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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
the myddest of May to the myddest of August halfe an houre at the most and at euery breakefast one halfe houre and all the sayde artifiters and laborers betwene the myddest of September and the middest of Marche shal be and continue at their worke from the sprynge of the daye in the mornynge vntyl the night of the same daye excepte it be in tyme afore appointed for breakefast and dynner vppon payne to lose and forfeyte one peny for euery houres absence to be deducted and defaulked oute of his wages that shall so offende And be it also enacted by the auctoritie aforesayde that euery artificer and laborer that shal be lawfully reteyned in or for the buyldyng or reparyng of any Church House Ship Mylne or euery other peece of worke taken in greate in taske or in grosse or that shall hereafter take vppon hym to make or fynyshe any suche thynge or worke shall continue and not departe from the fame onles it be for not payinge of his wages or hyer agreed on or otherwise lawefully taken or appointed to serue the Quenes Maiestie her heires or successours or for other lawfull cause or without lycense of the maister or owner of the worke or of hym that hath the charge therof before the finishyng of the sayd worke vpon payne of imprisonment by one moneth without bayle or mainprise and the forfeyture of the summe of fyue pounds to the partie from whome he shall so departe for the whiche the sayd partie may haue his action of debte againste him that shal so departe in any of the Quenes Maiesties courtes of record ouer besides such ordinary costes and damages as may or ought to be recouered by the comen lawes for or concernynge any suche offence In which action no protection wager of law or essoygne shal be admitted And that no other artificer or laborer reteyned in any seruice to worke wyth the Quenes Maiestie or any other person departe not from her sayde Maiestie or from the sayde other person vntyll suche tyme as the worke be fynished yf the person so reteynynge the artificer or laborer so longe wyll haue hym and pay hym his wages or other dueties vpon paine of imprisonment of euery person so departing by the space of one moneth And for the declaration and lymitation what wages seruauntes laborers and artificers eyther by the yeare or daye or otherwise shall haue and receaue Be it enacted by the auctoritye of this present Parliamente that the Iustices of peace of euery shyre rydynge and libertye within the lymittes of their seuerall commissions or the more parte of them beinge then resyant within the same and the Sheriffe of that Countie if he conueniently may and euery Maior Baylyfe or other head officer within anye Citye or towne corporate wherin is anye Iustice of peace within the lymittes of the saide Citye or towne corporate and of the sayde corporation shall before the tenth daye of Iune next commynge and afterwarde shall yerely at euery generall Sessions firste to beeholden and kepte after Easter or at sometyme conuenient within six wekes next folowing euery of the sayde feastes of Easter assemble them selues together and they so assembled callynge vnto them suche discrete and graue persons of the sayde Countie or of the sayd Citie or towne corporate as they shall thynke mete and confetrynge together respectynge the plentie or scarsitie of the tyme and other circumstaunces necessaryly to be considered shall haue auctoritye by vertue hereof within the lymittes and precinctes of theyr seuerall commissions to lymit rate and appointe the wages aswel of suche and so many of the sayde artificers handy craftes men husbandmen or anye other laborer seruaunte or woorkemen whose wages in tyme past hath ben by any lawe or statute rated and appointed as also the wages of all other laborers artificers workemen or apprentices of husbandry whiche haue not ben rated as they the same Iustices Maiors or head officers within their seuerall commissions or liberties shall thinke mete by theyr discressions to be rated lymitted or appointed by the yeare or by the daye weke monethe or otherwyse wyth meate and drynke or without meate and drynke and what wages euery workeman or laborer shall take by the greate for mowynge reapynge or thresshynge of corne and grayne and for mowynge or makinge of hey or for ditchinge palynge raylynge or hedgynge by the rodde perche lugge yarde pole rope or foote and for any other kynde of reasonable labours or seruice and shal yerelye before the xii daye of Iulye nexte after the saide assessement and rates so appointed and made certifie the same ingrosed in parchement with y e considerations causes therof vnder their handes and seales into the Quenes most honorable Court of Chauncery wherupon it shal be lawefull to the lorde Chauncelour of England or L. keper of the great seale for the tyme beyng vpon declaration thereof to the Quenes Maiestie her heires or successours or to the Lordes and others of the pryuye Councel for the tyme beinge attendaunt vpon their persons to cause to be printed and sent downe before the firste daye of September nexte after the sayde certificat into euery Countye to the Sheriffe and Iustices of peace there and to the sayde Maior bayliffes and head officers tenne or twelue proclamations or more conteynyng in euerye of them the seuerall rates appointed by the sayde Iustices and other head officers as is aforesayde with commaundement by the sayde proclamations to all persons in the name of the Quenes Maiestie her heires or successors straightlye to obserue the same and to all Iustices Sheriffes and other officers to see the same duelie and seuerely obserued vpon the daunger of the punishement and forfeytures lymitted and appointed by this estatute Vppon receypte wherof the sayde Sherifes Iustices of peace and the Maior and head officer in euery Citie or towne corporate shall cause the same proclamation to be entred of record by the clerke of the peace or by the clerke of the Citie or towne corporate and the sayde Sheriffes Iustices and other the sayde Maior and head officers shall foorthwith in open markettes vpon the market dayes before Michelmas then ensuynge cause the same proclamation to be proclamed in euerye Citie or market towne within the lymittes of their Commission and the same proclamation to be fixed in some conuenient place of the sayd Citie and towne or in suche of the most occupyed market townes as to the sayde Sherifes Iustices of peace and to the sayde Maior and head officer shal be thought mete And if the sayde Sherifes Iustices of peace or the Maior and head officers shall at their saide generall Sessions or at any tyme after within syxe weekes then folowynge vppon their assembly and conference togither thynke it conuenient to reteyne and kepe for the yere then to come the rates and proportion of wages that they certifyed the yere before or to chaunge or reforme them or some parte of them then they shall before the sayde .xii.