FORASMUCH as
from Day to Day, Robberies, Murders, Burnings, and Theft, be more often
used than they have been heretofore, and Felons cannot be attainted by
the Oath of Jurors, which had rather suffer strangers to be robbed, and
so pass without pain, than to indite the Offenders, of whom great part be People
of the same Country, or at the least, if the Offenders be of
another Country, the Receivers be of places near ;and they do the same,
because an Oath is not given unto Jurors of the same Country where such Felonies
were done, and to the Restitution of Damages hitherto no Pain hath been limited
for their concealment and neglect ; Our Lord the King, for
to abate the power of Felons, hath established a Pain in this case, so that from
henceforth, for fear of the Pain more than for fear of
any Oath, they shall not spare any, nor conceal any Felonies ;
And doth command, That Cries shall
be solemnly made in all Counties, Hundreds, Markets, Fairs, and all other Places
where great Resort of People is, so that none shall
excuse himself by Ignorance, that from henceforth every Country be so
well kept, that immediately upon such Robberies and Felonies committed,
fresh Suit shall be made from Town
to Town,
and from Country to
Country.
LIKEWISE, when
need requires, Inquests shall be made in Towns,
by him that is Lord of the Town,
and after in the Hundred, and in the Franchise, and in the County, and sometimes in two, three, or
four Counties, in case
when Felonies shall be committed in the Marches of Shires, so that the Offenders
may be attainted. And if the
Country will not answer for the Bodies of every Country, that is
to wit, the
People dwelling in the
Country, shall be
answerable for the Robberies done, and also the Damages; so that the whole
Hundred where the Robbery shall be done, with the Franchises being within the
Precinct of the same Hundred, shall be answerable for the Robberies done. And if
the Robbery be done in the Division of Two Hundreds, both
the
Hundreds and the Franchises within them shall be answerable; and
after that the Felony or Robbery
is done, the Country shall have no longer Space than Forty Days, within which
it shall behove them to agree for the Robbery or Offence, or else that
they will answer for the Bodies of the Offenders.
AND Forasmuch
as the King will
not that his People should be suddenly impoverished by
reason of this
Penalty, that seemeth very hard to many;
the King granteth, That they shall not incur immediately, but it
shall be respited until Easter next following, within
which Time the King
may see how the Country will order themselves, and whether such Felonies
and Robberies do cease. After which Term let them all
be assured, that the foresaid Penalty shall run generally, that is
to say, every Country, that is to wit, the People in the Country, shall
be answerable for Felonies and Robberies done among them.
AND for the more
Surety of the Country, the King hath commanded, that in great Towns, being
walled, the Gates shall be closed from the Sun-setting until the Sun-rising
;
and that no man do lodge in
Suburbs, nor in any place out of the Town, from nine of
the Clock
until Day, without
his Host will
answer for him ;and the Bailiffs of Towns
every Week, o
at the least every Fifteenth Day, shall make Inquiry of all Persons
being lodged in the Suburbs, or in
‘foreign Places' of the Towns
; and if
they do find any that have lodge or
received any
Strangers or suspicious
person, against the peace, the Bailiffs shall do
right therein. And the King
commandeth, that from henceforth all Towns be
kept , as it hath been used in
times passed, that is to wit, from the Day of the Ascension unto the Day of St.
Michael, in every City Six Men shall keep at every gate, in every Borough Twelve
Men, every Town Six or Four, according to
the Number of the Inhabitants of
the Town, and shall
watch the Town continually all Night, from the Sun-setting unto the Sun-rising.
And if any Stranger do pass by them, he shall be arrested until Morning ;
and if no Suspicion be Found, he
shall go quit
; and
if they find cause of Suspicion,
they shall forthwith deliver him to
the Sheriff, and the Sheriff may receive him without Damage, and shall
keep him safely, until he be acquitted in due Manner. And if they will not obey
the Arrest, they shall levy Hue and Cry upon them, and such as keep the Town
shall follow with Hue and Cry with all the Town, and the Towns near, and so Hue
and Cry shall be made from Town to Town," until that they be taken and
delivered to the Sheriff, as before is said; and for the Arrestments of
such Strangers none shall
be punished.
AND Further,
It is commanded,
That Highways Leading from one Market Town to another shall be enlarged whereas Bushes, Woods
or Dykes be, so that
there
be neither Dyke,
Tree
nor
Bush, whereby a man may lurk to do hurt, within two hundred foot of the one side, and
two hundred foot oh the
other side of the way, so that this Statute shall ' not extend unto Oaks nor
unto great Trees, for which it shall be clearly out
of this.
And if by
Default of the Lord that will not abate the Dyke, Underwood or Bushes, in the
manner aforesaid, any Robberies be done therein, the Lord shall be answerable
for the Felony; and if Murder be done the Lord shall make a Fine at
the King's Pleasure.
And if the Lord be not able to
fell the Underwoods, the Country shall aid him therein. And the King
willeth, that in his demean Lands and Woods within his Forest and without, the
Ways shall be enlarged, as before is said. And if percase a Park be taken from
the Highway, it is requisite that the Lord shall set his
Park the space of two hundred foot
from the Highways, as before is said, or that he make such a Wall, Dyke,
or Hedge,
that Offenders may not pass, ne return to
do evil.
AND Further,
It is commanded, That
every Man have in his house Harness for to keep the Peace after
the ancient Assise; that is to say, Every Man between fifteen years of age, and sixty
years, shall be assessed and
sworn to Armor according to the quantity of their Lands and Goods ;
that is to wit, from Fifteen
Pounds Lands, and
Goods Forty Marks, an Hauberke, capel
de fer, a Sword, a
Knife, and an Horse from Ten
Pounds of Lands, and Twenty Marks Goods,
an Hauberke, a Capel, a Sword,
and a Knife ;
and from Five
Pound Lands, a Gambison, a Capel de Fer, a Sword, and a Knife ;
and from Forty Shillings Land and
more, unto One hundred Shillings of Land, a Sword, a Bow and Arrows, and a Knife
; and
he that hath less than Forty Shillings yearly, shall be sworn to
keep Gis-armes; Knives, and other
less Weapons ;
and he that hath less than Twenty Marks in Goods, shall have Swords,
Knives, and other less Weapons ;
and all other that
may, shall have
Bows and Arrows
out of
the Forest, and in the Forest Bows and Boults. And
that View of Armor be made every
Year Two Times. And in every Hundred and Franchise Two Constables shall be
chosen to make the View of Armor ;
and the Constables aforesaid
shall present before Justices assigned such Defaults as they do see in the
Country about Armor, and of the Suits of Towns, and of Highways ;
and
also shall present
all such as do lodge Strangers
in
uplandish Towns: for whom they
will not answer. And the Justices assigned shall present at every Parliament
unto the King such
Defaults as they shall find and the
King shall provide Remedy therein. And from
henceforth let Sheriffs take
good Heed, and Bailiffs within their Franchises and without, be they higher or
lower, that have any Bailiwick or
Forestry in Fee, or otherwise, that they shall follow the Cry with the Country
; and after, as they are bounden, to keep Horses and Armor, or so
to do ; and
if there be any that do not, the Defaults shall be presented by the Constables to the Justices assigned,
and after, by them to the King, and the King will provide Remedy as afore is
said. And the King commandeth and forbiddeth, that from henceforth neither Fairs
nor Markets be kept in Church-Yards for the Honour of the
Church. Given at Winchester, the Eighth of October, in the Thirteenth
Year of the Reign of the
King.
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