The power & practice of court-leets with the manner of keeping a court of survey for mannors, lands and tenements. Also, certain dubious cases in law opened and interpreted. Published for the common good of all, both landlords, tenants and others. By Ph. Ag. of Grays Inne, Esq.

An Abstract of several penal Sta∣tutes made and enacted for the good of the Subjects, but are e∣very day shamefully broken: therefore I have, according to promise inserted the several pe∣nalties by them enjoyned accor∣ding to the nature of the offence, to terrifie Offendors for fear of the punishment, (though they have so many partakers, that it will not restrain them) and to excite others effectually to prosecute them for the love of Virtue.

WE will not here actum agere, not use so much Tautology, as to insert what we have already spoken of; but onely put you in mind, That we have before in the Charge of the Court-Leet, sufficient∣ly dissected the Alehouses, perhaps more then my Hostes will thank me

for; and given a hint at the Gaming-Houses too, because the Alehouses and they are inseparable Inmates; yet never∣theless, they are not so fully laid down as I finde the Statute mentions: wherefore therewith I'll first begin.

Of Gaming-houses, and Players at Games.

No person whatsoever shall keep, hold, suffer or maintain in his House, Yard, Orchard or Backside, any place of unlaw∣ful Games; nor shall not permit nor suffer any persons to play at his House, Yard Backside or Orchard, at Tables, Cards, Dice Coits, Loggats, Clash, Bowls, Slide-thrift or Shovegroat, (called now Shuffle-board and Boards end) or at any other un∣lawful Game, invented or to be invented, on pain to forfeit for every day he shall use or suffer the same, 40 s. and all such per∣sons as shall use or haunt any such place of unlawful Games, or play thereat, forfeits 6 s. 8. d. for every such Of∣fence.

No Artificer or his Journey-man, no Husband-man, Apprentice, Labourer,

Servant at Husbandry; Marrriner, Fisher-man, Water-man or Serving-man, shall play at any such unlawful Game or Games out of Christ-mas; nor then, out of their Master's House, or presence; on pain of 20 s. for every default 20 s. All which forfeitures are to be divided between the King and any person that will sue for the same in any Court of Record; laying his Action in the same County where the Offence is committed, and prosecuting the same within a year, 33 H. 8, 9.

If Informers would look diligently after these offences, they would do good ser∣vice to the Commonwealth, and save many Families, Wives and Children from Destruction, and Gameste••s from the Gal∣lows, where they usually throw their last Cast.

All Licenses to keep Houses or places of unlawful Games, shall be void, Stat. 2, 3. p. m. 9.

Perjury.

Whosoever suborns a Witness to give false Testimony in any Court of Record, forfeits 40 l. and upon conviction, if he hath not wherewith to satisfie the penalty, he shall suffer six mon hs imprisonment, stand in the Pillory an hour, and be dis∣abled for a Witness for ever after, unlesse the judgment given against him be revers∣ed by attaint or error.

And he that doth wilfully forswear him∣self, that is, commit wilfull perjury, shall forfeit 20 l. six months imprisonment, and be dis-abled for a Witness, unless the judge∣ment be reversed; and if he cannot pay the Fine, he is to stand in the Pillory, and have both his ears nailed, Stat. 5. El. 9.

By forswearing, I mean giving false evi∣dence upon Oath before a Judge of Re∣cord; and this is Perjury: for if a man bring an Action on the Case for scandalous words against another, for saying of the Plaintiff be forswore himself; it wil not bear an Action, unless he say he forswore him∣self

in a Court, which is a Court of Record being called there for a Witness.

And here by the way I must needs mem∣tion a Case which is odious.

T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Wind∣sor, in a Cause there depending between F. W. &c. he had done the same before at Abingdon, and hath since therewith W. F. against the same F: W. upon an Indict∣ment: H. S. commits wilful Perjury at Windsor, is found thereof guilty by Indict∣ment at W. (where there was no Sessions kept a long time before) nor (because of their kind usage to the Country, since) at the Seissions: the business was so handled by Tom Sneaks, and his Friends, that it was alledged that Windsor Court was not a Court of Record, and unless the Prosecu∣tor presently prove it, (which they knew upon an instant he could not) the Defen∣dant should be acquitted; and so he was thereupon. Rare Justice! But in the Court of W. it is no wonder.

I could name two or three more admira∣ble Presidents between these parties: and

some acted in the Town-Court of Oking∣ham, inter Sims and Magick: but I'll re∣serve them till another time for another intended Subject.

The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information, one half to the King, the other to the Prosecutor; and may be laid in any County, though the Offence was not committed there.

This Act ought to be proclaimed at every Assize; and great pitty it is in my opinion, that there is no greater punish∣ment ordained for Perjury.

It is in al respects equivalent to murder; and why should not the committers there∣of, receive the same punishment as mur∣derers convicted do? or at least should do.

He that will forswear himself, as too many now a days make no bones of it, oftentimes doth, and upon any spleen, ma∣lice, or revenge, will take away the estate and life of any one.

Did not T. S. at Oke-ingham swear a¦gainst F. W. at Abingdon, that he had stollen six cocks of Hay from him worth six shillings, and brough his Son and ano∣ther

to do the same? when there was not a Hay-cock in the Ground: but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew, and did take but two or three little Grass cocks valued at three pence, which was his right: yet the other endeavoured to hang him for it, if his Perjury had not appeared too manifestly, as well as it hath done since; as I shall shortly in another intended Subject fully demonstrate and anatomize the pra∣ctice in the Court of Oke-ingham besides. But I'll forbear them now, because the scope of this is something else, to which I'll pro∣ceed.

Forestallers, Regradors and In∣grossers.

If any Person shall buy or contract for any Merchandize, Victuals, or any other thing whatsoever, in the way, by Land or Water, before it be brought unto any City, Fair or Market where it ought to be sold; or shall cause the same to be so brought; or shall disswade the people from bringing a∣ny such commodity to any such place; or, being brought, shall perswade them to in∣hance

the price thereof, shall be adjudged a forestaller, Stat. 5. Ed. 6. 14.

A Regrador is he that buys any Grain, Wine, Fish, Butter, Cheese, Candles, Tal∣low, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pidgeons, Conies or other dead Victual whatsoever, brought to a Fair or Market to be sold there, and to sel the same again in the same Fair or Market, or in some other Fair or Market within four miles.

An Ingrosser is he that gets into his hands by buying, contract or promise, (other then by device or Grant) any Corn grow∣ing in the Fields, or other Grain, Butter, Cheese, Fish, or o her dead Victuals what∣soever with intent to sell it again. The Offendor in any of these Cases, shall forfeit for the first offence, the value of the goods so bought, and two months imprisonment without Bayl: for the second offence, the double value, and six months imprisonment without Bayl: and for the third shall forfeit all his goods, be set on the Pillory, and be imprisoned at the Kings pleasure.

He that buyeth Grain in any Market for change of Seed, shall bring as much hither the same day and sell it, according to the

present price of Grain; on pain to forfeit double the value of the Grain so bought.

He that buyes any Cattel, and sells the same alive within five weeks, shall forfeit the double value therof, during which time he ought to keep them upon Pasture, ei∣ther had by grant or prescription. These Offences shal be divided between the King and the prosecutor.

Wine without License.

No person whatsoever not lawfully au∣thorized by License, shall sell or utter any Wine by retail to be spent in his or their mansion-house, or in any other place, in their tenure by any colour, craft, or engine, on pain of 10 l. to be divided between the King and the Prosecutor: which suit shall be comenced within a year after the offence committed, Stat 7. E. 6. 5,

Understand, no colour, craft nor engine shall evade the penalty of this Statute: it is not the pretence of the keeping a free Vintner, as they call it, nor taking their Wine of a Vintner, or other such pretences may serve their turn.

Of importing Silk or Ribbands, &c.

None shall bring or cause to be brought into England any Silk wrought (by it self or other stuff) out of England in Riband, Laces, Girdles, Corses, Cawls, Tissues, or points, on pain to forfeit the same or the va∣lue thereof: to be divided between the King and any one that shall seize or sue for the same, Stat. 19. H. 7. 21.

A general complaint is now made by most, nay all Tradesmen that work in Silk of the great damage to the English Manu∣facture in Silk, by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those For∣rain Nations, to the great hindrance and decay of our English Trade: for preven∣tion of which, I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf, by which they may wright themselves if they look after it.

Wood.

There are such wastes and devastations of Wood and Timber, and the growth thereof, in this Nation, as predicates a sad event and inevitable calamity ensuing, if it be not timely prevented, (though I am half afraid, it is too late already, but hope bet∣ter and do hereby invite all lovers of their countries good, effectually to put in pra∣ctice all such Laws and Statutes as are or∣dained for the preservation of Wood and Timber; as here they follow:

Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood, which shall be felled at twenty four yeers growths or under, twelve Standils of Oak: or if there be not so many Oaks the number shall be made up of Elm, Ash, Asp, or Beech; which Standils shall not be felled, until they bear ten inches square within thre foot of the ground, on pain that the owner of the Wood shall forfeit for e∣very Standil nor so left, 3 s. 4 d, and for e∣very Standil left, and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided be∣tween

the King and the Prosecutor.

None shall convert into tillage or pasture any Underwood or Copice, containing two acres or above, and being two furlongs distant from the house of the Owner thereof, or from the house whereunto such wood doth belong on pain to forfeit 40 s: for every acre so converted: it were well if this were carefully looked after.

But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing, &c. notwith∣standing this Act.

The Lord of the Soyl shal not fell or cut down any Wood or Copice, wherein o∣thers have Common (except it be to his own use) before he and the Commoners shall agree in the setting out a fourth part thereof, to be imployed to the use of the Lord; and in case they cannot agree there∣upon, two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inha∣bitants, and with the consent of the Lord and them, shall set out a fourth part there∣of to be inclosed by the Lord within one month after; and then to be felled at his pleasure, being subject to the same Laws

and penalties upon breach thereof, as other Copices before mentioned are: and if any Beast be suffered to come into such fourth part within seven yeers after it is felled, the Owner of such Cattel shal forfeit for every such Beast 4 d. & if the Owner of any such Copice or Wood, cut down any Trees or Underwoods there, contrary to the form aforesaid, he shall forfeit for every tree so cut down 6 s. 8 d. All these forfeitures are to be equally divided between the King and any one that will sue for the same in any Court of Record, &c.

Ʋpholsters.

None shall make to fell, or offer to be sold, any Feather-Bed, Bolster, or Pillow, except the same be stuffed with dry-pulled Feathers, or clean Down only, without mingling of scalded Feathers, fenne-Down, Thistle-Down, Sand, Lyme, Gravel, or other unlawful corrupt stuff: on pain to forfeit the same so offered to be sold, or the value thereof.

Likewise, none shall make to sell or offer to be sold any Quilt, Mattress, or Cushi∣ons stuffed with any mingled stuff, other

then Feathers, Wool, or Flocks alone; on pain to forfeit the same so put to sale, or the value. All which forfeitures are equal∣ly to be divided between he King and any person that will sue for the same.

Brokers, Ʋsurers and Extortioners:

Three Birds of a Feather, not a pin to chuse: these are destructive Locusts, that live by the sweat of other mens brows: the most wicked of all people; abhorrent, and against the Laws of God and Nature: for usurae legitimae sunt illicitae: nay, nulla usura legitima est: those usuries which our Politick Laws allow, though they may be said to be lawful usuries, and the most legitimate quoad nostram legem, yet they are illegitimate, and all unlawful secundum legem Dei.

Those most wretched people the Jews, having received from God a most express Command, not to oppress their brethren with Usury, they practise no vice more, and have spread their grangrene through∣out almost all Nations, whither Gods judg∣ments have scattered them; but especially, to the great shame of Christians, have in

this respect found most imitation in Eng∣land. And notwithstanding the prudency and vigilant care of our Supreme Gover∣nors to cut off the Hydrean heads of these Serpents, they carry their poyson so subtilly as to destroy whole families under the pre∣tended coverture of innocency in the eye of the Law: but yet certainly, their skins may be pulled off, and their wickedness appear, if duly looked after. I shall therefore first begin with the Brokers, who lend money upon pledge or pawn, as they call it: that is, seldom exceeding the quarter, or a little more, of the value of the thing so laid in pledge, shall be the sum of money so lent: and under this notion, the Brokers shops are the harbors and receptacles of thieves; for they receive like hell, all that comes, not caring whether the bringers be the right Owners or not, so there appear a visage of gain: and though the right Owner finde his own Goods in their possession, yet they under pretence of the alteration of pro∣perty, will not deliver them. But let them know, that the sale of Goods wrongfully gotten, to any Broker in London, Westmin∣ster, Southwark, or within two miles of London, shall not alter the property there∣of.

And ••f any Broker, having received any such Goods, shall not upon the request of the true Owner, truly discover them, how and when he came by them, and to whom they are conveyed, he shall forfeit the double value t••ereof to the Owner of the said Goods, Stat. 1 Jac. 21.

But th•••• is not all, for by an Act of the late Sessions of Parliament holden at West∣minster, in the County of Midd. Anno 1651. it is enacted and ordained, That no person or persons, shall directly or indi∣rectly, or by any craft or colour whatsoe∣ver take above 6 l. for the loane or interest of 100 l. for a yeer, or over: and above that rate for a greater or a lesser sum, shall forfeit the treble value of the money or goods so lent, to be divided between the Protector & any party that will sue for the same in any Court of Record, by Indict∣ment, Action of Debt, Bill Plant or In∣formation. And if any Scrivener or Broker, shall take any more then 5 s. for the pro∣curing of 100 l. for a year, or according to that rate for a greater or lesser sum, shall forfeit 20 l. and the Pillory.

Nevertheles so cunningly do these brokers and Usurers carry their designs, that viis &

modis they take at first peny after the rate of 30 l. per annum, per cent, and as they handle the business, they make it amount to above 60 l. per annum, per cent. besides the trade of those that let money at 2 s. in the pound, deducted for twenty weeks, and have their money also paid weekly.

Well therefore were it to be wished, and is much to be desired, that these offences were duely prosecuted, and this enormous vice corrrected, so much conducing to the good of the Common-wealth, and well-being of all people in general who must earn their bread before they eat it.

Several other kinds of Extortion there are, especially in Bayliffs, under-Sheriffs, Goalers, Sergeants, and such-like, which I shall omit here, and leave them till another opportunity, because their corruption will fill up whole volumes: unless I be prevent∣ed by their being reduced by the diligent hand of Justice, as I hope shortly they will