Weights and Measures Act 1491

'''11 Henry VII. c. 4. — The Names of the Cities and Towns limited for the keeping of Weights and Measures.'''

PRAYEN the Commons in this present Parliament assembled, That where divers acts, statutes, and ordinances, in the times of the noble progenitors and predecessors of our now sovereign lord the King have been made, That one measure and weight should be used throughout this noble realm ; and also, That in every city, borough, and town within the said realm, upon certain and several pains in the said statutes and ordinances limited, should be a common balance, with common weights, and common measures, marked according to the estandard of the Exchequer ; by the which, and other like balance, weights and measures marked according to the said estandard, all men should buy and sell, for the avoiding of all fraud and discord in that behalf to be used ; which Acts, statutes and ordinances have not been observed and kept, as now in this present Parliament it hath been openly by divers persons. of divers parties of this realm remembered, to the great hurt and vexation of divers and many of the King's subjects of this his realm : For remedy whereof be it of the abundant grace of our most gracious sovereign lord, by the assent of the Lords Spiritual and Temporal, and by the Commons, in this present Parliament assembled, and by authority of the same, enacted and established, That unto the knights and citizens of every shire and city, assembled in this present Parliament, barons of the cinque ports, and certain burgesses of burgh towns, before they depart from this present Parliament, be delivered one of every weight and measure, which now our sovereign lord hath caused to be made of brass, for the commonwealth of all his subjects and lieges within his realm of England, according to the King our sovereign lord's standard of his Exchequer of weights and measures, as they be in the Exchequer of our said sovereign lord; and that the said knights, citizens, and burgesses, to whom the said weights and measures shall be delivered, as is aforesaid, surely convey, or cause the same to be conveyed on this side the feast of Easter next coming, by the said citizens to their cities, and by the said knights unto such borough, or town corporate, or market town within the shire for which they be elected, as is specified and contained in a schedule unto this present bill annexed, there to remain for ever in the keeping of the mayor, bailiff or other head officer for the time being, of the same city, borough, or town, as the King's standard of weight and measure. And that the inhabitants of all cities, boroughs, and market towns within every of the said shires, shall on this side of the feast of the nativity of Saint John Baptist next coming, make or cause to be made, common measures and weights, according to the weights and measures abovesaid, to remain within the said cities, boroughs, and market towns, and every of them ; and the same weights and measures to be viewed, examined, printed, signed, and marked by the mayor, bailiff, or other head officer, in whose possession the aforesaid standard shall remain ; and that every of the aforesaid mayor, bailiff, or head officer, having the said weights and measures signed and printed under the sign and print for the same, with a letter H. crowned, have authority and power to make, sign, and print like weights and measures unto every of the King's lieges and subjects, duly requiring the same, taking for marking of every bushel 1d. And that from the said feast of the nativity of St. John Baptist, no merchant ne other person or persons, within any city or market town, buy ne sell with any weight or measure, except it be marked, signed, or printed in manner and form aforesaid, ne any other person or persons out of the said cities, boroughs, and market towns except it be like and equal with the said estandard; and that every person, as well without cities, boroughs, and market towns, as within, buy and sell with a bushel, sealed, signed, or marked after the form, aforesaid, and no otherwise. And that all the mayors, bailiffs, and other head officers of every city, borough, or market town, shall cause twice in the year, or oftner, as they shall think necessary, all weights and measures within the said cities, boroughs, and market towns, to be brought afore them, and to be duly viewed and examined ; And such as they shall upon the said examination find defective, immediately to be broken and burnt, and the party or parties which in that behalf hath offended, and been found defective, shall forfeit for the first time vi. s. viii. d. the forfeiture thereof to be unto the said mayor, bailiff, or any other having jurisdiction and correction in that behalf; and at the second time the said offender likewise to forfeit xiii. s. iv. d. and at the third time likewise to forfeit xx. s. and for further punishment to be set upon the pillory, to the ensample of other:. And that two justices of peace, whereof one shall be of the quorum, have authority, as well by examination as by inquiry, to hear and determine the defaults of the said mayors, bailiffs, or other head officers in that behalf, and also of all buyers and sellers doing contrary to this present Act and ordnance, and to set fine and amerciament upon the offenders by their discretion ; and the said weights and measures, so found defective, to be forfeited and burnt. Be it also enacted, That there be but only viii. bushels rased and stricken to the quarter of corn, and xiv. li. to the stone of wool, and xxvi. stone to the sack. Be it also ordained by authority aforesaid, That the justices of peace abovesaid have authority to make like process against all persons found as is abovesaid defective, and for such fines and amerciaments as upon them shall be assessed, as if they were indicted afore them for breaking of the King's peace. And where by other statutes and ordinances afore limited, it is ordained, That every city, borough, and town that hath a constable, should have common weights and measures scaled, upon penalties in the same limited ; that those penalties in that behalf extend not to any town which is no city, burgh, or market town. Provided alway, That this Act shall not extend, nor be prejudicial to any person selling or buying by water-measure within the ship-board; and that it be by the authority abovesaid enacted, the premisses or any other ordinance afore made notwithstanding, that the said water-measure within the ship board shall only contain five pecks, after the said standard rased and stricken. Provided also, That the examination of defaults abovesaid, and punishment to the offenders of every offence committed hereafter within any of the said five ports, shall be had, done, and administered by the lord warden of the said five ports, or by his lieutenant of the same for the time being, and none other, the premisses notwithstanding. Provided also, That this Act of weights and measures extend not, nor be in no wise hurtful or prejudicial to the prince, within the dutchy of Cornwall, for any weights appertaining and belonging to the coinage of tin within the counties of Cornwall and Devonshire, but that all such weights be used, ordered, demeaned, and corrected, as it hath been used and accustomed before this time, the same Act and ordinance notwithstanding.

The Names of Towns limited for the safe Custody of Weights and Measures according to the King's Standard for the Shires following, as particularly appeareth.