to cause to stand de Gloucester Heights year  Edward this parliament be hold  at Gloucester border upon Wales for the better preservation of peace in Wales  lluellin prince of Wales and the welshmen be a little before this parliament  bring to quietness the year of grace m c c lxviii and the six of the reign of  king Edward son of king Henry at Gloucester in the month of August the king  himself provide for the amendment of his realm and for a full Administration  of justice as the good of the kingly office require have call unto he the more  discreet person of his kingdom as well of the great as of the less it be  establish and ordain with one accord that whereas the same kingdom in many  diverse case as well of franchise as of other thing wherein aforetime the law  have fail and to avoid the grievous damage and innumerable disherison which  this default of the law have cause to the people of the realm have needs of  diverse addition to the law and of new provision therefore the statute  ordinance and provision under write shall be steadfast observe by all the  people of the kingdom whereas the prelate earl baron and other of the kingdom  claim to have diverse franchise for the examination and judgement whereof the  king have appoint a day to the say prelate earl baron and other it be provide  and grant with one accord that the aforesaid prelate earl baron and other may  use such sort of franchise so that nothing accrue to they by usurpation or  occupation and that they occupy nothing against the king until the next come  of the king through the county or the next come of the justice in Eyre for  common plea into the same county or until the king shall otherwise order save  the king right when he shall put the same in suit accord to what be contain in  the king Writ and hereof writ shall be issue to the sheriff bailiff and other  in behalf of every demandant and the from of the Writ shall be change accord  to the diversity of the franchise that each man claim and the sheriff shall  cause it to be common proclaim throughout their Bailliwicks that be to say in  city borough market town and elsewhere that all those who claim to have any  franchise by the charter of the king predecessor king of England or in other  manner shall come before the king or before the justice in Eyre at a certain  day and place to show what sort of franchise they claim to have and by what  warrant and the sheriff themselves shall then be there in their proper person  with their bailiff and officer to certify the king upon the aforesaid  franchise and other matter touch the same and this proclamation before the  king shall contain warn of three week and in like manner shall the sheriff  make proclamation in the circuit of the justice and in like manner shall come  in their proper person with their bailiff and officer to certify the justice  of such sort of franchise and other matter touch the same and this  proclamation shall give warning of forty day as the common summons contain so  that if the party who claim the franchise come before the king he shall not be  put in default before the justice in Eyre forasmuch as the king of his special  grace have grant that he will save the party harmless in respect of this  adjournment and if any such party be implead upon such sort of franchise  before two of the aforesaid justice the same justice before who the party be  in plea shall save he harmless before other justice and the king likewise  before himself when he shall know from the justice that the party be in plea  before they as it be before say and if they that claim to have such franchise  come not at the day aforesaid then the franchise shall be take into the king  hand by the sheriff of the place in name of distress so that they shall not  use such sort of franchise until they come to receive justice and when they  come upon that distress their franchise shall be replevied if they demand they  upon which replevin they shall answer forthwith in the from aforesaid and if  peradventure the party except that they ought not to answer thereupon without  a original Writ then if it can be know that they have by their own act usurp  or occupy any franchise upon the king or his predecessor they shall be tell  forthwith to answer without Writ and shall thereon receive such judgement as  the king court shall award and if they allege further that their ancestor or  ancestor die seize of the same franchise they shall be hear and forthwith  inquiry shall be make of the truth and accord thereto the justice shall  proceed in the business and if it be find that their ancestor die seize  thereof then the king shall have a original Writ out of his chancery in the  from make for that purpose the king to the sheriff greeting summon by good  summoner such a one that he be before they at such a place upon our next come  into the county or before our justice at the first assize when they shall come  into those part to show by what warrant he hold his view of frankpledge in his  manor of n in the same county and let the sheriff have there the summoner and  this Writ or thus by what warrant he hold the hundred of b in the county  aforesaid or thus by what warrant he claim to be quit of toll for he or his  man throughout our realm by continuance after the death of such a one late his  predecessor and have there the summoner and this Writ and the from of the writ  shall be charge accord to the diversity of the franchise and of the case and  accord to the discretion of the chancery and of the justice and if the party  come at the day let they answer whereupon replication shall be make and  judgement give and if they come not neither essoin themselves before the king  and the king tarry long in that county the sheriff shall be command to cause  they to appear at the four day at which day if they come not and the king  tarry long in that county the proceed shall be as it be in the circuit of the  justice and if the king depart out of that county the party shall be adjourn  unto a short day and shall have reasonable delay accord to the discretion of  the justice as in action personal and the justice in Eyre shall proceed herein  in their circuit accord to the ordinance aforesaid and accord as such sort of  plea ought to be proceed upon in the Eyre concern complaint make and to be  make of the king bailiff and of other bailiff it shall be do accord to the  ordinance before make thereof and accord to the inquest before have thereupon  and the justice in Eyre shall do therein accord to what the king have enjoin  they and accord to the article which the king have give they in charge year of  grace this shall be for that be year  Edward this parliament be hold in August  year  Edward for be in Henry this chapter concern liberty and franchise and  the quo warranto and entitle to cause to stand de quo warranto have be suppose  by many to be enact in Latin year  Edward and therefore some have omit to  insert it in the year but it be utter mistake for the king in the year do  publish and proclaim this Act under the great seal and do recite it to be make  year  dom and in the year of his reign vide Edward Inter original de year   Edward breve de freedom allocandis and there be another statute make in Edward  call to cause to stand de quo warranto novum so call in respect of this former  statute and beside the statute in French differ from the recital thereof in e  which for that it agree with the record we will follow it when we come to the  body of the Act provide for the amendment of his realm and for a full  Administration of justice which by the say proclamation in e be render thus  and royal power Himself England meliorationem display justiciae full two  excellent end of a parliament royal power a bettering that be for the common  good of the kingdom the parliament be common concilium and display justiciae  full for nothing be more glorious and necessary then full execution of justice  and it be add prout royal duty to ask earnestly usefulness and accord at this  parliament many profitable and just law be make as one speak of this  parliament say true in quo quaedam de royal power position decree are who nunc  ut jura justice full maxim to seize for use and that I may speak once for all  it be worthy of observation that the statute make in this noble king time be  so agreeable to common right and equity as few or none of they have be  abrogate but be find upon these two pillar the amendment of the kingdom and  the due execution of justice remain and continue as just and constant law to  this day such manner of liberty for the better understanding of this Act it  shall be necessary out of history to show the cause of the make hereof the  truth be that the king want money there be some innovatores those day that  persuade the king that few or none of the nobility clergy or commonalty that  have franchise of the grant of the king predecessor have right to they for  that they have no charter to show for the same for that in troth most of their  charter either by length of time or injury of war insurrection or by casualty  be either consume or lose whereupon as common new invention have new way it be  open proclaim that every man that hold those liberty or other possession by  grant from any of the king progenitor shall before certain select person  thereunto appoint show quo jure in what manner nomin ill to hold back c  whereupon many that have long continue in quiet possession be take into the  king hand eastern quoth nula tabella to agree hereof the story say look be  omnibus proclamation of this sort post man born long harsh who fremitus man  how angry animi  how much in hatred  princeps be repent begin the good king  understanding hereof and find himself abuse by ill counsel and consider the  statute of great Charta at the parliament hold in the end of his four year by  proclamation and at the petition of the lord and of the Commons now at this  parliament by authority of parliament provide remedy as hereafter you shall  hear this be full agree upon in all our history only the time in some of they  as oftentimes in other case it fall out be mistake which by this Act shall be  rectify accord to true chronology and likewise agree it be right say  harmoniously concession for that the say innovation be like to have be a cause  of great discord between the king and the better sort of his subject that the  say prelate earl baron and other shall use such manner of liberty after the  from of the writ here follow this from of a Writ be more satisfactory then any  other from be and this be the ancient use come recently in parliament our men   at Westminster that be in the last parliament hold after Michaelmas towards  the end of the four year of his reign therefore the great grievance abovesaid  must be before that parliament for the cure be after the disease and the  remedy after the grievance to see in advance sit et Proclamatum but this be  never that I can find record now by this Act it be provide that a Writ shall  be grant who thus far reasonably use are see the register de freedom  allocandis f n b usque and arrival nostrum per county  prediction well usque  neighbor arrival justice Itinerantium c that be until the court of king bench  come thither or the next come of the justice in Eyre so all man shall quiet  enjoy their franchise which they have reasonable use until the court of king  bench or until the justice in Eyre come into that county here it be to be  observe that this good king and his Council in parliament refer the party  grieve to a legal proceed which imply that a contrary course be hold before  but you will demand what remedy be this for he that can not produce his  charter to be leave to the law I answer that this be a full and perfect remedy  accord to justice and right for the better apprehension whereof these  distinction be to be observe first these franchise intend by this Act be of  two sort the one may be claim by usage and prescription as wreck of the sea  waste stray fair market and the like which be gain by usage and may become due  without matter of record and felon good outlaw good and the like which grow  not due but by matter of record and therefore can be claim by usage in paiis  but by charter and yet all these at the first be derive from the crown second  judge duty be ut res ita time a thing to seek all these be grant either before  the time of memory or after the time of memory if before the time of memory  then for the former sort such as may be claim by prescription the party grieve  may prescribe and by law he ought to be relieven and for such as lie in point  of charter grant before time of memory the party grieve have two remedy either  by allowance or confirmation by allowance in the king bench or before the  justice in Eyre and in some case before the justice of the court of common  plea and in the exchequer or by confirmation of the king under the great seal  and these be sufficient for he without show the charter and the equity of the  law herein be notable for that no charter before time of memory be pleadable  by law if these franchise either of the one sort or other be grant within  memory yet if the same have be allow as be aforesaid the same may also be  claim by force of the charter and allowance without show the charter because  it have be adjudge and allow of record and it be to be know that all franchise  which any man have either by prescription or by charter ought to be claim  before justice in Eyre or else for non-claime the same may be leave as  hereafter shall be say so as the remedy provide by this Act be plenary and  perfect to give relief to they that right have to this for the time may be add  that ancient charter whether they be before time of memory or after ought to  be confirm as the law be take when the charter be make and accord to ancient  allowance now what time of memory be see the first part of the institute sect  but now by the statute of Edward and Elizabeth there be further remedy give  for albeit the charter or letter patent be lose yet the exemplification or  constat of the roll may be show forth c and when any claim before the justice  in Eyre any franchise by a ancient charter though it have express word for the  franchise claim or if the word be general and continual possession plead of  the franchise claim or if the claim be by old and obscure word and the party  in plead expound they to the court and aver continual possession accord to  that exposition the entry be ever to seek after super possession use c which I  have observe in diverse record of those eyres agreeable to that old rule good  interpreter a thing use to have praemunitionem per die this be by Writ of the  common summons of the Eyre by the space of day before the sit of the justice  in Eyre now leave all that be evident and needs no exposition let we come to  the next that be worthy of observation et si fort To take out quoth non  to hold without shorten here be a ancient maxim in the law employ that regular  no man ought to answer for his freehold franchise or other thing without  original Writ secundum law terrae and that the statute to that end provide be  but declaration of the ancient commonlaw as here it be to be see in case of  franchise in the king own case et si beyond to say quoth he that goes before  Himself ind to go seisiti at once to hear at once veritas to seek after c by  this be appear that a descent of franchise do put the king to his Writ of quo  warranto which Writ be here express and note that the quo warranto be in  nature of the king Writ of right for franchise and liberty wherein judgement  final shall be give either against the king for the point adjudge or for the  king and the salvo jure for the king serve for any other title then that which  be adjudge and therefore William de Penbrogge the king attorney for prosecute  of a quo warranto against the abbot of Fischamp for franch within the manor of  Steynings without teaching be commit to the gaul et si non to come c  to take beforehand vicecom quoth to make eos venire c fiat as in journey  justice if before the justice in Eyre the party come not the franchise shall  be seize into the king hand nomin destruction which the party in the same Eyre  may repleuie but if he do not repleuie they while the Eyre sit in that county  the franchise be lose and forget for ever therefore if the party now upon the  venire facias which this Act do give come not while the Eyre sit in that  county the franchise be lose for ever and so it be in the king bench if the  party come not in upon the venire facias during that term and repleuie his  franchise they be lose for ever and therefore we concur not with that chief  justice that say that non-claim of liberty before justice in Eyre lose the  liberty for that say he be but of the king grace to grant a repleuie of they  and not of right for this opinion be against the authority of our book and the  continual practice before the justice in Eyre see the statute of e de quo  warranto novum and de tallagio non  to go away de complaint factiset to make  de bailiff king another fiat secondum in ranks prius ind fanctam that be  accord to the article of the justice in Eyrecalled capitula journey collect  and authorize among other thing as here it appear by ordinance of parliament  and enter into the parliament roll which you may see in old great Charta fol c  juxta point of time the same justice our men  tradit the French say Solonque  less article and Le roy lour and liver these article be deliver by the king to  the justice in Eyre to be inquire of hear and determine by they through all  the county of England which afterward be increase as by the same may appear