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

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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
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
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