ANNO QVINTO REGINAE ELIZABETHE At the Parliament holden at Westmynster 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 fayth c. To the hygh pleasure of Almyghtye God and the weale publique of this Realme were enacted as foloweth ANNO. 1563. The Table AN Act for thassuraunce of the Quenes Maiesties royal power ouer all states and subiectes within her hyghnes dominions Cap. i. An Acte for the mayntenaunce encrease of Tyllage Cap. ii An Acte for the reliefe of the poore Cap. iii. An Act touchyng diuers orders for Artificers Labourers Seruauntes of husbandry and apprentises Cap. iiii An acte touchyng certayne politique constitutions made for the mayntenaunce of the Nauye Cap. v. An acte agaynste suche as shall sell any ware for Apparell without redye money Cap. vi An acte for the auoydyng of diuers forreyne wares made by handy craftes men beyonde the seas Cap. vii An acte touchyng Tanners Curryours Shoemakers and other Artificers occupying the cuttyng of Leather Cap. viii An acte for the punyshment of such persons as shal procure or commit any wylfull periury Cap. ix An acte to reuyue a Statute made Anno .xxi. H. viii touchyng seruauntes embeaselyng theyr masters goodes Cap. x. An act against the clipping washing rounding or fylyng of the coynes Ca. xi An act touchyng badgers of corne drouers of cattell to be licensed Cap. xii An act for the reuyuyng of a Statute made An. ii .iii. Phil. Marie for the amendyng of hygh wayes Cap. xiii An act agaynst the forgyng of Euidences and wrytynges Cap. xiiii An act agaynst fonde and phantasticall prophesies Cap. xv An act agaynst coniurations enchauntmentes witchcraftes Cap. xvi An act for the punyshment of the vyce of Bogorye Cap. xvii An act declaryng thauctoritie of the Lord keper of the great Seale of England and the Lorde Chauncelour to be one Cap. xviii An acte for the repeale of a braunche of a Statute made An. i. Ed. vi touching the conueying of Horses Geldynges out of the Realme Cap. xix An act for the punyshment of vagaboundes callyng them selues Egiptians Cap. xx An acte for the punyshement of vnlawefull takyng of Fyshe Deare or Hawkes Cap. xxi An act agaynst the carrying of Shepe skinnes and Peltes ouer the Sea not beyng Staple ware Cap. xxii An act for the due execution of the wrytt de excōmunicato capiendo Cap. xxiii An act for the reuyuyng of a Statute made An. xxiii H. viii touchyng the repayryng of Gaoles Cap. xxiiii An act to fyll vp Iuries de circumstantibus lackyng in Wales Cap. xxv An act for the enrollment of Indentures of bargayne and sale in the Quenes Maiesties courtes of Recorde at Lancaster Chester Durham Cap. xxvi An act touchyng fines to be leuied in the coūtie palatine of Durham Cap. xxvii An act for the translating of the Byble and the diuine seruice into the Welshe tongue Cap. xxviii An act for the confirmation of a Subsedy graunted by the Clergy Cap. xxix An act of a Subsedye and two Fystenes and Tenthes graunted by the Temporaltie Cap. xxx An act of the Quenes Maiesties moste gracious generall and free pardon Cap. xxxi ¶ An Acte for thassuraunce of the Quenes Maiesties royall power ouer all states and subiectes within her highnesse dominions FOr preseruation of the Queenes most excellent hyghnes her heyres and successours and the dignitie of the imperial crowne of this Realme of England and for auoydyng both of such hurtes perils dishonors and inconueniences as haue before time befallen aswell to the Quenes Maiesties noble progenitours Kynges of this Realme as for the whole estate thereof by meanes of the iurisdiction and power of the See of Rome vniustly claymed and vsurped within this Realme and the dominions therof and also of the daungers by the fawters of the sayde vsurped power at this tyme growen to maruelous outrage and licentious boldnes and now requyryng more sharpe restraynt and correction of lawes then hytherto in the tyme of the Quenes Maiesties moste mylde and mercifull reigne haue ben had vsed or establyshed Be it therefore enacted ordeyned and establyshed by the Quene our soueraigne Lady and the Lordes spirituall and temporall and the commons in this present Parliament assembled and by aucthoritie of the same that if any person or persons dwellyng inhabityng or resiant within this Realme or within any other the Quenes dominions seignories or coūtreys or the Marches of the same or els where within or vnder her obeysaunce and power of what estate dignitie preeminence order degree or condition soeuer he or they be after the first day of Apryll which shal be in the yere of our Lorde God M.D.lxiii shall by wryryng ciphering printing preaching or teachyng dede or acte aduisedly wittyngly holde or stande with to extoll set forth maintayne or defende the aucthoritie iurisdiction or power of the Byshoppe of Rome or of his See heretofore claymed vsed or vsurped within this Realme or in any dominion or countrey beyng of within or vnder the Quenes power or obeysaunce or by any speache open dede or acte aduisedly and wyttyngly attribute any such maner of iurisdictiō aucthoritie or preeminence to the said See of Rome or to any Bishop of the same See for the tyme beyng within this Realme or in any the Quenes dominions or countreys that then euery such persō or persons so doing or offendyng their abettours procurers and counsellours and also theyr aydours assistentes and comfortours vpon purpose to thintent to set forth further and extoll the sayde vsurped power aucthoritie or iurisdiction of any of the saide Bishop or Bishops of Rome and euery of them being therof lawfully indited or presented within one yere next after any suche offences by hym or them committed and beyng lawfully conuicted or attaynted at any tyme after accordyng to the lawes of this Realme for euery such default and offence shall incurre into the daungers penalties paynes and forfaitures ordeyned and prouided by the Statute of prouision and premunire made in the xvi yere of the reigne of kyng Richard the seconde And it is also enacted by thaucthoritie aforesayde that aswell Iustices of Assise in theyr circuites as Iustices of peace within the limittes of their Cōmission aucthorities or two of euery such Iustices of peace at the least wherof one to be of the Quorū shal haue full power aucthoritie by vertue of this Acte in theyr quarter or open sessions to enquire of all offences contemptes transgressions perpetrated cōmitted or done contrary to the true meanyng of the premisses in like maner and fourme as they may of other offences agaynst the Quenes peace and shall certifie euery presentment afore them or any of them had or made concernyng the same or any part therof before the Quene her heyres and successours in her or theyr court commonly called the kynges Bench within xl dayes next after
feaste of saint Michael the Archangell next comming it shal be lawfull to all and euery person and persons beinge subiectes of the Quenes Maiestie her heires or successours only out of such portes or crekes as by the Quenes Maiesties proclamation hereafter shal be published and appointed and not els where to lode carrie or transporte any Wheate Rye Barley Malte Pease or Beanes into any partes beyonde the Seas to sell as a marchaundise in shippes Crayers or other vessels whereof any Englishe borne subiect then shal be the only owners so that the price of the sayde Cornes or graynes so caryed or transported exceade not the prices hereafter followinge at the tymes hauens and places where and when the same Corne or grayne shal be shipped or laden Vide. the quarter of Wheate at x.s the quarter of Rye Pease or Beanes at viii.s the quarter of Barley or malte at vi.s.viii d. of curraunte money of England Any lawe vsage or estatute heretofore made to the contrary hereof in any wise notwithstandyng And where doubte hath heretofore ben whether the statute in the xviii yere of the reigne of Kyng Henry the .vi. heretofore made against Souldiours reteyned which departe from their Captaines without lycense did or ought to extended vnto Mariners gonners seruing on the Seas takynge wages of the kinge or Quene of this Realme Be it expressed ordeined enacted and declared by aucthoritie of this present Parlyament that the said estatute made in the saide .xxiii. yere of the reigne of Kynge Henry the .vi. in all paynes forfeytures and other thinges did doth and hereafter shall extende aswell to all and euery Mariner and gonner hauinge taken or shall hereafter take prest or wages to serue the Quenes Maiestie her heires or successours to all intentes and purposes as the same did or doth vnto any souldyer Any diuersities of opinion doubte matter or thing to the contrary hereof in any wyse notwithstandyng And where an estatute concernynge sowyng of Flaxe and Hempe was made and prouided in the Parlyament holden the .xxiiii. yere of the reigne of our late soueraigne Lorde Kynge Henry the eyght to be vniuersall through euery Countie of this Realme for the better prouision of nettes for helpe and furtheraunce of fishinge and for eschewinge of Idelnes Be it ordeined enacted by aucthoritie of this present Parliament that in euery suche Countie of this Realme or parte of such Countie where by the Quenes Maiesties proclamation it shall hereafter be published the saide estatute to be commodious or profitable for the common wealth The said estatute and euery clause article and prouision therein conteyned be and shal be reuyued and stande in full force and strength to be executed and perfourmed from the feaste of saint Michaell the Archangell nexte comminge in all thinges other then in the proportion of a Roade or fourth parte of an acre in the paine of iii.s.iiii.d by the said estatute limitted In place whereof be it ordeyned and enacted by the aucthoritie aforesaid that in euery case and degree where by the saide former estatute one Roade or fourth parte of an Acre is lymitted to be sowne with lynseade otherwise flaxe seade or hempe seade from the saide feaste of Saint Michaell the Archangel nexte comming In steade and lewe of the saide Roade or iiii parte of an Acre one whole Acre or lesse as by proclamation in fourme aforesaide shal be limitted shal be sowen with lynseade otherwise flaxe seade or Hempe seade vpon payne of forfeyture of fyue poundes for euery suche defaulte or offence And further be it ordeyned and enacted by the aucthoritie aforesaide that all and euery suche of the offences before mentioned as hereafter shal be done on the mayne Sea or costes of the Sea beinge no parte of the bodye of any Countie of this Realme without the precincte iurisdiction and liberties of the Sinque portes and out of any hauen or peere shal be tryed and determined before the Lorde Admirall of England or his Lieuetenaunt deputie or deputies other Iustices of Oyer and terminer according to the fourme of the saide estatute of Anno .xxviii. Henrici .viii. for causes of pyracie And if the same shal be done on the mayne Sea or costes of the Sea within the iurisdiction or libertie of the Synque ports out of any hauen or porte then the same to be tried and determined before the sayde Lord warden of then sayd Syncque portes or his Lieuetenaunt or Iudge or before Iustices of Oyer and terminer according to the true fourme of the sayde estatute of Anno .xxxviii. Henry .viii. for causes of pyracie And for all and singuler suche other of the offences before mentioned as shal be done in the lande or within any hauen or peere all Iustices of the peace in their Sessions and Maiors Sheriffes and Bailifes and other head officers in Cities and townes corporate in their Sessions or other Courtes within the limittes of their commissions or aucthorities shal haue full power and aucthoritie to inquire of the offenders of this acte aswel by the othes of .xii. men as otherwise by information and therevpon to heare and determine the same And if any person or persons shal be presented before the saide Iudges Iustices or officers within the lymittes of their auctorities or anye information gyuen to them of any offender of this acte that then they shal haue ful power and aucthoritie vpon any suche presentment or Information to make proces againste the offenders of this acte lyke as is commonly vsed vpon enditementes of Trespasse And yf any be presented and afterwarde be conuicted by confession or otherwise that then euery suche person shall suffer no lesse forfeiture or punishement then herein is before lymitted All whiche forfeytures to be leuied in maner and fourme following That is to saye suche forfeytures concernyng eatyng of fleshe as are before lymitted to certeine vses to be to the same vses in that behalfe before expressed and all such forfeytures as accordinge to the tenour of this acte shal be determinable before the saide Iudges Iustices or other officers of the Admiralties aforesaide or before Commissioners of Oyer and terminer in that behalfe shal be to the vse of the Lord Admirall of England or Lord warden of the Syncque ports where such offence shal be presented or where as the Iurisdiction of the cause shal apperteyne And all such forfeitures as accordyng to the tenour of this acte shal be determinable before Maiors Sheriffes Bayliffes or other head officers of Cities or townes corporate shal be to the common vse of the Corporation of the saide Citie or towne corporate where suche offences shal be presented or wheras the Iurisdiction of the cause shall apperteyne And all suche forfeytours as accordynge to the tenour of this acte shal be determinable before the Iustices of the peace shal be to the vse of the Quenes Maiestie her heires and successours And if any person shal be conuict by confession or otherwise vpō any
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
persons shal be thervnto licenced and shall haue speciall and expresse wordes conteyned in such licence or licences that he or they may so do vpon payne to forfait for euery such tyme that any such person or persons shall do to the contrary v.li The moitie of all whiche forfaitures afore rehearsed shal be to the Quene our soueraigne Lady her heyres and successours and the other moitie to hym or them that wyll sue for the same in any of the Quenes courtes of Record by byll plaint action of debt or information in the which byll playnt action or information no wager of lawe essoigne or protection shal be admitted Be it also enacted by the aucthoritie aforesayd that the Iustices of the peace in euery countie within this Realme or Wales at the quarter sessions shall haue full power and aucthoritie by vertue of this Acte to enquire heare and determine all and euery the defaultes and offences perpetrated committed or done contrary to this Acte within the Countie where any suche sessions shal be kept by inquisition presentment byll or information before them exhibited and by examination of two lawfull witnesses or by any of the same wayes or meanes by the discression of the said Iustices and to make proces thervpon as though they were indicted before them by inquision or by verdict of .xii. men or mo And vpon the conuictiō of the offender by information or sute of any other then the Quene to make extractes of the moitie of the forfaitures to be leuyed to the Quenes vse as they vse to do of other fines and amerciamentes growen in the sessions of peace to awarde execution of the other moitie for the complaynant or informer againste the offender by Fieri facias or Capias as the Quenes Iustices at Westminster maye do and vse to do And yf any suche conuiction or attaynder shall hereafter happen to be at the Quenes suite only that then the whole forfaitures to be extracted and leuyed to the Quenes vse onlye Prouided alwayes that this Acte or any thyng therin conteyned shall not in any wyse extende to the preiudice of the libertie of anye Citie or Towne corporate but that they and euery of them shall and may lawefully assigne and licence Purueyours for the prouision of the same Citie or Towne corporate in suche maner and fourme as they myght lawefully haue done before the makyng of this Acte Prouided further that this Acte nor any thyng therein conteyned shal be in any wyse hurtfull or preiudiciall vnto any the inhabitauntes within the Counties of Westmerlande Cumberlande Lancaster Chester and Yorke or any of them but that they maye do as heretofore they haue lawfully vsed to do Any thyng in this present Acte to the contrary notwithstandyng An Acte for the reuiuing of a Statute made Anno. ii .iii. Phil. Marie for the amending of hygh wayes ¶ The .xiii. Chapter WHERE in the Parliament holden at Westminster in the second third yeres of the raignes of the late Princes Kyng Philip Quene Mary Amongest other good Actes then had and made one necessary Statute was prouided establyshed for the amendment and reparation of the hygh wayes within this Realme whiche Acte was made to endure and continue for seuen yeres and after the expiration of the sayde seuen yeres tyll the ende of the Parliament then next ensuyng as by the same statute more playnely appeareth Whiche seuen yeres forasmuch as they be nowe expired and ended and the sayde Acte is very beneficiall and moste necessary to be continued for the ease and common weale of the people of this lande Be it therefore enacted by the Quenes excellent Maiestie the Lordes spirituall and temporall and the commons in this Parliament assembled by the aucthoritie therof that the sayde Acte made in the sayde second and third yeres of the raigne of Kyng Philip Quene Mary touchyng and concernyng the reparation and amendement of the hygh wayes and euery article and braunche of the same shall from henceforth be stande and continue in full force effect and strength for and duryng the terme of .xx. yeres next folowyng from and after the begynnyng of this present Parliament and after thexpiration of the sayde .xx. yeres to th ende of the Parliament then nexte after the ende of the sayde .xx. yeres to be holden and kept And forasmuch as the sayde Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary in diuers partes of this Realme serueth not to so good purpose and effect as it may be made for that such substaunce and matter as is most fytt and conuenient for the reparations of the sayde wayes cannot be lawfullye hadde fetched and taken out of the seuerall groundes and soyle therevnto nygh or adioynyng beyng no great losse or detriment to the owners of the same seuerall groundes soyle whereby the amendement of the sayde wayes is lyttle encreased or els of very small and slender continuaunce to the great and continuall charge and trouble of the poore people inhabytynge thereaboutes For reformation wherof and that the reparations of the sayde hygh wayes may hereafter in good due maner well and sufficientlye be made Be it further by the aucthoritie of this present Parliament enacted that from henceforth it shall and may be lawfull to all and euery Superuisour and Superuisours and orderers of the workes for the tyme beyng for the amendement of the sayde hyghe wayes therevnto elected and appoynted accordyng to the Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary for the better reparation and amendement of the wayes within theyr seuerall paryshes and limittes where they shal be so made Superuisours if it shal be so to them thought necessary to take and carry away of the rubbyshe or smallest broken stones of any quarry or quarryes lying and beyng within the paryshe where they shal be Superuisours without licence controlment or impechement of the owner or owners so muche as by theyr discressions shal be demed and adiudged necessarye for the amendement of the saide wayes And that for default of any quarrye or quarryes not beyng within theyr sayde paryshe or limittes or in defaulte of rubbyshe not to be founde in any suche quarry or quarryes it shall and may be lawfull to euery such Superuisour or superuisours for the vse aforesayde in the seuerall groundes of any person or persons beyng within the paryshe and limittes where they shal be Superuisours and nyghe adioynyng to the waye or wayes wherin such reparations shal be thought necessary to be made and wherein grauell sande or sinder is lykely to be founde to dygge or cause to be dygged for Grauell Sande or Sinder and lykewyse to gather stones lying vppon anye landes or groundes within the paryshe and meete to be vsed to suche seruyce and purpose and thereof to take and carrye awaye so much as by discression of the sayde Superuisours shal be thought necessarye to be imployed in
any wyse notwithstandyng An Act for the punyshment of vnlawfull takyng of Fyshe Deare or Haukes ¶ The .xxi. Chapter WHERE aswell the Quenes Maiestie and her moste noble progenitours as also the noble men gentlemen and diuers other persons of great dominions Lordeshyppes manours possessions within this Realme haue of auncient long time had and many of them nowe of late to theyr great costes and charges for the necessarye better prouision maintenaūce of theyr housholdes haue erected and made in and vpon theyr seuerall demeanes groundes possessions aswell pooles stanges stewes motes pyttes or pondes for the only encrease of Fishe and haue stored the same with Pikerell Breame Tenche Carpe and diuers other good kyndes of fishe for the necessary encrease of vittayles and for the better maintenaūce and prouision of their houses as is aforesayde and also haue emparked enuironed enclosed many parcels of their said demeanes soyles groundes and possessions for the breedyng cherishyng and encrease aswell of redde as fallowe Deare within theyr seuerall parkes and inclosures for the causes afore declared and also haue breeding within their woods groundes diuers Eyries of hawkes of sundry kyndes to theyr great pleasure and commoditie Yet neuerthelesse the saide seuerall waters groundes parkes and enclosures so beyng had erected and made and also beyng so stored and replenyshed haue ben from time to time by euyll disposed persons of a very euyll wylfull and insolent disposition of mallyce and displeasure not only by night time broken and entred into but also the heddes or dammes of the said pondes pooles stanges motes stewes or seuerall waters haue ben maliciously wylfully and vnlawfully cut out and the pales fences and inclosures of the saide parkes and groundes broken cast downe set open and the Fishe Deare and Hawkes within the same taken destroyed caryed away and stollen not only to the great losse and damage of the owners therof and to the small encouragement of other good subiects myndyng the carefull prouision of suche necessary victualles but also to the manifest emboldenyng of many lyke wylfull malefactours and malicious offendours wherby many ryots manslaughters mischiefes and other inconueniences haue ben dayly perpetrated and lyke to be committed and done yf circumspect remedye be not herevnto prouided Be it therfore enacted by the Quenes Maiestie the Lordes spirituall and temporall and the cōmons of this present Parliament assembled and by the aucthoritie of the same that yf any person or persons after the feast of Pentecost next cōmyng shall at any tyme by day or by nyght vnlawfully without aucthoritie breake cutte downe cut out or destroy any hedde or heddes damme or dammes of any pondes pooles motes stanges stewes or seuerall pyttes wherin fyshe are or shall happen to be put in or stored withall by the owners or possessioners therof or do or shall wrongfully fyshe in any the sayde seuerall pondes pooles motes stanges stewes or pyttes to thintent to destroye kyll take or steale away any of the same fyshe agaynst the wyll mynde or pleasure of the owners or possessioners of the same not hauyng any lawefull tytle or aucthoritie so to do and therof be lawefully conuicted at the suite of our soueraigne Lady the Quene her heyres or successours or the partie grieued shall suffer imprisonment of his or theyr bodyes by the space of three monethes and shall yelde and paye to the partie grieued his treble damages and after the saide three monethes expired shall fynde sufficient suerties for his or theyr good abearing agaynst the Quene our soueraigne Lady her heyres successours and al her liege people for the space of seuen yeres after or els shal remayne and continue styll in pryson without bayle or mainprise vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the sayde tyme and space of seuen yeres as is aforesayde AND be it also enacted by aucthoritie of this present Parliament that yf any person or persons after the sayde feast of Pentecost next commyng at any tyme by nyght or by day in maner aforesaid wrongfully or vnlawfully breake or enter into any parke empaled or any other seuerall grounde closed with wall pale or hedge and vsed for the kepyng breedyng and cherishing of Deare and so wrongfully hunt dryue or chase out or take kyll or slea any Deare within any suche empaled parke or closed grounde with wall pale or other inclosure and vsed for Deare as is aforesaide or do or shal take away any Hawke or Hawkes or the egges of any of them by any wayes or meanes vnlawefullye out of any the woods or grounde of any person or persons not hauyng lawefull aucthoritie or licence so to do and therof be lawfully conuicted at the suite of our soueraigne Lady the Quene or the partie grieued as is aforesayde shall lykewyse suffer imprisonment of his or theyr bodyes by the space of three monethes and shall yelde and paye to the partie grieued his treble damages And after the sayde three monethes expired shall fynde sufficient suerties for his or theyr good abearing for the space of .vii. yeres after against the Quenes Maiestie her heyres and successours and all her liege people as is aforesayde or els shall remayne continue styll in pryson without bayle or mainpryse vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the said time of vii yeres as is afore rehearsed Prouided alwayes that this Acte or any thyng therein conteyned extende not to any parke or inclosed grounde hereafter to be made vsed for Deare without the graunt or licence of our soueraigne Lady the Quene her heyres successours or progenitours Prouided alwayes and be it enacted by aucthoritie aforesaide that it shal be lawful for the partie grieued to sue and take his further remedie agaynst all and euery such offendour and offendours for his losse and damages and to recouer the treble value of the same in this behalfe aswell before Iustices of Oyer and determiner Iustices of Assyse in theyr circuites and Iustices of the peace as els where in any other the Quenes courtes of Recorde and that vpon the true satisfaction of the sayde treble damages to the partie grieued or vpon the confession and knowledge therof by the same partie before the sayde Iustices in open sessions to be holden within the Countie where the offence was committed it shal be at the libertie of the same partie grieued to whom the sayde offence was committed to release at his pleasure the sayde suertishyp of good abearyng at any tyme within the sayde seuen yeres or before Any thyng in this present Acte before specified or expressed to the contrary notwithstandyng And be it further enacted by the aucthoritie aforesayde that the Iustices of Oyer and determiner Iustices of Assyse in theyr circuites and Iustices of the peace and gaole delyuery in theyr Sessions shall by vertue hereof haue power and aucthoritie to
enquire heare and determine all and singuler the offences aforesayde and to make and awarde proces thervpon aswell vpon inditementes taken before them as by byll of complaynt information or any other action in which suite or action no essoigne wager of lawe nor protection shal be alowed AND be it further enacted by the aucthoritie aforesayde that yf any person or persons at any tyme hereafter shall fortune to be bounde before any of the Iustices before mentioned to the Quene her heyres or successours for his or theyr good abearyng for seuen yeres accordyng to the tenour of this Acte and the same partie or parties so bounde shall afterwardes within the sayde seuen yeres come before the Iustices of the peace of the sayde Countie where the sayde offence was committed or some of them in open Sessions and there in the sayde open Sessions confesse and acknowledge his or theyr sayde offence or offences and be sory therefore and satisfie the partie or parties grieued accordyng to the tenour of this Acte That then the same Iustices before whom the sayde confession shal be so made shall maye haue power and aucthoritie by vertue of this Act in the same open Session or in any other open Sessions afterwarde to be holden before the sayde Iustices in the sayde Countie within the sayde terme of seuen yeres yf it shall seme good to theyr discressions to discharge the sayde Recognisaunce and bonde so taken and also the sayd partie and parties so bounde This Acte or any thyng therin conteyned to the contrary therof notwithstandyng An Act agaynst the carrying of Shepe skinnes and Peltes ouer the Sea not beyng Staple ware ¶ The .xxii. Chapter FOR reformation of many griefes lamentably declared this present Parliament by diuers artificers of this Realme workyng leather It maye please your royall Maiestie that it maye be enacted established with thassent of this high court of Parliament that it shall not be lawefull to or for any manner of person or persons whatsoeuer frō after the first day of Maye next cōming to make any Peltes that is to say to pull sheare clip or take away the woll of any Shepeskynne or Lambe skinne or to bye any skynne of any Stagge Hynde Bucke Doo Goate Fawne or Kyd or the peltes or skynnes of any of them vnlesse such persō or persons so making any peltes or bying such skinnes as is aforesaid do make or cause to be made therof tawed or lawfully tanned leather or parchment or otherwise conuert the same into semittes panels or other their owne necessary vses vpon payne y t euery person so makyng peltes or bying any of the skinnes or peltes aforesaid contrary to the meanyng of this Acte shall forfait lose the value of all such peltes or skinnes so made bought and ii.s.vi.d for euery skynne or pelte so bought or pelt so made as is aforesayde And be it further enacted that it shall not be lawfull to or for any person or persons whatsoeuer from after the feast aforesaid to ship or conuey or cause or procure to be shipped or conueyed in or to any shippe boate or vessell in or vpon the Sea or in or vpon any Hauen riuer creke or place within this Realme of England and Wales or either of them any maner of shepeskinnes wolfels shorelinges morelinges or the skinnes of any stagge hynde bucke doo goate fawne or kyd or the peltes or skynnes of any of them or the leather made of them or any of thē to thintent to transport or carry the same into any the partes beyonde the Seas there to be vttered bartred or sold by way of marchaūdise or otherwise vpon payne of forfaiture of al such skinnes or peltes bought laden shipped or transported contrary to the true meaning of this Act or the value of them also ii.s.vi.d. of lawfull money of Englande for euery fell shorlyng morling pelt or skinne aforesaid bought laden shipped or transported contrary to the tenor and true meanyng of this present Act. The moitie of al which forfaitures shal be to our soueraigne Lady the Quenes Maiestie her heires successours the other moitie to him or thē that wyll sue for the same by action byll plaint information or otherwyse in any of the Quenes Maiesties courtes In which action no essoigne protection or iniunction shal be admitted or alowed Prouided alwayes that it shall and may be lawfull to the marchauntes of the Staple the marchaūtes of Newcastel vpon Tine Hartilpoole and Barwicke their sruauntes factours and atturneyes and euery of them to carry and transport all such lawefull wares as heretofore they haue ben accustomed lawfully might Any thyng in this Acte to the contrary notwithstandyng An Acte for the due execution of the writte de excomunicato capiendo ¶ The .xxiii. Chapter FOrasmuch as diuers persons offendyng in many great crymes and offences appertaynyng meerely to the iurisdiction determination of the Ecclesiastical courtes Iudges of this Realme are many tymes vnpunished for lacke and want of the good and due execution of the writte de excomunicato capiendo directed to the Sheriffe of any Countie for the taking apprehending of such offendours The great abuse wherof as it should seme hath growen for that the saide writte is not retournable into any Court that might haue the iudgement of the wel executing seruyng of the saide writte accordyng to the contentes therof but hytherto haue ben left only to the discretion of the Sheriffes and theyr deputies by whose negligences and defaultes for the most part the said writ is not executed vpon the offendour as it ought to be By reason wherof suche offendours be greatly encoraged to continue their sinfull criminous lyfe much to the displeasure of almightie God to the great contempt of the Ecclesiasticall lawes of this Realme Wherefore for the redresse therof Be it enacted by the Quenes most excellent Maiestie with thassent of the Lordes spirituall temporall and the Cōmons in this present Parliament assembled by thaucthoritie of the same that from after the first day of May next cōmyng euery writte of Excomunicado capiendo that shal be graunted and awarded out of the hygh Courte of Chauncery against any person or persons within the Realme of England shal be made in the time of the Terme returnable before the Quenes highnes her heires successours in the court cōmonly called the kinges Bench in the terme next after the Teste of the same writ that the same writ shal be made to conteyne at the least .xx. dayes betwene the Teste the retourne thereof And after the same writte shal be so made and sealed that then the said writte shal be forthwith brought into the sayd Court of the kinges Benche and there in the presence of the Iustices shal be opened and delyuered of Recorde to the Sheriffe or other officer to whom the seruing and execution therof shall appertaine or to his or their deputie or
the myddest of May to the myddest of August halfe an houre at the most and at euery breakefast one halfe houre and all the sayde artifiters and laborers betwene the myddest of September and the middest of Marche shal be and continue at their worke from the sprynge of the daye in the mornynge vntyl the night of the same daye excepte it be in tyme afore appointed for breakefast and dynner vppon payne to lose and forfeyte one peny for euery houres absence to be deducted and defaulked oute of his wages that shall so offende And be it also enacted by the auctoritie aforesayde that euery artificer and laborer that shal be lawfully reteyned in or for the buyldyng or reparyng of any Church House Ship Mylne or euery other peece of worke taken in greate in taske or in grosse or that shall hereafter take vppon hym to make or fynyshe any suche thynge or worke shall continue and not departe from the fame onles it be for not payinge of his wages or hyer agreed on or otherwise lawefully taken or appointed to serue the Quenes Maiestie her heires or successours or for other lawfull cause or without lycense of the maister or owner of the worke or of hym that hath the charge therof before the finishyng of the sayd worke vpon payne of imprisonment by one moneth without bayle or mainprise and the forfeyture of the summe of fyue pounds to the partie from whome he shall so departe for the whiche the sayd partie may haue his action of debte againste him that shal so departe in any of the Quenes Maiesties courtes of record ouer besides such ordinary costes and damages as may or ought to be recouered by the comen lawes for or concernynge any suche offence In which action no protection wager of law or essoygne shal be admitted And that no other artificer or laborer reteyned in any seruice to worke wyth the Quenes Maiestie or any other person departe not from her sayde Maiestie or from the sayde other person vntyll suche tyme as the worke be fynished yf the person so reteynynge the artificer or laborer so longe wyll haue hym and pay hym his wages or other dueties vpon paine of imprisonment of euery person so departing by the space of one moneth And for the declaration and lymitation what wages seruauntes laborers and artificers eyther by the yeare or daye or otherwise shall haue and receaue Be it enacted by the auctoritye of this present Parliamente that the Iustices of peace of euery shyre rydynge and libertye within the lymittes of their seuerall commissions or the more parte of them beinge then resyant within the same and the Sheriffe of that Countie if he conueniently may and euery Maior Baylyfe or other head officer within anye Citye or towne corporate wherin is anye Iustice of peace within the lymittes of the saide Citye or towne corporate and of the sayde corporation shall before the tenth daye of Iune next commynge and afterwarde shall yerely at euery generall Sessions firste to beeholden and kepte after Easter or at sometyme conuenient within six wekes next folowing euery of the sayde feastes of Easter assemble them selues together and they so assembled callynge vnto them suche discrete and graue persons of the sayde Countie or of the sayd Citie or towne corporate as they shall thynke mete and confetrynge together respectynge the plentie or scarsitie of the tyme and other circumstaunces necessaryly to be considered shall haue auctoritye by vertue hereof within the lymittes and precinctes of theyr seuerall commissions to lymit rate and appointe the wages aswel of suche and so many of the sayde artificers handy craftes men husbandmen or anye other laborer seruaunte or woorkemen whose wages in tyme past hath ben by any lawe or statute rated and appointed as also the wages of all other laborers artificers workemen or apprentices of husbandry whiche haue not ben rated as they the same Iustices Maiors or head officers within their seuerall commissions or liberties shall thinke mete by theyr discressions to be rated lymitted or appointed by the yeare or by the daye weke monethe or otherwyse wyth meate and drynke or without meate and drynke and what wages euery workeman or laborer shall take by the greate for mowynge reapynge or thresshynge of corne and grayne and for mowynge or makinge of hey or for ditchinge palynge raylynge or hedgynge by the rodde perche lugge yarde pole rope or foote and for any other kynde of reasonable labours or seruice and shal yerelye before the xii daye of Iulye nexte after the saide assessement and rates so appointed and made certifie the same ingrosed in parchement with y e considerations causes therof vnder their handes and seales into the Quenes most honorable Court of Chauncery wherupon it shal be lawefull to the lorde Chauncelour of England or L. keper of the great seale for the tyme beyng vpon declaration thereof to the Quenes Maiestie her heires or successours or to the Lordes and others of the pryuye Councel for the tyme beinge attendaunt vpon their persons to cause to be printed and sent downe before the firste daye of September nexte after the sayde certificat into euery Countye to the Sheriffe and Iustices of peace there and to the sayde Maior bayliffes and head officers tenne or twelue proclamations or more conteynyng in euerye of them the seuerall rates appointed by the sayde Iustices and other head officers as is aforesayde with commaundement by the sayde proclamations to all persons in the name of the Quenes Maiestie her heires or successors straightlye to obserue the same and to all Iustices Sheriffes and other officers to see the same duelie and seuerely obserued vpon the daunger of the punishement and forfeytures lymitted and appointed by this estatute Vppon receypte wherof the sayde Sherifes Iustices of peace and the Maior and head officer in euery Citie or towne corporate shall cause the same proclamation to be entred of record by the clerke of the peace or by the clerke of the Citie or towne corporate and the sayde Sheriffes Iustices and other the sayde Maior and head officers shall foorthwith in open markettes vpon the market dayes before Michelmas then ensuynge cause the same proclamation to be proclamed in euerye Citie or market towne within the lymittes of their Commission and the same proclamation to be fixed in some conuenient place of the sayd Citie and towne or in suche of the most occupyed market townes as to the sayde Sherifes Iustices of peace and to the sayde Maior and head officer shal be thought mete And if the sayde Sherifes Iustices of peace or the Maior and head officers shall at their saide generall Sessions or at any tyme after within syxe weekes then folowynge vppon their assembly and conference togither thynke it conuenient to reteyne and kepe for the yere then to come the rates and proportion of wages that they certifyed the yere before or to chaunge or reforme them or some parte of them then they shall before the sayde .xii.
daye of Iuly yerely certifie into the sayde Court of Chauncerye their resolutions and determinations therin to the intente that proclamations may accordynglye be renued and sent downe And if it shall happen that there be no nede of anye reformation or alteration of the rates of the sayde wages but that the former shal be thoughte mete to be contynued then the proclamations for the yere past shall remayne in force vntill newe proclamations vppon newe rates concernynge the sayde wages shal be sent downe accordynge to the fourme of this Estatute And be it further enacted by auctoritie of this present Parlyament that if all the sayd Iustices of peace resiant within Countyes where they are or shal be Iustices of peace Maiors and head officers do not before the tenth daye of Iune nexte commynge and afterwarde yearelye appeare and assemble at the sayde generall Sessions or within syxe weekes nexte after the sayde generall Sessions and lymitte and rate the wages of the sayde seruauntes and laborers or shall not consider whether the former rates made be mete to be continued or to be altered and reformed in manner and fourme aforesayde or be negligent or remisse in the certificat therof in fourme aboue written that then euery Iustice of peace of the Countie and euery Maior and head officer of the Citie or towne corporate in whom any suche defaulte or negligence shal be founde beinge within the sayde countie Citie or towne corporate at the tyme of the sayde nexte assemblye or at the tyme of the saide Sessions or at the tymes of the sayde rates of wages to be set within syxe wekes nexte after euerye suche Sessions and not visited wyth any suche sickenes as he coulde not trauell thyther without perill and daunger of his lyfe or not hauynge anye other lawfull and good excuse to be allowed by the Iustices then assembled for the ratinge and taxynge of wages as is aforesayde or by the more parte of them vppon a corporall othe and affidauit to be taken and made openlye before the sayde Iustices vppon the holy Euangelistes by some credyble person assessed and taxed in the booke of Subsedye of that Countie to the cleare value of fyue poundes at the leaste or by suche other person as the most parte of suche Iustices shall allowe and accepte to take suche othe shall for suche defaulte or negligence forfeyte vnto the Queenes Maiestie her heyres and successours tenne poundes of laweful money of Englande And be it further enacted by the auctoritie aforesayde that yf any person after the sayde proclamation shal be so sent downe and published shal by any secret waies or meanes directly or indirectly reteyne or kepe any seruaunt workeman or laborer or shall geue any more or greater wages or other commoditie contrarye to the true intent and purporte of this statute or contrary to the rates or wages that shal be assessed or appointed in the sayde proclamations that then euery persone that shall so offende and be thereof lawfully conuicted before any the Iustices or other head officers aboue remembred or eyther of the sayde Presidentes and Councelles shall suffer imprisonment by the space of tenne dayes without bayle or maynepryce and shall lose and forfeyte fyue poundes of lawfull money of England And that euery person that shal be so reteyned and take wages contrary to this estatute or any braunche therof or of the sayde proclamation and shal be thereof conuicted before the Iustices aforesayde or any two of them or before the Maior or other head officers aforesayde shall suffer imprisonment by the space of .xxi. dayes wythout bayle or mayneprice And that euery reteyner promyse gifte or payment of wages or other thinge whatsoeuer contrary to the true meanynge of this estatute and euery writinge and bond to be made for that purpose shal be vtterly voyde and of none effect And be it enacted by the auctoritie aforesaid that if any seruaunt workeman or laborer shall wilfully or maliciously make any assaulte or affray vpon his Maister Maistres or dame or vppon any other that shall at the tyme of suche assaulte or affray haue the charge or oversight of any suche seruaunte workeman or laborer or of the worke wherein the sayde seruaunt workeman or laborer is appointed or hyered to worke and beinge therof conuicted before any two of the Iustices Maior or head officer aforesayde where the sayde offence is committed or before eyther of the sayde Lordes Presidents and Councell before remembred by confession of the sayd seruaunt workeman or laborer or by the testimony witnesse and othe of two honest men that then euery suche offendor shall suffer imprisonment by the space of one hole yere or lesse by the discression of two Iustices of peace if it be without a towne corporate and if it be within any town corporate then by the discression of the Maior or head officer of the same towne corporate with two others of the discretest persons of the same corporation at the least And if the offence shal require further punishement then to receaue suche other open punishment so as it extend not to lyfe nor lymme as the Iustices of peace in open Sessions or the more part of them or the said Maior or head officer and sixe or foure at the least of the discretest persones of the same corparation before whom the offence shal be examined shall thinke conuenient for the qualitie of the sayde offence so done and committed Prouyded alwayes and be it enacted by the aucthoritye aforesayde that in the tyme of hey or corne haruest the Iustices of peace and euery of them also the Constable or other head officer of euery towneship vpon request for the auoyding of the losse of any corne grayne or hey shal may cause all suche artificers and persons as be mete to labour by the discressions of the sayd Iustices or Constables or other head officers or by any of them to serue by the daye for the mowing reapyng shearing gettyng or Innyng of corne grayne and hey accordynge to the skill and qualitye of the person and that none of the sayde persons shall refuse so to do vpon paine to suffer imprisonment in the stockes by the space of two dayes and one night And the Constable of the towne or other head officer of the same where the saide refusal shal be made vpon complainte to hym made shal haue auctoritye by vertue hereof to set the sayd offendour in the stockes for the tyme aforesayde and shal punishe hym accordingly vpon payne to lose and forfeyte for not doynge therof the summe of xl.s Prouided also that all persons of the counties where they haue accustomed to go into other Shires for haruest worke and hauynge at that tyme no haruest worke sufficient in the same towne nor countie where he or they dwelt in the winter then last past bryngynge with hym or them a testimoniall vnder the hand and seale of one Iustice of the peace of the shyre or other head officer of
huswyfes or houshold cloth only and none other cloth Fuller otherwyse called Tucker or walker burner of ore and woade ashes Thatcher or Shingler wheresoeuer he or they shal dwell or inhabite to haue or receaue the sonne of any persone as apprentice in maner and fourme aforesaid to be taught and instructed in these occupations only and in none other albeit the father or mother of any suche apprentice haue not any landes tenementes nor hereditamentes And be it further enacted by the auctoritie aforesayd that after the first day of May next comminge it shal not be lawfull to any persone or persones other then suche as nowe do lawfully vse or exercise any arte mistery or manuell occupation to set vp occupye vse or exercise any craft mistery or occupation nowe vsed or occupied within the Realme of England or Wales except he shal haue ben brought vp therin seuen yeres at the least as apprentice in maner and fourme aboue said nor to set any person on worke in suche mistery art or occupation beinge not a workeman at this day except he shal haue ben apprentice as is aforesaide or els hauing serued as an apprentice as is aforesaid shall or wil become a Iorneyman or be hyred by the yere vpon paine that euery person willingly offendinge or doinge the contrary shall forfeit and lose for euery default xl.s for euery moneth Prouided alwaies and be it further enacted by the auctoritie aforesayd that no person or persons vsynge or exercisyng the art or mistery of a wollen cloth weuer other then such as be inhabityng within the counties of Cumberland Westmerland Lancaster and Wales weauing Fryzes Cottons or houswyfes cloth only makyng and weauing wollen cloth commonlye solde or to be solde by anye clothe man or clothear shall take and haue any apprentice or shall teache or in any wyse instructe any person or persons in the science art or occupation of weauinge aforesaid in any village towne or place Cities townes corporate and market townes only except vnlesse such person be his sonne or els that the father or mother of suche apprentice or seruaunt shall at the tyme of the takynge of suche person or persons to be an apprentice or seruaunt or to be so instructed haue landes and tenementes or other hereditamentes to the cleare yerely value of three poundes at the least of an estate of inheritaunce or frehold to be certifyed vnder the handes and seales of three Iustices of the peace of the Shire or shires where the sayde landes tenementes and other hereditamentes do or shal lye The effect of the indenture to be registred wythin three monethes in the parishe where suche maister shall dwell and to paye for suche registringe iiii.v vpon paine of forfeyture of xx.s for euery moneth that any person shall otherwyse take any apprentice or set any suche person on worke contrary to the meanynge of this article And be it further enacted by the auctoritie aforesayde that all and euery person or persons that shall haue three apprentices in any of the sayd craftes mysteries or occupations of a clothmaker Fuller Shereman Weuer Tailor or shomaker shall reteyne and kepe one Iorneyman and for euery other apprentice aboue the nomber of the said three apprentices one other Iorneyman vpon paine for euery default therin tenne poundes Prouided alwayes that this acte nor any thynge therin conteyned shall not extend to preiudice or hinder any liberties heretofore graunted by any acte of Parliament to or for the companye and occupation of Worsted makers and Worsted weuers within the Citie of Norwych and els where within the Countie of Northfolck which liberties be in force vntil the beginninge of this present Parlyament Any thynge herein conteyned to the contrary in any wyse notwithstandynge And be it further enacted that if any person shal be required by any housholder hauinge and vsynge halfe a ploughe land at the least in tyllage to be an apprentice and to serue in husbandry or in anye other kynde of art mistery or science before expressed and shall refuse so to do that then vpon the complaint of suche housekeeper made to one Iustice of the peace of the Countie wherin the sayd refusall is or shal be made or of suche housholder inhabitinge in any Citie towne corporate or market towne to the Maior Bayliffes or head officer of the saide Citie towne corporat or market towne if any suche refusall shall there be they shal haue ful power and auctoritie by vertue hereof to sende for the same person so refusyng And if the said Iustice or the sayd Maior or head officer shall thinke the saide person mete and conuenient to serue as an apprentice in that art labour science or mistery wherin he shal be so then required to serue That then the saide Iustice or the saide Maior or head officer shall haue power and auctoritye by vertue hereof if the said person refuse to be bounde as an apprentice to commit hym vnto ward there to remayne vntyll he be contented and wil be bounden to serue as an apprentice shulde serue accordinge to the true intent and meanynge of this present acte And if any suche maister shall mysuse or euill intreate his apprentice or that the said apprentice shall haue any iuste cause to complaine or the apprentice do not his duetie to his maister Then the said maister or prentice beinge greued and hauinge cause to complayne shall repaire vnto one Iustice of peace within the sayde Countie or to the Maior or other head officer of the Citie towne corporate market towne or other place where the saide maister dwelleth who shal by his wysdome and discretion take such order and direction betwene the saide maister and his apprentice as the equitie of the cause shall require And if for wante of good conformitie in the said maister the saide Iustice of the peace or the saide Maior or head officer can not compound agree the matter betwene hym and his apprentice then the saide Iustice or the saide Maior or other head officer shall take bande of the said maister to appeare at the next Sessions then to be holden in the said Countie or within the said Citie towne corporat or market towne to be before the Iustices of the said Countie or the Maior or head officer of the said towne corporate or market towne if the saide maister dwell within any such and vpon his apparaunce hearing of the matter before the said Iustices or the said Maior or other head officer if it be thought mete vnto them to discharge the saide apprentice of his apprenticehod that then the said Iustices or foure of them at the least wherof one to be of them Quorū or the said Maior or other head officer with the consent of three other of his brethren or men of best reputation within the said Citie towne corporate or market towne shal haue power by auctoritie hereof in writing vnder their handes and seales to pronounce and declare that they haue discharged the
saide apprentice of his apprenticehode and they cause therof and the said writing so being made and inrolled by the clerke of the peace or towne clerke amonges the records that he kepeth shal be a sufficient discharge for the said apprentice against his maister his executours and administratours the indenture of the said apprenticehode or any lawe or custome to the contrary notwithstanding And if the defaulte shal be founde to be in the apprentice then the saide Iustices or the saide Maior or other head officer with the assistentes aforesaid shal cause such due correction punishment to be ministred vnto hym as by their wysdome and discretions shal be thought mete Prouyded alwayes and be it enacted by aucthoritie of this present Parlyament that no person shall by force or colour of this estatute be bounden to enter into any apprenticeship other then suche as be vnder the age of .xxi. yeres And to th ende that this estatute may from tyme to tyme be carefully diligently put in good execution according to the tenure and true meanyng therof Be it enacted by auctoritie of this present Parliament that the Iustices of peace of euery Countie deuidyng them selues into seueral lymittes and lykewise euery Maior and head officer of any Citie or towne corporat shall yerely betwene the feast of Saint Michaell the Archangel the Natiuitie of our Lord and betwene the feast of the Annunciation of our Lady and the feaste of the Natiuitie of Saint Iohn the Baptist by all such wayes meanes as to their wysdomes shal be thought moste mete make a special and diligent inquirie of the braunches and articles of this estatute and of the good execution of the same and where they shal fynde any defaultes to see the same seuerely corrected and punished without fauour affection malice or displeasure And in consideration of the paines and trauell that the said Iustices of peace and the said Maior and head officer shal take and susteine in and about the execution of this estatute it is further ordeyned and enacted by auctoritie of this present Parlyament that euery Iustice of peace Maior or head officer for euery day that he shall syt in about the execution of this estatute shall haue alowed vnto hym fyue shyllinges to be alowed and payd vnto hym or vnto the sayde Maior or head officer of the fynes and forfeitours of the paynes and penalties that shal be forfeited and due vnto the Queenes Maiestie her heires or successors by force of this estatute in suche maner and fourme as the said Iustices haue ben heretofore commonly payed for their comming charges at the quarter Sessions so that the sytting of the said Iustices or Maior or head officer be not at any one tyme aboue .iii. dayes and for the matters conteyned in this estatute And be it enacted by auctoritie aforesaide that the one halfe of all forfeytures and penalties expressed and mentioned in this statute other then suche as are expresly otherwyse appointed shal be to oure soueraigne Ladye the Quenes Maiestie her heires and successors and the other moytie to hym or them that shall sue for the same in any of the Quenes Maiesties Courtes of record or before any of the Iustices of Oyer terminer or before any other Iustices or President and Counsell before remembred by action of debte Information bill of complainte or otherwise in whiche actions or suites no protection wager of lawe or essoygne shal be alowed that the said Iustices or two of them whereof one to be of the Quorum and the said Presidentes and Counsell as is aforesaid and the said Maiors or other head officers of Cities or townes corporate shall haue full power and auctoritie to heare and determine al and euery offence and offences that shal be committed or done againste this estatute or against any braunche thereof aswell vppon indictment to be taken before them in the Sessions of the peace as vpon Information action of debte or bill of complaint to be sued or exhibited by any person And shall and may by vertue hereof make proces against the defendaunt and award execution as in any other case they lawfully may by any the lawes and statutes of this Realme and shall yerely in Michelmas terme certifie by estreate the fynes and forfeitours of euery the offences conteyned in this estatute that shal be founde before them into the court of the Exchequer in like sorte and fourme as they be bounde to certifie the estreates for other offences and forfeitours to be loste before them Any thynge in this statute conteyned to the contrary notwithstandyng Prouided alwayes that this acte or any thinge therin conteyned or mentioned shall not be preiudiciall or hurtfull to the Cities of London and Norwych or to the lawfull liberties vsages customes or priuileges of the same Cities for or concerning the hauynge or takyng of any apprentice or apprentices but that the Citezins and Freemen of the same Cities shall and maye take haue and reteyne apprentices there in suche maner and fourme as they might lawfully haue done before the makynge of this statute This acte or any thing therein conteyned to the contrary in any wyse notwithstandynge And be it also further enacted that all Indentures couenauntes promyses and bargaynes of or for the hauing takyng or kepynge of any apprentice otherwyse hereafter to be made or taken then is by this statute lymitted ordeyned and appointed shal be clerely voide in the lawe to all intentes and purposes and that euery person that shall from henceforth take or newly reteyne any apprentice contrary to the tenour and true meanynge of this acte shall forfeit and lose for euery apprentice so by hym taken the summe of .x. li. And because there hath ben and is some question and scrupule moued whether any person beynge within the age of .xxi. yeres and bounden to serue as an apprentice in any other place then in the said Citie of London shuld be bounden accepted taken as an apprentice For the resolution of the saide scruple and doubte Be it enacted by aucthoritie of this present Parlyament that all and euery suche person or persons that at any tyme or tymes from henceforth shal be bounden by Indenture to serue as an apprentice in any arte science occupation or labor accordynge to the tenour of this estatute and in maner and fourme aforesaide albeit the same apprentice or any of them shal be within the age of .xxi. yeres at the tyme of makynge of their seuerall Indentures shal be bounden to serue for the yeres in their seuerall Indentures conteyned as amply and largely to euery entent as yf the same apprentice were of full age at the tyme of the makynge of suche Indentures Any lawe vsage or custome to the contrary notwithstandynge Prouided alwayes and be it enacted by the aucthoritie aforesaid that the inhabitaunts nowe dwellyng or inhabitynge or that hereafter shall dwell or inhabit within the towne of Godalmynge within the Countie of Surray
the amendement of the sayde hyghe wayes Prouided alwayes that it shall not be lawfull to any such Superuisour or superuisours by vertue of this Act to cause any rubbyshe to be dygged out of any quarry or quarryes but onely shall extende to such rubbyshe as shal be founde there redy dygged by the owner or owners of the sayde quarry or quarryes or otherwyse by his or theyr licence and commaundement nor shall not extende or geue aucthoritie to any superuisour or superuisours to dygge or cause to be digged any grauell sande or sinder in the house garden orcharde or medowe of any person or persons nor that it shal be lawefull by this Acte to any such superuisour or superuisours to cause any more pyttes to be dygged for grauell in any seuerall and inclosed grounde then one only and that the same pyt or hole so digged for grauell as is aforesayde shall not by any waye be in breadth or length aboue ten yardes ouer at the most And that euery such Superuisour as shall cause any such pyt to be made dygged for grauell sande or sinder as is abouesaid shall within one moneth next after any suche dyggyng or pyt made cause the same to be filled and stopped by with earth at the costes charges of the pashioners vpon payne to forfait to the owner or owners of the soyle wherein any such pyt shal be made and dygged for euery default fyue markes to be recouered by action of debte as in other lyke cases of debte hath ben accustomed And forasmuche as the hygh wayes in sundrye places of this Realme be full of continuall sprynges and water courses by continuall encrease and synkyng wherof into the grounde the sayde wayes are not only very depe daungerous but also for the moste part impossible to be amended and repaired in any good and sufficient maner without some further remedye prouided for the same Be it therfore by thaucthoritie aforesaide further enacted that from henceforth euery such Superuisour Superuisours as is aforesaide shall by force of this Act within the paryshe or limittes where he or they shal be Superuisours haue full power aucthoritie to turne any such water course or spring of water beyng in any of the sayde hygh wayes into any dyche or diches of the seuerall grounde or soyle of any person or persons whatsoeuer nexte adioynyng to the sayd wayes in such maner and fourme as by the discressions of the said Superuisours shal be thought metest and moste conuenient And be it further enacted by the aucthoritie aforesaide that the hayes fences dykes or hedges next adioynyng on eyther syde to any hygh or common fayryng way shall from time to tyme be dyked scoured repayred and kepte lowe and all trees and busshes growyng in the hygh wayes cut downe by the owner or owners of the grounde or soyle which shal be inclosed with the saide hayes fences dikes or hedges aforsaide whereby the saide wayes may be open and the people haue more redye and easye passage in the same And whereas in the saide statute made in the saide second and thirde yeres of the reignes of the sayde Kynge Phillip and Quene Mary there are but foure dayes yerely appointed for the reparations and amendement of the saide high wayes Be it further by this present Parlyament enacted that from hencefourth there shal be yerely six dayes duringe the tyme and force of this estatute obserued vsed and employed in reparation and amendement of the sayde high wayes in lyke maner and fourme as the saide foure dayes were lymitted and appointed to be obserued and kept by the saide estatute made in the saide second and thirde yeres of Kynge Phillippe and Quene Mary And be it further enacted by the aucthoritie aforesaide that from hencefourth all and euerye suche Superuisour or Superuisours for the tyme beinge within one moneth next after defaulte or offence made done or committed by any person or persons contrary to the prouision purporte and true meanynge of the saide estatute made in the second and third yeres of Kynge Philippe and Quene Mary or contrary to the prouision purport and true meanynge of this present Acte shall present euery such default or offence to the nexte Iustice of peace for the tyme beinge vppon payne to forfait for euery suche defaulte and offence in suche forte not by them presented xl.s And that euery suche Iustice of peace to whom any suche defaulte or offence shal be presented as is aforesaid shall certifie the same presentment so to him made at the nexte generall Sessions within the said Countie then nexte after to be holden vppon payne to forfayt for not certifyinge of euery suche presentment of euery suche defaulte or offence as is aforsaide v.li And that the Iustices of peace of euery Countie where the saide defaultes or offences shal be committed shall immediatly haue aucthoritie to enquire of any suche defaulte or offence committed within the limittes of their commission at euery their quarter Sessions and to assesse suche fynes for the same as they or two of them whereof the one to be of the Quorum shall thinke mete And be it further enacted by the aucthoritie aforesaide that euery Iustice of peace shall haue aucthoritie by this statute vpon his owne proper knowledge in the open generall Sessions to make presentment of any high waye not well and sufficiently repayred and amended or of any other defaulte or offence committed or done within the Countie and limittes of his commission contrary to the prouision and entente of this statute or the saide statute made in the seconde and third yeres of Kyng Phillippe and Quene Mary And that euery such presentment made by any such Iustice of peace vppon his owne knowledge as is aforesaide shal be as good and of the same force strength effect in the law as if the same had ben presented founde and adiudged by the othe of .xii. men And that for euery such defaulte so presented as is aforesaide the Iustices of the peace of the saide Countie shall immediatly at the said generall Sessions haue aucthoritie to assesse suche fynes as to them or two of them wherof the one to be of the Quorum shal be thought mete Sauing euery person and persons that shal be touched by any suche presentment to haue his or their lawfull trauers to the same presentment as they might haue vpon any Indictement of trespas or forcible entrye by the lawes of this Realme before the making of this estatute And that all suche fynes forfaitures and amerciamentes to be assessed by the said Iustices of the peace at their generall Sessions in any the cases aforesaid shal be estreated by the clerke of the peace of the saide Countie and shal be leuyed in suche maner and fourme and employed to suche vses and ententes as in the saide statute made in the second and third yeres of Kynge Phillippe and Quene Mary is limitted and appointed This Acte to continue for twentie yeres nexte after
and that the Iudges before whome the saide action or suite shal be taken shall and may procede to Iudgement of and vpon the residue of the saide penalties and forfaitures and to commaunde execution vppon the same the sayde release discontinuaunce or other discharge had made done or suffered by the partie plaintife in any wise notwithstanding This Acte or any thing therein conteined to the contrary in any wyse notwithstandyng And be it further enacted by the aucthoritie aforesaide that if any person or persons beinge hereafter conuicted or condempned of any the offences aforesaide by any the wayes or meanes aboue limitted shal after any suche his or their conuiction or condempnation eftsones commit or perpetrate any of the saide offences in fourine aforesaide that then euery suche seconde offence or offences shal be adiudged felonye and the parties being therof conuicted or attainted accordinge to the lawes of this Realme shall suffer such paynes of death losse and forfaiture of their goodes cattles landes and tenementes as in cases of felony by the common lawes of this Realme ought to be lost or forfayted without hauinge any aduauntage or benefit of Clergie or Sanctuarye Sauynge to euery person and persons bodyes polytike and corporate their heyres and successours other then the said offendours and suche as clayme to their vses all such rightes titles interestes possessiōs liberties of distresses leasses rentes reuercions offices and other profites and aduauntages which they or any of them shall haue at the tyme of suche conuiction or attaindour of in or to any the landes tenemētes or hereditamētes of any suche persone so as is aforesaide conuicted or attainted or at any tyme before in as large and ample maner to all intentes and purposes as if this Acte had neuer ben had nor made Prouided alwayes and be it enacted by the aucthoritie aforesaid that any suche conuiction or attaindour of fellony as is aforesaide or any forfaiture by reason of the same shall not in any wise extende to take awaye the dower of the wife of any suche person attainted nor to the corruption of bloude or disherison of any the heyre or heyres of any suche person or persons so attainted This Acte or any thinge therin conteyned or any other statute lawe vsage custome or thinge heretofore vsed to the contrary in any wise notwithstandyng Prouided also and be it further enacted by the aucthoritie aforesaid that this Acte or any thinge therein conteyned shall not extende to charge any ordinary or any there Commissaries officials registers or any other their officers or ministers with any the offences aforesaide for puttinge their Seale of office to any will to be exhibited vnto them not knowinge the same to be false or forged or for writing of the sayde will or probate of the same This Acte or any thynge therin conteined to the contrary notwithstandyng And be it further enacted by the aucthoritie aforesaid that all and euery Iustices of Oyer and determiner and Iustices of Assise in their circuites and euery of them shall haue full power and aucthoritie in euery of their open and generall Sessions to enquire heare and determine of all and euery the offences aforesayde committed or done within the limittes of their Commission and to make processe for the execution of the same as they maye do against any person beinge indited before them of trespasse or lawfullye conuicted thereof And be it further enacted by the aucthoritie aforesaide that all other statutes heretofore made prouyded for forger of false dedes Charters munimentes or writinges and all and euery penaltie appointed by the same shal from and after the said first daye of Iune be voyde and of none effecte in the lawe Any suche statute or thynge therin conteyned to the contrary in any wise notwithstanding Prouided alwayes that this Acte or any thynge therein conteyned shall not extende or be hurtefull in any wyse to any Proctour Aduocat or Register of any Ecclesiastical courte within this Realme for the writyng setting forth or pleading of any proxie made accordynge to the Ecclesiasticall lawes or customes heretofore vsed and allowed by the Ecclesiasticalll courtes of this Realme for the appearaunce of any person or persons beinge cited to appeare in any of the sayde Courtes Ecclesiasticall nor to any Archdeacon or officiall for puttynge their Autentique seale to the sayde proxies or proxie neyther yet to any Iudge Ecclesiasticall for admittynge of the same But that they and euery of them maye hereafter do in all pointes concernynge the same as they and euery of them myght lawfully haue done before the makynge of this Acte Any thinge in this Acte to the contrary in any wyse nothwithstandyng Prouyded alwayes and be it further enacted by the aucthoritie aforesayde that yf any persone or persons whatsoeuer that hath of his or theyr owne heade or by false conspiracie and fraude with any other wittingly subtelly and falselye forged or made or shall before the sayde firste daye of Iune forge and make any false dede charter or writinge sealed or the wille of any person in writinge or any Courterolle to the entent that the state of freholde or inheritaunce or the right tytle or interest of inheritaunce or freholde of any person or persons of in or to any manours landes tenementes or hereditamentes beyng freholde or copyholde or that by any such forged dede charter Courtroll or writynge before the sayde firste daye of Iune shall or may be molested troubled or defeated of any the saide estates of any landes tenementes or hereditamentes beinge freholde or copyholde or if any person or persons haue heretofore publyshed or shewed forth in euidence or before the sayde first daye shall publyshe or shewe in euidence for the proffe of any title any false and forged dede charter writynge wille or Courtrolle as true knowynge the same to be false and forged as is aforesaide to the intent aboue remembred and shal be thereof attainted or conuicted accordynge to the order of the lawes of this Realme eyther in an action of forget of false faits or in an action vppon the case at the sute of the patrie greued his heires executours or assignees that then the partie so conuicted shall paye and yelde damages and costes of sute to the plaintife as shal be assessed accordyng to the order of the lawes of this Realme in any suche lyke action or sute and shall suffer imprisonment and paye fyne and caunsome at the pleasure of the Quenes Maiestie her heyres and successours And if any person or persons shall after the sayd first daye of Iune pleade publishe or shewe forth in euidence or otherwise for the proffe of any tytle any false and forged dede charter writynge wille or courtrolle heretofore falselye made and forged or to be falsely made and forged before the sayde first daye of Iune as true knowynge the same to be false and forged to the intent to haue or clayme thereby any estate of inheritaunce freholde or leasse of yeres in or
any such presentment had or made yf the Terme be then open yf not at the first day of the full Terme next folowyng the sayde .xl. dayes vpon payne that euery of the Iusticiers of Assise or Iusticiers of the peace before whom suche presentment shal be made makyng default of suche certificat contrary to this Statute to lose and forfait for euery suche default one hundreth poundes to the Quenes hyghnes her heyres and successours AND it is enacted by the aucthoritie aforesayd that the Iustices of the kynges Benche aswell vpon euery such certificat as by enquirie before them selues within the limittes of theyr aucthorities shall haue full power and aucthoritie to heare order and determine euery such offence done or committed contrary to the true meanynge of this present Acte accordynge to the lawes of this Realme in such lyke maner and fourme to all intentes and purposes as yf the person or persons agaynste whom any presentment shal be had vpon this estatute had ben presented vpon any matter or offence expressed in the sayde estatute made in the sayd .xvi. yere of kyng Richarde the seconde And moreouer be it enacted by the auctoritie aforesayde that aswell all maner of persons expressed and appoynted in and by the Act made in the first yere of the Quenes Maiesties reigne that nowe is intituled an Acte restoryng to the Crowne the auncient iurisdiction ouer the estate Ecclesiasticall Spirituall and abolyshyng all forreyne powers repugnaunt to the same to take the othe expressed and set forth in the same as all other persons which haue taken or shall take orders commonly called ordines Sacros or Ecclesiasticall orders haue ben or shal be promoted preferred or admitted to any degree of learnyng in any vniuersitie within this Realme or dominions to the same belongyng and all Scolemasters and publike and priuate teachers of chyldren as also all maner of person and persons that haue taken or hereafter shall take any degree of learnyng in or at the cōmon lawes of this Realme aswell Vtterbarresters as Benchers Reders Auncientes in any house or houses of Court and all principall treasorers and suche as be of the graunde company in euery Inne of Chauncery and al Atturneys Prothonotaries and Philizers towardes the lawes of this Realme and all maner of Sheriffes Eschetours and Feodaries and all other person and persons which haue taken or shall take vpon hym or them or haue ben or shal be admitted to any ministery or office in at or belongyng to the common lawe or any other lawe or lawes or to or for the execution of them or anye of them vsed or allowed or at any tyme hereafter to be vsed or alowed within this Realme or any of the dominions or countryes belonging or which hereafter shall happen to belong to the Crowne or dignitie of the same and all other officers or ministers of or towardes any Court whatsoeuer and euery of them shall take and pronounce a corporal oth vpon the Euangelistes before he or they shal be admitted alowed or suffred to take vpon hym or them to vse exercyse supplye or occupye any suche vocation office degree ministery roume or seruice as is aforesayde and that in the open court whervnto he doth or shall serue or belong And yf he or they do not or shall not serue or belong to any ordinary or open Courte then he or they shall take and pronounce the othe aforesayde in an open place before a conuenient assemble to witnesse the same and before such person or persons as haue or shall haue aucthoritie by common vse or otherwyse to admitte or call any suche person or persons as is aforesayde to any such vocation office ministerye roume or seruice or els before suche person or persons as by the Quenes hyghnes her heyres or successours by Commission vnder the great Seale of England shal be named or assigned to accepte take the same accordyng to the tenour effect fourme of the same othe verbatim which is as it is already set forth to be taken in the foresaid Act made in the first yere of the Quenes Maiesties reigne And also be it enacted by the aucthoritie of this persent parliament that euery Archbishop and Bishop within this Realme and dominions of the same shall haue full power and aucthoritie by vertue of this Acte to tender or minister the othe aforesaide to euery or any Spirituall or Ecclesiasticall person within theyr proper dioces aswell in places and iurisdictions exempt as els where And be it enacted by the aucthoritie aforesayde that the Lorde Chauncellour or keper of the great Seale of England for the time beyng shall and may at all tymes hereafter by vertue of this Acte without further warraunt make and direct Commission or Commissions vnder the great Seale of Englande to any person or persons geuyng them or some of them therby aucthoritie to tender minister the othe aforesayde to such person or persons as by the aforesayde Commission or Commissions the sayde Commissioners shal be aucthorised to tender the same othe vnto And be it also further enacted by thaucthoritie of this presente Parliament that yf any person or persons appoynted or compellable by this Acte or by the sayde Acte made in the sayde fyrste yere to take the sayd othe or yf any person or persons to whom the said othe by any such Commission or Cōmissions shal be limitted and appoynted to be tendred as is aforesayde do or shall at the tyme of the sayde othe so tendred refuse to take or pronounce the sayd othe in maner and fourme aforesayde that then the partie so refusyng and beyng thereof lawfullye indited or presented within one yere next after any such refusall and conuicted or attainted at any time after accordyng to the lawes of this Realme shall suffer and incurre the daungers penalties paynes and forfaitures ordeined prouided by the statute of prouision and premunire aforesaid made in the .xvi. yere of the reigne of kyng Richarde the seconde And furthermore be it enacted by thaucthoritie aforesaid that all and euery such person and persons hauyng aucthoritie to tender the othe aforesaid shal within .xl. dayes next after such refusal or refusals of the sayde othe if the Terme be then open and if not then at the first day of the full Terme next folowyng the sayde .xl. dayes make true certificat vnder his or their seale or seales of the names places degrees of the person or persons so refusyng the same othe before the Quene her heyres or successours in her or theyr court commonly called the kinges Benche vpon payne that euery of the said persons hauing such auctoritie to tender the saide othe making default of such certificat shall for euery such default forfait C.li. to the Quenes highnes her heires or successours And that the Sheriffe of the countie where the said court cōmonly called the kinges Benche shall for the time be holden shall or may by vertue of this Act empanel a Iury of the
be brought or pursued by the sayde Churchwardens of the sayde Paryshe where they shall dwell in any court of Recorde or in the courte of any Lorde of any Manour within the sayde paryshe where the sayde gatherer shal be so chosen In which suite no protection or wager of lawe shal be alowed or admitted for the partie defendaunt And be it further enacted by the aucthoritie aforesayde that yf the sayde Churchwardens or eyther of them shall refuse to sue for the sayde forfayture or within two monethes next after the same cause of forfayture shal be geuen shall not sue or take the remedie for the recouery thereof in suche maner and fourme as before in this present Acte is limitted and appoynted that then the same Churchwardens so makyng default of suite shall forfayte and lose xx.li. of lawfull money of Englande the one moitie therof to him or them that wyll sue for the same by action of debt byll playnt or information in any court of Recorde or in the court of any Lorde of any Manour within the paryshe where the sayde Churchwardens shall dwell and the other moitie to the vse of the poore of the sayde paryshe In which suite no essoigne protection or wager of lawe shal be admitted or alowed for the partie defendaunt And for the better execution of this Acte touching the election of the Collectours for the poore Be it enacted by the aucthoritie aforesayde that euery Parson Vicar Curate or Minister of euery paryshe within this Realme shall yerely for euermore vpon the Sunday before Midsomer day in the Pulpit or some other conuenient place in the Church geue knowledge and warnyng at th end of some of the mornyng seruice to the parishioners then and there present to prepare them selues on the Sunday next after Midsomer day then next folowyng to come to the Churche and there to electe and chose Collectours and gatherers for the poore according to the tenor of this Acte And yf the Parson Vicar Curate or Minister shall make default in geuyng of the sayde knowledge that then he or they so makyng default to forfaite lose xl.s towardes the reparations of the sayde Churche And the Churchwardens of the sayde paryshe to sue and distrayne for the same in such fourme as before is appoynted for the other forfaitures AND further be it enacted by thaucthoritie aforesaide that the sayde gatherers or Collectours for the poore so to be chosen as is aforesayd shall make theyr iust accompt quarterly to the Maiors or chiefe officers of the sayde Cities Boroughes and Townes corporate and in euery parishe of the sayde Countrey to the Parson Vicar or Curate and Churchwardens of the paryshe at which accompt such of the paryshe as wyll may be present And when they go out of theyr office they shall delyuer or cause to be delyuered forthwith vpon th ende of their accomptes all such surplusage of money as then shall remayne of theyr collection vndistributed to be put in theyr common chest of the Churche or in some other safe place to the vse of the poore at the ouersyght and discression of the Maior officers and others before mentioned And if the said Collectours or any of them do refuse to make theyr sayde accompte within .viii. dayes nexte after request made to them for the same then the Bishop of the dioces or the Ordinary of the place Chauncelours or their Cōmissaries together with a Iustice of peace the Churchwardens of the sayd parishe or one of them shall haue aucthoritie by vertue of this Act vpon complaynt to them made to cōmit the sayde person or persons so refusyng to warde there to remayne without bayle or maynpryse vntyll he or they so refusyng shall make theyr sayd accomptes before suche persons as the sayde Byshop Ordinary Chauncellours or Commissaries Iustice of peace shall appoynt to make immediate payment of the summes wherwith by determinatiō of y e said accompt they shal be charged And be it further enacted by thaucthoritie aforesaid that if any person or persons being able to further this charitable worke do obstinatly frowardely refuse reasonablye to geue towardes the helpe reliefe of the poore or do wylfully discourage other from so charitable a dede y e Parson Vicar or Curate Churchwardens of the parishe wherin he dwelleth shall then gentelly exhorte hym or them towardes the reliefe of the poore and if he or they wyll not so be perswaded then vpon the certificat of the Parson Vicar or Curate of the parishe to the Bishop of the dioces or Ordinary of the place Chauncelours or their Cōmissaries or Gardian of the Spiritualties the same Bishop Ordinary Chauncelours or Cōmissaries or Gardian of the Spiritualties shall sende for him or them to induce or persuade him or them by charitable meanes wayes to extend their charitie to the poore as in this Act is well ment intended And yf the person or persons so sent for of his or their frowarde or wylfull mynde shall obstinately refuse to geue wekely for the reliefe of the poore according to his or their habilities that then the Bishop or Ordinary of the diocesse Chauncelours or their Commissaries shall haue full power and aucthoritie by vertue of this Acte to bynde the said obstinate and wylfull persons so refusing vnto the Quene by recognisaunce in the sūme of ten poūdes with condition therevpon to be indorsed that the sayde obstinate person so refusyng shall personally appeare before the Iustices of peace of the Countie where the same person shall then inhabite and dwell yf it be out of any Citie Borough or Towne corporate and yf it be within any Citie Borough or Towne corporate then before the Maiors Baylyffes or other head officers of euery such Citie Borough or Towne corporate at the next generall sessions to be holden before the sayde Iustices within the sayde Countie or at the next Court to be holden before the sayde Maior Baylyffes or other head officers within euery suche Citie Borough or Towne corporate and that the same obstinate person shall not from thence depart without licence of the sayd Iustices if he dwell out of any Citie Borough or Towne corporate or of the sayde Maior Baylyffes or other head officers yf he dwell within anye suche Citie Borough or Towne corporate And yf any such obstinate person shall refuse to be bounde as is aforesayde that then the sayde Byshop Ordinary Chauncellour or Commissary shall haue aucthoritie by this Acte to commit the sayde obstinate person to pryson there to remayne without bayle or maynprise vntyl the sayde obstinate person shall become bounde as is aforesayde AND further be it enacted by the aucthoritie aforesayde that the sayde Iustices or such of them as shal be at the sayde Sessions or the Maior Baylyffes or other head officers of euery such Citie Borough or Towne corporate yf the sayde obstinate person do appeare before them shall charitablye and gentelly perswade and moue the sayde obstinate
persons to extende his or their charitie towardes the reliefe of the poore of the paryshe where he or she inhabiteth and dwelleth and if he or she shall obstinately and wylfully stande in the same and wyll not be perswaded therein by the sayde Iustices Maior Baylyffes or other head officers that then it shall and may be lawful to and for the sayde Iustices if it be out of any Citie Borough or Towne corporate and yf it be within any Citie Borough or Towne corporate for the Maior Bayliffes or other head officers of the same Citie Borough or Towne corporate with the Churchwardens where the sayde obstinate person shall inhabite or one of them to sesse taxe and limit vpon euery such obstinate person so refusyng according to theyr good discressions what summe the sayde obstinate person shall paye wekely towardes the reliefe of the poore within the sayde paryshe where he or she shall inhabite and dwell And yf the sayd person so sessed and taxed shall refuse to paye the summe that shal be so reasonablye limitted taxed and appoynted then the sayde Iustices of peace or two of them whereof the one to be of the Quorum or the sayde Maior Baylyffes or other head officers of euery suche Citie Borough or Towne corporate shall haue full power and aucthoritie by vertue of this Acte vpon complaynt and certificate to them by the Collectours and Churchwardens of the same paryshe where the sayde obstinate person shall dwell to commit the sayd obstinate person and persons so refusyng to paye to prison to the next gaole there to remayne without bayle or mainprise tyll he or they haue payde the sayde sūme so appoynted taxed limitted together with tharrerages therof yf any such shall fortune to be And for the better maintenaunce of this charitable Acte and worke it is ordeyned and establyshed by thaucthoritie aforesayde that where as the late kyng of famous memorye kyng Henry the viii his heyres or successours or any other person or persons by his or theyr seuerall lawfull erections and foundations hath or haue ordeyned appoynted any sūme or sūmes of money to the vse of the poore or for the repayryng or amendyng of hygh wayes or bridges not beyng taken away otherwyse by Acte of Parliament whether the same be in any Cathedrall Churche Colledge or els where the Bishop of the diocesse or Chauncelour for the tyme being shall from tyme to tyme examine howe and after what maner the sayd money is bestowed to call to accompt the parties which retayne the sayde money and therevpon to take such order as the same from thenceforth be distributed to the poore accordyng to the good entent and purpose of the saide noble kyng that graunted the same And yf they shall fayle yerely to call to accompt the persons aforesaid in fourme aforesaide and after accompt to order the distribution of the said money in maner before declared to forfait for euery such default xx.li to be employed to the vse of the poore by the ouersight of three Iustices of the peace within the said countie where the person that so should accompt dwelleth to be leuied by way of distresse or otherwyse as other forfaitures in this estatute are appoynted to be leuied And be it further enacted by thaucthoritie aforesayde yf it shall chaunce any paryshe to haue in it mo poore impotent folkes not able to labour then the saide parishe is able to reliefe that then in euery such paryshe not standyng in any Citie or Towne corporate the Parson Vicar or Curate of the saide paryshe and two or three of the chiefe inhabitauntes of the same parishe and in euery Citie Towne corporate the Maior or chiefe officers of the same Citie or Towne corporat the Parson Vicar or Curate of the said paryshe calling to them two or three of the chiefe parishioners of the same parish such as the said Maior or head officers shal thinke mete shall certifie vnto the Iustices of peace of the countie where the same paryshe is the nombre and names of the persons with which they be surcharged vpon such certificat the sayd Iustices of the peace in the same countie or two of them wherof one to be of the Quorū shall consider examine the said certificat aswel by the oth of those that so certified inspection of the said poore persons to be taken and viewed at such day tyme place as to them shal be thought mete as by all other wayes and meanes and fynding the same true after such othe and alowaunce by inspection shall then graunt vnto such and as many of the saide poore folkes as by their discression they shal thinke good a sufficient licence vnder the seale appoynted for the limit to go abrode to begge get and receaue the charitable almes of the inhabitauntes of the countrey out of the sayde Paryshes Cities Townes so surcharged in which license thinfirmitie of the person the places townes paryshes to which such poore folkes are by that license licensed to resorte shall in the same license be named limitted and appoynted be it one Hundred or mo in the sayde Countie at the said discression of the same Iustices And yf any of the sayde poore folkes so licensed shall transgresse the limittes to them appoynted and resort to begge at other places then is in the sayde license named the partie so transgressyng offendyng to be taken for a valyaunt begger and punished according to the statute made in the sayde .xxii. yere of king Henry the eyght his or theyr license to be taken from them And if the sayde Iustices of the peace shal fayle to appoynt a day and tyme for inspection of the sayde poore and examination of the sayde certificatours within one moneth next ensuyng the day of receipt of the said certificat or shalt graunt or geue license to any person or persons so certified to go abrode and begge before such tyme as they shall haue viewed and sene the said poore persons haue receaued othe of the persons that so certified that the said poore persons for age impotencie or sickenes in theyr consciences to theyr knowledge are not able by any worke or labour to earne them necessary meate drynke and cloth and the same deposition put in wrytyng subscribed or marked by the persons deposed to forfaite for euery such default ten poundes to be employed to the vse of the poore of any paryshe or paryshes within the sayde Countie where the sayde Iustices dwell at the ouersyght appoyntment of the Bishop or his Chauncelour of the same diocesse to be leuied in sort fourme as other forfaitures in this Statute are appoynted And be it further enacted that where any of the sayde Cities Boroughes Townes corporate or paryshe so charged is scituate standyng in one countie or two coūties of this Realme or scituate and standyng in one and immediatly adioynyng to another countie of the Realme as the Citie of Brystoll
and the Townes of Ludloo and Stamforde stande that in those Cities the Parson Vicar and Curate of the sayde paryshe and the sayde Maior head officers and inhabitauntes of euery such Citie Borough Towne corporate and paryshe shall make certificat vnto the Iustices of the sayde counties adioynyng to the same Cities Boroughes Townes corporate paryshes and the same Iustices of the sayde adioynyng Countie or Counties to do geue license and folow the order aboue remembred according as other Iustices of the Counties in which the paryshe surcharged standeth is limitted and aucthorised to do And be it also enacted that in all Cities Boroughes Townes corporate within which be diuers paryshes the Maior head officers of euery the same Cities Boroughes Townes corporat shal consider the state abilitie of euery such parishe And yf the same Maior and officers shall vnderstande by their discretion that the parishioners of any one of the sayde paryshes is of such wealth and hauor that they haue no pouertie amongest them or be hable sufficiently to reliefe the pouertie of the paryshe where they inhabite dwell and also to helpe and succour pouertie els where further that then the saide Maior and officers with thassent of two of the most honest substaunciall inhabitauntes of euery such wealthy paryshe shall consider the nedynesse of thinhabitauntes of thother parishe or parishes within the same Citie or Towne corporate and moue induce and perswade the paryshioners of the wealthyer paryshe charitably to contribute somwhat accordyng to theyr habilitie towarde the wekely reliefe succour consolatiō of the poore nedy within the other paryshe or parishes aforesaid where nede is And be it also enacted that all and euery suche poore folkes as by any such license are to be licensed and aucthorised to resort out of the limittes liberties and frauncheses of all and euery such Citie Borough and Towne corporate into any the sayde Counties to begge get gather the charitable almes of good people shall at all tymes when the same goeth abrode to begge weare openly vppon hym or them both on the brest and the backe of his or theyr vppermost garment some notable badge or token to be assigned vnto hym by the Maior or head officers of the same Citie Borough and Towne corporate or Paryshe with thassent of the Iustices of the peace that shall graunt the same license vpon payne to be taken for a valyaunt begger and to be punyshed as afore is remembred and shall also carry his license with hym vpon the lyke payne This Acte to endure to the latter ende of the fyrst session of the next Parliament Prouided alwayes be it enacted by thaucthoritie aforesaide that all and euery summe and summes of money from henceforth to be collected or gathered within the Citie of London the liberties of the same by vertue of this Acte shal be payde ouer to the gouernours of the Hospytall called the Hospytall of Christes Churche within the sayde Citie of London for the tyme beyng and shal be by them from time to time distributed and bestowed for the reliefe of the poore of the sayde Citie accordyng to theyr wysdome and discressions Any thyng in this Acte mentioned to the contrarye notwithstandyng Prouided also and be it enacted by thaucthoritie aforesaide that all and euery sūme and sūmes of money from henceforth to be collected or gathered within the Citie of Couentrie and the liberties of the same by vertue of this Acte towarde the maintenaunce and reliefe of the Hospytall of poore people erected in the sayde Citie shal be payde ouer to suche gouernour or gouernours of the sayde Hospitall as nowe is or hereafter shal be admitted and appoynted by the Maior and Aldermen of the sayde Citie of Couentrie or the more part of them for the tyme beyng And such gouernour or gouernours so admitted and appoynted as aforesaid shall from time to tyme distribute and bestowe for the reliefe of thaforesayde poore within the sayde Citie the sayde summe or summes of money accordyng to theyr wysdomes and discressions Any thyng mentioned in this Acte to the contrary notwithstandyng Prouided alwayes and be it further enacted that the Curate Minister or Reader together with the Wardens of euery Chappel of ease and where no Wardens are the Warden or two of the chiefest of the inhabitauntes resortyng frequentyng the sayde Chappell of ease for hearyng diuine seruice the same inhabitauntes to be nominated and chosen by the same Curate Minister or Reader And also the Collectours and all and euery other person and persons to whom in this behalfe it shall appertayne by force of this estatute shall do execute perfourme and be liable to all and euery such ordinaunce clause article sentence and penalties specified and conteyned in this present Acte for and towardes the reliefe of the poore in like maner fourme as the Vicar Curate Church-wardens and Collectours of euery paryshe Church shall may or ought to do by force of this Act accordyng to the purport and true meanyng of the same not to be compellable to come or resort to theyr Paryshe Church for the same onely purpose or entent Any thing in this Act before specified to the contrary notwithstanding Prouided also that this Acte or any thyng therein conteyned shall not in any wyse extende or be preiudiciall to any gyft legacie conueyaunce or assignement of any maner of landes or other profite heretofore geuen assigned or bequeathed to the reliefe of the poore reparation of hygh wayes or bridges vppon any maner of condition but that the same shal be employed conuerted bestowed and accompted for in such maner and fourme and vpon such condition as the same lawfully was or ought to be before the makyng of this Acte ¶ An Acte touchyng diuers orders for Artificers Labourers seruauntes of husbandry and apprentises ¶ The .iiii. Chapter ALthough there remayne and stande in force presently a great number of Actes statutes concerning the reteynyng departyng wages and orders of apprentices seruauntes labourers aswell in husbandry as in diuers other artes misteries occupations yet partly for the imperfectiō contrarietie that is found do appeare in sundry of the said lawes and for the varietie number of them and chiefely for that the wages alowaunces limitted rated in many of the said statutes are in diuers places to small and not aunswerable to this time respecting the aduauncement of prices of all thinges belonging to the said seruauntes labourers the said lawes can not conueniētly without the great griefe burden of the poore labourer hyred man be put in good due execution And as the said seueral actes statutes were at the time of y e makyng of thē thought to be very good beneficiall for the cōmon wealth of this Realme as diuers of thē yet are So if the substaūce of as many of the said lawes as are mete to be continued shal be digested reduced into one
sole lawe statute in the same an vniforme order prescribed limitted concerning the wages other orders for apprētises seruaūtes labourers there is good hope y t it wyll come to passe that y e same law being duely executed shuld banyshe ydlenes aduaunce husbandry yelde vnto the hyred person both in the tyme of scarsitie in the tyme of plentie a conuenient proportion of wages Be it therfore enacted by thaucthoritie of this present parliamēt that as much of all the estatutes heretofore made euery braunch of thē as touch or concerne the hiring keping departing working wages or order of seruaūtes workmen artificers apprentices labourers or any of them the penalties forfaitures concernyng the same shal be frō after the last day of Septēber nexte ensuing repealed and vtterly voyde of none effect and that all the said statutes and euery braunch therof for any matter conteined in them and not repealed by this statute shal remayne and be in full force effect Any thing in this statute to the contrary notwithstanding AND be it further enacted by the aucthoritie aforesaide that no maner of person or persons after the foresayde last day of September nowe nexte ensuyng shall reteyne hyre or take into seruice or cause to be reteyned hired or taken into seruice nor any person shal be reteined or hired or takē into seruice by any meanes or colour to worke for any lesse tyme or terme then for one hole yere in any of the sciences craftes misteries or artes of Clothyers Wollen cloth weauers Tuckers Fullers Clotheworkers Sheremen Dyers Hosiers Taillers Shomakers Tanners Pewterers Bakers Brewers Glouers Cutlers Smythes Farrors Curryers Sadlers Spurryers Turners Cappers Hat-makers or Felt makers Bowyers Fletchers Arrowhead makers Butchers Cookes or Myllers And be it further enacted that euery person beyng vnmarryed and euery other person beyng vnder the age of .xxx. yeres that after the feast of Easter nexte shall marry and hauyng ben brought vp in any of the sayde artes craftes or sciences or that hath vsed or exercised any of them by the space of three yeres or more and not hauyng landes tenementes rentes or hereditamentes copy holde or free holde of one estate of inheritaunce or for terme of any lyfe or lyues of the clere yerely value of xl.s nor beyng worth of his owne goodes the clere value of x.li and so alowed by two Iustices of the peace of the countie where he hath most cōmonly inhabited by the space of one hole yere and vnder their handes and seales or by the Maior or other head officer of the citie borough or towne corporate where such person hath most commonly dwelled by the space of one whole yere and two Aldermen or two other discrete Burgesses of the same citie borough or towne corporate if there be no Aldermen vnder theyr handes and seales nor beyng reteyned with any person in husbandry or in any of the aforesayd artes and sciences accordyng to this Statute nor lawfully reteyned in any other arte or science nor beyng lawfully reteyned in householde or in any office with any noble man gentelman or others according to the lawes of this Realme nor hauing a conuenient ferme or other holdyng in tyllage whervpon he may employ his labour shall during the tyme that he or they shal so be vnmaried or vnder the sayde age of .xxx. yeres vpon request made by any person vsyng the art or mistery wherin the sayd person so required hath ben exercised as is aforesayde be reteyned and shall not refuse to serue accordyng to the tenor of this Statute vpon the payne and penaltie hereafter mentioned And be it further enacted that no person which shall reteyne any seruaunt shall put away his or her sayd seruaunt and that no person reteyned accordyng to this Statute shall depart from his maister maistres or dame before the ende of his or her terme vppon the payne hereafter mentioned vnlesse it be for some reasonable and sufficient cause or matter to be alowed before two Iustices of peace or one at the least within the sayde Countie or before the Maior or other chiefe officer of the Citie Borough or Towne corporate wherein the sayde maister maistres or dame inhabiteth to whom any of the parties greued shall complayne which said Iustices or Iustice Maior or chiefe office shall haue take vpon them or hym the hearyng and orderyng of the matter betwixt the said maister maistres or dame seruaunt accordyng to the equitie of the cause And that no suche maister maistres or dame shall put away any such seruaunt at th ende of his terme or that any such seruaunt shall depart from his said maister maistres or dame at th ende of his terme without one quarter warnyng geuen before th ende of his sayde terme eyther by the sayde maister maistres or dame or seruaunt the one to the other vpon the payne hereafter ensuyng And be it further enacted by thaucthoritie aforesayd that euery person betwene the age of .xii. yeres the age of threescore yeres not being lawfully reteyned nor apprentice with any Fysherman or Mariner haunting the seas nor being in seruice with any kyddyer or carier of any corne grayne or meale for prouision of the Citie of London nor with any husbandman in husbandrye nor in any Citie Towne corporate or market Towne in any of the artes or sciences limitted or appoynted by this estatute to haue or take apprentices nor being reteyned by the yere or halfe the yere at the least for the dyggyng sekyng fyndyng gettyng meltyng fynyng working trying making of any Syluer Tin Lead Iron Copper Stone Sea cole Stone cole Moore cole or Cherk cole nor being occupied in or about y e makyng of any glasse nor being a gentelmā borne nor being a student or scoller in any of the vniuersities or in any scoole nor hauyng landes tenements rentes or hereditamentes for terme of lyfe or of one estate of inheritaūce of the clere yerely value of xl.s nor beyng worth in goodes and cattels to the value of x.li nor hauyng a father or mother then lyuyng or other auncestour whose heyre apparaunt he is then hauyng landes tenementes or hereditaments of the yerely value of x.li or aboue or goodes or cattels of the value of .xl. li. nor beyng a necessary or conuenient officer or seruaunt lawfully reteyned as is aforesayde nor hauyng a conuenient ferme or holdyng whervpon he maye or shall employe his labour nor being otherwyse lawefully reteyned according to the true meanyng of this statute shall after the foresaide last day of September nowe next ensuing by vertue of this estatute be compelled to be reteyned to serue in husbandrye by the yere with any persō that kepeth husbandry wyl require any such persō so to serue within the same shire where he shal be so required AND be it further enacted by the aucthoritie of this present Parliamēt that if any person after he hath reteined any seruaunt shall put away the
same seruaunt before th ende of his terme vnlesse it be for some reasonable and sufficient cause to be alowed as is aforesayde or if any such maister maistres or dame shall put away any such seruaunt at th ende of his terme without one quarters warnyng geuen before the said ende as is aboue remembred that then euery such maister maistres or dame so offending vnlesse he or they be able to proue by two sufficiēt witnesses such reasonable sufficient cause of putting away of their seruaūt or seruaūtes duryng theyr terme or a quarters warnyng geuen afore the ende of the said terme as is beforesaid before the Iustices of Oyer terminer Iustices of assise Iustices of the peace in the quarter Sessions or before the Maior or other head officer of any citie borough or towne corporate two Aldermen or two other discrete Burgeses of the same citie borough or towne corporate if there be no Aldermen or before the Lorde president counsell established in the marches of Wales or before the Lord president and counsell for the time being established in the North parties shal forfait the sūme of xl.s. And if any seruaunt reteyned according to the fourme of this estatute depart frō his master mastres or dames seruice before the end of his terme vnlesse it be for some reasonable sufficient cause to be alowed as is aforesaid or if any seruaūt at th end of his terme depart frō his sayd master mastres or dames seruice without one quarters warning geuē before th end of his said terme in forme aforsaid before .ii. lawful witnesses or if any persō or persōs cōpelable bounden to be reteined to serue in husbandry or in any other the artes sciences or misteries aboue remēbred by the yere or otherwise do vpō request made refuse to serue for the wages y t shal be limitted rated appoynted according to y e forme of this statute or promise or couenaūt to serue do not serue according to y e tenor of y e same that thē euery seruaūt so departing away euery person so refusing to serue for such wages vpon cōplaint therof made by the master mastres or dame of y e said seruaūt or by the partie to or with whō y e said refusal is made or promis not kept to .ii. Iustices of the peace of the countie or to y e Maior or other head officer of the citie borough towne corporate .ii. Aldermen or .ii. other discrete Burgesses of y e same citie borough or towne corporat if there be no Aldermē where the said master mastres or dame or the said partie to or with whō y e said refusal is made promis not kept dwelleth or to either of the said Lordes presidentes counsel of Wales the North the said Iustices lordes presidentes coūsels also the said Maiors or other head officers other persons of cities boroughes or townes corporate or any of thē as is aforesaid shall haue power by force of this statute to heare examine the matter and fyndyng the sayde seruaunt or the said partie so refusyng faultie in the premisses vpō such proufes good matter as to their discressiōs shal be thought sufficient to commit hym or them to warde there to remayne without bayle or maynpryse vntyll the sayde seruaunt or partie so offendyng shal be bounde to the partie to whom th offence shal be made to serue and continue with hym for the wages that then shal be limitted and appoynted according to the tenor fourm of this estatute and to be discharged vpon his delyuery without paying any fee to the gayler where he or they shal be so imprisoned AND be it lykewyse enacted by thaucthoritie aforesayde that none of the said reteyned persons in husbandry or in any the artes or sciences aboue remembred after the tyme of his reteynour expired shal depart forth of one Citie Towne or Parishe to another nor out of the Lathe Rape Wapentake or Hundred nor out of the Countie or Shire where he last serued to serue in any other Citie Towne corporate Lathe Rape Wapentake Hundred Shire or Countie vnlesse he haue a testimoniall vnder the Seale of the said Citie or Towne corporate or of the Constable or Constables or other head officer or officers and of two other honest householders of the Citie Towne or Paryshe where he last serued declaring his lawefull departure and the name of the Shire and place where he dwelled last before his departure accordyng to the fourme hereafter expressed in this Acte which certificat or testimoniall shal be wrytten and delyuered vnto the sayde seruaunt and also registred by the Parson Vicar or Curate of the paryshe where such maister maistres or dame doth or shall dwell takyng for the doyng thereof ii.d. and not aboue and the fourme thereof shal be as foloweth Memorand that A B. late seruaunt to C D. of E. husbandman or Taillour c in the sayd Countie is licensed to depart from his sayde maister and is at his libertie to serue els where accordyng to the Statute in that case made and prouided In witnesse wherof c dated the day moneth yere place c of the making therof And be it further enacted by thaucthoritie aforesaid that no person or persons that shal depart out of seruice shal be reteyned or accepted into any other seruice without shewing before his reteinor such testimonial as is aboue remembred to the chiefe officer of the towne corporate and in euery other towne place to the Constable Curate Churchwarden or other head officer of the same where he shal be reteyned to serue vpon the paine that euery such seruaūt so departing without such certificat or testimonial shal be imprisoned vntyll he procure a testimoniall or certificat the whiche yf he cannot do within the space of .xxi. dayes next after the first day of his imprisonment then the said person to be whipped vsed as a vacanbond accordyng to y e lawes in such cases prouided And that euery person reteyning any such seruaunt without shewyng such testimonyall of certificat as is aforesayde shall forfeyte for euerye suche offence fyue poundes And yf any suche person shal be taken with any counterfeyte or forged testimoniall then to be whipped as a vagabound And be it further enacted by the auctoritye aforesayde that all artificers and laborers beinge hyred for wages by the daye or weeke shall betwixt the middes of the monethes of Marche and September be and continue at their worke at or before fyue of the cloke in the mornynge and continue at worke and not departe vntyll betwixt seuen and eyght of the clocke at night except it be in the tyme of breakefast dynner or drynkynge the whiche tymes at the most shall not excede aboue two houres and a halfe in the daye that is to saye at euery drynkynge one halfe houre for his dynner one houre and for his slepe when he is allowed to slepe the whiche is from
within the lymittes of the Watche of the saide towne may vse and exercise suche artes misteries and occupations and take and vse apprentices and seruauntes in suche maner and fourme as the inhabitauntes within market townes by this statute may lawfully do Prouided alwayes and be it enacted by the auctoritie aforesayde that all maner amerciamentes fynes issues and forfeitures whiche shall ryse growe or come by reason of any offences or defaultes mencioned in this acte or any braunche thereof within any Citie or towne corporate shal be leuyed gathered and receaued by suche person or persons of the same Citie or towne corporate as shal be appointed by the Maior or other head officers mentioned in this saide acte to the vse and maintenance of the same Citie or towne corporate in suche case and condition as any maner other amerciamentes fynes issues or forfeitures haue ben vsed to be leuyed and imployed within the same Citie or towne corporate by reason of any graunt or charter from the Quenes Maiestie that nowe is or of any her graces noble progenitours made and graunted to the same Citie borowe or towne corporate any thyng or clause before mentioned and expressed in this act to the contrary notwithstandyng Prouided alwaies that this acte or any thing therin conteyned shal not extend to any lawfull reteyninges or couenauntes had or made before the makynge of this acte but that all and euery the parties to suche reteyninges or couenauntes shall and may haue the same and lyke auantages of such reteyninges couenauntes and of the statutes heretofore in that behalfe prouided as if this acte had neuer ben had nor made Any clause of repeal or other matter whatsoeuer in this acte to the contrary in any wyse notwithstanding And be it further enacted by the aucthoritie aforesayde that if any seruaunt or apprentice of husbandry or of any arte science or occupation aforesaid vnlawfullye departe or flee into any other Shire that it shal be lawfull to the saide Iustices of peace and to the saide Maiors Bayliffes and other head officers of Cities and townes corporate for the tyme beinge Iustices of peace there to make and graunte writtes of Capias so many and suche as shal be nedeful to be directed to the Sheriffes of the Counties or to other head officers of the places whyther suche seruauntes or apprentices shall so departe or flee to take their bodies returnable before them at what tyme shall please them so that if they come by suche proces that they be put in prison tyll they shall finde sufficient suertie well and honestly to serue their maisters maistresses or dames from whome they so departed or fledde accordinge to the order of the lawe Prouided alwayes that it shal be lawful to the highe Constables of hundredes in euery Shire to holde kepe and continue petie Sessions otherwise called statute Sessions within the lymittes of their auctorities in all Shires wherein suche Sessions haue ben vsed to be kepte in suche maner and fourme as heretofore hath ben vsed and accustomed so as nothinge be by them done therein contrarie or repugnaunt to this present Acte ¶ An Acte touching certaine politique constitutions made for the maintenaunce of the Nauye The .v. Chapter FOr the better maintenaunce and encrease of the Nauye of this Realme of England Be it enacted by the Quenes most excellent Maiestie with the assent of the Lordes spirituall and temporall and the Commons in this present Parliament assembled and by the aucthoritie aforesaid that from the first daye of Aprill Anno Domini M.D.lxiiii and so from thense fourth it shal be lawfull to all and euery of the subiectes of our soueraigne Lady the Quene her heires and successours at his their will and pleasure to carry and transporte out of this Realme in the Shippes or other vessels of any the subiectes aforesaid all and euery kyndes of hearring and other Sea fishe to be taken vpon the Seas by any of the subiectes aforesayd and acte of Parlyament or lawe to the contrary notwithstanding and that all and euery person and persons which shal by vertue of this acte transporte or carry any hearringes or other Sea fishe from or oute of any porte or harborough of this Realme to any place out of the dominions of the Quenes Maiestie her heires or successours shal be free from payment of any custome subsedie or pondage monye for the same fyshe so carryed or transported duringe the space of .iiii. whole yeres beginning at the said first day of Aprill M.D.lxiiii and so further during her Maiesties pleasure And be it further enacted by the auctoritye aforesaid that from the first daye of Maye next commynge it shall not be lawfull to any person or persons in any port Citie towne market or other place within this Realme to set price make any restraynte or take or demaunde tolle or taxe of any Sea fishe to be brought into this Realme or any part hereof being taken by any of the subiects aforesaid in the Shippes or other vessels of the same subiectes vppon payne to euery person offendyng contrary to the meanyng hereof to forfeite the value of the fyshe so restrayned prysed tolled or taxed Any libertie custome graunte pryuiledge or other matter whatsoeuer to the contrary in any wyse notwithstandynge Prouided alwayes that this present acte nor any thinge therein conteyned shal be preiudiciall or hurtfull to the Maior and Burgesses of the Kynges towne vpon Hull or their successors Maiors and Burgesses of the same towne or to any other officer or minister of the same towne at any tyme hereafter but that they and euery of them maye receyue haue and take all and euery suche tolle customes and summes of money of all and euery suche persone and persons as is lymitted appointed and set fourth by them to be taken in an acte of Parlyament made in the .xxxiii. yere of the reigne of our late Soueraigne lord Kyng Henry the eyght And that neither the saide Maior and Burgesses of Kyngston vpon Hull nor any inhabitaunte there or any of them shal take any aduauntage of that article of this Estatute for the cariage of any hearrynges or salted fishe to anye the parties beyond the Sea Any thing in this present acte mentioned conteined specified or declared in any wyse to the contrary notwithstanding Be it also enacted by the aucthoritie aforesaid that no purueyour or other persone whatsoeuer shall from the said first day of Maye by vertue of any commission or otherwise take any hearring or Sea fishe from any of the subiectes afore mentioned that shall take the same in the Shippes or other vessels of the saide subiects as it is abouesaid otherwise then by agrement of the owners or sellers of the same fishe vpon payne for euery purueyour and other person whatsoeuer offending contrary to the tenour of this acte to forfeite the double value of the hearringes or fishe so to be taken And it shal be lawful for any person being owner or
Information made by any person or persons against any offender or offenders of this acte in any cause saue for the eatinge of fleshe firste before speciallie lymitted that then euery such person so conuict vpon any Information shal lose suche forfeiture as is before lymitted the one halfe thereof to be to suche as so shall make the Information and the other halfe to those whiche vpon presentement without speciall Information are before lymitted to haue the whole forfeiture And that for the leuyinge of euery forfeiture growing by this estatute aswel the saide Lorde Admirall of England Lorde warden of the Syncque portes theyr Lieuetenaunts and Iudges as the sayde Iustices Maiors Sheriffes Bayliffes and other head officers within the lymittes of their Commissions or aucthorities haue and shall haue full power and aucthoritie to make such proces as they shal thinke good by their discressions Prouided alwayes that none Information at the suâ—e of an persone concernynge this acte shal be of any effect to put anye person to aunswere or losse of forfeiture excepte the sayde Information be commenced within halfe a yere nexte after the offence done contrary to this acte nor that any Information or presentment for the Quenes Maiestie her heires or successours or for the Admirall warden of the Sinque portes Maiors or other officers aforesaide be of any effecte to put any person to any aunswere or losse of any forfeiture by vertue of this acte excepte the saide Information or presentment be within one yere nexte after the offence done and committed contrary to this acte Prouided and be it likewise enacted that it shal be lawfull to any person or persons to haue at his or their table vpoÌ„ euery wednesdaye beinge ordered by this estatute to be obserued as a fishe daye one onely vsual competent dishe of fleshe of one kind and no mo so that he she or they haue also serued to the same table and mease at the same meale their ful competent vsuall dishes of Sea fishe of sundry kyndes eyther freshe or salt and that without fraude or couyn and so shall also order that the same fishe be mete and seasonable and that it shal be eaten or spent in like maner as vpon Fridayes or Saterdayes in like cases are vsed And that also such persons as haue or hereafter shall haue vpon good and iust considerations any lawfull license to eate fleshe vpon any fishe day except suche persons as for sicknes shall for the tyme be licensed by the Bishop of the dioces or by their Curates or shal be licensed by reason of age or other impediment allowed heretofore by the Ecclesiasticall lawes of this Realme shal be bounde by force of this statute to haue for euery one dishe of fleshe serued to be eaten at their table one vsuall dishe of Sea fishe freshe or salte to be likewyse serued at the same table and to be eaten or spent without fraude or couin as the lyke kinde is or shal be vsually eaten or spent on Saterdayes And that these two articles and clauses next aboue shal be taken and interpreted from tyme to tyme in the fauoure of expence of Sea fishe and that the offendour or offendours herein shal be punished in lyke maner as is ordered by this estatute for punishment of suche as shall eate fleshe vpon Fridayes Saterdayes or other fishe dayes And because no maner of person shall misiudge of the intent of this estatute limittinge orders to eate fishe and to forbeare eatinge of fleshe but that the same is purposely intended and ment politikely for the increase of Fishermen Mariners and repairing of port townes and nauigation and not for any superstition to be mainteyned in the choyse of meates Be it enacted that who soeuer shall by preachinge teachinge writinge or open speache notifie that any eating of fishe or forbearinge of fleshe mentioned in this statute is of any necessitie for the sauinge of the soule of man or that it is the seruice of God otherwise then as other politike lawes are and be that then suche person shal be punished as spreaders of false newes are or ought to be Be it enacted in the fauour of Fyshermen Mariners haunting the sea as Fyshermen or Mariners that none of them shall hereafter at any tyme be compelled agaynst his or theyr wyll to serue as any souldiour vppon the lande or vpon the sea otherwyse then as a Mariner except it shal be to serue vnder any Captayne of some shyp or vessell for landyng to do some speciall exploit whiche Mariners haue vsed to do or vnder any other person hauing aucthoritie to withstande any inuasion of enemies or to subdue any rebellion within the Realme and also except all such persons as by tenure lawefull custome or couenaunt be or shal be otherwyse bounde to serue Prouided alwayes and be it enacted by aucthoritie aforesayde that this Acte or any thyng therin conteyned shall not extende to take away or diminishe any libertie priuiledge fraunches forfaiture or amerciament fines issues wreckes of the Sea or any other lawfull inheritaunce or free holde from any person or persons bodyes politique or corporate theyr heyres or successours for or touchyng any lawfull libertie aucthoritie or iurisdiction admirall or for conseruation of any water that they or any of them nowe haue lawfullye or hereafter shall haue Any thyng in the same to the contrary notwithstandyng Prouided alwayes and be it further enacted by the aucthoritie aforesayde that no Fysherman vsyng or hauntyng the sea shal be taken by the Quenes Maiesties Commission to serue her hyghnes as a Mariner on the Sea but that the sayde Commission be first brought by her hyghnes taker or takers to two Iustices of peace next adioynyng and inhabytyng to the sayde Sea costes Townes or other places where the sayd Mariners are so to be taken to the intent the sayde Iustices may chose out and cause to be returned such sufficient number of able men as in the saide CoÌ„mission shal be conteyned to serue her Maiestie as is aforesayde Sauyng alwayes to the Sinque Portes and also to the towne of great Yarmouth all such lawfull liberties as they iustly haue before the makyng of this Acte touchyng the free fayer kepte at Yarmouth other then in bying of straungers and takyng of toll as the same be before prohibited Prouided alwayes that any thyng in this Acte conteyned shall not be hurtfull or preiudiciall to any aucthoritie style preheminence dignitie or iurisdiction belongyng to the office of the Lord warden of the Sinque Portes Prouided alwayes that it shall and may be lawfull to and for any person or persons beyng straungers borne to bryng yerely in any Shyp Bottome or Vessell wherof any stranger or strangers borne is or shal be owner or owners into the Hauens Portes and Townes of the Isle of man or into any of them any of the wynes made in any of the dominions or countreys belongynge to the Crowne of Fraunce and in the same Portes and
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
default contempt by him made against the proclamation of any of the saide writtes so infinitelye to be awarded against hym shall incurre lyke payne and forfaiture of xx.li which shall lykewyse be extreated in maner and fourme aforesayde And be it further enacted by thaucthoritie aforesaid that when any person or persons shall yelde his or theyr body or bodyes to the handes of the sheriffe or other officer vpon any of the saide writtes of Capias that then the same partie or parties that shal so yeld them selues shall remayne in the prison and custody of the sayde sheriffe or other officer without Bayle Baston or maynpryse in suche lyke maner and fourme to all intentes and purposes as he or they shoulde or ought to haue done if he or they hadde ben apprehended and taken vpon the sayde writte of Excomunicato capiendo And be it further enacted by thaucthoritie aforesaid that if any Sheriffe or other officer by whom the sayde writte of Capias or any of them shal be retourned as is aforesayde do make an vntrue retourne vpon any of the sayde writtes that the partie named in the saide writte hath not yelded his body vpon the said proclamations or any of them where in dede the partie did yelde him selfe accordyng to the effect of the same That then euery suche Sheriffe or other officer for euery such false and vntrue retourne shall forfait to the partie grieued dampnified by the said retourne the sūme of xl.li For the which summe of xl.li the said partie grieued shal haue his recouery and due remedie by action of debt byll playnt or information in any of the Quenes courtes of Record in which action byll playnt or information no essoigne protection or wager of lawe shal be admitted or alowed for the partie defendaunt Sauyng and reseruing to all Archbyshops and Byshops and all others hauing aucthoritie to certifie any person excommunicated lyke aucthoritie to accept receaue the submission and satisfaction of the sayde person so excommunicated in maner and fourme heretofore vsed and hym to absolue and release and the same to signifie as heretofore it hath ben accustomed to the Quenes Maiestie her heyres and successours into the hygh court of Chaūcery and thervpon to haue such writtes for the deliueraunce of the said person so absolued released from the Sheriffes custody or prison as heretofore they or any of them had or of ryght ought or myght haue had Any thyng in this present Statute specified or conteyned to the contrary hereof in any wyse notwithstandyng Prouided alwayes that in Wales the Counties palatines of Lancaster Chester Durham and Eley in the Sinque portes beyng iurisdictions and places exempt where the Quenes Maiesties writte doth not runne and proces of Capias from thence not retournable into the sayde Courte of the kynges Benche after any significauit beyng of recorde in the sayde court of Chauncerye the tenour of such Significauit by Mittimus shal be sent to such of the head officers of the sayde countrye of Wales Counties palatines and places exempt within whose offices charge or iurisdiction the offendour shal be resiaunt that is to say to the Chauncelour or Chamberlayne for the sayde Countie palatine of Lancaster and Chester and for the Sinque portes to the Lorde Warden of the same and for Wales and Eley and the Countie palatine of Durham to the chiefe Iustice or Iustices there And therevpon euery of the saide Iustices and officers to whom such tenour of Significauit with Mittimus shal be directed and delyuered shall by vertue of this estatute haue power and aucthoritie to make lyke proces to the inferiour officer and officers to whom the execution of proces there doth appertayne returnable before the Iustices there at their next Sessions or Courtes two monethes at the least after the Teste of euery suche proces So alwayes as in euery degree they shal proceade in their Sessions and Courtes agaynst the offendours as the Iustices of the sayde Courte of Kynges Benche are limitted by the tenour of this Acte in Terme tymes to do and execute Prouided also and be it enacted that any person at the tyme of any proces of Capias afore mentioned awarded beyng in pryson or out of this Realme in the Parties beyonde the Sea or within age or of non sane memorie or woman couert shall not incurre any of the paynes or forfaitures afore mentioned whiche shall growe by any retourne or default happenyng duryng such tyme of nonage imprisonment beyng beyonde the Sea or non sane memorie And that by vertue of this estatute the partie greued may pleade euery such cause or matter in barre of and vpon the distresse or other proces that shal be made for leuying of any of the sayde paynes or forfaitures And that yf thoffendour agaynst whom any suche writte of Excomunicato capiendo shal be awarded shall not in the same writte of Excomunicato capiendo haue a sufficient and lawfull addition accordyng to the fourme of the estatute of prime of Henry the .v. in cases of certaine suites whervpon proces of exigent are to be awarded Or if in the Significauit it be not conteyned that thexcommunication doth proceade vpon some cause or contempt of some originall matter of heresye or refusyng to haue his or theyr chylde baptised or to receaue the holy Communion as it is nowe commonly vsed to be receaued in the Churche of Englande or to come to diuine seruice nowe commonly vsed in the sayde Churche of Englande or errour in matters of religion or doctrine nowe receaued and allowed in the sayde Churche of Englande incontinencie vsury simonie periury in the Ecclesiasticall court or Idolatrye That then all and euery paynes and forfaitures limitted agaynst suche persones excommunicate by this estatute by reason of such writte of excomunicato capiendo wantyng sufficiēt addition or of such Significauit wanting all the causes afore mentioned shal be vtterly voyde in lawe and by waye of plea to be alowed to the partie grieued And yf the addition shal be with a nuper of the place then in euery such case at the awarding of the first Capias with proclamation according to the fourme afore mentioned one writte of proclamation without any payne expressed shal be awarded into the Countie where the offendour shal be most commonly resyant at the tyme of the awardyng of the sayde first Capias with payne in the same writte of proclamation to be retournable the daye of the retourne of the sayde fyrst Capias with payne and proclamation therevpon at some one such tyme and court as is prescribed for the proclamation vpon the sayde fyrst Capias with payne And yf such proclamation be not made in the Countie where thoffendour shal be moste commonly resiaunt in such cases of additions of nuper that then such offendour shal susteine no payne or forfaiture by vertue of this estatute for not yeldyng his or her bodye accordyng to the tenour afore mentioned Any thing before specified
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
the Iustices of the greate Session in any of the said Shires or Countie Palatines or their deputies there or els after apparaunce of a full Iurye by challenge of any of the parties the Iurie is lyke to remayne vntaken for defaulte of Iurours that then the same Iustices in euery of the said Shires and Countie Palatines for the tyme beinge or their deputie or deputies vpoÌ„ request made by the partie plaintife or demaundaunt sâ—â—l haue full aucthoritie by vertue of this Acte to commaunde the Sheriffe or other Minister or Ministers to whom the makynge of the saide Returne shall apperteyne to name and appointe as often as nede shall require so many of suche other able persons of the sayde Counties then present at the saide greate Session as shall make vp a full Iurye whiche persons so to be named and impanelled by suche Sheriffe or other Minister or Ministers shal be added to the former panell their names annexed to the same And that euery of the parties shal may haue his or their challenge to the Iurours so named added and annexed to the saide former panell by the sayde Sheriffe or other minister or ministers in suche wise as yf they had ben impanelled vppon the venire facias awarded to trye the sayde issue And that the sayde Iustices and euery of them and their deputie or deputies shall and maye proceade to the tryall of euery suche Issue with those persons that were before impanelled retourned with those newly added and annexed to the saide former panell by vertue of this acte in suche wise as they might or ought to haue done yf all the sayde Iurours had ben retourned vppon the writte of venire facias awarded to trye the saide issue And that all and euery suche tryall had shal be as good and effectuall in the lawe to all intentes constructions purposes as if such tryal had ben had and tryed by .xii. of the Iurours impanelled retourned vpon the writ of venire facias awarded to trye suche issue And in case suche persons as the saide Sheriffe minister or ministers shall name and appointe as is aforesayde or any of them after they shal be called be presente and do not appeare or after his or their appearaunce do wilfullie withdrawe him or them selues from the presence of the Court that then suche Iustices or their deputies shall and maye set suche syne vpon euery suche Iurour makynge defaulte or wilfully withdrawinge hym selfe as aforesaide as they shall thinke good by their discressions the said fyne to be leuied in suche maner and fourme as issues forfaited and loste by Iurours for defaulte of their apperaunce as is prouided by the lawe and custome of the said Countreys of Wales Counties Palatines aforesaide where suche issues are forfaited And be it further enacted by the aucthoritie aforesaide that where any Iurye that shal be retourned by the Sheriffe or other Minister or Ministers shal be made full by the commaundemente of the sayde Iustices or their deputies by vertue of this present Acte that yet neuerthelesse such persones as were retourned in the sayde panel by the Sheriffe or other Minister or Ministers to trye any suche issue that shall not appeare but make defaulte shall lose the issues vpon them retourned in such wise as though the same Iurye had remayned for defaulte of Iurours Prouided alwayes be it further enacted that vpon a reasonable excuse for the defaulte of appearaunce of any Iurour or Iurours sufficiently proued before the Iustices of the greate Sessions or their deputies in the Countryes and Countyes Palatines aforesaid at the daye of their appearaunce by the othes of two lawfull and honest wytnesses that the same Iustices shall haue aucthoritie by their discressions to discharge euery suche Iurour of euery suche forfaiture of issues vpon hym retourned and that the saide Sheriffe or Sheriffes or other Minister or Ministers hauyng commaundement by the sayde Iustices to omit the retournynge of suche issues as is aforesaid vpon suche Iurour or Iurours shal be therein discharged of the penalties aforesaide for the non retournynge of the saide Issues and that yet notwithstanding the said retourne to be good and effectuall in the lawe Any lawe vsage ordinaunce or custome to the contrary notwithstandyng Prouyded also and be it enacted by the aucthoritie aforesaid that if the saide Iustices or their deputies afore whome any suche Iurye should appeare in the Shieres or Counties Palatines where suche issue is to be tryed do not come at the daye and place appointed that then euery one of the same Iurours shal be discharged for forfaitynge of any Issues vpon him retourned in the same writ And the Sheriffe or other Minister or Ministers shal be lykewyse discharged of the penalties of this estatute for the non retournynge of suche Issues as are before lymitted in this Acte Any article or sentence herein conteyned to the contrary notwithstandynge And also be it further enacted by the aucthoritie aforesaid that if vpon any such writ of habeas corpora or distringas issues be retourned vpoÌ„ any hundredours Iurour or Iurours by the Sheriffe or other Minister or Ministers to whom the execution of the same writ or writtes shal apperteyne where as the same hundredours and Iurours shall not be lawfully somoned warned or distreyned in that behalfe that then euery suche Sheriffe or other Minister or Ministers aforesaide shall lose for euery suche offence so committed double so muche as the said Issues retourned vppon suche hundredours or Iurours not lawfullie somoned warned or distreyned shall amounte vnto the moytie of all whiche forfaitures conteyned in this present Acte other then the issues to be retourned vpon the Iurours as is aforesaid shal be to the Quene oure soueraigne Lady her heires and successours and the other halfe to hym that will sue for the same by action of dette bill plainte or information in the Quene her graces great Court within the sayde Countie where suche forfaiture shall happen to be before the sayde Iustices his or their deputie or deputies in whiche no wager of lawe essoygne or protection shal be allowed ne admitted Sauinge to all maner of persons and bodyes polytike and corporate their heyres and successours hauynge lawfull right tytle and interest to haue suche issues to be before anye suche Iustices or their deputies at any tyme or tymes hereafter loste and forfaited all suche right tytle and interest as they or any of them shoulde or ought to haue had to suche Issues to be loste and forfeyted as though this Acte had neuer ben had or made Prouyded also that this Acte nor anye thynge therein conteyned shall not extende to any Citie or towne corporate or so any Sheriffe minister or ministers in the same for the retourne of any inquest or panell to be made and retourned of persons inhabytynge in the sayde Cities or townes corporate but that they and euery of them shall and maye retourne such persons in euery suche inquest or