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

56 A.D. 1483. C. 7. Anno primo RICHARDI III 56 the fame Fairs is of Right pertaining a Court of Pipowders, to minifter therein due Juftice in that Party; (2) in which Court it hath ever been accuftomed, That every Perfon coming lawful Remedy of all Manner Contracts, Trefpafles, Covenants, Debts, and other Deeds made or done within any of the faid Fairs during the Time of the faid Fairs, within the Jurifdiction of the fame, and to c be tried by Merchants being at the fame Fairs; (3) which Courts in thefe Days have been mifufed by Stew- ards, Bailiffs, Commiflaries, and other Minifters, hclding and ruling the faid Courts of the faid Fairs for their fingular Profit, holding Plea by Plaints, as well Con racts, Debts, Trefpaffes, and other Deeds done and made out of the Time of the faid Fairs or Fair, and Jurifdietion of the fame, whereof in troth they have no Jurifdiaion, furmifing the Contracts, Debts, Trefpaffes, Covenants, or other Deeds to be done within the Time of the Fairs, and within the Jurifdiction of the fame Fairs, where in Troth they were not fo. (4) And fometime upon fained Plaints, by Imagination by evil difpofed Feople, to trouble them to whom they owe evil Will, fome to the Intent to make them to fofe their Fair, and fome to the Intent that they fhould have, for Lucre, favourable Inquefts of Comers to the fame Fairs where they take their Adtions, (5) whereby much People coining Actions, and alfo by Actions of Debts, Trefpaffes, Deeds, and Contracts made and done out of the Time c of the faid Fairs, or Jurifdiction of the fame, contrary to Equity, and good Confcience, whereby the c Lords of the faid Fairs lofe great Profits by the not coming of divers Merchants to their Fairs, which for that Cafe abftain them, and alfo the Commons for that Cafe be worfe ferved of fuch Stuff and Merchan- difes as elfe fhould come to the faid Fairs. (6) pleafe it therefore your Highnefs, the Premiffes confidered, by the Advice and Affent of the Lords Spiritual and Temporal in this your prefent Parliament affembled, and by the Authority of the fame, to ordain, and to eftablifh, That from the Firft Day of May next com- ing, no Steward, Under-Steward, Bailiff, Commiffary, nor other Minifter of fuch Courts of Pipowders, hold Plea upon any Aetion at the Suit of any Perfon or Perfons, without the Plaintiff or Plaintiffs, or his or their Attornics, in Prefence of the Defendant or Defendants (if he or they, or his or their Attornies defire it) make Oath upon the holy Evangelifts, upon the Declaration, that the Contract, Trefpafs, or other Deed comprifed in the fame Declaration, were made or done within the Fair-time of the faid Fair, where he taketh his Action, and within the Bounds and Jurifdiction of the fame Fair. (-) And although the faid Plaintiff or Plaintiffs by their Oath affirm the fame, That the faid Defendant or Defendants be not concluded thereby, but that they may anfwer and plead to the Action, or in Abatement of the Plaints, and to tender an Iflue, that the fame Contract, Trefpafs, or other Deed comprifed in fuch Declaration, whereupon the Plaintiff or Plaintiffs do declare, was not done nor made within the Fair-time and Jurif diction of the faid Fair, but out of the Time of the Fair, or at other Places out of the Jurifdiction of the fame Fair, after the Troth in that Party. II. And if it be fo tried, or that the Plaintiff or Plaintiffs, Form aforefaid, that then the Defendant or Defendants be quite difmiffed and difcharged in that Behalf out of that Court; the Party Plaintiff to take his Advantage at the Common Law, as him feemeth good, this Ordinance notwithftanding III. And that every Steward, Under-Steward, Baillif, Commiffary, ruling any of the faid Courts, that doth the contrary to this Ordinance, fhall for every Default in that Behalf forfeit C. s. the one Half thereof to your Highnefs, and the other Half thereof to him that in that Party will fue his A&tion upon this Ordinance, by Ation of Debt in his own Name; (2) and that Writs of Proclamation in all goodly hafte be directed to every Sheriff of every Shire of England, to make this Or- dinance to be proclaimed in every Part within his Shire, as well within Franchife as without. IV. And that the Ordinance touching Fairs, as is afore faid, fhould endure to the next Parliament, which Ordinance is now expired: (2) And for certain the faid Ordinance is full neceffary and requifite to cendure for ever, and full profitable to all the Commons of this Realm (3) Be it therefore ordained and eftablifhed by the Authority of this prefent Parliament, That the aforefaid Ordinance be and ftand in Vir- tue and Strength, and alway to be executory from the Feaft of the Annunciation of our Lady next coming perpetually after to endure. to fuch Fairs, fhould have to the faid Fairs be grievoufly vexed and troubled by feigned or their Attornies, refufe to be fworn in the or other Place convenient or other Minifter, holding and CA P. VII Who fhall be bound by a Fine levied before the Juftices of the Common Pleas: And Procla- mations made thereof. Anno 13 Ed. . at. 4. Modus levandi Fines. TEM, Whereas it is ordained,* eftablihed, and enatted in a Parliament holden in the Time of the Reign of King EDWARD the Firft, by the Statute De Finibus, that Notes, and Fines levied in the King's 27 Ed. . at. Court before his Juftices, fhould be openly and folemnly read, and that the Pleas in the mean Time fhould .T. 15 Ed. 2. 34 Ed. 3. c. 16. ceafe, and this to be done Two Days in the Week after the Difcretion of the Juftices, as in the fame Sta- 5H.4. c. 14 How often Fines of the greateft Strength to avoid Strifes and Debates, and be a final End and Conclufion, that it be willed tute more plainly appeareth: (2) Our faid Sovereign Lord' the King confidering that Fines ought to be fhall be pro- claimed. Altered by 3 El. c. 2. abridging Pro- of any Lands, Tenements, or other Hereditaments, the fame Fine fhall be openly and folemnly read and and ordained, by the Advice and Aflent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affembled, and by Authority of the fame, That after the ingroffing of every Fine, to be levied after the Feaft of Eafler next coming in the King's Court before the Jultices of the Common Place, clamation A Tranfcript of Proclaimed in the fame Court the fame Term, and in Three Terms of the Year next following the fame the Fine fhall be ingroffing in the fame Court, at Four feveral Days in every Term, (3) and in the fame Time that it is fo fent to the Juf- Not on the Roll. read