[Laws of ] The TEMPORAL GOVERNMENT. [the Market.]309

[Laws of ] The TEMPORAL GOVERNMENT. [the Market.]

Town. The second time shall have Judgment of the Pillory. The third time, shall be Imprisoned and make Fine; and the fourth time shall Abjure the Town. This Judgment shall be given upon all Forestallers, and those that give them Counsel, Help or Favour.

Forestallers of Wines, or other Victuals, Wares and Merchandizes, that come to the Towns of England by Land or Water, attainted at the Suit of the King or Party, before Mayor, Bailiff or Justices thereto assigned, or elsewhere in the Kings Court, or at the Kings Suit, by Indictment or other manner, shall forfeit, if the Buyer hath made Gree to the Seller, the things Forestalled to the King; if he made not Gree, but by Earenst, the value of the Forestalled Goods computed as he bought them. And in default thereof, two years Imprisonment and more, at the Kings Will, without Mainprize or other Deliverance. If attainted at the Suit of the party, the party to have a Moiety.

25. E. 3 Stat. 4. cap. 3. confirmed per Statute 2.

R. apud Rostal. Stat. Edit. 1618. fo. 132, 133. 5 & 6 E 6 cap. 14.

§. 1.

Every person or persons that shall buy, or cause to be bought, any Merchandize, Victuals or other thing, coming by Land or Water toward any Market or Fair to be sold therein, or toward any City to be sold; or bargain, contract or promise, for having or buying them, or any part of them, before they be in the Market, &c to be sold; or make any motion by Word, Letter, Message or otherwise, for inhancing the Price; or disswade any person coming to the Market or Fair, not to convey them to any Market, &c. shall be adjudged a Forestaller.

A Forestaller.

Any person that by any means, in any Fair or Market, shall get in his Hands or Possession, any Corn, Wine, Fish, Butter, Cheese, Candles, Tallow, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pidgeons, Conies, or any other Dead Victuals brought into any Fair or Market, and sell the same in any Fair or Market kept in the same place, or within four Miles thereof, shall be taken for a Regrator.

§. 2.

A Regrator.

Any Person that by Buying, Contracting or Promise taking, (other than Demise, Grant or Lease of Land or Tythe) shall ingross or get into his Hands, Corn growing, or any other Corn or Grain, Butter, Cheese, Fish, or any other Dead Victuals, to sell them again, shall be taken an unlawful Ingrosser.

§. 3.

An Ingrosser.

This Act shall not restrain any Fishmonger, Butcher, Poulterer, Innholder, or Victualer, from buying any thing concerning their several Mysteries or Tradings, (otherwise than by Forestalling) they Retailing the same at reasonable prices.

§. 7.

Punishment of these Offenders.


FOR the first Offence, Imprisonment for two Months without Bail or Mainprize, and Forfeiture of the value of the Goods: Second Offence, Imprisonment for Half a year without Bail or Mainprize, and Forfeiture of double the Value of the Goods: Third Offence, Pillory on the place of his Abode, Forfeiture of all his Chattels, and Imprisonment during the King's pleasure. One Moiety of these Forfeitures to the King, the other to the Prosecutor, in any Court of Record, by Bill, Plaint, Action of Debt or Information. Sued within two years next after the Offence committed, wherein no Wager of Law, Essoin, or Protection shall be admitted.

5 & 6 E. 6. c. 14. §. 4, 5, 6, 9, 14.

Justices of Peace in Sessions may hear and determine the aforesaid Offences by Inquisition, Presentment, Bill or Information, or Examination of two Witnesses; and exact one Half of the Forfeitures to the use of the King, and cause the other Half to be levied to the use of the Prosecutor, by Fieri facias or Capias; and when the Prosecution shall be at the King's Suit only, to exact the whole to the King's use.

§. 10.

No man shall Forestal any Victuals, as to Buy in any Inn or other private place, or coming to the Market, under pain of Forfeiture of the same, whether it be found in the Hands of the Buyer or the Seller: And no Innholder shall suffer any thing to be sold in his House under pain of 40s.

Ex Libro Civ. Lond. cui Titulus, THE LAWS OF THE MARKETS.

No man shall Regrate any Victuals in the Markets, such as be known for Hucksters, or other People getting their Living by such Victuals as they would so Regrate, under pain of Forfeiture of the Victuals so Regrated.

No Unwholsome or Stale Victuals shall be sold, under pain of 40s. and Forfeiture of the same Victuals.

Every Country Butcher, Poulterer, Country Farmer, Victualer, Lader or Kidder, (except Butchers and Poulterers that keep Shops in the City or Liberties, or within two Miles distant of the same) may use such Standings, Stalls or Places, in each respective Market, as shall be provided for them, and there Sell and put to open Sale their Beef, Mutton, Veal, Lamb, Pork, Bacon, and other Butchery or Poultry Wares, or other Country Provisions, on Mondays, Wednesdays and Fridays Weekly, from six in the Morning to eight in the Evening, and on Saturday from six in the Morning till ten at Night, and not otherwise; and so long only as they shall furnish the said Markets, &c. with wholsom Flesh Victuals and Provisions in his and their own Right, and not as Servant or Servants, or otherwise, in behalf of any others.

Act of Com. Council made 17 Sept. 1674. in Hooker's Maioralty.

No Butcher or Poulterer, residing in London or Liberties, or within two miles of the same, shall Sell or expose to Sale any Butchery or Poultery Wares, or any other Provisions whatsoever in any the said Markets, on any Friday throughout the year, on pain of Forfeiture of 10s. for every Offence.

The Market-Bell in each Market shall ring every Market-Day at six in the Morning, for Housekeepers and others, that are not Retailers of Victuals, to buy their Provsions, and at ten in the Forenoon for Retailers, then and not before, upon penalty of Forfeiture of 40s. to buy and carry away what Provisions they need, and at eight in the Evening, (except Saturday) and then at ten at Night, for raising the Market: And those that Sell or expose to open Sale before Ringing at the said Hour of six, shall be proceeded against as Forestallers of the Market, or after Ringing at the said Hours in the Evening, for every Offence shall forfeit 20s. The Markets being principally Instituted, that Housekeepers and others, who Buy for their own use, to be spent in their Families, may provide in the Morning at best hand, and pay moderate Rates for Provisions.

The better to prevent the Vending of Unwholsome Victuals, no person shall bring into any the said Markets after three in the Afternoon, of any Saturday, any Flesh-meat, or other Victuals or Provisions, upon penalty of Forfeiture of 20s.

No person shall Sell or expose to Sale, by way of Hawking, or otherwise, Beef, Mutton, Lamb, Veal, Bacon, Pork, Poultry, Butter, Cheese, Fish, Meal, Bread, or any other Victuals or Provisions under any Private Stall, or at any Tavern Door, or in any Private House, Lane, Alley, Inn, Warehouse, Street, Stall, Common Passage, or any other Place, in London or Liberties thereof, but only in his open Shop, or in the publick Market-place, in Market time only, as before appointed, upon penalty of Forfeiture of the Goods so exposed to Sale, according to the Ancient Custom of London, to the use of the poor Prisoners, in such Prisons in London as the Mayor shall direct.

Punishment of those who Sell, or expose to Sale, out of Market Place and Time.

No person shall buy or cause to be bought, Victuals or other things coming to London or Liberties, or to any the Common Markets of this

Punishment of Forestallers and Regrators.