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A22857 Anno xi henrici vij Statuta bonu[m] publicum concerne[n]tia edita in parliamento tento apud westmonesterium xiiij die Octobris anno regni illustrissimi Domini nostri regis Henrici septimi.; Laws, etc. England. 1500 (1500) STC 9352; ESTC S111424 51,309 52

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be taken shall be taken afore the kynge in his benche or afore the Iustices of the comen place none in other courtes And that Nisi prius shall be graunted by discrecōn of the Iustices vpon the distres And euery of the sayd petite Iury may appere and answere by attourney in the sayd atteynt and that the moyte of the sayd forfeyture of the petite Iury shall be leuied to thuse of our soueraīe lorde bi Capias ad satisfaciend or Fieri fac or Elegit or by accōn of dette ayenst euery persone of the petite Iury so forfeitynge and ayenst his executours and administratours hauyng thenne sufficient goodes of theyr sayd testatour not administred And thother moyt shall by lyke proces be leuied to thuse of the partye that sueth ony atteynt geuen by this acte ayenst euery of the sayd petite Iury and his executours or adminystratours hauyng thenne sufficiencie of goodes as is aforsayd not administred And the iugement of restitucōn to the partie greued suynge this acte execucōn of the same to be had and lyke Iugement for the partie defendaunte or tenaunte to be discharged of restitucion as afore this present acte in case of a graunde atteynt hath be vsed Be it also ordeyned and enacted by thactorite abouesaid that in euery writte of atteīte hereafter to be takē by or vpō this acte that whiche shall be suche as other writtes of atteȳt bē aft the Teste of the same write shall be writtē thyse wordes in latyn per statutum anno vndecimo henrici septimi editum ¶ Be it also ordeyned enacted by the same auctorite that all penalles hereafter to be retorned whiche ben not atte the suyte of ony partie that shall be made putte in afore ony Iustices of Gaole deliuere or Iustices of peas in theyr open Sessyons to enquyre for the kynge shall hereafter be refourmed bi addiciōs and takynge out of names of persones by discrecōn of the same Iustyces before whom suche panell shall be retorned And that the same Iustyces shall hereafter cōmaunde the Shiref or his ministres in his absence to putte other persones in the same panell by theyr dyscrecions and that panell soo hereafter to be made to be goode and lawfull This acte to endure oonly to the nexte parlyament For punysshment of periury by examinacōn of the Chaunceller Tresorer c Capitulo xxv THe kyng our souerayne lorde well vnderstondyng the haynous and detestable periuries dayly cōmitted within this realme in enquestis and Iuries taken aswell betwix his highnes and other his subgettes and parti and parti as in enquestes of office to the hygh dysplesur of almyghty god and lettynge of administracōn of Iustice the whyche ꝑiury growyth by vnlawfull reteyndours mayntenaunce embracyng champart●e and corupcōn of good aswell of the Shirefs as of other officers Notwithstondyng ony lawes before this time made for the punysshment of suche offendours wherfore the kyng our souerayne lorde by the aduyce and assent of his lordes spirituall and temporall and of the comens in this present parlyament assembled and by auctoryte of the same enacteth establysshy●h wylleth and cōmaundyth that all the sayd lawes be duely putte in excucōn And it be ordeyned by the sayd auctoryte that the Iustyces of peas wythin thys realme in ony enquestes of offyce before theym or ony of theym to be taken Admitte nor take ony panell of suche enquestes to be retorned afore theym but yf the same panell be fyrst seen before theym and they to refourme it by theyr dyscrecion yf cause be and that euery panell otherwyse receyued be voyd and of none effect And ferthermore be it enacted by the sayd auctoryte as for ony periuri cōmitted by ony enquestis betwene the kynge and the partie partye and partye wherupon iugement is herafter geuen that the partye greued or ony other that wyll complayne of ony vnlawfull maintenaunce ymbracynge corrupcōn of ony offycers wherby the sayd periury was induced and of periury by the sayd enquestes comytted may complayne by by●l to be presented afore the Iustyce or Iustices be whom iugement shall be geu●n Whyche Iustice or Iust●ces shall be bounde to receyue it soo that the cōplainaūt present the same byll before the same Iustice or Iustices within .vi. dayes after the iugement geuen and fynde sufficient suretie before the same Iustice or Iustyces by his discrecōn to be admitted that wyll bynde them by recognisaunce or otherwise in suche sōme or sōmes of money shall be lymytted by the discrecōn of the same Iustyce or Iustices to the seuerall partie vpon whom he shall complaine vpon condycōn that yf the partye complaynaunt preue not suffycyently the matere of his complaynt to be true that thenne the sayd complaynaunt to paie suche costes and damages to the seuerall parties greued and at suche tyme. as shall be considred and awarded by the discrecōn of the sayd persones that haue power by thys present acte to examyne the same And that the sayd Iustyce or Iustyces after the receyte of the sayd byll of complaynt in fourme reherced certyfye the sayd byll vnder his or theyr seale or seales vnto the Chaunceller of Englonde for the tyme beynge And thenne the same Chaūceller shall cause by wrytte att the suyt and costes of the partie complaynaūt all suche persone or persones ayenst whom the sayd complayntis soo made to come afore the same Chaunceller and Tresorer of Englonde the chyef Iustyce of eyther bēche and the clerke of the Rolles for the tyme beynge whyche shall haue full power and auctoryte by thys present acte by theyr dyscrecyon to examyne all suche persone or persones apperyng before theym of all thynges comprysed in the bylle of complaynt and to punyssh̄ al and euery suche persone or persones as by that examynacōn shall be founde offend●r or offendours aswell of periury as other after theyr dyscrecyon And ouer that be it enacted that yf the partye complaynaunt pursue not or proue not his byll of complaynt thenne he to yelde to euery persone by hym wrongfully vexed his costys and damages and make fyne to the kynge atter the dyscrecyon of theym before whome the examynacōn is soo had And it is ferder ordeyned that thys acte extende not to the anyntisement nother vndoyng of the verdyte and iugement yeuen but that the sayd verdyte and iugement stond in his strength to the tyme it be vndone or auoyde by writte of errour or atteynt or otherwyse after suche order as the comen lawe was afore the tyme of makyng of this statute this present acte notwythstondynge ¶ And ouer that be it ordeyned by the sayd auctoryte that yf periury be cōmitted by proues in the kynges courte of the Chauncery or before the kynges honorable Counseylle or elles where that thēne the fore named Chaunseller vpō a bylle to hym putte wyth lyke suretye as is afore reherced make lyke proces to call in the supposed periured persones afore the sayd Chaunceller Tresorer Iustyces and clerke of
proclamacōn and eftsones after that make defaut and appere not at the nexte generall Sessyons after that Soo that lyke proclamacyon be made as is aforesayd ¶ And yf ony of the sayde ryottours ageynste whome proclamacyon is made in a Foreyne shyre where they be dwellynge make defawte at the daye and place in the sayd proclamacyon to theym lymytted thenne he or they in whether of he sayd Shyres they dwelle that soo make defawte to stōde and be adiuged and conuycte vpon the same defawte of the sayd ryotte and vnlawfull assemble yf he or they were therof conuycte by the due ordre of the lawe without he or they canne make suche lawfull excuse as the sayd Iustyces shall thynke resonable by theyr dycrescyon And thereupon suche processe to be awarded ayenst them as is acustumed vpon condempnacōns of trespace in your comen benche at the sute of the partye And that the sayd Iustices of the pease haue auctoryte and power to here determyne the reherced causes as well vpō byll before them as by enditementes and vpon the same byll or indytementes to procede determyne the same bi inquestes accordynge to the course of the comyn lawe And the partye therby and therupon to stonde conuycte as perfytly as yf they were therupon conuycte by due processe of the lawe And yf the sayd mayster or maysters pryncypall or princypalles leder or leders or ony other afore reherced offender be conuycte vpon the premysses thenne he or they be commytted to pryson there to remayne and abyde without bayll or maynpryse by suche tyme and space as shall be thoughte resonable by dyescrecion of the sayd Iustices And then he or they departe out of pryson to pay theyr fyne sessed after the dyscrecyon of the sayd Iustices his or their haueour offences considered ¶ And that it be enacted by the sayd auctoryte that by the dyscrecyon of the sayd Iustices and as they se nede euery of the sayd mayster or maysters pryncipall or princypalles leder or leders and other the sayd offenders so couicte be bound to the kynges pease from hensforth in suche sōme or sōmes of money as shall be consydered by the sayd iustices And the sayd surete to stonde by the discrecion of the sayd Iustyces And yf it be soo that the sayd ryotte vnlawfull assemble be committed with the nomber of xl persones or aboue or with lesse nomber thanne .xl. and that by the discrecyon of the sayd Iustyce it be thought haynous that thenne yf the sayde mayster or maysters pryncipall or princypalles leder or leders that haue appered and soo therof be conuycte that thenne they remayne in pryson vnto the tyme that they haue found suffycyent surety to appere afore the kynge and his counsell at a certayne day by the sayd Iustyces to be lymytted at the whyche day or afore the keper of the gaol rolles of the sayd recordes shall doo to be sent vnder his seale the sayd hole recorde of the conuyction to the kynge our souerayn lorde and his counseyll to thentente that his hyghnes and his Counsell may awarde suche emprysonement and fines of the sayd mayster or maysters pryncypall or pryncypalles leder or leders as by his highnes and by his sayd Counseyl shal be thought conuenyent And yf the partye complaynaunt as is aforsayd can not proue the matter of his sayd byll to be true then he to pay resonable costes and damages of the partye vexed as shall be thoughte resanable by dyscrecyon of the same Iustyces and they to make ayenst the same complaynaunt not prouīge the matere of his sayd byll to be true suche processe ayenst hym for the sayde costes and damages as is afore lymytted ayenst the sayd ryotours conuycte of the sayd ryotte for the payment of theyr sayd fynes And yf the sayd complaynaunt or complaynauntes haue not suffycyent wherof to restore the partye and partyes soo vexed or trowbled in fourme aforesayd that thenne he ymmedyatly be rommytted to the comen gaole by the sayd Iustices there to remayn the space tyme as shall be thoughte by the sayd Iustices conuenyent and resonable And that this acte endure but vnto the nexte parliament For punyshment of Vsurers Capitulo viij PRayēge the comyns in this presēt parliament assēbled that wher in the parlyament holdenat westmystre the thrid yere of your moost noble reygne It was enacted ordeyned and establysshed that of for and vpon bargeynes grounded in vsury colored by the meanes of newe cheuesaunce or eschaunge contrary to the lawe of naturall Iustices to the greate displesure of god and of our sayd soueraine lorde and the comyn hurte of this his londe that certayn punisshmentes and penaltees sholde renne vpon the offenders in that behalfe as in the sayd acte more at large is conteyned whiche acte was and is so obscured derke defuse that the true entente of the makers therof can not perfitly be vnderstonde wherfore and for the playne explanacōn and declaracōn of vsury and penaltees to be hereafter excuted vpon th offenders in the same The kynge our soueraine lord by thassent and aduice of the lordes spirituall temporall and the comyns in this present parlyamen assembled by auctorite of the same ordeineth enactyth and establysshth that all manere of persone or persones lenynge money to and for a tyme takynge for the same lone ony thinge more besides or aboue the money lente by way of contracte of couenaunt at the tyme of the same lone Sauynge lawfull penaltees for none payment of the same money lent and that all manere of persone and persones whiche hereafter sel oni goodes catelles or marchaundyses to ony persone or persones beinge in necessite and the seller himselfe or by his brokar or factour in that behalfe agayne bye the same goodes catelles or marchaundyses of the same persone to whom they were solde beynge in necessite of his brokar or factour in that behalfe within thre monethes after they ben solde fore a lesse somme of money than they were solde for knowynge the same goodes soo bought ayen afore by the same byer or byers to be solde after the fourme afore sayd And that euery persone persones lenynge or takynge ony money to ony persone or persones to a certayne tyme and takyth londes renementes or ony hereditamentes or other boundes for surete perfyte and sure repayment of his or theyr money lent at the tyme assygned wythout condycōn or auenture and also at the tyme of the same lone or takynge of the sayd money couenauntyth appoyntyth or contractyh couenaunten appoynten or contracten that he or they that soo lene or take moneye shall haue the reuenues and profytes of the londes tenementes or hereditamentes of hym that soo boroweth or takyth money by a certayn tyme that thenne euery persone hereafter vpon ony of the promysses conuycted forfeyt the moyte of the value in money of the sayd money goodes catalles marchaundyses as is aboue sayd soo solde or lente after suche value as