that fromhensforthe he that hathe his pryson shall not haue ponyshement of lyfe or membre for breakyng of the pry­son onely excepte the matter or cause for which he was imprysoned and takē dyd requyre such iudgement if he had ben cō ­uycte therupon vnto the lawe & custome of the realme / all be it that in tymes pas­sed it hath ben done and vsed otherwyse.

¶ Here endyth the statute of breakyng prysons.

¶ The statute of trespassers in parkes made the .xxi. yere of the reygne of kynge Ed. 1.

TO then [...]ent that trespassours in forestes / chaces / parkes / & warrens maye more warely eschewe and feare hereafter .. .. .. to enter and trespasse in the same / then they haue heretofore / our so­ueraygne lorde the kynge at his parlyamente after Easter the .xxi. yere of his reygne at the instaunce of the nobles of his realme hath graunted and commaū ded to be fromhensforthe firmely obser­serued that if any forestar / parkar / or warrennat do fynde any trespassoures wanderynge within his lyberte inten­dyng to do damage therin. And that af­ter huc and crye made vnto hym for to stand vnto the peas / wyll not yelde hym selfe / but doyth cōtynue and execute his malyce and dysobeyng the kynges peas doyth flee or defendyth hymselfe with force & armes / although such forestars / parkars / and warrennars / or any other comyng in theyr companye and aydyng suche fosters / parkars / and warrennars in the kynges peas / do kyl any offendour or offendours beynge so founden eyther in arrestyng or takynge them / or any of [Page 159] them / they shall not be arrayned vpō the same before the kynge and his iustyces / or before any other the kynge his bayl­lyfes / or any other within any fraūchyse or without. Nor shal not lese for so doing eyther lyf or membre / or suffer any other ponyshement / but shal enioy the kynges peas as they dyd before. Nothwithstan­dyng let all such forestars / parkars / warrennars / and all other be ware that by reason of any malyce / discorde / debate / or other euyll wyll had before tyme / they do not ley / nor malyciously pretende a­gaynste any persone passynge through / theyr lybertes that they came thyther for to trespas or mysdoe / when of truthe they dyd nothyng nor were not founden as trespassours / and so kyll them / for if they do and be conuycte therupon / the death of such persones shalbe inquered & execucyon shalbe done in lyke maner as is done for other of the kynges subiectes standynge in his peas / and lyke as it ought to be done of ryght / and accor­dynge to the lawe and custome of the re­alme.


¶ The statue vpon the wrytte of consultacion made the .xxiiii. yere of kynge Edward .i.

[Page] WHere as spirituall iudges haue oftentymes surcea­sed to proceade in causes moued before thē by force of the kynges wryt of prohibiciō in cases where as remedie could not be gyuen vnto playn­tyfes in the kynges courte by any wry [...] out of the chauncery because that suche playntyfes were differred of theyr ryght and remedie in both courtes aswel tem­porall as spirituall to theyr great damage lyke as the kynge hath ben aduerty­sed by the greuous complaynyng of his subiectes. Our soueraygne lorde the kynge comaundyth that where spiri­tuall iudges do surcease in the aforesayd cases by the kynges prohybicyon dyrec­ted vnto them / that the chauncellour / or the chyefe iustyce of the kynge for the tyme beyng vpon the syght of the lybell of the same matter at the instaūce of the playntyfif they can see that the case can not be redressed by any wryt out of the chauncery / but that the spirituall court ought to determyne ye matter they shal wryte vnto the iudges before whom the cause was fyrst moued that they procede therin / nothwithstandynge the kynges prohybicyon dyrected to them before.

¶ A statute vpon the offyce of Coroners made the .iiii. yere of kynge Ed­ward .i.

A Coroner ought to inque­re these thynges if he be certefyed by the kynges bayllyfes or other honest men of the cuntre. Fyrste he shall go to the places where any be slayne / or sodenly dead / or wounded / or where hou­ses are broken / or where treasour is sayd to be founde / and shall forthwith com­maunde foure of the nexte townes or .v. or syx to appere before hym in suche a place / and when they are comen thyther the Coroner vpon the othe of them shall inquere in this maner / that is to wyte / if they knowe where the persone was fyrst slayne / whyther it were in any house / in the felde / in a bedde / in a tauerne / or in company / and who were there / lykewyse it is to be inquered who were culpable / [...]yther of the acte / or of the force / and who were present / eyther men or womē / [...] of what age so euer they be (if they can speke or haue any dyscrecyon / and howe [Page] many be founde culpable by the inque [...] in any of the sayd maners / wherupon they shalbe taken and delyuered to the sheryfe / & shalbe commytted to the gayle and such as be founden and be not culpable shalbe attached vntyll the comynge of the iustyces / and theyr names shalbe wryten in rolles. If it fortune any man to be slayne sodenly whiche is founde in the feldes or in the woodes fyrste it is to be seen / whyther he were slayne in the same place or not / & if he were brought and layd there / they shall do asmuche as they can / to folowe theyr steppes that brought hym thyther / whyther he were brought vpon an [...]orse or in a carte. It shalbe inquered also if the dead persone were knowen / or els a straungyer / and where he laye the nyght before / & if any be founde culpable of the murdre the co­roners shall ymmediatly goo vnto his house / and shall inquere what goodes he hathe / and what corne he hathe in his graunge / and if he be a fre mā / they shal inquere howe muche lande he hath / and what it is worthe yerely / & further what croppe he hath vpon the lande. And whē they haue thus inquered vpon euerye thynge / they shall cause all the lande / [Page 161] corne / and goodes to be balued in lyke maner as if they sholde be solde inconti­nently / and therupon they shalbe dely­uered to ye hole towne which shalbe aū ­swerable before the iustyces for all. And lykewyse of his freholde howe much it is worth yerely ouer and aboue the seruyce due to the lordes of the fee / and the land shall remayne in the kynges handes / vntyll yt the lordes of the fee haue made fyne for it. And immediatly vpon these thynges beynge inquered the bodyes of such persones beyng dead or slayne shal­be buryed. In lyke maner it is to be in­quered of them that be drowned / or so­denly slayne / or strangled by the sygne of a corde tyed strayte aboute theyr neckes or about any other of theyr membres / or vpon any other hurte founde vpon theyr bodyes / wherupon they shall procede in the fourme abouesayd / and if they were not slayne / then ought the Coroners to attache the fynders and all other in the companye. A coroner ought also to in­quere of treasour that is founden / who were the fynders / and lykewyse who is suspected therof / and that may be well perceyued where one lyueth ryotously hauntyng tauernes and hath done so of [Page] longe tyme / hereupō ve may be attach [...] for this suspeccion by .iiii. vi. or [...]o pled­ges if he may be founde. Further if any be appealed of rape he must be attached if the appeall be freshe / and they must see an apparaunt sygne of truth by effusy [...] of bloud or an open crye made / and such shalbe by .iiii. or .vi. pledges / if they may be founde. If the appeall were without crye / or without any many feste sygne or token two pledges shall be sufficyent. Vpon appeall of woundes specyally if the woundes be mortall the partyes ap­pealled shalbe taken immedyatly & kept vntyll it be knowen per [...]y [...]ely whythe [...] he that is hurt shall recouer or not. And if he dye the defendant shalbe kept. And if he recouer helthe / they shalbe attached by .iii. or syx pledges after as the woūd is greate or small. If it be for a mayme he shal fynde no lesse then fourt pledges / if it be for a small wounde or a mayme two pledges shall suffyse. Also all woun­des ought to be vyewed the length / bre­deth / and depen [...]s / and with what wea­pons / and in what par [...]e of the bodye the wounde or hurte is / and howe many be culpable / and how many woundes there be / and who gaue the wounde all which [Page 162] thynges muste be inrolled in the rolle of the corowners. Moreouer if any be ap­pealed of an act done as pryncypal they that be appealed of the force shalbe atta­ched also and surely kept in warde vn­tyl the pryncypalles be attaynted. Con­ [...]nyng horses / botes / cartes. &c̄. wher­by any is slayne / that proprely are cal­led deodande / they shalbe valued and de­lyutred vnto the townes / as before is sayd. Concernyng wrek of the see wher­soeuer it be founde / if any lay handes on it / he shalbe attached by sufficyent pled­ges / and the pryce of the wrek shalbe valued and delyuered to the townes / if any be suspected of the death of any mā beynge in daunger of lyfe / he shalbe ta­ken and imprysoned as afore is sayd. In lyke maner he shalbe leuyed for all mur­dres / burglaryes / and for men slayne or in perell to be slayne / as other where is vsed in Englande / and all shall folowe [...]he hue and steppes / as nere as can be. And he that doyth not / and is conuycte therupon / he shalbe attached to be afore the iustyces of the gayle. &c̄.

¶ Here endyth the statute vpon the offyce of Coroners.

¶ The estatute of proteccyons made the .xxxiii. yere of kynge Ed. i

EDwarde by the grace of God. &c̄. 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 proteccyō / imme­dyatly whē it is shewed in the court / wyl [...]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 shalbe entred and the matter shall abyde without day accordyng to the nature of the proteccion. And whan it shalbe 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 coūtre doth passe agaynst hym ths proteccyon shall torne as a de­faute to hym that caste it if he be tenaū [...] And if he be demaundaunt he shall les [...] [Page 163] his wryt and shalbe ame [...]yed vnto the kyng. Eyuen at westmynster the .xviii. day of Nouēbre / 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 cōge 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 [Page] / tentes / s [...]ygnouryes / plces / pu [...] chases / wardes / maryages / relyefes / e [...] ­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 womā 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 cōcludeth 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 ye fyne leuyed / if they make not they [...] [Page 164] [...]ayme of theyr accyon▪ within a yere [...] 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 / barōs and other that haue rentes in London / and for som tenemētes the rentes are be­hynde and can not recouer those rentes / that it shalbe lawful for thē to dystrayne theyr tenaūtes for the arrerages so long as any thyng is founde in ye fee wherby they may be dystraygned / & the tenātes shalbe impleded by a wryt of gauelet of customes & seruyces which may be well done by theyr fremē of ye cyte p̄sented in theyr huystynges for ye kepyng of theyr sute / to gather theyr rētes / so that if the tenantes do knowledge theyr seruyces / they shall incontinēt & without delay sa­tysfye theyr lordes of theyr arrerages. And if they denye them theyr seruyces / the demandātes shal ymmediatly name two wytnesses whose names shalbe in­rolled & shall haue a daye to bryng them forth at ye next hustynges at which day if they brynge forth wytnesses and it is shewed by them in the full court of they [...] [Page] 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 shalbe doubled / and they shal gyue to ye sheryfe for the wrōg full witholdynge (if they be worth so muche) without any g [...]udgyng the sum of an hundred. s̄. And if they do not com in after due somons in the huystynges / then the same fees shalbe delyuered vnto the playntyfes in the full huystynges to be holden and kept in theyr owne handes for one ye [...] & a daye within the whiche tyme if the tenaūtes 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 shalbe [Page 165] called forsch [...]k / because such tenemētes 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 graūted 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 shalbe dystrayned except they make som other meane. Also he hathe graunted that if any wyll complayne in the chauncery / because he was dystrayned. &c̄. and hath not .xx. li. yerely in fee or for terme of [Page] lyfe and wyll proue that by the countre then it shalbe wryten vnto the more dis­crete and sage knyghtes of the shyre to take the sayd inquysicyon / and if it for­tune to be tryed so by the same inqueste / he shall haue remedye and the dystresse shall cease. Also if any be impleded for al his land or for parte of the same / so that the resydue be not suffycyent to the va­lue of .xc. li. and can proue the same / then the dystresse shall cease vntyll the same plee be determyned. Also if any of them be bounden in certayne dettes awarded in the eschequer for a certayn summe to be receyued yerely out of his landes / so that ye resydue therof doyth not amoūte to the yerely value of .xx. li. besydes the same summe the dystresse shall cease vn­tyll the foresayd dette be clerely payed. And none shalbe dystrayned to take vpō 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 [...]allage when the kynges demeanes are taylled / shalbe dystrayned to take vpon hym the ordre of a knyght. Also of them [Page 166] that holde theyr lādes in socage of other maners then of the maners of the kyng doynge no foreyn seruyce / the rolles of the chaūcery shalbe serched for the tyme of the kynges predecessours. And it shal be done as it hath vsed to be done. In lyke maner shalbe done of clerkes beyng within ordres holdynge laye fee whiche sholde be knyghtes if they were laye. Also none shalbe 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▪ 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 ye 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 compaygnyōs 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 [Page 167] 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 ye 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 ī 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 [Page] holde place aswell for waste and dystruccyon made in landes and tenementes of his owne inherytaunce and aswel in the tymes of his aūcetours as at any other tyme that the fee and inherytaunce dys­cended vnto hym and shalbe 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 ī 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 compaygnyōs that they do procede in the foresayd matter / and in other lyke fromhensforthe and iudgement shalbe 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 shalbe signed with an yrō 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 shalbe greuously amerced. And all measures of any towne both great & small shalbe vewed and examined twyse in a yere. If any be cōuyct for a double measure / that is to wyte a greater for to bye with / & a small to sell with / he shalbe imprysoned for his falshode and shall be greuously ponyshed. The standard bus­shelles and elles shalbe 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 [...]tes malte and fetche.

¶ Finis.

¶ The statute of forstal­lours made. &c̄.

IT is comaunded on the behalfe of our soueraygne lorde the kynge that no forstallours shalbe 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 preuēt 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 marchaūdyse / offeryng them to bye and informyng thē that theyr goodes myght be derer sold then they intended to sell / & an hole towne or a countre is deceyued by such craft and subtilitie. Fyrst he that is conuyct shalbe amerced and shall lese the thynge so bought / & that accordyng to the custome & ordinaūce of the towne / he that is conuycte the secounde tyme / shall haue iudgement of the pyllorye. At the thyrde tyme he shall be imprysoned [...] [Page 169] raunsomed / the fourth tyme he shall ab­iure the towne / and this iudgement shal be gyuen vpon all maner of forstallours and lykewyse vpon them that haue gy­uen them counsell / helpe / or fauour.

¶ Finis.

¶ The statute of pryses.

THis artycle concernynge pryses made by kyng Edwarde father to our soueraygne lorde the kyng that now is amonge other artycles made by hym in lyke maner for the amendemēt of his people at his parlyament at westmyn­ster the .xxviii. yere of his reygne which artycle our soueraygne lorde the kynge wylleth for to be kept to the profytte of his people vpon the paynes conteyned in the same article. For asmuch as there is a greate greuaunce in the realme and damages without measure for that that the offycers of the kynges housholde as wel alyens as denyzens make theyr pry­ses there where the passe through the realme and take the goodes of the people aswell spirituall as temporall without payng any thyng or much leser then the value. It is ordeyned fromhensforthe that none shall make pryses for the kyng [Page] through the realme but the purueours for the kynges house / & for pryses that they shall make in the countre of meate or drynke and other necessarye thynges for the house they shal paye or agre with them / of whom the thynges were taken and that all the kyngers takers & pur­ueyours shal haue fromhensforth theyr warrāte with them of the kynges great or pette seale conteynyng theyr power & the kynges / wherof he shall make pry­ses or purueance the whiche warrante they shall shewe to them of whome they do make theyr pryses before they do take any thyng. And that such takers or purueyours for the kyng shall not take any more then is necessarie or nedeful for the kynge / his housholde / and his chyldren. And that they take no thynge for suche as be in wages nor for no other / & that he shall aunswer fully in the warderobe of the house without makyng any other where larges or lya [...] of thynges takē for the kynge. And if any purueyour for the kinges house by warrant hath made pryses otherwyse then is lymytted be­fore / vpon complaynie made to the stew­arde and to the treasourer of the kynges house the truthe shalbe inquered / and if [Page 170] he be attaynted therof agrement shalbe made to the playntyfe ymmediatly and he shalbe put out of the kynges seruyce for euer & shall remayne in pryson at the kynges pleasure. And if any make pry­ses without warrant and doyth carray them away agaynste the wyll of hym to whome the goodes dyd belonge / he shal be arrested forthewith by the towne where the pryse was made / and carryed vnto the next gaole / and if he be therof attaynted he shalbe ponyshed as he shuld be for felonye / if the value of the goodes do so requyre.

¶ Finis.

¶ An ordynaunce of purchasyng lybertes made the .xxvii. yere of kynge Edwarde .i.

IT is to be vnderstanden that the kynge ordeyned at westmynster the fyrste day of Apryll the .xxvii. yere of his raygne that such as wolde purchase a newe parke. Men of relygion that wold amortyse landes or tenementes shulde haue wryttesout of the kynges chaun­cery for to inquere vpon the poyntes ac­customed of suche thynges / and that [...] questes of landes or tenementes that [Page] be worth yerely more then .xx. li. that is to wyte by extente / be retourned into the eschequer and there to make fyne for the amortizynges or for hauynge a parke if the inquestes do passe for hym that pur­chased them / and afterward it shalbe certefyed vnto the chauncellour or his de­pute that he take a resonable fyne ther­fore accordynge to the quantyte of the thynge and after to delyuer it. In lyke maner they shall do that wyll purchase landes or tenemētes holden of the kyng in chyefe. Also folke dwellynge beyonde the see that haue landes / tenementes / or rentes in Englande / and wyll purchase lettres of proteccyon or wyl make gene­rall attorneys they shalbe sent vnto the eschequer and there shall make theyr fy­nes / and fromthens shalbe sent vnto the chauncellour / or his deputye / for that that he ought to do therin. In lyke ma­ner they shall do that wyll purchase any fayre / markette / warreyn / or any other lyberte. Also suche as wyll purchase at­termynement of theyr dettes shalbe sent into the eschequer. Also suche as be not able to trauaylle and folke that dwell in ferre countyes / which plede or be imple­ded shal haue a wrytte out of the chaun­cery [Page] to some sufficyent man that shal re­ceyue the attorneys when nede is. And for a remembraunce of these thynges there is an indenture made dyuided in­to thre partes / wherof one parte remay­neth in the chauncerye / another in thes­chequer / & the thyrde in the garderobe.

¶ Finis.

¶ A statute of the Leap yere made the .xxi. yere of K. Henry .iii.

THe kynge vnto his Iustyces of the benche / greatynge. Knoweye that where within our royalme of Englande it was doubted of the yere and daye that were wont to be assygned vnto syke per­sones beynge impleded when and front what day of the yere goyng before vnto another day of ye yere folowing / ye yere and daye in a leap yere ought to be takē and rekened how longe it stode. We ther­fore wyllynge that a conformyte be ob­serued in this behalf euery where within our realme and to auoyde all daungyer from such as be in plee. Haue prouyded and by the counsell of our faythfull sub­iectes haue ordeyned that to esche we frō hensforthe all doubte & ambiguyte that myght aryse hereupon / the daye increa­synge in the leap yere shalbe accompted for [...]

¶ A statute of the extente of a ma­ner made the .iiii. yere of K. Edward the fyrst.

FIrste it is to be inquered of castelles & also of other buyldinges dyched about what the walles / buyl­dynges / tymbre / stone / leade / and other maner of coueryng is worth. And howe they may be solde accordyng to the very value of the same walles and buyldyng. And for how much the buyldynges without the dyche maye be solde / and what they be worthe with the gardeyns / curtylages / douehouses / and all other issues of the courte by yere. It is to be inquered also howe many feldes are of the demeanes / and how many acres are in euery felde / and what euery acre is worthe by the yere. Also howe many acres of medowe are of the demeanes and howe muche euery acre by it self is worth by the yere to be let out. Also howe many acres of pasture there be and for what beastes or catelles the same pasture is most neces­sarye / and howe many it wyll fynde and of what maner / and what the pasture of euery beast is worth to be let out by the [Page] yere. Also foren pasture that is comon how many and what beastes and catell the lorde may haue in the same / & howe much the pasture of euery beast is worth by the yere to let. Also it is to be inque­red of parkes & demean woodes whiche the lord may assarte and improue at his pleasure and howe many acres they contayne / and howe much the vesture of an acre is worth / and howe much the lande is worth after the wood is fellyd / & howe many acres it conteyneth / and howe muche euery acre is worth by yere. Al­so it is to be inquered of foreyn woodes where other men haue comon and howe much the lord may improue to hymselfe of the same woodes / & howe many acres and for howe much the vesture of euery acre maye be solde / and howe muche the grounde is worth yerely after that the woode is fellyd / and howe many acres it cōtayneth & what euery acre is worth by the yere. Also it is to be inquered we­ther the lord may gyue or sell any thyng of the resydue of the foresayd woodes / & what suche geftes or sales are worth by the yere. Also it is to be inquered of pawnage and herbage of the towne and all other profyttes of forestes / woodes / ry­uers / [...]

¶ The newe statute of Quo warranto made the .xxx. yere of K. Ed .i.

THe yere of our Lord M. CC .lxxviii. the .vi. yere of the reygne of kynge Edwarde at Gloucestre in ye moneth of August / the kynge hymselfe pro­uydyng for the welthe of his realme / and the more full mynistra­cyon of iustyce as to the offyce of a kyng belongyth (the more dyscrete men of the realme aswell of hyghe as of low degre / beyng called thyther) It was prouyded and ordeyned that where the realme of Englande in dyuerse cases aswell vpon lybertes as otherwyse wherin the lawe fayled / to auoyde the greuous damages and innumerable disherytes that the de­faute of lawe dyd brynge in / had nede of dyuerse helpes of new lawes & certayne new prouisyons / that these prouisyons / statutes / and ordynaunces vnderwryten shall fromhensforthe be straytly and in­uiolably obserued of all the inhabitaun­tes of his realme / where as prelates / er­les / barōs / and other of our realme that clayme to haue dyuerse lybertes whiche [Page] to examyne and iudge. The kynge had prefyxed a day to such prelates / erles / barons / and other. It is prouyded / agreyd and ordayned that the sayd prelates / er­les / barons / and other shal vse such ma­ner of lybertes / after the fourme of wryt here folowynge. Rex vic̄ salutem. Cum nuper in parliamento nostro apud west­monasterium per nos & consilium nostrū prouisum sit & proclamatum / (quam) prelati / comites / barones / & al [...] de regno nostro qui diuersas libertates per cartas progenitorum nostrorum regum Anglie habere clamant / ad quas examinandas & iu­dicandas diem prefixe [...]imus in eodē parliamēto libertatibus illis taliter vteren­tur (quam) nihil sibi per vsurpacionem seu oc­cupacionem accrescerent / nec aliquid su­per nos occuparent. Tibi precipimus (quam) omnes illos de com̄ tuo libertatibus suis quibus hucusque rationabiliter vsi sunt vti & gaudere permittas in forma predicta vsque ad proximum aduentum nostrū per comitatum predictum vel vsque ad proximum aduentum iustic̄ i [...]inerantiū ad omnia placita in comitatu / vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus. Teste. &c̄. In lyke maner & in the same fourme [Page] And if percase they wyll challenge / and saye that they are not bounden to aun­swere in the origynall wrytte / then if it may apere by any mean / that they haue vsurped any lybertes vpon the kynge or his predecessours / of theyr owne hed or presumpcion / they shalbe comaunded to aunswere incontynent without wrytte. And moreouer they shall haue such iud­gement as the courte of our soueraygne lorde the kyng wyll awarde. And if they wyll saye further that theyr auncetours dyed seased therof / they shalbe hard / and the truth shalbe inquered incontynent / & accordyng to that / iudgement shalbe gyuen. And if it appere that theyr aunce­tours dyed seased therof / then the kynge shal haue a wrytte out of the chauncery in this fourme. Rex vic̄ salutem. Sum. perbonos summoni [...] talem (quam) sit coram nobis apud talem locum in proximo ad­uentu nostro in comitatu predicto vel coram iusticiarus nostris ad proximā assi­sam cum in partes illas venerint often▪ surus quo warranto tenet visum franci­pleg. in manerio suo de N. vel sic quo warranto tenet hundredum de S. in co­mitatu predicto / vel quo warranto c [...]amat habere tholoneum pro se & heredi­bus [Page] suis per totum regnum nostrum. Et habeas ibi hoc breue. Teste. &c̄. And if they come in at the same day they shal aunswere / and if they do not come nor be essoyned before the kynge / and the kyng do tarye lenger in the same shyre suche ordre shalbe taken as is in the circuyte of iustyces. And if the kyng depart from the same shyre they shalbe aiourned vn­to short dayes and shal haue reasonable delayes accordyng to the discreciō of the iustyces / as it is vsed in personal acci [...]s. Also the iustyces errāt in theyr circuyte shall do accordyng to the foresayd ordy­naunce and accdrdyng as suche maner of plees ought to be ordered in the cir­cuyte. Concernyng complayntes made and to be made of the kynges baylly [...]es and of other it shalbe done accordyng to the ordynaunce made before therupon / and accordynge to the inquestes taken therupon heretofore / and the clause sub­scribed shalbe put in a wryt of comō so­mōs in the circuyte of ye iustyces assyg­ned to comō plees dyrected to ye sheryf. &c̄. & yt shalbe such. Rex vic̄ salutē. Precipimus tibi (quam) publice ꝓclamari facias (quam) omnes conquerentes seu conqueri volentes tam de ministris et aliis balliuis [Page] nostris quibuscunque (quam) de ministris et balliuis aliorum quorumcunque et aliis ventāt coram iusticiarus nostris ad pri­mam assisam ad quascunque querimo­nias suas ibidem ostendendas and com­petentes emendas iude recipiendas se­cundum legem et consuetudinem regni nostri et iuxta ordinationem per nos iu­de factam et iuxta tenorem statutorum nostrorum / et iuxta articulos eisdem iu­sticiarus nostris iude traditos / prout predicti iusticiaru tibi scire faciant ex parte nostra.

Teste meipso. &c̄.

¶ Finis.

¶ An ordynaūce of inquestes made the .xxxiii. yere of kyng Ed­warde the fyrste.

OF inquestes to be taken before any of ye iustyces & wherin our soueraigne lorde the kyng is partye howe so euer it [...]e. It is agreyd and ordayned by the kyng and all his counsell that from­hensforth notwithstandyng it be alled­ged by them that sue for the kynge that the iurours of those inquestes or some of [Page] them be not indyfferent for the kynge / yet such inquestes shal not remayne vn­taken for that cause / that is to say if any of them that sue for the kyng wyl chal­lenge any of those iurours / they shall as­sygne for theyr callenge a cause certayne and the truth of the same challenge shal be inquered whyther it be true or not af­ter the dyscrecyon of the iustyces / so the ordynaunce precedent & the ordynaunce folowyng of the foreste were made in the parlyament at westmynster / the sonday nexte before the feast of saynct Mathew Apostle / the .xxxiii. yere of the reygne of kynge Edwarde sone of kynge Henry.

¶ An ordynaunce of the foreste made the .xxxiii. yere of K. Edwarde the fyrst.

UUhere as certayne people that be putte out of the foreste for the pur­lyew and by greate men / haue made re­quest to our soueraygne lorde the kynge at this parlyament that they myght be acquyted of theyr charge and of thyn­ges that the forestars demaunde of them / as they were wont to be / [...]ur so­ueraygne lorde the kynge aunswe­red fyrste that where he hadde graun­ted purlyew that he was pleased / that [Page] it shulde stande in lyke maner as it was graunted / all be it that the thynge were suyd and demaundyd in an euyll tyme / neuerthelesse he wylleth and intendeth that all his demeā landes where so euer they be / that haue ben of the crowne / be retourned by waye of escheate or other­wyse / shall haue escheate of fre chase and fre warren / and in suche maner shalbe saued and kepte to his vse for all maner of eschetes and for all maner of thynges that pleaseth hym. And ī ryght of them that haue landes and tenementes disa­forested for the sayd purlyew and suche as demaunde to haue comen within the boūdes of forestes. The entent and wyll of our soueraygne lord the kyng is that fromhensforth (where purlyew is) they may clayme to be quyte of porture of ye forestes / and where as the kynges bea­stes can not haue theyr haunte & repayre vpon the foreste grounde as they had so longe as they were within the forestes / that such folke shal not haue comon nor other easement within the boundes of the woodes nor of the landes the which remayne in foreste / but if any of them that be dysaforested by ye purlyew wold rather be within the forest / as they were [Page 179] before / then to be out of the foreste / as they be now. It pleasyth the kyng very wel that they shalbe receyued therunto / so that they may remayne in theyr aun­cyent estate / and shall haue comen and other easement aswell as they had be­fore. Wherupon our soueraygne lord the kyng wylleth and comaundeth that his iustyces of ye forestes on this syde Trent and beyonde Trent in lyke maner shall kepe and holde and cause to be kept and holden straytly the foresayde poyntes within theyr lybertes in the fourme a­boue mencyoned.

¶ Finis.

¶ A statute of conspiratours made the .xxxiii. yere of kynge Edward .i.

WHereit is cōteined ī our statute yt n one of our courte shal take any ple to chāper tye by crafte nor by engyn pleders / apprentyses / attorneys / stewardes of great men / bayllyfes / nor any other of the re­alme shal take for mayntenaūce or other lyke bargayne any maner of sute or plee thorough out the realme wherby they [Page] that be ryche are greuyd and pore men trauayled in dyuers maners. It is pro­uyded by a comon accorde that all such as fromhensforthe shall be attaynted▪ of suche empryses / sutes / or bargeyns / and suche as consente to suche maner of dealyng shal haue imprysonment of .iii. yeres / and shalbe raunsomed at the kyn­ges pleasure. Gyuen at Berwyke vpon Twede the .xx. yere of ye reygne of kyng Edwarde. Our soueraygne lorde the kynge at the informacyon of Gylberte [...]owbery clerke of his counsell / hath comaunded that who so euer wyll com­playne hymselfe of cōspyratours of false quareles / vpholders / inuentours / and maynteynours of false matters & parte takers therof & brokers of debates / that Gylbert of Thorneton shall cause them to be attached by his wryt that they be afore our soueraygne lorde the kynge to aunswere vnto the playntyfes by this wrytte folowynge. Ker vicec̄ salutem. Precipimus tibi (quam) si. A. de. G. fecerit le securum de clamore suo prosequendo / tunc [...]on [...] per vadium et saluos plegios G. de. C. (quam) sit coram nobis in octauis sancti Iohannis Baptyste / vbicunque tunc [...]uc [...]mus in Anglia ad responden­dum [Page 180] predicto. A. de placito conspiratio­nis et transgressionis secundum ordina­cionem nostram nuper inde prouisam / sicut ibidem. A. ratinabiliter monstrare poterit / quod ei inde respondere debeat. Et habeas ibi nomina plegiorum et ho [...] breue. Teste. &c̄.

¶ Here endyth the statute of conspiratours. ⸫

¶ An ordynaunce of measuryng lande made the .xxxiii. yere of kynge Edwarde the fyrst.

WHen an acre of lande con­teineth .x. perches in lēgth then it shall be in bredeth xvi. perches / when it con­teyneth .xi. perches ī lēgth then it shall be in bredeth .xiiii. dim̄ q̄r. one fote / when it is .xii. thē xiii. and one fote / when it is. 13. then. 13. 5. fote. 1. ynche / when. 14. then. 11. fote. 1. ynche / when. 15. then. 10. and dim̄. 2. fote and dim̄ / when 16. then. 10. when. 17. thē 11. 3. fote. 3. ynches and dim̄ / when. 18. then. 8. dim̄. 6. fote and dim̄. 5. ynches / when. 19. then. 8. 6. fote. 4. ynches and dim̄ / when. 20. then. 8. perches / when. 21. then. 8. perches and dim̄. 2. fote. 1. ynche / [Page] when. 22. then. 7. 1. q̄t. 8. ynches & dim̄. when. 23. then. 6. and dim̄ .iii. ynches. 6. fote and dim̄. when. 24. then. 6. and dim̄ 2. fote and dim̄. 3. ynches. when. 25. then 6. and. 1. q̄t. 2. fote / and dim̄ ynche. when 26. then. 5. and dim̄. 6. fote. 2. ynches. when. 27. then. 5. and dim̄. 3. fote. when 28. then. 5. 7. fote and dim̄. when. 29. thē 5. 7. fote and dim̄. when. 30. then 5. 6. fote. when. 31. then. 5. 2. fote and dim̄. when. 32. then. 5. when. 33. then. 4. & dim̄ 1. q̄r. 1. fote & dim̄. 1. ynche. when. 34. then 4. and dim̄. 3. fote. 4. ynches and dim̄. 1. q̄t. when. 35. then. 4. and. 1. dim̄. 1. fote. 2. ynches and dim̄. when. 36. then. 4. and 1. q̄t. 3. fote. 5. ynches and dim̄. when. 37. then. 4. 1. q̄t. 3. fote and dim̄. when. 38. then. 4. fote and dim̄. when. 39. then. 4. 1. fote and dim̄. 2. ynches and dim̄. when 40. then. 4. when. 41. then. 3. and dim̄. 1. q̄t. 2. fote and dim̄. when. 42. then. 3. 1. q̄t 1. fote. when. 43. then. 3. 2. fote and dim̄. when. 44. then. 3. and dim̄. 1. fote. and. 5. ynches. when. 45. then. 3. and dim̄.

¶ Finis.

¶ Here foloweth the statute of Acton Burnell made the .xiii. yere of K. Ed .i.

[Page 181] FOrasmuch as merchaun­tes which hertofore haue lente theyr goodes to dy­uerse persones be greatly impoueryshed / because there is no spedy law prouyded for them to haue recouery of theyr dettes at the daye of payment assygned. And by reason hereof many merchaun­tes haue withdrawen to com into this royalme with theyr merchaundyses to the great damage aswell of the merchū ­tes as of the hole royalme. The kynge hymselfe and his counsayll hath ordey­ned & establyshed that euery merchaunt which wylbe sure of his dette / shal cause his dettour to come before the mayer of London or of yorke or of Brystow / or before the mayer and a clerke (whiche the kynge shal appoynte for the same) for to knowlege the dette and the day of pay­mēt / & the recognysaunce shalbe entryd into a roll with the hande of the sayde clerke / which shalbe knowen. Moreouer the sayd clerke shal make with his owne hande a byll obligatorye wherunto the seale of the dettour shalbe put / with the kynges seale that shalbe prouyded for the same purpose the whiche seale shall [Page] remayne in ye kepyng of the mayer and clerk abouesayd. And if the dettour doth not paye at the day of hym lymyted / the creditor shal come before the sayd mayer and clerke with his byll obligatorye. And if it be found by the rolle and by the byll that the dette was knowledged and that the daye of payment is expyred the mayer shall incontynent cause the mo­uables of the dettour to be solde as farre as the dette doth amounte at the prey­syng of honeste men / after the maner of borugh goodes deuysable vntyl the hole summe of the dette & the money be fully payed to the creditour. And if the mayer can fynde no byer / he shal cause the mo­uables to be delyuered to the creditour at a reasonable pryce / asmuche as doth amounte to the summe of the dette. And the kynges seale shall be putte vnto the sale and delyueraunce of the goodes de­uysable for a perpetuall wytnesse. And if the dettour haue no mouables within the iurisdiccyon of the mayer wherupon the dette may be leuyed / but peraduen­ture hath some otherwhere within the reyalme / then shall the mayer retourne the recognysaunce made before hym and the clerke aforesayd vnto the chauncel­lour [Page 182] vnder the kynges seale. And the chauncellour shall dyrecte a wrytte vn­to the sheryfe in whose baylewyke that the mouables of the dettour hap to be / and the sheryfe shall cause hym to agree with his creditor in such fourme as the mayer shulde haue done / in case that the mouables of the dettour had ben within his power. And let them that haue prey­sed the mouable goodes to be delyuered vnto the creditour / take good hede / that they doo sette a reasonable pryce vpon them / for if they do sette an ouer hyghe pryce for fauour borne to the dettour to the damage of the creditor / then shall the thynge so preysed be delyuered vnto themselfes at such pryce as they hauely mytted / & shalbe forth with aunswerable vnto the creditour / & if the dettour wyll saye that the mouable goodes were de­lyuered or solde for lesse then they were worthe / yet shall he haue small remedie therby / for when the mayer or the sheryf haue solde the mouable goodes lawfully to hym that offered most / he may accoūt it his owne foly that he dyd not sell his owne mouable goodes hymselfe before the day of ye suyte (when he myght well ynough) & so haue leuyed ye money with (his [Page] owne hendes. And if the dettour haue no mouables wherupō the dette may be leuyed then shal his body be takē where it may be founden & kepte in pryson vn­tyll that he hath made agrement / or his frēdes for hym. And if he haue not wher with he maye sustayne hymselfe in pry­son / the creditor shall fynde hym bread & water to thende that he dye not in pry­son for defaute of sustenaunce / the which costes the dettour shall recompence hym with his de [...]e / before that he be let out of pryson. And if the creditour be a mer­chaunt straungyer he shall remayne at the costes of the dettour for so long tyme as he taryeth about the suyte of his det / and vntyll the mouable goodes of the dettour be solde or delyuered vnto hym. And if the creditour do not take the del­tour alone for the suretye of his paymēt by reason wherof pledges or maynper­nours be founden / then those pledges or maynpernours shall come before the mayer and clerke abouesayd / and shall bynde themselues by wrytynges and re­cognysauncec [...] / in lyke maner as the pryn cypall dettour. And in lyke maner if the dette be not payed at the daye lymytted / such execucyon shalbe awarded agaynst [Page 183] the pledges or maynpernours as before is appoynted for the dettour. Prouyded neuerthelesse that so longe as the dette may be fully takē & leuyed of the goodes mouable of the dettour in fourme aboue mencyoned the maynpernours or pled­ges / shalbe without damage / notwith­standyng for defaute of mouable goodes of the dettour / the creditour shall haue execucyon of his recognysaunce vpon the maynpernours or pledges in suche maner and fourme as before is lympted agaynst the pryucypall dettour.

¶ Finis.

¶ Artycles vpō the chartours made the .xxviii. yere of kynge Ed­warde the fyrste.

FOr-asmuche as the artycles of the greate chartour of the lybertes of Englande and of the chartour of forest / the whiche kynge Henry father to our soueraygne lorde the kynge graunted to his people for the weale of his royalme / haue not ben heretofore obserued ne kepte / and all because there was no po­nyshement executed vpon them whiche offendyd agaynste the poyntes of the chartours before mencyoned. Our soue­raygne [Page] raygne lorde the kynge hathe agayne graunted / renewed / and cōfermed them / at the requestes of his prelates / erles / & barons assembled in his parlyamēt hol­den at westmynster the xxviii. yere of his reygne. And hath ordeyned / enacted / & establyshed certayne artycles agaynste al them that offende cōtrary to the poyntes of the sayd chartours or any parte of them / or that in any wyse transgresse them in the fourme that ensuyth.

1. Fyrst of all that fromhensforth the greate chartour of the lybertes of En­glande graunted to all the comynalte of the royalme and the chartour of foreste in lyke maner graunted to be obserued / kept / and maynteyned in euery poynte / in as ample wyse as ye kynge hath graū ted / renewed / and cōfermed them by his chartour. And that the chartours be de­lyuered to euery sheryfe of Englande vnder the kynges seale so be red foure tymes in the yere before the people in the full conntie / that is to wyte the next coūtie day after the feast of S. Myghell and the nexte countie day after the feaste of the circumcisyon and after Easter / and after the feast of saynt Iohan Babtyste. And for these two chartours to be [Page 184] fermely obserued in euery poynte and artycle (where before no remedie was at the comon lawe) there shalbe chosen in euery shyre court by the cominaltie of the same shyre thre substancyall men / knyghtes / or other lawful wyse and wel dysposed persones to be iustyces / whiche shalbe assygned by the kynges lettres patentes vnder the greate seale to here & determyne (without any other wrytte but onely theyr cōmissyon) such playnte as shalbe made vpon all those that com­mytte or offende agaynst any poynte cō ­teyned in the foresayd chartours / in the shyres where they be assygned aswell within fraunchyses as without. And aswell for the kynges seruauntes out of theyr places as for other / and to here ye playntes from daye to day without any delaye / and to determyne them without allowyng the delayes whiche be at the comon lawe. And that the same knygh­tes shall haue power to ponyshe all such as shalbe attaynted of any trespas done contrarye to any poynte of the foresayd chartours (where no remedye was be­fore at the comon law) as before is sayd by imprysonment / or by fyne / or by amercyment accordynge to the trespas. [Page] [...]ll be it the kyng nor none of his coun­sell that made this ordynaunce entende that by vertue hereof any of the fore­sayd knyghtes shall holde any maner of plee by power for to admytte any suyte in suche cases wherin there hath ben re­medy prouyded in tymes passed after the course of the comou lawe by wrytte. Nor also that the comon lawe shulde be pre [...]udyced nor the chartours aforesayd in any poynte. And the kynge wylleth that if all thre be not present / or can not at all tymes attende to doo theyr offyce in fourme aforesayd the kynge comaun­deth that two of them shall do it. And it is ordeyned that the kynges sheryfes & baylyfes shalbe attendant to do the commaundementes of the foresayd iustyces as ferforth as appertayneth vnto theyr offyces. And besydes these thynges graū ted vpon the Artycles of the chartours aforesayd. The kynge of his specy all grace for redresse of the greuaunces that his people hath sustayned by reason of his warres and for the amendement of theyr estate / and to the entent that they may be the more redy to do hym seruyce / and the more wyllynge to assyste & ayde hym in tyme of nede / hath graunted cer­tayne [Page 185] artycles the which he supposeth / shall not onely be obserued of his lyege people / but also shalbe asmuche profita­ble or more then any of the artycles here tofore graunted.

2. Secondarely forasmuch as there is a comon greuaūce through out the hole realme & damage without measure for that the kynge and his minystres exacte greate pryses aswell of alyens as of de­nyzens where as they passe through the royalme / and take the goodes aswell of clerkes as of laye people / whiche eyther pay nothyng at al / orels much lesse then the value. It is ordeyned that fromhensforth none do take any such pryses with in the royalme / but only the kynges ta­kers and the purueyours for his house­holde / and that the takers and puruey­ours of his house shall take nothynge / but only for his houshold. And touchyng suche thynges as they shall take in the countre of meate and drynke and suche other meane thynges necessarye for the housholde / they shal paye or make agre­ment with them of whome the thynges were taken. And that all the kynges takers purueyours / or catours frōhens­forthe shall haue theyr warrante with [Page] them vnder the kynges greate or petye seale declarynge theyr auctorite and the thynges wherof they haue power to make pryse or purueyaunce the whiche warrante they shal shew to them whose goodes they take before that they take any thynge. And that those takers / pur­ueyours / or catours for the kynge shall take nomore then is nedeful for ye kyng his housholde / and his chyldren. And that they shall not take any thynge for them yt be in wages / nor for any other. And that they shall make full aunswere in the courte or in the warderobe for all thynges taken by them / without ma­kyng theyr larges any other where / or lyueres of suche thynges as they haue taken for the kynge. And if any taker for the kynges house by reason of his war­raunte make any pryse or syuere other­wyse then before is mencyoned / vpon cō playnte made to the stewarde and to the treasourer of the house / the truth shalbe inquered. And if he be attaynted therof / he shall forth with make agrement with the partye / and shall auoyde the courte for euermore / and shall remayne in pry­son at the kynges pleasure. And if any make pryse without warrante & carye it away agaynst the wyll of the owner / he [Page 186] shal immedyatly be arrested by ye towne where the pryse was made & shalbe had vnto the next gayle / & if he be attaynted therupō / it shalbe done to hym as vnto a thefe / if the quātite of ye goodes do so re­quire. And concernyng pryses made infayres / good townes / & in portes for the kynges warderobe / the takers shal haue theyr comon warrant vnder the greate seale. And for the thinges that they shal take / it shalbe testefyed vnder the seale of [...]he keper of the warderobe / & the nom­bre of the thynges taken / the quantite & the value / wherof there shall be a d [...]uy­dende made betwene the [...]akers and the kepars of fayres / mayers / or [...]hyef [...]ayllyfes of townes & portes by the vyew of merchaun [...]es whose goodes shalbe so ta­ken / & they shall not be suffered to take any more then is cōteyned in theyr dy­ [...]ydende / whiche dyuydende shalbe had into the warde [...]o [...]e vnder the seale of the wardey [...] / mayer / or chyef [...]ayllyf afore­sayd / & there shall remayne [...]tyl the ac­coūte of the warde [...]obe vnto the kyng / & if it be founde that any hath taken other wyse thē he ought to do / vpō his accōpt he shalbe ponyshed by the kepars of the kynges warderobe after his deserte / & if any make such pryses without war [...] [...]e & be attaynted therupon / he shal inc [...]rr [...] [Page] the same payn / as they which take pry­ses without warrante as before is sayd. Neuerthelesse the kynge and his coun­sell do not intende by reason of this este­tute to dymynyshe the kynges ryght for auncyent pryses due and accustomed as of wynes and other goodes but that his ryght shall be saued to hym hole in all poyntes.

3. Cōcernyng ye authoritete of stewardes & marshalles / & of such plees as they may holde and in what maner. It is ordeyned that fromhensforth they shall not kepe plee of freholde / neyther of det / couenaunt / nor of any contracte made betwene the kynges people / but onely of trespas done within yt house / or within the vierge / and of suche contractes and couenauntes yt one of the house makyth with another within the house and none other where. And they shall plede no plee of traspas / excepte the partye were at­tached by them / before the kynge depar­ted frō the place where the trespas was commytted / and shall plede them spedely from daye to daye / so that they may be pleded and determyned before that the kynge departe out of the lymytes of the same vierge where ye trespas was done. [Page 187] And if it so chaunce that they can not be determyned within the lymytes of the same vierge / then shall the same plees c [...]ase before the steward / and be matters determynable at the comon lawe. And frōhen [...]forth the stewarde shall not take conusance 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 determinaciō 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 ye vierge haue ben vnponished / & all because the coroners of the coun [...]re haue not ben authorysed to inquere of felonyes done within the vierge / but on­ly the coroner of ye kynges house / which neuer cōtynueth 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 ye 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 [Page] offyce is to make vyew & inquest / it shal­be comaūded to the coroner of the coūtre 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 felōs can not be attached) or for other lyke cause / shalbe remytted to the comon lawe) so that ex [...]gendes / ont­lawryes / & presentmentes shall be made therupō in the [...]rcuyte by the coroner of the [...]tūre aswel as of other felonyes done out of the v [...]erge / neuertheles they shall not omyt by reson hereof to make attachmentes freshe [...]y vpon the felonyes done.

4. Moreouer no comō plee shalbe frō ­hensforth holdē in theschequer cōtrary to the fourme of the great chartour.

5. And on the other partye the kynge wyll that the chaūcellour & the iustyces of his bench shall folowe hym / so that he may haue at all tymes nere vnto hym s [...]e that be learned in the lawes which be able d [...]y [...] ordre all suche matters as shall com vnto the court at all tymes when [...]d [...] [...]quyre.

6. [...] shall no wrytte frōhensforth that [...] comon lawe go forth vnder any of the p [...]y seales.

[Page 188]7. The constable of the castel of Douer shal not frōhensforth holde any plee of a foreyn coūtie / within the castell gate / except it towche the kepyng of the castell / nor the sayd constable shal not dystray [...] the inhaby [...]auntes of the fyue portes to plede any otherwhere nor otherwyse / then they ought after ye fourme of theyr chartours obtayned of kynges for theyr olde fraūchyses cōfermed by the greate chartours. 8. The kynge hath graū ted vnto his people / that they shall haue eleccyon of theyr sheryfe in euery shyre (where the shryualte is not of fee) if theyWest [...]. [...], 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 yt otherwyse doyth & be attayn­ted therupon / shall paye vnto the playn­tyfe his damages double / & shalbe gre­uously amerced vnto the kynge.

10. In ryght of cōspiratours / false in­fourmours / & imbraceous of assyses / in­questes & iuryes / the kynge hath prouy­ded remedy for the playntyfes by a wryt out of the chauncery.

[Page]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 mayntenaūce by which estatute other officers were not boundē before this tyme. The kynge wyl that no offycer nor any other (for to obtayne part of ye thyng in plee) shall bere any matter that is in suyte. Nor none vpon any such couenaūt 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 atteynd [...]e / who so euer wyl sue for the kyng before the iustyces afore whō the plee hangeth shalbe admytted ther­to ▪ and the iudgement shalbe gyuen by them. But it may not be vnderstanden hereby / that any persone shalbe prohy­bytte [Page] 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 conueniēt sure­tye for a daye within which a man may purchase remedie [...]or to agree with the demaunde / the dystres shall be reles­sed in the mean tyme / and he that other­wyse doth shalbe 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 [Page] let to ferme at two greate soms / wherby the people is ouercharged by makynge contribucyon to such fermes.

15. In somons & attachemētes in plee of lande / the wryttes frōhensforth shall conteyne .xv. dayes full at the leste after the comō lawe / if it be not an attahcmēt of assyses taken in the kynges presence / or of plees before iustyces ī 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 / & mā [...]laughters are comytted out of measure / & ye peas lytle obserued / by reason yt 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 & mayntenaūce of this statute / [Page 190] the knyghtes yt be assygned in ye shyres for to redresse thynges [...]one agaynst the sayd great chartours / shalbe charged / & shall haue theyr warrante therfore.

18. For redresse of wastes & distrucciōs 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 shalbe aunswerable by lyke payn cōcernyng damages as is or­deyned by the statute for them that do wast in wardshyps. 19. Frōhensforth where the eschetour or the sheryfe sease landes into the kynges handes (where there is no cause of seyser. And after whē 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 [Page] cause to cease nor to holde it / the issues shalbe 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 thē 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 spokē of before. And if they fynde any other then of the towche aforesayd / the golde shalbe forfayte to the kynge. And that none shal make rynges / crosses / nor [Page 191] lockes. And that none shall set any stone in golde / except it be naturall. And that grauers or cutters of stones & of seales shall▪ 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 vpō and not to sell agayne. And that all the good townes of Englande where any goldesmythes be dwellyng shalbe 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 shalbe ponyshed by imprysonment & shal make fyne at the kynges pleasure. And nothwithstandyng al these thynges be­fore mēcioned or any poynte of thē / both the kyng & his coūsell / & all they yt were present at the making of this ordinaūce wyll & intende that the ryght / & prerogatyue of his crowne shalbe saued to hym in all thynges.

¶ Finis.

THe names and reygnes of al the kynges of Englande frō 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 x [...]. yeres. [...]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 cōquerour dyed the xi. day of Septēbre.

4. Wyllyam Rufus the conquerours sonne beganne to reygne the .ix. daye of Septēbre the yere of grace. M .lxxxxvii. [Page 192] 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 a [...]le at westmynster and perfourmed the buyldyng of the towre of Londō / which Iulius Cesar began / and the kynge of Scottes dyd homage vnto hym.

5. Henry ye 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.

[Page]7. Henry the secounde sone of Maude Empresse and of Geffray plantagenet Erie of Ange [...]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 sem [...]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. lxxxi [...]. 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 [...]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. [Page 193] 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.

[Page]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▪ 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 vanqu [...]shed ye Scottes at Halydon hyll / in whiche battayll he [...]ewe xxxv. thousande / and after he toke the towne and castell of Berwyke. And after he obtayned the vyctorye vpon the [Page 193] french men in the [...]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 accōpanyed with m [...] ­ny other rebelles of Rent made an insurreccion in the realme. And in his tyme also began the opinions of Iohan wy [...] ­lefe.

15. Henry the fourth so [...]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. A [...]d reygned .xiii. yeres .v. monethes and .xviii. dayes. And is buryed at Canterbury.

16. Henry the .v. son to the said Henry [Page] began his reygne the .xx. day of March the yere of our lorde. M. CCCC .xii. And was crowned ye .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 Nouē ­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. Ed­mōdes Buty in Suthfolke where Hum [Page] 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. i [...]. day of Apryl / ye 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 ye 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 seuēth of that name erle of Rychmonde beganne his reygne the [Page] 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 Newer [...]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 [...]aytorously named hymselfe the secoūd 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 ye 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. folio. 65.
  • Audiendo et terminando. folio. 83.
  • Bankes and Brydges. folio. 5.
  • Bally [...]es. folio. 7. 89. 177.
  • [Page]Bar [...]s of the eschequer. folio. 125. 127.
  • Bastardy. folio. 17.
  • Benche of the kynge. folio. 187.
  • Bigamy. folio. 141.
  • Castellaynes. folio. 5. 33.
  • Cessauit. folio. 52. 78.
  • Chalenge. folio. 177.
  • Chāpertie. fo. 41. 99. 110. 123. 179. 188.
  • Chapyters. folio. 41.
  • Charter of pardon. folio. 54.
  • Certificacyon. folio. 82.
  • Chauncerye. folio. 79.
  • Chimynage. folio. 13.
  • Churchyardes. folio. 104.
  • Clergie & clerkes. folio. 5. 28. 32. 117.
  • Collusion. folio. 54.
  • Comen plee. folio. 4. 147.
  • Compos mentis. folio. 135.
  • Conspiracie. folio. 123. 179. 188.
  • Consultacion. folio. 159.
  • Contra formā collacionis. fol. 93.
  • Contra formam feoffamen 2. fol. 22.
  • Coperceners. folio. 2. 154. 148.
  • Croppe. fol. 14.
  • Corrodie. folio. 116.
  • Coroners. folio. 34. 160.
  • Crowne. folio. 5.
  • Cosynage. folio. 78.
  • [Page]Counter plee of voucher. folio. 48. 129.
  • Countie. folio. 8.
  • Crosses. folio. 86.
  • Cui in vita. folio. 52. 61.
  • Damages. folio. 14. 23. 50.
  • Darreyn presentment. folio. 4.
  • Daye. folio. 14. 145.
  • Dette to the kynge. folio. 3. 5.
  • Dette. folio. 74. 106.
  • Dysceyte. folio. 42.
  • Dysseson with force. folio. 45.
  • Distresse. fol. 5. 19. 20. 25. 27. 36. 37. 89. 123. 189. 115.
  • Dower. folio. 3. 14. 49. 58. 86.
  • Disperagment. folio. 3.
  • Eleccyons. folio. 33. 116. 189.
  • Embrasours. folio. 188.
  • Entre. folio. 29. 53. 62.
  • Escape. folio. 32.
  • Eschequer. folio. 151.
  • Eschete. folio. 6. 136. 137.
  • Escuage. folio. 9.
  • Essoyne. folio. 25. 27. 47. 53. 54. 75. 77. 82. 155.
  • Estretes. folio. 154. 124.
  • Estripament. folio. 55.
  • Excepcion. folio. 84.
  • [Page]Excommunicacion. folio. 114. 116.
  • Execucion. 77. 96.
  • Executors. folio. 78.
  • Exempcion. folio. 25.
  • Extorsion. folio. 42. 43.
  • False iudgement. folio. 27.
  • Fayre pledyng. folio. 24. 33.
  • Fees of the courte. folio. 41.
  • Felonie. folio. 158.
  • Felons goodes & landes. folio. 137.
  • Ferme. folio. 189.
  • Fyne to the kynge folio. 6.
  • Fynes. folio. 124. 127. 163.
  • Foren. folio. 40. 44.
  • Forest. folio. 10. 158.
  • Forstallers. folio. 168.
  • Franke plege. folio. 8. 110.
  • Gauelkynde. folio. 137.
  • Gayle delyuere. folio. 125.
  • Golde smythes. folio. 190.
  • Hawkes. folio. 12.
  • Homage. folio. 94. 95. 138. 148.
  • Hostery. folio. 102.
  • Houses of religion. folio. 30. 28. 110.
  • Hundredars. folio. 147.
  • [Page]Inquestes. folio. 56. 101.
  • Indicauit. folio. 144.
  • Ioyntenauncie. folio. 142.
  • Irelande. folio. 149.
  • Issues. folio. 90. 91. 124.
  • Iuris vtrum. folio. 79. 89. 188.
  • Iurour. folio. 27. 84. 118.
  • Iustice. folio. 19. 20. 39.
  • Iustices in eyre. fol. 26. 27. 73. 150.
  • Iustices of assyse. folio. 83. 175.
  • Iustices of both benches. folio. 48.
  • Knyghtes. folio. 165.
  • Landes of felons. folio. 137.
  • Leape yere. folio. 171.
  • Lyberties. fol. 1. 4. 13. 30. 117.
  • Limytacion. folio. 7. 45. 98.
  • Lyuerey. folio. 146. 190.
  • London. folio. 54. 55. 164.
  • Lordes. folio. 8. 25. 70. 88.
  • Maynpryse. folio. 36. 124.
  • Marchauntes. folio. 7. 105. 181.
  • Marshalsie. folio. 186. 187.
  • Meane. folio. 70.
  • Mordauncetor. folio. 4. 25. 53. 64.
  • Mortmayne. folio. 8. 85. 100. 109.
  • Murage. folio. 42.
  • [Page]Murder. folio. 28. 54.
  • N [...] iniuste vexes. folio. 4.
  • Nisi prius. folio. 83. 126. 131.
  • Non clayme. folio. 59.
  • Nusance. folio. 79.
  • Nexte frende. folio. 17. 26. 76.
  • Offycers. folio. 42.
  • Ordynaryes. folio. 77.
  • Panell. folio. 188.
  • Parkes & warrens. folio. 18. 39. 158.
  • Payne harde & stray [...]e. folio. 35.
  • Peers of the realme. folio. 5. 7.
  • Pyllory. folio. 156.
  • Plegges. folio. 3.
  • Pryson & prysoners. folio. 358.
  • Prerogatyue of the kyng. folio. 133.
  • Precipe in capite. folio. 6.
  • Primer season. folio. 133.
  • Priuylege. folio. 95.
  • Proces. folio. 27. 74. 172. 189.
  • Prohybicyon. fo. 120. 121. 113. 114. 115.
  • Proteccion. folio. 162.
  • Purgacion. folio. 32.
  • Purpresture. folio. 141.
  • Purlyewe. folio. 178.
  • Purueyours.
  • fol. 6. 30. 43. 169. 185.
  • [Page]Quart impedit. folio. 14 .lxv.
  • Quarentin. folio. 3.
  • Quod e [...]deforciat. folio. 64.
  • Quod permittat folio. 79.
  • Quo warranto. folio. 149. 174.
  • Rape. folio .lv. 86.
  • Rauyshement of warde. folio. 8. 7.
  • Recordes. folio. 70.
  • Redysseson. folio .xv. 22. 82.
  • Releffe. folio. 2. 138.
  • Repleuyn. folio. 27. 37. 60.
  • Resceyte folio. 62.
  • Residens. folio. 115.
  • Reasonable ayde. folio. 44.
  • Returne of shryues & bayllyfes. 90. 132.
  • Retourne of beastes. folio. 61.
  • Ryght. folio. 6. 7. 47. 68.
  • Ryuers. folio. 98.
  • Robbery. folio. 101. 102. 186.
  • Salmons. folio. 98.
  • Scotall. folio. 11.
  • Shryues. folio. 38. 122. 126. 147.
  • Statute marchaunt. fol. 105. 181.
  • Sturgeons. folio. 136.
  • Suyte. folio. 22.
  • Suspeccion. folio. 103.
  • Swanymote. folio .xi.
  • [Page]Tayle. folio. 58.
  • Tellers of new [...]tydynges. folio. 43.
  • Tenauntes in comen. folio. 78.
  • Tenaunt by the courtesie. folio. 58.
  • Tenure. folio. 100.
  • Tolle. folio. 42.
  • Tourne of shrynes. fo. 8. 14. 75.
  • Trespas. folio. 18. 30. 39. 53. 86.
  • Vacacions folio .viii.
  • wager of lawe. folio. 7.
  • warrante. folio .li. 141 .lxviii. 92.
  • warde. folio. 2. 3. 7 .xvi. xxi. 40. 49 .lxxvii. aud .lxxxvii.
  • waste. folio. 2. 3 .xvi. 40 .lii. lxxvi .lxxviii. C ixvi. C x [...].
  • watches. folio. C ii.
  • weyghtes and measures. folio. 6. C xi. C l. C lvi.
  • weres. folio .v. vi.
  • wedowes. folio. 3. 14. 134.
  • Vyewe. folio. 99.
  • wytnesse. folio. C xxxi.
  • women caryed away. folio .lxxxvi.
  • Voucher. Loke in counter plee.
  • wrecke. folio. 32. C xxxvi.
  • wryttes. folio. 53. C lxxxvii.
  • [...]ry. folio .xvi.
  • [...]larie. folio .x.
¶ Finis.
¶ Thus endyth the boke called Magna Carta / translated out of Latyn & Frenshe into Englyshe / by George Ferrerz.

Imprynted at London in Fletestrete / by me Robert Redman / dwellyng at the sygne of the George / nexte to Saynt Dunstones church.

¶ Cum pri­uilegio Re galj.

R. Redman.

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