AN ACT OF COMMON COUNCIL For the better Regulation of WEIGHING OF GOODS and merchandises AT THE KING'S BEAMS. arms of London Printed by Samuel cr●ft, Printer to the Honourable City of LONDON, 1698. arms of London Commune Concilium tent ' in Camera Guihald ' Civitat ' LONDON ', die Veneris Decimo octavo die Novembr ', Anno Domini 1698. Annoque Regni Domini nostri, WILLIELMI tertii, nunc Regis Angliae, &c Decimo: Coram Francisco Child mill ', Majore dictae Civitatis, Roberto Clayton mill ', Edwardo clerk mill ', Johanne Parsons mill ', Richardo Levett mill ', Jacobo Houblon mill ', Thoma Abney mill ', Willielmo Hedges mill ', own Buckingham mill ', Thoma Rawlinson mill ', Willielmo Withers Arm ', & ejusdem Civit ' Aldermannis, ac Willielmo Gore mill ', un ' Vicecomirum & Aldermanno dictae Civitatis: Necnon mayor ' parte Communiar ' in eodem Commune council ' tunc & ibidem assemblat '. An ACT of Common Council, For the better Regulation of the Weighing of Goods and merchandises at the KING's Beams. WHEREAS it appertaineth to Iustice, That to all Men be uprightly given true Weight and Measure; And whereas, for the more indifferent and just Weighing of Goods and merchandises, which used to be Bought and Sold by Weight, within the City of LONDON and Liberties thereof, there are, and from the time, whereof the Memory of Man is not to the contrary, there have been certain Common Beams, within the said City and Liberties thereof commonly called the KING's BEAMS, at which there are and have been( during all the time aforesaid) certain sworn Offices who by the Duty of their Places have used, and ought constantly to attend for the Weighing of such Goods and merchandises. And whereas the Office of TRONAGE, or Weighing of all Goods and merchandises within the said City and Liberties thereof as well by Custom time out of mind, as by several ancient Charters and Acts of Parliament, is confirmed unto and vested in the Mayor and Commonal●●, and Citizens of the said City. And whereas all Goods and merchandises, of all Foreigners not being Free of the said City, which have been Sold or Bartered within the said City or Liberties, to any Person or Persons whatsoever, as well Freemen as others, ought and during all the time aforesaid have been accustomend to be Weighed at one of the said ●●ams, at or before the Sale or Delivery thereof. And whereas divers Foreigners of late time not minding or regarding the good and wholesome Customs of the said City; but out of a Covetous desire, by sinister ways and unlawful means, to promote their own private Interests, have oftentimes Sold and Delivered such their Goods and merchandises within the said City, as well to Freemen of the said City as others, by other Weights and Beams, without weighing the same at any of the said Common Beams, whereby many Frauds, Injuries and Deceits have happened and been committed: And the better to palliate their Offence and avoid suspicion, do sometimes by Confederacy and practise with some Freemen of the said City, cause Fraudulent and Clandestine Sales to be made of such their Goods and merchandises to Freemen of the said City, before the same Goods or merchandises do come to the said City or Liberties thereof, contrary to the Oaths of such Freemen, and sometimes do mix their Goods with the Goods of other Persons that are Free of the said City, that so the distinct property of the Goods of Foreigners, may not be known from those of Freemen: And other times do procure Freemen to be Partners with them in such Goods and merchandises, who many times have but a small and inconsiderable Share therein; and upon such and other like fraudulent means and pretences, hold themselves discharged from the Duty of Weighing such Goods at any of the said Beams, whereas in truth they are not, nor ought by any such Colour or Pretence to be in any sort excused or discharged, of or from the said Duty. For remedy whereof, It is hereby Enacted, Ordained and Declared by the Lord Mayor, Aldermen and Commons of the City of London in Common Council assembled, and by the Authority of the same; That all Goods, wears and merchandises of any Person or Persons being a Foreigner or Foreigners, and not Free of this City, of what kind soever usually Bought and Sold by Weight, at any time after the first day of January next ensuing, which shall be within or brought to the said City or Liberties thereof, and shall be Sold or Bartered to any Freeman or Freemen of the said City, or to any other Person or Persons whatsoever, within the said City or Liberties thereof, shall at, or before the Delivery thereof to the Buyer, or any other Person or Persons, for his use, be Weighed at the said Common Beams, or one of them, upon pain of forfeiture of Thirteen shillings and Four pence for every Five hundred weight of such wears and merchandises, to be paid by the Seller or Barterer thereof, and so after the same Rate for every greater or lesser quantity. And for the further prevention of all Fraudulent and Clandestine Dealings, which may hereafter be practised by any Freeman or Freemen of the said City, Foreigner or Foreigners in Buying of, or Bartering for Goods or merchandises of Foreigners and Strangers without the Freedom of the said City, to the intent to avoid the Duty of weighing such Goods and merchandises at the said Common Beams, and the reasonable Duty to be paid for the same: Be it further Enacted by the Authority aforesaid, That if any Sale shall be made by any such Foreigner or Foreigners, to any Freeman or Freemen of the said City, of any such Goods or merchandises, before the same Goods or merchandises come to this City, or the Liberties thereof, whereby they avoid the just Weighing such Goods or merchandises at one of the said Beams, and the Duty for Weighing thereof; and such Goods and merchandises shall afterwards come to this City or the Liberties thereof, and shall after the said first day of January be Sold or Bartered, and delivered by such Foreigner or Foreigners, Freeman or Freemen, to any other Person or Persons whatsoever, within the said City or Liberties thereof; Then such Goods or merchandises shall, at or before the Delivery thereof to such Person or Persons so Buying the same, be Weighed at the said Common Beams called the King's Beams, or at one of them, upon pain to forfeit Thirteen shillings and Four pence, for every Five hundred weight, of such wears or merchandises, to be paid by the Seller or Barterer thereof, and so after that Rate for a greater or lesser quantity, notwithstanding any such Sale as aforesaid, And be it further Enacted by the Authority aforesaid, That if any Freeman or Freemen of this City, to whom such fraudulent Sale of such Goods or merchandises shall be made, as aforesaid; shall witting or willingly after the said first day of January, put in ure, justify or Endeavour to Maintain such Fraudulent Sale, to the intent to avoid the said just Weighing such Goods and merchandises, and the Duty to be paid for the same; Then every such Freeman shall forfeit for every such Offence the Sum of Five pounds. And it is hereby further Enacted and Declared, That if any such Goods or merchandises, of any Freeman or Freemen of this City, shall be mixed with the Goods and merchandises of any Foreigner or Foreigners not Free of this City; so that the distinct Property and Proportion of each of them cannot be known and distinguished from other, and such Goods or merchandises so mixed and not divided, being within the said City or Liberties, shall at any time after the said first day of January, be Sold or Bartered within the same by such Freeman or Freemen, Foreigner or Foreigners, or by any, or either of them, to any other Person or Persons, before any Partition, Division or separation be thereof made; Then all such Goods and merchandises, as well of such Freeman or Freemen, as of such Foreigner or Foreigners shall, at or before the Delivery thereof to any other Person or Persons so Buying the same, be Weighed at the said Common Beams, called the King's Beams, or at one of them; or in default thereof, as well the Buyer as the Seller thereof, shall each of them forfeit and pay the Sum of Thirteen shillings and Four pence for every Five hundred weight of such wears and merchandises, and so after that Race for a greater or lesser quantity, as aforesaid. And it is further Enacted by the Authority aforesaid, That all such Goods and merchandises usually Sold by weight, whereof any Freeman or Freemen shall be possessed, by Consignment to be Sold, or Disposed for the benefit of any Foreigner not Free of the said City, or in Copartnership, or in Common with any Foreigner by equal Moieties, or by any other Share or Shares, which at any time after the said first day of January, shall be Sold or Bartered, to any Person or Persons whatsoever within the said City or Liberties thereof, shall at, or before the Delivery thereof, be Weighed at the said Common Beams, or one of them, and in default thereof, the Seller or Sellers thereof shall forfeit and pay the Sum of Thirteen shillings and Four pence, for every Five hundred weight of such wears and merchandises, and so after the same Rate for a greater or lesser quantity, as aforesaid. And whereas, for defraying the necessary Charges of repairing, and maintaining the said Beams, and the Scales, Weights and other necessaries thereunto belonging, and likewise to enable the said Mayor, Commonalty and Citizens, to give reasonable recompense and satisfaction for the care and attendance of such Persons, as are and shall be necessary employed therein; There have been time out of mind paid to the said Mayor and Commonalty and Citizens, their Deputies or Officers in that behalf, certain reasonable Rates and Duties for Weighing such wears and merchandises; and the same have in all times been subject to the Alteration and Regulation of the Common Council of the said City. Now, to the intent that the said Rates and Duties may be the better ascertained and made public to all Persons concerned in Weighing, as aforesaid; And to prevent the Officers and Collectors thereof from Demanding, Exacting or Receiving more than they ought to do: Be it further Enacted by the Authority aforesaid, That all and every Person or Persons not being Free of this City, who shall Sell and Deliver, or Cause to be Sold and Delivered within the said City or Liberties thereof, any Goods or merchandises usually Bought and Sold by Weight, as aforesaid, shall from and after the said first day of January, in the Year of our Lord 1698, pay or cause to be paid unto the Master Weigher or Supervisor of such the said Common Beams, at which the said Goods or merchandises shall be weighed at, to the use of the said Mayor, Commonalty and Citizens or their Assigns, the Rates and Duties, following;( That is to say) for all Goods or merchandises whatsoever Sold by Weight, from Twenty eight pounds weight exclusive, to Two hundred weight inclusive, for each draft Two pence: And from Two hundred weight exclusive, to Four hundred weight inclusive, for each draft Three pence: And from Four hundred weight exclusive, to Six hundred weight inclusive, for each draft Six pence: And from Six hundred weight exclusive, to Eight hundred weight inclusive, for each draft Ten pence: And from Eight hundred weight exclusive, to Ten hundred weight inclusive, for each draft One shilling and Four pence: And from Ten hundred weight exclusive, to Twelve hundred weight inclusive, for each draft One shilling and Eight pence: And from Twelve hundred weight exclusive, to Eighteen hundred weight inclusive, for each draft Two shillings: And from Eighteen hundred weight exclusive, to Twenty two hundred weight inclusive, for each draft Two shillings and Four pence: And from Twenty two hundred weight exclusive, to Twenty five hundred weight and upwards, for each draft Three shillings; for every Bag of Hops, Six pence; for every Ton of Iron, One shilling and Two pence; for every Fodder of led, Ten pence. And be it further Enacted by the Authority aforesaid, That the said several Rates so appointed to be paid for the uses aforesaid, for the Weighing of all Goods or merchandises, as aforesaid, be from henceforth the only Rates that shall be taken or received for the Weighing thereof, as aforesaid; any thing herein, or in any other Act, Custom or usage, to the contrary in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, shall at any time or times hereafter be constituted or admitted Master Weigher, Supervisor or Supervisors, or other Officer or Officers whatsoever, for Weighing of Goods or merchandises at the said Common Beams, commonly called the King's Beams, or either of them, or shall keep, use or exercise any Common Beam or Beams, for the Weighing of any Goods or merchandises within the said City or Liberties thereof, other than such Person or Persons, as shall be first thereunto authorised or licenced by this Court or a Committee thereof: And that if any Person or Persons shall keep, use and exercise any Beam or Beams, for Weighing of Goods or merchandises, as aforesaid, within the said City or Liberties thereof, without being thereunto licenced or Appointed, as aforesaid, such Person or Persons, for every such Offence, shall forfeit and pay the Sum of Four pounds and Nineteen shillings. Provided always, and be it further Enacted by the Authority aforesaid, That this Act or any thing herein contained, shall not be construed or expounded to debar or hinder any Freeman or Freemen of the said City, from using of his or their own Beam or Beams, in the Weighing of his or their own proper Goods or merchandises,( not in Copartnership with a Foreigner or Foreigners) by him or them Sold in, or Delivered out of their Shops or Warehouses, as hath heretofore been used and accustomend; any thing herein contained to the contrary hereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That every Master Weigher, Supervisor or Supervisors, or other Officer appointed, or to be appointed to be Master Weigher of the said Common Beams, or any of them, shall from time to time once in every Three Months at the least, carefully Examine all the Weights and Beams to be used for the Weighing of Goods and merchandises, as aforesaid, with the Standard kept for that purpose, and shall constantly keep them true and agreeing with the same: And that, if at any time hereafter any such Person or Persons, Officer or Weigher employed, or to be Employed, as aforesaid, shall be Convicted upon the Oath or Oaths of one or more Witnesses, before the Lord Mayor and Court of Aldermen of the said City, of keeping and using, at any of the said Beams, any Weights not agreeing with the said Standard, or for any Dishonest or Vnjust Dealings or practises, in or about the Weighing of any Goods so to be Weighed, as aforesaid; That then such Person or Persons, Officer or Weigher so Offending, shall ( ipso facto) be Discharged, of and from such his said Office or Deputation. And to the end, that all and every the Person and Persons that shall hereafter be so, as aforesaid, authorised and Appointed to attend the said Beams, or any of them, for the Weighing of Goods and merchandises, as aforesaid, may the more impartially, diligently and carefully perform his and their Duty: Be it further Enacted by the Authority aforesaid, That no Weigher, Supervisor or Supervisors, or other Officer or Officers whatsoever hereafter to be authorised or Appointed to attend the said Beams, or any of them for the purposes aforesaid, shall at any time after such Authority or Appointment, use or Exercise the Trade, Art or Mystery of a Factor or Agent, for the Buying or Selling any Goods or merchandises, or shall Employ himself as a Broker, to make any Bargain, Contract or Agreement between Merchant and Merchant, or other Buyer and Seller of any Goods or merchandises whatsoever: And that all and every Master Weigher, Supervisor or Supervisors or other Officers, in either of the said Cases Offending, shall from thence forth be ( ipso facto) Discharged, of and from such his and their said Office and Employment, And for prevention of all Differences that shall or may arise between Buyers and Sellers, concerning the Weight of the Goods or merchandises weighed at the said Beams, or any of them: Be it further Enacted by the Authority aforesaid, That One or more exact Register or Registers shall be kept by the Master Weigher or Supervisor of the said Common Beams, of all Goods and merchandises Weighed from time to time at his respective Beam, and of the true Weight thereof, to the intent that due Proof may be made of the same by such Master Weigher or Supervisor, his Deputy, Agent or Agents, if occasion shall require. And be it further Enacted by the Authority aforesaid, That if any Master Weigher, or Supervisor, at any of the said Common Beams, shall neglect to keep such Register, and be thereof Convicted upon Oath, as aforesaid, before the Lord Mayor and Court of Aldermen, such Master Weigher or Supervisor, shall for every such Offence be ( ipso facto) Discharged, of and from his said Office or Deputation. And be it further Enacted by the Authority aforesaid, That all and every Person or Persons, that shall hereafter be appointed to be Master Weigher, Supervisor or Supervisors, or other Officer, at any of the Common Beams aforesaid, shall set on Work and Employ such Porters as are and shall be admitted of the Fellowship of Ticket Porters within this City; They the said Porters submitting to accept such Rates, as from time to time this Court or a Committee thereof shall think fit and reasonable. And be it further Enacted by the Authority aforesaid, That such Person or Persons that have, or who shall have the Authority over or Government of the said Porters, as well to prevent Exactions by the said Porters, as also that the said Service may be duly and constantly supplied, shall provide that such competent number of the said Porters may by Turns attend at the Weigh-House every Morning except Sundays, upon the said Master Weigher, Supervisor or Supervisors of the said Common Beams, as by him or them shall be required for performing the said Service, according to the intent and meaning of this Act; And their Wages or Allowances for all Labour and Work by them done and performed, shall be paid unto such Porters by such Master Weigher, Supervisor or Supervisors, out of the Moneys to be by him or them received, for Weighing any Goods or merchandises at the Beams aforesaid. And be it further Enacted by the Authority aforesaid, That every Master Weigher. Supervisor or Supervisors, or other Officers, from time to time appointed for Weighing of any Goods or merchandises at the Beams aforesaid, or some of them, shall upon request and within convenient time after reasonable notice to him or them given, for the Weighing of any one or more draft or Draughts of Goods or merchandise,( the Person or Persons so requiring, undertaking to pay or satisfy the Charge of Carrying and Recarrying some one of the said Beams, together with the Triangles, Weights and Scales thereunto belonging) apply him or themselves to the Weighing thereof, upon pain of forfeiture of his or their Office or Deputation, being thereof Convicted, as aforesaid, for every such neglect or refusal. And it is hereby further Enacted by the Authority aforesaid, That the Weigh-house, situate, Standing and being in or near Little East-Cheap in the Ward of Billings-Gate within the said City of London, shall be deemed, as and for the Common Office for Tronage and Weighing of all Goods and merchandises, that shall be Sold within the said City or Liberties thereof, as aforesaid, and also shall be the only Market for the Buying and Selling of Hops. And be it further Enacted by the Authority aforesaid, That all and every the Penalties and Forfeitures in this Act mentioned, shall be Sued for and Recovered by Action of Debt, Bill, Plaint or Information to be Commenced and Prosecuted in the Name of the Chamberlain of the said City, for the time being, in any of the Courts of Record within the said City. And that one Moiety of all and every the Forfeitures and Penalties before mentioned, when recovered,( Charges of svit being first deducted) shall be paid to the Treasurer of the Corporation for the POOR within this City, for the use of the said Corporation: And the other Moiety of such Forfeitures and Penalties, to such Person or Persons, who shall Sue for the same, as aforesaid. And that the Prosecutor or Prosecutors in all Suits to be Prosecuted by virtue of this Act, against any such Offender or Offenders, shall recover his reasonable Costs of svit expended in and about the Prosecution thereof. And that the Chamberlain of the said City, for the time being,( where any Action is brought in his Name, by virtue of this Act) shall not Release, Suspend or Delay the Prosecution thereof. Provided, that nothing contained in this Act, shall extend to charge any Person or Persons whatsoever, for or by reason of any such Forfeitures, as aforesaid, unless such svit or Action shall be Commenced within the space of Six Months, next after such Offence is committed. And be it hereby further Enacted and Declared by the Authority aforesaid, That one Declaration touching the Weighing of Goods and merchandises at the King's Beams, with an Act of Common Council, entitled, An Act for the better Regulation of the Weighing of Goods and merchandises at the King's Beams, which were made the Thirteenth day of May, in the Year of our Lord 1681, in the time of the Mayoralty of Sir Patient Ward Knight, and all and every the Clauses and Branches in the said Declaration and Act, or either of them contained, are hereby Repealed, Annulled and made voided, to all intents and purposes whatsoever. Goodfellow. Printed by SAMUEL ROYCROFT, Printer to the Honourable City of LONDON, 1698. The Oath of every Free-man of the City of London, upon his Admission into the Freedom thereof. YE shall swear, that ye shall be good and true to our Sovereign Lord King WILLIAM, Obeysant and Obedient ye shall be to the Mayor and Ministers of this City. The Franchises and Customs thereof ye shall maintain, and this City keep harmless in that that in you is. Ye shall be contributory to all manner of Charges within this City, as Summons, Watches, Contributions, Taxes, Tallages, Lot and Scot, and to all other Charges, bearing your part as a Freeman ought to do. Ye shall Colour no Foreign Goods under or in your name, whereby the King or this City might or may lose their Customs or Advantages. Ye shall know no Foreigner to buy or sell any merchandises with any other Foreigner within this City or Franchise thereof, but ye shall warn the Chamberlain thereof, or some Minister of the Chamber. Ye shall implead or sue, no Freeman out of this City, whilst ye may have Right and Law within the same City. Ye shall take no Apprentice, but if he be Freeborn, that is to say, no Bond-mans Son, nor the Child of any Alien, and for no less term than for seven years, without fraud or deceit: And within the first year ye shall cause him to be Enrolled, or else pay such Fine as shall be reasonably imposed upon you for omitting the same. And after his Terms end, within convenient time( being required) ye shall make him Free of this City, if he have well and truly served you. Ye shall also keep the Kings Peace in your own person. Ye shall know no Gatherings, Conventicles nor Conspiracies made against the Kings Peace, but ye shall warn the Mayor thereof, or let it to your power. All these Points and Articles ye shall well and truly keep, according to the Laws and Customs of this City to your power. So God you help. God Save the King. FINIS.