FOrasmuch as the plenty of every Common-wealth, doth princi­pally consist upon mutuall com­merce and Traffique, and such Cōmerce is solely continued by the conformity and equality of Weights & measures; so on the contrary (the diversity of weights or measures) in­troduceth many frauds and deceipts; The exami­nation and reformation whereof, together with the Inquisition and punishment of the deceipts and a­buses practised by unconscionable persons, buying or selling by weights or measures, doth anciently & properly appertain to the duty & office of a Clarke of the Market; And as the just and due examinati­on of the said Office, is very necessary and behoove­full for the publique weale of the Kingdome, so the misse-after thereof, doth draw and procure many [Page 2] grievances and oppressions upon his Majesties loy­all subjects, for redresse & prevention whereof, these ensuing particulars, would be maturely considered off. viz.

The Office it selfe is executed diversly. viz.

• 1. By the Kings generall Clarke of the Market.
• 2. By the Clarks of the Dutchy of Lancaster.
• 3. By Magistrates of Cities & Corporate Townes.
• 4. By sundry other Charters & Frāchised Liberties.

• 1. The Kings Clarke of the Market is charged, &c. viz.
  • 1. For taking common Fynes.
  • 2. For exacting more Fees then are due.
  • 3. For imposing Fynes without due tryall of of­fences.
  • 4. For quarrelling with Weights and measures produced before him, for the purpose onely to get new Fees for the sealing thereof.
• 2. The Dutchy Clarks are charged, &c. viz.
  • That the Office is executed by them, without re­spect of ease to the Subject, for the lands of the Dutchy being so intermixed with the lands of the Guildable, and the Liberties of both (in many pla­ces) lying in very small parcells together, so that neither Officer can make a reasonable dayes worke or court, without much trouble to the subject, in calling some of them 12, and sometimes 16 miles distance and remote from either Courts; And where [Page 3] a Towne or Tything is part Guildable and part Dut­chy, there the Dutchy Clarke summoneth all, and taketh Fees of all persons, and the Kings generall Clarke, comming after him doth the like with the Guildable, to the double grievance of the Tennants and Resiants of them both; And moreover the Dut­chy Clarke is not free from the particulars afore­said, layed to the Kings generall Clarks charge.
• 3. The Clarkes of Cities and Townes Corpo­rate, are charged, &c. viz.
  • 1. That they consist most of Tradesmen, as Bakers, Brewers, Maulsters, and Inholders or the like, who for the most part are offenders, yet are made prin­cipall Officers, and in these also, with the rest, the Clarkeship of the Market doth reside, and those ra­ther intend their owne profits, then publique con­formity.
  • 2 That these also under colourable pretences, give allowance to greater Measures then the Law alloweth, suggesting thereby that the trade of their Towne is increased, the buyers enriched, and the poore more plentifully used, whereas in truth it be­getteth confusion and leaveth the subject, the one to defraud the other.
  • 3. That these also being both Judge and party within themselves, no punishment seemeth gree­vous, in respect the Fynes (for the most part) being their owne, the forfeiture is seldome taken, by rea­son the fault is among their natives generally.
  • [Page 4]4. That these likewise commit the trust and custo­dy of their Seale to one of their Serjeants, and the sizing of their Measures to some poore Cooper of their City or Town, both which persons, being but in nature their servants, and are in such subjection, as they dare not offend, and by this means all measures are made there of an extraordinary large content, for the buyers advantage; for it is evident, that most corporate Townes, buy in by the greater measure, and sell out by the lesser, which is a monstrous op­pression to the Subject.
• 4. The Clarks of other Franchises, Leets, or Liberties, are charged, &c. Viz.
  • That these for the most part doe no execution of this kind at all, and where they doe, it is out of course, for no reformation ensueth, which is rather a protecting of offences, then a punishing; for all these (with many others) the imputation lyeth, and is alwaies objected to the Kings Clarke of the Mar­ket; for the Country (ignorantly supposing) there should be no other Clarke but him and his Depu­ties, finding themselves reformed by him onely, and others at Liberty and not reformed, cast all the scandall and reproach on the Kings Officer onely.

To remedy all these miscarriages, and that a faire and legall course may be held in generall through­out the Kingdome, as well within Liberties as without; Jt may be enacted according to these ensuing particulars. viz.

• [Page 5]1. That no person be chosen to execute the said Office, but such as shall be of sufficiency in estate, to be responsable for all wrongs done by them, and of ability to execute the duties incident to the said Office.
• 2. That such persons as shall be chosen and autho­rized to execute the said office, shall before he med­dle with the execution of the same, enter into a re­cognizance in a good summe of mony, and also take a corporall oath, to execute the said office justly and uprightly during the time he shall continue in the said office, without exacting unjust fees, or dischar­ging offenders without punishment.
• 3. That no person authorized to execute the said office, receive any greater fees then anciently have been accustomed, and hereafter are allowed and ex­pressed, nor receive any common Fine, or any gift or reward for discharging of any offence inquirable or punishable by or before him, upon payne of for­feiture of a good summe of money, being thereof lawfully convict.
• 4. That the said office be not granted to the chiefe Officer of any City, Borough, Towne Corporate, or Market Towne, for that such persons (for the most part) acquire their chiefest livelihood by buy­ing and selling, and are generally conscious of the frauds and deceipts committed in different Weights and measures, and therefore altogether neglect the due execution of the said Office.
• 5. That the said Office be not granted unto such person or persons, who have the Fines and Amerce­ments set by or before the Clarke of the Market, [Page 6] granted unto them, because such persons ayming at their owne particular profit, doe impose immode­rate Fynes upon offenders, and therefore are not compotent Judges in such cases.
• 6. That whereas every City, Borough, Town Cor­porate and Market Towne, doth now a dayes strive to exceed each other in the greatnesse of Weights and Measures, well knowing that all buyers will frequent that Market, where they may have greatest measure, and that all sellers most repaire, where there are most ready buyers; therefore that every Ci­ty, Borough, Towne Corporate, and Market, might keepe and maintaine a common Bushell or two (ac­cording to the greatnesse of the Market) containing full eight gallons neither more nor lesse, and agree­ing to the standard of his Majesties Exchequer, and not suffer any other measures to be used, but such as shall be agreeable to the same measure in quantity or even proportion, and that the same measure or measures, may be continually (especially upon the Market dayes) hanging up fast fixed with a chayne in the publique Market-place, & also common with both Troy and Avoirdupoise ready in the same Mar­ket, to be used by the subject, both buyer and seller as need shall require.
• 7. That whereas most Bakers doe usually buy their corne, by a Bushell which shall containe ten gallons, and sometimes more, and yet doe neverthelesse as­size their bread, but after the rate of eight gallons to the bushell and sometimes under; That no Bakers doe buy by any other measure, then after eight Gal­lons to the bushell, and eight bushells to the quar­ter, [Page 7] upon a good penalty; unlesse he buying by any other degree or even proportion, warrantable by Law or common usage, may alwaies be constrained to assize his penny and halfe-penny loaves accordingly.
• 8. That no Chandler, Badger, Loader, Miller, Meale­man, Maultman, or any other person doe keepe, buy, or sell by any other measures then as aforesaid.
• 9. That every person doe buy or sell their corne and grayne, or other commodities by just and equall Weights and measures agreeing with the standard of the Exchequer, and that every such measure be even striked and not heaped up, & that the strike or strickle wherewith the said corne or other commodities shall be striken, be made even, and not above the thicknesse of one inch in breadth, without any manner of run­ning in the stoping or hollownesse of it, now too much abusively used in publique Markets; and that the use of all Roles, and other deceitfull strikes, now used in most parts of the Realme, be absolutely sup­pressed, being so evident, that by the use of them, the seller is alwaies extreamly injured and oppressed.
• 10. That no Baker sell, nor any other person or persons buy to sell againe, above 13 peny-loaves for 12. pence, and that no poundage be given by the Ba­ker to any Inkeeper, Victualler, or any other person, in money or otherwise.
• 11. That all Inholders and Hostlers, doe sell their Hay and Provender at indifferent rates and prizes, and that every of them have one Gallon measure sealed, and agreeing with his Majesties said standard, hanging fixed with an Iron chayne at his stable or hostrie doore, publike in the view of all his guests.
• 12. That wheras the excessive gaine of Innes, Victu­alling [Page 8] houses and Hostries, is most grievous to the Cōmon-wealth, which is chiefly occasioned by gree­dy desire of unlawfull gaine, in letting to farme their Hostries and Tap-houses to their Hostlers, servants, and Tapsters, some paying to the Master 15. s. for that barrell of Beere, for which the Master paid 8. s. or lesse to the Brewer, and 11. s. 8. d. for the bushell of Oates, which cost the master but 14. d. 18. d. or 20. d. at the most; thereby enforcing the said Host­lers and Tapsters, to sell to the Kings Subjects, by farre lesser measure, then the Kings standard, to make themselves some profit by the said Farme; it being often found by surveigh of the generall Officers Depu­ties upon examination of the said Measures, that the halfe peck, which should containe eight pintes, hath not contained full five pintes, and the groat Jugges sold for 4. d. hath not contained two quarts, which should containe foure, and the 2. d. Jugges not a full quart by the standard, which should containe two quarts.
• 13. That it may be enacted, that no Inkeeper, Vi­ctualler, or Hostler, doe let or set to Farme his Sel­ler, Tap-house, Stable, or Hostry, but to keep the same in his owne hands, and sell onely by lawfull measures, sealed, and agreeing with the Kings standard, and to sell his Hay and Provender, for moderate and indiffe­rent prizes, viz. A fourth part in the valew over and above the rates in the Market, as it shall bee then from time to time; and this to be performed upon forfeiture of a good summe of money for every of­fence found and presented by Jury.
• 14. That no person or persons shall vent or sell his [Page 9] Beere or Ale by Iugges or Stone pots, that shall not containe full pintes, quarts, pottles, gallons, and that no such pots or jugges be imported or made within the Kingdome, but such as shall be of the proportion and content in quantity as aforesaid, and to have some marke of distinction in the framing of them, which may be conspicuous to all men.
• 15. That Brewers be restrained from selling their Beere and Ale at excessive rates, as at ten shillings, twelve shillings, fourteen shillings, fifteene shillings, eighteene shillings, and sometimes twenty shillings the Barrell, but that all Brewers brewing to sell in Hoggs-heads, Barrells, Kilderkins, or Firkins, may be confined, to sell according to the Statute of 23. Hen. 8.
• 16. That whereas there is yet no direction, nei­ther by Statute, nor other Order, to guide any Offi­cer for the true Assize of Bread, made of any graine but Wheat onely, and that the Bread most used to bee put to Sale by Bakers, for the reliefe of the poo­rer sort, is made of Rye or Masslyn, which is Wheat and Rye or Barley mixed together, in which the poore are daily pinched and wronged; may it therefore please this Honourable Assembly, to take the same into their consideration, and pray that the Officers of his Majesties Bake-house, may be dire­cted to make a tryall of the same Graine, and in their judgements upon their Oathes set downe a certaine Assize to guide both Officer and Baker, beginning from Twelve shillings the quarter unto 3. l. 6. d. the quarter, for want of which experiments, [Page 10] the common Bakers are at their own appoinment for sinister advantage, but the poore are ground inevita­bly by unconscionable Bakers.
• 17. That whereas the usuall course for the discove­ry of these and other offences inquireable by the fore­said Clarkes of the Market, is either by making par­ticular search or by generall summons, neither of which being able to make a perfect discovery, it being still voluntary honesty, whether any will leave (or shelter) their false Measures or Weights at home or not; That the Clarks of the Market or their De­puties, may be enabled to give oath to such as shall give cause of suspect, whether directly or indirectly, he hath any false weights or measures at home, or in the custody of others.
• 18. That the originall standards of the Exchequer may be reviewed and examined, to see whether they differ in proportion the one from the other or not; forasmuch as the brasen Quart standard, hath beene found different from the other, occasioning the Offi­cer to misse guide or frame some me [...]sures uncertain, if corrected by that originall quart standard.
• 19. That whereas there are at this day in divers Ci­ties, Boroughs, and Corporate Townes, and in many other parts and places of the Kingdome (especially in the Northerne and Westerne parts and Dominion of Wales) false and deceitfull Weights and measures, of different contents one from another, and all repug­nant and disagreeing from the originall standard of his Majesties Exchequer, appointed (by Law) to bee the rule and direction for them all; may it be enacted upon a severe penalty or forfeiture of Franchises, that upon a set time prescribed a due reformation & con­formity [Page 11] may forthwith he obtained and procured, within all such refractory Franchises or Liberties.
• 20. And lastly, that the ancient and accustomed Fees, which have been formerly by long custome and use approoved off, and setled by sundry Proclamati­ons appertaining to the generall Clarke of the Market onely, and to none other such like Officer; may be re­vised, considered, ratified, confirmed, and declared by publique authority, and so made plain and conspi­cuous to generall view and notion; To the end such a necessary Officer, and his severall Deputies may be supported, continued, and encouraged to execute their places with diligence and integrity, the which acquire such assiduall trouble, travell, and charges; Forasmuch, as it doth and may appeare that the Country general­ly in former times, have borne this Officers charges, besides his recompence, whereupon a particular Sta­tute was afterwards enacted, restraining and confining him to travell but with sixe horse, to avoid (as it see­med then) unnecessary burden and charges to the subject.

The substance and contents of a Booke of Assize and plain direction, as well for Officers as the subject generally, and how to understand and put into ge­nerall practise and execution, all, and every the contents of the premisses which shall be thought meet and expedient; The Tract is entituled The generall Clarke of the Market, ready composed and provided for the Presse and publique use and service of the Common-wealth of England and Ireland, and Dominion of Wales, &c. viz.