strāgers none to be enchesoned And the .iiii. Chaptre folowynge / hit is also commaunded that the byghe wayes from markette townes to market townes shulde from benseforth be enlarged there as are wodde bedges or dytches so that there be no dytche shrubbes or busshes within CC. foote of eche syde of the hyghe way wherby a felon whā he hath done a shrowde tourne maye scape but this estatute extendethe nat vnto the greatte ookes and byches And if throughe the lorde of the soyles defaute whiche wylle nat cutte and caste downe suche dytches shrubbes and busshes after the fourme as is afore sayde robberyes are commytted and done the lorde shal answere therfore And there be murther done the lorde shall be reynted at the kynges pleasure And if the lorde be nat able to cut downe the shrubbes the countre shall helpe him to do it And the kynge wyll that in his demayne landes and woddes within forest and without the highe wayes shulde be enlarged as is before sayde And if hit be so that there be any Parke nere vnto the hyghe waye hit behoueth that the lorde dymynyss he his parke vnto the largenesse of CC. fote nere of the hyghe waye as is afore sayde or els to make suche a walle / dytche or hedge that the misdoers can nat passe nor retourne to do shrowde tournes Also bit is commaunded that euery man shall haue armoure in his house for the kepynge of the peace accordynge as hit is of olde tyme limytted that is to saye euerye man betwene .xv. yeres and lx yeres to be lymytted and sworne to haue harneys after the quantyte of his landes and goodes that is to wytte a man of xv.li lyuelode and hauynge goodes to the value of .xl. marke an haber gynne a salette a speare a sworde and an horse A man of x.li lyuelode and hauynge goodes to the value of .xx. marke an habergynne a salette a speare and a sworde A man of an C.s. lyuelode a doublette a salette a speare and a sworde A man of xl.s lyuelode and aboue to the value of a C.s. a speare bowe arowes and a sworde And he that hath nat to the value of xl.s lyuelode shall be sworne to haue faux gysarmes a sworde and other smalle weapons And he that hath nat to the value of .xx. markes in goodes / a speare a sworde and other smalle weapons And all other that maye haue shall haue bowes and arowes Out of the foreste and within the foreste bowes and pillettis And that the sayde armours and weapons be seen and viewed euery yere twyse And in euerye hundred and fraunchese to chose .ii. constables to make the viewe of the sayd armours and weapons and the forsayde counstables shall presente before the Iustyces assygned whan they come in to the con̄tre the defautes of the armours and weapons the sutes of the townes and of the wayes And also they shall present suche as lodge strangers in vplandyss he townes for whom they wyll nat answere And the Iustices assigned shall presente in euerye parlement to the kynge the defautes whiche they haue founde / and the kynge shall se a remedye And that shereffes and baillies within francheses and without great or smalle whiche haue baillywicke or forest in fee or in other maner take good hede from henseforth that they folowe the crie with the countre And after as they be to haue horse and harneis for that entent And if there be any that dothe the contrarye the constables shall presente theyr defautes to the Iustyces assygned and the Iustices shall after warde presente them to the kynge and the kynge shall se hit remedyed as is before layde And the kynge for the honoure of holy churche commandeth and defendeth that from henseforth no feyres nor markettes shall be kepte in churcheyardes Also in the tyme of the same kinge Edwarde the fyrste that made the statute of wynchester the .xiii. yere of his reygne there were articles made conteynynge the maner of inquery whan the sayd statute was kepte and whan nat and who wolde obscrue it and who wolde nat where howe and by whom robberies were done and whether the sheryffes answered the bodyes of the yll doers whether the gates of cites townes were closed from sonne to sonne whether any herbored strangers in subburbes and foreyne partes of townes / whether the bayllyes enquered thereof bowe the watche was kepte bowe and where bygh wayes were enlarged and where nat whether all betwene .xv. lx yere were sworne to kepe the pece whether they had armours and weapons in theyr houses after the stent of their landes and goodes whether the constables in due maner viewed the sayd armours or nat and lastely whether the sheryffe bayllyes and foresters folowed the shoutte and crye accordynge to the foresayde statute The seconde yere of E. the .iii. the .vi. chaptre it is enacted that the sayde statute of wynchestre with all other concernynge the peace / shulde in all poyntes be obserued and kept and Iustices assygned haue power to punyss he suche as disobey and go agaynst the same statute It is also ordeyned the .v. yere of Henry the .iiii. that watche on the see cooste ouer all the realme of Englande shulde be kepte with suche noumbre of people in places fourme / and maner as hit was wonte to be in tymes paste / and that in this case the statute of wynchester shulde be obserued and kepte And that in the commyssions of the peace from henseforth to be made this article shulde be put and the Iustices of the peace haue power to make inquisitions in theyr ceffyons from tyme to tyme / and them that be found in defaut to punisshe after the tenure of the same statute Also hit is ordeyned and enacted the .vii. yere of the raygne of kynge Rycharde the seconde the .vi. chaptre that the statute of wynchestre shulde be obserued and kepte in all poyntes and welle and hastylye putte in execution at the complaynte and pursuyte of anye that felethe hym selfe greued agaynste the tenure of the same And to the ende that none frome hensefourthe shulde excuse hym selfe through ignorance bit is accorded that euery sheryffe of Englande shall in his owne persone do proclayme the same statute .iiii. tymes in the yere / in euerye hundred of his bayllywyke and by his bayllyes in euery markette as welle within lyberties as without And hit is enacted and ordeyned the .xxvij. yere of the reygne of the mooste noble kynge Edwarde the thyrde the .xiii. chaptre that if any marchant straunger or other that is robbed on the see and the same goodes so robbed come in to any parties of Englande or other the kynges landes wyll sue to recouer the sayde goodes he shall be resceyued to proue the said goodes to be his by his markes carte cokette or els by good and loyall marchates strangers or other and vpon suche proffes the selfe same goodes to be delyuered vnto the marchaunt without makyng of other sute at the comon lawe ¶ Thus endeth the statute of wynchestre with the other concernynge the same statute Imprynted at London in Fletestrete / in the house of Thomas Berthelet nere the Cundite at the signe of Lucrece Cum priuilegio a rege indulto
and measures bothe great and smalle of euery cyte borowgh and market towne shulde be dilygentlye sene and examyned twyse in the yere and oftener if nede be by the mayres bayllies and other beed officers And if any man be conuicted to vse .ii. measures to bye by the more and fylle by the lesse be shall as a false disceyuer be put in pryson and greuouslye punysshed The standerde busshels galons and yardes / shall remayne in the custody of the maire or baylics and .vi. bonest men of the towne sworne before whom al measures shal be sealed And that no maner grayne be solde by heape or cantell / excepte ootes malte and meale And by the statute made anno .xi. H. vii.cap.iiii beed officers of townes maye sygne weyghtes and measures with an H. crowned and take for the markynge of euery busshell i.d And all weyghtes and measures founde defectyue vpon examynation shal immediatly be bourned and the trespasour to forfayte for the fyrste tyme vi.s.viii.d the seconde tyme xiii.s.iiii.d the thyrde tyme xx.s to the mayre bayly / or other hauynge iurisdiction there and for farther punysshement to be sette vpon the pillorye And by the statute made anno .xij. H. vii the busshelle shall conteyne .viii. galons of wheate and euerye galon .viii. pounde of wheate and euerye pounde .xii. vnces and all Troy weyghte It was enacted anno .xiiii. E. iii.cap.xi that the Treasorer of Englande shulde make standerdes of busshels gallons / weyghtes and send them in to euery shere and to assygne .ii. in euery shere to here / determyne and punysshe suche as sylle by other measures and for there expenses they sihal haue the fourthe parte of the fynes leuied in suche cases And that none sylle by busshell nat sealed with the kynges seale Nat withstandinge this acte the clerke of the market shall nat let to do his offyce Nor lordes lose theyr francheses The weyghte of woulle shal be according to the standerde of the escheker anno .xxv. E. iii.cap.iiii And bit is defended by statute of the staple made anno .xxvii. E. iii.cap.x that none weye any marchandyse with false weyghtes on peyne to forfaite to the kynge the value of that that is solde and treble damages to the partie And Iustices assygned haue power to enquere therof as welle at the kinges as the the parties sute and to do execution And anno .xxxi. E. iii.cap.ii bit is ordeyned that certeyne balances and weyghtes of sacke di sacke ii and quarter / accordynge to the standerde of the escheker shulde be sente vnto all shereffes of Englande and that eche shulde proue theyr weyghtes / without any thynge gyuinge to the sheriffe And that none bye nor sylle by other measure on peyne to be at the kynges pleasure And the same yere the v.chap the weyght called Ancell was clene fordone And the .xxxiiii. yere the vi.chap it was ordeyned that the busshel pecke gallon pottell quarte through all Englande within francheses and without shulde be occordynge to the kinges standerde And the .xiii. yere of R. the ii.cap.ix bit was ordeyned that one measure and one weyghte shulde be vsed through all Englande excepte Lancastre shere bycause a greatter measure hath alway ben vsed there than in any other parte of the realme And be that is conuicte for vsynge false weyghtes or measures shall haue balfe yeres prisonement and gree with the partie to the double of his losse And the acte made the .xv. yere of the same kynge R. cap.iiii wyll that none on peyne of forfayture therof bye more for the quarter than .viii. busshels striken in London or els where And the .xvi. yere of the sayde R. and the xi yere of H. the .vi. rente seruyce due to lordes is excepted which shall be measured as it hath bene vsed And by the statute made anno .xi. H. vii.ca.iiii no man is prebyted to bye within the shyppe bourde by water measure whiche water measure shall conteyne .v. peckes accordynge to the standerde raised and strykē And also it is prouided that the actes of weightes and measures shall nat extende nor be burtefull to Lornewall and Deuonshere It is enacted anno .i. H. v.cap.vii and confyrmed the .xi. yere of H. the vi.cap.viii that all statutes touchynge measures shulde fyrmelye be obserued and kepte and no puruciour for the kynge to bye corne but by measure stryken and .viii. busshels to the quarter / and pay for the cariage of the same forth with And as ofte as any purueiour or other person shall be atteynted to bye or puruey corne other wyse to haue a holle yeres prisonement and paye C.s. to the kynge and C.s. to the partye greued And the mayre of London to be sworne in the escheker / to execute the statutes of weyghtes and measures And lyke wise all other mayres and baylliffes to be sworne whan they take theyr charges And as well they as Iustices of the peace haue power to put the same in execution as well at the kynges as the parties sute And accordynge as it is enacted anno .viii. H. vi.cap.v that euerye cyte on peyne of x.li euerye borowe on peyne of C.s. and euerye village where a constable is on peyne of xl.s shulde haue a common balance with weyghtes accordynge to the standerde and all thinbabitantes of the same townes frelye to weye without any thynge gyuynge and foreyns to paye for euery draughte of weyght xl li.q and for euery draught betwene xl.li and C. li.ob and for euery draughte betwene C.li. and M. li.i.d So lyke wyse it is ordeyned by his presente statute that vpon lyke peyne euery towne borowghe and village shall haue a common busshell sealed accordynge to the standerde and nothynge to be taken for measurynge of corne And that Iustyces of peace mayres bayliffes and stewardes of francheses aue power to examyn trespasours in the premisses and them to punyss be vpon examinatiō or enquest But the .xi. yere of Henry the .vij. the fourth chaptre bit was prouided that the penaltie conteyned in the statutes for none bauyng of weyghtes and measures sealed shall nat extende to any towne that is nat a citie or a market towne It is also enacted the fourth yere of our most gratious souerayne Henry the .viij. the .vij. chapter that who that vseth to bye or syll pewter or brasse and vseth false beame or weyghte shall forfayt xx.s the one halfe to the kynge andthe other halfe to hym that wyll sue in whiche action protection nor effoen lyeth nat And the partie shall forfayte his beame to hym that wyll seyse hit And if the party be nat able to pay the some that is forfaited than the mayres baylyffes or other beed officers of the place where be is foūde shal put hym in the stockes tyll the nexte market day and than to be on the pyllorie all the market tyme. The statute made anno .xvij. E. iiij.ca.iiij wyll that tyles shuld be well blanched and anuled and the tyle erth to be dygged
¶ The assise of bread and ale and dyuers other thynges as appereth on the other syde of the leafe ¶ The contentes of this boke besyde the assise of breadde and ale ¶ Fyrste of forstallers and forstallynge ¶ Of regratours and regratynge ¶ Of vitayles and vitaylours ¶ Of weyghtes and measures And howe moche vessels of wyne oyle bonye yeles Salmon and bearrynge shall bolde and conteyne ¶ Of pourueyours byers and takers of vitayles and other thynges ¶ Of the statute of wynchester and dyuers other statutes concernynge the same ¶ The cyse of breadde and ale IT Was enacted / anno li. Henrici .iij. that whanne the quarter of whete is solde for xij.d than the farthynge wastell loffe shall weye vi.li.xvi.s And the farthynge loffe Lokette of the same corne and of the same bultell shal wey more than the wastel by ij.s And the farthyng loffe cokette of corne of lesse price shall weye more than the wastelle by v.s The farthyng sym nell shal wey ii.s lesse than the wastelle The farthyng losse of clene wheate shal wey the coket an halfe that is to say the cokette that weyeth v.s more than the wastell The farthyng loffe of treite shall wey .ii. wastelles And the farthynge loffe of cōmon sort of corn shal wey two greatter cokettes whā the quarter of where is solde for xviii.d than the farthīg wastel loffe shal wey iiii.li.x.s.viii.d whan the quarter of wheate is solde for ii.s than the farthyng wastell loffe shal wey iii.li.viii.s whan it is solde for iii.s.vi.d than the loffe shal wey liiii.s.iiii.d.ob.q whan it is solde for iii.s than it shal wey xlviii.s whan the quarter of wheate is solde for iii.s.vi.d than it shall wey xlii.s whan it is solde for iiii.s thā it shal wey xxxvi.s whan it is solde for iiii.s.vi.d than the farthyng loffe shall weye xxx.s whan the quarter of wheate is solde for v.s than bit shall weye xxviii.s.ii.d.ob whan it is solde for v.s.vi.d than the farthynge loffe shall weye xxiiii.s.viii.d.q whan the quarter of wheate is solde for vi.s than bit shall weye xxii.s.viii.d whan bit is solde for vi.s.vi.d than the farthyng loffe shall weye xix.s.xi.d whan the quarter of wheate is solde for vii.s thā bit shall weye xix.s.i.d whan it is solde for vii.s.vi.d than the farthynge loffe shall weye xviii.s.i.ob whan it is solde for viii.s than it shal weye xvii.s whan it is solde for viii.s than it shal weye xvii.s whan the quarter of where is solde for viii.s.vi.d than bit shall wey xvi.s whan it is solde for ix.s than the farthynge loffe shall weye xv.s.q̄ whan the quarter of wheate is solde for ix.s.vi.d than bit shall weye xiiii.s.iiii.d.ob.q̄ whan bit is solde for x.s than the farthinge loffe shall weye xiii.s.vii.d.ob whan the quarter of wheat is solde for x.s.vi.d than bit shall weye xii.s.xi.d.q̄ whan bit is solde for xi.s than the farthynge loffe shall weye xii.s.iiii.d.q̄ whan the quarter of wheat is solde for xi.s.vi.d than bit shall weye xi.s.x.d whan it is solde for xii.s than the farthinge loffe shall weye xi.s.vi.d whan the quarter of wheate is solde for xii.s.vi.d than it shall weye ix.s.ix.d.ob.q̄ And ye shall vnderstande that the baker as hit hath bene proued by the baker of our souerayne lorde the kynge may gayne on euerye quarter of wheate iii.d and his branne and .ij. loues for surnage for .iiii. seruauntes i.d.ob for .ii. boyes q. for salte ob for costo ob for candell q̄ for wodde iii. d for bultell ob allowed whan the quarter of whete is solde for iii.s or for iii.s.iiii.d and barly for xx.d or for ii.s and ootes for xviii.d than the brewers in cities maye selle .ii. galons of good ale for i.d and in the boroughes .iii. gallons for i.d And withoute they ought to selle .iiii. for i.d and so they maye welle And wytteþ wel that this cyse ronneth throughe all Englande by the commaundement of our souerayne lorde the kyng And this is the cyse of bread and ale accordynge as it is conteyned in the wrytynges of the Marsalsie of our souerayn lorde the kynge after the price of the beste wheate the seconde and thyrde sorte And as welle the wastelle as other bread of what sorte so euer they be shall weye after the price of meane wheate And this cyse of bread ought nat to be chaunged but whan the quarter of wheate ryseth or falleth vi d in the price And euery baker ought to haue his propre marke on euery sorte of bread c. And that no brewer reyse nor fall a farthynge in the gallon but whan the quarter of malte ryseth or falleth xii.d in the price And they that breake the cyse of breadde or ale shal be amerced for the fyrst the seconde thyrde tyme. And the fourthe tyme the baker shall haue the iudgement of the pyllorye and the brewer of the Tumbrelle If there be any that by false meanes vseth to sell meale for the fyrste tyme be shall be greuously punyssbed the seconde tyme be shall lose his meale the thyrde tyme be shall haue the iugement of the pillory The fourthe tyme be shall forswere the towne c. And so likewise the bakers that offend Also bouchers that selle meselle porke or moryn fless he for the fyrste tyme they shall be greuouslye amerced for the seconde tyme so offendynge they shal haue the iugemēt of the pyllory for the third tyme they shal be committed to prison and be ransomed And the fourth time they shal forswere the towne And thus oughte other transgressours to be punyss hed as cookes forstallers and regratours of the market whan the cookes sithe roste bake or any otherwyse dresse fyssbe or fless be vnholsome for mans body ¶ Of forstallers forstallynge ANd ye shall vnderstande / that a forstaller is be that lyethe by the waye as vitayle or corne commeth to the markette and byeth bit to the intent to make the vytayle or corne derer in the markette in burte and preiudice of the kynges people And bit was enacted anno .xv. E. iii the iii. chapter and confyrmed the .ij. yere of R. the ij the .ij chapter that vitayle and corne forstalled shulde be forfayted to the kynge and if it be solde the kynge oughte to haue the value thereof and if the offendour haue nat where with to paye he shall be commytted to prison there to remayn the space of .ii. yere or longer at the kynges pleasure without lettynge to baylle or otherwyse to be delyuered And if the forstaller be atteynted at the sute of the partye than the partye shall haue the halfe of the thyng that is forstalled and forfayted and the kynge the other halfe It was also enacted by statute of the staple anno .xxvij. E. iii.ca.xi that no man shulde go by water nor lande to forstall wynes nor other marchandises before they come to the staple or other porte where they shulde be discharged nor entre within the shyppes
for that entente before the marchandise were layde on lande on peyne of their lyfe and forfayt of theyr landes to the lorde But the peine of lyfe and forfayture of landes and tenementes was repelled anno .xxxvij. eiusdem regis ca. xvi ¶ Of regratours and regratynge ⧠And by cause I spake of regratours wytteth well that a regratour is he that byeth corne or vytayle brought to the market at his owne price and selleth it agayne derer in the market in hurt of the kynges people whiche thynge so regrated is forfayted and if it be solde the value therof is forfaited c. Nowe bicause it so cometh to passe I wyll speake somewhat of vitayle vitaylours ¶ Of vitayle and vitayllours IT was defended by the statute of yorke anno .xii. Ed. ii that no mynister in cyte or borowe whiche by reason of his office ought to se the cyse of wyne and vytayle kepte shulde beynge in offyce / marchaunte wynes or vytayles in grosse or at retayle on peyne to forfayte the same But oure mooste gracious souerayne kyng Henry the .viii. the .iii. yere of his mooste nobull reygne in his perlyament bolden at westmystre the .iiii. daye of Fabruary / hath repelled the same statute enacted by authorite of the same parlyament for many hygh considerations that whan any vytayler is chosen to beare office in any citie towne or borowe corporate whiche for the tyme beinge in office shuld haue the assisynge correction for vitayle that than .ij. discrete boneste men of the same cite towne or borowe corporate neither of both beyng a vitayler shal be chosen by the cōmynaltie lyke wyse as the sayd officer is whiche .ij. or one the other beynge absent with the sayd officer shall set the cyse prices of vitayles for the tyme the sayde vitayler shall abyde in his sayde office And after the prices and cyses so sette it is lefull for the sayde officers to marchant and sell wynes and all other vytayles in grosse or at retayle withoute any forfaytinge Also bit was enacted the .xxiij. yere of Edwarde the thyrd the syxte chapter that bouchers fyss he mongers inholders brewers bakers poulters all other syllers of what so euer vitayles shulde sylle for reasonable price respecte had to the farre or nere cariage of the same vitayles and he that dothe otherwyse and is conuicte therof shal pay the double that he receiued to the parti damaged or in his defaut to who that wil sue in this behalf And the mayres and baillyes of cities townes borowghes portis and other places haue power to enquere of the premisses and to leuie the foresayde penaltie to their vse at whose sute the transgressours were conuicte And in case the mayres and baylyffes be conuicte before the kynges Justyces as negligente in executynge of the premysses they shal be compelled by the same iustices to pay thries the worth of the thing solde to hym that is dammaged or els in his defaute to an other that sueth And yet farther they shall be punysshed at the kynges pleasure It was also enacted anno xxxi E. iij.ca.x that who that bryngeth vitayles to London either oy lande or water maye frely sylle the same to whom be wylle without distourbance of fysshemonger boucher pulter or other And that the mayre and aldermen shuld redresse the defautes of fysshmongers bouchers and pulters lyke wy se as of them that sylle palled wyne or ale nat withstandynge chartre of libertie customes or other pryuileges made or vsed to the contrarye on peyne of M. marke for the fyrste defaute for the seconde .ij. M. and for the thyrde defaute to lose theyr franchise It was enacted anno .vi. R. ii.cap.ix that vitaylcrs in no cite nor towne through Englande sbulde occupie the office of a iudge / except for lacke of other sufficiente and than while be is in that office of a iuge be nor none of his shall sylle no vitayles on peyne of forfayture therof And the .vii. yere of the sayd kyng R. ca.xi the statutes made the .v. and .vi. yere of his reygne touchynge fysshemongers / vinteners and other vitaylers of London are repelled It was also enacted anno .xiii. R. ii.ca.viii that Iustices of the peace in euery shere at theyr cessyons holden betwene Ester and Wichaelmas shall do proclayme by theyr discretions accordynge to the derthe of vitayles what a mason a carpenter a tyler and also laborers / as well in Auguste as other tymes of the yere shall take by the daye with and withoute meate and drynke And that cuerye parsone obeye this proclamation And vitaylers to haue reasonable gayne after the discretion of the sayde Iustices of peace It is also straytely defended anno .vii. R. ca.xv that no person alien denizin nor other cary vytayles nor do to be conueyed in to any parties of Scotlande out of Englande by lande or see on peyne to forfayte the same vitayles or other thynges of reliefe with the shyppes / vessels cartes or borses that carye them excepte the kynge gyue speciall lycence to the contrarie And be that spieth this to haue the thirde parte of the forfayte But Berwycke is excepted oute of this statute by acte made anno .xv. R. ca.vii It is enacted anno i. H. iiii.ca.xvii that the statute made anno .vi. R. ii howe foreyns and alyens nat beinge the kynges ennemies bringynge fisshe or any other vitayles to any cyte or towne within Englande franchesed or nat franchesed / myghte frelye sylle the same by great or at retayle at theyr pleasure / withoute any let or gayne sayenge shuld be duelye obserued and put in execution And also agayne anno xiiii.h.vi.ca.vi the same is confyrmed and there vnto added / that if any distourbe foreyne or alyen to sylle theyr fyssbe contrarye to these ordinances and therof is duely atteynted at the kynges or at the parties sute be shall forfayte xl li And be that wyll sue for the kynge / or for him selfe shal haue the one halfe the king the other ¶ Of weyghtes and measures IT is ordeined / anno .li. H. iii that an englissh sterling peny roūde without clipinge shall wey .xxxii. wheate cornes drye taken out in the myddes of the eare And xx.d make an vnce and .xii. vnces make a li. and viii.li make a gallon of wyne and .viii. galons of wyne wake a London busshelle whiche is the .viii. parte of a quarter And the same yere hit was ordeyned that the standerdes bussbels galōs and yerdes shulde be sealed with the kynges yron scale / and safelye kepte on peyne of an C.li. And that no measure be made in a towne excepte bit agree with the measure of our souerayne lorde the kynge and sealedde with the common seale of the towneshyppe And if any man bye or syll by measures not sealed and examined by the meyre or bailyffes be shall be greuouslye amerced And by the statute made the .xi. yere of Henry the .vii. the .iiii. chap. all weyghtes
and caste before the fyrst daye of Nouembre and that the same erthe be styred and turned before the fyrste daye of Februarye than nexte ensuyng and nat wrought before the fyrst day of Marche nexte folowyng and that therth be well tryed er bit be wrought And euery playne tyle conteyneth .x. ynches and an balfe in lengthe and .vi. and a quarter in breade and .iij. quarters of an ynche in thyckenes And euerye roffe or crest tyle to conteyne in length .xiii. ynches and .iii. quarters of an ynche in thyckenes with conuenient depenes And euerye gutter or couerte tyle to conteyne in length .x. ynches and a halfe And who that sylleth any tyle nat accordynge to this ordynaunce shall forfayt to the byer the double value and make fyne and ransome to the kyng and be that wyll sue shall haue suche proces as is vsed in action of dette at the cōmon lawe in whiche action protection nor essoen lyeth nat And Iustyces of the peace haue power to enquere hereof And by due infourmation to cesse for euerye M. playne tyle sette to sale contrary to this ordynāce v.s. and for euery C. roffe tyle vi.s.viii.d and for euery C. corner or gutter tyle ii.s And the .ii. serchours of tyles maye presente the defautes before Iustices of peace and that presentement is as stronge as of .xij. men It is ordeyned that .iii. barlye cornes drye and rounde make an ynche and .xii. ynches make a fote and .iii. fote make a yerde and .v. yerdes and a balfe make a perche and .xl. perches in lengthe and .iiii. in breade make an acre Hit appereth in the treatise De compositione pond that thirtye formels make a carre of leade and syxe stone saue .ii. pounde make a formell and .xii. pounde make a stone and xxv.s in weyghte maketh one pounde Some saye that .xii. weyes after Troy weyght make a carre of leade The weye as well of leade as of flacce salte oynions and chese shall wey .xiiii. stone and .ii weyes of wolle make a sacke and .x. sackes make a laste And it was enacted the .xiiii. yere of E. the third the thyrde chapter and anno .xi. H. vii the fourth chapter that the sacke of woulle shulde wey .xxvi. stone and euery stone fourtene pounde And bit was defended the .xiii. yere of R. the seconde the .ix. chaptre that no marchant nor other shulde bye woull by those wordes good packyng The laste of hearrynge conteyneth .x. thousande / and euery thousande .x. bundred and euery hundred syxe tymes .xx. XX. dickers make a last of leather and .x. hydes make a dycker And .x. peyre of gloues make a dicker And .x. borse showes make a dycker But .xii. peyre of gloues make a dosen and .xij. skyns of parchement make a dosen Also the hundred of waxe fysshe almons and alome conteyneth .xii. stone and a balfe and euery stone .viii. pounde and the bundred is fyue tymes xx and the poūde xxv.s And wytteth that xx.s weyghte of pence maketh a pounde in confections of spices as in weyeng of lectuaries but the poūd of all other thynges shall wey xxv.s Also in lectuarie confections the pounde conteineth .xii. vnces and the vnce of this weight peyseth xx.d The hundred of bourde canuas and lynnen clothe conteyneth an hundred elles and bourde and euery hundred conteyneth .vi. tymes .xx. But the hundred of yron conteyneth .v. tymes .xx. and the dosen conteyneth .vi. peces The Garbe of stele conteyneth .xxx. stone The Seem of glasse is .xxiiii. stone and euerye stone fyue pounde and so the Seem conteynethe syxe tymes .xx. pounde X. stickes make a bynde of yeles .xxv. yeles make a stycke Thre and thyrty felle make a bynde The tymber of Cony skyns and gryffons is .xl. The Shefe of fustayne is .xiii. yardes The Shefe of sandell is .x. yardes ¶ Howe moche vessels of wyne / oyle hony yeles salmon hearringe shall bolde and conteyne THe second yere of Henri the syxte the .xi. chaptre it was ordeyned that the tounne of wyne shulde conteyne .xii. tymes .xx. and .xii. gallons the pype syxe tymes .xx. and syxe gallons the tertian and hoggeshed of Gascoyne wyne after the same rate on peyne to forfayte the same wyne to the kinge And the .xviii. yere of the sayde kynges rayne cap .xvii. bit was ordeyned / that tounnes pypes tertians and boggesheedes of wyne oyle and honye / shulde conteyne the tounne .xii. tymes .xx. and .xii. gallons the pype .vi. tymes .xx. and syxe gallons the tertian .iiii. tymes .xx. and .iiii. gallons the boggesheed .iij. tymes .xx. .iij. gallone And that neyther tounne pype tertian nor boggesbeed of wyne oyle nor bonye be solde before they be gauged on peyne to forfayt the wine oyleor honye so solde or the value therof And what countrey man so euer he be that syllethe tounne pype tertian or boggesbeed of wyne oyle or bonye to any of the kynges subiectes for a certayne price and lacketh of the measure be shall rebate so moch to the byer as the lackynge a monteth toon pyne to sforfaite to the king the value of all the wyne oyle or bony solde to the contrary nat with standyng any priuey couenaunt or contracte made or to be made betwene the byer and the syller The same is enacted / anno .i. R. iii.cap.xiii And farther defended that no person brynge in to this realme any Butte of maluesey to be solde excepte it conteyne .vi. tymes .xx. and .vi. galons Euerye barell to conteyne .xxxi. gallons and .di. And the rounlet .xviii. gallons and a halfe And anno .iiii. R. ii.cap.i bit is enacted that all wynes oyle bonye vinegre and all licours shuld be gauged on peyne of forfaiture It was ordeyned anno .xxii. E. iiii.ca.ii that no strange marchant denizin nor other shulde sylle nor put to sale any butte of salmon except it conteined .lxxx. and .iiii. galons the barell .xlii. galons the balfe barell .xxi. galons well and truelye packed on peyne to forfayte for euery butte barel and halfe barell lackinge of the sayde measure vi.s.viii.d And that no marchaunte beynge vnder the kynges obeysance shulde put to sale any vessell of salmon excepte bit were well and truelye packed the great salmon by bit selfe withoute medlyng of grylles or broken bealed salmon there with And that al grilles shuld be packed by them selfe alone on peyne to forfayte for euery butte barel halfe barell vi.s.viii.d And that no personé put hearrynge to sale by barell balfe barell or fyrkyn excepte the barell conteyne .xxxij. galons the halfe barell fyrkyn after the same rate / on peyne to forfayte and lose for euery barel halfe barel firkin lackynge of the sayd measure iii.s.iiii.d And that the same bearryng shulde be well truely packed of one tyme takynge and saltynge And that it be as well packed in the myddes as at the endes on peyne to forfayte for euery barell halfe barell and fyrkin sorted couched and packed contrary to this acte iii.s.iiii.d And that no
marchant nor palyngman sylle nor put to sale yeles by barell / halfe barell / or fyrkyn excepte the barell conteyne .xlij. gallons and the halfe barell and fyrkin after the same rate on peyne to forfayte for euery barell halfe barell and fyrkyn so fautynge of theyr sayd measure x.s. Nor to medell the galbytten storuen pylled nor red yeles with the good yeles But the good to be well and iustely packed and solde by them selfe on peyne to forfayte for euery barell halfe barell fyrkin mingled packed and put to sale contrary to this acte x.s And that meyres baillyffes and other gouernours of cytes townes borowghes and other places haue power to chose discrete and experte persons to serche gauge all suche vessels The same acte and euery thynge therein comprised is confyrmed and ratified the .xi. yere of henry the vii.cap.xxiiii ¶ Of purueyours IT is ordeyned among other thynges conteynedde in Magna Larts the xix.chap that no constable of castell nor his bailye shal take any mans corn or other cataile that dwel nat in the towne where the castell standeth excepte be paye forth with or may haue respyte with good wylle of the syller And if they dwelle within the sayde towne to paye within fortye dayes And bit is ordeyned the .xxi. chaptre folowinge that no lordes carte of any person of holy church of knygbte or lady shall be taken by the kynges baylies Nor no chiefe bayllye nor other to take any mans borses or cartes to make caryage excepte he yelde the lyberation of olde ordeyned that is for .ii. borses and a carte .x. pens a day for .iii. horses and a carte .xiiii. pens a daye It was defended w.i.ca.i that none shuld take vitayle or carte agaynste the owners wylle if any dyd to yelde double damages And if the partye wolde nat / the kynge shulde haue the sute and the indited shal be attached and distrayned by grande distres that conteyneth one monethes space in the kynges courte swhere hym pleaseth And if they come nat at the day they shall be distrayned by other distresse conteynynge syxe weekes space and than if they come nat to be atteynted and yelde double dammages to the damaged / at the kynges sute and make fyne with the kyng It is prouided w. i.ca.xxxi if any take vitayle or other thynges to the kynges vse for garryson or castell and after they haue receyued paymente at the eschcker warde robe / or other place wyl nat pay the creditours but to theyr great damage and sklandre of the kynge withholde their duetie / that than forthe with the duetie shall be leuied on their landes and goodes if they haue anye and paye there with the credytours with damages / that they had therby and to be rayned for the trespas If they haue no landes nor tenementes to remayne in prison at the kynges pleasure And bit is also prouyded if any take parte of the dettes or any other lowaunce of the kynges credytours for paymente of the same dettes / they shall yelde the double and be greuouslye punysshed at the kynges pleasure Also it is prouyded if any being of the court take moo horses or cartes for the kynges caryage than nedeth and taketh lowance to let them go agayn be shall be greuouslye chastysed by the marshals And if it be done oute of the courte by any of the courte or other / be shal yelde treble damages and haue .xl. dayes prisonment It is ordeyned anno .iiii. E. iii.cap.iii that no pouruey our shulde make price of any thynge nor take corne but by common measure stryken nor take any thynge but accordynge to the very value sette by the constables or other good folkes and paye or the kynge departe the verge And none to haue pourueyours but the kynge the quene and theyr children Nor the kynges pourueyours to take nothynge excepte they shewe theyr warantye vnder the kynges greatte seale And if any take oughte without warantie and caryeth hit awaye agaynst his wyll that oweth the sayde goodes to be forthe with arested by the village where hit is and commytted to the nexte geale And if he be atteynted and the quantite of the thynge demaunde to suffre as a felon It was enacted anno .v. E. iii.ca.ii that constables and .iiii. honeste menne of the village therto sworne shulde set the price of that that is purueyed for the kynges house the quenes and their childrens And that in the presence of the constables and praysours tayles be made betwene the pourueyours and the owners of the thynges taken and sealed with the pourueyours seales by whiche tayles gree shal be made with them of whom the pourueyunce was taken And if any taker or purueyour for the foresayde houses do otherwyse to be forthe with arrested by the village where hit is and commytted to the nexte geale And if he be atteynted therof and the quantite of the thyng require to suffre as a felon And from henseforthe the fourme and peyne conteyned in this estatute to be conteyned in the commissyons of suche takers and purueyours whether they be vnder the kynges smalle seale or great seale It was prouided anno .xiiii. E. iii.cap.xviii that pourueyours shulde take nothynge without the syllers agree therto And marchauntes and other houest men to be deputed by the treasorer to make purueance for the kynges warres and for castelles and townes in Scotlande Englande and other places And commissions to be sent to the shereffe to make purueyance of the issues of his bailiwyke for the kinges horses wher they lye at liuere And if there be any moo founde but a boye for euerye horse and an backeney for the keper they shuld be put in prison there to remayne at the kynges pleasure And to pay or they departe the verge And lykewyse the shereffes to be commanded to make purueyaunce for the kynges dogges of the issues of theyr baillywekes where they dwelle / that the countrey be nat charged with them If any in this case be greued he shall haue his recouerye agaynst the shereffe It was enacted anno .xiiii. E. iii.ca.i And anno xviii E. iii.ca.iiii.ê“ clero that goodes and fees of boly church shuld be forprised out of purueyours commissions in what place so euer they be founde It was enacted anno .xxv. E. iii.ca.i that pourueyours commyssyons shulde nat be obeyed excepte they were vnder the kynges greatte seale or smalle seale and conteyne the peyne of the same statute as is before sayde anno .v. E. iii And the same yere ca.vi hit was ordeyned that no pourueyour that purueyeth wodde and tymber for the kynges busynes shulde cutte downe the trees that grewe in or about any mans house on peyne to pay treble damages to the partie greued a yere imprisonment and to forgo his office The same yere the .xv. chaptre it was ordeyned that no pourueyour shulde take mo shepe before the sherynge tyme but as wyll reasonably suffice tyll sherynge tyme and after sherynge tyme to
take none but shorne as many as shall suffyce for the tyme to come And he that dothe otherwyse and is therof atteynted at the kynges or the parties sute to be done with as a thefe or a robber And this peyne to be conteyned in euery cōmission of suche pourueyours It is ordeyned the .xxviii. yere of the same kyng E. ca.xii that purueyours shulde paye forth with for purueyance taken vnder the some of xx.s and for purueyances made to the value of xx.s and aboue / to paye within a quarter of a yere after the purueyance made at a certayne daye and place for moste ease and trauayle of the people The acte made anno .xxxiiii. E. iii.ca.iii wylleth that purueyours for pultry and other small thynges shulde paye in hande and for great purueyances within a moneth or .vi. wekes after It is ordeyned anno .xxxvi. E. iii.ca.ii that onely the kynge and the quene shall haue takers and to pay for what vitayles as they take in hāde as the price of the markette is and if they can nat so accorde the purueyance to be rated by the bailiffes constables and .iiii. honest men and that they take in conuenyent wyse and nat more than shall suffyce the .ii. houscholdes And the beynous name of purueiours to be changed and called byers and the same byers to be suffycient to answere to the kynge and the people and none of them to haue a deputie and eche commyssyon to be sealed with the great seale and euery halfe yere restored in to the chancery and newe made conteynynge all the matter and maner of theyr takynges and byenges and no byers saue the kynges and the quenes to be obeyed / nor theyrs withoute they paye as is afore sayde And to take all maner grayne by measure stryken accordynge to the standerde And for caryage therof to pay in hande and to take no mo than shall suffice for the cariage no byer nor taker of caryage to do contrarye on peyne of his lyfe And in the iii.chap folowynge hit is defended that no byer of vitayles nor taker of cariage take no gyfte nor other good tourne to spare any man nor charge nor greue any with suche takynges byenges and caryages through bate enuy or yll wyll on peyne to yelde treble damages and ii yeres emprisonement and farther to be punysshed at the kynges pleasure and after forswere the courte And if the partie wyll nat who so euer wyll sue for the kynge shall haue the thyrde penye recouered for his trauayle And yet neuer the lesse the byer taker shall haue the peyne in the article afore sayde And euery byer to beclare seuerally in his accompte all takynges and byenges of euerye shere towne village and person And it is ordeyned the iiii.chap folowynge that commyssyons shulde be made and sende downe in to euery shere to enquere of the sayd byers and takers demeanour And if hit be euidently proued that they toke more than came to the vse of the .ii. forsaide householdes or paide nat for all that they toke they shall haue iugement of lyfe and membre And this ordynance extendeth as well to the purueiours for the great borses of both the forsaid householdes as to the forsayde byers and takers And it is defended on lyke peyne the v.chap folowynge that none of the kynges or the quenes house of what astate so euer he be shall haue a purueyour nor take no thynge but with the good wyll of the syller / and paye therfore forthe with And hunters faukeners and scriantes of armes and other officers perteynynge to the sayde householdes to haue lyke peyne if they offende It is ordenyed anno .i. R. n.ca.iii that prelates and clerkes greued by purueyours shall recouer treble damage by action of trespas It is defended the .xx. yere of R. the ii.ca.v that none take horse or beaste of any mans withoute be haue sufficient authorite of the kynge if any do to be taken and layde in prison there to remayne tyll he haue agreed with the partye It is ordeyned anno .i. H. vi.ca.ii that all statutes and ordinances made for purueiours and nat repelled shulde be kepte and executed in all poyntes and euery sheriffe of the realme of Englande to cause them .iiii. tymes in the yere to be proclaymed through his bayllyewyke on peyne to paye a. C.s. to the kynge for euery tyme that he fauteth And the commaundement from the kynge to hym sent to delyuer to his successoure by endenture betwene them made who shall on lyke peyne make lyke proclamation And also where it was enacted anno .ii. H. iii.ca.xiiii that no purueyour on peyne to lose his offyce paye as moche to the partie greued shuld take any purueyance for the kynges house to the value of xl.s and within excepte he payde forth with it is ordeyned anno .ii. H. vi.ca.viii that if any purueyour byer or taker dyd other wyse it shuld be lefull for any the kynges subiectes to resyst them in no wyse suffre them to make suche purueyances the coustables / tythyngman chefe pledge of villages to be assistyng to the possessour or syller of suche thynges if they be requyred therto on peyne to yelde the value of the thynges taken to the partie greued And that no officer of the kynges on peyne to lose xx.li halfe to the kynge and halfe to hym that wyll sue cause to arrest vexe or emplede any of the kynges subiectes in any of the kynges courtes for suche reteininges And Iustices of peace in euery shere haue power to enquere here and determyne any thynge done agaynst this acte as well at the kynges sute as others and do due punishement and execution and awarde damages ges to the partye playntife if the defendaunt be duely conuicte and the defendant shall answere withoute ayde of the kynge And in sucbe actions proces to be made as in wrytte of trespas agaynst the peace And this ordynance to be expressed in pourueyours commyssyons And this ordynance amonge other statutes of pourueyours byers takers to be sente downe in to euerye sbere of Englande / to be proclaymed by the sheresses It is ordeined anno .xxiii. H. vi.ca.ii that the acte touchynge pourueyours made anno .xxxvi. E. iii sbulde be duely kepte and put in execution and ouer that that euery purueyour and byer before they had theyr commyffyons shulde be sworne in the Chancerye to take nothynge contrarye to the ordynances made the forsayde yere And farther bit is ordeyned bycause the poure people be nat able nor darre nat resist nor sue at the lawe the sayd purueyours and byers that the prisours the village and all the villages adioynyng / shall do their deuoirs to resiste the byers and purueyours that do contrarye to the statutes and in all that they may to execute the forsayde statutes agaynste the purueyours if they be required And be that is greued may chose whether be wyll take an action of dette against the preysours the
village or vyllages and either of them that do nat theyr deuoir whan they are required to resiste in fourme afore sayde the purueiours or byers or els agaynst the sayde purueyours and byers and either of them to recouer the value of his goodes so taken and ouer that his costes damages treble Nor that no purueyour nor other offycer of the kynges in no maner wyse trouble nor vexe in any of the kynges courtes any of the kynges subiectes for executyng of the forsay de ordynances / on peyne to paye xx.li. to the partie greued aboue his costes and damages susteyned in that behalfe And that here vpon he shall haue a wryt of dette And euery issue triable in this actiō shal be tried in the shyre / wher the goodes were taken And the sergeant of the Thatery shal satisfy all damages dettes and executions / recouered agaynst any purueyour or byer vnder hym in case the puruey our or byer be nat sufficiente And in this case the partie plaintyfe shall haue Scire fac to haue execution agaynste the sayde sergante And these ordynaunces and statutes to be sente to Iustices of peace in to euery shire to be proclaimed euery yere and the people enfourmed And it is defended the xiiii.chap folowynge that no bier or other officer of any lorde or other estate excepte the kynges and the quenes presume to take vitayle corne baye cariage or any other thynge of any of the kynges subiectes agaynst their wylles if they do to be arrested by the maire shireffe bayly constable or other officer of the place where it is and put in prison there to remayne withoute baylle or maynprise / tylle the tyme they haue yelded agayne all the sayde vitayles cariages and other thynges taken or the value therof And if the sayde mayre shireffes bayllyes constables and other officers before named do the contrarye that than they shall forfayte .xx. si the one halfe to the kyng and the other halfe to the party of whom suche thynges were taken if he wyll sue for hit by action of dette in whiche sute the defendant shal nat wage his lawe But in case the party wyll nat sue than who that wyll sue for the kynge and hym selfe shal haue the one halfe of that that is recouered And if the defendant be duelye conuicte he shal yelde the treble value of that that is taken to the partie that sueth with double costis and to make fyne and ransome to the kynge And in all suche actions and sutes there shall no protection for the defendant be allowed It is also ordeyned the .xxviii. yere of Henry the syxte the seconde chaptre that all letters patentes or grauntes that are made or to be made vnto any persone or persones holdyng bostries brewhouse or house of retayle of vitayles to be purueyours for terme of their lyues shulde be voyde and of no value or effecte And that no persone or persones shulde take horse or carte excepte he agree with the owner therof and be to hym delyuered by the mayre shireffe baillysse or constable where as suche takynges is And that he or they that fynde hym or them selfe grened contrarye to this ordynance shall recouer treble damages by action of trespas at the common lawe The kynges prerogatyue and prehemynence of and in the prentysses alwaye saued London in edibus Tho. Bertheleti Cum priuilegio ¶ Of the statute of wynchester and dyuers other statutes concernynge the same FOr to auoyde robbynges / theftes murthers and manslaughters hit was ordeyned by the statute of wynchestre the fyrste chaptre and in more ample wyse the .xxviii. yere of E. the .iii. the .xi. chaptre that crie shulde be made in all sheres bundredes markettes fayres and all other places where solemne assemblynge of people shulde be to the ende that none shulde excuse hym through ignoraunce that euery countreye from benseforthe shulde in suche wyse be kepte that forth with after robberies and felonyes were done fress he sute shulde be made / from towne to towne and from coūtre to countre And also if nede be enquestes to be taken in townes / by the souerayne of the towne and after in hundredes frauncheses / and in shires and other whyle in ii.iii or .iiii. sheres in case whan felonies are commytted and done in the marches of the sheres so that the mysdoers maye be atteynted And if the counntreys answere nat the bodyes of such mysdoers the peyne shal be suche that eche countre that is to wytte the people dwellynge in the countre shall answere for the robberies hurtes done so that al the hundred where suche robberye shall be done with the frauncheses that be within the precincte of the same hundredes shall answere for the robberie done And if the robbery be done betwene .ii. bundredes bothe the hundredes to gether with the francheses that be withinne the precincte of the sayd hundredes shall answere therfore And the countrey after the robberye and felonye done shall haue no longer tyme than .xl. dayes within the whiche space it behoueth them to agree for the robbery and mysdedes done orels they must answere the bodyes of the mysdoers And for the more suertie of the countre it is ordeyned the thyrde chaptre folowynge that the gates of great walled townes shulde be shut from sonne goynge downe to sonne rysynge And that no man in suburbe or foreyne parte of the towne lodge but from noone tylle the nexte daye excepte the ooste wyll answere for hym And the baillyes of townes shall euery weke or at the leaste euery .xv. dayes enquere of suche persons herbouring in suburbes and foreyne boroughes and if they fynde any herborers that receyue straungers in other maner or suspecious persones or and if they fynde suche as herbourc folkes agaynste the peace the bayllyes shall punyss be them And hit is commaunded by the kynge / that in townes from benseforthe watches shulde be kepte as they were accustomed of olde tyme that is to saye from the Ascention day tyll Michaelmas in euery cite .vi. men at eucrye gate in euery borough .xii. men in euery vyllage entier .vi. men or .iiii. or lesse as the nombre of the inhabitantes requireth and they shall watche the towne continually all the nygbte from sonne goynge downe to sonne rysynge And if any straunger passe forbye them to arrest hym tylle the mornynge and if he be nat founde suspecious to lette hym go quite and if they fynde hym suspecious forthe with to delyuer hym to the sheriffe and the shereffe without damage shall resceyue and safely kepe hym tylle suche tyme that he in due maner shall be delyueredde And if they wyll nat suffre them selfe to be arrested / than to rayse shoute and crye vpon them and the watche men with all the towne and townes nere ioynnynge aboute with shoute and crye to poursue them from towne to towne tylle suche tyme they be taken and delyuered to the shereffe as is before sayde And for the arrestyng of suche