The
Contents
of
the
first
Chapter
.
-
OF
the
Originall
of
the
Law
.
-
Of
the
comming
of
the
English
into
this
Land
.
-
Of
the
first
Constitutions
.
-
Of
Offences
,
and
their
division
.
-
Of
the
Crime
of
Majesty
.
-
Of
falsifying
.
-
Of
Treason
.
-
Of
Burning
.
-
Of
Murder
.
-
Of
Larcine
.
-
Of
Burglary
.
-
Of
Rape
.
-
Of
the
Office
of
the
Coroner
.
-
Of
the
Exchequer
.
-
Of
inferiour
Courts
.
-
Of
the
Turnes
of
Sheriffes
.
-
Of
Viewes
of
Franckpledges
.
CHAP.
I.
SECT
1.
Of
the
Offences
against
the
Peace
.
Of
the
Originall
of
the
Law
.
ALmighty
God
shewed
more
love
to
Man
then
to
any
other
creature
;
when
he
made
him
after
his
own
image
and
gave
him
understanding
;
considering
that
he
stood
continually
ready
to
fall
into
sinne
by
three
manner
of
Adversaries
,
and
therefore
he
gave
the
Law
to
force
and
drive
sinners
to
salvation
by
earthly
punishments
;
That
for
the
pure
love
of
God
men
would
abstain
from
sinne
,
and
thereof
made
Moses
their
Teacher
,
which
place
the
Pope
now
holdeth
.
That
Law
by
Ordinance
of
our
holy
Predecessors
is
divided
into
two
Volumes
;
into
the
Cannon
Law
,
which
consisteth
in
the
amendment
of
Spirituall
offences
;
First
,
by
Admonitions
,
Prayers
,
Reproofs
,
Excommunication
;
Secondly
,
into
the
written
Law
,
which
consisteth
in
the
punishing
of
temporall
Offences
,
by
Summons
,
Attachments
,
and
punishments
or
penalties
.
Of
the
Spirituall
Law
,
the
Prelates
judged
;
and
say
Princes
of
the
other
Law
:
The
Law
whereof
this
summe
is
made
,
is
the
written
Law
of
the
ancient
usages
warranted
by
the
holy
Scripture
.
And
because
it
is
given
to
all
in
generall
,
it
is
called
the
Common
Law
.
And
because
there
was
no
other
Law
but
that
,
were
generall
Councels
and
Parliaments
in
use
,
and
that
diversly
in
severall
places
,
according
to
the
qualities
of
the
people
of
divers
Countries
,
and
Boroughs
;
they
were
according
to
ancient
priviledges
changed
for
the
ease
of
the
people
of
those
places
.
All
our
Usages
and
Laws
are
also
layed
for
the
keeping
and
exaltation
of
the
peace
of
God
;
and
therefore
it
is
to
be
known
,
That
the
people
are
not
to
be
adjudged
by
similitudes
and
examples
not
canonized
,
but
by
the
love
of
Peace
,
of
Chastity
,
of
Temperance
,
of
Charity
,
of
Mercy
,
and
of
good
Works
.
CHAP.
1.
SECT.
2.
Of
the
coming
of
the
English
into
this
Realme
.
AFter
that
God
brought
down
low
the
Nobility
of
the
Brittons
,
who
used
more
force
then
right
,
he
delivered
the
Realm
to
the
most
humble
and
simple
of
all
the
countries
adjoyning
;
that
is
to
say
,
to
the
Saxons
,
who
from
the
parts
of
Almaine
became
Conquerours
thereof
,
of
which
Nation
there
were
forty
Soveraigns
who
were
Companions
.
These
Princes
called
this
Land
(
England
)
which
before
was
called
Great
Brittainie
,
or
Britania
Major
.
These
Princes
after
great
warrs
,
tribulations
,
and
troubles
,
suffered
for
a
long
time
,
chose
themselves
one
King
to
Raign
over
them
,
to
governe
God
;
people
,
and
to
maintaine
and
defend
their
Persons
and
their
goods
in
peace
by
Rules
of
Law
.
And
at
the
beginning
they
made
the
King
to
sweare
;
That
he
should
maintaine
the
Christian
Faith
with
all
his
power
,
and
governe
his
people
by
Law
,
without
having
regard
to
the
Person
of
any
one
;
and
that
he
should
be
obedient
to
suffer
Right
as
well
as
his
other
people
should
be
.
And
afterward
this
Realme
was
divided
in
Inheritances
according
to
the
number
of
those
Companions
who
then
remained
in
the
Realme
,
into
parts
,
by
Shieres
,
and
every
one
had
a
Shiere
delivered
unto
him
to
keepe
and
defend
against
the
enemies
,
according
to
every
ones
estate
;
That
is
to
say
.
-
Barkeshire
-
Bedfordshire
-
Buckinghamshire
-
Cornwall
-
Chestershire
-
Cumberland
-
Dorset
-
Devonshire
-
Darbyshire
-
Essex
-
Barrickshire
-
Yorkshire
-
Norfolk
-
Not●inghamshire
-
Northumberland
-
Northamptonshire
-
Oxfordshire
-
Rutlandshire
-
Suffolk
-
Gloucestershire
-
Cambridgeshire
-
Hertfordshire
-
Herefordshire
-
Huntingtonshire
-
Kent
-
London
-
Leicestershire
-
Lancashire
-
Lincolnshire
-
Middlesex
-
Surrey
-
Southampton
-
Somersetshire
-
Shropshire
-
Staffordshire
-
Wiltshire
-
Westmerland
-
Worcestershire
.
And
although
that
the
King
ought
not
to
have
any
Peere
in
the
Land
;
neverthelesse
because
that
the
King
of
his
owne
wrong
if
he
offend
against
any
of
his
people
,
not
none
of
his
Commissaries
can
be
Judge
and
Party
;
It
was
behovefull
by
the
Law
that
he
should
have
Companions
,
to
heare
and
determine
of
all
Writs
,
and
Plaints
,
of
all
wrongs
,
as
well
of
the
King
,
as
of
the
Queene
,
and
her
Children
;
and
of
those
especiall
where
one
could
not
have
otherwise
Common
Right
:
These
Companions
are
now
called
Countees
,
Earles
,
according
to
the
Latine
Comites
;
and
so
at
this
day
are
those
Shires
called
Counties
,
in
Latine
Comitatus
;
and
that
which
is
without
these
Counties
,
belongeth
to
the
English
by
conquest
.
Afer
that
time
,
these
Companions
,
after
the
division
of
the
Realme
into
Shires
,
divided
their
people
which
they
found
scattering
about
into
Centuties
,
and
to
every
Century
they
appointed
a
Centeyner
,
and
according
to
the
number
of
the
Centuries
spake
every
Shire
;
and
to
every
Centeyner
they
assigned
his
part
by
Metes
and
Bounds
,
to
keep
and
defend
the
same
with
his
Century
,
so
that
they
were
ready
to
run
to
their
Armes
at
all
times
when
the
enemies
came
,
or
other
needfull
occasion
was
.
And
these
divisions
in
some
places
are
called
Hundreds
,
according
to
the
number
of
the
first
people
;
and
in
some
places
Tythings
,
or
Wapentakes
,
according
to
the
English
;
(
which
is
in
French
,
taking
of
Armes
)
These
divisions
they
made
,
whereby
the
Peace
,
which
consisted
in
charity
and
true
love
,
was
kept
and
maintained
.
CHAP.
1.
SECT.
3.
Of
the
first
Constitutions
made
by
the
ancient
Kings
.
Of
King
Alfred
.
FOr
the
Estate
of
the
Realme
,
King
Alfred
caused
the
Earles
to
meet
,
and
Ordained
for
a
perpetuall
usage
,
That
twice
in
the
yeere
,
or
ostner
,
if
need
were
,
in
time
of
Peace
they
should
assemble
together
at
London
,
to
speake
their
mindes
for
the
guiding
of
the
people
of
God
,
how
they
should
keepe
themselves
from
offences
,
should
live
in
quiet
,
and
should
have
right
done
them
by
certaine
usages
,
and
sound
judgements
.
By
this
Estate
many
Ordinances
were
made
by
many
Kings
,
One
of
the
Ordinances
was
;
That
every
one
should
love
his
Creator
with
all
his
soule
,
and
according
to
the
points
of
the
Christian
Faith
;
And
wrong
,
force
,
and
every
offence
was
forbidden
.
And
it
was
assented
unto
,
that
these
things
following
should
belong
to
Kings
,
and
to
the
Right
of
Crown
.
Soveraigne
Jurisdiction
.
The
Soveraigne
Jurisdiction
throughout
the
whole
Land
unto
the
middest
of
the
Sea
encompasaing
the
whole
Realme
,
as
franchises
,
treasure
found
in
the
Land
,
Waife
,
Estray
;
goods
of
Felons
and
Fugitives
which
should
remaine
out
of
any
ones
rights
,
Counties
,
Honours
,
Hundreds
,
Wards
,
Goales
,
Forrests
,
chiefe
Cities
;
the
chiefe
Ports
of
the
Sea
,
great
Mannours
;
these
Rights
the
first
Kings
held
,
and
of
the
residue
of
the
Land
they
did
infeoffe
the
Earles
,
Barons
,
Knights
,
Serjeants
and
others
,
to
hold
of
the
Kings
by
the
services
provided
,
and
ordained
for
the
defence
of
the
Realme
according
to
the
Articles
of
the
ancient
Kings
.
Also
Coronors
were
ordained
in
every
Country
,
and
Sheriffes
to
defend
the
Country
,
when
the
Counties
were
dismissed
of
their
Guards
,
and
Bailiffes
in
the
places
of
Centyners
.
And
the
Sheriffes
and
Bayliffes
caused
the
Free-Tenants
of
their
Bayliwicks
to
meet
at
the
Counties
and
Hundreds
;
at
which
Justice
was
so
done
,
that
every
one
so
judged
his
Neighbour
by
such
judgement
as
a
man
could
not
elsewhere
receive
in
the
like
cases
,
untill
such
times
as
the
customes
of
the
Realme
were
put
in
writing
,
and
certainly
established
.
And
although
a
Free-man
commonly
was
not
to
serve
without
his
assent
,
neverthelesse
it
was
assented
unto
,
that
Free-Tenants
should
meet
together
in
the
Counties
,
Hundreds
,
and
the
Lord
Courts
,
if
they
were
not
especially
exempted
to
doesuch
Suits
,
and
there
judged
their
Neighbours
.
And
that
Right
should
be
done
from
15.
daies
to
15.
daies
before
the
King
and
his
Judges
,
and
from
month
to
month
in
the
Counties
,
if
the
largenesse
of
the
Counties
required
not
a
longer
time
;
and
that
every
three
weekes
Right
should
be
administred
in
other
Courts
;
And
that
every
Free-Tenant
was
bound
to
doe
such
suite
;
And
every
Free-Tenant
had
ordinary
jurisdiction
:
And
that
from
day
to
day
the
Right
should
be
hastened
of
Strangers
,
as
in
Courts
of
Pipowders
according
to
the
Law-Merchant
.
The
Turnes
of
Sheriffes
and
views
of
Free-pledges
were
Ordained
;
and
it
was
Ordained
,
That
none
of
the
age
of
14.
yeeres
or
above
,
was
to
remaine
in
the
Realme
above
forty
daies
,
if
they
were
not
first
sworne
to
the
King
by
an
Oath
of
Fealty
,
and
received
into
a
Decenery
.
It
was
Ordained
;
That
every
Plaintiffe
have
a
remediall
Writ
to
his
Sheriffes
,
or
to
the
Lord
of
the
Fee
in
this
forme
.
Questus
est
nobis
C.
quod
O.
&c.
Et
ideo
tibi
(
vices
nostras
in
boc
parte
committentes
)
precipimus
quod
causam
illam
audias
&
legitimo
fine
decidas
.
It
was
Ordained
;
That
every
one
have
a
remediall
Writ
from
the
Kings
Chancery
,
according
to
his
plaint
without
difficulty
,
and
that
every
one
have
the
Processe
from
the
day
of
his
plaint
without
the
seale
of
the
Judge
,
or
of
ths
Partie
.
It
was
Ordained
;
That
Coroners
should
receive
Appeales
of
Felony
,
and
should
give
the
Judgements
of
Out-lawries
,
and
should
make
the
visnes
in
the
Causes
aforesaid
;
And
that
all
the
next
Townes
should
present
to
the
Coroners
in
the
Countie
the
mischances
of
the
bodies
of
the
people
,
and
the
names
of
the
finders
.
And
that
every
Country
should
present
Felonies
,
Mischances
,
and
other
Articles
presentable
in
the
Eyres
for
offences
,
that
the
Kings
might
send
to
summon
them
to
appear
against
the
comming
of
the
Kings
,
or
of
the
Justices
assigned
to
hold
all
Pleas.
And
for
the
great
dammages
which
the
Commons
suffer
by
Amercements
issuing
out
for
Concealements
,
and
for
fault
of
these
presentments
in
Eyres
it
was
agreed
unto
;
That
these
presentments
in
Eyres
should
be
by
the
Coroners
chosen
by
all
the
Commons
of
the
County
,
and
so
the
Coroners
are
as
it
were
the
Commons
Bayliffes
as
to
these
Charges
:
neverthelesse
they
are
the
Kings
ministers
,
because
they
take
an
Oath
to
him
.
For
personall
trespasses
,
neverthelesse
the
Coroners
are
only
punishable
without
any
damage
to
those
who
chose
them
,
unlesse
they
have
not
sufficient
wherewith
to
satisfie
for
their
trespasses
.
The
Exchequer
was
Ordained
in
manner
as
followeth
;
and
the
pecuniary
penalties
of
Earldomes
,
and
Baronies
certaine
,
and
also
of
all
Earldomes
and
Baronies
entire
or
dismembred
;
and
that
those
Amercements
were
afferred
by
the
Barons
of
the
Exchequer
,
and
that
the
Estreats
of
the
Amercements
be
sent
into
the
Exchequer
though
they
were
amerced
in
the
Kings
Court.
It
was
Ordained
;
That
after
a
plaint
of
wrong
be
sued
,
that
no
other
have
jurisdiction
in
the
same
place
,
before
the
first
plaint
be
determined
;
and
from
the
〈◊〉
came
this
clause
in
the
Writ
of
Right
,
Et
nist
foreris
vicecones
saciat
.
It
was
Ordained
;
That
every
one
of
the
age
of
fourteene
yeares
and
above
should
be
ready
to
kill
mortall
offenders
in
their
notorious
sinnes
,
or
to
follow
them
from
Towne
to
Towne
with
Hue
and
Cry
;
and
if
they
could
not
kill
them
,
the
offenders
to
be
put
in
exigent
,
and
Out-lawed
or
banished
.
And
that
none
should
be
Out-lawed
but
for
a
mortall
offence
,
and
in
no
other
County
but
where
he
committed
the
offence
.
It
was
Ordained
;
That
the
Kings
Courts
should
be
open
to
all
Plaints
,
by
which
they
had
originall
Writs
without
delay
,
as
well
against
the
King
or
the
Queene
as
against
any
other
of
the
people
for
every
injury
but
in
case
of
life
,
where
the
plaint
held
without
Writ
.
It
was
Ordained
;
That
no
King
of
this
Realme
should
change
his
money
,
nor
impaire
it
,
nor
inhannse
it
,
nor
make
any
other
money
but
of
Silver
,
without
the
sssent
of
the
Lords
and
all
the
Commons
It
was
Ordained
;
That
Felonies
should
be
tryed
by
Appeales
,
and
that
Appeales
might
sometimes
be
ended
by
Battaile
,
and
that
Exigents
of
the
Offenders
should
continue
by
three
County
Courts
before
the
Out-lawrie
.
It
was
Ordained
;
That
all
Free-Tenants
should
be
obedient
,
and
appeare
at
the
Summons
of
the
Lords
of
the
Fee
,
and
if
one
caused
a
man
to
be
summoned
elsewhere
then
in
the
Fees
of
the
Avowants
,
or
oftner
then
from
Court
to
Court
,
that
they
were
not
bound
to
obey
such
smmmons
,
if
not
at
the
charges
of
the
Avowants
of
the
Summons
.
It
was
Ordained
;
That
Knights
Fees
should
come
to
the
eldest
Sonne
by
mecession
of
Inheritance
,
and
that
Socage
Lands
should
be
partable
amongst
the
Heires
rights
,
and
that
none
might
alien
but
the
fourth
part
of
his
Inheritance
without
the
consent
of
his
Heire
,
and
that
none
might
alien
his
Lands
by
Purchase
from
his
Heires
,
if
Assignes
were
not
specified
in
the
Deeds
.
It
was
Ordained
;
That
every
one
might
endow
his
Wife
Adestúm
Ecclesia
,
or
of
the
Monastery
without
the
consent
of
his
Heires
;
that
Heire
Females
,
nor
Widowes
should
not
Marry
themselves
without
the
assent
of
their
Lords
,
because
the
Lords
were
not
bound
to
take
the
Homages
from
their
Enemies
,
or
other
unknowne
Persons
,
and
the
same
is
forbidden
upon
paine
of
Forfeitures
,
whether
their
Parents
were
cousenting
thereunto
or
not
;
and
that
Widowes
in
case
they
Marry
without
the
consent
of
the
Guardians
of
the
Lands
should
lose
their
Dowries
;
That
those
also
should
be
dis-inherited
or
lose
their
Dowries
before
that
they
Married
;
Widowes
neverthelesse
this
should
not
forfeit
their
Inheritance
for
whoredome
,
and
that
the
eldest
Son
should
forfeit
nothing
to
the
prejudice
of
his
Ancestour
,
nor
his
Heires
living
the
Ancestour
whose
Heire
apparant
he
is
.
It
was
Ordained
,
That
the
Lords
of
Fees
might
Summon
their
Tenants
by
the
award
of
their
Peeres
into
the
Lords
Courts
or
into
his
Counties
,
or
the
Hundred
at
all
times
that
they
detaine
or
deny
to
doe
their
services
in
Deed
,
or
in
Word
,
Etè
contra
,
that
is
to
say
;
The
Lords
against
the
Tenants
,
and
there
they
shall
be
acquitted
or
forfeit
their
Alegiance
with
the
appurtenances
by
the
judgement
of
the
Suiters
,
and
all
their
Tenancy
;
and
the
Tortious
or
outragious
Lords
shall
lose
their
Fees
and
the
Services
,
and
the
Tenements
shall
goe
to
the
chief
Lords
of
the
Fee
.
It
was
forbidden
,
that
none
be
destreyned
by
his
moveable
goods
,
but
by
their
bodies
,
or
by
their
Fees
,
except
in
speciall
Cases
after
mentioned
.
It
was
Ordained
that
Infants
should
be
in
Ward
;
with
their
Lands
and
Goods
,
and
that
the
Guardians
should
answer
for
Trespasses
done
by
their
Wards
,
and
give
satisfaction
to
those
who
were
damaged
,
except
of
Felonies
;
and
that
their
Marriages
should
be
to
the
Lords
,
and
that
should
have
Escuage
Reliefe
and
Aydes
of
their
Tenants
which
they
held
of
the
Lords
,
as
to
make
the
Heire
of
the
Lord
Knight
,
and
to
Marry
their
eldest
Daughters
,
and
that
the
Heires
males
should
doe
homage
to
their
Lords
,
and
the
Females
should
sweare
fealty
:
and
that
the
Inheritance
should
discend
to
all
the
Children
by
warrant
of
right
of
the
possession
,
and
that
the
male
should
barre
the
female
,
and
the
next
the
more
remote
by
warrant
of
right
of
propriety
.
It
was
Ordained
;
That
offenders
guilty
of
death
should
not
be
suffered
to
remaine
amongst
the
guiltlesse
,
and
that
the
King
should
have
the
value
of
the
Lands
and
the
rent
for
one
yeere
,
and
the
wast
of
Felons
Lands
;
and
also
that
he
should
have
all
Deodand
;
and
that
the
Goods
and
Chattels
of
Usurers
should
remaine
as
Escheates
to
the
Lords
of
the
Fèes
.
Essoines
were
Ordained
in
mixt
and
reall
Actions
,
and
not
in
personall
Actions
,
as
after
is
said
.
It
was
forbidden
that
any
one
should
alien
the
profits
of
his
Lands
,
or
his
Rents
to
any
one
out
of
the
Realme
;
and
it
was
also
forbidden
,
that
none
sold
Wine
in
the
Kingdome
but
by
Tonnell
or
Pipe
.
It
was
forbid
that
no
money
was
to
be
carried
out
of
the
Realme
;
and
that
none
should
carry
Wooll
out
of
the
Kingdom
,
nor
should
kill
Lamb
,
or
Calf
which
might
live
,
nor
Oxe
which
was
not
gelt
.
It
was
forbidden
;
That
no
Bishop
doordaine
Lay-m●n
to
the
Order
of
Clerkes
above
the
number
which
are
sufficient
to
serve
the
Churches
,
whereby
the
Kings
Jurisdiction
be
destroyed
:
It
was
Ordained
,
That
the
poore
should
be
sustained
by
Parsons
,
Rectors
of
the
Church
,
and
by
the
Parishioners
,
so
that
none
of
them
dye
for
want
of
sustenance
.
It
was
Ordained
,
That
Faires
and
Markets
should
be
in
places
,
and
that
the
buiers
of
Corne
and
Cattell
should
pay
Tole
to
the
Lords
Bayliffes
of
Markers
or
Faires
;
That
is
to
say
,
a
false
penny
of
six
shillings
of
good
,
and
of
lesse
,
lesse
,
and
of
more
,
more
;
so
that
no
Tole
exceed
a
penny
for
one
manner
of
Merchandize
:
and
this
Tole
was
given
to
testifie
the
Contracts
,
for
that
every
private
Contract
was
forbidden
.
It
was
Ordained
;
That
no
action
was
receiveable
to
Judgement
,
if
there
was
not
a
present
proofe
by
Witnesses
or
other
things
;
and
that
none
was
bound
to
Answer
to
any
Suite
,
not
to
appeare
to
any
Action
in
the
Kings
Courts
before
the
Kings
Justices
,
before
they
found
Sureries
to
Answer
damages
,
and
the
costs
of
Suite
if
damages
lay
in
the
C●se
,
except
in
foure
offences
;
Diss●rsins
,
Cirtification
of
Dissersius
,
Attaints
,
Rediffeisius
and
other
Cases
.
To
which
Ordinance
King
Henry
the
first
put
this
mittigation
in
favour
of
poore
Plaintiffes
,
that
those
who
had
not
sufficient
Sureties
present
,
should
make
satisfaction
according
to
their
ability
,
according
to
a
reasonable
taxation
;
and
in
the
same
manner
in
Summances
,
and
in
hatred
of
Perjury
Attaints
were
Ordained
in
all
Actions
.
It
was
forbidden
;
That
no
Merchant
Alien
should
repaire
into
England
but
at
foure
Fayres
,
and
that
none
such
should
remaine
in
the
Realm
above
forty
daies
.
Of
the
Curtesie
of
King
Henry
the
first
,
It
was
granted
;
That
all
those
who
survived
their
Wives
who
were
with
childe
by
them
,
should
hold
their
Wives
Inheritance
for
ever
.
Many
other
Ordinances
were
made
by
them
,
and
since
have
been
made
in
aide
of
the
Peace
,
according
as
afterwards
shall
be
said
.
CHAP.
1.
SECT.
4.
Of
Offences
,
and
the
Division
of
them
.
THe
division
of
Offences
is
according
to
that
which
appeareth
by
the
punishment
.
Mortall
,
or
Veniall
.
The
mortall
Offences
are
these
:
Of
-
Majesty
,
-
Falsifying
,
-
Treason
,
-
Burning
,
-
Larcency
,
-
Burglary
.
-
Homicide
,
Of
the
Offence
of
Majesty
.
The
Crime
of
Majesty
is
an
horrible
offence
done
against
the
King
;
and
that
is
either
against
the
King
of
Heaven
,
or
an
earthly
King
.
Against
the
King
of
Heaven
in
three
manners
.
Heresie
,
Venery
,
Sodomy
.
Against
the
earthly
King
in
3.
manners
.
1
By
these
who
kill
the
King
,
or
compasse
so
to
doe
.
2
By
those
who
dis-inherite
the
King
of
his
Realm
,
by
bringing
in
an
Army
,
or
compasse
so
to
doe
.
3
By
those
Adulterours
who
ravish
the
Kings
Wife
,
the
Kings
lawfull
eldest
Daughter
before
she
be
married
,
being
in
the
Kings
custody
;
or
the
Nurse
,
or
the
Kings
Ant
,
heire
to
the
King
.
Heresie
is
an
evill
and
false
belief
,
arising
out
of
Error
of
the
true
Christian
Faith
;
under
this
offence
is
Witchcraft
o●
Divination
,
which
are
members
of
Heresie
;
and
in
case
lesse
notorious
they
come
by
presumptions
of
ill
workes
,
which
are
by
evill
Art
,
arising
from
an
ill
beleife
;
and
sometimes
of
a
firmer
beleif
they
doe
wonders
,
and
sometime
they
come
by
open
confessions
of
Error
.
So
Eresie
is
an
Art
to
Divine
.
Divination
properly
is
taken
in
the
ill
sence
as
Prophesie
is
taken
in
a
good
sence
.
Divination
used
to
be
in
many
kinds
,
whereof
one
manner
of
Divination
was
through
an
ill
beliefe
,
by
the
which
the
Witch
caused
Samuel
to
rise
,
who
warned
Saul
of
his
death
.
Another
kind
is
Piromancy
,
which
is
done
by
fire
.
Another
is
Areomancy
,
which
used
to
be
done
by
signes
in
the
Ayre
.
Another
is
Hydromancy
,
which
is
done
by
signes
in
the
water
.
Another
is
Geomancy
,
which
is
done
by
signes
in
the
land
.
Another
is
Negromancy
,
which
is
done
by
death
,
by
making
the
dead
to
speake
.
Another
is
South-saying
,
which
was
done
by
signes
in
the
entrailes
and
bowels
of
Birds
.
On
the
other
part
,
some
Diviners
used
to
put
trust
in
Lots
,
some
in
Songs
,
some
in
Verses
of
Psalmes
;
some
in
carrying
Gospel
and
Charmes
about
their
necks
;
some
in
Enchantments
and
Spels
;
some
in
signes
in
the
entrailes
of
beasts
,
and
in
the
palmes
of
the
hands
.
Some
were
called
Mathematitions
,
and
Magij
,
and
Divined
by
the
Startes
.
Others
were
called
Arioles
,
who
tooke
their
answers
from
the
Divell
by
evill
men
.
Others
South-sayers
,
who
numbred
nights
and
daies
,
and
houres
whereby
they
ordered
their
businesse
.
There
were
many
other
kinds
,
all
which
manner
of
Divinersate
to
be
by
the
Word
of
God
himself
,
and
authority
of
the
Church
to
be
excommunicated
,
and
sobidden
as
much
as
Mahometry
,
and
things
against
the
true
Faith
.
And
this
S.
Augustine
proves
by
many
Reasons
;
&
hence
it
is
,
that
they
who
travell
to
Witches
or
Diviners
to
know
things
to
give
that
to
the
creatures
which
belongeth
to
God
alone
.
Wherefore
these
wicked
doers
are
to
be
removed
from
the
society
of
Gods
holy
people
,
so
that
no
good
Christian
be
taken
with
their
Art
,
nor
partner
in
their
sins
.
CHAP.
1.
SECT.
5.
THe
Crime
of
Majesty
,
or
offence
against
the
King
is
neighbour
to
many
other
offences
;
For
all
those
who
commit
Perjury
,
whereby
every
one
lyeth
against
the
King
falleth
into
this
offence
.
As
the
Kings
Ministers
who
are
sworn
to
doe
Justice
,
and
forswear
themselves
in
any
thing
,
so
those
who
disseise
the
King
of
any
of
his
Franchises
,
or
of
any
manner
of
Right
which
belongeth
to
the
Crowne
by
Occupations
,
or
Purpestures
,
or
in
any
other
manner
although
it
be
no
mortall
offence
.
Into
Perjury
fall
all
those
Subjects
of
the
King
who
appropriate
to
themselves
Jurisdictions
over
the
King
,
and
of
themselves
make
Judges
,
Sheriffes
,
Coronours
,
and
other
Officers
to
have
Counsance
of
Law
.
Into
Perjury
against
the
King
fall
all
the
Kings
Subjects
who
appropriate
to
themselves
Jurisdictions
of
Counties
,
Honours
,
Socknes
,
Retorna
brevium
,
or
any
thing
which
may
fall
to
his
Inheritance
;
as
Wards
,
Escheates
,
Reliefs
,
Suits
,
Services
,
or
Marriages
,
Faires
,
Markers
,
Enfang
thef
.
Out
Fangthef
,
Waife
,
Estray
,
Treasure
found
in
the
ground
,
Warren
in
their
owne
lands
,
or
in
the
lands
of
others
,
Tole
,
Pavage
,
Pontage
,
Chinueage
,
Murage
,
Carriage
,
or
other
the
like
Customes
.
Into
Perjury
against
the
King
fall
those
the
Kings
Subjects
who
take
Abjurations
of
Felons
,
and
Fugitives
,
and
are
no
Coroner
,
nor
warranted
by
the
King
so
to
doe
;
and
those
who
put
out
any
Indicted
,
or
Appealed
of
any
Crime
out
of
the
Roll
of
the
Coronour
;
and
those
Coronours
who
oftner
then
once
receive
Appeale
;
of
Aprovers
,
or
procure
that
a
man
who
is
innocent
be
appealed
by
an
Approver
.
And
those
who
have
detained
Appeales
of
Approvers
of
forraign
Acts
,
or
whereby
any
forraigner
is
Appealed
.
And
those
Coronours
who
wittingly
suffer
the
goods
and
chattels
of
Fugitives
to
be
lesse
valued
then
they
ought
to
be
of
right
;
Or
conceale
them
in
part
or
in
all
,
or
detaine
them
to
their
owne
uses
,
to
the
damage
of
the
King
;
or
deliver
them
elsewhere
then
to
the
Townes
;
or
for
lucre
have
taken
more
then
they
should
in
damage
of
the
Townes
;
Or
suffered
their
Servants
to
have
the
garments
,
or
other
things
which
are
to
be
seized
for
the
Kings
use
;
or
the
garments
of
the
dead
,
or
delay
to
doe
their
office
through
covetousnesse
.
Into
Perjury
against
the
King
fall
those
Officers
who
pardon
Fines
and
Amercements
which
belong
to
the
King
,
or
any
manner
of
penalty
either
corporall
or
pecuniary
without
speciall
warrant
.
And
those
Officers
who
by
Summons
and
Ad.
journments
make
the
people
to
travaile
in
vaine
,
as
to
Goale
deliveries
,
Assizes
,
Enquests
,
or
otherwise
;
and
all
those
Subjects
who
beare
Armes
against
the
King
,
or
run
away
from
his
lawfull
Army
or
Battaile
;
And
those
Ministers
who
unlawfully
stop
,
or
counsell
the
people
that
they
goe
not
into
War
with
the
King
,
or
that
they
are
not
bound
to
goe
,
where
they
have
reasonable
summons
;
and
that
the
people
be
not
made
Knights
but
according
to
the
Statutes
of
the
Realme
.
Into
Perjury
against
the
King
fall
all
those
the
Kings
Subjects
,
who
hold
Plea
of
Withernam
,
and
have
not
returne
of
Writs
,
or
hold
Pleas
of
Distresses
,
or
of
any
other
thing
which
belongeth
to
the
Kings
Jurisdiction
only
,
without
the
Kings
speciall
Commission
;
or
hold
Plea
in
case
of
life
,
of
imprisonment
,
of
blood-shed
,
of
false
Judgements
,
or
of
any
thing
disavowable
of
right
without
the
Kings
Writ
,
or
Commission
And
all
those
the
Kings
Ministers
who
maintaine
false
Actions
,
false
Appeales
,
or
false
defences
.
Into
Perjury
against
the
King
fall
those
Ministers
,
who
deny
to
Plaintiffes
originall
Writs
possessory
,
Attaints
,
or
of
Formedon
;
or
otherwise
doe
delay
their
Rights
;
and
those
who
wrongfully
doe
delay
,
or
disturbe
right
Judgements
,
and
those
who
wrongfully
favour
wrongfull
Judgements
;
and
all
those
who
use
their
Priviledges
or
Liberties
wrongfully
,
or
too
largely
,
contrary
to
their
knowledge
.
Into
Perjury
against
the
King
fall
those
Ministers
who
receive
Fines
to
other
uses
then
to
the
Kings
use
for
Treasure
trove
,
for
Wrerk
,
Waife
,
Estray
,
Alliens
for
blood-shed
,
or
impri●onment
,
Withernam
,
Reddissesin
,
or
Dissesin
;
or
forsweare
themselves
to
resist
,
that
a
lawfull
Judgement
have
not
execution
;
for
Usury
,
perpresture
upon
the
King
,
or
for
any
other
thing
whereof
the
Counsance
doth
belong
to
the
King
.
And
those
Receivers
who
pay
not
the
Kings
debts
as
they
ought
to
doe
,
and
are
enjoyned
,
or
render
to
him
part
for
satisfaction
of
the
whole
,
and
doe
not
pay
the
King
the
rest
.
Into
Perjury
against
the
King
fall
those
who
Charge
the
King
wrongfully
.
And
those
who
spend
the
Kings
Quarries
,
Timber
,
or
other
things
otherwise
then
in
the
Kings
Service
without
sufficient
warrant
.
Into
Perjury
against
the
King
fall
Escheators
,
who
make
wast
of
the
Kings
Wards
,
or
in
his
Fees
,
or
unlawfully
take
Venison
,
Fish
,
or
other
goods
;
and
by
their
authority
seise
the
goods
of
the
dead
,
and
for
gaine
release
them
;
or
endow
Widowes
to
the
Kings
losse
;
or
make
hurtfull
extents
for
the
King
acompting
for
lesse
then
the
very
value
to
the
King
;
Ot
willingly
suffer
possessions
to
remaine
in
Mortmaine
which
ought
to
be
seized
into
the
Kings
hands
,
and
whereof
the
King
ought
to
have
the
profit
,
or
which
receive
more
of
their
Bailiwickes
then
they
answer
to
the
King
,
ot
who
wittingly
suffer
Feoffements
of
Lands
,
or
of
Advowsons
of
Churches
prejudiciall
to
the
King
,
or
who
suffer
them
to
alien
Wards
or
Marriages
to
the
Kings
prejudice
,
or
suffer
the
ages
of
infants
to
be
proved
in
damage
,
or
to
the
Kings
prejudice
take
Fines
for
Wards
,
or
Marriages
without
Writ
,
or
deceive
any
one
by
colour
of
their
Office
;
or
leavy
money
upon
any
upon
his
owne
proper
Amercement
.
Into
Perjury
against
the
King
fall
Sheriffes
,
who
too
high
charge
the
People
,
by
a
surcharge
upon
the
people
of
Horses
,
or
of
Doggs
,
and
who
leavy
Fines
or
Amercements
for
escapes
of
Prisoners
,
or
for
any
thing
against
Law
before
the
escapes
be
adjudged
by
the
Justices
in
Evre
,
and
who
increase
or
diminish
Fines
,
or
Amercements
beyond
the
Wills
of
the
Afferrors
or
Jurours
,
and
those
Officers
who
conceal
people
deliverable
to
prison
,
and
doe
not
bring
them
to
Judgement
.
Into
Perjury
fall
all
those
Officers
who
are
reproveable
for
the
sufferance
,
negligence
,
or
consent
to
the
alienation
of
the
franchises
,
or
of
the
right
of
the
King
wrongfully
,
or
to
the
occupying
,
or
withholding
of
them
.
And
all
those
who
elsewhere
change
old
money
which
is
forbidden
for
new
,
then
at
the
Kings
change
.
CHAP.
1.
SECT.
6.
Of
Falsifying
.
FAlsifying
is
done
in
two
manners
;
by
falsifying
the
Kings
Seal
,
&
his
Mony
.
His
Seal
may
be
falsifyed
in
many
manners
.
It
is
alwaies
falsifyed
when
a
Writ
is
sealed
,
whereof
the
ingrossing
,
and
the
matter
,
or
the
forme
is
not
justifiable
by
the
King
,
nor
by
the
Law
,
nor
by
the
lawfull
Customes
of
the
Realme
,
which
is
not
to
be
intended
of
every
Writ
abatable
.
It
is
falsifyed
if
a
man
scale
therewith
after
that
the
Chancellour
,
or
other
Keeper
thereof
hath
lost
his
Warrant
,
either
by
death
,
or
in
any
other
manner
.
It
is
falsifyed
when
a
Writ
,
or
a
Patent
passeth
against
the
Kings
forbidding
.
It
is
falsifyed
by
those
who
seale
by
ill
Art
,
or
by
Warrants
not
justifiable
,
and
it
is
falsifyed
by
those
who
seale
and
have
not
authority
to
seale
.
Of
falsifying
the
Money
.
The
Money
was
Ordained
round
and
quarterable
,
and
use
so
to
be
made
that
the
outward
eircle
was
apparant
through
the
whole
,
otherwise
it
was
not
to
be
received
;
and
that
the
1.
l.
was
of
12.
ounces
of
sine
Silver
,
and
it
was
assented
unto
that
the
King
should
have
6d
.
for
the
sealing
of
every
Writ
,
and
for
the
coynage
of
every
pound
of
money
12.d
.
and
no
more
of
monies
currant
in
the
Realme
.
The
money
is
falsifyed
by
him
who
by
evill
covetousnesse
maketh
it
not
justifiable
;
and
it
is
falsifyed
by
those
who
make
it
,
and
have
not
authority
or
warrant
so
to
doe
;
It
is
also
falsifyed
by
those
who
for
evill
gaine
put
more
alay
in
it
then
of
right
there
ought
to
be
.
And
it
is
falsifyed
by
all
those
who
make
it
without
the
Kings
coynage
.
And
it
is
also
falsifyed
by
all
those
who
by
ill
Art
counterfeit
it
,
and
by
those
who
clip
or
wash
it
for
ill
gaine
.
CHAP.
1.
SECT.
7.
Of
Treason
.
TReason
is
not
done
but
betwixt
Alies
,
who
may
be
by
Blood
,
Affinity
,
and
Homage
,
Oath
,
and
Service
.
By
blood
,
as
if
one
of
Parentage
doe
any
thing
to
another
of
his
blood
which
is
the
cause
of
his
death
,
or
dis-inherison
,
or
to
losse
of
homage
;
for
the
quality
of
Treason
is
the
taking
away
of
life
or
member
,
or
decrease
of
earthly
Honour
,
ot
the
increase
of
villanous
shame
.
And
in
the
same
manner
is
this
offence
betwixt
Aff●●●
,
as
betwixt
Sisters
,
Sonnes
in
Law
and
Parents
;
sot
as
cosinage
is
a
line
of
divers
percenets
discending
of
the
same
Stock
,
and
drawne
from
carnall
Copulation
.
In
like
manner
Affinity
is
a
neernesse
of
Persons
discending
from
carnall
copulation
where
there
is
no
blood
;
and
as
this
Office
is
done
betwixt
Affines
,
and
Cousens
,
so
it
is
also
betwixt
Allies
.
-
Alliance
is
sometimes
by
-
Service
,
-
Homage
,
and
-
Oathes
.
Which
happeneth
sometimes
by
reason
of
Fealty
issuing
from
the
service
of
the
Fee
,
sometimes
issuing
from
the
Oath
of
Service
of
the
body
,
and
as
one
of
the
Allies
,
Parents
,
or
Affines
commit
this
offence
against
the
other
,
in
the
same
manner
may
they
doe
against
them
.
By
Service
;
as
if
one
who
I
have
rewarded
,
to
doe
me
Fealty
,
and
be
seized
in
demeane
of
a
Mannour
or
other
gift
,
or
service
,
or
Courtesie
,
falsifie
my
Seale
,
or
ravish
my
Daughter
,
or
my
Wrie
,
or
the
Nurse
,
or
the
Ant
of
my
Heire
,
or
doth
any
thing
which
is
the
cause
of
my
death
by
a
Feionious
compassing
the
same
,
or
to
the
great
dishonour
or
damage
of
my
body
,
or
of
my
goods
,
or
discovereth
my
Counsell
,
or
my
Confession
,
which
he
is
charged
to
conceale
.
And
by
reward
is
meant
,
Fee
Possession
,
Robe
,
Church
,
Rent
,
or
other
gist
;
and
meat
and
drinke
curing
the
service
.
And
as
such
a
one
may
commit
Treason
against
me
,
who
taketh
from
me
so
much
that
he
is
seized
,
in
the
same
manner
I
may
offend
against
him
;
by
such
Action
or
demand
he
shall
have
against
me
,
as
I
may
have
against
him
.
CHAP.
1.
SECT.
8.
Of
Burners
.
BUrners
are
those
who
burne
a
City
,
Towne
,
House
,
Men
,
Beasts
,
or
other
Chattels
,
Felloniously
,
in
time
of
peace
for
hatred
or
revenge
.
And
if
any
one
put
a
man
into
the
fire
,
whereby
he
is
burnt
or
blemished
by
the
fire
,
although
he
be
not
killed
with
the
fire
,
neverthelesse
it
is
an
offence
for
which
he
shall
dye
.
Under
this
offence
sometimes
fall
those
who
threaten
burning
.
CHAP.
1.
SECT.
9.
Of
Man-slaughter
.
MAn-slaughter
is
the
killing
of
a
man
by
a
man
;
for
if
it
be
done
by
a
beast
,
or
by
mischance
it
is
not
Man-slaughter
.
This
offence
is
two
waies
;
either
by
the
Tongue
,
or
by
the
Act.
By
the
Tongue
three
waies
;
by
Counsell
,
Commandement
,
or
Deniall
.
By
Counsell
,
as
he
who
counselleth
another
to
kill
;
and
so
also
is
it
by
Commandment
.
By
Deniall
;
as
he
who
denieth
sustenance
to
a
man
.
By
Act
many
waies
;
sometimes
by
Striking
,
by
Poisoning
,
by
Necessity
,
by
Will
.
By
striking
,
as
it
afterward
appeareth
in
the
Appeales
.
By
poison
or
venoming
;
as
by
secret
felony
,
and
fained
friendship
giving
poison
to
another
to
eate
,
or
poisoneth
or
envenomed
any
thing
,
whereby
a
man
is
presently
or
in
time
killed
.
Or
by
Imprisonment
;
as
he
who
keepeth
the
body
of
a
man
in
prison
by
colour
of
Law
,
till
he
dyeth
.
By
Chance
;
as
by
casting
,
or
drawing
of
a
Vessell
,
or
other
thing
,
and
some
one
is
killed
by
mischance
;
or
by
the
falling
of
a
Tree
,
and
other
the
like
cases
.
But
you
must
distinguish
where
the
killing
is
justifiable
by
Law
,
for
there
it
is
no
offence
;
and
when
he
doth
not
that
which
he
ought
to
doe
,
and
the
party
useth
all
the
diligence
which
he
may
,
crying
out
,
and
defending
himselfe
,
for
then
he
doth
not
greatly
offend
;
but
he
who
doth
not
so
doe
,
he
offendeth
mortally
.
By
necessity
;
where
in
you
ought
to
distinguish
whether
the
necessity
be
avoidable
or
not
,
and
if
it
be
avoidable
,
it
is
a
mortall
offence
.
By
Will
;
and
that
may
be
either
of
himselfe
,
or
of
some
other
person
.
Of
himselfe
;
as
in
case
when
people
hang
themselves
or
hurt
themselves
,
o●
otherwise
kill
themselves
of
their
owner
felony
.
Of
others
;
as
by
beating
,
famine
,
or
other
punishment
;
in
like
cases
,
all
are
Man-slayers
.
Also
this
offence
is
done
willingly
;
as
by
those
who
paine
men
so
much
as
ought
not
,
or
not
so
much
as
they
ought
,
he
offendeth
mortally
.
But
it
may
be
alleadged
;
that
by
reason
of
the
paine
the
dead
doth
failly
confesse
the
Felony
;
and
sometimes
by
the
Reward
of
the
Coroners
or
Justices
are
destroyed
;
and
as
it
is
of
those
who
cast
and
leave
Children
and
others
who
cannot
goe
in
Deserts
,
or
in
such
places
and
returne
not
to
them
though
they
doe
now
dye
in
the
Deserts
,
God
succouring
them
.
And
also
false
Jurours
,
and
Wunesses
are
Men-slayers
,
and
those
who
appeale
others
,
or
scande●ously
Indict
them
,
or
in
other
manner
falsly
accuse
them
.
And
also
they
fall
under
this
offence
who
Imprison
the
people
in
such
places
,
or
put
them
to
such
punishment
,
where
it
may
be
found
by
Enquest
that
by
those
meanes
place
,
or
punishments
they
came
fooner
to
their
deaths
.
Three
waies
was
God
himselfe
killed
;
for
Tongues
killed
him
indeed
,
with
the
other
who
Crucified
him
,
or
procured
him
so
to
be
;
By
the
Tongue
Pilate
killed
him
,
who
Commanded
him
to
be
killed
;
By
Will
,
the
false
witnesses
,
and
all
those
who
consented
thereunto
killed
him
;
And
hence
it
is
that
the
Evargelifts
differ
of
the
houre
of
his
death
,
in
setting
forth
his
Passions
.
This
offence
doth
containe
many
branches
:
viz.
-
Imprisonment
,
-
Mayheim
,
-
Wounding
,
-
Battery
,
-
False
Witnesses
.
Imprisonment
is
the
wrongfull
detaining
of
a
mans
body
,
and
that
may
be
in
two
manners
;
either
in
a
common
Prison
of
the
King
;
or
in
a
private
Prison
which
is
forbidden
.
In
a
common
Prison
none
ought
to
be
put
,
if
he
be
not
attainted
of
an
offence
which
requireth
death
;
or
especially
appealed
,
or
indicted
,
and
by
Judgement
of
a
false
and
wrongfull
Imprisonment
.
A
private
Prison
is
1.
sometimes
rightfull
and
justifiable
;
2.
wrongfull
.
The
same
is
lawfull
and
justifiable
,
when
a
man
who
is
Baileable
,
is
taken
and
put
in
custody
till
he
hath
found
Baile
to
doe
that
which
he
ought
.
People
are
in
Custody
in
divers
manners
;
In
one
manner
by
the
warrant
of
Law
,
as
it
is
of
Enfants
within
age
,
Women
in
the
Custody
of
their
Husbands
;
men
of
Religion
in
the
Custody
of
the
Abbots
;
or
other
Soveraignes
of
their
houses
;
and
Villaines
in
the
Custody
of
their
Lords
.
In
another
manner
people
are
in
Custody
by
Common
assent
,
as
it
is
of
Idiots
,
of
people
wasters
of
their
estates
,
of
mad-men
,
and
of
those
who
are
drawne
to
follow
infamous
,
though
pardonable
offences
,
who
are
to
be
in
Custody
in
such
Cases
.
Into
the
offence
of
Man-slaughter
fall
all
those
by
whom
a
man
dyeth
in
Prison
;
and
that
may
be
either
by
the
Judge
,
who
delayeth
to
doe
Justice
,
or
by
durenesse
of
the
Keepers
,
or
by
other
unjustifiable
occasion
.
Into
this
offence
fall
all
those
through
whose
default
people
dye
,
being
forsaken
of
those
who
are
bound
to
sustaine
them
.
And
those
who
kill
a
man
imprisoned
,
by
a
surcharge
of
paine
,
in
case
when
any
is
adjudged
to
penance
.
And
all
those
who
unjustly
adjudge
a
man
to
death
;
and
those
who
assent
thereunto
,
and
false
Witnesses
who
falsly
restifie
a
mortall
offence
against
an
innocent
man
.
Into
this
offence
fall
all
Jurours
,
and
false
Phisitions
,
and
maintainers
of
killing
,
and
those
who
beate
or
wound
a
man
,
so
so
that
he
is
sarre
from
living
,
and
nearer
to
his
death
.
Mayhem
is
the
want
of
member
,
or
the
enseebling
of
it
by
breaking
,
or
cutting
the
bones
o●a
man
,
whereby
he
is
lesse
able
to
combare
.
And
Turgis
saith
;
That
the
losse
of
the
fore-teeth
is
Mayhem
,
and
of
the
turning
of
the
mouth
,
and
of
the
little
finger
,
and
of
the
right
joynt
;
and
the
taking
away
the
toes
of
the
feet
is
Mayhem
,
and
the
more
reason
where
more
losse
appeareth
.
And
Sennall
said
;
That
the
losse
of
the
eyes
is
Mayhem
,
if
nature
have
not
taken
them
away
;
but
the
losse
of
the
middle
Teeth
,
or
of
the
Nose
,
or
the
Eares
is
not
Mayhem
,
although
the
body
are
thereby
reviled
or
dishonoured
.
And
Billing
saith
;
That
Rasure
by
turning
the
bones
of
the
Head
,
or
of
the
Scull
of
the
Head
backward
;
is
Mayhem
,
and
also
of
other
bones
.
A
wound
is
cause
of
death
made
by
cutting
of
the
hand
,
or
the
arme
felloniously
,
which
is
shewed
by
the
length
,
breadth
,
or
depth
;
for
the
cutting
of
a
stone
,
or
of
a
staffe
seldome
becometh
a
wounding
but
a
bruising
.
CHAP.
1.
SECT.
10.
Of
Larcines
.
LArcine
is
the
treacherously
taking
away
from
another
moveables
Corporeall
,
against
the
will
of
him
to
whom
they
doe
belong
,
by
evill
getting
of
the
Possession
,
or
the
use
of
them
.
It
is
said
a
taking
,
for
bailing
,
or
delivery
is
not
in
the
Case
;
It
is
said
of
moveables
Corporiall
,
because
of
goods
not
moueables
,
or
not
Corporiall
;
as
of
Land
,
Rent
,
Advowsons
of
Churches
there
can
be
no
Larcine
.
It
is
said
;
Treacherously
,
because
that
if
the
taker
of
them
away
conceive
the
goods
to
be
his
owne
,
and
that
he
may
well
take
them
,
in
such
Case
it
is
no
offence
.
Nor
in
case
where
one
conceives
that
it
pleaseth
the
owner
of
the
goods
that
he
take
them
,
but
thereof
there
ought
to
be
apparant
presumption
and
evidence
.
There
be
two
parts
of
Larcine
.
One
which
is
done
openly
in
the
day
by
Robbery
.
The
other
which
is
done
in
the
night
,
or
in
the
twilight
.
Robery
is
done
sometimes
By
-
1.
Theeves
.
-
2.
Tortious
Distresses
of
Bayliffes
and
other
,
who
wrongfully
extort
from
the
people
.
-
3.
Extruders
and
Disseifors
who
with
force
openly
take
the
goods
of
others
as
before
is
said
-
4.
By
others
,
who
run
away
with
other
mens
Wives
,
or
Wards
,
and
thei●goods
.
Into
this
offence
fall
all
such
who
take
the
goods
of
others
by
Authority
of
the
King
,
or
of
other
great
Lords
,
without
the
consent
of
those
whose
goods
they
are
.
Larcine
is
committed
sometimes
by
open
Theeve
,
sometimes
by
Treacherous
;
as
it
is
in
divers
kinds
of
Merchandizes
,
and
as
it
is
o●
Labou●er
,
who
steale
their
labours
;
and
as
it
is
of
B●●iffes
,
Receivers
,
and
Administrators
of
others
goods
,
who
steale
them
in
not
giving
their
Accompts
.
Into
this
offence
fall
all
those
who
steale
Purses
or
Cloke-baggs
,
or
doe
any
other
Larcine
by
encrease
or
covetousnesse
of
themselves
,
and
all
their
favourers
.
Into
this
offence
fall
all
those
who
suffer
Theeves
to
passe
when
they
may
arrest
them
;
those
also
who
may
take
or
hinder
them
,
or
warne
them
of
malice
and
doe
nor
;
&
those
who
conceal
them
for
love
of
Theef-boore
;
or
other
reward
,
or
wittingly
receive
their
Larcine
,
or
their
persons
.
Into
this
offence
fall
all
those
who
steale
by
false
measures
,
and
false
weights
,
or
in
any
other
manner
of
treachery
by
colour
of
Merchandise
,
and
those
who
wittingly
suffer
them
where
they
may
hinder
them
.
Into
this
offence
fall
those
who
wrongfully
amerce
the
people
with
outragious
Amercements
,
or
outragiously
afferre
Amercements
,
or
wrongfully
condemne
their
Neighbours
either
in
damages
,
or
penalties
;
and
those
who
wrongfully
detaine
treasure
found
.
Wreck
,
Waife
,
or
Estray
which
belongeth
to
the
King
;
and
those
who
otherwise
finde
them
and
doe
not
restore
them
when
they
may
,
and
know
to
whom
they
doe
belong
.
Into
this
offence
fall
all
those
who
take
wrongfull
or
outragious
Tole
in
Markets
,
Ciries
,
Boroughs
,
Townes
,
Mills
,
or
elsewhere
;
and
those
who
take
pavage
,
murage
,
chinniage
,
carriage
,
or
other
manner
of
Customes
more
then
they
ought
to
doe
.
Into
this
offence
fall
those
Bailiffes
who
doe
enquire
in
Turnes
and
viewes
of
Franck-pledges
of
more
Articles
then
of
personall
offences
,
&
of
wrongs
done
to
the
King
and
his
Crown
,
and
of
wrongs
done
to
the
common
people
,
&
those
who
by
extortion
take
monies
or
Fines
for
Beaupleader
,
or
for
which
the
Jurours
are
not
charged
;
and
those
who
amerce
any
of
their
owne
heads
without
reasonable
affirment
of
the
people
sworne
thereunto
.
Into
this
offence
fall
those
who
unjustly
distraine
,
and
those
who
sell
distresses
for
the
Kings
debt
within
the
15.
daies
.
Into
this
offence
fall
all
those
Officers
of
the
Exchequer
,
and
others
who
forbid
to
make
Acquittances
under
the
Exchequer
Seale
,
to
every
one
for
so
much
as
he
hath
paid
;
and
who
oftner
then
once
cause
a
debt
to
be
leavied
;
who
to
take
Rewards
,
whereby
the
Townes
doe
not
in
due
manner
according
to
the
Constitution
of
Winchester
;
or
who
suffer
that
the
people
be
not
furnished
with
Armes
,
according
to
Common
appointment
.
Into
this
offence
fall
all
stealers
of
others
Venison
,
and
of
Fish
in
Ponds
,
and
of
Conies
,
Hares
,
Pheasants
,
Partriges
being
in
Warrens
,
&
otherfowl
,
Doves
and
Swans
,
of
the
Eires
of
all
manner
of
birds
.
Into
this
offence
fall
all
the
Sheriffs
,
Bailiffes
,
and
other
the
Kings
Officers
,
who
unjustifiable
by
extortions
take
money
of
the
people
,
as
for
defaults
unjustifiable
,
or
for
sheaves
or
other
Custome
unalowable
,
or
for
Plea
whereof
the
Judge
hath
no
jurisdiction
;
and
those
who
take
mony
to
put
men
out
of
Pannells
of
Juries
,
and
put
others
in
.
Into
this
offence
fall
all
those
who
take
Lands
,
Tenements
,
Horses
,
or
other
things
,
and
use
them
beyond
the
appointed
for
the
loane
of
them
;
and
those
who
by
the
authority
of
their
Bailiffes
make
unjustifiable
Collections
for
monies
,
or
other
provisions
,
or
Corne
in
Sheaves
for
Scottalls
,
or
other
Feastivalls
,
or
doe
to
the
people
other
unlawfull
grievance
in
the
like
case
.
And
those
sworn
Officers
who
cause
Fines
,
or
Amercements
,
or
other
m●nner
of
duty
to
be
oftentimes
leavied
upon
one
man
,
without
making
restitution
;
and
those
officers
who
take
of
other
then
of
the
King
,
or
of
their
Lords
,
to
doe
their
Office
;
and
those
who
oftner
then
twice
in
the
yeere
hold
Sheriffes
Turnes
,
or
who
oftner
then
once
in
the
yeere
hold
views
of
Frank-pledges
in
one
Court
;
and
those
who
by
unjustifiable
Articles
amerce
the
people
;
and
those
who
at
Mills
or
Markets
take
outragious
Tole
,
and
those
who
amerce
the
people
by
Presentments
not
made
by
the
whole
Decenry
,
or
by
others
then
of
Free-men
.
Into
this
offence
fall
they
who
doe
any
thing
upon
another
Inheritance
by
evill
covetousnesse
,
or
for
hatred
.
Into
this
offence
fall
Counters
who
take
outragious
Sallary
,
or
not
deserved
,
or
who
are
attainted
of
ill
defence
,
or
of
other
discontinuance
,
and
those
who
deny
their
Seales
in
Judgement
,
and
those
who
make
Contracts
which
are
forbidden
.
Into
this
offence
sall
Usurers
,
who
lend
mony
or
other
things
,
through
covetousnesse
to
take
the
forfeiture
.
And
those
who
rob
,
or
steale
the
Marriages
of
others
,
or
run
away
with
others
Wives
,
or
villaines
with
the
goods
of
others
.
And
all
Fore-stallers
,
by
whom
Victuals
or
Cattell
are
made
deare
.
They
are
Fore-stallers
who
within
any
Towne
or
Franchise
buy
to
engrosse
,
and
unlawfnlly
to
sell
more
deare
;
and
those
Butchers
who
sell
unwholsome
flesh
for
wholsome
;
and
those
Fish-mongers
who
buy
and
sellagainst
the
established
Law
;
and
all
those
of
what
Mysteries
soever
they
be
,
who
doe
deceitfully
in
their
trade
or
Mysteries
.
CHAP.
1.
SECT.
11.
Of
Hamsockne
,
or
Burglary
.
BUrglary
by
an
ancient
Ordinance
is
a
mortall
offence
;
for
the
Law
is
,
That
every
one
be
at
peace
in
his
owne
house
.
This
offence
is
not
done
only
by
breaking
of
a
house
,
but
is
also
done
by
a
fellonious
assault
of
Enemies
in
time
of
peace
,
upon
those
who
are
in
their
houses
with
intent
to
repose
there
in
peace
;
whether
the
assault
be
to
kill
,
or
to
rob
,
or
to
beat
those
who
are
in
rest
within
their
houses
.
And
although
it
be
that
these
offenders
doe
not
accomplish
their
purpose
,
if
neverthelesse
they
make
any
breaking
by
their
assault
of
the
doores
,
windowes
,
or
walkes
,
to
enter
felloneously
,
they
are
guilty
of
this
crime
.
Into
this
offence
fall
all
those
who
felloniously
force
their
entry
into
anothers
house
,
and
therein
doe
any
violence
against
the
peace
,
although
they
doe
not
break
the
house
,
and
that
as
well
in
the
day
time
as
the
night
;
and
those
who
diffeise
the
people
in
such
case
,
or
cast
them
our
of
their
houses
,
and
out
of
their
peaceable
possessions
wrongfully
.
CHAP.
1.
SECT.
12.
RApe
is
done
two
waies
,
that
is
to
say
,
of
things
,
and
of
Women
.
This
offence
is
here
put
because
King
E.
1.
by
his
Statute
made
it
mortall
,
which
is
more
grounded
upon
the
will
,
then
upon
diseretion
;
for
one
fortis
Whoredome
,
another
Fornication
,
another
Adultery
,
another
Incest
,
and
another
Rape
;
but
to
speake
properly
we
are
to
distinguish
of
the
offences
,
whereof
the
first
offence
is
greater
then
the
other
.
Whoredome
is
the
deslouring
of
a
married
woman
felloniously
.
Fornication
is
to
ravish
women
not
Married
.
Adultery
is
to
ravish
anothers
wife
.
Incest
is
to
ravish
Cousens
,
Parents
,
or
Affines
.
Rape
is
properly
the
taking
away
of
a
woman
for
the
desire
of
Marriage
.
Rape
neverthelesse
according
to
the
meaning
of
the
Statute
is
taken
for
one
proper
word
,
given
for
every
enforcement
of
a
woman
,
of
what
condition
soever
she
be
.
CHAP.
1.
SECT.
13.
Of
the
Office
of
the
Coroners
.
TO
Coroners
anciently
were
enjoyned
the
keeping
of
the
Pleas
of
the
Crown
,
which
extend
now
but
to
Fellonies
and
Adventures
.
-
There
are
2
kinds
of
Coroners
-
Generall
and
-
Speciall
To
the
Office
of
generall
Coroners
it
belongeth
to
receive
the
Appeales
of
all
the
County
of
Fellonies
done
within
the
yeere
;
to
award
the
Exigents
of
Contempts
,
and
to
pronounce
the
Judgements
of
Out-lawries
;
and
more
,
to
enquire
in
what
Pledge
they
were
,
or
Decenery
,
or
of
whom
Mainprized
,
and
in
whose
Ward
.
Speciall
Coroners
are
Coroners
of
Liberties
,
and
of
priviledged
places
.
To
the
Office
of
the
one
and
the
other
it
doth
belong
,
to
view
the
Carcases
of
the
dead
by
Felony
,
or
by
mischance
;
or
to
see
the
burnings
,
and
the
wounds
,
and
the
other
fellonies
,
that
is
to
say
,
every
one
in
his
Bailiwick
;
and
to
see
Treasure
tothe●
and
Wreaks
of
the
sea
,
and
to
take
the
acknowledgements
of
Felony
,
and
to
give
the
Abjuration
to
flyers
to
sanctuary
,
and
to
take
the
Enquests
of
Felonies
hapning
within
their
Bailiwicks
.
As
to
the
view
of
the
Carcase
of
the
body
of
a
man
,
it
is
his
office
that
so
soone
as
he
shall
be
certified
thereof
,
to
send
to
the
Hundred
of
the
place
to
summon
sufficient
able
men
of
the
next
Townes
,
that
at
a
short
day
certainly
named
,
they
be
before
him
at
such
a
place
,
all
which
done
the
Carcase
is
to
be
viewed
;
and
if
he
finde
it
there
buried
,
that
it
be
taken
up
,
and
to
the
Coroner
it
belongeth
to
Record
the
names
of
them
who
buried
him
;
and
if
it
hath
been
decreased
or
endamaged
by
ill
keeping
,
or
laine
so
long
that
it
cannot
be
judged
how
it
came
by
its
death
,
that
the
same
also
be
Recorded
,
that
this
negligence
be
punished
at
the
comming
of
the
King
,
or
his
Justices
in
Eyre
into
those
parts
;
and
if
the
Coroner
,
with
the
advice
of
the
people
present
be
able
to
judge
of
the
death
,
then
they
are
to
present
the
manner
of
his
killing
,
whether
he
dyed
of
anothers
Felony
,
or
of
his
owne
,
or
by
mischance
;
and
if
of
blowes
,
whether
of
a
staffe
,
or
a
stone
,
or
a
weapon
;
and
the
the
Coroner
is
to
Record
in
his
Booke
the
names
of
those
who
were
summoned
and
appeared
not
,
that
the
same
offences
of
disobedience
remaine
not
nnpunished
,
whereby
the
Coroner
could
not
at
that
time
doe
his
office
for
want
of
Jurours
.
In
those
Enquests
lye
no
Exceptions
,
or
Challenges
to
the
Persons
of
the
Jurours
;
but
he
ought
to
make
his
Pannells
of
the
discreetest
,
and
of
the
ablest
and
best
of
them
,
and
to
see
that
the
Carcase
be
buried
.
The
Pannells
are
to
be
of
Decenies
;
for
Coroners
at
these
Enquests
,
Sheriffes
at
their
Turnes
,
Bailiffes
at
the
viewes
of
Franck-pledges
,
Escheators
and
the
Kings
Officers
of
his
Forrests
,
have
power
by
authority
of
their
Office
to
send
for
the
people
,
which
none
other
have
without
the
Kings
Writ
;
and
that
is
for
the
keeping
of
the
peace
,
and
for
the
right
of
the
King
,
and
for
the
common
people
.
The
Articles
are
these
.
YOu
shall
by
your
Oathes
declare
of
the
death
of
this
man
,
whether
be
dyed
of
Felony
,
or
by
mischance
;
and
if
of
Felony
,
whether
of
his
owne
,
o●
of
anothers
;
and
if
by
mischance
,
whether
by
the
Act
of
God
,
or
of
man
,
and
if
of
Famine
,
whether
of
Poverty
,
or
of
common
Pestilence
;
and
from
whence
he
came
,
and
who
be
was
,
and
if
he
dyed
of
anothers
Felony
,
who
were
Principalls
,
and
who
Accessours
;
and
if
Hue
and
Cry
were
duely
made
or
not
;
and
whether
the
men
fled
according
to
Law
or
not
,
and
who
threatned
him
of
his
life
or
members
,
and
who
were
Sureties
for
the
Peace
;
or
whether
he
dyed
of
long
Imprisorment
,
or
of
paine
,
and
by
whom
he
was
farther
from
Life
,
and
neaver
to
his
death
;
and
so
of
all
prevading
circumstances
that
can
come
by
presumptions
.
And
in
case
where
he
dyed
by
hurt
,
or
fall
,
or
other
chance
by
the
Act
of
God
,
so
that
he
had
not
power
to
speake
before
his
death
;
then
you
shall
tell
the
names
of
the
finders
,
and
of
his
next
Neighbours
,
and
who
were
his
Parents
,
and
if
he
were
killed
there
or
elsewhere
,
and
if
elsewhere
,
by
whom
,
and
how
he
was
thence
brought
,
and
the
value
&
kind
of
the
Deodand
,
and
to
whose
hands
it
came
;
for
in
case
a
man
dyeth
by
a
fall
,
in
such
case
according
to
Randulfe
de
Glanvill
,
it
is
Ordained
,
whatsoever
is
cause
of
his
death
is
Deodand
;
as
it
is
for
whatsoever
moveth
in
the
thing
whereof
be
fell
,
as
Horse
,
Cart
,
Mill-stone
;
also
Vessels
are
sometimes
Deodands
but
not
in
the
sea
;
the
summes
upon
the
Horses
,
the
goods
lying
in
Ships
,
Mills
,
Carts
,
and
Houses
,
are
not
acconnted
for
Deodands
.
And
in
case
of
anothers
Felony
,
then
the
Jurours
declare
who
were
the
Felons
,
in
what
Pledge
,
Dosien
,
Ward
,
or
Maineprize
they
were
,
and
from
whence
they
came
,
and
where
they
returned
.
And
if
he
was
killed
by
false
Judgement
,
then
that
the
Jewry
declare
who
were
the
Judges
,
who
the
Officers
to
forme
the
Judgement
,
and
who
Accessories
;
and
if
of
false
Witnesses
,
who
were
they
,
and
the
Jurours
.
And
if
he
dyed
of
his
owne
Felony
,
then
that
they
tell
the
manner
,
and
the
value
of
his
goods
,
and
the
names
of
his
Parents
,
and
the
Finders
,
and
of
the
Neighbours
,
and
the
value
of
the
wast
.
There
are
nine
manner
of
Accessories
.
1
Those
who
command
.
2
Those
who
conceale
3
Those
who
allow
and
consent
.
4
Those
who
see
it
.
5
Those
who
helpe
.
6
Those
who
be
partners
in
the
gaine
.
7
Those
who
knew
thereof
,
and
did
not
interupt
or
hinder
it
by
forbidding
.
8
Those
who
knowingly
receive
.
9
Those
who
are
in
the
force
.
Of
misadventures
in
Turnaments
,
in
Courts
and
Lists
,
King
Henry
the
2.
Ordained
,
that
because
at
such
Duells
happen
many
mischances
;
That
each
of
them
take
an
Oath
that
he
beareth
no
deadly
hatred
against
the
other
,
but
onely
that
he
endeavoureth
with
him
in
love
to
try
his
strength
in
those
common
places
of
Lists
,
and
Duells
,
that
he
might
the
better
know
how
to
defend
himselfe
against
his
enemies
;
and
therefore
such
mischances
are
not
supposed
Felony
,
nor
the
Coroners
have
not
to
doe
with
such
mischances
which
happen
in
such
common
meetings
,
where
there
is
no
intent
to
commit
any
felony
.
Coroners
also
ought
to
make
their
views
of
Sodomies
,
and
of
monstruous
births
of
Children
,
who
have
nothing
of
humanity
,
or
who
have
more
of
other
Creatures
then
of
man
;
and
Coroners
were
to
burie
them
.
But
the
holy
Faith
doth
more
and
more
now
daily
confirme
men
,
that
they
abstaine
to
commit
these
horrible
sins
which
they
used
to
do
.
Also
they
used
to
enquire
of
butnings
,
and
who
put
to
the
fire
,
and
how
;
and
whether
it
were
by
felony
or
mischance
;
and
if
of
felony
,
of
whose
felony
,
and
who
were
the
Principall
,
and
who
the
Accesories
,
and
who
were
the
threatners
thereof
.
It
belongeth
to
them
at
their
viewes
to
enquire
after
Treasure
privately
hidden
,
and
found
in
the
ground
,
and
how
the
Treasure
was
found
,
and
by
whom
,
and
how
much
there
was
;
and
if
it
be
all
seised
upon
,
or
all
carried
away
,
and
who
carried
it
away
,
and
how
much
;
and
who
were
the
finders
of
it
,
and
the
next
Neighbours
.
At
their
viewes
of
Wrecks
,
they
ought
to
enquire
whether
the
Wreck
came
to
Land
,
what
be
the
things
,
and
how
much
,
and
the
value
of
them
distinctly
by
parcels
;
and
if
a
Man
,
Beast
,
Cat
,
or
other
living
thing
came
with
it
or
not
;
and
that
by
Divident
it
be
delivered
to
the
next
Towne
,
that
they
may
answer
the
Lord
if
he
come
to
claime
it
,
&
receive
it
within
the
yeere
.
At
his
view
of
wounds
,
it
behooveth
him
that
he
view
the
Wound
,
and
make
a
Record
of
the
length
,
breadth
,
and
depth
of
it
,
in
aide
of
the
wounded
if
he
complain
,
in
case
the
wound
be
healed
,
the
Coroner
of
the
County
may
helpe
him
by
the
Record
.
Also
it
belongeth
to
them
to
view
Burglaries
,
&
to
enquir
of
the
names
of
the
Felons
,
and
what
they
have
to
live
of
,
and
from
whence
they
came
,
or
whether
they
returned
;
and
of
the
Menasors
,
and
of
other
Circumstances
.
The
Jurours
are
severed
into
doziens
,
so
that
one
dozien
speak
not
with
another
,
but
that
every
Jury
answer
by
it self
,
and
review
the
Presennnents
,
and
the
Verdict
,
so
are
they
chargeable
,
to
accuse
the
Conspirators
who
procure
to
save
any
Offendant
,
or
to
indict
an
innocent
in
such
Enquests
.
All
the
Verdicts
before
the
Coroners
as
well
of
Accessories
as
of
the
Principall
are
at
the
Commandment
of
the
Coroners
receiveable
by
the
Sheriffes
,
and
the
Principall
and
Accessories
are
to
be
taken
and
delivered
to
Maine
prisors
,
and
in
the
presence
of
them
and
of
the
Sheriffes
their
goods
moveables
and
not
moveables
are
to
be
seized
into
the
Kings
hands
,
and
by
a
reasonable
Extent
and
Divident
,
the
moveables
are
deliverable
for
the
finding
of
the
Prisoners
,
and
for
their
needful
and
reasonable
sustinance
,
&
the
King
to
be
answered
the
residue
,
saving
,
the
right
both
to
the
Principall
if
they
be
acquitted
,
and
to
the
Accessories
by
Mainprise
.
And
if
any
one
fly
,
or
make
resistance
,
and
will
not
answer
the
Law
,
it
is
lawfull
for
every
one
to
kill
him
,
if
he
cannot
otherwise
apprehend
him
.
And
Bermund
awarded
;
That
all
goods
of
those
that
fled
should
remaine
forfeit
to
the
King
,
saving
to
every
one
his
right
,
although
that
afterwards
he
yeeld
himselfe
to
the
Peace
.
And
Iselgram
said
;
That
he
is
no
flyer
who
appeareth
in
Judgement
before
he
be
Out-lawed
.
If
any
one
fly
to
Sanctuary
and
there
demand
protection
,
we
are
to
distinguish
;
for
●●le
be
a
common
Thiefe
,
Robber
,
Murderer
,
Night-walker
,
and
be
knowne
for
such
a
one
,
and
discovered
by
the
people
,
&c
of
his
Pledges
and
Deziners
;
or
if
any
one
be
convict
for
Debr
,
or
other
offence
upon
his
owne
confession
,
and
hath
sorjered
the
Realme
,
or
hath
been
exiled
,
banished
,
Out-lawed
or
Weyved
;
or
if
any
one
have
offended
in
Sanctuary
,
or
joyned
upon
this
hope
to
be
defended
in
Sanctuary
,
they
may
take
him
out
thence
without
any
prejudice
to
the
Franchue
of
Sanctuary
.
But
in
the
right
of
Offenders
,
who
by
mischance
fall
into
an
offence
mortall
out
of
Sanctuary
,
and
for
true
Repentance
run
to
Monasteries
,
and
commonly
confesse
themselves
sorrowfull
,
and
repent
,
such
offenders
being
of
good
fame
,
if
they
require
tuition
of
the
Church
,
King
Hen.
2.
at
Clarendon
granted
unto
them
,
that
they
should
be
defended
by
the
Church
for
the
space
of
forty
daies
;
and
Ordained
that
the
Townes
should
defend
such
flyers
for
the
whole
forty
daies
,
and
send
them
to
the
Coroner
at
the
Coroners
view
.
It
is
in
the
election
of
the
offender
to
yeeld
to
the
Law
,
or
to
acknowledge
his
offence
to
the
Coroners
,
and
to
the
people
,
and
to
waive
the
Law
;
and
if
he
yeeld
himselfe
to
be
tryed
by
Law
,
he
is
to
be
sent
to
the
Goale
,
and
to
waite
for
either
acquittall
or
Condemnation
;
And
if
he
confesse
a
nortall
offence
,
and
desire
to
depart
the
Realme
,
without
desiring
the
tuition
of
the
Church
,
he
is
to
goe
from
the
end
of
the
Sanctuary
ungirt
in
pure
Sack-cloth
,
and
there
sweare
that
he
will
keepe
the
straight
way
to
such
a
Port
,
or
such
a
passage
which
he
hath
chosen
,
and
will
stay
in
no
parts
two
nights
together
,
untill
that
for
this
mortall
offence
which
he
hath
confessed
in
the
hearing
of
the
people
he
hath
avoyded
the
Realme
,
never
to
returne
during
the
Kings
life
without
leave
,
so
God
him
help
,
and
the
holy
Evangelists
;
and
afterwards
let
him
take
the
signe
of
the
Crosse
and
carry
the
same
;
and
the
same
is
as
much
as
if
he
were
in
the
protection
of
the
Church
.
And
if
any
one
remaine
in
Sanctuary
above
the
forty
daies
,
by
so
doing
he
is
barred
of
the
grant
of
Abjuration
if
the
fault
be
in
him
,
after
which
time
it
is
not
lawfull
for
any
one
to
give
him
victuals
.
And
although
such
be
out
of
the
peace
,
and
the
protection
of
the
King
.
yet
none
ought
to
dishearten
them
,
all
one
as
if
they
were
in
the
protection
of
the
Church
,
if
they
be
not
found
out
of
the
high
way
,
or
wilfully
breake
their
Oathes
,
or
doe
other
mischiese
in
the
high
way
.
If
he
who
is
killed
be
unknowne
,
in
such
case
the
Coroners
ought
to
shew
the
murdered
cloathes
,
according
to
the
Statute
of
King
Kanute
,
who
Ordained
for
the
safeguard
of
his
Danes
whom
he
lest
in
England
;
That
if
a
man
unknowne
were
killed
,
that
the
whole
Hundred
should
be
amerced
to
the
King
by
the
Judgement
of
Murder
.
Four
things
excuse
the
Hundred
from
the
Judgement
of
Murder
.
1
If
the
Felon
be
knowne
who
killed
him
,
for
if
the
Felon
be
knowne
,
then
may
he
be
attainted
of
the
Felony
.
2
Another
,
If
the
Felon
be
apprehended
,
or
if
he
fly
to
a
Monastery
.
3
If
the
killing
come
not
by
Felony
,
but
by
mischance
.
4
The
fourth
in
case
where
a
man
is
a
felon
of
himself
,
and
because
there
could
be
no
Murder
of
a
man
knowne
,
it
belongeth
to
the
Coroners
to
enquire
in
those
Fellonies
of
what
Kindred
or
Lineage
those
that
were
killed
were
,
so
that
one
may
know
by
their
Parents
whether
they
were
of
the
English
nation
or
not
;
for
if
no
man
could
name
their
Parents
,
it
was
great
presumption
that
they
were
Alliens
.
And
thence
it
is
that
one
calleth
that
Parentage
Englishire
,
where
the
Parentage
be
found
of
the
Fathers
or
of
the
Mothers
side
;
and
if
no
Englishire
be
found
,
then
that
it
hath
the
Judgement
of
Murder
.
To
the
Office
of
the
Coroners
it
also
belongeth
to
receive
the
confession
of
Felons
in
the
hearing
of
Witnesses
,
whereby
of
a
grand
Felony
done
by
many
offenders
it
came
to
passe
in
the
time
of
King
John
,
that
one
of
the
offenders
petitioned
the
King
;
That
he
would
pardon
him
his
life
,
for
that
he
had
accused
the
other
offenders
who
were
his
companions
,
and
that
the
King
Out-lawed
them
;
and
at
the
request
of
the
King
the
Earles
granted
;
That
in
Sanctuarie
;
only
it
should
remaire
for
Law
,
that
offenders
having
confessed
the
Felony
might
accuse
others
;
and
that
it
was
then
Ordained
;
That
the
Coroners
should
take
such
Confessions
,
and
such
Appeales
but
once
,
and
not
many
times
.
Women
are
not
admitted
to
bring
Appeales
,
nor
Infants
within
the
Age
of
21.
yeeres
,
no
Idiots
,
nor
men
professors
,
not
Clerks
indicted
or
appealed
of
any
Crime
,
nor
men
attainted
of
false
Appeale
,
not
those
who
are
vanquished
in
battaile
,
but
those
who
have
government
of
themselves
.
The
Appelees
are
to
be
seised
upon
body
and
goods
twice
in
the
yeere
,
that
is
to
fay
;
once
after
Michaelmas
,
and
another
time
after
Easter
;
And
because
Sheriffes
to
doe
the
same
make
their
Turnes
of
the
Hundred
,
such
visnes
are
called
the
Sheriffes
Turnes
;
where
it
belongeth
to
the
Sheriffe
to
enquire
of
all
personall
Offences
,
and
of
all
the
circumstance
;
of
Offences
done
within
the
Hundred
;
and
of
the
wrongs
of
the
King
and
Queens
Officers
,
and
of
wrong
done
to
the
King
and
the
Common
people
,
according
to
the
Articles
aforesaid
in
the
division
of
Offences
.
The
Appeales
are
to
be
seised
upon
body
and
goods
as
afore
is
said
;
and
if
any
Forrainer
be
appealed
who
is
out
of
the
power
of
the
Coroner
,
the
Kings
Commisrary
is
to
cause
him
to
appeare
,
or
Outlaw
him
.
CHAP.
1.
SECT.
14.
Of
the
Exchequer
.
THe
Exchequer
is
a
place
which
was
Ordained
onely
for
the
Kings
Revenew
,
where
two
Knights
,
two
Clerkes
,
and
two
learned
men
in
the
Law
are
assigned
to
heare
and
determine
wrongs
one
to
the
King
and
Crowne
in
right
of
his
Fees
,
and
the
Franchises
,
and
the
Accompt
,
of
Bayliffes
,
and
Receivers
of
the
Kings
Monie
;
and
of
the
Administrators
of
his
Goods
,
by
the
over-sight
of
one
Chiefe
who
is
the
Treasurer
so
England
.
The
two
Knights
usually
called
two
Barons
,
were
for
to
afferre
the
Amercements
of
Earls
,
Barons
,
and
of
the
Tenant
;
of
Earldomes
and
Baronies
,
so
that
none
be
amerced
but
by
his
Peers
.
To
this
place
there
was
a
Seale
assigned
,
with
a
Keeper
of
it
,
to
make
Acquittances
upon
every
payment
to
those
who
desired
them
,
and
to
seale
Writs
and
Escheates
under
green
Wax
issuing
from
thence
for
the
Kings
Revenue
.
In
this
place
there
are
also
Chamberlaines
and
many
other
Officers
,
who
belong
not
very
much
to
the
Law
.
CHAP.
1.
SECT.
15.
Of
inferiour
Courts
.
FRom
the
first
Assemblies
came
Consistories
which
we
now
call
Courts
,
and
that
in
divers
places
,
and
in
divers
manners
;
whereof
the
Sheriffes
held
one
Monethly
or
every
five
week
;
according
to
the
greatnesse
or
largenesse
of
the
Shires
.
And
these
Courts
are
called
County-Courts
,
where
the
Judgement
is
by
the
Suiters
if
there
be
no
Writ
,
and
is
by
warrant
of
Jurisdiction
ordinary
.
The
other
inferiour
Courts
are
the
Courts
of
every
Lord
of
the
Fee
,
to
the
likenesse
of
Hundred
Courts
;
and
also
in
Fayres
and
Markets
,
where
right
is
to
be
ministred
without
delay
,
whether
the
matter
concern
the
Plaintiffe
or
Defendant
,
according
to
the
first
Ordinances
;
in
which
Court
;
they
have
counsans
of
Debts
,
Covenant
;
broken
,
and
of
Trespasses
,
and
of
such
small
things
which
passe
not
forty
shilling
;
value
;
and
also
they
have
Counsans
of
Trespasses
,
and
forfeitures
of
the
Fees
betwixt
the
Lords
Plaintiffes
,
and
the
Tenants
Defendants
,
Et
è
contra
.
There
are
other
inferiour
Courts
which
the
Bayliffes
hold
in
every
Hundred
,
from
three
weekes
to
three
weekes
by
the
Suters
of
the
Free-holders
of
the
Hundred
.
All
the
Tenants
within
the
Fees
are
bounden
to
doe
their
Suit
there
,
and
that
not
for
the
service
of
their
Persons
,
but
for
setvice
of
their
Fees
.
But
Women
,
Infants
within
the
age
of
21.
yeeres
,
deafe
,
dumb
,
idiots
;
those
who
are
Indicted
or
Appealed
of
any
mortall
Felony
before
they
be
acquitted
,
diseased
persons
,
and
excommunicated
persons
are
exempted
from
doing
Su●t
,
and
although
it
be
that
such
Free-holders
may
doe
Suits
at
inferiour
Courts
by
their
Atturnies
,
neverthelesse
the
Judgement
is
not
to
be
given
or
holden
for
forraign
;
and
if
any
Plea
be
removed
by
Writ
of
Justities
,
Replegiatie
,
wast
,
or
of
other
nature
,
that
enable
the
Jurisdiction
from
which
the
Writ
is
originally
sent
,
and
returneable
.
CHAP.
1.
SECT.
16.
Of
the
Sheriffes
●urnes
.
THe
Sheriffes
by
ancient
Ordinances
hold
severall
meeting
;
twice
in
the
yeere
in
every
Hundred
,
where
all
the
Free-holders
within
the
Hundred
are
●ound
to
appeare
for
the
service
of
their
Fees
;
that
is
to
say
,
once
after
Michael●as
,
and
another
time
after
Easter
;
and
because
Sheriffes
to
doe
this
make
their
Turne
;
of
Hundreds
,
such
appearances
are
called
the
Sheriffes
Turnes
,
where
it
belongeth
to
Sheriffes
to
enquire
of
all
personall
offences
,
and
of
all
their
Circumstance
,
done
within
those
Hundreds
and
of
all
wrongs
done
by
the
King
and
Queens
Officers
,
and
of
wrongs
done
to
the
King
,
and
to
the
common
people
,
according
to
the
points
aforesaid
in
the
division
of
offences
.
All
Free-holders
within
the
Hundred
are
not
bounden
to
appeare
at
these
Courts
,
for
King
Hen.
3.
excused
some
persons
,
&
said
;
That
it
was
not
needfull
that
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
religious
Persons
,
nay
such
people
,
not
other
who
were
exempted
to
doe
Suit
at
inferiour
Courts
should
appeare
in
proper
person
,
if
their
appearance
were
not
necessary
for
some
other
cause
then
onely
to
make
their
appearance
.
And
if
any
one
hath
divers
Tenements
in
divers
Hundreds
,
his
presence
is
not
to
be
excused
notwithstanding
the
Kings
grant
.
CHAP.
1.
SECT.
17.
Of
viewes
of
Franck-pledges
.
OF
these
first
Assemblie
,
it
was
also
Ordained
;
That
every
Hundred
doe
make
a
common
meeting
once
in
the
yeere
,
not
onely
of
the
Free-holders
,
but
of
all
Persons
within
the
Hundred
,
Strangers
and
Denizens
of
the
age
of
12.
yeeres
and
upwards
,
except
of
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
teligious
Persons
,
and
all
Clerkes
,
Earls
,
Barons
,
and
Knights
,
Feme
Coverts
,
Deafe
,
Dumb
,
Sick
,
Idiots
,
infected
Persons
,
and
those
who
are
not
in
any
Dozien
,
to
enquire
of
the
points
aforesaid
,
and
of
the
Articles
following
,
and
not
by
villanies
,
nor
by
women
,
but
by
the
afferment
of
Free-men
at
the
least
;
for
a
Villaine
cannot
indict
a
Free-man
,
nor
any
other
who
is
not
receiveable
to
doe
Suite
in
inferiour
Courts
,
and
therefore
it
was
anciently
Ordained
;
that
none
should
remaine
in
the
Realme
if
he
were
not
in
some
Decenny
,
and
pledge
of
Free-men
;
it
belongeth
also
to
Hundredours
once
a
yeare
to
shew
the
Franck-pledges
,
and
the
Pledgers
,
and
therefore
are
the
Viewes
called
the
View
of
Franck-pledges
.
The
Articles
are
these
.
BY
the
Oathes
you
have
taken
,
you
shall
declare
whether
all
they
who
ought
,
doe
appeare
or
not
.
If
all
the
Free-men
of
the
Hundred
,
or
of
the
Fees
be
present
.
If
all
the
Franck-pledges
have
their
doziens
entire
,
and
all
those
who
they
have
in
pledge
.
If
all
those
of
the
Hundred
,
or
of
the
Fees
of
the
age
of
12.
yeeres
and
above
,
have
sworn
fealty
to
the
King
;
and
of
the
receivers
of
others
wittingly
.
Of
all
Bloud-sheds
,
of
Hue
and
Cry
wrongfully
leavied
,
or
rightfully
leavied
and
not
duely
pursued
,
and
of
the
names
of
the
Pursuers
;
of
all
mortall
offences
,
and
of
their
kinds
,
and
as
well
of
the
Principalls
as
of
the
Accessories
.
Of
all
Exiles
,
Out-lawes
,
Warves
,
and
banished
Persons
returned
,
and
who
have
since
received
them
,
and
of
those
who
have
been
judged
to
death
,
or
abjured
the
Realm
.
Of
Usarers
,
and
of
all
their
goods
.
Of
Treasure
t●ove
,
Wrecks
,
Waifes
,
Estreyes
,
and
of
every
purpresture
and
encreachment
upon
the
King
,
o●
upon
his
Dignity
.
Of
all
wrongs
done
by
the
Kings
Officers
and
others
to
the
common
people
,
and
of
all
purprestures
in
common
places
,
in
the
Land
,
or
in
the
Water
,
or
elsewhere
.
Of
Boundaries
remsved
to
the
common
Nusance
of
the
people
.
Of
every
breach
of
the
Assize
of
Breed
,
Bear
,
Wine
,
Clothes
,
Weights
,
Measwes
,
Beames
,
Bushels
,
Gallons
,
Fills
,
and
Yards
,
and
of
all
false
Scales
,
and
of
those
who
have
used
them
.
And
of
those
who
have
bought
by
one
kind
of
measure
,
and
sold
by
another
kind
in
deceit
of
Merchants
,
or
buyers
.
Of
the
disturbers
of
f●aming
lawfull
Judgements
,
and
of
the
framers
of
wrongfull
Judgements
,
and
of
the
Abbettors
,
and
consenters
thereunto
.
Of
every
wrongfull
detinue
of
the
body
of
a
mar
,
or
other
distresse
.
Of
every
false
Judgement
given
by
the
View
in
the
other
Hundred
,
o●
in
the
Fee
.
Of
every
Fore-stallment
done
in
the
common
High-way
.
Of
wrongfull
Replovies
,
and
wrongfull
Reco●sses
Of
every
outragious
Distresse
in
another
Fee
,
or
in
the
Market
for
a
forraign
contract
.
Of
all
Bridges
broken
,
and
Causies
,
wayes
,
common
Bridges
,
and
who
ought
for
to
repaire
hem
.
Of
the
makers
of
Cloathes
dwelling
out
of
great
Towns
in
places
forbidden
.
Of
Tanners
and
Curriers
of
Leather
.
Of
Butchers
,
and
who
sell
unwholsome
flesh
for
that
which
is
sound
;
and
of
all
those
who
sell
corrupt
Wine
for
sound
Wine
;
or
Beare
,
Ale
raw
and
not
well
brewed
,
for
that
which
is
good
and
wholsome
.
Of
small
La
eines
.
Of
cutters
of
Purses
.
And
of
those
who
suffer
people
to
use
any
Mysterie
for
reward
or
Fee
.
Of
Receivers
of
Thies-boot
.
Of
makers
and
baunters
of
false
Dice
.
Of
outragious
Tole-takers
,
and
of
all
other
deceivers
.
Of
all
manner
of
Conspiraters
.
And
of
all
other
Articles
availeable
for
the
destruction
of
offenders
.
And
the
Presentments
are
to
be
sealed
with
the
Seales
of
the
Jurours
,
so
that
none
by
fraud
doe
increase
or
diminish
them
;
and
that
which
cannot
be
redressed
there
by
these
Presentments
,
is
presentable
at
the
Sheriffes
first
Turne
;
and
those
things
which
the
Sheriffes
cannot
redresse
are
to
be
presented
by
the
Sheriffes
into
the
Exchequer
.
All
those
who
are
Presented
for
any
offence
which
is
mortall
,
and
banished
Persons
who
are
returned
,
and
their
receivers
,
and
those
who
are
not
in
allegiance
under
the
King
are
to
be
seised
upon
,
and
their
goods
to
be
seised
into
the
Kings
hands
.
And
although
it
be
so
that
the
Bailiffe
can
not
heare
and
determine
any
Action
at
the
Leete
,
neverthelesse
if
any
one
present
be
grieved
by
any
wrongfull
Presentment
,
and
complain
thereof
;
or
if
the
Bayliffe
or
Steward
have
a
suspition
that
the
Jurours
be
in
some
case
perjured
by
concealing
of
any
offence
which
is
Presentable
,
or
of
any
offender
;
It
is
lawfull
for
the
Bayliffes
(
or
Stewards
)
by
twelve
more
disereet
men
,
to
enquire
of
the
truth
thereof
without
delay
;
and
although
that
the
last
Jurours
joy
that
the
first
are
perjured
,
neverthelesse
because
that
no
Decenery
or
Jurour
is
not
attestable
with
lesse
then
two
Juryes
;
and
because
the
latter
Jurie
is
not
taken
but
ex
officio
of
the
Bayliffe
,
and
not
in
the
nature
of
an
Attaint
,
the
first
Jurours
are
not
to
be
taken
Attainted
,
but
are
onely
to
be
amerced
.
And
if
any
one
profer
himselfe
to
sweare
fealty
to
the
Kings
he
is
first
to
be
pledged
in
some
Franck-pledgs
and
put
in
the
Decenety
;
and
afierwards
sworne
to
the
King
;
and
then
he
is
forbidden
to
offend
and
common
with
offenders
,
and
he
is
to
be
enjoyned
to
be
obedient
to
his
chiefe
pledge
.
And
to
take
this
Oath
in
those
Views
is
none
exempted
who
is
past
the
age
of
21.
yeeres
,
man
or
woman
,
Clerke
nor
Lay-man
,
except
Alliens
,
Strangers
,
Mossengers
,
or
Merchants
,
and
those
who
are
in
custody
.
At
these
Viewes
of
Turnes
,
and
viewes
of
Franck-pledges
Essoignes
hold
,
where
the
absence
of
those
who
cannot
be
there
is
excusable
,
and
such
Essoignes
are
adjournable
to
the
next
Courts
following
,
that
the
Essoigners
have
their
Warrants
.
The
Contents
of
the
Second
Chapter
.
-
OF
Actions
.
-
Of
Judges
.
-
Of
Plaintiffes
.
-
Of
Rewards
or
Fees
.
-
Of
Pleaders
or
Countees
.
-
Of
Attachments
.
-
Appeales
,
and
to
whom
Appeale
is
given
.
-
Of
Goales
and
Goaters
.
-
Of
Bayles
in
Appeales
.
-
Of
the
Appeale
of
Majesty
.
-
Appeale
of
falsifying
.
-
Of
Appeales
of
Tredson
.
-
Of
Appeales
of
burning
.
-
Of
the
Appeales
of
murder
.
-
Of
the
Appeales
of
Robbery
and
Larcine
.
-
Of
the
Appeale
of
Burglary
.
-
Of
the
Appeale
of
Imprisonment
.
-
Of
the
Appeale
of
Mayhorn
.
-
Of
the
Appeale
of
wounding
.
-
Of
the
Appeale
of
Rape
,
-
Of
reall
offences
at
the
Kings
Suit
.
-
Of
offences
personall
at
the
Kings
Suit
.
-
Of
veniall
offences
and
personall
Suits
.
-
Of
the
Assize
of
Novel
dissesin
.
-
Of
Distresses
.
-
Of
Contracts
.
-
Of
villinage
and
Neifitie
.
-
Of
Summons
.
-
Of
Essoignes
.
-
Of
Atturnies
.
CHAP.
II.
CHAP.
II.
SECT
1.
Of
Actions
.
WHen
it
is
said
that
Kings
and
Princes
have
the
Government
and
Correction
of
Offenders
,
with
aide
of
the
Prelates
;
and
to
that
intent
they
are
Gods
Vicegerant
,
on
Earth
,
and
to
doe
the
same
they
have
Jurisdiction
over
the
offenders
by
paines
,
and
cheifly
those
offenders
which
are
under
their
Jurisdiction
;
neverthelesse
Kings
cannot
not
ought
not
to
take
notice
of
the
offences
of
others
without
Actions
of
Accusers
,
which
well
appeareth
by
the
example
which
God
shewed
when
he
was
in
his
Consistory
,
and
demanded
who
was
the
Accuser
of
the
woman-sinner
;
and
because
none
presented
himselfe
an
Accuser
against
her
,
to
give
us
a
perpetuall
example
that
right
Judgement
cannot
be
given
without
there
be
three
persons
at
the
least
,
viz.
a
Judge
,
a
Plaintiffe
,
and
a
Defendant
,
God
said
to
the
woman-sinner
,
That
she
should
goe
in
peace
or
quiet
,
since
it
belongeth
not
to
a
Judge
,
to
be
both
Judge
,
and
Plaintiffe
;
and
therefore
it
behooveth
to
speake
of
Actions
,
and
who
are
and
may
be
Judges
,
and
who
Plaintiffes
,
and
who
Defendants
.
An
Action
is
nothing
else
but
a
lawfull
demand
of
right
,
and
there
are
three
manner
of
Actions
which
have
their
Introductions
by
Writs
,
and
by
Plaints
in
manner
as
followeth
,
viz.
Personall
,
Reall
,
and
Mixt.
CHAP.
II.
SECT.
2.
Of
Judges
.
ALthose
who
are
not
forbidden
by
Law
may
be
Judges
.
To
women
it
is
forbidden
by
Law
that
they
be
Judges
;
and
thence
it
is
,
that
seme
Coverts
are
exempted
to
doe
Suit
in
inferiour
Courts
.
On
the
other
part
,
a
villaine
cannot
be
a
Judge
by
reason
of
the
two
estates
which
are
repugnants
;
Persons
attainted
of
false
Judgement
cannot
be
Judges
,
nor
Infants
,
nor
any
under
the
age
of
21.
yeares
,
nor
infected
persons
,
nor
Ideots
,
nor
mad-men
,
nor
deafe
,
nor
dumbe
,
nor
parties
in
the
Pleas
,
nor
men
excommunicated
by
the
Bishop
,
nor
criminall
persons
;
for
God
when
he
was
upon
Earth
entred
into
the
Consistory
where
a
sinner
was
to
be
judgeed
to
death
,
when
God
wrote
upon
the
ground
,
and
said
to
the
Suiters
who
came
to
Judge
her
,
Who
of
you
is
without
sinne
?
and
there
gave
a
Judgement
as
an
example
to
Judges
,
who
take
upon
them
every
day
to
Judge
the
people
,
whereby
he
taught
them
,
That
none
should
take
upon
themselves
so
high
and
noble
a
●alling
,
as
to
sit
in
the
Seate
of
God
to
Iudge
offenders
,
when
they
themselves
are
guilty
and
Condemnable
.
And
those
who
are
not
of
the
Christian
Faith
cannot
be
Iudges
,
not
those
who
are
out
of
the
King
;
Allegiance
;
next
,
those
who
have
no
Commission
from
the
King
cannot
be
Iudges
,
not
none
whose
Authority
is
repealed
,
not
any
one
after
Iudgement
is
given
in
the
Cause
;
an
example
thereof
appeareth
in
the
Writ
of
Right
,
Et●nist
ficeris
,
viceconnes
faciat
;
not
none
after
death
,
or
the
Returne
;
none
whose
warrant
is
vicious
,
not
any
one
if
his
superiout
will
not
have
him
.
A
Iudge
Commissary
hath
not
power
to
Iudge
but
according
to
the
points
,
and
within
the
words
of
his
Commission
;
and
the
originall
Writ
,
no
more
then
the
Arbitrary
Iudge
hath
power
to
goe
beyond
the
points
of
his
submission
.
CHAP.
2.
SECT.
3.
PLaintiffes
are
those
who
pursue
their
right
against
others
by
plaint
.
All
may
be
Accusers
or
Plaintiffes
who
are
not
forbidden
by
the
Law
.
Infected
Persons
,
I●iots
,
Infants
within
age
cannot
accuse
,
or
be
Plaintiffes
without
their
Guardians
,
nor
Criminall
Persons
,
nor
an
Out-lawed
;
exiled
or
banished
Person
,
nor
a
woman
wayve
,
nor
a
villaine
without
his
Lord
,
nor
a
Feme
Covert
without
her
Husband
,
nor
religious
Persons
without
their
Soveraignes
,
nor
Persons
Excommunicate
,
nor
deafe
,
nor
dumbe
Persons
without
their
Guardians
,
nor
the
Iudges
of
the
Cases
whereof
they
are
Iudges
,
nor
any
one
who
is
nor
of
the
Kings
Allegiance
,
so
as
he
hath
been
more
then
forty
daies
within
the
Realme
,
except
Approvers
who
are
suffered
to
accuse
criminally
people
of
his
own
condition
in
favour
of
the
peace
.
How
lawfull
men
ought
to
complaine
.
They
ought
in
friendly
manner
to
shew
their
offenders
,
that
is
to
say
,
their
Trespassours
that
they
reconcile
or
amend
themselves
towards
them
;
and
if
they
will
not
doe
so
,
and
the
Cause
be
Criminall
,
then
yee
are
to
distinguish
,
for
if
any
one
seeke
revenge
,
then
it
behoveth
him
to
bring
his
Action
by
Appeale
of
Felony
,
and
if
he
seeketh
only
repa●ation
of
damages
,
then
he
behoveth
to
bring
his
Action
by
Writ
which
is
to
containe
the
name
of
the
King
,
and
of
the
Parties
,
and
the
name
of
the
Judge
,
and
of
the
County
,
and
the
Plaint
in
the
demand
,
if
the
damages
or
the
demand
exceed
forty
shillings
;
and
if
not
,
then
a
Plaint
sufficeth
without
a
Writ
.
And
because
all
Suites
of
the
Plaintiffes
could
not
be
determined
upon
the
first
preferring
of
the
Suits
,
nor
the
Suiters
or
Plaintiffes
presently
releeved
in
their
Suits
.
Therefore
Kings
used
to
goe
from
County
to
County
every
seaven
yeeres
,
to
enquire
of
Offences
and
Trespasses
,
and
of
wrongs
done
to
themselves
and
to
the
Crowne
,
and
to
the
Common
people
;
and
of
all
wrongs
,
errours
,
and
negligences
of
their
Officers
,
and
of
all
false
Judgements
;
of
paines
pardoned
or
wrongfully
Iudged
,
or
outrag●ously
;
of
Out-lawes
returned
,
and
of
their
Receivers
,
of
the
valewes
of
Counties
out
of
Hundreds
,
Towne●
,
Manners
,
and
of
moveable
goods
which
belong
to
the
King
,
and
to
the
Crowne
;
of
the
Lands
of
Idiets
,
of
alienators
of
Fees
,
of
offences
against
the
Kings
Inhibition
,
of
Priviledges
and
Franchises
prejudiciall
to
the
Kings
of
Bridges
and
High-wa●e●
,
and
of
all
other
needfull
Articles
;
and
they
used
to
doe
right
to
all
Persons
by
themselves
,
or
by
their
Chiefe
Justices
;
and
now
Kings
doe
the
same
by
the
Iustices
Commisfaries
in
Eyre
,
assigned
to
hold
all
Pleas.
Infante
of
such
Eyres
are
Sheriff
,
Turnes
needfull
,
and
viewes
of
Franck-pledges
,
and
when
the
people
by
such
Enquests
were
indicted
of
any
mortall
offence
,
the
King
used
to
Condemnethem
without
Answers
,
which
usage
still
remaineth
in
Almaine
;
but
of
pitty
and
mercy
,
and
because
that
man
by
reason
of
his
frailty
cannot
keepe
himselfe
from
sinne
(
if
he
abstaine
not
from
it
by
the
Grace
of
God
)
it
was
accorded
that
no
Appelee
or
Indicter
should
be
condemned
without
answer
.
And
Kings
had
no
Jurisdiction
but
of
mortall
offences
,
and
of
the
rights
of
the
Crowne
,
and
of
their
owne
rights
,
and
of
the
wrongs
of
their
Ministers
,
and
of
wrongs
done
against
Common
Law
,
and
Common
Ordinances
,
and
the
Articles
of
Eyres
.
CHAP.
2.
SECT.
4.
Of
Rewards
and
Fees
.
KIngs
used
to
give
Rewards
to
the
cheife
of
the
Stock
,
and
to
all
those
who
faithfully
served
them
;
and
from
the
Rewards
of
Kings
others
tooke
example
to
reward
their
servants
;
and
because
no
Free-man
was
bouden
to
serve
against
his
will
,
by
reason
whereof
none
were
bound
to
serve
the
King
or
any
other
but
by
the
service
of
his
Fee
,
or
by
reason
of
his
Residence
or
dwelling
in
another
Fee
;
some
are
bound
to
serve
the
King
for
a
certainty
by
the
yeare
.
And
it
is
not
lawfull
for
those
Officers
who
take
wages
certaine
of
the
King
,
to
take
any
wages
of
the
people
.
But
the
Iudges
who
serve
the
King
,
it
is
lawfull
for
them
to
take
twelve
pence
of
the
Plaintiffe
after
the
hearing
of
the
Cause
and
no
more
,
although
there
be
two
Iudges
,
or
two
Plaintiffes
in
one
Action
:
and
the
Pleader
six
pence
,
and
a
Knight
sworne
a
witnesse
foure
pence
,
and
every
Iurour
foure
pence
,
and
the
two
Sumners
foure
pence
Nevertheresse
in
the
time
of
King
Henry
the
1.
It
was
Ordained
and
assented
unto
;
That
Iurours
sworne
upon
Enquests
of
Office
,
as
in
Assizes
,
Recognisances
of
Assizes
,
Redissessins
,
●ertisicates
of
Assize
,
and
Attaints
,
and
other
the
like
should
not
take
Fees
because
they
did
the
same
Ex
officio
;
and
to
answer
these
monies
,
and
the
damages
are
the
Defendants
chargeable
,
if
Iudgement
be
given
against
them
.
And
to
those
who
followed
any
Suit
for
the
Kings
profit
,
and
were
not
any
of
his
Ministers
,
●ing
Henry
the
●
.
gave
to
them
the
twentieth
part
of
the
profit
with
their
reasonable
●o●●
,
In
like
manner
the
Iudge
was
not
to
heare
the
Plaintiffes
Cause
if
he
put
not
in
security
to
answer
his
Adversaries
damages
,
if
he
complaine
of
him
wrongfully
.
CHAP.
II.
SECT.
5.
Of
Countorr
or
Plaaders
.
THere
are
many
who
know
not
how
to
defend
their
Causes
in
Iudgement
,
and
there
are
many
who
doe
,
and
therefore
Pleaders
are
necessary
,
so
that
that
which
the
Plaintiffes
,
or
Actors
cannot
,
or
know
not
how
to
do
by
themselves
,
they
may
doe
by
their
Serjeants
,
Atturnies
,
or
friends
.
Countors
are
Serjeants
skilfull
in
the
Lawes
of
the
Realme
,
who
serve
the
common
people
to
declare
and
defend
Actions
in
Iudgement
,
for
those
who
have
need
of
them
for
their
fees
Every
Pleader
of
others
Causes
ought
to
have
a
regard
to
foure
things
.
1.
That
there
be
a
person
receiveable
in
Iudgement
,
that
he
be
no
Heretique
,
Excommunicate
Person
,
nor
Criminall
,
nor
a
man
of
Religion
nor
a
woman
,
nor
within
the
Orders
of
a
Subdeacon
,
nor
a
Benificed
Clerke
who
hath
cure
of
Soules
,
nor
under
the
age
of
21.
yeares
,
nor
Iudge
in
the
same
Cause
,
nor
attainted
of
falsity
in
his
place
.
2
Another
thing
is
;
That
every
Countor
is
chargeable
by
Oath
that
he
shall
doe
no
wrong
not
falsity
contrary
to
his
knowledge
,
but
shall
plead
for
his
Cliant
the
best
he
can
according
to
his
understanding
.
3
The
third
thing
is
,
that
he
put
no
false
Dilatories
into
Court
,
not
false
Witnesses
,
not
move
or
offer
any
false
corruptions
,
deceits
,
leasings
,
or
false
lyes
,
not
consent
to
any
such
,
but
truly
maintaine
his
Clyents
cause
,
so
that
it
faile
not
by
any
negligence
or
default
in
him
,
not
by
any
threatning
,
hurt
,
or
villany
disturbe
the
Judge
,
Plaintiffe
,
Serjeant
,
or
any
other
in
Court
,
whereby
he
hinder
the
right
,
or
the
hearing
of
the
Cause
.
4
The
fourth
thing
is
as
his
Sallery
,
concerning
which
four
things
are
to
be
regarded
;
1.
The
greatnesse
of
the
Cause
.
2.
The
paines
of
the
Serjeant
.
3.
His
worth
,
as
his
Learning
,
eloquence
,
and
gists
.
4
The
usage
of
the
Court.
A
Pleader
is
suspendable
when
he
is
attainted
to
have
received
sees
of
two
Adversaries
in
one
Cause
;
and
if
he
say
o●
doe
any
thing
in
dispite
or
contempt
of
the
Court
;
and
if
he
fall
under
any
of
the
points
aforesaid
,
besides
the
exceptions
which
are
to
the
person
of
the
Pleader
;
for
no
man
can
be
a
Pleader
who
cannot
be
a
Plaintiffe
or
Actor
.
CHAP.
II.
SECT.
6.
Of
Attachments
.
PErsonall
Actions
have
their
Introductions
by
Attachments
of
the
body
;
reall
by
Summons
and
mixt
Actions
;
first
,
by
Summons
,
and
afterwards
by
Attachments
.
The
Law
requireth
that
offenders
in
case
of
death
have
not
such
mittigation
or
favour
that
they
be
brought
or
summoned
,
or
distreined
to
appeare
in
Judgement
by
taking
of
their
Cattell
if
the
offenders
be
knowne
,
and
notorious
,
and
the
Plaintiffe
pursue
them
to
soone
as
he
may
.
And
if
any
one
fly
for
such
offence
,
then
according
to
the
Statute
of
Winchester
he
was
to
be
followed
with
Hue
and
Cry
,
with
Horne
and
Voyce
,
so
that
all
those
of
one
Towne
who
can
are
to
follow
the
Felon
to
the
next
Towne
;
and
if
any
such
Felon
be
attaint
and
convict
of
the
felony
,
let
him
be
killed
if
he
cannot
be
otherwise
apprehended
.
But
it
is
otherwise
in
felonies
not
knowne
,
for
it
is
not
lawfull
to
kill
the
offender
without
his
Answer
,
if
he
may
be
taken
alive
.
And
if
any
one
would
complaine
to
have
revenge
,
or
to
drive
the
offender
to
the
salvation
of
his
Soule
;
let
him
goe
to
the
Coroner
of
the
place
where
the
offence
was
done
,
and
set
forth
his
complaint
there
as
he
will
prove
it
,
and
the
Coroner
is
to
cause
the
same
to
be
distinctly
enrolled
;
and
if
he
cause
him
to
record
it
as
murder
,
being
corrupted
to
destroy
his
Neighbour
by
his
plaint
;
so
that
he
have
Judgement
;
the
like
is
to
be
done
to
him
if
he
prove
not
his
plaint
.
At
the
next
Court
after
the
Appeale
is
enrolled
it
belongeth
to
such
Plaintiffes
to
recite
their
Appeales
,
and
to
finde
Sureties
to
pursue
them
,
or
to
remaine
in
Prison
till
they
have
found
Baile
;
and
to
the
Maine-prisors
such
Plaints
are
to
be
delivered
by
Coroners
body
for
body
,
that
they
shall
pursue
their
Appelees
,
and
to
cause
them
to
appeare
in
Court
to
receive
Justice
when
they
shall
be
demanded
,
if
they
doe
not
prove
their
Appeales
.
The
Personall
offences
are
these
:
-
Imprisonment
.
-
Mayhem
.
-
Wounding
.
-
Battery
.
-
Perjury
.
-
Usury
.
-
Rescusses
.
-
Forestallings
.
-
Breaking
of
Parkes
.
-
Resistance
of
framing
lawfull
Judgements
.
-
Executions
of
false
Judgements
,
and
all
wrongfull
offences
.
-
Carrying
away
of
Treasure
trove
,
of
Wrecks
,
Waife
,
Estrayes
.
The
Attachments
of
mortall
offenders
are
by
their
bodies
without
Sureties
,
and
the
Attachments
of
veniall
Personall
offenders
are
also
by
their
bodies
,
but
yet
they
are
baileable
.
Reall
offences
are
those
upon
which
are
grounded
Writs
of
right
,
of
Cosinage
,
of
Dower
;
of
right
of
Advowson
,
of
Entre
,
of
Escheate
,
Writs
of
Quo
jure
,
of
Formedon
,
and
of
all
Writs
,
feodalls
.
Mixt
offerices
are
those
upon
which
these
Writs
are
framed
,
viz.
of
Customes
and
Services
,
of
Villinage
,
of
Covenant
,
of
Homage
,
of
rendring
Distresses
,
of
Mesne
and
other
Acquittances
,
of
Escheates
,
and
the
like
,
and
by
reason
of
the
mixture
of
their
Introductions
,
they
are
called
Mixt.
CHAP.
II.
SECT.
7.
Appeales
,
and
to
whom
Appeale
is
given
.
THe
Action
of
Appeale
is
not
given
to
all
alike
,
but
every
one
is
allowed
to
have
his
Action
of
Trespasse
to
whom
any
Trespasse
is
done
,
except
such
as
cannot
have
any
Action
at
all
.
Every
one
may
have
an
appeale
of
Burning
to
whom
the
damage
is
done
,
and
the
property
of
the
thing
burnt
doth
belong
.
Parents
,
Kinred
,
and
Allies
used
to
be
admitted
to
bring
Appeales
of
Murder
;
but
the
Appeale
of
the
Wife
of
the
killing
of
her
Husband
is
to
be
received
before
all
other
;
and
yet
not
of
all
his
Wives
,
but
of
her
onely
who
lyeth
betwixt
his
Armes
,
which
is
as
much
as
to
say
in
whose
seisage
he
was
murdered
;
for
if
he
had
many
Wives
,
and
all
were
alive
at
the
time
of
his
murdet
;
neverthelesse
she
only
is
admitted
to
bring
the
Appeales
of
all
the
rest
whom
he
last
tooke
to
be
his
Wife
,
although
in
right
she
be
not
his
Wife
;
and
the
reason
thereof
is
because
it
belongeth
not
to
the
Temporall
Court
to
try
,
which
was
his
Wife
of
right
,
and
which
in
Fact
;
and
the
Appeales
of
all
other
are
to
be
suspended
,
the
pendant
the
same
Appeale
brought
.
After
the
Appeale
of
the
Wife
is
the
Appeale
of
the
Sonne
lawfully
begotten
,
of
the
murder
of
his
Father
to
be
received
before
all
other
,
it
is
(
said
lawfully
begotten
)
because
a
Bastard
is
not
to
be
accounted
amongst
Sons
,
for
the
Common
Law
only
taketh
him
to
be
a
Sonne
whom
the
Marriage
proveth
to
be
so
.
After
the
Appeale
of
the
eldest
Son
,
the
Appeale
of
the
next
of
blood
is
used
to
be
received
,
and
so
from
one
degree
to
another
in
the
right
Line
of
Cosinage
;
and
if
the
blood
faile
in
that
Line
,
then
they
of
the
Collaterall
Line
are
admitted
to
bring
the
Appeale
;
or
the
Kinted
where
the
blood
faileth
,
according
to
the
degrees
of
Consanguinity
and
Affinity
,
and
especially
in
the
Line
of
the
Fathers
side
;
but
the
Appeales
of
Murder
were
restrained
by
King
Henry
the
1.
to
the
foure
next
degrees
of
blood
.
And
if
any
one
within
the
age
of
21.
yeares
doe
bring
an
Appeale
;
the
Defendant
is
not
bound
to
answer
so
high
an
Action
untill
he
hath
passed
that
age
;
and
therefore
such
Appeales
are
to
be
suspended
till
both
the
Parties
be
of
full
age
,
if
exception
in
the
case
be
taken
to
the
Nonage
.
Men
and
Women
,
Clerkes
and
Lay-men
,
Infants
and
others
of
what
condition
soever
they
be
may
bring
Appeales
,
except
those
who
are
not
suffered
to
bring
any
Actions
;
and
although
it
be
that
many
doe
bring
Appeales
,
yet
one
neverthelesse
is
admitted
to
continue
,
and
pendant
that
,
all
the
others
are
to
be
suspended
.
And
in
all
Cases
the
Appeales
against
the
Accessories
are
to
be
suspended
pendant
,
the
Appeale
against
the
Principall
,
be
it
one
or
many
.
CHAP.
II.
SECT.
8.
Of
Processe
of
Exigent
in
Appeales
.
AT
the
first
County
the
Coroner
is
to
doe
no
more
but
to
enter
the
Pledges
,
who
properly
are
Main-prisors
,
and
to
Command
that
such
take
the
Appeales
,
and
seize
all
their
Possessions
and
their
goods
into
the
Kings
hands
,
as
before
is
said
;
and
if
they
be
taken
,
that
they
be
kept
till
due
deliverance
be
of
them
,
and
if
they
be
not
to
be
found
;
and
the
Plaintiffe
come
at
another
County
,
and
recite
his
Appeale
or
Appeales
,
then
are
such
Appelees
demandable
only
by
their
names
,
and
by
such
names
as
they
are
best
knowne
by
,
that
they
appeare
to
Answer
the
Kings
Peace
,
for
if
any
one
be
Appealed
as
Son
of
the
Father
,
and
is
knowne
by
another
Sir-name
,
the
Appeale
is
insufficient
,
and
by
consequence
abatable
at
the
perill
of
the
Plaintiffe
;
and
at
the
third
County
they
are
to
be
demanded
in
like
manner
as
before
;
at
which
County
Court
if
the
Appelees
appeare
not
,
not
are
taken
into
Main-prise
to
appear
at
the
next
Court
,
Judgement
is
to
be
given
against
them
for
their
contempt
by
the
Coroners
;
and
those
who
doe
appeare
before
Judgement
of
the
Coroner
,
are
presently
to
be
delivered
over
to
the
Goale
,
where
they
are
to
be
received
without
difficulty
of
Fine
,
or
request
.
CHAP.
II.
SECT.
9.
Of
Goales
and
Goalers
.
A
Goale
is
nothing
else
but
a
common
Prison
,
and
as
a
Leper
,
or
a
man
who
hath
a
diseased
body
is
not
to
be
suffered
to
dwell
or
remaine
amongst
men
who
are
sound
;
so
mortall
siune
is
a
kind
of
Leprosie
,
which
maketh
the
Soule
abhominable
unto
God
,
and
therefore
such
mortall
sinners
or
offenders
ought
to
be
separated
from
the
society
of
the
people
.
And
to
the
end
that
Innocents
be
not
infected
with
their
offences
,
Goales
were
Ordained
in
every
County
to
keepe
such
mortall
offenders
in
,
there
to
remaine
till
Iudgement
were
given
against
them
in
case
the
offences
were
notorious
.
There
are
2
kinds
of
Prisons
-
Common
and
-
Privite
.
Every
common
Prison
is
a
Goale
,
and
none
hath
a
Goale
but
the
King
only
.
A
private
Prison
is
another
Prison
,
from
whence
every
one
may
escape
who
can
,
so
as
he
doe
no
other
Trespasse
in
the
escape
.
None
are
imprisoned
in
a
common
Prison
but
for
a
mortall
offence
,
and
therefore
it
was
forbidden
by
King
Henry
the
3.
That
none
should
leavy
money
for
any
escape
in
the
Land
,
if
the
escape
were
not
adjudged
before
the
Iustices
in
Eyre
,
whether
for
the
same
a
Corporall
or
a
pecuniary
Punishment
were
awardable
or
not
;
and
because
it
is
forbidden
that
none
be
pained
before
Iudgement
,
the
Law
requireth
,
That
none
be
put
amongst
vermine
,
or
in
any
horrible
not
dangerou
place
,
not
into
any
other
paine
;
but
it
is
lawfull
for
Goalers
to
fetter
those
they
doubt
,
so
as
the
Fetters
weigh
no
more
then
12.
ounces
;
and
to
enable
the
keeping
of
those
in
the
Goale
who
are
violent
,
outragious
,
or
doe
other
Trespasse
there
.
CHAP.
II.
SECT.
10.
Of
People
Bayleable
in
Appeales
.
SOme
Appeales
of
mortall
offences
,
although
they
are
not
bayleable
by
Law
,
neverthelesse
they
are
suffered
to
be
bayled
when
they
are
brought
into
the
Goale
;
as
namely
,
the
Appeales
of
Murder
,
Robbery
,
Burglary
,
Larcine
;
or
out
of
Prison
,
where
it
is
found
that
they
are
wrongfully
Appealed
,
and
for
such
case
was
the
Writ
De
odio
&
accia
invented
.
Those
who
are
condemned
to
have
Corporall
punishment
are
not
to
be
Bayled
;
but
it
is
otherwise
of
those
who
are
imprisoned
for
a
Fine
,
or
any
other
pecuniary
penalty
or
punishment
.
CHAP.
II.
SECT.
11.
Of
the
Appeale
of
Maiesty
.
OF
the
Crimes
of
Majesty
,
not
of
falfifying
,
not
of
any
thing
which
concerneth
the
Kings
right
,
there
lyeth
no
Appeale
,
but
Actions
,
or
Indictments
.
For
slanders
of
Sodomy
,
our
ancient
Fathers
would
never
agree
thus
for
the
scandalls
of
so
doing
,
that
any
one
should
bring
Actions
by
way
of
Accusation
,
not
Indictments
,
not
would
ever
assent
that
they
should
be
heard
of
in
regard
of
the
abominablenesse
of
the
sinne
;
but
they
Ordained
,
that
such
notorious
sinners
should
be
forthwith
Iudged
,
and
Iudgements
framed
against
them
.
Of
the
imagining
of
the
Kings
death
,
and
of
other
kind
of
offences
of
Majesty
against
an
earthly
King
,
there
were
Accusations
but
for
Indictments
;
for
every
true
Subject
was
with
all
expedition
to
shew
the
same
to
the
King
,
so
that
he
be
not
taken
or
seised
upon
by
his
long
stay
,
or
by
great
delay
,
in
what
cases
the
Accusations
are
to
be
received
;
and
in
full
Parliament
let
the
Accuser
by
himselfe
,
or
by
a
Serjeant
doe
it
,
according
as
it
was
done
in
this
case
in
the
time
of
King
Edmond
in
these
words
.
Rocelyn
here
saith
against
Walligrot
;
That
at
such
a
day
,
in
such
a
yeare
of
the
Raigne
of
such
a
King
,
into
such
a
place
came
the
said
Walligrot
to
this
Rocelyn
,
and
found
him
to
be
in
Counsell
,
and
in
assistance
with
Atheling
,
Turkille
,
Ballard
,
and
others
,
to
Arrest
,
or
to
make
Prisoner
,
or
to
kill
our
Lord
King
Edmond
,
and
to
doe
the
same
they
were
sworne
to
keepe
Counsell
,
and
to
commit
this
Felony
according
to
their
power
.
CHAP.
II.
SECT.
12.
Appeale
of
Falsifying
.
THis
offence
is
not
openly
done
,
it
is
seene
by
a
false
Writ
,
or
false
money
found
in
ones
possession
,
and
although
that
three
Persons
are
necessary
in
Iudgement
in
this
case
,
neverthelesse
it
is
Ordained
;
That
the
possessour
of
ill
things
be
by
the
Iudge
Ex
officio
driven
to
answer
to
the
Title
of
their
Possession
thereof
,
which
is
not
so
in
all
Cases
.
And
if
there
be
any
one
who
will
not
plead
to
Jugdement
,
then
he
is
to
be
returned
to
the
Goale
,
and
all
his
goods
are
to
be
seised
into
the
Kings
hands
,
and
to
be
seised
upon
as
in
all
Criminall
Actions
brought
by
Appeales
or
Indictments
;
also
in
veniall
Actions
such
contumacies
used
to
be
condemned
for
not
pleading
,
as
by
their
pleading
and
lawfull
Attainder
.
And
if
any
one
saith
that
he
came
to
the
money
lawfully
,
and
doth
not
know
by
whom
,
not
none
o●fer
themselves
against
him
to
prove
the
affirmative
of
the
Action
;
then
it
belongeth
to
the
possessour
of
the
money
to
prove
the
affirmative
of
his
Answer
.
And
if
any
one
saith
,
that
it
came
to
him
from
a
man
certaine
,
let
it
be
as
after
herein
is
said
.
CHAP.
II.
SECT.
13.
Of
Appeales
of
Treason
.
TReason
is
set
forth
in
Appeales
in
this
manner
,
according
as
it
is
found
in
the
Rolls
in
the
time
of
King
Alfred
.
Bardulf
here
doth
appeale
Dirling
there
for
that
,
that
in
as
much
as
this
same
Dirling
was
the
Allie
of
the
same
Bardulf
,
the
said
Dirling
came
such
a
day
of
the
yeare
,
&c.
and
during
the
Alliance
ravished
the
Wife
of
the
same
Bardulf
,
or
counterfeited
his
Seale
;
or
did
him
some
other
mischiefe
.
Or
thus
;
Hakenson
,
Father
,
or
other
Parent
,
or
Lord
,
or
Allie
,
this
Dirling
killed
;
or
thus
,
remained
in
Aide
,
and
in
Counsell
with
Daffray
,
the
adversary
of
the
this
Bardulf
in
speech
which
touched
the
losse
of
his
life
,
or
members
,
or
of
his
earthly
Honour
;
or
thus
,
discovered
his
Counsell
or
his
Confession
;
or
thus
,
whereas
he
ought
to
have
a
lawfull
enrolement
according
to
Law
of
such
a
Plea
,
the
same
Dirling
falsly
enrolled
the
same
to
his
dis-inherison
,
or
otherwise
to
his
damage
;
or
thus
,
whereas
he
was
his
Atturney
in
such
a
Plea
,
before
such
Judges
to
gaine
or
lose
,
and
should
have
done
him
right
,
he
lost
by
his
default
,
or
by
his
folly
,
negligence
,
or
collusion
,
or
restored
the
thing
in
demand
,
or
did
him
such
hurt
.
Or
thus
;
whereas
he
should
have
excused
him
,
or
essoigned
him
such
a
day
,
&c
he
suffered
him
to
lose
the
Possession
,
or
such
other
thing
through
his
default
;
or
thus
,
whereas
he
ought
to
have
truly
spoken
for
him
in
such
a
Case
,
the
said
Dirling
did
ill
advise
him
,
or
speake
against
him
in
such
a
Io●nt
;
and
afterwards
thus
,
this
Treason
did
the
said
Dirling
feloniously
as
a
Felon
,
and
traiterously
as
a
Traitor
,
and
if
he
will
deny
it
,
Bardulf
is
ready
to
prove
it
upon
him
by
his
body
;
or
as
a
mayhened
man
,
or
a
woman
,
or
a
Clerk
ought
to
prove
.
And
although
that
advice
be
given
to
some
,
that
it
belongeth
not
to
the
Plaintiffe
to
shew
the
proofe
of
his
Action
,
untill
it
be
denyed
of
the
adverse
Party
to
hasten
right
,
neverthelesse
such
usage
is
suffered
,
as
in
this
case
following
,
and
others
it
is
;
as
if
any
Sheriffe
or
other
,
take
one
to
be
Bayle
or
Surety
for
another
and
he
denyeth
it
,
it
behoveth
the
Plaintiffe
to
say
that
he
wrongfully
denyeth
it
,
and
therefore
wrongfully
;
for
in
such
a
yeare
,
such
a
day
,
and
before
such
a
one
,
of
his
owne
will
he
became
Pledge
for
such
a
one
,
and
the
Plaintiffe
to
hasten
his
businesse
suffered
to
shew
the
same
in
his
Declaration
,
and
if
he
denyeth
it
,
&c.
the
Answer
of
the
adverse
Party
is
suffered
to
be
taken
,
and
afterwards
he
is
to
goe
to
proofe
by
his
Replication
.
CHAP.
II.
SECT.
14.
Of
Appeale
of
Burning
.
THe
Appeales
of
Burnings
are
in
this
manner
;
Cedde
here
appealeth
Harding
there
(
which
he
sit-names
)
for
that
,
that
whereas
this
same
Cedde
had
one
house
,
or
divers
;
or
a
stack
of
Corne
,
or
of
Hay
,
or
a
Mill
,
or
other
manner
of
goods
in
such
a
place
;
or
thus
,
whereas
Wetod
,
Father
,
or
Mother
of
this
Cedde
was
in
such
a
place
such
a
day
,
&c.
the
same
Harding
came
thither
,
and
put
fire
into
the
house
,
and
burnt
the
said
Wetod
therein
,
whereof
he
dyed
;
and
this
felony
the
said
Harding
did
felloniously
.
CHAP.
II.
SECT.
15.
Of
the
Appeale
of
Murder
.
OF
the
Offence
of
Murder
,
the
Appeales
are
such
,
Knotting
here
Appealeth
Carling
thus
;
That
where
Cady
,
Father
,
Brother
,
Sonne
,
or
Vnckle
of
this
Knotting
was
in
Gods
peace
and
the
Kings
,
scil.
in
such
a
place
,
the
same
Carling
came
thether
,
and
the
same
day
and
yeare
,
&c.
with
a
sword
,
or
other
kinde
of
weapon
run
him
through
the
body
,
gave
him
such
a
wound
,
in
such
a
part
of
his
body
,
whereof
he
dyed
;
this
murder
he
did
upon
malice
fore
thought
feloniously
,
&c.
Or
thus
,
with
a
Hatchet
,
or
with
a
Stone
,
or
a
Staffe
struck
the
said
Cady
upon
the
head
,
or
elsewhere
,
of
which
stroke
he
dyed
such
a
day
,
at
such
a
place
,
&c.
or
thus
,
That
where
the
same
Cady
was
hurt
,
in
such
a
part
of
his
body
,
of
a
curable
wound
;
or
had
such
a
sicknesse
,
or
curable
Disease
,
and
put
himselfe
to
curing
of
this
Carling
,
who
said
he
was
a
Physitian
;
the
said
Carling
came
,
and
tooke
upon
him
the
recovery
of
the
said
Cady
,
who
by
his
folly
,
negligence
,
&c.
feloniously
killed
him
;
Or
thus
,
so
long
delayed
his
deliverance
,
whereby
he
killed
him
;
Or
thus
,
hung
him
,
or
feloniously
killed
him
;
Or
falsly
Iudged
Regicald
who
first
attainted
the
12.
Iurours
,
Witnesses
,
who
wrongfully
hanged
Gordian
her
Husband
by
24.
Iurours
,
who
afterwards
by
severall
Appeales
hanged
the
first
12.
Iurours
;
Or
thus
,
pained
him
so
much
to
make
him
confesse
,
and
to
be
an
Approver
,
that
he
falsly
acknowledged
himselfe
to
have
offended
,
and
made
him
to
Appeale
Innocents
of
Crime
,
so
that
it
lay
not
in
Carling
that
the
same
Knotting
was
not
adjudged
to
death
;
Or
thus
;
whereas
the
said
Knotting
lay
mayhemed
upon
his
bed
,
and
was
reckoned
so
young
;
or
so
old
,
or
so
sick
that
he
could
not
goe
,
the
said
Carling
came
and
carried
the
same
Knotting
from
such
a
place
,
such
a
day
,
&c.
to
such
a
Water
,
Ditch
,
Marle-pit
,
or
Defart
,
and
therein
threw
him
,
and
so
left
him
without
helpe
or
sustenance
,
so
as
he
did
as
much
as
lay
in
him
,
that
he
was
not
there
dead
of
Famine
;
this
mischance
he
did
unto
him
feloniously
,
as
a
Felon
,
&c.
CHAP.
II.
SECT.
16.
Appeales
of
Robbery
and
Larcine
.
THe
Appeales
of
Robbery
are
these
?
Osmond
here
appealeth
Saxemond
there
,
That
whereas
this
Osmond
had
a
Horse
of
such
a
price
,
the
said
Saxemond
came
such
a
day
and
robbed
him
of
his
Horse
,
&c.
or
of
such
a
Garment
of
such
a
price
feloniously
;
or
of
two
Oxen
of
such
a
price
,
or
other
kind
of
goods
of
such
a
price
,
&c.
he
received
the
said
goods
so
stolen
,
or
was
aiding
,
or
consenting
thereunto
.
Of
La●cine
thus
:
Armelwolde
here
Appealeth
Oskerrill
there
:
That
whereas
he
had
such
goods
,
namely
,
&c.
he
feloniouslly
,
and
as
a
Theife
stole
them
away
.
In
these
Actions
meere
two
rights
,
the
right
of
the
possession
,
as
of
the
thing
robbed
or
stolen
out
of
his
possession
who
had
no
right
in
the
property
,
as
of
things
taken
from
the
Baylee
,
or
Lessee
;
and
the
right
of
property
as
it
is
of
a
thing
stolen
or
robbed
out
of
the
possession
of
him
who
hath
the
property
in
the
thing
.
CHAP.
II.
SECT.
17
Of
the
Appeale
of
Burglary
.
OF
Burglary
are
these
Appeales
;
Athalf
here
appealeth
Colgrum
there
;
That
whereas
the
said
Athalf
was
in
such
a
place
in
peace
,
&c.
thether
came
the
said
Colgrum
,
and
with
force
and
armes
assaulted
his
house
,
and
in
such
a
part
brake
it
,
or
did
such
like
other
violence
feloniously
,
&c.
CHAP.
II.
SECT.
18.
Of
the
Appeale
of
Imprisonment
.
OF
the
Appeale
of
Imprisonment
thus
;
Darling
here
appealeth
Wiloc
there
;
For
that
whereas
the
said
Darling
,
&c
,
the
said
Wiloc
came
and
arrested
the
said
Darling
,
and
brought
him
to
such
a
place
,
or
at
such
a
day
,
and
put
him
into
the
Stocks
;
or
in
Irons
,
or
in
other
paine
,
or
inclosure
,
from
such
a
day
untill
such
a
day
,
&c.
or
thus
;
contrary
to
sufficient
Bayle
offered
by
him
,
in
a
case
baylcable
detained
him
,
or
after
Iudgement
given
for
his
deliverance
from
such
a
day
to
such
a
day
,
this
felony
he
did
feloniously
,
&c.
CHAP.
II.
SECT.
19.
Of
Appeales
of
Mayheime
.
APpeales
of
Mayheime
are
these
;
Umbred
here
appealeth
Maimawood
there
;
For
that
whereas
the
said
Umbred
,
&c.
the
same
Maimawood
came
and
made
an
assault
upon
him
of
fore-thought
malice
,
and
armed
in
such
a
manner
,
cut
off
the
foot
,
or
the
hand
of
the
said
Vmbred
;
or
with
such
a
staffe
stroke
him
upon
the
head
whereby
he
pierced
the
scull
of
his
head
;
or
with
a
stone
struck
out
his
three
forereeth
,
whereby
he
mayhened
him
;
this
Mayhem
he
did
feloniously
,
&c.
CHAP.
II.
SECT.
20.
Of
the
Appeale
of
wounding
.
OF
Wounding
are
these
Appeales
;
Barnings
here
appealeth
Olif
there
;
That
whereas
the
said
Barnings
,
&c.
the
said
Olif
with
such
a
weapon
strucke
him
,
and
wounded
him
in
such
a
part
of
his
body
,
which
wound
contained
so
much
in
length
,
so
much
in
breadth
,
and
so
much
in
depth
;
and
this
wound
he
gave
him
feloniously
.
CHAP.
II.
SECT.
21.
Appeale
of
Rape
.
AN
Appeale
of
Rape
is
in
this
mannor
;
Arneborough
here
appealeth
Atheling
there
;
For
that
whereas
the
said
Arneborough
,
&c.
the
said
Atheling
came
,
and
with
force
cast
her
downe
,
and
in
dispite
of
her
feloniously
ravished
her
,
and
because
that
every
Rape
used
not
to
be
holden
for
a
mortall
offence
,
no
Appeale
was
thereof
,
if
therein
she
did
not
say
,
and
tooke
away
her
Virginity
.
CHAP.
II.
SECT.
22.
Of
Offences
reall
at
the
Kings
Suit
.
THere
are
many
who
seeke
not
Absolution
,
notwithstanding
they
have
offended
against
the
King
mortally
;
&
therefore
because
the
King
is
bound
Ex
officio
to
compell
them
to
salvation
,
the
King
used
every
seaven
yeares
to
goe
through
all
Shires
in
his
Realme
,
to
make
enquiry
according
as
before
is
said
;
further
,
in
aide
of
such
Eyres
were
Coroners
,
Sheriffes
Turnes
,
Viewes
of
Franck-pledges
and
other
Enquests
to
enquire
of
those
offenders
as
is
said
.
But
because
some
are
wrongfully
slandered
,
King
Henry
the
1.
Ordained
,
that
none
should
be
arrested
nor
imprisoned
for
slander
of
mortall
offence
before
he
were
thereof
endicted
by
the
Oathes
of
honest
men
,
before
those
who
had
Authority
to
take
such
Indictments
,
and
then
they
were
first
to
be
seised
upon
by
their
bodies
,
and
goods
,
as
in
Appeales
,
and
to
be
kept
in
prison
till
they
cleared
them
of
the
infamy
before
the
King
or
his
Justices
.
Of
the
Crime
of
Majesty
in
no
kind
was
any
Indictment
but
of
Heresie
or
Romery
,
whereof
if
any
were
indicted
and
brought
to
Judgement
,
let
there
be
an
indictment
for
the
King
by
some
of
his
people
in
this
manner
,
according
to
that
which
is
found
in
the
Roles
of
ancient
Kings
.
I
say
Sebourge
there
is
defamed
by
good
people
of
the
sinne
of
Heresie
,
because
that
he
of
evill
Art
,
and
beliefe
forbidden
,
and
by
Charmes
and
Enchantments
he
tooke
from
Brighten
by
name
,
&c.
the
flower
of
his
Alc
,
whereby
he
lost
the
sale
thereof
,
so
that
Judgement
be
not
given
of
lesse
then
three
persons
;
or
thus
,
Molling
who
is
there
defamed
by
good
people
,
that
such
a
day
he
denied
his
Baptisme
,
and
caused
himselfe
to
be
circumcised
,
and
became
a
Iew
,
or
a
Saracen
,
or
offered
or
sacrificed
to
Mahomet
in
contempt
of
God
,
to
the
Damnation
of
his
Soule
;
and
this
offence
he
did
feloniously
,
&c.
and
so
in
every
like
Case
for
the
King
;
and
if
he
will
deny
it
I
am
ready
to
prove
it
upon
him
for
the
King
,
as
to
the
King
it
belongeth
to
doe
;
that
is
to
say
,
according
as
an
Infant
within
age
.
Of
falsifying
thus
;
I
say
for
the
King
,
that
Mimunde
there
is
defamed
,
&c.
for
that
he
such
a
day
,
&c.
falsifyed
the
Kings
Seale
,
or
his
Money
,
in
such
a
kind
,
or
such
,
&c.
Of
Trespasses
Indictments
now
cease
;
of
Burnings
thus
,
I
say
&c.
that
Seabright
there
is
defamed
,
&c.
for
that
at
such
a
day
,
&c.
he
set
a
fire
such
a
house
or
goods
,
&c.
Of
Murder
thus
,
I
say
&c.
that
such
a
one
,
with
such
a
weapon
struck
Agole
in
such
a
part
of
his
body
,
by
which
stroke
he
is
killed
,
&c.
The
degrees
of
Accessories
are
to
be
shewed
after
the
Principalls
according
to
their
right
.
Of
Larcine
in
this
manner
;
I
say
,
that
Cutbert
there
,
&c.
robbed
such
a
man
knowne
,
or
unknowne
of
his
Horse
,
or
of
other
kind
of
goods
,
&c.
or
feloniously
stole
,
or
was
consenting
to
the
offence
of
such
Theeves
knowne
,
or
of
unknowne
Theeves
by
taking
of
Theef-hoot
which
is
a
recept
of
Larcine
,
which
he
wittingly
took
to
suffer
such
a
one
to
passe
,
or
to
stop
Suit
,
or
wrongfully
to
procure
his
pardon
.
CHAP.
II.
Sect.
23.
Of
Offences
personall
at
the
Kings
Suit
.
A
Personall
offence
is
divived
into
two
branches
,
whereof
the
one
extendeth
to
Persons
,
and
the
other
to
Goods
.
The
Veniall
offence
which
extends
to
Persons
is
divideable
into
great
offences
,
and
small
offences
;
and
although
the
King
have
Counsans
of
all
offences
,
yet
he
reserveth
only
the
ordering
of
all
grosse
offences
to
himself
,
and
the
Counsance
of
the
lesser
he
leaves
to
all
those
men
who
have
Courts
within
their
Demesnes
;
and
upon
this
division
of
offences
hath
the
King
established
the
Peace
,
so
as
such
Lords
&
Bayliffs
have
the
ordering
of
the
Peace
for
smal
offences
.
The
Veniall
offences
Personall
are
these
,
Perjury
when
one
telleth
a
lye
against
the
King
;
,
and
Perjury
of
his
Officers
;
The
mortall
offences
not
declared
feloniously
,
as
Imprisonment
,
Mayheim
,
Wounding
,
Battery
,
are
to
be
shewed
without
Appeales
,
Allienation
of
old
treasure
sound
,
Diffesin
,
Reddisseisin
,
and
many
others
;
the
declarations
of
Personall
offences
,
venialls
,
infamatories
,
are
to
be
declared
at
the
Kings
Suit
in
this
manner
:
I
say
for
our
Lord
the
King
,
that
Y
there
is
Perjured
,
and
lyed
against
the
King
;
that
whereas
the
said
I
was
the
Kings
Chancellour
,
and
was
sworne
that
he
should
not
sell
not
deny
right
,
not
remediall
Writ
to
any
Plaintiffe
,
the
said
Y
such
a
day
,
&c.
and
sold
to
such
a
one
a
Writ
of
Attaint
,
or
other
remediall
Writ
,
and
would
not
grant
it
him
for
lesse
then
halfe
a
marke
,
&c.
Or
thus
,
whereas
he
was
one
of
his
Iudges
assigned
,
and
was
sworne
to
doe
Iustice
,
&c.
he
in
this
manner
,
in
such
a
Court
gave
Iudgement
,
or
awarded
against
such
a
Party
,
or
released
such
a
Party
,
or
usurped
such
Iurisdiction
upon
the
King
;
or
made
himselfe
Iudge
,
Coroner
,
or
Sheriffe
,
Bayliffe
,
or
other
Minister
of
the
Kings
without
Warrant
;
or
thus
,
whereas
he
was
Channcellor
of
the
Exchequer
,
&c.
he
forbad
to
give
an
Acquittance
of
so
much
as
such
a
one
had
paid
of
the
Kings
debt
under
the
Exchequer
Seale
,
or
delayed
to
give
an
Acquittance
from
such
a
day
till
such
a
day
,
and
would
not
give
an
Acquittance
unlesse
he
bought
it
for
so
much
;
or
thus
,
for
that
he
holdeth
Plea
against
the
Kings
forbiding
,
or
in
prejudice
of
the
King
and
his
Crowne
,
and
the
rather
seeing
it
belongeth
not
to
any
Ecclesiasticall
Judge
to
hold
secular
Pleas
,
but
only
of
Testamentary
and
of
Matrimony
;
or
thus
,
he
disturbed
the
giving
of
Judgement
,
or
surceased
so
to
do
justice
by
negligence
,
or
by
his
consent
.
In
this
manner
are
the
Presentments
to
be
made
at
the
Kings
Suit
,
of
Personall
wrongs
of
all
his
Ministers
great
and
small
;
and
also
against
all
others
not
his
Ministers
,
of
all
wrongs
done
to
the
King
by
those
who
have
sworne
fealty
to
him
.
CHAP.
II.
SECT.
24.
Of
Veniall
Trespasses
,
and
Personall
Suits
.
TO
those
who
have
cause
of
Action
and
will
not
pursue
revenge
according
to
their
rights
by
Actions
of
Trespasse
to
recover
damages
for
the
Trespasses
;
neverthelesse
ye
are
to
distinguish
where
the
Trespasse
is
done
to
the
person
of
a
man
,
and
where
to
his
goods
.
And
if
to
a
mans
person
,
every
one
may
have
an
Action
to
whom
the
Trespasse
is
done
,
except
those
who
can
maintaine
no
Action
without
their
Guardians
.
And
if
to
the
goods
,
then
ye
are
to
distinguish
whether
to
his
proper
goods
,
or
to
the
goods
which
he
hath
with
others
in
common
.
And
if
to
the
proper
goods
,
then
to
distinguish
if
proper
to
a
man
,
or
belonging
to
another
thing
,
as
to
the
Crowne
,
or
to
any
Church
.
If
to
a
man
,
then
to
distinguish
if
to
a
man
free
of
himselfe
,
or
to
a
man
who
is
in
ward
.
And
if
to
a
man
free
of
himselfe
he
hath
severall
Actions
,
and
if
proper
to
any
other
in
ward
,
the
Action
belongeth
to
the
Guardian
.
If
to
a
man
in
ward
,
the
Action
belongeth
to
the
Guardian
,
or
to
the
next
of
Kin
,
Parent
,
Affine
,
or
Alley
of
his
name
to
the
use
of
him
who
is
in
ward
.
Of
goods
which
are
in
common
no
severall
Action
lyeth
,
and
therefore
of
goods
which
belongs
to
men
of
Religion
,
the
Action
belongeth
to
the
Soveraigne
of
the
house
,
in
his
name
for
him
and
his
Covent
,
or
in
his
owne
name
,
and
the
name
of
him
who
is
in
his
custody
,
if
the
Action
be
an
Action
personall
,
veniall
.
And
there
is
a
difference
betwixt
Actions
which
are
to
cause
death
,
and
pardonable
Actions
,
for
as
much
as
to
mortall
Actions
the
Suit
is
to
be
brought
first
against
the
Principalls
,
and
afterwards
against
the
Accessories
;
and
in
Veniall
Actions
of
personall
Trespasses
,
all
ought
to
be
comprehended
in
the
Plaint
in
common
,
the
Principalls
,
the
Commanders
,
the
Conspirators
,
and
the
Accessories
,
for
as
much
as
a
man
shall
not
recover
severall
damages
by
severall
plaints
thereof
;
neverthelesse
none
of
the
Accessories
is
to
plead
to
the
Action
before
the
Principall
hath
pleaded
,
or
be
condemned
for
his
Contempt
.
Personall
Trespasses
used
to
be
heard
and
determined
in
inferiour
Courts
of
Lords
of
Fees
,
and
then
the
offenders
were
Attachable
by
their
bodies
,
and
they
used
to
keepe
them
and
bring
them
to
Judgement
,
if
they
were
not
bayled
,
without
offending
the
Law
.
The
remediall
Writ
of
Trespasse
requireth
bay●e
to
them
,
which
whosoever
could
not
finde
was
to
remaine
in
Custody
without
his
Keeper
,
because
they
were
bound
to
acquit
their
Pledgers
.
And
if
any
neverthelesse
become
Pledges
of
their
owne
will
in
such
cases
,
they
are
to
be
taken
;
but
if
they
are
thereby
endamaged
by
Non-suit
of
the
party
,
they
had
no
recovery
against
the
principall
Surety
;
a
pursuing
may
be
in
divers
manners
,
sometimes
by
Pledges
,
as
it
is
of
those
who
can
finde
them
;
sometimes
by
trusting
them
,
as
it
is
in
case
of
Forraigners
and
poore
,
who
have
not
ability
to
finde
Pledges
;
and
sometimes
by
the
bodies
of
the
Plaintiffes
,
as
it
is
of
Appealees
,
who
have
no
other
Su●e●ies
but
the
foure
walls
of
the
Prison
.
And
for
the
durenesse
which
is
used
to
be
done
to
the
bodies
of
offenders
in
personall
offences
,
or
veniall
,
King
Henry
the
1.
Ordained
;
That
they
should
arrest
them
first
by
their
bodies
,
untill
they
justifie
themselves
by
Bayle
;
and
if
they
be
not
found
,
and
if
they
doe
not
discharge
their
Bayle
,
they
are
then
to
be
distreyned
by
their
Land
;
to
the
value
of
the
demand
,
and
if
they
then
make
default
,
their
Lands
are
to
be
delivered
over
to
the
Plaintiffes
,
untill
they
have
made
satisfaction
by
a
reasonable
Extent
,
if
before
they
have
not
acquitted
themselves
by
Law
.
Of
Pledges
,
note
that
those
are
Pledges
for
pursuing
who
the
Plaints
affirme
,
and
those
are
Pledges
who
reprieve
any
other
thing
besides
the
body
of
a
man
,
for
they
are
not
properly
Pledges
,
but
Maine-prisors
,
because
they
suppose
that
those
plevifables
are
delivered
to
them
by
Bayle
for
the
body
.
The
ordinary
Declaration
of
Veniall
Plaints
begins
in
this
forme
;
I
shew
unto
you
who
am
here
;
that
E.
who
is
there
wrongfully
delayed
his
Action
,
by
a
false
essoigne
which
he
cast
such
a
day
,
in
such
a
place
,
&c.
to
the
great
damage
of
the
Plaintiffe
.
And
of
Trespasses
done
against
the
Kings
Peace
it
is
easie
to
shew
,
and
of
Trespasses
done
against
Lords
or
Bayliffes
,
and
in
hatred
of
false
Plaints
,
King
Henry
the
Ordained
,
that
audience
were
forbidden
to
Plaintiffes
in
veniall
Actions
,
and
that
none
was
bounden
to
answer
such
Actions
,
if
they
had
not
present
proofe
of
a
lawfull
Suit
.
And
there
is
such
a
difference
between
a
Criminall
Action
in
pleading
and
a
Veniall
,
that
if
a
Serjeant
put
these
words
,
scil.
(
feloniously
as
a
Felon
,
&c.
)
in
Declaration
;
of
Veniall
Actions
,
the
Declaration
;
are
vicious
and
abateable
,
because
that
no
Judge
hath
power
by
a
Veniall
Plaint
to
determine
felony
;
and
in
the
same
manner
is
the
Count
vicious
and
abateable
,
where
the
Count
is
upon
the
right
of
property
,
and
upon
the
plea
of
Possession
,
Et
è
contra
,
and
there
are
some
Actions
wherein
no
Declaration
or
Count
;
as
in
Disseisin
,
Redisseisin
,
Certifications
of
Assize
,
false
Judgements
and
Attaints
.
CHAP.
II.
SECT.
25.
Of
Assize
of
Novell
,
Disseisin
,
and
Reddisseisin
.
AMongst
other
personall
Trespasses
,
it
is
not
to
be
forgotten
to
make
mention
of
Dissesin
,
of
which
it
is
needfull
first
to
see
to
the
Title
,
why
it
is
called
Assize
of
Novell
Dissesin
.
An
Assize
in
one
Case
is
nothing
else
but
a
Cession
of
the
Justice
,
in
another
case
it
is
an
Ordinance
of
Certainty
,
where
nothing
could
be
more
or
lesse
then
right
;
for
the
great
evills
which
is
used
to
be
procured
in
witnessing
,
and
the
great
delaies
which
were
in
the
Examinations
,
Exceptions
,
and
Attestations
,
Randolphus
De
Glanvile
Ordained
this
certaine
Assize
,
that
Recognitions
should
be
sworne
by
12.
Jurours
of
the
next
Neighbours
.
and
so
this
establishment
was
called
Assize
.
In
the
third
case
Assize
is
taken
properly
for
an
Action
in
foure
manner
of
Pleas
Possessories
;
-
Scil.
-
Novel
Dissesins
-
Mo●ldamcester
.
-
Darreis
Presentment
.
-
Juris
utrum
.
But
such
Assize
are
called
Petit
Assizes
,
to
make
a
difference
from
Grand
Assizes
,
for
the
Law
concerning
Fees
is
grounded
upon
two
right
,
of
Possession
and
property
.
And
as
the
Grand
Assize
serveth
to
the
right
of
property
,
so
the
Petit
Assize
serveth
to
the
right
of
Possession
,
and
because
such
Petzi
Assizes
are
to
be
taken
of
the
Counties
where
the
Fees
are
,
by
the
Statute
of
King
Edward
called
such
Actions
,
Assizes
,
either
for
the
generall
Cession
of
the
Justices
,
and
of
others
,
or
from
the
propernames
of
such
Actions
.
It
is
called
Novell
,
to
put
a
difference
from
those
which
are
ancient
,
for
anciently
Kings
used
to
goe
over
the
Shires
to
enquire
,
heare
,
and
determine
offences
,
and
to
redresse
the
wrongs
there
,
and
that
which
was
not
brought
in
such
Eyres
of
personall
Trespasses
before
remained
to
the
Judgement
of
God
alone
;
and
afterwards
by
reason
of
the
multitude
of
offences
,
and
that
Kings
could
not
doe
all
by
themselves
,
therefore
they
sent
their
Commissaries
who
now
are
called
Justices
in
Eyre
,
who
have
not
power
to
decree
and
determine
a
personall
offence
,
but
for
a
thing
brought
and
not
determined
in
the
last
Eyre
;
Then
for
as
much
as
the
Disseisin
,
or
the
personall
Action
was
brought
before
the
Eyre
,
the
Action
or
Disseisin
was
ancient
;
but
if
the
Disseisin
be
done
since
the
last
Eyre
,
then
it
is
a
Novell
Disseisin
.
Disseisin
is
a
personall
Trespasse
,
of
a
wrongfull
putting
one
out
of
possession
,
it
is
said
wrongfull
to
put
a
difference
from
rightfull
,
which
is
no
offence
;
as
if
I
take
from
my
Wife
,
or
my
Villain
,
or
from
another
who
is
my
Ward
that
which
is
my
owne
;
or
if
you
take
from
me
that
which
is
mine
,
I
take
it
from
you
againe
,
I
doe
not
offend
,
for
I
am
warranted
so
to
doe
by
the
Law
of
Nature
,
seeing
this
usage
is
common
to
Men
,
Beasts
,
Fishes
,
Fowles
,
and
other
earthly
Creature
;
,
but
I
cannot
doe
so
afterward
;
for
if
I
take
from
you
forcibly
any
thing
whereof
you
have
had
the
peaceable
possession
,
I
doe
disseise
you
,
and
I
doe
wrong
to
the
King
,
when
I
disseise
him
of
his
right
,
or
use
force
where
I
ought
to
use
Judgement
.
On
the
other
side
,
that
which
is
taken
from
me
by
the
rightfull
Judgement
of
any
Judge
Ordinary
,
or
Arbitraty
,
is
not
taken
wrongfully
from
me
.
Wrong
is
here
taken
as
well
for
deforcement
or
disturbance
,
as
for
ejection
.
Deforcement
,
as
if
another
entereth
into
anothers
Tenement
,
when
the
rightfull
owner
is
at
the
Market
,
or
else
where
,
and
at
his
returne
cannot
enter
therein
,
but
is
kept
out
,
and
hindred
so
to
doe
.
Disturbance
is
,
as
if
one
disturbe
me
wrongfully
to
use
my
seisin
which
I
have
peaceably
had
,
and
the
same
may
be
done
three
waies
.
1
As
when
one
driveth
away
a
distresse
,
so
that
I
cannot
distreyne
in
the
Tenement
lyable
to
my
distresse
,
whereof
I
have
had
seisin
before
.
2
Another
is
where
one
doth
Repleive
his
distresse
by
the
Sheriffe
,
or
the
Hundred
wrongfully
.
3
As
if
one
distreyne
me
so
outragiously
that
I
cannot
manure
,
Plow
,
or
the
my
Land
duely
;
in
which
Case
it
maketh
one
an
outragious
distreyner
to
disseise
,
or
for
to
eject
the
Tenant
;
as
if
any
one
eject
me
out
of
my
Tenement
,
whereof
I
have
had
peaceable
possession
by
discent
of
Inheritance
,
or
other
lawfull
title
to
the
possession
.
Note
that
all
right
is
in
two
kinds
,
either
in
right
of
possession
,
or
in
right
of
property
,
and
therefore
the
right
of
property
is
not
so
determinable
by
this
Assize
,
as
is
the
knowne
possession
,
or
as
that
which
altogether
favoureth
of
a
possessory
right
.
The
remedy
of
Disseisins
hold
not
of
moveable
goods
,
nor
of
any
thing
which
falleth
not
into
Inheritance
,
as
Land
,
Tenement
,
Rent
,
Advowson
of
a
Church
,
and
a
house
of
Religion
,
Franchises
,
and
the
Appurtenances
,
and
such
other
rights
,
whether
they
are
holden
perpetually
in
Fee
,
or
for
terme
of
life
,
or
yeares
,
according
to
the
Contract
,
as
well
as
the
Land
morgaged
to
such
a
one
and
his
Heires
untill
so
much
be
paid
to
such
a
Tenant
or
his
Heires
.
Eiection
of
a
terme
of
yeares
falleth
into
the
Assize
,
which
sometimes
commeth
by
Lease
,
or
Baylement
,
or
Loane
,
and
sometimes
by
right
of
Wardship
by
the
Nonage
of
some
Heire
,
and
to
the
recoverer
it
belongeth
to
hold
them
according
to
the
Contracts
.
Villinage
in
some
Case
falleth
into
this
Assize
;
as
to
Free-tenants
who
are
ejected
or
disturbed
to
continue
their
seisin
of
lawfull
Presentments
,
and
whereof
a
Bargaine
is
made
betwixt
any
Doner
,
and
any
Purchaser
,
&
although
that
the
Purchaser
cannot
present
living
the
Clerke
of
the
Doner
instituted
into
the
Church
;
the
Title
neverthelesse
of
Contracts
barreth
not
altogether
the
Donee
,
so
that
afterwards
he
cannot
present
against
the
forme
of
the
Contract
,
and
if
he
doe
the
Doner
falleth
into
this
Assize
,
and
the
Bishop
who
gave
the
Institution
to
him
who
is
not
presented
,
by
him
to
whom
the
right
of
presentation
doth
belong
in
his
owne
name
.
Into
this
Assize
also
fall
Donors
and
Purchasers
,
who
make
vicious
Contracts
of
Lands
and
Possessions
,
as
also
it
is
of
Guardians
,
and
of
Farmers
who
Lease
their
Lands
for
a
longer
time
then
their
terme
endureth
,
in
prejudice
of
the
Lord
of
the
Fee
,
or
of
him
to
whom
the
Reversion
belongeth
,
as
it
is
of
those
Lessors
who
have
Fee
rayle
.
On
the
other
side
fall
into
offence
those
the
Kings
Officers
,
and
others
who
disseise
a
man
,
or
a
Corporation
of
their
Franchises
,
whereof
they
have
the
Inheritance
by
lawfull
Title
,
if
not
through
the
default
,
abuse
,
or
negligence
of
those
,
or
of
their
Bayliffes
to
whom
the
Franchises
belong
.
Into
this
offence
also
fall
all
Atturnies
,
who
yeeld
up
the
Inheritance
,
or
Freehold
of
their
Clyents
in
Judgement
,
and
the
Justices
also
who
yeeld
to
them
,
and
the
Tenants
also
;
for
it
behoveth
not
Atturnies
to
lose
their
Clyents
rights
,
but
it
behoveth
them
to
defend
them
till
a
rightfull
Judgement
be
given
.
Into
this
offence
fall
all
those
who
commit
any
wast
,
exile
,
or
destruction
in
Lands
,
as
that
which
is
not
justifiable
by
Law
,
as
those
who
assigne
over
Lands
to
others
,
where
in
the
Feoffments
to
themselves
,
or
their
Ancestors
there
is
mentioned
but
of
Heires
only
,
and
that
may
be
two
waies
,
viz.
to
Heires
generall
,
or
to
speciall
Heires
,
named
as
in
Fee
tayle
,
or
not
named
,
as
in
Franck-marriages
.
This
Action
all
Persons
may
bring
,
Men
,
Women
,
Clerkes
and
Laymen
,
Infants
and
others
of
what
condition
soever
they
be
,
who
are
not
forbidden
by
the
Law
.
It
is
forbidden
to
Villaines
to
bring
this
Action
without
their
Lord
,
for
as
much
as
they
are
in
the
Custody
of
their
Lords
;
In
the
same
manner
to
Feme
Coverts
,
and
to
others
who
are
in
Ward
,
and
to
those
who
were
never
Tenants
in
their
owne
names
,
but
in
the
name
of
the
Lord
The
Law
also
denyeth
the
Suit
to
those
who
have
withdrawne
themselves
from
the
same
action
in
Judgement
,
or
have
released
or
quit-claimed
their
right
.
And
note
,
that
Retrahere
,
&
sub-trahere
is
not
all
one
,
Retrahere
doth
acquit
a
man
from
those
things
which
are
in
his
Writ
,
or
in
his
Action
;
but
neither
the
one
not
the
other
can
utterly
barre
him
,
if
he
doe
not
openly
declare
the
same
;
but
subtrahere
withdraw
his
Action
,
every
Plaintiffe
may
doe
either
by
himselfe
or
his
Atturney
,
whether
he
be
present
in
Court
or
absent
,
and
although
it
be
that
one
will
not
pursue
his
Action
,
yet
he
doth
not
so
barre
himselfe
,
nor
withdraw
himselfe
,
but
that
he
may
have
a
new
Writ
,
and
a
new
Plaint
,
if
he
doe
not
openly
in
Judgement
say
,
that
he
withdraweth
his
Action
;
these
remedies
hold
against
a
Disseisor
,
and
where
there
are
many
,
against
all
those
who
appeare
in
the
force
,
or
in
the
aide
.
CHAP.
II.
SECT.
26.
Of
Distresses
.
ANy
Action
rightfully
grounded
upon
a
Personall
Trespasse
,
accrueth
to
people
wrongfully
distreyned
,
which
is
called
a
Distresse
;
and
because
that
none
can
cover
his
Robbery
,
or
his
Latcine
by
Distresse
,
it
is
1
to
be
knowne
what
is
the
division
of
Distresses
.
2
Who
may
distreyne
.
3
When
,
and
of
what
things
a
Repleive
lyeth
.
A
Repleive
is
nothing
else
but
a
reasonable
distresse
.
A
reasonable
distresse
is
to
the
value
of
the
thing
in
demand
without
any
other
fault
,
for
no
outragious
distresse
is
termed
lawfull
.
There
are
two
manner
of
Distresses
,
a
dead
distresse
,
as
of
Corne
,
Wine
,
and
other
such
Chattels
;
and
a
live
distresse
,
as
of
a
Man
,
a
Beast
,
and
of
such
like
things
.
No
man
can
distreyne
who
is
not
warranted
so
to
doe
by
Law
,
or
by
some
other
speciall
deed
.
1
By
the
Law
,
as
for
Damage
feasance
,
and
for
Debts
and
Contracts
of
Forraigners
;
for
Forraigners
are
distreynable
by
their
moveable
goods
,
and
summonable
because
they
are
not
free
Tenants
in
the
places
where
they
are
destreyned
;
and
for
(
as
well
)
a
Debt
recovered
as
any
other
,
and
so
for
Amercements
of
damages
,
and
Arrerages
of
Accompt
,
or
other
thing
.
2
By
Deed
,
as
if
you
grant
me
any
Annuity
,
and
doe
grant
me
to
distreyne
in
the
Lands
for
the
Arrerages
of
the
same
,
or
other
service
,
and
binde
your
Possessions
which
are
not
of
my
Fee
in
whose
hands
soever
they
come
to
a
distresse
.
When
and
what
things
a
man
may
distreyne
.
A
man
may
distreyne
Cattell
or
other
things
so
soone
as
he
findes
them
damage
feasant
,
and
not
the
day
after
,
and
after
the
time
of
paiment
,
and
not
before
,
and
not
every
day
;
And
in
the
night
a
man
may
not
distreyne
,
but
only
in
the
day
time
,
but
for
damage
feasant
;
for
before
Sun
rising
,
or
after
Sun
set
no
man
may
distreyne
but
for
damage
feasant
,
where
a
man
may
distreyn
in
places
,
or
Lands
within
the
Fee
,
lyable
to
distresse
and
not
elsewhere
.
Of
what
goods
a
Distresse
may
be
.
Of
all
goods
which
the
Law
forbideth
not
,
the
Law
forbids
that
a
man
shall
not
distreyne
within
the
view
,
where
he
may
have
a
sufficient
distresse
in
an
open
Covenable
place
.
A
Covenable
dead
distresse
is
not
by
Armour
or
Vessels
,
by
Robes
or
Jewels
,
by
Writings
if
there
be
found
another
distresse
sufficient
in
it selfe
.
A
Covenable
live
distresse
is
not
to
be
of
Sheepe
which
are
guelt
,
Muttons
,
of
Doggs
,
Birds
,
Fishes
,
or
by
Savage
Beasts
when
there
is
a
sufficient
distresse
found
of
other
Cattell
.
A
distresse
is
to
be
carried
,
lead
,
or
driven
away
at
the
will
of
the
distreyner
,
and
in
case
any
distreyner
finde
not
any
distresse
but
within
some
inclosure
,
in
such
case
he
can
doe
nothing
,
but
to
shut
up
the
goods
inclosed
,
and
so
sequester
them
without
doing
any
other
violence
,
and
if
a
man
breake
up
such
Pound
,
or
the
locks
of
it
,
or
part
of
it
,
he
greatly
offendeth
against
the
Peace
,
and
doth
Trespasse
to
the
King
,
and
to
the
Lord
of
the
Fee
,
and
to
the
Sheriffes
,
and
Hundredours
in
breach
of
the
Peace
,
and
to
the
Party
,
and
to
the
delaying
of
Justice
;
and
therefore
Hue
and
Cry
is
to
be
levied
against
them
,
as
against
those
who
breake
the
Peace
.
A
dead
distresse
found
in
a
Covenable
place
,
nor
a
live
distresse
is
not
to
be
led
,
or
driven
out
of
the
Mannour
,
or
out
of
the
Hundred
,
or
out
of
the
County
,
not
to
be
put
in
any
pound
or
elsewhere
,
wherehe
to
whom
the
goods
are
belonging
cannot
have
sight
of
them
,
but
is
to
be
put
into
such
a
place
where
the
distresse
,
and
he
who
is
the
owner
may
be
least
endamaged
.
There
are
two
kinds
of
leading
of
distresses
1
One
when
a
man
leades
away
a
live
distresse
against
sufficient
Gages
&
Pledges
.
2
Another
,
when
one
will
not
suffer
himselfe
to
be
distreyned
lawfully
,
and
the
one
and
the
other
are
Personall
Trespasses
against
the
Peace
.
And
then
if
any
be
wrongfully
distreyned
,
ye
are
to
distinguish
whether
it
be
by
those
who
have
power
to
distreyne
or
by
others
.
And
if
by
others
,
then
lyeth
an
Appeale
of
Robbery
,
whereof
Ha●lif
gave
a
notable
Judgement
;
and
if
by
those
who
may
distreyue
,
then
they
ought
to
deliver
the
distresse
by
Gages
and
Pledges
.
And
if
the
distreyner
,
and
the
Plaintiffe
of
the
distresse
lead
it
away
,
then
the
Counsans
thereof
doth
belong
to
the
Kings
Court
,
and
so
there
is
remedy
by
a
Writ
of
Replegiary
.
Neverthelesse
,
for
the
releasing
of
such
distresses
,
and
for
the
hastening
of
the
right
,
Randalf
de
Glanvile
ordained
,
That
Sheriffes
and
Hundredours
should
take
Sureties
to
pursue
the
Plaints
,
and
should
deliver
the
distresses
,
and
should
heare
and
determine
the
Plaints
of
tortious
distresses
,
saving
to
the
King
the
Suit
,
as
to
the
leading
,
&c.
Two
thing
,
fall
in
these
Plaints
;
Plaints
of
taking
,
and
of
detaining
;
whereof
there
are
fouredegrees
.
1
Where
the
taking
is
justifiable
for
lawfull
,
and
the
detaining
also
,
as
for
a
debt
due
,
or
debt
recovered
.
2
Where
both
are
wrongfull
(
as
)
such
as
are
disavowable
both
in
the
taking
and
detaining
.
3
Where
the
taking
is
lawfull
,
as
in
damage
feasant
,
and
the
detaining
tortious
,
as
against
sufficient
Gages
and
Pledges
tendered
.
4
Where
the
taking
is
tortious
,
as
in
a
pound
,
and
the
detaining
lawfull
,
as
for
a
Debt
confessed
,
and
of
no
more
have
the
ordinary
Judges
Counsans
;
but
in
case
where
the
Plea
begins
by
Writ
,
Counsans
ought
to
be
made
of
the
taking
;
of
the
dedaining
lyeth
remedy
by
an
Assize
of
Novel
Disseisin
.
The
taking
and
the
detaining
are
sometimes
by
Parties
knowne
,
and
sometimes
by
Parties
unknowne
,
but
although
the
Persons
are
knowne
,
neverthelesse
the
names
of
the
detainors
ought
to
be
known
;
and
according
to
that
the
Avowant
or
the
Plaintiffe
,
or
of
his
Bayliffe
if
he
be
not
present
,
ought
to
frame
his
Declaration
,
and
the
Plaint
joyntly
against
the
Persons
,
and
against
the
detainers
,
or
severally
against
one
of
them
,
and
if
against
them
both
then
thus
;
A
wrongfully
tooke
,
and
caused
to
be
taken
,
by
such
a
one
knowne
,
or
unknowne
,
&c
,
and
drove
,
and
carried
away
,
&c.
and
wrongfully
doth
detaine
from
him
,
&c.
against
Gages
and
Pledges
,
and
is
yet
seised
thereof
:
or
thus
,
wrongfully
detained
from
such
a
day
till
such
a
day
,
that
he
delivered
the
same
to
the
Kings
Bayliffe
to
his
damage
,
&c.
for
these
words
(
and
yet
is
thereof
seised
)
leaves
it
to
them
,
that
they
cannot
have
sight
of
the
distresse
,
and
to
those
who
detaine
the
distresse
by
Avowrie
of
property
.
CHAP.
II.
SECT.
27.
Of
Contracts
.
AContract
is
a
speech
betwixt
Parties
,
that
a
thing
which
is
not
done
be
done
,
of
which
there
are
many
kinds
,
whereof
some
are
perpetuall
,
as
those
of
Matrimony
;
others
are
temporary
,
as
of
Baylements
,
and
Leases
;
and
one
kind
is
mixt
,
as
of
Exchanges
,
which
sometimes
are
for
a
time
,
and
sometimes
for
ever
;
and
one
speciall
kinde
is
an
Obligation
.
And
because
the
Law
doth
not
entermedle
with
every
Contract
,
we
are
to
see
who
may
Contract
,
and
of
what
things
Contracts
may
be
;
every
one
may
make
Contracts
with
all
persons
who
is
not
forbidden
by
Law
.
The
Law
forbideth
that
none
Contract
with
the
enemies
of
the
King
of
Heaven
,
nor
with
the
enemies
of
their
earthly
King
;
not
with
any
mortall
offenders
,
not
with
those
who
are
not
of
the
Christian
Faith
,
not
with
Out-lawes
,
nor
Waives
,
nor
with
those
who
are
knowne
Felons
,
not
Excommunicated
,
nor
with
any
who
are
in
Ward
,
if
not
to
the
profit
of
those
who
are
in
Ward
;
nor
with
Deafe
,
nor
Idiors
,
nor
Mad-men
,
nor
Appealees
,
nor
Persons
endicted
of
Crime
.
Of
what
thing
a
Contract
may
be
made
.
Of
all
things
not
forbidden
by
Law
.
The
Law
forbiddeth
that
a
man
doe
not
make
a
Contract
of
the
right
of
another
,
although
he
offend
not
;
the
Law
forbids
Contracts
of
Usury
,
Disseisin
,
hurting
of
the
body
,
dis-h
heriting
,
and
of
other
offences
or
vices
.
Contracts
are
forbidden
which
are
to
the
damage
of
the
Party
gayning
,
by
vice
,
by
forbidding
mixture
of
offence
.
Contracts
are
vicious
;
1
Sometimes
by
intermixture
of
offence
;
2
Sometimes
by
intermixture
of
ill
beleese
;
3
Sometimes
when
they
are
made
against
that
which
is
absolutely
forbidden
;
4
And
sometimes
by
false
supposition
.
In
the
first
Case
,
as
if
I
Contract
with
you
,
that
if
I
doe
not
such
a
thing
,
or
such
a
thing
,
that
it
shall
be
lawfull
for
you
or
another
to
kill
me
,
or
to
wound
me
,
or
imprison
me
;
Or
of
Usury
,
that
you
shall
not
demand
of
C.
for
100.
l.
or
other
thing
,
&c.
In
the
second
,
as
if
I
give
,
or
deliver
,
or
leave
a
thing
with
you
in
hope
that
you
will
re-deliver
the
same
to
me
againe
,
and
you
detaine
this
thing
from
me
;
Or
if
I
devise
in
my
Will
,
that
you
shall
sell
some
of
my
Tenements
to
pay
my
Deb●●
or
to
doe
other
things
with
the
money
,
and
you
being
my
Executer
,
keepe
this
money
for
ever
to
your
owne
use
,
without
doing
of
it
;
Or
if
I
sell
,
change
,
deliver
a
lease
unto
you
to
have
so
much
of
you
at
such
a
time
,
and
you
keepe
from
me
that
which
you
promised
.
In
the
third
Case
,
as
if
I
make
any
Contract
with
those
with
whom
it
is
not
lawfull
,
Neverthelesse
the
Contract
of
Matrimony
is
not
forbidden
betwixt
Infants
,
although
it
be
used
to
be
,
but
in
case
of
Disparagements
;
for
disparagement
is
an
offence
which
is
greatly
forbidden
.
The
fourth
Case
,
as
of
Charters
,
or
other
kinds
of
Minuments
,
as
it
is
of
Charters
,
and
Feoffments
made
in
the
seisin
of
the
Donors
,
and
of
Charters
of
Quit-claime
made
out
of
the
siesin
of
those
who
have
them
;
for
no
Charter
,
no
Rent
,
nor
gist
remaineth
good
for
ever
,
if
the
Donor
be
not
seised
at
the
time
of
the
Contract
of
two
Rights
,
of
the
right
of
Possession
,
and
the
right
of
Property
;
and
as
a
Charter
supposing
a
gist
to
be
made
without
difference
is
void
,
so
is
the
Quit-claime
of
a
thing
whereof
the
maker
of
the
Deed
is
not
in
Possession
of
the
thing
Quit-claimed
.
And
as
the
Charters
in
the
Cases
aforesaid
are
nothing
worth
,
so
also
are
the
Warranties
,
and
whatsoever
belongeth
to
such
estates
,
which
are
without
force
by
vertue
of
such
false
supposition
.
On
the
other
side
,
suppose
that
a
single
Deed
be
false
,
which
restifieth
the
gist
to
be
returned
to
the
Donor
,
or
to
his
Heires
,
or
in
any
other
manner
of
Condition
;
for
agist
is
alwaies
simple
,
and
not
of
the
same
affection
of
the
giver
as
to
the
right
of
the
gist
,
that
the
thing
given
should
remaine
to
the
Purchasor
without
hope
of
Reversion
.
A
single
Deed
is
a
Minument
without
Indenture
,
and
therefore
the
Law
requireth
,
that
Escripts
,
Testimonialls
of
Contracts
conditionall
,
supposing
a
Reversion
be
Indented
,
and
Chirographed
.
Contracts
are
supposed
false
in
taking
Homage
in
deceit
of
the
Law
,
as
if
I
take
your
Homage
for
other
service
then
for
the
service
issuing
out
of
the
Tenure
De
Haubert
.
The
Law
forbiddeth
also
,
that
none
let
nor
take
any
Land
,
nor
Fee
,
not
Possession
,
nor
terme
of
yeares
to
come
above
the
terme
of
forty
yeares
,
nor
that
any
Contracts
be
made
in
Fee
farme
for
ever
,
nor
for
yeares
,
rendering
more
Rent
by
the
year
then
the
fourth
part
of
the
value
;
nor
that
any
be
endowed
of
Advowsons
,
nor
any
Allienation
of
Advowsons
be
made
out
of
the
blood
,
if
not
in
perpetuity
,
or
Fee-simple
,
not
that
an
Advowson
be
partable
amongst
Parceners
,
but
that
it
remaine
entirely
to
the
next
Heire
of
the
Ancestour
,
or
that
there
be
any
Lease
for
yeares
left
,
or
Fee
tayle
thereof
,
for
the
Advowson
of
a
Church
is
so
much
in
the
spiritualty
that
there
can
be
no
Allienation
thereof
,
but
in
Fee-simple
.
In
rights
of
Contracts
of
Baylement
,
and
Administration
of
other
goods
and
monies
,
it
is
lawfull
for
every
one
wisely
to
dispose
of
his
goods
to
whom
he
will
;
and
therefore
it
is
advised
that
every
one
have
Bayliffes
,
or
Officers
who
he
conceiveth
doe
well
understand
the
Mannour
,
and
if
he
be
endamaged
by
any
servant
,
or
other
hurt
,
that
it
be
accounted
his
owne
folly
,
seeing
he
tooke
not
sufficient
surety
of
their
faithfulnesse
and
discretion
;
and
è
contra
,
for
against
him
who
hath
nothing
the
Law
giveth
no
recovery
,
nor
other
remedy
but
revenge
;
neverthelesse
if
there
be
any
such
Bayliffes
who
will
not
render
a
true
accompt
to
his
Lord
,
he
is
chargeable
thereunto
by
a
Writ
of
Accompt
,
which
is
a
mixt
Action
if
he
have
wherewith
to
justifie
himselfe
;
and
if
he
be
not
distreynable
,
nor
a
Free-holder
,
and
deceiveth
his
Lord
,
and
will
not
render
an
Accompt
for
such
disobedience
,
he
shall
have
the
said
Action
personall
mixt
.
And
according
to
the
change
of
the
natures
of
the
Actions
,
the
formes
of
the
remediall
Writs
are
changed
.
And
although
that
such
for
their
contempts
are
bantshed
for
a
time
,
or
for
ever
,
yet
is
no
man
to
be
Out-lawed
,
or
Imprisoned
for
the
same
;
but
if
any
be
in
Arrerages
to
his
Lord
,
ye
are
to
distinguish
thereof
if
he
have
any
thing
,
whereof
satisfaction
may
be
made
by
Judgement
,
to
the
example
of
a
Debt
recovered
,
or
otherwise
.
CHAP.
II.
SECT.
28.
Of
Villinage
and
Neiftie
.
AN
Action
of
Villinage
,
or
Neiftie
is
a
mixt
Action
,
grounded
upon
a
Personall
Trespasse
done
to
another
,
when
a
man
porsecutes
a
Free-man
to
enslave
his
blood
.
This
Action
is
a
Mixt
Action
in
favour
of
Liberty
,
for
very
seidome
will
any
one
depart
from
his
Lords
Mannour
,
if
he
claime
not
himselfe
to
be
a
Free-man
.
This
Action
hath
Introduction
,
by
Summons
,
and
Attachments
of
the
Lands
.
A
Waive
is
nothing
else
buta
Villainesse
,
and
notwithstanding
that
according
to
the
Law
of
Nature
all
Creatures
ought
to
be
free
,
neverthelesse
by
Constitution
,
and
by
the
Deeds
of
men
,
(
are
)
they
and
other
Creatures
enslaved
,
as
it
is
of
Beasts
in
Parkes
,
Fishes
in
Ponds
,
and
Birds
in
Cages
.
The
Villinage
of
man
is
a
subjection
of
such
great
Antiquity
,
that
by
the
memory
of
man
no
free
Stocke
can
be
found
thereof
;
which
slavery
according
to
some
is
the
Curse
which
Noah
gave
to
Caanan
the
Sonne
of
Cham
his
Son
,
and
to
his
issue
,
and
according
to
others
of
the
Philistines
,
who
became
slaves
at
the
battaile
which
was
betwixt
David
and
the
children
of
Israel
of
the
one
party
,
and
Goliah
the
Philistine
on
the
other
part
.
And
as
other
Creatures
are
kept
in
inclosures
,
so
are
villains
kept
to
guard
the
Possessions
of
their
Lords
,
and
from
thence
are
said
Regardants
;
and
so
men
are
villains
by
the
Law
of
God
,
by
the
Law
of
man
,
and
by
the
Cannon
Law
.
From
Shem
and
Japhet
come
the
Gentile
Christians
,
and
from
those
from
Cham
,
the
Villains
which
the
Christians
may
give
away
,
or
sell
as
they
doe
other
Chattels
,
but
not
devise
by
Will
,
because
they
are
Astriers
,
who
are
annexed
to
the
Francktenement
,
and
of
them
there
are
many
others
.
Those
are
Villaines
who
are
begot
of
Villaines
and
Neifts
in
servitude
,
whether
borne
in
Mattimony
or
out
of
Matrimony
;
those
also
are
Villaines
who
are
begotten
of
Villaines
,
and
borne
of
Free-women
in
Matrimony
,
and
those
are
Villaines
who
are
begotten
of
a
Free-man
and
a
Neife
,
and
borne
out
of
Matrimony
.
The
other
manner
of
Villaines
are
those
who
are
adjudged
Villaines
by
a
Writ
of
Nat
vo
babendo
,
and
their
issue
after
them
.
Villains
become
free
many
waies
;
some
by
Baptisme
,
as
those
Saracens
who
are
taken
by
Christians
,
or
bought
and
brought
to
Christianity
by
grace
.
Some
became
Free
by
the
Pope
,
as
it
is
of
those
villains
who
by
Bishops
are
ordained
into
Orders
of
Deacon
,
and
above
;
but
norwithstanding
the
same
a
man
shall
not
lose
his
right
thereby
who
will
sue
for
them
.
On
the
other
part
villains
become
Freemen
if
their
Lords
grant
,
or
give
unto
them
any
free
estate
of
Inheritance
to
discend
to
their
Heires
,
or
if
the
Lord
take
their
Homage
for
their
land
,
or
if
the
Lord
eject
them
out
of
their
Fees
and
give
them
sustinance
;
or
if
he
put
them
in
a
common
Prison
if
it
be
not
for
crime
.
A
woman
after
she
is
put
in
possession
by
her
Lord
,
is
never
againe
to
be
challenged
as
a
Neife
,
notwithstanding
she
be
sold
.
And
if
the
Lord
suffer
his
Villaine
to
Answer
in
Judgement
without
him
in
a
personall
Action
,
or
to
be
a
Jurour
amongst
Free-men
,
as
a
Free-man
knowingly
,
and
without
the
Lords
claime
;
the
Villaine
hath
this
Plea
to
the
Villinage
if
he
returne
not
of
his
owne
accord
.
Also
a
Villaine
becomes
free
through
the
Lords
default
in
a
Writ
of
Native
Habendo
,
as
by
his
Non-suit
in
the
Writ
.
Also
by
proofe
of
a
free
Stocke
,
or
to
have
been
borne
of
free
Parents
.
Also
by
the
Lords
grant
in
Court
,
and
also
by
prescription
;
also
for
default
of
proofe
,
and
also
by
the
Lords
negligence
,
as
by
the
remaining
of
the
Villaine
within
a
City
,
or
upon
the
Kings
Demesnes
for
a
whole
yeare
;
Or
if
wittingly
he
suffer
his
Villaine
to
be
a
Suiter
in
another
Court
,
or
to
be
sworne
in
Assize
,
or
elsewhere
amongst
Free-men
;
if
a
Villaine
depart
from
his
Lord
claiming
free
estate
,
so
that
he
cannot
seise
him
within
the
Mannour
within
the
yeare
,
or
out
of
his
Fee
,
nor
after
his
Writ
of
Nativo
Habend
.
brought
,
it
belongeth
to
the
Lord
that
he
bring
againe
that
Action
which
is
ViceCountiel
,
and
pleadable
in
the
County
by
Summons
,
and
Distresses
of
his
Lands
;
for
the
Law
requireth
that
he
doe
right
,
and
use
not
force
The
Parties
being
brought
to
Judgement
in
the
County
Court
,
and
the
Action
being
declared
in
the
Defendant
by
way
of
exception
may
plead
that
he
is
Franck
,
and
because
that
a
free
estate
is
of
a
higher
nature
then
Villinage
;
therefore
because
the
Sheriffe
hath
not
power
to
try
so
high
a
Plea
by
the
Writ
of
Nativo
Hebendo
,
those
Writs
and
such
Pleas
are
suspendable
till
the
comming
of
the
Justices
in
Eyre
into
those
parts
;
but
if
the
King
Command
not
to
the
contrary
,
those
Pleas
are
not
adjournable
but
from
one
County
Court
to
another
Note
that
all
Villaines
are
not
slaves
,
for
slaves
are
said
Regardant
,
as
before
;
they
can
purchase
nothing
but
to
the
Lords
use
,
they
know
not
in
the
Evening
what
ser●ice
they
shall
doe
in
the
Morning
,
nor
any
certainty
of
their
services
;
the
Lords
may
fetter
,
imprison
,
beat
,
or
chas●●se
those
at
their
pleasure
,
saving
to
them
their
●ives
and
members
,
these
may
nor
fly
,
or
run
from
their
Lords
so
long
as
they
finde
them
wherewith
to
live
;
nor
is
it
law
full
for
others
to
receive
them
without
their
Lords
consent
;
those
can
have
no
manner
of
Action
against
any
man
without
their
Lords
,
but
in
case
of
Felony
;
and
if
those
slaves
hold
Lands
of
their
Lords
,
it
is
intended
that
they
hold
them
from
day
to
day
at
their
Lords
will
,
and
not
by
any
certaine
services
.
Villaines
are
Tillers
of
Lands
,
And
of
Villaines
are
their
Tillages
called
Villinages
.
And
note
,
that
those
who
are
free
,
and
quit
of
all
servitude
,
become
servile
by
Contracts
made
berwixt
the
Lords
and
the
Tenants
.
And
there
are
many
manners
of
Contracts
of
Fees
,
as
of
Gift
,
of
Rent
,
of
Exchange
and
Lease
,
which
all
may
make
for
a
time
,
or
for
ever
,
and
quitment
without
Obligation
,
and
charge
of
service
,
and
with
charge
.
And
these
Contracts
(
as
all
other
)
are
made
by
Writings
.
Charters
,
and
Minuments
,
by
solemne
Witnesses
,
according
to
the
example
of
Contracts
of
Marriages
,
which
ought
to
be
a
patterne
to
all
other
Contracts
;
according
to
which
Example
were
the
first
Contracts
made
by
the
first
Conquerour
,
when
the
Earles
were
enfeoffed
of
the
Earldomes
,
Barons
of
the
Baronies
,
Knights
of
Knights
Fees
,
Serjeants
of
Serjanties
,
Villaines
of
Villinages
,
Butgesses
and
Merchants
of
Boroughs
,
whereof
some
received
their
Lands
without
Obligation
,
or
service
,
or
in
Frankalmoigne
;
some
to
hold
by
Homage
,
and
by
Service
for
defence
of
the
Realme
,
and
some
by
Villaine
Customes
,
as
to
Plough
the
Lords
Lands
,
to
Reape
,
cut
,
and
carry
his
Corne
,
or
Hay
,
or
such
manner
of
service
,
without
giving
of
any
wages
,
whereof
many
Fines
were
leavied
of
such
services
,
which
make
mention
of
the
doing
of
these
base
services
,
as
well
as
of
other
more
gentile
services
;
and
although
it
be
so
,
that
the
people
have
no
Charters
,
Deeds
,
nor
Minuments
of
their
Lands
,
neverthelesse
if
they
were
ejected
,
or
put
out
of
their
Possessions
wrongfully
,
by
bringing
an
Assize
of
Novell
Disseisin
,
they
might
be
restored
to
their
estates
as
before
,
because
they
could
averre
that
they
knew
the
certainty
of
their
services
,
and
workes
by
the
yeare
,
as
those
whose
Ancestours
before
them
were
Asteries
for
a
long
time
,
in
case
Disseisors
were
not
their
Lords
.
And
thereupon
Sr.
Edward
in
his
time
,
And
afterwards
the
people
lesse
fearing
to
offend
then
they
ought
,
many
of
these
Villaines
by
wrongfull
Distresses
were
forced
to
doe
their
Lord
the
service
of
Rechat
of
blood
,
and
many
other
voluntary
Customes
,
to
bring
them
in
servitude
under
their
power
,
for
which
their
remedy
was
a
Writ
of
Ne
investoè
vexes
.
CHAP.
II.
SECT.
29.
Of
Summons
.
THis
Chapter
maketh
mention
of
speciall
Summons
,
to
make
a
difference
from
generall
Summons
,
where
all
Freeholders
and
others
ought
to
come
according
to
the
nature
of
the
Cry
whereof
,
and
every
one
may
Summon
by
a
Common
Cry
;
but
of
this
Summons
this
Chapter
maketh
not
mention
.
A
speciall
Summons
is
a
friendly
admonition
of
an
amendment
of
an
offence
,
or
wrong
;
and
because
none
is
tyed
to
Answer
to
any
Action
reall
or
mixt
before
a
Summons
,
therefore
it
is
to
see
;
-
1
Who
have
Authority
to
Summon
.
-
2
Who
are
Summonable
.
-
3
In
what
place
he
is
Summonable
.
-
4
How
farre
one
is
Summonable
.
-
5
At
whose
Charges
.
-
6
How
often
.
-
7
Who
may
be
Summonors
.
-
8
What
is
a
reasonable
Summons
.
1
All
who
have
Jurisdiction
,
have
Authority
to
Summon
.
2
All
those
who
are
not
forbidden
by
Law
are
Summonable
,
none
is
to
be
summoned
for
a
personall
offence
,
not
any
one
who
is
not
a
Free-holder
.
3
A
man
is
not
summonable
in
all
places
,
for
no
man
is
summonable
,
nor
bounden
to
receive
Summons
out
of
the
Fee
of
the
Party
who
causeth
the
Summons
,
nor
elsewhere
but
in
the
Mannour
appendant
to
such
a
Court
where
he
ought
to
Answer
,
nor
in
all
places
of
the
Mannour
,
but
only
at
the
Tenement
in
demand
.
4
How
farre
one
is
summonable
;
not
out
of
the
Fee
of
the
Court
where
one
is
to
answer
.
5
At
whose
charges
?
at
the
charges
of
those
who
are
the
first
causers
of
the
Summons
,
except
in
Juries
and
Enquests
taken
ex
officio
;
for
no
Free-man
is
compelable
to
travell
,
and
appeare
in
Judgements
at
his
owne
charges
,
notwithstanding
that
the
Law
requireth
that
every
Tenant
obey
the
Summons
of
his
Lord
.
6
How
often
one
is
summonable
;
but
once
in
one
cause
,
neverthelesse
re-summoned
holdeth
place
in
some
case
.
7
Who
may
and
ought
to
be
Summonors
;
no
man
is
compellable
to
be
a
Summonor
if
he
will
not
agree
to
it
;
neverthelesse
all
those
may
be
Summonors
who
will
,
that
are
not
forbidden
by
the
Law
.
Women
,
not
Villaines
,
nor
infants
,
nor
any
infamous
Person
,
not
any
one
who
is
not
a
Free
holder
cannot
be
a
Summoner
.
8
It
is
a
reasonable
Summons
,
when
it
is
testified
by
two
loyall
free
Witnesses
,
Neighbours
to
the
Person
,
or
to
the
House
,
or
Tenement
contained
in
the
Writ
,
with
warning
given
of
the
day
,
place
,
party
.
Judge
of
the
Cause
,
and
a
reasonable
respite
at
least
of
fifteen
daies
to
provide
his
Answer
,
and
to
appeare
in
Judgement
.
In
Juries
neverthelesse
,
nor
Enquests
there
need
not
be
so
full
time
or
respite
given
.
CHAP.
II.
SECT.
30.
Of
Essoignes
.
ESsoigne
is
an
excuse
of
a
default
by
any
hinderance
in
comming
to
the
Court
,
and
lyeth
as
well
for
the
Plaintiffe
as
for
the
Defendant
.
The
Law
of
every
Essoigne
is
;
That
the
cause
of
the
hinderance
be
enrolled
with
the
name
of
the
Essoigner
,
so
that
if
the
diverse
Party
,
or
his
Atturney
,
or
Essoignor
will
traverse
the
Cause
,
he
is
to
be
received
so
to
doe
,
that
if
he
be
found
false
,
then
that
the
Essoigne
be
turned
to
a
default
.
All
those
may
be
Essoigned
who
are
not
forbidden
by
Law
,
no
Defendant
in
personall
Actions
,
not
any
after
default
can
be
Essoigned
,
not
any
present
in
Court
,
nor
doth
Essoigne
lye
in
a
Scire
facias
,
nor
in
a
Venire
facias
,
nor
in
a
Recordari
facias
toquelam
,
nor
in
Admeasurement
of
Pasture
,
nor
after
the
Parties
have
joyned
issue
in
Judgement
though
the
Jury
appeare
not
,
nor
in
case
where
the
Plaintiffe
hath
not
found
Surety
to
pursue
his
Action
,
nor
where
one
hath
Atturney
in
Court
,
if
both
be
not
Essoigned
,
nor
where
the
Summons
is
not
testified
;
nor
after
an
Essoigne
not
warranted
,
nor
to
him
who
was
not
named
in
the
Writ
,
or
in
the
Plaint
,
except
in
Warranties
,
nor
any
one
who
is
re-summoned
in
Mort-dauncester
,
and
Darrein
presentment
,
nor
when
the
day
is
not
come
,
nor
where
the
Essoigner
commeth
too
late
,
nor
any
one
whose
adversary
is
dead
,
or
any
of
his
Parceners
,
nor
he
who
is
adjourned
from
day
to
day
,
nor
the
Kings
Officer
as
Officer
,
nor
he
to
whom
it
is
commanded
that
he
appeare
if
he
please
.
No
Essoigne
is
justifiable
if
it
be
not
orderly
cast
,
nor
is
it
allowed
to
Infants
within
age
,
nor
to
any
who
is
in
custody
,
nor
to
many
having
one
right
,
if
the
Cause
be
not
divers
.
All
may
be
Essoigners
who
the
Law
forbiddeth
not
;
it
is
forbidden
to
Women
,
to
Infants
,
to
Villaires
,
and
to
all
who
are
in
Custody
;
to
Mad-men
,
to
Idiots
,
to
Excommunicated
Persons
,
to
the
Judges
,
and
uo
the
Parties
in
the
Cause
,
Essoigners
at
other
times
not
warranted
,
〈◊〉
●●ainted
of
false
delayes
,
to
criminall
Persons
,
and
to
those
who
are
not
of
the
Christian
Faith
,
or
in
the
Kings
Alleagiance
,
it
is
forbidden
that
they
be
Essoigners
.
There
are
chiefly
two
kinds
of
Essoignes
;
the
one
of
the
Kings
service
,
the
other
of
hinderance
.
The
first
is
dividable
,
either
into
the
service
of
the
King
of
Heaven
,
or
of
the
King
on
Earth
;
of
the
King
of
Heaven
in
three
manners
.
1
Either
for
the
generall
passage
of
all
to
the
Land
of
,
&c.
—
and
this
Essoigne
is
not
otherwise
adjournable
,
but
that
the
Parties
goe
without
day
,
and
are
to
appeare
againe
by
Re-summons
of
the
Plaintiffes
,
at
the
returne
of
the
Defendant
.
This
Essoigne
is
not
allowable
to
Plaintiffes
,
nor
to
the
Defendant
reasonably
Summoned
before
his
going
from
his
house
in
a
personall
action
,
nor
in
other
,
but
in
a
Plea
which
toucheth
Inheritance
;
nor
but
in
a
Writ
of
Right
Patent
,
but
not
of
Dower
,
nor
of
Burgage
.
The
other
Essoigne
of
the
service
of
the
King
of
Heaven
,
is
of
a
common
Pilgrimage
beyond
Sea
,
towards
the
Holy
Land
,
and
this
lasts
for
a
yeare
,
this
holds
not
bu●
according
as
the
other
.
The
third
,
of
a
Pilgrimage
beyond
Sea
,
as
to
Rome
,
or
to
Saint
James
De
compostella
,
and
takes
place
for
halfe
a
yeare
and
these
Essoignees
are
to
appeare
the
next
Courts
following
the
Termes
adjourned
.
After
Re-summons
holdeth
place
the
common
Essoigne
De
mal
venier
,
and
also
after
the
terme
of
Adjournment
,
but
this
common
Essoigne
never
holds
place
before
the
Essoignes
before
said
.
The
Essoigne
of
the
King
on
Earths
service
is
in
two
manners
.
1
The
one
is
of
those
who
serve
as
Souldiers
,
as
Messengers
,
or
as
Ministers
;
and
this
Essoigne
is
not
respited
but
from
Court
to
Court
,
or
the
common
day
,
to
the
example
of
a
common
Essoigne
,
if
it
be
not
warranted
at
the
next
Court
by
the
Kings
Writ
,
it
is
to
be
turned
to
a
default
.
2
The
other
is
of
those
who
serve
the
King
by
Tenure
of
their
Land
for
the
defence
of
the
Realme
,
and
he
hath
no
day
;
But
the
Plaintiffe
is
with
out
day
,
and
the
Plea
is
to
be
re-continued
in
the
same
Estate
when
his
Adversary
shall
be
returned
.
These
latter
Essoignes
are
allowable
in
Pleas
,
summonable
to
Plaintiffes
and
Defendants
,
except
in
Dower
Vnde
nihil
habet
,
Quare
impedat
,
Darrein
presentment
;
nor
to
Women
,
nor
to
Infants
,
nor
to
Idiots
,
nor
to
Deaf
,
nor
to
Dumbe
,
nor
Mad-men
,
nor
to
any
in
custody
,
nor
to
any
who
is
not
free
of
himself
;
nor
to
any
Atturney
,
as
Atturney
,
nor
where
the
Essoigner
acknowledgeth
the
Cause
in
Judgement
to
be
false
,
nor
after
any
Cape
,
nor
after
distresse
in
the
Land
.
After
the
Essoignes
of
the
Kings
service
lyeth
an
Essoigne
of
Malo
veniendi
,
but
not
è
con●●a
.
The
Essoigne
of
disturbance
or
hinderance
is
dividable
,
either
of
sicknesse
,
or
of
some
other
hinderance
,
as
of
those
who
comming
towards
the
Court
are
taken
by
the
Kings
enemies
,
and
so
hindered
;
or
by
Waters
,
Bridges
,
or
enemies
discovered
,
or
by
Tempests
,
or
other
reasonable
disturbance
,
so
that
they
have
not
power
to
appeare
at
the
day
.
The
Essoigne
of
hinderance
and
sicknesse
is
divideable
,
either
of
languishing
,
which
is
called
De
malo
lecti
,
and
that
holdeth
place
for
a
yeare
;
or
of
sicknesse
in
the
Journey
,
and
that
holds
not
but
to
the
example
of
a
common
Essoigne
;
in
these
Essoignes
of
hinderance
are
Essoignes
De
malo
veniendi
.
This
Essoigne
lyeth
after
every
Summons
,
and
generall
R●-summons
upon
Pleas
,
except
to
Jurours
,
and
those
who
are
summoned
for
the
common-wealth
But
of
Adjournments
it
is
to
distinguish
;
for
in
the
Eyre
of
Justices
the
Adjournement
is
for
three
daies
,
or
foure
at
the
most
,
or
lesse
according
as
the
places
are
●eare
,
or
containe
;
and
to
this
Essoigne
is
respited
fifteen
daies
at
the
least
.
The
Essoigne
of
sicknesse
in
passage
lyeth
before
the
Essoigne
De
malo
lecti
,
and
also
after
the
yeare
of
the
languishing
,
and
it
lyeth
before
appearance
,
and
after
appearance
,
except
in
foure
Assizes
;
and
where
it
lyeth
in
Actions
it
holdeth
in
Warranties
.
This
common
Essoigne
is
not
allowable
in
the
cases
aforesaid
,
but
once
after
the
Parties
have
joyned
issue
,
not
after
the
Parties
have
agreed
to
appeare
without
Essoigne
,
nor
where
a
Bishop
is
commanded
that
he
have
or
cause
such
a
Person
to
appeare
,
nor
there
where
many
claime
by
one
right
,
or
are
Tenants
of
the
same
right
,
nor
to
a
man
and
his
Wife
,
not
to
all
the
paeceners
;
but
if
a
man
dyeth
without
Heire
after
the
Writ
purchased
and
brought
,
the
Writ
is
thereby
abateable
,
because
at
the
day
of
the
date
the
Plaintiffe
had
no
Action
against
the
other
parceners
which
are
alive
,
as
to
that
of
the
Party
.
This
common
Essoigne
lyeth
as
well
for
Infants
where
they
are
impleaded
of
their
Lands
,
as
for
men
of
full
age
.
And
as
the
same
is
allowed
to
the
Tenant
,
so
is
it
warranted
where
no
sicknesse
is
adjudged
;
this
Essoigne
is
allowable
from
day
to
day
,
according
to
the
common
Adjournments
in
Writs
of
right
,
till
the
sicknesse
be
Judged
,
if
the
Tenant
rise
not
before
from
his
sicknesse
;
neverthelesse
none
can
doe
it
in
such
a
case
if
not
with
the
Plaintiffes
leave
,
or
by
the
command
of
the
King
if
the
Plaintiffe
will
not
give
him
leave
.
This
Essoigne
holdeth
in
the
Writ
of
Droit
Potent
sent
to
the
Lord
of
the
Mannour
,
and
in
a
Writ
of
Droit
close
of
Lands
holden
of
the
Kings
in
Capite
,
and
in
the
Writ
of
Customes
and
Services
,
after
that
the
deforceor
hath
pleaded
,
and
said
that
the
Batraile
or
the
Grand
Assize
may
be
joyned
.
The
Essoigne
De
malo
Lecti
is
in
Court
for
two
yeares
when
the
sicknesse
turnes
to
weaknesse
,
this
Essoinge
lyeth
not
for
the
Plaintiffe
;
and
after
the
sicknesse
adjudged
,
it
is
adjournable
by
a
yeare
of
respite
to
the
Court
of
London
.
Weakenesse
lyeth
not
in
any
Writ
of
right
after
appearance
,
but
where
Battaile
may
be
joyned
,
or
the
Grand
Assize
.
This
Essoigne
De
malo
Lecti
was
never
allowable
to
any
Atturney
,
nor
to
any
but
those
who
had
a
Warrant
before
the
common
Essoigne
cast
by
the
Tenant
,
nor
to
any
after
the
weakenesse
adjudged
,
nor
without
●●sing
;
nor
in
Justi●●es
,
nor
in
the
Writs
De
quo
jure
,
nor
De
rationabilibus
divisis
,
nor
Quo
warranto
,
nor
Customes
and
Services
before
that
the
Court
be
certified
that
Battaile
might
be
joyned
,
or
the
grand
Assize
.
This
Essoigne
of
De
malo
veniendi
is
called
De
malo
villa
,
and
this
lyeth
in
case
where
one
appeareth
the
first
day
in
Judgement
,
and
is
suddenly
taken
with
sicknesse
in
the
Town
,
that
he
cannot
the
next
day
appeare
in
Court
.
This
Essoigne
may
be
cast
the
second
day
by
one
,
the
third
day
by
another
,
and
the
fourth
day
by
a
third
;
in
which
case
the
Judge
ought
to
receive
the
Atturnies
of
those
who
are
sicke
,
but
this
Essoigne
lyeth
not
but
there
where
the
Essoigne
De
molo
lecti
lyeth
.
CHAP.
II.
SECT.
31.
Of
Atturnies
.
BEfore
a
Plea
put
into
Court
by
Essoignes
by
Attachment
,
or
by
appearance
of
the
Parties
,
none
is
to
be
received
by
Atturney
,
no
more
then
a
Plea
is
removeable
out
of
Court
into
a
higher
Court
,
where
the
Plaint
or
the
Writ
is
not
brought
,
nor
any
is
to
be
received
by
Atturney
in
a
Plea
which
was
,
nor
in
a
Plea
which
shall
be
,
but
onely
in
a
Plea
which
is
Pendant
in
the
County
Court
,
or
else-where
,
or
is
brought
by
the
Kings
Writ
,
and
this
Plea
be
afterwards
removed
into
a
higher
Court.
By
this
removing
the
Atturney
is
not
removed
,
for
no
Atturney
is
removeable
unlesse
he
whose
Atturney
is
come
into
the
Court
in
proper
person
and
remove
him
,
if
not
in
case
where
one
hath
generall
Atturnies
,
for
generall
Atturnies
may
appoint
speciall
,
and
remove
them
,
nor
any
can
receive
Atturnies
after
the
Plea
brought
but
the
King
,
or
other
warranted
by
a
speciall
Writ
,
if
not
in
the
presence
of
the
parties
.
All
may
be
Atturnies
which
the
Law
will
permit
;
Women
may
not
be
Atturnies
,
nor
Infants
,
nor
Villaines
,
nor
any
who
are
in
Custody
,
or
any
other
who
is
not
free
of
himselfe
,
nor
any
who
is
criminous
,
nor
any
who
are
not
sworne
to
the
King
,
nor
any
in
any
personall
Action
,
nor
in
an
Accompt
,
nor
in
Nativo
habendo
;
Plaintiffes
notwithstanding
they
have
Atturnies
,
in
personall
Actions
are
not
to
appeare
,
not
answer
in
Judgement
by
no
Atturney
,
but
he
disseiseth
his
Clyent
when
he
doth
it
.
The
Contents
of
the
Third
Chapter
.
-
OF
Exceptions
.
-
What
is
Exception
,
and
the
division
and
order
of
excepting
.
-
Exceptions
Dillatories
.
-
Of
Exception
of
Clergy
.
-
Exception
of
Bigamy
.
-
Exception
of
the
power
of
the
Judge
.
-
Exception
of
time
.
-
Exception
of
place
.
-
Exception
to
the
person
of
the
Plaintiffe
.
-
Exception
of
Prison
,
and
of
Ward
.
-
Exception
of
Summons
.
-
Exception
of
vicious
Counts
.
-
Exception
of
Approvers
.
-
Excedtion
to
Indictments
.
-
Pleas
to
Treason
.
-
Pleas
to
B●●ning
.
-
Pleas
to
Murder
.
-
To
Larcine
.
-
To
Burglary
.
-
Of
Rape
.
-
Of
imprisonment
.
-
Of
Mayhem
and
●ounding
.
-
Juramentum
Duelli
.
-
The
order
of
Battaile
.
-
Exception
of
Personall
Trespasse
.
-
Of
Purprestures
.
-
Of
Treasontrove
.
-
Of
Wrecks
.
-
Of
Vsury
.
-
Of
Driving
.
-
Of
Obligation
.
-
Of
Attaint
.
-
Of
Oathes
.
-
Homage
.
-
Fealty
annexed
to
Homage
,
-
Common
Oathes
.
-
Of
finall
Accords
.
CHAP.
III.
CHAP.
III.
Sect.
1.
Of
Exceptions
.
IT
behoveth
the
Defendant
to
Answer
the
Plaintiffes
Declaration
,
and
because
the
people
commonly
know
not
all
the
Exceptions
in
Pleadings
;
Countors
are
necessary
,
who
know
how
to
advance
and
defend
their
Clyents
Causes
according
to
the
rules
of
Law
,
and
the
Costoms
of
the
Realm
;
and
the
more
needfull
are
they
to
defend
them
in
Indictments
and
Appeales
of
Felony
,
then
in
personall
or
veniall
Causes
;
and
the
better
to
helpe
our
memory
,
which
every
day
inclineth
to
forgetsulnesse
,
it
is
necessary
to
shew
what
is
an
Exception
,
and
the
division
of
it
,
and
the
order
of
Excepting
,
or
Pleading
;
for
some
account
them
guilty
who
Plead
not
,
or
Plead
ill
,
or
not
sufficiently
;
for
example
,
If
any
one
Vouch
one
to
warranty
,
and
Judgement
passe
(
if
he
tell
not
the
yeare
,
or
before
what
Judges
the
Judgement
passed
)
it
is
as
if
he
had
said
nothing
;
and
so
of
other
Cases
,
and
although
a
Plea
be
requisire
,
neverthelesse
every
one
is
not
received
to
plead
;
for
some
are
admitted
to
Plead
without
Tutors
in
all
Actions
,
and
some
not
,
but
in
Felonies
.
Every
one
may
Answer
without
a
Tutor
who
is
not
forbidden
by
the
Law
.
The
Law
forbiddeth
Married
women
to
Answer
without
their
Husbands
,
but
then
we
are
to
put
a
difference
in
the
Cases
;
for
if
she
be
within
the
age
of
one
and
twenty
yeares
,
she
is
not
admitted
to
Plead
in
any
Case
without
her
Husband
,
but
in
Case
where
her
dis-inheriting
,
or
that
which
doth
amount
to
as
much
doth
appeare
by
the
malice
,
or
negligence
of
her
Husband
;
&
if
she
be
of
full
age
,
then
she
shall
so
Anawer
alone
in
cases
of
death
and
Felony
;
and
so
it
is
of
men
within
the
order
of
Religion
,
and
of
Villaines
,
and
of
all
those
who
are
in
Custody
,
and
are
not
delivered
.
CHAP.
III.
SECT.
2.
What
Exception
is
,
and
the
order
of
Exception
,
or
Plea
.
APlea
or
Exception
is
a
thing
alleadged
for
Answer
,
either
to
delay
or
barre
the
Action
.
And
there
are
two
manner
of
Exceptions
,
Dillatories
,
and
Peremptories
.
The
order
to
Plead
is
such
,
that
the
Peremptory
Plea
is
in
the
highest
degree
,
or
the
Dillatory
may
have
a
recourse
to
the
Peremptory
,
but
not
è
contra
.
And
of
Dillatories
some
are
principall
,
and
some
are
secondary
,
and
from
the
secondaries
there
is
no
recourse
to
the
principalls
,
and
according
to
their
degrees
are
they
put
in
,
partly
to
helpe
out
remembrance
.
And
some
Exceptions
are
in
Counts
,
in
Replications
,
and
Re-joynders
,
and
so
forth
untill
the
truth
be
cleared
in
the
proceedings
of
the
Pleas
,
whereby
one
may
surely
come
to
give
cleare
Judgements
.
Voucher
to
warranty
lyeth
not
in
personall
Actions
,
although
that
averrements
by
Record
,
and
Minements
,
and
Witneffes
availeth
.
CHAP.
III.
SECT.
3.
Exceptions
Dillatories
.
THere
are
many
Dillatory
Exceptions
,
whereof
the
first
is
to
the
Judge
,
and
that
many
waies
;
one
unto
the
power
of
the
Judge
,
and
that
may
be
in
two
kinds
,
by
reason
of
the
two
kinds
of
Jurisdictions
,
or
because
the
King
or
his
Iudge
Deligate
hath
no
Power
,
or
Counsance
in
the
Cause
,
as
it
is
of
the
person
of
a
Clerke
,
by
reason
of
the
Priviledges
of
the
Church
;
or
because
the
ordinary
Iudge
hath
not
power
or
Counsans
of
a
thing
done
out
of
his
Iurisdiction
,
nor
any
one
within
a
Franchise
of
a
thing
done
in
guildable
,
nor
Kings
,
nor
those
of
one
Country
,
or
of
one
Land
,
of
things
done
in
another
Land
or
Country
.
CHAP.
III.
SECT.
4
Of
Exception
of
Clergy
.
FOr
the
Priviledge
of
Clergy
,
as
if
a
Clerke
be
ordered
in
Court
before
a
Lay
Iudge
to
Answer
to
an
Action
for
a
personall
Trespasse
,
and
especially
in
a
Case
criminall
and
mortall
Plead
that
he
is
a
Clerke
,
the
Iudge
hath
no
further
Counsans
of
the
Cause
,
for
the
Church
is
so
enfranchised
,
that
no
Lay
Iudge
can
have
Iurisdiction
over
a
Clerke
,
though
the
Clerke
will
acknowledge
him
for
his
Iudge
;
and
in
such
a
case
he
is
without
delay
to
be
delivered
to
his
Ordinary
.
Neverthelesse
to
give
Actions
to
Plaintiffes
against
the
Accessories
in
Appeales
and
Indictments
,
it
belongeth
to
the
Iudge
Ex
officio
to
enquire
by
the
Oathes
of
honest
men
,
in
the
presence
of
the
Clerke
whether
he
be
guilty
or
not
,
and
if
he
be
〈◊〉
thereof
,
then
he
is
without
delay
to
be
delivered
to
his
Ordinary
,
and
the
Plaintiffe
shall
Sue
against
the
Accessories
in
the
Kings
Court
,
and
in
the
Spirituall
Court
against
the
Clerke
,
and
the
Clerke
after
his
due
Purgation
made
,
shall
without
delay
have
all
his
lands
and
moveables
delivered
to
him
.
CHAP.
III.
SECT.
5.
Replication
of
Bigamy
.
THe
Exception
of
Clergy
is
sometimes
Counterpleadable
by
a
Replication
of
Bigamy
in
this
manner
.
Sit
,
he
ought
not
to
enjoy
the
benefit
of
this
Priviledge
,
for
he
hath
forfeited
the
same
by
the
sin
of
Bigamy
,
as
he
who
hath
Married
a
widow
,
or
many
wives
;
and
note
that
Matrimony
is
the
lawfull
Order
of
joyning
together
of
a
Christian
man
and
woman
by
their
assents
;
and
as
of
the
Diety
and
Humanity
of
Christ
there
is
made
an
undissolveable
Unity
;
so
was
Matrimony
,
and
according
to
such
Unity
was
such
coupling
found
to
be
,
and
therefore
none
can
remaine
in
that
Unity
who
takes
to
himselfe
a
Plurality
;
and
of
a
Plurality
,
ariseth
this
offence
of
Bigamy
,
which
offence
draweth
Clerkes
nearer
the
Lay
Power
.
And
note
that
Bigamy
may
be
two
waies
;
one
by
a
Plurality
of
〈◊〉
Vives
,
as
he
who
Marrieth
two
wives
or
more
,
the
one
after
the
death
of
the
other
,
or
out-living
the
other
;
the
other
is
plurality
of
Husbands
as
well
as
wives
,
as
it
is
of
a
widow
who
suffereth
her selfe
to
be
Married
to
another
man
,
whether
her
widowhood
came
by
the
death
of
her
Husband
,
or
by
Divorce
;
and
because
it
belongeth
to
say
in
what
point
a
Clerke
is
Bigamus
,
the
Bigamy
is
triable
in
the
Lay
Court
;
if
neverthelesse
the
Jury
doubt
thereof
,
then
the
Ordinary
is
to
certifie
the
same
at
the
Command
of
the
King
,
as
in
the
case
of
Matrimony
when
it
is
denyed
.
On
the
other
side
,
a
Clerke
is
incounterable
by
other
Replications
,
as
he
is
for
being
a
murderer
,
or
a
notorious
lyer
,
or
of
such
a
condition
as
the
Church
is
not
to
protect
him
against
the
Kings
Peace
.
CHAP.
III.
SECT.
6.
Exception
to
the
Power
of
the
Jadge
.
AGainst
the
power
of
the
Judge
the
Defendant
may
help
himself
by
other
Dillatory
Pleas
in
this
manner
;
Sir
,
I
demand
the
sight
and
the
hearing
of
the
Commission
,
whereby
you
claime
Juri●diction
over
me
;
and
if
the
Judge
doe
not
deny
it
,
or
cannot
shew
it
(
notwithstanding
that
no
Judge
Deligate
is
compelable
to
shew
his
power
)
yet
may
the
Party
plead
thus
;
Sir
,
I
appeale
from
this
Commission
,
because
it
maketh
no
mention
of
the
Cause
for
which
I
was
brought
to
Judgement
,
or
not
of
that
point
;
Or
because
you
have
no
Counsans
in
such
a
point
;
or
because
it
is
vicious
,
and
that
may
be
divers
waies
,
as
if
it
be
not
sealed
with
the
Kings
Seale
of
the
Chancery
,
for
none
is
tyed
to
yeeld
obedience
according
to
the
Lawes
and
Customes
of
the
Realme
to
the
Kings
Privy
Seale
,
or
to
the
Seale
of
the
Exchequer
,
nor
unto
any
other
Seale
,
but
onely
to
the
Seale
which
is
assigned
to
be
known
of
the
common
people
,
and
especially
in
Jurisdictions
and
Originall
Writs
,
if
not
for
the
King
only
.
Or
it
may
be
vicious
because
the
Seale
is
counterfeited
or
falsified
,
or
because
the
King
is
not
named
in
the
Writ
,
he
not
being
out
of
the
Kingdome
,
not
in
Ward
;
or
because
the
Writ
containeth
Summons
in
the
Action
where
it
is
personall
,
or
Attachment
where
the
Action
is
mixt
or
reall
,
or
because
the
Seale
is
not
fastned
to
the
Parchment
,
but
one
may
remove
it
,
and
take
it
from
it
at
his
pleasure
;
Or
because
the
Writ
was
brought
too
late
,
or
too
soone
;
Or
because
it
hath
rasure
,
or
enterlining
,
and
diversity
of
hands
,
and
of
words
,
or
false
Latine
;
Or
because
the
Writ
is
written
upon
Paper
,
or
Parchment
which
is
forbidden
;
Or
for
default
found
in
the
Writ
,
as
the
omission
or
transposition
of
a
word
,
fillable
,
or
clause
,
as
it
is
of
abatable
Writs
;
Or
because
the
King
dyed
before
the
Writ
was
brought
,
or
because
the
Writ
is
false
in
in
the
day
of
the
date
,
or
because
the
Commission
requireth
the
association
of
one
who
is
not
present
;
Or
because
the
Writ
was
never
sealed
,
or
because
the
fact
was
not
done
within
his
Jurisdiction
,
or
in
a
place
not
there
determinable
,
or
because
the
Iudge
hath
not
power
or
Counsance
either
of
the
quality
or
the
quantity
of
the
thing
.
CHAP.
III.
SECT.
7.
Exception
to
the
Person
of
the
Judge
.
ALthough
the
Writ
be
good
,
and
the
Power
be
sufficient
,
yet
there
holds
Dillatory
Exceptions
to
the
Person
of
the
Iudge
(
as
it
is
said
)
of
such
Persons
who
cannot
be
Iudges
.
CHAP.
III.
SECT.
8.
Exception
to
the
time
.
OTher
Dillotories
there
are
of
time
,
of
place
,
of
houres
,
of
manners
,
&c.
And
note
,
there
are
three
manner
of
times
exempted
from
Pleas
,
in
which
no
Patries
fit
in
Courts
and
give
Iudgements
,
whereof
two
are
by
Law
,
and
the
other
at
the
Will
of
the
King
.
One
time
containeth
two
Moneths
,
viz.
August
,
and
September
,
which
are
assigned
to
gather
〈◊〉
the
fruits
of
Corne
,
&c.
The
other
times
containeth
the
Feasts
,
and
the
Sundaies
,
which
are
appointed
Feastivalls
for
the
honouring
of
God
,
and
the
Saints
,
which
Feasts
are
these
:
1
The
day
of
the
birth
of
Christ
,
of
St.
Stephen
,
of
St.
Silvester
,
and
the
Epiphany
,
and
the
Purification
of
our
Lady
,
Easter
weeke
,
of
the
Rogations
,
which
containe
three
daies
;
of
the
Assention
,
of
Pentecost
,
of
the
Nativity
of
St.
John
the
Baptist
,
of
the
twelve
Apostles
,
of
St
,
Lawrence
,
and
of
the
Assumption
of
the
Mother
of
God
,
and
her
Nativity
,
of
St.
Michael
,
and
of
all
Saints
,
and
of
St.
Martin
,
with
all
such
Feasts
which
all
Bishops
hold
Feastivalls
in
their
Bishopricks
,
for
that
they
are
Canonized
;
besides
these
the
dales
of
Reliques
,
of
the
Anunciation
of
the
Mother
of
God
,
and
of
her
Conception
,
and
of
the
invention
of
the
Crosse
.
And
note
that
whereas
God
Commanded
to
keepe
holy
the
Sabbath
day
;
it
was
Ordained
,
after
the
Resurrection
,
that
we
keepe
holy
the
Sabbath
Daies
.
The
third
time
is
forbidden
by
the
Kings
Proclamation
,
of
Houres
may
arise
Dillatories
,
for
after
the
houre
of
Noone
,
or
in
the
Night
,
no
Plea
is
to
be
holden
.
CHAP.
III.
SECT.
9.
Exception
of
the
place
.
OF
the
manner
arise
Dillatorie
,
for
in
Riding
,
nor
in
Walking
,
nor
in
Tavernes
,
nor
else
where
,
but
in
knowne
places
for
a
Consistory
can
any
Court
be
holden
.
CHAP.
III.
SECT.
10.
Exception
to
the
Person
of
the
Plaintiffe
.
OTher
Exceptions
Dillatories
arise
from
the
Persons
of
some
Plaintiffes
,
as
it
is
of
those
Persons
who
are
rebukeable
of
accusations
.
Other
Exceptions
Dillatories
rise
from
the
Persons
of
the
Pleaders
,
or
of
the
Atturnies
,
or
of
the
Essoigners
,
for
none
can
doe
that
by
his
Atturney
which
himselfe
cannor
doe
,
nor
can
any
be
an
Essoigner
,
Atturney
,
or
Pleader
who
may
not
be
a
Plaintiffe
.
CHAP.
III.
SECT.
11.
Exception
of
Person
,
and
of
his
Custody
.
OR
he
may
take
Exception
against
his
owne
Person
,
and
say
that
he
is
not
within
the
Kings
Power
,
or
if
he
be
imprisoned
for
a
greater
offence
,
or
Appealed
,
or
Indicted
of
Crime
,
or
of
a
higher
Crime
;
Or
he
may
say
,
that
he
is
not
bound
to
Answer
thereunto
,
for
as
much
as
he
is
not
brought
to
Judgement
by
a
right
course
,
which
willeth
that
no
man
may
be
attached
by
his
body
,
when
he
is
distreyneable
by
his
Lands
or
other
goods
,
if
not
for
a
personall
offence
.
Or
he
may
say
,
that
he
is
not
tyed
to
Answer
to
any
Action
which
toucheth
losse
of
life
or
member
,
or
right
of
property
,
untill
he
be
of
the
full
age
of
one
and
twenty
yeares
or
more
;
and
there
are
other
Dillatories
of
the
Persons
of
the
Answerers
which
●ppearebefore
.
CHAP.
III.
SECT.
12.
Exception
of
Summons
.
IN
Pleas
of
Summons
he
may
say
,
he
ought
not
to
Answer
,
because
the
Plaintiffe
holdeth
no
Suit
of
Distresse
;
nor
hath
any
other
manner
of
proofe
present
;
Or
because
the
Plaintiffe
hath
not
found
Sureties
to
pursue
his
Plaint
,
or
because
he
was
not
summoned
,
or
not
reasonably
summoned
,
or
that
he
received
the
Summons
by
no
Free-man
,
or
but
by
one
Freeman
;
Or
because
he
was
summoned
too
late
,
or
because
he
was
never
summoned
what
thing
to
answer
to
,
or
because
he
was
not
summnoned
against
the
Plaintiffe
.
CHAP.
III.
SECT.
13.
Exceptions
of
vicious
Cou●●●
.
AS
Writs
which
are
vicious
are
aba●●able
,
so
also
are
vicious
Appeales
;
as
if
the
Appeales
be
not
brought
within
the
yeare
after
the
Felony
done
,
or
not
before
the
Coroner
,
or
not
in
the
County
where
the
offence
was
done
,
or
not
in
a
right
place
,
or
for
variance
,
or
for
Omission
,
or
Interuption
,
or
because
the
Plaintiffe
is
batred
against
others
in
the
same
Appeale
.
Sometimes
it
happeneth
that
the
thing
which
is
robbed
or
stolne
is
found
in
the
possession
of
a
true
man
,
against
whom
the
Owner
of
the
property
,
or
of
the
possession
frameth
his
Appeale
,
as
he
who
is
a
Robber
of
another
,
in
which
case
there
is
a
difference
,
for
if
it
be
found
that
such
a
thing
was
given
,
sold
,
or
delivered
to
him
without
Coliusion
,
in
such
case
the
possessor
is
acquitted
,
or
at
least
Bayleable
untill
the
next
comming
of
the
Iustices
;
and
when
the
Iustices
come
,
the
first
possessor
thereof
is
to
be
Arraigned
,
and
he
may
shew
how
it
came
to
him
;
neverthelesse
if
he
would
vouch
one
to
warrant
it
he
cannot
,
nor
deny
the
Title
of
his
possession
,
but
in
the
name
of
Voucher
he
may
say
,
that
it
came
to
him
by
lawfull
Title
,
as
that
he
bought
it
in
such
a
Market
,
or
in
such
a
place
,
without
mentioning
of
whom
;
and
the
Sheriffe
is
thereupon
to
cause
a
Jury
to
be
impannelled
,
and
if
the
Answer
be
found
true
,
then
he
is
acquitted
,
and
if
not
,
then
to
be
condemned
as
before
,
as
if
the
Plaintiffe
had
proved
the
felony
.
And
if
any
one
appeare
,
and
justifie
the
thing
to
be
his
,
he
is
not
to
be
received
as
a
Party
,
but
the
Cause
is
first
to
be
tryed
betwixt
the
two
first
,
&
afterwards
he
may
make
the
estranger
a
Party
if
he
will
;
and
if
the
case
be
that
the
buying
was
within
a
place
within
a
Franchise
,
and
the
Sheriffe
returne
,
that
he
cannot
execute
the
Writ
by
reason
of
the
Franchise
of
such
a
man
,
or
of
such
a
place
;
in
such
case
the
Sheriffe
is
to
be
Commanded
that
he
forbeare
not
by
reason
of
the
Franchise
,
but
that
he
enter
and
execute
the
Writ
.
And
if
the
Possessor
saith
,
That
he
came
to
the
thing
from
a
man
certaine
,
and
he
be
present
,
and
will
maintaine
the
same
without
Collusion
,
he
is
to
be
admitted
thereunto
,
and
the
other
is
to
be
discharged
;
and
if
he
deny
the
Contract
,
this
affirmative
,
and
this
negative
are
tryable
by
Battaile
or
Jury
;
neverthelesse
at
the
Kings
Suit
the
possessor
ought
make
title
to
the
Possession
,
or
cleare
himselfe
thereof
;
for
two
things
are
necessary
,
Conscience
for
us
,
and
Fame
against
others
.
And
that
which
is
said
of
making
of
Title
to
the
possession
of
things
,
in
Case
where
a
false
Writ
,
or
false
Mony
,
or
Larcine
,
or
thing
lost
,
or
Estrey
,
or
other
hurt
is
found
at
the
Kings
Suit
,
although
that
the
last
professor
acquit
himselfe
of
the
selony
;
if
the
Plainliffe
neverthelesse
prove
the
thing
to
be
his
,
as
of
his
possession
,
or
stoll
en
from
another
,
or
otherwise
lost
,
the
Law
is
,
that
he
recover
the
thing
without
any
payment
for
it
.
Or
he
may
have
Exception
Dillatory
to
a
vicious
Deed
,
for
varience
betwixt
the
words
of
the
Writ
and
the
nature
of
the
Action
,
and
the
Count
,
as
if
he
have
omitted
to
Charge
me
,
or
if
he
Charge
that
in
the
Count
which
was
not
to
be
in
that
Action
,
as
felony
in
a
veniall
Action
.
And
as
the
Defendant
hath
a
Dillatory
Exception
to
abate
a
vicious
Count
,
in
like
manner
hath
the
Plaintiffe
a
Replication
against
the
Defendant
upon
a
faulty
Answer
;
but
because
none
is
to
be
Iudged
for
not
Answering
in
Appeales
of
Felony
,
it
is
sufficient
for
every
one
to
deny
the
fellony
generally
,
though
he
Answer
not
particularly
to
every
word
mentioned
in
the
Appeale
.
And
in
Cases
venialls
,
where
the
Defendants
say
nothing
in
excuse
of
that
which
is
offered
against
them
in
Judgement
,
they
are
to
be
adjudged
and
Condemned
as
not
Answering
at
all
;
in
the
same
manner
is
it
where
one
Answereth
not
duly
,
or
insufficiently
.
CHAP.
III.
SECT.
14.
Exception
to
Approvers
.
TO
an
Approver
one
may
thus
Answer
;
Sir
,
I
am
a
true
man
,
sworne
to
the
King
,
and
within
a
Franck-pledge
;
and
this
Approver
is
a
Felon
attainted
by
his
owne
confession
,
and
our
of
the
Kings
protection
,
&
by
consequence
out
of
the
Kings
Peace
,
whereby
he
hath
lost
his
free
voice
,
and
lost
every
right
,
and
every
Action
,
so
as
he
is
not
to
be
admitted
in
any
Action
,
no
more
then
a
man
who
is
Out-lawed
by
Judgement
.
Or
he
may
plead
,
that
he
ought
not
●o
Answer
him
,
because
he
did
not
Appeale
him
in
his
first
Appeale
,
or
not
before
the
Coroners
,
and
if
the
Approver
cannot
helpe
himselfe
by
this
Replication
,
as
●o
say
,
that
he
is
not
any
way
out
of
the
Kings
protection
;
the
Defendant
is
bound
to
Answer
him
,
but
he
is
not
to
be
delivered
to
the
Fee-pledges
where
he
is
in
the
Decenry
;
or
to
other
Main-prisors
untill
he
be
appealed
,
or
indicted
.
CHAP.
III.
SECT.
15.
Exceptions
of
Indictments
.
THese
Exceptions
hold
to
Indictments
,
Sir
,
I
demand
sight
of
the
Indictments
,
whereby
I
may
take
exceptions
again●●
the
persons
of
the
Endictors
,
or
to
the
forme
of
the
Indictment
,
for
no
Villaine
can
indite
any
man
.
Or
if
the
Indictment
be
not
made
by
〈◊〉
whole
dozien
of
Free-men
,
or
by
〈◊〉
who
cannot
indict
any
man
.
Or
if
the
Indictment
be
not
sealed
with
the
Seale
of
the
twelve
Jurouts
,
or
〈◊〉
it
is
not
the
record
of
Iudges
〈◊〉
thereunto
;
Or
if
the
Indictment
hath
not
been
within
the
yeare
,
or
by
people
of
credit
,
and
of
good
fame
,
no
man
is
bound
to
answer
to
such
an
indictment
.
Nor
if
the
Indictment
hath
not
been
made
within
the
Neighbour-hood
of
the
same
County
,
also
if
the
Indictment
be
generall
,
for
a
generall
slander
defameth
no
man
,
nor
is
he
compelled
to
answer
thereunto
;
as
if
the
Indictment
be
such
a
one
is
a
Murderer
,
or
a
Thiefe
,
or
wicked
,
without
alleadging
any
particular
offence
therein
,
for
to
the
common
fame
of
the
people
an
Indictment
ought
to
give
no
credit
or
beleefe
.
Or
he
may
say
,
that
the
Iustices
went
the
Eyre
after
the
felony
done
,
where
nothing
was
moved
of
this
felony
.
CHAP.
III.
SECT.
16.
An
Answer
to
Treason
DArling
here
denies
all
Treasons
and
Felonies
,
and
whatsoever
is
against
the
Kings
Peace
.
And
as
to
the
consideration
he
may
say
thus
;
Sir
,
notwithstanding
the
joynt
Alliance
betwixt
us
by
Homage
sometimes
before
this
time
,
neverthelesse
when
he
counted
that
I
should
commit
this
Treason
,
I
had
yeelded
up
to
him
all
the
Lands
which
I
held
of
him
,
or
I
lost
them
by
Judgement
,
or
by
Disseisin
,
which
the
Plaintiffe
did
to
me
,
or
he
appointed
them
to
come
to
others
;
in
which
case
the
felony
is
barred
,
and
the
Plaintiffe
is
condemnable
.
And
as
to
the
consideration
of
present
Fealty
he
may
say
,
that
this
Alliance
the
Plaintiffe
forfeited
against
him
in
such
a
point
,
or
such
a
point
;
such
Fealty
issued
out
of
such
Lands
whereof
the
Defendant
was
not
then
Tenant
,
neither
in
demeane
nor
in
service
.
And
to
the
Alliance
of
Courtesie
he
may
say
,
that
such
benefit
was
not
to
continue
but
untill
a
time
past
before
the
time
named
in
the
Appeale
,
for
afterwards
he
paid
him
nothing
of
such
Pension
,
or
other
Courtesie
but
by
Iudgement
had
against
him
,
and
in
despite
of
him
,
O●
thus
,
before
the
time
named
in
the
Appeale
he
yeelded
up
to
him
his
deed
of
the
Pension
,
or
released
the
same
unto
him
,
or
quit-claimed
the
same
whereby
the
Alliance
was
destroyed
.
CHAP.
III.
SECT.
17.
TO
Burning
he
may
say
,
that
the
mischiefe
came
by
mischance
,
and
not
of
a
premeditated
felon
.
CHAP.
III.
SECT.
18.
Murder
.
TO
an
Appeale
of
Murder
he
may
plead
,
that
the
Action
belongeth
not
to
such
women
as
the
wife
of
the
Plaintiffe
,
because
he
was
not
killed
in
her
armes
,
or
in
her
seisin
.
Or
thus
,
Sir
,
the
Plaintiffe
is
to
have
no
Action
,
for
as
much
as
there
is
one
nearer
of
blood
who
hath
brought
his
Appeale
,
and
is
a
person
of
ability
so
to
doe
;
Or
he
may
say
,
that
he
is
not
bounden
to
Answer
in
England
unto
an
Act
done
out
of
the
Realme
,
if
the
thing
concerne
not
the
Kings
right
,
as
his
Person
,
or
his
Inheritance
;
nor
in
a
Priviledged
place
,
where
the
Kings
Writ
runneth
not
of
an
Act
done
in
a
forraigne
place
,
nor
è
contra
in
a
Franchise
,
of
an
Act
done
in
Guildable
;
Or
he
may
say
,
that
he
did
it
not
feloniously
,
but
by
mischance
,
or
by
a
lawfull
Judgement
:
or
thus
,
not
against
the
Peace
as
a
Fugitive
,
or
as
a
known
Felon
,
or
as
one
who
was
not
within
Allegiance
to
the
King
at
the
time
of
the
killing
.
CHAP.
III.
SECT.
19.
TO
an
Appeale
of
Robbery
or
of
Larcine
he
may
plead
,
that
he
wrongfully
bringeth
this
Appeale
,
for
as
much
as
the
Plaintiffe
brought
an
Action
of
Trespasse
against
the
same
Persons
of
the
same
before
such
Iudges
;
and
if
any
one
would
cover
his
Larcine
by
colour
of
Avowry
for
an
estray
,
or
a
Waife
,
in
such
case
it
behooveth
thathe
shew
forth
a
Title
allowable
for
such
a
franchise
;
but
this
exception
is
counterpleadable
by
this
peremptory
replication
;
Sir
,
such
Avowry
ought
not
to
be
of
any
force
,
because
he
presently
carried
away
the
Estray
,
or
Waife
so
found
,
or
changed
it
,
or
sold
it
,
or
killed
it
,
or
put
it
out
of
the
View
,
or
from
the
knowledge
of
the
neighbour-hood
,
whereas
he
ought
to
have
publikely
cried
it
in
three
Markets
,
and
Monasterles
next
adjoyning
,
and
keepe
it
in
a
common
place
for
a
whole
yeare
.
To
the
exception
of
Distresse
holds
this
Replication
;
Sir
,
such
Avowry
ought
not
availe
him
,
because
he
was
not
a
knowne
Bayliff
in
such
a
Hundred
;
or
because
he
did
not
any
thing
in
the
manner
of
a
distresse
,
as
not
in
a
due
time
,
nor
had
any
warrant
,
but
tooke
it
in
the
night
time
,
or
in
such
other
manner
feloniously
robbed
him
,
and
stole
,
&c.
and
in
the
like
manner
may
a
Replication
hold
against
a
robbery
made
by
colour
of
disseisin
.
CHAP.
III.
SECT.
20.
Of
Burglary
.
TO
Burglary
he
may
say
;
That
he
entred
into
the
Tenements
without
doing
any
Felony
,
and
not
against
the
Peace
,
as
in
to
his
owne
demeane
,
and
free-hold
.
CHAP.
III.
SECT.
21.
Of
Rape
.
IN
Appeale
of
Rape
he
may
deny
the
Felony
,
and
say
that
he
ravished
not
her
against
her
wil
,
but
that
she
assented
,
and
that
appeareth
because
she
conceived
by
him
at
the
same
time
,
and
there
is
no
presumption
that
she
was
ravished
against
her
will
by
fouling
of
her
Garments
,
nor
shedding
of
blood
,
nor
Hue
and
Cry
made
,
or
other
manner
of
violence
offered
.
CHAP.
III.
SECT.
22.
Of
Imprisonment
.
TO
the
Appeale
of
Imprisonment
he
may
say
,
that
he
did
it
by
force
of
a
rightfull
Judgement
of
such
a
Iudge
;
but
to
that
Plea
is
this
Replication
good
,
that
after
there
came
a
Warrant
to
him
to
deliver
him
,
he
kept
him
in
prison
for
the
time
named
in
the
Appeale
.
CHAP.
III.
SECT.
23.
Of
Mayhem
and
Wounding
.
IN
Mayhem
he
may
demand
the
View
thereof
,
for
he
cannot
lawfully
complaine
when
there
is
no
Mayhem
to
be
Iudged
of
;
and
of
Appeale
of
Wounding
in
the
same
manner
.
By
the
death
of
the
King
all
Pleas
are
suspended
,
all
Goales
opened
,
no
Iudge
,
Bayliffe
,
or
other
Officer
ought
to
entermeddle
therewith
for
want
or
warrant
,
and
all
Out-lawes
,
and
all
Waives
,
and
those
who
have
forjured
the
Realme
,
and
all
banished
Persons
used
then
to
returne
,
except
those
who
were
exiled
and
banished
for
ever
;
and
if
any
recovered
before
for
that
he
could
not
have
Dett
,
if
he
were
not
just●fied
to
the
Peace
;
and
if
he
be
brought
to
Iudgement
,
and
if
he
be
accused
of
Outlawry
,
he
may
say
that
he
is
discharged
of
the
Outlawry
by
the
Kings
grant
,
Or
he
may
say
that
the
Outlawry
ought
not
to
prejudice
him
because
he
was
under
the
age
of
2.
yeares
at
the
time
of
the
Outlawry
,
and
therefore
that
he
was
not
Outlawed
for
the
felony
.
Or
because
the
felony
was
not
done
in
such
a
County
,
or
because
he
was
not
Out-lawed
in
England
,
or
not
within
the
Kings
Dominion
where
the
Writ
runneth
;
for
an
Outlawry
prouounced
against
a
man
in
the
Bishoprick
of
Durham
,
or
elsewhere
in
the
Land
where
the
Kings
Writ
doth
not
run
,
shall
prejudice
as
one
in
the
Land
where
the
Kings
Writ
runneth
,
Nec
è
contra
.
Or
because
the
felony
was
not
done
in
the
time
of
this
King
,
or
not
since
the
last
Eyre
in
that
County
;
Or
because
the
Processe
of
the
Outlawry
was
false
,
by
a
false
Warrant
,
or
without
any
Warrant
,
or
because
he
lay
sicke
,
and
was
Essoigned
De
malo
lect●
,
or
because
he
is
alive
for
whose
death
he
was
Out-lawed
;
or
because
he
was
Imprisoned
the
day
of
the
Outlawry
,
or
because
he
was
in
the
Kings
service
in
the
Holy
Land
,
or
within
the
Realm
for
the
profit
of
the
Common-wealth
.
Or
because
he
had
the
Kings
Protection
,
or
because
he
was
a
Mad-man
,
or
an
Idiot
,
or
Deafe
,
or
Dumbe
,
or
professed
in
Reliligion
,
in
which
cases
if
he
pray
to
be
received
to
Answer
,
he
is
to
be
received
.
And
the
Plaintiffe
was
to
be
demanded
,
and
it
was
to
be
proclaimed
,
that
if
any
one
could
shew
why
he
should
not
be
enlarged
,
that
he
appeared
at
a
certaine
day
.
All
Parties
in
Iudgement
are
necessary
to
be
present
,
and
they
are
to
have
Oyer
of
the
Writs
,
of
the
Originall
,
the
Plaintiffes
Commission
,
the
quantity
or
the
quality
of
his
plaint
.
And
the
Disseisor
or
their
Bayliffes
,
every
one
of
them
for
himselfe
may
say
in
this
manner
,
he
may
Answer
and
say
for
himselfe
,
that
he
hath
not
done
any
wrong
or
disseisin
,
nor
hath
any
thing
in
the
Tenements
put
in
the
Plaint
,
and
he
may
so
Answer
,
and
so
of
others
till
it
come
to
the
Tenant
in
whose
name
the
disseisin
was
;
and
he
may
Answer
and
say
,
that
he
is
not
in
by
disseisin
,
but
is
in
by
D.
who
infeoffed
him
who
is
not
named
in
the
Writ
;
and
it
may
be
that
D.
entred
by
E.
and
so
there
may
be
many
,
according
to
divers
Feoffments
betwixt
the
first
Disseisor
and
the
Tenant
,
in
which
cases
no
Voucher
to
warranty
holdeth
place
for
a
Personall
Trespasse
,
and
therefore
every
one
is
well
to
looke
not
to
make
a
Contract
of
a
vicious
thing
,
and
that
he
take
Caution
,
and
such
Surety
in
the
Contract
that
he
may
have
a
recourse
to
recover
if
he
lose
the
thing
;
and
therefore
the
Lords
used
so
keepe
their
Mannours
that
none
could
enter
by
Intrusion
,
Disseisin
,
or
by
other
vicious
bargaines
,
not
otherwise
unlesse
the
bargaines
were
entred
in
their
full
Courts
,
whereby
the
Lords
could
not
have
received
their
enemies
into
their
Mannours
,
nor
have
taken
their
Homage
against
their
wills
,
nor
any
used
to
enter
before
they
had
found
Sureties
to
restore
to
the
Purchasor
or
his
Heires
the
value
of
the
thing
,
if
by
rightfull
Iudgement
it
belonged
to
him
after
his
thing
lost
for
the
offence
of
Allienation
,
or
for
his
power
of
this
warranty
.
To
the
principall
Disseisor
it
belongeth
to
have
a
regard
,
if
the
Plaintiffe
put
more
into
his
Plaint
,
that
he
Answer
not
but
to
that
which
he
may
avowe
;
he
may
say
,
that
there
is
varience
betwixt
the
Originall
and
the
Commission
;
or
that
the
Writ
is
vicious
,
as
it
is
in
misprision
of
names
,
or
fit-names
.
Of
names
,
as
Renand
for
Harrand
,
Margery
for
Margaret
,
and
such
like
;
or
he
may
say
the
Writ
is
faulty
for
want
of
Sirnames
,
or
if
the
names
of
Dignity
be
omitted
;
as
if
a
Bishop
,
Abbot
,
Prior
,
or
other
be
disseised
of
any
thing
in
the
right
of
his
Dignity
,
and
he
makes
his
plaint
simply
of
a
Trespasse
done
onely
to
his
Person
,
and
not
to
his
Church
or
Dignity
in
this
manner
;
A.
complaines
to
you
,
wherea
;
he
ought
thus
to
make
his
Plaint
.
A
Bishop
of
London
,
and
so
it
is
of
Disseisors
;
Or
he
may
say
that
the
Writ
is
vicious
,
because
the
Plaintiffe
who
is
solely
in
the
Plaint
hath
no
cause
of
Action
,
but
with
another
who
is
not
named
in
the
Writ
.
Or
it
may
be
faulty
if
it
be
not
contained
in
the
Writ
,
Dissersivie
eum
,
where
it
ought
to
be
Dissersivie
eam
,
or
eos
,
where
it
should
be
ewn
or
eam
,
etè
contra
.
It
is
contained
in
the
Writ
,
(
wrongfully
and
without
Judgement
)
&c.
and
to
that
one
may
plead
not
wrongfully
,
but
rightfully
denying
any
other
force
.
And
note
that
one
may
be
disseised
wrongfully
and
without
Judgement
,
and
wrongfully
and
by
Judgement
;
as
it
is
of
those
who
are
disseised
of
their
Free-holds
by
the
Judges
who
have
no
Iurisdiction
,
and
neverthelesse
adjudge
men
to
be
put
out
of
their
Possessions
,
and
one
may
be
rightfully
and
without
Iudgement
,
as
in
the
cases
aforesaid
;
and
further
rightfully
and
by
Iudgement
,
and
thereof
rise
Exceptions
,
and
so
not
without
Iudgement
and
yet
by
Iudgement
,
and
that
may
be
either
by
the
Iudgement
of
Iudges
Commissaries
,
or
Iudges
Ordinaries
as
were
the
Suitors
.
Againe
,
Writs
may
be
vicious
by
misprision
of
the
names
of
the
Townes
,
as
if
a
Hamlet
be
named
for
a
Towne
,
or
if
the
Towne
be
not
right
named
,
or
if
the
Towne
be
not
distinguished
where
there
are
two
Towne
,
of
like
name
in
the
same
County
.
And
from
these
words
(
after
the
Term
)
may
arise
Exceptions
;
as
if
not
the
Term
,
yet
he
might
have
distreyned
for
,
or
the
Arrerages
of
his
Penson
,
or
speciall
Obligation
,
exceptthat
he
had
any
wrong
.
Or
because
another
Writ
for
the
same
Action
is
yet
depending
betwixt
the
same
Parties
,
or
he
may
say
that
he
wrongfully
complaines
,
whereas
at
his
one
Plaint
he
lost
the
same
Tenement
by
a
lawfull
Iudgement
against
him
;
Or
that
he
hath
released
or
quit-claimed
all
his
Right
,
or
to
the
same
purpose
,
or
otherwise
rattified
his
estate
,
or
because
at
another
time
he
withdrew
his
Action
before
such
Iudges
.
Eor
the
helping
of
the
peoples
memories
are
Escripts
,
Charters
,
and
Minuments
very
necessary
to
testifie
the
Conditions
&
the
points
of
Contracts
,
for
by
the
Stature
of
Lenfred
,
who
ordained
that
one
might
deny
Contracts
by
waging
of
his
Law
,
and
that
Plaintiffes
prove
their
Writings
,
otherwise
their
Charters
which
are
not
denied
,
&
not
to
be
shewed
by
Iurours
in
England
for
Forraigne
Contracts
,
or
of
places
Enfran
,
chised
,
or
elsewhere
,
where
the
Kings
Writs
run
not
by
Coppies
,
or
Collation
of
the
Seales
of
others
,
or
by
Iurours
,
or
by
Battaile
,
according
to
the
Plaintiffes
Action
.
To
give
matter
and
way
to
Exceptions
in
the
aide
of
those
who
are
to
Answer
,
one
is
to
know
the
end
and
limitation
of
Actions
,
and
of
Pleas
,
so
that
the
Pleas
may
have
an
end
,
and
therefore
Prescriptions
were
ordained
,
whereof
Thurmond
Ordained
,
That
Criminall
Actions
for
revenge
should
cease
at
the
yeares
end
,
if
they
were
not
brought
before
,
and
the
same
time
he
appointed
in
all
Actions
for
Wrecks
,
Estraies
,
Waife
,
and
of
things
lost
;
in
Personall
Actions
Venialls
be
appointed
the
Terme
after
the
last
Eyre
in
those
parts
;
in
reall
Actions
and
Mixt
he
appointed
forty
yeares
,
neverthelesse
as
to
the
King
in
the
right
of
his
Crowne
,
and
to
a
Francke
estare
Nullum
tempus
occurrit●
.
To
an
Action
of
Accompt
he
may
say
,
that
he
never
was
his
Receiver
,
not
Administrator
of
his
goods
,
nor
of
his
monies
,
whereby
he
was
bound
to
render
him
any
Accompt
,
and
that
he
received
them
of
him
under
the
title
of
Buying
,
whereof
he
gave
him
a
writing
to
surrender
at
a
certain
time
.
Or
thus
,
notwithstanding
he
was
his
Receiver
or
Administrator
in
a
Franchise
,
or
elsewhere
out
of
the
Realme
,
or
in
a
Priviledged
place
,
whereby
he
is
not
bounden
to
give
him
an
Accompt
within
the
Realme
,
nor
where
the
Kings
Writ
runneth
,
or
in
guildable
,
or
è
contra
.
Or
he
may
say
that
the
Writ
is
vicious
by
false
supposition
,
and
falsly
supposeth
the
Defendant
to
be
a
Fugitive
,
and
besides
not
a
Free-holder
within
his
Bayllwick
to
whom
the
Writ
is
sent
.
Or
he
is
not
bound
to
yeeld
him
any
Accompt
for
that
he
was
never
Receiver
of
his
owne
hand
,
or
of
his
daily
Receipt
he
gave
him
a
daily
Accompt
;
or
that
he
disbursed
nothing
,
nor
bought
any
thing
but
in
the
Plaintiffes
sight
,
or
of
some
of
his
;
Or
for
that
the
Plaintiffe
by
Tallie
;
and
other
Roles
hath
discharged
him
of
so
much
in
value
as
the
Defendant
was
to
give
an
Accompt
for
.
Or
because
he
hath
made
him
an
Acquittance
thereof
,
or
because
he
was
never
Guardian
of
his
Inheritance
as
his
Guardian
,
but
was
Guardian
during
the
time
of
the
thing
for
his
owne
proper
use
,
or
it
belongeth
to
him
that
is
Guardian
of
the
Lands
in
the
right
of
his
Fee
whether
it
be
Socage
or
other
.
To
the
Action
of
Villinage
he
may
say
,
That
he
is
a
Free-man
,
and
that
he
hath
proved
the
same
at
another
time
by
a
Writ
of
Libertate
probanda
,
that
he
is
quit
from
any
Challenge
by
the
Plaintiffe
for
ever
,
if
he
have
no
reasonable
Counter-plea
against
it
.
And
as
to
the
seisin
of
Villaine
Services
he
may
say
,
That
he
did
those
Services
wrongfully
,
by
Extortion
,
and
duresse
of
him
and
his
Baylisses
,
or
for
the
service
of
Villinage
and
Villaine
Land
which
he
held
of
him
,
and
not
by
service
of
blood
;
and
there
are
two
other
things
,
the
one
that
if
the
Defendant
can
shew
a
free
Stocke
of
his
Ancestours
,
either
in
the
conception
or
in
the
birth
,
the
Defendant
hath
alwaies
been
accounted
for
a
Freeman
,
although
his
Father
,
Mother
,
Brother
and
Cousens
,
and
all
his
Parentage
acknowledge
themselves
to
be
the
Plaintiffes
Villaines
,
and
doe
restifie
the
Defendant
to
be
a
Villaine
.
The
other
thing
to
be
noted
is
,
That
no
more
then
the
long
Tenure
of
Copy-hold
Land
maketh
a
Free-man
a
Villaine
,
the
long
Tenures
of
Free-hold
maketh
a
Villaine
a
Free-man
;
for
freedome
is
never
lost
by
prescription
of
time
.
There
are
many
manner
of
prooffs
by
the
same
Pleas
,
sometimes
by
Rewards
,
sometimes
by
Battaile
,
sometimes
by
Witnesses
,
sometimes
by
the
Consessions
of
the
Adverse
parties
.
1
By
Record
,
as
in
case
where
the
parties
doe
agree
together
upon
some
enrolement
,
or
to
the
Iudgement
of
some
Iudge
Ordinary
or
Assigned
.
2
By
Battaile
,
for
upon
warrant
of
the
Combate
which
the
Iudges
tooke
betwixt
David
for
the
people
of
Israel
of
the
one
party
,
and
Goliah
for
the
Philistims
on
the
other
party
,
is
the
usage
of
Battaile
allowable
by
the
Law
in
England
,
so
that
the
proofe
of
Felony
and
other
cases
is
done
by
combate
of
two
according
to
the
diversities
of
the
Actions
;
for
as
there
is
a
personall
Action
and
a
reall
,
so
there
is
a
personall
Combate
and
a
reall
;
personall
in
personall
Actions
,
reall
in
realls
;
and
these
Combates
are
differing
in
this
,
that
in
a
Personall
Combate
for
Felony
none
can
combate
for
another
,
neverthelesse
in
Actions
,
Personalls
,
Venials
,
it
is
lawfull
for
the
Plaintiffes
to
make
their
Battailes
by
their
bodies
,
or
by
loyall
Witnesses
,
as
in
the
right
of
reall
Combates
,
because
that
none
can
be
Witnesse
for
himselfe
;
and
no
man
is
bound
to
discover
his
reall
right
,
and
although
they
make
these
Combates
for
the
Plaintiffes
by
Witnesses
,
the
Defendants
neverthelesse
may
defend
their
owne
right
by
their
owne
bodies
,
or
by
the
bodies
of
their
Free-men
;
and
further
they
differ
;
for
as
much
as
in
Appeales
none
can
Combate
for
another
,
but
it
is
otherwise
in
reall
Actions
,
for
if
that
one
of
the
Parties
be
hurt
so
as
he
cannot
Combate
,
his
eldest
Son
may
wage
the
Battaile
for
him
.
The
Battaile
of
two
men
sufficeth
to
declare
the
truth
,
so
that
the
Victory
is
holden
for
truth
.
Combates
are
made
in
many
other
Cases
then
in
Felonies
,
for
if
a
man
hath
done
any
falsity
to
me
in
deed
,
or
in
word
,
whereof
he
is
Appealed
or
Impeached
in
Judgement
,
if
he
deny
it
,
it
is
lawfull
for
me
to
prove
the
Action
either
by
Jury
,
or
by
my
Body
,
or
by
the
Body
of
one
Witnesse
;
and
if
it
be
of
the
false
Judgement
of
many
,
then
the
proofe
belongeth
only
against
the
pronouncer
of
the
Judgement
for
the
whole
Court
.
And
so
it
is
in
case
where
you
deny
your
Gift
,
Baylement
,
Pledges
,
Deed
,
Seale
,
or
other
manner
of
Contract
,
or
the
words
which
you
spake
,
or
the
deed
which
you
did
.
Neverthelesse
you
are
to
distinguish
of
the
qualities
of
the
Causes
,
for
in
Appeales
of
Felony
none
can
Combate
for
another
as
is
said
but
in
Veniall
Causes
,
although
one
be
killed
in
the
Battaile
he
committeth
no
Murder
,
but
onely
those
vanquished
,
or
their
Clyents
for
them
shall
tender
to
the
Combitants
vanquishing
forty
shillings
in
name
of
Cowardize
,
besides
the
Judgement
upon
the
principall
.
And
in
case
where
Battaile
could
not
be
joyned
,
not
there
was
no
Witnesse
,
the
people
in
personall
Actions
used
to
helpe
themselves
by
a
Miracle
of
God
in
this
manner
;
If
the
Defendant
were
a
woman
,
or
of
such
a
condition
that
she
could
not
joyne
Battaile
,
and
the
Plaintiffe
had
no
Witnesse
to
prove
his
Action
,
then
the
Defendant
might
cleare
her
credit
by
the
Miracle
of
God
,
or
leave
the
proofe
to
the
Plaintiffe
;
and
in
the
contrary
case
the
proofe
onely
belonged
to
the
Plaintiffe
.
At
the
day
of
the
proofe
,
or
of
the
purgation
,
after
the
Benediction
,
and
the
Malediction
of
the
Priest
,
cloathed
with
the
holy
Garments
of
the
Masse
,
and
after
the
parties
Oathes
one
used
to
keepe
the
party
;
and
he
was
to
carry
in
his
hand
a
peece
of
burning
Iron
if
he
were
a
Free-man
,
or
put
his
hand
or
his
foote
in
boyling
water
;
if
he
were
not
Free
,
or
to
doe
some
such
thing
which
were
impossible
to
doe
without
a
Miracle
from
God
;
and
if
he
was
not
hurt
or
blemished
the
adverse
Party
remained
as
attainted
;
but
Christianity
suffered
not
that
they
be
by
such
wicked
Arts
cleared
if
one
may
otherwise
avoid
it
.
Battaile
is
not
to
be
joyned
betwixt
all
people
,
for
it
is
not
to
be
joyned
but
betwixt
equalls
,
nor
yet
betwixt
all
equalls
,
for
not
betwixt
the
Father
and
the
Son
,
nor
betwixt
Women
,
or
Infants
,
or
Clerkes
,
or
Parents
,
or
Assignes
.
Equalls
are
not
a
man
and
a
woman
,
nor
a
Holy
man
,
and
an
Excommunicate
Petson
,
nor
a
Christian
and
an
Infidell
,
nor
a
whole
man
and
a
sicke
,
nor
a
man
of
good
memory
and
a
Mad-man
,
nor
a
wire
man
and
a
foole
,
not
a
sound
man
,
nor
a
man
mayhemed
,
nor
a
man
and
a
childe
,
nor
a
Clerke
and
a
Lay
Person
,
nor
a
man
professed
in
Religion
and
a
Secular
man
,
not
a
true-man
and
a
Felon
,
nor
a
man
within
the
Kings
Alleagiance
,
and
out
of
his
Alleagiance
,
nor
the
Lord
,
and
Tenant
.
The
smallnesse
also
of
the
thing
in
demand
doth
hinder
the
Battaile
,
and
many
other
Caus●s
,
as
it
appeareth
in
the
Law
of
Fees
;
neverthelesse
if
those
who
are
not
receiveable
to
joyn
in
Battaise
will
Combate
if
the
Bartaile
be
joyned
betwixt
them
,
it
is
no
wrong
to
them
who
desire
it
.
And
if
any
one
offereth
himselfe
to
Combate
with
one
armed
,
who
before
was
not
brought
by
the
Parties
,
and
the
adverse
Party
de
nand
Judgement
for
the
default
of
his
adversary
;
as
if
he
rendereth
a
Witnesse
who
offereth
himselfe
to
decide
the
difference
,
and
now
he
offereth
to
furnish
the
Battaile
by
another
who
was
not
seene
,
nor
heard
in
Court
,
and
who
cannot
and
ought
not
to
try
the
Battaile
:
in
such
case
it
belongeth
to
try
the
Exception
as
peremptory
to
the
Action
,
if
the
Parties
will
not
agree
unto
it
.
Chap.
3.
Sect.
24.
Iuramentum
Duelli
.
AFter
the
Battaile
joyned
,
adjourned
,
and
presented
,
&
the
parties
duly
armed
,
First
the
defendant
is
to
swear
in
this
manner
,
Heare
this
you
man
who
●hold
by
the
hand
,
whom
you
call
N.
by
name
,
that
I
did
never
kill
such
a
one
your
Father
,
or
said
any
such
thing
such
a
day
,
&c.
So
God
me
helpe
;
and
the
holy
Evangalist
.
Afterwards
the
plaintise
ought
to
sweare
in
this
manner
,
H●are
you
this
man
who
I
hold
by
the
hand
,
That
you
who
are
called
by
your
Right
name
N.
are
perjured
,
because
that
you
such
a
day
;
&c.
felloniously
killed
,
&c.
Or
said
such
words
or
did
such
athing
,
&c.
Cap.
3.
Sect
25.
The
Ordring
of
the
Combatants
.
AFter
their
Oathes
be
taken
,
it
behoveth
to
looke
that
the
parties
be
Armed
according
to
the
ancient
usage
of
what
condition
soever
they
be
,
Knighte
or
others
.
The
Auncient
usage
to
bee
Armed
in
all
Cases
of
Combate
is
this
;
The
Bodies
are
armed
without
Seme
cotu
et
baliea
;
And
the
heades
and
the
necks
and
the
hands
uncovered
,
the
backs
thyes
,
Leggs
and
Feet
armed
which
Iron
,
And
each
to
have
a
shield
of
Iron
,
and
a
staffe
●orned
of
one
Assise
The
Plaintise
commeth
into
the
List
from
the
East
,
and
the
Defendant
from
the
West
,
&
on
the
place
they
sweare
in
this
manner
.
That
they
have
not
about
them
any
Charme
,
not
deceit
,
not
have
cat
not
drunke
any
thing
whereby
the
truth
might
be
disturbed
lessined
,
and
the
Law
of
the
Divill
enhaunced
,
So
God
them
helpe
and
the
holy
Evangelists
.
Then
Proela
nation
is
made
that
none
disturbe
the
Battaile
,
and
Oyes
is
made
,
that
there
be
no
noise
upon
a
Corporall
punishment
;
And
then
they
meet
together
,
and
if
the
defendant
defend
himselfe
till
after
the
Sun
setting
,
and
demand
Judgment
of
the
default
of
the
Plaintife
,
In
that
case
,
Judgement
shall
be
given
for
the
defendant
.
And
if
any
fraud
bee
found
with
one
of
the
parties
,
as
to
be
privily
armed
,
or
there
●s
;
ound
or
other
thing
unallowable
,
and
the
fraud
be
adjudged
,
that
they
be
presently
severed
,
and
Judgment
is
present
.
ly
to
be
given
,
and
the
vanquished
is
to
acknowledge
his
offence
in
the
hearing
of
the
people
,
or
speake
the
horrible
word
of
Cravent
in
the
name
of
Cowardize
,
or
his
left
Foote
to
be
disarmed
and
uncovered
in
signe
of
the
Cowardize
,
and
that
Iudgment
be
presently
given
against
the
Principall
.
Cap.
3.
Sect.
26.
AS
to
personall
Trespas
,
in
the
Case
this
exception
lyeth
,
Sir
.
Hee
wrongfully
impleadeth
me
of
this
Trespas
,
for
the
same
man
impleaded
such
or
such
before
such
Iudges
,
in
such
a
place
of
the
same
Trespas
,
and
made
me
no
partie
to
the
suit
,
and
for
asmuch
as
that
hee
then
recovered
by
Iudgment
his
full
damages
against
them
named
in
his
plaint
,
And
this
suit
is
not
brought
against
mee
,
but
to
recover
damages
,
and
the
Law
is
,
That
a
man
shall
not
recover
double
damages
,
I
demand
Judgment
of
his
Action
.
As
to
the
Allienations
and
Occupations
of
Franchises
Reals
Appendants
to
the
Crowne
,
a
man
shall
not
vouch
therein
to
warranty
,
not
demand
the
View
,
not
prescribe
in
them
,
for
of
such
dignities
none
can
helpe
himselfe
by
a
plea
of
long
prescription
,
but
such
avowries
of
long
Continuance
,
are
accounted
rather
prescriptions
of
wrong
.
then
lawfull
exception
,
seing
nullum
tempus
occurrit
Regi
,
in
his
Franchises
,
but
therein
the
King
is
like
to
an
Enfant
who
can
loose
nothing
Although
that
for
the
personall
trespas
for
the
using
of
them
,
it
behoveth
every
one
to
Excuse
the
wrong
done
to
the
King
,
or
to
any
other
,
And
that
may
be
done
two
wayes
,
because
his
Ancester
whose
heire
he
is
,
died
seised
theref
,
And
so
that
he
hath
enjoyned
the
same
by
title
of
succession
as
a
thing
annexed
to
his
Land
.
Or
because
hee
of
whom
he
purchased
the
Land
to
which
the
Franchise
belongeth
,
was
seised
,
as
if
hee
were
the
possessor
thereof
.
But
this
exception
is
counter-pleadable
by
this
Replication
,
Sir
,
This
Anowant
cannot
recover
〈◊〉
excuse
himselfe
.
For
although
that
such
a
one
his
Ancestours
was
seised
thereof
,
yet
neverthelesse
he
could
not
grant
away
this
Franchise
,
for
the
Kings
never
granted
them
so
,
that
the
Grantees
could
assigne
them
over
,
or
make
assignes
of
them
.
CHAP.
III.
SECX
.
27.
Of
Purprestures
.
TO
Purprestures
if
the
Defendant
may
excuse
his
wrong
,
he
need
not
to
answer
thereunto
without
a
Writ
,
no
more
then
to
the
Action
of
Franchises
;
Not
of
his
own
wrong
of
Land
or
Fees
,
or
of
the
appurtenances
against
any
other
then
against
the
King
;
nor
for
the
King
but
in
his
presence
And
if
the
wrong
bee
not
originally
,
the
Plaintiffes
,
he
may
vouch
to
warranty
.
CHAP.
III.
SECT.
28.
Of
Treasure
.
TO
the
Alienation
of
Treasure
found
,
he
may
justifie
it
if
hee
bee
priviledged
or
authorized
so
to
doe
.
Or
he
may
say
;
that
he
himselfe
put
it
there
,
or
such
other
who
he
remembreth
;
whereby
no
action
accrued
to
the
King
.
CHAP.
III.
SECT.
29.
Of
Wrecks
.
TO
the
Action
of
Wrecks
he
may
Plead
,
That
the
King
hath
no
Action
for
the
same
,
because
the
yeere
is
not
yet
past
;
and
in
the
same
manner
is
it
of
Estrayes
,
and
of
all
other
things
found
.
Or
because
that
he
knoweth
to
whom
the
goods
belong
who
is
alive
.
Or
because
the
goods
were
taken
farre
in
the
sea
,
and
were
not
cast
upon
the
land
by
the
waves
of
the
sea
.
CHAP.
III.
SECT.
30.
Of
Vsery
.
TO
Usery
hee
may
Plead
,
and
sweare
that
hee
lent
his
Corne
in
Winter
,
to
receive
the
same
in
September
,
according
to
the
price
as
Corne
should
bee
sould
,
which
was
dearer
at
that
time
;
Or
hee
may
sweare
,
he
lent
his
monyes
to
receive
better
money
for
the
same
for
a
yeare
;
and
that
the
same
is
no
Usery
.
CHAP.
III.
SECT.
31.
Of
Hunting
.
TO
an
Action
of
Hunting
,
Chasing
,
or
Fishing
,
he
may
Plead
,
That
he
hath
done
no
wrong
,
for
it
is
his
right
to
Hunt
there
,
for
to
Chase
;
or
it
is
his
common
Piseary
belonging
to
his
Mannour
of
such
a
place
,
&c.
CHAP.
III.
SECT
32.
Of
Obligation
.
AS
to
Obligations
(
or
Covenants
)
he
may
Plead
,
That
notwithstanding
that
Obligation
be
his
Deed
,
neverthelesse
it
ought
not
to
binde
him
,
because
it
is
vicious
,
or
by
false
supposition
;
or
because
the
Defendant
never
saw
any
money
or
other
thing
to
the
value
;
or
it
is
by
mixture
of
offence
or
ill
faith
,
as
it
is
said
of
vicious
Contracts
.
Or
he
may
Pleada
Release
or
quit-claime
;
or
that
it
was
contracted
that
he
might
do
waste
,
or
that
he
hath
done
nothing
to
be
adjudged
waste
;
or
because
he
hath
taken
nothing
but
reasonable
est●vers
for
house-boote
or
●●yboote
,
or
he
may
claime
Fee
in
the
Tenement
by
any
lawfull
Title
.
CHAP.
III.
SECT.
33.
Of
Attaint
.
IF
any
of
the
Parties
say
,
That
the
Jurours
have
made
a
false
oath
,
or
any
Jurry
;
an
Action
of
Attaint
lyeth
,
which
is
to
be
tried
by
24
Jurours
,
so
that
every
false
witnesse
be
Attainted
by
two
Juries
.
In
which
case
it
behoveth
the
Plaintiffe
to
have
the
first
Verdict
present
under
the
Kings
Seale
,
or
of
the
party
,
or
of
the
Judge
,
and
the
parties
to
the
Plea
,
and
that
he
declare
in
what
point
they
have
made
a
false
oath
.
Or
the
Tenant
may
plead
,
That
the
Plaintiffe
ought
not
to
be
answered
to
this
attaint
,
because
the
first
Judgement
had
not
its
full
effect
;
or
because
that
the
principall
in
all
,
or
in
part
,
or
in
right
of
satisfaction
of
the
damages
remaineth
yet
to
be
barred
.
Other
Exceptions
there
are
,
as
to
the
challenge
of
the
persons
of
the
Jurours
,
as
appeareth
in
the
Chapter
following
.
CHAP.
III.
SECT.
34.
The
Ordinance
of
Attaint
.
BEcause
it
belongeth
to
the
Plaint
to
prove
his
action
,
&
to
the
affirmour
to
prove
his
affirmation
,
and
not
to
the
denyer
his
negation
;
&
that
two
credible
witnesses
according
to
the
Word
of
God
are
sufficient
for
witnesse
.
The
usage
is
,
That
the
affirmative
party
in
aide
of
the
Court
,
cause
the
neerest
credible
neighbours
to
appeare
in
witnes
,
so
that
there
bee
12
men
at
the
least
of
the
Jury
,
of
ancient
time
ordained
to
be
of
the
Assize
,
of
which
if
two
men
are
by
false
verdict
of
them
,
and
of
the
other
Jurours
;
or
if
by
good
examination
,
if
al
the
Jurours
be
not
of
one
assent
found
convenable
,
it
sufficeth
;
And
if
not
,
or
if
all
the
Jurours
say
generally
,
that
they
know
nothing
,
or
doubt
of
the
matter
,
Or
if
they
say
not
expresly
against
the
Defendant
,
or
if
they
speake
for
the
Defendant
in
such
cases
,
it
is
to
be
adjudged
against
the
Plaintiffe
,
that
hee
proveth
not
sufficiently
his
saying
.
And
although
the
Defendant
would
make
other
defence
,
he
shall
not
bee
suffered
so
to
doe
.
Against
Jurours
hold
challenges
,
as
against
witnesses
in
this
manner
.
Sir
,
this
man
is
not
a
convenable
Jurour
,
because
he
is
one
of
those
who
Endicted
me
of
a
mortall
crime
,
so
as
hee
did
as
much
as
in
him
lay
to
destroy
me
,
and
so
he
is
my
mortall
enemy
,
Or
for
other
cause
of
enmity
.
Or
because
that
he
is
Excommunicate
,
or
Endicted
,
or
Appealled
of
a
mortall
Felony
;
or
because
he
is
not
of
the
Kings
Allegiance
,
or
because
hee
was
at
another
time
Attainted
of
afalse
oath
,
or
suffered
such
corporall
punishment
for
his
offences
,
or
otherwise
,
is
infamous
.
Or
because
he
is
friend
,
cosen
,
or
allie
,
or
of
kindred
to
the
other
party
;
or
because
he
is
a
villaine
,
or
otherwise
in
custody
;
or
because
he
is
the
servant
,
or
Proctour
,
or
Tenant
of
the
adverse
party
;
Or
because
shee
is
a
woman
,
or
because
he
was
Out-lawed
,
or
because
he
was
forjured
the
Realme
,
or
because
he
procured
himselfe
to
one
of
the
Jury
,
or
because
he
is
within
age
,
or
because
he
is
a
lunatique
,
or
a
mad-man
,
and
many
other
exceptions
of
challengers
there
are
;
of
which
if
any
be
denied
,
the
challenge
is
to
be
tryed
by
the
Jurours
,
and
according
to
the
tryall
,
the
Jurour
shall
be
admitted
or
refused
And
if
no
Jury
once
appeare
for
want
of
Jurours
,
he
may
have
another
.
CHAP.
III.
SECT.
35.
Of
Oathes
.
OAthes
differ
many
wayes
;
The
chiefe
Oath
is
that
of
Fealty
,
which
is
incident
to
every
Homage
issuing
out
of
Land
,
And
sometimes
there
is
the
oath
of
Fealty
,
of
resients
and
dwellers
in
other
Mannours
,
and
sometimes
remaining
in
others
service
.
The
oath
of
Allegiance
was
in
these
words
.
I
will
beare
faith
to
such
a
King
of
life
and
member
,
and
Terren
honour
,
against
all
those
that
from
this
day
forward
,
shall
,
&c.
So
God
me
helpe
,
and
his
holy
Evangelist
.
CHAP.
III.
SECT.
36.
Homage
.
HOmage
is
done
in
these
words
.
I
become
your
man
for
such
Land
;
so
that
the
whose
quantity
be
shewed
,
and
certainty
specified
;
whereby
the
Lord
well
knoweth
both
how
he
may
warrant
his
Tenant
,
and
for
how
much
he
bindeth
his
Land
to
warranti
;
and
that
the
Tenant
know
for
how
much
he
is
his
Tenant
.
Cap.
3
Sect.
37.
Fealty
annexed
to
Homage
.
THe
Oath
of
Fealty
annexed
to
Hem
●iage
is
in
these
words
I
shall
beare
Fealty
to
him
by
name
of
life
and
Member
,
&c.
for
so
much
as
I
shall
be
his
Tenant
against
all
,
&c.
saving
the
Oath
of
Fealty
which
I
have
made
to
such
a
King
,
&c
:
And
if
I
sweare
Fealty
to
another
then
to
the
King
,
then
thus
,
saving
the
Faith
which
I
●wore
to
the
King
,
and
to
my
other
Lords
,
And
if
the
Homage
be
done
to
the
King
or
to
another
to
whom
the
Tenant
hath
before
sworne
Fealty
in
these
Cases
,
Hee
needeth
not
sweare
Fealty
againe
,
if
the
Alliance
in
no
case
hath
bin
broken
.
Chap.
3
Sect.
38.
common
Oathes
.
COmmon
Oathes
are
in
these
words
,
I
will
speake
truth
in
what
you
aske
of
mee
in
such
a
Case
;
So
God
mee
helpe
,
&c.
The
Oathes
in
Assises
are
in
these
words
.
I
will
speake
the
truth
of
the
Land
of
which
I
have
had
the
view
by
Authority
of
this
Assise
,
or
of
the
Land
of
which
this
Action
of
Reddisseision
is
arraigned
,
or
of
the
Pasture
,
or
Feeor
of
the
Nusance
,
or
of
the
Walt
,
or
of
the
Ditch
,
or
of
the
Peel
,
or
of
the
Water
,
or
of
the
Church
,
or
of
the
Rent
or
of
the
service
,
and
nothing
shall
hinder
me
that
I
shall
not
speak
the
truth
,
&c.
Of
Life
and
Member
and
Terren
Hanour
,
he
will
doe
so
much
that
he
will
never
assent
that
the
King
or
his
other
Lord
have
damage
of
his
life
,
or
any
of
his
Members
,
nor
will
assent
that
his
honour
shall
be
overthrowne
in
power
,
not
fame
.
Cap.
3.
Sect.
39.
Of
sinall
Accoràs
.
NO
Law
forbiddeth
Pleas
,
nor
Accords
,
wherefore
it
is
lawfull
for
overy
one
to
agree
with
his
adversarie
,
and
to
relcase
and
quit
claime
his
Right
,
and
his
Action
.
Neverthelesse
after
one
bath
once
affirmed
and
brought
his
person
all
Action
whereby
scandall
ariseth
,
none
can
agree
it
without
the
leave
of
the
Iudge
,
so
as
he
may
withdraw
it
For
every
Plaintife
in
Actions
of
Scandall
who
attainteth
not
his
Adversarie
according
to
that
as
hee
bath
brought
,
his
plaint
is
adjudged
scandalous
,
as
his
adversarie
should
be
if
he
were
attainted
.
Neverthelesse
in
favour
to
save
a
man
from
death
,
who
is
not
attainted
of
mortall
Offences
,
it
is
suffered
that
the
Adverse
parties
doe
agree
,
After
Battaile
waged
one
of
the
parties
neverthelesse
remaineth
infamous
.
None
can
accord
or
agree
,
who
is
〈◊〉
of
the
Age
of
21.
yeares
,
nor
any
who
is
in
custody
,
nor
any
by
Attorney
.
In
custody
are
villanies
,
married
women
,
men
professed
in
Religion
,
Infants
within
the
age
of
14
years
,
heirs
Idiots
,
heirs
deafe
and
dumbe
,
heirs
deseased
,
and
those
who
are
in
prison
,
and
under
Bayle
,
and
women
who
are
in
the
custody
of
the
Lords
,
who
have
the
marriage
of
them
.
CHAP.
IIII.
The
Contents
.
-
OF
Iudgment
.
-
Odinance
of
Iudgment
.
-
Of
Iurisdiction
.
-
Of
Paul
.
▪
s
punishable
.
-
Of
Defaults
.
-
Of
Personall
Actions
.
-
Of
Defaults
in
reall
Actions
.
-
Of
Actions
mixt
.
-
Of
Pledge
and
Maynpernors
.
-
Of
Defaults
after
sommons
.
-
Of
Champions
.
-
Of
Paynes
.
-
Of
Imfamies
.
-
Of
Majests.
-
Of
Burning
.
-
Of
Murdur
.
-
Of
Paines
in
divers
manners
.
-
Of
false
Justices
.
-
Of
Perjury
.
-
Of
the
Offices
of
Iuctices
in
Eyre
.
-
Of
the
Articles
in
Eyre
.
-
Of
Prauchises
.
-
Of
Satisfaction
of
Debts
.
-
Cases
of
Disseisin
.
-
Of
Amercoments
.
-
Of
Amercements
taxable
.
-
Of
the
Office
rf
Iustices
in
Eyre
.
CHAP.
IIII
SECT
1.
Of
Iudgment
.
THe
flower
,
and
necessity
of
Law
doth
depend
in
righteous
judgment
,
without
which
the
Law
can
have
no
effect
,
nor
any
due
end
.
And
therefore
it
is
fitte
speake
of
judgments
,
which
are
not
in
all
points
here
according
to
therigour
in
the
old
Testament
,
and
the
usages
used
by
Moses
and
the
Prophets
,
before
the
Incarnation
of
Christ
,
but
they
are
mittigated
to
the
temper
of
mercy
of
the
truth
,
and
of
the
justice
which
Christ
himselve
used
upon
the
earth
,
and
commanded
to
be
used
in
the
new
Testament
,
and
which
the
Apostles
and
their
successours
have
used
since
the
Incarnation
of
Christ
,
and
according
to
the
judgements
of
the
ancient
usages
in
Pleas
,
touching
the
Lawes
of
this
Realine
.
CHAP.
IIII.
SECT.
2.
The
Ordinance
of
Judgement
.
IUdgement
commeth
from
jurisdiction
,
which
is
the
greatest
dignity
which
belongeth
to
the
King
.
And
there
are
two
kindes
of
junisdiction
,
Ordinary
,
and
Assigned
.
Every
one
hath
ordinary
jurisdiction
,
if
offence
take
it
not
away
from
him
;
for
every
one
may
judge
his
owne
according
to
the
righte
rules
of
Law
,
But
this
jurisdiction
is
now
restrained
by
the
power
of
Kings
,
in
as
much
as
none
hath
power
to
held
Plea
of
Trespasse
or
of
Debt
which
passeth
40
s.
but
the
King
.
Nor
anie
hath
power
of
Counsins
of
Fees
without
a
Writ
.
Neverthelesse
,
it
is
lawfull
for
every
one
to
f.
oust
the
mortall
offender
,
for
committing
of
their
offences
by
good
witnesses
,
by
warrant
of
ordinary
jurisdiction
,
whether
the
offenders
bee
Clerks
or
Lay
people
,
of
age
,
or
within
age
,
and
all
others
of
what
condition
so
ever
they
be
;
and
in
those
coses
are
those
offences
called
notorious
offences
.
There
are
two
kindes
of
notorious
,
nototious
in
fait
,
and
notorious
in
right
.
Notorious
in
fait
is
,
where
no
contradiction
lyeth
,
nor
no
oathes
need
to
justisie
them
,
by
reason
of
the
witnesse
of
the
people
.
Notorious
of
Right
,
is
where
the
offenders
are
attainted
of
their
offences
by
themselves
,
or
by
the
oathes
of
witnesses
,
or
otherwise
in
judgement
.
This
jurisdiction
assigned
i●
that
which
the
King
assignes
by
his
Commissions
of
his
Writs
;
for
without
a
Writ
he
cannot
by
Law
grant
any
jurisdiction
,
if
not
in
the
presence
,
and
with
the
assent
of
the
parties
.
None
can
give
jurisdiction
but
the
King
,
&
the
reason
is
,
because
he
is
not
sufficient
to
beare
without
helpe
the
charge
which
belongeth
to
him
to
punish
the
Trespasses
,
and
to
assoile
the
offenders
which
hee
hath
to
governe
.
And
so
our
Ancestours
appointed
a
Seale
and
a
Chancellour
to
helpe
the
same
,
to
give
Writs
remediall
to
all
Plaintiffes
without
delay
.
That
Writs
used
to
be
of
this
Assize
,
They
were
without
raysure
,
without
enterlyning
,
without
blots
,
without
usuall
transposition
,
and
without
every
fault
in
the
parchment
and
letters
,
and
written
in
English
with
a
knowne
hand
,
by
a
Clerke
of
the
Chancery
and
used
to
containe
the
name
of
the
parties
and
the
substance
of
the
Plaintiffe
,
and
the
name
of
the
Judge
,
and
of
the
King
,
or
other
Teste
of
the
Writ
,
which
sometimes
were
directed
to
the
Lord
of
the
Fee
,
sometimes
to
the
Bayliffes
,
sometimes
to
the
Justices
in
Eyre
,
sometimes
to
certaine
persons
named
,
and
sometimes
to
persons
not
named
,
as
to
Bayliffes
,
Justices
,
and
Sheriffes
.
And
every
Plaintiffe
used
to
have
a
Commission
to
his
Judge
,
by
the
Writ
Patent
aforesaid
.
And
now
may
Justices
,
Sheriffs
,
and
their
Clerks
forge
Writs
,
thorough
draw
loose
amend
or
empaire
them
,
without
any
prosecuting
or
punishment
,
because
the
Writ
are
made
close
through
abuse
of
the
Law
.
By
that
Seale
only
is
jurisdiction
grantable
to
all
Plaintiffes
without
difficulty
,
and
the
Chancellour
is
chargeable
by
his
oath
of
allegiance
to
make
such
Writs
,
and
that
hee
do
not
delay
or
deny
justice
,
nor
a
remediall
Writ
to
any
one
.
CHAP.
IIII.
SECT.
4.
Jurisdiction
is
a
power
to
declare
the
Law
.
THat
power
God
gave
to
Moses
,
and
that
power
they
have
now
,
who
hold
his
place
upon
earth
,
as
the
Pope
,
and
the
Emperour
,
and
under
them
the
King
now
hath
this
power
in
his
Realme
.
The
King
by
reason
of
his
dignity
,
maketh
his
Justices
in
divers
degrees
,
and
appoin●eth
to
them
jurisdiction
,
and
that
in
divers
manners
,
sometimes
certaine
,
especially
,
as
in
Commissions
of
lesse
Assizes
;
sometimes
in
certaine
generally
,
as
it
is
of
Commissions
of
Justices
in
Eyre
,
and
of
the
Chiese
Justices
of
Pleas
before
the
king
,
and
of
Justices
of
the
Bench
,
to
whom
jurisdiction
is
given
to
heare
and
determine
Fines
not
determined
,
the
grand
Assizes
,
the
transations
of
Pleas
,
and
the
rights
of
the
King
and
of
the
Queen
,
and
of
his
Fees
,
and
the
words
of
the
Kings
Writs
,
whether
they
be
named
generally
,
or
specially
.
Besides
,
the
Barons
of
the
Exchequer
have
Jurisdiction
over
receivers
,
and
the
Kings
Bayliffes
,
and
of
Alienations
of
Lands
and
rights
belonging
to
the
King
,
and
to
the
right
of
his
Crowne
.
Sometimes
jurisdiction
is
given
to
Sheriffes
for
the
defaults
of
others
,
as
appeareth
in
the
Writ
of
Right
;
where
it
is
sayd
,
That
if
he
do
not
right
,
that
the
Sheriffe
of
the
County
shall
do
it
.
Sometimes
to
those
who
have
the
Returne
of
Writs
Returnables
.
Sometimes
jurisdiction
is
given
to
the
Justices
of
the
Beach
by
removing
of
the
Pleas
out
of
the
Counties
,
before
the
sayd
Justices
,
and
sometimes
to
Record
the
Pleas
holden
in
meane
Courts
without
Writs
,
before
the
same
Justices
of
the
Bench
:
But
as
those
Records
ought
not
to
availe
the
Plaintiffes
,
if
not
after
judgement
given
,
that
the
Pleers
be
Returnable
untill
after
their
judgements
.
And
as
the
Pleas
moved
upon
the
Writs
are
to
be
remanded
into
the
Lords
Courts
,
where
the
Lords
have
not
failed
to
do
right
.
In
like
manner
are
the
Pleas
removed
by
Pone
returnable
in
the
Counties
,
in
case
where
the
parties
never
appeared
in
Court
for
to
Plead
.
To
the
office
of
chiefe
Justices
,
it
belongeth
to
redresle
and
punish
the
tortious
judgements
,
and
the
wrongs
and
the
errours
of
other
Justices
,
and
by
Writ
to
cause
to
come
before
the
King
,
the
proceedings
and
the
Records
,
with
the
originall
Writs
,
and
before
such
Justices
are
all
Letters
Pleadable
returnable
,
and
to
be
ended
,
wherein
mention
is
made
before
the
King
himselfe
;
and
the
Writs
not
Pleadable
,
nor
Returnable
before
the
King
,
are
returnable
into
the
Chancery
.
And
also
it
belongeth
to
their
office
,
to
heare
and
determine
all
plaints
made
of
personall
wrongs
,
within
twelve
myles
of
the
Kings
house
,
and
to
deliver
Goals
and
the
prisoners
from
thence
,
who
are
to
be
delivered
,
and
to
determine
whatsoever
is
determinable
by
Justices
in
Eyre
more
o●
lesse
,
according
to
the
nature
of
their
commission
.
On
the
other
side
,
there
is
a
kinde
of
jurisdiction
which
is
called
Arbitrary
,
which
is
not
ordinary
,
nor
assigned
,
as
is
such
which
is
by
the
assent
of
the
parties
.
Of
Jurisdiction
commeth
Judgement
,
which
hath
many
significations
:
In
the
one
,
judgement
is
as
much
to
say
as
absolutions
from
offence
;
In
another
sence
,
as
sentence
,
which
sometimes
soundeth
well
,
as
of
discharge
or
acquittance
from
punishment
,
and
sometimes
ill
,
as
Excomengment
:
and
in
another
sence
,
as
the
end
of
the
Plea
,
and
the
end
of
jurisdiction
.
Jurisdiction
assigned
may
be
for
a
time
,
or
for
ever
.
For
a
time
,
as
in
some
exception
dilatory
,
where
the
Action
reviveth
;
for
ever
,
as
by
a
definitive
sentence
upon
the
Action
.
Judgements
vary
according
to
the
difference
of
offences
.
In
like
offences
,
neverthelesse
there
are
the
like
Judgements
.
For
the
mortall
offences
according
to
the
warrant
of
the
old
Testament
,
were
assoiled
by
death
;
For
in
the
old
Testament
it
is
found
,
That
God
commanded
Moses
,
that
he
should
not
suffer
Felons
to
live
.
But
before
,
more
is
to
be
spoken
of
punishments
,
it
is
to
see
by
what
introduction
offenders
and
contumacious
persons
are
compellable
to
appeare
in
Court
,
and
by
what
judgments
.
CHAP.
IIII.
SECT.
4.
Defaults
punishable
.
DEfaults
are
punishable
many
wayes
.
In
appeals
of
Felony
they
are
punishable
by
Outlawry
;
which
judgement
is
such
,
that
after
that
any
one
hath
been
solemnly
called
,
and
demanded
to
appeare
to
the
Kings
peace
at
three
severall
Counties
for
felony
,
and
he
commeth
not
,
that
from
thence
forward
hee
is
holden
for
a
Woolfe
,
and
is
called
Wolfshead
,
because
the
Woolfe
is
a
beast
hated
of
all
people
;
and
from
thence
forward
it
is
lawfull
for
any
one
to
kill
him
;
as
it
is
a
Woolfe
whereof
the
custome
was
to
bring
the
heads
to
the
chiefe
place
of
the
County
,
or
of
the
Franchise
,
and
according
to
Law
,
for
every
head
of
an
Outlaw
,
to
have
halfe
a
marke
,
and
such
Fugitives
,
Outlawes
,
forfeited
for
their
contempts
,
the
Realm
,
Countrey
,
friends
,
and
whatsoever
belonged
to
the
peace
,
and
all
manner
of
rights
which
they
ever
had
,
or
could
have
by
any
Title
,
not
only
as
to
themselves
,
but
to
their
heires
for
ever
.
Also
,
all
confederations
of
Homages
,
of
alliance
,
of
affinity
,
of
service
,
of
oathes
,
and
all
maner
of
obligations
betwixt
the
Outlawes
and
others
were
broken
,
severed
,
and
defeated
by
such
judgement
.
And
all
manner
of
Grants
,
Rents
,
and
Contracts
;
and
all
manner
of
Actions
which
they
had
against
any
manner
of
persons
,
were
void
,
not
only
from
the
time
of
judgement
,
but
from
the
time
of
the
Felony
;
for
which
such
judgement
was
given
,
and
such
persons
could
never
againe
resort
to
answer
the
Felony
,
if
the
Processe
of
Outlawry
were
not
faulty
,
if
not
by
the
great
mercy
and
favour
of
the
King
;
Weomen
were
not
plevisibles
,
and
put
in
dozens
as
men
but
were
waves
.
CHAP.
IIII.
SECT.
5.
Defaults
.
IN
personall
Actions
,
venialls
,
defaules
used
to
be
punished
after
this
manner
.
The
Defendants
were
distrained
to
the
value
of
the
demand
,
&
afterwards
they
were
to
heare
their
judgements
for
their
defaults
,
and
for
default
after
default
,
judgement
was
given
for
the
Plaintiffe
.
This
usage
was
changed
in
the
time
of
King
Hen.
the
first
,
That
no
Freeman
was
not
to
be
destrained
by
his
body
for
an
action
personall
,
veniall
,
so
long
as
he
had
Lands
;
In
which
case
the
judgement
by
default
was
of
force
,
till
the
time
of
King
Hen.
the
third
.
That
the
Plaintiffe
should
recover
his
seifure
of
the
Land
,
to
hold
the
fame
in
demeasure
after
default
,
untill
due
satisfaction
was
made
,
so
as
the
defaults
were
more
hurtfull
to
persons
in
contempt
,
then
profitable
.
Some
Actions
are
personalls
,
and
not
mixt
in
the
introduction
,
as
of
Neistie
of
Acccompt
;
of
leading
away
distresses
:
and
some
actions
there
are
,
that
although
they
savour
of
the
personalty
and
realty
,
yet
they
hold
not
the
rules
of
those
actions
:
As
of
Recognitions
of
Assizes
,
in
which
if
the
Tenants
make
defaults
,
for
that
there
is
no
distresse
nor
seisure
of
the
Land
,
or
other
thing
in
the
Kings
hands
,
but
the
Recognitions
are
to
be
taken
ex
officio
,
and
the
Judgements
are
to
be
pronounced
according
to
the
Verdict
of
the
Jurours
,
in
respect
of
such
defaults
.
CHAP.
IIII.
SECT.
6.
Of
Personall
Action
.
IN
personall
Actions
,
venialls
,
where
the
Defendants
are
not
Freeholders
,
the
defendants
used
to
be
punished
after
this
manner
.
First
,
Processe
was
to
bee
awarded
to
arrest
their
bodies
,
and
those
who
were
not
found
,
were
put
in
exigent
in
what
Court
so
ever
the
Plea
was
,
and
were
at
three
Courts
solemnly
demanded
and
proclaimed
;
and
if
they
appeared
not
at
the
fourth
Court
,
then
were
they
banished
the
Lords
jurisdiction
,
or
the
Bayliffes
of
the
Court
for
a
time
,
or
for
ever
,
according
to
the
quantity
of
the
Trelpasses
.
CHAP.
IIII.
SECT.
7.
Defaults
in
reall
Actions
.
THe
defaults
in
reall
Actions
are
punishable
in
this
manner
.
At
the
first
default
the
plaintife
is
there
seized
to
the
value
of
the
demand
into
the
hand
of
the
Lord
of
the
Court
,
and
the
Tenants
are
sommonable
to
heare
their
Iudgments
of
defaults
;
Or
after
appearance
,
the
seisure
is
to
be
adjudged
to
the
Plaintifes
,
to
hould
in
the
name
of
a
distresse
,
untill
by
lawfull
judgment
hee
be
ousted
thereof
.
And
if
any
one
appeare
in
Court
,
first
he
is
to
plenise
the
thing
in
demand
,
and
presently
to
answer
the
default
;
In
which
case
hee
may
deny
the
Summons
,
because
hee
was
never
Summoned
,
or
not
reasonably
Summoned
,
and
thereof
he
may
wage
his
Lawyer
against
the
Testimoney
of
the
Summoners
,
although
they
be
present
,
and
if
he
wage
his
Lawyer
,
he
is
presently
to
plead
to
the
Action
,
or
to
the
plaintife
.
CHAP.
IIII.
SECT.
8.
Of
Actions
Mi●t
.
THe
defaults
of
mixt
actions
are
punishable
in
this
manner
,
The
defendants
are
distrainable
by
all
their
moveable
Goods
and
Lands
,
saving
that
they
are
not
put
out
of
that
possession
from
Court
to
Court
,
till
they
apeare
and
Answere
,
and
the
issues
come
to
the
profits
of
the
Lords
of
the
Courts
.
CHAP.
IIII.
SECT.
9.
Of
Pledge
and
Mainpernor
.
PLedges
and
Mainpernors
are
of
one
signification
,
notwithstanding
that
they
differ
in
names
;
But
Pledges
are
these
,
who
baile
other
things
then
the
Body
of
Men
,
as
in
Reall
Actions
and
Mixt
Mainpernors
are
in
personall
Actions
,
only
those
w●●
bayle
the
Body
of
a
Man
;
safe
Pledges
are
those
who
are
sufficient
to
answere
the
demand
,
or
the
value
,
and
are
true
men
,
and
Freeholders
to
whom
the
Plaintife
is
,
and
in
whose
Court
the
Plea
is
brought
;
and
if
any
one
bring
the
Body
or
his
Fees
by
default
,
he
is
sufficient
punished
,
though
hee
bee
not
amerced
,
but
then
the
Offendor
is
first
amerceable
,
when
he
is
brought
to
judgement
,
and
cannot
excuse
his
wrong
or
save
his
default
.
And
as
none
who
commeth
before
Summons
is
amecreable
,
so
no
Plaintife
is
amerceable
,
or
his
pledges
,
de
prosequendo
for
Nonsuit
,
where
the
Tenant
appeareth
according
to
the
warrant
of
the
Summons
;
or
other
wise
maketh
satisfaction
for
the
same
.
As
in
Case
where
the
King
Commands
the
Sheriffe
,
that
hee
command
such
a
one
to
appeare
or
to
doe
;
and
if
he
do
not
;
and
the
Plaintifes
put
in
sureties
to
prosecute
his
suit
,
then
that
he
summon
or
attach
the
defendant
,
&c.
In
which
case
if
the
Sheriffe
had
not
warned
the
Tenant
to
appeare
or
to
do
according
to
the
points
of
the
Warrant
,
if
he
take
surety
of
the
Plaintife
to
prosecute
,
hee
doth
him
wrong
:
But
the
Plaintifes
and
their
pledges
are
to
bee
amerced
,
when
the
defendants
offer
themselves
in
judgment
against
them
!
and
they
make
defaults
by
Nonsuit
.
And
also
those
Sheriffs
do
wrong
who
forbeare
to
execute
the
Kings
Commands
in
as
much
as
the
Plaintifes
have
found
sureties
to
prosecute
their
Plaints
when
no
mention
is
made
in
the
Writts
to
put
in
sureties
.
CHAP.
IIII.
SECT.
10.
Defaults
after
summons
.
AS
there
is
a
default
of
persons
,
in
the
like
manner
there
are
of
things
;
As
of
services
issuing
out
of
Lands
where
the
Lands
are
in
service
;
and
wherenot
:
If
Rent
,
Suit
,
or
other
service
bee
behinde
to
the
Lord
of
the
Fee
,
The
Tenant
is
not
distraineable
for
the
same
by
his
moveable
goods
,
but
it
behoveth
to
sommon
the
Tenants
to
save
their
defaults
,
or
to
make
satisfaction
,
or
to
answere
wherefore
those
services
due
out
of
their
possessions
are
behinde
to
the
Lords
,
and
if
they
appeare
not
at
the
Sommon
by
the
a
ward
of
the
suitors
,
their
Lands
are
to
be
seised
into
the
Lords
hands
,
til
they
justify
themselves
by
pledges
.
And
if
they
be
againe
summoned
,
to
heare
the
Iudgments
for
their
defaults
;
Although
they
come
not
at
the
second
Summon
,
they
are
not
to
bee
amerced
,
in
as
much
as
they
came
,
they
may
render
the
Land
,
or
alledge
a
priviledge
,
or
say
something
why
they
ought
not
to
obey
the
Summons
.
And
if
the
Lord
have
not
a
proper
Court
,
nor
suitors
,
or
hath
not
power
to
do
Iustice
to
his
Tenants
in
manner
as
aforesaid
;
Then
the
same
may
bee
done
in
the
County
or
Hundred
,
or
elce
in
the
Kings
Courts
;
Or
at
first
by
a
Writ
of
Customes
and
Services
,
and
other
Remediall
Writts
.
And
if
any
one
hath
not
any
thing
to
acquit
himself
,
the
Lord
is
not
to
loose
his
Right
,
although
hee
be
delayed
thereof
,
but
the
Lord
may
seize
his
Land
as
before
is
said
,
and
the
Tenant
is
to
recover
his
damages
where
he
can
,
and
it
shall
be
accounted
his
follie
to
enter
or
remaine
in
another
Fee
,
without
the
consent
of
the
Lord
.
And
if
any
one
oust
him
of
his
Land
,
and
of
his
Tenement
,
&
enforceth
another
person
to
hould
of
him
,
and
maketh
himselfe
mesne
betwixt
the
Lord
and
the
Tenant
,
in
prejudice
of
the
Lord
,
in
such
a
case
,
the
law
is
used
to
hould
the
course
after
said
.
CAP.
IIII.
SECT.
11.
Of
champion
.
IF
any
one
do
or
say
to
his
Lord
of
whom
he
houldeth
any
thing
,
which
turneth
to
the
hurt
of
his
body
,
or
to
his
dissinherison
or
to
his
great
dishonour
,
First
by
the
Award
of
his
Court
,
or
of
some
other
such
a
one
is
sommonable
,
if
he
be
his
Tenant
,
and
afterwards
if
he
make
default
he
is
destrainable
by
his
Land
by
the
Lord
,
till
he
appeare
,
and
if
hee
appeare
,
and
cannot
discharge
himselfe
,
by
his
wager
of
Law
,
by
12.
men
more
,
or
lesse
according
to
the
Award
of
the
Court
hee
is
to
bee
disinherited
of
the
Tenancie
which
hee
houldeth
of
the
Lord
in
such
a
manner
by
the
Judgment
of
the
Suitors
,
and
so
it
behoveth
that
the
Tenants
leave
their
Lands
,
and
that
they
come
to
the
Lords
.
And
if
any
one
denieth
his
service
which
he
ought
to
do
,
it
may
be
said
by
the
Lords
,
that
wrongfully
he
denieth
either
part
or
the
whole
,
and
that
to
his
wrong
,
and
so
further
count
of
seisin
by
his
owne
hand
,
and
that
such
is
his
right
,
&c.
as
after
shall
be
said
.
And
the
Tenant
may
choose
to
try
his
Right
by
his
owne
body
,
or
by
another
,
or
joyne
issue
upon
the
Grand
Assise
;
And
pray
Conusans
whether
hee
hath
the
better
right
to
hould
such
land
specified
,
discharged
of
such
service
,
as
he
houldeth
,
or
the
said
A.
to
have
the
same
Land
indemesure
as
he
claimeth
.
And
if
the
Defendant
will
try
his
Right
by
the
body
of
another
,
Then
yee
are
to
distinguish
.
For
if
the
Action
be
personall
,
the
Suit
need
not
be
present
;
and
if
the
Action
bee
Reall
,
and
the
Tenant
hath
his
Champion
present
;
Then
may
the
Plain●ife
offer
his
Champion
against
the
Champion
of
the
defendant
,
or
he
shalloose
his
Covenant
or
his
Writ
.
And
if
the
Defendant
have
nochampion
,
then
are
the
parties
adjournable
if
they
have
joyned
Battle
,
that
they
have
their
Champions
ready
at
the
next
Court
,
as
appeareth
in
the
case
of
Saxeling
to
whom
Hustan
was
bounded
in
a
Bond
of
10.
li.
by
a
writing
Obligatory
made
at
Rome
,
which
the
said
Hunstan
denyed
,
That
it
was
not
his
deed
,
To
which
Saxeling
by
way
of
Replication
Answered
,
That
hee
wrongfully
denyed
the
same
,
and
that
wrongfully
,
for
that
he
sealed
it
with
his
Seale
,
or
with
the
Seale
of
another
which
he
borrowed
of
him
,
such
a
day
,
such
a
yeare
,
and
at
such
a
place
,
and
that
if
he
would
deny
it
he
was
ready
to
prove
it
by
the
body
of
A.
who
saw
it
,
or
by
O.
and
C.
who
saw
the
same
,
and
if
any
hurt
come
to
them
,
he
was
ready
to
prove
the
same
by
another
,
who
could
prove
the
same
.
And
so
it
appeareth
,
that
it
is
not
needfull
to
have
present
Suit
in
such
personall
Actions
the
first
day
,
but
the
Parties
may
bee
ad●●urned
as
it
is
said
.
And
if
any
one
who
cannot
bee
a
fit
witnesse
,
or
who
is
a
Champion
bee
offered
by
one
of
the
parties
to
combate
who
was
not
named
before
to
make
the
Battle
and
the
adverse
partie
there
challenge
him
,
and
demand
Iudgement
of
the
default
,
in
such
,
such
case
the
Iudgement
is
to
be
given
against
the
profferer
.
And
if
any
ill
happen
to
any
of
their
Champions
where
by
they
cannot
combate
according
to
their
proffer
,
none
is
resceiveable
to
try
the
battle
for
him
but
only
his
eldeft
sonne
Lawfully
begotten
as
by
some
is
said
.
And
if
the
Tenants
champion
be
va●●uished
.
The
Tenant
thereby
looseth
all
Homage
and
all
Alliance
,
and
all
Oathes
of
Fealty
,
and
all
Homage
betwixt
him
and
the
Lord
,
and
the
Lord
is
to
enter
therein
and
to
hold
the
same
in
demesue
as
if
he
had
recovered
by
the
Grand
Assise
,
And
if
the
champion
of
the
Lord
be
vanquished
,
that
them
the
Iudgement
be
,
that
the
Tenant
hold
his
Land
for
ever
quit
of
the
service
in
the
demand
.
And
if
the
King
doth
any
wrong
to
any
of
his
free
men
,
who
hould
of
him
in
chiefe
,
the
same
course
is
to
be
holden
,
The
Earles
of
Parliaments
,
and
the
Commons
have
Iurisdiction
to
heare
such
causes
and
determine
them
,
because
the
King
cannot
by
himselfe
,
nor
by
his
Iustices
determine
the
Causes
nor
pronounce
their
Iudgment
,
where
the
King
is
a
partie
.
And
as
the
Lords
may
challenge
their
Tenants
of
wrong
,
Or
Injuries
done
to
them
against
the
Articles
of
their
Fealtie
,
In
the
like
manner
are
the
Lords
challengeable
of
wrongs
and
Injuries
done
by
them
to
their
Tenants
.
And
if
the
Lords
do
not
appeare
to
answer
their
Tenants
;
Then
are
the
Tenants
to
be
adjudged
that●they
doe
no
service
for
their
Lands
,
till
the
Lords
have
Answered
.
CHAP.
IIII.
SECT.
12.
Of
punishments
.
PVnishment
is
a
satisfaction
for
a
Trespasse
or
an
Offence
,
There
are
two
kinds
of
punishments
.
Voluntarie
,
and
Violent
.
Volantatie
is
that
which
bindeth
the
doer
of
his
owne
accord
,
as
it
is
in
his
Compromises
,
to
compell
the
people
to
keepe
their
Bargaines
,
But
with
such
punishments
the
Law
medleth
not
with
:
Of
violent
punishment
wherewith
the
Law
medleth
,
there
are
two
kindes
,
Corporall
,
and
Pecaniarie
.
Of
Corporall
,
some
are
Mortall
,
and
some
Veniall
,
Of
Mortall
,
some
are
by
beheading
,
some
by
drawing
,
some
by
hanging
,
some
by
burning
alive
,
some
by
falling
from
dangerous
places
,
and
otherwise
according
to
Auncient
priviledges
,
and
Vsuages
.
The
Offences
which
require
punishment
of
death
,
are
the
mortall
Offences
.
Of
Veniall
punishments
,
some
are
by
losse
of
Member
;
As
the
Fellony
of
Mayhem
in
case
of
wrong
;
Of
Member
;
some
by
the
losse
of
hand
as
it
is
of
false
Notories
,
and
of
cutters
of
Purses
with
the
Larcine
of
lesse
then
12.
d.
and
more
then
6.
d.
which
King
Rich.
changed
,
some
by
cutting
out
of
Tongues
,
as
it
used
to
be
of
false
witnesses
,
some
by
beating
,
some
by
Imprisonment
,
some
by
losse
of
all
their
moveable
goods
,
and
not
moveable
as
of
false
Iudges
,
and
it
is
of
userers
attainted
of
usury
after
their
decease
,
but
not
if
they
bee
attainted
thereof
in
their
life
,
for
then
thy
loose
but
only
their
moveables
,
because
by
pennance
and
Repentance
,
they
may
amend
and
have
Heires
.
Some
by
exile
and
abjuration
of
their
Christianity
,
or
of
the
Realme
,
of
the
Towne
,
of
the
Mannor
or
the
Land
and
their
friends
,
as
it
is
of
those
who
are
attainted
in
personall
Actions
Venialls
who
are
not
able
to
make
satisfaction
,
Some
by
Banishment
,
as
it
is
in
contempts
in
personall
Actions
,
Venialls
,
some
by
other
Corporall
paines
as
it
appeareth
after
its
place
.
And
although
one
offend
indeed
,
or
in
word
,
in
all
judgements
upon
personall
Actions
,
7.
things
are
to
bee
weighed
in
the
ballance
of
Conscience
,
that
is
to
say
,
1.
The
cause
2.
The
petson
.
3.
The
place
.
4.
The
time
.
5.
The
Quality
.
6.
The
Quantity
.
7.
The
end
.
1.
The
cause
whether
it
be
mortall
or
veniall
,
2.
The
person
,
the
plaintiffe
,
and
defendant
,
3.
The
place
whether
in
Sanctuary
,
or
not
.
4.
The
time
,
whether
in
day
or
in
the
night
,
5.
The
Quality
of
the
Trespaffe
,
6.
The
Quantity
appeareth
in
it selfe
,
7.
The
end
;
whether
the
taking
were
in
manner
of
distresse
by
a
justisiable
importment
,
Or
in
manner
of
Larine
,
By
Allienation
unjustifiable
,
CHAP.
IIII.
SECT.
13.
Of
Insamous
Persons
.
ALL
those
who
are
rightfull
attained
of
an
Offence
,
whereupon
corporall
punishment
followeth
are
infamous
.
Infamous
ar
all
those
who
offend
mortally
or
Fellouously
,
all
those
who
are
perjured
in
giving
false
witnesse
,
All
false
Iudges
,
All
false
Vsurours
,
and
all
those
who
are
attainted
of
personall
trespasses
,
to
whom
open
pennance
is
joyned
by
enjudgment
of
Law
.
Those
who
Imprison
a
Free-man
against
his
will
,
or
blemith
the
credit
of
his
Franchise
by
extortion
,
or
by
any
purchase
,
Those
who
also
bring
attaints
and
cannot
prove
the
perjury
,
whereby
honest
Iurours
are
slandered
.
And
those
who
indite
or
Appeale
a
man
who
is
innocent
of
Crime
,
blemishing
his
credit
or
wrongfull
slandering
him
of
any
personall
wrong
,
For
those
3.
Pleas
are
held
odious
,
the
one
because
the
Holy
Scripture
forbiddeth
vengance
to
men
,
but
the
punishment
of
Offendors
belongeth
to
God
;
and
God
commandeth
to
shew
mercy
,
and
that
is
against
the
Appeale
of
Felony
,
The
other
of
attainder
of
perjury
is
odious
●or
the
Corporall
punishment
which
followth
thereupon
;
The
3.
because
it
is
against
the
Law
of
Nature
;
which
will
not
that
any
man
should
be
in
slavery
to
another
Creature
.
Againe
those
who
combate
deadly
for
reward
,
who
are
vanquished
in
the
Combate
by
Judgement
berwix●
two
men
,
those
who
with-draw
themselves
from
Bartailes
when
they
have
undertaken
the
Combate
,
if
therein
they
make
default
;
those
who
keepe
Brothell-houses
of
loose
women
,
those
who
take
againe
their
Wives
after
their
finne
of
Adultery
is
knowne
to
them
,
or
keepe
those
suspected
of
that
sinner
;
those
who
are
Adulterours
,
those
who
Marry
other
Wives
leaving
the
first
,
those
who
are
El●opours
or
Ravishers
,
those
who
take
rewards
to
suffer
,
those
who
cast
out
their
Children
to
death
,
those
who
ravish
their
Cousens
,
or
Affines
,
those
who
Marry
a
Wife
within
the
yeare
after
the
death
of
their
former
Wives
,
those
who
suffer
themselves
to
be
Married
within
the
yeare
after
the
deaths
of
their
first
Husbands
,
those
and
they
who
Contract
Mart●ages
elsewhere
,
leaving
their
Wives
,
or
Husbands
,
and
those
who
too
soone
purifie
themselves
,
and
many
other
infamous
Persons
are
to
be
punished
by
Corporall
punishments
in
divers
manners
.
CHAP.
IV.
SECT.
14.
Of
Majesty
.
THe
punishment
of
the
mortall
Sin
of
Majesty
against
the
King
of
Heaven
;
Sodomy
is
by
burying
the
offenders
alive
deepe
in
the
earth
,
so
that
the
remembrance
of
them
be
forgotten
for
the
great
abomination
of
the
fact
,
it
being
such
a
sin
which
calleth
for
vengeance
from
God
,
and
which
is
more
horrible
then
the
ravishing
,
of
the
mother
;
but
this
offence
is
not
to
be
brought
before
any
Judge
by
way
of
Accusation
,
but
the
very
hearing
of
it
is
forbidden
.
The
Judgement
of
Romery
is
by
fire
,
either
to
be
burnt
or
hanged
.
The
Judgement
of
Heresie
is
foure
fold
,
one
is
Excommunication
,
another
Degradation
,
the
third
Dis-inheriting
,
the
fourth
is
Burning
to
Cinders
.
The
Judgement
of
Majesty
against
the
Earthly
King
is
by
punishment
according
to
the
Ordinance
,
and
pleasure
of
the
King
.
The
Judgement
of
falsifying
,
and
of
Treason
is
by
drawing
of
the
Parties
,
and
hanging
them
till
they
be
dead
.
CHAP.
IV.
SECT.
15.
Of
Burning
.
THe
Judgement
of
Burning
is
to
hang
untill
the
Parties
be
dead
,
which
used
to
be
by
burning
,
and
in
case
where
the
damageous
burning
is
by
encrease
of
any
combustable
matter
;
it
was
used
to
cast
them
into
the
fire
when
they
found
them
fresh
in
the
doing
of
it
.
CHAP.
IV.
SECT.
16.
Of
Murder
.
THe
Judgement
of
Murder
is
commonly
by
hanging
untill
the
Parties
be
dead
,
in
Felonies
not
notorious
,
and
in
notorious
it
is
by
beheading
the
Murderours
,
neverthelesse
we
are
to
distinguish
,
for
some
kill
men
and
offend
not
,
nor
deserve
any
punishment
;
some
are
Man-slayers
in
signification
and
not
by
name
;
and
some
are
slayers
of
themselves
.
The
first
are
Lawfull
Judges
,
who
by
a
right
Judgement
,
and
good
Conscience
kill
men
;
and
the
Ministers
,
or
Officers
who
doe
Executions
of
such
lawfull
Judgement
;
and
also
as
it
is
of
those
who
kill
without
Judgement
,
and
without
offence
,
as
it
is
of
those
who
are
without
discretion
and
kill
men
,
as
Mad-men
,
Idiots
,
Infants
within
the
age
of
seven
yeares
,
and
those
who
kill
men
in
keeping
of
the
Kings
Peace
,
and
of
those
who
kill
by
Law
,
as
of
those
Men-slayers
,
who
kill
men
in
their
mortall
offences
,
notorious
in
Fact
,
and
as
in
is
of
those
who
kill
men
in
their
owne
defence
,
who
otherwise
cannot
save
their
owne
lives
.
The
other
sort
is
of
those
who
have
a
desire
to
kill
and
cannot
,
as
it
is
of
those
who
cast
Infants
,
sicke
people
,
old
people
,
in
such
places
where
they
intend
they
shall
dye
for
want
of
helpe
,
and
as
it
is
of
those
who
so
paine
innocent
men
,
that
to
avoid
the
same
they
confesse
themselves
to
have
mortally
offended
;
those
who
Condemne
men
by
corrupt
Judgement
,
although
that
they
doe
not
directly
kill
them
;
and
as
willfull
Men-slayers
,
who
Appeale
or
Indite
innocent
Persons
of
mortall
offence
,
and
prove
not
their
Appeales
,
or
their
Indictments
;
and
although
these
used
to
be
Judged
to
death
,
neverthelesse
Ring
Hen.
the
1.
Ordained
this
mitdgation
,
that
they
be
not
Judged
to
dye
,
but
that
they
have
Corporall
punishment
;
and
of
those
who
wrongfully
Appeale
yee
are
to
distinguish
,
for
if
any
one
hath
appealed
another
so
falsly
,
that
there
was
no
colour
of
Appeale
by
Judgement
,
or
other
reasonable
proofe
,
in
such
case
he
was
to
be
adjudged
to
make
satisfaction
to
the
Party
,
and
afterwards
to
suffer
Corporall
punishment
.
King
Kannte
used
to
Judge
the
Maine-prisors
according
as
the
Principalls
when
their
Principalls
appeared
not
in
Judgement
,
but
King
Hen.
the
1.
made
this
difference
,
That
the
Ordinance
of
Kanute
should
hold
against
Maine-prisors
who
were
consenting
to
the
Fact
,
and
the
other
should
be
adjudged
against
the
Plaintiffes
,
according
to
the
example
of
the
Principalls
if
they
were
present
,
and
against
the
King
they
were
punished
with
a
pecuniary
penalty
.
The
third
Case
is
of
those
who
burne
,
hang
,
hurt
,
or
otherwise
kill
themselves
.
Againe
yee
a●e
to
distinguish
of
other
Men-slayers
,
as
of
Phifitians
,
Jurours
,
Justices
,
Witnesses
,
of
Idiots
,
Mad-men
,
and
Fugitives
;
for
Phisitians
and
Chirurgions
are
skilfull
in
their
Fac●●ties
,
and
probably
doe
lawfull
Cures
having
good
Consciences
,
so
as
nothing
faileth
to
the
Patient
which
to
their
Art
belongeth
;
if
their
Patients
dye
,
they
are
not
thereby
Men-slayers
,
or
Mayhemors
,
but
if
they
take
upon
them
a
Cure
and
have
no
knowledge
or
skill
therein
;
Or
if
they
have
knowledge
,
if
neverthelesse
they
neglect
the
Cure
,
or
minister
that
which
is
cold
for
hot
,
or
hot
for
cold
,
or
take
little
care
thereof
,
or
neglect
due
diligence
therein
,
and
especially
in
Burning
,
and
cutting
off
of
members
which
they
are
forbidden
to
doe
but
at
the
perill
of
their
Patient
;
if
their
Patients
dye
,
or
lose
their
members
,
in
such
cases
they
are
Men-slayers
or
Mayhemders
.
Judges
Iudge
men
sometimes
falsly
to
death
wittingly
,
and
sometimes
out
of
ignorance
,
in
the
first
case
they
are
Murderers
,
and
are
to
be
hanged
by
Iudgement
,
and
not
onely
those
who
gave
the
Iudgement
but
the
Accessories
,
Abbettors
,
and
those
who
hindred
not
such
Iudgement
when
they
might
have
done
it
.
Andin
the
second
place
yee
are
to
distinguish
;
for
one
mannet
of
ignorance
is
,
as
of
a
thing
known
had
nor
been
known
,
and
this
kinde
of
ignorance
doth
excuse
;
the
other
is
of
a
thing
not
knowne
which
ought
to
have
been
knowne
,
although
he
was
not
bound
to
know
it
,
and
this
excuseth
;
also
the
third
kinde
is
,
which
commeth
of
not
knowing
that
which
a
man
is
bound
to
know
,
and
this
excuseth
not
;
And
note
,
that
ignorance
in
its
selfe
is
no
offence
,
but
this
neglect
of
knowing
is
an
offence
.
The
Iudge
doth
not
offend
so
much
that
he
doth
not
make
the
Law
,
but
he
offendeth
in
foolish
undertaking
upon
him
to
Iudge
foolishly
or
falsly
.
The
fourth
kinde
of
ignorance
is
,
that
a
man
Iudgeth
of
a
thing
otherwise
then
rightfull
,
and
if
such
ignorance
come
of
the
fact
it
excuseth
,
and
of
the
Law
then
it
excuseth
nor
.
Or
thus
,
there
is
one
manner
of
ignorance
which
one
may
overcome
,
and
such
excuseth
not
;
and
there
is
another
kinde
of
ignorance
which
one
cannot
vanquish
,
and
such
excuseth
whether
it
come
by
nature
,
or
by
too
much
passion
,
or
sicknesse
,
as
of
rage
.
And
that
which
is
said
of
Iudges
is
to
be
intended
also
of
Iurours
,
and
of
Witnesses
in
cases
notorious
,
where
many
entermedle
feloniously
,
and
any
one
be
killed
,
and
there
be
no
cause
to
kill
him
;
in
case
also
where
a
childe
is
killed
by
too
much
beating
,
and
in
case
where
many
have
wounded
one
man
,
who
dyeth
of
one
sole
stroke
,
all
of
them
generally
are
adjudged
Men-slayers
for
the
apparant
evidence
of
the
fact
;
for
none
but
God
can
Iudge
the
intentions
of
those
that
gave
the
stroke
that
it
was
to
kill
,
nor
who
intermedled
therein
to
hinder
that
any
hust
were
done
,
with
a
good
intent
;
some
who
command
what
may
be
for
hurt
,
or
may
be
for
good
;
some
which
held
the
Parties
,
and
others
who
stroke
.
Againe
yee
are
to
distinguish
of
other
Men-slayers
,
as
some
kill
those
who
enter
to
doe
a
mischiefe
,
if
such
cases
be
not
notorious
their
acquittance
or
Condemnaon
is
in
the
discretion
of
the
Sutors
;
also
in
case
when
people
kill
a
man
in
defence
of
themselves
and
their
possessions
,
as
it
falleth
in
diffeisins
.
Againe
,
if
a
man
draw
another
to
fence
with
him
,
or
to
shoote
with
him
,
and
he
giveth
him
such
a
wound
as
if
he
meant
willingly
to
murder
him
,
the
same
is
not
to
be
Iudged
for
murder
,
seeing
men
cannot
Iudge
but
according
to
Facts
,
and
not
according
to
the
intents
or
thoughts
of
the
parties
hearts
,
Of
Fooles
also
yee
are
to
distinguish
,
for
all
fooles
are
accountable
Menslayers
,
as
to
have
Iudgement
;
but
only
Idiots
,
and
Infants
within
age
,
for
a
crime
cannot
be
done
,
nor
an
offence
but
through
a
corrupted
will
,
and
a
corrupt
will
cannot
be
but
where
there
is
discretion
,
and
innocency
of
Conscience
doth
save
fooles
outragious
;
and
therefore
Robert
Volround
ordained
,
That
Idiots
being
Heires
should
be
in
the
custody
of
the
King
,
for
their
Marriages
,
and
for
their
Inheritances
of
what
Mannours
or
Lords
soever
they
held
their
Lands
.
Likewise
yee
are
to
distinguish
of
Mad-men
,
for
Frantickes
and
Lunatickes
may
offend
mortally
,
and
so
they
are
to
be
accounted
and
Iudged
for
Man-slayers
,
but
not
those
who
are
Mad
continually
.
Of
Infants
also
yee
are
to
distinguish
,
of
Infants
Murderors
,
and
of
Infants
killed
;
the
Murderors
within
the
age
of
one
and
twenty
yeares
are
not
presently
to
be
Iudged
to
death
in
a
fact
not
notorious
,
before
they
be
of
full
age
.
Of
Infants
killed
yee
are
to
distinguish
,
whether
they
be
killed
in
their
Mothers
wombes
or
after
their
births
;
in
the
first
case
is
is
not
adjudged
Murder
;
for
that
none
can
judge
whether
it
be
a
Childe
before
it
be
seene
,
and
knowne
whether
it
be
a
monster
or
not
;
and
to
Infants
killed
in
the
first
yeare
of
their
age
the
Counsance
belongeth
to
the
Church
.
Of
Fugitives
,
and
of
those
Defendants
is
the
distinction
which
followeth
;
he
who
killeth
a
Fugitive
after
that
he
submiteth
himselfe
to
the
Kings
Peace
in
a
fact
not
notorious
,
he
is
to
be
adjudged
to
death
as
a
Man-slayer
,
otherwise
not
;
and
he
who
killeth
a
man
defending
himselfe
,
who
might
flye
and
avoid
the
killing
is
also
to
be
adjudged
to
death
as
a
Man-slayer
,
otherwise
not
.
Of
the
offences
of
Robbery
,
Larcine
,
Burglary
,
where
the
damage
exceedeth
12.
pence
where
the
offenders
are
taken
in
their
offences
,
the
offenders
are
to
be
killed
by
losing
of
their
heads
,
if
the
people
be
present
after
the
fact
and
testifie
the
felony
;
and
in
cases
not
notorious
the
Iudgement
is
to
be
hanged
till
they
be
dead
.
And
if
the
Defendant
be
a
Woman
yee
are
to
distinguish
,
whether
she
hath
a
Husband
or
nor
who
is
y●t
living
,
and
also
of
the
Action
,
whether
it
be
mortall
or
not
,
for
if
the
be
,
and
was
sole
without
a
Husband
which
she
hath
married
at
the
doore
of
the
Monastery
,
and
the
Action
be
mortall
she
shall
answer
as
a
man
doth
;
and
if
she
be
a
Feme-Covert
yee
are
to
distinguish
,
for
if
she
be
accused
of
a
mortall
Crime
as
principall
,
she
shall
answer
,
and
if
as
an
Accessory
then
yee
are
to
diflinguish
;
for
if
she
be
accused
of
consenting
to
the
felony
of
her
Husband
,
or
to
any
other
,
her
Husband
not
knowing
it
,
yet
yee
are
to
distinguish
of
the
Crime
;
os
the
offences
of
Larcine
,
of
Burglary
,
and
of
other
sinall
offences
she
may
answer
,
That
she
was
under
the
command
of
her
husband
,
and
that
she
could
not
contract
him
;
that
answer
is
peremptory
in
Latcine
,
and
if
without
the
knowledge
of
her
Husband
she
shall
answer
:
And
if
a
Woman
without
her
Husband
be
accused
to
have
been
in
the
company
of
a
Theefe
for
a
minute
,
or
a
very
small
time
,
she
may
say
,
that
she
was
not
in
his
company
but
as
his
Concubine
.
Of
mortall
Judgements
,
of
Outlawry
,
of
Abjuration
of
the
Realme
,
of
vanquished
in
Battailes
for
mortall
felony
,
and
otherwise
attainted
of
a
notorious
mortall
offence
,
or
not
notorious
,
the
offence
is
such
that
the
blood
is
corrupted
;
and
of
the
offenders
the
blood
is
extinct
in
every
discent
in
right
of
blood
,
so
that
nothing
can
descend
from
them
to
any
of
their
Heires
either
next
or
remote
by
discent
,
but
all
shall
remaine
to
the
Lords
of
the
Fee
,
from
the
time
they
committed
the
offences
,
whoever
were
Tenants
thereof
in
the
meane
time
by
what
Contracts
soever
;
and
all
Fealties
,
Contracts
,
and
Obligations
are
blotted
out
thereby
And
of
Fugitives
it
is
according
as
it
is
with
Out-lawes
,
and
their
goods
which
remaine
(
besides
what
belong
to
others
)
remaine
forfeited
to
the
King
.
And
the
like
in
remembrance
of
their
selonies
,
&
in
hatred
of
the
felons
it
is
lawfull
to
destroy
all
their
mansion
houses
,
to
erradicate
their
Gardens
,
to
cut
downe
and
wast
their
Woods
,
to
plow
up
their
Meadowes
,
or
otherwise
over
turne
them
,
which
King
Hen.
the
1.
did
moderate
at
the
request
of
the
Commons
in
this
manner
,
for
the
saving
of
the
Lands
of
mortall
felons
in
their
hands
,
of
what
Mannor
soever
they
were
holden
,
that
he
should
hold
the
same
,
and
should
take
the
profits
thereof
for
one
yeare
,
and
should
doe
wast
if
there
were
not
other
agreement
made
with
him
.
For
the
offence
of
Rape
,
the
Iudgement
was
to
be
hanged
till
he
dyed
,
without
having
regard
whether
the
Woman
ravished
were
a
maiden
or
not
,
or
without
distinguishing
of
what
condition
she
was
,
and
whether
at
the
Suit
of
the
person
,
or
at
the
Kings
Suit
;
which
offence
before
the
time
of
King
Edw.
the
second
,
was
by
burning
of
them
over
the
eyes
,
because
the
lust
came
in
by
eyes
,
and
the
heate
of
whoredome
came
from
the
reynes
of
the
eacher
.
Seaven
things
doe
stay
Judgement
of
Death
.
1
False
Iudgement
,
or
foolish
Iudgement
.
2
False
Testimony
.
3
Default
of
better
Answer
.
4
The
hast
of
the
King
.
5
A
woman
with
Childe
.
The
first
three
Cases
have
respite
by
forty
daies
,
the
fourth
by
thirty
daies
,
the
fifth
by
forty
weekes
,
or
more
if
the
Childe
be
not
borne
.
6
Want
of
discretion
,
as
it
is
of
Idiots
,
Mad-men
,
and
of
Infants
.
7
In
Poverty
,
in
which
case
yee
are
to
distinguish
of
the
poverty
of
the
offender
,
or
of
the
thing
;
for
if
poore
people
to
avoyd
famine
take
victuals
to
sustaine
their
lives
,
or
clothes
that
they
dye
not
of
cold
,
so
that
they
perish
if
they
keepe
not
themselves
from
death
,
they
are
not
to
be
adjudged
to
death
,
if
it
were
not
in
their
power
to
have
bought
their
victuals
or
clothes
,
for
as
much
as
they
are
warranted
so
to
doe
by
the
Law
of
Nature
;
and
although
the
Law
hath
no
respect
but
to
the
Soules
of
offenders
,
neverthelesse
King
Edward
limited
the
quantity
of
Robbery
and
Larcine
in
this
manner
;
that
is
to
say
,
that
none
should
be
adjudged
to
death
,
if
the
Larcine
,
or
the
stealing
,
or
the
Robbery
did
not
exceed
twelve
pence
Sterling
;
and
note
that
King
Hen.
the
1.
by
Randulph
de
Glanvile
Ordained
,
That
in
all
mortall
Actions
,
that
where
the
Action
was
encountered
with
an
affirmative
exception
,
that
the
affirmation
was
first
to
be
received
in
proofe
in
favour
of
life
,
and
thance
it
was
that
if
one
man
accused
another
of
Felony
,
and
he
plead
that
he
is
not
the
man
,
the
proofe
was
awarded
to
the
Defendant
to
convince
the
other
of
lying
,
either
by
his
body
or
otherwise
.
And
so
it
is
if
the
Defendant
say
that
he
could
not
be
at
the
doing
of
such
an
Act
,
at
the
day
,
place
,
or
yeare
named
in
the
Plaint
,
because
he
was
then
in
another
place
,
where
by
presumption
he
could
not
doe
it
,
or
that
he
could
not
be
there
present
;
Or
if
he
saith
that
the
thing
came
to
him
by
good
title
,
in
favour
of
life
the
proofe
belongeth
to
the
Defendant
peremptotily
at
his
perill
,
to
the
overthrowing
of
the
Action
,
and
the
exception
;
but
if
the
Defendant
solye
deny
the
Action
,
in
such
cases
the
proofe
belongeth
to
the
Plaintiffe
Of
Out
lawes
returned
from
exile
,
banished
men
,
and
those
who
have
forjured
the
Realme
and
returned
,
being
taken
and
kept
for
a
justifiable
offence
,
the
Iudgement
is
,
that
they
be
hanged
till
they
be
dead
.
CHAP.
IV.
SECT.
17.
Of
Punishments
in
divers
kindes
.
THe
Corporall
punishments
of
Death
being
past
,
we
are
to
come
to
Corporall
punishments
venialls
,
which
are
by
open
infamous
Penances
;
and
first
of
punishments
,
Tallions
,
or
(
like
for
like
)
which
are
in
three
Cases
,
that
is
to
say
,
in
May
hem
,
Wounding
,
and
Imprisonment
,
in
which
if
the
Pleas
be
brought
in
by
Appeales
of
Felony
for
reverge
onely
,
then
belongeth
the
Iudgement
Tallion
,
or
like
Iudgement
,
as
Mayhem
for
Mayhem
,
Wound
for
Wound
,
Imprisonment
for
Imprisonment
.
And
if
pardonable
in
forme
of
a
Trespaffe
,
then
these
Iudgements
hold
place
,
that
the
offender
make
reasonable
satisfaction
to
the
Plaintiffes
,
and
afterwards
that
they
be
adjudged
to
doe
open
Pennance
according
to
the
quantity
of
the
offence
.
Open
Pennances
are
these
;
amendments
of
High-waies
,
Cawsies
,
Bridges
,
setting
them
up
in
Pillories
,
or
Stocks
;
Imprisonment
,
and
abjuration
of
the
Realme
,
Exile
,
Banishment
,
either
from
off
the
Land
,
or
from
the
Towne
;
from
entring
into
such
a
place
,
or
from
going
out
of
such
a
place
,
by
Ransome
of
such
a
penalty
by
pecuniary
punishment
,
or
by
other
Fine
,
and
such
other
kindes
of
Iudgements
penals
.
And
if
the
offender
;
be
Infants
,
or
otherwise
in
custody
,
that
in
such
cases
the
Guardians
be
adjudged
to
make
satisfaction
of
the
damages
,
and
the
Guardians
to
betake
themselves
to
the
goods
of
the
Trespassours
;
but
the
open
Pennance
is
to
be
suspended
so
long
as
they
are
in
Ward
,
so
that
according
to
the
difference
of
the
offences
and
the
offenders
the
punishments
were
in
manner
as
followeth
;
and
first
of
false
Iudges
,
who
the
more
greatly
offend
for
as
much
as
they
are
in
a
higher
degree
then
other
people
.
CHAP.
IV.
SECT.
18.
Of
false
Judges
.
OF
false
Iudges
Affigned
,
King
Alfied
Ordained
such
Iudgement
,
that
the
wrong
they
doe
to
God
whose
Vicegerents
they
are
,
and
to
the
King
who
is
put
in
so
noble
a
place
as
is
the
Seate
of
God
,
and
hath
given
them
so
great
Dignity
as
to
represent
the
Person
of
God
,
and
the
Counsance
as
to
Iudge
offenders
,
that
first
they
be
adjudged
to
make
satisfaction
to
those
they
have
hurt
,
and
that
the
remainder
of
the
goods
should
be
to
the
King
,
saving
all
other
rights
,
and
all
their
Possessions
,
with
all
their
purchased
Lands
should
be
forfeited
in
whose
hands
foever
they
be
come
,
and
that
they
be
delivered
over
to
false
Lucifer
,
so
low
that
they
never
returne
to
them
againe
,
and
their
bodies
that
they
be
punished
and
banished
at
the
Kings
pleasure
,
and
for
a
mortall
false
Iudgement
that
they
be
hanged
as
other
murderers
;
And
for
Mayhem
,
Wounding
,
and
Imprisonment
,
that
they
have
like
for
like
,
and
the
same
Law
,
and
in
the
same
condition
.
The
Iudgement
of
false
Iudges
Ordinaties
is
not
in
veniall
Iudgements
so
penall
,
as
it
is
of
Iudges
Deligates
before
;
but
they
are
to
make
satisfaction
to
the
Parties
Plaintiffes
,
and
to
the
King
they
are
punishable
by
a
pecuniary
penalty
,
and
disabled
from
all
manner
of
Iurisdiction
whatsoever
;
and
in
Cases
mortall
,
and
Tallions
,
according
as
it
hath
been
said
before
of
other
Iudges
.
CHAP.
IV.
SECT.
19.
Of
Perjury
.
PF●jury
is
a
great
offence
,
of
whith
yee
are
to
distinguish
either
of
Perjury
of
false
Testimony
,
or
of
breach
of
faith
,
or
by
each
of
the
Oath
of
fealty
;
of
the
first
Perjury
yee
are
to
distinguish
either
of
Perjury
mortall
,
or
venial●
;
if
of
mortall
,
then
the
Iudgement
was
mortall
to
the
example
of
apparant
murderers
.
And
note
that
in
all
personall
Actions
there
belongeth
such
an
award
,
that
due
satisfaction
be
made
to
the
Plaintiffes
,
and
that
the
offenders
be
punished
with
corporah
paines
,
which
paines
are
to
be
bought
out
by
ransome
of
money
;
and
if
of
veniall
perjury
,
then
that
they
be
banished
for
a
time
,
or
for
ever
;
and
that
their
Woods
,
Meadowes
,
Houses
,
and
Gardens
be
erradicated
according
to
the
example
of
murderers
,
saving
that
their
Heires
doe
not
remaine
dis-inherited
.
Of
the
other
Perjury
yee
are
to
distinguish
as
breach
of
faith
to
the
King
,
or
to
another
Person
,
and
if
to
the
King
yee
are
to
distinguish
whether
as
his
Tenant
or
not
;
and
if
the
Oath
of
Fealty
be
in
respect
of
Land
,
and
the
fealty
be
broken
in
any
of
the
points
,
then
lyeth
the
Processe
and
defaults
aforesaid
;
and
if
of
an
Oath
not
in
respect
of
Land
,
yee
are
to
distinguish
whether
of
the
common
Oath
of
Fealty
sworne
to
the
King
,
for
the
remaining
in
his
Fee
,
&
then
only
Corporall
punishment
holdeth
place
,
which
passeth
the
punishment
which
should
be
adjudged
to
others
not
the
Kings
Offices
,
according
to
the
Kings
pleasure
.
CHAP.
IV.
SECT.
15.
Of
the
Offices
of
Justices
in
Eyre
.
THe
Presentments
of
offences
are
Ex
officio
by
Coroners
,
by
Sheriffes
and
Bayliffes
in
Turnes
and
viewes
of
Franck-pledge
;
by
Enquests
,
and
speciall
Iustices
,
and
by
Kings
Ex
officio
,
or
by
their
Chiefe
Iustices
,
or
of
their
Iustices
generalls
;
and
because
that
the
one
have
not
power
to
determine
the
presentments
of
such
offences
,
nor
to
punish
the
Trespasses
,
and
the
other
who
can
will
not
,
or
doe
not
that
duty
which
of
right
they
may
doe
;
or
punish
the
innocent
,
and
spare
the
guilty
.
It
was
anciently
Ordained
that
the
Kings
by
themselves
,
or
by
their
Chiefe
iustices
,
or
by
generall
Iustices
to
heare
and
determine
all
Pleas
,
should
goe
Circuit
every
seven
yeares
through
all
Shires
,
to
receive
the
Roles
of
all
Iustices
assigned
,
of
Coroners
,
of
Inquirers
of
Eschetors
,
of
Sheriffes
,
of
Hundredours
,
and
of
Bayliffes
,
and
of
all
Stewards
,
of
all
their
Iudgements
,
Enquests
,
Presentments
,
and
all
their
Offices
,
and
to
examine
those
Roles
whether
any
had
erred
therein
,
either
in
the
Law
,
or
to
the
damage
of
the
King
,
or
to
the
grievance
of
the
people
;
and
those
things
which
they
found
not
determined
that
they
should
determine
them
,
and
in
the
Eyre
they
should
redresse
the
Officers
,
and
punish
the
negligence
of
them
according
to
the
Rules
of
Law
,
and
that
they
should
enquire
of
all
offences
which
belonged
to
the
Kings
Suit
,
and
to
his
Iurisdiction
.
And
note
,
that
notwithstanding
the
King
had
the
Suits
of
all
mortall
offences
,
and
of
wrongs
done
to
the
Law
,
and
to
the
right
of
his
Crowne
,
it
is
not
thereby
to
be
understood
that
he
should
have
the
Suit
of
all
offences
;
but
if
any
one
be
Plaintiffe
and
doth
not
proceed
in
his
Suit
after
the
same
is
affirmed
,
yee
are
to
distinguish
,
if
it
be
of
a
personall
offence
〈◊〉
it
sus●●eth
for
the
Defendants
,
for
the
Non-suit
of
the
Plaintiffe
doth
suppose
〈◊〉
of
the
damage
;
and
if
it
be
of
a
mortall
offence
yet
the
King
hath
nor
the
〈…〉
warrant
of
Appeale
,
or
Indictment
,
wherein
it
behooveth
to
the
Appealees
and
Enditees
that
they
make
haste
to
acquit
themselves
,
for
none
is
bound
to
Answer
to
any
manner
of
Action
brought
by
them
,
because
they
are
barred
by
an
Exception
of
mortall
infamy
,
by
being
Appealed
or
Indicted
.
CHAP.
IV.
SECT.
21.
Of
the
Articles
in
Eyre
.
EVety
Shire
usedto
be
warned
by
forty
daies
at
the
least
,
by
generall
Summons
of
the
Kings
comming
,
where
after
the
Effoignes
adjourned
,
and
the
Assize
of
Victuals
set
,
and
the
Ordinances
proclaimed
,
and
those
of
Franchises
adjourned
,
and
the
Jurours
called
,
Sworne
,
and
Charged
with
their
Articles
;
and
the
claimers
of
Franchises
,
and
the
Rolls
of
the
Justices
,
of
Coroners
,
and
of
all
Sheriffes
,
and
of
all
other
manner
of
Pleas
,
and
Presentments
after
the
last
Eyre
taken
and
received
;
the
first
thing
was
to
enquire
,
heare
,
and
determine
the
Articles
presented
and
brought
in
the
last
Eyre
which
were
not
ended
,
and
afterwards
to
determine
Writs
and
Plaints
,
to
deliver
Visnes
,
to
examine
the
Rolls
,
to
redresse
the
errouts
,
and
all
other
wrongs
by
right
Judgements
,
without
respect
unto
any
person
.
All
the
Judges
Ordinaries
,
and
Assigned
Sheriffes
,
Bayliffes
,
and
Stewards
of
Lords
of
Mannours
,
and
all
other
who
claimed
Iurisdiction
which
any
one
could
attaint
of
any
wrong
done
against
the
right
rules
of
Law
,
were
condemned
for
the
wrongfull
Iudgements
,
with
regard
to
the
distinction
of
the
Parties
grieved
.
Coroners
,
Eschetors
,
Sheriffes
,
Bayliffes
,
and
other
Ministers
doing
wrong
to
the
King
,
or
to
the
people
,
used
to
be
punished
according
to
the
example
of
the
other
,
and
further
according
to
the
Kings
pleasure
.
The
offenders
which
were
found
using
false
Scales
,
and
false
Measure
,
and
gaining
by
breaking
of
any
Assize
,
either
of
Bread
,
Wine
,
Ale
,
Cloth
,
or
other
Merchandizes
used
to
be
set
in
the
Pillory
,
and
Women
in
the
Tumbrell
,
and
afterward
;
were
not
suffered
to
Merchandize
at
any
time
,
not
could
they
depart
from
the
place
or
Towne
to
any
Liberty
,
because
the
usage
was
contrary
to
Law
.
Cut-purses
taken
De
facto
in
their
notorious
sins
used
to
be
hanged
,
and
for
the
cutting
of
Purses
and
stealing
of
other
goods
under
the
value
of
twelve
pence
,
and
lesse
then
sixe
pence
one
of
their
eares
used
to
be
cut
off
without
carrying
them
to
Prison
,
or
before
any
Iudge
Assigned
,
and
to
banish
them
from
the
Towne
,
or
from
the
Mannot
for
the
second
offence
.
And
for
their
●arcine
under
the
value
of
〈◊〉
pence
they
used
to
set
them
in
the
pillory
for
the
first
offence
,
and
to
banish
them
for
the
second
.
In
the
Iudgements
of
Personall
Trespasses
,
venialls
,
as
to
the
taxing
of
the
damages
put
in
plaints
,
Martin
De
Pateshall
used
this
course
,
the
Judge
used
to
enquire
ex
officio
of
the
Iurours
,
by
whom
any
principall
Trespasse
was
adjudged
before
him
,
the
names
of
all
these
who
were
guilty
in
the
first
degree
,
and
of
the
Accessories
,
and
therein
he
proceeded
to
Iudge
the
damages
according
to
the
number
of
the
Endictors
,
so
that
no
Plaintiffe
should
recover
no
more
entire
damages
by
plurality
of
Plaints
for
one
sole
trespasse
against
the
Trespassours
severally
.
CHAP.
IV.
SECT.
22.
Of
Franchises
.
OF
Franchises
note
,
that
because
the
King
doth
not
hold
his
Rights
and
Dignities
of
his
Crowne
but
as
an
Infant
,
nor
a
grant
from
him
of
any
franchises
is
so
established
that
Kings
cannot
repeale
them
againe
,
so
as
he
give
satisfaction
to
the
value
as
by
warranty
;
and
it
is
lawfull
for
every
one
who
findeth
himselfe
grieved
to
Sue
for
the
King
,
to
seize
every
Franchise
forfeited
for
contumacy
;
as
if
the
Bayliffe
of
a
Franchise
doe
not
execution
of
the
returne
of
the
Sheriffe
according
to
the
Command
of
the
King
,
by
any
abuse
,
as
by
using
his
fr●nchife
too
largely
,
or
not
duely
;
by
a
Writ
ensuing
,
it
is
commanded
that
the
Sheriffe
enter
into
the
Franchise
,
and
the
King
doth
recover
the
seisin
thereof
,
and
so
the
same
becomes
guildable
which
was
before
a
Franchise
.
And
all
those
used
to
forfeit
the
Franchise
of
keeping
of
a
Goale
in
Fee
,
who
by
title
of
Franchise
of
Infangthiese
,
or
of
return
of
Writ
;
hurted
not
without
delay
,
the
Persons
taken
in
the
places
within
the
Franchise
for
Felony
done
in
Guildables
,
and
send
them
into
the
Goale
in
Guildable
,
so
that
the
King
doe
not
lose
the
Goods
and
Chattels
of
the
Felons
,
nor
his
other
rights
;
for
the
King
giveth
no
Franchise
to
his
owne
prejudice
,
nor
to
the
prejudice
of
others
,
especially
of
returne
of
Writs
,
nor
to
have
the
custody
of
a
Goale
.
An
example
may
be
as
betwixt
two
Neighbours
in
a
Franchise
,
the
one
cannot
keepe
a
Prison
to
the
prejudice
of
the
King
,
and
if
he
doe
he
forfeiteth
the
Franchise
.
And
it
also
appeareth
,
that
Iurours
came
out
of
Franchises
before
the
King
and
his
Commissioners
to
Guildable
and
elsewhere
at
his
command
,
as
well
upon
criminall
Actions
as
upon
realls
.
And
if
any
one
receive
a
Felon
wittingly
into
his
Franchise
,
the
same
is
now
challengable
.
CHAP.
IV.
SECT.
17.
Of
satisfaction
of
Debt
.
IF
a
Plaintiffe
recover
against
many
by
Iudgement
he
shall
have
but
once
damages
,
as
in
this
case
:
If
many
Persons
owe
one
Debt
,
and
every
one
be
bound
in
the
whole
,
if
one
of
them
make
agrement
for
the
same
,
although
he
doe
not
make
a
speciall
agreement
for
all
the
Debtors
,
all
of
them
neverthelesse
are
discharged
,
because
satisfaction
hath
respect
to
the
Debt
,
and
not
to
the
persons
.
CHAP.
IV.
SECT.
18.
Cases
of
Disseisin
.
IF
the
Iurours
in
Petit
Assizes
are
agreed
that
one
shall
give
their
common
Verdict
for
all
,
and
if
they
say
that
they
know
nothing
,
nor
that
the
Plaintiffe
shall
receive
nothing
because
he
proved
not
his
Action
;
and
if
they
be
of
divers
opinions
they
are
not
therefore
to
be
threatned
,
nor
imprisoned
;
but
they
are
to
be
severed
and
diligently
examined
.
And
if
two
Iurours
be
found
to
agree
amongst
all
the
rest
,
it
sufficeth
for
him
for
whom
they
speake
,
and
they
are
not
to
be
examined
upon
the
title
of
the
possession
,
but
it
is
sufficient
for
the
Iudge
to
know
if
the
Plaintiffe
were
disseised
of
his
Land
,
whether
it
were
rightfull
or
wrongfull
according
to
the
Plaint
;
for
though
it
were
right
,
neverthelesse
it
was
tortious
,
because
the
Tenant
used
force
where
he
should
have
used
Iudgement
,
and
for
that
he
made
himselfe
a
Iudge
therein
.
Iudgement
is
to
be
given
for
the
Plaintiffe
,
so
as
he
shall
recover
seisin
,
such
as
it
is
,
saving
every
right
by
another
Writ
;
for
an
Affize
lyeth
not
upon
Assize
of
the
same
Tenement
,
betwixt
the
same
parties
,
not
an
Attaint
upon
an
Attaint
;
and
if
the
Iurours
for
him
,
whether
they
were
sworn
upon
the
Action
,
or
upon
the
Exceptions
,
Iudgement
goes
for
him
,
and
they
behoove
to
enquire
of
the
others
named
in
the
Writ
,
and
if
the
Disseisors
came
in
with
force
and
Armes
,
although
they
hurt
no
persons
body
,
all
of
them
neverthelesse
are
to
be
adjudged
to
Corporall
punishment
,
according
to
the
quantity
of
the
offence
;
and
if
they
cast
him
our
of
his
dwelling
house
,
or
out
of
his
Demesne
,
the
felony
of
this
Burglary
is
punishable
at
the
Kings
Suit
,
or
at
the
Suit
of
the
Party
,
for
none
is
to
be
cast
out
of
his
house
where
he
dwelleth
,
and
which
he
hath
used
as
his
owne
for
a
yeare
without
Iudgement
,
although
he
hath
no
title
thereunto
but
by
Disseisin
,
or
intrusion
,
and
it
sufficeth
for
fotce
and
Armes
,
onely
the
shewing
of
Armes
for
to
hurt
the
Adversaries
;
and
under
the
name
of
Armes
are
contained
B●wes
,
Artowes
,
Sawes
,
Launces
,
Speeres
,
Staves
,
Swords
,
and
Targets
of
Iron
.
The
Iury
ought
to
enquire
of
the
damages
,
that
is
to
say
,
of
the
profits
of
the
Tenements
done
since
the
Disseisin
,
and
to
whose
hands
such
profits
after
came
,
and
of
the
Charges
,
Costs
,
and
reasonable
expences
which
the
Plaintiffe
hath
sustayned
in
his
whole
recovery
,
and
in
all
things
,
and
how
much
he
is
endamaged
in
distresse
of
his
goods
,
and
in
his
honour
;
and
the
damages
being
assessed
,
it
is
to
be
awarded
that
the
Plaintiffs
recover
his
seisin
,
such
as
it
is
,
according
to
the
view
of
the
Recognitors
,
and
the
damages
;
and
the
Disseisors
are
punishable
according
to
the
points
of
the
offences
.
For
the
goods
found
in
the
Tenements
whereof
none
can
know
the
value
,
as
Charter
,
Writings
,
Royall
Treasure
,
and
such
things
locked
up
,
the
Plaintiffe
hath
an
Action
by
Appeale
of
Robbery
,
or
by
a
Writ
of
Trespasse
.
In
Iudgement
of
●atcine
veniable
satisfaction
is
to
be
made
to
the
〈◊〉
in●ffes
,
to
the
double
of
the
value
of
〈…〉
which
are
stolen
;
and
in
case
of
〈…〉
the
value
(
4
double
)
or
foure
〈…〉
.
CHAP.
IV.
SECT.
25.
Of
Amercements
.
A
Pecuniary
paine
we
call
an
Amercement
,
which
follow
reall
offenders
and
m●●t
,
and
sometimes
are
certaine
,
and
sometimes
uncertaine
.
An
Amercement
is
certaine
.
sometimes
according
to
the
dignity
of
the
Persons
,
as
it
is
of
Earles
and
Barons
;
for
he
who
holdeth
an
entire
Earldoine
is
to
be
amerced
one
hundred
pound
when
he
is
least
amerced
;
And
a
Baron
for
a
Barony
entire
one
hundred
Markes
,
and
he
who
holdeth
lesse
,
lesse
;
and
more
,
more
;
according
to
the
quantity
of
the
Tenure
.
And
sometime
;
by
a
certaine
Assize
in
another
case
,
as
it
is
of
Escapes
of
people
imprisoned
,
in
which
case
yee
are
to
distinguish
of
the
place
,
as
where
one
escapeth
out
of
the
Kings
Prison
,
or
out
of
the
Prison
of
another
;
out
of
the
Kings
Prison
yee
are
to
distinguish
of
the
cause
,
whether
it
be
mortall
or
veniall
,
and
if
mortall
,
then
distinguish
if
the
cause
were
adjudged
or
not
,
and
if
adjudged
by
norory
of
fact
,
or
of
right
,
then
the
Corporall
punishment
is
uncertaine
;
for
if
the
Keeper
,
or
more
be
assenting
to
the
escape
,
punishment
of
death
followeth
thereupon
;
and
if
the
cause
was
not
adjudged
,
and
the
Keeper
was
not
the
Kings
Officer
,
nor
assented
to
the
escape
,
then
the
Assize
of
punishment
is
so
many
Shillings
sterling
or
more
,
according
to
the
usage
of
the
Country
,
or
of
the
place
,
or
of
the
person
.
And
if
the
Cause
he
veniall
,
then
the
escape
is
not
punishable
.
And
if
the
escape
be
from
the
prison
of
others
,
then
yee
are
to
distingu●sh
of
the
cause
,
and
of
the
caption
,
whether
the
cause
be
mortall
or
veniall
,
and
if
mortall
then
the
pecuniary
paine
aforesaid
holdeth
place
;
and
if
the
cause
be
veniall
,
there
is
no
punishment
for
the
escape
.
CHAP.
IV.
SECT.
26.
Of
Amercements
taxable
.
COmmon
Amercements
are
Taxable
by
the
Oathes
and
A●●erments
of
the
Peeres
,
of
those
who
sal
in
misere
cordia
,
according
to
the
constitution
of
the
Charter
of
Franchises
,
which
willeth
that
a
Free-man
be
assessed
when
he
falleth
into
an
Amercement
according
to
the
quantity
of
his
offence
,
a
Merchant
saving
to
h●●
his
Merchandize
,
and
a
Vi●●aine
saving
his
Wainage
;
and
these
Aff●rrors
are
to
be
chosen
by
the
assent
of
the
Parties
if
they
will
,
but
the
Kings
Officers
are
the
more
grievonsly
to
be
Amerced
for
the
breach
of
their
faith
,
&c.
Many
cases
there
are
where
Corporall
punishments
are
brought
in
by
Fines
of
money
,
and
such
are
called
Ransomes
,
which
is
as
much
as
to
say
,
Redemption
from
Corporall
paines
;
whereof
some
Fines
are
common
,
as
for
Murders
,
other
for
personall
Trespasses
of
Townes
and
Commonalties
,
which
Fines
King
Edward
Ordained
,
that
they
should
be
assessed
in
the
presence
of
the
Justices
,
so
as
the
names
of
them
be
put
into
the
Roles
of
the
Iustices
,
so
that
the
Estreates
may
come
to
the
Sheriffe
to
leavie
the
same
by
parcells
,
and
not
by
totall
Summons
.
And
in
case
where
one
recovereth
Debt
or
Damages
,
King
Edward
enacted
that
it
should
be
in
the
election
of
them
to
doe
execution
by
leavying
such
Debt
,
and
damages
of
the
moveable
goods
of
the
Debtors
at
the
very
value
,
to
the
value
of
the
thing
in
demand
,
except
the
Oxen
,
and
Beasts
of
the
Plow
,
together
with
the
moyety
of
Lands
,
and
Tenements
of
the
Debtors
,
if
the
goods
be
held
sufficient
by
a
reasonable
Extent
untill
the
debt
and
damages
be
leavied
.
Those
who
are
Appealed
and
Endicted
of
Felony
,
and
are
not
to
be
found
,
it
behooveth
that
they
be
proclaimed
,
and
especially
before
the
Kings
and
his
Iustices
Errants
,
and
if
they
be
found
guilty
,
then
they
are
to
be
commanded
to
put
them
in
exigent
,
so
that
the
first
county
after
the
Eyre
be
the
first
day
,
and
so
they
be
demandable
at
three
Counly
.
Courts
untill
they
be
Out-lawed
,
if
they
●ender
not
themselves
to
the
Peace
.
CHAP.
IV.
SECT.
27.
Of
the
Office
of
Justices
in
Eyre
.
TO
the
Office
of
Iustices
in
Eyre
it
belongeth
especially
to
enquire
by
Iurours
,
and
by
examination
of
the
Roles
of
the
Coroners
,
of
all
that
were
Out-lawed
after
the
last
Eyre
,
and
after
Certificate
of
their
names
they
are
to
enquire
of
the
names
of
their
Pledges
,
that
is
to
say
,
whether
they
were
in
Dozien
,
or
in
Franck-pledge
,
and
if
their
Pledges
be
in
the
same
County
then
are
the
Pledges
punishable
by
a
pecuniary
paine
because
they
brought
not
those
they
tooke
in
Maine-prise
to
appeare
;
and
if
they
were
elsewhere
in
Dezien
,
then
they
are
to
enquire
in
whose
Main-prise
they
were
,
and
they
are
punishable
according
to
the
example
of
the
Pledges
for
the
same
cause
.
To
help
the
memories
of
the
people
are
Escripts
,
Charters
,
and
Minements
very
necessary
to
prove
the
conditions
and
the
points
of
Contracts
,
Gifts
,
Sales
,
Feoffments
and
other
things
.
By
the
Statute
of
Leuchfred
it
was
Enacted
,
that
one
might
deny
nude
●ontracts
made
by
words
,
and
it
was
Ordained
,
that
Plaintiffes
should
prove
their
Writings
which
were
denyed
,
and
not
proveable
by
Neighbours
in
England
,
and
for
forraigne
Contracts
by
Battaile
,
or
by
the
setting
to
of
other
Seale
,
or
by
Iurours
at
the
election
of
the
Plaintiffes
.
If
Iurours
have
obscurely
or
doubtfully
,
or
not
sufficiently
given
their
Verdict
in
any
Action
or
Exception
;
or
any
of
the
parties
be
grieved
thereby
;
there
is
remedy
by
a
Commission
of
C●●tisicate
to
make
the
Iurour
come
againe
,
and
the
Parties
who
are
the
Plaintiff
,
ought
to
have
under
the
Kings
Seale
,
and
of
the
Iudge
,
and
of
the
Parties
,
the
proceedings
of
the
Plea
before
,
and
shew
the
defect
,
and
the
offence
of
the
Iurours
;
in
which
case
if
the
Iudge
by
examination
finde
it
doubtfull
,
the
●aid
doubt
is
to
be
reduced
to
certainty
,
and
the
obscurity
to
cleernesse
,
and
the
errour
into
truth
;
and
so
the
first
Iudgement
is
to
be
redressed
.
The
Contents
of
the
Fifth
Chapter
.
-
A
Busions
of
the
Common
Law
.
-
The
defects
of
the
great
Charter
.
-
The
reprehensions
of
the
Statute
of
Merton
and
Marle-bridge
.
-
The
reprehensions
of
the
Statutes
of
Westmister
,
1.
-
The
reprehension
of
the
Statute
of
Wesim
.
2.
and
of
Gloucester
.
-
The
reprehensions
of
Circumspecte
agatis
.
-
The
reprehensions
of
the
new
Statute
of
Merchants
.
CHAP.
V.
CHAP.
V.
Sect.
1.
Abusions
of
the
Common
Law
.
THere
are
many
who
say
,
That
although
other
Realmes
use
a
written
Law
,
yet
onely
England
useth
her
Customes
,
and
her
Usages
for
Law
not
written
;
but
betwixt
rightfull
and
tortious
usages
there
is
a
difference
,
for
tortious
usages
not
warranted
by
Law
,
nor
suffered
by
Holy
Scripture
,
are
not
at
all
to
be
used
:
as
for
example
;
those
of
Theeves
,
whose
usages
are
to
rob
and
steale
.
And
to
shew
some
abuses
holden
for
usages
,
which
are
frauds
to
the
Law
,
and
repug●ants
to
right
,
and
which
are
not
found
justifiable
by
Holy
Scripture
,
is
this
Chapter
made
of
a
Collection
of
part
of
the
abusions
of
the
Law
,
and
of
persons
erring
from
the
knowledge
of
the
right
of
Law
,
and
from
lawfull
usages
.
Abusion
is
a
disuse
,
or
a
misuse
of
right
usages
turned
to
abuses
,
sometimes
by
contrariety
and
repugnancy
to
Law
,
sometimes
by
too
large
a
usage
thereof
.
1
The
first
and
chiefe
abusion
is
,
That
the
King
is
above
the
Law
,
whereas
he
ought
to
be
subject
to
it
,
as
it
is
contained
in
his
Oath
.
2
It
is
an
abuse
,
that
whereas
Parliaments
ought
to
be
for
the
salvation
of
the
Soules
of
Trespassors
,
twice
in
the
yeare
at
London
,
that
they
are
there
but
very
seldome
,
and
at
the
pleasure
of
the
King
;
for
Subsidies
and
Collections
of
Treasuree
and
where
the
Ordinances
ought
to
b●
made
by
the
assent
of
the
King
,
and
of
hi
Earles
,
they
are
now
made
by
the
Kin
and
his
Clerkes
,
and
by
Aliens
,
and
others
who
dare
not
contradict
the
King
but
de
fire
to
please
him
,
and
to
Counsell
him
for
his
profit
,
though
the
Counsell
be
not
Covenable
for
the
common
people
without
calling
the
Counties
thereunto
,
and
without
following
the
rules
of
Law
,
whereby
it
followeth
that
many
Ordinances
are
grounded
more
upon
pleasure
then
upon
Law
.
3
It
is
an
abuse
that
the
Lawes
,
and
the
Customes
of
the
Realme
,
with
their
occasions
are
not
put
into
writing
,
whereby
they
may
be
knowne
,
so
as
they
might
be
knowne
by
all
men
.
4
It
is
an
abuse
,
that
force
holds
in
Disseisins
after
the
third
day
of
peaceable
seisin
,
for
as
much
as
he
is
not
worthy
to
be
aided
by
the
Law
who
flyeth
from
Iudgement
,
and
useth
force
.
5
It
is
an
abuse
,
that
Justice
is
delayed
in
the
Kings
Court
,
more
then
o●se
where
.
6
It
is
an
abuse
to
suffer
any
to
be
in
the
Realme
above
forty
daies
who
is
of
the
age
of
fourteene
yeares
,
English
or
Alien
,
if
he
be
not
sworne
to
the
King
by
an
Oath
of
Fealty
,
and
in
some
Pledge
and
Dozien
,
7
It
is
an
abuse
that
Clerkes
,
and
Women
are
exempted
to
make
the
said
Oath
to
the
King
,
seeing
the
King
taketh
their
Homage
and
Fealty
for
Lands
.
8
It
is
an
abuse
to
hold
an
escape
out
of
Prison
,
or
the
breach
of
the
Goale
to
be
a
mortall
offence
,
for
that
usage
is
not
warranted
by
any
Law
,
nor
is
it
used
in
any
place
but
within
this
Realme
and
in
France
,
for
as
much
as
one
is
warranted
to
doe
it
by
the
Law
of
Nature
.
9
It
is
an
abuse
to
suffer
so
many
formes
of
Writs
to
be
pleadable
,
and
therein
especially
that
the
Writs
are
Close
,
and
not
Patents
,
as
the
Writs
of
Right
;
and
in
that
they
are
made
with
interlinings
and
rasure
,
and
otherwise
vicious
.
10
It
is
an
abuse
that
the
money
is
not
quarterable
,
that
it
is
not
Silver
,
that
it
is
held
payable
if
the
forrein
circle
be
not
whole
,
to
allay
the
Money
per
18.
d.
and
make
paying
of
Lead
to
every
,
&c.
11
It
is
an
abuse
that
the
King
takes
more
then
twelve
pence
for
the
exchange
of
twenty
shillings
in
the
pound
.
12
It
is
an
abuse
that
no
pound
is
suffesed
to
weigh
twenty
five
shillings
,
or
more
then
twelve
ounces
.
13
It
is
an
abuse
that
Treason
is
not
adjudged
more
by
Appeales
then
it
is
.
14
It
is
an
abuse
that
a
man
who
hath
done
Man-slaughter
of
necessity
,
or
with
the
Peace
,
or
not
feloniously
,
is
detained
and
kept
in
Prison
untill
he
hath
purchased
the
Kings
Charter
of
pardon
of
death
,
as
it
is
for
mischance
.
15
It
is
an
abuse
to
hold
the
moveable
goods
of
flyers
forfeited
before
they
be
attainted
of
the
Felony
by
Outlawry
,
or
otherwise
.
16
It
is
an
abuse
to
Out-law
a
man
before
it
hath
been
enquired
by
the
Oathes
of
Neighbours
.
17
It
is
an
abuse
to
suffer
a
man
attainted
of
Felony
to
be
an
Approvers
,
and
to
have
a
voice
as
a
true
man
,
and
that
Clerkes
,
Women
,
Infants
,
and
others
who
cannot
Combate
are
suffered
to
be
Approvers
.
18
It
is
an
abuse
that
others
receive
the
Appeales
of
Approvers
,
then
Coroners
,
and
that
they
are
suffered
to
Appeale
oftner
then
once
,
or
by
distresse
or
otherwise
,
or
in
any
manner
falsly
.
19
It
is
an
abuse
that
the
Justices
drive
a
true
man
to
be
tryed
by
his
Country
,
where
he
profereth
to
defend
himselfe
against
the
Approver
by
battaile
.
20
It
is
an
abuse
to
force
people
Appealed
by
Approvers
to
Acquittalls
,
where
the
Approver
put
in
his
Appeales
,
if
he
be
not
thereof
elsewhere
endicted
,
or
after
the
lying
of
the
Approver
attainted
,
or
after
the
death
of
the
Approver
.
21
It
is
an
abuse
to
suffer
an
Approver
to
live
,
after
he
shall
be
attainted
of
a
false
Appeale
.
22
It
is
an
abuse
to
suffer
Theeves
,
and
knowne
and
notorious
Felons
to
be
defended
in
Sanctuaries
.
23
It
is
an
abuse
that
those
Felons
who
are
forjured
the
Realme
are
not
suffered
to
chuse
their
Port
and
passage
out
of
the
Realme
,
and
to
limit
their
Iournies
.
24
It
is
abuse
that
they
enter
into
the
Sea
,
and
from
the
Sea
,
the
Church
next
the
Sea
.
and
that
enteries
into
great
places
are
denyed
them
,
and
that
they
have
not
the
priviledge
of
Pi'grims
.
25
It
is
abuse
to
adjudge
Murder
for
default
of
En.
l.
shire
,
since
Murder
ought
to
be
the
English
punishment
of
an
Alian
.
26
It
is
an
abuse
that
Acquittances
of
paiments
made
to
the
King
in
the
Exchequer
are
by
Tallies
,
and
not
by
the
Seale
appointed
for
it
.
27
It
is
abuse
that
the
Kings
Officers
of
the
Exchequer
,
have
Jurisdiction
of
other
things
then
the
King
,
Monies
,
of
his
fees
,
and
of
his
Franchises
without
an
Originall
Writ
out
of
the
Chancery
under
white
Waxe
.
28
It
is
an
abuse
that
the
Kings
Debts
lye
Dormant
,
and
are
delayed
to
be
leavied
by
Estreates
,
since
the
Arreates
of
Sheriffe●s
,
and
of
other
the
Kings
Receivers
are
to
be
leavied
without
delay
upon
those
who
preferte
them
,
if
they
themselves
be
not
sufficient
,
and
the
Arrerages
of
the
Debts
of
others
are
to
be
leavied
upon
their
Sureties
where
the
principalls
are
not
sufficient
to
pay
the
Arrerages
;
the
Amercements
are
lyable
upon
the
Assessors
if
the
principalls
are
not
sufficient
,
and
so
it
is
of
Fines
,
and
all
other
the
Kings
Debts
,
whereby
it
appeareth
that
no
Debt
ought
to
be
much
behinde
;
is
so
much
as
some
thinke
that
none
are
chargable
with
an
old
debt
if
not
of
malice
,
or
by
negligence
of
the
Kings
Officers
.
29
It
is
an
abuse
that
they
of
the
Exchequer
,
or
others
receive
Atturnies
,
or
hold
Counsans
without
an
Originall
.
Writ
out
of
the
Chancery
,
which
none
can
doe
without
Jurisdiction
.
30
It
is
an
abuse
that
Free-men
,
and
Free-holders
have
ordinary
Jurisdiction
,
but
in
the
Courts
of
Lords
of
Mannours
,
or
of
Hundreds
,
or
Counties
.
31
It
is
an
abuse
to
Amerce
any
man
by
reason
of
a
Presentment
in
personall
Trespasse
,
in
as
much
as
no
man
is
to
be
Amerced
but
for
the
offence
in
a
reall
or
mixt
Action
.
32
It
is
abuse
to
Amerce
any
man
by
a
Presentment
made
of
lesse
then
twelve
sworne
Free-men
.
33
It
is
an
abuse
to
assesse
an
Amercement
certaine
,
without
the
afferment
of
Free-men
sworne
to
it
.
34
It
is
an
abuse
to
afferre
Amercements
in
the
absence
of
those
who
are
to
be
Amerced
.
35
It
is
an
abuse
to
Charge
the
Jurours
with
any
Article
touching
wrong
done
betwixt
neighbour
and
neighbour
.
36
It
is
abuse
to
beleeve
any
one
hath
Jurisdiction
,
if
a
Commission
give
it
not
.
37
It
is
an
abuse
to
obey
the
Judge
who
is
appealed
of
doing
wrong
,
the
example
whereof
appeareth
in
the
old
Writ
of
right
,
Et
nisi
feceris
viceoemes
faciat
.
38
It
is
abuse
that
a
Free-man
be
made
the
Kings
Officer
by
any
election
against
his
will
.
39
It
is
an
abuse
,
that
the
salaries
of
Pleaders
be
not
certaine
.
40
It
is
an
abuse
that
the
Defendants
have
not
amends
of
wrongfull
Plaintiffes
.
41
It
is
abuse
that
Pleaders
are
spared
of
Oathes
according
to
the
points
.
42
It
is
abuse
to
suspend
a
Pleader
if
he
be
not
,
attaint
of
a
Trespasse
,
for
which
he
is
condemnable
to
Corporall
punishment
.
43
It
is
abuse
to
Summon
2
man
for
2
personall
offence
.
44
It
is
abuse
to
adjudge
a
man
to
death
by
Sutors
,
if
not
in
cases
so
known
,
that
there
need
no
Answer
.
45
It
is
an
abuse
to
bring
the
Appeale
else
where
then
before
the
Coronet
of
the
County
,
and
that
appeareth
by
the
Writ
of
Appeale
,
as
a
Writ
grounded
upon
errour
.
46
It
is
abuse
to
letto
baile
a
man
Appealed
,
or
indicted
of
a
martiall
offence
by
Pledges
.
47
It
is
an
abuse
to
determine
the
Appeales
of
felony
by
Judges
,
Ordinaries
,
Suitors
.
48
It
is
abuse
that
all
persons
are
commonly
receiveable
in
Appeales
of
felony
.
49
It
is
abuse
that
all
Infants
within
age
are
in
Ward
.
50
It
is
an
abuse
that
people
may
Alien
their
Inheritances
from
their
Heires
further
then
the
grants
,
or
their
purchase
of
Lands
make
mention
,
for
none
can
make
an
Assignee
if
it
bee
not
specified
in
the
grant
.
51
It
is
abuse
that
the
Inheritances
of
Heires
females
are
held
in
Ward
(
though
it
be
of
Knights
service
)
as
of
Heire
Males
,
since
a
woman
is
at
age
at
14.
yeares
.
52
It
is
abuse
that
Goalers
or
their
soveraignes
plunder
Prisoners
,
or
take
from
them
other
things
then
their
Armes
.
53
It
is
abuse
that
Prisoners
or
others
for
them
pay
any
thing
for
their
entries
into
the
Goale
,
or
for
their
comming
out
.
54
It
is
abuse
that
a
Prisoner
is
laden
with
Irons
,
or
put
to
paine
before
he
be
attainted
of
the
felony
.
55
It
is
abuse
that
the
Goales
are
not
delivered
of
the
Prisoners
who
are
deliverable
without
delay
,
without
a
Writ
.
56
It
is
abuse
to
make
a
man
to
Answer
to
the
Kings
Suit
where
he
is
not
indicted
,
nor
appealed
.
57
It
is
abuse
to
imprison
any
other
then
a
man
indicted
or
appealed
,
without
a
speciall
Warrant
,
in
case
for
want
of
Pledges
or
Maine-prisors
.
58
It
is
abuse
that
Justices
deliver
Prisoners
not
taken
before
the
date
of
their
Warrants
,
since
the
Kings
intention
was
not
but
of
those
who
are
then
kept
in
Prison
.
59
It
is
abuse
that
the
Writ
of
Odio
&
Atia
take
no
place
but
in
Murder
.
60
It
is
abuse
that
that
Writ
lyeth
for
Endictees
.
61
It
is
abuse
that
Appealees
or
Endicters
of
mortall
Crime
are
got
out
of
Prison
by
Bayle
,
or
those
who
are
condemned
to
Corporall
punishment
before
they
doe
their
Penance
,
or
that
they
have
bought
in
the
same
by
Fine
and
Ransome
.
62
It
is
abuse
that
the
Writs
Sicut
alias
,
&
sicut
pluries
passe
the
Seale
,
in
case
where
it
should
make
those
Officers
inobedient
of
right
,
and
to
the
King
,
and
should
charge
others
to
doe
such
Commandement
.
63
It
is
abuse
to
put
these
words
in
Writs
,
Nisi
captus
sit
per
speciale
perceptum
nostrum
vel
Capitalis
Justiciarii
nostri
vel
pro
forresta
nostra
,
&c.
for
no
speciall
Commandement
ought
to
exceed
the
Common
Law
.
64
It
is
abuse
to
suffer
the
Judges
to
be
Plaintiffes
for
the
King
.
65
It
is
abuse
that
Aliens
,
or
others
who
have
not
sworne
fealty
to
the
King
,
or
infamous
persons
,
or
Indicted
or
Appealed
of
mortall
Crime
,
or
who
have
not
an
able
Commission
,
or
after
any
wrong
done
,
or
after
Judgement
given
,
be
suffered
to
have
Jurisdiction
,
or
to
Judge
out
of
the
points
specified
in
their
Commissions
.
66
It
is
abuse
that
in
Appeales
by
Pleaders
are
the
P●aces
,
and
the
Countries
,
and
the
houres
of
the
daies
,
and
that
it
is
against
the
Peace
,
since
every
offence
is
against
the
Peace
,
and
such
other
words
needlesse
.
67
It
is
abuse
to
abate
sufficient
.
Appeales
,
according
to
the
Statute
of
Gloucester
.
68
It
is
abuse
that
the
remediall
Writs
are
saleable
,
and
that
the
King
Commands
the
Sheriffe
,
that
he
take
Sureties
to
his
use
for
the
Writ
,
for
and
by
the
Purchase
of
these
Writs
one
may
destroy
his
eremy
wrongfully
;
and
because
that
such
Fines
and
Penalties
●un
in
Estreates
,
though
they
doe
nothing
but
hurt
to
the
Purchasor
theref
.
69
It
is
abuse
that
Forraigners
are
not
receiveable
in
Actions
by
Su●●ties
of
Freemen
,
who
have
not
wherewith
to
finde
Pledges
.
70
It
is
abuse
to
distreire
in
personall
Actions
,
where
the
profit
of
the
Issues
comes
to
the
King
,
and
no
profit
accrueth
to
the
Plaintiffes
.
71
It
is
abuse
that
any
Plaint
is
received
to
be
heard
without
Sureties
present
,
to
testifie
the
Plaint
to
be
true
.
72
It
is
abuse
,
that
it
is
said
that
Villinage
is
not
a
Franck
Tenement
,
and
that
an
Assize
lyeth
not
of
an
ejection
for
term
of
years
,
as
well
as
it
doth
of
a
Franck
Tenement
for
terme
of
life
,
or
in
Fee
;
for
a
Villaine
and
a
Slave
are
not
all
one
,
either
in
name
or
signification
,
for
as
much
as
every
Free-man
may
hold
in
Villinage
to
him
and
his
Heires
,
performing
the
services
and
charges
of
the
Fees
.
73
It
is
abuse
to
hold
that
seisin
accrued
not
to
the
Purchasor
when
the
Donor
left
his
goods
,
for
as
a
Contract
of
Marriage
is
good
by
the
consent
of
the
wills
of
men
and
women
,
although
that
one
of
them
repent
,
and
after
the
Marriage
would
withdraw
himselfe
,
but
he
cannot
thereby
dissolve
the
Contract
;
so
as
well
it
sufficeth
to
make
the
Contract
by
the
delivery
of
seisin
as
by
the
celebration
of
the
Marriage
,
although
the
Purchasor
have
no
other
seisin
by
taking
the
Esplees
,
nor
any
Deed.
nor
writing
to
testifie
the
bargaine
;
and
if
it
were
that
a
Woman
after
the
Marriage
were
ravished
and
consented
thereto
,
and
the
Husband
repleeve
her
,
and
the
ravisher
answering
to
the
Contract
say
,
That
the
Husband
had
no
right
nor
action
,
because
he
was
never
sully
seised
by
taking
the
Esplees
;
nor
had
no
Deed
:
or
said
,
that
he
was
never
out
of
seisin
of
the
Woman
because
she
was
clothed
with
his
Robes
,
and
by
her
robe
she
remained
in
his
seisin
;
this
Exception
nothing
availeth
him
to
excuse
his
wrong
no
more
then
in
this
case
.
If
a
man
buy
a
Horse
,
and
agree
with
the
seller
,
and
the
seller
deliver
the
●●ne
to
the
buyer
,
notwithstanding
that
the
seller
repent
of
the
bargaire
,
and
forceably
take
backe
the
Horse
,
although
the
buyer
hath
no
Action
for
the
same
,
because
he
remained
alwaies
seised
thereof
at
will
;
such
Exception
is
not
good
.
74
It
is
abuse
to
thinke
that
Contracts
for
goods
not
moveables
are
otherwise
then
for
moveable
goods
.
75
It
is
abuse
to
thinke
that
seisin
accrueth
not
as
soone
to
a
Purchaser
of
his
Purchase
,
as
to
an
Heire
of
his
Inheritance
,
since
the
Law
requires
but
three
things
in
Contracts
.
1.
The
agreement
of
the
Wills
.
2.
Satisfaction
to
the
Donor
.
3.
Delivery
of
the
possession
and
gift
.
If
a
trans●●tation
of
seisin
be
given
to
the
Purchaser
by
the
Donor
at
the
houre
of
one
of
the
Clocke
,
and
the
Purchaser
dyeth
at
the
houre
of
three
of
the
Clocke
he
dyeth
as
well
seised
of
the
Tenement
as
he
should
be
of
a
Woman
,
or
a
Horse
,
though
the
Donor
have
not
departed
with
and
removed
his
Chattels
and
it
shall
never
be
a
good
Plea
for
him
to
say
,
That
the
Free-hold
after
the
transmutation
of
seisin
by
a
simple
Livery
remained
in
the
Donor
,
after
this
Livery
of
the
Tenement
;
but
if
the
agreement
of
the
Donot
be
not
performed
according
to
the
Contract
,
then
he
may
〈…〉
thereby
.
76
It
is
abuse
to
〈…〉
at
are
cannot
recover
a
〈…〉
P●●●entments
to
Church
〈…〉
,
since
many
Reasons
〈…〉
to
Reddissesors
.
77
It
is
abuse
that
〈◊〉
are
not
granted
in
Chancery
without
difficulty
,
to
Attaint
all
false
Jurours
,
as
well
in
all
other
Actions
Personalls
,
realls
and
mixt
as
in
Assizes
brought
.
78.
It
is
abuse
to
drive
a
Distresse
out
of
the
Hundred
.
79
It
is
abuse
to
make
the
view
of
the
Distresse
to
Bayliffes
,
in
that
a
Plaint
will
suffice
,
and
a
Court
,
and
that
he
is
yet
seised
thereof
.
80
It
is
abuse
that
we
doe
not
sue
for
a
Tortious
Distresse
by
way
of
Felony
,
and
that
one
attaint
not
these
Robbers
at
the
Kings
Suit
.
81
It
is
abuse
that
vicious
Contracts
are
by
agreements
maintaied
by
Law
,
as
forbidden
of
offence
.
Is
not
Usury
an
offence
?
is
not
Imprisonment
an
offence
?
how
can
one
binde
himselfe
to
Usury
,
or
to
Imprisonment
,
or
a
Disseisin
,
if
he
doe
not
offend
.
82
It
is
abuse
that
Advowsons
of
Charters
are
aliened
by
Law
for
yeares
in
Morgage
,
or
to
ferine
,
or
are
partible
.
83
It
is
abuse
that
Leases
of
Fermes
are
not
longer
then
forty
yeares
,
since
continuance
of
seisin
by
length
of
time
doth
dis-inherit
no
man
.
84
It
is
abuse
that
no
Land
is
let
to
ferme
or
in
Fee
,
or
for
yeares
rendring
Rent
by
the
yeare
,
more
then
the
fourth
part
.
85
It
is
abuse
to
Oat-law
a
man
for
a
default
,
in
case
where
the
principall
cause
is
not
felony
.
86
It
is
abuse
that
Auditors
are
appointed
by
the
Lords
to
heare
Accompts
without
the
assent
of
Bayliffes
.
87
It
is
abuse
that
Bayliffes
have
no
recovery
of
damage
;
from
Tortious
Auditors
.
88
It
is
abuse
that
regard
is
had
to
the
persons
,
when
such
Law
is
not
for
Bayliffes
against
their
Lords
,
a●e
contra
in
the
right
of
Debts
due
by
the
one
to
the
other
.
89
It
is
abuse
that
a
man
may
challenge
one
for
his
Neise
to
whom
he
never
found
sustinance
,
in
as
much
as
a
Villaine
is
not
a
Villaine
but
so
lorg
as
he
remaireth
in
custody
;
and
since
none
cara
challenge
his
Villain
for
Villinage
though
he
be
in
his
custody
,
if
he
finde
not
sustenance
to
his
Villaine
,
or
send
him
to
some
Land
in
his
Mannour
where
he
may
gaine
his
living
,
or
otherwise
retaine
him
in
his
service
90
It
is
abuse
that
Villaines
are
Frank
,
pledges
,
or
Pledges
of
Free-men
.
91
It
is
abuse
that
others
suffer
Villains
to
be
in
their
Viewes
of
Franck-pledges
.
92
It
is
abuse
that
the
Lords
suffer
their
Villaines
to
plead
,
or
be
impleaded
without
them
,
for
a
Villaine
is
not
Amerceable
in
any
other
Court
because
he
can
lose
nothing
,
as
he
who
hath
nothing
proper
of
his
owne
.
23
It
is
abuse
to
hold
Villaines
for
Slaves
,
and
this
abuse
causeth
great
destruction
of
poore
people
,
great
poverty
.
and
is
a
great
offence
.
94
It
is
abuse
that
a
man
is
Summoned
who
is
no
Free-holder
.
95
It
is
abuse
to
Summon
a
man
elsewhere
then
in
the
Land
contained
in
the
demand
,
if
it
containe
Land
.
96
It
is
abuse
that
a
man
travaile
at
his
owne
Charges
,
by
any
Summons
personall
.
97
It
is
abuse
that
a
Justice
or
other
make
a
Summons
who
is
not
a
Free-holder
within
the
County
.
98
It
is
abuse
to
Summon
men
without
giving
them
reasonable
warning
upon
what
to
Answer
.
99
It
is
abuse
that
false
Causes
of
Essoignes
are
admitted
,
for
as
much
as
the
Law
alloweth
falsity
in
no
case
.
100
It
is
abuse
that
an
Essoignor
is
admitted
in
a
personall
Action
to
the
Defendant
,
since
one
is
Maine-prised
to
appeare
in
Court
by
Maine-prisors
.
101
It
is
an
abuse
to
receive
an
Essoigne
cast
in
by
an
infant
within
age
.
102
It
is
an
abuse
to
receive
an
Atturny
,
where
no
power
so
to
doe
is
given
by
Writ
out
of
the
Chancery
.
103
It
is
abuse
to
receive
an
Atturney
,
where
the
Plea
is
not
to
be
judged
in
the
presence
of
the
Parties
,
if
not
in
case
where
one
maketh
an
Atturney
generall
.
104
It
is
abuse
that
none
can
make
an
Attuoney
in
personall
Actions
,
where
Corporall
pnnishment
is
to
be
awarded
.
105
It
is
abuse
to
receive
Exceptions
in
Judgements
if
they
be
not
sufficiently
pronounced
,
for
from
the
Order
of
the
Exception
early
ariseth
cleare
Judgement
.
106
It
is
abuse
to
allow
a
warrant
of
Voucher
to
a
Theife
,
or
in
other
personall
Action
.
107
It
is
abuse
that
Judges
Assigned
shew
not
the
parties
pleading
their
Warrants
,
or
of
his
power
when
they
demand
it
.
108
It
is
abuse
that
Justices
and
their
Officers
,
who
kill
people
by
false
Judgement
be
not
destroyed
as
other
murderours
,
which
King
Alfred
caused
to
be
done
,
who
caused
forty
foure
Justices
in
one
yeare
to
be
hanged
as
murderours
for
their
false
Judgements
.
He
hanged
Darling
because
he
had
Judged
Sidulf
to
death
,
He
hanged
Segnor
,
He
hanged
Cadwine
,
He
hanged
Cole
,
He
hanged
Malme
,
He
hanged
Athulf
because
be
caused
Copping
to
be
hanged
before
the
age
of
one
and
twenty
yeares
.
He
hanged
Markes
because
he
judged
During
to
death
by
twelve
men
who
were
nor
sworne
.
He
hanged
Ostline
because
he
judged
Seaman
to
death
by
a-false
Warrant
,
He
hanged
Billing
,
He
hanged
Seafoule
because
he
judged
Olding
to
death
,
He
hanged
Thurston
because
he
judged
Thurguer
to
death
by
a
verdict
of
Enquest
,
He
hanged
Athelston
,
He
hanged
Rombold
because
he
judged
Lisil●ld
,
He
hanged
Rolfe
,
He
hanged
Freburne
because
he
judged
Harpin
to
dye
,
He
hanged
Seabright
who
judged
Aihebbrus
to
death
,
He
hanged
Hale
because
he
saved
Tristram
the
Sheriffe
from
death
,
He
hanged
Arnold
because
he
saved
Boyliffe
,
He
hanged
Erkinwald
because
he
hanged
Frankling
,
He
hanged
Bermond
because
he
caused
G●●bolt
to
be
beheaded
by
his
Judgement
in
England
,
He
hanged
Alkman
because
he
saved
cateman
by
colour
of
Disseisin
,
He
hanged
Saxmond
because
he
hanged
Barrold
in
England
,
He
hanged
Alflet
because
he
judged
a
Clerke
to
death
,
He
hanged
Piron
because
he
judged
Hanting
to
Death
,
He
hanged
Diling
because
he
caused
Eldon
to
be
hanged
,
He
hanged
Oswin
because
he
judged
Fulcher
to
death
out
of
Court
.
He
hanged
Muclin
,
He
hanged
Horne
,
He
hanged
Wolmer
because
he
judged
Graunt
to
death
by
colour
of
a
Larcine
of
a
thing
,
He
hanged
Therberne
because
he
judged
Osgot
to
death
for
a
Fact
,
He
hanged
Wolstor
because
he
adjudged
Haubert
to
death
at
the
Suit
of
the
King
,
He
hanged
Oskitell
because
he
judged
Catling
to
death
,
He
hanged
the
Suitors
of
Calevot
,
He
hanged
the
Suitors
of
Dorcester
,
He
hanged
the
Suitors
of
Cirencester
,
In
his
time
the
Suitors
of
Doncaster
lost
their
Iurisdiction
,
In
his
time
Colgrin
lost
his
franchise
of
Enfangtheise
,
In
his
time
Buttolphe
lost
his
view
of
Franck-pledges
,
He
judged
Lithing
to
Prison
,
He
judged
Rutwood
to
Prison
,
because
he
imprisoned
Olde
for
the
Kings
Debt
.
On
the
other
side
he
cut
off
the
hand
of
Hanlf
,
because
he
saved
Armocks
hand
,
who
was
attainted
before
him
that
he
had
feloniously
wounded
Richbold
.
He
judged
Edulfe
to
be
wounded
,
because
he
judged
not
Arnold
to
be
wounded
,
who
feloniously
had
wounded
Aldens
.
In
lesser
Offences
he
did
not
meddle
with
the
Judgements
,
but
dis-inherited
the
Justices
,
and
removed
them
according
to
the
points
of
those
Statutes
in
all
points
where
he
could
understand
that
they
had
passed
their
Jurisdiction
,
or
the
bound
;
of
their
Delegacy
,
or
of
their
Commission
;
or
had
concealed
Fines
,
or
Amercements
,
or
other
thing
which
belonged
to
the
King
;
or
had
released
or
encreased
any
punishment
contrary
to
Law
,
or
procured
the
exercising
or
pleading
without
Warrant
.
either
in
the
property
by
warrant
of
Writ
,
or
of
a
plaint
of
the
Possession
,
or
è
contra
;
Or
in
the
veniall
Actions
by
words
of
felony
,
or
è
contrai
,
or
had
sent
to
no
Party
a
transcript
of
his
Plea
at
the
Jo●ney
,
or
any
of
the
Parties
wrongfull
,
grieved
,
or
done
any
other
wrong
in
dis-allowance
of
a
reasonable
Exception
of
the
Parties
,
or
to
the
Judgement
.
In
his
time
every
Plaintiffe
might
have
a
Commission
and
a
Writ
to
his
Sheriffe
,
to
the
Lord
of
the
Fee
,
or
to
certaine
Justices
assigned
upon
every
wrongwhichwas
done
.
In
his
time
Law
was
hastened
from
day
to
day
,
so
that
above
fifteen
daies
there
was
no
default
nor
Essoigne
adjournable
.
In
his
time
the
parties
might
carry
away
the
parts
of
their
Pleas
under
the
Seale
of
the
Judges
,
or
the
adverse
parties
.
In
his
time
there
was
no
stay
of
Writs
,
all
remediall
Writs
were
grantable
,
as
of
Debt
by
vertue
of
an
Oath
.
In
his
time
the
Iudges
used
to
take
twelve
pence
of
every
Plaintiffe
at
the
journey
.
In
his
time
Plaintiffes
recovered
not
onely
damages
of
the
issues
of
the
Possessions
,
and
of
the
Fees
,
but
recovered
Costs
as
to
the
hurts
,
and
as
much
as
one
might
lawfully
Taxe
,
by
the
occasion
of
such
a
fact
.
109
It
is
abuse
that
such
a
multitude
of
Clerks
are
suffered
to
be
made
,
whereby
the
Kings
jurisdiction
is
overthrowne
.
110
It
is
abuse
that
Clerkes
have
Leases
of
that
which
belongs
to
the
Temporalty
,
and
hold
Lay
Fees
.
111
It
is
abuse
that
Pleas
hold
upon
Sundaies
,
or
other
daies
forbidden
,
or
before
Sun
rising
,
or
in
the
night
time
in
dishonest
places
.
112
It
is
abuse
that
none
answer
to
a
Felony
,
or
other
personall
Action
of
trespasse
or
scandall
before
his
age
of
one
and
twenty
yeares
.
113
It
is
abuse
that
when
the
Action
is
affirmative
to
take
the
proofe
against
the
Answer
;
or
Plea
affirmative
.
114
It
is
abuse
that
a
man
be
accused
of
life
and
member
,
ex
officio
,
without
〈◊〉
or
without
indictments
115
It
is
abuse
that
the
Iustices
shew
not
the
Endictments
to
those
who
are
endicted
,
if
they
require
the
same
.
116
It
is
abuse
that
no
man
in
England
doth
answer
for
a
thing
done
out
of
the
Realme
Et
è
contra
,
or
in
a
priviledged
place
,
where
the
Kings
Writ
runneth
not
for
a
thing
done
to
a
Forraigner
et
è
contra
,
or
within
a
place
within
a
Franchize
,
for
a
thing
done
in
Guildable
117
It
is
abuse
that
Rape
is
a
mortall
offence
.
118
It
is
abuse
that
Rape
extends
to
others
then
Virgins
.
119
It
is
abuse
to
Out-law
a
man
if
not
for
felony
.
120
It
is
abuse
that
one
take
in
England
any
one
Outlawed
in
Ireland
,
or
elsewhere
out
of
the
Realme
;
or
that
one
is
put
out
of
his
Fee
by
judgement
of
Law
of
Judges
Ordinaries
,
Suiters
121
It
is
abuse
to
count
of
so
iong
time
,
whereof
none
can
restifie
the
hearing
or
seeing
,
which
is
not
to
endure
generally
above
forty
yeares
.
122
It
is
abuse
that
a
man
have
an
Action
personall
from
a
longer
time
then
the
last
Eyre
.
123
It
is
abuse
of
the
Writ
of
Accompt
,
for
which
every
one
may
imprison
another
wrongfully
.
124
It
is
abuse
that
one
is
bound
to
render
an
accompt
of
issues
of
Land
whereof
he
is
Guardian
by
title
of
Law
.
125
It
is
abuse
that
the
Writ
of
Ne
cui
juste
vexces
is
so
out
of
use
.
126
It
is
abuse
that
Battailes
be
not
in
personall
Actions
as
well
as
in
Felonies
.
127
It
is
abuse
that
proofes
and
purgations
be
not
by
the
Miracle
of
God
where
other
proofe
faileth
.
128
It
is
abuse
to
joyne
Battaile
betwixt
persons
who
are
not
admitted
to
wage
battailé
.
129
It
is
abuse
that
a
Knight
is
otherwise
armed
then
another
man
in
a
Combate
.
130
It
is
abuse
that
Judges
have
Cognizance
by
originall
Writ
,
or
warrant
by
Vouchers
,
or
in
others
to
which
his
jurisdiction
extendeth
not
.
131
It
is
abuse
to
suffer
a
Voucher
to
warranty
in
the
Kings
Writ
of
Quo
warranto
.
132
It
is
abuse
that
those
who
are
sound
Usurers
by
indictments
after
their
deaths
are
suffered
to
be
buried
in
Sanctuaries
,
and
that
the
Lands
doe
not
escheat
to
the
Lords
of
the
Fees
.
133
It
is
abuse
that
vicious
Obligations
drive
the
Authors
to
personall
Damages
,
in
as
much
as
they
are
voidables
.
134
It
is
abuse
to
compell
Iuronts
,
Witnesses
,
to
say
that
which
they
know
not
by
distresse
of
Fine
and
imprisonment
after
their
Verdict
,
when
they
could
not
say
any
thing
.
135
It
is
abuse
to
use
the
words
(
to
their
knowledge
)
in
their
Oath
,
to
make
the
Iurours
speake
upon
thoughts
,
since
the
chiefe
words
of
their
Oathes
be
that
they
speake
the
truth
.
136
It
is
abuse
that
one
examine
not
the
Jurours
,
though
they
finde
at
least
two
to
agree
.
137
It
is
abuse
to
put
more
words
in
the
doing
of
Homage
;
but
thus
,
I
become
your
man
,
for
the
Land
which
I
claime
to
hold
of
you
.
138
It
is
abuse
to
Answer
or
appeare
by
Atturney
.
139
It
is
abuse
to
make
Justices
such
parties
without
the
Writ
in
the
Kings
presence
,
if
not
with
the
assent
of
the
parties
.
140
It
is
abuse
that
the
Writs
of
Audita
quareta
,
and
Conspiracy
and
others
containe
not
the
substance
of
the
plaints
.
141
It
is
abuse
that
the
Justices
of
the
Bench
meddle
with
more
Pleas
then
of
wrong
done
against
Fines
,
Grand
Assizes
,
translation
of
pleas
out
of
lower
Courts
,
and
of
Darrein
presentment
,
and
of
the
rights
of
the
King
,
Queene
,
and
their
Allies
.
142
It
is
abuse
to
use
a
Pone
when
their
Causes
are
discussed
,
if
the
parties
challenge
the
same
,
for
a
lying
purchasor
ought
not
to
have
benefit
of
his
leasings
.
143
It
is
abuse
to
sue
forth
Grand
Distresses
in
Pleas
of
Attachments
,
whereof
the
defaults
are
to
the
profit
of
the
King
,
and
not
of
the
Plaintiffes
.
144
It
is
abuse
that
Trespassours
who
have
nothing
are
not
banished
from
Townes
,
Counties
,
Manours
,
and
Hundreds
as
they
used
to
be
.
145
It
is
abuse
to
hold
that
a
Petit
Cape
maketh
other
title
but
to
save
every
right
in
reall
Action
,
not
in
others
.
146
It
is
abuse
that
the
issues
of
Grand
Distresses
in
mixt
Actions
come
not
to
the
profit
of
the
Lords
of
the
Fees
,
and
others
who
have
Courts
,
as
they
doe
to
the
King
of
Pleas
,
moved
in
his
Court
upon
the
same
Actions
.
147
It
is
abuse
to
thinke
the
same
punishment
is
to
be
to
Maine-prisots
as
to
Principals
who
make
default
,
whereas
they
are
amerceable
onely
in
Courts
.
148
It
is
abuse
to
amerce
a
man
in
plesive
of
Fee
,
or
of
service
,
going
out
of
the
Land
by
default
in
a
personall
Action
or
reall
;
for
Outlawty
or
losse
of
Land
is
sufficient
punishment
.
149
It
is
abuse
that
Sheriffes
doe
not
execution
of
Writs
Vice
Conntiels
,
in
as
much
as
the
Plaintiffes
have
found
Pledges
De
proseqnend
.
where
there
is
no
mention
to
take
Sureties
.
150
It
is
abuse
to
distreine
for
Ar●erages
of
services
issuing
out
of
Lands
moveable
goods
,
whereas
no
distresse
ought
to
be
but
in
the
Land
onely
.
151
It
is
abuse
that
the
Tenant
may
without
punishment
enfeoffe
a
third
person
of
the
Land
,
of
his
Lord
in
prejudice
of
him
,
or
doe
other
thing
,
or
say
any
thing
against
the
points
of
his
Oath
of
fealty
.
152
It
is
abuse
to
suffer
a
man
who
is
a
Champion
to
be
a
witnesse
.
153
It
is
abuse
that
none
have
recovery
of
wrong
done
by
the
King
,
or
the
Queen
,
but
at
the
Kings
pleasure
.
154
It
is
abuse
to
judge
a
man
to
divers
punishments
for
one
Trespasse
,
as
to
a
corporall
punishment
and
to
a
ransome
,
since
ransome
is
but
a
Redemption
from
corporall
punishment
by
payment
of
a
fine
of
money
.
155
It
is
abuse
that
people
defamed
of
offence
are
not
barred
from
making
oathes
,
and
of
their
dignities
,
and
of
their
other
Honors
.
And
divers
other
abuses
appeare
by
those
who
well
understand
the
Writ
before
written
.
CHAP.
V.
SECT.
2.
The
defects
of
the
great
Charter
.
SEeing
how
the
Law
of
this
Realm
sounded
upon
forty
points
of
the
Great
Charter
of
Liberties
is
damnably
dis-used
by
the
Governours
of
the
Law
,
and
by
Statutes
afterwards
made
contrary
to
some
of
the
points
,
to
shew
the
defects
or
defaults
of
the
points
aforesaid
;
and
the
errours
of
some
Statutes
I
have
put
in
memory
this
Chapter
of
the
defect
;
and
reprehensions
of
Statutes
,
and
first
of
the
defects
of
the
points
of
the
Great
Charter
.
To
the
point
,
That
the
Church
of
England
shall
have
all
her
Rights
and
Liberties
inviolable
;
for
first
it
were
necessary
to
ordaine
a
Corporall
punishment
,
and
namely
to
the
Lay
Judges
,
the
Kings
Ministers
,
and
others
who
Judge
Clerkes
for
mortall
Crimes
to
Corporall
punishments
,
infamatories
,
&
doe
detain
their
goods
after
their
purgation
,
and
to
those
Secular
Judges
who
take
upon
them
Cognizance
in
causes
of
Matrimony
,
and
Testaments
,
or
other
speciall
things
.
The
other
point
is
,
That
every
Free-man
of
the
Realme
inherite
the
Liberties
of
the
Charter
,
and
whereof
every
one
is
disseised
as
of
his
Free-hold
,
which
is
not
adjudged
according
to
the
points
following
,
there
lyeth
no
recovery
of
damages
by
the
Assize
of
Novel
Disseisin
.
A
third
point
seemeth
to
be
defective
,
for
as
the
releife
of
an
Earldome
entire
was
to
decrease
in
him
who
held
lesse
,
so
it
seemeth
that
that
certainety
was
to
encrease
as
much
if
an
Earle
held
more
,
so
as
he
who
held
two
Earldoms
,
and
who
held
an
Earldome
and
a
Barony
,
shall
pay
as
an
Eardome
and
as
a
Barony
;
and
so
of
other
Fees
if
they
be
not
expressed
in
the
Charter
,
that
the
Fyne
of
one
hundred
pound
be
not
an
Eirldome
for
no
point
oncreased
,
and
so
of
other
certainties
.
The
fourth
point
is
defective
(
for
although
it
be
that
such
a
point
be
grounded
upon
Law
,
to
binde
the
Lord
of
Fees
to
warranties
by
taking
of
such
Homages
,
whether
they
tooke
them
of
the
right
Heires
or
not
)
because
it
is
not
expressed
whoshould
be
Guardian
of
the
Fees
in
time
of
vacancy
,
and
have
the
issues
in
the
mean
time
in
case
where
the
right
Heires
fly
from
their
Lords
,
or
cannot
or
will
not
doe
their
homage
.
In
the
points
of
Wards
it
is
defective
,
for
as
much
as
no
difference
is
expressed
between
the
heires
Males
,
and
the
heires
Females
,
for
a
woman
hath
her
age
when
she
is
fully
of
fourteen
yeares
,
and
the
seaven
yeares
besides
were
not
ordained
first
but
for
the
Males
,
who
before
the
age
of
one
and
twenty
yeares
were
not
sufficient
to
beare
Armes
for
the
defence
of
the
Realme
.
And
note
that
every
Guardian
is
chargeable
to
three
things
:
1
That
he
mainetaine
the
infant
sufficiently
.
2
That
he
maintaine
his
rights
and
inheritance
without
waste
,
3.
That
he
answer
and
give
satisfaction
of
the
Trespasses
done
by
the
infants
.
The
defect
of
the
point
of
Disparagements
appeareth
amorgst
the
Statutes
of
Merton
.
And
the
default
of
Franckbenches
and
Widowes
in
the
same
manner
,
in
which
point
it
is
sufficiently
expressed
that
no
woman
is
dowable
if
she
have
not
been
sollemnly
espoused
at
the
doore
of
the
Monastery
and
there
endowed
.
In
the
point
which
requireth
that
the
City
of
London
have
its
ancient
Liberties
,
and
her
free
Customes
,
it
is
to
be
interpreted
in
this
manner
;
That
the
Citizens
have
their
Liberties
whereof
they
are
inherited
by
lawfull
Title
of
the
gifts
and
confirmations
of
Kings
,
which
they
have
not
forfeised
by
any
abuse
,
and
that
they
may
have
their
Liberties
and
Customes
which
are
sufferable
by
Law
,
and
not
repugnant
to
the
Law
.
And
where
it
is
said
(
of
London
)
that
the
interpretation
be
as
well
of
the
Cinque
Ports
,
and
of
other
places
.
The
point
which
forbiddeth
tortious
Distresses
for
Fees
is
Covenable
in
it selfe
,
but
the
same
shal
not
grieve
any
man
of
the
Realme
who
hath
Tenements
,
that
it
is
no
Trespasse
in
him
,
or
by
his
Ministers
,
as
appeareth
in
the
Chapter
of
Nativo
habendo
.
The
point
which
forbiddeth
that
Common
Pleas
follow
not
our
Court
,
is
to
be
interpreted
in
this
manner
;
That
the
people
shall
not
travail
to
Sue
in
the
Kings
Household
in
the
Country
as
they
used
to
doe
.
But
this
point
willeth
,
that
the
Plaintiffes
have
Commissions
to
Sheriffes
,
to
Lords
of
Mannours
,
and
to
Justices
assigned
,
so
that
right
be
done
to
the
parties
in
certaine
places
,
where
the
Parties
and
Jurours
may
be
the
lesse
travailed
.
Although
it
be
that
the
Chapter
command
that
Petit
Assizes
be
taken
in
their
Counties
,
being
made
for
the
ease
of
Jurors
,
yet
it
is
disused
,
in
as
much
as
the
Justices
make
the
Jurours
to
come
from
the
furthest
marches
of
the
Counties
,
whereas
it
were
better
that
the
Justices
Rod
from
Hundred
to
Hundred
,
then
so
to
travaile
the
people
.
The
point
of
Amercements
is
misused
by
Iustices
,
Sheriffes
,
Bayliffes
,
Stewards
,
Againe
,
where
the
Afferrours
ought
to
be
chosen
with
the
assent
of
those
who
are
amerced
,
and
in
a
common
place
,
the
Lords
make
the
Afferrours
to
come
to
their
houses
to
asser
the
Amercements
according
to
their
pleasures
.
The
point
which
forbiddeth
that
Rivers
be
defended
is
dis-used
,
The
Chapter
which
forbiddeth
that
Sheriffes
,
Constables
,
Coroners
,
nor
Bayliffes
shall
hold
Pleas
of
the
Crowne
seemeth
not
needfull
,
for
appeales
of
felony
are
not
here
to
be
brought
before
Coroners
,
and
the
exigents
and
Iudgements
pronounced
,
and
therefore
this
point
had
need
to
have
had
more
words
to
have
expressed
the
meaning
of
it
.
For
the
end
of
the
Chapter
of
the
moveable
good
;
of
the
dead
,
it
appeareth
that
the
Action
accrueth
to
the
Widowes
,
and
to
the
Children
to
demand
their
reasonable
parts
of
the
goods
of
their
Father
taken
away
.
That
which
is
forbidden
to
Constables
to
take
is
forbidden
to
all
men
,
The
Chapter
for
holding
the
Lands
of
Felons
for
a
yeare
and
a
day
is
out
of
nse
;
for
whereas
the
King
ought
not
to
have
the
wast
by
Law
,
or
but
the
yeare
in
the
●●ame
of
Fine
for
safeguard
of
the
land
from
spoile
,
the
Kings
O●●cers
take
both
.
The
defence
of
the
Precipe
is
not
holden
in
that
they
doe
it
without
Writs
of
possession
of
Farmes
every
day
,
that
the
Lords
lose
the
Cognizance
of
their
Fees
,
and
the
advantages
of
their
Courts
.
The
point
which
commands
that
one
Measure
be
throughout
the
whole
Realm
,
and
one
Weight
is
dis-used
by
Merchants
,
and
Burgesses
,
using
for
the
pound
the
old
Weight
of
twenty
shillings
of
right
Assize
,
and
also
of
Ells
and
other
measures
.
The
defence
which
is
made
of
the
Writ
De
odio
&
atia
,
that
the
King
be
not
Chancellor
,
nor
take
any
thing
for
granted
,
the
Writ
ought
to
extend
to
all
remedial
Writs
,
and
the
same
Writ
ought
not
extend
onely
to
the
felonies
of
Murder
,
but
it
ought
to
extend
to
all
felonies
,
and
not
onely
in
Appeales
but
in
Endictments
.
The
point
which
forbiddeth
that
no
Bayliffe
put
a
Free-man
to
his
Oath
without
Suit
,
is
to
be
understood
in
this
manner
,
That
no
Justice
,
no
Minister
of
the
King
,
nor
other
Steward
nor
Bayliffe
have
power
to
make
a
Free-man
make
Oath
without
the
Kings
Command
,
nor
receive
any
plaint
without
Witnesses
present
who
testifie
the
plaint
to
be
true
.
The
point
where
the
King
granteth
that
he
will
not
disseise
,
nor
imprison
,
nor
destroy
,
but
by
lawfull
Iudgement
,
which
overthrows
the
Statute
of
Merchants
and
other
Statutes
is
to
be
interpreted
thus
,
that
none
be
arrested
,
if
not
by
warrant
grounded
upon
a
personal
Action
,
for
if
the
Action
be
veniall
,
no
Imprisonment
is
justifiable
,
if
not
for
default
of
Maine-pernors
.
And
so
it
appeareth
that
none
is
imprisonable
for
Debt
.
And
if
any
Statute
be
made
repugnant
to
this
point
,
either
for
the
Kings
Debt
,
or
for
the
Debt
of
any
other
,
it
is
not
to
be
kept
.
That
(
none
be
Outlawed
)
is
to
be
meant
,
if
not
for
mortall
felony
,
from
which
one
is
saved
by
the
Oath
of
Neighbours
,
ex
officio
,
as
it
is
the
use
in
Eyres
;
and
therefore
that
destroyeth
the
Statute
of
Outlawry
of
a
man
for
arrerages
of
Accompt
,
and
all
other
the
like
Statutes
;
and
that
which
is
said
,
that
none
be
(
exiled
nor
destroyed
)
is
to
be
interpreted
in
this
manner
,
that
every
one
have
an
Action
to
appeale
all
Persons
,
all
Suitors
,
all
Assessors
who
destroy
men
against
the
right
course
,
and
against
the
rules
of
Law
.
On
the
other
part
,
where
the
King
forbideth
that
none
be
disseised
of
his
Freehold
,
of
his
Liberties
,
or
of
his
free
Customes
is
thus
to
be
understood
,
that
one
shall
recover
by
Assize
of
Novel
disseisin
every
manner
of
Free-hold
,
and
all
manner
of
Possession
reall
of
Lands
,
or
of
Franchises
whereout
one
is
cast
,
if
it
be
not
by
lawfull
Iudgement
;
and
these
words
(
if
it
be
not
by
lawfull
Iudgement
)
referre
to
all
the
words
of
this
Statute
.
The
point
which
the
King
grants
to
the
people
,
that
he
will
sell
no
Right
,
or
hurt
nor
delay
Iustice
,
is
misused
by
the
Chansellour
,
who
se●ls
the
remediall
Writs
,
and
calls
them
Writs
o●
Grace
,
&
by
the
Chansellour
of
the
Exchequer
who
denyeth
Acquittances
of
payments
made
to
the
King
under
Green
Waxe
,
and
all
those
who
delay
right
judgement
or
other
right
.
The
point
concerning
leave
for
the
staying
of
Merchants
,
Alliens
,
is
so
to
be
understood
,
that
it
be
not
prejudiciall
to
the
Townes
,
not
to
the
Merchants
of
England
,
and
that
they
be
sworne
to
the
King
if
they
stay
longer
then
forty
daies
.
The
point
which
forbiddeth
that
none
Allien
his
Land
in
prejudice
of
the
Lord
of
the
Fee
,
is
to
be
interpreted
in
this
manner
,
that
no
Tenant
allien
the
Fee
of
his
Lord
without
his
consent
,
or
to
hold
in
chiefe
of
the
Lord
without
encrease
of
new
service
.
The
point
of
the
custody
of
Abbies
,
and
of
religious
places
when
they
fall
is
thus
to
be
understood
,
that
every
Lord
have
the
keeping
of
his
Fee
during
the
Vacation
.
The
point
that
none
shall
be
taken
or
imprisoned
upon
the
appeale
of
any
woman
,
for
the
death
of
any
other
then
of
her
Husband
,
is
to
be
meant
of
such
a
woman
which
the
Husband
last
held
for
his
wife
,
if
in
case
there
be
many
wives
alive
.
The
points
concerning
Sheriffes
Turnes
and
Viewes
of
Franck-pledges
are
disused
three
waies
;
the
first
that
Sheriffes
,
Bayliffes
,
and
Stewards
take
extortion
of
Fines
,
in
that
they
make
the
people
to
fine
for
what
they
are
not
occasioned
which
they
call
for
Beaupleader
.
The
second
,
that
they
amerce
the
people
for
Presentments
upon
personall
Actions
.
The
third
is
,
that
they
charge
the
Iurours
with
Articles
touching
Trespasse
done
by
Neighbour
to
Neighbour
,
or
of
Tenant
,
or
of
other
Lord
then
to
the
King
.
The
point
which
forbiddeth
religious
persons
to
purchase
Lands
,
overthroweth
the
Statute
afterward
made
at
Westminster
of
the
same
,
for
as
much
as
the
Action
of
the
chiefe
Lord
is
limited
in
so
short
time
,
to
hasten
the
Kings
Action
in
prejudice
of
the
Lords
of
the
Fee
.
The
last
point
is
of
such
vertue
and
of
such
meaning
as
that
the
King
hath
the
Cognisance
of
Trespasses
done
in
such
manner
,
as
that
the
Fee-Tenants
have
their
Courts
,
and
the
Cognisance
of
Trespasses
done
within
their
Mannours
,
and
also
as
well
of
reall
Actions
,
and
Personalls
,
as
of
mixt
.
CHAP.
V.
SECT.
2.
The
Articles
upon
the
Statute
of
Merton
.
SOme
points
are
reproveable
amongst
the
Statutes
made
at
Merton
after
the
Great
Charter
made
,
and
namely
the
point
of
Redisseisins
.
Since
the
Law
doth
not
attaint
any
Trespassor
by
enquest
of
Office
,
and
because
Pleas
may
perhaps
availe
the
Tenants
,
and
should
be
by
Law
allowable
,
Assizes
lye
to
the
example
of
Novel
Disseisin
;
and
where
it
is
said
,
that
Redisseisors
be
arrested
and
kept
in
Prison
,
and
afterwards
that
they
be
released
is
but
an
abuse
of
the
Law
,
which
requireth
that
every
one
who
is
attainted
of
a
personall
Trespasse
be
punished
by
a
Corporall
punishment
,
if
he
cannot
ransome
it
by
money
;
and
that
which
is
said
of
this
Statute
is
to
be
understood
of
all
Statutes
made
after
the
Great
Charter
,
made
in
the
time
of
King
Hen.
the
1.
for
it
is
not
Justice
that
he
should
be
punished
for
one
fault
with
Corporall
punishment
,
as
imprisonment
or
other
,
and
further
by
a
pecuniary
paine
,
or
by
ransome
;
for
ransome
is
nothing
but
a
buying
out
the
Corporall
punishment
.
The
point
of
Improvements
of
Wasts
is
reproveable
as
being
too
generall
,
for
it
ought
to
distinguish
of
Commons
;
for
in
some
places
the
Commonors
are
infeoffed
in
such
manner
that
the
whole
Common
is
onely
in
the
Tenants
,
so
that
the
Lords
have
nothing
but
the
soile
,
and
in
such
case
that
Statute
is
prejudiciall
to
the
Commoners
,
and
repugnant
to
the
Great
.
Charter
,
which
willeth
that
none
be
cast
out
of
his
Free-hold
,
not
the
appurtenances
without
lawfull
judgement
.
The
point
of
Rape
of
Marriages
is
reproveable
,
in
as
much
that
it
hath
an
Exception
of
Persons
of
Laymen
,
and
of
Clerkes
,
for
there
is
no
more
Law
that
a
Clerke
should
offend
without
punishment
then
a
Lay
man
.
Other
points
are
repugnable
;
If
the
Tenant
doe
damage
to
his
Lord
,
or
è
contra
,
for
they
are
not
punishable
according
to
the
Statute
,
but
they
are
bound
by
their
Homage
and
Fealty
betwixt
them
,
as
it
is
before
said
amongst
the
judgements
of
defaults
.
The
points
of
making
Atturnies
in
Suits
at
Hundreds
is
to
be
understood
in
this
manner
;
That
although
a
Suitor
by
this
Statute
may
make
an
Atturney
for
him
to
save
his
default
,
yet
none
can
give
Judgement
by
Atturney
;
nor
is
a
Woman
named
in
this
Statute
,
because
that
no
judgement
is
to
be
given
by
a
Woman
.
CHAP.
V.
SECT.
3.
Of
the
Statutes
of
Marle-bridge
.
SOme
points
of
the
Statutes
of
Marle-bridge
are
reproveable
,
and
namely
the
first
five
points
,
because
that
every
personall
Trespasse
is
punishable
by
a
Corporall
punishment
if
the
Trespasse
be
not
bought
in
by
ransome
according
to
the
quantity
thereof
.
The
Chapter
which
commandeth
t●e
Great
Charter
to
be
kept
in
all
points
is
defective
for
want
of
addition
of
punishment
,
and
it
seemes
crosse
to
make
constitutions
not
holden
.
The
Chapters
remedialls
of
Lords
of
Fees
is
reproveable
in
the
mittigation
of
punishment
:
For
all
those
who
doe
defraud
the
Law
are
punishable
by
a
Corporall
punishment
,
and
not
by
a
simple
Amercement
.
The
point
of
Proclamation
of
Wards
is
reproveable
,
as
that
which
is
founded
upon
Errour
,
as
it
appeareth
in
the
Chapter
of
defaults
.
The
Chapter
of
Redisseisors
is
reproveable
,
for
that
no
speciall
command
ought
to
exceed
Common
Right
,
not
any
paine
of
imprisonment
is
judgeable
but
for
a
wrongfull
imprisonment
.
The
Chapter
of
daies
in
dower
is
reproveable
,
since
the
Law
hasteneth
right
more
in
the
Kings
Court
then
clsewhere
.
The
Chapters
following
of
Attachments
and
Distresses
are
reproveab●e
,
for
in
pleas
of
Attachments
no
Essoigne
is
allowable
for
the
Defendants
,
nor
any
such
order
of
distresses
is
to
be
holden
according
to
Law
.
The
Chapter
which
forbiddeth
that
none
make
his
Tenants
Jurours
is
reproveable
,
because
that
no
punishment
is
therein
ordained
,
and
because
it
hath
no
Exception
;
for
there
are
many
Cases
where
the
people
ought
to
be
Jurours
though
they
come
not
by
the
Kings
Command
,
as
before
Justices
of
Forrests
,
before
Coroners
,
and
before
Escheators
,
and
as
in
Courts
of
Sheriffes
and
Viewes
of
Fraukpledges
,
and
as
Afferrours
,
and
at
Goale
deliveries
.
The
Chapter
which
commandeth
the
arresting
of
those
who
are
bound
to
Accompt
is
reproveable
,
since
the
Action
is
mixt
,
and
requireth
Summons
,
and
not
personall
Arrests
.
The
Chapter
of
wasters
of
Farmes
is
reproveable
,
for
waste
is
a
personall
Trespasse
,
and
requireth
a
personall
punishment
,
and
not
a
simple
Amercement
.
CHAP.
V.
SECT.
4.
Articles
upon
the
Statute
of
Westminster
,
the
first
.
MAny
Chapters
are
reproveable
of
the
Statute
of
Westminster
.
For
the
points
touching
religious
Persons
are
matter
to
gaine
monies
,
and
a
purchase
upon
a
foundation
of
covetousnesse
,
more
then
for
their
advantage
.
The
Chapter
of
Clerkes
found
guilty
of
felony
is
reproveable
,
for
for
want
of
addition
of
punishment
these
Clerkes
are
not
to
be
delivered
to
Ordinaries
,
but
at
the
pleasure
of
the
King
,
and
of
his
Justices
.
The
Chapter
of
Wreck
is
reproveable
,
in
as
much
as
the
finder
is
forjudged
by
the
Statute
to
have
part
thereof
,
whereas
he
ought
to
have
part
of
the
profit
,
and
so
it
is
reproveable
,
as
to
the
awarding
of
the
punishment
.
Of
the
points
of
Amercements
is
before
spoken
in
the
Great
Charter
.
The
point
of
takings
of
distresse
is
much
reproveable
,
The
Chapter
concerning
pursuing
of
Felons
to
maintaine
the
Peace
is
reproveable
in
the
punishment
,
for
he
is
consenting
to
a
Felon
who
doth
not
apprehend
him
when
he
may
.
In
the
same
manner
is
it
of
the
Chapter
of
Coroners
,
contained
in
the
Articles
following
.
The
point
of
Election
of
Coroners
was
not
needfull
to
have
been
ordained
,
The
point
of
Enquest
of
Odio
&
aria
is
reproveable
,
The
point
of
putting
people
found
guilty
of
felony
,
who
will
not
put
themselves
upon
the
Country
to
pennance
,
it
is
out
of
use
that
one
kill
them
,
without
having
regard
to
the
conditions
of
the
Persons
,
and
therein
it
is
reproveable
,
since
one
may
perhaps
helpe
and
acquit
himselfe
otherwaies
then
by
his
Country
,
and
in
as
much
as
none
is
to
be
put
to
Pennance
before
he
be
attainted
of
the
offence
for
which
he
ought
to
be
pained
.
The
Ordinances
of
punishments
of
long
imprisonment
are
to
be
reprehended
as
before
is
said
.
The
point
of
the
order
of
Outlawry
of
the
principalls
before
the
Accessories
is
no
Statute
,
but
a
revocation
of
errour
.
The
point
of
Replevisalls
is
reproveable
,
according
as
it
is
said
of
Actions
;
the
punishment
of
long
imprisonment
containe
Errour
as
is
said
before
.
The
punishment
of
Heites
males
Married
,
as
against
the
King
,
without
the
consent
of
their
Lords
,
betwixt
14.
yeares
and
21.
yeares
is
reproveable
,
for
then
the
King
should
have
amends
for
that
,
for
which
he
hath
not
any
personall
Suit
for
the
amends
.
The
point
of
Heires
females
containeth
Errour
,
as
appeareth
in
the
reprehension
of
the
point
of
Marriages
in
the
Great
Charter
.
The
point
of
tortious
Distresses
ought
to
contain
the
punishment
for
the
robbery
.
The
punishment
of
Ministers
,
Disseisors
by
colour
of
their
Office
is
reproveable
for
the
smalnesse
of
it
,
as
appeareth
amongst
the
Judgements
.
The
point
which
forbiddeth
Sheriffes
that
they
take
no
rewards
is
reproveable
in
as
much
as
the
King
taketh
of
them
,
and
they
take
nothing
of
the
King
.
The
point
of
Fines
of
Clerkes
,
and
the
officers
of
Justices
in
Eyre
is
reproveable
,
for
the
common
grievance
of
the
people
without
taking
of
profit
.
The
points
of
imprisonment
are
reproveable
for
the
reasons
aforesaid
,
and
the
point
of
Tolls
for
the
punishment
of
imprisonment
,
and
because
Tolls
are
not
established
certaine
.
The
point
which
willeth
that
those
who
dis-use
Marriages
should
lose
them
,
was
not
needfull
to
have
been
made
,
for
the
Law
is
,
that
he
shall
lose
his
Franchise
who
useth
it
not
.
The
point
of
the
Receivers
of
the
Kings
monies
and
not
rendring
the
same
is
reproveable
,
for
the
smallnesse
of
the
punishment
,
according
to
that
which
appeareth
before
.
The
Errours
of
taking
of
Carriages
and
other
goods
appeareth
sufficiently
by
the
reasons
before
.
The
point
which
forbiddeth
Judgement
to
be
given
by
Strangers
in
Counties
is
reproveable
,
for
no
Iudgement
given
by
another
then
an
ordinary
Judge
assigned
is
to
hold
.
The
point
which
maketh
mention
of
Robbery
,
or
Disseisins
is
reproveable
,
for
all
those
are
to
be
seised
upon
who
the
Jurours
indict
of
Robbery
,
according
to
the
example
of
Theeves
and
other
Felons
.
The
point
of
Attaint
is
reproveable
,
for
it
should
not
extend
to
one
case
,
but
it
ought
to
comprchend
all
Oathes
taken
by
twelve
men
if
one
of
the
Parties
complaine
thereof
.
The
point
of
limitations
of
Actions
is
reproveable
,
for
the
reasons
in
the
Chapter
given
upon
the
same
matter
.
The
point
which
forbiddeth
falsities
and
abuses
used
in
Courts
before
this
time
to
false
Judges
,
who
used
not
the
Law
by
sufferance
of
falsities
.
The
point
of
Champions
is
reproveable
,
for
no
Champion
is
to
be
receiveable
as
a
witnesse
.
The
point
of
not
allowing
Essoignes
in
Assizes
after
appearance
,
is
reproveable
by
the
Assize
of
Novel
disseisin
,
where
no
Essoigne
is
allowable
for
the
Tenants
no
more
before
appearance
then
after
,
not
in
no
other
personall
Action
.
The
other
points
of
Essoignes
are
reproveable
,
for
no
false
cause
of
Essoigne
ought
to
advantage
any
man
.
The
point
of
delaies
in
Pleas
of
Attachment
is
reproveable
in
many
points
,
accordingas
appearethin
the
chapter
of
defaults
.
The
point
to
plead
upon
the
surcharge
falleth
in
prejudice
of
Sheriffes
,
and
of
Lords
of
Fees
,
and
of
Liberties
;
and
although
the
two
points
of
Disseisins
,
that
is
to
say
,
that
every
one
may
avoid
the
damages
in
the
point
of
personall
trespasse
done
to
his
Ancesters
in
as
much
as
his
Action
lyeth
,
of
what
age
soever
the
Parties
be
,
yet
is
the
first
reproveable
,
for
as
much
as
the
Plaintiffes
have
no
recovery
for
the
damages
done
to
their
Ancestors
,
not
any
Action
,
but
to
have
restitution
of
the
possession
.
The
other
point
is
reproveable
for
the
smallnesse
of
the
punishment
,
but
according
to
common
right
this
punishment
should
have
time
,
that
he
should
never
doe
Homage
betwixt
them
for
the
Lords
forfeiture
,
when
he
beginneth
to
dis-inherite
his
Tenant
contrary
to
the
right
of
Homage
.
The
Prayer
of
the
King
is
reproveable
,
because
he
ought
to
aske
nothing
contrary
to
Law
,
but
it
is
the
prayer
of
the
Justices
who
desire
alwaies
to
have
much
to
doe
.
The
point
that
if
he
who
is
vouched
to
warranty
ought
not
to
warrant
,
although
he
be
bounden
by
the
deed
of
his
Ancestor
whose
Heire
he
is
,
in
case
he
alledge
that
nothing
descended
to
him
from
that
Ancestor
by
whose
deed
he
is
●ouched
is
reproveable
,
for
according
to
the
old
Law
,
Lands
remained
liable
to
the
Debt
of
those
who
acknowledged
it
,
to
whose
hands
soever
the
Lands
afterwards
came
.
In
the
same
manner
it
used
to
be
in
all
other
Contracts
,
where
the
Contracts
were
adjudged
or
granted
;
and
although
nothing
descended
to
the
Heire
for
that
he
lost
not
the
Tenements
for
want
of
Acquittance
,
and
if
he
who
bound
himselfe
to
warranty
would
not
warrant
the
Land
,
not
vouch
over
,
it
appeareth
thereby
that
the
Ancestor
was
Tenant
by
a
naughty
title
,
and
that
he
was
possessor
thereof
by
an
ill
way
;
and
if
the
Heire
had
nothing
whereby
to
discharge
him
,
the
Tenements
bound
to
warranty
should
be
recovered
.
And
if
the
Heire
had
nothing
whereby
to
discharge
,
not
no
Land
is
found
bound
to
the
warranty
,
if
the
Purchasor
lost
his
purchase
it
was
at
his
owne
perill
,
and
accounted
his
owne
folly
,
the
better
at
any
other
time
to
looke
to
his
assurance
.
CHAP.
V.
SECT.
5.
Articles
upon
the
Statute
of
Westminster
,
2.
THat
which
is
said
of
the
Statute
of
Westminster
2.
which
faileth
in
many
cases
is
now
to
be
understood
,
for
against
all
Trespasses
is
the
Law
made
although
it
be
dis-used
,
or
controuled
by
those
who
know
not
the
Law
.
And
the
three
first
Chapters
are
not
Statutes
,
but
are
the
revocations
of
the
Errours
of
negligent
Judges
,
for
the
Law
permits
not
that
a
man
make
a
better
estate
to
another
then
himselfe
hath
,
but
requireth
that
every
lawfull
Contract
be
made
according
to
the
wills
of
the
speakers
;
and
that
which
is
in
the
Statute
,
that
if
a
Fine
be
leavied
in
deceit
of
right
,
that
the
same
be
null
is
reproveable
;
but
it
might
have
been
better
said
,
That
for
that
Fine
,
that
no
man
be
barred
of
his
right
,
for
the
Fine
leavied
cannot
be
rightly
said
null
,
but
it
holds
in
force
,
and
barreth
at
the
least
the
Donor
of
his
Action
.
The
point
if
Distresses
doth
not
repeale
any
Errour
,
but
affirme
them
,
as
before
appeareth
in
the
second
beoke
.
And
that
which
is
said
in
the
second
Statute
,
that
Suitors
in
Counties
have
no
Record
,
is
but
abusion
,
since
every
lawfull
testimony
is
a
Record
,
and
every
false
testimony
is
a
lye
;
and
as
lawfull
may
other
people
testifie
as
the
Justices
assignned
.
Is
not
the
same
Writ
abused
,
to
grant
to
Counties
Records
in
Outlawries
,
Pledges
,
Maine-prises
,
Battailes
,
Grand
Assizes
and
other
Cases
,
and
not
other
points
,
and
to
deny
that
the
Sheriffes
or
Lord
of
the
Fee
,
or
other
to
whom
the
King
sendeth
his
Writ
,
hath
not
as
well
Record
of
Processe
before
him
,
as
those
whom
they
call
Iustices
,
is
but
Errour
?
And
as
to
the
causes
of
Writs
of
paines
is
suffered
great
Errour
,
that
that
which
is
not
warranted
in
the
Accessory
,
that
he
may
〈…〉
in
the
principall
,
since
the
Law
permits
that
none
be
aided
by
a
lye
or
a
vicious
Writ
.
Of
the
other
side
,
because
there
is
more
realty
in
the
Statute
then
personalty
,
as
more
Attachments
are
awarded
in
personall
Actions
then
in
mixt
and
realls
.
The
point
of
Measnes
is
reproveable
,
as
to
the
Proclamation
,
and
as
to
the
non-acquittance
of
those
who
hold
by
lesse
service
then
the
Measnes
,
for
be
it
that
B.
hold
one
hundred
pound
Land
of
D.
by
the
service
of
twenty
pound
per
annum
,
and
the
same
B.
give
the
moyety
thereof
in
Frankalmoigne
,
or
Frank
marriage
,
or
to
hold
by
the
service
of
a
Rose
to
C.
if
it
happen
that
the
same
B.
forfeited
what
he
hath
,
by
this
Statute
no
remedy
is
ordained
for
C.
who
was
purchasor
from
B.
and
therefore
the
old
course
is
to
be
holden
which
is
said
before
in
Iudgements
.
The
remediall
Statute
of
the
right
of
the
Wife
lost
by
the
default
of
the
Husband
is
reproveable
,
for
the
old
Law
was
,
that
a
woman
after
the
death
of
her
Husband
should
repleeve
her
Inheritance
or
purchase
so
lost
,
summoning
the
Tenants
,
for
a
Cape
is
not
,
but
a
distresse
and
ejection
of
seasin
saving
every
right
;
and
it
is
lawfull
for
one
of
the
Tenants
in
common
to
defend
his
right
where
he
is
damnified
by
the
negligence
or
the
non
ability
of
his
Partner
.
In
the
same
manner
may
a
Woman
according
to
Law
in
the
right
of
her
Husband
;
neither
doth
the
Law
give
to
Widowes
Action
to
demand
Dower
in
the
cases
named
in
the
Statute
,
but
in
all
cases
the
Law
enables
her
to
be
received
by
Lawfull
reversing
of
the
Iudgement
.
And
that
which
is
contained
that
Tenants
may
vouch
to
warranty
,
is
but
abuse
;
how
holdeth
voucher
place
where
a
Writ
lyeth
not
;
yet
is
it
understood
with
a
saving
,
that
no
jurisdiction
of
a
Iudge
assigned
extend
to
other
Persons
then
those
who
are
named
in
the
Writ
,
and
that
none
shall
vouch
more
then
in
the
same
Writ
are
named
,
by
Writ
of
Replegiare
,
and
therefore
are
warranties
attainable
and
determinable
by
Writs
.
The
Statute
following
,
which
Ordaineth
new
Writs
remedialls
after
defaults
,
is
prejudiciall
to
Lords
of
Fees
,
who
lose
the
advantages
of
their
Courts
,
because
that
Writs
of
Right
are
forbidden
in
such
cases
where
they
wont
to
be
used
.
Presentments
to
Churches
ought
not
to
be
but
in
the
names
of
those
to
whom
the
meere
right
of
the
Advowson
doth
belong
,
according
as
is
said
before
in
Contracts
;
and
it
is
errour
and
abusion
of
Law
to
endow
women
of
Advowsons
,
or
to
Lease
them
to
Farme
,
or
for
the
terme
of
anothers
life
,
or
in
Frank-marriage
,
or
in
Mortgage
,
or
in
Fee-tayle
,
or
otherwise
then
in
Fee-simple
.
And
those
who
receive
Clerkes
presented
to
Churches
,
in
prejudice
of
those
to
whom
the
meere
right
in
Fee
doth
appertaine
,
are
bound
to
make
restitution
of
the
damages
,
and
those
who
have
recovered
to
Jurours
by
whom
they
were
certified
of
the
right
of
the
personage
;
and
so
it
appeareth
that
the
punishment
lyeth
more
against
the
Bishops
then
the
presentors
.
And
that
which
enacteth
long
Imprisonment
for
a
punishment
,
is
but
abuse
;
since
none
is
imprisonable
if
not
for
a
wrongfull
imprisonment
.
The
Statute
of
Warranties
is
but
a
revocation
of
Errour
used
against
Law
.
The
Statute
of
Admeasurement
is
reproveable
in
many
points
,
as
to
the
Proclamations
,
since
admeasurement
and
surcharge
are
to
be
by
Jurours
.
The
Statute
of
Measnes
is
reproveable
in
many
points
,
as
it
appeareth
in
the
Chapter
of
Distresses
,
Contracts
,
and
defaults
,
and
the
same
appeareth
in
the
end
of
the
Statute
where
the
Plaintiffes
know
not
a
set
fine
.
The
Statute
of
suspension
of
Writs
in
Eyres
is
reproveable
,
as
repugnant
to
the
great
Charter
,
which
saith
,
we
will
sell
no
Right
,
nor
detaine
it
,
and
wherefore
are
Writs
rebuttable
from
heating
but
for
the
multitude
of
Writs
which
are
,
and
for
the
small
number
of
Justices
the
right
of
many
perish
.
The
Statute
of
obligees
in
Accompt
is
reproveable
in
many
points
,
one
as
to
the
exception
to
the
Persons
,
for
the
Masters
is
ordained
recovery
,
and
to
Serjeants
not
,
when
Auditors
are
assigned
without
the
consent
of
the
servants
.
The
other
,
that
the
Auditors
are
not
tyed
to
allow
any
thing
but
at
their
pleasure
without
punishment
.
Another
,
that
the
recovery
is
ordained
by
detinue
of
the
servants
,
and
not
against
the
Surety
,
not
the
goods
.
Another
,
that
the
Lords
are
not
to
be
Attested
according
as
of
the
servants
.
Another
,
that
the
wickednesse
of
Auditors
remaineth
unpunished
.
Another
of
Outlawry
,
for
none
is
to
be
imprisoned
if
not
for
a
tortious
imprisonment
.
The
Statute
of
Appeales
is
reproveable
in
two
points
,
one
in
the
specialty
of
the
Corporall
punishment
,
and
of
the
Plurality
punishments
,
since
the
redemption
by
a
pecuniary
paine
is
but
the
buying
out
of
the
Corporall
punishment
.
The
other
to
have
jurisdiction
against
the
Abettors
without
originall
Writ
.
The
Statutes
of
Waste
are
founded
upon
Errour
since
waste
is
a
personall
Trespasse
,
and
requireth
other
manner
of
Processes
,
as
appeareth
in
the
Chapter
of
defaults
;
and
to
defend
a
personall
Trespasse
by
Writ
is
but
a
vaine
labour
.
The
Statute
of
not
allowing
a
false
cause
in
the
Essoigne
De
malo
lecti
is
defective
,
for
in
no
Essoigne
for
no
Party
is
any
false
cause
,
or
any
falsity
to
be
permitted
,
not
ought
to
be
profitable
to
any
.
The
Statute
of
Debt
and
Damages
recovered
is
defective
,
for
not
onely
should
such
remedy
be
in
the
Kings
Courts
,
but
it
ought
to
comprehend
in
all
other
Lay
Courts
.
The
Statute
of
those
who
are
dead
without
Wills
is
defective
,
for
it
ought
to
comprehend
Felons
,
and
Fugitives
as
well
as
true
men
;
and
the
King
,
and
all
others
into
whose
hands
their
goods
come
as
well
as
Ordinaties
,
for
none
can
forfeit
the
right
of
another
.
The
Statute
for
allowing
one
manner
of
Exception
in
the
like
Actions
was
not
needfull
to
have
been
made
if
not
for
the
negligence
of
Justices
,
for
every
affirmative
is
encounterable
with
his
negative
at
the
perill
of
the
party
.
The
Statute
of
detinue
of
service
is
a
novelty
daugerous
to
Lords
of
Fees
,
as
appeareth
in
the
Chapter
of
defaults
.
The
Chapter
of
making
new
Writs
had
not
need
to
have
been
made
,
if
the
first
Ordinances
of
Writs
were
observed
.
The
Statute
to
have
remedy
by
Assize
,
of
Novel
disseism
is
reproveable
,
for
as
much
as
it
comprehendeth
not
Lands
charged
with
Villain
Customes
,
not
Lands
holden
for
terme
of
yeares
.
The
point
needed
not
have
forbidden
false
Exceptions
,
if
the
Pleaders
held
themselves
to
the
points
given
in
charge
.
And
as
to
the
point
of
Imprisonment
,
the
Statute
is
reproveable
for
the
reasons
aforesaid
,
and
also
as
to
the
paine
of
double
damages
,
for
the
Law
giveth
a
man
no
more
then
is
his
demand
.
And
that
which
appeareth
in
the
Statute
of
false
Appeales
is
more
errour
then
right
in
the
enacting
the
award
of
amends
to
Defendants
,
whereas
it
is
not
to
the
Plaintiffes
.
And
as
to
the
Writ
to
the
use
of
Sheriffes
in
Disseisin
,
it
is
no
Statute
,
but
it
is
a
thing
at
pleasure
,
and
a
wrong
.
And
that
which
is
used
to
grant
Damages
in
part
,
or
in
all
to
Justices
,
or
to
Clerkes
,
or
to
Ministers
,
or
others
should
be
forbidden
,
as
a
usage
very
full
of
damage
to
the
people
.
And
as
punishments
are
reproveable
in
Novel
Disseisins
,
so
are
they
in
the
Statutes
of
Disseisins
,
Corporall
punishments
neverthelesse
hold
in
such
personall
Trespasses
,
but
in
Reddisseisins
more
then
in
Disseisins
.
The
Statute
which
forbiddeth
that
Writs
of
Oyer
and
Terminer
be
not
Ligirment
granted
is
not
founded
upon
any
Law
,
The
Statute
of
Caption
of
Assizes
thrice
in
the
yeare
is
reproveable
,
as
to
the
adjournment
of
the
Parties
out
of
the
Counties
before
the
Iustices
of
the
Bench
,
who
have
no
jurisdiction
over
those
Pleas
,
since
the
Commissions
are
given
to
Iustices
assigned
.
And
as
to
take
Iuries
and
Enquests
in
their
Counties
,
so
the
Statute
is
not
to
destroy
the
Authours
and
indamage
the
people
.
The
Statute
which
forbiddeth
Iustices
that
they
cause
not
Iurours
say
,
but
their
advice
is
defective
,
as
appeareth
in
the
Chapter
of
Iurours
.
The
Statute
of
Exceptions
allowables
rebutted
by
Iustices
is
not
founded
upon
Law
,
as
appeareth
in
the
Iudgement
of
false
Iustices
,
but
is
when
it
is
in
no
part
fixt
.
The
Statute
of
Rape
is
reproveable
,
for
none
can
ordaine
by
Statute
that
a
veniall
punishment
be
turned
into
a
mortall
,
without
the
consent
of
the
Pope
,
or
the
Emperour
.
The
Statute
that
the
King
hath
the
Suit
in
Rape
,
or
in
Ellopment
of
women
Married
is
reproveable
,
for
none
is
bounden
to
Answer
to
the
Kings
Suit
if
not
by
Appeale
,
or
by
Indictment
.
And
that
which
is
contained
in
it
,
That
Women
should
lose
their
Dower
for
the
sinne
of
Adultery
,
ought
also
to
comprehend
all
Adulterours
,
who
claime
to
hold
the
inheritances
of
their
Wives
by
the
courtesie
of
England
,
so
that
there
be
no
exception
of
persons
.
The
imprisonment
of
the
Alloppors
of
Nunnes
and
their
ransome
is
no
Law
,
but
is
an
errour
in
a
double
manner
,
as
before
is
said
in
many
places
.
The
imprisonment
for
two
yeares
or
more
,
ordained
for
a
Corporall
punishment
to
Ravishers
of
Marriages
is
but
errour
,
for
no
Corporall
punishment
ought
to
be
ordained
but
for
common
profit
,
as
before
appeareth
of
open
Penances
.
And
that
which
is
ordained
of
Proclamations
in
personall
Actions
is
but
abuse
of
Law
,
as
it
is
said
in
the
Statute
of
Moignes
.
The
Statute
which
awardeth
Ransome
is
reproveable
,
for
Ransome
is
nothing
else
then
the
redemption
of
Corporall
punishment
.
The
Statute
of
Distresses
made
by
Baylisses
unknowne
is
distinguishable
,
for
in
torrious
Distresses
without
warrant
the
Iudgement
of
Robbery
holdeth
;
and
by
warrant
is
every
one
receiveable
,
whether
knowne
or
unknowne
.
The
Statute
of
Iurours
is
reproveable
,
for
the
Law
wills
that
the
Plaintiffes
have
the
aide
of
the
Courts
to
cause
the
Witnesses
to
appeare
,
whereby
they
may
the
more
lawfully
helpe
themselves
without
distinction
of
persons
.
And
that
,
that
jurisdiction
is
granted
to
Justices
assigned
to
Oyer
and
Terminer
Plaints
,
without
a
speciall
Commission
is
but
abuse
.
The
Statute
which
awardeth
that
Writ
of
Judgement
be
made
without
warrant
of
originall
Writ
is
nothing
else
then
a
Licence
to
falsifie
the
Kings
Seale
.
The
punishment
of
Sheriffes
ill
answering
is
reproveable
,
as
to
the
punishment
;
for
dis-inheritors
of
the
King
offend
of
the
crime
of
Majesly
,
and
are
by
consequence
punishable
by
death
,
which
ought
not
to
be
in
such
cases
.
And
as
to
issues
the
Statute
is
reproveable
,
for
no
issues
are
awardable
but
after
defaults
in
Actions
mixt
,
and
not
to
the
Kings
use
,
but
for
the
profits
of
the
Plaintiffes
.
The
defaults
made
of
the
Statutes
of
Clerkes
,
Cryers
,
and
other
Officers
of
the
Court
are
but
idle
,
because
they
a●e
not
kept
at
all
.
The
Statute
that
Cognizances
and
Enrolements
which
are
made
in
the
Chancery
,
the
Exchequer
,
and
before
Iustices
be
established
is
an
Authority
of
great
ill
;
for
by
false
enrolements
might
every
one
in
Authority
destroy
those
he
pleased
,
which
should
be
a
great
inconveniency
.
Againe
,
by
this
Statute
Authority
should
accrue
to
Authority
to
the
Chancellor
and
others
to
falsifie
the
Kings
Seale
by
Writs
,
to
give
judgement
without
originall
Writs
.
And
therefore
note
,
that
none
but
the
King
can
receive
Arturnies
in
the
Kings
Court
,
nor
recognitions
bitwixt
Parties
without
warrants
of
originall
Writs
.
The
Statute
of
improvements
of
wasts
and
commons
of
Pasture
is
reproveable
,
and
distinguishable
according
as
hath
been
said
before
.
The
Statute
to
have
view
of
Lands
is
but
a
wrongfull
delay
of
the
right
of
the
Plaintiffes
;
for
the
View
appeareth
sufficient
by
the
Certificate
of
the
Summons
,
upon
what
Tenements
the
Tenants
are
summoned
.
The
Statute
which
forbiddeth
that
no
Officer
of
the
Court
take
any
presentment
of
any
Church
,
not
other
thing
which
is
depending
in
Plea
,
or
in
debate
is
not
kept
.
Reprehensions
upon
the
Statute
of
Gloucesier
,
16.
E.
1.
THe
Statutes
to
recover
Damages
in
Pleas
of
possession
enacted
at
Gloucester
or
else
where
,
and
of
the
horrible
damages
in
waste
are
reproveable
,
for
that
the
Law
giveth
one
no
more
then
is
his
demand
,
and
therefore
it
behooveth
that
the
damages
be
mentioned
in
the
Writs
if
damages
shall
be
awarded
;
for
a
Judge
cannot
exceed
the
points
of
his
Commission
,
and
so
it
would
be
needfull
to
use
it
according
to
the
first
Ordinance
of
Writs
.
And
the
Statute
of
Tenements
alliened
of
Lands
in
prejudice
of
others
is
reproveable
,
for
the
remedy
ought
to
be
such
as
of
Guardians
allienors
,
to
the
dis-inherison
of
the
right
Heires
.
The
Statute
of
Trespasse
pleaded
in
Counties
is
reproveable
for
want
of
distinction
,
for
small
Trespasses
,
Debts
,
Covenants
broken
,
and
such
other
kinds
not
exceeding
forty
shillings
.
Suitors
have
power
to
heare
and
determine
without
Writs
,
by
warrant
of
jurisdiction
Ordinary
,
and
by
Writs
granted
afterwards
;
for
Sheriffes
have
more
jurisdiction
in
their
Writs
vicontiell
then
Justices
of
the
Bench
by
the
Pone
.
And
as
to
the
recovery
of
twenty
shillings
or
more
in
right
of
Essoigne
of
the
Kings
service
not
warranted
the
Statute
is
reproveable
;
for
that
Essoigne
might
be
cast
where
the
Defendant
would
make
default
by
the
adverse
Party
,
and
so
he
should
have
advantage
of
his
malice
.
The
Statute
which
forbiddeth
the
abatement
of
Appeales
is
not
observed
.
The
Statute
which
awardeth
an
innocent
man
to
remaine
in
Prison
,
or
to
have
no
manner
of
punishment
for
necessary
Man-slaughter
;
or
by
mischance
,
where
no
offence
is
found
,
is
but
an
abusion
.
The
Statutes
making
mention
of
London
ought
to
extend
commonly
throughout
the
whole
Realme
.
CHAP.
V.
SECT.
6.
The
reprehensions
of
Circumspectè
agates
,
An.
13.
E.
1.
THe
first
point
which
saith
,
That
the
Kings
prohibition
holds
not
in
correction
of
mortall
offences
where
a
pecuniary
paine
is
enjoyneable
by
Ordinaries
,
is
founded
upon
open
errour
,
and
usage
to
enjoyne
a
pecuniary
paine
for
a
mortall
offence
,
notwithstanding
to
destroy
the
King
;
jurisdiction
.
The
other
points
to
compell
the
Parishioners
by
corrections
to
enclose
Church-yards
,
to
offer
,
to
give
Mortuaries
,
Monies
for
Consessions
,
Chalices
,
Lights
,
Holy
Vestments
,
and
other
adornement
of
Churche
;
are
more
grounded
upon
interest
then
amendment
of
soules
;
and
note
,
that
after
that
they
are
offered
to
God
,
that
they
are
so
spirituall
that
they
are
to
be
expended
but
in
Almes
,
and
spiritually
,
for
they
are
never
to
be
converted
to
Lay
uses
.
And
then
if
any
Parishioner
for
the
hurt
of
the
Parson
of
the
Church
keopeth
back
his
Tithes
,
or
stealeth
them
away
,
or
doth
not
pay
them
duly
or
fully
,
the
same
is
not
punishable
by
a
pecuniary
paine
,
but
by
a
corporall
punishment
.
For
the
Excommunicate
no
pecuniall
paine
was
to
be
for
restitution
or
satisfaction
,
no
more
then
of
a
Pagan
or
a
Jew
,
and
if
they
doe
demand
a
pecuniary
paine
,
there
the
Kings
Prohibition
lyeth
,
and
much
more
in
the
demand
of
Pensions
,
or
of
damages
of
Trespasse
,
or
of
defamation
;
but
of
Pleas
of
correction
where
one
Pleades
onely
Pro
salute
anima
,
the
Kings
prohibition
lyeth
not
.
CHAP.
V.
SECT.
7.
THe
new
Statute
of
Debts
is
contrary
to
Law
,
as
it
appeareth
in
the
Chapter
of
Contracts
;
for
every
imprisonment
of
the
body
of
a
man
is
an
offence
if
not
for
tortious
Judgement
,
and
the
Law
will
not
suffer
any
Obligation
,
or
vicious
Contract
by
intermixture
of
offence
,
and
therefore
it
was
to
be
avoided
as
grounded
upon
an
offence
;
for
no
honest
man
ought
to
agree
to
such
a
Contract
which
causeth
him
to
offend
,
or
to
be
punished
.
Againe
,
it
is
contrary
to
the
Great
Charter
which
enacteth
,
that
no
man
be
taken
,
nor
imprisored
if
not
by
the
lawfull
judgement
of
his
Peeres
,
or
by
the
Law
of
the
Land
.
Here
endeth
the
Mirrour
of
Justices
,
of
the
right
Lawes
of
Persons
according
to
the
ancient
usages
of
England
.
The
end
of
the
fifth
Chapter
,
and
of
the
whole
Booke
.