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No. XI.

to alter any law now in force for the removal of poor persons born in 5 Geo. IV. Scotland, Ireland, or the Isles of Man, Jersey, and Guernsey, and becoming chargeable to parishes in England, such persons not having committed Acts of vagrancy as herein-before described, nor to alter any law now in force relating to lunatic vagrants.

c. 83.

PART VI.-CLASS XXXIX.

WEIGHTS AND MEASURES.*

A custom that a pound of butter shall weigh more or less than sixteen ounces is bad; but semble that it may be sold in lumps of eighteen ounces; Noble v. Dunell, 3 T. R. 271. Proposals are often made for an uniformity of weights and measures, but the pertinacity with which the existing statutes are disre

garded, and with which the inhabitants of different places adhere to the denominations to which they have been accustomed, renders it questionable whether any measure for that purpose would be attended with any very extensive practical effect.

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[No. I.] 9 Henry III. (Magna Charta) c. 25.-There shall be but one Measure throughout the Realm.

ONE measure of wine shall be through our realm, and one measure of ale, and one measure of corn, that is to say, the quarter of London; and one breadth of dyed cloth, russets, and haberjects, that is to say, two yards within the lists. And it shall be of weights as it is of measures.'

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[No. II.] 14 Edward III. st. 1. c. 12.-Bushels and Weights shall be made and sent into every County.

ITEM, where it is contained in the great charter, that one measure and

No. II.

14 Edw. III.

st. 1. c. 12.

one weight be throughout England; and also it is contained in a sta-. 'tute made in the time of King Edward, grandfather to the King that now 9 H. 3. st. 1. 'is, that none shall sell by the bushel, if it be not marked with the King's c. 25. 'seal, and that it be according to the King's standard; and also it is con- 31 Edw. 1. 'tained, that he which shall be attainted for having double measure, that is to say, one greater to buy, and another less to sell, shall be imprisoned as false, and grievously punished; which things have not been holden nor used after the said establishment, to the great grief of the people;' it is 'assented and accorded, That from henceforth one measure and one weight shall be throughout the realm of England: and that the treasurer cause to be made certain standards of bushels, gallons, of weights of* *Brass. auncel, and send the same into every county where such standards be not 'sent before this time; and thereupon shall be assigned two good and sufficient persons in every county, and more, according as the county in greatness requireth, to survey as well within franchise as without, that the measures and the weights be according to the standard, and that they have power to inquire, hear, and determine, and to punish all those that shall be found thereof guilty; and that the sheriffs at their commandments re'ceive and detain them in prison till they have made fine to the King. And every person that will complain of such as do offend in buying or selling 'shall be heard, as well for the King, as for himself.'

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II. And that the said assignees shall deliver their estreates every year in 'the morrow of Saint Michael, at the Exchequer, and take for their expences the fourth part of that which they may levy, and answer to the King the 'three parts; and of that which may not be levied before their profer, the 'fourth part shall be allowed to them at the Exchequer, and the three I parts levied to the King's use. And it is not the King's mind, but that The clerk of the clerk of the market shall do his office where he will, according as he was wont to do in times past; nor the lords of franchises; shall not be ousted of their franchises by the occasion of this ordnance.'

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[No. HI.] 27 Edward III. st. 2. c. 10.-There shall be but one Weight, Measure, and Yard throughout the Realm.*

ITEM pur ceo que nous avoms entendu, que ascuns marchauntz achatent

the market.

No. III.

him which

by equal ba

avoir de pois leynz et autrez marchandises per un pois, et vendent 27 Edw. III. per un autre, et fount auxint deceivables retretes sur le poisir, et auxint usent faux mesures et verges, en graunde disceite de nous et de tut la st. 2. c. 10. communalte et dez loialx marchauntz; si voloms et establissoms, qun pois, un mesure, et un verge soit per tut la terre, si bien hors de la estaple The penalty of come dedeinz, et qe leins et tut maner' de avoir de pois soient poises per doth not weigh balaunces, issint que la lange de la balance soit owel, saunz encliner a lun partie ou a lautre, et saunz mettre main ou pee au autre touch efaire; et que lance celuy que face al encontre a damage du dit vendour, forface deversn ous la valew de la marchaundize issint poise et mesure et eit la partie que se pleindra le quatreble de ce qil serra endamage, et eit la trespassour lenprisonment dun an, et soit rente a la volunte nostre seignur le Roi; et sur ceo soient assignez justices denquerer dez tieux trespassours, as toutz lez foitz que mestre serra, et de faire droit auxi bien a nostre sute come a sute dautres que soy verrount pleindre.

[No. IV.] 31 Edward III. st. 1. c. 2.-No Wool shall be

Vide 4 T. R. 315.

No. IV.

31 Edw. III. st. 1. c. 2.

No. V.

13 Rich. II.

st. 1. c. 9.

Wool shall be sold 14lb. to the stone.

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bought by Fraud to abate the Price thereof.
shall be sent to all Shires.

Weights

ITEM, whereas at the grievous complaint of the commons of the realm of England, it was shewed, that the merchants which buy wool in fairs and markets, and other places, by covin and consent betwixt them, do abate the price of wools, and use other weight than is ordained by the statute before this time, in annoyance of the people;' it is accorded and established, That proclamation be made through the realm, that no merchant do such covin, upon a grievous forfeiture: And if any do against the same after the proclamation, the King shall assign his justices to enquire at the suit of the party of all that do such covin, and to hear and 'determine for the King and for the party. And that certain balances and weights of sack, half sack, and quarter, pound, half pound, and quarter, according to the standard of the Exchequer, be sent to all sheriffs of England, betwixt this and the nativity of St. John next coming, so that they (such balances and weights received) shall make open proclamation through all their counties, that every man that will have such ba• lances and weights, shall come to the sheriff before Michaelmas, to make 'their balances and weights according to the said standard at their costs, without any thing given to the sheriff for to have assay or example of the said balances and weights; and that from henceforth none shall sell nor buy by other weight; and if any do against the same, he shall be 'punished by fine at the King's will.

[No. V.] 13 Richard II. st. 1. c. 9.-There shall be but one Weight and one Measure throughout the Realm, saving in the County of Lancaster. The Weight of Wool, and the Refuse thereof.

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ITEM it is ordained and accorded, That one measure and one weight be through all the realm of England, as in the great charter, and ' other statutes and ordinances thereof made, is more plainly contain'ed. And every one that shall be convict that he hath or useth any other measure or weight shall have imprisonment of half a year, and make recompence to the party grieved to the double of his loss, except it be in 'the county of Lancaster, because in that county it hath always been ' used to have greater measure than in any other part of the realm. And that none buy or sell wool at more weight than at fourteen pounds the stone, upon the pain to pay the double to him that feeleth him grieved, and to make fine and ransom to the king after the quantity of the tres" pass. And that no denizen nor foreigner make any other refuse of wools, but cot, gare, and villein. And that no merchant nor other man buy not be bought his wools by these words, good packing, nor by like words, upon pain, by good pack-that is to say, the broker to have imprisonment of half a year, and the ing; buyer to make a fine to the King after the quantity of the trespass, and 'the party that feeleth him grieved, shall have double damages of that which he hath suffered by the said occasion. And that none shall make wools to be cocketed, but in the name of him to whom the wools be, upon pain of forfeiture of the same, as it hath been another time ordained ' by statute.'

Refuse of wools.

Wool shall

nor be cocketed but in the owner's name.

No. VI.

15 Rich. II.

c. 4.

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[No. VI.] 15 Richard II. c. 4.-There shall be but eight Bushels of Corn striked to the Quarter.

ITEM, whereas it is ordained by divers statutes, that one measure of corn, wine and ale should be throughout the realm, and that eight 'bushels striked make the quarter of corn; nevertheless, because that no pain is thereupon ordained in the said statutes, divers people of divers

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No. VI.

c. 4.

'cities, boroughs, towns, and markets, will not take, neither buy in the said cities, boroughs, towns, markets, ne in none other place, but nine 15 Rich. II. bushels for the quarter; and if they cannot buy in that manner, they arrest it as forfeit, to the great damage and oppression of all the people, and manifestly against the statutes aforesaid;'it is ordained and assented, That the said statutes shall be firmly kept and holden, as well in the * city of London, as in every other place throughout the realm, and that as 'well by water as by land, notwithstanding any usage in times past to the 'contrary. And that none from henceforth do buy in the city of London, nor in other place, any manner of corn or malt, but after eight bushels for the quarter, according to the purport of the said statutes, upon pain of forfeiture of all the corn or malt so bought; saving to the King the said forfeiture, except franchises royal, to whom the King at this time of his special grace hath granted the same forfeiture of his grace; and that as well the mayor and sheriffs of London, as the mayors and bailiffs of other cities, boroughs, towns, and markets (if they do not thereof full and due execution) shall incur like pain, as well at the suit of the King, as of the party, or of any other person that will sue for the King'

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[No. VII.] 8 Henry VI. c. 5.-Every City and Borough shall have a common Balance and Weight. Who may buy Wool and Yarn.

P.

No. VII.

c. 5.

ITEM, whereas by the great charter of the liberties of the realm of England, and by a statute made the twenty-fifth year of King Edward 8 Hen. VI. 'the Third, it was ordained, and by a statute made in the thirteenth year ' of King Richard the Second, confirmed, That one weight and one measure should be through all the realm of England, as well out of the staple. as within; and in the same statute of the said noble King Edward, it is contained, That the weight called auncel, for the great hurt and subtle deceits done by the same measure to the common people, shall be utterly left, and set apart, and the wools, and all other manner of merchandises, and all other things weighable, bought or sold, shall be weighed by the balance, so that the tongue of the balance do not incline more to the one part than 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 our lord the King the value of the goods so weighed or measured; and that the party complainant shall have his quatrerble damages. And by the said statute of the said noble King Richard, it was added, That the offender shall be imprisoned by two years, and make 'fine and ransom at the will of our lord the King; and that the justices of < peace should have power to inquire of the said defaults, as well at the suit of our lord the King, as the parties;' our lord the King, by the authority of this Parliament, hath ordained and established, That the statutes and ordinances aforesaid shall be firmly kept and holden, and straitly executed.’

[No. VIII.] 11 Henry VII. c. 4.-The Names of the Cities and Towns limited for the keeping of Weights and Measures.

No. VIII.

c. 4.

PRAYEN the Commons in this present Parliament assembled, That 11 Hen. VII. where divers acts, statutes, and ordinances, in the times of the noble progenitors and predecessors of our now sovereign lord the King have 'been made, That one measure and weight should be used throughout Statutes con'this noble realm; and also, That in every city, borough, and town cerning ' within the said realm, upon certain and several pains in the said statutes weights and

measures.

No. VIII.

c. 4.

A weight and

measure ac

cording to the standard of

the Exchequer shall be sent into every city, borough, &c.

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and ordinances limited, should be a common balance, with common 'weights, and common measures, marked according to the estandard of 11 Hen. VII. the Exchequer; by the which, and other like balance, weights and measures marked according to the said estandard, all men should buy and 'sell, for the avoiding of all fraud and discord in that behalf to be used; 'which Acts, statutes and ordinances have not been observed and kept, as now in this present Parliament it hath been openly by divers persons of divers parties of this realm remembered, to the great hurt and vexa'tion of divers and many of the King's subjects of this his realm:' For remedy whereof be it of the abundant grace of our most gracious sovereign lord, by the assent of the Lords Spiritual and Temporal, and by the Commons, in this present Parliament assembled, and by authority of the same, enacted and established, That unto the knights and citizens of every shire and city, assembled in this present Parliament, barons of the cinque ports, and certain burgesses of burgh towns, before they depart from this present Parliament, be delivered one of every weight and measure, which now our sovereign lord hath caused to be made of brass, for the commonwealth of all his subjects and lieges within his realm of England, according to the King our sovereign lord's standard of his Exchequer of weights and measures, as they be in the Exchequer of our said sovereign lord; and that the said knights, citizens, and burgesses, to whom the said weights and measures shall be delivered, as is aforesaid, surely convey, or cause the same to be conveyed on this side the feast of Easter next coming, by the said citizens to their cities, and by the said knights unto such borough, or town corporate, or market town within the shire for which they be elected, as is specified and contained in a schedule unto this present bill annexed, there to remain for ever in the keeping of the mayor, bailiff, or other head officer for the time being, of the same city, borough, or town, as the King's standard of weight and measure. And that the inhabitants of all cities, boroughs, and market towns within every of the said shires, shall on this side of the feast of the nativity of Saint John Baptist next coming, make or cause to be made, common measures and weights, according to the weights and measures abovesaid, to remain within the said cities, bo roughs, and market towns, and every of them; and the same weights and measures to be viewed, examined, printed, signed, and marked by the mayor, bailiff, or other head officer, in whose possession the aforesaid standard shall remain; and that every of the aforesaid mayor, bailiff, or head officer, having the said weights and measures signed and printed under the sign and print for the same, with a letter H. crowned, have authority and power to make, sign, and print like weights and measures unto every of the King's lieges and subjects, duly requiring the same, taking for marking of every bushel 1d. And that from the said feast of the nativity of St. John Baptist, no merchant ne other person or persons, within any city or market town, buy ne sell with any weight or measure, except it be marked, signed, or printed in manner and form aforesaid, ne any other person or persons out of the said cities, boroughs, and market towns except it be like and equal with the said estandard; and that every person, as well without cities, boroughs, and market towns, as within, buy and sell with a bushel, sealed, signed, or marked after the form aforesaid, and no which shall be otherwise. And that all the mayors, bailiffs, and other head officers of

Every city,

and borough shall make common

weights according to

them received, and shall mark

them.

None shall buy or sell but with weights and measures sign ed and printed,

viewed and examined

twice in the year at the least.

every city, borough, or market town, shall cause twice in the year, or oftner, as they shall think necessary, all weights and measures within the said cities, boroughs, and market towns, to be brought afore them, and to be duly viewed and examined; And such as they shall upon the said examination find defective, immediately to be broken and burnt, and the party or parties which in that behalf hath offended, and been found defecThe penalty of tive, shall forfeit for the first time vi. s. viii. d. the forfeiture thereof to be unto the said mayor, bailiff, or any other having jurisdiction and correc tion in that behalf; and at the second time the said offender likewise to Justices of the forfeit viii. 5. iv. d. and at the third time likewise to forfeit ar. s. and for further punishment to be set upon the pillory, to the ensample of other: And that two justices of peace, whereof one shall be of the quorum, have authority, as well by examination as by inquiry, to hear and determine the

offenders.

peace may hear and determine the offences.

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