❧ ANNO XXIII. HENRICI OCTAVI. The king our sovereign lord Henry the eight by the grace of god king of England and of France, defender of the faith, and lord of ireland at the session of his high Court of parliament after diuers prorogacions, holden at westminster the .xv. day. of january, in the .xxiii. year of his most noble reign to the honour of almighty god and holy church, & for the common weal and profit of this his realm, by the assent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, hath ordained established, and enacted certain good statutes laws and ordinances in maner and form following. woodcut title page THE TABLE. AN act that no person committing petty treason murder or felony shalbe admitted to his clergy under subdeacon. i. An act concerning where and under what maner the jails within this realm shal be edified and made. ii. An act conternynge perjury and punishment of vntrewe verdicts. iii. An act that no brewers of bear or ale shall make their barrels kilderkins and fyrkyns within them, and howe much the same barrels kylderkyns and fyrkyns shall contain. iiii. A general act concerning commissions of Sewers to be directed in all partes within this realwe. v. An act concerning before whom recognisaunces of debt shall be made, and the form of the obligation. vi. An act that the statutes made for the maintenance of the navy of this realm shall stand in full strength, and how gascon and French wines shalbe brought in, and the same and other be sold. vii. An act that the havens of Plymmonth Dartmouth Teyngmouth Falmouth and fowey in the counties of Deuonshyre and Cornwall shall be amended & maintained. viii. And act that no person shall be cited out of the Diocese, where he or she dwelleth, except in certain cases. ix. An act concerning feoffementes and assurance of lands or tenements to the use of any parish church, chapel, or such like. x. An act concerning breaking of prison by clerkes convict. xi. An act against taking of exactions for the paths by Seuerne side. xii. An act that men in cities borrows or towns, which be clearly worth. xl. li. in goods shall pass in trial of murders. xiii. process of outlarie to lye in actions of Anno. v. R. ii. in covenant and annuity. xiiii. An act that the defendant shal recover costs against the pleyntife, if the plaintiff be nonsuted, or if the verdict pass against him. xv. An act that no Englishe man shall sell, exchange, or deliver to be conveyed into Scotlande any horse, gelding, or mere, without the kings licence. xvi. An act concerning the true wyndyng of wolles. xvii. An act concerning pullynge down and avoiding of fyshegarthes, piles, stakes, heckes, and other engines set in the river and water of Ouse and Humbre. xviii. HENRICI OCTAVI. ¶ An act that no person committing petty treason, murder, or felony, shalbe admitted to his clergy, under subdeacon. i. Where at a parliament holden at westminster, in the .iii. year of king Edwarde the first, the same king moved the prelates of the realm, and them enjoined vpon their faith, that they owed to him, that in no wise they should deliver those clerkes, which were indicted for felony, without due purgation, so that the said king should haue no need to put other remedi in that behalf. And that notwithstanding after that monicion dyvers and many clerkes convict were accustomably delivered and suffered to make their purgacions, to the great courage of evil doers: By occasion whereof afterward at an other parliament holden at westminster in the .iiii. year of king Henry the .iiii. vpon the complaint of the commons the same king Henry the fourthe than advertised the prelates of the realm of the premises, intending than to haue provided remedy, by authority of the said parliament, as appertained to his prerogative royal, for the conservation of the peace of the crown: At which time the archbishop of Canterbury, for himself and all other bishops of his province than openly promised to the same king Henry the .iiii. that if any person from thence forth were convict of any treasonne, which touched not the king nor his royal majesty, and such as were notoriously known and reputed for thieves, and for such cause delivered to any ordinary as a clerk convict, that the ordinary, to whom such person or personnes were delivered, should safely keep them after the effect of a constitution provincial to be made by the said archbishop and bishops after the effect of the letters of simon than afore that time archbishop of Canturburye, bearing date the .xii. kalendies of march, the year of our lord god a. M.CCCl. and that no such traitor nor fellow should make his purgation again the said constitution, which constitution the said archbishop than promised to deliver to the same king before his next parlyamente, to thentent that if it should seem to the same king, that the same constitution were not sufficient remedy for the premises, that than the said king might provide such remedy as should appertain in that behalf. sithence which time the same constitution was never notified ne shewed by the prelates of this realm, but continually sithence that time manifest thieves and murderers indicted and found guilty of their misdeeds by good and substantial inquests vpon plain and profeable evidence before the kings Iustices, and afterward by the usages of the common laws of the land delivered to the ordinaries as clerkes convict, be speedily and hastily delivered and set at large by the ministers of the said ordinaries for corruption and lucre, or else because the ordinaries enclaiminge such offenders by the liberties of the church, will in no wise take the charges in save keeping of them, but little regarding the trial and conviction of the said offenders, by the due and plain course of the common laws of the land, do suffer them to make their purgacions by such as nothing know of their misdeeds: and by such fraud adnull and make void all the good and prouable trial that is used again such offenders by the kings laws, to the great disclaunder of such as pursue such misdoers, and to the pernicious example, increase, and courage of such offenders, if the kings highnes by his authority royal put not speedy remedy in the premises as appertaineth. ¶ Be it therfore enacted by the king our sovereign lord, and the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that no person nor persons, which hereafter shall happen to be found guilty after the laws of this land for any maner of petty treason, or for any wilful murder of malice pmpensed, or for robbing any churches, chapels or other holy places, or for robbinge of any person or persons in their dwelling houses or dwelling place, the owner or dweller of the same house, his wife, his children, or servants than being within, and put in fear and dread by the same, or for robbing of any person or persons in or nere about the high ways, or for wilful burning of any dwelling houses or barns, wherein any grain of cornes shall happen to be, nor any person or persons being found guilty of any abbettement, procurement, helping, mainteininge, or councellinge of or to any such petty treasons murders or felonies, shall from henceforth be admitted to the benefit of his or their clergy, but utterly to be excluded therof and suffer death in such maner and form as they should haue done for any the causes or offences abovesaid, if they were no clerkes. such as be within holy orders, that is to say of the ordes of subdeacon or above al onely except. ¶ And be it further enacted by authority aforesaid, that every such person and persons within such orders of subdeacon or above, which at any time hereafter be found guilty of any petty treason, or of any murder, of malice pmpensed, or of any of the felonies above rehearsed, or of any accessary to petty treason, wilful murder, or to any other the felonies above specified, and admitted to his or their clergy, and delivered to the ordinary for the same, shall not in any wise from henceforth be suffered to any purgation, nor be set at liberty, but remain and abide in perpetual prison, under the keeping of the ordinary, to whom he shalbe committed and his successors, without any maner purgation during the natural life of every such convict, except onely such person or persons so being within such holy orders and convict, of or for any of the offences afore said, and delivered to the ordinary for the same, do finde two sufficient sureties by recognisance before two of the kings Iustices of his peace within the same shire, where the petty treason, murder, or felony, whereof he was convicted, was committed and done, whereof one of them to be of the Quorum, that such convict shall be of good abearynge against the king our sovereign lord, his laws and subiectes, every such convict to be bound in the sum of .xl. li. and every his sureties in. xx.li. And that no surety be taken unless such as may dispend in lands tenements or hereditaments yearly above all charges of estate of inheritance of charter hold, xxvi. s. viii. d. or else be worth. xx.li. in movable substance at the time of the taking of such recognisance. And that two Iustices of peace, whereof one to be of the Quorum, by authority aforesaid haue power and authority to take such recognisance. And that the said Iustices, afore whom any such recognisance shall be taken, shall certify the same into the kings bench within .iiii. months next after the taking therof, vpon pain to lose and forfeit. C. s. for every default therof. ¶ provided alway, that this act extend not to give any benefit to any such person or persons, which after their confession, or iudgement given again them of or for felony or murder, or after they be outlawed for any such cause be admitted to their clergy and delivered to the ordinary for the same, but that they and every of them shall remain in the custody of the ordinaries without making purgation, upon such peril and in such maner and form as it was used by the common lawe before the making of this present act, this act or any thing therein contained not with standing. ¶ provided always, and it is further enacted, that every ordinary, to whose custody any such convict for any of the offences above rehearsed shall be committed, may at his liberty disgrade every such convict after the laws of the church, if he se cause so to do, and send the convict so disgraded in sure and safe keeping into the kings bench with a certificat under his seal testifiynge the said disgradinge, vpon the which the Iustices of the kings bench, having afore them the record, vpon the which the said person so disgraded was first convict, shall give such like iudgement of death vpon the same record against every such person so convict and disgraded, as the Iustices afore whom he was convict might haue done: if the said person so disgraded at the time of his conviction afore them had be no clerk, his admission to his clergy, and committynge to the ordinary, ne any other thing use or custom to the contrary hereof not withstanding, And that every such iudgement shall be executed accordingly. And that every ordinary so sending any such convict disgraded into the kings bench shall be discharged again the king our sovereign lord, his heirs and successors of or for any further custody or keeping of the same convict. ¶ This act to continue unto the last day of the next parliament. ¶ An act concerning where and under what maner the jails within this realm shall be edified and made. ii. FOr as much as it is necessary and commendable, that common tails and prisones, whereunto evil doers shall be committed for their offences, should be surely and substantially edified in such towns in every shire within this realm as shall be most indifferent for conveyance of prisoners from every parte of the shire wherein such jails shal be, and in especial in those towns, where most commonly the assizes and sessions been usually kept, and where there is most resort and repair of people to thentent that by the mean therof fewer shall escape, and also the rather and oftener relief and charity of the people shall be to the prisoners ministered: It may therfore please the kings highness with thassent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same to enact that the Iustices of peace of every of the shires of Essex, Suff. Dors. Sussex, Surrey, Notingham, Glouc. bedford, Buck. Huntingdon, Wiltes. Kent, Warwyke, Stafforde, Oxen. Barks. Leicester, rutland, lincoln, hereford, Northampton, Salop, Norff. and Cornwall, or the most parte of the said Iustices of peace in every of the said shires within the limits of their commission, shal haue full power and authority to limit and appoint at any time within the term of one year from the end of this present parliament the towns and places wherein they shall think most necessary to haue a common jail newly edified and made. And that also the said Iustices of peace in every of the said shires, or the most parte of the said Iustices of peace within the limits of their commission shall haue full power and authority to call before them at times and places by them to be appointed, all the high constables, tithing men, or borough holders of every hundred, lethe, or wapentake in the shire, whereof they be Iustices, and in their presence and by their assents and agrementes, or in the presence and by thassente of the most parte of them shall conclude and agree vpon such convenient and certain sums of money, as shall be thought by their discreacions and by examination of work men to suffice for the making and perfect fynisshynge of a new jail in the shire, whereof they be Iustices of peace, and thereupon shall forthwith by their assents agreements and discrecions tax and set every such person and persons, as than shall be resiant in the same shire, as well within liberties as without, having lands, tenements, rents, or annnities of estate of inheritance, or for term of life to the clear yearly value of .xl. s. or above, or being worth in movable substance the clear value of .xx. li. or above, to such reasonable aid and sums of money as shall be thought convenient by their discrecions to and for the full building making and finishynge of the said common jail of the shire, where such assessment shall be made. And after such taxacion to name and appoint such number of collectors for the leuieng therof, as shall seem best by their discrecions. And that the said collectors and every of them shall haue power and authority to distrain every such person as shall be set or taxed by the said Iustices of peace as is afore said in their lands or goods, as well within liberties as without, and to sell the distresses by them taken by thappreysement of .iiii. honest persons for the payment of the said sums to be taxed, if the person or persons taxed refuse to pay the same within .x. daies next after such distress taken, taking vpon every such sale but onely the money taxed, with reasonable costs for taking of the distress: and the overplus of such sales to be delivered to the owner of the said distress. And that also the said Iuistices of peace in every of the said shires, or the most parte of them, within the limits of their commission, shal haue power and authority to name and appoint two honest persons inhabited in the said shire, wherein they be Iustices, which .ii. persons shall survey, se, and provide, that the said jails shall be surely and substantially made and finisshed: to whose hands the said collectors shall pay and deliver the money by them collected of the kings subiectes by the appointment and assignment of the said Iustices of peace or .vi. of them at the least. And that as well every of the said collectors as every of the said .ii. persons to be name, their heires, executours, and administrators shall declare a true and a just account to the said Iustices of peace in every of the said shires, or to .vi. of them at the least from time to time when they shal be required. And in case any of them refuse to make account, or refuse to pay and employ such sums of money as shall come to their hands, in such wise as shall be limited and appointed by the said Iustices of peace or .vi. of them( as is aforesaid) that than the same Iustices of peace or .vi. of them in every shire, where such jails shall be new made, shall haue full power and authority, if the said offenders be present to commit them to ward, and if they be absent to make attachementes under their seals by their discrecions again every such collector and person, to whose hands any of the said sums of money taxed shall happen to come, their heires executours and administrators and every of them, into every shire and parte of this realm, as well within liberty as without, to be returnable afore the said Iustices of peace, at such day and place as by them shalbe appointed, and to be directed to the sheriff or sheriffs of the shire, wherein the party or parties, again whom such attachment shalbe directed, shal be resident and abiding, if it be within the bailiwick of the sheriff, and if it be without, than to be directed to the baylie of the libertee, wherein such party shall abide. And that every sheriff and bailiff of liberty, to whose hands such attachementes shall come, without favour or corruption shall attach the said offenders, and personally bring them before the said Iustices according to the tenor of thattachement to them directed, or else declare by his return of the said attachment some reasonable cause why he can not so do, vpon pain for every default by them or any of them committed contrary to this act to lose & forfeit. C. s. to the king our sovereign lord: and vpon the apparance of every such person so attached the said Iustices or .vi. of them shall haue full power and authority to commit them to prison, there to remain without bail or mainprize till they haue truly accounted and paid all such sums of money as came to their hands by the assignment of the said Iustices by authority of this act. And in case there happen to remain any overplus of money after the jails fully and wholly finished, than it is ordered, that the same overplus shalbe employed and bestowed in alms to the prisoners to be committed to the said jail by the discrecions of the said Iustices of peace or the more parte of them, as long as it will last. ¶ provided alway, that this act extend not to charge any persons inhabited within any cities towns or borrows corporate, which haue common jails for felons taken in the same, & haue iustices of peace for deliverance of such felons, for any taxes or lots to the making of the said common jails of any the shires above name, but that every such inhabitant in any such city town or borrow corporate shal be utterly discharged therof. ¶ And be it further enacted that several commissions under the kings great seal, with this present act thereto affiled, shall be directed to the Iustices of peace of the shires afore name, auctorising them to accomplish and execute this present act according to the tenor therof in every behalf, and that the said Iustices of peace in every of the shires afore name haue power and authority to limit to every of the said collectors, and persons by them to be name, that shall take pains for leuieng of the money taxed or for the surueyeng of the making of the said jails, such reasonable sums for their pains and labours for the collection of the said money and surueyng the making of the said jails. ¶ And be it further enacted by the authority aforesaid, that all murderers and felons shalbe imprisoned in the said common jails, and not else where. And that the sheriffs shall haue the keeping and charge of the same new jails: and that every sheriff be allowed vpon his account in the exchequer for all & every such sums of money as he shal hereafter happen to expend in & about the necessary reparations or amendmentes of the said jails, after they be ones made from time to time as often as need shall require: and that the barons of the kings exchequer haue power to a●ow every shirif in every such case by their discrecions without any bill or warrant to bee sewed from the kings highnes in that behalf. ¶ provided always that this act be not in any wise hurtful or prejudicial to any person or persons having any commen jails by inheritance for term of life or for yeres, but that they shall haue and enjoy their said jails and the profittes fees and commodities of the same as they had or might lawfully haue had before the making of this act, and as if this act had never ben had ne made. ¶ Be it further enacted by authority aforesaid that like provision in every behalf be had for a new Gayle to be made within the county of Derby in like form as is provided for other shires aforesaid. ¶ An act concerning perjury and punishment of untrue verdicts. iii. THe king our sovereign lord of his most godly and gracious disposition calling to his remembrance how that perjury in this land is in manifold causes by unreasonable means detestably used to the disheritaunce and great damage of many and great nombre of his subiectes, well disposed, and to the most high displeasure of almighty god. The good statutes against all officers having return of writtes & their deputies making panelles parcially for rewards to them given, against unlawful maintenours embrasours and Iurours, and against Iurours vntruely giving their verdict not withstanding. For reformation whereof, and for as much as the late noble king henry the seventh, provided remedy for the same by a statute made in the .xi. year of his reign, which statute is now expired. Be it therfore now enacted by the king our sovereign lord and the lords spiritual and temporal and the commons in this present parliament assembled, and by authority of the same that upon every untrue verdict hereafter given betwixt party and party, in any suite, plaint, or demand, before any Iustices or Iudges of record, where the thing in demand and verdict thereupon given extendeth to the value of .xl. li. and concerneth not the indemnify of mans life, the party grieved by the same verdict shall haue a writ of attaint against every person hereafter so giving an untrue verdict and every of them, and against the party, which shall haue iudgement vpon the same verdict. And that in the same attaint, there shall be awarded against the petit jury, the party, and the grand jury Somons Resom̄ and distress infinite, which grand jury shall be of like number as the grand jury is now in atteinte, and every of them, that shall pass in the same, shall haue lands and tenements to the value of twenty marks by the year of freehold out of the ancient demean. And upon the distress which shall bee delivered of record upon the same open proclamation to bee made in the court there, The distress shall bee awarded more than fifteen daies afore the return of the same distress, and every such distress shall be made vpon the land of every of the said grand jury as in other distress is & hath ben used. And if the said party defendant or the petite Iurours or any of them appear not vpon the distress, than the grand jury to be taken against thē and every of them that shall so make default. And if any of the said petit jury appear, than the party complainant in that behalf shall assign the false serement of the first verdict vntruely given, whereunto they of the petite jury shall haue none answer, if they be the same persons, and the writ process return and assignment good and lawful, except that the demandant or plaintiff in the same attaint hath afore ben nonsute or discontinued his suit of attaint taken for the same, or hath for the same verdict in a writ of atteynt had iudgement against the said petite jury, but only that they made true serement, which issue shall be tried by .xxiiii. of the said grand jury, and the party shal plead, that they gave true verdict, or any other matter, which shall be a sufficient bar of the said atteynt. And that plea not withstanding the grand jury to be taken with out delay to inquire whether the first jury gave true verdict or no. And if they find that the said petite jury gave an untrue verdict, than every of the said petit jury to forfeit .xx. li. whereof the one half shall be to the king our sovereign lord, and the other half to the party that sueth. And over that, that every of the said petite jury shall severally make fine and ransom by the discretion of the Iustices, before whom the said false serement shall be found after their several offences defaults and sufficiency of every of the said petite jury. And after that, that those of the said petite jury so attainted shall never after be in any credence, nor their oath accepted in any court. And if such plea as the party pleadeth, which is a bar of the said attaint, be found or deemed against him that so pleadeth, than the party that so sueth shal haue iudgement to be restored to that he lost with his reasonable costs and damages. ¶ foreseen alway that any vtlarie in action or cause personal, or excommengement pleaded or alleged in the party plaintiff or demandant shal be taken but as void plea, and to that he shall not be put to answer. And that in all the aforesaid process such day shall be given as in a writ of Dower, and none essoing or protection to lye nor to be allowed in the same. And if the said grand jury appear not vpon the first distress had against them, so that the jury for their default do remain, he that maketh default shall forfeit to the king .xx. s. and vpon the second distress .xl. s. and after making default for every such default .v. li. And like penalties and forfeitures to be against them and every of them that shall be name in the Tales, as is afore expressed against every of the said grand jury aforesaid. And that for and by the death of the party or any of the said petit jury, the said attaint shall not abate nor be deferred against the remenant, as long as two of the said petite jury be alive. ¶ And if hereafter any false verdict be given in any action suite or demand afore any Iustice or judge of record of any thing personal, as debt, trespass and other like, which shall be under the value of .xl. li. that than the party grieved shall haue attaint with such process & pleas as is afore rehearsed, and delays to be taken away as is afore remembered: except that in this case of attaint every person of the grand jury that may dispend .v. marks by the year of freehold out of ancient demene, or is worth an hundred mark of goods and cattels, shalbe able to pass in the same attaint. And if the petit jury be attainted, that than they shal in this case of attaint every of them to forfeit .v. li. whereof one half shall be to the king, and the other half to the party, after the form afore rehearsed, & over that to make fine and ransom by the discretion of the Iustices, as is aforesaid. ¶ And if there be not persons of such sufficience within the shire or place where any of the said atteintes shall be taken, as may pass in the same: be it ordained by the authority above said, that than one Tales shal be awarded into the shire next adioinyng by the discrcion of the Iustices, afore whom the same atteintes shalbe taken, which shalbe warned to appear vpon like pains as is aforesaid, and enabled to pass in the said atteintes, as if they were dwelling in the shire, where the same attaint shalbe taken. And that the same laws action and remedy ordained by this present act be kept for and to all them that shalbe grieved by such untrue verdites of any inheritance, in discent reversion remaindre, or of any freehold in reversion or remaindre. And if the party in attaint given by this act be nonsuit, or the same discontinue, that than the same party so nonsuit or so discontinuyng the said attaint make fine and ransom by the discretion of the iustices afore whom the said attaint shall be taken and depending. ¶ And that all atteintes hereafter to be taken, shalbe taken afore the king in his bench, or afore the iustices of the common place and in none other courts. And that Nisi prius shalbe granted by discretion of the iustices vpon the distress, and every of the said petit jury may appear & answer by attorney in the said attaint. And that the moite of the said forfeiture of the petite jury shalbe levied to th use of our sovereign lord by Capias ad satisfaciend. or Fieri fac. or Elegit, or by action of debt against every person of the petit jury so forfaitinge, and against his executours & administrators having than sufficient goods of their said testator not administered and the other moiety shall by like process be levied to the use of the party that sueth any attaint given by this act against every of the said petite jury and his executours or administrators, having than sufficiency of goods as is aforesaid not administered: and the iudgement of restitution to the party grieved suing this act & execution of the same to be had, & like judgment for the party defendant or tenant to be discharged of restitution, as afore this present act in case of a grand attaint hath ben used. and if there be diuers pleintifes or demandantes in attaint, that the nonsuit or release of any of them shall not be in any wise hurtful or prejudicial to the residue, but that they and every of them in such cases may be som̄ and severed like as it is used when there by dives demandantes in actions real. ¶ Be it also ordained & enacted by thauctoritee abovesaid, that in every writ of attaint hereafter to be taken by or vpon this act, the which shal be such as other writtes of attaint be, and after the Teste of the same writ shall be written these words in latin: Per statut. continuat. vsque annum vicesimum tertium dni Henr. octavi dei gratia Anglie & Franc. regis, fidei defence. & domini Hiber. ¶ And it is also enacted, that this act shall take effect for verdicts hereafter to be given and to continue to the last day of the next parliament. ¶ provided alway, that this act be not prejudicial to a statute made in the .xi. year of the late king of famous memory Henry the .vii. for punishment of perjury in untrue verdicts given in plaints sued in the courts of the city of London, but that it shall be at the liberty of all persons for and vpon any untrue verdict given in any courts of the same city, to sue their attaint vpon this statute, or else vpon the said statute made in the said .xi. year at their own pleasures and wills. ¶ An act that no brewers of bear or ale shall make their barrels kilderkins nor firkins within them, and how much the same barrels kilderkins and firkins shall contain. iiii. WHere the ale brewers and bear brewers of this realm of england haue used & daily do use for their own singular lucre profit & gain to make in their own houses their barrels kilderkins & firkins of much less quantity, content rate and assize than they ought to be, to the great hurt prejudice and damage of the kings liege people, and contrary to diuers acts statutes ancient laws & customs heretofore made had and used & to the destruction of the poor craft or mystery of coupers. For reformation whereof be it enacted by the king our sovereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that no bear brewer nor ale brewer, that shall brewe to sale bear or ale shall from henceforth occupy by himself, nor by any other to his use in his house nor else where the mystery or craft of coupers, nor make any barrels kilderkins fyrkins or other vessles by himself, nor by his or their own servants, whereby they shall put their bear or ale to sale, but that all such barrels kilderkins and other vessels of wood, wherewith they shall put their bear or ale to sale, shall from henceforth be made & marked according as hereafter shal be expressed by the common artificers of coupers exercised & practised in the said occupation, vpon pain to forfeit & pay for every such barrel kilderkin firkin or other vessel, hereafter to be made contrary to the tenor of this act .iii. s. iiii. d. ¶ And be it also enacted, that every artificer of the craft or mystery of coupers, that woll exercise or practise to make any of the said vessels for bear or ale to be put to say, shall make the same vessels and every of them of good and seasonable wood, and put his proper mark vpon every of them. And that every barrel for bear shall contain .xxxvi. gallons, every kylderkyn for beer .xviii. gallons, and every firkin for bear nine gallons of the kings standard gallon. And that every barrel for ale shall contain xxxii. gallons, every kylderkin for ale .xvi. gallons, and every firkin for ale viii. gallons of the kings standard gallon. So that they shall be of good and just measure, or elles above and not under, And that no couper shall make any other vessel for bear or ale to be sold within this realm of any greater or lesser number of gallons than is abovesaid, oneles he shall cause to be marked vpon every such vessel, that he shall so make of greater or lesser number of gallons, the true and certain number of as many gallons as every such other vessel shall contain, to thentent that every person may know the content therof. ¶ And that no such artificer of coupers shall enhance the prices of any such barrels kilderkins firkins or other vessels in the sale of them to any ale brewer or bear brewer or other person, but keep the rates of such prices as hereafter ensueth, and not above vpon pain to forfeit for every barrel kilderkin and firkin defective or enhanced in price in any point contrary to this act .iii. s. iiii. d. That is to say for every bear barrel .ix. d. For every bear kilderkin .v. d. and for every bear firkin .iii. d. And the ale barrel xvi. d. and the ale kilderkin .ix. d. and the ale firkin .v. d. ¶ And be it further enacted by the said authority, that no bear brewer nor ale brewer at any time after the feast of Lammas now next coming shall put their bear or ale to sale to any person or persons to be spent and occupied within this realm in any other barrels, kylderkins, fyrkyns, or other vessels of wood, other then shall be made and marked by an artificer of coupers abovesaid, whereof every barrel for bear shall contain and hold .xxxvi. gallons, every half barrel or kilderkin .xviii. gallons, and every firkin .ix. gallons. And every barrel for ale shall contain .xxxii. gallons, every kilderkin .xvi. gallons, and every firkin .viii. gallons of full and just measure or above, and not under that measure. And that every bear brewer and ale brewer shall not take over and above for every such barrel kilderkin or firkin of all and beer, but after such prices and rates as shall be thought convenient and sufficient by the discreasions of the Iustices of peace within every shire, where such bear brewer and ale brewer shall dwell without any city borrow or town corporate, where no head officers, as mayres, bailiffs, sheriffs, and other head officers haue none authority nor rule, & in every city borrow and town where there be maires sheriffs or other head officers, the same rates & prices to be name and cessed by them & every of them by their discrecions. And that the said ale brewers or bear brewers at any time hereafter shall not sell their bear nor ale at any higher rates or prices than shall be to them assigned after the form above rehearsed, vpon pain to lose and forfeit for every barrel so put to sale contrary to this statute .vi. s. for every half barrel or kylderkyn. iii. s. iiii. d. and for every firkin .ii s. and for every vessel containing greater number of gallons .x. s. and for every other vessel containing lesser number of gallons .xii. d. The one half of all the which penalties and forfeitures to be to the king our sovereign lord, and the other half to him that will sue for the same, by action of debt bill plaint or information in any of the kings courts, in which action and suite the defendant shall not wage his lawe, nor any essoin, protection, or privilege to be admitted. ¶ Be it also further enacted by the said authority, that all maner of soap makers within this realm of england, which shall put to sale any soap by barrel half barrel firkin or other vessel, shall from Lammas now netxte coming make or cause to be made their barrels half barrels firkins and other vessels according to the rates contents receipt and assizes of old time used and accustomend, that is to say, every empty barrel to hold and conteigne .xxxii. gallons or above, and to be in weight .xxvi. pounds, and not above of full and just measure: and every half barrel empty to be in weight. xiii.li. and not above, and to hold and contain .xvi. gallons or above: and every firkin empty to weie. vi. pounds and an half and not above, and to hold and contain .viii. gallons or above, vpon pain of forfeiture for every such barrel half barrel firkin or other vessel hereafter to be made had or used contrary to this act .iii. s. iiii d. ¶ And also be it enacted by the authority aforesaid, that the wardens of thoccupacion or mystery of coupers within the city of London from henceforth at all times hereafter when they shall think convenient & expedient, taking with them an officer of the maires, shall haue full power and authority by virtue of this act, to search vyewe and gauge all maner of such barrels kylderkins firkins and other vessells to be made or occupied for ale bear and soap to be put to sale within the city of London, and suburbs of the same, and within two miles compass without the same suburbs, to view, and se that the same barrels kilderkins firkins and other vessels, as well within liberties as without be made and marked well and sufficiently, and bear and contain their true contents rates and measures according to theffect of this statute: And also to mark every such barrel kylderkin firkin and other vessel by them so viewed and gauged bearing & containing their true contents, with the sign & token of saint Antonies cross. The same wardens to haue for the search and gauging of every such barrel kilderkin firkin and other vessel by them so searched viewed gauged & marked one ferthing, and not above, of the owners or makers of the said vessels. And shall and may haue authority by virtue of this act to retain every such vessel as they shall so gauge search and mark, unto such time as they shall be satisfied thereof. And in case they shall finde any of the said vessels defective, not bearing their true contents, that than by authority of this act they may seize take and retain every such vessel, and cause the same to be marked or amended according to the true content, or else cause the same to be burned. And also the party owner of such vessel to lose and forfeit for every such vessel not being of the full contents after the rate above expressed .xii. d. to be recovered and employed as is abovesaid. ¶ And be it further enacted by the said authority, that in all other cities borrows and towns, wherein no such wardens of coupers be, that the mayres sheriffs bailiffs constables or other head officers in such cities borrows and towns shall haue power and authority to search view and gage all such barrels kylderkins fyrkyns and other vessels to be made hereafter in any such city borrow or town, and to haue and take all such advantage thereby and in like maner and form as the wardens of coupers within the city of London or other persons by this act should or may haue or take on every behalf. ¶ provided always, that every bear brewer may keep in his house one or two servants of the mystery or craft of coupers, to hoop and amend his barrels kilderkins fyrkins and other vessels, wherein they shall put their bear to sale from time to time, this act or any thing therein contained to the contrary in any wise not withstanding. ¶ And be it further enacted by the said authority, that if any person at any time after the said feast of Lammas next coming, do minish or cause to be minisshed any maner of barrel kylderkin or firkin to the deceit of any the kings subiectes by reason of taking out the head of any such vessel, or taking out of any staff out or from any such vessel, that than every such vesselle to be brent, and thoffender to forfeit for every such offence .iii. s. iiii. d. the one moiety thereof, to be to the king our sovereign lord, and tother moiety therof to him or them of the kings subiectes that woll sue for the same, to be recovered in maner and form above rehearsed. And the party so offending to be further punished by the discretion of the head officer or officers, before whom such default shalbe presented. ¶ It is enacted by the authority of this present parliament, that not withstanding any thing contained in this act of brewers and coupers, whereunto this Cedule is annexed, it shall bee lawful to every alebrewer mentioned in the same act, to haue and retain in his service one person of the mystery or craft of coupers, to exercise in his service the craft of a couper, only in binding houpinge and pinnynge his maisters ale vessels recited by the said act, and in none otherwise to use or exercise any making of vessels concerning the craft or mystery of a couper, whiles that he is in the service of any ale brewer. Also it is enacted, that every couper, which hereafter shall make any ale vessel specified in the said act, shall from the feast of Penthecost next coming make every such vessel according to the assize specified in the treatise called Compositio mensurarum, that is to say every barrel for ale contain .xxxii. gallons of the said assize or above, of the which .viii. gallons make the common bushel to be used in this realm of england, every kylderkin for ale xvi. gallons of the said assize or above, and every firkin .viii. gallons of assize or above, vpon pain of forfeiture of .iii. s. d. for every of the same vessels by him vntruely made contrary to this act: the one half of the same forfeiture to be to the king, and tother to him that will sue for the same by action of debt bill plaint writ or otherwise, In which action none essoing protection or wager of lawe shall be allowed. ¶ And be it also enacted, that every couper mark his vessel with his own mark, vpon pain of .iii. s. iiii. d. to be levied and recovered after like maner and form as is above said. And that no maner of person in the search making for the true gaugyng of any such vessels, shall put out the ale of any such vessel, whereby the same ale shalbe the worse. And that it shall be lawful to every ale brewer to bring carry and cause to be brought and carried their ale to the households of our sovereign lord the king, the queen, the princes, and to every archebyshoppes, bishops, dukes, markesses, Erles, barons, or other honourable mennes houses in tons, butts, pipes, hoggesheades, or other vessels of greater or larger quantity than is expressed in this present act, as before time hath ben used in that behalf. And also it shall be lawful to the said ale brewers to bring carry or cause to be brought conueyde or carried their ale to every mans house in barrels kylderkyns and fyrkyns bearing and holding their true contents according to the purport and effect of this present act, any thing contained in the same act to the contrary hereof not withstanding. ¶ A general act concerning commissions of seweres to be directed in all parties within this realm. v. our sovereign lord the king like a virtuous and most gracious prince, nothing erthli so highli weiyng as the aduancyng of the common profit wealth & commodity of this his realm, considering the daily great damages & losses, which haue happened in many & diuers parties, of this his said realm, as well by the reason of the outrageous flowing surges & course of the sea, in & vpon marsh grounds & other low places heretofore through politic wisdom won and made profitable for the great common wealth of this realm, as also by occasion of land waters and other outrageous springs in and vpon meadows pastures and other low grounds adjoining to rivers floods, and other water courses: And over that by and through mills myldammes wears fisshgarthes kedels gores gootes floodgates looks and other impediments in and upon the same rivers and other water courses, to be inestimable damages of the common wealth of this realm, which daily is likelye more and more to increase, unless speedy redress and remedy be in this behalf shortly provided: wherein all be it that dyvers and many provisions haue been before this time made and ordained, yet none of them are sufficient remedy for reformation of the premises, hath therfore by deliberate advise and assent of his lords spiritual and temporal, and also his loving commons in this present parliament assembled ordained established and enacted, that commissions of sewers and other the premises shall be directed in all parties within this realm from time to time, where and when need shall require according to the maner form tenor and effect hereafter ensuing, to such substantial and indifferent persons as shall be name by the lord chancellor and lord treasurer of England, and the two chief Iustices for the time being, or by three of them, whereof the lord chancellor to be one. ¶ Henry the .viii. &c. know ye that for as much as the walls dythes banks gutrures sewers gotes calceies bridges streams and other defences by the costs of the sea, and marsh ground being and lyenge within the limits of. A.B. or C. in the county of counties of 〈◇〉 or in the borders or confines of the same, by rage of the sea, flowing and reflowynge, and by mean of the trenches of fresh waters descending and having course by dyvers ways to the sea, be so dirupte lacerate and broken, And also the common passages of ships balengers and botes in the rivers streams and other floods within the limits of. A.B. or C. in the county or counties of 〈◇〉 or in the borders or confines of the same by mean of setting up erectynge and making of streams milns brydges ponds fyshegarthes myldammes lokkes hebbynge wears heckes and floodgates, or otherlyke lets impediments or annoiaunces be letted or interrupted, So that great and inestimable damage for default of reparation of the said walls dyches banks fences sewers gootes guttures calceies bridges and streams, And also by mean of setting up erectynge making and enlargeynge of the said fishegarthes myldammes locks hebbynge wears heckes floodgates and other like annoisances in times paste, hath happened, and yet is to be feared, that far greater hurt loss and damage is like to ensue, unless that speedy remedy be provided in that behalf. We therfore for that by reason of our dignity and prerogateue royal we be bound to provide for the safety and preservation of our realm of England, willing that speedy remedy be had in the premises, haue assigned you and six of you, of the which we will that A. B. and C. shall be three to be our Iustices to survey the said walls streams ditches bankes gutters sewers gotes calceis bridges trenches milns mildammes floodgates ponds locks hebbing wears and other impediments lets and annoisances afore said, and the same cause to be made corrected repaired amended put down or reformed, as case shall require after your wisdoms and discrecions, And therein as well ordain and do after the form tenor and effect of all and singular the statutes and ordinances made before the first day of march. in the .xxiii. year of our reign, touching the premises or any of them, as also to inquire by the oaths of the honest and lawful men of the said shire or shires place or places, where such defaults or anoisances be, as well within the liberties as without( by whom the trouth may the rather be known) through whose default the said hurts and damages haue happened, and who hath or holdeth any lands or tenements or common of pasture or profit of fishinge, or hath or may haue any hurt loss or disauauntage by any maner of means in the said places, as well nere to the said dangers lets and impediments, as inhabiting or dwelling there abouts by the said walls ditches banks gutters gotts sewers trenches and other the said impediments and anoysances. And all those persons and every of them to tax assess charge distrain and punish as well within the metis, limits and bounds of old time accustomend or otherwise as else where within our realm of england, after the quantity of their lands tenements and rents by the noumbre of acres and perches, after the rate of every persons portion tenor or profit, or after the quantity of their commune of pasture or profit of fysshyng or other commodities there by such ways and means and in such maner and form, as to you or .vi. of you, whereof the said A. B. and C. to be three, shall seem most convenient to be ordained and done for redress and reformation to be had in the premises: And also to reform repair and amend the said walls ditches banks gutters sewers gotes calceis bridges streams and other the premises in all places needful: and the same as often and where need shall be to make new, And to cleanse and purge the trenches sewers and ditches in all places necessary, And further to reform amend prostrate and overthrow all such mills streams pounds locks fysshgarthes hebbynge we●res and other impediments and anoysaunces aforesaid, as shall be found by inquision or by your surueiynge and discreasions to be excessive or hurtful. And also to deputy and assign diligent faithful and true keepers bailiffs surueiours collectors expenditours and other ministers and officers for the sauetie conservation reparation reformation and making of the premises and every of them, and to here the account of the collectors and other ministers of and for the prerequisite and leyenge out of the money that shall be levied and paid in and about, the making repayringe reformynge and amending of the said walls ditches banks, gutters, gotes, sewers calceis, bridges, streams, trenches, milles, ponds, locks, fishgarths, fuld gates and other impediments and anoysaunce aforesaid. And to distrain for the arrearages of every such collection tax or assess as often as shall be expedient, or otherwise to punish the debtors and deteiners of the same by fines amerciaments pains or other like means after your good discrecions. And also to arrest and take as many carts, horses, oxen, beasts, and other instruments necessary, and as many work men and labourers as for the said works and reparation shall suffice, paieng for the same competent wages salary and stipend in that behalf: And also take such & as many trees, woods, vnderwodes and timber and other necessaries as for the same works and reparations shall be sufficient at a reasonable price by you or six of you, of the which we will that A.B. and C. shal be three to be assessed or limited as well within the limits and bounds aforesaid, as in any other place within the said county or counties nere unto the said places: and to make and ordain statutes ordinances and provisions from time to time as the case shall require for the safeguard, conservation, redress, correction and reformation of the premises and of every of them, and the parties lying to the same necessary and behouefull after the laws and customs of Romney marsshe, in the county of Kent, or otherwise, by any ways or means after your own wisedoms and discrecions. And to here and determine all and singular the premises, as well at our suite as at the suite of any other what so ever, complaininge before you or .vi. of you: whereof A.B. and C. shall be three, after the laws and customs aforesaid, or otherwise by any other ways and means after your discrecions. And also to make and direct all writtes precepts, warrants, or other commandements by virtue of these presentes, to all sheriffs, bailiffs, and all other ministers, officers, and other persons, as well within liberties as without, before you or six of you, whereof the said A. B. and C. to be three, at certain daies, terms, and places to bee prefixed, to be returned and received. And further to continue the process of the same, and finally to do all and every thing and things, as shall be requisite for the due execution of the premises by all ways and means after your discrecions. And therfore we command you that at certain daies and places, when and where ye or six of you, whereof the said A.B. and C. to be three, shall think expedient, ye do survey the said walls, fences, ditches, banks, gutters, gotes, sewers, calceis ponds, bridges, riuers, streams, water courses, milns, locks, trenches, fishgarths, floodgates and other the letters impediments and anoisances aforesaid, and accomplisshed fulfil here and determine all and singular the premises in due form and to theffecte aforesaid, after your good discrecions: And all such as ye shall find negligent gainsaying or rebellinge in the said works, reparations or reformation of the premises, or negligent in the due execution of this our commission, that ye do compel them by distress fines and amerciaments, or by other punisshementes ways or means, which to you or six of you, whereof the said A. B. and C. shall be three, shall seem most expedient for the speedy remedy redress & reformation of the premises and due execution of the same. And all such things as by you shall be made and ordained in this behalf, as well with in liberties as without, that ye do cause the same firmly to be observed, doing therein as to our Iustices apparteineth after the laws and statutes of this our realm and according to your wisedoms and discrecions. saved always to us such fines and amerciaments as to us therof shal belong. And we also command our sheriff or sheriffs of our said county or counties of 〈◇〉 that they shall cause to come before you or six of you, of the which A. B. and C. shall be three, at such daies and places as ye shall appoint to them such and as many honest men of his or their bailiwick as well within the liberties as without, by whom the trouth may beste be known, to inquire of the premises. commanding also all other ministers and officers as well within liberty as without, that they and every of them shall be attendant to you in and about the due execution of this our commission. In witness whereof we haue caused these our letters patents to be made. witness ourself at westm the 〈◇〉 day of 〈◇〉 in the 〈◇〉 year of our reign. ¶ And it is also enacted, that every such person as shall be name Commissioner in the said Commission, after he hath knowledge therof, shall effectually put his diligence and attendance in and about the execution of the said commission. And before he shall take vpon him the execution of the said commission, he shall take a corporal oath before the lord chancellor, or before such to whom the said lord chancellor shall direct the kings writ of Dedimus potestatem, to take the same, or before the Iustices of the peace in the quarter sessions holden in the shire where such commission shall be directed: the tenor of which oath hereafter ensueth, ¶ ye shall swear, that you to your counning wit and power shall truly and indifferently execute the authority to you given by this commission of Sewers without any favour affection corruption dread or malice to be born to any maner person or persons: And as the case shall require ye shall consent and endeavour yourself for your parte to the best of your knowledge and power to the making of such wholesome just equal and indifferent laws and ordinances, as shal be made and divised by the most discrete and indifferent nombre of your fellows being in commission with you for the due redress reformation and amendment of all and every such things, as are contained and specified in the said commission: and the same laws and ordinances to your cunning wit and power cause to be put in due execution, without favour meed dread malice or affection as god you help and all saints. And it is also enacted by the authority aforesaid, that all and every statute act and ordinance heretofore made concerning the premises or any of them, as well in the time of our sovereign lord the king that now is, as in the time of any of his progenitors kings of this realm of england, not being contrary to this present act, nor here tofore repelled, from henceforth shall stand and be good and effectual for ever, and to be put in due execution according to the true meaning and purportes of the same. ¶ And over that be it enacted, that the commissioners here after to be name in any of the said commissions according to the purport and effect of the same commissions, haue full power and authority to make constitute and ordain laws ordinances and decrees, and further to do all and every thing mentioned in the said commission according to the purport effect words and true meaning of the same, And the same laws and ordinances so made to reform repel and amend, and make new from time to time, as the cases necessary shal require in that behalf. ¶ provided alway and it is enacted, that if any person or persons being assessed or taxed to any lot or charge for any lands tenements or hereditaments within the limits of any commission hereafter to be directed, do not pay the said lot and charge according to the ordinance and assignment of the commissioners, having power of th'execution of the said commission: by reason whereof it shall happen the said commissioners having power of execution of such commission, for lack of payment of such lot and charge to decree and ordain the same lands tenements and hereditaments from the owner or owners therof and their heires & the heires of every of them, to any person or persons for term of yeres, term of life in fee simplo or in tail for payment of the same lot & charge, that than every such decree and ordinance so by them made engrossed in parchment, and certified, under their seals into the kings court of chancery, with the kings royal assent had to the same, shal bind al and every person and persons, that at the making of the same decree had any interest in such lands, tenements, or hereditaments, in use possession reversion or remaindre their heires and feoffes and every of them, & not to be in any wise reformed oneles it be by authority of parliament hereafter to be summoned and holden within this realm. ¶ And also it is provided by authority aforesaid, that the same laws, ordinances and decrees to be made and ordained by the said commissioners or six of them by authority of the said commission shall bind as well the lands tenements and hereditaments of the king our sovereign lord as al and every other person and persons and their heires for such their interest as they shall fortune to haue or may haue in any lands tenements, or hereditaments or other casual profit advantage or commodity what so ever they be, whereunto the said laws ordinances and decrees shall in any wise extend according to the true purport meaning and intent of the same laws. ¶ And it is furthermore by the authority afore said establisshed and enacted, that if any maner of person or persons of what estate or degree so ever he or they be of, that from henceforth doth take vpon him or them to sit by virtue of any of the said commissions, not being before sworn in form as is aforesaid, and according to the tenor of the oath afore specified: Or if any person so name and sworn do sit as is afore said not having lands and tenements or other hereditaments in fee simplo, fee tail or for term of life to the clear yearly value of .xl. marks above al charges to his own use, except he be resiant and fre of any city borrow or town corporate, and haue movable substance of the clear value of one hundred pounds, or else be learned in the laws of this realm in and concerning the same, that is to say admitted in one of the four principal inns of court for an utter barrister, shall forfeit forty pounds for every time that he shall attempt so to do: the one half therof to be to our sovereign lord the king, and the other half therof to the use of him or them that will sue therfore by action of debt bill plaint or information in any of the kings courts: in which action or suite no wager of law shall be admitted, nor any essoin or protection shal be allowed. And if any action of trespass or other suite shall happen to be attempted again any person or persons for taking of any distress or any other act doing by authority of the commission, or by authority of any laws or ordinances made by virtue of the said commission, the defendant or defendants in any such action shall and may make auowrie cognisance or justification for the taking of the same distress, or other act doing touching the premises or any of them, alleging in such aduourie cognisance or justification, that the said distress trespass or other act, whereof the pleintif complaineth, was done by authority of the commission of Sewers for lot or tax assessed by the said commission, or for such other act or cause, as the said defendant did by authority of the same commission and according to the tenor purport and effect of this present act made the .xxiii. year of the reign of our sovereign lord king henry the eight without any expressing or rehearsal of any other matter or circumstance contained in this present act, or any commission laws statutes or ordinances thereupon to be made, whereupon the plaintiff shall be admitted to reply, that the defendant did take the said distress or do any other act or trespass supposed in his declaration of his own wrong without any such cause alleged by the said defendaunte, whereupon the issue in every such action shall be joined to be tried by verdict of twelve men, and not otherwise, as is accustomend in other personal actions. And vpon the trial of that issue the whole matter to be given on both parties in evidence according to the very truth of the same. And after such issue tried for the defendant or nonsute of the plaintiff after apparance, the same defendant to recover triple damages by reason of his wrongful vexation in that behalf with his costs also in that parte sustained, and that to be assessed by the same jury, or writ to inquire of damages, as the cause shall require. ¶ And it is also enacted, that every of the said commissioners shall haue and perceive four shellinges for every day that they shall take pain in the execution of this commission of Sewers, and one clerk by them to bee assigned .ii. s. for every day, of the rates, taxes lots and waynes that shall be assessed or lost by authority of the said commission, and to bee levied and paid by their discrecions. And that the said commissioners, or six of them shall haue power and authority to limit and assign of the same rates taxes lots and wanes by their discrecions such reasonable sums of money to the said clerk for writing of books and process concerning the premises, and to the collectors expenditours and such other as shall take pain in the due execution of the said commission, as by the discrecions of the said commissioners or .vi. of them shall bee thought reasonable. ¶ provided alway that when so ever and as often as such Commission, as is afore limited, shall be made and directed to any person or persons for the reformation and amendment, of or in any of the premises specified in the said commission within the fees liberties or possession of the duchy of lancaster, that than such commissioners as shall execute any such Commission shalbe always name and appointed by the discretion of the lord chancellor and lord treasurer of england and the said two chief Iustices of either bench, and the chancellor of the said duchic for the time being, or three of them, whereof the said lord Chaunceller and the chancellor of the duchy to be two. And that in every such case two commissions shall be awarded and made according to the tenor of the commission above expressed, one therof under the great seal of england, and the other under the seal of the same duchy, as before time hath ben accustomend, any thing afore rehearsed in this present act to the contrary hereof not withstanding. ¶ And it is further enacted, that the said commissions from time to time, as the case shall require, shall be had and obtained without any money or other charge to be paid for the seals or writing of the same, unless it be to the king .ii. s. vi. d. for the seal of every commission, as hath be accustomend: and for the writing and enrollyng of any one commission .v. s. and not above. ¶ And it is further enacted, that every commission to be made by authority of this act shal endure & continue for the term of three yeres, next after the Teste of the commission. nevertheless after any commission made and delivered out of the kings court of chancery, the kings highnes shall always at his pleasure by his writ of Supersedias, out of his said court of Chancery, at any time discharge as well every such commission as every commissioner that shall be made or name by authority of this act. After which discharge the said commissioners shall haue no power nor authority to procede in the execution of their commission, nor in any thing by authority of this act. ¶ provided always, that such laws acts decrees and ordinances as shall happen to be made by the said commissioners according to the tenor of their commission or by authority of this act, shall stand good and effectual and be put in due execution so long time as their commission endureth and no longer: except the said laws and ordinances be made and engrossed in parchment, and certified under the seals of the said commissioners into the kings court of chancery and than the kings royal assent be had to the same: any thing contained in this present act to the contrary hereof notwithstanding. ¶ provided also that when so ever and as often as such commission as is afore limited shall be made and directed to any person or persons for the reformation and amendment of or in any of the premises specified in the said commission within the fees liberties and possessions of the principality of wales, the county palantine of chester, or within the fees liberties and possessions of any other place, where there is liberty and jurisdiction of county palantine, that in every such case two commissions shall be awarded and made according to the tenor of the commission above expressed; one therof under the great seal of england, and the other under the usual seal of the county palantine in maner and form as is above provided for the duchy of lancaster, any thing afore rehearsed in this present act to the contrary not withstanding. ¶ And it is provided and also enacted, that the royal assent limited to be had unto the laws and ordinances to be made by the said commissioners, as is above said, shall be certified into the said court of chancery under the kings privy seal: And that there shall not any some of money be paid for the same privy seal, but for the writing of the same certificat under the said privy seal shalbe paid to the writer theerf .ii. s. and not above nor no other nor greater somme for any thing touching or concerning the same certificat under the same privy seal. ¶ provided always, that the chauncellours and such other as shall haue the custody of the seals of the said principality of wales or the county Palantine of chester, or within the fees liberties and possessions of any other place, where there is liberty and jurisdiction of county palantine, vpon reasonable request, and vpon the sight of the commission under the kings great seal of his chancery, shall without delay make out an other commission under the seal of the said county palantine according to the tenor of the kings commission to them shewed under his great seal. And to those commissioners as shall be name by the lord chancellor, lord treasurer, and the two chief Iustices, or by three of them, whereof the lord chancellor to be one, except it be within the fees and liberties of the duchy of Lancaster, within which fees and liberties the commissioners shall be name and commissions made, as is afore ordained by this act, any thing contained in the said act, or in any proviso there unto added and annexed to the contrary therof not withstanding. This act to endure for .xx. yeres. ¶ An act concerning before whom recognizances of debts shalbe made, and the form of the obligation. vi. FOr as much as the maires of the Stapull in dyvers places of this realm, where any stapull is kept, in the presence of the constables of the same stapull before this time haue and might lawfully take reconisance or knowledge for debts, onely concerning and touching the merchandise of the same stapull, betwixt merchant and merchant of the same stapull, according to diuers laudable statutes and provisions before this time had ordained and made. which mayres and constables many and sundry times syns the making of the same statute haue taken dyvers recognizances and knowledges of diuers of the kings subiectes for debts, surmisynge the same knowledge or recognisance to be made for surety of paiemente of sums of money for such wears as were or ben bought in the same Stapull: where of trouth the same reconisance did not in any wise touch or concern the merchandise of the same, ne also the parties, that is to say the cognisor ne the cognisee, that did knowledge and take the same reconisances, were merchants of the same stapull: which recognizances and knowledges taken in form aforesaid are not onely clear contrary to the true meaning and intent of the same former statutes, but also thereby diverse great and sundry inconveniences damages and deceits do daily rise and grow to diuers of the subiectes of our sovereign lord the king, by reason of the misusynge of the same. And for as much as the kings highnes of his most high wisdom perceiveth the mysusyng and execution of the same to be contrary to the form of the said former statutes, Therfore his pleasure is, that some true lawful and reasonable bond for surety of paiemet of the said debts of his subiectes shall be made and devised by true and just means, which in itself may and shal purport right and equttie and also consonant to reason. ¶ In consideration whereof, by thassent of the kings highnes, his lords spiritual and temporal, and his commons in this present parliament assembled, and by authority of the same, it is enacted ordained and stablished, that from the first day of april next coming the chief Iustice of the kings bench and the chief Iustice of the common place, which now be or at any time hereafter shall be, and every of them by himself, and in their absence out of the term the maire of the stapul at Westminster and the recorder of the city of London for time being jointly to gethers by his or their discretion shal haue full power and authority to take recognizances or knowledges of every of the kings subiectes for the paiemente of debts according to such form as here after ensueth. ¶ noverint vniuersi per psaesent. me A.B. & D.C. armig. teneri & firmiter obligari Iohanni at Style in C. li. sterling. soluend. eidem Iohanni aut suo cert. attornat. hoc scriptum ostend. hered. vel execute. suis in tal. fest. &c. proxi. futur. post dat. praesentium. Et sideficero vel deficerimus in solutione debit. predict. uolo & concedo, vel sic, Volumus & concedimus, quod tunc currat supper me haered. & executores meos, vel supper nos & quemliber nostrum haered. & execute. nostros poena in statuto Stapulae de debit. pro marchandisis in eadem emptis recuperand. ordinat. & prouis. Dat. tal. die Anno regni regis. &c. ¶ And that every obligation that shall be made, as is afore said, and knowledged before any of the said chief Iustices, or the said maire and recorder according to this act, shall be sealed with the seal of the party or parties, that shall recognize or knowledge the same, and also with such seal as the kings highnes shall ordain and appoint for the same, and with the seal of one such of the said Iustices, or with the seals of the said maire and recorder, & with his or their name or names subscribed, that so shall take the same recognisance or knowledge. And that every of the said two Iustices, and the said maire and recorder shall haue the custody of one such seal by the kings highnes to be appointed, with one like print scripture and fashion, which shall severally remain with them to thentent above rehearsed. ¶ And further be it enacted by the authority aforesaid, that such an honest and discrete person, as shall be assigned by the kings highnes, or the sufficient deputy or deputies of the same person so to be assigned, shall make & writ all such obligations, as shal be knowledged and recognized by authority of this act, and shall cause the same obligations recognized & knowledged in form as is above said, to be enrolled in two several rolls indented, whereof one shall remain with such of the said Iustices or with the said maire and recorder, that so shall take the same recognisance in form aforesaid, and the other rot with the writer therof, appointed for the same. And that the said person by the kings highnes to be appointed for making writing and enrollynge such obligations, or his sufficient deputy or deputies shall be dwelling or abiding in the said city of London, vpon pain to forfeit for every time that he and his deputy shall be absent by the space of two daies, ten pounds. ¶ And further it is enacted by authority aforesaid, that the said person so to be assigned by the kings highnes to writ make and enrol such obligations or his sufficient deputy or deputies, at the request of the creditours their executours or administrators shall certify such obligations as shal be taken and recognized by authority of this act, into the kings court of chancery under the seal of the said person so to be aopointed for writing making & enrolling such obligations. And thet every {per}son & {per}sons, to whom any such obligation shalbe made knowledged & enrolled( as is aforesaid) their executours & administrators, & the executours & administrators of every of them for default of payment of the debts contained in such obligations shal haue in every point degree & condition against the said recognisor and recognisors and every of them, their heires executours and administrators, & the heirs executours and administrators of every of them like process execution commodity and advantage in every behalf, as hath ben used and accustomend before this time to be had done or made of and vpon any obligation of the statute of the stapull, and under such maner and form as is for the same statute of the stapull provided, payenge for such process and execution to be had such like fees as is accustomend for process and execution to be had vpon obligations of the same statute of the stapull and not above. And that every such person and persons that shall be bound or otherwise grieved by virtue of any obligation to be made by authority of this act, shall haue their like remedy by Audita querela, and all other remedies in the lawe, that they might haue had, in case they had ben bound by obligation of the statute of the Stapull. And that every such person and persons that shall haue process for execution to be had by reason of any such abligacion to be made and knowledged according to this act, shall pay to the kings highnes, his heires or successors at the time of ensealynge of the process for execution to be had, one halfpenny for every pound that shall be contained in the obligation, whereof execution shall be required and not above. And that every such person and persons that shall happen to haue any execution of any lands tenements or hereditaments by reason of any such obligations to be made and knowledged( as is above said) their executours administrators or assigns, and the executours administrators and assigns of every of them, if they or any of them ben put out or disseysed, shall haue like remedy in every point & condition as persons having execution in and vpon any statute of the stapull, after execution to them had, may or might haue by virtue of the said writing obligatory of the statute of the stapull and execution of the same. ¶ And further be it enacted by the authority aforesaid, that every of the said Iustices and the said mayor and recorder, before whom any such obligations shall be recognized, shall take for every knowledge of every one such recognisance .iii. s. iiii. d. and not above: And the clerk that shall writ make and enrol the same obligations .iii. s. iiii. d. And for the Certificat of every one such obligation .xx. d. And if any of the said Iustices, maire, recorder, or clerk take of any of the kings subiectes boue the somme or sums to them limited by this statute, that than the said Iustices maire recorder or clerk, that so shal take contrary to the form aforesaid, shall forfeit for every time so offending forty pounds. ¶ And further it is enacted by the authority aforesaid, that from the said first day of april no maire or constable of the Stapull, for the payment of any somme or sums of money take any knowledge or recognisance of the said statute of the stapull, of any of the kings subiectes, vpon pain to forfeit for every time so offending .xl. li. The one moiety of all and singular the said penalties to be to the kings highnes, and the other moiety to the party that will sue for the same. For the recovery whereof the party that will pursue shall haue his remedy by information action of debt bill or plaint in any of the kings courts: in which no essoin protection nor wager of lawe shalbe admitted. ¶ provided alway, that this act nor any thing therein contained be in any wise prejudicial or hurtful to any maire and constables of the Stapull for any bonde or writing of the stature of the stapull to be taken or received between merchants being free of the same stapull, for merchandise of the same stapull between them lawfully bought and sold. ¶ provided also and be it enacted by thauctoritie aforesaid, that all recognizances before this time taken before the maire and constables of any of the said stapuls, whereof the sums now be not paid or otherwise contented lawfully avoyded or discharged by the lawe, shall be as good and effectual as though they had ben verily made for merchandise of the same stapull and between merchant and merchant of the same stapul, and as they should haue been, if this act had never ben had ne made. ¶ An act that the statutes made for the maintenance of the navy of this realm shall stand in full strength, and howe Gascoine and french wines shall be brought in, and the same and other wines sold. vii. WHere for the maintenance and good continuance of the navy of this realm of england it was ordained and enacted by a statute made in the .v. year of the reign of the right noble king richard the second, that none of the kings liege people should ship merchandise in any other ship than in an english ship, vpon pain of forfeiture of the said merchandise so shipped. And after that by an other statute made in the .vi. year of the said noble king it was enacted, that for default of englishe ships every man might ship their merchandise in strangers ships. And after that at a parliament holden at westm, in the .iiii. year of the late noble king of famous memory king Henry the .vii. it was ordained and enacted, that no person should carry or bring any wines of gascoigne or Guyon or Toloos Ode into england wales ireland Calice, or the marches therof, or berwick, but all only in ships of England Wales Ireland Calice or the marches therof or berwick: And that the master & mariners of the same ships for the most part of them should be of the same countries, vpon pain of forfeiture of the said wine & Ode, as by the said good statutes more at large is expressed. And not withstanding the said good statutes, yet nevertheless the navy of this realm, and the multitude of the ships of the same, which tofore this time hath been not onely a great defence & surety to this realm of England in time of war, but also a high commodity to al the subiectes of the same for trasporting and conveyance of merchandises in and from this realm, is now marvelously decayed and impaired: and by occasion therof a great multitude of the kings liege people, which were maisters and mariners of ships, and by the exercise therof they their wives and children had their living, be now mynyshed and empouerysshed in such wise, that within few yeres there shall be few english men that shall be expert in the seas, to the great peril of this realm and decay of the people of the same, if remedy be not provided in this behalf. In consideration whereof the kings most royal majesty, of his most excellent goodness, having tender respect to the reformation of the premises, is contented and pleased, that it be enacted by his highnes, and the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that the said statutes and every thing in them contained shall grind in their full strength force and effect, so that from hensefoorth no person shall attempt to do contrary to the tenors of any of the said statutes, upon the pains contained in the same. And it is further enacted by authority aforesaid, than no maner of person or persons shall discharge and lay on land out of any ship or ships, or other vessel or vessels any wines of gascoigne or Guyon, or any maner of french wines at any haven port creak or other place within this realm of england ireland wales or the marches of the same at any time here after between the feasts of saint michael the archangel & the purification of our lady, vpon pain of forfeiture of the said wines so brought in and discharged & laid on land at any time hereafter between the said feasts contrary to this act. The one half of which forfeiture to be to the king our sovereign lord, & the other half therof to such of the kings subiects as shall seize or sue for the same by action of detinue or debt after the rate of the value therof by original writ bill plaint or information in any of the kings courts. In which actions and suits the defendant shal not be admitted to wage his lawe, nor any protection or essoin shalbe allowed. ¶ And it is further enacted by authority aforesaid, that no person after the feast of the purification of our lady, which shall be in the year of our lord god. M.D.xxxii. shall sell by retail any of the said wines above .viii. d. the gallon, that is to sai a penny the pint, two pence the quart, four pence the pottle, and eight pence the gallon, upon pain of forfeiture for every pint to be sold above the said price .iiii. d. and for every quart sold above the said price .viii. d. and for every pottle so sold above the said price xii. d. and for every gallon so sold above the said price afore limited .ii. s. And that no malmeseis Romeneis sacks nor other sweet wives, after the said feast shalbe rateiled above .xii. d. the gallon .vi. d. potell .iii. d. the quart and .i. d. ob. the pint, vpon pain to lose and forfeit .iii. s. iiii. d. for every gallon .xx. d. for every pottle .xii. d. for every quart, and vi. d. for every pint, that shall be sold contrary to this act. ¶ provided alway that the lord chancellor, lord treasurer, lord president of the kings most honourable counsel, lord privy seal, & the .ii. chief Iustices of either bench, or .v. iiii. or iii. of them, shall haue power and authority by their discreasions to set the prices of all kind of wines, that is to say of the prices of the butte tonne pipe hoggeshead poncheon teers barrel or rondled when it shall be sold in gross, so that they or iii. of them cause the prices by them set to be written, and open proclamation therof to be made in the kings court of Chancery openly in the term time, or elles in the city borrow or town where any such wines shall be sold in gross, any thing contained in this act to the contrary hereof not withstanding. ¶ And it is further enacted, that if any person or persons, after such prices be set and put in writing by the said lord chancellor, lord treasurer, lord president of the kings most honoranle counsel, lord privy seal, and the two chief Iustices, or by .v. iiii. or iii. of them, and proclamation therof had as is aforesaid, do sell any wines in gross by any fraud or couine contrary to the said prices so set and proclaimed, that than every offender in that behalf shal lose and forfeit for every vessel by them sold in gross contrary to the said prices .xl. s. The one half of all which forfeitures to be to the king our sovereign lord, and the other half thereof, if it be within any city borrow or town corporate, to be to the maires sheriffs bailiffs or other head rulers of such cities borrows or towns corporate: and if it be without city borrow or town corporate, than to be to such of the kings subiectes as will sue for the same. And that every such forfeiture shall be recovered by original writ of debt bill plaint or information. In which suite no wager of lawe shalbe admitted nor any protection or essoing allowed. ¶ And it is also enacted, that the Iustices of peace in every shire of this present realm, and all maires sheriffs bailiffs and other head officers in cities borrows and towns corporate, that is to say every of them with in the limits of their commissions and authorities, as well within franchise as without, shall haue power and authority to examine here inquire and determine the defaults of such as shall attempt to sell any wines in gross or by retail contrary to this act, And to punish the offenders by imprisonment or otherwise by their discrecions. ¶ provided alway that if it fortune any ship or ships, vessel, or vessels jaded with the said wines of Gascoine, or Guion or french wines at any time hereafter to come to any port, creak or haven within this realm of england, Ireland, wales, or the marches of the same between the said feasts of saint michael the archangel, and the purification of our lady, and than the vessels containing the said wines, or the ship or other vessel or vessels bearing the same, happen to fall in leke, that than it shall be lawful to the owner or bringers therof, at all times between the said feasts, to discharge the said wines out of any such ship vessel or vessels for the saving of them. So that the said owner or owners of the said wines, so discharging the same, make no sale or other utterance of them at any time between the said feast of saint Michael, and the said feast of the purification of our lady, any thing contained in this act to the contrary hereof not withstanding. ¶ And where as in the parliament holden at westm in the first year of the reign of king richard the third, among other things it was established, ordained and enacted, that every tonne of wine should contain. CClii. gallons, every butte of malmesie should contain .cxxvi. gallons every pipe .cxxvi. gallons, every tertian er poncheon .lxxxiiii. gallons, every hoggeshed .lxiii. gallons, every teerce .xli. gallons, and every barrel .xxxi. gallons and dī, and every rondlet .xviii. gallons and di: And that no vessel should be put to sale till it were gauged, vpon pain of forfeiture, as by the same statute it doth appear more at large. nevertheless great deceit is daily used in selling of wines and oil in casks and vessels not bearing the contents above limited to the great loss of the kings poor subiectes. For remedy whereof be it enacted by the authority of this present parliament, that the said statute made in the first year of king richard the third, and all other statutes heretofore made for true gauging and measures of wines, oils, honey, or any other liquors, which statutes before this time be not repelled nor expired, shall stand in their strength and virtue and be put in due execution according to their tenors and effects in every behalf. ¶ And over that be it enacted by authority of this present parliament, that every gaugeour within this realm shall truly and effectually within the limits of his office gage all the said tons, butts, pipes, terces, poncheons, tercians, barrels, hoggeshedes and rondlettes, and shall plainly & truly mark vpon the head of every such vessel the content of the same, vpon pain to forfeit to the party, to whose use the wine, oil, or other thing therein being shall be sold, four times the value of that that the vessel so marked shall lack of his lawful content above written. The same forfeiture to be recovered over and besides the costs of the suite by the kings original writ, or by bill in any of the kings courts of his common laws, or in any competent court having jurisdiction in the place, where that offence shall be committed, by action or bill of debt, in which action or suit none essoin, protection, nor wager of lawe shall be accepted, admitted, or allowed to the defendant or defendants. And that every merchant or other person sellinge the said wine oil or other thing contained in the said vessel marked, shall allow of the price therof to the bier of the same for every quantity of wine, oil, or other thing contained in the said marked vessels, the full value of the lack therof, being by reason of default of full gage of the vessel, marked, or of default of fillinge the same vessel or by reason of default of any of them after the rate of the hole price of the wine, oil, or other thing so being sold by that vessel marked. And that vpon pain of forfeiture to the same bier the double value of the same vessel and wine, oil or other thing therein being sold, the same forfeiture to be recovered together with the costs of the suit in maner and form as the forfeiture last before written is limited to be recovered. This act to continue unto the last day of the next parliament. ¶ An act concerning the amending and maintenance of the havens and ports of plymouth, Dartmouth, Temgmouth, Falmouth and Fowey in the counties of devonshire and cornwall. viii. EIteously sheweth and complaineth unto the king our sovereign lord, and to the lords spiritual and temporal, and the commons in this present parliament assembled, the inhabitants of the towns and ports of Plimmouthe Dartmouth and Teingmouth in the county of devonshire, Falmouth and Fowey in the county of cornwall, that where the said ports haue ben in time past the principal and most commodious havens and ports within this realm for the road surety and preservation of ships resorting from all places of the world as well in peril of storms as otherwise. For where before this time all maner of ships being under the portage of viii. C. tons, resortinge unto any of the said ports or havens might at the low water easily enter into the same, and there lye in surety what wind or tempest so ever did blow. By reason whereof not onely a great multitude of ships, as well of this realm as of other regions and countries before this time haue ben preserved and saved, but also in time of war the said havens and ports haue ben the greatest fortificacion and defence of that part of this realm and the special preservation of the great parte of the navy of the same: which said ports and havens been at this present time in maner utterly decaide and distroide by mean of a certain tin works, called stream works, used by certain persons with in the said counties, which persons more regarding their own private lucre than the common wealth and surety of this realm, haue by working of the said stream works digginge, searching and washing of the same nere unto the fresh riuers, waters and low places, descending and coming out of the land towards and in to the said ports and havens to the sea, convyed by the force of the said fresh riuers a marvelous great quantitee of sand, gravel, ston robell, earth, slime, and filth in the said ports and havens, and haue so filled and choked the same, that where before this time a ship of the portage of .viii. C. as is aforesaid, might haue easily entred at a low water into the same, now a ship of a hundred can scantly entre at the half flood, to the decay and utter destruction of the said havens and ports, and also to the ruin and utter undoing of al the good towns within the said counties of devonshire and cornwall, if remedy be not in that case speedily provided. For reformation whereof be it enacted by the king our sovereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that no person or persons hereafter shall labour or work, or cause to be laboured or wrought in any maner of tin works called stream works, within the said counties of devonshire or Cornwall nigh to any of the said fresh waters, riuers, or low places descending or having course unto the said havens or ports or any of them, nor shall labour, dig, or wash any tin in any of the said tin works called stream works, unless the said digger, owner, or wassher, shall make or cause to be made sufficient hatches and ties in the end of their buddels and cords, and therein put and lay or cause to be put and laid all the sand stones, gravel and robell digged about the inserchinge finding and wasshinge of the said tin, there to be wholly and suerlie kept, by the said hatches and ties out and from the said fresh riuers or water courses or any of them, so that the said sand, stones, gravel, and robell, ne any parte therof be for lack of such hatches or ties convyed into the said ports and havens or any of them, vpon pain to forfeit for every time, that any owner or tinner shall dig or wash, or cause to be digged or washed any tin contrary to the form aforesaid, ten pounds. The one half therof to be to the use of our sovereign lord the king, and the other half therof to be to any of the inhabitants of the said port towns or havens that will sue for the same in any of the kings courts, by original writ, bill, plaint, information or otherwise, wherein the defendant shall not be admitted to wage his lawe, ne any protection or essoin shall be allowable. ¶ And be it further enacted by authority aforesaid, that if any person or persons shal happen to be sued accused, indicted, imprisoned, a mercied, condemned or otherwise vexed or troubled in his person lands, tinworkes, goods or cattels by any of the ministers or officers of any the kings courts of Stannerie, or by any other person or persons for pursuynge or attempting any suite or action according to this statute, again such person or persons as shall offend contrary to the form aforesaid, that than all such suits, accusementes, enditementes, imprisonementes actions, condemnacions, fines, amerciaments, and every other act or acts to be done in any of the said courts of Stannery, or else where, by any person or persons again any person or persons for suinge or attemptinge any suits or actions by virtue of this statute, shall be utterly void and of none effect in the lawe. And that the parties sued, indited, accused, imprisoned, or otherwise grieved or molested, for pursuinge again any person or persons offending this statute, shall haue his action and remedy grounded vpon this statute by original writ, bill, plaint, information, or otherwise in any of the kings courts, again such as shall procure or attempt to vex, trouble, or otherwise molest any such person or persons for suing or pursuing for the forfeitures aforesaid: and shall recover triple damages in that behalf. And the party defendant shall not be admitted to wage his lawe, ne any protection essoin nor privilege shal be to him allowable. And if it shall happen any person or persons for pursuynge any suite or action vpon this statute or by occasion of the same hereafter to be imprisoned by any maner person or persons, being officers or ministers of the Stannerie, their deputies or substitutes, that than every of the Iustices of peace within any of the counties aforesaid, wherein the said prisoner shall happen to be committed to prison vpon credible information, therof taking surety by his discretion for apparance of such prisoner at the next general sessions of peace, shall haue power and authority as well to direct his warrant to the gailour or keeper of the prison, as to any other person or persons, to whom the said prisoner shall be committed unto, commanding him or them vpon pain of forfeiture of .xl. li. to deliver and put at large the said prisoner or prisoners: which if he refuse so to do, than every such offender shall lose and forfeit the said .xl. li. the one half of which forfeiture to be to the use of our sovereign lord the king, and the other half to him that is grieved by reason of such imprisonment, to be recovered in maner and form aforesaid: And the defendant in any action or suite for the same shall not wage his lawe, ne haue any essoin or protection allowed. And if it shall appear upon the appearance of such prisoner at the quarter sessions by examination of the Iustices of peace there being, that he was imprisoned contrary to the form of this statute, that than he shall be forthwith dismissed and thereby discharged. And if he were lawfully imprisoned, for any other just cause, than to be remaunded to prison by the discretion of the said Iustices. ¶ provided alway that this act or any thing therein contained be n●t in any wise prejudicial or hurtful to any of the officers of the Stannery, ne to any of their lawful liberties, privileges, usages, laws, or customs, saving onely in the cases and provisions contained and limited within this present act, which shall alway be put in execution according to the tenor of this act, any usage custom, privilege, ordinance or liberty to the contrary therof notwithstanding. ¶ And it is enacted, that this act shall begin to take effect from the feast of saint michael the arcangell next coming, and not before. ¶ An act that no person shall be cited out the diocese, where he or she dwelleth, except in certain cases. ix. WHere great number of the kings subiectes, as well men, wives, servants, as other the kings subiectes dwelling in diuers dioceses of this realm of England and of wales, heretofore haue been at many times called by citations & other processes compulsaries to appear in the arches audience & other high courts of the archebishops of this realm, far from and out of the diocese, where such men, wifes, servants, & other the kings subiectes ben inhabitant & dwelling, & many times to answer to surmised and feigned causes and suits of defamacion, withholding of tithes and such other like causes and matters, which haue been sued more for malice and for vexation, than for any just cause of suite. And where certificat hath ben made by the somoner, apparitous, or any such light litterat person that the party against whom any such citation hath ben awarded, hath be cited or summoned, and there vpon the same party so certified to be cited or summoned, hath not appeared according to the certificat, the same party therfore hath ben excommunicated, or at the least suspended from all divine service: and thereupon before that he or she could be absolved, hath be compelled not onely to pay the fees of the court, whereunto he or she was so called by citation or other process, amounting to the somme of .ii. s. or .xx. d. at the least: but also to pay to the somoner apparitour or other light literate person, by whom he or she was so certified to be summoned, for every mile being distant from the place where he or she than dwelled unto the same court, whereunto he or she was so cited summoned to appear, two pence, to the great occasion of impouerishement of the kings subiectes, and to the great occasion of misbehaueour and misliuynge of wives, women and servants, and to the great impeirement & diminucion of their good names and honesties. Be it therfore enacted by the king our sovereign lord, with the assent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that no maner person shall be from henceforth cited or summoned or otherwise called to appear by himself or herself or by any procurator before any ordinary, archdeacon, commissary, official or any other judge spiritual out of the Diocese or peculiar jurisdiction, where the person, which shall be cited summoned or otherwise( as is abovesaid) called, shall be inhabitinge and dwelling at the time of awarding or going forth of the same citation or somons: except that it shall be for in or vpon any of the cases or causes hereafter written: that is to say for any spiritual offence or cause committed or done, or omitted, forslewed or neglected to be done contrary to right or duty by the bishop, archdeacon commissary, official or other person having spiritual jurisdiction, or being a spiritual judge, or by any other person or persons within the Dioces or other jurisdiction, whereunto he or she shalbe cited, or otherwise lawfully called to appear and answer. And except also it shall be by or vpon matter or cause of appeal, or for other law full cause, wherein any party shall find himself or herself grieved or wronged by the ordinary, judge, or iudges of the diocese or jurisdiction, or by any of his substitutes officers or ministers after the matter or cause there first commensed and begun, to be shewed unto the archbishop or bishop, or any other having peculiar jurisdiction, within whose province the diocese or place peculiar is: or in case that the bishop or other immediate judge or ordinare dare not nor will not conuente the party to bee sued before him: or in case that the bishop of the diocese, or the judge of the place, within whose jurisdiction or before whom the suite by this act should be commensed and prosecuted be party directly or indirectly to the matter or cause of the same suite: Or in case that any bishop, or any inferior judge having under him jurisdiction in his own right and title, or by commission make request or instance to the archebisshoppe, bishop or other superior, ordinary or judge, to take, treat, examine, or determine the matter before him or his substitute. And that to be done in cases only where the lawe civil or Canon doth affirm, execution of such request or instance of jurisdiction to be lawful or tolerable, vpon pain of forfeiture to every person by any ordinary commissary, official, or substitute by virtue of his office, or at the suit of any person to be cited or otherwise summoned or called contrary to this act, of double damages and costs for the vexation in that behalf sustained, to be recovered against any such ordinary commissary, archedecon, official, or other judge, as shall award or make process, or otherwise attempt or procure to do any thing contrary to this act, by action of debt, or action vpon the case, according to the course of the common lawe of this realm in any of the kings high courts, or in any other competent temporal court of record by original writ of debt bill or plaint. In which action no protection other than such as shal be made under the kings great seal, and signed with his sign manuel, shall be allowed, neither any wager of lawe nor essoin shall be admitted. And upon pain of forfeiture for every person so summoned cited or otherwise called( as is abovesaid) to answer before any spiritual judge out of the diocese or other jurisdiction where the said person so dwelleth, or is residente or abiding, tenue pounds sterlinge. The one half therof to be to the king our sovereign lord, and the other half to any person that will sue for the same in any of the kings said courts, or in any other the said temporal courts, by writ information bill or plaint. In which action no protection shall be allowed, nor wager of lawe nor essoin shalbe admitted. ¶ provided always that it shall be lawful to every archbishop of this realm to call city and summon any person or persons inhabiting or dwelling in any byshops diocese within his province for causes of heresy, if the bishop or other ordinary immediate thereunto consent, or if that the same bishop or other immediate ordinary or judge do not his duty in punishment of the same. ¶ provided also that this act may not extend in any wife to the prerogative of the most reverend father in god the archbishop of Canturbury, or any of his successors of or for calling any person or persons out of the diocese where he or they be inhabitinge dwelling or resident for probate of any testament or testaments, any thing in this act contained to the contrary not withstanding. ¶ And be it further enacted by authority aforesaid, that no archebisshoppe nor bishop ordinary official commissary or any other substitute or minister of any of the said archebysshops bishops archedeacons or other having any spiritual jurisdiction, at any time from the feast of Easter next coming shall ask, demand, take, or receive of any of the kings subiectes any sum or sums of money for the seal of any citation, after the said feast to be awarded or obtained, than onely three pence sterling, vpon the pains and penalties before limited, contained & expressed in this present act, to be in like form recovered as is aforesaid. ¶ provided always that this act be not in any wise hurtful or preiudyciall to the archabysshop of york, nor to his successors, of for or concerning probate of testaments within his province and jurisdiction by reason of any prerogative, any thing in this act to the contrary therof not withstanding. ¶ An act concerning feoffementes and assurance of lands & tenements made to the use of any parish church, chapel, or such like. Cap. x. Where by reason of feoffementes fines recoveries & other statutes & assurances made of trust of manners lands tenements and hereditaments to the use of parish churches chapels church wardens guilds fraternities comminalties companies or brotherheades erected and made of devotion, or by common assent of the people without any corporation, and also by reason of feoffementes fines recoveries wills and other acts made to any uses aforesaid, or to the uses and intents to haue obites perpetual or a continual service of a prest for ever, or for .iii. score or iiii. score yeres founden ofthissnes and profits of the manners lands tenements & hereditaments, whereof such feoffementes fines recoveries wills and other acts been made, or that the feffees c●●isees recouerers or other persons and their heires thereof seized, shall take levy receive and perceive or cause or suffer to be taken levied and perceived thissues reuennes and profits thereof, and the same to dispose pay convert or otherwise employ or suffer or cause to be disposed paid converted or employed to any such uses intents or purposes as been above specified, or to any other like uses or intents: there groweth and issueth to the king our sovereign lord; and to other lords and subiectes or the realm, the same like losses and in conveniences, and is as much prejudicial to them, as doth and is in case where lands be aliened into mortmain. Be it therfore enacted by the king our sovereign lord, the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that all and every such uses intents and purposes of what name nature or quality they shalbe called, that shall be devised covenanted made declared or in any wise ordained after the first day of march in the .xxiii. year of the reign of our sovereign lord king Henry the .viii. by any felfee recouerer or conisee or by any other person or person, to whose use any such feffee recouerer or conisee shall be seized of any manors lands tenements or hereditaments, or of thissues revenues and profits of them or any of them, shal be utterly void and of no strength virtue nor effect in the lawe. ¶ provided alway that it shall be lawful to every person being seized of any manors lands tenements or hereditaments to his own proper use, or having feoffees recouerees or conisees to his use, to make ordain or devise, or cause to be made ordained or devised any of the uses intents or purposes above specified in such maner as they mought haue done afore the making of this act, and as if this act had never be had ne made: So that none such uses intents or purposes to be made ordained or devised after the said first day of march, be not in any wise made ordained devised or appointed to endure continue or abide by any craft colour terms sentences clauses words or other means, above the term of .xx. yeres next after the first making and beginning of any such uses intents or purposes. ¶ And it is further enacted, that if any person or persons in defraud of this statute bind or ordain any their heires or successors or any other person or personnes, that they shall suffer such uses intents or purposes to endure and continue contrary to this act, vpon pains or penalties of losses of any other lands tenements or hereditaments, or of any other thing or things, or do attempt or devise by any colour craft or means any thing or things to make any such uses intents or purposes to bee declared, contrary to the true meaning of this act, to continue or abide for any longer time or season than is above limited for the same: that than every such pain penalty craft colour and every other thing and things, of what kind nature or quality so ever it bee, that shall be so made ordained or divided in defraud of this act, shall be utterly void in the lawe to all intents. And that this statute shall be always interpnted and expounded as beneficially as may be to the destruction and utter avoiding of such uses intents and purposes therein above remembered, and of all other like uses and intents otherwise than alonely after such maner as is afore by this present act provided. ¶ provided alway that in such cities and towns corporate, where by their ancient customs they haue good and lawful authorities to devise into mortmain the lands tenements & hereditaments within the same cities or towns corporate, that this act shall not be in any wise prejudicial or hurtful to any such custom. ¶ provided alway that this act ne any thing therein contained shall extend or be in any wise prejudicial to hinder or empayre any such ordinances devises or declaracions of uses, as shall hereafter be made and declared in writing by the executours of the testaments and last wills of Roberte Iannis and John Terry, late aldermen of the city of norwich, now decessed, or by the executours or the suruiuour of the executours of either of them, of any lands tenements or hereditaments, not amountinge in the holl above the clear yearly value of. xl.li. to be employed and converted to and for the discharge of Tolles and customs within the said city, and at the gates of the same, for the discharge of poor people within the same city of Taxes and Tollages hereafter to be assessed and levied, and for the clensynge of the streets of the same city, or for any of the said good purposes, according to the true intents & meanynges of the said last wills and testaments, and of either of them: so that the same ordinances devises and declaracions be had made and certified in writing into the kings court of Chancery within two yeres next ensuing the feast of Easter next coming. ¶ An act concerning brekinge of prison by clerkes convict. xi. Where diuers persons being convict of murder or felony, having the privilege of their clergy, and delivered to the ordinaries, afterwards wilfully break the prisons of the ordinaries and escape their ways, doing and committing great horrible and detestable offences, and as hitherto for such wilful brekinge of prisons of ordinaries by clerkes conuicte hath not been provided any great penalty, whereby they should stand in dread of doing of the same. Be it therfore enacted by authority of this present parliament, that if any clerk convict being in prison of any ordinary, wilfully break the said prison and escape his way out of the same, that than every such breaking of prison and escape shall be from hensfoorth denied and adiudged felony, and the offender therein shall haue and suffer such pain of death and penalty, and loss of his lands and goods, as for other felonies is accustomend by the laws of this realm, and shall not in any wise be admitted to haue the privilege or benefit of his clergy, nor enjoy any saintuarie for the same. ¶ provided alway that if any such offender be within holy orders, that is to say of the orders of subdeacon deacon or prest hood, that than after he is convict of the premises he shall be delivered of the ordinary, there to remain without any purgation. ¶ And it is enacted, that it shall be at the liberty of the ordinary to disgrade any such offender after he is found guilty and delivered to him, as a clerk convict, and send him before the king in his bench with letters wytnessinge the said disgradinge, and thereupon the Iustices of the kings bench, having the record of his conviction, shall haue power and authority to give iudgement again every such offender being convict and disgraded, that shall suffer death, like as they monghte do in case the same offender had ben a lay man, and areined and found guilty afore them of the said offence, the delyueringe of such offender afore to the ordinary not withstanding. ¶ An act for taking exactions vpon the paths of Seuerne. xii. WHere the kings subiectes passing vpon the river and water of Seuerne, haue used time out of mind to haue and use a certain path of a foot and a half broad on every side of the said river for drawing up by lines or ropes their troughs barges botes and other vessels passing or repassynge on the said river of Seuerne with wine or any other merchandise, without any imposicion tax or tol to be demanded of them that so should carry wine in any of the said vessels for the said passing and drawing in the said paths accustomend, till now of late certain covetous persons haue pertourbed and interrupted many of the kings subiectes, halynge and drawing up their vessels in the said paths, taking of them fines and draughts and dotels of wine, and yet daily use to take, to the distourbance and loss to many of the kings subiectes. ¶ Be it therfore enacted by the king our sovereign lord, and the lords spiritual and temporal, and the commons in this present parliament assembled, that no person or personnes interrupt by any obstacle let or otherwise any person or personnes passing or repassinge on and vpon every of the said paths accustomend, nor also are take or demand any toll called a draft, or bottle of wine, or any other tax or imposicion of any of the kings subiectes there going in the said paths accustomend, vpon every side of the river of Seuerne there halynge or drawing then botes troughs or vessels, vpon pain to forfeit for every time that he or they so shall interrupt any of the kings subiectes, or axe or take any such imposicion, by what name so ever it be called .xl. s. The one half therof to be to the king our sovereign lord, And the other half to the party grieved, that will sue for the same by bill plaint information or otherwise, in the which suit no essoing wager of lawe nor protection shall be allowed. ¶ An act that men in cities borrows and towns, which be clearly worth .xl. li. in goods, shall pass in trial of murders. xiii. FOr as much as trial in murders and felonies in cities boroughs and towns corporate within this realm having authority to procede in the deliverance of such offenders, been often times deferred and delayed by reason of challenge of such offenders for lack of sufficience of freehold, to the great hindrance of Iustice. It may therfore be enacted by authority of this present parliament, that every person and personnes being the kings natural subject born, which either by the name of a citezin or of a free man or any other name doth enjoy and use the liberties and privileges of any city borough or town corporate, where he dwelleth and maketh his abode, being worth in movable goods and substance to the clear value of xl pounds, be from henceforth admitted in trial of murders and felonyes in every sessions and gayles of deliuere to be kept and holden in and for the liberty of such cities boroughs to towns corporate, Al be it they haue no freehold, any act statute use custom or ordinance to the contrary hereof not withstanding. ¶ provided alway, that this act do not extend in any maner of wise to any knight or esquire dwelling abiding or resorting in or to any such city or borough● corporate, any thing in the same act mentioned or declar●d to the contrary hereof not withstanding. ¶ process of outlary to lie in actions of anno. v. R. ii. in covenant and annuity. xiiii. FOr as much as there is great delays in actions of trespass brought vpon the statute of king Richard the second, made in the .v. year of his reign, against thē that make entries in to any lands or tenements, where their entre is not given by the law, And also in actions of annuity & actions of covenant, because ther heath no process of outlary in such nature of actions. For reformation whereof it may please the kings highnes, by the aduise of his lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, to ordain and enact, that like process be had hereafter in every action from henceforth to be brought vpon the said statute of anno quinto, as is in a common action of trespass at the common lawe, and that also like process be had in every writ of annuitee and covenant hereafter to be sued, as in an action of debt. ¶ An act that the defendant shall recover costis against the plaintiff, if the plaintiff be nonsuited, or if the verdict pass against him. xv. BE it enacted by the king our sovereign lord, and the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that if any person or persons at any time after the feast of the purification of our lady, in the .xxiii. year of the reign of our sovereign lord king henry the viii. commense or sue in any court of record or else where in any other court, any action bill● or plaint of trespass vpon the statute of king richard the second, made in the .v. year of his reign, for entres in to lands and tenements, where none entre is given by the law, or any action bill or plaint of debt or covenant upon any especialtee, made to the plaintiff or pleintifes, or vpon any contract supposed to be made between the plaintiff or pleintifes, and any person or persons, or any action bill or plaint of detinue of any goods or cattels, whereof the plaintiff or plaintiffs shall suppose, that the property belongeth to them or to any of them, or any action bill or pleynt of account, in the which the pleyntife or pleintifes suppose the defendaunte or defendauntes to be their bailiff or bailiffs, receiuour, or receiuours of their maner mese money or goods to yield account, or any action bill or plaint vpon the case, or vpon any statute for any offence or wrong personal immediately supposed to be done to the plaintiff or pleintifes, and the plaintiff or plaintiffs in any such kind of action, bill, or plaint after appearance of the defendant or defendauntes be nonsuited, or that any verdict happen to pass by lawful trial against the plaintiff or plaintiffs in any such action, bill, or pleinte: that than the defendant or defendauntes in every such action, bill, or pleynt, shall haue iudgement to recover his costs against every such plaintiff or pleintifes. And that to be assessed and taxed by the discretion of the judge or iudges of the court, where any such action, bill, or pleint shall be commensed sued or taken. And also that every defendant in such action, bill, or plaint shall haue such process and execution for the recouere and having of his costs against the plaintiff or plaintiffs, as the same plaintiff or plaintiffs should or might haue had against the defendant or defendants, in case that iudgement had been given for the parte of the said plaintiff or pleintifes in any such action, bill, or plaint. ¶ provided alway that all and every such poor person or persons being plaintiff or pleintifes in any of the said actions, bills, or plaints, which at the commensement of their suits or actions be admitted by discretion of the judge or iudges, where such suits or actions shall be pursued or taken, to haue their process and counsel of charity without any money or fee paiyng for the same, shall not be compelled to pay any costs by virtue or force of this statute, but shall suffer other punishment, as by the discretion of the iustices or judge, afore whom such suits shall depend, shal be thought reasonable, any thing afore rehearsed to the contrary hereof not withstanding. ¶ An act that no english man shall sell exchange or deliver to be conueide into Scotlande any horse, gelding, or mere without the kings licence. xvi. Where before this time diuers of the kings subiectes, and namely of the north parties of this realm, as well in time of peace as of war, haue sold and delivered out of this, realm into Scotland many and diuers great multitude of horses, geldinges, and mares which hath been thought not onely great occasion strength and boldness to the Scottishmen, having in possession the same horses geldinges and mares in time of war to invade this realm, to the great detriment and hindraunce of the kings poor subiectes of this his realm, but also a great enfeblyng of the kings said subiectes in the defence of the same. ¶ Be it therfore enacted by authority of this present parliament, that if any person or persons after the feast of saint George the martyr next coming sel, exchange or deliver within their realm of Scotland or in any place or ground called the batable ground between England and Scotland, to the use of any Scottisshe man any horse gelding or mere without licence obtained of the kings highnes by his letters patents under his great seal so to do, or sell exchange or deliver to any Scottissheman with in this realm of england wales the town of berwick, or marches of the same or in any of the said batable ground, to thentent to be convyed into Scotlande, any horse gelding or mere without special licence obtained of the kings highnes by his letters patents under his great seal so to do: that than the same sale exchange or deliuere of such horse gelding or mere contrary to this present act shalbe adjudged and deemed by the law felony as well in the seller exchaunger or deliverer, as also in him or them to whom the same sale exchange or deliuere shall be made. And that it shall be leeful as well to the warden and wardens of the east west & middle marches for the time being, in their warden courts, as also to the kings Iustices of his peace in their quarter sessions in every shire of this realm, to inquire, here, and determine all and every such felonies, after like maner as is used in other felonies at the common lawe, whcther the same sales, exchanges, or deliueres be made had or done by any person or persons contrary to this act in the realm of Scotlande or in any parte of the said batable grounds, or within the realm of England, Wales, berwick or marches of the same. And that it shalbe lawful to every person and persons, being the kings subiectes, and inhabiting in the foresaid marches for against Scotlande, to arrest any Scottissheman leading or conueiyng any such horse, gelding or mere out of this realm into the said realm of Scotland: and that the moiety or one half of the price of the said horse, gelding, or mere, shal be to the use of the seysour and arrestour of the same after due trial of the same made. And the other moiety to the kings highnes. ¶ An act concerning the true winding of wolles. xvii. BE it enacted by the king our sovereign lord and the lords spiritual and temporal, with the commons in this present parliament assembled, and by authority of the same, that from hensefoorth no maner person ne persons do wind or cause to be wound any fleesse of wool being not sufficiently riuered or washed, no wind or cause to be wound within any fleesse, day, leede, stones, sand, tails, decepteful locks, coat, calls, combre, lammes wool, or any other thing, whereby the fleesse may be the more weighty, to the deceit and loss of the bier, upon pain the seller of any such deciptefull wolles to forfeit for every such fleece .vi. d. the one moiety to the king, the other to the finder and provver of the same deceit, by action of debt by original writ bill plaint information or otherwise in any of the kings courts, in which action no wager of lawe assoyne ne protection shall be allowed for the defendant. ¶ provided alway that this act concerning, r●ue●ing and wasshinge of any woll shal not in any wise extend to any shire or shires, the inhabitants whereof hath not customably used before this time to river or wash their sheep afore they be shorne, nor shall in any wise be hurtful or prejudicial to any person or persons, that hath used customablie to sell their wolles by tale or nombre of the fleece or fleeses and not by weight, any thing in this act to the contrary not withstanding. This act to endure to the next parliament. ¶ An act concerning pullinge down and avoiding of fisshgarthes piles, stakes, heckes, and other engines set in the river and water of Ouse and Humbre. xviii. THe maire, sheriffs, and commonalty of the city of york & other the kings true subiectes inhabiting and dwelling nigh unto the river of Ouse, and the water of Humbre, & all other occupiers of the same river and water, lamentably complaininge, shown unto our sovereign lord the king, the lords spiritual and temporal and the commons in this present parliament assembled, that where the said city being one of the most ancient cities of this realm, hath ben much reliued, maintained, and supported by the said river of Ouse and water of Humbre, which be the common and direct passage and way from Hull unto york aforesaid, by reason that many ships, keiles, cogs, and botes, & other vessels haue heretofore had their frank passages without let, impedimente, or interruption, in and vpon the said river and water of Ouse and Humbre from diuers parties of this realm unto the said city, whereby the said city hath hitherto most chiefly ben advanced: And now of late certain persons studieng onely for their own private lucre, not regarding the common weal, but daily imagining the utter destruction ruin & decay of the said city and the countres adjoining vpon the said river of Ouse and water of Humbre, and occupiers therof, hath and daily do keep preserve and maintain certain engines for taking of fish in the said river and water of Ouse and Humbre commonly called fishgarths, and set in the said river and water in such places of the same: where ships should haue their liberal and direct passage in the mids of the stream of the said river of Ouse and water of Humbre, stakes, piles, and other things in and vpon the common passage for ships, keyles, cogs, botes, and other vessels at diuers and many places in the said river of Ouse and water of Humbre: by reason whereof not onely the said ships keiles, cogs botes and other vessels are daily in indemnify, and men children goods & merchandises in the same of late haue been and daily be like more to increase to be drowned slain and destroyed, but also brood and f●●e of fish in the said river and water of Ouse and Humbre be commonly thereby destroyed and putrefied, to the utter unpouerisshment and destruction of the said city, oneles speedy remedy be in this behalf shortly provided. wherefore it may please our said sovereign lord, with the assent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that the lord chancellor of england, for the time being, by the kings commission under his great seal, afore the first day of May now next coming shall by his discretion appoint .viii. sad and discrete persons, whereof .iiii. of them to be of the citizens of the said city of york, and burgens. of the said town of Hull, and the other .iiii. to be .ii. of them Iustices of the peace of the west riddinge of the county of york, and the other .ii. Iustices of the peace of the East riddinge of the same county, that they viii vii. vi. v. or .iiii. of them, whereof two of them to be of the said citizens and burgens. of the said city and town, and other two to be, one of them Iustice of the peace of the west riddinge; and the other of the east riddinge of the said county, on this side the first day of june now next ensuing, shall haue power and authority to survey and se the said fishgarths, wears, piles, stakes, and other engines set and made in the said river and water of Ouse and Humbre: which said persons so assigned shall haue power and authority by virtue of this act to appoint and assign by their discrecions the owners of the said fishegarthes, stakes, piles, and other engines to avoid and pull up, or cause to be avoided and pulled up within .xl. daies after such surueyance made and monicion given to the said owners, even such and as much of the said fishgarths, piles, stakes, heckes, and other engines, which than by their discrecions shall be thought expedient, meet, and convenient to bee avoided and pulled up, that the said ships, keyles, cogs, botes, and other vessels, passing and repassinge on the said river and water of Ouse and Humbre, to or from the said city of york and town of Hull, may haue direct liberal and frank passage in through or vpon the said river of Ouse and water of Humbre without any perturbance impediment let or danger by reason of any of the said fishgarths, piles, stakes, or other engines than left erected and standing in the said river and water of Ouse and Humbre, and that the said owners on every side of the said fishgarths and other engines next to the middle of the said water streeme and passage of the said vessels, there to set or cause to set within the said .xl. daies before limited two piles of the length of one yard over and above the high water mark at the full sea of the said river and water of the spring tide, there to bee and remain, and to bee kept and repaired by the said owners when need shall require the same for ever, that such persons as shall pass and repass with ships keiles rogges and other vessels in the same waters, may haue perfect knowledge and sight of the direct way and passage in the said waters, through the said fishgarths and engines for the said ships keiles botes and other vessels. ¶ And be it enacted by the said authority, that the lord chancellor of england, for the time being, at all times after the said first surueiance, vpon request to him to be made by the mayor and cominaltie of the said city and town, or by any other citizen and burgens of the said city and town for the time being, or other person by them under the common seals of the said city and town authorised, shal haue power and authority by his discretion, to make and direct like commissions unto .viii. sad and discrete persons, whereof .iiii. of them to be the citizens and inhabitants of the said city and town, and the other .iiii. to be Iustices of the peace, the one of the west riddinge, and the other of East riddinge of the county of york, not of fee nor retained with the said city nor town, that they .viii. vii. vi. v. or .iiii. of them, whereof two of them shalbe of the said city and town, and the other .ii. Iustice of peace, the one of the east riddinge and the other of the west ridding of the said county, by virtue of the said commission, shall and may the said owners assign and appoint to pull up and redress or cause to be pulled up and redressed within .xxx. daies after monicion given to the said owners by the said commissioners or by such of them taking the charge of the execution of the said commission such and as much of the said fishegarthes and other impediments to be made in the said waters, to the let disturbance damage or ieorperdi of any ships keiles botes or any other vessels passing or repassyng to or from the said city of york to the said town of Hull, as by them shall be thought meet and convenient. ¶ And further be it enacted by the said authority, that no maner of person or persons within the said river and water of Ouse and Humbre, shall set fis●hegarthes or any other engines to take fish withall within the waters aforesaid, but onely with such nets and other engines as shall be of assize and measure, according to the standard and ancient and laudable customs used in the said river and water of Ouse and Humbre, and also to use the fisshynge within the said waters all such times as within the same hath of old time been accustomend, and at none other time. ¶ And further be it enacted by the authority aforesaid, that every of the said owners and occupiers of such fishgarths for every month offending contrary to this act, shall forfeit .xl. li. And every other person in fisshinge contrary to this act offending, shall forfeit .x. li. the one half of which penalty and penalties to be to our sovereign lord the king, and the other half to the mayor and commonalty of the said city of york and their successors, and the same to be recovered against every person and personnes so offending as well by bill information or otherwise at the kings suite as by original writ of debt at the suite of the said mayor and commonalty and their successors, in which action the party defendante shall not wage his lawe, nor haue any protection or essoin allowed. ❧ GOD SAVE THE king. ❧ arms of Henry VIII ARMA REGIS ANGLIE ET F An act concerning the kings gracious and free pardon for his spiritual subiectes within the province of york. Cap. xix. THe king our sovereign lord calling to his blessed & most gracious remembrance, that his good & loving subiectes, the most reverend father in god Edward archbishop of york, & other bishops suffragans prelates & other spiritual persons of the province of the archbishoprich of york of this realm of England & the ministers under written, which haue exercised practised or executed in spiritual courts and other spiritual jurisdictions within the said province, haue fallen and incurred into dyvers dangers of his laws by things done perpetrated and committed contrary to the order of his laws, and specially contrary to the form of the statutes of prouisours provisions and premuntre. And his highness hauyngr always tender eye with mercy pity and compassion towards his said spiritual subiectes, mindynge of his high goodness and great benignity so always to impart the same unto them, as Iustice being daily administered, all rigour be excluded, and the great and beneuolente minds of his said subiectes largely and many times approved towards his highnesse, and specially at their conuocacion and synod, holden in the chapter house of the metropolitan church of york by correspondence of gratitude to them to be requited, of his more motion benignity and liberality, by authority of this his present parliament, hath given and granted his liberal and free pardon to his said good and loving spiritual subiectes and the said ministers and to every of them, to be had taken and enjoyed to and by them and every of them by virtue of this present act in maner and form ensuing. That is to wit The kings highnes of his said benignity and high liberality in consideration that the said archbishop byshoppes and clergy of the said province of york in their said Conuocacion haue given and granted to him a subsidy of eyghtene thousand eight hundred forty pounds and ten pence of lawful money currant in this realm to be levied and collected by the said clergy at their proper costs and charges, and to be paid in certain form specified in their said grant therof, is fully and resolutely contented and pleased, that it be ordained established and enacted by authority of this his said parliament, that the most reverend father in god Edwarde archbishop of york metropolitan and primate of england, and all other bishops and suffragans prelates abbots priors and other conventes, and every person of the same conventes, and conventes corporate, and every person of the same conventes corporate abbasses prioresses and religious nunnes, and all other religious and spiritual persons deans and chapters and other dignities of cathederall and collegiat churches prebendaries canons and petty canons vicars and clerkes of the same and every person of the same, all archedeacons maisters prouostes presidents wardens of colleges and of collegiate churches, maisters and wardens of hospitals, all fellows brethren scholars priestes and spiritual conducts and every of the same, and all vicars general of dioces chauncellours commissaries officials and deans rurals, & al ministers hereafter generally rehearsed of any spiritual court or courts within the said province of york, That is to say, all iudges advocates registers and scribes, proctors constituted to judgements and apparitours and all other, which within the said province of the archebyshopriche of york at any time heretofore haue administered exercised practised or executed in any jurisdictions within the said province as officers and ministers of the said courts, or haue been ministers or executours to the exercise or administration of the same. And all and singular politic bodies spiritual in any maner of wise corporated, and all persons vicars curates chantrie priestes, stipendiaries, and all & every person and persons spiritual of the clergy of the said province of york, in this present act of pardonne hereafter not excepted, or to the contrary not provided for, by what so ever name or surname name of dignity pre-eminence or office they or any of them be or is name or called, the successors heires executours and administrators of them and every of them, shall be by authority of this present pardon acquitted pardonned released and discharged against his highnesse his heirs successors and executours and every of them of all and all maner offences contempts and grievances committed or done against all and singular statute and statutes of prouisours provisions and praemunire and every of them, and of all forfeitures and titles that may grow to the kings highnes by reason of any of the same statutes. And of all and singular grievances wrongs deceptes misdemeanours forfaytures penalties and profits, sums of money, pains of death, pains corporal and pecuniar as generally of all other things causes quarrels suits judgements and execucions, in this present act hereafter not excepted nor ●orprised, which may be or can be by his highnes in any wise or by any means pardonned before and to the tenth day of the month of march, in the .xxii. year of his most noble reign to every of his said loving subieetes: That is to say, to the said archbishop and other the said bishops suffragans prelates abbots priors and conventes and every person of the same conventes, and conventes corporate, and every person of the same conventes corporate, abbesses prioresses nunnes and spiritual persons in dignity, and all other religious and spiritual persons deans chapters presidents prebendaries canons petty canons vicars chorals and clerkes, archedeacons maisters prouostes presidents wardens fellows brethren scholars priests and spiritual conducts chauncellours vicars general of Dioces commissaries officials deans ruralles, all iudges advocates registers and scribes proctoures and apparitours, which haue administered practised or executed any jurisdiction in any spiritual court within the said province, and to the said politic bodies spiritual persons vicars curates chantry priests stipendiaries, and to al and every other person and persons spiritual of the clergy of the said province, and to al & every other person & persons before name. ¶ Also the kings highnes is contented, that it be enacted by authority of this present parliament, that the said free pardon shalbe as good and effectual in the lawe to every of the said spiritual subiectes of the said province and to every of them and to the said ministers and every of them, and to all and every of the said bodies corporate and other persons before name, and to every of them by the general words before rehearsed in all thing, which be not hereafter in this present act excepted, as the said pardon should haue been, if all offences contempts and forfeitures causes matters suits quarrels iudgemented execucions penalties and allother things not hereafter excepted bad ben particularly singularly and plainly pardonned name rehearsed and specified by proper or express words and names in their kindes natures and qualities in words and terms there unto requisite in the said pardon. And that his said subiectes hereafter not excepted nor any of them their said ministers successors heires executours nor administrators of any of them nor any of them, nor any of the said bodies corporate be nor shall be sued vexed nor inquieted in their bodies goods lands or cattalles for any maner matter cause contempt misdemeanour forfeiture trespass offence or any other thing suffered done or committed before the said tenth day of March against the kings highnes, his corowne, prerogative, laws, statutes or dignity, but only for such causes matters and offences as be specially and plainly rehearsed in thexcepcions for pryses and provisions in this present pardon here after mentioned, and for none other, any statute or statutes laws customs use or presidente heretofore made or used to the contrary in any wise not withstanding. ¶ Also the kings highnes of his bounteous liberality by authority of this present parliament granteth and freely giveth unto his said spiritual subiectes and their said ministers, that is to say to the said achebisshop and all other the said bishops suffragans, prelates, abbots priors conventes abbesses prioresses nunnes and spiritual personnes in dignity, and all other religious and spiritual persons deans chapters prebendaries canons petty canons vicars chorals and clerkes archedeacons maisters prouostes presidents wardens fellows brethren scholars priestes spiritual conducts chancellors vicars general of dioceses, commissaries officials deans rurals iudges advocates registers scribes proctors and apparitours bodies corporate, and politic bodies spiritual, persons vicars curates chantrie priestes stipendiaries and to al other persons spiritual men and women of the clergy or spiritualtie of the said province and to every of them al such goods cattalles fines issues profits amerciaments forfeitures and sums of money by any of them forfeited, which to his highnes do or should belong or appertain by reason of any offence contempt mysdemeanour trespass matter cause or quarrel suffered done or committed by them or any of them before the said tenth day of march, which be not hereafter specially and plainly forprised and excepted in this present act of pardon. And that all and every of the said spiritual subiectes and their said ministers, & al and every of the said bodies corporate and other persons before name may by himself or his or their attorney or attourneis according to the laws of this realm plead and minister this present act and free pardon for his or their discharge of and for every thing that is thereby pardonned without any fee or other thing therfore in any wise paienge to any person or persons for pleading writing or entre of judgement or for any other cause concerning the same but onely .xii. d. to the clerk that shall entre the plea maltier or iudgement for his or their discharge in that behalf, any statute or use to the contrary not withstanding. ¶ And furthermore the kings highnes is contented, that it be enacted by authority of this present parliament, that his said free pardon in all maner courts of his laws and else where shalbe reputed deemed judged allow●d and taken as well in the words and clauses of thexcepcions and forprises specified in this present pardon and act, as in all and singular the other clauses words and sentences mentioned and rehearsed in the said free pardon, most beneficially and auaylabile to all and singular his said subiectes, and to every of the said bodies corporate and polotike bodies spiritual and to every person spiritual of the said clergy and spiritualtie and to their said ministers & officers, and to all other persons afore name and to every of them, and to the successors heirs executours and administrators of every of them, and most strongelie in bar and discharge against his highnes his heirs successors and executours in every thing without obstacle challenge or other delay what so ever it be, to be made pleaded objected or alleged by the king our sovereign lord his heirs successors or executours, or by his or any of their general attorney or attourneies, or by any other person or persons for his highnes or any of his heirs successors or executours. ¶ And furthermore it is enacted by the king our sovereign lord, and by authority yf this present parliament, that if any officer or clerk of any of his high courts commonly called the kings bench chancery and commune place or of his exchequer, or any other officer or clerk of any other of his courts within his realm after the feast of Easter next coming, make out or writ out any maner of writtes or other process or any extractes or other precepts, whereby any person or persons of his said subiectes or any of the said bodies, corporate or politic bodies spiritual or any of them shall be in any wise arrested, attached, disteined summoned or otherwise vexed troubled or grieved in his or their bodies lands, tenements goods or cattals or in any of them, for or because of any maner of thing acquitted, pardonned, released, or discharged by this present act of free pardon, he so offending, and therof lawfully condompned shall yield and pay for recompense therof to the party so grieved or offended triple damages accounted as parcel of those damages all costs of the suite. And never the less all and singular such writtes, process, extractes and precepts after the said feast of Easter next coming to be made for or vpon any maner thing acquitted pardonned released and discharged by this present act of free pardon, shal be utterly void and of none effect. ¶ except always and forprised out of this pardon all maner of high treasons, all pmpensed and voluntary murders, all robberies of churches and robberies done vpon or to mennes persons, al other felonies and robberies by the common lawe, of felonous taking of money, goods and cattelles above the value of .xx. s. all felonous brenninge of houses, all carnal rauisshementes of women, all rasinge of records, all outlawries of high treasons, and of all maner of felonies, other than felonies to the said value of .xx. s. or under that some. And that al other outlawries had or promulgate vpon or against any of the kings said subiectes for any cause not being treason, murder, or felony above the said some of .xx. s. to be pardonned by the general words of this pardon aforesaid. So always that the same said subiectes and every of them so being outlawed stand to right to answer or satisfy the party at whose suite he is outlawed, according to the laws of this realm. ¶ Also excepted and forprised out this pardon all titles and actions of Quare impedit, and titles of presentacions, donacions and collations to benefice and other promotions spiritual, which the king our sovereign lord hath or is entitled to haue, other than be grown should or might grow unto our said sovereign lord by force or mean of any statute or statutes or prouisours, provisions or praemunire. ¶ And also excepted and forprised out of this pardon all rauisshements of the kings wards al wastes of the kings woods in his forests, parks, and chaces al conceilmentes of customs & subsidies, all riots, routs and unlawful assemblies committed & done above the nombre of .xx. persons. ¶ And also except al maner of alienacions & gifts into mortmain, & al alienacions gifts assignementes, wills & limitacions of uses of am manners lands tn̄tes, rents annuites & other hereditaments to th use of any maner mortmain, & al intrusions had made or done in or into any manors lamdes tn̄tes or other hereditametes sithence the fest of the nativity of our lord god in the .xxii year of the reign of our said sovereign lord. And also all offences committed and done by digginge down or casting down of any cross or crosses, which stood, or were set in any common or high way or ways. And all and singular debts other then debts grown vpon recognizances being all ready forfeited for surety of the peace, or for apparance at any day or place. ¶ And excepted and forprised out of this pardon all accounts and all actions suits and imposicions for the same accounts and arrearages of accounts and for the said debts or any of them hereby excepted and forprised, all homages and relieffes, all wilful escapes as well of conuictes as of other persons, debts which were due to the most noble king of famous memory king henry the .vii. or to any person or persons to his use by any condemnacion recognisance obligation or other wise, all and singular those forfeitures due to our sovereign lord the king henry the .viii. by any penal statute or statutes, which be converted in to the nature of debt by iudgement or by agreement of the offenders before the said tenth day of march: and all forfeitures and other penalties and profits grown or due by reason of any offence or act committed or done contrary to any statute or statutes, or contrary to the common law, whereof any seisour is made, or any information given into the kings exchequer or any suit commenced before the same tenth day of march, or whereof the kings highnes by his bill assigned, or otherwise hath made any gift or other assignment to any of his servants other then such actions fuites, forfeitures, penalties, and profits grown or due, or which might grow or be due to the kings highnes by reason of any offence contempt or act committed or done contrary to the said statute of prouisours provisions and praemunire or any of them. ¶ And also excepted all issues forfeited fines and amerciaments affered taxed set extreted or judged severally or particularly extendinge above the somme of Cxx. s. And that all and singular other fines as well fines prolicencia concordandi as other, and all other issues and amerciaments as well real as other, forfeited before the said .x. day of march, which severally or particularly extend not above the said sum of .cxx. s. whether they be totted or not totted taken to the charge of the sheriff, or not taken to his charge, extreted or not extreted, whether they be turned into debt or not debt, and not being levied nor received by any sheriff or sheriffs bailiffs, ministers, or other officers shalbe fully clearly and plainly pardonned and discharged to every of the kings subiectes before rehearsed, against the king our sovereign lord his heires and successors for ever. ¶ And it is further enacted by authority aforesaid, that in case it be objected to any sheriff or sheriffs or other accomptantes in the kings court of his exchequer, or in any other his courts, that any sheriff or sheriffs or other officers accontantes hath or haue received or taken any such fines issues or amerciaments before pardonned, released or acquitted: that than every such sheriff and sheriffs and other accomptantes shall be discharged released pardonned and acquitted therof by his or their oath without any further trial in that behalf. ¶ provided alway that this act of free pardon shall not extend or be in any wise beneficial to any clerk or other person of the said clergy or spiritualitee, being the said tenth day of march in the custody of the said archbishop, or of any other ordinary of the said province, as a person attainted or convicted by the laws of this realm of any murder, felony, or other crime or offence for or concerning deliverance out of the convict person, till that he shall haue made his purgation according to the laws or customs used in that behalf, or that he be therof discharged by the kings pardon or other lawful mean. ¶ provided also that this act of pardon shall not extend nor be prejudicial to the king our sovereign lord his heires or successors in any thing concerning or touching his right and title of dissolution of the college being in the vniuersite of Oxford commonly called the cardinals college, which was lately founded by the late reverend father in god Thomas late cardinal and archbishop of york, nor concerning the kings right and title to the suite of the same college. Nor shall extend or be in any wise beneficial or available to the dean and canons of the same college or any of them in any thing concerning the kings rights and titles in al manors, lordeshippes, lands, & tenements, aduousons, churches, pesonages, and other hereditaments of the said college or any of them. ❧ GOD SAVE THE king. ❧ Tho. Berthelet regius impressor excudebat. cum PRIVILEGIO,