¶ The fyrst Chap.

FIrst for wydowes which after the death of theyr husbandes are deforced of theyr dowers / and may not haue theyr dowers or quarētyn without plee / we woll that who so euer deforce them of theyr dowers or quarentyne in the landes wherof theyr husbandes dyed se­sed / and that the same wydowes haue recouered syns by plee / they that be [Page] conuyct of such wrongfull deforcement shal yelde damages to y ^e same wydowes that is to say the value of tho [...]e dower to them belongynge from the tyme of the death of theyr husbandes vnto the daye that the sayd wydowes by iudgemēt of our court haue recouered season of theyr dowers / and the deforcers neuertheles shalbe amerced at the kynges pleasure.

¶ The .ii. Chapiter.

ALso fromhensforth all wydowes may bequethe the croppe of theyr grounde aswell of theyr dowers as of other theyr landes and tenementes. Sauyng to the lordes of the fee all such ser­uyces as be due for ther dowers & other tenementes.

¶ The .iii. Chapitre.

ALso if any be dyssesyd of theyr fre­holde and before the iustyces er­rātes haue recouered season by assyse of nouell dysseson or by confession of them which dyd the dysseson. And the dyssesye hath had season delyuered by the sheryf / if the same dyssesors after the vyage of the iustyces or in meane tyme haue dys­sesed the same playntyf of the same fre­holde & therof be conuyete / they shall be forthwith taken and kept in the kynges [Page 15] pryson vntyl the kyng hath dyscharged thē by raunsome or by som other mean. And this is the fourme how such beyng [...]óuyct shalbe ponyshed when the playn­tyfes com into the courte they shal haue the kynges wrytte dyrected to the she­ [...]yffe in whiche muste be contayned the playnte of dysseson done vpon dysseson. And then it shall be commaunded to the sheryf that he takyng with hym the ke­pats of plees of the kyngꝭ corowne and other lawfull knyghtes in his propre persone go vnto the lande or pasture for which the playnte hath ben made. And that he make by the fyrst iurrors & other neyghbours and lawfull men dylygent inquerye therof / and if they fynde hym dyssesyd agayne (as before to sayd) than let hym do accordyng to the prouysyon afore mēcioned. And if it be found other wyse the playntyfe shalbe amerced / and the other shall go quyte / nor the sheryfe shall not execute any such playnte with­out specyal cōmaundement of the kyng In lyke maner shalbe done to them that haue recouered theyr season by assyse of mor [...]daūcetor. And so of all landes and tenementes recouered in the kynges courte by [...]nqueste if after they be dysse­sed [Page] by y ^e fyrst deforceours agaynst whō they haue recouered any wyse by inquest

¶ The .iiii. Chapiter

ALso because many great men of Engelande whiche haue infeffed knyghtes and theyr freholders of small tenementes in theyr great maners haue complayned that they can not haue profyte of y ^e resydue of theyr maners as of waste woodes and pastures / because the same feffees ought to haue sufficient pa­sture accordyng to theyr holde. Thus it is prouyded and graū [...]ed that whan so euer suche feffees [...]o brynge an assyse of nouell dysseson for theyr comē of pasture And it is knowleged before the iustyces that they haue almoch pasture as suffy­seth to theyr hold and that they haue fre ingate and outgate from theyr lande vnto the pasture / then let them be cōtented therwith / and they on whome it was cō playned shal go quyte of that in so moch as they haue made theyr ꝓfyte of theyr landes was [...]e woodes and pastures. And if they alledge that they haue not suffy­cyent pasture or suffycyent ingate & out­gate accordynge to theyr holde / then let the truth be inquered by assyse. And if it be sounde by the assyse that the same de­forceours [Page 16] haue dysturbed them of theyr ingate or outgate in any thynge or that they had not suffyciēt pasture (as before is sayd) then shall they recouer theyr sea son by vyew of the inqueste / so that by theyr dyscrecyō and othe the playntyfes shall haue suffycient pasture and suffy­cyēt ingate and outgate in fourme aforesayd. And the dyssesors shalbe amerced and shall yelde damages as they were wont before this prouysyon. And if it be certefyed by the assyse that the playn­tyfes haue suffycient pasture with fre ingate and outgate / as before is sayd / let the other make theyr profyte or approuement of the resydue and go quyte of that assyse.

¶ The .v. Chapiter.

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

¶ The .vi. Chapite.

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

¶ The .vii. Chapiter.

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

¶ The .viii. Chapiter.

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

¶ The .ix. Chap.

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

¶ The .x. Chapiter.

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

¶ The fyrst Chapiter.

UUhere as at the tyme of an insur­re [...]yon late moued within this realme and lykewyse after / many great men and dyuerse other refusynge to be iustefyed by the kyng and his court lyke as they ought & were wont in the tyme of the kynges noble progenitours & also in his tyme▪ but [...]oke great ponyshmen­tes & dystresses of theyr neyghbours & of other vntyl they had amēdes & raunsom at theyr owne pleasure. And further som [Page 19] of them wold not be iustefyed by the kynges offycers / nor wolde not suffre them to make delyuere of suche dystresses as they had taken of theyr owne auctorite / It is prouyded agreyd & grauntyd that all persones aswell of hyghe as of lowe estate shall receyue iustyce in the kynges courte. And none from hensforth shall take any such dystres of his owne auctoryte without award of our court though he haue damage or [...]urye wherby he ought to haue amendes of his neygh­bour other hygher or lower. And vpon the foresayd artycle it is prouyded and graunted / that if any from hensforth take such dystresses of his owne auctorite without awarde of our courte (as be▪ fore is sayd) and be conuycte therof / he shalbe ponyshed by raunsome / and that accordyng to the trespas. And lykewyse if one neyghbour take a dystres of ano­ther without awarde of our court wherby he hath damage he shall be ponyshed lykewyse and that after the quantyte of the trespas. And neuertheles suffycient and full amendes shalbe made to them that haue sustayned losse by suche dys­tresses.

¶ The .ii. Chapiter.

[Page]MOrcouer none of what estate so euer he be shall dystrayne any to come to his courte whiche is not of his fee / or haue no iurisdiccyon ouer hym by reason of his hundred or baylewyke / nor shall take no dystresses out of the fee or place where he hath no baylewyke nor iurisdyccyon. And he that offendyth a­gaynste this statute shall be ponyshed in lyke maner / and that accordynge to the quantyte of the trespas.

¶ The .iii. Chapiter.

IF any of what estate so euer he be / wyll not suffer suche dystresses as he hath taken to be delyuered by the kynges offycers after the lawe and custome of the realme / or wyll not suffer somons attachementes or execucions of iudgementes gyuen in the kynges court to be done / he shalbe ponyshed in maner afore sayd as one that wyl not obey the lawe. And if any of what estate so euer he be dystraune his tenaunt for seruyces and customꝭ beyng due vnto hym or for any other thyng / wherby the lorde of the fee hath cause to dystrayne / and after it is found that y ^t same seruyces are not due the lorde shall not therfore be ponyshed by raunsome as in the cases afore sayd / [Page 20] (if he do suffer the dystresses to be delyuered accordyng to the law and custome of the realme) but shalbe amerced as hytherto hath ben vsed▪ & the tenaunt shall recouer his damages agaynste hym.

¶ The .iiii. Chapiter.

NOne frōhensforth shall cause any dystres that he hathe taken to be dryuen out of the countye where it was taken. And if one neyghbour do so to an other of his owne auctoryte without iudgemēt / he shalbe raunsoned (as aboue is sayd) as for a thynge done agaynste the pea [...]e. Neuertheles if the lorde presume so to do agaynste his tenaunt / he shalbe greuously ponyshed by amercyment onely. Moreouer the dystresses shalbe reasonable and not to great. And he that ta­keth great and vnreasonable dystresses shalbe greuously amerced for the excesse of suche dystresses.

¶ The .v. Chapitre.

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

[Page]And wryttes shall be frely graunted a­gaynste them that do offende before the kynge / or the iustyces of the bench / or be fore iustyces errant then they come into those partyes lykewyse the chartour of forestes shalbe obserued in all his arty­cles / and the offenders when they be cō ­uyete shalbe greuously ponyshed by our soueraygne lorde the kynge in fourme aboue mencyoned.

¶ The .vi. Chapiter.

AS touchyngr them that vse to in­fe [...]e theyr eldyst sones and heyres beyng within age for to defraude the lordes of the fee of theyr wardshyps. It is prouyded and agreyd that by occasyon of any such feffement no chyef lord shall l [...]e his warde. Moreouer of them that fayne [...]a [...]se feffementes of theyr landes / which they wold l [...]sse for terme of yeres for to defraude the chyef lordes of theyr wardes. And it is conteyned in the feffementes that they are satysfyed of tho [...]e seruy [...] vnto them vntyll a certayne terme so that if such feffees are bounde at the sayd terme to pay a certayne sum to the value of the same landes or fer aboue / so that after such terme the lande shall retourne to them or to theyr heyres [Page] because no man wylde conten [...] [...]o holde [...] vpon the pryce. It is prouyded and agreyd that by such fraude no chyef lord shall lese his warde / neuertheles it shall not be lefull to them to dyssease suche feffees without iudgement / but they shall haue a wrytte for to haue such a warde restored vnto them / and by the wytnes­ses contayned in the dede of feffement / with other fre and lawfull men of the countre / and by the value of the lande / & by the quantyte of the same payable after y ^t terme it shalbe tryed whyther such feffementes were made vpon confydence or by colusyon to defraude the chyef lordes of the fee of theyr wardes. And if the chyef lordes in such cases recouer theyr wardes by iudgement / the feffees shall neuertheles haue theyr accyon to recouer suche terme or fee / whiche they had therin when the heyres come to theyr lawfull age. And if any chyef lordes do malycyously implede suche feffees fay­nynge this case where the feffementes were made lawfully & vpon truste / then the feffees shall haue theyr damages awarded and theyr costes whiche they haue sustayned by occasyon of the foresayd plee / and the playntyfes shalbe greuously [Page] ponyshed by amercyment.

¶ The .vii. Chapiter.

IN a comon plee of warde if the de­torceours come not at the great dystr [...]es then the sayde wrytte shalbe re­newed twyse or thryse as it may be with in the moy [...]e of the yere folowynge / so that euery [...]yme the wrytte shalbe red in the full shyre (if the deforceour be not founde before) and there openly be de­nounced that he maye come at the daye lymytted / then if he be absent hymselfe so that he come not to aunswer within the sayde ha [...]fe yere / nor the sheryffe can not gette his body to haue it before our iustyces to aunswere accordynge to the lawe and custome of the realme then as a rebell he shall lese the season of the warde / sauyng to hym his accyon at an other tyme / if he haue any ryght to the same. In suche cases where the ward­shyps belonge to the kepars of the war­des beyng within age and where the kepars demaunde the wardshyp which be l [...]geth to theyr inherytaūce / such hey­r [...]y [...]g within age shall not lese theyr [...]nce by the neclygence or rebel ly [...] of theyr kepars / as in the case afore rehersed / but let the comen lawe [...]enne [Page] in lyke maner as it hath ben accustomed to do.

¶ The .viii. Chapiter.

THey whiche be taken and impry­soned for reddyssesyn shall not be [...]elyuered without specyall commaundemēt of the kyng / & shall make fyne with the kynge for theyr trespas. And if it be founde that the sheryf delyuereth any cōtrarye to this ordynaunce he shalbe gre­uously amerced therfore. And neuerthe­les they whiche are so delyuered by the sheryfe without the kynges commaun­dement shal be greuously ponyshed for theyr trespas.

¶ The .ix. Chapitre.

FOr makyng sutes vnto y ^e courtes of great lordes or of meanet per­sones from hensforth this ordre shall be obserued that none that is infested by dead from hensforth shalbe dystrayned to do such sute in the courte of his lord / without he be specyally bound therto by the fourme of his dede. Prouyded alway that this acte shall gyue no benefyte to thē whose aūcetors or they thēself haue vsed to do such sute before y ^e fyrst voiage of y ^e sayd kyng H. into Brytayne / syns which .xxxix. yeres & an halfe are passed vnto the tyme y ^t these statutꝭ were enacted / lykewyse no feffee frō hensforth with [Page] out dede from the tyme of the conqueste or some other auncyent feffement shalbe distrayned to do such sutes without that he or his auncetors vsed to do it before the sayd voyage. And they that are in­fessed by dede to do a certayne seruyce as for free seruyce of so many shyllynges by yere to be acquyted of all seruyce frō hensforth shall no be bound to suche su­tes or to other lyke contrarye to the fourme of theyr feffemēt. And if any inherytaūce wherof but one sute is due discend to many heyres as to parceners he that hath theldyst parte of the inherytaunce shall do that one sute for hymselfe & his felowes / and the other coheyres shall be contrybutaryes accordyng to theyr porciō for doyng such sute. And if in any feffees be sesed of an inheritaunce / wherof but one sute is due the lord of the fee shal haue but y ^t one sute nor shal exact of the sayd inherytaunce but that one sute as hath ben accustomed to be done before. And if those feffees haue no warraunt or meane which ought to acquyte them thē all the feffees accordyng to theyr porcyō shalbe contrybutoryes for doyng the sute for them. And if it chaunce the lordes of the fee to dystrayne theyr tenauntes for [Page] such sutes contrary to this acte / then at the complaynte of the tenauntes the lordes shalbe attached to appere in y ^e kynges courte at a shorte daye to make aunswere therof / and shall haue but one es­soyne therin / if they be within y ^e realme and immedyatly the bestes or other dys­tresses taken vpon this colour shalbe delyuered to the playntyfe. And so shal re­mayne vntyll the plee betwyxte them be determyned. And if the lordes of y ^e courtes which toke such dystresses come not at the daye that they were attached or do not kepe the daye gyuen to them by essoyne then the sheryf shalbe commaunded to cause them to come at another day / at which day if they come not then he shalbe cōmaunded to dystrayne them by all the goodes and catalles that they haue in the shyre / so that the sheryfe shal aunswer to the kyng of the issues of the sayde inherytaunce. And that he haue theyr bodyes before our iustyces at a certayn day lymytted. Se that if they com not at that day the party playntyfe shal go without daye and his bestes or other dystresses taken by that colour shall re­mayne delyuered vntyll the same lordes haue recouered by award of the kynges [Page] courte / and in the meane tyme such dys­tresses shall ceasse / sauyng to the lordes of the court theyr ryght to recouer these sutes in fourme of lawe when they wyll plede therfore / and whē the lordes of the courtes come into aunswer the playnty­fes of suche trespasses and be conuyete therupon then by awarde of the kynges courte the playntyfes shall recouer a­gaynst them y ^e damages that they haue sustayned by occasyō of the sayd dystres lykewyse if the tenauntes after this acte withdrawe from theyr lordes such sutes as they were wonte to do & whiche they dyd before the tyme of the sayde voyage and hytherto vsed to do / then by lyke spedynes of iustyce as of the lymyttyng of dayes and awardynge of dystresses the lordes of the courtes shall optayne ius­ty [...] to recouer theyr sutes with theyr damages in lyke maner as the tenauntes sholde recourt theyrs. And this recoue­ryng of damages muste be vnderstande of withdrawynges frō themselues and not of withdrawynge from theyr auncetors / neuertheles the lordes of the courtes can not recourt season of suche sutes agaynst theyr tenauntes by defaute as they were wont to do / and as touchyng sutes withdrawen before the tyme afore mencyoned / let the comen law [...]n [...] as [Page 24] it was wont before tyme.

¶ The .x. Ca.

For the turues of sheryffes it was prouyded that archbyshops / bys­shops / abbottes / pryouts / erles / barons nor any relygious men or women shall not nede to be there / excepte theyr apparaunce be specyally requyred for some other cause / but the turne shall be kept as it hath ben vsed in the tymes of the kynges noble progenitours / and if there be any y ^t haue hundredes of theyr owne to be kept / they shall not be bounden to app [...]ere at no such turnes but in the lord shyps where they be dwellyng / & the turnes shalbe kepte after the fourme of the great chartour / & as they were vsed ut the tymes of kyng Rych. & kyng Iohā.

IT is prouyded also that that from ¶ The .xi. Chapiter. hensforth nether in the circuyte of iustyces / nor in shyres / courtes / hundredes & court barons no fynes shalbe takē of any mā for fayre pledyng / nor so that any occasiō shalbe. And it is to be knowē that by this acte certayn fynes or lonys assessyd syns the tyme y ^t our soueraygn lord y ^e kyng fyrst passed into Brytayne are not taken away.

¶ The .xii. Chap.

IN a plee of dower that is called (vnde nichil habet) from hensforth foure dayes shalbe gyuen in the yere at the least and mo / if it may conuenyently / [Page] So that they shall haue .v. or. vt. dayes a [...] the teste in the yere in assyses of dar­reyn presentemēt and in a plee of Quare impedit of churches beyng voyde dayes shalbe gyuen from .xv. to .xv. or from .iii. wekes to .iii. wekes as the place happe to be nere or farre. And i a ple of Quare impedit if the dystourbour come no [...] at the fyrste daye that he is so moued nor caste no essoyne / then he shalbe attached at another day / at which day if he come not nor caste none essoyne / he shalbe dys­trayned by the great dystres aboue gy­uen. And if he come not then / by his de­fau [...]e a wrytte shall go to the byshop of the same place y ^t the clayme of the dys­tourbour for that tyme shall not let the playntyf / sauyng to the dystourbour his ryght at another tyme when he wyll plede therfore. The same lawe shalbe obserued in makyng attachementes in all wryttes where attachementes lye as in makyng dystresses / so that the secounde attachement shalbe made by bettar sure tyes and afterwarde the laste dystres.

¶ The .xiii. Chapiter.

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

¶ The .xiiii. Chapiter.

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

¶ The .vii. Chapiter

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

¶ The .xvi. Chapiter.

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

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

¶ The .xvii. Chap.

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

¶ The .xviii. Chapiter

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

¶ The .xix. Capittell.

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

¶ The .xx. Chapiter.

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

¶ The .xxi. cha.

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

¶ The .xxii. Chapiter

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

¶ The .xxiii. Capitter.

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

¶ The .xxiiii. Chapiter

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

¶ The .xxv. Chapiter

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

¶ The .xxvi. Chapiter.

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

¶ The .xxvii. Chapitre.

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

¶ The .xxviii. Chapiter.

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

¶ The .xxix. Chapiter.

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

¶ The fyrst Cha­piter.

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

It is prouyded that none shall come to eate or lodge in any house of relygion that is not of his owne foundacion at the costes of the house without he be re­quyred by the gouernour of the house before he came thyther. And that none at his owne costes shall come in there to lye agaynst the wyll of them y ^t be of the house / and by this statute the kynge en­tendyth not that the grace of hospytaly te shuld be withdrawen frō such as nede [Page] nor that the foūders or patrones of such monasteryes shold ouer charge or greue them by to often comyng. It is prouy­ded also that none neyther hygher nor lower by colour of patent specyalte or other promyse / nor by any other occa­syon / shall not hunte in any parke / nor fyshe in any ponde or ryuer / nor come to ete or to lodge in the house or maner of a pre [...]are / or any other religyous person agaynst the wyll of the lorde or his bayllyfe / neyther at the costes of the lorde / nor at his owne. And if he come in or entre with the good wyll or agaynste the wyll of the lorde or bayllyffe he shall cause no dore / locke / nor wyndow / nor no maner of place to be opened / nor shal not fyshe hymselfe nor none other for hym / nor shall take no maner of vytayll or other thynge by colour of byeng nor otherwyse / and that none shall throsh corne / nor take corne / or any maner of vytayl / nor other goodes of prelate / mā of religyon / or any other clerke or laye person by colour of byeng nor otherwyse agaynste the wyll and lycense of hym to whome the thyng belongeth / nor of any wardeyn within a towne merchaunt or without. And that none shal take horses [Page 31] oxen / ploughes / cartes / shypps / nor bar­ges to make caryage without the assent of hym to whome such thynges belong. And if he do it by the assente of the par­tye / then incontynent he shall paye accordynge to the couenaunte made betwen them. And they that offende these actes and therof be atteynted shalbe commyt­ted to pryson / and after shalbe raunso­med and ponyshed accordyng to the quā tyte and maner of the trespas and after as the kyng in his court shall thynke cō uenient. And it is to be knowen that if they to whome suche trespas was made wyll sue for damages they shalbe therto receyued and awarded and be restored to the double. And they that haue done the trespas shalbe lykewyse ponyshed in the maner aboue sayd. And if none wyll sue the kynge shall haue the suyt as for a thyng commytted agaynst his commaū dement and agaynst his peas. And the kynge shall make inquerye from yere to yere what persones do suche trespasses / after as he shall thynke necessarye & conueniēt. And they that be indyted by such inquestes shalbe attached & dystrayned by the great dystresse to come at a cer­tayne day cōteynyng the space of a mo­neth [Page] in y ^e kynges court or where it shal please the kyng. And if they come not at that daye they shalbe dystrayned of new by the same dystresse for to come at an other daye contaynynge the space of syx wekes at the least / and if they come not then they shalbe iudged as attaynted / & shall yelde double damages (at the kyn­ges sute) to such as haue taken hurte or damage and shalbe greuously raūsomed after the maner of the trespas. And the kynge forbyddeth and commaundeth that none fromhensforth do hurte da­mage or greuaunce to any relygious man or person of y ^e church or any other because they haue denyed me [...]e or lod­gyng vnto them or because that any cō ­playneth in the kynges courte that he hath ben greuyd in any of the thynges aboue mēcyoned. And if any do & therof be attaynted / he shall incurre the payne aforesayd / & it is ꝓuyded y ^t the poyntes afore sayd shall aswell bynd out counsel­lours / iustyces of forestes / and other ou [...] iustyces as any other persons / and that the foresayd poyntes be mayntenyd / ob­serued and kept / lykewyse the kyng for­byddeth vpon great penaltyes that no prelate / abbotte / man of relygyon / or [Page 32] baylyf of any of them or of other receyue no man contrarye to this ordynaunce. And that none shal sende vnto the house or maner of a man of relygyon or of any other persone men horse or dogges to be kepte / nor none shall them receyue / and he that doyth (seyng the kyng hath commaunded the contrary) shalbe greuously ponished / yet it is further prouyded that sheryffes fromhensforth shall not lodge with any of the persones afore mencyoned more then with fyue or syx horses. And that they shall not greue religyous men nor otherby to often comyng or lodgyng neyther at theyr houses / nor theyr maners.

¶ The secounde Chapitre.

IT is prouyded also that when a clerke is taken for gylte of felonye / and is demaunded by the ordynarye / he shalbe delyuered to hym accordynge to the pryuylege of holy churche in suche paryll as belongyth to it after the cus­tome afore tymes vsed. And the kynge warned the prelates and enioy­ned them vppon the faythe / that they owe hym / and for the commen profytte [Page] and peas of the realme / that they which be indyted of suche offences by solemp [...]e inqueste of lawfull men in the kynges courte / in no maner shall be delyuered without due purgacyō / so that the kyng shall not nede to prouyde any other re­medye therin.

¶ The .iii. Chapitre.

IT is prouyded also that nothynge be demaunded nor taken fromhens­forth nor leuyed by y ^e sheryf nor by none other for escape of a thefe or a felō vntyl it be iudged for an escape by the iustyces errant / and he that otherwyse doyth shal restore to hym or them that haue payed it / asmoch as he or they haue taken or receyued / and asmoch to the kyng.

¶ The .iiii. Chapiter.

COncernyng wreckys of y ^e see it is agreyd / that where a mā a dogge or a catte eskape quycke out of the shyp / that suche shyppe nor barge nor any thyng within thē shalbe adiudged wrek but the goodes shalbe saued and kepte by vyew of the sheryf coroner or the kynges bayllyffe and delyuered into the handes of suche as are of the towne where the goodes were founde / so that if any sue for those goodes & after proue that [Page 33] they were his / or peryshed in his kepyng within a yere and a daye / they shalbe re­stored to hym without delay. And if not they shall remayne to the kynge and be seased by the sheryffes / coroners / & bayl­lyffes of the towne which shall aunswer before the iustyces for y ^e wrek belōging to the kyng / and where wrek belongeth to an other then to y ^e kyng he shal haue it in lyke maner. And he that otherwyse doyth & therof be attaynted shalbe awarded to pryson and raunsomed at the kynges wyll and shall yelde damages also. And if a bayllyf do it / & it be dysauowed by his lorde / and the lorde wyll not dys­charge hym therof / the bayllyf shall aunswer if he haue wherof / and if he haue not wherof / the lord shall delyuer his bodye to the kynge.

¶ The .v. Chapiter.

ANd because eleccyons ought to be free y ^e kyng cōmaūdeth vpō great forfayture that no great man nor other by force of armes or menacyng shall dy­stourbe any to make fre eleccyon.

¶ The .vi. Chapiter.

ANd that no cyte / boroughe / towne nor any man be amercyd without reasonable cause / and accordynge to the [Page] quantyte of his trespas / that is to saye / euerye freman sauynge his freholde / a merchaunt sauyng his merchaundyse a vyllayne sauyng his gaynure / and that by his or theyr peerys.

¶ The .vii. Capitter

OF pryses assessyd by constables o [...] castellaynes vpon such folke as be not of the towne where the castell is. It is prouyded that no conestable nor ca­stellayne from hensforth exact any pryse or lyke thynge of any other then of such as be of theyr towne or castell. And that to be payed or agremēt to be made with [...] .xl. dayes / if it be not an auneyēt pryse due to the kynge / or to the castell / or to the lorde of the castell.

¶ The .viii. Chapitre.

ANd y ^t nothyng be taken for fayet pledyng / as hath ben prohybytte heretofore in the tyme of kynge Henry father to our soueraygne lorde that now is.

¶ The .ix. Chapiter.

ANd for as muche as the peas of this realme hath ben euyll obser­ued heretofore for lacke of quyk & freshe sayte makyng after felons in due maner & namely because of sraunchyses where felons are receyued. It is prouyded that [Page 34] al generally / be redy and appareylled at the comaundement and somons of she­ryffes / & at the erye of the countre to sue and arrest felons when any nede is as­well within fraūchyses as without / and they that wyll not so doo and therof be attaynted shall make a greuous fyne to the kynge / and if defaute be found in the lorde of the fraunchyse the kynge shall take the same fraunchyse to hymseife. And if defaute be in the bayllyffe he shall haue one yeres imprysenmēt / and after shalbe greuously raunsomed. And if he haue not wherof / he shall haue impry­sonment of two yeres. And if the sheryf / coroner / or any other baylyf within such fraunchyse or without for reward or for prayer / or for any maner of affynyte concele consent / or procure to concele suche felonyes done in theyr lybertes / or other wyse wyll not attache nor arreste suche felons there as they maye / or otherwyse wyll not do theyr offyce for sauour borne to such mysdoers / and be attaynted ther of / they shall haue one yeres impryson­mēt / and after make greuous fyne. And if they haue not wherof to be raūsomed / then for to haue imprysonment of .iii. yeres.

¶ The .x. Chapiter

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

¶ The .xi. Chapiter.

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

¶ The .xii. Cha.

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

¶ The .xiii. Chap.

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

¶ The .xiiii. Chap.

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

¶ The .xv. Chapiter.

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

¶ The .xvi. Chapitre.

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

¶ The .xvii. Chapitre.

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

¶ The .xviii. Cha­pitre.

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

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

¶ The xix. Chapitre.

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

¶ The .xx. Chapitre.

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

¶ The .xxi. Chapt.

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

¶ The. xrii. Chap.

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

¶ The .xxiii. Chapitre.

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

¶ The .xxiiii. Chapitre.

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

¶ The .xxv. Chapiter.

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

¶ The .xxvi. Chapitre.

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

¶ The .xxvii. Chapiter.

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

¶ The .xxviii. Chapiter.

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

¶ The .xxix. Capiter.

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

¶ The .xxx. Chap.

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

¶ The .xxxi. Chapiter.

OF suche as take vytayll or other thynges to the kynges vse vpon [...]redence / or to the garryson of a castell / or otherwyse / and when they haue receyued theyr payment in the eschequer / ga [...] d [...]robe or otherwhere they witholde it from the creditors to theyr great damage & sklaundre of the kyng. It is prouy­ded for such as haue landes or tenementes that incontynent it shalbe leuyed of theyr landes or of theyr goodes & payed vnto the creditours with the damages that they haue sustayned / & shalbe raun­somed for the trespas / and if they haue no landes nor tenementes / they shall be imprysoned at the kynges wyll. And of such as take parte of the kynges dettes / or other rewardes of the kynges credi­tours for the payment of such dettes. It is prouyded that they shall pay the dou­ble therof and be greuously ponyshed at the kynges plesure. And of such as take [Page] horse or cartes for the kynges caryage more th [...]n is nede and take rewardes to let suche horse or ca [...]s to go. It is pro­uyded that if any of the courte so do / he shalbe greuously ponyshed by the mar­shalles / and if it be done out of the court / or by one that is not of the court / and be therof attayn [...]ed / he shall pay treble damages and shall remayne in the hynges pryson. x [...]. dayes.

¶ The .xxxii. Chap.

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

¶ The .xxxiii. Chapitre.

FOr asmuche as many haue often tymes [...]old [...] newe tydynges wher by dyscorde or occasyon of dyscord hath oftentymes arysen b [...]twen the kynge & his people or great men of this realme / for the damage that hath & maye therof [Page 44] ensue / it is comaunded that from hens­forth none be so hardy to tell or publyshe any false newes or sa [...]es wherby discord or [...]cc [...]syon or dyscord or sklaunder may g [...]w [...] betwen the kyng and his people [...] or the great m [...]n of the realme / and he that [...] kept in pryson / vntyll he be brought in [...] the court which was fyrst au [...]or of the [...]ale.

¶ The .xxxiiii. Chapitre

OF great men and theyr bayllyffes and other (the kynges offycers ex­cepted vnto whom specyall au [...]e is gyuen) which at the co [...]ynce o [...]s [...]t / or by theyr owne authoryte / attache other passynge by the waye wi [...]h theyr goodes compellynge them to aunswere afore them vpō cōtractes couenaūtes & trespasses done out of theyr iurysdiccyon where in dede they hold naught of them nor within the fraunchyse where theyr power is / in pretudyce or the kynge and his crowne and to the damage of y ^e people It is prouyded that none from hensforth so do / and if any [...]o he shall pay to hym that by this occasyon shalbe a [...]ta­ched his damages double and shalbe greuously amerced to the kynge.

¶ The .xxxv. Chapiter.

[Page]FOrasmuch as before this tyme reasonable ayde to make a mānes son knyght or to mary his doughter was neuer put in certayne / nor how much shuld be taken / nor at what tyme / wherby some leuyed outrageous ayde and more often then semed necessarye / wherby the people wer so greued. It is ꝓuyded that from hensforth of an hole knyghtes fee there be taken but .xx. s. And of .xx. li. land holden in socage .xx. s. and of more more / and of les lesse after the rate. And that none shall leuye suche ayde to make his sonne knyght vntyll his sone be .xv. yeres of age / nor to marye his doughter vntyl she be of the age of .vii. yeres. And of that shalbe made mencyon in the kynges wrytte grounded on the same when any wyll demaunde it. And if it happen that the father whē he hath leuyed such ayde of his tenauntes dye before he hath maryed his doughter the executours of the father shalbe bound to the doughter for asmuche as the father receyued for the ayde. And if the fathers goodes be not suffycyent his heyre shalbe charged therwith vnto his doughter.

¶ The .xxxvi. Chapitre.

[Page 45]IT is ꝓuyded also and agreyd that if any mā be attaynted of dysseson done in the tyme of the kyng that nowe is with robborye of any maner of good or mouable by recognysaunce of the as­syse of nouell dysseson / the iudgement shalbe such / that the playntyf shall recouer seson of the lande with his damages aswel of the goodes and mouables afore sayd as of the frehold / and the dyssessour shalbe [...]aunsomed / which whyther he be present or not (so it be presented) shall fyrst be awarded to pryson. And in lyke maner it shalbe done of dysseson with force and armes / although there be no robborye.

¶ The .xxxvii. Chapiter.

FOr as much as certayne people of this realme doubte very lytle to gyue false verdyts or othes (which they ought not to do) wherby muche people are dysheryted and lese theyr ryght. It is prouyded that the kynge of his offyce shall from hensforthe gyue attayntes in plees of lande / or of freholde / or of any thynge touchyng freholde / when it shall seme to hym necessarye.

¶ The .xxxviii. Chapitre.

[Page]ANd forasmuch as it is longe tyme passed syns the wryttes vnderna­med were lymytted. It is prouyded that in conuayeng a dys [...]ēt in a wryt of ryght none shall presume to declare of the season of his auncetour further or beyonde the tyme of kynge Rycharde vncle of kynge Henry father to the kynge that nowe is and that a wrytte of nouell dys­seson of purpartye which is called nuper obiit / haue theyr lymytacyon syns the fyrste voyage of kynge Henry father to the kyng that now is into Gascoygne. And that wryttes of mort dauncetour of cosynage / of ayell of entre / and of [...]y [...] / haue theyr lym [...]tacyon from the coronacyon of the same kynge Henry and not before / but all wryttes purchased nowe by themselues or to be purchased betwē this and the feaste of sayncte Iohan for one yere complete shalbe pleded from as longe tyme as heretofore they haue ben vsed to be pleded.

¶ The .xxxix. Chapitre.

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

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

¶ The .xl. Chapitre.

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

¶ The .xli. Chapiter.

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

¶ The .xlii. Chapitre.

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

¶ The .xliii. Chapiter.

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

¶ The .xliiii. Chapitre.

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

¶ The .xlv. Chapitre.

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

¶ The .xlvi. Chapiter.

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

¶ The .xlvii. Chapitre.

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

¶ The .xlviii. Chapitre.

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

¶ The fyrste Chapiter.

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

¶ The .ii. Cha.

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

¶ The .iii. Cha­pitre.

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

¶ The .iiii. Chapitre.

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

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

¶ The .v. Chapiter.

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

¶ The .vi. Chapiter.

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

¶ The .vii. Chapiter.

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

¶ The .viii. Chapiter.

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

¶ The .ix. Cha­piter.

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

¶ The .x. Cha­piter.

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

¶ The .xi. Chapitre.

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

¶ The .xii. Chapitre

IT is prouyded also that if a man be impleded for lande in the same cyte / and doyth vouche a foreyne to warrauntye / he shall come into the chauncery and haue a wrytte to somon his war rauntour at a certayne daye before the iustyces of the benche and another wryt to the mayer and sheryfes that they sur­ceasse in the matter that is before them by wrytte / vntyll the matter of warraū ­tye be determyned before the iustyces of the benche. And when the warrauntye shalbe ons determyned before the iusty­ces of the benche / then shall the partye warraunted be commaunded to go in to London to aunswer vnto the chyef plee / and a wrytte shalbe awarded for the de­maūdāt by the iustyces vnto the mayer and sheryfes that they passe further vpō the plee. And if the demaundant recouer agaynste the tenaunt / the tenaunt shall come before the iustyces o▪ the benche [Page] that shall dyrecte a wryt vnto the mayer and sheryfes / that if the tenaunte haue loste his lande / that they shall cause the lande to be extended and valued / & shall retourne the extent at a certayne day in [...]o y ^e benche / & after it shalbe commaun­ded vnto the sheryf of the shyre where the warrauntye was somoned that he shall cause the partye warranted to haue as moche of the lande of the warrantour in value / as he lost.

¶ The .xiii. Chapiter.

IT is prouyded also that after such tyme as a plee is moued in the cyte of London by wrytte / the tenaunt shall haue no power to make any waste or estrypament of the lande beynge in de­maund (hangyng the ple) & if he do the mayer and sheryfes shall cause it to be kept at the sute of the demaundant. And the same ordynaunce and statute shalbe obserued in other cyt [...]es / boroughes / & euery where through out the realme.

¶ The .xiiii. Chapitre.

THe kynge of his specyall grace graunteth vnto y ^e cytezyns of Lōdon that where as before tymes they y ^t were dyssesed of theyr freholde in the same cyte coude not recouer theyr dama­ges [Page 56] before the comyng of the iustyces to the towre / that from hensforth the dysse­syes shall haue damages by the same as­syse wherby they recouered theyr landes And y ^e dissesours shalbe amerced by ba­rons of the eschequer whiche shall re­sorte ones a yere into the cyte to do it. And it shalbe commaunded to the barōs and to y ^e treasourer of theschequer that they shall cause it euery yere to be leuyed by two of them / and the amercymentes by the somons of the eschequer to be le­uyed to the kynges vse delyuered vp in the eschequer.

¶ The .xv. Chapiter.

IT is prouyded also / that mayers and bayllyffes before the comynge of the barōs shall inquere of wynes sold agaynste the assyse / and shall presente it before them at theyr comyng / and then to amerce the partyes where before ty­mes they taryed vnto the comynge of the iustyces errauntes.

FIrste concernyng landes that many ¶ The. I. Chapitre. tymes are gyuen vpon condy­cyon that is / where a man gyueth his lande to another and his wyfe / & to the heyres begottē of the bodyes of y ^t same man and wyfe with suche condicion ex­pressed / if that the mā and his wyfe dye without heyres of theyr bodyes betwen them begotten / the lande so gyuen shuld reuerte to y ^e gyuer or his heyre. In case also where landes be gyuen in fre mariage which gyft hath a cōdicyon auuered though it be not expressed in the dede / as thus. That if the same husbande & wyfe dye without heyre of theyr bodies begotten / the lande so gyue shall reuerte to the gyuer or his heyre. In case also where a man gyueth lande to another and to the heyres of his bodye issuyng / it semed ve­ry harde & yet semeth to the gyuers and theyr heyres / y ^t theyr wylbeyng expres­sed in the gyft / was not / nor yet is not obserued. In all the cases afore sayd after issue borne & begotten betwene them to whom the landes were gyuē vnder such condicyon / heretofore suche feffees had power to make alyenacyon of the lande so gyuen / and to dysheryte theyr issue / [Page] contrary to the myndes of the gyuers / and contrary to the fourme expressed in the dede. And further where (the issue faylyng) the lande so gyuen ought to re­tourne to the gyuer or his heyre by fourme of the gyfte expressed in the dede / though the issue if any were / by the dede and feffement of them to whome the landes were gyuen vnder suche condycyon / were barred of theyr reuercyon whiche was dyrectely repugnaūt to the fourme of the gyfte / wherfore our soueraygne lorde the kynge consyderyng how neces­sarye and expedyent it shulde be to pro­uyde remedy in the foresayd cases hath ordeyned that fromhensforthe that the wyll of the gyuer accordyng to the four­me expressed in the dede of gyfte shalbe obserued so that they to whom the land was gyuen vnder suche condycyon shall haue no power to alyene the lande so gyuen / but that it shall remayne vnto theyr issue af [...]er theyr deathe or shall re­uerte to the gyuer or his heyres (if issue fayle) so that there be no issue at all / or if any issue be and fayle by death / or heyre of t [...]e body of suche issue faylynge. Nor the s [...]coūd husband of such a womā shall fromhensforthe haue any thynge in the [Page 59] land so gyuē after the death of his wyfe by the lawe of Englande / nor the issue of the secounde husbande and wyfe shall succede in the inherytaunce / but imme­dyatly after the deathe of the husbande and wyfe to whome the lande was so gyuen / it shall retourne to theyr issue / or to the gyuer or his heyre as before is sayd. And forasmuch as in a newe case / newe remedy muste be prouyded / this maner of wrytte shalbe gyuen to hym that wyll purchase it. Precipe A. (quam) iuste &c. red­dat. B. tale manerium cum pertinen̄ (quam) C. dedit tali viro et tali mulieri et here­dibus de ipsis viro et muliere exeunt / vel (quam). C. dedit tali viro in liberum maritagium cum tali muliere / et (quam) post mor­tem predictor [...] viri et mulieris predicto B. filio corundem viri et mulieris descend [...]e debeat per formam donacionis pre­dicte vt dicit / [...]el quod. C. dedit tali et heredibus de corpore suo exeunt / et quod post mortem illius talis predicto. B. fi­lio predicti talis descendere debeat per formam. &c. The wrytte wherby the gy­uer shall recouer (when issue fayleth) is comen ynough in the chauncery. And it is to wyte / that this statute touchynge alyenacyon of lande contrarye to the [Page] fourm [...] of the gyfte hereafter to be made shall holde place / and shall not extend to gyftes made before. And if a fyue bele­uyed hereafter vpon such landes / it shal­be of no effecte in the lawe. Nor such as the reuercyon belongeth vnto / though they be of full age within England / and out of prysone shall not nede to make theyr clayme.

¶ The .ii. Cha­pitre.

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

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

¶ The .iii. Cha­piter.

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

¶ The .iiii. Chapiter.

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

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

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

¶ The .vi. Chapiter.

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

¶ The .vii. Chapitre.

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

¶ The .viii. Chapiter.

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

¶ The .ix. Chapitre.

UUhen chyef lordes do dystreyne in theyr fee for customes and seruy­ces to them due / & one of them is meane whiche oughte to acquyte the tenaunte where it lyeth not in the mouthe of the [...]nant after that he hath repleuyzed the dystres to deny the demande of the chyef lord / which a [...]oweth in the kyngꝭ court that the dystres is lawfully taken vpon his tenant which is the meane / & many haue ben sore greued by such dystresses / [...]nsomuche as the meane (notwithstan­dyng that he haue suffycyent wherby he may be dystrayned) doyth make longe delayes / before he wyll come into the courte to aunswer for his tenaunt vnto the wrytte of mean / and most harde of al when the mean had nothyng [...]. In case also when the tenant was redy to do his struyces & customes vnto his lorde / and the chyef lorde wolde refuse to take such seruyces and customes by the handes of [Page] any man but onely for his nexte tenant / and so such tenātes in demeane lost som­whyles the profytes of theyr landes for a tyme and somewhyles for theyr hole tyme / and hytherto no remedy hath ben prouyded in this case. A remedy is pro­uyded in this fourme / that so sone as the tenant in demean (hauynge a mean be­twene hym and the chyef lorde) is dys­trayned / incontynēt the tenant shall purchase his wrytte of mean / & if the mean hauynge lande in the same countye ab­sent hymselfe vntyll the great dystres be awarded / the playntyfe shall haue suche daye gyuen hym in his wrytte of great dystresse / within whiche .ii. shyrecourtes maye be holden / and the sheryf shalbe cō maunded to dystrayne the mean by the great dystres lyke as it is contayned in the wrytte / and neuertheles the sheryf at two ful shyrecourtes shal cause to be proclaymed solempnly / that the mean doo come at a daye contayned in the wrytte for to aunswer his tenant at which day if he come / the plee shall passe betwene them after the comen vsage / and if he do not come the mean shal lese the seruyces of his tenant / and after that / the tenant shall not aunswere hym in any thynge / [Page 71] but (the menaltye beyng gone) he shall aunswere vnto the chyef lorde for suche seruyces and customes as the mean vsed to do before that tyme / nor the chyef lord shall haue no power to dystrayne so long as the aforesayd tenant dothe offer hym the seruyces and customes due. And if the chyef lorde exacte more of hym then the mean was wont to do / the tenant in such case hall haue agaynst hym all such excepcyons as the mean shulde. And if the mean haue nothyng within the kynges domynyon / neuertheles the tenant shall purchase his wrytte of mean of the sheryf of the same shyre where he is dys­trayned. And if the sheryf retourne y ^t he hath nothynge wherby he may be somoned / then shall the renant sue his wrytte of attachmēt. And if the sheryf returne / that he hath nothyng for to be attached by / he shall sue neuertheles his wrytte of great dystres / and proclamacion shalbe made in fourme abouesayd. And if the meane haue no lande in the shyre where the dystres is taken / but hathe lande in some other shyre / then a wrytte oryginal shall issue to somone the mean before the sheryf of the same shyre (where y ^e distres is taken) and when it is testefyed by the [Page] sheryf that he hath nothyng in his shyre a wrytte iudy [...]y all shall issue to someone the meane before the sheryf of the same shyre / where it was testefyed y ^t he had lande / and sute shalbe made in the same shyre / vntyll they haue passed vnto the great dystres / & proclamacyon as aboue is sayd where the mean hath laud in y ^e same shyre in which the dystres is taken And neuertheles sule shalbe made in the same shyre where he hath nothynge▪ as aboue is sayd of the mean that hath no­thynge / vntyll the processe come to the great dystres and proclamacyon & after proclamacyon made in bothe countyes / the mean shalbe for iudged of his fee and seruyce. And where it happeneth many tymes that the tenant in demeane is in­fected to holde by lesse seruyce then the meane ought to do vnto the chyef lorde when after such proclamacion the tenāt hath attorned vnto the chyef lorde / and the meane putte out / the tenant muste of necessyte aunswere vnto the chyef lorde for all suche seruyces and customes as the meane was wont to do to hym. And after that the meane is come into the courte and hath confessed that he ought [Page 72] to acquyte his tenaunt / or he is compel­led by iudgemēt to acquyte / if after such confession or iudgement / it is complay­ned / that the meane doyth not acquyte his tenaunt / then shall issue a wrytte iu­dycyall / that the sheryf shall dystrayne the mean to acquyte the tenaunt and to be at a certayne daye before the iustyces / for to shewe why he hathe not acquyted hym before / and when they haue proce­ded vnto the great dystres the playntyf shall be harde / and if the playntyfe can proue that he hathe not acquyted hym / be shall yelde damages / and by awarde of the courte the tenaunt shall go quyte from the meane / and shall atturne vnto the chyef lorde. And if he come not at the fyrste dystres / a wrytte shall go forth to dystrayne hym agayne / and procla­macyon shalbe made / and as sone as it is testefyed / they shall procede to iudge­ment as before is sayd.

And it is to be vnderstanden / that by this [...]statute tenantes are not forebar­ted but they shall haue warrauntye of the meanes and theyr heyres / if they be unpleded / as they haue had before / [Page] nor also the tenauntes be not forebarred but that they maye sue agaynste theyr meanes as they vsed heretofore / if they see that theyr aduauntage may be more by the olde custome then by this estatute And it is to wyte / that by this estatute no remedye is prouyded to any meanes / but onely in case when there is but one mean betwen the lorde that dystrayneth and the tenant. And but in such case onely where the mean is of full age / and but in such case where the tenant may astorne vnto the chyef lorde without preiu­dyce of another then of his mean / which is spoken for women holdyng in dower / and tenantes by the curtezye / or other­wyse for terme / of lyfe / or in fee taylle vn­to whome for certayn causes remedye is not yet prouyded / but (god wyllynge) there shalbe.

¶ The. x Chapitre.

UUhere as in the circuyte of the iu­styces it was proclaymed that all such as wolde delyuer wryttes shuld de­lyuer them within a certayne tyme after which no wrytte shulde be receyued / many trustyng vpon the same and taryeng vntyll the sayd tyme and no wrytte set­ued vpon them / departed by lycense of y ^e iustyces / after whose departure theyr [Page 73] aduersaryes perceyuynge them absente delyuer theyr wryttes in waxe / whiche many tymes by fauour and sometymes for rewardes be receyued of the sheryf / & they y ^t thought to haue departed quyte lese theyr landes. For the remedye of suche fraude / from hensforth the kynge hath ordayned that the iustyces in theyr cyrcuytes shall appoyute a tyme of .xv. dayes / or of a monethe / or a tyme more or lesse (after as the countye shall happē to be more or lesse) within which tyme it shalbe openly proclaymed that all suche as wyll delyuer theyr wryttes shall de­lyuer them before the same terme. And when the tyme comyth the sheryf shall certefye the chapitres before y ^e iustyces erraūt / how many wryttes he hath and what / and that no wrytte be receyued after the same tyme / and if it be receyued the processe issuynge therupon shalbe of none effecte / but onely that a wrytte abated any tyme duryng the circuyte shalbe amended. Also wryttes of dower of men that dyed within the somons of the cir­cuyte / assyses of darreyn presentment / Quare impedit of churches vacant af­ter the foresayd somons at any tyme be­fore the departure of the iustyces shalbe [Page] receyued in the circuyte / also wryttes of nouell dysseson shalbe receyued in the circuyte of iustyces. The kynge of his spe­cyall grace graunteth that such as haue lande in dyuers shyres / where the iusty­ces make theyr circuyte / and that haue lande in shyres where the iustyces haue no circuyte / that feare to be impleded / & are impleded of other landes in shyres / where they haue no circuyte / as before the iustyces at westmynster or in y ^e kynges benche / or before iustyces assygned to take assyses / or in any shyre before sheryfes or in any court barō / may make theyr generall attorney to sue for them in all plees in the circuyte of iustyces moued or to be moued for thē or agaynst them / duryng the circuyte / which attor­neys shall haue full power in all plees beyng moued duryng the circuyte vntyll the ple be determyned / or that his mays­ter do dyscharge hym / nor they shalbe excused therby / but that they shalbe put in iuryes and assyses before the same iu­styces.

¶ The .xi. Chapiter.

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

¶ The .xii. Chapitre.

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

¶ The .xiii. Chapitre.

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

¶ The .xiiii. Chap.

UUhere as for waste done in the in­herytaunce of any person / by gar­deyns / tenantes in dower / tenantes by the curtezye / or otherwyse for [...]e [...]me of lyfe / or yeres / a wrytte of prohybicyon of waste hath ben vsed to be graunted / by whiche wrytte many were in doute / thynkynge that suche as had done the [Page] waste shulde not nede to aunswere / but onely for waste done after the prohiby­cion to them directed. Our soueraygne lorde the kynge to putte this case out of doute from this tyme forth / hath ordey­ned that of all maner of waste done to y ^e hurte of any persone there shalbe from­hensforth no wrytte of prohybuciō / but onely of somons / so that he of whom the complaynt is / shall aunswere for waste done at any tyme / and if he come not af­ter the somons / he shalbe attached / and after the attachement he shalbe dystray­ned / and if he come not after the dystres the sheryf shalbe comaunded that in pro­pre person he shal take with hym .xii. &c. and shal go to the place wasted / and shal inquere of the waste done & shall retour­ne an inqueste / and after the inqueste re­tourned / they shal passe to iudgem̄t / lyke as it is contayned in the statute made at Gloucestre.

¶ The .xv. Chapitre.

IN all cases where as suche as be within age maye be impleded it is ordeyned / y ^t if such be [...]loygned so that they can not sue personally / theyr nexte frendes shalbe admytted to sue for them.

¶ The .xvi. Chapiter.

[Page 77]IN case where any land descendyth to one beynge within age of the fa­thers syde that helde of one lorde / and of the mothers syde that helde of another lord / there hath ben hytherto great dout for the maryage of such heyre / to which of the two lordes it shulde belonge. It is agreyd / that the same lorde shall from▪hēsforth haue the maryage / whose aun­cetour was fyrste infeffed / not hauynge respecte to the gendre / nor to the quan­tyte of the lande / but onely to the more auncyente feffement by knyghtes ser­uyce.

¶ The .xvii. Chapitre

IN the circuyte of the iustyces an essoyne de malo lec [...] / shall not be fromhensforth allowed for lādes in the same / shyre oneles he that caused hym­selfe to be essoyned be syke in dede / for if the demaundant except / that the tenant is not syke nor in such plyte / but that he may come before the iustyces / his chal­lenge shalbe admytted. And if it can be so proued by inqueste / the essoyne shalbe tourned to a defaute. And frōhensforth suche essoyne shall not lye in a wrytte of ryght betwene two claymynge by one dyscente.

¶ The .xviii. Chapiter.

[Page]UUhere dette is recouered or knowledged in the kynges court / or da­mages awarded it shalbe frōhensforthe in the eleccyō of hym that suyth for such dette or damages to haue a wrytte of Fieri facias vnto the sheryf for to leuye the dette vpon the landes and goodes of the dettour / or that the sheryf shall dely­uer to hym all the landes and goodes of the dettor / sauyng onely his oxen & bea­stes for his ploughe and the one halfe of his lande vntyll the dette be leuyed or vpon a reasnable pryce extended. And if he be putte out of the lande / he shall re­couer by a wrytte of nouell dysseson▪ and after that by a wrytte of redysseson if nede be.

¶ The .xix. Chapitre.

UUhere as after the deathe of a persone dyeng intestate / whiche also was bonden to some other for dette / the goodes come to the handes of the ordy­narye for to be dysposed / fromhensforth the ordynarye shalbe bonde to aunswere as ferforthe as the goodes of the dede persone wyll extende / lyke as the executours shulde haue ben boundē / if the partye had made testamēt.

¶ The .xx. cha.

UUhere as the iustyces in a plee of mortdauncetour haue vsed to ad­mytte the aunswere of the tenant / that the playntyfe is not nexte heyre of the [Page 78] same auncetor by whose death he demasideth the lande / & is redy to inquyre the same by assyse / it is agreyd that in wryt­tes of cosynage / ayel / and besayel / which be of lyke nature / his aunswere shalbe admytted and inquered / and accordynge to the same inquerye the iudgemēt shall passe.

¶ The .xxi. Chapiter.

UUheras in a statute made at Gloucestre it is contayned / that if any lesse his land to another to paye the va­lue of the .iiii. part of the lande or more / the lessor or his heyre (after that the payment hathe ceassed by two yeres) shall haue an accyon to demaūde the lande so lessed in demean. In lyke maner it is a­greyd that if any witholde frō his lorde his due & accustomed seruyce by y ^e space of two yeres / the lord shal haue an accyō to demaūde the lande in demean by such a wrytte. Prec. A. (quam) iuste. &c. reddat B. tale ten̄ quod A. de eo tenuit per tale ser­uiciū / et (quam) ad prectt̄ B. reuerti debet / eo (quam) p̄dictꝰ A. in faciendū predictū seruiciū per bienniū cessauit / vt dicit. And not only in this case / but also wheras any mencyon is made of the sayd statute of Gloutestre / wryttes of entre shall be made to the heyre of the demaundāt agaynst the heyre of the tenant / & agaynste them to Whō such land is alyened.

¶ The .xxii.

[Page]UUheras two or mo do hold wood / turfelande / or fysheponde in com­mune wherin none knoweth his seue­ral / and some of them do waste agaynst the myndes of the other / they shall haue accyon by a wrytte of waste. And when it is passed vnto the iudgement / the de­fendaunt shall chuse eyther to take his parte in a▪ place certayne by assygnemēt of the sheryf / and by the viewe and othe of his neyghbours sworne and tryed for the same intent / or els he shalbe content to take nothyng fromthēsforth / but as his felowes wyll / & if he do chuse to take his parte in a place certayne / the place wasted shalbe assygned for his part after as it was before the waste made. And there is suche a wrytte in this case / that is to say. Cum A. et B. teneant boscum pro indiuiso B. fecit vastum. &c.

¶ The .xxiii. Chapitre.

Executors fromhensforth shall haue a wrytte of accounte / and lyke ac­cyon and processe in the same wrytte as theyr testatour had and shuld haue if he had lyued.

¶ The .xxiiii. Chapiter.

IN cases wheras a wrytte is graū ­ted out of the chaūcery for the dede of any man the playntyfes fromhens­forthe [Page 79] shall not passe from the kynges court without remedy / because the lande is alyened from one to another. And in the regystre of the chauncery there is no specyal wrytte founde in this case / as of a house / a walle / a mercatt / a wrytte is graunted agaynst hym that leuyed it to the nusaunce. And if the house / walle or suche lyke be alyened to another / the wrytte shal not be denyed / but fromhensforth where in one case a wrytte is graū ted in lyke case whē lyke remedy fayleth / as is before the wrytte shalbe made. Questus est nobis A. quod B. iniuste. &c. le [...]auit domum / murum / mercatum / et alia que sunt ad nocumentum liberi te­nementi sui. And if the thynges leuyed be alyened frō one to another / the wryt shalbe thus. Questus est nobis A. quod B. et C. leuauerunt. &c. In lyke maner is a persone of a church may recouer co­mon of pasture by a wrytte of nouel dys­seson / lykewyse fromhensforth his suc­cessour shall haue a Quod permittat a­gainst the dyssesour of his heyre though a lyke wrytte were neuer graunted out of the chauncery before. In lyke maner as a wrytte is graūted to trye whyther lande be the fre almes of such a church / [Page] orels lay fee / frōhensforth a lyke wrytte shalbe gyuē to trye whyther it be the fre almes of this churche or of another churche / if it be alyened to the possession of another church. And fromhensforth as often as it shal fortune in the chauncery that in one case a wrytte is founde and in lyke case fallyng vnder lyke law & ne­dyng of lyke remedye is found none: the clerkes of the chaūcery shall agre in ma­kyng the wryt / or the plaintyfes may ad iourne it vntyll the next parlyamēt / and let the cases be wrytē in whiche they can not agree / & let thē referre thēselues vn­tyl the nert parlyamēt / then by cōsent of men learned in the lawe a wrytte shalbe made / lest it myght happen afterwarde that the kynges courte myght fayle to minystre iustyce vnto the sutors.

¶ The .xxv. Chapitre.

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

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

¶ The .xxvi. Cha­pitre.

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

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

¶ The .xxvii. Chapiter.

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

¶ The .xxviii. Chapitre.

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

¶ The .xxix. Chapitre.

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

¶ The .xxx. Chapitre.

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

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

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

¶ The .xxxi. Chapitre.

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

¶ The .xxxii. Chapitre.

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

¶ The .xxxiii. Cha­piter.

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

¶ The .xxxiiii. cha. pytre.

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

¶ The .xxxv. Chapitre.

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

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

¶ The .xxxvi. cha.

FOr asmuche as lordes of courtes and other that kepe courtes and stewardes intendynge to greue th [...]yr tenauntes where they haue no lawfull meane so to do / procure other to moue matters agaynste them and to putte in suretye & other pledges / or to purchase wryttes / and at the sute of suche playntyfes compell them to sue at shyrecourtes / hundredes / wapētakes / & other lyke vntyll they haue fayned with them at theyr wyll. It is ordayned that it shall not be so vsed hereafter. And if any be attached vpon suche false complayntes he shall repleuye his dystres so taken / and shal cause y ^e matter to be brought afore iustyces before whome if the sheryf / bayllyf / or other lorde (after that the partye dystrayned had so formed his playnte) [Page 89] wyll anowe the dystresse lawfully taken by reason of such complayntes made vnto them / & it be replyed that such playn­tes were moued malycyously agaynste the partye by the meanes or procuryng of the sheryf / bayllyf / or lorde the replycacyon shalbe admytted / and if they be cō ­nycte hereupon they shalbe raunsomed vnto the kynge / and shall neuertheles restore treble damages to the partyes gre­ued.

¶ The .xxxvii. Chapitre.

FOr asmuche also as bayllyfes to whose offyce it belongeth to take dystresses / intendynge to greue theyr te­nantes / and to exacte money of them do sende straungyers to take dystresses to the entent that thy wolde greue the te­nantes in so much as the partyes so dys­trayned not knowyng such persons wyl not suffer the dystresses to be taken. It is prouyded that no dystresse shall be ta­ken but by bayllyfes sworne and knowē And if they take dystresses otherwyse & therupon be conuycte if the partyes gre­ued wyll purchase theyr wryttes of tres­pas they shalbe restored vnto theyr da­mages and greuously ponyshed towar­des the kynge.

¶ The .xxxviii. chapitre.

[Page]FOr asmuch also as sheryfes / hun­dredars / and bayllyfes of lybertes haue vs [...]d to greue theyr tenauntes put­tynge in assyses and iuryes men lyeke & decrep [...]te and men hauynge contynuall or so [...]ayne dyscase / & men also that dwelled not in the countre at the tyme of the somons / and somon also a great multy­tude of iurrors for to polle money from some of them / because they wolde be in peas / and so the assyses and iuryes passe many tymes by pore men / and the ryche men abyde at home by reason of theyr brybes. It is ordeyned that from hens­forth in one assyse no mo shalbe somoned then .xxiiii. And olde men aboue .lxx. ye­res beyng contynually sycke / or beynge sycke at the tyme of the somons / or not dwellyng in the countre shall not be put in iuryes or pety assyses / nor also shalbe put in assyses and iuryes / though some ought to be taken in theyr owne shyre / that may dispend [...]esse then .xx. [...]. yerely. And if suche assyses and iuryes be taken out of the shyre ▪ none shall passe in them but that may dyspend .xl. [...]. yerely at the lest▪ except such as be wytnesses in dedes or other wrytynges / whose presence is necessarye / so they be able to trauayll. [Page 90] And this statute shall not extende to great assyses in whiche it behoueth ma­ny tymes knyghies to passe (not resydēt in the countre) for the scarsyte of knygh­tes / so that they haue lande in the shyres And if the sheryf or his vnderbayllyfes / or bayllyfes of lybertees / offende in any poynte of this statute and therupon be conuyete / damages shalbe awarded to the partyes greued / and shall neuerthe­lesse be amerced to the kyng. And iusty­ces assygned to take assyses / when they come into the shy [...]e shall haue power to here all playn [...]es as to the artycles con­teyned in this statute / and to mynistre iustyce in fourme aforesayd.

¶ The .xxxix. Cha­pitre.

FOr asmuche as iustyces to whose offyce it belongeth to minystre iu­styce to all that sue before them / are ma­ny tymes dystourbed in due execucyon of theyr offyce / for that sheryfes do not retourne wryttes oryginall and iudicial and for that they make false retournes vnto the kynges wryttes.

Our soueraygne lorde the kynge hathe prouyded and ordeyned that such as do feare the falshod of sheryfes shall delyuer [Page] theyr wryttes orygynall and indicyall in the open coūtye / or agayn in the shyre where as the gatherynge of the kynges money is / and may take of the sheryf or vndersheryf beyng present a byll wherin the names of the demaundantes and te­nauntes mencyoned in the wrytte / shall be conteyned / & the requeste of hym that delyuered the wrytte / the seale of the she­ryf or vndersheryf shalbe put to the byll for a testymonye / and mencyon shall be made of the daye of the delyueraunce of the wrytte / and if the sheryf or vndershe­ryf wyll not putte his seale to the byll the wytnes of knyghtes and other cre­dyble persones beyng in presence shalbe taken that haue put theyr seales to such byll / and if the sheryf wyll not retourne wryttes delyuered vnto hym / and a complaynt therof be made vnto the iustyces / a wrytte of iudgement shall go vnto the iustyces assygned to take assyses / that they inquere by such as were present at the delyueraūce of the wrytte to the she­ryf / if they knewe of the delyueraunce / and the inqueste shalbe retourned / and if it be founde by the inquest that the wryt was delyuered to hym / damages shalbe awarded to the playntyf or demaundant [Page 91] hauyng respecte to the qualy [...]e and quā ­tyte of the accyō / and to the harme that myght haue come to hym by reason of the delay that he sustayned / and by this meane there is remedye when the sheryf retorneth that the wrytte came to late / wherby he coude not execute the kyn­ges commaundement. Oftentymes also plees be delayd whē the sheryf retorneth that he hath commaunded the bayllyfes of som lyberte / that dyd nothyng therin doyth name lybertes that neuer had the retourne of wryttes / wherupō out soue­raygne lorde the kynge hath ordeyned / that the treasourer and barons of the eschequer shall delyuer in a rolle all the lybertes of euery shyre y ^t haue retourne of wryttes / and if the sheryfe aunswere that he hath made retourne to a bayllyf of another lyberte then is contayned in the sayd rolle / y ^e sheryf shalbe forthwith ponyshed as a dysherytour of the kynge and his crowne / and if peraduenture he retourne y ^t he hath delyuered the wrytte to a bayllyf of some lyberte that in dede hath retourne the sheryf shalbe commaū ded that he shall not spare for no lyberte but to execute the kynges precept & that he do the baylyfes to wyte to whome he [Page] retourned the wrytte that they be redy at a day conteyned in the wrytte to aunswere why they dyd not execute the kynges precept. And if they come at the day and acquyte thēselues that no retourne was made to them the sheryf shalbe forth with condeyned to the lorde of the same lyberte / and lykewyse to the partye gre­ued by the delaye for to rendre damages And if the bayllyfes come not in at the day▪or do not acquyte themselues in maner aforesayd in euery iudycyall wrytte / so longe as the plee hangeth the sheryf shalbe commaundeth to spare for no ly­berte. &c. Many tymes also sheryses make false retourne vpon the poynte of issues. &c. retournyng sometyme & lyeng that there be no issues / sometyme that there are small issues when they may retourne great / and sometyme doo make mencyon of no issues ▪ wherfore it is or­deyned and agreyd ▪ that if the playntyf d [...]maūd [...] heryng of the sheryfes retourne [...] shalb [...] hym. And if he offce to au [...] [...]hat the sheryf myght haue re­tourned g [...]er issues vnto the kynge / he shall [...] a wr [...]tte iudicyall vnto the iusticies assygned to take assyses y ^t they shall inquere in presence of the sheryf (if [Page 92] they wylbe there) of what & how great issues the sheryf myght haue made re­tourne from the daye of the wrytte pur­chased vnto the daye contayned in the wrytte. And when the inqueste is retourned / if he haue not afore aunswered for the hole he shalbe charged with the ouer plus by the extre [...]es of the iustyces dely uered in the eschequer / and neuertheles shalbe greuously amerced for the concelement. And let the sheryf knowe that rentes corne in the graunge and all moua­bles (except horse / ha [...]neys / and houshold stuffe) be conteyned within the name of (issues) And the kynge hath commaun­ded that sheryfes shalbe ponyshed by the iustyces ones or twyse if nede be for such false retournes. And if they offende the. i [...]. tyme none shall haue to do therwith but y ^e kyng / they make also many tymꝭ false aunsweres retournynge that they coude not execute the kynges precept for feare of som great man / wherfore let the sheryfes beware frōhensforth / for such maner of aunsweres sounde muche to the shame of the kynge & of his crowne. And as sone as his vnderbayllyfes do testefye that they founde suche resys­tence / forthwith all thynges sette a [Page] part takyng with hym the power of the shyre he shall go in propre persone to do execucyon / and if he do fynde his vnder­bayllyfes false he shall ponyshe them by imprysonment / so that other by theyr example myght be reformed / and if he do fynde them true he shall ponyshe the re­systers by imprysonment / from whens they shall not be delyuered without the kynges specyall commaundement / and if the sheryf when he cometh do fynde resystence he shall certefye to the court the names of the resysters / ayders / consen­ters / commaunders / and fauoures / and by a wrytte indi [...]yall they shalbe atta­ched by the bodyes to apiere in the kyn­ges courte / and if they be conuy [...]te vpon suche resystence / they shalbe ponyshed at the kynges pleasure / nor any offycer of the kynges shall medle in assygnyng the ponyshement / for the kynge hathe reser­ued it specyally for hymselfe / because that resysters are had as dystourbours of his peace and realme.

¶ The .xl. Chapiter.

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

¶ The .xli. Chapitre.

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

¶ The .xlii. Chapitre.

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

¶ The .xliii. Chapitre.

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

¶ The .xliiii. Chapitre.

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

¶ The .xlv. Chapitre

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

¶ The .xlvi. Chapiter.

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

¶ The .xlvii. Chap.

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

¶ The .xlviii. Chapitre.

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

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

¶ The .ii. Chap.

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

¶ The .iii. Chapiter.

ANd it is to be vnderstanden that by the sayd sales or purchases of landes or tenemētes or parcelles of thē / landes nor tenementes shall in no wyse come into mortmnayne neyther by polle­cye / ne crafte contrarye to the fourme of the statute made therupon of late. And it is to w [...]te that this statute extendeth but onely to landes holde in fee symple. And that it extendeth onely to the tyme comynge / and it shall begynne to take effecte at the feaste of sayncte Andrew [Page 101] apostle nexte comynge /

¶ The .i. Cha­pitre.

LIkewyse when nede requyreth in­questes shalbe made in townes by hym that is lorde of the towne / and af­ter in the hundred / and after in the fraunchyse and in the shyre / and sometyme in two / thre / or foure shyres in case where felonyes be commytted in the marches of shyres / so that the trespasours may be attaynted. And if the countre wyll not aunswere for the bodyes of suche tres­pasours the payne shalbe suche / that is to wyte / that the people dwellyng in th [...] [Page 102] countre shalbe aunswerable for the rob­boryes done and also the damages / so that the hole hundred where the robbo­rye happenyth to be done / or the fraun­chyses beyng within the precynet of the same hundred shalbe aunswerable for the robboryes done. And if the robborye chaunce to be done in the diuysiō of two hundredes / in suche case bothe hundre­des and also the fraunchyses whiche be within the precync [...]es of them shall be aunswerable. And after that the felonye or robborye is done the coūtre shal haue no longer space then halfe a yere within whiche halfe yere it shall behoue them to agre for the robborye or trespas / or els that they wyll aunswere for the bo­dyes of the offendours.

¶ The .ii. Chapitre.

ANd for asmuch as y ^e kyng wylnot y ^t his people shold be sodaynly im poueryshed by reason of this penaltye that semyth very harde to many / the kynge graunteth that they shall not in­curre it ymmedyatly / but it shalbe res­pyted vntyll the Easter nexte folow­ynge / within whiche tyme the kynge maye see howe the countre wyll or­dre themselues / and whyther suche [Page] felonyes and robboryes do ceasse. After which terme let them all be assured that the foresayd penaltye shall ronne gene­rally / that is to wyte that the people of the countre shalbe aunswerable for felo­nyes and robboryes done among them.

¶ The .iii. Chapiter.

ANd for the more suretye of the countre the kyng hath commaunded that in great townes beynge walled the gates shalbe closed from the sonne restyng vntyll the sonne rysynge / & that no man do lodge in the suburbes nor in any place out of the towne from .ix. of the clocke vntyll day / without his hoste wyll aunswere for hym / & the bayllytes of townes euerye weke or at the leaste euery .xv. day shall make inquerye of all persones beynge lodged in the suburbes or places out of the townes. And if they do fynde any that haue lodged or recey­ued any straungyers or suspycyous per­sons cōtrary to this / they shall do ryght therin. And the kynge comaundeth that from hensforth all townes be kept as it hath ben vsed in tymes passed / that is to wyte from the feaste of Ascensyon vnto Myghelmas in euery cyte .vi. men shall kepe at euery gate / in euery borugh .xii. [Page 103] men / in euery towne .vi. or .iiii. acordyng to the noumbre of the inhabitauntes of the towne / and shall watche the towne all nyght from the sonne restynge vnto the sonne rysyng. And if any straūgyers do passe by them he shalbe arrested vn­to mornyng. And if no suspicion be foūde they shall go quyte / & if they fynde cause of suspeccyon / they shall forth with dely­uer hym to the sheryf / and y ^e sheryf may receyue hym without damage and shall kepe hym saufely vntyll he be acquyted in due maner / and if they wyll not obey the arreste they shall leuye hue and crye vpon them / and such as kepe the towne shall folowe with hue and crye with all the towne and the townes nere / and so front towne to towne / vntyll that they be taken and delyuered to the sheryf / as before is sayd and for the arrestementes of suche straungyers none shalbe ponys­shed.

¶ The .iiii. Chapitre.

ANd further it is comaunded that hygh wayes ledyng from one merchaunte towne to another shalbe from­hensforthe inlarged where as bushes / woodes / or dykes be / so that there be ney ther dyke / tre / nor bushe / wherby any trespaser may eskape within. CC. fote [Page] of eche syde the way / so that this statute shall not extende vnto ashes nor vnto great trees / for that it shalbe vnderstanden clerely out of this. And if by the de­faute of the lorde that wyll not auoyde the dyke / vnderwood / or bushes in the maner aforesayd and robboryes be done therin / the lorde shalbe aunswerable for the felonye. And if murdre be done / the lorde shalbe raunsomed at the kynges pleasure. And if the lorde be not able to sell the vnderwoodes / the countre shall ayde hym therin. And the kynge wyl­leth that in his demean landes & woodes within his forest and without y ^e wayes shalbe inlarged (as before is sayd) And if percase a parke be taken from the hygh waye / it is requysyte that the lorde shall sette his parke the space of. CC. fote frō the hygh waye as before is sayd / or that he make such a wal / dyke / or woode that the yuell doers maye not passe ne re­tourne for to do yuell.

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

¶ The .i. Cha.

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

¶ The .ii. Chapiter.

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

¶ The .iii. Chap [...].

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

¶ The fyrst Cha.

[Page] COncernyng plees where the tenaunt sayeth that he can not a [...]swere with out the kynge. It is a­greyd by the iustyces and other wyse men of y ^e kynges counsell / which heretofore haue had the vse and praciyse of iubgemētes / that where a feffemēt was made by the kyng with a dede therupon / that if another persone by a lyke feffement & a lyke dede be bounden to warraūtye. The iustyces coude not heretofore haue proceded any further without the kynges comaunde­ment had therfore. And also it semyth that they coude not.

¶ The .ii. Cha.

IN certayn cases as where y ^e kyng hath cōfyrmed or ratefyed the dede yf another man to the vse of another / or hath graunted any thynge asmuche as hymselfe may / or where a dede is shewed and no clause contayned therin / wherby [...]e ought to warrauntyse and in lyke ca­ses they shall not surccasse by occasyon of a confirmacyon graunt or surrendre or other lyke / but after aduertysement made therof to the kynge they shall pro­cede without delaye.

¶ The .iii. Chapitre.

[Page 141]COncernynge the endowement of wymmen where the wardeyns of theyr husbādes inherytaūce haue ward shyp by the gyfte or graunte of the kyng or where such wardeyns be tenauntes of the thynge in demaunde / or if the hey­res of such landes be vouched to warrā ­tye / if they say that they can not aūswer without the kynge / they shall not sur­ceasse vpon the matter therfore / but shal procede therin accordynge to the ryght.

¶ The .iiii. Chapitre.

COncernyuge purprestures or any maner of vsurpacyons made vpō the kyng within fraūchyses orels where it was agreyd & determyned in y ^e tyme of kynge Henry that where suche vsur­pours were lyuyng / the kynge shulde resease of newe the lande so vsurped out of the handes of the vsurpours / the which thyng also shalbe fromhensforth obser­ued in the realme / & if any do complayne vpon such reseasers he shalbe harde lyke as ryght requyreth.

¶ The v. Chapitre.

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

¶ The .vi. Chapitre.

IN dedes also where is conteyned dedi [...]t concess [...] tale tenementum without homage / or without a clause that cōteyneth warrantie and to be holden of the gyuers and theyr heyres by [...] certayne seruyce. It is agreyd that the gyuers and theyr heyres shalbe bounden▪ to warrantie. And where is conteyned dedi et concessi. &c. to be holden of the chyef lordes of the fee or of other & not of the feffours or of theyr heyres / reseruing no seruyce▪ without homage / or without the foresayd clause / theyr [...]eyres shall not be bounden to warrantye / notwith­standynge the feffour duryng his own [...] [Page 142] lyfe by force of his owne gyfte shalbe [...]ounden to warrantie. All these consti­ [...]n [...]yons aforesayd were made at west­mynster in the parlyament holden next after the feast of saynt Myghell▪ the .iii. [...]ere of the raygne of kynge Edwarde [...]nne of kynge Henry. And from that [...]yme forth they shall take effecte.