The book of Magna Carta/ with divers other statutes/ whose names appear in the next lief following/ translated into english. ⸫ ☞ Facessat calumnia. ⸫ ☞ Anno Dni. 1534. ¶ A Table declaring the names of all the statutes contained in this book as they stand in order. ⸫ THe great charter. folio i He charter of forest. folio ten Merton. folio xiiii Marlebrydge. folio xviii westminster first. folio xxx Gloucestre. folio. L. Expositions of Gloucestre. fol. lvi westminster second. folio lvii westminster third. folio. C. Wynchestre. folio. C i The statute of merchants. fo. C .v. The statute of religious. fol. c ix. The statute of champarty. fol. c x. Vyewe of francpledge. folio c x. Assize of bread and ale. fol. c xii. articles for the clergy. folio c xiii. Impanelling assizes. foe c xviii. inquisition upon the statute of wynchestre. folio c xx. Circumspect agatis. folio c xxi. articles against the kings prohibition. foe cx xi. distresses of th'exchequer. fol. c xxii. definition of conspirators. foe c xxiii. levying of fines. folio c xxiiii. fines & making attorneys. foe c xxvii. The statute of defending right or receit. folio c xxviii. The statute of vouching. foe c xxix. The statute of york. folio c thirty. The kings prerogative. foe c xxxiii. Doing of homage. fol. c xxxviii. The statute of wards & relyefes'. fo. 139. Days in the bench. foe c xl. The statute of bigamy. fol. c xl. The statute of toyntenantes. foe c xlii. Days in a wryt of dower. folio c xlv. The statute of escheators. fol. c xlvi. The statute of sh●ryfes. fol. c xlvii. The statute of Ireland. foe c xlviii. Quo warrant to the first. folio c l. An ordinance of measures. foe c l. A statute for th'exchequer. fol. c li. The statute of essoins. foe c lv. A statute of the pillory. fol. c lvi. Breakers of prisons. foe c lviii. Of trespassers in parks. fol. c lviii. The writ of consultation. fol. c lix. The office of Coroners. fol. c lx. The statute of protections. foe c lxi●. The form of levying fines. foe c lxiii. The statute of Ga●elette. fol. c lxiiii. The statute of knights. foe c lxv. The statute of waste. fol. c lxvi. Of weights & measures. foe c lxviii. Of Forstallours. foe c lxviii. The statute of prizes folio c lxix. Of purchasing liberties. fol. c lxx. A statute of the leap year. foe c lxxi. Of persons appealed. foe c lxxix. The extent of a manner. foe c lxxiii. Quo warranto the second. foe c lxxiiii. An ordinance of inquests. foe c lxxvii. An ordinance of the forest. foe c lxx●viii. Of conspirators. fol. c lxxix. Of measuring land. foe c lxxx. The sta. of Acton Burnell. fol. lxxxi articles upon the charters. foe c lxxxiii. And after followeth a brief collection of the reigns of the kings of England/ with a proper table/ whereby on● may lightly find out the principal matters contained within this book. ⸫ ¶ Faults escaped in the printing. ⸫ IN the. 11. leaf the last line on the fore side for (lean) read leave. the. 17. leaf the second line on the baksyde for (lese) read lease/ the. 17. leaf the. 23. line on the foreside for (more) read/ mere. the. 23. leaf the. 24. line on the foreside for (See) read/ So. the. 24. leaf the. 9 line on the baksyde for (so moved) summoned/ the. 26. leaf the. 6. line on the foreside (by the death) is twice put in/ and the. 11. line on the foreside for (country) read court/ the. 57 leaf the. 8. line on the foreside for (verily) read yearly. the. 75. leaf the second line on the foreside for (count) read country. the. 76. leaf the .4. line on the foreside after this word (have) read power. the .82. leaf the. 4. line on the baksyde for (had put) read hath put himself. the. 86. leaf the. 3. line on the foreside for (hands) read lands. the. 88 leaf the. 22. line for (feigned) read fined. the. 95. leaf the last line on the baksyde for (cloth) read garment. the. 114. leaf the. 21. line on the foreside after this word (hereafter) read lie. the. 119. leaf the. 10. line on the foreside for (merchant towns) read market towns/ and so in diverse other places of the book. the. 121. leaf and 19 line after (spiritual) read goods. the 138. leaf & the first line on the foreside/ for (make) read do. the same lief in the. 5. line after the word (your) read man. the 144. leaf and first line on the baksyde/ for (and) read had/ the same lief and. 5. line after this word (called) read indicavit. the. 148. leaf and. 15. line for this word (land) read office. the. 156 leaf the first line on the foreside after (he) read the sheriff. the. 158. leaf the. 13. line on the foreside after (hath) read broken. the same lief and. 19 line/ for (unto) read after. the. 160. leaf &. 28. line for (one) read any. the. 162. leaf &. 21. line for (he) read hue. the. 169. leaf and. 19 line after (aswell) read upon. the. 178. leaf &. 8. line on the baksyde for this word (escheat) read estate. ⸫ ¶ The great charter made in the ix year of king Henry the third/ and confirmed by king Edward the first/ in the xxviii year of his reign. EDwarde by the grace of God king of England/ lord of Ireland/ & duke of Guyan. To all archbishops/ bishops/ abbots/ priors/ earls, barons justices/ sheriffs/ revys/ officers/ and to all bailiffs/ and other his faithful subjects/ greeting. We have seen the great charter of the lord Henry/ sometime king of England/ our father/ of the liberties of England in these words. ¶ Henry by the grace of god king of England/ lord of Ireland/ duke of Normandye/ and Guyan/ and earl of Angeoy. To all archbishops/ bishops/ abbots/ priors/ earls/ barons/ sheriffs/ revys/ officers/ and to all bailiffs/ and our faithful subjects/ which shall see this present charter/ greeting. Know ye that we/ unto the honour of almighty god/ and for the salvation of the souls of our progenytoures and successors kings of England/ to the advancement of holy church/ and amendment of our realm/ of our mere and fire will have given and granted to all archbishops/ bishops/ abbots/ priors/ earls/ barons/ and to all free men of this our realm these liberties under written/ to be holden and kept in this our realm of England/ for evermore. ¶ The first Chapter. first we have granted to god/ & by this our present charter have confirmed for us & our heirs/ for evermore/ that the church of England shall be free/ and shall have all her hole rights and liberties unhurt. We have granted also and given to all the fremen of our realm for us and our heirs/ for evermore/ these liberties underwritten. To have and to hold to them and to their heirs/ of us and ou● heirs for evermore. ¶ The second Chapter. IF any of our earls/ or barons/ or any other our tenants/ that do hold of us in chief by knights survive/ die: And at the time of his death his heir be of full age/ and oweth to us relief: he shall have his inherytannce by the old relief/ that is to say/ the heir or heirs of an earl for an hole eridom one hundredth pounds. The heir or heirs of a baron for an hole barronye one hundredth marks. The heir or heirs of a knight for one hole knights fee/ one hundredth. ●. at the most. And he that hath less/ shall give less/ according to the old custom of the fees. ¶ The iii chapter. But if the heir of any such be with in age/ his lord shall not have the ward of him/ nor of his land/ before that he take of him his homage. And after that such an heir hath been in ward (when he is come to full age) that is to say/ to thage of xxi. years/ he shall have his inheritance without relief/ and without fine/ so that if such an heir (being within age) be made knight/ yet notwithstanding his land shall remain in the keeping of his lord unto the foresaid term. ⸫ ¶ The four Chapter. if she go from the castle than a competent house anon shallbe provided for her in the which she may honestly abide/ until her dower be to her assigned/ as it is aforesaid. And she shall have in the mean time her reasonable estovers of the comen. And for her dower shallbe assigned the iii part/ except she were endowed of less at the church door. No widow shallbe distrained to mary herself/ nevertheless she shall find surety that she shall not mary without our license and assent/ if she hold of us nor without the assent of the lord/ if she hold of another. ¶ The viii Chapter. We nor ower bailiffs shall not seize any land or rent for any debt/ as long as the goods and cattles of the debtor (which be present) do suffice to pay the debt/ and the debtor himself be ready to satisfy therefore/ nor the pledges of the debtor shallbe distrained/ as long as the principal debtor is sufficient for the payment of the debt. And if the principal debtor fail in payment of the debt having nought wherewith to pay/ or will not pay where he is able enough/ than the suretes shall answer for the debt. And if they will/ they shall have the lands and rents of the debtor/ until they be satisfied of the debt which they before paid for him/ except that the debtor can show himself to be acquyeted against his said sureties. ¶ The ix Chapter. THe city of London shall have all the old liberties and customs/ which it hath been used to have. Moreover we will and grant/ that all other cities/ boroughs/ towns/ and the barons of the .v. ports and all other ports/ have all their liberties and free customs. ¶ The ten Chapter. NO man shall be distrained to do more service for a knights fee nor for any other freehold/ then is due therefore. ¶ The xi Chapter. COmen pleas shall not follow our court/ but shallbe holden in some place certain. ¶ The xii Chapter. recognisances of new disseson/ and of mort dauncestor shall not be kept but in their shires and after this manner. If we be out of the realm/ our chief justices shall send out other justices through every county once in the year/ which with the knights of the shires shall take the said assizes in those counties/ and those things that at the coming of our foresaid justices being sent to take those assizes in the counties/ can not be determined shall be ended by them in some other place in their circuit. And those things which for difficulty of some articles can not be determined by them shallbe referred to ower justices of the bench and there shallbe ended. ¶ The xiii Chap. Assizes of deraign presentment shallbe taken always before our justices of the bench/ and there shallbe determined. ¶ The xiiii Chapter. AFreman shall not be amerced for a little fault/ but after the quantity of the fault. And for a great fault after the manner thereof saving to him his contenement or freehold. And a merchant likewise shall be amercyed/ saving to him his merchandise. And any other manner villain then owers likewise shallbe amercyed/ saving his waynage/ if he fall into ower mercy. And none of the said amercyamentes shallbe assessed/ but by the oath of sad and honest men of the neyghbourhed. Earls and barons shall not be amercyed but by their pyers and after the quantity of their trespass. No man of the church shallbe amercyed after the rate of his spiritual benefice/ but after his lay tenement/ and after the quantity of his trespass. ¶ The xu chapter. NO town nor freeman shallbe distrained to make bridges nor banks/ but such as of old time & of right have been accustomed to make them in the time of king Henry ower grand father. ¶ The xvi Chapitre. NO bank shallbe defended from henceforth but such as were in defence in the time of king Henry our grandfather/ by the same places and the same bounds/ as they were wont to be in his tyme. ¶ The xvii Chapter NO sheriff/ constable/ escheator/ coroner or any other our bailiffs shall hold pleas of our crown. ¶ The xviii Chapitre. IF any man that holdeth of us a lay fee/ do die/ & our sheriff or bailiff do show our letters patents of our summons for debt which the dead man did owe unto us. It shallbe leeful to our sheriff or bailiff to attach and arrest all the goods and cattles of the dead man being found in the said fee to the value of the same debt/ by the view and record of lawful men. So that nothing thereof shallbe taken away/ until we be clearly paid of the debt. And the residue shall remain to the e●ecutours to perform the will of him that is dead. And if it be found that he owe nothing unto us. All the goods and cattles shall go to the use of the dead man/ saving to his wife and children their reasonable parts. ¶ The xix Cham NO constable or his bailiff shall take corn or other cattle of any man for to victual his castle/ if the man be not of the town where the castle is/ but he shall forthwith pay for the same/ unless it may appear that the will of the cellar was to respite the payment. And if he be of the same town/ the price of that corn or cattle shall be paid unto him within xl days. ¶ The twenty Cham NO constable shall distran any knight for to give money for keeping of his castle if he himself will do it in his proper person or cause it to be done by another sufficient man/ if he may not do it himself for a reasonable cause. And if we do command or send him to our wars/ he shallbe free from castle ward for the time that he hath been with us in our host in fee for the which he hath done to us knights service in our wars. ¶ The xii Cham NO sheriff nor our bailiff or any other shall take the horse or carts of any man to make carriage/ except he pay the old price limited/ that is to say/ for carriage with. two horse ten d. a day for iii horse xiiii d. a day. No demean cart of any spiritual person or knight/ or any other lord shall be taken by our bailies. Nor we nor our bailies or any other shall take any man's wood for our castles or other our necessaries to be done but by the leave of him whose the wood is. ¶ The xxii Chapter. We shall not hold the lands of them that be convyet of felony/ but one year and one day/ and then those lands shallbe delivered to the lords of the fee. ¶ The xxiii Chapter. ALl weirs from henceforth shallbe utterly put down by Thamies & Medway/ and through all England/ but only by the see costs. ¶ The xiiii Chapter. A writ that is called/ praecipe in capite/ shallbe from henceforth granted to no man upon any freehold/ whereby a freeman may lose his court. ¶ The xxv Chapitre. ONe measure of wine shall be thorough all our realm/ & one measure of ale/ and one measure of corn/ that is to say/ according to the quarter of London/ and one breadth of died cloth/ russettes and haberjects/ that is to say ii yards within the lists. And as it is of weights so shall it be of measures. ¶ The xxvi Chapter. NO thing from henceforth shallbe given for a writ of inquisition/ nor taken of him that prayeth inquisition of life or members/ but it shallbe granted freely. ¶ The xxviii Chapi. IF any do hold of us by fee fearme/ or by socage/ or burgage/ & he holdeth lands of an other by knights service/ we shall not have the custody of his heir nor of his land which is holden of the fee of another man/ by reason of that fee firm/ socage or burgage. Nor we shall not have the custody of that fee firm/ or socage/ or burgage/ except knights service be due unto us out of that fee firm. Nor we shall not have the keeping of the heir or of any land by occasion of any petty feriantye that any man holdeth of us by service to pay a knife/ an arrow/ or other like/ if the land be held of an other lord by knights service. ¶ The xxviii Chapter. NO bayllye from henceforth shall put any man to his open law nor to an oath upon his own saying/ without faithful witnesses brought in for the same. ¶ The xxix Chapter. NO free man shallbe taken or imprisoned or be deceased of his freehold or liberties/ or free customs/ or be outlawed/ or exiled/ or otherwise distrained/ nor we shall not pass upon him/ nor condemn him/ but by lawful judgement of his peers/ or by the law of the land. We shall sell to noman/ we shall deny nor defer to noman neither justice nor right. ¶ The xxx Chapter. ALl merchants (if they were not openly prohibit before) shall have their sau●e and sure conduits to enter/ and depart/ to go/ and tarry in the realm as well by land as by water/ to buy and sell without any manner of ill tolls by the old and rightful customs/ except in time of war. And if they be of the land making war against us/ and be found in our realm at the beginning of the wars/ they shallbe attached without harm of body or goods until it be known unto us or our justices/ how our merchants be entreated there in the land making war against us. And if our merchants be well entreated there/ theirs shallbe in like manner with us. ¶ The xxxi Chapter. IF any man hold of any escheat/ as of the honour of walyngford/ Nothyngham/ Boloyn/ or of any other escheats which be in our hands as of any barony/ and die: his heir shall give none other relief/ nor do none other service to us/ than he should to the baron/ if it were in the barons hand. And we in the same wise shall hold it as the baron held it/ nor we shall not have by occasion of any such barony or escheat/ any escheat or keeping of any of our men/ unless they do hold of us other where in chief/ or else he that held the barony or escheat otherwheare held of us in chief. ¶ The xxxii Chapter. NO freeman from henceforth shall give nor sell any more of his land/ but so that of the residue of the land the lord of the fee may have the services due to him which belong to the fee. ¶ The xxxiii Chapter ALL patrons of abbeys which have the kings charters of England of advowson or have/ old ●enure/ or possession in the same/ shall have the custody of them when they fall void/ as it hath been accustomed/ and as it is afore declared. ¶ The xxxiiii Chapter. NO man shallbe taken or imprisoned upon the appeal of a woman for the death of any other then of her husband. ¶ The xxxv Chapter. NO shire court from henceforth shall be held/ but from month to month/ and where greater time hath been used/ it shallbe kept so still/ nor no sheriff nor his bailiff shall keep his turn in the hundred but twice in a year. And not but in due place and accustomed/ that is to say/ ones after Easter and again after michaelmas. And the view of frank pledge shall be likewise at the feast of michaelmas without occasion. So that every man may have his liberties which he had or used to have in the time of king Henry our grandfather/ or which he hath purchased syus. The view of frankpledge shallbe so done that our peas may be kept. And that the trything ●e wholly kept as it hath been accustomed And that the sheryfseke no occasions/ & that he be content with so much as the sheriff was wont to have for his view making in the time of king Henry our grandfather. ¶ The xxxvi Chapitre. IT shall not be leeful from henceforth to any man to give his lands to any religious house/ and to take the same land again to hold of the same house. Nor it shall not be leeful to any house of religion to take the lands of any man/ and to lose the same to him of whom he received it. If any man fromhenceforth give his lands after this manner to any religious house/ and thereupon be convict/ the gyfie shall be utterly void/ & the land shall return to the lord of the fee. ¶ The xxxvii Chapter. EScuage from henceforth shallbe taken like as it was wont to be in the time of king Henry our grandfather/ reserving to all archbishops/ bishops/ abbots/ priors/ templets/ hospytelers'/ earls/ barons/ and all persons/ aswell spiritual as temporal/ all their liberties and free customs/ which they have had in time passed. And all these customs & liberties aforesaid/ which we have granted to be holden within this our realm as much as appertain to us and our heirs/ we shall observe. And all men of this our realm aswell spiritual as temporal (as much as in them is) shall observe the same against all persons in like wise. And for this our gift and grant of these liberties and of other contained in our charter of liberties of our forest. The archbishops / bishops/ abbots/ priors/ earls/ barons/ knights/ freholder/ & other our subjects/ have given unto us the xu part of all their movables. And we have granted unto them on the other part that neither we nor our heirs shall procure or do any thing/ whereby the liberties in this charter contained shall be mynys●●● or broken. And if any thing be procured by any person contrary to the premisses/ it shall be had of no force nor effect. These being witnesses Bonyface archbishop of Canterbury/ and bishop of London and other. Given at westminster the ten day of February/ the ix. year of our reign. We ratifying & approving these gifts and grants aforesaid confirm and make strong all the same for us and our heirs perpetually. And by the tenor of these presents do renew the same/ willing & granting for us and our heirs/ that this charter in all and singular his articles for evermore shallbe steadfastly surely and inviolably observed. And if any article in the same charter contained/ yet hitherto peradventure have not been observed nor kept/ we will and by our authority royal command that from henceforth they be surely observed. These being witness. R. archbishop of Canterbury primate of England. A. bishop of Duresme and other. Given at westminster with our own hand the xxviii day of the month of March/ the xxviii. year of our reign. ¶ The charter of the forests. EDward by the grace of God/ king of England/ lord of Ireland/ & duke of Guyan to all archbishops/ bishops/ abbots/ priors/ earls/ barons/ justices/ sheriffs/ provosts/ minystres/ and to all our bailiffs and faithful subjects/ greeting. We have seen the charter of the lord Henry our father sometime king of England/ concerning the forest in these words. Henry by the grace of god king of England/ lord of Ireland/ duke of Normandye & of Guyan. &c. as in the beginning of the great charter. ¶ The first Chap. FIrst we will that all forests which king Henry our grandfather afforested & made shallbe viewed by good and lawful men. And if he have made forest of any other wood more than of his own demean whereby the owner of the wood hath hur● we will that forthwith it be put out of the forest. And if he have made forest of no manis woo● but of his own than we will that it remain forest still. Saving the common o● herbage and of other things in the same forest to them which before were accustomed to have the same ¶ The ii Chapter. MEn that dwell out of the forest from henceforth shall not come before the justices of our forest by no common summons/ whiles they be impleaded there/ or be sureties for some other that were attached for the forest. ¶ The iii Chapter. ALl woods which have been made forest by king Richard our uncle/ or by king johan our father unto ou● first coronation shall be forthwith put out of forest/ unless it be our demean wood. ¶ The four Chapitre. ALl archbishops/ bishops/ abbots/ priors/ earls/ barons/ knights/ & other our freeholders▪ which have their woode● in forest shall have their woods as they had them at the time of the first coronation of king Henry out grandfather/ so that they shallbe quite for ever more of all purprestures/ wastes and assartes made in those woods sins that time unto the beginning of the second year of our coronation. And those that from henceforth do make purpresture without our special license/ or make waste or assarte in the same/ shall answer unto us for the same wastes/ purprestures/ and assartes. ¶ The .v. Chapter. OUr rangers shall go through the forest to make regard/ as it hath been accustomed at the time of the first coronation of king Henry our grandfather and none otherwise. ¶ The vi Chapter. THe inquerye or view for lawing of dogs within our forest shallbe made from henceforth when the regard is made/ that is to say every iii year/ & than it shallbe done by the view and testimony of honest men & not otherwise. And he whose dog is not lawed and so found shallbe amercyed and pay for the same iii s. And fromhenceforth no ore shallbe taken for lawing of dogs. And such lawing shallbe done by the assize commonly used that is to say that iii claws of a forefo●e shall be cut of by the skin. But from henceforth such lawing of dogs shall not be done but in places where it hath been accustomed from the time of the first coronation of the foresaid king Henry our grandfather. ¶ The vii Chapter. NO foster or walker from henceforth shall make scot all/ or gather garb of o●es/ or any corn/ lamb/ or pygge/ nor shall make no gathering/ but by the sight and upon the oath of the xii rangers when they shall make regard. ¶ The viii Chapter. NO swanymote from henceforth shall be kept within this our realm/ but thrice in the year first the xu day before michaelmas when that our gest takers and walkers of our woods come together to take geste in our demeans woods. And about the feast of saint Martyne in winter when that our gest takers shall receive our pawnage. And to these two swanymotes shall come ou● fosters/ verders/ guessed takers/ and none other by distress The third swanymote shallbe kept in the beginning xu days before the feast of saint johan baptist when that our gest takers or walkers do meet to hunt our deer/ and at this swanymote shall meet our fosters/ verders/ and none other by distress. Moreover every xl days through the year our fosters and verders shall meet to see the attachmentes of the forest aswell for grenehue as for hunting by the presentment of our fosters. And they that by them afore were attached. And the said swanymotes shall not be kept but within the counties in which they have been used to be kept. ¶ The ix. Chapter. Every freman may put a geste in his own wood within our forest at his pleasure and shall take his pawnage Also we do grant that every freeman may drive his swine freely and without impedymêt through our demean woodꝭ there to a gest them in their own woods or else where they will/ & if their swine rarye one night or lie within our forest they shall not be hurt therefore/ nor lose no thing thereby. ¶ The ten Chapter. NO man fromhenceforth shall lose neither life nor member for killing of our deer/ but if any man be taken therewith & convyete for killing of our dear he shallbe grievously ransomed if he have any thing whereof. And if he have nothing to lose he shallbe unprysoned a year and a day. And after the year and day expired (if he can find sufficient sureties he shallbe delivered. And if not he shall abjure the realm. ¶ The xi Chapter. Uuhatsomever archbishop/ bishop ●●le/ or baron coming to us at our commandment and passing by our forests/ it shallbe leeful for him to take & kill one or two of our deer with our foster if he be present/ or else he shall cause one to blow an horn for him/ that he seem not to steel our dere. And likewise they shall do returning home from us. ¶ The xii Chapter. Every freeman from henceforth with out danger shall make in his own wood/ or in his land/ or in his water that he hath within our forest/ mills/ springs/ poles/ ma●les/ dikes/ or crable ground without enclosing that crable ground/ so that it be not to the annoyance of his neighbours. ¶ The xiii chapter. Every freeman shall have within his own woods/ eyre's of hawks/ sparrow-hawks/ falcons/ eglies & herons and he shall have also the honey that is found within his woods. ¶ The xiiii Chapter. NO foster from henceforth that is not ●oster in fee paying to us farm for his bailiwick shall take any chymynage or tolle within his bailiwick. The foster in fee paying us farm for his bailiwick shall take chymynage/ that is ●● say for carriage by carry the half year ii d. and for another half year ii d. for an horse that beareth lo●es every half year ob. And of those only that come as merchants through his bailiwick by license to buy bushes/ rymbre/ bark/ coal/ and to sell it again at their pleasure. But for none other carriage by car● chymynage or toll shallbe taken. Nor chy▪ mynage shall not be taken/ but in such places only where it hath been used to be. Those which bear upon their backs brushment/ bark/ or coal to sell though it be their living shall pay no chymynage to our fosters/ except they take it within our demean woods. ¶ The xu Chapter. ALl that be outlawed of trespass within our forest sins the time of king Henry our grandfather unto the first year of our coronation/ shall come to our peas without let/ and shall find to us sureties/ that from henceforth they shall not trespass unto us within our forest. ¶ The xvi Chapter NO constable/ castyllayne/ or bailiff shall hold plea of forest neither for green huge nor hunting/ but every foster in fee shall make attachementes for plea of forest aswell for green huge as hunting/ and shall present them to the verders of the county. And when they be enrolled and enclosed with the seals of the verders/ they shallbe presented to our chief justices of our forest when they shall come thither to hold plea of forest/ and before them they shallbe determined. And these liberties of forest we have granted to all men/ savyuge to all archbishops/ bishops/ abbots/ priors/ earls/ barons/ knights/ and to all other persons aswell spiritual and temporal/ templars/ hospytallars/ their liberties and free customs aswell within the forest as without/ and in warens and other places which they before have had. All these liberties and customs. etc. as in followeth in the end of the great charter. And we do confirm and ratefye these gifts. etc. as in th'end of the said great charter. etc. Here endeth the charter of forest. IT was provided in the court of our sovereign lord the king holben at Merton the morrow after the feast of saint Vyncent the twenty year of the reign of king Henry the son of king johan before. w. archbishop of Canterbury and other his bishops and suffragans/ and before the greater party of the earls and barons of England there being assembled for the coronation of the said king & Alyanore the queen about which they were all called where it was treated for the comen wealth of the realm upon the articles under written. Thus it was provided and granted aswell of the foresaid archbishops/ bishops/ earls and barons/ as of the said king and other. ¶ The first Chap. FIrst for widows which after the death of their husbands are deforced of their dowers/ and may not have their dowers or quarentyn without plea/ we will that who so ever deforce them of their dowers or quarentyne in the lands whereof their husbands died sese/ and that the same widows have recovered sins by plea/ they that be convict of such wrongful deforcement shall yield damages to the same widows that is to say the value of tho●e dower to them belonging from the time of the death of their husbands unto the day that the said widows by judgement of our court have recovered season of their dowers/ and the deforcers nevertheless shallbe amerced at the kings pleasure. ¶ The ii Chapter. ALso from henceforth all widows may bequeatheth the crop of their ground aswell of their dowers as of other their lands and tenements. Saving to the lords of the fee all such services as be due for their dowers & other tenements. ¶ The iii Chapitre. ALso if any be deceased of their freehold and before the justices errants have recovered season by assize of novel disseisin or by confession of them which did the disseisin. And the dyssesye hath had season delivered by the sheriff/ if the same dyssesors after the viage of the justices or in mean time have dyssesed the same plaintiff of the same freehold & thereof be convyete/ they shall be forthwith taken and kept in the kings prison until the king hath discharged them by ransom or by some other mean. And this is the form how such being ●óuyct shallbe ponyshed when the plaintiffs come into the court they shall have the kings writ directed to the she●yffe in which must be contained the plaint of disseisin done upon disseisin. And then it shall be commanded to the sheriff that he taking with him the kepats of pleas of the kings corowne and other lawful knights in his proper person go unto the land or pasture for which the plaint hath been made. And that he make by the first iurrors & other neighbours and lawful men diligent inquerye thereof/ and if they find him deceased again (as before to said) than let him do according to the provision afore mentioned. And if it be found other wise the plaintiff shallbe amerced/ and the other shall go quite/ nor the sheriff shall not execute any such plaint without special commandment of the king In like manner shallbe done to them that have recovered their season by assize of mor●daūcetor. And so of all lands and tenements recovered in the kings court by ●nqueste if after they be dyssesed by the first deforceours against whom they have recovered any wise by inquest ¶ The four Chapter ALso because many great men of Engelande which have infeoffed knights and their freeholders of small tenements in their great manners have complained that they can not have profit of the residue of their manners as of waste woods and pastures/ because the same feffees ought to have sufficient pasture according to their hold. Thus it is provided and granted that when so ever such feffees ●o bring an assize of novel disseisin for their comen of pasture And it is knowledged before the justices that they have almoch pasture as sufficeth to their hold and that they have free ingate and outgate from their land unto the pasture/ then let them be contented therewith/ and they on whom it was complained shall go quite of that in so much as they have made their profit of their lands was●e woods and pastures. And if they allege that they have not sufficient pasture or sufficient ingate & outgate according to their hold/ then let the truth be inquired by assize. And if it be sound by the assize that the same deforceours have disturbed them of their ingate or outgate in any thing or that they had not sufficient pasture (as before is said) then shall they recover their sea son by view of the inquest/ so that by their discretion and oath the plaintiffs shall have sufficient pasture and sufficient ingate and outgate in form aforesaid. And the dyssesors shallbe amerced and shall yield damages as they were wont before this provision. And if it be certified by the assize that the plaintiffs have sufficient pasture with free ingate and outgate/ as before is said/ let the other make their profit or approvement of the residue and go quite of that assize. ¶ The .v. Chapter. Likewise it is provided & granted of the king/ that from henceforth usuries shall not run against any being within age from the time of the death of his ancestor (whose heir he is) unto his lawful age/ so that notwithstanding this the payment of the principal debt shall not remain with the usury before the death of his auncetor whose heir he is. ¶ The vi Chapite. OF heirs that be led away witholden or married by their friends or by other with force against our peace. Thus it is provided that what so ever ●ay man be convict thereof that he hath so witholden any child led away or married/ he shall yield to the loser the value of the marriage. And for the offence his body shallbe taken and imprisoned/ until he have recompensed the loser/ if the child be married/ and further until he hath satisfied the king for the trespass. And this must be done the heir being within the age of xiiii years. And of an heir being xiiii years old or above unto his full age if he mary without license of his lord to defraud him of the marriage and his lord offer him reasonable & convenient marriage without dysperagement/ then his lord shall hold his land beyond the term of his age/ that is to say xxi years/ so long that he may receive the double value of the marriage after thestimation of lawful men or after as it hath been offered him before without fraud & collusion/ and after as it may be proved in the kings court. And as touching lords which mary those that they have in ward to villains or other as burgesses where they be dysperaged/ if such an heir be within th'age of xiiii years and of such age that he could not consent to marriage/ then if his friends complain of that lord/ he shall lose the wardship unto th'age of the heir. And all the profits that thereof shallbe taken shall go to the use of the heir being within age after the discretion & provision of his frend● for shame done to him/ but if he were xiiii. years and above/ so that he may consent and do consent to such marriage no pain shall follow. If any heir of what age so ever he be will not mary at the request of his lord he shall not be compelled thereto/ but when he cometh to full age/ he shall give to his lord and pay him as much as any would have given him for the marriage before the receit of his land/ and that whither he will mary himself or not/ for the marriage of him that is within age of more right pertaineth to the lord of the fee. ¶ The vii Chapter. OF conveyance of dyscente in a writ of right from our auncetor from the time of th'elder. H. king the year and day. It is provided that from densforth there be no mention made of so long time/ but from the time of king Henry our grandfather. And this act shall take effect at Penthecoste the xxi year of our reign and not afore. And the writs before purchased shall proceed/ writs of mortdauncetor of nativis and of entry shall not pass the last return of king johan from Ireland into England. And this act shall take effect as before is declared/ writs o● novel disseisin shall not pass the first voyage of our sovereign lord the king that now is into Gascoigne And this act to take his effect from the time aforesaid/ and all writs purchased before shall proceed. ¶ The viii Chapter. TO the kings writ of bastardy whither one being borne afore matrimony may inherytte in like manner as one that is borne after matrimony/ all the bishops answered that they would not nor could not answer to it/ because it was directly against the order of the church. And all the bishops instaunced the lords that they would consent that all such as were borne afore matrimony should be legyt●ymate aswell as they that be borne within matrimony as to the succession of inheritance in so much as the church receiveth such for legyttyme/ and all the earls and barons with one voice answered that they would not change the laws of the realm which hitherto have been used and approved. ¶ The ix Chap. Moreover it was enacted that every freeman which oweth suit to the county/ trything/ hundred/ and wapentake/ or to the court of his lord may freely make attorney to do the suits for him. ¶ The ten Chapter. OF trespassers in parks and warrens it is not yet discussed for the lords demanded the proper imprisonment of such as they should take in their parks and warrens which the king denied/ wherefore it was deferred. ¶ Here endeth the statute of Merton. ¶ The statute of Marlebrygge. THe year of grace a. M. CC lxvii the lii year of the raygn of king H. son of king johan in yutas of S. Martin for the better estate of this realm of England/ & for the more speedy ministration of justice as belongeth to ●hoffyce of a king (the more discrete men of the realm being called together aswell of the higher as of the lower degree. It was provided agreed & ordained that where a● the realm of Engeland of late had been dysquyeted with manifold troubles and dyscensyons/ for reformation whereof statutes and laws be right necessary whereby the peace and tranquillity of the realm must be observed to which thing the king intending to give convenient remedy hath made these acts/ ordinances/ and statutes under written which he willeth to be observed for ever more steadfastly & in●yolably of all his subjects aswell of high as of low degree. ¶ The first Chapter. Where as at the time of an insurre●●yon late moved within this realm and likewise after/ many great men and diverse other refusing to be justified by the king and his court like as they ought & were wont in the time of the kings noble progenitors & also in his time▪ but ●oke great punishments & distresses of their neighbours & of other until they had amends & ransom at their own pleasure. And further some of them would not be justified by the kings officers/ nor would not suffer them to make deliver of such distresses as they had taken of their own authority/ It is provided agreed & granted that all persons aswell of high as of low estate shall receive justice in the kings court. And none from henceforth shall take any such distress of his own authority without award of our court though he have damage or ●●urye whereby he ought to have amends of his neighbour other higher or lower. And upon the foresaid article it is provided and granted/ that if any from henceforth take such distresses of his own authority without award of our court (as be▪ fore is said) and be convict thereof/ he shallbe punished by ransom/ and that according to the trespass. And likewise if one neighbour take a distress of another without award of our court whereby he hath damage he shall be punished likewise and that after the quantity of the trespass. And nevertheless sufficient and full amends shallbe made to them that have sustained loss by such distresses. ¶ The ii Chapter. Morcover none of what estate so ever he be shall distran any to come to his court which is not of his fee/ or have no jurisdiction over him by reason of his hundred or baylewyke/ nor shall take no distresses out of the fee or place where he hath no baylewyke nor jurisdiction. And he that offendyth against this statute shall be punished in like manner/ and that according to the quantity of the trespass. ¶ The iii Chapter. IF any of what estate so ever he be/ will not suffer such distresses as he hath taken to be delivered by the kings officers after the law and custom of the realm/ or will not suffer summons attachementes or executions of judgements given in the kings court to be done/ he shallbe punished in manner afore said as one that will not obey the law. And if any of what estate so ever he be dystraune his tenant for services and customis being due unto him or for any other thing/ whereby the lord of the fee hath cause to distran/ and after it is found that that same services are not due the lord shall not therefore be punished by ransom as in the cases afore said/ (if he do suffer the distresses to be delivered according to the law and custom of the realm) but shallbe amerced as hitherto hath been used▪ & the tenant shall recover his damages against him. ¶ The four Chapter. NOne from henceforth shall cause any distress that he hath taken to be driven out of the county where it was taken. And if one neighbour do so to an other of his own authority without judgement/ he shallbe ransomed (as above is said) as for a thing done against the pea●e. Nevertheless if the lord presume so to do against his tenant/ he shallbe grievously punished by amercyment only. Moreover the distresses shallbe reasonable and not to great. And he that taketh great and unreasonable distresses shallbe grievously amerced for the excess of such distresses. ¶ The .v. Chapitre. THe great charter shallbe observed in all his articles aswell in such as pertain to the king as to other/ & that shallbe inquired afore the justices errant in their journeys and afore the sheryfe● in their counties when need shallbe. And writs shall be freely granted against them that do offend before the king/ or the justices of the bench/ or be fore justices errant than they come into those parties likewise the charter of forests shallbe observed in all his articles/ and the offenders when they be convyetes shallbe grievously punished by our sovereign lord the king in form above mencyoned. ¶ The vi Chapter. AS touchyngr them that use to infe●●e their eldest sons and heirs being within age for to defraud the lords of the fee of their wardshyps'. It is provided and agreed that by occasion of any such feoffment no chief lord shall l●●e his ward. Moreover of them that feign ●a●se feoffments of their lands/ which they would l●sse for term of years for to defraud the chief lords of their wards. And it is contained in the feoffments that they are satisfied of tho●e servi〈…〉 unto them until a certain term so that if such feffees are bound at the said term to pay a certain sum to the value of the same lands or fer above/ so that after such term the land shall return to them or to their heirs because no man wild conten●●o hold ●● upon the price. It is provided and agreed that by such fraud no chief lord shall lose his ward/ nevertheless it shall not be leeful to them to dyssease such feffees without judgement/ but they shall have a writ for to have such a ward restored unto them/ and by the witnesses contained in the deed of feoffment/ with other fire and lawful men of the country/ and by the value of the land/ & by the quantity of the same payable after that term it shallbe tried whither such feoffments were made upon confidence or by colusyon to defraud the chief lords of the fee of their wards. And if the chief lords in such cases recover their wards by judgement/ the feffee shall nevertheless have their action to recover such term or fee/ which they had therein when the heirs come to their lawful age. And if any chief lords do maliciously implede such feffees feigning this case where the feoffments were made lawfully & upon trust/ then the feffees shall have their damages awarded and their costs which they have sustained by occasion of the foresaid plea/ and the plaintiffs shallbe grievously punished by amercyment. ¶ The vii Chapter. IN a common plea of ward if the detorceours come not at the great dystr●es then the said writ shallbe renewed twice or thrice as it may be with in the moy●e of the year following/ so that every ●yme the writ shallbe read in the full shire (if the deforceour be not found before) and there openly be denounced that he may come at the day limited/ then if he be absent himself so that he come not to answer within the said half year/ nor the sheriff can not get his body to have it before our justices to answer according to the law and custom of the realm then as a rebel he shall lose the season of the ward/ saving to him his action at an other time/ if he have any right to the same. In such cases where the wardshyps' belong to the keepers of the wards being within age and where the keepers demand the wardship which be l●●geth to their inheritance/ such heyr●●●●y●g within age shall not lose their 〈…〉 nce by the negligence or rebel ly●● of their keepers/ as in the case afore rehearsed/ but let the comen law ●enne in like manner as it hath been accustomed to do. ¶ The viii Chapter. THey which be taken and imprisoned for reddyssesyn shall not be ●elyuered without special commandment of the king/ & shall make fine with the king for their trespass. And if it be found that the sheriff delivereth any contrary to this ordinance he shallbe grievously amerced therefore. And nevertheless they which are so delivered by the sheriff without the kings commandment shall be grievously punished for their trespass. ¶ The ix Chapitre. FOr making suits unto the courts of great lords or of meanet persons from henceforth this order shall be observed that none that is infested by dead from henceforth shallbe distrained to do such suit in the court of his lord/ without he be specially bound thereto by the form of his deed. provided always that this act shall give no benefit to them whose ancestors or they themself have used to do such suit before the first voyage of the said king H. into britain/ sins which xxxix years & an half are passed unto the time that these statutis were enacted/ likewise no feoffee from henceforth with out deed from the time of the conquest or some other ancient feoffment shallbe distrained to do such suits without that he or his ancestors used to do it before the said voyage. And they that are infessed by deed to do a certain service as for free service of so many shillings by year to be acquitted of all service from henceforth shall no be bound to such suits or to other like contrary to the form of their feoffment. And if any inheritance whereof but one suit is due descend to many heirs as to parceners he that hath theldest part of the inheritance shall do that one suit for himself & his fellows/ and the other coheir shall be contrybutaryes according to their portion for doing such suit. And if in any feffees be seized of an inheritance/ whereof but one suit is due the lord of the fee shall have but that one suit nor shall exact of the said inheritance but that one suit as hath been accustomed to be done before. And if those feffees have no warrant or mean which ought to acquit them then all the feffees according to their portion shallbe contrybutoryes for doing the suit for them. And if it chance the lords of the fee to distran their tenants for such suits contrary to this act/ then at the complaint of the tenants the lords shallbe attached to appear in the kings court at a short day to make answer thereof/ and shall have but one essoin therein/ if they be within the realm and immediately the beasts or other distresses taken upon this colour shallbe delivered to the plaintiff. And so shall remain until the plea betwixt them be determined. And if the lords of the courts which took such distresses come not at the day that they were attached or do not keep the day given to them by essoin then the sheriff shallbe commanded to cause them to come at another day/ at which day if they come not then he shallbe commanded to distran them by all the goods and cattles that they have in the shire/ so that the sheriff shall answer to the king of the issues of the said inheritance. And that he have their bodies before our justices at a certain day limited. See that if they come not at that day the party plaintiff shall go without day and his beasts or other distresses taken by that colour shall remain delivered until the same lords have recovered by award of the kings court/ and in the mean time such distresses shall cease/ saving to the lords of the court their right to recover these suits in form of law when they will plead therefore/ and when the lords of the courts come into answer the plaintiffs of such trespasses and be convyete thereupon then by award of the kings court the plaintiffs shall recover against them the damages that they have sustained by occasion of the said distress likewise if the tenants after this act withdraw from their lords such suits as they were wont to do & which they did before the time of the said voyage and hitherto used to do/ then by like spedynes of justice as of the lymytting of days and awarding of distresses the lords of the courts shall obtain iusty●● to recover their suits with their damages in like manner as the tenants should recourt theirs. And this recovering of damages must be understand of withdrawings from themselves and not of withdrawing from their ancestors/ nevertheless the lords of the courts can not recourt season of such suits against their tenants by default as they were wont to do/ and as touching suits withdrawn before the time afore mentioned/ let the comen law ●●●n● as it was wont before tyme. ¶ The ten Ca For the turfs of sheriffs it was provided that archbishops/ bishops/ abbots/ pryouts/ earls/ barons nor any religious men or women shall not need to be there/ except their appearance be specially required for some other cause/ but the turn shall be kept as it hath been used in the times of the kings noble progenitors/ and if there be any that have hundreds of their own to be kept/ they shall not be bounden to appear at no such turns but in the lord ships where they be dwelling/ & the turns shallbe kept after the form of the great charter/ & as they were used ut the times of king Rich. & king johan. IT is provided also that that from ¶ The xi Chapter. henceforth neither in the circuit of justices/ nor in shires/ courts/ hundreds & court barons no fines shallbe taken of any man for fair pleding/ nor so that any occasion shallbe. And it is to be known that by this act certain fines or lonies assessed sins the time that our sovereign lord the king first passed into britain are not taken away. ¶ The xii Chap. IN a plea of dower that is called (unde nichil habet) from henceforth four days shallbe given in the year at the least and more/ if it may conveniently/ So that they shall have .v. or. ut. days a● the teste in the year in assizes of deraign presentment and in a plea of Quare impedit of churches being void days shallbe given from xu to xu or from iii weeks to iii weeks as the place hap to be near or far. And i a plea of Quare impedit if the dystourbour come no● at the first day that he is so moved nor cast no essoin/ then he shallbe attached at another day/ at which day if he come not nor cast none essoin/ he shallbe distrained by the great distress above given. And if he come not then/ by his defau●e a writ shall go to the bishop of the same place that the claim of the dystourbour for that time shall not let the plaintiff/ saving to the dystourbour his right at another time when he will plead therefore. The same law shallbe observed in making attachementes in all writs where attachementes lie as in making distresses/ so that the second attachement shallbe made by better sureties and afterward the last distress. ¶ The xiii Chapter. ANd it is to be known that after that a man hath put himself to any inquest the which must pass in such writs/ he shall have but one essoin or default/ so that if he come not at the day given to him by the essoin/ or make default the second day/ then the inquest shallbe taken by his default/ and according to the inquest they shall proceed to judgement. And if such inquest be taken in the shire before the sheriff or coroner it shallbe sent unto the kings justices at a certain day/ and if the party defendant come not at that day then through his default another day shallbe assigned to him after the discretion of the justices/ and it shallbe commanded to the sheriff that he cause him to come to here the judgement (if he will) according to the inquest/ at which day if he come not through his default they shall proceed to judgement. In like manner it shallbe done if he come not at the day given unto him by his essoin. ¶ The xiiii Chapter. Concerning charters of exemption & liberties that the purchasours shall not be empaneled in assizes/ juries/ and inquests it is provided that if their oaths be so requisite that without them justice can not be done as in great assizes/ perambulations and in deeds or writings of covenants where they be named for witnesses/ or in attaints & in other cases like/ they shallbe compelled to swear/ saving to them at another time their foresaid liberty and exemption. ¶ The vii Chapter IT shallbe leeful to no man fromhenceforth for any manner of cause to take distresses out of his fee/ nor in the kings high way nor in the comen street but only to the king or his officers having special aucroryte to do the same. ¶ The xvi Chapter. IF any heir after the death of his auncetor be within age/ and his lord have the ward of his lands and tenements/ if the lord will not render unto the heir his land when he cometh to his full age without plea/ the heir shall recover his lands by assize of mort dauncetour with the damages that he hath sustained by such withholding sins the time that he was of full age/ and if any heir all the time of his ancestors death be of full age and he his heir apparent and known for heir and be found in the inheritance/ the chief lord shall not put him out/ nor take/ nor remove any thing there/ but shall take only simple season thereof/ that he may be known for lord. And if the chief lord do put such an heir out of possession malyeyously whereby he is driven to purchase a writ of mortdauncetor or of cousinage/ then he shall recover his damages as in assize of novel disseisin. Of heirs which hold of the king in chief this order shallbe observed that our sovereign lord the king shall have the first season of their lands/ like as he was wont to have before time/ nor the heir nor any other shall enter into the inheritance before he hath received it out of the kings hands/ as the same inheritance was wont to be taken out of his hands and his ancestors. And this must be understanden of lands & fees the which were accustomed to be in the kings hands by reason of knights service or ser●auntye or right of patronage. ¶ The xvii Chap. IT is provided that if land holden in socage be in the keeping of the friends of the heir/ because the heir is within age/ the keepers shall make no waste/ nor sale/ nor any destruction of the same inheritance/ but saucily shall keep it to the use of the said heir/ so that when he cometh to his lawful age they shall answer to him of the issues of the said inheritance by a lawful account/ saving to the same keepers their reasonable costs/ nor the said keepers shall neither give nor sell the marriage of such an heir/ but to the advantage of the said heir/ but the next friends which had his wardship (for all that time that writs of impleding did not lie) shall have such wardship unto the advantage of theyre as is said before without waste/ sale/ or destruction making. ¶ The xviii Chapter NO escheator or iquysitor or justice special assigned to take assizes or to here & determine matters from henceforth shall have power to amerce for default of common summons/ but the chief justices or the justices ●rrant in their journeys. ¶ The xix Capittell. FOr essoynes it is provided that in shire courts/ hundreds/ court barons/ or in other courts none shall need to swear to warrant his essoin. ¶ The twenty Chapter. NOne from henceforth (except our sovereign lord the king) shall hold in his court any plea of false judgement given in his court by his tenants/ for such pleas specially belong to the crown and dignity of our sovereign lord the king▪ ¶ The xxi cha. IT is provided also that if the beasts of any man be taken and wrongfully withholden/ the sheriff after complaint made to him thereupon may deliver them without let or gainsaying of him that took the beasts if they were taken without his liberties/ and if the beasts were taken within any liberties and the bailiffs of the liberty w●l not deliver them/ then the sheriff for default of those bailiffs shall cause them to be delivered. ¶ The xxii Chapter NOne from henceforth shall distran his freeholders to answer for their freehold nor for any thing touching their frehold without the kings writ/ nor shall cause his freeholders to swear against their wills/ for no man ought to do that without the kings commandment. ¶ The xxiii Capitter. IT is provided also that if bailiffs which ought to make account to their lords/ do withdraw themselves and have no lands nor tenements whereby they may be distrained/ then they shallbe attached by their bodies so that the sheriff in whose baylewyke they be found shall cause them to come to make their account. Also farmers during their termꝭ shall not make waste sale nor destruction of houses/ woods/ and men/ nor of any things belonging to the tenements that they have to firm/ with out special license had by writing of covenant making mention that they may do it/ and if they do and thereof be convict they shall yield full damages/ and be amerced grievously. ¶ The xxiiii Chapter THe justices errant shall not from henceforth amerce towneshypes in their circuytes/ because all being xii years old came not afore the sheriffs & coroners to make inquiry of robberies burnings of houses/ & other things pertaining to the corown/ so that there come sufficient out of those towns to make such inquests fully/ except inquests for the death of a man/ where ●● all being xii years of age ought to appear whiles they have reasonable cause of absence. ¶ The xxv Chapter MUrdre that chanceth by misfortune only/ fromhenceforth shall not be inquired afore our justices/ but only for the murders of such as be slain felonously/ and not otherwise. ¶ The xxvi Chapter. IT is provided that none being vouched to warranty before our iustyc●s in a plea of land shallbe amerced fromhenceforth because he was not present when he was called to warranty/ except the first day of the coming of the justices/ but if he were vouched within the shire/ then the sheriff shallbe commanded to cause him to come with in the iii or four day according to the distance of the place as it was wont to be done in the circuit of the justices. And if he dwell without the shire/ then he shall have reasonable summons of xu days at the least after the discretion of the justices and the comen law. ¶ The xxvii Chapitre. IF a clerk for any crime or offence touching the crown be arrested/ ● afterward by the kings commandment let to bail or replevyzed/ so that they to whom he was let to bail should have him before our justices. The sureties from henceforth nor they to whom he was let to bail shall not be amerced/ if they have his body before our justices although he will not nor can not answer before them by reason of clerks privilege. ¶ The xxviii Chapter. IT is provided that if any depredations or extortions be done to abbots or other prelate's of the church/ and they have sued their right for such extortions/ and be prevented with death before judgement given therein/ their successors shall have actions to recover the goods of their church out of the hands of such trespassers. Moreover the successors shall have like action for such things as were lately withdrawn by such violence from their house and church before the death of their predecessors/ though the said predecessors did not pursue their right during their lives. And if any abate into the lands or tenements of such religious men in time of vacation/ of which lands their predecessors died seized as in the right of their church/ the successors shall have a writ to recover their season. And damages shall be awarded them as in assize of novel disseisin is wont to be. ¶ The xxix Chapter. IT is provided also that if such alienations (whereupon a writ of entry was wont to be granted) hap to be made in so many degrees that by reason thereof the same writ can not be made in the form before times used the plaintiffs shall have a writ to recover their season without making mention of the degrees. In whose hands so ever the same thing shall happen to come by such alienation/ and that by an original writ to be provided therefore by the counsel of our sovereign lord the king. ¶ Here endeth the statute of Marlebrygge. ¶ Here beginneth the first statute of westminster made the iii year of king Edward the first. THese be the acts of king Edward son to king Henry made at westminster at his first parliament general after his coronation the monday of Easter utas the iii year of his reign by the counsel & assence of arch bishops/ bishops/ abbots/ priors/ earls/ barons/ and all the commonalty of the realm being thither summoned/ because our sovereign lord the king had great will and desire to redress thestate of the realm in such things as required amen dement for the common profit of holy church and of the realm. And because th'estate of holy church had been evil kept/ & the prelate's and religious persons of the land grieved many ways/ and the people otherwise entreated than they ought to be/ and the peace les kept/ and the laws ●es used/ and the offenders unpunished/ whereby the people of the realm feared the less to offend/ the king hath ordained and established these acts underwritten which he intendeth to be necessary and profitable unto the hole realm. ¶ The first Chapter. first the king willeth & commandeth that the peace of holy church and of the land be well kept & maintained in all points. And that common right be done to all aswell poor as rich without respect of persons. And because that abbots and religious men of the land have been overcharged and sore grieved by the coming of great men and other/ so that their goods have not been sufficient for themselves whereby they have been greatly hindered and empoveryshed that they can not maintain themselves nor such charity as they have been accustomed to do. It is provided that none shall come to eat or lodge in any house of religion that is not of his own foundation at the costs of the house without he be required by the governor of the house before he came thither. And that none at his own costs shall come in there to lie against the will of them that be of the house/ and by this statute the king entendyth not that the grace of hospitality should be withdrawn from such as need nor that the founders or patrons of such monasteries should over charge or grieve them by to often coming. It is provided also that none neither higher nor lower by colour of patent specyalte or other promise/ nor by any other occasion/ shall not hunt in any park/ nor fish in any pond or river/ nor come to eat or to lodge in the house or manner of a prepare/ or any other religious person against the will of the lord or his bayllyfe/ neither at the costs of the lord/ nor at his own. And if he come in or enter with the good will or against the will of the lord or bayllyffe he shall cause no door/ lock/ nor window/ nor no manner of place to be opened/ nor shall not fish himself nor none other for him/ nor shall take no manner of victual or other thing by colour of buying nor otherwise/ and that none shall throsh corn/ nor take corn/ or any manner of victual/ nor other goods of prelate/ man of religion/ or any other clerk or lay person by colour of buying nor otherwise against the will and license of him to whom the thing belongeth/ nor of any warden within a town merchant or without. And that none shall take horses oxen/ ploughs/ carts/ ships/ nor barges to make carriage without the assent of him to whom such things belong. And if he do it by the assent of the party/ then incontinent he shall pay according to the covenant made between them. And they that offend these acts and thereof be attainted shallbe committed to prison/ and after shallbe ransomed and punished according to the quantity and manner of the trespass and after as the king in his court shall think convenient. And it is to be known that if they to whom such trespass was made will sue for damages they shallbe thereto received and awarded and be restored to the double. And they that have done the trespass shallbe likewise punished in the manner above said. And if none will sue the king shall have the suit as for a thing committed against his commandment and against his peace. And the king shall make inquerye from year to year what persons do such trespasses/ after as he shall think necessary & convenient. And they that be indicted by such inquests shallbe attached & distrained by the great distress to come at a certain day containing the space of a month in the kings court or where it shall please the king. And if they come not at that day they shallbe distrained of new by the same distress for to come at an other day containing the space of six weeks at the least/ and if they come not then they shallbe judged as attainted/ & shall yield double damages (at the kings suit) to such as have taken hurt or damage and shallbe grievously ransomed after the manner of the trespass. And the king forbiddeth and commandeth that none from henceforth do hurt damage or grievance to any religious man or person of the church or any other because they have denied me●e or lodging unto them or because that any complaineth in the kings court that he hath been grieved in any of the things above mencyoned. And if any do & thereof be attainted/ he shall incur the pain aforesaid/ & it is provided that the points afore said shall aswell bind out counsellors/ justices of forests/ and other ou● justices as any other persons/ and that the foresaid points be maintained/ observed and kept/ likewise the king forbiddeth upon great penalties that no prelate/ abbotte/ man of religion/ or bailiff of any of them or of other receive no man contrary to this ordinance. And that none shall send unto the house or manner of a man of religion or of any other person men horse or dogs to be kept/ nor none shall them receive/ and he that doth (seeing the king hath commanded the contrary) shallbe grievously punished/ yet it is further provided that sheriffs from henceforth shall not lodge with any of the persons afore mentioned more than with five or six horses. And that they shall not grieve religious men nor other by to often coming or lodging neither at their houses/ nor their manners. ¶ The second chapiter. IT is provided also that when a clerk is taken for guilt of felony/ and is demanded by the ordinary/ he shallbe delivered to him according to the privilege of holy church in such peril as belongeth to it after the custom afore times used. And the king warned the prelate's and enjoined them upon the faith/ that they own him/ and for the comen profit and peace of the realm/ that they which be indicted of such offences by solemn inquest of lawful men in the kings court/ in no manner shall be delivered without due purgation/ so that the king shall not need to provide any other remedy therein. ¶ The iii Chapitre. IT is provided also that nothing be demanded nor taken from henceforth nor levied by the sheriff nor by none other for escape of a thief or a felon until it be judged for an escape by the justices errant/ and he that otherwise doth shall restore to him or them that have paid it/ as much as he or they have taken or received/ and as much to the king. ¶ The four Chapter. Concerning wreckies of the see it is agreed/ that where a man a dog or a cat escape quick out of the ship/ that such ship nor barge nor any thing within them shallbe adjudged wrek but the goods shallbe saved and kept by view of the sheriff coroner or the kings bayllyffe and delivered into the hands of such as are of the town where the goods were found/ so that if any sue for those goods & after prove that they were his/ or perished in his keeping within a year and a day/ they shallbe restored to him without delay. And if not they shall remain to the king and be seized by the sheriffs/ coroners/ & bailiffs of the town which shall answer before the justices for the wrek belonging to the king/ and where wrek belongeth to an other then to the king he shall have it in like manner. And he that otherwise doth & thereof be attainted shallbe awarded to prison and ransomed at the kings will and shall yield damages also. And if a bailiff do it/ & it be disavowed by his lord/ and the lord will not discharge him thereof/ the bailiff shall answer if he have whereof/ and if he have not whereof/ the lord shall deliver his body to the king. ¶ The .v. Chapter. ANd because elections ought to be free the king commandeth upon great forfeiture that no great man nor other by force of arms or menacing shall disturb any to make free election. ¶ The vi Chapter. ANd that no city/ borough/ town nor any man be amerced without reasonable cause/ and according to the quantity of his trespass/ that is to say/ every freeman saving his freehold/ a merchant saving his merchandise a villain saving his gaynure/ and that by his or their peeries. ¶ The vii Capitter OF prizes assessed by constables o● castellaynes upon such folk as be not of the town where the castle is. It is provided that no constable nor castellayne from henceforth exact any prise or like thing of any other then of such as be of their town or castle. And that to be paid or agreement to be made with ●● xl days/ if it be not an auneyent prise due to the king/ or to the castle/ or to the lord of the castle. ¶ The viii Chapitre. ANd that nothing be taken for fayet pleading/ as hath been prohybytte heretofore in the time of king Henry father to our sovereign lord that now is. ¶ The ix Chapter. ANd for as much as the peace of this realm hath been evil observed heretofore for lack of quick & fresh sayte making after felons in due manner & namely because of sraunchyses where felons are received. It is provided that all generally/ be ready and counseled at the commandment and summons of sheriffs/ & at the erye of the country to sue and arrest felons when any need is aswell within franchises as without/ and they that will not so do and thereof be attainted shall make a grievous fine to the king/ and if default be found in the lord of the franchise the king shall take the same franchise to hymseife. And if default be in the bayllyffe he shall have one years imprysenment/ and after shallbe grievously ransomed. And if he have not whereof/ he shall have imprisonment of two years. And if the sheriff/ coroner/ or any other bailiff within such franchise or without for reward or for prayer/ or for any manner of affinity conceal consent/ or procure to conceal such felonies done in their liberties/ or other wise will not attach nor arrest such felons there as they may/ or otherwise will not do their office for savour borne to such misdoers/ and be attainted there of/ they shall have one years imprisonment/ and after make grievous fine. And if they have not whereof to be ransomed/ then for to have imprisonment of iii years. ¶ The ten Chapter ANd for as much as mean persons & undiscrete now of late at commonly chosen to the office of coroners where it is requisite that wise men lawful & able should occupy such offices. It is provided that through all s●yres sufficient men shallbe chosen to be coroners of the most wise and discrete knights which know and may best attend upon such offices/ and which lawfully shall attach and present pleas of the corone. And that sheriffs shall have countrepanes with the crowner's aswell of appealles as of inquests of attachementes & of other things which to that office do belong And that no crowner demand no thing nor take no thing of any man to do his office upon pain of great forfeiture to the king. ¶ The xi Chapter. ANd for as much as many being indited of murder & culpable of the same by favourable inquests taken by the seryf and by the kings writ of odio et alia/ be replevysed unto the coming of the justices errauntes. It is provided that from henceforth such inquests be taken by lawful men and tried by oath/ of whem two at the lea● shallbe knights which by no affynyt● touching the prisoners nor otherwise are to be suspected. ¶ The xii Cham IT is provided also that comen felons and which openly be of evil name/ and will not put themselves in inquests of felonies/ that men shall attain them before the justices at the kings suit/ and shall have strong and hard imprisonment/ as they which refuse to be justified by the comen law of the land/ but this is not to be understanden of such prisoners as be taken upon light suspection. ¶ The xiii Chap. ANd the king prohibiteth that none shall ravish nor take away by force any maiden within age neither by her own consent nor without/ nor any lady/ or maiden of full age/ nor any other woman against her will/ and if any do/ at his sure that will sue within xl days the king shall do comen right/ and if none commence his sure within xl days the king shall sue. And such as be found culpable shall have two years imprison meant/ and after shallbe ransomed at the kings pleasure. And if they have not whereof/ they shall be punished by 〈…〉 nger imprisonment accordingly and as the ●espas requireth. ¶ The xiiii Chap. ANd for asmuch as it ●athe been used in some countries to outlaw men being appealed of commandment force aid and tesceyt in as short time as he that is appealed for the deed/ is outlawed. It is provided & commanded by the king that none be outlawed upon appealle of commandment force aid or resceyt/ until he that is appealed of the deed be attainted/ so that one like law be used therein through all the realm/ nevertheless he that will appealle shall not by reason of this intermytte or leave to commence his appeal at the ne●te county day against them/ no more than against their principals/ which be appealed of the deed/ but their e●●gent shall remain/ until such as be appealed of the deed be attainted by outlarye or otherwise. ¶ The xu Chapter. ANd for asmuch as sheriffs and other which have taken and kept in prison persons indicted of felony and incontinent have let them out by plevyn which were not replevisable/ and have kept in prison such as were replevysae bic because they would win of the one party and grieve the other. And for as much as before this time it was not dtermyned what persons were replevisable and which not/ but only for them that were taken for the death of a man/ or by commandment of the king or of his tustyces/ or for the forest. It is puyded and by the king commanded that such prisoners as before were outlawed and they which have abjured the realm provers & such as be taken with the manor/ & such as have broken the kings prison/ thieves openly defamed & known & such as be appealed by provers so long as the provers be alive (if they be not of good name) & such as be taken for house burning felonously done/ or for false money/ or for counterfeiting the kings seal/ or persons excommunicate taken at the request of the bishop or for manifest osfen debts or for treason touching the king/ shallbe in no wise replevisable by writ/ nor without writ. But such as be indicted of bryborye by enqnstes taken afore she ryffes or bailiffs by their office/ or for light suspection/ or for petty brybory that amounteth not above the value of xii d. if they were not guilt of some other brybory afore time or guilt of receit of thieves/ or felons/ or of commandment/ or force/ or of aid in felony done/ or guilt of some other trespass for which one ought not to lose life nor member/ & a man appealed by a prover after the death of the prover (if he be no comen thief nor defamed) shall from henceforth be let out by sufficient surety/ whereof the sheriff willbe answerable/ and that without giving thirteenth of their goods. And if the sheriff or any other let any go at large by surety that is not replevisable/ if he be sheriff or constable/ or any other bailiff of fee which hath keeping of prisons/ and thereof be attaymed/ he shall lose his fee and bayleshyp for ever. And if the undersheriff/ constable/ or bailiff of such as have fee for keeping of prisons do it contrary to the will of his lord/ or any other bailiff being not of fee/ they shall have iii years unprysonment/ & be raun somed at the kings pleasure. And if any withhold prisoners replevisable/ after that they have offered sufficient surety he shall pay a grievous amereyment to the king. And if he take any reward for the deliverance of such/ he shall pay it double to the prisoner/ and also shall pay a grievous amereyment to the king. ¶ The xvi Chapitre. IN tight of that divers persons take and cause to be taken the beasts of other/ chasing them out of the shire where the beasts were taken. It is provided that none from henceforth do so/ & if any do/ he shallbe grievously ransomed/ as is conceived in the stature of Marlebrygge made in the time of king Henry father to the king that now is. And likewise it shallbe dou to them which take beasts wrongfully/ & that dystrayne out of their fee/ & shallbe more grievously ponyshed/ if the manner of the trespass do so require. ¶ The xvii Chapitre. IT is provided also that if any from henceforth take the beasts of other and drive them into a castle or fortress and there within the close of such castle or fortress do withhold them against gauges and pledges/ whereupon the beasts be solemnly demanded by the sheriff/ or by some other bailiff of the kings at the suit of the plaintiff/ the sheriff or bailiff taking with him the power of his shire or baylewyke shall assay to make plevyn of the beasts to him that took them or to his lord/ or to other being servants of the lord/ what so ever they be that are found in the place whereunto the beasts were enchased/ & if any deforce him of the deliverance of the beasts/ or that no man be found for the lord/ or for him that took them for to answer & make the deliverance. After that the lord or taker shallbe admovyshed to make deliverance by the sheriff or bailiff/ if he be in the country/ or near/ or there where he may be conveniently warned by the taker/ or by any other of his to make deliverance/ if he were out of the country when the taking was/ and did not cause the beasts to be delivered incontinent. Then the king for the trespass and despite shall cause the said castle or fortress to be beaten down without recover. And all the damages that the plaintyf hath sustained in his beasts/ or in his gaynure or any other wise after the first demand made by the sheriff or ba●lyf for the beasts shall be restored to him double by the lord or by him that took the beasts/ if he have whereof/ and if he have not whereof/ he shall have it of the lord at what time or in what manner the deliverance be made after that the sheriff or bailiff shall come to make deliverance. And it is to wite that where the sheriff aught to return the kings writ to the bailiff of the lord of the 〈…〉 or fortress/ or to any other to whom the return belongeth/ if the bailiff of the franchise will not make deliverance after that the sheriff hath made his return unto him/ then shall the sheriff execute and do his office without further delay/ & upon the foresaid pain notwithstanding any such liberty. And if that be done in the marches of wales or in any other place where the kings writs be not currant/ the king which is chief and sovereign lord over all/ shall do right therein to such as will complain. ¶ The xviii Chapitre. FOr as much as the comen fine and amercyment of the hole county in eyre of the justices for false judgements/ or for other trespasses is unjustly assessed by sheriffs and extortioners in the shires so that the sum is many times increased/ and the parcels otherwise assessed than they ought to be/ to the damage of the people/ which be many times paid to the sheriffs and extorc●oners/ which do not acquit the payers. It is provided and the king will that from hens forth such sums shallbe assessed before the justices in eyre afore their departure/ by the oath of knights and other lawful men upon all such as ought to pay. And the justices shall cause the parcels to be put in their estretes which shall be delivered up in●● th'exchequer/ & not the hole sum. ¶ The nineteen. chapiter. IN right of sheriff or other which answer by their own hands unto the exchequer/ and which have received of the kings father's debts/ or the kings own debts before this lime/ & have not acquitted the debtors in the exchequer. It is provided that the king shall send good & lawful men through every shire to here all such as will complain thereof/ and so to end the matters there/ that all such as can prove that they have paid shallbe thereof acquitted for ever/ which whither the sheryfs or other be living or dead shall have restitution of their own in a certain form. And such as have not so done (if they be lining) shallbe grievously punished. And if they be dead their heirs shall be charged with the de●●●. And the king hath commanded tha● sheryfs & other afore said shall fromhenceforth lawfully acqu●●●●he debtors at the nert account after they 〈…〉 such debts/ and then the debt shallbe allowed in th'exchequer so that now it shall not come in the summons. And if the sheriff otherwise do and thereof be attainted/ he shall pay to the plaintiff thrice asm●che as he hath received & be ransomed at the kings pleasure. And let every sheriff take heed that he have a receiver for whom he will answer for the king willbe answered for all of the sheryfs & their heirs. And if any other that is answerable to the shequer by his own hands so do/ he shall yield thrice so much to the plaintiff & be raun somed in like manner. And that the sheriffs shall make tails to all such as have paid their debt to the king/ and that the summons of th'exchequer be showed to all debtors that demand a light thereof without denying to any/ and that without taking any money or reward/ and he that doth contrary/ shallbe grievously punished by the king. ¶ The twenty Chapitre. IT is provided also for trespassers in parks and warrens that if any be thereof attaymed at the suit of the party/ great & large amendis shallbe awarded according to the trespass/ and iii peers imprisonment/ and after shallbe ransomed at th● kings pleasure (if he have whereof) and then shall find good surety that after he shall not commit like trespass. And if he have not whereof to be ransomed after iii years imprisonment he shall find like surety/ and if he can not find surety he shall abjure the realm. And if any such trespasser be fugytyf and have no land nor tenement sufficient whereby he may be justified so soon as the king shall find it by in quest he shallbe demanded from shire to shire/ and if he come not he shall be outlawed. It is provided also that if none do sue within a year and a day for the trespass done/ the king shall have the suit And such as be found guilt thereof by lawful inquest shallbe punished by like manner in all points as above is said. And if any such trespasour be attainted that he hath taken beasts dear or other thing in his parks by manner of robborye in coming tarrying or returning▪ let the comen law be executed upon him as if he were attainted of open theft and robborye aswell at the suit of the king as of the party. ¶ The xxi Chapt. IN right of lands of heirs being within age and in ward of their lords. It is provided that the wardens shall keep & sustain the lands without destroying any thing. And that of such manner of wards shallbe done in all points as is contained in the great chartove of liberties made in the time of king Henry father of the king that now is/ & that it be so used from henceforth. And likewise shallbe done of wards of arch byshoprykes byshoprykes/ abbacies/ churches/ and all spiritual dignities in time of vacation. ¶ The. xrii. Chap. OF heirs married within age against the will of their keepers afore that they be passed th'age of xiiii years/ it shallbe done according as it is contained in the statute of Merton. And of them which shallbe married against the will of their keepers after they be past th'age of▪ xiiii. years/ the kepar shall have the double value of their marriage after the tevour of the same act. Moreover such as have withdrawn their marriage shall pay the full value thereof unto their keeper for the trespass/ and nevertheless the king shall have like amends according to the same act/ of him that so hath withdrawn. And of heirs females after they have accomplished the age of xiiii years/ and the lord to whom the marriage belongeth will not mary them but for covetise of the land will keep them unmarried. It is provided that the lord shall not have nor keep by reason of marriage the lands of such heirs females more than two years after the term of the said xiiii years/ and if the lord within the said two years do not mary them/ then shall they have action to recover their inheritance qwyte without gyvenge any thing for their wardship or their marriage. And if they of malice or by evil counsel will not be married by their chief lords (where they shall not be dysparaged) than their lords may hold their land and inheritance/ until they have accomplished th'age of an heir male that is to wite xxi years/ and further until they have taken the value of the marriage. ¶ The xxiii Chapitre. IT is provided also that in no city/ borugh/ town/ market/ nor fair/ there be no foreign person (being of the realm) distrained for any debt/ whereof he is not debtor or pledge/ & he that doth it/ shallbe grievously punished with out delay/ and the distress shallbe delivered to him by the bailiffs of the place or by the kings bailiffs/ if need be▪ ¶ The xxiiii Chapitre. IT is provided also that no escheator/ sheriff/ nor other bailiff of the king by colour of his office without special warrant or commandment/ or authority certain pertaining to his office/ dyssese no man of his srehold/ nor of any thing belonging to his ●rehold. And if any do/ it shallbe at the eleccion of the dyssesye/ whither that the king by office shall cause it to be amended at his complaint/ or that he will sue the comen law by an assize of novel dy●ieson and he that is attainted thereof shall pay double damages to the playntyte/ & shall be grievously amerced unto the king. ¶ The xxv Chapter. NO office of the kings shall maintain by themselves nor by other/ pleas/ suits/ or matters/ hanging in the kings court for lands/ tenements/ or other things/ for to have part or profit thereof by covenant made between them/ & he that doth shallbe punished at the kings pleasure. ¶ The xxvi Chapitre. ANd that no sheriff nor other the kings office take any reward to do his office/ but shallbe paid of that they take of the king/ and he that ●o doth shall ye●de ●wyfe somuch/ & shall be punished at the kings pleasure. ¶ The xxvii Chapter. HAd that no clerk of any justice/ escheator/ or inquysit our shall take any thing for delivering chap●●tes but only clerks of justices errant in their circuit which shall take ii s. & no more of every wapentake hundred or town that answereth by xii or by vi according as the amercyment hath been used and he that doth contrary shall pay thrice somuch as he hath taken & shall lose the service of his master for one year. ¶ The xxviii Chapter. HAd that none of the kings clerks n●● of any justice from henceforth shall r●●●●●e the presentment of any church for ●●● which any plea or debate is in the kings cour●e without special by 〈…〉 of th● king and that the king for 〈…〉 to lose the church and his 〈…〉 and that no clerk of any 〈…〉 o●●●●●yf take ●a●●e in any quarrels or 〈…〉 in the kings court/ nor make nor cause comen right to be delayed or disturbed/ and if any so do/ be shallbe punished by the pain afore said/ or more grievously if the trespass so require. ¶ The xxix chapter. IT is provided also that if any servant pleader or other do any manner of deceit or collusion in the kings court/ or consent to do it in derogation of the court/ or to beguile the court or the party/ and thereof be attainted/ he shall be impryson●d for a year and a day/ and fronthensforth shall not be herd to ple●e in that court for any man. And if he be no pleader/ he shallbe imprisoned in like manner by the space of a year and a day at the least. And if the trespass require greater punishment it shallbe at the kings pleasure/ and for asmuch as many complain themselves of the ser●auntes/ cryours of fee and the marshalseas of iusty●es in cry taking money wrongfully of such as recover season of land/ or of them that obtain their matters of that levy fines/ and of jurors/ towns prisoners/ and of other attached upon pleas of the crown/ otherwise than they ought to do in divers manners. And for asmuch as there is a greater number of them then there ought to be whereby the people are so grieved/ the king commandeth that such things be no more done from henceforth. And if any seriaunte of fee do it/ his office shallbe taken into the kings hands/ and if any of the justices marshals do it/ they shallbe grievously punished at the kings pleasure/ and aswell the tone as the t'other shall pay to all plaintiffs the triple value of that they have received in such manner. ¶ The xxx Chap. OF such as take outrageous tolls against the comen custom of the realm in market towns. It is provided that if any do so in the kings towns that is bailiff in fee firm/ the king shall sese into his own hand the freedom of the market. And if it be an other town/ and it be done by the lord of the town/ the king shall do in like manner/ and if it be done by a bailiff without commandment of his lord/ he shall restore to the plaintiff asmuch more for the outrageous taking as he had of him if he had carried his toll/ and shall have xl days imprisonment/ of citizens or but guesses to whom the king or his father hath granted murage to enclose their towns/ and take such murage otherwise than it was granted unto them/ and thereof be attainted. It is provided that they shall lose their grant for ever more/ and shallbe grievously amerced unto the king. ¶ The xxxi Chapter. OF such as take victual or other things to the kings use upon credence/ or to the garrison of a castle/ or otherwise/ and when they have received their payment in the exchequer/ ga● derobe or otherwhere they withhold it from the creditors to their great damage & slander of the king. It is provided for such as have lands or tenements that incontinent it shallbe levied of their lands or of their goods & paid unto the creditors with the damages that they have sustained/ & shallbe ransomed for the trespass/ and if they have no lands nor tenements/ they shall be imprisoned at the kings will. And of such as take part of the kings debts/ or other rewards of the kings creditors for the payment of such debts. It is provided that they shall pay the double thereof and be grievously punished at the kings pleasure. And of such as take horse or carts for the kings carriage more th●n is need and take rewards to let such horse or ca●●●s to go. It is provided that if any of the court so do/ he shallbe grievously punished by the marshals/ and if it be done out of the court/ or by one that is not of the court/ and be thereof attainted/ he shall pay triple damages and shall remain in the hinges prison. x●. days. ¶ The xxxii Chap. ●T is pro●yded that no she●yf d●● suffer a●y 〈…〉 tours or maynt●no●●s of quarrels their shye●s/ neither 〈…〉 of great lords nor other ou● 〈…〉 be 〈…〉 for his lord to make 〈…〉 nor to 〈◊〉 judgements in the ●●r●●s nor to pronounce the iudgemen●es/i● be not sp●cyally required ● prayed of all 〈…〉 and attorneys of the 〈◊〉 which shallbe at the court and if an● do the 〈◊〉 shall punish him grievously for 〈…〉 and himself. ¶ The xxxiii Chapitre. FOr asmuch as many have often times ●old● new tidings where by discord or occasion of discord hath oftentimes arisen between the king & his people or great men of this realm/ for the damage that hath & may thereof ensue/ it is commanded that from henceforth none be so hardy to tell or publish any false news or sa●es whereby discord or ●cc●syon or discord or slander may g●●w● between the king and his people● or the great m●n of the realm/ and he that 〈…〉 kept in prison/ until he be brought in ● the court which was first au●●or of the ●ale. ¶ The xxxiiii Chapitre OF great men and their bailiffs and other (the kings officers excepted unto whom special audience is given) which at the co●●●●ynce o●s●●t/ or by their own authority/ attach other passing by the way wi●h their goods compelling them to answer afore them upon contracts covenants & trespasses done out of their jurisdiction where in deed they hold nought of them nor within the franchise where their power is/ in pretudyce or the king and his crown and to the damage of the people It is provided that none from henceforth so do/ and if any ●o he shall pay to him that by this occasion shallbe attached his damages double and shallbe grievously amerced to the king. ¶ The xxxv Chapter. FOrasmuch as before this time reasonable aid to make a man's son knight or to marry his daughter was never put in certain/ nor how much should be taken/ nor at what time/ whereby some levied outrageous aid and more often then seemed necessary/ whereby the people were so grieved. It is provided that from henceforth of an hole knights fee there be taken but twenty s. And of twenty li. land holden in socage twenty s. and of more more/ and of less less after the rate. And that none shall levy such aid to make his son knight until his son be xu years of age/ nor to mary his daughter until she be of the age of vii years. And of that shallbe made mention in the kings writ grounded on the same when any will demand it. And if it happen that the father when he hath levied such aid of his tenants die before he hath married his daughter the executors of the father shallbe bound to the daughter for asmuch as the father received for the aid. And if the father's goods be not sufficient his heir shallbe charged therewith unto his daughter. ¶ The xxxvi Chapitre. IT is provided also and agreed that if any man be attainted of disseisin done in the time of the king that now is with robborye of any manner of good or movable by recognisance of the assize of novel dysseson/ the judgement shallbe such/ that the plaintiff shall recover season of the land with his damages aswell of the goods and movables afore said as of the frehold/ and the dyssessour shallbe ransomed/ which whither he be present or not (so it be presented) shall first be awarded to prison. And in like manner it shallbe done of disseisin with force and arms/ although there be no robborye. ¶ The xxxvii Chapter. FOr as much as certain people of this realm doubt very little to give false verdyts or oaths (which they ought not to do) whereby much people are disherited and lose their right. It is provided that the king of his office shall from henceforth give attaints in pleas of land/ or of freehold/ or of any thing touching freehold/ when it shall seem to him necessary. ¶ The xxxviii Chapitre. ANd forasmuch as it is long time passed sins the writs undernamed were limited. It is provided that in conveying a dys●ent in a wryt of right none shall presume to declare of the season of his ancestor further or beyond the time of king richard uncle of king Henry father to the king that now is and that a writ of novel disseisin of purpartye which is called nuper obiit/ have their limitation sins the first voyage of king Henry father to the king that now is into Gascoigne. And that writs of mort dauncetour of cousinage/ of ayell of entry/ and of ●y●/ have their limitation from the coronation of the same king Henry and not before/ but all writs purchased now by themselves or to be purchased between this and the feast of saint johan for one year complete shallbe pleaded from as long time as heretofore they have been used to be pleaded. ¶ The xxxix Chapitre. FOr asmuch as many folk are de●●yed of their right by false vouching to warranty. It is provided that in writs of possession first of all in a writ of mortdaunce●our/ of cousinage▪ of ●yell nu●er about/ of ●ntrusyon & other like wryt●es whereby lands or ●en●mentes which ought ●o dyscend/ reuer●e/ remain/ or fal●e by the death or by the death of an auncetour or otherwise/ that if the tenant vouch to warranty/ and the demandant counterpledyth unto him/ and will aver by assize or by the country/ or otherwise as the co●tre will award/ that the tenant or his ancestor (whose heir he is) was the first that entered after the death of him/ of whose season he demandeth. The avertiment of the dema●ndan● shallbe received if the tenant thereto will attend/ & if not he shallbe further compelled to another answer/ if he have not his warrantour present that will warrant him freely and incontinent entry into the warranty saving to the demandant his ex●●●cyons against him/ if he will vouch further as he did before against the first tenant. From henceforth in all manner of writs of entry which make mention of degrees/ none shall vouch out of the line/ nor in other writs of entry where no mention is made of degrees/ which writs shall not be maintained but in cases where the other writs of degrees can not lie nor hold place. And in a writ of right it is provided that if the tenant vouch to warranty/ and the demandant conterplede him/ and be ready to aver by the country that he that is vouched nor his ancestors had never season of the land or tenement demanded fee nor service/ by the hands of the tenant or his ancestors sins the time of him on whose season the demandant declareth until the time that the writ was purchased and the plea moved where by he might have infeoffed the tenant or his ancestors. Then let the averment of the demandant be received if the tenant thereto will attend/ & if no● the tenant shallbe further compelled to an other answer/ if he be not present that will warrant him freely and in continent enter in answer/ saving to the demandant his exceptions against him/ as he had before against the first tenant/ & the said exception shall have placein a writ of mordauncetour/ and in the other writs before named aswell as in writs that concern right/ and if percase the tenant have a deed of warranty of another man that is bound in none of these cases before mencyoned to the warranty of his elder degree/ his recovery by a writ of warranty of charter out of the kings chancery shall be saved to him/ at what time so ever he will purchase it/ how be it the plea shall not be delayed therefore. ¶ The xl Chapitre. FOr the oaths of champions it is thus provided (because it seledom happeneth but that the champion of the demandant is forsworn in that he sweareth that he or his father saw the season of his lord/ or his ancestor/ & that his father commanded him to deraygne the right) that from henceforth the champion of the demandant shall not be compelled so to swear. Nevertheless his oath shallbe kept in all other points. ¶ The xli Chapter. FOr as much as in a writ of assize attaints/ and juris utrum/ the couriers be often troubled by reason of the essoins of tenants. It is provided that after he hath once appeared in the court that he shallbe no more essoyved/ but shall make his attorney to sue for him if he will/ and if not/ the assize or jury shallbe taken through his default. ¶ The xlii Chapitre. FOr asmuch as demaundantes be ●●ē●ymes delayed of their right b 〈…〉 son 〈…〉 many parceners be tenants of which none may be compelled to answer without the other/ or that there be many jointly infelled where none knoweth his several/ and such tenaunte● oftentimes fourth by es●oyne/ so that every of them hath a several essoin. It is provided that fromhenceforth such tenaun●es shall not have es●oyne but at one day no more than one sole tenant showeth▪ ●●/●o that from henceforth they shall no more fourche/ but only for to have one e●●oyne. ¶ The xliii Chapter. FOr as much as divers persons cause themselves falsely to be ess●●ned (for being over the see) wherein 〈…〉 they were within the realm the day o●●●e 〈…〉 s. It is provided from henceforth that this es●oyne be not all times allowed/ if the demandant will challenge it/ and will be ready to aver that he was in England the day of the summons and iii weeks after/ it shallbe a●ourned in this poulme/ that if the demandant be ready at a certain day by averment of the country/ or otherwise as the court shall award ●o prove that the tenant was within the four sees the day that he was summoned. and iii weeks after/ so that he might be reasonably warned and so found/ the essoin shallbe ●ourned into a default. And that is to be understanden only before justices. ¶ The xliiii Chapitre. Concerning delays in all manner of writs and attachementes it is thus provided/ that if the tenant or defendant after the first attachment recorded do make defau●e/ that incontinent the great distress shallbe awarded. And if the sheriff do not make sufficient return by a certain day/ he shall be grievously amerced/ and if he return that he hath made execution in due manner/ and the issues delivered to the sureties/ then the sheriff shallbe commanded that he return issues at another day before the justices/ and if the party being attached come in at his day to save his defaults/ he shall have the issues/ and if he come not the king shall And the kings justices shall cause to be delivered in the wardrobe/ and the justices of the bench at westminster shall deliver him in th'exchequer/ and justices in eyer to the sheriff of the shire where they plead aswell of that shire as of foreign shires/ & shallbe charged therewith in summons by the rolls of justices. ¶ The xlv Chapitre. IT is provided also and commanded by the king that the justices of the kings bench at westminster from henceforth shall decyse all pleas determinable at one day before any matter be arraigned or plea commenced the day following/ except that their essoins shall be entered judged and allowed/ and by reason hereof no man shall absent himself but shall come at the day to him limited. ¶ The xlvi Chapter. IT is provided also that if any from henceforth purchase a writ of novel disseisin and he against whom the writ was brought as principal dyssesour dieth before the assize be passed/ that then the heir shall have his writ of entry upon disseisin against the heir of the dyssesour or dyssesors of what age so ever they be/ likewise the heir or heirs of the dyssesye shall have their writs against the dyssesours or their heirs of what age so ever they be. And if peradventure the dyssesye chance to die before he hath purchased his writ so that for the nonages of the heirs of the one party or the other/ the writ be not abated nor the plea delayed/ but for as much as he may without offending the law/ it must be hasted to make fresh suit after the disseisin. And in like manner this order shallbe observed in all points for the right of prelate's/ men of religion/ and other/ to whom lands nor tenements can no wise descend after others death/ whither they be dyssesyes or dyssesours. And if the parties in pleading come to the inquest/ and it passeth against the heir within age/ and namely against the heir of the dyssesye/ then ● such case he shall have an attaint of the kings special grace. ¶ The xlvii Chapitre. IF a warden or chief lord infeffe any man of land that is thynherytaunce of a child within age and in his ward to the dysherytaunce of the heir. It is provided that the heir shall forth with recover by assize of novel disseisin against his keeper and against the tenant/ and the season shallbe delivered by the justices (if it be recovered) to the next friend of the heir to whom the inheritance can not descend for to improve to the use of the heir/ and to answer for the issues unto the heir when he shall come to full age/ and the keeper for his life shall lose the custody of the thing recovered and all the inheritance that he holdeth by reason of the heir/ and if another warden than the chief lord do it/ he shall lose the wardship of all together/ and be grievously punished by the king. And if the enfaunt be carried away or disturbed by the warden or by the feoffee/ or by other by reason whereof he can not sue his assize/ then may one of his next friends (that will) sue for him which shallbe thereto admitted. ¶ The xlviii Chapitre. IN a writ of dower called (unde nihil habet) the writ shall not abate by the exception of the tenant/ because she hath received her dower of another man before the writ purchased unless that he can show that she hath received part of her dower of himself and in the same town/ before the writ purchased. And for as much as the king hath ordained these things to the honour of god and holy church/ and for the remedy of such as be grieved/ he would not that any other time it should turn in prejudice of himself or of his crown/ but that such rights as appertain to him should be saved in all points. And for asmuch as it is great charity to do right unto all men at all times (when need shallbe) by the assent of all the prelate's it was provided that assizes of novel dysseson/ mortdauncetour/ and deraign presentment should be taken in advente/ septuagesme/ and lente/ even aswell as a man may take inquests/ and that at the special request of the king made to the bishops. ¶ Here endeth the first statute of westminster. ¶ The statute of Gloucestre made the vii year of king Edward the first. ⸫ FOr the great mischiefs damages and dysherytaunces that the people of this our realm of England have heretofore suffered through default of the law that failed in diverse cases within our said realm Our sovereign lord the king for the amendment of the realm/ for the relieving of the people/ and to eschew such mischiefs/ damages/ and dysherytaunces/ hath provided and established these acts underwritten/ willing and commanding that fromhenceforth they be firmly observed within this realm. ¶ The first Chapter. UUher as heretofore damages we not awarded in assizes of novel disseisin but only against the dyssesors. It is provided that if the dyssesours do alien the lands/ and have not whereof there may be damages levied/ that they to whose hands such tenements shall come shallbe charged with the damages so that every one of them shallbe charged with the damages for his tyme. It is provided also that the dyssesye shall recover damages in a writ of entre grounded upon disseisin against him that is found tenant after the dyssesour. It is provided also that where before this time damages were not awarded in a plea of mortdauncetour but in case where lands were recovered against chief lords/ that from henceforth damages shallbe awarded in all cases where a man recovereth by assize of mortdaunce tower/ as before is said in assize of novel dysseson/ and likewise damages shallbe recovered in writs of cousinage/ ayel/ & besayell/ and where as before time damages were not taxed/ but to the value of the issues of the land. It is provided that the demandant shall recover against the tenant/ his costs from the day of his writ purchased with the damages above said. And this act shall hold place in all cases where the party is to recover damages. And from henceforth the party shallbe compelled to pay damages where the land is recovered against him for his own intrusion or other unlawful act. ¶ The ii Cham IF a chyloe within age be held from his inheritance after the death of his father/ grandfather or great grandfather/ whereby he is driven to his writ/ and his adversary coming into the court/ and for his answer allegeth fesfement/ or pledyth some other thing/ whereby the justices award an inquest/ whereas before the inquest was de●erred unto the full age of thynfant/ now the inquest shall pass aswell as if he were of full age. ¶ The iii Chapitre. IT is established also that if a man alien any land that he holdeth by the law of England/ his son shall not be barred by the deed of his father (from whom no heritage to him descended) to demand and recover by writ of mort dauncetour of the season of his mother/ although it be mentioned in the deed that his father did bind him and his heirs to warranty. And if the inheritance dyseend to him of his father's side than he shall be barred for the value of the inheritance to him descended. And if in such case after the death of his father/ the inheritance descend to him by the same father/ then shall the heir recover against him of the season of his mother by a iudycial writ that shall issue out of the rolls of the justices/ before whom the plea was pleaded to resomon his warranty as before hath be done in like cases/ where the heir of the warrauntour cometh into the court saying/ that nought descended from him upon whose deed he is vouched. And in like manner the issue of the son shall recover by writ of cousinage/ ayell/ and besayell. Likewise and in like manner the heir of the wife shall not be barred after the death of his father and his mother for to demand by action/ the inheritance of his mother by writ of entry/ which his father did alien in the time of his mother/ whereof no fine is levied in the kings court. ¶ The four Chapitre. ALso if a man let his land to farm or to find estovers'/ in meat or in cloth/ amounting to the very value of the four part of the land/ and he that holdeth the land so charged lets it lie fresh/ so that the party can find no distress there by the space of ii or iii years to compel the farmer to payment/ or to do as is contained in the writing or lease. It is established that after the two years passed the lessor shall have action to demanude the land in demean by a writ out of the chauncetye. And if he against whom the land is demanded come before judgement and pay the atretages and the damages/ & find sutetye such as the court shall think sufficient to pay from henceforth as is contained in the writing of his less he shall kept the land. And if he tarry until it be recovered by judgement/ he shall be barred for ever after. ¶ The .v. Chapter. IT is provided also that a man fromhenceforth shall have a writ of waste in the chancery against him that boldeth by the law of England/ or otherwise for term of life/ or of years/ or a woman that holdeth in dower. And who that is attainted of waste shall lose the thing wasted/ and moreover shall recompense thrice so much as the waste shallbe tared at/ & for waste made in the time of wardship shallbe done as is contained in the great charter the second chapiter/ that is to say that he which did waste during the wardship should lose the ward/ it is agreed that he shall recompense the heir for the damages of the waste if so be that the wardship lost do not suffice for the damages before the age of the heir of the same ward. ¶ The vi Chapter. IT is provided also that if a man die having many heirs/ of whom one is son or daughter/ brother or sister nephew or niece/ and the other be of a further degree/ all the heirs shall recover from henceforth by a writ of mortdauncetour. ¶ The vii Chapter. ALso if a woman sell or give in fee or for term of life such land/ as she holdeth i dower. It is ordained that the heir or he to whom the land ought to return after the death of such woman shall immediately recover by a writ of entre in the chancery. ¶ The viii Chapter. IT is provided also that sheriffs shall plead pleas of trespass in their counties as they have been accustomed to do/ and that none from henceforth shall have writs of trespass before justices without he swear by his faith that the goods taken away were worth xl ●. at the least. And if he complain of beating he shall swear by his faith that his plaint is true/ of pleas of mayhem a man shall have his writ as before hath been used And it is agreed that the defendants in such pleas shall make their attorneys where appeal lieth not/ so that if they be attainted in the absence of the party the sheriff shallbe commanded to take them/ and shall have like pain as the parties should have had/ if they had been present at the judgement given. And if the plaintiffs fromhenceforth in such trespass cause themself to be essoined after the first appataunce day shallbe given them unto the coming of the justices errauntes/ and the defendants in the mean time shallbe in peace in such pleas and other where as attachementes and distresses do lie. And if the defendant assoil himself of the kings service/ and do not bring his warrant in/ at the day given him by the essoin. It is provided that he shall recompense the plaintiff damages for his journey twenty ● or more after the discretion of the justices/ and at the least shallbe grievously amerced unto the king. ¶ The ix Chapter. IT is provided also that no writ shall from henceforth issue out of the chancery for the death of a man to inquire whither he were stain by misfortune or in his defence/ or otherwise without felony. And if he be in prison before the coming of the justices errauntes/ assigned to the jail deliver & putteth himself before them for good and pll. And if it be founden by the country that he did it in his defence or by misfortune/ then the justices shall do the king to wite thereof/ and the king shall take him in his grace if it please him. It is provided also that no appeal shallbe abated so soon as they have been/ but if the appellour declare the deed the year/ the day/ the hour/ the time of the king/ & the town/ where the deed was done/ & of whose arm he was slain/ the appeal shall stand in effect/ and shall not be abated for default of fresh suit whereby the party shall sue within the year and the day after the deed done. ¶ The ten Chapter. Where as it is contained in the statute of the king that now is/ that two parcenexes/ or two that hold in comen/ may not forche by essoin after that they have one time appeared in that court/ it is provided that the same be observed & aepte there where a man and his wife be impleaded in the kings court ¶ The xi Chapitre. IT is provided also that if a man less his lands for term of years within the city of London/ and he to whom the freehold belongeth causeth himself to be impleaded collusyō and maketh default after defaute/ or cometh into the court and giveth it up/ for to make the termor lose his term and the demandant obtaineth the cause/ so that the termor may recover by writ of covenant/ the mayor/ and the bailiffs may inquire by good vie we in the presence of the termor and of the demandant/ whither the demandant moved his plea upon good right that he had or by collusion and fraud to make the termor lose his term/ and if it be found by the inquest that the demandant moved his plea upon good right that he had the judgement shallbe given forth with/ and if it be found by inquest that he impleded him by fraud to make the termor lose his term/ then shall the termor entdye his term/ and the execution of judgement for the demandant shallbe suspended until the term be expired. And in like manner it shall be of equity before justices in such case/ if the termor do challenge it afore the judgement given. ¶ The xii Chapitre IT is provided also that if a man be impleaded for land in the same city/ and doth vouch a foreign to warranty/ he shall come into the chancery and have a writ to summon his warrantor at a certain day before the justices of the bench and another wryt to the mayor and sheriffs that they surcease in the matter that is before them by writ/ until the matter of warranty be determined before the justices of the bench. And when the warranty shallbe on's determined before the justices of the bench/ then shall the party warraunted be commanded to go in to London to answer unto the chief plea/ and a writ shallbe awarded for the demandant by the justices unto the mayor and sheriffs that they pass further upon the plea. And if the demandant recover against the tenant/ the tenant shall come before the justices car▪ the bench that shall direct a wryt unto the mayor and sheriffs/ that if the tenant have lost his land/ that they shall cause the land to be extended and valued/ & shall return the extent at a certain day in ●o the bench/ & after it shallbe commanded unto the sheriff of the shire where the warranty was summoned that he shall cause the party warranted to have as much of the land of the warrantour in value/ as he lost. ¶ The xiii Chapter. IT is provided also that after such time as a plea is moved in the city of London by writ/ the tenant shall have no power to make any waste or estrypament of the land being in demand (hanging the plea) & if he do the mayor and sheriffs shall cause it to be kept at the suit of the demandant. And the same ordinance and statute shallbe observed in other cities/ boroughs/ & every where through out the realm. ¶ The xiiii Chapitre. THe king of his special grace granteth unto the citizens of London that where as before times they that were dyssesed of their freehold in the same city could not recover their damages before the coming of the justices to the tower/ that from henceforth the dyssesyes shall have damages by the same assize whereby they recovered their lands And the dissesours shallbe amerced by barons of the exchequer which shall resort once a year into the city to do it. And it shallbe commanded to the barons and to the treasurer of th'exchequer that they shall cause it every year to be levied by two of them/ and the amercymentes by the summons of the exchequer to be levied to the kings use delivered up in the exchequer. ¶ The xu Chapter. IT is provided also/ that mayor's and bailiffs before the coming of the barons shall inquire of wines sold against the assize/ and shall present it before them at their coming/ and then to amerce the parties where before times they tarried unto the coming of the justices errauntes. given at Gloucestre the four day of Octobre the vi year of the reign of king Edward son of king Henry. ¶ Here endeth the statute of Gloucestre. ¶ expositions upon the statute of Gloucestre. afterward by the king our sovereign lord and his justices certain were made upon some of the articles about mentioned/ and as to the first article/ that for entrees by disseisin damages shall run from the time of the statute published/ likewise of writs of entry upon disseisin of damages in all writs of mortdauncetour/ cousinage/ ayel/ and besayel/ of intrusion by a man's own act by any manner of writ▪ damagis shall ●unne after the writ purchased against that held by statute/ all be it that their ancestors died seized thereof. Of inquerye to be made touching such as be within age the statute shall run without limitation of time/ of the alienation of lands holden by the law of England the statute shall run for such lands being aliened after the time of the statute published. In like manner the statute shall extend and run upon the lands of a wife aliened by her husband/ where as no fine was levied/ and also upon lands being let in fee firm/ upon condition to pay therefore yearly the fourth part of the very value thereof the statute shall run and extend aswell unto lands that were lessed before the making of the statute as after/ so that the tenant hath witholden then by the space of two years & more that he should have paid unto his lessor verily according unto the form of his covenant. And as to the punishment of waste it shallbe understanden in all cases (except it be of dowers and wardship) & of such wastes as were made sins the publishing of the statute. And as concerning them which do alien their dowers it shallbe always understanden after the publishing of the statute. Given at Gloucestre the sunday next after the feast of saint Peter ad vincula the vi year of the reign of king Edward the first. ¶ Here endeth the expositions upon the statute of Gloucestre ¶ The second statute of west: minster/ made the xiii year of king Edward the first. WHere as of late our sovereign lord the king in the quynzieme of saint johan baptist the vi year of his ●eygne/ calling together the prelate's/ earls/ barous/ and his council at Gloucestre/ and considering that many of this realm were disherited (by reason that in many cases where remedy should have been had/ there was none provided by him nor his predecessors) ordained certain statutes necessary and profitable for his people/ whereby the people of England and Ireland being subjects unto his power have obtained more speedy justice in their oppressions than they had before/ and certain cases wherein the law failed did remain undetermined/ & some remained to be enacted that were for the reformation of the oppressions of his people/ our sovereign lord the king in his parliament/ after the feast of Easter/ holden the xiii year of his reign at westminster caused many oppressions of the people/ cases where the law failed/ for the accomplishment of the said statutes of Gloucestre to be rehearsed and thereupon did provide certain acts/ as it shall appear more plainly here following. first concerning lands that many ¶ The. I chapiter. times are given upon condition that is/ where a man giveth his land to another and his wife/ & to the heirs begotten of the bodies of that same man and wife with such condition expressed/ if that the man and his wife die without heirs of their bodies between them begotten/ the land so given should revert to the giver or his heir. In case also where lands be given in free marriage which gift hath a condition awered though it be not expressed in the deed/ as thus. That if the same husband & wife die without heir of their bodies begotten/ the land so give shall revert to the giver or his heir. In case also where a man giveth land to another and to the heirs of his body issuing/ it seemed very hard & yet seemeth to the givers and their heirs/ that their wylbeing expressed in the gift/ was not/ nor yet is not observed. In all the cases afore said after issue borne & begotten between them to whom the lands were given under such condition/ heretofore such feffees had power to make alienation of the land so given/ and to disherit their issue/ contrary to the minds of the givers/ and contrary to the form expressed in the deed. And further where (the issue failing) the land so given aught to return to the giver or his heir by form of the gift expressed in the deed/ though the issue if any were/ by the deed and feoffment of them to whom the lands were given under such condition/ were barred of their reversion which was directly repugnant to the form of the gift/ wherefore our sovereign lord the king considering how necessary and expedient it should be to provide remedy in the foresaid cases hath ordained that fromhensforthe that the will of the giver according to the form expressed in the deed of gift shallbe observed so that they to whom the land was given under such condition shall have no power to alyene the land so given/ but that it shall remain unto their issue af●er their death or shall revert to the giver or his heirs (if issue fail) so that there be no issue at all/ or if any issue be and fail by death/ or heir of t●e body of such issue failing. Nor the secound husband of such a woman shall fromhenceforth have any thing in the land so given after the death of his wife by the law of England/ nor the issue of the second husband and wife shall succeed in the inheritance/ but immediately after the death of the husband and wife to whom the land was so given/ it shall return to their issue/ or to the giver or his heir as before is said. And forasmuch as in a new case/ new remedy must be provided/ this manner of writ shallbe given to him that will purchase it. Praecipe A. quam just etc. reddat. B. tale manerium cum pertinennquam 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 ut 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. etc. The writ whereby the giver shall recover (when issue faileth) is comen enough in the chancery. And it is to wite/ that this statute touching alienation of land contrary to the form of the gift hereafter to be made shall hold place/ and shall not extend to gifts made before. And if a five belevyed hereafter upon such lands/ it shallbe of no effect in the law. Nor such as the reversion belongeth unto/ though they be of full age within England/ and out of prison shall not need to make their claim. ¶ The ii Chapitre. FOr asmuch as lords of fees distraining their tenants for services and customs due unto them/ be many ●ymes grieved/ because their tenants do repledge the distress by writ or without writ. And when the lords at the complaint of their tenants do come by attachement into the shire▪ court▪ or unto another court having power to hold pleas of whythernam/ & do abvowe the taking good & lawful/ in that the ●●naun●●s dysavowe and do dysclayme to hold thirteenth of him which took the distress and avowed it/ he that distrained shallbe amerced/ and the tenants shallbe quite to whom punishment can n●t be assigned for the dysad●owynge by record of the court/ or of other courts having no record. It is provided and ordained from henceforth that where such lords can not obtain justice in such manner of courts against their tenants/ as soon as they shallbe attached at the suit of their ●enaun●es/ a writ shallbe granted them to remove the matter before the justices by whom justice may be given to such lords/ and afore none other & the cause shallbe put in the writ (because such a man dystrayned●● his fee for services and customs to him due) nor this act shall not be prejucidial to the law commonly used whereby ●● is prohybytte that no plea shall be remo●ed before justices at the suit of the defendant/ for though it appear at the first that the tenant is plaintiff/ and the lord defendant/ nevertheless having respect to that/ that the lord hath distrained and sueth for services and customs being behind/ he appeareth in deed to be rather plaintiff than defenbant/ and that the justices may know upon what fresh season the lords may avow the distress good and lawful upon their tenants. From henceforth it is agreed and enacted/ that a distress may be avowed reasonable upon the season of any ancestor or predecessor sins the time that a writ of novel disseisin hath run/ & because it chanceth many times that the tenant/ after he had repledged his beasts/ doth sell them whereby return can not be made to the lord that distrained/ if it be adjudged. It is provided that the sheriffs or bailiffs from henceforth shall not receive of the plaintiffs only sureties for the suit before they make deliverance of the distress/ but also for the return of the beasts if return be awarded. And if any man take sureties otherwise he shall answer for the price of the beasts/ and the lord that dystrayveth shall have his recovery by writ that he shall restore unto him so many beasts or cattles. And if the bailiff be not able to restore/ his lord shall restore. And for asmuch as it happeneth sometime that after the return of the beasts is awarded unto the dystraynour/ and the party so distrained after that the beasts be returned doth repledge them again/ & when he saith the dystraynour appearing in the court ready to answer him do make default whereby return of the beasts is awarded again to the dystraynour. And so the beasts be repledged twice or thrice/ and infynytely and the judgements in the kings cou●●e take no effect in this c●. se/ whereupon no temedye hath been yet provided. In this case such process shallbe awarded that as soon as the return shallbe awarded to the dystrayner by writ of judgement/ the sheriff shallbe commanded so make return of the beasts unto the dystrayner in which writ it shallbe mentioned that the sheriff should not deliver them without writ in which it shallbe mentioned of the judgement given by the justices that can not be without a writ issuing out of the rolls of the justices be fore whom the matter was brought. Therefore when he cometh unto the justices and desireth replevin of his beasts/ he shall have a writ of judgement that the sheriff taking surety for the suit and also of the beasts or cattles to be returned/ or for the price of them/ if return be awarded/ shall deliver unto him the beasts or cattles before returned/ and the distraynour shallbe attached to come at a certain day before the justices/ afore whom the plea shallbe brought in presence of the parties/ and if he that repledged make default again/ or for another cause return of the distress being now twice repledged be awarded/ the distress shall remain vnrepleuyabl●/ but if a distress be taken of new and for a new cause/ the process abovesaid shallbe observed in the same new distress. ¶ The iii Chapter. IN case when a man had lost by default the land that he held in right of his wife▪ it was very hard that the wife after the death of her husband had none other recovery but by a writ of right wherefore our sovereign lord the king hath ordained that a woman after the death of her husband shall recover by a writ of entry (whereto she could not disagree during his life) which shall be pleaded in form underwritten/ if the tenant do except against the demand of the wife that he entered by judgement. And it be found that his entry was by default▪ whereto the tenant might be bound to answer if it were demanded of him▪ then he shallbe compelled to make further answer and to show his right according to the form of the writ that he purchased before against the husband and the wife. And if he can be ryfye that he hath or had right in the land demanded/ the woman shall gain nothing by her writ. And if he can not show the woman shall recover the land being in demand (this being always observed) that if the husband absented himself/ and would not defend his wife's right/ or otherwise in his life would not answer/ if the wife did come in before judgement ready to answer the demandant & to defend her right/ the wife shallbe admitted. Likewise if tenant in dower/ tenant by the law of the land/ or otherwise for term of life/ or by gift whereupon a reversion is reserved/ do make default/ or will hinder their estate the heirs/ or they to whom the reversion belongeth shallbe admitted to their answer if they come in before judgement. And if upon such default or surrender judgement hap to be given then the heirs or they to whom the reversion belongeth after the death of such tenants shall recover by a writ of entry/ in which writ of entry like process shallbe observed/ as is aforesaid in case where the husband loseth his wives land by default. And so in the cases aforesaid two actions do concur one between the demandant and tenant and an other between the tenant showing his right and the demandant. ¶ The four Chapter. IN case when a man being impleaded for land giveth up the land demanded unto his adversary by collusion after the death of the husband the justices shall award the wife her dower if she demand it by a writ/ but in case when a man ●●syth by default the land being in demand/ if the wife after the death of her husband demand to be endowed/ and it is found that by some justices dower was awarded to the demandant/ notwithstanding the default which her husband made before the other justices being of the contrary opinion/ and awarding the contrary/ to the intent that from hens for the such doubts or ambyguytes shall be taken away and put in certain. It is provided that in both cases the woman demanding her dower shallbe heard/ and if it be alleged against her that her husband lost the land (whereof the dower is demanded) by judgement/ whereby she ought not to have dower. And if it be inquired by what judgement/ & it be found that it was by default/ whereunto the tenant must answer/ then it behoveth him to answer further/ and to show that he had right and hath in the foresaid land according to the form of the writ that the tenant before purchased against the husband/ and if he can prove that that the husband of such wife had no right in the lands/ nor none other but he/ the tenant shall go quite/ and the wife shall recover nought of her dower/ which thing if he can not show the wife shall recover her dower. And so in these cases & in certain other following/ that is to say/ when the wife being endowed loseth her dower by default/ and tenants in free marriage/ by the law of England/ or for term of life/ or in fee taylle diverse actions do concur/ for such tenants when they demand the land lost by default/ and when it is come to that point that the tenant must be compelled to show his right/ in asmuch as the law will not compel them to make answer with them to whom the revercyou belongeth and therefore they are suffered to voucheor call to warranty according to the tenor of the writ as if they were tenants/ and if they have a warranty when the warrantour hath warranted/ the plea shall pass between him that is seized and the warrantour according to the tenor of the writ that the tenant purchased before and by which he recovered by default/ & so from many actions at length they shall resort to one judgement which is this/ that either the demaundantes shall recover their demand or that the tenants shall go quite. And if the action of such a tenant which is compelled to show his right be moved by a writ of right/ though that the great assize or battle can not be joined by the words accustomed/ nevertheless it may be joined by words convenient and used/ for when the tenant in that that he showeth his right which agreeth with the writ that he before purchased is in stead of a demandant/ the warrantour may well defend the right of the tenant which cometh in place of the demandant as before is said/ and to allege the season of his ancestor/ and to defend it by the body of a freman/ or pu● himself in the great assize and pray recognisance thereof/ whither he hath more right to the land being in demand/ or else the party before named or it may be joined otherwise by the great assize/ and so the warr●●our may defend the right/ and knowledge the season of his ancestor and put himself in the great assize. etc. and pray recognisance to be made/ whither he hath more right in the foresaid land as in that whereof he infeffed such a man/ or that such a one released and quite clay med. etc. or else the foresaid party. etc. And where sometimes it chanceth that a wife/ which is not endowed of the land of an heir being within age/ doythe purchase a writ of dower against the kepar● the keeper endueth the wife by favour or maketh default/ or defendeth such manner of feigned plea by collusion/ whereby the wife is a warded her dower in prejudice of the heir. It is provided also and enacted that when the heir cometh to full age/ he shall have an action to demand the season of his auncctour against the wife like as he should have against any other deforceour/ provided always that that the wife shall have exception against the demandant to show that she had right ●o her dower/ which if she canshew she shall go quite and retain her dower and the heir shallbe grievously amerced according to the discretion of the justices/ but if the heir do recover his demand. etc. likewise the wife shallbe aided if the heir or any other do implede her for her dower/ or if she lose her dower by default in which case the default shall not prejudice her/ but that she shall recover her dower if she have right thereto/ and she shall have this writ. Praecipe. A. quoth just. etc. reddat tali que fuit uxor talis tantam ●e●●am cum pertum in. C. quam clamat esse rationabilem do●em suam/ vel de rationababili do●e sua▪ et quam predictus talis et deforceat. And to this writ the ●●●●aunt shall have his exception for to show that she had no right to be endowed/ which if he can verify/ he shall go quite & if not the wife shall recover the land/ whereof she was endowed before/ and where as before time if a man had lost his land by default he had none other recovery then by a writ of right/ which was not granted to any that could not claim of mere right/ neither to tenants for term of life/ in free marriage/ nor in tail/ in which estates a reversion is reserved. It is provided that fromhenceforth their default shall not be so prejudicial/ but that they may recover their estate (if they have right) though it be not by a writ of right. For land in free marriage lost by default such a writ shallbe made. Praecipe A. quam just. etc. reddat B. manerium de C. cum pertin'/ quam clamat esse ius et maritagium suum quod predictus A. et deforceat/ Likewise of land for term of life lost by default/ this writ shallbe made. Praecipe A. quoth just. etc. reddat B. manerium de C. cum pertin' quod clamat ●ener● ad terminum vite sue et quod predictus A. e● deforceat. Likewise/ quam clamat tenere sibi et heredibus de corpore suo legittime procreatis/ e●quam predictus A. e● deforceat. ¶ The .v. Chapitre. Where as for advouzons of churches there be but three original writs/ that is to say/ one writ of right/ & two of possession/ that is (deraign presentment and Quare impedit) & hitherto it hath been used in the rea●me that when any having no title to presence did present to any church and his 〈…〉 was admitted/ he that was very pa●ro●e could not recover his advowson/ bu●●● a writ of right which should be 〈…〉 by battle or by great assize/ w●●●by heirs within age either by fraud/ or else by ne●glygence of their wardens & heirs both of high and mean estate either by ne●glygence/ or else by fraud of tenants by the curtezye/ tenants in dower/ or for term of life/ or for years/ or in see tayloe were many times disherited of their aduouzo●s/ or at the lest were driven to their w●ytte of right/ in which case hitherto they were without remedy. It is provided that such presentments shall not be so prejudicial to the right heirs or to them unto whom such aduouzo●s shall revert after the death of other persons. For as often as any having no right do present (during the time that such heirs at in ward) or during the estate of tenants in dower by the 〈…〉/ or otherwise for term of life or of years/ or in waylle at the next avoidance when the heir is come to full age/ or when the avoidance falleth after the death of the tenants before named/ unto the heir being of full age/ he shall have like action and receit by writ of abvouson possessory/ as the ancestor of him should have had at the last avoidance happening in his time before his death/ or before the l●●s was made for term of life/ or in tail/ as afore is said. In like manner it shallbe observed in presentemen●es made unto churches being of the inheritance of wymm●̄ (what time they were in the power of their husbands) which must be aided by this statute i form aforesaid. Also religious men as bishops/ archede●cons/ persons of churches/ and other spiritual men shallbe aided by this statute. If any having no title do present unto churches belonging to prelacies/ spiritual dygnites/ personages/ or to houses of religion (what time such houses/ prelacies/ spiritual dignities/ & personages be vacaunt) this act shall not be so largely understanden that such persons (for whose remedy statute was made) shall have the recovery aforesaid/ saying that keepers of heirs/ tenants i tail/ by the curtezye/ tenants in dower/ for term of life or for years/ or persons which faintly have defended plces moved by them or against them/ because the judgements given in the kings courts should be utterly annulled/ but the judgement shall stand in his force until it be reversed in the court of the king as erroneous (if error be found) or by assize of deraign presentment/ or by inquest in Quare impedit/ if it pass by attaint/ or be annulled by certification which shallbe freely granted. And from henceforth one form of pleading shallbe kept in writs of deraign presentment and Quare impedit/ so that where the defendant allegeth plenartye in the church of his own presentation/ the plea shall not fall by reason of the plenartye (so that the writ be purchased within the vi months) though he can not recover his presentation within vi months. And sometimes where peace is made between many claiming one advowson and enrolled before the justices in the roll/ or by fine in this form/ that one shall present the first time/ and at the next avoidance another/ and the iii time another/ and so of many. And when one hath presented for his time according to the form of their agreement and fine/ and at the next advoydanunce he to whom the second presentation belongeth is disturbed by any that was party to the said fine or in his stead. It is provided that fromhenceforth he that is so dystourbed shall not be driven to sue a Quare impedit/ but shall resort to the roll or fyne. And if the said fine or agreement be found in the roll/ then the sheriff shallbe commanded that he give knowledge unto the distourbour that he be ready at a certain day containing the space of xu days or iii weeks (as the place happeth to be near or far) for to show if he can allege any thing/ wherefore the party that is disturbed ought not to present. And if he come not/ or peradventure doth command can nothing allege to bar the party of his presentation by reason of any deed made or written sins the fine was enrolled/ he shall recover his presentation with damages. And where it chanceth that after the death of his ancestor that presented his clerk to a church/ the same advowson is assigned in dower to a wife/ or to tenant by the curtezye/ which do present and after the death of such tenants the very heir is disturbed to present when the church is void. It is provided that fromhenceforth it shallbe in choice of ●he party disturbed whither he w●ll s●e a Quare impedit/ or a dar●●y● presentment. Like law shallbe observed in advowsons ●●assed for term of ly●e/ or years/ or in tail. And from henceforth in writs of Quare impedit and da●r●y● presentment damages shallbe aw●●●●d if the ●●●● continue above. v●. m●n●●h●●▪ so that if the bishop do presen●●/ and the v●●y pa●●une l●se his presentation for that time damages shallbe awa●●●d for the ii years value of ●●● 〈…〉. And if the. v● months 〈…〉 and the pres●n●mē●●. dysprou●d 〈…〉 said time then damage shall 〈…〉 the 〈…〉 ye●es v 〈…〉 the 〈…〉. And if the dystourbour 〈…〉 not whereof he ●a●● 〈…〉 e d●●●ges 〈…〉 th● bishop presenteth by 〈…〉 o● 〈…〉 he ●●a●●● your sh●d by 〈…〉. And if the 〈…〉 d within the half y●●●▪ yet t●● dy●●ourbour shallbe ponyssh●●●● the 〈…〉 of half a year. And from henceforth writs shallbe granted for chap●●●es prebends/ vicarages/ hospytalles/ abbeys/ priories/ & other houses/ which be of the advouzons of other men that were not granted before And when the person of any church is disturbed to demand tithes in the next per●she by a writ of indicavit/ the ●a 〈…〉 of the person so disturbed shall 〈…〉 a writ to demand the advowson of such tithes. And when it is disproved/ then shall the plea pass in the 〈…〉 christian/ as farforth as it is disposed in the king court/ when an advowson descendeth to parceners though one present twice and usurpeth upon his coheyre/ yet he that was neeglygent shall not be clearly barred/ but at another time shall have his turn to present when it falleth. ¶ The vi Chapter. When any demandeth land against another/ & the party that is impleaded vouchyth to warrauntye/ & the warrantour denieth his warranty and the plea hangeth long between the tenant and the warrauntour/ and at length when it is tried that the vouch is bound to warranty by th● law & custom of the realm hitherto used there was none other punishment assigned for the vouch that denied his warranty/ but only that he should warrantize and be amerced for denying his warranty/ which was prejudicial to the demandant/ because he suffered oftentimes great delays by collusion between the tenant and the warrauntor/ wherefore our sovereign lord the king hath ordained that like as the tenant should lose the land being in demand in case where he vouched/ and the vouch could discharge himself of the warranty. In like manner shall the warrantour lose/ in case where he denieth his warranty/ and it be found and tried against him that he is bounden to warrantize. And in case that an inquest be depending between the ●enant and the warrantor/ & the demandant doth pray a writ for to cause a ●urye to come it shallbe granted him. ¶ The vii Chapitre. A writ of admesurement of dower shallbe from henceforth granted to a warden nor the heir when he cometh to full age shallbe barred by the suit of such warden that sueth against the tenant in dower feignedly and by collusion/ but that he may admesure the dower after as it ought to be admesured by the law of the land. And as well in this writ as in a writ of admesurement of pasture more speedy process shallbe awarded than hath been used hitherto/ so that when it is passed unto the great distress/ days shallbe given within which two shyrecourtes may be holden/ at the which open proclamation shallbe made that the defendant shall coming at the day contained in the writ to answer unto the plaintiff/ at which day if he come in/ the plea shall pass between them. And if he do not come and the proclamation be testified by the sheriff in manner abovesaid/ upon his default they shall make admesurement. ¶ The viii Chapter. Where as by a plea moved upon a writ of admesurement of pasture the pasture was sometime admesured be fore the justices/ sometime before the sheriff in the county. And it chanced many times that after such admesurement made/ the pasture to be overcharged again by him that first did it/ with ●o beasts than he ought to keep/ whereupon no remedy hath been yet provided It is provided that upon the second overcharging the plaintiff shall have remedy in this manner/ if the admesurement were before the justices he shall have a writ judicial/ that the sheriff in presence of the parties being summoned (if they will come) shall inquire upon the second overchage/ which if ●● be found it shallbe returned before th● justices under the seals of the sheriff and of the jurors/ and the justices shall award the plaintiff damages and 〈…〉 put in the extreates the value of the beasts which were put in to the pasture after such admesurement above the due number/ and shall d●lyuer the extreates unto the barons of the exchequer/ whereof they shall answer unto the king. If such admesurement be made in the coun●ye then at the request of the plaintiff a w●●● shall go out of the chancery▪ that the sheriff shall inquire upon the overcharging & for the bea●●es b●y●g put in above the d●e number/ and for the value of them he shall answer to the king at the exchequer. And lest the sheriff m●ght defra●de the king in th●s case ●● is agreed that a● such writs of second overcharging that pass out of the chancery shallbe enrolled/ and at the years end the transcryptes shallbe returned in to the exchequer under the chancellors seal/ that the treasurer and barons may see how the sheriff shall answer of the issues of such writs/ likewise writs of reddysseson shallbe enrolled and sent into the exchequer at years end. ¶ The ix Chapitre. When chief lords do dystreyne in their fee for customs and services to them due/ & one of them is mean which ought to acquit the tenant where it lieth not in the mouth of the ●●nant after that he hath replevyzed the distress to deny the demand of the chief lord/ which avoweth in the kings court that the distress is lawfully taken upon his tenant which is the mean/ & many have been sore grieved by such distresses/ ●nsomuche as the mean (notwithstanding that he have sufficient whereby he may be distrained) doth make long delays/ before he will come into the court to answer for his tenant unto the writ of mean/ and most hard of all when the mean had nothing. In case also when the tenant was ready to do his struyces & customs unto his lord/ and the chief lord would refuse to take such services and customs by the hands of any man but only for his next tenant/ and so such tenants in demean lost somwhyles the profits of their lands for a time and somewhiles for their hole time/ and hitherto no remedy hath been provided in this case. A remedy is provided in this form/ that so soon as the tenant in demean (having a mean between him and the chief lord) is distrained/ incontinent the tenant shall purchase his writ of mean/ & if the mean having land in the same county absent himself until the great distress be awarded/ the plaintiff shall have such day given him in his writ of great distress/ within which ii shyrecourtes may be holden/ and the sheriff shallbe commanded to distran the mean by the great distress like as it is contained in the writ/ and nevertheless the sheriff at two full shyrecourtes shall cause to be proclaimed solemnly/ that the mean do come at a day contained in the writ for to answer his tenant at which day if he come/ the plea shall pass between them after the comen usage/ and if he do not come the mean shall lose the services of his tenant/ and after that/ the tenant shall not answer him in any thing/ but (the menaltye being gone) he shall answer unto the chief lord for such services and customs as the mean used to do before that time/ nor the chief lord shall have no power to distran so long as the aforesaid tenant doth offer him the services and customs due. And if the chief lord exact more of him then the mean was wont to do/ the tenant in such case hall have against him all such exceptions as the mean should. And if the mean have nothing within the kings dominion/ nevertheless the tenant shall purchase his writ of mean of the sheriff of the same shire where he is distrained. And if the sheriff return that he hath nothing whereby he may be summoned/ then shall the renant sue his writ of attachment. And if the sheriff return/ that he hath nothing for to be attached by/ he shall sue nevertheless his writ of great distress/ and proclamation shallbe made in form abovesaid. And if the mean have no land in the shire where the distress is taken/ but hath land in some other shire/ then a writ original shall issue to somone the mean before the sheriff of the same shire (where the distress is taken) and when it is testified by the sheriff that he hath nothing in his shire a writ iudy●y all shall issue to someone the mean before the sheriff of the same shire/ where it was testified that he had land/ and suit shallbe made in the same shire/ until they have passed unto the great distress/ & proclamation as above is said where the mean hath laud in the same shire in which the distress is taken And nevertheless sule shallbe made in the same shire where he hath nothing▪ as above is said of the mean that hath nothing/ until the process come to the great distress and proclamation & after proclamation made in both counties/ the mean shallbe for judged of his fee and service. And where it happeneth many times that the tenant in demean is infected to hold by less service than the mean aught to do unto the chief lord when after such proclamation the tenant hath attorned unto the chief lord/ and the mean put out/ the tenant must of necessity answer unto the chief lord for all such services and customs as the mean was wont to do to him. And after that the mean is come into the court and hath confessed that he ought to acquit his tenant/ or he is compelled by judgement to acquit/ if after such confession or judgement/ it is complained/ that the mean doth not acquit his tenant/ then shall issue a writ judicial/ that the sheriff shall distran the mean to acquit the tenant and to be at a certain day before the justices/ for to show why he hath not acquitted him before/ and when they have proceeded unto the great distress the plaintiff shall be hard/ and if the plaintiff can prove that he hath not acquitted him/ be shall yield damages/ and by award of the court the tenant shall go quite from the mean/ and shall attorn unto the chief lord. And if he come not at the first distress/ a writ shall go forth to distran him again/ and proclamation shallbe made/ and as soon as it is testified/ they shall proceed to judgement as before is said. And it is to be understanden/ that by this estatute tenants are not forebarted but they shall have warranty of the means and their heirs/ if they be unpleded/ as they have had before/ nor also the tenants be not forebarred but that they may sue against their means as they used heretofore/ if they see that their advantage may be more by the old custom then by this statute And it is to wite/ that by this statute no remedy is provided to any means/ but only in case when there is but one mean between the lord that dystrayneth and the tenant. And but in such case only where the mean is of full age/ and but in such case where the tenant may astorne unto the chief lord without prejudice of another then of his mean/ which is spoken for women holding in dower/ and tenants by the curtezye/ or otherwise for term/ of life/ or in fee taylle unto whom for certain causes remedy is not yet provided/ but (god willing) there shallbe. ¶ The. x chapiter. Where as in the circuit of the justices it was proclaimed that all such as would deliver writs should deliver them within a certain time after which no writ should be received/ many trusting upon the same and tarrying until the said time and no writ setued upon them/ departed by license of the justices/ after whose departure their adversaries perceiving them absent deliver their writs in wax/ which many times by favour and sometimes for rewards be received of the sheriff/ & they that thought to have departed quite lose their lands. For the remedy of such fraud/ from henceforth the king hath ordained that the justices in their circuits shall appoyute a time of xu days/ or of a month/ or a time more or less (after as the county shall hap to be more or less) within which time it shallbe openly proclaimed that all such as will deliver their writs shall deliver them before the same term. And when the time cometh the sheriff shall certify the chapters before the justices erraunt/ how many writs he hath and what/ and that no writ be received after the same time/ and if it be received the process issuing thereupon shallbe of none effect/ but only that a writ abated any time during the circuit shallbe amended. Also writs of dower of men that died within the summons of the circuit/ assizes of deraign presentment/ Quare impedit of churches vacant after the foresaid summons at any time before the departure of the justices shallbe received in the circuit/ also writs of novel disseisin shallbe received in the circuit of justices. The king of his special grace granteth that such as have land in divers shires/ where the justices make their circuit/ and that have land in shires where the justices have no circuit/ that fear to be impleaded/ & are impleaded of other lands in shires/ where they have no circuit/ as before the justices at westminster or in the kings bench/ or before justices assigned to take assizes/ or in any shire before sheriffs or in any court iron/ may make their general attorney to sue for them in all pleas in the circuit of justices moved or to be moved for them or against them/ during the circuit/ which attorneys shall have full power in all pleas being moved during the circuit until the plea be determined/ or that his master do discharge him/ nor they shallbe excused thereby/ but that they shallbe put in juries and assizes before the same justices. ¶ The xi Chapter. Concerning servants/ bailiffs/ chaumberlaynes/ and all manner of receivers/ it is agreed & ordained that when the masters of such receivers/ do assign auditors to take their account/ and they be found in arrearages upon their account all things allowed and to be allowed/ their bodies shallbe arrested and by award of the audytors of the same account shallbe sent unto the next jail of the kings in those parties/ and shallbe received of the sheriff or gaylor and imprisoned in iron and under safe keeping/ and shall remain at their own cost/ until they have satisfied their masters clearly of the arrearages/ nevertheless if any person being so committed to prison do conplayne that the auditors of his account have grieved him unjustly charging him with receipts that he hath not received or not allowing him expenses reasonable and do find friends that will undertake to bring him before the barons of the exchequer/ the party shallbe delivered to them. And the sheriff in whose prison he is kept shall give knowledge unto his master/ that he apere before the barons of the exchequer at a certain day with the rolls and tails that the account was given by and in the presence of the barons or the audytors/ that they shall assign him the account shallbe rehearsed and justice shallbe done to the parties/ so that if he be found in arrearages he shallbe committed to the fleet/ as above is said/ and if he i'll and will not give account/ as is contained in the other statutes/ he shallbe distrained to come before the justices to make his account/ if he have whereof to be distrained/ and when he cometh into the court/ audytors' shallbe assigned to take his account before whom if he be found in arrearages/ and can not pay the arrearages forthwith/ he shallbe committed to the jail in manner aforesaid. And if he i'll/ and it be returned by the sheriff that he can not be found/ exigentes shall go against him from county to county/ until he be outlawed/ & the prisoner shall not be replevisable/ and let the sheriff or gaoler take heed/ if it be within a fraunchyze or without that he do/ not suffer him to go at large by the common writ called Replegiare or other wise without assent of his master. And if he do and thereof be convyet/ he shallbe answerable to the party grieved of the damages done to him by such his servant after as it may be found by the count/ and shall have his recovery by a writ of debt. And if the gaoler have not wherewith he may pay his superior that committed the custody of the jail unto him shallbe answerable by the same writ. ¶ The xii Chapitre. FOr as much as many through malice intending to grieve other men do procure false appeals of murder and felony to be sued by appellours having nothing to satisfy our sovereign lord the king/ nor the parties appealed for the damages sustained by their false appealle. It is ordained that when any being appealed of felony do acquit himself in due manner/ either at the suit of the appellour/ or the kings/ the justices before whom the appeal was hard and tried shall punish the appeallour by a years imprisonment and a day/ & the appeallours shall nevertheless restore to the parties appealed their damages according to the discretion of the justices having respect to the prisoning or arresting that the party hath sustained by reason of the appeal/ & to the slander and infamy that they have suffered by imprisonment or otherwise and shall nevertheless be grievously ransomed unto the king. And if the appealours be not able to recompense the damages it shallbe inquired by whose procuring or abbettement the appeal was commensed/ or by whose malice if the party appealed desire it. And if it be found by inquest that any man is abbe●●our upon malice/ at the suit of the party appealed he shallbe distrained by a judicial writ to come before the justices. And if he be lawfully convyete of such abbettement malicious/ he shallbe punished by imprisonment/ and shall pay damages/ as before is said of the appeallour. And from henceforth in appeal of murder there shall no essoin lie for any cause in what so ever court the appeal shall hap to be determined. ¶ The xiii Chapitre. FOr asmuch also as sheriffs feigning many times certain persons to be indicted before them in their turns of felonies and other trespasses/ do take diverse persons that are not guilt/ and such as are not indicted lawfully/ and imprysone them to the intent that they might extort money from them/ where as they were not lawfully indicted by xii men: It is ordained that sheriffs in their turns & in other place where they have to inquire of trespassers by the kings precept/ or by office/ shall cause such inquests to be taken by lawful men/ & by xii at the lest/ which shall put their seals to such inquisitions/ and such as shallbe found culpaple by such inquests they shall take and imprysone as they have used afore times to do/ & if they do imprison other than such as hath been indicted by inquest/ the parties imprisoned shall have their action by a writ of false imprisonment against the sheriffs/ as they should have against any other person that should imprison them without warrant. And as it hath been said by sheriffs/ so shall it be observed against the bailiffs of any franchise. ¶ The xiiii Chap. Where as for waste done in the inheritance of any person/ by gardens/ tenants in dower/ tenants by the curtezye/ or otherwise for ●e●me of life/ or years/ a writ of prohibition of waste hath been used to be granted/ by which writ many were in doubt/ thinking that such as had done the waste should not need to answer/ but only for waste done after the prohibition to them directed. Our sovereign lord the king to put this case out of doubt from this time forth/ hath ordained that of all manner of waste done to the hurt of any person there shallbe from henceforth no writ of prohybution/ but only of summons/ so that he of whom the complaint is/ shall answer for waste done at any time/ and if he come not after the summons/ he shallbe attached/ and after the attachment he shallbe distrained/ and if he come not after the distress the sheriff shallbe commanded that in proper person he shall take with him xii etc. and shall go to the place wasted/ and shall inquire of the waste done & shall return an inquest/ and after the inquest returned/ they shall pass to judgement/ like as it is contained in the statute made at Gloucestre. ¶ The xu Chapitre. IN all cases where as such as be within age may be impleaded it is ordained/ that if such be ●loygned so that they can not sue personally/ their next friends shallbe admitted to sue for them. ¶ The xvi Chapter. IN case where any land descendeth to one being within age of the father's side that held of one lord/ and of the mother's side that held of another lord/ there hath been hitherto great doubt for the marriage of such heir/ to which of the two lords it should belong. It is agreed/ that the same lord shall from▪ henceforth have the marriage/ whose auncetour was first infeoffed/ not having respect to the gender/ nor to the quantity of the land/ but only to the more ancient feoffment by knights service. ¶ The xvii Chapitre IN the circuit of the justices an essoin de malo lec●●/ shall not be from henceforth allowed for lands in the same/ shire whiles he that caused himself to be essoined be sick in deed/ for if the demandant except/ that the tenant is not sick nor in such plight/ but that he may come before the justices/ his challenge shallbe admitted. And if it can be so proved by inquest/ the essoin shallbe turned to a default. And from henceforth such essoin shall not lie in a writ of right between two claiming by one dyscente. ¶ The xviii Chapter. Where debt is recovered or knowledged in the kings court/ or damages awarded it shallbe fronhensforthe in the election of him that sueth for such debt or damages to have a writ of Fieri facias unto the sheriff for to levy the debt upon the lands and goods of the debtor/ or that the sheriff shall deliver to him all the lands and goods of the debtor/ saving only his oxen & beasts for his plough and the one half of his land until the debt be levied or upon a reasnable price extended. And if he be put out of the land/ he shall recover by a writ of novel disseisin▪ and after that by a writ of redysseson if need be. ¶ The xix Chapitre. Where as after the death of a person dying intestate/ which also was bounden to some other for debt/ the goods come to the hands of the ordinary for to be disposed/ from henceforth the ordinary shallbe bond to answer as farforth as the goods of the deed person will extend/ like as the executors should have been bound/ if the party had made testament. ¶ The twenty cha. Where as the justices in a plea of mortdauncetour have used to admit the answer of the tenant/ that the plaintiff is not next heir of the same auncetor by whose death he demasideth the land/ & is ready to inquire the same by assize/ it is agreed that in writs of cousinage/ ayel/ and besayel/ which be of like nature/ his answer shallbe admitted and inquired/ and according to the same inquerye the judgement shall pass. ¶ The xxi Chapter. UUheras in a statute made at Gloucestre it is contained/ that if any less his land to another to pay the value of the four part of the land or more/ the lessor or his heir (after that the payment hath ceased by two years) shall have an action to demand the land so lessed in demean. In like manner it is agreed that if any withhold from his lord his due & accustomed service by the space of two years/ the lord shall have an action to demand the land in demean by such a writ. Prec. A. quam just. etc. reddat B. tale ten' quod A. de eo tenuit per tale seruicium/ et quam ad prectt B. reverti debet/ eo quam pndictꝰ A. in faciendum predictum seruicium per biennium cessavit/ ut dicit. And not only in this case/ but also whereas any mention is made of the said statute of Gloutestre/ writs of entry shall be made to the heir of the demandant against the heir of the tenant/ & against them to Whom such land is aliened. ¶ The xxii UUheras two or more do hold would/ turfelande/ or fysheponde in commune wherein none knoweth his several/ and some of them do waste against the minds of the other/ they shall have action by a writ of waste. And when it is passed unto the judgement/ the defendant shall choose either to take his part in a▪ place certain by assygnement of the sheriff/ and by the view and oath of his neighbours sworn and tried for the same intent/ or else he shallbe content to take nothing fromthensforth/ but as his fellows will/ & if he do choose to take his part in a place certain/ the place wasted shallbe assigned for his part after as it was before the waste made. And there is such a writ in this case/ that is to say. Cum A. et B. teneant boscum pro indiviso B. fecit vastum. etc. ¶ The xxiii Chapitre. Executors from henceforth shall have a writ of account/ and like action and process in the same writ as their testator had and should have if he had lived. ¶ The xxiiii Chapter. IN cases whereas a writ is granted out of the chancery for the deed of any man the plaintiffs fromhenceforth shall not pass from the kings court without remedy/ because the land is aliened from one to another. And in the register of the chancery there is no special writ found in this case/ as of a house/ a wall/ a mercatt/ a writ is granted against him that levied it to the nusaunce. And if the house/ wall or such like be aliened to another/ the writ shall not be denied/ but from henceforth where in one case a writ is granted in like case when like remedy faileth/ as is before the writ shallbe made. Questus est nobis A. quod B. injust. etc. le●auit domum/ murum/ mercatum/ et alia que sunt ad nocumentum liberi tenementi sui. And if the things levied be aliened from one to another/ the writ shallbe thus. Questus est nobis A. quod B. et C. levauerunt. etc. In like manner is a person of a church may recover common of pasture by a writ of novel dysseson/ likewise from henceforth his successor shall have a Quod permittat against the dyssesour of his heir though a like writ were never granted out of the chancery before. In like manner as a writ is granted to try whither land be the free alms of such a church/ or else lay fee/ from henceforth a like writ shallbe given to try whither it be the free alms of this church or of another church/ if it be aliened to the possession of another church. And from henceforth as often as it shall fortune in the chancery that in one case a writ is found and in like case falling under like law & neding of like remedy is found none: the clerks of the chancery shall agree in making the writ/ or the plaintyfes may add journey it until the next parliament/ and let the cases be written in which they can not agree/ & let them refer themselves until the nert parliament/ then by consent of men learned in the law a writ shallbe made/ lest it might happen afterward that the kings court might fail to minister justice unto the suitors. ¶ The xxv Chapitre. FOr asmuch as there is no writ in the chancery whereby plaintiffs can have so speedy remedy/ as by a writ of novel dysseson/ our sovereign lord the king to the intent that tustyce may be more speedily ministered and that delays in pleas should be abrydged granteth a writ of novel disseisin shall hold place in more cases than it hath used heretofore/ and granteth that for estoners of wood profit to be taken in woods of gathering nutties/ acornies/ and other fruits/ for a corrodye for deliver of corn and other victuals and necessaries to be received yearly in a place certain/ tolle/ tronage/ passage/ pontage/ pannage/ and such like to be taken in places certain/ keeping of woods/ parks/ forests/ chacies/ warrens/ yates and other baylewyke/ and offices in fee/ from henceforth an assize of novel disseisin shall lie/ and in all the cases afore rehearsed the writ shallbe (de libero tenemento) and as before times it hath lain and holden place commune of pasture/ so shall it fromhenceforth hold place for common of turfeland/ fishing/ and such like commons which any man hath appendent to his frehold/ or without freehold by special deed at the lest for term of life. In case also when any holding for term of years/ or in ward ●lyeneth the same in fee & by such aliena●yō the frehold is devested in the feoffee/ ye●●mdye shallbe by a writ of novel dysseson/ & aswell the feoffor as the feoffee shall be had for dissesors so that during the life of ●ny of them the said writ shall hold place. And if remedy happen to fail by that writ/ remedy shallbe obtained by a writ of entry. And all be it that above mention is made of some cases wherein a wryt of novel disseisin held no place before/ let no man think because of that/ but that this writ doth not now in such cases/ as it hath lain before. And though some have doubted whither a remedy be given in this writ in case where one commoneth in the several of another/ let it be had for certain that a good and a sure remedy is given by the said writ/ let them that be named dyssesours beware fronhensforthe that they allege not false exceptions whereby the taking of the assize may be deferred saying that another time an assize of the same land passed between the same parties/ or saying & lying that a writ of mo●e high nature hangeth between the same parties for the same land/ and upon these and like matters do vouch re●●s or records to warranty that by the same vouching they may take away the vesture of the land/ and take the rents and profits to the great damage of the plaintiff. And where before no pain was limited against him that falsely had alleged such untrue exceptions but only that after such false surmises the assize should pass/ our sovereign lord the king to whom such false exceptions be odious hath ordained/ that if any being named dyssesour do personally allege the exception at the day to him given/ if he fail of the warranty that he hath vouched he shallbe adjudged for a dyssesor without taking of the assize/ and shall restore the damages before inquered/ or to be inquired after to the double/ and shall nevertheless have a yetes imprisonment for his falsehood. And if the exception be showed forth by a vayllyf/ the taking of the assize shall not be delayed therefore/ nor the judgement upon the restitution of the lands and damages/ yet if the master of such a vayllyf that was absent come afterward before the same justices that took the assize/ and offer to aver by the record & rolls that another time an assize passed between the same parties for the same land/ or that the plaintiff at another time did withdraw his suit in a like writ/ or that a plea hangeth by a writ of more high nature/ a writ of venire facias shallbe made to him upon the same record/ & when he hath the writ and the iutyees do perceive that the record so showed by him before judgement should be so available that the plaintiff by force of the same should be barred of his action/ the justices shall award immediately a Scire facias against him that first recovered that he be at a certain day at the which the defendant shall recover his season and damages/ if that he ought to have paid any by the first judgement with the damages also that he had after the first judgement given which he shall recover to the double as before is said/ and he that first recovered shallbe punished by imprysomen● after the dyscreyon of the justices. In like manner if the defendant against whom the assize passed in his absence show any deeds or dysclaymeth upon making whereof the jury were not examined nor could be examined/ in so much as no mention was made of them in pleading and peradventure might be ignorant of the making of those writings. The justices upon the sight of these writings shall award a Scire facias to the party that recovered that he apere before them at a certain day/ and shall cause the turrours of the same assize to come/ and if they find those writings true by their verdytte/ or by enroling/ he that obtained the assize contrary to his own deed shallbe punished by the pain aforesaid. And the sheriff fromhenceforth shall not take of the dyssesye an o'er/ but of the byss●sour only/ and if there be many dyssesours named in one writ/ he shallbe nevertheless contented with one ore/ nor shall not a●e any o'er but of v. ●. pry●e or the price. ¶ The xxvi Chapitre. IN writs of redysseson from henceforth double damages shallbe awarded/ and the reddyssesours shall not be re●lcuysable from henceforth by the comonwrytte/ and like as in the statute of Merton the same writ was pro●yded for such as were dyssesed after they had recovered by assize of novel dysseson/ of endeavour/ or other juries. Further from henceforth the same writ shall hold place to them that have recovered by defa●te/ surrender or otherwise without recognisance of astyses or juries. ¶ The xxvii Chapter. AFter such time as any had put to an inquest/ his ●●●y●● shallbe allowed him at the next day/ but the other days following the taking of the inquest shall not be 〈…〉 ed by ●●●oy●●/ whither he w 〈…〉 before or no. And after the day gyu●an essoin shall not be allowed at the desire of the parts/ in case where the parties do consent to come without essoin. ¶ The xxviii Chapitre. Where as by the first statute of westminster it was provided that after the tenants have once appeared in the court/ no essoin shallbe allowed them in writs of assizes/ in like manner it shallbe from henceforth against the plaintiffs. ¶ The xxix Chapitre. A writ of 〈◊〉 (to here and determine) from henceforth shall not be granted before any justices o● both benches and ●●s 〈…〉 s ●●●a 〈…〉 s but for the 〈…〉 of the 〈…〉/ where it is necess 〈…〉 sp●dye remedy. And our sovereign lord the king of his special grace hath granted this/ and from henceforth a writ (ad audiendum et terminandum appella) shall not be granted before justices assigned/ but in a special case and for a cause certain when the king commandeth/ but lest the parties appea●●d or indicted be kept long in prison they shall have a writ of Odio et A●●a/ like as it is said in magna carta and other statutes. ¶ The xxx Chapitre. From henceforth two justices sworn shallbe assigned before whom and none other assizes of novel disseisin mort dauncetour/ and attaints shallbe taken/ and accompany with them two or one of the dyseretyste knights of the shire where they come/ and shall take the foresaid assizes & attaints no more than thrice yearly/ that is to say between the quynzyeme of saint johan baptist & the gule of August. And again between the feast of the exaltation of the cross & the utas of saint Myghell. And thirdly between the feast of the epiphany and the feast of the purification/ and in every shire at the taking of assizes before they shall appoint the day of their return/ so that every one of the shire may know of their conting/ and shall aiourne the assizes from term to term/ if the taking of them be declared at any day by vowching to warranty/ by ●ssoyne/ or by default of jurors/ and if they see that for any cause assizes of mortdauncetour being despited by essoin or voucher ought to be adjourned into the bench/ it shall be leeful for them to do it/ and than they shall send the record with the original writ before the justices of the bench. And when the matter is passed to the ●akynge of the assize/ the justices of the bench shall remit the matter to the frysie justices before whom the assize shallbe taken but from henceforth the justices of the bench shall give in such assizes four days at the lest in the year before the said justices assigned for to spare expense and labour. Inquisitions of trespass shallbe aiourned before the justices of both benches/ except the trespass be so heyghnous that it shall require great examinations. inquisitions also of other pleas pleaded in both benches shallbe determined before them wherein small examination is required that when the entry or season of any is denied/ or in case when one article is to be inquired. But inquisitions of many and great articles that require great examination shallbe taken before justices of the bench/ except that both parties desire that the inquisition be taken afore some of the justices/ when they happen to come into those parties/ that fromhenceforth it shall not be done but by two justices or one/ upon whom the parties can agree. And such inquisitions shall not be determined before any justices of the bench except a day and a place certain be appointed in the shire in presence of the parties and the day and place be mentioned in the writ by these words. Precipimus tibi quod venire factas coram iusticiarus nostris apud westmonasterium in octavis sancti Michaelis nisi talis et talis tali die et loco ad partes illas venerint duodecim. etc. And when such inquests be taken they shallbe returned into the bench & there shall judgement be given and enrolled. And if any inquisitions be taken (other wise then after this form) they shallbe of no effect/ except that assizes of deraign presentment and inquisitions of Quare impedyt in their own shire before one justice of the bench and one knight at a day and place certain assigned/ whither the defendant consent or not/ & there the judgement shallbe given immediately All justices of the benches from henceforth shall have in their circuits clerks to inrolle all pleas pleaded before them/ like as they have had in time passed. Also it is ordained that the justices assigned to take assizes shall not compel the iurrors to say precisely if it be disseisin or not/ so that they do show the truth of the deed and desire help of the justices. But if they of their own h●d will say that it is disseisin/ their verdy● shallbe admitted at their own peril. And from henceforth the justices shall not put in assizes or juries any other than were at the first summoned to the same. ¶ The xxxi Chapitre. When any that is impleaded before the justices doth allege an exception praying that the justices will allow it/ which if they will not allow/ if he that alleged the exception do write it praying the justices to put to their seals for a witness. And if one will not another of the company shall. And if the king upon complaint made against the justices cause the record to come before him/ and the same exception be not found in the roll/ & the plaintiff show the exception written under the seal of a justice/ the justice shallbe commanded to be ready at a certain day other to confess or deny his seal. And if his justice can not deny his seal they shall proceed to judgement according to the same exception/ and after as it ought to be admitted or avoided. ¶ The xxxii Chapitre. When religious men or any spiritual persons do implead any & the party impleaded maketh default/ whereby he ought to lose the land/ forasmuch as the justices have thought hitherto that if the party impleded make default by collusion/ that when the demandant by occasion of the statute could not obtain seasyn of the land by title of gift or other alienation/ he shall now by reason of the default. And so fraud is to the statute. It is ordained by our sovereign lord the king in this case/ that after the default made it shallbe inquired by the country whither the demand an'̄t had right or no/ & if it be found that the demand at had right let the judgement pass with him & so recover season/ and if he had no right the land shall go to the ne●●e lord of the fee if he demand it within a year after the inquest taken. And if he do not demand it within the year it shallbe inquired for the nerte lord above if he demand it within half a year after the same year. And so every lord after the ne●t lord immediate shall have the space of half a year for to demand it successively until it come to the king/ for whom at length by default of the lords the land shall be inquired/ & to challenge the iurrors every of the chief lords shallbe admitted. And like wise for the king they that will challenge/ and after the judgement given/ the land shall remain in the kings hands/ until the land be gotten by the demandant or some other chief lord/ & the sheriff shallbe charged to answer therefore at the exchequer. ¶ The xxxiii Chapter. FOr asmuch as many tenants set up crosses or cause to be set up in their hands in prejudice of their lords/ so that the tenants should defend themselves against their lords/ by the privilege of templars and hospytelers. It is ordained that such lands shallbe inquired upon for the king and the chief lords/ in like manner as is provided for lands aliened in mortmain. ¶ The xxxiiii cha. pytre. IT is provided that if any man from henceforth do ravish any woman married/ maid/ or other where she did not consent/ neither before nor after/ he shall have judgement of life and member. And like wise where a man ravisheth a woman married/ lady/ damosel/ or other with force/ although she consent afterward/ he shall have such judgement as before is said/ if he be attaint at the kings suit/ for the king shall have the suit/ and for women carried awry with the goods of their husbands the king shall have the suit for the goods taken away/ and if the wife wilfully forsake her husband and go away and continue with her advouter/ she shall be barred for ever of action to demand her dower that she ought to have of her husbands lands/ if it be proved against her/ except that her husband willingly and without cohertion of the church reconcile her and suffer her to dwell with him/ in which case she shallbe restored to her action/ he that carrieth away a non●e from her house although she consent/ he shallbe punished by three years imprisonment/ and shall make convenient satisfaction to the house/ from whence she was taken/ and nevertheless shallbe ransomed at the kings will. ¶ The xxxv Chapitre. Concerning children malices or females (whose marriage belongeth to another) taken and carried away/ if the taker have no right in the marriage though afterward he restore the child unmarried or else pay the marriage/ he shall nevertheless be punished by two years imprisonment/ and if he do not restore/ or do mary the child after the years of consent/ and be not able to satisfy for the marriage/ he shall abjure the realm/ or have perpetual imprisonment & thereupon the plaintiff shall have such a writ. St A. fecerit ●esecurum de clamore suo. etc. tunc pone per vadium. etc. B. quod sit coram iusticiariis nostris. etc. ostensur. quare talem heiedem infra eta tem existe● cuius maritagium ad ipsum pertinent tall loco invenit rapui● et abduxit contra voluntatem ipsius A. et contra pacem nostram▪ etc. And if the heir be in the same country/ then this clause must be added. Et diligenter inquiras ubi ille heres sit in balliva tua Et ipsum ubicunque invenius fuerit capias/ et saluo et secure custodias/ ita quod cum habeas coram pre●atis iusticiatus nostris ad prefa●um terminum ad reddendum cui predictorum A. et B. reddi debeat. And suit shallbe made against the party defendant/ until he come in by dys/ tress/ if he have whereof he may be distrained And if he will not be justified/ he shallbe outlawed for his contumacy. And if the heir ●e married or carried in another county/ then a writ shall be directed ●o th' sheryt of the same shire in this form, Questus est nobis A. quod B. nuper talem heredem infra et atem et in custodia sua existent tali loco in comitatu tali rapuit/ et de comitatu illo ad talem locum in comitatu tuo abduxit contra voluntatem ipsius A. et contra pacem. etc. Et ideo tibi precipimus quod predictum heredem ubicunque cum in balliva tua invenire poteris/ capias et saluo et secure eum custodias/ ita quod cum habeas coram iusticiarus nostris. etc. tali die/ qu●m idem A. habet versus predictum B. ad reddendum cui de iure reddi debeat. And if the heir happen to die before he be restored or afore he can be found/ the plea shall pass between them/ nevertheless until it be tried who ought to have had it/ if it had been living. And the ravyshour shall neither be eased nor excused of the punishment aforesaid/ by the death of the heir whom he did withhold by wrong during his life. And if the plaintiff die before the plea tried if the right belong to him by reason of his proper fee/ the plea shallbe resomoned at the suit of the heir of the plaintiff/ and the plea shall pass in due order/ but if the right belonged to him by another title/ as by a title of gift/ sale/ or other like/ then the plea shall be resomoned at the suit of the executors of the plaintiff/ and the plea shall pass/ as before is said. In like manner if the defendant die before the plea be tried/ or the heir be restored/ the plea shall pass by resomons between the plaintiff his heirs or executors/ and the executors of the defendant or his heir/ if the executors be not sufficient to satisfy for the value of the marriage after as it is contained in other statutes/ but not as to the pain of imprisonment for none ought to be punished for the offence of another. In like manner when a plea hangeth between parties for the ward of land or of an heir by the common writ that beginneth. Precipetall. etc. quod reddat. etc. resomons shallbe made between the heirs and executors of the plaintiff▪ and likewise the heirs or executors of the defendant/ if death prevent any of the parties afore the plea be determined/ and when they have passed unto the great distress/ a day shallbe given within which iii shire courts may be holden at the lest in every of which open proclamation shallbe made that the deforceour shall come into the bench at a day contained in the writ to answer the plaintiff/ at which day if he come not and the proclamation be so testified ones/ twice/ or thrice/ the judgement shall pass for the plaintiff saving the right of the defendant if afterward he will claim it. In like manner it shall be done in a writ of trespass when any complaineth himself to be put from such wardshypes. ¶ The xxxvi cha. FOr asmuch as lords of courts and other that keep courts and stewards intending to grieve their tenants where they have no lawful mean so to do/ procure other to move matters against them and to put in surety & other pledges/ or to purchase writs/ and at the suit of such plaintiffs compel them to sue at shyrecourtes/ hundreds/ wapentakes/ & other like until they have feigned with them at their will. It is ordained that it shall not be so used hereafter. And if any be attached upon such false complaints he shall replevye his distress so taken/ and shall cause the matter to be brought afore justices before whom if the sheriff/ bailiff/ or other lord (after that the party distrained had so form his plaint) will anowe the distress lawfully taken by reason of such complaints made unto them/ & it be replied that such plaints were moved maliciously against the party by the means or procuring of the sheriff/ bailiff/ or lord the replication shallbe admitted/ and if they be connycte hereupon they shallbe ransomed unto the king/ and shall nevertheless restore triple damages to the parties grieved. ¶ The xxxvii Chapitre. FOr asmuch also as bailiffs to whose office it belongeth to take distresses/ intending to grieve their tenants/ and to exact money of them do send straungyers to take distresses to the intent that thy would grieve the tenants in so much as the parties so distrained not knowing such persons will not suffer the distresses to be taken. It is provided that no distress shall be taken but by bailiffs sworn and known And if they take distresses otherwise & thereupon be convict if the parties grieved will purchase their writs of trespass they shallbe restored unto their damages and grievously punished towards the king. ¶ The xxxviii chapiter. FOr as much also as sheriffs/ hundredars/ and bailiffs of liberties have used to grieve their tenants putting in assizes and juries men lyeke & decrepit and men having continual or sudden dyscase/ & men also that dwelled not in the country at the time of the summons/ and summon also a great multitude of iurrors for to poll money from some of them/ because they would be in peace/ and so the assizes and juries pass many times by poor men/ and the rich men abide at home by reason of their bribes. It is ordained that from henceforth in one assize no more shallbe summoned then xxiiii And old men above lxx years being continually sick/ or being sick at the time of the summons/ or not dwelling in the country shall not be put in juries or petty assizes/ nor also shallbe put in assizes and juries/ though some aught to be taken in their own shire/ that may dispend ●esse than twenty ●. yearly. And if such assizes and juries be taken out of the shire▪ none shall pass in them but that may dyspend xl ●. yearly at the least▪ except such as be witnesses in deeds or other writings/ whose presence is necessary/ so they be able to travail. And this statute shall not extend to great assizes in which it behoveth many times knyghies to pass (not resydent in the country) for the scarcity of knights/ so that they have land in the shires And if the sheriff or his underbayllyfes/ or bailiffs of liberties/ offend in any point of this statute and thereupon be convyete/ damages shallbe awarded to the parties grieved/ and shall nevertheless be amerced to the king. And justices assigned to take assizes/ when they come into the shine shall have power to here all playn●es as to the articles contained in this statute/ and to minister justice in form aforesaid. ¶ The xxxix Chapitre. FOr asmuch as justices to whose office it belongeth to minister justice to all that sue before them/ be many times disturbed in due execution of their office/ for that sheriffs do not return writs original and judicial and for that they make false returns unto the kings writs. Our sovereign lord the king hath provided and ordained that such as do fear the falsehood of sheriffs shall deliver their writs original and indicyall in the open county/ or again in the shire where as the gathering of the kings money is/ and may take of the sheriff or undersheriff being present a bill wherein the names of the demaundantes and tenants mentioned in the writ/ shall be contained/ & the request of him that delivered the writ/ the seal of the sheriff or undersheriff shallbe put to the bill for a testimony/ and mention shall be made of the day of the deliverance of the writ/ and if the sheriff or undersheriff will not put his seal to the bill the witness of knights and other credible persons being in presence shallbe taken that have put their seals to such bill/ and if the sheriff will not return writs delivered unto him/ and a complaint thereof be made unto the justices/ a writ of judgement shall go unto the justices assigned to take assizes/ that they inquere by such as were present at the deliverance of the writ to the sheriff/ if they knew of the deliverance/ and the inquest shallbe returned/ and if it be found by the inquest that the writ was delivered to him/ damages shallbe awarded to the plaintiff or demandant having respect to the qualy●e and quantity of the action/ and to the harm that might have come to him by reason of the delay that he sustained/ and by this mean there is remedy when the sheriff returneth that the writ came to late/ whereby he could not execute the kings commandment. Oftentimes also pleas be delayed when the sheriff returneth that he hath commanded the bailiffs of some liberty/ that did nothing therein doth name liberties that never had the return of writs/ whereupon out sovereign lord the king hath ordained/ that the treasurer and barons of the exchequer shall deliver in a roll all the liberties of every shire that have return of writs/ and if the sheriff answer that he hath made return to a bailiff of another liberty then is contained in the said roll/ the sheriff shallbe forthwith punished as a dysherytour of the king and his crown/ and if peradventure he return that he hath delivered the writ to a bailiff of some liberty that in deed hath return the sheriff shallbe commanded that he shall not spare for no liberty but to execute the kings precept & that he do the bailiffs to wite to whom he returned the writ that they be ready at a day contained in the writ to answer why they did not execute the kings precept. And if they come at the day and acquit themselves that no return was made to them the sheriff shallbe forth with condeyned to the lord of the same liberty/ and likewise to the party grieved by the delay for to render damages And if the bailiffs come not in at the day▪ or do not acquit themselves in manner aforesaid in every judicial writ/ so long as the plea hangeth the sheriff shallbe commandeth to spare for no liberty. etc. Many times also sheryses make false return upon the point of issues. etc. returning sometime & lying that there be no issues/ sometime that there are small issues when they may return great/ and sometime do make mention of no issues▪ wherefore it is ordained and agreed▪ that if the plaintiff d●maūd● hearing of the sheriffs return ●● shalb 〈…〉 him. And if he offce to au●●●●●hat the sheriff might have returned g●●●●er issues unto the king/ he shall ●●●● a wr●tte iudicyall unto the justices assigned to take assizes that they shall inquire in presence of the sheriff (if they willbe there) of what & how great issues the sheriff might have made return from the day of the writ purchased unto the day contained in the writ. And when the inquest is returned/ if he have not afore answered for the hole he shallbe charged with the over plus by the extremes of the justices delivered in the exchequer/ and nevertheless shallbe grievously amerced for the concealment. And let the sheriff know that rents corn in the grange and all movables (except horse/ ha●neys/ and household stuff) be contained within the name of (issues) And the king hath commanded that sheriffs shallbe punished by the justices once or twice if need be for such false returns. And if they offend the. i●. time none shall have to do therewith but the king/ they make also many tymꝭ false answers returning that they could not execute the kings precept for fear of some great man/ wherefore let the sheriffs beware from henceforth/ for such manner of answers sound much to the shame of the king & of his crown. And as soon as his underbayllyfes do testify that they found such resistance/ forthwith all things set a part taking with him the power of the shire he shall go in proper person to do execution/ and if he do find his underbayllyfes false he shall punish them by imprisonment/ so that other by their example might be reform/ and if he do find them true he shall punish the resisters by imprisonment/ from whence they shall not be delivered without the kings special commandment/ and if the sheriff when he cometh do find resistance he shall certify to the court the names of the resisters/ aiders/ consenters/ commanders/ and favours/ and by a writ indi●yall they shallbe attached by the bodies to apiere in the kings court/ and if they be conuy●te upon such resistance/ they shallbe punished at the kings pleasure/ nor any office of the kings shall meddle in assigning the punishment/ for the king hath reserved it specially for himself/ because that resisters are had as dystourbours of his peace and realm. ¶ The xl Chapter. Where any with alyene the right of his wife/ it is agreed that from henceforth the suit of the wife or her heir after the death of her husband shall not be delayed by the nonage of the heir that ought to warrantize/ lut let the purchaser tarry (which ought not to have been ignorant that he bought the right of another) until the age of his warrauntour to have his warranty. ¶ The xli Chapitre. OUr sovereign lord the king hath ordained that if abbots/ priors/ keepers of hospitals/ and other religious houses founded by him/ or by his progenitors/ do from henceforth alien lands given to their houses by him or by his progenitors/ the land shallbe taken into the kings hands/ and holden at his will/ and the purchaser shall lose his recovery aswell of the lands as of the money that he paid. And if the house were founded by an earl/ baron/ or of a meaner person/ for the lands so alyened he from whom/ or from whose ancestor the land so aliened was given shall have such a writ to recover the lands in demean. Praecipe tali abbati quod just. etc. reddat B. tale tenementum quod eidem domui collatum fuit in liberam elemosinam per predictum B. vel antecessores suos/ et quod ad predictum B. reverti debet per alienacionem/ quam predictus abbas fecit de predicto tenemento contra formam collaciovis predicte/ ut dicit. In like manner for lands given to maintain a chaunterye/ or a light in a church/ or chapel/ or other alms to be maintained/ if the land so given be aliened/ & if the land so given for a chauntery/ light/ sustenance of poor people/ or other alms to be maintained or done be not aliened/ but such alms is withdrawn by the space of two years/ an action shall lie for the donor of his heir to demand the land so given in d●m●an/ as it is ordained in the statute of Gloucestre for lands lessed to do or to yield the four par●e of the value of the land or more. ¶ The xlii Chapitre. Concerning the kings marshals of fee/ chaumberlaynes/ porters in the circuit of justices and sergeants bearing the v●erge before justices at westminster that have the same office by fee and that are more by reason of their fee then they have used to are/ wherefore many do complain on them/ that have known and seen the order of the court of long time/ our sovereign lord the king hath caused it to be inquired what the said officers of fee have used to have in times passed by an inquest and hath ordained & commandeth that the marshal of fee which of due aryth a palfroy of earls/ barons/ and other holding by a part of a barony when they have made homage/ and another palfroye also when they are made knights/ & of some that ought not to give any they are a palfroye/ hath ordained that the said marshal of every earl & baron holding by an entire barony shallbe contented with one palfroy or with the price of it such as he hath useth to have of old/ so that if he took a palfroye or the price of one at the doing of his homage in form aforesaid he shall take nothing when he is made knight/ & if he took nothing at the doing of his homage/ when he is made knight/ he shall take. Of abbots & priors/ holding an hole barony when they do homage or fealty for their baronies he shall take one palfroye or the price as afore is said/ & this shall also be observed against archbishops & bishops of such as hold but a part of a barony whither they be religious or secular/ he shall take according to the portion of the barony that they hold/ of religious men that hold i free alms and not by a barony nor part of a baronnye the marshal from henceforth shall demand nothing. And our sovereign lord the king hath granted that by this statute the marshal of fee shall not be barred hereafter to demand more if he can show that he hath right unto more. The kings chamberlains from henceforth shall have of archebyshops' bishops/ abbots/ priors/ and other persons spiritual/ of earls and barons holding an entire baronnye/ a reasonable fine when they do their homage or fealty/ and if they hold by a part of a baronnye they shall take a reasonable fine according to the portion that falleth other abbots/ priors/ persons spiritual and temporal that hold no entire barronnye nor part of a barronnye/ shall not be distrained to make fine as they that hold by a barronnye/ or part of a baronnye shall/ but the chamberlain shallbe contented with his upper garment or with the price thereof which is done in favour of persons religious more than of lay persons/ for it is more convenient/ that religious men should rather fine for their upper garment than to be stripped. ¶ The xliii Chapitre. IT is prohybytte from henceforth to hospytelers and templars that from henceforth they shall implead no man before the keepers of their privileges for any matter the knowledge whereof belongeth to the kings court/ and if they do first they shall yield damages to the party grieved and shallbe grievously punished unto the king. The king also commandeth to keepers of such privileges that from henceforth at the instance of hospytelers/ templars/ or other persons privileged they grant no citations afore it be expressed upon what matter the citation ought to be made. And if the keepers do see that a citation is required upon any matter the knowledge whereof belongeth to the kings court/ the keepers shall neither make no knowledge the citation/ and if the keepers do otherwise they shall yield damages to the party grieved/ and nevertheless shallbe grievously punished by the king. And forasmuch as such persons privileged depute religious men as their keepers/ subpryours/ presentours/ se●tens/ that have nothing to satisfy the parties grieved nor the king and be more bold to offend the kings dignity then their superiors which can not be punished by their temporals. Let prelate's therefore be ware from henceforth that they do not suffer their obedientes to presume any jurisdiction in prejudice of the king and his crown/ and if they do their superiors shallbe charged there with as much as if they had been convyet upon their proper act. ¶ The xliiii Chapitre. Concerning porters bearing the v●erge before justices of the bench in the circuy●e/ it is provided that of every assize and jury that they keep they shall take ten d. only and for the bills of such as recover their demands against many by default/ confession or otherwise by judgement they shall take nothing. Of such as go without day by default of the demandant or plaintiff nothing. And if any recover his demand against many by one writ & by recognisance of the assize or jury/ they shall take four d. And likewise if many named in one writ do recover their demand by recognisance of the assize or jury/ they shall take four d. Of such as do homage in the bench they shall take the upper cloth. Of great assizes/ attayntꝭ/ juries and battle waged xii d. Of such as be vouched before justices to sue or to defend their plea/ they shall take no thing for their coming in or forth. At the pleas of the crown for every dozen xii d. shall be taken/ for every jail deliver four d. shallbe taken of every one whose peace is ꝑ claimed xii. d. only shallbe taken. Of the finders of men slain/ and other of a town attached four d. Ofty thing men nothing shallbe taken/ of engrossers for making a chyrografe it is ordained that they shallbe contented with four s. Of clerks writing writs original & judicial/ it is ordained that for one writ they shall take but i d. And the king chargeth all his justices upon their faith & oath that they own him that if such officers offend in any article against this statute & complaint come to them thereof they shall execute on them reasonable punishment. And if they offend the second time they shall award greater punishment that they may be duly corrected/ & if they offend the iii time & be thereupon convicted if they be officers of fee/ they shall lose their fee/ & if they be other they shall avoid the kings court/ & shall not be received again without the kings special license. ¶ The xlv Chapitre BEcause that of such things as be recovered before the chancellor and justices of the king/ that have record and be enrolled in their rolls/ process of a plea ought not to be made by summons/ attachementes/ essoin/ vyewe of land/ and other solempnytes of the court as hath been used to be done in bargains and covenants made out of the court/ from henceforth it is to be observed that such as are found enrolled before them that have record/ or contained in fines/ whither they be contracts/ covenants/ obligations/ services/ or customs knowledged or enrolled wherein the kings court without offence of the law and custom may execute their authority/ fromhenceforth they shall have such power that hereafter it shall not need to plead for them/ but when the plaintiff cometh to the kings court if the recognisance or fine levied be fresh that is to say within the year/ he shall forthwith have a wryt of the recognisance made. And if the recognisance were made/ or the fine levied of a further time passed/ the sheriff shallbe commanded that he do to wite unto the party of whom it is complained that he be afore the justices at a certain day to show if he have any thing to show why such matters in▪ rolled or contained in the fine ought not to have execution. And if he do not appear or peradventure if he come and can nothing say why execution ought not to be done/ the sheriff shallbe commanded to execute the thing enrolled or contained in the fine. In like manner an ordinary shallbe commanded in his case observed/ nevertheless as before is said of a mean which by recognisance or judgement is bound to acquit. ¶ The xlvi Chapter. UUheras in a statute made at Merton it was granted that lords of Merton four Chap. waste woods and pastures might approwe the said waste woods and pastures notwithstanding the gain saying of the tenants/ so that the tenants have sufficient pasture to their hold with free entry and re-enter to the same. And for as much as no mention was made between neighbour and neighbour many lords of waste woods and pastures have been troubled heretofore by the contradiction of neighbours having sufficient pasture. And for because foreign tenants having no more right to commune in the waste woods or pastures of any lord/ then the lords own tenants. It is ordained that the statute of Merton provided between the lord and his tenants/ from henceforth shall hold place between lords of waste woods/ and pastures/ and neighbours/ saving sufficient pasture to his servants and neighbours/ so that the lords of such waste woods/ and pastures/ may make approwement of the residue/ and this shallbe observed for such as claim pasture as apportenant to their land. But if any do claim commune of pasture by special feoffment or grant for a certain number of beasts/ or otherwise that is due by the comen law/ where as covenant barreth the law/ he shall have such recover as aught to be had by form of the grant made unto him by occasion of a mill/ windmill/ berkarye/ deyerye/ enlarging of a court or curtylage/ from henceforth no man shallbe grieved by assize of novel disseisin for commune of pasture. And where sometime it chanceth that one having right to approwe doth levy a dyke or an hedge and sometime by night or at another season that they suppose not to be espied do overthrow the hedge or dyke/ and it can not be known by verdytte of the assize or jury who did overthrow the hedge or dyke. And men of the towns near will not endite such as be guilt thereof/ the towns near and adjoining shallbe distrained to levy the hedge or dyke at their own custe and to yield damages. And where one having no right to commune usurpyth common what time the heir is within age/ or what time a woman is covert or the pasture be in the hands of tenants in dower/ by the courtesy/ or otherwise for term of life/ or years/ or in fee tail/ and the pasture be long used/ many hold opinion that such pastures ought to be called appurtenant unto frehold/ and that the owner ought to have action by a writhe of novel dysseson/ if he be deforced of such pasture/ but from henceforth this order shallbe kept that such as have entered within the time that an assize of mortdauncetour lieth/ if they had no common before a wryt of novel disseson shall not lie for them/ if they be deforced. ¶ The xlvii Chap. IT is provided that the waters of Humbre/ Owse/ Trent/ Done/ Arte/ Derewent/ Wherf/ Nydryore/ Swale/ Tese/ Tyn/ Eden/ and all other waters wherein salmons be taken shallbe defended for taking salmons from the nativity of our lady unto saint Martynes day. And likewise that young salmons shall not be taken nor destroyed by nets/ nor by other engines at myllpolies from the mids of Aprell unto the nativity of saint johan baptist and in places where as fresh waters be/ there shallbe assigned overscars of this statute/ which being sworn shall oftentimes see and inquire of the offenders/ & for the first trespass they shall be punished by burning of their nets. And for the second/ they shall have imprisonment for a quarter of a year. And for the third trespass they shallbe imprisoned an hole year/ and as the trespass increasyth so shall the punishment. ¶ The xlviii Chapitre. FOr vyewe of land it is ordained and provided that from henceforth vyewe shall not be granted but in case where the vyewe is necessary/ as if one lose land by default/ and the lesar moveth a writ to demand the same land/ and in case where one by an exception dylatorye abateth a writ/ after the vyewe/ as by nontenure or the misnaming of the town or such like/ if he purchase another writ in that case from henceforth the vyewe shall not be granted/ if he had vyewe in the first writs. In a wryt of dower where the demand is of land that the husband aliened to the tenant or his ancestor/ where the tenant ought to take knowledge what land the husband did alien to him or his ancestor/ though the husband died not seized/ yet from henceforth vyewe shall not be granted. In a writ of entry also where the demandant miss▪ named the entry/ if he purchase another writ of another enter if the tenant in the first writ had vyewe/ he shall not have it in the second. In writs also where lands be demanded by reason of a less made by the demandant or his ancestor/ unto the tenant and not his ancestor/ as that he lessed to him being within age/ not hole of mind/ being in prison/ and such like/ vyewe shall not be granted hereafter/ but if the demise were made to his ancestor the vyewe shall lie as it hath done before. THe chancellor/ treasurer/ justices/ nor none of the kings counsel/ no The. xlix ●apitre. clerk of the chancery/ nor of the exchequer/ nor of any justice/ or other office/ nor none of the kings house/ pressed/ nor lay man shall take any church/ nor advowson of a church land nor tenement/ by gift/ sale/ nor to firm/ ne for partaking/ nor otherwise so long as any thing is in plea before us or before any of our officers/ nor shall take no reward thereof/ & he that doth contrary to this act/ other himself/ or by another/ though he make no strife/ shall be punished at the kings pleasure/ aswell he that purchaseth as he that with. All the said statutes shall take effect at the feast of saint Myghel next coming so that by occasion of any offences done on this side the said feast contrary to any of these statutes/ no punishment mentioned within these statutes shallbe executed upon the offenders. Moreover concerning the statutes provided where the law failed & for remedies/ lest suitors coming to the kings court should departed from thence without remedy/ they shall have writs provided in their cases/ but they shall not be pleaded until the feast of saint Myghell aforesaid. ¶ Here beginneth the statute of west third/ made the xviii year of Ed. the i FOr asmuch as purchasers of lands and tenements of the fees of great men and other lords/ have many times in times passed entered into their fees to the prejudice of the lords/ where upon the freeholders of such great men have sold their lands to such purchasers in fee to be holden of the feffours & not of the chief lords of the see/ whereby the chief lords have many times lost their escheats/ marriages/ wardshyps' of lands and tenements being of their fees/ which thing seemeth very hard & extreme unto such lords/ and moreover in this case manifest disherytaunce. Our sovereign lord the king in his parliament at westminster after Easter the xviii year of his reign that is to wite in the quynzyeme of S. Johan Bap. at the instance of the great men of the realm hath provided and ordained/ that from henceforth it shallbe leeful to every free man to sell at his own pleasure his lands & tenements or part of them/ so that the feoffee do hold the same land or tenement of the chief lord of the fee by such seevyces and customs as his feoffor held before. ¶ The ii Chap. ANd if he sell any part of such lands or tenements to any/ the feoffee shall immediately hold it of the chief lord and shallbe forthwith charged with the services/ as much as pertaineth/ or aught to pertain to the said chief lord for the same parcel according to the quantity of the land or tenement so sold/ And so in this case the lord shall take the same part of the service by the hands of the feoffee/ whereby he ought to be attendant and answerable to the same chief lord according to the quantity of the land or tenement sold for the parcel of the service so due. ¶ The iii Chapter. ANd it is to be understanden that by the said sales or purchases of lands or tenements or parcels of them/ lands nor tenements shall in no wise come into mortmnayne neither by policy/ ne craft contrary to the form of the statute made thereupon of late. And it is to w●te that this statute extendeth but only to lands hold in fee simple. And that it extendeth only to the time coming/ and it shall begin to take effect at the feast of saint Andrew apostle next coming/ given the xviii year of the reign of king Edward/ son of king Henry. ¶ Here endeth the statute of westminster third. ¶ Here beginneth the statute of wynchestre made the xiii year of Edward the first. FOr as much as from day to day robberies/ murders/ burning and theft be more often used than they have been heretofore/ and felons can not be attainted by the oath of jurors which had rather suffer straungyers to be rob/ & so to pass without pain then to endite the offenders/ of whom great part be folk of the same country/ or at the lest if the offenders be of another country/ the receivers be of places near. And they do the same because the oath is not put unto jurors of the same country where such felonies were done/ and to the restitution of damages hitherto no pain hath been limited for their concelement and latches. Our sovereign lord the king for to abate the power of felons hath established a pain in this case/ so that from henceforth for fear of the pain more than for fear of any oath they shall not spare any/ nor conceal no felonies. And from henceforth cries shall be made in all counties/ hundreds/ markets/ fairs/ & all other places where great resort of people is/ so that none shall excuse himself by ignorance/ that from henceforth every country be so well kept that immediately upon such robberies and felonies committed fresh suit be made from town to town/ and from country to country. ¶ The i Chapitre. Likewise when need requireth inquests shallbe made in towns by him that is lord of the town/ and after in the hundred/ and after in the franchise and in the shire/ and sometime in two/ three/ or four shires in case where felonies be committed in the marches of shires/ so that the trespassers may be attainted. And if the country will not answer for the bodies of such trespassers the pain shallbe such/ that is to wite/ that the people dwelling in th● country shallbe answerable for the robberies done and also the damages/ so that the hole hundred where the robborye happenyth to be done/ or the franchises being within the precynet of the same hundred shallbe answerable for the robberies done. And if the robborye chance to be done in the division of two hundreds/ in such case both hundreds and also the franchises which be within the precync●es of them shall be answerable. And after that the felony or robborye is done the country shall have no longer space then half a year within which half year it shall behove them to agree for the robborye or trespass/ or else that they will answer for the bodies of the offenders. ¶ The ii Chapitre. ANd for as much as the king wylnot that his people should be suddenly impoverished by reason of this penalty that seemeth very hard to many/ the king granteth that they shall not incur it immediately/ but it shallbe despited until the Easter next following/ within which time the king may see how the country will order themselves/ and whither such felonies and robberies do cease. After which term let them all be assured that the foresaid penalty shall run generally/ that is to wite that the people of the country shallbe answerable for felonies and robberies done among them. ¶ The iii Chapter. ANd for the more surety of the country the king hath commanded that in great towns being walled the gates shallbe closed from the son resting until the son rising/ & that no man do lodge in the suburbs nor in any place out of the town from ix of the clock until day/ without his host will answer for him/ & the bayllytes of towns every week or at the least every xu day shall make inquerye of all persons being lodged in the suburbs or places out of the towns. And if they do find any that have lodged or received any straungyers or suspicious persons contrary to this/ they shall do right therein. And the king commandeth that from henceforth all towns be kept as it hath been used in times passed/ that is to wite from the feast of ascension unto michaelmas in every city vi men shall keep at every gate/ in every borugh xii men/ in every town vi or four according to the numbered of the inhabitants of the town/ and shall watch the town all night from the son resting unto the son rising. And if any straungyers do pass by them he shallbe arrested unto morning. And if no suspicion be found they shall go quite/ & if they find cause of suspection/ they shall forth with deliver him to the sheriff/ and the sheriff may receive him without damage and shall keep him safely until he be acquitted in due manner/ and if they will not obey the arrest they shall levy hue and cry upon them/ and such as keep the town shall follow with hue and cry with all the town and the towns near/ and so front town to town/ until that they be taken and delivered to the sheriff/ as before is said and for the arrestementes of such straungyers none shallbe punished. ¶ The four Chapitre. ANd further it is commanded that high ways leading from one merchant town to another shallbe fromhenceforth enlarged where as bushes/ woods/ or dikes be/ so that there be neither dyke/ tree/ nor bush/ whereby any trespasser may escape within. CC. foot of each side the way/ so that this statute shall not extend unto ashes nor unto great trees/ for that it shallbe understanden clearly out of this. And if by the default of the lord that will not avoid the dyke/ underwood/ or bushes in the manner aforesaid and robberies be done therein/ the lord shallbe answerable for the felony. And if murder be done/ the lord shallbe ransomed at the kings pleasure. And if the lord be not able to sell the underwoodes/ the country shall aid him therein. And the king willeth that in his demean lands & woods within his forest and without the ways shallbe enlarged (as before is said) And if percase a park be taken from the high way/ it is requisite that the lord shall set his park the space of. CC. foot from the high way as before is said/ or that he make such a wall/ dyke/ or wood that the evil doers may not pass ne return for to do evil. And further it is commanded that every man have in his house harness for to keep the peace after the auncyen assize/ that is for to say every man betwixt xu years of age and. xl. years shallbe assessed and sworn to armour according to the quantity of their lands and goods/ that is to wite/ from xu li. lands and goods xl marks/ that is to wite an hauberk/ a breast plate of iron/ answered a knife/ and an horse. And from ten li. of lands/ and twenty marks goods/ a hawberke/ a breast plate of iron/ a sword/ and a knife/ and from .v. li. lands/ a doublet/ a breastplate of iron/ answered/ & a knife. And from xl s. land & more unto. C. s. of land a sword/ a bow and arrows/ and a knife. And he that hath less than xl. s. yearly shallbe sworn to keep gysar▪ mes/ knives/ and other less weapons. And he that hath less than twenty marks in goods shall have swords/ knives/ & other less weapons/ and all other that may shall have bows and arrows out of the forest and in the forest bows and arrows. And that vyewe of armour be made every year two times. And in all hundreds & franchises two constables shallbe chosen to make the vyewe of armour & the constables aforesaid shall present before iusticꝭ assigned such defaults as they do see in the country about armour/ and of the suits of towns and of high ways/ and also shall present all such as do lodge straungyers in uplandish towns/ for whom they will not answer. And the justices shall present also at every parliament unto the king such defaults as they have found/ and the king shall provide remedy therein. And from henceforth let sheriffs take good heed & bailiffs within their franchises & without/ be they higher or lower that have any baylewyke or forestrye in fee or otherwise that they shall follow the cry with the country/ and after as they are bounden to keep horses & armour so to do/ and if there be any that do not/ the defaults shallbe presented to the justices assigned and after by them to the king/ as before is said/ and the king shall provide remedy/ and the king commandeth and forbiddeth that from henceforth neither fairs nor markets be kept in churchyards/ for the honour of the church/ given at wynchestre the viii day of Octobre the xiii year of king Edward's reign. ¶ Here beginneth the statute of merchants made the xiii year of king Edward the first. FOr as much as merchants which heretofore have lente their goods to divers persons be now fallen in poverty/ because there is no speedy remedy provided/ whereby they may shortly recover their debt at the day of payment assessed. And for this mischief many merchants are loath to come into the realm with their merchandise to the great damage of such merchaunees and of all the realm. The king and his counsel at his parliament holden at Acton Burnell after the feast of saint Myghel the xl year of his reign hath ordained these establyshementes thereupon for the remedy of such merchants/ which ordinances and establyshementes the king commandeth that they shallbe firmly kept and observed through out his realm/ whereby merchants may have remedy and less trouble and business to recover their debts than they have had heretofore. But for as much as merchants afterward complained unto the king that sheriffs misinterpreted his statutes/ and sometime by malice and false interpretation delayed the execution of the statute to the great damage of merchants. The king at his parliament holden at westminster after Easter the xiii year of his reign caused the said statute made at Acton Burnell to be rehearsed. And for the declaration of certain articles in the statute aforesaid hath ordained and established/ that a merchant for the assurance of his debt shall cause his debtor to come before the mayor of London or before some chief wardcyn of the city/ or of another good town/ where the king shall appoint/ & before the mayor chief warden/ or other sufficient men chosen & sworn thereto/ when the mayor or chief warden can not attend there to/ and before one of the clerks that the king shall thereto assign when both can not be attendant/ he shall knowledge the debt and the day of payment/ and the recognysaunce shallbe enrolled by one of the clerks hands being known/ & the roll shallbe double/ whereof one shall remain with the mayor or chief warden & the other with the clerks that thereto shallbe first named. And further one of the said clerks with his own hand shall writ an obligation where unto the seal of the debtor shallbe put with the kings seal/ provided for the same intent which seal shallbe of two pieces/ whereof the greater piece shall remain with the mayor or the chief warden/ & the other in the keeping of the foresaid clerks. And if the debtor do not pay the debt at the day limited unto him/ then shall the merchant come before the mayor and clerk with his obligation/ & if it be found by the roll or writing that the debt was knowledged & the day of payment expired the mayor or chief warden shall cause the body of the debtor to be taken/ if he be lay when so ever be happyth to come in their power/ & shall commit him to the prison of the town if there be any/ & shall remain there at his own costs/ until he hath agreed for the det/ & it is commanded that the keeper of the town prison shall reteygne him upon the deliver of the mayor or chief warden/ & if the keeper will not receive him/ he shallbe answerable for the debt if he have whereof/ & if he have not whereof/ he that committed the prison to his keeping shall answer. And if the debtor can not be found by the mayor or chief warden then shall they or any of them return into the chancery under the kings seal the recognisance of the debt/ and the chancellor shall direct a writ unto the sheriff in whose shire the debtor happyth to be for to take his body/ if he be lay and safely to keep him in prison until he hath agreed for the debt. And within a quarter of a year after that he be taken his lands shallbe delivered him so that by the profits he may levy and pay the debt. And it shallbe leeful unto him during the same quarter to sell his lands and tenements for the discharge his debts and his sale shallbe good and effectual. And if he do not agree within the quarter next after the quarter expired all the lands & goods of the debtor shallbe delivered unto the merchant by a reasonable extent/ to hold them until such time as the debt is holly levied. And nevertheless the body shall remain in prison/ as before is said. And the merchant shall find him bread and water/ & the merchant shall have such season in the lands and tenements delivered unto him that be may maintain writ of novel dysseson/ if he be put out and reddysseson also as of freehold to hold to him and his assigns until the d●tte be paid. And as soon as the debt is levied the body of the debtor shallbe delivered with his lands/ and in such writs as the chancellor doth award mention shallbe made that the sheriff shall certify the justices of either bench how he hath performed the kings commandment at ascertained day at which day the merchant shallbe afore the justices if agreement be not made/ and if the sheriffs do not return the writ/ or do return that the writ came to late or that they have directed it to the bailiffs of some frawchyse/ the justices shall do as it is contained in the statute of westminster. And if the sheriff return that the bettour can not be found/ or that he be clerk/ the merchants shall have writs to all the sheriffs/ or he shall have the land/ and that they shall deliver all the goods and lands of the debtor by a reasonable extent/ to hold unto him & his assigns in the form aforesaid/ & at the lest he shall have a wryt to what sheriff that he will to take his body if he be lay/ and to retain in manner afore said/ and the keeper of the prison ought to take heed that he must answer for the body/ or for the debt/ and after that the debtors lands be delivered to the merchant/ the debtor may lawfully sell his land/ so that the merchant have no damage of the approwementes/ and the merchants shall always be allowed for their damages and all costs/ labours/ suits/ delays/ & expenses reasonable. And if the debtor find sureties which knowledge themselves to be principal debtors after the day passed/ the sureties shallbe ordered in all things as is said of the principal debtor/ as to the arrest of body/ deliver of lands & other things. And when the lands of the debtors be delivered unto the merchant/ he shall have season of all the lands that were in the hand of the debtor the day of the recognysaunce made/ in whose hands so ever that they come afterward either by feoffment or otherwise/ and after the debt paid/ the debtors lands and the issues thereof by feoffment shall return again aswell to the feoffee as the other lands unto the debtors. And if the debtor or his sureties die/ the merchant shall have none authority to take the body of his heir/ but he shall have his lands as before is said/ if he be of age/ or when that he is of full age/ until such time as he hath levied of the lands the amountance & value of the debt. And also another seal shallbe provided that shall serve for fairs/ and the same shallbe sent unto every fair under the kings seal by a clerk sworn/ or by the keeper of the fair. And of the commonalty of London two merchants shall be chosen that shall swear/ and the seal shallbe opened before them/ and the one piece shallbe delivered unto the foresaid merchants/ & the other shall remain with the clerk. And before them or one of the merchants if both can not attend the recognisances shallbe taken as before is said/ and before that the recognisances be enrolled the pain of the statute shall be openly red before the debtor/ so that afterward he shall not excuse himself by ignorance of the pain whereto he bound himself/ and to maintain the costs of the said clerk/ the king shall take of every. li. i d. in every town where the seal is/ except fairs where he shall take i d. ob. of the li. This ordinance and act the king willeth to be observed fronhens forth throughout his realm of England & Ireland amongs the which people they that will may make such recognisances/ except juys to whom this ordinance shall not extend/ and by this statute a writ of debt shall not be abated/ & the chancellor/ justices of either bench & justices errauntes shall not be estopped to take recognisances of debts before them knowledged and made/ but the execution of recognisances made before them shall not be done in the form afore said/ but by the law and manner before used/ and otherwise provided 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. recognovit debere B. tantum quod soluisse debuit tali die et tali anno quod idem B. nondum soluit/ ut dicit. Tibi precipimus quod corpus predict●… A. si laicus sit capias/ et in prisona nostra saluo custodiri facias/ quousque de pred debito satissfecerit Et qualiter hoc preceptum nostrum fueris executus. Scire facias lusty. nostris apud westmonasterium per litteras tuas sigillatas/ et habeas ibi hoc breve. Teste▪ etc. ¶ Here endeth the statute of merchants. The statute of religious men. WHereas of late it was provided that religious men should not enter into other men's fees without special license of the chief lords of whom such fees be holden immediately. And afterward religious men have entered aswell in to their own fees as in the fees of other men approprying and buying them/ and sometime receiving of the gift of other men/ whereby the services that are due of such fees/ & which at the beginning were provided for defence of the realm are wrongfully withdrawn. And the chief lords do lose their escheats of the same/ we therefore intending to provide convenient remedy in the premisses by the advise of our prelate's/ ●ries/ barons & other our subjects being of our counsel/ have provided made and ordained that no person religious or other what so ever he be that will buy or sell any lands or tenements/ or under the colour of gift or less/ or that will receive by reason of any other title/ what so ever it be lands or tenements/ or by any other craft or engine will presume to appropre to himself under pain of fortayture of the same whereby such lands or tenements may any wise come into mortmain. we have provided also that if any person religious or other do presume either by craft or engine to offend against this statute/ it shallbe leeful to us and other chief lords of the fee immediate to enter in the land so aliened within a year from the time of the alienation & to hold it in fee and as inheritance. And if the chief lord immediate be necglygent & will not enter within the year/ then it shallbe leeful to the next chief lord immediate of the fee/ to enter in the same land within half a year next following/ & to hold it as before is said. And so every chief lord immediate may enter in such lands/ if the next lord ymmedyate be necglygent to enter in such lands as before is said. And if all the chief lords of such fees being of full age/ within the four sees/ & out of prison be necglygent or slack in this behalf/ we immediately after the year accomplished from the time that such purchases/ gifts/ or appropriations hap to be made shall take such lands and tenements into our hand/ & shall infesse other therein by certain services to be done to us for the defence of our realm / saving the chief lords of the fees wards/ & escheats/ & other services due thereunto due & accustomed. And therefore we command you/ that ye cause the foresaid statute to be red before you/ & fromhenceforth to be kept firmly & observed. witness of myself at westminster the xiiii day of Novembre the vii year of our reign. ¶ The statute of champarty made the xi year of Edward the first. Where it is contained in our statute that none of our court should take no plea for champarty or maintenance neither by craft nor engyn & pleaders/ at tourneys/ apprentyces/ stewards of noble men & bailiffs/ & other of our realm take matters for champarty & by other debates all manner of pleas against all manner of persons/ whereby all the realm is greatly grieved/ & aswell rich men as poor be troubled many ways. It is provided by common accord/ that all such as fromhenceforth shallbe attainted of such part taking suits & bargains. And all such as do assent thereto shall have three years imprisonment/ & for all that shallbe ransomed at the kings pleasure. Given at Berwyk upon twede the xi year of the reign of king Edward the first. ¶ The statute for view of frankpledge made the xviii year of Edward the second. first you shall say unto us by the oath that you have made if all the jurors that own suit to his court/ becomen and which not And if all the chief pledges or their dosens be come and which not. And if all the dosens be in the assize of our sovereign lord the king and which not/ and who received them/ and if there be any of the kings villains fugitive dwelling other where then in the kings demeans and of such as be within the kings demeans and have not abiden a year and a day. And if there be any of the lord villains in frankpledge otherwhere then in this court. Of customs & services due to this court withdrawn/ how and by whom and in what bailiffs tyme. Of purprestures made in lands/ woods/ and waters to the annoyance/ of walls/ houses/ dikes & hedges set up or beaten down to the annoyance. Of bounds withdrawn & taken away. Of ways and paths opened or stopped/ of waters turned or stopped and brought from their right course/ of breakers of houses and of their receivers/ of comen thieves and of their receivers/ of petty brybours as of gese hens or shewies/ of thieves that steel clothes or shefes/ of such as go in message for thieves of cries levied and not pursued/ of bloodshed and of frays made/ of eskapes of thieves or felons/ of persons outlawed not having the kings warrant/ of women ravished not presented before the corowners'/ of clippers and forgers of money/ of treasure found/ of the assize of bread and ale broken/ of false measures as of bushels/ gallons/ yards and else/ of false balances/ and weights/ of such as have double measure/ and buy by the great and sell by the less. Of such as continually haunt taverns/ and no man knoweth whereon they do live/ of such as sleep by day & watch by night/ and far well and have nothing/ of cloth sellars & curryours of leather dwelling out of merchant towns/ of such as take church or churchyard and after departed without making lassesse/ of persons imprisoned and after let go without main price/ of such as take doves in winter by dorefalles or engines. And of all these things you shall do us to wite by the oath that you have taken. ¶ Here endeth the statute of vyewe of Frankpledge. ¶ Here beginneth the statute of bread and ale made the li year of king Henry the third. WHen a quarter of wheat is sold for xii d. then wastel bread of a farthing shall way vi li. & xvi s. Bread coket of a farthing of the same corn and bultell shall way more than wastel by ii s. Coket bread made of corn that is of less price shall way more than wastel by. d. s. A symnell of a ferthing shall weigh ii s. less than wastel. Bread made of the hole wheat shall way a coket & an half/ so that a coket shall way more than wastel by .v. s. Bread of treat shall way ii wastelles. Bread of comen wheat shall way ii great cokettes/ when a quarter of wheat is sold for xviii d. a wastel loaf of a ferthing shall weigh four li. x. s. viii d. when a quarter of wheat is sold for ii s. than a wastel loaf of a farthing shall way lxviii s. When it is sold for ii d vi d. liv. s. four d. ob. q̄. when for iii s. xlviii. s. when for iii s. vi d. xlii. s. when for four s. xxxvi. s. when for four s. vi d. thirty. s. when for .v. s. xxviii. s. ii d. ob. when for .v. s. vi d. xxiiii. s. viii d. q̄. when for vi s xxii. s. viii d. when for vi s. vi d. nineteen. s. xi d. when for vii s. nineteen. s. i d. when for vii s. vi d. xviii. s. i d. ob. when for viii s. xvii. s. when for viii s. vi d. xvi. s. when for ix s. xv s. q̄. when for ix s. vi d. xiiii. s. iiii: d. ob. q̄. when for ten s. xiii. s. vii d. ob. when for ten s vi d. xii. s xi d. q̄. when for xi s. xii. s. four d. q̄. when for xi s vi d. xi. s ten d. when for xii s. xi. s four d. And then a baker of every quarter of wheat (as it hath been proved by the kings bakers) may gain four d. and the bran/ and ii loves for advantage/ for three servants i d. ob. for two laddies. ob. in salt. ob. for kneding. ob. for candle. q̄. for wood ii d. for his bultell. ob. when a quarter of wheat is sold for iii s. or iii s. and four d. And a quarter of barley at the price of twenty d. or ii s. And a quarter of oties at xvi d. then brewars in cities ought and may well afford and sell ii gallons for i d. And out of cities they may sell iii or four gallons for i d. ¶ Here endeth the statute of assize of bread and ale. ¶ articles for the clergy made the ix. year of Edward the second. EDwarde by the grace of God king of England. etc. Unto all to whom these our present letters shall come/ greating. Understand ye that where as of late in the times of our progenitors sometimes kings of England in diverse their parliaments. And likewise after that we had undertaken the governance of the realm in our parlyamentes many articles containing diverse gree●es committed against the church of England the prelate's and the clergy were purposed & further great instance was made that remedy might be provided therein. And of late in our parliament holden at Lyncolne the ix year of our reign the articles underwritten/ with certain answers made to some of them heretofore/ were rehearsed before our counsel/ and have made certain answers to be corrected and to the residue of the articles underwritten answers have been made by us & our counsel/ of which said articles with the answers to the same the tenors here do follow. first where lay men do purchase prohibitions generally upon tithes/ obventions/ oblations/ mortuaries/ redeeming of penance/ violent laying hand on clerks or bygomes/ and in causes of defamation/ in which cases spiritual penance ought to be enjoined. Our sovereign lord the king hath answered to this article/ that in tithes/ oblations/ obventions/ mortuaries (when they are purposed under these names) the kings prohibition shall hold no place/ although for the long withholding of the same the money may be esteemed at a sum certain. But if a clerk or a religious man do sell his tithes being in his barn or other where to any man for money/ if the money be demanded before a spiritual judge the kings prohibition shall lie/ for by the sale the spiritual good are made temporal/ and the rythes turn into cattles. Also if the debate do arise upon the right of tithes having his original of the right of the patronage & quantity of the same tithes do pass the four part of the goods of the church/ the kings prohibition shall hold place/ if the cause come before a judge spiritual. Also if a prelate enjoin a penance pecunyarye to any man for his offence and it be demanded/ the kings prohibition shall hold place/ notwithstanding if prelate's enjoin a penance corporal and the party will redeem such penances by money/ if money be demanded before a judge spiritual/ the kings prohibition shall hold no place. Moreover if any lay violent hands on a clerk/ the amends for the violence done shall be made in the kings cour●e. And for excommunication before a prelate where penance corporal is enjoined/ if the defender will redeem his penance by giving money to the prelate or to the party grieved/ it shallbe required before the prelate/ and the kings prohibition shall not lie. In defamations also prelate's shall correct in manner above said/ the kings prohibition notwithstanding/ first enjoining a penance corporal which if the offender will redeem/ the prelate may freely receive the money/ though the kings prohibition be showed. Also if any do arere in his ground a mill of new. And after the person of the same prelate demandeth tithe for the same/ the kings prohibition doth issue in this form. The answer. Quia de tali molendino hactenus decime non fuerunt solute prohibemus. etc. Et sententiam excommunicationis/ si quam hac occasione promulgaveritis/ re●●●e●is omnino. In such case the kings writ or prohibition was never yet granted by the kings assent/ nor never shall which hath decreed that it shall not hereafter in such cases. Also if any cause or matter the knowledge whereof belongeth to a court spiritual/ and be dyffynytyfly determined before a spiritual judge/ so that it pass into a judgement/ nor was not in suspens by reason of any appeal/ and afterward upon the same thing a case is moved before ● temporal judge and between the same parties/ & it be proved by witness or instruments. The exception shall not be admitted in a temporal court. The answer/ when any one case is debated before judges spiritual and temporal/ as above appeareth upon the case of laying violent h●des on a clerk. It is thought that notwithstanding the spiritual judgement/ the kings court shall discuss y● same matter/ as the party shall think most expedyē● for himself. Also the kings letter directed unto ordinaries that have wrapped their clients in the sentence of excommunication/ that they should asseyle them by a certain day/ or else that they do appear/ and show wherefore they have excommunicated them. The answer. The king decreth that hereafter no such letter shallbe suffered to go forth/ but in case where it is found that the kings liberty is preiudyced by the excommunication. Also barons of the kings exchequer challenging by their privilege that they ought to make answer to n●mā out of the same place extend the same privilege unto the clerks abiding there being called to ordres or unto residence/ and inhybytte the ordynary●s that in any wise or for any cause (so long as he is of the exchequer) they shall not call them to their courts. The answer. It pleaseth our sovereign lord the king that such clerks as attend in his service shallbe corrected by their ordinaries like as other/ but so long as they are occupied about his business they shall not be bound to keep residence in their churches. This is put to of new by the kings counsel. The king and his ancestors sins time out of mind have used that clerks during such time as they are in his service shall not be compelled unto keep residence at their benefices. And such things as be thought necessary for the king and the common wealth/ aught not to be called prejudicial to the liberty of the church. Also the kings officers as sheriffs and other do enter spiritual fees to take distresses/ and sometime they take the persons beasts in the kings high way/ where they have nothing but their glebe land. The answer. The kings pleasure is that from henceforth such distresses shall neither be taken in the kings high way/ nor in the fees wherewith churches have been endowed/ nevertheless he willeth distresses to be taken in possessions of the church newly purchased by the person. Also when any that fly unto the church do abjure the realm according to the custom of the land/ and lay men or their enemies do pursue them and pluck them from the kings high way/ and are hanged or heeded & whilst they be in the church are kept in the churchyard with armed men/ and sometime in the church so straightly that they can not depart from the hallowed ground to empty their belie/ and can not be suffered to have necessaries for their living. Thaunswer. They that abjure the realm so long as they be in the comen way shallbe in the kings peace/ nor shallbe disturbed of any man/ & when they be in the church their keepers ought not to abide in the churchyard/ except necessity or peril of escape do require so. And so long as they be in the church/ they shall not be compelled to avoid/ but that they shall have necessaries for their living/ and may go forth to empty their belie. Also the kings pleasure is that thieves or appellours (when so ever they will) may confess their offences unto priests/ but let the confessors beware that they inform not such appeallours unwarely. Also it is desired/ that our sovereign lord the king and the great men of the realm do not charge religious houses and spiritual persons for corrodyes pensions/ or sojourning in religious houses and other places of the church/ or with taking up horse & carts whereby such houses are impoverished & god service dymynished/ and by reason of such charges/ priests/ and other ministers of the church deputed unto divine service are oftentimes compelled to departed from the places above said. The answer. The kings pleasure is that upon the contents in their petition from henceforth they shall not be unduly charged. And if the contrary be done by great men or other/ they shall have remedy after the form of the statutes made in the time of king Edward father to the king that now is. And like remedy shallbe done for corrodyes and pensions exacted by compulsion/ whereof mention is made in the said statutes. Also if any of the kings tenure be called before their ordinaries out of the parish/ where they dwell/ if they be excommunicate for their manifest contumacy/ and after xl days a writ goeth out to take them/ and they pretend their privilege that they ought not to be cited out of the town and parish where their dwelling is. And so the kings writ that went out for to take them is denied The answer. It was never yet denyed● nor shallbe hereafter. Also it is desired ye spiritual persons whom the king doth present unto benefices/ if the bishop would not admit them either for lack of science or for other cause reasonable/ they shall incur the excommunication of lay persons in the cases afore said/ as for a thing contrary to the decreys canonical attempted/ but they shall sue unto a spiritual judge for remedy as right shall require. The answer. Of the ableness of a person presented unto a benefice of the church the examination belongeth to a spiritual judge and so it hath been used heretofore & shallbe hereafter. Also if any dignity be vacaunt where election is to be made/ it is moved that the electors or chosers may freely make their election without fear of any power temporal and that all prayers and oppressions shall in this behalf. The answer. They shall be made free according to the form of statutes and ordinances. Moreover though a clerk ought not to be judged by a temporal judge nor any thing may be done against him that concerneth life or member/ nevertheless temporal judges cause that clerks fleeing unto the church and confessing their offence/ do abjure the realm/ and for the same cause admit they abjurations although here upon they can not be their judges/ and so power is wrongfully given to lay persons in the punishment of such clerks. And if such chance to return after into the realm/ the prelate's and clergy desire such remedy to be provided herein that the immunity or privilege of the church and spiritual persons may be said unbroken. The answer. A clerk fleeing to the church upon ●●●●nye for to obtain the privilege of the church/ if he affirm himself to be a clerk/ he shall not be compelled to abjure the realm/ but yielding himself to the law of the realm shall enjoy the privilege of the church according to the laudable custom of the realm heretofore used. Also notwithstanding that a confession made before him that is not lawful judge thereof/ be not sufficient whereon process may be awarded or sentence given/ yet some temporal judges (though they have been instantly desired thereto) do not deliver to the ordinaries according to the premisses such clerks as confess before them their most heyghnous offences as theft/ robborye/ and murder/ but admit their accusation which commonly they call an appeal/ all be it to this respect they be not of their court/ nor can be judged or condemned before them upon their own confession without breaking of the church's privilege. The answer. The privilege of the church being demanded in due form by the ordinary shall not be denied unto the appeallour as to a clerk. We desiring to provide for the state of holy church of England and for the tranquillity and quiet of the prelate's and clergy aforesaid/ as farforth as we may lawfully do to the honour of god and emendation of the church/ prelate's/ and clergy of the same. ratifying/ conferming/ & approving all and every of the articles aforesaid/ with all and every of the answers made and contained in the same/ do grant and command them to be kept firmly and observed for evermore/ willing and granting for us and our heirs that the foresaid prelate's and clergy & their successors shall use/ execute/ and practise for ever more the jurisdiction of the church in the premises/ after the tenor of the answers aforesaid without quarrel/ inquyeting/ or vexation/ our heirs or any of our officers what so ever they be. In testimony whereof. etc. witness. etc. ¶ Here endeth the statute of articles of the clergy. ¶ The statute of persons to be put in assizes. FOr asmuch as our sovereign lord the king by the continual & grievous complaint of his poor subjects doth perceive that diverse persons of his realm being moste insufficient or many times intolerably troubled by sheriffs and their bailiffs/ bailiffs of liberties/ which empaneled them to the recognisances of assizes/ juries/ inquests/ and attaints tryable out of the shires where they be dwelling. And do spa●● the rich people & such as be more able by whom the truth of the matter might be better known/ whereby great expenses and trouble doth daily and manifestly ensue to the impoverishment of the said people and utter disheriting/ out said sovereign lord providing for the indempnyte of his people and desiring to set conventent remedy in the premisses for the public weal of his realm in his parliament holden in the term of saint Myghell the xxi year of his reign hath ordained in this behalf that no sheriff/ undersheriff/ or their bailiffs nor baylly●es of liberties/ shall from henceforth put in any recognisance above said that shall pass out of their proper counties/ any of their bailiffs/ except they have lands and tenements to the yearly value of an. C. s. at the lest And the king intendyth not by this statute to restrain the last statute of westminster wherein mention is made of recognysoves to be put in juries and assizes/ but of such only as aught to pass in assizes/ juries/ & recognisances try able out of their proper counties/ so that within the county before justices or our sovereign lord the king assigned to the taking of any such inquests/ juries/ or other recognysaunces none shall be empaneled/ except he have lands & tenements to the yearly value of xl s. And likewise saving that before justices erraunt a hold comen pleas in their ●●rcuyte/ and also in cities/ boroughs/ and other merchant towns where recognisances/ assizes/ & juries do pass upon any matter touching the said cities/ borughes/ & other towns/ a writ shallbe made like as it hath been accustomed in times passed. Rex. etc. Quia ad communem urilitatem populi nostri & regni de communi consilio ●iusoem regni statuerimus ne aliquis ponatnr in iuratis/ assisis/ seu recognitionibus aliquibus extra comitatum suum proprium faciendis nisi habeat terras aut tenementa ad valenciā●entum solid per annum ad minus/ vec infra comita●ū suum nisi habeat terras aut tenementa ad valemciam 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 observari volumus et firmiter teneri plenius contintur/ tibi precipimus et firmiter iniungimus quod statutum illud in pleno comitatu tuo & in civitatibus/ burgis/ et villis mercatoribus/ et aliis locis publicis & solempnibus in balliva tua ubi necesse fuerit et expedire videris legi et publice proclamari/ et illud in omnibus et singulis suis articulis (quantum in te est) observari facias et firmiter teneri. Et hoc sicut grave damnum tuum vitare volveris/ nullo modo omittas. Teste. etc. ¶ Here endeth the statute of impanelling assizes. ¶ articles of inquisition upon the statute of wynchestre/ made in the time of king Edward the first. THe manner of inquering upon the statute of wynchestre when it is observed and when not/ and of such as have observed the said statute/ and of such as have not suffered the contents thereof to be observed. Of felonies & robberies committed after Easter the. ●iii year of the reign of king Edward/ & in what manner such felonies were done where and by whom/ and the suits of them by inquests/ according to the tenor of the statutes made thereupon afterward. And if the sheriff have answered for the bodies of such offenders or not. Also if the gates of the cities or great towns were shit from the time of the son going down until the son rising. And if any straungyers were lodged in the suburbs or in the out parties of the city for whom their hosts will not answer. And also how bailiffs and other officers of towns have made inquiry thereof. And if watches have been kept after as it is contained in the said statute or not. And how the watchmen have kept their wa●che/ and if the kings high ways from one merchant town to another be enlarged/ aswell in the kings own towns as else where according to the statute/ and if they be not enlarged to inquire what ways/ and where they be/ and who ought to have enlarged them. And of such as let such inlargementes aswell in parks as in other woods. Also if all between the age of xu and lx be sworn to keep the peace. Also if they have weapons in their houses according to the quantity of their lands & goods for maintenance of the peace according to the statute. And also if constables do make view of armour in due manner/ and of other things belonging to their office or not. Also if sheriffs/ hundredars/ bailiffs of liberties/ and fosters do come at hue & cry levied/ and if they make pursuit for keeping the kings peace according to the statute or not. ¶ Here end the articles of inquerye upon the statute of wynchestre. ¶ The statute of circumspect agatis/ made the xiii year of Edward the first. THe king to his judges sendyth greating. Do you circumspectly in all matters concerning the bishop of Nor...... who and his clergy/ not punishing them if they hold pice in court christians of such things as be merely spiritual/ that is to wite of cortections enjoined for deadly sin as fornication/ adultery/ and such like/ for the which many times corporal penance or pecunyarye is enjoined specially if a freeman be convyet of such things. Also if prelate's do punish for leaving churchyards unclosed or for that the church is uncovered or not conveniently decked in which cases none other penance can be enjoined but pecunyary. Also if a person demand of his paryshens/ oblations and tithes due and accustomed/ or if one person plead against another for tithes more or less/ so that the four part of the value of the benefice be not demanded. Also if a person demand mortuaries in places where a mortuary hath used to be given. Also if a prelate of any church or a patron demand a pension due to themselves. All such demands are to be made in a spiritual court. And for laying violent hands on a pressed/ and in cause of diffamation it hath ven granted already that it shallbe tried in a spiritual court/ when money is not demanded/ but a thing done for punishment of sin/ and likewise for breaking an oath. In all cases afore rehearsed the spiritual judge shall have power to take knowledge not withstanding the kings prohibition. ¶ Here endeth the statute of circumspect agatis. ¶ articles against the kings ꝓhy. UNder what form shall lay men purchase prohibitions generally upon tithes/ oblations/ obventions/ redeeming of penances mortuaries/ violent hands laying on a clerk or lay brother/ and in causes of dystamacyon/ in which cases spiritual penance must be enjoined. The king answered to these articles that in ththes/ oblations/ obventions/ and mortuaries when they be pleaded/ as before is said the kings prohibition doth not lie. And if a clerk or a person religious do sell his corn being in his barn or otherwhere to any man for money/ if the price thereof be demanded afore a spiritual judge the kings prohibition doth lie/ for by the sale the spiritual are become temporal/ & so tithes pass into cattles. Also if debate hang in a spiritual court for the right of tithes having his original from the right of the patronage/ and the quantity of the same tithes do pass the four part of the value of the benefice a prohibition shall lie. Also if a prelate enjoined penance pecunyarye to any man for his sin/ if the money be demanded afore prelate's a prohibition shall lie. Also if any lay violent hands on a clerk or lay brother/ for the peace broken amends shallbe made/ before the king/ & for the excommunication on before a bishop or prelate. And if a corporal penance be enjoined which the offender will redeem by giving money to the prelate or the party grieved a prohibition shall not lie. In causes of diffamation prelate's may freely correct/ the kings prohibition notwithstanding/ first enjoining a corporal penance which if the party will redeem/ the prelate may lawfully receive the money/ though a prohibition be showed. Finis. ¶ The statute of distresses of th'exchequer made the. ●● year of king Ed. i FOr as much as the commonalty of the realm hath sustained great loss & damage by wrongful taking of distresses/ which have ●en made by sheriffs and by other the kings vayllyfes for the kings det/ or for any other cause. It is therefore provided and ordained that when a sheriff or any other man doth take the beasts of other/ they to whom the beasts do belong may give them their feeding without disturbance (so long as they be impounded) without giving any thing for their keeping. And that the beasts nor no nother distress taken for the kings debt/ nor for any other cause be given ne sold within xv. days after the taking/ and if any bring a tail of a payment made in the exchequer/ the distress shall cease. And if he bring the tail of any sheriff or bay life of payment made to them of the thing demanded and will find pledges that he appear in the exchequer upon the next account to do as right shall require/ then the distress shall cease. And the shery for bailiff shall cause him to be attached that aught to have acquitted him that he appear upon the same account to do as right shall require/ and there shall have the names of the pledges/ yet it is provided that no man of religion/ nor other shallbe distrained by his beasts that gain his land/ nor by his shept for the kings debt/ nor for any other man/ but until they can find another distress or catelles' sufficient/ whereof they may levy the debt/ or that is sufficient for the demand/ except impounding of beasts that a man findeth in his ground damage pheasant after the use and custom of the realm. And that such distresses be reasonable after the value of the debt or demand and after convenient estimation and not outrageous/ how be it the king willeth and commandeth that sheriffs or their bail lives that have received the kings d●● of the summons of th'exchequer/ & have not acquitted the debtors thereof at the next account shallbe punished after the statutes made thereupon/ & the king willeth that all debts of summons of th'exchequer that the sheriff or bailiff confesseth receit shallbe allowed him forth with/ so that whither he received all the det or part/ it shall never come more in demand nor summons after the sheriff hath confessed the payment. ¶ Here endeth the distresses of the exchequer. ¶ A definition of conspirators made the xxxiii year of king Edward the first. Conspirators be they the do confeder or bind themselves by oath/ covenant or other alliance/ that every of them shall aid and bear the other falsely.......... & maliciously to endite or falsely to move or maintain pleas/ and also such as cause children within age to appeal men of felony whereby they are imprisoned and sore grieved/ & such as reteygue men in the country with lyverays or fees for to maintain their malicious enterprises/ and this doth extend aswell to the takers as to the givers. And stewards and bailiffs of great lords that by their signory office or power do undertake to bear or maynteygne quarrels pleas or debates that concern other parties than such as towchen the estate of their lords or themselves. This ordinance and final definition of conspyratours was made by the king and his counsel in his parley ament the xxxiii year of his reign. ¶ The statute of fines levied made the xxvii year of king Ed. 1. FOr asmuch as fines levied in our court ought and do make an end of all matters and by cause thereof are called fines/ where after waging of battle or the great assize in their cases evermore they hold the last and final place. And now by a certain time passed as well in the time of king Henry of famous memory our grandfather/ as ●● our time the parties of such fines & their heirs contrary to the laws of our realm of ancient time used were admitted to adnulle and defeat such fines/ adlledging that before the fine levied and at the levying thereof and sins the demaundauntes or plaintiffs or their ancestors were alway seized of the lands contained in the fine or of some parcel thereof. And so fines lawfully levied were many times unjustly defeted and annulled by turours of the country falsely and maliciously procured▪ we therefore intending to provide a remedy in the premisses in our parliament at west minster have ordained that such exceptions/ answers/ or inquisitions of the country shall from henceforth in no wise be admitted contrary to such recognisances or fines. And further we will that this statute shall aswell extend unto fines heretofore levied as to them that shallbe levied here after. And let the justices see that such notes & fines as hereafter shallbe levied in our court be red openly & solemnly/ and that in the mean time all pleas shall cease. And this must be at two certain days in the week according to the discretion of the justices. ¶ The i Cham WE have also ordained by th'advise of our counsel/ that from henceforth sheriffs shall not be charged of any issues to be levied nor shall levy any before they pass out of the exchequer there to be delivered by the extreates of the iustyes. And that in the estreats of justices every head shallbe charged for issues forfeited/ like as of amercymentes/ and if peradventure any sheriff will answer for the issues of any recognysour/ pledge or maynpernour by him assigned and returned into our court/ which at the time of the return is not able to pay such issues or amercymentes/ the sheriff shallbe charged and shall answer therefore in our exchequer. And let the sheriffs beware under pain of great forfeiture that from henceforth they do make tails of all such money as they or their officers have received by our commandment. And that they do not return any where the names of any maynpernours or sureties/ jurors/ or any other except such sureties/ maynpernours'/ or other according to the tenor of our writs being directed to the sheriffs for the same cause/ be lawfully and manifestly empaneled thereupon. And they shall not return the names of any free men as pledges/ without that they will plainly consent and agree to the same. And hereupon we have enacted that at one time certain every year one baron & one clerk of our said exchequer shallbe sent through out every shire of England to inrolle the names of all such as have paid that year debts exacted of them by a green were. And the same baron & clerk shall vyewe all such tails and inrolle them. And shall here and determine complaints made against sheriffs and their clerks/ and bailiffs that have done contrary to the premisses/ and the offenders shallbe grievously punished. ¶ The ii Chapter. FOr asmuch as sheriffs and other heretofore have let out by plevyn common felons and openly defamed being taken and imprisoned for murder & felony and such as be not replevisable contrary to the form of our statute made at westminster of persons replevisable and not replevisable/ whereby such transgressors not replevisable be let out/ and for to deliver them deceitfully before the coming to the justices errant or other assigned for their deliverance/ they procure by themselves and by their friends jurors of the country/ and some they threat whereby aswell for fear of the sheriffs & other that let thym at large by such plevyn as for fear of the thieves being so delivered before justices assigned for jail delyverees such felonies and murders are concealed and so being concealed remain still unpunished. We for v●●●re of our realm/ & for the more assured conservation of our peace have provided & ordained that iustyees assigned to take assizes in all shires where they take assizes/ as it is ordained incontinent after the assizes taken in the shires/ shall remain both together if they be lay. And if one of them be a clerk/ then one of the more discrete knights of the shire being associate to him that is a lay man/ by our writhe shall deliver the gales of the shires as well within the liberties as without of all manner of prisons after the form of the jail delyveres of those shires before times used. And the same justices shall inquire then ●● sheriffs or any other have let out by a plevyn prisoners not replevyable/ or have offended in any other thing contrary to the form of the foresaid statute lately made at westminster/ & they shall reform and ●onyshe them in all things according to the form of the statute aforesaid. ¶ The iii Chap●. ALso where we have provided that none shallbe empaneled any where out of the shire where he is dwelling in recognisances/ inquests/ and juries/ that hath less then. C. s. of land or rend whereby aswell they that have more lands by to often appearing aswell in our exchequer as before our justices of either bench/ are much impoverished/ we therefore considering the intolerable damage of our people/ not only for the discharge of such jurors/ but also for the more speedy ministration of justice to all parties suing in our court/ have provided and ordained that inquests & recognysaunces determinable before justices of either bench fromhenceforth shall be taken in time of vacation before any of the justices before whom the plea is brought being associate to one knight of the same shire where such inquests shall pass/ whiles it be an inquest that requireth great examination. And so from henceforth in taking such inquests the justices shall do as to them shall seem most expedient for the common v 〈…〉 e of our realm/ not withstanding the statute lately made at westminster/ upon the taking of such inquests/ containing that if any inquests be taken contrary to the form of the said statute they should be of none effect And therefore we command straightly charging the that incontinent without further delay thou shalt cause to be red and published in cities/ borughes/ merchant towns/ and other solepmne places through out thy liberty where thou shalt think most necessary/ all the articles about said/ the which we have granted/ willing them to be kept and observed steadfastly and without contradiction/ and that thou notefye and declare all & singular the premisses to all our liege people without delay/ witness. &c. ¶ Here endeth the statute of levying fines. ¶ The statute of Carlyll made the xv. year of Edward the second. THe king unto the justices of his bench/ greeting. Where as of late we have ordained that all such fines as are to be levied in our court be lawfully levied which we will in no wise to be broken or to be annulled of their power/ we have sent unto you our mind in writing firmly to be observed/ that is to wite/ that aswell the parties demandant or plaintiff as the tenants or defendants that wylyelde or knowledge right/ of lands or tenements unto other in pleas of warranty of charter covenant & other whereupon fines are to be levied afore you/ before such fines do pass/ the parties shall appear personally so that their age/ idyocye/ or any other default being in them may be judged and discerned by you/ provided always that if any person aged or decrepyte/ or impotent by casualty be so oppressed & holden that by no mean he is able to come before you in our court then in such case we will that two or one of you by assent of the residue of the bench shall visit the party so diseased and shall receive his recognisance upon the plea and form of plea that he hath in our court whereupon the same fine aught to be levied/ and if there go but one he shall take with him an abbot/ a prior/ or a knight/ a man of good fame and credence/ and shall certify you thereof by record/ so that all things incydente to the same fine being eramyned by him or them/ the same fines/ according to our former ordinance may be lawfully levied/ yet we will not that any of our barons of th'exchequer/ or our justices shall admit any attorneys/ but only in pleas & matters that pass before them in the benches and in places where they be assigned by us. And the same power of admitting attornes we prohybytte & deny to the clerks and servants of the said barons & justices. And do ordain that if any attorneys be admitted here after by any of the persons aforesaid/ their admission shallbe of none effect. Reserved always in the chancellor for the time being his authority in admy●tyng attorneys according to whose discretion they shallbe admitted/ & to out those justices as heretofore hath been obuerued in the admission of attorneys we will also that this our ordinance shall take effect and beginning at the utas of the trinity next ensuing. Given in our parliament at Carlyll the xu year of our reign. ¶ Here endeth the sta. of Carlyll. ¶ The statute of defending right made the twenty year of Ed. i When that any purchaseth a writ against the tenants by the courtesy/ in taylle/ in dower/ for term of life/ or of years/ and the demandant sueth so far that the lands be in manner recovered/ whereupon another cometh in before judgement given & saith that he hath fee & right in those lands/ & prayeth the court that in as much as he is come before judgement he may be received to defend his right & to make answer unto the demandant thereof by force of a certain statute lately made by the king that now is at westm/ whereby aswell such as had no right as they that had right oftentimes in the case afore mentioned/ falsely and in deceit of the court did ●om in and pray to be received to make answer to the intent that their admission might prolong the demandant from the attaining unto judgement and season of his land and for to cause those demaundantes to replede of new/ where by such demaundantes are greatly deferred in the case aforesaid/ for to recover their right in the kings court by reason of such malice/ aswell by mistaking of the said statute of for any other cause just and reasonable. And this is vsed● found daily before our justices/ in consideration whereof our sovereign lord the king for to withstand all such malice in the foresaid case/ and intending to provide a remedy therein in his full parliament hath ordained and from henceforth commandeth straightly to be observed/ that is to wite/ the moneday next after the feast of the purification of our lady the twenty year of his reign that if any before judgement in the aforesaid case cometh in by a colleraterall title▪ and desireth to be received/ before his receit he shall find sufficient surety▪ (as the court will award) to satysfy● the demandant of the value of the issue● of the lands so to be recovered from the day that he is received to make answer until the time that final judgement be given upon the petition of the demandant. And if the demandant recover his demand/ the defender shall be grievously amerced/ if he have whereof And if he have not/ he shallbe imprisoned at the kings pleasure. And if he can prove his right to be as good as he af●●r at such time as he was received he shall med go quite. Finis. ¶ The statute of vouchers made the twenty year of Edward the first. WHere as the tenant in a plea real heretofore had vouched one to warranty/ and thereupon the demandant will aver that he nor none of his ancestors (sins the time that the ancestor of the demandant was seized) was in possession of the said lands/ neither in demean nor in service/ if the party that is vouched be present and will warraun▪ tyse the land freely unto the tenant/ such aucrrement of the demandant hath not been used to be admitted/ except the party vouched had been absent/ and that by reason of a certain statute of the kings lately made amongst other statutes of westminster first/ wherefore our sovereign lord the king considering the fraud/ deceit/ and malice/ and also his own damage and disheriting of his crown that in the said case hath many times happened in his court and daily doth/ where as some holding of the king in chief by an hole barony in a plea hanging before the justices of the bench upon their demand do vouch particularly knaves unknown & straungyers which they will bring forth/ of whom neither they nor their ancestors had never any thing in the lands that they have warranted/ nor in any other lands or tenements within his realm/ neither in demean nor in service as hath been testified by diverse of the kings subjects/ so that by such cautel/ fraud/ and malice the same tenants holding by an entire barony do defraud the king of the amercyment that they should incur if the demandant should recover against them. And likewise when such persons have warranted/ that is to wite/ every one for his portion that he ought to warrant/ he may defend himself by the body of his servant procured and hired by them that hold baronies/ and so upon one writ and one demaunnde there were two or three wagers of battles/ the which was a right hard and a perilous example for poor men in time coming that shallbe demaundantes against great and rich men that will defend themselves by the malice aforesaid/ and the demandant can not have his averment against such warrauntours when they be vouched in form aforesaid because the warrauntours be present/ and will warrantise freely/ by his comen counsel hath ordained/ and from henceforth that is to say from the feast of S Hyllarye the twenty year of his reign he hath straightly commaudded that who so ever tenant do vouch and the demandant will aver in form before rehearsed/ his aucrrement shallbe admitted whither the party vouched be absent or presence without any respect thereunto. ¶ Here endeth the statute of vouchers. ¶ The statute of york made the xxi year of king Edward the first. FOr as much as much people of the realm of England & Ireland have heretofore many times suffered great mischief damage & dysherytaunce by reason that i diverse cases where the law failed no remedy was purveyed. And also for as much as some points of the statutes heretofore made had need of exposition our sovereign lord the king desiring that right be done to his people at his parliament holden at york the iii week after the feast of S. Myghell/ the xiii year of his reign by the assent of the prelate's/ earls/ barons/ and the commonalty of his realm there assembled hath made these acts and statutes here following/ the which he willeth to be straightly observed in his said realm and land. first for diverse mischiefs that where tenants in an assize of novel disseisin might not make attorneys heretofore/ it is agreed that the tenants in assizes of novel disseisin from henceforth may make attorneys/ yet the king intendyth not hereby that the tenants and defendants in assizes of novel disseisin shall plead by bailiffs at their own pleasure as they have done heretofore/ & it is agreed that when a deed/ renlesse/ acquytaunce/ or other writing be denied in the kings court wherein witnesses be named/ process shallbe awarded for to cause such witnesses to appear as before hath been used/ so that if none of them come in at the great distress returned/ or if it be returned that they have nothing/ or that they can not be found/ yet the taking of the inquest shall not be deferred by the absence of such witnesses. And if the witnesses do come in at the great distress/ and the inquest for some cause remaineth untaken/ the witnesses that come in shall have like day given them as is assigned for the taking of the inquest/ at which day if the witnesses do not appear/ the issues that were first returned▪ upon them shallbe forfeit. And the taking of the inquest shall not be deferred because of their absence. And for absence of witnesses dwelling within franchises where the kings writ original doth not lie the taking of an inquest shall not be deferred. And where it is contained in a statute made at westminster the second day of Apryll the. xxvii. year of the reign of the kings father that now is/ that inquests and recognisances taken before the justices of each bench should be taken before any justice of the places accompanied with some knight of the shire where such inquests hap to be taken if they have not need of great examination. And that in such inquests the justices shall do as they shall think most expedient for the weal of the realm/ the which statuteth a better declaration. It is agreed that inquests and juries that hap to be taken hereafter in pleas of land that require not great examination shallbe fallen in the country before a justice of the place where the plea is accompanied with a substantial man of the country knight or other/ so that a certain day be given in the bench/ and a certain day & place in the country in presence of the parties demanding the same. And also inquests and juries in pleas of land that require great examination shallbe taken in the country (in the manner abovesaid) before two justices of the bench. And the justices or justice shall have power to record nonsuytes and defaults in the country at the days and places assigned as afore is said. And that they shall do in the things above mentioned shallbe reported in the bench at a day certain there to be enrolled and thereupon judgement shallbe given. And the king intendyth not that the said inquests and juries should not be taken in the bench/ if they come/ nor that this statute should extend unto great assizes/ and also a justice of the one place and of the other being associate with a discrete man of the country knight or other at the request of the plaintiff shall take inquests upon pleas pleaded and to be pleaded that be moved by attachment and distress and shall have power to record nonsuytes/ as above is said/ and to take inquests upon defaults there made. And as to such inquests as are to be taken upon writs of Quare impedit the form contained in the statute of westminster second shallbe kept/ and the justices shall have power to record nonsuties & defaults in the country and to give judgement thereupon as they do in the bench and there to report that that they have done there to be enrolled. And if it happen the justice or justices that shallbe assigned to take such inquests in the country do not come/ or if they come into the country at the day assigned/ yet the parties and persons of such inquests shall keep their day in the bench. And because it is many times complained in the kings court upon returns that bailiffs of franchises (having full power to return the kings writs) have delivered to sheriffs have been afterward changed & otherwise returned in the kings court to the damage of the parties and the delay of right. It is agreed that for such returns as hereafter be delivered to sheriffs by such bailiffs of fraunchy●es an indenture shall be made between the bailiff of the franchise by his proper name/ and the sheriff by his proper name. And if the sheriff change the return so delivered to him by indenture and be thereof convict at the suit of the lord of the franchise of whom he received the return/ if the lord have had any damage or if his franchise be distained/ or at the suit of the lord of the party that hath sustained loss through that occasion he shallbe punished by the king for his false return & shall yield unto the lord and to the party double damages. Also it is agreed that from henceforth sheriffs and other bailiffs that receive the kings writs retournable in his court shall send their own names with the returns/ so that the court may know of whom they took such returns if need be. And if any sheriff or other bailiff leave out his name in his returns he shallbe grievously amerced to the kings use. Also for the common profit of the people it is agreed that no office in city or town that by reason of his office ought to keep assizes of wines and victuals in asmuch as he is attendant to his office/ shall not by wines nor victuals neither in gross/ nor by retaylle. And if any do & be thereof convict the merchandise wherefore he is convict shallbe forfeit to the king/ and the iii part thereof shallbe delivered to the party that sued the offender as the kings gift/ & in such case h● that will sue for a thing so forfeited shallbe received. And the chancellor/ treasurer/ barons of the exchequer/ justices of either bench/ and justices assigned to take assizes shall admit such plaints by writs & without writs/ and shall determine them & shall perform all things contained in these articles in form abovesaid/ and nevertheless the king may assign his iustyees to execute this thing in cities & boroughs when and where it pleaseth him. ¶ Here endeth the statute of york. ¶ The kings prerogative made the xvii year of Ed. ii Our sovereign lord the king shall have the ward of all the lands of such as hold of him in chyer by knights service/ whereof the tenants were seized in their demean as of fee at the day of their death/ of whom so ever they hold else by like service/ so that they held of ancient time any land of the crown/ until the heir come to his law full age/ except the fees of the archbishop of Canterbury/ the bishop of Durham between Tyne & Tese/ fees of ●●les and barons in the marches where the kings writs do not lie/ & whereof the said archbishop's/ bishops/ earls/ & barons ought to have such wards/ though they held of the king in some other place. ¶ The first chapiter. ALso the king shall have the marriage of an heir being within age and in his ward whither the lands of such heirs have appertained to the crown of ancient continuance/ or that it came by reason of escheare being in the kings hands/ or that he had the marriage by reason of the ward of the lords of such heirs without any respects to the prioryte of feoffment/ all be ●● they held of other. ¶ The ii Chapitre. ALso the king shall have primer season after the death of such as held of him in chief of all lands and tenements whereof they were seized in their demean as of fee of what age that their heirs be taking the issues of the same lands and tenements/ until inquisition be made (as the manner is) and ●●●tyll that he hath taken homage of such heirs. ¶ The iii Chapitre. ALso he shall assign to widows after the death of their husbands that held of him in chief the dower that to them belongeth. etc. though the heirs be of full age (if the widows will) such widows before assignment of their dower shall swear that they shall not mary themselves without the kings lyceuse/ whither the heirs be of full age or not. And if they mary without license then the king shall take into his hands by way of distress all such lands & tenements as they hold of him in do were until he be satisfied at his own will so that she shall take nothing of the issues. &c. for after such distresses they or their husbands must fine at the kings will. And his will in the time of king Henry father of king Edward was esteemed to the one years value of her dower/ one●es they had the greater favour/ women that hold of the king in chief of what so ever age that they be/ shall swear likewise that they shall not mary themselves without the kings license. And if they do their lands and tenements shallbe taken in like manner into the kings hands/ until they have satisfied at the kings will. ¶ The four Chapitre. ANd if one inheritance that is holden of the king in chief dyscende to many partners than all the heirs shall do homage to the king/ and the same inheritance so holden of the king shallbe divided among those heirs/ so that every of them after that shall hold their part of the king. ¶ The .v. Chapter. IF a woman (before the death of her ancestor that held of the king in chief) be married before she be maryable/ then the king shall have the ward of the body of the same woman/ until she be of age able to consent/ and than she may choose/ whither she will have him to whom she was first married/ or him that the king will offer her. None that holdeth of the king in chief by knights service may alyene the more part of his lands/ so that the residue thereof be not sufficient to do his service/ except he have the kings license/ but this may not be understanden of members & parcels of such lands. ¶ The vi Chapitre. OF seriauntyes aliened without the kings license the king hath used to rate such seriauntyes at a reasonable extent thereof to be made. ¶ The vii Chapitre. OF churches being vacaunt/ the advowsons whereof belong to the king and other present to the same/ whereupon debate ariseth between the king and other/ if the king by award of the court do recover this presentation though it be after the lapse of six months from the time of the avoidance no time shall prejudice him/ so that he present within the space of six months. ¶ The viii Chapitre. THe king shall have ward of the lands of natural Fools/ taking the profits of them without waste or destruction/ and find to them their necessaries of whose fee somever that the lands be holden. And after the death of such idiots he shall render it to the right heirs/ so that such idiots shall not alien/ nor their heirs shallbe disherited. ¶ The ix Chapitre. ALso the king shall provide/ when any (that before time hath had his wit and memory) hap to fay●e of his wit/ as there are many per luc●da interualla i by evident spaces that their lands & tenements shallbe safely kept without waste or destruction/ and that they and their household shall live and be conveniently maintained with the profits of the same/ and the residue besides their sustentation shall be kept to their use to be delivered unto them when they come to right mind. So that such lands and tenements shall in no wise be aliened. And the king shall take nothing to his own use/ and if the party die in such estate than the residue shallbe distribute for his soul by advise of the ordinary. ¶ The ten Chapter. ALso the king shall have wrek of the see through out the realm/ whales & great sturgeons taken in the see or else where within the realm/ except in certain places privileged by the king. ¶ The xi Chapter. ALso the king shall have escheats of the lands of Normans/ to whose fee somever they belong/ saving the service appertaining to the chief ordes of the same fee. And this also is to be understanden where any inheritance descendeth to any that is borne ●n the parties beyond the see/ whose ancestors were from the time of king johan under thallegiance of the kings of France/ and not of the kings ●● England/ as late it happened by the barony of Monmouth after the death of johan of Monmouth/ whose heirs were of britain and other places. King Henry by the foresaid occasion recovered many escheats of Normans lands out of the fees of other men/ and gave them to be holden of the chief lords of the fee by services and customs due and accustomed thereunto. ¶ The xii Chapitre. When any (that holdeth of the king in chief) dieth/ and his heir entryth into the land that his anncetour held of the king the day that he died/ before he hath done homage to the king and received season of the king/ he shall gain no freehold thereby/ and if he die seized during that time his wife shall not be endowed of the same land/ as it came late in ure by Maude daughter to the earl of Herforde wife of Maunsell the marshal/ which after the death of wyllyam Martial of England his brother took his season of the castle and manner of Scrogoyll/ and died in the same castle before he had entered by the king and before he had done homage to him. Whereupon it was agreed that his wife should not be endowed/ because that her husband had not his entry by the king but rather by intrusion/ how be it this statute doth not mean of socage and other small tenors. ¶ The xiii Chapitre. ALso the king shall have escheats of lands of the freeholders of ache bishops and bishops when such tenants be attainted for felony in time of vacation/ whiles their temporaltes were in the kings hands to give at his pleasure/ saving to such prelate's the service that thereto is due and accustomed. ¶ The xiiii Chapitre. When our sovereign lord the king giveth or granteth land or a manoyr with the appurtenances without he make express mention in his deed or writing of knights fees/ advouzons of churches/ and dowers when they fall belonging to such manors or lands/ then at this day the king reserveth to himself such fees/ advowsons/ and dowers/ all be it that among other persons there shallbe implied no such reservation. ¶ The xu Chapitre. ALso the king shall have the goods of all felons attainted/ or that run away where some ever they be found. And if they have freehold than ●● shallbe forthwith taken into the kings hands. And the king shall have all profyt●es of the same by one year and one day/ & the land shallbe wasted and destroyed in the houses/ woods/ gardens/ and in all manner of things belonging to the same land/ excepting men of certain places privileged by the king therefore. And after the king hath had the year/ day●/● waste/ then the la●de shall be restored is the chief lord of the fame fee unless that he fine before with the king for the year the day/ & the waste. Nevertheless it is used in the county of Gloucestre by custom that after one year & one day the lands and tenements of felons shall revert & be restored to the next heir/ ●● whom it ought to have descended if the felony had not been done. And in Ken● in gavelkind. The father to the bough the son to the plough. There all heirs males shall divide their inherytaūc● but women shall not make 〈…〉 with men. And a woman after the death of her husband shallbe endowed of a moyte. And if she commit fornication in he● wydowhed/ or take an husband afterward she shall lose her dowet. Finis. ¶ The manner of doing homage made the xvii year of king Ed. ii When a free man shall make homage to his lord of whom he holdeth in chief/ he shall hold his hands together between the hands of his lord & shall say thus. I become your from this day forth for life/ for member/ & for worldly honour/ and shall owe you my faith for the lands that I hold of you/ saving the faith that I do owe unto our sovereign lord the king & to mine other lords/ when a freeman shall do fealty to his lord he shall hold his right hand upon a book/ and shall say thus. Here you my lord ●. that I. P. shallbe to you both faithful & true/ & shall owe my fidelity unto you for the land that I hold of you/ & lawfully shall do such customs & services as my duty is to you at the terms assigned/ so help me god & all his saints. When a villain shall do fealty unto his lord/ he shall hold his right hand over the book/ & shall say thus. Here you my lord A. that I. B. from this day forth unto you shallbe true & faithful/ and shall owe you fealty for the land that/ I hold of you in villeinage/ and shallbe justified by you in body & goods/ so help me god & all his saints. Finis. ¶ The statute of wards and relyefes' made the xxviii year of Edward the first. IT is to wite that when any relief is gyveu/ thereto wardship belongeth & contrary wise. And such as hold by sertaunte to go with the king in his host there ward and relief are incident And such as hold by petty sertauntye as to bear shield or spear in the kings host to bear or to carry there lieth neither ward/ marriage/ nor relief. Also a free sokeman shall not give ward nor relief but he shall double his rent after the death of his ancestor according as he hath used to pay/ and shall not be unmeasurable grieved. Now some what is to be said of the nature of having wards There be ii manners of writs to have awardes/ one is where lands be held in knights service/ the other is where lands be holden in socage. The ward of land that is holden in knights service belongeth to the chief lord/ & the marriage which ought to be without disparagement as the great chartourly my tithe/ until he cometh to the age of xxi years. The ward of an heir that holdeth in socage/ if the inheritance descend of his mother's side than it belongeth to the next friend of the father's side/ and contrary wise. And a writ to recover ward may be brought in iii manners/ one is when a man demandeth ward of the land and of his heir/ and that is in case when a man holdeth land of another by knights service and the tenant dieth/ then may the chief lord (if he be deforced) demand the ward of his land and heir & shall have both ward and marriage. Another manner is when a man is infeoffed of a road of land by one man/ and by another of another road/ the second lord may not bring a writ of ward to recover either the land or the heir/ for the ward belongeth to the lord of whom he was first infeoffed. The iii manner is where a man hath land in his hands by reason of a ward/ and hath not the heir/ then he may bring a writ to demand the heir and not the land. ¶ Here endeth the statute of wards and relyefes' made the xxviii year of Edward i ¶ Here beginneth a statute concerning general days in the bench made the li year of H. the iii IF a writ come within the utas of S. Myghell/ a day shallbe given thereupon unto the utas of S. Hyllarye/ & if it come in the quynzieme of S. Myghel/ day shallbe given unto the quynzieme of S. hilary. If it come in the iii weeks after S. Myghel/ the day shallbe crastino purificationis. If within a month after michaelmas/ in the utas of the purification. If in crastino animarum/ then in the quynzieme of Easter. If in crastino Martini/ then in the iii weeks after Easter. If in the utas of S. Martini/ then in Easter month. If in the quynzieme of saint Martyne/ then within .v. weeks after Easter/ & also there is a day specially given in crastino ascensionis/ & it ●●●●●uayleth as much as within .v. weeks after Easter. If in the utas of saint Hyllarye/ in the utas of the trinity. If in quindena Hillarii/ then in quindena Trinitatis/ and sometime in crastino of saint johan baptist. If in crastino purificationis/ then in crastino & utas of saint johan baptist. If in the utas of the purification/ then in quindena of johan baptist. If in quindena Pasche then in the utas of saint Myghell. If within iii weeks after Easter/ then in quindena of saint Myghell. If within Easter month/ then within iii weeks of the feast of saint Myghel. If within five weeks after Easter/ or in crastino Ascensionis/ then within a month after the feast of S. Myghell. If in the utas of the trinity then in crastino animarum If in quindena trinitatis/ or in crastino of saint johan Babtyste/ then in crastino Martini. If in the utas of saint johan Babtyst/ then in the utas of S. Martyne. If in quindena of saint johan baptist/ then day shallbe given unto quindena Martini. Finis. ¶ The statute of bigamy made the four year of Ed. i IN the preseuce of certain reverend father's bishops of Englaud and other of the kings counsel/ the constitutions underwritten were recited/ & after hard & published before the king and his counsel/ for asmuch as all the kings counsel aswell justices as other have agreed that they should be put in writing for a perpetual memory/ and for that they should be steadfastly observed ¶ The first Cham Concerning pleas where the tenant sayeth that he can not answer with out the king. It is agreed by the justices and other wise men of the kings counsel/ which heretofore have had the use and praciyse of iubgementes/ that where a feoffment was made by the king with a deed thereupon/ that if another person by a like feoffment & a like deed be bounden to warranty. The justices could not heretofore have proceeded any further without the kings commandment had therefore. And also it seemeth that they could not. ¶ The ii Cham IN certain cases as where the king hath confirmed or ratefyed the deed if another man to the use of another/ or hath granted any thing asmuch as himself may/ or where a deed is showed and no clause contained therein/ whereby ●e aught to warrauntyse and in like cases they shall not surccasse by occasion of a confirmation grant or hinder or other like/ but after advertisement made thereof to the king they shall proceed without delay. ¶ The iii Chapitre. Concerning the endowment of women where the wardens of their husbands inheritance have ward ship by the gift or grant of the king or where such wardens be tenants of the thing in demand/ or if the heirs of such lands be vouched to warranty/ if they say that they can not answer without the king/ they shall not surcease upon the matter therefore/ but shall proceed therein according to the right. ¶ The four Chapitre. COncernyuge purprestures or any manner of usurpations made upon the king within franchises or else where it was agreed & determined in the time of king Henry that where such usurpours were living/ the king should resease of new the land so usurped out of the hands of the usurpours/ the which thing also shallbe from henceforth observed in the realm/ & if any do complain upon such reseasers he shallbe hard like as right requireth. ¶ The v. chapiter. Concerning men twice married/ called bigamy whom our holy father the p●●e by a constitution made at the counsel of Lions hath excluded from all clerks privilege/ whereupon certain prelate's (when such persons have been ●● tainted for felons) have prayed for to have them delivered as clerks which were made bygamy before the same constitution. It is agreed and declared before the king and his counsel that the same constitution shallbe vnderstande● in this wise/ that whither they were bigamy before the same constitution or after/ they shall not from henceforth be delyucred to the prelate's/ but justice shallbe executed upon them as upon other lay people. ¶ The vi Chapitre. IN deeds also where is contained dedi ●t concess● tale tenementum without homage/ or without a clause that containeth warranty and to be holden of the givers and their heirs by ● certain service. It is agreed that the givers and their heirs shallbe bounden▪ to warranty. And where is contained dedi et concessi. etc. to be holden of the chief lords of the fee or of other & not of the feffours or of their heirs/ reserving no service▪ without homage/ or without the foresaid clause/ their heirs shall not be bounden to warranty/ notwithstanding the feoffor during his owns life by force of his own gift shallbe ●ounden to warranty. All these consti●n●yons aforesaid were made at westminster in the parliament holden next after the feast of saint Myghell▪ the iii ●ere of the reign of king Edward ●●nne of king Henry. And from that ●yme forth they shall take effect. ¶ Finis. ¶ The statute of joyntenauntes made the xxxiiii year of king Edward the first. THe king our sovereign lord unto all to whom these. etc. greating. It is well known that among diverse establysshementes of laws which we have ordained in our own time upon the great and heyghnous mischief that happen in writs of novel disseisin day-fly above other/ we have devised more speedy remedy in those writs/ then was before. And for asmuch as it ●haunseth many times in assizes of no●ell that the tenant doth plead against the plaintiff that he holdeth the lands being in demand jointly with his wife not only named in the writ/ & sometime with a straungyer not named in the writ/ and showeth forth a deed testifying the same/ and demandeth judgement of the writ. It is agreed and ordained that if the plaintiff will offer to aver by assize that the day of his writ purchased he that alleged the exception was sole tenant/ so that neither his wife nor any other had any thing in the said lands/ then the justices before whom the assize is arraigned shall retain the same deed safely in their keeping until the assize be tried between them thereupon. And they shall let the party absent to understand by our writ under their witnessing and also to the ioyntenant that is present/ of whom the deed maketh mention/ that he be present at a certain day with the other tenant for to answer unto the part plaintiff aswell upon the exception alleged/ as of the lands demanded and put in vyewe/ if it seem expedient for him/ at which day if both that are named tenants do coming/ & do justify the same feoffment they shall answer and maintain the exception alleged by one of them/ & further shall answer unto the assize as though the original had been purchased against both of them jointly. And if it be proved by assize that the exception was alleged maliciously for to delay the plaintiff of his right/ so that they held not the same land jointly the day of the writ purchased/ then all be it the same assize do pass for the tenants & against the plaintiff/ yet they that alleged the exception shallbe punished by one years unprysonment/ whence they shall not be delivered without a grievous ransom And let the justices be well advised that from henceforth they do not allow an exception alleged by the bailiffs of any such tenants/ and if he that alleged the exception absent himself at his day/ and the other that is named jointenant do apere/ although he justify the same deed and say that he hath nothing in the foresaid lands. & ●. nevertheless the assize shall pass against him that is absent by default. And if it be found by assize that they were not jointly seized the day of the writ purchased/ & likewise that the tenant against whom the writ was purchased/ or another named in the writ did dyssese the plaintiff/ then having regard to them that was falsely and maliciously alleged to the hurt of the party and to the disseisin that they made/ the plaintiff shall recover his season and double damage● and they that alleged the false exception shall have the punishment aforesaid. But if neither of the tenants do come in at the day/ then upon their default the assize shall pass against them. And if it be found that the same exception was lawfully and truly alleged and that they that alleged it were jointly seized before the plaintiff purchased his writ against them/ the assize shall pass● no further/ but the writ shallbe abated The same shallbe observed if both or ou● do appear if it be found by assize that the exception was truly alleged as before is said. The same order shallbe observed in assizes of mortdauncetour & writs of juris utrum that the first day that the parties appear in court/ if the tenant allege the said exception against the demandant showing a deed thereupon/ and the demandant will offer to aucrre by the assize or jury that the day of his writ purchased he that alleged the exception was sole tenant/ hereafter the same manner of process shallbe used in assizes of mortdauncetour and writs of juris utrum as before is ordained in assizes of novel disseisin. And like punishment shallbe awarded to the offenders. But in other writs whereby lands at demanded such process shallbe made at the first day that the parties appear in court if the tenant do allege the foresaid exception of a joint feoffment/ & the demandaunt will offer to aver by the country shall the day of the writ purchased he that alleged the exception was sole tenant/ then the same manner of process shallbe observed betwixt the parties until a jury have passed between them there▪ upon/ & if it be founden by the jury that the same exception was truly alleged then the writ of the demandant shall abate/ & if it be founden by the jury that the same exception was falsely & maliciously alleged to the hindrance of the party/ then the demandant shall recover his season of the lands in demand/ & the tenant shallbe punished by the pain abovesaid in a writ of novel disseisin ●s to the imprisonment & as to the damages according to the discretion of the ius●yces. And we will & grant that this statute shall take his effect the morrow after the feast of S. Petre ad vincula next coming/ for as much also as pleas in court spiritual and unreasonable delays many times in so much as our writ that is called/ was many times brought before the judges of such matters when they were begun. And thereupon our chief justices could not proceed lawfully nor in due manner to award a writ of consultation upon such manner of process. It is agreed that such a writ of indycavit shall not be granted from henceforth to any man/ before the matter hanging in the spiritual court between the parties be recorded/ & that our chancellor shallbe certified thereupon upon the sight and inspection of a libel. In witness of which thing we have caused these our letters to be patent. I myself being witness at westminster. Given the xxvii day of the month of may. The xxxiiii year of our reign. Finis. ¶ A statute of days general in a wryt of dower/ made the li year of H iii IF the writ do come in octavis Mychaelis day shallbe given until crastino ammarum. If it come in quindena Mychaelis/ day shallbe given until the crastino Martini. I● in mense Michaelis/ then in quindena Martini. If in crastino ammarun/ then in octavis Hillarii. If in crastino Martini/ then in quindena Hillarii. If in octavis Martini/ then in crastino purificationis. If in quindena Martini/ then in octavis purificationis. If in octavis Hillarii/ then in quindena Pasche. If in quindena Hillarii/ then in tribus septimanis Pasche. If in crastino purificationis/ then in mense Pasche. If in octavis purificationis/ then in crastino Ascensionis. If in quindena Pasche/ then in octavis Trinitatis. If in tribus septimanis Pasche/ then in quindena Trinitatis. If in mense Pasche/ then in crastino joannis Babtist. If in quinque septimanis Pasche/ then in octavis johannis. If in crastino Ascensionis/ then in quindena johannis. If in octavis Trinitatis/ then in octavis Michaelis. If in quindena Trinitatis/ then in quindena Michaelis. If in crastino johannis Babtyste/ then in tribus septimanis Michaelis. If in octavis johannis Babtyste/ then in mense Michaelis. If in quindena johannis Babtyste/ then in crastino animarum. ¶ Finis. ¶ A statute for escheators made the xxix year of Edward. the first. ⸫ AT the parliament of our sovereign lord the king holden at Lyncolne in the utas of saint Hyllarye the xxix year of his reign/ by his counsel it was agreed and also commanded by the king himself/ that fromthens it should be observed and done according to the advise of the reverend father ●●. Langeton then bishop of Coventrie and Lychfelde and treasurer to the king/ johan Langeton then being chancellor and othrr of the counsel there present before the king that where inquests taken by his escheators by any of the kings writs purchased out of his chancery being returned/ and it be found by such inquests that nothing is holden of the king whereby the king ought to have the ward of such lands and tenements by reason of the inquest taken by his escheators/ that immediately and without any delay the escheators shallbe commanded by the kings writ had out of the kings chancery to put fro their hands all the lands and tenements so taken into the kings possession/ and if they have taken any profits of such lands and tenements so taken into the kings hands by them/ from the time that such lands and tenements fill into the kings hands/ they shall make full restitution to him or them for whom it was found by inquests taken by the same escheators that such lands ought to remain/ saving alway to the king in case that (after such time as his escheators have discharged their lands by force of the kings writ as before is said) if any thing happen to be found in the chancery/ or the exchequer or in any other of the kings courts whereby the ward of such lands whereof the escheators have discharged their hands in form abovesaid should belong unto the king that immediately he in whose possession such lands hap to be/ shallbe summoned by a writ out of the chancery to be afore the king at a certain day wheresomever. etc. to show if he can say any thing wherefore the king ought not to have the ward of such lands according to the form of the evidences o● remembrances found for the king. And if he come in and show why the ward of such lands doth not belong unto the king/ but doth show that i● ought to belong and remain to himself/ he shall go quite and shall retaygne the ward/ but in case that the party warned doth not come/ or if that he come and can show nothing to put the king from the ward/ the lands and tenements shallbe forthwith reseized into the kings hands to be kept in name of wardship unto the lawful age of such heirs as before is said. And if it be found upon the inquests taken by the escheators and returned that the ward of the same lands and tenements contained in the inquest and seized into the kings hands ought not to remain unto the king/ then the escheton● shall be commanded forthwith to discharge his hands thereof and to restore the issue's holly. In like man●● if it be found afterward by the evidences and remembrances in the chancery/ exchequer/ or otherwhere/ as before is said/ that our sovereign lord the king ought to have the ward thereof/ the king shallbe answered unto for the hole issues and profits by the hands of such as held the same lands and tenements from the time they were first taken into the kings hands by his escheators by the writs abovesaid. And this order shall be observed from henceforth in the chancery/ notwithstanding a certain ordinance lately made by our sovereign lord the king/ concerning lands and tenements taken into his hands by his officers/ and not to be delivered but by the king himself/ and as it is contained in a certain dividenda or indenture made between the king himself and his chancellor/ whereof one part remaineth in the custody of the chancellor. ¶ Finis. ¶ Of sheriffs. FOr asmuch as our sovereign lord Edward son to king Edward first of the name/ at his parliament holden at Lyncolne in quindena hilari the ix year of his reign by the information of his prelate's/ earls/ barons/ & other great men of the realm being summoned to the same parliament & also by the grievous complaint of his people did perceive great damage to be done to him and great oppressions and disheritaunces to his people by reason that unsufficient sheriffs and hundredats have been before this time in the realm and yet be. Our sovereign lord the king intending to avoid and eschew such evil oppressions and dysherytaunces by the assent of his prelate's/ barons/ and other great estates aforesaid/ hath ordained and established in his said parliament that the sheriffs from henceforth shall be assigned by the chancellor/ treasurer/ barons of th'exchequer/ and by the justices. And in the absence of the chancellor by the treasurer/ barons/ and justices. And that none shallbe sheriff except he have sufficient land within the same shire (where he shallbe sheriff) for to answer the king and his people. And that none that is steward or bailiff to a great lord shallbe made sheriff/ except he be out of service/ so that he may attend to the office of a sheriff for the king and his people. And in like manner it is agreed and established that hundreds whither they belong to the king or to other shallbe kept by convenient and able persons that have sufficient lands within the same hundred or shire where the hundred is/ & that the chancellor/ treasurer/ barons/ & justices shall do & assign in manner aforesaid without having any other regard. And if any sheriffs or hundredars be unsufficient at this time/ they shallbe demoved and other more convenient put in to their rooms. And that such hundreds be lessed to such persons as are sufficient/ so that they need not to use extortion upon the people by reason of to outrageous farm. And that no sheriff nor hundredar shall less his land to any other in farm or otherwise/ and that the executions of writs that come to the sheriffs shallbe done by the hundredars sworn and known in the shire/ & not by other/ if it be not the open default and disturbance of the hundredars and then execution shallbe done by other persons more convenient being sworn so that the people that sue such executions may safely know the return of their writs to them that have or aught to have them. ¶ Finis. The statute of Ireland. HEnry by the grace of God king of England lord of Ireland/ duke of Guyan and Normandy/ earl of Angeo to his trusty and well-beloved Gerarde son of Mauryce justice of Ireland/ greeting. Where as certain knights of the parties of Ireland have lately informed us that when any land doth descend unto sisters within dominyō of Ireland/ the justices ●●raunt in those parties are uncertain whither the younger sisters ought to hold of the eldyste sister and do homage unto her or not. And for asmuch as the said knights have made instance to be certified how it hath been used heretofore within our realm of England in like case/ whereupon at their instance we do you to wite that such a law and custom is in England in this case/ that if any holding of us in chief hap to die having daughters to his heirs our ancestors and we have had always after the death of the father/ and received homage of all the daughters and every of them in this case did hold of us in chief. And if they happened to be within age we have alway had the ward & marriage of them if he were tenant to another lord (the sisters being within age) the lord shall have the ward and marriage of them all/ and the eldyste shall do homage only for herself and all her sisters. And when the other sisters come to full age/ they shall do their service to the lords of the fee by the hands of the eldest sister. And the eldyst upon this occasion may not exact of her younger sisters homage ward or any other subjection/ for when they be all sisters and in manner as one heir to one inheritance/ if the eldyste should have homage of the other sisters or demand ward then the inheritance should seem to be divided/ so that the eldest sister should be segniores and tenant of one inheritance simul et semel/ that is to say heyer of her own part and segniores to her sisters/ which could not stand well together in this case/ for the eldyst can demand no more then her sisters/ but the chief mess by reason of her ancienty. Moreover if the elder sister should take homage of the younger/ she should be as a segniores to them all/ and should have the ward of them and their heirs/ and that should be like as one would commit a lamb to be devoured of a wolf. And therefore we comaunde you that you shall cause the foresaid customs that be used within our realm of England in this case to be proclaimed through out our dominien of Ireland. And further shall cause them to be straightly kept & observed. In testimony whereof. &c. I myself being witness at westminster/ the ix day of February. The xiiii year of our reign. ¶ Here endeth the statute of Ireland. ¶ & statute upon the writ of Quo warranto. FOr as much as writs of Quo warranto and judgements given upon pleas of the same were greatly delayed because the justices in giving judgement were not certified of the kings pleasure therein. Our sovereign lord the king at his parliament holden at westminster after the feast of Easter the xviii year of his reign of his special grace and for the singular affection that he beareth unto his prelate's/ earls/ and barous/ and other of his realm hath granted that all under his allygeaunce aswell spiritual as other which can prove and verify by inquest in the country/ or other wise that they and their ancestors or predecessors have used any mance of liberties whereof they were impleaded by the said writs before the time of ●. richard our Cousin or in our time and have continued hitherto/ so that they have not misused such liberties/ that the parties shallbe aiourned further unto a certain day reasonable before the same justices within the which they may go to our sovereign lord the king with the record of the justices signed with his seal/ and also return. And our sourraygne lord the king by his letters patents shall confirm their estate. And they that can not prove the season of their ancestors in such manners as is before declared shall be ordered and judged after the law and custom of the realm/ and such as have the kings charters shall be judged according to their charters. Moreover the king of his special grace hath granted that all judgements that are to be given in pleas of Quo warranto by his justices at westminster after the foresaid Easter for the king himself/ if the parties grieved will come again before the king/ he of his grace shall give them such remedy/ as before is mentioned. Also our sovereign lord hath granted for sparing the costs & expenses of his people that pleas of quo warranto from henceforth shallbe pleaded and determined in the circuit of the justices/ and that all pleas now depending shallbe aiourned into the shires/ until the coming of the justices into those parties. ¶ Finis. ¶ An ordinance for measures. BY the ordinance of the hole realm of England the measure of our sovereign lord the king was made/ so that an english penny called a sterling round and without any clipping shall way xxxii wheat corns in the mids of the ear/ and twenty d. shall make an ounce/ and xii ounces. ●. ●i. and viii ●i. shall make a gallon of wine/ and viii gallons of wine shall make i bushel London/ which is the viii part of a quarter. ¶ Finis. ¶ A statute for th'exchequer. THe king commandeth that all manner of bailiffs/ sheriffs/ and other officers aswell the justices of Chester & other bailiffs thereof as other that be receivers of wards/ of escheats/ and other bailie wykes shallbe answerable in the exchequer and there shall make account to the treasurer and barons of the same place. And that all sheriffs/ farmers/ bailiffs of franchises and other shall come to proffer in the exchequer the monday after the feast of saint Mychell/ and the monday after the utas of Easter for to pay their terms rents and issues belonging to the king. And shall bring at the foresaid terms the foresaid fermes rents and issues being due holly into th'exchequer as before is mentioned. And if they make default their body shall remain without departing from thence until they have paid or made agreement. And he that will not come at the terms aforesaid shallbe admerced after the custom of th'exchequer/ and the sheriffs & bailiffs at the same terms shall bring and pay such money as they have received of the summons of the exchequer and other the kings debts. And shallbe prepared and ready to make full account of the things aforesaid. And that all bailiffs of franchises which ought to levy the kings debts and be answerable to the sheriffs thereof shall come and accompre sufficiently according to ●he extr●ates of the semons of the exchequer. And such as do not their bodies shall remain in ward of the sheriffs/ and for default of them the sheriffs shall cause the debts so be levied by their ●●ne bailiffs where they have power as they have used ●o do in time passed. And if the bailiffs do not come in at the day that the sheriff shall give them knowledge the she●yfes shall enter into the same iraunchyses and levy the debts with his own hand. Concerning justices of Chester and bailiffs thereof the king willeth that they or one of them shall come at the proffer of saint Mychell every year when they ought to give account unto the king/ and at the proffer of the utas of Easter they shall come likewise & bring in that that they own to the king for that term. And the justices of Chester shall have day to account from year to year in quindena Pasche. And the bailiffs thereof the monday of Easter utas. And that all sheriffs of England except the sheriffs of westmerlande/ lancaster/ worcestre/ Rutland/ and Cornwall shall from henceforth keep all such wards and escheats as belong to the king (which be within their shires and not hold of other fees) of the issues whereof they shallbe answerable in the chequer at the terms aforesaid. And at their turns that they make in their shires they shall find offices of such things as the kings escheators have not used to find of that that belongeth unto the king once or twice in the year/ to as little grievance of the people as they can. And the sheriffs shall seize the escheats that fall to remain unto the king in fee/ and shall ●●tefye the king of them without delays. And the king shall assign three able persons that shall go through out the realm to survey and find the wards and escheats aforesaid from year to year when they shall think requisite. And the sheriffs by their counsel shall approve and let to firm/ or otherwise such wards and escheats as they shall think most for the kings advantage. And in the five shires before named the king will that the sheriff of Comberland shall execute the office of thescaping in the shires of westmoreland and Lan●. And the sheriff of Nothynghan in Rot land. And the sheriff of gloucester in worcestre. And the sheriff of devonshire in Cornwall/ and shall safely keep the king his wards and escheats in the same shires/ and shallbe answerable in the exchequer for the issues of them as well as for their own shires. And the three persons aforesaid shall survey and extend such wards and escheats aswell there as in other places/ and shallbe approved by their counsel. And when the sheriffs do account/ they shall account for such wards & escheats. And in like manner shall the justices of Chestre do/ & their bailiffs also/ every one for his baylewyke. And the said three persons shall keep the kings demeans and shall approve them as they shall think best for the kings advantage/ and shallbe answerable for the issues/ and they shall have power to less small manors or demeans to folk of the same places or to other according to their discretion/ and shall let them to farm from year ●● year/ as they shall think most for the kings advantage. And the farmers shallbe chargeable for their fermes unto the principal approvers/ and they unto the exchequer the monday next after the Ascension from year to year. And the principal collectors of the custom of wols at the two terms before mentioned shall pay all such money as they have received of the said custom/ and shall make account from year to year clearly of all parcels received in any of the ports or other places of the realm/ so that they shall answer for every ship where it was charged/ & how much it carried/ & whose the wols were/ and for every other charge in the ship whereof custom is due/ and for the hole receit. And the warden of the kings wardrobe shall make account yearly in the exchequer in the feast of saint Margarete/ and the treasurer and barons shall be charged by oath/ that they shall not attend to here the pleas or matters of other men/ whiles they have to do with the kings business/ except it be a matter that concerneth the kings own debt. And when a sheriff or a bailiff hath begun his account/ none other shallbe received to account until he that was first admitted hath clearly accounted & his money received/ and that the constable/ marshal/ chamberlain/ & other that are of fee in th'exchequer from henceforth shall present unto the king such as they have put in their places to do their offices which must be of good fame/ and sufficient/ for whose acts themselves will answer. And the king commandeth the treasurer and barons of th'exchequer upon their allygeaunce/ and by the oath that they have made unto him that they shall not assign any in their rooms but such as this act meaneth of/ and that th'exchequer be not charged with more persons than is necessary. And that none of them that be sworn to the king shall put in his room any other clerk or lay person except he be sworn without special license of the treasurer/ and if any be he shallbe forthwith removed from his office. And none other shallbe received in his stead without the kings license. And if any that is received without the treasurers lycens do trespass afterward punishment shall be done aswell to the assygnor as to the assign according to the trespass. And if both be unsufficient their sovereign shallbe punished whether be be office offce or other. And the treasurer shall put no otheri his room until he hath commanded from the king. And if he that keepeth the room of a no thereby lycens of the treasurer doth anything that he ought not to do/ he shallbe punished according to the trespass/ if he have whereof/ and if he have not he that put him in office shall be charged for his trespass/ and if he that put him in office be not sufficient/ his superior shall be charged wether he be of fee or otherwyfe. And they of the house shall make oath that if any of them may perceive that another doth admit any offence or other thing dishonest in the office of the house or that he hath done be fore/ that they shall certify it to the treasurer or to the barons or to any of them or to the king himself if need require. And that between the feast of S. Margarete before that the exchequer be closed/ they shall cause to be searched and styne wether any sheriff or bayllyr that ought to have accounted the same year/ have not/ & thereupon a remembrance or a ●olle shallbe made by itself. And if it ●e a sheriff his account shallbe first ha●d a●ter michaelmas before that any other be received to account. And if he be a bayllyfe he shallbe demanded or distrained to come at a certain day for to account so that no account shall be suffered to slep●. And forasmuch as sheriffs/ co●stables obtain many times outrageous allowances by surmise of the kings charges and other things done & provided by their commandment. It is provided that all surveyors of the kings business shallbe chosen by the oath of xii men/ and of such as will and may attend best to that office. And that they be sufficient to answer the king i● need be/ and shall swear that they shall ●ere true and lawful witness. And if the treasurer or barons of thesc●equer have any in suspection of false allowances of charges or other things the truth must be inquired/ and he that is attainted thereof shallbe charged unto the king/ for asmuch as the allowance amounteth unto/ and shallbe imprisoned one year & xl days/ and shallbe punished at the kings pleasure/ and the over seers shallbe punished for their consent & likewise he that upon thaccount did conceal and keep secret such things whereof he ought to have charged himself/ & shallbe punished in like wise as ●e that admitted such false allowances. And all that justices/ inquerours/ and other shall fromhenceforth deliver into th'exchequer at the feast of S. Mychell from year to year the extreates of fines and amercymentes made and taxed before them and of all things wherefore the extreates are wont for to be delivered there. And they of th'exchequer shall make extreates of the summons through all shears saving that the extreates in ●yer of all pleas shallbe delivered immediately after the eyer made. ¶ Finis. ¶ The statute of essoins made the xii. year of Edward the ii HEre is declared in what wise essoins may be challenged and in what cases essoins do not lie/ an essoin lieth not/ where the land is taken into the kings hands. essoin lieth not where the party is distrained by his lands. essoin lieth not where any judgement is given thereupon if the jurors do come. essoin lieth not where the party was seen in the court. essoin d● ultra mare lieth not whe● another time the party hath been essoined de malo ve●●di. It lieth not wher● the party hath essonyd himself another day. It lieth not where the sheriff was commanded to make the party to appear. essoin de seruicio regis lieth not where the party is a woman. It lieth not in a writ of dowe● where it seemeth to be but a delay of right. It lieth not for that the plaintiff hath not found pledges of suit. I● lieth not where the attorney was essoined. It lieth not where the party hath an attorney in his matter. It lieth not where the party hath an attorney in his matter. It lieth not where the essoyne● confesseth that he is not in the kings service. It lieth not where the somon● is not returned/ or the party not attached for that the sheriff hath returned non est inventus. It lieth not where the party another time was essoined de seruicio regis/ that is to wy●e such a day and now he hath not put in his warrant. It lieth not/ where he was resomoned in assize of mortdaunc●tou● or darr●y● presentment. It lieth not/ because such one is not named in the by his ●●●y●. It lieth not/ where he had a precept to distrain the party for to come/ by his lands and goods. It lieth not where any bishop was commanded to cause the party for to appear. It lieth not/ for that the term is passed. And i● is to be noted that essoynes de seruicio ●n̄i regis/ are allowed after the grand ●ape/ petty cape/ and after distresses taken upon the lands and goods. ¶ Finis. ¶ A statute of the pillory made the. L●. year of king Henry the third. IF a baker or brewer be convict because he hath not observed the assize of bread and ale/ the first second and third time he shallbe amerced according to his offence if it be not over grievous/ but if the offence be grievous and often/ & will not be corrected/ then he shall suffer punishment of the body/ that is to wite a baker to the pillory & a brewer to a tumberel or some other correction/ first vi law full men shallbe sworn truly to gather all measures of the town/ that is to wite bushels/ half & quarter bushels/ gallons/ pottelles'/ and quarts/ aswell of taverns as of other places. Measures and weights/ that is to wite pounds/ half pounds/ and other little weights/ wherewith bread of the town or of the court is weighed that is to say one loaf of every sort of bread/ and upon every measure/ ell/ weight/ & also upon every loaf the name of the owner shallbe written and likewise they shall gather the measures of mills. After which the said xii lawful men shall swear to make true answer to all such things as shallbe demanded of them in the kings behalf upon articles here following/ and such things as be secret they shall utter secretly/ and the bailiff shallbe commanded to bring in all the bakers & brewers with their measures and all things under written/ first they shall inquire the price of wheat that is to wite how a quarter of the best wheat was sold the last market day/ and how the second wheat/ and how the iii and how a quarter of barley and o●es. afterward how the bakers bread in his court doth agre/ that is to wite wastel and other bread after wheat of the best or of the second/ or of the third price. Also upon how much increase or decrease in the price of wheat a baker ought to change the assize and weight of his bread. Also how much wastel ought to way and all other manner of bread after the price of a quarter of wheat that they present. Also for what default in the weight of the bread a baker ought to be amerced/ or to be judged unto the pillory according to the law and custom of his court. Also if any steward or bail life for any bribe doth release punishment of the pillory or tumberell being already judged/ or to be judged of right. Also if they have in the town apyllorye of convenient strength as appertaineth to the liberty of their market which they may use (if need be) without bodily peril either of man or woman. Afterward they shall inquire of the assize and price of wine after the departure of the justices errant or of them that were last in office of the market of the town that is to say of the vyntenar his names/ and how they sell a gallon of wine. Also if any corrupted wine be in his town/ or such as is not wholesome for man his body. Also of the assize of ale in the court of the town how it is/ & whither it be observed/ and also what brewers do sell contrary to the assize/ and they shall present their names distinctly and openly/ and that they be amerced for every default or to be judged to the tumberell/ if they sell contrary to the assize. Also if there be any that sell by one measure/ ● buy by another. Also if any do use false else/ weights or measures. Also if any boucher do sell contagious flesh or that died of a murrain. Also they shall inquire of cooks that seethe flesh or fish with bread or in water/ or in any otherwise that is not wholesome for man his body/ or after that they have kept it so long that loseth his natural wholesomeness/ or seethe it again and after sell it. Also of forestallers that buy any thing before the due and accustomed hour against the good state and weal of the town and market/ or that pass out of the town to meet such things as come to the market buying out of the town to the intent that they may sell in the town more dear (as regrators) than they would that brought them in case that they had comen to the town or market. When a quarter of barley is sold for. it. S. then four quarts of ale shallbe sold for i d. When for ii s. vi d. then vii quarts of ale shallbe sold for ii d. when for iii s. then iii quarts for i d. When for iii s. vi d. then .v. quarts for ii d. When it is sold at four s. then ii quarts at i d. And so fromhensforthe the prices shall dyminyshe and increase after the rate of vi d. ¶ Finis. ¶ The statute of breaking prisons made the first year of Edward the second. ⸫ Concerning prisoners which break the prison our sovereign lord the king willeth and commandeth that fromhensforthe he that hath his prison shall not have punishment of life or member for breaking of the prison only except the matter or cause for which he was imprisoned and taken did require such judgement if he had been convict thereupon unto the law & custom of the realm/ all be it that in times passed it hath been done and used otherwise. ¶ Here endeth the statute of breaking prisons. ¶ The statute of trespassers in parks made the xxi year of the reign of king Ed. 1. TO th'intenten●ent that trespassers in forests/ chases/ parks/ & warrens may more warily eschew and fear hereafter...... to enter and trespass in the same/ then they have heretofore/ our sovereign lord the king at his parliament after Easter the xxi year of his reign at the instance of the nobles of his realm hath granted and commanded to be fromhenceforth firmly observed that if any forestar/ parker/ or warrennat do find any trespassoures wandering within his liberty intending to do damage therein. And that after huc and cry made unto him for to stand unto the peace/ will not yield himself/ but doth continue and execute his malice and dysobeing the kings peace doth flee or defendeth himself with force & arms/ although such forestars/ parkars/ and warrennars/ or any other coming in their company and aiding such fosters/ parkars/ and warrennars in the kings peace/ do kill any offender or offenders being so founden either in arresting or taking them/ or any of them/ they shall not be arraigned upon the same before the king and his justices/ or before any other the king his bailiffs/ or any other within any franchise or without. Nor shall not lose for so doing either life or member/ or suffer any other punishment/ but shall enjoy the kings peace as they did before. notwithstanding let all such forestars/ parkars/ warrennars/ and all other be aware that by reason of any malice/ discord/ debate/ or other evil will had before time/ they do not lay/ nor maliciously pretend against any person passing through/ their liberties that they came thither for to trespass or mysdoe/ when of truth they did nothing nor were not founden as trespassers/ and so kill them/ for if they do and be convict thereupon/ the death of such persons shallbe inquired & execution shallbe done in like manner as is done for other of the kings subjects standing in his peas/ and like as it ought to be done of right/ and according to the law and custom of the realm. Finis. ¶ The statue upon the writ of consultation made the xxiiii year of king Edward i WHere as spiritual judges have oftentimes surceased to proceed in causes moved before them by force of the kings writ of prohibition in cases where as remedy could not be given unto plaintiffs in the kings court by any wry out of the chancery because that such plaintiffs were differred of their right and remedy in both courts aswell temporal as spiritual to their great damage like as the king hath been advertised by the grievous complaining of his subjects. Our sovereign lord the king commandeth that where spiritual judges do surcease in the aforesaid cases by the kings prohibition directed unto them/ that the chancellor/ or the chief justice of the king for the time being upon the sight of the libel of the same matter at the instance of the playntyfif they can see that the case can not be redressed by any writ out of the chancery/ but that the spiritual court ought to determine the matter they shall write unto the judges before whom the cause was first moved that they proceed therein/ notwithstanding the kings prohibition directed to them before. ¶ A statute upon the office of Coroners made the four year of king Edward i ⸫ A Coroner ought to inquire these things if he be certified by the kings bailiffs or other honest men of the country. first he shall go to the places where any be slain/ or suddenly dead/ or wounded/ or where houses are broken/ or where treasure is said to be found/ and shall forthwith command four of the next towns or .v. or six to appear before him in such a place/ and when they are comen thither the Coroner upon the oath of them shall inquire in this manner/ that is to wite/ if they know where the person was first slain/ whither it were in any house/ in the field/ in a bed/ in a tavern/ or in company/ and who were there/ likewise it is to be inquired who were culpable/ ●yther of the act/ or of the force/ and who were present/ either men or women/ ●● of what age so ever they be (if they can speak or have any discretion/ and how many be found culpable by the inque●● in any of the said manners/ whereupon they shallbe taken and delivered to the sheriff/ & shallbe committed to the jail and such as be founden and be not culpable shallbe attached until the coming of the justices/ and their names shallbe written in rolls. If it fortune any man to be slain suddenly which is found in the fields or in the woods first it is to be seen/ whither he were slain in the same place or not/ & if he were brought and laid there/ they shall do asmuch as they can/ to follow their steps that brought him thither/ whither he were brought upon an ●orse or in a cart. It shallbe inquired also if the dead person were known/ or else a straungyer/ and where he lay the night before/ & if any be found culpable of the murder the coroners shall immediately go unto his house/ and shall inquire what goods he hath/ and what corn he hath in his grange/ and if he be a free man/ they shall inquire how much land he hath/ and what it is worth yearly/ & further what crop he hath upon the land. And when they have thus inquired upon every thing/ they shall cause all the land/ corn/ and goods to be balued in like manner as if they should be sold incontinently/ and thereupon they shallbe delivered to the hole town which shallbe answerable before the justices for all. And likewise of his freehold how much it is worth yearly over and above the service due to the lords of the fee/ and the land shall remain in the kings hands/ until that the lords of the fee have made fine for it. And immediately upon these things being inquired the bodies of such persons being dead or slain shallbe buried. In like manner it is to be inquired of them that be drowned/ or suddenly slain/ or strangled by the sign of a cord tied straight about their necks or about any other of their members/ or upon any other hurt found upon their bodies/ whereupon they shall proceed in the form abovesaid/ and if they were not slain/ then ought the Coroners to attach the finders and all other in the company. A coroner ought also to inquire of treasure that is founden/ who were the finders/ and likewise who is suspected thereof/ and that may be well perceived where one liveth riotously haunting taverns and hath done so of long time/ hereupon ve may be attach●● for this suspection by four vi. or ●●o pledges if he may be found. Further if any be appealed of rape he must be attached if the appeal be fresh/ and they must see an apparent sign of truth by effusy● of blood or an open cry made/ and such shallbe by four or vi pledges/ if they may be found. If the appeal were without cry/ or without any many feast sign or token two pledges shall be sufficient. Upon appeal of wounds specially if the wounds be mortal the parties appealed shallbe taken immediately & kept until it be known per●y●ely whither he that is hurt shall recover or not. And if he die the defendant shallbe kept. And if he recover health/ they shallbe attached by iii or six pledges after as the wound is great or small. If it be for a maim he shall find no less than fourth pledges/ if it be for a small wound or a maim two pledges shall suffice. Also all wounds ought to be viewed the length/ breedeth/ and depends/ and with what weapons/ and in what par●e of the body the wound or hurt is/ and how many be culpable/ and how many wounds there be/ and who gave the wound all which things must be enrolled in the roll of the corowners'. Moreover if any be appealed of an act done as principal they that be appealed of the force shallbe attached also and surely kept in ward until the principals be attainted. Con●●●nyng horses/ boats/ carts. &c. whereby any is slain/ that properly are called deodande/ they shallbe valued and delyutred unto the towns/ as before is said. Concerning wrek of the see wheresoever it be found/ if any lay hands on it/ he shallbe attached by sufficient pledges/ and the price of the wrek shallbe valued and delivered to the towns/ if any be suspected of the death of any man being in danger of life/ he shallbe taken and imprisoned as afore is said. In like manner he shallbe levied for all murders/ burglaryes/ and for men slain or in peril to be slain/ as other where is used in England/ and all shall follow ●he hue and steps/ as near as can be. And he that doth not/ and is convict thereupon/ he shallbe attached to be afore the justices of the jail. &c. ¶ Here endeth the statute upon the office of Coroners. ¶ The statute of protections made the xxxiii year of king Ed. i ⸫ EDwarde by the grace of God. &c. To all his true and faithful subjects/ greating. Forasmuch as many do purchase the protection of our sovereign lord the king affirming that they were out of the realm in the kings service. It is provided that if their adversary will challenge the protection/ immediately when it is showed in the court/ will ●uerre that they were within the four sees and out of the kings service in a place certain/ so that they might have conveinently appeared/ their challenge shallbe entered and the matter shall abide without day according to the nature of the protection. And when it shallbe resomoned and the party cometh into the court to demand judgement and to follow his process & offeryth to aver his challenge. If his adversary will attend/ and the country doth pass against him this protection shall torn as a default to him that cast it if he be tenant And if he be demandant he shall les● his writ and shallbe ame●●yed unto the king. Eyven at westminster the xviii day of Novembre/ the xxxiii year of king Edward son of king Henry. ¶ Finis. ¶ The manner of levying fines made the xviii year of king Edward i ⸫ When the writ original is delivered in presence of the parties a pledour shall say this. Sir justice congee daccorder. And the justice shall say to him. Sir R. And shall name one of the parties/ then when they be agreed of the sum of money that must be given to the king/ the justice shall command the peace to be cried/ and after the pledour shall say. In so much as the peace is licensed thus unto you. w. S. and A. his wife that here be do knowledge the manner of B. with the appurtenances contained in the writ to be the right of our sovereign lord the king which he hath of their gift. To have and to hold to him and his heirs of the said. w. &. A. and of theirs of the said. A. as in demeans / tents/ s●ygnouryes/ plces/ purchases/ wards/ marriages/ relyefes'/ e●chetes/ mills/ advowsons of churches/ and all other franchises and free customs to the said manner belonging paying yearly to K. & his heirs as chief lords of the fee the services & customs due for all services. And it is to be noted that the order of the law will not suffer a final accord to be levied in the kings court without the writ original. And that must be at the lest before four justices in the bench or in eyre and not otherwise & in presence of the parties named in the writ/ which must be of full age/ of good memory/ and out of prison And if a woman coveribe one of the parties/ than she must be first examined by four of the said justices. And if she doth not assent thereto the fine shall not be levied. And the cause wherefore such solemnity aught to be done in a fine/ is because a fine is so high a bar/ of so great force & of so strong nature in himself/ that it concludeth not only such as be parties and preveys thereto and their heirs/ but all other people of the world being of full age/ out of prison/ of good memory/ & within the four sees the day of the fine levied/ if they make not they● ●ayme of their action▪ within a year ● a day by the country. ¶ Finis. ¶ A statute of gavelette in London made the ten year of K. Ed. ii IT is provided by our sovereign lord the king & his justices/ & also granted unto the citizens of London/ that archbishop's/ bishops/ crles/ barons and other that have rents in London/ and for some tenements the rents are behind and can not recover those rents/ that it shallbe lawful for them to distran their tenants for the arrearages so long as any thing is found in the fee whereby they may be dystraygned/ & the tenants shallbe impleaded by a writ of gavelet of customs & services which may be well done by their fremen of the city presented in their huystynges for the keeping of their suit/ to gather their rents/ so that if the tenants do knowledge their services/ they shall incontinent & without delay satisfy their lords of their arrearages. And if they deny them their services/ the demandantes shall immediately name two witnesses whose names shallbe enrolled & shall have a day to bring them forth at the next hustynges at which day if they bring forth witnesses and it is showed by them in the full court of they● own sight and hearing that the same plaintiffs have any time received the rents which they demand of the tenements/ then the tenants shall lose their fees by award of the court/ & the plaintiffs shall recover their tenements in demean. If they will knowledge the services unto their lords as before is said/ and likewise they shall recover the arrearages which shallbe doubled/ and they shall give to the sheriff for the wrong full withholding (if they be worth so much) without any grudging the sum of an hundred. s. And if they do not come in after due summons in the huystynges/ then the same fees shallbe delivered unto the plaintiffs in the full huystynges to be holden and kept in their own hands for one ye●● & a day within the which time if the tenants do come unto them and do offer to satisfy them of the arrecages double and to the sheriff for his amercyment as before is said than they shall have their tenements again/ but if it be after one year and a day accomplished/ such tenements shall remain unto the lords of those fees by judgement of the court in their demean for over more. And then such lands shallbe called forsch●k/ because such tenements shall remain for ever in demean to the lords of the fees for the default of the service. The same ordinance shall be kept and observed if the tenants do confess or knowledge the arrearages/ & be not able to make satisfaction therefore/ as it is said before. ¶ Finis. ¶ A statute for knights made the first year of king Edward the second. ⸫ Our sovereign lord the king hath granted that all such as ought to be knights/ & be not/ and have been distrained to take upon them the order of a knight within the feast of the nativity of our lord shall have respite to take the foresaid arms of a knight/ until the utas of saint Hyllarye with out occasion/ and after that they shallbe distrained except they make some other mean. Also he hath granted that if any will complain in the chancery/ because he was distrained. &c. and hath not twenty li. yearly in fee or for term of life and will prove that by the country than it shallbe written unto the more discrete and sage knights of the shire to take the said inquisition/ and if it fortune to be tried so by the same inquest/ he shall have remedy and the distress shall cease. Also if any be impleaded for all his land or for part of the same/ so that the residue be not sufficient to the value of xc li. and can prove the same/ then the distress shall cease until the same plea be determined. Also if any of them be bounden in certain debts awarded in the exchequer for a certain sum to be received yearly out of his lands/ so that the residue thereof doth not amount to the yearly value of twenty li. besides the same sum the distress shall cease until the foresaid debt be clearly paid. And none shallbe distrained to take upon him the order of a knight before that he come unto the age of xxi years. Also none by reason of any land that he holdeth in manners which be now in ancient demean of the crown as a sokeman/ and which land also must give ●allage when the kings demeans are taylled/ shallbe distrained to take upon him the order of a knight. Also of them that hold their lands in socage of other manners then of the manners of the king doing no foreign service/ the rolls of the chancery shallbe searched for the time of the kings predecessors. And it shall be done as it hath used to be done. In like manner shallbe done of clerks being within ordres holding lay fee which should be knights if they were lay. Also none shallbe distrained for his burgage lands/ although they do amount to the value of twenty li. yearly or more. Also they that ought to be knights and be not which have holden their lands in their hands but a small tyme. And likewise knights that do pretend great age/ or default of their members/ or any other incurable disease/ or charge of their children/ or of pleas/ or do allege such necessary excuses/ they shall go unto Roberte Typtofte and Anthonye de Beck/ and shall make fine before them to whom it is enjoined that according to their dyscresyons they shall admit the reasonable fines of all such persons. ¶ Here endeth the statute of knights. ⸫ ¶ A statute of waste made the▪ xx. year of king Ed. i WIllyam Boteller which is within age & in ward of our sovereign lord the king hath showed unto the king that where Gawen Buteller his brother (whose heir he is) had impleaded one walter de Hapeton by the kings writ for waste and destruction made by him in certain his lands and tenements which the same walter held for term of his life of the inheritance of the foresaid Gavin in wymme and Thyrke. And the aforesaid Gavin before he had obtained judgement died. After whose death the aforesaid wyllyam by a like writ impleded the foresaid walter/ for the waste & destruction made by him of long tyme. The same walter before Gylbert Thorneton and his compaygnyons assigned to here the kings pleas came in & said/ that he ought not to answer the same wyllyam for the waste and destruction made in the time of any other & before the right of the said inheritance descended unto him and thereupon demanded judgement. And for as much as certain justices did not agree in giving of the said judgement/ because it seamed to sum that it was not agreeable to the law if another person should obtain advantage & recompense by the foresaid writ which is a writ of trespass done to a person certain/ but only the same person to whom and in whole time the trespass was done. Other justices with the more part of the kings counsel were in the contrary opinion/ alleging by diverse reasons that the said wyllyam ought to be hard and answered unto/ and all other what so ever they be in like cases or in like trespasses/ and for because like matters have remained not amended/ & like trespasses unpunished which was inconvenient. Our sovereign lord the king in his full parliament holden the day after the feast of the Purification in the twenty year of his reign by a general counsel hath ordained/ and from henceforth hath commanded to be straightly observed that every heir in whose ward so ever he be/ and aswell within age as of full age shall have his recovery by a writ of waste in the foresaid case/ and also in other where the same writ ought to hold place/ and it shall hold place aswell for waste and destruction made in lands and tenements of his own inheritance and aswell in the times of his ancestors as at any other time that the fee and inheritance descended unto him and shallbe answered unto therefore. And that he shall recover the lands wasted and damages as it is ordained in the last statute of westminster of damages to be recovered in a wryt of waste if the tenant be convict for the waste. And it is commanded by the king himself unto the same Gylbert Thorneton and his compaygnyons that they do proceed in the foresaid matter/ and in other like fromhensforthe and judgement shallbe given according as the matter is found. And likewise it is commanded unto the justices that they shall cause all the aforesaid things to be straightly observed before them from henceforth. ⸫ ¶ Here endeth the statute of waste. ⸫ ¶ A statute of weights and measures made the. Li. year of K. Henry the third. THe standard bushels/ gallons/ and else shallbe signed with an iron scale of our sovereign lord the king & safely kept under the pain of an hundred. li. And no measure shall be in any town without it do agree with the kings measure/ & marked with the seal of the shear town. If any do sell or buy by measures unsealed and not examined by the mayor or bailiffs/ he shallbe grievously amerced. And all measures of any town both great & small shallbe viewed and examined twice in a year. If any be convict for a double measure/ that is to wite a greater for to buy with/ & a small to sell with/ he shallbe imprisoned for his falsehood and shall be grievously punished. The standard bushels and else shallbe in the custody of the mayor and bailiffs and of six lawful persons of the same town being sworn/ before whom all measures shall be sealed. No manner of grain shall be sold by the heppe or cautel except it be ●tes malt and fetch. ¶ Finis. ¶ The statute of forstallours made. &c. ⸫ IT is commanded on the behalf of our sovereign lord the king that no forstallours shallbe dwelling in any town which is an oppressor of poor people manifestly and a common enemy of the hole shire and country which for greediness of shameful lucre doth prevent other in buying grain/ fish/ herring/ or any other thing to be sold coming by land or water/ oppressing the poor and despising the rich which carrieth away such things intending to sell them more dear. The which coming to merchants strangers that bring merchandise/ offering them to buy and informing them that their goods might be dearer sold than they intended to sell/ & an hole town or a country is deceived by such craft and subtility. first he that is convict shallbe amerced and shall lose the thing so bought/ & that according to the custom & ordinance of the town/ he that is convict the second time/ shall have judgement of the pillory. At the third time he shall be imprisoned ● ransomed/ the fourth time he shall abjure the town/ and this judgement shall be given upon all manner of forstallours and likewise upon them that have given them counsel/ help/ or favour. ¶ Finis. ¶ The statute of prizes. THis article concerning prizes made by king Edward father to our sovereign lord the king that now is among other articles made by him in like manner for the amendment of his people at his parliament at westminster the xxviii year of his reign which article our sovereign lord the king willeth for to be kept to the profit of his people upon the pains contained in the same article. For as much as there is a great grievance in the realm and damages without measure for that that the officers of the kings household as well aliens as denyzens make their prizes there where the pass through the realm and take the goods of the people aswell spiritual as temporal without paying any thing or much leser then the value. It is ordained fromhenceforth that none shall make prizes for the king through the realm but the purueours for the kings house/ & for prizes that they shall make in the country of meat or drink and other necessary things for the house they shall pay or agree with them/ of whom the things were taken and that all the kyngers takers & purveyors shall have from henceforth their warrant with them of the kings great or pette seal containing their power & the kings/ whereof he shall make prizes or purveyance the which warrant they shall show to them of whom they do make their prizes before they do take any thing. And that such takers or purveyors for the king shall not take any more than is necessary or needful for the king/ his household/ and his children. And that they take no thing for such as be in wages nor for no other/ & that he shall answer fully in the wardrobe of the house without making any other where largesse or lya●●● of things taken for the king. And if any purveyor for the kings house by warrant hath made prizes otherwise then is limited before/ upon complaynie made to the steward and to the treasurer of the kings house the truth shallbe inquired/ and if he be attainted thereof agreement shallbe made to the plaintiff immediately and he shallbe put out of the kings service for ever & shall remain in prison at the kings pleasure. And if any make prizes without warrant and doth carray them away against the will of him to whom the goods did belong/ he shall be arrested forthwith by the town where the prise was made/ and carried unto the next jail/ and if he be thereof attainted he shallbe punished as he should be for felony/ if the value of the goods do so require. ¶ Finis. ¶ An ordinance of purchasing liberties made the xxvii year of king Edward i IT is to be understanden that the king ordained at westminster the first day of Apryll the xxvii year of his reign that such as would purchase a new park. Men of religion that would amortyse lands or tenements should have wryttesout of the kings chancery for to inquire upon the points accustomed of such things/ and that ●● quests of lands or tenements that be worth yearly more than twenty li. that is to wite by extent/ be returned into the exchequer and there to make fine for the amortizings or for having a park if the inquests do pass for him that purchased them/ and afterward it shallbe certified unto the chancellor or his depute that he take a reasonable fine therefore according to the quantity of the thing and after to deliver it. In like manner they shall do that will purchase lands or tenements holden of the king in chief. Also folk dwelling beyond the see that have lands/ tenements/ or rents in England/ and will purchase letters of protection or will make general attorneys they shallbe sent unto the exchequer and there shall make their fines/ and fromthens shallbe sent unto the chancellor/ or his deputy/ for that that he ought to do therein. In like manner they shall do that will purchase any fair/ market/ warren/ or any other liberty. Also such as will purchase attermynement of their debts shallbe sent into the exchequer. Also such as be not able to travail and folk that dwell in far counties/ which plead or be impleaded shall have a writ out of the chancery to some sufficient man that shall receive the attorneys when need is. And for a remembrance of these things there is an indenture made divided into three parts/ whereof one part remaineth in the chancery/ another in th'exchequer/ & the third in the garderobe. ¶ Finis. ¶ A statute of the Leap year made the xxi year of K. Henry iii THe king unto his justices of the bench/ greeting. Knoweye that where within our royalme of England it was doubted of the year and day that were wont to be assigned unto sick persons being impleaded when and front what day of the year going before unto another day of the year following/ the year and day in a leap year ought to be taken and reckoned how long it stood. We therefore willing that a conformity be observed in this behalf every where within our realm and to avoid all danger from such as be in plea. Have provided and by the counsel of our faithful subjects have ordained that to eschewe from henceforth all doubt & ambiguyte that might arise hereupon/ the day increasing in the leap year shallbe accounted for ¶ A statute of the extent of a manner made the four year of K. Edward the first. ⸫ first it is to be inquired of castles & also of other buildings dyched about what the walls/ buildings/ timber/ stone/ lead/ and other manner of covering is worth. And how they may be sold according to the very value of the same walls and building. And for how much the buildings without the dyche may be sold/ and what they be worth with the gardens/ curtylages/ dovehouses/ and all other issues of the court by year. It is to be inquired also how many fields are of the demeans/ and how many acres are in every field/ and what every acre is worth by the year. Also how many acres of meadow are of the demeans and how much every acre by itself is worth by the year to be let out. Also how many acres of pasture there be and for what beasts or cattles the same pasture is most necessary/ and how many it will find and of what manner/ and what the pasture of every beast is worth to be let out by the year. Also foreign pasture that is common how many and what beasts and cattles the lord may have in the same/ & how much the pasture of every beast is worth by the year to let. Also it is to be inquired of parks & demean woods which the lord may assarte and improve at his pleasure and how many acres they contain/ and how much the vesture of an acre is worth/ and how much the land is worth after the wood is felled/ & how many acres it containeth/ and how much every acre is worth by year. Also it is to be inquired of foreign woods where other men have common and how much the lord may improve to himself of the same woods/ & how many acres and for how much the vesture of every acre may be sold/ and how much the ground is worth yearly after that the wood is felled/ and how many acres it containeth & what every acre is worth by the year. Also it is to be inquired wether the lord may give or sell any thing of the residue of the foresaid woods/ & what such geftes or sales are worth by the year. Also it is to be inquired of pawnage and herbage of the town and all other profits of forests/ woods/ rivers/ ¶ The new statute of Quo warranto made the xxx year of K. Ed. i ⸫ THe year of our Lord M. CC lxxviii the vi year of the reign of king Edward at Gloucestre in the month of August/ the king himself providing for the wealth of his realm/ and the more full ministration of justice as to the office of a king belongeth (the more discrete men of the realm aswell of high as of low degree/ being called thither) It was provided and ordained that where the realm of England in diverse cases aswell upon liberties as otherwise wherein the law failed/ to avoid the grievous damages and innumerable disherytes that the default of law did bring in/ had need of diverse helps of new laws & certain new provisions/ that these provisions/ statutes/ and ordinances underwritten shall fromhenceforth be straightly and inviolably observed of all the inhabitants of his realm/ where as prelate's/ earls/ barons/ and other of our realm that claim to have diverse liberties which to examine and judge. The king had prefixed a day to such prelate's/ earls/ barons/ and other. It is provided/ agreed and ordained that the said prelate's/ earls/ barons/ and other shall use such manner of liberties/ after the form of writ here following. Rex vic' salutem. Cum nuper in parliamento nostro apud westmonasterium per nos & consilium nostrum provisum sit & proclamatum/ quam prelati/ comites/ barons/ & al●● de regno nostro qui diversas libertates per cartas progenitorum nostrorum regum Anglie habere clamant/ ad quas examinandas & iudicandas diem prefixe●imus in eodem parliamento libertatibus illis taliter uterentur quam nihil sibi per usurpacionem seu occupacionem accrescerent/ nec aliquid super nos occuparent. Tibi precipimus quam omnes illos de come tuo libertatibus suis quibus hucusque rationabiliter usi sunt uti & gaudere permittas in forma predicta usque ad proximum adventum nostrum per comitatum predictum vel usque ad proximum adventum iustic̄ i●inerantiū ad omnia placita in comitatu/ vel donec aliud inde preceperimus saluo semper ture nostro cum inde loqui voluerimus. Teste. &c. In like manner & in the same form And if percase they will challenge/ and say that they are not bounden to answer in the original writ/ then if it may apere by any mean/ that they have usurped any liberties upon the king or his predecessors/ of their own head or presumption/ they shallbe commanded to answer incontinent without writ. And moreover they shall have such judgement as the court of our sovereign lord the king will award. And if they will say further that their ancestors died seized thereof/ they shallbe hard/ and the truth shallbe inquired incontinent/ & according to that/ judgement shallbe given. And if it appear that their ancestors died seized thereof/ then the king shall have a writ out of the chancery in this form. Rex vic' salutem. Sum. perbonos summoni● talem quam sit coram nobis apud talem locum in proximo adventu nostro in comitatu predicto vel coram iusticiarus nostris ad proximam assisam cum in parts 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 suis per totum regnum nostrum. Et habeas ibi hoc breve. Teste. &c. And if they come in at the same day they shall answer/ and if they do not come nor be essoined before the king/ and the king do tarry longer in the same shire such order shallbe taken as is in the circuit of justices. And if the king depart from the same shire they shallbe aiourned unto short days and shall have reasonable delays according to the discretion of the justices/ as it is used in personal accius. Also the justices errand in their circuit shall do according to the foresaid ordinance and accdrding as such manner of pleas ought to be ordered in the circuit. Concerning complaints made and to be made of the kings baylly●es and of other it shallbe done according to the ordinance made before thereupon/ and according to the inquests taken thereupon heretofore/ and the clause subscribed shallbe put in a wryt of common summons in the circuit of the justices assigned to common pleas directed to the sheriff. &c. & that shallbe such. Rex vic' salutem. Precipimus tibi quam publice ꝓclamari facias quam omnes conquerentes seu conqueri volentes tam de ministris et aliis ballivis nostris quibuscunque quam de ministris et ballivis aliorum quorumcunque et aliis ventant coram iusticiarus nostris ad primam assisam ad quascunque querimonias suas ibidem ostendendas and competentes emendas Jude recipiendas secundum legem et consuetudinem regni nostri et juxta ordinationem per nos Jude factam et juxta tenorem statutorum nostrorum/ et juxta articulos eisdem iusticiarus nostris Jude traditos/ prout predicti iusticiaru tibi scire faciant ex part nostra. Teste meipso. &c. decimo die Septembris. Anno regni nostri trigesimo. ¶ Finis. ¶ An ordinance of inquests made the xxxiii year of king Edward the first. ⸫ OF inquests to be taken before any of the justices & wherein our sovereign lord the king is party how so ever it ●e. It is agreed and ordained by the king and all his counsel that from henceforth notwithstanding it be alleged by them that sue for the king that the jurors of those inquests or some of them be not indifferent for the king/ yet such inquests shall not remain untaken for that cause/ that is to say if any of them that sue for the king will challenge any of those jurors/ they shall assign for their callenge a cause certain and the truth of the same challenge shall be inquired whither it be true or not after the discretion of the justices/ so the ordinance precedent & the ordinance following of the forest were made in the parliament at westminster/ the sunday next before the feast of saint Matthew Apostle/ the xxxiii year of the reign of king Edward son of king Henry. ¶ An ordinance of the forest made the xxxiii year of K. Edward the first. Where as certain people that be put out of the forest for the purlyew and by great men/ have made request to our sovereign lord the king at this parliament that they might be acquitted of their charge and of things that the forestars demand of them/ as they were wont to be/ ●ur sovereign lord the king answered first that where he had granted purlyew that he was pleased/ that it should stand in like manner as it was granted/ all be it that the thing were sued and demanded in an evil time/ nevertheless he willeth and intendeth that all his demean lands where so ever they be/ that have been of the crown/ be returned by way of escheat or otherwise/ shall have escheat of free chase and free warren/ and in such manner shallbe saved and kept to his use for all manner of escheats and for all manner of things that pleaseth him. And in right of them that have lands and tenements disafforested for the said purlyew and such as demand to have comen within the bounds of forests. The intent and will of our sovereign lord the king is that from henceforth (where purlyew is) they may claim to be quite of porture of the forests/ and where as the kings beasts can not have their haunt & repair upon the forest ground as they had so long as they were within the forests/ that such folk shall not have common nor other easement within the bounds of the woods nor of the lands the which remain in forest/ but if any of them that be dysaforested by the purlyew would rather be within the forest/ as they were before/ then to be out of the forest/ as they be now. It pleaseth the king very well that they shallbe received thereunto/ so that they may remain in their ancient estate/ and shall have comen and other easement aswell as they had before. Whereupon our sovereign lord the king willeth and commandeth that his justices of the forests on this side Trent and beyond Trent in like manner shall keep and hold and cause to be kept and holden straightly the foresaid points within their liberties in the form above mentioned. ¶ Finis. ¶ A statute of conspirators made the xxxiii year of king Edward i ⸫ WHereit is contained in our statute that n one of our court shall take any plea to champerty by craft nor by engine pleaders/ apprentices/ attorneys/ stewards of great men/ bailiffs/ nor any other of the realm shall take for maintenance or other like bargain any manner of suit or plea through out the realm whereby they that be rich are grieved and poor men travailed in divers manners. It is provided by a common accord that all such as fromhenceforth shall be attainted▪ of such emprises/ suits/ or bargeyns/ and such as consent to such manner of dealing shall have imprisonment of iii years/ and shallbe ransomed at the kings pleasure. Given at Berwyke upon tweed the twenty year of the reign of king Edward. Our sovereign lord the king at the information of gilbert ●owbery clerk of his counsel/ hath commanded that who so ever will complain himself of conspyratours of false quareles/ upholders/ inventors/ and maintainers of false matters & part takers thereof & brokers of debates/ that Gylbert of Thorneton shall cause them to be attached by his writ that they be afore our sovereign lord the king to answer unto the plaintiffs by this writ following. Ker vicec 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 octavis sancti johannis baptist/ ubicunque tunc ●uc●●mus in Anglia ad respondendum predicto. A. de placito conspirationis et transgressionis secundum ordinacionem nostram nuper inde provisam/ sicut ibidem. A. ratinabiliter monstrare poterit/ quod ei inde respondere debeat. Et habeas ibi nomina plegiorum et ho● breve. Teste. &c. ¶ Here endeth the statute of conspirators. ⸫ ¶ An ordinance of measuring land made the xxxiii year of king Edward the first. WHen an acre of land containeth ten perches in length than it shall be in breedeth xvi. perches/ when it containeth xi perches in length than it shall be in breedeth xiiii dim qr. one foot/ when it is xii them xiii. and one foot/ when it is. 13. then. 13. 5. foot. 1. inch/ when. 14. then. 11. foot. 1. inch/ when. 15. then. 10. and dim. 2. foot and dim/ when 16. then. 10. when. 17. then 11. 3. foot. 3. inches and dim/ when. 18. then. 8. dim. 6. foot and dim. 5. inches/ when. 19 then. 8. 6. foot. 4. inches and dim/ when. 20. then. 8. perches/ when. 21. then. 8. perches and dim. 2. foot. 1. inch/ when. 22. then. 7. 1. qnt. 8. inches & dim. when. 23. then. 6. and dim iii inches. 6. foot and dim. when. 24. then. 6. and dim 2. foot and dim. 3. inches. when. 25. then 6. and. 1. qnt. 2. foot/ and dim inch. when 26. then. 5. and dim. 6. foot. 2. inches. when. 27. then. 5. and dim. 3. foot. when 28. then. 5. 7. foot and dim. when. 29. then 5. 7. foot and dim. when. 30. then 5. 6. foot. when. 31. then. 5. 2. foot and dim. when. 32. then. 5. when. 33. then. 4. & dim 1. qr. 1. foot & dim. 1. inch. when. 34. then 4. and dim. 3. foot. 4. inches and dim. 1. qnt. when. 35. then. 4. and. 1. dim. 1. foot. 2. inches and dim. when. 36. then. 4. and 1. qnt. 3. foot. 5. inches and dim. when. 37. then. 4. 1. qnt. 3. foot and dim. when. 38. then. 4. foot and dim. when. 39 then. 4. 1. foot and dim. 2. inches and dim. when 40. then. 4. when. 41. then. 3. and dim. 1. qnt. 2. foot and dim. when. 42. then. 3. 1. qnt 1. foot. when. 43. then. 3. 2. foot and dim. when. 44. then. 3. and dim. 1. foot. and. 5. inches. when. 45. then. 3. and dim. ¶ Finis. ¶ Here followeth the statute of Acton Burnell made the xiii year of K. Ed. i FOrasmuch as merchants which heretofore have lente their goods to diverse persons be greatly impoverished/ because there is no speedy law provided for them to have recovery of their debts at the day of payment assigned. And by reason hereof many merchants have withdrawn to come into this royalme with their merchaundyses to the great damage aswell of the merchuntes as of the hole royalme. The king himself and his counsel hath ordained & established that every merchant which willbe sure of his debt/ shall cause his debtor to come before the mayor of London or of york or of Brystow/ or before the mayor and a clerk (which the king shall appoint for the same) for to knowledge the debt and the day of payment/ & the recognisance shallbe entered into a roll with the hand of the said clerk/ which shallbe known. Moreover the said clerk shall make with his own hand a bill obligatory whereunto the seal of the debtor shallbe put/ with the kings seal that shallbe provided for the same purpose the which seal shall remain in the keeping of the mayor and clerk abovesaid. And if the debtor doth not pay at the day of him limited/ the creditor shall come before the said mayor and clerk with his bill obligatory. And if it be found by the roll and by the bill that the debt was knowledged and that the day of payment is expired the mayor shall incontinent cause the movables of the debtor to be sold as far as the debt doth amount at the praising of honest men/ after the manner of borugh goods devysable until the hole sum of the debt & the money be fully paid to the creditor. And if the mayor can find no bier/ he shall cause the movables to be delivered to the creditor at a reasonable price/ asmuch as doth amount to the sum of the debt. And the kings seal shall be put unto the sale and deliverance of the goods devysable for a perpetual witness. And if the debtor have no movables within the jurisdiction of the mayor whereupon the debt may be levied/ but peradventure hath some otherwhere within the reyalme/ then shall the mayor return the recognisance made before him and the clerk aforesaid unto the chancellor under the kings seal. And the chancellor shall direct a writ unto the sheriff in whose baylewyke that the movables of the debtor hap to be/ and the sheriff shall cause him to agree with his creditor in such form as the mayor should have done/ in case that the movables of the debtor had been within his power. And let them that have praised the movable goods to be delivered unto the creditor/ take good heed/ that they do set a reasonable price upon them/ for if they do set an over high price for favour borne to the debtor to the damage of the creditor/ then shall the thing so praised be delivered unto themselves at such price as they havely mytted/ & shallbe forth with answerable unto the creditor/ & if the debtor will say that the movable goods were delivered or sold for less than they were worth/ yet shall he have small remedy thereby/ for when the mayor or the sheriff have sold the movable goods lawfully to him that offered most/ he may accounted it his own folly that he did not sell his own movable goods himself before the day of the suit (when he might well enough) & so have levied the money with (his own hendes. And if the debtor have no movables whereupon the debt may be levied then shall his body be taken where it may be founden & kept in prison until that he hath made agreement/ or his friends for him. And if he have not where with he may sustain himself in prison/ the creditor shall find him bread & water to th'end that he die not in prison for default of sustenance/ the which costs the debtor shall recompense him with his de●●e/ before that he be let out of prison. And if the creditor be a merchant straungyer he shall remain at the costs of the debtor for so long time as he tarrieth about the suit of his det/ and until the movable goods of the debtor be sold or delivered unto him. And if the creditor do not take the deltour alone for the surety of his payment by reason whereof pledges or maynpernours be founden/ then those pledges or maynpernours shall come before the mayor and clerk abovesaid/ and shall bind themselves by writings and recognysauncec●/ in like manner as the pryn cypall debtor. And in like manner if the debt be not paid at the day limited/ such execution shallbe awarded against the pledges or maynpernours as before is appointed for the debtor. provided nevertheless that so long as the debt may be fully taken & levied of the goods movable of the debtor in form above mencyoned the maynpernours or pledges/ shallbe without damage/ notwithstanding for default of movable goods of the debtor/ the creditor shall have execution of his recognisance upon the maynpernours or pledges in such manner and form as before is lympted against the pryucypall debtor. ¶ Finis. ¶ articles upon the charters made the xxviii year of king Edward the first. ⸫ Forasmuch as the articles of the great charter of the liberties of England and of the charter of forest/ the which king Henry father to our sovereign lord the king granted to his people for the weal of his royalme/ have not been heretofore observed ne kept/ and all because there was no punishment executed upon them which offended against the points of the charters before mentioned. Our sovereign reign lord the king hath again granted/ renewed/ and confirmed them/ at the requests of his prelate's/ earls/ & barons assembled in his parliament holden at westminster the xxviii. year of his reign. And hath ordained/ enacted/ & established certain articles against all them that offend contrary to the points of the said charters or any part of them/ or that in any wise transgress them in the form that ensuyth. 1. first of all that from henceforth the great charter of the liberties of England granted to all the commonalty of the royalme and the charter of forest in like manner granted to be observed/ kept/ and maintained in every point/ in as ample wise as the king hath granted/ renewed/ and confirmed them by his charter. And that the charters be delivered to every sheriff of England under the kings seal so be red four times in the year before the people in the full conntie/ that is to wite the next county day after the feast of S. Myghell and the next county day after the feast of the circumcision and after Easter/ and after the feast of saint johan Babtyste. And for these two charters to be firmly observed in every point and article (where before no remedy was at the common law) there shallbe chosen in every shire court by the commonalty of the same shire three substantial men/ knights/ or other lawful wise and well disposed persons to be justices/ which shallbe assigned by the kings letters patents under the great seal to here & determine (without any other writ but only their commission) such plaint as shallbe made upon all those that commit or offend against any point contained in the foresaid charters/ in the shires where they be assigned aswell within franchises as without. And aswell for the kings servants out of their places as for other/ and to here the plaints from day to day without any delay/ and to determine them without allowing the delays which be at the common law. And that the same knights shall have power to punish all such as shallbe attainted of any trespass done contrary to any point of the foresaid charters (where no remedy was before at the common law) as before is said by imprisonment/ or by fine/ or by amercyment according to the trespass. ●●ll be it the king nor none of his counsel that made this ordinance intend that by virtue hereof any of the foresaid knights shall hold any manner of plea by power for to admit any suit in such cases wherein there hath been remedy provided in times passed after the course of the comou law by writ. Nor also that the common law should be pre●udyced nor the charters aforesaid in any point. And the king willeth that if all three be not present/ or can not at all times attend to do their office in form aforesaid the king commandeth that two of them shall do it. And it is ordained that the kings sheriffs & bailiffs shallbe attendant to do the commandments of the foresaid justices as farforth as appertaineth unto their offices. And besides these things granted upon the articles of the charters aforesaid. The king of his specy all grace for redress of the grievances that his people hath sustained by reason of his wars and for the amendment of their estate/ and to the intent that they may be the more ready to do him service/ and the more willing to assist & aid him in time of need/ hath granted certain articles the which he supposeth/ shall not only be observed of his liege people/ but also shallbe asmuch profitable or more than any of the articles here tofore granted. 2. secondarily forasmuch as there is a common grievance through out the hole realm & damage without measure for that the king and his ministers exact great prizes aswell of aliens as of denyzens where as they pass through the royalme/ and take the goods aswell of clerks as of lay people/ which either pay nothing at all/ or else much less than the value. It is ordained that from henceforth none do take any such prizes with in the royalme/ but only the kings takers and the purveyors for his household/ and that the takers and purveyors of his house shall take nothing/ but only for his household. And touching such things as they shall take in the country of meat and drink and such other mean things necessary for the household/ they shall pay or make agreement with them of whom the things were taken. And that all the kings takers purveyors/ or catours fromhenceforth shall have their warrant with them under the kings great or petty seal declaring their authority and the things whereof they have power to make prise or purveyance the which warrant they shall show to them whose goods they take before that they take any thing. And that those takers/ purveyors/ or catours for the king shall take no more then is needful for the king his household/ and his children. And that they shall not take any thing for them that be in wages/ nor for any other. And that they shall make full answer in the court or in the wardrobe for all things taken by them/ without making their largesse any other where/ or livers of such things as they have taken for the king. And if any taker for the kings house by reason of his warrant make any prise or syvere otherwise then before is mentioned/ upon complaint made to the steward and to the treasurer of the house/ the truth shallbe inquired. And if he be attainted thereof/ he shall forth with make agreement with the party/ and shall avoid the court for evermore/ and shall remain in prison at the kings pleasure. And if any make prise without warrant & carry it away against the will of the owner/ he shall immediately be arrested by the town where the prise was made & shallbe had unto the next jail/ & if he be attainted thereupon/ it shallbe done to him as unto a thief/ if the quantity of the goods do so require. And concerning prizes made infayres/ good towns/ & in ports for the kings wardrobe/ the takers shall have their common warrant under the great seal. And for the things that they shall take/ it shallbe testified under the seal of ●he keeper of the wardrobe/ & the number of the things taken/ the quantity & the value/ whereof there shall be a d●uydende made between the ●akers and the keepers of fairs/ mayor's/ or ●hyef●ayllyfes of towns & ports by the view of merchaun●es whose goods shallbe so taken/ & they shall not be suffered to take any more than is contained in their dy●ydende/ which dyvydende shallbe had into the warde●o●e under the seal of the wardeyn/ mayor/ or chyef●ayllyf aforesaid/ & there shall remain ●●tyl the account of the warde●obe unto the king/ & if it be found that any hath taken other wise than he ought to do/ upon his account he shallbe punished by the keepers of the kings wardrobe after his desert/ & if any make such prizes without warrant & be attainted thereupon/ he shall inc●rr● the same pain/ as they which take prizes without warrant as before is said. Nevertheless the king and his counsel do not intend by reason of this estetute to diminish the kings right for ancient prizes due and accustomed as of wines and other goods but that his right shall be saved to him hole in all points. 3. Concerning the authoritete of stewards & marshals/ & of such pleas as they may hold and in what manner. It is ordained that from henceforth they shall not keep plea of freehold/ neither of det/ covenant/ nor of any contract made between the kings people/ but only of trespass done within that house/ or within the verge/ and of such contracts and covenants that one of the house maketh with another within the house and none other where. And they shall plead no plea of traspas/ except the party were attached by them/ before the king departed from the place where the trespass was committed/ and shall plead them speedily from day to day/ so that they may be pleaded and determined before that the king depart out of the limits of the same verge where the trespass was done. And if it so chance that they can not be determined within the limits of the same verge/ then shall the same pleas cease before the steward/ and be matters determinable at the common law. And frōhen●forth the steward shall not take conusance of debts nor of other things but of such only as concern them of the kings house/ nor shall hold none other plea by obligation at the determination of the steward or the marshal. And if they attempt any thing contrary to this ordinance/ it shall be holden as void. And forasmuch as heretofore many felonies that have been committed within the verge have been unpunished/ & all because the coroners of the country have not been authorized to inquire of felonies done within the verge/ but only the coroner of the kings house/ which never continueth in one place/ by reason whereof there can be no trial made in due manner/ nor the felons put in exigent nor outlawed/ nor no thing presented in the circuit/ the which hath been aswell to the great damage of the king/ as to the disturbance of his peace. It is ordained that fromhensforthe in cases of the death of men/ whereof the coroners office is to make view & inquest/ it shallbe commanded to the coroner of the country that he with the coroner of the kings house shall do as belongeth to his office and enroll it. And that thing that can not be determined before the steward (where the felons can not be attached) or for other like cause/ shallbe remitted to the common law) so that ex●gendes/ ontlawryes/ & presentments shall be made thereupon in the ●●rcuyte by the coroner of the ●tūre aswell as of other felonies done out of the v●erge/ nevertheless they shall not omit by reason hereof to make attachmentes freshe●y upon the felonies done. 4. Moreover no common plea shallbe from henceforth held in th'exchequer contrary to the form of the great charter. 5. And on the other party the king will that the chancellor & the justices of his bench shall follow him/ so that he may have at all times near unto him s●●e that be learned in the laws which be able d●●●y ●● order all such matters as shall come unto the court at all times when ●●d● 〈…〉 choir. 6. 〈…〉 shall no writ from henceforth that 〈…〉 common law go forth under any of the p●●y seals. 7. The constable of the castle of Dover shall not from henceforth hold any plea of a foreign county/ within the castle gate/ except it touch the keeping of the castle/ nor the said constable shall not dystray● the inhaby●auntes of the five ports to plead any otherwhere nor otherwise/ than they ought after the form of their charters obtained of kings for their old franchises confirmed by the great charters. 8. The king hath granted unto his people/ that they shall have election of their sheriff in every shire (where the shryvalte is not of fee) if they West●●. ●, Capt. 58, list. 9 The king willeth & commandeth that no sheriff nor bayllyfe shall impanel in inquests & juries over many persons/ nor otherwise than it is ordained by the statute/ & that they shall put in inquest such as be next neighbours/ most sufficient/ & lest suspicious. And he that otherwise doth & be attainted thereupon/ shall pay unto the plaintiff his damages double/ & shallbe grievously amerced unto the king. 10. In right of conspirators/ false infourmours/ & imbraceous of assizes/ inquests & juries/ the king hath provided remedy for the plaintiffs by a writ out of the chancery. And from henceforth the king will that the justices of either bench assigned to take assizes/ when they come into the country to do their office/ shall upon every plaint made unto them award inquests thereupon without writ/ and shall do right unto the plaintiffs without further delay. 11. And for because the king hath heretofore ordained by statute that none of his ministers shall take no plea for maintenance by which statute other officers were not bound before this tyme. The king will that no office nor any other (for to obtain part of the thing in plea) shall bear any matter that is in suit. Nor none upon any such covenant shall give up his right to another/ & if any do/ and be attainted thereof/ the taker shall forfeit unto the king so much of his lands and goods as doth amount to the value of the part that he hath purchased for such maintenance. And for this atteynd●e/ who so ever will sue for the king before the justices afore whom the plea hangeth shallbe admitted thereto▪ and the judgement shallbe given by them. But it may not be understanden hereby/ that any person shallbe prohybytte to have counsel of pleaders or of learned men in the law for his fee/ or of his next friends. 12. From henceforth the king will that such distresses as are to be taken for his debts shall not be made upon horses of the plough so long as they may find any other upon the same pain that is ordained by the statute. And will not that to great distresses be taken for his debts/ nor driven to far/ and if the debtor can find able and convenient surety for a day within which a man may purchase remedy ●or to agree with the demand/ the distress shall be released in the mean time/ and he that otherwise doth shallbe grievously punished. 13. And for asmuch as the king hath granted the election of sheriffs unto the commons of the shire the king will that they shall choose such sheriffs/ that shall not charge them/ and that they shall not put any office in authority for rewards or bribes. And that they shall not lodge to oft in one place nor with poor persons/ or men of religion. 14. From hensforthe the king will that his bayllewykes & hundreds nor of other great lords of the land be not let to firm at two great soms/ whereby the people is overcharged by making contribution to such fermes. 15. In summons & attachementes in plea of land/ the writs from henceforth shall contain xu days full at the lest after the common law/ if it be not an attahcment of assizes taken in the kings presence/ or of pleas before justices in eyre during the eyre. 16. Such execution shall be done of them that make false returns of writs (whereby right is deferred) as is ordained in the second statute of westminster/ with like pain at the kings commandment. 17. And for as much as there is more increase of malefactors in the realm than is expedient for the common wealth/ & that robberies/ murders/ & manslaughters are committed out of measure/ & the peace little observed/ by reason that the statute which the king not long passed made at wynchestre is not observed. The king will that the same statute be sent again into every county to be red & published four times in the year/ & kept in every point as straightly as the two great charters/ upon the pains therein limited. And for the observing & maintenance of this statute/ the knights that be assigned in the shires for to redress things ●one against the said great charters/ shallbe charged/ & shall have their warrant therefore. 18. For redress of wastes & destructions done by escheators/ or subeschetours in the lands of wards/ as of houses/ woods/ parks/ warrens/ & of all other things that fall into the kings hands. The king will that he which hath sustained damage shall have a writ of waste out of the chancery against the escheator for his act & the subeschetour for his act (if he have whereof) & if he have not/ his master shallbe answerable by like pain concerning damages as is ordained by the statute for them that do waste in wardshyps'. 19 From henceforth where the escheator or the sheriff seize lands into the kings hands (where there is no cause of seyser. And after when it is found no cause/ the profits taken in the mean time have been still retained and not restored/ when the king hath his oustre ie main. The king will that if hereafter any lands be so scasyd/ & after it be out of his hands by reason that he hath no cause to cease nor to hold it/ the issues shallbe fully restored to him/ to whom the land shall remain/ and which hath sustained the damage. 20. It is ordained that no goldesmyth of England nor none otherwhere with in the kings dominion shall not from henceforth gild nor cause to be gilded no manner of vessel/ jewel/ or any other thing of gold or silver/ except it be of the very best alaye/ that is to wite gold of a certain allay/ and silver of the sterling allay/ or of better after the discretion of him to whom the gold belongeth/ and that none gild worse silver then sterling. And that he suffer no manner of vessel of gold or silver to departed out of his hands/ until it be assayed by the wardens of the craft/ and further that it be marked with the lybardes head. And that they work no worse gold than of the towch of paris. And that the wardens of the craft shall go from shop to shop among the goldesmythes to assay if their gold be of the same touch that is spoken of before. And if they find any other then of the touch aforesaid/ the gold shallbe forfeit to the king. And that none shall make rings/ crosses/ nor locks. And that none shall set any stone in gold/ except it be natural. And that gravers or cutters of stones & of seals shall▪ give to each their wheyght of silver (as farforth as they can) upon their fidelity. And the jewels of base gold which they have in their hands/ they shall utter as fast as they can. And from henceforth if they buy any of the same work/ they shall buy it for to work upon and not to sell again. And that all the good towns of England where any goldesmythes be dwelling shallbe ordered according to this statute/ as they of London be. And that one shall come from every good town for all the residue that be dwelling in the same/ unto London for to be ascertained of their touch. And if any goldsmith be attainted hereafter because that he hath done otherwise then before is ordained/ he shallbe punished by imprisonment & shall make fine at the kings pleasure. And notwithstanding all these things before mentioned or any point of them/ both the king & his counsel/ & all they that were present at the making of this ordinance will & intend that the right/ & prerogative of his crown shallbe saved to him in all things. ¶ Finis. THe names and reigns of all the kings of England from the time of king Edward the confessor son to Etheldrede unto our most excellent and victorious prince king Henry the eight/ and how long they reigned and where they be buried. ⸫ 1. EDwarde son of etheldred reigned xxxiii. years and xxxix weeks and is buried and translated at westminster. 2. Harolde son of Goodwyne reigned xl. weeks and two days and was slain by wyllyam conqueror. 3. William the conqueror duke of Normandy began his reign the xiiii day of Octobre/ the year of grace. M lxvii and was crowned the xxv day of Decembre than next following/ & died the ix day of Septembre/ and reigned x●. years. ●i. months and xxii days/ and is buried at Cane in Normandye in the same monastery/ whereof he was foundour/ some books say that wyllyam conqueror died the xi. day of September. 4. William Rufus the conquerors son began to reign the ix day of September the year of grace. M. lxxxxvii. and was crowned the xxvii day of Septembre next following/ & died the first day of August the year of grace. M. C. and so reigned xxii years xi months and xvii days/ and is buried at wynchestre/ and this king made the great a●le at westminster and performed the building of the tower of London/ which julius Cesar began/ and the king of Scots did homage unto him. 5. Henry the first of that name brother to William Rufus began his reign the first day of August the year of grace M. C. and was crowned the .v. day of August next following/ and died the second day of Decembre/ and reigned xxxv. years four months and xi days And is buried at reading. And in the time of this king began the order of canons and the order of templets. 6. Stephen son to Henry the first began his reign the second day of Decembre the year of grace. M. C xxxv And was crowned the xxvi day of Decembre next following. And died the xxv day of Octobre. And reigned xix years xi months/ and xix days. And is buried at Feversham. 7. Henry the second son of Maude Empress and of Geffray plantagenet Erie of Angry began his reign the xxv day of Octobre/ the year of grace. M liiii And was crowned the twenty day of july. And reigned xxxiiii years ix months/ & two days. And is buried at Fountuerard in Normandye. And in the time of this king was found the semele's cote of our lord. And in the time of this king was slain Thomas archbishop of Canterbury. 8. richard the first son of Henry the second began his reign the .v. day of july the year of grace. M. C. lxxxi●. And was crowned the third day of Septembre next following. And died the vi day of Apryl. And reigned ix years ix months/ and xxii days. And is buried at Fountuerarde in Normandye. And in the time of ●his king the jews were slain and banished out of England. 9 johan brother to the said Richard began his reign the vi day of Apryll/ the year of grace. M. C xcix And was crowned the xxvi day of july next following. And died the xix day of Octobre. And reigned, xvii. years & vii months. And is buried at worcester. And in the time of this king the royalme was interdicted. And the city of London with a great multitude of men burned. And in the time of this king began the orders of freres/ minors/ carmelites/ & preachers/ that is to wite/ grey/ white/ and black. And the king of Scots did homage unto him. And this king granted that he and all his successors should be tributaries unto my lord the pope/ paying yearly for England lxx marks and for Ireland two hundred. 10. Henry the third son of king johan began his reign the xviii day of Octobre/ the year of grace. M. CC xvii And was crowned the xvi day of july next following. And died the xvi day of the month of Novembre. And reigned lvi. years vi months & xxviii. days. And lieth buried at westminster. And in the time of this king began the pilgrimage to Bromeholme. And in the time of this king sayncte Thomas of Canterbury & sayncte wolstane of worcester were translated. And this king in the xxii year of his reign made his first voyage into Gascoigne and his two. voyage in the. xxv year of his reign. 11. Edward the first son of Henry the third began to reign the xvi day of Novembre the year of grace. M. CC lxxii And was crowned the ix day of August next following. And died the seven. day of july. And reigned xxxiiii years viii months and ix days. And is buried at westminster. 12. Edward the second his son began to reign the vii day of july the year of our lord▪ M. CCC vii And was crowned the xxiiii day of Februarye next following. And died the xxv day of january. And reigned xix years seven. months and vi days. And lieth buried at Gloucestre. 13. Edward the third son to the second Edward began his reign the xxv. day of january the year of our lord M. CCC xxvi And was crowned the second day of February next following. And died the xxi day of june. And reigned. L. years .v. months and seven. days. And lieth buried at westminster. This king vanquished the Scots at Halydon hill/ in which battle he ●●ewe xxxv. thousand/ and after he took the town and castle of Berwyke. And after he obtained the victory upon the french men in the ●●●el of Sluys where he slew xxx M. of them. 14. richard the second son of Edward/ that was prince of wales & son to Edward the third/ was borne having no skin/ and therefore was kept up in ghote skins/ began his reign the xxi day of june the year of grace M. CCC lxxvii And was crowned the xvi. day of july next following. And died the xxix day of Septembre. And reigned xxii years four months and two days. And is buried at westminster/ & during the reign of this king one jacke straw accompanied with m●ny other rebels of Rent made an insurrection in the realm. And in his time also began the opinions of johan wy●lefe. 15. Henry the fourth so●e to johan of Gaunt duke of Lancastre began his reign the xxix day of Septembre the year of our lord. M. CCC. lxxxxix. And was crowned the xiii day of Octobre next following. And died the twenty day of March. A●d reigned xiii years .v. months and xviii days. And is buried at Canterbury. 16. Henry the .v. son to the said Henry began his reign the twenty day of March the year of our lord. M. CCCC xii And was crowned the ix day of August next following. And died the xxxi day of August/ and reigned ix years .v. months and xxiiii days. And is butyed at westminster. And in the time of this king there was an insurrection of lorlardes made against him in a place called fyckettes field/ but they were taken and hanged. And likewise in his time the dolphin of France in decision sent him a ton full of revys balls into England. And not long after during his reign was the battle of Agyncourt/ at the which a great multitude of french men were slain. 17. Henry the vi son of Henry the. b. began his reign the xxxi day of August the year of grace. M. CCCC xxii. And was crowned the vi day of Novembre the year of grace. M. CCCC xxiii And died the fourth day of March the year of our lord. M. CCCC ix And so reigned xxxviii years vi months and xvii. days. And lieth buried at wyndezor. And in the xxv year of this king the parliament was bolden at S. Edmond's Buty in Suthfolke where Humfrey duke of Elocestre was put to death. And be being but an enfaunt was crowned king of France at Paris. 18. Edward the fourth began his reign the fourth day of March in the year of our lord. M. CCCC lx And was crowned the xxvi day of june next following/ and died the ix day of Apryl And so reigned xxii years one month & viii days/ & is buried at wyndezor. 19 Edward the .v. son to Edward the fourth began his reign the. i●. day of Apryl/ the year of our lord. M. CCCC lxxxiii. and was never crowned. And so his reign dured but two months & xviii. days/ and died in the tower of London. 20. Kycharde the third duke of Gloucestre began his reign the xxii day of june the year of our lord. M. CCCC lxxxii And was crowned the vi day of july next following. And was slain at the battle of Bosworth the xxii day of the month of August/ the year of grace. M. CCCC lxxxvi. And so reigned two years two months and five days. And is buried at leicester. 21. Henry the seventh of that name earl of Rychmonde began his reign the xxii. day of August in the year of our lord. M. CCCC lxxxv. And was crowned the xxx day of October next following. And died the xxi day of Apryl the year of grace. M. CCCCC ix And so reigned xxiii years viii months and seven. days. In the third year of his reign be obtained the victory in battle besides Newer●e against the earl of Lyncolne and Martin swart. And in the xii year of his reign he overcame the commons of Cornewal in Blackbeth field. And the same year he took one Parken warbeck which slanderously and ●●aytorously named himself the second son of king Edward the fourth/ but afterward the same Parken and his master were both hanged at Tyburn for their treason. 22. Henry the eight began his most gracious reign the xxi day of Apryll/ in the year of our lord. M. CCCCC ix And was crowned the xxiiii day of the month of june next ensuing whose most fortunate and prosperous reign almighty God of his great goodness long continue. ¶ Finis. ¶ Here ensuyth a table for the book after the order of the alphabet. abjuration Folio. 115. Able and not able. folio. 110. Accessorye folio. 35. Account. folio. 27. 47. 151. Accusation folio. 7. Ad quod damnum folio. 170. Age. folio. 48. 51. 92. Aid of the king. folio. 140. 141. Aiornement. folio. 4. 83. Alienation. folio. 51. 135. Allowance. folio. 41. amerciament. folio. 5. 26. 27. 38. Admesurement. folio. 68 69. Appelle. folio. 8. 54. 75. Approvementes. folio. 12. 217. Armour. folio. 114. Arestes. folio. 33. 158. Assize. folio. 4. 41. 77. 80. 83. Attachement. folio. 14. attaint. folio. 45. 49. Attorney. fol. 14. 53. 73. 127. 138. 47. Aduouson. folio. 65. Audiendo et terminando. folio. 83. B. Banks and bridges. folio. 5. Bally●es. folio. 7. 89. 177. Bar●s of the exchequer. folio. 125. 127. Bastardy. folio. 17. Bench of the king. folio. 187. Bigamy. folio. 141. C. Castellaynes. folio. 5. 33. Cessavit. folio. 52. 78. Challenge. folio. 177. Champerty. fo. 41. 99 110. 123. 179. 188. chapters. folio. 41. Charter of pardon. folio. 54. Certification. folio. 82. chancery. folio. 79. Chimynage. folio. 13. Churchyards. folio. 104. Clergy & clerks. folio. 5. 28. 32. 117. Collusion. folio. 54. Comen plea. folio. 4. 147. Compos mentis. folio. 135. Conspiracy. folio. 123. 179. 188. Consultation. folio. 159. Contra formam collacionis. fol. 93. Contra formam feoffamen 2. fol. 22. Coperceners. folio. 2. 154. 148. Crop. fol. 14. Corrodie. folio. 116. Coroners. folio. 34. 160. Crown. folio. 5. cousinage. folio. 78. Counter plea of voucher. folio. 48. 129. County. folio. 8. Crosses. folio. 86. Cui in vita. folio. 52. 61. D. Damages. folio. 14. 23. 50. deraign presentment. folio. 4. day. folio. 14. 145. Debt to the king. folio. 3. 5. Debt. folio. 74. 106. deceit. folio. 42. disseisin with force. folio. 45. Distress. fol. 5. 19 20. 25. 27. 36. 37. 89. 123. 189. 115. Dower. folio. 3. 14. 49. 58. 86. Disperagment. folio. 3. E. Elections. folio. 33. 116. 189. Embrasours. folio. 188. Entre. folio. 29. 53. 62. Escape. folio. 32. Exchequer. folio. 151. Eschete. folio. 6. 136. 137. Escuage. folio. 9 essoin. folio. 25. 27. 47. 53. 54. 75. 77. 82. 155. Estretes. folio. 154. 124. Estripament. folio. 55. Exception. folio. 84. Excommunication. folio. 114. 116. Execution. 77. 96. Executors. folio. 78. Exemption. folio. 25. Extorsion. folio. 42. 43. F. False judgement. folio. 27. Fair pleading. folio. 24. 33. Fees of the court. folio. 41. Felony. folio. 158. Felons goods & lands. folio. 137. Farm. folio. 189. Fine to the king folio. 6. fines. folio. 124. 127. 163. Foren. folio. 40. 44. Forest. folio. 10. 158. Forstallers. folio. 168. Frank pledge. folio. 8. 110. G. Gavelkind. folio. 137. jail deliver. folio. 125. Gold smiths. folio. 190. H. Hawks. folio. 12. Homage. folio. 94. 95. 138. 148. Hostery. folio. 102. Houses of religion. folio. 30. 28. 110. Hundredars. folio. 147. I. inquests. folio. 56. 101. Indicavit. folio. 144. joyntenauncie. folio. 142. Ireland. folio. 149. Issues. folio. 90. 91. 124. juris utrum. folio. 79. 89. 188. juror. folio. 27. 84. 118. justice. folio. 19 20. 39 justices in eyre. fol. 26. 27. 73. 150. justices of assize. folio. 83. 175. justices of both benches. folio. 48. K. Knights. folio. 165. L. Lands of felons. folio. 137. Leap year. folio. 171. Liberties. fol. 1. 4. 13. 30. 117. limitation. folio. 7. 45. 98. Lyverey. folio. 146. 190. London. folio. 54. 55. 164. Lords. folio. 8. 25. 70. 88 M. mainprize. folio. 36. 124. Merchants. folio. 7. 105. 181. Marshalsea. folio. 186. 187. Mean. folio. 70. Mordauncetor. folio. 4. 25. 53. 64. Mortmayne. folio. 8. 85. 100 109. Murage. folio. 42. Murder. folio. 28. 54. N. N● injust vexes. folio. 4. Nisi prius. folio. 83. 126. 131. Non claim. folio. 59 nuisance. folio. 79. next friend. folio. 17. 26. 76. O. officers. folio. 42. ordinaries. folio. 77. P. panel. folio. 188. Parks & warrens. folio. 18. 39 158. pain hard & stray●e. folio. 35. Peers of the realm. folio. 5. 7. pillory. folio. 156. pledges. folio. 3. Prison & prisoners. folio. 358. prerogative of the king. folio. 133. Praecipe in capite. folio. 6. Primer season. folio. 133. privilege. folio. 95. Process. folio. 27. 74. 172. 189. prohibition. fo. 120. 121. 113. 114. 115. Protection. folio. 162. Purgation. folio. 32. Purpresture. folio. 141. Purlyewe. folio. 178. purveyors. fol. 6. 30. 43. 169. 185. Q. Quartfield impedit. folio. 14 .lxv. Quarentin. folio. 3. Quod e●deforciat. folio. 64. Quod permittat folio. 79. Quo warranto. folio. 149. 174. R. Rape. folio lu 86. Ravyshement of ward. folio. 8. 7. Records. folio. 70. Redysseson. folio xu 22. 82. Releffe. folio. 2. 138. replevin. folio. 27. 37. 60. Resceyte folio. 62. Residens. folio. 115. Reasonable aid. folio. 44. Return of shrives & bailiffs. 90. 132. Return of beasts. folio. 61. Right. folio. 6. 7. 47. 68 Rivers. folio. 98. Robbery. folio. 101. 102. 186. S. Salmons. folio. 98. Scotall. folio. 11. shrives. folio. 38. 122. 126. 147. Statute merchant. fol. 105. 181. Sturgeons. folio. 136. Suit. folio. 22. Suspection. folio. 103. Swanymote. folio xi T. Tail. folio. 58. Tellers of new●tydynges. folio. 43. tenants in comen. folio. 78. Tenant by the courtesy. folio. 58. Tenure. folio. 100 Tolle. folio. 42. Turn of shrines. fo. 8. 14. 75. Trespass. folio. 18. 30. 39 53. 86. V Vacations folio viii wager of law. folio. 7. warrant. folio li 141 lxviii 92. ward. folio. 2. 3. 7 xvi xxi. 40. 49 lxxvii and lxxxvii waste. folio. 2. 3 xvi 40 lii lxxvi lxxviii C ixvi. C x●. watches. folio. C two. weights and measures. folio. 6. C xi. C l. C lvi. wears. folio .v. vi. widows. folio. 3. 14. 134. Vyewe. folio. 99 witness. folio. C xxxi. women carried away. folio lxxxvi Vourcher. Look in counter plea. wreck. folio. 32. C xxxvi. writs. folio. 53. C lxxxvii. ●●●ry. folio xvi ●●larie. folio ten ¶ Finis. ¶ Thus endeth the book called Magna Carta/ translated out of Latyn & Frenshe into english/ by George Ferrerz. ⸫ Imprinted at London in Fleetstreet/ by me Robert Redman/ dwelling at the sign of the George/ next to Saint Dunston's church. ¶ Cum privilegio Re galj. printer's or publisher's device R. Redman.