20.1. The statute made in anno tertio of Henrie the fift.
The statute made in anno tertio of Henrie the fift.
Compare 1577 edition: 1 _BIcause that diuers nations com|prised within the truces conclu|ded as well by our souereigne lord the king that now is, as by his right noble father, haue beene robbed and spoiled by the kings lieges and subiects, as well on the maine seas as within the ports and coasts of England, Ireland, & Wales, by reason whereof, the truces and safe con|ducts haue broken and violated, to the da|mage, dishonour, and slander of the king, and against his dignitie, & the manslaiers, spoilers, robbers, & violaters of the same truces and safe conducts (as before is de|clared) haue beene recetted, procured, coun|selled, vpholden, and mainteined by diuerse of the kings liege people vpon the coasts: our said souereigne lord the king by the ad|uise and assent abouesaid, and at the praier of the said commons, hath ordeined and e|stablished, that all such manslaiers,This statute bringeth the rioters w [...]|in compasse of treason. rob|bers, spoilers, breakers of truces, and safe conducts granted by the king, and the wil|full recetters, abbetters, procurers, coun|sellors, susteiners and mainteiners of such persons, hereafter in time to come, being EEBO page image 843 anie of the lieges & subiects of this realme of England, Ireland, & Wales, are to be adiudged and determined as giltie of high treason committed against the crowne & dignitie of the king. And further, in euerie hauen and port of the sea, there shall be from hense-foorth made and assigned by the king, by his letters pattents, one lawfull officer named a conseruator of truces and safe conducts granted by the king, which officer shall dispend at the least ten pounds in land by yeare, &c: as in the statute more at large is expressed.
Compare 1577 edition: 1 2 The which statute being read and well considered of, bicause there was diuerse leagues of truces be|twixt the king and diuerse other princes, as one be|twixt him and the French king,Diuers tru| [...]es betweene [...] king and [...] forren princes. and another betwixt him and the archduke of Burgognie, and another be|twixt him & the king of Spaine (all the which truces were violated by the said insurrection) it was deter|mined by the whole councell there assembled, that the kings sergeants and attournies should go to the lord chancellor, to haue a sight of all the said leagues and charters of truces, to the intent they might frame their indictments according to the matter. And note that iudge Fineux said,Iudge Fine|ux interpre|teth the said statute. that all such as were parties to the said insurrection, were guiltie of high treason, as well those that did not commit anie robberie, as those that were principall dooers therein themselues, bicause that the insurrection in it selfe was high trea|son, as a thing practised against the regall honour of our souereigne lord the king.
Compare 1577 edition: 1 2 3 And the same law holdeth of an insurrection (said Fineux) made against the statute of laborers. For so (said he) it came to passe, that certeine persons with|in the countie of Kent began an insurrection, in dis|obedience of the statute of labourers, and were at|teinted therfore of high treason, and had iudgement to be drawne, hanged, and quartered. He shewed where and when this chanced. It was further deter|mined by the said Fineux, and all the iustices of the land, that vpon the said commission of oier and terminer in London, the iustices named in the said commission,Order for pro|ceeding a|gainst the said offendors. might not arreigne the offendors, and proceed to the triall in one selfe daie, no more than might the iustices of peace. But iustices in oier might so doo, aswell as the iustices of gaole deliuerie: and as the sufficiencie of the iurors within the citie to passe betwixt the king and the said traitors, the iu|stices determined, that he that had lands, and goods, to the value of an hundred marks, should be inabled to passe vpon the said indictments. And this by the equitie of the statute of Anno vndecimo Henrici septi|mi, the which will, that no man be admitted to passe in anie inquest in London in a plée of lands, or other action, in which the damages shall passe the value of fourtie shillings, except he be woorth in lands or goods the value of an hundred markes.