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belonging to their fees; which thing seemed very hard and extreme unto those great men and other lords, and moreover in this case manifest disheritance: Our lord the king, in his parliament at Westminster, after Easter, the eighteenth year of his reign, that is to wit, in the quinzime of Saint John Baptist, at the instance of the great men of his realm, hath granted, provided, and ordained, that from henceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part thereof: so nevertheless that the feoffee shall hold the same lands or tenements of the same chief lord of the fee, and by the same services and customs as his feoffor held them before.

CAP. II

If a Tenant sell Part of his Land, the Services shall be

apportioned

And if he sell any part of such his lands or tenements to any, the feoffee shall hold that immediately of the chief lord, and shall be forthwith charged with so much service as pertaineth, or ought to pertain to the said chief lord for such part, according to the quantity of the land or tenement so sold. And so in this case for the same part of the service shall remain to the lord, to be taken by the hands of the feoffee, for the which he ought to be attendant and answerable to the same chief lord, according to the quantity of the land or tenement sold, for the parcel of the service so due.

CAP. III

No such Feoffment shall be made to assure Land in

Mortmain

And it is to be understood, that by the said sales or purchases of lands or tenements or any part thereof, such lands or tenements shall in no wise come into Mortmain, either in part or in whole, any way by craft or engine, contrary to the form of the statute made thereupon of late. And it is to be understood, that this statute extendeth only to lands to be holden in fee simple; and that it extendeth to the time coming, and it shall begin to take effect at the feast of Saint Andrew the Apostle next coming.

Given the eighteenth year of the reign of King Edward, son of King Henry.

(Edited from Statutes at Large, ed. T. D. Tomlins, Lond., 1811. I, 310.)

89. Coronation Oath of Edward II.

(1307)

Statutes of the Realm

The oath of Edward II. is interesting in that it contains the completed fourfold division which was for centuries to mark the promise of the king upon assuming office. Compare the coronation oaths of William I. (No. 45) and of James I. (No. 144).

CORONATION OATH OF EDWARD II.

[Archbishop.] Sire, will you grant and observe, and by your oath confirm to the people of England the laws and customs granted to them by the ancient kings of England, your predecessors, just and devoted to God; and especially the laws and customs and franchises granted to the clergy and to the people by the glorious king, Saint Edward, your predecessor?

[King.] I grant them and promise them.

[Archbishop.] Sire, will you keep toward God and holy church, and clergy and people entire peace and concord in God, according to your power?

[King.] I will keep them.

[Archbishop.] Sire, will you cause to be made in all your judgments equal and right justice and judgment, in mercy and truth, according to your power?

[King.] I will do it.

[Archbishop.] Sire, do you grant that the just laws and customs will be observed which the commonalty of your realm have chosen, and do you promise to protect and enforce them to the honour of God, according to your power? [King.] I grant and promise it.

(Ed. from Statutes of the Realm, I, 168.)

90. A Statute of Provisors

(25 Edw. III, s. 5, c. 22, 1352)

Statutes of the Realm

The Statute De Asportatis Religiosorum, passed in 1306-7, was followed by a series of anti-papal enactments, the first of which to become effective, the Statute of Provisors, is given below.

Also because that some do purchase at the court of Rome provisions to have abbeys and priories in England, in destruction of the realm, and of holy religion; it is accorded and assented, that every man that purchaseth such provisions of

abbeys or priories, that he and his executors and procurators which do sue and make execution of such provisions, shall be out of the protection of our lord the king; and that a man may do with him as an enemy of the king and the realm; and he that doth anything against such provisors in body or in goods, or in other possessions, shall be excused against all people, and shall never be impeached nor grieved for the same at any man's suit.

(Ed. from Statutes of the Realm, I, 323, 324.)

91. First Statute of Treasons

(25 EDW. III., st. 5, c. 2, 1352)

Statutes of the Realm

The crime of treason has always been visited by most severe punishment, but prior to the twenty-fifth year of the reign of Edward II. these punishments were not fixed by statute. Neither was the crime of treason accurately defined and determined. The repeated demand that this crime should be defined and limits set to its punishment passed unheeded until the following statute was passed during the reign of Edward III. The seven heads of treason enumerated by this Act formed the basis of all subsequent legislation on the subject.

A STATUTE OF WESTMINSTER

CAP. II

A Declaration which Offences shall be adjudged Treason.

Also, whereas divers opinions have been before this time; in what case treason shall be said, and in what not; the king at the request of the lords and of the commons, hath made the declaration following, that is to say; when a man doth compass or imagine the death of our lord the king; or of our lady his queen, or of their eldest son and heir; or if a man do violate the king's companion, or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir: or if a man do levy war against our said lord the king in his realm or be adherent to the enemies of our lord the king in his realm, giving to them aid and comfort in the realm, or elsewhere; and thereof be probably attainted of open deed by the people of their condition. And if a man counterfeit the king's great or privy seal, or his money; and if a man bring false money into this realm, counterfeit to the money of England, as the money called Lushburgh, or other like to the said money of England, knowing the money to be false, to merchandise, or make payment, in deceit of our said lord the king and of his people: And if a man slay the chancellor,

treasurer, or the king's justices of the one bench or the other, justices in eyre, or of assise and all other justices assigned to hear and determine, being in their places, doing their offices. And it is to be understood, that in the cases above rehearsed, that ought to be judged treason which extends to our lord the king, and his royal majesty: And of such manner of treason the forfeiture of the escheats pertain to our sovereign lord the king as well of the lands and tenements holden of other as of himself.

And moreover there is another manner of treason, that is to say, when a servant slayeth his master, or a wife slayeth her husband, or when a man, secular or religious, slayeth his prelate, to whom he oweth faith and obedience; and such manner of treason giveth forfeiture of the escheats to every lord of his own fee.

And because many other cases of like treason, may happen in time to come, which a man cannot think or declare at this present time; It is accorded, that if any other case, supposed treason, which is not above specified, doth happen anew before any justices, the justices shall tarry without going to judgment of treason, till the case be showed before the king and his parliament, and it be declared whether it ought to be judged treason or other felony.

And if perchance any man of this realm ride armed, covertly or secretly, with men of arms against any other, to slay him, or rob him, or to take and retain him till he hath made fine or ransom for to have his deliverance, it is not the mind of the king nor his council, that in such case it shall be judged treason; but it shall be judged felony or trespas, according to the law of the land of old time used, and according as the case requireth. And if in such case, or other like, before this time any justice have judged treason, and for this cause the lands and tenements have comen into the king's hands as forfeit, the chief lords of the fee shall have their escheats of the tenements holden of them, whether that the same tenements be in the king's hands, or in others, by gift or in other

manner.

Saving always to our lord the king the year, and the waste and the other forfeitures of chattels, which pertain to him in the cases above named: and that Writs of Scire facias be granted in such case against the land-tenants without other original, and without allowing the king's protection in the said suit; and that of the lands which be in the king's hands, Writs be granted to the sheriffs of the coun

ties where the lands be, to deliver them out of the king's hands without delay.

(Ed. from Statutes of the Realm, I, 320, 321.)

92. Second Statute of Provisors

(27 EDW. III., s. 1, c. 2, 1353)

Statutes of the Realm

The Statute of Provisors of 1351 was followed by that of 1353. This latter had the same special purposes of preventing the papal court from compelling the attendance of Englishmen in those cases where that court claimed jurisdiction and of strengthening the power of the royal courts. The opening words of the statute show the demand which caused its promulgation.

A STATUTE OF PROVISORS

CAP. I

Præmunire for suing in a Foreign Realm, or Impeaching of Judgment given

First, because it is showed to our said lord the king, by the grievous and clamorous complaints of the great men and commons aforesaid, how that divers of the people be, and have been drawn out of the realm to answer of things, whereof the cognizance pertaineth to the king's Court; and also that the judgments given in the same court be impeached in another's court, in prejudice and disherison of our lord the king, and of his crown, and of all the people of his said realm, and to the undoing and destruction of the common law of the same realm at all times used: Whereupon, good deliberation being had with the great men and other of his said council, it is assented and accorded by our said lord the king, and the great men and commons aforesaid, that all the people of the king's ligeance, of what condition soever they may be, which shall draw any out of the realm, in plea whereof the cognizance pertaineth to the king's court, or of things whereof judgments be given in the king's court, or which do sue in the court of any other, to defeat or impeach the judgments given in the king's court, shall have a day, containing the space of two months, by warning to be made to them in the place where the possessions be, which be in debate, or otherwise where they have lands or other possessions, by the sheriff or other the king's minister, to appear before the king and his council, or in his chancery, or before the king's justices in his courts of the one bench or the other, or before other the king's justices which to the same shall be deputed, to answer in

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