chapter no sheriff nor bailiff of we or any other shall take the horse or cart  of any man to make carriage except he pay the old price limit that be to say  for carriage with two horse ten d a day for three horse xiv d a day no demesne  cart of any spiritual person or knight or any lord shall be take by our  bailiff nor we nor our bailiff nor any other shall take any man wood for our  castle or other our necessary to be do but by the licence of he who the wood  be this chapter consist of three branch the first set down the ancient hire or  allowance for the carriage for the king the second set down who be exempt from  that carriage the three concern purveyance of wood for the first the carriage  must be take for the king and queen only and for no other imply in these word  nullus sheriff well bailiff our and this be explain by diverse other statute  and by our book the hire or allowance be certain express as ancient due   To give back liberation free formerly to cause to stand so as this also be  declaratory of the ancient law and the hire or allowance ought to be pay in  hand for the statute say nullus to take in hand c nisi  To give back c and  this liberation free formerly to cause to stand be as it appear by this Act  per diem by the day aver penny and averagium be word common in ancient charter  and signify to be free from the king carriage come averiis and this be mean  where it be say aver penny hoc be quiet be de to visit denariispro averagiis  domini king for the second branch no demean or proper cart for the necessary  use of any ecclesiastical person or of any knight or of any lord for or about  the demean land of any of they ought to be take for the king carriage but they  be exempt by the ancient law of England from any such carriage this statute  extend not to any person ecclesiastical of what estate order or degree soever  and this be a ancient privilege belong to holy church also it extend to all  degree and order of the lesser and great nobility or dignity as of knighthood  duke marquis earl viscount and baron for albeit there be no duke marquis or  viscount within England at the make of the statute yet this statute do extend  to they for they be all domini lord of parliament and of the barony of England  and this also be a ancient privilege belong to these order and dignity and all  this concern the ecclesiastical and temporal state be among other thing for  the advancement and maintenance of that great peace maker and love holder  hospitality one of the ancient ornament and commendation of the kingdom of  England the three branch be that neither the king nor any of his baily or  minister shall take the wood of any other for the king castle or other  necessity to be do but by the licence of he who wood it be and all statute  make against this branch among other before the parliament of e be repeal and  this branch among other have as have be say be confirm and command to be put  in execution at session of parliament and so it be resolve by all the judge of  England and baron of the exchequer mich James Reg upon mature deliberation and  that the king purveyor can take no timber grow upon the inheritance of the  subject because it be parcel of the inheritance no more then the inheritance  it self whereof the king and counsel be inform the king by his proclamation by  advice of his counsel under the great seal April year  declare the law to be  in these word first when we be inform that some inferior minister have presume  to go so far beyond their commission as they have adventure not only to take  timber tree grow which be parcel of our subject inheritance be never intend by  they to be take without the good will and full consent of the owner but have  accustom also to take great quantity of provision for our house and Stable  then ever come or be needful to our use c as by the say proclamation bear date  April year  James Reg appear and diverse purveyor be accord to the say  resolution of the judge punish in the star chamber for purvey of timber grow  without the consent of the Dooners Boscus be a ancient word use in the law of  England for all manner of wood and the Italian use the word bosco in the same  sense and the French boy accord Boscus be divide into two sort videlicet high  wood haut boy or timber and coppice wood so call because it be usual cut or  underwood high wood be proper call saltus because arbores there to spring out  in deeply it be call in Fleta maeremium the commonlaw have so admeasured the  prerogative of the king as he can take nor prejudice the inheritance of any  and as have be say a man have a inheritance in his wood and see the statute of  marlebridge year  h great Charta in one to hold tam in haec who and king  pertinent how and elsewhere and other statute so as all pretence of  prerogative against great Charta be take away see hereafter the exposition of  the statute de tallagio year  e de prisis year  e vet great Charta fol part  chapter we will not hold the land of they that be convict of felony but one  year and one day and then those land shall be deliver to the lord of the fee  this appear by Glanville to be due to the king by his ancient prerogative for  he say sin autem de elsewhere how de king to hold be who utlagatus be well de  felon convict tunc likewise all res of oneself mobiles king to be land quoq  per One annum to stay behind in manu domini king lapse autem year  land  by the same route and rectum owner scilicet and Self de pron. interrog. feod  be see revertor. veruntamen come domor subversion tree extirpatione this  chapter of great Charta do express that which do belong to the king videlicet  the year and the day and omit the waste as not belong to he and this be  notable explain by our ancient book with a uniform consent Bracton treat of  the year and the day in this case due to the king say say who sit cause quare  land to stay behind in shades of dead  domini king to see quoth ankle be  because in fact come quis intimacy to be de largely felon in potestate domini  king to be to strew before builder extirpandi gardina to plough meadow quoniam  hujusmodi to turn in grave damnum a master pro common usefulness  to see in advance to be quoth hujusmodi builder gardina meadow to stay behind  quoth dominus king near hoc to have due measure totiusterrae that per One  annum One diem such all come soundness see revertor. in manus a master  of the head nunc autem peti a bag of hide S Finis pro boundary similiter pro  to make empty non video account quare c and Britton treat of this very matter  say lour biens mobles be less nous et lour heir disherit et voilons aver lour  tenement de who and unques be as far as Le a et Le jour issint and lour  heritage demourgent un a un jour in our main si and nous ne saisons estre  perie less tenement ne gaster less boy ne to plough less prees sicome  lensoloit saire in remembrance of selons attaint c Fleta say si autem utlagati  well some  intimacy earth Proserpine to have that at once to take in hand be  in manus king per One annum One diem tenend and capital lord post that  boundary see revertor. hoc to have ex to cause to stand great paper  quoth  tale be our non to hold land that who intimacy to be de felon nisi per un and  One diem tunc  To give back terrae that owner fee cause true ankle termini  king because in signum felon formerly to see in advance to be quoth builder  such to strew before in earth extirpentur gardina to plough meadow to maim  bosci quoniam hujusmodi to turn in grave damnum a master fee pro common  utilitae to see in advance to be quoth hujusmodi hard  heavy to be remiss  quoth king therefore per annum diem all terrae due measure to take wholly by  autem si land non be escheat a master post who boundary owner proprietariis  integre without to make empty well destruction see revertor. the mirror speak  of this chapter say Le joint of earth increase selons tener per un a be  desusie car p la you Le roy ne duist aver and Le gast de droit you without pur  salver Le sief de lestripment preignont less minister Le roy ambideux upon all  which it appear that the king original be to have no benefit in this case upon  the attainder of felony where the free land be hold of a subject but only in  detestation of the crime ut penalty and few metus and all to come up to  prostrate the house to extirp the garden to eradicate his wood and to blow up  the meadow of the felon for save whereof et pro good public the lord of who  the land be hold be content to yield the land to the king for a year and a day  and therefore not only the be be just omit out of this chapter of great Charta  but thereby it be enact that after the year and day the land shall be render  to the lord of the fee after which no waste can be do and where the treatise  of Prerogativa king make in Edward say et after dominus king to have annum  diem empty tunc  To give back property mock of to head lord fee that nisi  prius to make that which divides pro year  die et to make empty which be so to  be expound that forasmuch as it appear in the say old book that the officer  and minister do demand both for the waste and for the year and day that come  in lieu thereof therefore this treatise name both not that both be due but  that a reasonable fine may be pay for all that which the king may lawful claim  but if this act of Edward be against this branch of great Charta then be it  repeal by the say Act of Edward cap hereby it also appear how necessary the  read of ancient author be for understanding of ancient statute and out of  these old book you may observe that when any thing be give to the king in lieu  or satisfaction of a ancient right of his crown when once he be in possession  of the new recompense and the same in charge his officer and minister will  many time demand the old also which may turn to great prejudice if it be not  due and discreet prevent we will not hold the land if there be lord Mesne and  tenant and the Mesne be attaint of felony the lord paramount shall have the  mesnalty present for this prerogative belong to the king extend only to the  land which may be waste in lieu whereof the year and day be grant and this be  to be understand when a tenant in feesimple be attaint for when tenant in tail  or tenant for life be attaint there the king shall have the profit of the land  during the life of tenant in tail or of the tenant for life be convict here  intimacy in a large sense be take for Attincti for the nature and true sense  of both these word see the first part of the institute and likewise for this  word felony there of felony must be understand of all manner of felony punish  by death and not of petit larceny which notwithstanding be felony chapter all  wear from henceforth shall be utter put down by Thames and Medway and through  all England but only by the seacoasts king c to get knowledge of our pro  common usefulness community our men  London all royal power our men    to go away really to take beforehand ut all Kidelli who are in Tamisia well  Medeweia wherever to be in Tamisia well in Medeweia amovea non de the other  Kidelli somewhere to put down in Tamisia well in Medeweya super forisfactur  ten balance sterlingorum quiet now too to call all things  id quoth custodes  Turr our men  London annuatim to take wholly to use de prediction Kidellis  quare to will really to take beforehand ne some custos say beforehand advance  turr to some place  tempore post hoc to some degree to drive out ab  to some place  nec largely demandam or gravamen sive trouble some to bring in  occasion to say before Kidellorum satis for we constat per trusty our men   sufficient we datum be to come to know quoth maximum defeat disadvantage  prediction community London nec non toto royal power our men  occasion  to say before Kidellorum to come up quoth ut of Firmum stabile to abide  imperpetuum present circumstance paginae inscription seal our men  apposition  communim as papyrus  domini king John Patrisnostriquam Baronesnostri London  ind to have rationabilit known on good evidence wear Kidels be a proper word  for open wear whereby fish be catch it be special give in charge by the  justice in eire that all jury shall inquire de haec who to fish come Kidellis  Skarkellis and it appear by Glanville that this pourpresture be forbid by the  commonlaw for he say to say autem purprestura well porprestura particularly  when to some degree super owner king injust to take into possession ut in of  king well in way public officer to build against well in water public officer  should be turned a recto lesson well when some in community super palace  broad way to some degree to build to take into possession generally how often  to some degree sit and nocumentum palace tenementi well a royal palace way  well community and every public river or stream be nourishing regius way the  king highway pourpresture come of the French word pourprise which signify  thaclose or enclosure that be when one encroach or make that several to  himself which ought to be common to many chapter the Writ that be call  praecipe in capite shall be from henceforth grant to no person of any freehold  whereby any freeman may lose his court this be for reformation of a abuse and  wrong offer to the lord of who the land be hold and yet upon this statute the  tenant can plead that the land be not hold of the king in chief for two cause  first for that this Act be make for the benefit of the lord of who this land  be hold and he can plead it because he be a estrang and if one claim to be  lord shall be admit another may come in and pretend the like and so infinite  second this Act extend to the chancery for the word be breve c non fiat so in  that court the Writ be make and therefore when the Writ be grant in the  chancery and return into the court of common plead that which be by this Act  prohibit in the chancery extend not to the court of common plead and therefore  they can admit of such a plea now the tenant least he be conclude must take  the tenure by protestation and the king though he be not party to the record  yet shall he take advantage of the estoppel for he be ever present in court  and since this statute no man ought to have this Writ out of the chancery upon  a suggestion but oath must be make before the grant thereof that the land be  hold of the king in capite see mich e de banc rot Norff Barth de Redhams case  pro terris in senate comrade warren at castle acre noteworthy record super hoc  to cause to stand per breve take or receive in advance justice quoth inquirant  si terrae to hold de king in capite see the Writ in the register b by which  Writ power be give to the justice that if it may appear to they that the land  be not hold in capite then that the plea be hold in the lord court accord to  this statute and for that the demandant Peter Grellye confess that the land be  not hold of the king in capite but of Edmond brother of the king thereupon the  entry be therefore Petrus perquira Himself per breve de recto pat in senate  Self Edward versus r si volveri mich e rot some send for king foe b a and the  lord of who the land be hold shall upon this statute have his Writ of disceit  against the demandant which have recover by default and recover his damage but  the record of the judgement shall stand in force and concern the conclusion of  the tenure the lord shall have remedy against the king by petition of right  but if the recovery be give upon trial against the tenant then the tenant have  conclude himself for the tenure because his protestation can avail he when his  plea be find against he but the lord may have in that case his action against  the tenant and his petition of right to the king to be restore to his signiory  and by that mean the tenant himself may be relieve Writ to say therefore breve  because remember de how to put in motion thought to strive for few word  shortly describe as compose maxim law who remember who be shortly describe  breve indeed  come sit to shape and likeness maxim law because shortly few  word thought to carry out be to put out explain as maxim law remember who be  shortly describe and Fleta define a Writ as many word as Bracton have do there  be a great diversity between a Writ and a action although by some they be  often confound which will best appear by their several definition act nothing  other be how law to follow in judgment quoth some to withhold and with Bracton  agree Fleta act nothing other be how law to follow in judgment quoth some  to withhold quoth about to be born into being ex crime well quoth come forth  ex fault well in an unjust manner and the mirror say action nest or choose and  loyal demand de son droit actor be queux suont lour droit per pleint c so as  the first diversity between a action and a Writ be that a action be the right  of a suit and the Writ be ground thereupon and the mean to bring the demandant  or pl to his right the second diversity a Writ ground upon right of action be  ever in soro persistent but so be not all writ for that writ be much more  large then action be as shall appear by the division of writ of writ ground  upon right of action some be criminal and some be civil or common of criminal  some be in mask to have judgement of death as writ of appeal of death robbery  rape c and some to have judgement of damage to the party fine to the king and  imprisonment as writ of appeal of mayhem c of writ civil or common some be  real some personal and some mix and of these some be original and all they go  out of the chancery and some judicial and they issue out of the court where  the plea depend some conditional as writ of error redisseisin c some without  condition some returnable and some not returnable and all these be warrant  either by the commonlaw or ground upon some actof parliament which be so well  know as this little touch shall suffice of original writ some be short catalog  to shape and some ex lesson some magistralia often to diversify regular the  king writ be ex debt is owed the whole of the laws to be grant to the subject  which can be deny and some be ex agreeableness as supersededa special liberty  and b writ of protection for the safeguard of the subject be in the king war  out of the realm in nature of commission as writ of error of oier and terminer  of election of knight and burgess of the parliament of election of a coroner  or of discharge of he of selection of verderers de ventre to look into d de  way venellis mundand king of the surety of the good behaviour or of the peace  e de hatred  atia association of de  to send to in associate of si non all and  the like writ of justice of writ of praecipe some be quoth  To give back as  writ of right c debt c some be quoth to let pass as writ de quoth to let pass  some be quoth to make as de custom slavery de house to get again and of writ  of praecipe some contain several precept and some joint and some be sole writ  mandatory and extrajudicial whereof some be affirmative andsome negative  affirmative as call of man to the upper house of parliament to be peer of the  realm de comitat undertaking king of congee de easy licence to choose a bishop  king b de king assent king ibidem to call one to be chief justice of England  to call apprentice of law to be servant de short catalog rot to weigh well  king de restitution Of king b negative as de non to put down in  assisis&juratis de freedom from care to come upon quoth see non to visit and  part on the outside without freedom de non residentiam clergyman king de  clergyman infra sacrifice ordines agreed price non to pluck out in duty ne  fine capias pro non fine placitando of writ some be for furtherance of justice  and for outing of delay and to proceed as the Writ de procedendo and judgment  that the justice shall not surcease to do common right for no commandment  under the great seal petit seal or message from the king or a if the judge of  themselves delay judgement there lie also a procedendo and judgment again  there be a procedendo in speech and judgment after aid of the king a Writ de  execution judgment some for advancement of justice not to proceed c regular  writ be direct to the sheriff or coroner or but inspeciall case to the party  or other to the party as writ of prohibition ne exeat kingdom to other as to  judge temporal ecclesiastical and civil to sergeant at arm to the d party that  have the custody of a idiot to the e major and bailiff c and to move away eos  ab duty quousq search foret de the dawn movement of the limbs f liberate  treasure chamberlain treasure baron note of writ of right whereof the praecipe  in capite be one some be close and some be patent writ of right returnable  into the court of common plead be patent and writ direct into ancient demesne  be close and the reason wherefore in other court of the lord the writ shall be  patent be because there be a clause in those writ nisi to make sheriff n hoc  to make ne greater number  warcry a place in pro diminution recti which clause  be not in the other writ and necessary it be that such writ shall be patent  that the sheriff may take notice thereof chapter one measure of wine shall be  through our realm and one measure of ale and one measure of corn that be to  say the quarter of London and one breadth of die Cloth russet and Haberjects  that be to say two yard within the listen and it shall be of weight as it be  of measure this Act concern measure and weight that there shall be one measure  and one weight through England be ground upon the law of God non to have in  little bag  to visit weight majus minus non to be in house tua modius major  minor pondus to have justice yes modius comrade to be flute ut much vivas  tempore super earth c and this have often by authority of parliament be enact  but never can be effect so forcible be custom concern multitude when it have  get a head therefore good law be timely to be execute and not in the beginning  to be neglect for weight and measure there be good law make before the  Conquest in dimension ponder nothing to eat uneven ab unfairness yes deincep  quisq to observe proper measure per common concilium royal power  to cause to stand quoth to have per univerum kingdom measure fidelissimas  to set a mark upon weight trusty to set a mark upon as good predecessor  to cause to stand one breadth of die Cloth c true it be that broad clothes be  make though in small number at the time and long before this statute but in  the beginning of the reign of Edward the same come to so great perfection as  in the year of his reign all man be prohibit to bring in privillie or apertly  by himself or any other any clothes make in any other place c and this be the  worthy and rich commodity of this kingdom for divide our native commodity  export into ten part and that which come from the sheep back be nine part in  valve of the ten and set great number of people on work for the breadth and  length of clothes see many statute make after this Act