❧ An Acte for punishment of Rogues Vagabonds, and sturdie Beggers. Anno xxxix. Reginae Elizabethae.

FOr the suppressing of Rogues, Vagabonds, and sturdy beggers, Be it enacted by the authoritie of this present Parliament, that from and after the feast of Easter next comming, all Statutes heretofore made for the punishment of Rogues, Vagabonds or sturdy beggers, or for the erection or maintenance of houses of cor­rection or touching the same, shall for so much as concerneth the same, be vtterly repealed: And that from and after the said feast of Easter, from time to time it shall and may be lawfull to and for the Iustices of Peace of any County or Cittie in this Realme or the Dominions of Wales, assembled at any quarter Sessions of the Peace within the same County, Citty, Borough, or towne corporate, or the more part of them, to set downe order to erect, and to cause to bee erected one or more houses of correction within their seuerall Counties or Cities: For the do­ing and performing whereof, and for the prouiding of stockes of money, and all o­ther things necessary for the same, and the raising and gouerning of the same, and for correction and punishment of offenders thither to be committed, such orders as the same Iustices or the more part of them shall from time to time take, reforme, or set downe in any their said quarter Sessions in that behalfe, shall be of force, and be duely performed and put in execution.

And be it also further enacted by the authority aforesaid, That all persons calling themselues Schollers go­ing about begging, all Seafaring men pretending losses of their ships or goods on the Sea, going about the coun­trey begging, All idle persons going about in any countrey either begging or vsing any subtile craft, or vnlawfull games and playes, or fayning themselues to haue knowledge in Physiognomie, Palmestry, or other like crafty sci­ence, or pretending that they can tell destinies, fortunes, or such other like fantasticall imaginations: All persons that be, or vtter themselues to be Proctors, procurers, patent gatherers, or Collectors for gaoles, prisons, or Hospitals. All Fencers, Beare wards, common players of Interludes, and Minstrels, wandering abroad (other then players of Interludes belonging to any Baron of this Realme, or any other honourable parsonage of greater degree, to bee authorized to play vnder the hand and Seale of Armes of such Baron or personage) All Iuglers, Tinkers, Ped­lers, and petie Chapmen wandering abroad All wandering persons and common Labourers, being persons able in body, vsing loytering, and refusing to worke for such reasonable wages, as is taxed or commonly giuen in such parts, where such persons doe, or shall happen to dwell or abide, not hauing liuing otherwise to maintaine them­selues, All persons deliuered out of gaoles that begge for their fees, or otherwise do trauaile begging: All such per­sons as shall wander abroad begging, pretending losses by fire, or otherwise: And all such persons not being felons, wandering and pretending themselues to be Egyptians, or wandering in the habite, forme, or attire of counterfeite Egyptians, shall be taken, adiudged and deemed Rogues, Vagabonds, and sturdy beggers, and shall susteine such paine and punishments, as by this Acte is in that behalfe appointed.

And bee it enacted by the authority aforesaid, that euery person which is by this present Acte declared to bee a Rogue, Vagabond, or sturdy begger, which shall bee at any time after the said feast of Easter next comming, taken begging, vagrant, wandering or misordering themselues in any part of this Realme, or the Dominion of Wales, shall vpon their apprehension by the appointment of any Iustice of the Peace, Constable, Headborough or Ty­thingman of the same County, Hundred, Parish, or Tything, where such person shall be taken, the Tythingman or Headborough, being assisted therein with the aduise of the Minister, and one other of that Parish, bee stripped na­ked from the middle vpwards, and shall be openly whipped vntill his or her body be bloudy: and shall be forthwith sent from Parish to Parish, by the Officers of euery the same, the next straight way to the Parish where hee was borne, if the same may be knowne by the parties confession or otherwise. And if the same be not knowne, then to the Parish where he or she last dwelt before the same punishment by the space of one whole yere, there to put him, or her selfe to labour as a true Subiect ought to doe: Or not being knowne where he or she was borne or last dwelt, then to the Parish through which hee or shee last passed without punishment. After which whipping the same person shall haue a testimoniall subscribed with the hand, and Sealed with the Seale of the same Iustice of the Peace, Constable, Headborough or Tythingman, and of the Minister of the same Parish, or of any two of them, testifying that the same person hath beene punished according to this Acte, and mentioning the day & place of his or her pu­nishment, and the place whereunto such person is limitted to goe, and by what time the said person is limited to passe thither at his perill. And if the said person through his or her default do not accomplish the order appointed by the said testimoniall, then to be eftsoones taken and whipped, and so as often as any default shal be found in him or her, contrary to the forme of this Statute, in euery place to be whipped, till such person be repayred to the place li­mited: The substance of which testimoniall shall be registred by the Minister of that parish, in a Booke to be proui­ded for that purpose, vpon paine to forfeit fiue shillings for euery default thereof, and the party so whipped, and not knowne where he or she was borne, or last dwelt by the space of a yeare, shall by the Officers of the saide Village where he or she so last past thorow without punishment, be conueyed to the house of Correction of the limit wherein the said Village standeth, or to the common gaole of that County or place, there to remaine and bee imployed in worke, vntill he or she shall be placed in some seruice, and so to continue by the space of one yeare, or not being able of body, vntill he or she shall be placed to remaine in some Almeshouse in the same County or place.

Prouided alwayes, and be it enacted, if any of the said Rogues shall appeare to bee dangerous to the inferior sort of people where they shall be taken, or otherwise be such as will not be reformed of their rogish kind of life by the former prouisions of this Acte, That in euery such case it shall and may bee lawfull to the said Iustices of the limit where any such Rogue shall be taken, or any two of them, whereof one to be of the Quorum, to commit that Rogue to the house of Correction, or otherwise to the gaole of the County, there to remaine vntill their next quarter Sessi­ons to be holden in that County, and then such of the same Rogues so committed, as by the Iustices of the Peace then and there present, or the most part of them, shall be thought fit not to bee deliuered, shall and may lawfully by the same Iustices or the most part of them, be banished out of this Realme, and all other the Dominions thereof, and [Page]at the charges of that Countrey, shall be conueyed vnto such parts beyond the Seas as shall be at any time hereaf­ter for that purpose assigned by the priuy Councell vnto her Maiestie, her heires or successors, or by any sixe or more of them, whereof the L. Chancellor, or L. Keeper of the great Seale, or the L. Treasurer for the time being to bee one, Or otherwise be iudged perpetually to the Galleis of this Realme, as by the same Iustices or the most part of them it shall be thought fit and expedient. And if any such Rogue so banished as aforesaid shall returne againe in­to any part of this Realme or dominion of Wales, without lawfull licence or warrant so to doe, that in euery such case, such offence shall be felony, and the partie offending therein suffer death as in case of f [...]lony: The said felony to be heard and determined in that County of this Realme or Wales, in which the offendor shall be apprehended.

And be it also enacted by the authority aforesaid, that if any towne, parish, or village, the Constable, Headborough or Tithingman be negligent and do not his or their best endeuours for the apprehension of such Vagabond, Rogue, or sturdy Begger, which there shall be found contrary to the forme of this pres [...]nt Acte, and to cause euery of them to be punished and conueyed according to the true meaning of this present Acte, that then the said Constable, Head­borough, or Tithingman, in whome such default shall be, shall lose and forfeit for euery such default x s And also if a­ny person or persons doe in any wi [...]e disturbe or let the execution of this law or any part thereof, concerning the pu­nishment or conueying of Rogues, Vagabonds, sturdy Beggers, or the reliefe or setling of poore impotent persons in any maner of wise or make rescusse against any officer or person authorized by this pres [...]nt Acte for the due exe­cution of any the pr [...]misses, the same person so offending, shal forfeit and lose for euery such offence the summe of v. li. and shall be bound to the good behauiour.

And be it also further enacted by the authoritie aforesaid, that no person or persons hauing charge in any voyage, in passing from the Realms of Ireland or Scotland, or from the Isle of Man into this Realm of England, do wit­tingly or willingly bring or conuey, or suff [...]r to be brought or conueyed in any vessell or Boate, from and out of the said Realme of Ireland, Scotland, or Isle of Man, into the Realme of England or Wales, or any part thereof, any Vagabond, Rogue, or Begger, or any such as shall be forced or very like to liue by begging within the Realme of England or Wales, being borne in the same Realmes or Island, on paine of euery such person so offending, to for­feit and lose for euery such Vagabond, Rogue, Begger, or other person like to liue by begging xx. s. to the vse of the poore of the said parish in which they were set on land. And if any such Mannisk, Scottish, or Irish Rogue, Vaga­bond, or Begger, be already, or shall at any time hereafter be set on land, or shall come into any part of England or Wales, the same after he or she shall be punished as aforesaid, shall be conueyed to the next port or parish in or neere which they were landed or first came, in such sort as Rogues are appointed to be by this present Acte, and from thence to be transported at the common charge of the Countrey where they were set on land, into those parts from whence they came or were brought. And that euery Constable, Headborough and Tithingman neglecting the due performance thereof, shall forfeit for euery such offence x. s.

Be it further enacted by the authoritie aforesaid, that no diseased or impotent poore person shall at any time resort or repaire from their dwelling places to the Cittie of Bath, or towne of Buxton, or either of them to the Bathes there for the ease of their griefs, vnlesse such person do so, beare to begge, and be licensed to passe thither by two Iu­stices of the Peace, of the County where such person doth or shall then dwell or remaine, and prouided for to trauail with such reliefe, for and towards his or her maintenance, as shall be necessary for the same person, for the time of such his or her trauell, and abode at the Citie of Bath and towne of Buxton, or either of them, and returne thence, and shall returne home againe as shall be limitted by the said licence, vpon paine to be reputed, punished, and vsed as Rogues, Vagabonds, and sturdy Beggers declared by this present Acte. And that the inhabitants of the same Citie of Bath, and town of Buxton, shall not in any wise be charged by this Acte, with the finding or reliefe of any such poore people.

Prouided alwayes that the Iustices of Peace within any County of this Realme or Wales, shall not intromit or enter into any Citty, borough, or townes corporate, where be any Iustice or Iustices of the Peace for any such Cittie, borough or towne corporate for the execution of any branch, article or sentence of this Acte, for or concerning any offence, matter or cause growing or arising within the Precincts, liberties, or iurisdictions of such Citie, bo­rough, or townes corporate, But that it may and shall be lawfull to the Iustice and Iustices of the Peace, May­ors, Bayliffes, and other head Officers of those Citties, Boroughes, and Townes corporate, where there be such Iustices of the Peace to proceed to the execution of this Act, within the Precinct and compas of their liberties in such manner and forme as the Iustices of Peace, in any County may or ought to doe within the same County, by vertue of this Act, Any thing in this Acte to the contrary thereof notwithstanding.

Prouided alwayes that this Act, or any thing therein contained, shall not extend, to the poore people for the time being, in the Hospitall, called S. Thomas Hospitall, otherwise called the Kinges Hospitall, in the Borough of Southwarke, neare adioyning to the Citie of London, but that the Mayor, comminaltie and Cittizens of the said Cittie of London for the time being, shall and may haue the rule, order and gouernment of the said Hospitall, and of the poore people therein for the time being, any thing in this Acte to the contrary notwithstanding.

Prouided alwayes that this Acte, or any thing therein contayned, or any authority thereby giuen, shall not in any wise extend to dishenherite, preiudice or hinder Iohn Dutton of Dutton, in the County of Chester Esquier, his heires or assignes, for, touching or concerning any libertie, preheminence, authority, iurisdiction or inheritance, which the said Iohn Dutton now lawfully vseth, or hath, or lawfully may or ought to vse within the County Palā ­tine of Chester, and the County of the Cittie of Chester, or eyther of them, by reason of any auncient Charters of a­ny Kinges of this land, or by reason of any prescription, vsage or title whatsoeuer.

And be it further enacted by the authority aforesaid, that all fines and forfeytures appointed, or to grow by this present Act, (except such as are otherwise limited and apointed by this present Act) shal wholy go and be imployed to the vse of the reparations, and maintenance of the said houses of Correction, and stock and store therof, or reliefe of the poore, where the offence shall be committed at the discretion of the Iustices of the Peace of the same limit, cittie, borough or towne corporate: And that all fines and forfeytures appointed or to grow by conuiction of any person according to this present Act, shall by warrant vnder the handes and seales of any two or more of the Iu­stices of the Peace of the same County, citty, borough or town corporate, be leuied by distresse, and sale of the goods and chattels of the offendor, which sale shall be good in the Law against such offendor, And that if any of the saide offences shall be confessed by the offendor, or that the same shall be proued by two sufficient and lawfull witnesses, [Page]before such two or more Iustices of the Peace, That then euery such person shal forthwith stand and b [...]e in the Law conuicted thereof.

And be it also further enacted by the authoritie aforesaid, that any two or more Iustices of the Peace within all the said seuerall Shires, citties, boroughes or townes corporate, whereof one to be of the Quorum, shall haue full power by authority of this present Acte, to heare and determine all causes that shall grow or come in question, by reason of this Acte.

And be it also further enacted by the authority aforesaid, that the Lord Chancellor or Keeper of the great seale of England for the time being, shall and may at all times hereafter by vertue of this present Act, without further warrant make and direct Commission or Commissions vnder the great seale of England, to any person or persons giuing them or some of them thereby authority, aswell by the oathes of good and lawfull men, as of witnesses, or examination of parties, or by any other lawfull wayes or meanes whatsoeuer, to enquire what summes of mo­ney or other thinges, haue beene or shall be collected or gathered for, or towardes the erection of any houses of cor­rection, or any stockes, or other thinges to set poore on worke, or for the maintenance thereof at any time, after the se­uenteenth day of Nouember, in the eighteenth yeare of the raigne of the Queenes most excellent Maiesty, and by whome the same were or shalbe collected or gathered, and to whose handes commen, and to what vse, and by whose direction the same was or shalbe imployed. And to call all and euery such person and persons, and their sureties, and euery of their executors or administrators to an account: And to compell them and euery of them by attachment of their goods or bodies to appeare before them for the same, and to heare and determine the same, and to leuie such money and thinges as they shall find not to haue beene duely imployed vpon the saide houses of correc­tion, or stocks, or vpon other like vses, hauing in such other like vses respect of things past by the said Commissioners to be allowed of, eyther by distresse, and sale of the goodes and chattels of such persons, as they shall thinke fit to be chargeable or aunswerable for the same, or by imprisonment of their bodies at their discretion: And that the said Commissioners shall haue full power and authority to execute the same Commission, according to the tenor and purport thereof: And that all their proceedinges, doinges, iudgements, and executions by force and authority thereof, shall be and remaine good and auaileable in the Law: which said money so leuied by the said Commissio­ners, shall be deliuered and imployed for the erecting or maintenance of the same.

Prouided alwayes neuerthelesse that euery Sea-faring man suffering shipwracke, not hauing wherewith to relieue himselfe in his trauels homewardes, but hauing a testimoniall vnder the hand of some one Iustice of the Peace, of, or neare the place where he landed, setting downe therein the place and time where and when he landed, and the place of the parties, dwelling, or birth, vnto which he is to passe, and a conuenient time therein to be limited for his passage, shall and may without incurring the danger and penaltie of this Acte in the vsuall wayes, directly to the place, vnto which he is directed to passe, and within the time in such his testimoniall limited for his passage, aske and receiue such reliefe as shall be necessarie, in, and for his passage.

Prouided also, that this statute, nor any thing therein contained, shall extend to any children vnder the age of seuen yeares, nor to any such Glassemen, as shall be of good behauiour, and do trauaile in, or through any Country without begging, hauing licence for their trauelling vnder the handes and seales of three Iustices of the Peace of the [...] County where the [...] trauell, whereof one to be of the Quorum.

And be it also further enacted by the authority aforesaid, that this pre [...]ent Act shall bee proclaimed in the next quarter Session or Sessions in euerie County, and in such other market Townes or places, as by the more part of the Iustices of the Peace in the said Sessions shall be agreede and appointed. This Acte to endure to the end of the first Session of the next Parliament.

FINIS.

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