The kynge our souereyne lorde Henry the vij after the conquest by the grace of god kynge of Englond and of Fraunce & lorde of Irlond. Atte his parliamente holden at Westm̄. y e .xiiii day of October in the .xi. yere of his reigne to the honoure of god and holy chyrche. And for the comyn prouffite of the reame by the assent of the lordes spyrytuell and temporell and the comīs in the sayd parliament assembled and by auctoryte of the same parliament hath do to be made certayne statutes & ordenaunces in maner & fourme folowynge.
That men goynge to batayll with the prynce &c: shal not be atteyned Capitulo Primo
THe kynge our souereyne lord callynge to hys remembraūce the duety of alligeaūce of his subgettes of this his reame. & that they bi reason of the same are bounde to serue theyr prynce & souereyne lord for the tyme beyng in his warres for the defence of him & the londe ayenst euery rebellyon power and myght reared ayēst him. and with him to entre & abyde in seruyse in batayll yf caas so requyre / And that for the same seruyse what fortune euer fall by chaunce in y e same batayll agaynst the mynde and wyll of the prynce. as in this londe somtyme passed hath be seen / That it is not resonable but ayenst al lawes reason and good consyence that the sayd subgettes goyng with theyr souerayne lorde in werres attendȳg vpon hȳ in his persone. or beyng in other places by his commaū dement within thys londe or wythout. ony thynge sholde lese or forfeyte for doyng theyr true dute & seruyse of alligeaunce. It be therfore ordeyned enacted and establysshed by the kynge our souereyne lorde. by aduyse and assente of the lordes spyrytuell and temporell and comyns in this present parlyament assembled. & by auctorite of the same that from hensforth no maner of person ne persones what so euer he or they be that attende vpon the kynge & souerayne lord of this londe for the tyme beyng in his parsone. and do hym true and faythfull seruyce of alligeaunce in the same. or be in other places by his commaundemente in his werres within this lond or without. that for the same dede and true seruyce of allygeaunce he or they be in no wyse conuycte or atteyne of hygh treason ne of other offences for that cause by acte of parliament or otherwyse by ony proses of lawe wherby he or ony of them shal mow forfeyt lyf londes tenementis rē tes possessyons heredytamentes goodes cataylles or ony other thynges but to be for that dede & seruyse vtterly discharged of ony vexacyō trouble or losse / ¶And yf ony acte or actes or other prosesses of y e lawe herafter thervpon for y e same happ to be made contrary to this or denaunce / that thenn̄ y e acte or actes or other processe of the lawe whatsoeuer they shal be. stonde & be vtterly voyd / Prouyded alway that no parsone ne persones shall take ony benefice or auauntage by this acte whiche shall herafter declyne from his or theyr sayd allygeaunce.
For punysshment of vagabondes & beggers Caplō ij
FOr asmoche as the kyngis grace moost entyerly desyreth amonge all erthly thynges the prosperyte & restfulnes of this his lond & his subgettis of y e same to lyue quietly & surely to y e playsure of god & according to his lawes wyllynge alway of his pyte intendyng to reduce them therunto by softer meanes than by extreme rygour therfore purueyed in a statute made in the tyme of kynge Rychard the seconde. consyderyng also y e grete charges that shulde grow to his subgettes for bryngyng of vagabundes to the gaoles acordyng to y e same statute and the longe abydynge of theym therin. wherby by lyklehede many of them shuld lese theyr lyues. In modryng of the sayd estatute his highnes wyll by thauctoryte of this present parlyament it be ordeyned & enacted. that where suche mysdoers shuld be by examynacyon cōmytted to the comyn gaole there to remayne as is aforsayd. that y e Shyrefs / Mayres / Bayllifs hygh̄ Constables & pety Constables and all other gouernours & offycers of Cytees Burghs Townes townshyp̄s villages & other places. within thre dayes after this acte proclamyd. make due serche and take or cause to be take all suche vagabundes ydle & suspecte persones lyuynge suspecyously. and theym so taken to sytte in stockes there to remayne by the space of thre dayes & thre nyghtes. and there to haue none other sustenaunce but brede & water. and after y e sayd thre dayes & thre nyghtes to be had out and sette at large and thenne to be commaunded to auoyde y e towne / And yf eftsones he be take in suche defaute in the same towne or towneshyp thenne he be sette in lyke wyse in stockes by the space of .vj. dayes with lyke dyete as is before reherced. & yf ony persone or persones yeue ony other mete or drynke to the sayd mysdoers beyng in stockes in fourm afore said or the same prysoners fauour in theyr misdoyng. that thenn̄ they forfeit for euery tyme so doyng .xij. d / ¶And also it is ordeyned by the sayd auctoryte. that all maner of beggers not able to werke within .vj. wekes nexte after proclamacyon made of this acte goo reste and abyde in his hundred where he last dwelled. or there where he is best knowen or borne. there to remayne or abyde without beggȳg out of the sayd hundred vpon payn to be punysshed as is before sayd / And y t no man be excused by that he is a clerke of one Vnyuersyte or of other without he shewe the letters of the Chaunceler of the Vnyuersyte from whens he sayth he comyth / nor none other callynge hymselfe a Souldeour Shypman / or Trauelynge man wythout he brynge a letter from his cappytayne or from the towne where he londed. and that he thenne to be commaunded to goo the streyght hygh way in to his countree / ¶And ouer this it is ordeyned by auctotoryte abouesayd. that yf ony Shyreff or other offycer afore reherced execute not the premysses as is abouesayd of euery vagabunde· heremyte or begger able to laboure or clerke Pylgreme or shypman as ofte as ony such comyth in his syghte or that he hath therof knowlege wythin the Towne where he hath [Page] auctorite rule or gouernaūce. that as often as ony suche of the sayd mysdoers abydinge there by the space of a day departen vnexamyned and vnpunysshed as is aboue sayd. for eueri mysdoer soo deparded. he to lese .xx. d / ¶And that the lorde of euery Lete within this realme and the Shyref in his Tourne. haue auctoryte to enquire thereof in his Lete and Tourne. and the lorde of the Lete to haue for euery defaute founde as is aboue sayd .xx. d / and the Shyref to enquyre in his Tourne of suche escapes within the Iurisdiccōn of his Tourne / And to haue .xx. d. for euery suche defawte founde in his Tourne / and that the penaltee lymytted by this ordynaunce to be forfeyted by ony offycer or ony other persone for none punysshment of vagabundes & other mysruled persones within euery Cyte where Mayre and aldermen ben / y t y e ꝓfite of euery suche penalte be vnto the alderman of euery warde where suche forfeyture is had or made to his owne ¶And also it is ordeyned & enacted by the sayd auctoryte y t it shall be lawfull to eueri man Intytled to haue the sayd penalte dystreyne for it in lyke wyse as the lorde of ony Lete may do for amerciamentes & fines had assessed in the same Lete and ferdermore it is ordeyned & enacted by the sayd auctoryte that none apprentyse ne seruaunt of husbondri ladourer ne seruaunt artyfycer play at the tables from the tenth day of Ienuary next comyng but on̄ly for mete & drynke ne at the tenys clossh dyse cardes bowles nor ony other vnlawfull game in no wyse oute of Crystmas. and in Crystmas to play only in y e dweling hous of his mayster or where the mayster of ony of y e sayd seruauntes is present vppon paī of empresomentee by y e space of a day in the stockes openly And y t the houshold where dising cardynge tenis playenge bowles closshe or ony other vnlawful gā afore rehersid shall be vsed otherwyse than is afore rehersyd. and that lawfully be presented before Iustices of the peas. the mayr shiref in his tourne or steward in his lete or by examynacōn had afore y e sayd Iustices of peas y t proces be made vpon the same as vpon enditement of trespas ayenst y e kynges peas. And y t the sayd mysdoer be admytted to noo fine vnder the somme of .vi. s. viii. d. And that it be lawfull to .ij. of the Iustices of the peas wherof one shall be of the Quo (rum) w tī their auctorite to reiect & put away comen ale sellynge in townes & places where they shall thȳke conuenient & to take surete of the kepars of ale houses of theyr goodbehauyng by the. dyscrecōn of the sayd Iustices. and in the same to be aduysed & aggreed at the tyme of theyr sessions / ¶Prouyded alwaye that dymynycōn of punyshmēte of vagabundes and beggers aforesayd may and shall be had for wymmen greate w t chylde and men and wymmen in extreme seknes bi hym that hath auctorite to doo the sayd punysshementes this acte notwythstondynge /
That actes made ayenst vnlawfull reteynours: riottes & cetera shold be put in excucōn Capitulo: :iij:
[Page]THe kynge our souerayn lorde callyng to his remembraunce that many good statutes and ordenaunces be made for the punysshment of riottes vnlawfull assembles reteyndours and yeuyng & receyuyng of lyuerees sygnes & tokenes vnlawfully. extorciones mayntenaunces imbracery exsesyue takyng of wages contrary to the statute of laboreres and artyficers. the vse of vnlawfull games inordinate apperayll and many other grete enormytees & of fences which ben commytted and done dayly contrary to the good statutes for many & dyuers behofull consederacyon. seuerly made and ordeyned to the hyghe dyspleysure of almyghty god and the grete lette of y e comyn lawe weele of this londe. notwitstondynge that generally by the Iustyces of y e peas in euery Shyre within this realme in the open Sessyons is geuen in charge to enquyre of many offences commytted contrary to dyuers of the sayd statutes & dyuers enquestes thervpon there straytly sworne and charged byfore y e sayd Iustyces to enquyre of the premysses & therin to present the truth whiche are letted to be found by imbracery mayntenaūce corrupcion and fauour by occasyon wherof the sayd estatutes be nor can not be putte in dewe execucyon / For reformacyon wherof for somoche that before this tyme the sayd offences extorcyons contēptes and other y e premysses myght not nor as yet may be conuenyently punyshed by the dewe ordre of y e lawe except it were fyrste founde and presented by the vdyte of: xij. men therto dewly sworne. Whiche for the causes afore reherced wyll not fynde nor present the treuth. Wherfore be it by y e aduyse and assent of y e lordes spyrytuall. and temporall and the comins in this present parlyament assē bled and by auctoryte of the same enacted ordeyned and establisshed. that from hensforth aswell the Iustyces of Assyse in y e open Sessyons to be holden afore them and euery of theym. as the Iustices of the peas in euery Countee of y e sayde realme vpon Informacyon for the kynge to fore theym to be made. haue ful power and auctoryte by theyr discrecyon to here & determyne all offences and contemptes commyted & done by ony persone or persones ayenst the fourme ordynaunce and effecte of ony statute made and not repellyd. And that the sayde Iustyces vpon the sayd Informacyon haue full power and auctoryte to awarde and make lyke processe ayenste the sayd offenders & euery of theym as they shold or myght make ayenst suche persone or persones as ben presented and indyted before theym of trespace done to the kynges peas. and the sayd offender / or offenders duely to punyssh̄e acordinge to the purporte fourme and effecte of the sayd estatutes. ¶And also be it enacted by the sayd auctoryte. that the persone whiche shall gyue the sayd Informacyon for the kynge / shall by the dyscrescrecyon of the sayd Iustyces contente and paye to the sayd persone or persones ayenst whome the sayde Informacyon shall be soo geuen. his resonable costes and damages in that behalfe susteyned yf that it be tryed or founde ageinst hym that soo gyueth or marketh ony suche Informacyon. ¶Prouyded alway that ony suche Informacyon extende not to treason murder or felony nor to ony other offence wherfore ony persone shalle lese lyfe or Membre. nor to lese by ner vpon the same Informacion [Page] ony londes tenementes goodes catelles to the partie makynge the same Informacyon / ¶Prouyded also that the sayd Informacyon shall not extende to ony persone dwelyng in a nother Shyre than there as the sayd Informacyon shall be gyuē or made. Sauyng to euery persone & persones Cytees & Townes all theyr lybertees & fraunchyces to theym & eueri of theim of ryght belonginge and apperteynynge /
That one weyght & one mesure shall be vsed thorugh all this realme Capitulo:: iiij:
PRayen the comyns in this present parlyament assembled where dyuers actes statutes and ordinaunces in the tymes of the noble progenytours and predesessours of our now souereyne lorde y e kynge haue bē made y e one mesure & one weyght sholde be vsed thrugh out this noble realme / and also that in euery Cyte Burgh and towne within the same realme vppon certayne & seuerall paynes in the sayd statutes and ordynaunces lymytted / sholde be comyn balaunce wyth comyn weyghtes and comen mesures marked acording to the estandarde of the Eschequer. by the whiche and other lyke balaunces weyghtes & mesures marked acordynge to y e sayd estandarde. all men sholde bye & sell in auoyndynge of all frawde & discorde in that. behalfe to be vsed whiche actes statutes & ordynaunces haue not be obserued & kepte as now in this present parlyamente it hathe be opēly by dyuerse persones of dyuers parties of this realme remēbred to the great hurte & vexacō of dyuers and many of the kynges subgett of this his realme. For remedy whereof be it of your habundant grace & charge our moost gracious souerayne lorde bi thassent of the lordes spūall & tē porall & by the comyns in this presente parlyamēt assēbled & by auctoryte of y e same enacted & establisshed That vnto the knyghtes & citezins of euery shire and cyte assembled in this present parlyament. barons of the .v. portes & certain burgeyses of Burgh townes or they frō depart this p̄sēt. parlyamēt be deliuered of euery weighe & mesure whiche now our soueraȳe lord hath caused to be made of brasse for y e comȳ weele of all his subgett & lyeges withī this his realme Englōd acordȳg to y e kȳg our souereyne lordis standard of his Echequer of weyght and mesures as they ben in the eschequer of our sayd souerayne lorde and that the sayd knightes Cytezyns and Burgeyses to whom the sayd weyghtes & mesures shull be delyuered as is afore sayd surely conuey or cause y e same to be conueyed on this half the feste of Ester nexte comyng by the sayd Citeyzins to theyr Cytees and by the sayd knyghtes vnto suche Burgh or towne corporate / or market Towne within the shyre for whiche they ben elected as is specifyed & conteined in a sedule vnto this present byll annexid. there to remayne for euer in the kepinge of the Mayre Baylly or other heed Offycer for the tyme beinge of the same Cytee Burgh or towne as the kynges standarde of weyght and mesure / And that thinhabytauntes of all Cytees Burghs [Page] and market Townes within eueri of the sayd Shyres. shall on this halfe the fest of y e Natyuite of saynt Ikn Baptist nexte comynge make or cause to be made comin mesures and weyghtes acordyng to y e weyghtes & mesures aboue said to remayne within the sayd Cytees Burghs & market townes / & euery of theȳ and the weyghtes and mesures to be vewed examined printed signed and marked by the Mayre Baylly or other heed officer in whose possession the aforesaid haue auctorite & power to make sygne and printe vnder the signe & print for y e same with a letter. H. crowned to be printed to assigne and printe lyke weyghtes and mesures vnto euery the kynges leyges and subgettes duly requiring the same. takynge for markinge of euery bushell .i. d. and from the sayd feest of the Natiuyte of saynt. Ihōn Baptist noo marchaūte neother persone ne persōes withī ony Cytee or market towne bye ne sell with ony weyght or mesure excepte it be markid sygned or prynted in manere and fourme afore sayd. ne ony other person or persones out of the sayd Cyttes Burghs and marked townes except it be lyke and egall with the sayd estandarde / and that euery persone aswell withoute Cytees burghs & market townes as within. bye and sell with a busshell sealed sygned or marked after the fourme aforesayd and none otherwise. and that all the Mayres Bayllyes and other heed offycers of euery cytee Burgh or market Towne shall cause twyes in the yere or oftener as they shall thynk nesessary. all weyghtes and mesures within the sayd Cytees Burghs and market townes to be brought afore theym and to be duely vewed and examyned and suche as they shall vpon the sayd examynacōn fynde defectife. immedyatly to be broken and brent and the partie or partyes whiche in that behalfe hath offended and be foū de defectyf. shall forfeyte for the fyrst tyme .vi. s. viii. d. the forfeyture therof to be vnto the sayd Mayre Bayly or ony other hauyng Iurisdiccōn and correcōn in that behalf and at the seconde tyme the sayd offender lyke wyse to forfeyt .xiii. s. iiii. d. and at the third tyme lyke wise to forfeyte .xx. s. and for ferther punysshēt to be set vpon y e pillori to the ensample of other. And two Iustyces of peas wherof one shall be of the Quorum haue auctoryte aswell by examynacyon as by enqere to here and determyne the defawtes of the said Mayres Bayllyes and other heed offycers in that behalf. and also of all byers and selers doyng contrary to this present acte and ordinaunce / and to sette fine and mercement vpon the offenders by theyr dyscrecion And the sayd weyghtes & mesures so founde defectif to be forfeyted & brente Be it also enacted that there be but onnely .viii. busshelles raysed and stryken to the quarter of corne. and .xiiii. li. to the stone of woll and xxvi. stone to the Sacke / ¶Be it also ordeynyd by thauctoryte aboue sayd that the Iustices of peas aboue sayd haue auctoryte to make lyke processe ayenste all persones founden as is aboue sayd defectyf / and for suche fynes and amerciamentes as vpon theym shall be sessed as yf they were endited afore theiym brekyng of the [Page] kynges peas / And that wherby other statutes and ordenaunces afore lymytted. it is ordeyned that euery Cyte Burgh & towne that hath a Constable shulde haue comyn weyghtes and mesures. sealed vpon penalties in the same lymytted. that those penalties in y t behalfe extend not to ony towne whiche is no Cyte Burgh nor market towne. ¶Prouyded alway that this acte shall not extend nor be preiudiciall to ony persone sellyng or byenge by water mesure with in the shyppe borde / And that it be by thauctoryte abouesayd enacted y e premisses or ony other ordynaunce afore made notwithstandyng / that the sayd water mesure within the shyp̄ bord· shall only conteyne: v. peckes after the sayd standarde rased and streken. Prouyded also that the examynacyon of defawtes abouesayd and punysshment to the offenders of euery offence commyted hereafter within ony of the sayd .v. portes / shall be had done & admystred by the lorde wardeyn of the sayd .v. portes or by his lyeutenaunt of the same for the tyme beynge & none other the premysses notwithstondynge / Prouyded alway ȳ this acte of weyghtes and mesures extende not nor be in no wyse hurtfull or preiudiciall to the prynce within the duchye of Corneu all for ony weyghtes apperteynȳ ge to the Cunage of tynne wythin the Countees of Cornewall & Deuonshyre / but that all suche weyghtes be vsed ordred demeaned and corrected as it hath ben vsed & accustumed before this tyme / y e sayd act & ordynaūces notwithstōdīg
- ¶ Westm̄l
- the towne. of Appulby
- ¶Northumbc̄
- the towne. of newcastell
- ¶Cumbr̄
- the cyte of Carleof
- ¶Lanc.
- the towne of Lancaster
- ¶Ebo (rum).
- the cyte of Yorke
- ¶Lincoln̄.
- the cyte of Lincoln̄.
- ¶Derb̄.
- the towne of Derby.
- ¶Notingh̄.
- the towne of Notingham
- ¶Leyc.
- the towne of Leyceter.
- ¶Warr̄.
- the cyte of Couentre
- ¶Rotel.
- the towne of vppyngham /
- ¶North̄.
- the towne of Northamptō
- ¶ Bed.
- the towne of Bedford
- ¶Buk.
- the towne of Bukyngham
- ¶Canterbr̄
- the towne of Cambryge
- ¶Hunt:
- the towne of Huntyngdon
- ¶Norff.
- the cyte of Norwych̄
- ¶Suff.
- the towne of saynt Edmondes bury
- ¶Essex.
- the towne of Chelmesford.
- [Page]¶Herts.
- the towne of hertford
- ¶ Mydd.
- In Westmynester
- ¶Kanc.
- the towne of maydestone.
- ¶Surr̄
- the towne of Gulford
- ¶Sussex.
- the towne of Lewes.
- ¶Oxon̄.
- the towne of Oxenford
- ¶Berk.
- the towne of Redyng
- ¶Salop̄.
- the towne of Shrewesburi
- ¶Staff.
- the towne of Stafford
- ¶ Hereford
- the cyte of hereford.
- ¶Glouc.
- the towne of Gloucestre.
- ¶Wigorn̄.
- the cyte of Worceter.
- ¶Wiltes.
- the cyte of new Salesbury.
- ¶Suth̄.
- the cyte of Wynchester.
- ¶Som̄s.
- the towne of Ilchestr̄.
- ¶Dors.
- the towne of Dorchestre
- ¶Deuon̄.
- the cyte of Excestre.
- ¶Cornub̄.
- the towne of Lustudyell
- ¶Lodon̄.
- the same cyte
- ¶ Bristoll.
- the same towne
- ¶Quin (que) portus
- the castell of Douer.
- ¶Cuntas Couentr̄.
- the same cyte.
- ¶Suthampton.
- the same towne.
- ¶Cuntas Cestr̄
- the same towne.
For puttīg away weares in the port of southāptō Caplo v
FOr asmoche as the portes hauens ryuers crekes and aryuell of shyppes within this realme of Englond. and the costes of the same ben now of late greatly anoyed and hurte & decayed / and in especyall the porte of Southampton the whiche byfore this tyme hath ben the gretest hauen socour and resceyte aswell for marchauntes & shyppes of this reame of Englonde. as of Carrikes Galeys & other shyppes and marchauntes of other regyons and countrees there aryuyng and resortyng to the profyte of oure souerayne lorde the kynge the greate encrease of the marchauntes of this londe and the comyn weele and comforte al the countre therto adioynyng the whiche is now latly greatly decayed / and is lyke shortely more to decaye by reason and occasyon of dyuers and many weares and other engynes for fysshynge there made leuyed fyred and hadd bytwene a certayn place in the sayd hauen called calshord & another place in y e saide hauen called Redbrydge dyrectly / So y t by reason by y e sayd weares & engȳs w tin few yeres. no shyp of grete burdō shall mow come or aryue in y e sayd hauē w tout due & hasty remedy be purueyed in this behalf / For remedy wherof & for y e comyn wele of this reame of Englond & thencrease of the marchaūtes of y e same [Page] The kȳge our soueraȳe lord bi thassēt of his lordes spyrituall & tēporall & y e cōȳs [...] thys present perl yament assembled and by auctoryte of y e same ordeyneth establyssheth & enacteth y t it be lawfull to euery man to abate plucke & take away alle and euery of the sayd weares & engynnes and euery of theym at all tymes at thyr pleysure being in the sayd hauen bitwene the sayd places called Calshorde & Redbryge dyrectly wythout trouble lette or vexacōn of ony man and that noo man lette trowble vex hurte or sue the pluckers vp takers away of the sayd weares and engynnes or theym vpon payne of forfeiture of xl.li. of euery of theim that soo lettyth trowblyth sueth vexith or hurtyth / And that yf ony persone or persones from hensforth make leuy fyxe or sette ony weares or engynes for fysshynge stone tymber or erthe in the sayd hauen dyrectly bytwene the sayd places thenne he or they that so doo. shall forfeyte .C.li. the one halfe of eyther of the sayd sommes to be to the kynge oure souerayne lorde and that other halfe to hym or theym that wyll sue in that behalfe by accōn of dette playnt or byll or in formacion in the kynges Eschequer / And that the defendaunt in suche accōn playnt byll of informacyon be not essoyned nor ony proteccyon be alowed for hym nor be admitted to wage his lawe in that behalfe / And this acte to endure the space of .xx. yeres nowe nexte ensuynge /
For packynge and payenge custumes of wullen clothes Capitulo .vi.
WHere as in the parlyament holden at westmyster the twelfyth yere of y e reyne of kynge Edwarde the forthe late kynge of Englōde amōg other thinges it was ordeyned establisshed and enacted that where ony wullen clothes were or shulde be packed in ony porte wythin this realme of Englonde and thenne to be caryed from thens to ony porte within this realme to be caried ouer the see. that thenne the same clothes so to be packed & caryed. shuld be packed in the presence of the custumers & countrollers of the porte where y e same clothes sholde be soo packed / And that the custumes and subsidies of the sayd clothes due to the kynge sholde be payed and content vnto the Collectours of the custume within the same porte as in the sayd acte playnly apperith. whiche acte for dyuers and many causes and cōsideracōns is thoughte hurtfull & preiudiciall aswell vnto the kynge our souerayne lorde as to the marchauntes In consideracōn wherof be it ordeined establisshed & enacted by y e kynge our souereine lorde bi y e assēt of y e lordes spirituall & tēporall & y e Comȳs of this presēt parliamēt assēblid & by auctorite of y e same. y t frō hensforth y e custume and subsydee of alle wullen cloches to be shippyd or caryed ouer the see where soo euer they ben packed. shall be payed to the Custumers of the porte or portes where ony suche clothes shall be lade or shypped or to theyr deputes. this acte or ony other acte here before made to the contrary notwythstondynge.
For punyshment of ryottes Capitulo vii
Prayen the comyns of this your londe in this present parliament assemblid that where for the grete surete rest peas and tranqyllyte of your sayd comyns true lyege men and subgettes enhabyted in this your realme dyuerse and many good statues actes & ordinaunces haue ben made in tymes past ordeyned and stablysshed to subdue and punysshe riottes for the vnlawfull reysinge & ledinge of your people riottes routes and other vnlawfull assembles. wherby many euyll dedes Ieopardees perilles fere & drede to your subgettes haue growē and there vpon greate penaltees sette vpon the sayd ryottours and offenders as in dyuers remembred statutes actes & ordinaunces in the dayes of your noble progenytours at seuerall tymes made ordeyned and prouyded more at large dooth and may appere / yet the same actes notwithstondinge. some persones not dredynge god. theyr souerayne lord ne y e punysshment of y e lawes made & had in this beal [...]e. oftymes aswell by colour of suche offyces as they haue obteyned. as Receynours Stuardes and Bayllyfs of lordshyps and other offyces. as by preuy reteynders by other promyse couenaunt & otherwise and clamynge also dutie of theyr tenauntes & seruantes where none suche dutie is to goo with theym whan suche assemble ryotte or route shall be. And after the same dyuers of the sayd seruauntes and persones oft tymes retret and absent theimselfe by the agrement couyne and counsell of the sayde maysters and of the sayd pryncipall ryottours Soo that they maye not be takē ne brought to answere to y e lawe as the lawes requyre / And yf ony inditementes be had. it shall be made vpon suche persones as so retret and absent themselfe and no thynge founden ayenst the sayd pryncypall riottours in dysceyte and frawde of the sayd gode statutes actes and ordinaūces thereof made to the grete courage and boldnesse and comfort of the sayd euyll doers. moost daunger Ieopardie and perill of your sayd wel disposyd subgettes and to the werst ensample that therby maye ensue yf hasti remedy therin be not prouyded. It may therfore playse your hyghnes of your moost louynge dysposiciōn that ye bere & owe to the comen weele of this your londe and to the grete surete of your subgettes of the same. by the aduise of the lordes spirytuall and temporall and the comens in this present parliament assembled and by auctoryte of the same to do ordyne enacte & stablissh̄. that what so euer ꝑsōe or persones wythin this your realme of what estate degree or condicōn he be. that hereafter vnlawfully reyse assemble or lede youre people wythin this your realme wythoute your cōmaūdemēt or auctoryte of your lawe and cōmitte ony riott that thēne yf the party greued or ony other ꝑsōe in the kyngis behalfe cōplayne to the Iustices of the peas within the Coūtre where suche riotte is done or to oni of theim hauinge auctoryte to enquire of the same where suche ryotte and vnlawfull assemble shall be made by bylle cōteininge the riotte & the circumstaunce of thesame and of what Towne Shyre. mystery or condycyon euery of the persones ayenste whome the same complaynte be made / ys dwellynge. or elles. [Page] yf the sayd ryottours be endyted therof. thenne theru vpon the sayd Iustices and euery of them haue auctoryte & power in the nexte generall Sessyons of the peas within y e same Counte to be holden after the complaint so to them made or inditememt therof had afore the same iustice to doo make proclamacyon that the sayd mayster or maysters pryncypall or princypalls leder or leders that vnlawfull cause the sayd people to gader or ryse. that they appere personelly at the next generall Sessyons of y e peas after the sayd proclamacyon soo made. & euery other persone or persones that were present and attendaunt vpon him or them by his or their commaundement procuryng or assent conteyned in y e sayde proclamacyon at the sayd ryotte rout and assemble and euery of them personelly to appere at the sayd next Sessyons of the peas next after y e sayd proclamacyon to be holden within the sayd Countye / At whiche day yf the sayd mayster or maysters pryncipall or pryncypalles leder or leders or ony other or the forsaide offenders appere. then̄e he or they to be put to answere thereunto yf it seme the sayd Iustyces resonable and be putte to [...]uffycient bayl by reconysaunce before the sayd Iustyces to appere personelly from lessyons to Sessyons vnto y e tyme that the complaynt he discussed. And yf he or they refuse so to do then he or they be commytted to ward there to remayne tyll they wyll / And yf ony of y e persones ayenst whom suche complaynt or indytement is had or made dwellīg other Countee than in the same Countee where suche ryotte rout and assemble is made / That thenne the Iustyces to or a fore whome the same complaynt or indytementes is had or made / do send a transcrypte of the same complaynt or ī dytement to some Iustyce of y e peas in y e Countye where such persone is dwellyng desyrynge hym to cause proclamacyon to be made in y e next generall sessyons of y e peas in that countee to be holden y t the same persone or persones appere at the next generall sessyons of the peas in y e thyre where the sayd ryotte is done next after the same proclamacyon to be holden. And yf the same persone or persones dwellyng in a forayne shyre appere. thenne lyke ordre to be had for hȳ or them soo apperyng as is afore specyfyed for & to theym that ben dwellyng in the sayd shyre where y e sayd ryotte is supposed to be done or made / And yf the same persone or persones or ony of thē ayenst whom such proclamacōn is made in the Countye where the sayd ryot is supposed to be done and they be dwellynge at the tyme of the same proclamacion makyng in the same County make defawte and appere not at the sayd generall sessyons to hym or them lymytted in the sayd proclamacōn and eftsones after that make defaut and appere not at the nexte generall Sessyons after that / Soo that lyke proclamacyon be made as is aforesayd. ¶And yf ony of the sayde ryottours ageynste whome proclamacyon is made in a Foreyne shyre where they be dwellynge make defawte at the daye and place in the sayd proclamacyon to theym lymytted thenne he or they in whether of he sayd Shyres they dwelle that soo make defawte / to stō de and be adiuged and conuycte vpon the same defawte of the sayd ryotte and vnlawfull assemble yf he or they were therof conuycte by the due ordre of the [Page] lawe / without he or they canne make suche lawfull excuse as the sayd Iustyces shall thynke resonable by theyr dycrescyon. And thereupon suche processe to be awarded ayenst them as is acustumed vpon condempnacōns of trespace in your comen benche at the sute of the partye. And that the sayd Iustices of y e pease haue auctoryte and power to here & determyne y e reherced causes as well vpō byll before them as by enditementes and vpon the same byll or indytementes to procede & determyne y e same bi inquestes accordynge to the course of the comyn lawe. And the partye therby and therupon to stonde conuycte as perfytly as yf they were therupon conuycte by due processe of the lawe. And yf y e sayd mayster or maysters pryncypall or princypalles leder or leders or ony other afore reherced offender be conuycte vpon the premysses thenne he or they be commytted to pryson. there to remayne and abyde without bayll or maynpryse by suche tyme and space as shall be thoughte resonable by dyescrecion of y e sayd Iustices. And then he or they departe out of pryson / to pay theyr fyne sessed after the dyscrecyon of the sayd Iustices his or their haueour & offences considered ¶And that it be enacted by the sayd auctoryte that by the dyscrecyon of y e sayd Iustices and as they se nede euery of the sayd mayster or maysters pryncipall or princypalles leder or leders and other the sayd offenders so couicte be bound to y e kynges pease from hensforth in suche sōme or sōmes of money as shall be consydered by the sayd iustices / And the sayd surete to stonde by the discrecion of the sayd Iustyces And yf it be soo that the sayd ryotte & vnlawfull assemble be committed w t the nomber of xl. persones or aboue or with lesse nomber thanne .xl. and that by the discrecyon of the sayd Iustyce it be thought haynous. y t thenne yf the sayde mayster or maysters pryncipall or princypalles. leder or leders y t haue appered and soo therof be conuycte. that thenne they remayne in pryson vnto the tyme that they haue found suffycyent surety to appere afore the kynge and his counsell at a certayne day by the sayd Iustyces to be lymytted at the whyche day or afore the keper of the gaol rolles of the sayd recordes shall doo to be sent vnder his seale the sayd hole recorde of the conuyction to the kynge our souerayn lorde and his counseyll to thentente that his hyghnes and his Counsell may awarde suche emprysonement and fines of the sayd mayster or maysters pryncypall or pryncypalles leder or leders as by his highnes and by his sayd Counseyl shal be thought conuenyent / And yf the partye complaynaunt as is aforsayd can not proue the matter of his sayd byll to be true then he to pay resonable costes and damages of the partye vexed as shall be thoughte resanable by dyscrecyon of the same Iustyces / and they to make ayenst the same complaynaunt not prouī ge the matere of his sayd byll to be true. suche processe ayenst hym for the sayde costes and damages as is afore lymytted ayenst the sayd ryotours conuycte of the sayd ryotte for the payment of theyr sayd fynes. And yf the sayd complaynaunt or complaynauntes haue not suffycyent wherof to restore the partye and partyes soo vexed or trowbled in fourme aforesayd / that thenne he ymmedyatly be rommytted to y e comen gaole by y e sayd Iustices there to remayn y e space & [Page] tyme as shall be thoughte by the sayd Iustices conuenyent and resonable. And y t this acte endure but vnto the nexte parliament /
For punyshment of Vsurers Capitulo viij
PRayēge y e comyns in this presēt parliament assēbled y t wher in the parlyament holdenat westmystre the thrid yere of your moost noble reygne It was enacted ordeyned and establysshed that of for and vpon bargeynes grounded in vsury colored by the meanes of newe cheuesaunce or eschaunge contrary to the lawe of naturall Iustices to the greate displesure of god and of our sayd soueraine lorde and the comyn hurte of this his londe. that certayn punisshmentes and penaltees sholde renne vpon the offenders in that behalfe as in the sayd acte more at large is conteyned whiche acte was and is so obscured derke & defuse. that the true entente of the makers therof can not perfitly be vnderstonde wherfore and for the playne explanacōn and declaracōn of vsury and penaltees to be hereafter excuted vpon thoffenders in the same / The kynge our soueraine lord by thassent and aduice of the lordes spirituall & temporall and the comyns in this present parlyamen assembled & by auctorite of the same ordeineth enactyth and establysshth that all manere of persone or persones lenynge money to and for a tyme takynge for the same lone ony thinge more besides or aboue y e money lente by way of contracte of couenaunt at the tyme of the same lone. Sauynge lawfull penaltees for none payment of the same money lent: and that all manere of persone and persones whiche hereafter sel oni goodes catelles or marchaundyses to ony persone or persones beinge in necessite. and the seller himselfe or by his brokar or factour in that behalfe agayne bye the same goodes catelles or marchaundyses of the same persone to whom they were solde beynge in necessite of his brokar or factour in that behalfe within thre monethes after they ben solde fore a lesse somme of money than they were solde for knowynge the same goodes soo bought ayen / afore by the same byer or byers to be solde after the fourme afore sayd / And that euery persone & persones lenynge or takynge ony money to ony persone or persones to a certayne tyme and takyth londes renementes or ony hereditamentes or other boundes for surete perfyte and sure repayment of his or theyr money lent at the tyme assygned wythout condycōn or auenture / and also at the tyme of the same lone or takynge of the sayd money couenauntyth appoyntyth or contractyh couenaunten appoynten or contracten that he or they that soo lene or take moneye / shall haue the reuenues and profytes of the londes tenementes or hereditamentes of hym that soo boroweth or takyth money by a certayn tyme that thenne euery persone hereafter vpon ony of the promysses conuycted. forfeyt the moyte of the value in money of the sayd money goodes catalles marchaundyses as is aboue sayd soo solde or lente after suche value as they ben solde or lente for after ony fourme aforsayd. wherof the kynge shall haue the one moyte of the same forfeyture / and the partye that wyl sue the other moyte / And yf noo man wyll sue. thenne the kynge [Page] haue the hole / And this sute for the sayd penalte and forfeyture to be aswell at the kyngis sute as ony other y t wyll sue by informacōn in ony of the kynges Courtes of recorde. And suche proces to be had in the same. as is vsed in other acciōs of de [...]te at the comen law in the same Courtes. ¶Prouyded alway that in the courtes of Chauncery & Eschequer they shall make suche proces as hath be vsed afore tyme Informacions afore theym cōmenced wherin the defendaunt shall not wage his lawe nor proteccyon ne essoine de seruyce le roy in the same alowable / And that the same acte and ordinaunce made the sayd thirde yere and all thynge ther in conteyned be from henforth vtterly voyde and of none effecte Reseruynge alweye to the spirituall Iurisdiccōn theyr lawfull punysshmētes in euery cause of Vsury /
An acte concernyng thinhabitantes of North and South Tyndale Capitulo ix
FOr asmoche as thinhabytantes & dwellers within the lorde shypp̄ and boundes of North Tindale and South Tindale not on̄ly in theyr owne persones but also often tymes accompanyed and confedred with Scottis auncyent enmyes to this realme. haue at many seasons in tymes paste commytted & doon and yet dayly and nyghtly committed and doo grete and hanoyous murdres treasons robberies felonies depredacōns riottes and other grete trespaces vpon the kynge our souerayne lordis true and faithfull lyege people and subgettes inhabitours and dwellers within the shires of Northumbrelonde Cumbre londe westmerlonde Examshire the bisshiprishe of Duram & in a parte of York shire whyche treasons murdres robberies felonies and other the promysses. haue not in time past in ony manere of fourme be punysshed after thorder & course of the comen lawe by reason of suche fraunchises as was vsed within the same while it was in the possession of ony other lord or lordes. than our souerayne lordis. and thus for lacke of punysshment of the sayd treasons murders robberies felonies and other the premisses. the kyngis true and faythfull liege people and subgettes inhabiters and dwellers within shyres and places before reherced. can not be in ony manere of suretie of theyr bodies or goodes nother yet lye in their owne howses but eyther to be murdred or take or caryed in to Scotlonde and there raunsonned to their greate distruccōn of body and goodes and vtter empouerisshynge for euer on lesse due & hasti remedi be had & foūde in y e premis-Inconsideracōn wherof y e kynge our souerayne lorde for very zele & gracious fauour y t he berith to y e comē wele of thꝭ his realme not willīg his true & faithful lyege people subgettes to fayl of remedi ī y e p̄mysses. hath ordeyned establysshid & enacted by thassent of his lordes spūall and temporall and the comens of the same his realme ī thꝭ p̄sēt ꝑliamēt assēbled & bi auctorite of y e same y t y e said lordship & boūdes of north & south tīdale now beīg ī his hōdes & allōdes & tenemētes w t ī y e sam̄ ī whos possessiō so euer thei be & eueri ꝑte y er of stōd & be frō hēsforth gildable [Page] and parte of the shyre of northhumbrelonde aforesayd and no fraunchyse ne fraunchysed but that all manere of the kinges wryttes shall renne & all his offycers. as well the wardeyne or wardeyns of the Este and mydyll Marches of Englonde towardes Scotlonde theyr lietenaunde or lieutenauntes the Iustices of peas shyref Eschetour Coroners Bayllyes and other officers and theyr deputies and euery of theym of and wythin the Countie of Northumbrelonde afore sayd and all there warraūtes and preceptes shall be obeyed & of greate auctoryte in the lawe by reason of this acte within the sayd lordeshype and boundes of North and South Tyndale and in euery part therof as in oni other partie of y e sayd shyre of Northumbrelonde. and ouer this y t no persone or persones of what estate degree or condicōn he or they be of that now hath or that hereafter shall haue auctorite or power ī his or theyr owne right or ony other mannis to dimitte or lete to ferme for yere or yeres terme of lyfe or at wyll ony londes or tenement within the lordship̄ & boundes of North & South Tyndale aforsayd. lete or dimitte to ferme for yere or yeres terme of lyfe at wyll ony londes or tenementes withī the sayd lordship̄ & boundes aforsayd but that the lesse or lesses before he or they take or occupye beforce of ony suche leas ony suche londes and tenementes fynde gode and suficient surete atte the ieest two persones hauyng londes and tenementes within the sayd shyre of Northumbrelonde not beinge within the sayd lordship and boundes of North & South Tindale to y e full yerely value of fourty shelynges ouer and aboue alle manere charges and repryces / by reconysaunce to the kynge our souerayne lorde in .xx.li. before two at the leest of the Iustyces of the peas of the sayd Shire of Northumbrelonde for the tyme beynge wherof one shall be of the Quo (rum). vpon this condicion that yf the sayd lesse or lessees within .viii. dayes warnynge to theym or ony of theym personally or openly at his or their owne hous or in his or thyr paryssh chirche yeuen by ony of the sayd Iustices of the peas. the Shyref of the sayd Countie of Northumbrelond and warden of y e Eest & myddell Marches for ayenst scotlonde or his lietenaūt personally appere not before the same Iustices of the peas wardē or lietenaunte at ony sessession or sessyons gaole delyuere warden court at suche place and dai within the sayd shyre of Northumbrelonde. or day or dayes of trues whersoeuer it. shall fortune theym to be assygned and as they or ony of theym shalbe therun to as before is rehercyd warned. there and thenne to answere alle suche treesons felonyes murdres and trespacers or attemptates contrary to the trues from hensforth by theym or ony of theym to be done / that thenne the sayd somme of .xx.li. shall be forfeyted the one halfe therof to the kynge our souerayne lorde and y e other halfe to hym or theim y t wil sue therfore yeuynge therof to y e Iustices before whom the reconysaunce is or shall be taken after thexecucyon therof he had of is sayd parte soo recouered .xl. shelynges. And that the sayd Iustyers of peas afore whom the sayd reconysaunce is or shall be takē as befor is rehercyd and all other Iustyces of the peas within the sayd shyre of Northumbrelonde for tyme beyn̄ge shall by reason of thys sayd acte hauefull auctorite to enquire ther [Page] of & to take presentementes and Informacōns therupon & to awarde proces & execucōn of and for the same sōme vpon ony presentement or Informacōn made theron in lyke and as ample fourme as the kynges Iustices of his Benche shall or may doo of or for ony reconysaunce taken afore theym forfeyted for the kepeynge of the kynges peas / And yf ony persone or persones after the feest of Ester nexte comynge take vpon hym or theym to let or dymytte as before is reherced ony londes or tenementes within the sayd lordshyp or boundes of North and South Tyndale where noo suche suretie is before had and founde as before is reherced. that persone & persones that so letten or dimitten shall by this same acte for euery acar of grounde and euery mese and mansyon or dwellynge place wythin the sayd lordshyppe and boundes aforesayd by hym or theym soo letten or dymitte forfeyte .xl. shelynges. the one halfe to the kynge and the other to hym or theym that wyll sue therfore / And that y e Iustyces of the peas of the sayd Shire of Northumbrelonde for the tyme beynge / shall haue lyke auctoryte in all thinges concernynge this forfeyture as by this acte & ordynaunce is gyuen to they ym in reconysaunce afore expressed. and that all manere of leasses dinussions made or to be made of ony londes or tenementes wythin the sayd lordship and boū des of North & South Tyndale for the whyche noo suche surete shall be had & founde at the sayd feest of Ester. and so forth as tofore is rehercid. be and stonde from thens forthwarde voyde & of none effect And yf ony persone or persones of what estate degree or condicōn he or they be of / take vpon hym or theim after the sayd feest of Ester to entre occupie dwell holde or inhite ony lōdes tentes or grounde whiche the sayd lordeship and boundes of North and South Tyndale not beyng his owne inherytaunce in fee symple or in fee tayll without vnlawful or suffycient auctoryte and sufficient suretie by hym or theym founde as before is reherced except he be a lorde spirituall or temporall of this realme / that he & they so doynge haue ymprysonement by the space of a yere wythout bayll or maynpryse and so to contynue tyll he haue founde suffycient surete to the kyng by reconysaunce afore the Iustyces of peas of the sayd Countie to be of good berī ge ayenst the kynge and all his liege people /
For leuyenge of the arrerages of the beneuolence laste graū ted Capitulo x:
PRayen the comyns in thys present parlyament assembled that where dyuers and many of your subgetes seuerally graunted to your hyghnes dyuers sommes of moneye of theyr free wylles and beneuolence for the deffence of this your realme towarde the charge and greate expences that your hyghnes susteyned and bare for the sayd deffence aswell in your sayd viage royall in the parties of Fraunce beyonde the see as on this syde in and for abowte the same whyche viage your sayd hyghnes toke vpon you in your moost royall personne [...]o the grete Ieoperdye and labour of the same aswell for y e sayd defence of thys [Page] your sayd realme as for the suerty profyte weele & commodite of vs all youre true lyege men and subgettes enhabited in the same / of which sommes of money dyuers your sayd subgettes inhabyted in the same of which sommes of money dyuers your sayd subgettes full louyngly haue made to you true payment accordyng to theyr grauntes and other many seuerall summes of money by dyuers your subgettes to you in that partye graunted as yet remayn not content ne payed. part wherof reste in the hondes of the sayd grauntours and parte in the hondes of the Commyssyoners Collectours & receyuours in that party assignyd for the leuy rerynge and kepynge of the same whiche is not only to the damage losse and hurte of your sayd hyghnes / but also to the murmure grudge & myscontentynge of suche your sayd subgettes as hauen made their sayd paymentes in that behalfe / Wherfore may it please youre sayd hyghnes by the aduyse and assent of your lordes spyrytuall and temporall and the Comyns in this present parlyament assembled and by autoryte of the same / to ordeyne enacte and establyssh that proclamacyon be made in euery Shyre towne and hundred within this your reame / that euery persone & persones whiche haue not cō tente and payed the sommes of money by them graunted to your hyghnes for the causes remembred / That suche Commyssyoners Collectours Receyuours & other persones deputed to receyue the same that they do make payment therof within thre monethes nexte after the sayd proclamacyon made to the sayde Commyssyoners Collectours Receyuours or other persones that herafter shall be therunto deputed or assyngned by your highnes by your letters patentes vnder your greate seale in lyke wyse to be proclamed / And that the sayd Commissyoners haue auctoryte and power to make processe to take euery such persone or persones as soo shall make defaute of payment by his body. and the same to commyt to the comyn gaole there to remayne and abyde without bayll or maȳ npryse vnto the tyme he hath payed his sayd dutyes or ellys-fynde suffycyent suerty for the payment of the same to the sayd Cōmyssioners agreable / And yf ony suche persone that hath made payment of his sayd duty graunted. be decessed. that thenne the goodes and catayles of hym decessed beyng in the hondes of his executures of admistratours not admynystred be charged and chargeable to the sayd payment / And that the sayd Commyssyoners haue lyke auctoryte & power to doo ordeyne and awarde processe for the leuy of the same / as the Barons of the kinges Eschequer doo and may doo for the kynges dutyes restynge afore theym of recorde in the sayd Eschequer ¶And the sayd Commyssyoners Collectoures or Receyuours afore this tyme therunto deputed or that hereafter for and to the same shall be deputed hauyng and takynge the Recept of the same your money or ony perell therof. be seuerally countable for the porcyons by theym seuerall receyued before your Tresorer of your warres that was by you assygned in your sayd vyage royall or ony other persone or persones that herafter by your hyghnesse shalbe therunto deputed and assygned of and for all suche sommes of money as they seuerly haue receyued or shall come to theyr hondes before suche [Page] Auditours as by your hyghnes shall be assygned in that partye. And yf ony of the sayd Commyssyoners Collectours or Receyuours come not to make theyr accomptes att suche daye and place as shall be lymytted in your pryue seale to theym dyrected in that partye that thenne vpon Certyfycat of the delyuere of y e sayd wryttes or pryue seales made by hym that the same delyuered vpon his othe vnto the Chaunceller of Englond for the tyme beyng. the sayd Chaunceller for the same tyme beyng haue auctoryte and power to make Commyssyons vnder your greate seale to certayne persones by his discrecyon to be lymytted and chosen to take the bodyes of the sayd persones that soo shall make defawte and theym to commyte to warde on lesse thenne he make before the sayd Tresorers or Commyssioners such excuse as to them shall seme resonable. there to remayne tyll they haue made theyr accomtes of and for the premysses and satysfyed content and payed the dutie by theim dewe vpon theyr sayd accomptes Tresorer of your warres or to suche other persone or persones to your vse as your grace shall depute and assygne in that partye to receyue the same / ¶And [...]uer this be it enacted by the sayd auctoryte. that yf ony trauers fortune to be [...]ytwene the sayd Commyssyoners afore this tyme assigned to receyue the kyn [...]es sayd duties collectours and the sayd grauntoures of and for payeng & not [...]yenge receyuynge or not receyuynge of the sayd somme or sommes of money or ony parte therof that thenne yf the sayd grauntours shewe acquytaunce writynges bylles or byllettes wherby it may appere afore the Commyssyoners hereafter to be assygned the Commyssyoners or Collectours afore this tyme assygned in fourme reherced haue receyued the somme or sommes of money or ony parte therof that shall be in trauers / or that the sayd grauntours offre to brȳ ge two wytnesse or mo that wyll wytnesse and testefye the sayd payment or that ony grauntour or grauntours denye the graunte of ony suche somme or sōmes of money or ony part therof of theym demaunded. that therupon the sayd commyssyoners herafter to be assygned. haue auctoryte and power to here the hole matere euydence wrytynges witnesse and proues concernynge the sayd trauers and denyenge of the sayd grauntes and thenne to charge and discharge euery of the sayd persones by theyr dyscrecyons as they shall seme best / and the same charge or dyscharge to binde and discharge euery of the sayd partyes ayenst y e kynges highnes as yf it were adiuged before y e Auditours assygned by due oryginal in ony of y e kȳges courtes of record bytwene party & partye in accyon of accomptes or ellis that the kynge were playntyf in the sayde accyon of accōpte ¶Be it also ordeyned by the sayd auctoryte that the sayd Commyssyoners he [...]eafter to be assygned by y e kyngs hyghnes / shal by theyr dyscrecyon vpō their accompte and full payment made of all sommes of money by theym receyued or to be receyued by the Collectour or receyuours of the sayd sōmes of beneuolence shal by theyr-dyscrecyōs alow vnto y e sayd receyuours & Collectours / such theyr resonable costes & rewardes as they for y e gaderȳg of y e said sōmes haue sustened / Prouyded alway y t this act shal not extēd to charge ony heyre of ony man that hath afore tyme graūted ony somme of mony by way of his beneunlence
An acte concernynge takynge of apprentyses in the Cyte of Norwyche Capitulo Vndecimo
PRayen the comens in this present parliament assembled that where the Cyte of Norwyche whiche is an auncyent Cyte. is greatly decayed. the especyall cause wherof is for asmoche as there is a statute made at westmestre the seuenth yere of the regne of kynge Herry the fourth conteynynge amonge other thynges. that noo man nor woman shall putt sone or doughter to be apprentyse within ony Cyte or towne within the realme but yf they haue londes or rentes to the value of .xx. s. at the leeste by the yere and that to be testyfyed vnder the Seales of two Iustices of peas where the sayd childe was borne. by force of whiche statute many and dyuers greate vexacions trowbles & losses haue be done to the Cyteyzins of the sayd Cyte aswell for the receyuynge of theyr owne children as other to be theyr apprentyses wherby the moost substancial crafte in the sayd Cite callyd wortedeweuers & Clothyers by whiche craftes y e weele of the sayd Cyte hath and sholde be mayntened supported and contynued amōge other dyuers craftes there vsed ben greately decayed. by reason whereof the yonge people of the sayd Cyte ben gyuen to ydylnesse vyces and other dyuers mysgouernaunce. And yf noo remedy herein be had / it is lyke to be the vtter dystruccōn of the sayd Cyte. wherfore pleas it your hyghnes of your moost benynge grace in consideracō of the premisses bi thassent of the lordes spirituall & temporall & the comyns in this present parlyament assembled & by auctorryte of the same / to enacte / ordeyned & establysshed that the sayd Citeyzyns & euery of theym for euer from hensforth shall be at theyr lybertees to receyue and to take to theyr apprentyses the sone or doughter of ony persone or persones whiche woll put theyr sayd sones or doughters to be apprentyses in y e sayd Cyte the statute aforsayd and the paynes in the same conteyned not withstonddyng. And that they and euery of theym for euer from hensforth shall be forprised and excepte out of euery punysshment and hurte conteyned in the sayd statute / ¶Moreouer where in the sayd Cyte in tyme paste hath of longe tyme be vsed. that there sholde no mā take vppō hym to shere worstedes called tēyerdes Stamyns ne other worstedes but yf he had be apprentyse to thoccupacyon or sherynge of worstedes by the space of .vij. yeres. So that he myght haue the knowlege and cunnynge in y t crafte how be it now of late many and dyuers persones aswell alyence straungers as other foreyns not dwellyng nor inhabyted haue within your sayd Cyte by suportacyon and mayntenaunce of dyuers persones inhabitauntes in the sayd Cyte for theyr synguler lucre. take vpon theym the occupacyon of sheryng of worstedes and stamyns which haue not the syght nor connynge in that occupacyon nor haue be apprentyse to the same by whome grete hurtes and dyuers losses haue be for the defawte of cunnynge by cuttyng and other wyse of the sayd worstedes / to the owners and other your subgettes in this your realme. infamy also and sclaunder aswell to thoccupacyons [Page] of worstedes and worstede shermen / as to the marchauntes whiche put theym so hurt and kytte in the sheryng to sale / And yf redy remedy be not had in thyse premysses and reformacyon bothe the sayd occupacyon of worsted makyng and also of worsted sheryng whiche god forbyd / is lykely to be distroyed for lacke of good polycy and ordre / Wherfore it may pleas your highnes by thauctoryte aforesayd for the comyn wele of your marchauntes and other your subgettes of this your realme / and for the conseruacyon and susteynyng of the sayd occupacyon of worstedes and worsted sheryng to enacte ordeyne and establysshe. that from hensforth no man shall take vpon hym to shere worstedes wythin the sayd Cyte but yf he hath be apprentyse to the sayd occupacion of worstede sheryng by the space of .vii. yere or suche as the maysters of the sayd occupacyon w t in the sayd Cyte for the tyme beyng approuyng theyr cunnyng with the aduyse of the Mayre for the tyme beyng wyll admytte. And they that take vpon them the contrary & the mayntenours of hym or them soo mysdoyng as afore is sayd eche of them to forfeyt for euery defawt .xx. shelynges halfe to you gracyous and souerayn lorde. and halfe to the sayd Mayre and maysters of the sayd occupacyon of worstede sheryng for that tyme beyng / And y t noo man inhabitaunt in the sayd cyte cytezyn or other beyng no shereman kepe ony sherman of worstedes wythin his hous after the feste of Ester next comyng vnder the payne of xl. s. as oft as he be in defaute in y e same / thone half to. be enployed to you our souerayn lorde / and thother halfe to the sayd mayre & maysters of the sayd occupacyon of sheryng of worsted And that the sayd maysters of the sayd occupacyon of sherynge of worsted haue fre serche of the sayd crafte of worsted sherynge in euery place aswell wythin the dwellyng places of shermen dies and calenderers of the. same worstedes & other inhabitauntes in the sayd cyte & precyncte of the same. and yf ony cytezin or inhabitaunt of the sayd cyte. denye the sayde wardens of worsted sheryng due serch or go contrary to this prouysyon & ordinaunce / shall forfayte y e somme. of .xl. s. for euery defawte / the moyte therof to you souerayn lord and thother moyte to the forsayd Mayre and maysters of the sayd ocupacyon / The sayd paynes to be leuyed after the fourme and ordynaū ce purueyed for the correction of the crafte & occupacyon of worsted weuers w t in the sayd Cyte / Prouyded alway that the sayd occupacyon of worsted sherȳg shall make or do to be made none ordynaunce concernyng the sayd occupacyon among themself but suche as the mayre for that tyme being with his brederne aldermen shall thynke necessery and proufytable to the kynges subgettes.
For wryttes to be gyuen & lerned counseyl to be assigned to the pore peple without payēg ony mony therfore Caplo xij
PRayen the comens in this present parlianient assembled that where the kynge oure souerayn lorde of his moste gracyous dysposycyon wylleth and entendeth indyfferente Iustyce to be had [Page] and mynystred accordyng to his comen lawes to all his true subgettes as well to the pore as ryche which pore subgettes be not of habylyte ne power to sue accordynge to the lawes of this londe / For the redresse of Iniuries and wronges to them dayly done aswell concernynge theyr persones theyr Inherytaunces as other causes. For remedy wherof in the behalfe of the pore persones of this londe not able to sue for theyr remedy after the cours of the comyn lawe / Be it ordeyned and enacted by your hyghnes and by the lordes spyritual & temporal and the comyns in thys present parlyament assembled and by auctoryte of the same / that euery pore persone or persones whiche haue or herafter shall haue cause of accōn or accōns ayenst ony persone or persones wythin this realme. shal haue by the dyscrecōn of the Chaunceler of this realme for y e tyme beyng wrytt or wryttes orygynal & wryttes of (sub pena) accordynge to the nature of theyr cause therfore noo thinge payeng to your hyghnes for the seales of the same nor to ony persone for the wrytyng of the same wrytte or wryttes to be herafter sued. And that the sayd Chaunceler for the same tyme beyng shall assygne suche of y e clerkes whiche shall do and vse the makyng & wrytyng of y e same wryttes to wryte thesame redy to be sealed / And also lerned counseyll & attorneys for y e same without ony rewarde takyng therfore / And yf the sayd wrytte or wryttes be retourned / yf it be afore the kynge in his benche / the Iustyces there shall assygne to the same pore persone or persones counsell lerned by theyr dyscrecyons whiche shall geue theyr counseyls no thynge takynge for the same and in lykewise thesame Iustyces shall appoynt attourney & atturneys for the same pore persone or persones & all other offycers requylyte and necessary to be had for y e spede of the sayd sutes to be had & made whiche shall doo theyr dutyes withoute ony rewarde for theyr counseyls helpe and besynes in the same and the same lawe and ordre shall be obserued and kept of all suche sutes to be made afore y e kinges Iustyce of his comen place and barons of his Eschequer / And all other Iustices in courtes of recorde where ony suche sutes shalbe.
That horses shal not be cōueyd out of the lōd without the kīges lycēce: nor maares ouer the pryce of vi shelynges viij pence: Capitulo xiiij
FOr asmoch as many horses & mares of y e brede of this lōde now of late haue be caried & cōueyd out of y e same ī to y e parties of beyōd y ese which causeth not only y e smaler nōbre of gode horses to be w tī this realm for y e defēce therof but also y e grete & good plēte of y e sam̄ to be ī y e sayd ꝑties beyōde y e se y t in tymes paste were wont to be withī this lond / & ouer y t the pryce of euery of them to be gretly enhaūced hereto y e losse & noyaūce of al y e kȳgꝭ subgettes w tī y e sam̄. For remedy wherof it be ordeyned enacted & establisshed by y e kȳg our souerayn lord by y e aduyse of y e lordꝭ spūal & tēporal & y e comīs ī thꝭ p̄sēt ꝑliamēt assēbled & bi auctoryte [Page] of the same / that from hensforth noo manere of persone ne persones cary or conuey ony hors out of this londe without the kynges speciall licence vpon paine of forfeyture of the same / Or ony maare aboue y e value of .vi shelynges .viii. pence without the kynges specyall lycence vppon the sayd payne of forfeyture of the same maare / the owner therof or his deputie receyuynge for the same maare .vi. shelynges .viii pence at the tyme of the seasire vpon the sayd forfeiture or elles it to be not forfeite and at y e tyme of seasire of the sayd maare or maares they shall be praised by y e heed officers of the towne where ony suche maare is taken and there openly to be solde to the beste price / and the halfe deale of y e ouer pryce of her beynge aboue .vi. shelynges .viii pence / to be to y e kynge and the other halfe to hym that soo seiseth. and the kynges parte therof to be delyuered to the Custumer of the sayd porte / And y t no manere persone ne persones hereafter ca [...]y or conuey ony maare or maares out of this londe except euery of the sayd maares soo caried be of the aege of iii yeres at y e leest and not ouer the price of .vi. shelynges .viii. pence payenge to the kynge for euery of theym not aboue y e value of .vi shelynges .viii. pence soo to be caryed or conueyed in the same porte. suche custumes as hath be for maares before vsed. And that for euery maare of more [...]alue hereafter by y e kynges lycence after the fourme aforesayd conueyd or ca [...]ed beyonde the see / the owner therof or his deputie assygne or seruaunte shall paye .vi. shelynges .viii. pence for the custume of the same before it be shipped vnder y e payne of forfeyture of euery maare so shypped or they bē custumed / ¶And ouer y t be it enacted y t yf ony persone at the porte wyll geue for ony of the maares soo to be caryed .vii. shelynges. y t it be lawfull to hym soo geuynge and payenge the sayd .vii. shelynges to take the sayd maare yf she be not afore taken by the kynges offycer nor the kynges lycence be not in the behalfe aforsayd for the same maare to be caryed obteyned / ¶Prouided alway y t it shall be lefull to euery persone or persones beynge Deynezyns hereafter to cary hors beyonde y e see y e kinges lycence in y t behalf not obteyned for their owne vses not in tendynge at the tyme of the shyppynge of the same nor thenne fully purposed to selle hym and that entente to be knowen by the othe of hym that shall do shyppe the same horse taken before y e custumer or sercher of y e same porte this acte notwithstōding
That straungers made deynezens shall paye custume & subsidiees as straungers Capitulo xiiii
WHere the kynge our souerayne lorde is greatly dysceued in his custumes and subsidies bi marchauntes straungers suche as the kynge our souerayne lorde hath grauntyd by his letters patentes to be deynezyns and to paye none other custumes ne subsidies for theyre marchaundyse Inwarde & outward but as a deinezinge vnder colour where of thei custume not all oōli their owne marchaundyse vnder the fourme aforesayd but also they colorably entre in to the Custumers bokes the marchaundyse of other [Page] straungers callynge & sayenge the sayd godes of other marchauntes to be the godes of theym so made denesins / to the grete losse & defraude to y e kyng our souerayne lorde / wherfore be it enacted by y e kynge our souerayne lorde the lordes spūall & temporall & the comyns of this presente parlyamente assēbled & by auctorite of the same that all marchauntes straungers & other y t be made deynezins the kyngys letters patentes or otherwise / peye from hensforth suche custumes & subsidees for theyr godes & marchaundyse Inwarde and outwarde as they sholde haue payed yf suche letters patētes & graūtes had neuer to theim be made.
Ayenst vntru demeanyng of Shyrefs & their offycers in holdyng theyr countes Capitulo xv:
WHere as grete extorcōn is yerely vsed and had within dyuers Countes within this realme of Englonde by the subtyltee & vntrue demeanoure of Shyrefs vndershyrefs Shyre clerkes or ony other offycers holdynge or kepynge the Countees in the name of a Shyref. that is to saye yf ony man afferme a playnt before the shyrefs in the coūties / y e sayd shyrefs vndershirifs or his shyre clerke or byfore ony other of the sayd offycers wyll entre or cause to be entre in to theyr bokes in the same playntyfs name dyuers and many plaintes both of dette trespace and couenaunte at theyr playsure and vnknowyng to the sayd playntif in whoos name the sayd playntes ben affermed / to thentente that yf the defendaunte appere not at euery shire daye or courte hauynge the same playnt he shall lese for his defawte made at euery playnt .iiij. d / where dyuers tymes by couyne bytwene the sayd Shyrefs vndershirefs shire clerkes and the other forsayd offycers / the sayd defendauntes beynge neuer attatched sūmone nor warned accordinge to the due fourme of the comen lawe / wherfore the same parties so put in suyte haue no knowlege of ony suche sute had agayn them and ouer that the same shyrefs vndershyrefs shire clerkes wyll cause dyuers playntes to be take in the names of suche persones that are not in playne lyf / where the sayd defendaunt shall haue lyke losse as is before reherced / So that by the vnlawfull demeanour of the sayd shirefs vndershyrefs shyre clerkes for tyme beynge & the bayllyfs of the hundredes for theyr defawte and neclygence in theyr ofices and couyne bytwene the sayd shyrefs vndershyrefs shyre clerkes and other of the forsayd offycers causeth the amercyamentes to be in one yere after the bokes be ingroced to a monute to greate and importunable sōmes of money whiche sōmes of money ben yerely leuyed of the poore comens in the sayd Counties by the shyrefs vndershyrefs & shyre clerkes and other deputies beyng of none substaunce neyther of haucour / whiche deputees takyth and leuyeth more bi extorcōn than is conteyned to theyr estrettes to the expresse pyllage and empouerysshinge of the sayd Comens / ¶Be it therfore enacted ordeyned & establysshed by the kynge our souereyne lorde & by thassent of y e lordes spirituall and tēporall & the comens in this presēt parliamēt assēbled & bi auctorite of y e same y t [Page] no shyrefs vndershyrefs shire clerkes hereafter nother ony persone in theyr names nor by theyr cōmaundemēt shall take & entre no playntes in to theyr bokes in no mannes name / on lesse the parti plaintif be in his proper persone presente in the courtes or elles by a suffycient attorney or deputie y t is knowen to be of good name & dysposicion and that the same parti plaintif shall fynde pledges to pursue his sayd playnt suche persones as. are knowen there in that counties / and that the parti playntif shall haue but one playnt for one trespace or contracte / And yf the sayd shyrefes vndershirefs shire clerkes take & entre or cause to be entre ony moo playntes than the playntif supposith y t he hath cause of accōn ayenst the defendaunt / y t thenne the sayd shyrefs vndshirefs shire clerkes y t dooth entre or cause to be entre ony suche playntes contrary to the sayd prouysion & ordinaunce / shall forfeit for euery defawte .xl. s. the one halfe therof to be had to the vse of our sayd souerayne lorde the kynge / and the other parte to hym or theym that woll sue and proue the same matere by accion of dette or Informacōn in the Eschequer / And ouer that the Iustice of peas in the same Coū ties and euery of them shall haue auctorite vpon complaynte made by the partie soo vnlawfully greuyd to examyne the sayd shirefs vndershirefs or shire clerkes and playntifs. And yf y e sayd Iustices of peas or one of theym fynde by theyr examynacion defawte in the sayd shirefs vndshirefs or other shire clerkes in entryng of the sayd playntes dysceyfully for his or their auauntage as is before reherced contrari to this present acte / y t thenne y e sayd shirefs vndshirefs & shire clerkes shall be conuicte & atteint of the same offence without ferder enquerre or examinacion and that he shall forfeit vpon the same examynacōn .xl. s. to y e vse of our souerayne lorde the kynge for euery defawte / And y e sayd Iustyces of peas that so / shall take the examynacion shall certefie the same examinacion within a quarter of a yere in to the kynges Eschequer vpon payne of .xl. s. And ferdermore that the sayd shirefs and vndshirefs and shire clerkes make or cause to be made a sufficient presept to the bayllyfs of the hundredes to attache summone or warne the defendauntes that are so in sute to appere and answere to the sayd playntes / And yf there be ony defawte in the sayd bayllyfs of y e hundredes in warnynge of the sayd defendaunce to appere and answere to the sayd playntes commended agayne theym theyr Courtes in executinge their sayd offyce / that thenne the same bayllyfs shall forfeyt for euery defawte vnto our souerayne lorde the kynge .xl. s. and to be atteynt and conuicte therof by lyke examynacion of y e Iustices of peas or euery of theym as before is reherced / And that the same shirefs vndershyrefs shyre clarkes and theyr deputies for the time beynge shall make none estrettes to leuy the sayd shyrefs lamercyamentes vntyll suche tyme that two Iustyces of peas wherof one shall be of the Quo (rum) haue had the vew and ouersyght of theyr bokes / And that the estrettes be endē ted betwyx the sayd Iustyces of peas and the sayd sheirefs and vndershyrefs and sealed wyth theyr seales / the one part to remayne wyth the sayd Iustyces and the other part wyth the sayd. Shyrefs or vndershyrefs to the entente vnderstonde yf ony dysceyte be or vntrue demeanynge in [Page] theym in makynge of theyr bokes. And that those persones shalbe gaderers of the same amercyamentes as bayllyfs or other offycers be sworne by the sayde Iustices that they take nomore money than is forfeyted & conteyned in the ostreytes sealed with the seales of the sayd Iustyces of peas vpon the same payne of forfeyture as before is reherced. thereof the same gaderers to be conuicte by examynacōn of y e Iustices of peas shal be appoȳted / & named at the general Sessyons after the feest of saynt Mychell tharchaungel by hym that is Custos Roculo (rum) of the sayd Countees or els by the eldest of the Quo (rum) in his absence to haue the ouersyght and countrollement of the sayd Shyrefs vndersherefs & shyre clerkes and other of the sayd offycers and of the sayd Shirefs amerciamē tis / and the sayd Iustices of peas vpon subgestyon or Informacon of the parti so greuyd shall make lyke proces as in an accyon of trespace agayne the sayde Shirefs vndershyrefs or shyre clerkes and other y t forsayd offycers mysdemeanyng as before is reherced for to appere before them to answere to the sayd suggestyon or informacyon.
For kepynge the watche in Caleys Capitulo xvi
WHere kyng Edwarde the thyrde vpon the wynnȳg of y e towne of Caleys establysshed & made dyuers good statutes ordynaunces and lawes w t in the same towne for the sure & saaf kepyng of y e same. & ther vpon for the same entente gaue dyuers tenementis and fayr places buylded there / to dyuers lordes & noble men of his army frely to theym and theyr heyres without ony rentes or charges yeldyng for the same. saue only the fyndynge of certayne watches limytted to euery of the sayd places for the sure kepyng of the same towne to thentent specyally that the sayd watches the sayd lordes & honorable men shulde y e better & more sure & fermly be kepte and mayntened / And soo it is now y t the owners of the premysses cōsyder not theyr sayd charges ne doo not bere y e sayd watche by theym due as is aforsayd by meane wherof the Burgeyses of the sayd towne for the suerty of the same haue ben many yeres and yet nyghtly ben fore charged to theyr greate importable losse whyche they canne nor may contyue & susteyne without the kynge our souerayn lorde prouyde for the releif of the same towne. For the remedy wherof the kyng or souerayne lord by thassent thaduyse of the lordes spyrytual and temporall and the comens of this present parlyament assembled & by auctoryte of the same ordeyneth and enactith that who that hath ony fre holde within the town of Calays out of the whyche ony yerly charge is goynge for the sure kepynge of the sayd town for watche or otherwyse / that hereafter ceasses in doynge of the sayde charge by the space of a yere and a day / that then the sayd fre hold be seysed in to the kynges hōdes he to haue it to hym and his heyres and duryng the tyme it be in the hondes of y e kynges hyghnes The Tresorer of Calays take the proufytes therof to the kȳ ges vse and bere the charges yerely goynge out of the sayd free holde towardes the sayd kepynge of the sayd towne as be fore that tyme it was accustumed [Page] to be are yf the sayde free holde wylle bere the sayde charge. ¶And in lyke wyse be charged the kynges Cōmyttes or hys patentis for the kepynge of the sayd town as afore is sayd / And for defaute of the doyng of the same by the space of a yere & a day the sayd tenementis ettsones to be seassed as is aforsayd. & so from tyme as oft as the sayde charge is not content ne payed by the sayd tyme / and duryng the tyme the sayd tenementes be in the hondes of the kyngys highnes (And yf the sayd Tresorer of Calays paye not the sayd charge within a yere and a day / that then the sayd Tresorer forfeyt the dowble value of the same to the kyngys hyghnesse yf the reneues be able to fynde the sayd watche
A yenste dystroyenge of pertryches and fesauntes wyth vnlawfull engynes Capitulo xvii
ITem for asmoche as dyuers persones hauyng lytyll substaūce to lyue vpon vse many tymes as well by nettes snares and other engynes to take & distroy fesauntes & pertryches vpon that lordshyppes maners lond [...]s tenementys of dyuers owners possessioners of the same w tout lycence consent or a grenent of the same owners or possessiones / by the whiche the same owners and possessyoners lese not only theyr pleasure & disporte y t theyr frendes and seruaū tes shuld haue about tha wkyng and huntyng and takynge of the same / but also they lese the prouffyte & auayle that by thoccacyon shold growe to theyr housholde to the grete hurt of all lordes and gentylmen and other hauynge ony grete lyuelode within this realm / Wherfore it is ordeyned & enacted by the auctoryte of this present parlyament that it shall not be lefull to ony persone of what cō dycion he be to take or cause to be taken ony fesauntes or partryches by nettes snares or other engynes out of his owne waren vpon the fre hold of ony other persone without thassent aggrement and specyall lycence of the owner or possessyoner of the same vpon payn of forfeyture of .x.li. the one half therof to be to the party that wyll sue for the same by accyon of dette or by byll or otherwyse And the other therof to the owner or possessyoner of the sayd grounde vpon y t which the sayd fesauntes and pertryches be so taken / ¶Also it is ordeyned by the sayd auctoryte / that no manere of persone of what condicyon or degre he be take or cause to be taken be it vpon his owne ground or ony other mannis. the egges of ony fawcon goshaukes laners or swannes out of the neste vpon payne of imprysonement of a yere and a day and fyne at kyngys wyll / the one half therof to the kynge and the other halfe to the owner of the ground where the egges were so taken and that Iustyces of the peas haue auctoryte by this present acte / to here & determyne suche matere as well by inquysicōn as Informacōn & proues / ¶Also it is ordeyned by y e sayd autoryte-y t no man fro the fest of Pasnext comȳg. bere ony hawke of y e brede of Eng [...]ond called an Nyesse goshawke Tassel Laner Laneret or Fawcon vppon payn of forfeyture of his hawke to y e kyng and the sayd hawke to be at the kynges playsure. And y t all suche persones [Page] that brynge ony Nyesse hawke or hawkes from ony of the partyes beyond the see brynge a Certyfycat vnder the Custumers seale of the Porte where he fyrste londed with the sayd hawke or hawkes. Or yf he come out of Scotlond. then vnder the seale of the wardeyn or lyeutenaunt of that Marche that he comyth thorough testefyenge that the same hawke or hawkes be of the partyes beyond she see or of Scotlonde vpon the same payne. And that persone that bryngeth ony suche hawke or hawkes to the kynge / shall haue a resonable rewarde of the kynge or els the same hawke or hawkes for theyr laboure / ¶Also it is ordeyned by the same auctoryte that noo man take ony ayrer fawcon goshawke ta [...]sell or laner or lanerettes in theyr waron or wodes or in other place / nor purposely dryue theym out of theyr couertes accustumed to brede in to cause them to go to other couertes to brede. nor sle them for ony hurte by theym done / but suffre thē to passe at theyr lybertees vpon payn of .x.li. the one halfe therof to the party y t wyll sue for the same by accyon of dette examynacyon before Iustyces of the peas informacōn or otherwyse / and the other halfe to the kynge / ¶Prouyded al way that the moyte of the forfeyte aboue sayd geuen to the owner of the grounde for takynge of swannes egges / be vnto the owner of the sayd swannes and not to the owner of the grounde.
Not beynge wyth the Kynge in tyme of nede et cetera shall lete fees and annuytees to hym graunted Caplo xviij
WHere euery subgette by the dutye of his allygeaunce is bounden to serue and assyst his prynce and souerayn lord at al seasons whan nede shal requyre. And moost specyally suche persones as haue by hym promocyon or auauncement as grauntes and gyftes of offyces fees and annuitees. whiche owe and verely be bounden of reason to gyue theyr attendaunce vpon hys royall persone to defend the same whan he shall fortune to goo in hys persone in warres for the defence of the realme or agaynst his rebellys and enmyes for the subduyng and repressyng of theym and theyr malycyous purpoos / Wherfore it be enacted and establysshed by the kyng our souerayn lord by the aduyse of hys lordes sperytuall and temporall and the Comyns in thys presente parlyamente assembledde and by auctoryte of the same / ¶That yf ony persone or persones beyng within this realme of Englond or Wales hauynge suche offyces fees or annuytees by ony of his reherced gyftes and grauntes / do not geue theyr attendaunce vpon hym whan he shall fortune to go in warres in his persone. in theyr sayd ꝑsones as theyr duty byndeth them / that then they and euery of theym makynge therof defawte / the kynges specyall lycence not had or elles he haue suche vfayned syknesse lettyng or dysease that he may not in his persone come to doo his personall attendaunce and seruyce after the fourme aforsayd / & that duely proued That thenne euery suche persone or persones forfeyt and lose [Page] theyr sayd offyces fees and annuytees and stonde voyde at y e kynges pleasure / ony acte ordinaunce or statute to the contrary afore this tyme had or made / in ony wyse notwithstondynge. Prouyded that this acte extende not to no spyrytuell persone Mayster of y e Rolles ne to none other offycer and clerkes of the Chaū cery. Iustyces of ether benches Barons of the kinges Eschequer & other offycers and clerkes of the sayd places. the kynges Attourneyes & Solicitour and the Sergauntes of the lawe / Prouyded alway that this acte shall not extende to ony persone hauyng ony suche offyces of the kynges hyghnes and beynge in his seruyce within his townes & fortalyces of Berwyk & Carlyle ne to the Clerke of the kynges Counsell for the tyme beynge /
Ayenst unlawfull makynge of Federbeddes pyllowes & Matrasses Capitulo xix
TO the ryght worshypfull comens in this present parlyament assembled Sheweth vnto your discrete wysdomes y e Wardeyns of the felyshyp of the crafte of Vpholders within the Cyte of London / that where as dyuers persones within the realme of Englonde out of the sayd Cyte maketh and doth to be made vnlawfull and fals wares and marchaundyses to the grete rebuke and disclaunder of the sayd crafte and also grete Ieoperdy losse and disceyte to the kynges subgettes. Wherfore there is noo suffycyent remedy purueyed for so moche as the same Wardeyns haue no power nor aucturyte to make due serche of suche fals dysceyuable wares and marchaundises put to sale out of the sayd Cyte / as they haue power and auctoryte within the same Cyte / as in fedbeddes bolsters and pyllowes made of two maner of corrupte stuffes / That is to say of scalded feders and dry pulled feders togyder and of lockes and feder togyder whyche is contagyous for mannes body to lye on / And allo in quyltes materas and cusshons stuffed with hors here. fenne downe neetes here deres here and gotes here whiche is wrought in lyme fattes / and by the hete of mannes body the sauour and tast is so abhominable and contagyous that many of the kynges subgettes therby ben dystroyed / Whiche dysceyfull makyng of the for sayd cyrrupt and vnlawfull stuffe is to the grete losse and empouerysshynge of the kynges lyege people and also grete rebuke and dysclaunder to the sayd crafte of Vpholders / Therfore it may pleas the kynges hyghnes by thaduyse of of the lordis spyrytuall and temporall and his comens in this present parlyament assembled and by auctoryte of the same / to establyssh ordeyne and enacte that from hensforth noo persone ne persones shall make ordeyne vtter ne put to sale / in feyrs nor in markettes w thin this his sayd ream ny federbedes bolsters or pyllowes excepte they ben stuffed with one maner of stuffe / that is to say w t dry pulled fethers or els w t clene down alon̄. And w t no scalded fethers nor fen̄ downe nor none other vnlawful & corrupte stuffes as is afore reherced / but vttly to be dāpned for euer / Except yf ony person̄ or person̄s for theyr own ꝓper vse [Page] in theyr houses make or doo be made ony of the forsayd corrupte and vnlawfull stuffe and wares / So they ben not offred to be solde in fayres and markettes vpon payn of forfeyture / And also in lyke wyse quiltes matrasses and cussons be stuffed with one manere of stuffe / y t is to say with clene wulle or clene flockes alone / and with none suche vnlawfull afore reherced vpon payn of losse and for feyture of all suche vnlawfull wares and marchandyses /
Ayenst wymen couert makynge alienacōn of londes mouyd bi the fyrst baron Capitulo: xx
FOr certayn resonable consideracōns. be it ordeyned enacted and establisshed by the kynge our souerayne lorde and by thassent of the lordes spirituall and temporall and the comens in this present parlyament assembled and by auctorite of the same / that yf ony woman whiche hath had or hereafter shall haue ony astate in dower or for terme of lyfe or in taylle Ioyntly with her husbō de or only to herself or to her vse / ony maneres londes tenementes or other hereditamentes of thenherytaunce or purchace of her husbonde or geuen to the sayd husbonde and wif in tayll or for terme of lyf by ony of the auncestres of y e sayd husbonde or by ony other persone seased to thuse of the sayd husbonde or of his auncestres and haue or shall hereafter beinge sole or with ony other after taken husbonde / dyscontinued or dyscontinue alyened releassed or confermed aliene releas or conferme with warantie or by couyne suffred or suffre ony recouer of the same agayn theym or ony of theym or ony other seased to their vse or to y e vse of eyther of them after the fourme aforsayd / That all suche recouerees discontynaunce alienacōns releasses confermacōns and warantees so had and made / and from henforth to be had and made / be vtterly voyd and of none effecte / And that it shall be lefull to euery persone & persones to whom the interest title or inherytaunce after y e deceasse of the sayd wymen of the sayd maners londes & tenementes or other hereditamentes being discontinued alyened or suffred to be recouered after the fyrst daye of Decembre nexte comynge in y e fourme aforsayd shold apperteyne to entre in to all & euery of the premysses / and peasible to possede & enioye the same in suche manere & fourme as he or they shold haue done / yf none suche discontinaūce warantie nor recouer had be had nor made / and ouer this be it ordeyned & enacted by the saide auctorite / y t if ony of the sayd husbondes & wȳmen or ony other seased or y t shall be seised to the vse of theim of the estate afore specified after the sayd fyrst day of Decembre do make or cause to be made or suffre oni suche discontynuaunce alienacōns warantes or recouers in fourme aforsaid y t thenne it shall be lefull to y e persone or persones to whom y e sayd maners londes ten̄tes shold or ought to belonge after the deceas of the sayd woman / to entre in to the same and them to possede and enioye accordȳnge to suche tytle & ēterest as they shold haue had ī y e same if y e same womā had be deed noo discōtinuaūce warātie nor recouerees had as ayēst y e said husbōde duryng [Page] his lyf / yf the sayd discontinuaunce alienacōn waranties and recouerees be hereafter had by or ayenst the same husbondes & wymen durynge the couerture & e [...]posell betwyx them / Prouided alway y t the sayd wymen after the deceas of theyr sayd husbonde may reentre in to the maners londes & ten̄tes & them to enioye accordynge to theyr first estate in the same / ¶And ouer this it be ordened & enacted by the sayd auctorite y t yf the sayd woman at the time of suche discontynuaunce alyenacōns recouerees waranties after the sayd day of Decembre in fourme aforesayd to be had & made of ony of the premysses be solde that thenne she shall be berred & excluded of her tytle & interes in the same from hensforth / And that the persone & persones to whom the tytle interst & possessyon of the same sholde belonge after the deceas of the sayd woman shall ymmediatly after the sayd dyscontynuaunce alyenacōns waranties and recouerees. entre in to the same maners londes ten̄tes & other hereditamens and them to possede & enioye accordynge to his or ther tytle in the same / Prouyded also that this acte extende not to auoyde ony recouere dyscontinuaunce or warantie after the fourme aforsayd afore this time had made or suffred but on̄ly where the sayd husbōd and woman or eyther of them now beynge alyue or ony other to theyr vse now haue entres & tytle to the sayd maneres londes ten̄tes or other hereditamentes alyened dyscontinued or suffred to be recouered after the fourme aforsayd and therof now takynge thissues & proffites or ony other persone or persones to theyr vse▪ Prouyded also y t this acte extende not to ony suche recouere or discontinuaunce to be had with the heyres nexte in heritable to the sayd woman or he or they y e nexte after the dethe of the same woman shold haue of astate of inheritaūce in y e same maners londes or ten̄tes be assentynge or agreable to the sayde recouerees where the same assent & aggrement be of recorde or in rolled / Prouided also that it shall be lefull to euery suche woman beyng sole or maried after the deth of her fyrst husbonde / to geue sell or make dyscontinuance of ony suche londes terme of her lyf oonly after the course and vse of the comen lawe before the makyng of thys presente acte /
For enquestes hereafter to be charged wythyn London Capitulo: xxi
WHere as periury is moche and custumably vsed within y e cyte of Londō amonge suche persones as passen & ben impanelled vpon issues Ioined betwene partye & parti ī y e courtes of y e same cyte to y e grete dysplesure of almyghty god and also to the dysherytaunce & many folde wronges of the kinges subgettes for asmoche as there is impanelled in the same enquestes persones of lytill substaunce discrecōn & reputacōn / & also none atteynt ne other sufficient punysshment is for suche periured persones before this tyme purueyed and ordeyned within the same cyte Therfore it may pleas the kynges highnes by thaduyse & assēt of y e lordes spiritual & tēporall & and y t comēs in this present [Page] parlyament assembled and by auctorite of the same to establysshe ordeyne and enacte / that no persone ne persones hereafter be impanelled sūmonde or sworne in ony Iuri or enquestes in courtes within the same cyte / excepte he be of londes ten̄tes or goodes & catalles to the value of .xl. marc̄ / And y t noo persone nor persones hereafter be impanelled sōmoned nor sworne in Iury or enquest in ony court within the sayd cyte for londes or ten̄tes or accōn personell wherin the dette or damages amountyth to the sōme of .xl. marc̄ or aboue. excepte he be in londes ten̄tes godes or catalles to the value of .C. marc̄ and the same matere and cause alledged by ony of the sayd parties by way of chalenge & so founden / shal be admitted and taken in euery of the same courtes as principall chalenge / And y t euery suche persone hereafter to be impanelled or sōmoned to appere in ony Iury or enqueste before ony of the sayd Iuges of y e same cyte makynge defawte at fyrst sōmons lese & forfeyte in yssues .xii. d. and at seconde defawte .ij. s. and soo at euery suche defawte after y t / the yssues & penalties to be dowbled / and all suche yssues lefte in the mayres courte / shall be forfeyted leuyed & perceyued to thuse & behofe of the mayre & coīaltie of the sayd cyte / And all suche yssues loste in the shyrefs courte or courtes / shall be forfeyted leuyed and perceyued to thuse of the shyrefs of the same cyte for y e tyme beynge towardis their feeferm̄. And also be it enacted by lyke auctorite that the partie greued by ony vntrue or fals verdite hereafter to be geuen in ony of the courtes of the sayd cyte shall and maye haue and sue atteynt by byll in the hustynges of london holden for comen plees before the mayr and aldermen of the same cyte for the tyme beynge & therupō a presepte to be awarded and made by the same mayr to euery alderman of the sayd cyte or his deputie in his absence to present and certiefie the names of .iiij. indefferent and dyscrete persones of gode fame and euery of theym of substaunce of .C li. or more cyteizyns of the same cyte dwellynge in his warde to the mayr and aldermen of the sayd cyte for the tyme beyng at the Hustynges of coen̄ plees wythin the same cyte than nexte ensuenge to be holde / of whiche persones soo presented and certyfyed the sayd Mayr and vi aldermen or moo holdyng the same courte of Hustynges / shall take name and impanell .xlviij. bi their discrecōn thought moost able sufficient and indeferent / And the mayr and his successours mayres of the sayd cyte shall do to be sūmoned the sayd .xlviij. persones soo by the sayd mayr and aldermen named and impanelled and also the Iuryours of the petie Iury and the partie or parties named as tenauntes or defendauntes in the said byll of atteynt to appere before the mayr and aldermen of the same cyte at the Hustynges of comen plees than next to be holde in the same cyte / And yf the same atteynt thenne or ony other tyme happe to remayne vntaken for or by defawte of Iuriours by chalenge or otherwise / that vppon euery tales graunted the sayd Mayr and aldermen shall impanell the sayd persones whiche were certified by the sayd aldermen or theyr deputyes and omytted out of the sayd panell or putte theryn other persone or persones beynge cytezyns of the sayd cyte and of the substaunce of .C.li. or more. And also that all the plee and plees to be alledged or pleded bi or for the tenaunt or defendaunt tenaūts or [Page] defendauntes or by ony of the Iuriours of the pety Iury in the same atteynte & triable by oni Iuri or enquest / shall be tried within the same cyte and by thenquestes of the same & in none other place ne countie / And y t none of the sayd peti Iury ne other partyes named in ony suche byll of atteynte / shall or maye haue ony chalenge to tharraye or to ony persone or poll therin beynge impanelled for lacke of sufficiens of godes or of londes / Ouer y t be it prouyded & enacted y t the iugemente in ony suche atteynt shall not extende to ony londes or ten̄tes ne to other punysshment of the pety Iury ne other proces to be in the same atteynt than is lymytted & appoynted in this present acte / And yf the .xxiiii. persones of the sayd .xlviii. persones sworn̄ in the same atteint fynde y t the Iuriours named in the pety Iury haue made & yeuen an vntrue verdyte / that thenne the Iugement shall ayenste the partie defendaunte in y e same atteynte as is vsed in atteynte sued by writte at comen lawe And ferthermore y e Iugement in the same atteynt shallbe agayn the pety Iury y t euery of the Iurours of y e sam pety Iuri shall forfeyt & lese: xx.li. or more by the dyscrecion of the mayre & aldmen of y e sayd cyte kepynge the same Hustynges or ony other Hustynges of comen plees to suche vse & behof as other yssues & penalties ben forfeyted & loste in ony accion or playnte cōmenced before y e mayre & aldermen of the same cyte & his body to be ympresoned there to remayn wythout bayll or maynprise .vi. monthes or lesse by the dyscrecōn of the mayre & aldermen of the same cite for the tyme beynge and to be dysabled for euer to be sworne in ony Iury before ony temporall Iuge / ¶And ouer y t it be enacted by the same auctorite / that yf it be founden by the graunde Iury in the same atteynt that petit Iuri haue gyuen a true verdite that thenne the graunde Iuri shall haue auctorite and power to enquyre yf ony of the pety Iury toke or perceyued ony somme of money or other rewarde or promyse of money or other rewarde of them named defendauntes or tenauntes in the same atteynt / or yf ony other persone or persones by the cōmaundement couine or assent of ony of theym to or for thentent of their verdite geuyng wherupon the same atteynt is grounded / And after ony suche corrupcōn by the sayd graunde Iuri is founden that thenne the Iurour or Iurours of the sayd pety Iury that ys founde so defectyf in takyng and perceyuynge ony sommes of money or other rewarde or promyse of rewarde / shall lose forfeyt and pay to the playntyf or plantifs named in the sayd atteynt .x. tymes the value of that somme / other rewarde so taken perceyued or promysed in fourme abouesayd & to suffre ympresonement wyth out baill or maynpryse .vi. monthes or lesse bi the discrecyon of the sayd Mayre & aldermen. and to be disabled for euer to be sworne in ony Iuri before ony temporall Iuge. ¶And ouer y t be it enacted y t suche defendaunte or tenaunte defendaundes or tenauntes in the same atteynt shall lose forfeyte and pay to suche vse and behof as other penalties ben forfeyted within the same cyte .x. times the value of that somme of monei or other rewarde bi hȳ or theym so yeuen to ony of the sayd pety Iuri / And the same defendaunte or tenaunt defendauntes or tenauntes to be ympresoned there to remayne without bayll or maynprise durynge .vi. monthes or lesse by the dyscrecyon of the sayd [Page] mayr & aldmē / And yf ony dettes damages or costes be recouered in ony accōn whervpon suche atteȳt is groūded & bu y e sam̄ atteȳt y t foūde y t y e pety Iury haue geuē a fals seremēt / y t thē for y e recouer & restytutiō of y e same dette damages & costes / the playntyf or playntyfs in euery atteynt shall & may sue an accyon of dette ayenst the same defendaunt or tenaunt by wrytte byll or playnte in euery of the kynges courtes wherin the same defendaunt or tenaunt & euery of theim shall not be receyued to do his law / And ouer that be it enacted that yf ony plaȳ tyf or playntyfs in ony suche atteynt cōmenced before the sayd mayr and aldermen vpon ony recorde remaynyng within the same cyte and therin be none suyyte / or yf the fyrst serement therin be affermed / that thenne he or they shall haue ymprysonement and make fyne by the dyscrecyon of the mayr & aldermen of the sayd cyte for the tyme beynge / And that fyne to be and goo to the Mayre & comynaltye of the sayd cyte / & yf there be two or mo playntyfs in ony suche atteynt ordeyned by this estatute / & ony of theym dey or be nonsuyte / the other by this acte shall be enhabled to sue for the procedynge in the same atteynt / and notw tstondȳge the dethe of y e defendaunt or tenaunt defendauntes or tenaūtes or ony of the pety Iury named in the same atteynt so that there be two of the same pety Iury on lyue / the same atteynt shal not abate / And also be it ordeyned by the same autoryte / that yf ony of the Iuryours of the sayd graund Iury impanelled & sūmoned in fourme aforsayd at the sūmons make defaut so that the ateynt remayneth to be taken for defaut of Iurours / that thenne euery of the same Iurous so makyng defawte / lose & forfeyte for the fyrst defawte .xl. s. and at the second defawte .v.li / And at euery defawte after that .x.l / And lyke proces to be made & sued therayenst the graund Iury and the pety Iury / And the party and partyes / as is to be made and sued in atteynt sued at the comen lawe / And that the same proces to be retornable at euery Hustynges of comen plees and that the atteynte remayne not to be taken after the fyrst sūmons retorned for or by the defawte of the defendante or tenaunt defendaunt or tenaūtes / or of ony of the pety Iury named in the same atteynt by this acte ordeyned. And that the sayd yssues or penalties forfeited by ony of the sayd graunde Iuri / be forfeyt leuyed and perceyued to thuse of the wayr and coīaltie of the sayd cyte And that no proteccōn nor essoyne be alowed in this atteynt by this acte purueyed / Prouyded alway that vpon all atteyntes hereafter to be cōmenced wythyn the sayd cyte vpon only recorde wherin the tryall and enquest was by halfe tōge That the sayd mayr and aldermen shall impanell y e graundez Iuri in the same atteynt / the tone half of straungers of good fame / and of the substaunce of goodes to the value of .C.li. and more inhabytynge wythyn the same cyte at large And the residue of the same graunde Iury to be of lyke value and substaunce of goodes impanelled of citeyzins as is aforsayd / And ouer this be it enacted bi the sayd auctoryte that no acte of atteynt of the pety Iury made in this present parliament nor no thinge therin ronteyned other than thys present acte nor none other penaltye or punysshment in oni other acte than is afore conteyned in this present acte / be hurtfull nor extende to ony [Page] Iury or enquest herafter to be taken before ony Iuge of & within y e same Cyte
For wagys of hynes in husbondrye and artyfycers and laborers Capitulo xxii
WHere dyuers estatutes before this tyme haue ben made and ordeyned for seruauntes of husbondrye & also for laborers and artyfycers by diuers and many ryall and noble ꝓgenytours vnto oure souerayn lord y e kynge now beyng / & in especyall a statute made by the ryght noble crysten prȳ ce of blyssed memory kynge Henry y e .vi. vncle vnto our sayd souerayn lord y e .xxiii. yere of his of his reyne / which notw tstondyng grete & many defawtes dayly encrease rest and contynue amonge laborers & artyfycers / some by cause the sayd estatutes be not executed & some by cause the remedy by y e sayd estatutes is not very perfyte nor yeuith certayn ne hasty remedy so y t dayly by theyr subtyll ymagynacyon in defraude of the sayd estatutes many of the kyng our souerayn lordꝭ subgettys ben hurt disceyued lette and damaged in theyr buyldyng & husbondry ¶Be it therfore establysshed enacted & ardeyned by auctoryte of this p̄ sent parlyament / Fyrst that no baylyf of husbondry shall take for his wages by y e yere aboue .xxvi. s. viiij d. & for his clothing .v. s. with mete and drynke. No cheyf hyue as a carter or cheyf shepherd aboue .xx. s. by the yere / & for his clothing .vi. w t mete and drynke. No comen seruaunt of husbōdry aboue .xvi. s. viij. d by y e yere. and for his clothyng .iiij. s. w t mete and drynke / No woman seruaunt aboue .x. s. by the yere / & for her clothing .iiij. s. with mete & drynke / No chylde w t in thage of .xiiij. yeres aboue .vi. s. viii. d. by the yere. & for his clothyng .iiij. s. with mete & drynke / And that no artyfycer ne laborer herafter named take nomore ne gretter wagis than in this estatute is lymytted vpon the payn assessed aswell vnto the taker as to the yeuer / that is to say A fremason mayster carpynter rough mason brykleyer mayster tyler plūmer glasyer keruer nor Ioyner fro Ester vnto Mychelmas euery of thyse artifycers aforsayd .vi. d. by the daye withoute mete or drynke / & w t mete and drynke .iiij. d. And fro Mychelmas vnto Ester .v d. without mete or drȳk / & w t mete & drȳke .iij. d / & y t y e wages of a shypwright fro y e fest of Candelmas to y e fest of saynt mychel charchāgel shall not excede y e forme ensuyng. That is to say a mastership carpȳter takȳg y e charge of y e werke hauȳg men vnd hȳ by y e day .v. d. w t mete & drȳke & w tout mete & drynke .vij. d And other shypcarpenter called an hewer / by the day .iiij. d. with mete and drynke / without mete and drynke .vi. d. An able clyncher by the day .iij. d / with mete and drynke / & without mete & drynke .v. d / An holder by the day .ij. d with mete and drynke / and without mete and drynke .iiij. d / A mayster calker by the day iiij. d with mete & drynke / and without mete and drynke .vi. d / Another meane calker by y e day .iij. d with mete & drynke & without mete & drynk .v. d / A calker laboryng by y e tyde for aslong tyme as he may aboue y e water & bineth y e water. shal not excede for his wages for euery tyde .iiij. d w t mete & drȳk. And frō y e fest [Page] of mychelmes to Cādelmas the wages of a mayster shypwryght by y e day .iiij d with mete and drynke / and without mete and drynke .vj. d. An hewer by y e day iij. d. with mete and drynke / & without mete and drynke .v. d. An able clyncher by the day .ij. d. ob̄ w t mete and drynke. & without mete & drynk .iiij. d. ob̄. An holder by the day .j. d. ob̄ with mete and drynke. and without mete and drynke .iij. d A mayster calker by the day .iij. d. with mete and drynke. and without mete and drynke .v. d. An other meane calker by the day .ij. d. ob̄ with mete and drynke. & without mete and drynke .iiij. d. ob̄. ¶Be it also enacted that in suche shyres & countrees that where it hath be and is now vsed to geue lasse wages that in those shyres and countrees they shall so geue ¶And the taker of wages be compelled accordīg as they haue lesse vsed to take this acte notw tstondȳg / And y t y u mayster mason and mayster carpynter whyche shall take the charge of the werke hauyng vnder ony of theym .vi. men / shall haue .vij. d. without mete & drynke. & v. d. by the day with mete and drynke / And y t euery persone and artifycer specyfied in this estatute beyng not reteyned in ony seruyce for ony werke be compelled to serue euery other persone for suche wages as in this estatute before is lymytted / And not artyfycer reteyned in seruyce to werke with the kynges highnes or ony persone departe not from his sayd highnes or from the sayd other persone tyll suche tyme as the werke be fynysshed yf the persone so reteynynge thartyfycer so long wyll haue & pay his wages vpon payne of imprysonement of ony persone so departyng by the space of a month & to make fyne of .xx. s. alwayes prouyded & forseen y t yf the same artyfycer be desyred vnto the kynges seruyce & werke that then he may lawfuly depart. So y t entre & be in the kynges seruyse and werke. And it is fether ordeyned be the sayd auctoryte / that other laborer & artyfycer not afore named. shall take from Ester tyll Mychelmas for euery day y t he so laboreth excepte the season of heruest .iiij. d. without mete or drinke / and .ij. d. with mete and drynke / And from Mychelmas to Ester .iij. d. wyth without mete or drynke and .i. d. ob̄ with mete and drynke. And in the sayd time of haruest euery mower shall take by the day .iiij. d. with mete and drynke / and without mete and drynke .vi. d. A repar & carter euery of theym ·iij. d. by y e daye with mete and drynke and without mete and drynke .v. d. A woman laborar & other laborers euery of theym .ij. d. ob̄ by the day with mete and drynke and w t out mete or drynke .iiij. d. ob̄ / And that no artifycer nor laborer werkynge but the halfe daye / take no wages but for the half day & nothyng for the hole day / And yf ony bailly of husbondry hyne carter shepeherde comyn seruaunt or chylde seruaunt aboue specyfyed not reteyned in ony seruyce or werke refuse to serue accordynge to thordynaunce aboue specyfyed / Thenne the same persone to be commytted to warde by the Conestable or ther hede offycer wythin the cyte Towne or Vyllage where the partye soo refusynge is / at complaynt of hym that wyll reteyne suche seruaunte there to remayne tyll he haue founde suerty to serue accordynge to the sayd ordynaunce / ¶Ferthermore yf ony artifycer or laborer beyng not reteyned in ony seruyse or werke refuse to serue after the rate [Page] of this estatute or take gretter or more wages than therin is lymytted for the same artyfycers & laborers / or yf ony artyfycer or loborer take wages for the hole day where he werketh but the halfe day / that thenne euery artyfycer and laborer offendynge in ony of y e sorsayd artycles / forfeyte for euery defawte as oft as they offende .xx. s. and they to be conuycted for euery suche defaute by presentment afore y e Iustyces of peas in the sessyons accordynge to the comyn lawe or by examynacōn of the same Iustyces in the same sessyons / or by examynacōn of ij. Iustyces of the peas out of the sessyons in ony place within the shyre where they ben Iustyces / and where suche defawte shal be made / and that the sayd for feyture of .xx. s. be leuyed of theyr londes goodes and catayles so offendynge. And ferthermore where dyuers artyfycers & laborers reteyned to werke and serue waste moche parte of the day and deserue not theyr wages / somtyme in late comyng vnto theyr werke / erly departyng therfro long syttyng at theyr brekefast at theyr dyner & nonmete / and long tyme of slepyng at after none to the losse and hurte of suche persones as the sayd artyficers and laborers ben reteyned within seruyce / It is therfore establysshed enacted and ordeyned by auctoryte aforsayde euery artifycer and laborer be at hys werke bytwene the myddes of the moneth of Marche and the myddes of the moneth of September byfore fyue of the clocke in the mornynge / And that he haue but halfe an houre for his brekfast and an houre and an halfe for his dyner at suche tyme as he hath season for slepyng to hym appoynted by this sayd estatute / And at suche tyme as is here appoynted / that he shall not slepe / thenne he to haue but one houre for his dyner and halfe an houre for his noonmete / And that he depart not from his werke bytwene the myddes of the sayd monethes of Marche & September tyll bytwene .vij. & .viij. of the clocke in the euenynge / And yf they or ony of thē offende in ony of thyse artycles / that thenne theyr defawtes be marked by hym or his deputie that shall pay theyr wages / and at wekes end theyr wages be abated for suche rate of tyme as they haue offended contrarye to this estatute / And that fro myddes of September to the myddes of Marche / euery artyfyand laborer be at theyr werke in the spryngynge of the day and departe not til nyght of the same day / And that the sayd artifycers and laborers slepe not by daye / but only from the myddes of the moneth of May / vnto the myddyl of the moneth of August / ¶And also it is enacted by the sayd auctoryte that no persone from hensforth yeue no more wages to ony bayly of husbondrye hyne shepeherde or other afore named nor to ony artyfycer or loborar in this estatute spefycyed than in the same estatute is lymytted & assigned vpon peyne of forfeyture for euery suche defaute xl. s. And that the party so offendynge / be conuicte therof afore the Iustyces of peas aswell by presentment in the sessions as by examynacyon of .ij. Iustyces of peas out of the sessyons in lyke wyse as is before reherced of laborers & artyficers / Also it is establysshed & enacted that by y e sayd auctoryte / that yf ony artyfycer or laborer reteyned in seruyse wyth ony persone for byldyng or reparcayon make or cause to be made ony assemble to assaut harme or hurte ony persone assygned to comptroll and ouer see theym in theyr [Page] werkyng / that he or they so offendyng haue ymprysonement for a yere without lettyng to bayl or mayn pryse / and fetther to make fyne at kyngys wyll / This acte to begyn and take effecte at saynt Gregoryes day next comyng and in the meane tyme the same to be proclamed in euery good Cyte burgh and Town of this realme.
For Gawgyng and packyng of salmon Elys and heryng Capitulo xxiij
WHere at a parlyament holden at westmynster in the .xxij. yere of the reyne of kyng Edward y e .iiij. among other thynges / it was enacted ordeyned and establyssed that no marchaunt stranger nor deynezyn after the ieest of saynt Mychell tharchaungell than next comyng / shold sell nor put to sale ony salmon by but barel half barel or on other vessel / afore it shuld be see but yf the same but shold hold & conteyn .lxxxiiij. galons / the barell .xlij. galons. the half barell .xxi. galons well and truly packed vpon payn of forfeyture for euery but barell & half barell so lackyng theyr sayd mesure .vi. s. viij. d / Also that no suche marchaūt beyng vnder y e sayd kynges obeysaunce after y e fest of saynt Mychell shuld sell nor put to sale / ony maner salmon by but barel or other vessel but yf it shold be well & truly packed / y t is to say y e gret salmon by it selfe w tout medlyng of ony grylles or broken belyed salmon w t y e same / & that al smal fyssh called grislꝭ shuld be packed by themself on̄ly w tout ony medlyng vpon payn of for feyture & lesyng of ·vi. s. viij. d. for euery but barell or demy barell contrary to y e sayd acte medled packed & put to sale / And that no suche matchaunt nor other persone shuld put ony heryng to sale / by barell demy barell or fyrkyn / but yf y e same barell conteyne .xxxij. galons the half barell & fyrkyn after the same rate / And that y e same herynges shold be well truly & iustly layed annd packed / and shold be of one tyme takyng and saltyng / And that the same heryng shuld be as good & aswell packed in the myddes and euery part of the same barel & other vessell as it shuld be at ony of the endes of the same barell and vessell vpon payne for forfeytyng and losyng of .iij. s .iiij. d for euery barell half barel and fyrkyn so lackyng theyr sayd mesure. and also vpon payn of forfeytur, & losyng of .iij. s .viij d. for euery barell half barell and fyrkyn of heryng contrary to the sayd act sorted layed or packed / Also that no suche marchaunt nor palyng man shold sel or or put to sale ony etysby barell half barel or fyrkyn. but yf the barel shold conteyne .xlij. galons the half barell and fyrkyn after the same rate. Nor that ony such marchaunt nor palyng man shold medle ony gall bytten [...]oruen or pylyd [...]es w t good elys / but that the same good elys shold be well & iustly packed and solde by themself / nor shold medle with the sayd good elys nor put to sale ony red elys by on payne of forfryture and lessynge of vi shelynges for euery barell half barell and fyrkyn so lackyng theyr sayd mesure. and vpon payn of lesyng [...] euery barell halfe barell and fyrkynne soo as is aforesayd medeled and contra [...] [Page] to the sayd acte packed or putte to sale / ¶Also that noo marchaunt after y e sayd feste sholde sell / nor put to sae ony barelled fysshe. but yf the same fysshe shold well and truely packed. that is to say the tale fysshe by themself and the smale fysshe called gulles by themself wythout ony medlyng of the sayd smale fysshe with the grete fysshe and wythout medlynge and packynge of Thokis or brokē belyed fysshe with the sayd tale fysshe or smale fysshe. And that neyther the tale fysshe nor smale fysshe shold be layed dowble in packynge / And that euery tale fysshe sholde conteyne in length from the bone of the fynne to the thyrde Ioint of the tale .xxvi ynches at the leest / And y t the napes of all suche barelled fysshe sholde be no lenger than the lytyll bone that syttyth vpon the grete fynne / And that the bone of euery suche salt fysshe sholde be take away vnto the nauill of the same fysshe / And that euery suche fysshe sholde be platted downe to an handfull of the tayll vpon payne of forfeyture of lesynge of .iij. s .iiij. d. for euery barell of fysshe whiche from henforth sholde be founde packed sorted & medled naped layed dowble or not boned nor splatted accordynge to the sayd acte. And also in eschewyng of the comen hurtes and disceytes aboue reherced / the sayd late kīge ordeyned and enacted by the sayd auctoryte that all Mayres Bayllyfs and gouernours of cytees townes burghs mark [...]ttis and all other places of this realme for the tyme bryng where they shold be Mayres Bayllyfs and gouernours shold haue power and auctorite to name and chose a discrete & experte persone or persones dewly to serche and gawge all suche vesselles as ben aboue reherced y t they hold be truely packed and kepe theyr true mesure & assyse accordynge to th [...] ordynaunce aboue sayd as in the forsayd acte therof made more playnly appereth and for asmoche as in the sayd acte is noo certent appoynted how moche euery suche gawger packer and sercher shold take for his labour in executynge of theyr sayd offyce / they ben theyr owne Iuges and at theyr plesures take for the same gawgynge packyng & serchynge by way of extorcion suche grete sōmes of money as theym lyketh / wherby y e kynges true subgettes are gretly ēpouerisshed & wronged / That it myght therfor pleas the kynges hyghnes bi thaduyse of the lordes spirituall and temporall and the comyns in this present parlyamēt assembled and bi auctorite of the same to conferme ratifie and establyssh the sayd acte & euery thynge therin comprised / And ouer that by the same auctoryte to ordeyne and establyssh that euery suche gawger packer and sercher take nomore for gawgyng of a barell samon barell heryng barell fysshe barell elys half barell and fyrkyn for euery pece so gawged but a ferthyng / and for his labour for se [...]chyng and packyng yf it be nede of a barell samon from heed to heed .i. d. and for his labour for bonyng napyng and packyng of a barell fysshe yf it be nede. i. d and for his labour in serchyng and packing of a barell heeryng from heed to heed yf it be nedefull .ij. d. and for serchynge and packyng of euery barell of elis .ij. d. And for serchyng and packyng of euery half barell of heeryng from heed to heed .i. d / and for euery half barell elys serchyng and packyng i d / And for serchyng and packyng of euery fyrkyn of heeryng yf it be nedefull ob̄ / and ouer y e that all and euery suche gawger sercher and packer that mysbehauen or offende [Page] in ony thynge concernynge the sayd offyces of gawger sercher & packer contrary to this acte and so proued before ony of the sayd mayres bayllyfes or gouernours of ony cyte towne burgh market or ony other place w tin this realme where he or they so be gawgers packers or serchers gawger packer or sercher shall lose and forfeyt his sayd offyce & the same from thensforth no lenger to enioye / Any lease graunte or grauntes therof made notw tstondynge / & for ferder punysshement to haue and suffre ymprysonement by the space of .xl. dayes with out bayll or maynpryse / Prouyded alway y t the sayd sercher & packer or ony of theym / shall no thynge receyue of y e sayd fees by colour of theyr offyce but only for suche buttes barels half barels & fyrkyns as by them shall herafter be suffyciently serched & packed & be not afore suffycyently packed / This present acte to begyn̄ and take effecte at the feste of Ester next comyng and not before /
For punysshynge of periury and lessynge the penaltye in atteynt Capitulo xxiiij
THe kyng our souerayn lord of his moost goodly and gracyous dysposycyon callyng to his remembraunce how that periury in this londe is in manyfold causes by vnresonable menes detastly vsed to y e dysherytaū ce & grete damage of many & grete nomber of his subgettes well dysposed / & to the moost hygh̄ dyspleasure of almyghty god / the good statutes ayenst all offycers hauynge retorne of wrytt & and theyr deputyes makyng panelles percyally for rewardes to theym yeuen ayenst vnlawfull mayntenours imbrasours and Iurrours / and ayenst iurrours vntruly lyeuyng ther verdyte notwithstondyng For reformacyon of the same by the kynge our souerayn lorde & the lordes spuall and temporall and the comens in this present parlyament assembled and by auctoryte of the same. be it enacted ordeyned and establysshed that vpon eueri vntrue verdyte herafter yeuen betwyx party and partye in ony suyte playnt or demaund before Iustyces of recorde where the thynge or demaunde & verdyte thervpon geued extendeth the value of .xl.li. & concerneth not y e Ieoperdy of mā nis lyf. the party greued by the same verdyte shall haue a wryte of atteynt agaȳ ste euery persone herafter so yeuyng an vntrue verdyte and euery of them and ayenst the party whiche shall haue iugement vpon the same verdyte / And y t in the same atteynt ther̄ shal be awarded ayenst the petyte Iury. the party & y e graū de Iury Som̄ resom̄ & dystresse infynyte whyche graund Iury shall be of lyke nomber as y e graund Iury is now in atteynt & euery of them y t shall passe in y e same shall haue londes & ten̄ementis to y e value of .xx. marc. by y e yere of fre holde out of aūcient demeane & vpon y e dystres which shalbe deliuered of record vpon y e same opē ꝓclamacōn to be made in y e court there y e dystres shalbe awarded more thā .xv. days afore y e retourn̄ of y e sam̄ distres / euery such distres shal be made vpon y e lond of euery of y e sayd graūd iury as in other distres is & hath be vsed And yf y e sayd party defēdaūt or y e pety Iurours or ony of thē apere not vpon y e [Page] distres then the graund Iury to be taken ageynst theym & euery of them y t shall so make defaute / And yf ony of the sayd petyte Iury appere / then y e party complaynaunt in y e behalf shall assygne the fals serement of the fyrst verdite vntruly yeuen / wherunto they of the petyte Iury shal haue none answere yf they be the same persones / and the wryt processe retourn & assygnement good and law full / except y t the demaundaunt or playntyf in thesame atteynt / hath afore by nonsuyte or discontynued his sute of atteynt taken for thesame verdite / or hath for the same verdyte in a wrytte of atteynt had iugement ageynst the sayd pety Iury / but only y t they made true verdite / whiche yssue shall be tryed by .xxiiij. of the sayd graund Iury / and y e party shall plede y t they gaue true verdyte or oni other matere whiche shall be a suffycyent barre of the sayd atteynt / and y t plee notwithstondynge the graund Iury to be taken without delay to enquyre whether y e fyrst Iury gaue true verdyte or no / & yf they fynd y t y e sayd petite Iury gaaf an vntrue verdyte / then euery of the sayd petyte Iury to forfeyt .xx.li. wherof the one half shall be to the kynge our souerayn lord & the other half to the party y t sucth / And ouer that that euery of the sayd petyte Iury shall seueralll make fyne and raunsonne by the dyscrecyon of the Iustices before whome the sayde false serement shall be found after theyr seuerall offences defawtes & suffyciencie / of euery of the sayd petyte Iury And after that y t those of the sayd petyte Iury so atteynted / shal neuer after be of no credence nor theyr othe accepte in ony court / And yf suche ple as the party pledeth which is abarre of the sayd atteynt be found or demed ayenst hym that so pledeth thenne y e party y t so sueth shall haue Iugement to be restored to that he loste with his resonable costes and damages. For een alway that ony outlawre in ony accōn or cause personel or excomengement pleded or aleyed in the party playntyf or demaundant shall be taken but as a voyd plee. & to that he shal not be put to answer. And that in al tha foresayd proces such day shall be yeuen as is in a wryte of dower and none assoyne or proteccyon to ly nor to be alowed in y e same / And yf the sayd graund Iury appere not vpon the fyrste dystres had ageynst theym. soo that the Iury fortheyr defawte do remayn he that soo maketh defawte shall forfeyt to the kyng xx. s. / And vpon the second dystres .xl. s. And after makyng defawt for eueri suche defawt .v.li. And lyke penaltyes and forfeytures to be ayenst them and euery of theym that shall be named named in the tales as is afore expressed ayenst euery of the sayd graunde Iury aforsayd / And that for and by the deth of the ꝑcy of ony of the sayd petyte Iury the sayd atteynt shall not abate nor be deferred ayenst the remenaunt as longe as two of the sayd petyte Iury be alyue / And yf herafter ony fals verdyte be geuen in on ony accyon sute or demaund afore ony Iustyce or recorde of ony thyng personell as dette trespace and other lyke which shall be vnder the value of .xl.li. that then̄e the party greued shal haue atteynt with suche proces and plees as is afore reherced / And delayes to be taken away as afore is remembred / except that in this case of atteynt / euery persone of the graund Iury that may dyspend .v. mare. by the yere of frehold out of auncyent demeane [Page] or is worth .C. marc̄. of godes and catalles. shall be able to passe in the same atteynt / And yf the petyte Iury be atteynted / y t thenne they shall in this case of atteynt euery of theym in forfeyt. but .v.li. wherof one halfe shall be to the kynge & thother half to the partie after the fourme afore reherced / and ouer that to make fyne and raunsonne by the discrecōn of the Iustices as is aforsayd / And yf there be not persones of suche sufficiencie within the shyre where ony of the sayd atteyntes shal be taken as may passe in the same / be it ordeyned by the auctorite aboue sayd / that thenne the tales shall be awarded in the Shire nexte adioininge by the discresion of the Iustices afore whome the same atteyntes shall be taken whiche shall be warned to appere vpon lyke paynes as is aforsayd and enabled to passe in the sayd atteyntes as yf they were dwellyng in the shire where the same atteynt shall be taken and that the same lawes accōn & remedy ordeined by this present acte / be kepte for and to all theim that shall be greued by suche vntrue verdites of ony inheritaunce in discent reuercion or remayndre or of ony fre holde in reuercion or remayndre / And yf the partie in atteynt geuen by this acte be nonsuyt of the same discontinue / that thenne the parti so mōsute or so discontinuenge the sayd atteynt / make fyne and raunsonne by y e discrecōn of the Iustices afore whom the sayd atteynt shall be taken and dependynge / And that all atteyntes hereafter to be taken shall be taken afore the kynge in his benche or afore the Iustices of y e comen place & none in other courtes / And that (Nisi prius) shall be graunted by discrecōn of the Iustices vpon the distres And euery of the sayd petite Iury may appere and answere by attourney in the sayd atteynt / and y t the moyte of the sayd forfeyture of the petite Iury shall be leuied to thuse of our soueraīe lorde bi Capias ad satisfaciend) or (Fieri fac) or Elegit) or by accōn of dette ayenst euery persone of the petite Iury so forfeitynge and ayenst his executours and administratours hauyng thenne sufficient goodes of theyr sayd testatour not administred / And thother moyt shall by lyke proces be leuied to thuse of the partye that sueth ony atteynt geuen by this acte ayenst euery of the sayd petite Iury and his executours or adminystratours hauyng thenne sufficiencie of goodes as is aforsayd not administred / And y e iugement of restitucōn to the partie greued suynge this acte & execucōn of the same to be had and lyke Iugement for the partie defendaunte or tenaunte to be discharged of restitucion as afore this present acte in case of a graunde atteynt hath be vsed / Be it also ordeyned and enacted by thactorite abouesaid that in euery writte of atteīte hereafter to be takē by or vpō this acte / y t whiche shall be suche as other writtes of atteȳt bē & aft y e Teste of y e same write shall be writtē thyse wordes in latyn (per statutum anno vndecimo henrici septimi editum) ¶Be it also ordeyned & enacted by the same auctorite / that all penalles hereafter to be retorned whiche ben not atte the suyte of ony partie that shall be made & putte in afore ony Iustices of Gaole deliuere or Iustices of peas in theyr open Sessyons to enquyre for the kynge shall hereafter be refourmed bi addiciōs and takynge out of names of persones by discrecōn of the same Iustyces before (whom suche panell shall be retorned / And that the same Iustyces shall [Page] hereafter cōmaunde the Shiref or his ministres in his absence to putte other persones in the same panell by theyr dyscrecions. and that panell soo hereafter to be made to be goode and lawfull / This acte to endure oonly to the nexte parlyament /
For punysshment of periury by examinacōn of the Chaunceller Tresorer &c Capitulo xxv
THe kyng our souerayne lorde well vnderstondyng the haynous and detestable periuries dayly cōmitted within this realme in enquestis and Iuries taken aswell betwix his highnes and other his subgettes. and parti and parti as in enquestes of office to the hygh dysplesur of almyghty god and lettynge of administracōn of Iustice the whyche ꝑiury growyth by vnlawfull reteyndours mayntenaunce embracyng champart [...]e and corupcōn of good aswell of the Shirefs as of other officers Notwithstondyng ony lawes before this time made for the punysshment of suche offendours / wherfore the kyng our souerayne lorde by the aduyce and assent of his lordes spirituall and temporall and of the comens in this present parlyament assembled and by auctoryte of y e same enacteth establysshy [...]h wylleth and cōmaundyth that all the sayd lawes be duely putte in excucōn / And it be ordeyned by the sayd auctoryte that the Iustyces of peas wythin thys realme in ony enquestes of offyce before theym or ony of theym to be taken Admitte nor take ony panell of suche enquestes to be retorned afore theym but yf the same panell be fyrst seen / before theym and they to refourme it by theyr dyscrecion yf cause be / and that euery panell otherwyse receyued be voyd and of none effect / And ferthermore be it enacted by the sayd auctoryte as for ony periuri cōmitted by ony enquestis betwene the kynge and the partie. partye and partye / wherupon iugement is herafter geuen that the partye greued or ony other that wyll complayne of ony vnlawfull maintenaunce ymbracynge corrupcōn of ony offycers wherby y e sayd periury was induced and of periury by the sayd enquestes comytted / may complayne by by [...]l to be presented afore the Iustyce or Iustices be whom iugement shall be geu [...]n Whyche Iustice or Iust [...]ces shall be bounde to receyue it soo that y e cōplainaūt present the same byll before the same Iustice or Iustices within .vi. dayes after the iugement geuen and fynde sufficient suretie before the same Iustice or Iustyces by his discrecōn to be admitted y t wyll bynde them by recognisaunce or otherwise in suche sōme or sōmes of money shall be lymytted by the discrecōn of the same Iustyce or Iustices to the seuerall partie vpon whom he shall complaine vpon condycōn that yf the partye complaynaunt preue not suffycyently the matere of his complaynt to be true / that thenne the sayd complaynaunt to paie suche costes and damages to the seuerall parties greued / and at suche tyme. as shall be considred and awarded by the discrecōn of the sayd persones that haue power by thys present acte to examyne the same / And that the [Page] sayd Iustyce or Iustyces after the receyte of the sayd byll of complaynt in fourme reherced / certyfye the sayd byll vnder his or theyr seale or seales vnto the Chaunceller of Englonde for the tyme beynge / And thenne the same Chaūceller shall cause by wrytte att the suyt and costes of the partie complaynaūt all suche persone or persones ayenst whom the sayd complayntis soo made to come afore the same Chaunceller and Tresorer of Englonde the chyef Iustyce of eyther bē che and the clerke of the Rolles for y e tyme beynge. whyche shall haue full power and auctoryte by thys present acte by theyr dyscrecyon to examyne all suche persone or persones apperyng before theym of all thynges comprysed in the bylle of complaynt and to punyssh̄ al and euery suche persone or persones as by that examynacōn shall be founde offend [...]r or offendours aswell of periury as other after theyr dyscrecyon / And ouer that be it enacted that yf the partye complaynaunt pursue not or proue not his byll of complaynt / thenne he to yelde to euery persone by hym wrongfully vexed his costys and damages and make fyne to the kynge atter the dyscrecyon of theym before whome the examynacōn is soo had / And it is ferder ordeyned that thys acte extende not to the anyntisement nother vndoyng of the verdyte and iugement yeuen / but that the sayd verdyte and iugement stond in his strength to the tyme it be vndone or auoyde by writte of errour or atteynt or otherwyse after suche order as the comen lawe was afore the tyme of makyng of this statute this present acte notwythstondynge / ¶ And ouer that be it ordeyned by the sayd auctoryte that yf periury be cōmitted by proues in the kynges courte of the Chauncery or before the kynges honorable Counseylle or elles where / that thēne the fore named Chaunseller vpō a bylle to hym putte wyth lyke suretye as is afore reherced / make lyke proces to call in the supposed periured persones afore the sayd Chaunceller Tresorer Iustyces and clerke of the Rolles and they to haue power to here and examyne the sayd persones and yf the sayd persones of the periury or other mysbehauing before reherced soo be conuycte / that thenne they to be punysshed vnder lyke fourme as is afore reherced / Prouyded alway that this acte begyn to take his effect at the feest of the Natiuite of our lorde nexte comynge and no lenger to endure but vnto the nexte parlyament /
For holdynge the Shyrefs Tournes wythin the Countees of Suth. Surr. and Sussex Capitulo xxvi
PRayen the comens in this present parlyament assembled that where it was establysshed and enacted the fyrst yere of the reyne of kynge Richarde the thyrde late in dede and not of ryght kynge of Englonde / that noo Bailly nor other offycer shold retourne or lawday ony persone but suche as be of good name and fame and haue londes and tenementes of free holde within the same countee where they ben enhabytaunt of the yerely value of .xx. shelynges / at leest [Page] or elles londes and tenementes holden by the custume of the Maner̄ called copiholde within the sayd Countie of the yerely value of: xxvi. shelynges .viii. pence ouer all charges at lest as in the sayd stature more playnly it appereth / And that all inditementes and presentementes taken afore ony Shyref in his Torne otherwise / be voyde and of none effecte. By reason of whyche statute many Shyrefs of the Countees of Suth̄ Surt and Sussex intending truely / haue loste the proffite of many of his or theyr Tornes and many grete myssantes and offences not presented nor the offendours and trespassours ī the same punisshid to the greate hurte of thinhabitauntes of the same for within some hunders there There ben not soo many persones of suche londes and tenementes dwelling out of Fraunchyses / and though they were of that hauyour / they wolde not appere for the losse of two pence or foure pence atte the daye of the Tourne whyche small amerciament is of olde time vsed / wherby the kynges sayd courtes in dyuers parties of the sayd Counties ben lost / In consideracōn wherof it maye be stablysshed and enacted by the aduyse and assent of the lordes spirituall and temporall and the comyns in this present parlyament assembled and by auctorite of the same / that it shall be lefull to euery Shyref of ony of the sayd Countes to impanell and sūmon .xxiiij. lawfull men of suche Inhabytauntes within the precyncte of euery of his or theyr Tournes / as owe sute to the same Tourne or Tornes / And wherof euery of the sayd .xxiiij. men haue londes and tenementes of free holde to the yerely value of x. shelynges ouer all charges / or londes and tenementes of Copy holde to the yerely value of .xiii. shelynges .iiii. pence ouer all charges within ony of the sayd Counties where suche Tourne or Tournes is or to be kepte / And soo many there to appere at the day of the Tourne before the sayd shyref vndershiref or clerke to enquire of the articles of the sayd Tourne / And that euery of the sayd .xxiiii. men so beynge impanelled & sōmoned not apperynge be amerced in the sayd Shirefs Tourne or Tournes for not doinge of theyr suyte to the same .xii. pence / Prouyded alway that yf there be .xii. of y e sayd Inhabitauntes soo impanelled within the precyncte of euery Tourne appere Soo that in euery Tourne there be a lawfull Iury of theym sworne / that thenne alle the remanaunte of theym soo impanelled that make defawte be not. amerced for that defawte but oonly for their suyt / And as it was lawfully vsed afore the makyng of the sayd statute / And ouer that be it enacted that after dewe and lawfull sōmons had of the Inhabitauntes as is aforsayd / yf that there appere not .xii men in euery of the sayd Shyrefs Tournes of the sayd Inhabitauntes hauyng londe and tenementes of the yerely value of .x. shelynges or .xiii. shelynges .iiij. pence. as is aboue sayd / And yf there be not .xxiiij. suche Inhabitauntes whiche maye be ympanelled & sōmoned ī manere & fourme aboue sayd in ony of the sayd tournes That thenne it shall be lefull to euery shyref vndershiref clerke baylly or other mynystre to charge and swere ony other persone or persones in ony of the sayd shirefs tournes where suche none suffycient and defawte of Inhabytauntes and apparaunce [Page] is hadde / suche as be of good name and fame and the best by his or theyr dyscrecion y t appere afore him or theym and none offycer nor seruaunt to the sayd shyshyrefs vnd [...]shy [...]s clerkes bayllyfs or mynysters / And that all inditements & p̄ sentmentis other than felony so taken concernyng the sayd shyryfs tournes / be good & effectuell notwithstondyng the sayd acte made in the fyrste yere of kynge Rychard aforsayd / And y t the shyryfs vndshyrefs clerkes nor bayllyfs of ony of the sayd countyes nor none of theym doyng accordynge to this present acte / forfeyt ony thyng or be in ony wyse preiudised for doyng ony thynge contrary to the sayd statute made in the fyrst yere of the sayd kynge Rychard / And y t euery shyref vnder shyref clerk baylly or mynyster that do contrary to this ordynaunce in ony poynt forfeyt the sōme of C. s at euery tyme that they or ony of theym do the contary of the same in ony poynt of the same / Sauynge to euery persone & persones theyr lawfull lybertyes and fraunchyses and tenaun [...]es & ī habytantes of the same / This acte to endure vnto the next parlyament. /
For fustyans to be shorne with the brode sheare Capitulo xxvij
PRayen the comens in this present parlyament assembled y t where as fustyans brought from the partyes of b [...]yond these vnshorne in to this realme / haue be & shold be y e moste profytablest cloth for doublets & for other weryng clothes gretly vsed among the comen people of this realme & lengest haue endured of ony thyng that hath comen in to the same realme from the sayd partyes as to y e entent / wherof the cause hath ben that such fustyans afore this tyme haue be truely wrought & shorne w t y e brode shere & wyth none other instrument or other duceyfull meane occupyed vpon y e same / Now so it is y e dyuers ꝑsones by subtylte & vndue sleyghtes & meanes haue dysceyuably ymagyned & contryued instrumentes of Iron / w t the whych yrens in the most hyghest & secrete places of theyr houses they stryke and draw y e sayd yrons on the sayd fustiās vnshorne / by meanes wherof they plucke of both the noppe and the cotton of the the same fustyans and breke comynly both the ground and thredes in sunder / & after by crafty slykyng they make the same fustyans to appere to the comen people fyne hole and sound / And also they reyse vp the cotton of such fustyās / and then take a lyght candell and set in the fustyan brēnyng whyche sengeth & brē nyth a way the cotton of the same fustyan from the tone end to that other down to y e hard thredes in stede of sheryng & after that put them in colour and so subtylly dresse theym / that theyr fals werke can not be espyed wythout it be by werkmen sherers of suche fustyans or by the werers of the same / And that by such subtyltees where as fustyans made in doublettes or put to ony other vse were wont and myght endure the space of two yeres or more wyll not endure now hole by y e space of .iiij. monethes scarcely to y e grete hurt of y e pore comens & seruȳg men of this reame to y e grete damage losse & disceyt of y e kȳges true subgetꝭ byers [Page] & werers of suche fustyan / for remedy wherof be it enacted ordeyned and establysshed by the kynge our souerayne lorde & y e lordes spyrytual and temporall and the comyns in this present parlyament assembled and by auctoryte of the same / that none suche yren or instrumentys nor ony other vntrue subtyll mene of sleyght be from hensforth vsed vpon ony fystyan within this reame but only by the brode sheres vpon forfeyture of .xx. s. to be leuyed for euery defawte of euery suche persone or persones herafter offendyng and vsyng ony suche dysceyuable Instrumentis or sleyghtes as is aforsayd / The tone half of the forfeytures to be to the kynge our souerayn lord and that other half to hym or theym that wyll sue for the same forfeytures by accyon of dette byll or Informacyon in ony of the kynges courtes of recorde where the same may be determyned after the course of the comen law and that the defendaunt in suche behalf / in noo wyse be admytted to wage his law nor that ony proteccyon or essoyne be in the same alowable / And ouer this be it ordeyned by the sayd auctoryte / that the mayr and wardeyns of shermen of the Cyte of London for the tyme beyng haue auctoryte to entre and serche the werkmenshyp of all manere persones occupyeng the brode shere as wel fustyans as cloth and the execucyon of this present acte to aswell of deynezyns as of forens and straungers /