be forthwith sent by a Testimonial from Parish to Parish by the Officer of every the same the next way to the Parish where he or she was Born or last Dwelt and for want of one of those Places being known then to the Parish thro' which he or she last passed without Punishment there to abide and behave him or her self as a good Subject ought to do And if the said Person do not accordingly then to be again taken and Whipped in every Place so often as Default shall be found in him or her contrary to the Form of this Statute The Minister shall Register the Substance of the Testimonial in a Parish-Book for that purpose upon pain to Forfeit Five Shillings for every Default 39 Eliz. 4. It is a Trader Wandring abroad who either hath no lawful and settled Habitation or else doth Wander from it to sell or expose any Wares to sale that makes or describes a Pedler or Petty-Chapman as appears by the Exception for Glass-Men who might then wander by Licence but that Clause being since repealed by 1 Jac. I. Cap. 7. Note therefore That now all Licences for Pedling or Hawking are against Law The Pedlers are either Horse or Foot greater or smaller the Law has made no Distinction between them but if they Wander Abroad or about from one place to another or are taken Wandring whether nearer their Habitations if they have any or further off from it they are Obnoxious alike And tho' they have for want of due Prosecution grown much bigger since this Law was made yet on Tryal they will find the Law still too big for them and it is as much the Duty of every Constable and other Officer to cause the Horse-Pedlers to be Whipped as the Foot-Pedlers or Petty-Chapmen for the greater the Pedler the greater the Offender and the more Mischief to the Publick And it is a vulgar Error That a Pedler may Travel about so far as he may return home at Night or that he may so Wander about because he is a House-keeper No every such Wandring Person must be taken up in any Place where he can be found Wandring by a Justice or by a Constable or by any other Officer as the Statute doth Direct with a Warrant or without a Warrant nay tho' there be neither Justice or Constable present If he appear to be such a Wanderer he must forthwith viz. On his Apprehension be Dealt with and Punished by the Headburrough or Tithing-Man and forwith pass'd away as the Statute doth direct If the Constable or other Officer cannot cause the Law to be Executed by Commanding some Inferiour Officer or other Person to do it he must do it himself and so as the Statute Directs or he incurs not only the Penalty of 10 s. by this Statute and 20 s. by 14 Car. II. Cap. 12. but breaks his Oath as a Constable Yet it was by this Act Provided That Glass-Men that Wandered by Licence from two Justices of the Peace were excepted and permitted to Travel But it was soon found thereupon That so many Notorious Rogues took upon them to Exercise the Trade of Glass-Men and did Wander and Travel about divers Countreys and commit many petty Fellonies for which Reason 1 Jac. I. Cap. 7. That Clause was Repealed And all Persons Wandring up and down to sell Glasses are again to be Adjudged and Taken as Rogues and Vagabonds and to be Punished accordingly as by the Act of 39 Eliz. Cap. 4. This Statute of 1 Jac. I. Cap. 7. most plainly shews the meaning of the other viz. Who are to be Deem'd and Punished as Rogues and Vagabonds and that by Pedlers and Petty-Chapmen are mean'd Traders and such as Carry and Wander about with Goods to sell and that those very Men without Distinction are to be Deemed and Punished as Rogues and Vagabonds otherwise how came the Glass-Men to be Concerned And if some of those Pedlers are so willful that they will not be reclaim'd from such a Disorderly course of Life let them see what follows in the next Paragraph besides some other very Severe Statutes not here mentioned Provided further That if any such Person shall appear to be Dangerous or such as will not be Reformed then it may be Lawful for any Two Justices of the Peace of that Limit one to be of the Quorum to Commit him to the House of Correction or the Goal of the County till the next Sessions where the Justices may Lawfully Banish him out of this Realm and if he returns back without Licence he is to suffer as a Felon 39 Eliz. 4. If in any Town Parish or Village the Constable Headburrough or Tithing-Man do neglect to do his or their Duty touching the Execution hereof he shall Forfeit and Lose 10 s. for every Omission and by 14 Car. II. Cap. 12. he shall Forfeit 20 s. And if any Person doth Lett or Disturb the Execution hereof he shall Forfeit 5 l. to the use of the City or Town to be Levied by the Justices Warrant and shall be bound to the good Behaviour 39 Eliz. Cap. 4. If you see a Pedler c. you are to stay him and call and send for a Constable or other Officer and if any of them Refuse or Neglect to come and do his Duty or if any Person doth lett or hinder them then on your Complaint to the Justice he will grant you his Warrant to Levy the Forfeiture by Distress on the Parties Goods which are to be Appraised and Sold and the Overplus all Charges Deducted is to be Restor'd to the Owner Provided always That if there be any Justice or Justices of the Peace for the said Cities Burroughs or Towns Corporate that no other Justice or Justices of the Peace shall intermeddle with the Execution of any Branch of this Act for any Offence or Matter arising within the Liberties of such Cities or Towns Corporate but the Justice or Justices for the same with the Mayor Bailifs and other Head-Officers may proceed within their Liberties to the Execution of this Act with as full Power as the Justices in any County may do within the same 39 Eliz. 4. And be it further Enacted by c. That hereafter c. It shall not be Lawful to any Person or Persons other than such as now do lawfully Use or Exercise any Art Mystery or Manual-Occupation to set Up Occupy Use or Exercise any Art Craft Mystery or Occupation now Used or Occupied within the Realm of England or Wales except he or she shall have been brought up therein an Apprentice for Sâ—ven Years at the least and that every Person Offending or doing the Contrary shall Forfeit and Lose for every Default 40 s. per Month half to the Queen and half to the Person that will Sue for the same in which no Protection Wager of Law or Essom shall be Allowed and the Mayor or other Head-Officers of Cities or Towns Corporate shall have full power to Hear and Determine the same
Members and to the Parliament for Redress Whereupon when a former was lost a new BILL to prevent the Decay of Trade in Cities Corporations and Towns was Elaborately Composed and Prosecuted by the Help and Favour of the Right Honourable the present Lord-Keeper and some other Worthy Members But because the Delays and Difficulties we met with are unspeakable We shall only say That our BILL was at last thrown out by the Lords to our great Loss and Disappointment Yet we hope the longer their Honours and Lordships Consider of this Matter the more Favourable they will be to us when another Opportunity shall offer to renew our humble Applications for the same Bill The Petitioners against the Bill were but only Six Linnen-Drapers whose Petition was thus Entituled Viz. The Humble Petition of several Linnen-Drapers and other Whole-sale Dealers in and about the City of London in behalf of themselves and others of the same Trades who Pray'd to be heard by the Committee in what they had to offer against the Bill which was a Clause they had prepar'd to get into our Bill and in effect to Establish all Pedling and Hawking by Law and this they will ever Attempt on all Occasions which shall be offer'd but after that was then prevented what Reasons they Alledged was look'd upon by the Committee to be but very insignificant and chiefly for Delay They afterwards pursued the same Designs in the House and we hear that against the next Session of Parliament they design to get into their own hands the Management of our BILL that they may with less difficulty model it for their own Purpose One of their Reasons in Print to the Lords indeed was a strange one especially from Shop-keepers Viz. That if the Shop-keepers should be so much Indulged as to have their Bill Pass then there would be none to follow any Laborious Employment for then it was but for a Man to put his Son Apprentice to a Countrey Mercer and he might be sure to get an Estate and to live in all the Plenty Ease and Luxury imaginable After the loss of the Bill in Parliament We did by Advice of Councel get Collected and plainly Abridged all the former Statutes in force against Pedlers c. and Published the same which now with some Explanations and Directions as we promised are Re-printed as followeth In the mean time the Pedlers and Hawkers are by fit Arguments already Convinced That the new Law we entreated for in Parliament was more favourable to them than the old ones A Plain Abridgment of several Statutes in force which may be Effectually put in Execution against all Pedlers Hawkers and other Unlawful Traders together with the Opinion of Learned Councel touching the same BRass and Pewter-Wares by being carried about and sold Clandestinely were Made False and Deceitful for Prevention whereof it was Enacted by the 19 Hen. VII Cap. 6. That no Pewter or Brass-Wares whatsoever should be Sold or Changed by any Person using the Trade of Pewterers or Brasiers but only in open Fairs or Markets or in their own Dwelling-Houses on Forfeiture of Ten Pounds to the King for every Offence This Statute being found to be of great Benefit was per 4 Hen. VIII Cap. 7. again Confirm'd and Ordain'd to Endure for Ever That whereas the Cities Burroughs Towns Corporate and Market-Towns did heretofore Flourish and were highly serviceable to the Government but were brought to great Decay and were like to come to utter Ruin and Destruction by Reason that Persons Dwelling out of the said Cities and Towns came and took away the Relief or Subsistance of the said Cities and Towns by selling their Wares there For Remedy whereof be it Enacted c. That no Person or Persons Dwelling any where out of any of the said Cities or Towns the Liberties of the Two Universities only excepted shall hereafter sell or cause to be sold by Retail any Woollen or Linnen-Cloth except of their own Making or any Haberdashry Grocery or Mercery-Wares whatsoever at or within any of the said Cities Burroughs Towns Corporate or Market-Towns within this Realm except it be in open Fairs on pain to Forfeit and Lose for every time so Offending 6 s. 8 d. and the whole Wares to be sold proffered or offered to be sold the one Moiety of all which Forfeitures to be to the use of the King and Queen and the other Half to him or them that shall Seize or Sue for the same in any of Their Majesties Courts of Record by Plaint Action of Debt Information or otherwise wherein no Essoin Protection or Wager of Law shall be allowed 1 2 Philip and Mary Cap. 7. So that If any Person whatsoever Dwelling out of your Towns comes into your Towns or Markets and sets up a Stall or walks or stands in the Street or keeps a Room or Shop which he Resides not at constantly if there he sells by Retail any of these sorts of Goods Viz. Any kind of Woollen or Linnen-Cloth except it be of his own Making or any sort of Haberdashry Grocery or Mercery-Wares whatsoever he doth Incur the Penalty of this Statute Note That Exposing to Sale is setting a Price Hemging Lying or being carried about in a posture of selling Hose or Haberdashry or Mercery-Wares and all dry Goods whatsoever that are either worn or usually carried about a Man are generally included in this Statute and on Tryal may be so proved The Goods after you can prove any part thereof sold are all the rest to be seized by any Person whatsoever that will prosecute and recover the 6 s. 8 d. a time for every such Offence to do which he must with or without a Warrant take a Constable and seize and let the Goods be wrapp'd and seal'd up and left in the hands of the Constable to be produced at the Tryal that those were the very Goods which were some part sold out and the rest expos'd to sale as above in such a place and that the seller dwelt in such other place or at least not in that Town or Parish where part of the Goods were so sold If the Offender brings his Action you may Plead the said Statute And be it also further Enacted That all Tinkers Pedlers and Petty Chapmen Wandering abroad c. shall be Taken Judged and Deemed Rogues and Vagabonds and shall Sustain all Punishment as by this Act is appointed viz. That every such Person as shall be found Begging Vagrant or Wandring in any part of this Realm or the Dominion of Wales shall upon their Apprehension by any Justice of the Peace or Constable or Headburrough or Tithing-Man of the same County Hundred Tithing or Parish where such Persons shall be taken the Tithing-Man or Headburrough being Assisted therein with the Advice of the Minister and some one other of that Parish shall cause the Offender to be stripped Naked from the Middle upwards and to be openly Whipped until his or her Body be Bloody and shall
and make Process and Award Execution vide Statute 5 Eliz. 4. This Statute doth extend to Merchants as by a foregoing Clause in the same Act and therefore to all Traders and to all Places whatsoever within this Kingdom Whereas great Inconveniencies do happen for want of due Execution of the Laws that have been made against Rogues and Vagabonds and because Constables and Others may be at great Charge in Prosecuting the said Laws Therefore the said Constables and other Officers so out of Purse together with the Church-Wardens of any Parish have power to make a moderate Rate and Tax all Occupiers of Land and all other Inhabitants or Persons Chargeable and lawfully may Distrain for the same to reimburse themselves ut per Stat. 14 Car. II. Cap. 13. Observe how strictly all Persons are obliged to Contribute for and towards the Charge of putting these Statutes in Execution If a Constable or other Officer or Prosecutor carries a Rogue or Vagabond before a Justice of the Peace the said Justice is to Authorize him or them to receive 2 s. from the Officers of any other Parish thro' which the Offender last passed without Punishment and so for every Rogue ut per Stat. 14. Car. II. 12. By these Words If c. It 's also plain That a Constable or other Officer may Prosecute or Punish such Offenders without carrying them before a Justice and where the Offence is plain it is not reasonable to give the Justice so much trouble when the Law hath not enjoyn'd it nor can the Favour of a Justice Acquit the Constable from his Forfeiture if the Offender escapes unpunished The Manner of a TESTIMONIAL THIS may Certifie all whom it may Concern That A. B. P. being here found _____ hath been Whipped according to the Statute and is to be sent forward forthwith from Parish to Parish by the Officers of every the same the next way to _____ where he last _____ Given under our Hands and Seals this _____ Day of _____ 169 To be Signed by the Justice or Constable or Headburrough and Tithing-Man And also The Prosecutors Charge is to be paid out of the 20 s. Forfeiture of the Neglecting Officers ut per Stat. 14 Car. II. 12. As it is in the Power of the City of London by Vertue of their Charter to make for themselves Acts for the Re-inforcement of the Statute-Laws and to make any reasonable By-Laws * 8 Part Cook 's Rep. fol. 121. Case of London 7 Jac. I. 5 Part ditto fol. 64. Clark's Case fol. 64. 38 Eliz. Hubert's Rep. fol. 210. Norris against Staps at Newbury 14 Ja. 1. not contrary to the Statute-Laws for the better Regulation and Improvement of their Trade and Good Government so it is generally in the Power of all other Cities Burroughs and Towns Corporate throughout England and Wales if they Chose Good Magistrates to do the same by Vertue of their Charters London hath now done it by the Precedent Act of Common-Councel And what Occasion there is for others to follow their Example they Themselves Respectively are the best Judges especially whilst they see that the Law without Execution is but a dead Letter Therefore being Desired by several Corporations Companies and Traders in London and elsewhere we shall give some short Account of the Methods of Proceeding in and about London upon our former Statutes At a General Sessions of the Peace held by the Justices at Hicks's-Hall in the County of Middlesex was made the following Order Viz. WHEREAS this Court is Informed That great Numbers of Scotch and other Pedlers and Petty Chapmen do Wander Abroad up and down this City and County contrary to Law We do hereby Recommend it to the Respective Justices of the Peace of this County to take Effectual Care to put the Laws in Execution against the said Pedlers and Petty Chapmen And all the Constables and Tithing-Men in their Respective Precincts are required so often as they shall find any of the said Offenders immediately to Whip them in such manner as the Statutes of 39 Eliz. Cap. 4. and the 1 Jac. Cap. 7. Directs and in Default whereof the Penalties of the said Statutes are hereby Appointed to be Levied upon them The present Lord Mayor Recorder and other Justices within this City and the present Recorder and other Justices for Westminster Middlesex Surry Kent and Essex without the City have Issued out their Warrants strictly Commanding all Constables c. at their Perils from time to time and as often as they shall be thereunto Required and as often as they shall see or have Notice of any Pedlers Hawkers and Petty Chapmen Wandring about to Apprehend them and every of them to the end they may be Dealt with according to Law And accordingly several such Offenders have been both formerly and of late Whipped in and about London and divers other parts of this Kingdom also some of the greater and richer sort of them have been and now are Prosecuted at Law where they use Chargeable Shifts to Defend Themselves and their Party but if followed are generally Convicted to be Rogues and Vagabonds as by that Famous President Recorded in Roll 's Second Reports fol. 172. Viz. The King against Hollingsworth who Dwell'd at Branford and Wandered about to Sell Wares at Hackney and other places was upon a very notable Trial after many Evasions Convicted upon the Statute of 39 Eliz. Cap. 4. c. as by the said Reports doth at large appear Several Companies and Citizens met together divers times in February last and Considered and Agreed what Courses to take for Redress and in due time the following Petition was Prepared Viz. To the Right Honourable the Lord Mayor Aldermen and Commons in Common-Councel Assembled The Humble Petition of the Shop-keepers and Inhabitants of the City of London and the Liberties thereof Sheweth THAT whereas your Petitioners being Freemen of this City do bear Offices pay great Rents and Taxes and Cheerfully Assist in the Support of the Government on all Occasions and do generally Subsist by their Respective Trades and are content to abide in their own Stations and Exercise their said Trades in such manner as the Laws and Customs of this City doth permit yet so it is nevertheless That for want of due Execution of the several good Laws heretofore Provided for their Relief the Course whereof hath since been Obstructed by Reason of an Illegal Patent obtained from King James II. That therefore your Petitioners in most places within this City and the Liberties thereof are so Discouraged and Undermined and Abused in their Respective Trades by the Insolent and Unlawful Practices and daily Increase of Pedlers Hawkers and Petty Chapfolks such as Wander about from place to place and carry and proffer to Sale all kinds of such Goods and Wares as your Petitioners Deal in so that great part of the good Citizens and Settled Inhabitants of this City will not be able to pay their Rents Taxes and other Charges