No. VIII. 11 Henry VII. c. 4. The measure defaults of the said mayors, bailiffs, or other head officers in that behalf, and also of all buyers and sellers doing contrary to this present Act and ⚫ ordnance, and to set fine and amerciament upon the offenders by their discretion; and the said weights and measures, so found defective, to be forfeited and burnt. Be it also enacted, That there be but only viii. bushels rased and stricken to the quarter of corn, and riv. li. to the stone of wool, and xxvi. of a quarter of stone to the sack. Be it also ordained by authority aforesaid, That the corn, and the justices of peace abovesaid have authority to make like process against all weight of a persons found as is abovesaid defective, and for such fines and amerciaments stone and sack as upon them shall be assessed, as if they were indicted afore them for of wool. breaking of the King's peace. And where by other statutes and ordinances afore limited, it is ordained, That every city, borough, and town that hath a constable, should have common weights and measures sealed, upon penalties in the same limited; that those penalties in that behalf extend not to any town which is no city, burgh, or market town. Provided alway, That this Act shall not extend, nor be prejudicial to any person buying by Selling and selling or buying by water-measure within the ship-board; and that it be by the authority abovesaid enacted, the premisses or any other ordinance measure on afore made notwithstanding, that the said water-measure within the ship- ship-board. board shall only contain five pecks, after the said standard rased and The lord stricken. Provided also, That the examination of defaults abovesaid, and punishment to the offenders of every offence committed hereafter within any of the said five ports, shall be had, done, and administered by the lord warden of the said five ports, or by his lieutenant of the same for the time being, and none other, the premisses notwithstanding. That this Act of weights and measures extend not, nor be in no wise coinage of tin hurtful or prejudicial to the prince, within the dutchy of Cornwall, for in Cornwall any weights appertaining and belonging to the coinage of tin within the and Devon counties of Cornwall and Devonshire, but that all such weights be used, ordered, demeaned, and corrected, as it hath been used and accustomed before this time, the same Act and ordinance notwithstanding. water warden of the five ports shall punish offences done there. Provided also, Weights for The Names of Towns limited for the safe Custody of Weights and Measures according to the King's Standard for the Shires following, as particularly appeareth. Westmorl. Cumber. Lanc. Ebor. Lincoln Derb. Rotyl. Essex Hertf. Kent Surr. Oxon Berk. Salop The Town of Appleby. The Town of S. Edmond's-bury. No. IX. 12 Henry VII. c. 5. The weight of an English penny, of an ounce, a pound, gallon, and a bushel. The measure of a bushel, a gallon, a pound, an ounce, and a sterling. The weights and measures sent to several cities, &c. by the statute of 11 H. 7, c. 4, being defective, shall be broken and new sent. Glouc. Wigorn. Wilts South. Somers. Dors. Devon Cornub. London Bristol Quinque Portus The Town of Stafford. The Castle of Dover. The same City. The same Town. The same Town. [No. IX.] 12 Henry VII. c. 5.-For Weights and Measures*. WHEREAS afore this time the King our Sovereign Lord intending the common weal of his people, and to avoid the great deceit of weights ' and measures long time used within this his realm, contrary to the statute of Magna Charta, and of other statutes thereof made by divers of his noble progenitors, at his great charge and cost did make weights and measures of brass according to old standards thereof remaining within his Treasury: And for that, that one weight and one measure 'should be used throughout this his realm, in avoiding of all fraud and 'discord in that behalf, it was at the last Parliament, holden the xiv. day of October in the xj. year of our said Sovereign Lord's reign, ordained, That the said measures and weights should be delivered to the 'knights and citizens of every shire and city assembled in the same Parliament, barons of the five ports, and certain burgesses of borough towns, surely by them to be conveyed to certain cities, boroughs, and towns specified in a Schedule unto the same Act annexed, there to remain for ever, to the intent in the same Act more largely declared: which weights and measures, upon more diligent examination had sith the making of the said statute, been approved defective, and not made according to the 'old laws and statutes thereof ordained within the said realm:' wherefore the King our Sovereign Lord, by the assent of his Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by authority of the same, ordaineth, establisheth, and enacteth, That the measure of a bushel contain viij. gallons of wheat, and that every gallon contain vij. li. of wheat of Troy weight, and every pound contain xij. ounces of Troy weight, and every ounce contain ar. sterlings, and every sterling be of the weight of xxxij. corns of wheat that grew in the midst of the ear of wheat, according to the old laws of this land. And that it pleaseth the King's highness to make a standard of a bushel and a gallon after the said assize, to remain in his said treasury for ever; and from henceforth the said new bushels and gallons, lately sent forth, be not used nor occupied for no measures, but that they be sent again unto the King's receipt by the feast of Whitsontide next coming, at the costs and charges of the said cities, boroughs, and towns, having the said bushels and gallons in keeping, upon pain of a li. to be forfeited to the King; the same bushels and gallons, so sent again into the King's receipt, to be broken, and with the stuff and metal of the same bushels and gallons, other new bushels and gallons, by the advice of the treasurer and under-treasurer of England for the time being, before the feast of All Saints next coming, to be made and sized according to the said bushel and gallon, which by this present Act is ordained to be new made, and to remain in the said treasury, at the costs and charges of the same cities, boroughs, and towns. And that every * Vide 4 T. R. 315. No. IX. c. 5. city, borough, and town, within this realm, which now have, or should have had, by reason of the said Act made in the said eleventh year, any of 12 Henry VII. the said new bushels or gallons, do convey and carry, before the feast of St. Andrew next coming, into every of the same city, borough, and town, a bushel and a gallon newly to be made, as is aforesaid, at the costs and charges of the same city, borough and town, there to remain; and all other bushels, gallons, and measures, which be to be made after the form by this Act ordained, to be marked and ordered after the form and effect of the said Act made the said eleventh year; and in the mean season to use such bushels and gallons, as have been used last afore the coming down of the said new bushels and gallons, and before the making of the said statute in the said eleventh year; and that all penalties in the first Act expressed be of none effect until the feast of Candlemas, which shall be in the year of our Lord God one thousand four hundred and ninety-seven, and after the same feast the same Act made in the same eleventh year to stand in full strength, with its penalties, upon the said bushels and gallons new to be made, as it should have done upon the said new bushels and gallons made afore the making of this present Act, if this Act had not been made. And that it be ordained by the said authority, That after the said All other new bushels and gallons be made according to this present Act, that all bushels and other bushels and gallons of brass, remaining as well in the said treasury, gallons shall as in all other places of England, be, before the feast of Christmas next coming, damned and broken, upon pain of xx li. to be levied upon every city, borough, and town, or any other place, having the keeping of the common measures, that keep still any other bushel or gallon unbroken and not damned, of brass, than is ordained to be made by this present Act. [No. X.] 16 Charles I. c. 19.-An Act for the better or- be broken. No. X. c. 19. clerks of the market, and weights and inequality in market hath been very grievous unto divers of his Majesty's most 16 Charles I. loving subjects, who have been much troubled by unnecessary summons, and charged with exactions of divers sums of money, by colour of the 'said office, and in regard the said evils have partly arisen by means of an inequality of weights and measures throughout this kingdom, and by Grievances by granting and letting to farm the said office of clerk of the market and the execution thereof, in and through all or the most of the several counties of this kingdom, for great sums of money, which the said farmers or 'grantees, by their unjust and undue proceedings in the said office, do ' extort from his Majesty's subjects again, to their great impoverishment, and yet little or no redress at all in their said weights and measures, or any benefit thereby accruing to his Majesty: For remedy whereof, and 'for regulating of all weights and measures according to the true intent of 'this statute, and the other statutes in that behalf formerly made and pro'vided, and preventing the said inconveniences :' measures. II. Be it therefore enacted by the King's most excellent Majesty, the There shall be Lords and Commons of this present Parliament assembled, and by the but one meaauthority of the same, That from henceforth there shall be but one weight, sure, one one measure, one yard, according to the standard of the Exchequer, weight, and throughout all the realm, as well in places privileged as without; any one yard. usage or custom to the contrary notwithstanding: And that every measure 9 H. 3. st. 1. of corn shall be striked without heap: And whosoever shall sell, buy, or c. 25. keep, any other weight, measure, or yard, than as aforesaid, whereby any 14 Ed. 3. st. 1. corn, grain, or other thing is bought or sold, after six months after the c. 12. end of this present session of Parliament, shall forfeit for every such of- 27 Ed. 3. st 2. fence five shillings; being thereof lawfully convicted by the oath of one sufficient witness, before any justice of the peace, mayor, or other head Forfeiture, officer of the county, city, or town corporate, respectively where the said offence shall be committed, who by virtue of this Act shall have power to c. 10. No. X. c. 19. administer an oath in that behalf; which said sum or penalty of five shil16 Charles I. lings shall be levied by the churchwardens and overseers of the poor of the parish, or some or one of them, where such offence is or shall be committed, to the use of the poor of the same parish, of the goods and chattels of such offenders, by way of distress and sale of the offender's goods, rendering the overplus to the party so offending: And in default of such distress, it shall be lawful for any justices of peace, mayor, or other head officer of the county, city, or town corporate respectively, to commit the said party to the prison or gaol, there to remain without bail or mainprize, until he shall pay such sums of money forfeited as aforesaid. How to be levied. Clerk of the market, his limits. Mayor, head officer and lords of liberties have power as clerks of the market. Forfeiture of clerks of the market for offences. or fees. III. And be it further enacted by the authority aforesaid, That no clerk of the market of the King's house, which now is or hereafter shall be, or of the Prince his highness, his heirs or successors, which is or shall be Duke of Cornwall, or his or their deputy or deputies, shall hereafter execute his or their said office or offices respectively in any part of the kingdom, but only within the verge of the King's court where it shall then reside for the time being: And that it shall be always hereafter lawful for any mayor, or other head officer of any city, borough, or town corporate, or for any lord or lords of liberty, liberties or franchises, his or their deputy or deputies, or agents, according to their several liberties and jurisdictions, to have full power to execute the said offices respectively, as they ought or might have done before the making of this Act, and for the more ease of his Majesty's subjects. IV. Be it further enacted, That if any clerk of the market within his aforesaid precincts and limits of the verge of the King's house only, or any mayor or other officer whatsoever, who by virtue of this Act shall have power to enquire of any abuses in weights and measures, shall seal or give allowance unto any other weight or measure, weights or measures, other than according to the said standard of the Exchequer, or shall upon reasonable request and warning, refuse to seal or give allowance unto such weight or measure, weights or measures, as are according to the said standard of the Exchequer, paying only such fee or fees for such allowance, as by the statute or statutes, or by ancient custom, are in that behalf formerly provided and allowed, and no more, that then the said clerk of the market, mayor and other officer or officers of such city, borough, or town, and the said lord and lords of liberty or liberties, and his and their deputy and deputies and agents respectively, shall forfeit for every such offence five pounds, to be levied as aforesaid to the use of the poor of the parish where such offence is or shall be committed. Forfeiture for V. And be it further enacted by the authority aforesaid, That if the taking clerk of the market, his deputy or deputies, or agents within the verge unlawful fines aforesaid, or any mayor, or any other officer or officers of any city or town, or any lord or lords of liberties, his or their deputy or deputies, agent or assigns respectively, shall take or receive of any of his Majesty's subjects, by colour of the said office, any common fine or fines, or any fees, other than are formerly allowed by the statute or statutes, or ancient custom in that behalf made or used; shall take any fee or fees, or other sum of money, reward or consideration, for the making, signing, or examination of any weights or measures which have been formerly marked or sealed; or shall impose or assess, or cause to be imposed or assessed, any fine or amerciament, fines or amerciaments, without a due and legal trial of the offences for which the said fine or fines, amerciament or amerciaments, are imposed or assessed; or shall otherwise misdemean himself in the execution of his said office, and be thereof lawfully convicted, he shall forfeit for the first offence whereof he shall be so lawfully convicted, five pounds; and for the second offence, ten pounds; and for the third offence, and every other offence afterwards, twenty pounds; to be levied as aforesaid to the use of the poor of the parish where such offence shall be committed. VI. And be it enacted, That whosoever shall be fined or amerced by virtue of this Act, shall not be again fined or amerced for the same offence by virtue of any former law or statute. Persons fined by this Act not to be fined VII. Provided always, That this Act or statute shall not extend to the rents of farms or lands, or any corn or grain due or payable to any lord or upon any former law. No. X. lords, or any colleges, houses, or other societies, by virtue of any lease or leases, or other covenant or agreement, but that the same, during the continuation of such lease, leases, or other agreements, shall be paid, 16 Charles I. delivered and performed, in such measure and form as the same hath been c. 19. paid, delivered and performed before the making of this Act: And that such measure, that is commonly called Water Measure, in any ports, Water meamaritime towns, or other places, shall be still used and continued as for- sures to be merly the same hath been; any thing in this statute contained to the continued. contrary hereof in any wise notwithstanding. Repealed as VIII. Provided always, That no justice or justices of the peace, mayor, to corn and bailiff, or other head officer, churchwardens, overseers, or any other au- salt, by 22 Car. thorised by this statute for the due execution thereof in any point, shall 2. c. 8. sec. 2, be sued, impleaded, or otherwise impeached for doing or executing their said offices respectively: And if any suit or suits hereafter shall be commenced against them or any of them, their agents or assistants, touching the premises; that then it shall and may be lawful for them and every of them so sued or troubled in any court or courts whatsoever, to plead the general issue, not guilty, and to give this statute in evidence, or any other special matter in evidence. IX. And in case by or upon this law they or any of them shall be found not guilty, or the plaintiff be nonsuited, the defendant or defendants shall recover treble costs against the plaintiff for his unjust vexation. [No. XI.] 22 Charles II. c. 8.-An Act for ascertaining the Measures of Corn and Salt.* The general issue may be pleaded. Treble costs for unjust vexation. No. XI. c. 8. WHEREAS there is a great variety of bushels and other measures of different contents and gages used in the several counties, cities, 22 Charles II. boroughs, ports and other places of this realm, for the measuring buying and selling of all sorts of grain, salt, and other commodities usually bought and sold by the bushel, to the great defrauding and oppressing of the people, contrary to the great charter, and sundry of the good laws formerly made and enacted, That there shall be but one measure to be ' used throughout all the realm :' II. For future redress whereof, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, That this ensuing clause contained in a statute 16 Car. 1. c. made in the seventeenth year of King Charles the First, intituled, An Act 19. A clause for the better ordering and regulating of the Office of Clerk of the Market, therein allowed and confirmed by this Statute, and for the Reformation of false repealed. Weights and Measures, (by way of proviso, viz.) That such measure as is commonly called water measure in any ports, maritime towns, or other places, shall be still used and continued as formerly the same hath been (any thing in this statute contained to the contrary hereof in anywise notwithstanding) shall from and after the nine and twentieth day of September one thousand six hundred and seventy, be and stand nulled and repealed, as to the measuring, selling, or buying of any sort of corn or grain ground, or unground, or salt, within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed: And that if any person or persons after the time aforesaid shall sell any sort of corn or grain, ground or unground, or any kind of salt, usually sold by the bushel, either in Winchester open market, or any other place, by any other bushel or measure, than measure only that which is agreeable to the standard, marked in his Majesty's Ex- to be used. chequer, commonly called the Winchester measure, containing eight gallons to the bushel, and no more or less, and the said bushel strucken even by the wood or brim of the same by the seller, and sealed as this Act directs, A reservation of a corn rent to a hospital of quarters, must be construed according to Winchester measure, although similar laws had been made before this statute, and continually since, and payment made thereon, according to a larger measure; the master, &c. of St. Cross v. Lord Howard de Walden, 6 T. R. 338. |