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A55555 A treatise of the antiquity, authority, vses and jurisdiction of the ancient Courts of Leet, or view of franck-pledge and of subordination of government derived from the institution of Moses, the first legislator and the first imitation of him in this island of Great Britaine, by King Alfred and continued ever since : together with additions and alterations of the moderne lawes and statutes inquirable at those courts, untill this present yeare, 1641 : with a large explication of the old oath of allegeance annexed. Powell, Robert, fl. 1636-1652. 1641 (1641) Wing P3066; ESTC R40659 102,251 241

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grinde presentable Conspiracies in Butchers IF any Butchers Brewers Bakers Poulters 2 3 Ed. 6. c. ●● Cookes Costermongers or Fruiterers not contented with moderate and reasonable gaine shall conspire covenant promise or make any oathes to sell their victuals but at certain prices Or if any artificers workmen or labourers do conspire covenant c. not to make or doe their workes but at a certaine price and rate or shall not enterprise or take upon them to finish what another hath begun or shall doe but certaine worke in a day or shall not worke but at certaine houres and times Every person so offending being lawfully convicted thereof by witnesse confession or otherwise shall forfeit as followeth 1 Offence ten pound to the King if he have to pay within six dayes after his conviction or twenty dayes imprisonment with bread and water for his sustenance 2 Twenty pound to the King if he have to pay within six dayes or else the punishment of the Pillorie 3 Forty pound c. payable within six dayes or else to sit in the Pillorie lose one of his eares and at all times after to bee taken for a man infamous and his oath not to be credited in any matters of judgement And if such conspiracie c. be had and made by any societie brotherhood or company of the victuallers above mentioned with the presence or consent of the more part of them that then immediately upon such act of Conspiracie covenant or promise over and besides the particular punishment before appointed for the offender their corporation shall be dissolved to all intents constructions and purposes False weights and measures IF any keepe and use any false measures of bushels gallons ells yards or false weights ballances and pounds Double weights c. OR if any use double weights and measures the greater to buy with and the lesser to sell with to deceive the people in Mag. Car. ● 26. one speciall branch for the uniformitie of weight and measure is in these words S. Vna sit mensura vini per totum Regnum nostrum una mensura cervisiae una mensura bladi et de ponderibus sicut de mensuris Also by the foresaid Stature of 51 Hen. 1. It was to be inquired if any sold by one measure and bought by another or if any did use false ells weights or measures which was confirmed and inlarged by 27. Ed. 3.10 It is Gods law injoyned by Moses unto the people You shall doe no unrighteousnesse in judgement in mete yard in weight or measure just ballances just weights a just ephah and a just hinne shall yee have Levit. 19. vers 35.36 Wines THe Statute of 7 Ed. 6. 7 Ed. 6 c. 5. ca. 5. intituled an Act made to avoid the great and excessive prices of wines for so much as doth concerne the prices of wines or the restraining of having wines in mens houses is repealed 1 Iac. 25. But no person shall keepe any Taverne or sell or utter by retaile by the gallon or lesse or greater measure in any place any Gascony Guyon or French nor any Rochel wines nor any other wine or wines in any place except it be in cities townes corporate Boroughs Port townes or Market townes or in the townes of Gravesend Sittingborne Tuxford and Bagshot upon paine to forfeit for every day so offending ten pound No person shall sell wines by retaile in any Citie borough c. unlesse he be assigned by the head officers and the most part of the common Counsell Aldermen c. for the time being of such City c. by writing under the common seale Nor in any Citie or towne c. not corporate or in the townes of Gravesend Sittingborn or Bagshot unlesse he be appointed by all or most part of the Iustices of peace of that Shire at the generall Sessions of the peace by writing under their severall seales under paine for every day five pound And if any having authoritie c. shall nominate and appoint more or greater number of Taverners or Wine-sellers than by the Statute is limited to be assigned in severall places shall forfeit for every such nomination or appointment five pound And none shall sell or retaile any kinde of wines to be drank or spent in his mansion house or other place in his tenure or occupation by any colour craft engine or meane upon paine to forfeit for every such offence ten pound The Steward in every Leet and the Sheriffe in his Tourne inter alia have power to enquire by the oathes of twelve lawfull men of all offences done contrary to this Act and every inquirie and presentment so taken shall be of such force as if it were had or taken in the Kings bench and the foresaid penalties upon any such presentment and no bill plaint action or information thereof commenced in any the Courts of Record shall bee divided equally in two parts whereof one to bee to the King and the other to the poore of the towne or place c. To bee sued presented c. within one yeare Deceits in Tradesmen IF any Tradesman or Artificer whatsoever doth use any fraud shift slight or deceit in the making of his and their ware and chaffer and doe not make the same as they ought wherby the people are deceived Learned Lynwood titul de haereticis ca. finaliter sets forth seven sorts of Mechanick arts or trades and in the first sort he rankes all those qui circa pilos et lanam pelles et carnes operantur those that meddle with haire or wooll hide or flesh amongst whom are butchers Tanners Curriers Shoomakers or Cordwayners and others cutting of Leather all comprized in the Statute of 1 Iac. ca. 22. the butchers I have singled out already in their due place Clothmakers and Labourers thereof IN the occupations of Clothmaking the laborers thereof were driven to take a great part of their wages in pinnes girdles and other unprofitable wares and had delivered unto them woolls to be wrought by very excessive weight whereby both men and women were discouraged of such labour It was therefore ordained That all clothmakers should pay to the carders spinsters and all other labourers in any part of that trade lawfull mony for all their lawfull wages And should also deliver woolls to be wrought according to the faithfull deliverie Repealed 5 Eliz ● and due weight thereof upon paine to forfeit to every labourer The treble value of the wages so not paid And for every default in deliverie of excessive and unlawfull weight six pence That every carder spinster weaver fuller shereman and dyer shall duely performe his dutie in his occupation upon paine of yeelding to to the partie greeved double dammages That every fuller in his craft of fulling tasselling or rowing of cloth shall exercise and use tazels and no cards deceitfully impairing the same cloth upon pain to yeeld to the partie grieved double dammages Every Steward of Wapentakes and Leets out of any
of felony by the statute of Westm 2 cap. 24. A pardon of all Felonies in generall words doth not discharge a Rape without speciall words by the Statute of 25 Edw. 3. ca. And the benefit of Clergie is taken away by the Statute of 18 Eliz. cap. 6. It was ever anciently enquirable at the Tourn and Law day where it was not presented before the Coroner 18. E. 2. Vpon a presentment before the Sheriffe in his Tourne and returned upon a Certiorari into the Kings bench of a Rape feloniously committed it was the opinion of Hussey chiefe Iustice and other Iudges 22 Edw 4. fol. 22. that the presentment was void and that the power of a Sheriffe in his Tourne and of a Steward in the Leet being all one they had no authoritie to enquire of any things but such as were felonies and trespasses by the common Law Yet it seemes the wisedome of the common Law thought fit to continue and maintaine the enquirie of that and other offences at Tourns and Leets in the same nature and condition as they were before the alteration by Statutes And though the Statute lawes have in many cases enlarged and extended the punishment yet have they not abridged the ancient discipline and jurisdiction of those Courts All Rapes are here inquirable as trespasses and so it appeares by Fitz. in his Court Leet and in M. Kitchin and all other tracts of this nature Phisyognomie defaced or disfigured IF any put out any mans or womans eyes or cut out their tongues or noses or disfigure any member to the intent they should not see nor speake it was and is inquirable as bloodsheds Fitz. Leet 1 Mariae And yet by the Statute of 5 Hen. 4 cap. 5. The malicious cutting out of the tongue or pulling out of the eyes of the Kings liege people were made felonie and not without good ground sithence they are the principall members to glorifie almighty God The eyes to looke up to heaven I will saith the Psalmist 12 1. Lift up mine eyes unto the hils from whence commeth my help And Psal 123. Ad televavi oculos meos Vnto thee lift I up mine eyes O thou that dwellst in the heavens The tongue to chaunt and send up the sweet incense of prayers and praises to the mercie seat of heaven It must be malice in excesse that dare adventure the depriving and defacing of those instruments and organs of Gods glory Felonies which concerne the taking away wasteing and consuming of Life Bodie and Goods Sorcerers Conjurers and Witches ALL Sorcerers Conjurers and Witches which sort of offenders were by the common law guilty of felony and were to be burnt Fitz. Nat. fo 269. who cites for his authority Britton lib. 1. cap. 17. It was death by the law of Moses Thou sh●lt not suffer a witch to live Ex. 21.18 A man or woman that hath a familiar spirit or that is a wizard shall be surely put to death they shall stone them with stones their blood shall bee upon them Levit. 20.27 For the repressing of those abominable offences divers lawes were made 33. Hen. 8.8 and diverse other succeeding statutes All repealed 5 Eliz. 16. And that Stature adnulled by An. 1 Iacobi 12. By which for the better restreyning the said offences and more severe punishing the same It was enacted That if any should practise or exercise any invocation or conjuration of any evill and and wicked spirit Or should consult covenant with imploy or reward any evill and wicked spirit to or for any intent or purpose Or take up any dead woman or child out of their grave or other place of rest or the skin bone or any other part of any dead person to bee used in any manner of Witchcraft or Sorcerie Or shall use or exercise any Witchcraft Sorceric Charme or Inchantment whereby any person shall be killed destroyed wasted consumed pined or lamed in their bodies or any part thereof It shall be felonie in them their aiders abbetters and counsellors without priviledge of Clergie or Sanctuary And if any by such practices shall take upon them to declare where any treasure of gold and silver should or might be found or had in the earth or other secret places or any goods lost should be found Or to the intent to provoke any person to unlawfull lust Or whereby any person should be destroyed hurt wasted or impaired in their bodies cattell or goods although the same be not effected and done The first offence is imprisonment for one whole yeare without baile and once in every quarter of that yeare to stand in the Pillory in a market towne in open market or saire by the space of six houres and there to confesse their offence And the second offence felony without any priviledge of Clergie or Sanctuary This Statute so exactly deciphering these offenders doth seeme to receive its light from the Levi●icall law Deut. 18. vers 10 11 12 Those that ●asse through the fire that use divination or are observers of times or an inchanter or a Witch or a charmer or consulter with familiar spirits a Wizard or a Necromancer all that doe these things are an abomination to the Lord c. These offences are inquirable at the Tourne and Leet by the Common Law Felonies which concerne the goods of any person and first of Gods House Sacriledge SAcrilegious ●obbing of Churches or Chappels or other holy places and taking away any ornaments out of them feloniously is here inquitable as Felonie Such as Lyc●●●chus the wicked Church robber is described to be Maccha 2.4.42 who for his offence was stoned by the multitude Such offenders in our daies have not the benefit of Church or Clergie Frustra petit auxilium Ecclesiae quipeccat contra Ecclesiam Latrocinium Thest ALL Theft called by the Law Larceny Latrocinium which Bracton describes to be Contrectatio rei alienae fraudulenta animo furandi invito illo Cujus res fuerit is either de re magna of any thing above 12 pence or de re parva under twelve pence But note that this Contrectatio rei alienae must be of personall things and not of reall things as to cut downe a tree and carrie it away Or to take away a boxe with Charters Or to take and carrie away treasure trove any wrecke of Sea or wayfe or strayes is not felony Quia Dominus rerum non apparet Cut-Purses or Pick-Purses A Kinde of evill disposed persons felons and theeves by the law which commonly usurpe amongst themselves a wicked brotherhood and live by the spoile of good and true Subjects by felonious slights and devices from which they have their appellation they set up their shop every where not only in places of commerce as markets and faires and other popular meetings but in the sacred places of pietie and justice nay at the very execution of malefactors which should bee a terrour to them Britton cites the inquirie of them at the Tournes and Stat. 8 Eliz. 3 bars