chapter all merchant if they be not open prohibit before shall have their safe  and sure conduct to depart out of England to come into England to tarry in and  go through England as well by land as by water to buy and sell without any  manner of evil toll by the old and rightful custom except in time of war and  if they be of a land make war against they and be find in our realm at the  beginning of the war they shall be attach without harm of body or good until  it be know unto they or our chief justice how our merchant be entreat there in  the land make war against they and if our merchant be well entreat there they  shall be likewise with they all merchant this chapter concern merchant  stranger first it be to be consider what the ancient law before this statute  be concern this matter by the ancient king among who king Alfred be one  defendu to be and nul merchant alien ne hantast d'angleterre chance increase  foires ne and nul demurrast in a terre ouster jours Mercator a vessel well  unfriendly indeed  quaecunq ex alto no one to scatter season in port  once  invehe calm weather pace fruanto quin now too si maris acta wave and residence  some illustre ac peace kindness gift ship to drive to enemy  atq thither  sailor to flee Self res that all a litle of the mother pace potiunto it be to  be see what this statute have provide that before this statute merchant  stranger may be public prohibit publice to hold before and this prohibition be  intendable of merchant stranger in amity for this Act provide afterward for  merchant stranger enemy and therefore the prohibition intend by this Act must  be by the common or public Council of the realm that be by Act of parliament  for that it concern the whole realm and be employ by this word publice that  all merchant stranger in amity except such as be so public prohibit shall have  safe and sure conduct in thing to depart out of England to come into England  to tarry here to go in and through England as well by land as by water to buy  and to sell without any manner of evil toll by the old and rightful custom now  touch merchant stranger who sovereign be in war with the king of England there  be a exception and provision for such as be find in the realm at the beginning  of the war they shall be attach with a privilege and limitation videlicet  without harm of body or good with this limitation until it be know to we or  our chief justice that be our guardien or keeper of the realm in our absence  how our merchant there in the land in war with we shall be entreat and if our  merchant be well entreat there they shall be likewise with we and this be law  pretty et in to make public maxim to retain are jura pretty but for such  merchant stranger as come into the realm after the war begin they may be deal  withal as open enemy and yet of ancient time three man have privilege grant  they in time of war clergyman Agricola Mercator tempore pretty ut oretq  strain  to alter wholly pace to derive enjoyment from a the end of this  chapter be for advancement of trade and traffic the mean for the well use and  entreat of merchant stranger in all the particular aforesaid be a matter of  great moment as appear by many other act of parliament for as they be use here  so our merchant shall be deal withal in other country evil toll b evil toll  this word tolnetum and customs post and theolonoium be all one and do signify  in a general sense any manner of custom subsidy prestation imposition or sum  of money demand for export or import of any ware or merchandise to be take of  the buyer in both these sense it be here take of several kind of toll more  shall be say hereof in theexposition of the statute of wonder and wonder in  the mean time see John web case lib fol c they be call mala tolneta when the  thing demand for ware or merchandise do so burden the commodity as the  merchant can have a convenient gain by trade therewith and thereby the trade  it self be lose or hinder and in diverse statute maletout for maletot or  maletout be a French word and signify a unjust exaction now this Act after it  have deal privatively without omnibus malis tolnetis it go on for more surety  affirmative by the old and rightful custom that be by ancient and right duty  due by ancient and lawful custom which have be the ancient policy of the realm  to encourage merchant stranger they have a speedy recovery for their debt and  other duty c per law Mercator which be a part of the commonlaw this word  custom have in law diverse signification for the commonlaw as custom England  for statute law as contra experience common council royal power edit for  particular custom as gavelkind borough English and the like for rend service c  due to the lord as custom the condition of a slave for custom tribute or  imposition as de perf. of nosco custom P. of  in royal power sive in land sive  in water subsidy or custom grant by common consent that be by authority of  parliament pro good public and these be ancient virtue custom intend by this  Act this agree with that which have be say before in the end of the exposition  upon the eight chapter hereby it appear that the king can set any new impost  upon the merchant and therefore this Act provide not only affirmative  videlicet per antiquity virtue custom but privatively also without omnibus  malis tolnetis within which word new imposition be include and be here call  mala tol highest note in tetrachord as opposite to ancient and rightful custom  or subsidy grant by authority of parliament and where some have suppose that  there be a custom due to the king by the commonlaw as well of the stranger as  of the English call ancient custom videlicet for wool wool fall and leather  that be to say for every sack of wool contain stone and every stone pound way  d and for a last of leather thirteen S four d certain it be that those custom  have their beginning by common consent by Act of parliament for king Edward  the first by his letter patent recite come to bear before magnate all  partnership a certain new experience we heir our men  de wool skin plant  videlicet de sack wool dimid Marc de skin dimid Marc de lasto plant thirteen S  four d.&c herein four thing be to be observe that these custom have their  creation by authority of parliament and be not by the commonlaw appear by  these word a certain new experience so as it be new and not old that this new  custom be grant to king Edward the first prove by this word we that it be  grant at the parliament hold Edward common call wonder though the record  thereof can be find for the say patent bear date Nov year  Edward which be  near the end of that year and the parliament be hold in enclosed space pasch  before that here custom signify a custom or subsidy grant by common consent by  parliament and in that sense it be here take and likewise in the statute of  Henry to cause to stand de Scaccario for in Henry proclamation be make contra  to bring under c king velle to drive out tallagia Unusual to lead in  foreigner  and herewith agree the Act of parliament common call confirmation  cartar which be but a explanation of this branch of great Charta wherein it be  enact that for no occasion any aid task or take shall be take by the king or  his heir but by the common assent of the realm save the ancient aid and take  due and accustom and whereas the most of the whole commonalty of the realm  find themselves hardly grieve of the maletont or ill toll of wool that be to  say of every sack of wool S and pray the say king to release the same  thereupon the say king do release the same and grant further for he and his  heir that no such thing shall be take without their common assent and their  good will and in that Act there be a save Sauve a nous nous heir la custom de  laynes pealx quiures avaunt grante per la commonalty avandit so as this Act of  parliament prove that the say custom of way S d for wool and thirteen S four d  for leather be grannted by parliament by the statute de tallagio non   to go away which be but a explanation of this branch of the statute of great  Charta it be provide no one tallagium well help per our well haeredes our men   in royal power our men  to put down seu to lift up without will assent  an archbishop an overseer comrade baron soldier burgensi another liberor  comrade de royal power our men  so as Edward in conclusion add the effect of  the clause concern this matter which in his exemplification he have omit out  of great Charta see cap journey de perf. of nosco custom P. of  in royal power  sive in land sive in water c where custom be take for custom upon grant to  merchant stranger of diverse privilege liberty and immunity they grant to the  king and his heir de quoliber sack wool d de growth ultra custom ancient dimid  Marc who prius to be to unravel such pro lasto a plant dimid Marc de  trescentis skin bearing wool d ultra that which is fixed mock quoth ancient  custom to be prius datum note here the custom which be grant Edward be here  call ancient custom and this new custom to call new custom and sometime the  one be call great custom and the other little custom here it appear that  merchant stranger pay the former custom moreover by that charter poundage of  three penny upon the pound be grant to the king and his heir by the merchant  stranger et de whithersoever you please vines in a vineyard in rows nomin  custom duos solid figure c and this at this day be call butlerage and be pay  only by merchant stranger but prisage be pay by the English only except the  citizen of London and this be a ancient duty for I find it account for in the  reign of h by the king butler and be call determined prisa which at the first  be grant in lieu and satisfaction of purveyance for wine and last by that  charter it be grant quoth nullaexactio prisa well payment  or some other onus  super personas trader  see ali predict seu good the same  for a certain distance to place upon contra form to press out superius  concession so as no imposition can be set without assent of parliament upon  any stranger it be order and resolve by diverse prelate earl and baron by  force of the king Commission that no new custom can be levy nor ancient  increase without authority of parliament for that shall be against the  magnacarta year  Edward rot parliament nu that no tallage shall be assess but  in such manner as it have be in time of his ancestor and as it ought to be and  disannul all other in year  Edward it be make felony to carry wool out of the  realm the end whereof be that our wool shall be drape into cloth but the king  want make this use of this Act in the and year of his reign he make  dispensation of that statute in consideration of money pay but that statute  live not long in Edward a great imposition be set upon wool and it be call a  great wrong come a people royal power our men  A small city of the Sabines  load tallagiis impositionibus as far as this very heavy quoth to feel pain  to strike back and there do excuse himself note here be the word impositiones  first use impose by any king in any record that I have observe and do remember  year  Edward cap a subsidy grant to the king of wool woolfells and leather c  by parliament for a certain time in respect of the war for which the king  grant that after that time be nor his heir will take more then the old custom  after this time end the king enter into a new device to get money videlicet  that by agreement and consent of the merchant the king be to have S of a sack  of wool c but hereof the Commons that in troth be to bear the burden for the  merchant will not be the loser complain in parliament for that the grant of  the merchant do not bind the Commons and that the custom may be take accord to  the old order which in the end be grant and that no grant shall be make but by  parliament no charge shall be levy of the people if it mere not grant in  parliament in Edward by authority of parliament a custom be grant of cloth for  that the wool be for the most part convert into cloth which you may see in  Orig scaccar Edward rot by the statute of Edward cap in print a subsidy of  every cloth to take of the seller over the custom thereof due that be such as  then endure for a time and be grant by parliament that be to say of every  cloth of assize wherein there be no grain d c and here it be worthy of  observation that there be two cause of the make of this statute for that for  cloth no custom be due other then by the Act of Edward for that wool be  convert to a manufacture and make into cloth the ancient custom of dimid mark  for a sack of wool be not by law Payable because the wool be turn into another  kind albeit the cloth be make of the wool and this do notable appear by the  record of the exchequer one of they in the same year that the Act of Edward be  make ac jam great pars wool speech royal power our men  to the same place  royal power pannificetur de how custom largely we non be to loosen and there  it appear that that be the cause of give to the king a subside for cloth by  the say Act of parliament of Edward and yet if in any case the king by his  prerogative may have set any imposition he may have set in that case because  as it appear by the record by make of cloth he lose the custom of wool rot  parliament Edward no imposition or charge c shall be set without assent of  parliament Edward Richard lion a merchant of London punish for procure new  imposition and so be the lord Latimer the king chamberlain and in the same  parliament nu upon complaint that new imposition be set the king in parliament  assentedthat the ancientcustomeshouldbeholden and no new imposition set in the  reign of Edward the first the black prince of Waleshaving Aquitaine grant to  he do lie a imposition of suage or focage a hearth upon the subject of that  dukedom videlicet a shilling for every fire call hearth silver which be of so  great discontentment and odious to they as it make they to revolt and no king  since this time impose by pretext of any prerogative any charge upon  merchandise import into or export out of this realm until queen mary time see  the statute of Richard cap rot parliament Henry num and in Henry the subsidy  of tunnage and poundage be grant to king Henry during his life in respect of  the recovery of his right in France which be the first grant for life of that  kind yet therein be a proviso that the king shall not make a grant thereof of  any person nor that it shall be any precedent for the like to be do to other  king afterward but yet all the king after he have have it for life so forcible  be once a precedent fix in the crown add what proviso you will and this grant  by parliament of the subsidy of tunnage and poundage to the king be a argument  that the king take it of the gift of the subject have no power to impose it  himself the lord and Commons can be charge with any thing for the defence of  the realm for the safeguard of the sea c unless it be by their will in  parliament that be in the grant of a subsidy whereunto the king assent non  to be able king to put under to shine back to load impositionibus king Philip  and queen marry grant by letter patent to the major bailiff and burgess of  Southampton and their successor that no wine call Malmeseyes to be import into  this realm by any denizen or alien shall be discharge or land at any other  place within this realm but only at the say town and port of Southampton with  a prohibition that none shall do to the contrary upon pain to pay Triple  custom to the king and queen c and for that Anthony Donate Thomas Frederico  and other merchant stranger buy diverse butt of malmsey c and land they at  goore and in ken Gilbert Gerard the attorney general inform in the exchequer  against the say merchant stranger for the say Triple custom c upon which  information as to the say Triple custom the say Anthony Donat demurrer in law  c and this case be argue in the exchequer Chamber by counsel learned on both  side and upon conference have two point be resolve by all the judge that the  grant make in restraint of land of the say wine be a restraint of the liberty  of the subject against the law and statute of the realm that the assessment of  Triple custom be mere void and against the law as it appear by the report of  the lord dier under his hand which I have in my custody but after by Act of  parliament in year  Elizabeth the say charter be establish as to merchant  stranger only but not against subject and where impost or imposition be  general nam in diverse act of parliament the same be to be intend of lawful  imposition as of tunnage and poundage or other subsidy impose by parliament  but none of those act or any other do give the king power at his pleasure to  impose see the first part of the institute sect it be then demand by what law  custom be pay for Kerseyes white plain strait and other new drapery make of  wool for it appear by act of parliament and common experience that all these  pay custom to the king to this it be answer that a proportionable subsidy or  custom be pay for they within the equity of the say statute of Edward cap and  likewise a proportionable alnage be also due for they by that Act hill pasch  year  James king great question be move whether Frisadoes baize Northern  cotton Northern dozen Cloth rash durances Perpetuanoes Juft mocadoes sackcloth  fustian worsted stuff make of worsted yarn c be within the say Act of Edward  as concern the subsidy and alnage and if they be not whether the king by his  prerogative may not impose a reasonable subsidy or custom upon they  proportionable to the cloth mention in the statute of Edward and this be  question before the lord of the Council they write to the judge to be certify  what the law be in these case who upon mature deliberation the of June resolve  and so certify the lord by their letter under all their hand that all  Frisadoes baize Northern dozen Northern cotton Clothrash and other new drapery  make whole of wool of what new name soever make as new drapery for the use of  man body be to yield subsidy and alnage accord to the statute of e and within  the office oftheauncient alnager as may appear by several decree in that  behalf in the exchequer in the time of the late queen but as touch fustian  canvas and such like make mere of other stuff then wool or be but mix with  wool it be resolve by all the judge note this that no charge can be impose for  the search or measure thereof but that all such letter patent so make be void  as may appear by a record of Henry wherein the reason of the judgement be  particular recite which the judge think good in their letter to set down as  follow king Henry the four grant the measure of woollen cloth and canvas that  shall be bring to London to be sell by any stranger or denizen except he be  free of London take a ob of every whole piece of cloth so measure of the  seller and one other ob of the buyer and so after that rate for a great or  lesser quantity and one penny for the measure of a c else of canvas of the  seller and so much more of the buyer and though it be aver that two other have  enjoy the same office before with the like fee videlicet one Shearing by the  same king grant and one Clithew before by the grant of Richard and the truth  be Robert pooley in Edward and John mareis in Edward have likewise enjoy the  same yet among otherreasons of the say judgement it be set down and adjudge  that the former possession be by extortion cohertion and without right and  that the say letter patent be in onerationem a pressing down depauperationem  to put under domini king c non in correction the same poplar tree and  therefore the say letter patent be void and as touch the narrow new stuff make  in Norwich and other place of worsted yarn it be resolve that it be not  grauntable nor fit to be grant for there be never any alnage of Norwich  worsted and for these stuff if after they be make and tuck up for sale by the  maker thereof they shall be again open to be view and measure they will not  well fall into their old plight c as by the say letter it more at large appear  these letter be open read at the Council table and well approve by the whole  Council and the lord command the same to be keep in the Council Chest to be a  direction for they to answer suitor in these case but these judgement in the  exchequer have be cite for proof that the king have power to set imposition  upon merchandise export and import a judgement give in the exchequer in a  information against germane Cioll for S set by queen marry upon every tun of  wine of the growth of France to be bring into the realm but the case there be  this the attorney general inform that where king Philip and queen marry by  their proclamation of Mars in the and year of their reign do will and strait  command that no wine of the growth of France shall be bring into this realm  without special licence of the say king and queen under pain of forfeiture of  such wine to the king queen cumq now too dict recently king queen de  advisamento council Himself and tunc ordinaver to decide quoth who mask who in  hoc kingdom England to lead in hujusmodi vina contra form proclamationis  predict to loosen pro whithersoever you please large earthenware vessel   hujusmodi vines in a vineyard in rows S peremptory or urgent call impost c and  that germane ciol against the from and effect of the say proclamation have  bring into the realm tun of wine of the growth of France and have not pay S  for each and every tun the defendant plead a licence from the say king and  queen date the of December year  to bring into the realm tun of wine of the  growth of France in stranger bottom with a non to stand before of any law  statute or proclamation make or to be make to the contrary whereupon the  demurrer be join in this record these thing be to be observe first that a  proclamation prohibit importation of wine upon pain of forfeiture be against  law for it appear not that any war be between the realm the proclamation be  make of purpose to set a imposition for the S be impose upon they only and  upon such as shall bring in wine against the say proclamation so as the  proclamation be the ground of this information the king and queen by advice of  their Council do order and decree c and show not how or by what mean this  order and decree be make the plead of such a former licence so insufficient  show that it be by agreement and consent the executor of customer smith be  charge in a special information for receive a imposition of three S four d set  by queen Elizabeth under her privy signet upon every hundred weight of allome  make within the dominion of the pope and judgement in the exchequer be give  against they the reason of this judgement be for that customer smith receive  the same as due to the queen and the issue be join quoth prediction executor  non to hold and computation c and the validity of the imposition be never  question a judgement be give in the exchequer for a imposition set upon  currant but the common opinion be that that judgement be against law and  diverse express act of parliament and so by that which have be say it do  manifest appear to conclude this point with two of the maxim of the commonlaw  Le common lie and tielment admeasure less prerogative Le roy and ilz ne  tolleront ne prejudiceront Le inheritance dascun the commonlaw have so  admeasured the prerogative of the king that they shall not take away nor  prejudice the inheritance of any and the best inheritance that the subject  have be the law of the realm nothing tam proprium be command how law live upon  this chapter as by the say particular may appear this conclusion be necessary  gather that all monopoly concern trade and traffic be against the liberty and  freedom declare and grant by this magnacarta and against diverse other act of  parliament which be good commentary upon this chapter Le point deal congee  deal demurrer of merchant alien be issint interpretable and Ceo ne soit in  prejudice of villes ne of merchant dangleterre ill soient seremements all roy  plevyes silz demurront rain and jours for the well entreat and order of  merchant stranger and denizen and for due employment of their money upon the  native commodity of this realm many statute have be make since this magnacarta  and have be excellent expound in the reign of queen Elizabeth but that matter  belong not to this place chapter if any man hold of any escheat as of the  honour of Wallingford Nottingham Boloin or of any other escheat which be in  our hand and be barony and die his heir shall give none other relief nor do  none other service to they than he shall to the baron if it be in the baron  hand and we in the same wise shall hold it as the baron hold it neither shall  we have by occasion of any barony or escheat any escheat or keep of any of our  man unless he that hold the barony or escheat otherwise hold of they in chief  by this chapter it be declare and enact that if any man hold of any escheat as  of any honour or of other escheat which be barony and be in the king hand  first if he die his heir be of full age his heir shall give no other relief to  the king then he do to the baron nor do none other service to the king then he  shall have do to the baron that the king shall hold the honour or barony as  the baron hold it that be of such estate and in such manner and from as the  baron hold it the king shall not have by occasion of any barony or escheat any  escheat but of land hold of such barony nor any wardship of any other land  then be hold by knight service of such barony unless he which hold of the  barony hold also of the king by knight service in capite all this be mere  declaratory of the commonlaw and here it appear that he that hold of the king  must hold of the person of the king and not of any honour barony manor or  signiory and it appear far in our book that he that hold of the king in chief  must not only hold of the person of the king but the tenure must be create by  the king or some one of the progenitor or predecessor king of this realm to  defend his person and crown otherwise he shall have no prerogative by reason  of it for no prerogative can be annex to a tenure create by a subject note  here be not nam the honour of Lanc which be a ancient honour ever since the  conquest which Edward raise to a court palatine as in the part of the  institute cap Dutch of Lancaster appear see Henry per tout less justice Edward  bro trav Stamford prerog b of any other escheat some question have be make of  these word for some have say that these word be to be understand of common  escheat as where the lord die without heir or where he be attaint of felony  but where the lord be attaint of high treason there the king have the land by  forfeiture of whosoever the land be hold and not in respect of any escheat by  reason of any signiory and therefore where William Riparave a Norman hold land  in fee of the king as of the honour of peverell and Riparave forfeit his say  land for treason and the king seize it as his escheat of Normandy in this case  the land so forfeit be no part of the honour as it shall have be if it have  come to the king as a common escheat for it come to the king by reason of his  person and crown and therefore if he grant it over c the patentee shall hold  it of the king in chief and not of the honour and all this be to be agree but  yet the tenant that hold before of the honour by knight service can hold of  the king in chief for that they hold not of the person of the king but of the  honour because the tenure be not create by the king or any of his progenitor  as have be say and so do Bracton who write soon after the statute expound this  magnacarta to extend to forfeiture of barony for treason as of the Norman and  yet to make a end of all ambiguity and question the statute of Edward be make  which be as the word be a plain declaration and resolution of the commonlaw  likewise the statute of Edward which provide that where the land that be hold  of the king as of a honour be alien without licence no man shall be thereby  grieve be also a declaration of the commonlaw by this chapter it appear that a  subject may have a honour chapter no freeman from henceforth shall give or  sell any more of his land but so that of the residue of the land the lord of  the fee may have the service due to he which belong to the fee first it be to  be see what the commonlaw be before this statute what be wrought by this  statute where the land be hold of the king what this statute have provide in  case where land be hold of a subject before this statute in case where the  tenure be of a common person the tenant may have make a feoff of a parcel of  his tenancy to hold of he for the signiory remain entire as it be and the lord  may distrain in the tenancy parabaile for his rend and service but at the  commonlaw he can not have give a part of his tenancy to be hold of the lord  for the tenant by this Act can not divide the signiory of the lord which be  entire for at the beginning the lord reserve his signiory out of the whole  tenancy and may distrain in every part thereof for his signiory but if the  tenant may have make a feoff of part to hold of the lord then have he socluded  the lord of his liberty to distrain for the whole signiory in every part  thereof at the commonlaw the tenant may have make a feoff of the whole tenancy  to be hold of the lord for that be no prejudice at all to the lord a but in  the king case it be doubt whether his tenant may have give part of the tenancy  to hold of himself because the land and the profit that may come to the king  thereby be remove far off from he and the mesnalty be ever of less valve then  the land and for that cause the tenancy be call paravail b and in Edward the  king answer to a petition in parliament king non vult  once medium c and this  question remain after this statute about the space of year videlicet till the  c statute of Edward be make whereby it be provide that alienation of land make  by tenant which hold of Henry the three or of other king before he to hold of  themselves that the alienation shall stand in force save to the king his  prerogative of the time of his great grandfather his father and his own  whereby it appear that this pereogative to have a fine for alienation d begin  in the reign of Henry which be by this Act and therefore he begin with Henry  the three his great grandfather e to the second point by this Act where land  be hold of the king as king in capite be it by knight service or in socage in  capite alien without licence there grow as have be say to the king a fine for  by the commonlaw it be against the nature and purity of a feesimple for the  tenant to be resrained from alienation but some do hold that upon this Act the  land so alien without licence be forfeit to the king by reason of these word  nullus libre a human being debt c and other do hold the contrary that upon  these word the land be not forfeit but that it shall be seize in the name of a  distress and a fine to be pay for the trespass which I take to be the better  opinion and the reason why our book speak that no fine be due before Henry be  for that about that year Henry the three be of full age as have be say do  establish and confirm this magnacarta but in truth it be in Henry as by the  charter it self appear but this question depend about the space of year c and  be not determine until the statute make in Edward whereby it be enact that the  king shall not hold they as forfeit in such case but that of land so alien  there shall be from thenceforth a reasonable fine take in the Channcery by due  wooer which Act be but a exposition of this chapter of great Charta as to land  hold of the king in capite alien without licence and extend to land hold of  the king by grand sergeant alien without licence to the the great doubt upon  this Act be that in as much as this Act be a prohibition general and impose no  pain or penalty what pain the tenant or his feofee shall incur if he do the  contrary and by the common opinion this Act be thus interpret that when a  tenant of a common person do alien parcel contrary to this Act the feoff  himself during his life shall not avoid it because nemo contra factum suum  proprium venire to be able but that his heir after his decease may avoid it by  the intendment of this Act to the end that man shall not purchase such parcel  for fear of lose the same after the death of the feoff but if the heir  apparent have join with his ancestor in the feoff or after have confirm it and  thereby have give his assent thereunto he or his heir shall never have avoid  it whether he survive his father or no and if the heir enter upon this statute  the alienee of part may plead that the service whereby the land be hold may be  sufficient do of the residue and thereupon issue may betake and I have see  diverse such precedent between this Act of great Charta and Edward then come  the statute of Edward which enact quoth de the other liceat unicuiq book man  land urge seu tenemeta to sew seu part ind and will to sew to sell ita yet  quoth feoffatus to hold earth that seu property mock de of to head lord per  by the same route the condition of a slave custom per who enfeoffor swine that  prius de eastern to hold si birth largely earundem the earth seu property some  to sell feoffatus that birth that immediate to hold de lord many excellent  thing be enact by this statute and all the doubt upon this chapter of great  Charta be clear both statute have both one end that be to say for the uphold  and preservation of the tenor whereby the land be hold this Act of Edward be  enact and earnestness great man royal power first this statute of Edward do  begin with a de the other liceat which prove that before it be not lawful to  alien part unless sufficient be leave and this approve the aforesaid common  opinion that in that case the heir may enter otherwise this chapter of great  Charta have be in vain and this de the other liceat have not needs that by  this statute of Edward the prohibition and penalty by this chapter of great  Charta to avoid the state of the feoff be take away de the other liceat c the  point aforesaid of the commonlaw that the tenant can not alien parcel to hold  of the lord be by this Act of Edward alter another point of the commonlaw be  by this Act alter that where by the commonlaw he have alien parcel to hold of  himself this be take away and the alienee shall hold of the lord pro  small part where the tenant have liberty and election by the commonlaw to make  a feoff of the whole to hold either of himself or of the lord now this liberty  and election be take away for by this Act the land must be immediate hold of  the lord that the king be bind by this Act and this appear by the register  that the king can charge the feoff of part with the entire rend but there lie  a Writ de to load pro rata portion but the king may grant land to hold of  himself for he be not restrain by this Act for hereby no man be restrain but  he which hold over of some lord and the king hold of none but then here rise a  question if by this chapter of great Charta a fine for alienation accrue to  the king upon a alienation of the king tenant in capite and now this restraint  as have be say be take away how can that prerogative stand when the foundation  whereupon it be build fail but hereunto it be answer the restraint of great  Charta secundum quid as to the avoidance of the state of the feoff by the heir  be take away as have be say but not simpliciter for in respect of the king the  fine for alienation remain due and herewith agree constant and continual usage  the statute of Edward enact and deform de tielz earth tenement alien soit  reasonable fine prize in Le chancery and though it say desormes from  henceforth that be not that any fine be due before but as have be say to take  away the question of the forfeiture after this Act out of the office of the  remembrancer of the exchequer writ of quo distinction ingressus be to help the  king to his reasonable fine issue out of the exchequer to know how the feoff  come to the whole or part of the land and of what estate whereupon the feoff  be drive to plead to his great charge and trouble and therefore upon  conference have with the king officer and the judge it be ordain that see the  king tenant can not alien without licence for if he do he shall pay a fine  that for a licence to be obtain the king shall have the three part of the  valve of the land which be hold reasonable and the feoff shall pay the same  because his land be otherwise to be charge and he rid of the trouble and  charge by the Writ of quo distinction ingressus be and if the alienation be  without licence then a reasonable fine by the statute be to be pay by the  alienee which they resolve to be one year valve which ever since constant and  continual have be observe and pay this fine be to be pay by the alienee as  have be say or by those that claim by or under he and if the fine be not pay  the land shall be seize into the king hand and the intent of a parliament be  always intend just and reasonable and therefore if a seize of land in capite  make a alienation without licence and the dissesee enter the land shall not be  seize for the fine for the dissesee be in by a title before the alienation and  so in other like case if he in the reversion levy a fine of land hold in  capite without licence the lessee for life shall not be charge with the fine  because that estate be before the alienation but yet in a quid law proclaim  the lessee shall not be compel to attorne because the court will not suffer a  prejudice to the king in like manner as if the reversion have be alien in  mortmain without the king licence I have be the long in explain this chapter  because it seem so obscure to some reader in former time that they pass it  over without any explanation chapter all patron of abbey which have the king  charter of England of advowson or have old tenure or possession in the same  shall have the custody of they when they fall void as it have be accustom and  as it be afore declare this statute be intend where the patron or founder of  abbey or priory by special reservation tenure or custom ought to have the  custody of the temperality of the same during the vacation as many patron and  founder in time pass have but if the king be founder he ought to have the  temperality during the vacation of common right by his prerogative if the king  and a common person join in a foundation the king be the founder because it be  a entire thing if a common person find a abbey or priory with possession of  small valve and the king after endow it with great possession yet the common  person be founder if a common person find a chancery and after the king  translate it and make it a monastery and endow it with possession yet the  common person be in law the founder because he give the first live so if the  translation be from regular to secular well e contra