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
thereof to be to the kynge and the other halfe therof to the party that will sue therefore And that the defendaunte in any suche action be not admitted to wage his lawe nor protection therin for him alowed ¶ An acte of proclamations to be made before exigentes be awarded in forraine countries Cap. iiij THe kynge our soueraigne lorde callynge to his moste gracious remembraunce howe that before this time dyuers of his subiects of this his realme of England haue bene greuously vexed and troubled by reason of outlawries had against them in forraine counties and sondry action personelles at the suite of dyuers malycious persons whyche cruell mynde attempted suche actions personelles more for malice than for any iuste cause of action that they had against the parties defendauntes named in the same And of the which outlawries so had in forraine counties the partye defendaunte named in suche forrayne actions had neuer knowledge ne monition to such time as the outlawrye were agaynst them had and certified and some of thē neuer came within the countye where such actions were agaynste them sued ne neuer were dwelling ne conuersaūt within the sayd county Neuerthelesse the parties so outlawed in forraine counties haue loste their goodes and substaunce to theyr vtter vndoynge Wherfore in auoydinge of suche malicious and forraine suites hereafter to be sued the kinge our souereigne lord intending the restfulnes of his sayde subiectes and that indifferente Iustice shoulde be admynistred to euerye person as well to the poore as to the ryche and that euery person should haue lawfull knowledge and monition of such actions as hereafter be to be attempted and sued agaynste hym in any of the kinges courtes by the assente of the lordes spyrytuall and temporall and the Commons in this present Parlyamente assembled and by auctorytye of the same hath ordeined established and enacted that from hencefoorthe at the same daye that any exigente is awarded or to be awarded agaynste anye person or persones in anye action personell yf yt dooe appeare by the vsinge of the same action that the partye defendaunt is dwellinge in another countye than in the same countye where the same action is sued that than the Iustices before whom any such exigend is to be awarded award one writ of proclamacion to be direct to the sheriffe of the counti where it doth appeare by the vsing of such action that the party defendaūt is dwelling the which writ of proclamation shal contein theffect of the same actyon And that the sheriffe of the countye to whome any suche wryt of proclamation shall bee dyrected make proclamation .iij. seuerall dayes in hys plaine county whereof one of the sayd proclamations to be made at the generall sessions in those parties wher the sayd party is supposed to be dwellinge in that the partye defendaunt yelde him selfe to the sheriffe of the forraine county to whome any such exigende in any action personall shall be awarded so that the sheriffe of suche forraine county may vppon hys yealdinge haue the body of the defendaunte before the Iustices before whom any suche exigende is awarded at the day in the same exigende comprised there to answere to the plaintife in the same according to the law And that euery such writte of proclamatiō haue the same day of returne as the writ of the exigende vpon such forrayne actions so awarded shall haue and that euery such writ of Proclamation be deliuered of recorde to the shyryffe or his deputye of the county into the which any such writ of proclamation is to be awarded And that the sheriffe of the same county duely execute the same and therof make due retourn at the day in the same writ appointed vpon peine to forfaite such amerciament as by the Iustices before whom such action is vsed shal be sessed And that the felissour or exigēter in whose office such sute is taken make out the sayde writ and writs of proclamacion as after shal be awarded in any of the sayde courtes And that the same felissour or exigenter take no more for the makinge of any such writ of proclamation and the enteringe of the same record but only sixe pence And if any outlawry hereafter he had or promulged against any person or persons in any action personall in a forraine county and no writ of proclamation as is before sayde awarded retourned that than all and euery such outlarie to be vtterly voide and of no force ne effect in the lawe And this acte to beginne and take effect at the feaste of the Purificatiō of our Lady sainct Mary next cōminge and not before And also be it enacted by the sayde auctoritye that in all actions hereafter to be taken in London or in the county of Midd. wherin processe of outlarye lieth agaynste any person or persons callinge or naminge theym late of London that before the exigende be awarded in the same action that the partye plaintife or his attourney after the .iij. capias retourned sue a lyke wryt of proclamation in maner fourme as is afore specified in the county where the same person or persons so sued or to be sued be conuersaūt or dwelling at the time of the sayd wryt awarded or els all outlawrys so had made pronounced or retourned against all suche persons to be voyde of none effect And this acte to endure to the next parliament ¶ An acte reapeallinge penalties for geuinge of wages to labourers and artificers Cap. v. PRaien the commons in this present parliament assembled that wherfor defaut lacke of due executiō of the statute labourers because of a statute and ordinance had and made in the .xij. yeare of the reigne of kynge Richarde the seconde that geueth penaltyes peynes and forfaytures agaynst the Mayster and geuer as well as agaynste Seruauntes Labourers Artificers and craftismen so that the maister and giuer for feare therof dare not put the said estatute and other estatutes therof made in executiō wherfore by the kinge our soueraigne lord and by thassent of the lordes spirituall and temporall and the commons in this present parliament assembled and by auctority of the same be it established and enacted that all penaltyes peynes and forfaitures conteyned in the sayd estatute and in all other estatutes had made concerninge seruauntes labourers of husbandry labourers artificers and craftesmen be onely to and against the sayde maister and geuer for henceforth voide of none effect And this acte to endure to the next parliament ¶ An acte cōcerninge customers and comptrollers for sealinge of cloth of golde and siluer all other silkes Cap. vj. WHere at a parliament holden in the .xij. yere of the reygne of king Edwarde the .iiij. amōges other it was ordeined established and enacted that the collectours of the subsidye and the comptrollers should at all times be redye whā thei should be required to seale any maner of cloth of golde of siluer baudekin veluet damaske saten sarsenet Cartron Chamlette and euerye
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