All the statutes of the Stannary. 1562. HEre followeth the Confirmation of the Charter, pertaining to all the tinners within the county of devonshire, with their Statutes also made at Crockerentor by the hole assent and consent of all the said tinners, In the year of the reign of our sovereign Lord king Henry the eight. The. two. year. HEnry by the grace of god king of England and France, lord of Ireland, To all and singular to whom these present letters shall come greeting. We understand by the letters patents of the late sovereign lord Edward the fourth king of England, a confirmation was made by these words. ¶ Edward by the grace of god king of England, and France, lord of Ireland, To all to whom these presents shall come greeting. We understand by these letters patents of the sovereign lord Edward the third, late king of England our progenitor made in these words. ¶ Edward by the grace of god king of England and France, lord of Ireland, To all to whom these present letters shall come greeting. We understand by our letter late caused to be made under our seal at our returning into England by these words. ¶ Edward by the grace of god king of England lord of Irland and Duke of Aquitaine. To all archbishops, bishops, abbots, priors, earls, barons, Justices, shyrifes, governors, and ministers, and to all bailiffs, and other his faithful greeting. We understand by a writing confirmed, which lord Edward late king of England our father caused to be made to the tynworkers of the county of devonshire, in these words. ¶ Edward by the grace of god king of England and France, lord of Irlande and Duke of Aquitaine, to all archbishops, bishops, abbots, priors, Earls, barons, justices, sheriffs, governors, ministers, and to all bailiffs and other his faithful greeting. We understand by writing, which the lord Edward of noble memory, sometime king of England our father, made to the Tinworkers of the county of Devonshire, in these words. ¶ Edward by the grace of god king of England, lord of Ireland, and Duke of Aquitaine. To all archebyshophes, bishops, abbots, prioures, earls, barons, justices, governors, ministers, and to all bailiffs and other his faithful, greeting. ¶ Of the Charter. SCiatis nos ad emendationem Stannariorum nostrorum in Com̄. Devon, et ad tranquillitatem, et utilitatem Stannatorum nostrorum eorundem concessisse pro nobis et heredibus nostris quam omnes Stannatores predicti operantes in stannariis illis que sunt dominica nostra dum operantur in eisdem Stannariis sint liberi et quieti de placitis nativorum et de omnibus placitis et querelis curiam nostram et heredum nostrorum qualitercumque tangentibus. Ita quod non respondeant coram aliquibus iusticiariis vel ministris nostris seu heredum nostrorum de aliquo placito seu querela infra predicta Stamnaria emargente, nisi coram custod nostro Stannariorum nostrorum predictorum qui pro tempore fuerit exceptis placitis terre & vite et membrorum nec recedant ab operationibus suis per summonicionem alicuius ministrorum nostrorum seu heredum nostrorum nisi per summonicionem dicti custodis nostri. Et quam quieti sint de omnibus tallagiis theoloniis stallagiis auxiliis et aliis custumis quibuscumque in villis portubus feriis et marcatis infra Com̄ predictum, de bonis suis propriis. Concessimus etiam eisdem stamnatoribus quam fodere possint stannum & turbas ad stannum fodendū ubique in terris moris et vastis nostris et aliorum quoruncumque in Com̄ predicto, et aquas & cursus aquarum ad operationes Stānariorū predictorum divertere, ubi et quociens opus fuerit et emere buscam ad funturā Stamni sicut antiquitus fieri consuevit sine impedimento nostri vell heredum nostrorum. Episcopum abbatum priorum comitum baronun ceu aliorum quorumcumque, et quam custos noster predictus vel eius locum tenens teneat omnia placita inter Stannatores predictos emergencia et etiam inter ipsos & alios forinsecos de omnibus transgressionibus querelis et contractibus factis in locis in quibus operantur infra stannaria predicta similiter emergentia et quam idem custos habeat plenam potestatem Stannatoribus predictis, & aliis forinsecis in huiusmodi placitis iusticiandi, et justitiam faciendi prout justum et hactenus in stannariis illis fuerit usitatum. Et si qui Stannatorum predittorum in aliquo de liquerint per quod incarcerari debeant per custodem predictum arestentur et in prisona nostra de Lidforde et non alibi custodiantur & detineantur quousque secundum legem et consuetudinem regni nostri de liberentur. Et si aliqui Stannatorum predictorum super aliquo facto infra Com̄ predictum, non tangente stannaria predicta, se posuerint in inquisitionem patrie, una medietas iuratorum inquisitionis huiusmodi, sit de stamnatoribus predictis & alia medietas de forinsecis. Et de facto totaliter tangente Stannaria predicta, fiant inquisitiones sicut hactenus fieri consueverunt et si quis eorundem Stannatorum laxatiuus fuerit vel utlagatus vel aliquod delictum fecerit pro quo catalla sua amittere debꝪ. catalla illa per custodem predictum et coronatorem nostrum Com̄ predicti apprecientur, & per ipsos prorimis villatis liberentur ad repondendum inde nobis et heredibus nostris coram iusticiariis itenerantibus in come predicto, Volumus insuper et firmiter precipimus quam to tum Stannum tam album quam nigrum ubicumque inventum et operatum fuerit in Comitatu predicio ponderetur apud Cavistocke Asperton vel Chaggforde per pondera nostra ad hoc ordinata & signata sub forisfactura stanni predicti et quod totum illud Stannum coignetur in eisdem villis singulis annis coram custode predicto ante diem sancti Michaelis in mense septembris sub forum concessimus etiam pro nobis et heredibus nostris quod omnes stamnatores nostri predicti totum stannum suum sic pond ratulicite vendere possiut cuicumque volverint in villis predictis faciendo nobis et heredibus nostris coignagium, et alias consuetudines debitas & usitatas nisi nos et he reeds nostri Stannum illud emere voluerimus. Quare volumus et firmiter precipimus pro nobis et heredibus nostris quam Stannatores nostri predicti habeant omnes libertates & liberas consuetudines et quietancias suprascriptas et quam eye sine occasiōe vel impedimento nostri vel heredun nostrorum Justiciariorun. Escaetorun vicecomitum aut aliorum balliuorum seu ministrorum nostrorum quoruncunque racionabiliter gaudeant et utantur in forma predicta hiis testibus venerabilibus patribus W. Cou●n̄ et Lich felden. S. Sarum et I karlion Epreis Henrico de lacer Comite Lincolū Radul de monte Hermeri Comite Gloucester et Herford, Humfred de Bohun Comite Hereford et essex adomaro de valencia. Hugone le despenser. Johen de hastings et aliis. Datum per manum nostram apud Westmonasterium de cimo die April, Anno regui nostri tricesimo tertio. Nes autem concessiones predictas ratas & gratas habentes, easdem pro nobis et heredibus nostris quantum in nobis est concedimus et confirmamus, sicut carta predicta rationabiliter testatur, hiis testibus venerabilibus. w. Archiepiscopo Eborum Anglie primate. w. Wigorum episco. Cancellario nostro, Gilberto de clare comite Glocestrie & Herefordie, Johamne de Warenna comite Surre, Roberto de Clifforde Pagano Tibetoti, Roberto filio pagani senescallo hospicii nostri et aliis. Datum per manu nostram apud Eborum quarto decimo die Augusti, anno regni nostri quarto. Nos autem concessiones predictas ratas et gratas habentes easdem ꝓ nobis et heredibus nostris quantum in nobis est predictis stamnatoribus concedimus et confirmamus sicut carta nostra pndicta rationabiliter testater Propterea volentes eisdem Sannatoribus graciam facere uberiorem in hac part concedimus eye pronobis et heredibus nostris quod ipsidun operantur in Stannariis illis quieti sint de muragiis stallagiis taxationibʒ et contributionibus quibuscumque de propriis bonis suis in Com̄. predicto hiis testibus veneralibus patribʒ. w. Archiepiscopo Eborum Anglie primate. I. Elien episcopo Cancellario nostro, H. Lincoln epis. The saurario nostro. Thoma Comite Norfolk, et Marescallo Anglie Auunclo nostro car. Jo hanne de warenna comite Surre. et Thoma Wake, Johanne de Boos. Senescallo hospitii mostri & aliis, Datum per manum nostrum apud Stanhope sexto die Augusti. Anno regni nostri Primo. ¶ Nos autem tenore Carte nostre sub sigillo quo nunc utimur in Anglia tenore presentium duximus exemplificandum. In cuius rei testimonium has litteras nostras fieri fecimus patentes, Teste me ipso apud Langle duodecimo die Nouembris, anno regni nostri Anglie decimo septimo regni vero nostri Frauncie quarto. Nos autem litteras predictas ac omnia et singula in eisdem contentarata et grata habentes, easdem ꝓ nobis et heredibʒ nostris quantum in nobis est acceptamus et approbamus ac nunc Stannatoribus stannariorum predictorum et eorum successoribʒ ratificamus et confirmamus prout littere predicte rationabiliter testantur. In cuius rei testimonium has litteras nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium vicesimo septimo die Novem. anno regni nostri primo. ¶ Nos autem cartas et litteras predictas ac omnia et singula in eisdem contenta rata et grata habentes, easdem pro nobis et heredibus nostris quantum in nobis est acceptamus et approbamus ac dilectis nobis nunc Stannatoribus Stannariorun predictorum et eorum successoribus tenore presentium ratificamus et confirmamus prout cart et littere supradicte rationabiliter testantur, In cuius rei testimonium has litteras nostras fieri fecimus patentes. Teste me ipso apud West monasterium duodecimo die Februarii. Anno regni nostri Tercio. ¶ Pro quatuor marcis solut in Hanaperio. devon, Magna Curia domini regis Ducatus sui Cornubie tenta apud Crockerentorre in comitatu Devon, coram Thoma Deneys armigero, locum tenente Henrici Merney militis Custod, Stannarie domini regis in Comitatu Deuonie Vicesimo quarto die mensis Septembris, Anno regni Regis Henrici octavi Secundo. ¶ The names of the Jurates. xxiiii. Jurats in the stannary court of Chaggeforde. John Wolcot of chudlegh John Brabon Thomas Staplehyll William Rise John Wyddon Robart Foxforde Robart Wanell William Fu●selande Robart Windeyate richard Wratt John Nucombe. Jun, William Nose worthy Thomas miller William Caselegh William Fursse William D●nbolde Alexander W●kes Thomas Bat 〈…〉 ill Thomas Tomlyn John Aysshe richard Crote William Mowry Galfridus Loskey John Smyth corser xxiiii. Jurats of the stannary court of Aysberton. ¶ richard Hamlyn John Vele John Bonycombe John Maddocke William miller John Baron William King of Hole John Eyre Richard Langworthy Thomas Mathue John Eexte of Brenston Richard Foxforde richard Baker John Wydecombe Richard Harte William Wydecombe John cliff William Edward John Saunder Thomas Gaverocke Mychell Sperkewyll John Baker Robart Tomlyn William Berde. xxiiii. Jurats of the stannary court of Plymton. ¶ William at Hele. William Reed John Bear Nycolas Brugge Robarte Batyn Nycolas Combe John Heed Water Adam William Odymer John Peake at Helena William Tyllam William Ford William Brusey John Elberton. Roger Eggecombe William Chreston Jurdan Brugge Elias Elforde Androw Wattis Robart ham John Scobell Richard Rose Richard Pomery William Wyett xxiiii. Jurats in the stamnaries court of Tavstock. Steven Toker Richard Langesforde John Chreston John Leywod John Glubbe John Horewyll. John Cholwyll John Gye John Peke of Way Thomas Ford John Draper Thomas Adam. William Soped John Hyllan William gill John Eston Robert Borne Robert Heyne Henry Humphrey Roger Langesforde William Stephen John Tanner Henry Haly John Harte. ¶ The Statutes. THat every chosen, sworn and tried by the assent and consent of all the Stanners in the county aforesaid, Enact, ordain, and constitute, that every statute of the Stamners afore this time than made to be void, broken, and of none efecte, and those done a new to be in this court affirmed as hereafter followeth. first be it affirmed and enacted at this present court, that all manner of pleas be pledeable in the Tin court, and all manner of matters, before the Warden or his deputy or Steward for the time being, except iii that is to say, plea concerning land, life, and maim, as it is expressed in our Charter. ¶ And also be it enacted, that no deliverance nor wythername be delivered by the Warden, under warden, or steward, to any person or persons for any Tyn, nor for any matter touching Tin or tinworks. ¶ Also be it affirmed and enacted, that it shallbe lawful for every man to dig tin in every place within the county of Devonshire, where as Tyn may be found, and also to carry water to their works, without any let or trouble of any person or persons, according to the old usage and confirmation of our Charter, and according to our custom out of time that no mind is hath been used. And if any person or persons, let, trouble, or vex any man, to dig Tyn, or to carry water for the same, contrary to our custom and usage, if it be found by verdict of xii men at the law day. He that so letteth, vexeth, or troubleth any such person or persons, shall fall in the penalty of xl li. as oft as he so letteth, vexeth, or troubleth, the one half thereof to my Lord Prince, and the other half to him that was so letted, vexed, or troubled, and a Fieri facias to be warded as well for my Lord Prince, as for the party. ¶ Also be it affirmed and enacted, that all Tyn gathered, washed, and made clean within the jurisdiction of the said Stannarie, be fined and made white Tin, before the feast of Michaelmas, and so brought to the coinage, and there coined before the same feast, upon pain of forfeiture of the same tin to my lord Prince, and every person that so coineth white tin, shall pay for the coinage of every. C. of Tyn so coined xviii d. ob. quam. and also yearly at michaelmas viii d. called white rent. ¶ Also be it affirmed and enacted, that no action from henceforth shallbe sued nor taken against any spalyar, for working in any tynneworke, but against him or them that claimeth the free hold. ¶ Also be it affirmed and enacted, that if any person or persons being tinners, voluntarily appear before any man (except it be before the Warden or his deputy, for any matter determinable afore the said warden) if it be found by verdict of xii men at the lawday, that then he to make fine with the warden or his deputy after his or their discretion. And if it be found by verdict of xii. men, at the suit of the party, than he shall lose ten li. the one half to my lord Prince, and the other half to him that will sue it, and a Fieri facias to be awarded as well for my lord Prince, as for the party. ¶ Also be it affirmed and enacted, that from henceforth no tynner sue none other tinner, for any tin or tinworks, but only in the tin court. And also that not inner sue none other tinner for any other cause (except i'll concerning land, life, & mayhim) but in the ti● court, the court of Lidforde, or else in the court of whom he holdeth, after the custom and manner, upon pain of a reasonable fine to be ceased by the warden or his deputy, if it be found by verdict of xii men at the law court. And if it be found by verdict of xii men at the suit of him that was so sued, he shall fall in the penalty of ten li. the one half to my lord Prince, and the other half to him that was so sued, and a Fieri facias, to be awarded as well for my lord Prince as for the party. ¶ Also be it affirmed & enacted, that no tinner nor spalier fet any warrant, nor supersedias of peace against any tinner or spaliar, but only with the warden or his deputy: And if it be found by verdict of xii men at a laweday, he shall make fine with the warden or his deputy. and if it be found by verdict of xii men, at the suit of the party, he shall lose. C. ●. The one half to my lord Prince, and the other half to him that was so grieved, and a Fieri facias to be awarded, as well for my lord Prince, as for the party. ¶ Also be it affirmed and enacted, that if any person or persons enter into any tin work with force, or so take away any tin out of any tin work, if it be found by verdict of xii men at a law-day for my lord Prince, he shallbe committed to Lydford, and there to remain till he make fine with the warden or his deputy: and if the said entry or taking away of tin be found by verdict of xii men, before the warden his deputy, or his steward, at the suit of the party that is so deceased, or hath his tin so taken away, he that so entereth or taketh away any such tin, shall fall in the penalty of xl. li. the one half to my lord Prince, & the other half to the party that is so grieved, and a Fieri facias to be awarded, as well for my lord Prince as for the party. ¶ Also be it affirmed and enacted, that no person ne persons being tinners, shall not be returned in any Jurye for the king, nor between party in no court of the stannary, but only in the court where he dwelleth. ¶ Also be it affirmed and enacted, that if any person or persons give or promise any tinwork or part of any tinwork that is in variance or debate between party and party to any gentleman or other person, to have lordship or maintenance for the same, the said work or part of the said work so given or promised, shall remain to the elder owners, and he that so giveth or promiseth, and he that so taketh, if it be found at a law court by verdict of xii men, they both shall make fine with the warden or his deputy, and if it be found by verdict of xii m●n at the suit of the party, in an action of meintenaunce, every of them shall fall in the penlltie of twenty li. The one half to my lord Prince, and the other half to him that will sue, and a Fieri facias to be awarded as well for my lord Prince as for the party. ¶ Also be it affirmed and enacted, that no person or persons make no synder tin after it is watered, be it alaide with other tin or not, or make any hard Tin without it be marked with this letter. H. upon pain of forfeiture of the same tin, the one half to my lord Prince, and the other half to him that so findeth it. ¶ Also be it enacted that the owners of every blowing house shall enter their house, mark of his house, at the law court next after such a house is made, in the steward's books, and also every man that bloweth & coineth white tin, shall enter his hot mark in the stewards books before he coin his tin, upon pain of for fayture of the same tin that is so coined. ¶ Also be it enacted, that no tin be not retained with no person or persons, by sign, badge, token, liverey, promise, or otherwise: but such as be manuel servants, and other as the law doth permit, but only with my lord Prince, the warden or his deputy, or with such as my said lord Prince shall assign, upon pain of for faiture to every man for every month so retained xl s. if it be found by verdict of xii men, or otherwise by due examination, or by sufficient proofs had before the said warden or his deputy. ¶ Also be it enacted, that if any merchant or other person buy any tin, and afterward the said ti● be found not merchantable, that then if he that bought the said tin come to the court and bring the said tin or part thereof and the owners mark, & the house mark not melted nor broken, that then the said tin shallbe melted openly in the court: and if there be any cinder tin therein or not marchauntable, that then the owner of the said tin and he that blue the said tin, by the oversight of the warden, his deputy or steward, shall recompense the said merchant for his costs and charges, & also to for faith the same tin to my lord Prince, and to make fine with the warden or his deputy for the same. And if the said tin be found good and merchantable before the said warden or his deputy, than the said merchant shall fall in the penalty of a. C. s. half to my Lord Prince, and the other half to him that is so grieved, and a Fieri facias to be awarded ut supra. ¶ Also be it enacted and ordained, that where as divers owners be in one work partners, and if any of them will defraud his partners, and so suffereth the said work to be a lay, and by covenant between a stranger and him, suffereth the said stranger to pitch the said work, or else is awarned of the said pitch of the said work, & doth not his partner or partnars to ware of the said pitch, and so defraudeth his partners, that then he that so defraudeth his party shall lose his part of the said work to his fellows, and he that so pitcheth and he that so defraudeth, every of them shall fall in the penalty of twenty li. the one half to my lord Prince, and the other half to them that were so defrauded, if it be found by verdict of xii men at the suit of the party, that was so defrauded, and a Fieri facias to be awarded as well for my lord Prince as for the party. ¶ Also be it enacted and ordained, that if any spaliers that hath the keeping of any man's work, and suffereth the said work to be alaye, by covenant between him and a stranger, and causeth the said stranger to pitch the said work & so defraudeth him and his partners that took him the work to keep, that then he that so pitcheth shall lose his pitch, and he that so defrauded, & he that so pitched, every of them shall lose ten li. the one half to my lord Prince, & the other half to the party, if it be found by verdict of xii men, at the suit of the party, and a Fieri facias to be awarded as well for my Lord Prince as for the party. ¶ Also be it affirmed and enacted, that a Nichil shallbe returned as it hath been used, and the bailie be duly examined in the court, that the defendant may not be attached, and that the said defendant hath no goods ne cattle whereby he may be attached. ¶ Also be it enacted and ordained, that all bargains and sales hereafter to be made by any person or persons being within the age of xvi years, to any person or persons, to be void and of none effect. ¶ Also be it enacted & ordained, that if any man or woman die seized of any tinworks, their heir or heirs being within the age of xvi years, that then he or she that is next of kin, to whom the right of the said work shall not descend, or such as his father or mother putteth in trust shall have the rule of the said tinworks, and to yield account to the said heir or heirs, when he or they cometh to the age of xvi years, and to have reasonable for his costs and charges. ¶ Also be it enacted and ordained, that from henceforth all manner of bargains and sale made of all tinworks, whereof any man is seized of, as in the right of his wife continue no longer but during the coverture, and after the said coverture determined, all such bargains and sales to be utterly void and of none effect, and that it shallbe lawful to every such wife or their heirs to enter into the 〈…〉 〈…〉 so holden by their said husebande● 〈…〉 of the penalty of any statute, and 〈…〉 or claim further therefore to be made. 〈…〉 enacted and ordained, that from hence 〈…〉 nor warning made by any person or persons to any person or persons being within the age of xvi. years, of any tynneworke or tinworks, be in any wise to them prejudicial, but utterly to be void and of none effect, except it be given in open court, to his garden in the behalf of the said enfante, and thereupon the said garden to make defence lawful without covin, fraud or colour, so that the possession of the said enfant be not los●, nor revouered in the default of the said garden upon pain of for fayture of twenty li. if it be found against the garden, by verdict of xii men, at the suit of the party, and thereupon all such recovers to be void and of none effect. ¶ Also be it enacted and ordained, that if any person or persons being tinners or Spaliers, refuse to pay or hereafter refuse to pay any part of such some or sums of money as is or hereafter shallbe cessed upon any of them by the ordinance and assent of four substantial Customers of every of the four courts, chosen and appointed by the warden or his deputy, for the ceasing of the same, for the confirmation of our charter, and for such other charges & business as hath be done, or here after shallbe done for the wealth of the Stannary, shall fall in the penalty of a. C. s. if it be found by verdict of xii men at the law day, or otherwise by sufficient proofs had before the Warden or his deputy, the one half to my lord Prince, and the other half to them that shallbe so assigned by the said warden or his deputy for the levying of the said money so ceased, to the use of the hole body of the stamnary, & a Fieri facias to be awarded. ¶ Also be it enacted and ordained, that no person ne persons make no wash but he warn his partners that have borne the charge with him of the working of the Tin, and none other, upon pain of for fayture of ten li. the one half to my lord Prince, and the other half to his partners that have borne the charge with him, if it be found by verdict of xii men, at the suit of the party grieved, and a Fieri facias to be awarded as well for my lord Prince as for the party. ¶ Also be it enacted and ordained, that if any person or persons being leased of any tinwork, or part of any work now at this court holden at Crockerentory, & so seized, hereafter peaceably continue ii Mighelmas washes without claim made in open court to the same and entered into a book that shall hereafter remain in the said court of record, where as the said tinwork lieth in, he or they that so have continued peaceably any such work or works, shall have the said work or part of the work to him and to their heirs in fee, according to the custom of the stannary. Provided always that this act extend not nor be prejudicial to any woman covert, infant, within the age of. ●vi. year, men out of the realm, and men being in prison, having no space nor liberty to make his claim, nor to the heirs of any lunatic man. ¶ Also be it enacted and ordained, that if any action of trespass be brought by any tynner for any trespass done in his ground, and then the defendant cometh into the court and saith that the place where as the trespass is supposed is his freehold, and prayeth to be dismissed for as much as it is concerning land, that then the steward shall give day at the next court to bring in his deed, whereby the freehold may appear in him, and then he to be dismissed, and if not, he to make answer to the trespass at his peril. ¶ Also be it enacted and ordained, as it hath been used in times passed, that iii manner of gifts of tinworks to be good, that is to say, by Testament, letter of Attorney, and hand livery. ¶ Also be it ordained, where as a man hath divers tin works, and will departed from them by hand livery, or otherwise, by letter of attorney, it requireth livery to pass in every work. ¶ Also be it enacted and ordained, that if any person or persons sell and deliver any white Tyn or it be coined, whereby my lord Prince shall lose his coinage, he shall forfeit the said tin to my lord Prince, and to make fine for his untrue demeanour. ¶ Also be it enacted & ordained, that if any man coin any other man's tin in his own name, the same tin shallbe forfeit to my lord Prince, and he that so coined it to make fine for his untrue demeaning. ¶ Also be it enacted and ordained, that where as divers partners be in one work, it shallbe lawful for every of them to work in his own part, without any let or danger to his fellows, and that his fellows to take no tin at wash, but for as much as they have wrought, or as they have laid spale for. ¶ Also be it enacted and ordained, that if any tynner be wronged, that then he to complain to the Steward at the court, and if they will not do him Justice, but be parshial, than he to complain to the under warden and if he will do him no Justice, that then he to complain to the chief warden, and if he do no justice, that then he to complain to my lord Prince's counsel at his liberty, and if any tynner do contrary to this act, he shall fall in the penalty of twenty li. the one half to my lord Prince, and the other half to him that he complaineth upon, if it be found by verdict of xii men, at a law day. ¶ Also be it enacted and ordained that if any shireffe escheator, bailie arrant, or any other person arrest, trouble, or vex any tinner going to his work, being in his work, or coming from his work, as it is expressed in our charter, except it be by the commandment of the warden, his deputy, or steward, that then he shall fa● in the penalty of twenty li. half to my lord Prince and the other half to him that was so grieved, and a Fieri facias to be awarded if it be found by verdict of xii men. ¶ Also be it enacted & ordained, that where as in times passed, all tinners have been custom-free of all manner of Tollage, Toll, Stallage aid, and all other manner of customs, in towns, Ports, Feres, and markets, of their own proper goods, as it is expressed in our said Charter, and that if any customer, controller, mayour bailiff, waterbailife, steward of franchise, or any other person take any money of any tynner for any of the articles above rehearsed, except it be the kings custom, if it be found by verdict of xii men, at the law day, he shall make fine with the warden, or his deputy, and if it be found by verdict of xii men at the suit of the party, he shall lose ten pound, the one half to my lord Prince, and the other half to him that was so grieved, and a Fieri facias to be warded as well for my lord Prince as for the party. ¶ Also be it enacted that no man being a tynner, at the suit of any man shall not apere nor pass in any assizes, neither Nisi prius against no tinner or tinners for working or digging for tin in any man's freehold, according to the custom of the stannary, upon pain of forfeiture of twenty li. the one half to my lord prince, & the other half to the profit, use, & behalf of the Stanuary, if it be found by verdict of xii men at the laweday. ¶ Also be it enacted, that it shallbe lawful from henceforth to every learned man to plead in every of the. ●iii. tin courts, so that they plead there in english, and he that doth the contrary, his ple to be void & no more to be admitted to plead any ple in any of the said courts ¶ Also be it ordained that a Scire facias shallbe awarded upon every statute where the party is put to his action. IN the high court of our sovereign lord the king, in his duchy of Cornwall, holden at Crockerentory in the county aforesaid, before Philip Champernon knight, in the stead of Henry Marquis of Exester, warden of the tinners under our sovereign the king, in the foresaid county of Devonshire, the xxviii day of October, in the xxiiii year of the reign of king Henry the viii The names of the xii Jurates. xxiiii. Jurats in the stannary court of Chaggeforde. John Southcote William Burgrn John Atyshyll Richard Wanell Philip Furse John Newcombe xxiiii. Jurats in the stannary court of Ayssheberton. John Vele William Smyth Robert Hamlen John Ferres William miller John Horsehame William Noseworthy John Shere of Bon●hill Godfrey Los●ey William Knapman William Hore John ●ndecote John Grace John roe of Beridon Thomas Elberde John Maior John Bowdom of doccombe Thomas Hereys John French Harry Erose's John yoldon of midilcote William Benet William Coming John Langworthy xxiiii. Jurats in the stannary court of Plimton. richard Chalons John Mason richard Willing John Foot Thomas Berman William Brende Nycolas Leteltor Nicolas Thorninge Baldewine Helena John Hutchyn William Clarke Harry Caunterell John Langworthy of bokeland Thomas philip richard Coyshe richard King Walterus row Nycolas Brende John Pethybrygge John Wydecombe William Baron William Elys Thomas Predyaux John voice richard tailor John Forforde John Maddock of Husshe Thomas ●amlyn Elyas Heart William Snowdon xxiiii. Jurats in the stannary court of Tavystocke. Thomas Cole Armiger. Robert Cruys Henry Langesford. John Heart John B 〈…〉 de●● Nycolas Lugger John Eston John Burneford John Chubbe of Hill John Atwyll John Horwyll of Lidford John Scotworthy Richard brown de Mevy Nicolas Compe Thomas Brownisdon Richard Abbot of Cadley John Pomery of Mewy John Baron of Heath Ri. fostered of Cornewode. william Chapel of Chapellegh John Head Thomas Ford of Brixton Thomas Richard Brownsdon. Thomas Toudon Henry Creyshe John Cole Philip Foot John Stephin of Gnathan Walter Burgh Wil Prior of Marytavy John Gee of Horrebrigge Richard Drak Walter Knyghton John Hope● of witchu●ch Stephyn Toker. ¶ That certain Jurates as is aforesaid, the elect, sworn, and tried men, with the assent & consent of all the tinners in the foresaid county of Devonshire, have enacted, affirmed, ordained and statute, and by these presents stablish, that as well all statutes now of late made as all other statutes here afore time there made & affirmed before these statutes doth at the last court, there they annihilate and set as void, other thereafter made to remain and stand in full strength and effect as afore more plainly appeareth. ¶ first be it affirmed and enacted, from henceforth by authority of this present court, that all tinners keep their tinworks as hereafter followeth, that is to say, yearly between the feast of saint Peter the advincula & the feast of saint Mighell th'archangel now next following, to renew or caused their hedweres Sydebondes waterlettes and tail of every tinwork, that now is or hereafter shallbe, and if there be any tinwork or tinworks, that hereafter be not kept according to this act, as is before rehearsed, it shall be leeful to every man to pitch them as works aleye, so that the pitcher which shall fortune to pitch any such tynneworke or tinworks, for default of renewing of them, as is above said, pitch the tinwork or tinworks before the feast of all saints next following after the said feast of saint Myghel, and also give warning to the owner or owners of the pitch of the said tynneworke or tinworks, before the said feast of all saints in the presence of iii or▪ 〈…〉 ne of the said warning, the said pitcher sh〈…〉 ak● the said owner or owners that he so warneth of the said pitch of his said Tynneworke or tinworks, by the arm, she wing to him with a loud voice, that he may hear him, the cause of his pitch, and the day when he pitched the said tinwork or tynneworkes, and also the said pitcher at the next Tin Court holden where such tynneworke lieth in, next after the said warning given to the said owner or owners, at the beginning of the said Court, shall cause the steward of the same court or his deputy for the time being to enter into his book that shall remain in the Court at all times of record the name of his pitch, that is to weet, his own name, and all his fellows names named to be pitchers of the said tynneworke, the tynneworkes name, the owner or owner's names that he so warned, and the day and place when he gave them such warning, and thereupon the said steward or his deputy for the time being in the same court, and in the other stannary courts next following, wherein the said tinwork sith not: when the Steward or his deputy shall think most people to be present, shall make proclamation of the said pitch, and warning of the said old owner or owners of the said tynneworke or tinworks, or else the said pitch to be void and of none effect, taking of the said pitch for his labour viii d. and then after the last proclamation of the said iiii. Courts, the said owner or owners of the said tinwork or tinworks shall have liberty by the space of three months, to prove his or their said tinwork or tinworks to be truly kept, according to this act, at the said tinworks head, that the said owner or owners, or one of their partners within the said iii months set one leeful day to the said pitch, when the said owner or owners or their kepr will prove his or their said tinwork or tinworks, and at that day so appointed by the said owner or owners, the said pitcher shall give attendance at the said tinwork, from the son rising till the going down of the son, to here when the said owner or owners, or kept according to this act, and if the said owner or owners of the said tinwork or tinworks nor their kept do not prove his or their said tinwork kept according to this act, within the said three months, and at the day by him or them to the pitcher so appointed (if the said pitcher be there ready to here their prove) as is above said, that then the said pitcher to have the said tinwork to him and to his heirs for ever, according to the custom of the stannary. ¶ And it is further enacted & ordained, that if the said pitcher at the said day appointed by the said owner or owners, to prove their said tinwork or tinworks do worn or let the said owner or owners or their keeper to prove their said tinwork or tinworks, or absent himself, and will not here their prove as is above specified, that then the said owner or owners shall come to the next tincourt holden, where their tinneworke so pitched lieth in and enter their sarmise of the letting of their prove, against the said pitcher, whereupon a scire facias shallbe awarded against the said pitcher to appear at the next court, and at the next court or at such court when the scire facias shallbe returned, sued by the bailiff of the same court, or by any other person by the steward authorized for the same, that if the said pitcher nor no person for him do not appear, that then the said owner or owners or their keeper, at the court shallbe admitted to prove their said tinwork or tinworks in the court, and the said pitcher shall lose his pitch and forfeit twenty li. The one half thereof to our sovereign lord the king, having no prince, & when god shall send us a prince to the lord prince, and the other half to the said owner or owners, and process for the levying thereof to be awarded as it hath been used upon other penalties, & if the said pitcher do appear upon the suing of the said scire facias, than the said pitcher shall have a day over to make answer to the said owner or owners to their bill of surmise till the next court, if he will pray the same, and at which court if the said pitcher can nothing say, but he pitched the said tinwork of the said owner or owners, and gave them or any of them warning according, which matter will appear of record in the stewards book, as is above specified, whereupon the said owner or owners set him a day of prove, as is above specified, that then if the said owner or owners bring into the court or the next court following four or .v. tinners, proving sufficiently that the said owner or owners or their keeper were at the day by them assigned to the said pitcher at the tinworks head, ready to prove their said tinwork leefully kept, according to this statute, & that the said pitcher warned him or them, or absent himself to the said owner or owners or their keeper could prove their said tinwork or tinworks, than the said owner or owners, or the keeper shallbe admitted to prove their said tinwork or tinworks in the same court by the steward, or his deputy for the time being, without delay, and there to recover their work, and the said pitcher shall fall in the penalty of twenty li. the half thereof to our sovereign lord the king, having no prince, and when god shall send us a Prince, then to the lord Prince, and the other half to the said owner or owners, and process for the leviing thereof to be awarded as it hath been used upon other penalties. ¶ Provided that if the said pitcher do leefully prove by iiii. or .v. tinners before the Steward or his deputy at the said court, that he shall have day over to emparal, that at the day of prove appointed by the same owner or owners, that he gave attendance to the hedweare of the said tinwork that he pitched, supposing to be the hedwere of the same tinwork that he pitched and the said owner or owners or their keeper come to another hedweare, which pertaineth to the same tinwork that the said pitcher pitched, and gave warning of that, that then the old owner or owners or their keeper shall prove their said tinwork or tinworks in the tincourte or at the next court there holden, and thereby the said pitcher to lose no penalty but only his pitch, and the said owner owners to recover but only the tinwork or tinworks. ¶ provided also that after such pitching and warning given of any tinwork or tinworks by any person or persons, that if the said pitcher be not known by the party that warned of a pitch, or else he aboyde the country, so that the said owner or owners of the said tinwork or tinworks can not come by him, to set him a day of proof of his said tinwork or tinworks by him so pitched, that then the said owner or owners shall enter or cause to be entered in the said tyncourt with in the said iii months next after the last proclamation of the said courts, that will prove their said tinwork or tinworks at a certain day by the owner or owners to be limited within the said iii months, that they or their keeper at their said works head and thereupon at the same court, and at the iii other stannary courts, where as the said tinwork lieth not, than next following the Steward shall cause the bailiff to make open proclamation of the day that the said owner or owners will prove their said tinwork or tinworks at their tinworks head, at which day if the said pitcher come not at their said tinworks head to have their prove as is above said, he shall lose his pitch, and the said owner or owners shall recover their said tinwork or tinworks, and the said pitcher to fall in the penalty of ten li. the one half thereof as is above specified, & for the same proclamations to be made the said owner or owners shall give the steward viii d ¶ And also be it affirmed & enacted, that the act made at Crockerentor aforesaid, the xxiiii day of September, in the second year of the reign of our sovereign lord king Henry the viii of and for the keeping of all tinworks within the said stannary, and every thing contained in the same act, be from henceforth utterly void and of none effect. ¶ Also that where out of time (that no mind is) it hath been used within all the stannary of devonshire, that every person working many stremeworkes should keep their gravel, robel, and sand, under the sword of grass and by force of the water to convey it to the great river because it should hurt no man's pasture nor quirte any tinwork. And now it is supposed by certain inhabitants of the haven towns of Dertmouth and Plymouth within the said county, that the said robel, gravel, and sands, decendeth by reason of the great floods to the said haven towns, whereby in continuance it should greatly hurt and quyrte the said havens, which god forbid. Wherefore be it enacted and ordained, by authority of this present court, that every person or persons that hereafter shall work in any st●emeworke, or cause any stremeworke to be wrought, that they and every of them convey and carry or cause to be conveyed and carried, the gravel, robell, sands, in old atches, tippettes, miry places, or other convenient places, from the said great rivers, so that the said gravel robel and sands, be not conveyed to the said havens of Dertmouth and Plymmouth, or any of them hereafter shallbe decayed or hurted upon pain of such fine and fines, as hereafter shallbe by the lord warden or his deputy, sessed or set upon every person or persons, for every default so offending contrary to the provision of this statute, to the use of our sovereign lord the king. etc. if any such default be found by verdict of xii men at the laweday, at any of the said four stannary courts. ¶ Provided always that no person or persons convey or bring their gravel, robel, or sands into any hatches ties, or waterlettes of any tinwork, while the said tinwork is in working, and if any person or persons do, the party grieved shall have like remedy by action as it hath been heretofore ever used for the same offences this act not withstanding. ¶ Also be it enacted and affirmed, that every person or persons, that hereafter shall work in any hatch works, nigh the river of Dert, Tamer, or any other great river, that descendeth to the said havens of Dertmouth and Plymouth or any of them shall turn or cause to be turned their lake waters into their hatches that they have wrought, and thereon convey their gravel, robell, and sands from the great river, so that it be not conveyed to the said havens, or any of them, whereby the said havens or any of them hereafter, shallbe decayed or hurted, upon like pain as is next above specified. ¶ Also that where at the great court holden at Crock rentorre the xxiiii day of September, the ii year of the reign of our said sovereign lord king Henry the viii. that it was enacted and ordained, that if any person or persons being warned of the pitch of any tynneworke or tinworks, and did not prove their said tinwork or tinworks, within iii months next following, and after that, if the said owner or owners did sue, vex, or trouble the said pitcher after the said iii months, or enter into the said tinwork, should fall in the penalty of twenty li. if it were found by verdict of xii▪ men at the suit of the party, by force of which statute many and divers subtle persons have craftily pitched divers tinworks, & have given crafty warn of their pitch to the owners of the said tinworks, which warning the said owners have not perceived nor hard and sometime the said owner or owners have continued daily working in the said tinworks, at the time of the said warning, and so till after the said iii months expired and sometimes the said pitches after they have given such warning of the pitch of their said tinwork to the said owner or owners have absent themselves, so that the said owner or owners could not meet with them to set a day to prove their said tinworks, within the said iii months, according to an other statute thereof made and provided, so after the said iii months were expired, the said owner or owners had no remedy to sue the said pitcher for their leeful remedy but they should fall in the penalty above specified, whereby the said owners have lost many of their tinworks, and also forfeited the said penalties in the same statute above specified, to their utter undoing. ¶ Wherefore be it enacted & ordained by virtue of this great court, that the said act made in the ii year of our sovereign lord the king, & every thing in the same act contained be fromhenseforth utterly void & of none effect. ¶ Also be it affirmed & enacted, that fromhenseforth no bailiffs of the stannary shall take of any person or persons, that hereafter shallbe arrested upon any nichil, or for surety of peace, above vi d. and that the keeper of Lidforde nor his deputy shall take of any person or persons that hereafter shallbe arrested upon a nichil, or for surety of peace any fees unless the parties so arrested be brought to the prison of Lydford, & that the keeper shall take of every such prisoner for his fees but ii s. vi. d. & for his meat and drink according to the old custom heretofore used, upon pain of twenty s. for every time that the said keeper or bailiff doth contrary to this statute, if it be found at the law-day in any of the said four stannary courts, the one half to our sovereign lord the king, and the other half to the party grieved. ¶ Also be it affirmed & enacted, that no bailiff ne bailiffs bring no person ne persons to the prison of Lydforde that hereafter shallbe arrested by a nichil, except it be upon an execution of a condemnation: if the person or persons that so shallbe arrested, find or bring to the said bailiff or bailiffs sure & sufficient sureties to answer the party plaintiff at the next court after the said arrest, upon pain of twenty s. for every time so offending the one half thereof to our sovereign lord the king, and the other half to the party grieved if it be found by ●●●dite of xii. men at a law-day in any of the four stannary courts. ¶ Also be it affirmed & enacted, that the steward or his deputy for the time being, shall take for the crowning of any person, not above ii s. & the bathe for his return of the jury for the same, not above vi d. upon pain of every such default xx. s. the one half. etc. ¶ Also be it affirmed and enacted, that no person ne persons from henceforth be admitted to any essoin upon any issue to be tried after xii men have appeared, & that it shallbe leeful to the party plaintiff or plaintiffs upon every issue to be tried after the jury returned, one time to be assoyned, according to our old custom, & in likewise the defendante or defendants, so the said essoin be laid before xii men have appeared. etc. ¶ Also be it affirmed and enacted, that every Tinner or tinners within the said stannary shall make or cause to be made before the said feast of saint Mighell the archangel next coming their hedweares and tails, like a broad hooked arrow in all dry tinworks, and half hooks in all tynneworkes adjoining to any river, upon pain of a reasonable fine to be ceased by the lord warden or his deputy, if it be found by verdict of xii men at a law day in any of the said four stannary courts. Finis secundi libri. IN the high court of our sovereign lord the King in his Duchery of Cornewal, holden at Crockerentor, in the county aforesaid before philipp Champernon Knight, in the stead of Henry Marquis of Excester, warden of the tinners under our sovereign the king in the foresaid county of Devonshire, the xxv day of September, the xxv. year of the reign of king Henry the viii The names of the Jurates. xxiiii. Jurats in the stannary court of Chaggoforde. John Batishyll William Noseworthy John Newecombe William Hore Godfrey Loskey William Rugge John Shire John Endecote Thomas Ilbert John Frey of Manaton John Parr of Heanocke William voice John French John Langworthy of Hattishil John row of Berydon Thomas Caselegh John Coysshe Richard Abraham John windyate of Grendom Alexander Drayton James Benet Simon Taverner richard Crote John Glanfylde xxiiii. Jurats in the stannary court of Aissheberton Thomas Predyaux William Coward John Bery signior John Veal John voice Robert Hamlyn Richard Taylor John Maddok of blakeal Thomas Hamlyn John Dolbeare Ri. langworthy of lesewel John Horsham Jo. langworthy of Bukland William Smith Jo. widecombe of bukeland William Bovicombe John Stiddeston Thomas Wood Thomas philipp Richard Quoysshe William Leer John Dybell Harry Paty Robert Hanworthy xxiiii. Jurats in the stannary court of Plimton. ¶ Richard Chalons Nicolas Thorney John Mason Thomas Ford John Luscombe Walter Stondon John Foot Richard Abbot William chapel Water Elforde John Browne John Med of Shitstor John Head Edmond Lange John Meyeow Andrew Walker William Towsen John Stert Harry Canterell William Martin Thomas Brounsdon John Bacer Roger Bond William Bendr xxiiii. Jurats in the stannary court of Tavstock ¶ Roger Langysforde John Cole of Peterstau● Richard Dark John Atwyll John Stutworthy Harry Ceres Water Borrow John Redeclyffe John Wyllyam's John Brounsdon John Wattes John Gie of Horebrng Ralph Eston Roger Pagge Roger Gyll John ●at●oke Water Langisford Water Knygton Marten Edward John Hopar John Goding sen●. Water Gladfylde William prior Thomas Stondon. ¶ That certain Jurates, as is aforesaid, the elect sworn and tried men with the assent & consent of all the tinners in the foresaid county of Devonshire, have enacted, affirmed, ordained & statute, and by these presents stablish that as well all statutes now of late made, as all other statutes hereafore time there made & affirmed before these statutes doth at the last court there they adnichylate and set as void, other there after made to remain and stand in full strength & effect as more plainly appeareth. WHere before this time diverse & many tinners in the said county of Devonshire have given away all their tinworks, some of them to their children and some of them to other persons of their kin and friends, & some of them have suffered recoveres to be had against them to that intent they would be from henceforth reputed & taken as no tinners, by mean whereof they have by that covin and craft, discharged themself as well of their appearance in the stannary courts, as also of all other contributions and charges which by reason of the said tinworks ought to support and bear with other tinners, according to the old custom of the said stannary: and yet that not withstanding the said givers and other persons against whom such recovers were had of the said tinworks, have all times after such gifts and recovers had and made taken thereof the issues and profits to their own use. ¶ Wherefore be it affirmed and enacted from henceforth, by authority of this present court, that as well all such person or persons that before this or now be seized or that hereafter shall be seized of and in any tinwork or part of any tinwork, be it of a state in fee simple, fee-tail, or for term of life or lives, that have made or hereafter shall make any gift or lease of all his or their whole tinwork or tinworks to any of their said children, or to any other person or persons to his or their use, or have or hereafter shall suffer any such recovers to their use, or to the use of the said givers hereafter do of the said tinwork or tinworks, or of any part of them take any issues and profits or any other annuel rend & profit, by any such colour to his own use, from henceforth to be reputed & taken for tinners, as though no such gift, recovery, or lease had be made, and to bear their contributions & charges amongst other tinners of the said stannary, according to the old custom of the same & if any surmise or complaint be made to the lord warden of the said stannary for the time being or to his deputy or steward of the same stannary other knowledge be had or ministered to the officers of any such person or people that so doth take the issues & profits of any such tinwork or tinworks or part thereof, or thereof hath the use, and denieth him to be taken & reputed as a tinner that then the said lord warden, his deputy, or steward of the said stannary courts, shall have authority to ward a precept of scire facias against the party, upon whom any such surmise, complaint or other knowledge shallbe had or made, commanding him by the same to appear at the next tincourt, wherein the party than shall dwell, before the lord warden, his deputy or steward, then to be holden, at which day if he do appear in the one ti●coure, the troth thereof to be tried by the other, or other of the said person or persons that shallbe called in by the said scire facias, whether he or they so called do take the issues and profits of the same tinneworke or tinworks or any other person or persons to his or their use, or of any part of them, or else that any other person or persons do thereof stand and be seized to his or their use, and if the said party after he is returned warned, do make defaute, that then his or their default i● the same Court to be recorded, and 〈…〉 that, the same same party or parties shallbe still accepted & taken for a tinner or tinners, till any such person or persons will of his or their own free-will come into the said court & discharge themself by his or their oaths, in form aforesaid, and if any person from henceforth after any such oath made, do again accept and take any issues & profits of any such tinwork or tinworks, then upon due information, proof, or knowledge had to the said officers in form afore said, in any court of the stannary, within the jurisdiction whereof any such tinworks lie or shallbe, that they or any of them doth or so shall take any issues & profit, that like process be eftsoon made against the said parties and like order and oath to be had in form afore said. ¶ Provided always that if it happen any such tinner or tinners, which hath or will give away his or their said tinwork or tinworks, & saith or deposeth that he or they taketh no profit to his or their own use, nor that any other person or persons standeth seized to his or their use, and be & will be reputed and taken as no tinner nor tinners, as before is mentioned that then it shallbe leeful to all other tinners to sue & be at liberty against any such person or persons that so denieth to be a tinner or tinners, in form aforesaid, in any other place out of the four stannary courts, unto such time that all such person or persons which so denieth to be tinner or tinners, in form aforesaid, happen to be a tinner again, and also enter his or their name or names into the stewards rolls or book of record in the same stannary court where as any such person than shall happen to dwell, and at the same tin court to cause the steward or his deputy for the time being to proclaim him or them as a tinner or tinners again, any such custom or statute made, used, or provided to the contrary in any wise, not withstanding. ¶ Also be it affirmed and enacted, that no person ne persons from henceforth take away any tin gathered in any tinwork, where so ever it be be found from the owner or owners or other occupiers of the said tinwork or tinworks, which have borne or hereafter shall bear the costs & charge for the gathering and working of the same, but the said person or persons so claiming the said tin or tinwork, may leefully cause the said owner or owners, or occupier or occupiers to be attached by the said tin so gathered, where so ever it be found upon a plaint by the said claim to be affirmed against the said person or persons that so hath gathered the said tin in the same stannary court, wherein the said tinwork or tinworks, & the same tin so to be gathered lieth or shall lie, and thereupon the said owner or owners or other occupier or occupiers of the same tinwork or tinworks, that be so attached by their said tin, shall find sufficient sureties to the bailiff or his deputy, by whom the sa●de attachment shallbe so made, or by his deputy or any other, by the steward of the same court being limited where as the said tin is gathered, according to the law and custom of the said stannary, to answer the said claimer at the next tin court holden, next after the said attachement so had and made, within the which court where as the said tinwork or tinworks so in variance lieth or shall lie, and after the said surety found, the said tinner so attached to be delivered to the said person or persons so attached. And if any person or persons from henceforth with force or otherwise take a way any tin so gathered, & hath borne no charges for the working thereof, as is abou● 〈…〉▪ 〈…〉▪ that th●● the said person or persons so taking away the said tin after due profession of the party or parties so offending before the said lord warden, his deputy or Steward, he or they so offending shall be committed to the prison of Lydforde, and there to remain till he make fine with the lord warden or his deputy or steward, and the said taking away of any such tin be found, as before is expressed by verdict of xii men at any law court there holden after, at the suit or complaint of the party grieved, than he that so taketh away any such tin shall fall in the penalty of xl li. the half there of to our sovereign lord the king or Prince, when it shall please god to send us a Prince, and the other to the party so grieved, and for execution thereof a prcepte of a Fiery facias to be awarded, as well for our sovereign lord the king or the Prince, as for the party complainaunte and grieved. ¶ Provided always that if there be from henceforth any action commenced against any person or persons by virtue of this present act and statute, that then the defendant or defendants to have one court day over to imparle, to make his or their answer. And if the said defendant and defendants will pitch to have it, and there at the next court after to make him or them answer at his or their peril with out delay. ¶ Also be it affirmed and enacted, that if any person or persons be taken by his body at the suit of any party, upon any plaint or plaints commenced in any of the said four stannary courts, and the said party at whose suit he or they which shall be so taken and imprisoned at Lidford, be after ward none suit in his or their said action or actions, that then the said party or parties so being nonsutie in his or their said action or actions, shall yield and pay such costs and damages to the said person or persons so taken and imprisoned as shall be adjudged and deemed by the lord warden, his deputy or steward for the time being, and a fieri facias to be awarded for the levying of the same, to the use of the party so to be imprisoned upon a precept of return made by the bailiff at the day of return of the same, that the party so being nonsuited had no goods ne cattle where of he might or shall make execution by the said fieri facias, as that then a precept of a capias to be awarded by the court to attach the body of the said person so being nonsued, and the day of return, where if the same party by the said Capias be brought into the court, or other wise in proper person do appear, than he to pay the said costs and damages, or else to be committed to the prison of Lydforde, there to remain till he or they have paid it. ¶ Also be it affirmed and enacted, that if any person or persons from henceforth take away any black tin, or tinstones out of any tin work or any other place by night or by day, without he or they which taketh away any such tin or tinstones, do the owner or owners or his or their partners, or his or their workemanne which have borne the charges of the working of the same, being owners of the same tinwork to knowledge thereof, which have borne the costs and charges for the working of the same tin with him or them, or their spaliers of the same tinwork, which hereafter shall work and gather the same tin, that t●en he or they so offending, if it may be duly proved before the lord warden his deputy or steward for the time being, by examination in open court, or by way of action tried & condemned, or by presentment and verdict of xii men at the law court of the stannary, wherein the said tinwork lieth, that then the said offender or offenders by the said lord Warden his deputy, or steward to be committed to the prison of Lydforde: unless he or they so offending can find sufficient sureties to pay or recompense the party or parties grieved for his or their Tin so taken away, & also to make fine with the lord warden his deputy or Steward, for his or their untrue demeanour and offence whereof the one half shallbe to our sovereign lord the king or prince, & the other half to the use of the whole body of the stannary being Tinners. ¶ Also be it affirmed and enacted from henceforth that if any person or persons do make any unleeful labour to any inquest sworn in any of the iiii stannary courts, or do manasse or threaten them or any of them to pass with the one party or the other, or promise than any money or other reward, to give their verdict, that then the said person or persons so making the said unleeful labour, or manasing or threatening the said inquest, or promising them any money or reward unleefully for giving of their said verdict of xii men at the law-day by the great inquest, or by verdict of xii men at the suit of the party grieved, that then the said enbracers or offenders so offending, shallbe committed to the prison of Lidforde, there to remain unto such time that he or they so offending contrary to the provision of this statute, have made fine for the same with the lord warden or his deputy, or steward for the time being, and besides that, if it be found by verdict of xii men at the suit of the party grieved, by action of the same imbracery & 〈…〉 full labour, and that process of a capias for his body, or a Fieri facias for his goods to be awarded, at the election of the party that shallbe so grieved, as well for satisfaction of the king or Prince ●s for satisfaction of the same party grieved. ¶ Provided always that all such persons as be or hereafter shallbe parties to any action sued by them or any of them, or against them or any of them in any of the said stannary courts, whereupon the said parties be or shall be at issue, and all such other persons as then have any interest, right, or title to the thing in demand or variance, or their leeful solicitors may well and leefully labour the said inquests to appear & to give their verdict according to such evidence as shall be given unto them, according to their conscience & not otherwise. ¶ Also be it affirmed and enacted, that where as divers persons being owners and partners, or hereafter shall be owners & partners, which be now seized or hereafter shallbe seized jointly together, of and in any tinneworke or tinworks, and if the whole title of the same tinwork or tinworks be or shallbe in variance, & if any of the said owners and partners from henceforth do refuse to support and bear such manner of charges and expenses in the law, with his or their pateners of the same tinwork so in variance according to their portion and parts, as they & every of them have or hereafter shall have in the same tinwork or tinworks of for and about the suit and trial of the title of the same tinwork or tinworks so being in variance, or hereafter shallbe in variance, if he or they be required thereto by his partner or partners of the same tin work, that then he or they that so will refuse to bear and pay his or their part or parts, according to his or their portion or portions of the same tinwork indifferently charged to receive or take any profit of his or their part or parts of the same work so being in variance unto such time he or they have paid him or their said costs and charges for the harm to him or their said fellow now ●e●g or hereafter shallbe owner or owners, partner or partners with him or them of the same Tinwork or tinworks, which is or shallbe in variance, according to the old custom of the stannary. ¶ Also be it affirmed & enacted, that if any person or persons being now peaceably seized of and in any tinwork or part of any tinwork in the county of Devonshire at this present great court holden at Crockerentor, and so continued to Mighelmas coinage peaceably seized without claim or title made in open court, by any person or persons to the same, & entered in a book or roll that shall hereafter be appointed & remain in the said court of record, within the jurisdiction of which court the said tinwork is or lieth, he or they that so have continued peaceably their possession in any such tinwork or tinworks, shall have the said tinwork or part of the tinworks to them and to their heirs in fee forever, according to the custom of the stannary. ¶ Provided always that this act extend not nor be prejudicial to any woman count infant within the age of xvi years, any person being out of the realm, or being in prison or being lunatic or out of his mind, so that any of the said people, that is to say, that women covert, after the decease of their husband, within the space of ii years, & their heirs & the said people so imprisoned within the space of▪ two. years after they be at their liberty of their said imprisonment, and the said persons being out of this realm, and having no knowledge of this act within like space of ii years, or lacking knowledge thereof, within the space of one year after his or their coming into England, or any of the heirs of the said person or persons, after tyt●● to him or them given by the death of his or their ancestors within one year than next following, if any of the said persons before excepted die within the said two years do make their claim by action in any of the said stannary courts, whereas any of the said tinworks lie. ¶ Also for as much by occasion of evidence given by corrupt and untreve witness to inquests sworn within the four stannary courts between party & party, untrue verdites have be given to the great hurt and prejudice of many tinners, wherefore be it enacted & affirmed that from henceforth if any person or persons give any false evidence, and commit perjury in his evidence given in any of the said stannary court to inquest or inquests sworn between party & party, & if he or they that shall give any such false evidence and commit p 〈…〉 rye, be found coulpable and guilty by verdict of xii men at a law court in the same stannary court where as the same false evidence and perjury shallbe committed, that then he or they that so shall offend shallbe committed to the prison of Lidford, there to remain unto such time that he or they can find sufficient sureties to make fine with the lord warden his deputy or steward for the time, to the use of our sovereign lord the king, having no prince, and when it shall please god to send us a Prince to the lord Prince. ¶ Also be it affirmed & enacted that all statutes & a●tes made at this great present court before this time, & not annulled to stand in their full grength and force, & that a fieri facias shallbe awarded aswell upon every of the said statutes now standing in their force, as also upon all such statutes & acts as now be made at this present great court or parliament holden and kept at Crockerentor aforesaid. Finis. The confirmation of the Charter in English with the Statutes made in the sixth year of the reign of king Edward the vi ¶ Here followeth the confirmation of the Charter pertaining to all the Tinners within the county of Devonshire with their statutes also made at Crockerentor, by the whole assent and consent of all the said tinners, in the year of the reign of our sovereign lord king Henry the viii the ii year. HEnry by the grace of god king of England and France, lord of Ireland, To all and singular to whom these presents letters shall come greeting. We understand by the letters patents of the late sovereign lord Edward the fourth king of England a Confirmation made by these words. ¶ Edward by the grace of god king of England and France, lord of Ireland, To all to whom these presents shall come greeting. We understand by these letters patents of the sovereign lord Edward the iii late king of England our progenitor made in these words ¶ Edward by the grace of god king of England and France, and lord of Ireland, To all to whom these present letters shall come greeting. We understand by our letter late caused to be made under our seal at our returning into England by these words. ¶ Edward by the grace of god king of England lord of Ireland, and Duke of Aquitaine, To all archbishops, bishops, abbots, priors, Earls, Barons, Justices, shereffes, governors, and ministers, and to all bailiffs and other his faithful greeting. We understand by a writing confirmed which lord Edward late king of England our father caused to be made to the tinworks of the county of Devon. in these words. ¶ Edward by the grace of god king of England and France, lord of Ireland, and Duke of Aquitaine, To all archbishops, bishops, abbots, priors, ●●ries Barons, Justices, sheriffs, governous, ministers, & to all bailiffs and other his faithful greeting. We understand by writing which the lord Edward of noble memory sometime king of England our father made to the tinworkers of the county of devonshire in these words. ¶ Edward by the grace of god king of England lord of Ireland, and Duke of Aquitaine. To all archbishops, bishops, abbots, priors, earls, barons, justices, governors, ministers, and to all bailiffs and other his faithful greeting. BE it known for the amendment of our ti●●iners within the county of Devone, and for the quietness & profit of the workmen thereof, to grant for us and our heirs, that all the miners afore said labouring in these mines which be of our dominion or patronage, so long as there work in those mines, that they be free and quite from all pleas quarelling touching our court or any of our heirs, in what manner so ever it be, so that they shall not be bound to apere before any Justice or minister of ours or of our heirs, for any plea or quarrel commenced within the said work of tinnage, but only before the warden of our mines aforesaid for the time being, except it be in plea of land, life, and limb, nor they shall not depart from their works by any summon of any officer of ours or of our successors, but only by the arrest of our said warden: and also that they be quite & free from Tallages, Stallages, with customs & such charges what so ever they be, within town, port, 〈…〉 e or market within the said county, of any goods they have. Also we grant unto the said miners for the digging of tin and for the finding thereof, that they may break any ground within any part of our open land, moor, or waste, or of any other man's, who so ever it be, within the county aforesaid. Also that they may change the course of waters and waters standing, for the furtherance of their works, when and as oft as it colbrand. Also to buy ambushment for the melting of the tin, according to the old custom, without impedy 〈…〉 either of us or of any of our successors, or yet of bishops, abbots, priors, earls, barons or any other who so ever they be. And that our foresaid warden or his vicegerent do keep & have before him all pleas that shall arise or may be entered betwixt any of the said miners amongst themselves or any other with them, he to have full power to give judgement, & decise the matter according to ancient custom, and if it chance any of the minours so to offend, that for the said offence our warden have arrested him & appoint him to prison, we will that he be in prison in Lydford & none other place, until he be discharged by process of the law of our Realm. And if it hap any of the miners aforesaid for any fact committed within the said county, not appertaining to the said miners, and putteth himself to the enquerie of the country: we will that the one half of the quest of inquiry be of the company of the miners, and the other half not of them but of foreigners in that work: & if any fact committed touching his or their mineworke, that then query be made wholly after the custom in the miners, & if it hap any of the said miners to be fugitive or else outlawed, or have done such offence, for the which he shall lose or 〈…〉 his cattle, the said cattle to be praised by the 〈…〉 ●●●den and ou● 〈…〉 within the said country, and so by him the party or parties brought forth to answer us or our heirs belore the justices appointed for the said count next assizes following. Moreover we will & straightly command that all miners of tin aswell wh●t as black, where so ever it be find or wrought within the said county be weighed at Tavestocke, Ayss 〈…〉, ●● Chagforde, by our weights ordained & sealed for that purpose, under the forfeiture of the said tin, & that all the tin be coined or receive coining in the foresaid towns yearly before our said warden, & before the feast of saint Mighell in September in the market place. And we grant for us & for our heirs, that all tin reyners which hath so lawfully wried their tin may 〈…〉 the same to whom so ever it shall chance after coinage with other customs due & usual in the said towns for us & our successors, if we mid not to buy the said tin our seifes ¶ Wherefore we will and command for us & for our heirs, that our miners aforesaid have and mioye all their liberties and free customs prescribed, and this to have without any let or impediment of us our heirs, or any officer under us, what so ever they be, these being witnesses of our will. W. bishop coventry and Litchefield S. bishop of Salisbury, I. bishop of Kerl●l, Henry La●y Earl of Lincole, Ralph of mount Hermor, Earl of Gloucester, Humphrey of Behem Earl of Essere Adomere devalentia, Hugh Spensar, Jo. hastings and other, Dated by our hand at Westminster the. r. of Aprell, the xxxiii year of our reign. We grant & confirm for us & for our heirs so much as in our power is, that all these confessions and liberties be ratified and had free as our foresaid charter reasonable witnesseth these honourable being present record, W. bishop of york primate of England, W. bishop of worce●er our 〈…〉, Gilbert clare. ●ar●e of Glow 〈…〉. & Hardford, I. 〈…〉 Earl of Surrey, Rob●rt Clifforde pagan tybot, Ro. Pagare Senescallo, husher of our household with other dated by our hand at York, the xiiii day of August in the four year of our reign. ¶ We by the same do ratify these grants for us & for our heirs as much as our authority will unto the said miners confirmed as our Charter reasonable beareth record. Therefore we willing to show the more favour unto the said miners, do grant for us and our heirs that the same miners so long as they be under labour in the mines, be quit free and clearly discharged from all tallages, tasks, contributions and other such payments in their goods within the county afore said, witnesses W. archbishop of york, primate of England, I. bishop of Ely our chancellor, H. bishop of Lincoln our treasurer, the Earl of Norfolk & marshal of England, our uncle, Jo. Warrenna Earl of Surrey and the wake, Jo. Bays usher of our household, with other dated by our hand at Stanhope, the vi of August, the first year of our reign. ¶ We by the tenor of our charter under our seal which we now use, and having willed by these present to be enlarged. In witness whereof we caused this letter patents to be made myself, bearing witness at Langley, the. ●vii. year of our reign of England, and of our reign of France the four year. We do allow and appro●● the said letters patents, and ratify all things in th' 〈…〉 confirmed, for us for our heirs, to the behoof of the said miners, as our letters aforesaid, sufficiently witness, and for further confirmation we caused this letters patents to be made, witnessing myself at westminster the xxvii day of November, in the first year of our r●●gne. When & where we confirmed, allowed, and ratified all things in the said letters comprised by our whole power and authority for us and for our heirs, in friendship of our labourers in the mines aforesaid, as our charter and letters patents do record, and for certainty thereof we have caused these our letters to be made, witnessing myself at westminster the xii day of February, in the third year of our reign. The statutes of the stannary. Londini, Anno a Salutifero virginis partu. M. D. LII. devon Magna Curia Domini regis Ducatus sui Cornub. tenta apud Crockerentorre in cornit Deuon̄ predicto coram Johen Charles armigero locum tenente Johannis Comitis Bedford custod. Stannarij dicti domini Regis in predicto comit' Devon. vicesimo sexto die Martij. Anno regni Edwardi sexti, dei gratia Angliae, Francie, et hiberny Regis, fidei defensoris a● in terra Ecclesie Anglicane & Hibernice supremi capitis Sexto. The names of the Jurates. xxiiii Jurats of the stannary court of Chaggoforde. ¶ George Burgin Richard Waverell William knapman signior John Newcombe John Pyncent William knapman Juni. Harry Will. Robart Foxforde Augustus Noseworthy John waverel alias voisei John Estbroke alias▪ shylston John Martin Nicolas Cleyff Richard Loskey Andrew Smardon John Periman William Treud John Smyth John westcote William Aysshe John Ball John Coysshe Galfridus Christopher Pancaratius Shere xxiiii. Jurats of the stannary court of Plimpton. ¶ philipp Hawton Walter Elforde John Lu●combe John advent▪ xxiiii. Jurats of the stannary court of Aysheberton. ¶ William Burgyn Richard Langworthy Christofer Warrin Thomas hamlyn Richard tailor John Foxforde John Stydson John Horseham John Widecombe John Debyll John Seyger Laurence Withecombe William Hole Thomas Bickeforde James Maddicke Edward Hanworthy Walter Stephen Peter King Thomas Pers Richard Hamlyn William Wotton alias bile Quirinus Rouge William yolla●●e richard May● xxiiii. Jurats of the stannary court of Tavstock. ¶ Henry Lang●forde John Furlong of tamerton John Badge William Burges Thomas Ford Walter row John Worth philipp Ford William Hengston Mighell Edgecombe Hugh Crocker William Stiddeston Francis Chapel John Rosedewe Richard Brokyn Juni. Richard Holberton John wyndeal John Foster richard Abbot John Baker de Torre Henry Hanger John Elforde Richard Brokyn signior Robert wynston John Tucker randal Eston Robert Ebbisworthy John Peterfielde Thomas Alwyll Roger Gyll Henry wylley Richard Lansford de bratton William Geye John broverdson de surton John Fotte Junio● John Tal●ot de walk 〈…〉 John Hanworthy John horewill de lid●ord● John Sleman John Row de cholewill John Wattes de Bear John Richard Nicolas Lugger Junior John Fot signior de bucland▪ QVi quidem iurati sic ut prefert electi iurati & triat● ex assensu & consensu omnium Stannatorum in predicto comit' Devon, enactant affirmant ordinant statuunt & per presentes stabiliunt quod tam omnia statuta nunc de novo facta, quam omnia alia statuta ante he tempora ibidem facta et affi●mata, preter illa statuta qu● nunc in ista curia & in alijs curijs ibidem antea tentis adnihilantur & evacuamtur, omnino imposterum permaneant in vigoribus suis et effectis ut plenius inferius patebit▪ WHere much hard and evil Tin hath been here to fore sundry times made coined within the stannary of Devon without the letter H. set upon the same, notwithstanding the statute thereof provided not only to the great slander of the stannary, but also to the great loss and hindrance of merchants and other persons that have bought and occupied the same, which is manifestly known to rise and grow by crafty & subtle blowing of cinder tin with Pite and Colom without the which kind of blowing of cinder tin, no hard or evil tin can be made, nor the owners thereof might have of such cinder but little or no fruit of advantage. ¶ For redress and reformation whereof be it affirmed enacted and ordained, at this present court, that all tin hereafter blown, or to be blown, upon the float after the customable course and manner of blowing of black Tyn being not mixed with hard tin, be alway reputed and taken to all intendmentes for good & pure tin. And that all tin hereafter blown or to be blown, with a pite or a short float, after the customable course and manner of blowing of cinder tin, whether it be mixed with other tin or not, be alway reputed & taken to all intendmentes for hard tin, and that the letter H. be set upon the same before it be coined, upon pain of for faiture of the same to the lord Prince, and in default of a prince to our sovereign lord the king, if it be found by verdict of. ●ii. men at a laweday. And further if it happen hereafter any such hard tin to be coined before the letter H. be set upon the same, and so put to sale, or worse metal to be covered and hid within the same hard tin, other than the kind or nature of the same 〈…〉 all cast and bear in himself, or worse metal then good tin to be covered and hid by falsehood and deceit with in any other piece of tin having not the letter H. and so coined and put to sale, then if upon complaint of the buyer thereof it be found by verdict of. ●ii. men at a law day, and proved by the view and melting of the same tin, or part thereof in open court, being brought before the great inquest, then & there sworn for the king with all the marks of the same upon one piece not melted nor broken, within the jurisdiction of which court the same tin was made, that then the first owner or owners of the same tin shall not only forfeit the value of the same tin to the lord Prince, for the time being, & for lack of a Prince then to our sovereign lord the king, but also shall forfeit for every such false piece of tin ten li. the one half thereof to the lord prince, & the other half to such person or persons being the buyer or buyers of the same as shall complain or make suit at a laweday for the same, be it by bill, information, or otherwise, & a Fieri facias to be awarded for the same, as upon other penal statutes. And also the blower or blowers of the same tin to be set openly in the pillory in a market day or a lawedaye, by the space of sy●e hours for his or their untrue demeanour, in attempting any thing contrary to this act. And if the said blower or blowers do after that again likewise offend contrary to this act: that then the said blower or blowers to incur such punishment as shall seem to the lord warden or his deputy most meet or convenient. And upon complaint made by the merchant or buyer of any piece of tin, to be hard tin, & the same afterwards in open court, & in the presence of the great inquest melted, & proved good, than the said merchant or buyer shall forfeit for every such piece found good ten li. The one m●i tie thereof to the lord prince, and for lack of a prince to the kings majesty, and the other moiety to him that doth sue for it, & process thereof to be made as aforesaid. ¶ Also be it affirmed & enacted, that if any marchawt or other person hereafter buy any tin, and after that the said tin be found to be falsely made, contrary to the said act, and that not with standing the merchant or buyer & the first owner of the same by privy contracts, payments, or otherwise between them conceal the untrue making thereof, whereby condign punishment can not be done & ministered to such offenders, according to the said statute, if it be found by verdict of xii men, at a law day: that then they both shall fall every of them in the penalty of ten pounds for every piece of tin so concealed, the one half thereof to our sovereign lord the king, and to the lord prince, when god shall send us a prince, and the other half to him that will complain or sue for the same, by bill information or otherwise. ¶ Also be it affirmed and enacted that the act made at Crockerentor the xxiiii day of September, in the second year of the famous king, king Henry the eight of for and concerning synder tin and hard tin. And also that the act made at Crockerentor aforesaid, the same xxiiii. of September, the year above written, of for & concerning tin not marchauntable, every of the said two acts, and all thing and things in every of them contained be from hence for the utterly void and of no force nor strength. ¶ Also be it affirmed and enacted, that no person or persons shall sell or put to sale any manner of white tin made & cast in slabbes bloges or shocks before it be coined, upon pain of forfeiture of the said tin, in manner and form above said, any act heretofore made to the contrary not withstanding, and both the cellar and the buiar to forfeit every of them xl s. for every slab clog and shock so bought & sold, if it be found by verdict of xii men of a lawdaye. The one half thereof to the lord prince, when god shall send us a prince, & for lack of a prince then to our sovereign lord the king, in manner and form as is aforesaid: and the other half to the party that will sue or make complaint for the same by bill, information, or other wise. ¶ Item where it hath been heretofore of late days used in every of the iiii. Stannary courts, after issue joined in any action or suit between party & party, that the plaintiff shall nominate xii of the jurors whom he list, and the defendant other xii to try that issue, whereby poor men be not only oppressed by rich, but also the officers can not do justice, according to right and equity, by reason of the said evil usage. ¶ Wherefore be it affirmed and enacted that from hence for the upon every Venire facias awarded after issue joined in any of the said stannary courts, that the bailiff of the court for the time being, or the foster of the quarter, if the bailiff be challenged by his oath, then & there in open court taken, shall immediately return & nominate to the steward xxiiii honest and indifferent tinners, according to the tenor and effect of his writ or precept taken of the plaintiff, for every return for his fee so made iii s. iiii. d. and no more, which xxiiii persons so returned, the bailiff of the court or foster, that so make the return, shall summon and warn to appear at the next tin court there to be holden, at which court, if any of the jurors do make default being warned, than he to forfeit to our sovereign lord the king and to the lord prince, when god shall send us a Pr 〈…〉 xii. d. issues. And at the same court if a full jury do not a peer, or else after appearance of a full jury by challenge of any of the parties the jury is like to remain untaken for default of jurors: that then the lord warden his deputy or steward of the court for the time being, upon request made by the party plaintiff, or by the defendant in the default of the plaintiff shall have authority by virtue of this act, to command the bailiff or the foster as aforesaid of the stannary court for the time being, by his oath, then & there to be taken, to return name & appoint as often as need shall require, so many of such other able & indifferent tinners then being present in the said stannary court, as shall make up a full jury, which persons so to be named & impaneled by such bailiff or foster shallbe added to the former panel, & their names annexed to the same. And the lord warden his deputy or steward of the court for the time being, shall & may proceed to the trial of every such issue, with those persons that were before empaneled, & with those newly added to the said former panel, by virtue of this act, in such wise as they might or ought to have done, if all the iuroures had been empaneled upon the Venire facias awarded to try the said issue. And that every such trial had after the making of this act shallbe as good and effectual to all intentes constructions & purposes, as if such trial had been had and tried by xii of the jurors empaneled and returned upon the Venire facias awarded to try such issue. And in case such persons as the said bailiff or foster shall name & appoint, as is aforesaid, or any of them, after they shallbe called be present & do not apere, or after his or their appearance done wilfully withdraw him or themselves from the presence of the court, that then the lord warden his deputy or steward, for the time being shall and may set. C. iii. s. iiii. d. fine upon every such iurour making default, or wilfully withdrawing himself as is aforesaid, the said fine to be levied in such manner and form by the bailiff of the stannary court as other amerciaments of the said court have been heretofore levied: and so the issue shallbe tried at the same court without further delay, and every of the xii men that be sworn shall have xii d. a piece of the parties for and towards his journey for that days labour, the same money to be levied and parted openly in the face of the court to the jurors, immediately when they have given their verdict, or before their verdict, if the matter or action shallbe otherwise ended, or else for default of payment of the same money to be committed to Lidforde, there to remain until he hath paid the jurors their said money and if the bailif of the said court or foster, as aforesaid do not give warning to the xxiiii that hath first returned, and to every of them then he to pay his or their issues, that so make default being not warned. And that by virtue of this act, it shallbe lawful for both plaintiff and defendant to take their challenge to the array & to the poles aswell of them that be first returned, as of them that be so named, added and annexed, to the former panel, by the said bailiff or Foster, and that from henceforth, after issue joined, the plaintiff, nor the defendant, shall cast no essoin, any act heretofore made, or custom in the Stannary, used to the contrary notwithstanding. Provided always, and be it affirmed and enacted, that if it happen the bailiff and the array to be challenged by any of the parties, and there upon the array be quaished that then the bailif to repay unto the plaintiff, the sum of iii s. iiii. d. which he before received for the making of the return of the said jury, as is aforesaid, and that at the same court there be a Venire facias, directed to the Foster of the same quarter, to make return for the said matter, as aforesaid, at the next court then following, & then to proceed there in, as before. Also be it affirmed & enacted that if any person or people at any time hereafter make any unlawful labour to any bailif of the Stannary court, or Foster: for or concerning any return by him to be made and impaneled between party and party, or give or promise him or any other person or persons to his use & behoove, any manner of gift reward or portion of money for the same, or to be left out of any return hereafter to be made in the Stannary court, or give or promise any manner of gift, reward, or portion of money to any man that by the Bailiff or Foster shall be returned in any jury, whether it be before the making of the said return or after, for to have friendship or favour in his or their matter, other than such portion of money as to them is limited for their labour at this present court, or if any person or persons at any time hereafter commit any wilful perjury, or procure any wilful perjury to be committed in any of the four stannary courts: that then he that so laboureth the said bailiff or foster or so giveth or promiseth, as afore is said: and the bailif foster, or iurour, that so taketh any such gift, reward, promise, or portion of money, and he that so committeth or procureth wilful perjury, as is aforesaid, every of them so offending, if it be found by verdict of xii men at a law court shallbe committed to the prison of Lidford, their to remain till such time as he or they can find sufficient sureties to make fine with the Lord warden, his deputy or steward, to the use of our sovereign lord the king having no prince, & to the lord prince when God shall send us a prince. And besides that if it be found by verdict of twelve men at the suit of the party grieved, that then every of them so offending shall fall in the penalty of twenty li. the one half thereof to our sovereign lord● the king or prince when god shall send us a prince, & the other to the party grieved, and a Fieri facias for his or their goods, or a capias for his or their bodies to be awarded as well for satisfaction of our said sovereign lord the king or prince, as for the party grieved. ¶ Also be it affirmed and enacted, that where sundry tinworks & sundry parts of tinworks within the stannary of Devon. hereafter be named or contained upon one letter of attorney if livery pass in one of the said tin works or part of the same tinworks, it shall from hence for the enure and be a good sure & sufficient livery for all the residue named or to be named or contained in the same letter of attorney, in as large & ample manner as though livery had passed in every one of the said Tinworks or in every part so named or to be named or contained, so that the very owner of the said part and parts at the time of the said livery, any act heretofore made to the contrary not withstanding. And that where any person is or shallbe seized of diverse & sundry tinworks or parts of tinworks, and will departed from them all by letter of attorney, if rehearsal be made upon the letter of attorney of name of one or certain of his said works, & the rest by general words of all his tinworks, or parts of tinworks in the county of Devonshire, it shallbe as good sure and effectual in the law, to all intentis constructions & purposes, as though special resital of every tinwork or part of every such tinwork had been made upon the same. And that likewise on livery made of and in any part or parcel of the same, to be as good, sufficient, and effectual in the law for the whole, as though livery had passed severally in every part & parcel thereof as above is said. And that all gifts and bequests of sundry tinwork or tinworks, be it by general words as is aforesaid, or otherwise by testament hereafter made or to be made to any person or persons, although the executoure or executors of the same testament refuse to prove the same be always good, sure, sufficient & available in the law, according to the said testament: any statute, law, or custom heretofore had or made to the contrary not withstanding. ¶ Also be it affirmed & enacted, that no demurrer in the law upon any cause action or demand, from henceforth be allowed or admitted in any of the four stannary courts in the county of Devon. ¶ Also be it affirmed & enacted, that no person or people from henceforth commence any action in any of the four stannary courts, except it be for the entering into any tinwork or tinworks, but only within such court, with in the jurisdiction of which court the party plaintiff or plaintiffs and defendant or defendants, or one of them shall inhabit & dwell at the time of the commencement of the same action upon pain to forfeit and pay to the party defendant or defendants ten s. of lawful money of England for every such action commenced or to be commenced, if the party defendante or defendants at his or their appearance, will demand & sue for the same, and execution to be awarded for the same, according to the laws and customs of the stannary, and the plaintiffs to lose his or their said action or actions, any law or custom heretofore used to the contrary not withstanding. ¶ Also where before this time diverse feigned actions have been prosecuted in the stannary courts, whereunto the defendants have been forced to appear, and join the same to a country, and the said actions so joined to a country, the plaintiffs have suffered the same to be and depend in the courts, not continued of a long space, until such time as the said plaintiff hath watched his advantage, or the absence of the said defendant and then proceeded in the same, in the default of the said defendant, not being warned thereof, contrary to all right, equity & good conscience. ¶ Wherefore be it affirmed and enacted that if any person or persons from henceforth shall commence any manner of action in any of the four stannarye courts, whereunto the defendant appeareth, and doth join unto a country, if the said plaintiff suffer the said matter so pleaded to a country to remain, and do not proceed & set for the his suit within four courts next so lowing: that then his said action utterly to be void and discontinued, as though it had never been before pleaded. ¶ Also be it affirmed and enacted, that in all actions commenced in any of the four Stannary courts, whereupon the damages is not declared above the some of v. li. except it be in an action of trespass, for entering into any tinwork or tinworks, & the party defendant will put the same to the trial of the country, than there shallbe at the next court then following iiii honest indifferent tinners returned appointed and taken up in the face of the court, by the bailiff for the time being, by an oath openly in the said court to him to be ministered to try the said issue, and there to be charged upon an oath by the steward, for the trial of the same matter, and to give verdict therein, and assess damages & costs, according to the order of the laws of the stannary, whereupon all principal challenges are to be allowed, and other to be returned, as afore in their stead, by the bailiff. And if he be challenged, then by the steward for the time being, and the steward to have for his precept to the bailiff four d. and the bailiff for his return four d. ¶ Also for as much as many pitches of sundry tinworks have been heretofore entered into the court rolls or books of record, not withstanding that many of them have been some time lawfully proved by their old owners or the keepers according to the statute thereof provided, yet always the same pitches remain in the said books, as matter of record and no record of writing to the contrary, which in process of time may be a great occasion of much controversy & strife. ¶ Be it therefore affirmed and enacted that if there be any tinwork or tinworks hereafter pight by any person or persons as a work allay, and the owner or owners or keeper of every such tinneworke so pight, do prove the same work kept according to the statute thereof made & provided, or that the pitcher of any work pitched do release his said pitch, that then the said owner or owners, or their keepers, or one of them shall cause the steward for the time being, within six months next after the day of the entering of the said pitch, to enter the said proof or release into his book directly next under the place of entry of the said pitch of the said work so proved or released, whereby it may there likewise appear & remain as matter of record: so that it be approved sufficiently before the steward in open court, by two. or iii witnesses sworn for the same, or by confession of the pitcher, or else the said proof & release to be void and the said pitch to be good and available, and the steward in the day of entering thereof, to proclaim the proof or release in open court, & to have for his labour in that behalf four d. & no more. And that it shallbe lawful for every such principal pitcher to release every such pitch to the old owner or owners, within iii months next after the day of the last proclamation of the said pitch, & not after, & at any place as well by word as by writing. ¶ Also be it affirmed & enacted, that if any person o● persons hereafter shallbe attached by his goods or chattels by virtue of any attachment directed out of any of the four Stannary courts, and thereupon do find sureties and do not appear at the next court after sureties so found that then it shallbe lawful to the bailiff of the same court where such attachement shallbe made, to return the same person or persons so attached to a nichill. Any act or custom heretofore used in the stamnary to the contrary notwithstanding. For as much as it is most requisite that the fees of all manner of process, and the pleading of actions within the stannary courts, aught to be apparante to all suitors there, whereof they have tofore been in great ambiguity & doubt, some paying more and some less. ¶ Wherefore be it affirmed and enacted by th'authority of this present court, that the steward or his deputy for the time being, shall have from henceforth for every attachment sued out vi d. and not above. And for every capias for the body vi d. & not above, for every scire facias to call in proofs or witnessis, wherein is but one name vi. d. & not above. For every warrant of the peace supersedias and recognisance of the peace, every of them vi d. And if there be any more names in a Scire facias, for calling of proofs, or warrant of the peace, supersedias, or recognizance, them the sure thereof to pay for every name vi. d. for every deliverance but vi d. for every Scire facias upon the statute of letting of proof ii s. that is to say vi d. for the scire facias, how many names so ever they be, and xviii d for the bill of the same statute to be made by the steward for every scire facias, upon all other penal statutes xviii d. that is vi d. for every scire facias, how many names so ever there be, and xi●. d. for the bill of the same statute, for every execution vi d. And for all other process but vi d. for the declaration of any manner of action laid into the court four d. in proper person, and by attorney, the party not being present v. d. and for taking of a day to implead being in proper person ii d. And if there be more defendants in the said action being absent, to pay attorney penny for every of the defendants being absent, & for the answer of any defendant or defendantes being jointly pleaded, & in proper person four d. and by attorney the party not present .v. d. The replication & the rejoinder laid into the court in proper person or by attorney, every of them four d. for entering of every condemnation and judgement, every of them four d for every deposition written four d. For every interrogatory ministered in the court in writing four d. For entering of every surmise upon the statute of letting of proofs vi d. for the law gage of every defendant vi. d. For the essoin of every plaint not pleaded, i. d. for the continuance of every plaint not pleaded i d. for the continuance of every action pleaded ii d. For every recognisance entering viii d. for the copy of the bill of surmise xviii d. For the copy of every bill upon any other statute xii d. For the copy of a declaration of trespass upon the case viii d. For the copy of all other pleas four d. and not above, for any of the matters before mentioned. ❧ Imprinted at London by William Seres, dwelling at the west end of Paul's church at the sign of the Hedgehog. Anno post Christum natum. 1562. Mense Maij. Cum privilegio ad imprimendum solum.