ANNO QVINTO REGINAE ELIZABETHE. At the Parliament holden at Westmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our Soueraigne Lady, Elizabeth by the grace of God, of England, Fraunce, and Irelande, Quene, defendour of the fayth. &c. To the hygh pleasure of Almyghtye God, and the weale publique of this Realme, were enacted as fo­loweth. ANNO. 1563.

The Table,

  • AN Act for thassuraunce of the Quenes Maiesties royal power ouer all states and subiectes within her hyghnes dominions. Cap. i.
  • An Acte for the mayntenaunce & encrease of Tyllage. Cap. ii.
  • An Acte for the reliefe of the poore. Cap. iii.
  • An Act touchyng diuers orders for Artificers, Labourers, Ser­uauntes of husbandry, and apprentises. Cap. iiii.
  • An acte touchyng certayne politique constitutions, made for the mayntenaunce of the Nauye. Cap. v.
  • An acte agaynste suche as shall sell any ware for Apparell without redye mo­ney. Cap. vi.
  • An acte for the auoydyng of diuers forreyne wares, made by handy craftes men beyonde the seas. Cap. vii.
  • An acte touchyng Tanners, Curryours, Shoemakers, and other Artificers occupying the cuttyng of Leather. Cap. viii.
  • An acte for the punyshment of such persons as shal procure or commit any wyl­full periury. Cap. ix.
  • An acte to reuyue a Statute made Anno .xxi.H.viii. touchyng seruauntes em­beaselyng theyr masters goodes. Cap. x.
  • An act against the clipping, washing, rounding, or fylyng of the coynes. Ca. xi
  • An act touchyng badgers of corne, & drouers of cattell to be licensed. Cap. xii.
  • An act for the reuyuyng of a Statute, made An. ii. & .iii. Phil. & Marie. for the amendyng of hygh wayes. Cap. xiii.
  • An act agaynst the forgyng of Euidences and wrytynges. Cap. xiiii.
  • An act agaynst fonde and phantasticall prophesies. Cap. xv.
  • An act agaynst coniurations, enchauntmentes, & witchcraftes. Cap. xvi.
  • An act for the punyshment of the vyce of Bogorye. Cap. xvii.
  • An act declaryng thauctoritie of the Lord keper of the great Seale of England and the Lorde Chauncelour, to be one. Cap. xviii.
  • An acte for the repeale of a braunche of a Statute, made. An. i. Ed. vi. touching the conueying of Horses & Geldynges out of the Realme. Cap. xix.
  • An act for the punyshment of vagaboundes, callyng them selues Egipti­ans. Cap. xx.
  • An acte for the punyshement of vnlawefull takyng of Fyshe, Deare, or Hawkes. Cap. xxi.
  • An act agaynst the carrying of Shepe skinnes and Peltes ouer the Sea, not be­yng Staple ware. Cap. xxii.
  • An act for the due execution of the wrytt de excōmunicato capiendo. Cap. xxiii.
  • An act for the reuyuyng of a Statute, made An. xxiii.H.viii. touchyng the re­payryng of Gaoles. Cap. xxiiii.
  • An act to fyll vp Iuries de circumstantibus, lackyng in Wales. Cap. xxv.
  • An act for the enrollment of Indentures of bargayne and sale, in the Quenes Maiesties courtes of Recorde at Lancaster, Chester, & Durham. Cap. xxvi
  • An act touchyng fines to be leuied in the coūtie palatine of Durham. Cap. xxvii
  • An act for the translating of the Byble and the diuine seruice into the Welshe tongue. Cap. xxviii.
  • An act for the confirmation of a Subsedy graunted by the Clergy. Cap. xxix.
  • An act of a Subsedye and two Fystenes and Tenthes, graunted by the Tem­poraltie. Cap. xxx.
  • An act of the Quenes Maiesties moste gracious generall and free pardon. Cap. xxxi.

¶ An Acte for thassuraunce of the Quenes Maiesties royall power ouer all states and subiectes within her high­nesse dominions.

FOr preseruation of the Queenes most excellent hyghnes, her heyres, and successours, and the dignitie of the imperial crowne of this Realme of England, and for auoydyng both of such hurtes, perils, dishonors, and inconueniences as haue before time befallen, aswell to the Quenes Ma­iesties noble progenitours, Kynges of this Realme, as for the whole estate thereof, by meanes of the iu­risdiction and power of the See of Rome, vniustly claymed and vsurped, within this Realme, and the dominions therof, and also of the daungers by the fawters of the sayde vsurped power, at this tyme growen to maruelous outrage and licentious boldnes, and now requyryng more sharpe restraynt and correction of lawes, then hytherto in the tyme of the Quenes Maiesties moste mylde and mercifull reigne haue ben had, vsed, or establyshed:

Be it therefore enacted, ordeyned, and establyshed, by the Quene our soueraigne Lady, and the Lordes spirituall and tem­porall, and the commons in this present Parliament assembled, and by aucthoritie of the same, that if any person or persons, dwel­lyng, inhabityng, or resiant within this Realme, or within any other the Quenes dominions, seignories, or coūtreys, or the Mar­ches of the same, or els where, within or vnder her obeysaunce and power, of what estate, dignitie, preeminence, order, degree, or condi­tion soeuer he or they be, after the first day of Apryll, which shalbe in the yere of our Lorde God. M.D.lxiii. shall by wryryng, ciphe­ring, printing, preaching, or teachyng, dede or acte, aduisedly & wit­tyngly, holde or stande with, to extoll, set forth, maintayne, or de­fende, the aucthoritie, iurisdiction, or power of the Byshoppe of Rome, or of his See, heretofore claymed, vsed, or vsurped within this Realme, or in any dominion or countrey, beyng of, within, or vnder the Quenes power or obeysaunce, or by any speache, open dede, or acte, aduisedly and wyttyngly attribute any such maner [Page] of iurisdictiō, aucthoritie, or preeminence to the said See of Rome, or to any Bishop of the same See for the tyme beyng, within this Realme, or in any the Quenes dominions or countreys: that then euery such persō or persons so doing or offendyng, their abettours, procurers and counsellours, and also theyr aydours, assistentes, and comfortours, vpon purpose & to thintent to set forth, further, and extoll, the sayde vsurped power, aucthoritie or iurisdiction of any of the saide Bishop or Bishops of Rome, and euery of them, be­ing therof lawfully indited or presented within one yere next after any suche offences by hym or them committed, and beyng lawfully conuicted or attaynted at any tyme after, accordyng to the lawes of this Realme, for euery such default and offence, shall incurre in­to the daungers, penalties, paynes, and forfaitures, ordeyned and prouided by the Statute of prouision and premunire, made in the xvi. yere of the reigne of kyng Richard the seconde.

And it is also enacted by thaucthoritie aforesayde, that aswell Iustices of Assise in theyr circuites, as Iustices of peace within the limittes of their Cōmission & aucthorities, or two of euery such Iu­stices of peace at the least, wherof one to be of the Quorū, shal haue full power & aucthoritie by vertue of this Acte, in theyr quarter or open sessions, to enquire of all offences, contemptes, & transgressi­ons perpetrated, cōmitted, or done, contrary to the true meanyng of the premisses, in like maner and fourme as they may of other of­fences agaynst the Quenes peace, and shall certifie euery present­ment afore them or any of them, had or made, concernyng the same or any part therof, before the Quene, her heyres, and successours, in her or theyr court commonly called the kynges Bench, within. xl. dayes next after any such presentment had or made, yf the Terme be then open, & yf not, at the first day of the full Terme next folow­yng the sayde .xl. dayes, vpon payne that euery of the Iusticiers of Assise, or Iusticiers of the peace, before whom suche presentment shalbe made, makyng default of suche certificat contrary to this Statute, to lose and forfait for euery suche default one hundreth poundes to the Quenes hyghnes, her heyres, and successours.

AND it is enacted by the aucthoritie aforesayd, that the Iusti­ces of the kynges Benche, aswell vpon euery such certificat, as by enquirie before them selues, within the limittes of theyr aucthori­ties, shall haue full power and aucthoritie to heare, order, and de­termine euery such offence, done or committed contrary to the true meanynge of this present Acte, accordynge to the lawes of this Realme, in such lyke maner and fourme to all intentes and purpo­ses, as yf the person or persons agaynste whom any presentment shalbe had vpon this estatute, had ben presented vpon any matter [Page 3] or offence expressed in the sayde estatute, made in the sayd .xvi. yere of kyng Richarde the seconde.

And moreouer, be it enacted by the auctoritie aforesayde, that aswell all maner of persons, expressed and appoynted, in, and by the Act made in the first yere of the Quenes Maiesties reigne that nowe is, intituled (an Acte restoryng to the Crowne the auncient iurisdiction ouer the estate Ecclesiasticall & Spirituall, and abo­lyshyng all forreyne powers repugnaunt to the same) to take the othe expressed and set forth in the same, as all other persons which haue taken or shall take orders, commonly called ordines Sacros, or Ec­clesiasticall orders, haue ben or shalbe promoted, preferred, or ad­mitted to any degree of learnyng, in any vniuersitie within this Realme, or dominions to the same belongyng, and all Scolema­sters, and publike and priuate teachers of chyldren, as also all ma­ner of person and persons, that haue taken, or hereafter shall take any degree of learnyng, in, or at the cōmon lawes of this Realme, aswell Vtterbarresters, as Benchers, Reders, Auncientes in any house or houses of Court, and all principall treasorers, and suche as be of the graunde company in euery Inne of Chauncery, and al Atturneys, Prothonotaries, and Philizers towardes the lawes of this Realme, and all maner of Sheriffes, Eschetours, and Feoda­ries, and all other person and persons which haue taken, or shall take vpon hym or them, or haue ben, or shalbe admitted to any mi­nistery or office, in, at, or belongyng to the common lawe, or any other lawe or lawes, or to, or for the execution of them, or anye of them, vsed or allowed, or at any tyme hereafter to be vsed or alow­ed within this Realme, or any of the dominions or countryes be­longing, or which hereafter shall happen to belong to the Crowne or dignitie of the same, and all other officers or ministers, of, or to­wardes any Court, whatsoeuer and euery of them: shall take and pronounce a corporal oth vpon the Euangelistes, before he or they shalbe admitted, alowed, or suffred to take vpon hym or them to vse, exercyse, supplye, or occupye any suche vocation, office, degree, ministery, roume, or seruice, as is aforesayde, and that in the open court whervnto he doth or shall serue or belong. And yf he or they do not or shall not serue or belong to any ordinary or open Courte, then he or they shall take and pronounce the othe aforesayde, in an open place before a conuenient assemble to witnesse the same, and before such person or persons as haue or shall haue aucthoritie by common vse or otherwyse, to admitte or call any suche person or persons as is aforesayde, to any such vocation, office, ministerye, roume or seruice: or els before suche person or persons, as by the Quenes hyghnes, her heyres, or successours, by Commission vnder [Page] the great Seale of England shalbe named or assigned, to accepte & take the same, accordyng to the tenour, effect, & fourme of the same othe, verbatim, which is, & as it is already set forth, to be taken in the foresaid Act made in the first yere of the Quenes Maiesties reigne.

And also be it enacted by the aucthoritie of this persent parlia­ment, that euery Archbishop and Bishop, within this Realme and dominions of the same, shall haue full power and aucthoritie by vertue of this Acte, to tender or minister the othe aforesaide, to eue­ry or any Spirituall or Ecclesiasticall person within theyr proper dioces, aswell in places and iurisdictions exempt, as els where.

And be it enacted by the aucthoritie aforesayde, that the Lorde Chauncellour or keper of the great Seale of England for the time beyng, shall and may at all tymes hereafter, by vertue of this Acte without further warraunt, make and direct Commission or Com­missions, vnder the great Seale of Englande, to any person or per­sons, geuyng them or some of them therby aucthoritie to tender & minister the othe aforesayde, to such person or persons as by the a­foresayde Commission or Commissions, the sayde Commissioners shalbe aucthorised to tender the same othe vnto.

And be it also further enacted by thaucthoritie of this presente Parliament, that yf any person or persons, appoynted or compel­lable by this Acte, or by the sayde Acte made in the sayde fyrste yere, to take the sayd othe, or yf any person or persons, to whom the said othe by any such Commission or Cōmissions, shalbe limitted and appoynted, to be tendred as is aforesayde, do or shall at the tyme of the sayde othe so tendred, refuse to take or pronounce the sayd othe, in maner and fourme aforesayde: that then the partie so refusyng, and beyng thereof lawfullye indited or presented, within one yere next after any such refusall, and conuicted or attainted at any time after, accordyng to the lawes of this Realme, shall suffer and in­curre the daungers, penalties, paynes, and forfaitures ordeined & prouided by the statute of prouision and premunire aforesaid, made in the .xvi. yere of the reigne of kyng Richarde the seconde.

And furthermore, be it enacted by thaucthoritie aforesaid, that all and euery such person and persons, hauyng aucthoritie to ten­der the othe aforesaid, shal within .xl. dayes next after such refusal or refusals of the sayde othe, if the Terme be then open, and if not, then at the first day of the full Terme next folowyng the sayde .xl. dayes, make true certificat vnder his or their seale or seales, of the names, places, & degrees of the person or persons so refusyng the same othe, before the Quene, her heyres, or successours, in her or theyr court commonly called the kinges Benche, vpon payne that euery of the said persons, hauing such auctoritie to tender the saide [Page 4] othe, making default of such certificat, shall for euery such default forfait .C.li. to the Quenes highnes, her heires, or successours. And that the Sheriffe of the countie, where the said court cōmonly cal­led the kinges Benche, shall for the time be holden, shall or may by vertue of this Act, empanel a Iury of the same countie, to enquire of, & vpon euery such refusall & refusals: which Iury shall or may, vpon euery such certificat & other euidence to them in that behalfe to be geuen by vertue of this Acte, proceade to endite the person & persons so offendyng, in such sort & degree, to all intentes & purpo­ses, as the same Iury may do of any offence or offences agaynst the Quenes Maiesties peace, perpetrated, cōmitted or done within the same Countie, of, & for the which the same Iury is so impanelled.

AND for stronger defence and maintenaunce of this Act: It is further ordeyned, enacted, & established by thaucthoritie aforesayd, that if any such offendour or offendours, as is aforesayd, of the first part or braunche of this estatute, that is to say, by wrytyng, cyphe­ryng, printing, preaching, or teaching, dede, or acte, aduisedly and wyttyngly, holde or stande with, to extoll, set forth, maintayne, or defend, the auctoritie, iurisdiction or power of the Bishop of Rome, or of his See, heretofore claymed, vsed, or vsurped, within this Realme, or in any dominion or countrye, being of, within, or vnder the Quenes power or obeysaunce: or by any speche, open dede, or acte, aduisedly & wyttyngly attribute any such maner of iurisdicti­on, auctoritie, or preeminence to the sayde See of Rome, or to any Bishop of the same See for the time being, within this Realme, or in any the Quenes dominions or coūtryes, or be to any such offen­dour or offendours, abettyng, procuryng, or counsellyng, or aydyng assistyng, or comfortyng, vpon purpose & to the intent to set forth, further, & extoll the said vsurped power, auctoritie, or iurisdiction, after such conuiction & attendour, as is aforesayd, do eftsones com­mit or do the sayde offences, or any of them, in maner and fourme aforesayd, and be therof duly conuicted & attainted, as is aforesaid, and also, that if any the persons aboue named, and appoynted by this Acte to take the othe aforesaide, do after the space of three mo­nethes next after the first tendour therof, the second tyme refuse to take & pronounce, or do not take or pronounce the same, in fourme aforesaid, to be tendered: that then euery such offendour and offen­dours, for the same second offence & offences, shall forfait, lose, and suffer such lyke, and the same paynes, forfaitures, iudgement, and execution, as is vsed in cases of hygh treason.

Prouided alwayes, that this Act nor any thyng therin conteined, nor any atteindour to be had by force & vertue of this Act, shall not extende to make any corruption of bloud, the disherytyng of anye heyre, forfaiture of dower, nor to the preiudice of the ryght or tytle [Page] of any person or persons, other then the ryght or tytle of the offen­dour or offendours, duryng his, her, or theyr naturall lyues only. And that it shall and may be lawfull to euery person and persons, to whom the ryght or interest of any landes, tenementes, or here­ditamentes, after the death of any suche offendour or offendours should or myght haue apperteyned, yf no such atteyndour had ben, to enter into the same without any Ouster le mayne to be sued, in such sort as he or they myght haue done if this Acte had neuer ben had ne made.

Prouided also, that the othe expressed in the saide Acte made in the sayde fyrst yere, shalbe taken and expounded in such fourme as is sette forth in an admonition annexed to the Quenes Maiesties Iniunctions, publyshed in the fyrste yere of her Maiesties reigne, that is to saye, to confesse and acknowledge in her Maiestie, her heyres and successours, none other auctoritie, then that was chal­lenged and lately vsed by the noble king Henry the eyght, and king Edwarde the sixt, as in the sayde Admonition more playnely may appeare.

And be it enacted by the auctoritie aforesayde, that this Acte shalbe openly read, and publyshed, and declared at euery quarter Sessions by the Clarke of the peace, and at euery Lete and Lawe­day by the Stewarde of the Court, and once in euery Terme in the open hall of euery house and houses of Court and Chauncery, at the tymes and by the persons thervnto to be limitted and appoyn­ted by the Lorde Chauncelour or keper of the great Seale for the tyme beyng.

And be it further enacted, that euery person, whiche hereafter shalbe elected or appoynted a Knyght, Citezin, or Burgesse, or Ba­ron for any of the fiue portes, for any Parliament or Parliamen­tes hereafter to be holden: shall from henceforth before he shal en­ter into the Parliament house, or haue any voyce there, openly re­ceaue and pronounce the sayde othe before the Lorde Steward for the tyme beyng, or his deputie or deputies for that tyme to be ap­poynted. And that he which shall enter into the Parliament house without takyng the sayde othe, shalbe demed no Knyght, Citezin, Burgesse, nor Baron for that Parliament, nor shall haue anye voyce: But shalbe to all intentes, constructions, and purposes, as yf he had neuer ben retourned nor elected Knyght, Citezin, Bur­gesse, or Baron for that Parliament, and shall suffer such paynes and penalties, as yf he had presumed to sytte in the same without election, retourne, or auctoritie.

Prouided alwaye, that forasmuch as the Quenes Maiestie is otherwyse sufficiently assured of the faith and loyaltie of the Tem­porall [Page 5] Lordes of her hygh court of Parliament: therfore this Act nor any thyng therin conteyned, shall not extende to compell any Temporall person, of, or aboue the degree of a Baron of this Realme, to take or pronounce the othe abouesayde, nor to incurre any penaltie limitted by this Acte, for not takyng or refusyng the same: Any thyng in this Acte to the contrary, in any wyse not­withstandyng.

Prouided, and be it enacted by the aucthoritie aforesayde, that charitable geuyng of reasonable almes to any of the offendour or offendours aboue specified, without fraude or couin, shall not be taken or interpreted to be any such abetment, procuryng, counsel­lyng, aydyng, assisting, or comfortyng, as therby the geuer of such almes shall incurre any payne, penaltie, or forfaiture appoynted in this Acte.

Prouided also, and be it enacted by thaucthoritie of this present Parliament, that yf any peere of this Realme, shall hereafter of­fende contrary to this Acte, or any braunch or article thereof, that in that and all such case & cases, they shalbe tryed by theyr peeres, in such maner and fourme as in other cases of treasons they haue vsed to be tryed, and by none other meanes.

Prouided also further & be it enacted, that no person shalbe com­pelled by vertue of this Acte to take the othe aboue mentioned, at or vpon the seconde tyme of offering of the same, accordyng to the fourme appointed by this statute, except the same person hath ben, is, or shalbe an ecclesiasticall person, that had, hath, or shal haue in the tyme of one of the reignes of the Quenes maiesties most noble father, brother, or syster, or in the time of the reigne of the Quenes Maiestie, her heyres or successours, charge, cure, or office in the Church, or such person or persons as had, hath, or hereafter shall haue any office or ministery in any Ecclesiasticall Court of this Realme, vnder any Archbishoppe, or Bishoppe, in any the tymes or reignes aforesayde: or such person or persons as shall wylfully re­fuse to obserue the orders & rites for diuine seruice, that be auctho­rised to be vsed & obserued in the Church of England, after that he or they shalbe publikely by the Ordinary or some of his officers for ecclesiasticall causes, admonished to kepe and obserue the same: or such as shall openly & aduisedly depraue by wordes, writinges, or any other open facte, any of the Rites & Ceremonies at any tyme vsed, & aucthorised to be vsed in the Church of Englande: or that shal say or heare the priuate Masse prohibited by the lawes of this Realme, and that all such persons shalbe compellable to take the othe vpon the seconde tender or offer of the same, and incurre the penalties for not takyng of the sayde othe, and none other.

[Page]AND forasmuch as it is doubtfull whether by the lawes of this Realme there be any punishment for suche as kyll or slea any per­son or persons attainted in or vpon a premunire: Be it therefore enacted by aucthoritie aforesaid, that it shall not be lawfull to any person or persons, to slea or kyll any person or persons in any ma­ner attaynted, or hereafter to be attaynted, of, in, or vpon any pre­munire, by pretence, reason, or aucthoritie of any iudgement geuen or hereafter to be geuen, in, or vpon the same, or by pretence, reason or force of any worde or wordes, thing or thinges conteyned or spe­cified in any statute or lawe of prouision & premunire, or in any of them: Any law or statute, or opinion, or exposition of any lawe or Statute to the contrary in any wyse notwithstandyng.

Sauyng alwayes the due execution of all and euery person and persons, attaynted or to be attaynted, for any offence wherevpon iudgement of death nowe is, or ought to be, or hereafter may law­fully be geuen by reason of this Statute or otherwyse: And sa­uyng alwayes all and euery such payne of death, or other hurte or punishment, as heretofore might without daunger of law be done vppon any person or persons that shall sende or bryng into this Realme, or any other the Quenes dominions, or within the same shall execute any summons, sentence, excommunication, or other proces, agaynst any person or persons, from the Byshop of Rome for the tyme beyng, or by and from the See of Rome, or thauctho­ritie or iurisdiction of the same See.

Prouided alwayes, and be it enacted by the aucthoritie afore­sayde, that no person or persons, shall hereafter be endyted for as­sisting, aydyng, mainteynyng, comfortyng or abettyng of any per­son or persons for any the said offences, in extollyng, settyng forth, or defending of the vsurped power and aucthoritie of the Bishop of Rome, vnlesse he or they be therof lawfully accused by suche good and sufficient testimony or profe, as by the Iurye by whom he shall so be endyted, shalbe thought good, lawfull, and sufficient to proue hym or them gylty of the sayde offences.

¶ An Act for the maintenaunce and encrease of Tyllage. The .ii. Chapter.

FOrasmuch as the Statute made in the fourth yere of the raigne of the late prince of worthy memorye Kyng Henry the seuenth, for the kepyng vp of hou­ses of husbandry, and one other Statute made in the .vii. yere of the raigne of the late Kyng of moste famous memory Kyng Henry the eyght, entituled [Page 6] an Acte to auoyde lettyng downe of Townes, and also one other Acte made in the .xxvii. yere of the reigne of the same late kyng Henry the eyght, entituled an Acte concerning the decay of hou­ses and inclosures, are very good and profytable lawes for the common wealth of this Realme.

It is therefore ordeyned and establyshed by the Quene our Soueraigne Ladye, with the assent of the Lordes Spirituall and Temporall, and the commons in this present Parliament assembled, and by the aucthoritie of the same, that the sayde Actes, and euery of them, and euery braunche and article in the same, and euery of them conteyned, shall from henceforth be put in due execution, and remayne and continue in force for e­uermore.

And also, where by an Acte made in the .xxvii. yere of the reigne of our sayde late Soueraigne Lorde Kynge Henry the eyght, whereby diuers & sundrye religious houses of Monkes, Channons, and Nunnes, whiche myght not dispende in landes, tenements, and hereditamentes aboue the clere yerely value of two hundreth poundes, were geuen to the sayde late Kynge Henry the eyght, his heyres, and successours for euer: It is among other thynges enacted and ordeyned, that all and singu­ler persons, and bodyes polytyke and corporate, to whom the sayde late kyng Henry the eyght, his heyres or successours, after the makynge of the same Acte, shoulde geue, graunt, lette, or demyse any Scite or precincte, with the houses thervppon buylded, together with the demeanes of any Monasteries, Pri­ories, or other religious houses, that shoulde be dissolued or geuen to the sayde late kyng Henry the eyght by that Acte, and the heyres, successours, or assignes of euery suche person, bodye polytyke and corporate, shoulde kepe or cause to be kepte an honest contynuall house and householde in the same Scite or precincte, and shoulde occupye or cause to be occupyed yere­lye, as much of the demeanes in ploughyng and tyllyng of hus­bandrye (that is to saye) as muche of the sayde demeanes whiche then were commonlye vsed to be kepte in tyllage by the Gouernours, Abbottes, or Pryours of the same houses, Mo­nasteries, or Priories, or by theyr fermour or fermours occu­pying the same, within the tyme of twentie yeres nexte before that Acte, vppon payne to forfayte to the kynges hyghnesse, for euery moneth so offendynge .vi. li. xiii. s. iiii. d. to be re­couered to his vse in anye of his Courtes of Recorde. And ouer that, by the same Statute it is enacted, that all Iustices [Page] of peace in euery Shyre where any suche offence should be com­mitted and done, contrary to the true meanyng & intent of that Acte or statute, shoulde in euery quarter and generall Sessyons within the limittes of their Cōmission, enquire of the premisses, and shoulde haue full power and aucthoritie, to heare and de­termine the same, and to taxe and assesse no lesse fine for euery the sayde offences, then is before limitted for the sayde offence, and estreates therof to be made and certified into the Kyn­ges Exchequer, accordynge and at suche tyme and fourme, as other estreates of fynes, issues, and amerciamentes bee made by the same Iustyces, as by the same Acte more at large doth appeare. Whiche parte of the sayde Acte concernyng ke­pynge of house and householde in the sayde Scites and pre­cinctes, and occupying of such demeanes of the same in tyllage, as is aforesayde, then was, and yet is thought very benefici­all to the common wealth, and moste nedefull to be put in due execution.

BE IT therefore enacted by the aucthoritie aforesayde, that the sayde braunches and articles of the sayde estatute last aboue mentioned, made in the sayde .xxvii. yere of our sayde late Soueraigne Lorde Kynge Henrye the eyght, and euery penaltie and thyng touchyng the same, be also from henceforth put in due execution, and shall remayne and continue in theyr full force and vertue, accordyng to the good entente and meanyng of the same laste recited Statute: Any thyng in this present Acte to be hereafter conteyned to the contrary, notwith­standyng.

AND forasmuche as there haue ben sythens the ma­kynge of the sayde Statute, certayne other lawes and Sta­tutes made in the tyme of our late Soueraigne Lorde king Edwarde the syxte, and in the tyme of our late Soueraigne Kynge Phillip and Quene Mary, for the reedifying of decayed houses of husbandrye, and for the encrease of tyllage, whiche beyng in some partes thereof vnperfecte, and in some places to mylde and gentle, haue not brought to the decayed state of tyl­lage, and of houses of husbandrye, that longe loked for reme­dye, whiche was then hoped for: Be it therefore enacted by the aucthoritie aforesayde, that the sayde lawes and Statutes made in the tymes of the sayde late kyng Edwarde the syxt, and Kynge Phillip and Quene Marye, touchynge and concer­nynge the decaye of houses of husbandrye, and for the encrease of Tyllage, and euerye article and thynge in them and [Page 7] euery of them conteyned, shalbe form hencefoorth repelled and made voyde to all intentes and purposes.

And be it also further enacted and established by thauctho­ritie aforesayd, that from & after the feast of Thannunciation of our Lady, which shalbe in the yere of our Lord God, a thousand fiue hundred threscore and foure: all such landes and groundes, or so muche in quantitie as in any Towne, Village, Hamlette, Lordshyp, place knowen, or paryshe within the Realme of Eng­lande or Wales, haue bene eared, ploughed, and put in tyllage in any one yere, & so kept in tillage by the space of foure yeres, any time sithens the feast of S. George the Martir in the .xx. yere of the reigne of King Henry theight (other then the sayd demeanes of the sayd late Monasteries, Priories, and religious houses, ge­uen as is aboue rehearsed to the sayde late kynge Henry theight in the sayde .xxvii. yere of his reigne) shalbe eared, ploughed, vsed and kept in tillage, or caused to be eared, ploughed, vsed, and kept in tyllage for euer, accordynge to the nature of the soyle and cu­stome of the countrey, by the occupyer or occupiers therof, with­out fraude or collusion, vpon paine that euery offendour contra­ry to this Act, shal lose and forfayte yerely for euery acre ten shil­linges, which forfayture, shall go and be in maner and fourme folowynge. That is to say, to such person or persons as ben next in reuertion or remaynder therof, for tearme of lyfe, lyues, or in tayle, their executours or administratours. And that by thauc­thoritie of this Act, it shalbe lawfull for him or them to leuye the same penaltie and forfayture of .x.s. for euery acre by distres, and to iustifie or make their aduouries or cognisaunces for the same, in such maner and fourme, as any person or persons may do for rentes reserued vpon estate or estates made for tearme of yeares, of any landes or tenementes, or otherwyse, shall and may sue for the same penaltie and forfayture by action of debt, byll, playnt, or information in any Court of recorde of the Quene our soue­raigne Lady, her heires or successours, wherin no wager of law, essoygne or protection, shalbe allowed or admitted for the partie defendant. And if they, or any of them do not distrayne, or other­wise clayme or demaunde the sayde penaltie and forfayture by any the wayes or meanes aforesayde, within the space of one whole yere next after the offence done in fourme aforesayde, and pursue for the same with effect, without fraude or couyn, and do not recouer (and myght haue recouered the same) with suche spede as maye be by the due order of the lawe: That then after such default, it shalbe lawefull for him or them to whom the re­uertion or remaynder of the fee symple of the sayde landes shall [Page] appertayne, their executours or administratours to distrayne, auowe, or make cognisaunce, and iustifie, or otherwise to sue for the sayd forfayture and paynes in fourme aforesayd, at any time within one yere next ensuynge any suche default. And in his or their default, the sayde penaltie or forfayture, to go and be to the immediate Lorde or Lordes of the fee or fees, of whom the sayde landes ben holden, to be recouered in maner and fourme afore­sayde, so that he or they do take and sue for hys or theyr remedie therin, within one yere next ensuinge any suche default, in ma­ner and fourme aforesaide. And in his and theyr default, the said penaltie and forfayture to go and be to the Quenes highnes, her heyres, and successours, to be recouered by any of the meanes or remedyes aforesayd, at any tyme or tymes, at her or theyr wylles and pleasures, or otherwyse to any other person or persons that wyll sue, aswell for the Quenes Maiestie, her heyres, and succes­sours, as for him or them selues for the same paynes and forfay­tures, vppon whiche suite, the one moytie shalbe and go to the Quenes Maiestie, her heyres or successours: and the other, to him or them that so wyll sue for the same, by action of debte, byll, playnt, or information, in any of the Quenes Courtes of record, wherin no essoyne, protection, or wager of lawe, shalbe admitted or allowed for the partie defendaunt.

AND be it further enacted by thaucthoritie aforesayde, that yf any person or persons, beynge an occupier and owner of any suche landes and groundes as is aforesayde, of any estate of inheritaunce, shall offende agaynst the fourme of thys Act: That then the sayde penaltie and forfayture, shall goe and be to the next immediate Lorde, or Lordes of the fee or fees thereof, his or theyr executours or administratours, to bee recouered by suche wayes and meanes, as before is limitted & appoynted, so that he or they do pursue and take theyr remedye for the same in fourme aforesayd, within one yeare next after suche offence committed. And yf any suche occupier and owner, shalbe a Coppyholder, or a customary tenaunt, that then the saide penaltie or forfayture, to go and be to the Lorde or Lordes of the manour, of whom the same Coppye or customary tenementes bene holden, theyr execu­tours or administratours, so that he or they do pursue and take theyr remedy for the same, in such maner and fourme, and with­in the time last before limitted. And in euery suche default of the saide Lord or Lordes of the fee or fees, and of the Lord or Lordes of the sayde manour or manours as is aforesayde, or of anye of them, the sayde penalties and forfaytures to go and bee to the Quenes Maiestie, her heyres and successours, or to suche other [Page 8] person or persons as wyll sue for the same, aswell for the Quene, her heyres or successours, as for him or them selues, in such maner and fourme, as before is declared. In euery whiche suite, none es­soygne, protection, or wager of lawe, shalbe admitted or allowed for the partie defendaunt.

Prouided alwayes, & be it further enacted by thaucthoritie afore­sayd, that this Act or any thynge therin conteyned, shal not be pre­iudiciall, ne shall extende to charge any person or persons, that hath or shall turne any grounde from tillage to pasture, and shall kepe such grounde in pasture hole and not conuerted to tyllage, for the onely maintenaunce and kepinge of his or their owne Horses, Geldinges, Mares, or draught Oxen, or for the mayntenaunce or kepynge of kyne or other cattell, for the onely victuelles to be spent in hys or their owne houses, so that the same person or persons hath, or shall not haue in his or their possession, occupation, or dis­position, other sufficient pasture grounde for that purpose, within v. myles of his or their mansion house.

Prouyded also, and be it enacted by the aucthoritie aforesayde, that no person or persons, that shal commonly feede and sell yerely beefes or muttons, to a greater number then he or they shall yere­ly spende in victuel, in his or their owne mansion house or houses, or that shalbe a cōmon fatter of beefes or muttons, or any of them, as a common grasier or shepemaster, to be commonly solde in mar­kettes and fayres, or to cōmon Butchers, shalbe taken, expounded, or vnderstande to be suche person or persons, as by this prouiso last aboue mentioned, may kepe any grounde or pasture hole, and not conuerted to tyllage for the maintenaunce and kepinge of kyne or other cattell, for the onely victuell to be spent in his or their owne houses, but ben & shalbe excepted out of ye same prouiso: Any thyng in the same prouiso conteyned to the contrary notwithstandinge.

Prouided also, and be it lykewyse enacted by the aucthoritie aforesayde, that this Acte or any thyng therin conteyned, shall not extende vnto any lawfull Parke or Parkes, or auncient warrens nowe vsed with Deare or Connyes, or to any Parke or Parkes heretofore lawefully vsed as Parkes, and beyng nowe disparked, or to any other groūdes that heretofore haue ben by any her high­nes progenitours, or hereafter shall fortune to be made parkes or warrens by license of our soueraigne Lady the Quene, her heires or successours, with sufficient clause of dispensation for conuerting of tyllage into pasture, and ben or shalbe layed, bestowed and im­ployed to the maintenaunce and kepynge of Deare or Connyes, without fraude or couyn, and not to the feedynge or kepynge of any other cattell or beastes, but onelye mylche kyne for hym or [Page] them selues, or his or their keper of such Parke or Warren, for the prouision of his or theyr house or houses, or for the kepyng of his or theyr horses, geldynges, mares, coltes, or swyne, ne shall extende to anye waste groundes, commons, heathes, downes, fennes, moores, commonly vsed as common, nor to any heathes, fennes, moores, maryshes, beyng nowe vsed in seueraltie, and not com­monly vsed to be sowen and put in tyllage sence the sayde feast of Saint George, in the sayd twentie yere of the reigne of kyng Hen­rye the .viii. nor to any freshe marshes being surrounded with wa­ter within the space of sixe yeres next before the fyrste daye of this present Parliament, nor to any Orchard, Garden, Poole, or pond­yarde, nor to any grounde sette or sowen with Saffron, Hoppes, Garlyke, Onyons, Flaxe, Ode, or Madder, or being without fraude or guyle sowen with Acornes, or sette with anye kynde of yonge woods, nor to any wood groundes which be not stubbed, or wher­in the wood hath ben felled, or hereafter shalbe felled, & the rotes and stubbes therof yet remaynyng vndygged vp, nor any medowes or other groundes without fraude or couyn, accustomably vsed to be mowen for Haye once in the yere at the least, duryng such tyme as all and euery the same shalbe vsed or put to the vses & intentes before specified: Any thyng in this Acte conteyned to the contrary notwithstandyng. And where in the sayde first prouiso it is men­cioned that this Act or any thing therin conteyned shal not extend or be preiudicial to any person or persons for keping of any ground in pasture or medowe for the only mayntenaunce or kepyng of his or theyr owne horses, mares, geldynges, or draught oxen, or for the maintenaunce or kepyng of kyne or other cattell for the onely pro­uision or victuellyng of his or theyr mansion, or dwellyng house or houses: Be it declared and enacted by thauctoritie aforesayd, that yf it shall fortune any such person or persons to be absent, and not resident, at, or vpon his or theyr vsuall mansion or dwellyng house or houses, with his familie or household, for and by occasion of ser­uice or attendaūce to be done by any such person or persons, by the expresse commaundement of the Quenes Maiestie, her heyres, or successours, within the Realme or without, or els hauyng two or three mansion or dwellyng houses, and shalbe resident and dwel­lyng with his familie but at one of them, or shalbe within age: That then duryng and for the tyme of suche seruice, attendaunce, minoritie, and absence (and one yere next after) from any his said dwellyng houses, or duryng and for the time that he or they shalbe resident & dwellyng with his familie, but at or vpon one of them, shall and may kepe such groundes in pasture or medowe, belong­yng or vsually occupyed with any of the sayde two or three houses, [Page 9] and with no mo nor others, in his or theyr owne handes or occu­pation, or let it out to any other person or persons, without in­curryng of any danger or forfaiture by vertue of this Acte, so that the same person or persons, shal and do kepe the same mansion and dwellyng house or houses vnletten, and in good and sufficient re­parations, and mete and conuenient for hym or them to repayre and resort vnto at all tymes for his or theyr dwellyng and abode: Any thyng in the sayde prouiso, or in any part of this Acte, to the contrary therof in any wyse notwithstandyng.

Prouided alwayes, and be it further enacted by the aucthori­tie aforesayde, that the repeale of any Acte or Statute nowe repel­led by this present Acte, nor any other matter or thyng herein con­teyned, shall in any wyse extende, or be interpreted, iudged, or ex­pounded, to hynder, hurte, or take away any suite, information or informations exhibited, and nowe depending in the Quenes Ma­iesties court of Exchequer, or in any other court of Recorde, for, or in any wyse concernyng the decaye of any houses or tenementes of husbandry, or for the conuerting of any landes or tenements from tyllage into pasture, contrary to the fourme and effect of any Sta­tute or Statutes heretofore made: But that all and euery suche suites and informations, shall stande, remayne, and be of as good force and effecte in the law, to all intentes, constructions, and pur­poses, as the same and euery of them were before the makyng of this Acte. And that the sayde Actes and Statutes nowe by this present Acte repelled, shall for and in respect only of the sayde in­formations and suites, and euery of them so nowe dependynge, stande, remayne, and be in such lyke force and effecte, as they and euery of them were before the makyng of this Acte: Any thyng herein conteyned to the contrary therof, notwithstandyng.

And where as some doubt and question, hath heretofore rysen and ben moued, vpon certayne wordes conteyned in the sayd Sta­tute, made in the sayde fourth yere of the reigne of the late Kyng Henry the seuenth, that is to saye, vppon these wordes: house or houses letten to ferme, with .xx. acres of lande at least, or more, lying in tyllage and husbandrye: whether the same .xx. acres of lande or more, shoulde be accompted and taken to be all earable lande, and wholly put in tyllage or not, and also what quantitie and measure euery acre shoulde be of, and conteyne.

For a playne and perfecte declaration and interpretation wher­of: Be it enacted and declared by thaucthoritie of this present par­liament, that the sayde Statute is, and shalbe expounded and ta­ken, to extende to house or houses, that nowe haue, or hath, or at any tyme heretofore sythens the fyrst yere of the reigne of the sayde [Page] late kyng Henry the .vii. haue or hath had, or that hereafter shall haue .xx. acres of grounde to the same house or houses lying or be­longyng, or with the same commonly occupyed or vsed, although the same grounde hath not ben, is, or shalbe all whollye vsed as earable lande and put in tyllage, but onely some part therof, and that the content of euery acre, shalbe taken and rated after the rate and measure limitted and appoynted in the ordinaunce or treatise De terris mensurandis: Any ambiguitie, doute, or thyng, whatsoeuer to the contrary therof, notwithstandyng.

Prouided alwayes, and be it further enacted by the aucthoritie aforesayde, that yf any person or persons hath, or at any tyme here­after shall sustayne any penaltie, forfaiture, or losse, for or by reason of any offence cōmitted or done contrary to the tenour or effecte of this Act, or any other of the Actes before recited & confirmed: that then he or they shall not be eftsones sued, vexed, or impeched for the same offence: Any thyng in this Acte, or in any other of the Actes aforesaide, had or made to the contrary therof, notwithstandyng.

And to thintent that the offendour of this Act, or of any the Actes before specified, & by this Act confirmed, & thoffences cōmitted and done against any of the same, may be the better knowen, & that the more due executiō therof may be had: Be it enacted by thaucthori­tie aforesaid, that the Lord Chaūcellour, or Lord keper of the great Seale of England for the tyme beyng, shal haue full power & auc­toritie by vertue of this Act; from time to time to awarde & direct a Cōmission or Cōmissions vnder the great Seale of Englande, into euery shire or countie within this Realme & Wales, to such persōs, as by his wisdome & discression shal be thought most mete & conue­nient, aucthorising them, or foure of thē at the least, by vertue ther­of, & of this Act, to enquire & search out within euery Towne, Vyl­lage, Parishe, & Hamlet within their Cōmission, by the othes of .vi. lawful & indifferent persons, or otherwyse, according to their good discressions, of the offences cōmitted or done against this Statute, or any other the Statutes before mentioned, & by this Acte confir­med, & whether any person or persons to whom any penaltie or for­faiture is geuē, limitted, or appoynted by the same, or any of them, haue taken the benefite or aduantage of the sayde forfaitures and paynes, or not, according to the same lawes and statutes. And that within three monethes next after euery such enquitie and search, the said Cōmissioners, or foure of them at the least, shal make certi­ficat therof, and of their doinges by vertue of the saide Cōmission, vnder their handes and seales, into the high Court of Chauncery, vpon payne of forfaiture of euery such Cōmissioner .xx.li. sterlyng to the Quenes Maiestie, her heyres, and successours. And that the [Page 10] same Cōmissioners, or two of them at the least, shall haue aucthori­tie & power by vertue of this act, to direct their precept to the She­riffes of the countie, being within the limittes of their Cōmission, to warne as many honest men of his Baylywyke, as the said Com­missioners shal appoynt, by whom the trueth in the premisses may be best knowen, to enquire, and true presentment make, of all and euery offences cōmitted or done contrary to the sayde Actes, or any of them, and to set such reasonable fines and amerciamentes vpon such persons as shal make default of their apparaunces, or making theyr apparaunces, shall neglect to do their dueties in & about the execution of the premisses, as to the same Cōmissioners or foure of them, shalbe by their discressions thought mete and conuenient, so that the same fines or amerciamentes for any one default, excede not the sūme of .xx.s. And that the same fines & amerciamentes so by them taxed & set, shalbe yerely well and truely estreated into the court of the Exchequer, & there to be leuied to the vse of our Soue­raigne Lady the Quene, her heires, & successours, as other fines & amerciaments haue ben there accustomed & vsed to be leuied. And that if the Sheriffe to whō such precept shalbe awarded, shalbe re­misse or negligēt in seruing of the precept, & returnyng of the same at the tyme & place appoynted & prefixed in the sayde precept: that then the said Cōmissioners or foure of them, shall for euery such de­fault, assesse & taxe vpon the sayde Sheriffe .x. li. and shall estreate the same into the sayde Courte of Exchequer, to be leuied to the Quenes Maiesties vse, her heyres, & successours, as is aforesayde.

Prouided alwayes, and be it enacted by thaucthoritie aforesaid, that it shal not be lawful to any Sheriffe, vnder Sheriffe, or She­riffes deputie, to infringe or enter into any libertie or fraūches for thexecution of any such precept: But shall make his mandatum to the Baylyffe of the fraunches or libertie for thexecutyng & seruing of the same, and that the Baylyffe of euery such fraunches or liber­tie, shal serue & execute the said precept according to the tenor ther­of, in such like maner & fourme as the Sheriffe should or ought to haue done, if it had ben within his Baylywyke, vpon payne of for­faiture of .v.li. to be estreated and leuyed as is aforesaid.

Prouided also, & be it enacted by thaucthoritie aforesaid, that the puttyng of any landes or tenementes hereafter frō pasture to tyl­lage, accordyng to the tenor and effect of this Acte, shall not in any wyse extende to be any cause of breach or forfaiture of any bonde, couenaunt, payment, or conditiō made, or hereafter to be made be­twene any person or persons, bodies politike or corporate, whiche in any wyse is or shalbe repugnaunt or contrariaunt to this Acte.

Prouided alwayes and be it further enacted by the aucthoritie aforesayde, that this Acte or any thyng therin conteyned, shall not [Page] extend to geue any benefite, aduantage or libertie to any person or persons, which at any time sythens the sayd feast of S. George the Martir, hath conuerted or employed, or hereafter shall conuert or employ any more grounde to the kepyng of Connyes, not beyng lawfull warren, then fyue acres at the moste, and the same to be within one myle of his dwellyng house, and also not noysome or hurtfull to the corne of any person or persons, other then of the owner of the same grounde, so that he or they put and kepe in tyl­lage, as much or as many acres of his owne proper grounde, lying within the sayde Manour, Lordship, or Paryshe, as the sayde Co­nygree shall conteyne aboue the sayde numbre of fyue acres, that hath not heretofore ben liable to be continued in tyllage by force of any lawe or Statute: Any thyng in this Act before mentioned to the contrary therof, notwithstandyng.

And where also by the sayde estatute of Henry the .vii. the mea­ning of the makers therof appeareth to be, that euery house of hus­bandrye hauyng .xx. acres of lande or more, belongyng or lying therevnto, or with the same commonly occupyed, vsed, or demysed: the same .xx. acres or more, shoulde not be seuered or deuyded from the sayde house or houses, but shoulde be demysed, occupyed, or vsed together, for the better maintenaunce of euery suche house & hou­ses, and of tyllage and husbandry.

Be it therfore enacted and declared by aucthoritie of this pre­sent Parliament, that no person or persons whatsoeuer, hauyng or that hereafter shall haue any such houses or house of husbandry, with .xx. acres of lande or more, belongyng or lying therevnto, or with the same commonlye occupyed, vsed, or demysed: shall from and after the fyrst day of this present Parliament, seuer or deuide the sayde .xx. Acres of lande or more, nor any part therof, from any of the sayde house or houses, vnlesse the same be kept in tyllage, or otherwyse for the profyte of husbandry, accordyng to the nature of the ground, or according to the custome of the Manours where the same lande shall so be, vpon the paynes & forfaitures conteyned in the sayde estatute of Henry the .vii. to be taken in suche fourme as by the same statute appeareth, excepte he or they shall lay & assigne to the sayde house or houses, or to any other house or houses beyng within the same Parishe or Lordeship, or within two myles of the said houses, being also not bounde to be mainteined and vpholden by fourme of the said statute of king Henry the .vii. as much other lande within the same Paryshe, Lordship, or within two myles, as is abouesaid, for & in liew of such or so much of the former land, as ought to haue cōtinued by force of the said statute, with the former house, & can not cōueniently be returned to the same former house.

[Page 11]And be it further enacted by auctoritie aforesayde, that yf any such house or houses of husbandrye, and lande, be deuided or seue­red the one frō the other, by reason of any lease or leases, for terme of lyfe, lyues, or for terme of yeres, made or graunted before the fyrste daye of this present Parliament: that then whensoeuer the said lease or leases shal end or determine by any maner of meanes, so as the same house or houses, and landes therevnto belongyng, shalbe discharged of all such leases, the same house and houses and landes so demised, shall not afterwards be seuered or deuided thone from thother, but shall go, be kept, and occupyed together at all tymes after, accordyng to the declaration before mencioned, vpon the paynes and forfaitures last before specified, and to be taken al­so, as in the sayde Statute is mencioned: Excepte by the retur­nyng or reuniting of the same lande to the sayde house, there shall or may growe any manifest decay of any other houses newly edifi­ed, or of any other farmes that hath ben by meanes of distribution or seueraunce of the same lande or landes, or any part therof, made or assigned to be seuerall tenementes or holdes.

And where in the sayde Statute made in the sayde .vii. yere of the reigne of the sayde kyng Henry the .viii. amonges other thyn­ges in the same, it is enacted, that yf sythens the fyrste daye of the same Parliament, any landes, whiche at the same fyrst daye, or sy­thens the same fyrst day, were commonly vsed in tyllage, were in­closed, or from thenceforth shoulde be inclosed and turned onlye to pasture, whereby any house of husbandry then was or therafter shuld be decayed: that then all such landes should be by the owner or owners therof, theyr heyres, successours, or assignes, or other for them, within one yere next ensuing the same decay, put in tyllage, and exercised, vsed, and occupyed in husbandry and tyllage, as they were the first day of the same Parliament, or at any tyme sythens, and after the maner and vsage of the countrey where suche landes dyd lye, as by the sayd Act more playnely may appeare.

And forasmuch as vpon the said part of the sayd statute, diuers doubtes and questions haue ben moued heretofore: Be it therfore enacted & declared by the auctoritie aforesayde, that yf at any tyme sythens the makyng of the sayd Acte, & before the sayde feaste of S. George, in the sayde .xx. yere of the reigne of the sayde late kyng Henry the .viii. any landes belongyng to any suche house of hus­bandry as is aforesayd, haue ben turned from tyllage to pasture by any person or persons: that then the same landes, or so much other landes being within the same Paryshe, Lordship, or Manour, that heretofore was not liable or bounde by any lawe or statute to be kept in tyllage, shalbe turned agayne into tyllage within one yere [Page] next after the session of this present parliamēt, & kept in tyllage for euer, according to the custome of the country, & nature of the soyle, whether the said house whervnto the said landes dyd belong be de­cayed or no, or whether the same landes were enclosed or not enclo­sed, or whether some part therof, & not the whole, were kept in tyl­lage or not, vpon the paynes conteyned in the same statute made in the sayd .vii. yere of the reigne of the said late king Henry the .viii.

Prouided alwayes, and be it further enacted by thaucthoritie aforesayde, that yf any person or persons whatsoeuer, hauing any pasture, heath, wast, or barren ground, which hath not ben hereto­fore cōmonly vsed to be eared or tylled for corne, and yet neuerthe­lesse the same person or persons, to thintent to better & amende the said ground, & not to vse the same for tyllage, haue, or hath at any tyme heretofore turned or put the same into tyllage, or at any tyme hereafter shall turne or put the same into tyllage, and hath or shall kepe the same grounde for that cause only in tyllage by the space of foure yeres togethers, that this Act or any thyng therin conteined shal not compel any person or persons to continue or put in tyllage the said pasture, heath, barren or wast grounde so eared: Any thing before expressed in this act to the contrary therof notwithstanding.

Prouided alwayes, that this Act, or any prouision, clause, or ar­ticle therin conteyned, shall not be vnderstand or expounded to ex­tende or be in any wyse preiudiciall to those partes or porcions of groundes, wherin any ower of Leade, Tin, or Iron, or Coles com­ly called sea cole, stone cole, or moore cole, haue ben, are, or hereaf­ter shalbe vsually gotten, by meanes wherof, the same groūdes can not conueniently be put & kept in tyllage: This Acte, or any other law, vsage, or custome to the contrary, in any wyse notwtstanding.

Prouided also that this Acte, nor any thyng therein conteyned, shal extende to compell any person or persons to put in tyllage any landes or groundes within any forest or chase, excepte the forest of Snowden in Northwales, otherwyse then before the makyng of this Statute, he or they ought, or were bounde to do. This Acte to endure to the ende of the next session of Parliament.

Prouided alway, yt this statute or any thyng therin conteyned, shal not extend to cōpell any inhabitant of ye coūties of Northūberland, Westmerland, or Cūberland, to reedifie, maintein, or to kepe in ma­nurance any house or ground yt shalbe ouerthrowē, burned, destroy­ed, wasted, or decayed by enemies, or by any occasiō of warres or in­uasiōs, during ye warres, or win .iiii. yeres after ye conclusiō of peace next folowing such ouerthrowing, burning, destructiō, wasting, or other thyng in this present Act to the contrary notwithstandyng.

And forasmuch as this Acte shall continue but to the ende of the nexte session of Parliament: Be it therefore enacted by auctori­ritie [Page 12] aforesayde, that no person or persons, shall from henceforth conuert from tillage to pasture, any grounde whiche was in til­lage the fyrst day of thys Parliament, other then suche as they myght lawfully haue conuerted from tyllage to pasture, before the makinge of this Act: Any thynge contayned in thys Acte to the contrary notwithstandynge.

¶ An Act for the reliefe of the poore. ¶ The .iii. Chapter.

TO thintent that ydle and loyterynge persons and valiaunt beggers may be auoyded, and thimpo­tent, feble, and lame, whiche are the poore in very dede, should be hereafter relieued and well prouy­ded for:

Be it enacted by the Quene our soueraygne Lady, with thassent of the Lordes spirituall and temporall, and the commons in thys present parliament assembled, & by thauc­thoritie of the same, that the statute made in the .xxii. yeare of the late kinge of famous memory, kinge Henry theight, and also the statute made in the thyrde and fourth yeres of the reigne of the famous kyng Edwarde the syxt, concerninge beggers, vaga­boundes, and ydle persons, and euery article, clause, braunche, sentence, and other thynges conteyned in them, and eyther of them, other then suche thynges as shalbe by thys present Acte o­therwise ordayned and prouided for: shall stande, remayne, and be in their full force and effect, and shalbe also from henceforth, iustly and truely put in execution, accordynge to the true mea­ninge of the sayde seuerall statutes, and euery of them.

AND further be it enacted by thaucthoritie aforesaide, that yerely vpon the Sunday next before the feast day of the Natiui­tie of S. Iohn Baptist, commonly called Midsomer day, in euery Citie, Borough, and Towne corporate, the Maior, Bayliefes, or other head officers for the time being: & in euery other paryshe of the coūtrey, the Parson, Vicar, or Curate & churchwardens, shal haue written in a Register or boke to be prouided by them, aswel the names of the inhabitaūtes & housholders within their citie, Borough, Towne corporate, or paryshe: as also the names of all such impotent, aged, & nedy persons, as be within their citie, Bo­rough, Towne corporate, or paryshe, which are not hable to liue of them selues, nor with their owne laboure, & shal openly in the church & quietly after diuine seruice, call ye said housholders & in­habitantes together, among whō ye Maior or other head officers, [Page] and two of the chiefe inhabitauntes in euery suche Citie, Bo­rough, and Towne corporate, suche as the Maior or other head officers shall thynke meete. And the Parson, Vycar, or Cu­rate, and Churchwardens in euery other paryshe, shall elect, no­minate and appoynt yerely two hable persons or mo, to be ga­therers and Collectours of the charitable almes of all the resi­due of the people inhabytyng in the paryshe, wherof they be cho­sen Collectours for the reliefe of the poore, Which Collectours, the Sunday next after their election, or the Sundaye folowing yf nede require, when the people are at the Church at diuine ser­uice: shal gentelly aske and demaunde of euery man and woman, what they of theyr charitie wyl be contented to geue wekely to­wardes the reliefe of the poore, and the same to be wrytten in the sayde Regester or booke. And the sayde gatherers so beyng elec­ted and chosen, shall iustly gather and truely distribute the same charitable almes wekely by them selues or theyr assignes, to the sayde poore & impotent persons of the sayde Cities, Boroughes, Townes corporate, and Paryshes, without fraude or couin, fa­uour or affection, and after such sorte, that the more impotent, may haue the more helpe, and suche as can get part of theyr ly­uyng, to haue the lesse, and by the discression of the Collectours, to be put in such labour as they be fyt & hable to do, but none to go or syt openly a beggyng, vpon payne limitted in the aforesaid Statutes. And yf the sayde Maiors, Baylyffes, head officers, Parson, Vicar, Curate and Churchwarden, or any of them, faile in the doyng and executyng of the premisses in fourme aboue de­clared, he or they so makyng default, to forfeyte for euery suche default .xl.s. to be employed to the vse of the poore of that pa­ryshe, where he or they do inhabite, to be leuyed by the Collec­tours of the same paryshe by way of distresse, or otherwyse, as is appoynted in this Acte for leuying of lyke forfaitures.

And be it enacted by thauctoritie aforesayd, that no person or persons so elected, nominated, & appoynted to be gatherer or ga­therers as is aforesayd, shall refuse the sayd office, but shall iust­lye and truelye execute the same, by the space of one whole yere next ensuyng such election, vppon payne to forfaite .x.li. thone moitie therof to the Churchwardens of the paryshe where he or they shalbe elected Collectour, and thother moitie therof, to the vse and reliefe of the poore of the saide parishe, to be leuied by the Churchwardens where they or he dwelleth, of the goodes of the sayde gatherer or gatherers so refusyng, by distresse, or els by ac­tion of debte, byll, playnt, or information, to be brought or pur­sued by the sayde Churchwardens of the sayde Paryshe, where [Page 13] they shall dwell, in any court of Recorde, or in the courte of any Lorde of any Manour within the sayde paryshe where the sayde gatherer shalbe so chosen. In which suite, no protection or wager of lawe shalbe alowed or admitted for the partie defendaunt.

And be it further enacted by the aucthoritie aforesayde, that yf the sayde Churchwardens, or eyther of them, shall refuse to sue for the sayde forfayture, or within two monethes next after the same cause of forfayture shalbe geuen, shall not sue or take the remedie for the recouery thereof, in suche maner and fourme as before in this present Acte is limitted and appoynted: that then the same Churchwardens so makyng default of suite, shall forfayte and lose xx.li. of lawfull money of Englande, the one moitie therof to him or them that wyll sue for the same by action of debt, byll, playnt, or information, in any court of Recorde, or in the court of any Lorde of any Manour, within the paryshe where the sayde Churchwar­dens shall dwell, and the other moitie to the vse of the poore of the sayde paryshe. In which suite, no essoigne, protection, or wager of lawe shalbe admitted or alowed for the partie defendaunt.

And for the better execution of this Acte, touching the election of the Collectours for the poore: Be it enacted by the aucthoritie aforesayde, that euery Parson, Vicar, Curate, or Minister, of euery paryshe within this Realme, shall yerely for euermore, vpon the Sunday before Midsomer day, in the Pulpit or some other conue­nient place in the Church, geue knowledge and warnyng at thend of some of the mornyng seruice, to the parishioners then and there present, to prepare them selues on the Sunday next after Midso­mer day then next folowyng, to come to the Churche, and there to electe and chose Collectours and gatherers for the poore, according to the tenor of this Acte. And yf the Parson, Vicar, Curate, or Mi­nister, shall make default in geuyng of the sayde knowledge: that then he or they so makyng default, to forfaite & lose .xl.s. towardes the reparations of the sayde Churche. And the Churchwardens of the sayde paryshe, to sue and distrayne for the same, in such fourme as before is appoynted for the other forfaitures.

AND further be it enacted by thaucthoritie aforesaide, that the sayde gatherers or Collectours for the poore, so to be chosen as is aforesayd, shall make theyr iust accompt quarterly, to the Maiors or chiefe officers of the sayde Cities, Boroughes, and Townes cor­porate: and in euery parishe of the sayde Countrey, to the Parson, Vicar, or Curate, and Churchwardens of the paryshe, at which ac­compt, such of the paryshe as wyll, may be present. And when they go out of theyr office, they shall delyuer or cause to be delyuered forthwith vpon thende of their accomptes, all such surplusage of [Page] money, as then shall remayne of theyr collection vndistributed, to be put in theyr common chest of the Churche, or in some other safe place, to the vse of the poore, at the ouersyght and discression of the Maior, officers, and others before mentioned. And if the said Col­lectours, or any of them, do refuse to make theyr sayde accompte within .viii. dayes nexte after request made to them for the same, then the Bishop of the dioces, or the Ordinary of the place, Chaun­celours, or their Cōmissaries, together with a Iustice of peace, & the Churchwardens of the sayd parishe, or one of them, shall haue auc­thoritie by vertue of this Act, vpon complaynt to them made, to cō ­mit the sayde person or persons so refusyng, to warde, there to re­mayne without bayle or maynpryse, vntyll he or they so refusyng, shall make theyr sayd accomptes, before suche persons as the sayde Byshop, Ordinary, Chauncellours, or Commissaries & Iustice of peace shall appoynt, & to make immediate payment of the summes wherwith by determinatiō of ye said accompt they shalbe charged.

And be it further enacted by thaucthoritie aforesaid, that if any person or persons, being able to further this charitable worke, do obstinatly & frowardely refuse, reasonablye to geue towardes the helpe & reliefe of the poore, or do wylfully discourage other from so charitable a dede, ye Parson, Vicar, or Curate, & Churchwardens of the parishe wherin he dwelleth, shall then gentelly exhorte hym or them towardes the reliefe of the poore, and if he or they wyll not so be perswaded, then vpon the certificat of the Parson, Vicar, or Cu­rate of the parishe, to the Bishop of the dioces, or Ordinary of the place, Chauncelours, or their Cōmissaries, or Gardian of the Spi­ritualties, the same Bishop, Ordinary, Chauncelours or Cōmissa­ries, or Gardian of the Spiritualties, shall sende for him or them, to induce or persuade him or them by charitable meanes & wayes, to extend their charitie to the poore, as in this Act is well ment & intended. And yf the person or persons so sent for, of his or their frowarde or wylfull mynde, shall obstinately refuse to geue wekely for the reliefe of the poore, according to his or their habilities: that then the Bishop or Ordinary of the diocesse, Chauncelours or their Commissaries, shall haue full power and aucthoritie by vertue of this Acte, to bynde the said obstinate and wylfull persons so refu­sing, vnto the Quene by recognisaunce, in the sūme of ten poūdes, with condition therevpon to be indorsed, that the sayde obstinate person so refusyng, shall personally appeare before the Iustices of peace, of the Countie where the same person shall then inhabite and dwell, yf it be out of any Citie, Borough, or Towne corporate: and yf it be within any Citie, Borough, or Towne corporate, then before the Maiors, Baylyffes, or other head officers of euery [Page 14] such Citie, Borough or Towne corporate, at the next generall sessi­ons to be holden before the sayde Iustices within the sayde Coun­tie, or at the next Court to be holden before the sayde Maior, Bay­lyffes, or other head officers within euery suche Citie, Borough, or Towne corporate, and that the same obstinate person shall not from thence depart without licence of the sayd Iustices, if he dwell out of any Citie, Borough, or Towne corporate: or of the sayde Maior, Baylyffes, or other head officers, yf he dwell within anye suche Citie, Borough, or Towne corporate. And yf any such obsti­nate person shall refuse to be bounde as is aforesayde: that then the sayde Byshop, Ordinary, Chauncellour, or Commissary, shall haue aucthoritie by this Acte, to commit the sayde obstinate per­son to pryson, there to remayne without bayle or maynprise, vntyl the sayde obstinate person shall become bounde, as is aforesayde,

AND further be it enacted by the aucthoritie aforesayde, that the sayde Iustices, or such of them as shalbe at the sayde Sessions, or the Maior, Baylyffes, or other head officers of euery such Citie, Borough, or Towne corporate, yf the sayde obstinate person do ap­peare before them: shall charitablye and gentelly perswade and moue the sayde obstinate persons, to extende his or their charitie towardes the reliefe of the poore of the paryshe where he or she in­habiteth and dwelleth, and if he or she shall obstinately and wyl­fully stande in the same, and wyll not be perswaded therein by the sayde Iustices, Maior, Baylyffes, or other head officers: that then it shall and may be lawful to and for the sayde Iustices, if it be out of any Citie, Borough, or Towne corporate, and yf it be within any Citie, Borough, or Towne corporate, for the Maior, Bayliffes or other head officers of the same Citie, Borough, or Towne corpo­rate, with the Churchwardens where the sayde obstinate person shall inhabite, or one of them, to sesse, taxe, and limit vpon euery such obstinate person so refusyng, according to theyr good discressi­ons, what summe the sayde obstinate person shall paye wekely to­wardes the reliefe of the poore within the sayde paryshe where he or she shall inhabite and dwell. And yf the sayd person so sessed and taxed, shall refuse to paye the summe that shalbe so reasonablye li­mitted, taxed, and appoynted: then the sayde Iustices of peace, or two of them, whereof the one to be of the Quorum, or the sayde Maior, Baylyffes, or other head officers of euery suche Citie, Bo­rough, or Towne corporate, shall haue full power and aucthoritie by vertue of this Acte, vpon complaynt and certificate to them by the Collectours and Churchwardens of the same paryshe, where the sayde obstinate person shall dwell, to commit the sayd obstinate person and persons so refusyng to paye, to prison to the next gaole, [Page] there to remayne without bayle or mainprise, tyll he or they haue payde the sayde sūme so appoynted, taxed, & limitted, together with tharrerages therof, yf any such shall fortune to be.

And for the better maintenaunce of this charitable Acte and worke, it is ordeyned and establyshed by thaucthoritie aforesayde, that where as the late kyng of famous memorye kyng Henry the viii. his heyres or successours, or any other person or persons, by his or theyr seuerall & lawfull erections and foundations, hath or haue ordeyned & appoynted any sūme or sūmes of money to the vse of the poore, or for the repayryng or amendyng of hygh wayes or bridges, not beyng taken away otherwyse by Acte of Parliament, whether the same be in any Cathedrall Churche, Colledge, or els where, the Bishop of the diocesse, or Chauncelour for the tyme be­ing, shall from tyme to tyme, examine howe and after what maner the sayd money is bestowed, & to call to accompt the parties which retayne the sayde money, and therevpon to take such order, as the same from thenceforth be distributed to the poore, accordyng to the good entent and purpose of the saide noble kyng that graunted the same. And yf they shall fayle yerely to call to accompt the persons aforesaid, in fourme aforesaide, and after accompt, to order the di­stribution of the said money in maner before declared, to forfait for euery such default .xx.li. to be employed to the vse of the poore, by the ouersight of three Iustices of the peace, within the said countie where the person that so should accompt dwelleth, to be leuied by way of distresse, or otherwyse, as other forfaitures in this estatute are appoynted to be leuied.

And be it further enacted by thaucthoritie aforesayde, yf it shall chaunce any paryshe to haue in it mo poore & impotent folkes not able to labour, then the saide parishe is able to reliefe: that then in euery such paryshe, not standyng in any Citie or Towne corpo­rate, the Parson, Vicar, or Curate of the saide paryshe, and two or three of the chiefe inhabitauntes of the same parishe, and in euery Citie & Towne corporate, the Maior or chiefe officers of the same Citie or Towne corporat, & the Parson, Vicar, or Curate of the said paryshe, calling to them two or three of the chiefe parishioners of the same parish, such as the said Maior or head officers shal thinke mete: shall certifie vnto the Iustices of peace of the countie where the same paryshe is, the nombre and names of the persons with which they be surcharged, & vpon such certificat, the sayd Iustices of the peace in the same countie, or two of them, wherof one to be of the Quorū, shall consider & examine the said certificat, aswel by the oth of those that so certified inspection of the said poore persons, to be taken and viewed, at such day, tyme, & place, as to them shalbe [Page 15] thought mete, as by all other wayes and meanes: and fynding the same true, after such othe and alowaunce by inspection, shall then graunt vnto such and as many of the saide poore folkes as by their discression they shal thinke good, a sufficient licence vnder the seale appoynted for the limit, to go abrode, to begge, get, and receaue the charitable almes of the inhabitauntes of the countrey, out of the sayde Paryshes, Cities, & Townes so surcharged: in which license, thinfirmitie of the person, the places, townes, & paryshes to which such poore folkes are by that license licensed to resorte, shall in the same license be named, limitted, and appoynted, be it one Hundred or mo, in the sayde Countie, at the said discression of the same Iu­stices. And yf any of the sayde poore folkes so licensed, shall trans­gresse the limittes to them appoynted, and resort to begge at other places then is in the sayde license named, the partie so transgres­syng & offendyng, to be taken for a valyaunt begger, and punished according to the statute made in the sayde .xxii. yere of king Henry the eyght, & his or theyr license to be taken from them. And if the sayde Iustices of the peace shal fayle to appoynt a day and tyme for inspection of the sayde poore, and examination of the sayde certifi­catours, within one moneth next ensuyng the day of receipt of the said certificat, or shalt graunt or geue license to any person or per­sons so certified, to go abrode and begge, before such tyme as they shall haue viewed and sene the said poore persons, & haue receaued othe of the persons that so certified, that the said poore persons for age, impotencie, or sickenes, in theyr consciences, & to theyr know­ledge, are not able by any worke or labour to earne them necessary meate, drynke, and cloth, and the same deposition put in wrytyng, subscribed or marked by the persons deposed, to forfaite for euery such default, ten poundes, to be employed to the vse of the poore of any paryshe or paryshes within the sayde Countie where the sayde Iustices dwell, at the ouersyght & appoyntment of the Bishop or his Chauncelour of the same diocesse, to be leuied in sort & fourme as other forfaitures in this Statute are appoynted.

And be it further enacted, that where any of the sayde Cities, Boroughes, Townes corporate, or paryshe, so charged, is scituate & standyng in one countie or two coūties of this Realme, or scituate and standyng in one, and immediatly adioynyng to another coun­tie of the Realme, as the Citie of Brystoll, and the Townes of Ludloo and Stamforde stande: that in those Cities, the Parson, Vicar, and Curate of the sayde paryshe, and the sayde Maior, head officers, and inhabitauntes of euery such Citie, Borough, Towne corporate, and paryshe, shall make certificat vnto the Iustices of the sayde counties adioynyng to the same Cities, Boroughes, [Page] Townes corporate, & paryshes, and the same Iustices of the sayde adioynyng Countie or Counties, to do, geue license, and folow the order aboue remembred, according as other Iustices of the Coun­ties in which the paryshe surcharged standeth, is limitted and auc­thorised to do.

And be it also enacted, that in all Cities, Boroughes, & Townes corporate, within which be diuers paryshes, the Maior & head offi­cers of euery the same Cities, Boroughes, & Townes corporat, shal consider the state & abilitie of euery such parishe. And yf the same Maior and officers shall vnderstande by their discretion, that the parishioners of any one of the sayde paryshes is of such wealth and hauor, that they haue no pouertie amongest them, or be hable suffi­ciently to reliefe the pouertie of the paryshe where they inhabite & dwell, and also to helpe and succour pouertie els where further: that then the saide Maior and officers, with thassent of two of the most honest & substaunciall inhabitauntes of euery such wealthy paryshe, shall consider the nedynesse of thinhabitauntes of thother parishe or parishes within the same Citie or Towne corporate, and moue, induce, and perswade the paryshioners of the wealthyer pa­ryshe, charitably to contribute somwhat, accordyng to theyr habi­litie, towarde the wekely reliefe, succour & consolatiō of the poore & nedy within the other paryshe or parishes aforesaid, where nede is.

And be it also enacted, that all and euery suche poore folkes as by any such license, are to be licensed and aucthorised to resort out of the limittes, liberties, and frauncheses, of all and euery such Ci­tie, Borough, and Towne corporate, into any the sayde Counties, to begge, get, & gather the charitable almes of good people, shall at all tymes when the same goeth abrode to begge, weare openly vp­pon hym or them, both on the brest and the backe of his or theyr vppermost garment, some notable badge or token, to be assigned vnto hym by the Maior or head officers of the same Citie, Bo­rough, and Towne corporate, or Paryshe, with thassent of the Iu­stices of the peace that shall graunt the same license, vpon payne to be taken for a valyaunt begger, and to be punyshed as afore is re­membred, and shall also carry his license with hym, vpon the lyke payne. This Acte to endure to the latter ende of the fyrst session of the next Parliament.

Prouided alwayes, & be it enacted by thaucthoritie aforesaide, that all and euery summe and summes of money, from henceforth to be collected or gathered within the Citie of London & the liberties of the same, by vertue of this Acte, shalbe payde ouer to the gouer­nours of the Hospytall called the Hospytall of Christes Churche, within the sayde Citie of London, for the tyme beyng, and shalbe [Page 16] by them from time to time distributed and bestowed for the reliefe of the poore of the sayde Citie, accordyng to theyr wysdome and discressions: Any thyng in this Acte mentioned to the contrarye, notwithstandyng.

Prouided also, and be it enacted by thaucthoritie aforesaide, that all and euery sūme and sūmes of money, from henceforth to be col­lected or gathered within the Citie of Couentrie, and the liberties of the same, by vertue of this Acte, towarde the maintenaunce and reliefe of the Hospytall of poore people, erected in the sayde Citie, shalbe payde ouer to suche gouernour or gouernours of the sayde Hospitall, as nowe is or hereafter shalbe admitted and appoynted by the Maior and Aldermen of the sayde Citie of Couentrie, or the more part of them, for the tyme beyng. And such gouernour or go­uernours so admitted and appoynted as aforesaid, shall from time to tyme, distribute and bestowe, for the reliefe of thaforesayde poore within the sayde Citie, the sayde summe or summes of money, ac­cordyng to theyr wysdomes and discressions: Any thyng mentio­ned in this Acte to the contrary, notwithstandyng.

Prouided alwayes, and be it further enacted, that the Curate, Minister, or Reader, together with the Wardens of euery Chappel of ease, and where no Wardens are, the Warden or two of the chie­fest of the inhabitauntes resortyng & frequentyng the sayde Chap­pell of ease for hearyng diuine seruice, the same inhabitauntes to be nominated and chosen by the same Curate, Minister, or Reader: And also the Collectours, and all and euery other person and per­sons to whom in this behalfe it shall appertayne by force of this estatute, shall do, execute, perfourme, and be liable to all and eue­ry such ordinaunce, clause, article, sentence, and penalties specifi­ed and conteyned in this present Acte, for and towardes the reliefe of the poore, in like maner & fourme, as the Vicar, Curate, Church­wardens, and Collectours of euery paryshe Church, shall, may, or ought to do by force of this Act, accordyng to the purport and true meanyng of the same, & not to be compellable to come or resort to theyr Paryshe Church for the same onely purpose or entent: Any thing in this Act before specified to the contrary notwithstanding.

Prouided also that this Acte or any thyng therein conteyned, shall not in any wyse extende or be preiudiciall to any gyft, legacie, conueyaunce or assignement of any maner of landes or other pro­fite heretofore geuen, assigned, or bequeathed to the reliefe of the poore, reparation of hygh wayes, or bridges, vppon any maner of condition: but that the same shalbe employed, conuerted, bestow­ed, and accompted for, in such maner and fourme, and vpon such condition, as the same lawfully was or ought to be, before the ma­kyng of this Acte.

¶ An Acte touchyng diuers orders for Artificers, La­bourers, seruauntes of husbandry, and apprentises. ¶ The .iiii. Chapter.

ALthough there remayne and stande in force presently a great number of Actes & statutes concerning the retey­nyng, departyng, wages, and orders of apprentices, ser­uauntes, & labourers, aswell in husbandry as in diuers other artes, misteries & occupations: yet partly for the imperfectiō & contrarietie that is found & do appeare in sundry of the said lawes, and for the varietie & number of them, and chiefely for that the wages & alowaunces limitted & rated in many of the said statutes, are in diuers places to small, and not aunswerable to this time, respecting the aduauncement of prices of all thinges be­longing to the said seruauntes & labourers, the said lawes can not conueniētly, without the great griefe & burden of the poore labou­rer & hyred man, be put in good & due execution. And as the said se­ueral actes & statutes were at the time of ye makyng of thē, thought to be very good & beneficiall for the cōmon wealth of this Realme: (as diuers of thē yet are) So if the substaūce of as many of the said lawes as are mete to be continued, shalbe digested & reduced into one sole lawe & statute, & in the same an vniforme order prescribed & limitted, concerning the wages & other orders for apprētises, ser­uaūtes, & labourers, there is good hope yt it wyll come to passe, that ye same law (being duely executed) shuld banyshe ydlenes, aduaunce husbandry, & yelde vnto the hyred person both in the tyme of scarsi­tie, & in the tyme of plentie, a conuenient proportion of wages.

Be it therfore enacted by thaucthoritie of this present parliamēt, that as much of all the estatutes heretofore made, & euery braunch of thē, as touch or concerne the hiring, keping, departing, working, wages, or order of seruaūtes, workmen, artificers, apprentices & la­bourers, or any of them, & the penalties & forfaitures concernyng the same, shalbe frō & after the last day of Septēber nexte ensuing, repealed and vtterly voyde & of none effect, and that all the said sta­tutes and euery braunch therof, for any matter conteined in them, and not repealed by this statute, shal remayne and be in full force & effect: Any thing in this statute to the contrary notwithstanding.

AND be it further enacted by the aucthoritie aforesaide, that no maner of person or persons after the foresayde last day of Sep­tember nowe nexte ensuyng, shall reteyne, hyre, or take into ser­uice, or cause to be reteyned, hired, or taken into seruice, nor any person shalbe reteined or hired, or takē into seruice by any meanes or colour, to worke for any lesse, tyme or terme, then for one hole yere, in any of the sciences, craftes, misteries, or artes of Clothy­ers, Wollen cloth weauers, Tuckers, Fullers, Clothewor­kers, [Page 17] Sheremen, Dyers, Hosiers, Taillers, Shomakers, Tanners, Pewterers, Bakers, Brewers, Glouers, Cutlers, Smythes, Far­rors, Curryers, Sadlers, Spurryers, Turners, Cappers, Hat­makers, or Felt makers, Bowyers, Fletchers, Arrowhead makers, Butchers, Cookes, or Myllers.

And be it further enacted, that euery person beyng vnmarryed, and euery other person beyng vnder the age of .xxx. yeres, that af­ter the feast of Easter nexte shall marry, and hauyng ben brought vp in any of the sayde artes, craftes, or sciences, or that hath vsed or exercised any of them by the space of three yeres or more, and not hauyng landes, tenementes, rentes, or hereditamentes, copy holde, or free holde, of one estate of inheritaunce, or for terme of any lyfe or lyues, of the clere yerely value of .xl.s. nor beyng worth of his owne goodes the clere value of .x.li. and so alowed by two Iustices of the peace, of the countie where he hath most cōmonly inhabited by the space of one hole yere, and vnder their handes and seales, or by the Maior or other head officer of the citie, borough, or towne corporate, where such person hath most commonly dwelled by the space of one whole yere, and two Aldermen, or two other discrete Burgesses of the same citie, borough, or towne corporate if there be no Aldermen, vnder theyr handes and seales, nor beyng reteyned with any person in husbandry, or in any of the aforesayd artes and sciences, accordyng to this Statute, nor lawfully reteyned in any other arte or science, nor beyng lawfully reteyned in householde, or in any office with any noble man, gentelman, or others, accor­ding to the lawes of this Realme, nor hauing a conuenient ferme, or other holdyng in tyllage, whervpon he may employ his labour: shall (during the tyme that he or they shal so be vnmaried, or vnder the sayde age of .xxx. yeres, vpon request made by any person vsyng the art or mistery wherin the sayd person so required hath ben ex­ercised, as is aforesayde) be reteyned, and shall not refuse to serue, accordyng to the tenor of this Statute, vpon the payne and penal­tie hereafter mentioned.

And be it further enacted, that no person which shall reteyne any seruaunt, shall put away his or her sayd seruaunt, and that no person reteyned accordyng to this Statute, shall depart from his maister, maistres, or dame, before the ende of his or her terme, vp­pon the payne hereafter mentioned, vnlesse it be for some reaso­nable and sufficient cause or matter, to be alowed before two Iu­stices of peace, or one at the least, within the sayde Countie, or before the Maior or other chiefe officer of the Citie, Borough, or Towne corporate, wherein the sayde maister, maistres, or dame inhabiteth, to whom any of the parties greued shall complayne, [Page] which said Iustices or Iustice, Maior, or chiefe office, shall haue, & take vpon them or hym, the hearyng and orderyng of the matter, betwixt the said maister, maistres, or dame, & seruaunt, accordyng to the equitie of the cause. And that no suche maister, maistres, or dame, shall put away any such seruaunt at thende of his terme, or that any such seruaunt shall depart from his said maister, maistres or dame, at thende of his terme, without one quarter warnyng ge­uen before thende of his sayde terme, eyther by the sayde maister, maistres, or dame, or seruaunt, the one to the other, vpon the payne hereafter ensuyng.

And be it further enacted by thaucthoritie aforesayd, that euery person betwene the age of .xii. yeres, & the age of threescore yeres, not being lawfully reteyned, nor apprentice with any Fysherman or Mariner haunting the seas, nor being in seruice with any kyd­dyer or carier of any corne, grayne, or meale, for prouision of the Ci­tie of London, nor with any husbandman in husbandrye, nor in any Citie, Towne corporate, or market Towne, in any of the artes or sciences limitted or appoynted by this estatute to haue or take apprentices, nor being reteyned by the yere, or halfe the yere at the least, for the dyggyng, sekyng, fyndyng, gettyng, meltyng, fynyng, working, trying, making of any Syluer, Tin, Lead, Iron, Copper, Stone, Sea cole, Stone cole, Moore cole, or Cherk cole, nor being occupied in or about ye makyng of any glasse, nor being a gentelmā borne, nor being a student or scoller in any of the vniuersities, or in any scoole, nor hauyng landes, tenements, rentes, or hereditamen­tes, for terme of lyfe, or of one estate of inheritaūce, of the clere yere­ly value of .xl.s. nor beyng worth in goodes and cattels to the va­lue of .x.li. nor hauyng a father or mother then lyuyng, or other auncestour, whose heyre apparaunt he is, then hauyng landes, tenementes, or hereditaments, of the yerely value of .x.li. or aboue, or goodes or cattels of the value of .xl. li. nor beyng a necessary or conuenient officer, or seruaunt lawfully reteyned as is aforesayde, nor hauyng a conuenient ferme, or holdyng whervpon he maye or shall employe his labour, nor being otherwyse lawefully reteyned, according to the true meanyng of this statute: shall after the fore­saide last day of September nowe next ensuing, by vertue of this estatute, be compelled to be reteyned to serue in husbandrye by the yere, with any persō that kepeth husbandry, & wyl require any such persō so to serue, within the same shire where he shalbe so required.

AND be it further enacted by the aucthoritie of this present Parliamēt, that if any person after he hath reteined any seruaunt, shall put away the same seruaunt before thende of his terme, vn­lesse it be for some reasonable and sufficient cause, to be alowed as [Page 18] is aforesayde, or if any such maister, maistres, or dame, shall put a­way any such seruaunt at thende of his terme, without one quar­ters warnyng geuen before the said ende, as is aboue remembred: that then euery such maister, maistres, or dame so offending, vnlesse he or they be able to proue by two sufficiēt witnesses such reasona­ble & sufficient cause of putting away of their seruaūt or seruaūtes duryng theyr terme, or a quarters warnyng geuen afore the ende of the said terme, as is beforesaid, before the Iustices of Oyer & ter­miner, Iustices of assise, Iustices of the peace in the quarter Sessi­ons, or before the Maior or other head officer of any citie, borough, or towne corporate, & two Aldermen, or two other discrete Burge­ses of the same citie, borough or towne corporate, if there be no Al­dermen, or before the Lorde president & counsell established in the marches of Wales, or before the Lord president and counsell for the time being established in the North parties, shal forfait the sūme of xl.s. And if any seruaunt reteyned according to the fourme of this estatute, depart frō his master, mastres, or dames seruice before the end of his terme, vnlesse it be for some reasonable & sufficient cause to be alowed as is aforesaid, or if any seruaūt at thend of his terme depart frō his sayd master, mastres, or dames seruice, without one quarters warning geuē before thend of his said terme, in forme a­forsaid, & before .ii. lawful witnesses, or if any persō or persōs cōpel­able & bounden to be reteined & to serue in husbandry, or in any o­ther the artes, sciences or misteries aboue remēbred, by the yere or otherwise, do (vpō request made) refuse to serue for the wages yt shal be limitted, rated, & appoynted, according to ye forme of this statute, or promise or couenaūt to serue, & do not serue according to ye tenor of ye same: that thē euery seruaūt so departing away, & euery person so refusing to serue for such wages, vpon cōplaint therof made by the master, mastres or dame of ye said seruaūt, or by the partie, to or with whō ye said refusal is made, or promis not kept, to .ii. Iustices of the peace of the countie, or to ye Maior or other head officer of the citie, borough, towne corporate, & .ii. Aldermen, or .ii. other discrete Burgesses of ye same citie, borough or towne corporat, if there be no Aldermē, where the said master, mastres, or dame, or the said partie to or with whō ye said refusal is made & promis not kept dwelleth, or to either of the said Lordes presidentes & counsel of Wales, & the North, the said Iustices, lordes presidentes & coūsels, & also the said Maiors or other head officers, & other persons of cities, boroughes or townes corporate, or any of thē, as is aforesaid, shall haue power by force of this statute, to heare & examine the matter, and fyndyng the sayde seruaunt or the said partie so refusyng, faultie in the pre­misses, vpō such proufes & good matter, as to their discressiōs shalbe [Page] thought sufficient, to commit hym or them to warde, there to re­mayne without bayle or maynpryse, vntyll the sayde seruaunt or partie so offendyng, shalbe bounde to the partie to whom thoffence shalbe made, to serue and continue with hym for the wages that then shalbe limitted and appoynted, according to the tenor & fourm of this estatute, and to be discharged vpon his delyuery, without paying any fee to the gayler where he or they shalbe so imprisoned.

AND be it lykewyse enacted by thaucthoritie aforesayde, that none of the said reteyned persons in husbandry, or in any the artes or sciences aboue remembred, after the tyme of his reteynour ex­pired, shal depart forth of one Citie, Towne, or Parishe, to another, nor out of the Lathe, Rape, Wapentake, or Hundred, nor out of the Countie or Shire where he last serued, to serue in any other Citie, Towne corporate, Lathe, Rape, Wapentake, Hundred, Shire, or Countie, vnlesse he haue a testimoniall vnder the Seale of the said Citie or Towne corporate, or of the Constable or Constables, or other head officer or officers, and of two other honest householders of the Citie, Towne, or Paryshe where he last serued, declaring his lawefull departure, and the name of the Shire and place where he dwelled last before his departure, accordyng to the fourme here­after expressed in this Acte, which certificat or testimoniall shalbe wrytten and delyuered vnto the sayde seruaunt, and also registred by the Parson, Vicar, or Curate of the paryshe where such maister, maistres, or dame doth or shall dwell, takyng for the doyng thereof ii.d. and not aboue, and the fourme thereof shalbe as foloweth: Memorand. that A B. late seruaunt to C D. of E. husbandman, or Taillour .&c. in the sayd Countie, is licensed to depart from his sayde maister, and is at his libertie to serue els where, accordyng to the Statute in that case made and prouided. In witnesse wher­of .&c. dated the day, moneth, yere, & place .&c. of the making therof.

And be it further enacted by thaucthoritie aforesaid, that no per­son or persons that shal depart out of seruice, shalbe reteyned or ac­cepted into any other seruice, without shewing before his reteinor such testimonial as is aboue remembred, to the chiefe officer of the towne corporate: and in euery other towne & place, to the Consta­ble, Curate, Churchwarden or other head officer of the same where he shalbe reteyned to serue, vpon the paine that euery such seruaūt so departing without such certificat or testimonial, shalbe impriso­ned, vntyll he procure a testimoniall or certificat, the whiche yf he cannot do within the space of .xxi. dayes next after the first day of his imprisonment: then the said person to be whipped & vsed as a vacanbond, accordyng to ye lawes in such cases prouided. And that euery person reteyning any such seruaunt without shewyng such [Page 19] testimonyall of certificat, as is aforesayde, shall forfeyte for euerye suche offence fyue poundes. And yf any suche person shalbe taken with any counterfeyte or forged testimoniall, then to be whipped as a vagabound.

And be it further enacted, by the auctoritye aforesayde, that all artificers and laborers, beinge hyred for wages, by the daye or weeke, shall betwixt the middes of the monethes of Marche and September, be and continue at their worke, at or before fyue of the cloke in the mornynge, and continue at worke, and not de­parte, vntyll betwixt seuen and eyght of the clocke at night (except it be in the tyme of breakefast, dynner, or drynkynge, the whiche tymes at the most, shall not excede aboue two houres and a halfe in the daye, that is to saye, at euery drynkynge, one halfe houre, for his dynner one houre, and for his slepe when he is allowed to slepe, the whiche is from the myddest of May, to the myddest of August, halfe an houre at the most, and at euery breakefast one halfe houre, and all the sayde artifiters and laborers, betwene the myddest of September, and the middest of Marche, shalbe and continue at their worke, from the sprynge of the daye in the mornynge, vntyl the night of the same daye, excepte it be in tyme afore appointed for breake­fast and dynner, vppon payne to lose and forfeyte one peny for euery houres absence; to be deducted and defaulked oute of his wages, that shall so offende.

And be it also enacted by the auctoritie aforesayde, that euery arti­ficer and laborer, that shalbe lawfully reteyned in, or for the buyldyng or reparyng of any Church, House, Ship, Mylne, or euery other peece of worke taken in greate, in taske or in grosse, or that shall hereafter take vppon hym to make or fynyshe any suche thynge or worke, shall continue, and not departe from the fame, onles it be for not payinge of his wages or hyer agreed on, or otherwise lawefully taken or ap­pointed to serue the Quenes Maiestie, her heires or successours, or for other lawfull cause, or without lycense of the maister or owner of the worke, or of hym that hath the charge therof, before the finishyng of the sayd worke, vpon payne of imprisonment by one moneth with­out bayle or mainprise, and the forfeyture of the summe of fyue pounds to the partie, from whome he shall so departe, for the whiche the sayd partie may haue his action of debte againste him that shal so departe, in any of the Quenes Maiesties courtes of record, ouer & besides such ordinary costes and damages, as may or ought to be recouered, by the comen lawes, for or concernynge any suche offence. In which action, no protection, wager of law; or essoygne, shalbe admitted. And that no other artificer or laborer reteyned in any seruice, to worke wyth the Quenes Maiestie, or any other person, departe not from her sayde [Page] Maiestie, or from the sayde other person, vntyll suche tyme as the worke be fynished, yf the person so reteynynge the artificer or laborer so longe wyll haue hym and pay hym his wages, or other dueties, vpon paine of imprisonment of euery person, so departing, by the space of one moneth.

And for the declaration and lymitation, what wages seruauntes, laborers and artificers, eyther by the yeare or daye, or otherwise shall haue and receaue: Be it enacted, by the auctoritye of this present Par­liamente, that the Iustices of peace of euery shyre, rydynge, and li­bertye, within the lymittes of their seuerall commissions, or the more parte of them, beinge then resyant within the same, and the Sheriffe of that Countie, if he conueniently may, and euery Maior, Baylyfe, or other head officer within anye Citye or towne corpo­rate, wherin is anye Iustice of peace within the lymittes of the saide Citye, or towne corporate, and of the sayde corporation, shall before the tenth daye of Iune, next commynge, and afterwarde, shall yere­ly at euery generall Sessions firste to beeholden and kepte after Easter, or at sometyme conuenient, within six wekes next folowing euery of the sayde feastes of Easter, assemble them selues together, and they (so assembled) callynge vnto them suche discrete and graue persons of the sayde Countie, or of the sayd Citie or towne corporate, as they shall thynke mete, and confetrynge together, respectynge the plentie or scarsitie of the tyme, and other circumstaunces necessa­ryly to be considered, shall haue auctoritye by vertue hereof, within the lymittes and precinctes of theyr seuerall commissions, to lymit, rate, and appointe the wages, aswel of suche and so many of the sayde artificers, handy craftes men, husbandmen, or anye other laborer, seruaunte, or woorkemen, whose wages in tyme past hath ben by any lawe or statute rated and appointed, as also the wages of all other laborers, artificers, workemen, or apprentices of husbandry, whiche haue not ben rated, as they the same Iustices, Maiors, or head officers within their seuerall commissions or liberties, shall thinke mete, by theyr discressions to be rated, lymitted or appoin­ted, by the yeare, or by the daye, weke, monethe, or otherwyse, wyth meate and drynke, or without meate and drynke, and what wages euery workeman or laborer shall take by the greate, for mowynge, reapynge or thresshynge of corne and grayne, and for mowynge or ma­kinge of hey, or for ditchinge, palynge, raylynge, or hedgynge, by the rodde, perche, lugge, yarde, pole, rope, or foote, and for any other kynde of reasonable labours or seruice, and shal yerelye before the xii. daye of Iulye, nexte after the saide assessement and rates so appointed and made, certifie the same, ingrosed in parchement with ye considerations & causes therof, vnder their handes and seales, into the Quenes most [Page 20] honorable Court of Chauncery, wherupon it shalbe lawefull to the lorde Chauncelour of England, or L. keper of the great seale for the tyme beyng, vpon declaration thereof, to the Quenes Maiestie, her heires or successours, or to the Lordes and others of the pryuye Councel, for the tyme beinge, attendaunt vpon their persons, to cause to be printed and sent downe before the firste daye of September nexte after the sayde certificat, into euery Countye, to the Sheriffe, and Iustices of peace there, and to the sayde Maior, bayliffes and head officers, tenne or twelue proclamations or more, conteynyng in euerye of them; the seuerall rates appointed by the sayde Iu­stices, and other head officers as is aforesayde, with commaun­dement by the sayde proclamations to all persons, in the name of the Quenes Maiestie, her heires or successors, straightlye to ob­serue the same, and to all Iustices, Sheriffes, and other officers, to see the same duelie and seuerely obserued, vpon the daunger of the punishement and forfeytures lymitted and appointed by this esta­tute. Vppon receypte wherof, the sayde Sherifes, Iustices of peace, and the Maior and head officer in euery Citie or towne corpo­rate, shall cause the same proclamation to be entred of record, by the clerke of the peace, or by the clerke of the Citie or towne cor­porate: and the sayde Sheriffes, Iustices, and other the sayde Maior and head officers, shall foorthwith in open markettes, vpon the market dayes before Michelmas then ensuynge, cause the same proclamation to be proclamed in euerye Citie or market towne, within the lymittes of their Commission, and the same proclama­tion to be fixed in some conuenient place of the sayd Citie and towne, or in suche of the most occupyed market townes, as to the sayde Sherifes, Iustices of peace, and to the sayde Maior and head of­ficer, shalbe thought mete.

And if the sayde Sherifes, Iustices of peace, or the Maior and head officers, shall at their saide generall Sessions, or at any tyme af­ter, within syxe weekes then folowynge, vppon their assembly and conference togither, thynke it conuenient to reteyne and kepe for the yere then to come, the rates and proportion of wages, that they certifyed the yere before, or to chaunge or reforme them, or some parte of them: then they shall before the sayde .xii. daye of Iuly, yerely certifie into the sayde Court of Chauncerye their resolutions and determinations therin, to the intente that proclamations may accordynglye be renued and sent downe. And if it shall happen that there be no nede of anye reformation or alteration of the rates of the sayde wages, but that the former shalbe thoughte mete to be contynued: then the proclamations for the yere past, shall remayne in force vntill newe proclamations, vppon newe rates con­cernynge [Page] the sayde wages, shalbe sent downe, accordynge to the fourme of this Estatute.

And be it further enacted by auctoritie of this present Parlya­ment, that if all the sayd Iustices of peace, resiant within Coun­tyes, where they are or shalbe Iustices of peace, Maiors and head officers, do not before the tenth daye of Iune nexte commynge, and afterwarde, yearelye appeare and assemble at the sayde generall Sessions, or within syxe weekes nexte after the sayde generall Ses­sions, and lymitte, and rate the wages of the sayde seruauntes and laborers, or shall not consider whether the former rates made, be mete to be continued, or to be altered, and reformed in manner and fourme aforesayde, or be negligent, or remisse in the certificat therof in fourme aboue written: that then euery Iustice of peace of the Countie, and euery Maior and head officer of the Citie or towne corporate, in whom any suche defaulte or negligence shalbe founde, beinge within the sayde countie, Citie or towne corporate, at the tyme of the sayde nexte assemblye, or at the tyme of the saide Sessions, or at the tymes of the sayde rates of wages to be set, within syxe wekes nexte after euerye suche Sessions, and not vi­sited wyth any suche sickenes, as he coulde not trauell thyther without perill and daunger of his lyfe, or not hauynge anye other lawfull and good excuse to be allowed by the Iustices, then as­sembled for the ratinge and taxynge of wages, as is aforesayde, or by the more parte of them, vppon a corporall othe and affidauit to be taken and made openlye before the sayde Iustices vppon the holy Euangelistes, by some credyble person, assessed and taxed in the booke of Subsedye of that Countie, to the cleare value of fyue poundes at the leaste, or by suche other person as the most parte of suche Iustices shall allowe and accepte to take suche othe: shall for suche defaulte or negligence, forfeyte vnto the Queenes Maiestie, her heyres and successours, tenne poundes of laweful money of Eng­lande.

And be it further enacted by the auctoritie aforesayde, that yf any person, after the sayde proclamation shalbe so sent downe, and published, shal by any secret waies or meanes, directly, or indirect­ly, reteyne, or kepe any seruaunt, workeman or laborer, or shall geue any more, or greater wages, or other commoditie contrarye to the true intent and purporte of this statute, or contrary to the rates or wages that shalbe assessed or appointed in the sayde proclama­tions: that then euery persone that shall so offende, and be thereof lawfully conuicted before any the Iustices, or other head officers aboue remembred, or eyther of the sayde Presidentes and Coun­celles, shall suffer imprisonment by the space of tenne dayes, with­out [Page 21] bayle or maynepryce, and shall lose and forfeyte fyue poundes, of lawfull money of England. And that euery person, that shalbe so reteyned and take wages, contrary to this estatute, or any braunche therof, or of the sayde proclamation, and shalbe thereof conuicted before the Iustices aforesayde, or any two of them, or before the Maior, or other head officers aforesayde, shall suffer imprisonment, by the space of .xxi. dayes, wythout bayle or mayneprice. And that euery reteyner, promyse, gifte, or payment of wages, or other thinge whatsoeuer, contrary to the true meanynge of this estatute, and euery writinge and bond to be made for that purpose, shalbe vtterly voyde, and of none effect.

And be it enacted, by the auctoritie aforesaid, that if any seruaunt, workeman, or laborer, shall wilfully or maliciously make any assaulte, or affray, vpon his Maister, Maistres, or dame, or vppon any other, that shall at the tyme of suche assaulte or affray, haue the charge or oversight of any suche seruaunte, workeman, or laborer, or of the worke wherein the sayde seruaunt, workeman, or laborer is appointed or hyered to worke, and beinge therof conuicted before any two of the Iustices, Maior, or head officer aforesayde, where the sayde offence is committed, or before eyther of the sayde Lordes Presidents, and Councell before remembred, by confession of the sayd seruaunt, worke­man, or laborer, or by the testimony, witnesse, and othe of two honest men: that then euery suche offendor, shall suffer imprisonment by the space of one hole yere or lesse, by the discression of two Iustices of peace, if it be without a towne corporate: and if it be within any town corporate, then by the discression of the Maior, or head officer of the same towne corporate, with two others of the discretest persons of the same corporation at the least. And if the offence shal require fur­ther punishement, then to receaue suche other open punishment, so as it extend not to lyfe, nor lymme, as the Iustices of peace in open Sessions, or the more part of them, or the said Maior, or head officer, and sixe, or foure at the least, of the discretest persones of the same cor­paration, before whom the offence shalbe examined, shall thinke conuenient for the qualitie of the sayde offence so done and com­mitted.

Prouyded alwayes, and be it enacted, by the aucthoritye afore­sayde, that in the tyme of hey or corne haruest, the Iustices of peace, and euery of them, & also the Constable or other head officer of euery towneship, vpon request, & for the auoyding of the losse of any corne, grayne, or hey, shal & may cause all suche artificers and persons, as be mete to labour, by the discressions of the sayd Iustices or Constables, or other head officers, or by any of them, to serue by the daye, for the mowing, reapyng, shearing, gettyng, or Innyng of corne, grayne and [Page] hey, accordynge to the skill and qualitye of the person, and that none of the sayde persons shall refuse so to do, vpon paine to suffer imprison­ment in the stockes, by the space of two dayes and one night. And the Constable of the towne, or other head officer of the same, where the saide refusal shalbe made, vpon complainte to hym made, shal haue auctoritye by vertue hereof, to set the sayd offendour in the stockes, for the tyme aforesayde, and shal punishe hym accordingly, vpon payne to lose and forfeyte for not doynge therof, the summe of .xl.s.

Prouided also, that all persons of the counties where they haue accustomed to go into other Shires for haruest worke, and hauynge at that tyme no haruest worke sufficient in the same towne nor coun­tie, where he or they dwelt in the winter then last past, bryngynge with hym or them a testimoniall vnder the hand and seale of one Iu­stice of the peace of the shyre, or other head officer of the town or place that he or they come from, testifiynge the same, for the which he shall pay not aboue one peny (other then such persons as shalbe reteyned in seruice, accordyng to the fourme of this estatute) may repayre and re­sorte in haruest of hey or corne, from the countryes wherin their dwel­lynge places are, into any other place or Countie, for the only mow­ynge, reapynge and getting of hey, corne and grayne, and for the onely workyng of haruest workes, as they might haue done before the ma­kynge of this estatute: Any thynge herein conteyned to the contrary notwithstandynge.

And be it further enacted by the auctoritye aforesayde, that two Iustices of peace, ye Maior, or other head officer of any citie, borough or towne corporate, & two Aldermen: or two other discrete Burgeses of the same Citie, borough, or towne corporate, yf there be no Alder­men, shall and may by vertue hereof, appoint any such woman, as is of the age of .xii. yeres, and vnder the age of .xl. yeres, and vnmaryed, and forth of seruice, as they shall thynke meete to serue, to be reteyned or serue by the yere, or by the weke or day, for suche wages, and in such reasonable sorte and maner, as they shall thynke mete. And if any such woman shall refuse so to serue, then it shalbe lawfull for the sayde Iu­stices of peace, Maior or head officers, to comit such woman to ward, vntill she shalbe bounden to serue, as is aforesaide.

And for the better aduauncement of husbandry and tillage, and to the intente that such as are fyt to be made apprentices to husbandry, may be bounden therevnto: Be it enacted by the auctoritie of this pre­sent Parliament, that euery person being an housholder, and hauing, and vsynge halfe a ploughe land at the least in tillage: may haue and receaue as an apprentice, any persone aboue the age of tenne yeres, and vnder the age of .xviii. yeres, to serue in husbandry, vntil his age of xxi. yeres at the least, or vntill the age of .xxiiii. yeres, as the parties can [Page 22] agree, and the saide reteynour and takyng of an apprentice, to be made and done by indenture.

And be it further enacted, that euery person being an housholder, and .xxiiii. yeres olde at the least, dwelling, or inhabityng, or whiche shall dwell and inhabite in any cytie or towne corporate, and vsynge, and exercisyng any arte, mystery or manuell occupation there, shal and may after the feaste of Saint Iohn Baptist next comminge, durynge the tyme that he shall so dwell or inhabite, in any such Citie or towne corporate, and vse, and exercise any suche art, mystery or manuell occu­pacion: haue and reteyne the sonne of any free man, not occupying hus­bandry, nor being a labourer, & inhabiting in the same, or in any other Citie or towne, that now is, or hereafter shalbe, and continue incor­porate, to serue and be bounde as an apprentice, after the custome and order of the Citie of London, for seuen yeres at the least, so as the terme and yeres of suche apprentice, do not expire or determine, afore suche apprentice shalbe of the age of .xxiiii. yeres at the leaste.

Prouyded alwayes, and be it enacted, that it shall not be lawfull to any person dwellynge in any Citie or towne corporate, vsynge or exercisynge any of the mysteries, or craftes of a marchaunt traffic­quinge by trafficque, or trade into anye the partes beyonde the Sea, Mercer, Draper, Goldsmyth, Irenmonger, Inbroderer, or Clothear, that doth or shal put clothe to makynge and sale, to take anye appren­tice or seruaunt, to be enstructed or taught in any of the arts, occupa­tions, craftes or mysteries, whiche they or any of them do vse or exer­cise, except suche seruaunt or apprentice be his son, or els that the fa­ther or mother of suche apprentice or seruaunt, shall haue at the tyme of takynge of suche apprentice or seruaunt, landes, tenements, or other hereditamentes, of the clere yerely value of .xl.s. of one estate of enheri­taunce, or free hold at the leaste, to be certified vnder the handes and seales of three Iustices of the peace, of the shire or Shires, where the said landes, tenementes, or other hereditamentes, do or shal lye, to the Maior, Bailyf, or other head officers of such Citie or towne corporate, and to be enrowled amonge the recordes there.

And be it further enacted, that from and after the saide feast of Saint John the Baptist nexte, it shalbe lawfull to euery person be­inge an housholder, and .xxiiii. yeres olde at the least, and not occu­pying husbandry, nor beynge a laborer, dwellinge or inhabitynge, or that shall hereafter dwell, or inhabit in any towne, not beynge incor­porate, that nowe is, or hereafter shalbe a market towne, so longe as the same shalbe wekely vsed & kept as a market towne, and vsyng or exercisynge any arte, mysterye, or manuell occupation, durynge the tyme of his abode there, and so vsyng, and exercisyng suche art, my­stery, or manuell occupation as aforesayde, to haue in like maner to [Page] apprentice, or apprentices, the child or children of any other artificer, or artificers, not occupying husbandry, nor beyng laborer, whiche nowe doe, or hereafter shall inhabyte or dwell in the same, or in anye other suche market towne, within the same Shyre, to serue as ap­prentice, or apprentices, as is aforesayd, to any suche arte, mystery, or manuell occupation, as hath ben vsually exercised in any suche mar­ket towne, where suche apprentice shalbe bounde in maner and forme aboue sayd.

Prouided alwayes, and be it enacted, that it shall not be lawfull to any person, dwellynge or inhabitynge in any suche market towne, vsinge or exercisynge the feate, mistery, or art of a marchant, traffic­quinge or trading into the parties beyond the Seas, Mercer, Dra­per, Goldsmith, Irenmonger, Imbroderer, or Clothear, that doth, or shal put cloth to making & sale, to take any apprentice, or in any wise to teach or instructe any persone in the artes, sciences, or misteries last before recited, after the feast of Saint Iohn Baptist aforesaid, except such seruaunt or apprentice shalbe his sonne, or els that the father or mother of suche apprentice, shall haue landes, tenementes, or other he­reditamentes, at the tyme of taking of suche apprentice, of the clere yerely value of three poundes, of one estate of inheritaunce, or free­holde, at the least, to be certifyed vnder the handes and seales of three Iustices of the peace, of the Shyre or shyres where the sayd landes, tenementes, and other hereditamentes, do or shall lye, to the head officers, or head officer of suche market towne, where suche appren­tice or seruaunt shalbe taken, there to be enrolled by suche head offi­cer, alwayes to remayne of recorde.

And be it further enacted, that from and after the saide feast, it shalbe lawfull to any person, vsynge or exercisinge the art or occupa­tion of a Smith, whelewright, Plowewright, Mylwright, Car­penter, Rough mason, Plasterer, Sawyer, Lyme burner, Brycke maker, Bricklayer, Tyler, Slater, Helyer, Tylemaker, Linnen weuer, Turner, Couper, Myllers, Earthen potters, Wollen weuer, weuinge huswyfes or houshold cloth only, and none other cloth, Fuller, other­wyse called Tucker, or walker, burner of ore and woade ashes, That­cher, or Shingler, wheresoeuer he or they shal dwell, or inhabite, to haue or receaue the sonne of any persone, as apprentice, in maner and fourme aforesaid, to be taught and instructed in these occupations on­ly, and in none other, albeit the father or mother of any suche appren­tice haue not any landes, tenementes, nor hereditamentes.

And be it further enacted, by the auctoritie aforesayd, that after the first day of May, next comminge, it shal not be lawfull to any per­sone or persones, other then suche as nowe do lawfully vse or exercise any arte, mistery, or manuell occupation, to set vp, occupye, vse, or [Page 23] exercise any craft, mistery or occupation, nowe vsed or occupied with­in the Realme of England, or Wales, except he shal haue ben brought vp therin seuen yeres at the least as apprentice, in maner and fourme aboue said, nor to set any person on worke in suche mistery, art, or oc­cupation, beinge not a workeman at this day, except he shal haue ben apprentice, as is aforesaide, or els hauing serued as an apprentice, as is aforesaid, shall or wil become a Iorneyman, or be hyred by the yere, vpon paine that euery person willingly offendinge, or doinge the con­trary, shall forfeit and lose for euery default .xl.s. for euery moneth.

Prouided alwaies, and be it further enacted, by the auctoritie afore­sayd, that no person or persons, vsynge or exercisyng the art or mistery of a wollen cloth weuer, other then such as be inhabityng within the counties of Cumberland, Westmerland, Lancaster, and Wales, wea­uing Fryzes, Cottons, or houswyfes cloth only, makyng and weauing wollen cloth, commonlye solde, or to be solde by anye clothe man or clothear: shall take and haue any apprentice, or shall teache, or in any wyse instructe any person or persons, in the science, art or occupation of weauinge aforesaid, in any village, towne or place (Cities, townes corporate, and market townes only except) vnlesse such person be his sonne, or els that the father or mother of suche apprentice or seruaunt, shall at the tyme of the takynge of suche person or persons to be an apprentice or seruaunt, or to be so instructed, haue landes and tene­mentes, or other hereditamentes, to the cleare yerely value of three poundes, at the least, of an estate of inheritaunce or frehold, to be cer­tifyed vnder the handes and seales of three Iustices of the peace, of the Shire or shires where the sayde landes, tenementes, and other hereditamentes, do or shal lye. The effect of the indenture, to be registred wythin three monethes, in the parishe where suche maister shall dwell, and to paye for suche registringe .iiii.v. vpon paine of for­feyture of .xx.s. for euery moneth that any person shall otherwyse take any apprentice, or set any suche person on worke, contrary to the meanynge of this article.

And be it further enacted, by the auctoritie aforesayde, that all and euery person or persons, that shall haue three apprentices in any of the sayd craftes, mysteries, or occupations, of a clothmaker, Fuller, Shereman, Weuer, Tailor, or shomaker, shall reteyne and kepe one Iorneyman, and for euery other apprentice, aboue the nomber of the said three apprentices, one other Iorneyman, vpon paine for euery de­fault therin tenne poundes.

Prouided alwayes, that this acte nor any thynge therin con­teyned, shall not extend to preiudice or hinder any liberties hereto­fore graunted by any acte of Parliament, to or for the companye and occupation of Worsted makers, and Worsted weuers within the Citie [Page] of Norwych, and els where within the Countie of Northfolck, which liberties be in force, vntil the beginninge of this present Parlyament: Any thynge herein conteyned to the contrary in any wyse notwith­standynge.

And be it further enacted, that if any person shalbe required by any housholder, hauinge and vsynge halfe a ploughe land, at the least in tyllage, to be an apprentice, and to serue in husbandry, or in anye other kynde of art, mistery, or science before expressed, and shall refuse so to do: that then vpon the complaint of suche housekeeper, made to one Iustice of the peace, of the Countie wherin the sayd refusall is or shalbe made, or of suche housholder inhabitinge in any Citie, towne corporate, or market towne, to the Maior, Bayliffes, or head officer of the saide Citie, towne corporat, or market towne, if any suche refusall shall there be, they shal haue ful power and auctoritie by vertue hereof, to sende for the same person so refusyng: And if the said Iustice, or the sayd Maior or head officer, shall thinke the saide person mete and con­uenient to serue as an apprentice in that art, labour, science, or mistery, wherin he shalbe so then required to serue: That then the saide Iu­stice, or the saide Maior or head officer, shall haue power and aucto­ritye by vertue hereof, if the said person refuse to be bounde as an ap­prentice, to commit hym vnto ward, there to remayne vntyll he be contented, and wilbe bounden to serue as an apprentice shulde serue, accordinge to the true intent and meanynge of this present acte.

And if any suche maister shall mysuse or euill intreate his apprentice, or that the said apprentice shall haue any iuste cause to complaine, or the apprentice do not his duetie to his maister: Then the said maister, or prentice, beinge greued and hauinge cause to complayne, shall re­paire vnto one Iustice of peace, within the sayde Countie, or to the Maior or other head officer of the Citie, towne corporate, market towne, or other place where the saide maister dwelleth, who shal by his wysdome and discretion take such order and direction betwene the saide maister and his apprentice, as the equitie of the cause shall require. And if for wante of good conformitie in the said maister, the saide Iustice of the peace, or the saide Maior or head officer, can not compound, & agree the matter betwene hym and his apprentice: then the saide Iustice, or the saide Maior, or other head officer, shall take bande of the said maister, to appeare at the next Sessions, then to be holden in the said Countie, or within the said Citie, towne corporat, or market towne, to be before the Iustices of the said Countie, or the Maior or head officer of the said towne corporate, or market towne, if the saide maister dwell within any such, and vpon his apparaunce, & hearing of the matter before the said Iustices, or the said Maior, or other head officer, if it be thought mete vnto them, to discharge the [Page 24] saide apprentice of his apprenticehod, that then the said Iustices or foure of them at the least, wherof one to be of them Quorū, or the said Maior or other head officer, with the consent of three other of his bre­thren, or men of best reputation within the said Citie, towne corporate or market towne, shal haue power by auctoritie hereof, in writing vn­der their handes and seales, to pronounce and declare, that they haue discharged the saide apprentice of his apprenticehode, and they cause therof, and the said writing so being made and inrolled by the clerke of the peace, or towne clerke, amonges the records that he kepeth, shal be a sufficient discharge for the said apprentice against his maister, his executours and administratours, the indenture of the said apprentice­hode, or any lawe or custome to the contrary notwithstanding. And if the defaulte shalbe founde to be in the apprentice, then the saide Iu­stices, or the saide Maior, or other head officer, with the assistentes aforesaid, shal cause such due correction, & punishment to be ministred vnto hym, as by their wysdome and discretions shalbe thought mete.

Prouyded alwayes, and be it enacted, by aucthoritie of this pre­sent Parlyament, that no person shall by force or colour of this esta­tute, be bounden to enter into any apprenticeship, other then suche as be vnder the age of .xxi. yeres. And to thende that this estatute, may from tyme to tyme be carefully diligently put in good exe­cution, according to the tenure and true meanyng therof:

Be it enacted by auctoritie of this present Parliament, that the Iustices of peace of euery Countie, deuidyng them selues into seueral lymittes, and lykewise euery Maior and head officer of any Citie, or towne corporat, shall yerely betwene the feast of Saint Michaell the Archangel, & the Natiuitie of our Lord, and betwene the feast of the Annunciation of our Lady, and the feaste of the Natiuitie of Saint Iohn the Baptist, by all such wayes & meanes, as to their wysdomes shalbe thought moste mete, make a special and diligent inquirie of the braunches and articles of this estatute, and of the good execution of the same, and where they shal fynde any defaultes, to see the same se­uerely corrected and punished, without fauour, affection, malice or displeasure.

And in consideration of the paines and trauell that the said Iu­stices of peace, and the said Maior, and head officer, shal take and su­steine, in, and about the execution of this estatute, it is further ordey­ned and enacted, by auctoritie of this present Parlyament, that euery Iustice of peace, Maior, or head officer, for euery day that he shall syt in, & about the execution of this estatute, shall haue alowed vnto hym fyue shyllinges, to be alowed and payd vnto hym, or vnto the sayde Maior or head officer, of the fynes and forfeitours of the paynes and penalties that shalbe forfeited, and due vnto the Queenes Maiestie, [Page] her heires or successors, by force of this estatute, in suche maner and fourme, as the said Iustices haue ben heretofore commonly payed, for their comming & charges at the quarter Sessions, so that the sytting of the said Iustices, or Maior, or head officer, be not at any one tyme aboue .iii. dayes, and for the matters conteyned in this estatute.

And be it enacted by auctoritie aforesaide, that the one halfe of all forfeytures and penalties, expressed and mentioned in this statute, other then suche as are expresly otherwyse appointed, shalbe to oure soueraigne Ladye the Quenes Maiestie, her heires and successors; and the other moytie to hym or them that shall sue for the same, in any of the Quenes Maiesties Courtes of record, or before any of the Iustices of Oyer & terminer, or before any other Iustices, or Presi­dent and Counsell before remembred, by action of debte, Informa­tion, bill of complainte, or otherwise: in whiche actions or suites, no protection, wager of lawe or, essoygne shalbe alowed, & that the said Iustices, or two of them, whereof one to be of the Quorum, and the said Presidentes and Counsell as is aforesaid, and the said Maiors, or other head officers of Cities or townes corporate, shall haue full power and auctoritie to heare and determine al and euery offence and offences, that shalbe committed or done againste this estatute, or against any braunche thereof, aswell vppon indictment to be taken before them, in the Sessions of the peace, as vpon Information, action of debte, or bill of complaint, to be sued, or exhibited by any per­son. And shall, and may by vertue hereof, make proces against the de­fendaunt, and award execution, as in any other case they lawfully may by any the lawes and statutes of this Realme, and shall yerely in Michelmas terme, certifie by estreate the fynes and forfeitours of euery the offences conteyned in this estatute, that shalbe founde be­fore them, into the court of the Exchequer, in like sorte and fourme, as they be bounde to certifie the estreates for other offences and for­feitours to be loste, before them: Any thynge in this statute, con­teyned to the contrary notwithstandyng.

Prouided alwayes, that this acte or any thinge therin conteyned or mentioned, shall not be preiudiciall or hurtfull to the Cities of London, and Norwych, or to the lawfull liberties, vsages, customes, or priuileges of the same Cities, for or concerning the hauynge, or ta­kyng of any apprentice or apprentices, but that the Citezins and Freemen of the same Cities, shall and maye take, haue and reteyne apprentices there, in suche maner and fourme, as they might lawfully haue done before the makynge of this statute: This acte or any thing therein conteyned to the contrary in any wyse notwithstandynge.

And be it also further enacted, that all Indentures, couenauntes, promyses, and bargaynes, of, or for the hauing, takyng, or kepynge of [Page 25] any apprentice, otherwyse hereafter to be made or taken, then is by this statute lymitted, ordeyned and appointed, shalbe clerely voide in the lawe to all intentes and purposes, and that euery person, that shall from henceforth take, or newly reteyne any apprentice, con­trary to the tenour and true meanynge of this acte, shall forfeit and lose for euery apprentice so by hym taken, the summe of .x. li.

And because there hath ben, and is some question and scrupule moued, whether any person, beynge within the age of .xxi. yeres, and bounden to serue as an apprentice, in any other place then in the said Citie of London, shuld be bounden, accepted, & taken as an apprentice.

For the resolution of the saide scruple and doubte: Be it en­acted, by aucthoritie of this present Parlyament, that all and euery suche person or persons, that at any tyme or tymes, from hence­forth shalbe bounden by Indenture, to serue as an apprentice, in any arte, science, occupation or labor, accordynge to the tenour of this estatute, and in maner and fourme aforesaide, albeit the same appren­tice, or any of them, shalbe within the age of .xxi. yeres, at the tyme of makynge of their seuerall Indentures: shalbe bounden to serue, for the yeres in their seuerall Indentures conteyned, as amply and lar­gely to euery entent, as yf the same apprentice were of full age at the tyme of the makynge of suche Indentures: Any lawe, vsage or cu­stome to the contrary, notwithstandynge.

Prouided alwayes, and be it enacted by the aucthoritie aforesaid, that the inhabitaunts nowe dwellyng or inhabitynge, or that here­after shall dwell, or inhabit within the towne of Godalmynge, with­in the Countie of Surray, within the lymittes of the Watche of the saide towne, may vse and exercise suche artes, misteries and occu­pations, and take, and vse apprentices and seruauntes, in suche ma­ner and fourme, as the inhabitauntes within market townes by this statute may lawfully do.

Prouided alwayes, and be it enacted by the auctoritie aforesayde, that all maner amerciamentes, fynes, issues and forfeitures, whiche shall ryse, growe, or come by reason of any offences or defaultes men­cioned in this acte, or any braunche thereof, within any Citie, or towne corporate, shalbe leuyed, gathered and receaued, by suche person or per­sons of the same Citie or towne corporate, as shalbe appointed by the Maior, or other head officers mentioned in this saide acte, to the vse and maintenance of the same Citie or towne corporate, in suche case and condition, as any maner other amerciamentes, fynes, issues or forfeitures haue ben vsed to be leuyed and imployed, within the same Citie or towne corporate, by reason of any graunt or charter from the Quenes Maiestie that nowe is, or of any her graces noble progeni­tours, made and graunted to the same Citie, borowe, or towne cor­porate, [Page] any thyng or clause before mentioned and expressed in this act to the contrary, notwithstandyng.

Prouided alwaies, that this acte, or any thing therin conteyned, shal not extend to any lawfull reteyninges or couenauntes, had or made be­fore the makynge of this acte, but that all and euery the parties to suche reteyninges or couenauntes, shall and may haue the same and lyke auantages of such reteyninges & couenauntes, and of the statutes heretofore in that behalfe prouided, as if this acte had neuer ben had, nor made: Any clause of repeal or other matter whatsoeuer in this acte to the contrary in any wyse notwithstanding.

And be it further enacted by the aucthoritie aforesayde, that if any seruaunt or apprentice of husbandry, or of any arte, science, or occu­pation aforesaid, vnlawfullye departe or flee into any other Shire, that it shalbe lawfull to the saide Iustices of peace, and to the saide Maiors, Bayliffes, and other head officers of Cities and townes corporate, for the tyme beinge Iustices of peace there, to make and graunte writtes of Capias, so many and suche as shalbe nedeful to be directed to the Sheriffes of the Counties, or to other head officers of the places, whyther suche seruauntes or apprentices shall so departe or flee, to take their bodies returnable before them, at what tyme shall please them, so that if they come by suche proces, that they be put in prison tyll they shall finde sufficient suertie, well and honestly to serue their maisters, maistresses, or dames, from whome they so departed or fledde, accordinge to the order of the lawe.

Prouided alwayes, that it shalbe lawful to the highe Constables of hundredes in euery Shire, to holde, kepe, and continue petie Ses­sions, otherwise called statute Sessions within the lymittes of their auctorities, in all Shires wherein suche Sessions haue ben vsed to be kepte, in suche maner and fourme as heretofore hath ben vsed and accustomed, so as nothinge be by them done therein contrarie or re­pugnaunt to this present Acte.

¶ An Acte touching certaine politique consti­tutions, made for the maintenaunce of the Nauye. The .v. Chapter.

FOr the better maintenaunce and encrease of the Nauye of this Realme of England: Be it enacted by the Quenes most excellent Maiestie, with the as­sent of the Lordes spirituall and temporall, and the Commons in this present Parliament assembled, and by the aucthoritie aforesaid, that from the first daye of [Page 26] Aprill, Anno Domini .M.D.lxiiii. and so from thense fourth, it shalbe lawfull to all and euery of the subiectes of our soueraigne Lady the Quene, her heires and successours, at his & their will and pleasure to carry and transporte out of this Realme, in the Shippes or other vessels of any the subiectes aforesaid, all and euery kyndes of hearring and other Sea fishe, to be taken vpon the Seas by any of the sub­iectes aforesayd (and acte of Parlyament or lawe to the contrary not­withstanding) and that all and euery person and persons, which shal by vertue of this acte transporte or carry any hearringes, or other Sea fishe, from or oute of any porte or harborough of this Realme, to any place out of the dominions of the Quenes Maiestie, her heires or successours, shalbe free from payment of any custome, subsedie or pondage monye for the same fyshe so carryed or transported, duringe the space of .iiii. whole yeres, beginning at the said first day of Aprill, M.D.lxiiii. and so further, during her Maiesties pleasure.

And be it further enacted, by the auctoritye aforesaid, that from the first daye of Maye next commynge, it shall not be lawfull to any person or persons in any port, Citie, towne, market, or other place within this Realme, to set price, make any restraynte, or take, or de­maunde tolle or taxe of any Sea fishe to be brought into this Realme or any part hereof, being taken by any of the subiects aforesaid, in the Shippes or other vessels of the same subiectes, vppon payne to euery person offendyng contrary to the meanyng hereof, to forfeite the value of the fyshe so restrayned, prysed, tolled, or taxed: Any libertie, custome, graunte, pryuiledge or other matter whatsoeuer to the contrary in any wyse, notwithstandynge.

Prouided alwayes, that this present acte, nor any thinge therein conteyned, shalbe preiudiciall or hurtfull to the Maior and Burgesses of the Kynges towne vpon Hull, or their successors Maiors and Bur­gesses of the same towne, or to any other officer, or minister of the same towne at any tyme hereafter: but that they and euery of them maye receyue, haue, and take all and euery suche tolle, customes, and summes of money of all and euery suche persone and persons, as is ly­mitted, appointed and set fourth by them to be taken, in an acte of Parlyament made in the .xxxiii. yere of the reigne of our late Soue­raigne lord Kyng Henry the eyght. And that neither the saide Maior and Burgesses of Kyngston vpon Hull, nor any inhabitaunte there, or any of them, shal take any aduauntage of that article of this Estatute, for the cariage of any hearrynges or salted fishe to anye the parties beyond the Sea: Any thing in this present acte mentioned, conteined, specified, or declared in any wyse to the contrary, notwithstanding.

Be it also enacted by the aucthoritie aforesaid, that no purueyour or other persone whatsoeuer, shall from the said first day of Maye, by [Page] vertue of any commission, or otherwise, take any hearring or Sea fishe from any of the subiectes afore mentioned, that shall take the same in the Shippes or other vessels of the saide subiects, as it is abouesaid, otherwise then by agrement of the owners or sellers of the same fishe, vpon payne for euery purueyour and other person whatsoeuer offen­ding contrary to the tenour of this acte, to forfeite the double value of the hearringes or fishe so to be taken. And it shalbe lawful for any per­son, being owner or seller of any suche Sea fishe so taken, as is afore­said, to withstand any person that will (by any colour of purueying or otherwise) demaunde any suche fyshe, or the tolle of any suche fishe without the good will of the owner or seller as aforesaid.

Prouided, that the fyshe called Composition fishe, heretofore graunted to the Quenes Maiestie by the subiectes of this Realme, trauelyng into Iseland, shalbe taken by her Maiesties officers and purueyours, in suche sorte as the same hath ben lawfully vsed to be taken before the making of this acte: and sauing to the Quenes Ma­iestie, her heires and successours, and to all other persons, suche fyshes as be knowen and vsed to be called Regal fishes, wherunto her Ma­iestie, or the saide other persons, haue, or shall haue right or interest, for suche recompence as heretofore hath ben accustomed.

And be it further enacted, by the aucthoritie aforesaid, that from the said first daye of Aprill, which shalbe in the yere of our Lord God, M.D.lxiiii. it shal not be lawfull to any person or persons, to bye of any straūger borne out of the Quenes Maiesties obeysaunce, or out of any straungers bottome, any hearringe, beinge not sufficiently salted packed and Casked, vpon paine to euery person and persons so bying, to forfeyte the hearringes so by hym or them to be bought, or the va­lue thereof. Prouided alwayes, that this braunche of this acte shal not extende to any hearringes to be bought, which by reason of ship­wrack shalbe brought into this Realme, but that it shalbe lawfull to al and euery person and persons, to bye all such hearringes so brought in by Shipwrack as aforesaide, as he or they lawfully might haue done before the makyng of this acte: Any thing in this acte conteyned to the contrary in any wise, notwithstanding.

Be it also further enacted by the aucthoritie aforesaid, that from the feaste of saint Iohn Baptiste nexte ensuinge, it shall not be lawe­full to any person or persons, to cause to be loden and caried in any bottom or bottoms wherof any straunger or straungers borne, then be owners, ship maisters, or parte owners, any kynde of fishe, victual, wares, or thinges, of what kynde or nature so euer the same shalbe, from one Porte or creke of this Realme, to an other porte or creke of the same Realme, vpon payne to euery one that shal offende, contrary to the true meanynge of this braunche of this present Acte, to forfeyt [Page 27] all the goods so laden or carryed, or the value therof. And that from hencefourth al Englishe hoyes & plates may crosse the Seas, as farre as Cane in Normandy, and Estward as farre as Norwey: the statute made in the firste yere of the Quenes Maiesties reigne, to the con­trary hereof notwithstanding.

And forasmuch as there is much deceiptful packing, vsed in Codde and Lynges, brought in Barrelles or other caske into this Realme: Be it therefore enacted, by the aucthoritie aforesaide, that from and after the first daye of Aprill, in the yere of our Lorde God. M.D.lxiiii. it shall not be lawfull to any person or persons, to bringe into this Realme, any Codde or Lynges in barelles, or other caskes, but louse in bulke, and by tale to be solde within this Realme, vpon paine for euery one that shall offende contrary to the tenour hereof, to for­faite all the Codde & Lynges, so to be brought in, or the value therof.

And be it further enacted, that from the feast of S. Michaell thar­chaungell next following, no person of persones whatsoeuer, shal bring into this Realme of Englande, or anye parte of the same, anye wyne commynge out of any of the dominions or countries belonging to the Crowne of Fraunce, or any woade called Tholosse woade in anye o­ther vessel or vesselles, but onlye in suche vessell and vesselles, wherof some Subiect or Subiectes of the Quenes Maiestye, her heires or Successours, shalbe then onely owner, or part owner, vpon payne to forfayt al wynes and woade, brought contrary to the meanyng here­of, accordinge to the meaninge of an Estatute, made in the time of the reigne of King Henry the seuenth, concerninge wine of the Duchie of Gascoyn and Guyon (Except that there may be brought into Wales, or any porte within the Countye of Monmouth, Rochell wines.)

Be it also enacted by the aucthoritie aforesaid, that from henceforth it shalbe lawful to all & euery owner & owners of shippes or vesselles, and to euery houshoulder vsinge & exercisynge the trade of the Seas, by fyshinge, or otherwise, and to euery Gonner or Gonners, common­lye called Canoners, and to euery Shipwright, to take and kepe one or more apprentice, or apprentices, to be brought vp in the said trade or trades, euery of the same apprentice, or apprentices, to be to them bounde for tenne yeres or vnder. And euery apprentice so taken, being aboue vii. yeares of age, shall be by the same couenauntes bounde, or­dered, and vsed to all ententes, accordinge to the custome of the Citye of London, so that the same couenaunt or bonde of Apprentishippe be made by writinge, indented and enrolled in the towne where the same apprentice shalbe then inhabited, if it be a towne corpo­rate: and yf the towne be not encorporate, then to be enrolled in the next towne encorporate to the habitacion of euery suche Apprentice. And that the officers of euerye suche towne corporate, shall take for [Page] euery suche enrolement, not aboue .xii.d. Anye lawe, statute, or other matter, whatsoeuer to the contrarye, notwithstandinge.

And be it further enacted, that so muche of the Statute, made in the .v. and .vi. yeares of the late Kinge Edwarde the .vi. intytuled An act against Regrators, forestallers, and Ingrocers: And so much of all other Estatutes againste all Regratours, forestallers, and In­grocers, as doth and maye concerne the byinge of Sea fishe vnsalted, or mudde fyshe, or anye wine, oyle or salte, to be taken and brought in anye Englishe subiectes Shippes, Crayers, or other vessell, vnto anye porte, creeke, or place of this Realme: shall from hence­forth, to all ententes, constructions and purposes, be vtterlye re­pelled and voyde, for so muche of the saide oyles, wine, Sea fyshe, mudde fyshe and salte, as any Byer or Byers, vppon the Sea by waye of forstallynge or regratinge, shall or doe bringe and discharge in anye porte or hauen within this Realme. And for encrease of pro­uision of fishe by the more vsuall and common eatinge therof: Be it further enacted by the aucthoritie aforesaide, that from the feaste of Saint Michael The Archaungel in the yeare of our Lorde God. M.D. three score and foure, euerye Wednesdaye in euerye weke throughe the whole yeare, which heretofore hath not by the lawes or customes of this Realme bene-vsed and obserued as a fyshe daye, and whiche shall not happen to falle in Christmas weke, or Easter weke, shalbe hereafter obserued and kept as the Saterdayes in euery weke be, or ought to be, and that no maner of person shall eate anye fleshe on the same daye, otherwyse then oughte to be vppon the common Saterday.

And be it further enacted by the aucthoritie aforesaid, for the bene­fytte & commodities of this Realme, to grow aswel in maintenaunce of the Nauie, as in sparing & encrease of fleshe, victual of this Realme: that from & after the feast of Pentecoste next comminge, it shal not be lawful to any person or persons within this Realme to eate any flesh, vpon any dayes now vsuallye obserued as fyshe dayes, or vppon any wednesday now newly limitted to be obserued as fysh day, vpō paine that euery person offendyng herein shal forfait .iii.li. for euery time he or they shall offende, or elles suffer three monethes close imprisonment without bayle or maynprise. And euerye persone or persones wythin whose house any suche offence shalbe done, and beinge priuy, or know­inge therof, and not effectuallye punishinge or disclosinge the same, to some publyque officer, hauinge aucthoritie to punyshe the same, for euery suche offence, to forfeyt fortie shillinges. All whiche forfeytures for not abstaynynge from meates, shalbe deuyded into three equall partes: That is, one part to the vse of the Quenes Maiestye, her heires or successours, the other parte to the informer, the thyrde, to [Page 28] the common vse of the parishe, where the offence is or shalbe commit­ted, and to be leuyed by the Churche wardens, after any conuiction in that behalfe.

Prouided alwayes, and be it enacted, that this acte, nor any thing herein conteyned, concernyng eating of fleshe, shall in any wise extende to any person or persons, that shall hereafter haue any special license, vpon causes to be conteyned in the saide lycense, and to be graunted accordynge to the lawes of this Realme in suche cases pro­uided. Al and euery which said license and lycenses shalbe voide to all ententes, vnlesse the same conteyne the conditions hereafter mentio­ned: That is to say, euery license made to any person or persons, being of the degree of a Lord of Parlyament, or of their wyues, shalbe vpon condition, that euery suche person so to be lycensed, shall paye to the poore mens boxe within the parishe where they shal dwell or remaine, in the feaste of the Purification of the blessed virgin Mary, or within vi. dayes after the same feaste .xxvi.s. viii.d. The same to be payde within one moneth next after the same feaste, vpon payne of forfeiture of euery suche license. And euery lycence to any person of the degree of a Knight, or a Knightes wife, shalbe vpon condition, that euery suche person so lycensed, shall paye yerely .xiii.s. iiii.d. to the vse aforesaide, and in fourme afore mentioned. And euery license to any person or per­sons, being vnder the degrees abouesaid, shalbe vpon condition, that euery suche person so licensed shall paye yerely .vi.s.viii.d. to the sayd vse, and in fourme afore mentioned.

Prouided alwayes, that no lycense shall extende to the eating of any Byefe, at any tyme of the yere, nor to the eating of any Veale in any yere, from the feaste of Saint Michaell the Archangell, vntyl the first daye of Maye.

Prouided also, that all persons whiche by reason of notorious sycknes, shalbe enforsed for recouerye of health to eate fleshe, for the tyme of their sicknes, shalbe sufficiently lycensed by the Byshoppe of the diocesse, or by the Parson, Vycar, or Curat, of the parishe where suche person shalbe sicke, or of one the nexte parishe adioyninge, if the saide Parson, Vicar, or Curat of his or their owne parishe be wilful, or if there be no Curate within the same parishe. Which lycense shalbe made in writinge, signed with the hande of the Byshoppe of the dio­ces, or of the Parson, Vycar, or Curate, and not endure longer then the time of the sicknes. And that if the sicknes shal continue aboue the space of .viii. dayes, after suche lycense graunted: then the license shalbe registred in the Churche booke, with the knowledge of one of the Churche wardens, and the partie licensed shall gyue to the Cu­rate .iiii.d. for the entrye therof: And that license to endure no longer, [Page] but onlye for the tyme of his, her, or their sicknes. And if any license by any Parson, Vicar or Curate, be graunted to any person or per­sons, other then suche as euydentlye appeare to haue nede thereof by reason of their sicknes: not onlye euery suche lycense shalbe voyde, but also euerye suche Parson, Curate, or Vycare shall forfait for euerye suche lycense otherwyse graunted, fyue markes.

Prouided also, and be it enacted, that all lycenses heretofore graunted to any subiecte of this Realme, by any of the late Kynges, or by the late Quene Mary, or by the Quenes Maiestie now beinge, or by any Archebyshoppe of this Realme, hauinge aucthoritie so to do, shalbe of as good force in lawe for the wednesday, nowe ly­mitted, and other accustomed fyshe dayes, as they were before the makynge of this Acte for the saide other accustomed fyshe dayes, so as the parties lycensed do hereafter obserue all suche conditions as be lymitted in this estatute, to suche as hereafter shall obteyne any lycenses. And suche persons also as heretofore were or ought to be lycensed, by reason of age or other impediment, or cause, by order of the Ecclesiastical lawes, shal enioye the same priuilege and accustomed lycenses, any thinge in this Acte to the contrary hereof in any wise notwithstanding.

And be it enacted by the aucthoritie of this present Parliament, that no forfeiture of Shippe, Crayer, or other vessel, or of any apparel of the same, nor any other penaltie or forfeyture, shalbe extended or growe against any owner or owners of any Shippe, Crayer, or other vessell for the transportinge or carrying of any Wheate or other Corne, or thinges prohibited by the estatute made in the Parliament holden the firste and seconde yeres of Kynge Phillippe and Quene Mary, vnlesse the same owner or owners shalbe wittinge, knowinge, ay­dyng, or consentynge to the prohibited transporting or carryinge: the saide Estatute, or any thinge therein mentioned to the contrarye hereof in any wise notwitstandyng.

And be it further enacted by the aucthoritie of this present Par­liament, that all and euery person and persons, whiche be, or shal­be, by the lawes and estatutes of this Realme, or otherwise, auctho­rysed to sell wynes by retaile, in the seuerall Counties and places where they be, or shalbe so aucthorised: shall and maye from hence­fourth sell the saide wynes, by pynte, quarte, pottell, gallon, or otherwyse, at suche price or pryces, and in suche fourme, as shalbe ly­mitted by the Quenes Maiesties proclamation in that Countie or place, made with the assente of suche lordes and other persons, as by the statute made in the .xxviii. yere of the reigne of Kynge Henry the eyght, were aucthorised to set price vppon wynes in grosse, [Page 29] without any payne or forfeyture for the same: Any lawe, vsage, or estatute heretofore made or had to the contrary hereof in any wise notwithstandinge.

And be it further enacted, by the aucthoritie of this present Par­lyament, that from and after the feaste of saint Michael the Archan­gell next comming, it shalbe lawfull to all and euery person and per­sons, beinge subiectes of the Quenes Maiestie, her heires or succes­sours, only out of such portes, or crekes, as by the Quenes Maiesties proclamation hereafter shalbe published and appointed, and not els where, to lode, carrie or transporte any Wheate, Rye, Barley, Malte, Pease or Beanes, into any partes beyonde the Seas, to sell as a mar­chaundise, in shippes, Crayers, or other vessels, whereof any Englishe borne subiect then shalbe the only owners, so that the price of the sayde Cornes or graynes so caryed or transported, exceade not the prices hereafter followinge, at the tymes, hauens, and places where and when the same Corne or grayne shalbe shipped or laden: Vide. the quarter of Wheate at .x.s. the quarter of Rye, Pease or Beanes, at .viii.s. the quarter of Barley or malte at .vi.s.viii. d. of curraunte money of England: Any lawe, vsage, or estatute heretofore made to the contrary hereof in any wise notwithstandyng.

And where doubte hath heretofore ben, whether the statute in the xviii. yere of the reigne of Kyng Henry the .vi. heretofore made against Souldiours reteyned, which departe from their Captaines without lycense, did or ought to extended vnto Mariners & gonners seruing on the Seas, takynge wages of the kinge or Quene of this Realme: Be it expressed, ordeined, enacted, and declared, by aucthoritie of this present Parlyament, that the said estatute made in the saide .xxiii. yere of the reigne of Kynge Henry the .vi. in all paynes, forfeytures and other thinges, did, doth, and hereafter shall extende, aswell to all and euery Mariner and gonner, hauinge taken or shall hereafter take prest or wages to serue the Quenes Maiestie, her heires, or succes­sours, to all intentes and purposes, as the same did or doth vnto any souldyer: Any diuersities of opinion, doubte, matter, or thing to the contrary hereof in any wyse notwithstandyng.

And where an estatute concernynge sowyng of Flaxe and Hempe, was made and prouided in the Parlyament holden the .xxiiii. yere of the reigne of our late soueraigne Lorde Kynge Henry the eyght, to be vniuersall through euery Countie of this Realme, for the better prouision of nettes, for helpe and furtheraunce of fishinge, and for eschewinge of Idelnes:

Be it ordeined & enacted by aucthoritie of this present Parliament, that in euery suche Countie of this Realme, or parte of such Countie, where, by the Quenes Maiesties proclamation it shall hereafter be [Page] published, the saide estatute to be commodious or profitable for the common wealth: The said estatute, and euery clause, article and proui­sion therein conteyned, be and shalbe reuyued, and stande in full force and strength to be executed and perfourmed, from the feaste of saint Michaell the Archangell nexte comminge, in all thinges other then in the proportion of a Roade or fourth parte of an acre, & in the paine of .iii.s.iiii.d. by the said estatute limitted. In place whereof, be it or­deyned and enacted by the aucthoritie aforesaid, that in euery case and degree, where by the saide former estatute, one Roade or fourth parte of an Acre is lymitted to be sowne with lynseade, otherwise flaxe seade, or hempe seade, from the saide feaste of Saint Michaell the Archangel nexte comming: In steade and lewe of the saide Roade or iiii. parte of an Acre, one whole Acre, or lesse, as by proclamation in fourme aforesaide shalbe limitted, shalbe sowen with lynseade, other­wise flaxe seade, or Hempe seade, vpon payne of forfeyture of fyue poundes, for euery suche defaulte or offence.

And further be it ordeyned, and enacted by the aucthoritie afore­saide, that all and euery suche of the offences before mentioned, as hereafter shalbe done on the mayne Sea or costes of the Sea, beinge no parte of the bodye of any Countie of this Realme, & without the precincte, iurisdiction and liberties of the Sinque portes, and out of any hauen or peere: shalbe tryed and determined before the Lorde Ad­mirall of England, or his Lieuetenaunt, deputie, or deputies, & other Iustices of Oyer and terminer, according to the fourme of the saide estatute of Anno .xxviii. Henrici .viii. for causes of pyracie. And if the same shalbe done on the mayne Sea, or costes of the Sea, within the iurisdiction or libertie of the Synque ports, & out of any hauen or porte: then the same to be tried and determined before the sayde Lord warden of then sayd Syncque portes, or his Lieuetenaunt, or Iudge, or before Iustices of Oyer and terminer, according to the true fourme of the sayde estatute of Anno .xxxviii. Henry .viii. for causes of pyracie. And for all and singuler suche other of the offences before mentioned, as shalbe done in the lande, or within any hauen or peere: all Iustices of the peace in their Sessions, and Maiors, Sheriffes and Bailifes, and other head officers in Cities and townes corporate, in their Sessions, or other Courtes within the limittes of their com­missions or aucthorities shal haue full power and aucthoritie to in­quire of the offenders of this acte, aswel by the othes of .xii. men, as otherwise by information, and therevpon to heare and determine the same. And if any person or persons shalbe presented before the saide Iudges, Iustices, or officers within the lymittes of their auctorities, or anye information gyuen to them of any offender of this acte: that then they shal haue ful power and aucthoritie vpon any suche present­ment, [Page 30] or Information to make proces againste the offenders of this acte, lyke as is commonly vsed vpon enditementes of Trespasse. And yf any be presented, and afterwarde be conuicted by confession, or otherwise, that then euery suche person shall suffer no lesse forfeiture or punishement then herein is before lymitted: All whiche forfey­tures to be leuied, in maner and fourme following. That is to saye, suche forfeytures concernyng eatyng of fleshe, as are before lymitted to certeine vses, to be to the same vses in that behalfe before expressed, and all such forfeytures, as accordinge to the tenour of this acte shalbe determinable before the saide Iudges, Iustices, or other officers of the Admiralties aforesaide, or before Commissioners of Oyer and ter­miner in that behalfe, shalbe to the vse of the Lord Admirall of Eng­land, or Lord warden of the Syncque ports, where such offence shalbe presented, or where as the Iurisdiction of the cause shal apperteyne. And all such forfeitures, as accordyng to the tenour of this acte, shal­be determinable before Maiors, Sheriffes, Bayliffes, or other head officers of Cities or townes corporate, shalbe to the common vse of the Corporation of the saide Citie or towne corporate, where suche of­fences shalbe presented, or wheras the Iurisdiction of the cause shall apperteyne. And all suche forfeytours, as accordynge to the tenour of this acte, shalbe determinable before the Iustices of the peace, shalbe to the vse of the Quenes Maiestie, her heires and successours. And if any person shalbe conuict by confession, or otherwise vpō any Informa­tion, made by any person or persons against any offender or offenders of this acte, in any cause (saue for the eatinge of fleshe, firste before spe­ciallie lymitted) that then euery such person so conuict vpon any Infor­mation, shal lose suche forfeiture as is before lymitted, the one halfe thereof to be to suche as so shall make the Information, and the other halfe to those whiche vpon presentement, without speciall Infor­mation, are before lymitted to haue the whole forfeiture. And that for the leuyinge of euery forfeiture growing by this estatute, aswel the saide Lorde Admirall of England, Lorde warden of the Syncque portes, theyr Lieuetenaunts; and Iudges, as the sayde Iustices, Maiors, Sheriffes, Bayliffes and other head officers within the ly­mittes of their Commissions or aucthorities, haue and shall haue full power and aucthoritie to make such proces, as they shal thinke good by their discressions.

Prouided alwayes, that none Information at the su [...]e of an persone concernynge this acte, shalbe of any effect to put anye per­son to aunswere or losse of forfeiture, excepte the sayde Information be commenced within halfe a yere nexte after the offence done con­trary to this acte, nor that any Information or presentment for the Quenes Maiestie, her heires or successours, or for the Admirall, [Page] warden of the Sinque portes, Maiors or other officers aforesaide, be of any effecte, to put any person to any aunswere or losse of any for­feiture by vertue of this acte, excepte the saide Information or present­ment be within one yere nexte after the offence done and committed contrary to this acte.

Prouided and be it likewise enacted, that it shalbe lawfull to any person, or persons, to haue at his or their table vpō euery wednes­daye, beinge ordered by this estatute to be obserued as a fishe daye, one onely vsual competent dishe of fleshe, of one kind and no mo, so that he, she, or they haue also serued to the same table and mease at the same meale, their ful competent vsuall dishes of Sea fishe, of sundry kyndes, eyther freshe or salt, and that without fraude or couyn, and so shall also order, that the same fishe be mete and seasonable, and that it shalbe eaten or spent in like maner, as vpon Fridayes or Sa­terdayes in like cases are vsed.

And that also such persons as haue, or hereafter shall haue, vpon good and iust considerations, any lawfull license to eate fleshe vpon any fishe day (except suche persons, as for sicknes shall for the tyme be licensed by the Bishop of the dioces, or by their Curates, or shalbe licensed by reason of age, or other impediment allowed heretofore by the Ecclesiasticall lawes of this Realme) shalbe bounde by force of this statute, to haue for euery one dishe of fleshe serued to be eaten at their table, one vsuall dishe of Sea fishe, freshe or salte, to be likewyse serued at the same table, and to be eaten or spent without fraude or couin, as the lyke kinde is, or shalbe vsually eaten or spent on Sa­terdayes.

And that these two articles and clauses next aboue, shalbe taken and interpreted from tyme to tyme, in the fauoure of expence of Sea fishe, and that the offendour or offendours herein, shalbe punished in lyke maner, as is ordered by this estatute, for punishment of suche as shall eate fleshe vpon Fridayes, Saterdayes, or other fishe dayes.

And because no maner of person shall misiudge of the intent of this estatute, limittinge orders to eate fishe, and to forbeare eatinge of fleshe, but that the same is purposely intended and ment politikely for the increase of Fishermen, & Mariners, and repairing of port townes and nauigation, and not for any superstition to be mainteyned in the choyse of meates: Be it enacted, that who soeuer shall by prea­chinge; teachinge, writinge, or open speache notifie, that any eating of fishe, or forbearinge of fleshe mentioned in this statute, is of any necessitie for the sauinge of the soule of man, or that it is the seruice of God, otherwise then as other politike lawes are and be: that then suche person shalbe punished, as spreaders of false newes are or ought to be.

[Page 30]Be it enacted in the fauour of Fyshermen & Mariners, haunting the sea as Fyshermen or Mariners, that none of them shall hereaf­ter at any tyme be compelled agaynst his or theyr wyll, to serue as any souldiour vppon the lande, or vpon the sea, otherwyse then as a Mariner, except it shalbe to serue vnder any Captayne of some shyp or vessell for landyng, to do some speciall exploit, whiche Ma­riners haue vsed to do, or vnder any other person hauing aucthori­tie to withstande any inuasion of enemies, or to subdue any rebel­lion within the Realme, and also except all such persons as by te­nure, lawefull custome, or couenaunt, be or shalbe otherwyse bounde to serue.

Prouided alwayes, and be it enacted by aucthoritie aforesayde, that this Acte or any thyng therin conteyned, shall not extende to take away or diminishe any libertie, priuiledge, fraunches, forfai­ture or amerciament, fines, issues, wreckes of the Sea, or any other lawfull inheritaunce or free holde, from any person or persons, bodyes politique or corporate, theyr heyres or successours, for or touchyng any lawfull libertie, aucthoritie, or iurisdiction admi­rall, or for conseruation of any water, that they or any of them nowe haue lawfullye, or hereafter shall haue: Any thyng in the same to the contrary, notwithstandyng.

Prouided alwayes and be it further enacted by the aucthoritie aforesayde, that no Fysherman vsyng or hauntyng the sea, shalbe taken by the Quenes Maiesties Commission to serue her hyghnes as a Mariner on the Sea: but that the sayde Commission be first brought by her hyghnes taker or takers, to two Iustices of peace, next adioynyng and inhabytyng to the sayde Sea costes, Townes, or other places, where the sayd Mariners are so to be taken, to the intent the sayde Iustices may chose out, and cause to be returned such sufficient number of able men, as in the saide Cōmission shal­be conteyned, to serue her Maiestie as is aforesayde.

Sauyng alwayes to the Sinque Portes, and also to the towne of great Yarmouth, all such lawfull liberties as they iustly haue before the makyng of this Acte, touchyng the free fayer kepte at Yarmouth, other then in bying of straungers, and takyng of toll, as the same be before prohibited.

Prouided alwayes, that any thyng in this Acte conteyned, shall not be hurtfull or preiudiciall to any aucthoritie, style, prehemi­nence, dignitie, or iurisdiction, belongyng to the office of the Lord warden of the Sinque Portes.

Prouided alwayes, that it shall and may be lawfull to and for any person or persons beyng straungers borne, to bryng yerely in any Shyp, Bottome, or Vessell, wherof any stranger or strangers [Page] borne, is or shalbe owner or owners, into the Hauens, Portes, and Townes of the Isle of man, or into any of them, any of the wynes made in any of the dominions or countreys belongynge to the Crowne of Fraunce, and in the same Portes and Townes, or any of them, to discharge the said wynes so to be brought, so that there be not brought and discharged by the same straungers, in any such straungers shyppes, bottomes, or vesselles, in any one yere, in, or, at the sayde Hauens, Portes, and Townes, or any of them, aboue one hundred Tonnes at the most: This Acte or any thyng therin con­teyned to the contrary therof, notwithstandyng.

Prouided also, that it shall and may be lawfull to and for any person or persons beyng straungers borne, to bryng yerely in any shippe, vessel, or bottome, wherof any straunger or straūgers borne is or shalbe owner or owners, into the Hauen, Porte, and Towne of Chepestowe, in the Countie of Monmouth, any wynes made in any of the sayde dominions or countreys belongyng to the sayde Crowne of Fraunce, ouer and besydes all Rochell wynes hereto­fore in this Acte allowed to be brought, and in the same Port and Towne to discharge the sayde wynes, so that there be not brought and discharged by the same straungers, in any suche straungers shyppes, bottomes, or vesselles in any one yere, in, or at the sayde Hauen, Port, and Towne, aboue one hundred Tonnes at the most: This Acte or any thing therin conteyned to the contrary, notwith­standyng.

Prouided also, that it shall and may be lawefull to and for any person or persons beyng straungers borne, to bryng yerely in any shyppe, vessell, or bottome, whereof any straunger or straungers borne, is or shalbe owner or owners, into the Hauens, Portes, and Townes of Cardife, Caneruon, Beawmarrys, and other Hauens, Portes, and Townes in Southwales and Northwales, or any of them, and into the Hauen, Port, and Towne of Newporte, in the sayde Countie of Monmouth, any of the sayde wynes made in any of the sayd dominions or countreys belongyng to the said Crowne of Fraunce, ouer and besydes all Rochell wines heretofore in this Acte alowed to be brought, and in and at the same Portes and Townes, or anye of them, to discharge the sayde wynes so to be brought, so that there be not brought and discharged by the same straungers in any such straungers shyppes, bottomes, or vessels in any one yere, in, or at the said Hauens, Portes, & Townes, or any of them, aboue one hundred Tonnes at the most: This Acte or any thing therin conteyned to the contrary therof, notwithstandyng.

Sauing vnto the Quenes Maiestie, her heyres, and successours, all such dueties and thynges whiche her hyghnes, her heyres, and [Page 31] successours ought to haue, enioy, be aunswered and payde, for the sayde three hundred Tonnes of Wynes, mentioned in the said three laste prouisos, to be brought and discharged, as in the same three prouisos ben mentioned and declared: Any thing in this Acte to the contrary therof, notwithstandyng.

Prouided also, and be it further enacted by thaucthoritie aforesayde, that this Acte or any thyng or thynges therein con­teyned, shall not in any maner of wyse extende to geue vnto the Lorde Admirall of Englande for the tyme beyng, or to any his Viceadmiralles, Iudge or Iudges of the Admiraltie, his or theyr deputie or deputies, or to any other the officers or ministers of the Admiraltie, or to any others hauyng or claymyng any Admirall power, iurisdictions, or aucthoritie within this Realme and Wales, or any other the Quenes dominions: any other power, ryght, iurisdiction, preheminence, or aucthoritie, then he or they, or any of them lawfully haue, hath, or had, or ought to haue and enioye before the makyng of this Acte, other then for suche of the offences specified in this Acte, as hereafter shalbe done vppon the mayne Sea, within the iurisdiction of the Admiraltie: This Acte or any article, braunche, clause, prouision, or thing therin conteyned to the contrary therof, notwithstandyng.

This Act shall continue and endure vntyll the ende of ten whole yeres, to be accompted from the feast of Saint Michaell the Arch­angell, whiche shalbe in the yere of our Lorde God .M.D.lxiiii. and from thence, to the ende of the nexte Parliament then folow­yng the ende of the sayde ten yeres.

An Acte agaynst such as shall sell any Ware for Apparell without redy money. ¶ The .vi. Chapter.

BE IT enacted by aucthoritie of this present Parli­ament, that whatsoeuer person after the feast of Easter next, shall sell or by any meanes delyuer to any person, hauyng not in possession landes or fees to the clere yerely value of three thousand poundes auerrable and triable by bookes of Subsedyes, or by any other sufficient true way or meanes, any maner of foreyne stuffe or wares, not growen or fyrst wrought in any the Quenes Maiesties dominions, of what kynde, nature, name, or condition so euer the same be, appertaynyng or tendyng to the apparellyng, [Page] clothyng, deckyng, garnyshyng, or adornyng of the bodye, or the part of the body of any maner of person, for all the which stuffe or wares, or for the workemanship therof, or any part therof, the sel­ler, delyuerer, or worker, theyr executours or administratours, shal not haue receaued the whole money or full satisfaction eyther in hande, or within .xxviii. dayes after the sale, delyuery, or ma­kyng therof: that in euery such case, the seller, delyuerer, worker, or maker, theyr executours and administratours shalbe without all remedy by order of any lawe, custome, or decree, to recouer or demaunde any money or recompence for the sayde stuffe or wares, or for the workmanshyp of any parte thereof, what assuraunce so­euer he or they shall haue, by bonde, suertie, promise, or pawne, of the partie, or of any other on his or theyr behalfe to the contrary. And that all bondes and assuraunce whatsoeuer made in that case and for that purpose, by any meanes or wayes, directly or indirect­lye, shalbe vtterly voyde to all intentes. And this Acte shall en­dure onely to thende of the next Parliament.

An Act for the aduoydyng of diuers forreyne wares, made by handy craftes men beyonde the Seas. ¶ The .vii. Chapter.

WHere as heretofore the artificers of this Realme of England (aswel within the Citie of Londō, as with in other Cities, Townes, & Boroughes of the same Realme) that is to wit, Gyrdlers, Cutlers, Sadlers Glouers, Poyntmakers, & suche lyke handycraftes men, haue ben in theyr sayde faculties greatlye wrought and greatly set on worke, aswell for the sustentation of them selues, theyr wyues and families, as for a good education of a great part of youth of this Realme in good arte and laudable ex­ercyse: besydes the manifolde benefites that by meanes or by rea­son of theyr knowledges, inuentions, and continuall trauell, dayly and vniuersally came to the whole estate of the common wealth of this sayde Realme. Yet notwithstandyng, so nowe it is, that by reason of the aboundaunce of forreyne wares, brought into this Realme from the partes of beyonde the Seas, the sayde artificers are not only lesse occupyed and thereby vtterly impouerished, the youth not trayned in the said sciences & exercises, and thereby the sayde faculties & thexquisite knowledges therof lyke in short tyme within this Realme to decay: but also diuers Cities and Townes [Page 32] within this Realme of England much therby impaired, the whole Realme greatly endomaged, and other countreis notably enriched & the people therof wel set on worke to their cōmodities & liuinges, in the artes and sciences aforesayde, and to the great discourage of the skylfull workmen of this Realme, being in very dede nothing inferiour to any straunger in the faculties aforesayde.

For reformation wherof: Be it enacted by our soueraigne Lady the Quenes highnes, and by the Lordes spirituall and temporall, and the commons of this present Parliament assembled, & by the aucthoritie of the same, that no person or persons whatsoeuer, frō or after the feast of the Natiuitie of S. Iohn Baptist now next en­suyng, shall bring or cause to be brought into this Realme of Eng­lande frō the partes of beyonde the seas, any Gyrdels, harnesse for gyrdels, Rapiers, Daggers, Kniues, Hiltes, Pummelles, Lockets, Chapes, Dagger blades, Handels, Scabberdes, and Sheathes for kniues, Saddels, Horse harnesse, stirrops, Bittes, Gloues, Pointes Leather laces, or Pinnes, being redy made or wrought in any par­tes of beyond the Seas, to be solde, bartred or exchaunged within this Realme of England or Wales, vpon payne to forfaite all such wares so to be brought contrary to the true meaning of this Acte, in whose handes soeuer they or any of them shalbe founde, or the very value thereof, thone halfe of the forfaiture to be to our soue­raigne Lady the Quenes hyghnes, her heires & successours, & the other moitie therof to him or them that wyll sease the same, or sue therfore in any court of Record of the Quenes Maiestie, her heires & successours, by action of debt, byll, plaint, information, or other­wise, where no wager of lawe, essoigne, or protection shalbe to him or them alowed. This Act to continue and endure to the ende of the next Parliament.

An Acte touchyng Tanners, Curryours, Shoema­kers, and other artificers occupying the cuttyng of Leather. ¶ The .viii. Chapter.

WHere before this time, diuers & many good estatutes haue ben made for the true tanning, currying, and working of leather, as a thing very necessary for the cōmon wealth & cōmoditie for the Quenes Maie­sties subiectes, for that euery sort of people of neces­sitie must vse & haue leather for diuers and sundrye purposes, which notwithstandyng, leather was neuer worse tan­ned, curryed or wrought, then now a dayes it is, by reason wherof, diuers persons are not onely put to great losse, charge, & other in­conueniences, [Page] but also do take diuers and sundrye diseases, to the shortenyng of theyr lyues, as by the complayntes of diuers persons exhibited in this Parliament it manifestly appeareth.

Be it therfore enacted by the Quenes Maiestie, with thassent of the Lordes & cōmons in this present parliament assembled, and by thaucthoritie of the same, that from & after the feast of Pentecost next cōming, no Butcher or other person shall gashe, slaughter, or cut any hyde of any Bull, Oxe, Steare, or Cowe in fleyng therof or otherwise, wherby the same shalbe impaired or hurt. And that no Tanner or other person or persons vsing or occupying the craft or mistery of tannyng of leather, shall after the feast of S. Michaell tharchangell next cōmyng, by him selfe or any other person or per­sons, offer or put to sale any such hyde or skyn so gashed, flaughte­red or cut, vpon payne of forfaiture for euery such hyde or skynne so offred or put to sale .xx.d.

And be it further enacted by thaucthoritie aforesaid, that no But­cher or other person or persons, after the said feast of Pentecost, shal kyll any Calfe to sell, being vnder fyue wekes olde, vpon payne to forfait for euery Calfe so to be kylled and solde .vi.s. viii.d.

And be it further enacted by thaucthoritie aforesaid, that no per­son or persons occupying the craft or occupation of a Butcher, shal after the feast of Pentecost next cōming, occupy or vse by himselfe, or any other person or persōs, the feat, craft or mistery of a Tanner, duryng the tyme that he shall so vse the crafte or occupation of a Butcher, vpon payne of forfaiture of .vi.s.viii.d. for euery day that he shall so vse the feate, craft, or mistery of a Tanner.

And be it further enacted by thaucthoritie aforesaid, that no per­son or persons, whiche at the feast of S. Michaell tharchangell whiche was in the first yere of the Quenes Maiesties reigne that nowe is, had not landes, tenementes, rentes, profites, or heredita­mentes of estate of inheritaunce, or for terme of lyfe or lyues, of the clere yerely value of .xl.li. or aboue, or whose Tanhouse was not at the saide feast, is, or shalbe hereafter in a Citie, Borough, Towne corporate, or market Towne, where searchers & sealers of leather hath ben & shalbe vsually appoynted (except such person & persons as then had any Tanhouse, and dyd then occupy the mistery of tan­nyng of leather, and except an apprentice or apprentices to a Tan­ner or Tanners, & except such as were then, or since, or hereafter shalbe brought vp, instructed, or taught as couenaunt or hyred ser­uaunt for that purpose by the space of .vii. yeres in the mistery or craft of tannyng of leather, and except the wyfe and such sonne or sonnes of a Tanner as hath ben brought vp & hath vsed the miste­ry of tanning of leather by the space of foure yeres aforesaid, or the sonne or daughter of a Tanner, or suche person who shall marry [Page 33] such wyfe or daughter to whom he hath or shall leaue a Tanhouse and fattes) shall tanne any leather, or shall vse, take or haue any profite, gayne, or cōmoditie of or by the said mistery or craft of tan­ning of leather, vpon payne of forfaiting of all such leather by him or them so tanned, or whereof he or they shall receaue any profyte or commoditie by tannyng, or the iust value therof.

And be it further enacted by thaucthoritie aforesaide, that after the feast of Pentecost next commyng, no person or persons what­soeuer, which shall after the sayde feast of Pentecost occupy or vse by hym or them selfe, or by any other person or persons, the crafte or mistery of tannyng of leather, shall suffer any hyde or skynne to lye in the lymes any longer tyme then the heere falleth of, or maye be taken of, nor in any wise to be put into the limes after the heere maye be taken of, nor shall vse, employ, occupye, or put by them selues, or by any other person or persons, any thing in any lycour, stuffe or workmanshyp in or about the tannyng of leather but only lyme, Culuer donge, or Hen donge, and that in colde water onlye, and wooses made of colde water and Oken barke onlye, without any mixture of any other thyng or thynges, nor shall by hym selfe or by any other person or persons put any hyde or skynne in any tanne wooses, or licour made whot, or warmed in any fat or vessel, to be set or couered in any tanne hyll, or otherwyse, nor shall ouer­lyme any hydes or skynnes in the lyme pyttes, nor shall put any hydes or skinnes into any tanne fattes or vesselles before the lime be well and perfectly sokened and wrought out of them and euery of them, nor shall suffer his or theyr leather to be layed, or to hange or to lye wet in any frost vntyll the same be frosen, nor shall drye or parche the leather with the heate of the fyre or of the sōmer sunne, nor shall tanne, or cause to be tanned any hyde or skynne beyng putrified, rotten, or tainted by long lying, eyther before the put­tyng of it into the lymes, or after in the water or lycour, or by any other meanes, nor shall negligently worke the hydes in the woo­ses, nor shall not renue & make strong the wooses as often as shal­be requisite, nor shall suffer the hydes for vtter sole and clout lea­ther to lye in the wooses any lesse tyme then .xii. monthes at the least, and the hides for vpper leathers in lyke wooses any lesse time then .ix. monthes at the least, nor shall insufficiently or imperfectly tanne any hyde or skynne, nor shall tanne any Oxe hydes, Stere hides, or Cowe hides but whole, without cuttyng of any bellyes cōmonly called wombes, or peeces from the same (hydes for clou­tyng leather to be cut into three or foure bendes or peeces, ouer­thwarte the whole hyde onely excepte) nor shall after the feaste of Saynte Michaell the Archangell nexte commynge, put to sale anye tanned hyde or skynne whiche is or shalbe raysed [Page] in or by the tannyng, workmanship, or otherwyse, or by vsyng any other thing or stuffe, or in any other sort then by his statute is li­mitted & appoynted, vpon payne of forfaiture of euery Oxe hyde, steare hyde, Cowe hyde or skyn, tanned, vsed, or put to sale contrary to the true meanyng of this present Acte, or the iust value therof.

And be it further enacted by thaucthoritie aforesayd, that frō the feast of Pentecost next cōming, no persō or persōs whatsoeuer, shal put or cause to be put to sale, exchange, or otherwyse depart with any kynde of tanned leather red & vnwrought, but in open fayer or market, in the places therfore cōmonly accustomed, and therfore prepared, nor before the same be searched & sealed, accordyng to the lawes & order in this estatute hereafter mentioned, nor shall after the feast of S. Michael tharchangel next comming, put to sale, ex­chaunge, or otherwyse depart with any tanned leather red and vn­wrought, but sufficiently & well tanned, & throughly dried, nor shal put or cause to be put to sale, exchange, or otherwyse depart with any oxe hide, steare hide, or Cow hyde, but only whole without cut­ting any bellies called wōbes or other peces frō it (clouting leather cut into bendes as is aforesaid, only excepted) before ye same be ser­ched & sealed, vpon paine of forfaiture for euery hide or peece of lea­ther sold, exchanged, or otherwise departed with, contrary to the true meaning of this Act .vi.s. viii.d. and for euery dosen of calue skinnes .iii.s.iiii.d. & the hyde or hydes, skin or skinnes, & leather in any otherwise sold, exchanged, or bought, or the value therof.

And be it further enacted by thaucthoritie aforesaid, that no per­son or persons vsing the mistery of tanning of leather, by himselfe, or by any other persō or persons, from & after the said feast of Pen­tecost, shall during that tyme that he shall vse the said mistery, oc­cupy or vse the craft or mistery of a shoemaker, currier, butcher, or of any artificer vsing or exercising cutting or workyng of leather, vpon paine to forfait & lose all and euery such hyde & hydes, skinne & skinnes so by them or any of them wrought or tanned, duryng the tyme that he shall vse the mistery or craft of tanning aforesaid, or the iust value therof. It is also enacted by thaucthoritie afore­said, that no person vsing the mistery of tannyng of leather by him selfe, or by any other person or persons, shall after the feast of the Natiuitie of S. Iohn Baptist next cōmyng tanne any Bull hyde, horse hyde, or shepe skinne, or put to sale, exchange, or otherwyse departe with any Horse hyde, Bull hyde, or shepe skinne tanned, vpon payne to forfait euery such bull hyde, horse hyde, or shepe skin so tanned or put to sale, or the iust value therof.

And be it further enacted by thaucthoritie aforesayde, that no person or persons after the feast of Pentecost next commyng, shall bargayne, bye, make any contracte for, or bespeake any roughe hyde [Page 34] or Calues skynnes in the heere, but only such person or persons as by vertue of this Acte may lawfully vse the craft or mistery of tan­nyng of leather and shall tanne the same, or such person or persons as shall tawe the same (excepte salte hydes for the necessary vse of shyppes) vpon payne to forfaite and lose all and euery suche hydes and skynnes so bought, or the iust value therof.

And be it further enacted by thaucthoritie aforesayde, that no person or persons shal or may after the feast of Pentecost next com­myng, bye, bargayne, bespeake, or take promys to haue any tanned leather, not wrought and conuerted into made wares, but onely such person and persons as wyll and shall worke and conuert the same leather into made wares, vppon payne of forfaiture of the leather so bought, or the value therof.

Prouided alwayes, and be it enacted, that all and euery artifi­cer, and other person and persons vsyng to conuert tanned leather into made wares, aswell straunger borne, as other, may lawfully bye all kynde of tanned leather, to make or conuerte the same into made wares, at Leaden hall in London, vpon euery Munday, the same beyng fyrst duely searched, sealed, and registred, as is hereaf­ter limitted.

Prouided also, that Sadlers & Gyrdlers may sell theyr neckes and shreddes of tanned leather redde, without incurring any payne or forfaiture for the same.

And forasmuch as Barke is nowe become scant by vnreasona­ble fellyng of Oke out of barkyng tyme, and thereby the Tanners be destitute of such barke as is necessary: Be it further enacted by thaucthoritie aforesayde, that no person or persons shall from and after the feast of Saint Michaell the Archangell next, fell or cause to be felled any Oken trees mete to be barked, where the barke is worth .ii.s. a cartlode, ouer & aboue the charge of barking & pilling (timber to be employed or bestowed in or about buylding or reparations of houses, shippes, or milles, or any of thē, only except) but be­twixt the first day of April, & the last day of Iune, vpon paine of for­faiture of euery such Oken tree so felled, or ye double value therof.

And for the better preseruation of Tymber, whiche by the takers of Timber is spoyled, through the greedy desyre of gayne, of the loppes, toppes, or barke of Timber trees: Be it therefore enacted, that no taker or takers, purueyour or purueyours of Tim­ber, or his or their deputie or deputies, shall fell or cause to be felled for the vse of the Quenes Maiestie, her heyres, or succes­sours, any Oken Timber tree or trees mete to be barked, but in barkyng tyme (trees to be felled for buyldynge or repayrynge of anye her Maiesties Houses or Shyppes, onelye excepte) or [Page] shall in any wyse take or receaue any maner of profite, gayne, or commoditie by any loppes, toppes, or barke of any tree, to be taken by them or any of them, or shall in any wise take, carry away, geue, sell or dispose from the owner, any more of any tree, to be taken as is aforesayde, then onely the tymber of the same tree or trees, to be vsed & bestowed, or employed only in, vpon, or about the Quenes Maiesties buyldynges, or shyppes, vpon payne of forfaiture to the partie grieued, for euery tree and for the loppes, toppes, or barke of euery tree taken contrary to the meaning of this article .xl.s. And that it shalbe lawful to the partie of whom such tree or trees shal­be taken, or to any other, for, and in his name, to reteyne, with­holde, take, and kepe to hym selfe all the barke, loppe, and toppe of suche tree or trees: Any Cōmission or other matter whatsoeuer, notwithstandyng.

And forasmuch as no Leather can be so well tanned, but it may be marred in the currying: Be it therfore enacted by thaucthoritie aforesayde, that from and after the feast of Saint Michaell the Archangell nexte, no person or persons shall currye any kynde of Leather in the house of any Shoemaker or other person, but only in his owne house, scituate in a corporat or market towne, nor shal curry any kynde of leather except it be well and perfectly tanned, nor shall after the feast of Pentecost next curry any hyde or skinne, beyng not throughly drye after his wet season, in whiche wet sea­son he shall not vse any stale, vryne, or any other deceiptfull or sub­tyll mixture, thyng, waye, or meanes, to corrupt or hurt the same, nor shall curry any leather mete for vtter sole leather, with any o­ther stuffe then with harde tallowe, nor with any lesse of that, then the leather wyll receaue, nor shall curry any kynde of leather mete for ouer leather & inner soles, but with good and sufficient stuffe, beyng freshe and not salte, and throughly lycoured tyll it can not receaue no more, nor shall burne or scalde any hyde or leather in the currying, nor shall shaue any leather to thinne, or shal gashe or hurt any leather in the shauyng, or by any other meanes, but shall worke the same sufficiently and substancially in all poyntes and respectes, vpon payne of forfaiture for euery suche offence or acte done contrary to the true meanyng of this article (other then in gashyng or hurtyng in shauyng) .vi.s.viii.d. and the value of eue­ry such skynne or hyde marred by his euyll workemanship, and for euery offence to be done agaynst this article, in gashing or hurtyng by shauyng, double so muche to the partie grieued, as the leather shalbe impaired thereby, by the iudgement of the Wardens of the Curryers, and the Wardens of the companye whereof the partie grieued shalbe.

[Page 35]And be it further enacted, that no Cordwayner, Shoemaker, or other person or persons dwelling or inhabiting within the Ci­tie of London or the libertie of the same, nor any person or persōs that nowe is, or hereafter shalbe free of the Citie of London, dwel­lyng within three myles of the saide Citie, and occupying wet cur­ryed leather in his arte and occupation, shall put or cause to be put any leather to be curried, but to such person & persons as be or shal be free of the company of the Curriers of the Citie of London, vpō payne of forfaiture of all such curryed leather, or the value therof.

And be it further enacted, that no person or persons shall by any meanes occupy or put in any made wares, within the citie of Lon­lon, or three myles of the same Citie, any curried leather, before the same shalbe searched, and alowed by the Wardens of the Curry­ers of London for the time being, or such persons as they shal therto assigne, and be sealed with a seale therfore to be prepared, vpon payne that euery shoemaker, and other artificer cutter of leather, offendyng agaynst this article, shall forfayte for euery hyde or skyn otherwyse curryed or imployed as is aforesayde .vi.s.viii.d. and the value of euery such hyde or skynne.

And be it further enacted, that no person occupying the feate or mistery of a Curryour, shall vse or exercyse the feate or mistery of a Tanner, Cordwayner, Shoemaker, Butcher, or other artificer vsyng cuttyng of leather, during the tyme that he shall so vse or oc­cupye the mistery of a Curryour, vpon payne of forfaiture of .vi.s. viii.d. for euery hyde or skynne that he shall curry duryng the time that he shall occupy or vse any of the misteries aforesayde, contrary to the meanyng of this article.

And further be it enacted by thaucthoritie aforesayde, that no Curryour or Curryours, vsyng the arte of currying of leather, shal after the feast of Pentecost next, refuse to curry any leather, to hym or them for that purpose brought by any such artificer as is or shal be a cutter of leather, the same artificer or his seruaunt bryngyng with hym or them good & sufficient stuffe, as is before mentioned, for the perfect lycouryng of the same leather, and that the sayd lea­ther in the presence of the sayde artificer cutters of leather, his ser­uaunt or seruauntes yf he or they wyll be presente, shalbe licou­red and curryed in all thynges and degrees perfectly, and yf he or they wyll not be present, it shall neuerthelesse by lykewyse licoured and curryed in his or their absence perfectly, and with as conueni­ent spede as may be, not exceading fiue dayes in the Sōmer, and ten dayes in the Wynter, after he shall or may take it in hand, vpon payne to forfaite to the partie grieued for euery hyde & peece of lea­ther not in this maner curryed, and well & spedely dressed .x.s.

[Page]And be it further enacted by thaucthoritie aforesayde, that the Wardens of the Curryers for the tyme beyng, or suche persons as they shall assigne or appoynt (beyng therevnto required) shall from tyme to tyme, searche and trye all such curryed leather, as shalbe brought to any of theyr companye to be curryed, and shall with a Seale therefore to be prepared, with conuenient spede, not excea­dyng one day after the currying & request made, seale such leather as they shall fynde sufficiently curryed, taking for euery hyde so sea­led after the rate of .i.d. for the dycker, and for euery syre dosen of Calues skinnes .i.d. and not aboue, to be payde by the Curriour, vpon payne of forfaiture for euery hyde which shall not be searched and sealed as is aforesayde .vi.s.viii.d.

And forasmuch as Leather well tanned and curryed, may by the negligence, disceipte, or euyll workmanship of the Cordwayner or Shoemaker, be vsed disceiptfully, to the hurte of the occupyer or wearer of it: Be it further enacted by thaucthoritie aforesaid, that no person or persons, which after the saide feast of Pentecost shall occupy the mistery or occupation of a Cordwayner or Shoemaker, shall make or cause to be made any bootes, buskynnes, shoes, startvppes, slyppers, or pantofles, or any part of them, of Englishe leather wet curryed (other then Deare skynnes, Calues skynnes, or Goates skynnes, made or dressed, or to be made or dressed lyke vn­to Spanyshe leather) but of leather well and truely tanned and curryed in maner and fourme aboue specified, or of leather well and truely tanned onely, and well and substauncially sewed with good threde, well twysted and made, and sufficiently waxte with waxe well rosened, and the stytches harde drawen with handlea­thers, as hath ben accustomed, without mynglyng or mixyng of ouerleathers, that is to saye, parte of the ouer leather beyng of Neates leather, and part of Calues leather, nor shall put into any part of any shoes, bootes, buskynnes, startvppes, slyppers, or pan­tofles any leather made of a sheepes skynne, bull hyde, or horse hyde, nor into the vpper leather of any shoes, startvppes, slyppers, or pantofles, or into the neather parte of any bootes (thinner sole and heele of the shoe only except) any part of any hyde from which the sole leather is cutte, called the wombe, necke, shanke, flanke, poll, or cheke, nor shall put into the vtter sole any other leather then the best of the Oxe or Stere hyde, nor into the inner sole any other leather then the wombes, necke, poll, or cheke, nor in the treswelles of the double soled shoes, other then the flankes of any the hydes aforesayde, nor shall make or put to sale in any yere be­twene the last of September & the .xx. of Apryll, any shoes, bootes, buskynnes, startvppes, slyppers, or pantofles, wherein any drye [...] [Page 36] mete for any person to weare excedyng the age of .iiii. yeres, wher­in shalbe any drye Englyshe leather (other then Calues or Goates skynnes, made or dressed, or to be made & dressed lyke vnto Spanysh leather, or any part therof) nor shal shew (to thintent to put to sale) any shoes, bootes, buskinnes, startvppes, slippers, or pantofles vpō the Sunday, before the diuine seruice (vsed in the forenone) be done and ended, vpon paine of forfaiture for euery payne of shoes, bootes, buskynnes, startvppes, slyppers, or pantofles made, solde, shewed, or put to sale contrary to the true meanyng of this Acte .iii.s. iiii.d. and the iust and full value of the same.

And be it further enacted for the true execution of this estatute, that the Maior of the Citie of London, and the Aldermen of the same for the tyme beyng, or the more part of them, vpon payne to forfait .xl.li. for euery yere that they make default, the one halfe wherof to be to the Quenes Maiestie, her heyres and successours, and the other halfe to hym or them that wyll sue for the same: shall yerely appoynt foure or more expert persons by theyr discressions, to be searchers, who shalbe sworne before the sayde Maior and Al­dermen for the tyme beyng to do theyr office truely. Which said ser­chers shal by vertue of this Act, foure times in the yere at the least, that is to saye, once euery quarter of a yere or oftener (yf nede re­quire) as they shall thynke good, make true search and viewe of & for all bootes, buskynnes, and other wares and thynges whatso­euer made of tanned leather, in all and euery house & houses, place and places, aswell within the sayde Citie and suburbes therof, as in euery other place within three myles of the same Citie, where any Shoemaker, Sadler, Gyrdler, or other artificer vsyng cuttyng of leather doth or shall dwell, or occupye any of thoccupations of cuttyng of leather: and after euery such search and viewe, to make true presentment in wrytyng before the sayde Maior & Aldermen for the tyme beyng, of euery default that they or any of them shall fynde in the makyng, sellyng, or puttyng to sale of any bootes, bus­kyns, startvppes, shoes, brydels, saddels, or other thynges, stuffe, or ware made of leather contrary to the true meaning of this estatut.

And be it further enacted, that the sayd Maior of the sayde Citie of London, & Aldermen for the tyme beyng, vpon lyke payne lyke­wyse to be leuyed and imployed, shall lykewise yerely appoynt .iiii. or more, other skylfull, expert, and honest persons, wherof one shal­be a sealer, and kepe a seale for the sealyng of leather to be prepa­red, who shall also be sworne before the sayde Maior and Alder­men for the tyme beyng, to do theyr office truely. Which sayd sear­chers and sealer, shall viewe and search all and euery tanned hyde, skynne or leather, which shalbe brought aswell to the market at [Page] Leaden hall, as to any other lawefull fayer or market therefore vsually appoynted, within three myles of the sayde Citie, whether the same be well and sufficiently tanned, accordyng to the purport and true meanyng of this estatute, or no. And fyndyng it suffici­ently and well tanned, in such maner and fourme as by this esta­tute is appoynted (and as it ought to be) shall seale the same with the sayde seale for that purpose to be prouided and prepared.

AND be it further enacted by the aucthoritie aforesayde, that all other Maiors, Baylyffes, and other head officers for the tyme beyng, in all other Cities, Boroughes, and market Townes of this Realme, and all Lordes of liberties, fayres, and markets, out of the circuite or compasse of the sayde three myles: shall vpon lyke payne of .xl.li. lykewyse to be leuyed and imployed euery yere that they make default herein, appoynt and swere yerely .ii. iii. or more persons, of the most honest and skylfull men within theyr se­uerall offices or liberties, by their discression, to searche and viewe within the precinct of theyr sayde offices, liberties, and aucthori­ties, which shall as often as nede shalbe or they thynke good, make lyke searche within theyr limittes, and shall haue a marke or seale prepared for that purpose, and that the sayde searchers, or one of them, shall kepe the same seale or marke, and with the same shall seale or marke suche leather as they shall fynde sufficient, and no other. And if the sayde searchers or any of them, do fynde any lea­ther solde, or offred to be solde, or brought to be searched or marked insufficiently tanned, or insufficiently curryed, or any bootes, bus­kynnes, shoes, startvppes, slyppers, brydels, saddels, or any other thing made of tanned or curryed leather insufficiently tanned, cur­ryed, or wrought, contrary to the true meanyng of this estatute, it shalbe lawfull to the saide searchers or any of them, to sease as for­faited, all such leather, shoes, and wares made of leather, and to retayne the same in theyr custody, vntyll the same be tryed by .vi. experte men, appoynted by such Maior, Baylyffe, or other head offi­cer, or Lorde of libertie, or his sufficient deputie, within whose pre­cinctes or liberties such seysour shall happen to be: the same tryal to be within .xv. dayes after such seysour at the furthest, vpon the othes of the sayde tryers.

And be it further enacted by the aucthoritie aforesaide, that all red tanned leather whiche shalbe brought into the Citie of Lon­don (whether it be to be solde, or be bought before hande or no) shalbe brought to Leaden hall before it be housed in his or theyr owne houses, and there viewed, whether it hath ben searched or sealed, or no, and shall also be registred by the searchers to be ap­poynted as is aforesayde, with halfe such fees therfore to be payde [Page 37] as is hereafter expressed for leather to be sold in Leaden hall, vpon payne that euery person housyng or not bryngyng his leather to Leaden hall as is aforesayd, shall forfaite for euery hyde or skynne vi.s.viii. Prouided that this article shall not extende to any lea­ther to be bought in Bartilmewe fayer, or Southwarke market, being searched, sealed and registred accordyng to the true meaning of this Acte.

And also be it further enacted, that if any person wyll after the said feast wylfully withstande or denye any such search to be made, accordyng to the tenour of this Act as is aforesaid, or wyll not suf­fer the said searchers so appoynted, to enter into his or theyr house or houses, or other place, to viewe and search at theyr wyll & plea­sure all maner of tanned leather, and all maner of shoes, bootes, males, saddels, and all maner of wares wrought and made, or to be wrought and made of leather, and to sease and carry awaye all such leather, shoes, and wares as they shal finde insufficiently tan­ned, curryed or wrought, or made of euyll stuffe: that then all and euery such person and persons so denying and withstandyng, and not suffryng the sayde searchers or any of them (so sworne and ap­poynted for the tyme beyng, to enter and make search, and sease as is aforesayde) shall lose and forfait for euerytyme so denying and withstandyng .v.li.

And be it further enacted by thaucthoritie aforesayde, that yf the persons so to be appoynted for the seuerall searches of leather, and wares made of leather, as is aforesayde, do refuse with conue­nient spede to seale leather sufficiently tanned, or do make default in theyr search, or do alowe that, whiche shalbe insufficiently tan­ned, curryed, or wrought, contrary to the true meanyng of this Acte, or shall eyther for affection or corruption conceale the faultes or any of them founde in that behalfe: that then the Maior, Bay­lyffes, Lordes of liberties, and other persons, whiche by vertue of this Acte shal appoynt such searchers and sealers, shall forfait and lose for euery suche default & offence .xl.s. the moitie of which for­faiture, shalbe to our Soueraigne Lady the Quene, her heyres, & successours, and the other moitie to hym or them that wyll sue for the same in any of the Quenes Maiesties courtes of Recorde, by byll, playnt, information, or otherwyse.

AND forasmuch as heretofore great deceipt hath ben vsed in cuttyng of the wombes from the backes, for that the Tanner dyd not cut of so much as was meete, but left more to the backe (wher­of vtter sole leather was made) then was conuenient and meete: And forasmuch also as yf the Curryer should curry the whole hyde together, the Shoemaker myght then put that part of the hyde [Page] called the wombes into vtter sole leather (which is meete but for inner sole leather) to the great deceipte & damage of the wearer of shoes, bootes, or other stuffe made by the shoemaker or cordwayner: Be it therfore enacted by the aucthoritie aforesayde, that such per­sons as shalbe so appoynted searchers or sealers as is aforesayde, shall after the true tanning, and before the currying of any leather brought to be searched and sealed as is aforesayde, by theyr discre­tions cutte of so muche of the hyde truely tanned, to be solde to a Shoemaker, Cordwayner or Cobler into wombes, as they shal by theyr othes thynke vnmeete to make vtter sole leather of, vppon payne that the Shoemaker, Cordwayner, or Cobler, shall forfait for euery such hyde not cut as is aforesayde .iii.s.iiii.d.

And be it further enacted, that such person and persons as here­after shalbe assigned and appoynted searchers and sealers of tan­ned leather by vertue of this Acte; shall within the limittes and precinctes of euery of theyr searches, kepe one booke or register, wherein they shall enter all suche bargaynes as shalbe made for leather, hydes, or skynnes, by any person or persons, duryng and by all the tyme of the fayer or market, beyng thereto required by the byer or the seller, and also the pryces of suche leather bought & solde, with the names and dwellyng places of the byer and seller, takyng for his and theyr payne and trauell therin to be taken, as­well for the sealyng of such leather and cuttyng of the wombes as is aforesayde, as for registryng thereof, of the seller of euery dycker of leather so entred .ii.d. and so after the rate, and for euery syre dosen of Calues skynnes .ii.d. and of the byer after the same rate, and no more or greater summe or summes of money to be paide for entryng of the same, vpon payne of forfaiture for not entryng and registryng, or not cuttyng of, of the wombes as is aforesayde, for euery dycker of leather .iii.s. iiii.d. and for euery dosen of Calues skinnes .iii.s. iiii.d. and so after that rate.

And be it further enacted by the aucthoritie aforesayde, that no person or persons, shall after the first day of May nexte commyng, sell, exchaunge, or put away, or cause to be solde, exchaunged, or put away, any maner of tanned leather red and vnwrought, except he or they register or cause to be registred the sayde tanned leather, and euery parte and parcell thereof, and the pryce thereof, vppon payne of forfaiture of the value of the leather so solde, exchaunged, or put away, and not registred.

And be it further enacted by the aucthoritie aforesayde, that it shall not be lawefull to or for any person or persons to bye any tanned leather before the same shalbe searched and sealed, not to carry or cause to be carryed out of the fayer or market, any leather [Page 38] tyll it be registred as is aforesayde, vpon payne to forfait the sayde leather or the value therof, so bought and not searched and sealed, or carryed away and not registred.

And be it further enacted, that no Cordwayner, Shoemaker, or Cobler, shal carry or cause to be carryed any Oxe or Stere hides tanned, whereof any sole leather shalbe cutte, out of any fayer or markette whole, before the wombes be cut of as is aforesayde, vp­pon payne of forfaiture for euery hyde otherwyse carryed out of the same fayer or markette .vi.s. viii.d. and the hyde or the value therof.

AND be it further enacted by thaucthoritie aforesayde, that yf any Curryer within the said Citie of London, or three myles com­passe, after the feast of Saint Michaell tharchangell next, do cur­rye any leather insufficiently tanned, or after the sayde feast nexte do not curry such leather, as he doth or shall curry, substauncially and well, accordyng to the meanyng and purport of this Acte, or if any Shoemaker, Cordwayner, or Cobler, within the Citie of Lon­don or three myles compasse of the same, after the sayde feaste of Saint Michaell tharchangell nexte, put any tanned leather into any shoes, bootes, buskynnes, startvppes, slyppers, pantofles, or other thinges made of tanned leather, which shall not be well and perfectly tanned, accordyng to the purport and true meanyng of this Acte, or after the sayde feaste do put any curryed leather into any bootes, buskynnes, startvppes, shoes, slyppers, pantofles, or other thynges made of leather, which shall not be well and suffi­ciently tanned and curryed, and also sealed as is aforesayde, or do make bootes, buskynnes, shoes, startvppes, slyppers, pantofles, or other thynges made of Englyshe tanned leather, in other maner then is aboue specified and ordeyned, or yf any Shoemaker, Sad­ler, or other artificer vsyng cutting or working of leather, do make any wares of any tanned leather insufficiently tanned, and of tan­ned or curryed leather, beyng not sufficientlye tanned and curryed as is aforesaide, or do not make theyr wares belongyng to theyr se­uerall occupations sufficiently and substauncially: That then the Wardens of euery of the sayde companyes of Sadlers, Curryers, Shoemakers, and other artificers vsyng and exercysyng cuttyng of tanned leather, for the tyme beyng, shall forfaite & lose for euery such default and offence to be committed or done by any person or persons vnder theyr order, suruey, or searche .v. li.

Prouided alwaye, and be it enacted that no maner of person or persons, shall (after the sayde feast of Saint Michaell) vtter or sell or cause to be vttered or solde (within the saide Citie of London, or within three myles compasse of the same) any maner of wares ap­perteynyng [Page] to the crafte or mistery of anye artificer cuttyng of leather, but onely in open shoppe, common fayer, or market, whereby the sayde Wardens may haue the true search of the same, in aduoydyng the penalties vpon them by this Act set, vpon paine of forfaiture of all suche wares so solde, & .x.s. for euery tyme.

Prouided alwaye and be it enacted, that all and euery artificer dwellyng or inhabytyng, or which hereafter shall dwell or inha­bite within the Citie of London, or three myles compasse of the same, vsyng or exercysyng any manuell occupation of cuttyng or workyng of leather into made wares, shall contribute, paye, and be vnder the suruey and search of the Wardens of such companies of the sayde Citie of London, as the artificers commonly vsing the lyke occupation beyng free men of the same Citie of London and of the same company be, touchyng and concernyng onelye theyr wares and stuffe made of or with leather, in lyke maner & fourme as other free men of the same company doth to the Wardens of theyr company within the sayde Citie. All which paynes, penal­ties, and forfaitures aforesayde, of summes of money aforesayde, (excepte such paynes, penalties, and forfaitures as are before or hereafter by this Acte shall otherwyse be disposed) shalbe deuyded into three equall partes, one parte whereof shalbe to our Soue­raigne Lady the Quene, her heyres, and successours, and an other part to hym or them that shall fyrste sue for the same in any of the courtes of Recorde of the Quenes Maiestie, her heyres, and suc­cessours, by action of debte, byll, playnt, information, or other­wyse: In which suite, no wager of lawe or essoigne shalbe admit­ted or alowed, and the thirde part therof, shall go to the Citie, Bo­rough, Towne, or Lorde or Lordes of liberties, where the offence shalbe committed or done. And all suche leather, shoes, bootes, buskynnes, startvppes, slyppers, pantofles, wares, stuffe, and o­ther thynges whatsoeuer made of tanned leather, or curryed lea­ther, which shalbe seased by vertue of this Acte, or shalbe founde insufficiently wrought, tanned, or curryed, and declared by this Acte to be forfaited, and shalbe seased by the sayde searchers, or any other person fyndyng the fault therof, shalbe distributed as here­after ensueth: That is to saye, such leather or stuffe so seased with­in the Citie of London or within thre myles compasse of the same, to be brought to the Guylde hall in London, there to be praysed by indifferent persons, and the value thereof to be deuided into three partes, wherof one part to be to the first seaser and seasers of the sayde vnlawful stuffe, and an other part to the vse of the Chamber of London, and the other part to be distributed to the poore folkes, aswell beyng within the newe Hospitall of S. Bartilmewes in [Page 39] London, as to such poore housholders as shalbe inhabiting with­in the Citie of London, or the circuite aforesayd, at the discressions of suche persons as the Maior of the same Citie and foure Alder­men of the same for the tyme beyng, shall appoynt for the same. And that al such leather, bootes, shoes, saddels, wares, stuffe & thin­ges made of or with leather as is aforesaide, which shalbe founde within any other citie, borough, towne, or place win this Realme out of the sayd Citie of London and three myles compasse, vnsuffi­ciently wrought, tanned, or curryed, as is aforesayd, & shalbe seased & taken as forfaited, shalbe brought to the cōmon hall of euery such Citie, Borough, & Towne, or to some conuenient and open place to be appoynted by the Lorde of the libertie, or his deputie, where no cōmon hall is, there to be praysed as is aforesayde, one part of the said value therof, to be disposed vnto the poore, and in other dedes of charitie in those parties, after the discressiō of the Maiors, Bay­lyffes, Headboroughes, & Lordes of liberties, an other parte to be delyuered to the Maiors, Baylyffes, & other head officer of any Ci­tie, Borough, or Towne corporate, to the vse of the cominaltie of such citie, borough, or towne corporate: & where no suche officers be, then to the Lorde or Lordes of the libertie where any such for­faiture shalbe cōmitted, or seasour had, & the third part, to the fyrst seaser or seasers of such leather, stuffe, or wares, insufficiently tan­ned, curryed, or wrought as is aforesayde, for his & theyr paynes.

Prouided alwayes, that no person to whom any such vnlawe­full leather or stuffe shalbe geuen by this Act, shall geue or sell any suche leather or stuffe, to any person or persons that shall sell the same, vppon payne that the byer shall forfaite for euery parcell of suche vnlawefull leather or stuffe to be solde contrarye to the true meanyng of this last clause .iii.s.iiii.d.

Prouided alway, that this Act nor any thing therin conteyned, shal not in any wise be preiudicial or hurtful to the Chauncelours Vicechauncelours, Proctours, Taxours, and Scholers, their offi­cers, ministers, assignes, or fermers, of the vniuersities of Oxforde or Cambridge, or any of them, of, for, or concernyng the aucthori­tie of search of tanned leather, or any of the forfaitures of the same, which they lawfully had or myght haue had before the makyng of this present Act, so as they do in all thynges obserue such order in, about, or for searching, sealing, & registring of leather, as by this Acte is prescribed & appoynted, vpon the paynes herein conteyned: Any thing therin conteined to the contrary herof, notwtstanding.

And for the aduoydyng of all ambiguities and doubtes which may and do growe vpon the definition and interpretation of this worde Leather: It is enacted and declared by these presentes, [Page] that the hydes and skynnes of Oxe, Stere, Bull, Cowe, Calfe, Deare, red and fallowe, Goates, and Shepe, being tanned or taw­ed, and euery salt hyde, is, shalbe, and euer hath ben reputed and taken for leather.

And for the better execution of this present Acte, be it further enacted, that all Iustices of Assise, Iustices of gaole delyuery, Iu­stices of peace, and Stewardes of frauncheses, leetes, and lawe­dayes, within theyr seuerall precintes, iurisdictions and liberties, and Maior of London for the tyme beyng, within the sayde Citie and within three myles compasse of the same Citie, and all other Maiors, Baylyffes, and other head officers of Cities, Boroughes, and Townes, within theyr seuerall iurisdictions, liberties, pre­cinctes, offices, and aucthorities, shall enquire of all the premisses in theyr sessions, leete, or lawe daye, and heare and determine the same, and also by theyr discressions examine all persons suspected to offende this Acte or any parcell therof.

And be it further enacted, that where any manour, libertie, or fraunches immediatly appertayneth or shall appertayne to the Quenes Maiestie, her heyres, or successours: the Stewarde for the tyme beyng of euery such manour, libertie, and fraunches, shall haue the lyke aucthorities, powers, iurisdictions, and aduaunta­ges, and also shall beare and pay all the lyke paynes, penalties, and forfaitures as are geuen, appoynted, limitted, or layde, by this estatute to or vpon the Lordes of liberties and frauncheses, as in this statute is expressed.

And be it declared and enacted, that all currying and dressyng of leather, commonly called drye currying and freesyng, shalbe construed to be dressing and currying after the maner of Spanishe leather, of what colour soeuer it be, and that to all artificers (other then Shoemakers, yerely betwene the last of September and the xx. of Apryll) it shalbe lawefull to vse all kyndes of leather dressed and curryed in that maner of drye currying and freesyng, as they lawfully myght before the makyng of this Acte, so that the same leather so to be vsed be well and sufficiently tanned, accordyng to the fourme prescribed in this Acte, and also well & substauncially dressed, curryed, and freesed, in the kynde of drye currying and free­syng abouesayde.

And be it enacted by the aucthoritie aforesayde, that this Acte and euery part therof, shalbe construed and adiudged to extende to Wales, as amplye as it doth to this Realme of Englande, to all in­tentes, constructions and purposes.

And forasmuch as (notwithstandyng the good lawes and great penalties in that behalfe prouided) great quantities of leather are [Page 40] dayly transported out of this Realme, and specially by the negli­gence and corruption of comptrollers, customers, serchers, & their deputies: Be it therfore enacted by the aucthoritie aforesaid, that yf any leather, wrought, cut, or vnwrought, to the intent to be sold or bartred, shall hereafter vnlawfully be transported or purposed to be transported into the partes beyonde the Sea, from and out of any Porte, Hauen, or Creeke, of this Realme or Wales, euery Comptroller, Customer, Surueyour, Collectour of tonnage and pondage, and Searcher, and the deputie of any of them, or any other person hearyng or knowyng by any wayes of any leather ment to be transported from any place within his office, and do not his best indeuour to sease the same, or beyng transported, do not disclose or cause to be disclosed the same within .xl. dayes next after suche knowledge or hearyng the same, in some courte of Re­corde, so as the offendour may be punyshed accordyng to the lawes in that case prouided: shall for euery the fyrst offence committed a­gaynst this article forfaite a C.li. and for the seconde offence shall forfait his office.

And be it further enacted, that euery Customer, officer, or offi­cers deputie, that shall make any false certificat of the arriuall of any leather in any Port, Creeke, or place of this Realme, shall al­so forfait for euery such offence a C.li.

Prouided alwaye, that neither this Acte, nor any article, expo­sition, or thyng therein conteyned, shall extende to any Scottishe hydes to be brought into the towne of Barwicke out of the Realm of Scotlande, beyng registred in a booke therefore to be kepte, by suche person or persons as the Maior of the sayde towne for the tyme beyng shall therevnto name and appoynt, with the name and surname of the byer and seller, to thintent the Englyshe hides maye be knowen from the Scottyshe, but that the inhabitauntes of the sayde towne of Barwicke maye sende, carry, and transport suche Scottyshe hydes as they lawefully myght transport before the makyng of this Acte.

And forasmuche as the estatutes heretofore made touchyng Cordwayners, Curriers, Tanners, and leather, haue ben through­ly considered, and so muche of them and euery of them as semeth requisite and necessarye to be reuiued and continued, is inserted and enacted in this present Acte: Be it therefore enacted, that the Statutes hereafter mentioned, that is to saye, one Statute made in the .xxv. yeare of Kynge Edwarde the thirde, the fourth Chapter. And one other Statute made in the twelfth yeare [Page] of the raigne of kyng Richarde the seconde the .xii. Chapter. And one other Acte or Statute made in the fourth yere of kyng Henry the fourth the .xxxv. Chapter. And one other act made in the second yere of kyng Henry the syxt the .vii. Chapter. And one other Acte made in the fourth yere of kyng Edwarde the fourth, intituled Cordwayners and Coblers. And one other Acte made in the fyrste yere of kyng Henry the seuenth, intituled an Act agaynst Tanners and Cordwayners. And one other Acte made in the .ix. yere of the reigne of the sayd kyng Henry the seuenth, entituled for Curryers and Cordwayners. And one other Acte made in the thirde yere of the reigne of our late soueraigne Lorde kyng Henry the eygth, in­tituled an Act for Curryers to haue searche of leather. One other Acte made in the fyfth yere of our sayde soueraigne Lorde kyng Henry the eyght, entituled an Acte for straungers for bying of lea­ther in open market. One other act made in the xiiii. or .xv. yeres of our sayd late soueraigne Lord, intituled an Act concernyng the li­bertie of Cordwayners and Shoemakers. And one other act made in the .xxii. yere of our sayde soueraigne Lorde kyng Henry the eyght, intituled an Acte concernyng Tanners and Butchers. And one other Acte made in the .xxiiii. yere of our sayd late soueraigne Lorde kyng Henry the eyght, intituled an Acte concernyng true tannyng and currying of leather. And one other Acte made in the second and third yeres of the reigne of our late soueraigne Lorde kyng Edwarde the syxt the .ix. Chapter, and reuiued in the fyrste yere of our soueraigne Lady the Quenes Maiestie, intituled an Acte for true currying of leather. One other Act made in the third and fourth yeres of our sayde soueraigne Lorde kyng Edward the syxt, intituled an Acte for bying rough hydes and Calues skinnes. And as much of an Acte made in the .v. and .vi. yeres of our sayde late soueraigne Lorde kyng Edwarde the .vi. intituled an Acte agaynst regrating of tanned leather, as doth prouide or geue liber­tie to any person or persons to carry ouer any shoes, bootes, bus­kynnes, startvppes, slippers, and other made wares to the towne of Callyce. And one other Acte made in the first yere of our soue­raigne Lady the Quenes Maiestie, intituled an Acte touchyng Shoemakers & Curryers. And one other act made in the saide fyrst yere, intituled an Acte touchyng sellyng of tanned leather: shall from and after the sayde feast of Saint Michaell nexte commyng be vtterly repealed.

An Act for the punishement of such persons as shall procure or commit any wylfull periury. ¶ The .ix. Chapter.

WHere in the Parliament holden at Westminster in the xxxii. yere of the raigne of the late king of famous me­morye kyng Henry the .viii. emongest other thinges it was ordeyned, enacted & established, that no person or persons of what estate, degree, or conditiō soeuer he or they were, should frō thenceforth vnlawfully suborne any witnes or witnesses, by letters, rewardes, promises, or by any other sinister labour or meanes for to maynteyne any matter or cause, or to the disturbāce or hinderaunce of Iustice, or to the procurement or oc­casion of any maner of periury by false verdict or otherwise, in any of the kinges courtes of the Chauncery, the Starre chamber, the white hall, or els where within any the kynges dominiōs of Eng­land or Wales, or the marches of the same, where any persō or per­sons haue, or from thenceforth shoulde haue aucthoritie by vertue of the kinges Cōmission, patent, or writ, to holde plea of land, or to examine, heare, or determine any tytle of landes, or any matter or witnesses concerning the title, right, or interest of any landes, tene­mentes, or hereditamētes, vpon payne of forfaiture for euery such offence .x.li. thone moitie therof to be to the kyng, & thother to the partie that would sue for ye same, as by the same estatute amonges diuers other thynges more plainly it doth appeare. Sithens yt ma­kyng wherof, for that the said penaltie is so smal towardes the of­fendours in yt behalfe, the said offence of subornation & sinister pro­curemēt of false witnesse hath neuerthelesse greatly encreased and augmēted, & by reason of the wylfull periury cōmitted by the same suborned witnesses, diuers & sundry of the Quenes Maiesties sub­iectes haue susteyned disherison & great impoueryshment, aswell of theyr landes & tenementes, as also of theyr goodes & cattelles.

Be it therfore enacted by our soueraigne Lady the Quene, by the assent of the Lordes spirituall & temporall, and the cōmons in this present parliament assembled, & by thaucthoritie of the same, that all & euery such person and persons which at any tyme after the .x. day of April next cōming, shal vnlawfully & corruptly procure any witnes or witnesses by letters, rewardes, promises, or by any other sinister & vnlawfull labour or meanes whatsoeuer, to commit any wylful & corrupt periury, in any matter or cause whatsoeuer now depending or which hereafter shall depend in sute & varyaunce, by any writ, action, hyll, complaynt, or information, in any wyse tou­ching or concerning any landes, tenementes, or hereditamentes, or any goodes, cattels, debtes, or damages in any of the courtes before [Page] mentioned, or in any of the Quenes Maiesties courtes of Record, or in any leete, viewe of franke pledge, or lawdaye, auncient de­meane court, hundred-courte, courte baron, or in the courte or courtes of the Stannery in the counties of Deuon and Cornwal, or shall lykewyse vnlawfully and corruptly procure or suborne any witnes or witnesses which shall from and after the said tenth daye of Apryll be sworne to testifie in perpetuam rei memoriame that then euery such offendour or offendours, shal for his, hers, or their said offence, being therof lawfully conuicted or attainted, lose and forfaite the sūme of fortie poundes. And if it happen any such offendour or of­fendours so beyng conuicted or attaynted, as aforesaid, not to haue any goodes or cattelles, landes or tenementes, to the value of .xl.li. that then euery such person so beyng conuicte or attaynted of any the offences aforesayde, shall for his or theyr sayde offence, suffer imprisonment by the space of one halfe yere, without bayle or mainprise, and to stand vpon the pyllory by the space of one whole houre, in some market Towne next adioynyng to the place where the offence was committed, in open market there, or in the market towne it selfe where the offence was cōmitted. And that no person or persons beyng so conuicted or attaynted, to be from thenceforth receaued as a witnes to be deposed or sworne in any Court of Re­cord within anye of the Quenes hyghnes dominions of England, Wales, or the marches of the same, vntyll such tyme as the iudge­ment geuen agaynst the sayde person or persons shalbe reuersed by attaynt or otherwyse, and that vpon euery such reuersall, the par­ties grieued, to recouer his or theyr damages, agaynste all & euery such person and persons as dyd procure the sayde iudgement so re­uersed to be fyrst geuen agaynst them or any of them, by action or actions to be sued vppon his or theyr case or cases, accordyng to the course of the common lawes of this Realme.

And be it further enacted by the aucthoritie aforesayde, that yf any person or persons after the sayde tenth day of Apryll next com­myng, eyther by the subornation, vnlawfull procurement, sinister perswasion or meanes of any others, or by theyr owne act, consent or agrement, wylfully and corruptly commit any maner of wylful periury, by his or their deposition in anye of the Courtes before mentioned, or beyng examined ad perpetuam rei memoriam: that then eue­ry person and persons so offendyng, and beyng thereof duely con­uict or attaynted by the lawes of this Realme, shal for his or their sayde offence lose and forfait twentie poundes, and to haue impri­sonment by the space of .vi. monethes without bayle or mainprise, and the othe of such person or persons so offendyng, from thence­forth not to be receaued in anye Courte of Recorde within this [Page 42] Realme of Englande or Wales, or the marches of the same, vntyll such tyme as the iudgement geuen agaynst the sayd person or per­sons, shalbe reuersed by attaynt or otherwyse. And that vpon eue­ry such reuersall, the parties grieued to recouer his or theyr dama­ges agaynst all and euery such person and persons as dyd procure the sayde iudgement so reuersed, to be geuen agaynst them or any of them, by action or actions to be sued vpon his or theyr case or cases, accordyng to the course of the cōmon lawes of this Realme. And yf it happen the said offendour or offendours so offendyng, not to haue any goodes or cattelles to the value of twentie poundes: that then he or they to be set on the pyllorye in some market place within the Shire, Citie, or Borough, where the saide offence shal­be committed, by the Sheriffe or his ministers, yf it shall fortune to be without any Citie or Towne corporate: And yf it happen to be within any such Citie or Towne corporat, then by the said head officer or officers of such citie or towne corporate, or by his or theyr ministers, and there to haue both his eares nayled, and frō thence­forth to be discredited and disabled for euer to be sworne in any of the courtes of Recorde aforesayde, vntyll suche tyme as the iudge­ment shalbe reuersed, and therevpon to recouer his damages in maner and fourme before mentioned. The one moitie of all which sūmes of money, goodes, & cattelles to be forfaited in maner and fourme aforesayde, to be to the Quene our soueraigne Lady, her heyres, & successours, & thother moitie to such person or persons as shalbe grieued, hyndered, or molested, by reason of any the offence or offences before mentioned, that wyll sue for the same by action of debte, byll, playnt, information or otherwyse, in any of the Quenes Maiesties courtes of Recorde, in the which no wager of lawe, essoigne, protection, or iniunction, to be alowed.

And be it also enacted by the aucthoritie aforesayde, that aswell the Iudge and Iudges of euery such of the said courtes where any suche suite is or shalbe, and whervpon any such periury is or shal happen to be committed: as also the Iustices of Assises and gaole delyuery in theyr seuerall circuites, and the Iustices of the peace in euery Countie within this Realme or in Wales, at their quarter Sessions, both within the liberties and without: shall haue full power and aucthoritie by vertue hereof, to enquire of all & euery the defaultes and offences perpetrated, committed, or done, con­trary to this Acte, by inquisition, presentment, byll, or informati­on before them exhibited, or otherwyse, lawfully to heare and de­termine the same, and therevpon to geue iudgement, awarde proces, and execution of the same, accordyng to the course of the lawes of this Realme.

[Page]And be it further enacted by the aucthoritie aforesayde, that the Iustices of Assise, of euery circuite within this Realme and els where within the Quenes dominions, shal in euery countie with­in theyr circuites, two tymes in the yere, that is to saye in tyme of theyr syttynges, make open proclamation of this estatute, or of the effect therof, to thintent no person or persons shalbe ignoraunt or miscognisaunt of the penalties herein conteyned.

Prouided also that this Acte nor any thyng therein conteyned, shal not extende to any spirituall or ecclesiasticall court or courtes within this Realme of Englande or Wales, or the marches of the same: But that all and euery such offendour or offendours as shal offende in fourme aforesayde, shall and may be punyshed by suche vsuall and ordinary lawes as heretofore hath ben and yet is vsed and frequented in the sayde ecclesiasticall Courtes: Any thyng in this present Acte conteyned to the contrary in any wyse notwith­standyng.

Prouided also, and be it further enacted by thaucthoritie afore­sayde, that if any person or persons, vpon whom any proces out of any of the courtes of Recorde within this Realme or Wales, shalbe serued, to testifie or depose, concernyng any cause or matter depen­dyng in any of the same courtes, and hauyng tendred vnto hym or them, according to his or their countenaunce or callyng, suche rea­sonable summes of money for his or theyr costes & charges, as ha­uyng regarde to the distaunce of the places is necessary to be alow­ed in that behalfe, do not appeare accordyng to the tenour of the sayde proces, hauing not a lawfull & reasonable let or impediment to the contrary: that then the partie makyng defaulte, to lose and forfait for euery such offence .x.li. and to yelde such further recom­pence to the partie grieued, as by the discretion of the Iudge of the court out of the which the saide proces shalbe awarded, accordyng to the losse & hynderaunce that the partie which procured the saide proces shall susteyne by reason of the non appearaunce of the saide wytnes or witnesses, the said seuerall summes to be recouered by the partie so grieued against the offendour or offendours, by action of debte, byll, plaint, or information, in any of the Quenes Maie­sties courtes of Recorde, in whiche no wager of lawe, essoigne, or protection to be alowed.

Prouided alwayes yt this Act or any thyng therin conteyned, shal not extend in any wyse to restraine the power or aucthoritie geuen by Act of parliament, made in the tyme of kyng Henry the .vii. to the Lorde Chauncelour of Englande, & others of the kinges coun­cell for the time being, to examine and punysh ryotes, routes, hey­nous periuries, and other offences & misdemeaninges, which Lord [Page 43] Chauncelour & other sithens the making of the said act, haue most commonly vsed to heare and determine such matters in the Court at Westminster commonly called the Starre chamber, nor to re­strayne the power or aucthoritie of the Lorde President and coun­cell of the marches of Wales, or of the Lorde President and coun­cell in the North, nor of any other Iudge hauyng absolute power to punyshe periury before the makyng of this estatute: But that they and euery of them shall and may proceade in the punyshment of all offences heretofore punyshable, in such wyse as they myght haue done, and vsed to do before the makyng of this Act, to all pur­poses, so that they set not vppon the offender or offenders lesse pu­nyshement then is conteyned in this Acte. This Acte to continue vnto the ende of the next Parliament.

An Acte to reuiue a Statute, made Anno .xxi. H.viii. touchyng seruauntes embeaselyng theyr maisters goodes. ¶ The .x. Chapter.

WHERE in the Parliament holden at London the thirde daye of Nouember, in the .xxi. yere of the raigne of the late kyng of moste famous and wor­thye memory kyng Henry the eyght, & from thence adiourned to Westminster, and there holden and continued by diuers prorogations vnto the dissolu­tion therof: It was ordeyned & enacted amonges other thynges, that all and singuler seruauntes to whom any Caskettes, Iewels, money, goodes, or cattelles, by his or theyr maister or maistres, shoulde from thenceforth be delyuered to kepe, that yf any suche seruaunt or seruauntes withdrawe him or them from theyr sayde maisters or maistresses, & go away with the said Caskets, Iewels, money, goodes, or cattelles, or any parte thereof, to the intent to steale the same, & defraude his or their saide maisters & maistresses therof, contrary to the trust and confidence to hym or them put by his or theyr sayd maisters & maistresses: Or els beyng in seruice of his said maisters or maistresses, without thassent or cōmaundemēt of his maisters or maistresses, embesell the same Caskets, Iewels, money, goodes, or cattelles, or any part therof, or otherwyse con­uert the same to his owne vse, with lyke purpose to steale it, that yf the sayde Caskettes, Iewels, money, goodes, or cattelles that any such seruaunt shall go away with, or which he shall embesell, [Page] with purpose to steale it, as is aforesayde, be of the value of .xl.s. or aboue: That then the same false, fraudulent, and vntrue acte and demeanout, shoulde from thenceforth be demed and adiudged fellonye, and that he or they so offendyng, shoulde be punyshed as other fellons for fellony cōmitted, by the course of the cōmon law, as by the sayd Act amonges other thynges therin conteyned more at large it doth and may appeare. Which sayde Acte, in the Parlia­ment begon and holden at Westminster the .v. daye of October in the first yere of the raigne of the late Quene Mary, and there con­tinued to the .xxi. daye of the same moneth, that is to saye, in the fyrst session of the same Parliament, by the generall wordes of one Acte then and there made, entituled an Acte repealyng of certaine treasons, fellonyes, and premunire, was from thenceforth vtterly repealed and made voyde.

And forasmuch as sithens the repeale of the same, the saide Acte is thought necessary for the common wealth of this Realme: Be it therfore enacted by our Soueraigne Layde the Quenes Maie­stie, with thassent of the Lordes spirituall and temporall, and the commons in this present Parliament assembled, and by the auc­thoritie of the same, that the saide Act made in the sayde .xxi. yere, and euery clause, article, braunche, sentence, and prouision therin conteyned, be from henceforth reuiued and put in due execution, accordyng to thintent and meanyng therof, and from henceforth shall stande good, endure, and continue for euer.

An Act agaynst the clippyng, washyng, roundyng, or fylyng of the Coynes. ¶ The .xi. Chapter.

Where as the offences of clipping, rounding, washyng, and fylyng of moneys or coynes of this Realme, was declared by an Act of Parliament in the tyme of king Henry the fyft, to be treason to the Kyng and the Realme, and accordyng to the saide Act, the same offences were and dyd continue trea­son, vntyll the fyrst yere of the raigne of Quene Mary: At which tyme, the paynes and penalties due for the sayde offences, were abrogate and taken awaye, by the generall Acte of repeale then made. By reason wherof, diuers false and euyll disposed persons, perceauyng them selues to be lose and free from the seueritie and daunger of the sayde lawe and penaltie, haue ben of late the more hardy and bolde, to attempte and practyse, for wicked lucre and [Page 44] gaynes sake, to diminishe, impayre, and falsifie the moneys and coynes curraunt within this Realme, and the dominions of the same, by such clyppyng, washyng, roundyng, and fylyng thereof, (not onlye) to the great dishonour of the Quenes Maiestie our so­ueraigne Lady that nowe is, by whose greate goodnes the newe moneys or coynes of the same, are nowe reduced to as much fine­nesse as euer hath ben in any tyme of her noble progenitours (but also) to the greate losse and damage of the good subiectes of this Realme, and more is lyke to be hereafter, yf the same be not spede­ly met withall.

For remedy wherof, be it enacted, declared, and establyshed, by the aucthoritie of this present Parliament, that from and after the fyrst day of Maye next commyng: Clyppyng, wasshyng, roun­dyng, or fylyng, for wicked lucre or gaynes sake, of any the proper moneys or coynes of this Realme, or of the dominions thereof, or of the moneys or coynes of any other Realme, allowed and suffred to be curraunt within this Realme, or the dominions thereof, at this present, or that hereafter at any tyme shall be the lawfull mo­neys or coynes of this Realme or of the dominions thereof, or of any other Realme, and by proclamation alowed and suffred to be curraunt heare, by the Quenes Maiestie, her heyres, or succes­sours: shalbe taken, deemed, and adiudged by vertue of this Acte, to be Treason, and the offendours therein, theyr counsaylours, consentours, and aydours, shalbe, from and after the same fyrste daye of Maye, taken, deemed, and adiudged as offendours in Treason, & beyng thereof lawefully conuicted or attaynted, accor­dyng to the due order and course of the lawes of this Realme, shall suffer paynes of death, and lose and forfait all his and their goodes and cattelles, and shall also lose and forfait all his & theyr landes and tenementes, duryng his and theyr naturall lyfe or lyues only.

And be it further enacted by the aucthoritie aforesayd, that all and euery person and persons, which haue any lawfull graunt to haue and enioye the forfaiture of landes, tenementes, goodes, or cattelles of offendours, and men attaynted in hygh Treason, with­in any Manour, Lordeshyp, Towne, Paryshe Hundrede, or other precinct within this Realme of England or Wales: shall and may at all tymes hereafter haue lyke libertie, to take, sease, and enioye all such forfaitures of landes, tenementes, goodes, and cattelles, as shall come or growe within theyr liberties, by force of the at­tayndour of any person or persons, for, and vpon any offence or of­fences made treason by this Acte, as they or any of them shoulde, ought, or myght haue, by vertue of any good and lawefull graunt to them or any of them heretofore had or made.

[Page]Prouided alwayes, and be it enacted by the aucthoritie afore­sayde, that this Acte nor any thyng therein conteyned, nor any at­tayndour or attayndours of any person or persons for any offence or offences made treason by this Acte, shall in any wyse extende, or be iudged, interpreted, or expounded, to make any corruption of bloud, to any the heyre or the heyres of any suche offendour or of­fendours, or to make the wyfe of any such offendour to lose or for­fait her dower, of, or in any landes, tenementes, or hereditamen­tes, or her tytle, action, or interest to the same: Any thyng in this Acte conteyned, or any attayndour or attayndours hereafter to be had for any offence or offences made treason by this Acte, to the contrary, notwithstandyng.

And be it further enacted by the aucthoritie aforesayde, that if any of the Lordes of the Parliament, or Peere of this Realme, for the tyme beyng, shall fortune at any tyme hereafter to be indicted of any offence made treason by this Act: that then they and euery of them shall haue his or theyr tryall by theyr peeres, as hath ben vsed heretofore in cases of hygh treason.

An Act touchyng Badgers of Corne and Drouers of Cattell, to be lycensed. ¶ The .xii. Capter.

WHere in the Session of Parliament holden vpon pro­rogatiō at Westminster the .xxiii. day of Ianuary in the fift yere of the raigne of our late soueraigne Lord king Edwarde the syxt, amonges other thynges it was en­acted, that whatsoeuer person or persons, after the fyrst day of May then next ensuyng, should ingrosse or get into his or theyr handes, by bying, contractyng, or promyse takyng (other then by demyse, graunt, or lease of lande or tythe) any Corne grow­yng in the fieldes, or any other Corne or Grayne, Butter, Cheese, Fyshe, or other dead victualles whatsoeuer, within the Realme of Englande, to the intent to sell the same agayne, shalbe accepted, reputed, and taken an vnlawefull engrosser or engrossers, with a prouiso and ordinaunce conteyned in the same Act, that it shoulde be lawfull to euery person or persons, beyng a common Badger, Lader, Kydder, or Carryer, which shalbe licenced, assigned, & alow­ed thervnto by thre Iustices of the peace of the Countie where the said badger, lader, kydder, or carryer shall dwell, which shall sell or deliuer in open fayer or market, or to any other victualler, or to any other person or persons, for the prouision of his or their house or [Page 45] houses, all such Corne, Fishe, Butter, or Cheese, as any such person or persons shal bye or cause to be bought, and that within one mo­neth next after he or they shall so bye any such corne, grayne, but­ter or cheese, so that the same shalbe bought without forestallyng: shall not be in any wyse demed, adiudged, or taken, any offence contrary to the sayde Acte.

And where also it is prouided & enacted by the same Act of Parlia­ment, that it shalbe lawefull to all and euery person and persons, knowen for a cōmon drouer or drouers, being licensed, aucthorised & alowed in wrytyng by the Iustices of the peace, wherof one to be of the Quorū, of the Countie or Counties where the same Drouer or Drouers shalbe most abydyng & dwelling, to bye Cattell in such Shires or Counties where drouers haue ben wont in tymes past accustomably to bye Cattell, at their free libertie and pleasure, and to sell the same agayne. And that it shalbe lawfull to euery person and persons which shalbe assigned and alowed by the Iustices of the peace of the Countie where he shall dwell, to bye, otherwyse then by forestallyng, Corne, Grayne, or Cattell, to be transported or carryed by water from any port or place within this Realme or Wales, vnto any other porte or place within the sayde Realme or dominions, as in the said act amongs other things doth appeare. Since the makyng of which Acte, such a great number of persons sekyng onely to lyue easely and to leaue theyr honest labour, haue and do dayly seke to be alowed & licensed to the sayde offices or do­ynges, beyng most vnfyt and vnmete for those purposes, and also verye hurtfull to the common wealth of this Realme aswell by thinhaunsyng of the prices of corne and grayne, and other the said victualles, as also by the diminishyng of the number of good and necessary husbandmen, which sayde number of drouers of Cattel, and badgers, laders, kydders, & carryers of corne and grayne, are many tymes without good orders, and due consideration, assigned & allowed thervnto, to the great preiudice of the common wealth.

In consideration wherof, be it enacted by the Quene our So­ueraigne Lady, with thassent of the Lordes spirituall and tempo­rall, and the Cōmons in this present Parliament assembled, & by thaucthoritie of the same, that no drouer of Cattel, Badger, lader, kydder, carryer, byer, or transporter of corne or grayne, butter or cheese, be from or after the feast of Easter next after the fyrst day of this present Parliament, licensed, admitted, assigned, or alowed to those offices or doinges, or to any of them, but only in the general & open quarters Sessions of the peace to be holden in the shire where such person or persons so to be admitted, assigned, or alowed, doth or shall dwell, and hath or shall haue dwelled there by the space [Page] of three yeres next before the Teste of his sayde licence. And that no person or persons after the first day of Maye next comming be admitted to the sayde offices or doynges, or to any of them, but such only as be or haue ben maryed men, and shalbe at the tyme of such licence to be graunted, householders, and not householde ser­uauntes, nor reteyners to any person or persons, and of the age of xxx. yeres at the least. And that all lycences beyng made & graun­ted as is abouesayde, shall haue continuaunce and be good onlye for one yere next after the date thereof, and for no more nor longer tyme. Which sayde lycences and euery of them, shall beare date of the day and place where the sayde Sessions shalbe holden, & shalbe signed and sealed with the proper handes and seales of three of the sayde Iustices of the peace beyng present at the same Sessions at the least, wherof one to be of the Quorum, vpon payne that euery person or persons that shall take any licence contrary to this ordi­naunce, to lose and forfait to our soueraigne Lady the Quene, her heyres, & successours, fyue poundes sterlyng. And that all licences made & graunted, or hereafter to be made and graunted, otherwise then is before expressed, shall from and after the sayde fyrst daye of Maye next commyng, be voyde and of none effecte.

And further be it enacted by the aucthoritie aforesayde, that the Iustices of the peace, in the sayde generall and open sessions, shall or maye by their discressions, take bonde and suertie from tyme to time by Recognisaunce, of such as shalbe admitted or alowed here­after a common drouer of cattell, badger, lader, kydder, carryer, or byer of corne, grayne, butter, or cheese, that they, nor any of them, shall by colour of his or theyr licence, forestall or ingrosse, or other­wyse practise or do any act or thyng contrary to the tenour & true meanyng, or in defraudyng the sayde former estatute, or of anye matter or thyng therin conteyned. All which licences, and euery of them, and the sayde Recognisaunces, shalbe made and wrytten by the clarke of the peace of euery Countie where such licence shal­be graunted, or by his lawfull deputie, and by none other person or persons. And euery person that shall haue any such licence, shal pay to the Clarke of the peace or his deputie, for makyng therof, xii.d. at the most, and for euery recognisaunce, in fourme aboue­sayde to be made and knowledged .viii.d. at the moste, and for re­gistryng of the same licence and Recognisaunce .iiii.d. at the most. For which saide fee, the saide Clarke or his deputie, shall haue and kepe one Register booke, and therein shall register and wryte all the names, surnames, and dwellyng places of suche as shalbe li­censed as aforesayde, with a briefe declaration or entrye of the sayde licence, and of the day, tyme, and place, where suche a licence [Page 46] or licences shalbe graunted. Whiche booke or register, the sayde Clarke of the peace, or his deputie, shall haue and bryng to euery Sessyons, to the intent that it maye appeare what number of li­cences be and shalbe from tyme to tyme graunted, whereby the better consideration may be had therof.

Prouided alwayes, and be it further enacted by thaucthoritie aforesayde, that no person or persons, shall or may by aucthoritie of any such licence aboue mentioned, bye any corne or grayne out of open fayer or market to sell agayne, vnlesse such person and per­sons shalbe thervnto licenced, and shall haue speciall and expresse wordes conteyned in such licence or licences that he or they may so do, vpon payne to forfait for euery such tyme that any such person or persons shall do to the contrary .v.li. The moitie of all whiche forfaitures afore rehearsed, shalbe to the Quene our soueraigne Lady, her heyres, and successours, and the other moitie to hym or them that wyll sue for the same in any of the Quenes courtes of Record, by byll, plaint, action of debt, or information: in the which byll, playnt, action, or information, no wager of lawe, essoigne or protection shalbe admitted.

Be it also enacted by the aucthoritie aforesayd, that the Iusti­ces of the peace in euery countie within this Realme or Wales, at the quarter sessions, shall haue full power and aucthoritie by ver­tue of this Acte, to enquire, heare, and determine all and euery the defaultes and offences, perpetrated, committed, or done contrary to this Acte, within the Countie where any suche sessions shalbe kept, by inquisition, presentment, byll or information before them exhibited, and by examination of two lawfull witnesses, or by any of the same wayes or meanes by the discression of the said Iustices, and to make proces thervpon, as though they were indicted before them by inquision, or by verdict of .xii. men or mo. And vpon the conuictiō of the offender, by information or sute of any other then the Quene, to make extractes of the moitie of the forfaitures, to be leuyed to the Quenes vse, as they vse to do of other fines and amerciamentes growen in the sessions of peace, & to awarde execu­tion of the other moitie for the complaynant or informer againste the offender, by Fieri facias, or Capias, as the Quenes Iustices at West­minster maye do, and vse to do. And yf any suche conuiction or attaynder, shall hereafter happen to be at the Quenes suite only, that then the whole forfaitures to be extracted and leuyed to the Quenes vse onlye.

Prouided alwayes, that this Acte or any thyng therin contey­ned, shall not in any wyse extende to the preiudice of the libertie of anye Citie or Towne corporate, but that they and euery [Page] of them shall and may lawefully assigne and licence Purueyours for the prouision of the same Citie or Towne corporate, in suche maner and fourme as they myght lawefully haue done before the makyng of this Acte.

Prouided further, that this Acte nor any thyng therein contey­ned, shalbe in any wyse hurtfull or preiudiciall vnto any the inha­bitauntes within the Counties of Westmerlande, Cumberlande, Lancaster, Chester, and Yorke, or any of them, but that they maye do as heretofore they haue lawfully vsed to do: Any thyng in this present Acte to the contrary, notwithstandyng.

An Acte for the reuiuing of a Statute, made Anno. ii. & .iii. Phil. & Marie, for the amending of hygh wayes. ¶ The .xiii. Chapter.

WHERE in the Parliament holden at Westminster in the second & third yeres of the raignes of the late Princes Kyng Philip & Quene Mary: Amongest other good Actes then had and made, one necessary Statute was prouided & establyshed for the amend­ment and reparation of the hygh wayes within this Realme, whiche Acte was made to endure and continue for seuen yeres, and after the expiration of the sayde seuen yeres, tyll the ende of the Parliament then next ensuyng, as by the same sta­tute more playnely appeareth. Whiche seuen yeres, forasmuch as they be nowe expired and ended, and the sayde Acte is very benefi­ciall and moste necessary to be continued for the ease and common weale of the people of this lande: Be it therefore enacted by the Quenes excellent Maiestie, the Lordes spirituall and temporall, and the commons in this Parliament assembled, & by the auctho­ritie therof, that the sayde Acte made in the sayde second and third yeres of the raigne of Kyng Philip & Quene Mary, touchyng and concernyng the reparation and amendement of the hygh wayes, and euery article and braunche of the same, shall from henceforth be, stande, and continue in full force, effect, and strength, for and duryng the terme of .xx. yeres next folowyng from and after the begynnyng of this present Parliament: and after thexpiration of the sayde .xx. yeres, to thende of the Parliament then nexte after the ende of the sayde .xx. yeres to be holden and kept.

And forasmuch as the sayde Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary, in diuers partes of [Page 47] this Realme, serueth not to so good purpose and effect as it may be made, for that such substaunce and matter as is most fytt and con­uenient for the reparations of the sayde wayes, cannot be law­fullye hadde, fetched, and taken out of the seuerall groundes and soyle therevnto nygh or adioynyng, beyng no great losse or detri­ment to the owners of the same seuerall groundes & soyle, where­by the amendement of the sayde wayes is lyttle encreased, or els of very small and slender continuaunce, to the great and continu­all charge and trouble of the poore people inhabytynge there­aboutes.

For reformation wherof, and that the reparations of the sayde hygh wayes may hereafter in good due maner well and sufficient­lye be made: Be it further by the aucthoritie of this present Par­liament enacted, that from henceforth it shall and may be lawfull to all and euery Superuisour and Superuisours and orderers of the workes for the tyme beyng, for the amendement of the sayde hyghe wayes therevnto elected and appoynted, accordyng to the Statute made in the seconde and thirde yeres of kyng Phillip and Quene Mary, for the better reparation and amendement of the wayes within theyr seuerall paryshes and limittes where they shalbe so made Superuisours (if it shalbe so to them thought necessary) to take and carry away of the rubbyshe or smallest bro­ken stones of any quarry or quarryes lying and beyng within the paryshe where they shalbe Superuisours, without licence, con­trolment, or impechement of the owner or owners, so muche as by theyr discressions shalbe demed and adiudged necessarye for the amendement of the saide wayes. And that for default of any quar­rye or quarryes not beyng within theyr sayde paryshe or limittes, or in defaulte of rubbyshe not to be founde in any suche quarry or quarryes: it shall and may be lawfull to euery such Superuisour or superuisours, for the vse aforesayde, in the seuerall groundes of any person or persons, beyng within the paryshe and limittes where they shalbe Superuisours, and nyghe adioynyng to the waye or wayes wherin such reparations shalbe thought necessary to be made, and wherein grauell, sande, or sinder is lykely to be founde, to dygge or cause to be dygged for Grauell, Sande, or Sinder, and lykewyse to gather stones lying vppon anye landes or groundes within the paryshe, and meete to be vsed to suche seruyce and purpose, and thereof to take and carrye awaye so much as by discression of the sayde Superuisours shalbe thought necessarye to be imployed in the amendement of the sayde hyghe wayes.

Prouided alwayes, that it shall not be lawfull to any such Su­peruisour, [Page] or superuisours by vertue of this Act, to cause any rub­byshe to be dygged out of any quarry or quarryes, but onely shall extende to such rubbyshe as shalbe founde there redy dygged by the owner or owners of the sayde quarry or quarryes, or otherwyse by his or theyr licence and commaundement, nor shall not extende or geue aucthoritie to any superuisour or superuisours to dygge or cause to be digged any grauell, sande, or sinder, in the house, gar­den, orcharde, or medowe of any person or persons, nor that it shal be lawefull by this Acte to any such superuisour or superuisours to cause any more pyttes to be dygged for grauell in any seuerall and inclosed grounde, then one only, and that the same pyt or hole so digged for grauell as is aforesayde, shall not by any waye be in breadth or length aboue ten yardes ouer at the most. And that eue­ry such Superuisour as shall cause any such pyt to be made & dyg­ged, for grauell, sande, or sinder, as is abouesaid, shall within one moneth next after any suche dyggyng or pyt made, cause the same to be filled and stopped by with earth, at the costes & charges of the pashioners, vpon payne to forfait to the owner or owners of the soyle wherein any such pyt shalbe made and dygged, for euery de­fault fyue markes, to be recouered by action of debte, as in other lyke cases of debte hath ben accustomed.

And forasmuche as the hygh wayes in sundrye places of this Realme be full of continuall sprynges and water courses, by con­tinuall encrease and synkyng wherof into the grounde, the sayde wayes are not only very depe & daungerous, but also for the moste part impossible to be amended and repaired in any good and suffi­cient maner, without some further remedye prouided for the same: Be it therfore by thaucthoritie aforesaide further enacted, that from henceforth euery such Superuisour & Superuisours as is aforesaide, shall by force of this Act, within the paryshe or limit­tes where he or they shalbe Superuisours, haue full power & auc­thoritie to turne any such water course or spring of water, beyng in any of the sayde hygh wayes, into any dyche or diches of the se­uerall grounde or soyle of any person or persons whatsoeuer nexte adioynyng to the sayd wayes, in such maner and fourme, as by the discressions of the said Superuisours shalbe thought metest and moste conuenient.

And be it further enacted by the aucthoritie aforesaide, that the hayes, fences, dykes, or hedges next adioynyng on eyther syde to any hygh or common fayryng way, shall from time to tyme be dy­ked, scoured, repayred, and kepte lowe, and all trees and busshes growyng in the hygh wayes cut downe by the owner or owners of the grounde or soyle which shalbe inclosed with the saide hayes, [Page 48] fences, dikes or hedges aforsaide, whereby the saide wayes may be open and the people haue more redye and easye passage in the same.

And whereas in the saide statute made in the saide second and thirde yeres of the reignes of the sayde Kynge Phillip and Quene Mary, there are but foure dayes yerely appointed for the repara­tions and amendement of the saide high wayes: Be it further by this present Parlyament enacted, that from hencefourth there shalbe yerely six dayes, duringe the tyme and force of this estatute, obserued, vsed, and employed in reparation and amendement of the sayde high wayes, in lyke maner and fourme as the saide foure dayes were lymitted and appointed to be obserued and kept, by the saide estatute made in the saide second and thirde yeres of Kynge Phillippe and Quene Mary.

And be it further enacted by the aucthoritie aforesaide, that from hencefourth, all and euerye suche Superuisour, or Superuisours, for the tyme beinge, within one moneth next after defaulte or offence made, done, or committed by any person or persons, contrary to the prouision, purporte and true meanynge of the saide estatute made in the second and third yeres of Kynge Philippe and Quene Mary, or contrary to the prouision, purport and true meanynge of this present Acte, shall present euery such default or offence, to the nexte Iustice of peace, for the tyme beinge, vppon payne to forfait for euery suche de­faulte and offence, in suche forte not by them presented .xl.s. And that euery suche Iustice of peace, to whom any suche defaulte or offence shalbe presented, as is aforesaid, shall certifie the same presentment so to him made, at the nexte generall Sessions within the said Countie then nexte after to be holden, vppon payne to forfayt for not certi­fyinge of euery suche presentment, of euery suche defaulte or offence, as is aforsaide .v.li. And that the Iustices of peace of euery Countie, where the saide defaultes or offences shalbe committed, shall imme­diatly haue aucthoritie to enquire of any suche defaulte or offence com­mitted within the limittes of their commission, at euery their quarter Sessions, and to assesse suche fynes for the same, as they, or two of them, whereof the one to be of the Quorum, shall thinke mete.

And be it further enacted by the aucthoritie aforesaide, that euery Iustice of peace, shall haue aucthoritie by this statute, vpon his owne proper knowledge in the open generall Sessions, to make pre­sentment of any high waye not well and sufficiently repayred and amended, or of any other defaulte or offence committed or done with­in the Countie and limittes of his commission, contrary to the proui­sion and entente of this statute, or the saide statute made in the seconde and third yeres of Kyng Phillippe and Quene Mary. And that euery such presentment, made by any such Iustice of peace, vppon his owne [Page] knowledge, as is aforesaide, shalbe as good and of the same force, strength, & effect in the law, as if the same had ben presented, founde, and adiudged by the othe of .xii. men. And that for euery such defaulte so presented, as is aforesaide, the Iustices of the peace of the saide Countie shall immediatly at the said generall Sessions, haue auctho­ritie to assesse suche fynes, as to them or two of them, wherof the one to be of the Quorum, shalbe thought mete. Sauing euery person and persons, that shalbe touched by any suche presentment, to haue his or their lawfull trauers to the same presentment, as they might haue vpon any Indictement of trespas, or forcible entrye, by the lawes of this Realme, before the making of this estatute.

And that all suche fynes, forfaitures, and amerciamentes to be assessed by the said Iustices of the peace, at their generall Sessions, in any the cases aforesaid, shalbe estreated by the clerke of the peace of the saide Countie, and shalbe leuyed in suche maner and fourme, and employed to suche vses and ententes, as in the saide statute made in the second and third yeres of Kynge Phillippe and Quene Mary, is limitted and appointed. This Acte to continue for twentie yeres nexte after the begynnynge of this present Parliament, and from thence vntill the ende of the Parlyament, then nexte after to be holden.

¶An Acte against the forgyng of Euidences and Wrytynges. The .xiiii. Chapter.

FOrasmuche as the wicked, perniciouse, and daun­gerous practise of makinge, forging, and publishinge of false and vntrue Charters, euidences, dedes, and writynges, hath of late tyme ben very muche more practised, vsed and put in bre in all partes of this Realme, then in times passed, not only to the high displeasure of God, but also to the greate iniurye, wronge, hurte, do­mage, disherison, and vtter vndoing of diuers the Quenes Maiesties subiectes of this Realme, and to the greate subuersion of Iustice and trueth, which semeth to haue growen and happened chieflye by rea­son that the paynes and punishments limitted for suche greate and notable offences, by the lawes and statutes of this Realme, before this time haue ben, and yet are so small, mylde, and easye, that suche euil people haue not ben, nor yet are afrayed to enterprise the practi­synge and doinge of suche offences: Be it therfore enacted by the Quenes moste excellent Maiestie, with the assent of the Lordes spi­rituall [Page 49] and temporall, and the Commons in this present Parliament assembled, and by the aucthoritie of the same, that if any person or per­sons whatsoeuer, after the firste daye of Iune, nowe nexte comming, vpon his or their owne head and imagination, or by false conspiracie and fraude with others, shall wittingly, subtillye, and falsely forge or make, or subtellye cause, or wittinglie assent to be forged or made, any false dede, Charter, or writinge sealed, court roole, or the will of any person or persons in writtinge, to the intent that the state of freeholde or inheritaunce of any person or persons, of, in, or to any landes, tene­mentes or hereditamentes, freeholde or Copie holde, or the right, tytle or interest of any person or persons, of, in, or to the same, or any of them, shall or maye be molested, troubled, defeated, recouered or char­ged, or after the saide firste daye of Iune, shall pronounce, publishe or shewe forth in euidence, any suche false and forged dede, Charter, wry­tynge, Court roole or will, as true, knowing the same to be false and forged, as is aforesaide, to the intent aboue remembred, and shalbe therof conuicted either vpon action or actions of forger of false dedes, to be founded vpon this statute, at the suite of the partie greued, or otherwise, accordinge to the order and due course of the lawes of this Realme, or vpon bill or information to be exhibited into the Court of the Starre chamber, according to the order and vse of that courte: shall paye vnto the partie grieued, his double costes and damages, to be founde or assessed in that Court where suche conuiction shalbe, and also shalbe set vpon the Pyllorye, in some open market towne, or other open place, and there to haue both his eares cut of, also his nosetrelles to be slyt and cut, and seared with an hot yron, so as they maye remaine for a perpetual note or marke of his falshead, and shall forfait to the Quene our soueraigne Lady, her heires and successours, the whole issues and proffites of his landes tenementes du­ringe his life, and also shall suffer and haue perpetuall imprisonment during his life. The said damages and costes to be recouered at the suite of the partie greued, as is aforesaid, to be first payde and leuyed, of the goodes and Cattels of the offendour, and of the yssues and pro­fites of the said landes, tenemētes, and hereditamentes of such partie conuicted, or of one or both of them, the saide title of our saide soue­raigne Ladye the Quene, her heyres, or successours to the same, not­withstandyng.

And be it further enacted by the aucthoritie aforesaid, that if any person or persons, after the saide first daye of Iune, vpon his or their owne head or imagination, or by false conspiration or fraude had with any other, shall wittingly, subtelly, and falselye forge or make, or wittinglye, subtelly, and falsely cause, or assent to be made and forged, any false Charter, dede, or writinge, to the intent that any person or [Page] persons, shall or may haue, or clayme any estate or interest, for tearme of yeres, of, in, or to any manours, landes, tenementes or heredita­mentes, not being copie holde, or any annuitie in fee simple, fee taile, for terme of lyfe, lyues, or yeres, or after the said day, shal as is aforesaid, forge, make, or cause, or assent to be made or forged any obligation or bill obligatorie, or any acquittaunce, release, or other discharge of any debte, accompte, action, suite, demaunde, or other thing personall, or if any person or persons, after the saide firste day of Iune, shall pro­nounce, publishe, or geue in euidence any suche false or forged Charter, dede, writynge, obligation, bill obligatorie, acquittaunce, release or discharge, as true, knowynge the same to be false and forged, and shalbe thereof conuicted, by any the wayes or means aforesaide: that then he shall paye vnto the partie greued his double çostes and damages, to be founde and assessed in suche courte, where the saide conuiction shalbe had, and shalbe also set vpon the Pyllorie in some open market towne, or other open place, and there to haue one of his cares cut of, and also shall haue and suffer imprisonment by the space of one whole yere, without bayle or mainprise.

And be it further enacted by the aucthoritie aforesaid, that the partie and parties greued, by reason of any the offences aforesaide, shall and maye at his and their pleasure, haue and sue his action of forger of false dedes, vpon this statute, against any the offen­dours in the same, by originall writte out of the Quenes highnes Courte of Chauncerie, and shall and maye haue lyke processe vppon the same, as in cases of trespasse at the common lawe, or maye at his pleasure take his suite against any suche offendours, in any the premisses, by byl, before the Quenes highnes, her heyres and suc­cessours, in her Court commonlye called the kynges Benche, or in the Court of the Exchequer, in whiche suites, no essoygne, iniunction or protection shalbe allowed for the partie defendaunt.

And be it further enacted, by the aucthoritie aforesaide, that yf the partie defendaunt shalbe conuicted for any the offences aforesaid, accordyng to the order and fourme aboue lymitted, and shall haue re­ceaued thereupon punishement corporall; accordynge to this acte: that then he shall not eftsones be empeached for the same offence.

And be it further enacted by the aucthoritie aforesaide, that al­though the partie or parties plaintife, in any suche action or byll to be sued, as is aforesaid, shal after verdyt passed against the defendaunt or defendauntes, happen to releasse or discharge the iudgemēt or executi­on vpon the same, or otherwise suffer the same to be discontinued: that yet neuerthelesse the same releasse, discharge, or discontinuaunce shall extende onelye to discharge suche costes and damages, as the same plaintifes shoulde haue had against the defendaunt, and that the [Page 50] Iudges before whome the saide action or suite shalbe taken, shall and may procede to Iudgement, of, and vpon the residue of the saide penalties and forfaitures, and to commaunde execution vppon the same, the sayde release, discontinuaunce or other discharge, had, made, done, or suffered by the partie plaintife in any wise notwithstanding: This Acte or any thing therein conteined to the contrary in any wyse notwithstandyng.

And be it further enacted, by the aucthoritie aforesaide, that if any person or persons, beinge hereafter conuicted or condempned of any the offences aforesaide, by any the wayes or meanes aboue li­mitted, shal after any suche his or their conuiction or condempna­tion eftsones commit or perpetrate any of the saide offences in fourine aforesaide: that then euery suche seconde offence or offences, shalbe adiudged felonye, and the parties being therof conuicted or attainted accordinge to the lawes of this Realme, shall suffer such paynes of death, losse and forfaiture of their goodes, cattles, landes and tene­mentes, as in cases of felony, by the common lawes of this Realme, ought to be lost or forfayted, without hauinge any aduauntage or be­nefit of Clergie or Sanctuarye. Sauynge to euery person and per­sons, bodyes polytike and corporate, their heyres and successours, other then the said offendours, and suche as clayme to their vses, all such rightes, titles, interestes, possessiōs, liberties of distresses, leasses, rentes, reuercions, offices and other profites and aduauntages, which they or any of them shall haue at the tyme of suche conuiction or attaindour, of, in, or to any the landes, tenemētes, or hereditamētes of any suche persone, so, as is aforesaide, conuicted or attainted, or at any tyme before, in as large and ample maner to all intentes and pur­poses, as if this Acte had neuer ben had nor made.

Prouided alwayes, and be it enacted by the aucthoritie aforesaid, that any suche conuiction or attaindour of fellony, as is aforesaide, or any forfaiture by reason of the same, shall not in any wise extende to take awaye the dower of the wife of any suche person attainted, nor to the corruption of bloude, or disherison of any the heyre or heyres of any suche person or persons so attainted: This Acte or any thinge therin conteyned, or any other statute, lawe, vsage, custome or thinge heretofore vsed to the contrary, in any wise notwithstandyng.

Prouided also, and be it further enacted by the aucthoritie afore­said, that this Acte or any thinge therein conteyned, shall not extende to charge any ordinary or any there Commissaries, officials, registers, or any other their officers, or ministers, with any the offences afore­saide, for puttinge their Seale of office to any will, to be exhibited vnto them, not knowinge the same to be false or forged, or for writing of the sayde will or probate of the same: This Acte or any thynge [Page] therin conteined to the contrary notwithstandyng.

And be it further enacted by the aucthoritie aforesaid, that all and euery Iustices of Oyer and determiner, and Iustices of Assise in their circuites, and euery of them, shall haue full power and auc­thoritie in euery of their open and generall Sessions, to enquire, heare and determine, of all and euery the offences aforesayde, com­mitted or done within the limittes of their Commission, and to make processe for the execution of the same, as they maye do against any person, beinge indited before them of trespasse, or lawfullye conuicted thereof.

And be it further enacted, by the aucthoritie aforesaide, that all other statutes heretofore made prouyded for forger of false dedes, Charters, munimentes or writinges, and all and euery penaltie ap­pointed by the same, shal from and after the said first daye of Iune, be voyde and of none effecte in the lawe: Any suche statute or thynge therin conteyned to the contrary in any wise notwithstanding.

Prouided alwayes, that this Acte or any thynge therein con­teyned, shall not extende or be hurtefull in any wyse to any Proctour Aduocat, or Register of any Ecclesiastical courte within this Realme, for the writyng, setting forth, or pleading of any proxie made accor­dynge to the Ecclesiasticall lawes, or customes, heretofore vsed and allowed by the Ecclesiasticalll courtes of this Realme, for the ap­pearaunce of any person or persons, beinge cited to appeare in any of the sayde Courtes Ecclesiasticall, nor to any Archdeacon or offi­ciall, for puttynge their Autentique seale to the sayde proxies, or proxie, neyther yet to any Iudge Ecclesiasticall for admittynge of the same: But that they, and euery of them maye hereafter do in all pointes, concernynge the same, as they and euery of them myght lawfully haue done, before the makynge of this Acte: Any thinge in this Acte to the contrary in any wyse nothwithstandyng.

Prouyded alwayes, and be it further enacted by the aucthoritie aforesayde, that yf any persone or persons whatsoeuer, that hath of his or theyr owne heade, or by false conspiracie and fraude with any other, wittingly, subtelly, and falselye, forged or made, or shall before the sayde firste daye of Iune, forge and make any false dede, charter, or writinge sealed, or the wille of any person in writinge, or any Courterolle, to the entent that the state of freholde or in­heritaunce, or the right, tytle or interest of inheritaunce or freholde of any person or persons, of, in, or to any manours, landes, tenementes or hereditamentes, beyng freholde or copyholde, or that by any such forged dede, charter, Courtroll or writynge, before the sayde firste daye of Iune, shall or may be molested, troubled, or defeated of any the saide estates of any landes, tenementes or hereditamentes, [Page 51] beinge freholde or copyholde, or if any person or persons haue here­tofore publyshed or shewed forth in euidence, or before the sayde first daye, shall publyshe or shewe in euidence, for the proffe of any title, any false and forged dede, charter, writynge, wille or Court­rolle, as true, knowynge the same to be false and forged, as is afore­saide, to the intent aboue remembred, and shalbe thereof attainted or conuicted, accordynge to the order of the lawes of this Realme, eyther in an action of forget of false faits, or in an action vppon the case, at the sute of the patrie greued, his heires, executours, or assignees: that then the partie so conuicted, shall paye and yelde damages and costes of sute, to the plaintife as shalbe assessed, ac­cordyng to the order of the lawes of this Realme, in any suche lyke action or sute, and shall suffer imprisonment, and paye fyne and caunsome at the pleasure of the Quenes Maiestie, her heyres and successours. And if any person or persons, shall after the sayd first daye of Iune, pleade, publishe, or shewe forth in euidence, or other­wise, for the proffe of any tytle, any false and forged dede, charter, writynge, wille, or courtrolle, (heretofore falselye made and forged, or to be falsely made and forged before the sayde first daye of Iune,) as true, knowynge the same to be false and forged, to the intent to haue or clayme thereby any estate of inheritaunce, freholde, or leasse of yeres, in or to any manoues, landes, tenementes or he­reditamentes, or any annuitye, rent or profite forth of anye ma­nours, landes, tenementes or hereditamentes, or to the entent to alter, defeate, moleste, trouble, charge, or recouer the estate of inhe­ritaunce, freholde, or for yeres of any person, in any manours, landes, tenementes, rentes or hereditamentes: That then euery person and persons that shall so offende, and shalbe thereof conuicted in fourme firste aboue remembred, shall paye vnto the partie greued, double costes and damages, and shall haue imprisonment, losse of eares, slittinge and searynge of nose, and forfaiture of landes, in the same maner and fourme as aboue is lymitted for any person that shal offende by forgynge or publishynge of any false dede or writynge, as is aforesayde, after the aforesaide first daye of Iune.

Prouided alwayes, and be it enacted by the aucthoritie afore­sayde, that this Acte nor any paine, forfaiture, or thynge therin con­teyned, shall extende to any Attourney, Lawyer, or Counselour, that shall for his clyent pleade, shewe forth, or geue in euidence any false and forged dede, Charter, wille, Courtrolle, or other wrytynge, for true or good, beinge not partye and priuey to the forgynge of the same, for the pleadynge, shewynge forthe, or geuynge in euydence of the same: Anye thinge in this Acte to the contrarye notwith­standynge.

[Page]Prouyded alwayes, and be it enacted by the aucthoritie afore­said, that this Acte, or any thynge therein conteyned, shall not extende to any person or persons, that shall pleade or shewe forth any dede or writynge exemplifyed vnder the greate Seal of Eng­lande, or vnder the Seal of any other Autentique Court of this Realme, nor shall extende to any Iudge or Iustice; or other per­son, that shall cause any Seal of any Court to be set to any suche dede, Charter, or wrytynge, inrolled, not knowynge the same to be false or forged: Any thynge in this Acte to the contrary not­withstandyng.

¶An Acte against fonde and Phantasticall Prophesies. The .xv. Chapter.

FOrasmuche as sithens the expiration and ending of the Statute made in the time of Kynge Edwarde the sixte, entytuled an acte against fonde and fantasti­call prophesies, diuers euill disposed persons enclined to the stirring and mouinge of factions, seditions, and rebellions within this Realme, haue byn the more bolde to attempte the lyke practise in fayning, imagining, inuenting, and publyshing of suche fonde and phantastical prophesies, aswel con­cerning the Quenes Maiestie, as diuers honorable personages, Gen­tilmen, and others of this Realme, as was vsed and practised before the makinge of the saide statute, to the greate disquiete, trouble, and perill of the Quenes Maiestie, and of this her Realme. For remedie wherof: Be it ordeyned and enacted by the aucthoritie of this pre­sent Parlyament, that if any person or persons, after the first daye of Maye nexte comminge, do aduisedly, and directly aduaunce, publishe, and set forth by writing, printing, syngyng, or any other open speache or dede, to any person or persons, any fonde, phantasticall or false pro­phesie, vpon or by the occasion of any armes, fieldes, beastes, badges, or suche other lyke thinges accustomed in armes, cognisaunces, or si­gnettes, or vpon, or by reason of any tyme, yere or day, name, blodshed, or warre, to the intent thereby to make any rebellion, insurrection, dis­sention, losse of life, or other disturbaunce within this Reame, and other the Quenes dominions: that then euery suche person beinge [Page 52] thereof lawfullye conuicted, accordynge to the due course of the lawes of this Realme, for euerie suche offence shall suffer imprison­ment of his bodye by the space of one yere without bayle or main­prise, and shall forfait for euerye suche offence the summe of tenne poundes. And if any suche offendour do after suche conuiction eftsones offende in any of the premisses, and be thereof lawfullye con­uicted, as is aforesaid, that then euery suche offendour shall for his seconde offence and conuiction as is aforesaide, suffer imprisonment of his bodie without bayle or mainprise duringe his life, and shall forfait al his goods and cattels realles and personales. The moities of euery whiche forfaitures, shalbe to the Quenes highnes, her heyres and successours, and the other moities thereof, to him that shall or will sue for the same in any of the Quenes courtes of re­corde, by action, bill, plainte or information, in which case no essoygne, wager of lawe, or protection shalbe allowed or admitted.

And be it further enacted by the aucthoritie aforesaid, that all and euerye Iustice of assise, Iustice of Oyer and determiner, Iustice of peace, shall haue full power and aucthoritie, by vertue hereof, to enquire, heare and determine, all and euery offence or offences aboue­said, committed or done within the lymittes of their comission, con­trarye to the tenour and meanynge of this Acte.

Prouided alwayes, and be it enacted by the aucthoritie aforesaide, that no person or persons; shall at any tyme hereafter be empeached for any offence hereafter to be committed or done, contrarie to this acte, vnlesse he be therefore empeached or accused within sixe monethes nexte ensuynge any suche offence, by hym or them committed or done.

¶An Acte against Coniurations, Enchaunt­mentes, and Witchcraftes. The .xvi. Chapter.

WHere at this present, there is no ordinarye ne con­digne punishment prouided against the practisers of the wicked offences of coniurations & inuocations of euill Spirites, & of Sorceries, Enchauntementes, charmes and witchcraftes, the whiche offences, by force of a Statute made in the .xxxiii. yere of the reigne of the late Kyng Henry the .viii. were made to be felony, & so continued vntill the saide Statute was repealed by the acte and statute of [Page] repeale made in the first yere of the reigne of the late Kynge Edwarde the sixte: Sithens the repeale whereof, many fantasticall and diue­lishe persons haue deuised and practised Inuocations and Coniura­tions of euill and wicked Spirites, and haue vsed & practised witch­craftes, enchauntmentes, charmes, and Sorceries, to the destruction of the persons and goods of their niegbours, and other subiectes of this Realme, & for other lewde intents and purposes contrarie to the lawes of almightie God, to the perill of their owne soules, and to the greate infamie and disquietnes of this Realme.

For reformation whereof, be it enacted by the Quenes Maiestie, with the assent of the Lordes spirituall and temporall, and the Com­mons in this present Parliament assembled, and by the aucthoritie of the same, that if any person or persons, after the first day of Iune nexte comming, vse, practise, exercise any Inuocations or Coniura­tions of euill and wicked Spirites, to or for any intent or purpose, or els if any person or persons, after the saide first day of Iune, shall vse, practise, or exercise any witchcrafte, enchauntement, charme, or Sorcerie, whereby any person shall happen to be kylled or destroyed: that then aswell euery suche offendour or offendours in Inuoca­tions or coniurations, as is aforesaid, their aydours and counsellours, as also euerie such offendour or offendours, in witchcrafte, enchaun­mente, charme, or Sorcerie, whereby the death of any person dothe ensue, their aidours and counsailours beinge of eyther of the said of­fenses lawfully conuicted and attainted, shall suffer paynes of death, as a felon or felons, and shall lose the priuilege and benefite of Clergie and sanctuarie. Sauinge to the wyfe of suche person, her tytle of dower, and also to the heyre and successour of suche person, his, or their tytles of inheritaunce, succession, and other rightes, as though no suche attaindour of the auncestour or predecessour, had ben had or made.

And further, be it enacted by the aucthoritie aforesiade, that if any person or persons, after the saide first daye of Iune nexte commyng, shall vse, practise, or exercise any witchcrafte, enchauntement, charme, or sorcerie, whereby any person shal happen to be wasted, consumed, or lamed in his or her bodie, or membre, or whereby any goodes or Ca­tels of any person shalbe destroyed, wasted, or empayred: then euerye suche offendour or offendours, their counsailours and aydours, being thereof lawfullye conuicted, shall for his or their firste offence or of­fences suffer imprisonment by the space of one whole yere, withoute bayle or mainprise, and once in euery quarter of the said yere, shall in some market towne, vppon the market daye, or at suche tyme as any Fayre shalbe kepte, there stande openly vpon the Pyllorie, by the space of .vi. houres, and there shall openly confesse his or her errour and [Page 53] offence, and for the seconde offence; beinge as is aforesaide, lawe­fullye conuicted or attained, shall suffer death, as a felon, and shall lose the priuilege of Clergie and Sanctuary. Sauinge to the wyfe of suche person, her tytle of dower, and also to the heyre and succes­sour of suche person, his or their tytles of inheritaunce, succession, and other rightes, as thoughe no suche attaindour of the auncestour or predecessour had ben had or made.

Prouided alwayes, that yf the offendour in any of the cases afore­saide, for whiche the paynes or death shall ensue, shall happen to be a peere of the Realme, then his tryall therin to be had by his peeres, as it is vsed in cases of fellonye or treason, and not otherwise.

And further, to the intent that all maner of practise, vse, or exercise of Whitchcrafte, Enchauntemente, Charme, or Sorcerie, shoulde be from henceforth vtterlye auoyded, abolished, and taken awaye: Be it enacted by the aucthoritie of his present Parlyament, that yf any person or persons shall from and after the sayde first daye of Iune nexte commynge, take vpon hym or them, by wytchcrafte, En­chauntement, charme or Sorcerye, to tell or declare in what place any treasure of golde or siluer shoulde or might be founde, or had in the earth, or other secret places, or where goodes or thinges loste, or stollen, shoulde be founde or become, or shall vse or practise any Sorcerie, Enchauntemente, Charme or Witchcrafte, to the intent to prouoke any person to vnlawful loue, or to hurt or destroye any person in his or her bodye, member, or goodes: That then euery suche person or persons so offendynge and beinge thereof lawfullye conuicted, shall for the sayde offence suffer imprisonment by the space of one whole yere without bayle or mainprise, and once in euery quarter of the sayde yere, shall in some market towne, vppon the market daye, or at suche tyme as any Fayre shalbe kepte there, stande open­lye vpon the Pyllorie, by the space of sixe houres, and there shall openly confesse his or her errour and offence. And if any person or persons, beinge once conuicted of the same offences, as is aforesaid, do eftsones parpetrate and committe the lyke offence: That then euery suche offendour, being thereof the seconde tyme conuicted, as is aforesaide, shall forfaite vnto the Quenes Maiestie, her heyres and successours, all his goodes and cattelles, and suffer imprisonment durynge lyfe.

¶An Acte for the punyshement of the vyce of Buggorye. The .xvii. Chapter.

WHere in the Parlyament begonne at London the third daye of Nouember, in the .xxi. yere of the late Kyng of most famous memorie Kyng Henry the eight, and after by prorogation holden at Westminster, in the .xxv. yere of the reigne of the saide late Kynge, there was one Acte and statute made, entytuled, an Acte for the punyshement of the vice of Buggorye, whereby the sayde detestable vice was made felony, as in the sayde Estatute more at large it doth and maye appeare. Forasmuche as the sayde statute, concernynge the punishement of the sayde cryme and of­fence of Buggorie, standeth at this present repealed and voyde, by vertue of the statute of repeale, made in the first yere of the reigne of the late Quene Mary, Sithen whiche repeale so had and made, diuers euill disposed persons, haue ben the more bolde to commit the sayde moste horrible and detestable vyce of Buggorie aforesaide, to the high displeasure of almightie God: Be it enacted, ordeyned and established by the Quene our soueraigne Lady, and by the assent of the Lordes Spirituall and temporall, and the Com­mons in this present Parlyament assembled, and by the auctho­ritie of the same, that the sayd statute before mentioned, made in the xxv. yere of the sayde late Kynge Henry the eyght, for the punishe­ment of the sayde detestable vyce of Buggorye, and euery braunche, clause, article and sentence therein conteyned, shall from and after the first daye of Iune nexte commynge, be reuiued, and from thenceforth shall stande, remayne, and be in full force, strength and effecte for euer, in suche maner, fourme, and condition as the same statute was at the daye of the death of the sayde late Kynge Henry the eyght, the sayde statute of repeale made in the sayde firste yere of the sayde late Quene Mary, or any wordes generall or spe­ciall therin conteyned, or any other Acte or Actes, thinge or thinges, to the contrary notwithstandyng.

An Act declaryng thaucthoritie of the Lorde keper of the great Seale of Englande and the Lorde Chauncelour, to be one. ¶ The .xviii. Chapter.

WHere some question hath of late rysen, whether lyke place, aucthoritie, preheminence, iurisdiction and power, doth belong, and of ryght ought to be­long to the office of the Lorde keper of the greate Seale of Englande for the tyme beyng, as of right doth and ought to belong to the office of the Lorde Chauncelour of Englande for the tyme beyng, or not.

For declaration wherof, and in aduoydyng such question here­after: Be it enacted and declared by the Quene our Soueraigne Lady, the Lordes spirituall and temporall, and the Commons in this present Parliament assembled, and by the aucthoritie of the same, that the common lawe of this Realme is, and alwayes was and ought to be taken, that the keper of the great Seale of Eng­lande for the tyme beyng, hath alwayes had, vsed, and executed, and of ryght ought to haue, vse, and execute, and from henceforth may haue, perceaue, take, vse, and execute, as of ryght belongyng to thoffice of the keper of the great Seale of Englande for the time beyng, the same and lyke place, aucthoritie, preheminence, iuris­diction, execution of lawes, and all other customes, commodities, and aduauntages, as the Lorde Chauncelour of Englande for the tyme beyng, lawfully vsed, had, and ought to haue, vse, & execute, as of ryght belongyng to the office of the Lorde Chauncelour of Englande for the tyme beyng, to all intentes, constructions and purposes, and as yf the same keper of the great Seale for the tyme were Lorde Chauncelour of Englande.

An Acte for the repeale of a braunche of a Statute, made Anno .i. Ed. vi. touchyng the conueying of Horses and Geldynges out of the Realme. ¶ The .xix. Chapter.

WHere in the Parliament holden at Westminster in the firste yere of the raigne of the late kyng Edwarde the sixt, brother to our Soueraigne Lady the Quenes Maiestie that nowe is, amongest diuers other Sta­tutes, there was one Acte and Statute made agaynst [Page] the carryng and conueying of any Horses, Geldynges, or Mares out of this Realme: In which Act, amongest other thinges, there is one prouiso or braunche conteyned in these wordes hereafter fo­lowing. That is to saye: Prouided alwayes that it shalbe lawful to euery of the kynges subiectes, that shall passe ouer beyonde the Sea, to shyppe and carry with them Horses or Geldynges for their only occupation in theyr iourneyes, and not to thintent to sell the same beyonde the Sea, and that intente to be iudged by othe of hym or them that so wyll carry ouer any Horse or Geldyng, which othe shalbe taken before the Customers or theyr deputies, or Sear­cher of euery such Porte where the same Horse or Geldyng shalbe shypped, before the shyppyng thereof, as by the same Acte and pro­uiso it doth and may appeare. And although the same Acte and Statute in all partes therof (except the sayde prouiso) is very be­neficiall and profitable for this Realme: Yet neuerthelesse, by co­lour of the sayed prouiso and braunche conteyned in the sayd Sta­tute, many euyll disposed persons, of a couetous and greedy desyre, do dayly transport out of this Realme very great numbers of Hor­ses and Geldynges, and do exchaunge and sell the same in the par­ties beyonde the Seas, for theyr owne priuate lucre and gayne. And because the tryall of such offences is by force of the sayde pro­uiso and braunch, mentioned in the sayde Statute, no otherwyse to be tryed or iudged but onlye by the othe of the offendour hym selfe: therefore the offendours therin do escape vnpunyshed, and therby many persons are greatly encouraged dayly to commit the lyke offences, contrary to the true meanyng and entent of the said Statute.

For the redresse wherof: Be it enacted by the Quenes Maiestie, with thassent of the Lordes spirituall and temporall, and the com­mons in this present Parliament assembled, and by aucthoritie of the same, that all the sayde prouiso and braunche before rehearsed and mentioned, and conteyned within the sayde Acte and Sta­tute, and euery article and sentence conteyned within the sayde prouiso, shal from henceforth be repealed, made voyde, and of none effecte, and that all the residue of the sayde Acte and Statute, shall stande, remayne, and be in full force and strength: Any thing herein specified to the contrary not withstandyng.

An Act for the punyshement of Vagaboundes, callyng them selues Egiptians. ¶ The .xx. Chapter.

WHere as sithens the Acte made in the first and seconde yeres of the late Kyng & Quene, kyng Phillip and Quene Mary, for the punyshement of that false and subtyle companye of vagaboundes callyng them selues Egiptians, there is a scruple and doubt rysen, whether such persons as beyng borne within this Realme of England, or other the Quenes high­nes dominions, and are or shall become of the felowshyp or com­pany of the sayde vagaboundes, by transforming or disguysyng them selues in theyr apparell, or in a certayne counterfait speache or behauour, are punyshable by the sayde Acte, in lyke maner as others of that sort are being straungers borne, and transported in­to this Realme of England.

Therefore for thaduoydyng of all doubtes and ambiguities in that behalfe, and to thintent that all suche sturdye and false vaga­boundes of that sort, lyuyng onely vpon the spoyle of the simple people, may be condignely met withall and punyshed: Be it enac­ted by the Quene our soueraigne Lady, the Lordes spirituall and temporal, and the Cōmons in this present Parliament assembled, and by the aucthoritie of the same, that the saide Statute made in the first and seconde yeres of the sayd late kyng and Quene, concer­nyng those bagaboundes callyng them selues Egiptians, shal con­tinue, remayne, and be in full force, strength, and effect.

And yet moreouer, be it enacted by the aucthoritie aforesayde, that all and euery person and persons, whiche from and after the fyrst day of Maye nowe next ensuyng, shalbe sene or founde with­in this Realme of Englande or Wales, in any company or felow­ship of vagaboundes, cōmonly called or callyng them selues Egip­tians, or counterfaityng, transformyng, or disguising them selues by theyr apparell, speache, or other behauour, lyke vnto suche va­gaboundes cōmonly called or callyng them selues Egiptians, and so shall or do continue and remayne in the same, eyther at one time or at seuerall tymes, by the space of one moneth: That then the same person or persons, shall by vertue of this Acte, be demed and iudged a felon and felons, and shal therfore suffer paynes of death, losse of landes and goodes, as in cases of felony by the order of the common lawes of this Realme, and shall vpon the tryall of them or of any of them therin, be tryed in the countie and by the inhabi­tauntes [Page] of the countie or place where they or he shalbe apprehen­ded or taken, and not per medietatem lingue, and shall lose the priuiledge and benefite of Sanctuary and Clergie.

Prouided alwayes and be it enacted by thaucthoritie aforesaid, that this Acte shall not in any wyse extende to any chylde or chyl­dren being within the age of .xiiii. yeres, nor to any of the sayd per­sons being in prison the last day of this present parliament, so that he or they so beyng in pryson, do within .xiiii. dayes next after his or theyr deliuery out of pryson, eyther depart out of this Realme of Englande and Wales, or put hym or them selues to some honest seruice, or exercyse some lawful worke, trade, or occupation, and vtterly forsake the sayde ydle and false trade, conuersation, and be­hauour, of the sayde counterfait or disguysed vagaboundes, com­monly called or callyng them selues Egiptians.

Prouided also, and be it enacted by thaucthoritie aforesayde, that the said Act made in the first and seconde yeres of the said late kyng and Quene, shall not extende to compell any person or per­sons, borne within any the Quenes Maiesties dominions, to de­part out of this Realme of Englande or Wales, but onely to con­strayne and bynde them & euery of them to leaue theyr said naugh­tie, ydle, and vngodly lyfe and company, and to place them selues in some honest seruice, or to exercyse them selues at home with theyr parentes, or els where honestly, in some lawfull worke, trade, or occupation: Any thyng mentioned in the sayde former Act to the contrary hereof in any wyse notwithstandyng.

An Act for the punyshment of vnlawfull takyng of Fyshe, Deare, or Haukes. ¶ The .xxi. Chapter.

WHERE aswell the Quenes Maiestie, and her moste noble progenitours, as also the noble men, gentlemen and diuers other persons of great dominions, Lorde­shyppes, manours, & possessions, within this Realme, haue of auncient & long time had, and many of them nowe of late, to theyr great costes and charges, for the necessarye & better prouision & maintenaūce of theyr housholdes, haue erected and made in and vpon theyr seuerall demeanes, groundes, & posses­sions, aswell pooles, stanges, stewes, motes, pyttes or pondes, for the only encrease of Fishe, and haue stored the same with Pikerell, Breame, Tenche, Carpe, and diuers other good kyndes of fishe, for the necessary encrease of vittayles, and for the better maintenaūce [Page 56] and prouision of their houses as is aforesayde, and also haue em­parked, enuironed & enclosed many parcels of their said demeanes, soyles, groundes, and possessions, for the breedyng, cherishyng, and encrease, aswell of redde as fallowe Deare, within theyr seuerall parkes and inclosures, for the causes afore declared, and also haue breeding within their woods & groundes diuers Eyries of hawkes of sundry kyndes, to theyr great pleasure and commoditie. Yet ne­uerthelesse, the saide seuerall waters, groundes, parkes, and enclo­sures so beyng had, erected, and made, and also beyng so stored and replenyshed, haue ben from time to time by euyll disposed persons, of a very euyll, wylfull, and insolent disposition, & of mallyce and displeasure, not only by night time broken and entred into, but al­so the heddes or dammes of the said pondes, pooles, stanges, motes, stewes, or seuerall waters, haue ben maliciously, wylfully, and vn­lawfully cut out, and the pales, fences, and inclosures of the saide parkes and groundes, broken, cast downe, & set open, and the Fishe, Deare, and Hawkes within the same, taken, destroyed, caryed a­way, and stollen, not only to the great losse and damage of the ow­ners therof, and to the small encouragement of other good subiects myndyng the carefull prouision of suche necessary victualles, but also to the manifest emboldenyng of many lyke wylfull malefac­tours and malicious offendours, wherby many ryots, manslaugh­ters, mischiefes and other inconueniences haue ben dayly perpe­trated, and lyke to be committed and done, yf circumspect remedye be not herevnto prouided.

Be it therfore enacted by the Quenes Maiestie, the Lordes spi­rituall and temporall, and the cōmons of this present Parliament assembled, and by the aucthoritie of the same, that yf any person or persons after the feast of Pentecost next cōmyng, shall at any tyme by day or by nyght, vnlawfully without aucthoritie, breake, cutte downe, cut out, or destroy any hedde or heddes, damme, or dammes, of any pondes, pooles, motes, stanges, stewes, or seuerall pyttes, wherin fyshe are, or shall happen to be put in or stored withall by the owners or possessioners therof, or do or shall wrongfully fyshe in any the sayde seuerall pondes, pooles, motes, stanges, stewes, or pyttes, to thintent to destroye, kyll, take, or steale away any of the same fyshe, agaynst the wyll, mynde, or pleasure of the owners or possessioners of the same, not hauyng any lawefull tytle or auc­thoritie so to do, and therof be lawefully conuicted, at the suite of our soueraigne Lady the Quene, her heyres, or successours, or the partie grieued: shall suffer imprisonment of his or theyr bodyes by the space of three monethes, and shall yelde and paye to the partie grieued his treble damages, and after the saide three monethes ex­pired, [Page] shall fynde sufficient suerties for his or theyr good abearing agaynst the Quene our soueraigne Lady, her heyres & successours, and al her liege people, for the space of seuen yeres after, or els shal remayne and continue styll in pryson, without bayle or mainprise, vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the sayde tyme and space of seuen yeres, as is aforesayde.

AND be it also enacted by aucthoritie of this present Parli­ament, that yf any person or persons after the sayde feast of Pen­tecost next commyng, at any tyme by nyght or by day, in maner a­foresaid, wrongfully or vnlawfully breake or enter into any parke empaled, or any other seuerall grounde closed with wall, pale, or hedge, and vsed for the kepyng, breedyng, and cherishing of Deare, and so wrongfully hunt, dryue, or chase out, or take, kyll or slea any Deare within any suche empaled parke, or closed grounde, with wall, pale, or other inclosure, and vsed for Deare as is aforesaide, or do or shal take away any Hawke or Hawkes, or the egges of any of them, by any wayes or meanes vnlawefullye, out of any the woods or grounde of any person or persons (not hauyng lawefull aucthoritie or licence so to do) and therof be lawfully conuicted at the suite of our soueraigne Lady the Quene, or the partie grieued as is aforesayde: shall lykewyse suffer imprisonment of his or theyr bodyes by the space of three monethes, and shall yelde and paye to the partie grieued his treble damages. And after the sayde three monethes expired, shall fynde sufficient suerties for his or theyr good abearing, for the space of .vii. yeres after, against the Quenes Maiestie, her heyres, and successours, and all her liege people, as is aforesayde, or els shall remayne & continue styll in pryson with­out bayle or mainpryse, vntyll such tyme as he or they so offending can and shall fynde such sufficient suerties duryng the said time of vii. yeres, as is afore rehearsed.

Prouided alwayes, that this Acte or any thyng therein contey­ned, extende not to any parke or inclosed grounde hereafter to be made & vsed for Deare, without the graunt or licence of our soue­raigne Lady the Quene, her heyres, successours, or progenitours.

Prouided alwayes, and be it enacted by aucthoritie aforesaide, that it shalbe lawful for the partie grieued to sue and take his fur­ther remedie agaynst all and euery such offendour and offendours for his losse and damages, and to recouer the treble value of the same in this behalfe, aswell before Iustices of Oyer and determi­ner, Iustices of Assyse in theyr circuites, and Iustices of the peace, as els where, in any other the Quenes courtes of Recorde, and that vpon the true satisfaction of the sayde treble damages to the [Page 57] partie grieued, or vpon the confession and knowledge therof by the same partie before the sayde Iustices in open sessions to be holden within the Countie where the offence was committed: it shalbe at the libertie of the same partie grieued, to whom the sayde offence was committed, to release at his pleasure the sayde suertishyp of good abearyng, at any tyme within the sayde seuen yeres, or be­fore: Any thyng in this present Acte before specified or expressed to the contrary, notwithstandyng.

And be it further enacted by the aucthoritie aforesayde, that the Iustices of Oyer and determiner, Iustices of Assyse in theyr circuites, and Iustices of the peace and gaole delyuery, in theyr Sessions, shall by vertue hereof, haue power and aucthoritie to enquire, heare, and determine all and singuler the offences afore­sayde, and to make and awarde proces thervpon, aswell vpon in­ditementes taken before them, as by byll of complaynt, informa­tion, or any other action, in which suite or action, no essoigne, wa­ger of lawe nor protection shalbe alowed.

AND be it further enacted by the aucthoritie aforesayde, that yf any person or persons, at any tyme hereafter shall fortune to be bounde before any of the Iustices before mentioned, to the Quene her heyres or successours, for his or theyr good abearyng for seuen yeres, accordyng to the tenour of this Acte, and the same partie or parties so bounde, shall afterwardes within the sayde seuen yeres come before the Iustices of the peace of the sayde Countie where the sayde offence was committed, or some of them, in open Sessi­ons, and there in the sayde open Sessions confesse and acknow­ledge his or theyr sayde offence or offences, and be sory therefore, and satisfie the partie or parties grieued, accordyng to the tenour of this Acte: That then the same Iustices before whom the sayde confession shalbe so made, shall & maye haue power and aucthori­tie by vertue of this Act, in the same open Session, or in any other open Sessions afterwarde to be holden before the sayde Iustices in the sayde Countie, within the sayde terme of seuen yeres, yf it shall seme good to theyr discressions, to discharge the sayde Recog­nisaunce and bonde so taken, and also the sayd partie and parties so bounde: This Acte or any thyng therin conteyned to the con­trary therof, notwithstandyng.

An Act agaynst the carrying of Shepe skinnes and Peltes ouer the Sea, not beyng Staple ware. ¶ The .xxii. Chapter.

FOR reformation of many griefes, lamentably decla­red this present Parliament, by diuers artificers of this Realme, workyng leather: It maye please your royall Maiestie, that it maye be enacted & established with thassent of this high court of Parliament, that it shall not be lawefull to or for any manner of person or persons whatsoeuer, frō & after the first day of Maye next cōming, to make any Peltes, that is to say, to pull, sheare, clip, or take away the woll of any Shepeskynne or Lambe skinne, or to bye any skynne of any Stagge, Hynde, Bucke, Doo, Goate, Fawne, or Kyd, or the peltes or skynnes of any of them, vnlesse such persō or persons so making any peltes, or bying such skinnes, as is aforesaid, do make or cause to be made therof tawed or lawfully tanned leather or parchment, or otherwise conuert the same into semittes, panels, or other their owne necessary vses, vpon payne yt euery person so makyng peltes, or bying any of the skinnes or peltes aforesaid, contrary to the mea­nyng of this Acte, shall forfait & lose the value of all such peltes or skinnes so made & bought, and .ii.s.vi.d. for euery skynne or pelte so bought, or pelt so made, as is aforesayde.

And be it further enacted, that it shall not be lawfull to or for any person or persons whatsoeuer, from & after the feast aforesaid, to ship, or conuey, or cause or procure to be shipped or conueyed, in, or to any shippe, boate, or vessell, in, or vpon the Sea, or in, or vpon any Hauen, riuer, creke, or place, within this Realme of England and Wales, or either of them, any maner of shepeskinnes, wolfels, shorelinges, morelinges, or the skinnes of any stagge, hynde, bucke, doo, goate, fawne, or kyd, or the peltes or skynnes of any of them, or the leather made of them or any of thē, to thintent to transport or carry the same into any the partes beyonde the Seas, there to be vttered, bartred, or sold, by way of marchaūdise or otherwise, vpon payne of forfaiture of al such skinnes or peltes, bought, laden, ship­ped or transported, contrary to the true meaning of this Act, or the value of them, & also. ii.s.vi.d. of lawfull money of Englande, for euery fell, shorlyng, morling, pelt or skinne aforesaid, bought, laden shipped, or transported, contrary to the tenor and true meanyng of this present Act. The moitie of al which forfaitures, shalbe to our soueraigne Lady the Quenes Maiestie, her heires & successours, & the other moitie to him or thē that wyll sue for the same, by action byll, plaint, information, or otherwyse, in any of the Quenes Ma­iesties courtes: In which action, no essoigne, protection, or iniunc­tion, [Page 58] shalbe admitted or alowed.

Prouided alwayes, that it shall and may be lawfull to the mar­chauntes of the Staple, the marchaūtes of Newcastel vpon Tine, Hartilpoole, and Barwicke, their sruauntes, factours, and attur­neyes, and euery of them, to carry and transport all such lawefull wares, as heretofore they haue ben accustomed, & lawfully might: Any thyng in this Acte to the contrary, notwithstandyng.

An Acte for the due execution of the writte de excomunicato capiendo. ¶ The .xxiii. Chapter.

FOrasmuch as diuers persons offendyng in many great crymes and offences, appertaynyng meerely to the iu­risdiction & determination of the Ecclesiastical courtes & Iudges of this Realme, are many tymes vnpunished for lacke and want of the good and due execution of the writte de excomunicato capiendo, directed to the Sheriffe of any Countie, for the taking & apprehending of such offendours. The great abuse wherof, as it should seme, hath growen for that the saide writte is not retournable into any Court that might haue the iudgement of the wel executing & seruyng of the saide writte, accordyng to the contentes therof, but hytherto haue ben left only to the discretion of the Sheriffes and theyr deputies, by whose negligences and de­faultes, for the most part, the said writ is not executed vpon the of­fendour as it ought to be. By reason wherof, suche offendours be greatly encoraged to continue their sinfull & criminous lyfe, much to the displeasure of almightie God, & to the great contempt of the Ecclesiasticall lawes of this Realme. Wherefore for the redresse therof: Be it enacted by the Quenes most excellent Maiestie, with thassent of the Lordes spirituall & temporall, and the Cōmons in this present Parliament assembled, & by thaucthoritie of the same, that from & after the first day of May next cōmyng, euery writte of Excomunicado capiendo that shalbe graunted and awarded out of the hygh Courte of Chauncery, against any person or persons within the Realme of England, shalbe made in the time of the Terme, & retur­nable before the Quenes highnes, her heires, & successours, in the court cōmonly called the kinges Bench, in the terme next after the Teste of the same writ, & that the same writ shalbe made to conteyne at the least .xx. dayes betwene the Teste & the retourne thereof. And after the same writte shalbe so made and sealed, that then the said writte shalbe forthwith brought into the sayd Court of the kinges Benche, and there in the presence of the Iustices shalbe opened, and delyuered of Recorde to the Sheriffe or other officer to whom [Page] the seruing and execution therof shall appertaine, or to his or their deputie or deputies. And if afterwardes it shall or may appeare to the Iustices of the same Courte for the time beyng, that the same writ so deliuered of Record, be not duely retourned before them at the day of the retourne therof, or that any other defaulte or negli­gence hath ben vsed or had in the not wel seruing and executing of the said writte: that then the Iustices of the sayde court, shall and may by aucthoritie of this Acte, assesse such amerciament vpon the said Sheriffe or other officer in whom such default shal appeare, as to the discression of the sayd Iustices shalbe thought mete & conue­nient, whiche americiament so assessed, shalbe extreated into the court of the Exchequer, as other amerciamentes haue ben vsed.

And be it further enacted by thaucthoritie aforesayde, that the Sheriffe or other officer to whom suche writte of Excomnicato capiendo or other proces by vertue of this Acte shalbe directed, shall not in any wyse be compelled to bryng the body of such person or persons as shalbe named in the said writte or proces, into the sayd court of the kynges Bench at the day of the retourne therof: but shall only retourne the same writte & proces thyther, with declaration brief­ly howe and in what maner he hath serued and executed the same, to thintent that thervpon the said Iustices may then further ther­in proceade, accordyng to the tenor and effect of this present Acte. And yf the saide Sheriffe or other officer to whom thexecution of the said writte shal so appertayne, do or shal retourne, that the par­tie or parties named in the sayd writte, can not be founde within his Baylywyke: that then the sayde Iustices of the kynges Bench for the tyme being, vpon euery such retourne shall award one writ of Capias, agaynst the said person or persons named in the saide writ of Excomunicato capiendo, retournable in the same Court in the Tearme tyme, two monethes at the least next after the Teste thereof, with a proclamation to be conteyned within the sayd writte of Capias, that the Sheriffe or other officer to whom the same writ shalbe direc­ted, in the full Countie court, or els at the generall Assises & Gaole delyuery to be holden within the same Countie, or at a quar­ter Sessions to be holden before the Iustices of peace within the same Countie, shal make open proclamation, ten dayes at the least before the retourne, that the partie or parties named in the sayde writte, shall within .vi. dayes next after such proclamation, yelde his or their body or bodyes to the gaole and pryson of the said She­riffe or other such officer, there to remayne as a prisoner accordyng to the tenour and effect of the first writte of Excomunicato capiendo, vpon paine of forfaiture of .x.li. And thervpon after such proclamation hadde, and the saide .vi. dayes past and expired, then the sayd She­riffe or other officer to whom such writ of Capias shalbe directed, shal [Page 59] make retourne of the same writte of Capias into the said court of the kynges Bench, of all that he hath done in thexecution therof, and whether the partie named in the sayd wrytte haue yelded his body to pryson or not. And yf vpon the retourne of the sayde Sheriffe, it shall appeare that the partie or parties named in the said writte of Capias, or any of them, haue not yelded theyr bodyes to the gaole and prison of the sayde Sheriffe or other officer accordyng to the effecte of the same proclamation: that then euery such person that so shall make default, shall for euery suche default, forfaite to the Quenes hyghnes, her heyres, and successours, ten poundes, which shall lyke wyse be extreated by the sayde Iustices, into the sayde court of Exchequer, in such maner and fourme, as fines and amer­ciamentes there taxed and assessed are vsed to be. And therevpon the sayde Iustices of the kynges Bench shall also awarde forth one other writte of Capias agaynste the person or persons that so shalbe retourned to haue made default, with such lyke proclamation as was conteyned in the first Capias, and a payne of .xx.li. to be menti­oned in the said seconde writte and proclamation. And the Sheriffe or other officer to whom the saide second writte of Capias shalbe so directed, shalbe serue and execute the same second writte in such like maner and fourme as before is expressed for the seruyng and execu­tyng of the sayde first writte of Capias. And if the Sheriffe or other officer shall retourne vpon the said second Capias, that he hath made the proclamation accordyng to the tenour and effecte of the same writte, and that the partie hath not yelded his bodye to pryson, ac­cordyng to the tenour of the sayde proclamation: that than the sayde partie that so shall make default, shall for such his contempt and default forfait to the Quenes highnes, her heyres, and succes­sours, the summe of .xx.li. which sayde summe of .xx.li. the sayde Iustices of the kynges Benche for the tyme beyng, shall lykewyse cause to be extreated into the sayde court of Exchequer, in maner and fourme aforesayde. And then the sayde Iustices shall lykewise awarde forth one other writte of Capias agaynst the said partie, with such lyke proclamation and payne of forfaiture as was conteyned in the sayd seconde writte of Capias. And the Sheriffe or other offi­cer to whom the sayd third writte of Capias shall so be directed, shall serue and execute the said third writte of Capias in suche lyke maner and fourme as before in this Acte is expressed and declared for the seruyng & executyng of the said first & second writtes of Capias. And if the Sheriffe or other officer to whō thexecution of the said third writte shal appertaine, do make retourne of the said third writte of Capias, that ye partie vpon such proclamatiō hath not yelded his body to prison according to the tenor therof: that then euery such partie [Page] for euery such contempt and defaulte, shall lykewyse forfait to the Quenes Maiestie, her heires, and successours, other .xx.li. which summe of .xx.li. shall lykewyse be extreated into the said Court of the Exchequer in maner and fourme aforesayde, and thervpon the sayde Iustices of the kynges Benche shall lykewyse awarde for the one writ of Capias against the sayde partie, with lyke proclamation and lyke payne of forfaiture of .xx.li. And that also the saide Iusti­ces shall haue aucthoritie by this Acte infinitely to awarde suche proces of Capias with such lyke proclamation and paine of forfaiture of .xx.li. as is before limitted agaynst the saide partie, that so shall make default, in yeldyng of his body to the prison of the Sheriffe, vntyll such tyme as by retourne of some of the sayde writtes before the said Iustices, it shall and may appeare that the said partie hath yelded him selfe to the custody of the said Sheriffe or other officer, accordyng to the tenor of the said proclamation, and that the par­tie vpon euery default & contempt by him made against the procla­mation of any of the saide writtes so infinitelye to be awarded a­gainst hym, shall incurre lyke payne and forfaiture of .xx.li. which shall lykewyse be extreated in maner and fourme aforesayde.

And be it further enacted by thaucthoritie aforesaid, that when any person or persons shall yelde his or theyr body or bodyes to the handes of the sheriffe or other officer, vpon any of the saide writtes of Capias: that then the same partie or parties that shal so yeld them selues, shall remayne in the prison and custody of the sayde sheriffe or other officer, without Bayle, Baston, or maynpryse, in suche lyke maner and fourme, to all intentes and purposes, as he or they shoulde or ought to haue done if he or they hadde ben apprehended and taken vpon the sayde writte of Excomunicato capiendo.

And be it further enacted by thaucthoritie aforesaid, that if any Sheriffe or other officer, by whom the sayde writte of Capias or any of them, shalbe retourned as is aforesayde, do make an vntrue re­tourne vpon any of the sayde writtes, that the partie named in the saide writte hath not yelded his body, vpon the said proclamations or any of them, where in dede the partie did yelde him selfe accor­dyng to the effect of the same: That then euery suche Sheriffe or other officer, for euery such false and vntrue retourne, shall forfait to the partie grieued & dampnified by the said retourne, the sūme of .xl.li. For the which summe of .xl.li. the said partie grieued shal haue his recouery and due remedie by action of debt, byll, playnt, or information, in any of the Quenes courtes of Record, in which action, byll, playnt, or information, no essoigne, protection, or wa­ger of lawe shalbe admitted or alowed for the partie defendaunt.

Sauyng and reseruing to all Archbyshops and Byshops, and all [Page 70] others hauing aucthoritie to certifie any person excommunicated, lyke aucthoritie to accept & receaue the submission and satisfacti­on of the sayde person so excommunicated, in maner and fourme heretofore vsed, and hym to absolue and release, and the same to signifie, as heretofore it hath ben accustomed, to the Quenes Ma­iestie, her heyres, and successours, into the hygh court of Chaūcery, and thervpon to haue such writtes for the deliueraunce of the said person, so absolued & released from the Sheriffes custody or prison, as heretofore they or any of them had, or of ryght ought or myght haue had: Any thyng in this present Statute specified or contey­ned to the contrary hereof, in any wyse notwithstandyng.

Prouided alwayes, that in Wales, the Counties palatines of Lancaster, Chester, Durham, and Eley, & in the Sinque portes, beyng iurisdictions and places exempt, where the Quenes Maie­sties writte doth not runne, and proces of Capias from thence not re­tournable into the sayde Courte of the kynges Benche, after any significauit beyng of recorde in the sayde court of Chauncerye, the te­nour of such Significauit by Mittimus shalbe sent to such of the head offi­cers of the sayde countrye of Wales, Counties palatines and pla­ces exempt, within whose offices, charge, or iurisdiction the offen­dour shalbe resiaunt, that is to say, to the Chauncelour or Cham­berlayne for the sayde Countie palatine of Lancaster and Chester, and for the Sinque portes, to the Lorde Warden of the same, and for Wales and Eley, and the Countie palatine of Durham, to the chiefe Iustice or Iustices there. And therevpon euery of the saide Iustices and officers to whom such tenour of Significauit with Mittimus shalbe directed and delyuered, shall by vertue of this estatute haue power and aucthoritie to make lyke proces to the inferiour officer and officers, to whom the execution of proces there doth apper­tayne, returnable before the Iustices there at their next Sessions or Courtes, two monethes at the least after the Teste of euery suche proces. So alwayes, as in euery degree they shal proceade in their Sessions and Courtes agaynst the offendours, as the Iustices of the sayde Courte of Kynges Benche are limitted by the tenour of this Acte, in Terme tymes to do and execute.

Prouided also, and be it enacted, that any person at the tyme of any proces of Capias, afore mentioned, awarded, beyng in pryson or out of this Realme in the Parties beyonde the Sea, or within age, or of non sane memorie, or woman couert, shall not incurre any of the paynes or forfaitures afore mentioned, whiche shall growe by any retourne or default happenyng, duryng such tyme of nonage, imprisonment, beyng beyonde the Sea, or non sane memorie. And that by vertue of this estatute, the partie greued may pleade euery such [Page] cause or matter in barre of and vpon the distresse or other proces that shalbe made for leuying of any of the sayde paynes or forfai­tures. And that yf thoffendour agaynst whom any suche writte of Excomunicato capiendo shalbe awarded, shall not in the same writte of Ex­comunicato capiendo haue a sufficient and lawfull addition, accordyng to the fourme of the estatute of prime of Henry the .v. in cases of cer­taine suites, whervpon proces of exigent are to be awarded. Or if in the Significauit it be not conteyned that thexcommunication doth proceade vpon some cause or contempt of some originall matter of heresye, or refusyng to haue his or theyr chylde baptised, or to re­ceaue the holy Communion as it is nowe commonly vsed to be re­ceaued in the Churche of Englande, or to come to diuine seruice nowe commonly vsed in the sayde Churche of Englande, or errour in matters of religion, or doctrine nowe receaued and allowed in the sayde Churche of Englande, incontinencie, vsury, simonie, periury in the Ecclesiasticall court, or Idolatrye: That then all and euery paynes and forfaitures limitted agaynst suche persones excommunicate by this estatute by reason of such writte of excomu­nicato capiendo wantyng sufficiēt addition, or of such Significauit wanting all the causes afore mentioned, shalbe vtterly voyde in lawe, and by waye of plea to be alowed to the partie grieued. And yf the ad­dition shalbe with a nuper of the place: then in euery such case, at the awarding of the first Capias, with proclamation according to the fourme afore mentioned, one writte of proclamation (without any payne expressed) shalbe awarded into the Countie where the offendour shalbe most commonly resyant at the tyme of the awar­dyng of the sayde first Capias, with payne in the same writte of pro­clamation, to be retournable the daye of the retourne of the sayde fyrst Capias with payne, and proclamation therevpon at some one such tyme and court, as is prescribed for the proclamation vpon the sayde fyrst Capias with payne. And yf such proclamation be not made in the Countie where thoffendour shalbe moste commonly resiaunt, in such cases of additions of nuper: that then such offen­dour shal susteine no payne or forfaiture by vertue of this estatute, for not yeldyng his or her bodye, accordyng to the tenour afore mentioned: Any thing before specified to the contrary hereof, in any wise notwithstandyng.

An Act for the reuiuyng of a Statute, made Anno xxiii. H. viii. touchyng the repayryng of Gaoles. ¶ The .xxiiii. Chapter.

WHere in the Parliament begon & holden at London the thirde daye of Nouember in the .xxi. yere of the reigne of the late kyng Henry the eyght, and from thence adiourned to Westminster, and there holden and continued by prorogation vntyll the .xv. day of Ianuary, in the .xxiii. yere of the reigne of the saide late kyng Henry the .viii. there was then in that Session of Par­liament one Acte and Statute made & establyshed for the makyng of Gaoles in diuers Shires of this Realme, which Acte was then made to continue and endure for one yere next after thende of the same Parliament, as by the same Acte more playnely appeareth. And where also the said Act and Statute at diuers Parliamentes holden & kept after the makyng therof, in the time of the saide late kyng Henry the .viii. was continued & kept in full force & strength vntyll the death of the sayde late king, as by the same Actes of con­tinuaunce more plainly may appeare. And where in the Parlia­ment begon & holden at Westminster the .v. day of October, in the first yere of the raigne of our late soueraigne Lady Quene Mary, and there vpon prorogation continued & kept vntyll the .vi. day of December then next folowyng, the said Act & statute, and al clau­ses & sentences therin conteyned, was then made to continue and endure vntyll thend of .x. yeres next ensuyng the ende of the same Parliament, as by the same Acte more plainely doth appeare.

And forasmuch as the said Act for the making of Gaoles, made in the said .xxiii. yere of the raigne of the said late kyng Henry the viii. is very good and profitable for the common wealth of this Realme: Be it therfore enacted & establyshed by the aucthoritie of this present Parliament, that the said Act for makyng of Gaoles, and all clauses, articles, & prouisions in the same conteyned, shall continue & endure in full force and effect, and be obserued and kept in all thynges vnto thende and tearme of ten yeres next ensuyng the last day of this present Parliament.

And be it further enacted by thaucthoritie aforesayde, that the Iustices of peace of euery of the Shires named & expressed in the said Act, or the most parte of the saide Iustices of peace in euery of the said Shires, within the limittes of their Cōmission, shall haue full power & aucthoritie by vertue of this Act, at all tyme & tymes [Page] within the saide tearme of ten yeres, to do, make, and execute, and cause to be done, made, and executed, all and euery such Acte and Actes, thyng & thynges requisite for the makyng and buyldyng of the sayde Gaoles, as they or any of them myght or ought at anye tyme haue done by vertue of the sayde Acte made in the said .xxiii. yere of the sayde late kyng Henry the eyght.

Prouided alwayes, and be it enacted by thaucthoritie aforesaid, that the Iustices of peace of the Counties of Pembroke, Glamor­gan, Cardigan, Radnor, and Mountgomery in Wales, or the most part of them, resiaunt within euery of the sayd Counties, and all such Surueyours, Collectours, & other persons to whom thexecu­tion of the said first resited estatute doth or may appertayne, shall haue such and like power and aucthoritie to do and execute al and euery such thyng and thynges, for and concernyng the buyldyng and newe makyng of Gaoles, as the Iustices of peace & other per­sons before mentioned of any of the Counties conteyned in the sayde first resited estatute haue in that behalfe. And that also the moste parte of the Iustices of the peace, resyaunt within any the Counties specified in the sayd first resited estatute, shall and maye do and execute all and euery thyng and thynges mentioned in the sayd fyrst resited estatute, touchyng or concerning the said Gaoles: Any doubt or ambiguitie heretofore had or moued, or hereafter to be had or moued, notwithstandyng.

Prouided also, that thinhabitauntes of any of the Counties specified in the sayde fyrst resited Acte, or in any of the sayde Coun­ties of Wales, shall not be charged, by force hereof or of the sayde fyrst resited Acte, to beare or susteyne any costes or charges for the buyldynge, repayryng, or newe makyng of any Gaole or Gaoles, where any other person or persons, body politique or corporate ought by law, prescription, or by any other good or lawfull wayes or meanes, to buylde, make, or repayre the same.

An Act to fyll vp Iuries de circumstantibus lackyng in Wales. ¶ The .xxv. Chapter.

WHere in the Parliament holden at Westminster in the .xxxv. yere of the raigne of our soueraigne Lord kyng Henry the .viii. father to our most deare So­ueraigne Lady the Quenes Maiestie that now is, one holsome and profitable Act & estatute amonges other was then establyshed and enacted, intituled [Page 62] by the name of an Acte, concernynge the apparaunce of Iurers in Nisi prius, where amonges other thinges in the Acte, it was established, that where a ful Iury returned betwixt partie and partie, did not ap­peare before the Iustices of Assise or Nisi prius, or els after apparaunce of a full Iury by challenge of any of the parties, the Iury was lyke to remaine vntaken for defaulte of Iurours, that the same Iustices vpon request made by the partie plaintif or demaundaunt, shulde haue auc­thoritie by vertue of the same Acte, to commaunde the Sheriffe, or other Minister or Ministers, to whom the making of the said returne should appertaine, to name and appointe, as often as nede shulde re­quire, so many of such other hable persons of the saide Countie, then present at the said assise or Nisi prius, as shoulde make vp a full Iury, whiche persons, so to be named and impanelled by suche Sheriffe, or other Minister or Ministers, shoulde be added to the former panell, and their names annexed to the same, and further, as in the same Acte more plainely maye appeare. Whiche saide beneficiall acte doth not extende vnto the .xii. Shires of Wales, ne to the Countie Pala­tyne of Chester, nor to the Countie Palatine of Lancaster, nor to the Countie Palatine of Durham, by reason wherof many Iuryes re­mayne vntaken betwixt the parties, what for lacke of apparens of Iurers, and some because of chalenges, to the greate hynderaunce of Iustice, and great expences and charges to the parties.

For reformation wherof, be it enacted by the Quene our Soue­raigne Lady, with the assent of the Lordes spirituall and temporall, and the Commons in this present Parliament assembled, and by the aucthoritie of the same: That in euery of the Shires of Wales, that is to saye, Pembrok, Karmarthyn, Cardigan, Brecknocke, Radnor, Glamorgan, Mountgomery, Denbighe, Flynt, Meryonith, Anglesey, Carneruan, and in the Countie Palatine of Chester, and in the said Countie Palatine of Durham, and in the said Countie Palatine of Lancaster, where a full Iurye shal not appeare before the Iustices of the greate Session in any of the said Shires or Countie Palatines, or their deputies there, or els after apparaunce of a full Iurye, by chal­lenge of any of the parties the Iurie is lyke to remayne vntaken, for defaulte of Iurours: that then the same Iustices, in euery of the said Shires, and Countie Palatines for the tyme beinge, or their de­putie or deputies, vpō request made by the partie plaintife or demaun­daunt, s [...]l haue full aucthoritie by vertue of this Acte, to commaunde the Sheriffe or other Minister or Ministers, to whom the makynge of the saide Returne shall apperteyne, to name and appointe, as often as nede shall require, so many of suche other able persons of the sayde Counties then present at the saide greate Session, as shall make vp a full Iurye, whiche persons so to be named and impanelled, by [Page] suche Sheriffe or other Minister or Ministers, shalbe added to the former panell, & their names annexed to the same. And that euery of the parties shal & may haue his or their challenge to the Iurours so named, added and annexed, to the saide former panell, by the sayde Sheriffe or other minister or ministers, in suche wise as yf they had ben impanelled vppon the venire facias, awarded to trye the sayde issue. And that the sayde Iustices and euery of them, and their deputie or deputies, shall and maye proceade to the tryall of euery suche Issue with those persons that were before impanelled & retourned, & with those newly added and annexed to the saide former panell, by vertue of this acte, in suche wise as they might or ought to haue done, yf all the sayde Iurours had ben retourned vppon the writte of venire facias, awarded to trye the saide issue. And that all and euery suche tryall had, shalbe as good and effectuall in the lawe to all intentes, construc­tions & purposes, as if such tryal had ben had and tryed by .xii. of the Iurours impanelled & retourned vpon the writ of venire facias, awarded to trye suche issue. And in case suche persons as the saide Sheriffe, minister or ministers, shall name and appointe as is aforesayde, or any of them, after they shalbe called, be presente, and do not appeare, or after his or their appearaunce, do wilfullie withdrawe him or them selues from the presence of the Court: that then suche Iustices or their deputies, shall and maye set suche syne vpon euery suche Iurour ma­kynge defaulte or wilfully withdrawinge hym selfe as aforesaide, as they shall thinke good by their discressions, the said fyne to be leuied in suche maner and fourme as issues forfaited and loste by Iurours for defaulte of their apperaunce, as is prouided by the lawe and cu­stome of the said Countreys of Wales, & Counties Palatines afore­saide, where suche issues are forfaited.

And be it further enacted by the aucthoritie aforesaide, that where any Iurye that shalbe retourned by the Sheriffe or other Minister or Ministers, shalbe made full, by the commaundemente of the sayde Iustices, or their deputies, by vertue of this present Acte, that yet neuerthelesse such persones as were retourned in the sayde panel, by the Sheriffe, or other Minister or Ministers, to trye any suche issue, that shall not appeare, but make defaulte, shall lose the issues vpon them retourned, in such wise as though the same Iurye had remayned for defaulte of Iurours.

Prouided alwayes, & be it further enacted, that vpon a reasonable excuse, for the defaulte of appearaunce of any Iurour or Iurours, sufficiently proued before the Iustices of the greate Sessions, or their deputies in the Countryes and Countyes Palatines aforesaid, at the daye of their appearaunce, by the othes of two lawfull and honest wytnesses, that the same Iustices shall haue aucthoritie by [Page 63] their discressions to discharge euery suche Iurour of euery suche for­faiture of issues vpon hym retourned, and that the saide Sheriffe or Sheriffes, or other Minister or Ministers, hauyng commaundement by the sayde Iustices to omit the retournynge of suche issues, as is aforesaid, vpon suche Iurour or Iurours, shalbe therein discharged of the penalties aforesaide, for the non retournynge of the saide Issues, and that yet notwithstanding the said retourne to be good and effec­tuall in the lawe: Any lawe, vsage, ordinaunce, or custome to the con­trary, notwithstandyng.

Prouyded also, and be it enacted by the aucthoritie aforesaid, that if the saide Iustices, or their deputies, afore whome any suche Iurye should appeare in the Shieres or Counties Palatines where suche issue is to be tryed, do not come at the daye and place appointed: that then euery one of the same Iurours shalbe discharged, for forfaitynge of any Issues vpon him retourned in the same writ. And the Sheriffe or other Minister or Ministers, shalbe lykewyse discharged of the pe­nalties of this estatute, for the non retournynge of suche Issues, as are before lymitted in this Acte: Any article or sentence herein conteyned to the contrary notwithstandynge.

And also be it further enacted by the aucthoritie aforesaid, that if vpon any such writ of habeas corpora or distringas issues be retourned vpō any hundredours, Iurour or Iurours, by the Sheriffe or other Minister or Ministers, to whom the execution of the same writ or writtes shal apperteyne, where as the same hundredours and Iurours shall not be lawfully somoned, warned, or distreyned in that behalfe: that then euery suche Sheriffe or other Minister or Ministers aforesaide, shall lose for euery suche offence so committed, double so muche as the said Issues retourned vppon suche hundredours or Iurours not lawfullie somoned, warned or distreyned, shall amounte vnto, the moytie of all whiche forfaitures conteyned in this present Acte, other then the issues to be retourned vpon the Iurours as is aforesaid, shalbe to the Quene oure soueraigne Lady, her heires and successours, and the other halfe, to hym that will sue for the same, by action of dette, bill, plainte, or information, in the Quene her graces great Court, within the sayde Countie where suche forfaiture shall happen to be, before the sayde Iustices, his or their deputie or deputies, in whiche, no wager of lawe, essoygne, or protection shalbe allowed ne admitted. Sauinge to all maner of persons, and bodyes polytike and corporate, their heyres and successours, hauynge lawfull right, tytle and interest to haue suche issues to be before anye suche Iu­stices or their deputies, at any tyme or tymes hereafter loste and forfaited, all suche right, tytle and interest, as they or any of them shoulde or ought to haue had to suche Issues to be loste and forfeyted [Page] as though this Acte had neuer ben had or made.

Prouyded also that this Acte nor anye thynge therein con­teyned, shall not extende to any Citie or towne corporate, or so any Sheriffe, minister or ministers in the same, for the retourne of any inquest, or panell, to be made and retourned of persons inhabytynge in the sayde Cities or townes corporate, but that they and euery of them, shall and maye retourne such persons in euery suche inquest or panell, as before this tyme they might and haue ben accustomed to do, and as if this Acte had neuer ben had or made, so that the same Sheriffe, mynister or ministers retourne vppon suche persons as shalbe impanelled, suche lyke and reasonable Issues, as they ought to retourne, any thinge in the same conteyned to the contrarye not­withstandynge.

¶An Acte for the confirmation of a Subsedy, graunted by the Clergy. The .xxix. Chapter.

WHere the Prelates and Clergye of the Prouince of Cantorburye haue moste louynglye and liberallye for cer­tayne considerations, geuen and graunted to the Quenes Maiestie, a Subsedye of sixe shillynges of the pounde, to be take and leuyed of all and singuler the spirituall Promo­tions within the same Prouince, du­ringe the tearme of three yeres, nowe nexte ensuynge, in suche certayne ma­ner and fourme, and with suche ex­ceptions and prouisions, as be specified and conteyned in a certain in­strument by them thereof made and deliuered to the Quenes high­nes, vnder the Seale of the moste reuerende father in God Mathewe nowe Archbyshoppe of Cantorburye, and Primat of all England, whiche instrument is nowe exhibited in this present Parliament to be ratifyed. The tenour wherof ensueth in these wordes:

[Page 74]The Prelates and Clergie of the prouince of Cantorbury, beyng lawefully congregated and assembled together in a conuo­cation or sinode, callyng to theyr remembraunce the greate and manyfolde benefites whiche they haue many and sundrye wayes receaued of you Maiesties moste gracious bountifulnes, princi­pally for the settyng forth and aduaunceyng of Gods holy worde, his sincere and true religion, & abolyshyng all forrayne power con­trary to the same. Consideryng also the great debtes wherewith thimperiall Crowne of this Realme was charged, when it pleased almightie God fyrste to call your hyghnes to the gouernaunce of the same. And further, waying the great and intollerable char­ges wherewith your Maiestie of late hath ben burdened, in the repayryng and furnyshyng of your Maiesties Nauie, and prouisi­on of armour and munitions, moste necessarye and requisite for the defence and safegarde of this Realme, whereof the same at the begynnyng of your hyghnes raigne was voyde and destitute. And finallye, ponderyng the inestimable charges susteyned by your hyghnes, aswell of late dayes, in reducyng the Realme of Scot­lande to vnitie and concorde, as also in procuryng as muche as in your hyghnes lyeth, by all kynde of godlye and prudent meanes, the abatyng of all hostilitie and persecution within the Realme of Fraunce, practised and vsed agaynst the professours of Gods holye Gospell and true religion, and in defendyng and preseruyng this your highnes Realme and natuall Subiectes, in Christian peace and tranquillitie, agaynste all assaultes of forrayne enemies hy­therto, duryng all the tyme of your moste gracious and happye reigne.

In consideration of the premisses, and for a true declarati­on of our bounden dueties, good hartes, and myndes towarde your Maiestie, with one vniforme agrement, accorde, and con­sent, together with moste hartye good wyll, haue geuen and graunted, and by these presentes do geue and graunt to your high­nes, your heyres, and successours, one Subsedye in maner and fourme folowyng. That is to saye: That euery Archebyshop, Byshoppe, Deane, Archedeacon, Prebendarye, Prouoste, Maister of Colledges, Maister of Hospitalles, Parson, Vicar, and euery other person and persons of whatsoeuer name or degree he or they be, enioying any Spirituall promotion or other Temporall pos­sessions to the same Spirituall promotion annexed, nowe not de­uided nor seperated by Acte of Parliament, or otherwyse from the possession of the Clergie, shall paye to your hyghnes, your heyres, and successours, for euery pounde that he may yerely dispende by [Page] reason of the sayde Spirituall promotion, the summe of syre shyl­lynges.

And for the true and certayne value of the sayde promotions, and euery of them, whereof the payment shalbe made, the rate, taxation, valuation, and estimation, remaynyng of Recorde in your Maiesties Courte of Exchequer for the true payment of the perpetuall Disme, concernyng all suche promotions as be in pos­session of the Clergie, or any other not deuided by Acte of Parlia­ment, or otherwyse alienated from the possession of the Clergie, shalbe folowed and obserued without making any valuation, rate taxation, or estimation, other then in the sayde Recorde is com­prised.

Prouided alwayes, that forasmuche as the tenth parte of the sayde valuation and rate before mentioned, is yerelye payde to your hyghnes for the perpetuall Disme, so as there remayneth onely nyne partes to the Incumbent clere: this Subsedye of .vi. shyllynges the pounde, shalbe vnderstanded and ment only of the same nyne partes, and of no more.

Prouided alwayes, that no person that is already promoted to any Spirituall benefice or promotion, sithens the laste daye of September laste paste, or that hereafter shalbe promoted to anye Spirituall benefice or promotion on this syde the laste daye of September, whiche shalbe in the yere of our Lorde God a Thou­sande fyue Hundreth sixtie and fiue, by reason whereof they be, shall, or may be, charged to the payment of the fyrst fruites, shalbe contributory or charged to your hyghnes, your heyres, or succes­sours, with any parte of this Subsedye, duryng the fyrst yere of his sayde promotion.

AND your sayde Prelates and Clergie also do graunt, that this Subsedye of syxe shyllynges the pounde, of the yerely value of euery promotion taxed as is aforesayde, shalbe payde to your Maiestie, your heyres, or successours, within three yeres nexte en­suyng the date hereof. That is to saye, two shyllynges of euerye pounde in euery of the sayde three yeres. The fyrst payment ther­of, to be due at the last daye of September next ensuyng, whiche shalbe in the yere of our Lorde God a Thousande fiue Hundreth sixtie and three. And the seconde payment therof to be due at the laste daye of September then nexte folowyng, whiche shalbe in the yere of our Lorde God a Thousande fiue Hundreth sixtie and foure. And the thyrde payment thereof to be due in the sayde last daye of September then nexte folowynge, whiche shalbe in the yere of our Lorde God a Thousande fiue Hundreth sixtie and fiue, [Page 75] and to be delyuered and payde yerely by suche person and persons as in this present graunt shalbe appoynted to haue the collection thereof, to the Lorde hygh Treasourer or vnder Treasourer of Englande for the tyme beyng, or to suche person or persons, and in suche place or places as shall please your highnes to appoynt, to be payde at or before the .xiii. day of Ianuary in euery of the sayde three yeres, without paying any thyng to the Receauour or Re­ceauours, or to any other officers or persons to be assigned for the receipte thereof, for any discharge or Quietus est vpon any payment and receipte of the sayde Subsedye to be geuen and deliuered, but only .iii. s. iiii. d. for the generall and finall acquittaunce or Quietus est for euery yeres payment.

Item we your sayde graces Prelates and Clergie also do graunt, that euery Prieste and all other Spirituall or Ecclesiasti­call persons, hauyng any pencion by the reason of the dissolution of any the late Monasteries, Colledges, free Chappelles, Chaun­tries, Fraternities, Guyldes and Hospitalles, or of any other spi­rituall dignitie or corporation nowe dissolued within the sayde prouince of Cantorbury, shall lykewyse paye to your hyghnesse, your heyres, and successours .vi. shyllynges of euery pounde of the sayde Pencions within the sayde three yeres, at such dayes and tymes as is before specified. And that for the sure payment ther­of, deduction and retention of the sayde syxe shyllynges, shalbe made yerely in the handes of the payers of the sayde Pencions af­ter the rate and proporcion of two shyllynges the pounde, euery of the sayde three yeres, to be delyuered and payde by your hyghnes Receauours and officers deputed for the payment of suche Penci­ons, vnto your Maiesties vse, at suche tyme and to suche persons as the Subsedye of .vi. shyllynges of the pounde aforesaide, shalbe payde vnto.

Item your sayde Prelates and Clergie do graunt, that euery Prieste or Minister Stipendary, receauyng annuall Stipende of eyght poundes by the yere and vnder, beyng no perpetuitie within the sayde Prouince, shall paye vnto the vse of your hygh­nesse, your heyres, and successours, syxe shyllynges and eyght pence in euery of the sayde three yeres, at suche tyme and to suche persones as the sayde Subsedye shalbe payde, and vn­der the same penalties as the reste of the Clergie do paye for their promotions.

And that euery Priest receauyng Stipende aboue eyght poundes yerely, and not aboue tenne poundes, to paye lykewyse tenne [Page] shyllynges. And that euery Prieste receauyng stypende aboue tenne poundes, and not aboue thirtene poundes syxe shyllynges and eyght pence, to pay thirtene shyllynges and foure pence yere­ly duryng the sayde three yeres, at such tyme and to suche persons as the sayde Subsedy shalbe payde. And that euery Priest takyng stipende aboue thirtene pounde syxe shyllynges and eyght pence, to paye lykewyse .xii. d. of the pounde euery yere duryng the sayde three yeres. And for defaulte or lacke of payment of the sayde sti­pendaries, that euery Parson, Vicar, or other Spirituall or Tem­porall person, proprietarie, or Fermour, hyryng any Priest or Mi­nister to serue in any place, shalbe aunswerable for the payment of the sayde Prieste or Minister in that behalfe, after the sayde rates, and shall and maye make retention of his and theyr wages quarterly, of so muche as the sayd Stipendaries be charged with by this present graunt, euery of the sayde three yeres.

Item your sayde Prelates and Clergie further do graunt, that euery Archebyshoppe and Byshoppe, and the See beyng voyde, euery Deane and Chapiter of that See voyde, shalbe Collectours of this Subsedye within theyr proper diocesse, duryng the sayde three yeres, other then of the pencioners aforesayde. And the said Archebyshoppe, Byshoppe, or other Collectours, and the See be­yng voyde, the Deane and Chapiter shall certifie into your Maie­sties courte of the Exchequer vnder theyr seales, the names and surnames of all suche Stipendary Priestes and Ministers, as be chargeable by this Acte, before the .xxiiii. day of Ianuary yerely, duryng the sayde three yeres.

And for the better recouery of the sayde Subsedye, your sayde Prelates and Clergie moste humblye beseche your hyghnes, that euery Collectour of the sayde Subsedye, and of euery parte and parcell thereof, and theyr lawefull deputie or deputies, may haue full power and aucthoritie by your Maiestie, and your hygh court of Parliament, to vse all suche wayes, meanes, and processe, as be prescribed in your Acte of perpetuall Disme, for the collection and leuying of the same, and shall make accompte thereof before the Lorde hyghe Treasourer or vnder Treasourer of England for the tyme beyng, or any other officers by your hyghnesse to be appoyn­ted for the same, and in suche place as your Maiestie lykewyse shall assigne, in suche wyse and after suche fourme onelye as the sayde Archebyshoppe and Byshoppes be nowe charged for the collection of the perpetuall Disme, whereby is meant howe the lacke and defaulte of payment of and for anye perticuler pro­motion, shall onelye charge the Incumbent, and suche as [Page 66] be bounde to paye the same, and that vpon such paynes as be pro­uided in that Acte to Parliament of perpetuall Disme, agaynste them that make defaulte in that behalfe, at or vpon the dayes of payment before expressed.

And that the Archbyshoppe, Byshop, or Deane and Chapiter, gatheryng that whiche they can receaue, and makyng payment thereof, shall for the reste not by them receaued, be discharged by theyr certificat to be made before the .xxiiii. daye of Ianuarye in euery of the sayde three yeres, vnto your hyghnesse courte of Ex­chequer. And .vi. pence of euery pounde wherewith the Collec­tour shalbe charged in his accompte, clerely to be payde into the sayde receipte (or into suche other place as shall please your hygh­nes to appoynt) shalbe alowed to the sayde Collectour for his sayde accompte for the same, for the charges and collection, por­tage, safe conueying and paying of the sayde Subsedye.

Also your sayde Prelates and Clergie do further moste hum­blye beseche your hyghnes, that it may be enacted by your Maie­sties aucthoritie, and your hyghe Courte of Parliament, that where diuers Curates liable to this Subsedye, beyng often times remoueable, do serue aswell in diuers Impropriations belongyng to your Maiestie, as in other Impropriations and other Spiritu­all promotions belongyng to other persons: that for the spedy re­couery of the sayde Subsedye, it may be lawfull to the Collectour or Collectours of the sayde Subsedye, theyr deputie or deputies, to leuie the sayde Subsedye vpon the Fermour or Fermours, and oc­cupyers of all suche Impropriation or Impropriations and Spi­rituall promotions, by all censures of the Churche and euery of them, or by waye of distresse, of the tythes of the sayde Impropria­tion or Impropriations, or otherwise vpon the goodes and cattels of the sayde Fermour or Fermours & occupyers, in which no inhi­bition, prohibition, repleuie, or other proces awarded to the con­trary shalbe obeyed: Any lawes, statutes, priuileges, or customes to the contrary hereof, heretofore made, graunted, or vsed, or here­after to be made, graunted, or vsed to the contrary, in any wyse notwithstandyng. And that it may be lawfull to the Collectours and the officers and ministers of such Archbyshoppe, Byshoppe, or Deane and Chapiter, for not payment at any tyme of the sayde three yeres abouesayde, to prayse and value the sayde distresse or distresses, by two indifferent neyghbours by hym to be chosen, and the distresse or distresses so praysed, to sell, and therof to detayne so much money as shall amount to the summe paiable to your hygh­nes, with the charges of the sayde Collectour in that behalfe, and and rest of the money made of the sayd distresse, to be delyuered and [Page] payde to the owner or occupyer thereof. And that euery Arch­byshop, & Byshop, or Deane and Chapiter, of euery See vacaunt, and other persones chargeable to and with the collection of the Subsedye of syxe shyllynges the pounde, within the said prouince of Cantorbury, may haue vpon euery payment therof, made to the Lorde hygh Treasourer or vnder Treasourer of Englande for the tyme beyng, or to such person or persons, place & places, to whom and where it shall please your hyghnes to appoynt for the receipte therof, in, or at the .xiii. day of Ianuary in euery of the sayde three yeres, a sufficient acquittaunce in wrytyng of the sayd Lord hygh Treasourer or vnder Treasourer, or suche persons as your hygh­nes shall assigne for the receipt therof, the same acquittaunce wit­nessing the receipt of as much of the same summe of the said Sub­sedy as shalbe so receaued. And euery such acquittaunce in wry­tyng sealed and subscribed, with the name or names of the sayde Lorde hygh Treasourer or vnder Treasourer for the tyme beyng, or of such other person or persons as it shall please your hyghnes to appoynt for the same receipt as is aforesayde, maye be good and affectuall in the lawe, and also sufficient discharge to all intentes, constructions, and purposes. And that euery person and persons which shall haue and receaue any such acquittaunce, shall pay but only .iii.s.iiii.d. to the Clarke for the wrytyng of the same.

Prouided alwayes that euery Incumbent makyng suche de­fault of payment, after certificat of euery such default made, and exhibited into your Maiesties court of Exchequer, shall forfait and lose onlye that his benefice or promotion for which he maketh de­fault, and for the same shall incurre no other forfaiture, losse, do­mage, payne, or penaltie: Any other payne, clause, article, or con­dition in the sayde Statute of perpetuall Disme to the contrarye notwithstandyng.

Prouided alwayes, that no Spiritual promotion, or any landes, possessions, or reuenues annexed to the same, beyng charged by this graunt or Acte of the prouince of Cantorbury, or any goodes or cattelles growyng, beyng, or renewyng of the same, or appertai­nyng to the owners of the sayde Spirituall promotion, shalbe charged or made contributory to any Fyftene or Tenth, or anye other Subsedye alreadye graunted to your hyghnes by the laitie, or hereafter to be graunted, duryng the tearme of the sayde three yeres.

Item your sayde Prelates and Clergie further graunt, that all Deanes, Archdeacons, Dignities, Preachers, and Prebendaries, of all Cathedrall and Collegiate Churches within the sayde pro­uince, shalbe charged with this Subsedye for theyr owne promo­tions [Page 67] onely, therof to paye .vi. shyllynges of the pounde, within the sayde three yeres, as is aboue rehearsed. And that those porci­ons of rentes, reuenues, and spirituall promotions, whiche haue ben geuen or impropried vnto the sayde Cathedrall or Collegiate Churches, or any of them, by your highnes or any your highnes noble progenitours, or any other person or persons, whatsoeuer he or they be, or were, for the yerely maintenaunce of poore men, Schoolemaisters, Vsshers, Grammarians, Peticannons, Vicars Chorall, and Readers of diuinitie, Choristers, and all other neces­sary and dayly officers and ministers of such Cathedrall and Colle­giate Churches, shall not be charged with any parte of this Sub­sedye.

Prouided also, that euery Parson, Vicar, or other spirituall person, paying any pention, wherof none allowaunce is made in the valuation of his sayde promotion or benefice, shall and may re­tayne .ii.s. of euery pounde of euery such pention, euery yere du­ryng the sayde three yeres, to his owne reliefe, in consideration that he is charged to paye this Subsedy of .vi. shyllynges of the pounde, out of euery pounde of the whole value of his promotion.

Prouided also, that where certayne landes, tenementes, rentes, tythes, pencions, portions, fruites, and other hereditamentes, lately belongyng to diuers Cathedrall Churches, and to other pla­ces Ecclesiasticall within the saide prouince of Cantorbury, which were geuen and assigned to be bestowed and spent to and on the fyndyng and maintenaunce of certayne Chaunteries, Anniuersa­ries, Obites, Lyghtes, Lampes, and other lyke charges, intentes and purposes, of late came into the handes and possession of the late kynge of famous memory kyng Edwarde the syxt, by force of a Statute therof made in the fyrst yere of his gracious reigne, as by the sayde Statute more plainely appeareth: That the sayd Cathe­drall Churches, and the Deanes, or Presidentes and Chapitours of the same, and all other places and persons, to whom the sayde landes, rentes, and all other the premisses, or any of them, dyd latelye appertayne, shall not be charged to and with anye con­tribution or payment of this Subsedye, of, and for that parte or portion wherevnto the sayde late kyng was entytled or possessed of, nor of and for any of the sayde yerely paymentes, goyng out or payde out of the premisses, or any part therof: But that this saide Subsedye shalbe vnderstanded to be chargeable and due onely of all and singuler landes, tenementes, rentes, tythes, pencions, por­cions, fruites, and other hereditamentes, whiche do yet styll re­mayne not disseuered from the handes and possession of the sayde Cathedrall Churches, and other the places and persons aforesaid. [Page] And that deduction and allowaunce be made to them and euery of them in the payment of the sayde Subsedye, out of the whole va­lue, taxation, and estimation, made for the payment of the sayde perpetuall Disme, remaynyng of Recorde in your hyghnes court of Exchequer, for that rate and portion, or yerely payment, which came to the handes and possession of the sayde late kyng Edwarde the syxte, or otherwyse seuered from the possessions of the sayd Ca­thedrall Churches, and other places and persons aforesayde, by force of the Statute premised.

Prouided alwayes that this Subsedy graunted by the Clergie, shall not be demaunded or leuyed out of any benefice, house of stu­dentes, or Colledge, scituate or set within the vniuersities of Cam­bridge and Oxforde, or of any benefice or other reuenues vnto the sayde vniuersities, or eyther of them, or to any house of studentes or Colledge in the same vnited, appropried, or appertaynyng, or of the Colledges of Wyndsor, or Eaten nyghe Wyndsor, or of the Col­ledge called Saint Mary Colledge by Winchester, founded by Wil­lyam Wickham, sometyme Byshop of Winchester, or of any Hospi­tals or Grāmer Scooles, or of any other Church or benefice, or of any other reuenues to the said vniuersities, houses, Colleges, Hos­pitals, Almes houses, Almes halles, or Grammer Scooles, or to any of them, annexed, appropriated, or otherwyse appertaynyng.

Prouided alwayes, that all Parsons and Vicars, whose bene­fices be of the valuation of fiue poundes or vnder, after the rate of the perpetual Tenth, shall not be charged or chargeable with this Subsedy, or any part therof.

Prouided also, that euery Priest, & all other late Ecclesiasticall persons, hauyng a pention by reason of the dissolution of the late Monasteries, Colledges, free Chappels, Chauntries, Fraternities Guyldes, and Hospitals, or any other Incorporations within the prouince of Cantorbury, or any of them, and being of the sūme of xl.s. or vnder, and not aboue, shall not be charged or chargeable to this said Subsedy, or any part therof, for any such pention of .xl.s. or vnder: Any thing conteyned in this graunt to the contrarye, notwithstandyng.

And for the true & sure payment of this Subsedy graūted by your said prelates & Clergie of the prouince of Cantorbury, according to the tenour, purport, effect, & true meanyng of this present graunt: your said Prelates and Clergie most humbly desire your highnes, that this theyr said gift, graunt, & Subsedy, & euery matter, sūme of money, clause, prouisions & sentences in this instrumēt contey­ned, cōcerning the said Subsedy, may be ratified, established & con­firmed by aucthoritie of this your hyghnes court of Parliament.

[Page 68]Wherefore, for the true and sure payment of the sayde Subse­dye, graunted by the sayde Prelates and Clergie of the sayde pro­uince of Cantorbury, according to the tenour, effect, and true mea­nyng of the sayde instrument: Be it enacted by the Quenes Ma­iestie, with thassent of the Lordes spirituall and temporall, and the Commons in this present Parliament assembled, and by the auc­thoritie of the same, that the sayde gyfte and graunt, and euery matter, summe of money, prouision, clause, and sentence in the sayde instrument conteyned, may be ratified, establyshed, and con­firmed by the aucthoritie aforesayde.

And furthermore be it enacted by thaucthoritie aforesaid, that euery person that shalbe appoynted to the collection & gatheryng of the sayde Subsedye, shall haue full power and aucthoritie to le­uie, take, and perceiue the same Subsedye by thaucthoritie of the censures of the Churche, in maner and fourme, as in the sayde instrument of graunt is conteyned, without daunger of the lawes of this Realme, or by distresse vpon the possession of the fermours or occupyers of the landes and tenementes chargeable by the said instrument, for or to the payment of any summe or summes of mo­ney, or otherwyse, by the discretion of the Collectour therof. And that no Repleuie, Prohibition or Supersedeas shalbe alowed or obeyed, for any person or persons, makyng default of payment of the sayde Sub­sedye, contrary to the tenour of the graunt therof, vntyll such time as they haue truely satisfied and contented all such part and porti­ons, as to them in that behalfe appertayneth. And that euery such fermour and fermours, theyr executours, and assignes (that shall fortune hereafter to be charged to and with the payment of the sayde Subsedye or any parte thereof) shall by thaucthoritie a­foresayd be alowed and retayne in his handes as much of his yere­ly rent and ferme, as the summe whiche he shall fortune to paye for his Lorde or Leassour shall extende vnto: Excepte the sayde fermour or fermours, theyr executours and assignes, by the lease and graunt that they haue of any parte of the landes, tythes, pro­fites, and tenementes, chargeable to this sayde Subsedye, or by force of any couenaunte or article therein conteyned, be bounden and charged to pay the same, & thereof to discharge theyr Leassour and Landelorde, duryng the tearme mentioned in the sayd Leasse.

Prouided alwayes, and be it enacted by the aucthoritie of this present Parliament, that euery laye person hauyng a spirituall promotion, chargeable by this Acte, and also hauyng temporall possessions, goodes, cattelles, and debtes, chargeable to the Sub­sedye graunted in this Parliament by the Temporaltie: shalbe [Page] charged, taxed, and sette, for his sayde spirituall promocions with the Clergie, and for his temporall possessions and cattelles, with the Temporaltie, and not otherwyse: Any thyng before mentio­ned to the contrary, notwithstandyng.

And be it further enacted by thaucthoritie aforesayde, that all and euery graunt and grauntes, of all and euery summe and sūmes of money, which hereafter shalbe graunted to the Quenes Maiestie by the Clergie of the prouince of Yorke, shalbe of the same strength, force, and effect in all thynges, as the sayde graunt made by the sayde prouince of Cantorbury, & shalbe taxed, certified, collected, leuyed, gathered, and payde, accordyng to the tenour, fourme, and effecte of this present Acte of Parliament, to all in­tentes, constructions, and purposes, in such maner and fourme as though it were specially, playnely, and particulerly expressed and rehearsed in this Acte by expresse wordes, tearmes, and sentences, in theyr seuerall natures and kyndes.

Prouided alwayes, and be it enacted by the aucthoritie afore­sayde, that all prouisos before rehearsed, conteyned in the sayde graunt of the Prelates and Clergie of the prouince of Cantorbu­rye, and the lyke of the same prouisions hereafter to be conteyned in the graunt of the Prelates & Clergie of the prouince of Yorke, shalbe good and effectuall, and to be obserued and kepte in euery poynt and article, accordyng to the true purport and meanyng of the same.

¶ An Acte of the Quenes Maiesties most gracious generall and free Pardon. ¶ The .xxxi. Chapter.

THE Quenes moste excellent Maiestie perceauyng ye good wylles and faythfull hartes of her louyng and obedient Subiectes at al times towardes her hyghnes, for the good gouernaunce and defence of this her Realme, and doubting that the same her obedient subiectes haue manye and sundrye wayes fallen into the daunger of diuers penalties and for­faitures by the lawes and Statutes of this Realme: Hath thaught mete to extende her clemencie and pitie towardes her sayde louyng and obedient subiectes, with her liberall and free pardon, accordyng to her Princely and Kyngly power, and thereby to discharge some parte of such great paynes, penalties, and forfaitures, wherewith her sayde subiectes stande nowe burdened and charged, trustyng assuredly that they wyll continue in theyr due obedience and faith­fulnesse towardes her Maiestie, and hereafter in such fort obey the good lawes & Statutes of this Realme, and specially such as in this session of Parliament are deuised, as to them & euery of them of ryght and duetie appertayneth. And therefore her Maiestie is well pleased and contented, that it be enacted by the aucthoritie of this present Parliament, in maner and fourme folowyng.

That is to saye, that all and euery of her sayde Subiectes (aswell Spirituall as Temporall) of this her hyghnes Realme of Eng­lande, Wales, the Isles of Iernesey and Gernesey, the Townes of Barwicke, & Newehauen in Normandy, theyr heyres, successours, executours, and administratours of them and euery of them. And all and singuler bodyes in any maner of wyse corporated, Cities, Boroughes, Shires, Rydynges, Hundredes, Lathes, Rapes, Ma­pentakes, Townes, Vyllages, Hamlettes, and Tythynges, and euery of them, and the successour and successours of euery of them: shalbe by aucthoritie of this present Parliament, acquited, pardo­ned, released, and discharged, agaynst the Quenes Maiestie, her [Page] heires, successours, and executours, and euery of them, of al maner of Treasons, Felonyes, Robberyes, offences, contemptes, alienati­ons, trespaces, Intrucions, Entrees, wronges, deceiptes, misde­meanours, forfaitures, penalties and profites, summes of money, paynes of death, paynes corporall and pecuniary, and generally of all other thynges, causes, quarrels, suites, iudgementes, and exe­cutions, in this present Acte hereafter not excepted nor forprysed, whiche maye be or can be by her hyghnes in any wyse or by any meane pardoned, before and vnto the first day of Ianuary, in this present fyfth yere of her moste gracious raigne, to euery or any of her sayde subiectes, bodyes corporate, Cities, Boroughes, Shires, Rydynges, Hundredes, Lathes, Rapes, Wapentakes, Townes, Vyllages, and Tythynges, or any of them. And also the Quenes hyghnes is contented, that it be enacted by aucthoritie of this pre­sent Parliament, that her said free pardon shalbe as good & effectu­all in the lawe to euery of her said subiectes, bodies corporate, and other before rehearsed, in & against all thynges, which be not here­after in this present Acte excepted and forprysed, as the same par­don shoulde haue ben, yf all offences, contemptes, forfaitures, cau­ses, matters, suites, quereles, iudgementes, executions, penal­ties, and all other thynges (not hereafter in this Act excepted and forprysed) had ben perticulerly, singulerly, specially, and plainely named, rehearsed, and specified, and also pardoned by proper and expresse wordes and names, in their kyndes, natures, and quali­ties, by wordes and termes thervnto requisite to haue ben put in, and expressed in this present Acte of free pardon. And that her sayde Subiectes, nor any of them, nor the heyres, executours, or administratours of any of them, nor of the sayde bodyes cor­porate and others before named, nor any of them, be nor shal­be sued, vexed, or inquieted, in theyr bodyes, goodes, landes, or cattelles, for any maner of matter, cause, contempte, misdemea­nour, forfaiture, trespas, offence, or anye other thyng suffred, done, or committed before the sayde fyrste daye of Ianuarye, a­gaynste her hyghnes, her Crowne, dignitie, prerogatiue, lawe or statutes: But onely for suche matters, causes, and offences, as be playnely rehearsed in the exceptions in this present Act, hereafter mentioned, and for none other: Any Statute or Statutes, lawes, customes, vsages, or president heretofore hadde, made, or vsed to the contrary, in any wyse notwithstandyng. Also the Quenes hyghnes of her bounteous liberalitie, by aucthoritie of this pre­sent Parliament, graunteth and freely geueth to euery of her said Subiectes, and to euery of the sayde bodyes corporate, and other before rehearsed, and euery of them, all goodes, cattelles, debtes, [Page 70] fines, issues, profites, amerciamentes, forfaitures, and summes of money, by anye of them forfaited, whiche to her hyghnes do or shoulde belonge or appertayne, by reason of any offence, contempt, trespas, entree, misdemeanour, matter, cause, or quarrell, suffred, done, or committed by them or any of them, before the sayde fyrste day of Ianuary, which be not hereafter playnely forprysed and ex­cepted in this present Act. And that all and euery the Quenes said Subiectes, and all and singuler bodyes corporate, and other be­fore rehearsed, may by hym or them selfe, or by his or theyr depu­tie or deputies, or by his or theyr attourney or attourneys, accor­ding to the lawes of this Realme, pleade and minister this present Acte of free pardon, for his or theyr discharge, of, and for euery thyng that is by vertue of this present Acte pardoned, discharged, geuen or graunted, without any fee or other thyng in any wyse paying to any person or persons, for writing or entree of the iudge­ment, or other cause concernyng suche plee, wrytyng, or entree, but onely .xvi. pence to be payde to the officer or Clarke that shall entre the plee, matter, or iudgement for the parties discharge in that behalfe: Any Statute, vsage, or custome to the contrary, notwithstandyng.

AND furthermore, the Quenes hyghnesse is contented and pleased, that it be enacted by thaucthoritie of this present Parlia­ment, that her sayde free pardon, by the generall wordes before rehearsed, shalbe reputed, demed, adiudged, allowed, and taken in all maner of Courtes of her hyghnes, & els where, aswell in the wordes and clauses of the exceptions and forprises specified in this present Acte, as in all and singuler other clauses, wordes, and sen­tences mentioned and rehearsed in the sayde free pardon, most be­neficially and auayleably to all and singuler her sayde subiectes, bodyes corporate, and others before rehearsed, and to euery of them, and moste strongly in barre and discharge agaynst her hygh­nes, her heyres, successours, and executours, in euery thyng, with­out any ambiguitie, question, or other delaye whatsoeuer it shal­be to be made, pleaded, obiected, or alleaged by the Quene our so­ueraigne Ladye, her heyres, successours, or executours, or by her or any of theyr generall attourney or attourneys, or by any person or persons for her hyghnes, or any of her heyres, successours, or executours.

And further, it is enacted by the Quene our soueraigne Lady, & by the aucthoritie of this present Parliament, that if any officer or Clarke of any of her hyghnes Courtes, cōmonly called the kynges Bench, Chaūcery, & cōmon place, or of her Exchequer, or any other [Page] officer or Clarke of any other of her Courtes within this Realme, at any tyme after the .xxvi. day of this present moneth of Apryll, make out or write out any maner of writtes or other proces, or any extreates, sommons, or other preceptes, whereby any of the sayde Subiectes, or any of the sayde bodyes corporate, or other before rehearsed, or any of them, shalbe in any wyse arrested, attached, distreigned, sommoned, or otherwyse vexed, inquieted, or grieued in his or theyr bodyes, landes, tenementes, goodes, or cattelles, or in any of them, for or because of any maner thyng pardoned or dis­charged by vertue of this Acte of free pardon: or yf any Sheriffe or Excheatour, or any of theyr deputie or deputies, or any Bayliffe or other officer, by colour of his or theyr office, or otherwayes, after the sayde .xxvi. day of Apryll, do leuye, receaue, or take any thyng pardoned or discharged by this Acte: That then euery such person so offendyng, and therof lawfully condempned, shall yelde and pay for recompence thereof to the partie so grieued or offended, treble damages, besydes all costes of the suite, and neuerthelesse, all and singuler suche writtes, proces, extreates, and preceptes so to be made, for or vpon any maner thing pardoned or discharged by this present Acte of free pardon, shalbe vtterly voyde, & of none effect.

Except and alwayes forprised out of this generall and free Par­don, all and all maner of hygh Treasons, committed or done by any person or persons, by any ouert dede or acte, agaynste the Quenes moste royall person, and all conspiracies, and confedera­cies trayterously had, committed, or done by any person or persons agaynst the Quenes person. And also excepted, all and all ma­ner of Treasons, committed or done by any person or persons in the parties beyonde the Sea, or in any other place out of the Quenes dominions. And all suites, punyshementes, executions, paynes of death, forfaitures, & penalties, for or by reason or occa­sion of any of the treasons and offences before excepted. And also (except and forprised out of this free pardon) all and all maner of forgyng and counterfaityng of whatsoeuer money or coyne cur­raunt in this Realme, and all and all maner of offences, impeti­cions, punyshementes, forfaitures, paynes of death, iudgementes, and executions for the same. And also excepted and forprysed out of this generall and free pardon, all and euery pyracy and rob­bery done vppon the Sea, and all maner of voluntary murders, and wylfull poysonynges, and all and euery burgularye in any dwellyng house, and all and euery robbery done vpon any person or persons in any dwellyng house or houses in the day tyme, and all robberies done vpon or to any mans or womans person in the hygh way, or els where, and all and singuler accessaryes of or to [Page 71] any of the sayde offences. And also all rapes and carnall rauyshe­mentes of women. All wylfull escapes (aswell) of Traytours and Felons (as also) of Clarkes attaynted. And also excepted out of this generall and free pardon, all persons attaynted or outlawed for any treason, murther, robbery, or burgulary. And also (excep­ted) al and euery maner of takyng from the Quene of any goodes, issues, rentes, reuenues, or profytes, of any manours, landes, te­nementes, or hereditamentes of any Traytour, Murderer, Felon, Clarke or Clarkes, being persōs attainted, outlawed, or fugitiues, or of any of them. And also excepted out of this pardon, all ma­ner of Intrucions, had, made, or done, by any person or persons, in or vpon any manours, landes, tenementes, or other hereditamen­tes, of our soueraigne Lady the Quene, and the takyng of any the issues and profites of the same landes or tenementes of our sayde soueraigne Lady, and also all suites and impeticions for the same. And (excepted) also all wastes committed or done in any of the Quenes Wardes landes, or in the Wardes landes of anye of the Quenes Committees. And also all & euery fine and fines, for the single and double value of the mariage or mariages of all & euery the Quenes wardes, at any tyme growen to the Quenes Maiestie or any her noble progenitours. And also all & euery consealement of any Custome or Subsedy. And all and singuler accomptes of al and euery Collectour and Collectours of any Subsedye, Fyftene, Beneuolence, Myse, or Contribution. And of euery other person whatsoeuer, that ought to be accomptaunt to the Quenes hygh­nes, or to her most noble father Kyng Henry the eyght, or to King Edwarde the syxt, or Quene Mary, or to any of them, & the heires, executours, and administratours of euery such accomptaunt. And all and singuler arrerages of accomptes, and all impeticions, suites, demaundes, and executions for the same. And also (ex­cept) all inclosures and decayes of houses of husbandrye, and the conuertyng of any lande from tyllage to pasture, made, done, com­mitted, or permitted, contrary to the fourme and effecte of anye Statute or Statutes heretofore made. And excepted and forpri­sed out of this free pardon, all issues, fines, and amerciamentes, affered, taxed, set, extreated, or entred, seuerally or perticulerly, touching & concernyng any one person, or mo persons ioyntly, ex­tendyng to the summe of .vi. poundes, or aboue. And yet neuer­thelesse, all and singuler other fines (aswell) fines pro licencia concordandi (as other) set, taxed, entred, or extreated, and all other issues and amerciamentes (aswell reall as other) which seuerally or perticu­lerly extende not to the summe of .vi. poundes, whether they be totted, or not totted, taken to the charge of the Sheryffe, or not [Page] taken to his charge, extreated or not extreated, or whether they be turned into debte or not turned into debte, and not beyng le­uied nor receaued by any Sheriffe or Sheriffes, Bayliffes, mini­sters or other officers, to the Quenes Maiesties vse: shalbe fully, clearely, and playnly pardoned and discharged agaynst the Quene our soueraigne Lady, her heyres, and successours for euer, by this present Acte of free pardon. And also excepted and forprised out of this free pardon, all and all maner of deceiptes and offences of all and singuler monyers, and other officers, mynters, or worke­men, of, or in any of the Quenes myntes, within this Realme or any other her dominions, and all impeticions and punyshements for the same. And also excepted and forprysed out of this general and free pardon, all rauyshmentes and wrongfull takyng and withholdyng of any the Quenes Wardes, or Wardes landes, at any tyme commen or growen to the Quenes handes, and not yet discharged. And also (excepted) all tytles and actions of Quare impe­dit, and all homages, reliefe and reliefes, Rentes seruices, Rentes charges, Rentes seckes, & the arrerages of the same, not done or payde to the Quenes hyghnes. And also excepted, all summes of money graunted to the Quenes Maiestie, or to any her noble progenitours, by waye or meane of Subsedye, Fyftene, Beneuo­lence, or Contribution, or by any of the same wayes or meanes. And also all debtes which were or be due to our soueraigne Ladye the Quene, or to the moste noble Kyng of famous memory Kyng Henry the seuenth, or to Kyng Henry the eyght, Kyng Edwarde the sixt, or to the late Quene Mary, or to any person or persons to any of theyr vses, by any condempnation, recognisaunce, obliga­tion, or otherwyse, other then such as are due vpon any obligati­on or recognisaunce forfaited before the sayde fyrst day of Ianuary for non appearaunce in any court or other place, or for not kepyng of the peace, or not beyng of good behauyour. And also, excepted & forprised out of this pardon, al & singuler those forfaitures being due or accrewed to our soueraigne Lady the Quene by any penal­tie of any Statute or Statutes, whiche forfaitures be conuerted into the nature of debt, by iudgement, or by the agrement of the offendour or offendours, or els wherof there is any verdict past for the Quene. And also (excepted) all forfaitures and other penal­ties and profites growen or due to the Quene by reason of any of­fence, contempt, or other Acte, hadde, suffred, committed or done contrary to any Statute or Statutes, or contrary to the common law, wherof any information is geuen in the Quenes Exchequer or into the Kynges Bench, or wherof the Quenes hyghnes by her byll signed, or otherwyse, heretofore hath made any gyft or assigne­ment [Page 72] to any person or persons. And also excepted and forprised out of this generall and free pardon, all such persons as the tenth day of this present moneth of April be in prison within the Towre of London, or in the pryson of the Marshalsea, or in the Fleete, and all persons put to execution before the sayde tenth daye of Apryll. And also excepted out of this free pardon, all offences of forgyng or counterfaityng of any false dedes, escriptes, or wry­tinges. And also excepted all penalties, forfaitures, and tytles of condition accrewed or growen to the Quenes Maiestie by rea­son of the breache or not perfourmyng of any couenaunt or condi­tion. And also excepted out of this generall and free pardon, al and euery such person and persons whiche haue heretofore fledde out of this Realme of Englande, or any other the Quenes domi­nions for any offēce of hygh Treason, petie Treason, or misprision of Treason. And also excepted out of this pardon, all and eue­ry offence and offences, touchyng or concernyng the carrying, sen­dyng, or conueying ouer the Seas or out of this Realme, of any golde, syluer, iewels, or any coyne of golde or syluer, contrarye to the lawes or Statutes of this Realme, vnlesse it were or be by the Quenes licence. And also excepte, all such persons as be fledde and gone out of this Realme, contrary to the lawes and Statutes of this Realme, without the Quenes Maiesties licence. And also all such persons as haue obteyned and had licence to departe the Realme for a tyme, and nowe do abyde out of the Realme without any lawfull excuse after the tyme of theyr licence expired.

Prouided alwayes, and be it enacted by the aucthoritie of this present Parliament, that all and euery person and persons, which haue tendered and ought to sue lyuery out of our sayde soueraigne Lady the Quenes handes, of, or for any manours, landes, tene­mentes, or hereditamentes, whatsoeuer they be, shall sue his or theyr lyuery and lyueryes out of our sayde soueraigne Ladye the Quenes handes, of his or theyr manours, landes, tenementes, and hereditamentes, in lyke maner and fourme as they and euery of them should and ought to haue done yf this Acte hadde neuer ben had ne made: Any article, thyng or thinges in this present Acte of generall and free pardon, comprised and specified to the contrary, notwithstandyng.

And be it further enacted by thaucthoritie aforesayde, that in case it be obiected to or against any Sheriffe, or Sheriffes, or other accomptantes in the Quenes court of Exchequer, or in any other her courtes, that any Sheriffe or Sheriffes or other officers ac­comptantes haue receaued or taken any such fines, issues, or amer­ciamentes, as by this present Acte be pardoned and acquited: that [Page] then euery such Sheriffe & Sheriffes, and other accomptantes, shalbe discharged and acquited therof, by his or theyr owne corpo­rall othe, to be ministred and taken openly before the Barons in the sayde court of Exchequer, or before the Iustices in any other court, without any further tryall in that behalfe.

Prouided alwaye that this present Act of free pardon, nor any thyng therin conteyned, in any wyse extende to discharge, remitte or acquite any person or persons, for any such issues, fines, or amer­ciamentes, as any Sheriffe heretofore haue accompted for before the Barons of the Quenes Exchequer, or els where, and payde the same issues, fines, and amerciamentes, vpon his or theyr sayde accompt, determined to the Quenes vse, and hath his or theyr Quietus est for the same.

Prouided alwayes and be it enacted by the aucthoritie afore­sayde, that it shalbe lawefull to all and euery Clarke and other of­ficer of any the Quenes Courtes, to awarde and make writtes of Capias vtlegatum at the suite of the partie plaintyffe, agaynst such per­sons outlawed as be pardoned by this Acte, to thintent to compell the defendaunt and defendauntes to make aunswere to the playn­tyffe or playntyffes, at whose suite he or they were outlawed. And that euery person so outlawed, shal sue a writte of Scire facias against the partie or parties at whose suite he or they were so outlawed, before this pardon in that behalfe shalbe alowed to hym that so is outlawed.

GOD saue the Quene.

¶ Imprinted at London in Powles Churchyarde by Richard Iugge and Iohn Cawood, Printers to the Quenes Maiestie.

Cum priuilegio Regiae Maiestatis.

¶ An Acte of a Subsedye with two Fyftenes and Tenthes, graunted by the Temporaltie.

THE certeyne knowledge and perfite sence that we your Maie­sties moste humble subiectes haue and fele of the great felicitie, which synce your reigne we hitherto haue enioyed, and nowe presently do en­ioy, farre beyonde all other nations our neyghbours, yea, muche aug­mented to our happynesse, hauyng regarde to the former troublesome times amongst our selues: doth ve­hemently presse and enforce vs, first and principally, with all our hartes and soules to acknowledge our most bounden dueties to Almightie God, the king of kinges, for his exceadyng singuler and diuine goodnes shewed to vs his creatures, in preseruyng for our safetie, after so many stormes, your royall princely person, our moste gracious Quene, and in guydyng & directing the same for our happynesse, in so vnhappy an age, thus happyly, quietly, and prouidently to gouerne vs his people committed to your charge. And nexte, for the same great benefites bestowed vpon vs by his mercyfull goodnesse, by and through your Maiesties person & Regiment, to offer our selues most ready, with all obeysaunce and loyaltie, to serue and most humblye obey your Maiestie, as Gods immediate minister in earth, and supreme gouernour ouer vs, to the vttermost of our power and ende of our lyues. And furthermore, consyderyng with our selues, and beholdyng manyfestlye with our eyes, the many notable beneficiall and princely actes done by your Maie­stie, with thassent of Gods fauour, in these fewe yeres, for the weale and suretie of this your Realme. ¶ First, in restoring 1 vs to the fauour, knowledge, & true seruice of almightie God, by restauration into this Churche of Englande, a sincere vniforme rule and order in Christian religion, by delyuery of vs and our consciences from a foreyne vnnaturall tiranny and power, not­withstandyng the many & great threatnynges of worldly power to the contrary. ¶ Next, by reducyng this your Realme and 2 all other your dominions, from warre wherin you founde it, to [Page] peace with your neighbours, which two godly actes, your Maie­stie did accomplishe immediatly at your first entrie to this your 3 crowne. ¶ Thirdlye, by the euident deliuery of this Realme frō the great & manifest intended inuasions, conspired & prepa­red by strangers (the auncient enemies of this Realme) ioynyng therwith the princely and vpright preseruation of the libertie of the next Realme and nation of Scotlande, from imminent cap­tiuitie and desolation, and so without any bluddy battayle, most prouidētly (though chargeably) diuerting the force of the enemie 4 intended against this Realme, to their reproffe. ¶ Fourthly, by repayryng, storyng, enrychyng, buyldyng, & reenforsyng this your Realme, with the worthyest treasures of Armure, Muniti­on, and all kynd of prouisions offensiue and defensiue for warre, and of a princely nauie of Shippes for the seruice and defence of 5 this your countrey, and vs your people. ¶ And next thereto, as it were in a time almost desperate or doubtfull, for the weight of the matter, by conuertyng of the lothsome an vyle great and long growen bulke of copper and counterfaite moneys, eatyng and dayly consumyng the honor and wealth of this Realme lyke a Canker, into treasures only of golde and syluer moneys, with­out hauing any peece of copper moneys currant in this Realme, a singuler preheminence aboue all countreys in Chirstendome. 6 ¶ And lastly, by a most prouident & seasonable enterpryse nowe taken in hande this yere, beyng therto necessaryly prouoked (be­sides the foresight for safetie of your own Realme) for the defence also of your Maiesties tender yong Brother and next neighbour the French Kyng, beyng forcyblye gouerned agaynste his lawes and libertie, by reason of the ambition of certeyn his vnconten­ted subiectes, being not disposed to liue as subiectes in quietnes, as the experience of them towardes this Realme hath also pro­ued. And consequently, in this enterprise, your Maiestie not for­gettyng the iust and seasonable recouery of an auncient porcion of this your crowne, lately and vnfortunately spoyled and bro­ken of, and we also generally tastyng and sensibly feelyng, from the hyghest of vs to the lowest, through all degrees, places, and tymes, an vniuersall and most blessed fruite of Iustice, both for our lyues, landes, goodes, and behauours, without acception of persons, to the inestimable, yea, and vnaccustomed comfort and ioy of all your good and faithfull Subiectes, & to the singuler re­cōmendation of your Maiesties happynesse to al posteritie, being hytherto neuer compelled to taxe or reprehende, muche lesse to drawe bloud of any person for any offence to your Maiesties roy­all person, a blessednes neuer enioyed so long by any of your pro­genitours, [Page] to our knowledge. Which princely and notable actes, with many others, not here for length to be rehearsed, haue ben, and for continuance therof, muste nedes be so burdenous and chargeable to your Maiestie, that though we can not in dede fynde an example of any one meete present or gyfte by name of Subsedye, or any other reliefe or ayde graunted to any of your progenitours, sufficient to recompence and acquite some one of these your many princely and notable actes, or the charges ther­in susteyned: yet we meaning, and freely of our selues intending, accordyng to our bounden duties, to make some kynde of decla­ration, specification, and recognition of our great debtes of ser­uyce to your Maiestie, being not able to make any full satisfacti­on, as your Maiesties most humble obedient and louyng Sub­iectes, humblye on our knees beseche your hyghnes, that at this tyme, in steade of satisfaction for our great debtes, due for your princely demerites and charges, our small gyfte maye not be measured with your actes, or with our owne debtes to your Ma­iestie: but of your accustomed clemencie, accepted ioyntlye with the treasure of our humble, infinite, & inmeasurable thoughtes and intentions of our hartes towardes your Maiestie, and that for thacception therof, it may be by your hyghnesse, the Lordes spirituall and temporall, and commons in this present Parlia­ment assembled, and by aucthoritie of the same, enacted as fo­loweth.

And be it enacted, that your highnesse towardes the said great costes and inestimable charges, shall haue by aucthoritie of this present Parliament, two whole Fyftenes and Tenthes, to be payed, taken, and leuyed of the moueable goodes, cattalles, and other thynges vsuall to suche Fyftenes and Tenthes, to be contributorye and chargeable within the Shires, Cities, Bo­roughes, Townes, and other places of this your Maiesties Realme, in maner and fourme aforetyme vsed: Except the sūme of .xii.M. poundes thereof fully to be deducted. That is to saye, vi.M. poundes of eyther of the sayde whole Fyftenes & Tenthes, of the sūme that one whole Fyftene and Tenth attayneth vnto, in reliefe, comforte, and discharge of the poore Townes, Cities, and Boroughes of this your sayde Realme, wasted, desolate, or destroyed, or ouergreatly impoueryshed, after suche rate as was and hath afore this tyme ben had and made to euery Shyre, and to be deuyded in suche maner and fourme as heretofore for one whole Fyftene & Tenthes, hath ben hadde and deuyded. And the sayde two Fyftenes and Tenth (the exceptions and deductions aforesayde, therupon had, deducted, and alowed) to be payde in [Page] maner and fourme folowyng. That is to saye, the firste whole fyftene and tenth (except before excepted) to be payd to your high­nes in the receipt of your hyghnesse Exchequer, before the tenth day of Nouember next commyng. And the sayde seconde fyftene and tenth (except before excepted) to be payde to your hyghnesse in the receipt of your Exchequer, before the tenth daye of No­uember, in the yere of our Lorde God. M.D.lxiiii.

And be it further enacted by thaucthoritie aforesayd, that the knyghtes elected and returned, of, and for the Shyres within this Realme for this present Parliament. Citezins of Cities, & Burgeses of Boroughes and Townes, where collectours haue ben vsed to be named, and appoynted for the collection of anye fyftene and tenth before this tyme graunted, shall name and ap­poynt yerely before the laste day of August, in eyther of the sayde two yeres, sufficient and hable parsons, for the collection of the sayde fyftenes & tenthes, in euery of the sayde Shires, Cities, Boroughes, & Townes, the sayde parsons then hauyng landes, tenementes, and other hereditamentes in his or theyr owne right of an estate of enheritaūce of the yerely value of .x. pounds, or in goodes worth a hundreth pounde at the least. And also such parson or parsons so by them to be named and appoynted for the collection of eyther of the sayde Fyftenes & Tenthes, shalbe by them seuerally appoynted and allotted into Hundrethes, Rapes, Wapentakes, Cities, Boroughes, and Townes. And also the said parsons so named and appoynted for the collection of the same Fyftenes & Tenthes, shalbe charged and chargeable vpon his or theyr accompte or accomptes, in thexchequer to be made, with al such summe or summes of money, as the Hundredes, Rapes, Wa­pentakes, Cities, Boroughes, and Townes, where he or they shal so happen to be appoynted, shall amount vnto, and of no more summe or summes. And vpon the payment of suche summes of money as he or they shalbe charged with, shalbe discharged, and haue his and theyr Quietus est, the non accomptyng or non payment of any other his felowes, or the insufficiencie of them or any of them, notwithstandyng. And the names and surnames of euery the sayde collectours for the sayde fyftenes & tenthes, duryng ey­ther of the sayde two yeres, together with the place allotted to theyr collection and charge, the sayde Knyghtes, Citezins, and Burgeses, for the Shires, Cities, and Boroughes, wherevnto they be elected, named, and retourned: shall certifie before the Quene in her Chauncery, before the .xx. day of October, in euery of the same two yeres, accordyng to the tenor of this acte. And if defaute of any suche certifying be hadde or made in fourme as is [Page] aforesayde: then the Lorde Chauncelour of Englande, or keper of the greate Seale for the tyme beyng, shall immediatly after, name and appoynt Collectours, for the collection of eyther of the sayde fyftenes and tenthes, in maner and fourme as the sayde knyghtes of the Shires, Citezins of Cities, and Burgeses of Bo­roughes, shoulde haue done, and as afore tyme hath ben vsed. The whiche sayde Collectours, and euery of them, shall haue lyke alowaunce vpon their accomptes, for their fees, wages, and re­wardes, for the collection of the sayde fyftenes and tenthes, in as large maner and fourme, as any Collectour or Collectours of fyftenes and tenthes, haue had at any season in tyme past. And that the Barons of the Quenes Eschequer for the tyme beyng, shall and may from tyme to tyme, awarde suche processe for the speedy payment therof, agaynst the Collectour and Collectours for the same, as by their discretions shalbe thought conuenient.

Prouided alway, and be it enacted by the aucthoritie of this present Parliament, that the sayde Lorde Chauncelour, or keper of the greate Seale for the tyme beyng, knyghtes of the Shires, Citezins of Cities, & Burgeses of Boroughes, Townes, and other places, hauyng aucthoritie by this present Acte, to name and nominate the sayde Collectours, of, or for the sayde fyftenes and tenthes: shall vpon their nomination and election had and made, take by aucthoritie of this present Parliament, sufficient Recognisaunces, or obligation, of euery parson so by them to be named, to be bounde to the Quenes Maiestie, in the double summe of the summe of their collection, and to be indor­sed vpon such condition, that yf the sayde Collectour or Collec­tours do truely content and paye, to the vse of the Quenes hygh­nesse in her receipt of theschequer, before the .x. daye of Nouem­ber in euery of the sayde two yeres, so much of the summe of mo­ney allotted and appoynted to his collection, as the same Collec­tour shall haue collected and gathered, and do lykewyse after the sayde .x. day of the moneth of Nouember in euery of the said two yeres, content and pay to the Quenes Maiesties vse, at the same receipt, the residue of his collection and charge, within one mo­neth nexte after suche tyme as he shall haue gathered and col­lected the same residue: that then the sayde Recognisaunce or obligation to be voyde, or els to stande in his full strength and vertue. Whiche Recognisaunce or obligation so taken, the sayde knightes of the Shire, Citezins, and Burgeses, and euery of them, takyng any such Recognisaunces or obligation, shall cer­tifie and delyuer to the Lorde Treasourer, and Barons of the same Exchequer, before the sayd .x. day of Nouember, in euery of [Page] the sayde yeres, vpon payne of forfaiture of .x.li. to the Quenes hyghnesse, for euery Reccognisaunce or obligation so to be taken, and not certified. And that euery such collectour, vpon requeste to hym made, shall make and knowledge the same Recognisance or obligation accordyngly, vpon lyke payne and forfaiture of .x. pounde to the Quene, for his refusall therof. And that the Trea­sourer and Barons of the Eschequer, vppon the payment of the same collection, or at the sayde dayes, shal cansell and delyuer the sayde Recognisaunce or obligation, to the sayde Collectour or Collectours, without any other warraunt, or without any fee or rewarde to be payde to any parson for the same.

And furthermore, for the great and wayghtie considerati­ons aforesayde, we the Lordes spirituall and temporall, and the commons of this present Parliament assembled, do by our lyke assent and aucthoritie of this Parliament, geue and graunte to your hyghnesse our sayde Soueraigne Lady the Quenes Maie­stie, your heyres, and successours, one entier Subsedye, to be ra­ted, taxed, leuied, and payde at two seuerall paymentes, of euery parson spirituall and temporall, of what estate or degree he or they be, according to the tenor of this Acte in maner and fourme folowyng. That is to say, aswell of euery parson borne within the Realme of Englande, Wales, or other the Quenes domini­ons, as of all and euery fraternitie, Guylde, Corporation, Mi­stery, Brotherhed, and Cominaltie, corporated, or not corporated, within this Realme of Englande, Wales, or other the Quenes dominions, beyng worth three poundes, for euery pounde aswell in coyne, & the value of euery pound that euery such parson, Fra­ternitie, Guylde, Corporation, Mistery, Brotherhead, Cominal­tie, corporate, or not corporate, hath of his or theyr owne, or any other to his or their vse: as also plate, stocke of marchaūdizes, all maner of corne & blades, housholde stuffe, and of all other goodes moueable, aswell within this Realme, as without, and of all suche summes of money as to hym or them is or shalbe owyng, whereof he or they truste in his or theyr conscience surely to be payde: Excepte, and out of the premisses deducted, such summes of money as he or they owe, & in his or theyr consciences inten­deth truely to paye, and except also thapparell of suche parsons, theyr wyues and chyldren, belongyng to theyr owne bodies, sa­uyng Iewels, golde, syluer, stone, and pearle: shall paye to and for the fyrst payment of the sayde subsedy .xx.d. of euery pound, and to and for the seconde payment of the sayde Subsedye .xii.d. of euery pounde. And also euery Alien and straunger borne out of the Quenes obeysaunce, aswell denizen as others, inhaby­tyng [Page] within this Realme, of euery pounde that he or they haue in coyne, and the value of euery pounde in plate, corne, grayne, marchaundyzes, householde stuffe, or other goodes, iewelles, cattelles, moueable, or vnmoueable, as is aforesayde, aswell within this Realme as without, and of all summes of money to hym or them owyng, wherof he or they trust in his or theyr con­sciences to be payde: Excepte, and of the same premisses deduc­ted, euery such summe or summes of money which he or they do owe, and in his or theyr conscience or consciences intende truely to paye: shall paye of and for euery pounde, to, and for the fyrste payment of the sayde Subsedye .iii.s.iiii.d. and to and for the seconde payment of the sayde Subsedye .ii.s. of euery pounde. And also, that euerye Alien and straunger borne out of the Quenes dominions, beynge denizen or not denizen, not beynge contributorye to any the Rates aforesayde, shall paye to and for the fyrste payment of the sayde Subsedye .iiii.d. and to, and for the seconde payment of the sayde Subsedy .iiii.d. for euery pool. And the master, or he or she, with whom the same Alien is, or shalbe abydyng at the tyme of the taxation or taxations thereof, to be charged with the same, for lacke of paymente there­of.

And further, be it enacted by the aucthoritie aforesaid, that euery parson borne vnder the Quenes obeysaunce, and eue­rye Corporation, Fraternitie, Guylde, Mistery, Brotherhed, and Cominaltie, corporate, or not corporate, for euery pounde that euery of the same parson, and euery Corporation, Fraternitie, Guyld, Mistery, Brotherhead, and Cominaltie, corporate, or not corporate, or any other to his or theyr vse, hath in fee simple, fee tayle, for terme of lyfe, terme of yeres, by execution, wardeshyp, or by copye of court roll, of, and in any honours, castelles, ma­nours, landes, tenementes, rentes, seruyses, hereditamentes, annuities, fees, corrodies, or other yerely profites, of the yerelye value of .xx.s. aswell within auncient demeane, and other pla­ces priuileged, or els where, and so vpwardes: shall pay to, and for the fyrst payment of the sayde Subsedye .ii.s.viii.d. of, and for euery pounde, and to and for the seconde payment of the sayd Subseyde .xvi.d. of and for euery pound. And euery Alien borne out of the Quenes obeysaunce, in such case, to pay at the first of the sayd paymentes .v.s.iii.d. of euery pound, and at the second payment .ii.s.viii.d. of and for euery pounde. And that al sūmes presented and chargeable by this Act, eyther for goodes & debtes, or eyther of them, or for landes and tenements, and other the premisses, as is in this Acte conteyned, shalbe at eyther of the [Page] sayde paymentes set and taxed after the rate and porcion, accor­dyng to the true meanyng of this Acte (landes, and tenementes chargeable to the dismes of the clergie, and yerely wages due to seruauntes for their yerely seruice, other then the Quenes ser­uantes, takyng yerely wages of .v. poundes or aboue, only excep­ted, & foreprised.) And that al plate, coyne, iewels, goodes, debtes, and cattels parsonalles, being in the rule and custody of any par­son & parsons, to the vse of any corporation, fraternitie, guylde, mistery, brotherhead, or any cōminaltie, being corporate, or not corporate, be & shalbe rated, set, a charged by reason of this Acte, as the value certified by the presentours of that certificate, to be sworne of euery pounde in goodes and debtes, as is abouesaide, & of euery pounde in landes, tenementes, annuities, fees, corrodies or other yerely profites, as is abouesayde, and the sūmes that are before rehersed, set and taxed, to be leuyed and taken of them that shal haue such goodes in custody, or otherwise charged for landes, as is before rehearsed. And the same parson or parsons, and bo­dye corporate, by aucthoritie of this Acte, shalbe discharged a­gaynst hym or them that shall or ought to haue the same, at the tyme of the payment or deliuery thereof, or at his otherwyse de­parture from the custody or possession of the same. Except and al­wayes foreprised from the charge and assessement of this Subse­die, all goodes, catteles, iewels, and ornamentes of Churches and Chappelles, whiche haue ben ordeyned and vsed in Churches or Chappelles for the honor and seruyce of almightie God. And the first payment of the sayd Subsedye, shalbe, by the aucthoritie a­foresayde, taxed, assessed, and rated accordyng to this Act, in euery Shyre, Lath, Wepentake, Rape, Citie, Borough, Towne, & euery other place within this Realme of Englande, & Wales, and other the Quenes dominions, before the .xx. daye of Apryll next com­myng. And the seconde payment of the sayd Subsedye, shalbe by the aucthoritie aforesayde, taxed, assessed, and rated, before the .x. day of December next cōmyng. And the particuler sūmes of eue­ry Shire, Riding, Borough, Towne, and other places aforesayd, with the particuler names of such as are chargeable for, and to the first payment of the said Subsedye, to be taxed and set, by the Cōmissioners to the same limitted, or two of them at the leaste, with the names of the high Collectours, and in the same fourme shalbe certified into the Quenes Exchequer, before the .xx. daye of Maye nexte commyng. And the particuler summes of euery Shire, Rydyng, Borough, Towne, and other places afore­sayde, with the particuler names of suche as are chargeable for and to the seconde payment of the sayd Subsedye, to be taxed [Page] and set by Commissioners, to the same to be limitted, or two of them at the least, with the names of the hygh Collectours, and in the same fourme, shalbe certified into the Quenes Exchequer before the .xx. day of Ianuary, whiche shalbe in the yere of our Lorde God a Thousande fyue Hundreth Threescore and three. And the sayde summes, in maner and fourme aforesayde, to be taxed for the first payment of the sayde Subsedye, shalbe payde into the Quenes receipte of her Exchequer aforesayde, to the vse of our sayde Soueraigne Lady, before the fyrst day of Iune next cōmyng. And the sayd summes in maner and fourme aforesayd, to be taxed for the seconde payment of the sayd Subsedye, shalbe payde into the receipte aforesayde, to the vse aforesayde, before the .xx. day of February, whiche shalbe in the yere of our Lorde God a Thousande fyue Hundreth Threescore and three. And the summe abouesayde, of, and for the saide Subsedye, shalbe taxed, sette, asked, and demaunded, taken, gathered, leuyed, and payde, to the vse of our sayde Soueraigne Ladye, her heyres, and suc­cessours, in fourme abouesayde, aswell within the liberties, fraunchises, sanctuaryes, auncient demeane, and other whatso­euer place exempt or not exempt, as without: except such Shires places, and parsons, as shalbe foreprised, in, and by this present Acte, any graunt, charter, prescription, vse, or libertie, by reason of any letters patentes, or other priuiledge, prescription, alow­aunce of the same, or whatsoeuer other matter of discharge here­tofore to the contrary made, graunted, vsed, or obteyned, not­withstandyng.

And it is further enacted by the aucthoritie of this pre­sent Parliament, that euery such parson, aswell such as be borne vnder the Quenes obeysaunce, as euery other parson straunger borne, denizen, or not denizen, inhabytyng within this Realme, or within Wales, or other the Quenes dominions, which at the tyme of the sayde assessynges or taxations, or of eyther of them, to be had or made, shalbe out of this Realme, and out of Wales, and haue goodes or cattels, landes or tenementes, fees or annuities, or other profites within this Realme, or in Wales: shalbe char­ged and chargeable for the same, by the certificate of the inhaby­tauntes of the parties, where such goodes, cattelles, landes, te­nementes, or other the premisses, then shalbe, or in suche other place where such parson or his factour, deputie, or atturney, shal haue his most resorte vnto, within this Realme, or in Wales, in lyke maner, as yf the sayde parsone were or hadde ben at the tyme of the sayde assessyng within this Realme. And that euery parson abydyng or dwellyng within this Realme, or without [Page] this Realme, shalbe charged or chargeable to the same Subsedye graunted by this Act, accordyng and after the rate of such yerely substaunce, or value of landes and tenementes, goodes, cattelles and other the premisses, as euery parson so to be charged, shalbe set at in the tyme of the sayde assessyng, or taxation vpon hym to be made, and in none otherwyse.

And further be it enacted by the aucthoritie aforesaid, that for thassessyng and orderyng of the sayde Subsedye to be duely had, the Lorde Chauncelour of Englande, or the keper of the greate seale, the Lorde Treasourer of Englande, the Lorde Steward of the Quenes Maiesties housholde, the Lorde President of the Quenes honorable Counsell, and the Lorde Priuie seale for the tyme beyng, or two of them at the least, wherof the Lord Chaun­celour of England, or keper of the great seale for the tyme being, to be one: shall and may name & appoynt, of, and for euery Shire and Rydyng, and other places, aswell within this Realme, as in Wales, and other the Quenes dominions, and also of, and for euery Citie and Towne, beyng a Countie of it selfe, and of, & for the Isle of Wyght, such certeyne numbre of parsones of euery of the same Shires, Ridinges, Lathes, Wapentakes, Rapes, Ci­ties, Townes, and Isle of Wyght, and euery other place, & other the inhabitantes of the same, to be Commissioners of and with­in the same wherof they be inhabitauntes, and also of, and for the honorable housholde of the Quenes Maiestie, in what Shire or other places the sayde housholde shall happen then to be. And the Lorde Chauncelour or keper of the great Seale, & other with hym before named, in lyke maner may name & appoynt of euery other such Borowe, and Towne corporate, aswell in Englande as in Wales, & other the Quenes dominions, as they shall thinke requisite .vi.v.iiii.iii. or .ii. of the head officers, and other sadde honest inhabitantes of euery of the sayde Cities, Boroughes, and Townes corporate, accordyng to the numbre and multitude of the people beyng in the same. The which parsons, yf any such be thervnto named, of the said inhabitantes of the said Boroughes and Townes corporate, not beyng Counties of them selues: shal be ioyned and put in as Cōmissioners, with the parsons named for suche Shires and Rydynges, as the sayde Boroughes and Townes corporate, not being counties in them selues, be set and haue theyr beyng. Which parsons so named, for, and of the sayde Boroughes and Townes corporate, not beyng counties, by rea­son of theyr dwelling in the same, shall not take vpon them, ne none of them, to put any part of theyr Commission in execution for the premisses, out of the sayde Boroughes, and Townes cor­porate, [Page] wherein they beynge so named onely for the same, be dwellyng. And also not to execute the sayde Commission with­in the Borough or Towne corporate where they be so dwellyng, but at suche dayes and tymes as the sayde other Commissioners for the same Shyre and Rydyng, shall therevnto limit and ap­poynt, within the same Borough or Towne corporate, not be­ing Countie corporate, wherof they so be, and not out of such Borough or Towne: and in that maner to be aydyng and as­sistyng with the sayde other Commissioners, in, and for the good executyng of theffecte of the sayde Commission, vppon payne of euery of the sayde Commissioners, so named for euery suche Ci­tie, Borough, and Towne corporate, not beyng a Countie, to make suche fyne as the sayde other Commissioners in the Com­mission, of, and for the same Shyre or Rydyng so named, or three of them at the least, shall by theyr discressions sette, and certifie into the Quenes Exchequer, there to be leuyed to the vse of the Quenes Maiestie, in lyke maner as such or lyke summes had ben set and rated vpon euery such person for the sayd Subsedye. The which Commissioners, so named, of, and for the sayde Ci­ties, Boroughes, and Townes, not beyng Counties, and onlye put in the sayde Commission by reason of theyr dwellyng in the same: shall not haue any parte of the porcion of the fees and re­wardes of the Commissioners and theyr Clarkes, in this Acte af­terwarde specified and alowed. And the Lorde Chauncelour of England, or the keper of the great Seale of England for the time beyng, shall make, and directe out of the court of the Chauncery vnder the great Seale, seuerall Commissions, that is to saye, to euery Shire, Riding, Lathe, Wapentake, Rape, Citie, Towne, Borough, Isle, and Householde, vnto suche person and persons, as by his discression, and other with hym afore named and ap­poynted, in lyke maner and fourme as is afore rehearsed, shalbe thought sufficient for the sessyng and leuying of the sayde Sub­sedye, in all Shires and places, accordyng to the true meanyng of this Acte. Whiche Commission for the fyrste payment of the sayde Subsedye, shalbe directed and delyuered to the sayde Com­missioners, or to one of them, before the fyrste day of Apryll next commyng, and the Commission for the seconde payment of the sayde Subsedye, shalbe directed and delyuered to the sayde Com­missioners or one of them, before the fyrste day of Nouember, whiche shalbe in the yere of our Lorde God a Thousande fyue Hundreth Threescore and three, and to euery of the sayde Com­missions, tenne Sedules, conteynyng in them the tenor of this Acte, shalbe affyled. By which Commission, the Commissioners [Page] in euery such Commission, named accordyng to this Acte, and as many of them as shalbe appoynted by the saide Commission, shal haue full power and aucthoritie to put the effect of the same Com­mission in execution. And that by aucthoritie of this Acte, after such Commissions to them directed, they maye by theyr assentes and agrementes, seuer them selues for thexecution of their Com­mission, in Hundredes, Lathes, Wardes, Rapes, Wapentakes, Townes, Parishes, and other places within the limittes of their sayde Commission, in such fourme as to them shall seme expedi­ent to be ordered, and betwene them to be comoned and agreed, according to the tenor and effect of the Commission to them ther­in directed. Vpon whiche seueraunce, euery person of this pre­sent Parliament that shalbe Commissioner, shalbe assigned in the Hundred where he dwelleth.

Prouided alwayes, that no person be or shalbe compelled to be any Commissioner, to, and for thexecution of this present Act, but onlye in the Shyre where he dwelleth and inhabiteth, and that any person being assigned to the contrary thereof, in anye wyse shall not be compelled to put in execution the effecte of this Acte, or any part therof.

And it is also enacted by the aucthoritie of this present Parli­ament, that the Cōmissioners, and euery of them, which shalbe named, limitted, & appoynted according to this Acte, to be Com­missioners in euery such Shire, Riding, Lath, Wapentake, Rape Citie, Towne, Borough, Isle, and the sayde Housholde, or any other place, and none other: shall truelye, effectuallye, and dili­gently for their part, execute theffect of this present Acte, accor­dyng to the tenor thereof in euery behalfe, and none otherwyse by any other meanes, without omission, fauour, dread, malice, or any other thyng to be attempted & done by them or any of them, to the contrary therof. And the saide Cōmissioners, and as many of them as shalbe appoynted by the sayde Commission, and none other, for the execution of the sayde Cōmission and Acte, shall for the taxation of the saide first payment of the said Subsedye, be­fore the tenth day of Apryll next commyng, and for the taxation of the sayde seconde payment of the sayde Subsedye, shall before the tenth day of Ianuary, which shalbe in the yere of our Lorde God a Thousand fyue Hundreth Threescore and three, by vertue of the Commissions deliuered vnto them in fourme aforesayde: direct their seuerall or ioynt precept vnto .viii.vii.vi.v.iiii.iii. or two, as for the number of the inhabitauntes shalbe requisite, of the most substanciall, discrete, and honest persons inhabitantes, to be named by the saide Cōmissioners, or by as many of them as [Page] shalbe appoynted by the sayde Cōmission, of, and in Hundredes, Lathes, Rapes, Wapentakes, Wardes, Paryshes, Townes, and other places, aswell within liberties, fraunchesis, auncient de­meanes, places exempted, and sanctuaries, as without, within the limits of the shyres, Ridinges, Lathes, Wapentakes, Rapes, Cities, Townes, Boroughes, or Isle aforesayde, and other places within the limittes of their Commission, and to the Constables, Subconstables, Bayliffes, and other lyke officers or ministers, of euery of the sayde Hundredes, Townes, Wardes, Lathes, Wapen­takes, Paryshes, & other places before sayde, as to the said Com­missioners & euery number of them, or vnto three or two of them by their discretions in diuision, shall seme expedient, as by the maner and vse of the parties shalbe requisite, strayghtly by the same precept, charging and cōmaunding the same inhabitantes, Constables, and other officers aforesayde, to whom such precepte shalbe so directed, to appeare in theyr proper parsones before the sayde Cōmissioners, or such number of them, as they shall deuide themselues, accordyng to the tenor of the saide Cōmission, at cer­teyne dayes and places, by the sayd Cōmissioners, or any number of them, as is aforesayde, within Cities, Boroughes, or Townes corporate, or without, in any other place as is aforesayd, by their discressions shalbe limitted therevnto, to do and accomplyshe all that to them on the parties of the Quenes Maiestie, shalbe enioy­ned touching this Acte. Commaundyng further by the same pre­cept, that he to whose handes such precept shall come, shall shewe or delyuer the same to the other inhabitauntes or officers named in the same precept, & that none of them fayle to accomplyshe the same, vpō payne of .xl.s. to be forfaited to the Quenes Maiestie.

And it is further ordeyned, by the aucthoritie of this present Parliament, that at the sayde day and place prefixed and limitted in the sayde precept, euery of the Commissioners then beyng in the Shire, & hauyng no sufficient excuse for his absence at the day and place prefixed for that parte wherevnto he was li­mitted: shall appeare in his proper parson, and there the same Commissioners beyng present, or as many as shalbe appoynted by the Quenes Maiesties Cōmission, shall call or cause to be cal­led before them, the sayde inhabitauntes and officers, to whom they haue directed their sayd preceptes, & which had in cōmaun­dement there to appeare by the sayde precept, of the sayde Cōmis­sioners. And yf any parson so warned, make default, vnlesse he then be letted by sickenesse or lawfull excuse, and that let then be witnessed by the othes of two credible persons, or yf any appea­ring, refuse to serue in fourme folowing: to forfeit to the Quenes [Page] Maiestie .xl.s. and so at euery tyme appoynted by the sayd Com­missioners for the same taxation, vnto such tyme the number of euery such parsons haue appeared, and certified in fourme vnder wrytten, and euery of them so makyng default, or refusyng so to serue, to forfeit to the Quenes Maiestie .xl.s. And vpon the same appearaunce had, they shalbe charged before the Comm [...]sioners, by all conuenient wayes & meanes (other then by corporall othe) to inquire of the best and most value of the Substaunce of euery parson, dwellyng and abydyng within the limittes of the places that they shalbe charged with, and of other which shall haue his or theyr most resort vnto any of the sayde places, and chargeable with any summe of money by this Acte of this sayde Subsedye, and of all other thynges requisite touchyng the sayde Acte, and according to the intent of the same, & thervpon as nere as it may be, or shall come to theyr knowledge, truely to present and certi­fie before the said Commissioners, the names and surnames, and the best and vttermost substaunce and values of euery of them, aswell of landes, tenementes, and other hereditamentes, posses­sions, & profytes, as of goodes, cattelles, debtes, & other thinges chargeable by the sayde Acte, without any conceylement, loue, fauour, affection, dread, feare, or malyce, vpon the payne often poundes or vnder, to be taxed, estreated, and leuyed in fourme as hereafter in this present Acte, shalbe limitted or appoynted. And thervpon the sayd Cōmissioners shall openly there reade, or cause to be read vnto them, the sayde rates, and openly declare theffect of theyr charge vnto them, in what maner & fourme, they ought and shoulde make theyr certificat, accordyng to the rates & sūmes therof abouesayde, and of all maner of parsons, aswell of Aliens and straungers, denizens, or not denizens, inhabytyng within this Realme, as of such parsons as be borne vnder the Quenes obeysaunce chargeable to this Act, and of the possessions, goodes and cattelles of Fraternities, Guyldes, Corporations, Brother­heades, Misteries, and Cominalties, and other as is abouesayde, and of parsons beyng in the parties of beyonde the seas, hauyng goodes or cattels, landes, or tenementes within this Realme, as is aforesayde, and of all goodes beyng in the custody of any par­son or parsons, to the vse of any other, as is abouesayde. By the which information and she wyng, the sayde parsons should haue suche playne knowledge of the true intent of this present Acte, and of the maner of theyr certificate, that the same parsons shall haue no reasonable cause to excuse them by ignoraunce. And af­ter suche charge, and the statute of the sayde Subsedye, and the maner of the sayde certificate to be made in wryting, conteyning [Page] the names and surnames of euery parson, and whether he be borne without the Quenes obeysaunce or within, and the best value of euery parson in euery degree, aswell of yerely va­lue of landes and tenementes, and of such lyke possessions and profites, as the value of goodes and cattelles, debtes, and eue­rye thyng to their certificate requisite and necessarye to them declared: the sayde Commissioners there beyng, shall by theyr discressions appoynt, and limitte vnto the sayde parsons, an other daye and place, to appeare before the sayde Commissio­ners, and chargyng the sayde parsons, that they in the meane tyme shall make diligent inquirye, by all wayes and meanes, of the premisses, and then and there euery of them, vppon payne of forfeyture of fortye shyllynges to the Quenes Ma­iestie, to appeare at the sayde newe prefyxed daye and place, there to certifie vnto the sayde Commissioners in wrytyng, accordyng to theyr sayde charge, and accordyng to the true intent of the sayde graunte of Subsedye, and as to them in maner aforesayde hath ben declared and shewed by the Com­missioners. At whiche daye and place so to them prefyxed, yf any of the sayde parsons make default, or appeare and refuse to make the sayde certificat: that then euery of them so offen­dyng, to forfeyte to the Quenes Maiestie fortye shyllynges, excepte there be a reasonable excuse of his default, by reason of sickenesse or otherwyse, by the othes of two credible parsons there witnessed. And of suche as appeare, ready to make cer­tificate as is aforesayde, the sayde Commyssyoners there be­yng, shall take and receaue the same certificate, and euery part thereof, and the names, values, and substaunce of euerye parson so certified, and yf the same Commyssyoners see cause reasonable, they shall examine the sayde presenters thereof, and thervpon the sayde Commissioners at the sayde dayes and place, by theyr agrementes among them selues, shall from tyme to tyme openly there prefyxe a daye, at a certayne place or places, within the limittes of theyr Commyssyon, by theyr discression, for theyr further proceadyng to the sayde assessyng of the same Subsedye, and therevpon at the sayde daye of the sayde certificat, as is aforesayde, taken, the same Commyssyo­ners shall make theyr precepte or preceptes to the Constables, Subconstables, Baylyffes, or theyr officers, of suche Hun­dredes, Wapentakes, Townes, or other places aforesayde, as the same Commyssyoners shalbe of, comprysyng and contey­nyng in the same precept, the names and surnames of all par­sons presented before them in the sayde certificate, of whom if [Page] the sayde Commyssyoners or as manye of them as shall be therevnto appoynted by the Quenes Commyssyon, shall then haue vehemente suspecte, to beof more greater value or substaunce in Landes, goodes, Cattelles, or summes of money owynge to them, or other substaunce before sayde, then vppon suche parsone or parsones shalbe certyfyed: the same Commyssyoners shall make their precepte or precep­tes, directed to the Constable, Baylyffes, or other offycers, commaundyng the same Constable, Baylyffes, or other offi­cers, to whom suche precepte shalbe directed, to warne suche parsones whose names shalbe comprysed in the sayde pre­cepte, at theyr mansyons, or to theyr parsones, that the same parsones named in suche preceptes, and euerye of them, shall parsonallye appeare before the sayde Commyssyoners at the same newe prefyxed daye and place, there to bee exa­myned by all wayes and meanes (other then by corporall othe) by the sayde Commyssyoners, of theyr greateste sub­staunce and beste value, and of all and euerye Summes of money owynge to them, and other whatsoeuer matter con­cernynge the premysses, or any of them, accordynge to this Acte. At whiche daye and place so prefyxed, the sayde Com­myssyoners then and there beynge, or as manye of theim as shall be therevnto appoynted by the Quenes Commyssyon, shall cause to be called the sayde parsons whose names shalbe comprysed in the sayde precepte, as is before sayde, for theyr examination. And yf any of those parsones whiche shoulde be warned, as is before sayde, to be examyned, whiche at anye tyme after the warnyge, and before the prefyxed daye, shalbe within suche place where he maye haue knowledge of his sayde appearaunce to be made, make defaulte, and appeare not, vnlesse a reasonable cause, or els a reasonable excuse, by the othes of twoo credyble parsones, before the sayde Commyssyoners be truelye alledged for his discharge: that then euery of them so makyng defaulte, to be taxed and charged to the Quenes Maiestie, with, and at the double summes of the rate that he shoulde or ought to haue ben sette at, for, and after the beste value of his landes or substaunce vppon hym certyfyed, yf he hadde appeared, by the discres­syon of the Commyssyoners there beynge. Whiche Com­myssyoners, shall trauayle with euerye of the other par­sones so then and there appearynge, whose names shalbe [Page] expressed in the sayde precept or preceptes, and in whom any vehement suspecte was or shalbe had, fourme abouesayde, by all suche wayes and meanes they can (other than by cor­porall othe) for the better knowledge of theyr best value, eyther in hereditamentes, or possessions, eyther els in goodes or debtes. And that euery Spirituall parson at eyther of the sayde taxations of the sayde Subsedye, shalbe rated and sette, accordynge to the rate abouesayde, of, and for euery pounde that the same Spirituall parson, or any other to his vse hath, by discent, bargayne, or purchase, in fee Simple, fee Tayle, terme of lyfe, terme of yeres, by execution, by warde, or by copye of court roll, in anye Manours, Landes, Annuittes, or Hereditamentes, after the true, iuste, and yerely value ther­of, after and accordynge as other the Quenes Maiesties sub­iectes borne within this Realme, be charged, in fourme a­boue remembred, so that it extend to the yerely value of .xx.s. or aboue.

And it is further enacted, that yf the sayde taxours and assessours, shall not duely behaue them selues in theyr inqui­rye, taxation, assessement, or certificat, but shall affectional­lye, corruptlye, or parciallye demeasne them selues in that be­halfe, in suche wyse, that the Commyssyoners shall by theyr consideration deame them offenders, worthy of punyshement for not doyng theyr dueties therin: that then foure or more of the Commissioners in that Countie, for this Subsedye, shall haue power and aucthoritie, by theyr discressions eyther to charge the sayde assessours, vpon theyr corporall othes, for the better seruyce aforesayde in that behalfe, or els by theyr dis­cression, to taxe and sette vpon eyther of the sayde assessours, for theyr misdemeanour in that behalfe, suche a fine or payne as they shall thynke good, so that it exceade not the summe of tenne poundes, and the same fine or payne, at theyr discressi­ons to estreate. Euery which fine so taxed and sette by foure of the Commissioners, or more, and beyng estreated with the Sedule or bokes of that lymytte, shalbe leuyed and aunswered to the Quenes vse, in lyke maner and fourme, to all intentes and purposes, as any other summe that shalbe taxed and be­come due by vertue of this estatute and Acte of Subsedye, and not in any other wyse or maner. And yf anye parson certi­fied or rated by vertue of this Acte, be he Commyssyoner or o­ther, to anye maner of value, doth fynde hym selfe grieued with the same presentment, sessyng, or taxyng, and therevp­pon [Page] complayne to the Commissyoners, before whom he shalbe rated, sessed, or taxed, or before two of them, before the same taxation be certified into the courte of the Exchequer: that then the sayde Commyssyoners, or two of them, shall by all wayes and meanes, examine particularly and distynctlye the parson so complaynyng, vpon his othe, and other his neygh­bours, by theyr discressyon, of euery his landes and tenemen­tes aboue specified, and of euery his goodes, cattelles, and debtes aboue mentioned. And after due examination and parfecte knowledge thereof hadde, and perceaued by the sayde Commyssyoners, or two of them, whiche shall haue power by aucthoritie aforesayde: the sayde Commyssyoners or two of theim, to whom anye suche complaynte shalbe made, by theyr discressyon, vppon the othe of the sayde par­son so complaynynge, maye abate, defaulke, encrease, or enlarge the same assessemente, accordynge as it shall appeare vnto theim iuste, vppon the same examination. And the same summe so abated, defaulked, encreased, or enlagred, shalbe by them estreated in fourme as hereafter ensueth. And yf it be proued by wytnesse, or by the parties owne con­fession, or other lawefull wayes or meanes, within a yeare after anye suche othe made, that the same parson so taxed, and sworne, was of anye better or greater value in landes, goodes, or other thynges aboue specified, at the tyme of his sayde othe, then the same parson so sworne dyd declare vpon his sayde othe: that then euery suche parson so offendynge, shall lose and forfeyt to the Quenes Maiestie, so much in law­full money of England, as he the same parson so sworne, was sette or taxed to pay.

And also it is enacted by the same aucthoritie, that euerye parson to bee rated at the sayde taxation, as is aforesayde, shall be rated, taxed, and sette, and the summe on hym sette, to bee leuyed at suche place where he and his famylye at the tyme of the same presentemente to bee made, shall kepe his house or dwellynge, or where he then shalbe moste conuersaunte, abydynge, or resyaunte, or shall haue his moste resorte, at the tyme of the sayde certyfycate to bee made, and no where els. And that no Commyssy­oner for this Subsedye, shall bee rated or taxed for his goodes or landes, but in the Shyre and other place where he [Page] shalbe Commyssyoner. And that yf any parson chargeable to this Acte, at the tyme of the same assessyng, happen to be out of this Realme, and out of Wales, or farre from the place where he shalbe knowen: then he to be sette where he was laste abydynge in this Realme, or within Wales, and after the substaunce, value, and other profytes of euery parsone to be knowen, by the examination. certificate, or other ma­ner of wyse, as is aforesayde. And that the sayde Com­myssyoners, or as manye of them as shalbe appoynted by the Quenes Maiesties Commyssyon, or Commyssyons, shall after the rate and rates aforesayde, cause euery parsone to be sette, rated, and taxed, accordyng to the rate of the sub­staunce and value of his Landes, goodes, Cattelles, and o­ther profytes chargeable by this Acte, whereby the grea­teste and moste beste summe or summes, accordynge to his moste substaunce, by reason of this Acte, myght, or maye be sette or taxed. And that euerye parsone taxed in anye Countie or place, other then where he is moste resyaunte, or hath his famylye, or in anye Countie or place, other then where he is a Commyssyoner for this Subsedye, yf he be a Commyssyoner, vppon certificate made to the sayde Courte of Exchequer, vnder the handes and seales of three Com­myssyoners for the Subsedye in the same Countie or place where suche parson is moste resyaunte, or hath his famy­lye, or where he is a Commyssyoner for the taxation and paymente of this Subsedye, testyfying suche his moste re­syauncie, hauynge of famylye, or beynge a Commyssyoner: shalbe a sufficient discharge for the taxation of that par­son in all other places, and of, and for all other summes of money vppon suche parson so sette and taxed, saue onely the taxation made in that Countie or place, from whiche suche certificate shalbe made, as aforesayde, and for the summe of money vppon suche parson there assessed or taxed. And that such certificate without anye plee or other circum­staunce, shalbe a sufficient warraunte, aswell to the Ba­rons and Auditours of the sayde courte of Exchequer, as to all and euery other offycers, to whom the alowaunce thereof shall appertayne, paying for suche discharge and alowaunce, onely two shyllynges, and no more.

Prouyded alwayes, that euery suche parson, which shalbe rated, sette, or taxed, accordynge to the intente and [Page] true meanyng of this Acte, for payment of and to this Sub­sedye, for, and after the yerely value of his landes, tenemen­tes, and other Reall possessions or profites at any of the sayde taxations, shall not after be set and taxed for his goodes and cattelles, or other his moueable substaunce at the same taxa­tions, and that he that shalbe sette, charged, or taxed for the same Subsedy, for his goodes, cattelles, and other moueables, at any of the sayde taxations, accordyng to the true meanyng of this Acte, shall not after be charged, taxed, or chargeable for his landes, or other reall possessions and profytes aboue­sayde, at the same taxations, nor any of them, nor that anye parson by any taxation be double charged for the sayde Sub­sedye, nor sette or taxed at seuerall places by reason of this Acte. But yf any parson happen to be double sette, taxed, or charged, eyther in one place, or at seuerall places: then he to be discharged of thone taxation, & charged with the other, accordyng to the meanyng and intent of this Acte. Any thyng conteyned in this present Acte to the contrarye, notwithstan­dyng.

And that it be ordeyned by the sayde aucthoritie of this present Parliament, that no parson hauyng two mansions, or two places to resorte vnto, or callyng hym selfe householde seruaunt, or waytyng seruaunt to the Quenes Maiestie, or other Lorde or Lady, Master or Mysteres, be excused vpon his saying, from the taxes of the sayde Subsedye, in neyther of the places where he maye be sette, vnlesse he bryng a certificat in wrytyng from the Commissioners, where that he is so sette in dede at one place. And yf any parson that ought to be sette, by reason of his remouyng or resortyng to two places, or by reason of his saying that he els where was taxed, or by reason of any priuiledge by his dwellyng or abydyng in anye place, not beyng foreprysed in this Acte, or otherwyse by his couyn or crafte, happen to escape from the sayde taxation, and be not sette and taxed, and that proued, by presentment, examinati­on, or information before the sayde Commissioners, or as ma­nye of them as shalbe by the same Commyssyon appoynted, or before the Barons of the Quenes Maiesties Exchequer, or two Iustyces of the peax, of the Countie where suche parson dwelleth: then euery suche parson that by suche meanes, or otherwyse wyllynglye by couyn, shall happen to escape from the sayde taxation, or payment aforesayde, and not be rated, taxed, and sette, shalbe charged vppon the knowledge and profe therof, with and at the double value of so muche as he [Page] shoulde, myght, or ought to haue ben sette and taxed at, by vertue of this Acte. And the same double value to be leuyed, gathered, and payde, of his goodes and cattelles, landes, and temementes, towardes the sayde Subsedye, and further to be punyshed according to the discressions of the Barons, Iustices and Commissioners, before whom he shalbe conuicted for his offence, and deceite in that behalfe.

And further be it enacted by the aucthoritie aforesayde, that the sayde Commyssyoners in euery Commyssyon, shall ac­cordyng to theyr diuisions, and after they be deuyded, haue full power and aucthoritie by this Acte, to sette, taxe, and sesse euery other Commissioner, ioyned with them in euery suche Commission and diuision, and shall also assesse euery assessour within theyr diuision, for his and theyr goodes, landes, and other the premisses as is abouesayde: by the which sayd Com­mission, the sayde Commissioners shall indifferently set, taxe, and assesse them selues and the saide assessours. And that aswel the summes vpon euery of the sayde Commissioners and asses­sours, so sessed, rated, and taxed, as the summes made and pre­sented by the presenters sworne as is abouesayde, shalbe writ­ten, certified, set, and estreated, and the estreates thereof to be made, with other the inhabitantes of that parties, within the limittes of the same Commission and diuision so to be gathe­red and leuied, in lyke maner as it ought or shoulde haue ben, yf the sayde Commissioners hadde not ben in the sayde Com­mission. And that all parsons of the estate of a Baron or Ba­rons, and euery estate aboue, shalbe charged with theyr free holde, and value as is abouesayde, by the Chauncelour or ke­per of the greate Seale. President of the Counsell, the hyghe Treasourer of Englande for the tyme beyng, and other suche parsons as by the Quenes Maiesties aucthoritie, shalbe na­med and appoynted, and they to be charged for the sayde seue­rall paymentes of the sayde Subsedye, after the fourme of the sayde graunt, accordynge to the taxation aforesayde. And the summes vppon them sette, with the names of the Collec­tours appoynted for the gatherynge and payinge of the same, to be estreated, delyuered and certyfyed at dayes and places a­boue specyfyed, by the Lorde Chauncellor, or keper of the great Seale, and Treasourer, and other such parsons as ther­to shalbe named.

And be it further enacted, by the aucthoritie afore­said, that after the taxes and assesses of the sayd summes, vpon [Page] and by the sayde assessyng and certificat, as is aforesaide made, by the sayde Commyssyoners, or as manye of them as shalbe therevnto appoynted by the Quenes Maiesties Commissyon: shall with all spede, and without delay, by the wrytyng estrea­ted of the sayde taxe thereof, vnder the seales and signes ma­nuell of the sayde Commissioners, or as many of them as shal­be appoynted, at the leaste to be made, shalbe delyuered vnto sufficient and substanciall inhabitauntes, Constables, Sub­constables, Baylyffes, & other officers ioyntly, of Hundredes, Townes, Paryshes, and other places aforesayde, within theyr limittes, or to other sufficient parsons inhabitauntes of the same, onely by the discression of the sayde Commissioners, and as the place and parties shall require, aswell the particuler names and surnames, as the remembraunce of all summes of money taxed and set, of, and vpon euery parson, aswell men as wemen chargeable to this Acte, householder, and all other the inhabitauntes & dwellers within the sayd Paryshes, Townes and places contributory to this Acte of Subsedy. By auctho­ritie of which wrytyng or estreate so delyuered, the sayde offi­cers and other parsons so named and deputed seuerallye, shall haue full power and aucthoritie by vertue of this Acte, imme­diatly after the delyuery of the sayd wrytyng or estreate, to de­maunde, leuie, and gather of euery parson therein specified, the summe and summes in the same wrytyng or estreate com­prysed, and for non payment therof, to distrayne the same par­son or parsons so beyng behynde, by theyr goodes and cattels, and the distresse so taken, to kepe by the space of eyght dayes, at the costes and charges of the owner therof. And if the said ow­ner do not pay such sūme of money as shalbe taxed by auctho­ritie of this Acte, within the same .viii. dayes: then the same distresse to be appreased by foure, three, or two of the inhabi­tauntes where such distresse is taken, and also then to be solde by the sayde Constable, or other Collectours for the payment of the sayde money, and the ouerplus commyng of the sale and kepyng therof (yf any be) to be immediatly restored to the ow­ner of the same distresse. Which sayd officers and other parsons so deputed, to aske, take, gather, and leuie the sayde summes, shall aunswere and be charged for the porcion onely to them assigned and limitted, to be gathered, leuyed, and comprysed in the sayde wrytyng or estreate so to them, as is aforesayd de­lyuered, to the vse of our Soueraigne Lady the Quenes Ma­iestie, and her heyres and successours, and the sayde summe in that wrytynge or estreate comprysed, to paye vnto the [Page] hygh Collectour or Collectours of that place, for the collection of the same, in maner and fourme vnder wrytten, thervnto to be named and deputed. And the same inhabitauntes and officers, so gathering the same particuler sūmes, for theyr collection therof, shall reteyne for euery .xx.s. so by them receaued and payde, two pence, & that to be allowed at the payment of theyr collection by them to be made, to the hygh Collectour or Collectours.

And further, be it enacted by the sayde aucthoritie, that the sayde Commissioners, or the more part of them, as shall take vp­pon them execution and busynes of the sayde Cōmission, shall for eyther of the same paymentes of the sayde Subsedye, name suche sufficient and hable parsons, whiche then shall haue and possede landes and other hereditamentes, in theyr owne ryght, of the yerely value of .xx.li. or goodes to the value of two hundreth markes, at the least. And the parsons seuerally by the discressions of the same Cōmissioners, in Shires, Ridinges, Lathes, Wapen­takes, Rapes, Cities, Townes corporate, or other whatsoeuer places, aswell within places priuileged as without, not beynge foreprised within this Acte, to be hygh Collectours, & haue theyr collection and receipt of the sayd summes set, and leuiable with­in the precincte, limit, and boundes, where they shalbe so limit­ted to gather and receaue. To euery of the which Collectours so seuerally named, the sayde Commissioners, or two of them at the least, shall with all spede, & without delaye, after the sayd whole summe of the sayde Subsedye, be sette by all the limittes of the same their Commission, or in suche limittes as the hygh Collec­tours shalbe so seuerally assigned: shall vnder the seales & signes manuell, delyuer one estreate indented in parchment, to euery of the sayde hygh Collectours, comprysyng in it, the names of all such parsons as were assigned to leuie the sayde particuler sūme and sūmes of euery Hundred, Wapentake, Towne, or other place aforesayde, with the names and surnames of the parsones so chargeable, accordyng to the estreate so first thereof made, as is aforesayde, and delyuered. And the Collectours so to be assigned, shalbe charged to aunswere the whole summe comprised in the sayde estreate, limitted to his collection, as is aforesayde.

Prouided alwayes, and be it enacted by the aucthoritie aforesayde, that the sayde Commissioners hauyng aucthoritie by this Acte, to name and nominate the sayde hyghe Collec­tours of the said Subsedy: shall immediatly vpon the nominati­on and election, take by aucthoritie of this presente Parlia­ment, sufficient Recognisaunces or obligations, without any fee or rewarde to be payde therefore, of euerye parsone [Page] so by them to be named to be hygh Collectour, to be bounden to the Quenes Maiestie in the double sūme of the sūme of his col­lection, and to be endorsed and made vpon such condition, that is to say, for the collection of the said first paiment of the said Sub­sedye, that yf the saide Collectour, his heyres, or executours, do truelye content and paye to the vse of the Quenes Maiestie, her heyres, or executours, in the receipt of the said Exchequer, before the sayde first day of Iune next commyng, so muche of the sayde sūme of money allotted & appoynted to his collection, as he shall collect and gather, and content and pay the residue of his collec­tion and charge, within one moneth nexte after such tyme as he hath gathered & collected the same residue: that then the said Re­cognisaunces or obligation to be voyde, or els to stande in full strength & vertue. And for the collection of the seconde payment of the sayd Subsedy, vpon condition that yf the said Collectour, his heyres, or executours, do truely content and pay to the vse of the Quenes Maiestie, her heyres, or successours, in her receipt of the Exchequer, before the .xx. day of February, whiche shalbe in the yere of our Lorde God .M.D.lxiii. so much of the saide sūme of money allotted and appoynted to his collection, as he shal col­lecte and gather, and content and pay the residue of his collection and charge, within one moneth next after such tyme as he hath gathered and collected the same residue: that then the sayde Re­cognisaunce or obligation to be voyde, or els to stande in full strength and vertue. Which sayd seuerall recognisaunces, or ob­ligations so taken, the sayde Cōmissioners shal seuerally certifie and delyuer the Quenes Maiesties Eschequer, with the se­uerall certificates of the sayde taxations and rates of the pay­mentes of the sayde Subsedye, at, & by the tyme to them prescri­bed and appoynted by this Acte, for the certificat of the sayde se­uerall taxations of the sayd Subsedye, vpon payne of forfaiture of .x.li. to the Quenes Maiestie for euery Recognisaunce or ob­ligation not certified. And that euery such Collectour so elected, named, and chosen, vpon request to hym made, shall knowledge and make the sayde Recognisaunce or obligation, vppon lyke payne and forfeyture of .x.li. to the Quenes Maiestie for the re­fusall therof. And euery Collectour so deputed, hauyng the sayd estreate in parchment, as is aforesayde, shall haue aucthoritie by this Acte, to appoynt dayes and places within the circuite of his collection, for the payment of the sayde Subsedye, to hym to be made, and thereof to geue warnyng by Proclamation or other­wyse, to all the Constables, or other parsons, or inhabitauntes, hauyng the charge of the particuler collection within the Hun­dredes, [Page] Paryshes, Townes, or other places, by hym or them limitted to make payment for theyr saide particuler collection of euery sūme, as to them shall appertayne. And yf at the said day and place so limitted and prefyxed by the sayd Collectour, the sayde Constable, offycers, and other parsons, or inhaby­tauntes, as is aforesayde, for the sayde particuler collection, assigned and appoynted within such Hundred, Citie, Towne, or other place, do not paye vnto the sayde Collectours, the summe within theyr seuerall Hundredes, Townes, Parishes, and other places, due, and comprysed in the sayde estreate ther­of, to them delyuered by the sayde Commissioners, or some of them, as is aforesayde, or so much therof as they haue by any meane receaued .ii. d. of euery pounde, for the sayde particu­ler collection, as is aforesayde, alwayes to be therof alowed, excepted, and abated: that then it shalbe lawefull to the saide hygh Collectours, and euery of them, and to theyr assignes, to distrayne euery of the sayde Constables, officers, and other in­habitauntes, for theyr sayde seuerall and particuler collection of the sayde summes comprysed in the sayde estreate and wry­tyng therof to them and euery of them, as is before expressed, and delyuered, or for as muche of the same summe, as so then shall happen to be gathered and leuyed, and behynde and vn­payde, by the goodes and cattelles of euery of them so beyng behynde. And the distresse so taken, to be kept, appreased, and solde, as is aforesayde, and therof to take and leuye the sūmes so then beyng behynd & vnpayed. And the ouerplus comming of the sale of the sayde distresse (yf any be) to be restored and de­lyuered vnto the owner, in fourme aboue remembred.

Prouided alwayes, that no parson inhabiting in any Citie, Borough, or Towne corporate, shalbe cōpelled to be any Assessour or Collectour, of, or for any part of the sayde Subse­dye, in any place or places out of the sayde Citie, Borough, or Towne corporate where he dwelleth.

And it is also by the sayde aucthoritie enacted, that yf any inhabitaunt, or offycer, or whatsoeuer parson or parsons charged to and for the collection or receipte of any part or par­sell of the sayde Subsedye, by any maner of meanes, according to the tenor of this Acte, or any parson or parsons for them selues, or as keper, gardian, deputie, factour, or atturney, of, or for any other parson or parsons, of any goodes and cattels, of the owner thereof, at the tyme of the sayde assessyng to be made, beyng out of this Realme, or in any other parties not [Page] knowne, or of, and for the goodes and cattelles of any other parson or parsons of any Corporation, Fraternitie, Mystery, or other whatsoeuer Cominaltie, being incorporate, or not in­corporate, and all parsons hauyng in theyr rule, gouernaunce and custodie, any goodes or cattelles, at the tyme of the sayde assessyng, or any of them to be made, or which for any cause, for and by collection, or for him selfe, or for any other, or by reason that he hath the rule, gouernaunce, or custodie of any goodes or cattelles of any other parson or parsons, Corporation, Co­minaltie, Fraternitie, Guylde, or Mystery, or any such other lyke, or as factor, deputie, or atturney, of, or for any parson: shalbe taxed, rated, valued, and set, to any summe or summes, by reason of this Acte, and after the taxation or assessyng vpon any such parson or parsons as shalbe charged with the receipt of the same, happen to dye, or departe from the place where he was so taxed and set, or his goodes or cattelles be so eloyned, or in such priuie and couert maner kepte, as the sayde parson or parsons charged with the same, by estreates or other wry­tynges from the sayde Commissioners, or as many of them as shalbe thervnto appoynted by the sayde Cōmission, as is afore­sayde, can ne may leuye the same summe or summes compry­sed within the same estreates, by distresse, within the limittes of theyr collection, as is aforesayde, or can not sell such distresse or distresses as be taken for any of the sayde paymentes, before the tyme limitted to the hygh Collectour, for his payment to be made in the Quenes Maiesties receipt: then vpon relation thereof, with due examination, by the oth or examination of such parson or parsons as shalbe charged with, and for the re­ceipte and collection of the same before the said Cōmissioners, or as many of them as by the sayde Commyssyon shalbe there­vnto appoynted, where such parson or parsons, or other as is aforesayde, theyr goodes and cattelles, were set and taxed, and vpon playne certificat thereof made in the Quenes Maiesties Exchequer by the same Commissioners, aswel of the dwelling place, names, and summes, of the sayde parsons of whom the sayde summes can not be leuyed and had, as is aforesaide: then aswell the Constables and other inhabitauntes appointed for the sayde particuler collection, agaynst the hygh Collectours, as the high Collectour vpon his accompt and oth in the same Exchequer, to be discharged therof, & proces to be made for the Quenes Maiestie out of the sayd Exchequer, by the discression of the Barons of the said Exchequer, against such parson, his [Page] heyres, or executours, so being behynd with his payment. And ouer that, the same Cōmissioners to whom any such declarati­on of the premisses shalbe made, in fourme aforesayde, frō time to tyme, shall haue full power and aucthoritie, to directe theyr precept or preceptes vnto the sayde parson or parsons charged with any sūme, of, for, and vpon any such parson or parsons, or other as is aforesayde, or to any Sheryffe, Stewarde, Bay­lyffe, or other whatsoeuer offycer, mynyster, parson or parsons of suche place or places where any suche parson or parsons so owyng suche summe or summes, shall haue landes and tene­mentes, or other hereditamentes, or reall possessions, goodes, & cattelles, wherby any such parson or parsons so indebtted, his heires, executours or assignes, or other hauing the custody, gouernaunce, or disposition of any goodes, cattelles, landes or tenementes, or other heredimantes, which ought or may by this Acte lawfully be distrayned or taken for the same, hath & shal haue goodes, cattels, landes, tenementes, or other possessi­ons, wherof such sūme or sūmes which by any such parson or parsons, may, or ought to be leuyed, be it within the limittes of such Commission where suche parson or parsons was and were taxed, or without, in any place within this Realme of Englande, Wales, or other the Quenes Maiesties Domini­ons, Marches, or Territories. By which precept, aswell such parson or parsons as shalbe charged to leuye suche summe of money, as the officers of the place or places where such distresse may be taken: shall haue full power & aucthoritie to distraine euery such parson indebtted, charged, and chargeable by this Acte, or his executours, or administratours, of his goodes and cattelles, his gardians, factours, deputies, lessees, farmours, and assignes, and all other parsons by whose handes, or out of whose landes, any suche parsons shoulde haue rent, fee, an­nuitie, or other profyte, or whiche at the tyme of the sayde as­sessynges, shall haue goodes or cattelles, or any other thyng moueable, of any such parson or parsons beyng indebtted, or owing such summe. And the distresse so taken, cause to be kept, appreased, and solde, in lyke maner and fourme, as is afore­sayde for the distresse to be taken, vpon such parsons to be tax­ed to the sayde Subsedye, and beyng sufficient to distrayne within the limittes of the Collectours, Inhabitauntes, or other offycers, charged with, or for the same summe so vppon them to be taxed. And yf any such distresse for non payment, happen to be taken, out of the limit of the saide parsons, char­ged [Page] and assigned to leuie the same: the parsons so charged for the leuie of any such summe by distresse, shal parceiue and take of the same distresse, for the laboure of euery parson goyng for the execution therof, for euery myle that any such parson so laboureth for the same .ii.d. And euery fermour, tenaunt, gardian, factour, or other whatsoeuer parson, beyng distray­ned, or otherwyse charged for payment of any such summe or summes, or any other summe by reason of this Acte, shalbe of such sūme or summes of hym or them so leuied and taken, dis­charged and acquited at his next day of payment of the same, or at the delyuery of such goodes and cattelles, as he that is so distrayned, had in his custodye and gouernaunce, agaynst him or them that shalbe so taxed and set: any graunt, or wrytyng obligatorie, or other whatsoeuer matter to the contrary made heretofore, notwithstandyng. And yf any suche parson that shoulde be so distrayned, haue no landes or tenements suffici­ent, wherby he or his tenauntes and fermours may be distray­ned, or haue alyened or hyd his goodes and cattelles, whereby he shoulde or myght be distrayned, in suche maner that suche goodes and cattelles shall not be knowen or found, so that the summe, of, or by hym to be payde in the sayde fourme, shall ne can be conueniently leuied: then vpon relation thereof to the Commissioners, or to as many of them as by the sayde Com­mission shalbe thervnto appoynted, where such parson or par­sons was taxed and set, by the othes of hym or them that shal­be charged with the leuie and payment of that sūme or sūmes, the same Commissioners shall make a precepte, in such maner as is aforesaid, for to attache, take, and arrest the body of such parson or parsons that ought to pay the sayd summes, and by this Acte shalbe charged with and for the saide sūme or sūmes: and them so taken, safely to kepe in pryson, within the shyre or other place where any such parson or parsons shalbe taken and attached, there to remayne without bayle or mainpryse, vntyll he hath payde the same sūme or summes that such par­son for hym selfe, or for any other, by this Acte shalbe charge­able, or ought to be charged withall. And also for the fees of euery such arrest, to him or them that shal execute such precept xx.d. And that euery officer vnto whom suche precepte shalbe directed, do his true diligence, and execute the same vpon eue­rye parson so beyng indebtted, vppon payne to forfeyte to the Quenes Maiestie for euery defaulte in that behalfe twenty shyllynges. And that no keper of any Gaole, from his Gaole [Page] suffer any suche parson to go at large by lettyng to bayle, or otherwyse to departe out of his pryson, before he haue payde his sayde debte, and the sayde .xx.d. for the sayde arrest, vpon payne to forfeyte to the Quenes Maiestie fortye shyllynges, and the same Gaoler to paye vnto the Quenes Maiestie the double value, aswell of the rate which the sayde parson so im­prisoned was taxed, as of the sayde .xx.d. for the fees. And lyke proces and remedye, in lyke maner and fourme, shalbe graunted by the sayde Commissioners, or as many of them as by the sayde Commission shalbe therevnto appoynted, at lyke infirmation of euery parson or parsons beyng charged with any summe of money, for any other parson or parsons by rea­son of the sayde Subsedye, and not therof payde, but wylfully withdrawen, ne the same leuyable within the limittes where suche parsons were therevnto taxed. And yf the summe or summes beyng behynd vnpayde, by any parson or parsons, as is aforesayde, be leuyed and gathered by force of the sayde pro­ces to be made by the sayde Commissioners, or yf indefaulte, or for lacke of payment therof, the parson or parsons so owyng the sayde summe or summes of money, by proces of the same Commissioners to be made as is aforesayde, be committed to pryson in fourme abouesayde: that then the sayde Commissio­ners which shal awarde such proces, shall make certificat ther­of in the sayde Exchequer, of that shalbe done in the premisses, in the Terme next folowyng, after such summe or summes of money so beyng behynde, shalbe leuyed and gathered, or such parson or parsons for non payment of the same committed to pryson. And yf it happen any of the sayde Collectours to be assigned, or any Maiors, Sheryffes, Stewardes, Constables, the Nedborow, Borsholder, Bailiffe, or any other officer or mi­nister, or other whatsoeuer parson or parsons, to disobeye the sayd Cōmissyoners or any of them, in the reasonable request to them made by the sayde Commissioners, for the execution of the sayd Commission, or yf any of the officers or other parsons do refuse that to them shall appertayne and belong to do, by reason of any precepte to hym or them to be directed, or anye reasonable commaundement, instaunce, or request, touchyng the premysses, or other default, in any appearaunce, or collec­tion to make, or yf any parson beyng suspecte, or not to be in­differentlye taxed, as is aforesayde, do refuse to be examined, accordyng to the tenor of this Acte, before the sayde Commissi­oners, or as many of them as shalbe therevnto assigned, as is [Page] aforesayde, or wyll not appeare before the same Commyssyo­ners vpon warnyng to hym made, or els make resistaunce or rescous, vpon any distresse vpon hym to be taken, for any par­cell of the sayde Subsedye, or committe any misbehauiour in any maner of wyse contrarye to this Acte, or committe any wylfull omyssion, or other whatsoeuer wylfull not doyng or misdoyng, contrary to the tenor of this Acte or graunt: the same Cōmissioners and euery number of them aboue remem­bred, or two of them at the least, vpon probable knowledge of any such misdemeanours, had by information or examinati­on, shall and maye sette vpon euery suche offendour for euery such offence, in name of a fyne by the same offendour to be for­feyted, fortye shyllynges, or vnder, by the discressyon of the same Commissioners. And further, the same Commissioners and euery number of them, or two of them at the leaste, shall haue aucthoritie by this present Acte, to punyshe euery suche offendour by inprysonment, there to remayne, and to be dely­uered by theyr discression, as shall seme to them conuenient, the sayde fynes, yf any suche be, to be certified by the sayde Commyssyoners that so assessed the same, into the Quenes Maiesties said Exchequer, there to be leuyed and payde by the Collectours of that parties for the said Subsedy, returned in­to the sayde Exchequer, to be therwith charged with the pay­ment of the sayde Subsedye, in such maner as the sayde fines had ben sette and taxed vpon the sayde offenders, for the sayde Subsedye.

It is also enacted by the sayde aucthoritie of this present Parliament, that euery of the sayde hygh Collectours, which shall accompte for any part of the sayde Subsedye in the sayde Exchequer, vpon theyr seuerall sayde accomptes to be yelded, shalbe alowed at euery of the sayde paymentes of the sayde Subsedye, for euery pounde limitted to his collection, wherof any such Collectour shalbe charged, and yelde accopmte .vi.d. as parcell of their charge, that is to saye, of euery pound ther­of, for such parson as then haue hadde the particuler collecti­on in the Townes and other places as is aforesayde, specified in his collection .ii.d. and other .ii.d. of euery pounde thereof euery of the sayde chiefe Collectours or theyr accomptauntes to reteyne to theyr owne vse, for theyr labour and charge, in and about the premisses, and .ii.d. of euery pounde residue to be delyuered, alowed, and payde, by the sayde Collectours so beyng thereof alowed, to suche of the Commissioners as shall [Page] take vppon them the busynesse and labour, for, and about the premisses, that is to saye, euery Collectour to paye that Com­missioner or Commissioners whiche hadde the orderyng of the wrytnges, of, and for the sayde Subsedye, where the sayde Collectour or Collectours had theyr collection, for the expen­ces of the sayde Commissioners so takyng vpon them the saide busynes and labour of theyr Clarkes writing of the preceptes and extractes for the sayde collections, the same laste .ii.d. of euery pounde to be deuyded amongst the sayd Commissioners, hauyng regarde to theyr labour and busynes, taken by them or theyr sayde Clarkes, in, and about the premisses. For the which part so to the sayde Commissioners attaynyng, the said Commissioners .vi.v.iiii.iii. or as manye of them as shalbe therevnto appoynted by the Quenes Maiesties Commission, and euery of them, ioyntly & seuerally, for his and theyr saide parte, maye haue his remedy agaynste the sayde Collectour or Collectours, which therof ben and myght haue ben allowed by action of debt, in whiche the defendaunt shall not wage his lawe, neyther protection, neyther Iniunction, or other Es­soygne shalbe alowed. And that no parson, nowe beyng of the number of the companye of this present Parliament, nor any Commissioner, shalbe named or assigned to be anye Collec­tour or Subcollectour, or presentour of the sayde Subsedye, or of any part therof, nor no Commyssyoners shalbe compelled to make anye presentemente or certificate, other then in the Quenes Maiesties sayde Exchequer, of, for, or concernynge the sayde Subsedye, or any part therof. And lykewyse that no other parson that shalbe named or assigned to be Commissio­ners in any place, to, and for thexecution of this Acte of Sub­sedye, be, or shalbe assigned or named head Collectours of any of the paymentes of the sayde Subsedye, neyther of any parte therof. And that euery such parson or parsons whiche shalbe named and appoynted as is aforesayde, to be head Collectours in, and for the fyrste payment of this Subsedye, shall not be compelled to be Collectour for the second payment of the saide Subsedye, or for any parte therof. And the sayde Collectours which shalbe assigned for the collection of the saide Subsedye, or for any parte thereof, and euery of them, be, and shalbe ac­quited and discharged of all maner fees, rewardes, and of eue­ry other charges in the Quenes Maiesties Exchequer, or els where, of them or of any of them, by reason of that collection, payment, or accomptes, or any thyng concernyng the same to be asked. And that if any parson receaue or take any fees, re­wardes, [Page] or pleasures of any such accomptaunt: that then he shall forfeyte to the Quenes Maistie, for euery peny or value of euery penye so taken .v.s. and suffer imprisonment at the Quenes Maiesties pleasure. And after the taxyng and asses­syng of the sayde Subsedye (as is aforesayde) had or made, and the sayde extractes therof in parchment, vnto the Collectour, in maner and fourme before rehearsed, deliuered: the said Cō ­missioners whiche shall take vpon them thexecutions of this Acte, within the limittes of theyr Commission by theyr agre­mentes, shall haue metyng together, at which metyng, euery of the saide Commissioners which then shall haue taken vpon them thexecution of any part of the sayde Cōmission, shall by hym selfe, or by his sufficient deputie, truely certifie and bring forth vnto the saide Cōmyssyoners named in the sayde Cōmis­sion, the certificat and presentment, made before him and such other Cōmissioners as were limitted with hym in one limitte, so that the same certificat may be accompted and cast with the other certificates of the other limittes within the same Com­mission, & then the said Cōmissioners & euery number of them, vnto two at the least, as is aforesaide, yf any be in lyfe, or theyr executours, or administratours of their goodes yf they then be dead, shall ioyntly and seuerally, as they were deuided within their limittes, vnder theyr seales, by theyr discressiō, make one or seuerall wyrtynges indented, conteynyng in it aswell the names of the said Collectours, by the Commissioners for such collection & accomptes in the Exchequer, and payment in the sayde receipte, deputed and assigned, as the grosse and seuerall sūmes wrytten vnto euery such Collectour to receaue the saide Subsedye. And also all fines, amerciamentes, & other forfey­tures, if any such by reasō of this Act happen to be within the precinct and limitte of their Cōmission, to be certified into the Quenes Maiesties saide Exchequer by the said Cōmissioners. In which writing or writinges indented so to be certified, shal be plainely declared and expressed the whole & entier sūme or sūmes of the sayd Subsedy, seuerally limitted to the collection of the sayd Collectours, seuerally deputed & assigned to the col­lection of the sayde sūmes, so that none of the said Collectours so certified in the said Exchequer, shalbe compelled there to ac­compt, or to be charged, but onlye to and for the summe limit­ted to his collection, and not to or for any sūme limitted to the collection of his felowe, but that euery of them shalbe seue­rally charged for theyr part, limitted to theyr collection. And if the saide Cōmissioners ioyned in one Cōmission, among them [Page] selues in that matter can not agree, or yf anye of them be not redy, or refuse to make certificat with other of the same Com­missioners: that then the same Cōmissioners may make seue­ral Indentures in fourme aforesaid, of theyr seueral limittes, or seperations of Collectours within the limittes of their Cō ­mission, vpō & in the Hundredes, Wardes, Wapētakes, Lathes, Rapes, or such other lyke diuisions within theyr sayde seueral limittes of their Cōmission, as the places there shall require to be seuered & deuided, and as to the same Commissioners shall seme good, to make diuisions of their limittes or collections, for the seueral charges of the same Collectours, so that alway one Collectour shalbe charged & accompt for his part to him to be limitted, only by him selfe, and not for any sūme limitted to the part of any of his felowes, and the charges of euery of the Collectours to be set and certified seuerallye vpon them, and euery such Collectour, vpon his accompt and payment of the sūme of money limitted within his collection, to be seuerally by hym selfe acquited and discharged in the sayde Exchequer, without paying any maner fees or rewardes to any parson or parsons for the same, vpon the payne and penaltie last aboue­sayde, and not to be charged for any porcion of any other Col­lectour. And yf any Com̄issioner, after he hath taken certifi­cat of them, that as is aforesayde, shall before any suche Com­myssyoner be examined, and the summes rated and set, and the bookes and wrytynges thereof beyng in his handes, or yf any Collectour or other parson, charged with any receipte of any parte of the sayde Subsedye, or anye other parson taxed, or o­therwyse by this Acte charged with and for any parcell of the sayde Subsedye, or with any other summes, or fine, amercia­ment, penaltie, or other forfeyture, happen to dye, before the Commyssyoner, Collectour, or other whatsoeuer parson or parsons haue executed, accomplyshed, satisfied, or sufficient­lye discharged that whiche to euerye suche parson shall apper­teyne or belong to do, accordynge to this Acte: then the exe­cutours and heyres of euery suche parson, and all other seased of anye landes or tenementes, that any suche parson beyng charged by this Acte, and deceassyng before he be discharged thereof, or anye other to his vse onlye hadde, of estate of en­heritaunce, at the time that any such parson was named Cō ­missioner, Collectour, or otherwyse charged with and for any maner of thynge to be done, satisfied, or payde, by reason of this Acte. And all those that haue in theyr possessyons or handes, any goodes, cattelles, leasses, or other thynges, that [Page] to any such parson or parsōs at the tyme of his death, or any landes, or tenementes, that were the same parsons, at the tyme he was (as is aforesayde) charged by this Acte, shalbe by the same, compelled and charged to do, and accomplyshe to do in euery case as the same parson so beyng charged should haue done, and myght haue ben compelled to do, yf he hadde ben in playne lyfe, after suche rate, of the landes and goodes of the sayde Commissioner or Collectour, as the partie shall haue in his hande. And yf the sayde Commissioners, for causes reaso­nable them mouyng, shall thynke it not conuenient to ioyne in one certificat, as is aforesadye: then the sayde parson or parsons that shall fyrste ioyne together, or he that shall fyrste certifie the sayde wrytyng indented, as is aforesayde, shall cer­tifie all the names of the Commissioners of that Commission, wherevpon suche wrytynges shalbe there then to be certified, with diuision of the Hundredes, Wapentakes, Wardes, Ty­thynges, or other places, to, and among such Commissioners of the same Commyssyon, with the names of the same Com­missioners where such seperations and diuisions shalbe, with the grosse summes of money, aswell of and for the sayde Sub­sedye, taxed or set, of, or within the sayde Hundredes, Wardes, Wapentakes, or other places to hym or them deuided or assig­ned, that shall so certifie the sayde fyrste wrytyng, as of fines, amerciamentes, penalties, or other forfeysures, yf any happen to be within the same limittes whereof the same wrytynges shalbe certified, and after such wrytyng indented, which, as is aforesayde, shalbe certified, and not conteyne in it the whole and full summes set and taxed within the limittes of the same Commission, the other Commissioners of the same, before the day of payment of the sayde Subsedye, shall certifie into the sayde Exchequer, by theyr wrytyng or wrytynges indented, to be made as is aforesayde, the grosse and seuerall summes, set and taxed within the places to them lymytted for the sayde Subsedye, and other fines, amerciamentes, penalties, and forfeytures, with the names of the Hundredes, Wardes, Wa­pentakes, and other places to them assigned, or els by theyr sayde wrytynges indented, to certifie at the same place, before the sayde day of payment, such reasonable causes for theyr ex­cuses, why they may not make such certificat, of, and for the sayde Subsedye, fynes, amerciamentes, and other forfeitures growyng or sette by reason of the causes of theyr lettes, or of their non certifying, as is aforesayde, or els in default therof, proces to be made out of the Quenes Maiesties sayde Exche­quer, [Page] agaynst the saide Commissioners and euery of them, not makyng certificate, as is aforesayde, by the discression of the Treasourer or Barons of the sayde Exchequer.

Prouyded alwayes, and be it enacted by the auctho­ritie aforesayde, that the Inhabitauntes of the Paryshe of Saint Martin, called Stampforde Baron, in the Suburbes of the Borowe and Towne of Stampforde, in the South part of the water there, called Wellande, whiche hereafter shalbe contributory to the payment of this present Subsedie, graun­ted to the Quenes Maiestie, her heyres and successours, shalbe assessed, rated, and taxed for this time by suche Commissioners which shalbe appointed for the taxing, rating, & sessing of such Subsedie or Taxe within the Countie of Lincolne, and shalbe for this tyme contributory and pay the sayde Subsedye to the Collectour or Collectours which shalbe assigned & appoynted for the leuying and gatheryng of the same, with the Aldermen & Burgesses of the sayde Borowe and Towne of Stampford.

Prouided alwayes, and be it further enacted by the auc­thoritie aforesayde, that all and euery parson and parsons ha­uyng manours, landes, tenementes, and other hereditamen­tes, chargeable to the payment of the Subsedye graunted to the Quenes Maiestie by this Acte, and also hauyng spiritual possessions chargeable to her sayd Maiestie by the graūt made by the Clergye of this Realme in their Conuocation, and ouer this, hauyng subtaunce in goodes and cattelles chargeable by this saide Acte: that then yf any of the sayde parson or par­sons be hereafter charged, assessed, and taxed, for the sayde manours, landes, and tenementes, and spirituall possessi­ons, and also assessed, charged, and taxed for his or theyr goodes and cattelles: that then he or they shalbe onely char­ged by vertue of this Acte for his and their sayde manours, landes, tenementes, hereditamentes, and spirituall possessi­ons, or onlye for his sayde goodes and cattelles, the best ther­of to be taken for the Quenes Maiestie, and not to be charged for both, or double charged for any of them: Any thynge in this Acte conteyned to the contrary, in any wise notwithstan­dyng.

Prouyded alwayes, that this graunt of Subsedye nor anye thynge therein conteyned, in any wyse extende to charge the Inhabytauntes or dwellers in Irelande, Ierne­sey, and Garnesey, or anye of them, of, or concernyng any manours, landes, tenementes, or other possessions, goodes, [Page] cattelles, or other moueable substaunce, which the sayde inha­bytauntes, or dwellers, or any other to theyr vse haue within Irelande, Iernesey, and Garnesey, or in any of them, or of, for, or concernyng any fees, or wages, which any of the sayde inhabitauntes or dwellers, haue of the Quenes Maiestie, for theyr attendaunce, and doyng seruyce to our Soueraigne La­dye in Irelande, Iernesey, and Garnesey, or in any of them: any thyng in this present Acte to the contrarye, in any wyse notwithstandyng.

Prouyded also, that this present Acte of Subsedy, ne any thyng therein conteyned, extende to any of the Englyshe inhabitantes or resiantes in any of the counties of Northum­berlande, Cumberlande, Westmerlande, the Towne or Bar­wycke, the Towne of Newcastell vpon Tine, & the Bishopricke of Durham▪ nor to any of them, of, for, or concernyng any manours, landes, tenementes, or other possessions, goodes, cattelles, or other moueable substaunce, which the same inha­bitantes or dwellers, or any other to their vse, haue within the sayde counties of Northumberlande, Cumberlande, Westmer­lande, or the Towne of Barwycke, the Towne of Newcastell vpon Tine, or the Byshoprycke of Durham, or any of them, or of, for, or concernyng any fees or wages, whiche any of the sayde inhabitauntes or dwellers haue of the Quenes Maie­stie, for theyr attendaunce and doyng seruyce to the Quenes for, or within the sayde Counties of Northumber­lande, Cumberlande, Westmerlande, the Towne of Barwicke, the Towne of Newecastell vpon Tine, and the Byshoprycke of Durham, or any of them, to, or for the sayde taxyng, leuy­ing, gatheryng, or payment: but that the Englyshe inhaby­tauntes and resyauntes, and euery of them, of the sayd Coun­ties, Byshoprycke, and Townes, and euery of them, shalbe of, and from the sayde Subsedye, and euery parcell therof, and for theyr manours, landes, tenementes, fees, wages, goodes, and cattelles, lying and beyng in the sayde Counties, Townes, and Byshoprycke, or any of them, vtterly acquited and dischar­ged: any thyng in this present Act before rehearsed to the con­trary, notwithstandyng.

Prouyded also, that all letters patentes graunted by the Quenes Maiestie, or any of her most noble progenitours, to any Cities, Boroughes, or Townes within this Realme, of any maner of liberties, priuileges, or exemptions, frō the bur­den & charge of any such graūtes of Subsedy, which be at this [Page] present time in force & vayleable, shall remayne good and effec­tuall, to the sayde Cities, Boroughes, and Townes hereafter, accordyng to the purportes therof, though the inhabitauntes of the same, shall vpon the great and wayghtie consideration of the graunt abouesayde, be for this graunt charged and con­tributory, in lyke maner, fourme, and sorte, as other Cities Boroughes, and Townes, whiche be not in any wyse pryuy­leged, be from suche graunt of Subsedye excepted.

Prouyded alwayes, and be it enacted by thauctho­ritie aforesayde, that no Orphan, or Infant within the age of xxi. yeres, borne within any of the Quenes Maiesties domi­nions, shalbe charged to any payment of this Subsedy, for his or her goodes and cattels, to hym or her left or bequeathed: any thing in this Act conteyned to the contrary notwithstanding.

Prouyded also, that this Acte nor any thyng therein conteyned, shall not extende to the goodes or landes of anye Colledge, Hall, or Hostell, within the Vniuersities of Oxforde and Cambridge, or any of them, or to the goodes or landes of the Colledge of Wynton, founded by Byshop Wykeham, or to the goodes or landes of the Colledges of Wyndsor, and Eaton next Wyndsor, or to the goodes or landes of any common free Grammer Scole within the Realme of Engalnde or Wales, or to the goodes of any Reader, Scolemaister, or Scoler, or any graduate resyant or remayning for studie, without fraude or couin, within any of the sayde Vniuersities and Colleges, or Townes of Cambridge and Oxforde, or Suburbes of the same, or any of them, or to any theyr seruauntes dayly atten­daunt vpon any of them, nor to the goodes of any officer, mi­nister, almesman, or seruauntes belongyng to any of the said Vniuersities, Colledges, Halles, or Hostelles, and dwellynge and resyaunt within the sayd Vniuersities, or eyther of them, or within eyther of the sayde Townes of Cambridge and Ox­forde, and Suburbes of the same, without fraude or couyn. Nor to the goodes and landes of any Hospytall, Measondue, or Spittell house, prepared and vsed for the sustentation and reliefe of poore people: any thynge in this Acte conteyned to the contrary in any wyse notwithstandyng.

Prouyded also, that the sayde graunt of Subsedye, or any thyng therin conteyned, do not in any wyse extende, or be preiudiciall or hurtefull to the inhabitauntes or resyauntes at this presente tyme within the fyue Portes corporate, or to anye of theyr members incorporate or vnited to the same fyue [Page] Portes, or to any of the same fyue Portes, of, or for any part or parcell of the sayde summes graunted in this Parliament, of the sayde inhabitauntes nowe resyaunt, or any of them, to be taxed, set, asked, leuyed or payde. But the sayde inhaby­tauntes and resyauntes in the sayde fyue Portes, and theyr members, be, and shalbe, of, and from the sayde graunt and paymente of the sayde Subsedye, durynge theyr resyauncye there, and no longer, clerely acquyted & discharged: any mat­ter, or whatsoeuer thyng in this Acte, had or made to the con­trary, notwithstandyng.

Prouyded also, and be it enacted, that forasmuche as diuers and sundry the Quenes Maiesties tenaūtes, and other inhabitantes and dwellers within the counties of Penbroke, Carmarthen, Cardygan, Brecknocke, Glamorgan, Radnour, Mongomery, Denbygh, Flynt, Merioneth, Anglesey, Car­naruan, & of the Countie palentine of Chester, be at this pre­sent tyme charged and chargeable, aswell with the seuerall paymentes of diuers great summes of money, by the name of Myse due to her Maiestie, accordyng to the seuerall customes of the sayde Counties: as also with the paymentes of dyuers seuerall Subsedyes, lately graunted to our late soueraigne Lorde and Lady, kyng Phylyp and Quene Mary, and to the Quenes hyghnesse that nowe is, and yet vnpayde.

Be it therefore ordeyned and enacted by the auctho­ritie aforesayde, that this Acte of Subsedy, or any thyng ther­in conteyned, shall not extnde to charge any of the Quenes tenauntes, & other inhabitantes and dwellers within any of the sayde Counties of Penbroke, Carmarthen, Cardygan, Glamorgan, Brecknocke, Radnour, Mongomery, Denbygh, Flynt, Merioneth, Anglesey, Carnaruan, and the Countie palentine of Chester, beyng charged or chargeable with the sayde Myse, or seuerall Subsedyes, for, or in anye of the pay­mentes of the sayde Subsedye, graunted to the Quenes Ma­iestie by this Acte, vntyll the sayde seuerall dayes and tymes for the paymente of the sayde Myses shalbe expyred, and vn­tyll the dayes and tymes aswell of the sayde seuerall Subse­dyes lately graunted to our sayde late Soueraigne Lorde and Soueraigne Lady, Kyng Phylyp and Quene Mary, as also of the sayde Subsedye heretofore graunted to the Quenes Maiestie that nowe is, be also past and expyred. And that then the fyrst payment of the sayde Subsedye graunted by this pre­sent Act, shalbe made at the receipte of the Quenes Exchequer [Page] before the first day of Iune, next folowyng after the last dayes of the last payment to be had or appoynted of the saide Myses, and of the payment of the sayde former Subsedyes. And the seconde payment of this Subsedye, to be made by or before the xx. day of February, next after the sayde payment of the sayde Subsedye.

Furthermore, be it enacted by the aucthoritie afore­sayde, that the tenauntes and dwellers of euery of the sayde Counties in this prouiso remembred, shall seuerallye before the feaste of Penthecost nexte ensuyng, certifie into the sayde court of Exchequer, vnder the seales of two Iustices of peax, of euery of the sayde Counties, wherof one to be of the Quo­rum, when and what day the laste payment of the sayde seue­rall Myses nowe due in any of the sayde Counties, shall ende and expyre.

Prouyded also, that the sayde graunt of Subsedye, and two Fyftenes and Tenthes, do not in any maner of wyse extende or be preiudiciall or hurtefull to the inhabitauntes or resyauntes at this present tyme within the liberties of Rom­ney Marshe, of, or for any part of the sayde summes graunted in this present Parliament, of the sayde inhabitauntes nowe resyauntes, or any of them, to be taxed, sette, asked, leuyed, or payde. But that the sayde inhabitauntes, & nowe resiauntes of Romney Marshe aforesayde, and euery of them, be, and shalbe of, and from the saide graunt and payment of the sayde Subsedye and Fyftenes and Tenthes, duryng theyr resyaun­cie there, and not longer, acquyted and discharged: Any mat­ter or whatsoeuer thyng in this presente Acte made, or had to the contrary, notwithstandyng.

God saue the Quene.

¶ Imprynted at London in Powles Churchyarde by Richarde Iugge and Iohn Cawood, Printers to the Quenes Maiestie.

Cum priuilegio Regiae Maiestatis.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.