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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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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
Maiestie intituled an Acte for true currying of leather One other Act made in the third and fourth yeres of our sayde soueraigne Lorde kyng Edward the syxt intituled an Acte for bying rough hydes and Calues skinnes And as much of an Acte made in the .v. and .vi. yeres of our sayde late soueraigne Lorde kyng Edwarde the .vi. intituled an Acte agaynst regrating of tanned leather as doth prouide or geue libertie to any person or persons to carry ouer any shoes bootes buskynnes startvppes slippers and other made wares to the towne of Callyce And one other Acte made in the first yere of our soueraigne Lady the Quenes Maiestie intituled an Acte touchyng Shoemakers Curryers And one other act made in the saide fyrst yere intituled an Acte touchyng sellyng of tanned leather shall from and after the sayde feast of Saint Michaell nexte commyng be vtterly repealed An Act for the punishement of such persons as shall procure or commit any wylfull periury ¶ The .ix. Chapter WHere in the Parliament holden at Westminster in the xxxii yere of the raigne of the late king of famous memorye kyng Henry the .viii. emongest other thinges it was ordeyned enacted established that no person or persons of what estate degree or conditiō soeuer he or they were should frō thenceforth vnlawfully suborne any witnes or witnesses by letters rewardes promises or by any other sinister labour or meanes for to maynteyne any matter or cause or to the disturbāce or hinderaunce of Iustice or to the procurement or occasion of any maner of periury by false verdict or otherwise in any of the kinges courtes of the Chauncery the Starre chamber the white hall or els where within any the kynges dominiōs of England or Wales or the marches of the same where any persō or persons haue or from thenceforth shoulde haue aucthoritie by vertue of the kinges Cōmission patent or writ to holde plea of land or to examine heare or determine any tytle of landes or any matter or witnesses concerning the title right or interest of any landes tenementes or hereditamētes vpon payne of forfaiture for euery such offence x.li th one moitie therof to be to the kyng thother to the partie that would sue for y e same as by the same estatute amonges diuers other thynges more plainly it doth appeare Sithens y t makyng wherof for that the said penaltie is so smal towardes the offendours in y t behalfe the said offence of subornation sinister procuremēt of false witnesse hath neuerthelesse greatly encreased and augmēted by reason of the wylfull periury cōmitted by the same suborned witnesses diuers sundry of the Quenes Maiesties subiectes haue susteyned disherison great impoueryshment aswell of theyr landes tenementes as also of theyr goodes cattelles Be it therfore enacted by our soueraigne Lady the Quene by the assent of the Lordes spirituall temporall and the cōmons in this present parliament assembled by thaucthoritie of the same that all euery such person and persons which at any tyme after the .x. day of April next cōming shal vnlawfully corruptly procure any witnes or witnesses by letters rewardes promises or by any other sinister vnlawfull labour or meanes whatsoeuer to commit any wylful corrupt periury in any matter or cause whatsoeuer now depending or which hereafter shall depend in sute varyaunce by any writ action hyll complaynt or information in any wyse touching or concerning any landes tenementes or hereditamentes or any goodes cattels debtes or damages in any of the courtes before mentioned or in any of the Quenes Maiesties courtes of Record or in any leete viewe of franke pledge or lawdaye auncient demeane court hundred-courte courte baron or in the courte or courtes of the Stannery in the counties of Deuon and Cornwal or shall lykewyse vnlawfully and corruptly procure or suborne any witnes or witnesses which shall from and after the said tenth daye of Apryll be sworne to testifie in perpetuam rei memoriame that then euery such offendour or offendours shal for his hers or their said offence being therof lawfully conuicted or attainted lose and forfaite the sūme of fortie poundes And if it happen any such offendour or offendours so beyng conuicted or attaynted as aforesaid not to haue any goodes or cattelles landes or tenementes to the value of xl.li that then euery such person so beyng conuicte or attaynted of any the offences aforesayde shall for his or theyr sayde offence suffer imprisonment by the space of one halfe yere without bayle or mainprise and to stand vpon the pyllory by the space of one whole houre in some market Towne next adioynyng to the place where the offence was committed in open market there or in the market towne it selfe where the offence was cōmitted And that no person or persons beyng so conuicted or attaynted to be from thenceforth receaued as a witnes to be deposed or sworne in any Court of Record within anye of the Quenes hyghnes dominions of England Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayde person or persons shal be reuersed by attaynt or otherwyse and that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynste all euery such person and persons as dyd procure the sayde iudgement so reuersed to be fyrst geuen agaynst them or any of them by action or actions to be sued vppon his or theyr case or cases accordyng to the course of the common lawes of this Realme And be it further enacted by the aucthoritie aforesayde that yf any person or persons after the sayde tenth day of Apryll next commyng eyther by the subornation vnlawfull procurement sinister perswasion or meanes of any others or by theyr owne act consent or agrement wylfully and corruptly commit any maner of wylful periury by his or their deposition in anye of the Courtes before mentioned or beyng examined ad perpetuam rei memoriam that then euery person and persons so offendyng and beyng thereof duely conuict or attaynted by the lawes of this Realme shal for his or their sayde offence lose and forfait twentie poundes and to haue imprisonment by the space of .vi. monethes without bayle or mainprise and the othe of such person or persons so offendyng from thenceforth not to be receaued in anye Courte of Recorde within this Realme of Englande or Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayd person or persons shal be reuersed by attaynt or otherwyse And that vpon euery such reuersall the parties grieued to recouer his or theyr damages agaynst all and euery such person and persons as dyd procure the sayde iudgement so reuersed to be geuen agaynst them or any of them by action or actions to be sued vpon his or theyr case or cases accordyng to the course of the cōmon lawes of this Realme And yf it happen the said offendour or offendours so offendyng not
other dead victualles whatsoeuer within the Realme of Englande to the intent to sell the same agayne shal be accepted reputed and taken an vnlawefull engrosser or engrossers with a prouiso and ordinaunce conteyned in the same Act that it shoulde be lawfull to euery person or persons beyng a common Badger Lader Kydder or Carryer which shal be licenced assigned alowed thervnto by thre Iustices of the peace of the Countie where the said badger lader kydder or carryer shall dwell which shall sell or deliuer in open fayer or market or to any other victualler or to any other person or persons for the prouision of his or their house or houses all such Corne Fishe Butter or Cheese as any such person or persons shal bye or cause to be bought and that within one moneth next after he or they shall so bye any such corne grayne butter or cheese so that the same shal be bought without forestallyng shall not be in any wyse demed adiudged or taken any offence contrary to the sayde Acte And where also it is prouided enacted by the same Act of Parliament that it shal be lawefull to all and euery person and persons knowen for a cōmon drouer or drouers being licensed aucthorised alowed in wrytyng by the Iustices of the peace wherof one to be of the Quorū of the Countie or Counties where the same Drouer or Drouers shal be most abydyng dwelling to bye Cattell in such Shires or Counties where drouers haue ben wont in tymes past accustomably to bye Cattell at their free libertie and pleasure and to sell the same agayne And that it shal be lawfull to euery person and persons which shal be assigned and alowed by the Iustices of the peace of the Countie where he shall dwell to bye otherwyse then by forestallyng Corne Grayne or Cattell to be transported or carryed by water from any port or place within this Realme or Wales vnto any other porte or place within the sayde Realme or dominions as in the said act amongs other things doth appeare Since the makyng of which Acte such a great number of persons sekyng onely to lyue easely and to leaue theyr honest labour haue and do dayly seke to be alowed licensed to the sayde offices or doynges beyng most vnfyt and vnmete for those purposes and also verye hurtfull to the common wealth of this Realme aswell by thinhaunsyng of the prices of corne and grayne and other the said victualles as also by the diminishyng of the number of good and necessary husbandmen which sayde number of drouers of Cattel and badgers laders kydders carryers of corne and grayne are many tymes without good orders and due consideration assigned allowed thervnto to the great preiudice of the common wealth In consideration wherof be it enacted by the Quene our Soueraigne Lady with thassent of the Lordes spirituall and temporall and the Cōmons in this present Parliament assembled by thaucthoritie of the same that no drouer of Cattel Badger lader kydder carryer byer or transporter of corne or grayne butter or cheese be from or after the feast of Easter next after the fyrst day of this present Parliament licensed admitted assigned or alowed to those offices or doinges or to any of them but only in the general open quarters Sessions of the peace to be holden in the shire where such person or persons so to be admitted assigned or alowed doth or shall dwell and hath or shall haue dwelled there by the space of three yeres next before the Teste of his sayde licence And that no person or persons after the first day of Maye next comming be admitted to the sayde offices or doynges or to any of them but such only as be or haue ben maryed men and shal be at the tyme of such licence to be graunted householders and not householde seruauntes nor reteyners to any person or persons and of the age of xxx yeres at the least And that all lycences beyng made graunted as is abouesayde shall haue continuaunce and be good onlye for one yere next after the date thereof and for no more nor longer tyme. Which sayde lycences and euery of them shall beare date of the day and place where the sayde Sessions shal be holden shal be signed and sealed with the proper handes and seales of three of the sayde Iustices of the peace beyng present at the same Sessions at the least wherof one to be of the Quorum vpon payne that euery person or persons that shall take any licence contrary to this ordinaunce to lose and forfait to our soueraigne Lady the Quene her heyres successours fyue poundes sterlyng And that all licences made graunted or hereafter to be made and graunted otherwise then is before expressed shall from and after the sayde fyrst daye of Maye next commyng be voyde and of none effecte And further be it enacted by the aucthoritie aforesayde that the Iustices of the peace in the sayde generall and open sessions shall or maye by their discressions take bonde and suertie from tyme to time by Recognisaunce of such as shal be admitted or alowed hereafter a common drouer of cattell badger lader kydder carryer or byer of corne grayne butter or cheese that they nor any of them shall by colour of his or theyr licence forestall or ingrosse or otherwyse practise or do any act or thyng contrary to the tenour true meanyng or in defraudyng the sayde former estatute or of anye matter or thyng therin conteyned All which licences and euery of them and the sayde Recognisaunces shal be made and wrytten by the clarke of the peace of euery Countie where such licence shal be graunted or by his lawfull deputie and by none other person or persons And euery person that shall haue any such licence shal pay to the Clarke of the peace or his deputie for makyng therof xii d at the most and for euery recognisaunce in fourme abouesayde to be made and knowledged viii.d at the moste and for registryng of the same licence and Recognisaunce iiii.d at the most For which saide fee the saide Clarke or his deputie shall haue and kepe one Register booke and therein shall register and wryte all the names surnames and dwellyng places of suche as shal be licensed as aforesayde with a briefe declaration or entrye of the sayde licence and of the day tyme and place where suche a licence or licences shal be graunted Whiche booke or register the sayde Clarke of the peace or his deputie shall haue and bryng to euery Sessyons to the intent that it maye appeare what number of licences be and shal be from tyme to tyme graunted whereby the better consideration may be had therof Prouided alwayes and be it further enacted by thaucthoritie aforesayde that no person or persons shall or may by aucthoritie of any such licence aboue mentioned bye any corne or grayne out of open fayer or market to sell agayne vnlesse such person and
the begynnynge of this present Parliament and from thence vntill the ende of the Parlyament then nexte after to be holden ¶ An Acte against the forgyng of Euidences and Wrytynges The .xiiii. Chapter FOrasmuche as the wicked perniciouse and daungerous practise of makinge forging and publishinge of false and vntrue Charters euidences dedes and writynges hath of late tyme ben very muche more practised vsed and put in bre in all partes of this Realme then in times passed not only to the high displeasure of God but also to the greate iniurye wronge hurte domage disherison and vtter vndoing of diuers the Quenes Maiesties subiectes of this Realme and to the greate subuersion of Iustice and trueth which semeth to haue growen and happened chieflye by reason that the paynes and punishments limitted for suche greate and notable offences by the lawes and statutes of this Realme before this time haue ben and yet are so small mylde and easye that suche euil people haue not ben nor yet are afrayed to enterprise the practisynge and doinge of suche offences Be it therfore enacted by the Quenes moste excellent Maiestie with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same that if any person or persons whatsoeuer after the firste daye of Iune nowe nexte comming vpon his or their owne head and imagination or by false conspiracie and fraude with others shall wittingly subtillye and falsely forge or make or subtellye cause or wittinglie assent to be forged or made any false dede Charter or writinge sealed court roole or the will of any person or persons in writtinge to the intent that the state of freeholde or inheritaunce of any person or persons of in or to any landes tenementes or hereditamentes freeholde or Copie holde or the right tytle or interest of any person or persons of in or to the same or any of them shall or maye be molested troubled defeated recouered or charged or after the saide firste daye of Iune shall pronounce publishe or shewe forth in euidence any suche false and forged dede Charter wrytynge Court roole or will as true knowing the same to be false and forged as is aforesaide to the intent aboue remembred and shal be therof conuicted either vpon action or actions of forger of false dedes to be founded vpon this statute at the suite of the partie greued or otherwise accordinge to the order and due course of the lawes of this Realme or vpon bill or information to be exhibited into the Court of the Starre chamber according to the order and vse of that courte shall paye vnto the partie grieued his double costes and damages to be founde or assessed in that Court where suche conuiction shal be and also shal be set vpon the Pyllorye in some open market towne or other open place and there to haue both his eares cut of also his nosetrelles to be slyt and cut and seared with an hot yron so as they maye remaine for a perpetual note or marke of his falshead and shall forfait to the Quene our soueraigne Lady her heires and successours the whole issues and proffites of his landes tenementes duringe his life and also shall suffer and haue perpetuall imprisonment during his life The said damages and costes to be recouered at the suite of the partie greued as is aforesaid to be first payde and leuyed of the goodes and Cattels of the offendour and of the yssues and profites of the said landes tenemētes and hereditamentes of such partie conuicted or of one or both of them the saide title of our saide soueraigne Ladye the Quene her heyres or successours to the same notwithstandyng And be it further enacted by the aucthoritie aforesaid that if any person or persons after the saide first daye of Iune vpon his or their owne head or imagination or by false conspiration or fraude had with any other shall wittingly subtelly and falselye forge or make or wittinglye subtelly and falsely cause or assent to be made and forged any false Charter dede or writinge to the intent that any person or persons shall or may haue or clayme any estate or interest for tearme of yeres of in or to any manours landes tenementes or hereditamentes not being copie holde or any annuitie in fee simple fee taile for terme of lyfe lyues or yeres or after the said day shal as is aforesaid forge make or cause or assent to be made or forged any obligation or bill obligatorie or any acquittaunce release or other discharge of any debte accompte action suite demaunde or other thing personall or if any person or persons after the saide firste day of Iune shall pronounce publishe or geue in euidence any suche false or forged Charter dede writynge obligation bill obligatorie acquittaunce release or discharge as true knowynge the same to be false and forged and shal be thereof conuicted by any the wayes or means aforesaide that then he shall paye vnto the partie greued his double çostes and damages to be founde and assessed in suche courte where the saide conuiction shal be had and shal be also set vpon the Pyllorie in some open market towne or other open place and there to haue one of his cares cut of and also shall haue and suffer imprisonment by the space of one whole yere without bayle or mainprise And be it further enacted by the aucthoritie aforesaid that the partie and parties greued by reason of any the offences aforesaide shall and maye at his and their pleasure haue and sue his action of forger of false dedes vpon this statute against any the offendours in the same by originall writte out of the Quenes highnes Courte of Chauncerie and shall and maye haue lyke processe vppon the same as in cases of trespasse at the common lawe or maye at his pleasure take his suite against any suche offendours in any the premisses by byl before the Quenes highnes her heyres and successours in her Court commonlye called the kynges Benche or in the Court of the Exchequer in whiche suites no essoygne iniunction or protection shal be allowed for the partie defendaunt And be it further enacted by the aucthoritie aforesaide that yf the partie defendaunt shal be conuicted for any the offences aforesaid accordyng to the order and fourme aboue lymitted and shall haue receaued thereupon punishement corporall accordynge to this acte that then he shall not eftsones be empeached for the same offence And be it further enacted by the aucthoritie aforesaide that although the partie or parties plaintife in any suche action or byll to be sued as is aforesaid shal after verdyt passed against the defendaunt or defendauntes happen to releasse or discharge the iudgemēt or execution vpon the same or otherwise suffer the same to be discontinued that yet neuerthelesse the same releasse discharge or discontinuaunce shall extende onelye to discharge suche costes and damages as the same plaintifes shoulde haue had against the defendaunt
the Quenes seruantes takyng yerely wages of .v. poundes or aboue only excepted foreprised And that al plate coyne iewels goodes debtes and cattels parsonalles being in the rule and custody of any parson parsons to the vse of any corporation fraternitie guylde mistery brotherhead or any cōminaltie being corporate or not corporate be shal be rated set a charged by reason of this Acte as the value certified by the presentours of that certificate to be sworne of euery pounde in goodes and debtes as is abouesaide of euery pounde in landes tenementes annuities fees corrodies or other yerely profites as is abouesayde and the sūmes that are before rehersed set and taxed to be leuyed and taken of them that shal haue such goodes in custody or otherwise charged for landes as is before rehearsed And the same parson or parsons and bodye corporate by aucthoritie of this Acte shal be discharged agaynst hym or them that shall or ought to haue the same at the tyme of the payment or deliuery thereof or at his otherwyse departure from the custody or possession of the same Except and alwayes foreprised from the charge and assessement of this Subsedie all goodes catteles iewels and ornamentes of Churches and Chappelles whiche haue ben ordeyned and vsed in Churches or Chappelles for the honor and seruyce of almightie God And the first payment of the sayd Subsedye shal be by the aucthoritie aforesayde taxed assessed and rated accordyng to this Act in euery Shyre Lath Wepentake Rape Citie Borough Towne euery other place within this Realme of Englande Wales and other the Quenes dominions before the .xx. daye of Apryll next commyng And the seconde payment of the sayd Subsedye shal be by the aucthoritie aforesayde taxed assessed and rated before the .x. day of December next cōmyng And the particuler sūmes of euery Shire Riding Borough Towne and other places aforesayd with the particuler names of such as are chargeable for and to the first payment of the said Subsedye to be taxed and set by the Cōmissioners to the same limitted or two of them at the leaste with the names of the high Collectours and in the same fourme shal be certified into the Quenes Exchequer before the .xx. daye of Maye nexte commyng And the particuler summes of euery Shire Rydyng Borough Towne and other places aforesayde with the particuler names of suche as are chargeable for and to the seconde payment of the sayd Subsedye to be taxed and set by Commissioners to the same to be limitted or two of them at the least with the names of the hygh Collectours and in the same fourme shal be certified into the Quenes Exchequer before the .xx. day of Ianuary whiche shal be in the yere of our Lorde God a Thousande fyue Hundreth Threescore and three And the sayde summes in maner and fourme aforesayde to be taxed for the first payment of the sayde Subsedye shal be payde into the Quenes receipte of her Exchequer aforesayde to the vse of our sayde Soueraigne Lady before the fyrst day of Iune next cōmyng And the sayd summes in maner and fourme aforesayd to be taxed for the seconde payment of the sayd Subsedye shal be payde into the receipte aforesayde to the vse aforesayde before the .xx. day of February whiche shal be in the yere of our Lorde God a Thousande fyue Hundreth Threescore and three And the summe abouesayde of and for the saide Subsedye shal be taxed sette asked and demaunded taken gathered leuyed and payde to the vse of our sayde Soueraigne Ladye her heyres and successours in fourme abouesayde aswell within the liberties fraunchises sanctuaryes auncient demeane and other whatsoeuer place exempt or not exempt as without except such Shires places and parsons as shal be foreprised in and by this present Acte any graunt charter prescription vse or libertie by reason of any letters patentes or other priuiledge prescription alowaunce of the same or whatsoeuer other matter of discharge heretofore to the contrary made graunted vsed or obteyned notwithstandyng And it is further enacted by the aucthoritie of this present Parliament that euery such parson aswell such as be borne vnder the Quenes obeysaunce as euery other parson straunger borne denizen or not denizen inhabytyng within this Realme or within Wales or other the Quenes dominions which at the tyme of the sayde assessynges or taxations or of eyther of them to be had or made shal be out of this Realme and out of Wales and haue goodes or cattels landes or tenementes fees or annuities or other profites within this Realme or in Wales shal be charged and chargeable for the same by the certificate of the inhabytauntes of the parties where such goodes cattelles landes tenementes or other the premisses then shal be or in suche other place where such parson or his factour deputie or atturney shal haue his most resorte vnto within this Realme or in Wales in lyke maner as yf the sayde parsone were or hadde ben at the tyme of the sayde assessyng within this Realme And that euery parson abydyng or dwellyng within this Realme or without this Realme shal be charged or chargeable to the same Subsedye graunted by this Act accordyng and after the rate of such yerely substaunce or value of landes and tenementes goodes cattelles and other the premisses as euery parson so to be charged shal be set at in the tyme of the sayde assessyng or taxation vpon hym to be made and in none otherwyse And further be it enacted by the aucthoritie aforesaid that for thassessyng and orderyng of the sayde Subsedye to be duely had the Lorde Chauncelour of Englande or the keper of the greate seale the Lorde Treasourer of Englande the Lorde Steward of the Quenes Maiesties housholde the Lorde President of the Quenes honorable Counsell and the Lorde Priuie seale for the tyme beyng or two of them at the least wherof the Lord Chauncelour of England or keper of the great seale for the tyme being to be one shall and may name appoynt of and for euery Shire and Rydyng and other places aswell within this Realme as in Wales and other the Quenes dominions and also of and for euery Citie and Towne beyng a Countie of it selfe and of for the Isle of Wyght such certeyne numbre of parsones of euery of the same Shires Ridinges Lathes Wapentakes Rapes Cities Townes and Isle of Wyght and euery other place other the inhabitantes of the same to be Commissioners of and within the same wherof they be inhabitauntes and also of and for the honorable housholde of the Quenes Maiestie in what Shire or other places the sayde housholde shall happen then to be And the Lorde Chauncelour or keper of the great Seale other with hym before named in lyke maner may name appoynt of euery other such Borowe and Towne corporate aswell in Englande as in Wales other the Quenes dominions as they shall thinke requisite vi.v.iiii.iii or .ii. of the head officers and
to haue any goodes or cattelles to the value of twentie poundes that then he or they to be set on the pyllorye in some market place within the Shire Citie or Borough where the saide offence shal be committed by the Sheriffe or his ministers yf it shall fortune to be without any Citie or Towne corporate And yf it happen to be within any such Citie or Towne corporat then by the said head officer or officers of such citie or towne corporate or by his or theyr ministers and there to haue both his eares nayled and frō thenceforth to be discredited and disabled for euer to be sworne in any of the courtes of Recorde aforesayde vntyll suche tyme as the iudgement shal be reuersed and therevpon to recouer his damages in maner and fourme before mentioned The one moitie of all which sūmes of money goodes cattelles to be forfaited in maner and fourme aforesayde to be to the Quene our soueraigne Lady her heyres successours thother moitie to such person or persons as shal be grieued hyndered or molested by reason of any the offence or offences before mentioned that wyll sue for the same by action of debte byll playnt information or otherwyse in any of the Quenes Maiesties courtes of Recorde in the which no wager of lawe essoigne protection or iniunction to be alowed And be it also enacted by the aucthoritie aforesayde that aswell the Iudge and Iudges of euery such of the said courtes where any suche suite is or shal be and whervpon any such periury is or shal happen to be committed as also the Iustices of Assises and gaole delyuery in theyr seuerall circuites and the Iustices of the peace in euery Countie within this Realme or in Wales at their quarter Sessions both within the liberties and without shall haue full power and aucthoritie by vertue hereof to enquire of all euery the defaultes and offences perpetrated committed or done contrary to this Acte by inquisition presentment byll or information before them exhibited or otherwyse lawfully to heare and determine the same and therevpon to geue iudgement awarde proces and execution of the same accordyng to the course of the lawes of this Realme And be it further enacted by the aucthoritie aforesayde that the Iustices of Assise of euery circuite within this Realme and els where within the Quenes dominions shal in euery countie within theyr circuites two tymes in the yere that is to saye in tyme of theyr syttynges make open proclamation of this estatute or of the effect therof to thintent no person or persons shal be ignoraunt or miscognisaunt of the penalties herein conteyned Prouided also that this Acte nor any thyng therein conteyned shal not extende to any spirituall or ecclesiasticall court or courtes within this Realme of Englande or Wales or the marches of the same But that all and euery such offendour or offendours as shal offende in fourme aforesayde shall and may be punyshed by suche vsuall and ordinary lawes as heretofore hath ben and yet is vsed and frequented in the sayde ecclesiasticall Courtes Any thyng in this present Acte conteyned to the contrary in any wyse notwithstandyng Prouided also and be it further enacted by thaucthoritie aforesayde that if any person or persons vpon whom any proces out of any of the courtes of Recorde within this Realme or Wales shal be serued to testifie or depose concernyng any cause or matter dependyng in any of the same courtes and hauyng tendred vnto hym or them according to his or their countenaunce or callyng suche reasonable summes of money for his or theyr costes charges as hauyng regarde to the distaunce of the places is necessary to be alowed in that behalfe do not appeare accordyng to the tenour of the sayde proces hauing not a lawfull reasonable let or impediment to the contrary that then the partie makyng defaulte to lose and forfait for euery such offence x.li and to yelde such further recompence to the partie grieued as by the discretion of the Iudge of the court out of the which the saide proces shal be awarded accordyng to the losse hynderaunce that the partie which procured the saide proces shall susteyne by reason of the non appearaunce of the saide wytnes or witnesses the said seuerall summes to be recouered by the partie so grieued against the offendour or offendours by action of debte byll plaint or information in any of the Quenes Maiesties courtes of Recorde in whiche no wager of lawe essoigne or protection to be alowed Prouided alwayes y t this Act or any thyng therin conteyned shal not extend in any wyse to restraine the power or aucthoritie geuen by Act of parliament made in the tyme of kyng Henry the .vii. to the Lorde Chauncelour of Englande others of the kinges councell for the time being to examine and punysh ryotes routes heynous periuries and other offences misdemeaninges which Lord Chauncelour other sithens the making of the said act haue most commonly vsed to heare and determine such matters in the Court at Westminster commonly called the Starre chamber nor to restrayne the power or aucthoritie of the Lorde President and councell of the marches of Wales or of the Lorde President and councell in the North nor of any other Iudge hauyng absolute power to punyshe periury before the makyng of this estatute But that they and euery of them shall and may proceade in the punyshment of all offences heretofore punyshable in such wyse as they myght haue done and vsed to do before the makyng of this Act to all purposes so that they set not vppon the offender or offenders lesse punyshement then is conteyned in this Acte This Acte to continue vnto the ende of the next Parliament An Acte to reuiue a Statute made Anno .xxi. H. viii touchyng seruauntes embeaselyng theyr maisters goodes ¶ The .x. Chapter WHERE in the Parliament holden at London the thirde daye of Nouember in the .xxi. yere of the raigne of the late kyng of moste famous and worthye memory kyng Henry the eyght from thence adiourned to Westminster and there holden and continued by diuers prorogations vnto the dissolution therof It was ordeyned enacted amonges other thynges that all and singuler seruauntes to whom any Caskettes Iewels money goodes or cattelles by his or theyr maister or maistres shoulde from thenceforth be delyuered to kepe that yf any suche seruaunt or seruauntes withdrawe him or them from theyr sayde maisters or maistresses go away with the said Caskets Iewels money goodes or cattelles or any parte thereof to the intent to steale the same defraude his or their saide maisters maistresses therof contrary to the trust and confidence to hym or them put by his or theyr sayd maisters maistresses Or els beyng in seruice of his said maisters or maistresses without thassent or cōmaundemēt of his maisters or maistresses embesell the same Caskets Iewels money goodes or cattelles or any part therof or otherwyse conuert
of eyther of the said offenses lawfully conuicted and attainted shall suffer paynes of death as a felon or felons and shall lose the priuilege and benefite of Clergie and sanctuarie Sauinge to the wyfe of suche person her tytle of dower and also to the heyre and successour of suche person his or their tytles of inheritaunce succession and other rightes as though no suche attaindour of the auncestour or predecessour had ben had or made And further be it enacted by the aucthoritie aforesiade that if any person or persons after the saide first daye of Iune nexte commyng shall vse practise or exercise any witchcrafte enchauntement charme or sorcerie whereby any person shal happen to be wasted consumed or lamed in his or her bodie or membre or whereby any goodes or Catels of any person shal be destroyed wasted or empayred then euerye suche offendour or offendours their counsailours and aydours being thereof lawfullye conuicted shall for his or their firste offence or offences suffer imprisonment by the space of one whole yere withoute bayle or mainprise and once in euery quarter of the said yere shall in some market towne vppon the market daye or at suche tyme as any Fayre shal be kepte there stande openly vpon the Pyllorie by the space of .vi. houres and there shall openly confesse his or her errour and offence and for the seconde offence beinge as is aforesaide lawefullye conuicted or attained shall suffer death as a felon and shall lose the priuilege of Clergie and Sanctuary Sauinge to the wyfe of suche person her tytle of dower and also to the heyre and successour of suche person his or their tytles of inheritaunce succession and other rightes as thoughe no suche attaindour of the auncestour or predecessour had ben had or made Prouided alwayes that yf the offendour in any of the cases aforesaide for whiche the paynes or death shall ensue shall happen to be a peere of the Realme then his tryall therin to be had by his peeres as it is vsed in cases of fellonye or treason and not otherwise And further to the intent that all maner of practise vse or exercise of Whitchcrafte Enchauntemente Charme or Sorcerie shoulde be from henceforth vtterlye auoyded abolished and taken awaye Be it enacted by the aucthoritie of his present Parlyament that yf any person or persons shall from and after the sayde first daye of Iune nexte commynge take vpon hym or them by wytchcrafte Enchauntement charme or Sorcerye to tell or declare in what place any treasure of golde or siluer shoulde or might be founde or had in the earth or other secret places or where goodes or thinges loste or stollen shoulde be founde or become or shall vse or practise any Sorcerie Enchauntemente Charme or Witchcrafte to the intent to prouoke any person to vnlawful loue or to hurt or destroye any person in his or her bodye member or goodes That then euery suche person or persons so offendynge and beinge thereof lawfullye conuicted shall for the sayde offence suffer imprisonment by the space of one whole yere without bayle or mainprise and once in euery quarter of the sayde yere shall in some market towne vppon the market daye or at suche tyme as any Fayre shal be kepte there stande openlye vpon the Pyllorie by the space of sixe houres and there shall openly confesse his or her errour and offence And if any person or persons beinge once conuicted of the same offences as is aforesaid do eftsones parpetrate and committe the lyke offence That then euery suche offendour being thereof the seconde tyme conuicted as is aforesaide shall forfaite vnto the Quenes Maiestie her heyres and successours all his goodes and cattelles and suffer imprisonment durynge lyfe ¶ An Acte for the punyshement of the vyce of Buggorye The .xvii. Chapter WHere in the Parlyament begonne at London the third daye of Nouember in the .xxi. yere of the late Kyng of most famous memorie Kyng Henry the eight and after by prorogation holden at Westminster in the .xxv. yere of the reigne of the saide late Kynge there was one Acte and statute made entytuled an Acte for the punyshement of the vice of Buggorye whereby the sayde detestable vice was made felony as in the sayde Estatute more at large it doth and maye appeare Forasmuche as the sayde statute concernynge the punishement of the sayde cryme and offence of Buggorie standeth at this present repealed and voyde by vertue of the statute of repeale made in the first yere of the reigne of the late Quene Mary Sithen whiche repeale so had and made diuers euill disposed persons haue ben the more bolde to commit the sayde moste horrible and detestable vyce of Buggorie aforesaide to the high displeasure of almightie God Be it enacted ordeyned and established by the Quene our soueraigne Lady and by the assent of the Lordes Spirituall and temporall and the Commons in this present Parlyament assembled and by the aucthoritie of the same that the sayd statute before mentioned made in the xxv yere of the sayde late Kynge Henry the eyght for the punishement of the sayde detestable vyce of Buggorye and euery braunche clause article and sentence therein conteyned shall from and after the first daye of Iune nexte commynge be reuiued and from thenceforth shall stande remayne and be in full force strength and effecte for euer in suche maner fourme and condition as the same statute was at the daye of the death of the sayde late Kynge Henry the eyght the sayde statute of repeale made in the sayde firste yere of the sayde late Quene Mary or any wordes generall or speciall therin conteyned or any other Acte or Actes thinge or thinges to the contrary notwithstandyng An Act declaryng thaucthoritie of the Lorde keper of the great Seale of Englande and the Lorde Chauncelour to be one ¶ The .xviii. Chapter WHere some question hath of late rysen whether lyke place aucthoritie preheminence iurisdiction and power doth belong and of ryght ought to belong to the office of the Lorde keper of the greate Seale of Englande for the tyme beyng as of right doth and ought to belong to the office of the Lorde Chauncelour of Englande for the tyme beyng or not For declaration wherof and in aduoydyng such question hereafter Be it enacted and declared by the Quene our Soueraigne Lady the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie of the same that the common lawe of this Realme is and alwayes was and ought to be taken that the keper of the great Seale of Englande for the tyme beyng hath alwayes had vsed and executed and of ryght ought to haue vse and execute and from henceforth may haue perceaue take vse and execute as of ryght belongyng to thoffice of the keper of the great Seale of Englande for the time beyng the same and lyke place aucthoritie preheminence iurisdiction execution of lawes and all other customes commodities and aduauntages as the