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No. XIT. ‘shire-clerks, and the other aforesaid officers, the said defendants being 11 Hen. VII.
never attached, summoned, nor warned according to the due form of
the common law, wherefore the same parties, so put in suit, have no c. 15.
• knowledge of any such suit had against them, and over that, the same
sheriffs, under-sheriffs, and shire-clerks will cause divers plaints to be * taken in the names of such persons that are not in plain life, where the • said defendant shall have like loss as is before rehearsed; so that the
unlawful demeanor of the said sheriffs, under-sheriffs, shire-clerks for 4 the time being, and the bailiffs of the hundred, for their default and * negligence in their offices, and covin between the said sheriffs, under
sheriff's, shire-clerks, and other of the foresaid officers, causeth the
sheriffs, under-sheriffs, and shire-clerks, and other their deputies being • of no substance, neither of havour, which deputies take and levy more
* by extortion than is contained in their estreats, to the express pillage No plaint shall and impoverishing of the said Commons.' Be it therefore enacted, beentered inthe ordained, and established by the King our Sovereign Lord, and by the county court, assent of the Lords Spiritual and Temporal, and the Commons, in this but where the present Parliament assembled, and by authority of the same, That no plaintiff or his sheriffs, under-sheriffs, or shire-clerks hereafter, neither any person in attorney is pre- their naines, nor by their commandment, shall take and enter any plaints
in their books in no man's name, unless the party plaintiff be in his proper person present in the court, or else by a sufficient attorney or deputy that is known to be of good name and disposition; and that the
saine party plaintiff shall find pledges to pursue his said plaint, such There shall be persons as are known there in the county; and that the party plaintiff entered but one shall have but one plaint for one trespass or contract. And if the said plaint for one sheriffs, under-sheriffs, shire-clerks take and enter, or cause to be en
tered, any more plaints than the plaintiff supposeth that he hath cause of action against the defendant, that then the said sheriffs, under-sheriffs, shire-clerks, that do enter, or cause to be entered, any such plaints contrary to the said provision and ordinance, shall forfeit for every default xl.s. the one half thereof to be bad to the use of our said Sovereign Lord the King, and the other part to him or them that will sue and prove
the same matter by action of debt or information in the Exchequer. A justice of And over that, the justices of peace in the same counties, and every of peace may ex- them, shall have authority, upon complaint made by the party so unlawamine the of- fully grieved, to examine the said sheriffs, under-sheriffs, or shirefence, and cer- clerks, and plaintiffs; and if the said justices of peace, or one of them, tify it into the find by their examination default in the said sheriffs, under-sheriffs, or Exchequer.
shire-clerks, in entering of the said plaints deceitfully, for his or their advantage, as is before rehearsed, contrary to this present Act, that then the said sheriffs, under-sheriffs, and shire-clerks, shall be convict and attaint of the same offence, without further inquiry or examination, and that he shall forfeit upon the same examination cl. s. to the use of our Sovereign Lord the King for every default. And the said justices of peace that so shall take the examination, shall certify the same examinalion within a quarter of a year into the King's Exchequer, upon pain of xl.s. And furthermore, That the said sheriffs, under-sheriffs, and shireclerks, make, or cause to be made, a sufficient precept to the bailiffs of
the said hundreds, to attach, summon, or warn the defendants that are so The penalty of in suit, to appear and answer to the said plaints; and if there be any debailiffs of hun- fault in the said bailiffs of the hundreds, in warning of the defendants to dreds that do appear and answer to the said plaints commenced against them in their
courts, or in executing their said office, that then the said bailiffs shall their offices,
forfeit for e
every default unto our Sovereign Lord the Kirig, al s. and to
be attaint and convict thereof by like examination of the justices of Two justices peace, or any of them, as before is rehearsed. Aud that the same sheriffs, of peace shall
under-sheriffs, shire-clerks, and their deputies for the time being, shall view the she- make no estreats to levy the said sheriffs amerciaments, until such time riff's estreats. that two justices of peace, whereof one shall be of the quorum, have had
the view and oversight of their books: and that the estreats be indented No. XII. betwixt the said justices of peace, and the said sheriffs and under-sheriffs,' 11 Hen. VII. and sealed with their seals, the one part to remain with the said justices,
c. 15. and the other part with the said sheriffs, or under-sheriffs, to the intent they may understand if any deceit be, or untrue demeaning in them, in making of their books; and that those persons which shall be gatherers Bailiffs shall be of the same amerciaments, as bailiffs, or other officers, be sworn by the sworn to gather
but what is due. said justices, that they take no more money than is forfeited and tained in the estreats, sealed with the seals of the said justices of peace, upon the same pain of forfeiture as before is rehearsed; thereof the same gatherers to be convict by examination of the said justices of peace, or one of them, as before is rehearsed. Provided alway, That the said jus. By whom and tices of peace shall be appointed and named at the general sessions
after when the said the feast of Saint Michael the Archangel, by him that is custos rotulorum justices shall be
named. of the said counties, or else by the eldest of the quorum in his absence, to have the oversight and controlment of the said sheriffs, under-sheriffs, and shire-clerks, and other of the said officers, and of the said sheriffs amerciaments: And the said justices of peace, upon suggestion, or Process awardinformation of the party so grieved, shall make like process as in an
ed by the jusaction of trespass, against the said sheriffs, under-sheriffs, or shire- tices of peace clerks, and other the foresaid officers misdemeaning, as before is against an ofrehearsed, for to appear before them to answer to the said suggestion or information.
[ No. XIII. ] 23 Henry VIII. c. 5.—The Bill of Sewers
with a new Proviso, &c. OUR Sovereign Lord the King like a virtuous and most gracious 23 Henry VIII.
Prince, nothing earthly so highly weighing as the advancing of the . common profit, wealth, and commodity of this his realm, considering How far the • the daily great damages and losses which have happened in many and commission of • divers parts of this bis said realm, as well by the reason of the out- sewers shall
rageous flowing, surges, and course of the sea in and upon marsh-
and made profitable for the great commonwealth of this realm, as also
for reformation of the premisses, hath therefore by deliberate advice and assent of his Lords Spíritual and Temporal, and also his loving Commons, in this present Parliament assembled, ordained, established, and enacted, That commissions of sewers, and other the premisses, shall be directed in all parts within this realın from time to time, where and when need shall require, according to the manner, form, tenor, and effect, hereafter ensuing, to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England, and the two chief justices for the time being, or by three of them, whereof the Lord Chancellor to be one.
• Il. Henry the Eighth, &c. Know ye, That forasmuch as the walls, The form of the • ditches, banks, gutters, sewers, gotes, calcies, bridges, streams, and commission of • other defences, by the coasts of the sea, and marish ground, lying sewers. ' and being within thie limits of A. B. or C. in the county or • counties of
or in the borders or confines of the * same, by rage of the sea, flowing and reflowing, and by mean of the • trenches of fresh waters descending, and having course by divers ways to the sea, be so dirupt, lacerate, and broken; and also the common passages for ships, balangers, and boats, in the rivers, streams, and
No. XIII. • other floods, within the limits of A. B. or C. in the county or counties 23 H. VIII.
• of or in the borders or confines of the same, by mean of setting C. 5.
up, erecting, and making of streams, mills, bridges, ponds, fish-garths,
• mill-dams, locks, hebbing-wears, hecks and flood-gates, or other like The several
• lets, impediments, or annoyances, be letted and interrupted, so that causes of a
great and inestimable damage, for default of reparation of the said warding the
walls, ditches, banks, fences, sewers, gotes, gutters, calcies, bridges, commission of
• and streams ; and also by mean of setting up, erecting, making, and
pened, and yet is to be feared that far greater hurt, loss and damage
• III. We, therefore, for that by reason of our dignity and prerogative sioners of sew
royal, we be bound to provide for the safety and preservation of our ers are autho
realm of England, willing that speedy remedy be had in the premises, rised to do. • have assigned you, and six of you, of the which we will that A., B. and
· C., shall be three, to be our justices, to survey the said walls, streams,
' three and twentieth year of our reign, touching the premises or any of
them, as also to enquire by the oaths of the honest and lawful men of the annoyances
' the said shire or shires, place or places where such defaults or annoy-
ments, or common of pasture, or profit of fishing, or hath or may
inhabiting or dwelling thereabouts, by the said walls, ditches, banks, Assessing the
gutters, gotes, sewers, trenches, and other the said impediments and
annoyances; and all those persons, and every of them, to tax, assess, contributory to
charge, distrain and punish, as well within the metes, limits, and the charge.
• bounds of old time accustomed, or otherwise, or elsewhere within
rents, by the namber of acres and perches, after the rate of every per-
convenient to be ordained and done for redress and reformation to be • had in the premises ; and also to reform, repair and amend the said • walls, ditches, banks, gutters, sewers, gotes, calcies, bridges, streams, • and other the premises, in all places needful; and the same, as often, • and where need shall be, to make new, and to cleanse and purge the
trenches, sewers, and ditches in all places necessary; and further to ' reform, amend, prostrate and overthrow all such mills, streams, ponds,
• locks, fish-garths, hebbing-wears, and other impediments and annoyAppointing of
ances aforesaid, as shall be found by inquisition, or by your surveying bailiffs, col
• and discretions to be excessive or huriful; and also to depute and lectors, survey
assign diligent, faithful, arid true keepers, bailiffs, surveyors, collectors, and other ors, expenditors, and other ministers and officers, for the safety, coninferiorofficers. servation, reparation, reformation, and making of the premises, and
every of them, and to hear the account of the collectors, and other • ministers of and for the receipt and laying out of the money that shall be levied and paid in and about the making, reforming, repairing and amending of the said walls, ditches, banks, gutters, gotes, sewers, calcies, bridges, streams, trenches, mills, ponds, locks, fish-garths, flood
person to be
gates and other impediments and annoyances aforesaid , and to distrain No. XIII. • for the arrearages of every such collection, tax, and assess as often as 23 H. VIII. • shall be expedient, or otherwise to punish the debtors and detainers • of the same, by fines, amerciaments, pains, or other like means, • after your good discretions; and also to arrest and take as many carts, • horses, oxen, beasts, and other instruments necessary, and as many
the "workmen and labourers as for the said works and reparations shall
of the money suffice, paying for the same competent wages, salary, and stipend in
assessed. • that behalf; and also take such and as many trees, woods, under* woods and timber, alıd other necessaries, as for the same works and Taking of la
bourers, worka • reparations shall be sufficient, at a reasonable price, hy you, or six of
men and car* you, of the which we will that A., B., and C. shall be three, to be riages, timber, assessed or limited, as well within the limits and bounds aforesaid, as and other ne
in any other place within the said county or counties near unto the cessaries. • said places ; and to make and ordain statutes, ordinances, and provi- To make sta• sions from time to time, as the case shall require, for the safeguard, tutes and ordiconservation, redress, correction and reformation of the premises, nances. • and of every of them, and the parts lying to the same, necessary and • behooful, after the laws and customs of Rumney Marsh in the county * of Kent, or otherwise by any ways or means after your own wisdoms ' and discretions; and to hear and determine all and singular the pre‘mises, as well at our suit as at the suit of any other whatsoever com
plaining before you, or six of you, whereof A., B., and C. shall be • Three, after the laws and customs aforesaid, or otherwise by any other
ways or means after your discretions; and also to make and direct all Awarding of 'writs, precepts, warrants or other commandments by virtue of these writs and prepresents, to all sheriffs, bailiffs, and all other ministers, officers, and cepts to sheother persons, as well within liberties as without, before you, or six riffs,
and others. • of you, whereof the said A., B. and C., to be three, at certain days,
terms and places to be prefixed, to be returned and received ; and fur*ther to continue the process of the same, and finally to do all and ' every thing and things as shall be requisite for the due execution of
the premises, by all ways and means after your discretions: And there• fore we command you, that at certain days and places, when and
where ye, or six of you, whereof the said A., B., and C. to be three, shall *think expedient, ye do survey the said walls, fences, ditches, banks, 'gutters, gotes, sewers, calcies, ponds, bridges, rivers, streams, water
courses, mills, locks, trenches, fish-garths, flood-gates, and other the • lets, impediments, and annoyances aforesaid, and accomplish, fulfil, • hear and determine all and siogular the premises in due form, and to • the effect aforesaid, after your good discretions; and all such as ye To compel
shall find negligent, gainsaying, or rebelling in the said works, repara- others to obey * tions or reformations of the premises, or negligent in the due execu
their orders. • tion of this our commission, that ye do compel them by distress, fines, • and amerciaments, or by other punishments, ways, or means, which to ' you, or six of you, whereof the said A., B., and C. shall be three shall • seem most expedient for the speedy remedy, redress, and reformation of
the premises, and due execution of the same; and all such things as • by you shall be made and ordained in this behalf, as well within liber. ties as without, ye do cause the same firmly to be observed, doing • therein as to our justice appertaineth after the laws and statutes of this our realm, and according to your wisdoms and discretions.
• IV. Saved always to us such fines and amerciaments as to us thereof Sheriffs to re• shall belong; and we also command our sheriff or sheriffs of our said turn before the • county or counties of
that they shall cause to come commissioners • before you, or six of you, of the which A., B., and C. to be three, at such jurors as • such days and places as ye shall appoint to them, such and as many shall be fit for • bonest men of bis or their bailiwick, as well within the liberties as inquiry. * without, by whom the truth may best be known, to enquire of the • premises ; commanding also all other ministers and officers, as well All other offi• within liberties as without, that they, and every of them, shall be at- cers shall be at• tendant to you in and about the due execution of this our commission. tendant to the
commissioner • In witness whereof we have caused these our letters patents to be VOL. IV.
No. XII, made. Witness ourself at Westminster, the
in 23 H. VIII.
(the year of our reign.'
V. And it is also enacted, That every such person as shall be named c. 5.
commissioner in the said commission, after he hath knowledge thereof,
shall effectually put his diligence and attendance in and about the exe-. The commis- cution of the said commission, and before he shall take upon him
the sioners shall execution of the said commission, he shall take a corporal oath before take an oath.
the Lord Chancellor, or before such to whom the said Lord Chancellor Enforced by shall direct the King's writ of dedimus potestatem to take the same, or 25 H. 8. c. 10. before the justices of the peace in the quarter sessions holden in the
shire where such commissions shall be directed ; the tenor of which
oath hereafter ensueth : The form of
• Ye shall swear, That you, to your cunning, wit, and power, shall oath.
• truly and indifferently execute the authority to you given by this com-
such wholesome, just, equal and indifferent laws and ordinances, as
due execution, without favour, meed, dread, malice, or affection ;
* as God you help, and all saints.'
mises, or any of them, as well in the time of our Sovereign Lord the
ing and purport of the same.
and effect of the same commissions, have full power and authority to
sons, being assessed or taxed to any lot or charge for any lands, tenesioners upon
ments, or hereditaments, within the limits of any commission, hereafter those which re- to be directed, do not pay the said lot and charge according to the fuse.
ordinance and assignment of the commissioners, having power of the
execution of the said commission, by reason whereof it shall happen, Extended to the said commissioners having power of the execution of such commiscopyboldlands, sion, for lack of payment of
such lot and charge, to decrec and ordain 7 Ann. c. 10. the same lands, tenements, and hereditaments from the owner or owners
thereof, and their heirs, and the heirs of every of them, to any person