strāgers none to be enchesoned And the .iiii. Chaptre folowynge / hit is also commaunded that the byghe wayes from markette townes to market townes shulde from benseforth be enlarged there as are wodde bedges or dytches so that there be no dytche shrubbes or busshes within CC. foote of eche syde of the hyghe way wherby a felon whā he hath done a shrowde tourne maye scape but this estatute extendethe nat vnto the greatte ookes and byches And if throughe the lorde of the soyles defaute whiche wylle nat cutte and caste downe suche dytches shrubbes and busshes after the fourme as is afore sayde robberyes are commytted and done the lorde shal answere therfore And there be murther done the lorde shall be reynted at the kynges pleasure And if the lorde be nat able to cut downe the shrubbes the countre shall helpe him to do it And the kynge wyll that in his demayne landes and woddes within forest and without the highe wayes shulde be enlarged as is before sayde And if hit be so that there be any Parke nere vnto the hyghe waye hit behoueth that the lorde dymynyss he his parke vnto the largenesse of CC. fote nere of the hyghe waye as is afore sayde or els to make suche a walle / dytche or hedge that the misdoers can nat passe nor retourne to do shrowde tournes Also bit is commaunded that euery man shall haue armoure in his house for the kepynge of the peace accordynge as hit is of olde tyme limytted that is to saye euerye man betwene .xv. yeres and lx yeres to be lymytted and sworne to haue harneys after the quantyte of his landes and goodes that is to wytte a man of xv.li lyuelode and hauynge goodes to the value of .xl. marke an haber gynne a salette a speare a sworde and an horse A man of x.li lyuelode and hauynge goodes to the value of .xx. marke an habergynne a salette a speare and a sworde A man of an C.s. lyuelode a doublette a salette a speare and a sworde A man of xl.s lyuelode and aboue to the value of a C.s. a speare bowe arowes and a sworde And he that hath nat to the value of xl.s lyuelode shall be sworne to haue faux gysarmes a sworde and other smalle weapons And he that hath nat to the value of .xx. markes in goodes / a speare a sworde and other smalle weapons And all other that maye haue shall haue bowes and arowes Out of the foreste and within the foreste bowes and pillettis And that the sayde armours and weapons be seen and viewed euery yere twyse And in euerye hundred and fraunchese to chose .ii. constables to make the viewe of the sayd armours and weapons and the forsayde counstables shall presente before the Iustyces assygned whan they come in to the con̄tre the defautes of the armours and weapons the sutes of the townes and of the wayes And also they shall present suche as lodge strangers in vplandyss he townes for whom they wyll nat answere And the Iustices assigned shall presente in euerye parlement to the kynge the defautes whiche they haue founde / and the kynge shall se a remedye And that shereffes and baillies within francheses and without great or smalle whiche haue baillywicke or forest in fee or in other maner take good hede from henseforth that they folowe the crie with the countre And after as they be to haue horse and harneis for that entent And if there be any that dothe the contrarye the constables shall presente theyr defautes to the Iustyces assygned and the Iustices shall after warde presente them to the kynge and the kynge shall se hit remedyed as is before layde And the kynge for the honoure of holy churche commandeth and defendeth that from henseforth no feyres nor markettes shall be kepte in churcheyardes Also in the tyme of the same kinge Edwarde the fyrste that made the statute of wynchester the .xiii. yere of his reygne there were articles made conteynynge the maner of inquery whan the sayd statute was kepte and whan nat and who wolde obscrue it and who wolde nat where howe and by whom robberies were done and whether the sheryffes answered the bodyes of the yll doers whether the gates of cites townes were closed from sonne to sonne whether any herbored strangers in subburbes and foreyne partes of townes / whether the bayllyes enquered thereof bowe the watche was kepte bowe and where bygh wayes were enlarged and where nat whether all betwene .xv. lx yere were sworne to kepe the pece whether they had armours and weapons in theyr houses after the stent of their landes and goodes whether the constables in due maner viewed the sayd armours or nat and lastely whether the sheryffe bayllyes and foresters folowed the shoutte and crye accordynge to the foresayde statute The seconde yere of E. the .iii. the .vi. chaptre it is enacted that the sayde statute of wynchestre with all other concernynge the peace / shulde in all poyntes be obserued and kept and Iustices assygned haue power to punyss he suche as disobey and go agaynst the same statute It is also ordeyned the .v. yere of Henry the .iiii. that watche on the see cooste ouer all the realme of Englande shulde be kepte with suche noumbre of people in places fourme / and maner as hit was wonte to be in tymes paste / and that in this case the statute of wynchester shulde be obserued and kepte And that in the commyssions of the peace from henseforth to be made this article shulde be put and the Iustices of the peace haue power to make inquisitions in theyr ceffyons from tyme to tyme / and them that be found in defaut to punisshe after the tenure of the same statute Also hit is ordeyned and enacted the .vii. yere of the raygne of kynge Rycharde the seconde the .vi. chaptre that the statute of wynchestre shulde be obserued and kepte in all poyntes and welle and hastylye putte in execution at the complaynte and pursuyte of anye that felethe hym selfe greued agaynste the tenure of the same And to the ende that none frome hensefourthe shulde excuse hym selfe through ignorance bit is accorded that euery sheryffe of Englande shall in his owne persone do proclayme the same statute .iiii. tymes in the yere / in euerye hundred of his bayllywyke and by his bayllyes in euery markette as welle within lyberties as without And hit is enacted and ordeyned the .xxvij. yere of the reygne of the mooste noble kynge Edwarde the thyrde the .xiii. chaptre that if any marchant straunger or other that is robbed on the see and the same goodes so robbed come in to any parties of Englande or other the kynges landes wyll sue to recouer the sayde goodes he shall be resceyued to proue the said goodes to be his by his markes carte cokette or els by good and loyall marchates strangers or other and vpon suche proffes the selfe same goodes to be delyuered vnto the marchaunt without makyng of other sute at the comon lawe ¶ Thus endeth the statute of wynchestre with the other concernynge the same statute Imprynted at London in Fletestrete / in the house of Thomas Berthelet nere the Cundite at the signe of Lucrece Cum priuilegio a rege indulto
for that entente before the marchandise were layde on lande on peyne of their lyfe and forfayt of theyr landes to the lorde But the peine of lyfe and forfayture of landes and tenementes was repelled anno .xxxvij. eiusdem regis ca. xvi ¶ Of regratours and regratynge ⧠And by cause I spake of regratours wytteth well that a regratour is he that byeth corne or vytayle brought to the market at his owne price and selleth it agayne derer in the market in hurt of the kynges people whiche thynge so regrated is forfayted and if it be solde the value therof is forfaited c. Nowe bicause it so cometh to passe I wyll speake somewhat of vitayle vitaylours ¶ Of vitayle and vitayllours IT was defended by the statute of yorke anno .xii. Ed. ii that no mynister in cyte or borowe whiche by reason of his office ought to se the cyse of wyne and vytayle kepte shulde beynge in offyce / marchaunte wynes or vytayles in grosse or at retayle on peyne to forfayte the same But oure mooste gracious souerayne kyng Henry the .viii. the .iii. yere of his mooste nobull reygne in his perlyament bolden at westmystre the .iiii. daye of Fabruary / hath repelled the same statute enacted by authorite of the same parlyament for many hygh considerations that whan any vytayler is chosen to beare office in any citie towne or borowe corporate whiche for the tyme beinge in office shuld haue the assisynge correction for vitayle that than .ij. discrete boneste men of the same cite towne or borowe corporate neither of both beyng a vitayler shal be chosen by the cōmynaltie lyke wyse as the sayd officer is whiche .ij. or one the other beynge absent with the sayd officer shall set the cyse prices of vitayles for the tyme the sayde vitayler shall abyde in his sayde office And after the prices and cyses so sette it is lefull for the sayde officers to marchant and sell wynes and all other vytayles in grosse or at retayle withoute any forfaytinge Also bit was enacted the .xxiij. yere of Edwarde the thyrd the syxte chapter that bouchers fyss he mongers inholders brewers bakers poulters all other syllers of what so euer vitayles shulde sylle for reasonable price respecte had to the farre or nere cariage of the same vitayles and he that dothe otherwyse and is conuicte therof shal pay the double that he receiued to the parti damaged or in his defaut to who that wil sue in this behalf And the mayres and baillyes of cities townes borowghes portis and other places haue power to enquere of the premisses and to leuie the foresayde penaltie to their vse at whose sute the transgressours were conuicte And in case the mayres and baylyffes be conuicte before the kynges Justyces as negligente in executynge of the premysses they shal be compelled by the same iustices to pay thries the worth of the thing solde to hym that is dammaged or els in his defaute to an other that sueth And yet farther they shall be punysshed at the kynges pleasure It was also enacted anno xxxi E. iij.ca.x that who that bryngeth vitayles to London either oy lande or water maye frely sylle the same to whom be wylle without distourbance of fysshemonger boucher pulter or other And that the mayre and aldermen shuld redresse the defautes of fysshmongers bouchers and pulters lyke wy se as of them that sylle palled wyne or ale nat withstandynge chartre of libertie customes or other pryuileges made or vsed to the contrarye on peyne of M. marke for the fyrste defaute for the seconde .ij. M. and for the thyrde defaute to lose theyr franchise It was enacted anno .vi. R. ii.cap.ix that vitaylcrs in no cite nor towne through Englande sbulde occupie the office of a iudge / except for lacke of other sufficiente and than while be is in that office of a iuge be nor none of his shall sylle no vitayles on peyne of forfayture therof And the .vii. yere of the sayd kyng R. ca.xi the statutes made the .v. and .vi. yere of his reygne touchynge fysshemongers / vinteners and other vitaylers of London are repelled It was also enacted anno .xiii. R. ii.ca.viii that Iustices of the peace in euery shere at theyr cessyons holden betwene Ester and Wichaelmas shall do proclayme by theyr discretions accordynge to the derthe of vitayles what a mason a carpenter a tyler and also laborers / as well in Auguste as other tymes of the yere shall take by the daye with and withoute meate and drynke And that cuerye parsone obeye this proclamation And vitaylers to haue reasonable gayne after the discretion of the sayde Iustices of peace It is also straytely defended anno .vii. R. ca.xv that no person alien denizin nor other cary vytayles nor do to be conueyed in to any parties of Scotlande out of Englande by lande or see on peyne to forfayte the same vitayles or other thynges of reliefe with the shyppes / vessels cartes or borses that carye them excepte the kynge gyue speciall lycence to the contrarie And be that spieth this to haue the thirde parte of the forfayte But Berwycke is excepted oute of this statute by acte made anno .xv. R. ca.vii It is enacted anno i. H. iiii.ca.xvii that the statute made anno .vi. R. ii howe foreyns and alyens nat beinge the kynges ennemies bringynge fisshe or any other vitayles to any cyte or towne within Englande franchesed or nat franchesed / myghte frelye sylle the same by great or at retayle at theyr pleasure / withoute any let or gayne sayenge shuld be duelye obserued and put in execution And also agayne anno xiiii.h.vi.ca.vi the same is confyrmed and there vnto added / that if any distourbe foreyne or alyen to sylle theyr fyssbe contrarye to these ordinances and therof is duely atteynted at the kynges or at the parties sute be shall forfayte xl li And be that wyll sue for the kynge / or for him selfe shal haue the one halfe the king the other ¶ Of weyghtes and measures IT is ordeined / anno .li. H. iii that an englissh sterling peny roūde without clipinge shall wey .xxxii. wheate cornes drye taken out in the myddes of the eare And xx.d make an vnce and .xii. vnces make a li. and viii.li make a gallon of wyne and .viii. galons of wyne wake a London busshelle whiche is the .viii. parte of a quarter And the same yere hit was ordeyned that the standerdes bussbels galōs and yerdes shulde be sealed with the kynges yron scale / and safelye kepte on peyne of an C.li. And that no measure be made in a towne excepte bit agree with the measure of our souerayne lorde the kynge and sealedde with the common seale of the towneshyppe And if any man bye or syll by measures not sealed and examined by the meyre or bailyffes be shall be greuouslye amerced And by the statute made the .xi. yere of Henry the .vii. the .iiii. chap. all weyghtes
and measures bothe great and smalle of euery cyte borowgh and market towne shulde be dilygentlye sene and examyned twyse in the yere and oftener if nede be by the mayres bayllies and other beed officers And if any man be conuicted to vse .ii. measures to bye by the more and fylle by the lesse be shall as a false disceyuer be put in pryson and greuouslye punysshed The standerde busshels galons and yardes / shall remayne in the custody of the maire or baylics and .vi. bonest men of the towne sworne before whom al measures shal be sealed And that no maner grayne be solde by heape or cantell / excepte ootes malte and meale And by the statute made anno .xi. H. vii.cap.iiii beed officers of townes maye sygne weyghtes and measures with an H. crowned and take for the markynge of euery busshell i.d And all weyghtes and measures founde defectyue vpon examynation shal immediatly be bourned and the trespasour to forfayte for the fyrste tyme vi.s.viii.d the seconde tyme xiii.s.iiii.d the thyrde tyme xx.s to the mayre bayly / or other hauynge iurisdiction there and for farther punysshement to be sette vpon the pillorye And by the statute made anno .xij. H. vii the busshelle shall conteyne .viii. galons of wheate and euerye galon .viii. pounde of wheate and euerye pounde .xii. vnces and all Troy weyghte It was enacted anno .xiiii. E. iii.cap.xi that the Treasorer of Englande shulde make standerdes of busshels gallons / weyghtes and send them in to euery shere and to assygne .ii. in euery shere to here / determyne and punysshe suche as sylle by other measures and for there expenses they sihal haue the fourthe parte of the fynes leuied in suche cases And that none sylle by busshell nat sealed with the kynges seale Nat withstandinge this acte the clerke of the market shall nat let to do his offyce Nor lordes lose theyr francheses The weyghte of woulle shal be according to the standerde of the escheker anno .xxv. E. iii.cap.iiii And bit is defended by statute of the staple made anno .xxvii. E. iii.cap.x that none weye any marchandyse with false weyghtes on peyne to forfaite to the kynge the value of that that is solde and treble damages to the partie And Iustices assygned haue power to enquere therof as welle at the kinges as the the parties sute and to do execution And anno .xxxi. E. iii.cap.ii bit is ordeyned that certeyne balances and weyghtes of sacke di sacke ii and quarter / accordynge to the standerde of the escheker shulde be sente vnto all shereffes of Englande and that eche shulde proue theyr weyghtes / without any thynge gyuinge to the sheriffe And that none bye nor sylle by other measure on peyne to be at the kynges pleasure And the same yere the v.chap the weyght called Ancell was clene fordone And the .xxxiiii. yere the vi.chap it was ordeyned that the busshel pecke gallon pottell quarte through all Englande within francheses and without shulde be occordynge to the kinges standerde And the .xiii. yere of R. the ii.cap.ix bit was ordeyned that one measure and one weyghte shulde be vsed through all Englande excepte Lancastre shere bycause a greatter measure hath alway ben vsed there than in any other parte of the realme And be that is conuicte for vsynge false weyghtes or measures shall haue balfe yeres prisonement and gree with the partie to the double of his losse And the acte made the .xv. yere of the same kynge R. cap.iiii wyll that none on peyne of forfayture therof bye more for the quarter than .viii. busshels striken in London or els where And the .xvi. yere of the sayde R. and the xi yere of H. the .vi. rente seruyce due to lordes is excepted which shall be measured as it hath bene vsed And by the statute made anno .xi. H. vii.ca.iiii no man is prebyted to bye within the shyppe bourde by water measure whiche water measure shall conteyne .v. peckes accordynge to the standerde raised and strykē And also it is prouided that the actes of weightes and measures shall nat extende nor be burtefull to Lornewall and Deuonshere It is enacted anno .i. H. v.cap.vii and confyrmed the .xi. yere of H. the vi.cap.viii that all statutes touchynge measures shulde fyrmelye be obserued and kepte and no puruciour for the kynge to bye corne but by measure stryken and .viii. busshels to the quarter / and pay for the cariage of the same forth with And as ofte as any purueiour or other person shall be atteynted to bye or puruey corne other wyse to haue a holle yeres prisonement and paye C.s. to the kynge and C.s. to the partye greued And the mayre of London to be sworne in the escheker / to execute the statutes of weyghtes and measures And lyke wise all other mayres and baylliffes to be sworne whan they take theyr charges And as well they as Iustices of the peace haue power to put the same in execution as well at the kynges as the parties sute And accordynge as it is enacted anno .viii. H. vi.cap.v that euerye cyte on peyne of x.li euerye borowe on peyne of C.s. and euerye village where a constable is on peyne of xl.s shulde haue a common balance with weyghtes accordynge to the standerde and all thinbabitantes of the same townes frelye to weye without any thynge gyuynge and foreyns to paye for euery draughte of weyght xl li.q and for euery draught betwene xl.li and C. li.ob and for euery draughte betwene C.li. and M. li.i.d So lyke wyse it is ordeyned by his presente statute that vpon lyke peyne euery towne borowghe and village shall haue a common busshell sealed accordynge to the standerde and nothynge to be taken for measurynge of corne And that Iustyces of peace mayres bayliffes and stewardes of francheses aue power to examyn trespasours in the premisses and them to punyss be vpon examinatiō or enquest But the .xi. yere of Henry the .vij. the fourth chaptre bit was prouided that the penaltie conteyned in the statutes for none bauyng of weyghtes and measures sealed shall nat extende to any towne that is nat a citie or a market towne It is also enacted the fourth yere of our most gratious souerayne Henry the .viij. the .vij. chapter that who that vseth to bye or syll pewter or brasse and vseth false beame or weyghte shall forfayt xx.s the one halfe to the kynge andthe other halfe to hym that wyll sue in whiche action protection nor effoen lyeth nat And the partie shall forfayte his beame to hym that wyll seyse hit And if the party be nat able to pay the some that is forfaited than the mayres baylyffes or other beed officers of the place where be is foūde shal put hym in the stockes tyll the nexte market day and than to be on the pyllorie all the market tyme. The statute made anno .xvij. E. iiij.ca.iiij wyll that tyles shuld be well blanched and anuled and the tyle erth to be dygged
take none but shorne as many as shall suffyce for the tyme to come And he that dothe otherwyse and is therof atteynted at the kynges or the parties sute to be done with as a thefe or a robber And this peyne to be conteyned in euery cōmission of suche pourueyours It is ordeyned the .xxviii. yere of the same kyng E. ca.xii that purueyours shulde paye forth with for purueyance taken vnder the some of xx.s and for purueyances made to the value of xx.s and aboue / to paye within a quarter of a yere after the purueyance made at a certayne daye and place for moste ease and trauayle of the people The acte made anno .xxxiiii. E. iii.ca.iii wylleth that purueyours for pultry and other small thynges shulde paye in hande and for great purueyances within a moneth or .vi. wekes after It is ordeyned anno .xxxvi. E. iii.ca.ii that onely the kynge and the quene shall haue takers and to pay for what vitayles as they take in hāde as the price of the markette is and if they can nat so accorde the purueyance to be rated by the bailiffes constables and .iiii. honest men and that they take in conuenyent wyse and nat more than shall suffyce the .ii. houscholdes And the beynous name of purueiours to be changed and called byers and the same byers to be suffycient to answere to the kynge and the people and none of them to haue a deputie and eche commyssyon to be sealed with the great seale and euery halfe yere restored in to the chancery and newe made conteynynge all the matter and maner of theyr takynges and byenges and no byers saue the kynges and the quenes to be obeyed / nor theyrs withoute they paye as is afore sayde And to take all maner grayne by measure stryken accordynge to the standerde And for caryage therof to pay in hande and to take no mo than shall suffice for the cariage no byer nor taker of caryage to do contrarye on peyne of his lyfe And in the iii.chap folowynge hit is defended that no byer of vitayles nor taker of cariage take no gyfte nor other good tourne to spare any man nor charge nor greue any with suche takynges byenges and caryages through bate enuy or yll wyll on peyne to yelde treble damages and ii yeres emprisonement and farther to be punysshed at the kynges pleasure and after forswere the courte And if the partie wyll nat who so euer wyll sue for the kynge shall haue the thyrde penye recouered for his trauayle And yet neuer the lesse the byer taker shall haue the peyne in the article afore sayde And euery byer to beclare seuerally in his accompte all takynges and byenges of euerye shere towne village and person And it is ordeyned the iiii.chap folowynge that commyssyons shulde be made and sende downe in to euery shere to enquere of the sayd byers and takers demeanour And if hit be euidently proued that they toke more than came to the vse of the .ii. forsaide householdes or paide nat for all that they toke they shall haue iugement of lyfe and membre And this ordynance extendeth as well to the purueiours for the great borses of both the forsaid householdes as to the forsayde byers and takers And it is defended on lyke peyne the v.chap folowynge that none of the kynges or the quenes house of what astate so euer he be shall haue a purueyour nor take no thynge but with the good wyll of the syller / and paye therfore forthe with And hunters faukeners and scriantes of armes and other officers perteynynge to the sayde householdes to haue lyke peyne if they offende It is ordenyed anno .i. R. n.ca.iii that prelates and clerkes greued by purueyours shall recouer treble damage by action of trespas It is defended the .xx. yere of R. the ii.ca.v that none take horse or beaste of any mans withoute be haue sufficient authorite of the kynge if any do to be taken and layde in prison there to remayne tyll he haue agreed with the partye It is ordeyned anno .i. H. vi.ca.ii that all statutes and ordinances made for purueiours and nat repelled shulde be kepte and executed in all poyntes and euery sheriffe of the realme of Englande to cause them .iiii. tymes in the yere to be proclaymed through his bayllyewyke on peyne to paye a. C.s. to the kynge for euery tyme that he fauteth And the commaundement from the kynge to hym sent to delyuer to his successoure by endenture betwene them made who shall on lyke peyne make lyke proclamation And also where it was enacted anno .ii. H. iii.ca.xiiii that no purueyour on peyne to lose his offyce paye as moche to the partie greued shuld take any purueyance for the kynges house to the value of xl.s and within excepte he payde forth with it is ordeyned anno .ii. H. vi.ca.viii that if any purueyour byer or taker dyd other wyse it shuld be lefull for any the kynges subiectes to resyst them in no wyse suffre them to make suche purueyances the coustables / tythyngman chefe pledge of villages to be assistyng to the possessour or syller of suche thynges if they be requyred therto on peyne to yelde the value of the thynges taken to the partie greued And that no officer of the kynges on peyne to lose xx.li halfe to the kynge and halfe to hym that wyll sue cause to arrest vexe or emplede any of the kynges subiectes in any of the kynges courtes for suche reteininges And Iustices of peace in euery shere haue power to enquere here and determyne any thynge done agaynst this acte as well at the kynges sute as others and do due punishement and execution and awarde damages ges to the partye playntife if the defendaunt be duely conuicte and the defendant shall answere withoute ayde of the kynge And in sucbe actions proces to be made as in wrytte of trespas agaynst the peace And this ordynance to be expressed in pourueyours commyssyons And this ordynance amonge other statutes of pourueyours byers takers to be sente downe in to euerye sbere of Englande / to be proclaymed by the sheresses It is ordeined anno .xxiii. H. vi.ca.ii that the acte touchynge pourueyours made anno .xxxvi. E. iii sbulde be duely kepte and put in execution and ouer that that euery purueyour and byer before they had theyr commyffyons shulde be sworne in the Chancerye to take nothynge contrarye to the ordynances made the forsayde yere And farther bit is ordeyned bycause the poure people be nat able nor darre nat resist nor sue at the lawe the sayd purueyours and byers that the prisours the village and all the villages adioynyng / shall do their deuoirs to resiste the byers and purueyours that do contrarye to the statutes and in all that they may to execute the forsayde statutes agaynste the purueyours if they be required And be that is greued may chose whether be wyll take an action of dette against the preysours the