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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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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
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.
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
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
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 su●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 vpō 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 Cōmission 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
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
or put the same into tyllage and hath or shall kepe the same grounde for that cause only in tyllage by the space of foure yeres togethers that this Act or any thyng therin conteined shal not compel any person or persons to continue or put in tyllage the said pasture heath barren or wast grounde so eared Any thing before expressed in this act to the contrary therof notwithstanding Prouided alwayes that this Act or any prouision clause or article therin conteyned shall not be vnderstand or expounded to extende or be in any wyse preiudiciall to those partes or porcions of groundes wherin any ower of Leade Tin or Iron or Coles comly called sea cole stone cole or moore cole haue ben are or hereafter shal be vsually gotten by meanes wherof the same groūdes can not conueniently be put kept in tyllage This Acte or any other law vsage or custome to the contrary in any wyse notw tstanding Prouided also that this Acte nor any thyng therein conteyned shal extende to compell any person or persons to put in tyllage any landes or groundes within any forest or chase excepte the forest of Snowden in Northwales otherwyse then before the makyng of this Statute he or they ought or were bounde to do This Acte to endure to the ende of the next session of Parliament Prouided alway y t this statute or any thyng therin conteyned shal not extend to cōpell any inhabitant of y e coūties of Northūberland Westmerland or Cūberland to reedifie maintein or to kepe in manurance any house or ground y t shal be ouerthrowē burned destroyed wasted or decayed by enemies or by any occasiō of warres or inuasiōs during y e warres or win .iiii. yeres after y e conclusiō of peace next folowing such ouerthrowing burning destructiō wasting or other thyng in this present Act to the contrary notwithstandyng And forasmuch as this Acte shall continue but to the ende of the nexte session of Parliament Be it therefore enacted by auctoriritie aforesayde that no person or persons shall from henceforth conuert from tillage to pasture any grounde whiche was in tillage the fyrst day of thys Parliament other then suche as they myght lawfully haue conuerted from tyllage to pasture before the makinge of this Act Any thynge contayned in thys Acte to the contrary notwithstandynge ¶ An Act for the reliefe of the poore ¶ The .iii. Chapter TO thintent that ydle and loyterynge persons and valiaunt beggers may be auoyded and thimpotent feble and lame whiche are the poore in very dede should be hereafter relieued and well prouyded for Be it enacted by the Quene our soueraygne Lady with thassent of the Lordes spirituall and temporall and the commons in thys present parliament assembled by thaucthoritie of the same that the statute made in the .xxii. yeare of the late kinge of famous memory kinge Henry theight and also the statute made in the thyrde and fourth yeres of the reigne of the famous kyng Edwarde the syxt concerninge beggers vagaboundes and ydle persons and euery article clause braunche sentence and other thynges conteyned in them and eyther of them other then suche thynges as shal be by thys present Acte otherwise ordayned and prouided for shall stande remayne and be in their full force and effect and shal be also from henceforth iustly and truely put in execution accordynge to the true meaninge of the sayde seuerall statutes and euery of them AND further be it enacted by thaucthoritie aforesaide that yerely vpon the Sunday next before the feast day of the Natiuitie of S. Iohn Baptist commonly called Midsomer day in euery Citie Borough and Towne corporate the Maior Bayliefes or other head officers for the time being in euery other paryshe of the coūtrey the Parson Vicar or Curate churchwardens shal haue written in a Register or boke to be prouided by them aswel the names of the inhabitaūtes housholders within their citie Borough Towne corporate or paryshe as also the names of all such impotent aged nedy persons as be within their citie Borough Towne corporate or paryshe which are not hable to liue of them selues nor with their owne laboure shal openly in the church quietly after diuine seruice call y e said housholders inhabitantes together among whō y e Maior or other head officers and two of the chiefe inhabitauntes in euery suche Citie Borough and Towne corporate suche as the Maior or other head officers shall thynke meete And the Parson Vycar or Curate and Churchwardens in euery other paryshe shall elect nominate and appoynt yerely two hable persons or mo to be gatherers and Collectours of the charitable almes of all the residue of the people inhabytyng in the paryshe wherof they be chosen Collectours for the reliefe of the poore Which Collectours the Sunday next after their election or the Sundaye folowing yf nede require when the people are at the Church at diuine seruice shal gentelly aske and demaunde of euery man and woman what they of theyr charitie wyl be contented to geue wekely towardes the reliefe of the poore and the same to be wrytten in the sayde Regester or booke And the sayde gatherers so beyng elected and chosen shall iustly gather and truely distribute the same charitable almes wekely by them selues or theyr assignes to the sayde poore impotent persons of the sayde Cities Boroughes Townes corporate and Paryshes without fraude or couin fauour or affection and after such sorte that the more impotent may haue the more helpe and suche as can get part of theyr lyuyng to haue the lesse and by the discression of the Collectours to be put in such labour as they be fyt hable to do but none to go or syt openly a beggyng vpon payne limitted in the aforesaid Statutes And yf the sayde Maiors Baylyffes head officers Parson Vicar Curate and Churchwarden or any of them faile in the doyng and executyng of the premisses in fourme aboue declared he or they so makyng default to forfeyte for euery suche default xl.s to be employed to the vse of the poore of that paryshe where he or they do inhabite to be leuyed by the Collectours of the same paryshe by way of distresse or otherwyse as is appoynted in this Acte for leuying of lyke forfaitures And be it enacted by thauctoritie aforesayd that no person or persons so elected nominated appoynted to be gatherer or gatherers as is aforesayd shall refuse the sayd office but shall iustlye and truelye execute the same by the space of one whole yere next ensuyng such election vppon payne to forfaite x.li th one moitie therof to the Churchwardens of the paryshe where he or they shal be elected Collectour and thother moitie therof to the vse and reliefe of the poore of the saide parishe to be leuied by the Churchwardens where they or he dwelleth of the goodes of the sayde gatherer or gatherers so refusyng by distresse or els by action of debte byll playnt or information to
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
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
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
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
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
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