Page:Ruffhead - The Statutes at Large - vol 2.djvu/124

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86 C. 14, 15; Anno undecimo Henrici VII. A. D. 1494. CAP. XIV. What Cuftoms Aliens made Denizens lha-11 pay for their Merchandifes. 'HERE the King our Sovereign Lord is greatly deceived in his Cuftoms and Subfidies by Mer- chants and Strangers, fuch as the King our Sovereign Lord hath granted by his Letters Patents to ' be Denizens, and to pay no other Cuftoms ne Subfidies for their Merchandife inward and outward but ' as_ a Denizen, under Colour whereof they Cuftom not only their own Merchandife under the Form afore-

  • faid, but alfo they colourably enter into the Cuftomers Books the Merchandife of other Strangers, call-

' ing and faying the faid Goods of other Merchants to be the Goods of them fo made Denizens, to the 1 H. 7. c 1. ' S reat . Lofe and Defraud of the King our Sovereign Lord :' (z) Wherefore be it enacted by the King our 22 H. S. 0. S. Sovereign Lord, the Lords Spiritual and Temporal, and the Commons, of this prefent Parliament affem- Repealed in Part, bled, and by Authority of the fame, That all Merchant Strangers, and other, that be made Denizens by by 25 Car. 2. the King's Letters Patents, or otherwife, pay from henceforth fuch Cuftoms and Subfidies for their Goods. & 6 fVr & w and Merchandife inward and outward, as they fhould have paid, if fuch Letters Patents and Grants had: &M '[cir.ic L never t0 them been made. J Am. Jl. i, c. 13, $.Atw. c. 6. 3 Geo. i» c. 7. and 8 Geo. 1. c. 15, CAP. XV. Entering of Plaints in County Courts, -Examining of Sheriffs, Execution of Precepts, Viewing 1 of Eftreats, and gathering of them. Several Mjfde- * T 7 HERE AS great Extortion is. yearly u fed and had within divers Counties of this Realm of Eng- jneanours prac- <■ yy land, by the Subtilty and untrue Demeanour of Sheriffs, Under-fheriffs, Shire-clerks, or any other &V. entering of ' Officers holding and keeping the Counties in the Name of the Sheriff, that is to fay, If any Man affirm Plaints. ' a Plaint before the Sheriffs in the Counties, or before any other of the faid Officers, the faid Sheriff, 11, Ed. 4. c, 1. ' Under-fheriff, or his Shire-clerk, will enter or caufe to be entered in their Books, in the fame Plaintiff's ' Name, divers and many Plaints both of Debt, Trefpafs, and Covenant, at their Pleafure, and unknow-

  • ing to the fame Plaintiff in whofe Name the faid Plaints been affirmed, to the Intent that if the Defen*-

s dant appear not at every Shire-day or Court hanging the faid Plaint, he fhall leefe for his Default made ' at every Plaint Four Pence : (z) where divers Times by Covin between the faid Sheriffs, Under-fheriffs,

  • Shire-clerks, and the other forefaid Officers, the faid Defendants being never attached, fummoned, nor
  • warned according to the due Form of the Common Law, wherefore the fame Parties, fo put in Suit,

' have no- Knowledge of any fuch Suit had againft them; (3) and over that, the fame Sheriffs, Under-

  • fheriffs, and Shire-clerks, will caufe divers Plaints to be taken in the Names of fuch Perfons that are not

£ in plain Life, where the faid Defendant fhall have like Lofs as is before rehearfed ; (4) fo that the un- 4 lawful Demeanour of the faid Sheriffs, Under-fheriffs, Shire-clerks for the time being, and the Bailiffs

  • of the Hundreds, for their Default and Negligence in their Offices, and Covin between the faid Sheriffs,

' Under-fheriffs, Shire-clerks, and other of the forefaid Officers, caufeth the Amerciaments that be in the & one Year after the Books be ingroffed, to amount to great and importable Sums of Money, (5) which 1 Sums of Money been yearly levied of the poor Commons in the faid Counties by the Sheriffs, Under- ' fheriffs, and Shire-clerks, and other their Deputies being of no Subftance, neither of Havour, which 4 Deputies take and levy more by Extortion than is contained in their Eftreats, to the exprefs Pillage and ' impoverishing of the faid Commons.' (6) Be it therefore enacted, ordained, and eftablifhed by the King ' . . our Sovereign Lord, and by the Affent of the Lords Spiritual and Temporal, and the Commons, in this Wntered i the P reient Parliament aflembled, and by Authority of the fame, That no Sheriffs, Under-fheriffs, or Shire- County Court, c i e rks hereafter, neither any Perfon in their Names, nor by their Commandment, fhall take and enter any but where the' Plaints in their Books in no Man's Name, unlefs the Party Plaintiff be in his proper Perfon prefent in the Plaintiff or his Court, or elfe by a fufficient Attorney or Deputy that is known to be of good Name and Difpofition ; (7) Attorney is. pre- and that the fame Party Plaintiff fhall find Pledges to purfue his faid Plaint, fuch Perfons as are known there in the County ; (8) and that the Party Plaintiff fhall have but one Plaint for one Trefpafs or Con- There rt-iali be tract, fq) And if the faid Sheriffs, Under-fheriffs, Shire-clerks, take and enter, or caufe to be entered, Phiw fcje' any m -° Plain . ts than the Piaintiff fuppofeth that he hath Caufe of Action againft the Defendant,, that then Caufe. the faid Sheriffs, Under-fherifFs, Shire-clerks, that do enter, or caufe to be entered, any fuch- Plaints con- trary to the faid Provision and Ordinance, fhall forfeit for every Default xl.s. the one Half thereof to be had to the Ufe of our faid Sovereign Lord the King, and the other Part to him or them that will fue and prove AJufKceof the fame Matter by Action of Debt or Information in the Exchequer, (to) And over that, the Juftices of Peace may ex- Peace in the fame Counties, and every of them, fhall have Authority, upon Complaint made by the Party. amine the Of- r fence, snd certi- fy it into the Escieaucr. Under- meriiis, or bhire-clerks, in entering of the faid Plaints deceitfully, before rehearfed, contrary to this prefent Act, that then the faid Sheriffs, Under-fheriffs, and Shire-clerks, fhall be convict and attaint of the fame Offence, without further Inquiry or Examination, (12) and that he fhall forfeit upon the fame Examination xl..s. to the Ufe of our Sovereign Lord the King for every De- fault. _ (13) And the faid Juftices of Peace that fo fhall take the Examination, fhall certify the fame Exa- mination within a Quarter of a Year into the King's Exchequer, upon Pain of xl.s. (14) And further- ance, That the faid Sheriffs., Under-fheriffs, and Shire-clerks, make, or caufe to be made, a fufficient Pre- ce.%4