ANNO QVARTO HENRICI VIII.

THe Kynge our soueraygne lorde Hen­rye the viij. after the conquest, by the grace of God king of England and of Fraunce and lorde of Irelande, at his parlyamente holden at Westminster the iiij. day of Nouember, in the fourh yere of his most noble reygne, after the prorogation to the honour of God and holye churche, and for the common weale & profite of this his realme, by the as­sent of the lords spiritual and temporall, & the com­mons in thys presence parliament assembled, & by aucthoritye of the same, hath, doo, to be ordeined, made, & enacted, certaine statutes and ordynaunces in maner and fourme folowing.

THE TABLE.

  • AN acte concerninge makinge of bulwarkes on the sea­side. Cap. i.
  • An act concerning punishment for murther. Cap. ii.
  • An act concerning iuryes in London. Cap. iij.
  • An act of proclamacions to be made before exigents be awarded in forrayne countyes. Cap. iiii.
  • An act repelling penaltyes for geuinge of wages to la­bourers and artificers. Cap. v.
  • An act concerning customers & comptrollers for sealyng of cloth of gold, siluer, and al other maner of silkes and corses. Cap. vi.
  • An act concerning peuterers, and true weightes & beames. Cap. vii.
  • An act concerning Richard Strode. Cap. viii.
FINIS TABVLAE.

HENRICI OCTAVI.

An act concerning making of Bulwarkes on the sea syde. Cap. i.

PRayen the commons in this presente parliament assembled, that for as muche as the lande of Britayne, and also the ha­uen of Brest lyeth streight agaynst the South sea costes of the county of Cornewal and that the Frenchmen (our aun­cient ennemies) and Britaynes enemyes, by reason of their fishyng vpon the sea costes, know as well euery hauen and creeke wythin the sayd countie, as euery lāding place, in as large maner as anye subiecte of our soueraine lorde the kinges doth. And that the sayde countye is lxx, myle in length, and the substaunce thereof righte little more than vi. mile in breade from the south sea to the north sea: by reason wher­of they also know that great multitude of people cannot shortly resorte to put them of at their landing: and that in diuers and many of the sayd lan­dinge places, nother pile, blockhouse, ne bulwarke is made to greue or an­noye them at theyr landing, which consideracions, vnto our said enemies greate audacitie comforte and courage, geeueth to arriue and lande in the same parties, to the great annoyaunce of our sayd souereigne lord his sub­iectes there, and to the vtter vndoing of diuers and many of them, vnlesse a remedy be the sooner prouided.

Therefore be it enacted by the king our soueraigne lord, his lords spyri­tuall and temporall, & the commons in this present parliament assembled and by auctority of the same, that the Iustices of the peace and sheriffe of the sayd county, do ryde and view all the sayde South coste, from Plym­mouth westward to the lands end. And that done, incōtinent to appoint wythin themselues suche boroughes, townes, and paryshes, as they shall thincke reasonable to make bulwarkes, brayes, walles, ditches, & all other fortifications for the same cause, in maner, forme, and fashion, as shall bee thoughte by theyr discretion in euery of the sayd landing places betweene this and the fyrst day of March next now comming. And farther be it e­nacted, by the sayde auctoritie, that euery Mayre and constable of the sayde countie, by the sayd Iustices of peace or sheriffe appointed, do commaunde all thinhabitauntes within the precincte of theyr office, to be at the sea side wyth such instrumentes as they haue or can get for the making of ye sayde bulwarkes and other the premisses, in such lāding places, as shalbe assig­ned by the sayd Iustices of the peace or Sheriffe. And that the said maire or constables do commit to warde all such wilfull personnes as wyll not obey, come, nor sende any other person to the sea syde [...], to make the said bul­warkes, and other the premisses, at the day and time by the sayde Maire or constables to bee appointed, and there to remaine withoute bayle or mainprise by the space of tenne dayes or lesse, at the discretion of the sayde Mayre or Constables: And if any of the sayde Mayres or Constables do not their duetie, as is aforesayd: that than the Iusticees of the peace nexte [Page] adioyning, do committe to warde the same Mayre or Constable, so offen­ding, there to remayne wythoute bayle or maynepryse by ye space of a mo­neth, or els at the discretion of the Iustice of peace.

And also be it enacted by the said auctority, that good and substanciall bulwarkes, braies, walles, ditches, and all other fortifications in euery lā ­ding places (in maner fourme & fashion as is aforesaide) as wel frō Plim­mouth aforesayd by the sea costes Estward, as in al other parts within ye realme of England, be made there, as the Iustices of the peace & Sheriffe within that shyre, where any such landing places be, shal thincke nedeful. And that euery Iustice of peace, Mayre, and constable within euery shyre, where any suche landinge places bee, haue lyke and as good auctority by this present acte to commaund the inhabitantes of euery borough, towne, and parish adioyninge to the sea syde or els where, after the discretions of the Iustices of peace, to make the sayd bulwarkes & other the premisses: and also commit to warde all such wilfull persons as will not obey, in like maner as the Iustices of the peace, Maires, & constables of the said coun­tie of Cornewall may do by any of the actes aforesayd.

And ouer this be it enacted by the sayde auctority, that it be lawfull for euery of the kynges subiectes within this realme of Englande, by the ad­uise and assignement of the sayde Iustices of the peace or sheriffe to make all maner of bulwarkes and other the premisses in euery mans grounde, of what estate or degree he be of: and also to digge and to delue as wel for earth stones and turfes, as to cut and to hew heth in any mans grounde for the makynge of any suche bulwarkes and other the premisses, as ofte and as many times as neede shal requyre, and the sayd erth, stones, turfes, and heth to take and occupie and cary awaye oute of the saide grounde to any other mans ground, for the making of any such bulwarkes and other the premisses: in whose ground so euer the sayde earth, stones, turfes, and heth happen to bee, wythout any interruption or let of any person or per­sons being lord or lords of any such ground, or hauinge any other interest in the same. And without any maner of payment to be demaūded for any of the premisses, or any maner of action by any maner or person or persōs, at any time hereafter to be attempted, or in any wyse mainteyned against any of the kinges subiectes for any such matter or cause. And this acte to endure to the next parliament.

An act for punishment of murther. Cap. ii.

WHere as robberies, murders & felonies daily encrease more and more, and bene committed and done in more heynous open and detestable wise thē hath ben oft seen in times past: And the per­sons so offendinge little regarde the punishment thereof, by the course of the common lawe, ne by reason of any statute heretofore made, but beare theim bolde of theyr Clergie, and imagininge and pleadinge of [Page] feygned and vntrue foraine pleas, triable in foraine coūtyes, to thinfēt to be remoued from place to place, by colourable and vntrue suggestions and for to be vntruely acquite by fauour might and corrupcion: so that they liue in maner without feare or drede. For reformacion wherof, and for ye com­mon welth of this realme, and to put the sayde murderers, felons, and of­fenders in more feare and drede so to offende: Be it ordeined established & enacted by the kynge our soueraigne lorde, the lordes spiritual and tempo­ral, and the commōs in this present parliament assembled, and by auctory­ty of the same, that all persone or persones, hereafter committinge murder or felony in any churche, chapell, or halowed place, or of and vppon malyce prepensed, robbe or murder any personne or personnes in the kinges highe­waye, or els robbe or murder any persone in his house, the owner or dwel­ler of the house, his wife, child, or seruaunt than being therin, & put in feare or drede by the same, that such persons so offending, be not from henceforth admitted to his or theyr clergy, suche as bene within holy orders onelye ex­cepte. And ouer that be it enacted by the sayd auctority, that if any murde­rer or felon, vpon his arrainment, hereafter do alledge, that he had taken a­nye church or churchyard for murder, felonye or other place preueleged for the same in a foraine county, and against his will taken out thereof: that than the kynges attournay, or any other person that will sue or aledge for the kinge: that the sayde murderer or felon so arayned, was taken at large in the same shire, where he is so arayned: that than the same allegeaunce and issue to be tried by thenquest that should try the sayd murder or felony within the same shyre, and before the same Iustice, where the sayd murde­rer or felon is arrained, as though the sayde forraine plea had not be pleded by the sayd felon. And if it be founden by ye same inquest, that the sayd mur­derer or felon was taken within the same shire (as is aforesayde) that than he to haue none auantage or benefit of ye matter alleged by him for takinge out of the church or churchyard, or other place priuiledged, in any suche fo­raine shire. And this acte to endure to the next parliament.

¶An acte concerninge Iuries in London. Cap. iij.

WHere at a parlyamente holden at Westmin. the .xj. yeare of the reigne of king Henry the .vij. for the good due administracion and expedition of Iustice, it was ordeined, and amonge other thynges enacted, that euery person hereafter to be enpanelled or sommoned to appeare in any Iury or inquest, in any courte within the city of London, before any Iudges of the same city, making de­fault at the first sommons, should lose & forfaite .xij.d. And at the second de­faut .ij.s. And so at euery such defaut after that, the issues and penalties to be doubled. And also such issues lost in ye Maires courte should be forfaited leuied, and perceiued to thuse and behoue of the maire and ye comminalty of the sayd city. And that all such issues loste in the sheriffes court or cour­tes, [Page] should be forfayted, leuyed, and perceyued to the vse of the sheriffes of the same city, for the time being, toward their fee ferme, as by the same act more plainely doth appeare: in the whiche acte is not expressed, howe or by what meanes ye foresayde issues, so lost & forfayted, for none apparāce of the persons so impanelled and sommoned, should be leuied. The lacke whereof is the cause, that suche persons as haue bene impanelled and sommoned, as well for the kinge as betwene party and party (beinge substanciall and in­differēt) haue made many tymes defaut, and woulde not appere. And so it remaineth in like mischiefe as it was before ye makinge of the foresayd act, to the greatlet of Iustice, and the delaye aswell in the kynges causes, as in other causes betwene parties, wherfore for ye good execution of the said statute and pertit remedy in this behalfe to be had. Be it established ordei­ned, and enacted by the kinge our soueraigne lorde by thassent of ye lordes spirituall and temporall, and the commons in this presente Parlyamente assembled, and by the auctority of the same, that for all such issues (in forme aforesaid) hereafter to be lost or forfaited in the maires court, it shalbe law­full to the sayde mayre, and to his successours, to distreine, and the same di­stresse to reteine till he or they be satisfied of the said issues. And in like ma­ner that it shalbe lawfull to ye foresayd sheriffes, and their successours, to di­straine for suche issues lost in their court or courtes, and the sayd distresse to reteine till they be satisfied of the sayde issues. Item for as muche as after issues ioigned in actions and sutes commenced taken or dependinge in the kinges courts before hym selfe in his bench, and before his Iustice of the commen benche: And also in his escheker at the kynges suite, or at the suite of the parties triable in the sayd city of Lōdon, as well ye kinge as the parties haue suffered great delay many times for defaulte of apparaūce of the iurours impanelled to trye the sayd issues, and many times for lacke of iurours not hauing landes & tenemētes of the yerely value, of .xl.s.

Be it ordeyned and enacted by the sayd auctority of this present parlia­ment, that the sheriffes of London (for the time beinge) haue full auctority and power to retourne in panelles or arraies of all actions & suites nowe dependinge, or that shal depend in any of the sayde courtes or escheker, per­sons beinge citizens hauinge goodes to the value of .C. marke or aboue, to trie the issues ioygned or to be ioygned in euery suche action or suite. And the persōs so retourned (hauinge goods to the value of .C. marke or aboue) shalbe sworne and do in all such iuries in likewise in euery thinge, as other persons shall do hauynge landes and tenemētes of the yerely value of .xl.s. ouer all charges. And ouer that be it ordeyned by the sayde auctority, that the sheriffes of the sayd city (for the time beinge) shal retourne vpon ye first distresse in euery such action or suite vpon euery of the iuries impanelled to trye the issues thereof .xx.d. And vppon the seconde distresse, vpon euery of the same iurours .xl.d. And vppon euery distresse after that, vppon euerye of the same Iurours the double, tyll a full Iury in euery such Action and suite shall appere and be sworne to trye the issues ioygned in the same. And [Page] that the sheriffes, that shall make any retourne vpon such distresse cōtrary to the fourme aforesayde, shall forfayte for euery suche defaulte .x.li. the one halfe thereof to be to the kynge, and the other halfe therof to the party that will sue therefore. And that the defendaunte in any suche action be not ad­mitted to wage his lawe, nor protection therin for him alowed.

¶An acte of proclamations to be made before exigentes be awarded in forraine countries. Cap. iiij.

THe kynge our soueraigne lorde, callynge to his moste gracious remembraunce, howe that before this time dyuers of his sub­iects of this his realme of England, haue bene greuously vexed and troubled by reason of outlawries had against them in for­raine counties and sondry action personelles, at the suite of dyuers maly­cious persons, whyche cruell mynde attempted suche actions personelles, more for malice than for any iuste cause of action that they had against the parties defendauntes named in the same. And of the which outlawries so had in forraine counties, the partye defendaunte, named in suche forrayne actions, had neuer knowledge ne monition, to such time as the outlawrye were agaynst them had and certified, and some of thē neuer came within the countye, where such actions were agaynste them sued, ne neuer were dwelling ne conuersaūt within the sayd county. Neuerthelesse the parties (so outlawed in forraine counties) haue loste their goodes and substaunce to theyr vtter vndoynge. Wherfore in auoydinge of suche malicious and forraine suites hereafter to be sued, the kinge our souereigne lord intending the restfulnes of his sayde subiectes, and that indifferente Iustice shoulde be admynistred to euerye person, as well to the poore as to the ryche, and that euery person should haue lawfull knowledge and monition of such ac­tions, as hereafter be, to be attempted and sued agaynste hym in any of the kinges courtes, by the assente of the lordes spyrytuall and temporall, and the Commons in this present Parlyamente assembled, and by auctorytye of the same, hath ordeined established and enacted, that from hencefoorthe at the same daye that any exigente is awarded or to be awarded agaynste anye person or persones in anye action personell, yf yt dooe appeare by the vsinge of the same action, that the partye defendaunt is dwellinge in ano­ther countye, than in the same countye where the same action is sued: that than the Iustices, before whom any such exigend is to be awarded, award one writ of proclamacion, to be direct to the sheriffe of the counti where it doth appeare by the vsing of such action, that the party defendaūt is dwel­ling, the which writ of proclamation shal contein theffect of the same acty­on. And that the sheriffe of the countye, to whome any suche wryt of pro­clamation shall bee dyrected, make proclamation .iij. seuerall dayes in hys plaine county, whereof one of the sayd proclamations to be made at the ge­nerall sessions in those parties, wher the sayd party is supposed to be dwel­linge, [Page] in that the partye defendaunt yelde him selfe to the sheriffe of the for­raine county, to whome any such exigende in any action personall shall be awarded, so that the sheriffe of suche forraine county may vppon hys yeal­dinge haue the body of the defendaunte before the Iustices, before whom any suche exigende is awarded at the day in the same exigende comprised, there to answere to the plaintife in the same according to ye law. And that euery such writte of proclamatiō haue the same day of returne, as the writ of the exigende vpon such forrayne actions so awarded shall haue: and that euery such writ of Proclamation be deliuered of recorde to the shyryffe or his deputye of the county, into the which any such writ of proclamation is to be awarded. And that the sheriffe of the same county duely execute the same, and therof make due retourn at the day in the same writ appointed vpon peine to forfaite such amerciament, as by the Iustices, before whom such action is vsed, shalbe sessed. And that the felissour or exigēter, in whose office such sute is taken, make out the sayde writ and writs of proclamaci­on, as after shalbe awarded in any of the sayde courtes. And that the same felissour or exigenter take no more for the makinge of any such writ of pro­clamation and the enteringe of the same record, but only sixe pence.

And if any outlawry hereafter he had or promulged against any person or persons, in any action personall in a forraine county, and no writ of pro­clamation, as is before sayde awarded, retourned: that than all and euery such outlarie to be vtterly voide and of no force ne effect in the lawe.

And this acte to beginne and take effect at the feaste of the Purificatiō of our Lady sainct Mary next cōminge, and not before.

And also be it enacted by the sayde auctoritye, that in all actions hereaf­ter to be taken in London, or in ye county of Midd. wherin processe of out­larye lieth agaynste any person or persons, callinge or naminge theym late of London, that before the exigende be awarded in the same action, that ye partye plaintife or his attourney, after the .iij. capias retourned, sue a lyke wryt of proclamation, in maner & fourme as is afore specified in the coun­ty, where the same person or persons so sued or to be sued, be conuersaūt or dwelling at the time of the sayd wryt awarded, or els all outlawrys so had made pronounced or retourned against all suche persons, to be voyde & of none effect. And this acte to endure to the next parliament.

¶An acte reapeallinge penalties for geuinge of wages to labourers and artificers. Cap. v.

PRaien the commons in this present parliament assembled, that wherfor defaut & lacke of due executiō of the statute labourers because of a statute and ordinance had and made in ye .xij. yeare of the reigne of kynge Richarde the seconde, that geueth penal­tyes, peynes and forfaytures agaynst the Mayster and geuer, as well as agaynste Seruauntes, Labourers, Artificers, and craftismen, so that the [Page] maister and giuer for feare therof, dare not put the said estatute and other estatutes therof made in executiō: wherfore by ye kinge our soueraigne lord and by thassent of the lordes spirituall and temporall, and the commons in this present parliament assembled, and by auctority of the same, be it esta­blished and enacted, that all penaltyes, peynes, and forfaitures conteyned in the sayd estatute, and in all other estatutes had & made concerninge ser­uauntes labourers of husbandry, labourers, artificers, and craftesmen, be onely to and against the sayde maister and geuer for henceforth voide & of none effect. And this acte to endure to the next parliament.

¶An acte cōcerninge customers and comptrollers for sealinge of cloth of golde and siluer, & all other silkes, Cap. vj.

WHere at a parliament holden in the .xij. yere of ye reygne of king Edwarde ye .iiij. amōges other it was ordeined established and enacted, that the collectours of the sub­sidye and the comptrollers. should at all times be redye whā thei should be required, to seale any maner of cloth of golde, of siluer, baudekin, veluet, damaske, saten, sar­senet, Cartron, Chamlette, and euerye other clothe of silke, and euery corse of sylke and golde, and euery corse of sylke of the ma­kinge beyonde the sea, and the same marchaundises shoulde seale at euery time whan they should be required without delay, taryinge, or any thynge for their sealinge to take by any meane, vpon the peyne of forfayture to the owner of suche marchaundises xx.s. by euerye of the sayde collectours and comptrollers at euery time whan they refuse to seale any such marchandi­ses after suche requeste made, or take any thynge for sealynge of any suche marchandises, as by the same acte amonges other thynges more playnely appeareth. Sithen the makynge of whiche acte the sayde collectours and comptrollers, and their clerkes, not fearinge the penaltye limitted in the same acte, haue vsed and dayly vse to take for sealinge of euery peece of the same marchaundises, aboue rehersed .ii.d. to the greate hurte and damage of the marchauntes owners of the same. For the same marchantes at ma­ny times bringe & conueighe in one shippe .iii. or .iiii. M. peeces of the same marchaundyses, whyche amounteth to .xxx. or .xl.li. after the rate of ii.d. a peece. And for as muche as the foresayde penaltye, expressed in the sayde statute, is but .xx.s. therefore the sayde collectours, cōptrollers, nor theyr clerkes feare not to runne in ieoperdy of the same: wherfore be it ordeined and enacted by the kynge our soueraigne lorde, the lordes spirituall & tem­porall, and the commons in this present parliamente assembled, and by the auctority of the same, that from henceforthe the collectours and comptrol­lers of the sayd subsidy, nor their clerkes, nor any of them, take for the sea­lyng of any peece of the said marchandises (aboue rehersed) any thing, vpō peine of forfaiture at euery time .xx.li.

[Page]And also be it enacted by the same auctoritye, that if and as often as the same collectours and comptrollers, or any of them, vnreasonablye delay or tary the sayd marchaūtes, or any of them, for and about the sealinge of the same marchandises: that than and as often the same collectours and comp­trollers, and euery of thē, so vnreasonably delaying and taryinge the same marchantes, or any of them, to forfait for the same .xl.s. The one moite of euery of the sayd penalties (so forfaited) to bee to the kynge our soueraigne lorde, and the other moity thereof to the marchaunte so greeued, that will sue for the same by way of information in the kinges eschequer, or by actiō or byll of debte after the order of the common lawe, as in other actions of debt is vsed: in whyche action the defendant shal not be admitted to wage his lawe, nor protection, nor essoyne to be to him allowed in the same suite, for the said forfaiture.

¶An acte concerninge peuterers and true weightes and beames Cap. vij.

FOr asmuche as a certaine acte was made and estably­shed, in the parliament holden at Westminster the .xix. yere of the reigne of the late most famous king youre father Henry the .vij. whom god pardon, concernynge peauterets, and brasiers, hauking and walkinge about the countreis, and also concerning false beames, scales and weightes, with a prouision for casting of fine met­tall and of perfit goodnesse: Whiche acte was made to endure to the next Parliamente, the tenour whereof hereafter ensueth: That where manye simple and euill disposed persons of this your realme of England (vsynge the sayde craftes) dayelye goe aboute this your realme from village, from towne, and from house to house, as well in woddes and forestes, as other places, to bye peauter and brasse, and that knowynge, theues and other pickets, that steale as well peuter and brasse, belongynge to youre hygh­nes, and vnder youre marke, and to the lordes spirituall and temporall, as to your subiectes of this your realme, bringe such stolen vessels vnto them in such hid places to sell, and sell it for litle or nought, and about they bring it to priuye places, or into corners of cities or townes, and there sell muche part of it to straūgers, the which cary it ouer the sea by stelth. Also the sayd persons (so goinge aboute) and diuers other vsinge the sayde craftes, vse to make newe vessels, and mixe good mettall and bad together, and make it nought, and sell it for good stuffe, where in deed the stuffe and mettal ther­of is not worth the fourth party that is solde for, to the great hurt, disceipte and losse of your subiectes. Also dyuers persons, vsynge the sayde craftes, haue disceyuable and vntrue beames and scales, that one of theym wyll stande euen wyth .xij.li. weyghte at the one ende, agaynste a quarter of a pounde at the other ende, to the synguler aduauntage of them selfe, and to [Page] the great disceite and losse of your subiectes, biers and sellers wyth them. For reformacion of the premisses it woulde please your highnes of your most aboundant grace, with thaduise of your lords spyrituall and tempo­rall & the cōmons in this presente parliamente assembled, & by auctoritye of the same, to enacte and establishe, that no person nor persons, vsyng the sayde craftes of peauterers and brasiers, from henceforth shall sell or chaunge any peauter or brasse, newe or olde, at any place or places within this your realme, but onely in open fayres or markettes, or in theyr owne dwellinge houses, but if they be desyred by the sand biers of such wares, v­pon payne of forfaytuee to our souereigne lord the king for euery such de­fault x.li. Also by the same auctoritie it may be enacted and established, that no person nor persons, of what cōdicion or degree soeuer he or they be from henceforth within the citie of London and Yorke, or wythout either caste or woorke any pewter vessels or brasse at any place or places within this your realme, but that it be as good fine metall, as is the peauter and brasse caste and wrought after the perfect goodnes of the same, wythin ye cittie of London, & by the statutes of the same owe to be, vpō peine of for­faiture of all such peauter and brasse, so cast & wroughte of worse peauter or brasse than ought to be wrought in the same cities: the one halfe of eue­ry such forfaiture to be to the vse of your highnes, and the other halfe to ye vse of the finders thereof.

Prouided alway yt this forfaiture in no wise stretch ne extend to brasse or peauter, being in the possession of any person, other than the workers of the same, or such as haue the same to sell, and beinge of the craftes or my­sterie. Also that it may by the same auctoritie be enacted and established, that no maner of person or persons, of what degree or condicion soeuer he or they be, from hēceforth make no hollow wares of peauter, that is to say saltes and pottes, that is made of peauter called laye mettall, but that it may be after thassise of peauter laie mettal wrought wythin ye citie of Lō ­don. And that ye makers of such wares shall marke the same wyth seueral markes of theyr owne, to the entent that the makers of such wares shall auow the same wares by them (as is abouesayd) to be wrought. And that al and euery such wares, not sufficiētly made and wrought, and not mar­ked in forme abouesayd foundē in the possession of ye same maker or seller to be forfayted: and if the same ware be solde, the sayd maker to forfait the value of the same so vnlawfully wrought and sould, the one halfe of ye said wares, or the value thereof, to be the vse of your highnes, and the other halfe to be to the vse of the finder or serchers of the same. Also that it may by the sayd auctority be enacted and establyshed, that if any person or per­sons hereafter, vsyng bying and selling of peauter or brasse, that hereafter occupy any disceiuable or false beames or weightes of the said wares, that euery suche person or persons, vsynge or occupyinge suche dysceyuable and vntrue beames or weyghtes, to forfaite .xx.s. the one half to the kynge, and the other halfe to the partye that therefore shall sue by action [Page] of det: and that in the said action no protection nor essoyne shalbe allowed. And also the sayde party so offendings, shall forfaite his beame to him that shall cease it: and if the sayd offender or offenders be not sufficiente to pay the sayde somme or sommes by theym so forfayted, that then it shall bee lawfull to the Mayres, bayliffes, or other heade officers of suche place or places, where any such offenders shalbe found to put them in the stockes, and them so to kepe till ye next market day next adioyning, & in ye market place to put them in the pillorie all the market time. And furthermore that it be lawfull by the sayd auctority, that the maister & wardeins of ye sayde craft of peuterers wtin euery citie and borough of this realme, where such wardeins are, and where no such wardens are, the head officers or gouer­nours of ye same citie or borough, to appoint certeyne persons most expert in knowledge of ye same, to make serch within ye sayd citties or boroughes where they dwell. And ouer this ye Iustices of peace within euery shyre at the generall sessions holden at Mighelmas, shal assigne and appoint two certaine persons, hauing experiēce therin, to make serch in the premisses in euery part of that shire, as well within the fraūches as without, sauing in cities or borowes, wher serchers be appointed by the heds or gouernours of the same. And that all such vnlawfull peauter or brasse, as the sayd sear­chers shall find, the one halfe to the vse of your grace, and the other half to the said serchers. And that in the defaute of the said maisters & wardeins of the sayd occupacions, not serching informe as is aforesayd, and wherby that any such vnlawfull mettels is caste or made, or vnlawfull weightes vsed: that then it shalbe lawfull to any person or persons, hauing sufficient cunninge & knowledge in the said occupacions, by ouersight of the maire bayliffes, or heade officers of the sayde citties, boroughes and townes, to search al the sayd places, and to put sayd auctoritie and acte in executiō in forme aforesayd. Pleaseth it therfore your grace and wysedomes, in so much as the sayd acte is thought good and profitable, that it be ordeyned enacted and established, by the lordes spyrituall and temporall, and the commons in this presente parliamente assembled, and by the auctority of the same, that ye sayd act may endure for euer. And ouer that be it enacted by the sayde auctority, that if any vntrue or deceyuable mettell or worke­manship of Tinne or peauter, be founden either in platters, chargers, dis­shes, saucers, potengers, trenchers, basins, flagons, bottels, pottes, salte­sels, goblettes, spones, cruettes, or candelstickes, or any other suche wares of tinne or peauter, wheresoeuer it be cast, made, or wroughte wythin this realme or wythout, and brought to be sould within the same realme: that than it shal be lawful to the mayre of the cittie of London, and the maister and wardēs of the craft of peauterers (of the sayd city for the time being) and theyr deputies, to haue serch of the same wythin the cittie of London, and the suburbes of the same. And that in all other citties, boroughes, and townes, where any wardeins bee or shall bee, the Mayres, baylif­fes, or heade officers, and wardeynes to haue like aucthoritie. And [Page] where no wardeins be, than the head officers or gouernours of the same citties, boroughes, and townes to appoint certaine persons most experte & cunning in knowledge of the same, to make serch wythin the sayd cities, boroughes and townes where they dwell. And if any such new wares wrought of tinne and peauter, as is aforesayd, be found defectise, & beinge in the possession of the sellar, that then same person or person that put­teth any such newe wares of peauter to sale, shall forfaite the same wares, the one halfe to the vse of our soueraigne lord the king, and the other halfe to the serchers or finders of the same.

Prouided alway that this act concerning the forfayture be not preiudi­ciall nor hurtfull to any person or persons, hauing graūt of our soueraigne lord the kinge, or of any of his noble progenitours by his letters patents of such forfayture, but that they and euery of them shal & may enioy the same according to theyr former grauntes and libertyes.

An act concerning Richard Strode. Cap. viii.

LAmentably complayneth & sheweth vnto your most dis­crete wysedomes in this present parliamēt assembled, Ri­charde Strode gentleman of the county of Deuonshyre, one of the burgeis of this honourable house, for ye burghe of Plimton in the countie aforesayd, yt where ye said Richard condescended and greed wt other of this house, to put forth certeine villes in this present parliament against certaine persons, named tinners in the countie aforesaid, for the reformacion of ye perishing, hurting, and destroying of diuers portes, hauens, and creekes, and other villes for ye cōmon weale of the sayd countie, the which here in this high court of par­liament should and ought to be commended and treated of.

And for because the said Richard is a tinner, for the causes and matters afore rehersed, one Iohn Furse tinner, vnderstewarde of the Steimerie in the sayd countie, in and at foure courtes of the sayd Steimerie at diuers places and times before him seuerally holden in the sayde county, he and o­ther haue condempned the sayd Richarde in the somme of clx.li. That is to wete at euery court day xl.li. and that by the procurement of the said Iohn Furse, at the sayde foure seuerall courtes and lawdayes, in the sayd Stey­merie by him holden, in this maner published and sayde, that the same Ri­chard at the last parliament holden at Westminster, woulde auoyded and vtterly destroyed all liberties, priuiledges, & fraūches concerning the Stei­merie: by reason whereof the sayde Richarde, vppon foure billes had and made therof by the sayd Iohn Furse and other, caused yt the sayd Richard was presented & founden giltie of the premisses in euery of the sayde cour­tes in xl.li. to be loste and forfaite by him, by reason of an acte and ordi­naunce by tinners made and had at a place in the sayde countie called Crokerentor: the tenour of the which acte appeareth in Cedule to this bill [Page] annexed: to the which the sayd Richarde was neuer warned nor called to make answere to the premisses, contrary to al lawes, right reason, & good conscience. And for the executiō of the same, one Iohn Agwilliam vpon a surmise by him made to the kinges highnes to the sayd condempnaciō to be to his grace forfaite, therof attainted a bill assigned of xx.li. percel of the sayd clx.li. to be to him graunted by the sayd kyngs highnes: whereupon ye sayd Iohn Agwilliam and other caused the sayd Richard was takē & im­prysoned in a dongeon and a deepe pitte vnder the ground in the castel of Lidford in the sayde county, and there & els where remayned by the space of thre weekes & more, vnto such time he was deliuered by a writ of priui­ledge out of ye kings eschequere at Westminster, for that hee was one of ye collectours in the sayd countie for the fyrst of the two quindeims graūted at and in this present parliamente: the which prison is one of the most an­noious, cōtagious, & dtetestable places wythin this realme: so that by rea­son of the same imprysonment he was put in great parell & ieoperdy of his life, and the sayd Richard so being in pryson, and the said Iohn Agwilliam seing the same cruell imprysonment of the sayd Richard, entreated and in­stantly desyred one Philip Furse) thā being keper of the said pryson) strait­ly to kepe the said Richard in pryson, & to put yrons vpon him to his more greater payne & ieoperdy, and to giue him but breade and water onely, to thentent to cause the sayd Richard to be faine to content & pay him the said xx.li. And for the same promised ye sayd keeper foure markes of money: for the which foure markes the sayd Rychard for to be eased of his yrons and peyneful imprysonment aforesayd (for sauegarde of his life) promised and graūted to pay the sayd keeper foure marke: wherof he payed the sayd ke­per in hand xiii.s.iiii d. And ouer that the sayd Richarde for to be eased of his sayd paynefull imprysonment, was also of necessity driuen to be boun­den to Thomas Denis, deputy vnto sir Henry Marney knighte, warden of the said Steimerie, in an obligation of the somme of C.li. Vpon cōdiciō whereof party is as hereafter followeth: that is to saye, that if the aboue bounden Richard Strode, defende and saue harmeles the sayde Thomas Denis, and to vse himselfe as true prysoner, duringe the tyme it shall please the kyng to haue him prysoner in the castel of Lidforde, and also to do no­thing, wherby he shall in the law be deemed out of prison, & other articles comprised in the sayd cōdicion, the which the sayd Richard perfectly remē ­breth not: wherfore the premisses by your great wysedomes tenderly cōsi­dred, the said Richard humbly prayeth, that it may be ordeyned, established and enacted, by the kynge our soueraigne lorde, and by the lords spyrituall and temporal, and the commons in this present parliament assembled, and by auctority of the same, that the said condemnacion and condemnaciōs of the said clx.li. and euery parcell thereof, and iudgementes and executiōs had or to be had for the premisses or any of them, to be vtterly voyd against the said Richard and of none effect.

And ouer that be it enacted by the said auctoritie, that all suites, accuse­ments, [Page] condemnacions, executions, fines, amercementes, punishmentes, corrections, grauntes, charges, and imposicions put or had, or hereafter to be put or had vnto or vpon the sayd Richard, and to euery other of the per­son or persons afore specifyed, that now be of this present parliament, or yt of any parliament hereafter shalbe, for any bill, speaking, reasoning, or de­claring of any matter or matters, concerning the parliament to be cōmu­ned and treated of, be vtterly voyde and of none effect.

And ouer that be it enacted by the sayd auctority, that if ye sayd Richard Strode, or any of all the sayd other person or persons, hereafter be vexed, troubled, or otherwyse charged for any causes, as is aforesayd, that thā he or they and euery of them so vexed or troubled, of and for the same, to haue action vpon the case agaynst euery such person or personnes, so vexinge or troubling any contrary to this ordinaunce and prouision, in the which a­ction the party greeued shall recouer treble damages and costes. And that no perotection, essoyne, nor wager of law in the sayd action in any wyse be admitted nor receyued.

BE it enquyred for our soueraigne lord the king, that where as at the parliament holden at Crokerētor, before Thomas De­nis, deputie to syr Henry Marney knight, wardē of the Stei­merie, the xiiij. day of September, the secōd yere of the reigne of king Henry the viii. It was ordeyned established and enac­ted, that (from the day aforesayd) it shalbe lawfull for euery man to digge tinne within the county of Deuonshyre, in all places where as tinne may be founden. And also to carie the water to theyr workes without any let or trouble of any person or persons, according to our vsages & confirmaciōs of our charter, & according to our custome out of minde. And if any persō or personnes let, trouble, or vexe any man to digge tinne, or to cary water for the same, contrary to our olde custome and vsage, and if it be founden by verdite of xii. men at the law day, he that so letteth, vexeth, or troubleth any such person or personnes, shall fall in the penaltie of xl.li. as oft as he so vexeth or troubleth: the one halfe to my lord Prince, and the other halfe to him yt was so letted, vexed, or troubled. And a Fieri facias to be awarded, as well for my lord prince as for ye party, if one Richard Strode of Plim­ton tinner, at the parliamēt holden at Westminster the fourth day of Fe­bruary last past, letted, vexed, and troubled one William Rede the yonger, and Elis Elforde tinner, and al other tinners in the same parliamente for digging of tinne in the seuerall soyle of the sayd Richard and other persōs contrary to this our acte made.

God saue the king.

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