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A74017 Anno tertio Henrici Octavi The kynge our soueraygne lorde Henry the eyght ...; Laws, etc. England. 1563 (1563) STC 9362.1; ESTC S121528 14,385 16

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detestable wise thē hath ben oft seen in times past And the persons so offendinge little regarde the punishment thereof by the course of the common lawe ne by reason of any statute heretofore made but beare theim bolde of theyr Clergie and imagininge and pleadinge of feygned and vntrue foraine pleas triable in foraine coūtyes to thinfēt to be remoued from place to place by colourable and vntrue suggestions and for to be vntruely acquite by fauour might and corrupcion so that they liue in maner without feare or drede For reformacion wherof and for the common welth of this realme and to put the sayde murderers felons and offenders in more feare and drede so to offende Be it ordeined established enacted by the kynge our soueraigne lorde the lordes spiritual and temporal and the commōs in this present parliament assembled and by auctoryty of the same that all persone or persones hereafter committinge murder or felony in any churche chapell or halowed place or of and vppon malyce prepensed robbe or murder any personne or personnes in the kinges highewaye or els robbe or murder any persone in his house the owner or dweller of the house his wife child or seruaunt than being therin put in feare or drede by the same that such persons so offending be not from henceforth admitted to his or theyr clergy suche as bene within holy orders onelye excepte And ouer that be it enacted by the sayd auctority that if any murderer or felon vpon his arrainment hereafter do alledge that he had taken anye church or churchyard for murder felonye or other place preueleged for the same in a foraine county and against his will taken out thereof that than the kynges attournay or any other person that will sue or aledge for the kinge that the sayde murderer or felon so arayned was taken at large in the same shire where he is so arayned that than the same allegeaunce and issue to be tried by thenquest that should try the sayd murder or felony within the same shyre and before the same Iustice where the sayd murderer or felon is arrained as though the sayde forraine plea had not be pleded by the sayd felon And if it be founden by the same inquest that the sayd murderer or felon was taken within the same shire as is aforesayde that than he to haue none auantage or benefit of the matter alleged by him for takinge out of the church or churchyard or other place priuiledged in any suche foraine shire And this acte to endure to the next parliament ¶ An acte concerninge Iuries in London Cap. iij. WHere at a parlyamente holden at Westmin the .xj. yeare of the reigne of king Henry the .vij. for the good due administracion and expedition of Iustice it was ordeined and amonge other thynges enacted that euery person hereafter to be enpanelled or sommoned to appeare in any Iury or inquest in any courte within the city of London before any Iudges of the same city making default at the first sommons should lose forfaite xij.d And at the second defaut ij.s And so at euery such defaut after that the issues and penalties to be doubled And also such issues lost in the Maires courte should be forfaited leuied and perceiued to thuse and behoue of the maire and the comminalty of the sayd city And that all such issues loste in the sheriffes court or courtes should be forfayted leuyed and perceyued to the vse of the sheriffes of the same city for the time being toward their fee ferme as by the same act more plainely doth appeare in the whiche acte is not expressed howe or by what meanes the foresayde issues so lost forfayted for none apparāce of the persons so impanelled and sommoned should be leuied The lacke whereof is the cause that suche persons as haue bene impanelled and sommoned as well for the kinge as betwene party and party beinge substanciall and indifferēt haue made many tymes defaut and woulde not appere And so it remaineth in like mischiefe as it was before the makinge of the foresayd act to the greatlet of Iustice and the delaye aswell in the kynges causes as in other causes betwene parties wherfore for the good execution of the said statute and pertit remedy in this behalfe to be had Be it established ordeined and enacted by the kinge our soueraigne lorde by thassent of the lordes spirituall and temporall and the commons in this presente Parlyamente assembled and by the auctority of the same that for all such issues in forme aforesaid hereafter to be lost or forfaited in the maires court it shal be lawfull to the sayde mayre and to his successours to distreine and the same distresse to reteine till he or they be satisfied of the said issues And in like maner that it shal be lawfull to the foresayd sheriffes and their successours to distraine for suche issues lost in their court or courtes and the sayd distresse to reteine till they be satisfied of the sayde issues Item for as muche as after issues ioigned in actions and sutes commenced taken or dependinge in the kinges courts before hym selfe in his bench and before his Iustice of the commen benche And also in his escheker at the kynges suite or at the suite of the parties triable in the sayd city of Lōdon as well the kinge as the parties haue suffered great delay many times for defaulte of apparaūce of the iurours impanelled to trye the sayd issues and many times for lacke of iurours not hauing landes tenemētes of the yerely value of xl.s Be it ordeyned and enacted by the sayd auctority of this present parliament that the sheriffes of London for the time beinge haue full auctority and power to retourne in panelles or arraies of all actions suites nowe dependinge or that shal depend in any of the sayde courtes or escheker persons beinge citizens hauinge goodes to the value of C. marke or aboue to trie the issues ioygned or to be ioygned in euery suche action or suite And the persōs so retourned hauinge goods to the value of C. marke or aboue shal be sworne and do in all such iuries in likewise in euery thinge as other persons shall do hauynge landes and tenemētes of the yerely value of xl.s ouer all charges And ouer that be it ordeyned by the sayde auctority that the sheriffes of the sayd city for the time beinge shal retourne vpon the first distresse in euery such action or suite vpon euery of the iuries impanelled to trye the issues thereof xx.d And vppon the seconde distresse vpon euery of the same iurours xl.d And vppon euery distresse after that vppon euerye of the same Iurours the double tyll a full Iury in euery such Action and suite shall appere and be sworne to trye the issues ioygned in the same And that the sheriffes that shall make any retourne vpon such distresse cōtrary to the fourme aforesayde shall forfayte for euery suche defaulte x.li the one halfe
ANNO QVARTO HENRICI VIII THe Kynge our soueraygne lorde Henrye the viij after the conquest by the grace of God king of England and of Fraunce and lorde of Irelande at his parlyamente holden at Westminster the iiij day of Nouember in the fourh yere of his most noble reygne after the prorogation to the honour of God and holye churche and for the common weale profite of this his realme by the assent of the lords spiritual and temporall the commons in thys presence parliament assembled by aucthoritye of the same hath doo to be ordeined made enacted certaine statutes and ordynaunces in maner and fourme folowing THE TABLE AN acte concerninge makinge of bulwarkes on the sea-side Cap. i. An act concerning punishment for murther Cap. ii An act concerning iuryes in London Cap. iij. An act of proclamacions to be made before exigents be awarded in forrayne countyes Cap. iiii An act repelling penaltyes for geuinge of wages to labourers and artificers Cap. v. An act concerning customers comptrollers for sealyng of cloth of gold siluer and al other maner of silkes and corses Cap. vi An act concerning peuterers and true weightes beames Cap. vii An act concerning Richard Strode Cap. viii FINIS TABVLAE HENRICI OCTAVI An act concerning making of Bulwarkes on the sea syde Cap. i. PRayen the commons in this presente parliament assembled that for as muche as the lande of Britayne and also the hauen of Brest lyeth streight agaynst the South sea costes of the county of Cornewal and that the Frenchmen our auncient ennemies and Britaynes enemyes by reason of their fishyng vpon the sea costes know as well euery hauen and creeke wythin the sayd countie as euery lāding place in as large maner as anye subiecte of our soueraine lorde the kinges doth And that the sayde countye is lxx myle in length and the substaunce thereof righte little more than vi mile in breade from the south sea to the north sea by reason wherof they also know that great multitude of people cannot shortly resorte to put them of at their landing and that in diuers and many of the sayd landinge places nother pile blockhouse ne bulwarke is made to greue or annoye them at theyr landing which consideracions vnto our said enemies greate audacitie comforte and courage geeueth to arriue and lande in the same parties to the great annoyaunce of our sayd souereigne lord his subiectes there and to the vtter vndoing of diuers and many of them vnlesse a remedy be the sooner prouided Therefore be it enacted by the king our soueraigne lord his lords spyrituall and temporall the commons in this present parliament assembled and by auctority of the same that the Iustices of the peace and sheriffe of the sayd county do ryde and view all the sayde South coste from Plymmouth westward to the lands end And that done incōtinent to appoint wythin themselues suche boroughes townes and paryshes as they shall thincke reasonable to make bulwarkes brayes walles ditches all other fortifications for the same cause in maner forme and fashion as shall bee thoughte by theyr discretion in euery of the sayd landing places betweene this and the fyrst day of March next now comming And farther be it enacted by the sayde auctoritie that euery Mayre and constable of the sayde countie by the sayd Iustices of peace or sheriffe appointed do commaunde all thinhabitauntes within the precincte of theyr office to be at the sea side wyth such instrumentes as they haue or can get for the making of the sayde bulwarkes and other the premisses in such lāding places as shal be assigned by the sayd Iustices of the peace or Sheriffe And that the said maire or constables do commit to warde all such wilfull personnes as wyll not obey come nor sende any other person to the sea syde● to make the said bulwarkes and other the premisses at the day and time by the sayde Maire or constables to bee appointed and there to remaine withoute bayle or mainprise by the space of tenne dayes or lesse at the discretion of the sayde Mayre or Constables And if any of the sayde Mayres or Constables do not their duetie as is aforesayd that than the Iusticees of the peace nexte adioyning do committe to warde the same Mayre or Constable so offending there to remayne wythoute bayle or maynepryse by the space of a moneth or els at the discretion of the Iustice of peace And also be it enacted by the said auctority that good and substanciall bulwarkes braies walles ditches and all other fortifications in euery lāding places in maner fourme fashion as is aforesaide as wel frō Plimmouth aforesayd by the sea costes Estward as in al other parts within the realme of England be made there as the Iustices of the peace Sheriffe within that shyre where any such landing places be shal thincke nedeful And that euery Iustice of peace Mayre and constable within euery shyre where any suche landinge places bee haue lyke and as good auctority by this present acte to commaund the inhabitantes of euery borough towne and parish adioyninge to the sea syde or els where after the discretions of the Iustices of peace to make the sayd bulwarkes other the premisses and also commit to warde all such wilfull persons as will not obey in like maner as the Iustices of the peace Maires constables of the said countie of Cornewall may do by any of the actes aforesayd And ouer this be it enacted by the sayde auctority that it be lawfull for euery of the kynges subiectes within this realme of Englande by the aduise and assignement of the sayde Iustices of the peace or sheriffe to make all maner of bulwarkes and other the premisses in euery mans grounde of what estate or degree he be of and also to digge and to delue as wel for earth stones and turfes as to cut and to hew heth in any mans grounde for the makynge of any suche bulwarkes and other the premisses as ofte and as many times as neede shal requyre and the sayd erth stones turfes and heth to take and occupie and cary awaye oute of the saide grounde to any other mans ground for the making of any such bulwarkes and other the premisses in whose ground so euer the sayde earth stones turfes and heth happen to bee wythout any interruption or let of any person or persons being lord or lords of any such ground or hauinge any other interest in the same And without any maner of payment to be demaūded for any of the premisses or any maner of action by any maner or person or persōs at any time hereafter to be attempted or in any wyse mainteyned against any of the kinges subiectes for any such matter or cause And this acte to endure to the next parliament An act for punishment of murther Cap. ii WHere as robberies murders felonies daily encrease more and more and bene committed and done in more heynous open and
entent that the makers of such wares shall auow the same wares by them as is abouesayd to be wrought And that al and euery such wares not sufficiētly made and wrought and not marked in forme abouesayd foundē in the possession of the same maker or seller to be forfayted and if the same ware be solde the sayd maker to forfait the value of the same so vnlawfully wrought and sould the one halfe of the said wares or the value thereof to be the vse of your highnes and the other halfe to be to the vse of the finder or serchers of the same Also that it may by the sayd auctority be enacted and establyshed that if any person or persons hereafter vsyng bying and selling of peauter or brasse that hereafter occupy any disceiuable or false beames or weightes of the said wares that euery suche person or persons vsynge or occupyinge suche dysceyuable and vntrue beames or weyghtes to forfaite xx.s the one half to the kynge and the other halfe to the partye that therefore shall sue by action of det and that in the said action no protection nor essoyne shal be allowed And also the sayde party so offendings shall forfaite his beame to him that shall cease it and if the sayd offender or offenders be not sufficiente to pay the sayde somme or sommes by theym so forfayted that then it shall bee lawfull to the Mayres bayliffes or other heade officers of suche place or places where any such offenders shal be found to put them in the stockes and them so to kepe till the next market day next adioyning in the market place to put them in the pillorie all the market time And furthermore that it be lawfull by the sayd auctority that the maister wardeins of the sayde craft of peuterers wtin euery citie and borough of this realme where such wardeins are and where no such wardens are the head officers or gouernours of the same citie or borough to appoint certeyne persons most expert in knowledge of the same to make serch within the sayd citties or boroughes where they dwell And ouer this the Iustices of peace within euery shyre at the generall sessions holden at Mighelmas shal assigne and appoint two certaine persons hauing experiēce therin to make serch in the premisses in euery part of that shire as well within the fraūches as without sauing in cities or borowes wher serchers be appointed by the heds or gouernours of the same And that all such vnlawfull peauter or brasse as the sayd searchers shall find the one halfe to the vse of your grace and the other half to the said serchers And that in the defaute of the said maisters wardeins of the sayd occupacions not serching informe as is aforesayd and wherby that any such vnlawfull mettels is caste or made or vnlawfull weightes vsed that then it shal be lawfull to any person or persons hauing sufficient cunninge knowledge in the said occupacions by ouersight of the maire bayliffes or heade officers of the sayde citties boroughes and townes to search al the sayd places and to put sayd auctoritie and acte in executiō in forme aforesayd Pleaseth it therfore your grace and wysedomes in so much as the sayd acte is thought good and profitable that it be ordeyned enacted and established by the lordes spyrituall and temporall and the commons in this presente parliamente assembled and by the auctority of the same that the sayd act may endure for euer And ouer that be it enacted by the sayde auctority that if any vntrue or deceyuable mettell or workemanship of Tinne or peauter be founden either in platters chargers disshes saucers potengers trenchers basins flagons bottels pottes saltesels goblettes spones cruettes or candelstickes or any other suche wares of tinne or peauter wheresoeuer it be cast made or wroughte wythin this realme or wythout and brought to be sould within the same realme that than it shal be lawful to the mayre of the cittie of London and the maister and wardēs of the craft of peauterers of the sayd city for the time being and theyr deputies to haue serch of the same wythin the cittie of London and the suburbes of the same And that in all other citties boroughes and townes where any wardeins bee or shall bee the Mayres bayliffes or heade officers and wardeynes to haue like aucthoritie And where no wardeins be than the head officers or gouernours of the same citties boroughes and townes to appoint certaine persons most experte cunning in knowledge of the same to make serch wythin the sayd cities boroughes and townes where they dwell And if any such new wares wrought of tinne and peauter as is aforesayd be found defectise beinge in the possession of the sellar that then same person or person that putteth any such newe wares of peauter to sale shall forfaite the same wares the one halfe to the vse of our soueraigne lord the king and the other halfe to the serchers or finders of the same Prouided alway that this act concerning the forfayture be not preiudiciall nor hurtfull to any person or persons hauing graūt of our soueraigne lord the kinge or of any of his noble progenitours by his letters patents of such forfayture but that they and euery of them shal may enioy the same according to theyr former grauntes and libertyes An act concerning Richard Strode Cap. viii LAmentably complayneth sheweth vnto your most discrete wysedomes in this present parliamēt assembled Richarde Strode gentleman of the county of Deuonshyre one of the burgeis of this honourable house for the burghe of Plimton in the countie aforesayd that where the said Richard condescended and greed with other of this house to put forth certeine villes in this present parliament against certaine persons named tinners in the countie aforesaid for the reformacion of the perishing hurting and destroying of diuers portes hauens and creekes and other villes for the cōmon weale of the sayd countie the which here in this high court of parliament should and ought to be commended and treated of And for because the said Richard is a tinner for the causes and matters afore rehersed one Iohn Furse tinner vnderstewarde of the Steimerie in the sayd countie in and at foure courtes of the sayd Steimerie at diuers places and times before him seuerally holden in the sayde county he and other haue condempned the sayd Richarde in the somme of clx.li. That is to wete at euery court day xl li and that by the procurement of the said Iohn Furse at the sayde foure seuerall courtes and lawdayes in the sayd Steymerie by him holden in this maner published and sayde that the same Richard at the last parliament holden at Westminster woulde auoyded and vtterly destroyed all liberties priuiledges fraūches concerning the Steimerie by reason whereof the sayde Richarde vppon foure billes had and made therof by the sayd Iohn Furse and other caused that the sayd Richard was presented founden
giltie of the premisses in euery of the sayde courtes in xl li to be loste and forfaite by him by reason of an acte and ordinaunce by tinners made and had at a place in the sayde countie called Crokerentor the tenour of the which acte appeareth in Cedule to this bill annexed to the which the sayd Richarde was neuer warned nor called to make answere to the premisses contrary to al lawes right reason good conscience And for the executiō of the same one Iohn Agwilliam vpon a surmise by him made to the kinges highnes to the sayd condempnaciō to be to his grace forfaite therof attainted a bill assigned of xx.li. percel of the sayd clx.li. to be to him graunted by the sayd kyngs highnes whereupon the sayd Iohn Agwilliam and other caused the sayd Richard was takē imprysoned in a dongeon and a deepe pitte vnder the ground in the castel of Lidford in the sayde county and there els where remayned by the space of thre weekes more vnto such time he was deliuered by a writ of priuiledge out of the kings eschequere at Westminster for that hee was one of the collectours in the sayd countie for the fyrst of the two quindeims graūted at and in this present parliamente the which prison is one of the most annoious cōtagious dtetestable places wythin this realme so that by reason of the same imprysonment he was put in great parell ieoperdy of his life and the sayd Richard so being in pryson and the said Iohn Agwilliam seing the same cruell imprysonment of the sayd Richard entreated and instantly desyred one Philip Furse thā being keper of the said pryson straitly to kepe the said Richard in pryson to put yrons vpon him to his more greater payne ieoperdy and to giue him but breade and water onely to th entent to cause the sayd Richard to be faine to content pay him the said xx.li. And for the same promised the sayd keeper foure markes of money for the which foure markes the sayd Rychard for to be eased of his yrons and peyneful imprysonment aforesayd for sauegarde of his life promised and graūted to pay the sayd keeper foure marke wherof he payed the sayd keper in hand xiii s.iiii d. And ouer that the sayd Richarde for to be eased of his sayd paynefull imprysonment was also of necessity driuen to be bounden to Thomas Denis deputy vnto sir Henry Marney knighte warden of the said Steimerie in an obligation of the somme of C.li. Vpon cōdiciō whereof party is as hereafter followeth that is to saye that if the aboue bounden Richard Strode defende and saue harmeles the sayde Thomas Denis and to vse himselfe as true prysoner duringe the tyme it shall please the kyng to haue him prysoner in the castel of Lidforde and also to do nothing wherby he shall in the law be deemed out of prison other articles comprised in the sayd cōdicion the which the sayd Richard perfectly remēbreth not wherfore the premisses by your great wysedomes tenderly cōsidred the said Richard humbly prayeth that it may be ordeyned established and enacted by the kynge our soueraigne lorde and by the lords spyrituall and temporal and the commons in this present parliament assembled and by auctority of the same that the said condemnacion and condemnaciōs of the said clx.li. and euery parcell thereof and iudgementes and executiōs had or to be had for the premisses or any of them to be vtterly voyd against the said Richard and of none effect And ouer that be it enacted by the said auctoritie that all suites accusements condemnacions executions fines amercementes punishmentes corrections grauntes charges and imposicions put or had or hereafter to be put or had vnto or vpon the sayd Richard and to euery other of the person or persons afore specifyed that now be of this present parliament or that of any parliament hereafter shal be for any bill speaking reasoning or declaring of any matter or matters concerning the parliament to be cōmuned and treated of be vtterly voyde and of none effect And ouer that be it enacted by the sayd auctority that if the sayd Richard Strode or any of all the sayd other person or persons hereafter be vexed troubled or otherwyse charged for any causes as is aforesayd that thā he or they and euery of them so vexed or troubled of and for the same to haue action vpon the case agaynst euery such person or personnes so vexinge or troubling any contrary to this ordinaunce and prouision in the which action the party greeued shall recouer treble damages and costes And that no perotection essoyne nor wager of law in the sayd action in any wyse be admitted nor receyued BE it enquyred for our soueraigne lord the king that where as at the parliament holden at Crokerētor before Thomas Denis deputie to syr Henry Marney knight wardē of the Steimerie the xiiij day of September the secōd yere of the reigne of king Henry the viii It was ordeyned established and enacted that from the day aforesayd it shal be lawfull for euery man to digge tinne within the county of Deuonshyre in all places where as tinne may be founden And also to carie the water to theyr workes without any let or trouble of any person or persons according to our vsages confirmaciōs of our charter according to our custome out of minde And if any persō or personnes let trouble or vexe any man to digge tinne or to cary water for the same contrary to our olde custome and vsage and if it be founden by verdite of xii men at the law day he that so letteth vexeth or troubleth any such person or personnes shall fall in the penaltie of xl li as oft as he so vexeth or troubleth the one halfe to my lord Prince and the other halfe to him that was so letted vexed or troubled And a Fieri facias to be awarded as well for my lord prince as for the party if one Richard Strode of Plimton tinner at the parliamēt holden at Westminster the fourth day of February last past letted vexed and troubled one William Rede the yonger and Elis Elforde tinner and al other tinners in the same parliamente for digging of tinne in the seuerall soyle of the sayd Richard and other persōs contrary to this our acte made God saue the king