| Chap. 160.
36 Ed. 3. 2.
23 H. 6. 12. |
Felonies by Statute.
2. Or having a Commission, shall buy or take
(any thing) in other
manner than is contained in their Warrant or Commission, P. Purv. 19.
Fel. 25. Rast. 350. 36 Ed. 3. cap. 2. |
389 |
P. Fel. 15.
P. Purv. 19. |
3. Or shall take any Carriage in other manner
than is comprised in
their Commission, 36 Ed. 3. 2. P. 19. 23 H. 6.
1, 2. |
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26 Ed. 3.
c. 2.
Rast. 351.
Cromp. 48. |
4. Or having a Commission, shall take and
carry away any thing (above
the value of twelve pence) and to the value of forty shillings or under,
against the Owners will, or not paying for the same presently according
as they can agree with the Seller; or if the Buyer and Seller cannot agree,
then to take any thing without being prized by the Constable and four
Townsmen sworn, and by Indentures sealed by the Purveyor, &c. of the
things so taken, &c. See the Statutes 5 E. 3. 2.
10 E. 3. 1. 25 E. 3. 1.
36 E. 3. 2. 2 H. 4. 14. & 20 H. 6. c.
8. |
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And yet, if it be but of the value of forty shillings
or under, some do
hold, That in this last case the Purveyor shall only lose to the party
grieved
the treble value of his Goods so taken, and his costs and treble damages;
and that it shall be at the election of the Owner of the Goods to recover
his said damages and costs, &c. either against the Purveyor, or against
the
Neighbours, Apprisors, and Towns adjoyning; which being required,
shall not resist the Purveyor or Taker, doing contrary to the Statute.
See
the Statutes 2 H. 4. 14. 20 H. 6. 8. a& 23 H.
6. c. 1 & 2. But Quære, for all
those former Statutes do stand still in force, and be confirmed by these
later
Statutes, and by the Statutes made 2 & 3 Ph. & Ma. c. 6. |
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P. Fel. 25.
P. Purv. 18. |
5. Or shall take more Victuals or Carriages
for the Kings House than
he shall deliver to the same House, 36 Ed. 3. cap. 4.
Fitz. Just. of P.
114. |
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P. Fel. 25.
P. Purv. 9.
25 E. 3. 15. |
6. Or shall take any Sheep with their Wools,
between Easter and Midsummer
at small prices, or more than be sufficient for the Kings House, and
carry them to his own House and shear them, Fitz. Ibid. |
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In every of these Cases it seemeth to be felony
in such Purveyor, their
Deputies and Servants. And yet a Purveyor or Taker, &c. may take
Victual or any such thing, according to his Commission, at reasonable
prizes, to the use of the Kings Majesty, and according to the Statutes,
although it be against the will of the Owner, Br. Purv. 1.
But then he
must take it by the Apprisement of the Constable and four Neighbours,
&c. ut supra. |
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And yet quære, whether the Apprisement
shall be made by the Constables
and four Neighbours, or by the Lords of the Towns, or their Bailiffs;
and also, whether the said Indentures shall be made and sealed between
the Purveyors and Owners, or between the Purveyors and Apprisors, &c.
for therein the said Statutes do somewhat differ. |
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| Co. 8. 146. |
But if a Purveyor shall take any Provision for the
Kings House by force
of his Commission, and shall after sell away the same. Now his first
taking
is become notorious, and he punishable as a Trespasser, if not as a Felon,
ab initio. |
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If the Kings Hunters or Falkners, shall take any
thing against the Owners
will, without paying for the same presently, it seemeth to be Felony,
36 Ed. 3. cap. 5. |
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If the Kings Purveyors, or Takers of Carriage, shall
take any thing
to spare another, they shall be imprisoned of the space of two years, forswear
the Court, and pay treble damages to the party grieved, 36 Ed. 3.
cap. 3. |
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34 E. 3. 2.
36 E. 3. 6.
7 H. 2. 8. |
If any Subjects Caterer, or other Officer, shall
take any Victuals, Corn,
Hay, Carriage, or other thing against the Owners consent, or do not pay |
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L l 3
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