A Proclamation for the obseruation of certein Statutes, with a fourme howe the same shal be executed: And a Summarye abridgement of euery of the same statutes, folowing.
1562. &. 4. Elizabet.
The Proclamation.
THE Queenes Maiestie callyng to her good remē braūce howe wel this Realme is furnysshed with good lawes and orders for redresse of many enormities, and howe throughe neglygence of officers, and presumption of offendours, the same neuerthelesse do rather growe then abate: hath thought mete at this present to deuyse with her counsell, howe some fewe necessary lawes very beneficiall for this tyme, might be duely executed and obserued, as they were meant, to the weale of the Realme, and comforte of her Maiestie. For which purpose her Maiestie geueth all maner her subiectes to vnderstande, that lyke as the last yere a certayne abbreuiat of Statutes was made and published by order of her Counsayle vpon her commaundement, & was by the Iustices of peace in diuers countreys diligently regarded, and in a great part put towardes execution, though in some other partes, for lacke of tyme the same toke not so good effecte: So her Maiestie chargeth al maner her Iustices and other ministers to whom the same shall belonge, to take in hande again theyr former charge geuen to them the laste [Page] yere, for therecution of the sayd Statutes, hastenyng theyr assembles for that purpose now in the begynnyng of this Sommer, so as their doynges may be certified in such sort, as they were commaunded & prescribed the last yere.
And besydes these, her Maiestie fyndeth lyke cause to haue two other great enormities dayelye encreasyng in this her Realme, to be spedely refourmed, for which there do remaine in force good lawes. The one is, the monstruous abuse of Apparell almost in al estates, but principally in the meaner sort. The other is, the decay and disfurniture of all kynde of horses for seruice within the Realm. And because her Maiestie perceaueth, that although the lawes be verye penall in both these cases, yet without some speciall direction geuen for the execution therof, the reformation wyl not ensue: Her Maiestie hath caused the Statutes remaynyng in force for both the sayde purposes to be briefely collected, & presently by this her Proclamation, chargeth all maner her sheryffes to publyshe the same ioyntly with this Proclamation, and to fyx the same vp in places accustomed.
And for the maner of the spedy execution of the Statutes for apparell Apparell. and other enormities incident therto: Her Maiestie hath caused certayne good ordinaunces to be deuysed and accorded by her counsell, which also her Maiesties pleasure is, to be wel regarded, straightly kept, and obserued accordyng to the seueral limitations thereof. Wherefore there is good [Page] hope conceaued by her Maiestie of a spedye redresse, by meanes of the sayd good orders. And yf in any poynt of the same statutes or orders, any dout shall aryse for the vnderstandyng of the same: her Maiestie wylleth that the aduise and aunswere of her priuie councell be required and folowed. And for the other default tendyng to the decay of horses within the Realm, which partly ryseth by stealyng and carryinge numbers of Horses, Geldynges, Mares, and Coltes out of the Realme, and by neglectynge the breedyng and kepyng of Horses within the Realme, accordyng to the lawes prouyded:
For redresse of the former part concernyng carrying out of Horses out of the Realme: Carrying of Horses out of the Realme. her Maiestie chargeth al maner her subiectes and others within her Realme, to take knowledge of the lawes nowe publyshed for that purpose, and not to trust in any remission of penalties therfore prouided. For the spedier obseruatiō wherof, her Maiestie meaneth shortly to direct her seueral Commissions vnder the great seal, to suche partes of her Realme where the conueyaunce hath accustomably ben, or hereafter may be, to enquire therof diligently & streightly by order of lawe, and thervpon to proceade sharply to thexecutiō, as the cases shal require.
And as to the latter part tendyng to the decay of breeding and keping of Horses: Breedyng & kepyng of Horses. her Maiestie doth lykewyse charge all maner her subiectes to take knowledge of the lawes remaynyng in force, and nowe published at this present tyme. And for that it is thought by her [Page] Maiestie, that the same lawes hath ben by diuers personnes so long forgotten, that it wyll seme harde to haue to same spedely put in execution: her Maiestie of her gracious disposition, meaneth to proceade to thexecution therof in this maner folowyng.
Her Maiestie intendeth to directe her seuerall Commissions to speciall persons in euery countie of the Realme, to enquire by order of law, what persons shal not haue before the .xv of August next, Horses accordyng to the Statute by reason of theyr wyues apparell mentioned in the Statute, and what other persons chargeable to breeding or kepyng of Horses by force of the Statutes, shall not before the .xv. of December next, perfourme the meanyng & intent of the sayde Statutes, aswell for breedyng as kepyng. And for the more certayne execution hereof: her Maiestie also meaneth to cause a speciall vieu to be taken throughe the Realme in September next, of the numbre inquirable by the foresayde .xv. daye of August, as is aboue expressed: and a lyke muster▪ and vieu to be taken in Ianuarye nexte at one instaunt tyme, both of the same numbre, and of all the rest wherof inquisition shalbe made by the sayde Commission, to be prouyded before the sayde .xv. day of December. After which views and musters taken: her Maiestie intendeth at euery halfe yere to haue the fame seuerely executed by officers specially appointed, vntyll the Realme be replenished with suche number of Horses, as maye be well kepte and [Page] mayntayned for the seruice of the same.
Of all these her Maiesties determinations, tending only to the weale, good order, and strength of her Realme: her Maiestie hath thought mete in this playne maner to geue notyce therof by this Proclamation to all maner her subiectes, to auoyde the paynes that otherwyse thereof must and shall ensue.
Yeuen at her Maiesties Pallaice of Westminster the .vii. of May, the fourth yere of her hyghnes raigne.
Articles for the due execution of the Statutes of Apparell, and for the reformation of the outragious excesse therof growen of late time within the Realme. Deuised vpon the Quenes Maiesties cōmaundement, by aduice of her counsayle, the .vi. of Maye. Anno. 1562.
FIrst the Quenes highnes pleasure is, 24. [...]. 8. 1. &. 2. Phil. & Matie. that the lawes heretofore made touchynge the reformation of the excesse of apparel, and namely the lawes made in Anno. xxiiii. Henrici. viii. and in Anno. i. & .ii. Philippi & Marie, be obserued, and withall diligence put in execution.
And forasmuch as no sorte of people haue so muche exceaded, or do dayly more exceade in thexcesse of apparell, contrary to the sayde statutes, then suche as be of the meaner sort, and be least hable with theyr lyuynges to mayntayne the same: Her Maiesties pleasure and straight commaundement is, 1. &. 2. Phil. & Ma [...]e. that all Iustices and officers to whom the reformation thereof maye appertayne, haue speciall regarde to the obseruation and execution, with all seueritie of the law made Anno. i. & .ii. Philip. & Mar. purposely for that respect.
For the better order in the due execution of which Statutes, The order in y e Court. for her hyghnes Chaumber: [Page] it is ordeyned the Lorde Chaumberlayne and the Uicechaumberlayne. And for her Maiesties houshoulde, the Lorde Stewarde, the Treasurer or the Comptroller, to appoint such trusty officers as they shall thynke fyt to haue in those two places speciall regarde to all such as shall after .xiiii. dayes nexte folowyng the publication of this ordinaunce, presume to enter into the Court otherwyse apparayled then is permitted by the said Statute, and strayght to apprehende and to commit them to warde, there to remayne tyll they shalbe duely punyshed for theyr offences, and vntyl such tyme as they shall haue throughly payde and satisfyed the penaltie of the sayd Statute: Time of execution. Examining them first howe long and how often they haue sithen the time aboue written after the publication of this ordinaunce, worne the sayde apparel, who is their maister, Punyshement and how long they haue serued hym, and howe longe it hath ben that he hath knowen them to weare any part of the same apparell. Upon which examination, the maister The maister. strayght to be sent for, to appeare yf the offence be founde in the Chaumber, before the Lord Chaumberlayne, or Uicechaumberlayne: & before the Lorde Steward Treasurer, or Comptroller, if it be founde in the housholde. And in case it shall appeare by any due meane that the sayd maister had knowledge of the sayde seruauntes abuse, so long tyme as in the sayd Statute is prescribed: Punyshement of the master. thē to take of hym a bande of two hundred markes to the Quenes hyghnesse vse, to aunswere [Page] the forfayture fallen vppon hym by the sayde Statute: which bande yf he shall refuse, then to commit hym to warde, there to remayne tyl he shall haue satisfied the penaltie. The sayde examination and obligation to be sent to one of the Quenes hyghnesse Remembraunces in the Exchequer, to be by them called vppon, accordyng to the effecte of the sayd Statute: the parties apoynted to this execution to haue for theyr paynes the moitie of the forfaiture Forfeture. appoynted by the lawe. Prouided that in case it shalbe thought fitte to be dispensed withall within the court for any person vppon reasonable cause, the Lorde Chaumberlayne or the Lorde Stewarde knowyng fyrst her hyghnesse pleasure, Dispensation. shall and may licence them by wrytyng subscribed with one of theyr handes, testif [...]yng her Maiesties sayd pleasure: foreseing that none of them do therby vse anye apparell inhibited vnto them, but during such tyme as they shall attende vpon her hygnesse persone.
And within the Citie of London and the liberties of the same, In Londō the Maior and courte of Aldermen shal take and obserue the lyke order: That is to say, to appoint in euery warde .iiii. substanciall and wel meanyng men, to see the sayde Statute executed, in suche sorte as it is ordeyned in the Courte. And the sayde foure or anye of them to examine all offendours in the sort aboue wrytten: and apprehendynge them, to bryng them to the Alderman of the warde, he to commit them to prison, and to certifie the examination and confession, and such [Page] knowledge of iudgement of the trueth of the matter as he can attaine vnto, aswel touching the master as the man, to the Maior and court of Aldermen: and they to certifie the same indelayedly into the Exchequer, to thintent the forfaytures Forfeture. may be aunswered. The said foure folowyng the execution of the statute, to haue the moitie of the forfayture.
The lyke order to the taken and folowed within the foure Innes of Courte, Innes of Court. and in all the houses of Chauncerye, by the principalles and auncientes of the houses, where are noted to be so great dysorders at this present, as behoueth to be loked vpon.
The same order to be folowed in lyke sort in the Suburbes out of the liberties of London, and in Westminster, and in all other exempted places, Suburbes and places exempted. by thofficers of those places.
And finally like order to be obserued in all Cities, Townes, Cities and townes. and villages throughout the Realme. In all Cities and Townes corporate, the order to be executed by the Maior, Bailiefes, & other head officers. And in all Townes and villages, the Iustices of peace in euery seuerall Shire, to folowe the like order for the apprehencion, examination, taking of bandes, committyng to prison, and certificate into the Exchequer, according as is abouefayde. The moitie of the penaltie to fall to the officer and officers, appointed to the execution of the law.
The countie Palatine of Lancaster & Chester, Countie palatine. to make certificate into the Exchequer there, and the Exchequer there to the Chauncelour [Page] of the duchie, and he to certifie the same into the Exchequer here, to thintent abouesayde.
The doynges herein of al officers aswell in the court as in London, Certificat. in Cities and townes corporate, and of the Iustices of all other places through the Realme, to be certified duryng the fyrste two monethes after the publication of thys ordinaunce to be made, to the Lorde Chauncelour of Englande, or to the Lorde keper of the great Seale euery .xv. dayes, and after the sayde two monethes expyred, the same to be made euery .vi. wekes, durynge the space of one whole yeare, & so to continue as by the sayd Lord Chauncellour, or Lord keper shalbe prescribed. And finally, that all Iustices of Assise Iust. of Ass in all theyr circuites do enquire specially hereof.
It is not meant by anye thynge aboue written, to take the libertie from any man, to make information agaynste any offendour in the premisses, and to enioye, yf the partie be conuicted, suche part of the penaltie as by the sayde lawe is appoynted, foreseynge that no man be twise conuicted for one offence.
And to thintent such as shalbe appoynted in the Courte to thexecution of the premistes, may worke the more certaynly: It is ordayned they shall haue delyuered vnto them a briefe of the sayd Statutes, the lyke also to be delyuered and sent prynted by them selues, to all partes and parties, where the perticuler [Page] knowledge thereof may be thought fyt, for the better execution of the same.
And for the reformation of the vse of the monstruous and outragious greatnesse of hosen, Great hose crept a late into the Realme to the great slaunder therof, and the vndoynge of a number vsynge the same, beynge dryuen for the mayntaynaunce therof, to seke suche vnlawefull wayes, as by theyr owne confession haue brought them to destruction: It is ordayned as abouesayde, that no Taylour, Hosyer, or other person whatsoeuer he shall be, after the daye of the Publication hereof, shall put anye more cloth in anye one payre of hosen for the outsyde, The outside. then one yarde and a halfe, or at the most, one yarde and three quarters of a yarde of karsey, or of any other cloth, leather, or any other kinde of stuffe aboue that quantitie. And in the same hosen to be put onely one kynde of lynyng, The lyning. besydes lynnen cloth next to the legge yf any shalbe so disposed, the sayde lynyng not to lye loose nor to be bolstered, but to lye iuste vnto theyr legges, as in auncient tyme was accustomed: Sarcenet, Moccado, or any other lyke thyng vsed to be worne, and to be plucked out for the furniture of the hosen, not to be taken in the name of the sayde lynyng. Neyther any man vnder the degree of a Baron toweare within his hosen any Ueluet, Ueluet & Sattin. &c. Sattin, or any other stuffe aboue the estimation of Sarcenet or Taffata.
For the due and better execution and obseruation [Page] whereof, the Maior of London, and the rulers and officers of the Suburbes, Hosiers to be bounde. and of Westminster, and other exempted places, shall immediatlye after thys Proclamation made, call before them in euery of theyr seuerall iurisdictions, all Hosyers, or Tayllours makinge hosen, dwellyng within the precinctes of the same, and shall bynde euery of them in the sūme of .x. poundes, or more as cause shall require, to the Quenes hyghnes vse, to obserue this parte of this sayde Proclamation touchynge hosen, without anye maner fraude or guyle: which bandes as any shalbe found to offende contrary to thys ordinaunce, they shall certifie into the Exchequer, with the name of euery suche offendour. In all other Cities or townes corporate, the Maior & head officers shall do in all poyntes the like: And in all other places the Iustices of peace. The officers of the Exchequer to certifie the lordes of the Quenes highnesse priuie counsell at the beginninge of euery terme, what bandes haue come, or haue ben sent into that offyce, Certificat. touchynge the premisses tyl that day, and what number of them haue ben executed.
If any Hosyer shall refuse to enter into suche bande, to be immediatlye commytted to warde, and to be suffred no more to continue hys occupacion.
The Maior of London, and all other officers in theyr iurisdictions and liberties, to make or cause to be made searche Searche. once within [Page] euery .viii. dayes in euery Hosiers house, to see what kynde of hosen they shall make, and fyndyng any suche as be inhibited by these orders, to see the punyshment thereof as is aboue wrytten.
Fynally, no men vndispensed with, in suche sort as is abouesayd, be so hardy after .xiiii. dayes folowyng the publication of this ordinaunce, to presume to shewe hym selfe in the Courte, or in anye other place within this Realme, in any payre of hosen passing the syse abouesayde: that is to saye, contaynyng in the nether stockes and vpper stockes, more then one yarde and a halfe, or aboue one yarde and thre quarters at the most, of the brodest karsey, or with any other stuffe beyond that proportion, or with mo lynynges then one, and that playne, and iust to the legges as is abouesayd, neyther with anye Shurtes hauynge double Ruffes, Ruffes of Shurtes. either at the coller or sleues, whiche Ruffes shall not be worne otherwyse then syngle, and the synglenesse to be vsed in a due and meane sorte, as was orderlye and comely vsed before the commyng in of the outragious double Ruffes, whiche nowe of late are crept in. Or beyng vnder the degree of a Knight, with any gylted spurres, Gylte Spurres. or any damaskyng or gylt sworde, Gylte Swordes. rapyer, or dagger, vppon payne of forfayture of the same, and of imprysonment and fyne at the Quenes highnesse pleasure for euery such offence, to be executed within the court by suche as shalbe appoynted, in sorte as is abouesayd, [Page] by the Lorde Chaumberlayne, Execution Uicechaumberlayne, the Lord Steward, the Treasoure and Comptroller. And in London and within the liberties thereof, to be executed by the Sergeauntes and such others as shalbe appoynted in fourme aforesaid by the Maior and Aldermen. In the suburbes, Westminster, and other priuileged places, by the officers, rulers, and gouernours of them. In all other places by the head officers and Iustices of peace.
In the two vniuersities, Uniuersities. the Chauncelour, or in his absence the Uicechauncellour or Cō missary, to see to the execution of the sayd statutes, and of all other orders: and none other Iustice or offycer there to medle, but as shalbe by them or one of them appoynted. In which places is thought meete to haue an vniformitie of apparell, accordyng to euery seuerall vocation. The heddes of Colleges and Hawles of the sayd vniuersities, to be warned by them to see the Scollers vnder theyr gouernement to obserue throughly the saide statutes and orders, and to abate theyr ruffes & other vnsemelye excesses, and to haue in theyr apparell regarde to thobseruation of their Statutes, and to the decencie of vsyng of them selues therin, as heretofore hath ben vsed: wherin yf eyther the maister shalbe founde to forget his duetie, or the Scoller to lacke obedience, the Quenes hyghnesse shalbe forced to appoynte others to see vnto the due punyshement of both sortes.
[Page] Ladies and gentilwomen Ladyes and Gentilwomen. attendinge vpon the Quene, or resortynge to the Court, and theyr gentylwomen, to bee apparelled according to the auncient order of the Court: wherof the orders in tymes past to be put in vre, by the gentilmen vsshers, at the appoyntment of the Lorde Chaumberlayne, to thyntent there may be a difference of eftates knowen by theyr apparell, after the commendable custome in tymes past vsed in the Court. Whiche order is to be sought, renewed, and out of hande to be put in vre by the sayd Lorde Chaumberlayne, or otherwyse to be deuysed for a certayntie of all degrees.
And where as an vsage is crept in, contrary to former orders, of wearing of long Swordes, and Rapiers, Swordes, Rapyers, and Daggers. sharpened in suche sorte, as may appeare the vsage of them can not tende to defence, whiche ought to be the very meanynge of wearynge of weapons, in tymes of peace, but to murther, and euident death, whē the same shalbe occupyed: Her Maiesties pleasure is, that no man shall after .x. dayes next followynge thys Proclamation, weare anye Sword, Rapier, or any weapon in their stead, passyng the length of one yarde & halfe a quarter of blade, at the vttermost: neyther anye Dagger aboue the length of twelue ynches in blade: neyther anye Buckler, Buckler. with a sharpe poynt, or with any point aboue two ynches of length, vppon paine of forfayting the Sword or Dagger passynge the sayde length, and the Buckler made otherwise then is prescribed, to [Page] whomsoeuer wil sease vpon it, and the imprysonment of hys bodye, that shalbe founde to weare any of them, & to make fine at her Maiesties will and pleasure. And if any Cutler Cutler. or other artificer, shall after the day of the publication hereof, sell, or haue within hys shoppe or house to be solde, or shal make or cause to be made, any Rapier, Sworde, Dagger, or Buckler contrary to this order, to forfaite the same, his body to be imprisoned, and to make fine at the Quenes highnes pleasure, and to remaine in pryson, tyll the sayde fyne be fully satisfied: and beynge taken with the fault the seconde tyme, neuer to be permitted after, to vse that occupation, which in the Court is to be executed Execution. by the officers aforesayde. In the Citie and libertyes, by the Maior and Court of Aldermen, and such as by them shalbe appoynted in that sort, aswel Sergeaunts as others beforesaid. In Westminster, the Suburbes, and other priuileged places, by the offycers of the same: in Townes corporate, by the Maior and other head offycers, and in all other places, by the Iustices of peace.
And fynally her Maiestie strayghtly chargeth aswell the sayd Lord Stewarde, Treasurer, and Comptroller of the housholde, as the Lorde Chaumberlayne, Uicechaumberlayne, and suche as vnder them shalbe apoynted and assygned, the Maior of London and all other Maiors, Shr [...]fes, Bailiefes, Constables, and all Iustices of peace, all Principals and auncientes of the Innes of Court, and Chauncery, [Page] the Chauncelour and Uycechauncelour of both the vniuersities, and the heades of Haules, and Colleges of the same, and all other her highnes officers and ministers, eche of them in theyr iurisdictions, to see these orders beynge set forth and confyrmed by her Maiesties Proclamation, to be uely and spedely executed in fourme aforesayd, as they wyll aunswere for the contrary at theyr perylles, and wyll auoyde her hyghnes dyspleasure and indignation.
A note of certaine necessary actes mentioned in the Quenes Maiesties Proclamation, beside a Collection of certayne others, publyshed the laste yeare, and nowe to bee all executed.
Fyrst concernynge the actes remayninge in force for apparell.
THe Statute made in the .xxiiii. yere of kyng Henry the .viii, for reformation of the abuse of Apparell remayning now in force, conteyneth so manye Articles and clauses, as the same cannot be conueniently abridged, but is to be considered by readyng and perusyng the whole Act at large. But the Statute lately made in the time of kynge Philip and Quene Mary: For execution whereof (as for that whiche at thys tyme is most necessary) Articles and orders be presently deuysed, foloweth here abrydged.
NO Englyshe man, Anno. i. & .ii. Ph. &. Mar. Cap. ii. other then the sonne and heyre apparaunt of a knight, or he that hath yerely reuenues of .xx.li. or is worth in goodes .cc.li. shall weare sylcke in or vpon hys hatte, cappe, nyghtcap, gyrdels, scabard, hose, shooes, or spurlethers, vpon forfayture of .x.li. for euery day, and imprysonment by thre monethes.
[Page] Iustices of Assise and of the peace, sheryffes, stewardes in Letes, head offycers of townes corporate, shall enquyre & determine the offences, and commit thoffendour to pryson, tyll he haue payde the forfayture.
If any knowing his seruaunt to offende, do not put hym out of hys seruyce within .xiiii. dayes: or so put out, retayne him againe within a yere after such offence, he shal forfait C.li.
Any aboue the degree of a knyghtes sonne, or doughter, or wyfe to any of them, or Maior, or head officer in any towne corporate, or wife to any of them, or the kyng or the Quenes seruauntes in ordinary wages attendaunt, wearynge ordinary lyueries, maye weare as they myght before.
None shalbe compelled to put away his apprentice or hyred seruaunt before thende of his terme.
Women may weare in theyr hattes, cappes, gyrdels, and hoodes, as they myght before.
Concerninge the increase and breeding of Horses, Geldinges, and Mares.
EUery person, 27. H. [...]. Cap. 6. of what estate or degree soeuer he be, hauyng a Parke or grounde inclosed, wherin any Dere is or vsually kept for game, and not lying within the countyes of Westmerland, Commerlande, Northumberlande, and the Bishopricke of Duresme, contayning the quantitie of one mile in compasse, and is therof seased in fee simple, fee tayle, or [Page] for terme of lyfe in possession to hys owne profyt and behoofe: And euery Fermour of euery such parke or grounde inclosed, shall kepe two Mares, Mares. beynge not spayde, apt and hable to beare foles, and eche of them of .xiii. handfuls in heyght at the least, The height of the Mares. to be measured from the lowest part of the hoofe of the fote, vnto the hyest part of the shulder, vppon payne of .xl.s. for euery moneth. And for euery parke of .iiii. myles compasse & more .iiii. lyke Mares, and of the lyke height. And that thowners of such grounde, shall not willyngly suffer the same Mares to be couered with anye Horse vnder xiiii. handfuls in heyght vpon lyke payne.
No stoned Horse beyng aboue the age of .ii. yeres, 32. H. 8. Cap. 13. and not being of the height of .xv. handfulles, to be measured from the lowest part of the hoofe of the forefoote, vnto the hyghest part of the wyther, Stoned Horse. and euery handfull to contayne .iiii. ynches, shalbe put to pasture in any forest, chase, moore, maryshe, heath, comon or wast grounde, vpon payne of forfayture of the sayde horse or horses.
And it shalbe lawfull to euery person and persons, Scascur. that shall finde any such horse or horses contrary to the fourme of thys Statute, to sease the same horse in maner and fourme as in the same statute is prescribed. And to retayne the same horse or horses to hys owne vse, and as hys owne proper goodes and cattelles for euer.
And all Forestes, Chases, Comons, Mores, Marshes, Heathes, and wast groundes within [Page] thys Realme of Englande, Forestes. Chases, Comons, &c. shalbe dryuen. Wales, and the Marches of the same, shalbe dryuen yerely at the feast of S. Michaell tharchangel, or within .rv. dayes then next after, by the Lordes or possessours of the said forestes and chases, or by thofficers of the same, and by the Constables, headborowes, Bayliffes, Bursholders and Tythingmen, within whose offyces and limittes the comons, moores, maryshes, heathes, and waste groundes, Payne. beynge out of Forestes and chases, be or lye, vppon payne of .xl.s. And it shalbe lawefull to euery of the sayde offycers and other the sayd persons, to make lyke drift of the sayde forestes, chases, comons, moores, maryshes, heathes, and wast groundes, at any other season or tyme of the yeare when they shall thynke mete and conuenient.
And yf in any of the sayde dryftes, there shalbe founde any Mare, Mare kylled Gelding killed fylly, fole, or Geldinge, that shalbe then thought not able, nor lyke to growe to be able to beare foles of reasonable stature, or not hable nor lyke to growe to do profitable labour and seruyce, by the discretion of the dryuers, or of the more numbre of them: that then the sayd dryuer or driuers shal cause the same vnprofitable beastes to be kylled. And all Iustices of peace in theyr quarter sessions, Enquirie. and all Stewardes of Leetes and lawdayes, haue aucthoritie to enquyre of all the defaultes, omissions, contemptes and offences contrary to thys statute.
For the hauing and keping of Horses and Geldinges. And for the furniture and hauing of Armour and Weapon.
EUery temporall person hauyng honours, 4. &. 5. Phi. &. Mar. Cap. 2. Lordshyps, manours, houses, landes, medowes, pastures or woodes, of estate of enheritaunce or free holde, to the clere yerely value of a thousande pounde & A thousand poūd in landes by yere. aboue, shal haue, fynde, kepe, & mayntayne within this Realme of England, and of theyr owne proper, and at theyr owne costes and charges .vi. Horses or geldyngs hable for Dimilaunces, wherof thre of them at the least to be horses with sufficient Harnes, steele Saddle, and Weapon, requisite and appertaynynge to the sayde Dimilaunces Horses, or Geldynges: and ten lyght Horses or Geldynges hable and mete for lyght horsmen, with the furniture of Harnes and Weapon, requisite for the same. And .xl. Corslettes furnished .xl. Almayne Ryuettes: or in stede of the sayd Almayne Ryuets .xl. Cotes of plate, Corslets or Brygandines furnished .xl. Pykes .xxx. long Bowes .xxx. sheafes of Arrowes .xxx. stele Cappes or skulles .xx. blacke Billes or Halberdes .xx. Haquebuttes, and .xx. Murryons or sallettes.
Item euery like person hauing like possessions to the yerely value of one M. markes A M. Markes in landes by the yeare. or aboue, and vnder the yerely value of a thousand poundes, shall haue and fynde as is abouesayd iiii. Horses or Geldynges hable for Dimilaunces, wherof two at the least to be horses sufficiently [Page] furnyshed, for Dimilaunces Horses, or Geldinges: and .vi. light Horses mete for lyght horsmē, with furniture requisite for the same. And of Armour and weapon .xxx. Corslets furnyshed .xxx. Almayne Ryuettes: or in stede of them .xxx. Cotes of plate, Corslettes or Brygandines furnished. 30. Pikes .xx. long Bowes xx. sheafes of Arrowes .xx. stele Cappes or skulles .x. blacke billes or Halberds .x. Haquebuts, and .x. Murrions or salettes.
Item euery such person hauyng possessions as is abouesayd, Foure .C. pound in landes by the yeare. to the cleare yerely value of .iiii.C.li. or aboue, and vnder the cleare yerely value of one. M. markes, shal finde and mayntayne in forme as is aforesayd, two Horses, or one Horse, and one Geldynge hable for Dimilaunces, and .iiii. Geldynges hable for lyght horsmen, and .xx. Corslettes .xx. Almayne Ryuettes: or in lew of them .xx. Cotes of plate, Corslets or Brygandines furnished .xx. Pykes xv. longe Bowes .xv. sheafes of Arrowes .xv. steele Cappes or skulles .vi. Haquebuttes, and .vi. Murryons or salettes.
Item euery such person hauinge possessions to the cleare yerely value of Two C. pound in landes by the yeare. .ii.C.li. or aboue, and vnder the yerely value of .iiii.C. poundes, shal haue, kepe and maintaine one great Horse or Geldinge hable for a Dimilaunce, and two Geldynges hable for lyght horsmen furnyshed with Harnes, steele Saddle, and weapons for the same, sufficient as is aforesayd. And in Armour .x. Corslettes .x. Almaine Ryuettes: or in the place of Almayne Ryuets .x. cotes of plate, Corslets, or Brygandines .x. Pikes .viii. long Bowes .viii. sheafes of Arrowes .viii. steele [Page] Cappes or skulles .iii. Haquebuties, and thre Murryons or salettes.
Item euery such person hauing such possessions to the yearely value of one hundreth poundes or aboue, One C. pounde in landes by the yeare. and vnder the yerely value of two .C.li. shal finde, kepe, and mayntaine in fourme aforesaid, two geldinges mete for light horsmen, three Corslettes, thre Almayne Ryuettes: or in stede of them, so many Cotes of plate, Corslettes, or Brygandines, thre Pykes, thre longe Bowes, thre sheafes of Arrowes, thre steele Cappes or Skulles, two Haquebuttes, two Murrions or Salettes.
Item euery such person hauynge landes as is aforesayd to the cleare yearly value of one C. markes or aboue, One C. Markes in landes by the yeare. and vnder the yerely value of one hundreth poundes, shall haue and kepe one Geldynge hable for a lyght horsman with a Harnes and Weapon requisite for the same, two Corslettes furnished, two Almayne Ryuets: or in the stede of the same, two Cotes of plate or Brigandines, two Pykes, two long Bowes, two sheafes of Arrowes, two steele Cappes, or Skulles, one Haquebut, one Murrion or Sallet.
And euery suche person hauynge suche possessions to the yerely value of .rl.li. or aboue, Fortie pounde in landes by the yeare. and vnder the yearely value of one hundreth markes, shal haue and kepe two Corslets, two Almayne Ryuettes: or in the stede of the same, two Cotes of plate, Corslets or Brygandines furnished, two Pykes, one longe Bowe, one sheafe of Arrowes, one stele Capppe or Skull, two Haquebuttes, two Murrions or salettes.
Item euery such person hauyng possessions [Page] to the yerely value of [...] pounde in landes by the yere. .xx.li. and aboue, and vnder the yearely value of .xl.li. shall haue and kepe one Corslet, one Pyke, one Haquebut, one Murryon or Sallet, one longe Bowe, one sheafe of Arrowes, one steele Cappe or skull.
Item euery person hauynge possessions to the yearely value of .x.li. or aboue, Ten poūd in landes by the yere and vnder the yerely value of .xx.li. shal haue & kepe, one Almayne Riuet: or in the stede therof, one cote of plate, or one Brigādine, one Haquebut, one Murryon or sallet, one long Bowe, one sheafe of Arrowes, and one steele Cappe or skull.
Item euery person that hath possessions to the clere yerely value of .v.li. or aboue, Fiue poūd in landes by the yere and vnder the yerely value of .x.li. shal haue and kepe one cote of plate, one blacke Byll, or Halberde, one longe Bowe, one sheafe of Arrowes, and one steele Cappe or skull.
Item euery such person hauinge goodes or Cattels to the value of one thousande markes or aboue, One thousande Markes in goodes. shal haue, fynde and kepe in maner and fourme aforesayde, one Horse or Geldynge hable for a Dimilaunce, with steele Saddle, Harnes, & weapon requisite for the same, and also one Geldynge hable and mete for a lyght horseman, with Harnes and weapon requisite for the same. Or els .xviii. Corslettes furnished in stede of the sayde Horse or Geldynge at hys choyse. And also shal haue, kepe and tynde two Corslettes, two Almayne Ryuertes, or els in stede of the same Almayne Ryuets, two Cotes of plate, two Corslettes, or two Brygandynes, two Pykes, foure longe Bowes, foure sheafes of Arrowes, foure steele Cappes or Skulles, thre Haquebuttes, thre Murrions or Sallets.
[Page] Item euery such person hauynge goodes or cattelles to the value of foure C.li. or aboue, Foure C. pound in goodes. and vnder the value of one .M. markes, shall haue, fynde and kepe one Geldynge able and mete for a light horsman, with al Harnes and weapon requisite for the same. Or els at their choyse, nyne Corslettes good and hable for the fielde furnished. And also shall haue and fynde one Corslet, one Pyke, two Almayne Ryuets, Cotes of plate, or Brygandines, one Haquebut, two longe Bowes, two sheafes of Arrowes, and two steele Cappes or skulles.
Item euery such person hauynge in goodes or cattelles to the value of two .C.li. or aboue and vnder the value of foure .C.li. shall haue, Two C. pound in goodes. kepe and fynde, one Corslet, one Pyke, two Almayne Ryuettes, Cotes of plate or Brygandines, one Haquebut, one Murrion or salet, two longe Bowes, two sheafes of Arrowes, and two Skulles or steele Cappes.
Item euery person hauinge in goodes and cattels to the value of one .C.li. or aboue, One C. pounde in goodes. and vnder the value. of ii.C.li. shal kepe and fynde one Corslet, or Pike, one payre of Almaine Riuettes, one cote of piate, or one payre of Brygandines, two longe Bowes, two sheafes of Arrowes, and two Skulles.
Item euery person hauynge in goodes and cattelles the value of .xl.li. or aboue, Fortie pounde in goodes. and vnder the value of one .C.li. shall kepe and fynde two payre of Almayne Ryuetes, or two cotes of plate, or Brygandines, one longe bowe, one sheafe of Arrowes, one steele Cappe or Skull, and one Blacke byll or Halberde.
Item euery such person hauinge in goodes [Page] and cattelles, the value of .xx.li. or aboue, Twentie pounde in goodes. and vnder the value of .xl. poundes, shall kepe and fynde one payre of Almayne Ryuettes, eyther one cote of plate, or els one payre of Brygandynes, two longe Bowes, two sheafes of Arrowes, two Skulles or steele Cappes, and one blacke Byll or Halberde.
Item euery person hauynge in value in goodes and cattelles Ten poūd in goodes. .x.li. or aboue, and vnder the value of .xx.li. shal kepe and finde one long bowe, one sheafe of Arrowes, one steele Cappe or Skull, and one blacke Byll or Halberde.
And euery person or persons hauing at this present, Annuitie. Terme of lyfe. or hereafter shall haue any Annuitie or yerely fee, Inheritaunce. or any copy hold, for terme of life, or inheritaunce, not charged by thys Acte, Coptholde to the yerely value. to the clere yerely value of .xxx. pound or aboue: shal kepe and fynde such furniture of Armour and weapons in euery degree, according to the proportions and rates before expressed, limitted for goodes and cattels.
Item that euery person which by vertue of the Acte made in the Wyues apparell. .xxxiii. yeare of the rayne of Kyng. H. viii. Cap. v. was bound (by reason that his wife should weare such kinde of apparell or other thynge, as in the sayd Statute is specially mentioned & declared) to kepe or fynd one great stoned trottyng horse, and is not by this act before charged to haue, kepe & mayntayne any Horse or Geldynge: shall by force of this act, be bound to kepe, and to haue & maintaine, one Geldnge hable and mete for a lyght horseman, with sufficient harnes and weapon for the same, in suche maner and fourme as euery [Page] temporall person hauinge landes as is aforesayd, of the clere yerely value of one hundred markes, is charged and appointed to haue and maintayne by thys present act.
And if any of the persons aboue remembred, Forfaytures. shall by the space of thre hole monethes, want the sayde numbre and kyndes of Horses, Geldinges, Armour, weapon, and furniture aforesayde, after suche rate, proporcion and fourme as is afore limitted: that then euery suche person shal forfayt and loose for euery suche three monethes for euery Horse or Geldynge so lackyng, ten poundes: for euery Dimilaunce and furniture of the same, thre poundes: And for euery Corslet and furnyture of the same .xl.s. And for euery Almayne Ryuet, Cote of plate or Brigandine .xx.s. And for euery Bowe, sheafe of Arrowes, Bill, Haulberd, Haquebut, steele Cappe, skull, Murryon, and Sallet .x.s.
¶Against the carying and conuayinge of Horses and Mares out of the Realme.
NOne shall carrye or conuay out of the Realme any Horse, Anno. 11. H. 7. Ca, 13. or anye Mare, the pryce of which Mare shalbe aboue .vi.s. viii.d. and vnder the age of thre yeres, without licence: vppon payne of forfayture Forfayture of the same Horse and Mare. Neuerthelesse euery subiect of this Realme may carry any suche Horse for theyr owne vse, takyng an othe before the Customer of the port where he embarketh, that he entendeth not to sell the same Horse.
None shall sell, An. i. Ed. 6. Cap. 5. conuey, exchaunge, geue or delyuer into the Realme of Scotlande, to the [Page] vse of any Scottishman, or into any place beyonde the Sea out of this Realme, any Horse, Geldyng, or Mare, without special licence vnder the great Seale, Forfaiture or vnder the priuie Signet: nor shall sell, conuey, exchange, geue, or deliuer to any Scottishmā within this Realme, or the marches of the same, to thyntent to be conueyed into Scotlande, any Horse, Mare, or Geldinge, without lyke licence, vpon payne of forfayture of the same Horse, Mare or Geldyng, and the summe of .xl.li. for euery suche Horse, Geldyng, or Mare, and to suffer imprysonment by the space of one hole yeare.
And it shalbe lawefull to euery subiect of thys Realme, Artest and imprison. to arrest and impryson euerye Scottyshman, and euery other personne that shall leade or conuey (contrary to the meaning of this act) any such Horse Geldyng, or Mare. And that euery person that shall haue such licence to cary any such Horses, Mares, or Geldynges into Scotlande, shall, before the sayde carryage or conueyaunce of them, vppon the payne of forfayture of the same, or the double value thereof, shewe his sayde licence to one of the wardens of the thre Marches of England, The licēce to be kalendred. foranempst Scotland, to thyntent that one of them shall cause the number of the sayde Horses, Mares, or Geldings, not only to be kalendred in a booke, remaynyng in his owne custodie: but also to be indorsed and wrytten on the backsyde of the sayde licence, and the same indorsement to be sygned with the hande of the sayde Warden.
Yf anye person shall exchaunge or delyuer [Page] within the Realme of Scotlande, Anno. 23. H. 8. Ca. 16. or in anye place or grounde called the Batable lande, or grounde betwene England and Scotlande, to the vse of any Scottyshman, any Horse, Gelding, or Mare, Felouie. without licence vnder the great seale: or sel, exchaunge, or deliuer to any Scottishman within the Realme of England, Wales, the towne of Barwike, or the Marches of the same, or in any of the sayd Batable groūd, any Horse, Geldyng or Mare, to thintent to be conueyed into Scotland, without like licence, shalbe adiudged & demed by the lawe a felon. And thys offence is made felony, aswell in the seller, An. i. Eliz. Reg. Cap. 8. exchaunger, or delyuerer, as in hym or them to whom the sayde sale, exchaunge or delyuery shalbe made.
The Wardens of the thre Marches in theyr warden courtes, and the Iustices of peace in theyr quarter sessions, shall enquire, heare and determine any such felony.
And it shalbe lawfull to euery subiect of the Realme, 23. Hen. 8. Cap. 16. and inhabiting on the foresayd Marches foranempst Scotland, to arrest any Scottishman, leading or conueying any such horse, Geldyng or Mare out of the Realme. Arrest.
And although this last resited Statute of xxiii. H. viii. was repealed by the seueral Statutes of An. i. Ed. vi. & An. i. Regi. Marie: Yet it is now fully reuiued by the Statute of Anno. i. Eliza. Regine. Cap. viii.
[Page] A collection of the substaunce of certaine necessary Statutes, to be by the Iustices of peace diligently executed, within euery Shire of the Realme.
Publyshed. Anno Domini. 1561.
Anno Regin. Elizabet. 3.
THE TABLE.
- i. Of Alehouses.
- ii. Of Apprentises.
- iii. Of Archery.
- iiii. Of playes and games.
- v. Of Rebellion.
- vi. Of Regrators and forestallers.
- vii. Of Tyllage.
- viii Of vyttayles and wood.
- ix Of Wynes.
- x. Of Wooddes.
- xi. Agaynst Uacabundes.
- xii. Agaynst reteyners and geuers of liueries.
- xiii For robberies and watches.
- xiiii Agaynst reporters of slaunderous tales and newes.
- xv. For repayryng and amendyng of hygh wayes.
Of Alehouses. Anno. v. Edw. vi. Cap. xxv.
IUstices of peace shall remoue common Alehouses, and typlyng houses where they shal thinke meete.
None shalbe suffred to kepe any common Alehouse or tiplinge house, but suche as shalbe admitted in the sessions of the peace, or by two Iustices of peace, & they shalbe bounde by recognisaunce against the vsyng of vnlawfull games, and for mayntaynaunce of good rule.
The Iustices of peace shal certifie the recognisaunce at the next quarter sessions.
Iustices of peace in theyr quarter sessions shal enquire and determyne of them that be so admitted and bounde.
If any not admitted shall kepe a common Alehouse or tipling house, the Iustices of peace shal commit him to the common gayle for .iii. dayes, and before hys deliueraunce shall take recognisaunce with two suerties, that he shall not kepe any alehouse or typling house.
The Iustices shal certifie those recognisaū ces and offences, at the next quarter sessions, whiche certificate shalbe of conuiction of the offence, and .xx.s. shal in the sessions be assessed for the fine.
Fayres be excepted.
Of Apprentices. An. 7. Hen. 4. Cap. xvii.
APprentice where his father & mother cannot dispend .xx.s. by yeare, his couenaunt shalbe voyde, and he shalbe put to suche [Page] labour as his father and mother vseth, or to some other as his estate requireth, vpon paine of a yeres imprisonment, and to make fine and raunsome to the kyng, and he that reteyneth hym shall paye .C.s. to the kyng, yf the yerelye value of his fathers and mothers lande be not fyrste testified vnder the seale of the two Iustices of peace of his countrey. And he that wyll sue for the kyng shall haue thone halfe. And in euery leete, they that be out of seruices, shalbe sworne to serue, or els put in suerties vntyll they wyll serue.
And this sute shalbe taken aswell before the Iustices of peace, as other Iustices.
By Anno. viii. Henri. vi. Capit. ii. London is excepte. And by Anno. xi. Hen. vii. Cap. ii. Norwich is except.
Of Archery. An. xxxiii H. viii. Cap. ix.
EUery Subiecte vnder .xl. yeres of age, not hauing impediment (except spiritual men Iustices and Barons of thescheker) shall vse shotyng in long bowes, and haue a bowe and arrowes ready.
The fathers and rulers of men children shal bryng them vp in shootyng, and haue in his house for euery man chylde of .vii. yere olde tyl he come to .xvii. a bowe and two shaftes, & to abate the money for them of their wages, vpō forfeture .vi.s.viii.d. for euery month lacking.
Euery man after his age of .xvii. yeres, shal haue a bowe and foure arrowes, and occupye the same, vppon forfaiture of .vi.s.viii.d. for euery month lacking. None vnder .xxiiii. yeres [Page] shall shote at prickes vpon forfaiture of .iiii.d. for euery shote. None aboue .xxiiii. yeres shall shote at a marke of .xi. score or vnder with any prickshaft, vnder payne of .vi.s.viii.d. for euery shote▪ None vnder .xvii. yeres, except he, his father or mother haue .x.li. landes, or be worth xl. markes in goodes, shal shote in any bowe of ewe bought for hym, vpon forfaiture of .vi.s. viii.d.
Buttes shalbe made and continued in euery place by thinhabitauntes. vpō forfeture .xx.s. for euery three monethes lacking. The inhabitantes shall exercise shoting in holy dayes and tymes conuenient.
Bowyers out of London for euery bow that he maketh of ewe, shall make foure of Elme, witch, or other apt wood, vpon forfaiture .iii.s iiii.d. for euery bowe lackyng: and in London for euery bowe of ewe, shall make two of Ashe, Elme, or other wood meete.
No Bowyers shall sell any bowe of Ewe for any vnder .xiiii. yeres, aboue .xii.d. And shall haue bowes of Ewe for them fro .vi.d. to .xii.d and for them vnder .xxi. yeres, at reasonable prices: and shall sell no bowe of Ewe of the taxe called olke, aboue .iii.s.iiii.d. vpon forfaiture of .xx.s. Bowstaues of Ewe shalbe solde open, and not in bundels.
Fletchers of London may sell timber to other: and ordinaunces made by theyr Wardens or otherwyse to the contrary, to be voyde.
Bowyers, Fletchers, Stringers, Arrowhed makers in London, not free, shall by thapointment of one of the Councell, inhabite in other [Page] townes, vpon forfaiture of .xl.s. No alien not denizen shall conueye out of the kynges obeysaunce any long bowes or arrowes, vpon forfeture therof or the value, & to haue imprisonment tyll he haue made a fine before the Iustices of peace, or find suertie for the fine, nor vse shootyng without licence, vpon forfaiture of theyr bowes & arrowes to thē that wyl sease.
Iustices of Assise, Gayle deliuery, and of the peace, and Stewardes of letes to enquire and determine the premisses.
Of playes and games. An. 33. H. 8. Cap. 9.
NOne for gayne shall kepe anye common place of bowlyng, tenys, dysyng, or carding, or vnlawful game, vpon forfaiture of .xl.s. euery day. Euery person haunting the same, to forfeite for euerye tume .vi.s.viii.d. Euery placard for a cōmon gaming house, shal contein what game shalbe there vsed, and who shall play therat, or els to be voyde: & the partie obteyning such placard, to be bounde in the Chauncery to vse the placarde not otherwise.
Iustices of peace and head officers, to resort to suspected places, and to imprison the kepers and players, vntyll they haue founde suertie to leaue it. The head officers to make searche monthly in suspect places vpō forfaiture of .xl. s. No artificer, husbandman, apprentise, nor seruaunt, shal play at tables, tenis, dice, cardes bowles, or other vnlawful game out of Christmas, vpō forfaiture of .xx.s. And in Christmas in theyr maisters houses or presence. None shal bowle in open place without his Garden or [Page] Orchard, vpon forfaiture of .vi.s.viii.d. Iustices of peace and head officers shall commit to warde such as shall vse vnlawfull games, tyll they be bounde to the contrary.
All sutes vpon the Statute to be cōmensed within the yere. The Lord of the Lete to haue the one moitie, and he that wyl sue to haue the other: and out of fraunchises the king to haue the one moitie. Proclamation to be made by the Iustices and head officers foure times in the yere in euery market and sessions.
Agaynst Rebellion. An. 1. Mar. Cap. 12.
IF .xii. or aboue assembled together, entend or practise with force and of their owne auctoritie, to change any lawes made for religion by Parliament, or any Statutes: or to ouerthrowe, cutte, breake or dygge vp the pales, hedges, ditches, or other inclosiers of any parke, or grounde enclosed, or the bankes of any fishepond or poole, or any conduit, conduit heades, or pypes hauing course of water, to the entent that the same shoulde remayne not enclosed, or voyde: or vnlawfully to haue comon or way in the said parke or groūd: or to destroy the Dere in any parke, or any warren of Connies, or any douehouses, or anye fishe in anye ponde or poole: or to pull or cut downe anye houses, barnes, mylles, or bayes: or to burne any stacke of corne, or to abate the rent of any landes, or the price of any victuall, they beinge commaūded (by the Sheriffe or anye Iustice of peace, Maior, or bailiffe of any town corporate where such assemble shalbe) by Proclamatiō in [Page] the Quenes name, to retire to theyr houses, and shall remaine together by one houre after the Proclamation, or after shal in forcible maner attempt any thyng abouesayde, this is felony.
It is felony in any person, that without aucthoritie by ringing any bell, soundyng any trumpet, drumme, horne, or other instrument, fyryng any beacon, malicious speakyng anye wordes, makyng any outcry, settyng vp or castyng anye wrytyng, or by any acte shall reyse or cause to be reysed .xii. persons or aboue, to thintent that the same persons should do anye thing aboue mentioned: which persons so reised, after commaundement as is aforesaide, do continue together, or vnlawfully do any thing abouesayde.
It is felony in any wife or seruaunt, or any other, that without compulsion shal sende, deliuer or conuey any money, harneis, artillery, weapon or victuell to any so assembled, which do not depart to theyr houses after commaundement as is aforesayde.
If aboue .ii. and vnder .xii. assembled together, entende or practise with force of theyr owne auctoritie, to kyll any subiecte, or to ouerthrowe, cutte, breake, or dygge vp the pales hedges, diches, or other closure of any parke or grounde inclosed, or the banke of any fishpond or poole, to the intent that the same should remaine open or voyde, or to haue comon or way there: or to destroy any parke, fysheponde, or poole, or any warren of Connyes, or any douehouse: or to pul or cut downe any house, barne [Page] mylle, or to burne any stackes of corne, or alter or abate the rentes of any landes of anye subiecte, or the price of any victuell, or anye other thyng vsuall for the sustenaunce or apparell of men, and beyng commaunded as aforesayd, to retire to theyr houses, and shall not so do, but after shall in forcible maner attempt or put in vre any of the thinges last mentioned, thei shal suffer imprisonment by a yere.
If any shalbe damnified by the doyng or puttyng in vre of any thyng aboue mencioned, he shall recouer agaynst the offendours, damages with the costes of the sute trebled.
If aboue two vnlawfully assemble, to thintent with force to do or put in vre anye of the thynges abouesayde, it shalbe lawfull to euery Iustice of peace, Sheryffe, Maior, Baylyffe, or head officer of any towne corporate, or anye other hauyng the Quenes Commission or letters, aswell to rayse the subiectes in maner of warre, in such nomber as he shal thinke mete, to the intent by strength to suppresse and take the persons so assembled, and that if those persons so assembled, after such commaundement by proclamation, shall continue together, and not endeuour them selues to returne towards theyr habitacions, in such shorte tyme as they maye conueniently: then it shalbe lawfull to them hauyng aucthoritie as is aforesayde, to suppresse and take them so vnlawfully assembled, and that if anye of them shall fortune to be kylled or hurte about the suppressyng or takyng of them, euery person hauing aucthoritie as is aforesayde, shalbe vnpunyshable of such [Page] kyllyng or hurtyng.
Euery copyholder and fermer being yoman, artificer, husbandman, or labourer of .xviii. yeres olde, or vnder .lx. not impotent, nor hauyng reasonable excuse, being required by thē hauyng auctoritie as is aforesaide (they declaring their auctoritie) or being required by the lorde immediate of theyr copyholde, or by the landlorde of the ferme, to serue the Quene for any cause abouesayde, and refuse so to do, shall duryng his lyfe lose to his lorde all theyr copyholdes, and to his landlord his ferme, and they to enter into the same, and to reteyne the same duryng the lyfe of the offendour.
If any which shalbe moued to make cōmotion or vnlawfull assemblye for any of the intentes abouesaid, do not within .xxiiii. houres (onlesse he haue reasonable excuse) declare the same to a Iustice of peace or Sheriffe, Maior, Bailiffe, or other head officer of towne corporate, where suche is, he shalbe imprisoned by thre monethes, onlesse he be discharged by thre Iustices of peace, of that Shire (wherof one to be of the Quorum.) If any aboue .xviii. yeres old, and vnder .lx. able to serue, whiche shalbe required by any Iustice of peace, or the sheriffe there, or by the Maior, Bayliffe, or other head officer of anye towne corporate, or by anye of their commaundementes, to go with hym to suppresse the persons vnlawfully assembled, do wyllyngly and obstinately refuse so to do, he shalbe imprisoned by a yere.
If the Quene by letters patentes make any lieftenaunt in any shire for the suppression of [Page] any commotion: then the Iustices of peace, sheriffes, head officers, and all subiectes there, (except they haue reasonable excuse) shall vpon declaration of the letters patentes and request made, be bound to geue attendaunce vpon the lieftenaunt, to suppresse the commocion, vpon payne of imprisonment of a yeare.
If any do let, hinder, or hurte any that shall proclayme or go to proclaime the proclamatiō, wherby the proclamation shal not be made, he so offending hauing knowledge of his message, shall incurre such payne and forfeiture, as the persons assembled shuld haue incurred for not obeying the proclamation, if it had ben made.
And euery person assembled to the nomber aforesaid, to attempt or do any thing aforsaid, to whom proclamation shuld or ought to haue ben made (yf the same had not ben let, as is aforesayde) yf they do afterwarde commit anye thyng aforesayde, hauyng knowledge of the let so made, or procuryng the same lette, shall incurre lyke payne and forfaitures aforesayde, as though the proclamation had ben made.
Theffect of this act shalbe declared at euery quarter sessions, and at euery Lete.
The heyre of euery offender aforesayd, and al other, except such persons as shalbe attainted, conuicted, or outlawed of any felony aforesaid, shall enioy all such ryght and interest, as they haue or shall or ought to haue, as if suche atteynder had neuer ben made.
Sauyng to al persons theyr liberties & fraunchises.
[Page] If any procure any to do anye of the offences aforesayde, he shall suffer suche imprisonment as is before expressed agaynste conceilours of such offences.
If fortie or mo assemble in forcible maner, & of their owne auctoritie, to thintent to do any of the thinges abouesayde, or other felonious or rebellious acte, & so shall continue together three houres after Proclamation made, at or nygh the place of the assemble, or in some market towne next, and after notice therof to them geuen: euery of them shalbe adiudged a felon.
No lieftenaunt shall make any deputie, nor shall conuent before him by auctoritie of lieftenaūcie any, for any cause, saue only for causes expressed in this act.
None shalbe put to any losse or punyshment as accessary to any of the offenders aforesayde, for receiuing, comforting, or aydyng any suche offendour, after suche acte committed or done. None attainder or conuiction for anye offence aforesaide, shalbe corruption of bloud betwene the offender and any of his Auncesters, or such as should be heyre vnto him, if no such attainder or conuiction had bene.
Of Regrators, forestallers, and Ingrocers. An. v. Ed. vi. Cap. xiiii.
HE that shall bye any thing commyng towarde any market or faire to be solde, or comyng toward any place from beyonde the sea to be folde, or make anye bargayne or promise for hauyng the same before it shalbe in the market, faire, or place to be sold, or make [Page] any mocion for inhauncing of the price, or disswade any commyng to the market or faire, to abstayne to bryng any thing thither to be sold, shalbe adiudged a forestallor.
He that shal regrate or get into his handes in any fayre of market any vyttayle, and do sel the same agayne, there or in any other fayre or market within .iiii. myles therof, shalbe taken a Regrator.
He that shall ingrosse and get into his hand by bying or promise (other then by demise or lease of lande or tythe) any deade vyttayles to sell agayne, shalbe taken an ingrocer.
The offendors aforesaide, shall for the firste offence be imprisoned by two monethes, & forfeit the value of the thyng bought. And for the seconde offence, shall haue imprisonment by halfe a yere, and forfait the double value of the thyng bought, and for the thirde offence, be on the pyllory, and forfait all his goodes, and be imprisoned at the kynges pleasure.
Bying of barly, bigge, or otes to make malt, or bying of any thing by an inholder or vittailer as concernyng his facultie to sel agayne by retayle vppon reasonable price, or takyng of vyttayle reserued vpon a lease, or bying of vittayl by any bager, or carier, or drouer that shal be alowed, or common prouision made for any towne, shippe, or forte, without forestallyng, shall not be iudged any offence.
Bying of solde corne, and hauing sufficient before for his owne prouision, not bringyng so much to the market, shal forfait the double value.
[Page] Bying of quicke cattell, & sellyng of the same within .v. wekes, shall lose the double value.
Iustices of peace shall enquire & determine the offences aforesayde.
Of Tyllage and increase of Corne. Anno. v. Ed. vi.
ASmuch land shalbe put in Tillage, and so continue in euery towne, as was in tyllage by .iiii. yeres synce. An. i. H. viii. vpon forfeiture for euery acre, for euery yere .v.s.
The kyng may direct commissions, and the Commissioners shall search by the other of .xii. men, what landes in euery towne, haue since An. i. Hen. viii. ben conuerted from tyllage to pasture, and so continueth. And the .xii. men shall present the names of thoccupiers therof, and their presentment shalbe estreted into the Eschequer.
The Commissioners shall take an othe to execute the Statute, and shall direct theyr precept to the Sheriffe, to warne men to enquire & present the premisses, and to set fines, issues, and amerciamentes, and estrete the same into the Eschequer.
Certeyne groundes be excepted.
Iustices of Assise, of Oyer and determiner, and of the peace, shall enquire and certifie the presentmentes, and the partie greued maye tende his trauers.
Sheriffes shall not enter into any liberties for thexecution of this acte.
He that is sued by force of this acte, shal not be sued by any Statute before made for reformation [Page] of this matter.
Of Uictuales & wood. An. 1. &. 2. Philippi & Marie.
NOne shal cary out of England any corne or malt, beare, butter, cheese, herryng or wood, except to Callis, Hames, Gines, & Barwike, vpon forfeiture of the ship or vessell, and the double value of the thyng caried, & the master and mariners of the shippe, to forfeite all their goodes, and to be in prison by a yere.
And yf any conuey any thinges aforesayd, to any vessel on the sea, or within any place of the border of this realme, to be caryed out, the forfeitures to be as is aforesayde.
If any obteynyng any licence to the contrary, or his assignes, do cary any more then shall be in the licence, he shal forfeit the treble value of the thing, & suffer imprisonment by a yere.
None hauing licence shall lade at sundry places, vpō forfeture of the thing, & all his goods.
Iustices of peace shall enquire and examine all offenders of this act, and determine the offences.
When corne is at certayne prices, it may be caryed ouer.
Uyttaylyng of shippes is excepted. The Admirall may execute his iurisdiction.
Of Wines. An. vii. Ed. vi. Cap. v.
NOne shall retayle any Gascon or French wines, but at .viii.d. the gallon, and Rochell wine but at .iiii.d. the gallon, nor any other wine, but at .xii.d. the gallon, vpon forfeiture of fiue pounde for euery offence.
[Page] None except he haue of yearly profytes certayne .C. markes, or be worth in goods a thousand marks, or the sonne of a Duke, Marques Earle, Uiscount or Baron, shall haue in hys house to spende any peece of Goscoine, French or Rochell wine, aboue ten gallons, vpon forfayture of .x.li.
None shal kepe any tauerne or sell by retaile any wines, except certaine places appointed in the statute, and except such as haue the kinges and Quenes letters, vpon forfayture for euery day .xx.li.
None shal kepe any tauerne, nor retayl any wine, but such as shalbe assigned therunto by wryting, vpō forfayture of .v.li. for euery day.
There shalbe assygned but two tauernes in euery towne (except certayne townes.)
Fortie tauernes shalbe in London, and certayne number is appoynted for dyuers cities and townes.
None shall sell by retayle any wynes to be spent in his house, vpon forfayture. of .x.li.
Marchauntes aduenturing for wines, may spende in hys house suche wynes as he bryngeth into Englande, not sellinge it.
Sherifes and head officers of townes corporate, and kepers of Fortes, may haue wyne in their houses, to spende there, without sellyng.
Iustices of peace, Stewardes of letes, Sherifes, and eschetours, may enquire by .xii. men of these offences, the moytie of the forfaytures there founde to the kynge, and thother to the poore people of that place. ¶This Act shal not take away the priuileges of the vniuersities.
Of woodes. Anno▪ 35. Hen. 8. Cap. 17.
UPpon woods, Copyes, or vnderwoods, there shalbe lefte vnfelled for euery acre felled .xii. standels lyke to proue tymber, which shalbe preserued till they be of .x. inches square within thre foote of the ground, vppon forfayture for euery standell so not left .iii.s.iiii.d.
Al copies and vnderwoods at thage of .xiiii. yeres, duryng .iiii. yeres shalbe enclosed, or the springes therof preserued, vpon forfayture for euery rode .iii.s.iiii.d. for euery moneth.
All copies and vnderwoods felled aboue the age of xiiii. yeres, duryng .vi. yeares shalbe inclosed, or the spring preserued, vpon forfayture of .iii.s.iiii.d. for euery moneth. None shall returne into pasture or tyllage any copies or vnderwoods, contayninge two acrees, nowe preserued for thyncrease of wood, vpon forfaiture for euery acre .xl.s.
Euery person hauyng any seueral woods or copyes with great trees aboue .xxiiii. yeares groth, shall at the fellinge leaue for euery acre xii. trees, to be preserued during .xx. yeres. And duringe seuen yeares enclose them, or preserue the sprynges, vppon forfayture for euery of those trees felled, syxe shillinges eyght pence, and for euery rode .iii.s.iiii.d. Sauynge those trees may be cut downe for buildinges and reparations.
None hauinge woodes, wherein any hath common, shal sel those woods, but to his owne occupatiō, til the fourth part be by the owner [Page] inclosed as is declared in this act.
And at euery fellinge, it shalbe enclosed and preserued .vii. yeares, and no beastes durynge those .vii. yeres, shalbe suffred to feede in that part, and the commons to haue their common in the residue, and the lorde is excluded to put any cattell there, or to take anye profite of the pasture there, duryng those .vii. yeres, and after the .vii. yeares, al to lye in common for the lorde and the commons.
And yf that part inclosed be not felled within foure monethes, then the commons to vse theyr common, and the owner to leaue open places, wherby the common beastes may come in as long as it shall stande vnfelled. Certayne places and former bargaynes be excepted.
Breakers of fences shall forfayt .x.s.
If any suffer his swine to go in any common or woods not ringed or pegged, the owner shal forfait for euery swine .iiii.d.
Where woodes shalbe felled in any grounde inclosed where dere shalbe kept, the inclosure shalbe kept for foure yeares. If the inclosures be broken against the willes of the owner, the penalties to be extended vpon those by whom the sprynge shalbe hurted. After the woodes preserued by two yeares, Coltes and Calues vnder a yere olde may be put there.
Against Uacaboundes. An. 22. Hen. 8. Ca 12.
THe Iustices of peace, Mayres, sheryffes, baylyffes and other offycers within theyr limites shal deuide them selfes, and so deuided, shall make diligent search & enquirie of [Page] all aged, poore, and impotent persons, whiche of necessitie be compelled to liue of almes, that shalbe abiding within the limittes of their diuision, and thervpon shal haue power by their discretions, to enable to begge within theyr limittes, such impotent persons which thei shal thinke conuenient within the limites of their diuision, to lyue of almes, and to commaunde them not to begge without the limittes to thē so appoynted, and shall wryte the names of euery suche begger in a roll indented, whereof thone part to remayne with them selues, and thother to bee certified at the next sessions of the peace: and they so deuided shal haue power to make seales with the names of the hundredes, Rapes, Wapentakes, Cities, Boroughes, townes, or places, within whiche they shall limit euery such begger, and shal deliuer to euery suche begger a letter sealed with the sayde seale, and subscribed with the name of one of the sayd Iustices or offycers, conteynynge hys name, and wytnessynge that he is aucthorised to begge, and his limittes: and yf he begge out of his limittes, the Iustice of peace and all other the kinges offycers, shall imprison him in the stockes by two dayes and two nightes, geuing him only bread and water: and after shal cause hym to bee sworne to returne without delay to the place whee he is aucthorised to begge in.
No impotent person shal begge, except he be aucthorised by wrytynge vnder seale as is abouesayde: and yf any impotent person go a beggynge hauynge no such letter, the Constables [Page] and other inhabitauntes there, shal cause them to be brought to the next Iustice of peace, or high Constable of the hundred, who shall cause the bringers to strip him naked from the the middle vpward, and cause him to be whipped, where the sayde Iustice or high constable shall appoynt, or els commaunde him to be set in stockes where he was taken by thre dayes & thre nightes, there to haue only bread and water, and thervpon the said Iustice or high Constable shal limit ot him a place to begge in, and geue hym a letter vnder seale as is aforesayde, and swere him to repayre thither immediatly.
It any beynge whole and able to labour be taken in begging, or hauing no land, mayster, nor vsinge any lawfull marchaundise or craft to get his liuing, be vagaraunt and can geue no reckenyng howe he doth get hys lyuynge: then it shalbe lawefull to the Constables and subiectes of euery place, to arest hym & brynge him to any Iustice of peace, or to the high Constable of that place: and yf he be taken in any towne corporate, thē to be brought to the Maior, sheriffes, or bayliffes there, & they to cause him to be had to the next place where thei shal thynke conuenient, and there to be tyed to thende of a cart naked, and to be beaten with whippes thorowout that place tyl his body be blouddy, and then he by them to be enioyned by his other to returne forthwith the next way to the place where he was borne, or where he last dwelt by thre yeares, and there to put hym self to labour: & he to haue a letter sealed with the seale of the place wherein he shalbe punyshed, [Page] witnessing that he hath ben punished accordinge to this estatute, and contayninge the day and place of his punishment, and the place whervnto he is limitted to go, & by what time he is limitted to come thyther: within whiche tyme he may lawfully begge by the way. And yf he do not accomplishe that letter, then to be eftsones whypped: and so often as any default shalbe in him, in euery place to be whypped til he be repayred where he was borne, or where he last dwelt by thre yeres, and there to labour for his lyuyng.
And if any so whipped be an ydell person, & no common begger: then after such whipping he shalbe kept in stockes til he haue found suertie to go to seruice or labour, or els to be sworn to repayre where he was borne, or where he last dwelt by thre yeres, and to haue like letter and punishement yf he eftsones offende, as is aboue appointed for the common stronge begger▪ & so from time to time til he get his liuing. Iustices of peace shall haue power to enquyre of all Maiors and other offycers and persons that shalbe negligent in executing this act. If the Constables and inhabitauntes where any suche impotent persons or stronge beggers do begge, be negligent, and do not punysh him as is aboue limitted, the Towneshyppe for euery such impotent begger, shal forfeyt .iii.s.iiii.d. and for euery stronge begger .vi.s.viii.d. the moytie. &c.
All Iustices of peace shal haue power to determine euery such default, & to make processe by distresse against the inhabitauntes there, by [Page] whiche diffresse, the Sheriffe shall deteyne the good of suche one or two of the sayde inhabitaunts, as he may haue knowledge were most negligent in the execution of thys act, and the sayd distresse reteyne till he finde suertie to appeare at the sessions limitted in the sayde dystresse: and if he appeare & confesse the default, or transgresse the presentment, and it be tryed against him▪ or deny the information, and it is proued against him: then the Iustices of peace in theyr sessions shal assesse their fynes, and to make processe for the leuying of the same be distresse of the inhabitauntes of the towne: the fyne yf it growe by presentment, to the kynge, and if it growe by information, then the moytis to hym that sueth. &c. If any person dystrained appeare not, then vpon the returne he shall lose at the fyrst .iii.s.iiii.d. and at the seconde. vi.s.viii.d. and so to be doubled for euery distresse.
Scholers of vniuersities that go a beggyng not being aucthorised vnder the seale of the vniuersitie: and all shypmen pretendynge losses on the sea, goyng a beggynge without aucthoritie, shalbe punyshed like strong beggers. And all proctours and pardoners goynge without aucthoritie, and all other ydell persons, some vsyng vnlawfull games, and some faynyng to haue knowledge in Phisicke, Phisnomie, Palmestry, or other craftie sciences, yf he before two Iustices of the peace, wherof one to be of the Quorum, be found giltie, shalbe whypped two dayes together after the maner before rehersed, and for the seconde offence to be scourged [Page] two dayes, and the thyrde day to be put on the pyllory from nine of the clocke vnto eleuen, and to haue one of hys eares cut of, and for the thyrde tyme to haue lyke punyshment, and to haue his other eare cut of.
The Iustices of peace haue like aucthoritie within theyr fraunchises.
Thys act shalbe yerely read in the opne sessions. If any geue harborowe or money to any begger hable to worke, he shal make fine to the king, by the discretion of the Iustices of peace at their generall sessions.
If any let the execution of this act, or make rescues, he shal forfeit .C.s. and haue imprisonment at the kynges wyl: thone moitie. &c.
Thys act shall not be preiudiciall to the Barons and inhabitauntes of the .v. portes.
And the Maior, Bayliffes electes, and Iurates in any towne within the fyue portes, haue lyke aucthoritie as the Iustices of peace haue in any shyre.
And the inhabitauntes within the said fyue portes, shalbe bound to thexecution of this act, vpon like payne before remembred. And if any that shal inhabite within the .v. portes, begge without the .v. portes, he to be punyshed according to this act: euery letter to be made wherby any impotent shalbe aucthorised to begge, shalbe made in this fourme. Kent. S. Memorandum that A. B. of. D. for reasonable considerations, is licensed to begge within the hundred of P. K. and L. in the sayd countie, geuen vnder the seale of that lymytte. Tali die & anno. [Page] And euery letter delyuered to suche begger or vagabound after he hath ben whipped, shalbe made in this wise.
Kent. S. I. S. whypped for a vagabound stronge begger at Dale, in the sayd countie, according to the lawe. the .xii. day of Iuly, in the xxiii. yere of king Henry the .viii. was assigned to passe forthwith and directly from thence to Gale in the countie of Mid. where he sayth he was borne, or where he laste dwelled by the space of three yeares, and he is limitted to be there within fourtene dayes next ensuynge at hys peryll. In witnesse wherof the seale of the limyt of the sayde place of hys punyshement hereunto is set. And euery suche letter aboue rehearsed, shalbe made at the equall costes of such Iustices, Maiors, & other offycers aboue rehearsed, and shalbe subscribed with one of their handes, after this fourme. per me A. B. vnum iustitiariorum pacis, or Maiorum ciuitatis, or Ballium villa, or Constabularium talis, hundreth, or elles in lyke fourme in Englyshe.
And they that haue the custodie of any gaoles, shal make a seale graunted, with the name of the prison or Gaole, and they that be deliuered out of pryson for suspicions of felony, and haue not wherwith to pay their fees, shal haue libertie to begge for theyr fees by .vi. weekes, and then compelled to go where he was borne, or where he last dwelled by thre yeres: and euery one so delyuered, shall haue a letter ot hym deliuered by the clarke of the peace, or by the towne clarke where he is deliuered, witnessing the tyme and space of his deliueraunce, and afore [Page] whom, and the tyme apoynted him to beg for his fees, and the place whyther he is assigned to go, and to euery suche letter the Gaoler shal put to the seale before rehersed: and euery such letter shalbe made in this wise folowing. Essex S. the .xx. day of Iuly. An. regn. regis. H viii.xxiiii.I.S. was deliuered for felony out of the Gaole of D. in the saide countie, at the sessiōs holden before A.B. and his felowes at Gale, the day & yere aforesaid, and is alowed to begge for his fees by the space of .vi. wekes, & in case he can get him no maister to work with within the sayde terme, then he is assigned to passe directly to Dale, in the sayde countie of Kent, where he sayd he was borne, or where he last dwelled by the space of thre yeres, and he is alowed .xiiii. dayes next after y e said .vi. wekes for his passage thither. In witnesse wherof the seale of the said prison is hereunto set.
And in suche shires where is no Gaole, the sheriffe shall cause a seale to be ingraued, with the name of the shire, and shal order and vse the same in lyke fourme. And euery clarke of the peace, or towne clarke, shall make for euerye such person so deliuered, the said letter, without any fee therfore taken, and deliuer it to the Gaoler: or the sheriffe of the shire, if there be no Gaoler, within one day after the sessions, vpon paine of forfaityng for default of euery letter xii.d. to the kyng. Nor the gaolers nor sheriffes shall suffer none to depart out of prison; except it be to seruice or labour, without he first delyuer hym the sayde letter sealed with the sayde seale, vnder lyke payne for euery default.
[Page] And if any being deliuered out of prison, do begge without hauing such letter, or do begge contrary to the tenor of his letter, then he to be taken and whipped, as aboue is sayde of the strong beggers, and that to be done, vpon such payne as is afore limitted for none execution of punishment of strong beggers.
Euery person being bound by any foundation to geue any money in almes, and euery perosn at cōmon doles vsed at burials or obits to geue money in almes to all persons coming to suche doles, maye geue as they before this time haue done.
Maisters of hospitals maye lodge any person according to their foundation, & to geue mony in almes, in such wise as they are bound to do.
Against vacabundes. An. 3. Ed. 6. Cap. 16.
IF anye aged or impotent offend this Statute, he shalbe punyshed as is prouided in the statute of .xxii. H. viii. Cap. xii.
Comon labourers hable in body, vsyng loytering and refusing to worke for such reasonable wages as is most comonly geuen where he dwelleth, shalbe for euery refusell adiudged a vacabunde, and shalbe punyshed as strong and mightie vacabundes, in such fourme as is declared in the sayde acte of .xxii.
All Maiors, Sheriffes, Bayliffes, Constables or head officers of Citie, Towne, or Uyllage, shall before the Purification. An. M.D.xlix. see all such idell, impotent, maymed, and aged persons, who can not be taken for vacabundes which were borne there, or haue ben ther most conuersaunt by three yeres, and now decayed, [Page] prouided of houses, at the costes of the sayde towne, there to be relieued and cured by the deuocion of the people there. And that they do not suffer there any other to begg within that precinct, except such as are aucthorised by this act, vpon forfeture for euery .iiii. dayes .x.s. to hym that wyll sue. Maiors, Bayliffes, Sheriffes, Constables, and other head officers, shal euery moneth once, make a vewe of aged, impotente & lame beggers within their precinct, and see all suche as were not borne there, nor hath ben for the most parte there conuersaunt by three yeres, or be bot aucthorised by this estatute, conueyed to the next Constables, and they to conuey thē to he next Constables, and so from Constables to Constables, tyll he be brought to the place where he was borne, or was most conuersaunt, there to be noryshed of almes as is aforesayd, vpon forfeture for euery default .x.s. The one moitie. &c.
If any such aged, maymed or impotent person, not so impotent, but that they may worke in some worke: than such towne shal eyther in comon prouide such worke for him as he maye be occupyed in, or appoynt hym suche as wyll fynde hym worke for meate and drynke: which yf he refuse to do, or run away and begge, then to punyshe hym with stockyng, beatyng, or otherwyse as shall seme conuenient.
All lepers and bedreds may remaine in such houses appointed for them, as they be now in▪ and maye appoynt their proctours, so they be not aboue two for one house, to gather almes within .iiii. myles.
[Page] Commissions may be graunted to suche as hath theyr houses or barnes burned, or suche losses, or to lepers to gather almes.
If any child aboue fiue yere old or vnder .xiiii. go wanderyng or alone, if anye that is able to kepe it, wyll take it from any begger being the father or mother, or other, and bryng it before one of the constables there, and ther next quarter sessions, presente it in the presence of the Constable, before the Iustices of peace, & there promise to bring it vp tyll the woman chyld be xv. yere olde, and the manchilde .xvii. yere olde: these Iustices shall adiudge that chylde vnto those ages, to be seruaūt to him so promising, which chyld shalbe ordered as seruaūtes without wages, and that iudgemnet to be entred by the clarke of the peace.
If suche chyld run away▪ the master to take it, and kept it, and punyshe it at the libertie of the maister, and to haue a warraūt from a Iustice of the peace for that chyld running away, and therby the child to be taken and ordered as is prouided by the Statute labourers, for seruauntes departynge out of theyr maisters seruice. If any person steale or intice away anye suche chylde so adiudged for a seruaunt, the maister to take an action vpon the Statute labourers, agaynst such steler or intiser, or an action of trespasse, wherin he shal recouer damages, and treble costes of his sute. If the master be vnreasonable in orderyng such chylde, then vpon complaynt made at the quarter sessions, by two honest neyghbours, yt it shall then appeare by honest witnesse the complaynt to be [Page] true, the Iustices of peace shall discharge the chylde from his maister, & apoynt him to some other, and that to be wrytten in the booke of the clerke of the peace, for which he shall haue iiii.d. and shall haue also .iiii.d. for the fyrste entrye of the chylde to be seruaunt: this to be payde by the maister. If suche woman chylde be maried afore .xv. yeres old, she shalbe discharged of seruice. Euery vacabonde or begger being alien, shall in fourme aforesaide, and vpon the forfeitures aforesaid, be conueyed frō place to place, to the palce nexte adioynynge to his countrey, or to the next port, if there be sea betwene this Realme and his countrey, there to be kepte of inhabitauntes of that porte, in conuenient labour, or otherwyse, tyll he maye be conueyde ouer, & than at the cosses of those inhabitauntes (if him self shal not haue wherwith) to be conueyed ouer to his countrye.
Against reteyners and geuers of liueries, made in An. 8. Ed. 4. Cap. 2.
NOne may geue liuery or other signe, nor reteyne anye but onely his manuell seruaūt, officer, or a man of thone lawe, or of thother, by anye wrytyng, othe, or promise▪ And if he doth contrary, the geuer shal lose. C. s. for euery moneth that ther is any with him so reteyned, and the receiuer. C.s. and he that wyll sue, shall haue an action by byll of information against as many offendours as he wyl in euery of the kynges courtes, before Iustices of peace, of Assise, and Gaole deliuery, or countie Palentine: and in Duresme, and in Examshire, [Page] therupon processe shalbe as in trespasse: excepte that in countie Palentine, nor in Duresme, no exigent shalbe awarded: and yf any of the offendours be present in court, the Iustices may commaund him to be brought to aunswere, and first the informer shalbe examined vpon a booke that his complaint is true, and after they may examine that defendaunt, and iudge him conuict by their discretion, aswel as by tryall. And the informer shall recouer the one halfe, and the kyng the other halfe, yf it be not in citie or towne that hath lyke forfeiture by the kinges graunt: and that no essoigne nor protection be alowed. And that the Sheriffe or Coroner may returne no lesse issues at the first daye then .x.s. and the seconde .xxx.s. and so at euery day .x.s. of encrease. And if the Sheriffe or Coroner do the contrary, he shall forfeit euery tyme .xx.s. And the Maior and gouernours of cities and townes, that haue power to heare and determine plees personels, haue power to examine and to determine it as is aforesaid, as well by examination as by tryall. And vpon that, the kyng shall haue thone halfe, the Maiors or gouernours the other halfe, to be imployed to the vse of the citie or towne.
Item the Kynges & the Quenes Maiesties pleasures are, that all other Statutes concernyng reteyners, and geuing liueries, nowe remaynyng in force, shalbe put in execution.
The Statute of Winton for robberies, hewe and crye, and for watches to be kepte.
[Page] AFter a robbery or felony done, freshe suite shalbe made from towne to towne. &c. and yf nede be, inquestes shalbe made in townes, hundredes, fraunchises and counties, so that the felones may be attaint and suffer execution: and yf they be not taken, then the people where suche robbery was done, as in hundred and fraunches, shall aunswere therefore. And if it be done betwene two shires. &c. within .xl. dayes, if the misdoers be not taken. Also in greate townes the gates shalbe closed from the sunne rysyng to the sunne settyng, and no man harborow none in the suburbes, but such as he wyll aunswere for: and the Baylyffes of townes shall enquire of such euery weke. Also watch shalbe made and kepte from Assention tyde tyll Michaelmas, in euerye Citie by .vi. men at euery gate, and in euery Borow by .xii. men: in euery hole towne, by .vi. men or .iiii. after the number of thinhabitaūtes, continually all nyght, from the sunne set, to the sunne rysyng. And yf any straunger come by them, he shalbe arrested vntyll mornyng: and yf he be suspecious, he shalbe brought to the Sheryffe to be kept vntyl he be deliuered by due order: and euery towne adioining, shalbe ayding to the other. Also the hye wayes of markette townes shalbe enlarged, where there is anye woodes, hedges, ditches, or busshes nygh the hye waye .CC. fote on thone syde, and .CC. fote on the other syde: but this statute extendeth not to okes, nor great fustes, so that they be cleare vnder, and yf the Lord wyll not do thus, yf anye robberyes or murder be done, he shall [Page] aunswere therfore, & make fine at the kynges wyll. Also in the hye wayes in the kynges wood, or parke nygh the hye wayes, it shalbe done after the same maner: or els that the Lord shall make such wall, ditche or hedge, that the euyll doers can not escape: and no fayre nor market be holden in any Churchyarde.
Against reporters of slaunderous tales and newes. W. 1. Cap. 34.
IF any person shall publyshe or forge false newes, wherof discord or slaunder may aryse betwene the kyng and his people, or the nobles of his Realme, the same shalbe imprisoned vntyll he shall bryng foorth in court, the aucthour of such newes.
Anno. ii. R. ii. Cap. v.
THe forgers and counterfeitours of false newes, and horrible false messenges of prelates, Dukes, Earles, Barons, & other nobles, and great personages of the Realm, or of the Chauncelour, Treasorer, Clerke of the priuie seale, Steward of the kinges house, Iustices of thone bench or thother, or of any other great officers of the Realme, of thinges which by the same Prelates, Dukes. &c. were neuer spoken or thought of, to their great slaunder, wherof debates & discorde may aryse betwene the sayd Lordes and commons: shall suffer the punyshement mentioned in the sayde acte of W.i. vntyll they haue brought foorth in court the auctour of the sayde false newes and messenges.
Anno. xii. R. ii. cap. xi.
ANd yf the sayde forgers and counterfaytours, can not bring forth the aucthour of the saide false newes, then they shalbe punished by the aduise of the kinges Counsell.
Anno. i. &. ii. Phil. &. Ma. cap. iii.
THe Iustices of peace within the limites of their commission, may heare and determine all offences commytted and done against the forme of the said seuerall statutes.
And further yf any person or persons maliciously of his or their own ymaginaciō, speake any sedicious or slaunderous newes, rumours and sayinges, or tales of our soueraygne Lady the Quenes Maiestie, euery person so offendynge for the first offence, shall in the market place nere where the wordes were spoken▪ be set openly vpon the pillory, and shal haue both his eares cut of, onlesse he pay. C.li. to the Quenes hyghnes vse, within a moneth next after iudgment geuen against him, and also be imprisoned by the space of .iii. monethes next after his or their execution.
If any such sedicious or slaunderous newes be spoken by any person, of the report or sayinge of any other: then the same person, to be set openly vpon the pillory as is aforesaid, and to haue one of his eares cut of, onlesse he pay i.C. marks within the time, and to thuse aforesaid: and also sustain a moneth imprisonment next after his execution.
And if any person maliciously deuise, write, prynt, or set forth any booke, rime ballade, letter [Page] or writing, contayning false matter, clause or sentence of slaunder, reproch and dishonour of the Quenes hyghnes, or the encouragyng, sturring or mouinge of any insurrection or rebellion, or shal procure any of the said offences to be done: if the same be not punishable by the statute of .xxv.E.iii. cap. ii. touching treasons &c. the said person shal after conuiction for his fyrst offence, in some market place haue hys right hand cut of.
Item yf any person once conuict of any of the sayde offences punyshable, by losse of eare, eares or hande, do afterwardes offende in any of the sayd offences, then he shall suffer imprysonment duringe hys lyfe, and forfeite to the Quenes hyghnes vse all hys goodes and cattelles.
The sayd offences are inquitable and determinable before iustices of Oyer, and determiner, Iustice of assise or gayle deliuery, or Iustices of peace.
Any Iustice of peace vpon vehement suspicion, may commit any person suspected, to prison, there to remayne without bayle or maynpryse.
Thoffenders against thys act, must be accused and conuict within thre monethes next after thoffence committed.
¶For repayringe and amendynge of hygh wayes.
THE Constables and Churchwardens of euery paryshe, Cōstables, & Churchwardens. shall yerely vpon the Tuesday or Wednesday in Easter weeke, Tuesda or wednesdai in Easter weeke. call together a number of the parishioners, & emonges them shall elect and chuse two honest persons of theyr paryshe, Suruayers. to be Surueyours and orderers of the workes (for the mendynge of theyr high wayes leadynge to any market Towne from theyr paryshe) for one yeare, Thaucthoritie of the Suruayers. whiche persones shall haue aucthoritie by vertue of thys Act, to order and direct both the persones and cariages to be appoynted for those workes, according to theyr discressions. And the same persons shal take vpon them thexecution of their offices, Payne. vpon the payne of .xx.s.
The saide Constables and Churchwardens shall also name and appoynt foure dayes for mendynge of the sayde hygh wayes, Howe many dayes & before what feast shalbe appointed for the amendinge of high waies before the feast of the Natiuitie of S. Iohn Baptist then next following. And shal openly in the Church the next Sunday after Easter, geue knowledge of the same dayes, vpon which dayes the parishioners shall indeuour them selues to the mendinge of the sayd hygh wayes, and shalbe charged towarde the same, as foloweth: that is to say.
Euery person for euery plough lande in tillage or pasture, What persons shalbe charged for the amendynge of high waies and euery other person that kepeth a draught or plough within the same paryshe, shall fynde and sende at euery day and [Page] place in the said parishe where such waies are amendinge, one wayne or cart furnyshed after the custome of the countrey, with Oxen▪ Horses or other cattell, and al necessaries meete for cariage to that purpose▪ Payne. and two hable men with the same, vpon payne for euery draught .x.s.
Euery housholder, Housholder, Cotager & labourer. cotager, and labourer, of the same paryshe, hable to labour, and beynge no hyred seruaunt by the yere, shall (eyther them selues, or elles by some other labourer for euery of them, vppon euery of the sayde foure dayes) worke and trauayle at the amendinge of the sayde high wayes, [...]ayne. vpon payne for euery suche person makynge default, for euery day .xii. d.
Yf cariages in that paryshe shall not bee thought nedefull by the said Suruayers to be occupyed for the amending of the waies there: Then euery suche person as shoulde haue sent caryage for the purpose, shal sende to the sayde worke, Two hable men. for euery cariage, two hable men to labour, for that day, vpon payne to lose for euery man not so sent .xii. d.
Euery person and caryage abouesayde, Tooles for the amending of the wayes. shal bryng with them such shouyls, spades, pyckes, mattockes, and other tooles, as they doe make theyr dykes and fences withall.
The said persons and cariages shal continue at their said work. How long the persons and cariages shall worke. viii. houres of euery of the sayde foure dayes, vnlesse by speciall occasion they be lycensed otherwyse by the sayde Surueyoures, or by any one of them.
All Stewardes of leetes and lawdayes shalbe aucthorised by force of this Act, Stewards of leetes & lawdayes. Enquire. to haue full [Page] power and aucthorite, to enquyre in theyr Courtes by the othes of the Sutoures at the sayd Courtes, of all offences & misdemeynours committed agaynst euery poynt and article of this act: The Stewardes to assesse fines and amerciamē tes. and therupon to assesse suche reasonable fynes and amerciamentes for the same, as shalbe thought mete by the sayd Stewarde.
For default of such inquirie or presentment, the Iustices of peace of that limit, Iustices of peace. shall haue aucthoritie to enquire of the same offences committed within their commission, in euery of theyr quarter sessions, Fyne. & to assesse such fines therfore, as they or two of them, wherof one to be of the Quorum, shall thinke mete.
All Stewardes of leetes and lawedayes shal make estretes indented, Stewardes to make estretes. of all suche fynes, forfaites and amerciamentes sessed before hym, and shal delyuer the one part therof sealed and signed by him, Baylife, high Constable. to the Baylife or hygh Constable of euery hundreth, Rape, Lath, or Wapentake, wherin suche offences haue bene presented. And thother halfe to the Constable and Churchwardens of the paryshe where such defaultes are made, and the same to be yerely deliuered within sixe wekes after the feast of S. Mychaell tharchaungell.
The Clarke of the peace shall make the lyke estreates indented, Clerke of the peace to make estreates. of the fines, forfaites, and amerciamentes for suche defaultes presented before the Iustices of peace, and shall delyuer them sealed and subscribed with hys hande, in lyke sort beforesayd: whiche estreates shalbe a sufficient warraunt to the sayde Baylife or chiefe Constable, to gather the sayd fynes, forfaites [Page] and amerciamentes by way of distresse: Distresse. and yf no distresse can be founde, or yf the saide offender shalbe vnwyllynge and stubboure, Refuse. refusynge to pay the sayde amerciamentes and fynes, and do not paye the same within .xx. dayes after the sayde offycer hath demaunded the same lawfully: Double sūme. That then euery suche persons to forfait the double some that he should before haue payde.
Euery of the said head Constables and Baylifes shal euery yeare once at the least betwixt the first day of Marche, and the last day of Apryll, make a true accompt Accompt. and payment of all suche sūmes of money to the Constables or Churchwardēs beforesaid, or to two of them, as he shal haue gathered by the said estreates, vpon payne for euery tyme he doth omit to do Pain .iii.li the same .iii.li.
All fines, amerciamentes and forfaytures whiche shalbe due for offences commytted against thys act, Fynes, amercia-mentes, forfaiturs, bestowed. shalbe aunswerable & delyuered by the collectours thereof, to the Churchwardens of euery paryshe where the offence is committed, to be bestowed vpon amendement of the high wayes of the sayde paryshes. And that the sayde Churchwardens shal haue aucthoritie by this act, Accompts before whom and in what maner. to cal the said Baylife and head Constable before the Iustices of peace or two of them, wherof one to be of the Quorū, to make theyr accompt, eyther by byll, information or otherwise. The which Iustices shal haue aucthoritie by thys act to take the sayde accompt, and to commyt the sayde Baylife or head Constable to pryson, Pryson. there to remayne [Page] vntyll he paye suche arrerages as shalbe adiudged by the sayd Iustices. The said Baylifes and head Constables, and euery of them vpon theyr accomptes, Allowaūce. shalbe alowed for the collection of euery pounde of the sayde fynes, amerciamentes & forfaites, for hys or theyr paynes viii.d. Clerke of the peace. And the Clearke of the peace, or Stuard of the letes and lawdayes, to haue by force hereof for the es [...]reatyng of the fynes. &c. xii.d. of euery pounde fine, forfayture or amerciament. And the successours of such Churchwardens shall haue the like action of accompt against their predecessours, Successours. as is before appoynted agaynst the Baylife.
Imprinted at LonDON IN POVVLES CHVRCH yarde by Rycharde Iugge and Iohn Cawood, Printers to the Quenes Maiestie.
Cum priuilegio Regiae Maiestatis.