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

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made void But for that the dearth and plentie of Cheese Butter Capons Hens Chicken and other victualls necessarie for mens sustenance were many times inhaunsed and raised by the covetousnesse of the owners by occasion of ingrossing and regrating the same 25 Hen. 8 cap. 2 It was 25 H. 8 cap. 2. provided that upon complaint of any such inhaunsing the Lord chancellor of England and others therein named should have power to see and taxe reasonable prices upon such kind of victualls to be sold in grosse or by retaile and Proclamation to bee thereof made under the great Seale and those prices so taxed to be observed upon such paines as by the said Proclamation should be declared But this Act should not be hurtfull to Maiors Sheriffes Bailiffes or other officers of Cities Boroughs or Townes-corporate nor to any other having authoritie to set prices c. Nota the power of a Leet is not abridged by any of these Statutes but rather declared and explained Horsebread c. IF any Baker in any Citie Towne corporate 〈◊〉 Jar. ●1 o● Market towne shall make or sell any Horse-bread which is not of lawfull assize and reasonable weight after the price of Corne and Graine in the market adjoyning Or if any Hostler or Inholder dwelling in any Citie c. shall make horsebread in his hosterie or without Or shall not sell their horsebread and their hay oates beanes pease provender and all kinde of victuall both for man and beast for reasonable gaine having respect to the prices in the markets adjoyning without taking any thing for litter Or if any Inholders of Hostlers dwelling in any throughfare towne or village being no citie towne corporate or market-towne where any common Baker having beene an apprentice at that trade by the space of seven years is dwelling who may by this Statute make horsebread in his house shall not make it sufficient lawfull and of due assize according to the said prices of graine and corne Or shall offend in any thing contrary to this act All stewards of Leets have power to enquire heare and determine all the said defaults and offences of the said Hostlers and Inholders And the punishment to be insticted is for the 1 Offence to be fined according to the quantitie of the offence 2 Conviction imprisonment for one moneth without baile c. 3 To stand in the pillorie without redemption of money 4 After judgement of the pillorie given hee shall be forejudged from keeping any Inne againe Unwholesome or corrupt Victuall IF any Butchers Fishers or other Victuallers do sell any manner of corrupt victuall not wholesome for the body of man If any butcher shall sell carnes sustentatas vel de morte morina any contagious flesh or that dyed of the murrain 51 Hen. 3. Or shall kill and sell the flesh of any Bull unbaited or of any cattle killed suddainly upon the drift or with their breath doe puffe and blow up meat whereby it prooves deceitfull in the sale and may bee unwholesome it is presentable Flawing of Hides c. NO Butcher by himself or by any other person 1 Iac ca. 22. shall gash slaughter or cut any hide of any Oxe Bull Steere or Cow in flaying thereof or otherwise whereby the same bee impaired or hurt under paine of 20 pence for every hide so gashed c. 1 Iac. c. 22. No Butcher shall water any hide except only in the moneths of Iune Iuly and August nor shall offer or put to sale any putrified or rotten hide upon paine of every hide so watered putrified and offered to be put to sale three shillings foure pence Calves under five weekes old NO Butcher or other person or persons shall kill any Calfe to sell being under five weeks old upon paine for every Calfe so to be killed and sold six shillings foure pence No Butcher shall by himselfe or any other person use the craft or mysterie of a Tanner during the time that he shall use the craft of a butcher upon paine for every day six shillings eight pence Cookes INquirie is to be made of Cookes that seeth flesh or fish with bread or water or any otherwise that is not wholesome for mans bodie or after that they have kept it so long that it loseth its naturall goodnesse debitam naturam and then reseeth it and sell it 51 Hen. 3. Malt-maker THe Maltmaker the only Syre of an unruly Alchouse 21 Edw. 6.10 revived 27 Eliz 14. by his excesse in making of too much Continued 1 Iac. 25 Continued 21 Jac. 28 Continu●● 3 Car. 4. and his slights and deceipts in his hasty making of bad and corrupt malt is as ill a member as any his frauds and slights are in the preamble of this Statute described to be such in the making and drying of his malt that no wholesome drinke for mans bodie could bee thereof made to the perill and danger of his Majesties subjects the losse and decay of the Common wealth and the utter impoverishment of Brewers for that they could not make so much of fifty quarters of malt being evill dryed and made as they could of forty good If therefore any person shall make any barly malt the moneths of Iune Iuly and August only excepted but that it shall have in the Fat and Floore steeping and sufficient drying thereof three weeks at the least and in those moneths 17 dayes at the least without which it cannot bee wholesome for mans body shall forfeit for every quarter of Barly malt two shillings Or if any shall mingle any malt not being well and sufficiently made or being made of mow-burnt or spired barlie with other good malt and put the same to sale shall forfeit for every quarter two shillings If any person shall put to sale any malt not sufficiently and well trodden rubbed and fanned whereby there may bee conveniently fanned out of one quarter thereof halfe a peck of dust or more every such person shal forfeit and lose for every quarter so put to sale twentie pence One moitie of those forfeitures are to accrew to the King and the other to the partie that will sue for the same to be sued or presented within one yeare Of these abuses every Steward of Leets hath power to heare and determine aswell by presentment of twelve men as by accusation or information of two honest witnesses and the Bailiffes and Constables of every borough market towne or other towne where such malt shal be made or put to sale within any of the said townes and finding the same with the advice of one Iustice of peace shall cause the same to be sold at reasonable prices and under the price of the market as to his discretion shall seeme expedient Millers IF any Miller take excessive tole he ought to take but the twentieth or twenty fourth grain according to the custome of the place and to the strength of the water or if hee changeth or altereth the graine which he hath to
De ●odo●reddendi according to the true meaning of this ancient oath of Legeance is the difficult question S. Pet. 1.6 2. v. 13. giveth this monition Submit your selves to every ordinance of man for the Lords sake whether is be to the King as supreme vers 14. or unto governours as unto them that are sent by him c. Though by the rule of S. Paul the substance of every princes power is the ordinance of God yet the specification of the circumstances thereto belonging as in regard of places persons Jurisdiction subordination and the rest is an humane ordinance introduced by custome or positive law Hence I will deduce this generall position That all subjects are bound by dutie and legeance to their princes to render to them civill obedience and their dues and duties according to the laws and customes of that kingdome wherein they live then by consequence the subjects of great Britain to their gracious Soveraign according to the Lawes and customes of our Nation To capitulate here all the casuall dues and duties annexed to his prerogative as forfeitures escheates confiscations or such like or wardships mariages primer seisin and many more at large recited and declared by the statute intituled Prarogativa Regis published in the 17 yeare of Ed. 2. Or to make particular rehersall of other ordinary dues as customes aide and such like were cleerly out of the scope of my intention But faithfully to deliver by what ways and means the king may require any extraordinarie aid and supply out of each subjects particular estate or terrene honour hic labor hoc opus est Some not well affected to the constant government of this kingdome The payments of dues and duties most proper by Parliamentary gift would have the kings necessities supplyed by impositions and taxes to bee raised and levied by the kings meer and absolute power without any commitiall consent of peeres and commons others more orthodox if I may so terme it to the happinesse of his Majestie and tranquillitie of the State doe hold and so it hath been declared by ancient modern parliaments that a parliamentarie gift subsidie or supply bee it of what name soever from the subject to the King is most proper and competible with the ancient rule and government of our kingdome The very name of parliament is sacrum quoddam and the nature of it most sublime and so long as the members are in unitie with the head most absolute and illimited The kingdome of England is a most ancient Monarchie under the rule and government of a Supreme Leige Soveraign conform and according to the peculiar lawes and customes of the nation confirmed by severall Parliaments and whereas all other nations as Bracton faith Lib. 1. Cap. 1. were governed by written lawes Sola Anglia usa est in suis finibus jure non scripto consuetudine in en quidem ex non seripto jus venit quod usus comprobavit Sed absurdum non erit leges Anglicanas licet non scriptas leges appellare cum legis vigorem habeat quicquid de consilio consensu magnatum reipublicae communi sponsione authoritate Regis sive principis praecadente juctè fuerit definitum approbatum England only is ruled by a law not written and by custom which by usage hath beene approved and it were absurd because not written not to call them lawes inasmuch as whatsoever by the counsell and consent of the Peers and commons and by the kings royall authoritie shall bee determined and allowed hath the power and vertue of a law Herein we may observe an authentike description of a parliament I cannot passe by the word Quicquid there is some remarkable energie in the generalitie of it that must not goe without a Quisquid Some would have religion and Ecclesiastike persons and do not stick to murmur loudly of it exempt from all parliament power All persons causes subject to Parliament but our Author who wrote in the later time of Hen. 2. well nigh 380 years agone not long after King Iohn had coactedly delivered over his royall Crowne into the hands of the Popes Legat and thereby admitted papall incroachments of jurisdiction in this kingdome although with the common errors of those times he seemed to advance pontisiciall power in Ecclesiasticall causes here cui scil Papae alioqui invictissimi etiam Imperatores Reges cesserunt as it is said in the prologue to Bracton yet he brings all jurisdictions and matters whatsoever with his Quicquid within the cognizance and power of parliament A parliament is the supremest Court of Justice in this kingdome Parliament the supremest court of justice an assembly of the King the Lords and peeres and the Commons of the Realme The word Parliament is a French word and signifies originally as much as colloquium a conference or treatie betweene the King and his Subjects I●●is great Court the kings of England have ever had authoritatem praecedentem as Bracton notes before aswell in regard of their naturall persons having supremacy and preeminent precedencie over and above all persons as of their politike capacitie and have the sole and only power to call and convene parliaments and to do all other kingly offices And they had and ever have potectatem subsequentem a power to ratifie and confirme such acts and lawes and Statutes whatsoever as are treated and agreed upon by the peeres and commons The king as learned Cambden observes and hath it from Bracton supremam potestatem merum imperium apud nos habet nec in imperii clientela est nec in vestituram ab alio quovis accipit nee prater Deum superiorem agnoscit In short the king is supreme over and above all persons and owneth no superiour but God The parliament is called by writs of summons directed to each peere of the land The calling of the parliament and by writs of summons directed to the Sheriffes of each severall countie And it is called by the advice and consent of the kings councell but note the king of England is armed with divers Councels One which is necessarieto be explained called Commune Concilium in all writs and proceedings and that is the high Court of parliament A second which is grande or magnum concilium which is sometime applyed to the upper house of parliament sometimes out of parliament to the peeres of the realme Lords of parliament Thirdly he hath his legale concilium his judges of the law for law matters The Fourth and last and not the least is the kings privatum concilium his privie Councellors of State The king hath as all the kings of England ever had his sacros and secretos consiliarios his sacred guard of privie Councellors Majorum et sapientissimorum è regno Amongst whom he fitteth in person and moderates their consultations in imitation of the precepts and presidents recorded in holy Scripture Where no counsell is the people fall but