Page:Ruffhead - The Statutes at Large - vol 2.djvu/94

From Wikisource
Jump to navigation Jump to search
There was a problem when proofreading this page.
56 C. 7 Anno Primo Richardi III. A.D. 1483.
the same Fairs is of Right pertaining a Court of Pipowders, to minister therein due Justice in that Party; (2) in which Court it hath ever been accustomed. That every Person coming to such Fairs, should have lawful Remedy of all Manner Contracts, Trespasses, Covenants, Debts, and other Deeds made or done within any of the said Fairs during the Time of the said Fairs, within the Jurisdiction of the same, and to be tried by Merchants being at the same Fairs; (3) which Courts in these Days have been misused by Stewards, Bailiffs, Commissaries, and other Ministers, holding and ruling the said Courts of the said Fairs for their singular Profit, holding Plea by Plaints, as well Contracts, Debts, Tressses, and other Deeds done and made out of the Time of the said Fairs or Fair, and Jurisdiction of the same, whereof in troth they have no Jurisdiction, surmising the Contracts, Debts, Trespasses, Covenants, or other Deeds to be done within the Time of the Fairs, and within the Jurisdiction of the same Fairs, where in Troth they were not so. (4.) And sometime upon fained Plaints, by imagination by evil disposed People, to trouble them to whom they owe evil Will, some to the Intent to make them to lose their Fair, and some to the Intent that they should have, for Lucre, favourable Inquests of Comers to the same Fairs where they take their Actions, (5) whereby much People coming to the said Fairs be grievously vexed and troubled by feigned Actions, and also by Actions of Debts, Trespasses, Deeds, and Contracts made and done out of the Time of the said Fairs, or Jurisdiction of the same, contrary to Equity, and good Conscience, whereby the Lords of the said Fairs lose great Profits by the not coming of divers Merchants to their Fairs, which for that Case abstain them, and also the Commons for that Case be worse served of such Stuff and Merchandises as else should come to the said Fairs; (6) please it therefore your Highness, the Premisses considered by the Advice, and Assent of the Lords Spiritual and Temporal in this your present Parliament assembled and by the Authority of the same, to ordain, and to essablish, That from the First Day of May next coming, no Steward, Under-Steward, Bailiff, Commissary, nor other Minister of such Courts of Pipowders hold Plea upon any Action at the Suit of any Person or Persons, without the Plaintiff or Plaintiffs, or his or their Attornies, in Presence of the Defendant or Defendants (if he or they, or his or their Attornies desire it) make Oath upon the holy Evangelists, upon the Declaration, that the Contract, Trespass or other Deed comprised in the same Declaration, were made or done within the Fair-time of the said Fair, where he taketh his Action, and within the Bounds and Jurisdiction of the same Fair. (7) And although the said Plaintiff or plaintiffs by their Oath affirm the same, That the said Defendant or Defendants be not concluded thereby, but that, they may answer and plead, to the Action, or in Abatement of the Plaints and to tender an Issue, that the same Contract, Trespass, or other Deed comprised in such Declaration, whereupon the Plaintiff or Plaintiffs do declare, was not done nor made within the Fair-time and Jurisdiction of the said fair, but out of the Time of the Fair, or at other Places out of the Jurisdiction of the same Fair, after the Troth in that Party.
II. And if it be so tried, or that the Plaintiff or Plaintiffs, or their Attornies, refuse to be sworn in the Form aforefaid, that then the Defendant or Defendants be quite dismissed and discharged in that Behalf out of that Court; the Party Plaintiff to take his Advantage at the Common Law, or other Place convenient as him seemeth good, this Ordinance notwithstanding.
III. And that every Steward, Under-Steward, Bailliff Commissary, or other Minister, holding, and ruling any of the said Courts, that doth the contrary to this Ordinance, shall for every Default in that Behalf forfeit C. s. the one Half thereof to your Highness, and the other Half thereof to him that in that Party will sue his Action upon this Ordinance, by Action of Debt in his own Name; (2) and that Writs of proclamation in all goodly haste be directed to every Sheriff of every Shire of England, to make this Ordinance to be proclaimed in every Part within his Shire, as well within Franchise as without.
IV. And that the Ordinance touching Fairs, as is afore said, should endure to the next Parliament which Ordinance is now expired: (2) And for certain the said Ordinance is full necessary and requisite to endure forever, and full profitable to all the Commons of this Realm:" (3) Be it therefore ordained and established by the Authority of this present Parliament, That the aforesaid Ordinance be and stand in Virtue and Strength, and alway to be executory from the Feast of the Annunciation of our Lady next coming perpetually after to endure.

CAP. VII
Who shall be bound by a Fine levied before the Justices of the Common Pleas: And Proclamations made thereof.

Anno 18 Ed 1. stat 4.
Modus Levandi Fines.
27 Ed. 1. stat. 1. c. 1.
15. Ed. 2.
34 Ed. 3. c. 16.
5. H. 4. c. 14.
 ITEM,Whereas it is ordained, established, and enacted in a Parliament holden in the Time of the Reign King Edward the First, by the Statute De Finibus, that Notes, and Fines levied in the King's Court before his Justices, should be openly and solemnly read, and that the Pleas in the mean Time should cease, and this to be done Two Days in the Week after the Discretion of the Justices, as in the same Statute more Plainly appeareth:
How often fines shall be proclaimed
(2) Our said Sovereign Lord' the King considering that Fines ought to be of the greatest Strength to avoid Strifes and Debates, and be a final End and Conclusion, that it be willed chimed and ordained, by the Advice and Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authority of the same, That after the ingrossing of every Fine, to be levied after the Feast of Easter next coming in the King's Court before the Justices of the Common Place, of any Lands, Tenements, or other Hereditaments, the same Fine shall be openly and solemnly read and proclaimed in the same Court the same Term, and in Three Terms of the Year next following the same ingrossing in the same Court, at Four several Days in every Term, (3) and in the same time that it is so

read