statute of Merton Heights year  Henry it be call the statute of Merton because  the parliament be hold at the monastery of the canon regular of Merton seven  mile distant from the city of London which monastery be find by Gislebert a  noble Norman that come in with the conqueror and this be that monastery of  Merton the prior whereof have a great case in law which long depend between he  and the prior of Bingham it be provide in the court of our lord the king hold  at Merton on Wednesday the morrow after the Feast of saint Vincent the that  year of the reign of king Henry the son of king John before William archbishop  of Canterbury and other his bishop and suffragan and before the great part of  the earl and baron of England there be assemble for the coronation of the say  king and Hellianor the queen about which they be all call where it be treat  for the commonwealth of the realm upon the article underwritten thus it be  provide and grant as well of the foresay archbishop bishop earl and baron as  of the king himself and other before William archbishop of Canterbury and  other his bishop and suffragan Suffraganeus proper be a vicegerant of a bishop  institute to aid and assist he in his spiritual office and be so call a vote  of these you may read in the statute of Henry Phil mariae I Elizabeth and  where some copy have in person Cantuar archbishop an associate bishop  suffraganeis this latter conjunction be more then ought to be for suffraganeis  n'est must refer to an associate bishop that be that the bishop shall aid and  assist the archbishop with their suffrage for other suffragan which be  vicegerent of bishop never have voice in parliament because they hold not per  baron as all bishop do and many abbot and prior as have be say do in respect  whereof they be lord of parliament for the coronation of the say king the king  be former crown at Gloucester on the of October in the beginning of the first  year of his reign then be about nine year old and here it appear that in the  twenty year of his reign he be crown again then be about year old twice crown  as king Henry the second and king John before he have be and as king Richard  the second after he be and Hellianor the queen this Elinor be daughter and one  of the heir of Raymond Berengary earl of province she be sister to the earl of  province andto Boniface archbishop of Canterbury and she be crown at  Westminster she survive the king and of a crown queen become a profess nun in  ambresbury and die a nun there in the nineteenth year of her widowhood the  statute enact at this parliament be divide into eleven chapter cap IX to the  king Writ of bastardy whether one be bear before matrimony may inherit in like  manner as he that be bear after matrimony all the bishop answer that they will  not nor can not answer to it because itwasdirectly against the common order of  the church and all the bishop instanted the lord that they will consent that  all such as be bear afore matrimony shall be legitimate as well as they that  be bear within matrimony as to the Succession of inheritance forsomuch as the  church accept such for legitimate and all the earl and baron with one voice  answer that they will not change the law of the realm which hitherto have be  use and approve against the common order of the church for the better  understanding of this branch it be to be know that in the time of pope  Alexander the three who live year  domini which be year  Henry this  constitution be make that child bear before solemnization of matrimony where  matrimony follow shall be as legitimate to inherit unto their ancestor as  those that be bear after matrimony and thereupon the statute say Ecclesia tale  to have pro fixed by law of this canon or constitution Glanville writ thus  birth be questioning si quis before pater mother to sew desponsavera to be  a begetting well born utrum ankle thread sit fixed by law haeres come postea  mother to sew desponsavera et indeed  although secundum canon law of Rome  ankle thread sit fixed by law haeres yet secundum law experience royal power  nullo modus tanquam haeres in heir to hold up well heir de jure royal power  to strive for to be able and herewith do agree not only other ancient author  but the constant opinion of the judge in all succession of age ever since of  the ancient law of England hereupon these two conclusion do follow that any  foreign canon or constitution make by authority of the pope be as Glanville  say contra law experience royal power bind not until it be allow by Act of  parliament which the bishop here pray it may have be for no law or custom of  England can be take away abrogate or annul but by authority of parliament that  although the bishop be spiritual person and in those day have a great  dependency on the pope yet in case of general bastardy when the king write to  they to certify who be lawful heir to any land or other inheritance they ought  to certify accord to the law and custom of England and not accord to the Roman  canon and constitution which be contrary to the law and custom of England  wherein the bishop seek at this parliament to be relieve see the first part of  the institute sect and add thereunto assisa go for sale c si nicholaus de  lewkenor Pat Thom de lewkenor to be seisitus c de manor de Southmyms quoth  rogerus de lewkenor tenet who to say quoth ipse be frater Self thomae  antenatus de to the same place patre by the same route matre be seisitus de  pradictis property proclaim per the same discensum et petit judgment Thom dic  quoth rogerus non to be able to call per eund decent because to say quoth idem  rogerus born to be extra sponsalia c et because idem though non to be able  to learn quin idem rogerus sit frater Self though antenatus de  to the same place patre by the same route matre post death prediction nicholai  Patris c to go into in the same property ut thread he haeres  to look at closely be quoth prediction rogerus ind without die et though Nich  cap per Assisam et sit in pity c judgement note by this judgement that the  bastard eigne to this intent be account heir and of the blood with the mulier  puisne as the mulier puisne can have a assize of Mortdanc against he we  remember not that we have read in any book of the legitimation or adoption of  a heir but only in Bracton lib cap fol b and that to no little purpose but the  sure adoption of a heir be by learned advice to make good assurance of the  land c and all the earl and baron with one voice answer that they will not  change the law of the realm which hitherto have be use and approve the  nobility of England have ever have the law of England in greatestimation and  reverence as their best birth right and so have the king of England as their  principal royalty and right belong to their crown and dignity this make king  Henry the first that noble king surname beauclerk to write to pope pascall  notam to have inviolability your quoth I to live to give help a god rank use  royal power our men  England non imminue be made ego quoth absit in  of such size I ejection  to put down optimates urinate all England a people id  nullo modus to stand open and it be worthy the observation how dangerous it be  as elsewhere have be often note to change a ancient maxim of the commonlaw  some have write that William the conqueror be bear out of matrimony Robert his  repute father do after marry arlot his mother and that thereby he have right  by the civil and cannon law but that be contra law England as here it appear  and during this parliament in the year of Henry it may be collect by the and  epistle of Robert Grostead then bishop of Lincoln direct to William Rawleighe  priest then one of the king justice that this matter to bring the born ante  marriage to be make legitimate be vehement labour by the clergy and in the  epistle to the bishop of Canterbury he find fault with the arch bishop for  that the king and his Council have resolve that the law and custom of the  realm in this point shall continue still whereby it appear that not only the  noble but the king himself be against it and in the letter which all the  nobility of England by assent of the whole cominalty assemble in parliament at  Lincoln write to pope Boniface it be this contain and observation a defending  freedom custom law of a father ex debt is owed a protector sacrament  to bind on who manutenebimus toto posse all man come God help to ward off nec  now too to let pass or for a certain distance to let pass as nec to be able  nec to withhold to send forward tam unaccustomed that is not owed  praejudicialia alias to hear whispered owner nostrum king now too si vellet  to make seu howsoever attempts to draw and there the inconvenience be set down  praecipae come to send forward to go from manifest in disinheritance law  coronae king England palace rank ac overthrow status the same royal power  information nor in precedent freedom custom law of a father seal by the  several seal of arm of earl and baron and in the name of all the commonalty of  England and to that effect king Edward the first with also to the pope the law  of the realm here our commonlawes be apt and proper call the law of England  because they be appropriate to this kingdom of England as most apt and fit for  the government thereof and have no dependency upon any foreign law whatsoever  no not upon the civil or cannonlawotherthenincafesallowed by the law of  England as partly have be touch before and therefore the poet speak true  hereof et inside toto devise orb Brittannos so as the law of England be  proprium quarto modus to the kingdom of England therefore foreign precedent be  not to be object against we because we be not subject to foreign law and it be  a note worthy of observation that where at the hold of this parliament in  year  Henry and before and some time after many of the judge and justice of  this realm be of the clergy as bishop dean and priest and all the great  officer of the realm as lord chancellor treasurer Privyseale precedent c be  for the most part of the clergy yet even in those time the judge of the realm  both of the clergy and laity do constant maintain the law of England so as no  encroachment be make upon they or breach unto they by any foreign power as  partly have be show in Caudries case and many more judgement and authority in  law may be produce for the manifestation thereof see the first part of the  institute many of the clergy judge and justice of the realm of ancient time  and all the bishop instanted the lord that they will consent c here be the  motion and request but Bracton say Rogarunt king magnate et all comites baron  One voice to answer  not law England to move c for so it be in ancient  manuscript this be the first of this kind that we remember that have be print  for it be to be understand that by the parliamentary order all motion and  petition make as this be though they be deny and never proceed to the  establishment of a statute yet the same be enter into the parliament roll  together with the answer thereunto but this be the first of this kind as have  be say that have be print and yet in our book this be call a statute for sir  galfred Le Scrope chief justice say before the statute of Merton the party  plead not general bastardy but that he be bear out of espousal and the bishop  ought to certify whether he be bear before espousal or not and accord to that  certificate to proceed to judgement accord to the law of the land and the  prelate answer that they can not to this writ answer and therefore ever since  special bastardy videlicet that the defendant c be bear before espousal have  be try in the king court and general bastardy in court Christian and herewith  agree our old book and the constant opinion of the judge ever since now for  that this point be resolve in parliament it be here in a large sense call a  statute cap X it be provide and grant that every freeman which owe suit to the  county Trything hundred and wapentake or to the court of his lord may free  make his attorney to do those suit for he owe suit notam there be two kind of  suit videlicet suit real that be in respect of his reliance to a leet or turn  and suit service that be by reason of a tenure of his land of the county  hundred wapentake or manor whereunto a court baron be incident before this Act  every one that hold by suit service ought to appear in person because the  suitor be judge in those court otherwiseheshould be amerce which be  mischievous for it may be that he have land within diverse of those signory  and that the court may be keep in one day and he can be but in one place at  one time but this statute extend not to suit real because he can be within two  leet c Trything here it signify a court which consist on three or four hundred  and do not here signify a leet or view of frankpledge wapentake that which in  some country be call a hundred court in some country be call a wapentake quoth  England to call hundred say in addition to comitatus to call Wapentagium now  the reason of the name be this when any on a certain day and place take upon  he the government of the hundred the free suitor meet he with lance and he  descend from his horse all rise up to he and he hold his lance upright all the  rest in sign of obedience with their lance touch his lance or weapon for the  Saxon word wapen be weapon and tac be tactus or touch and thereo this assembly  be call wapentake or touch of weapon now albeit he that hold by suit service  may make a attorney yet that attorney can sit as judge as the free suitor  himself may do for he can depute another in his judicial place and the word of  the statute be Libere to be able to make attornatum and to cut that pro  eastern to make freeman this do extend to free holder in ancient demesne but  not to copyholder make his attorney he must make a letter of attorney under  his seal which the steward ought to allow and if he do not the suitor may have  a Writ out of the chancery for the allowance of he or if he doubt that he  shall not be allow he may have a Writ before hand to receive he as attorney  and such a Writ shall serve during the life of the tenant c for the word of  another Writ be et because virtus narrow places  our de hujusmodi Attornato  to make boundary non heading nec terminus limitatur to make hard mask c what  such a attorney may do and who can be attorney see the statute of west to do  those suit for he so as by force of this Act he may do such suit as the  freeholder ought to do see the register this Act extend to justice in eire cap  XI concern trespass in park and pond it be not yet discuss for the lord demand  the proper imprisonment of such as they shall take in their park and pond  which the king deny wherefore it be defer an enclosure for live game be a word  of large extent and ex way termini signify a place in land or water where live  thing be keep most common in law it signify park warren and Pilcharies or fish  here it be take for warren and fish for that park be nam before proper  imprisonment this petition of the lord in parliament stand upon three branch  that they may imprison such as they shall take in the park and vivaries which  seem to be against the chapter of great Charta that they shall have  not common with others prison a prison of their own which no subject can have  for all prison or gaol be the king prison or gaol but a subject may have the  custody or keep of they that they shall not be imprison in the common gaol all  which dominus king to speak against