chapter no town nor freeman shall be distrain to make bridge nor bank but such  as of old time and of right have be accustom to make they in the time of king  Henry our grandfather here it be to be observe that in the reign of king John  and of his elder brother king Richard which be troublesome and irregular time  diverse oppression exaction and injury be encroach upon the subject in these  king name for make of bulwark fortress bridge and bank contrary to law and  right but the reign of king Henry the second be commend for three thing first  that his privy counsel be wise and expert in the law of the realm second that  he be a great defender and maintainer of the right of his crown and of the law  of his realm three that he have learned and upright judge who execute justice  accord to his law therefore for his great and never die honour this and many  other act make in the reign of Henry do refer to his reign that matter shall  be put in use as they be of right accustom in his time so as this chapter be a  declaration of the commonlaw and so in the reign of Henry and Henry the  parliament refer to the reign of king Edward who be a prince of great  fortitude wisdom and justice and diverse statute refer to king Edward the  three who be a noble wise and warlike king in who reign the law do principal  flourish bank be here take for bank which be extrema to stand out terrae mouth  how a river on both sides to flow near to but the make of bulwark fortress and  other thing of like kind be not prohibit by this Act because they can not be  erect but either by the king himself or by Act of parliament chapter no bank  shall be defend from henceforth but such as be in defence in the time of king  Henry our grandfather by the same place and the same bind as they be wont to  be in his time that be that no owner of the bank of river shall so appropriate  or keep the river several to he to defend or bar other either to have passage  or fish there otherwise then they be use in the reign of king h this statute  say the mirror be out of use car plusor riverssont over appropriate engarnies  mouse in defence and soilount estre commons a pisher user en temps Le roy  Henry chapter no sheriff constable escheator coroner nor any other our bailiff  shall hold plea of our crown one of the mischief before this statute be that  none of they here nam can command the bishop of the diocese to give the  delinquent his clergy where he ought to have it for as Bracton say nullus the  praeter king to be able bishop to give in charge c and therewith agree our  other old and late book that the bishop be not to attend upon any inferior  court nor that any inferior court can write unto or command the bishop but the  king that be the king great court of record and such as since that time have  authority by Act of parliament another cause be that the life of man which of  all thing in this world be the most precious ought to be try before judge of  learning and experience in the law of the realm maxim for ignorance judge be  repeatedly loss harmless et come ex quo great paper  de freedom England alias  concession how indeed  paper  dominus king in parliament his at Westminster a  royal power Himself and requisitionem all one that prefers comrade baron  partnership all royal power de to make new  to go away to renew to make firm  placitacoronae Self lord king specifically to keep back per quoth nullus de  royal power hujusmodi placita to hold to be able seu to have without  not general concession post confirmation paper  prediction fact in the same  year and term in person king a complaint by the abbot of Feversham both case  adjudge in the king bench whereunto they be refer by the parliament see  Michael Edward in banc Rotulo Southampton the chapter of great paper  here  intend and in both the say record express be this chapter of great paper  now  in hand by these record two thing be to be observe that this be a general law  by reason of these word Vel some  balivi our men  under which word be  comprehend all judge or justice of any court of justice albeit it be provide  by the nine chapter of great Charta quoth baron de five a harbor all some   portus to have all freedom book custom urge that these genereall word must be  understand of such liberty and custom only as be not afterward in the same  charter by express word take away and resume to the crown and therefore if the  mayor and baron of the cinque port have power before this Act to hold plead of  the crown yet by this Act of the seventeenth chapter they be abrogate and  resume a notable and a lead judgement both these record be within two year  after the confirmation of king e of great Charta be worthy to be read and  observe sheriff see for his name office and antiquity in the first part of the  institute sect constable be here take for garrison  a Castellein or constable  of a castle for so do the mirror interpret it and garrison  be who guard town  or be dominus castelli and so do Bracton debet c to stretch out garrison  as  constabulario tower c and therewith agree Fleta item no one prisae  to take in hand de to some place  per  once constabularium garrison  except de  shaggy hair in how thirst be castrum and the statute of wonder agree herewith  of prize of constable you castelleins faits of autres c and garrison  be man  in those day of account and authority and for plead of the crown c have the  like authority within their precinct as the sheriff have within his bailiwick  before this Act and they common seal which I have often see in many and have  cause to know that some of the ancient family of de Sperham in Norff do with  their portraiture on horseback now for the number of castle in ancient time  within this realm that which is fixed be king Henry favorable time Castilia in  England to stand out and it be to be observe that regular every castle contain  a manor so as every constable of a castle be constable of a manor and by the  name of the castle the manor shall pass and by the name of the manor the  castle shall pass for this word constabularius his office and antiquity see  the first part of the institute sect and albeit the franchise of infangthief  and Outfangthiefe to be hear and determine within court baron belong to manor  be within the say mischief yet we find but not without great inconvenience  that the same have some continuance after this Act but either by this Act or  per disuse for inconvenience these franchise within manor be antiquate and go  coroner his name be derive a Corona so call because he be a officer of the  crown and have conusance of some plead which be call placita coronae for his  antiquity see the mirror who treat of article establish by the ancient king  Alfred c say to increase ordain sure Coronours in chescun county viscount a  garder Le peace quant less counter soi demisterent deal guard bailiff in lieu  de centeners that be coroner in every county and sheriff be ordain to keep the  peace when the earl dismiss themselves of the custody of the county and  bailiff in place of hundred for his dignity and authority Britton say in the  person of the king Purceo and nous volons and coroner be in chescun country  principal garden de our peace a porter record of plead de our coroner de lour  view abjurations de utlagaries volons and ilz be eslieus solonque Ceo and be  contain in nous statute de lour election c and a common merchant be choose a  coroner be remove for that he be common Mercator by the ancient law he ought  to be a knight honest loyal and sage et who well sciat to be able duty that  to stretch out for this be the policy of prudent antiquity that officer do  ever give a grace to the place and not the place only to grace the officer but  what authority have the sheriff in plead of the crown before this statute this  appear by Glanville that the sheriff in the tourn for that be to be intend  hold plea of theft for he say To take out sin theft quoth and vice comrade  to stretch out in county  placitatur but he may inquire of all felony by the  commonlaw except the death of man and what authority have the coroner the same  authority he now have in case when any man come to violent or untimely death  super look substantial object c abjurations and outlawry c appeal of death by  bill c this authority of the coroner videlicet the coroner sole to take a  indictment super look substantial object and to take a appeal and to enter the  appeal and the count remain to this day but he can proceed no further either  upon the indictment or appeal but to deliver they over to the justice and this  be save to they by the statute of wonder cap and this appear by all our old  book book case and continual experience and for the further authority of the  coroner in case of high treason see the book of Henry fol and consider well  thereof but the authority of the sheriff to hear and determine theft or other  felony by the commonlaw except the death of man in the tourn be whole take  away by this statute howbeit his power to take indictment of felony and other  misdeed within his jurisdiction be not take away by this Act chapter if any  that hold of they lay-fee do die and our sheriff or bailiff do show our letter  patent of our summon for debt which the dead man do owe to they it shall be  lawful to our sheriff or bailiff to attach and enrol all the good and chattel  of the dead be find in the say fee to the valve of the same debt by the sight  and testimony of lawful man so that nothing thereof shall be take away until  we be clear pay off the debt and the residue shall remain to the executor to  perform the testament of the dead and if nothing be owe unto they all the  chattel shall go to the use of the dead save to his wife and child their  reasonable part by this chapter three thing be to be observe first that the  king by his prerogative shall be prefer in satisfaction of his debt by the  executor before any other second that if the executor have sufficient to pay  the king debt the heir that be to bear the countenance and sit in the seat of  his ancestor or any purchaser of his land shall not be charge three if nothing  be owe to the king or any other all the chattel shall go to the use of the  dead that be to his executor or administrator save to his wife and child their  reasonable part which be a council and not teaching and the nature of a save  regular be to save a former right and not to give or create a new and  therefore where such a custom be that the wife and child shall have the Writ  de rational part will do you much good this statute save it and this Writ do  not lie without a particular custom for that the Writ in the register be  ground upon a custom which as have be say be save by this Act but that it be  never the commonlaw though there be great variety in book hear what Bracton  say who write soon after this Act neq wife neq book greater number  hegoat de  good death father well man easy to move how to be the dawn specifically  be abandoned nisi hoc sit de not general agreeableness testator as si be merit  in he vita to be c vix for to come upon some fellow citizen who in vita magnum  gain to make si in death to sew to drive together against the will good to sew  to leave behind pveris untaught well rank wife male meritisi therefore  relative be greatly quoth strike against in here part Proserpine means  to assign per hoc for to lift crime animabi and army tam wife how book be  to make to hand over opportunity quoth indeed  non  of facio si see to know  indubitably determined birth to hold fast now too without testator will note  the reason hereof make against perpetuity but the administrator of a man that  die intestate or executor of any that make no disposition of his whole  personal estate good debt and chattel the administrator or executor after the  debt pay and will perform ought not to take any thing to his or their own use  but ought though there be no particular custom to divide they accord to this  statute and the say ancient and latter authority then which there can be no  better direction may guide they therein and this right do this statute of  great Charta save by these word friends are living of or belonging to a wife  book n'est rationabilibus birth n'est so as though the statute do give no  action yet their part be save hereby which by Glanville and other ancient  author appear to belong to they and the executor or administrator shall be  allow of this distribution accord to this statute upon his account before the  ordinary chapter no constable nor his bailiff shall take corn or other chattel  of any man if the man be not of the town where the castle be but he shall  forthwith pay for the same unless that the will of the seller be to respite  the payment and if he be of the same town the price shall be pay unto he  within forty day here also it appear that in this chapter constabularius be  take for garrison  and this take by Castelleins though the castle be keep for  the defence of the realm be a unjust oppression of the subject and this  express appear by the mirror Ceo and be defendu a constable a prender Le autre  defend droit a tout gentle de cy and nul difference obedient prize dautrui  maugre soen et robbery lequel cel prize soit de chivalls de vitaille de  merchandise de carriage de ostiels you of autres manner de biens and this  appear also by Fleta l cap because many men  gravamina many men  to bring in  per to visit severity who indeed  sub multicolored prisarum to call c  to hold in in great paper  de freedman tibus c no purveyance shall be take but  only for the house of the king and queen and for no other person so as the  grievance before this and other like act be whole take away chapter no  constable shall distrain any knight for to give money for keep of his castle  if he himself will do it in his proper person or cause it to be do by another  sufficient man if he may not do it himself for a reasonable cause and if we do  lead or send he in a army he shall be free from castle Guard for the time that  he shall be with we in fee in our host for the which he have do service in our  war here constabularius be take in the former sense see the first part of the  institute sect see this Act in Fleta and note this Act consist upon two branch  be declaratory of the commonlaw for first that he that hold by castle guard  that be to keep a tower or a gate or such like of a castle in time of war may  do if either by himself or by any other sufficient person for he and in his  place and some hold by such service as can do it in person as major and  commonalty dean and chapter bishop abbot etcetera infant be purchaser woman  and the like and therefore they may make a deputy by order of the commonlaw if  two join tenant hold by such service if one of they perform it be sufficient  for the second if such a tenant be by the king lead or send to his host in  time of war the tenant be excuse and quit of his service for keep of the  castle either by himself or by another during the time that he so serve the  king in his host for that when the king command his service in his host he  dispense with his service by reason of his tenure for that one man can serve  in person in two place and when he serve the king in person in one place he be  not bind to find a deputy in the other for he be not bind to make a deputy but  at his pleasure and this be also declaratory of the ancient commonlaw see the  first part of the institute