¶ The assize of bread and ale, and divers other things, as appeareth on the other side of the leaf. ¶ The contents of this book beside the assize of bread and ale. ¶ first of forstallers and fishing. ¶ Of regratours' and regrating. ¶ Of victuals and vitaylours. ¶ Of weights and measures. And how moche vessels of wine, oil, bony, yeles, Salmon, and bearring shall bold and contain. ¶ Of purveyors, buyers, and takers of victuals and other things. ¶ Of the statute of wynchester and divers other statutes concerning the same. ¶ The size of bread and ale. IT Was enacted/ anno li. Henrici three that when the quarter of wheat is sold for. xij.d. than the farthing wastel loaf shall weigh. vi.li.xvi.ss. And the farthing loaf Lokette of the same corn, and of the same bultell shall weigh more than the wastel by. ij.ss. And the farthing loaf cokette of corn of less price, shall weigh more than the wastelle by. u.ss. The farthing sym nel shall weigh. ii.s. less than the wastelle. The farthing loss of clean wheat shall weigh the coket & an half: that is to say, the cokette that weigheth. u.ss. more than the wastel. The farthing loaf of treite shall weigh ii wastelles. And the farthing loaf of common sort of corn shall weigh two greater cokettes. when the quarter of where is sold for. xviii.d. than the frathing wastel loaf shall weigh. iiii.li.x.s.viii.d. when the quarter of wheat is sold. for. ii.s. than the farthing wastel loaf shall weigh. iii.li.viii.ss. when it is sold for. iii.s.vi.d. than the loaf shall weigh. liiii.s.iiii.d.ob.q. when it is sold for. 3s.. than it shall weigh. xlviii.ss. when the quarter of wheat is sold for. iii.s.vi.d. than it shall weigh. xlii.ss. when it is sold for. iiii.ss. than it shall weigh. xxxvi.ss. when it is sold for. iiii.s.vi.d. than the farthing loaf shall weigh. xxx.ss. when the quarter of wheat is sold for. u.ss. than bit shall weigh. xxviii.s.ii.d.ob. when it is sold for. u.s.vi.d. than the farthing loaf shall weigh. xxiiii.s.viii.d.q. when the quarter of wheat is sold for. vi.ss. than bit shall weigh. xxii.s.viii.d. when bit is sold for. vi.s.vi.d. than the farthing loaf shall weigh. xix.s.xi.d. when the quarter of wheat is sold for. vii.ss. than bit shall weigh. xix.s.i.d. when it is sold for. vii.s.vi.d. than the farthing loaf shall weigh. xviii.s.i.ob. when it is sold for. viii.ss. than it shall weigh. xvii.ss. when it is sold for. viii.ss. than it shall weigh. xvii.ss. when the quarter of where is sold for. viii.s.vi.d. than bit shall weigh. xvi.ss. when it is sold for. ix.ss. than the farthing loaf shall weigh. xv.s.q̄;. when the quarter of wheat is sold for. ix.s.vi.d. than bit shall weigh. xiiii.s.iiii.d.ob.q. when bit is sold for. x.s. than the farthing loaf shall weigh. xiii.s.vii.d.ob. when the quarter of wheat is sold for. x.s.vi.d. than bit shall weigh. xii.s.xi.d.q. when bit is sold for. xi.ss. than the farthing loaf shall weigh. xii.s.iiii.d.q. when the quarter of wheat is sold for. xi.s.vi.d. than bit shall weigh. xi.s.x.d. when it is sold for. xii.ss. than the farthing loaf shall weigh. xi.s.vi.d. when the quarter of wheat is sold for. xii.s.vi.d. than it shall weigh. ix.s.ix.d.ob.q. And ye shall understand that the baker (as it hath been proved by the baker of our sovereign lord the king) may gain on every quarter of wheat. iii.d. and his bran, and two loves for surnage, for four servants. i.d.ob. for ii boys q. for salt. ob. for costo. ob. for candle. q̄ for wood iii. d. for bultell ob. allowed. when the quarter of wheat is sold. for. 3s.. or for. iii.s.iiii.d. and barley for. xx.d. or for. ii.s. and ootes for. xviii.d. than the brewers in cities may sell ii gallons of good ale for. i.d. and in the boroughs iii gallons for. i.d. And without, they ought to sell four for. i.d. and so they may well. And wytteþ well, that this size runneth through all England by the commandment of our sovereign lord the king. And this is the size of bread and ale, according as it is contained in the writings of the Marsalsie of our sovereign lord the king, after the price of the best wheat, the second, and third sort. And as well the wastelle as other bread, of what sort so ever they be, shall weigh after the price of mean wheat. And this size of bread ought not to be changed, but when the quarter of wheat riseth or falleth vi. d. in the price. And every baker ought to have his proper mark on every sort of bread. etc. And that no brewer raise nor fall a farthing in the gallon, but when the quarter of malt riseth or falleth. xii.d. in the price. And they that break the size of bread or ale, shallbe amerced for the first, the second, & third tyme. And the fourth time, the baker shall have the judgement of the pillory, and the brewer of the Tumbrelle. If there be any that by false means useth to sell meal, for the first time be shall be grievously punyssbed, the second time be shall lose his meal, the third time be shall have the judgement of the pillory: The fourth time be shall forswear the town. etc. And so likewise the bakers that offend. Also butchers that sell mesel pork or moryn fless he, for the first time they shall be grievously amerced: for the second time so offending, they shall have the judgement of the pillory: for the third time they shallbe committed to prison, and be ransomed: And the fourth time they shall forswear the town. And thus ought other transgressors to be punyss head: as cooks, forstallers, and regrators of the market. when the cook's , roast, bake, or any otherwise dress fyssbe or fless be unwholesome for man's body. ¶ Of forstallers & fishing. ANd ye shall understand/ that a forestaller is be, that lieth by the way, as victual or corn cometh to the market, and buyeth bit, to the intent to make the victual or corn dearer in the market, in burte and prejudice of the kings people. And bit was enacted, anno xu E. iii. the three chapter, and confirmed the two year of R. the ij. the ij chapter, that victual and corn forestalled should be forfeited to the king, and if it be sold, the king ought to have the value thereof, and if the offender have not where with to pay, he shall be committed to prison, there to remain the space of ii year or longer at the kings pleasure, without letting to baylle, or otherwise to be delivered. And if the forestaller be attainted at the suit of the party, than the party shall have the half of the thing that is forestalled and forfeited, and the king the other half. It was also enacted, by statute of the staple, anno xxvij E. iii.ca.xi. that no man should go by water nor land to forstall wines nor other merchandises, before they come to the staple or other port where they should be discharged, nor enter within the ships for that intent before the merchandise were laid on land, on pain of their life and forfeit of their lands to the lord. But the pain of life and forfeiture of lands and tenements was repelled, anno xxxvij eiusdem regis, ca xvi. ¶ Of regratours' and regrating. ❧ And by cause I spoke of regrators, witteth well that a regratour is he, that buyeth corn or victual brought to the market at his own price, and selleth it again dearer in the market, in hurt of the kings people. which thing so regretted is forfeited, and if it be sold the value thereof is forfeited etc. Now because it so cometh to pass, I will speak somewhat of victual & vitaylours. ¶ Of victual and vitayllours. IT was defended by the statute of york, anno xii Ed. two. that no minister in city, or borrow, which by reason of his office ought to see the size of wine and victual kept, should being in office/ merchant wines or victuals in gross or at retail, on pain to forfeit the same. But our most gracious sovereign, king Henry the viii the iii year of his most noble reign, in his parliament bolden at westmystre, the four day of Fabruary/ hath repelled the same statute, & enacted by authority of the same parliament, for many high considerations, that when any vytayler is chosen to bear office in any city, town, or borrow corporate, which for the time being in office, should have the assising & correction for victual, that than two discrete & boneste men of the same cite, town, or borrow corporate, neither of both being a victualler, shall be chosen by the commonalty, like wise as the said officer is, which two or one, the other being absent, with the said officer shall set the size & prices of victuals, for the time the said victualler shall abide in his said office. And after the prices and cyses so set, it is leeful for the said officers, to merchant and sell wines and all other victuals in gross, or at retail, without any forfaytinge. Also bit was enacted the xxiij year of Edward the third, the sixth chapter, that butchers, fyss he mongers, inholders, brewers, bakers, poulters, & all other syllers of what so ever victuals, should sell for reasonable price, respect had to the far or near carriage of the same victuals, and he that doth otherwise, and is convict thereof, shall pay the double that he received to the parti damaged, or in his default, to who that will sue in this behalf. And the mayors, and bailies of cities, towns, boroughs, portis, and other places, have power to inquire of the premises, and to levy the foresaid penalty to their use, at whose suit the transgressors were convict. And in case the mayors and bailiffs be convict before the kings justices, as negligent in executing of the premisses, they shallbe compelled by the same justices, to pay thrice the worth of the thing sold to him, that is damaged, or else in his default, to an other that sueth. And yet farther, they shall be punished at the kings pleasure. It was also enacted, anno xxxi. E. iij.ca.x. that who that bringeth victuals to London, either oy land or water, may freely sell the same to whom be will, without distourbance of fysshemonger, boucher, pulter, or other. And that the mayre and aldermen should redress the defaults of fysshmongers, butchers, and poulters, likewise as of them that sylle palled wine or ale: not withstanding chartre of liberty, customs, or other privileges, made or used to the contrary: on pain of. M. mark for the first default: for the second two M. and for the third default to lose their franchise. It was enacted anno vi R. ii.cap.ix. that vitaylcrs in no cite nor town through England sbulde occupy the office of a judge/ except for lack of other sufficient: and than while be is in that office of a judge, be nor none of his shall sell no victuals on pain of forfeiture thereof. And the vii year of the said king. R. ca.xi. the statutes made the .v. and vi year of his reign, touching fysshemongers/ vintners, and other victuallers of London, are repelled. It was also enacted, anno xiii R. ii.ca.viii. that justices of the peace in every shear at their cessyons holden between Ester and Wichaelmas, shall do proclaim by their discretions, according to the dearth of victuals, what a mason, a carpenter, a tiler, and also labourers/ as well in August as other times of the year shall take by the day, with and without meat and drink. And that cuerye parson obey this proclamation. And victuallers to have reasonable gain, after the discretion of the said justices of peace. It is also straightly defended, anno vii R. ca.xv. that no person, alien, denizin, nor other, carry victuals, nor do to be conveyed, in to any parties of Scotland out of England, by land or see, on pain to forfeit the same victuals, or other things of relief, with the ships/ vessels, carts, or borses that carry them, except the king give special licence to the contrary. And be that spieth this, to have the third part of the forfeit. But berwick is excepted out of this statute by act made anno xu R. ca.vii. It is enacted, anno i. H. iiii.ca.xvii. that the statute made, anno vi R. two. how foreigns and aliens not being the kings enemies, bringing fish or any other victuals to any city or town within England, franchesed or not franchesed/ might freely sell the same by great or at retail at their pleasure/ without any let or gain saying, should be duly observed and put in execution. And also again, anno. xiiii.h.vi.ca.vi. the same is confirmed, and there unto added/ that if any distourbe foreign or alien to sell their fyssbe contrary to these ordinances, and thereof is duly attainted at the kings or at the party's suit, be shall forfeit xl. li. And be that will sue for the king/ or for himself, shall have the one half, & the king the other. ¶ Of weights and measures. IT is ordained/ anno li H. iii. that an English sterling penny, round without clipinge, shall weigh xxxii wheat corns dry, taken out in the mids of the ear: And. xx.d. make an ounce: and xii ounces make a li. and. viii.li. make a gallon of wine: and viii gallons of wine wake a London busshelle, which is the viii part of a quarter. And the same year it was ordained, that the standards, bussbels, gallons and yards should be sealed with the kings iron scale/ and safely kept on pain of an. C.li And that no measure be made in a town, except bit agree with the measure of our sovereign lord the king, and sealedde with the common seal of the towneshyppe. And if any man buy or sell by measures not sealed and examined by the mayor or bailiffs, be shall be grievously amerced. And by the statute made the xi year of Henry the vii the four chap. all weights and measures both great and small of every city, borough, and market town, should be diligently seen and examined twice in the year: and oftener if need be, by the mayors, bayllies, and other beed officers. And if any man be convicted to use ii measures, to buy by the more and fill by the less, be shall as a false disceyver, be put in prison, and grievously punished. The standard, bushels, gallons, and yards/ shall remain in the custody of the mayor, or baylics, and vi bonest men of the town sworn, before whom all measures shallbe sealed. And that no manner grain be sold by heap or cantle/ except ootes, malt, and meal. And by the statute made anno xi H. vii.cap.iiii. beed officers of towns may sign weights and measures with an. H. crowned: and take for the marking of every bushel. i.d. And all weights and measures found defective upon examination, shall immediately be burned: and the trespasour to forfeit for the first time. vi.s.viii.d. the second time. xiii.s.iiii.d. the third time. xx.s. to the mayre, bailie/ or other having jurisdiction there: and for farther punishment to be set upon the pillory. And by the statute made anno twelve H. seven. the busshelle shall contain viii gallons of wheat: and every gallon viii pound of wheat: and every pound xii ounces, and all Troy weight. It was enacted, anno xiiii E. iii.cap.xi. that the Treasurer of England should make standards of bushels, gallons/ & weights, and send them in to every shear: and to assign ii in every shear to here/ determine, and punish such as sell by other measures: and for there expenses they sihal have the fourth part of the fines levied in such cases. And that none sell by bushel not sealed with the kings seal. Nat withstanding this act the clerk of the market shall not let to do his office: Nor lords lose their franchises. The weight of wool shall be according to the standard of the exchequer anno xxv E. iii.cap.iiii. And bit is defended by statute of the staple made anno xxvii E. iii.cap.x. that none weigh any merchandise with false weights, on pain to forfeit to the king the value of that that is sold, and triple damages to the party: And justices assigned have power to inquire thereof as well at the kings as the the party's suit: and to do execution. And anno xxxi E. iii.cap.ii. bit is ordained that certain balances and weights of sack, di. sack. two. and quarter/ according to the standard of the exchequer should be sent unto all shereffes of England, and that each should prove their weights/ without any thing giving to the sheriff. And that none buy nor sell by other measure, on pain to be at the kings pleasure. And the same year the. u.chap. the weight called Ancell was clean fordone. And the xxxiiii year. the. vi.chap. it was ordained, that the bushel, peck, gallon, pottle, quart through all England within franchises and without, should be according to the kings standard. And the xiii year of. R. the. ii.cap.ix. bit was ordained that one measure and one weight should be used through all England, except Lancastre shear, because a greater measure hath always been used there than in any other part of the realm. And be that is convict for using false weights or measures, shall have balfe years prisonment, and 'gree with the party to the double of his loss. And the act made the xu year of the same king R. cap.iiii. will that none on pain of forfeiture thereof, buy more for the quarter, than viii bushels stricken in London or else where. And the xvi year of the said. R. and the xi. year of. H. the vi rent service due to lords is excepted, which shall be measured, as it hath been used. And by the statute made anno xi H. vii.ca.iiii. no man is prebyted to buy within the ship board by water measure: which water measure shall contain .v. pecks according to the standard, raised and stricken. And also it is provided, that the acts of weights and measures shall not extend nor be burtefull to Lornewall and Devonshere. It is enacted anno i H. v.cap.vii. and confirmed the xi year of H. the. vi.cap.viii. that all statutes touching measures should firmly be observed and kept: and no puruciour for the king to buy corn but by measure stricken, and viii bushels to the quarter/ and pay for the carriage of the same forth with. And as oft as any purveyor or other person shall be attainted to buy or purvey corn other wise, to have a whole years prisonment, and pay. C.s. to the king, and. C.s. to the party grieved. And the mayre of London to be sworn in the exchequer/ to execute the statutes of weights and measures. And like wise all other mayors and baylliffes to be sworn, when they take their charges. And as well they as justices of the peace have power to put the same in execution, as well at the kings as the party's suit. And according as it is enacted anno viii H. vi.cap.v. that every city on pain of. x.li every borrow on pain of. C.s. and every village, where a constable is on pain of. xl.s. should have a common balance, with weights according to the standard: and all thinhabitants of the same towns freely to weigh without any thing giving: and foreigns to pay for every draught of weight xl. li.q. and for every draft between. xl.li. and C. li.ob. and for every draught between. C.li and M. li.i.d. So like wise it is ordained by his present statute, that upon like pain every town, borough, and village shall have a common bushel sealed according to the standard, and nothing to be taken for measuring of corn. And that justices of peace, mayors, bailiffs, and stewards of franchises, ave power to examine trespassers in the premises: and them to punyss be upon examination or inquest. But the xi year of Henry the vij the fourth chapter, bit was provided that the penalty contained in the statutes for none baving of weights and measures sealed, shall not extend to any town, that is not a city or a market town. It is also enacted the fourth year of our most gracious sovereign, Henry the eight the vij chapter, that who that useth to buy or sell pewter or brass, and useth false beam or weight, shall forfeit. xx.s. the one half to the king, andthe other half to him that will sue: in which action protection nor effoen lieth not. And the party shall: forfeit his beam to him that will seize it. And if the party be not able to pay the some that is forfeited, than the mayors, bailiffs, or other bead officers of the place where be is found, shall put him in the stocks till the next market day, and than to be on the pyllorie all the market tyme. The statute made anno xvij E. iiij.ca.iiij. will, that tiles should be well blanched and anuled, and the tile earth to be digged and cast before the first day of Novembre: and that the same earth be stirred and turned before the first day of Februarye, than next ensuing, and not wrought before the first day of March next following, and that th'earth be well tried ere bit be wrought. And every plain tile containeth ten inches and an balfe in length, and vi and a quarter in bread, and three quarters of an inch in thickness. And every roof or crest tile to contain in length xiii inches, and iii quarters of an inch in thickness with convenient deepness. And every gutter or covert tile to contain in length ten inches and a half. And who that sylleth any tile not according to this ordinance, shall forfeit to the bier the double value, and make fine and ransom to the king, and be that will sue shall have such process as is used in action of debt at the common law: in which action protection nor essoen lieth not. And justices of the peace have power to inquire hereof. And by due infourmation to cease for every. M. plain tile, set to sale contrary to this ordinance u.s. and for every. C. roof tile. vi.s.viii.d. and for every. C. corner or gutter tile. ii.s. And the ii serchours of tiles may present the defaults before justices of peace, and that presentment is as strong as of twelve men. It is ordained, that iii barley corns, dry and round, make an inch: and xii inches make a foot: and iii foot make a yard: and .v. yerdes and a balfe make a perch: and xl perches in length and four in bread make an acre. Hit appeareth in the treatise De compositione pond. that thirty formels make a car of lead: and two stone save ii pound make a formel: and xii pound make a stone: and. xxu.ss. in weight maketh one pound. Some say, that xii ways after Troy weight, make a car of lead. The weigh, as well of lead as of flacce, salt, onions, and cheese shall weigh xiiii stone: and ii ways of wool make a sack: and ten sacks make a last. And it was enacted the xiiii year of E. the third, the third chapter, and anno xi H. seven. the fourth chapter, that the sack of wool should weigh xxvi stone: and every stone fourteen pound. And bit was defended the xiii year of R. the second the ix chapter, that no merchant nor other should buy will by those words, good packing. The last of hearing containeth ten thousand/ and every thousand ten bundred: and every hundred six times twenty XX. dickers make a last of leather: and ten hides make a dycker. And ten peyre of gloves make a dicker. And ten borse shows make a dycker. But xii peyre of gloves make a dozen: and twelve skins of parchment make a dozen. Also the hundred of wax, fish, almonds, and alum containeth xii stone and a balfe: and every stone viii pound, and the bundred is five times xx. and the pound. xxu.ss. And witteth, that. xx.s. weight of pence maketh a pound in confections of spices, as in weighing of lectuaries: but the pound of all other things shall weigh. xxu.ss. Also in lectuary confections the pound containeth xii ounces and the ounce of this weight poiseth. xx.d. The hundred of board, canvas, and linen cloth containeth an hundred else and board: and every hundred containeth vi times twenty But the hundred of iron containeth .v. times twenty and the dozen containeth vi pieces. The Garb of steel containeth xxx stone. The Seem of glass is xxiiii stone: and every stone five pound, and so the Seem containeth two times twenty pound. X. sticks make a bind of yeles xxv yeles make a stick. Three and thirty fell make a bind. The timber of Coney skins and griffons is xl The sheaf of fustayne is xiii yards. The sheaf of sandell is ten yards. ¶ How moche vessels of wine/ oil, honey, yeles, salmon, & hearringe shall bold and contain. THe second year of Henri the sixth the xi chapter it was ordained, that the tounne of wine should contain xii times twenty and xii gallons, the pipe two times twenty and six gallons, the tertian, and hoggeshed of Gascoigne wine after the same rate, on pain to forfeit the same wine to the king. And the xviii year of the said kings rain, cap. xvii bit was ordained/ that tounnes, pipes, tertians, and boggesheedes of wine, oil, and honey/ should contain, the tounne xii times twenty and xii gallons: the pipe vi times twenty and six gallons: the tertian four times twenty and four gallons the boggesheed three times twenty & three gallon. And that neither tounne, pipe, tertian, nor boggesbeed of wine, oil, nor bony be sold before they be gauged, on pain to forfeit the wine, oyleor honey so sold, or the value thereof. And what country man so ever he be that syllethe tounne, pipe, tertian, or boggesbeed of wine, oil, or bony, to any of the kings subjects for a certain price, and lacketh of the measure, be shall rebate so much to the bier as the lacking a monteth toon pine to sforfaite to the king the value of all the wine, oil, or bony, sold to the contrary: not with standing any privy covenant or contract made or to be made between the bier and the seller. The same is enacted/ anno i R. iii.cap.xiii. And farther defended, that no person bring in to this realm any Butt of malvesey to be sold, except it contain vi times twenty and vi gallons: Every barrel to contain xxxi gallons and di And the rounlet xviii gallons and a half. And anno four R. ii.cap.i. bit is enacted, that all wines, oil, bony, vinegar, and all liquors should be gauged, on pain of forfeiture. It was ordained anno xxii E. iiii.ca.ii. that no strange merchant, denizin nor other, should sell nor put to sale any butt of salmon, except it contained lxxx and four gallons: the barrel xlii gallons: the balfe barrel xxi gallons well and truly packed, on pain to forfeit for every butt, barrel, and half barrel, lacking of the said measure. vi.s.viii.d. And that no merchant being under the kings obeisance, should put to sale any vessel of salmon, except bit were well and truly packed, the great salmon by bit self without meddling of grylles or broken bealed salmon there with. And that all grilles should be packed by themself alone on pain to forfeit for every butt, barrel, & half barrel. vi.s.viii.d. And that no personé put hearing to sale, by barrel, balfe barrel or firkin, except the barrel contain xxxij gallons, & the half barrel & firkin after the same rate/ on pain to forfeit and lose for every barrel, half barrel, & firkin, lacking of the said measure. iii.s.iiii.d. And that the same bearring should be well & truly packed, of one time taking and salting. And that it be as well packed in the mids, as at the ends, on pain to forfeit for every barrel, half barrel, and firkin sorted, couched and packed contrary to this act. iii.s.iiii.d. And that no merchant nor palyngman sylle nor put to sale yeles by barrel/ half barrel/ or firkin, except the barrel contain xlij gallons: and the half barrel and firkin after the same rate, on pain to forfeit for every barrel, half barrel and firkin, so fauting of their said measure x.s. Nor to meddle the galbytten, starven, pilled, nor red yeles with the good yeles: But the good to be well and justly packed and sold by themself, on pain to forfeit for every barrel, half barrel & firkin, mingled, packed, and put to sale contrary to this act. x.s. And that meyres, baillyffes, and other governors of cities, towns, boroughs, and other places, have power to choose discrete and expert persons to search & gauge all such vessels. The same act and every thing therein comprised is confirmed and ratified the xi year of henry the. vii.cap.xxiiii. ¶ Of purveyors. IT is ordained among other things conteynedde in Magna Larts, the. xix.chap. that no constable of castle nor his bailie shall take any man's corn or other cataile, that dwell not in the town where the castle standeth, except be pay forth with, or may have respite with good will of the seller: And if they dwell within the said town, to pay within forty days. And bit is ordained the xxi chapter following that no lords cart, of any person of holy church, of knygbte, or lady, shall be taken by the kings bailies. Nor no chief bayllye nor other, to take any man's borses or carts to make carriage, except he yield the lyberation of old ordained, that is for ii borses and a cart ten pens a day: for iii horses and a cart xiiii pens a day. It was defended. w.i.ca.i. that none should take victual or cart against the owner's will, if any did, to yield double damages. And if the party would not/ the king should have the suit: and the indicted shallbe attached and distrained by grand distress, that containeth one months space in the kings court, swhere him pleaseth. And if they come not at the day, they shall be distrained by other distress containing six weeks space: and than if they come not, to be attainted, and yield double damages to the damaged/ at the kings suit: and make fine with the king. It is provided. w. i.ca.xxxi. if any take victual, or other things to the kings use, for garrison or castle, and after they have received payment at the eschcker, ward rob/ or other place, will not pay the creditors, but to their great damage and sklandre of the king withhold their duty/ that than forth with the duty shall be levied on their lands and goods (if they have any) and pay there with the creditors, with damages/ that they had thereby, and to be rained for the trespass. If they have no lands nor tenements, to remain in prison at the kings pleasure. And bit is also provided, if any take part of the debts or any other lowaunce of the kings creditors for payment of the same debts/ they shall yield the double, and be grievously punished at the kings pleasure. Also it is provided if any being of the court, take more horses or carts for the kings carriage than needeth: and taketh lowance to let them go again, be shall be grievously chastised by the marshals. And if it be done out of the court by any of the court or other/ be shall yield triple damages, and have xl days prisonment. It is ordained, anno four E. iii.cap.iii. that no purvey our should make price of any thing, nor take corn but by common measure stricken, nor take any thing, but according to the very value set by the constables or other good folks, and pay or the king depart the verge. And none to have purveyors but the king, the queen, and their children. Nor the kings purveyors to take nothing, except they show their warranty under the kings great seal. And if any take ought without warranty, and carrieth it away against his will that oweth the said goods, to be forth with arrested by the village where it is, and committed to the next geale: And if he be attainted and the quantity of the thing demand, to suffer as a fellow. It was enacted anno .v. E. iii.ca.ii. that constables and four honest: men of the village thereto sworn, should set the price of that that is purveyed for the kings house, the queens, and their children's. And that in the presence of the constables and praysours, tails be made between the purveyors and the owners of the things taken, and sealed with the purveyors seals: by which tails gree shall be made with them, of whom the pourueyunce was taken. And if any taker or purveyor for the foresaid houses do otherwise, to be forth with arrested by the village where it is, and committed to the next geale: And if he be attainted thereof, and the quantity of the thing require, to suffer as a fellow. And from henseforthe the form and pain contained in this statute, to be contained in the commissions of such takers, and purveyors, whether they be under the kings small seal or great seal. It was provided anno xiiii E. iii.cap.xviii. that purveyors should take nothing without the syllers agree thereto. And merchants and other honest men to be deputed by the treasurer to make purveyance for the kings wars, and for castles and towns in Scotland, England, and other places. And commissions to be sent to the sheriff to make purveyance of the issues of his bailiwyke for the kings horses where they lie at liver. And if there be any more found, but a boy for every horse, and an backeney for the keeper, they should be put in prison, there to remain at the kings pleasure. And to pay or they depart the verge. And likewise the shereffes to be commanded, to make purveyance for the kings dogs, of the issues of their baillywekes where they dwell/ that the country be not charged with them. If any in this case be grieved, he shall have his recovery against the sheriff. It was enacted anno xiiii E. iii.ca.i. And anno xviii. E. iii.ca.iiii.ꝓ clero, that goods and fees of holy church should be forprised out of purveyors commissions, in what place so ever they be found. It was enacted, anno xxv E. iii.ca.i. that purveyors commissions should not be obeyed, except they were under the kings great seal, or small seal, and contain the pain of the same statute, as is before said, anno .v. E. iii. And the same year. ca.vi. it was ordained, that no pourueyour, that purveyeth wood and timber for the kings business, should cut down the trees that grew in or about any man's house, on pain to pay triple damages to the party grieved, a year imprisonment, and to forego his office. The same year the xu chapter it was ordained, that no pourueyour should take more sheep before the shearing time, but as will reasonably suffice till shearing time: and after shearing time to take none but shorn, as many as shall suffice for the time to come. And he that doth otherwise, and is thereof attainted at the kings or the party's suit, to be done with as a thief or a robber. And this pain to be contained in every commission of such purveyors. It is ordained the xxviii year of the same king E. ca.xii. that purveyors should pay forth with for purveyance taken under the some of. xx.s. and for purveyances made to the value of. xx.s. and above/ to pay within a quarter of a year after the purveyance made, at a certain day and place for most ease and travail of the people. The act made anno xxxiiii E. iii.ca.iii. willeth, that purveyors for poultry, and other small things should pay in hand, and for great purveyances within a month or vi weeks after. It is ordained anno xxxvi E. iii.ca.ii. that only the king and the queen shall have takers, and to pay for what victuals as they take in hand, as the price of the market is: and if they can not so accord, the purveyance to be rated, by the bailiffs, constables, and four honest men: and that they take in convenient wise: and not more than shall suffice the ii houscholdes. And the heinous name of purveyors to be changed and called buyers: and the same buyers to be sufficient to answer to the king and the people: and none of them to have a deputy: and each commission to be sealed with the great seal, and every half year restored in to the chancery and new made, containing all the matter and manner of their takings and byenges: and no buyers save the kings and the queens to be obeyed/ nor theirs, without they pay as is afore said. And to take all manner grain by measure stricken according to the standard. And for carriage thereof to pay in hand, and to take no more than shall suffice for the carriage: no bier nor taker of carriage to do contrary on pain of his life. And in the. iii.chap. following it is defended, that no bier of victuals, nor taker of carriage take no gift nor other good turn to spare any man, nor charge nor grieve any with such takings, byenges, and carriages, through bate, envy, or ill will: on pain to yield triple damages, and two. years emprisonement, and farther to be punished at the kings pleasure: and after forswear the court. And if the party will not, who so ever will sue for the king shall have the third penny recovered for his travail: And yet never the less the bier & taker shall have the pain in the article afore said. And every bier to beclare severally in his account all takings and byenges of every shear- town, village, and person. And it is ordained the. iiii.chap. following, that commissions should be made and send down in to every shear to inquire of the said buyers and takers demeanour. And if it be evidently proved, that they took more than came to the use of the ii foresaid households, or paid not for all that they took, they shall have judgement of life and member. And this ordinance extendeth as well to the purveyors for the great borses of both the foresaid households, as to the foresaid buyers and takers. And it is defended on like pain the. u.chap. following, that none of the kings or the queens house, of what estate so ever he be, shall have a purveyor, nor take no thing, but with the good will of the seller/ and pay therefore forth with. And hunters, faukeners, and scriantes of arms and other officers pertaining to the said households to have like pain, if they offend. It is ordenyed anno i R. n.ca.iii. that prelate's and clerks grieved by purveyors, shall recover triple damage by action of trespass. It is defended the twenty year of. R. the. ii.ca.v. that none take horse or beast of any man's without be have sufficient authority of the king, if any do, to be taken and laid in prison, there to remain, till he have agreed with the party. It is ordained anno i H. vi.ca.ii. that all statutes and ordinances, made for purveyors and not repelled should be kept and executed in all points, and every sheriff of the realm of England, to cause them four times in the year to be proclaimed through his bayllyewyke, on pain to pay a. C.s. to the king for every time that he fauteth. And the commandment from the king to him sent, to deliver to his successor by endenture between them made: who shall on like pain make like proclamation. And also where it was enacted anno ii H. iii.ca.xiiii. that no purveyor on pain to lose his office, & pay as much to the party grieved, should take any purveyance for the kings house, to the value of. xl.s. and within, except he paid forth with: it is ordained anno ii H. vi.ca.viii. that if any purveyor, bier, or taker did other wise, it should be leeful for any the kings subjects to resist them, & in no wise suffer them to make such purveyances: & the coustables/ tythyngman, & chief pledge of villages to be assisting to the possessor or seller of such things, if they be required thereto, on pain to yield the value of the things taken, to the party grieved. And that no officer of the kings, on pain to lose. xx.li. half to the king, and half to him that will sue, cause to arrest, vex, or emplede any of the kings subjects, in any of the kings courts, for such reteininges. And justices of peace in every shear have power to inquire, here, and determine any thing done against this act, as well at the kings suit as others, and do due punishment and execution, and award damages ges to the party plaintiff, if the defendant be duly convict: and the defendant shall answer without aid of the king. And in sucbe actions process to be made as in writ of trespass against the peace. And this ordinance to be expressed in purveyors commissions. And this ordinance among other statutes of purveyors, buyers, & takers, to be sent down in to every sberes of England/ to be proclaimed by the sheresses. It is ordained anno xxiii H. vi.ca.ii. that the act touching purveyors, made anno xxxvi E. iii. sbulde be duly kept and put in execution: and over that, that every purveyor and buyer (before they had their commyffyons) should be sworn in the Chancerye: to take nothing contrary to the ordinances made the foresaid year. And farther bit is ordained, because the pour people be not able, nor dare not resist nor sue at the law the said purveyors and buyers, that the prisours, the village, and all the villages adjoining/ shall do their devoirs to resist the buyers and purveyors, that do contrary to the statutes, and in all that they may to execute the foresaid statutes against the purveyors, if they be required. And be that is grieved, may choose whether be will take an action of debt against the preysours, the village, or villages, and either of them, that do not their devoir when they are required, to resist (in form afore said) the purveyors or buyers: or else against the said purveyors and buyers, and either of them: to recover the value of his goods so taken: and over that his costs & damages triple. Nor that no purveyor, nor other office of the kings in no manner wise trouble nor vex in any of the kings courts, any of the kings subjects, for executing of the foresaid ordinances/ on pain to pay xx.li. to the party grieved above his costs and damages sustained in that behalf. And that here upon he shall have a wryt of debt. And every issue triable in this action shall be tried in the shire/ where the goods were taken. And the sergeant of the Thatery shall satisfy all damages, debts, and executions/ recovered against any purveyor or bier under him, in case the purvey our or bier be not sufficient. And in this case the party plaintyfe shall have Scire fac. to have execution against the said sergante. And these ordinances and statutes to be sent to justices of peace, in to every shire to be proclaimed every year and the people informed. And it is defended the. xiiii.chap. following that no bier or other officer of any lord or other estate, except the kings and the queens, presume to take victual, corn, bay, carriage, or any other thing of any of the kings subjects against their wills, if they do, to be arrested by the mayor, sheriff, bailie, constable, or other officer of the place where it is, and put in prison, there to remain without baylle or mainprize/ till the time they have yielded again all the said victuals, carriages, and other things taken, or the value thereof. And if the said mayre, sheriffs, bailies, constables, and other officers before named do the contrary, that than they shall forfeit twenty si. the one half to the king, and the other half to the party, of whom such things were taken, if he will sue for it by action of debt, in which suit the defendant shall not wage his law. But in case the party will not sue, than who that will sue for the king and himself, shall have the one half of that that is recovered. And if the defendant be duly convict, he shall yield the triple value of that that is taken to the party that sueth, with double costis, and to make fine and ransom to the king. And in all such actions and suits, there shall no protection for the defendant be allowed. It is also ordained the xxviii year of Henry the sixth, the second chapter, that all letters patents or grants that are made or to be made unto any person or persons holding bostries, brewhouse, or house of retail of victuals; to be purveyors for term of their lives, should be void and of no value or effect. And that no person or persons; should take horse or cart, except he agree with the owner thereof: and be to him delivered by the mayre, sheriff, baillysse, or constable, where as such takings is. And that he or they that find him or themself grened contrary to this ordinance, shall recover triple damages by action of trespass at the common law. The kings prerogative and pre-eminence, of and in the prentysses alway saved. London in edibus Tho. Bertheleti. Cum privilegio. ¶ Of the statute of wynchester and divers other statutes concerning the same. FOr to avoid robbings/ thefts, murders, and manslaughters, it was ordained by the statute of wynchestre, the first chapter, and in more ample wise, the xxviii year of E. the iii the xi chapter, that cry should be made, in all shears, bundredes markets, fairs, and all other places, where solemn assembling of people should be, to the end that none should excuse him through ignorance, that every country from benseforthe should in such wise be kept, that forth with after robberies and felonies were done fress he suit should be made/ from town to town, and from country to country. And also if need be, inquests to be taken in towns/ by the sovereign of the town: and after in hundreds, franchises/ and in shires, and other while in. ii.iii. or four shears, in case when felonies are committed and done, in the marches of the shears, so that the misdoers may be attainted: And if the counntreys' answer not the bodies of such misdoers, the pain shall be such, that each country, that is to wit, the people dwelling in the country shall answer for the robberies & hurts done: so that all the hundred, where such robbery shall be done, with the franchises that be within the precinct of the same hundreds, shall answer for the robbery done. And if the robbery be done between ii bundredes, both the hundreds together with the franchises that be within the precinct of the said hundreds shall answer therefore. And the country after the robbery and felony done, shall have no longer time than xl days: within the which space it behoveth them to agree for the robbery, and misdeeds done, or else they must answer the bodies of the misdoers. And for the more surety of the country it is ordained the third chapter following, that the gates of great walled towns should be shut from son going down to son rising. And that no man in suburb or foreign part of the town lodge but from noon till the next day, except the host will answer for him. And the bailies of towns shall every week, or at the least every xu days inquire of such persons herbouring in suburbs, and foreign boroughs, and if they find any herborers that receive strangers in other manner, or suspicious persons, or and if they find such as herbourc folks against the peace, the bailies shall punyss be them. And it is commanded by the king/ that in towns from benseforthe watches should be kept as they were accustomed of old time: that is to say, from the Ascension day till Michaelmas, in every cite vi men at eucrye gate, in every borough xii men: in every village entire vi men or four or less as the number of the inhabitants requireth: and they shall watch the town continually all the nygbte, from son going down to son rising. And if any stranger pass forbye them, to arrest him till the morning: and if he be not found suspicious to let him go quite: and if they find him suspicious forth with to deliver him to the sheriff: and the sheriff without damage shall receive and safely keep him till such time that he in due manner shall be delivered. And if they will not suffer themself to be arrested/ than to raise shout and cry upon them, and the watch men with all the town and towns near joinning about with shout and cry to poursue them from town to town, till such time they be taken and delivered to the sheriff, as is before said. And for the arresting of such strangers none to be enchesoned. And the four chapter following/ it is also commanded, that the byghe ways from market towns to market towns should from benseforth be enlarged, there as are wood, bedges, or ditches, so that there be no ditch, shrubs, or bushes within. CC. foot of each side of the high way, whereby a fellow, when he hath done a shroud turn, may scape: but this statute extendeth not unto the great ookes and byches: And if through the lord of the soils defaute (which will not cut and cast down such ditches, shrubs, and bushes (after the form as is afore said) robberies are committed and done, the lord shall answer therefore. And there be murder done, the lord shall be reynted at the kings pleasure. And if the lord be not able to cut down the shrubs, the country shall help him to do it. And the king will that in his demesne lands and woods, within forest and without, the high ways should be enlarged, as is before said. And if it be so that there be any Park near unto the high way, it behoveth, that the lord diminish his park unto the largeness of. CC. foot near of the high way, as is afore said, or else to make such a wall/ dytche, or hedge, that the misdoers can not pass nor return to do shroud turns. Also bit is commanded, that every man shall have armour in his house for the keeping of the peace, according as it is of old time limited, that is to say every man between xu years and lx. years, to be limited and sworn to have harness after the quantity of his lands and goods, that is to wit, a man of. xu.li. livelihood, and having goods to the value of xl mark, an habergeon, a salad, a spear, a sword, and an horse. A man of. x.li. livelihood, and having goods to the value of twenty mark, an habergynne, a salad, a spear, and a sword: A man of an. C.s. livelihood, a doublette, a salad, a spear, and a sword. A man of. xl.s. livelihood, and above to the value of a. C.s. a spear, bow, arrows, and a sword. And he that hath not to the value of. xl.s. livelihood, shall be sworn to have faux gysarmes, a sword, and other small weapons. And he that hath not to the value of twenty marks in goods/ a spear, a sword, and other small weapons. And all other that may have, shall have bows and arrows. Out of the forest and within the forest bows and pillettis. And that the said armours and weapons be seen and viewed every year twice. And in every hundred and fraunchese to choose ii constables to make the view of the said armours and weapons: and the foresaid constables shall present before the justices assigned (when they come in to the conntre) the defaults of the armours and weapons, the suits of the towns, and of the ways: And also they shall present such as lodge strangers in uplandyss he towns, for whom they will not answer. And the justices assigned shall present in every parliament to the king the defaults, which they have found/ and the king shall see a remedy. And that shereffes and bailies within franchises and without, great or small, which have baillywicke or forest in fee or in other manner, take good heed from henceforth, that they follow the cry with the country. And after as they be, to have horse and harness for that intent. And if there be any that doth the contrary, the constables shall present their defaults to the justices assigned, and the justices shall after ward present them to the king, and the king shall see it remedied as is before laid. And the king, for the honour of holy church commandeth and defendeth, that from henceforth no fairs nor markets shall be kept in churchyards. Also in the time of the same king Edward the first, that made the statute of wynchester the xiii year of his reign, there were articles made containing the manner of inquiry, when the said statute was kept and when not: and who would observe it, and who would not: where, how, and by whom robberies were done: and whether the sheriffs answered the bodies of the ill doers: whether the gates of cities & towns were closed from son to son: whether any herbored strangers in suburbs and foreign parts of towns/ whether the bailies inquired thereof: bow the watch was kept: bow and where bygh ways were enlarged and where not: whether all between xu & lx. year were sworn to keep the piece: whether they had armours and weapons in their houses after the stint of their lands and goods: whether the constables in due manner viewed the said armours or not: and lastly whether the sheriff, bailies, and foresters, followed the shoutte and cry according to the foresaid statute. The second year of. E. the iii the vi chapter, it is enacted that the said statute of wynchestre, with all other concerning the peace/ should in all points be observed and kept, and justices assigned have power to punyss he such as disobey and go against the same statute. It is also ordained the .v. year of Henry the four that watch on the see cooste over all the realm of England, should be kept with such number of people, in places, form/ and manner, as it was wont to be in times passed/ and that in this case the statute of wynchester should be observed and kept. And that in the commyssions of the peace from henceforth to be made, this article should be put: and the justices of the peace have power to make inquisitions in their ceffyons from time to time/ and them that be found in default to punish after the tenure of the same statute. Also hit is ordained and enacted the vii year of the reign of king richard the second, the vi chapter, that the statute of wynchestre should be observed and kept in all points, and well and hastylye put in execution at the complaint and pursuyte of any that feeleth himself grieved against the tenure of the same. And to the end that none from hensefourthe should excuse himself through ignorance, bit is accorded that every sheriff of England, shall in his own person do proclaim the same statute four times in the year/ in every hundred of his bayllywyke, and by his bailies in every market, as well within liberties as without. And hit is enacted and ordained. the xxvij year of the reign of the most noble king Edward the third, the xiii chapter, that if any merchant stranger or other that is rob on the see, and the same goods so rob come in to any parties of England or other the kings lands, will sue to recover the said goods, he shall be received to prove the said goods to be his by his marks, cart, cokette, or else by good and loyal marchates strangers or other, and upon such proofs the self same goods to be delivered unto the merchant, without making of other suit at the common law. ¶ Thus endeth the statute of wynchestre, with the other concerning the same statute. Imprinted at London in Fleetstreet/ in the house of Thomas Berthelet, near the Cundite, at the sign of Lucrece. Cum privilegio a rege indulto. printer's device of Thomas Berthelet, featuring a dragon and a dog rampant flanking a crowned portcullis, with three flowers in the foreground (not in McKerrow)