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Dalton's The Country Justice, 1690
Volume 153, Page 251   View pdf image (33K)
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Chap. 112.
Weights and Measures.

and partly from the abuse of divers Corporate Towns, and other Priviledged
Places or Liberties, where they by usurped Custom (without any
good warrant of Law) have used to have, and to buy by such Measures.  And
where the Clerk of the Market for the King hath forborn or neglected
to meddle, in regard perhaps of their Corporation, Liberty, or some other
respect.  But this abuse two Justices of Peace (the one being of the Quorum)
may reform, sc.  Two Justices of Peace of the County, where there be no
Justices of Peace within that Corporation, &c.

251
    Also the Clerk of the Market for the Kings House may reform this in
all places within the Verge, 27 H. 8. c. 24.
    §. 17.
Clerk of
the Market
    And yet by the words of the Statutes of 25 E. 3. c. 10. & 34 E. 3. c. 6.
the Rents and Farms of Lords, shall be measured by such Measures as they
were wont to be, whether it were by heaped measure, or greater measure
than the Statute appointeth.
his Office.
    And note, That the Clerk of the Market shall carry with him all his
Weights and Measures signed according to the Standard of the Exchequer,
16 Rich. 2. c. 3.  And the Justices of Peace may, yea, ought, for to fit with
the Clerk of the Market at his coming into the Country, &c.
      Sir Francis Harvey hath often delivered in his Charge at Cambridge Assizes,
these directions, sc.  That one Justice of Peace at the least, ought to
fit with the Clerk of the Market, to see that the Kings Subjects be not
wronged.  And that the Clerk of the Market ought to have with him his
directions out of the Exchequer.  And that he may take no Mony for any
Bills, &c, and that he ought to Seal no Bushel, or other Measures or
Weights, but once (and not yearly as they use to do:)  And that if after
the first sealing, he shall take any thing for the sealing thereof again, or
for the shewing thereof, &c. it is Extortion; yea, it is one of the greatest
oppressions (saith he) for that it concerneth almost all men.
    It was resolved Nemine contradicente by all the Justices, M. 39 & 40
El. That if the Clerk of the Market claim Fees for examining and seeing
any Bushels or other things before sealed, the same was a great Extortion,
and no Fee is due unto him; therefore, for such seeing and examining is
to no other end than to find and discover abuses in Weights and Measures.
And those that they find false, their duty is to damn and reform them, and
upon lawful Presentments to punish the Offenders by Americiaments, which
belong to the King.  And this agrees with the Statute of 13 R. 2. cap. 4.
And if such use hath been through Covetousness or Greediness of corrupt
Officers, that use may not make a Law.  Which Case you may see Moor
Rep. p. 523.
    The Clerk of the Market's duty is to take Charge of the King's Measures,
and to keep the Standard of them, that is, The Examples and Patterns of
all the Measures that ought to be throughout the Realm, as of Ells, Yards,

Quarts, Pottles, Gallons, &c. of Weights, Bushels, and such like, and to see
that all Measures in every place be answerable to the said Standard or Pattern,
Flet. 1. c. 8, 9. &c.  And he is to have with him, when he goeth to assay Weights
and Measures signed according to the Standard, and none other his Weights
and Measures,
16 R. 2. c. 3.
    For the Assize of Bread, I refer you to the Books made for the Assize
thereof, and will only set you down some short Observations therein.
    §. 18.
Bread.
    1.  All sorts of Bread ought to be weighed by Troy weight.
    2. Post septem dies, panis non pondereiur.
    3.  The Bakers shall not sell to any Victualler, &c. to be retailed, but
only Thirteenth penny worth for Twelve pence, as well Mans Bread as
Horse Bread.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 251   View pdf image (33K)
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