Anno regni Regis Henrici .viii. Quinto Statuta ¶ The kynge our souerreyne lorde Henry the .viii. after the conquest by the grace of god kyng of Englande and of Fraunce / and lorde of Irlande / at his PatlyameÌ„t holdeÌ„ at westmester / the .xxiii. daye of Ianuarii after the last Porrogacion In the .v. yere of his most noble Reygne to the honoure of god holy Churche / and for the CoÌ„mon welth profyte of this his Royalme / by the assente of the Lordes spirituall temporall the CoÌ„mons in this present ParlyameÌ„t assembled and by auctoryte of the same hath do to be ordeyned made and enacted certayne Statutes / and ordynaunces in maner fourme folowynge Hec rosa virtutis de celo missa sereno EternuÌ„ florens regia sceptra feret Anno regni Regis Henrici .viii. Quinto An act concernynge Mynystracyon of Iustyce to the kynges subiectis of his Cytie of Turney Capitulo Primo WHere as the Kynge oure Soueraygne Lorde greatly desirynge to recouere the Realme of FrauÌ„ce his very trewe Patrymonye and inherytaunce to reduce the same to his obeysaunce And for the same purpose and enteÌ„t lately made Preparations of great Royall Armyes as well by see as by lande to his right great and merueylous costes and charge / And sythen that by his great wisdome and singuler polyce hath now reduced the Cities and townes of Tyrrewyn / and Turney to dewe obeysaunce by reason wherof nowe shall folowe ensue great Amyte Famylyarite entercours in byeng sellyng of marchauÌ„dyses wares otherwyse bytwene the CytezeÌ„s inhabytauÌ„tê of the sayd cyties Townes and Precinctê of the same / and the kynges Naturall subiectis inhabytaunces in this hys Realme of EnglaÌ„de / Therfore the kynge our souereygne lorde wyllynge and entendynge that trewe indyfferent Iustyce shal be mynystred in al maters and causes aswell to Cytezens and inhabytauntes dwellynge and inhabytynge in the same Cyties / Townes / the precinctê of the same / As to his naturall subiectis dwellynge within this his Realme of Englande / And to the same entent the kynge our souereygne Lorde hath deputed and ordeyned in the sayd Cytie and towne of turney and in the Bayllywyke and precincte of the same dyuerse offycers and Mynysters / amonge other two of them called Notaryes otherwyse called Graffers to accepte take and recorde the knolege of all contractes bargaynes conuencyons pactis and agrementes made and to be made within the sayde Cytie and towne of Turney bayllywyke and precincte of the same by all maner of ê‘sones that wyll and shall resorte and come before them to make knowlege of the same / whiche Notaryes or Graffers shall present and deliuer in wrytyng all suche knolege as shal be so taken vnder theyr Notarye sygnes vnto an other offycer of the same Cytie and towne / whiche our sayd soueraygne Lorde hathe there made and deputed to accepte and take of them the same whiche offycer for the more affyrmauÌ„ce therof shall sette therto the Seale of our souereygne lorde made and lefte in the kepynge of the same Offycer for the same enteÌ„te The kynge our soueragne Lorde by thassent of his lordes SpuÌ„all temporall / and the CoÌ„mons in this present Parlyament assembled and by Auctoryte of the same hath ordeyned and enacted that vpon euery wrytynge oblygatorie knowlege to be made of all contractê bargaynes conueÌ„tions pactê and agrementê / sygned and Sealed in forme aboue rehersed / by any of the kynges subiectes inhabyted in this Realme of Englande to any Cytezen or inhabytaunte within the sayd Cytie and towne of Turney Bayllywyke or precyncte of the same or by any Cytezen or inhabytaunt within the same Cytye / Towne / Bayllywyke or precincte to an other of the same or ells by any cytezen or inhabytaunte of the same Cytie / Towne Bayllywyke or precincte to any of the kyngê subiectê Inhabyted within the Realme of Englande / or by any of the kynges subiectes inhabyted in the Realme of Englande / to another of the same subiectis shewed and exhybyted to the Chaunceller of Englande / for the tyme beynge the same Chaunceller haue full auctoryte and powre vpon the syght of the same to seÌ„de a Sargeaunte of Armes or another offycer to the ê‘sone so bounden to requyre and coÌ„maunde the parsone so bounden to ê‘fourms the contentes of euery suche wrytynge oblygatorye and knowlege / and if the same ê‘sones so bounden denye so to do and obiecte or alege any cause why he shulde not so doo / then the same SergeauÌ„t or offycer immedyatly shall brynge the same parsone so bounden before the ChauÌ„celler of Englande to answere to the premysses And if the ê‘son so bounden and brought before the sayd Chaunceller obiecte or alege any mater or cause resonable why he shulde not ê‘fourme the Contentê of the same wrytynge oblygatorye and knowlege that then he shal be adiuged to brynge in suffycyent Gage plegge to the verye value of the contentes of the same wrytynge obligatorye into the kynges Courte of Chauncerye or ellys to remayne in warde / And then the sayd ChauÌ„celler by his wysdome and discrecion shall prefixe and assigne vnto hym a conuenyent ê‘emptorie daye to proue his obieccion and aligacion / and if the ê‘tie so bounden proue not his obieccion and allegacion before the sayd ChauÌ„celler to be trewe before or at the sayd daye prefixed / that then the sayd ê‘tie so bounden without delay shall ê‘fourme the Contentê of the sayd oblygacyon and knowlege then not perfourmed or ellys to forfayte the sayd Gages and plegges to the partie to whom that sayd oblygacyon or knowlege was made / And in lykewyse vpon all recognysaunces to be made before the kynge in his Chauncery or in his Benche or in any other the kynges Courte of recorde within the Realme of Englande / And also vpon all wrytynges oblygatorye to be made and knoleged before the Mayre of the Staple of calyce of all debtê contractes and bargaynes by any of the sayd Cytizens or inhabytauntes of the sayd Cytie or towne of Turney or Baylywyke or precincte of the same to any of the kynges subiectes / and the same knolege or wrytynge obligatorie be then certified to the Baylyff of the same Cytie Towne by the ChauÌ„celler of Englande vnder the kyngê great Seale of Englande / that then the Baylye of the same Cytie and Towne for the tyme beynge or his deputie haue full auctoryte and power to seÌ„de and shall sende a SergeauÌ„t or other offycer of the same Cytie and Towne to the ê‘sone so boundem to requyre and coÌ„maunde the same ê‘sone so bounden to parfourme the Contentes of the same knolege and wrytynge oblygatorye / And if the ê‘tie so bounden denye so to do and obiecte and alege any cause why he shulde not so doo That then the sayde Sergeaunt or offycer immedyatly shall brynge the ê‘sone so bounden before the Baylye of the sayde Cytie and Towne for the
your present Parlyament assembled that it may be therfore ordeyned enacted and establysshed / by auctoryte of the same that from hensforth it be laufull to all maner of ê‘sone or ê‘sones estranÌ„gers beynge in the felysshyppe of the blessed Trinite a foure named to all maner other ê‘sones borne vnder the domynyon of the Emperour and the prynce of Castell to by all maner of redde ledder or other ledder coryed or not coryed iÌ„ open market and Fayres within this your Realme of englande suffycyently wrought assayed and sealed with all laufull serche in all places Fraunchysed or Vnfraunchysed as they haue done and occupyed in tymes paste afore The makynge of the aboue sayd Acte in the thirde yere of your reygne without any lette interrupcion and trouble by any ê‘sone or ê‘sones accordynge to the olde vsaunce and custome / The sayd Acte of coryours statute and ordynaunce or any other acte or actê grauntê statutes or ordynaunces to the contrary made or to be made notwithstandynge ¶ Prouyded alway that this present acte do not extende to any other parsone but suche as be of the sayd brotherhed / and to all other ê‘sones borne vnder the Emperour and the kynge of castell domynyon ¶ Prouyded also that this acte shall not extende to gyue any ê‘sone borne out of the kynges obeysauÌ„ce lybertie to bye any ledder vntanned nor vnsuffycieÌ„tly tanned ¶ Prouyded furthermore that no ê‘sone borne out of the kynges obeysaunce by coloure of this acte shall haue auctoryte to bye any ledder iÌ„ any secrete place / but oonly in open markettes and Fayres ¶ Prouyded also that no ê‘sone by coloure of this Acte haue auctoryte to bye or selle any ledder within the Cytie of London / but if eyther the bier or the seller be a freman af the sayd Cytie accordynge to the auncyent customes liberties of the sayd Cytie and accordynge to dyuerse estatutes in that case made and puruayed except oonly in seynt Bartylmewes fayre ¶ Prouyded also that this Acte shall not extende to take awaye or mynysshe any powre or auctoryte gyuen by the sayd former estatute vnto the wardens of the felyshyppe of Coryours and to theyr successours for dewe serche by them and theyr deputies to be made in any place or vpon any parsone for ledder vnsuffyciently drest / wrought tanned or vnsealed nor in the execution of suche penalties as be conteyned in the sayd former acte and statute for the punysshementê of suche defautes as shal be by the sayd serche founden ¶ Prouyded also that no parsone borne out of the kynges obeysaunce haue none auctoryte by reason of this acte to begynne any newe markettê within seynt Martens the graunte of London or in any other Fraunchysed place / but only shall bye in suche markettes as haue bene of olde tyme accustomed An acte concernynge the maner and fourme of Sute for the kyngê most gracyous Letters of generall pardon CapÌ„ viii WHere hit hath pleased the kynges hyghnes of his mere mocyon most habundant grace to grauÌ„te to euery of his Subgectes his generall pardon / by his letters patentes to be opteyned of vpon and concernyng all and synguler Artycles coÌ„teyned specyfied in a bylle sygned with his moste gracyous hande delyuered and remaynynge in the Custody of his Chaunceller of Englande for the warraunt for the same Be hit enacted by our sayde Souerayne lorde the kynge with the asseÌ„t of the lordes espirituell teÌ„porall / the CoÌ„mons in this present Parlyament assembled / and by thauctoryte of the same that all as many / and euery of the kynges Subiectes the whiche at any tyme hereafter wyll Sue for any of the sayd PardoÌ„s shall haue the auantage auayle benefyte of the same PardoÌ„ in all and euery of the kynges Courtes to hym or them to be alowed without writte or writtes of allowaunce therupoÌ„ to be made or Sued / the same parson or parsons payinge oonly suche fees aswell of sealynge / as other duyties in the kynges ChauÌ„cery / And all other the kynges Courtes as shal be orderyd assygned lymytted and appoynted by our sayd Souerayne lorde or by suche of hys moste honorable couÌ„ceyle / as his hyghnes Shal therunto name / And no more neyther Other fees to be Payede for the premysses ¶ Finis Anno Quinto ¶ Here foloweth the Table of Anno Quinto Tabula ¶ Firste an Acte concernynge Minystracyon of Iustyce to the kynges subiectes of his Cytie of Turney Capitulo Primo ¶ An acte for trewe makynge of clothes in deuonÌ„ called whyte straytes Ca .ii. ¶ An acte concernynge whyte wollen clothes of .v. markes and vnder may be caryed ouer the sees vnshorne CapÌ„ .iii. ¶ An acte for auoydynge disceytes in worstedys Ca .iiii. ¶ An acte concernynge Iuries in london Ca. v. ¶ An acte concernynge Surgeons to be discharged of questes other thynges Capitulo vi ¶ An acte for Straungers for byinge of lether in open market CapÌ„ vii ¶ An acte coÌ„cernynge the maner fourme of Sute for the kynges moste gracyous Letters of generall pardon CapÌ„ viii ¶ Explicit Tabula
tyme beynge to answere to the premysses / And if the parsone so bouÌ„den brought before the sayd Bayllye obiecte and alege any mater or cause resonable why he shulde not ê‘forme the Contentes of the same wrytynge oblygatorie and knolege / that then he shal be adiuged to brynge suffycyant gayge and plegges to the very value of the Contentê of the same wrytynge oblygatorie or knowlege into the Courte before the same bayly or his deputie or ellys to remayne in warde / And then the sayd Baylye or his deputie by his wysdome and discrecyon shall prefixe assygne vnto hym a coÌ„uenyent ê‘emtorye daye to proue his obieccion allegacion and if the ê‘tie so bounden proue not his obieccioÌ„ and allegacyon before the sayd Baylye or his deputie to be trewe before or at the sayd daye prefyxte / that theÌ„ the sayd ê‘tie so bounden without delaye shall ê‘fourme the contentê of the sayd wrytynge oblygatorye and knowlege then not parfourmed or ellys to forfayte the sayd Gayges and plegges to the ê‘tie to whom the sayd oblygacyoÌ„ or knowlege was made / This acte to endure durynge the kynges pleasure An acte for trewe makynge of clothes in deuonÌ„ called whyte straytes Ca .ii. PRayen the CoÌ„mons and Inhabytauntê cloth makers and byers of the same within the CouÌ„tie of Deuonshyre / that where dyuerse many clothes called whyte straytes be and haue be contynually made within the sayd CouÌ„tie to the great profyte of the kynges subiectes there the whiche clothes were wont to be well and suffycyently made and bere their brede yerde brode and halfe querter Rawe and .xv. yerdes of lenghte / and that no man in tymes paste hath vsed to make them / but that the maker therof hath sette his specyall marke vpon euery of the sayd clothes so by hym or them made / wherby euery man may knowe theyr owne clothes from other meÌ„nes by reason of their sayd seuerall markê / So it is that now adayes the sayd clothes be not suffycieÌ„tly made ne bere theyr length and brede accordynge as they shuld do ne marked with euery mannes owne marke / Wherof great inconuenyence doth dayly Insue / and increase to then pouerysshynge and hurtynge aswell of the kyngê subiectê byers and sellers of the same / as marchauntes straungers / Wherfore the premisses consyderyd that hit may be therfore / enacted by the kynge our soueraygne Lorde / by the assent of the Lordes spyrituall and temporall and the coÌ„mon in this present Parlyament assembled / by the auctoryte of the same / That from the fest of Penthecoste nexte coÌ„mynge no ê‘sone make no suche clothes called whyte Straytes to selle without that it be whene he is rawe redy to be toked of the brede of a yarde halfe quarter / and of length .xv. yardes / And that no ê‘sone make no suche clothes / but if he sette his specy all marke vpon eueryche of the sayd clothes so by hym or them made / And that no ê‘sone vse no marke on his clothes suche as any other ê‘sone dothe and hath vsed before hym vpon payne of a forfayture of euery of the sayd clothes the one halfe to the kynge / and the other halfe to hym that so seassyeth the sayd clothes so made or marked coÌ„trary to the fourme and effect afore expressyd And this Acte to endure vnto the next Parlyament An acte concernynge whyte wolleyn clothes of .v. markes and vnder may be caryed ouer the sees vnshorne Ca .iii. WHere in this present ParlyameÌ„t before the firste prorogacion therof it was ordeyned and enacted / that no wolleyne Clothe aboue the pryce of iiii markes shuld be conuayed ouer the see vnrowed / vnbarbed / vnshorne vpon certeyne penalties in the same Acte expressed more at large / Whiche Acte put in execucyon shall not only tourne to the abatementê of the kynges customes / but also grow to the vtter vndoynge of his subiectê cloth makers marchauÌ„tes conuayers of the sayd clothes / For asmoche as wolle is rysen of a ferre gretter pryce than it was at the makynge of the sayd acte / For where a clothe was then comynally solde at .iiii. markê is nowe solde for v markê And also by force of the sayd acte the marchauntê sulde be bounde to dresse euery whyte cloth aboue the value of .iiii. markê on thyssyde the see after they haue bought them / which whyte clothe so dressyd when they be brought in to the ê‘ties beyonde the see and therby the byers of them dyed put in colours / then they must be newly dressyd / barbed / shoren / and rowed / And so they shal be therby the lasse in substauÌ„ce of them selfe / and the worse to the seale solde for lasse pryce by .x. or .xii. sÌ„ a peas beyonde the see then they shuld be if they were vndressed ¶ Wherfore be it ordeyned and enacted by lyke auctoryte that euery whyte wolleyn clothe solde at .v. markê and vnder may be caryed and conueyed into ê‘ties beyonde the see there to be solde at the pleasure of the byers of the sayd Clothe vnbarbed / vnshorne / vnrowed any acte or actê to the coÌ„trary made natwithstandyng / And ouer this be it ordeyned enacted by the sayd auctoryte / that if any ê‘son or ê‘sons coÌ„uey or cause to be coÌ„ueyd into the ê‘ties beyond the see any whyte wolleyn Cloth vnrowed / vnbarbed / and vnshorne aboue the value of .v. markê in other fourme then a fore is sayd / That then the ê‘sone or ê‘sones so of fendynge shall forfayte the value of the sayd Cloth or clothes so caryed or conueyed in to the ê‘ties beyonde the see / The one moyte of the same forfayture to be to oure sayd soueraygne lorde the kyng / And the other moyte to euery ê‘sone / whiche woll or shall sewe by byll wrytte Informacion or other wyse ayenste any ê‘sone for the same / And that the defendauÌ„t in any plee vpon any such accoÌ„n be nat admytted to wage his lawe nor any proteccion or essonÌ„ for any suche defendauÌ„t be alowed in the same An acte for advodynge disceytes in worstedes Ca .iiii. PRayen the CoÌ„mons in this present ParlyameÌ„t assembled that where as worstedes whiche ben truly made shorne dyed and calendred as of olde tyme hath ben accustomed to be made shorne dyed Calendred haue ben one of the goodlyest marchaundyse grettest CoÌ„modytie for this Realme / not only worne wtin this Realme / But also moche worne and vsed in other Realmes / And so it is that now of late dyuerse straungers beyonde the see haue taken vpon them to drye Calendre worstedes with gommes oyles and presses so that a cource pece of worsted nat beyng past the value of .xxvi. sÌ„ viii d. Is and shal be made by theyr sayd gommes oyles / presses to shewe lyke to the value of .xl. sÌ„ or better / And if the same worsted so dry calendred taketh any wete incontynent it wolle showe spotte and showe fowle /
And euer after contynue stylle soule and wollnat endure to the great disceyte hurte of the werers therof losse of the sayd CoÌ„modite / for the sayd disceytê falsnes the sayd dry calendryng is shurned abhorred in the ê‘ties beyonde the see / So that no ê‘sone done shall vse in those ê‘ties any suche worstedes to dry calendre / And also now of late the sayd Straungers called dry calenders arne coÌ„men into this Realme here with in the same vse the sayd dry caleÌ„dryng of worsted of the great hurt of the said coÌ„mon wel CoÌ„modyte of this Realme a foresayd / wherfore be it enacted ordeyned establyshed by the assent of the lordê spuÌ„all temporall / the CoÌ„mons in this pÌ„sent parlyament assembled by auctoryte of the same that no ê‘sone ne ê‘sons wtin this sayd Ryalme hereafter do take vpon hym or theym to dry calendre any worsted within this sayd Realme vpon payne to forfayte for euery worsted that is so dry calendred one C. sÌ„ And ouer that where as the sayd olde calendryng of worstedes called wete calendrynge haue ben vsed well substancially in tymes paste in the Cytie of Norwych yet is by ê‘sones hauyng conyng in the same / Be it therfore furthermore enacted or deyned establisshed by the auctorite aforesayd that no ê‘son ne ê‘soÌ„s hereafter do take vpon hym or them to were calendre any worsted / but only suche ê‘sons as haue ben bounde apprentyses to other ê‘sones of the same craft or occupacoÌ„n of wete caleÌ„dre of worstedes by the space of .vii. yeres or be coÌ„nyng in the same / theyr coÌ„nyng approued admytted by the Mayre of the sayd cytie of Norwyche for the tyme beynge the two Maysters of the sayd crafte occupacyon yerly to be chosen wtin the sayd cytie of Norwyche / or in the CouÌ„tie of Norff of the craft of wete caleÌ„dryng vpon payne of euery such ê‘sone or ê‘sons / which hereafter shall do the coÌ„trary to forfayte for euery pece so caleÌ„dred ayenst the ordynauÌ„cê puruyauÌ„cê aforesayd C. sÌ„ The one moyte of which penaltes forfaytours aboue specyfied of euery of them to be to the kyng our soueraygne lorde / And the other moyte therof to be to the Maisters of the sayd occupacyon of wete calendryng / for the tyme beyng / And that it shal be laufull to the Maisters of the sayd occupacyon for the tyme beyng / their successours to shewe for the one moyte of all such penalties hereafter to be forfayted ayenst euery such ê‘sone or ê‘sones as hereafter shall do the contrary to the fourme effect of this estatute by accioÌ„ of dette by wrytte at the CoÌ„mon lawe or by byll or playnt after the Custome of suche Cytie / port / or towne / where shall happon any suche forfayture to be or fall / or by informacion in the kyngê Eschequer / And that no proteccion or essoine ne no wagere of lawe for the defê in any such accion playnt or informacion be alloweable before any maner of Iustycê / where any suche sute or Informacion shal be vsed for the sayd forfayture / And this Acte to endure to the next Parlyament An acte cocernynge Iurys in LondonÌ„ Ca. v. WHere in this present Parlyament holden at Westmester the .iiii. day of February in the .iii. yere of the reygne of our soueraygne lorde the kynge and proroged vnto the .iiii. daye of Nouember in the .iiii. yere of the reygne of oure soueraygne lorde the kyng and adiourned vnto Westmester aforesayd / for asmoche as after issuis Ioyned in accions and suettes coÌ„mensed taken or dependyng iÌ„ the kyngê Courtê before hym selfe in his Benche before his Iustycê of the coÌ„men Benche / And also in his Eschequer at the kynges suete or at the sute of the ê‘tie tryable in the cytie of London aswell the kyng as the ê‘ties suffered great delaye many tymes for defaute of apparens of the Iuryes enpanelyd to trye the sayd issues / and many tymes for lacke of Iurours not hauynge landes and tenÌ„tes of the yerly value of .xl. s. It was the sayd .iiii. daye of Nouember ordeyned and enacted by the auctoryte of this present Parlyament / that the Sheryffes of London for the tyme beynge shulde haue full auctoryte power to returne in panelles or Arrayes of all accions and suetes then dependynge or that shulde depende in any of the sayd Courtes or Eschequer ê‘sones beynge cytezens hauynge goodes to the value of C. marke or aboue to trye the issue Ioyned iÌ„ euery suche accion or sute / And that the ê‘sones so retourned hauynge goodes to the value of C. marke or aboue shuld be sworne and doo in all suche Iuryes iÌ„lyke wyse in euery thynge as other ê‘sones shulde do hauynge landes tenÌ„tes of the yerely value of .xl. s. ouer all charges / And that the Sheryffes of the sayd cytie for the tyme beynge shuld retourne vpon the firste distresse in euery suche accion or sute vpon euery of the Iurours enpaneled to trye the issues therof .xx. d. And vpon the seconde distresse vpoÌ„ euery of the same Iurours .xl. d. And vpon euery distresse after that vpon euery of the same Iurours the double / tyll a full Iury in euery suche Accion and sure shuld appere be sworne to trye the issue Ioyned in the same / And that the Sheryffes that shuld make any retourne vpon suche distresses contrarye to the fourme aforesayd shuld forfayte for euery suche defaute .x. li. The one halfe therof to be to the kynge / And the other halfe to the ê‘tie that will sewe therfore / And that the defendauntes in any suche accion shulde not be admytted to wage his lawe nor proteccion therin for hym alowed whiche estatute was oonly made for the good Expedycyon of Iustyce for to haue quycke apparence of Iurours cytezeÌ„s of LondoÌ„ at Seynt Marteynes the graunt with in the sayd cytie / where all Iuryes were ben bounden oonly to appere to try the issues Ioyned of all thynges tryable in London by ê“cesses of Nisiprius out of the sayd Courtê in none other place accordynge to theyr Auncyent lybertie pryuilege and custome / wherfore for more playne declaration of the same good estatute be it ordeyned and establysshed by the auctorite of this present Parlyament that the sayd Acte be expowned interpretated and taken / that the Sheryffes for the tyme beynge be bounden to Retourne at euery first distresse of Nisiprius to be had at the sayd seynt Marteyns in euery suche accion or sute vpon euery of the Iurours impanelled to trye the issues therof .xx. d. And vpon the seconde distresse of Nisiprius vpon euery of the same Iurours .xl. d. And vpon euery distresse of Nisiprius after that euery of the same Iurours the double / tyll a full Iury in euery suche accion and sute shall appere be sworne to trye the issue Ioyned in the same / And that no Sheryffe of the sayd citye or other /