Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital that there is a great Variety of Measures contrary to Law;
and of 17 (16) Car. I. c. 19. ?6.; The said Clause repealed.; Winchester Measure only to be used.; Penalty 40s.
Whereas there is a great variety of Bushells and other Measures of different Contents and Gauges used in several Countyes Cittyes Burroughes Ports and other places of this Realme for the measureing buying and selling of all sorts of Graine, Salt and other Commodityes usually bought and should by the Bushell to the great defrauding and oppressing of the people contrary to the Great Charter and sundry of the good Lawes formerly made and enacted That there shall be but one Measure to be used throughout all the Realme. For future redresse whereof Bee it enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That this ensueing Clause contained in a Statute made in the Seaventeenth yeare of King Charles the First Entituled An Act for the better ordering and regulateing of the Office of Clerke of the Market, allowed and confirmed by this Statute, and for the Reformation of false Weights and Measures (by way of Proviso viz) That such Measure as is commonly called Water measure in any Ports Maritine Townes or other places shall be still used and continued as formerly the same hath beene) Any thing in this Statute contained to the contrary hereof in any wise notwithstanding, shall from and after the Nine and twentyeth day of September One thousand six hundred and seaventy be and stand nulled and repealed as to the measureing selling or buying of any sort of Corne or Grain ground or unground or Salt within the Kingdome of England, Dominion of Wales or Towne of Berwicke upon Tweede, And that if any person or persons after the time aforesaid shall sell any sort of Corne or Grain ground or unground, or any kinde of Salt usually sould by the Bushell either in open Market or any other place by any other Bushell or Measure then that which is agreeable to the Standard marked in his Majestyes Exchequer commonly called the Winchester Measure containing Eight Gallons to the Bushell and noe more or lesse, and the said Bushell strucken even by the Wood or brim of the same by the Seller and sealed as this Act directs, he or they shall forfeite for every such Offence the summe of Forty shillings to be leavyed in such manner and such other penaltyes for want of Distresse to be inflicted as in and by the said former Act is directed by the Warrant or Order of any one or more of his Majestyes Justices of the Peace within the County, City or place where such Offence shall be committed; which said Justices respectively are hereby required and enabled to see this Statute duely executed.
II. Mayors and other Officers permitting the Use of any other Measure, or not punishing;
And bee it likewise further enacted by authoritie aforesaid That if any Maior or other Head Officer of any City, Burrough or Corporation or Liberty within this Kingdome of England Dominion of Wales or Towne of Berwicke upon Tweede shall knowingly and wilfully permitt or suffer any person or persons within their respective Limitts or Jurisdictions to sell or buy any sort of Corne or Grain ground or unground, or Salt by any other Bushell or Measure or strucken in any other manner then is hereby prescribed, or shall suffer within their respective Limitts or Jurisdictions any other Measure to be used then is of the Contents aforesaid and sealed as this Act directs, or if upon complaint of the breach of this. Statute, he or they shall not duely punish and reforme the same according to the purporte thereof then he or they soe offending for every such Offence upon due proofe and conviction thereof by Presentment or Indictment before the Justices of the Peace of the County where such Offence shall be committed at the Generall Sessions of the. Peace held for the same shall forfeite the summe of Five pounds, the one moyty thereof to the Informer or Prosecutor the other moyty to the use of the Poore of the Parish where such Offence shall be committed to be leavyed by Distresse and Sale of the Offenders Goods and Chattells, And for defaulte of such Distresse by Imprisonment of the person or persons soe offending till payment thereof made by Warrant of the said Justices
III. Clerk of the Market, &c. neglecting or refusing to seal or mark any Measure; First Offence, Penalty £5. Other Offence, Penalty £10.
Exacting undue Fees; Penalty.
And bee it further enacted That if the Clerke of the Market of his Majestyes House within the Verge or the Maior or other Head Officer, Lord of the Liberty or other person authorized by the Lawes of the Realnie to marke or seale Measures within their respective Jurisdictions shall negclect or refuse being required to seale or marke any Bushell, Halfe bushell or Pecke duely gauged as is hereby before directed and appointed shall forfeite for the first offence Five pounds and for every other Offence Ten pounds to be leavyed as aforesaid; or if the Clarke of the Market of his Majestyes House within the Verge shall take more then the lawfull and accustomed Fees; or if any other person or persons shall exact or take from any person more then one penny for the sealeing and markeing of a Bushell, or more then one halfe penny for the sealeing or markeing of a Halfe bushell or Pecke, or more then one farthing for the sealeing or markeing of any measure containing one Gallon, Potle, Quart, Pinte or Halfe pinte he or they shall for every such offence upon due proofe and conviction thereof incurre the penaltyes mentioned and contained in the aforenamed Statute for the said offence made in the seaventeenth yeare of King Charles the First.
IV. A Measure of Brass to be chained in every public Market-place;
And to the end that there may be a just and certaine Measure (to determine all Controversies) gauged as this Act directs Bee it further enacted That at the charge of such person or persons respectively who shall have the Toll, or Proffit of the Market where Toll is not taken within any City Corporation or Market Towne within this Realme in their respective Jurisdictions there shall be before the said Nine and twentyeth day of September One Measure of Brasse provided and chained in the publique Market place upon paine to forfeite and loose for every Person soe negclecting respectively the summe of Five pounds to be recovered and leavyed as is by this Act directed, One moyety to the Poore of the Parish where such offence shall be committed, the other moyty to him or them that shall sue for the same.
V. Constables to search if any Persons use other Measures or Strike unduly; and to break Measures, and present Offender at Sessions.
And bee it further enacted by the authoritie aforesaid That all and every Constable or Constables within this Realme of England in their respective Precincts are hereby impowered and required to search and examine if any person or persons use any other measure then according to the proportions aforesaid, or shall strike the same in any other manner then this Act directs, or sell or buy by a measure unsealed, And in case he or they shall finde any such unsealed measure to seise and breake the same, and for that and every other offence against this Act shall present such Offender at the next private or quarterly Sessions to be held for such County or place where such offence shall be committed.
VI. No Double Punishment.
Provided alwayes and bee it enacted That noe person or persons punished for any Offence by vertue of this Act shall be againe questioned or punished for the same offence by vertue or colour of any other Act.
VII. Toll taking regulated.
Provided alwayes and bee it further enacted and declared That noe person or persons whatsoever shall take any Toll or any thing in lien thereof, but respectively according to such proportion as the measures in this Act limited and appointed beare unto the measures whereby the same have beene heretofore usually taken. Any Law, Custome or Usage to the contrary notwithstanding.