Statutes of the Realm

ARTICLES UPON THE CHARTERS

For asmuch as the Articles of the Great Charter of Liberties, and of the Charter of the Forest, the which King Henry, Father of the King that now is, granted to his People, for the weal of his Realm, have not been heretofore observed ne kept, because there was no Punishment [executed upon] them which offended against the points of the Charters before mentioned; Our Lord the King hath again granted, renewed, and confirmed them, at the request of his Prelates, Earls, and Barons, assembled in his Parliament holden at Westminster, the eight and twentieth year of his Reign, [and hath ordained, enacted, and established certain Articles] against all them that offend contrary to the points of the said Charters, or any part of them, [or that in anywise transgress them,] in the Form that ensueth:

That is to say, That from henceforth the Great Charter of the Liberties of England, granted to all the Commonalty of the Realm, and the Charter of the Forest, in like manner granted, shall be observed, kept, and maintained in every point, in as ample wise as the King hath granted, renewed, and confirmed them by his Charter. And that the Charters be delivered to every Sheriff of England under the King's Seal, to be read four times in the year before the People in the full County; that is to wit, the next County day after the Feast of Saint Michael, and the next County day after Christmas, and at the next County after Easter, and at the next County after the Feast of Saint John. And for these two Charters to be firmly observed in every Point and Article, where before no Remedy was at the Common Law, there shall be chosen in every Shire Court, by the Commonalty of the same Shire, three substantial Men, Knights, or other lawful, wise, and well disposed Persons, which shall be Justices sworn and assigned by the King's Letters Patents under the Great Seal, to hear and determine without any other Writ, but only their Commission, such Plaints as shall be made upon all those that commit or offend against any point contained in the foresaid Charters, in the Shires where they be assigned, as well within Franchises as without, and as well [for] the King's Officers out of their places, as [for] other; and to hear the Plaints from day to day without any delay, and to determine them, without allowing the delays which be allowed by the Common Law. And the same Knights shall have power to punish all such as shall be attainted of any Trespass done contrary to any Point of the foresaid Charters, where no Remedy was before by the Common Law, as before is said, by Imprisonment, or by Ransom, or by Amerciament, according to the Trespass.

Nevertheless the King, nor none of those that made this Ordinance intend, that by virtue hereof any of the foresaid Knights shall hold any Plea by the power which shall be given them, in such case where there hath been Remedy provided in times passed, after the course of the Common Law by Writ; nor also that any prejudice should be done to the Common Law, nor to the Charters aforesaid in any Point. And the King willeth, that if all Three be not present, or cannot at all times attend to do their office in form aforesaid, that Two of them shall do it. And It is Ordained, that the King's Sheriffs and Bailiffs shall be attendant to do the commandments of the foresaid Justices, as far forth as appertaineth unto their Offices. And besides these things granted upon the Articles of the Charters aforesaid, the King of his special Grace, for redress of the Grievances that his People hath sustained by reason of his Wars, and for the amendment of their Estate, and to the intent that they may be the more ready to do him service, and the more willing to assist and aid him in time of need, hath granted certain Articles, the which he supposeth shall not only be observed of his liege People, but also shall be as much profitable, or more, than the Articles heretofore granted.

2. [Secondarily:] Forasmuch as there is a great Grievance in this Realm, and damage without Measure, for Purveyors. that the King and the Ministers of his House, as well [of Aliens] as Denizens, do make [great Prises] where they pass through the Realm, and take the goods as well of Clerks as of Lay People, without paying therefore any thing, or else much less than the value: It is Ordained, that from henceforth none [do take any What they such Prises] within the Realm, but only the King's shall take. Takers, and the Purveyors for his House; and that the King's Takers and Purveyors of his House shall take nothing, but only for his House. And touching such Payment things as they shall take in the Country, of meat and thereof. drink, and such other mean things necessary for the House, they shall pay or make agreement with them of whom the things shall be taken. And that all the King's Takers, Purveyors, or [Catours,] from henceforth shall have their Warrant with them, under the King's great or petty Seal, declaring their authority, and the things whereof they have power to make Prise or Purveyance; the which Warrant they shall shew unto them whose goods they take, before they take any thing. And that those Takers, Purveyors, or [Catours] for the King, shall take no more than is needful or meet to be used for the King, his Houshold, and Children. And that they shall not take any thing for them that be [in Wages] nor for any other. And that they shall make full answer in the King's House, or in the Wardrobe, for all things taken by them, without making their largesses any other where, or liveries of such And if things as [they have "] taken for the King. Taker for the King's House, by reason of his War for undue rant, make any Prise or Livery, otherwise than before is Purveyance. mentioned, upon complaint made to the Steward and to the Treasurer of the King's House, the truth shall be enquired. And if he be attainted thereof, he shall forthwith [make agreement with] the Party, and shall be put out of the King's Service for ever, and shall remain make in Prison at the King's pleasure. And if any Taking Prise without Warrant, and carry it away against the without will of the Owner, he shall immediately be arrested by the Town where the Prise was made, and shall be committed to the next Gaol; and if he be attainted thereupon, it shall be done unto him as unto a Felon, if the quantity of the Goods do so require. And concerning Prises made in Fairs, and good Towns, and in Ports for the King's great Wardrobe, the Takers shall have their And for common Warrant under the Great Seal. the things that they shall take, it shall be testified under the Seal of the Keeper of the Wardrobe; and of those things [that they have taken,"] the number of the things, the quantity, and the value, [shall be specified in a Divident made] between the Takers and the Keepers of Fairs, Mayors, or chief Bailiffs of Towns and Ports, by the view of Merchants, whose Goods shall be so taken; and they shall not be suffered to take any more than is contained in their Divident; and the said Divident shall be taken into the Wardrobe under the Seal of the Warden, Mayor, or Chief Bailiff aforesaid, and there shall remain until the accompt of the Keeper of the King's Wardrobe: And if it be found, that any hath taken otherwise than he ought to do, upon his accompt he shall be punished by the Keeper of the King's Wardrobe after his desert; and if any make such Prises without Warrant, and be attainted thereupon, he shall incur the same Pain as they which take Prises for the King's House without Warrant, as before is said. Nevertheless the King and his Council do not intend, by reason of this Estatute, to diminish the King's Right, for the ancient Prises due and accustomed, as of Wines and other Goods, but that his Right shall be saved unto him whole in all Points.

3. Concerning the Authority of [Stewards'] and Marshals, and of such Pleas as they may hold, and in what manner, It is ordained, that from henceforth they shall not hold Plea of Freehold, neither of Debt nor of of the King's Covenant, nor of any Contract made between [the King's] People, but only of Trespass done within the House, and of other Trespasses done within the Verge, and of Contracts and Covenants that one of the King's House shall have made with another of the same House, and in the same House, and none other where. And they shall plead no Plea of Trespass, other than that which shall be attached by them before the King depart from the Verge where the Trespass shall be committed; and shall plead them speedily from day to day, so that they may be pleaded and determined before that the King depart out of the limits of the same Verge where the Trespass was done. And if it so be that they cannot be determined within the limits of the same Verge, then shall the same Pleas cease before the Steward, and the Plaintiffs shall have recourse to the common Law. And from henceforth the Steward shall not take Cognisance of Debts nor of other things, but of People of the same House, nor shall hold none other Plea by Obligation made at the distress of the Steward and of the Marshals. And if the Steward or Marshals do any thing contrary to this Ordinance, it shall be holden as void. And Forasmuch as heretofore many Felonies committed within the Verge have been unpunished, because the Coroners of the Country have not been authorized to enquire of such manner of Felonies done within the Verge, but the Coroner of the King's House, which never continueth in one place, by reason whereof there can be no Trial made in due manner, nor the Felons put in exigent, nor outlawed, nor any thing () presented in the Circuit, the which hath been to the great damage of the King, and nothing to the good preservation of his Peace; It is Ordained, that from henceforth in cases of the death of Men, whereof the Coroner's Office is to make View and Enquest, it shall be commanded to the Coroner of the Country, that he, with the Coroner of the [King's] House, shall do as belongeth to his Office, and inroll it. And that thing that cannot be determined before the Steward [where] the Felons cannot be attached or for other like cause, shall be remitted to the Common Law, so that Exigents, Outlawries, and Presentments, shall be made thereupon in Eyre by the Coroner of the Country, as well as of other Felonies done out of the Verge: Nevertheless they shall not omit, by reason hereof, to make Attachments freshly upon the Felonies done.

4. No Common Pleas in the Exchequer. Moreover no Common Pleas shall be from hence. forth holden in the Exchequer, contrary to the Form of the Great Charter.

Continues.