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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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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
subiectes bodyes corporate Cities Boroughes Shires Rydynges Hundredes Lathes Rapes Wapentakes Townes Vyllages and Tythynges or any of them And also the Quenes hyghnes is contented that it be enacted by aucthoritie of this present Parliament that her said free pardon shal be as good effectuall in the lawe to euery of her said subiectes bodies corporate and other before rehearsed in against all thynges which be not hereafter in this present Acte excepted and forprysed as the same pardon shoulde haue ben yf all offences contemptes forfaitures causes matters suites quereles iudgementes executions penalties and all other thynges not hereafter in this Act excepted and forprysed had ben perticulerly singulerly specially and plainely named rehearsed and specified and also pardoned by proper and expresse wordes and names in their kyndes natures and qualities by wordes and termes thervnto requisite to haue ben put in and expressed in this present Acte of free pardon And that her sayde Subiectes nor any of them nor the heyres executours or administratours of any of them nor of the sayde bodyes corporate and others before named nor any of them be nor shal be sued vexed or inquieted in theyr bodyes goodes landes or cattelles for any maner of matter cause contempte misdemeanour forfaiture trespas offence or anye other thyng suffred done or committed before the sayde fyrste daye of Ianuarye agaynste her hyghnes her Crowne dignitie prerogatiue lawe or statutes But onely for suche matters causes and offences as be playnely rehearsed in the exceptions in this present Act hereafter mentioned and for none other Any Statute or Statutes lawes customes vsages or president heretofore hadde made or vsed to the contrary in any wyse notwithstandyng Also the Quenes hyghnes of her bounteous liberalitie by aucthoritie of this present Parliament graunteth and freely geueth to euery of her said Subiectes and to euery of the sayde bodyes corporate and other before rehearsed and euery of them all goodes cattelles debtes fines issues profites amerciamentes forfaitures and summes of money by anye of them forfaited whiche to her hyghnes do or shoulde belonge or appertayne by reason of any offence contempt trespas entree misdemeanour matter cause or quarrell suffred done or committed by them or any of them before the sayde fyrste day of Ianuary which be not hereafter playnely forprysed and excepted in this present Act. And that all and euery the Quenes said Subiectes and all and singuler bodyes corporate and other before rehearsed may by hym or them selfe or by his or theyr deputie or deputies or by his or theyr attourney or attourneys according to the lawes of this Realme pleade and minister this present Acte of free pardon for his or theyr discharge of and for euery thyng that is by vertue of this present Acte pardoned discharged geuen or graunted without any fee or other thyng in any wyse paying to any person or persons for writing or entree of the iudgement or other cause concernyng suche plee wrytyng or entree but onely .xvi. pence to be payde to the officer or Clarke that shall entre the plee matter or iudgement for the parties discharge in that behalfe Any Statute vsage or custome to the contrary notwithstandyng AND furthermore the Quenes hyghnesse is contented and pleased that it be enacted by thaucthoritie of this present Parliament that her sayde free pardon by the generall wordes before rehearsed shal be reputed demed adiudged allowed and taken in all maner of Courtes of her hyghnes els where aswell in the wordes and clauses of the exceptions and forprises specified in this present Acte as in all and singuler other clauses wordes and sentences mentioned and rehearsed in the sayde free pardon most beneficially and auayleably to all and singuler her sayde subiectes bodyes corporate and others before rehearsed and to euery of them and moste strongly in barre and discharge agaynst her hyghnes her heyres successours and executours in euery thyng without any ambiguitie question or other delaye whatsoeuer it shal be to be made pleaded obiected or alleaged by the Quene our soueraigne Ladye her heyres successours or executours or by her or any of theyr generall attourney or attourneys or by any person or persons for her hyghnes or any of her heyres successours or executours And further it is enacted by the Quene our soueraigne Lady by the aucthoritie of this present Parliament that if any officer or Clarke of any of her hyghnes Courtes cōmonly called the kynges Bench Chaūcery cōmon place or of her Exchequer or any other officer or Clarke of any other of her Courtes within this Realme at any tyme after the .xxvi. day of this present moneth of Apryll make out or write out any maner of writtes or other proces or any extreates sommons or other preceptes whereby any of the sayde Subiectes or any of the sayde bodyes corporate or other before rehearsed or any of them shal be in any wyse arrested attached distreigned sommoned or otherwyse vexed inquieted or grieued in his or theyr bodyes landes tenementes goodes or cattelles or in any of them for or because of any maner thyng pardoned or discharged by vertue of this Acte of free pardon or yf any Sheriffe or Excheatour or any of theyr deputie or deputies or any Bayliffe or other officer by colour of his or theyr office or otherwayes after the sayde .xxvi. day of Apryll do leuye receaue or take any thyng pardoned or discharged by this Acte That then euery such person so offendyng and therof lawfully condempned shall yelde and pay for recompence thereof to the partie so grieued or offended treble damages besydes all costes of the suite and neuerthelesse all and singuler suche writtes proces extreates and preceptes so to be made for or vpon any maner thing pardoned or discharged by this present Acte of free pardon shal be vtterly voyde of none effect Except and alwayes forprised out of this generall and free Pardon all and all maner of hygh Treasons committed or done by any person or persons by any ouert dede or acte agaynste the Quenes moste royall person and all conspiracies and confederacies trayterously had committed or done by any person or persons agaynst the Quenes person And also excepted all and all maner of Treasons committed or done by any person or persons in the parties beyonde the Sea or in any other place out of the Quenes dominions And all suites punyshementes executions paynes of death forfaitures penalties for or by reason or occasion of any of the treasons and offences before excepted And also except and forprised out of this free pardon all and all maner of forgyng and counterfaityng of whatsoeuer money or coyne curraunt in this Realme and all and all maner of offences impeticions punyshementes forfaitures paynes of death iudgementes and executions for the same And also excepted and forprysed out of this generall and free pardon all and euery pyracy and robbery done vppon the Sea and all maner of voluntary murders and wylfull poysonynges and all and
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
and purposes as the same and euery of them were before the makyng of this Acte And that the sayde Actes and Statutes nowe by this present Acte repelled shall for and in respect only of the sayde informations and suites and euery of them so nowe dependynge stande remayne and be in such lyke force and effecte as they and euery of them were before the makyng of this Acte Any thyng herein conteyned to the contrary therof notwithstandyng And where as some doubt and question hath heretofore rysen and ben moued vpon certayne wordes conteyned in the sayd Statute made in the sayde fourth yere of the reigne of the late Kyng Henry the seuenth that is to saye vppon these wordes house or houses letten to ferme with .xx. acres of lande at least or more lying in tyllage and husbandrye whether the same .xx. acres of lande or more shoulde be accompted and taken to be all earable lande and wholly put in tyllage or not and also what quantitie and measure euery acre shoulde be of and conteyne For a playne and perfecte declaration and interpretation wherof Be it enacted and declared by thaucthoritie of this present parliament that the sayde Statute is and shal be expounded and taken to extende to house or houses that nowe haue or hath or at any tyme heretofore sythens the fyrst yere of the reigne of the sayde late kyng Henry the .vii. haue or hath had or that hereafter shall haue .xx. acres of grounde to the same house or houses lying or belongyng or with the same commonly occupyed or vsed although the same grounde hath not ben is or shal be all whollye vsed as earable lande and put in tyllage but onely some part therof and that the content of euery acre shal be taken and rated after the rate and measure limitted and appoynted in the ordinaunce or treatise De terris mensurandis Any ambiguitie doute or thyng whatsoeuer to the contrary therof notwithstandyng Prouided alwayes and be it further enacted by the aucthoritie aforesayde that yf any person or persons hath or at any tyme hereafter shall sustayne any penaltie forfaiture or losse for or by reason of any offence cōmitted or done contrary to the tenour or effecte of this Act or any other of the Actes before recited confirmed that then he or they shall not be eftsones sued vexed or impeched for the same offence Any thyng in this Acte or in any other of the Actes aforesaide had or made to the contrary therof notwithstandyng And to thintent that the offendour of this Act or of any the Actes before specified by this Act confirmed thoffences cōmitted and done against any of the same may be the better knowen that the more due executiō therof may be had Be it enacted by thaucthoritie aforesaid that the Lord Chaūcellour or Lord keper of the great Seale of England for the tyme beyng shal haue full power auctoritie by vertue of this Act from time to time to awarde direct a Cōmission or Cōmissions vnder the great Seale of Englande into euery shire or countie within this Realme Wales to such persōs as by his wisdome discression shal be thought most mete conuenient aucthorising them or foure of thē at the least by vertue therof of this Act to enquire search out within euery Towne Vyllage Parishe Hamlet within their Cōmission by the othes of .vi. lawful indifferent persons or otherwyse according to their good discressions of the offences cōmitted or done against this Statute or any other the Statutes before mentioned by this Acte confirmed whether any person or persons to whom any penaltie or forfaiture is geuē limitted or appoynted by the same or any of them haue taken the benefite or aduantage of the sayde forfaitures and paynes or not according to the same lawes and statutes And that within three monethes next after euery such enquitie and search the said Cōmissioners or foure of them at the least shal make certificat therof and of their doinges by vertue of the saide Cōmission vnder their handes and seales into the high Court of Chauncery vpon payne of forfaiture of euery such Cōmissioner xx.li sterlyng to the Quenes Maiestie her heyres and successours And that the same Cōmissioners or two of them at the least shall haue aucthoritie power by vertue of this act to direct their precept to the Sheriffes of the countie being within the limittes of their Cōmission to warne as many honest men of his Baylywyke as the said Commissioners shal appoynt by whom the trueth in the premisses may be best knowen to enquire and true presentment make of all and euery offences cōmitted or done contrary to the sayde Actes or any of them and to set such reasonable fines and amerciamentes vpon such persons as shal make default of their apparaunces or making theyr apparaunces shall neglect to do their dueties in about the execution of the premisses as to the same Cōmissioners or foure of them shal be by their discressions thought mete and conuenient so that the same fines or amerciamentes for any one default excede not the sūme of xx.s And that the same fines amerciamentes so by them taxed set shal be yerely well and truely estreated into the court of the Exchequer there to be leuied to the vse of our Soueraigne Lady the Quene her heires successours as other fines amerciaments haue ben there accustomed vsed to be leuied And that if the Sheriffe to whō such precept shal be awarded shal be remisse or negligēt in seruing of the precept returnyng of the same at the tyme place appoynted prefixed in the sayde precept that then the said Cōmissioners or foure of them shall for euery such default assesse taxe vpon the sayde Sheriffe .x. li. and shall estreate the same into the sayde Courte of Exchequer to be leuied to the Quenes Maiesties vse her heyres successours as is aforesayde Prouided alwayes and be it enacted by thaucthoritie aforesaid that it shal not be lawful to any Sheriffe vnder Sheriffe or Sheriffes deputie to infringe or enter into any libertie or fraūches for th execution of any such precept But shall make his mandatum to the Baylyffe of the fraunches or libertie for thexecutyng seruing of the same and that the Baylyffe of euery such fraunches or libertie shal serue execute the said precept according to the tenor therof in such like maner fourme as the Sheriffe should or ought to haue done if it had ben within his Baylywyke vpon payne of forfaiture of v.li to be estreated and leuyed as is aforesaid Prouided also be it enacted by thaucthoritie aforesaid that the puttyng of any landes or tenementes hereafter frō pasture to tyllage accordyng to the tenor and effect of this Acte shall not in any wyse extende to be any cause of breach or forfaiture of any bonde couenaunt payment or conditiō made or hereafter to be made
huswyfes or houshold cloth only and none other cloth Fuller otherwyse called Tucker or walker burner of ore and woade ashes Thatcher or Shingler wheresoeuer he or they shal dwell or inhabite to haue or receaue the sonne of any persone as apprentice in maner and fourme aforesaid to be taught and instructed in these occupations only and in none other albeit the father or mother of any suche apprentice haue not any landes tenementes nor hereditamentes And be it further enacted by the auctoritie aforesayd that after the first day of May next comminge it shal not be lawfull to any persone or persones other then suche as nowe do lawfully vse or exercise any arte mistery or manuell occupation to set vp occupye vse or exercise any craft mistery or occupation nowe vsed or occupied within the Realme of England or Wales except he shal haue ben brought vp therin seuen yeres at the least as apprentice in maner and fourme aboue said nor to set any person on worke in suche mistery art or occupation beinge not a workeman at this day except he shal haue ben apprentice as is aforesaide or els hauing serued as an apprentice as is aforesaid shall or wil become a Iorneyman or be hyred by the yere vpon paine that euery person willingly offendinge or doinge the contrary shall forfeit and lose for euery default xl.s for euery moneth Prouided alwaies and be it further enacted by the auctoritie aforesayd that no person or persons vsynge or exercisyng the art or mistery of a wollen cloth weuer other then such as be inhabityng within the counties of Cumberland Westmerland Lancaster and Wales weauing Fryzes Cottons or houswyfes cloth only makyng and weauing wollen cloth commonlye solde or to be solde by anye clothe man or clothear shall take and haue any apprentice or shall teache or in any wyse instructe any person or persons in the science art or occupation of weauinge aforesaid in any village towne or place Cities townes corporate and market townes only except vnlesse such person be his sonne or els that the father or mother of suche apprentice or seruaunt shall at the tyme of the takynge of suche person or persons to be an apprentice or seruaunt or to be so instructed haue landes and tenementes or other hereditamentes to the cleare yerely value of three poundes at the least of an estate of inheritaunce or frehold to be certifyed vnder the handes and seales of three Iustices of the peace of the Shire or shires where the sayde landes tenementes and other hereditamentes do or shal lye The effect of the indenture to be registred wythin three monethes in the parishe where suche maister shall dwell and to paye for suche registringe iiii.v vpon paine of forfeyture of xx.s for euery moneth that any person shall otherwyse take any apprentice or set any suche person on worke contrary to the meanynge of this article And be it further enacted by the auctoritie aforesayde that all and euery person or persons that shall haue three apprentices in any of the sayd craftes mysteries or occupations of a clothmaker Fuller Shereman Weuer Tailor or shomaker shall reteyne and kepe one Iorneyman and for euery other apprentice aboue the nomber of the said three apprentices one other Iorneyman vpon paine for euery default therin tenne poundes Prouided alwayes that this acte nor any thynge therin conteyned shall not extend to preiudice or hinder any liberties heretofore graunted by any acte of Parliament to or for the companye and occupation of Worsted makers and Worsted weuers within the Citie of Norwych and els where within the Countie of Northfolck which liberties be in force vntil the beginninge of this present Parlyament Any thynge herein conteyned to the contrary in any wyse notwithstandynge And be it further enacted that if any person shal be required by any housholder hauinge and vsynge halfe a ploughe land at the least in tyllage to be an apprentice and to serue in husbandry or in anye other kynde of art mistery or science before expressed and shall refuse so to do that then vpon the complaint of suche housekeeper made to one Iustice of the peace of the Countie wherin the sayd refusall is or shal be made or of suche housholder inhabitinge in any Citie towne corporate or market towne to the Maior Bayliffes or head officer of the saide Citie towne corporat or market towne if any suche refusall shall there be they shal haue ful power and auctoritie by vertue hereof to sende for the same person so refusyng And if the said Iustice or the sayd Maior or head officer shall thinke the saide person mete and conuenient to serue as an apprentice in that art labour science or mistery wherin he shal be so then required to serue That then the saide Iustice or the saide Maior or head officer shall haue power and auctoritye by vertue hereof if the said person refuse to be bounde as an apprentice to commit hym vnto ward there to remayne vntyll he be contented and wil be bounden to serue as an apprentice shulde serue accordinge to the true intent and meanynge of this present acte And if any suche maister shall mysuse or euill intreate his apprentice or that the said apprentice shall haue any iuste cause to complaine or the apprentice do not his duetie to his maister Then the said maister or prentice beinge greued and hauinge cause to complayne shall repaire vnto one Iustice of peace within the sayde Countie or to the Maior or other head officer of the Citie towne corporate market towne or other place where the saide maister dwelleth who shal by his wysdome and discretion take such order and direction betwene the saide maister and his apprentice as the equitie of the cause shall require And if for wante of good conformitie in the said maister the saide Iustice of the peace or the saide Maior or head officer can not compound agree the matter betwene hym and his apprentice then the saide Iustice or the saide Maior or other head officer shall take bande of the said maister to appeare at the next Sessions then to be holden in the said Countie or within the said Citie towne corporat or market towne to be before the Iustices of the said Countie or the Maior or head officer of the said towne corporate or market towne if the saide maister dwell within any such and vpon his apparaunce hearing of the matter before the said Iustices or the said Maior or other head officer if it be thought mete vnto them to discharge the saide apprentice of his apprenticehod that then the said Iustices or foure of them at the least wherof one to be of them Quorū or the said Maior or other head officer with the consent of three other of his brethren or men of best reputation within the said Citie towne corporate or market towne shal haue power by auctoritie hereof in writing vnder their handes and seales to pronounce and declare that they haue discharged 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
shall put any hydes or skinnes into any tanne fattes or vesselles before the lime be well and perfectly sokened and wrought out of them and euery of them nor shall suffer his or theyr leather to be layed or to hange or to lye wet in any frost vntyll the same be frosen nor shall drye or parche the leather with the heate of the fyre or of the sōmer sunne nor shall tanne or cause to be tanned any hyde or skynne beyng putrified rotten or tainted by long lying eyther before the puttyng of it into the lymes or after in the water or lycour or by any other meanes nor shall negligently worke the hydes in the wooses nor shall not renue make strong the wooses as often as shal be requisite nor shall suffer the hydes for vtter sole and clout leather to lye in the wooses any lesse tyme then .xii. monthes at the least and the hides for vpper leathers in lyke wooses any lesse time then .ix. monthes at the least nor shall insufficiently or imperfectly tanne any hyde or skynne nor shall tanne any Oxe hydes Stere hides or Cowe hides but whole without cuttyng of any bellye 's cōmonly called wombes or peeces from the same hydes for cloutyng leather to be cut into three or foure bendes or peeces ouerthwarte the whole hyde onely excepte nor shall after the feaste of Saynte Michaell the Archangell nexte commynge put to sale anye tanned hyde or skynne whiche is or shal be raysed in or by the tannyng workmanship or otherwyse or by vsyng any other thing or stuffe or in any other sort then by his statute is limitted appoynted vpon payne of forfaiture of euery Oxe hyde steare hyde Cowe hyde or skyn tanned vsed or put to sale contrary to the true meanyng of this present Acte or the iust value therof And be it further enacted by thaucthoritie aforesayd that frō the feast of Pentecost next cōming no persō or persōs whatsoeuer shal put or cause to be put to sale exchange or otherwyse depart with any kynde of tanned leather red vnwrought but in open fayer or market in the places therfore cōmonly accustomed and therfore prepared nor before the same be searched sealed accordyng to the lawes order in this estatute hereafter mentioned nor shall after the feast of S. Michael tharchangel next comming put to sale exchaunge or otherwyse depart with any tanned leather red and vnwrought but sufficiently well tanned throughly dried nor shal put or cause to be put to sale exchange or otherwyse depart with any oxe hide steare hide or Cow hyde but only whole without cutting any bellies called wōbes or other peces frō it clouting leather cut into bendes as is aforesaid only excepted before y e same be serched sealed vpon paine of forfaiture for euery hide or peece of leather sold exchanged or otherwise departed with contrary to the true meaning of this Act vi.s viii d and for euery dosen of calue skinnes iii.s.iiii.d the hyde or hydes skin or skinnes leather in any otherwise sold exchanged or bought or the value therof And be it further enacted by thaucthoritie aforesaid that no person or persons vsing the mistery of tanning of leather by himselfe or by any other persō or persons from after the said feast of Pentecost shall during that tyme that he shall vse the said mistery occupy or vse the craft or mistery of a shoemaker currier butcher or of any artificer vsing or exercising cutting or workyng of leather vpon paine to forfait lose all and euery such hyde hydes skinne skinnes so by them or any of them wrought or tanned duryng the tyme that he shall vse the mistery or craft of tanning aforesaid or the iust value therof It is also enacted by thaucthoritie aforesaid that no person vsing the mistery of tannyng of leather by him selfe or by any other person or persons shall after the feast of the Natiuitie of S. Iohn Baptist next cōmyng tanne any Bull hyde horse hyde or shepe skinne or put to sale exchange or otherwyse departe with any Horse hyde Bull hyde or shepe skinne tanned vpon payne to forfait euery such bull hyde horse hyde or shepe skin so tanned or put to sale or the iust value therof And be it further enacted by thaucthoritie aforesayde that no person or persons after the feast of Pentecost next commyng shall bargayne bye make any contracte for or bespeake any roughe hyde or Calues skynnes in the heere but only such person or persons as by vertue of this Acte may lawfully vse the craft or mistery of tannyng of leather and shall tanne the same or such person or persons as shall tawe the same excepte salte hydes for the necessary vse of shyppes vpon payne to forfaite and lose all and euery suche hydes and skynnes so bought or the iust value therof And be it further enacted by thaucthoritie aforesayde that no person or persons shal or may after the feast of Pentecost next commyng bye bargayne bespeake or take promys to haue any tanned leather not wrought and conuerted into made wares but onely such person and persons as wyll and shall worke and conuert the same leather into made wares vppon payne of forfaiture of the leather so bought or the value therof Prouided alwayes and be it enacted that all and euery artificer and other person and persons vsyng to conuert tanned leather into made wares aswell straunger borne as other may lawfully bye all kynde of tanned leather to make or conuerte the same into made wares at Leaden hall in London vpon euery Munday the same beyng fyrst duely searched sealed and registred as is hereafter limitted Prouided also that Sadlers Gyrdlers may sell theyr neckes and shreddes of tanned leather redde without incurring any payne or forfaiture for the same And forasmuch as Barke is nowe become scant by vnreasonable fellyng of Oke out of barkyng tyme and thereby the Tanners be destitute of such barke as is necessary Be it further enacted by thaucthoritie aforesayde that no person or persons shall from and after the feast of Saint Michaell the Archangell next fell or cause to be felled any Oken trees mete to be barked where the barke is worth ii.s a cartlode ouer aboue the charge of barking pilling timber to be employed or bestowed in or about buylding or reparations of houses shippes or milles or any of thē only except but betwixt the first day of April the last day of Iune vpon paine of forfaiture of euery such Oken tree so felled or y e double value therof And for the better preseruation of Tymber whiche by the takers of Timber is spoyled through the greedy desyre of gayne of the loppes toppes or barke of Timber trees Be it therefore enacted that no taker or takers purueyour or purueyours of Timber or his or their deputie or deputies shall fell or cause to be felled for the vse of the Quenes Maiestie her heyres or successours any Oken
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
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
parsones before the sayde Cōmissioners or such number of them as they shall deuide themselues accordyng to the tenor of the saide Cōmission at certeyne dayes and places by the sayd Cōmissioners or any number of them as is aforesayde within Cities Boroughes or Townes corporate or without in any other place as is aforesayd by their discressions shal be limitted therevnto to do and accomplyshe all that to them on the parties of the Quenes Maiestie shal be enioyned touching this Acte Commaundyng further by the same precept that he to whose handes such precept shall come shall shewe or delyuer the same to the other inhabitauntes or officers named in the same precept that none of them fayle to accomplyshe the same vpō payne of xl.s to be forfaited to the Quenes Maiestie And it is further ordeyned by the aucthoritie of this present Parliament that at the sayde day and place prefixed and limitted in the sayde precept euery of the Commissioners then beyng in the Shire hauyng no sufficient excuse for his absence at the day and place prefixed for that parte wherevnto he was limitted shall appeare in his proper parson and there the same Commissioners beyng present or as many as shal be appoynted by the Quenes Maiesties Cōmission shall call or cause to be called before them the sayde inhabitauntes and officers to whom they haue directed their sayd preceptes which had in cōmaundement there to appeare by the sayde precept of the sayde Cōmissioners And yf any parson so warned make default vnlesse he then be letted by sickenesse or lawfull excuse and that let then be witnessed by the othes of two credible persons or yf any appearing refuse to serue in fourme folowing to forfeit to the Quenes Maiestie xl.s and so at euery tyme appoynted by the sayd Commissioners for the same taxation vnto such tyme the number of euery such parsons haue appeared and certified in fourme vnder wrytten and euery of them so makyng default or refusyng so to serue to forfeit to the Quenes Maiestie xl.s And vpon the same appearaunce had they shal be charged before the Comm●●sioners by all conuenient wayes meanes other then by corporall othe to inquire of the best and most value of the Substaunce of euery parson dwellyng and abydyng within the limittes of the places that they shal be charged with and of other which shall haue his or theyr most resort vnto any of the sayde places and chargeable with any summe of money by this Acte of this sayde Subsedye and of all other thynges requisite touchyng the sayde Acte and according to the intent of the same thervpon as nere as it may be or shall come to theyr knowledge truely to present and certifie before the said Commissioners the names and surnames and the best and vttermost substaunce and values of euery of them aswell of landes tenementes and other hereditamentes possessions profytes as of goodes cattelles debtes other thinges chargeable by the sayde Acte without any conceylement loue fauour affection dread feare or malyce vpon the payne often poundes or vnder to be taxed estreated and leuyed in fourme as hereafter in this present Acte shal be limitted or appoynted And thervpon the sayd Cōmissioners shall openly there reade or cause to be read vnto them the sayde rates and openly declare theffect of theyr charge vnto them in what maner fourme they ought and shoulde make theyr certificat accordyng to the rates sūmes therof abouesayde and of all maner of parsons aswell of Aliens and straungers denizens or not denizens inhabytyng within this Realme as of such parsons as be borne vnder the Quenes obeysaunce chargeable to this Act and of the possessions goodes and cattelles of Fraternities Guyldes Corporations Brotherheades Misteries and Cominalties and other as is abouesayde and of parsons beyng in the parties of beyonde the seas hauyng goodes or cattels landes or tenementes within this Realme as is aforesayde and of all goodes beyng in the custody of any parson or parsons to the vse of any other as is abouesayde By the which information and she wyng the sayde parsons should haue suche playne knowledge of the true intent of this present Acte and of the maner of theyr certificate that the same parsons shall haue no reasonable cause to excuse them by ignoraunce And after suche charge and the statute of the sayde Subsedye and the maner of the sayde certificate to be made in wryting conteyning the names and surnames of euery parson and whether he be borne without the Quenes obeysaunce or within and the best value of euery parson in euery degree aswell of yerely value of landes and tenementes and of such lyke possessions and profites as the value of goodes and cattelles debtes and euerye thyng to their certificate requisite and necessarye to them declared the sayde Commissioners there beyng shall by theyr discressions appoynt and limitte vnto the sayde parsons an other daye and place to appeare before the sayde Commissioners and chargyng the sayde parsons that they in the meane tyme shall make diligent inquirye by all wayes and meanes of the premisses and then and there euery of them vppon payne of forfeyture of fortye shyllynges to the Quenes Maiestie to appeare at the sayde newe prefyxed daye and place there to certifie vnto the sayde Commissioners in wrytyng accordyng to theyr sayde charge and accordyng to the true intent of the sayde graunte of Subsedye and as to them in maner aforesayde hath ben declared and shewed by the Commissioners At whiche daye and place so to them prefyxed yf any of the sayde parsons make default or appeare and refuse to make the sayde certificat that then euery of them so offendyng to forfeyte to the Quenes Maiestie fortye shyllynges excepte there be a reasonable excuse of his default by reason of sickenesse or otherwyse by the othes of two credible parsons there witnessed And of suche as appeare ready to make certificate as is aforesayde the sayde Commyssyoners there beyng shall take and receaue the same certificate and euery part thereof and the names values and substaunce of euerye parson so certified and yf the same Commyssyoners see cause reasonable they shall examine the sayde presenters thereof and thervpon the sayde Commissioners at the sayde dayes and place by theyr agrementes among them selues shall from tyme to tyme openly there prefyxe a daye at a certayne place or places within the limittes of theyr Commyssyon by theyr discression for theyr further proceadyng to the sayde assessyng of the same Subsedye and therevpon at the sayde daye of the sayde certificat as is aforesayde taken the same Commyssyoners shall make theyr precepte or preceptes to the Constables Subconstables Baylyffes or theyr officers of suche Hundredes Wapentakes Townes or other places aforesayde as the same Commyssyoners shal be of comprysyng and conteynyng in the same precept the names and surnames of all parsons presented before them in the sayde certificate of whom if the sayde Commyssyoners or as manye of them