+Source.+--_Statutes of the Realm_, vol. i., pp. 96-98.
I. Forasmuch as, from day to day, robberies, homicides, and arsons
happen more frequently than they did in aforetime, and felonies cannot
be attained by oath of jurors who more willingly suffer felonies done to
strangers to pass without punishment than to indict the evil doers,
since many of them are men of the same neighbourhood, or at least, if
the malefactors be of another district, their receivers are of the
neighbourhood; and this they do because a positive oath has never been
put upon jurors nor upon the district where the felonies were committed
for restitution of damages, and hitherto no punishment has been provided
for concealment or overlooking; our lord the King, to abate the power of
felons, has established a punishment in such cases, so that for fear of
the punishment more than for fear of the oath, they should spare no one
henceforth, and conceal no felony; and he commands that proclamation of
this punishment be solemnly made in all counties, hundreds, markets,
fairs, and other places, where people are wont to assemble, so that no
one may excuse himself on plea of ignorance, and each county may
henceforth be so properly guarded, that immediately after robberies and
felonies fresh suit be made from town to town, and from district to
district.
II. Likewise inquests shall be made, if need be, in towns by him who is
lord of the town, and afterwards in hundreds and in franchises and in
counties, and sometimes in two, three, or four counties, in those cases
where felonies shall be done on the boundaries of counties, so that
malefactors may be attainted. And if the district will not answer for
the persons of such manner of offenders, the punishment shall be such
that each district, that is to say, the people dwelling in the district,
shall be answerable for the robberies done and the damages; so that
every hundred where a robbery takes place, or the franchises which are
within the precinct of the same hundred, shall be answerable for the
robbery. And should the robbery take place on the boundary between two
hundreds, both hundreds shall be answerable, together with the
franchises they contain; and the district shall have no longer a term,
after the committing of the robbery and felony, than forty days within
which to give satisfaction for the robbery and for the offence, or to
answer for the bodies of the evildoers.
III. And inasmuch as the King does not wish that people should be
suddenly impoverished by this penalty, which may seem hard to some, he
grants that it be not immediately enforced, but that respite be had
until next Easter, and within that time he will take note how the
district acts, and whether such robberies and felonies cease. After
which term all may be assured that the aforesaid penalty shall be
applied generally in this way, that every district, that is to say, the
people dwelling in the district, shall be answerable for the robberies
and felonies done in their district.
IV. And for the greater safety of the district, the King has commanded
that in the great cities which are walled, the gates be closed from
sunset to sunrise; and that no man shall take lodging in a suburb or in
any place beyond the walls of a town, from nine of the clock until day,
unless his host be willing to answer for him; and the bailiffs of towns
every week, or at least every fortnight, shall make inquisition for
people harboured in suburbs and outside the walls of a town; and should
they find any that have harboured or received in any way people of whom
it is suspected that they are against the peace, let them do right
therein. And henceforth it is commanded that watches be made, as was
formerly accustomed to be done, from Ascension to Michaelmas, in every
city by six men at each gate; in every borough by twelve men, and in
every town in the land by six men or four according to the number of
people who dwell there; and they shall keep watch continually the whole
night from the setting to the rising of the sun. And should any stranger
pass, he shall be arrested until morning; and should no suspicion be
found of him, he shall go free; but if there be suspicion, he shall
straightway be handed over to the sheriff, who shall receive him without
doing him bodily hurt, and shall keep him safely, until in due manner he
be acquitted. And should such persons not suffer themselves to be
arrested, hue and cry shall be raised after them, and those who keep the
watch shall follow them with the whole town and the neighbouring towns,
and hue and cry be made from town to town, until they be taken and
handed over to the sheriff, as is above provided; and for the arrests of
such strangers, no one shall be punished.
V. It is further ordained that the highways from one market town to
another be widened, where there be woods, hedges, or ditches, so that
there be no ditches, hedges, or bushes where a man may lurk to do hurt
within two hundred feet on either side of the road; provided that this
statute be understood not to extend to oaks or great trees, where it is
clear underneath. And if through the fault of the lord, who shall be
unwilling to destroy ditches, hedges, or bushes, as aforesaid, robberies
take place, the lord shall be answerable; and if there be murder, the
lord shall be fined at the will of the King; and if the lord be unable
of himself to cut down the bushes, the district shall aid him. And the
King wishes that in his demesne lands, and woods within forests and
without, the roads be widened as aforesaid. And should there be by
chance a park near the highway, the lord thereof shall diminish his park
until it be two hundred feet from the highway, as aforesaid, or shall
build such a wall, ditch, or hedge, that evildoers shall be unable to
cross and recross to do evil.
VI. Further, it is ordained that every man have in his house arms to
keep the peace according to the ancient assize; that is to say, that
every man between the ages of fifteen and sixty be assessed and sworn to
arms, according to the quantity of his land and chattels, as
follows:--from a man with fifteen pounds worth of land, and chattels
worth forty marks, a hauberk, an iron helmet, a sword, a knife, and a
horse; from ten pounds worth of land and chattels worth twenty marks,
hauberk, helmet, sword, and knife; from an hundred shillings of land, a
doublet, iron helmet, sword, and knife; from forty shillings of land and
beyond it up to an hundred shillings, sword, bow, arrows, and knife; and
he with less than forty shillings of land shall be sworn to carry darts,
knives, and other small arms; and he that hath less than twenty marks in
chattels, shall carry swords, knives, and other small arms. And all
others who can, out of the forests shall have bows and arrows, and
within the forests bows and boults. And the view of armour shall be made
twice a year; and in every hundred and franchise shall be elected two
constables to make the view of armour; and the aforesaid constables
shall bring to the notice of justices specially entrusted therewith,
when they shall come into the district, such faults as they find in the
view of armour, in suits, in watches, and in highways; and they shall
present also such persons as harbour strangers, for whom they will not
be answerable, in upland towns. And the said justices in every
Parliament shall present such defaults to the King, and the King shall
find a remedy therefor. And henceforth sheriffs and bailiffs, within
franchises and without, greater or less, who hold any bailiwick or
forest in fee or in any other manner, shall take care to follow the hue
and cry with the district, and, as they are required, they shall have
horses and armour to do so; and if there be any who do not, the defaults
shall be presented by the constables to the justices, and by them to the
King, as aforesaid. And the King commands and ordains that from
henceforth fairs or markets be not held in cemeteries, for the honour of
Holy Church.
Given at Westminster, on the last day of October, in the thirteenth year
of the King's reign.