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A22836 A collection of the substaunce of certayne necessarye statutes, to be by the iustices of peace diligently executed, within euery sheare of the realme; Laws, etc. England and Wales. 1561 (1561) STC 9339.5; ESTC S3148 17,398 8

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may be conueied ouer and than at the costes of those inhabytauntes yf hym selfe shal not haue wher with to be conueyed ouer to hys countrey Against reteiners and geuers of liueries made in Anno octauo Edwardi quarti Capitulo secundo NOne maye gyue lyuerye or other signe nor retayne anye but onely his manuell seruaunte officer or a man of th one lawe or of thother by anye wrytyng oth or promyse And yf he doth contrarye the geuer shall lose C.s. for euery month that there is any with him so reteyned and the receyuer C. s and he that wyll sue shall haue an accion by byll of information agaynst a●●● my offendours as he wyll in euery of the kynges courtes before Iustices of Peace of assise and gayle delyuery or Countye Palentyne and in Duresme and in Examshire there-vpon processe shal be as in trespas except that in county Palentyne nor in Duresme no exigente shal be awarded and yf anye of the offendours be presente in Courte the iustices may commaunde hym to be brought to aunswere and first the informer shal be exaamined vpon a booke that his complaynte is true and after they examine that defendaunte and iudge him conuicte by their discretion aswel as by trial And the informer shal recouer the one halfe and the king the other halfe if it be not in citie or town that hath lyke forfeyture by the kinges graunt and that no essoigne nor proteccion be allowed And that the sherife or coroner mai retourne no lesse issues at the first daye then x.s and the seconde xxx.s and so at euery daye x.s of increase And if the sherife or coroner to the contrary he shall forfeyte euery tyme xx.s And the mayer gouerners of cities and townes that haue power to here and determine plees personnels haue power to examine and to determine it as is beforesayde aswell by examination as by triall And vpon that the kinge shal haue th one halfe the Mayors or gouernours the other halfe to be imployed to the vse of the citye or towne Item the kynges and the Quenes maiesties pleasures are that all other statutes consernyng reteiners and geuyng lyueryes now remaynyng in force shal be put in execution The statute of Winton for robbeties hewe and crye and for watches to be kepte AFter a robbery or felony done freshe suit shal be made from towne to towne c. and yf nede be inquestes shal be made in townes hundredes fraunchyses and counties so that the felones maye be attaynt and suffre execution and yf they be not taken then the people wher such robbery was done as in hundred and fraunches shal aunswere therefore And yf it be done betwene two Shyres c. Within xl dayes yf the misdoers be not taken Also in greate townes the gates shal be closed from the sonne risyng to the sonne settynge and no man herborowe none in the suburbes but such as he wil aunswere for and the Baylyffes of Townes shal enquyre of such euery weke Also watch shal be made and kept from Assention tide tyll Myghelmas in euery citie by sixe men at euery gate and in euery borowe by twelue men in euery hole towne by sixe men or foure after the numbre of thinhabitauntes contynually al the nyght from the sonne set to the sonne rysynge And yf any straunger come by them he shal be arrested vntyl mornynge and yf he be suspicious he shal be brought to the Sheryffe to be kept vntyll he be delyuered by due ordre and euery towne adioyninge shal be ayding to other Also the hye wayes of market townes shal be enlarged where there is any woddes hedges dyches or bushes nygh the hye waye CC. fote one th one side and CC. fote on the othersyde but this statute extendeth not to okes nor great fustes so that they be clere vnder and yf the Lorde wyll not do thus yf any robveries or murder be done he shal aunswere therfore and make fine at the kynges wyll Also in the hye wayes in the kynges wodde or parke nygh the hygh wayes it shal be done after the same maner or ells that the Lorde shal make such wall diche or hedge that the euyll doers can not escape and no fayre nor market be holden in no Churcheyarde Against reportes of slaunderous tales and newes VV. 1. cap. 34. YF any person shal publishe or forge false newes wherof discord or slaunder may aryse betwene the kinge and his people or the nobles of his Realme the same shal be unprisoned vntil he shal bringe forth in court the Author of such newes Anno. 2. R. 2. cap. 5. THe forgers and counterfeictors of false newes and horrible false messynges of Prelates Dukes Earles Barons and other nobles great personages of the Realme or of the Chauncellor Treasourer Clerke of the preuye Seale Steward of the Kinges Howse Iustices of th one bench or thother or of any other great officers of the Realme of thinges which by the same Prelates Dukes c. were neuer spoken or thought of to their great slaunder wherof debates and discord may arise berwene the sayd Lordes and Commons shal suffre the punishment mentioned in the saide Acte of W. 1. vntil they haue brought forth in court thauctor of the said false newes and messinges Anno. 12. R. 2. cap. 11. ANd yf the said forgers and counterfeictors cannot bring forth the Aucthor of the said false newes then they shal be punished by thaduise of the kinges Counsell Anno 1. et 2. Phi. Mar. cap. 3. THe Iustices of peace within the limittes of their Commission may heare and determine all offences committed and done against the forme of the said seueral statutes And further yf any person or persons maliciously of his or their own imagination speake any sedicious or slaunderous newes Rumors sayinges tayles of oure Soueraigne Ladye the Quenes Maiestie euery person so offending for the first offence shal in the market place nere wher the wordes were spoken be set openly vpon the pillory and shal haue both his eares cut of onelesse he pay C. l. to the quenes hyghnes vse within a moneth next after iudgement giuen agaynst hym and also be imprisoned by the space of three monethes next after his or their execution If any such sedicious or slaunderous newes be spoken by any person of the reporte or saying of anye other then the same person to be set openly vpon the pillory as is aforesaid and to haue one of his eares cutte of onles he pay on hundreth markes within the time to thuse aforesaid and also susteyne a moneth imprisonment next after his execution And yf any person maliciously deuise write print or setforth any Boke Ryme Ballade Lettre or writing conteining false matter clause or sentence of slaunder reproch and dishonor of the Queenes highnes or the encouraging sterring or mouing of any insurrection or rebellion or shal procure anye of the said offences to be done yf the same be not punishable by the statute of xxv E. 3. cap. 2. touching treasons c. the sayd person shall after conuiction for his first offence in som market place haue his righte hande cutte of Item yf any person once conuicte of any of the sayd offences punishable by losse of eare eares or hād do after wardes offend in any of the said offences then he shal suffre imprisonment during his lyfe and forfeyte to the quenes highnes vse al his goodes and cattels The sayd offences are inquirable and determinable before Iustices of Oyer determiner Iustices of assise or gayle delyuery or Iustices of peace If any Iustice of peace vpon vehement suspicion may commit any person suspected to pryson ther to remayne wythout bayle or maynepryse The offenders agaynste this acte must be accused and conuict within thre monethes next after th offence commytted God saue the Quene Imprynted at London in Powles Churchyarde by Richard Iugge and Iohn Cawood Prynters to the Quenes Maiestie Cum Priuiligio Regiae Maiestatis
house shall conteyne what game shal be there vsed and who shal play thereat or ells to be voyde and the partie opteinyng such placard to be bound in the Chauncetye to vse the placarde not otherwyse Iustices of peace and hed officers to resort to suspected places and to impryson the kepers and players vntyll they haue found suertie to leaue it The hed officers to make searche monthly in suspecte places vpon forfeyture of fortye shyllynges No artificer husbandman apprentyse nor seruaunt shall playe at tables tenys dyse cardes bowles or other vnlawefull game out of Chrystmas vpon forfeiture of twenty shyllynges And in Chrystmas in theyr mayster houses or presence None shall bowle in open place withoute his garden or Orcharde vpon forfeyture of vi s.viii d. Iustices of peace and head officers shall commit to awarde such as shall vse vnlawefull games tyll they be bounde to the contrarye All sutes vppon the Statute to be comensyd within the yeare The Lorde of the lete to haue th one Moyte and he that wyll sue to haue the other and oute of fraunchyses the kynge to haue the one moyte Proclamation to be made by the Iustices and hed officers foure times in the yeare in euerye markette and sessyons Against Rebellion Anno. 1. Ma. cap. 12. IF .xii. or aboue assembled together intende or practise with force and of theyr owne aucthoritie to chaunge any lawes made for religion by parliament or any statutes or to ouerthrowe cut breake or digge vp the pales hedges dyches or other enclosiers of any parke or ground enclosed or the bankes of any fyshe pond or pole or any conduyt conduyt heades or pypes hauing course of water to the entente that the same shoulde remayne not enclosed or voyde or vnlawfully to haue comon or way in the sayde parke or grounde or to destroy the dere in any parke or any warren of connyes or any douehouses or anye fyshe in anye ponde or pole or to pull or cutte downe anye houses barnes milles or bayes or to burne anye stacke of corne or to abate the rent of any landes or the pryce of any victual they being commaunded by the sheriffe or any Iustice of peace Maior or Bailiffe of any towne corporate where suche assemble shal be by proclamation in the Quenes name to retire to their houses and shal remayne together by an houre after the proclamacion or after shal inforcible maner attempte any thinge abouesayde this is felonye It is felony in any person that wythout aucthorytye by ringinge any bell soundynge anye trompet drumme horne or other instrument fyryng any beacon malictous speakyng any wordes makyng anye outcrye settynge vp or castinge any wrytynge or by any act shal repse or cause to be reysed twelue personnes or aboue to thyntente that the same persons should do any thinge aboue mentioned which persons so reysed after commaundement as is aforesayd do continue together or vnlawefully do any thing abouesayde It is felonye in any wife or seruaunte or any other that without compultion shal sende deliuer or conueye any money harnes artyllery weapon or vyctual to any so assembled which do not depart to theyr houses after commaundement as is aforesayde If aboue .ii. and vnder xii assembled together entende or practise with force of theyr owne aucthoritie to kyl any subiecte or to ouerthrow cut break or digge vp the pales hedges diches or other closure of any parke or grounde enclosed or the bancke of any fyshe pond or pole to th entent that the same shuld rem ayne open or voyde or to haue common or waye there or to destroy any parke fyshe pond or pole or any warren of connies or any donehouse or to pull or cut downe anye house barne mill or to burne any stackes of corne or altar or abate the rentes of any landes of any subiecte or the pryce of any vyctuall or anye other thinge vsuall for the sustenaunce or apparell of men and being commaunded as aforesayde to retyre to theyr houses and shal not so do but after shall in forcible maner attempte or put in vre anye of the thynges last mentioned they shall suffre imprisonment by a yeare If any shal be damnifyed by the doyng or putting in vre of anye thing aboue mencioned he shal recouer agaynst the offendors damages with the costes of the sute trebled If aboue two vnlawefullye assemble to thintent with force to do or put in vre anye of the thynges abouesayd it shal be lawefull to euery iustice of peace Sheryffe Maire baylyfe or heade officer of anye towne corporate or any other hauyng the Quenes commission or letters aswell to rayse the subicetes in maner of warre in such numbre as he shall thinke mete to thintent by strengeth to supprese and take the persons so assembled and that yf those persons so assembled after such commaundement by proclamation shall continue together and not endeuor them selfes to retourne towardes their habitations in such shorte time as they may conueniently then it shal be laweful to them Hauing aucthoritie as is aforesayde to suppresse and take them so vnlawefullye assembled and that yf any of them shal fortune to be kylled or hurte aboute the suppressing or taking of them euerye personne hauing aucthoritie as is aforesayd shal be vnpunyshable of such kyllyng or hurtyng Euery copyholder and fermer beyng yoman artificer husbandman or labourer of xviii yeares olde or vnder ix not impotent nor hauynge resonable excuse being requyred by them hauyng aucthoritie as is aforesayde they declaring their aucthoritie or being required by the Lord imediate of their copiholde or by the landelorde of the ferme to serue the Quene for any cause abouesayd and refuse so to do shal during his life lose to his lord al their copyholdes and to his landlord his ferme and they to entre into the same and to retayne the same during the life of the offendor If any which shal be moued to make commotion or vnlawful assembly for any of the ententes abouesayd do not within xxiiii houres oneles he haue resonable excuse declare the same to a iustice of peace or sherife Maior Bayliffe or other heade officer of towne corporate where such mocion is he shal be imprisoned by three monethes onles he be discharged by three Iustices of peace of that Shyre whereof one to be of the Quoum ¶ If anye aboue xviii yeares olde and vnder ix able to serue which shal be required by any Iustice of peace or the Sherife there or by the Maior Bailiffe or other hed officer of any Towne Corporate or by anye of their commaundementes to go with him to suppres the persons vnlawefully assembled do willinglye and obstinately refuse so to do he shal be imprisoned by a yeare If the Quene by letters patentes make anye liuetenaunt in anye Shire for the Suppression of any commotion than the iustices of peace Sheriffes hed officers and al subicetes there except they haue resonable excuse shal vpon declaration of the letters patentes request
nexte place where they shal thincke conueniente and there to be tyed to th ende of a carte naked and to be beaten with whyppes through out that place tyl his body be bloudy and thē he by them to be enioyned by his othe to retourne forthewith the nexte waye to the place where he was borne or where he last dwelt by three yeres and ther to put him selfe to laboure and he to haue a letter sealed with the seale of the place wherein he shal be punished witnessing that he hathe ben punished according to this estatute and conteyninge the daye and place of his punishmente and the place whervnto he is lymitted to goo and by what tyme he is limytted to come thyther wythin whych tyme he maye lawefully begge by the waye And yf he doo not accomplyshe that letter then to be efte soones whypped and so often as any default shal be in hym in euery place to be whypped til he be repayred where he was borne or wher he last dwelt by three yeres and there to labor for his liuinge And yf anye so whypped be an ydle person and no common begger then after suche whyppinge he shal be kepte in stockes til he haue found suertye to go to seruice or laboure or els to be sworne to repayre where he was borne or wher he last dwelt by thre yeares and to haue lyke letter and punishment yf he eftsones offende as is aboue appointed for the comon strong begger and so frō time to time tyl he gette hys lyuing Iustices of peace shall haue power to enquyre of all Maiors and other officers persons that shal be necligent in executing this acte If the Constables and inhabitauntes wher anye suche im potente persons or strong beggers do begge be necligent and do not punishe him as is aboue limitted the to wneshyppe for euery such impotent begger shall forfayt iii.s.iiii d. and for euerye stronge begger sixe shyllynges eyght pence the moyte c. All Iustices of peace shall haue power to determine euery such defaulte and to make processe by dystres against the inhabitauntes ther by which distresse the Shyriffe shal deteyne the good of such one or two of the said inhabitauntes as he maye haue knowledge were most necligent in the execution of this act the said distres retayne tyl he fynd suertie to appeare at the sessions limitted in the sayde distres yf he appeare confesse the default or transgresse the presentment and it be tried agayust hym or denye the information it is proued agaynst hym then the Iustices of peace in their Sessions shal assesse their fine if it grow by presentmēt the leuiyng of the same by distres of the inhabitauntes of the towne the fines and to make proces for to the kyng and if it growe by information then the moyte to him that sueth c. If any person distreyned appeare not then vppon the returne he shal lose at the fyrste iii.s.iiii d. and at the second vi.s.viii d. and so to be doubled for euery distres Scolers of vniuersities that go a begging not being auctorised vnder the seale of the vniuersitie and al shypmen pretending losses on the sea going a begging without aucthoritie shal be punished like strōg beggers And all procters and pardoners going without auctoritie and al other ydle persons some vsing vnlaweful games and some fayning to haue knowledge in phisicke phisnomy palmistry or other crafty sciences yf he before two Iustices of the peace wherof one to be of the Quorum be found gyltye shal be whipped two dayes together after the maner before rehersed for the second offence to be scourged two dayes and the third day to be put on the pyllory from nine of clocke vnto eleuen and to haue one of hys eares cutte of and for the third tyme to haue lyke punyshment to haue his other eare cut of The Iustices of peace haue like aucthoritie within theyr fraunchyses Thys act shal be yerely reade in the open sessions If any geue herborow or money to any begger hable to worke he shall make fyne to the kynge by the discretion of the Iustices of peace at theyr general sessions If any let th execution of this acte or make rescues he shal forfeit C.s. and haue imprisonmente at the kynges wyl th one moyte c. This acte shal not be preiudiciall to the barons and inhabytauntes of the fyue portes And the Maior Baylyffe electes and Iurates in any towne within the fyue portes haue lyke aucthoritie as the Iustices of peace haue in any sheyre And the inhabitauntes within the sayd fyue portes shal be bound to th execution of this acte vpon like payne before remembred and if any that shal inhabite within the fiue portes beg without the fiue portes he to be punished according to this act euery letter to be made wherby any impotēt shal be aucthorised to beg shal be made in this forme Kent S. Memorandum that A.B. of D. for reasonable considerations is licensed to beg within the hundred of P.K. and L. in the sayd countie geuen vnder the seale of that limit tali die anno And euery letter deliuered to suche begger or vagabounde after he hath bene whypped shal be made in thys wyse Kent S. I. S. whipped for a vagabound stronge begger at Dale in the sayd county according to the lawe the xii day of Iuly in the xxiii yeare of kyng Henrye the eyght was assigned to passe forthwith and directly from thence to Gale in the county of Med. wher he sayth he was borne or where he last dwelled by the space of three yeares and he is lymytted to be there within fourtene dayes next ensuing at hys peryl In witnes wherof the seale of the limitte of the saide place of hys punishment herevnto is set And euery such letter aboue reharsed shal be made at the equal costes of all suche Iustices Mayors and other officers aboue rehearsed and shal be subscribed wyth one of their handes after thys forme Per me A.B. vnum Iustitiariorum pacis or Maiorem ciuitatis or Ballium uillae or Constabularium talis hundreth or els in lyke forme in Englishe And they that haue the custodye of anye galoes shall make a seale graunted with the name of the pryson or gaole and they that be deliuered oute of pryson for suspicions of felonye and haue not wherewith to pay their fees shal haue libertye to beg for their fees by vi wekes and then compelled to go where he was borne or where he laste dwelled by three yeares and euery one so deliuered shal haue a letter to him deliuered by the clerke of the peace or by the towne clerke where he is deliuered wytnessinge the tyme and space of his deliueraunce and afore whome and the tyme appoynted hym to begge for hys fees and the place whether he is assigned to go and to euery such letter the gaoler shal put to the seale before rehersed and euery such letter shal be