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

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was continued and the authoritie of supervisors inlarged 5. Eliz 13. for the taking and carrying away of rubbish or the smallest broken stones of any quarrie or quarries within any such parish without licence controllment or impeachment of the owner or owners so much as shall bee deemed necessarie for the amendment of high wayes and in default of any such quarries to digge in any private groundes for any gravell sand or sinder and to gather stones lying upon lands or grounds so as the said digging bee not in the garden house orchard or meadow of any person or persons and under other provisions in the said statute mentioned It is further enacted that the heies fences dikes or hedges next adjoyning on every side to any high or common fairing wayes shall from time to time be diked scoured repaired and kept low and all trees and bushes growing in the high wayes cut downe by the owners of the ground or soile whereby the wayes may be open and the people have the more readie and easie passage in the same If any person shall not doe it he forfeits 10. shillings 18. Eliz. 9. There must bee yearely six dayes used and imployed in the reparation and amendment of the high wayes before the feast of the nativitie of S. Iohn Baptish and knowledge thereof to be given in the Church the next Sunday after Easter and upon the said dayes the parishioners shall endeavour themselves to the mending of the wayes and shall bee chargeable as followeth viz Every person for every plow-land in tillage or pasture within the parish And every other person there keeping a draught or plow shall finde and send at every day and place one Wayne or Cart furnished according to the custome of the Countrey with all necessaries meet to carry things and also two able men with the same upon paine of every draught making default 10 shillings Every other housholder and every cottager and labourer not being an hired servant by the yeare shall by themselves or one sufficient labourer upon every of the said dayes worke there every of the said dayes upon paine every one making default each day twelve pence Every person except such as dwell in London that shall be assessed in subsidie 5 pound in goods or 40 shillings in lands or above and being none of the parties chargeable by any former law but as a cottager shall finde two able men every of the said six dayes to labour in the high wayes Every person having a plow-land in severall parishes shall be chargeable to the making of the wayes where he dwelleth Every person keeping in his or their hands severall plow-lands in severall parishes shall be charged to finde one cart or waine c. furnished for the amendment of the high wayes within each severall parish All occupiers of lands adjoyning to the ground so adjoyning to any such high way where any ditching or scowring should or ought to bee shall from time to time ditch and scoure in his and their ground so adjoyning whereby the water conveyed from the high way over the ground next adjoyning may have passage over the said ground next adjoyning upon pa●ne for every time for every rod not so ditched and scowred 12 pence If any having any ground adjoyning to any high way leading to any market towne shall cast or scoure any ditch and throw the soyle into the high way and suffer it to lye there by the space of six moneths shall forfeit for every load 12. pence The moitie of the forfeitures by all these three severall Statutes 1 2. Phil. Ma. ca. 8. 5 Bliz. 13. 18 Eliz. 19. shall be to the Church-wardens to bestow upon the ways and Stewards of Leets have power to heare and determine all offences c. Popular Annoyances ALL common or popular Nusances done to diverse and sundry of the Kings Subjects are inquirable as this ancient Court and so are all trespasses at the Common Law being popular Boundaries IF any ancient bounds metes or landmarkes be withdrawne and taken away such as distinguish hundreds parishes tythings Common Common meadowes and common fields to avoid confusion and consequently dissention are here inquirable 18 Edw. 2. Cursed is he that removeth his neighbours land-marke and let all the people say Amen And it is commanded in Deuteron Thou shalt not remove the ancient bounds which thy fathers have made It is to be observed that divisions by lots and boundaries have beene ever held in great esteem in all ages even amongst the Heathens For the taking away of a particular boundary or mete which concernes onely one man an action of trespasse lyeth And so I finde in the Regist fo 107 De petris pro metis positis abstractis Hedge-Breakers IF there be any common breakers of hedges within the Leet who teare up frithes and fences and leave their neighbours ground subject to incursions of Cattell and are a meanes that many trifling actions of trespasse are set on foot to the disquiet of his Majesties Subjects Pound-Breach IF any breake any common pound or pinfold which is Custodia legis to take any distresse out of the same though the distresse be tortious and without cause yet the poundbreach is unlawful for that the cattell were in the custodie of the Law and the owner might have a Replevin If any shall rescue and by force take away any cattell or other thing which is distreyned for any rent amerciament or other cause before it be impounded or in any other safe custodie it is presentable Rescous IF any commit any Rescous within the libertie upon the Sheriffe or his Bailiffes or any the Kings officers in disturbance of them from taking and detaining any person arrested Bloodshed IF any person commit any assault whereby bloodshed doth ensue or doth make any affray or outrage whereby any mutinie or disturbance doth arise amongst the Kings leige people it is popular and presentable 1 R. 3 fo 1. Bro. Presentm 7 Leet 26. Generall Grievances THe subsequent offences will descrve that marke or character in regard they are generally pernicious to the Common-wealth by their fruites and example and are punishable by the common Law Or because they are generally prohibited by Statute Lawes for the good of the publike weale And in the first rancke are the evill members of a State and Realme of which regiment the common Barretor may well be the ringleader Common Barretors IF there be any common Barretors within the libertie they are of both sexes Scoulds Brawlers common malefactors disturbers and disquieters of their neighbours A common Barretor is well discribed Co. li. 8. fo 37. to be a common mover and stirrer up or maintainer of suites quarrells or parties either in court or countrie 1 In Courts of Record or in the Countie Hundred and other inferiour Courts 2 In the Countrey three manner of wayes 1 In disturbance of the peace 2 In taking or deteyning of possessions of houses lands or goods which are in
them None shall Hawk or Hunt with Spaniels in any ground where Corne or other graine shall then grow except his own ground when any eared or codded corne or graine is standing before it shall be shocked cocked hiled or copped upon paine of 40. shillings to the party grieved unlesse he consent to it to be levied and recovered in manner aforesaid Stewards of Leets have power to heare and determine all offences contrary to this Act. This Statute is inlarged 1 Iac. 27. and 7. Iac. 11. Tracing of Hares FOr preserving the game of hunting of Hares which was used and exercised by the King and other noble men 14 Hen. 8.10 It was provided that none should trace destroy and kill any Hare in the snow with any Dog Bitch or otherwise upon paine to forfeit to the Lord of the Leet for every Hare six shillings eight pence after inquisition thereof found by the Steward This Statute is much inlarged 1 Iac. 27. Breaking the head of any Pond IF any by day or night shall breake or destroy the head or damme of any pond poole 5 Eliz 21. mote stagnes stewes or severall pits within which the Lord of the Leet hath fish to the intent to destroy steale and take away the said fish shall pay treble dammages to the Lord suffer imprisonment three moneths and to finde sureties for the good abearing for seven yeares Hunting of Deere IF any shall chase out hunt or kill any deere out of any Parke or inclosed ground kept for st●●ing and ch●rishing of Deere by the Lord of the libertie or doe take any Hawkes out of the Lords woods or grounds shall incurre the same penaltie The Statute is generall extending to the Ponds Parkes or inclosed grounds c. of all persons and giveth no power expresly to the Leet to enquire of it But M. Kitchin doth direct the inquirie of it Quatenus it doth concerne the Lord of the Leet Greyhounds c. TO prevent unlawfull hunting by artificers labourers servants and groomes with Greyhounds and other Dogs 〈…〉 It is ordained That none such or any other layman not having lands to the value of forty shillings per annum Nor any Priest or Clark not having lands to the value of 10. pound a yeare shall keepe any Greyhound or other dog to hunt Nor shall use any Ferrets heyes or other engins to take or destroy any Deere Hares nor conies nor other Gentlemens game upon pain of one years imprisonment The first part hereof is mentioned by M. Fitzharbert in his charge of a Court Leet fo 86. And because there is no power given by this Statute to inquire here of it is conceived that it was here inquirable as a popular trespasse or offence at the Common law before this Statute Ideo quaere These Lawes last before cited are for reformation of abuses in Hunting Hawking and Fishing which M. Lynwood in his division of Mechanick arts doth set forth in his fifth sort called Ars Venationis for though the game be Regall and noble and prohibited to mean persons yet the instruments provision and engins incident and belonging to Hunting Hawking and Fishing must passe through the hands of Mechanick persons Other Lawes inquirable for the good of the Common Weale by expresse Statutes Cottages and Inmates NOne shall build or erect any manner of Cottage for habitation 31 Eliz. 7. unlesse he assign unto it foure acres of ground at the least to bee accounted according to the ordinance De terris mensurandis of his owne freehold and inheritance lying neare the said cottage to be continually occupied therewith so long as the Cottage shall be inhabited under paine of ten pound for every offence None shall willingly uphold and continue such a Cottage under paine for every moneth 40. shillings None shall place or willingly suffer any Inmates or more families or housholds than one in any cottage made or to be made upon paine to forfeit to the Lord of the Leet for every moneth ten shillings But Cottages in Cities Boroughs and market townes or for convenient habitation for workemen within a mile of any minerall workes Colemynes Quarries c. are not within this Statute Musters FOr remedie of abuses in musters and the hindrances of due service in warres It is enacted 4 5 Phil. 〈◊〉 Ma. 3. That if any person shall refuse to come unto publike musters and absent himselfe without any lawfull impediment or appearing doe not bring with him his best furniture or array and a mour shall for every such offence have 10. dayes imprisonment unlesse he pay a fyne to the King of forty shillings to be estreated in the Exchequer If any Muster-Master or Commander shall by any meanes exact or take any reward for sparing or discharging any person from his service in the warres Or if any Captaine or other having charge of men for service in the warre shall for any lucre or gaine discharge or licence any souldier to depart out of service Or shall not pay unto him his full and whole wages Conduct and coat money within 10. dayes after such Captain or leader shall have received the same He shall forfeit ten times the value of the reward received And pay to every Souldier trebble the summe withholden Horses not sufficient in length THe generation and breed of good and strong Horses 32 H. 8.13 doe extend not only to a great h●lpe for defence of this kingdome but is a great commoditie to the inhabitants And the efore it is provided that no commoner in any Foriest Chase More or Common whatsoever shall have or put to pasture into such ground or Common any stoned Horse above the age of two yeares not being fifteene handfuls high to be measured from the lowest part of the fore foot to the highest part of the withers every handfull foure inches of the standard upon pain to forfeit such horse or horses And i● shall be lawfull to any person to seize such horse and to bring him to the next pound and to measure him in the presence of three honest men to be appointed by the Constable Tethingman or other Officer And if he bee not of that altitude to challenge and retaine the same to his owne use as his owne proper goods for ever The penaltie of every Officer or other persons appointed to measure any such horse either refusing to doe i● or not truly measuring is to pay for every time so refusing forty shillings The one moietie to the King the other to the pa●ty that will sue for the same by bill c. That the Forrests Chases Commons and grounds shall be yearely driven at Michaelmas or within 15. dayes after by the Lords owners or officers thereof and by the Constables Bailies Tethingmen c. within whose limits the Commons and grounds are upon paine of forty shillings to be forfeited by every officer at every time that the said drift shall bee omitted or not effectually done And if in any of the
three miles of London shall upon paine of forty pound whereof one halfe to the King the other to the partie that will sue for the same for every yeare that they make default shall yearely appoint and sweare two three or more sufficient and skilfull men to be searchers and sealers of leather within their limits and one of them shall keepe a marke or seale prepared for that purpose and shall seale such leather as they finde sufficient and none other That it shall be lawfull to any of them to seiz all such leather and ware as shall be insufficiently tanned curried made or wrought contrary to any provision in this act and shall retaine the same untill it be tryed as hereafter is mentioned viz. That every such Mayor c. or Lord of libertie or his sufficient deputie after notice given to him of any such seisure shall with all convenient speed appoint six honest and expert men to trie whether the same wares so seized be sufficient according to the intent of this Statute or not the same tryall to be made openly upon some market day within fifteene dayes at the farthest next after such seisure upon the oaths of the tryers To forfeit for not appointing such tryers sive pound The tryers if they doe not proceed and doe their duties therein without delay doe forfeit for every default sive pound Every searcher and sealer of leather which shall resuse with convenient speed to seale any lawfull leather shall for every such offence forfeit forty shillings For receiving any bribe or exacting any fee for execution of his office other than is limited by the statute for searching sealing and registring of leather 20 pound For refusing after election to execute the office 10. pound Stewards of Franchises and Leets have power to heare and determine all the offences against this Act and also by their discretions to examine all persons suspected to offend this Statute or any parcell thereof Cloth makers Fullers Sheeremen Taylers Shoomakers IF any of those trades shall retaine to worke in any of their trades any unmarried person as a journey man to worke by the day ● Ed. 6 22. or taile work or by the great for any lesse time than for one whole quarter of one whole yeare the person or persons offending shall suffer imprisonment for whole moneth and forfeit forty shillings for every offence If any Iou roey man of any the said mysteries being required by any persons useing the said trades This is fully repealed by 5. Eliz. c. 4. or any of them to serve by the quarter of a yeare halfe a yeare or whole yeare upon such reasonable wages as betweene them shall bee agreed and in case they cannot accord then for such wages as shall be adjudged and decreed by one Iustice of peace Maior Alderman Bailiffe Portreeve Constable or Tethingman of the Shire Citie Towne Borough Village Hundred Wapentake or Tything where any such journeyman shall be required and shall refuse to serve shall suffer imprisonment for one whole moneth and forfeit for every time 20. shillings All and every the said Tradesmen that shall have three apprentises in any of the said occupations shall keepe one Iourneyman and forevery other apprentise above the number of three one other Iourneyman upon paine of every default ten pound the one halfe to the King the other to the partie that will sue for it All Stewards of Leets inter alios hath power to punish and correct all and every offenders contrary to the tenour of this according to such presentments as shall bee made before them The second Mechanicke art of M. Linwoods division is Armatura and Sub hac arte saith he continetur ars Sagittariorum Balistariorum And they fitlie succeed here to be inquired of in their due order Artillerie FOr maintenance of Sagittarie Discipline an exercise famous and honourable to this Kingdome for many victorious battels and for debarring and repressing of unlawfull games 33 H. 8. c. 9. the Statute of 33. Hen. 8. ca. 9. was ordained which provideth that such as be of tender age bee brought up in the knowledge of Shooting and every person shall provide and have in his house for every man child of the age of seven yeares and above till hee come to the age of seventeene yeares a bow and two shafts to learne and induce them under paine if they want them one moneth together of six shillings eight pence incurred against the master After seventeene yeares every such young man shall provide a bow and foure arrowes at his owne cost and if under threescore yeares taking wages and being able to shoot hee shall want a bow and foure Arrowes by the space of one moneth together shall forfeit for every such default six shillings eight pence No man under the age of 24. yeares shall shoote at a standing pricke except it be at a rover whereat he shall change at every shoot his marke upon paine for every shoot foure pence Nor at any marke of eleven score yards or under with any prick shaft or slight under pain of six shillings eight pence for every shoot That Butts shall bee made in every Citie Towne and place by the inhabitants according to the Law of ancient time used and maintained and continued by them upon paine for every three moneths 20 shillings Stewards of Leets have power to heare and determine the offences and at their discretion to examine all persons not having bowes shifts and arrowes Unlawfull Games THis good Law 〈…〉 as it injoynes a lawfull so it inhibiteth an unlawfull exercise especially unlawfull games which are ingendred and ●●rsed by idlenesse the mother of all vice the 〈◊〉 of youth decay of trades and thine of all common weale It is therefore enacted That none for his gaine and ●●ere shall keepe or maintaine any common h●●●●alley or place of Bowling Tennis Dicing Carding or any other manner of game prohibited by any Statute nor any hereafter to be invenced found or had ●●on paine for every day 40. shillings Every person haunting any of the said houses and places and there playing forfeiteth for every time six shillings eight pence All Constables and Bailiffes c. shall make search every moneth for unlawfull games as well within franchises as without or in default thereof they forfeit for every moneth not executing the same forty shillings No artificer husbandman handicrafts man apprentise journeyman or servant of artificer marriners fishermen waterman or any serving-man shall at any time play at any the said unlawfull games but onely in the time of Christmas servants to play in their masters houses and in their presence No person shall bowle in any open place out of their garden or orchard upon paine of six shillings eight pence But noble men and every one that may dispend in lands or other profits to the yearely value of an hundred pound may permit their servants and others comming to their houses to play within the