6

'shire-clerks, and the other aforesaid officers, the said defendants being
never attached, summoned, nor warned according to the due form of
'the common law, wherefore the same parties, so put in suit, have no
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
♦ the_time_being, and the bailiffs of the hundred, for their default and
negligence in their offices, and covin between the said sheriffs, under-
sheriffs, shire-clerks, and other of the foresaid officers, causeth the
'amerciaments that be in the one year after the books be engrossed, to
' amount to great and importable sums of money, which sums of money
been yearly levied of the poor commons in the said counties by 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
and impoverishing of the said Commons. Be it therefore enacted,
ordained, and established by the King our Sovereign Lord, and by the
assent of the Lords Spiritual and Temporal, and the Commons, in this
present Parliament assembled, and by authority of the same, That no
sheriffs, under-sheriffs, or shire-clerks hereafter, neither any person in
their names, 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
same party plaintiff shall find pledges to pursue his said plaint, such
persons as are known there in the county; and that the party plaintiff
shall have but one plaint for one trespass or contract. And if the said
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 con-
trary to the said provision and ordinance, shall forfeit for every default
xl.s. the one half thereof to be had 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.
And over that, the justices of peace in the same counties, and every of
them, shall have authority, upon complaint made by the party so unlaw-
fully grieved, to examine the said sheriffs, under sheriffs, or shire-
clerks, and plaintiffs; and if the said justices of peace, or one of them,
find by their examination default in the said sheriffs, under-sheriffs, or
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 xl. 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 examina-
tion 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 shire-
clerks, 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
in suit, to appear and answer to the said plaints; and if there be any de-
fault in the said bailiffs of the hundreds, in warning of the defendants to
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
forfeit for every default unto our Sovereign Lord the King, al s. and to
be attaint and convict thereof by like examination of the justices of
peace, or any of them, as before is rehearsed. And that the same sheriffs,
under-sheriffs, shire-clerks, and their deputies for the time being, shall
make no estreats to levy the said sheriffs amerciaments, until such time
that two justices of peace, whereof one shall be of the quorum, have had

No. XII.

c. 15.

Bailiffs shall be sworn to gather but what is due.

the view and oversight of their books: and that the estreats be indented 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, 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 of the same amerciaments, as bailiffs, or other officers, be sworn by the said justices, that they take no more money than is forfeited and contained 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 justices of peace shall be appointed and named at the general sessions after the feast of Saint Michael the Archangel, by him that is custos rotulorum 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 information of the party so grieved, shall make like process as in an action of trespass, against the said sheriffs, under-sheriffs, or shireclerks, and other the foresaid officers misdemeaning, as before is rehearsed, 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.

By whom and when the said justices shall be

named.

Process awarded by the justices of peace against an offender.

c. 5.

UR 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 his said realm, as well by the reason of the out- sewers shall rageous flowing, surges, and course of the sea in and upon marsh- extend. 'grounds, and other low places heretofore through politic wisdom won and made profitable for the great commonwealth of this realm, as also by occasion of land-waters, and other outrageous springs, in and upon 'meadow, pastures, and other low grounds adjoining to rivers, floods, ⚫ and other water courses; and over that, by and through mills, milldams, wears, fishgarths, kedels, gores, gotes, floodgates, locks, and other impediments in and upon the same rivers and other watercourses, to the inestimable damages of the commonwealth of this realm, which daily is likely more and more to increase, unless speedy redress and remedy be in this behalf shortly provided: Wherein albeit that divers and many provisions have been before this time made and ordained, yet none of them are sufficient remedy 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 realm 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 the limits of A. B. or C. in the county or or in the borders or confines of the

counties of 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, aud

No. XIII.

23 H. VIII. c. 5.

The several

causes of a

warding the commission of

sewers.

What things the commissioners of sewers are autho

rised to do.

Inquiry by

the annoyances

come.

6

'other floods, within the limits of A. B. or C. in the county or counties
• of
or in the borders or confines of the same, by mean of setting
up, erecting, and making of streams, mills, bridges, ponds, fish-garths,
mill-dams, locks, hebbing-wears, hecks and flood-gates, or other like
lets, impediments, or annoyances, be letted and interrupted, so that
great and inestimable damage, for default of reparation of the said
walls, ditches, banks, fences, sewers, gotes, gutters, calcies, bridges,
and streams; and also by mean of setting up, erecting, making, and
enlarging of the said fish-garths, mill-dams, locks, hebbing-wears,
heeks, flood-gates, and other like annoyances, in times past hath hap-
pened, and yet is to be feared that far greater hurt, loss and damage
is like to ensue, unless that speedy remedy be provided in that
behalf.

6

III. We, therefore, for that by reason of our dignity and prerogative royal, we be bound to provide for the safety and preservation of our realm of England, willing that speedy remedy be had in the premises, '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, ditches, banks, gutters, sewers, gotes, calcies, bridges, trenches, mills, mill-dams, flood-gates, ponds, locks, hebbing-wears, and other impediments, lets, and annoyances aforesaid, and the same cause to be 'made, corrected, repaired, amended, put down, or reformed, as case shall require, after your wisdoms and discretions; and therein as well 'to ordain and do after the form, tenor, and effect of all and singular the statutes and ordinances made before the first day of March, in the '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 whose defaults the said shire or shires, place or places where such defaults or annoyances be, as well within the liberties as without (by whom the truth may the rather be known) through whose default the said hurts and damages have happened, and who hath or holdeth any lands or tenements, or common of pasture, or profit of fishing, or hath or may 6 have any hurt, loss or disadvantage by any manner of means in the 'said places, as well near to the said dangers, lets and impediments, as inhabiting or dwelling thereabouts, by the said walls, ditches, banks, gutters, gotes, sewers, trenches, and other the said impediments and annoyances; and all those persons, and every of them, to tax, assess, charge, distrain and punish, as well within the metes, limits, and 'bounds of old time accustomed, or otherwise, or elsewhere within our realm of England, after the quantity of their lands, tenements and rents, by the number of acres and perches, after the rate of every per'son's portion, tenure, or profit, or after the quantity of their com'mon of pasture, or profit of fishing, or other commodities there, by 'such ways and means, and in such manner and form as to you, or six of you, whereof the said A., B. and C. to be three, shall seem most '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, coland discretions to be excessive or hurtful; and also to depute and lectors, survey-assign diligent, faithful, and 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

་

c. 5.

of the money

assessed.

Taking of labourers, work men and car

and others.

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 Distraining for workmen and labourers as for the said works and reparations shall the arrearages suffice, paying for the same competent wages, salary, and stipend in that behalf; and also take such and as many trees, woods, under* woods and timber, and other necessaries, as for the same works and reparations shall be sufficient, at a reasonable price, by you, or six of 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 nein 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 premises, 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 pre'presents, 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, bailiffs, 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, watercourses, mills, locks, trenches, fish-garths, flood-gates, and other the lets, impediments, and annoyances aforesaid, and accomplish, fulfil, ⚫ hear and determine all and singular the premises in due form, and to 'the effect aforesaid, after your good discretions; and all such as ye ⚫ shall find negligent, gainsaying, or rebelling in the said works, repara⚫tions or reformations of the premises, or negligent in the due execu⚫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 reshall 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 days and places as ye shall appoint to them, such and as many 'honest men of his or their bailiwick, as well within the liberties as without, by whom the truth may best be known, to enquire of the premises; commanding also all other ministers and officers, as well within liberties as without, that they, and every of them, shall be at⚫tendant to you in and about the due execution of this our commission. In witness whereof we have caused these our letters patents to be commissione!*

VOL. IV.

H

To compel others to obey their orders.

such jurors as shall be fit for inquiry.

All other officers shall be attendant to the

No. XIII. 23 H. VIII. c. 5.

The commissioners shall take an oath.

year of our reign.'

V. And it is also enacted, That every such person as shall be named commissioner in the said commission, after he hath knowledge thereof, shall effectually put his diligence and attendance in and about the execution of the said commission, and before he shall take upon him the execution of the said commission, he shall take a corporal oath before the Lord Chancellor, or before such to whom the said Lord Chancellor 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 :

Enforced by

The form of oath.

A confirmation of other statutes.

sioners.

'Ye shall swear, That you, to your cunning, wit, and power, shall truly and indifferently execute the authority to you given by this com'mission of sewers, without any favour, affection, corruption, dread, or malice to be borne to any manner of person or persons; and, as the case shall require; ye shall consent, and endeavour yourself for your part to the best of your knowledge and power, to the making of such wholesome, just, equal and indifferent laws and ordinances, as 'shall be made and devised by the most discreet and indifferent num'ber of your fellows, being in commission with you, for the due redress, reformation and amendment of all and every such things as ' are contained and specified in the said commission, and the same laws ' and ordinances to your cunning, wit, and power, cause to be put in 'due execution, without favour, meed, dread, malice, or affection; 'as God you help, and all saints.'

VI. And it is also enacted by the authority aforesaid, That all and every statute, act, and ordinance heretofore made concerning the premises, or any of them, as well in the time of our Sovereign Lord the King that now is, as in the time of any of his progenitors, Kings of this realm of England, not being contrary to this present Act, nor heretofore repealed, from henceforth shall stand and be good and effectual for ever, and to be put in due execution, according to the true meaning and purport of the same.

The authority VII. And over that be it enacted, That the commissioners hereafter of the commis- to be named in any of the said commissions, according to the purport and effect of the same commissions, have full power and authority to make, constitute and ordain laws, ordinances and decrees, and further to do all and every thing mentioned in the said commission, according to the purport, effect, words, and true meaning of the same; and the same laws and ordinances so made, to reform, repeal, and amend, and make new, from time to time, as the cases necessary shall require in that behalf.

The ordinances

of commisBioners upon

fuse.

VIII. Provided alway, and it is enacted, That if any person or persons, being assessed or taxed to any lot or charge for any lands, tenements, 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 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 commiscopyholdlands, sion, for lack of payment of such lot and charge, to decree 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 or persons for term of years, term of life, in fee-simple or in tail, for payment of the same lot and charge, that then every such decree and ordinance so by them made and ingrossed in parchment, and certified under their seals into the King's Court of Chancery, with the King's royal assent had to the same, shall bind all and every person and persons, that at the making of the same decree had any interest in such lands, tenements, or hereditaments, in use, possession, reversion, or remainder, their heirs and feoffees, and every of them, and not to be in any wise reformed, unless it be by authority of Parliament hereafter to be summoned and holden within this realm.