as the parties Our soveraigne Lord the King by authority of this Parliament hath ordeined and stablished that the statutes and ordinances aforesaid shall be firmely kept and holden and straitly executed And moreover for to eschew diverse great mischieves which have happened within the Realme of England by the said auncell and specially for to destroy the falsity of the regratours of yarne called yarne Choppers it is ordeined by our said soveraigne Lord the King by authority aforesaid that in every City Borough and Towne of the Realme of England common balance shall be with common weights sealed and according to the Standerd of the Exchequer upon the common Costs of the said City Burgh or Towne in the keeping of the Maior or Constable of the same to which balance and common weight all the Inhabitants of the same City Burgh or Towne that have not such weights and other that have if they will may freely weigh without any thing paying taking neverthelesse of forreyns for every draught within the weight of xl li. a farthing and for every draught betwixt xl li. and an hundred an halfpeny and for every draught betwixt a hundred pound and a thousand pound a penny at the most whereof the weights shall be maintained and the officers lawfully weighing rewarded by the discretion of the chiefe of the City Burgh or Towne according to his attendance to the said occupation be it more or lesse And that no man buy yarne of wooll called wollen yarne unlesse he will make cloth thereof nor use weight nor measure nor other thing in the place of weight or measure that is not sealed according to the said Standerd nor set any thing to the same by the way of taking or hiding or in any other manner that may encrease the measure or weight or let the balance to have his naturall course upon the forfeiture and paine aforesaid and that the Iustices of peace Maiors Bailiffes and Stewards of Franchises have power by authority aforesaid to examine the Trespassours in this case and for to enquire in especiall of offendors against this ordinance and to doe execution against them that be found defective by enquests or by examination to be made by the said Iudges or officers in this case in the manner as afore is said And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever And that every City upon paine of x. li every Burghe upon paine of C.s. and every Towne where a Constable is upon paine of xl.s. have a common balance with weights according to the said Standerd within two moneths after Proclamation made of this ordinance which paine shall be levyed to the use of our soveraigne Lord the King as often as they shall be defective after the said Proclamation 14. There is another statute made in Ireland in anno 12. El. ca. 3. concerning measures of Corne whereby it was enacted that two measures of brasse should be made at the Queenes cost one for wheat Rye Maslen Beanes and Peese and another for Malt Oates and Barley which shall bee the Standerds for the Shires of the City of Dublin the county of Dublin Kildare Catherlagh Wexford Meath the Towne of Drogheda Westmeath Louth Kings County and Queenes County within this Realme and that the same being marked with the Crowne and letters of her majesties name should remaine and be as her highnesse Standerds for the Shires aforesaid in her Majesties Exchequer of this Realme in the custody of the Lord Treasurer of this Realme or of the under Treasurer for the time being and that unto the Knights Citizens and Burgesses of every the Shires Cities and Townes before named assembled in the same Parliament and to certaine Burgesses of the Borough Townes in the same Shires should be delivered one measure of every such measures which her Majestie should cause to be made according to the tenor of the said Act for the common wealth of her highnesse subjects within this Realme of Ireland according to her Majesties Standerd of her Exchequer in this Realme by Indenture thereof to be made betweene the Lord Treasurer of this Realme or the under Treasurer for the time being at the cost and charges of the said Shire City Towne or Borough and that the said Knights Citizens and Burgesses to whom the said measure shall be delivered as is aforesaid shall surely and safely convey or cause the same to be conveyed by the said Citizens to their Cities and by the said Knights or Burgesses unto such Borough or Towne corporate or market Towne within the Shire for which they have beene elected as hereafter shall be appointed in this Act for the good custody of the same measures withall convenient speed and expedition there to remaine for ever in the keeping of the Maior Bailiffe Soveraigne Portriffe or other head officer for the time being of the same City Borough or Towne as her Majesties Standerds of measure and that the Inhabitants of all Cities Boroughes or market Townes within every of the said Shires should with all convenient speed after the same Standerds so delivered as is before prescribed make or cause to be made common measures according to the measures aforesaid to remaine in the said Cities Boroughes and market Townes and every of them and the measures to be viewed examined printed signed and marked by the Mayor Bailiffe Soveraigne Portriffe or other head officer in whose possession the said Standerd shall remaine or by his officer appointed in that behalfe and that every of the aforesaid Maiors Bailiffes Soveraignes Portriffes or head officers having the said measures printed and signed under the signe and print for the same with the letters of her Majesties name Crowned should have authority and power to make signe and print like measures unto every of her Majesties subjects duely requiring the same taking for marking of every bushell two pence lawfull money of Ireland and that no Merchant nor other person or persons within any City or market Towne in any the Shires before specified shall buy sell or receive any graine or corne with any measure except it be marked signed and printed in manner and forme aforesaid nor any other person or persons in any Shires before specified out of the said Cities Boroughes and market Townes except it be like and equall with the Standerd ordained and made for the said Shire precinct or place where any such person shall so sell buy or receive any such graine or corne and that every person aswell without Cities Boroughes and market Townes as within in every of the Shires above specified shall buy sell and receive and deliver with a bushell sealed signed and marked after the forme aforesaid and no otherwise upon forfeiture of the graine and corne so sold bought received and delivered halfe to the Queenes Majestie her heires and successors and the other halfe to the party grieved and that will sue for the same by Action of debt after the course of the
arraigned and condemned for Burglary before Sir Iames Altham Knight for robbing a Backhouse of Robert Castle Esquire in the night Dalton pag. 293. which Backhouse was some eight or nine yards distant from his dwelling house and only a pale reaching betweene them so that though this offence be not committed in the very body of the dwelling house but in some other house neere unto it and being parcell of or belonging to the dwelling house it is Burglary 17. But a Booth or Tent in a Faire or market are not esteemed in Law for dwelling houses Co. 11. 37. nor the breaking thereof in the night time to be Burglary although the robbing of them bee made as penall as Burglarie if the owner his wife children or servants were within the same 18. Lastly 23. Ass 95. Stamf. 126. Co. 11. 31. to make it Burglary the purpose and intent for which the offend our commeth must of necessity be to kill or rob some person or to commit some other felony otherwise it is neither burglary nor felonie 13. H. 7. 4. F. Coro 267. And therefore to breake a house in the night to the intent to kill any person therein it is Burglary although hee never touch him So it is if the purpose were to rob F Cor. 185. 264. although the offendor taketh away nothing 19. Stamf. 30. co 11. 31. But if a man breake and enter an house by night of purpose onely to beat a man that is but trespasse 20. And if the intent were to commit a Rape it is Burglary for Rape by the Common Law was felony Stamf. 21. c. 22 23. although some doubt have beene made thereof for it appeareth by Maister Bracton Glanvill and Stamford that by the ancient Common Law it was felony the words of Maister Bracton lib. 2. are thus Olim quidem corruptores virginitatis castitatis suspendebantur c. modernis tamen temporibus aliter observatur qui pro corruptione virginis amittuntur membra c. And a litle after Adelstanus raptus mulierum nè fiat defendit tam lex humana quam divina Et sic fuit antiquitus observatum quod si quis obviaverit solam cum pace dimittat eam c. Si autem contra voluntatem suam c. jactat eam ad terram forisfacit gratiam suam c. Felony Quod si concubucrit cum ea de vita membris suis incurrat damnum c. And with this Maister Glanvill also agreeth fol. 112. Also amongst the lawes of Saint Edmond sometimes King of England you shall find this law Qui cum Nunna vel sanctimoniali fornicetur emendetur sicut homicida à multo fortiori then saith Maister Stamford shall he be punished if he had ravished her So as Rape at the first saith Stamford West 2. 34. P. Rapo 1. was grievously punished untill the time of King Edward the first who seemed to mitigate the paine thereof by the statute of West 1. ca. 13. which gave two yeares imprisonment and fyne but spying the mischiefes ensuing upon the said law at his next Parliament holden at West called West 2. ca. 34. he made the offence of Rape to be felony againe Br. Coron 204. 21. Note also by Britton f. 17. Cromp. 33. See Plo. 19. 2. it is not Burglary in an Infant under 14. yeares of age nor in poore persons that upon hunger shall enter a house for victuall under the value of 12.d Nor in naturall fooles or other persons that bee Non compos mentis but the case of poore entring for victuall at this day may as I conceive admit this difference that is where a poore body that is ready to starve with hunger breaketh into a house and taketh no more than to satisfie his present hunger for the safegard of his life this is neither Burglary nor Felony for all Lawes as well the Lawes of God as of men in many cases are dispenced withall by unevitable necessity as appeareth in Maister Plowdens Commentaries fo 19. but if he that so entreth taketh away more than might suffice to satisfie his hunger for that time I conceive that he is guilty of Burglary Other Felonies by the Common Law as Burning houses c. CHAP. 17. 21. H. 7. 1. Co. 4. 10. 1. BUrning of a Barne which is adjoyning or neere to a dwelling house in the night feloniously is felony by the Common Law 2. So is it to burne a Barne in the day time having Corne in it though it adjoyne not to the dwelling house 3. H. 7. 10. 1. Co. â—1 â—9 Stamf. 36. 3. Burning of any dwelling house or other house parcell thereof willingly and feloniously done is felony by the Common Law whether it be done by night or by day 4. Burning of any other house or of a stack of Corne feloniously Stamf. 36. seemeth also to be felony by the Common Law for the words of the statute of West 1. ca. 15. which statute seemeth to be but a rehersall of the Common Law Br. Mainp 78. ordaineth that such as bee taken for burning generally feloniously done be not bailed and of that opinion seemeth Maister Britton 13. H 8. ca. 1. in Ireland who wrote presently after the making of the same statute to be Britton fol. 16. See Stat. Winchester 13. Ed. 1. ca. 1. 18. Ed. 1. ca. 17. but all these cases by a statute in Ireland are Treason 5. If an Indictor or Iuror in case of Treason or felony shall discover the Kings Councell and his fellowes it hath been adjudged felony in times past but as the Law is now taken it is a misdemeanor onely Rescoâ—â— 1. H 7. 6. Br. Coron 127 130. Stamf 31. b. Eâ—cape 9 H â— Dalton pag. 24â— Breaking of prâ—son Stamf. 30. 31. See the stat 1. Ed. 2. P. â—rison 5. 6. Rescuing or taking away from an officer any offendour who is attainted imprisoned or but arrested for felony is felony as well in him that made the Rescous as in him that is rescued 7. Also when a man hath arrested another for felony and after letteth him goe at liberty this is a wilfull escape and shall be adjudged felony in him that did so let him escape And in case of Treason such escape is Treason per Stamf. fo 32. 1. H. 6. 6. 8. Breaking of prison before the statute de frangentibus prisonam made 1. Edw. 2. was felony by the Common Law for what cause soever he were in prison yea though he had beene imprisoned but for a Trespasse But now that stat hath changed the common Law therein so that now if a man be arrested or taken for a Trespasse and doe make an escape or be rescued by a stranger this is but fineable at this day Robberie CHAP. 18. 1. THeft is the taking away of another mans goods with an intent to steale them against the will or without the knowledge of him whose goods they are and
breake a house in the day time although hee hath a felonious intent yet if he carrieth away nothing this is no felony for there must be an actuall felony done besides the breaking of the house in the day And by the report of Master Dallison these statutes shall be straightly construed in favour of life and according to the bare letter so that if the Robbery be done by day and there be in the house but one servant onely or there be in the house Booth or Tent but a stranger or sojourner onely the fact shall not be adjudged an offence against these statutes to take away the benefit of Clergy 27. If servants imbezell the goods of their deceased master or goe away with their masters goods See antea in the chapter of Larceny ca. 19. Sect. 15. 23. where this shall be felony 18. H. 6. 10. P. Fel 23. P. Capt. 3. 28. Souldiers entred of record and having taken prest mony or parcell of their wages of their Captaine if they shall not passe the sea or goe with their Captaine or being in the Kings service shall depart without licence Co. 6. 27. it is felony See Co. 6. 27. that this statute of 18. H. 6. 19 is now of litle force but yet the departure of a souldier without licence is felony by the statute 7. H. 7. 1. which statute is yet in force and perpetuall Co. ibid. 1 Ed. 1. 35. â—d â—4 29. To ravish a woman where she doth neither consent before nor after or to ravish any woman with force though she doe consent after it is felony and the offendour shall have no benefit of Clergy 11. Ia. ca. 3. in Ireland Stamf. 22. Cromp. 100. But a woman that is ravished ought presently to levy Huy and Cry or to complaine thereof presently to some credible persons as it seemeth Glanvill 115. See the Stat. de officio Coronatoris 4. E. 1. 30. Britton 45. Stamf. 25. If a woman at the time of the supposed Rape doe conceive with childe by the ravisher this is no Rape for a woman cannot conceive with childe except she doe consent 4. E. 4. 6. Br. Parliament 55. But if a man ravish a woman who consenteth for feare of death or dures yet this is ravishment against her will for that consent ought to bee voluntarie and free 31. All such as are present abetting ayding 11. H. 4. Stamf. 44. or procuring another to commit rape are principall felons 32. It is a good plea in an appeale of rape Stamf. 24. to say that before the ravishment supposed she was his concubine as Maister Bracton saith And yet to ravish an harlot against her will is felony Cromp. 47. for licet meretrix suerit ante certè tunc temporis non fuit cum nequitiae ejus reclamando consentire noluit Bract. lib. 2. 33. Also to take away any Maide 3. H. 7. 2. P. Fel. 16. widdow or wife having lands or goods or being heire apparant to her Ancestor against her will unlawfully is felony and to receive any so taken knowing thereof or to procure and abet the same is felony And shall be all reputed as principals 34. The taking away of a mayde under 16 yeares of age without the consent of her parents or governours 10. Caroli ca. 17. in Ireland or contracting marriage with her or deflowring her is no felony but yet shall be punished with long imprisonment without bayle or with grievous fyne 35. 13. Ass 6. Br. Cor. 77. Stamf. 94. Cromp. 35. Also to take away a mans wife with the goods of her husband whether it be against her will or against her husbands will seemeth to be felony by the stat of West 2. cap. 34. the words thereof are de mulieribus abductis cum bonis virorum suorum habeat rex sectam de bonis sic asportatis 36. But if the wife take her husbands goods F. Cor. 455. Stamf. 27. and so goeth away voluntarily with another man and with those goods or delivereth those goods to another man these two last cases seeme not to bee felony 37. By a statute made in Ireland in the third yeare of the Raigne of King Edward the second cap. 1. 2. 3. Ed. 3. ca. 1. 2. Taking of meat or drinke against the will of the owner is felony 38. Also by a statute made in Ireland in the fifteenth yeare of the raigne of King Edward the fourth Rot. Parliament cap. 8. the taking of a distresse contrary to the common law that is to say where no distresse lyeth in the case as to distrayne for debt breach of Covenant or such like is felony but to distrayne where a distresse lyeth in the case as for rent service or such like although the taking of the distresse be unlawfull because no rent is arreare yet that is no felony for that distresse is not contrary to the common law 39. Also by a statute made in Ireland in the Eleventh yeare of the raigne of Queene Elizabeth cap. 10. It is felonie in a Searcher to conceale the transporting of wooll and other prohibited merchandises 13. El. ca. 4. in Ireland 40. By another statute made in Ireland in the thirteenth yeare of Queene Elizabeth ca. 4. it is ordained that the shipping loading imbarquing and putting into any ship barque Pickard Boat or any other vessell whatsoever of any prohibited merchandises as Wooll woolfels c. in any port haven harbrow or Creeke within this Realme before entrie made of the same and the customes well and truely paid according the tenor and effect of another statute made in 11. 11. El. ca. 10. in Ireland Eliz. ca. 10. shall be adjudged and deemed felonie in all and every such person and persons their ayders consorts and assistants that will so ship loade imbarque and put the said goods into any Ship Barque Pickard Boate or other vessell before entrie made and the said customes paid as aforesaid and that the same persons their ayders consentours and assistants so to doe shall have the same order of processe inquiry triall judgement forfeiture and execution as in cases of felony is used by the common Law in this Realme and that the Iustices of peace at their Sessions and all and every officer and officers within Cities and incorporated Townes having authoritie to be Iustices of peace or of gaole deliverie within the said Citties and incorporated Townes shall and may lawfully inquire heare and determine all and singular the premisses made felony by the said Act. 41. By a statute made in Ireland in Anno 10. H. 7. ca. 11. It is enacted that if any person take any money or other amends for the death or murder of his kinsman or friend other then the lawes of the kingdome will permit the same 10. H. 7. ca. 11. shall be felony 42. By a statute made in 33. H. 8. ca. 5. It is felony for a servant of the age of 18. 33.
for Labourers Servants at Husbandry and Artificers yearely change aswell sometime by reason of death and scarcenesse of corne and victuall as otherwise so that hard it is to limit in certaine what wages Servants at Husbandry should take by the yeare and other Artificers and Labourers by the day by reason whereof they now aske and take unreasonable wages within the land of Ireland For reformation whereof be it enacted by authority of this present Parliament that the Iustice of peace in every County within this land of Ireland yearely in their Sessions to be holden within one moneth next after the Feast of Easter and one moneth next after the Feast of Saint Michael the Archangell shall make Proclamations by their discretion having respect to such prices as victuals cloth and other necessaries then shall be at how much every Mason Carpenter Sclauter and every other Artificer and Labourer shall take by the day aswell in harvest season as any other time of the yeare with meate and drinke and how much without meate and drinke betwixt both the said Sessions And also at the Sessions to be holden next after the Feast of Easter how much every servant at Husbandry shall take by the yeare following with meate and drinke and that every of them shall obey such Proclamations from time to time as a thing made and established by Act of Parliament for a law in that behalfe upon paine of forfeiture every one of the said Carpenters Sclauters Artificers Labourers and Servants that shall take any thing contrary to the said Proclamation or Proclamations the thing so taken and imprisonment of their bodyes by the discretion of the said Iustices and that Iustices of peace at any Sessions shall enquire heare and determine the same offences and thalffendell of the said forfeiture to be to the Kings highnesse and the other halfe to him or them that shall give information of the same forfeiture and that all and every Act before this time made concerning the limitation of wages for the said Servants Artificers and Labourers be in that point only voide and of none effect within this land and this Act to endure till the next Parliament within this land to be holden 11. Eliz. ca. 5. in Ireland 26. Which statute by another Act of Parliament made in Ireland in Anno 11. Eliz. cap. 5. is made perpetuall 27. And having now set forth the statutes concerning Labourers Artificers and Servants it will be necessary for the better information of the Iustices of peace to make some exposition of the said statute of 23. Ed. 3. which is the ground of all the rest which I shall briefely doe in these eight particulars following 1. First what the common Law was concerning Labourers Artificers and Servants before the said statute 2. Secondly who are compellable to labour by the said statute of 23. Ed. 3. 3. What is a good retainer within that statute and what not 4. What be good causes for a servant to depart from his service within his Terme and what not 5. How and in what manner the master may discharge the servant apprentice or other Artificer of his service 6. Sixtly who may lawfully take a servant out of the service of his master with whom he is retained without the danger of the said statute 7. Seventhly In what cases a man may receive or retaine a servant that is formerly retained by another 8. And lastly who shall in Law be taken to be a servant within the meaning of the said statute of 23. Ed. 3. The common Law before the statutes 28. For the First by the common Law before the said statutes a Iustice of peace by the first Assignavimus of the Commission pro bono regimine might commit to prison all Idle wanderers which were able to worke and would not which had no meanes or livelyhood of their owne to remaine in prison untill they should finde surety either to betake themselves to some honest labour or else to be bound to their good behaviour and this is agreeable to the Law of God as appeares in the second Epistle of Saint Paul to the Thessalonians the third Chapter where Saint Paul giveth a commandement and a precept that if any would not worke he should not eate that is he should not eate the fruite of other mens labours but should worke and eate his owne bread and it is plaine and manifest in the kingdome of Ireland that Idlenesse hath beene the chiefe occasion of many rebellions and yet is a great occasion of the poverty of that kingdome and for the better suppressing of all such Idle living diverse good Lawes and statutes have beene enacted and made in that kingdome as namely in Anno. 25. H. 6. ca. 7. It was enacted that the Sonnes of Husbandmen and Labourers should be Labourers and travellers upon the ground as they were in old time and in all other workes and labours lawfull and honest according to their state and if it fortune that any such sonne of an Husbandman or of a Labourer doe the contrary and thereof be lawfully convicted before any Iudge of the King or Iudge of Franchise that he shall have the imprisonment of one yeare and over that he shall make fyne to the King or to the Lord of the Franchise according to the discretion of the Iudge before whom he is convicted 29. 11. Caroli c. 16. And by another staâ—ute lately made in Ireland in the eleventh yeare of the Kings Majestie that now is It is enacted that if any person or persons that hath no meanes of ability of his owne or sufficient meanes of support from his parents and kindred that shall walke up and downe the Countrey with their Fosterers or kindred and retinue with one or more Greyhound or Greyhounds or otherwise or that shall casher lodge or sesse themselves their followers their horses or their Greyhounds upon the Inhabitants of the Countrey or shall directly or indirectly exact meat drinke or money from them or shall crave any helpes in such sort as the poore people dare not deny the same for feare of some scandalous Rime or song to be made upon them or some worse inconvenience to be done them that it shall bee lawfull for every Iustice of peace of each County within the Realme of Ireland and for the Iustices of Assise in their severall Circuits to apprehend or cause to be apprehended all such person or persons and him or them to bind to their loyaltie and allegeance or allegeances or to the good behaviour as in the discretion of such Iustices shall seeme meete and to commit the said persons to the common gaole of the said County untill he or they shall finde bonds by recognisance as aforesaid with very good sureties which the Iustice of peace shall returne all and every such Bonds or Recognisances so by him to be taken at the next generall Sessions of the peace for the said County where the same shall be taken and all
conteined in the statute of provisors made in 27. Ed. 3. by the same processe comprised in the said statute and by warning to be made to them in their benefices or other their possessions within the Realme 8. After this in anno 12. R. 2. ca. 15. another statute was made to this â—ffâ—â—â— that is to say that no liege man of the King of what estate or conditiâ—n that he be 〈◊〉 over sea great or litle shall passe over the sea nor send out of the Realme of England by license nor without license without speciall license of the King himselfe to provide or purchase for himseâ—fe a benefice of holy Church with cure or without cure in the said Realme and if any doe and by vertue of such provision accept by himselfe or by any other any benefice of the same Realme that from that time the same provisor shall be out of the Kings protection Protection and the same benefice voide Voide so that it shall be lawfull to the patron Patron of the same benefice aswell spirituall as temporall to present Present to the same an able Clarke at his pleasure 9. Moreover in anno 16. R. 2. ca. 5. it is ordeined by Parliament at the prayer of the commons Sue that if any purchase or pursue or cause to be purchased and pursued in the Court of Rome Court of rome or elsewhere any such translations processes and sentences of excommunication bulles Bulles instruments or any other thing which touch the King against him his Crowne and regalitie or his Realme and they which bring within the Realme or them receive or make thereof notification or any other execution within the same Realme or without that they their notaries procurators Procurators mainteinors Mainteinors abettors fautors and Counsellors shall be put out of the Kings protection Protection and their lands and tenements goods and chattels forfeite to the King Forf and that they be attached by their bodyes if they may be found and brought before the King and his Councell there to answere to the cases aforesaid or that proces be made against them by praemunire facias Praemunire facias in manner as it is ordeined in other statutes of provisors and others which doe sue in any other Court in derogation of the regalitie of our soveraigne Lord the King 10. In anno 2. H. 4. ca. 4. it is ordeined that aswell they of the order of Cisteaux as all other religious or Seculars of what estate soever that they be which doe put any of the popes bulles Bulles in execution or from thenceforth doe purchase other such bulles of new or by colour of the same buls purchased doe take advantage in any manner proces shall be made against them and every of them by garnishment of two moneths by writ of praemunire facias Praemunire facias and if they make default or be attainted Forf then they shall incurre the paines and forfeitures conteined in the statute of provisors made in anno 16. R. 2. 11. In anno 7. H. 4. ca. 6. it is ordeined that no person religious nor secular of what estate or condition that he be by colour of any buls conteining priviledges to be discharged of dismes pertaining to parish Churches prebends hospitals or vicariges purchased before the first yeare of King Richard the second or after not executed shall put in execution any such buls so purchased or any such buls to be purchased in time to come and if any such religious Religious or secular person from thenceforth by colour of such buls Disturbe doe trouble any persons of holy Church prebendaries keepers of hospitals or vicars so that they cannot take nor enjoy the dismes due or appertaining to them of their said benefices that then such disturber shall incurre like procâ—sâ—â— and paine Paine as is ordained by the statute made against them of the 〈…〉 of Cisteaux in the second yeare of the Raigne of King Henry the 〈◊〉 32. H 6. ca. 1. in Ireland 12. Anno 32. H. 6. in Ireland it is ordained and established that all the acts ordinances and statutes made against provisors aswell in England as in Ireland be had and kept in force within this land of Ireland and also if any provisor or provisors doe henceforward sue any provision upon any man beneficed in this land of Ireland and because of the provision do enter into any benefice or benefices of the Church and doe take any goods or chattels from any beneficer of the church against whom any such provisions are sued that then the party grieved may recover treble damages and hee that taketh such goods and thereof is convicted shall pay 20. l. the halfe to the King and halfe to him that will sue 13. Anno 7. Ed. 4. it is ordeyned and enacted that whatsoever manner man of holy church purchase any manner of dignity 7. Ed. 4. ca. 1. in Ireland parsonage or vicarage by Buls of the pope to hold in commendum and the said Buls dignities parsonages or vicarages accept that they shall be out of the protection of the King and forfeit the value of the said benefices during his life naturall notwithstanding whatsoever his benefice be dignity or personage or vicarage and shall incurre in all penalties of the estatutes or ordinances made against provisors of benefices and that no pardon or license of the King made or to be made be availeable but voide if it be not by Act of Parliament and if any manner man of the Church occupy now or hereafter doe occupy any personage or vicarage by way of commendum by the Buls Apostolique if it be of his owne collation that he shall make collation thereof within six moneths and if he doe not that then the deane and chapter of the diocesse in which diocesse the benefice is shall make collation of the said benefice within six moneths then next ensueing and if the said Deane and Chapter be negligent and make no collation of the said benefice within six moneths as before is said that then it shall be lawfull to the King to present to the said benefice for that time and as often as the cases require as is aforesaid 14. Anno 10. H. 7. it is enacted and established that all manner of estatutes aswell made within the Realme of England as within this land of Ireland against provisors by the authority of this present Parliament be authorished 10. H 7. ca. 5. in Ireland approved and confirmed and be deemed good and effectuall in the Law and also by the authority aforesaid that all and every of the statutes made against provisors be from henceforth duely and straightly executed in all points within the said land according to the effect of the same and the Kings Iustices and Commissioners of the said land diligently enquire at their Sessions and all other times requisite and behovefull of all and every manner
the yeare saving onely betweene Easter and Ascention day 2. All such strangers or persons suspected as shall in the night time passe by the watchmen appointed thereto by the towne Constable or other officer may bee examined by the said watchmen whence they come and what they be and of their businesse Winch. 13. Ed. 1. ca. 4. 5. Ed. 3. ca. 14. c. and if they finde cause of suspition they shall stay them and if such persons will not obey the arrest of the watchmen the said watchmen shall levie Huy and Cry that the offendors may bee taken or else they may justifie to beat them for that they resist the peace and Iustice of the realme and may also set them in the stockes for the same untill the morning and then if no suspition be found the said persons shall be let goe and quit but if they finde cause of suspition they shall forthwith deliver the said persons to the Sheriffe who shall keepe them in prison untill they be duely delivered or else the watchmen may deliver such persons to the Constable and so to convey them to the Iustice of peace by him to be examined and to be bound over or committed untill the offendours be acquitted in due manner Waxe CHAP. 70. 11. H. 6. ca. 12. 1. EVery Iustice of peace may examine and search by his discretion such as doe sell or set forth to bee sold any Candles or other workes of Waxe at higher price then after the rate of iiij d the pound over the common price of plaine waxe betweene Merchant and Merchant and may punish them by forfeiture of the worke or value thereof and by fine to the King Weights and Measures CHAP. 71. 1. BY a statute made in England in anno 9. H. 5. ca. 8. the Iustices of peace have power to take and imprison all falsifiers and Counterfeiters of false weights and to hold them in prison without mainprise untill they be acquitted or attainted and if they be attainted their bodies shall abide in prison untill they have made fynes and Ransomes at the discretion of the said Iustices 2. By another statute made in England in anno 34. E. 3. ca. 6. Iustices of peace have power to enquire of weights and measures and to punish the offendors and therefore it is necessary for them to know what weights and measures by the lawes and statutes of force in this Kingdome ought to be observed 9. H. 3. 26. Weigâ—â— 3. By the statute of Magna charta capitulo 26. there shall be but one weight one measure and one yard throughout the whole realme scil according to the Kings Standard in the Exchequer and this statute of Magna charta hath since herein been confirmed by many severall Parliaments viz. by the statutes of 14. Ed. 3. ca. 12. 27. Ed. 3. 10. 13. R. 2. 9. 8. H. 6. 5. and 7. H. 7. ca. 3. as thereby appeareth 4. And yet notwithstanding all these statutes there alwayes hath been two kinds of Weights used in England and both warrantable the one by law and the other by Custome as it seemeth but they are for severall sorts of wares or commodities for there is Troy weights and Averdepois Dalton fo 123. 5. Troy weight is by Law and thereby are weighed gold silver pearle pretious stones electuaries bread wheat and all manner of graine or Corne is measured by Troy weight and this hath to the pound 12. ounces or twenty shillings old ster weight which is three pound of the money now currant 6. Averdepois weight is by Custome yet confirmed also by statute and thereby are weighed all grossery wares phisicall drugges 27. Ed. 3. ca. 10. Butter Cheese flesh waxe pitch Tallow Woolls Hempe Flaxe Iron Steele Lead and all other commodities not before named but especially every thing that beareth the name of Garbell and whereof issueth a refuse or waste 7. And this hath to the pound sixteene Ounces or 25. s. old sterling weight Also in this Averdepois weight unto every hundred is allowed twelve pounds weight 27. Ed. 3. 10. 8. Also all manner of Averdepois shall bee weighed by lawfull weights sealed according to the Standerd of the Eschequer Averdepois Averdepois weight 14. ounces and an halfe and 2. pence weight Troy doe make 16. ounces of Averdepois 7. pounds or pints Averdepois make the Gallon of Wheate c. 14. pounds or pints Averdepois make the Pecke of Wheate c. 56. pounds or pints Averdepois make the Bushell of Wheate c. Pints or pounds 5120 512 256 64 16 8 4 Troy weight Quarts 2560 256 128 32 8 4 2  Pottles 1280 128 64 16 4 2 1  Gallons 640 64 32 8 2 1  Measures of Corne according to Troy weight Pecks 320 32 16 4 1   Bushels 80 8 4 1    Coombes 20 2 1      Quarters 10 1 Ten Quarters of corne is a Last   Beere measures Ale measures  Pints 288 144 72 8 4 2 256 128 64 8 Measures of Beere Ale Quarts 144 72 36 4 2 1 128 64 32 4 Pottles 72 36 18 2 1  64 32 16 2  Gallons 36 18 9 1   32 16 8 1  Firkins 4 2 1    4 2 1   Kilderkins 2 1     2 1    Barrels 1      1     See for Corne Beere and Ale more fully in that which followeth Troy Weight 15. H. 3. 32. Wheat Cornes taken in the midst of the Eare weigheth 1.d sterling Twenty pence old sterling make the ounce Troy 12. Ounces make in weight j. li. Troy measure j. pint Two pints or pounds make the quart Two quarts make the Pottle 8. pints make the Gallon 4. quarts make the Gallon 2. Pottles make the Gallon Eight quarts make the Pecke 64. pints 32. quarts 8. gallons 4. peckes make the Bushell or Firkin Sixteene gallons Two Firkins make the Kilderkin halfe Barrell Rondlet 256. pints 128. quarts 32. gallons 4. firkins 2. kilderkins 4. bushels make the Coombe or Barrell 512. pints 256. quarts 64. gallons 8. firkins 4. kilderkins 2. barrels 8. bushels make the Quarter or Hogshead So the Pint and pound Firkin and bushell Barrell and coombe Hogshead quarter are of like content Measures of Corne. Bushell 1. ALl kind of Corne and graine is measured by Troy weight 2. By statute the bushell must containe eight gallons or sixty foure pounds or pints of wheate 31. Ed. 1. 3. And yet by the booke of the Assise imprinted Anno Domini 1597. the bushell is to containe 56. pounds or pints of Averdopois weight which is three pounds or three pints and eight ounces Troy more then the statute or Troy weight for 56. pounds or pints Averdepois weight and 67. pounds 8. ounces Troy weight doe justly agree Also every measure of Corne shall be stricken without heape and all purveyance shall be by
Felony he may safely rest upon it for as it is unreasonable to draw a mans life into double danger for one single offence So is it also unprofitable to condemne him that is already attainted Coron Fitz. 132. 28. Ed. 3. 90. And for the proofe of either of these his allegations the Iustices ought to allow unto him convenient time for the bringing in of the Record of the Court where he was so acquited or attainted Coron Fitz. 232. 29. But because each of these two points hath his severall consideration in that which doth remaine I also will henceforth handle them apart 30. If the prisoner be now arraigned of a felony by the name of A. B by which name as also by the name of A.C. he is well enough knowne then may he say that he was before time acquited of the selfe same felony before such or such Iustices by the name of A.B. averring that he is the same person and that he is knowne by the one and the other name Lib. Ass 26. pl. 15. 11. H. 4. 93. So if he be arraigned of the murder of a man supposed by the Endictment to be slaine in the thirteenth yeare of Queene Elizabeths Raigne he may plead that he was acquitted of the murder of the same man averring that he was slaine in some other yeare Lib. Ass 22. pl. 55. For as in the former case the same man may beare two names so in the latter one person cannot be twice killed 31. But if the Felon were first acquited upon an Endictment which did not comprehend sufficient matter of felony in it that will not helpe him now because his life was never put in jeopardy thereby insomuch as if he had beene found guilty thereupon yet the Court would have delivered him Stamford 106. howbeit if the Endictment had good matter in it selfe then may no error committed in the processe take the benefit of this plea from him seeing that he was arraigned upon the Endictment and not upon the processe 9. H. 4. Coron Fitz. 444. 32. Againe if he that stole goods were acquited in a County where he ought not to have beene tryed for them that is no lawfull acquitall to save him from tryall now no more then if a man were acquited of murder in an appeale at the suite of a yonger brother during the life of the elder that is of no such force but that he shall be arraigned at the suit of the K. againe Stamf. 105. 106. 1. H. 6. 31. 33. Lastly he that is acquited as principall to a Felony may neverthelesse be arraigned as an Accessary after the offence done to the same felony because it is not the same but another subsequent and divers offence and yet shall he never be arraigned as an Accessarie before the offence to the same felony because the Accessaries before the offence be the very causes of the fact and doe as it were inseparably concurre with the principall and be present with him in doing of the same Lib. Ass 27. pl. 10. Stamf. 105. 34. Now on the other side Another time attainted since nothing can be had of him that is already attainted and hath thereby lost whatsoever he might forfeit it hath alwaies been thought meet to allow him to plead it and it is to no purpose to arraigne him of new for that or for any other felony except it be in a speciall case or two for the benefit of other persons which M. Stamford hath briefly noted for us 35. The first is for the advantage of the King For if he that is attainted of felony hath also committed Treason then may he be arraigned of the Treason notwithstanding the former attainder to the End that his Majestie may have his prerogative in the Escheat of all his lands of whatsoever other Lords they shall be holden 1. H. 6. 5. And yet if that Treason were committed after the attainder for the felony then in the opinion of M. Stamf. the title of Escheat which by that attainder did accrew to the other Lords cannot bee devested and taken from them by the subsequent treason 36. The second is for the commodity of subjects as in case where divers men be robbed of their goods by a felon there though he be attainted at the suite of one yet ought hee also to be attainted at the suit of the rest that each of them may thereby have restitution of his goods whereof otherwise for want of suit he should be denyed Stamf. 165. 37. But now if he that was thus attainted doe afterward obtaine pardon of that felony whereof he was attainted then he is restored to the law and is made answerable to all other felonies that were committed by him before the time of that felonie whereupon his attainder was grounded 6. H. 4. 68. 38. And if a man doe commit two sundry felonies and being arraigned upon the one standeth mute at the barre and hath therefore his judgement to be pressed yet may he be arraigned upon the other felony notwithstanding the former judgement because it is none attainder at all for his offence wherewith he was charged but onely a punishment inflicted by the Law upon his contumacie and stubborne silence Collect. Dyer 308. 39. With this there was wont to be matched the plea That the prisoner was another time convict Another time convict of felonie and delivered to the Ordinarie to make his purgation which also was of equall force with the former plea to save him from new arraignement But the law of our time hath worthily taken that plea from the offendor and the offendor himselfe from the power of the Church 40. For as the allowance of the booke proceeded from the pride of Churchmen Even so were those convicts ridiculously purged by them For which cause the statute of 11. Iacobi ca. 3. 11. Iacobi c. 3. in Ireland hath ordained that after allowance of Clergie and burning in the hand the prisoner shall be enlarged Lamb. li. 4 pag. 553. and not delivered to the ordinary so that now as I conceive he may be put to answer to all other Felonies whereof he is not before acquitted convicted attainted or pardoned and therefore leaving it let us see how the offendor may be holpen by pleading and praying allowance of the Kings pardon Generall pardon 41. The pardon whereof the partie may have advantage is either generall or speciall by generall I doe here meane that which is given by parliament to all men generally or with the exception of some parties And of this pardon the Court ought of dutie to give allowance though the partie neither plead it nor will accept the benefit of it But if it make speciall exception of some persons then must the prisoner alledge that he is none of those that be excepted unlesse the Act it selfe doe say that he shall be holpen by it without any such pleading 11. H. 4. 39. Stamf. 103. 42. Touching this
such measure 25. Ed. 3. ca. 10. 15 R. 2. ca. â— 43. E. 3. ca. 6. 4. Water measure sould within Shipboard shall containe five pecks stricken to the bushell 5. No person shall buy or sell with a Bushell except it be sealed and marked by the officer and according to the Kings Standerd 6. All sorts of bread ought to be weighed by Troy weight 7. Post septem dies panis non ponderetur 8. The Baker shall not sell to any victualler c. to be retayled but onely thirteene peny worth for twelve pence aswell mans bread as horsebread 9. The punishment of the Bakers for their unlawfull breads is that that the Iustices of peace or sworne officers in Leets may take away their unlawfull bread and give it amongst the poore as officers in corporate Towes are enabled to doe as it seemeth in the end of the booke of Assise imprinted anno 1597. and all Iustices of peace are there willed and required to be ayding and assisting to the said officers therein but by the statute 51. H. 3. 51. H. 3. Bakers and Brewers being convict for not observing the Assise the first second and third time they shall be amerced according to the offence if it be not over grievous but if the offence be grievous or often then shall they suffer punishment of the body without redemption sc a Baker to the pillorie and the Brewer to the Tumbrell now called the Cockingstoole as it seemeth by Master Lambard 62. or to some other correction Measures of Wine Beere and Ale c. Wine Oyle and Honey their measure is all one sc the Rondlet 16. di Barrell 31. 18. H. 6. ca. 17. di Hogshed 63. Pipe 126. Tunne 252. gallons 1. Cheese A weigh of Cheese must containe 32. cloves 9. H. 6. ca. â— and every clove seven pounds of Averdepois weight 2. Beefe and other flesh are 16. ounces Averdepois to the pound Dalton fo 133. and eight of those pounds to make the stone except where the usage of the Countrey requireth more pounds to the stone 3. Also sixscore herrings shall goe to the hundred ten hundred to the thousand and ten thousand to the last 31. Ed. 3. ca. 2. 4. Wooll 14. pounds weight goeth to the stone of wooll and 26. Dalton fo 133. 13. R. 2. ca. â— stone goeth to the sacke whosoever buyeth wools at greater weight shall pay double the value to the party grieved a fyne to the King 5. Of Sugar Spices and waxe 8. pounds maketh the stone and 13. stone and a halfe or a hundred and eight pound maketh the hundred see the statute de composit ponder Rast weights 8. 6. Of hops fivescore and 12. pounds maketh the hundred 7. Of lead the formell containeth six stone wanting two pounds and 30. Rastall weights â— formels make a load of lead and 12. pounds make a stone 8. The content of the Dicker of hyds is 10. skins 20. dickers make a last 9. For the contents of Iron glasse linnen cloath and diverse other things see the statute de composit ponder Rast 8. 10. All other commodities of tale or number are sould by the hundred whereof Cattell and fish are sould sixscore to the hundred and yet the hundred of hard fish must containe eightscore Rast 8. all headed things as nayles pins c. are sould sixscore to the hundred and all other things have but fivescore to the hundred 11. Timber well hewen and squared perfectly fifty foot thereof maketh the load 12. Lath shall containe in length five foot in bredth two Inches and in thicknesse halfe an Inch. 13. Of Tyle the Assise thereof in the length breadth and thicknesse appeareth before in the title of Tyle 14. A Bale of paper is ten Reame a Reame 20. quires of paper a quire is 25. sheetes 15. A Rowle of parchment is 5. dozen or 60. skins Measures of length 1. Three Barly Cornes measured from end to end make one Inch. 2. Fower Inches Inches make the handfull Handfull 3. Twelve Inches make the foot Foot 4. Three foot make the yard Yard 5. Three foot and 9. Inches make the Ell. Ell. 6. Seven foot make the fadome Fadome 7. Five yards and a halfe which is sixteene foot and a halfe make the pole Pole Rood or peach ibid. 8. And yet by the usage of many Countreyes the pole doth vary for in some places it is eighteene foot and in some places 20. foot and most places in Ireland 21. Co 6. 67. 17. E. 3. fo 18. foot goeth to the pole and there if a man should sell a certaine number of Acres of wood c. it shall be measured according to the usage of the Countrey there and not according to this statute for Consuetudo loci est observanda 9. Forty pole in length make a furlong Furlong 10. Eight furlongs or 320. pole make an English mile Mile 11. Forty pole in length and foure in breadth doe make an Acre Acre Stat. Composit â—ulnarum Stat. 34. P. weights 4. Ed 1. Plowland 12. And by Master Cambden fol. 339. and Hollingshed pag. 13. impress 1586. Co. li 9. 10. 184. one hundred acres is an hide of land but yet it seemeth that an hide of land or plowland or carue of land which are all one are not of any certaine content but according to the usage of the Countrey where the land lyeth Weight Measâ—â—â— 13. In anno 8. H. 6. ca. 5. It is enacted as followeth videlicet whereas by the great Charter of the liberties of the Realme of England and by a statute made the xxvij yeare of King Edward the third it was ordeined and by a statute made the xiij yeare of King Richard the second confirmed that one weight and one measure should be through all the Realme of England aswell out of the staple as within And in the same statute of the said noble King Edward it is ordained that the weight called auncell for the great damage subtill deceits done by the same measure to the common people Auncell weight shall be utterly left and set apart and the wools and all other manner of marchandise and all other things lying in weight bought or fold shall bee weighed by the balance so that the tongue of the balance doe not incline more to the one party than to the other with weights sealed and according to the standard of the Exchequer And he that doth contrary to the damage of the Seller shall forfeit to the King the valour of the goods so weighed or measured and that the party complaynant have the quatreble damages And by the said statute of the said noble King Richard it was added that the offendor shall be imprisoned by two yeares and make fyne and ransome at the Kings will And that the Iustices of peace should have power to enquire of the said defaults aswell at the Kings suit