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A20383 All the statutes of the stannary. 1562; Charters and statutes Devon (England). Stannaries. 1562 (1562) STC 6795.8; ESTC S105310 38,434 72

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All the statutes of the Stannary 1562. HEre foloweth the Confirmation of the Charter perteynynge to all the Tynners within the countie of Deuonshyre with their Statutes also made at Crockerentorre by the hole assent and concent of all the saide Tynners In the yere of the raigne of our soueraine Lorde kynge Henry the eyghte The. ii yere HEnry by the grace of god kynge of England and Fraunce lord of Irelande To al and singuler to whom these present letters shal come gretyng We vnderstand by the letters patentes of the late soueraine lorde Edwarde the fourth kynge of England a confirmation was made by these wordes ¶ Edwarde by the grace of god kyng of Englande and Fraunce lorde of Irelande To all to whom these presentes shall come greting We vnderstande by these letters patentes of the soueraine lord Edward the third late kinge of Englande our progenitour made in these wordes ¶ Edwarde by the grace of god king of Englande and Fraunce lord of Irelande To all to whom these present letters shall come gretyng We vnderstand by our letter late caused to be made vnder our seale at our retournyng into Englande by these wordes ¶ Edward by the grace of god kynge of England lord of Irland and Duke of Aquitaine To al archbishops bishops abbots priours erles barons Justices shyrifes gouernours and mynisters and to all bayliffes and other his faithfull gretinge We vnderstande by a writinge confirmed whiche lord Edwarde late kynge of Englande our father caused to be made to the tynworkers of the coūty of Deuonshyre in these wordes ¶ Edward by the grace of god kynge of Englande and Fraunce lord of Irlande and Duke of Aquitaine to al archebishoppes bysshops abbottes priours Erles barons iustices shiriffes gouernours ministers and to all bayliffes and other his faithefull gretinge Wee vnderstande by wrytinge whiche the lord Edwarde of noble memory sometime kynge of England our father made to the Tinworkers of the county of Deuonshire in these wordes ¶ Edwarde by the grace of god kyng of England lord of Irelande and Duke of Aquitaine To all archebyshophes byshops abbottes prioures erles barons iustices gouernours ministers and to all bailifes and other his faithfull gretynge ¶ Of the Charter SCiatis nos ad emendationem Stannariorū nostrorum in Com̄ Deuon̄ et ad tranquillitatem et vtilitatem Stannatorū nostrorum eorundem concessisse pro nobis et heredibus nostris quam omnes Stannatores predicti operātes in stannariis illis que sunt dominica nostra dū operantur in eisdem Stannariis sint liberi et quieti de placitis natiuorum et de omnibus placitis et querelis curiam nostrā et heredum nostrorū qualitercumque tangentibus Ita quod non respondeāt coram aliquibus iusticiariis vel ministris nostris seu heredum nostrorū de aliquo placito seu querela infra predicta Stānaria emargente nisi coram custod nostro Stannariorum nostrorū predictorum qui pro tempore fuerit exceptis placitis terre vite et membrorū nec recedant ab operationibus suis per summonicionē alicuius ministrorū nostrorum seu heredum nostrorum nisi per summonicionem dicti custodis nostri Et quam quieti sint de omnibus tallagiis theoloniis stallagiis auxiliis et aliis custumis quibuscumque in villis portubus feriis et marcatis infra Com̄ predictum de bonis suis propriis Concessimꝰ etiā eisdem stānatoribus quam fodere possint stannū turbas ad stannū fodendū vbique in terris moris et vastis nostris et aliorū quorūcumque in Com̄ predicto et aquas cursus aquarum ad operationes Stānariorū predictorū diuertere vbi et quociēs opus fuerit et emere buscā ad funturā Stāni sicut antiquitus fieri cōsueuit sine impedimento nostri vell heredum nostrorum Episcopum abbatum priorum comitum baronū ceu aliorum quorumcumque et quam custos noster predictus vel eius locum tenens teneat omnia placita inter Stannatores predictos emergencia et etiam inter ipsos alios forinsecos de omnibus transgressionibus querelis et cōtractibus factis in locis in quibus operantur infra stannaria predicta similiter emergentia et quam idem custos habeat plenam potestatem Stannatoribus predictis aliis forinsecis in huiusmodi placitis iusticiandi et iustitiam faciendi prout iustum et hactenus in stannariis illis fuerit vsitatum Et si qui Stannatorum predittorum in aliquo de liquerint per quod incarcerari debeant per custodem predictū arestentur et in prisona nostra de Lidforde et non alibi custodiantur detineātur quousque secundū legem et consuetudinem regni nostri de liberentur Et si aliqui Stannatorū predictorū super aliquo facto infra Com̄ predictum non tangente stannaria predicta se posuerint in inquisitionem patrie vna medietas iuratorum inquisitionis huiusmodi sit de stānatoribus predictis alia medietas de forinsecis Et de facto totaliter tangente Stannaria predicta fiant inquisitiones sicut hactenus fieri consueuerūt et si quis eorundem Stannatorū fugitiuus fuerit vel vtlagatus vel aliquod delictū fecerit pro quo catalla sua amittere debꝪ catalla illa per custodem predictum et coronatorem nostrū Com̄ predicti appreciētur per ipsos prorimis villatis liberentur ad repondendum inde nobis et heredibus nostris corā iusticiariis itenerātibus in com̄ predicto Volumus insuper et firmiter precipimus quam to tum Stannum tam album quam nigrum vbicumque inuētum et operatū fuerit in Comitatu predicio ponderetur apud Cauistocke Asperton vel Chaggforde per pōdera nostra ad hoc ordinata signata sub forisfactura stanni predicti et quod totum illud Stannum coignetur in eisdem villis singulis annis coram custode predicto ante diē sancti Michaelis in mense septembris sub forū cōcessimꝰ etiā pro nobis et heredibus nostris quod omnes stānatores nostri predicti totū stannū suū sic pōd ratulicite vendere possiut cuicumque voluerint in villis predictis faciendo nobis et heredibus nostris coignagium et alias consuetudines debitas vsitatas nisi nos et he redes nostri Stannum illud emere voluerimus Quare volumus et firmiter precipimus pro nobis et heredibus nostris quam Stannatores nostri predicti habe āt omnes libertates liberas cōsuetudines et quietancias suprascriptas et quam eis sine occasiōe vel impedimēto nostri vel heredū nostrorū Justiciariorū Escaetorū vicecomitū aut aliorū balliuorū seu ministrorū nostrorū quorūcūque racionabiliter gaudeāt et vtantur in forma predicta hiis testibus venerabilibꝰ patribus W. Cou●n̄ et Lich felden S. Sarū et I karlion Epreis Hērico de lacer Comite Lincolū Radul de mōte Hermeri
parteners of the same tinne worke that then he or they that so wyll refuse to beare and pay his or their parte or partes accordinge to his or their portion or portiōs of the same tinworke indifferently charged to receiue or take any profyte of his or their part or partes of the same worke so beinge in varyaunce vnto such time he or they haue paide him or their said costes and charges for the harme to him or their said fellowe now ●e●g or herafter shal be owner or owners partner or partners with him or them of the same Tinwork or tinworkes which is or shal be in variaunce according to the olde custome of the Stannarie ¶ Also be it affirmed enacted that if any personne or persons beinge now peaseably seased of and in any tynworke or parte of any tynworke in the countie of Deuonshire at this present great court holden at Crockerentorre and so continued to Mighelmas coynage peasably seased without clayme or title made in open court by any person or persons to the same entred in a boke or roll that shall hereafter be apointed remaine in the said court of recorde within the iurisdiction of whiche court the said tinwork is or lieth he or thei that so haue continued peaseably their possessiō in any such tinwork or tinworkes shall haue the saide tinworke or part of the tinworkes to them and to their heyres in fee foreuer according to the custome of the stannarie ¶ Prouided alwayes that this acte extende not nor be preiudiciall to any woman count infant within the age of .xvi. yeres any personne beinge out of the realme or beinge in prison or being lunatike or out of his mynde so that any of the said persōs that is to say that women couert after the deceasse of their husbād within the space of .ii. yeres their heires the said persōs so imprysoned within the space of ▪ ii yeres after they be at theyr libertie of their said imprisōment and the said persons beinge out of this realme and hauing no knowledge of this act within like space of .ii. yeres or lacking knowledge thereof within the space of one yere after his or their cōming into Englande or any of the heyres of the saide person or persons after tyt●● to him or them geuē by the death of his or their auncetours within one yere then next folowing if any of the said persons before excepted dye within the said two yeres do make their claime by action in any of the saide stannary courtes wheras any of the saide tynworkes lye ¶ Also for as much by occasion of euidence geuen by corrupte and vntreue witnesse to inquestes sworne within the .iiii. stannarie courtes betwene partie partie vntrue verdites haue be geuen to the great hurt and preiudice of many tinners wherfore be it enacted affirmed that from henseforth if any person or persons geue any false euidence and commit periurie in his euidence geuen in any of the sayd stannarie courte to enquest or enquestes sworne betwene partie partie if he or they that shal geue any such false euidence and commit p 〈…〉 rie be found coulpable and giltie by verdite of .xii. men at a law court in the same stannary court where as the same false euidence and periurie shal be committed that then he or they that so shal offende shal be committed to the pryson of Lidford there to remaine vnto such time that he or they can fynd sufficient suerties to make fyne with the lorde warden his deputie or stewarde for the tyme to the vse of our soueraigne lorde the kynge hauing no prince and when it shall please god to sende vs a Prynce to the lorde Prince ¶ Also be it affirmed enacted that al statutes a●tes made at this great present court before this time not adnulled to stand in their full grength and force that a fieri facias shal be awarded aswell vpon euery of the said statutes now standing in their force as also vpō all suche statutes actes as now be made at this presente great court or parliament holden and kepte at Crockerentorre aforesaid Finis The confirmation of the Charter in Englishe with the Satutes made in the syxth yere of the raygne of kinge Edwarde the .vi. ¶ Here foloweth the confirmation of the Charter parteyning to al the Tinners within the countie of Deuonshire with their statutes also made at Crockerentorre by the whole assent and consent of all the sayde tinners in the yere of the raigne of our soueraygne lorde kynge Henry the .viii. the .ii. yere HEnry by the grace of god kinge of Englande and Fraunce lorde of Irelande To all and singuler to whō these presentes letters shal come greting We vnderstand by the letters patentes of the late soueraigne lorde Edwarde the fourth kyng of Englande a Confirmation made by these wordes ¶ Edwarde by the grace of god king of Englande and Fraunce lord of Ireland To all to whom these presentes shall come greting We vnderstand by these letters patentes of the soueraigne lord Edwarde the .iii. late king of England our progenitour made in these words ¶ Edwarde by the grace of god kyng of Englande and Fraunce and lord of Ireland To al to whom these present letters shall come gretyng We vnderstand by our letter late caused to be made vnder oure seale at our retournyng into Englande by these wordes ¶ Edwarde by the grace of god kyng of England lorde of Irelande and Duke of Aquitaine To all Archebyshops byshoppes abbots priours Earles Barons Justices shereffes gouernours and ministers and to all bayliffes and other his faithfull greting We vnderstande by a writinge confirmed whiche lorde Edwarde late kynge of England our father caused to be made to the tinworkes of the coūty of Deuon in these wordes ¶ Edwarde by the grace of god kyng of Englande and Fraunce lord of Ireland and Duke of Aquitaine To all archbishoppes bishops abbottes Priours ●●ries Barons Justices shireffes gouernous ministers to all bailiues and other his faithful gretinge We vnderstande by wrytinge which the lord Edward of noble memory sōtime king of Englād our father made to the tinworkers of the coūtie of deuōshire in these wordes ¶ Edwarde by the grace of god king of Englande lord of Irelande and Duke of Aquitaine To all Achebysshops bishops abbottes priours earles barons iustices gouernours ministers and to all bayliffes and other his faythfull gretynge BE it knowen for the amendment of our ti●●iners within the countie of Deuone and for the quietnes profite of the workemen therof to graunt for vs and our heyres that all the miners afore saide labouringe in these mynes whiche be of oure dominion or patronage so longe as there worke in those mynes that they be free and quite from all plees quarellinge touching our courte or any of our heires in what maner soo euer it be so that they shall not be bounde to apere before any Justice or
facias to be warded as well for my Lorde Prynce as for the party ¶ Also be it affirmed and enacted that all Tyn gathered washed and made cleane within the iurisdiction of the saide Stannarie be fyned and made white Tynne before the feast of Michaelmas and so brought to the coynage and there coyned before the same feaste vpon peine of forfaiture of the same tynne to my lord Prynce and euery person that so coyneth white tynne shal pay for the coynage of euery C. of Tyn so coyned .xviii. d. ob quam and also yerely at Myghelmas .viii. d. called white rente ¶ Also be it affirmed and enacted that no action from henseforth shal be sued nor taken againste any spalyar for workyng in any tynneworke but agaynste hym or them that claimeth the free holde ¶ Also be it affirmed and enacted that if any person or persons being tinners voluntarily appere before any man except it be before the Warden or his deputie for any matter determinable afore the said warden if it be founde by verdite of .xii. men at the lawdaie that then he to make fine with the warden or his deputie after his or their discrecion And if it be founde by verdite of xii men at the suite of the partie then he shal lese .x. li. the one halfe to my lord Prince and the other halfe to him that wil sue it and a Fieri facias to be awarded as wel for my lorde Prince as for the partie ¶ Also be it affirmed and enacted that from henseforth no tynner sue none other tinner for any tinne or tinworkes but onely in the tynne court And also that not inner sue none other tinner for any other cause except ple concernyng lande life mayhim but in the ti● court the courte of Lidforde orels in the courte of whom he holdeth after the custome and maner vpon peine of a reasonable fyne to be ceassed by the warden or his deputie if it be found by verdite of .xii. men at the law court And if it be founde by verdict of .xii. men at the suite of him that was so sued he shal fal in the penaltie of .x. li. the one halfe to my lord Prince and the other halfe to him that was so sued and a Fieri facias to be awarded as wel for my lorde Prynce as for the partie ¶ Also be it affirmed enacted that no tinner nor spalier fet any warrant nor supersedias of peace againste any tinner or spaliar but onely with the warden or his deputie And if it be founde by verdite of .xii. men at a laweday he shall make fine with the warden or his deputie and if it be founde by verdite of .xii. men at the suite of the partie he shal lese C. ● The one halfe to my lorde Prince and the other halfe to him that was so greued and a Fieri facias to be awarded as wel for my lord Prince as for the partie ¶ Also be it affirmed and enacted that if any person or persons enter into any tin worke with force or so take away any tyn out of any tynne worke if it be founde by verdite of .xii. men at a lawday for my lord Prince he shal be committed to Lydford and there to remayne til he make fine with the warden or his deputie and if the said entree or takinge away of tynne be founde by verdicte of .xii. men before the warden his deputie or his stewarde at the suite of the partie that is so disseased or hath his tyn so taken away he that so entreth or taketh away any suche tynne shall fall in the penaltie of xl li. the one halfe to my lord Prince the other halfe to the partie that is soo greued and a Fieri facias to be awarded as well for my lord Prince as for the party ¶ Also be it affirmed and enacted that no person ne persons being tinners shall not be returned in any Jurye for the king nor betwene partie in no court of the stannarie but onely in the court where he dwelleth ¶ Also be it affirmed and enacted that if any person or persons geue or promise any tynworke or parte of any tynworke that is in variaunce or debate betwene partie and partie to any gentilman or other person to haue lordship or maintenaunce for the same the said worke or parte of the saide worke so geuen or promised shall remayne to the elder owners and he that so geueth or promiseth and he that so taketh if it be found at a law court by verdite of .xii. men they bothe shal make fine with the warden or his deputie and if it be founde by verdite of .xii. m●n at the sute of the partie in an action of meintenaunce euery of them shall fal in the penlltie of .xx. li. The one half to my lord Prince and the other halfe to him that wil sue and a Fieri facias to be awarded as well for my lord Prince as for the partie ¶ Also be it affirmed and enacted that no person or persons make no synder tynne after it is watered be it alaide with other tyn or not or make any harde Tynne without it be marked with this letter H. vpon peyne of forfaiture of the same tynne the one halfe to my lord Prince and the other halfe to him that so findeth it ¶ Also be it enacted that the owners of euery blowing house shall enter their house mark of his house at the lawe court nexte after suche a house is made in the stewards bokes and also euery man that bloweth coyneth white tynne shall enter his hot marke in the stewardes bokes before he coine his tynne vpon peine of for fayture of the same tynne that is so coyned ¶ Also be it enacted that no tin be not reteined with no person or persons by signe badge token liuerey promise or otherwise but such as be manuell seruauntes and other as the lawe doth permit but onely with my lord Prince the warden or his deputie or with such as my saide lord Prince shall assigne vpon peine of for faiture to euery man for euery moneth so reteined .xl s. if it be founde by verdite of .xii. men or otherwise by due examination or by sufficient proues had before the said warden or his deputie ¶ Also be it enacted that if any marchaunt or other person bie any tyn and afterward the said ti● be found not marchantable that then if he that bought the saide tyn come to the courte and bring the saide tyn or part therof and the owners marke the house marke not melted nor broken that then the saide tyn shal be melted openly in the courte and if there be any sinder tyn therin or not marchauntable that then the owner of the sayde tin and he that blue the saide tynne by the ouersight of the warden his deputie or stewarde shall recompence the said marchaunte for his costes and charges also to for fayt the same tyn to my lord
any trespas done in his grounde and then the defendaunt commeth into the court and saith that the place where as the trespas is supposed is his freholde and praieth to be dismissed for as moche as it is concerning land that then the stewarde shall geue day at the next courte to bringe in his dede wherby the freholde may appere in him and then he to be dismissed and if not he to make aunswere to the trespas at his peryll ¶ Also be it enacted and ordeyned as it hath ben vsed in tymes paste that .iii. maner of giftes of tynworkes to be good that is to saye by Testament letter of Attourney and hande lyuery ¶ Also be it ordeyned where as a man hath dyuers tin workes and will depart from them by hande lyuerye or otherwise by letter of attourney it requireth lyuery to passe in euery worke ¶ Also be it enacted and ordeyned that if any personne or persons sell and delyuer any white Tyn or it be coyned wherby my lord Prince shall lese his coynage he shall forfayte the sayde tynne to my lorde Prynce and to make fyne for his vntrue demeanour ¶ Also be it enacted ordeyned that if any man coyne any other mannes tyn in his owne name the same tyn shal be forfayte to my lorde Prynce and he that so coyned it to make fyne for his vntrue demeanynge ¶ Also be it enacted and ordeyned that where as dyuers parteners be in one worke it shal be laufull for euery of them to worke in his owne parte without any let or daunger to his felowes and that his felowes to take no tynne at washe but for as muche as they haue wrought or as they haue leyde spale for ¶ Also be it enacted and ordeyned that if any tynner be wronged that then he to complayne to the Stewarde at the courte and if they wyll not do hym Justice but be parshial then he to complayne to the vnder warden and if he wyll doo hym no Justice that then he to complayne to the chiefe warden and if he do no iustice that then he to complaine to my lorde Princes counsaile at his libertie and if any tynner do contrary to this acte he shall fall in the penaltie of .xx. li. the one halfe to my lorde Prynce and the other halfe to hym that he complayneth vpon if it be founde by verdite of .xii. men at a lawe daye ¶ Also be it enacted and ordeined that if any shireffe eschetour bayly arrant or any other person arrest trouble or vexe any tinner going to his worke being in his worke or coming from his worke as it is expressed in our charter except it be by the cōmaundmēt of the warden his deputie or steward that then he shal fa● in the penaltie of .xx. li. half to my lord Prince and the other halfe to him that was so greued and a Fieri facias to be awarded if it be founde by verdite of .xii. men ¶ Also be it enacted ordeined that where as in times paste al tynners haue ben customefree of all maner of Tollage Toll Stallage aide and al other maner of customs in townes Portes Feres and marketes of their owne proper goodes as it is expressed in our sayd Charter and that if any customer controller mayour baylife waterbailife steward of frāches or any other person take any money of any tynner for any of the articles aboue rehersed except it be the kynges custome if it be founde by verdite of .xii. men at the lawe daye he shall make fyne with the warden or his deputye and if it be founde by verdite of .xii. men at the suyte of the partie he shall lese ten pounde the one halfe to my lorde Prynce and the other halfe to hym that was soo greued and a Fieri facias to be warded as wel for my lorde Prince as for the party ¶ Also be it enacted that no man being a tynner at the suite of any man shal not apere nor passe in any assises neyther Nisi prius against no tinner or tinners for working or digginge for tin in any mannes freholde accordinge to the custome of the Stannarie vppon peine of forfayture of .xx. li. the one half to my lord prince the other halfe to the profite vse behalfe of the Stāuary if it be founde by verdite of .xii. men at the laweday ¶ Also be it enacted that it shal be lawefull from henseforth to euery lerned man to pleade in euery of the. ●iii tin courtes so that they pleade there in englishe and he that doth the contrary his ple to be voyde no more to be admitted to pleade any ple in any of the said courtes ¶ Also be it ordeined that a Scire facias shal be awarded upon euery statute wher the partie is put to his action IN the highe court of our soueraine lorde the kyng in his duchy of Cornewall holden at Crockerentory in the countie aforesaid before Phillip Champernon knyght in the stede of Henry Marques of Exester warden of the Tynners vnder our soueraigne the king in the foresaid countie of Deuonshire the .xxviii. daye of October in the .xxiiii. yere of the raigne of king Henry the .viii. The names of the .xii. Jurates xxiiii Jurats in the stānarie courte of Chaggeforde John Southcote Willyam Burgrn John Atyshyll Richarde Wanell Phillip Furse John Newcombe xxiiii Jurats in the stānarie court of Ayssheberton John Vele Wyllyam Smyth Robert Hamlen John Ferres Wyllyam Myller John Horsehame Wylliam Noseworthy John Shere of Bon●hill Godfrey Los●ey Wyllyam Knapman Wyllyam Hore John ●ndecote John Gray John Roo of Beridon Thomas Elberde John Maior John Bowdō of doccombe Thomas Hereys John Frenche Harry Erose John yoldon of midilcote Wyllyam Benet Wyllyam Comynge John Langworthy xxiiii Jurats in the stānarie court of Plimton Rycharde Chalons John Mason Rycharde Wyllynge John Fote Thomas Berman Wyllyam Brende Nycolas Leteltor Nicolas Thorninge Baldewine Hele John Hutchyn Wyllyam Clarke Harry Caunterell John Lāgworthy of bokeland Thomas Phyllyp Rycharde Coyshe Rycharde Kyng Walterus Rowe Nycolas Brende John Pethybrygge John Wydecombe Wyllyam Baron Wyllyam Elys Thomas Predyaux John Voyse Rycharde Tayler John Forforde John Maddock of Husshe Thomas ●amlyn Elyas Hert Wyllyam Snowdon xxiiii Jurats in the stānarie court of Tauystocke Thomas Cole Armiger Robert Cruys Henry Langesford John Hert John B 〈…〉 de●● Nycolas Lugger John Eston John Burneford John Chubbe of Hill John Atwyll John Horwyll of Lidford John Scotworthy Richard browne de Meuy Nicolas Compe Thomas Brownisdon Richarde Abbot of Cadley John Pomery of Mewy John Baron of Heath Ri. fosterd of Cornewode Willyā Chapel of Chapellegh John Hed Thomas Ford of Brixton Thomas Am̄ Rychard Brownsdon Thomas Toudon Henry Creyshe John Cole Phillip Fote John Stephin of Gnathā Walter Burgh Wil. Prior of Marytauy John Gee of Horrebrigge Richarde Drak Walter Knyghton John Hope● of witchu●ch Stephyn Toker ¶ That certaine Jurates as is aforesaide the electe sworne and tried men with the
assent consent of all the tynners in the foresaid countie of Deuonshire haue enacted affyrmed ordeyned and statute and by these presentes stablishe that as wel al statutes now of late made as al other statutes here afore time there made affirmed before these statutes dothe at the laste courte there they adnichilate and set as voyde other therafter made to remayne and stande in full strength and effecte as afore more playnely appereth ¶ Fyrste be it affirmed and enacted from henceforth by auctoritie of this present courte that al Tynners kepe theyr tynworkes as hereafter foloweth that is to say yerely betwene the feast of sainct Peter the aduincula the feaste of sainct Mighell tharchangel nowe nexte folowynge to renewe or caused their hedweres Sydebondes waterlettes and tayle of euery tynworke that now is or hereafter shal be and if there be any tinwork or tynworkes that hereafter be not kepte accordynge to this acte as is before rehersed it shall be lefull to euery man to pytche them as workes aleye so that the pitcher whiche shall fortune to pytche any suche tynneworke or tynworkes for defaute of renuinge of them as is aboue sayde pitche the tynworke or tynworkes before the feast of all saynctes next folowinge after the sayde feaste of sayncte Myghel and also geue warning to the owner or owners of the pitche of the saide tynneworke or tinworkes before the saide feast of al saintes in the presence of .iii. or ▪ 〈…〉 ne of the sayd warnyng the saide pitcher sh 〈…〉 ak● the saide owner or owners that he so warneth of the sayd pitche of his sayde Tynneworke or tynworkes by the arme she winge to hym with a lowde voyce that he may here him the cause of his pitche and the daye when he pitched the sayde tinworke or tynneworkes and also the sayde pitcher at the nexte Tynne Courte holden where suche tynneworke lyethe in nexte after the sayde warnynge geuen to the sayde owner or owners at the beginninge of the sayde Courte shall cause the stewarde of the same courte or his deputie for the tyme beyng to enter into his boke that shall remayne in the Courte at all tymes of recorde the name of his pitche that is to wete his owne name and all his felowes names named to be pitchers of the sayde tynneworke the tynneworkes name the owner or owners names that he so warned and the daye and place when he gaue them suche warning and therupon the saide steward or his deputie for the time beinge in the same courte and in the other stannary courtes next folowinge wherin the said tynworke sieth not when the Stewarde or his deputie shall thincke moste people to be presente shal make proclamation of the sayde pitche and warnynge of the saide olde owner or owners of the sayde tynneworke or tynworkes orels the saide pitche to be voide and of none effecte taking of the said pitche for his labour .viii. d. and then after the last proclamation of the sayde iiii Courtes the said owner or owners of the said tynworke or tynworkes shal haue lybertie by the space of iii. monthes to proue his or their said tinworke or tinworkes to be truely kept according to this acte at the saide tynworkes head that the said owner or owners or one of their parteners within the saide .iii. monthes set one lefull daye to the saide pitche when the said owner or owners or ther kepr wil proue his or their said tinworke or tynworkes and at that day so appoynted by the saide owner or owners the sayde pitcher shall giue attendaunce at the saide tinworke from the sonne rysing tyll the going downe of the sonne to here when the saide owner or owners or kept accordinge to this acte and if the saide owner or owners of the saide tynworke or tynworkes nor their kepte do not proue his or their saide tynworke kepte accordynge to this acte within the said thre monthes and at the day by him or them to the pitcher so appoynted if the saide pitcher be there redy to here their proue as is aboue sayde that then the saide pitcher to haue the said tinworke to him and to his heyres for euer accordinge to the custome of the Stannarie ¶ And it is further enacted ordeyned that if the said pitcher at the saide daye appoynted by the saide owner or owners to proue their said tinworke or tinworkes do worne or let the saide owner or owners or their keper to proue their saide tinworke or tinworkes or absent him selfe and will not here their proue as is aboue specifyed that then the said owner or owners shal com to the next tincourt holden where their tinneworke so pitched lieth in and enter their sarmise of the letting of their proue against the said pitcher wherupon a scire facias shal be awarded against the saide pitcher to appere at the next court and at the nexte court or at suche court when the scire facias shal be returned sued by the baylife of the same court or by any other person by the steward auctorised for the same that if the said pitcher nor no person for him do not appere that then the sayde owner or owners or their keper at the court shal be admitted to proue theyr sayde tynworke or tinworkes in the courte and the saide pitcher shal lose his pitche and for fayte .xx. li. The one halfe thereof to our soueraygne lorde the kyng hauing no prince when god shal send vs a prince to the lord prince and the other halfe to the said owner or owners and processe for the leuieng therof to be awarded as it hath ben vsed vpon other penalties if the saide pitcher do appere vpon the suynge of the said scire facias then the sayde pitcher shall haue a day ouer to make aunswere to the saide owner or owners to their byll of surmise tyll the next court if he wil praye the same and at which courte if the saide pitcher can nothing say but he pitched the said tynworke of the sayde owner or owners and gaue them or any of them warnynge according whiche matter will appere of recorde in the Stewardes booke as is aboue specifyed wherupon the saide owner or owners set hym a daye of proue as is aboue specifyed that then if the said owner or owners brynge into the courte or the next court folowynge .iiii. or .v. tynners prouing sufficiently that the sayde owner or owners or their keper were at the daye by them assigned to the saide pitcher at the tynworkes head redy to proue their sayd tynworke lefully kepte accordyng to this statute that the sayde pytcher warned him or them or absent him selfe to the said owner or owners or their keper coulde proue their said tinwork or tynworkes then the said owner or owners or the keper shal be admitted to proue their saide tinworke or tinworkes in the same courte by the steward or his deputie for the time beyng without delaye and there to recouer their worke
and the said pitcher shal fal in the penaltie of .xx. li. the halfe therof to our soueraigne lord the kyng hauinge no prince and when god shall sende vs a Prince then to the lorde Prynce and the other halfe to the sayde owner or owners and processe for the leuiynge thereof to be awarded as it hath ben vsed vpon other penalties ¶ Prouided that if the said pitcher do lefully proue by iiii or .v. Tynners before the Stewarde or his deputie at the sayde courte that he shall haue daye ouer to emparal that at the day of proue apointed by the same owner or owners that he gaue attendaunce to the hedweare of the sayd tinworke that he pitched supposinge to be the hedwere of the same tinworke that he pitched and the said owner or owners or their keper come to a nother hedweare whiche parteyneth to the same tynworke that the said pitcher pitched and gaue warning of that that then the olde owner or owners or their keper shall proue their said tinworke or tinworkes in the tincourte or at the nexte courte there holden and therby the sayde pitcher to lose no penaltie but only his pitche and the sayde owner owners to recouer but onelye the tynworke or tynworkes ¶ Prouyded also that after such pitchyng and warning geuen of any tynworke or tynworkes by any person or persons that if the sayde pitcher be not knowen by the partie that warned of a pitche or els he aboyde the coūtrey so that the saide owner or owners of the said tynworke or tynworkes can not come by hym to set hym a daye of profe of his saide tynworke or tynworkes by hym soo pitched that then the sayde owner or owners shal enter or cause to be entred in the said tyncourt with in the saide .iii. monethes next after the laste proclamation of the sayde courtes that wyll proue theyr sayde tynworke or tynworkes at a certayne daye by the owner or owners to be lymitted within the saide .iii. monthes that they or theyr keper at their said workes hed and thereupon at the same courte and at the .iii. other stannarie courtes where as the sayde tynworke lyethe not then nexte folowinge the Stewarde shal cause the bayliffe to make open proclamation of the day that the saide owner or owners wyll proue their said tynworke or tinworkes at their tynworkes head at whiche day if the saide pitcher come not at their said tinworkes hed to haue their proue as is aboue saide he shall lose hys pitche and the said owner or owners shal recouer ther saide tinworke or tynworkes and the sayde pitcher to fall in the penaltie of .x. li. the one halfe therof as is aboue specified for the same proclamations to be made the sayd owner or owners shal geue the steward .viii. d ¶ And also be it affirmed enacted that the acte made at Crockerentorre aforesaide the .xxiiii. daye of September in the second yere of the raigne of our soueraine lord kyng Henry the .viii. of and for the kepyng of all tinworkes within the said stannarie and euery thynge conteyned in the same acte be from henceforthe vtterly voide and of none effecte ¶ Also that where out of time that no mynd is it hath ben vsed within all the stannarie of Deuonshyre that euery person working many stremeworkes shuld kepe their grauel robel and sand vnder the swerd of grasse and by force of the water to conuey it to the great riuer because it shuld hurt no mannes pasture nor quirte any tinworke And nowe it is supposed by certaine inhabitauntes of the hauen townes of Dertmouth and Plimmouth within the saide countie that the said robel grauell and sandes decendeth by reason of the great fluddes to the saide hauen townes wherby in continuance it shulde greatly hurte and quyrte the said hauens whiche god forbede Wherfore be it enacted and ordeyned by aucthoritie of this present courte that euery person or personnes that hereafter shall worke in any st●emeworke or cause any stremeworke to be wrought that they and euery of them conueye and cary or cause to be conueied and caryed the grauell robell sandes in olde atches tippettes miry places or other conuenient places from the said great riuers so that the saide grauel robel and sandes be not conueyed to the sayde hauens of Dertmouth and Plymmouth or any of them hereafter shal be decaied or hurted vpon peine of such fyne and fines as hereafter shal be by the lord warden or his deputie sessed or set vpon euery person or persons for euery defaut so offendyng contrary to the prouision of this statute to the vse of our soueraigne lord the king c. if any such defaute be found by verdicte of .xii. men at the laweday at any of the said .iiii. Stannarie courtes ¶ Prouided alway that no person or persons conuey or brynge their grauell robel or sandes into any hatches tyes or waterlettes of any tynworke while the sayde tynworke is in workyng and if any person or persons do the partie greued shall haue lyke remedy by actyon as it hath ben hertofore euer vsed for the same offences this acte not withstandynge ¶ Also be it enacted and affirmed that euerye person or persons that hereafter shall worke in any hatche workes nygh the riuer of Dert Tamer or any other gret riuer that descendeth to the said hauens of Dertmouth and Plimmouth or any of them shall turne or cause to be tourned their lake waters into their hatches that they haue wrought and theron conuey their grauel robell and sandes from the great ryuer soo that it be not conueyed to the saide hauens or any of theim whereby the sayd hauēs or any of them hereafter shal be decaied or hurted vpon like peyne as is next aboue specifyed ¶ Also that where at the great court holden at Crocke rentorre the .xxiiii. daye of September the .ii. yere of the raigne of our said soueraigne lorde kyng Henry the viii that it was enacted and ordeined that if any person or persons being warned of the pitche of any tynneworke or tynworkes and did not proue their said tinworke or tynworkes within .iii. monethes next folowinge and after that if the said owner or owners did sue vexe or trouble the said pitcher after the saide .iii. monthes or enter into the said tinworke shulde fall in the penaltie of .xx. li. if it were founde by verdite of .xii ▪ men at the suite of the partie by force of whiche statute many and diuers subtil persons haue craftly pitched diuers tynworkes haue geuē crafty warnings of their pitche to the owners of the said tinworkes which warning the saide owners haue not perceiued nor hard and sometime the said owner or owners haue continued dayly working in the saide tinworkes at the tyme of the saide warninge and soo tyll after the saide .iii monethes expired and somtimes the saide pitches after they haue geuen suche warnynge of the pitche of their sayde tinworke to the saide owner or owners haue
absent thēselfe so that the said owner or owners coulde not mete with them to set a day to proue their saide tinworkes within the saide .iii. monethes accordynge to an other statute therof made and prouided so after the saide .iii. monethes were expired the said owner or owners had no remedy to sue the said pitcher for their lefull remedy but they shuld fal in the penaltie aboue specifyed wherby the said owners haue lost many of their tinworkes and also forfayted the said penalties in the same statute aboue specified to their vtter vndoinge ¶ Wherefore be it enacted ordeyned by vertue of this great court that the said act made in the .ii. yere of our souerain lord the king euery thing in the same act cōteyned be fromhenseforth vtterly void of none effect ¶ Also be it affirmed enacted that fromhenseforth no bailiffes of the stannarie shall take of any person or persons that hereafter shal be arrested vpon any nichil or for suertie of peace aboue .vi. d. and that the keper of Lidforde nor his deputie shal take of any person or persons that hereafter shal be arrested vpon a nichil or for suertie of peace any fees vnles the parties so arested be brought to the pryson of Lydford that the keper shal take of euery suche prisoner for his fees but .ii. s. vi d. for his meat and drinke according to the olde custom heretofore vsed vpon peine of .xx. s. for euery time that the saide keper or baliffe doth contrary to this statute if it be founde at the lawday in any of the said .iiii. stannary courtes the one halfe to our soueraigne lorde the king and the other halfe to the partie greued ¶ Also be it affirmed enacted that no bayliffe ne bayliffes bringe no person ne persons to the prison of Lydforde that hereafter shal be arrested by a nichil except it be vpon an execucion of a condempnacion if the person or persons that so shal be arrested fynde or bring to the said bailiffe or bailyffes sure sufficient suerties to answere the partie plaintife at the next court after the said arrest vpon peine of .xx. s. for euery tyme so offendynge the one half therof to our soueraigne lord the king and the other halfe to the partie greued if it be found by ●●●dite of xii mē at a lawday in any of the .iiii. Stannarie courtes ¶ Also be it affirmed enacted that the steward or his deputie for the time being shal take for the crowning of any person not aboue .ii. s. the bathe for his returne of the iury for the same not aboue .vi. d. vpō peine of euery suche defaut xx s. the one halfe c. ¶ Also be it affirmed and enacted that no person ne persons from henseforthe be admytted to any essoyne vpon any issue to be tried after .xii. men haue appered that it shal be leful to the partie playntife or plaintiffes vpō euery issue to be tried after the iury returned one tyme to be assoyned according to our olde custome in lykewise the defendante or defendantes so the saide essoyne be layde before .xii. men haue appered c. ¶ Also be it affirmed and enacted that euery Tinner or Tynners within the sayde stannarie shal make or cause to be made before the saide feast of saincte Mighell the archaungell next commynge theyr hedweares and tailes like a brode hoked arrowe in all drye tynworkes and halfe hokes in all tynneworkes adioyninge to any Ryuer vppon peine of a resonable fyne to be ceassed by the lorde warden or his deputie if it be founde by verdite of .xii. men at a lawe daye in any of the sayde .iiii. Stannarie courtes Finis secundi libri IN the highe court of our soueraigne lord the Kynge in his Duchery of Cornewal holden at Crockerentorre in the countie aforesayde before Phillipp Champernon Knight in the stede of Henry Marques of Excester wardē of the tinners vnder our soueraigne the king in the foresaid countie of Deuonshire the .xxv. daye of September the xxv yere of the raigne of kinge Henry the .viii. The names of the Jurates xxiiii Jurats in the stānarie court of Chaggoforde John Batishyll Wylliam Noseworthy John Newecombe Wylliam Hore Godfrey Loskey Wylliam Rugge John Shyre John Endecote Thomas Ilbert John Frey of Manaton John Parre of Heanocke William voyse John Frenshe John Lāgworthy of Hattishil John Rowe of Berydon Thomas Caselegh John Coysshe Richarde Abraham John windyate of Grendō Alexander Drayton James Benet Simon Tauerner Rycharde Crote John Glanfylde xxiiii Jurats in the stānarie courte of Aissheberton Thomas Predyaux Wylliam Cowarde John Bery senior John Veal John Voyse Robert Hamlyn Richarde Taylor John Maddok of blakeal Thomas Hamlyn John Dolbeare Ri. langworthy of lesewel John Horsham Jo. lāgworthy of Buklād Wylliam Smith Jo. widecombe of bukelād Wylliam Bouicombe John Stiddeston Thomas Wodde Thomas Phillipp Richarde Quoysshe William Leer John Dybell Hary Paty Robert Hanworthy xxiiii Jurats in the stānarie court of Plimton ¶ Richarde Chalons Nicolas Thorney John Mason Thomas Forde John Luscombe Walter Stondon John Fote Rychard Abbot Wyllyam Chapell Water Elforde John Browne John Med of Shitstor John Hedde Edmond Lange John Meyeow Andrew Walker Wyllyam Towsen John Stert Hary Canterell Wyllyam Martyn Thomas Brounsdon John Bacer Roger Bond Wyllyam Bendr xxiiii Jurats in the stānarie courte of Tauistocke ¶ Roger Langysforde John Cole of Peterstau● Richarde Darke John Atwyll John Stutworthy Hary Crees Water Borrowe John Redeclyffe John Wyllyams John Brounsdon John Wattes John Gie of Horebr̄g Rafe Eston Roger Pagge Roger Gyll John ●at●oke Water Langisford Water Knygton Marten Edward John Hopar John Godyng sen● Water Gladfylde Wyllyam Pryor Thomas Stondon ¶ That certaine Jurates as is aforesayde the electe sworne and tried men with the assent consent of al the Tynners in the foresaide countie of Devonshire haue enacted affirmed ordeyned statute and by these presentes stablishe that as well all statutes nowe of late made as al other statutes hereafore time there made affirmed before these statutes dothe at the laste courte there they adnichylate and set as voyde other there after made to remayne and stande in full strength effect as more playnely appereth WHere before this time diuerse many Tynners in the said countie of Deuonshire haue geuen away all their tinworkes some of them to their childrē and some of them to other persons of their kin and frendes some of theym haue suffered recoueres to be had against them to that intent they wold be frō henseforth reputed taken as no tinners by meane whereof they haue by that couin and crafte discharged them selfe as wel of their apparance in the stannarie courtes as also of al other contributions and charges which by reason of the said tinworkes ought to support and beare with other tinners accordyng to the olde custome of the said stannarie and yet that not withstāding the said geuers and other
takinge awaye of any suche tynne be founde as before is expressed by verdite of .xii. men at any lawe courte there holden after at the suite or complaynte of the partie greued then he that so taketh awaye any suche tynne shal fal in the penaltie of .xl. li. the halfe ther of to our soueraigne lorde the kynge or Prynce when it shall please god to send vs a Prince and the other to the partie so greued and for execution therof a prcepte of a Fierie facias to be awarded as well for our soueraigne lorde the kynge or the Prince as for the partie complainaunte and greued ¶ Prouided alwaies that if there be from hensforth any action cōmenced against any person or persons by vertue of this present act and statute that then the defendant or defendantes to haue one court day ouer to imparle to make his or their answere And if the saide defendant and defendantes wyl pitche to haue it and there at the nexte courte after to make him or them aunswere at his or their perill with out delaye ¶ Also be it affirmed and enacted that if any person or persons be taken by his body at the suite of any partie vppon any plainte or plaintes commenced in any of the said .iiii. stannarie courts and the said partie at whose suite he or they whiche shall be so taken and imprisoned at Lidford be after ward none suite in his or their said action or actions that then the said partie or parties so beinge nonsutie in his or their sayde action or actions shall yelde and paye suche costes and damages to the saide person or persons so taken and imprysoned as shal be adiudged and demed by the lord warden his deputie or stewarde for the time beinge and a fieri facias to be awarded for the leuyeng of the same to the vse of the party so to be imprisoned vpō a precept of returne made by the baylife at the day of returne of the same that the partie so beinge nonsuted had no goodes ne cattel wher of he might or shall make execution by the said fieri facias as that then a precepte of a capias to be awarded by the courte to attache the body of the saide person soo beyng nonsued and the day of returne where if the same partie by the saide Capias be broughte into the courte or other wise in propre person do appere then he to pay the sayde costes and damages or elles to be commytted to the prison of Lydforde there to remayne tyll he or they haue payde it ¶ Also be it affirmed and enacted that if any person or persons from hensforthe take away any blacke tyn or tinstones out of any tynne worke or any other place by night or by day without he or they which taketh away any such tin or tinstones do the owner or owners or his or their parteners or his or their workemanne whiche haue borne the charges of the working of the same being owners of the same tinworke to knowledge therof which haue borne the costes and charges for the working of the same tin with him or them or their spaliers of the same tinworke which hereafter shall worke and gather the same tin that t●en he or they so offending if it may be duely proued before the lord wardē his deputie or steward for the time being by examinatiō in open court or by way of actiō tried condemned or by presētmente and verdite of .xii. men at the lawe courte of the Stannarie wherein the said tinworke lieth that then the said offender or offenders by the saide lorde Warden his deputie or stewarde to be cōmitted to the pryson of Lydforde vnlesse he or they so offending can finde sufficient suerties to paye or recompence the partie or parties greued for his or their Tin so taken awaye also to make fine with the lord warden his deputie or Stewarde for his or their vntrue demeanoure and offence wherof the one halfe shal be to our soueraigne lorde the kyng or prince the other halfe to the vse of the whole body of the Stannarie beinge Tinners ¶ Also be it affirmed and enacted from henseforth that if any person or persons do make any vnlefull labour to any enquest sworne in any of the .iiii Stannarie courtes or do manasse or threten them or any of thē to passe with the one partie or the other or promise thē any moneye or other rewarde to geue their verdite that then the said person or persons so makinge the saide vnleful labour or manasing or thretening the saide enquest or promising them any money or reward vnlefully for geuinge of their said verdite of .xii. men at the lawday by the great enquest or by verdite of .xii. men at the suite of the partie greued that then the said enbracers or offenders so offendyng shal be committed to the pryson of Lidforde there to remayne vnto suche time that he or they so offending contrary to the prouysion of this statute haue made fine for the same with the lorde wardē or his deputie or steward for the time beyng and besides that if it be found by verdite of .xii. men at the suite of the partie greued by accion of the same imbracery 〈…〉 full labour and that processe of a capias for his body or a Fieri facias for his goodes to be awarded at the election of the partie that shal be so greued as well for satisfaction of the kynge or Prince ●s for satisfaction of the same partie greued ¶ Prouided alwaies that al such persons as be or hereafter shal be parties to any action sued by thē or any of them or against them or any of them in any of the sayde stannarie courtes wherupon the said parties be or shal be at issue and all such other persons as then haue any interest right or title to the thing in demaunde or variaunce or their leful solicitours may well and lefully labour the saide inquestes to appere to geue their verdite accordinge to suche euidence as shall be geuen vnto them according to their conscience not otherwise ¶ Also be it affirmed and enacted that where as diuers persons being owners and parteners or hereafter shal be owners parteners which be nowe seased or hereafter shal be seased ioyntly together of and in any tinneworke or tinworkes and if the whole title of the same tinworke or tinworkes be or shal be in varyaunce if any of the said owners and partners from hensforth do refuse to supporte and beare such maner of charges and expenses in the lawe with his or their pateners of the same tinworke so in variaunce according to their portion and partes as they euery of them haue or hereafter shal haue in the same tinworke or tinworkes of for and about the suite and trial of the title of the same tinworke or tinworkes so being in variaunce or herafter shal be in varyaunce if he or they be required therto by his partener or
vicesimo sexto die Martij Anno regni Edvvardi sexti dei gratia Angliae Francie et Hibernie Regis fidei defensoris a● in terra Ecclesie Anglicane Hibernice supremi capitis Sexto The names of the Jurates xxiiii Jurats of the stānarie court of Chaggoforde ¶ George Burgin Richarde Wauerell William knapman senior John Newcombe John Pyncent William knapman Juni Harry Wyll Robart Foxforde Augustus Noseworthy John wauerel alias voisei John Estbroke alias ▪ shylston John Martyn Nicolas Cleyff Richard Loskey Andrew Smardon John Periman Wylliam Treud John Smyth John westcote Wylliam Aysshe John Balle John Coysshe Galfridus Christopher Pancaratius Shere xxiiii Jurats of the stānarie court of Plimpton ¶ Phillipp Hawton Walter Elforde John Lu●combe John Aduent ▪ xxiiii Jurats of the stānarie courte of Aysheberton ¶ Wyllyam Burgyn Richarde Langworthy Christofer Warrin Thomas hamlyn Richarde Tayler John Foxforde John Stydson John Horseham John Widecombe John Debyll John Seyger Laurence Withecombe Wylliam Hole Thomas Bickeforde James Maddicke Edward Hanworthy Walter Stephen Peter Kynge Thomas Pers Richard Hamlyn Williā Wotton alias Byle Quirinus Rowge Willyam yolla●●e Rycharde May● xxiiii Jurats of the stānarie courte of Tauistocke ¶ Henry Lang●forde John Furlong of tamertō John Badge Wylliam Burges Thomas Forde Walter Rowe John Worthe Phillipp Forde Wylliam Hengston Mighell Edgecombe Hughe Crocker William Stiddeston Frauncis Chappell John Rosedewe Richarde Brokyn Juni Richarde Holberton John wyndeal John Foster Rycharde Abbot John Baker de Torre Henry Hanger John Elforde Richard Brokyn senior Robert wynston John Tucker Randall Eston Robert Ebbisworthy John Peterfielde Thomas Alwyll Roger Gyll Henry wylley Richard Lansford de brattō Wylliam Geye John brouerdson de surton John Fotte Junio● John Tal●ot de walk 〈…〉 John Hanworthy John horewill de lid●ord● John Sleman John Row de cholewill John Wattes de Beare John Richard Nicolas Lugger Junior John Fot senior de buclād ▪ QVi quidē iurati sic vt prefert̄ electi iurati triat● ex assensu consensu omniū Stannatorū in predicto comit̄ Deuon̄ enactant affirmāt ordināt statuunt per presentes stabiliunt quod tam omnia statuta nunc de nouo facta quā omnia alia statuta ante hee tempora ibidem facta et affi●mata preter illa statuta qu● nunc in ista curia in alijs curijs ibidem antea tētis adnihilantur euacuātur omnino imposterū permaneant in vigoribus suis et effectis vt plenius inferius patebit ▪ WHere muche harde and euyll Tynne hath ben here to fore sundry tymes made coyned within the Stannarie of Deuon without the letter H. set vpon the same notwithstāding the statute therof prouided not onely to the great slaunder of the Stannarie but also to the great losse and hinderaunce of marchauntes and other personnes that haue boughte and occupied the same whiche is manifestlye knowen to rise and growe by crafty subtil blowinge of sinder tin with Pite and Colom without the which kinde of blowing of sinder tyn no harde or euyll tinne can be made nor the owners therof myght haue of suche sinder but littell or no fruite of aduauntage ¶ For redresse and reformation whereof be it affirmed enacted and ordeyned at this presente courte that all tynne hereafter blowen or to be blowen vpon the flote after the customable course and maner of blowynge of blacke Tyn being not mixte with harde tin be alwaie reputed and taken to all intendmentes for good pure tin And that all tinne hereafter blowen or to be blowen with a pite or a shorte flote after the customable course and maner of blowing of sinder tī whether it be mixt with other tyn or not be alwaye reputed taken to al intendmentes for hard tyn and that the letter H. be set vpon the same before it be coyned vpon paine of for faiture of the same to the lord Prince and in defaute of a prince to our soueraigne lord the kyng if it be foūd by verdite of ●ii men at a laweday And further if it happen hereafter any such harde tynne to be coyned before the letter H. be set vpō the same and so put to sale or worse mettall to be couered and hid within the same harde tyn other then the kind or nature of the same 〈…〉 al cast and beare in himselfe or worse mettall then good tyn to be couered and hyd by falshed and deceipte with in any other pece of tyn hauing not the letter H. and soo coigned and put to sale then if vpon complaynte of the buier therof it be founde by verdite of ●ii men at a law daye and proued by the viewe and melting of the same tynne or part therof in open courte being brought before the great inquest then there sworne for the kyng with all the markes of the same vpon one pece not melted nor broken within the iurisdiction of whiche court the same tynne was made that then the firste owner or owners of the same tyn shall not onely forfayte the value of the same tyn to the lorde Prynce for the tyme beinge for lacke of a Prince then to our soueraine lord the king but also shall forfaite for euery such false pece of tyn .x. li. the one halfe therof to the lord prince the other halfe to suche person or persons being the buier or buiers of the same as shall complayne or make suite at a laweday for the same be it by byll information or otherwise a Fieri facias to be awarded for the same as vpon other penall statutes And also the blower or blowers of the same tyn to be sette openlye in the pillorie in a market daye or a lawedaye by the space of sy●e houres for his or their vntrue demeanour in attempting any thinge contrary to this acte And if the sayde blower or blowers do after that againe likewise offēd contrary to this act that then the said blower or blowers to incurre such punishement as shal seme to the lord warden or his deputie most mete or conuemente And vpon cōplainte made by the marchaunte or buier of any pece of tyn to be hard tin the same afterwardes in open court in the presence of the gret enquest melted proued good then the said marchaunt or buier shal forfaite for euery such pece found good .x. li. The one m●i tie therof to the lord prynce and for lacke of a prince to the kinges maiestie and the other moytie to hym that doth sue for it proces therof to be made as aforesaid ¶ Also be it affirmed enacted that if any marchauut or other persone hereafter buie any tyn and after that the said tin be founde to be falsely made contrary to the said acte and that not with standing the marchaunt or buier the first owner of the same by priuy contractes paymentes or otherwise betwene thē conceale the vntrue making therof wherby condigne punishement can not be done ministred to such offendours
according to the said statute if it be founde by verdite of .xii. men at a law day that then they bothe shall fall euery of them in the penaltie of .x. poundes for euery pece of tin so concealed the one halfe therof to our soueraigne lorde the king and to the lord prince when god shall send vs a prince and the other halfe to him that wyll complayne or sue for the same by bil information or otherwise ¶ Also be it affirmed and enacted that the acte made at Crockerentorre the .xxiiii. daye of September in the second yere of the famous kyng king Henry the eyght of for and concerning synder tyn and hard tyn And also that the act made at Crockerentorre aforsaid the same xxiiii of September the yere aboue written of for concernynge tyn not marchauntable euery of the saide two actes and all thing and thinges in euery of theym conteyned be from hense for the vtterlye voyde and of no force nor strengthe ¶ Also be it affirmed and enacted that no person or persons shal sel or put to sale any maner of white tyn made cast in slabbes bloges or shockes before it be coigned vpon paine of forfayture of the saide tyn in maner and fourme aboue sayde any acte heretofore made to the cōtrary not withstanding and both the sellar and the buiar to forfaite euery of thē .xl. s. for euerye slabbe cloge and shocke so bought solde if it be founde by verdicte of .xii. men of a lawdaye The one halfe thereof to the lord prynce when god shal sende vs a prince for lack of a prince then to our soueraigne lorde the king in maner and fourme as is aforesaid and the other halfe to the partie that will sue or make complaint for the same by byll information or other wise ¶ Item where it hath ben heretofore of late dayes vsed in euery of the iiii Stannary courtes after issue ioyned in any actiō or suite betwene partie partie that the plaintife shal nominate .xii. of the iurours whom he list and the defendaunt other .xii. to try that issue wherby poore men be not onely oppressed by riche but also the officers can not do iustice accordinge to righte and equitie by reason of the saide euyll vsage ¶ Wherfore be it affirmed and enacted that from hence for the vpon euery Venire facias awarded after issue ioyned in any of the sayd Stannarie courtes that the bayliffe of the courte for the time beinge or the foster of the quarter if the bayliffe be chalenged by his othe then there in open court taken shall immediately returne nominate to the stewarde .xxiiii. honest and indifferente tynners according to the tenour and effect of his wryt or precept taken of the playntife for euery returne for his fee so made .iii. s. iiii d. and no more which .xxiiii. persons so returned the bayliffe of the courte or foster that so make the returne shal sommon and warne to appere at the next tyn court there to be holden at whiche court if any of the iurours do make default being warned then he to for fayte to our soueraigne lord the king and to the lord prince when god shal send vs a Pr 〈…〉 xii d. issues And at the same court if a ful iury do not a pere orels after apparaunce of a full iury by chalenge of any of the parties the iury is like to remaine vntakē for default of iurours that then the lord warden his deputie or steward of the court for the time being vpon request made by the partie plaintife or by the defendaūte in the default of the plaintife shal haue auctorite by vertue of this act to cōmaunde the baylife or the foster as aforesaid of the stānarie court for the time being by his othe then there to be taken to returne name apoint as often as nede shall require so many of such other hable indifferent tinners then being present in the sayde stannarie court as shal make vp a ful iury whiche persons so to be named impaneled by such bailife or foster shal be added to the former panel their names annexed to the same And the lord wardē his deputie or steward of the court for the time being shall may procede to the triall of euery such issue with those persons that were before impanelled with those newely added to the said former panel by vertue of this act in such wise as they might or ought to haue done if al the iuroures had ben empanelled vpon the Venire facias awarded to trie the said issue And that euery suche triall had after the making of this act shal be as good and effectuall to al intentes constructions purposes as if suche tryall had ben had and tried by .xii. of the iurours empaneled and returned vpon the Venire facias awarded to try suche issue And in case such persons as the sayd baylyffe or foster shall name appoint as is aforesaid or any of them after they shal be called be present do not apere or after his or their apparaūce don wilfully withdraw him or thē selues frō the presence of the court that then the lorde warden his deputie or stewarde for the tyme beinge shall and may set C. iii. s. iiii d. fine vpon euery such iurour makyng defaulte or wilfully withdrawing him self as is aforesaid the said fine to be leauied in such maner and forme by the bailife of the Stannarie courte as other amerciamentes of the saide courte haue been heretofore leuied and so the issue shal be tried at the same court without further delay and euery of the .xii. men that be sworne shal haue .xii. d. a peece of the parties for and towardes his iourney for that daies labour the same money to be leuied and parted openly in the face of the courte to the iurours immediatly when they haue geuē their verdit or before their verdit if the matter or actiō shal be otherwise ended or els for default of paiment of the same money to be comitted to Lidforde there to remayne vntil he hath paied the iurours their said money and if the bailif of the said court or foster as aforesaid do not geue warning to the .xxiiii. that hath first returned and to euery of them then he to paie his or their issues that so make default beyng not warned And that by vertue of this acte it shal be lawful for both plaintif and defendāt to take their chalēge to the array to the polles aswel of them that be first returned as of them that be so named added and annexed to the former panell by the said Baylif or Foster and that from henceforth after issue ioyned the plaintif nor the defendant shall cast no essoine any acte heretofore made or custome in the Stannary vsed to the contrarie notwithstandyng Prouided alway and be it affirmed and enacted that if it happen the bailife and the array to be chalenged by any of the
parties and there vpon the array be quaished that then the bailif to repay vnto the plaintif the sūme of .iii. s. iiii d. whiche he before receiued for the making of the returne of the said iurie as is aforesaide and that at the same courte there be a Venire facias directed to the Foster of the same quarter to make returne for the said matter as aforesaid at the next courte then folowyng then to procede there in as before Also be it affirmed ēacted that if any person or persōs at any time hereafter make any vnlawful labour to any bailif of the Stannary courte or Foster for or concernyng any returne by him to be made and impaneled betwene partie and party or geue or promise him or any other person or persons to his vse behou●e any maner of gift rewarde or porcion of money for the same or to be lefte out of any returne hereafter to be made in the Stannary court or geue or promise any maner of gift reward or porcion of money to any man that by the Baylife or Foster shall be retourned in any iurie whether it be before the makyng of the said retourne or after for to haue frendship or fauour in his or their mattier other then suche porcion of money as to thē is limitted for their labour at this present courte or if any person or persons at any time hereafter cōmit any wilful periurie or procure any wilfull periurie to be cōmitted in any of the .iiii. Stānarie courtes that then he that so laboureth the said baylife or foster or so geueth or promiseth as afore is said and the bailif foster or iurour that so taketh any suche gift rewarde promise or porcion of money and he that so cōmitteth or procureth wilful periurie as is aforesaid euery of them so offending if it be founde by verdit of .xii. men at a law courte shal be cōmitted to the prison of Lidford their to remaine till suche time as he or they can finde sufficient suerties to make fine with the Lorde warden his deputie or stewarde to the vse of our soueraigne lorde the king hauing no prince to the lorde prince when God shall send vs a prince And besides that if it be founde by verdict of twelue men at the sute of the partie greeued that then euery of them so offendyng shall fall in the penaltie of .xx. li. the one halfe therof to our soueraigne lord● the king or prince when god shall send vs a prince the other to the partie grieued and a Fieri facias for his or their goodes or a capias for his or their bodies to be awarded as wel for satisfaction of our saide soueraigne lorde the king or prince as for the partie grieued ¶ Also be it affirmed and enacted that where sundry tinworkes sundry partes of tinworkes within the stannarie of Deuon herafter be named or cōteined vpon one letter of attourney if liuery passe in one of the saide tinne workes or part of the same tinworkes it shal frō hense for the enure and be a good sure sufficient liuerie for all the residue named or to be named or cōteined in the same letter of attourney in as large ample maner as thoughe liuery had passed in euery one of the said Tinworks or in euery part so named or to be named or conteined so that the very owner of the saide parte and partes at the time of the said liuerie any acte heretofore made to the contrary not withstanding And that where any person is or shal be seased of diuerse sundry tinworkes or partes of tinworkes and wil depart from them al by letter of attourney if rehersal be made vpon the letter of attorney of name of one or certaine of his said workes the rest by generall wordes of al his tinworkes or partes of tinworkes in the countie of Deuonshire it shal be as good sure and effectuall in the lawe to all intentis constructions purposes as though speciall resital of euery tinwork or part of euery such tinwork had ben made vpon the same And that likewise on lyuery made of and in any part or parcell of the same to be as good sufficyent and effectuall in the lawe for the whole as though liuerie had passed seuerally in euery parte parcel therof as aboue is said And that al gyftes and bequestes of sundry tinworke or tinworkes be it by general words as is aforesaid or otherwise by testamēt hereafter made or to be made to any person or persons although the executoure or executoures of the same testamente refuse to proue the same be alwaies good sure sufficient auaylable in the lawe according to the said testamente any statute lawe or custome heretofore had or made to the cōtrary not withstanding ¶ Also be it affirmed enacted that no demurrer in the law vpon any cause action or demaund frō henseforth be allowed or admitted in any of the .iiii. stannarie courtes in the countie of Deuō ¶ Also be it affirmed enacted that no person or persōs from henseforth cōmence any action in any of the .iiii. stānarie courtes except it be for the entring into any tynworke or tynworkes but onely within such court with in the iurisdiction of which court the partie playntife or plaintifes and defendant or defendauntes or one of thē shall inhabite dwel at the tyme of the commencemente of the same action vpon peine to forfaite and paye to the partie defendaūt or defendauntes .x. s. of lawful money of England for euery such action cōmenced or to be commenced if the partie defendante or defendantes at his or their apparaūce wyll demaunde sue for the same and execution to be awarded for the same accordinge to the lawes and customes of the stannarie and the plaintiffes to lose his or their said action or actions any law or custome heretofore vsed to the contrary not withstandyng ¶ Also where before this tyme diuerse faygned actions haue ben prosecuted in the stannarie courtes wherunto the defendantes haue ben forced to appere and ioyne the same to a countrey and the sayde actions so ioyned to a coūtrey the plaintiffes haue suffered the same to be and depend in the courtes not continued of a longe space vntyl suche tyme as the said plaintife hath watched his aduauntage or the absence of the said defendaunt and then proceded in the same in the defaulte of the said defendāt not being warned therof contrary to all right equitie good conscience ¶ Wherfore be it affirmed and enacted that if any person or persons from henceforth shal commence any maner of action in any of the .iiii. stannarye courtes wherunto the defendaunt appereth and dothe ioyne vnto a countrey if the said plaintife suffer the said matter so pleaded to a countrey to remayne and do not procede set for the his suite within .iiii. courtes next so lowing that then his said action vtterly to be voyd and discōtinued as