wise destroyed; nor will we not pass upon him, nor condemn him [1], but by lawful Judgment of his Peers, or by the Law of the Land. [2] [3] [4] [5] [6] [7](2) We will sell to no man, we will not deny or defer to any man either Justice or Right.
Enforced by 2 Ed. 3. c. 8.
Confirmed by 5 Ed. 3. c. 9. 14 Ed. 3. stat. 1. c. 14.
Confirmed and amended by 25 Ed. 3. stat. 5. c. 4. 28 Ed. 3. c. 3. 37 Ed. 3. c. 18. 42 Ed. 3. c. 3. 11 R. 2. c. 10.
See 4 H. 7. c. 12. giving Directions to Justices of the Peace, and 16 Car. 1. c. 10. for taking away the Star-Chamber. [8] [9]
- ↑ The words above, marked in Italicks, do by no means express the Sense of the Original. The two verbs, Ibimus and Mittemus evidently stand in Contradistinction to each other, and are indeed much easier expounded than translated; therefore, we cannot do better than recur to Lord Coke's Exposition, which is as follows:―'No Man shall be condemned at the King's Suit, either before the King in his Bench, where the Pleas are Coram Rege, (and so are the Words nec super eum ibimus, to be understood) nor before any other Commissioner or Judge whatever (and so are the words Nec super eum mittemus, to be understood.')
- ↑ Regist. 168.
- ↑ Mirror 314.
- ↑ 1 Anders. 158.
- ↑ 2 Bulstr. 328.
- ↑ 3 Bulstr. 47.
- ↑ Wood's Inst. 613, 614.
- ↑ 1 Roll. 208, 209, 225.
- ↑ 12 Co. 50, 63, 93.
CAP. XXX.
Merchant Strangers coming into this Realm shall be well used.
[1] [2] [3] [4] All Merchants (if they were not openly prohibited before) shall have their safe and sure Conduct to depart out of England, to come into England, to tarry in, and go through England, as well by Land as by water, to buy and sell without any manner of evil Tolts, by the old and rightful Customs, except in time of War. (2) And if they be of a land making War against us, and ⟨such⟩[5] be found in our Realm at the beginning of the Wars, they shall be attached without harm of body or goods, until it be known unto us, or our Chief Justice, how our Mechants be intreated there in the land making War against us; (3) and if our Merchants be well intreated there, theirs shall be likewise with us.
Confirmed and amended by 9 Ed. 3. stat 1. c. 1. 14 Ed. 3. stat. 2. c. 2. 25 Ed. 3. stat. 4. c. 2. 2 R. 2. stat. 1. c. 1. 11 R. 2. c. 7
To these may be added 2 Ed. 3. c. 9. which confirms this chap. 16 Rich. 2. c. 1. which puts Merchant Strangers under some Restrictions. 5 H. 4. c. 7. 4 H. 5. c. 5. And 12 H. 7. c. 6. concerning Merchant Adventurers.
CAP. XXXI.
Tenure of a Barony coming into the King's Hands by Eschete.
[1] [2] [3] [4] If any man hold of any Eschete, as of the honour of Wallingford, Nottingham, Boloin, ⟨Lancaster,⟩[5] or of and other Eschetes which be in our hands, and are Baronies, and die, his Heir shall give none other Relief, nor do none other Service to us, than he should to the Baron, if it were in the Baron's hand. (2) And we in the same wise shall hold it as the Baron held it; neither shall we have, by occasion of any ⟨such⟩[6] Barony or Eschete, any Eschete or keeping of any of our men, unless he that held the Barony or Eschete otherwise held of us in chief.[7]
Enforced by 1 Ed. 3. stat. 2. c. 13. and 1 Ed. 6. c. 4.
Rendered obs. by 12 Car. 2. c. 24. which takes away Tenures in capite.
CAP. XXXII.
Lands shall not be aliened to the Prejudice of the Lord's Service.
[1] [2] No Freeman from henceforth shall give or sell any more of his Land, but so that of the residue of the Lands the Lord of the Fee may have the Service due to him, which belongeth to the Fee.
Altered by 18 Ed. 1. stat. 1. c. 2.
Obs. by 12 Car. 2. c. 24.
CAP. XXXIII.
Patrons of Abbies shall have the Custody of them in the time of Vacation.
All Patrons of Abbies, which have the King's Charters of England of Advowson, or have old Tenure or Possession in the same, shall have the Custody of them when they fall void, as it hath been accustomed, and as it is afore declared.[1]
Confirmed by 25 Ed. 3. stat. 3. c. 1.
Obs. by 31 H. 8. c. 13. for the Dissolution of Monasteries and Abbeys.
- ↑ 2 Inst. 68.
