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

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same seruaunt before th ende of his terme vnlesse it be for some reasonable and sufficient cause to be alowed as is aforesayde or if any such maister maistres or dame shall put away any such seruaunt at th ende of his terme without one quarters warnyng geuen before the said ende as is aboue remembred that then euery such maister maistres or dame so offending vnlesse he or they be able to proue by two sufficiēt witnesses such reasonable sufficient cause of putting away of their seruaūt or seruaūtes duryng theyr terme or a quarters warnyng geuen afore the ende of the said terme as is beforesaid before the Iustices of Oyer terminer Iustices of assise Iustices of the peace in the quarter Sessions or before the Maior or other head officer of any citie borough or towne corporate two Aldermen or two other discrete Burgeses of the same citie borough or towne corporate if there be no Aldermen or before the Lorde president counsell established in the marches of Wales or before the Lord president and counsell for the time being established in the North parties shal forfait the sūme of xl.s. And if any seruaunt reteyned according to the fourme of this estatute depart frō his master mastres or dames seruice before the end of his terme vnlesse it be for some reasonable sufficient cause to be alowed as is aforesaid or if any seruaūt at th end of his terme depart frō his sayd master mastres or dames seruice without one quarters warning geuē before th end of his said terme in forme aforsaid before .ii. lawful witnesses or if any persō or persōs cōpelable bounden to be reteined to serue in husbandry or in any other the artes sciences or misteries aboue remēbred by the yere or otherwise do vpō request made refuse to serue for the wages y t shal be limitted rated appoynted according to y e forme of this statute or promise or couenaūt to serue do not serue according to y e tenor of y e same that thē euery seruaūt so departing away euery person so refusing to serue for such wages vpon cōplaint therof made by the master mastres or dame of y e said seruaūt or by the partie to or with whō y e said refusal is made or promis not kept to .ii. Iustices of the peace of the countie or to y e Maior or other head officer of the citie borough towne corporate .ii. Aldermen or .ii. other discrete Burgesses of y e same citie borough or towne corporat if there be no Aldermē where the said master mastres or dame or the said partie to or with whō y e said refusal is made promis not kept dwelleth or to either of the said Lordes presidentes counsel of Wales the North the said Iustices lordes presidentes coūsels also the said Maiors or other head officers other persons of cities boroughes or townes corporate or any of thē as is aforesaid shall haue power by force of this statute to heare examine the matter and fyndyng the sayde seruaunt or the said partie so refusyng faultie in the premisses vpō such proufes good matter as to their discressiōs shal be thought sufficient to commit hym or them to warde there to remayne without bayle or maynpryse vntyll the sayde seruaunt or partie so offendyng shal be bounde to the partie to whom th offence shal be made to serue and continue with hym for the wages that then shal be limitted and appoynted according to the tenor fourm of this estatute and to be discharged vpon his delyuery without paying any fee to the gayler where he or they shal be so imprisoned AND be it lykewyse enacted by thaucthoritie aforesayde that none of the said reteyned persons in husbandry or in any the artes or sciences aboue remembred after the tyme of his reteynour expired shal depart forth of one Citie Towne or Parishe to another nor out of the Lathe Rape Wapentake or Hundred nor out of the Countie or Shire where he last serued to serue in any other Citie Towne corporate Lathe Rape Wapentake Hundred Shire or Countie vnlesse he haue a testimoniall vnder the Seale of the said Citie or Towne corporate or of the Constable or Constables or other head officer or officers and of two other honest householders of the Citie Towne or Paryshe where he last serued declaring his lawefull departure and the name of the Shire and place where he dwelled last before his departure accordyng to the fourme hereafter expressed in this Acte which certificat or testimoniall shal be wrytten and delyuered vnto the sayde seruaunt and also registred by the Parson Vicar or Curate of the paryshe where such maister maistres or dame doth or shall dwell takyng for the doyng thereof ii.d. and not aboue and the fourme thereof shal be as foloweth Memorand that A B. late seruaunt to C D. of E. husbandman or Taillour c in the sayd Countie is licensed to depart from his sayde maister and is at his libertie to serue els where accordyng to the Statute in that case made and prouided In witnesse wherof c dated the day moneth yere place c of the making therof And be it further enacted by thaucthoritie aforesaid that no person or persons that shal depart out of seruice shal be reteyned or accepted into any other seruice without shewing before his reteinor such testimonial as is aboue remembred to the chiefe officer of the towne corporate and in euery other towne place to the Constable Curate Churchwarden or other head officer of the same where he shal be reteyned to serue vpon the paine that euery such seruaūt so departing without such certificat or testimonial shal be imprisoned vntyll he procure a testimoniall or certificat the whiche yf he cannot do within the space of .xxi. dayes next after the first day of his imprisonment then the said person to be whipped vsed as a vacanbond accordyng to y e lawes in such cases prouided And that euery person reteyning any such seruaunt without shewyng such testimonyall of certificat as is aforesayde shall forfeyte for euerye suche offence fyue poundes And yf any suche person shal be taken with any counterfeyte or forged testimoniall then to be whipped as a vagabound And be it further enacted by the auctoritye aforesayde that all artificers and laborers beinge hyred for wages by the daye or weeke shall betwixt the middes of the monethes of Marche and September be and continue at their worke at or before fyue of the cloke in the mornynge and continue at worke and not departe vntyll betwixt seuen and eyght of the clocke at night except it be in the tyme of breakefast dynner or drynkynge the whiche tymes at the most shall not excede aboue two houres and a halfe in the daye that is to saye at euery drynkynge one halfe houre for his dynner one houre and for his slepe when he is allowed to slepe the whiche is from
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
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.
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
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
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
sole lawe statute in the same an vniforme order prescribed limitted concerning the wages other orders for apprētises seruaūtes labourers there is good hope y t it wyll come to passe that y e same law being duely executed shuld banyshe ydlenes aduaunce husbandry yelde vnto the hyred person both in the tyme of scarsitie in the tyme of plentie a conuenient proportion of wages Be it therfore enacted by thaucthoritie of this present parliamēt that as much of all the estatutes heretofore made euery braunch of thē as touch or concerne the hiring keping departing working wages or order of seruaūtes workmen artificers apprentices labourers or any of them the penalties forfaitures concernyng the same shal be frō after the last day of Septēber nexte ensuing repealed and vtterly voyde of none effect and that all the said statutes and euery braunch therof for any matter conteined in them and not repealed by this statute shal remayne and be in full force effect Any thing in this statute to the contrary notwithstanding AND be it further enacted by the aucthoritie aforesaide that no maner of person or persons after the foresayde last day of September nowe nexte ensuyng shall reteyne hyre or take into seruice or cause to be reteyned hired or taken into seruice nor any person shal be reteined or hired or takē into seruice by any meanes or colour to worke for any lesse tyme or terme then for one hole yere in any of the sciences craftes misteries or artes of Clothyers Wollen cloth weauers Tuckers Fullers Clotheworkers Sheremen Dyers Hosiers Taillers Shomakers Tanners Pewterers Bakers Brewers Glouers Cutlers Smythes Farrors Curryers Sadlers Spurryers Turners Cappers Hat-makers or Felt makers Bowyers Fletchers Arrowhead makers Butchers Cookes or Myllers And be it further enacted that euery person beyng vnmarryed and euery other person beyng vnder the age of .xxx. yeres that after the feast of Easter nexte shall marry and hauyng ben brought vp in any of the sayde artes craftes or sciences or that hath vsed or exercised any of them by the space of three yeres or more and not hauyng landes tenementes rentes or hereditamentes copy holde or free holde of one estate of inheritaunce or for terme of any lyfe or lyues of the clere yerely value of xl.s nor beyng worth of his owne goodes the clere value of x.li and so alowed by two Iustices of the peace of the countie where he hath most cōmonly inhabited by the space of one hole yere and vnder their handes and seales or by the Maior or other head officer of the citie borough or towne corporate where such person hath most commonly dwelled by the space of one whole yere and two Aldermen or two other discrete Burgesses of the same citie borough or towne corporate if there be no Aldermen vnder theyr handes and seales nor beyng reteyned with any person in husbandry or in any of the aforesayd artes and sciences accordyng to this Statute nor lawfully reteyned in any other arte or science nor beyng lawfully reteyned in householde or in any office with any noble man gentelman or others according to the lawes of this Realme nor hauing a conuenient ferme or other holdyng in tyllage whervpon he may employ his labour shall during the tyme that he or they shal so be vnmaried or vnder the sayde age of .xxx. yeres vpon request made by any person vsyng the art or mistery wherin the sayd person so required hath ben exercised as is aforesayde be reteyned and shall not refuse to serue accordyng to the tenor of this Statute vpon the payne and penaltie hereafter mentioned And be it further enacted that no person which shall reteyne any seruaunt shall put away his or her sayd seruaunt and that no person reteyned accordyng to this Statute shall depart from his maister maistres or dame before the ende of his or her terme vppon the payne hereafter mentioned vnlesse it be for some reasonable and sufficient cause or matter to be alowed before two Iustices of peace or one at the least within the sayde Countie or before the Maior or other chiefe officer of the Citie Borough or Towne corporate wherein the sayde maister maistres or dame inhabiteth to whom any of the parties greued shall complayne which said Iustices or Iustice Maior or chiefe office shall haue take vpon them or hym the hearyng and orderyng of the matter betwixt the said maister maistres or dame seruaunt accordyng to the equitie of the cause And that no suche maister maistres or dame shall put away any such seruaunt at th ende of his terme or that any such seruaunt shall depart from his said maister maistres or dame at th ende of his terme without one quarter warnyng geuen before th ende of his sayde terme eyther by the sayde maister maistres or dame or seruaunt the one to the other vpon the payne hereafter ensuyng And be it further enacted by thaucthoritie aforesayd that euery person betwene the age of .xii. yeres the age of threescore yeres not being lawfully reteyned nor apprentice with any Fysherman or Mariner haunting the seas nor being in seruice with any kyddyer or carier of any corne grayne or meale for prouision of the Citie of London nor with any husbandman in husbandrye nor in any Citie Towne corporate or market Towne in any of the artes or sciences limitted or appoynted by this estatute to haue or take apprentices nor being reteyned by the yere or halfe the yere at the least for the dyggyng sekyng fyndyng gettyng meltyng fynyng working trying making of any Syluer Tin Lead Iron Copper Stone Sea cole Stone cole Moore cole or Cherk cole nor being occupied in or about y e makyng of any glasse nor being a gentelmā borne nor being a student or scoller in any of the vniuersities or in any scoole nor hauyng landes tenements rentes or hereditamentes for terme of lyfe or of one estate of inheritaūce of the clere yerely value of xl.s nor beyng worth in goodes and cattels to the value of x.li nor hauyng a father or mother then lyuyng or other auncestour whose heyre apparaunt he is then hauyng landes tenementes or hereditaments of the yerely value of x.li or aboue or goodes or cattels of the value of .xl. li. nor beyng a necessary or conuenient officer or seruaunt lawfully reteyned as is aforesayde nor hauyng a conuenient ferme or holdyng whervpon he maye or shall employe his labour nor being otherwyse lawefully reteyned according to the true meanyng of this statute shall after the foresaide last day of September nowe next ensuing by vertue of this estatute be compelled to be reteyned to serue in husbandrye by the yere with any persō that kepeth husbandry wyl require any such persō so to serue within the same shire where he shal be so required AND be it further enacted by the aucthoritie of this present Parliamēt that if any person after he hath reteined any seruaunt shall put away the