THE STATUTE OF WINCHESTER (1285).

+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.

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