pain to forfeit 12. d. for every day IV. The Surveyours have power to appoint instead of a team two able Labourers to worke as aforesaid who shall not faile in pain of 12. d. a piece for every day V. Stewards in Leets have power to inquire after the breach of this Act and to set Fines upon those that make default at their diseretion and shall within six weekes after Michaelmas deliver indented estreats thereof under their hands and seales viz. one to the Bailiffe or high Constable of the liberty and the other to the Constables and Church-wardens of the parish where the default was made VI. In default of p̄sentmēt therof in Leets the Justices of P. in Sess shal enquire therof set such fines as they or two of them 1 Qu. shal think fit whereof the Clerk of the P. shall also deliver indented Estreates under hishād seal to the Const Churchw as aforesaid VII Their Estreats shall be a sufficient warrant for the Bailiffe or chief Const to levy the said Fines by way of distresse and if no distresse can be found or the party do not pay the fyne wihtin 20 dayes after lawfull demand he or they shall forfeit double so much All which fynes forfeitures shall be imployed towards the Amendment of the high-wayes VIII The Bailisse or high Const shall yearly betwixt the first of March and the last of Aprill render unto the Const and Churchw unto whom the other part of the Estreats was delivered a true Accompt of the moneys received by him in paine of xl.s. And the said Const and Churchwardens have power to call the said Bailiffe or high-Const before two or more Just of P. 1. Qu. to passe his accompt who have power to commit him untill he shall have satisfied all the arrerages by him received save 8. d. in the pound for his own Fee and 12. d. in the pound for the Fee of the Steward or Clerk of the P. and in this Case the succeeding Const and Churchw have the same power that their predecessors had IX Stat. 5. El. 13. It shall be lawfull for Surveyors to turn a watercourse hurtfull to the high-way into any mans ditch or to take rubbish ready digged in or neere any mans Quary and for default of gravell c. elsewhere to dig in any severall ground so they forbeare to dig in houses orchards gardens and meadowes or to make a pit above ten yards broad But if they fill not the place again with earth at he costs of the parish within one moneth after it shal be so digged they forfeit five marks to the owner of the ground to be recovered by Action of debt X. The hedges and ditches adjoyning to the high-way shall be kept low and scowred and the trees and bushes growing in the high way cut downe by the owners of the grounds which shall be inclosed by the said hedges and Ditches XI Instead of the foure dayes appointed by the Stat. of 2.3 P. M. 8. six dayes shall hereafter be observed XII The Surveyors or one of them shall present every default within one month after it shall be made to the next I. of P. in pain of xl s. and the said I. of P. shall certifie the same presentment at the next general Sess in pain of 5. l. where the Justices shall have power to enquite of the default And shall set such fyne upon the delinquent as they or two of them 1. Qu. shall think fit XIII Here the presentment of a Just of P. in Sess upon his owne knowledge shall be a good conviction whereupon the Justices in Sessions or any two of them 1. Qu. may assesse a fyne as well as upon a verdict of 12 men Howbeit the Delinquent shall here be admitted to his traverse as in other Cases XIV The Fines assessed in Sess shall be estreated by the Clerk of the Peace levied accompted and imployed as by the Stat. 2. 3. P. M. 8. is provided XV. Stat. 18. El. 10. A subsidy man according to 5. l. in goods or xl s. in Lands not chargeable towards the high-ways by the Stat. of 2.3 P. M. 8. or 5. El. 13. shall find two able men to labour in the wayes as by the said statute is appoined XVI Every person having a Ploughland lying in severall parishes shall be chargeable with a Teame or draught in that parish only where he dwels Howbeit having intire Ploughlands in severall parishes he shall for every one of them find a Teame in the severall parishes where they lye although he be not inhabitant there XVII Every person not scowring his ditches or not keeping low his hedges trees and bushes according to the Stat. of 5. El. 13. shall forfeit for every such default x.s. and for not scowring his ditches in the ground next adjoyning the highwayes to the end the water may have passage the better shall for feit 12. d. for every pole so left unscowred XVIII None shall cast the scowring of his ditch into the highway and suffer it to lie there six moneths in paine to forfeit 12. d. for every load and it shall be lawfull for the Surveyers to make sluces where any such Bankes have been heretofore cast up XIX The penalties forfeited upon this stat shall be levied by the Surveyors for the time being by distresse and sale of goods and shall be imployed towards the Amendment of the High-wayes but if the Surveyors neglect to doe it within one yeare after the offence commirted the Const and Churchw shall do it according to the provisions of the before recited Statutes XX. I. of Ass Oy and Term. Just of P. in Sess and Stewards of Leets have power to heare and determine the said offences XXI Certaine provisions for the repaire of Kings Ferry in the I le of Shippey and of the wayes leading thereunto XXII Stat. 39. El. 19. An Ordinance for the Repaire of the high wayes in the Welds of Sussex c. used for Iron workes wherein Just of P. have power to meddle See the Statute at large S. Bridges Holy-dayes I. Stat. 1. Car. 1. All concourse of people out of their own parishes for any pastimes whatsoever as also bearbaytings bull-baytings Enterludes Cōmon playes all other unlawfull pastimes are prohibitedon the Lords day II. The offender against this law being thereof convicted by the view of one Just of P. in the Country or of a chiefe officer in a Corporation or by his own confession or by the oath of one witnesse before one such Just or officer shall forfeit 3. s. 4. d. to the use of the poore where the offence is committed to be levied by distresse and sale of goods upon warrant from the same Just or officer by the Const or Churchw of the same parish and in case no distresse can be had the offender shall sit in the stocks three howres but this offence ought to be prosecuted within one moneth after it shall be committed And if the officer be
of the case originall matter as of the defaults aforesaid directed to sufficient men in the County at the discretion of the Lord Chancellor which Commissioners shall presently returne into the Chancery the enquests and matters before them found VIII Here during the Sheriffes or under-Sheriffes remaining in his Office the Coroners shall Impanell the Jury each of them having lands worth 10. l. per anuum at least and upon each of which for making default the Coroners shall returne Issues viz. for the first day 20. s. for the second 40. s. for the third 100. s. and for every day after double And all this the Coroner shall do in paine of 40. l. But in case the Sheriffe or under-Sheriffe reputed in default be discharged of their office the new Sheriffe shall do that which the Coroners are above enjoyned to do and shall incurre the like penalty if they therein make default IX The Lord Chancellour upon knowledge of any such offence shal send the Kings Writ to the Justices of P. Sheriffe and under-Sheriffe of the same County to put the said Statute of 13. H. 4.7 in execution upon the paine therein contained but although no such writ be sent yet shall they not be excused of the said paine if they make not execution of the same Statute X. A Riot c. shall be repressed and inquired of at the Kings charge which the Sheriffe shall disburse by indenture betwixt the Justices of P. and him and shall be answered him againe upon his accompt in the Exchequer XI Persons guilty of heynous Riots shall suffer one whole yeares imprisonment without baile but petty Rioters shall be imprisoned as shall seeme best to the King and his Councell And greater Fines shall be set upon Rioters then in time past in ayde and supportation of the Justices and other Officers in that behalfe XII All the Kings liege people upon warning shall be assistant to the Justices Commissioners Sheriffe and under-Sheriffe aforesaid upon paine of imprisonment and to make fine and ransome to the King XIII Bailiffes of Franchises shall cause sufficient men to be impannelled upon such enquests if any such be found within their liberties And the Ordinances and paines aforesaid shall extend to Corporations and Liberties where they have Justices of P. within themselves XIV Stat. 2. H. 5.9 Upon a Bill of complaint for any Riot c. preferred by the party grieved to the Lord Chancellor for the time being together with a suggestion testifying the same under the seales of two Just of P. and the Sheriffe of the County the said Lord Chancellor shall send forth a Capias returnable in the Chancery at a certaine day by which if the parties offending or any of them be taken they shall be committed to ward or let to mainprife at the discretion of the said Lord Chancellor and shall be proceeded against as the Law requireth But if the Sheriffe returne Non est inventus a Writ of Proclamation to be proclaimed two County Court dayes shall goe out returnable in the Kings Bench at a certaine day before which if they render not themselves they shall be adjudged convict and attainted of the offence suggested XV. If the offence be committed within the County Palatine of Lancaster or other Franchise where there is a Chancellor and Seale The Lord Chancellor of England shall send a Writ to the said Chancellor commanding him to make such execution as in this Act is comprised 17. XVI Stat. 8. H. 6.14 Two Justices of P. of the Counties where Riots are supposed to be committed shall testifie that the common fame runneth in the same Counties of the same Riots before the Capias shall be awarded according to the Stat. of 2. H. 5.9 XVII If the offence be committed within a Liberty where there is a Chancellor and a Seale upon information of the Riot c. from a Justice of P. and Sheriffe there the said Chancellor hath power to award Writs of Capias and Proclamation as the Chancellor of England hath XVIII Stat. 19. H. 7.13 If any Riot c. be committed the Sheriffe upon a Precept directed unto him shall returne 24. persons whereof every one shall have free-hold within the same County worth 20. s. per annum or Copy-hold worth 26. s. 8. d. per an or Copy-hold and Free-hold together worth 26 s. 8. d. per annum for to inquire of the same Riot c. And shall returne Issues upon every Juror making default viz. for the first day 20. s. and for the second 40. s. And all this the Sheriffe shall do in paine of 20. l. XIX If the said Riot c. be not found by reason of any maintenance or embracery of the said Jurors then shall the Justices and Sheriffe or under Sheriffe besides the Certificate they are to make according to the Stat. of 13. H. 4.7 certifie the names of such maintainers and embraceors together with their misdemeanors in paine to forfeit 20. l. a piece which Certificate shall have like force of proving the offence as a verdict of 12. men And then such maintainers and embraceors shall forfeit 20. l. a piece and remaine in prison at the discretion of the Justices Robbery Stat. 8. El. 4. A Cut-purse Pick-pocket or other person whatsoever which feloniously and privily taketh away any money or other goods from the person of another without his knowledge shall not have the benefit of Clery S. Clergy Felony 15. Hue and Cry Rogues S. Vagabonds Rome S. Recusants Sacraments and Service Divine I. Stat. 50. E. 3.5 and 1. R. 2.15 None shall arrest Priests or other Clerks while they attend Divine Services in paine of imprisonment and to be ransomed at the Kings will so that no collusion or fained cause be found in them II. Stat. 1. E. 6.1 None shall speake or do any thing in contempt of the most holy Sacrament in paine of imprisonment and to make fine and ransome at the Kings will III. Three Just of P. 1. Qu. have power to take information by the oaths of two lawfull persons at least concerning the offence aforesaid and to bind over by Recognisance every Accuser and Witnesse in 5. l. a piece to appeare at the next Sess to give evidence against the offenders who are there to be inquired of before three such Justices or more by the oathes of 12. men and also indicted if the matter alledged against them shall be found true IV. Three such Justices or more have likewise power to send out two Capias an Exigent and a Capias utlagatum against such offenders into all Counties and Liberties and upon their appearance to determine the contempts and offences aforesaid or to take baile for their appearance to be tried as aforesaid V. The Justices also have power to direct a Writ in the kings name to the Bishop of the Diocesse where the offence was committed by which he shall be required to be present himselfe or some for him sufficiently learned at the
default of prosecution the King hath two yeares after that one yeare but this is to be understood where a shorter time is not limited by any stat XVII All sutes for using unlawfull games or any Art or Mystery without being brought up in it and for not having Bowes and Arrowes according to the statute shall be prosecuted at the Assises or Sessions of the Countie or at the Leete within which the offence was committed and not elsewhere 18. XVIII Stat. 21. Jac. 4. Actions popular shall be prosecuted before Just of Ass Nisi prius G.D. Oyer and Ter. or of P. onely in the Counties where the Offences were committed except for Recusancie maintenance Champertie buying of Titles concealing of Customes c. or transporting of Gold Silver Munition Wooll Wooll fels or Leather XIX Upon default of proving that the Offence was committed in the same Countie the defendant shall be found not guilty XX. The Informer shall make oath that the offence was committed in the same Countie where the Action is laied and within one yeare before the sute commenced XXI The defendant in a popular Action may plead the generall issue and yet give speciall matter in evidence Alehouses Drunkennesse I. Stat. 5. 6. E. 6.25 None shall keepe Alehouse without Licence granted either in Sess or by 2. Just 1. Qu. in paine of 3. dayes Imprisonment without Baile and not to be enlarged without Recognisance by himselfe and two Sureties that he shall not keepe Alehouse any longer the certificate of which recognisance and offence shall be a sufficient conviction at the Qu. Sess to fine him xx s. 30. II. The Qu. Sess or two such Justices have power to put downe Alehouses at their discretion and to take Bond and suretie of Alehouse-keepers by Recognisance that they use not unlawfull games or other disorder in their houses for which Recognisance the parties bound shall pay 12. d. and whereof certificate shall be made at the next Qu. Sess by the two Justices that take it in paine of five markes III. Just of P. have power to inquire after the breach of this last Recognisance to award processe thereupon and to heare and determine the same at their discretions IV. This Act shall not restraine the selling of Ale and Beere in Townes where Faires are kept during the time of the Faire 34. V. Stat. 1. Jac. 9. No Innekeeper Victualler or Alehousekeeper shall suffer any town-dwellers to sit tippling in his house in paine of x. s. nor sell lesse then a full Ale quart of the best Ale or Beere or two quarts of the small for one penny in pain of 20. s. And here the view of one Justice or proofe by two witnesses upon oath before one Justice is sufficient conviction 16.22.23 28. VI. The penalties aforesaid are given to the poore of the parish where the offence is committed and are to be levied by the Constable and Churchw by distresse which after six dayes may bee sold to satisfie the penaltie and for default of distresse the partie delinquent must suffer imprisonment till hee pay the penaltie VII Here every officer that neglects to levie the said penalties or to certifie within 20. daies the default of distresse shall forfeit likewise to the poore xl s. to be levied upon warrant from one Justice by distresse and fale as aforesaid and upon default of distresse shall incurre commitment as before VIII The Officers or other parties receiving these penalties shall be accomptable to the succeeding Officers and other parishioners IX None shall intermeddle to put this Act in execution within either of the Universities save onely the Magistrates of the same X. Stat. 4. Jac. 4. None shall sell Ale or Beere to an unlicensed Alehouse-keeper save only for the expence of his houshold in paine of 6. s. 8. d. for every Barrell and so more or lesse according to that proportion XI This Offence shall bee prosecuted in the Qu. Sess and the forfeiture shall be equally divided betwixt the prosecutor and the poore of the Parish XII The Officer that shall levie the poores Moity shall deliver it to the Church-wardens and Overseers of the Parish or one of them and they shall in convenient time make distribution thereof to the poore in paine that both the Officer and they shall forfeit respectively double the value of that Moity to be recovered and imployed as aforesaid XIII Stat. 4. Jac. 5. One convicted of Drunkennesse in Court or before a Judge or Justices in their severall limits shall forfeit v.s. to the poore to be levied and imploied as the penalties of 1. Jac. 9. and in case hee be not able to pay it shall remaine in the stockes six houres 6.7 and 28. XIV Here the officer which neglects to levie the said penaltie shall forfeit 10. s. to be levied and imployed as aforesaid XV. A towne-dweller which is convict to sit tippling in any Inne Victualling house or Alehouse by the view of one Justice or the proofe of two witnesses shall forfeit ten groates to be levied and imployed as aforesaid and being not found able to pay it shall remaine in the stooks foure houres 24. XVI These offences as also those mentioned in 1. Jac. 9. shall be inquired of heard and determined at the Assises at the Sessions in corporate townes and in Leetes XVII One convicted the second time of drunkennesse shall be bound in ten pounds with two sureties to the good behaviour 25. XVIII All Constables Churchwardens Headboroughs Tithingmen Ale-cunners and Sidemen shall bee charged in their oathes to present the said offences 27. XIX This Act shall not restraine Ecclesiasticall Jurisdiction nor the two Universities XX. None shall be twice punished for one offence XXI The offenders against this Act shall be prosecuted within six months XXII Stat. 7. Jac. 10. An Alehouse-keeper lawfully convicted for any of the offences forbidden by the stat of 1. Jac. 9. or 4. Jac. 5. shall be disabled to keepe Alehouse within three yeares after 26. XXIII Stat. 21. Jac. 7. One witnesse or the parties owne confession shall be sufficient to prove the breach of 1. Jac. 9. and 4. Jac. 5. and the oath of the partie confessing shall bee sufficient to convince any other XXIV No person whatsoever shall sit tippling in any Inne Alehouse or victualling house in paine of the forfeiture mentioned in 4. Jac. 5. to be levied and imploied as there is expressed And here the view of one Justice the parties owne confession or proofe by one witnesse shall be sufficient conviction The delinquents oath shall likewise be taken to convince any other XXV The like view proofe or confession shall convince a drunkard as well for the penaltie of 5. s. as for the binding of him to the good behaviour according to 4. Jac. 5. XXVI An Alehouse-keeper offending against 1. Jac. 9. or 4. Jac. 5. according to the alterations of this Act is disabled to keepe Alehouse within three yeeres after XXVII All Constables Churchwardens Headboroughs
or Labourers that conspire together concerning their work or wages shall forfeit for the first offence x. l. to the King and if they pay it not within six dayes after conviction they shall suffer 20. dayes imprisonment and during that time shall have no sustenance but bread and water for the second offence hee shall forfeit 20. l. and that not paid within six dayes as aforesaid shall suffer the Pillory and for the third offence shall forfeit xl l. and that not paid within time limited shall again suffer the Pillory lose one of their eares and be ever after taken as men infamous and not to be credited IV. Just of Ass Just of P. Maiors Bayliffes Stewards in Sess Leets Courts have power to hear and determine these offences V. Stat. 5. El. 4. None shall hire or be hired for lesse time then one whole yeare in the Arts of Clothier Wollen Weaver Tucker Fuller Clothworker Sherman Dyer Hosier Taylor Shoomaker Tanner Pewterer Baker Brewer Glover Cutler Smith Farrier Currier Sadler Spurrier Turner Capper Hat or Feltmaker Fletcher Arrowhead-maker Butcher Cook or Miller VI. Every person unmarried or under the age of 30. years though married having been brought up in any of the Arts above said by the space of three yeares and not worth in lands xl s. per Annum or in goods x. l. and so allowed under the hands and seales of two Just of P. the Head officer or two discreet Burgesses of the place where the party so brought up hath lived by the space of one whole yeare nor already retayned in husbandry the Arts abovesaid or any other Art or Mystery or in any service upon request of any person using the same Art shall not refuse to serve for the wages limited by this statute and being so retained shall not depart from his or their service without one quarters warning before two lawfull witnesses or some lawfull cause to be proved before one Justice of P. or Head officer in paine of imprisonment without baile but upon submission to performe the service they shall be enlarged without Fees which Commitment and enlargement two Just of P. the Head officer or two Burgesses as aforesaid unto whom complaint shall be made have power to command as in their discretions and upon due proofe shall be thought fit VII Every person between the ages of 12. and 60. not already retained in any service nor imployed about husbandry Mines Glasse Coale Fishing Sayling provision of grain or Meale for London nor Gentleman born nor Scholar in an University or School nor worth xl s. per Annum in lands or x. l. in goods nor having a Father Mother or other ancestor whose heire he is worth x. l. per Annum in lands or xl l. in goods shall be compelled to serve in husbandry shall not depart that service otherwise then as is before limited upon the paine above expressed VIII None shall put away his servant before the end of his term without a quarters warning or some lawfull cause to be proved by two sufficient Witnesses before the Just of Oy and Term. Just of Ass Just of P. in Sess a Head Officer or two discreet Aldermen or Burgesses in paine of xl s. IX No servant having served in one City or towne shall goe to serve in another without a Testimoniall viz. in a towne corporate under the seales of the town two housholders there and in the Country under the seales of the Constable or Constables and two housholders there which testimoniall shall be made and delivered to the party and also registred by the Minister of the place where the servant last dwelt for which the Minister is to have 2. d. X. The forme of the Testimoniall is this Memorandum that A. B. Servant to C. D. of E. in the County of F. Husbandman or Taylor c. in the said County is licenced to depart from his said Moster and is at his liberty to serve elsewhere according to the Statute in that case made and provided In witnesse c. XI The servant which sheweth not such a Testimoniall to the chief officer in a Corporation or to the Minister or some officer in any other place where he is to dwell shall suffer imprisonment till he procure one and if he produce not one within xx 1. dayes after his imprisonment or shew a false one he shall be punished by whipping as a vagabond And the Master that retaines a servant without such a testimoniall shall forfeit five pounds XII Those that work by the day or week shall continue at work betwixt the middle of March and the middle of September from 5. in the morning till betwixt 7. and 8. at night except two houres allowed for breakfast dinner and drinking and halfe an houre for sleeping from the middest of May til the middest of August all the rest of the yeare from twylight to twylight except an houre and a halfe allowed for Breakfast and Dinner in paine to have one penny defalked out of their Wages for every houres absence XIII None that takes work by Great shall leave the same before it be quite finished except for not payment of his Wages the Queenes service licence of the Workmaster or other lawfull cause in paine to suffer one moneths imprisonment without Baile and to forfeit five pounds to the party grieved besides his Costs and dammages to be recovered at the common Law for the losse sustained XIV None retained in service to work shall depart without Licence in paine of one moneths imprisonment XV. Such Wages of Labourers Artificers and others as have been formerly rated or concerne husbandry shall be yearly assessed for the County by the Sheriffe and I. of P. in Sess and in Corporations by the Head Officer at their Easter Sessions or within six weeks after and before the 12. of July following shal be certified under their hands and seales into the Chancery whereupon the Lord Chancellor or Keeper shall send downe printed proclamations thereof into every County and Corporation before the first of September then next following with the said Sheriffe Justices and Head officers shall before Michaelmas after cause to be inrolled and proclaimed But here when the old Rates shall be certified to stand no proclamation is needfull 56.58 XVI A I. of P. or chief officer which shall be absent at the taxing of Wages being not letted by sicknesse or some other reasonable cause to be allowed by the Justices upon Affidavit shall forfeit x. l. XVII None shall give greater wages then those so rated as aforesaid in paine of 5. l. and ten dayes imprisonment without Baile and if any person shall be convicted before two I. of P. or a Head officer of taking more wages he shall suffer 21 dayes imprisonment without Baile XVIII Every retainer promise gift or payment of wages or other thing contrary to the true meaning of this Act and every writing and Bond to be made for that purpose shall be voied
Head officer to be collected as other fines and Amerciaments for the use of the same townes XLIV When an Apprentice departs from his Masters service into another County or Corporation it shall be lawfull for the Just of P. or Head officers there being Justices of P. to direct a Capias to the Sheriffe or other chiefe officer for his apprehension and being taken the said Just of P. or Head officer shall commit him to ward untill he give good Security that he will honestly serve out his time XLV Notwithstanding this Act high Constables have power to keep their Statute Sessions so that they there doe nothing repugant thereunto XLVI Stat. 5. El. 5. Every housholder using the trade of the Seas Fisher Gunner or Shipwright may take Apprentices according to the custome of the City of London so that the Apprentice be seaven yeares old the Indenture inrolled in a corporate towne for which Inrolment the officer shal not take above 12. d. XLVII Stat. 8. El. 11. None shall make any Hat or Felt with forraine stuffe unlesse he hath served Apprentice to that Art seaven yeares at least in pain of forfeiting the Hats or Felts so made and 5. l. for every mone the continuance in so doing XLVIII No Hatmaker shall have above two Apprentices at one time nor them for lesse time then seaven yeares a pecce in pain to suffer one moneths imprisonment for every one he keepes more and to be for ever after disabled to keep any more then one XLIX This Act shal not restraine Hatmakers to imploy their Children L. Stat. 1. Jac. 17. None shall make any Hat or Felt of any Stuffe what soever which hath not served an Apprentice seaven yeares in that Art in pain of 5. l. for every month neither shall he have above two Apprentices at one time or imploy any Journeyman in that Art which hath not served the like time upon the like pain LI. This Act shall not restraine Hatmakers to imploy their Children so that they be bound for seaven yeares and their terme doe not expire untill they shall have accomplished the age of 21. yeares LII The forfeitures of this Statute as also those of the 8. El. 11. shall be divided betwixt the King and the prosecutor LIII Stat. 3. Jac. 9. None shall imploy any Journeyman or apprentice in the Art of Skinner unlesle he use the same Art himselfe and hath served seaven yeares therein as an Apprentice in pain of forfeiting double the value of the Skins dressed to be divided betwixt the King and the proecutor or Seisour LIV. Stat. 1. Jac. 6. The statute of 5. El. 4. Shall give power to the Justices of P. to rate the Wages of any Labourers Weavers Spinsters and workmen or workwomen whatsoever LV. The rating of such wages in Sess by the more pact of the Justices within any particular Ryding or Division where generall Sess have been used severally to be kept shall be as effectuall as those rated at the generall Sess of the whole County LVI The Sheriffe and Head officers within their severall precincts shall cause the said rates to be proclaimed in such sort as if they had been sent downe printed from the Lord Keeper which all persons shall be bound to observe upon the paines and penalties mentioned in the said Statute of 5. El. 4. LVII A Clothier convicted before the Justices of Ass or P. in Sess or before two Just of P. 1. Qu. by his own confession or the evidence of two Witnesses not to have observed the said Rates shall forfeit x. s. to the party grieved to be levied upon warrant from the same Just by distresse and sale of goods LVIII None shall incurre any danger for not making Certisicate of the Rates into the Chancery according to 5. El. 4. LVIX A Clothier being also a Just of P. shall not be a Rater of Wages for any Artificer that depends upon making of Cloth S. Masons Poore people 6. 20. c. Lader S. Badger Larceny S. Bailement 2. Trespasse Latten S. Brasse Leather Tanner Currier and Shoomaker I. Stat. 5.6 E. 6.15 None shall buy or ingrosse Leather to the intent to sell the same againe in pain to forfeit the same Leather or the value there of be divided betwixt the King and the prosecutor or Seisor II. This Statute shall not restrain Girdlers and other Artificers to sell their necks Wombes and Shreds nor the buying of so much Leather as the party which buyes it hath licence to transport III. None shall transport any Shooes Bootes Buskins Stertups or slippers in pain to forfeit the same or the value thereof to be divided betwixt the King and the prosecutor or seisor IV. No Girdler or other cutter of Leather in London shall curry it in his owne house in paine to forfeit the same Leather to be divided betwixt the King and the prosecutor V. Stat. 1. M. Parl. 2.8 No Artificer using the Mystery of Leather buying shall buy any Leather and sell the same againe to be transported in pain to forfeit the same to be divided betwixt the King and the prosecutor VI. Curriers of London shall use their own stuffe in pain to forfeit the Leathers otherwise curried to be divided as aforesaid VII No Currier shall curry any hides betwixt Saint Jamestide and the Lady day but onely such as have been sufficiently dipped twice in the Pan inpaine to forfeit the same to be divided as aforesaid VIII A Currier shall dresse his Leather within the space of 5. dayes in Summer and of x. dayes in Winter in pain to forfeit to the party grieved for every hide otherwise dressed 10. s. IX Stat. 5. El. 22. None shall make Pelts or buy any skins of Stag Hind Buck Doe Goat Fawne or Kid except to make tawed or tanned Leather or parchment or otherwise to convert them to his owne use in pain to forfeit the value thereof and besides 2. s. 6. d. for every pelt or skin so made or bought X. Stat. 18. El. 9. The penalty of transporting Leather XI Stat. 1. Jac. 22. None shall gash any hide in paine of xx d. nor water them except in June July and August nor put them to Sale being putrified in pain to forfeit for every hide so watred or put to sale 3. s. 4. d. XII None shall kill any Calfes under 5. weeks old in pain to forfeit for evey Calfe so killed 6. s. 8. d. XIII No Butcher shall exercise the Mystery of a Tanner in pain of 6. s. 8. d. for every day he so continues both professions XIV None shall be a Tanner but such as have served seaven years as Apprentices or hired servants in that trade or the widow or children of a Tanner having a tan fat left them and having been brought up in that profession by the space of 4. yeares in paine to forfeit all the Leather they tan or the full value thereof XV. None that useth the cutting or working of Leather shall be a Tanner in
superfluous number of Maulsters and also of the Buyers of Barly to be converted into Mault VII If any man shall be convicted by the testimony of two witnesses or his owne Confession to have disobeyed the restraint aforesaid he shall suffer three dayes imprisonment withont baile and there shall still remain untill he shall before some I. of P. become bound by recognisance in xl l. to obey the said Restraint IX Justices of P. of the County shall not execute this law within Corporations but only the Justices and chiefe officers of the same Corporations X. Those which have Barley of their own growing Tith Corne or rent Corne may convert it into Mault notwithstanding this Statute XI Maulsters shall not meddle with the execution of this Act. S. Forestallers 5. Measures S. Weights Millers S. Weights 12. Money I. Stat. 25. E. 3.2 It shall be high Treason to counterfeit the Kings money or to bring into this Kingdome counterfeit mony knowing it to be false II. Stat. 3. H. 5.7 Just of Ass and Just of P. shall have power by Commission the Kings to heare and determine the offences of bringing in of false money as also of counterfeiting washing or Clipping it and of every other falsity concerning money III. Stat. 1. M. 6. It shall be adjudged high Treason to counterfeit forraine Coyn currant in England IV. Stat. 1.2 P. M. 11. It shall be high Treason to bring into this Kingdome any counterfeit forraine Coine to the intent to utter it here knowing the same to be false V. Stat. 5. Elizab. 11. It shall be high Treason to clip wash round or file currant money whether English or Forraine for which the offender shall suffer as in case of high Treason and also shall forfeit his goods and Chattels for ever and his lands also during life VI. Stat. 14. El. 3. It shall be misprision of Treason to counterfeit forrain Coine not currant in England for which the offender shall suffer imprisonment and forfeit such lands and goods as in case of misprision of Treason for concealment of high Treason VII Stat. 18. El. 1. It shall be high treason to diminish shale or lighten any Currant Coine English or forraine for which the offender shall forfeit his goods and Chattels for ever and his lands during life But here there shall be no Corruption of Blood or losse of Dower VIII A Peere of the Realme guilty of this offence shall be tryed by his Peeres Mortuaries I. Stat. 21. H. 8.6 None shall take or demand for a mortuary any thing at all where by the Custome they have not been usually paid nor upon the death of a woman Covert a Child any person not keeping house a wayfaring man one not residing in the place where he happens to die or where the goods of the dead person debts deducted amount not to the value of x. markes or above the summe 3. s. 4. d. when they exceed not xxx l. or above 6. s. 8. d. when they exceed xxx l. and not xl l. or above x. s. when they amount to xl l. or above in pain to forfeit so much as they shall take above the severall summes limited by this Act besides xl s. to the party grieved to be recovered by Action of Debt II. Mortuaries for wayfairing men and all other which die out of their place of Residence shall be paid only in the place where they had their most habitation at the time of their death and no more but one Mortuary upon one death III. Lesse Mortuaries already setled by Custome shall not be encreased by this Act And there also persons exempted by this Act shall not hereafter be chargeable See the stat 29. H. 8.15 Note that I. of P. may punish those for extortion which take more then this statute allowes Vide Lambert 435. Rast in Tabula Murder I. Stat. 52. H. 3.25 Murder from henceforth shall not be judged before the Justices where it is found misfortune only but it shall take place in such as are slaine by felony and not otherwise II. Stat. 6. E. 1.9 No Writ shall issue out of the Chancery for the death of a man but the delinquent shall be imprisoned till the comming of the Justices in Eyre or Justices of G. D. and having put himselfe upon the Country if it shall be found by misfortune or in his own defence upon report thereof by the Just the King if he please may take him to his grace III. An Appealor which declares the deed the year the day the houre the time of the King the place where the weapon by which the party was slain and prosecutes his Suit within a yeare and a day shall not be barred for default of fresh Suit IV. Stat. 2.3 E. 6.24 If one be stricken or poisoned in one County and die thereof in another an Indictment found against the Offender in the County where the party died shall be as effectuall as one found in the County where he was first stricken or poysoned And there also may an Appeale be sued as well against the Accessaries as Principall V. An Indictment found against an Accessary to any such Murder or Felony in another County then where the principall offence was committed shall be as effectuall as if it had been found in the same County And the Justices before whom such Accessary shall be tried or tvvo of them shall write to the Custos Rotulorum of the other County for a Certificate of the proceeding against the Principall and shall give Judgement accordingly S. Eastardy 4. Clergie Felony 15. Newes Stat. West 1.3 E. 1.33 None shall report any false or slanderous nevves or tales whereupon discord may arise betweene the King and his People or the great men of the Realme in pain of Imprisonment till he produce the Author See also 2. R. 2.5 12. R. 2.11 S. Pishdayes 11. Oatmeale S. Forestallers 5. Oathes S. Recusants 8.88 Sewers 2. Sheriffes 17. Ordinary S. Ecclesiasticall Court Oldfeild Dike in the Isle of Ely S. Felony 13. Outlawed persons S. Bailement 1. Sheriffes 4. Outlawries S. Certificate Pannell S. Jurors Pardon I. Stat. 2. E. 3.2 No Pardon shall be granted of Manslaughter Robery Felony or other trespasses against the Peace but only where the King may doe it saving his oath viz. where one slayeth another in his owne defence or by misfortune II. Stat. 4. E. 3.13 10. E. 3.2 The statute of 2. E. 3.2 shall be duly put in Execution III. Stat. 10. E. 3.3 Those which obtaine the Kings Pardon for Felony shall within three months after such Pardon produce before the Sheriffe and Coroners six sufficient mainprisors or Sureties who shall under their seales be bound for the good behaviour of the party pardoned which Mainprises shall be returned into the Chancery within three weeks after the said 3. months IV. If the party pardoned faile to procure such surety or having procured beare himselfe otherwise against the Peace then he ought the pardon shall be holden for
he shall incurre a Praemunire and for the third shall be adjudged guilty of high Treason But this offence must be prosecuted within one yeare after it is committed See 26. V. If he be a Clergy-man Beneficed upon the first conviction all his Spirituall promotions shall be void VI. If he be imprisoned for this offence committed by words onely and be not indicted for the same within six months after it is committed he shall be set at liberty VII If a Peere of the Realme happen to be guilty of this offence he shall be tried by his Peeres VIII And here for the better observance of this Law was the oath of Supremacy established in these words following I. A. B. do utterly testifie and declare in my conscience that the Queenes Highnesse is the onely supreme Governour of this Realme and of all other her Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or cases as Temporall and that no forraigne Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiasticall or Spirituall within this Realme and therefore I do utterly renounce and forsake all fonaigne Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall beare faith and true Allegiance to the Queenes Highnesse her Heires and lawfull Successors and to my power shall assist and defend all Jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highnesse her Heires and Successors or united and annexed to the Imperiall Crowne of this Realme So help me God and by the Contents of this Book IX Stat. 5. El. 1. None shall maintaine the Jurisdiction of the Bishop or See of Rome within any of the Queenes dominions in paine to incurre a Praemunire X. Just of Ass and Justices of Pain Sess or any two of them 1. Qu. have power to heare and determine this offence and are to certifie such presentments into the Kings Bench within 40. dayes after they receive them if it shall be then Terme time if not then the first day of the Terme then next insuing in paine of 100. l. The Justices of the Kings Bench also as well upon such Certificate as also before themselves have power to heare and determine the same offence XI None compellable to take the oath of Supremacy by this Act or by that of 1. El. 1. which see in the Statutes at large shall refuse to take it accordingly in paine to incurre a Praemunire XII If any refuse to take the same Oath upon the second tender or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome as aforesaid do commit the like offence the second time in both these cases they shall suffer as in case of high Treason But here there shall be no corruption of Bloud disheriting of any heire forfeiture of Dower or prejudice to the right of any save onely of the offender during his life XIII This Act shall be published every Qu. Sess by the Cl. of the P. and at every Leete by the Steward there and once every Terme in the open Hall of every Inne of Court and Chancery at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being XIV None of or above the degree of a Baron shall be compellable to take this oath And here also a Peere offending shall be tried be his Peeres Provided that none shall be compellable to take this oath upon a second tender or be in danger by the refusall thereof to incurre the penalty of high Treason save only Clergy-men Officers of Ecclesiasticall Courts or such as shall not observe the Rites of Divine Service do deprave by words or writing the Rites and Ceremonies of the Church of England or do use to say or heare private Masse XV. It shall not be lawfull to slay one attainted in Praemunire S. after 26. XVI Stat. 13. El. 2. It shall be high Treason to obtaine oor put in ure any Bull of Absolution or reconciliation from the Bishop of Rome or to absolve or be absolved thereby XVII The comforters and maintatiners of such offenders shall incurre a Praemunire and their concealers misprision of Treason unlesse within six weeks they discover them to some of the Privy Councell or to one of the Presidents or Vice-Presidents of the Councels established in the North or Marches of Wales XVIII If any shall bring into any of the Queens Dominions any Agnus Dei Crosses Prictures Beads or any such vaine or superstitious thing or deliver or offer the same to any person to be used both the person so doing and the person so receiving the same shall incurre a Praemunire howbeit if the party unto whom tender thereof shall be made apprehend the pary tendring the same and carry him before the next Just of P. or not being able so to do within three dayes after discloseth his name and the place of his abode or resort unto the Ordinary or some Justice of P. within the same County or having received the same doth within one day after deliver it to some such Justice of peace then shall he not incurre any prejudice by reason of this Act. XIX A Just of P. shall disclose the offences aforesaid to the Privy Councell within 14. dayes after he shall have notice of them in paine to incurre a Praemunire XX. Here the triall of a Nobleman shall be by Peeres See after 26. XXI Stat. 23. El. 1. It shall be high Treason to have or pretend to have power or to put in practise to absolve perswade or withdraw any within the Queenes dominions from their naturall obedience to her majesty or to withdraw them for that intent from the Religion now established to the Romish Religion And them also which shall be willingly so withdrawne or reconciled as aforesaid and ther procurers and counsellors thereunto shall be adjudged guilty of the same offence XXII If any having notice of the said offences do not discover them within 20. dayes to some Just of P. or other such Officer he shall be adjudge guilty of misprision of Treason XXIII None shall say or sing Masse in paine to forfeit 200. marks to suffer one yeares imprisonment and not to be enlarged thence till that fine be paid And none shall heare Masse in paine of onw whole yeares imprisonment and 100. marks XXIV Every person not repairing to Church according to the Stat. of 1. El. 2. which see in Sacraments 24. shall forfeit 20. l. for every month they so make default and if they so forbeare by the space of twelve months after certificate thereof made by the Ordinary into the Kings Bench a Justice of Assise G. D. or Peace of the County where they dwell shall binde them with two sufficient sureties in 200 abl at least to the good behaviour from which they shall not be released untill they shall repaire to Church according to the said
Statute XXV None shall keep a Schoolemaster which absents himselfe from Church or is not allowed by the Bishop or Ordinary in paine of ten pounds for every month he so keeps him And such Schoolemaster shall be for ever after disabled to teach youth and shall suffer one whole yeares imprisonment without baile XXVI The offences against this Act and the Acts of the first fifth and thirteenth years of the Queens Reigne touching the acknowledging of her Supreame government in causes Ecclesiasticall the service of God coming to Church or establishment of true Religion within this Realme shall be inquirable before Justices of Oyer and Term. Assise G. D. and P. in their circuits and Sess within one yeare and a day after every such offence committed except Treason and misprision of treason XXVII Provided that any of the offenders aforesaid which shall before judgment submit and conforme themselves to the Bishop of the Diocesse or in open Assise or Sessions shall be discharged of every the offences aforesaid except Treason and misprision of Treason and of all paine and penalties incurred for the same XXVIII Of the forfeitures abovesaid two third parts the Queene shall have one to her own use the other for reliefe of the poore in the Parish where the offence is committed to be delivered without further warrant then of the principall Officers of the Receit of the Exchequer and the other third part the prosecutor shall have And here the offender that is not able to pay the forfeitures or doth not pay them within three months after judgement shall be committed to prison and there remaine untill he have satisfied them or shall conforme himselfe to go to Church XXIX They that have on Sundayes the Divine Service established usually read in their houses and are commonly present themselves thereat and do not obstinately refuse to come to Church but foure times in the yeare at least are present at Divine Service in their own Parish Church or some other open Church or Chappell of ease shall not incurre the penalty aforesaid for not coming to Church XXX All covinous Grants to defrand the interest which the Queen or any other person may claime by vertue of this Act or of 13 El. 2. shall be adjudged void XXXI If a Peere of the Realme happen to be indicted for any offence made Treason or misprision of Treason by this Act he shall be tried by his Peeres XXXII This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures XXXIII Stat 27. El. 2. All Jesuits Seminary Priests and other Ecclesiasticall persons borne within any of the Queens dominions and ordained or made such by the pretended Jurisdiction of the See of Rome which com into or remaine in any of the said Dominions shall be adjudged guilty of high Treason And their receivers ayders and maintainers knowing them to be such and at liberty shall be adjudged Felons without benefit of Clergy XXXIV All others brought up on Seminaries beyond Sea and not as yet in Orders as aforesaid which do not within six months after Proclamation made in London in that behalfe returne into this Realme and within two dayes after such returne before the Bishop of the Diocesse or two Just of P. of the County where they shall arrive submit themselves to the Queen and her Laws and take the Qath of Supremacy shall also bee adjudged guilty of high Treason XXXV They which give or send reliefe to any such Ecclesiasticall person or Seminary or to any brought up there as aforesaid shall incurre a Praemunire XXXVI These offences shall be heard and determined in the Kings Bench or in any County where they shall be committed or the offender taken XXXVII This Act shall not extend to any Jesuit or other Ecclesiasticall person aforesaid which within three dayes after his arrivall shall submit himselfe to some Arch-bishop Bishop or to some Just of P. of the County where he lands and there take the Oath of Supremacy and under his hand acknowledge to continue in due obedience to her Majesties Laws XXXIX Here the triall of a Peere shall be by his Peeres XL. If any knowing a Jesuit or Priest to remain within any of the Queens dominions do not within twelve dayes discover the same to some Just of P. he shall make fine and suffer imprisonment during the Queens pleasure And the Just of P. which doth not within 28. dayes after disclose it to some of the Privy Counoell or to the President or Vice-President of the Councels in the North or Marches of Wales shall forfeit 200. Marks And such of those Councels to whom that information shall be made shall deliver a writing under their hands unto the party informing testifying that such information was made unto them XLI All Oaths Bonds and submissions as aforesaid shall within three months be certified into the Chancery by the parties before whom they are taken in pain of 100. l. XLII None having submitted as aforesaid shall within ten yeeres after come within ten miles of the Court in paine to lose the benefit of such submission XLIII Stat. 29. El. 6. All Grants Incumbrances cumbrances or Limitations of use made by any person not repairing to the Church according to the Stat. of 23. El. 1. which are revokeable by the offender intended for his maintenance left at his disposition or in consideration whereof he and his family are to be kept shall be utterly void against the Queen as to hinder the levying of the forfeitures for not coming to Church or saying hearing or being at Masse or the making of seisures for the same purpose XLIV Every conviction for any offence before mentioned shall be in the Kings Bench or at the Assises or G. D. and not elsewhere and shall by the Justices there be certified into the Exchequer before the end of the terme then next following 82. XLV The Queene may seise all the goods and two thrid parts of the lands and Leases of every offender not repairing to Church as aforesaid which after their first conviction do not pay into the Exchequer in such of the Termes of Easter and Michaelmasse as shall happen next after such conviction the summe then due for the forfeiture of 20. l. a month and yearely after that in the same Termes according to the rate of 20. l. a month for so long time as they shall forbeare to come to Church according to the said Statute of 23. E. 1. vide infra 71 72 73 83. XLVI An Indictment against such an offender shall be sufficient although no mention be therein made that the party is within the Realme XLVII When an Indictment is found against such an offender Proclamation shall be made that he shall render himselfe into the Sheriffes hands before the next Ass or G. D. which if he do not that neglect shall be as sufficient a conviction as if upon the same Indictment a triall by verdict had proceeded XLVIII But here upon the offenders submission according to the
Prince to invade or annoy him or his Countries or to discharge any of his subjects of their allegiance and obedience to his Majestie or to give licence or leave to any of them to beare armes raise tumult or to offer any violence or hurt to his Majesties Royall person state or government or to any of his Majesties subjects within his Majesties Dominions Also I doe sweare from my heart That notwithstanding any declaration or sentence of excommunication or deprivation made or granted or to be made or granted by the Pope or his successors or by any authority derived or pretended to be derived from him or his Sce against the said King his heires or successors or any absolution of the said subjects from their obedience I will beare faith and true allegiance to his Majestie his heires and successors and him them will defend to the uttermost of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons their crowne and dignity by reason or colour of any such sentence or declaration or otherwise and will do my best endeavour to disclose and make knowne unto his Majesty his heires and successors all treasons and traiterous conspiracies which I shall know or heare of to be against him or any of them And I doe further sweare That I doe from my heart abhor detest and abjure as impious and hereticall this damnable doctrine and position That Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their subjects or any other whatsoever And I do beleeve and in my conscience am resolved That neither the Pope nor any person whatsoever hath power to absolve mee of this Oath or any part thereof which I acknowledge by good and full authority to be lawfully ministred unto mee and doe renounce all pardons and dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these expresse words by mee spoken and according to the plain and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And I do make this recognition and acknowledgement heartily willingly and truly upon the true faith of a Christian So help mee God LXXXIX Unto this Oath the party taking it shall subscribe his name or mark XC No indictment against a Recusant shall be reversed for lack of form other then by direct Traverse to the point of not coming to Church or not receiving the Sacrament as aforesaid XCI The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment XCII None shall go out of this Realm to serve any forrein Prince or State without first taking the Oath aforesaid in pain to be adjudged a felon And if hee hath born office amongst souldiers before his departure out of the Realme hee shall enter into bond unto the Kings use with the condition following upon the like pain of being adjudged a felon XCIII The condition is this That if the within bounden c. shall not at any time then after be reconciled to the Pope or See of Rome nor shall enter into nor consent unto any practice plot or conspiracie whatsoever against the Kings Majestie his heires and successors or any his or their estate and estates Realms or Dominions but shall within convenient time after knowledge thereof had reveale and disclose to the Kings Majesty his heires and successors or some of the Lords of his or their honourable privie Councell all such practices plots and conspiracies That then the said Obligation to be void XCIV None but the Customer and Controller of a Port or their Deputies shall have power to take such bond or to minister the Oath in such case for which bond they shall only take 6. d. and nothing for the Oath And shall once every yeer certifie into the Exchequer every such bond in paine of 5. l. and every such Oath in pain of 20. s. XCV To absolve or withdraw any of the Kings subjects from their naturall obedience to his Majesty to reconcile them to the Pope or See of Rome or to move them to promise obedience to any pretended authority of the See of Rome or to any other Prince or State Or to be absolved withdrawn reconciled or to make promise as aforesaid shall be adjudged high Treason XCVI This last clause shall not extend to any reconciled as aforesaid for and touching the point of so beingreconciled only that shall returne into this Realme and within six dayes after before the Bishop of the Diocesse or two Justices of P. jointly or severally of the County where hee shall arrive submit himselfe to the King and his lawes and take the Oath of Supremacie and also the Oath abovesaid which said Oathes the said Bishop and Justices respectively shall by this Act have power to minister to such persons and shall certifie them in at the next generall Sess in pain of 40. li. XCVII Here the tryall of Treason shall be before Justices of Ass and G. D. of that County for the time being and may also be before the Justices of the Kings Bench But Peers in this case shall be tryed by their Peers XCVIII If any person repaireth not every Sunday to some Church or Chappel proof thereof being made to a Justice of P. by the parties owne confession or the evidence of one witnesse the same Justice hath power to call the party before him and if the party give not the Justice a good reason of his absence the Justice may give warrant to the Church-warden of the parish under his hand and seale to levie xii d. for every such default by distresse and sale of goods and in default of distresse the Justice may commit the offender to prison untill he pay the forfeiture aforesaid which shall be imployed ployed for the use of the poore But this offence must be prosecuted within one moneth after it is committed and none punished by this Law shall also be punished by the forfeiture of 12. d. upon the Statute of 1. El. 2. which see in Sacraments 24. XCIX None shall keep or retaine any person in their house servant or other which shall forbeare to come to Church by the space of a month together in paine to forfeit 10. l. for every month they so keep them Howbeit Children may relieve their Father or Mother and Guardians their Wards or Pupils C. The Sheriffe upon a lawfull Writ may justifie to breake a house for the taking of a Recusant Excommunicate CI. The Justices of the Kings Bench and Justices of Ass and G. D. may heare and determine all the offences committed against this Act and so may Justices of P. all save Treason CII The offences made felony by this Act shall not cause losse of Dower corruption of blood or disherison of heire CIII Here if an action shall be brought against an Officer for the execution of this Act
he may plead the Generall Issue and yet give speciall matter in evidence CIV This Act shall not abridge the Jurisdiction of Ecclesiasticall Censures CV None shall be punished for his wives offence neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CVI. Six of the Privy Councell whereof the Lord Chancellor Lord Treasurer or Principall Secretary shall be one have power to minister the Oaths abovesaid to Noblemen being 18. yeares old and to Noblewomen also of like age and unmarried who shall take the same Oaths accordingly in paine to incurre a Praemunire Vide infra 128. CVII The Warden of the Cinque Ports or some authorized by him shall take the bond and minister the Oath aforesaid where any person passeth beyond Sea out of them of any of their members CVIII Stat 3. Jac. 5. The person that within three dayes notice shall discover to a Just of P. any that entertaines a Popish Priest or any which have heard or said Masse shall have a thrid part of the forfeiture due for the same offences if the whole exceed not 150. l. and then onely 50. l. thereof to be delivered unto him by the Sheriffe or other Officer which shall have power to levie the same CIX No convicted Recusant shall come into the Court without command from the King or warrant from the Privy Councell under their hands in paine of 100. l. to be divided betwixt the King and the Discoverer CX A Popish Recusant convicted or indicted or any person not coming to Church by the space of 3. months together which remains in London or within ten miles distance thereof shall within ten dayes after such conviction or Indictment depart from thence and also shall deliver their names in London to the Lord Maior there and in the Country to the next Just of P. in pain of 100. l. to be divided betwixt the King and the prosecutor Howbeit this clause shall not extend to Tradesmen or such as have no other habitation then in London or within ten miles distance as aforesaid CXI It shall be lawfull for a Recusant to go about his necessary occasions as farre as a license obtained from the King or from three of the Privy Councell under their hands or foure of the next Justices of Peace under their hands and seales with the assent in writing of the Bishop Lieutenant or any deputy Lieutenant of the same County shall give him leave notwithstanding the Statute of 35. El. 2. which lecence shall not be granted by the said Justices till the party hath made oath of the true reason of his journey and that he will make no causelesse stayes CXII No convicted Recusant shall practise the Common Law Civill Law Physick or Art of Apothecary or be an Officer of or in any Court or beare any Office amongst souldiers or in a Ship Castle or Fortresse in paine of 100. l. to be divided betwixt the King and the prosecutor 130. CXIII No Popish Recusant convict or whose wife is a Recusant convict shall exercise any publique Office in the Common-wealth by himselfe or his deputy unlesse he bring up his children in the true Religion together with his children servants repaire to the Church and receive the Sacrament at such times as by the Law are limited 130. CXIV A married woman being a Popish Recusant convict her husband being none that doth not conforme her selfe as aforesaid by the space of one whole yeare before her husbands death shall forfeit two third parts of her Dower or Joynture and shall be incapable of being Executrix or Administratrix to her husband and of enjoying any part of her husbands goods CXV A Popish Recusant after conviction shall be reputed to all intents as a person excommunicate untill he shall conforme go to Church receive the Sacrament and take the Oath of obedience ordained by 3. Jac. 4. Howbeit he may sue for his interest in lands not seised into the Kings hands CXVI A Popish Recusant convict which is married otherwise then in open Church and by a lawfull Minister according to the Orders of the Church of England shall not be tenant by the Counrtesie And a woman in this case shall be disabled to enjoy her Dower Joynture Widowes estate or any of her husbands goods And where the man cannot be tenant by the Courtesie he shall forfeit 100. l. to be divided betwixt the King and the prosecutor CXVII Every Popish Recusant shall within one moneth after the birth of his child cause it to be baptized by a lawfull Minister in pain to forfeit 100. l. if he out-live the moneth if not then his wife is to pay the same forfeiture which shall be divided into there parts whereof the King shall have one the prosecutor another and the poor of the parish the third CXVIII Every Popish Recusant shall be buried in the Church of Church-yard and according to the Ecclesiasticall lawes of this Realm in pain that his executor or administrator or the party that caused him to be otherwise buried shall forfeit 20. l. to be divided into three parts and disposed as aforesaid CXIX A child being no Souldier Mariner Merchant or Apprentice or Factor to a Merchant shall not be sent or go beyond sea without the licence of the King or of six of the privie Councell whereof the principall Secretary shall be one in pain to be thereby incapable to enjoy any lands or goods by descent or grant untill being eighteen yeers of age or above he take the said oath of Obedience before some Justice of Peace of the County where his parents doe or did dwell And in the mean time the next of his kin being no Popish Recusant shall enjoy the lands and goods but shall be accountable to the other in case he after conform himself as aforesaid And he that so goes out of the kingdome without licence shall forfeit 100. l. to be divided and imployed as aforesaid CXX A Popish Recusant convict shall be disabled to present to a Benefice or to grant any avoydance of a Benefice but in stead of him the Chancellor and Scholers of the Universities of Oxford or Combridge shall present within severall Counties respectively for which see the Statute at large Howbeit they shall not conferre it upon a man already Beneficed CXXI A Popish Recusant shall not be an Executor Administrator or Guardian but the next of the kin being no Recusant and unto whom the land cannot lawfully descend shall have the wardship and tuition of an heir or orphan in that case CXXII A grant of the Kings Ward to a Popish Recusant convict shall be void CXXIII None shall bring from beyond sea print sell or buy any Popish Primers Ladies Psalters Manuals Rosaries Popish Catechismes Missals Breviaries Portals Legends or lives of saints in what language soever they shall be printed or written nor any other superstitious books printed or written in the English tongue in pain to forfeit xl s. for every
paid within six weeks as aforesaid shall suffer one whole yeers imprisonment and for the third offence shall forfeit all their goods and chattels and suffer imprisonment during life XXIV Every person shall resort to their parish Church or upon let thereof to some other every Sunday and Holiday upon paine to be punished by censures of the Church and also to forfeit xii d. to be levied by the Church-wardens there for the use of the poor upon the offenders goods by way of distresse See Recusants 98. XXV Justices of Oyer and Terminer and of Ass and Maiors and head Officers of Corporations have power to hear and determine these offences unto whom the Arch-Bish or Bishop of the Diocesse may associate himself if he please Howbeit note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein which see in Title Recusants 27. XXVI None shall be impeached by this Act unlesse the offence be presented at the next Sessions of Oyer and Terminer or Ass after it is committed and here tryall of a Peer shall be by Peers XXVI This Act shall not restrain Ecclesiasticall jurisdiction Howbeit none shall be punished twice for one offence Sacriledge See Clergie Schoole-masters See Recusants 26 67. Scotland See Corn 1. Horses 9 10. Seminary Priests S. Recusants Servants S. Labourers Service divine S. Sacraments Sewers I. Stat. 23. H. 8.5 Commissioners of Sewers before they can have power to execute their Commission shall take the Oath ordained by this Statute before the L. Chancellour or those whom he shall depute by Dedimus for that purpose or else before the Justices of P. in Sess II. The form of the Oath is this Yee shall sweare That you to your cunning wit and power shall truly and indifferently execute the authority to you given by this Commission of Sewers without any favour affection corruption dread or malice to be borne to any manner person or persons And as the case shall require you shall consent and endeavour your selfe for your part to the best of your knowledge and power to the making of such wholsome just equall and indifferent Laws and Ordinances as shall be made and devised by the most discreet and indifferent number of your fellowes being in Commission with you for the due redresse reformation and amendment of all and every such things as are contained and specified in the said Commission And the same Laws and Ordinances to your cunning wit and power cause to be put in due execution without savour meede dread malice or affection As God you help c. III. Stat. 13. El. 9. A Commission of Sewers shall continue in force ten yeares and the orders made by their Commissioners one yeare longer during which time of one yeare the Justices of Peace of that County or six of them 2. Qu. have power to execute such Commission and Orders as fully as the Commissioners themselves unlesse in the interim a new Commission be sent forth Sheep S. Cattell Sheriffes I. Magna Charta 9. H. 3.17 No Sheriffe Constable Escheator Coroner or any other our Bailiffes shall hold Pleas of our Crowne II. Stat. 1. H. 4.11 If a Sheriffe commit extortion and be thereof attainted he shall be punished for the same at the Kings will III. Stat. 23. H. 6.10 No Sheriffe shall let to farme his County or Bailiwicks neither shall he his under-Sheriffe or any other Bailiffe returne upon Enquests any Bailiffe Coroner Steward or any servant of theirs neither shall they take any thing for arresting or for omitting to arrest save onely the fees that follow viz. for the Sheriffe 20. d. for the Bailiffe that makes the arrest 4. d. and for the Gaoler when the party is committed 4. d. Neither shall any Sheriffe under-Sheriffe Sheriffes Clerk Steward or Bailiffe of Franchise Servant Bailiffe or Coroner take above 4. d. for the Copy of a Pannell IV. Sheriffes and other Officers shall let to Baile persons by them arrested upon reasonable Sureties having sufficient within the County persons in ward by Condemnation exemption Capias utlagatum or Excommunicatum surety of Peace or committed by command of the Justices and Vagabonds refusing to serve only excepted V. The said Officers shall take no bond of any arrested person but for appearance and to themselves onely and shall not take for it more then 4. d. and bonds otherwise taken colore officii shall be void VI. Sheriffes shall make Deputies in the Kings Courts at Westminster to receive Writs to be delivered unto them VII Sheriffes under-Sheriffes Clerks Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises and all other Officers which do contrary to this Act shall forfeit for every such offence treble damages to the party grieved and besides 40. l. to be divided betwixt the King and the prosecutor VIII Justices of Assise of both the Benches and of Peace have power to heare and determine these offences IX If the Sheriffe returne a Cepi Corpus or Reddidit se he shall be chargeable to have the body of the party ready at the day of returne mentioned in the Writ X. The Warden of the Fleet or of the Gaole of the Kings Palace at Westminster shall not be prejudiced by this Ordinance XI Stat. 11. H. 7.15 No Sheriffe under-Sheriffe or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintife or his Attourney nor above one Plaint for one cause in paine of 40. s. to be divided betwixt the King and the prosecutor XII A Justice of Peace upon complain made hath power to examine the abovesaid Officers and Plaintife concerning the premisses and finding any of the same Officers guilty shall within three months after certifie that examination into the Exchequer in paine of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry XIII The Defendant in the County Court shall have lawfull summons and if the Bailiffe be therein found faulty he shall forfeit 40. s. And here also examination and certificate shal be made by a Justice of Peace as aforesaid XIV Before the Sheriffe issue forth any Estreats out of the County Court two Just of P. 1. Qu. shall view them and there being two parts of them indented and sealed by the said Justices and Sheriffe one of them shall remaine with the Justices and the other with the Sheriffe and here the Officer that collects them shall make oath before the said Justices to levy no more then what is contained in them in paine of 40. s. who may be convict of that offence by the examination of one Just of P. as aforesaid XV. The Justices of P. which are to have the controllement of the Sheriffe and his Estreats shall be named at Michaelmasse Sess by the Custos Rotulorum or in his absence by the eldest of the Quorum And the said Justices of P. upon information of the party grieved may make out like Processe against the
offenders as in Actions of Trespasse XVI Stat. 27. El. 12. Every under-Sheriffe before he intermeddles with his Office shall before one of the Justices of Ass or the Custos Rotulorum of the County or two Justices of Peacethere 1. Qu. take the oath of Supremacy which see in Recusants 8. and also the oath hereunder written in paine to forfeit treble damages to the party grieved if he commit any act contrary to the same oathes or either of them XVII The forme of the other oath is as followeth I A. B. shall not use or exercise the Office of under-Sheriffe corruptly during the time that I shall remaine therein neither shall or will accept receive or take by any colour meanes or devise whatsoever or consent to the taking of any manner of fee or reward of any person or persons for the Impanelling or returning of any Inquest Jurie or Tales in any Court of Record for the King or betwixt party and party above two shillings or the value thereof and such fees as are allowed and appointed for the same by the Laws and Statutes of this Realme But will according to my power truly and indifferently with convenient speed impanell all Jurors and returne all such Writ or Writs touching the same as shall appertaine to be done by my duty or Office during the time that I shall remaine in the said Office So help me God XVIII No Bailiffe of a Franchise Deputy or Clerk of a Sheriffe or under-Sheriffe shall intermeddle with their severall Offices before they have taken the said Oaths as aforesaid altering onely the termes of Office in paine to forfeit 40. l. to be divided betwixt the King and the prosecutor XIX Justices of Ass and Just of P. in Sess have power to heare and determine the defaults and offences aforesaid and upon conviction to award Processe accordingly XX. Stat. 29. El. 4. No Sheriffe under-Sheriffe Bailiffe of a Liberty or any of their Deputies shall either directly or indirectly take more for serving an extent or execution then after the rate of 12. d. for every pound under 100. l. and 6. d. for every pound above 100. l. in paine to forfeit treble damages to the party grieved and besides 40. l. to be divided betwixt the Queen and the prosecutor XXI This Act shall not extend to fees for Executions within Cities or Corporations S. Bailement 2. Indictments 5. Jurors Justices of P. 18. Ship-Wrights S. Labourers 46. Shoo-makers S. Leather Silver S. Gold Skinners S. Labourers 53. Souldiers S. Captaines Stabbing S. Clergie 18 19. Stewards of Courts S. Justices of P. 14 16 28. Strangers S. Aliens Supersedeas I. Stat. 21. Jac. 8. Processe of the Peace or good behaviour shall not issue out of the Chancery or Kings Bench but upon motion in open Court and good cause alledged upon oath which shall also be endorced upon the Writ Howbeit if that cause shall be afterwards disproved the Judge or Judges of the said Courts respectively shall commit the offender to prison till he pay the party grieved all his costs and damages II. All Writs of Supersedeas shall be void unlesse such Processe be likewise granted upon motion as aforesaid and upon such sufficient sureties as shall appeare to the Court upon oath to be Subsidie-men assessed at 5. l. lands or 10. l. goods and also unlesse the prosecution against the party for the Peace or good behaviour be bona fide And here false sureties procured for the gaining of such Writs shall be punished by the Judges III. Certioraries shall not be allowed unlesse the Indictee will become bound with sufficient sureties such as the Justices of P. in Sess shall think fit to pay to the prosecutor within one month after conviction such costs and damages as the said Justices shall assesse Sunday S. Holy-dayes Leather 32. Recusants Swans S. Hawks 7.20 Swearing Cursing I. Stat. 21. Jac. 20. If any shall sweare or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession or the evidence of two witnesses upon oath before the same Justice they shall forfeit 12. d. to the use of the poore where the offence shall be committed to be levied by the Const Churchw and Overs of the poore there upon warrant from such Justice by distresse and sale of goods And in defect of distresse if the offender be above 12. yeares old he shall upon warrant as aforesaid be set in the stocks three houres but if under then shall he be whipped by the Constable or by the Parent or Master in the Constables presence II. Here if an Officer be sued for the due execution of his Office he may plead the generall Issue and yet give speciall matter in evidence III. This offence shall be complained off and proved as aforesaid within twenty dayes after it is committed And this Act shall be read in every Church twice in the yeare upon Sunday after evening prayer Tanner S. Leather Testimoniall S. Labourers 9 10 11. Tiles I. Stat. 17. E. 4.4 Tile-earth shall be cast up before the first of November stirred and turned before the first of February and not made into Tile before the first of March And shall likewise be well tried and severed from stones malme marle and chalke II. A plaine Tile shall containe in length ten Inches and an halfe in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at least A Roofe or Creast-Tile in length thirteen Inches and in thicknesse as before with convenient deepnesse accordingly A Gutter and Corner-Tile in length ten Inches and an halfe with convenient thicknesse breadth and deepnesse III. If any shall sell Tile otherwise made he shall forfeit to the buyer the double value thereof to be recovered by action of debt and besides shall make fine and ransome at the Kings will IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King as of the party grieved and shall not set lesse fine upon an offender against this act then after the rate of v. s. for every thousand of plain tile vi s. viii d. for every hundred of roof-tile and ii s. for every hundred of corner or gutter-tile V. The said Justices have also authority to appoint searchers of Tile who shall diligently execute that office in paine to forfeit to the King for every default x. s. and shall have of every Tile-maker for such search after the rate of i. d. for every thousand of plain Tile ob for every hundred of roof-Tile and qu. for every hundred of corner or gutter-Tile and shall make presentment of all defaults found at the next Sess which shall be as effectuall in law as a presentment of twelve men VI. None shall put any Tile to sale before such search be made in pain to forfeit the same and the Justices of P. have also power to hear and determine the defaults of the said searchers Tinne S. Brasse
torelease that behaviour XV. Stat. 23. El. 10. None shall kill or take any Fesants or partridges with any net or Engine in the night time in paine to forfeit for every Feasant xx s. and for every Partridge x. s. which if the offender pay not within ten dayes he shall suffer one Moneths Imprisonment without Baile and enter into Bond with good Sureties before some Just of P. not to offend in the like kind within two years after XVI The forfeitures aforesaid shall be recovered in any Court of Record and divided betwixt the Lord of the liberty or manor where the offence is committed and the prosecutor but in case the Lord shall dispense with the offender the poore of the parish are to have his Moity to be recovered by any of the Churchwardens XVII None shall hawk or hunt with his Spaniels in standing graine or before it is stocked except in his owne ground or with the owners consent in paine to forfeit xl s. to the owner of the said ground to be recovered as aforesaid XVIII Just of Ass Just of P. in Sess and afterwards in Leets have power to heare and determine these offences And one Just of P. may examine such an offender and bind him over with good Sureties to answer it at the next generall Sess if the offence be not before determined at the Assises or in a Leet XIX This Act shall not restrain Fowlers which unwillingly take Feasants or Partridges and forthwith let them go at large XX. Stat. 1. Jac. 27. Every person convicted by his own confession or upon oath by two witnesses before two or more I. of P. to have killed or taken any Feasant Partridge Pigeon Duck Heron Hare or other game or to have taken or destroied the Egs of Feasants Partridges or Swans shall by the said Just be committed to prison without baile unlesse he immediately pay to the use of the Poore where the offence was committed or he apprehended xx s. for every fowle Hare or Egge so killed taken or destroied and after one moneths commitment shall before two or more Just of P. be bound with two sufficient Sureties in xx l. a piece with condition never to offend in the like kind againe XXI Every person convicted as abovesaid to keep a Grayhound dog or net to kill or take Deer Hare Fesant or Partridge unlesse he have inheritance of 10. l. per Annum a lease for life of xxx l. per Annum or be worth 200. l. in goods or otherwise be the Son of a Baron or Knight or heire aparant of an Esquire shall suffer imprisonment as aforesaid unlesse he forthwith pay xl s. to the use abovesaid XXII None shall sell or buy to sell again any Deere Hare Feasant or Partridge except Feasants or Partridges by them reared up or brought from beyond Sea in paine to forfeit for every Deere xl s. Hare x. s. Feasant xx s. and Partridge x. s. XXIII The forfeitures abovesaid shall be divided betwixt the prosecutor and the Poor of the parish where the offence is committed XXIV Just of Ass I. of P. in Sess and two or more Just of P. out of Sess have power to heare and determine these offences XXV None shall by any former law suffer punishment for the same offence for which he shall be punished by this Law XXVI This Act shall not restraine one licenced in open Sess to kill Hawkes meate but the he shal there become bound by recognisance in xx l. not to kill any of the games prohibited by this Law nor to shoot within 600 pace of a Hearnery within 100 pace of a Pigeon house or in a Park Forest or Chase Whereof his Master is not owner or keeper The Clerk of the P. his Eee for such a licence is 12.d XXVII Stat. 7. Jac. 11. Every person convicted by his owne confession or by two witnesses upon oath before two or more Just of P. to have hawked at or destroyed any Feasant or Partridtge betwixt the first of Iuly and the last of August shall suffer one moneths Imprisonment without Baile unlesse he forthwith pay to the use of the Poore where the offence was committed or he apprehended xl s. for every time so hawking and xx s. for every Feasant or Partridge so destroyed or taken XXVIII He that shall be punished by this law shall not again be punished by any other law for the same offence XXIX This offence shall be prosecuted within six moneths after it shall be committed XXX It shall be lawfull for the Lord of a mannor or any having free warren Inheritance of xl l. per Annum Freehold of lxxx l. per Annum or goods worth 400. l. or their servants licenced by them to take Fesants or Partridges within their own grounds or precinct so they do it in the day time and only betwixt Michaelmas and Christmas XXXI If any of meane Condition shall be convicted by his owne confession or by one witnesse upon oath before two or more I. of P. to have killed or taken any Fesant or Partridge with dogs nets or engines he shall by the said Justices be committed to prison without Baile unlesse he forthwith pay to the use of the poor where the offence was committed xx s. for every Feasant or Partridge so killed or taken and also become bound before one or more I. of P. in a recognisance of 20. l. never to offend in the like kind againe XXXII Every Cóstable or head-borough upon warrant under the hāds of two or more I. of P. hath power to search the houses of persons suspected to offend against the Law and the dogs or nets there found to kill and cut in pieces at pleasure as things forfeited unto the said officers Hering S. Corne 1. High-Wayes I. Stat. 1. M. Parl. secund cap. 5. Justices of the Counties of Dorset and Sommerset shall assesse those Countries towards the repaire of the Cawsey lying between Shaftsbury and Sherburne See the slatute at large II. Stat. 2.3 P. M. 8. The Constables and Churchwardens of every parish shall yearely upon Tuesday or Wednesday in Easter week call together some of their neighbours and then make choice of two within the parish to be Surveyours of the High-wayes the yeare following who shall forthwith take that office upon them in paine to forfeit 20. s. a piece The said Const and Churchw shall ten also nominate foure dayes betwixt that time and Midsommer to be set apart for the Amendment of the high-wayes and shall give publique notice thereof in the Church the next sunday after Easter III. The officers and dayes being thus appointed every one having a team or a plow-land either in arable or in pasture is chargeabe to send two able men with a Teame and tooles convenient to worke eight houres upon every one of those foure dayes in pain to forfeit x. s. for every day default is made And every Cottager is bound to work himself or to find one to work for him as aforesaid in