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A23017 Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth; Laws, etc. England and Wales. 1564 (1564) STC 9464.5; ESTC S113166 167,827 188

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same countie to enquire of vpon euery such refusall refusals which Iury shall or may vpon euery such certificat other euidence to them in that behalfe to be geuen by vertue of this Acte proceade to endite the person persons so offendyng in such sort degree to all intentes purposes as the same Iury may do of any offence or offences agaynst the Quenes Maiesties peace perpetrated cōmitted or done within the same Countie of for the which the same Iury is so impanelled AND for stronger defence and maintenaunce of this Act It is further ordeyned enacted established by thaucthoritie aforesayd that if any such offendour or offendours as is aforesayd of the first part or braunche of this estatute that is to say by wrytyng cypheryng printing preaching or teaching dede or acte aduisedly and wyttyngly holde or stande with to extoll set forth maintayne or defend the auctoritie iurisdiction or power of the Bishop of Rome or of his See heretofore claymed vsed or vsurped within this Realme or in any dominion or countrye being of within or vnder the Quenes power or obeysaunce or by any speche open dede or acte aduisedly wyttyngly attribute any such maner of iurisdiction auctoritie or preeminence to the sayde See of Rome or to any Bishop of the same See for the time being within this Realme or in any the Quenes dominions or coūtryes or be to any such offendour or offendours abettyng procuryng or counsellyng or aydyng assistyng or comfortyng vpon purpose to the intent to set forth further extoll the said vsurped power auctoritie or iurisdiction after such conuiction attendour as is aforesayd do eftsones commit or do the sayde offences or any of them in maner and fourme aforesayd and be therof duly conuicted attainted as is aforesaid and also that if any the persons aboue named and appoynted by this Acte to take the othe aforesaide do after the space of three monethes next after the first tendour therof the second tyme refuse to take pronounce or do not take or pronounce the same in fourme aforesaid to be tendered that then euery such offendour and offendours for the same second offence offences shall forfait lose and suffer such lyke and the same paynes forfaitures iudgement and execution as is vsed in cases of hygh treason Prouided alwayes that this Act nor any thyng therin conteined nor any atteindour to be had by force vertue of this Act shall not extende to make any corruption of bloud the disherytyng of anye heyre forfaiture of dower nor to the preiudice of the ryght or tytle of any person or persons other then the ryght or tytle of the offendour or offendours duryng his her or theyr naturall lyues only And that it shall and may be lawfull to euery person and persons to whom the ryght or interest of any landes tenementes or hereditamentes after the death of any suche offendour or offendours should or myght haue apperteyned yf no such atteyndour had ben to enter into the same without any Ouster le mayne to be sued in such sort as he or they myght haue done if this Acte had neuer ben had ne made Prouided also that the othe expressed in the saide Acte made in the sayde fyrst yere shal be taken and expounded in such fourme as is sette forth in an admonition annexed to the Quenes Maiesties Iniunctions publyshed in the fyrste yere of her Maiesties reigne that is to saye to confesse and acknowledge in her Maiestie her heyres and successours none other auctoritie then that was challenged and lately vsed by the noble king Henry the eyght and king Edwarde the sixt as in the sayde Admonition more playnely may appeare And be it enacted by the auctoritie aforesayde that this Acte shal be openly read and publyshed and declared at euery quarter Sessions by the Clarke of the peace and at euery Lete and Laweday by the Stewarde of the Court and once in euery Terme in the open hall of euery house and houses of Court and Chauncery at the tymes and by the persons thervnto to be limitted and appoynted by the Lorde Chauncelour or keper of the great Seale for the tyme beyng And be it further enacted that euery person whiche hereafter shal be elected or appoynted a Knyght Citezin or Burgesse or Baron for any of the fiue portes for any Parliament or Parliamentes hereafter to be holden shall from henceforth before he shal enter into the Parliament house or haue any voyce there openly receaue and pronounce the sayde othe before the Lorde Steward for the tyme beyng or his deputie or deputies for that tyme to be appoynted And that he which shall enter into the Parliament house without takyng the sayde othe shal be demed no Knyght Citezin Burgesse nor Baron for that Parliament nor shall haue anye voyce But shal be to all intentes constructions and purposes as yf he had neuer ben retourned nor elected Knyght Citezin Burgesse or Baron for that Parliament and shall suffer such paynes and penalties as yf he had presumed to sytte in the same without election retourne or auctoritie Prouided alwaye that forasmuch as the Quenes Maiestie is otherwyse sufficiently assured of the faith and loyaltie of the Temporall Lordes of her hygh court of Parliament therfore this Act nor any thyng therin conteyned shall not extende to compell any Temporall person of or aboue the degree of a Baron of this Realme to take or pronounce the othe abouesayde nor to incurre any penaltie limitted by this Acte for not takyng or refusyng the same Any thyng in this Acte to the contrary in any wyse notwithstandyng Prouided and be it enacted by the aucthoritie aforesayde that charitable geuyng of reasonable almes to any of the offendour or offendours aboue specified without fraude or couin shall not be taken or interpreted to be any such abetment procuryng counsellyng aydyng assisting or comfortyng as therby the geuer of such almes shall incurre any payne penaltie or forfaiture appoynted in this Acte Prouided also and be it enacted by thaucthoritie of this present Parliament that yf any peere of this Realme shall hereafter offende contrary to this Acte or any braunch or article thereof that in that and all such case cases they shal be tryed by theyr peeres in such maner and fourme as in other cases of treasons they haue vsed to be tryed and by none other meanes Prouided also further be it enacted that no person shal be compelled by vertue of this Acte to take the othe aboue mentioned at or vpon the seconde tyme of offering of the same accordyng to the fourme appointed by this statute except the same person hath ben is or shal be an ecclesiasticall person that had hath or shal haue in the tyme of one of the reignes of the Quenes maiesties most noble father brother or syster or in the time of the reigne of the Quenes Maiestie her heyres or successours charge cure or office in the Church or such
person or persons as had hath or hereafter shall haue any office or ministery in any Ecclesiasticall Court of this Realme vnder any Archbishoppe or Bishoppe in any the tymes or reignes aforesayde or such person or persons as shall wylfully refuse to obserue the orders rites for diuine seruice that be aucthorised to be vsed obserued in the Church of England after that he or they shal be publikely by the Ordinary or some of his officers for ecclesiasticall causes admonished to kepe and obserue the same or such as shall openly aduisedly depraue by wordes writinges or any other open facte any of the Rites Ceremonies at any tyme vsed aucthorised to be vsed in the Church of Englande or that shal say or heare the priuate Masse prohibited by the lawes of this Realme and that all such persons shal be compellable to take the othe vpon the seconde tender or offer of the same and incurre the penalties for not takyng of the sayde othe and none other AND forasmuch as it is doubtfull whether by the lawes of this Realme there be any punishment for suche as kyll or slea any person or persons attainted in or vpon a premunire Be it therefore enacted by aucthoritie aforesaid that it shall not be lawfull to any person or persons to slea or kyll any person or persons in any maner attaynted or hereafter to be attaynted of in or vpon any premunire by pretence reason or aucthoritie of any iudgement geuen or hereafter to be geuen in or vpon the same or by pretence reason or force of any worde or wordes thing or thinges conteyned or specified in any statute or lawe of prouision premunire or in any of them Any law or statute or opinion or exposition of any lawe or Statute to the contrary in any wyse notwithstandyng Sauyng alwayes the due execution of all and euery person and persons attaynted or to be attaynted for any offence wherevpon iudgement of death nowe is or ought to be or hereafter may lawfully be geuen by reason of this Statute or otherwyse And sauyng alwayes all and euery such payne of death or other hurte or punishment as heretofore might without daunger of law be done vppon any person or persons that shall sende or bryng into this Realme or any other the Quenes dominions or within the same shall execute any summons sentence excommunication or other proces agaynst any person or persons from the Byshop of Rome for the tyme beyng or by and from the See of Rome or thaucthoritie or iurisdiction of the same See Prouided alwayes and be it enacted by the aucthoritie aforesayde that no person or persons shall hereafter be endyted for assisting aydyng mainteynyng comfortyng or abettyng of any person or persons for any the said offences in extollyng settyng forth or defending of the vsurped power and aucthoritie of the Bishop of Rome vnlesse he or they be therof lawfully accused by suche good and sufficient testimony or profe as by the Iurye by whom he shall so be endyted shal be thought good lawfull and sufficient to proue hym or them gylty of the sayde offences ¶ An Act for the maintenaunce and encrease of Tyllage The .ii. Chapter FOrasmuch as the Statute made in the fourth yere of the raigne of the late prince of worthy memorye Kyng Henry the seuenth for the kepyng vp of houses of husbandry and one other Statute made in the .vii. yere of the raigne of the late Kyng of moste famous memory Kyng Henry the eyght entituled an Acte to auoyde lettyng downe of Townes and also one other Acte made in the .xxvii. yere of the reigne of the same late kyng Henry the eyght entituled an Acte concerning the decay of houses and inclosures are very good and profytable lawes for the common wealth of this Realme It is therefore ordeyned and establyshed by the Quene our Soueraigne Ladye with the assent of the Lordes Spirituall and Temporall and the commons in this present Parliament assembled and by the aucthoritie of the same that the sayde Actes and euery of them and euery braunche and article in the same and euery of them conteyned shall from henceforth be put in due execution and remayne and continue in force for euermore And also where by an Acte made in the .xxvii. yere of the reigne of our sayde late Soueraigne Lorde Kynge Henry the eyght whereby diuers sundrye religious houses of Monkes Channons and Nunnes whiche myght not dispende in landes tenements and hereditamentes aboue the clere yerely value of two hundreth poundes were geuen to the sayde late Kynge Henry the eyght his heyres and successours for euer It is among other thynges enacted and ordeyned that all and singuler persons and bodyes polytyke and corporate to whom the sayde late kyng Henry the eyght his heyres or successours after the makynge of the same Acte shoulde geue graunt lette or demyse any Scite or precincte with the houses thervppon buylded together with the demeanes of any Monasteries Priories or other religious houses that shoulde be dissolued or geuen to the sayde late kyng Henry the eyght by that Acte and the heyres successours or assignes of euery suche person bodye polytyke and corporate shoulde kepe or cause to be kepte an honest contynuall house and householde in the same Scite or precincte and shoulde occupye or cause to be occupyed yerelye as much of the demeanes in ploughyng and tyllyng of husbandrye that is to saye as muche of the sayde demeanes whiche then were commonlye vsed to be kepte in tyllage by the Gouernours Abbottes or Pryours of the same houses Monasteries or Priories or by theyr fermour or fermours occupying the same within the tyme of twentie yeres nexte before that Acte vppon payne to forfayte to the kynges hyghnesse for euery moneth so offendynge .vi. li. xiii s. iiii d. to be recouered to his vse in anye of his Courtes of Recorde And ouer that by the same Statute it is enacted that all Iustices of peace in euery Shyre where any suche offence should be committed and done contrary to the true meanyng intent of that Acte or statute shoulde in euery quarter and generall Sessyons within the limittes of their Cōmission enquire of the premisses and shoulde haue full power and aucthoritie to heare and determine the same and to taxe and assesse no lesse fine for euery the sayde offences then is before limitted for the sayde offence and estreates therof to be made and certified into the Kynges Exchequer accordynge and at suche tyme and fourme as other estreates of fynes issues and amerciamentes bee made by the same Iustyces as by the same Acte more at large doth appeare Whiche parte of the sayde Acte concernyng kepynge of house and householde in the sayde Scites and precinctes and occupying of such demeanes of the same in tyllage as is aforesayde then was and yet is thought very beneficiall to the common wealth and moste nedefull to be put in due execution BE IT therefore enacted by the aucthoritie
seller of any suche Sea fishe so taken as is aforesaid to withstand any person that will by any colour of purueying or otherwise demaunde any suche fyshe or the tolle of any suche fishe without the good will of the owner or seller as aforesaid Prouided that the fyshe called Composition fishe heretofore graunted to the Quenes Maiestie by the subiectes of this Realme trauelyng into Iseland shal be taken by her Maiesties officers and purueyours in suche sorte as the same hath ben lawfully vsed to be taken before the making of this acte and sauing to the Quenes Maiestie her heires and successours and to all other persons suche fyshes as be knowen and vsed to be called Regal fishes wherunto her Maiestie or the saide other persons haue or shall haue right or interest for suche recompence as heretofore hath ben accustomed And be it further enacted by the aucthoritie aforesaid that from the said first daye of Aprill which shal be in the yere of our Lord God M.D.lxiiii it shal not be lawfull to any person or persons to bye of any straūger borne out of the Quenes Maiesties obeysaunce or out of any straungers bottome any hearringe beinge not sufficiently salted packed and Casked vpon paine to euery person and persons so bying to forfeyte the hearringes so by hym or them to be bought or the value thereof Prouided alwayes that this braunche of this acte shal not extende to any hearringes to be bought which by reason of shipwrack shal be brought into this Realme but that it shal be lawfull to al and euery person and persons to bye all such hearringes so brought in by Shipwrack as aforesaide as he or they lawfully might haue done before the makyng of this acte Any thing in this acte conteyned to the contrary in any wise notwithstanding Be it also further enacted by the aucthoritie aforesaid that from the feaste of saint Iohn Baptiste nexte ensuinge it shall not be lawefull to any person or persons to cause to be loden and caried in any bottom or bottoms wherof any straunger or straungers borne then be owners ship maisters or parte owners any kynde of fishe victual wares or thinges of what kynde or nature so euer the same shal be from one Porte or creke of this Realme to an other porte or creke of the same Realme vpon payne to euery one that shal offende contrary to the true meanynge of this braunche of this present Acte to forfeyt all the goods so laden or carryed or the value therof And that from hencefourth al Englishe hoyes plates may crosse the Seas as farre as Cane in Normandy and Estward as farre as Norwey the statute made in the firste yere of the Quenes Maiesties reigne to the contrary hereof notwithstanding And forasmuch as there is much deceiptful packing vsed in Codde and Lynges brought in Barrelles or other caske into this Realme Be it therefore enacted by the aucthoritie aforesaide that from and after the first daye of Aprill in the yere of our Lorde God M.D.lxiiii it shall not be lawfull to any person or persons to bringe into this Realme any Codde or Lynges in barelles or other caskes but louse in bulke and by tale to be solde within this Realme vpon paine for euery one that shall offende contrary to the tenour hereof to forfaite all the Codde Lynges so to be brought in or the value therof And be it further enacted that from the feast of S. Michaell tharchaungell next following no person of persones whatsoeuer shal bring into this Realme of Englande or anye parte of the same anye wyne commynge out of any of the dominions or countries belonging to the Crowne of Fraunce or any woade called Tholosse woade in anye other vessel or vesselles but onlye in suche vessell and vesselles wherof some Subiect or Subiectes of the Quenes Maiestye her heires or Successours shal be then onely owner or part owner vpon payne to forfayt al wynes and woade brought contrary to the meanyng hereof accordinge to the meaninge of an Estatute made in the time of the reigne of King Henry the seuenth concerninge wine of the Duchie of Gascoyn and Guyon Except that there may be brought into Wales or any porte within the Countye of Monmouth Rochell wines Be it also enacted by the aucthoritie aforesaid that from henceforth it shal be lawful to all euery owner owners of shippes or vesselles and to euery houshoulder vsinge exercisynge the trade of the Seas by fyshinge or otherwise and to euery Gonner or Gonners commonlye called Canoners and to euery Shipwright to take and kepe one or more apprentice or apprentices to be brought vp in the said trade or trades euery of the same apprentice or apprentices to be to them bounde for tenne yeres or vnder And euery apprentice so taken being aboue vii yeares of age shall be by the same couenauntes bounde ordered and vsed to all ententes accordinge to the custome of the Citye of London so that the same couenaunt or bonde of Apprentishippe be made by writinge indented and enrolled in the towne where the same apprentice shal be then inhabited if it be a towne corporate and yf the towne be not encorporate then to be enrolled in the next towne encorporate to the habitacion of euery suche Apprentice And that the officers of euerye suche towne corporate shall take for euery suche enrolement not aboue xii.d Anye lawe statute or other matter whatsoeuer to the contrarye notwithstandinge And be it further enacted that so muche of the Statute made in the .v. and .vi. yeares of the late Kinge Edwarde the .vi. intytuled An act against Regrators forestallers and Ingrocers And so much of all other Estatutes againste all Regratours forestallers and Ingrocers as doth and maye concerne the byinge of Sea fishe vnsalted or mudde fyshe or anye wine oyle or salte to be taken and brought in anye Englishe subiectes Shippes Crayers or other vessell vnto anye porte creeke or place of this Realme shall from henceforth to all ententes constructions and purposes be vtterlye repelled and voyde for so muche of the saide oyles wine Sea fyshe mudde fyshe and salte as any Byer or Byers vppon the Sea by waye of forstallynge or regratinge shall or doe bringe and discharge in anye porte or hauen within this Realme And for encrease of prouision of fishe by the more vsuall and common eatinge therof Be it further enacted by the aucthoritie aforesaide that from the feaste of Saint Michael The Archaungel in the yeare of our Lorde God M.D. three score and foure euerye Wednesdaye in euerye weke throughe the whole yeare which heretofore hath not by the lawes or customes of this Realme bene-vsed and obserued as a fyshe daye and whiche shall not happen to falle in Christmas weke or Easter weke shal be hereafter obserued and kept as the Saterdayes in euery weke be or ought to be and that no maner of person shall eate anye fleshe on the same daye otherwyse then oughte to be vppon
for searching sealing registring of leather as by this Acte is prescribed appoynted vpon the paynes herein conteyned Any thing therin conteined to the contrary herof notw tstanding And for the aduoydyng of all ambiguities and doubtes which may and do growe vpon the definition and interpretation of this worde Leather It is enacted and declared by these presentes that the hydes and skynnes of Oxe Stere Bull Cowe Calfe Deare red and fallowe Goates and Shepe being tanned or tawed and euery salt hyde is shal be and euer hath ben reputed and taken for leather And for the better execution of this present Acte be it further enacted that all Iustices of Assise Iustices of gaole delyuery Iustices of peace and Stewardes of frauncheses leetes and lawedayes within theyr seuerall precintes iurisdictions and liberties and Maior of London for the tyme beyng within the sayde Citie and within three myles compasse of the same Citie and all other Maiors Baylyffes and other head officers of Cities Boroughes and Townes within theyr seuerall iurisdictions liberties precinctes offices and aucthorities shall enquire of all the premisses in theyr sessions leete or lawe daye and heare and determine the same and also by theyr discressions examine all persons suspected to offende this Acte or any parcell therof And be it further enacted that where any manour libertie or fraunches immediatly appertayneth or shall appertayne to the Quenes Maiestie her heyres or successours the Stewarde for the tyme beyng of euery such manour libertie and fraunches shall haue the lyke aucthorities powers iurisdictions and aduauntages and also shall beare and pay all the lyke paynes penalties and forfaitures as are geuen appoynted limitted or layde by this estatute to or vpon the Lordes of liberties and frauncheses as in this statute is expressed And be it declared and enacted that all currying and dressyng of leather commonly called drye currying and freesyng shal be construed to be dressing and currying after the maner of Spanishe leather of what colour soeuer it be and that to all artificers other then Shoemakers yerely betwene the last of September and the xx of Apryll it shal be lawefull to vse all kyndes of leather dressed and curryed in that maner of drye currying and freesyng as they lawfully myght before the makyng of this Acte so that the same leather so to be vsed be well and sufficiently tanned accordyng to the fourme prescribed in this Acte and also well substauncially dressed curryed and freesed in the kynde of drye currying and freesyng abouesayde And be it enacted by the aucthoritie aforesayde that this Acte and euery part therof shal be construed and adiudged to extende to Wales as amplye as it doth to this Realme of Englande to all intentes constructions and purposes And forasmuch as notwithstandyng the good lawes and great penalties in that behalfe prouided great quantities of leather are dayly transported out of this Realme and specially by the negligence and corruption of comptrollers customers serchers their deputies Be it therfore enacted by the aucthoritie aforesaid that yf any leather wrought cut or vnwrought to the intent to be sold or bartred shall hereafter vnlawfully be transported or purposed to be transported into the partes beyonde the Sea from and out of any Porte Hauen or Creeke of this Realme or Wales euery Comptroller Customer Surueyour Collectour of tonnage and pondage and Searcher and the deputie of any of them or any other person hearyng or knowyng by any wayes of any leather ment to be transported from any place within his office and do not his best indeuour to sease the same or beyng transported do not disclose or cause to be disclosed the same within .xl. dayes next after suche knowledge or hearyng the same in some courte of Recorde so as the offendour may be punyshed accordyng to the lawes in that case prouided shall for euery the fyrst offence committed agaynst this article forfaite a C.li. and for the seconde offence shall forfait his office And be it further enacted that euery Customer officer or officers deputie that shall make any false certificat of the arriuall of any leather in any Port Creeke or place of this Realme shall also forfait for euery such offence a C.li. Prouided alwaye that neither this Acte nor any article exposition or thyng therein conteyned shall extende to any Scottishe hydes to be brought into the towne of Barwicke out of the Realm of Scotlande beyng registred in a booke therefore to be kepte by suche person or persons as the Maior of the sayde towne for the tyme beyng shall therevnto name and appoynt with the name and surname of the byer and seller to thintent the Englyshe hides maye be knowen from the Scottyshe but that the inhabitauntes of the sayde towne of Barwicke maye sende carry and transport suche Scottyshe hydes as they lawefully myght transport before the makyng of this Acte And forasmuche as the estatutes heretofore made touchyng Cordwayners Curriers Tanners and leather haue ben throughly considered and so muche of them and euery of them as semeth requisite and necessarye to be reuiued and continued is inserted and enacted in this present Acte Be it therefore enacted that the Statutes hereafter mentioned that is to saye one Statute made in the .xxv. yeare of Kynge Edwarde the thirde the fourth Chapter And one other Statute made in the twelfth yeare of the raigne of kyng Richarde the seconde the .xii. Chapter And one other Acte or Statute made in the fourth yere of kyng Henry the fourth the .xxxv. Chapter And one other act made in the second yere of kyng Henry the syxt the .vii. Chapter And one other Acte made in the fourth yere of kyng Edwarde the fourth intituled Cordwayners and Coblers And one other Acte made in the fyrste yere of kyng Henry the seuenth intituled an Act agaynst Tanners and Cordwayners And one other Acte made in the .ix. yere of the reigne of the sayd kyng Henry the seuenth entituled for Curryers and Cordwayners And one other Acte made in the thirde yere of the reigne of our late soueraigne Lorde kyng Henry the eygth intituled an Act for Curryers to haue searche of leather One other Acte made in the fyfth yere of our sayde soueraigne Lorde kyng Henry the eyght entituled an Acte for straungers for bying of leather in open market One other act made in the xiiii or .xv. yeres of our sayd late soueraigne Lord intituled an Act concernyng the libertie of Cordwayners and Shoemakers And one other act made in the .xxii. yere of our sayde soueraigne Lorde kyng Henry the eyght intituled an Acte concernyng Tanners and Butchers And one other Acte made in the .xxiiii. yere of our sayd late soueraigne Lorde kyng Henry the eyght intituled an Acte concernyng true tannyng and currying of leather And one other Acte made in the second and third yeres of the reigne of our late soueraigne Lorde kyng Edwarde the syxt the .ix. Chapter and reuiued in the fyrste yere of our soueraigne Lady the Quenes
to haue any goodes or cattelles to the value of twentie poundes that then he or they to be set on the pyllorye in some market place within the Shire Citie or Borough where the saide offence shal be committed by the Sheriffe or his ministers yf it shall fortune to be without any Citie or Towne corporate And yf it happen to be within any such Citie or Towne corporat then by the said head officer or officers of such citie or towne corporate or by his or theyr ministers and there to haue both his eares nayled and frō thenceforth to be discredited and disabled for euer to be sworne in any of the courtes of Recorde aforesayde vntyll suche tyme as the iudgement shal be reuersed and therevpon to recouer his damages in maner and fourme before mentioned The one moitie of all which sūmes of money goodes cattelles to be forfaited in maner and fourme aforesayde to be to the Quene our soueraigne Lady her heyres successours thother moitie to such person or persons as shal be grieued hyndered or molested by reason of any the offence or offences before mentioned that wyll sue for the same by action of debte byll playnt information or otherwyse in any of the Quenes Maiesties courtes of Recorde in the which no wager of lawe essoigne protection or iniunction to be alowed And be it also enacted by the aucthoritie aforesayde that aswell the Iudge and Iudges of euery such of the said courtes where any suche suite is or shal be and whervpon any such periury is or shal happen to be committed as also the Iustices of Assises and gaole delyuery in theyr seuerall circuites and the Iustices of the peace in euery Countie within this Realme or in Wales at their quarter Sessions both within the liberties and without shall haue full power and aucthoritie by vertue hereof to enquire of all euery the defaultes and offences perpetrated committed or done contrary to this Acte by inquisition presentment byll or information before them exhibited or otherwyse lawfully to heare and determine the same and therevpon to geue iudgement awarde proces and execution of the same accordyng to the course of the lawes of this Realme And be it further enacted by the aucthoritie aforesayde that the Iustices of Assise of euery circuite within this Realme and els where within the Quenes dominions shal in euery countie within theyr circuites two tymes in the yere that is to saye in tyme of theyr syttynges make open proclamation of this estatute or of the effect therof to thintent no person or persons shal be ignoraunt or miscognisaunt of the penalties herein conteyned Prouided also that this Acte nor any thyng therein conteyned shal not extende to any spirituall or ecclesiasticall court or courtes within this Realme of Englande or Wales or the marches of the same But that all and euery such offendour or offendours as shal offende in fourme aforesayde shall and may be punyshed by suche vsuall and ordinary lawes as heretofore hath ben and yet is vsed and frequented in the sayde ecclesiasticall Courtes Any thyng in this present Acte conteyned to the contrary in any wyse notwithstandyng Prouided also and be it further enacted by thaucthoritie aforesayde that if any person or persons vpon whom any proces out of any of the courtes of Recorde within this Realme or Wales shal be serued to testifie or depose concernyng any cause or matter dependyng in any of the same courtes and hauyng tendred vnto hym or them according to his or their countenaunce or callyng suche reasonable summes of money for his or theyr costes charges as hauyng regarde to the distaunce of the places is necessary to be alowed in that behalfe do not appeare accordyng to the tenour of the sayde proces hauing not a lawfull reasonable let or impediment to the contrary that then the partie makyng defaulte to lose and forfait for euery such offence x.li and to yelde such further recompence to the partie grieued as by the discretion of the Iudge of the court out of the which the saide proces shal be awarded accordyng to the losse hynderaunce that the partie which procured the saide proces shall susteyne by reason of the non appearaunce of the saide wytnes or witnesses the said seuerall summes to be recouered by the partie so grieued against the offendour or offendours by action of debte byll plaint or information in any of the Quenes Maiesties courtes of Recorde in whiche no wager of lawe essoigne or protection to be alowed Prouided alwayes y t this Act or any thyng therin conteyned shal not extend in any wyse to restraine the power or aucthoritie geuen by Act of parliament made in the tyme of kyng Henry the .vii. to the Lorde Chauncelour of Englande others of the kinges councell for the time being to examine and punysh ryotes routes heynous periuries and other offences misdemeaninges which Lord Chauncelour other sithens the making of the said act haue most commonly vsed to heare and determine such matters in the Court at Westminster commonly called the Starre chamber nor to restrayne the power or aucthoritie of the Lorde President and councell of the marches of Wales or of the Lorde President and councell in the North nor of any other Iudge hauyng absolute power to punyshe periury before the makyng of this estatute But that they and euery of them shall and may proceade in the punyshment of all offences heretofore punyshable in such wyse as they myght haue done and vsed to do before the makyng of this Act to all purposes so that they set not vppon the offender or offenders lesse punyshement then is conteyned in this Acte This Acte to continue vnto the ende of the next Parliament An Acte to reuiue a Statute made Anno .xxi. H. viii touchyng seruauntes embeaselyng theyr maisters goodes ¶ The .x. Chapter WHERE in the Parliament holden at London the thirde daye of Nouember in the .xxi. yere of the raigne of the late kyng of moste famous and worthye memory kyng Henry the eyght from thence adiourned to Westminster and there holden and continued by diuers prorogations vnto the dissolution therof It was ordeyned enacted amonges other thynges that all and singuler seruauntes to whom any Caskettes Iewels money goodes or cattelles by his or theyr maister or maistres shoulde from thenceforth be delyuered to kepe that yf any suche seruaunt or seruauntes withdrawe him or them from theyr sayde maisters or maistresses go away with the said Caskets Iewels money goodes or cattelles or any parte thereof to the intent to steale the same defraude his or their saide maisters maistresses therof contrary to the trust and confidence to hym or them put by his or theyr sayd maisters maistresses Or els beyng in seruice of his said maisters or maistresses without thassent or cōmaundemēt of his maisters or maistresses embesell the same Caskets Iewels money goodes or cattelles or any part therof or otherwyse conuert
the same to his owne vse with lyke purpose to steale it that yf the sayde Caskettes Iewels money goodes or cattelles that any such seruaunt shall go away with or which he shall embesell with purpose to steale it as is aforesayde be of the value of xl.s or aboue That then the same false fraudulent and vntrue acte and demeanout shoulde from thenceforth be demed and adiudged fellonye and that he or they so offendyng shoulde be punyshed as other fellons for fellony cōmitted by the course of the cōmon law as by the sayd Act amonges other thynges therin conteyned more at large it doth and may appeare Which sayde Acte in the Parliament begon and holden at Westminster the .v. daye of October in the first yere of the raigne of the late Quene Mary and there continued to the .xxi. daye of the same moneth that is to saye in the fyrst session of the same Parliament by the generall wordes of one Acte then and there made entituled an Acte repealyng of certaine treasons fellonyes and premunire was from thenceforth vtterly repealed and made voyde And forasmuch as sithens the repeale of the same the saide Acte is thought necessary for the common wealth of this Realme Be it therfore enacted by our Soueraigne Layde the Quenes Maiestie with thassent of the Lordes spirituall and temporall and the commons in this present Parliament assembled and by the aucthoritie of the same that the saide Act made in the sayde .xxi. yere and euery clause article braunche sentence and prouision therin conteyned be from henceforth reuiued and put in due execution accordyng to thintent and meanyng therof and from henceforth shall stande good endure and continue for euer An Act agaynst the clippyng washyng roundyng or fylyng of the Coynes ¶ The .xi. Chapter Where as the offences of clipping rounding washyng and fylyng of moneys or coynes of this Realme was declared by an Act of Parliament in the tyme of king Henry the fyft to be treason to the Kyng and the Realme and accordyng to the saide Act the same offences were and dyd continue treason vntyll the fyrst yere of the raigne of Quene Mary At which tyme the paynes and penalties due for the sayde offences were abrogate and taken awaye by the generall Acte of repeale then made By reason wherof diuers false and euyll disposed persons perceauyng them selues to be lose and free from the seueritie and daunger of the sayde lawe and penaltie haue ben of late the more hardy and bolde to attempte and practyse for wicked lucre and gaynes sake to diminishe impayre and falsifie the moneys and coynes curraunt within this Realme and the dominions of the same by such clyppyng washyng roundyng and fylyng thereof not onlye to the great dishonour of the Quenes Maiestie our soueraigne Lady that nowe is by whose greate goodnes the newe moneys or coynes of the same are nowe reduced to as much finenesse as euer hath ben in any tyme of her noble progenitours but also to the greate losse and damage of the good subiectes of this Realme and more is lyke to be hereafter yf the same be not spedely met withall For remedy wherof be it enacted declared and establyshed by the aucthoritie of this present Parliament that from and after the fyrst day of Maye next commyng Clyppyng wasshyng roundyng or fylyng for wicked lucre or gaynes sake of any the proper moneys or coynes of this Realme or of the dominions thereof or of the moneys or coynes of any other Realme allowed and suffred to be curraunt within this Realme or the dominions thereof at this present or that hereafter at any tyme shall be the lawfull moneys or coynes of this Realme or of the dominions thereof or of any other Realme and by proclamation alowed and suffred to be curraunt heare by the Quenes Maiestie her heyres or successours shal be taken deemed and adiudged by vertue of this Acte to be Treason and the offendours therein theyr counsaylours consentours and aydours shal be from and after the same fyrste daye of Maye taken deemed and adiudged as offendours in Treason beyng thereof lawefully conuicted or attaynted accordyng to the due order and course of the lawes of this Realme shall suffer paynes of death and lose and forfait all his and their goodes and cattelles and shall also lose and forfait all his theyr landes and tenementes duryng his and theyr naturall lyfe or lyues only And be it further enacted by the aucthoritie aforesayd that all and euery person and persons which haue any lawfull graunt to haue and enioye the forfaiture of landes tenementes goodes or cattelles of offendours and men attaynted in hygh Treason within any Manour Lordeshyp Towne Paryshe Hundrede or other precinct within this Realme of England or Wales shall and may at all tymes hereafter haue lyke libertie to take sease and enioye all such forfaitures of landes tenementes goodes and cattelles as shall come or growe within theyr liberties by force of the attayndour of any person or persons for and vpon any offence or offences made treason by this Acte as they or any of them shoulde ought or myght haue by vertue of any good and lawefull graunt to them or any of them heretofore had or made Prouided alwayes and be it enacted by the aucthoritie aforesayde that this Acte nor any thyng therein conteyned nor any attayndour or attayndours of any person or persons for any offence or offences made treason by this Acte shall in any wyse extende or be iudged interpreted or expounded to make any corruption of bloud to any the heyre or the heyres of any suche offendour or offendours or to make the wyfe of any such offendour to lose or forfait her dower of or in any landes tenementes or hereditamentes or her tytle action or interest to the same Any thyng in this Acte conteyned or any attayndour or attayndours hereafter to be had for any offence or offences made treason by this Acte to the contrary notwithstandyng And be it further enacted by the aucthoritie aforesayde that if any of the Lordes of the Parliament or Peere of this Realme for the tyme beyng shall fortune at any tyme hereafter to be indicted of any offence made treason by this Act that then they and euery of them shall haue his or theyr tryall by theyr peeres as hath ben vsed heretofore in cases of hygh treason An Act touchyng Badgers of Corne and Drouers of Cattell to be lycensed ¶ The .xii. Capter WHere in the Session of Parliament holden vpon prorogatiō at Westminster the .xxiii. day of Ianuary in the fift yere of the raigne of our late soueraigne Lord king Edwarde the syxt amonges other thynges it was enacted that whatsoeuer person or persons after the fyrst day of May then next ensuyng should ingrosse or get into his or theyr handes by bying contractyng or promyse takyng other then by demyse graunt or lease of lande or tythe any Corne growyng in the fieldes or any other Corne or Grayne Butter Cheese Fyshe or
persons shal be thervnto licenced and shall haue speciall and expresse wordes conteyned in such licence or licences that he or they may so do vpon payne to forfait for euery such tyme that any such person or persons shall do to the contrary v.li The moitie of all whiche forfaitures afore rehearsed shal be to the Quene our soueraigne Lady her heyres and successours and the other moitie to hym or them that wyll sue for the same in any of the Quenes courtes of Record by byll plaint action of debt or information in the which byll playnt action or information no wager of lawe essoigne or protection shal be admitted Be it also enacted by the aucthoritie aforesayd that the Iustices of the peace in euery countie within this Realme or Wales at the quarter sessions shall haue full power and aucthoritie by vertue of this Acte to enquire heare and determine all and euery the defaultes and offences perpetrated committed or done contrary to this Acte within the Countie where any suche sessions shal be kept by inquisition presentment byll or information before them exhibited and by examination of two lawfull witnesses or by any of the same wayes or meanes by the discression of the said Iustices and to make proces thervpon as though they were indicted before them by inquision or by verdict of .xii. men or mo And vpon the conuictiō of the offender by information or sute of any other then the Quene to make extractes of the moitie of the forfaitures to be leuyed to the Quenes vse as they vse to do of other fines and amerciamentes growen in the sessions of peace to awarde execution of the other moitie for the complaynant or informer againste the offender by Fieri facias or Capias as the Quenes Iustices at Westminster maye do and vse to do And yf any suche conuiction or attaynder shall hereafter happen to be at the Quenes suite only that then the whole forfaitures to be extracted and leuyed to the Quenes vse onlye Prouided alwayes that this Acte or any thyng therin conteyned shall not in any wyse extende to the preiudice of the libertie of anye Citie or Towne corporate but that they and euery of them shall and may lawefully assigne and licence Purueyours for the prouision of the same Citie or Towne corporate in suche maner and fourme as they myght lawefully haue done before the makyng of this Acte Prouided further that this Acte nor any thyng therein conteyned shal be in any wyse hurtfull or preiudiciall vnto any the inhabitauntes within the Counties of Westmerlande Cumberlande Lancaster Chester and Yorke or any of them but that they maye do as heretofore they haue lawfully vsed to do Any thyng in this present Acte to the contrary notwithstandyng An Acte for the reuiuing of a Statute made Anno. ii .iii. Phil. Marie for the amending of hygh wayes ¶ The .xiii. Chapter WHERE in the Parliament holden at Westminster in the second third yeres of the raignes of the late Princes Kyng Philip Quene Mary Amongest other good Actes then had and made one necessary Statute was prouided establyshed for the amendment and reparation of the hygh wayes within this Realme whiche Acte was made to endure and continue for seuen yeres and after the expiration of the sayde seuen yeres tyll the ende of the Parliament then next ensuyng as by the same statute more playnely appeareth Whiche seuen yeres forasmuch as they be nowe expired and ended and the sayde Acte is very beneficiall and moste necessary to be continued for the ease and common weale of the people of this lande Be it therefore enacted by the Quenes excellent Maiestie the Lordes spirituall and temporall and the commons in this Parliament assembled by the aucthoritie therof that the sayde Acte made in the sayde second and third yeres of the raigne of Kyng Philip Quene Mary touchyng and concernyng the reparation and amendement of the hygh wayes and euery article and braunche of the same shall from henceforth be stande and continue in full force effect and strength for and duryng the terme of .xx. yeres next folowyng from and after the begynnyng of this present Parliament and after thexpiration of the sayde .xx. yeres to th ende of the Parliament then nexte after the ende of the sayde .xx. yeres to be holden and kept And forasmuch as the sayde Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary in diuers partes of this Realme serueth not to so good purpose and effect as it may be made for that such substaunce and matter as is most fytt and conuenient for the reparations of the sayde wayes cannot be lawfullye hadde fetched and taken out of the seuerall groundes and soyle therevnto nygh or adioynyng beyng no great losse or detriment to the owners of the same seuerall groundes soyle whereby the amendement of the sayde wayes is lyttle encreased or els of very small and slender continuaunce to the great and continuall charge and trouble of the poore people inhabytynge thereaboutes For reformation wherof and that the reparations of the sayde hygh wayes may hereafter in good due maner well and sufficientlye be made Be it further by the aucthoritie of this present Parliament enacted that from henceforth it shall and may be lawfull to all and euery Superuisour and Superuisours and orderers of the workes for the tyme beyng for the amendement of the sayde hyghe wayes therevnto elected and appoynted accordyng to the Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary for the better reparation and amendement of the wayes within theyr seuerall paryshes and limittes where they shal be so made Superuisours if it shal be so to them thought necessary to take and carry away of the rubbyshe or smallest broken stones of any quarry or quarryes lying and beyng within the paryshe where they shal be Superuisours without licence controlment or impechement of the owner or owners so muche as by theyr discressions shal be demed and adiudged necessarye for the amendement of the saide wayes And that for default of any quarrye or quarryes not beyng within theyr sayde paryshe or limittes or in defaulte of rubbyshe not to be founde in any suche quarry or quarryes it shall and may be lawfull to euery such Superuisour or superuisours for the vse aforesayde in the seuerall groundes of any person or persons beyng within the paryshe and limittes where they shal be Superuisours and nyghe adioynyng to the waye or wayes wherin such reparations shal be thought necessary to be made and wherein grauell sande or sinder is lykely to be founde to dygge or cause to be dygged for Grauell Sande or Sinder and lykewyse to gather stones lying vppon anye landes or groundes within the paryshe and meete to be vsed to suche seruyce and purpose and thereof to take and carrye awaye so much as by discression of the sayde Superuisours shal be thought necessarye to be imployed in
Lorde Chauncelour of Englande for the tyme beyng lawfully vsed had and ought to haue vse execute as of ryght belongyng to the office of the Lorde Chauncelour of Englande for the tyme beyng to all intentes constructions and purposes and as yf the same keper of the great Seale for the tyme were Lorde Chauncelour of Englande An Acte for the repeale of a braunche of a Statute made Anno .i. Ed. vi touchyng the conueying of Horses and Geldynges out of the Realme ¶ The .xix. Chapter WHere in the Parliament holden at Westminster in the firste yere of the raigne of the late kyng Edwarde the sixt brother to our Soueraigne Lady the Quenes Maiestie that nowe is amongest diuers other Statutes there was one Acte and Statute made agaynst the carryng and conueying of any Horses Geldynges or Mares out of this Realme In which Act amongest other thinges there is one prouiso or braunche conteyned in these wordes hereafter folowing That is to saye Prouided alwayes that it shal be lawful to euery of the kynges subiectes that shall passe ouer beyonde the Sea to shyppe and carry with them Horses or Geldynges for their only occupation in theyr iourneyes and not to thintent to sell the same beyonde the Sea and that intente to be iudged by othe of hym or them that so wyll carry ouer any Horse or Geldyng which othe shal be taken before the Customers or theyr deputies or Searcher of euery such Porte where the same Horse or Geldyng shal be shypped before the shyppyng thereof as by the same Acte and prouiso it doth and may appeare And although the same Acte and Statute in all partes therof except the sayde prouiso is very beneficiall and profitable for this Realme Yet neuerthelesse by colour of the sayed prouiso and braunche conteyned in the sayd Statute many euyll disposed persons of a couetous and greedy desyre do dayly transport out of this Realme very great numbers of Horses and Geldynges and do exchaunge and sell the same in the parties beyonde the Seas for theyr owne priuate lucre and gayne And because the tryall of such offences is by force of the sayde prouiso and braunch mentioned in the sayde Statute no otherwyse to be tryed or iudged but onlye by the othe of the offendour hym selfe therefore the offendours therin do escape vnpunyshed and therby many persons are greatly encouraged dayly to commit the lyke offences contrary to the true meanyng and entent of the said Statute For the redresse wherof Be it enacted by the Quenes Maiestie with thassent of the Lordes spirituall and temporall and the commons in this present Parliament assembled and by aucthoritie of the same that all the sayde prouiso and braunche before rehearsed and mentioned and conteyned within the sayde Acte and Statute and euery article and sentence conteyned within the sayde prouiso shal from henceforth be repealed made voyde and of none effecte and that all the residue of the sayde Acte and Statute shall stande remayne and be in full force and strength Any thing herein specified to the contrary not withstandyng An Act for the punyshement of Vagaboundes callyng them selues Egiptians ¶ The .xx. Chapter WHere as sithens the Acte made in the first and seconde yeres of the late Kyng Quene kyng Phillip and Quene Mary for the punyshement of that false and subtyle companye of vagaboundes callyng them selues Egiptians there is a scruple and doubt rysen whether such persons as beyng borne within this Realme of England or other the Quenes highnes dominions and are or shall become of the felowshyp or company of the sayde vagaboundes by transforming or disguysyng them selues in theyr apparell or in a certayne counterfait speache or behauour are punyshable by the sayde Acte in lyke maner as others of that sort are being straungers borne and transported into this Realme of England Therefore for thaduoydyng of all doubtes and ambiguities in that behalfe and to thintent that all suche sturdye and false vagaboundes of that sort lyuyng onely vpon the spoyle of the simple people may be condignely met withall and punyshed Be it enacted by the Quene our soueraigne Lady the Lordes spirituall and temporal and the Cōmons in this present Parliament assembled and by the aucthoritie of the same that the saide Statute made in the first and seconde yeres of the sayd late kyng and Quene concernyng those bagaboundes callyng them selues Egiptians shal continue remayne and be in full force strength and effect And yet moreouer be it enacted by the aucthoritie aforesayde that all and euery person and persons whiche from and after the fyrst day of Maye nowe next ensuyng shal be sene or founde within this Realme of Englande or Wales in any company or felowship of vagaboundes cōmonly called or callyng them selues Egiptians or counterfaityng transformyng or disguising them selues by theyr apparell speache or other behauour lyke vnto suche vagaboundes cōmonly called or callyng them selues Egiptians and so shall or do continue and remayne in the same eyther at one time or at seuerall tymes by the space of one moneth That then the same person or persons shall by vertue of this Acte be demed and iudged a felon and felons and shal therfore suffer paynes of death losse of landes and goodes as in cases of felony by the order of the common lawes of this Realme and shall vpon the tryall of them or of any of them therin be tryed in the countie and by the inhabitauntes of the countie or place where they or he shal be apprehended or taken and not per medietatem lingue and shall lose the priuiledge and benefite of Sanctuary and Clergie Prouided alwayes and be it enacted by thaucthoritie aforesaid that this Acte shall not in any wyse extende to any chylde or chyldren being within the age of .xiiii. yeres nor to any of the sayd persons being in prison the last day of this present parliament so that he or they so beyng in pryson do within .xiiii. dayes next after his or theyr deliuery out of pryson eyther depart out of this Realme of Englande and Wales or put hym or them selues to some honest seruice or exercyse some lawful worke trade or occupation and vtterly forsake the sayde ydle and false trade conuersation and behauour of the sayde counterfait or disguysed vagaboundes commonly called or callyng them selues Egiptians Prouided also and be it enacted by thaucthoritie aforesayde that the said Act made in the first and seconde yeres of the said late kyng and Quene shall not extende to compell any person or persons borne within any the Quenes Maiesties dominions to depart out of this Realme of Englande or Wales but onely to constrayne and bynde them euery of them to leaue theyr said naughtie ydle and vngodly lyfe and company and to place them selues in some honest seruice or to exercyse them selues at home with theyr parentes or els where honestly in some lawfull worke trade or occupation Any thyng mentioned in the sayde former Act to the contrary hereof in
to the contrary hereof in any wise notwithstandyng An Act for the reuiuyng of a Statute made Anno xxiii H. viii touchyng the repayryng of Gaoles ¶ The .xxiiii. Chapter WHere in the Parliament begon holden at London the thirde daye of Nouember in the .xxi. yere of the reigne of the late kyng Henry the eyght and from thence adiourned to Westminster and there holden and continued by prorogation vntyll the .xv. day of Ianuary in the .xxiii. yere of the reigne of the saide late kyng Henry the .viii. there was then in that Session of Parliament one Acte and Statute made establyshed for the makyng of Gaoles in diuers Shires of this Realme which Acte was then made to continue and endure for one yere next after th ende of the same Parliament as by the same Acte more playnely appeareth And where also the said Act and Statute at diuers Parliamentes holden kept after the makyng therof in the time of the saide late kyng Henry the .viii. was continued kept in full force strength vntyll the death of the sayde late king as by the same Actes of continuaunce more plainly may appeare And where in the Parliament begon holden at Westminster the .v. day of October in the first yere of the raigne of our late soueraigne Lady Quene Mary and there vpon prorogation continued kept vntyll the .vi. day of December then next folowyng the said Act statute and al clauses sentences therin conteyned was then made to continue and endure vntyll th end of .x. yeres next ensuyng the ende of the same Parliament as by the same Acte more plainely doth appeare And forasmuch as the said Act for the making of Gaoles made in the said .xxiii. yere of the raigne of the said late kyng Henry the viii is very good and profitable for the common wealth of this Realme Be it therfore enacted establyshed by the aucthoritie of this present Parliament that the said Act for makyng of Gaoles and all clauses articles prouisions in the same conteyned shall continue endure in full force and effect and be obserued and kept in all thynges vnto th ende and tearme of ten yeres next ensuyng the last day of this present Parliament And be it further enacted by thaucthoritie aforesayde that the Iustices of peace of euery of the Shires named expressed in the said Act or the most parte of the saide Iustices of peace in euery of the said Shires within the limittes of their Cōmission shall haue full power aucthoritie by vertue of this Act at all tyme tymes within the saide tearme of ten yeres to do make and execute and cause to be done made and executed all and euery such Acte and Actes thyng thynges requisite for the makyng and buyldyng of the sayde Gaoles as they or any of them myght or ought at anye tyme haue done by vertue of the sayde Acte made in the said .xxiii. yere of the sayde late kyng Henry the eyght Prouided alwayes and be it enacted by thaucthoritie aforesaid that the Iustices of peace of the Counties of Pembroke Glamorgan Cardigan Radnor and Mountgomery in Wales or the most part of them resiaunt within euery of the sayd Counties and all such Surueyours Collectours other persons to whom th execution of the said first resited estatute doth or may appertayne shall haue such and like power and aucthoritie to do and execute al and euery such thyng and thynges for and concernyng the buyldyng and newe makyng of Gaoles as the Iustices of peace other persons before mentioned of any of the Counties conteyned in the sayde first resited estatute haue in that behalfe And that also the moste parte of the Iustices of the peace resyaunt within any the Counties specified in the sayd first resited estatute shall and maye do and execute all and euery thyng and thynges mentioned in the sayd fyrst resited estatute touchyng or concerning the said Gaoles Any doubt or ambiguitie heretofore had or moued or hereafter to be had or moued notwithstandyng Prouided also that thinhabitauntes of any of the Counties specified in the sayde fyrst resited Acte or in any of the sayde Counties of Wales shall not be charged by force hereof or of the sayde fyrst resited Acte to beare or susteyne any costes or charges for the buyldynge repayryng or newe makyng of any Gaole or Gaoles where any other person or persons body politique or corporate ought by law prescription or by any other good or lawfull wayes or meanes to buylde make or repayre the same An Act to fyll vp Iuries de circumstantibus lackyng in Wales ¶ The .xxv. Chapter WHere in the Parliament holden at Westminster in the .xxxv. yere of the raigne of our soueraigne Lord kyng Henry the .viii. father to our most deare Soueraigne Lady the Quenes Maiestie that now is one holsome and profitable Act estatute amonges other was then establyshed and enacted intituled by the name of an Acte concernynge the apparaunce of Iurers in Nisi prius where amonges other thinges in the Acte it was established that where a ful Iury returned betwixt partie and partie did not appeare before the Iustices of Assise or Nisi prius or els after apparaunce of a full Iury by challenge of any of the parties the Iury was lyke to remaine vntaken for defaulte of Iurours that the same Iustices vpon request made by the partie plaintif or demaundaunt shulde haue aucthoritie by vertue of the same Acte to commaunde the Sheriffe or other Minister or Ministers to whom the making of the said returne should appertaine to name and appointe as often as nede shulde require so many of such other hable persons of the saide Countie then present at the said assise or Nisi prius as shoulde make vp a full Iury whiche persons so to be named and impanelled by suche Sheriffe or other Minister or Ministers shoulde be added to the former panell and their names annexed to the same and further as in the same Acte more plainely maye appeare Whiche saide beneficiall acte doth not extende vnto the .xii. Shires of Wales ne to the Countie Palatyne of Chester nor to the Countie Palatine of Lancaster nor to the Countie Palatine of Durham by reason wherof many Iuryes remayne vntaken betwixt the parties what for lacke of apparens of Iurers and some because of chalenges to the greate hynderaunce of Iustice and great expences and charges to the parties For reformation wherof be it enacted by the Quene our Soueraigne Lady with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same That in euery of the Shires of Wales that is to saye Pembrok Karmarthyn Cardigan Brecknocke Radnor Glamorgan Mountgomery Denbighe Flynt Meryonith Anglesey Carneruan and in the Countie Palatine of Chester and in the said Countie Palatine of Durham and in the said Countie Palatine of Lancaster where a full Iurye shal not appeare before
panell as before this tyme they might and haue ben accustomed to do and as if this Acte had neuer ben had or made so that the same Sheriffe mynister or ministers retourne vppon suche persons as shal be impanelled suche lyke and reasonable Issues as they ought to retourne any thinge in the same conteyned to the contrarye notwithstandynge ¶ An Acte for the confirmation of a Subsedy graunted by the Clergy The .xxix. Chapter WHere the Prelates and Clergye of the Prouince of Cantorburye haue moste louynglye and liberallye for certayne considerations geuen and graunted to the Quenes Maiestie a Subsedye of sixe shillynges of the pounde to be take and leuyed of all and singuler the spirituall Promotions within the same Prouince duringe the tearme of three yeres nowe nexte ensuynge in suche certayne maner and fourme and with suche exceptions and prouisions as be specified and conteyned in a certain instrument by them thereof made and deliuered to the Quenes highnes vnder the Seale of the moste reuerende father in God Mathewe nowe Archbyshoppe of Cantorburye and Primat of all England whiche instrument is nowe exhibited in this present Parliament to be ratifyed The tenour wherof ensueth in these wordes The Prelates and Clergie of the prouince of Cantorbury beyng lawefully congregated and assembled together in a conuocation or sinode callyng to theyr remembraunce the greate and manyfolde benefites whiche they haue many and sundrye wayes receaued of you Maiesties moste gracious bountifulnes principally for the settyng forth and aduaunceyng of Gods holy worde his sincere and true religion abolyshyng all forrayne power contrary to the same Consideryng also the great debtes wherewith thimperiall Crowne of this Realme was charged when it pleased almightie God fyrste to call your hyghnes to the gouernaunce of the same And further waying the great and intollerable charges wherewith your Maiestie of late hath ben burdened in the repayryng and furnyshyng of your Maiesties Nauie and prouision of armour and munitions moste necessarye and requisite for the defence and safegarde of this Realme whereof the same at the begynnyng of your hyghnes raigne was voyde and destitute And finallye ponderyng the inestimable charges susteyned by your hyghnes aswell of late dayes in reducyng the Realme of Scotlande to vnitie and concorde as also in procuryng as muche as in your hyghnes lyeth by all kynde of godlye and prudent meanes the abatyng of all hostilitie and persecution within the Realme of Fraunce practised and vsed agaynst the professours of Gods holye Gospell and true religion and in defendyng and preseruyng this your highnes Realme and natuall Subiectes in Christian peace and tranquillitie agaynste all assaultes of forrayne enemies hytherto duryng all the tyme of your moste gracious and happye reigne In consideration of the premisses and for a true declaration of our bounden dueties good hartes and myndes towarde your Maiestie with one vniforme agrement accorde and consent together with moste hartye good wyll haue geuen and graunted and by these presentes do geue and graunt to your highnes your heyres and successours one Subsedye in maner and fourme folowyng That is to saye That euery Archebyshop Byshoppe Deane Archedeacon Prebendarye Prouoste Maister of Colledges Maister of Hospitalles Parson Vicar and euery other person and persons of whatsoeuer name or degree he or they be enioying any Spirituall promotion or other Temporall possessions to the same Spirituall promotion annexed nowe not deuided nor seperated by Acte of Parliament or otherwyse from the possession of the Clergie shall paye to your hyghnes your heyres and successours for euery pounde that he may yerely dispende by reason of the sayde Spirituall promotion the summe of syre shyllynges And for the true and certayne value of the sayde promotions and euery of them whereof the payment shal be made the rate taxation valuation and estimation remaynyng of Recorde in your Maiesties Courte of Exchequer for the true payment of the perpetuall Disme concernyng all suche promotions as be in possession of the Clergie or any other not deuided by Acte of Parliament or otherwyse alienated from the possession of the Clergie shal be folowed and obserued without making any valuation rate taxation or estimation other then in the sayde Recorde is comprised Prouided alwayes that forasmuche as the tenth parte of the sayde valuation and rate before mentioned is yerelye payde to your hyghnes for the perpetuall Disme so as there remayneth onely nyne partes to the Incumbent clere this Subsedye of .vi. shyllynges the pounde shal be vnderstanded and ment only of the same nyne partes and of no more Prouided alwayes that no person that is already promoted to any Spirituall benefice or promotion sithens the laste daye of September laste paste or that hereafter shal be promoted to anye Spirituall benefice or promotion on this syde the laste daye of September whiche shal be in the yere of our Lorde God a Thousande fyue Hundreth sixtie and fiue by reason whereof they be shall or may be charged to the payment of the fyrst fruites shal be contributory or charged to your hyghnes your heyres or successours with any parte of this Subsedye duryng the fyrst yere of his sayde promotion AND your sayde Prelates and Clergie also do graunt that this Subsedye of syxe shyllynges the pounde of the yerely value of euery promotion taxed as is aforesayde shal be payde to your Maiestie your heyres or successours within three yeres nexte ensuyng the date hereof That is to saye two shyllynges of euerye pounde in euery of the sayde three yeres The fyrst payment therof to be due at the last daye of September next ensuyng whiche shal be in the yere of our Lorde God a Thousande fiue Hundreth sixtie and three And the seconde payment therof to be due at the laste daye of September then nexte folowyng whiche shal be in the yere of our Lorde God a Thousande fiue Hundreth sixtie and foure And the thyrde payment thereof to be due in the sayde last daye of September then nexte folowynge whiche shal be in the yere of our Lorde God a Thousande fiue Hundreth sixtie and fiue and to be delyuered and payde yerely by suche person and persons as in this present graunt shal be appoynted to haue the collection thereof to the Lorde hygh Treasourer or vnder Treasourer of Englande for the tyme beyng or to suche person or persons and in suche place or places as shall please your highnes to appoynt to be payde at or before the .xiii. day of Ianuary in euery of the sayde three yeres without paying any thyng to the Receauour or Receauours or to any other officers or persons to be assigned for the receipte thereof for any discharge or Quietus est vpon any payment and receipte of the sayde Subsedye to be geuen and deliuered but only .iii. s. iiii d. for the generall and finall acquittaunce or Quietus est for euery yeres payment Item we your sayde graces Prelates and Clergie also do graunt that euery Prieste and all other Spirituall or
ANNO QVINTO REGINAE ELIZABETHE At the Parliament holden at Westmynster the .xii. of Ianuary in the fyfth yere of the raigne of our Soueraigne Lady Elizabeth by the grace of God of England Fraunce and Irelande Quene defendour of the fayth c. To the hygh pleasure of Almyghtye God and the weale publique of this Realme were enacted as foloweth ANNO. 1563. The Table AN Act for thassuraunce of the Quenes Maiesties royal power ouer all states and subiectes within her hyghnes dominions Cap. i. An Acte for the mayntenaunce encrease of Tyllage Cap. ii An Acte for the reliefe of the poore Cap. iii. An Act touchyng diuers orders for Artificers Labourers Seruauntes of husbandry and apprentises Cap. iiii An acte touchyng certayne politique constitutions made for the mayntenaunce of the Nauye Cap. v. An acte agaynste suche as shall sell any ware for Apparell without redye money Cap. vi An acte for the auoydyng of diuers forreyne wares made by handy craftes men beyonde the seas Cap. vii An acte touchyng Tanners Curryours Shoemakers and other Artificers occupying the cuttyng of Leather Cap. viii An acte for the punyshment of such persons as shal procure or commit any wylfull periury Cap. ix An acte to reuyue a Statute made Anno .xxi. H. viii touchyng seruauntes embeaselyng theyr masters goodes Cap. x. An act against the clipping washing rounding or fylyng of the coynes Ca. xi An act touchyng badgers of corne drouers of cattell to be licensed Cap. xii An act for the reuyuyng of a Statute made An. ii .iii. Phil. Marie for the amendyng of hygh wayes Cap. xiii An act agaynst the forgyng of Euidences and wrytynges Cap. xiiii An act agaynst fonde and phantasticall prophesies Cap. xv An act agaynst coniurations enchauntmentes witchcraftes Cap. xvi An act for the punyshment of the vyce of Bogorye Cap. xvii An act declaryng thauctoritie of the Lord keper of the great Seale of England and the Lorde Chauncelour to be one Cap. xviii An acte for the repeale of a braunche of a Statute made An. i. Ed. vi touching the conueying of Horses Geldynges out of the Realme Cap. xix An act for the punyshment of vagaboundes callyng them selues Egiptians Cap. xx An acte for the punyshement of vnlawefull takyng of Fyshe Deare or Hawkes Cap. xxi An act agaynst the carrying of Shepe skinnes and Peltes ouer the Sea not beyng Staple ware Cap. xxii An act for the due execution of the wrytt de excōmunicato capiendo Cap. xxiii An act for the reuyuyng of a Statute made An. xxiii H. viii touchyng the repayryng of Gaoles Cap. xxiiii An act to fyll vp Iuries de circumstantibus lackyng in Wales Cap. xxv An act for the enrollment of Indentures of bargayne and sale in the Quenes Maiesties courtes of Recorde at Lancaster Chester Durham Cap. xxvi An act touchyng fines to be leuied in the coūtie palatine of Durham Cap. xxvii An act for the translating of the Byble and the diuine seruice into the Welshe tongue Cap. xxviii An act for the confirmation of a Subsedy graunted by the Clergy Cap. xxix An act of a Subsedye and two Fystenes and Tenthes graunted by the Temporaltie Cap. xxx An act of the Quenes Maiesties moste gracious generall and free pardon Cap. xxxi ¶ An Acte for thassuraunce of the Quenes Maiesties royall power ouer all states and subiectes within her highnesse dominions FOr preseruation of the Queenes most excellent hyghnes her heyres and successours and the dignitie of the imperial crowne of this Realme of England and for auoydyng both of such hurtes perils dishonors and inconueniences as haue before time befallen aswell to the Quenes Maiesties noble progenitours Kynges of this Realme as for the whole estate thereof by meanes of the iurisdiction and power of the See of Rome vniustly claymed and vsurped within this Realme and the dominions therof and also of the daungers by the fawters of the sayde vsurped power at this tyme growen to maruelous outrage and licentious boldnes and now requyryng more sharpe restraynt and correction of lawes then hytherto in the tyme of the Quenes Maiesties moste mylde and mercifull reigne haue ben had vsed or establyshed Be it therefore enacted ordeyned and establyshed by the Quene our soueraigne Lady and the Lordes spirituall and temporall and the commons in this present Parliament assembled and by aucthoritie of the same that if any person or persons dwellyng inhabityng or resiant within this Realme or within any other the Quenes dominions seignories or coūtreys or the Marches of the same or els where within or vnder her obeysaunce and power of what estate dignitie preeminence order degree or condition soeuer he or they be after the first day of Apryll which shal be in the yere of our Lorde God M.D.lxiii shall by wryryng ciphering printing preaching or teachyng dede or acte aduisedly wittyngly holde or stande with to extoll set forth maintayne or defende the aucthoritie iurisdiction or power of the Byshoppe of Rome or of his See heretofore claymed vsed or vsurped within this Realme or in any dominion or countrey beyng of within or vnder the Quenes power or obeysaunce or by any speache open dede or acte aduisedly and wyttyngly attribute any such maner of iurisdictiō aucthoritie or preeminence to the said See of Rome or to any Bishop of the same See for the tyme beyng within this Realme or in any the Quenes dominions or countreys that then euery such persō or persons so doing or offendyng their abettours procurers and counsellours and also theyr aydours assistentes and comfortours vpon purpose to thintent to set forth further and extoll the sayde vsurped power aucthoritie or iurisdiction of any of the saide Bishop or Bishops of Rome and euery of them being therof lawfully indited or presented within one yere next after any suche offences by hym or them committed and beyng lawfully conuicted or attaynted at any tyme after accordyng to the lawes of this Realme for euery such default and offence shall incurre into the daungers penalties paynes and forfaitures ordeyned and prouided by the Statute of prouision and premunire made in the xvi yere of the reigne of kyng Richard the seconde And it is also enacted by thaucthoritie aforesayde that aswell Iustices of Assise in theyr circuites as Iustices of peace within the limittes of their Cōmission aucthorities or two of euery such Iustices of peace at the least wherof one to be of the Quorū shal haue full power aucthoritie by vertue of this Acte in theyr quarter or open sessions to enquire of all offences contemptes transgressions perpetrated cōmitted or done contrary to the true meanyng of the premisses in like maner and fourme as they may of other offences agaynst the Quenes peace and shall certifie euery presentment afore them or any of them had or made concernyng the same or any part therof before the Quene her heyres and successours in her or theyr court commonly called the kynges Bench within xl dayes next after
any such presentment had or made yf the Terme be then open yf not at the first day of the full Terme next folowyng the sayde .xl. dayes vpon payne that euery of the Iusticiers of Assise or Iusticiers of the peace before whom suche presentment shal be made makyng default of suche certificat contrary to this Statute to lose and forfait for euery suche default one hundreth poundes to the Quenes hyghnes her heyres and successours AND it is enacted by the aucthoritie aforesayd that the Iustices of the kynges Benche aswell vpon euery such certificat as by enquirie before them selues within the limittes of theyr aucthorities shall haue full power and aucthoritie to heare order and determine euery such offence done or committed contrary to the true meanynge of this present Acte accordynge to the lawes of this Realme in such lyke maner and fourme to all intentes and purposes as yf the person or persons agaynste whom any presentment shal be had vpon this estatute had ben presented vpon any matter or offence expressed in the sayde estatute made in the sayd .xvi. yere of kyng Richarde the seconde And moreouer be it enacted by the auctoritie aforesayde that aswell all maner of persons expressed and appoynted in and by the Act made in the first yere of the Quenes Maiesties reigne that nowe is intituled an Acte restoryng to the Crowne the auncient iurisdiction ouer the estate Ecclesiasticall Spirituall and abolyshyng all forreyne powers repugnaunt to the same to take the othe expressed and set forth in the same as all other persons which haue taken or shall take orders commonly called ordines Sacros or Ecclesiasticall orders haue ben or shal be promoted preferred or admitted to any degree of learnyng in any vniuersitie within this Realme or dominions to the same belongyng and all Scolemasters and publike and priuate teachers of chyldren as also all maner of person and persons that haue taken or hereafter shall take any degree of learnyng in or at the cōmon lawes of this Realme aswell Vtterbarresters as Benchers Reders Auncientes in any house or houses of Court and all principall treasorers and suche as be of the graunde company in euery Inne of Chauncery and al Atturneys Prothonotaries and Philizers towardes the lawes of this Realme and all maner of Sheriffes Eschetours and Feodaries and all other person and persons which haue taken or shall take vpon hym or them or haue ben or shal be admitted to any ministery or office in at or belongyng to the common lawe or any other lawe or lawes or to or for the execution of them or anye of them vsed or allowed or at any tyme hereafter to be vsed or alowed within this Realme or any of the dominions or countryes belonging or which hereafter shall happen to belong to the Crowne or dignitie of the same and all other officers or ministers of or towardes any Court whatsoeuer and euery of them shall take and pronounce a corporal oth vpon the Euangelistes before he or they shal be admitted alowed or suffred to take vpon hym or them to vse exercyse supplye or occupye any suche vocation office degree ministery roume or seruice as is aforesayde and that in the open court whervnto he doth or shall serue or belong And yf he or they do not or shall not serue or belong to any ordinary or open Courte then he or they shall take and pronounce the othe aforesayde in an open place before a conuenient assemble to witnesse the same and before such person or persons as haue or shall haue aucthoritie by common vse or otherwyse to admitte or call any suche person or persons as is aforesayde to any such vocation office ministerye roume or seruice or els before suche person or persons as by the Quenes hyghnes her heyres or successours by Commission vnder the great Seale of England shal be named or assigned to accepte take the same accordyng to the tenour effect fourme of the same othe verbatim which is as it is already set forth to be taken in the foresaid Act made in the first yere of the Quenes Maiesties reigne And also be it enacted by the aucthoritie of this persent parliament that euery Archbishop and Bishop within this Realme and dominions of the same shall haue full power and aucthoritie by vertue of this Acte to tender or minister the othe aforesaide to euery or any Spirituall or Ecclesiasticall person within theyr proper dioces aswell in places and iurisdictions exempt as els where And be it enacted by the aucthoritie aforesayde that the Lorde Chauncellour or keper of the great Seale of England for the time beyng shall and may at all tymes hereafter by vertue of this Acte without further warraunt make and direct Commission or Commissions vnder the great Seale of Englande to any person or persons geuyng them or some of them therby aucthoritie to tender minister the othe aforesayde to such person or persons as by the aforesayde Commission or Commissions the sayde Commissioners shal be aucthorised to tender the same othe vnto And be it also further enacted by thaucthoritie of this presente Parliament that yf any person or persons appoynted or compellable by this Acte or by the sayde Acte made in the sayde fyrste yere to take the sayd othe or yf any person or persons to whom the said othe by any such Commission or Cōmissions shal be limitted and appoynted to be tendred as is aforesayde do or shall at the tyme of the sayde othe so tendred refuse to take or pronounce the sayd othe in maner and fourme aforesayde that then the partie so refusyng and beyng thereof lawfullye indited or presented within one yere next after any such refusall and conuicted or attainted at any time after accordyng to the lawes of this Realme shall suffer and incurre the daungers penalties paynes and forfaitures ordeined prouided by the statute of prouision and premunire aforesaid made in the .xvi. yere of the reigne of kyng Richarde the seconde And furthermore be it enacted by thaucthoritie aforesaid that all and euery such person and persons hauyng aucthoritie to tender the othe aforesaid shal within .xl. dayes next after such refusal or refusals of the sayde othe if the Terme be then open and if not then at the first day of the full Terme next folowyng the sayde .xl. dayes make true certificat vnder his or their seale or seales of the names places degrees of the person or persons so refusyng the same othe before the Quene her heyres or successours in her or theyr court commonly called the kinges Benche vpon payne that euery of the said persons hauing such auctoritie to tender the saide othe making default of such certificat shall for euery such default forfait C.li. to the Quenes highnes her heires or successours And that the Sheriffe of the countie where the said court cōmonly called the kinges Benche shall for the time be holden shall or may by vertue of this Act empanel a Iury of the
aforesayde that the sayde braunches and articles of the sayde estatute last aboue mentioned made in the sayde .xxvii. yere of our sayde late Soueraigne Lorde Kynge Henrye the eyght and euery penaltie and thyng touchyng the same be also from henceforth put in due execution and shall remayne and continue in theyr full force and vertue accordyng to the good entente and meanyng of the same laste recited Statute Any thyng in this present Acte to be hereafter conteyned to the contrary notwithstandyng AND forasmuche as there haue ben sythens the makynge of the sayde Statute certayne other lawes and Statutes made in the tyme of our late Soueraigne Lorde king Edwarde the syxte and in the tyme of our late Soueraigne Kynge Phillip and Quene Mary for the reedifying of decayed houses of husbandrye and for the encrease of tyllage whiche beyng in some partes thereof vnperfecte and in some places to mylde and gentle haue not brought to the decayed state of tyllage and of houses of husbandrye that longe loked for remedye whiche was then hoped for Be it therefore enacted by the aucthoritie aforesayde that the sayde lawes and Statutes made in the tymes of the sayde late kyng Edwarde the syxt and Kynge Phillip and Quene Marye touchynge and concernynge the decaye of houses of husbandrye and for the encrease of Tyllage and euerye article and thynge in them and euery of them conteyned shal be form hencefoorth repelled and made voyde to all intentes and purposes And be it also further enacted and established by thaucthoritie aforesayd that from after the feast of Thannunciation of our Lady which shal be in the yere of our Lord God a thousand fiue hundred threscore and foure all such landes and groundes or so muche in quantitie as in any Towne Village Hamlette Lordshyp place knowen or paryshe within the Realme of Englande or Wales haue bene eared ploughed and put in tyllage in any one yere so kept in tillage by the space of foure yeres any time sithens the feast of S. George the Martir in the .xx. yere of the reigne of King Henry theight other then the sayd demeanes of the sayd late Monasteries Priories and religious houses geuen as is aboue rehearsed to the sayde late kynge Henry theight in the sayde .xxvii. yere of his reigne shal be eared ploughed vsed and kept in tillage or caused to be eared ploughed vsed and kept in tyllage for euer accordynge to the nature of the soyle and custome of the countrey by the occupyer or occupiers therof without fraude or collusion vpon paine that euery offendour contrary to this Act shal lose and forfayte yerely for euery acre ten shillinges which forfayture shall go and be in maner and fourme folowynge That is to say to such person or persons as ben next in reuertion or remaynder therof for tearme of lyfe lyues or in tayle their executours or administratours And that by thaucthoritie of this Act it shal be lawfull for him or them to leuye the same penaltie and forfayture of x.s for euery acre by distres and to iustifie or make their aduouries or cognisaunces for the same in such maner and fourme as any person or persons may do for rentes reserued vpon estate or estates made for tearme of yeares of any landes or tenementes or otherwyse shall and may sue for the same penaltie and forfayture by action of debt byll playnt or information in any Court of recorde of the Quene our soueraigne Lady her heires or successours wherin no wager of law essoygne or protection shal be allowed or admitted for the partie defendant And if they or any of them do not distrayne or otherwise clayme or demaunde the sayde penaltie and forfayture by any the wayes or meanes aforesayde within the space of one whole yere next after the offence done in fourme aforesayde and pursue for the same with effect without fraude or couyn and do not recouer and myght haue recouered the same with suche spede as maye be by the due order of the lawe That then after such default it shal be lawefull for him or them to whom the reuertion or remaynder of the fee symple of the sayde landes shall appertayne their executours or administratours to distrayne auowe or make cognisaunce and iustifie or otherwise to sue for the sayd forfayture and paynes in fourme aforesayd at any time within one yere next ensuynge any suche default And in his or their default the sayde penaltie or forfayture to go and be to the immediate Lorde or Lordes of the fee or fees of whom the sayde landes ben holden to be recouered in maner and fourme aforesayde so that he or they do take and sue for hys or theyr remedie therin within one yere next ensuinge any suche default in maner and fourme aforesaide And in his and theyr default the said penaltie and forfayture to go and be to the Quenes highnes her heyres and successours to be recouered by any of the meanes or remedyes aforesayd at any tyme or tymes at her or theyr wylles and pleasures or otherwyse to any other person or persons that wyll sue aswell for the Quenes Maiestie her heyres and successours as for him or them selues for the same paynes and forfaytures vppon whiche suite the one moytie shal be and go to the Quenes Maiestie her heyres or successours and the other to him or them that so wyll sue for the same by action of debte byll playnt or information in any of the Quenes Courtes of record wherin no essoyne protection or wager of lawe shal be admitted or allowed for the partie defendaunt AND be it further enacted by thaucthoritie aforesayde that yf any person or persons beynge an occupier and owner of any suche landes and groundes as is aforesayde of any estate of inheritaunce shall offende agaynst the fourme of thys Act That then the sayde penaltie and forfayture shall goe and be to the next immediate Lorde or Lordes of the fee or fees thereof his or theyr executours or administratours to bee recouered by suche wayes and meanes as before is limitted appoynted so that he or they do pursue and take theyr remedye for the same in fourme aforesayd within one yeare next after suche offence committed And yf any suche occupier and owner shal be a Coppyholder or a customary tenaunt that then the saide penaltie or forfayture to go and be to the Lorde or Lordes of the manour of whom the same Coppye or customary tenementes bene holden theyr executours or administratours so that he or they do pursue and take theyr remedy for the same in such maner and fourme and within the time last before limitted And in euery suche default of the saide Lord or Lordes of the fee or fees and of the Lord or Lordes of the sayde manour or manours as is aforesayde or of anye of them the sayde penalties and forfaytures to go and bee to the Quenes Maiestie her heyres and successours or to suche other person or persons as wyll sue for the same aswell
or put the same into tyllage and hath or shall kepe the same grounde for that cause only in tyllage by the space of foure yeres togethers that this Act or any thyng therin conteined shal not compel any person or persons to continue or put in tyllage the said pasture heath barren or wast grounde so eared Any thing before expressed in this act to the contrary therof notwithstanding Prouided alwayes that this Act or any prouision clause or article therin conteyned shall not be vnderstand or expounded to extende or be in any wyse preiudiciall to those partes or porcions of groundes wherin any ower of Leade Tin or Iron or Coles comly called sea cole stone cole or moore cole haue ben are or hereafter shal be vsually gotten by meanes wherof the same groūdes can not conueniently be put kept in tyllage This Acte or any other law vsage or custome to the contrary in any wyse notw tstanding Prouided also that this Acte nor any thyng therein conteyned shal extende to compell any person or persons to put in tyllage any landes or groundes within any forest or chase excepte the forest of Snowden in Northwales otherwyse then before the makyng of this Statute he or they ought or were bounde to do This Acte to endure to the ende of the next session of Parliament Prouided alway y t this statute or any thyng therin conteyned shal not extend to cōpell any inhabitant of y e coūties of Northūberland Westmerland or Cūberland to reedifie maintein or to kepe in manurance any house or ground y t shal be ouerthrowē burned destroyed wasted or decayed by enemies or by any occasiō of warres or inuasiōs during y e warres or win .iiii. yeres after y e conclusiō of peace next folowing such ouerthrowing burning destructiō wasting or other thyng in this present Act to the contrary notwithstandyng And forasmuch as this Acte shall continue but to the ende of the nexte session of Parliament Be it therefore enacted by auctoriritie aforesayde that no person or persons shall from henceforth conuert from tillage to pasture any grounde whiche was in tillage the fyrst day of thys Parliament other then suche as they myght lawfully haue conuerted from tyllage to pasture before the makinge of this Act Any thynge contayned in thys Acte to the contrary notwithstandynge ¶ An Act for the reliefe of the poore ¶ The .iii. Chapter TO thintent that ydle and loyterynge persons and valiaunt beggers may be auoyded and thimpotent feble and lame whiche are the poore in very dede should be hereafter relieued and well prouyded for Be it enacted by the Quene our soueraygne Lady with thassent of the Lordes spirituall and temporall and the commons in thys present parliament assembled by thaucthoritie of the same that the statute made in the .xxii. yeare of the late kinge of famous memory kinge Henry theight and also the statute made in the thyrde and fourth yeres of the reigne of the famous kyng Edwarde the syxt concerninge beggers vagaboundes and ydle persons and euery article clause braunche sentence and other thynges conteyned in them and eyther of them other then suche thynges as shal be by thys present Acte otherwise ordayned and prouided for shall stande remayne and be in their full force and effect and shal be also from henceforth iustly and truely put in execution accordynge to the true meaninge of the sayde seuerall statutes and euery of them AND further be it enacted by thaucthoritie aforesaide that yerely vpon the Sunday next before the feast day of the Natiuitie of S. Iohn Baptist commonly called Midsomer day in euery Citie Borough and Towne corporate the Maior Bayliefes or other head officers for the time being in euery other paryshe of the coūtrey the Parson Vicar or Curate churchwardens shal haue written in a Register or boke to be prouided by them aswel the names of the inhabitaūtes housholders within their citie Borough Towne corporate or paryshe as also the names of all such impotent aged nedy persons as be within their citie Borough Towne corporate or paryshe which are not hable to liue of them selues nor with their owne laboure shal openly in the church quietly after diuine seruice call y e said housholders inhabitantes together among whō y e Maior or other head officers and two of the chiefe inhabitauntes in euery suche Citie Borough and Towne corporate suche as the Maior or other head officers shall thynke meete And the Parson Vycar or Curate and Churchwardens in euery other paryshe shall elect nominate and appoynt yerely two hable persons or mo to be gatherers and Collectours of the charitable almes of all the residue of the people inhabytyng in the paryshe wherof they be chosen Collectours for the reliefe of the poore Which Collectours the Sunday next after their election or the Sundaye folowing yf nede require when the people are at the Church at diuine seruice shal gentelly aske and demaunde of euery man and woman what they of theyr charitie wyl be contented to geue wekely towardes the reliefe of the poore and the same to be wrytten in the sayde Regester or booke And the sayde gatherers so beyng elected and chosen shall iustly gather and truely distribute the same charitable almes wekely by them selues or theyr assignes to the sayde poore impotent persons of the sayde Cities Boroughes Townes corporate and Paryshes without fraude or couin fauour or affection and after such sorte that the more impotent may haue the more helpe and suche as can get part of theyr lyuyng to haue the lesse and by the discression of the Collectours to be put in such labour as they be fyt hable to do but none to go or syt openly a beggyng vpon payne limitted in the aforesaid Statutes And yf the sayde Maiors Baylyffes head officers Parson Vicar Curate and Churchwarden or any of them faile in the doyng and executyng of the premisses in fourme aboue declared he or they so makyng default to forfeyte for euery suche default xl.s to be employed to the vse of the poore of that paryshe where he or they do inhabite to be leuyed by the Collectours of the same paryshe by way of distresse or otherwyse as is appoynted in this Acte for leuying of lyke forfaitures And be it enacted by thauctoritie aforesayd that no person or persons so elected nominated appoynted to be gatherer or gatherers as is aforesayd shall refuse the sayd office but shall iustlye and truelye execute the same by the space of one whole yere next ensuyng such election vppon payne to forfaite x.li th one moitie therof to the Churchwardens of the paryshe where he or they shal be elected Collectour and thother moitie therof to the vse and reliefe of the poore of the saide parishe to be leuied by the Churchwardens where they or he dwelleth of the goodes of the sayde gatherer or gatherers so refusyng by distresse or els by action of debte byll playnt or information to
persons to extende his or their charitie towardes the reliefe of the poore of the paryshe where he or she inhabiteth and dwelleth and if he or she shall obstinately and wylfully stande in the same and wyll not be perswaded therein by the sayde Iustices Maior Baylyffes or other head officers that then it shall and may be lawful to and for the sayde Iustices if it be out of any Citie Borough or Towne corporate and yf it be within any Citie Borough or Towne corporate for the Maior Bayliffes or other head officers of the same Citie Borough or Towne corporate with the Churchwardens where the sayde obstinate person shall inhabite or one of them to sesse taxe and limit vpon euery such obstinate person so refusyng according to theyr good discressions what summe the sayde obstinate person shall paye wekely towardes the reliefe of the poore within the sayde paryshe where he or she shall inhabite and dwell And yf the sayd person so sessed and taxed shall refuse to paye the summe that shal be so reasonablye limitted taxed and appoynted then the sayde Iustices of peace or two of them whereof the one to be of the Quorum or the sayde Maior Baylyffes or other head officers of euery suche Citie Borough or Towne corporate shall haue full power and aucthoritie by vertue of this Acte vpon complaynt and certificate to them by the Collectours and Churchwardens of the same paryshe where the sayde obstinate person shall dwell to commit the sayd obstinate person and persons so refusyng to paye to prison to the next gaole there to remayne without bayle or mainprise tyll he or they haue payde the sayde sūme so appoynted taxed limitted together with tharrerages therof yf any such shall fortune to be And for the better maintenaunce of this charitable Acte and worke it is ordeyned and establyshed by thaucthoritie aforesayde that where as the late kyng of famous memorye kyng Henry the viii his heyres or successours or any other person or persons by his or theyr seuerall lawfull erections and foundations hath or haue ordeyned appoynted any sūme or sūmes of money to the vse of the poore or for the repayryng or amendyng of hygh wayes or bridges not beyng taken away otherwyse by Acte of Parliament whether the same be in any Cathedrall Churche Colledge or els where the Bishop of the diocesse or Chauncelour for the tyme being shall from tyme to tyme examine howe and after what maner the sayd money is bestowed to call to accompt the parties which retayne the sayde money and therevpon to take such order as the same from thenceforth be distributed to the poore accordyng to the good entent and purpose of the saide noble kyng that graunted the same And yf they shall fayle yerely to call to accompt the persons aforesaid in fourme aforesaide and after accompt to order the distribution of the said money in maner before declared to forfait for euery such default xx.li to be employed to the vse of the poore by the ouersight of three Iustices of the peace within the said countie where the person that so should accompt dwelleth to be leuied by way of distresse or otherwyse as other forfaitures in this estatute are appoynted to be leuied And be it further enacted by thaucthoritie aforesayde yf it shall chaunce any paryshe to haue in it mo poore impotent folkes not able to labour then the saide parishe is able to reliefe that then in euery such paryshe not standyng in any Citie or Towne corporate the Parson Vicar or Curate of the saide paryshe and two or three of the chiefe inhabitauntes of the same parishe and in euery Citie Towne corporate the Maior or chiefe officers of the same Citie or Towne corporat the Parson Vicar or Curate of the said paryshe calling to them two or three of the chiefe parishioners of the same parish such as the said Maior or head officers shal thinke mete shall certifie vnto the Iustices of peace of the countie where the same paryshe is the nombre and names of the persons with which they be surcharged vpon such certificat the sayd Iustices of the peace in the same countie or two of them wherof one to be of the Quorū shall consider examine the said certificat aswel by the oth of those that so certified inspection of the said poore persons to be taken and viewed at such day tyme place as to them shal be thought mete as by all other wayes and meanes and fynding the same true after such othe and alowaunce by inspection shall then graunt vnto such and as many of the saide poore folkes as by their discression they shal thinke good a sufficient licence vnder the seale appoynted for the limit to go abrode to begge get and receaue the charitable almes of the inhabitauntes of the countrey out of the sayde Paryshes Cities Townes so surcharged in which license thinfirmitie of the person the places townes paryshes to which such poore folkes are by that license licensed to resorte shall in the same license be named limitted and appoynted be it one Hundred or mo in the sayde Countie at the said discression of the same Iustices And yf any of the sayde poore folkes so licensed shall transgresse the limittes to them appoynted and resort to begge at other places then is in the sayde license named the partie so transgressyng offendyng to be taken for a valyaunt begger and punished according to the statute made in the sayde .xxii. yere of king Henry the eyght his or theyr license to be taken from them And if the sayde Iustices of the peace shal fayle to appoynt a day and tyme for inspection of the sayde poore and examination of the sayde certificatours within one moneth next ensuyng the day of receipt of the said certificat or shalt graunt or geue license to any person or persons so certified to go abrode and begge before such tyme as they shall haue viewed and sene the said poore persons haue receaued othe of the persons that so certified that the said poore persons for age impotencie or sickenes in theyr consciences to theyr knowledge are not able by any worke or labour to earne them necessary meate drynke and cloth and the same deposition put in wrytyng subscribed or marked by the persons deposed to forfaite for euery such default ten poundes to be employed to the vse of the poore of any paryshe or paryshes within the sayde Countie where the sayde Iustices dwell at the ouersyght appoyntment of the Bishop or his Chauncelour of the same diocesse to be leuied in sort fourme as other forfaitures in this Statute are appoynted And be it further enacted that where any of the sayde Cities Boroughes Townes corporate or paryshe so charged is scituate standyng in one countie or two coūties of this Realme or scituate and standyng in one and immediatly adioynyng to another countie of the Realme as the Citie of Brystoll
within the lymittes of the Watche of the saide towne may vse and exercise suche artes misteries and occupations and take and vse apprentices and seruauntes in suche maner and fourme as the inhabitauntes within market townes by this statute may lawfully do Prouided alwayes and be it enacted by the auctoritie aforesayde that all maner amerciamentes fynes issues and forfeitures whiche shall ryse growe or come by reason of any offences or defaultes mencioned in this acte or any braunche thereof within any Citie or towne corporate shal be leuyed gathered and receaued by suche person or persons of the same Citie or towne corporate as shal be appointed by the Maior or other head officers mentioned in this saide acte to the vse and maintenance of the same Citie or towne corporate in suche case and condition as any maner other amerciamentes fynes issues or forfeitures haue ben vsed to be leuyed and imployed within the same Citie or towne corporate by reason of any graunt or charter from the Quenes Maiestie that nowe is or of any her graces noble progenitours made and graunted to the same Citie borowe or towne corporate any thyng or clause before mentioned and expressed in this act to the contrary notwithstandyng Prouided alwaies that this acte or any thing therin conteyned shal not extend to any lawfull reteyninges or couenauntes had or made before the makynge of this acte but that all and euery the parties to suche reteyninges or couenauntes shall and may haue the same and lyke auantages of such reteyninges couenauntes and of the statutes heretofore in that behalfe prouided as if this acte had neuer ben had nor made Any clause of repeal or other matter whatsoeuer in this acte to the contrary in any wyse notwithstanding And be it further enacted by the aucthoritie aforesayde that if any seruaunt or apprentice of husbandry or of any arte science or occupation aforesaid vnlawfullye departe or flee into any other Shire that it shal be lawfull to the saide Iustices of peace and to the saide Maiors Bayliffes and other head officers of Cities and townes corporate for the tyme beinge Iustices of peace there to make and graunte writtes of Capias so many and suche as shal be nedeful to be directed to the Sheriffes of the Counties or to other head officers of the places whyther suche seruauntes or apprentices shall so departe or flee to take their bodies returnable before them at what tyme shall please them so that if they come by suche proces that they be put in prison tyll they shall finde sufficient suertie well and honestly to serue their maisters maistresses or dames from whome they so departed or fledde accordinge to the order of the lawe Prouided alwayes that it shal be lawful to the highe Constables of hundredes in euery Shire to holde kepe and continue petie Sessions otherwise called statute Sessions within the lymittes of their auctorities in all Shires wherein suche Sessions haue ben vsed to be kepte in suche maner and fourme as heretofore hath ben vsed and accustomed so as nothinge be by them done therein contrarie or repugnaunt to this present Acte ¶ An Acte touching certaine politique constitutions made for the maintenaunce of the Nauye The .v. Chapter FOr the better maintenaunce and encrease of the Nauye of this Realme of England Be it enacted by the Quenes most excellent Maiestie with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie aforesaid that from the first daye of Aprill Anno Domini M.D.lxiiii and so from thense fourth it shal be lawfull to all and euery of the subiectes of our soueraigne Lady the Quene her heires and successours at his their will and pleasure to carry and transporte out of this Realme in the Shippes or other vessels of any the subiectes aforesaid all and euery kyndes of hearring and other Sea fishe to be taken vpon the Seas by any of the subiectes aforesayd and acte of Parlyament or lawe to the contrary notwithstanding and that all and euery person and persons which shal by vertue of this acte transporte or carry any hearringes or other Sea fishe from or oute of any porte or harborough of this Realme to any place out of the dominions of the Quenes Maiestie her heires or successours shal be free from payment of any custome subsedie or pondage monye for the same fyshe so carryed or transported duringe the space of .iiii. whole yeres beginning at the said first day of Aprill M.D.lxiiii and so further during her Maiesties pleasure And be it further enacted by the auctoritye aforesaid that from the first daye of Maye next commynge it shall not be lawfull to any person or persons in any port Citie towne market or other place within this Realme to set price make any restraynte or take or demaunde tolle or taxe of any Sea fishe to be brought into this Realme or any part hereof being taken by any of the subiects aforesaid in the Shippes or other vessels of the same subiectes vppon payne to euery person offendyng contrary to the meanyng hereof to forfeite the value of the fyshe so restrayned prysed tolled or taxed Any libertie custome graunte pryuiledge or other matter whatsoeuer to the contrary in any wyse notwithstandynge Prouided alwayes that this present acte nor any thinge therein conteyned shal be preiudiciall or hurtfull to the Maior and Burgesses of the Kynges towne vpon Hull or their successors Maiors and Burgesses of the same towne or to any other officer or minister of the same towne at any tyme hereafter but that they and euery of them maye receyue haue and take all and euery suche tolle customes and summes of money of all and euery suche persone and persons as is lymitted appointed and set fourth by them to be taken in an acte of Parlyament made in the .xxxiii. yere of the reigne of our late Soueraigne lord Kyng Henry the eyght And that neither the saide Maior and Burgesses of Kyngston vpon Hull nor any inhabitaunte there or any of them shal take any aduauntage of that article of this Estatute for the cariage of any hearrynges or salted fishe to anye the parties beyond the Sea Any thing in this present acte mentioned conteined specified or declared in any wyse to the contrary notwithstanding Be it also enacted by the aucthoritie aforesaid that no purueyour or other persone whatsoeuer shall from the said first day of Maye by vertue of any commission or otherwise take any hearring or Sea fishe from any of the subiectes afore mentioned that shall take the same in the Shippes or other vessels of the saide subiects as it is abouesaid otherwise then by agrement of the owners or sellers of the same fishe vpon payne for euery purueyour and other person whatsoeuer offending contrary to the tenour of this acte to forfeite the double value of the hearringes or fishe so to be taken And it shal be lawful for any person being owner or
the common Saterday And be it further enacted by the aucthoritie aforesaid for the benefytte commodities of this Realme to grow aswel in maintenaunce of the Nauie as in sparing encrease of fleshe victual of this Realme that from after the feast of Pentecoste next comminge it shal not be lawful to any person or persons within this Realme to eate any flesh vpon any dayes now vsuallye obserued as fyshe dayes or vppon any wednesday now newly limitted to be obserued as fysh day vpō paine that euery person offendyng herein shal forfait iii.li for euery time he or they shall offende or elles suffer three monethes close imprisonment without bayle or maynprise And euerye persone or persones wythin whose house any suche offence shal be done and beinge priuy or knowinge therof and not effectuallye punishinge or disclosinge the same to some publyque officer hauinge aucthoritie to punyshe the same for euery suche offence to forfeyt fortie shillinges All whiche forfeytures for not abstaynynge from meates shal be deuyded into three equall partes That is one part to the vse of the Quenes Maiestye her heires or successours the other parte to the informer the thyrde to the common vse of the parishe where the offence is or shal be committed and to be leuyed by the Churche wardens after any conuiction in that behalfe Prouided alwayes and be it enacted that this acte nor any thing herein conteyned concernyng eating of fleshe shall in any wise extende to any person or persons that shall hereafter haue any special license vpon causes to be conteyned in the saide lycense and to be graunted accordynge to the lawes of this Realme in suche cases prouided Al and euery which said license and lycenses shal be voide to all ententes vnlesse the same conteyne the conditions hereafter mentioned That is to say euery license made to any person or persons being of the degree of a Lord of Parlyament or of their wyues shal be vpon condition that euery suche person so to be lycensed shall paye to the poore mens boxe within the parishe where they shal dwell or remaine in the feaste of the Purification of the blessed virgin Mary or within vi dayes after the same feaste xxvi.s viii d The same to be payde within one moneth next after the same feaste vpon payne of forfeiture of euery suche license And euery lycence to any person of the degree of a Knight or a Knightes wife shal be vpon condition that euery suche person so lycensed shall paye yerely xiii.s iiii d to the vse aforesaide and in fourme afore mentioned And euery license to any person or persons being vnder the degrees abouesaid shal be vpon condition that euery suche person so licensed shall paye yerely vi.s.viii.d to the sayd vse and in fourme afore mentioned Prouided alwayes that no lycense shall extende to the eating of any Byefe at any tyme of the yere nor to the eating of any Veale in any yere from the feaste of Saint Michaell the Archangell vntyl the first daye of Maye Prouided also that all persons whiche by reason of notorious sycknes shal be enforsed for recouerye of health to eate fleshe for the tyme of their sicknes shal be sufficiently lycensed by the Byshoppe of the diocesse or by the Parson Vycar or Curat of the parishe where suche person shal be sicke or of one the nexte parishe adioyninge if the saide Parson Vicar or Curat of his or their owne parishe be wilful or if there be no Curate within the same parishe Which lycense shal be made in writinge signed with the hande of the Byshoppe of the dioces or of the Parson Vycar or Curate and not endure longer then the time of the sicknes And that if the sicknes shal continue aboue the space of .viii. dayes after suche lycense graunted then the license shal be registred in the Churche booke with the knowledge of one of the Churche wardens and the partie licensed shall gyue to the Curate iiii.d for the entrye therof And that license to endure no longer but onlye for the tyme of his her or their sicknes And if any license by any Parson Vicar or Curate be graunted to any person or persons other then suche as euydentlye appeare to haue nede thereof by reason of their sicknes not onlye euery suche lycense shal be voyde but also euerye suche Parson Curate or Vycare shall forfait for euerye suche lycense otherwyse graunted fyue markes Prouided also and be it enacted that all lycenses heretofore graunted to any subiecte of this Realme by any of the late Kynges or by the late Quene Mary or by the Quenes Maiestie now beinge or by any Archebyshoppe of this Realme hauinge aucthoritie so to do shal be of as good force in lawe for the wednesday nowe lymitted and other accustomed fyshe dayes as they were before the makynge of this Acte for the saide other accustomed fyshe dayes so as the parties lycensed do hereafter obserue all suche conditions as be lymitted in this estatute to suche as hereafter shall obteyne any lycenses And suche persons also as heretofore were or ought to be lycensed by reason of age or other impediment or cause by order of the Ecclesiastical lawes shal enioye the same priuilege and accustomed lycenses any thinge in this Acte to the contrary hereof in any wise notwithstanding And be it enacted by the aucthoritie of this present Parliament that no forfeiture of Shippe Crayer or other vessel or of any apparel of the same nor any other penaltie or forfeyture shal be extended or growe against any owner or owners of any Shippe Crayer or other vessell for the transportinge or carrying of any Wheate or other Corne or thinges prohibited by the estatute made in the Parliament holden the firste and seconde yeres of Kynge Phillippe and Quene Mary vnlesse the same owner or owners shal be wittinge knowinge aydyng or consentynge to the prohibited transporting or carryinge the saide Estatute or any thinge therein mentioned to the contrarye hereof in any wise notwitstandyng And be it further enacted by the aucthoritie of this present Parliament that all and euery person and persons whiche be or shal be by the lawes and estatutes of this Realme or otherwise aucthorysed to sell wynes by retaile in the seuerall Counties and places where they be or shal be so aucthorised shall and maye from hencefourth sell the saide wynes by pynte quarte pottell gallon or otherwyse at suche price or pryces and in suche fourme as shal be lymitted by the Quenes Maiesties proclamation in that Countie or place made with the assente of suche lordes and other persons as by the statute made in the .xxviii. yere of the reigne of Kynge Henry the eyght were aucthorised to set price vppon wynes in grosse without any payne or forfeyture for the same Any lawe vsage or estatute heretofore made or had to the contrary hereof in any wise notwithstandinge And be it further enacted by the aucthoritie of this present Parlyament that from and after the
feaste of saint Michael the Archangell next comming it shal be lawfull to all and euery person and persons beinge subiectes of the Quenes Maiestie her heires or successours only out of such portes or crekes as by the Quenes Maiesties proclamation hereafter shal be published and appointed and not els where to lode carrie or transporte any Wheate Rye Barley Malte Pease or Beanes into any partes beyonde the Seas to sell as a marchaundise in shippes Crayers or other vessels whereof any Englishe borne subiect then shal be the only owners so that the price of the sayde Cornes or graynes so caryed or transported exceade not the prices hereafter followinge at the tymes hauens and places where and when the same Corne or grayne shal be shipped or laden Vide. the quarter of Wheate at x.s the quarter of Rye Pease or Beanes at viii.s the quarter of Barley or malte at vi.s.viii d. of curraunte money of England Any lawe vsage or estatute heretofore made to the contrary hereof in any wise notwithstandyng And where doubte hath heretofore ben whether the statute in the xviii yere of the reigne of Kyng Henry the .vi. heretofore made against Souldiours reteyned which departe from their Captaines without lycense did or ought to extended vnto Mariners gonners seruing on the Seas takynge wages of the kinge or Quene of this Realme Be it expressed ordeined enacted and declared by aucthoritie of this present Parlyament that the said estatute made in the saide .xxiii. yere of the reigne of Kynge Henry the .vi. in all paynes forfeytures and other thinges did doth and hereafter shall extende aswell to all and euery Mariner and gonner hauinge taken or shall hereafter take prest or wages to serue the Quenes Maiestie her heires or successours to all intentes and purposes as the same did or doth vnto any souldyer Any diuersities of opinion doubte matter or thing to the contrary hereof in any wyse notwithstandyng And where an estatute concernynge sowyng of Flaxe and Hempe was made and prouided in the Parlyament holden the .xxiiii. yere of the reigne of our late soueraigne Lorde Kynge Henry the eyght to be vniuersall through euery Countie of this Realme for the better prouision of nettes for helpe and furtheraunce of fishinge and for eschewinge of Idelnes Be it ordeined enacted by aucthoritie of this present Parliament that in euery suche Countie of this Realme or parte of such Countie where by the Quenes Maiesties proclamation it shall hereafter be published the saide estatute to be commodious or profitable for the common wealth The said estatute and euery clause article and prouision therein conteyned be and shal be reuyued and stande in full force and strength to be executed and perfourmed from the feaste of saint Michaell the Archangell nexte comminge in all thinges other then in the proportion of a Roade or fourth parte of an acre in the paine of iii.s.iiii.d by the said estatute limitted In place whereof be it ordeyned and enacted by the aucthoritie aforesaid that in euery case and degree where by the saide former estatute one Roade or fourth parte of an Acre is lymitted to be sowne with lynseade otherwise flaxe seade or hempe seade from the saide feaste of Saint Michaell the Archangel nexte comming In steade and lewe of the saide Roade or iiii parte of an Acre one whole Acre or lesse as by proclamation in fourme aforesaide shal be limitted shal be sowen with lynseade otherwise flaxe seade or Hempe seade vpon payne of forfeyture of fyue poundes for euery suche defaulte or offence And further be it ordeyned and enacted by the aucthoritie aforesaide that all and euery suche of the offences before mentioned as hereafter shal be done on the mayne Sea or costes of the Sea beinge no parte of the bodye of any Countie of this Realme without the precincte iurisdiction and liberties of the Sinque portes and out of any hauen or peere shal be tryed and determined before the Lorde Admirall of England or his Lieuetenaunt deputie or deputies other Iustices of Oyer and terminer according to the fourme of the saide estatute of Anno .xxviii. Henrici .viii. for causes of pyracie And if the same shal be done on the mayne Sea or costes of the Sea within the iurisdiction or libertie of the Synque ports out of any hauen or porte then the same to be tried and determined before the sayde Lord warden of then sayd Syncque portes or his Lieuetenaunt or Iudge or before Iustices of Oyer and terminer according to the true fourme of the sayde estatute of Anno .xxxviii. Henry .viii. for causes of pyracie And for all and singuler suche other of the offences before mentioned as shal be done in the lande or within any hauen or peere all Iustices of the peace in their Sessions and Maiors Sheriffes and Bailifes and other head officers in Cities and townes corporate in their Sessions or other Courtes within the limittes of their commissions or aucthorities shal haue full power and aucthoritie to inquire of the offenders of this acte aswel by the othes of .xii. men as otherwise by information and therevpon to heare and determine the same And if any person or persons shal be presented before the saide Iudges Iustices or officers within the lymittes of their auctorities or anye information gyuen to them of any offender of this acte that then they shal haue ful power and aucthoritie vpon any suche presentment or Information to make proces againste the offenders of this acte lyke as is commonly vsed vpon enditementes of Trespasse And yf any be presented and afterwarde be conuicted by confession or otherwise that then euery suche person shall suffer no lesse forfeiture or punishement then herein is before lymitted All whiche forfeytures to be leuied in maner and fourme following That is to saye suche forfeytures concernyng eatyng of fleshe as are before lymitted to certeine vses to be to the same vses in that behalfe before expressed and all such forfeytures as accordinge to the tenour of this acte shal be determinable before the saide Iudges Iustices or other officers of the Admiralties aforesaide or before Commissioners of Oyer and terminer in that behalfe shal be to the vse of the Lord Admirall of England or Lord warden of the Syncque ports where such offence shal be presented or where as the Iurisdiction of the cause shal apperteyne And all such forfeitures as accordyng to the tenour of this acte shal be determinable before Maiors Sheriffes Bayliffes or other head officers of Cities or townes corporate shal be to the common vse of the Corporation of the saide Citie or towne corporate where suche offences shal be presented or wheras the Iurisdiction of the cause shall apperteyne And all suche forfeytours as accordynge to the tenour of this acte shal be determinable before the Iustices of the peace shal be to the vse of the Quenes Maiestie her heires and successours And if any person shal be conuict by confession or otherwise vpō any
Information made by any person or persons against any offender or offenders of this acte in any cause saue for the eatinge of fleshe firste before speciallie lymitted that then euery such person so conuict vpon any Information shal lose suche forfeiture as is before lymitted the one halfe thereof to be to suche as so shall make the Information and the other halfe to those whiche vpon presentement without speciall Information are before lymitted to haue the whole forfeiture And that for the leuyinge of euery forfeiture growing by this estatute aswel the saide Lorde Admirall of England Lorde warden of the Syncque portes theyr Lieuetenaunts and Iudges as the sayde Iustices Maiors Sheriffes Bayliffes and other head officers within the lymittes of their Commissions or aucthorities haue and shall haue full power and aucthoritie to make such proces as they shal thinke good by their discressions Prouided alwayes that none Information at the su●e of an persone concernynge this acte shal be of any effect to put anye person to aunswere or losse of forfeiture excepte the sayde Information be commenced within halfe a yere nexte after the offence done contrary to this acte nor that any Information or presentment for the Quenes Maiestie her heires or successours or for the Admirall warden of the Sinque portes Maiors or other officers aforesaide be of any effecte to put any person to any aunswere or losse of any forfeiture by vertue of this acte excepte the saide Information or presentment be within one yere nexte after the offence done and committed contrary to this acte Prouided and be it likewise enacted that it shal be lawfull to any person or persons to haue at his or their table vpō euery wednesdaye beinge ordered by this estatute to be obserued as a fishe daye one onely vsual competent dishe of fleshe of one kind and no mo so that he she or they haue also serued to the same table and mease at the same meale their ful competent vsuall dishes of Sea fishe of sundry kyndes eyther freshe or salt and that without fraude or couyn and so shall also order that the same fishe be mete and seasonable and that it shal be eaten or spent in like maner as vpon Fridayes or Saterdayes in like cases are vsed And that also such persons as haue or hereafter shall haue vpon good and iust considerations any lawfull license to eate fleshe vpon any fishe day except suche persons as for sicknes shall for the tyme be licensed by the Bishop of the dioces or by their Curates or shal be licensed by reason of age or other impediment allowed heretofore by the Ecclesiasticall lawes of this Realme shal be bounde by force of this statute to haue for euery one dishe of fleshe serued to be eaten at their table one vsuall dishe of Sea fishe freshe or salte to be likewyse serued at the same table and to be eaten or spent without fraude or couin as the lyke kinde is or shal be vsually eaten or spent on Saterdayes And that these two articles and clauses next aboue shal be taken and interpreted from tyme to tyme in the fauoure of expence of Sea fishe and that the offendour or offendours herein shal be punished in lyke maner as is ordered by this estatute for punishment of suche as shall eate fleshe vpon Fridayes Saterdayes or other fishe dayes And because no maner of person shall misiudge of the intent of this estatute limittinge orders to eate fishe and to forbeare eatinge of fleshe but that the same is purposely intended and ment politikely for the increase of Fishermen Mariners and repairing of port townes and nauigation and not for any superstition to be mainteyned in the choyse of meates Be it enacted that who soeuer shall by preachinge teachinge writinge or open speache notifie that any eating of fishe or forbearinge of fleshe mentioned in this statute is of any necessitie for the sauinge of the soule of man or that it is the seruice of God otherwise then as other politike lawes are and be that then suche person shal be punished as spreaders of false newes are or ought to be Be it enacted in the fauour of Fyshermen Mariners haunting the sea as Fyshermen or Mariners that none of them shall hereafter at any tyme be compelled agaynst his or theyr wyll to serue as any souldiour vppon the lande or vpon the sea otherwyse then as a Mariner except it shal be to serue vnder any Captayne of some shyp or vessell for landyng to do some speciall exploit whiche Mariners haue vsed to do or vnder any other person hauing aucthoritie to withstande any inuasion of enemies or to subdue any rebellion within the Realme and also except all such persons as by tenure lawefull custome or couenaunt be or shal be otherwyse bounde to serue Prouided alwayes and be it enacted by aucthoritie aforesayde that this Acte or any thyng therin conteyned shall not extende to take away or diminishe any libertie priuiledge fraunches forfaiture or amerciament fines issues wreckes of the Sea or any other lawfull inheritaunce or free holde from any person or persons bodyes politique or corporate theyr heyres or successours for or touchyng any lawfull libertie aucthoritie or iurisdiction admirall or for conseruation of any water that they or any of them nowe haue lawfullye or hereafter shall haue Any thyng in the same to the contrary notwithstandyng Prouided alwayes and be it further enacted by the aucthoritie aforesayde that no Fysherman vsyng or hauntyng the sea shal be taken by the Quenes Maiesties Commission to serue her hyghnes as a Mariner on the Sea but that the sayde Commission be first brought by her hyghnes taker or takers to two Iustices of peace next adioynyng and inhabytyng to the sayde Sea costes Townes or other places where the sayd Mariners are so to be taken to the intent the sayde Iustices may chose out and cause to be returned such sufficient number of able men as in the saide Cōmission shal be conteyned to serue her Maiestie as is aforesayde Sauyng alwayes to the Sinque Portes and also to the towne of great Yarmouth all such lawfull liberties as they iustly haue before the makyng of this Acte touchyng the free fayer kepte at Yarmouth other then in bying of straungers and takyng of toll as the same be before prohibited Prouided alwayes that any thyng in this Acte conteyned shall not be hurtfull or preiudiciall to any aucthoritie style preheminence dignitie or iurisdiction belongyng to the office of the Lord warden of the Sinque Portes Prouided alwayes that it shall and may be lawfull to and for any person or persons beyng straungers borne to bryng yerely in any Shyp Bottome or Vessell wherof any stranger or strangers borne is or shal be owner or owners into the Hauens Portes and Townes of the Isle of man or into any of them any of the wynes made in any of the dominions or countreys belongynge to the Crowne of Fraunce and in the same Portes and
Townes or any of them to discharge the said wynes so to be brought so that there be not brought and discharged by the same straungers in any such straungers shyppes bottomes or vesselles in any one yere in or at the sayde Hauens Portes and Townes or any of them aboue one hundred Tonnes at the most This Acte or any thyng therin conteyned to the contrary therof notwithstandyng Prouided also that it shall and may be lawfull to and for any person or persons beyng straungers borne to bryng yerely in any shippe vessel or bottome wherof any straunger or straūgers borne is or shal be owner or owners into the Hauen Porte and Towne of Chepestowe in the Countie of Monmouth any wynes made in any of the sayde dominions or countreys belongyng to the sayde Crowne of Fraunce ouer and besydes all Rochell wynes heretofore in this Acte allowed to be brought and in the same Port and Towne to discharge the sayde wynes so that there be not brought and discharged by the same straungers in any suche straungers shyppes bottomes or vesselles in any one yere in or at the sayde Hauen Port and Towne aboue one hundred Tonnes at the most This Acte or any thing therin conteyned to the contrary notwithstandyng Prouided also that it shall and may be lawefull to and for any person or persons beyng straungers borne to bryng yerely in any shyppe vessell or bottome whereof any straunger or straungers borne is or shal be owner or owners into the Hauens Portes and Townes of Cardife Caneruon Beawmarrys and other Hauens Portes and Townes in Southwales and Northwales or any of them and into the Hauen Port and Towne of Newporte in the sayde Countie of Monmouth any of the sayde wynes made in any of the sayd dominions or countreys belongyng to the said Crowne of Fraunce ouer and besydes all Rochell wines heretofore in this Acte alowed to be brought and in and at the same Portes and Townes or anye of them to discharge the sayde wynes so to be brought so that there be not brought and discharged by the same straungers in any such straungers shyppes bottomes or vessels in any one yere in or at the said Hauens Portes Townes or any of them aboue one hundred Tonnes at the most This Acte or any thing therin conteyned to the contrary therof notwithstandyng Sauing vnto the Quenes Maiestie her heyres and successours all such dueties and thynges whiche her hyghnes her heyres and successours ought to haue enioy be aunswered and payde for the sayde three hundred Tonnes of Wynes mentioned in the said three laste prouisos to be brought and discharged as in the same three prouisos ben mentioned and declared Any thing in this Acte to the contrary therof notwithstandyng Prouided also and be it further enacted by thaucthoritie aforesayde that this Acte or any thyng or thynges therein conteyned shall not in any maner of wyse extende to geue vnto the Lorde Admirall of Englande for the tyme beyng or to any his Viceadmiralles Iudge or Iudges of the Admiraltie his or theyr deputie or deputies or to any other the officers or ministers of the Admiraltie or to any others hauyng or claymyng any Admirall power iurisdictions or aucthoritie within this Realme and Wales or any other the Quenes dominions any other power ryght iurisdiction preheminence or aucthoritie then he or they or any of them lawfully haue hath or had or ought to haue and enioye before the makyng of this Acte other then for suche of the offences specified in this Acte as hereafter shal be done vppon the mayne Sea within the iurisdiction of the Admiraltie This Acte or any article braunche clause prouision or thing therin conteyned to the contrary therof notwithstandyng This Act shall continue and endure vntyll the ende of ten whole yeres to be accompted from the feast of Saint Michaell the Archangell whiche shal be in the yere of our Lorde God M.D.lxiiii and from thence to the ende of the nexte Parliament then folowyng the ende of the sayde ten yeres An Acte agaynst such as shall sell any Ware for Apparell without redy money ¶ The .vi. Chapter BE IT enacted by aucthoritie of this present Parliament that whatsoeuer person after the feast of Easter next shall sell or by any meanes delyuer to any person hauyng not in possession landes or fees to the clere yerely value of three thousand poundes auerrable and triable by bookes of Subsedyes or by any other sufficient true way or meanes any maner of foreyne stuffe or wares not growen or fyrst wrought in any the Quenes Maiesties dominions of what kynde nature name or condition so euer the same be appertaynyng or tendyng to the apparellyng clothyng deckyng garnyshyng or adornyng of the bodye or the part of the body of any maner of person for all the which stuffe or wares or for the workemanship therof or any part therof the seller delyuerer or worker theyr executours or administratours shal not haue receaued the whole money or full satisfaction eyther in hande or within .xxviii. dayes after the sale delyuery or makyng therof that in euery such case the seller delyuerer worker or maker theyr executours and administratours shal be without all remedy by order of any lawe custome or decree to recouer or demaunde any money or recompence for the sayde stuffe or wares or for the workmanshyp of any parte thereof what assuraunce soeuer he or they shall haue by bonde suertie promise or pawne of the partie or of any other on his or theyr behalfe to the contrary And that all bondes and assuraunce whatsoeuer made in that case and for that purpose by any meanes or wayes directly or indirectlye shal be vtterly voyde to all intentes And this Acte shall endure onely to th ende of the next Parliament An Act for the aduoydyng of diuers forreyne wares made by handy craftes men beyonde the Seas ¶ The .vii. Chapter WHere as heretofore the artificers of this Realme of England aswel within the Citie of Londō as with in other Cities Townes Boroughes of the same Realme that is to wit Gyrdlers Cutlers Sadlers Glouers Poyntmakers suche lyke handycraftes men haue ben in theyr sayde faculties greatlye wrought and greatly set on worke aswell for the sustentation of them selues theyr wyues and families as for a good education of a great part of youth of this Realme in good arte and laudable exercyse besydes the manifolde benefites that by meanes or by reason of theyr knowledges inuentions and continuall trauell dayly and vniuersally came to the whole estate of the common wealth of this sayde Realme Yet notwithstandyng so nowe it is that by reason of the aboundaunce of forreyne wares brought into this Realme from the partes of beyonde the Seas the sayde artificers are not only lesse occupyed and thereby vtterly impouerished the youth not trayned in the said sciences exercises and thereby the sayde faculties thexquisite knowledges therof lyke in short tyme within this Realme to decay but also
diuers Cities and Townes within this Realme of England much therby impaired the whole Realme greatly endomaged and other countreis notably enriched the people therof wel set on worke to their cōmodities liuinges in the artes and sciences aforesayde and to the great discourage of the skylfull workmen of this Realme being in very dede nothing inferiour to any straunger in the faculties aforesayde For reformation wherof Be it enacted by our soueraigne Lady the Quenes highnes and by the Lordes spirituall and temporall and the commons of this present Parliament assembled by the aucthoritie of the same that no person or persons whatsoeuer frō or after the feast of the Natiuitie of S. Iohn Baptist now next ensuyng shall bring or cause to be brought into this Realme of Englande frō the partes of beyonde the seas any Gyrdels harnesse for gyrdels Rapiers Daggers Kniues Hiltes Pummelles Lockets Chapes Dagger blades Handels Scabberdes and Sheathes for kniues Saddels Horse harnesse stirrops Bittes Gloues Pointes Leather laces or Pinnes being redy made or wrought in any partes of beyond the Seas to be solde bartred or exchaunged within this Realme of England or Wales vpon payne to forfaite all such wares so to be brought contrary to the true meaning of this Acte in whose handes soeuer they or any of them shal be founde or the very value thereof th one halfe of the forfaiture to be to our soueraigne Lady the Quenes hyghnes her heires successours the other moitie therof to him or them that wyll sease the same or sue therfore in any court of Record of the Quenes Maiestie her heires successours by action of debt byll plaint information or otherwise where no wager of lawe essoigne or protection shal be to him or them alowed This Act to continue and endure to the ende of the next Parliament An Acte touchyng Tanners Curryours Shoemakers and other artificers occupying the cuttyng of Leather ¶ The .viii. Chapter WHere before this time diuers many good estatutes haue ben made for the true tanning currying and working of leather as a thing very necessary for the cōmon wealth cōmoditie for the Quenes Maiesties subiectes for that euery sort of people of necessitie must vse haue leather for diuers and sundrye purposes which notwithstandyng leather was neuer worse tanned curryed or wrought then now a dayes it is by reason wherof diuers persons are not onely put to great losse charge other inconueniences but also do take diuers and sundrye diseases to the shortenyng of theyr lyues as by the complayntes of diuers persons exhibited in this Parliament it manifestly appeareth Be it therfore enacted by the Quenes Maiestie with thassent of the Lordes cōmons in this present parliament assembled and by thaucthoritie of the same that from after the feast of Pentecost next cōming no Butcher or other person shall gashe slaughter or cut any hyde of any Bull Oxe Steare or Cowe in fleyng therof or otherwise wherby the same shal be impaired or hurt And that no Tanner or other person or persons vsing or occupying the craft or mistery of tannyng of leather shall after the feast of S. Michaell tharchangell next cōmyng by him selfe or any other person or persons offer or put to sale any such hyde or skyn so gashed flaughtered or cut vpon payne of forfaiture for euery such hyde or skynne so offred or put to sale xx.d And be it further enacted by thaucthoritie aforesaid that no Butcher or other person or persons after the said feast of Pentecost shal kyll any Calfe to sell being vnder fyue wekes olde vpon payne to forfait for euery Calfe so to be kylled and solde vi.s viii d And be it further enacted by thaucthoritie aforesaid that no person or persons occupying the craft or occupation of a Butcher shal after the feast of Pentecost next cōming occupy or vse by himselfe or any other person or persōs the feat craft or mistery of a Tanner duryng the tyme that he shall so vse the crafte or occupation of a Butcher vpon payne of forfaiture of vi.s.viii.d for euery day that he shall so vse the feate craft or mistery of a Tanner And be it further enacted by thaucthoritie aforesaid that no person or persons whiche at the feast of S. Michaell tharchangell whiche was in the first yere of the Quenes Maiesties reigne that nowe is had not landes tenementes rentes profites or hereditamentes of estate of inheritaunce or for terme of lyfe or lyues of the clere yerely value of xl.li or aboue or whose Tanhouse was not at the saide feast is or shal be hereafter in a Citie Borough Towne corporate or market Towne where searchers sealers of leather hath ben shal be vsually appoynted except such person persons as then had any Tanhouse and dyd then occupy the mistery of tannyng of leather and except an apprentice or apprentices to a Tanner or Tanners except such as were then or since or hereafter shal be brought vp instructed or taught as couenaunt or hyred seruaunt for that purpose by the space of .vii. yeres in the mistery or craft of tannyng of leather and except the wyfe and such sonne or sonnes of a Tanner as hath ben brought vp hath vsed the mistery of tanning of leather by the space of foure yeres aforesaid or the sonne or daughter of a Tanner or suche person who shall marry such wyfe or daughter to whom he hath or shall leaue a Tanhouse and fattes shall tanne any leather or shall vse take or haue any profite gayne or cōmoditie of or by the said mistery or craft of tanning of leather vpon payne of forfaiting of all such leather by him or them so tanned or whereof he or they shall receaue any profyte or commoditie by tannyng or the iust value therof And be it further enacted by thaucthoritie aforesaide that after the feast of Pentecost next commyng no person or persons whatsoeuer which shall after the sayde feast of Pentecost occupy or vse by hym or them selfe or by any other person or persons the crafte or mistery of tannyng of leather shall suffer any hyde or skynne to lye in the lymes any longer tyme then the heere falleth of or maye be taken of nor in any wise to be put into the limes after the heere maye be taken of nor shall vse employ occupye or put by them selues or by any other person or persons any thing in any lycour stuffe or workmanshyp in or about the tannyng of leather but only lyme Culuer donge or Hen donge and that in colde water onlye and wooses made of colde water and Oken barke onlye without any mixture of any other thyng or thynges nor shall by hym selfe or by any other person or persons put any hyde or skynne in any tanne wooses or licour made whot or warmed in any fat or vessel to be set or couered in any tanne hyll or otherwyse nor shall ouerlyme any hydes or skynnes in the lyme pyttes nor
enacted by the aucthoritie aforesaide that all red tanned leather whiche shal be brought into the Citie of London whether it be to be solde or be bought before hande or no shal be brought to Leaden hall before it be housed in his or theyr owne houses and there viewed whether it hath ben searched or sealed or no and shall also be registred by the searchers to be appoynted as is aforesayde with halfe such fees therfore to be payde as is hereafter expressed for leather to be sold in Leaden hall vpon payne that euery person housyng or not bryngyng his leather to Leaden hall as is aforesayd shall forfaite for euery hyde or skynne vi s.viii Prouided that this article shall not extende to any leather to be bought in Bartilmewe fayer or Southwarke market being searched sealed and registred accordyng to the true meaning of this Acte And also be it further enacted that if any person wyll after the said feast wylfully withstande or denye any such search to be made accordyng to the tenour of this Act as is aforesaid or wyll not suffer the said searchers so appoynted to enter into his or theyr house or houses or other place to viewe and search at theyr wyll pleasure all maner of tanned leather and all maner of shoes bootes males saddels and all maner of wares wrought and made or to be wrought and made of leather and to sease and carry awaye all such leather shoes and wares as they shal finde insufficiently tanned curryed or wrought or made of euyll stuffe that then all and euery such person and persons so denying and withstandyng and not suffryng the sayde searchers or any of them so sworne and appoynted for the tyme beyng to enter and make search and sease as is aforesayde shall lose and forfait for euerytyme so denying and withstandyng v.li And be it further enacted by thaucthoritie aforesayde that yf the persons so to be appoynted for the seuerall searches of leather and wares made of leather as is aforesayde do refuse with conuenient spede to seale leather sufficiently tanned or do make default in theyr search or do alowe that whiche shal be insufficiently tanned curryed or wrought contrary to the true meanyng of this Acte or shall eyther for affection or corruption conceale the faultes or any of them founde in that behalfe that then the Maior Baylyffes Lordes of liberties and other persons whiche by vertue of this Acte shal appoynt such searchers and sealers shall forfait and lose for euery suche default offence xl.s the moitie of which forfaiture shal be to our Soueraigne Lady the Quene her heyres successours and the other moitie to hym or them that wyll sue for the same in any of the Quenes Maiesties courtes of Recorde by byll playnt information or otherwyse AND forasmuch as heretofore great deceipt hath ben vsed in cuttyng of the wombes from the backes for that the Tanner dyd not cut of so much as was meete but left more to the backe wherof vtter sole leather was made then was conuenient and meete And forasmuch also as yf the Curryer should curry the whole hyde together the Shoemaker myght then put that part of the hyde called the wombes into vtter sole leather which is meete but for inner sole leather to the great deceipte damage of the wearer of shoes bootes or other stuffe made by the shoemaker or cordwayner Be it therfore enacted by the aucthoritie aforesayde that such persons as shal be so appoynted searchers or sealers as is aforesayde shall after the true tanning and before the currying of any leather brought to be searched and sealed as is aforesayde by theyr discretions cutte of so muche of the hyde truely tanned to be solde to a Shoemaker Cordwayner or Cobler into wombes as they shal by theyr othes thynke vnmeete to make vtter sole leather of vppon payne that the Shoemaker Cordwayner or Cobler shall forfait for euery such hyde not cut as is aforesayde iii.s.iiii.d And be it further enacted that such person and persons as hereafter shal be assigned and appoynted searchers and sealers of tanned leather by vertue of this Acte shall within the limittes and precinctes of euery of theyr searches kepe one booke or register wherein they shall enter all suche bargaynes as shal be made for leather hydes or skynnes by any person or persons duryng and by all the tyme of the fayer or market beyng thereto required by the byer or the seller and also the pryces of suche leather bought solde with the names and dwellyng places of the byer and seller takyng for his and theyr payne and trauell therin to be taken aswell for the sealyng of such leather and cuttyng of the wombes as is aforesayde as for registryng thereof of the seller of euery dycker of leather so entred ii.d and so after the rate and for euery syre dosen of Calues skynnes ii.d and of the byer after the same rate and no more or greater summe or summes of money to be paide for entryng of the same vpon payne of forfaiture for not entryng and registryng or not cuttyng of of the wombes as is aforesayde for euery dycker of leather iii.s iiii d and for euery dosen of Calues skinnes iii.s iiii d and so after that rate And be it further enacted by the aucthoritie aforesayde that no person or persons shall after the first day of May nexte commyng sell exchaunge or put away or cause to be solde exchaunged or put away any maner of tanned leather red and vnwrought except he or they register or cause to be registred the sayde tanned leather and euery parte and parcell thereof and the pryce thereof vppon payne of forfaiture of the value of the leather so solde exchaunged or put away and not registred And be it further enacted by the aucthoritie aforesayde that it shall not be lawefull to or for any person or persons to bye any tanned leather before the same shal be searched and sealed not to carry or cause to be carryed out of the fayer or market any leather tyll it be registred as is aforesayde vpon payne to forfait the sayde leather or the value therof so bought and not searched and sealed or carryed away and not registred And be it further enacted that no Cordwayner Shoemaker or Cobler shal carry or cause to be carryed any Oxe or Stere hides tanned whereof any sole leather shal be cutte out of any fayer or markette whole before the wombes be cut of as is aforesayde vppon payne of forfaiture for euery hyde otherwyse carryed out of the same fayer or markette vi.s viii d and the hyde or the value therof AND be it further enacted by thaucthoritie aforesayde that yf any Curryer within the said Citie of London or three myles compasse after the feast of Saint Michaell tharchangell next do currye any leather insufficiently tanned or after the sayde feast nexte do not curry such leather as he doth or shall curry substauncially and well accordyng to the
meanyng and purport of this Acte or if any Shoemaker Cordwayner or Cobler within the Citie of London or three myles compasse of the same after the sayde feaste of Saint Michaell tharchangell nexte put any tanned leather into any shoes bootes buskynnes startvppes slyppers pantofles or other thinges made of tanned leather which shall not be well and perfectly tanned accordyng to the purport and true meanyng of this Acte or after the sayde feaste do put any curryed leather into any bootes buskynnes startvppes shoes slyppers pantofles or other thynges made of leather which shall not be well and sufficiently tanned and curryed and also sealed as is aforesayde or do make bootes buskynnes shoes startvppes slyppers pantofles or other thynges made of Englyshe tanned leather in other maner then is aboue specified and ordeyned or yf any Shoemaker Sadler or other artificer vsyng cutting or working of leather do make any wares of any tanned leather insufficiently tanned and of tanned or curryed leather beyng not sufficientlye tanned and curryed as is aforesaide or do not make theyr wares belongyng to theyr seuerall occupations sufficiently and substauncially That then the Wardens of euery of the sayde companyes of Sadlers Curryers Shoemakers and other artificers vsyng and exercysyng cuttyng of tanned leather for the tyme beyng shall forfaite lose for euery such default and offence to be committed or done by any person or persons vnder theyr order suruey or searche .v. li. Prouided alwaye and be it enacted that no maner of person or persons shall after the sayde feast of Saint Michaell vtter or sell or cause to be vttered or solde within the saide Citie of London or within three myles compasse of the same any maner of wares apperteynyng to the crafte or mistery of anye artificer cuttyng of leather but onely in open shoppe common fayer or market whereby the sayde Wardens may haue the true search of the same in aduoydyng the penalties vpon them by this Act set vpon paine of forfaiture of all suche wares so solde x.s for euery tyme. Prouided alwaye and be it enacted that all and euery artificer dwellyng or inhabytyng or which hereafter shall dwell or inhabite within the Citie of London or three myles compasse of the same vsyng or exercysyng any manuell occupation of cuttyng or workyng of leather into made wares shall contribute paye and be vnder the suruey and search of the Wardens of such companies of the sayde Citie of London as the artificers commonly vsing the lyke occupation beyng free men of the same Citie of London and of the same company be touchyng and concernyng onelye theyr wares and stuffe made of or with leather in lyke maner fourme as other free men of the same company doth to the Wardens of theyr company within the sayde Citie All which paynes penalties and forfaitures aforesayde of summes of money aforesayde excepte such paynes penalties and forfaitures as are before or hereafter by this Acte shall otherwyse be disposed shal be deuyded into three equall partes one parte whereof shal be to our Soueraigne Lady the Quene her heyres and successours and an other part to hym or them that shall fyrste sue for the same in any of the courtes of Recorde of the Quenes Maiestie her heyres and successours by action of debte byll playnt information or otherwyse In which suite no wager of lawe or essoigne shal be admitted or alowed and the thirde part therof shall go to the Citie Borough Towne or Lorde or Lordes of liberties where the offence shal be committed or done And all suche leather shoes bootes buskynnes startvppes slyppers pantofles wares stuffe and other thynges whatsoeuer made of tanned leather or curryed leather which shal be seased by vertue of this Acte or shal be founde insufficiently wrought tanned or curryed and declared by this Acte to be forfaited and shal be seased by the sayde searchers or any other person fyndyng the fault therof shal be distributed as hereafter ensueth That is to saye such leather or stuffe so seased within the Citie of London or within thre myles compasse of the same to be brought to the Guylde hall in London there to be praysed by indifferent persons and the value thereof to be deuided into three partes wherof one part to be to the first seaser and seasers of the sayde vnlawful stuffe and an other part to the vse of the Chamber of London and the other part to be distributed to the poore folkes aswell beyng within the newe Hospitall of S. Bartilmewes in London as to such poore housholders as shal be inhabiting within the Citie of London or the circuite aforesayd at the discressions of suche persons as the Maior of the same Citie and foure Aldermen of the same for the tyme beyng shall appoynt for the same And that al such leather bootes shoes saddels wares stuffe thinges made of or with leather as is aforesaide which shal be founde within any other citie borough towne or place win this Realme out of the sayd Citie of London and three myles compasse vnsufficiently wrought tanned or curryed as is aforesayd shal be seased taken as forfaited shal be brought to the cōmon hall of euery such Citie Borough Towne or to some conuenient and open place to be appoynted by the Lorde of the libertie or his deputie where no cōmon hall is there to be praysed as is aforesayde one part of the said value therof to be disposed vnto the poore and in other dedes of charitie in those parties after the discressiō of the Maiors Baylyffes Headboroughes Lordes of liberties an other parte to be delyuered to the Maiors Baylyffes other head officer of any Citie Borough or Towne corporate to the vse of the cominaltie of such citie borough or towne corporate where no suche officers be then to the Lorde or Lordes of the libertie where any such forfaiture shal be cōmitted or seasour had the third part to the fyrst seaser or seasers of such leather stuffe or wares insufficiently tanned curryed or wrought as is aforesayde for his theyr paynes Prouided alwayes that no person to whom any such vnlawefull leather or stuffe shal be geuen by this Act shall geue or sell any suche leather or stuffe to any person or persons that shall sell the same vppon payne that the byer shall forfaite for euery parcell of suche vnlawefull leather or stuffe to be solde contrarye to the true meanyng of this last clause iii.s.iiii.d Prouided alway that this Act nor any thing therin conteyned shal not in any wise be preiudicial or hurtful to the Chauncelours Vicechauncelours Proctours Taxours and Scholers their officers ministers assignes or fermers of the vniuersities of Oxforde or Cambridge or any of them of for or concernyng the aucthoritie of search of tanned leather or any of the forfaitures of the same which they lawfully had or myght haue had before the makyng of this present Act so as they do in all thynges obserue such order in about or
Maiestie intituled an Acte for true currying of leather One other Act made in the third and fourth yeres of our sayde soueraigne Lorde kyng Edward the syxt intituled an Acte for bying rough hydes and Calues skinnes And as much of an Acte made in the .v. and .vi. yeres of our sayde late soueraigne Lorde kyng Edwarde the .vi. intituled an Acte agaynst regrating of tanned leather as doth prouide or geue libertie to any person or persons to carry ouer any shoes bootes buskynnes startvppes slippers and other made wares to the towne of Callyce And one other Acte made in the first yere of our soueraigne Lady the Quenes Maiestie intituled an Acte touchyng Shoemakers Curryers And one other act made in the saide fyrst yere intituled an Acte touchyng sellyng of tanned leather shall from and after the sayde feast of Saint Michaell nexte commyng be vtterly repealed An Act for the punishement of such persons as shall procure or commit any wylfull periury ¶ The .ix. Chapter WHere in the Parliament holden at Westminster in the xxxii yere of the raigne of the late king of famous memorye kyng Henry the .viii. emongest other thinges it was ordeyned enacted established that no person or persons of what estate degree or conditiō soeuer he or they were should frō thenceforth vnlawfully suborne any witnes or witnesses by letters rewardes promises or by any other sinister labour or meanes for to maynteyne any matter or cause or to the disturbāce or hinderaunce of Iustice or to the procurement or occasion of any maner of periury by false verdict or otherwise in any of the kinges courtes of the Chauncery the Starre chamber the white hall or els where within any the kynges dominiōs of England or Wales or the marches of the same where any persō or persons haue or from thenceforth shoulde haue aucthoritie by vertue of the kinges Cōmission patent or writ to holde plea of land or to examine heare or determine any tytle of landes or any matter or witnesses concerning the title right or interest of any landes tenementes or hereditamētes vpon payne of forfaiture for euery such offence x.li th one moitie therof to be to the kyng thother to the partie that would sue for y e same as by the same estatute amonges diuers other thynges more plainly it doth appeare Sithens y t makyng wherof for that the said penaltie is so smal towardes the offendours in y t behalfe the said offence of subornation sinister procuremēt of false witnesse hath neuerthelesse greatly encreased and augmēted by reason of the wylfull periury cōmitted by the same suborned witnesses diuers sundry of the Quenes Maiesties subiectes haue susteyned disherison great impoueryshment aswell of theyr landes tenementes as also of theyr goodes cattelles Be it therfore enacted by our soueraigne Lady the Quene by the assent of the Lordes spirituall temporall and the cōmons in this present parliament assembled by thaucthoritie of the same that all euery such person and persons which at any tyme after the .x. day of April next cōming shal vnlawfully corruptly procure any witnes or witnesses by letters rewardes promises or by any other sinister vnlawfull labour or meanes whatsoeuer to commit any wylful corrupt periury in any matter or cause whatsoeuer now depending or which hereafter shall depend in sute varyaunce by any writ action hyll complaynt or information in any wyse touching or concerning any landes tenementes or hereditamentes or any goodes cattels debtes or damages in any of the courtes before mentioned or in any of the Quenes Maiesties courtes of Record or in any leete viewe of franke pledge or lawdaye auncient demeane court hundred-courte courte baron or in the courte or courtes of the Stannery in the counties of Deuon and Cornwal or shall lykewyse vnlawfully and corruptly procure or suborne any witnes or witnesses which shall from and after the said tenth daye of Apryll be sworne to testifie in perpetuam rei memoriame that then euery such offendour or offendours shal for his hers or their said offence being therof lawfully conuicted or attainted lose and forfaite the sūme of fortie poundes And if it happen any such offendour or offendours so beyng conuicted or attaynted as aforesaid not to haue any goodes or cattelles landes or tenementes to the value of xl.li that then euery such person so beyng conuicte or attaynted of any the offences aforesayde shall for his or theyr sayde offence suffer imprisonment by the space of one halfe yere without bayle or mainprise and to stand vpon the pyllory by the space of one whole houre in some market Towne next adioynyng to the place where the offence was committed in open market there or in the market towne it selfe where the offence was cōmitted And that no person or persons beyng so conuicted or attaynted to be from thenceforth receaued as a witnes to be deposed or sworne in any Court of Record within anye of the Quenes hyghnes dominions of England Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayde person or persons shal be reuersed by attaynt or otherwyse and that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynste all euery such person and persons as dyd procure the sayde iudgement so reuersed to be fyrst geuen agaynst them or any of them by action or actions to be sued vppon his or theyr case or cases accordyng to the course of the common lawes of this Realme And be it further enacted by the aucthoritie aforesayde that yf any person or persons after the sayde tenth day of Apryll next commyng eyther by the subornation vnlawfull procurement sinister perswasion or meanes of any others or by theyr owne act consent or agrement wylfully and corruptly commit any maner of wylful periury by his or their deposition in anye of the Courtes before mentioned or beyng examined ad perpetuam rei memoriam that then euery person and persons so offendyng and beyng thereof duely conuict or attaynted by the lawes of this Realme shal for his or their sayde offence lose and forfait twentie poundes and to haue imprisonment by the space of .vi. monethes without bayle or mainprise and the othe of such person or persons so offendyng from thenceforth not to be receaued in anye Courte of Recorde within this Realme of Englande or Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayd person or persons shal be reuersed by attaynt or otherwyse And that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynst all and euery such person and persons as dyd procure the sayde iudgement so reuersed to be geuen agaynst them or any of them by action or actions to be sued vpon his or theyr case or cases accordyng to the course of the cōmon lawes of this Realme And yf it happen the said offendour or offendours so offendyng not
the amendement of the sayde hyghe wayes Prouided alwayes that it shall not be lawfull to any such Superuisour or superuisours by vertue of this Act to cause any rubbyshe to be dygged out of any quarry or quarryes but onely shall extende to such rubbyshe as shal be founde there redy dygged by the owner or owners of the sayde quarry or quarryes or otherwyse by his or theyr licence and commaundement nor shall not extende or geue aucthoritie to any superuisour or superuisours to dygge or cause to be digged any grauell sande or sinder in the house garden orcharde or medowe of any person or persons nor that it shal be lawefull by this Acte to any such superuisour or superuisours to cause any more pyttes to be dygged for grauell in any seuerall and inclosed grounde then one only and that the same pyt or hole so digged for grauell as is aforesayde shall not by any waye be in breadth or length aboue ten yardes ouer at the most And that euery such Superuisour as shall cause any such pyt to be made dygged for grauell sande or sinder as is abouesaid shall within one moneth next after any suche dyggyng or pyt made cause the same to be filled and stopped by with earth at the costes charges of the pashioners vpon payne to forfait to the owner or owners of the soyle wherein any such pyt shal be made and dygged for euery default fyue markes to be recouered by action of debte as in other lyke cases of debte hath ben accustomed And forasmuche as the hygh wayes in sundrye places of this Realme be full of continuall sprynges and water courses by continuall encrease and synkyng wherof into the grounde the sayde wayes are not only very depe daungerous but also for the moste part impossible to be amended and repaired in any good and sufficient maner without some further remedye prouided for the same Be it therfore by thaucthoritie aforesaide further enacted that from henceforth euery such Superuisour Superuisours as is aforesaide shall by force of this Act within the paryshe or limittes where he or they shal be Superuisours haue full power aucthoritie to turne any such water course or spring of water beyng in any of the sayde hygh wayes into any dyche or diches of the seuerall grounde or soyle of any person or persons whatsoeuer nexte adioynyng to the sayd wayes in such maner and fourme as by the discressions of the said Superuisours shal be thought metest and moste conuenient And be it further enacted by the aucthoritie aforesaide that the hayes fences dykes or hedges next adioynyng on eyther syde to any hygh or common fayryng way shall from time to tyme be dyked scoured repayred and kepte lowe and all trees and busshes growyng in the hygh wayes cut downe by the owner or owners of the grounde or soyle which shal be inclosed with the saide hayes fences dikes or hedges aforsaide whereby the saide wayes may be open and the people haue more redye and easye passage in the same And whereas in the saide statute made in the saide second and thirde yeres of the reignes of the sayde Kynge Phillip and Quene Mary there are but foure dayes yerely appointed for the reparations and amendement of the saide high wayes Be it further by this present Parlyament enacted that from hencefourth there shal be yerely six dayes duringe the tyme and force of this estatute obserued vsed and employed in reparation and amendement of the sayde high wayes in lyke maner and fourme as the saide foure dayes were lymitted and appointed to be obserued and kept by the saide estatute made in the saide second and thirde yeres of Kynge Phillippe and Quene Mary And be it further enacted by the aucthoritie aforesaide that from hencefourth all and euerye suche Superuisour or Superuisours for the tyme beinge within one moneth next after defaulte or offence made done or committed by any person or persons contrary to the prouision purporte and true meanynge of the saide estatute made in the second and third yeres of Kynge Philippe and Quene Mary or contrary to the prouision purport and true meanynge of this present Acte shall present euery such default or offence to the nexte Iustice of peace for the tyme beinge vppon payne to forfait for euery suche defaulte and offence in suche forte not by them presented xl.s And that euery suche Iustice of peace to whom any suche defaulte or offence shal be presented as is aforesaid shall certifie the same presentment so to him made at the nexte generall Sessions within the said Countie then nexte after to be holden vppon payne to forfayt for not certifyinge of euery suche presentment of euery suche defaulte or offence as is aforsaide v.li And that the Iustices of peace of euery Countie where the saide defaultes or offences shal be committed shall immediatly haue aucthoritie to enquire of any suche defaulte or offence committed within the limittes of their commission at euery their quarter Sessions and to assesse suche fynes for the same as they or two of them whereof the one to be of the Quorum shall thinke mete And be it further enacted by the aucthoritie aforesaide that euery Iustice of peace shall haue aucthoritie by this statute vpon his owne proper knowledge in the open generall Sessions to make presentment of any high waye not well and sufficiently repayred and amended or of any other defaulte or offence committed or done within the Countie and limittes of his commission contrary to the prouision and entente of this statute or the saide statute made in the seconde and third yeres of Kyng Phillippe and Quene Mary And that euery such presentment made by any such Iustice of peace vppon his owne knowledge as is aforesaide shal be as good and of the same force strength effect in the law as if the same had ben presented founde and adiudged by the othe of .xii. men And that for euery such defaulte so presented as is aforesaide the Iustices of the peace of the saide Countie shall immediatly at the said generall Sessions haue aucthoritie to assesse suche fynes as to them or two of them wherof the one to be of the Quorum shal be thought mete Sauing euery person and persons that shal be touched by any suche presentment to haue his or their lawfull trauers to the same presentment as they might haue vpon any Indictement of trespas or forcible entrye by the lawes of this Realme before the making of this estatute And that all suche fynes forfaitures and amerciamentes to be assessed by the said Iustices of the peace at their generall Sessions in any the cases aforesaid shal be estreated by the clerke of the peace of the saide Countie and shal be leuyed in suche maner and fourme and employed to suche vses and ententes as in the saide statute made in the second and third yeres of Kynge Phillippe and Quene Mary is limitted and appointed This Acte to continue for twentie yeres nexte after
the begynnynge of this present Parliament and from thence vntill the ende of the Parlyament then nexte after to be holden ¶ An Acte against the forgyng of Euidences and Wrytynges The .xiiii. Chapter FOrasmuche as the wicked perniciouse and daungerous practise of makinge forging and publishinge of false and vntrue Charters euidences dedes and writynges hath of late tyme ben very muche more practised vsed and put in bre in all partes of this Realme then in times passed not only to the high displeasure of God but also to the greate iniurye wronge hurte domage disherison and vtter vndoing of diuers the Quenes Maiesties subiectes of this Realme and to the greate subuersion of Iustice and trueth which semeth to haue growen and happened chieflye by reason that the paynes and punishments limitted for suche greate and notable offences by the lawes and statutes of this Realme before this time haue ben and yet are so small mylde and easye that suche euil people haue not ben nor yet are afrayed to enterprise the practisynge and doinge of suche offences Be it therfore enacted by the Quenes moste excellent Maiestie with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same that if any person or persons whatsoeuer after the firste daye of Iune nowe nexte comming vpon his or their owne head and imagination or by false conspiracie and fraude with others shall wittingly subtillye and falsely forge or make or subtellye cause or wittinglie assent to be forged or made any false dede Charter or writinge sealed court roole or the will of any person or persons in writtinge to the intent that the state of freeholde or inheritaunce of any person or persons of in or to any landes tenementes or hereditamentes freeholde or Copie holde or the right tytle or interest of any person or persons of in or to the same or any of them shall or maye be molested troubled defeated recouered or charged or after the saide firste daye of Iune shall pronounce publishe or shewe forth in euidence any suche false and forged dede Charter wrytynge Court roole or will as true knowing the same to be false and forged as is aforesaide to the intent aboue remembred and shal be therof conuicted either vpon action or actions of forger of false dedes to be founded vpon this statute at the suite of the partie greued or otherwise accordinge to the order and due course of the lawes of this Realme or vpon bill or information to be exhibited into the Court of the Starre chamber according to the order and vse of that courte shall paye vnto the partie grieued his double costes and damages to be founde or assessed in that Court where suche conuiction shal be and also shal be set vpon the Pyllorye in some open market towne or other open place and there to haue both his eares cut of also his nosetrelles to be slyt and cut and seared with an hot yron so as they maye remaine for a perpetual note or marke of his falshead and shall forfait to the Quene our soueraigne Lady her heires and successours the whole issues and proffites of his landes tenementes duringe his life and also shall suffer and haue perpetuall imprisonment during his life The said damages and costes to be recouered at the suite of the partie greued as is aforesaid to be first payde and leuyed of the goodes and Cattels of the offendour and of the yssues and profites of the said landes tenemētes and hereditamentes of such partie conuicted or of one or both of them the saide title of our saide soueraigne Ladye the Quene her heyres or successours to the same notwithstandyng And be it further enacted by the aucthoritie aforesaid that if any person or persons after the saide first daye of Iune vpon his or their owne head or imagination or by false conspiration or fraude had with any other shall wittingly subtelly and falselye forge or make or wittinglye subtelly and falsely cause or assent to be made and forged any false Charter dede or writinge to the intent that any person or persons shall or may haue or clayme any estate or interest for tearme of yeres of in or to any manours landes tenementes or hereditamentes not being copie holde or any annuitie in fee simple fee taile for terme of lyfe lyues or yeres or after the said day shal as is aforesaid forge make or cause or assent to be made or forged any obligation or bill obligatorie or any acquittaunce release or other discharge of any debte accompte action suite demaunde or other thing personall or if any person or persons after the saide firste day of Iune shall pronounce publishe or geue in euidence any suche false or forged Charter dede writynge obligation bill obligatorie acquittaunce release or discharge as true knowynge the same to be false and forged and shal be thereof conuicted by any the wayes or means aforesaide that then he shall paye vnto the partie greued his double çostes and damages to be founde and assessed in suche courte where the saide conuiction shal be had and shal be also set vpon the Pyllorie in some open market towne or other open place and there to haue one of his cares cut of and also shall haue and suffer imprisonment by the space of one whole yere without bayle or mainprise And be it further enacted by the aucthoritie aforesaid that the partie and parties greued by reason of any the offences aforesaide shall and maye at his and their pleasure haue and sue his action of forger of false dedes vpon this statute against any the offendours in the same by originall writte out of the Quenes highnes Courte of Chauncerie and shall and maye haue lyke processe vppon the same as in cases of trespasse at the common lawe or maye at his pleasure take his suite against any suche offendours in any the premisses by byl before the Quenes highnes her heyres and successours in her Court commonlye called the kynges Benche or in the Court of the Exchequer in whiche suites no essoygne iniunction or protection shal be allowed for the partie defendaunt And be it further enacted by the aucthoritie aforesaide that yf the partie defendaunt shal be conuicted for any the offences aforesaid accordyng to the order and fourme aboue lymitted and shall haue receaued thereupon punishement corporall accordynge to this acte that then he shall not eftsones be empeached for the same offence And be it further enacted by the aucthoritie aforesaide that although the partie or parties plaintife in any suche action or byll to be sued as is aforesaid shal after verdyt passed against the defendaunt or defendauntes happen to releasse or discharge the iudgemēt or execution vpon the same or otherwise suffer the same to be discontinued that yet neuerthelesse the same releasse discharge or discontinuaunce shall extende onelye to discharge suche costes and damages as the same plaintifes shoulde haue had against the defendaunt
to any manoues landes tenementes or hereditamentes or any annuitye rent or profite forth of anye manours landes tenementes or hereditamentes or to the entent to alter defeate moleste trouble charge or recouer the estate of inheritaunce freholde or for yeres of any person in any manours landes tenementes rentes or hereditamentes That then euery person and persons that shall so offende and shal be thereof conuicted in fourme firste aboue remembred shall paye vnto the partie greued double costes and damages and shall haue imprisonment losse of eares slittinge and searynge of nose and forfaiture of landes in the same maner and fourme as aboue is lymitted for any person that shal offende by forgynge or publishynge of any false dede or writynge as is aforesayde after the aforesaide first daye of Iune Prouided alwayes and be it enacted by the aucthoritie aforesayde that this Acte nor any paine forfaiture or thynge therin conteyned shall extende to any Attourney Lawyer or Counselour that shall for his clyent pleade shewe forth or geue in euidence any false and forged dede Charter wille Courtrolle or other wrytynge for true or good beinge not partye and priuey to the forgynge of the same for the pleadynge shewynge forthe or geuynge in euydence of the same Anye thinge in this Acte to the contrarye notwithstandynge Prouyded alwayes and be it enacted by the aucthoritie aforesaid that this Acte or any thynge therein conteyned shall not extende to any person or persons that shall pleade or shewe forth any dede or writynge exemplifyed vnder the greate Seal of Englande or vnder the Seal of any other Autentique Court of this Realme nor shall extende to any Iudge or Iustice or other person that shall cause any Seal of any Court to be set to any suche dede Charter or wrytynge inrolled not knowynge the same to be false or forged Any thynge in this Acte to the contrary notwithstandyng ¶ An Acte against fonde and Phantasticall Prophesies The .xv. Chapter FOrasmuche as sithens the expiration and ending of the Statute made in the time of Kynge Edwarde the sixte entytuled an acte against fonde and fantasticall prophesies diuers euill disposed persons enclined to the stirring and mouinge of factions seditions and rebellions within this Realme haue byn the more bolde to attempte the lyke practise in fayning imagining inuenting and publyshing of suche fonde and phantastical prophesies aswel concerning the Quenes Maiestie as diuers honorable personages Gentilmen and others of this Realme as was vsed and practised before the makinge of the saide statute to the greate disquiete trouble and perill of the Quenes Maiestie and of this her Realme For remedie wherof Be it ordeyned and enacted by the aucthoritie of this present Parlyament that if any person or persons after the first daye of Maye nexte comminge do aduisedly and directly aduaunce publishe and set forth by writing printing syngyng or any other open speache or dede to any person or persons any fonde phantasticall or false prophesie vpon or by the occasion of any armes fieldes beastes badges or suche other lyke thinges accustomed in armes cognisaunces or signettes or vpon or by reason of any tyme yere or day name blodshed or warre to the intent thereby to make any rebellion insurrection dissention losse of life or other disturbaunce within this Reame and other the Quenes dominions that then euery suche person beinge thereof lawfullye conuicted accordynge to the due course of the lawes of this Realme for euerie suche offence shall suffer imprisonment of his bodye by the space of one yere without bayle or mainprise and shall forfait for euerye suche offence the summe of tenne poundes And if any suche offendour do after suche conuiction eftsones offende in any of the premisses and be thereof lawfullye conuicted as is aforesaid that then euery suche offendour shall for his seconde offence and conuiction as is aforesaide suffer imprisonment of his bodie without bayle or mainprise duringe his life and shall forfait al his goods and cattels realles and personales The moities of euery whiche forfaitures shal be to the Quenes highnes her heyres and successours and the other moities thereof to him that shall or will sue for the same in any of the Quenes courtes of recorde by action bill plainte or information in which case no essoygne wager of lawe or protection shal be allowed or admitted And be it further enacted by the aucthoritie aforesaid that all and euerye Iustice of assise Iustice of Oyer and determiner Iustice of peace shall haue full power and aucthoritie by vertue hereof to enquire heare and determine all and euery offence or offences abouesaid committed or done within the lymittes of their comission contrarye to the tenour and meanynge of this Acte Prouided alwayes and be it enacted by the aucthoritie aforesaide that no person or persons shall at any tyme hereafter be empeached for any offence hereafter to be committed or done contrarie to this acte vnlesse he be therefore empeached or accused within sixe monethes nexte ensuynge any suche offence by hym or them committed or done ¶ An Acte against Coniurations Enchauntmentes and Witchcraftes The .xvi. Chapter WHere at this present there is no ordinarye ne condigne punishment prouided against the practisers of the wicked offences of coniurations inuocations of euill Spirites of Sorceries Enchauntementes charmes and witchcraftes the whiche offences by force of a Statute made in the .xxxiii. yere of the reigne of the late Kyng Henry the .viii. were made to be felony so continued vntill the saide Statute was repealed by the acte and statute of repeale made in the first yere of the reigne of the late Kynge Edwarde the sixte Sithens the repeale whereof many fantasticall and diuelishe persons haue deuised and practised Inuocations and Coniurations of euill and wicked Spirites and haue vsed practised witchcraftes enchauntmentes charmes and Sorceries to the destruction of the persons and goods of their niegbours and other subiectes of this Realme for other lewde intents and purposes contrarie to the lawes of almightie God to the perill of their owne soules and to the greate infamie and disquietnes of this Realme For reformation whereof be it enacted by the Quenes Maiestie with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same that if any person or persons after the first day of Iune nexte comming vse practise exercise any Inuocations or Coniurations of euill and wicked Spirites to or for any intent or purpose or els if any person or persons after the saide first day of Iune shall vse practise or exercise any witchcrafte enchauntement charme or Sorcerie whereby any person shall happen to be kylled or destroyed that then aswell euery suche offendour or offendours in Inuocations or coniurations as is aforesaid their aydours and counsellours as also euerie such offendour or offendours in witchcrafte enchaunmente charme or Sorcerie whereby the death of any person dothe ensue their aidours and counsailours beinge
of eyther of the said offenses lawfully conuicted and attainted shall suffer paynes of death as a felon or felons and shall lose the priuilege and benefite of Clergie and sanctuarie Sauinge to the wyfe of suche person her tytle of dower and also to the heyre and successour of suche person his or their tytles of inheritaunce succession and other rightes as though no suche attaindour of the auncestour or predecessour had ben had or made And further be it enacted by the aucthoritie aforesiade that if any person or persons after the saide first daye of Iune nexte commyng shall vse practise or exercise any witchcrafte enchauntement charme or sorcerie whereby any person shal happen to be wasted consumed or lamed in his or her bodie or membre or whereby any goodes or Catels of any person shal be destroyed wasted or empayred then euerye suche offendour or offendours their counsailours and aydours being thereof lawfullye conuicted shall for his or their firste offence or offences suffer imprisonment by the space of one whole yere withoute bayle or mainprise and once in euery quarter of the said yere shall in some market towne vppon the market daye or at suche tyme as any Fayre shal be kepte there stande openly vpon the Pyllorie by the space of .vi. houres and there shall openly confesse his or her errour and offence and for the seconde offence beinge as is aforesaide lawefullye conuicted or attained shall suffer death as a felon and shall lose the priuilege of Clergie and Sanctuary Sauinge to the wyfe of suche person her tytle of dower and also to the heyre and successour of suche person his or their tytles of inheritaunce succession and other rightes as thoughe no suche attaindour of the auncestour or predecessour had ben had or made Prouided alwayes that yf the offendour in any of the cases aforesaide for whiche the paynes or death shall ensue shall happen to be a peere of the Realme then his tryall therin to be had by his peeres as it is vsed in cases of fellonye or treason and not otherwise And further to the intent that all maner of practise vse or exercise of Whitchcrafte Enchauntemente Charme or Sorcerie shoulde be from henceforth vtterlye auoyded abolished and taken awaye Be it enacted by the aucthoritie of his present Parlyament that yf any person or persons shall from and after the sayde first daye of Iune nexte commynge take vpon hym or them by wytchcrafte Enchauntement charme or Sorcerye to tell or declare in what place any treasure of golde or siluer shoulde or might be founde or had in the earth or other secret places or where goodes or thinges loste or stollen shoulde be founde or become or shall vse or practise any Sorcerie Enchauntemente Charme or Witchcrafte to the intent to prouoke any person to vnlawful loue or to hurt or destroye any person in his or her bodye member or goodes That then euery suche person or persons so offendynge and beinge thereof lawfullye conuicted shall for the sayde offence suffer imprisonment by the space of one whole yere without bayle or mainprise and once in euery quarter of the sayde yere shall in some market towne vppon the market daye or at suche tyme as any Fayre shal be kepte there stande openlye vpon the Pyllorie by the space of sixe houres and there shall openly confesse his or her errour and offence And if any person or persons beinge once conuicted of the same offences as is aforesaid do eftsones parpetrate and committe the lyke offence That then euery suche offendour being thereof the seconde tyme conuicted as is aforesaide shall forfaite vnto the Quenes Maiestie her heyres and successours all his goodes and cattelles and suffer imprisonment durynge lyfe ¶ An Acte for the punyshement of the vyce of Buggorye The .xvii. Chapter WHere in the Parlyament begonne at London the third daye of Nouember in the .xxi. yere of the late Kyng of most famous memorie Kyng Henry the eight and after by prorogation holden at Westminster in the .xxv. yere of the reigne of the saide late Kynge there was one Acte and statute made entytuled an Acte for the punyshement of the vice of Buggorye whereby the sayde detestable vice was made felony as in the sayde Estatute more at large it doth and maye appeare Forasmuche as the sayde statute concernynge the punishement of the sayde cryme and offence of Buggorie standeth at this present repealed and voyde by vertue of the statute of repeale made in the first yere of the reigne of the late Quene Mary Sithen whiche repeale so had and made diuers euill disposed persons haue ben the more bolde to commit the sayde moste horrible and detestable vyce of Buggorie aforesaide to the high displeasure of almightie God Be it enacted ordeyned and established by the Quene our soueraigne Lady and by the assent of the Lordes Spirituall and temporall and the Commons in this present Parlyament assembled and by the aucthoritie of the same that the sayd statute before mentioned made in the xxv yere of the sayde late Kynge Henry the eyght for the punishement of the sayde detestable vyce of Buggorye and euery braunche clause article and sentence therein conteyned shall from and after the first daye of Iune nexte commynge be reuiued and from thenceforth shall stande remayne and be in full force strength and effecte for euer in suche maner fourme and condition as the same statute was at the daye of the death of the sayde late Kynge Henry the eyght the sayde statute of repeale made in the sayde firste yere of the sayde late Quene Mary or any wordes generall or speciall therin conteyned or any other Acte or Actes thinge or thinges to the contrary notwithstandyng An Act declaryng thaucthoritie of the Lorde keper of the great Seale of Englande and the Lorde Chauncelour to be one ¶ The .xviii. Chapter WHere some question hath of late rysen whether lyke place aucthoritie preheminence iurisdiction and power doth belong and of ryght ought to belong to the office of the Lorde keper of the greate Seale of Englande for the tyme beyng as of right doth and ought to belong to the office of the Lorde Chauncelour of Englande for the tyme beyng or not For declaration wherof and in aduoydyng such question hereafter Be it enacted and declared by the Quene our Soueraigne Lady the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same that the common lawe of this Realme is and alwayes was and ought to be taken that the keper of the great Seale of Englande for the tyme beyng hath alwayes had vsed and executed and of ryght ought to haue vse and execute and from henceforth may haue perceaue take vse and execute as of ryght belongyng to thoffice of the keper of the great Seale of Englande for the time beyng the same and lyke place aucthoritie preheminence iurisdiction execution of lawes and all other customes commodities and aduauntages as the
any wyse notwithstandyng An Act for the punyshment of vnlawfull takyng of Fyshe Deare or Haukes ¶ The .xxi. Chapter WHERE aswell the Quenes Maiestie and her moste noble progenitours as also the noble men gentlemen and diuers other persons of great dominions Lordeshyppes manours possessions within this Realme haue of auncient long time had and many of them nowe of late to theyr great costes and charges for the necessarye better prouision maintenaūce of theyr housholdes haue erected and made in and vpon theyr seuerall demeanes groundes possessions aswell pooles stanges stewes motes pyttes or pondes for the only encrease of Fishe and haue stored the same with Pikerell Breame Tenche Carpe and diuers other good kyndes of fishe for the necessary encrease of vittayles and for the better maintenaūce and prouision of their houses as is aforesayde and also haue emparked enuironed enclosed many parcels of their said demeanes soyles groundes and possessions for the breedyng cherishyng and encrease aswell of redde as fallowe Deare within theyr seuerall parkes and inclosures for the causes afore declared and also haue breeding within their woods groundes diuers Eyries of hawkes of sundry kyndes to theyr great pleasure and commoditie Yet neuerthelesse the saide seuerall waters groundes parkes and enclosures so beyng had erected and made and also beyng so stored and replenyshed haue ben from time to time by euyll disposed persons of a very euyll wylfull and insolent disposition of mallyce and displeasure not only by night time broken and entred into but also the heddes or dammes of the said pondes pooles stanges motes stewes or seuerall waters haue ben maliciously wylfully and vnlawfully cut out and the pales fences and inclosures of the saide parkes and groundes broken cast downe set open and the Fishe Deare and Hawkes within the same taken destroyed caryed away and stollen not only to the great losse and damage of the owners therof and to the small encouragement of other good subiects myndyng the carefull prouision of suche necessary victualles but also to the manifest emboldenyng of many lyke wylfull malefactours and malicious offendours wherby many ryots manslaughters mischiefes and other inconueniences haue ben dayly perpetrated and lyke to be committed and done yf circumspect remedye be not herevnto prouided Be it therfore enacted by the Quenes Maiestie the Lordes spirituall and temporall and the cōmons of this present Parliament assembled and by the aucthoritie of the same that yf any person or persons after the feast of Pentecost next cōmyng shall at any tyme by day or by nyght vnlawfully without aucthoritie breake cutte downe cut out or destroy any hedde or heddes damme or dammes of any pondes pooles motes stanges stewes or seuerall pyttes wherin fyshe are or shall happen to be put in or stored withall by the owners or possessioners therof or do or shall wrongfully fyshe in any the sayde seuerall pondes pooles motes stanges stewes or pyttes to thintent to destroye kyll take or steale away any of the same fyshe agaynst the wyll mynde or pleasure of the owners or possessioners of the same not hauyng any lawefull tytle or aucthoritie so to do and therof be lawefully conuicted at the suite of our soueraigne Lady the Quene her heyres or successours or the partie grieued shall suffer imprisonment of his or theyr bodyes by the space of three monethes and shall yelde and paye to the partie grieued his treble damages and after the saide three monethes expired shall fynde sufficient suerties for his or theyr good abearing agaynst the Quene our soueraigne Lady her heyres successours and al her liege people for the space of seuen yeres after or els shal remayne and continue styll in pryson without bayle or mainprise vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the sayde tyme and space of seuen yeres as is aforesayde AND be it also enacted by aucthoritie of this present Parliament that yf any person or persons after the sayde feast of Pentecost next commyng at any tyme by nyght or by day in maner aforesaid wrongfully or vnlawfully breake or enter into any parke empaled or any other seuerall grounde closed with wall pale or hedge and vsed for the kepyng breedyng and cherishing of Deare and so wrongfully hunt dryue or chase out or take kyll or slea any Deare within any suche empaled parke or closed grounde with wall pale or other inclosure and vsed for Deare as is aforesaide or do or shal take away any Hawke or Hawkes or the egges of any of them by any wayes or meanes vnlawefullye out of any the woods or grounde of any person or persons not hauyng lawefull aucthoritie or licence so to do and therof be lawfully conuicted at the suite of our soueraigne Lady the Quene or the partie grieued as is aforesayde shall lykewyse suffer imprisonment of his or theyr bodyes by the space of three monethes and shall yelde and paye to the partie grieued his treble damages And after the sayde three monethes expired shall fynde sufficient suerties for his or theyr good abearing for the space of .vii. yeres after against the Quenes Maiestie her heyres and successours and all her liege people as is aforesayde or els shall remayne continue styll in pryson without bayle or mainpryse vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the said time of vii yeres as is afore rehearsed Prouided alwayes that this Acte or any thyng therein conteyned extende not to any parke or inclosed grounde hereafter to be made vsed for Deare without the graunt or licence of our soueraigne Lady the Quene her heyres successours or progenitours Prouided alwayes and be it enacted by aucthoritie aforesaide that it shal be lawful for the partie grieued to sue and take his further remedie agaynst all and euery such offendour and offendours for his losse and damages and to recouer the treble value of the same in this behalfe aswell before Iustices of Oyer and determiner Iustices of Assyse in theyr circuites and Iustices of the peace as els where in any other the Quenes courtes of Recorde and that vpon the true satisfaction of the sayde treble damages to the partie grieued or vpon the confession and knowledge therof by the same partie before the sayde Iustices in open sessions to be holden within the Countie where the offence was committed it shal be at the libertie of the same partie grieued to whom the sayde offence was committed to release at his pleasure the sayde suertishyp of good abearyng at any tyme within the sayde seuen yeres or before Any thyng in this present Acte before specified or expressed to the contrary notwithstandyng And be it further enacted by the aucthoritie aforesayde that the Iustices of Oyer and determiner Iustices of Assyse in theyr circuites and Iustices of the peace and gaole delyuery in theyr Sessions shall by vertue hereof haue power and aucthoritie to
deputies And if afterwardes it shall or may appeare to the Iustices of the same Courte for the time beyng that the same writ so deliuered of Record be not duely retourned before them at the day of the retourne therof or that any other defaulte or negligence hath ben vsed or had in the not wel seruing and executing of the said writte that then the Iustices of the sayde court shall and may by aucthoritie of this Acte assesse such amerciament vpon the said Sheriffe or other officer in whom such default shal appeare as to the discression of the sayd Iustices shal be thought mete conuenient whiche americiament so assessed shal be extreated into the court of the Exchequer as other amerciamentes haue ben vsed And be it further enacted by thaucthoritie aforesayde that the Sheriffe or other officer to whom suche writte of Excomnicato capiendo or other proces by vertue of this Acte shal be directed shall not in any wyse be compelled to bryng the body of such person or persons as shal be named in the said writte or proces into the sayd court of the kynges Bench at the day of the retourne therof but shall only retourne the same writte proces thyther with declaration briefly howe and in what maner he hath serued and executed the same to thintent that thervpon the said Iustices may then further therin proceade accordyng to the tenor and effect of this present Acte And yf the saide Sheriffe or other officer to whom th execution of the said writte shal so appertayne do or shal retourne that the partie or parties named in the sayd writte can not be founde within his Baylywyke that then the sayde Iustices of the kynges Bench for the tyme being vpon euery such retourne shall award one writ of Capias agaynst the said person or persons named in the saide writ of Excomunicato capiendo retournable in the same Court in the Tearme tyme two monethes at the least next after the Teste thereof with a proclamation to be conteyned within the sayd writte of Capias that the Sheriffe or other officer to whom the same writ shal be directed in the full Countie court or els at the generall Assises Gaole delyuery to be holden within the same Countie or at a quarter Sessions to be holden before the Iustices of peace within the same Countie shal make open proclamation ten dayes at the least before the retourne that the partie or parties named in the sayde writte shall within .vi. dayes next after such proclamation yelde his or their body or bodyes to the gaole and pryson of the said Sheriffe or other such officer there to remayne as a prisoner accordyng to the tenour and effect of the first writte of Excomunicato capiendo vpon paine of forfaiture of x.li And thervpon after such proclamation hadde and the saide .vi. dayes past and expired then the sayd Sheriffe or other officer to whom such writ of Capias shal be directed shal make retourne of the same writte of Capias into the said court of the kynges Bench of all that he hath done in th execution therof and whether the partie named in the sayd wrytte haue yelded his body to pryson or not And yf vpon the retourne of the sayde Sheriffe it shall appeare that the partie or parties named in the said writte of Capias or any of them haue not yelded theyr bodyes to the gaole and prison of the sayde Sheriffe or other officer accordyng to the effecte of the same proclamation that then euery such person that so shall make default shall for euery suche default forfaite to the Quenes hyghnes her heyres and successours ten poundes which shall lyke wyse be extreated by the sayde Iustices into the sayde court of Exchequer in such maner and fourme as fines and amerciamentes there taxed and assessed are vsed to be And therevpon the sayde Iustices of the kynges Bench shall also awarde forth one other writte of Capias agaynste the person or persons that so shal be retourned to haue made default with such lyke proclamation as was conteyned in the first Capias and a payne of xx.li to be mentioned in the said seconde writte and proclamation And the Sheriffe or other officer to whom the saide second writte of Capias shal be so directed shal be serue and execute the same second writte in such like maner and fourme as before is expressed for the seruyng and executyng of the sayde first writte of Capias And if the Sheriffe or other officer shall retourne vpon the said second Capias that he hath made the proclamation accordyng to the tenour and effecte of the same writte and that the partie hath not yelded his bodye to pryson accordyng to the tenour of the sayde proclamation that than the sayde partie that so shall make default shall for such his contempt and default forfait to the Quenes highnes her heyres and successours the summe of xx.li which sayde summe of xx.li the sayde Iustices of the kynges Benche for the tyme beyng shall lykewyse cause to be extreated into the sayde court of Exchequer in maner and fourme aforesayde And then the sayde Iustices shall lykewise awarde forth one other writte of Capias agaynst the said partie with such lyke proclamation and payne of forfaiture as was conteyned in the sayd seconde writte of Capias And the Sheriffe or other officer to whom the sayd third writte of Capias shall so be directed shall serue and execute the said third writte of Capias in suche lyke maner and fourme as before in this Acte is expressed and declared for the seruyng executyng of the said first second writtes of Capias And if the Sheriffe or other officer to whō th execution of the said third writte shal appertaine do make retourne of the said third writte of Capias that y e partie vpon such proclamatiō hath not yelded his body to prison according to the tenor therof that then euery such partie for euery such contempt and defaulte shall lykewyse forfait to the Quenes Maiestie her heires and successours other xx.li which summe of xx.li shall lykewyse be extreated into the said Court of the Exchequer in maner and fourme aforesayde and thervpon the sayde Iustices of the kynges Benche shall lykewyse awarde for the one writ of Capias against the sayde partie with lyke proclamation and lyke payne of forfaiture of xx.li And that also the saide Iustices shall haue aucthoritie by this Acte infinitely to awarde suche proces of Capias with such lyke proclamation and paine of forfaiture of xx.li as is before limitted agaynst the saide partie that so shall make default in yeldyng of his body to the prison of the Sheriffe vntyll such tyme as by retourne of some of the sayde writtes before the said Iustices it shall and may appeare that the said partie hath yelded him selfe to the custody of the said Sheriffe or other officer accordyng to the tenor of the said proclamation and that the partie vpon euery
default contempt by him made against the proclamation of any of the saide writtes so infinitelye to be awarded against hym shall incurre lyke payne and forfaiture of xx.li which shall lykewyse be extreated in maner and fourme aforesayde And be it further enacted by thaucthoritie aforesaid that when any person or persons shall yelde his or theyr body or bodyes to the handes of the sheriffe or other officer vpon any of the saide writtes of Capias that then the same partie or parties that shal so yeld them selues shall remayne in the prison and custody of the sayde sheriffe or other officer without Bayle Baston or maynpryse in suche lyke maner and fourme to all intentes and purposes as he or they shoulde or ought to haue done if he or they hadde ben apprehended and taken vpon the sayde writte of Excomunicato capiendo And be it further enacted by thaucthoritie aforesaid that if any Sheriffe or other officer by whom the sayde writte of Capias or any of them shal be retourned as is aforesayde do make an vntrue retourne vpon any of the sayde writtes that the partie named in the saide writte hath not yelded his body vpon the said proclamations or any of them where in dede the partie did yelde him selfe accordyng to the effect of the same That then euery suche Sheriffe or other officer for euery such false and vntrue retourne shall forfait to the partie grieued dampnified by the said retourne the sūme of xl.li For the which summe of xl.li the said partie grieued shal haue his recouery and due remedie by action of debt byll playnt or information in any of the Quenes courtes of Record in which action byll playnt or information no essoigne protection or wager of lawe shal be admitted or alowed for the partie defendaunt Sauyng and reseruing to all Archbyshops and Byshops and all others hauing aucthoritie to certifie any person excommunicated lyke aucthoritie to accept receaue the submission and satisfaction of the sayde person so excommunicated in maner and fourme heretofore vsed and hym to absolue and release and the same to signifie as heretofore it hath ben accustomed to the Quenes Maiestie her heyres and successours into the hygh court of Chaūcery and thervpon to haue such writtes for the deliueraunce of the said person so absolued released from the Sheriffes custody or prison as heretofore they or any of them had or of ryght ought or myght haue had Any thyng in this present Statute specified or conteyned to the contrary hereof in any wyse notwithstandyng Prouided alwayes that in Wales the Counties palatines of Lancaster Chester Durham and Eley in the Sinque portes beyng iurisdictions and places exempt where the Quenes Maiesties writte doth not runne and proces of Capias from thence not retournable into the sayde Courte of the kynges Benche after any significauit beyng of recorde in the sayde court of Chauncerye the tenour of such Significauit by Mittimus shal be sent to such of the head officers of the sayde countrye of Wales Counties palatines and places exempt within whose offices charge or iurisdiction the offendour shal be resiaunt that is to say to the Chauncelour or Chamberlayne for the sayde Countie palatine of Lancaster and Chester and for the Sinque portes to the Lorde Warden of the same and for Wales and Eley and the Countie palatine of Durham to the chiefe Iustice or Iustices there And therevpon euery of the saide Iustices and officers to whom such tenour of Significauit with Mittimus shal be directed and delyuered shall by vertue of this estatute haue power and aucthoritie to make lyke proces to the inferiour officer and officers to whom the execution of proces there doth appertayne returnable before the Iustices there at their next Sessions or Courtes two monethes at the least after the Teste of euery suche proces So alwayes as in euery degree they shal proceade in their Sessions and Courtes agaynst the offendours as the Iustices of the sayde Courte of Kynges Benche are limitted by the tenour of this Acte in Terme tymes to do and execute Prouided also and be it enacted that any person at the tyme of any proces of Capias afore mentioned awarded beyng in pryson or out of this Realme in the Parties beyonde the Sea or within age or of non sane memorie or woman couert shall not incurre any of the paynes or forfaitures afore mentioned whiche shall growe by any retourne or default happenyng duryng such tyme of nonage imprisonment beyng beyonde the Sea or non sane memorie And that by vertue of this estatute the partie greued may pleade euery such cause or matter in barre of and vpon the distresse or other proces that shal be made for leuying of any of the sayde paynes or forfaitures And that yf thoffendour agaynst whom any suche writte of Excomunicato capiendo shal be awarded shall not in the same writte of Excomunicato capiendo haue a sufficient and lawfull addition accordyng to the fourme of the estatute of prime of Henry the .v. in cases of certaine suites whervpon proces of exigent are to be awarded Or if in the Significauit it be not conteyned that thexcommunication doth proceade vpon some cause or contempt of some originall matter of heresye or refusyng to haue his or theyr chylde baptised or to receaue the holy Communion as it is nowe commonly vsed to be receaued in the Churche of Englande or to come to diuine seruice nowe commonly vsed in the sayde Churche of Englande or errour in matters of religion or doctrine nowe receaued and allowed in the sayde Churche of Englande incontinencie vsury simonie periury in the Ecclesiasticall court or Idolatrye That then all and euery paynes and forfaitures limitted agaynst suche persones excommunicate by this estatute by reason of such writte of excomunicato capiendo wantyng sufficiēt addition or of such Significauit wanting all the causes afore mentioned shal be vtterly voyde in lawe and by waye of plea to be alowed to the partie grieued And yf the addition shal be with a nuper of the place then in euery such case at the awarding of the first Capias with proclamation according to the fourme afore mentioned one writte of proclamation without any payne expressed shal be awarded into the Countie where the offendour shal be most commonly resyant at the tyme of the awardyng of the sayde first Capias with payne in the same writte of proclamation to be retournable the daye of the retourne of the sayde fyrst Capias with payne and proclamation therevpon at some one such tyme and court as is prescribed for the proclamation vpon the sayde fyrst Capias with payne And yf such proclamation be not made in the Countie where thoffendour shal be moste commonly resiaunt in such cases of additions of nuper that then such offendour shal susteine no payne or forfaiture by vertue of this estatute for not yeldyng his or her bodye accordyng to the tenour afore mentioned Any thing before specified
the Iustices of the greate Session in any of the said Shires or Countie Palatines or their deputies there or els after apparaunce of a full Iurye by challenge of any of the parties the Iurie is lyke to remayne vntaken for defaulte of Iurours that then the same Iustices in euery of the said Shires and Countie Palatines for the tyme beinge or their deputie or deputies vpō request made by the partie plaintife or demaundaunt s●●l haue full aucthoritie by vertue of this Acte to commaunde the Sheriffe or other Minister or Ministers to whom the makynge of the saide Returne shall apperteyne to name and appointe as often as nede shall require so many of suche other able persons of the sayde Counties then present at the saide greate Session as shall make vp a full Iurye whiche persons so to be named and impanelled by suche Sheriffe or other Minister or Ministers shal be added to the former panell their names annexed to the same And that euery of the parties shal may haue his or their challenge to the Iurours so named added and annexed to the saide former panell by the sayde Sheriffe or other minister or ministers in suche wise as yf they had ben impanelled vppon the venire facias awarded to trye the sayde issue And that the sayde Iustices and euery of them and their deputie or deputies shall and maye proceade to the tryall of euery suche Issue with those persons that were before impanelled retourned with those newly added and annexed to the saide former panell by vertue of this acte in suche wise as they might or ought to haue done yf all the sayde Iurours had ben retourned vppon the writte of venire facias awarded to trye the saide issue And that all and euery suche tryall had shal be as good and effectuall in the lawe to all intentes constructions purposes as if such tryal had ben had and tryed by .xii. of the Iurours impanelled retourned vpon the writ of venire facias awarded to trye suche issue And in case suche persons as the saide Sheriffe minister or ministers shall name and appointe as is aforesayde or any of them after they shal be called be presente and do not appeare or after his or their appearaunce do wilfullie withdrawe him or them selues from the presence of the Court that then suche Iustices or their deputies shall and maye set suche syne vpon euery suche Iurour makynge defaulte or wilfully withdrawinge hym selfe as aforesaide as they shall thinke good by their discressions the said fyne to be leuied in suche maner and fourme as issues forfaited and loste by Iurours for defaulte of their apperaunce as is prouided by the lawe and custome of the said Countreys of Wales Counties Palatines aforesaide where suche issues are forfaited And be it further enacted by the aucthoritie aforesaide that where any Iurye that shal be retourned by the Sheriffe or other Minister or Ministers shal be made full by the commaundemente of the sayde Iustices or their deputies by vertue of this present Acte that yet neuerthelesse such persones as were retourned in the sayde panel by the Sheriffe or other Minister or Ministers to trye any suche issue that shall not appeare but make defaulte shall lose the issues vpon them retourned in such wise as though the same Iurye had remayned for defaulte of Iurours Prouided alwayes be it further enacted that vpon a reasonable excuse for the defaulte of appearaunce of any Iurour or Iurours sufficiently proued before the Iustices of the greate Sessions or their deputies in the Countryes and Countyes Palatines aforesaid at the daye of their appearaunce by the othes of two lawfull and honest wytnesses that the same Iustices shall haue aucthoritie by their discressions to discharge euery suche Iurour of euery suche forfaiture of issues vpon hym retourned and that the saide Sheriffe or Sheriffes or other Minister or Ministers hauyng commaundement by the sayde Iustices to omit the retournynge of suche issues as is aforesaid vpon suche Iurour or Iurours shal be therein discharged of the penalties aforesaide for the non retournynge of the saide Issues and that yet notwithstanding the said retourne to be good and effectuall in the lawe Any lawe vsage ordinaunce or custome to the contrary notwithstandyng Prouyded also and be it enacted by the aucthoritie aforesaid that if the saide Iustices or their deputies afore whome any suche Iurye should appeare in the Shieres or Counties Palatines where suche issue is to be tryed do not come at the daye and place appointed that then euery one of the same Iurours shal be discharged for forfaitynge of any Issues vpon him retourned in the same writ And the Sheriffe or other Minister or Ministers shal be lykewyse discharged of the penalties of this estatute for the non retournynge of suche Issues as are before lymitted in this Acte Any article or sentence herein conteyned to the contrary notwithstandynge And also be it further enacted by the aucthoritie aforesaid that if vpon any such writ of habeas corpora or distringas issues be retourned vpō any hundredours Iurour or Iurours by the Sheriffe or other Minister or Ministers to whom the execution of the same writ or writtes shal apperteyne where as the same hundredours and Iurours shall not be lawfully somoned warned or distreyned in that behalfe that then euery suche Sheriffe or other Minister or Ministers aforesaide shall lose for euery suche offence so committed double so muche as the said Issues retourned vppon suche hundredours or Iurours not lawfullie somoned warned or distreyned shall amounte vnto the moytie of all whiche forfaitures conteyned in this present Acte other then the issues to be retourned vpon the Iurours as is aforesaid shal be to the Quene oure soueraigne Lady her heires and successours and the other halfe to hym that will sue for the same by action of dette bill plainte or information in the Quene her graces great Court within the sayde Countie where suche forfaiture shall happen to be before the sayde Iustices his or their deputie or deputies in whiche no wager of lawe essoygne or protection shal be allowed ne admitted Sauinge to all maner of persons and bodyes polytike and corporate their heyres and successours hauynge lawfull right tytle and interest to haue suche issues to be before anye suche Iustices or their deputies at any tyme or tymes hereafter loste and forfaited all suche right tytle and interest as they or any of them shoulde or ought to haue had to suche Issues to be loste and forfeyted as though this Acte had neuer ben had or made Prouyded also that this Acte nor anye thynge therein conteyned shall not extende to any Citie or towne corporate or so any Sheriffe minister or ministers in the same for the retourne of any inquest or panell to be made and retourned of persons inhabytynge in the sayde Cities or townes corporate but that they and euery of them shall and maye retourne such persons in euery suche inquest or
that all and euery parson and parsons hauyng manours landes tenementes and other hereditamentes chargeable to the payment of the Subsedye graunted to the Quenes Maiestie by this Acte and also hauyng spiritual possessions chargeable to her sayd Maiestie by the graūt made by the Clergye of this Realme in their Conuocation and ouer this hauyng subtaunce in goodes and cattelles chargeable by this saide Acte that then yf any of the sayde parson or parsons be hereafter charged assessed and taxed for the sayde manours landes and tenementes and spirituall possessions and also assessed charged and taxed for his or theyr goodes and cattelles that then he or they shal be onely charged by vertue of this Acte for his and their sayde manours landes tenementes hereditamentes and spirituall possessions or onlye for his sayde goodes and cattelles the best therof to be taken for the Quenes Maiestie and not to be charged for both or double charged for any of them Any thynge in this Acte conteyned to the contrary in any wise notwithstandyng Prouyded alwayes that this graunt of Subsedye nor anye thynge therein conteyned in any wyse extende to charge the Inhabytauntes or dwellers in Irelande Iernesey and Garnesey or anye of them of or concernyng any manours landes tenementes or other possessions goodes cattelles or other moueable substaunce which the sayde inhabytauntes or dwellers or any other to theyr vse haue within Irelande Iernesey and Garnesey or in any of them or of for or concernyng any fees or wages which any of the sayde inhabitauntes or dwellers haue of the Quenes Maiestie for theyr attendaunce and doyng seruyce to our Soueraigne Ladye in Irelande Iernesey and Garnesey or in any of them any thyng in this present Acte to the contrarye in any wyse notwithstandyng Prouyded also that this present Acte of Subsedy ne any thyng therein conteyned extende to any of the Englyshe inhabitantes or resiantes in any of the counties of Northumberlande Cumberlande Westmerlande the Towne or Barwycke the Towne of Newcastell vpon Tine the Bishopricke of Durham ▪ nor to any of them of for or concernyng any manours landes tenementes or other possessions goodes cattelles or other moueable substaunce which the same inhabitantes or dwellers or any other to their vse haue within the sayde counties of Northumberlande Cumberlande Westmerlande or the Towne of Barwycke the Towne of Newcastell vpon Tine or the Byshoprycke of Durham or any of them or of for or concernyng any fees or wages whiche any of the sayde inhabitauntes or dwellers haue of the Quenes Maiestie for theyr attendaunce and doyng seruyce to the Quenes for or within the sayde Counties of Northumberlande Cumberlande Westmerlande the Towne of Barwicke the Towne of Newecastell vpon Tine and the Byshoprycke of Durham or any of them to or for the sayde taxyng leuying gatheryng or payment but that the Englyshe inhabytauntes and resyauntes and euery of them of the sayd Counties Byshoprycke and Townes and euery of them shal be of and from the sayde Subsedye and euery parcell therof and for theyr manours landes tenementes fees wages goodes and cattelles lying and beyng in the sayde Counties Townes and Byshoprycke or any of them vtterly acquited and discharged any thyng in this present Act before rehearsed to the contrary notwithstandyng Prouyded also that all letters patentes graunted by the Quenes Maiestie or any of her most noble progenitours to any Cities Boroughes or Townes within this Realme of any maner of liberties priuileges or exemptions frō the burden charge of any such graūtes of Subsedy which be at this present time in force vayleable shall remayne good and effectuall to the sayde Cities Boroughes and Townes hereafter accordyng to the purportes therof though the inhabitauntes of the same shall vpon the great and wayghtie consideration of the graunt abouesayde be for this graunt charged and contributory in lyke maner fourme and sorte as other Cities Boroughes and Townes whiche be not in any wyse pryuyleged be from suche graunt of Subsedye excepted Prouyded alwayes and be it enacted by thaucthoritie aforesayde that no Orphan or Infant within the age of xxi yeres borne within any of the Quenes Maiesties dominions shal be charged to any payment of this Subsedy for his or her goodes and cattels to hym or her left or bequeathed any thing in this Act conteyned to the contrary notwithstanding Prouyded also that this Acte nor any thyng therein conteyned shall not extende to the goodes or landes of anye Colledge Hall or Hostell within the Vniuersities of Oxforde and Cambridge or any of them or to the goodes or landes of the Colledge of Wynton founded by Byshop Wykeham or to the goodes or landes of the Colledges of Wyndsor and Eaton next Wyndsor or to the goodes or landes of any common free Grammer Scole within the Realme of Engalnde or Wales or to the goodes of any Reader Scolemaister or Scoler or any graduate resyant or remayning for studie without fraude or couin within any of the sayde Vniuersities and Colleges or Townes of Cambridge and Oxforde or Suburbes of the same or any of them or to any theyr seruauntes dayly attendaunt vpon any of them nor to the goodes of any officer minister almesman or seruauntes belongyng to any of the said Vniuersities Colledges Halles or Hostelles and dwellynge and resyaunt within the sayd Vniuersities or eyther of them or within eyther of the sayde Townes of Cambridge and Oxforde and Suburbes of the same without fraude or couyn Nor to the goodes and landes of any Hospytall Measondue or Spittell house prepared and vsed for the sustentation and reliefe of poore people any thynge in this Acte conteyned to the contrary in any wyse notwithstandyng Prouyded also that the sayde graunt of Subsedye or any thyng therin conteyned do not in any wyse extende or be preiudiciall or hurtefull to the inhabitauntes or resyauntes at this presente tyme within the fyue Portes corporate or to anye of theyr members incorporate or vnited to the same fyue Portes or to any of the same fyue Portes of or for any part or parcell of the sayde summes graunted in this Parliament of the sayde inhabitauntes nowe resyaunt or any of them to be taxed set asked leuyed or payde But the sayde inhabytauntes and resyauntes in the sayde fyue Portes and theyr members be and shal be of and from the sayde graunt and paymente of the sayde Subsedye durynge theyr resyauncye there and no longer clerely acquyted discharged any matter or whatsoeuer thyng in this Acte had or made to the contrary notwithstandyng Prouyded also and be it enacted that forasmuche as diuers and sundry the Quenes Maiesties tenaūtes and other inhabitantes and dwellers within the counties of Penbroke Carmarthen Cardygan Brecknocke Glamorgan Radnour Mongomery Denbygh Flynt Merioneth Anglesey Carnaruan of the Countie palentine of Chester be at this present tyme charged and chargeable aswell with the seuerall paymentes of diuers great summes of money by the name of Myse due to her Maiestie accordyng to the seuerall customes of the sayde Counties as also with the paymentes of dyuers seuerall Subsedyes lately graunted to our late soueraigne Lorde and Lady kyng Phylyp and Quene Mary and to the Quenes hyghnesse that nowe is and yet vnpayde Be it therefore ordeyned and enacted by the aucthoritie aforesayde that this Acte of Subsedy or any thyng therin conteyned shall not extnde to charge any of the Quenes tenauntes other inhabitantes and dwellers within any of the sayde Counties of Penbroke Carmarthen Cardygan Glamorgan Brecknocke Radnour Mongomery Denbygh Flynt Merioneth Anglesey Carnaruan and the Countie palentine of Chester beyng charged or chargeable with the sayde Myse or seuerall Subsedyes for or in anye of the paymentes of the sayde Subsedye graunted to the Quenes Maiestie by this Acte vntyll the sayde seuerall dayes and tymes for the paymente of the sayde Myses shal be expyred and vntyll the dayes and tymes aswell of the sayde seuerall Subsedyes lately graunted to our sayde late Soueraigne Lorde and Soueraigne Lady Kyng Phylyp and Quene Mary as also of the sayde Subsedye heretofore graunted to the Quenes Maiestie that nowe is be also past and expyred And that then the fyrst payment of the sayde Subsedye graunted by this present Act shal be made at the receipte of the Quenes Exchequer before the first day of Iune next folowyng after the last dayes of the last payment to be had or appoynted of the saide Myses and of the payment of the sayde former Subsedyes And the seconde payment of this Subsedye to be made by or before the xx day of February next after the sayde payment of the sayde Subsedye Furthermore be it enacted by the aucthoritie aforesayde that the tenauntes and dwellers of euery of the sayde Counties in this prouiso remembred shall seuerallye before the feaste of Penthecost nexte ensuyng certifie into the sayde court of Exchequer vnder the seales of two Iustices of peax of euery of the sayde Counties wherof one to be of the Quorum when and what day the laste payment of the sayde seuerall Myses nowe due in any of the sayde Counties shall ende and expyre Prouyded also that the sayde graunt of Subsedye and two Fyftenes and Tenthes do not in any maner of wyse extende or be preiudiciall or hurtefull to the inhabitauntes or resyauntes at this present tyme within the liberties of Romney Marshe of or for any part of the sayde summes graunted in this present Parliament of the sayde inhabitauntes nowe resyauntes or any of them to be taxed sette asked leuyed or payde But that the sayde inhabitauntes nowe resiauntes of Romney Marshe aforesayde and euery of them be and shal be of and from the saide graunt and payment of the sayde Subsedye and Fyftenes and Tenthes duryng theyr resyauncie there and not longer acquyted and discharged Any matter or whatsoeuer thyng in this presente Acte made or had to the contrary notwithstandyng God saue the Quene ¶ Imprynted at London in Powles Churchyarde by Richarde Iugge and Iohn Cawood Printers to the Quenes Maiestie Cum priuilegio Regiae Maiestatis