AGAYNST NEVVS FANGLED NEVVES.
Anno. 2. Richardi. 2. Cap. 5.
IT IS straytely defended vppon greuous peyne,Against new fangled newes. for to eschew damagys and peryls, that none frome hensforth be so hardy, to fynde, saye, or to tell any false newes, messages, or other suche false thinges, wherof discorde or anye sclaunder myght ryse within this realme, and he that doth the same, shall incurre and haue the peyne an other tyme ordeyned therof by the statute of westmynster firste, whiche will, that he be taken and imprisoned, tyll he haue founde hym, of whome the worde shulde be moued.
Anno. 12. Richardi. 2. cap. 6.
ITEM it is accorded & assented,Agaynste vnlaufull games. that no seruaunt of husbandry or laborer, nor seruaunt of artificer nor of vytayler, shall frome hensforth beare any boklar, sworde, nor daggar, vpon forfayture of the same, but in the tyme of warre for defence of the realme of Englande, and that by the surueyenge of the arrayers for the tyme beynge, or trauaylynge by the countrey with their mayster, or in their maysters message, but such seruauntes & laborers shall haue bowes and arrowes, and vse the same the sondayes and holydayes, and leaue all playenge at tenyce, or football, and other games, called coytes, dyce, [Page] castynge of the stone, kayles, and other such importune games. And that the shyreffes, mayres, baylyffes, and constables shal haue power to arrest, and shall arreste all doers againste this statute, and sease the sayde buklars, swordes, and daggars, and kepe them tyll the sessyons of the Iustices of peace, and the same presente before the same iustices in their sessions, togyther with the names of them that dyd beare the same. And it is not the kynges mynde, that any preiudice be done to the fraunchises of lordes, touchinge the forfaytures due to them.
Anno. 11. Henrici. 4. cap. 4.
yet ageinst vnlaufull games. OVR souerayne lorde the kynge wil, that the statute made at Canturbury, the .xii. yere of the reygne of kynge Rycharde the seconde be firmely holden and kepte: Ioyninge to the same, that euery suche laborer or seruant, that doth contrary to the same statute, shal haue imprisonnement by .vi. dayes. And the mayres and sheryffes, or the mayres and baylyffes of cities and burghes, and the Constables in other townes, shall haue power to put this statute in execution from tyme to tyme, and yf they do not therof execution, the same mayres and sheriffes, or mayres and baylyffes aforesayde, shal paye to the kynge for euerye defaute .xx. s. and the constables or constable of euerye towne, that dothe not lyke execution of this statute, shall paye for euery their or his defaute .vi. s. viii. d. And that the Iustyces of assyses shall haue power to enquyre in this case in their sessyons frome tyme to [Page] tyme, of them that dothe cōtrary to this statute, and therof to certifie in the Chauncerye.
Anno. 17. Edwardi. 4. cap. 3.
OVR souerayne lorde the kynge,yet ageinst vnlaufull games. by the aduyse of the lordes spiritual and temporall, and the commons in the sayd parlyament assembled, and by auctoritie of the same, hath ordeyned, that after the feast of Easter next comynge, no personne, gouernour, nor occupier of any house, tenement, garden, or other place within this realme, shall willyngely suffre anye person to occupye or play any of the sayd games called closhe, kayles, halfbowle, hand in & hande out, or quekborde, or any of theym, within any of their sayde houses, tenementes, gardeynes, or any other place, vppon peyne to haue the imprisonnement of thre yeres, and to forfayte and lose for euery offence .xx. li. The one halfe therof to our souerayne lorde the kynge, to be applyed to the vse of his house, in all suche places where suche forfayture shall happen to fall, other then where any persone ought to haue the forfayture of the goodes of felons and fugityues, by any lawfull graunte, auctoritie of parlyament, or otherwyse. And it is ordeyned by the sayde auctoritie, that all suche personnes, their heires & successours, which ought to haue any suche forfaytures in suche plates, shall haue all suche halfe, as shall be hereafter forfayte by any of the premisses. And the other half therof to hym or them, that in this behalfe wil pursue by action of dette at the common lawe. In whyche accyon, lyke [Page] processe, tryall, iudgement, costes, damages, & execution shall be had, as is vsed in other acciōs there pursued. And that no personne frome the sayde feaste of Easter, shall vse any of the sayde games called closshe, halfbowle, kayles, hande in and hande out, or quekborde, vppon peyne of two yeres imprisonement, and to forfayte for euery defaulte .x. li. The one halfe therof to oure soueraigne lorde the kynge, to be applyed to the vse of his house in all suche places, where suche forfayture shal happen to fall, other than where any persone ought to haue the forfayture of the goodes of felons and fugytyues by any lawfull graunte, auctoritie of parlyamēt, or otherwyse. And it is ordeyned by the sayde auctoritie, that all suche persons, their heyres and successours, whiche ought to haue anye suche forfaytures in suche places, shall haue all suche halfe, that shall be hereafter forfayte by any of the premisses.
And the other halfe therof to hym or them, that in this behalfe will sue by action of dette, in lyke maner and fourme to be had, tryed, ruled, and ordered, as is aforesayde.
Anno. 11. Henrici. 7. Cap. 2.
FARTHERMORE it is ordeyned and enacted,Vnlaufull games. that none apprentyse, ne seruaunt of husbandry, labourer, ne seruaunt artificer, playe at the tables frome the tenth daye of Ianuarye nexte commynge, but onely for meate and drynke, ne at the tenys, closh, dyce, cardes, bowles, nor any other vnlawfull game in noo wyse out of Christmas, & in Christmas to playe [Page] onely in the dwellynge house of his mayster, or where the maister or any of the sayd seruauntes is present, vppon peyne of emprisonnement by the space of a daye in the stockes openly. And that the housholder, were dycynge, cardynge, tenys playenge, bowles, closh, or any other vnlawfull game afore rehersed shall be vsed, otherwyse than is afore rehersed, and that lawfullye be presented before the Iustices of peace, the mayre, shyreffe in his tourne, or stewarde in his lete, or by examination hadde afore the sayd iustices of peace, that processe be made vppon the same, as vppon enditement of trespas againsts the kynges peace. And that the sayde mysdoer be admitted to no fyne vnder the somme of .vi. s. viii. d. And that it be lawfull to .ii. of the iustices of the peace, wherof one shall be of the Quorum, within their auctoritie, to reiecte and put awaye common ale sellynge in townes and places, where they shall thinke conuenient, and to take suertye of the kepers of ale houses, of their good behauynge, by the discretion of the sayd iustices, and in the same to be aduysed and agreed at the tyme of their sessions.
Anno. 19. Henrici. 7. Cap. 12.
AND furthermore it is ordeyned and enacted, that none apprentyce,yet ageinst vnlaufull games. ne seruaunt at husbandry, labourer, ne seruaunt artificer, playe at the tables frome the feast of Easter nexte comynge, ne at tennyes, closshe, dyce, cardes, bowles, nor any other vnlawful games in no wyse out of the .xii. dayes at Christmasse, [Page] and than to playe onely in dwellynge houses of his mayster, or where the mayster or any of the sayde seruauntes is present, vppon peyne of enprisonement by the space of a daye in the stockes openly. And that the housholder, where dysing, cardinge, tennys playenge, bowles, closshe, or any other vnlaufull game, afore rehersed, shall be vsed, otherwyse than is afore rehersed, & that lawfullye bene presented before Iustices of the peace, mayre, shyreffe in his tourne, or stewarde in his lete, or by examination hadde before the sayde iustice of peace, that processe be made vppon the same, as vpon inditemente of trespas against the kynges peace, and that the sayde misdoer be admitted to no fyne vnder the somme of vi. s. viii. d. And that it be laufull to two of the iustices of peace, wherof one shalbe of the Quorum, within their auctoritie, to reiecte and put away common ale selling in townes and places, where they shall thinke conuenient, and to take suertye of the kepers of the alehouses, of their good behauynge, by the discretion of the sayde iustices, and in the same to be aduysed and agreed at the tyme of their sessions,
Anno. 3. Henrici. 8. cap. 3.
For maintenance of archery. THE kynge our souerayne lorde, callynge to his mooste noble and gratious remembraunce, that by the feate and exercise of the subiectes of this his realme in shotynge in longe bowes, there hath continuallye growen and bene within the same greate nombre & multitude of good archers, whiche haue not onely [Page] defended this realme, and the subiectes therof againste the cruell malice and daunger of their outwarde ennemyes in tyme here to fore passed, but also with lytle nombre and puissaunce in regarde, haue done many notable actes and discōfitures of warre against the infidels and other, and furthermore subdued and reduced dyuers & many regions and countreys to their due obeissance, to the great honour, fame, and suertye of this realme and subiectes, & to the terrible drede and feare of all straunge nacions any thynge to attempte or do to the hurt or damage of them or any of them. And all be it that dyuers good and profytable statutes in the tyme of his noble progenitours & predecessours kynges of this lande, for the mayntenāce of archery and longe bowes here tofore haue bene made, amonge whiche the right famous kynge of noble memory Henry the seuenth, father to our sayde souerayne lorde, by auctoritie of dyuers parlyamentes caused good and notable actes and statutes to be establyshed and made, and that shotyng in crosbowes shuld be sette on parte, and not vsed, And also that greate nombre of bowestaues of ewe shoulde be brought and conueyed by marchauntes repayringe into this realme frome those partes where these growe, vppon certayne paynes in the same statutes lymytted and contayned: yet neuer the lesse, archerye and shotynge in longe bowes, is ryght lyttell vsed, but dayely mynyssheth, decayeth, and abateth more and more, for that moche partye of the commynaltye and parell of the realme, wherby of olde tyme the great nombre and substaunce of archers hath growen and [Page] multyplied be not of power nor abylitie to by [...] them longe bowes of ewe, to exercise shotynge in the same, and to susteyne the continual charge therof, and also by meanes and occation of customable, vsage of tenes playe, bowles, closshe, and other vnlaufull games prohybet by manye good and beneficiall estatutes, by auctoritie of parlyament in that behalfe prouided and made, great impoueryshement hath ensued, and many heynous murders, roberyes, and felonyes be commytted and done, and also the dyuyne seruice by suche misdoers on holy and festiual days not herde or solempnysed, to the hyghe dyspleasure of all myghtye god. wherfore the kynges hyghenes, of his moste blessed disposition, great wysedome, and prouydence, and also for zeale to the publyke weale, suertie, and defence of this his realme, and subiectes, & theyr auncient fame in this behalfe to be reuyued and repayred, by the assent of his lordes spirituall and temporall, and his commons in this present parliament assembled, and by auctoritie of the same, hath ordeyned, enacted, and establysshed, that the statute of wynchester for archers be put in due execution. And ouer that, that euery manne beinge the kynges subiecte, not lame, decrepute, nor maymed, nor hauynge any other lawfull or reasonable cause or impediment, beyng within the age of .xl. yeres, excepte to tho menne, spiritual men, Iustices of the one benche and of the other Iustices of assise, and barons of the eschequere, do vse and exercise shotynge in longe bowes.
And also to haue a bowe & arrowes redye continually in his howse, to vse hym selfe, and do [Page] vse hym selfe in shotynge. And also that the father, gouernours, and rulers of suche as be of tender age, do teache and brynge vp them in the knowledge of the same shotynge. And that euery man hauinge a man childe, or men chyldren in his house, shall prouyde, ordeyne, and haue in his house for euery man chylde, being of the age of .vii. yeres, and aboue, tyll he shal come to the age of .xvii. yere, a bowe and .ii. shaftes, to enduce and lerne them, and brynge them vp in shotynge, and shall delyuer all the same bowe and arrowes to the same yonge men, to vse and occupye. And if the same yonge men be seruantes, that then theyr maysters shall abate the money, that they shall paye for the same bowes and arrowes, of theyr wages. And after all such yong men shall come to the age of .xvii. yeres, euery of them shall prouyde and haue a bowe and .iiii. arrowes continually for him selfe at his propre costes and charges, or els of the gyfte or prouysion of his frendes, and vse and occupie the same in shotynge, as is afore rehersed. And that the Iustices of assises, of gaole delyuerie, Iustyces of peace, and stewardes of fraunchises, letes and lawedaye, haue power to enquere of all the premysses in theyr sessions, letes, and lawedays, & here and determyne the same. And also by theyr dyscretions examyne all persons, lackynge and not hauynge bowes, shaftes, and arrowes, accordynge to the fourme afore rehersed. And euerye personne, that shall be founden by suche inquere or examination in defaulte, or not prouydinge and hauynge bowes arowes and shaftes redy, by the space of one moneth, shall forfayt [...] [Page] and paye for euery suche defaulte .xii. pens, And where anye suche forfayture shall happen to be founden within the precincte of any franchyse lete or lawedaye, than the lorde of the same frāchise lete or lawedaye shall haue the forfayture therof. And in all other places, all suche forfayture to be to the kynge our souerayne lorde, his heyres, and successours.
Agaynste vnlaufull games.¶ AND that all statutes heretofore made against them that vse vnlawfull games, be duely put in execution, and punyshement had according to the penaltes of the same, as wel against the offenders and occupyers of suche vnlawfull games, as agaynste them that be owners or kepers of houses or other places, where any suche vnlawfull games be vsed, accordyng to the purporte tenour and intēt of the same statutes. And furthermore, that all iustices of peace, mayres, Baylyffes, Shyreffes, constables, and all other heed officers, and euerye of theym, fyndinge or knowynge any maner person or persons, vsinge or exercysinge any vnlawfull games, contrarye to the sayde estatute, haue full power and auctoritie to committe euery suche offender to warde, there to remayne without bayle or maynprise, to suche tyme he or they so offendinge be bounden by obligacion to the kynges vse, in suche somme of money, as by the discretion of the sayde Iustices, mayres, baylyffes, or other heed officers, shall be thought resonable, that they nor any of them shall not frome thenseforth vse any vnlaufull games. And that euerye bowier within this realme allway make for euery one bowe of ewe, that he maketh to sell, at the leaste .ii. bowes of [Page] elme wyche or other wode of meane price. And if they or any of them refuse so to do, and it foūden before the Iustices of peace in the shyre, or mayres, baylyffes, or other heed officers of cyties or boroughes within their cities or borowes by presentement of .xii. men, or by due examination before the sayde Iustices of peace, or .ii. of theym, or before the sayde mayres or baylyffes, that then the same Iustices, mayres, or baylyffes haue full auctoritie and power to committe thē to warde, there to remayne withoute bayle or maynprise by the space of .viii. dayes or more, by the discretion of the sayde Iustices, mayres, or baylyffes. And also that buttes be made in euery cytie, towne, and place accordynge to the lawe of auncient tyme vsed. And that the inhabitātes and dwellers, in euery of them be compelled to make and continue suche buttes, and to exercise them selfe with longe bowes in shotynge at the same, and elles where on holy dayes and other tymes conueniente.
¶ AND ouer that it is enacted by the sayde aucthoritie, that euerye Iustice of peace within this realme, or .ii. of them within their seuerall iurisdictions, haue full power and auctoritie, to take, assigne, and appoynte bowiers in .iii. ii. or moo places by their discretiō within euery shire, citie, or borowes, where the moost common repayre and resorte is of his subiectes, and there to enhabyte and make longe bowes, of elme, wyche, or other woode of lytel pryce and value, to serue the commynaltie for the due exercyse of shotynge, and to take and compell as manye of them, as they shall thinke necessary by their discretions, [Page] to inhabite at such places for the same. And so in lyke wyse as often as the case shall require and be thoughte behouefull. And that all bowestaues of ewe, hereafter to be broughte into this realme to be solde, be open and not solde in bundels nor close, to the entente the byers of them maye haue perfytte knowlege of the goodnesse of them, and giue the better price for them, if they be so worthe.
¶ AND be it also enacted by the auctoritie afore sayde, that all mayres, baylyffes, sheryffes, and all other heed officers, shall make open proclamatiō of these presentes in euery market and feyre to be holden within theyr seuerall iurisdictions and auctorites, and also that the iustice of the gaole deliuere, assyses, and Iustices of peace do cause the same to be proclaimed in their seuerall cercuites and sessions before them to be holden. This acte concernynge the makinge of bowes of elme, wyche, or other then of ewe, to begyn to take effecte at the feast of Lammas nexte comynge: And the resydue of all this acte to take effecte & be put in execution immediately, and to endure to the nexte parlyament.
¶ ITEM that no straunger borne out of the kynges obeysaunce (not beynge denysen) shall not conuey, nor do to be conueyed into any partes, oute of the kynges obeysaunce, any longe bowes, arrowes, or shaftes, withoute the kynges specyall lycence, vppon peyne of forfayture of the same, where soo euer they shall be taken within this the kynges power, and vpon peyne of imprisonnement without bayle or maynprise, vnto suche tyme he or they (so beinge in warde) [Page] haue made a resonable fyne to the kynge for his or their offences afore the iustice of peace, or .ii. of theym in their sessions in the same countye, where he or they shall be committed to warde, or fynde sufficient suertye, for the payment of the same fyne.
¶ ITEM that no maner person (not beynge borne within the kynges obeysaunce) not made denysen, vse within the kynges obeysaunce shotynge with longe bowes, withoute the kynges lycence, vpon peyne of forfayture suche bowes, arrowes, and shaftes, as they shall be founden so shotynge with, and euery of the kynges subiectes maye haue auctoritie to take and seise the same forfaytures to his owne vse.
Anno. 22. Henrici. 8. Cap. 12.
VVHERE in al places through out this realme of Englande vacaboundes & beggars haue of longe tyme increased,For vacaboundes, stronge beggars, and impotent personnes. and dayly do increase in great and excessiue nombres by the occasion of ydelnes, mother and roote of all vyces, wherby hath insurged and spronge, & dayly insurgeth and springeth continual theftes murders, and other sondrye heynous offences and greate enormyties, to the hyghe displeasure of God, the inquietation and dammage of the kynges people, and to the meruaylous disturbaunce of the common weale of this realme, And where as many & sondry good lawes streyte statutes and ordenaunces haue bene before this tyme deuysed and made as well by the kyng our soueraygne lorde as also by dyuers his most noble [Page] progenitours kynges of Englande, for the moste necessary and due reformation of the premisses: Yet that notwithstandinge the sayde nōbres of vacaboundes and beggars be not sene in any partye to be mynysshed, but rather dayelye augmented and increased into great routes and companyes, as euydently and manifestly it doth and maye appere. Be it therfore enacted by the kynge our souerayne lorde, & by the lordes spirituall & temporall, & the commons in this present parlyament assembled, and by auctoritie of the same, that the Iustices of the peace, of all & singuler the shires of Englande, within the lymittes of their commissions, and all other Iustices of peace, Mayres, Sheriffes, baylyffes, and other officers, of all and euery cytie, borowghe, riddinges, or franches, within the realm of Englande, within the lymittes of their auctorities, shall frome tyme to tyme as often as nede shall requyre, by their discretions deuyde them selfes within the sayd shyres, cytyes, boroughes, riddynges or fraunchyses, wherof they be Iustices of peace, Mayres, Sheriffes, baylyffes, or officers, and so beynge deuyded, shall make diligent serche and inquerye, of all aged pore and impotent persones, whiche lyue or of necessitie be cōpelled to lyue by almes of the charitie of the people, that be or shall be hereafter abydinge within euery hundred rape, wapentake, cytye, boroughe, parisshe, lybertie or fraunches, within the lymittes of their diuision. And after and vpon suche serche made, the sayd iustices of peace, Mayres, Sheriffes, Baylyffes, and other officers, that is to say euery of them within their lymyttes [Page] of their auctorities, where vnto they be deuyded, shal haue power and auctoritie by their discretions, to enable to begge within such hundred, rape, wapentake, cytie, towne, paryshe, or ther lymyttes, as they shall appoynte, suche of the sayde impotent personnes, whiche they shall fynde and thinke mooste conuenient within the lymittes of their diuysion, to lyue of the charitie and almes of the people. And to gyue in commaundement to euery suche aged and impotent beggar (by them enabled) that none of them shal begge without the lymittes to them so appoynted. And shall also regester and wryte the names of euery suche impotēt beggar, by them appointed, in a bylle or rolle indented, the one parte therof to remayne with them selfe, and the other parte by them to be certifyed before the Iustices of peace at the nexte sessions after suche serche had, to be holden within the sayd shyres, cyties, townes, or fraunchises, there to remayne vnder the kepinge of Custos Rotulorum. And that the sayde Iustices of peace, Mayres, Sheryffes, Baylyffes, and other officers, that is to saye as they be deuyded, shall haue power and auctoritie to make suche and so manye seales, to be engraued with the names of the hundredes, rapes, wapētakes, cities, boroughes, townes, or places, within the which they shall appoynt and limitte euery suche impotent person to begge, and commytte the sayd seales to the custody of suche of them, or to the custody of suche other as they shall thinke conuenient, and shall make and delyuer to euery suche impotent persone, by theym enabled to begge, a letter conteynynge the name [Page] of suche impotent person, and wytnessyng, that he is auctorised to begge, and the lymites, within whiche he is appoynted to begge. The same letter to be sealed with suche of the sayd seales, as shall be engraued with the names of the lymytte, wherin suche impotent personne shall be apoynted to begge in, and to be subscribed with the name of one of the sayde Iustyces or officers abouesayde. And yf any suche impotent person, soo auctorised to begge, doo begge in any other place, than within suche lymittes, that he shall be assigned vnto, that than the iustices of peace, Mayres, Sheriffes, baylyffes, constables, and all other the kynges offycers and minysters, shal by their discretions punyshe all suche persones, by imprisonment in the stockes, by the space of ii. dayes, and .ii. nyghtes, gyuynge them but only bread and water, and after that cause euerye suche impotent person to be sworne to retourne agayne withoute delaye to the hundrede, rape, wapentake, citie, borowgh, towne, parysshe, or franches, where they be authorised to begge in.
¶ And it is enacted, that noo suche impotente persone, as is abouesayde, after the feast of the natiuitie of saynt Iohn̄ Baptyst next comynge: shall begge within any parte of this realme, excepte he be authorised by writynge vnder seale, as is abouesaid. And if any suche impotent personne, after the sayde feaste of saynte Iohn̄, be vagarant, and go abeggynge, hauynge no such letter vnder seale, as is aboue specifyed: that than the constables, and all other inhabytantes within suche towne or paryshe, where suche persone shall begge, shall cause euery suche beggar [Page] to be [...]allen, and brought to the nexte Iustice of peace, or hyghe constable of the hundrede: And therevppon, the sayde Iustice of peace, or high constable, shall commande the sayd constables, and other inhabytantes of the towne or parishe, whiche shall bring before hym any suche begger, that they shall strype hym naked frome the myddelle vpwarde, and cause hym to be whypped, within the towne, where he was taken, or within some other towne, where the same Iustice or hygh constable shall appoynte: if it shall seme to the discretion of the sayd iustyce of peace or high constable, that it be conuenyente soo to punishe suche begger to hym brought: And if not, than to cōmande suche beggar, to be set in the stockes in the same towne or paryshe, where he was taken, by the space of thre dayes, and thre nyghtes, there to haue onely breade and water, and thervpon, the sayde Iustyce, or hygh constable, afore whom suche begger shall be brought, shall lymitte to hym a place to begge in, and gyue to hym a letter vnder seale, in forme aboue remembred, and sweare hym to departe, and repayre thyther immediately after his punysshement to hym executed.
¶ And be it farther enacted by the auctoritie aforesayde, that yf any personne or personnes, beynge hole and myghty in body, and able to labour, at any tyme after the sayde feast of saynte Iohn̄ be taken in beggynge in any parte of this realme, or if any man or woman, being hole and myghty in body, and able to labour, hauynge no lande, mayster, nor vsynge any lawefulle marchaundyse, crafte, or misterie, wherby he myght [Page] get his lyuyng, after the same feast be vagrant and can gyue no rekenynge how he doth lefully get his lyuynge: that than it shall be lefull to the constables, and all other the kynges officers, ministers, and subiectes of euery towne, parysshe, and hamlette, to arrest the sayde vacaboundes, and ydell personnes, and them bringe to any of the iustices of peace of the same shyre or lybertie, or elles to the hyghe Constable of the hundred, rape, or wapentake, within whiche suche persones shall be taken. And if he be taken within any cytie or towne corporate than to be brought before the Mayre, Sheryffes, or baylyffes of euery suche towne corporate. And that euery suche Iustice of peace, hyghe constable, Mayres, Sheryffes, and Baylyffes, by their discretions, shall cause euery suche ydell personne, so to hym broughte, to be had to the next market towne, or other place, where the sayde Iustices of peace, hyghe constable, Mayres, baylyffes, and other officers, shall thinke moste conuenient by his or their discretions, and there to be tyed to the ende of a carte naked, and be beaten with whyppes, throughe oute the same market towne, or other place, tyll his body be blody by reason of suche whyppynge. And after suche punysshement and whyppynge had, the personne so punysshed, by the discretion of the iustice of peace, hyghe constable, Mayre, Sheryffes, baylyffes, and other officers, afore whome suche personne shall be brought, shall be enioyned vpon his othe, to retourne forthewith withoute delaye, in the nexte and streyghte waye, to the place where he was borne, or where he last dwelled, before the same [Page] punyshement, by the space of thre yeres, & there to put him selfe to labour, lyke as a true manne oweth to do. And after that done, euerye suche personne, so punyshed and ordered, shall haue a letter sealed, with the seale of the hundred, rape, wapentake, cytie, boroughe, towne, liberrie, or fraunchyse, wherin he shall be punysshed, wytnessynge that he hath bene punysshed, according to this estatute, and conteynynge the daye and place of his punysshement, and the place whervnto he is lymyted to go: and by what tyme he is lymyted to come thyther, within which tyme, he maye lawfully begge by the waye, shewynge the same letter, and otherwyse not. And if he do not accomplysshe the order to him appoynted by the sayde letter, than to be eftesones taken and whypped, and so as often as any defaulte shall be founde in him, contrarye to the order of this estatute, in euery place to be takē and whipped, tyl he be repayred where he was borne, or where he last dwelled by the space of thre yeres, & there put his body to laboure for his lyuyng, or otherwyse, trewly get his lyuynge without begging, as longe as he is able so to do. And yf the person so whypped, be an ydell persone, and no common beggar, than after such whyppyng, he shal be kept in the stockes, tyll he hath founde suertie to go to seruice, or els to labour, after the discretion of the sayde Iustice of peace, Mayres, sheriffes, Baylyffes, hyghe constables, or other suche officers, afore whome any suche ydel person, beynge no common beggar, shall be brought, yf by the discretion of the same Iustice of peace, Mayre, Sheryffe, daylyffe, hyghe constable, or [Page] other such heed officer, it be thought conueniēt, and that the partie so punyshed, be able to fynde suertie, or els to be ordred and sworne to repaire to the place where he was born, or where he last dwellyd, by the space of thre yeres, and to haue lyke letter, and suche further punyshement, if he eftesones offende this estatute, as is aboue appoynted to and for the common stronge and able beggars, and so frome tyme to tyme to be ordered and punyshed, tyl he put his body to labour, or otherwyse gette his lyuynge trewely, accordynge to the lawe. And that the Iustyces of the peace, of euerye shyre, ryddynge, cytie, towne, and lybertie, shall haue power and auctoritie, within the lymyttes of their commissions, to enquire of all Mayres, bailiffes, Constables, and other officers and personnes, that shall be negligent in executynge of this acte.
¶ And if the constables and inhabytantes with in any towne or paryshe, where any suche impotent personne, or stronge beggar dothe happen to begge, contrary to the forme of this estatute, be negligent, and take not euery suche impotent and stronge beggar, that so shall begge againste the fourme of this estatute, and order and punyshe euery suche begger, as is aboue lymytted, that than the towneshypp or paryshe, where such defaulte shall be, shall lose and forfayte for euery suche impotent beggar, that shall be suffered to begge within the sayde towneshyp or parishe, not beinge taken, ordered, and punysshed, accordynge to the fourme of this estatute .iii.s. iiii.d. and for euerye stronge beggar, that shall happen to begge within any suche towneship or parishe, [Page] not beinge taken and ordered, as is aboue lymytted by this estatute .vi.s. viii. d. The none halfe of all whiche forfaytures to be the kyng our souerayne lorde, and the other halfe to him that wyll sue for the same, by any byll of information afore the kynges iustices of his peace, in their generall sessions, to be holden in the shyre, or within any lybertie, where suche defaut shall happen.
¶ And that all Iustyces of peace, within anye shyre, citie, borough, or lybertie, shall haue full power and auctoritie, as well to here and determyne euery suche defaute by presentment, as by suche byll of information, and vppon euery presentment afore them, and vpon euery suche byll of information, to make processe by distresse agayne the inhabytantes of euery suche towne & parishe, where any defaute shall be presented, or supposed by any suche information. By auctoritie of whiche distresse, the sheryffe or other offycer, to whom by the lawe suche distresse shall be made, shall distreyne the goodes and cattelles of suche one or two of the sayde inhabitauntes, as he may haue knowlege were most negligent, and in defaut in the execution of this acte, and the sayde distresse reteyne tyll they fynde suertie to appere at the sessions, limytted in the sayde distresse. And in case they appere and confesse the defaute, or els if they trauerse the presentemente, and it be tried agaynste them by verdite, or denye the information, and it be prouyd agaynste theym by sufficient wytnesse: than the sayde Iustyces of peace, in theyr Sessyons, shal haue auctoritie to assesse the fynes, as ben aboue [Page] limitted after the rates abouesayd, and to make processe for the leuyenge of the same, by distresse of the inhabitantes of such townes or parishes, where suche defaulte shall be tryed or proued.
And that euery such fyne, if it growe by presentmente, to be onely to the kynges vse. And yf it growe by information: than the moytie therof to be to hym that pursueth the information for the same, and the other moytie therof to the kynges vse, as is aforesayde. And yf any suche personne or personnes distreyned, appere not at the daye and place conteyned in suche distresse, then vppon the retourne of the sheryffe or other officer, to whom the distresse was delyuered to execute, that suche personne or personnes were distreyned: then euery suche personne or persons, to distreyned, at the first distresse, shall lose .xl.d. and at the seconde .vi. s. viii. d. and so to be doubled vppon euerye distresse in suche cases to be awarded, tyll apparaunce maye be hadde by one of the inhabitauntes of suche towne or parishe, to denye, trauerse, or confesse the presentmente or information, exhibited ageyne any suche towne or paryshe, to the entente that vppon tryall or profe therof, the fynes aboue lymitted maye be assessed and leuyed of the inhabitantes of euery suche towne or paryshe, as is aboue rehersed.
¶ And be it enacted by the auctoritie aforesayd, that scholers of the vnyuersites of Oxforde and Cambrydge, that go aboute beggynge, not beynge auctorised vnder the seale of the sayde vniuersities, by the commissarye Chauncelloure or vychauncellour of the same, and all and synguler [Page] shypmen, pretendyng losse of their shyppes and goodes of the see, goynge aboute the countrey beggynge without sufficient auctoritie, witnessynge the same: shall be punysshed and ordered, in maner and fourme as is aboue rehersed of stronge beggers. And that all proctours and pardoners, goinge aboute in any countreye or countreyes, without sufficient auctoritie, and all other ydell persones, goinge about in any countrey, or abyding in any citie, borough, or towne, some of them vsynge dyuers and subtyll crafty and vnlaufull games and playes, and somme of them feynyng them selfes to haue knowledge in phisyke, phisnamy, palmestrye, or other crafty sciences, wherby they beare the people in hand, that they can telle theyr destenies, diseases, and fortunes, and suche other lyke fantasticall imaginations, to the greate disceyte of the kynges subiectes: shall vppon examination hadde before two Iustices of peace, wherof the one shall be the Quorū, yf he by prouable wytnes be founde gyltie of any suche disteytes, be punysshed by whyppinge at two dayes togither, after the maner before rehersed. And if he eftesones offende in the sayde offence, or any lyke offence: than to be scourged .ii. dayes, and the thirde daye to be put vpon the pyllory from .ix. of the clocke tylle a .xi. before none of the same daye, and to haue one of his eares cutte of. And yf he offende the thyrde tyme: to haue lyke punysshemente, with whyppynge, standynge on the pyllorie, and to haue his other eare cut of. And that Iustices of the peace, haue lyke authorytie in euery lybertie and franchise within theyr shyres, where they [Page] be iustices of peace, for the execution of this acte in euery parte therof, as they shal haue without the lybertie or franchise.
¶ Also it is further enacted, that this acte shall yerely be redde in the open sessions, to thentente that the sayde estatute shall be the more feared, and the better put in execution.
¶ And furthermore be it enacted, that yf any persone or persones, at any tyme hereafter, giue any herborough, money, or lodging to any beggers, beinge stronge and able in theyr bodyes to worke, whiche order them selfes contrary to the fourme of this estatute: that euery suche person so doinge, beynge sufficientely proued or presented afore any Iustyce of peace, shall make suche fyne to the kynge, as by the discretion of the said Iustices of peace at their generall sessions, shall be assessed. And if any personne or persones do dystourbe or lette the execution of this acte in any maner wyse, or make rescous agaynste anye Mayre, Sheryffe, baylyffe, or other personne, that shall endeuour hym selfe for the due execution therof: it is than enacted, that euerye suche personne and personnes, for euery suche offence doinge, shall lose and forfayte. C.s. and ouer that to haue imprisonnement at the kynges wyl. The one halfe of whiche forfayture, if such offence be commytted in any citie or towne corporate, to be to the Mayre, Sheriffe, baylyffe, or other heed officers of suche cytie or towne corporate, where any suche offence shall be done, to the vse of the comminaltye of euery suche cytie or towne corporate. And if it be commytted out of a citie or towne corporate, than the sayde one [Page] halfe to be to the lorde of the lete, or lawedaye, where suche offence shall be done, and the other halfe of euery suche forfayture to be to the king our souerayne lorde. For the whyche forfaiture of .v. li. recouerie shall be had by action of dette, bylle; playnte, or information in any of the kynges courtes: in whiche [...]u [...]es the defendauntes shall not wage their lawe, nor haue any essoyne or protection allowed.
¶ Prouided alway that this acte nor any thing therin conteyned, shall be hurtefull or preiudyciall to the barons or other inhabytantes of the fyue portes, or of their membres, neither to any graunte, lybertie, or franchise, heretofore made by the kynge our soueraygne lorde, or anye his progenitours kynges of Englande, to the sayde barons, or other inhabitantes, theyr ancestours, predecessours, or to any of them.
¶ And that it be enacted by auctoritie of this present parlyamente, that all and euerye mayre and Mayres, and baylye and baylyffes, electiu [...] and elected by the commons and inhabytauntes of euery towne and place of the said portes and membres, and also iurates of euery of the sayd townes and places of the sayd portes and membres, shall haue lyke auctoritie within euery suche towne and place, where they or any of them be or shall be mayre, baylyffe, or Iurate, to put or cause to be put this acte in due execution, as the Iustyces of peace in any countie of this realme, haue or shall haue auctorytie and power by this acte to do, where they be Iustyces. And that the inhabytantes, within euery town with in the sayde portes, shall be bounden to the execution [Page] of this acte, lyke as other inhabytantes be without the sayde portes, vppon lyke peyne as is aboue remembred. And yf any persone or persones, whiche shall inhabit [...] with the sayde v. portes or membres, be he impotent or other, ydell persone, do hereafter begge without the sayde fyue portes or membres of the same, contrary to this acte, that then euery suche persone shall be ordered and punyshed, accordyng to this acte, any thynge in this Prouiso to the contrary not withstandynge.
¶ And it is ordeyned and enacted, that the seales aboue rehersed, shall be made atte the costes and charges of the Iustyces of peace, Maires, Sheryffes, baylyffes, and other offycers aboue writen, on this syde the feaste of the Natiuytie of saynt Iohn̄ Baptiste nexte commynge, that is to saye, that euery of them, shall do the sayde seales to be made within the lymyttes of theyr diuision, iurisdiction, and auctorities.
¶ And it is also ordeyned and enacted, that euery letter to be made by the auctoritie of this acte, wherby any impotent begger, shall be auctorised and assigned to begge, shall be made in this fourme ensuynge.
¶ Kano. ss. ¶ Memorandum, that A. B. of Dale, for reasonable considerations, is lycenced to begge within the hundred of P. K. and L. in the sayde countie. Gyuen vnder the seale of that lymytte, Tali die et anno.
¶ And that euery suche letter, that shalbe made and delyuered to suche begger or vacabounde, after he hath be whypped by auctoritie of this acte, shall be made in this wyse folowynge.
¶ Kente. ss. ¶ I. S. whypped for a vagrant stronge begger at Dale, in the sayde countie, accordynge to the lawe, the .xxii. day of Iulye, in the .xxiii. yere of kynge Henry the .viii. was assygned to passe forthewith and directely, frome thens to Sale, in the countie of Midd, where he saithe he was borne, or where he laste dwellyd, by the tyme of .iii. yeres. And he is lymitted to be there within .xiiii. dayes nexte insuyng at his perylle, or within suche noumbre of dayes, as to hym shall be lymytted by the discretion of the maker of the sayde letter. In wytnesse wherof the seale of the lymytte of the sayde place of his punyshement herevnto is sette.
¶ And it is enacted, that euery suche letter shall be made at the equall costes of suche of the sayd Iustyces, Mayres, Sheryffes, Baylyffes, or other offycers, within whose iurysdiction, powers, and auctorities the sayde begger or vacabounde shall be whypped or lymytted to begge in, by auctoritie of this acte. And euerye suche letter shall be subscribed with the hande of one of the sayde Iustyces, Mayres, Sheriffes, baylyffes, or other officers in this forme folowing, Per me A. B. vnum Iusticiariorum Pacis, or Maiorem Ciuitatis, or Balliuum ville, or constabularium talis hundredi, or els in lyke forme in Englyshe.
¶ And it is further enacted, that euerye suche person and persones, as haue the custody of any Gayles, within any shire, citie, boroughe, or towne corporate, on this syde the feast of saynt Iohn̄ the Baptiste, shall do make a seale engraued with the name of the castel prison or Gayle, [Page] whiche he kepeth. And in case any person or persones, that at any tyme after the sayde feaste of saynt Iohn̄, shall be delyuered out of any Gaile or prisonne for suspecious of felonye by proclamation, or be acquytte of any felonye, and hath no frendes to pay his fees, nor was borne within the hundrede or place, where he shall happen to be so delyuered, nor can gette hym no maister, there to abyde and worke with, shal haue lybertie to begge for his fees, by the lycence of his keper, by the space of .vi. wekes nexte after suche delyueraunce, and after that to be compellyd to go to the hundred, where he was borne, or laste dwellyd by the space of .iii. yeres, within suche tyme as shall be lymytted by one of the Iustices of peace, Mayres, Sheriffes, bailyffes, or any offycers, where suche delyuerance shall be had.
¶ And it is enacted, that euerye suche personne so delyuered, shall haue a letter made to hym by the clerke of the peace of the shyre, within the whiche he was delyuered, yf he be delyuered in the shyre: and if he be delyuered in any citie, borough, or towne corporate, than he to haue a letter of the common Clerke of euerye suche cytie, borough, or towne, where he is delyuered, euery suche letter wytnessynge the daye of his delyueraunce, and the place, where he was delyuered, and afore whome, and the tyme appoynted to hym to begge for his fees, and the place to the whiche he shall be assigned to repaire vnto, in case he can get no maister to falle to worke where he was delyuered. And to euerye suche letter the sayde Gayloure, or keper of prisonē, out of the whyche suche persone shall be delyuered, [Page] shall put the seale lymitted to be made as is aforesayde for the sayde prisone. And that euerye suche letter shall be made in this wyse folowynge.
¶ Essex. ss. ¶ The .xx. daye of Iulye, An. regne regis Henrici .viii. xxiii. I. S. was delyuered for felony out of the Gayle of D. in the sayd countie, at the sessions holden afore A. B. and his felowes at Sale, the day and yere aforesayd, and is allowed to begge for his fees by the space of vi. wekes, and in case he can gette hym no mayster to worke within the saide terme, than he is assigned to passe directely to D. in the countie of Kente, where he saythe he was borne, or laste dwellyd by the space of .iii. yeres, And he is allowed .xiiii. dayes nexte after the sayde .vi. weekes for his passage thyther, or suche nomber of dayes, as to hym shall be lymyted by the dyscretion of the maker of the sayde letter. In witnes wherof the seale of the prison, from the whiche he was delyuered, therevnto is sette. And in suche shyres, where there is no gayle, the shyreffe therof, for the tyme beinge, shall cause a seale to be engraued with the name of the shyre, and shall order and vse the same seale, to and for suche persons delyuered, as is afore sayde, after lyke maner and fourme, as the gayler and keper of the Gayle is lymytted and appoynted to doo by this acte.
¶ AND it is also enacted, that euery clerke of the peace of the shyre, within the whyche suche personne shall be delyuered, and euerye common clerke of euery citie, boroughe, or towne corporate, within the whiche any suche person, shall [Page] be delyuered, shall make for euery suche persone as shall be so delyuered, where they be suche offycers, the sayde letter in fourme aboue sayde, without any fee takynge for the same, and shall delyuer euery suche letter to the Gaylour or keper of the prison, from the whiche suche person shalbe delyuered. And if there be no gayle there, than to the Sheryffe of the shyre, where suche delyuerance shall be had, within one daye nexte after the end of the sessions, where any such delyueraunce is had, vppon peyne to lose and forfaite for defaulte of euerye letter .xii. d. to the kynge our souerayne lorde. And that the Gaylour or keper of the prisone, from the which the sayde person shall be soo delyuered, and in case there be no Gayle, than the sheriffe of the shire, where any suche delyuerance shall be had, shall not suffre any such person to go abrode, to begge for his fees, nor departe out of prisone, excepte it be to seruyce or laboure, vnlesse the same gaylour or sheriffe fyrste delyuer to the sayde person the sayde letter, conteynynge his name, sealyd with the seale of the prison, from the whiche he shall be delyuered, or elles with the seale engraued with the name of the shire, yf there be noo prison, vpon peyne for euery defaut to lose .xii. d to our souerayne lorde.
¶ And it is enacted, that if any persone or persones, so beinge delyuered oute of prison, at any tyme after the sayde feaste, do begge, not hauynge the sayde letter sealyd, in fourme abouesayde, or begge contrarye to the tenoure of the same letter, that then he shall be taken, ordered, and whypped in euery behalfe, lyke as is aboue [Page] appoynted for stronge beggers. And that to be done and executed by suche as be aboue lymited, to do the same vpon stronge beggers, and in suche wyse, and vpon suche peyne as is afore lymytted, for none execution of the punyshement of stronge beggars.
¶ Prouyded alwaye, that it be lefull to euerye personne and personnes, beyng bounden by reason of any foundation or ordynaunce to gyue or distribute any money in almes, and also to euery persone and personnes at common dooles, vsed at buryals or obytes, to gyue and dispose in almes any money to euery person and persons, comynge to suche almes or dooles, after lyke maner and fourme, as they haue be accustomed to do in that behalfe, afore the makyng of this act, without any danger or penaltie, of this estatute, any thynge conteyned in this present estatute to the contrary hereof not withstandynge.
¶ Prouyded also that it be lefull to al maysters and gouernours of hospitals, to lodge and harborough any persone or persones, of charitie or almes, accordyng to the foundation of such hospytals, and to gyue money in almes, in as large maner and fourme, as they ar bounden or owen to do, any thinge in this estatute to the contrary hereof not withstandynge. And this acte to endure vnto the laste day of the next parliament.
Anno. 23. Edwardi. 3. Cap. 7.
ITEM bycause many valyaunt beggars, as longe as they may lyue of beggynge, doo refuse to labour, gyuynge them selfe to ydelnes, [Page] and vyce, and sometyme to thefte and other abhominations: none vppon peyne of imprisonemente shall, vnder the colour of pitie or almes, gyue any thynge to suche, whice may labour, or presume to fauour them towardis their desires: so that thereby they may be compelled to labour for their necessary lyuynge.
Anno. 23. Henrici. 8. Cap. 5.
THE kyng our souerayne lorde, by delyberate aduyse & assent of his lordes spirituall and temporall,Commissions of sewers. and also his louynge commons in this present parlyament assemblid, ordeyned, establysshed, and enacted, that Commissions of sewers, and other the premisses, shal be directed in all partes within this realme from time to time, where and whan nede shal require, accordynge to the maner fourme tenour and effecte hereafter ensuynge, to such substancial and indifferent personnes, as shall be named by the lorde Chancellour and lorde Treasourer of Englande, and the .ii. chiefe Iustyces for the tyme beyng, or by .iii. of them, wherof the lord Chancellour to be one.
¶ Henry the .viii. &c. Knowe ye, that forasmoche as the walles, dyches, bankes, guttures, sewers, gotes, caulceis, brydges, streames, and other defences by the costes of the see, and marshe grounde, beinge and lyenge within the limittes of A. B. or C. in the countie or counties of [...] or in the borders or confines of the same by rage of the see, flowyng and reflowyng, and be meane of the trenches of freshe waters, descendinge [Page] and hauynge course by dyuers wayes to the see, be so dirupte lacerate and broken, and also the common passages of shyps, ballengers, and botes, in the ryuers, streames, & other fluddes, within the lymyttes of A. B. or C. in the countie or counties [...] of or in the borders or confynes of the sames, by meane of settynge vp, erectinge, and makyng of streames, mylnes, brydges, pondes, fysshegarthes, milled ammes, lockes, hebbynge weres, heckes and fludgates, or other lyke lettes impedimentes or anoysaunces, be letted and interrupted, so that great and inestimable damage, for defaulte of reparation of the sayde walles, dyches, bankes, fenses, sewers, gootes, guttures, caulceys, brydges, and streames, And also by meane of settynge vp, erectynge, makynge and enlargynge of the sayde fyshgarthes, mildāmes, lockes, hebbynge weres, heckes, fludgates, and other lyke anoysaunces in tymes past haue happened, and yet is to be feared, that farre greater hurte, losse, & damage, is lyke to ensue, onelesse that spedy remedy be prouyded in that behalfe: we therfore for that by reason of oure dignitie & prerogatiue royall, we be bounde to prouyde for the safetye and preseruation of oure realme of Englande, willynge that spedy remedye be had in the premisses, haue assigned you & .vi. of you, of the which we woll that A. B. and C. shall be thre, to be our iustices, to suruey the sayd walles stremes, dyches, bankes, gutters, sewers, gotes, caulceys, brydges, trenches, mylnes, myldammes, fludgates, pondes, lockes, hebbyng weres, & other impedimentes, lettes, and anoysaunces, [Page] aforesayde, and the same cause to be made, corrected, repayred, amended, put downe, or reformed, as case shal require, after your wysedomes and discretions, And therin as well to ordeyne and doo after the fourme, tenour, and effecte of all and synguler the estatutes and ordenaunces, made before the fyrste day of Marche, the .xxiii. yere of our reygne, touchynge the premysses or any of them, as also to inquire by the othes of the honeste and laufulle men of the sayde shyre or shyres, place or places, where suche defautes or anoysaunces be, as well within the lyberties as withoute (by whom the trouthe maye the rather be knowen) throughe whose defaulte the sayde hurtes and damages haue happened, and who hath or holdeth any landes or tenementes, or common of pasture, or profytte of fysshynge, or hath or may haue any hurt, losse, or disaduantage, by any maner of meanes in the sayde places, as well nere to the sayde dangers lettes and impedimentes, as inhabytynge or dwellynge there aboutes by the sayde walles, dyches, bankes, guttures, gotes, sewers, trenches, and other the sayde impedimentes and anoysances.
And al those persons and euery of them to taxe, assesse, charge, distreyne, and punysshe as welle within the metes, limittes, and boundes of olde tyme accustomed or otherwyse, as elles where within our realme of Englande, after the quantitie of their landes, tenementes, and rentes by the nombre of acres and perches, after the rate of euery persons portion, tenour, or profyte, or after the quantite of their common of pasture or profyte of fyshynge or other commodities there [Page] by suche wayes and meanes, and in suche maner and fourme, as to you or .vi. of you, wherof the sayde A. B. and C. to be thre, shall seme mooste conuenient to be ordeyned and done for redresse and reformation to be had in the premisses: And also to refourme, repayre, and amende the sayd wals, dyches, bankes, gutters, sewers, gootes, caulceies, bridges, streames, and other the premysses, in al places nedeful: and the same as often and where nede shall be to make newe, and to clense and purge the trenches, sewers, & dyches in all places necessarye, and further to refourme amende prostrate and [...] [...]e all suche mylles, streames, pondes, lockes, fyshegarthes, hebbynge, weres, and other impedimētes and anoysaunces afore sayde, as shall be founde by inquisition or by your surueyenge and discretions to be excessiue or hurtefull. And also to depute and assigne, diligent, faithfull, and trewe kepers, baylyffes, surueyours, collectours, expenditours and other ministers, and officers, for the sauetie, conseruation, reparation, reformation and makynge of the premysses and euery of them, and to here the accompt of the collectours and other mynisters of and for the receyte and leyenge out of the money that shal be leuyed and payed in and about the makynge, repayring, refourmynge, and amendynge of the sayd walles, dyches, bankes, gutters, gootes, sewers, caulceys, brydges, streames, trenches, mylnes, pondes, lockes, fyshegarthes, fludgates, and other impedimentes and anoysaunces aforesayd. And to distreyne for the arrerages of euery such collection taxe or assesse, as often as shall be expediēt, [Page] or otherwyse to punyshe the dettours and deteyners of the same, by fynes, amerciamentes, peynes, or other lyke meanes, after your good discretions. And also to arreste and take as manye cartes, horses, oxen, beastes, and other instrumentes necessary, and as manye workemen and labourers, as for the sayd workes and reparation shall suffice, payenge for the same competent wages salarye and stipende in that behalfe: And also take suche and as many trees, woddes, vnderwodes, and tymbre, and other necessaries, as for the same workes and reparations shall be sufficient at a reasonable price, by you or .vi. of you, of the which we will that A. B. and C. shal be thre, to be assessed or lymytted, as well within the lymyttes and boundes aforesayde, as in any other place within the sayde countye or counties nere vnto the sayde places, And to make and ordeyne statutes ordenances and prouisions from tyme to tyme, as the case shall require, for the safegarde conseruatiō redresse correction and reformation of the premysses, and of euery of thē, and the partyes lyeng to the same, necessary and behouefull after the lawes and customes of Rōney marshe, in the countie of Kent, or otherwyse by any wayes or meanes after your owne wysedomes and discretions. And to here and determine all & syngular the premisses, as well at our suyte, as at the suyte of any other what so euer complaynynge before you, or .vi. of you: wherof A. B. and C. shalbe thre, after the lawes and customes aforesayde, or otherwyse by any other wayes and meanes after your discretions. And also to make and dyrecte all wryttes, preceptes, [Page] warrantes, or other commandementes, by vertue of these presentes, to al sheryffes, baylyffes, and all other minysters, offycers, and other persones, as well within lyberties as without, before you, or .vi. of you, wherof the sayde A. B. & C. to be thre, at certayne dayes, termes, and places to be prefyxed, to be returned and receyued. And further to contynue the proces of the same, and fynally to do all and euery thynge and thinges, as shall be requisite for the due execution of the premysses, by all wayes and meanes after your discretions. And therfore we commaunde you, that at certayne dayes and places, whan and where ye, or .vi. of you, whereof the sayde A.B. and C. to be thre, shall thynke expedient, ye doo surueye the sayde walles, fenses, dyches, bankes, gutters, gotes, sewers, caulceyes, pondes, brydges, ryuers, streames, water courses, mylnes, lockes, trenches, fyshegarthes, fludgates, and other the lettes, impedimentes, & annoysaunces aforesayd, and accomplish, fulfyll, here, and determyne all and syngular the premisses in due fourme, and to the effecte aforesayde, after your good discretions: And all suche as ye shall fynde neglygent gaynsayenge or rebelling in the sayd workes, reparations, or reformation of the premisses, or negligent in the dewe execution of this our Commission, that ye doo compell them by distresse, fines, and amerciamētis, or by other punyshmentes, wayes, or meanes, which to you or .vi. of you, wherof the sayd A.B. and C. shall be thre, shall seme most expedient for the speedye remedy, redresse, and reformation of the premisses, and due execution of the same. And all suche [Page] thynges as by you shall be made and ordeyned in this behalfe, as well within lyberties as without, that ye do cause the same fyrmely to be obserued, doynge therin as to our Iustyces apperteyneth, after the lawes and statutes of this our realme, and accordynge to your wisedomes & discretions. Saued alwayes to vs suche fines and amerciamentes as to vs therof shal belong. And we also commande oure sheriffe or sheriffes of our sayde countie or counties of [...] that they shall cause to come before you, or syxe of you, of the whiche A. B. and C. shall be thre, at suche dayes and places, as ye shall appoynte to them, suche and as many honest men of his or their baylywicke, as welle within the lyberties as withoute, by whom the trouthe maye best be knowen, to inquire of the premysses. Commandynge also all other mynysters and offycers, as well within lybertie as withoute, that they and euery of them shall be atcendant to you, in and aboute the due execution of this your commission. In wytnesse whereof we haue caused these oure letters patentes to be made. wytnesse oure selfe at westm̄ the [...] daye of [...] in the [...] yere of our reygne.
¶ And it is also enacted; that euery such person, as shall be named Commissioner in the sayd cōmission, after he hath knowledge therof, shal effectually put his dilygence and attendāce in and aboute the execution of the sayde Commyssion. And before he shall take vppon hym the executiō of the sayd commission, he shall take a corporall othe before the lorde Chauncelloure, or before suche, to whom the sayde lorde Chauncelloure [Page] shall directe the kynges writte of Dedimus potestatem, to take the same, or before the Iustices of the peace in the quarter sessions holden in the shyre, where suche commission shall be directed: the tenour of whiche othe hereafter ensueth.
¶ Ye shall sweare, that you to your counnynge wytte and power, shall trewely and indifferentlye execute the auctorytie to you youen by this Commyssion of Sewers, without any fauour affection corruption drede or malyce to be borne to any maner person or personnes: And as the case shall require, ye shall consent and endeuour your selfe for youre parte, to the beste of youre knowledge and power, to the makyng of suche holsome iuste equall and indifferente lawes and ordynaunces, as shall be made and deuysed by the most discrete and indifferent nombre of your felowes, beinge in commission with you for the dewe redresse, refourmation, and amendment of all and euery suche thynges, as ar conteyned and specified in the sayd Commission: And the same lawes and ordynaunces, to your counnyng wyt and power, cause to be put in dewe execution, without fauour mede drede malyce or affection, as god you helpe and all sayntes.
¶ And it is also enacted by the auctoritie aforesayde, that all and euery estatute acte and ordenaunce heretofore made concernyng the premisses or any of them, as well in the tyme of our souerayne lorde the kynge that nowe is, as in the tyme of any of his progenytours kynges of this realme of England, not beinge contrary to this present acte, nor heretofore rep [...]llyd, from hense forthe shall stande and be good and effectuall for [Page] euer, and to be put in due execution, accordinge to the true meanynge and purportis of the same,
¶ And ouer that be it enacted, that the commyssioners hereafter to be named in any of the sayd Commyssions, accordynge to the purporte and effect of the same commyssions, haue ful power and auctoritie, to make, constitute, and ordeyne lawes, ordynances, and decrees, and further to do all and euery thynge mencioned in the sayde commyssion, accordyng to the purporte, effecte, wordes, and true meanynge of the same. And the same lawes and ordynances so made, to reforme repelle and amende, and make newe from tyme to tyme, as the cases necessarie, shall requyre in that behalfe.
¶ Prouided alwaye, and it is enacted, that yf any person or persones, beinge assessed or taxed to any lot or charge, for any landes, tenementes, or heredytamentes within the lymyttes of anye commyssion hereafter to be directed, do not pay the sayde lotte and charge, accordynge to the ordenaunce and assignemente of the commyssyoners, hauynge power of thexecution of the said commission, by reason whereof it shall happen the sayde commissioners, hauyng power of execution of suche Commissyon, for lacke of payment of suche lotte and charge, to decree and ordeyne the same landes tenementes and hereditamentes from the owner or owners thereof, and theyr heyres, and the heyres of euery of them, to any person or persons, for terme of yeres, terme of lyfe, in fee symple or in tayle, for payment of the same lotte and charge, that then euery suche decree and ordynance, so by theym made, ingrossed [Page] in parchemente, and certyfyed vnder their seales, into the kynges court of Chancery, with the kynges royal assent hadde to the same, shall bynde all and euery person and persons, that at the makynge of the same decree had any interest, in suche londes, tenementes, or heredytamentes in vse, possession, reuersyon, or remayndre, their heyres and feoffees and euery of them. And not to be in any wyse refourmed, onlesse it be by auctoritie of parlyament hereafter to be somoned & holden within this realme.
¶ And also it is prouyded by auctoritie aforesayde, that the same lawes ordynaunces and decrees to be made and ordeyned by the sayd commissioners or syxe of theym, by auctoritie of the sayde commyssion, shal bynde as well the landes tenementes and hereditamentes of the kyng our souerayne lorde, as all and euery other personne and personnes, and their heyres, for suche their intereste, as they shall fortune to haue or maye haue in any landes, tenementes, or hereditamētes, or other casuall profyte, aduauntage, or cōmoditie, what so euer they be, whervnto the said lawes ordenaūces and decrees, shall in any wyse extende, accordynge to the trewe purporte, meanynge, and intent of the same lawes.
¶ And it is furthermore by the auctoritie aforesayde establysshed and enacted: that yf any maner of person or personnes, of what estate or degree so euer he or they be of, that from hensforth doth take vpon him or them to syt by vertue of any the sayde commyssyons, not beynge before sworne in fourme as is aforesayde, and accordynge to the tenour of the othe afore specifyed: [Page] Of if any personne so named and sworne, do syt as is aforesayde, not hauynge landes and tenementes, or other hereditamentes in fee simple, fee tayle, or for terme of lyfe, to the clere yerelye value of .xl. markes, aboue all charges, to his owne vse, excepte he be resiant and free of anye citie boroughe or towne corporate, and haue mouable substance of the clere value of one hundred poundes, or els be lerned in the lawes of this realme, in and concerning the same, that is to say, admitted in one of the foure principall Innes of courte, for an vtter barrester, shall forfayte .xl. poundes for euery tyme that he shall attempte so to do. The one halfe therof to be to our soueraygne lorde the kynge, and the other halfe therof to the vse of him or theym that wyll sue therfore, by action of dette bylle playnte or information in any of the kynges courtes: in whiche action or suyte, no wager of lawe shall be admitted, nor any essoyne or protection shall be allowed. And if any action of trespas or other suyte shall happen to be attempted against any person or personnes for takynge of any dystresse, or any other acte doinge, by auctoritie of the sayd commission, or by auctoritie of any lawes or ordinaunces made by vertue of the sayde commission, the defendant or defendauntes in any suche action, shall and may make auowrie conysance or iustification, for the takynge of the same dystresse, or other acte doinge, touchynge the premysses or any of them, allegynge in such auowry conysance or iustification, that the sayde dystresse, trespas, or other acte, wherof the playntyfe complayneth was done by auctoritie of the [Page] commissions of sewers, for lotte or taxe assessed by the sayde commission, or for suche other acte or cause, as the sayde defendant dyd by auctoritie of the sayde Commissyon, and accordyng to the tenour purporte and effecte of this presente acte, made the .xxiii. yere of the reygne of our soueraygne lorde kynge Henry the .viii. withoute any expressynge or rehersall of any other matter or circumstance, conteyned in this present acte, or any commission lawes estatutes or ordenaunces thervpon to be made, whervpon the playntife shall be admytted to replye, that the defendant dyd take the sayde distresse, or do any other acte or trespasse, supposed in his declaration of his owne wronge without any suche cause alleged by the sayd defendaunt, whervpon the issue in euery suche action shall be ioyned, to be tryed by verdicte of .xii. men, and not otherwyse, as is accustomed in other personalle actions. And vppon the tryall of that issue, the hole matter to be gyuen on bothe partes in euydence, according to the very trouthe of the same. And after suche issue tried for the defendaunt, or nonsuite of the pleintife after apparaunce, the same defendant to recouer treble dammages, by reasone of his wrongefull vexation in that behalfe, with his costes also in that part susteyned, and that to be assessed by the same Iurie, or writte, to enquyre of damages, as the cause shall requyre.
¶ And it is also enacted, that euery of the sayde commissioners shall haue and perceyue .iiii. shyllynges for euery daye that they shall take peyne in the execution of this commission of Sewers, And one clerke by theym to be assygned .ii.s. for [Page] euery daye, of the rates taxes lottes and waines that shall be assessed or loste, by auctoritie of the sayde Commission, and to be leuyed and payde by their discretions. And that the sayde commissioners, or sixe of theym, shall haue power and auctorite to lymyt and assigne of the same rates, taxes, lottes, and waynes by their discretions, suche reasonable sommes of money to the sayde clerke, for writinge of bokes and proces concernynge the premysses, and to the collectours, expenditours, and suche other as shall take peyne in the due execution of the sayde commission, as by the discretions of the sayde commissioners, or vi. of them, shall be thought reasonable.
¶ Prouyded alwaye, that whan so euer and as often as suche Commission, as is afore lymitted, shall be made and directed to any persone or persones for the reformation and amendement, of or in any of the premisses, specifyed in the sayde commission, within the fees liberties or possession of the duchye of Lancaster: that then suche commissioners, as shall execute any suche commission, shall be alwayes named and appoynted by the discretion of the lorde Chauncellour and lorde Treasourer of Englande, & the sayde two chiefe iustices of eyther benche, and the Chancellour of the sayde duchye for the tyme beynge, or .iii. of theym, wherof the sayde lorde Chauncellour, and the Chauncellour of the duchy to be two. And that in euerye suche case, two Commissions shall be awarded and made, accordinge to the tenour of the Commission aboue expressed, one therof vnder the great seale of Englād, and the other vnder the seale of the same duchy, [Page] as before tyme hath ben accustomed, any thynge afore rehersed in this present acte to the contrary hereof not withstandynge.
¶ And it is further enacted, that the sayde commission from tyme to tyme, as the case shall require, shall be had and opteyned, withoute any money or other charge, to be payde for the seales or writynge of the same, onelesse it be to the kynge .ii.s. vi.d. for the seale of euery Commissyon, as hath ben accustomed: And for the wrytynge and enrollyng of any one commission .v.s. and not aboue.
¶ And it is further enacted, that euery commission to be made by auctoritie of this act, shal endure and contynue for the terme of three yeres, nexte after the Teste of the Commyssion. Neuer the lesse after any commission made and delyuered out of the kynges courte of Chancerie, the kynges hyghnesse shall alwayes at his pleasure by his wrytte of Supersedias, oute of his sayd courte of Chancerie, at any tyme discharge as wel euery such commission, as euery commissioner, that shall be made or named by auctoritie of this acte. After whiche discharge the sayd commissyoners shall haue no power, nor auctoritie to procede in the execution of theyr commission, nor in any thynge by auctoritie of this act.
¶ Prouided alwais, that suche lawes actes decrees and ordinances, as shal happen to be made by the sayde commissioners, according to the tenour of theyr cōmission, or by auctoritie of this acte, shall stande good & effectualle, and be put in due execution, so longe tyme as their commission endureth, and no longer. Except the sayd lawes [Page] and ordinances be made and ingrossed in parchment, and certified vnder the seales of the sayde cōmissioners, into the kynges courte of Chancerie, and that the kynges royall assent be hadde to the same: any thyng conteyned in this present acte to the contrary hereof not withstandyng.
¶ Prouided also, that whan so euer and as often as suche commission as is afore lymited, shal be made and directed to any persone or persons, for the refourmation and amendment of or in any of the premisses, specified in the said commission, within the fees lyberties and possessions of the principalitie of wales, the countie Palantine of Chester, or within the fees, liberties, and possessions of any other place, where there is libertie and iurisdiction of countie palantine that in euery suche case, two commyssions shall be awarded and made, accordynge to the tenoure of the commyssion aboue expressed, one therof vnder the greatte seale of Englande, and the other vnder the vsuall seale of the countie Palantine, in maner and fourme, as is aboue prouyded for the Duchie of Lancaster, any thing afore rehersed in this present acte to the contrary not withstandynge.
¶ And it is prouyded and also enacted, that the royall assent lymitted to be had vnto the lawes and ordinaunces, to be made by the sayde commyssyoners, as is abouesayde, shall be certifyed into the sayde courte of Chauncerie, vnder the kynges priuie seale: And that there shal not any somme of money be payde for the same pryuye seale, but for the writynge of the same Certificate vnder the sayde priuie seale, shall be payd to [Page] the wryter therof .ii. s. and not aboue, nor noo other, nor greatter somme for any thynge touchynge or concernynge the same Certificate, vnder the same priuie seale.
¶ Prouyded alwayes, that the Chancellours, and suche other as shall haue the custody of the seales of the sayde principalitie of wales, or the countie palantine of Chester, or within the fees liberties & possessions of any other place, where there is lybertie and iurisdiction of countye palantine, vpon reasonable requeste, and vpon the syght of the commission vnder the kynges great seale of his Chancery, shall without delay make out an other commission, vnder the seale of the sayde countie palantine, accordynge to the tenor of the kynges commission to them shewed vnder his great seale. And to those commissioners as shall be named by the lorde Chauncelloure, lorde Tresourer, and the two chiefe Iustices, or by thre of them, wherof the lorde Chauncellour to be one, except it be within the fees and liberties of the duchye of Lancaster, within whiche fees and liberties the commissioners shall be named, and commissions made, as is afore ordeyned by this acte, any thynge conteyned in the sayd acte, or in any prouiso thervnto added and annexed to the contrary therof notwithstandynge.
¶ This acte to endure for .xx. yeres.
Anno. 24. Henrici. 8. Cap. 13.
VVHERE BEFORE this tyme dyuers lawes, ordynaunces,R formation of excesse in apparayle. and statutes haue ben with great deliberation and aduyse, [Page] prouyded establyshed and deuised, for the necessarie repressynge, auoydyng, and expelling of the inordinate excesse, dayely more and more vsed in the sumptuous and costly array and apparell, accustomably worne in this realme: wherof hath ensued and dayly do chaunce suche sondry, hygh, and notable inconueniences, as be to the great, manifeste, and notorious detrimente of the common weale, the subuertion of good and polytike order in knowledge and distinction of people, accordynge to their estates, preeminences, dignities, and degrees, and to the vtter enpouerysshement and vndoynge of manye inexperte and lyghte personnes, inclyned to pryde, mother of all vyces: whiche good lawes not withstandynge, the oulteragyouse excesse therin is rather frome tyme to tyme increased, thanne dymynysshed, eyther by occasyon of the peruerse and frowarde maners and vsage of people, or for that errours and abuses ones roted and taken into longe custome, be not facylly and at ones withoute some moderation for a tyme relynquyshed and refourmed. In consyderation wherof, and for a reasonable order and remedy lyke to be obserued, performed, and contynually kepte, It is by the kynges highnes, the lordes spiritual and temporal, and the commons in this presente parlyamente assemblyd, and by auctoritie of the same, enacted, establyshed, and ordeyned, in maner and fourme folowynge.
¶ Fyrste that no person or personnes, of what estate, dignitie, degree, or condition so euer they be, from the feaste of the Purification of oure ladye, whiche shall be in the yere of our lorde, [Page] M.D.XXXIII. vse or weare in any maner their apparayle, or vppon theyr horse, mule, or other beast, any sylke of the colour of purpure, ne any clothe of golde, of tyssue, but onely the kynge, the quene, the kynges mother, the kynges chyldren, the kynges bretherne, and systers, and the kynges vncles and auntes: except that it shall be lefulle to all dukes and marquyses to weare and vse in their doublettes and sleueles cotes, cloth of golde, of tissue, and in none other their garmentes, So that the same to be worne by suche dukes and marquyses, excede not the price of .v. li. the yerde. Prouyded that this worde purpure extende not to any mantel of the order of the Garter.
¶ AND that no manne, vnder the state of an erle, from the same feast, vse or weare in his apparell of his bodye, or vppon his hors, mule, or other beaste, or harneys of the same beast, any clothe of golde or syluer, or of tynselde saten, or any other sylke or clothe myxed or embrowdred with golde or syluer, nor also any furres of Sables: excepte that it shall be lefull for vicontes, the priour of sayncte Iohn̄s Hierusalem, within this realme, and barons, to weare in theyr doublettes or sleueles cotes, cloth of golde, syluer or tynsell.
¶ ALSO it is enacted, that noo manne, vnder the astate of a duke, marquyse, erle, and theyr chyldren, or vnder the degree of a baron, oneles he be a knyght, that is companion of the Garter, from the sayde feaste, weare in any part of his apparell any wollen clothe, made oute of this realme of Englande, Irelande, wales, Calys, [Page] Berwyke, or the marches of the same, excepte in bonettes onely: Ne also weare in anye maner apparayle of his bodye, or on his horse, mule, or other beaste, or harneyse of the same beaste, any veluette of the colours of crymesen, scarlet, or blewe, ne any furres of blacke Ienettes or lusernes, ne any maner imbrowdery. And that no manne, onelesse he be a knyght, after the sayde feaste, weare any coler of golde, named a coler of S. And that no man, vnder the degree of a barons sonne, or of a knyght, except he may expende yerely in landes, or tenementes, rentes, fees, or annuities to his owne vse, for terme of his lyfe, or for terme of an other mans lyfe, or in the ryght of his wyfe, two hundreth poundes ouer all charges, shall after the sayd feast, vse or weare any cheyne of golde, bracelet, ouche, or other ornament of golde, in any parte of his or their apparayle, or the apparayle of his or their horse, mule, or other beaste: excepte euery suche theyne, iewell, ouche, or ornament, be in weight one vnce of fyne golde, or aboue, and except ringes of golde, to be worne on their fyngers, with stones or without. Ne also shall weare any maner of veluet in their gownes, cotes with sleues or other vttermost garmentes, nor any furres of lybardes, nor also shall weare anye maner embrodery, prickynge or pryntinge with golde, siluer, or sylke in any part of their apparayl, or on their horses, mules, or other beastes.
¶ AND that no manne, vnder the sayde astates and degrees, other than suche as maye dyspende in londes, or tenementes, rentes, fees, or annuities, as is aforesayde, a hundred poundes [Page] by yere, ouer all charges, shall after the sayde feaste, weare any saten, damaske, sylke chamlet, or taffata in his gowne, cote with sleues, or other vttermoste apparayle or garment, nor any maner of veluette, otherwyse than in sleuelesse iackettes, doublettes, coyfes, partlettes, or purses: Nor also shall weare any furre, wherof the lyke kynde groweth not within this realme of Englande, Irelande, wales, Calys, Berwyke, or the marches of the same: except foynes, genettes, called graye genettes, and bogy.
¶ AND that no man vnder the sayd degrees, other than the sonne and heyre apparaunt of a knyght, or the sonne and heyre apparaunte of a manne of thre hundreth marke by yere, ouer all charges, and suche other men as maye dispende in landes and tenementes, rentes, fees, annuities, or other yerely profytes, as is aforesayde, xl. li. by yere, ouer all charges, frome the sayde feaste, weare in their gownes, or any other their vttermoste apparayle, any chamlet or sylke, ne also weare in any other parte of their apparayl, any sylke, other than satyne, damaske, taffata, or sarcenette in their doublettes, and sarcenette, chamblet, or taffara in lyuynge of their gownes, and the same, or veluet in their sleuelesse cotes, iackettes, ierkyns, coyfes, cappes, pourses, or partelettes, the colours of scarlette, crymysen, and blewe allwayes excepte. Nor shall weare any furre of foynes, or genettes, called Gray ienettes, nor any other furres, wherof the lyke kynde is not growen within this realme of Englande, Irelande, wales, Calys, Berwyke, or the marches of the same, excepte before excepte, [Page] Ne shall weare anye maner aglettes, buttons, broches of gold or syluer gylte, or counterfaite gilt, or made with ani other diuise of any weight Nor shall weare any cheyne of golde, of lesse weyghte and value than tenne vnces of Treye weyght of fyne golde.
¶ And that no man vnder the sayde degrees, other than suche gentylman as maye dispende in landes, or tenementis, rentes, fees, or annuities, as is aforesayd .xx. poundes by yere ouer al charges, from and after the sayde feaste, weare any maner of sylke, in any apparayle of his body, or of his horse, mule, or other beaste, excepte it be satten, taffata, sarcenet, or damaske in his doublet or coyfe, and chamblet in his sleuelesse iackettes, and a lace of sylke for his bonet, or pointes, laces, gyrdels or garters made or wroughte in Englande or wales: nor shall weare any furres of blacke conye or bogy.
¶ And that noo manne vnder the sayd degrees, other than suche as may dispende in landes and tenementes, rentes, fees, or annuities, as is aforesayd, fyue poundes by yere ouer al charges, from and after the sayd feaste, weare any maner of clothe of the colour of scarlet, crymosen, or violet engrayned, nor any silke in their doublettis or iackets, nor any other cloth in any garment aboue the price of .vi. s. viii.d. the brode yard: nor any other thyng made out of this realme, except chamblet in their doublettes and iackettes.
¶ And that noo seruynge manne, nor other yoman, takynge wages, or suche other as he may not dispend of frehold forty shyllynges by yere, after the sayde feaste, shall weare any clothe in [Page] his hoses, aboue the price of two shyllynges the yarde: And that none of their hoses be garded or myxed with any other thynge, that may be sene on or through the vtter parte of their hosen, but with the selfe same cloth only, nor in his gown, cote, or iackette, or other garnement any clothe, aboue the price of three shyllynges foure pence the brode yarde, except it be his maysters lyuery, nor any maner furre, excepte cony, called graye cony, blacke lambe or white lambe of Englishe, welsshe, or Irisshe growinge: Nor shall weare any shyrte, or shyrt bande, vnder or vpper cappt, coyfe, bonet, or hat, garnysshed, myxte, made, or wrought with sylke, golde, or syluer: Nor shall weare any bonet or shirtband, made or wrought out of this realme of Englande, or wales, Neuertheles it shall be lefulle for hym to weare a sylke ribande for his bonet, and also the cognysance or badge of his lorde or mayster, and a horne tipped or flued, with syluer gylt or vngilt, And also they and all other persons to weare on their bonettes all suche games of syluer gylte or vngylte, as they or any of them maye wynne by wrastlynge, shotynge, rennyng, leapinge, or castyng of the barre, and also masters of the ships or other vessels, and mariners to weare whistels of syluer, with the cheyn of syluer to hange the same vpon, any former clause in this act heretofore mentionid to the contrary not withstāding.
¶ AND that noo housebande man, frome the sayde feaste, weare in his hoses any cloth aboue the price of the yarde .iis. shillinges, or any cloth in his gowne aboue the price of .iiii.s. the brode yarde, or in his iackette or cote, aboue the pryce [Page] of .ii. s. viii. d. the brode yarde. Nor in his doublet any other thinge than is wrought within this realme, fustian and canuas onely excepted, nor any maner of furre in any his apparell.
¶ And that no seruynge man in husbandry, or iourney manne in handy craftes, takynge wages after and from the feaste aforesayde, weare in his hoses any cloth aboue the pryce. of .xvi. d. the yarde, nor shal weare any cloth in his gown, iackette, or cote, aboue the price of .ii. shillinges viii. d. the brode yarde, nor in his doublette any other thynge than fustian, canuas, or lether, or wollen clothe, nor any maner of furre in any of his apparell.
¶ PROVIDED allwayes, that all suche officers and seruantes, waytinge or attendynge vppon the kynge, the Quene, the prynce or princesse, dayely, yerely, or quarterly in their householdes, or beynge in their Eschequire rolle, as shall be admytted, assigned, and lycenced by his grace, to vse or weare any maner apparayle on their bodyes, horses, mules, or other beastes, otherwyse than is afore expressed, shal mowe laufully do the same, accordyng to the lycence, whiche shall be gyuen vnto theym in that behalfe.
The same lycence to be declared in wrytinge by the kynges hyghnes, or the lorde stewarde of his moste honorable housholde, or the lorde Chamberlayne, knowynge the kynges moste gracious pleasure in the same.
¶ PROVIDED also, that the vycechamberlayne, Stewarde, Treasorer, and Comptroller of the frenche quenes honourable householde, and euery of theym for the tyme beynge, [Page] after and frome the sayde feaste, maye weare in their gownes, cotes, iakettes, doublettes, and other their apparayle, veluet, saten, & damaske, beynge of the colours of blacke, tawnye, or russet, and also cheynes and broches of golde, of suche value as they wolle at their lybertie, this present acte, or any thinge therin mencioned to the contrary notwithstandinge.
¶ PROVIDED also, that the lorde Chancellour, and the lorde Treasorer of Englande, the presydente of the kynges counsayle, and the lorde priuie seale, for the tyme beynge, of what astate or degre so euer they be, besydes those romes, maye weare in their apparayle, veluet, saten, and other sylkes of any colours, except purpure, and any maner furres, excepte blacke ienettes, any thinge in this acte mencyoned to the contrary not withstandynge.
¶ BE IT further enacted, that after the said feaste, none of the clergye, vnder the dignitie of a byshop, abbot, or priour, beinge a lorde of the parlyament, weare in any parte of his or their apparell of their bodyes, or on their horses, any maner of stuffe, wrought or made out of this realme of Englande, Irelande, wales, Caleys, Berwyke, or the marches of the same, excepte that it shall be lefull to all archedeacons, deanes, prouostes, maysters, and wardens, of cathedral and collegiate churches, prebendaries, doctours or bachelers in diuinite, doctours of the one law or the other, and also doctours of other sciences, which haue taken that degre, or be admitted in any vniuersitie, to weare sarcenet in the lyuinge of their gownes, blacke saten, or blacke chamlet [Page] in theyr doublets and sleueles cotes, & blacke veluet or blacke sarrenet, or blacke saten in their typpettes, and ryding hodes or gyrdels, and also clothe of the colours of skarlet, murey, or violet, and furres called graye, blacke boge, foynes, shankes, or meneuer in their gownes and sleueles cotes, any thinge before mentioned to the cōtrary notwithstandynge. And that none of the clergye, vnder the degrees aforesayd, weare any maner of furres, other then blacke cony, bogy, graye cony, shankes, calaber graye, fyche, foxe, lambe, otter, and beuer. And that none of the clergie, vnder the degrees aforesayd, other than maysters of arte, and bachelers of the one lawe or the other, admitted in any vnyuersitie, or such other of the sayde clergie as maye dispend yerely .xx. li. ouer all charges, shall weare in their tipettes any maner of sarcenet or other sylke.
¶ PROVIDED also, that this acte, or any thynge therein conteyned, shall not extende nor be hurtefull or preiudicial to any of the kynges mooste honourable councell, ne to Iustices of the one benche or the other, the barons of the kynges Eschequere, the mayster of the rolles, seriantes at lawe, the maysters of the Chauncery, ne to any of the counsayle of the Queene, prynce or prynces, apprentises of the lawe, the kynges, the quenes, the pryncis, and the pryncesses phisitions, mayres, recorders, aldermen, shyriffes, baylyffes electe, and all other heed officers, of cities, townes, and boroughes corporate, wardeins of occupations, the barons of the fyue portes, that is to saye, to all the sayde officers and persones, that nowe be, or heretofore [Page] haue ben in lyke rome, place, offyce, or auctoritie, or hereafter for the tyme shalbe, as well in the tyme as after that they haue benne in any suche place, office, rome, or auctorytie, but that they shall mowe at all tymes were, after the said feaste, all such apparayle in and vpon theyr bodyes, horses, mules, and other beastes, and also citezens, and burgeses, shall mowe weare suche hoodes of clothe, and of suche colours, as they haue heretofore vsed to weare: any thynge in this acte mentioned to the contrary not withstandynge: excepte that it shall not be lefull to any of them to weare veluet, damaske, or saten of the colours of crimysen, violet, purpure, or blewe, otherwyse than by the continue of this acte, in any of the clauses before mentioned, is by reason of theyr landes or otherwyse permitted, limitted, or assigned.
¶ NE also this acte or any thinge therin mencioned, shall extende to ambassadours, or other personages sent frome outwarde princes, or to noble men, or other cominge into the kynges realme, or other part of his obeysaunce, to visite se or salute his grace, or to se the countrey, and not mynded to make longe or contynuall demure in the same, ne to any hencheman, heralde, or purceuaunt at armes, mynstrels, player in enterludes, syghtes, reuels, iustes, iourneys, bariers, solempne watches, or other marciall feates or disguysynges, or to men of warre, beynge in the kinges wages of warre: nor to any man for wearynge any apparayle, giuē vnto hym by the kynges hyghenes, the quene, the frenche quene, the prynce, or princesse, ne to any sword bearer of the [Page] cytie of London, or of any citie borowe or towne corporate. Ne also shal extende to any vtter barrester of any of the ynnes of courte for wearyng in any of his apparel suche sylke and furre, as is before lymitted for menne that maye dispende in landes, tenementes, rentes, fees, or annuities, for terme of lyfe .xx. li. ouer all charges: Nor to any other student of the ynnes of court or Chācery, or to any gentyll man, beinge seruaunt to any lorde, knyght, squyer, or gentylman of this realme, whose mayster may dispende .xl. li. ouer all charges, for wearinge by suche student or gētyllman, beynge seruaunt, of doublettes, & partlettes of satten, damaske, or chamlet, or iackettes of chamblet: which doublettes, partlettes, or iackettes be gyuen vnto them by any of their parentes, maisters, or kynsfolkes, so alwayes they be not of the colours of crimosen, purpure, scarlet, or blew: or for wearing of any furres, wherof the lyke groweth within this realme, wales, or Irelande, mar [...]ernes, and blacke cony except.
¶ IT IS also further enacted, that yf anye manne vse or weare, at any tyme after the sayde feast, any apparayl, or other the premysses, contrary to the tenour and fourme aforesayde: than he so offendynge, shall forfayte the same apparayle, and other the premisses, so by hym vsed or worne vppon his persone, horse, mule, or other beast, wherewith so euer it be garnyshed, embrodred, doubled, or myxed, or the value therof: and also .iii. s. iiii. d. in the name of a fyne for euery daye, that he shall so weare the same, contrarye to the tenour and purporte of this acte. And that euery man, that woll, may lawfully sue for [Page] the same, by action of detynue, to be commensed within .xv. dayes nexte after the begynnynge of the terme, next ensuynge, after any suche tyme and cause of forfayture so gyuen: in the whiche action the defendant shall not be suffred to wage his lawe, nor any essoyne or protection shal be to hym allowed in that behalfe. The one halfe of the which forfayture & fyne shall be to the kynges hyghnes, and the other halfe to him or them, that woll sue for the same, in fourme, and within the tyme before lymytted.
¶ AND it is further enacted by the auctoritie aforesayde, that it shall be lawfull to the iustices of peace in their sessiōs, the sheryffe in his turne, the stewarde in any lete or lawedaye, the aldermen in their wardes, and to all other persones, hauynge auctoritie to enquere of blodshede and frayes, to enquere of euery of the sayde offences and forfaytures: and the partyes offendynge against this statute, and so presented, shall make fyne in maner and forme, and after the rate aforesayde.
¶ OVER this it is enacted by the auctoritye aforesayde, that all other actes made for reformation of excesse in apparell, or arraye, at anye tyme before this present parlyament, and all and singuler articles, prouisions, forfaytures, and penalties, mencioned in the sayde former actes or any of them, be frō henseforth vtterly voyde, repelled, extyncte, and of none effecte: And all transgressions, offences, sommes of money, penalties, and forfaytures for anye thinge doone contrary to the sayd former actes, or any of thē, before this tyme made for reformation of excesse [Page] in apparayle, he clerely remytted, pardoned, and relesed: and the offenders in that behalfe and euery of them to be therof discharged, and acquited for euer.
¶ PROVIDED alwayes, that this acte, nor any thynge therin conteyned, be hurtefull or preiuditiall to any spyrituall or temporall persone, in and for the wearynge any ornamentes of the churche, vsed for executing diuine seruice, or for wearynge theyr amycis, mantils, habytes, or garmentes of relygion, or other thinges, whiche they be vsed or bounde vnto by theyr romes, or promotions, or religions: ne also to any graduates, beadels, or ministers to the graduates in vniuersities and scholes, for wearynge of their habites or hoodes, with furres, lyninges, or otherwise, after such forme as hertofore they haue bene accustomed to doo, any thinge in this present acte, made to the contrary not withstandynge.
¶ PROVIDED also that this acte, nor any thynge therein conteyned, be preiudiciall or hurtefull to any persone or personnes for wearinge of any lynnen cloth, made or wrought out of this realme, or other parties of the kynges obeysaunce, ne to any persone beynge of the degree of a gentylman, for wearynge of any shirte made, wrought, or embroudred with threde and sylke onely, so the same worke or embroudery be made within this realme of Englande, wales Cales, Berwyke, or the marches.