the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ingham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6. 14. A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or o her dead Victuals whatsoever with intent to sell it again The Offendor in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescription These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6. 5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the same or the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7. 21. A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall not be felled until they bear ten inches square within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convert into tillage or pasture any Underwood or Copice containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set out a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to the same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it
whereby the Survey of the said Mannors may be made the more perfect The manner of making the Terrar or Field-Book may be thus A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the same the 10 day of M. 1656. wherein all the Messuages Lands and Tenements in the said Mannors are set forth butted and bounded The Tenure how all such Lands are holden and who be the right Owners thereof Then begin at what part of the Town you please so go through setting down every parcel of Land Messuage or Tenement distinctly abutting and bounding it and at last set down the Tenure and Title of the Owner or Inheritor according to his evidence for the same as thus if you begin at the Mannor house then begin your Survey Book A. B. Esq Lord ef the Mannor of H. c. holdeth one Messuage or Mannor house being the scite of the Mannor aforesaid in his Demeasne as of Fee together with Barns Stables Dove house Orchards Garden c. abutting and bounding the same exactly Then proceed to the next land as you go whether East or West if East then thus A. S. holdeth next and more East twenty Acres of Arable Land abutting c. as it lies c. by Copy of Court Roll ut patet per Cop. suam de Rotulis Curiae If it be Free-hold of Inheritance then say A. S. holdeth of the same Mannor one Free-Tenement c. abutting it exactly and putting down his Title and Tenure according to his Evidence If the Lords of Mannors and Tenants in their several Parishes and Townships would but joyn together with a little charge they might have Books of Survey made of their several Mannors wherein each mans Propriety might be recorded and known and this being done but once in an age or by every succeeding Lord his Tenants and himself might live in amity and tranquillity and many chargeable and vexatious Law-Suits to the undoing of thousands avoided and people might quietly follow their Vocations at home and not the promotion of others by the ruine of themselves But probably the Obstructors of Peace will give me small thanks for this Oh Mounseur Self-ends and Avidus when wilt thou depart from us R. T. Pacis dulcis Amator Acording to promise I shall proceed to declare the manner of proceeding in some inferiour Courts of Record of this Commonwealth bot declaring them sitter Objects of Reformation then Pratice they were indeed originally instituted for the more speedy administration of Justice between party and party in their Corporations but are now by the corruption of time become Instruments of vexation and injury and because they are seated in the Metropolis I shall first begin with the Sheriffs Court of London There is holden at the Guild-hall for the City of London two Court-days for one Compter holden before one of the Sheriffs and two Court-days for the other Compter before the other Sheriff in every week holding Plea in all personal Actions ad infinitum Their Practice in both Courts differs neither in manner nor form nor substance but the beginning of their proceeding I mean the levying of their Plaints is the most unjust and illegal both in the eye of the Law and of all rational people of any Court in the World For indeed the blame of all Courts is that they do not issue out Summons and take sufficient Pledge to prosecute upon the Return of the Summons as the Law originally intends before the awarding of any Capias for arresting the Body of the Defendant but return an Originall of course as they call it sometimes and sometimes not at all putting John Doe and Richard Roe for pledges to prosecute whereas indeed there ought to be a due Summons first returned and Pledges that iâ— sufficient Sureties That if the Plaintiff do not prosecute or be overthrown in his Action the Defendant shall be satisfied his costs and damages for his unjust trouble charge and vexation But the Practice of these Sheriffs Courts is so far from this that they make out no Process nor Precept at all for to warrant their Arrest But they have a Book in their Office at the Compter-gates wherein they enter the Actions that is the Plaintiffs and Defendants Names and the Debt or Damage and that is all And this is most often done after the party is arrested and in Prison for if two of their Varlets meet a man in the street minding to make a prey of him for which they continually lurk they immediatly seize on him if they know but any person he hath any dealing with be the Case right or wrong they presently drag him to the Compter or their petty Goals at next door and then run and enter against him what Actions they please in the Name of any Man And at the next Court-day the Defendant perhaps after two or three days imprisonment may obtain a Non-Sute and shall have adjudged him 7 s. 2 d. for his Charges which is not the tythe thereof and that he may look for if he can tell of who or any man whatsoever that hath any envy in his breast which there are few that want may come and enter an Action against any man he 's minded to do a mischief unto and keep him in Prison at 8 d. per week charges to the Knave as long as he livâ—s And their way of taking of Pledges of prosecuting is thus To demand of the Plantiff or he that enters the Plaint where he lives if he say in Fleet-street then then they enter Pledges to prosecute Johu Fleet Richard Street if in Common-Garden then Pledges c. John Common Richard Garden according to the place the party names though no such man be And it is a great oppression to Country-people who are thus snapt up by irregular Proceedings This is not to expedite Justice but to disgrace the Law and wrong the Commonalty By this means I have known many utterly undone and some have lain in Prison five weeks upon this account and never knew heard of nor could never find out his Adversaries And then after this he hath non-suited their Actions entred over and over again they take a President from a worse then this that I must take so much leave as plainly to speak of that is the Court of Upper-Bench from whence issues a Writ called a Latitat or in the County of Middlesex A Bill of Middlesex and uppon the supposition of one of these returned though never any such thing be they reward a Latitat into all Counties to take the Defendant without naming the cause onely Trespass be it what it will be upon which if he cannot put in bayl he shall lie in Prison three Terms which somtimes with the Vacations to boot is above three quarters of a yeer and then if the Plaintiff declare not he may obtain his Liberty by a Supersedeas if he hath money
rent by the Tenant of the Land or by Rescous with force this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt-Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrift or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Games or play thereat forfeits 6 s. 8. d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forfeitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gamesteâ—s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six mon hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilfull perjury shall forfeit 20 l. six months imprisonment and be dis-abled for a Witness unless the judgement be reversed and if he cannot pay the Fine he is to stand in the Pillory and have both his ears nailed Stat. 5. El. 9. By forswearing I mean giving false evidence upon Oath before a Judge of Record and this is Perjury for if a man bring an Action on the Case for scandalous words against another for saying of the Plaintiff be forswore himself it wil not bear an Action unless he say he forswore himself in a Court which is a Court of Record being called there for a Witness And here by the way I must needs memtion a Case which is odious T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Windsor in a Cause there depending between F. W. c. he had done the same before at Abingdon and hath since therewith W. F. against the same F W. upon an Indictment H. S. commits wilful Perjury at Windsor is found thereof guilty by Indictment at W. where there was no Sessions kept a long time before nor because of their kind usage to the Country since at the Seissions the business was so handled by Tom Sneaks and his Friends that it was alledged that Windsor Court was not a Court of Record and unless the Prosecutor presently prove it which they knew upon an instant he could not the Defendant should be acquitted and so he was thereupon Rare Justice But in the Court of W. it is no wonder I could name two or three more admirable Presidents between these parties and some acted in the Town-Court of Okingham inter Sims and Magick but I 'll reserve them till another time for another intended Subject The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information one half to the King the other to the Prosecutor and may be laid in any County though the Offence was not committed there This Act ought to be proclaimed at every Assize and great pitty it is in my opinion that there is no greater punishment ordained for Perjury It is in al respects equivalent to murder and why should not the committers thereof receive