page IV,810

1

CHAPTER XII.

2
3

AN ACTE TO AVOYDE HORSE STEALINGE.

4
5    Wheras through most Counties of this Realme Horstealinge is growen so co~mon, as neither in Pastures or
6Closes nor hardlie in Stables the same are to be in safety from stealinge, whiche ensueth by the redye buyinge
7of the same, by Horscorsers and others in some open Fayres or Markett~ farr distant from the Owner, and withe
8suche speede as the Owner cannot by pursuyte possiblie helpe the same; And sondrie good Ordinaunc~ have
9heretofore bene made touchinge the manner of sellinge and tolinge of Horses Mares Gilding~ and Coult~ in Fayres
10and Markett~, whiche have not wrought soe good effecte for the repressinge or avoydinge of Horsestealinge as was
11expected: Nowe, for a further Remedy in that Behalfe, Be it enacted by the Authoritie of this p~sent Parliament,
12That noe p~son after Twentie Dayes next after thende of this Session of Parliament, shall in any Fayre or Markett
13sell gyve exchange or put awaye anye Horse Mare Geldinge Coulte or Fillie, unlesse the Tole taker there, or (where
14noe Tole ys payde) the Booke keeper Baylif or Cheef Officer of the same Fayre or Markett, shall and will take upon
15him p~fecte knowledge of the p~son that soe shall sell or offer to sell give or exchange any Horse Mare Geldinge
16Coulte or Fillie, and of his true Xp~en Name Surname and place of Dwellinge or Resyancye, and shall enter all the
17same his knowledge into a Booke there kept for Sale of Horses; or els that he soe sellinge or offeringe to sell give
18exchange or put awaye anye Horse Mare Gildinge Coulte or Fillie, shall bringe unto the Toltaker or other Officer
19aforesaide of the same Fayre or Markett, one sufficient and credible p~son that can shall or will testifye and declare
20unto and before suche Toltaker Booke keeper or other Officer, that he knowethe the partie that soe sellethe givethe
21exchaungeth or puttethe awaye suche Horse Mare Gildinge Coulte or Fillie, and his true Name Surname Mysterie
22and Dwellinge Place; And there enter or cause to be entered in the Booke of the saide Toltaker or Officer aswell
23the true Xp~en Name and Surname Mysterie and Place of Dwellinge or Resyancye, of him that soe selleth giveth
24exchangeth or putteth awaye suche Horse Mare Gildinge Coulte or Fillie, as of him that so shall testifye or avouche
25his kowledge of the same p~son, and shall also cause to be entred the verie true price or value that he shall have
26for the same Horse Mare Gildinge Coulte or Fillie so soulde; And that noe p~son shall take upon him to avouche
27testifye or declare that he knoweth the Partie, that so shall offer to sell give exchange or put awaye any suche
28Horse Mare Gildinge Coulte or Fillie, unlesse he doe indeede trulie knowe the same Partie, and shall trulie declare
29to the Toltaker or other Officer aforesaide aswell the Xp~en Name Surname Mysterie and Place of Dwellinge and
30Resiancy of himselfe, as of him of and for whome he makethe suche Testimonye and Avouchement; And that noe
31Toltaker or other p~son kepinge anye Booke of Entrie of Sales of Horses in Fayres or Markett~, shall take or receve
32any Tole, or make Entrie of any Sale Gifte Exchange or puttinge awaye of any Horse Mare Gildinge Coulte or Fillie,
33unlesse he knoweth the Partie that soe selleth giveth exchangeth or putteth awaye any suche Horse Mare Gildinge
34Coulte or Fillie, and his true Xp~en Name Surname Misterie and Place of his Dwellinge or Resiancye, or the Partie
35that shall and will testifye and avouche his knowledge of the same p~son so sellinge givinge exchanginge or puttinge
36away suche Horse Mare Gildinge Coulte or Fillie, and his true Xp~en Name Surname Mysterie and Place of Dwellinge
37or Resiancy, and shall make a p~fecte Entrie into the saide Booke of suche his knowledge of the p~son, and of the
38Name Surname Mysterie and Place of the Dwellinge or Resiancy of the same p~son, and also true price or value
39that shalbe bona fide taken or had for anye suche Horse Mare Gildinge Coulte or Fillie, so soulde given exchaunged
40or put awaye so farr as he canne understande the same; and then give to the Partie, so buyinge or takinge by Guyfte
41Exchaunge or otherwise suche Horse Mare Gildinge Coulte or Fillie, requiringe and payinge Two Pence for the same,
42a true and p~fecte Note in Writinge of all the full Content~ of the same subscribed withe his Hande: on payne that
43everie p~son that soe shall sell give exchange or put awaye anye Horse Mare Gildinge Coulte or Fillie, without beinge
44knowen to the Tol taker or other Officer aforesaide, or without bringinge suche a Voucher or Witnes, causinge the
45same to be entred as aforesaide, and everie p~son makinge anye untrue Testymonye or Avouchement in the Behalfe
46aforesaide, and everie Tol taker Booke keeper or other Officer of Fayre or Markett aforesaide, offendinge in the
47p~misses contrarie to the true meanynge aforesaide, shall forfeyte for everie suche Defaulte the so~me of Fyve Pound~;
48but also that everie Sale Guyfte Exchange or other puttinge awaye of any Horse Mare Gildinge Coulte or Fillie, in
49Fayre or Market not used in all poynt~ accordinge to the true meaninge aforesaide, shalbe voyde; Thone halfe of all
50whiche Forfeytures to be to the Quenes Majestie her Heires and Successors, and thother halfe to him or them that will
51sue for the same before the Justic~ of Peace, or in anye her Majesties ordinarie Court~ of Recorde by Bill Playnte
52Acc~on of Debte or Informac~on, in whiche noe Essoyne or P~tecc~on shalbe allowed.

page IV,811

53    And be it further enacted, That the Justic~ of Peace of everie Place and Countie, aswell within Liberties
54as without, shall have Authoritie in their Sessions, within the Lymitt~ of their Authoritie and Co~mission,
55to enquire here and determyne all Offences againste this Statute, as they maye doe any other Matter triable
56before them.
57
58    And be it further Inacted, That if anye Horse Mare Geldinge Coulte or Fillie, after Twentie Dayes next ensuynge
59thende of this Session of Parliament, shalbe stolen, and after shalbe soulde in open Fayre or Markett, and the same
60Sale shalbe used in all Poynt~ and Circumstaunc~ as aforesaide, that yet nevertheles the Sale of any suche Horse
61Mare Geldinge Coulte or Fillie, within Sixe Monethes next after the Fellonye done, shall not take awaye the P~pertie
62of the Owner from whom the same was stolen, so as clayme be made within Sixe Monethes, by the Partie from
63whom the same was stolen, or by his Executors or Admynistrators, or by any other by anye of their Appoyntment,
64at or in the Towne or Parishe where the same Horse Mare Gelding Coulte or Fillie shalbe founde, before the Maior
65or other Hedd Officer of the same Towne or P~ishe, yf the same Horse Mare Geldinge Coulte or Fillie shall happen to
66be founde in any Towne Corporate or Markett Towne, or else before any Justice of Peace of that Countie nere to the
67Place where suche Horse Mare Geldinge Coulte or Fillie shalbe founde, yf it be out of Towne Corporat or Markett
68Towne, and so as proofe be made within Fortye dayes then nexte ensuynge, by twoe sufficient Witnesses to be p~duced
69and deposed before suche Head Officer or Justice, who by virtue of this Acte shall have Authoritie to mynister an
70Othe in that Behalfe, that the P~pertie of the same Horse Mare Geldinge Coulte or Fillie so claymed was in the
71Partie by or for whome suche Clayme ys made, and was stollen from him within Sixe Monethes next before suche
72Clayme of any suche Horse Geldinge Mare Coulte or Fillie; but that the Partie, from whom the saide Horse Mare
73Geldinge Coulte or Fillie was stolen, his Executors or Admynystrators, shall and maye at all Tymes after,
74notwithstandinge any suche Sale or Sales in anye Fayre or open Markett thereof made, have P~pertie and Power
75to have take agayne and enjoye the saide Horse Mare Geldinge Coulte or Fillie, upon payment, or readynes or
76offer to paye, to the Partie that shall have the Possession and Interest of the same Horse Mare Geldinge Coulte
77or Fillie, yf he will receyve and accepte it, so muche Money as the same Partie shall depose and swere before
78suche Head Officer or Justice of Peace, whoe by vertue of this Acte shall have Authoritie to mynister and gyve an
79Othe in that behaulfe, that he paide for the same bona fide , without Fraude or Collusion; Any Lawe Statute or
80other Thinge to the contrarie thereof in any wise notwithstandinge.
81
82    And be it further enacted by the Authoritie aforesaid, That after Twentie daies after thende of this Session of
83Parliament, not onelie all Accessaries before such Fellonye done, but also all Accessaries after suche Fellonye, shalbe
84deprived and put from all Benefytt of their Cleargie, as the Principall by Statute heretofore made is or ought to be.

page IV,852

85

CHAPTER VI.

86
87

AN ACTE AGAISTE NEWE BUYLDING~.

88
89    For the reformynge of the great Mischiefes and Inconveniences that daylie growe and increase by reason of the
90pesteringe of Houses with div~se Famylies, Harboringe of Inmates, and convertinge of great Houses into sev~all
91Ten~t~ or Dwellinges, and erectinge of newe Buylding~ within the Citties of London Westm~ and other Places nere
92therunto adjoyninge, wherby great Infection of Sicknes & dearthe of Victualles and Fewell hathe growen and ensued,
93and manye idle vagrante and wicked p~sons have harboured themselfes there, and div~se remote places of the Realme
94have bene disapointed of Workmen and dispeopled; The w^ch Enormyties and Defect~ her Majestie of her Wisdome
95Princely Considerac~on and Care of her Subject~, by her Highnes P~clamac~on dated at Nonsuche the seaventh daie of
96Julie in the xxij^th yere of her Majesties Raigne, did intend to reforme, untill some good order might be p~vided in
97Parliament: Be it enacted by the aucthoritie of this p~sent Parliament, That noe p~son or p~sons of what Estate Degree
98or Condic~on soever, shall fromhensforth make and erecte anye newe Buildinge or Buildinges House or Houses for
99habitac~on or dwellinge, within either of the saide Citties, or within thre myles of anye of the Gates of the said Cittie
100of London, Excepte it be to enlarge his or their House or Houses that so shall builde the same, or to add some other
101Buylding~ to his or their Houses, or in their Gardens for the more ease or pleasure of the Buylder; or that suche
102newe House or Ten~te shalbe fytt for the Habitac~on or Dwellinge of suche a person as heretofore hath bene assessed
103to or for the Subsidie to her Majestie at Five poundes in Good~ or Thre poundes in Landes at the last Assessement
104next before the saide newe Building~, or shalbe judged by the Two next Justic~ of Peace, by writinge under their
105Hand~ and Seales to be p~sented at the next Quarter Sessions, to be fytt and able to be assessed in the Subsidie,
106accordinge to that rate if before that tyme he hath not bene so assessed; or except anye suche newe Buildinge shalbe
107made for anye Hospitall for Relief of the Pore; upon payne to forfeit for ev~ye suche Offence quarterlie, the
108so~me of Fyve poundes.
109
110    And further be it enacted, That noe p~son or p~sons, of what Estate Degree or Condic~on soever, shall at any tyme
111hereafter converte or devide any Dwellinge House or other Buylding~, nowe erected and builded or hereafter to be
112erected and builded within the Citties and Places aforesaide, or any of them, into div~se and sev~all Habitac~ons or
113Dwelling~ for sev~all and div~se Famylies; excepte everie sev~all House soe devided shalbe fytt for the Habitac~on or
114Dwellinge of suche a p~son as heretofore hathe bene assessed to or for the Subsidie to her Majestie at Fyve Poundes
115in Goodes or Thre Pound~ in Landes, at the Subsidie next before such Devision, or by twoe Justices of Peace
116next adjoy~ing, by Writinge under their Handes and Seales to be p~sented at the next Quarter Sessions, shalbe thought
117fytt and able to be assessed in the Subsidie according to that Rate; upon payne to forfeyte for everie suche Offence,
118yf any other p~son under that value shall inhabite suche House, the some of Fyve Poundes for everie Moneth;
119to be paide by that p~son that shall p~mytt the House devided to be inhabited. And be it enacted also, That everie
120p~son being not of suche value w^ch shall herafter dwell or inhabite in anye suche House so to be newe builded
121converted or devided as aforesaide, shall forfeyte for everie Moneth that he or she shall dwell or inhabite in the
122same, the some of Fyve Poundes.
123
124    And be it further enacted by the aucthoritie aforesaide, That noe p~son or p~sons inhabitinge & dwelling within
125the Citties and Places aforesaide, shall after Twentie Daies next ensuynge this Session of Parliament, receyve or take
126into his or their House or Houses any Inmate or Undersitter or Inmates or Undersitters; upon payne to forfeyte for
127everie monethe that he she or they shall have & kepe or willinglie suffer in his her or their House or Houses
128anye suche Inmate or Undersitter, cont^arie to the true meaninge of this Acte, the some of Fyve Poundes as is
129aforesaide: Provided, That this Braunche of this Acte, or any thinge therin conteyned, shall not extend to any
130p~son or p~sons for takinge or receyvinge into his her or their House or Houses any p~son or p~sons w^ch is or shalbe
131assessed in the Subsidie at Fyve Poundes in Goodes or Thre Poundes in Landes or Fees, or shalbe thought able and
132fytt to paye suche a Rate in Subsidie as is aforesaide.
133
134    And Whereas div~se Comons Waste Groundes and Great Fieldes nere adjoyninge to the Citties aforesaid w^ch have
135bene heretofore used for trayninge and musteringe of Souldiors, and for recreac~on comforte & health of the People
136inhabitinge the saide Citties and Places, and for the use and ex~cise of Archerie, have of late yeres bene inclosed and

page IV,853

137converted into sev~alties and to other private uses: Be it enacted by the aucthoritie aforesaide, That it shall not be
138laufull to any p~son or p~sons to inclose or take in any parte of the Co~mons or Waste Groundes scituate lienge or beinge
139within thre Myles of any of the Gates of the saide Cittie of London, nor to sever of devide by any Hedge Ditche
140Pale or otherwise, anye of the saide Fieldes lyinge within thre Myles of any of the Gates of the saide Cittie of London
141as aforesaide, to the let or hindraunce of the traynyng or musteringe of Souldiors or of walkinge for recreac~on comforte
142and health of her Majesties People, or of the laudable ex~cise of shotinge where there hathe bene usuall ex~cise of
143shotinge and Mark~ have bene there sett; upon payne to forfeyt for everie Moneth that he or they or any of them
144shall kepe anye parte of the saide Co~mons or Waste Groundes inclosed or taken in for everie suche Inclosure, Five
145Poundes, and for ev~ye Moneth that he or they shall kepe anye parte of anye of the same Fieldes severed or devided
146for everie suche Offence Fyve Poundes: The one moytie of all w^ch Paynes Penalties and so~mes of Money to be forfeyted
147by vertue of this Acte shalbe to the Churchewardens of all and ev~ye Parishe and Parishes where the sev~all Offenc~
148shalbe co~mitted, to be ymployed by them, withe Consent of the more parte of the Parisheners beinge Householders,
149to the use of the Pore of the Parishe or Parishes, and thother moytie to him or them that will sue for the same
150by Acc~on of Debte Bill Playnte or Informac~on in any of the Quenes Majesties Court~ of Recorde, in w^ch Sute noe
151Essoyne Protecc~on Writt of Priviledge or Wager of Lawe shalbe admytted or allowed.
152
153    And for the better Relief of the Pore in sev~all Parishes where any of the Offenc~ aforesaide shalbe co~mytted,
154Be it also enacted, That the Churchewardens of ev~ye sev~all Parishe (if they shall not be herin Offendors) where anye
155of the Offences aforesaide shalbe co~mytted, and if they be Offendors then the Curate of the Parishe withe twoe other
156honeste men of the same Parishe being Housholders, shall have full power and aucthoritie by vertue of this Acte to
157enter into all and everie House and Houses and other place and places where anye Offence shalbe co~mytted againste
158the true meaning of this Acte, and there to distreyne for the moytie of all and everie suche so~me and so~mes of Money
159as shalbe forfeyted by vertue of this Acte, and the Distresse and Distresses to deteyne untill suche moytie of the
160so~me and so~mes of Money so to be forfeyted shalbe trulie satisfied and payed accordinge to the true intent and
161meaninge hereof.
162
163    Provided alwaies, That this Acte or any thinge therin conteyned shall not extend to take awaye p~judice or
164impeache anye good Usag~ or Customes, heretofore used in the Citties of London and Westm~ or eyther of them, for
165the reformynge or punyshinge any of Offenc~ aforesaide; nor to any Lorde or Lordes havinge lib~tie to kepe a
166Leete for punyshinge of any Thoffenc~ afore mencioned within the Jurisdicc~on of his Leete, as they might have done
167before this Statute.
168
169    Provided also, That notwithstanding any thinge in this Acte conteyned it shall and maye be laufull for ev~ye suche
170Marriner Sayler or Shipwright, as shalbe allowed by the Lorde Admyrall and the Masters and Companye of Trinitye
171House for the tyme beinge in Writing under their Handes & Seales, to contynue his Habitac~on in any House that
172hath bene buylte sithen the saide P~clamac~on nere to the Thames syde, serving onelie for the Habitac~on of suche
173Marriner Sayler or Shipwright, and not to be used for any Victuallinge House, nor for any Storehouse for anye
174Merchaundise, savinge suche as shall apperteyne to the arminge or apparellinge of Shippes; And likewise that anye
175Marriner Sailor or Shipwright maie hereafter builde any House, for suche purpose and for no other, on or nere the
176Thames side, so as it be distant from the verie Wharfe or Bancke thirtie Foote, soe as people may passe betwixte
177the saide Houses and the saide Banke and the Thames; And soe as in the newe building therof ev~ye House hereafter
178to be builded maie be distant from any other House above twentie Foote to avoide casualtie of Fier, and soe as also
179that there be noe newe Landinge place or Staires made to take upp and laye to Lande, or to laye from Lande in
180any Boate or Shippe, anye Wares or m~chaundizes.
181
182    And to avoide Doubt~ that maie arise by reason of this Acte, Be it further enacted and declared by thauctoritie
183aforesaide, That two Justic~ of Peace inhabiting next to any of the Houses or Ten~t~ aforesaide, shall have full Power
184by vertue of this Acte, to decyde and determyne whether ev~ye p~ticuler House or Ten~te before mencioned be sufficient
185and convenient for Habitac~on of a man assessed or fytt to be assessed to the Subsidie for her Majestie at Fyve Poundes
186in Goodes or Thre Pound~ in Landes; and whether the Inhabitante in any such House or Ten~te be of value or
187substance to be assessed in the Subsidie accordinge to the Rates aforesaid; And that a Myle shalbe reckoned and taken
188in this manner and noe otherwise, That is to saye, a Myle to conteyne Eight Furlong~, and everie Furlonge to conteyne
189Fortie Lugg~ or Poles, and ev~y Lugg or Pole to conteyne Sixtene Foote and Halfe.
190
191    Be it further enacted, That for avoidinge of colorable contynuyng of Inmates againste thintenc~on of this Acte
192by p~tence of any Leases or States made to them, the saide Inmat~ p~tending anye Leases shall at the next Leete or
193Courte to be helde in the Mannor or Place where the Houses inhabited by Inmat~ are scituate, shall p~duce his or her
194Lease, and therof make good proofe before the Stewarde of the Leete or Courte and the Jurie, w^ch if he shall not doe
195then the said Inmate to be forthwith removed as above is mencioned. This Acte to endure for seaven yeres, and
196afterward~ untill thend of the Session of Parliament then next ensuynge.
197

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198

CHAPTER VIII.

199
200

AN ACTE AGAINSTE DECEITFULL MAKING OF CORDAGE.

201
202    Forasmuch as ys founde by co~men Experience that sundrie p~sons usinge the Trade of making Cables Halsers
203and other kinde of Cordage within this Realme, have of late for their private lucre and gayne used to make
204the same of oulde caste and overworne Cables Halsors and Cordage; and yet have craftelye and deceytfullie uttered
205and soulde the same, beinge tarred, as newe good and stronge, & as made of newe and p~fecte stuffe, coveringe and
206hydinge the false and corrupte makinge thereof by tarringe of them before SOURCE TEXT: the mbefore the same putt to sale, by reason whereof
207not onely div~se Shippes Vesselles & Goodes aswell of her Majesties as of sundrie her Highnes Subjectes, but also the
208Lyves of div~se of her saide Subjectes have bene loste p~ished and caste awaye: For Remedy thereof, and for the
209avoydinge of suche great losses inconveniences and daungers as myghte otherwise hereafter ensue, by suche corrupte
210false and deceytfull makinge of Cables Halsers and other Cordage as ys aforesaide, Be it enacted by the Quenes
211most Excellent Majestie the Lordes Sp~uall & Temporall and the Co~mons in this p~sent Parliament assembled, and by
212the Authoritie of the same, That yf any p~son or p~sons shall after Fortie daies next after the ende of this Session
213of Parliament, make or cause to be made any Cables of any olde and overworn Stuffe w^ch shall conteyne above
214seaven ynches in compasse, Then everie p~son soe offendinge shall forfeyte and lose fower tymes the value of everie
215suche Cable so by him or her made or cause to be made as ys aforesaide; And if any p~son or p~sons after the
216saide Fortie dayes next after thend of this Session of Parliament shall tarre or cause to be tarred any Halsers or
217other Cordage made within this Realme of suche olde and overworn Stuffe as aforesaide, beinge of lesser Assise and
218not conteyni~ge in compasse seaven ynches, and shall after by waye of retayle sell or put to sale, or cause to be
219solde or put to sale, the same beinge so tarred, that everie p~son soe offendinge shall forfeite and lose the treble
220value of ev~ye Cable Halser and other Cordage beinge of lesser Assise, and made of suche olde and overworn Stuffe
221as is aforesaide, whiche shalbe so soulde or putt to sale beinge tarred as aforesaide; the one moytie of all whiche
222Forfeytures shalbe to the Quenes Majestie her Heires and Successors, and the other moytie to suche p~son or p~sons
223as will sue for the same by Acc~on of Debte Bill Playnte or Informac~on, wherein noe Essoyne P~tecc~on or Wager of
224Lawe shall be allowed: And Furthermore, That everie p~son w^ch shall in any wise offende againste the tenor and
225meaninge of this Acte, shalbe ymprisoned for the same duringe her Majesties pleasure.
226
227

CHAPTER IX.

228
229

AN ACTE TOUCHINGE BREDTH OF CLOTHES.

230
231    Whereas in the Parliament holden at Westm~ in the fyfte and sixt yeres of the Raigne of our late Soveraigne
232Lorde Kinge Edwarde the Sixte, one Statute was made, intituled An Acte for the true makinge of Wollen
233Clothe, wherebie amonge other thing~ it was inacted, That all broade Plunckett~ Azures Blewes and other coloured
234Clothe w^ch after the Feast of S^t Michaell the Archaungell then next ensuynge shoulde be made within the Shires of
235Wiltshire Glowcester or Som~sett, or elswhere of like makinge, shoulde conteyne in lenghe, beinge thoroughe wett,
236betwixte fyve and twentye and eight and twentye yardes, yearde and ynche of the Rule, and shoulde be seaven
237quarters within the List~ at the leaste, and lysted accordinge to the auncient Custome, and beinge well scowred thicked
238mylled and fullie dried, shoulde weighte threscore and eight pounde the peece at the least, as by the saide Acte
239amonge div~se Clauses Articles and P~visions conteyned in the same more playnelie is exp~ssed; sithence the makinge
240of w^ch saide Statute, althoughe the makers of the said coloured Clothes have endevoured themselves accordinge to
241their best skill and industrie to p~forme and fulfill the saide recited Statute in everie of their Clothes asmuche as in
242them did lye, as touchinge the bredthe of Clothes, and to thend & purpose have allowed and doe allowe so muche
243Yearne and Stuffe to ev~y suche Clothe as myght sufficientlie serve to make all the saide coloured Clothes full out in
244lenghe bredthe and weight accordinge to the saide Statute made in the fyfte and sixt yeres of Kinge Edwarde the
245Sixt; Yet notwithstandinge manye tymes by reason of the div~se natures in the Woolles, and by the greate div~sities
246in the spynnynge cardinge and myllinge, manye of the saide coloured Clothes made within the saide Countie of
247Som~sett, and elswhere of like makinge, doe not conteyne full seaven quarters in bredthe, accordinge to the saide Statute
248made in the fifte and sixt yeres of Kinge Edwarde the Sixte, and yet noe defaulte touchinge the saide bredthe can
249justlie be imputed to the maker therof, for that the saide Clothmakers, (as Experience daylie sheweth,) cannot observe
250the saide former Statute in all the saide Clothes, as touchinge the bredthe, althoughe they indevor themselves never
251so muche thereunto; w^ch Clothes not conteyninge their full Assize in bredthe as is aforesaid, are many tymes taken &
252seised by the serchers of London when they come to their Markett at Blackwell Hall, to the great losse and damage
253of the saide Clothemakers, and to the great hindraunce of Clothe makinge within the saide Countye: In Considerac~on
254whereof, albeyt it is not hereby intended to repeale or make voide the saide former recited Statute otherwise then ys
255hereafter exp~ssed, yet nevertheles be it enacted by the Quenes most Excellent Majestie withe Thassent of the Lordes
256Sp~uall and Temporall and the Co~mons of this p~sent Parliament assembled, and by the Authoritie of the same,
257That noe p~son or p~sons shalbe hereafter chardged for any suche defaulte w^ch hereafter shalbe in any of the saide

page IV,858

258broade Plunkett~ Azures Blewes or other coloured Clothes, for want of bredthe of seaven quarters, so that the same
259Clothe doe conteyne in bredthe, beinge throughlie wett, sixe quarters and an halfe at the least within the List~
260unwrought and lysted accordinge to the auncient Custome; Any Thinge in the saide former recited Statute mencioned
261to the cont^arie in anye wise notwithstandinge.
262
263    Provided alwaies and be it enacted by the authoritie aforesaide, That if any of the saide Clothes shall not conteyne
264Sixe Quarters and a Halfe at the leaste within the List~ as is aforesaide, that then ev~y p~son offendinge in that behalfe
265shall for everie suche Clothe be subjecte to suche Paynes Penalties and Forfeytures as were, by force of the former
266recited Statute of the Fyfte and Sixte yeres of Kinge Edwarde the Sixte, to have bene forfeyted for want of Bredthe
267of Seaven Quarters within the List~.
268
269    And be it nevertheles inacted by thaucthoritie aforesaide, That if anye of the saide brode Plunckett~ Azures Blewes
270or other coloured Clothes, beinge well scowred thicked mylled and fullie dried, shall conteyn in weight any lesse
271then threscore and eight poundes at the leste, that then everie of the saide Clothiers therin offendinge shall incurr
272doble suche Penaltyes and Forfeytures, for everie Pounde soe wantinge of the saide Weight, and not weyinge after
273suche rate as ys before exp~ssed in and by the saide Statute made in the Fyfte and Sixt yeres of Kinge Edwarde the
274Sixte, ys lymitted and appoynted.
275
276    And be it nevertheles enacted by the authoritie aforesaide, That if anye of the Clothes to be made w^thin the
277Countie of Som~sett, or elswhere of lyke makinge, called Plunkett~ Azures and Blewes, beinge well scowred thicked
278mylled and fullie dried, shall conteyne in Weighte anye lesse then threscore and eight poundes at the least, or yf any
279of the saide Clothes shall conteyne in Lengh~e any more then xxvij^tie yeardes at the most, that then ev~y of the same
280Clothyers therin offendinge shall incurr double suche Penaltyes and Forfeytures for ev~y pounde so wantinge, as by the
281saide Statute of the Fyfte and Sixte yeres of the Raigne of Kinge Edwarde the Sixte, are to suche Default~ lymitted
282and appoynted; And for ev~y yarde that anye suche Clothe shall conteyne above xxvij^tie yard~ in Lengthe, and not
283weyinge after suche rate as ys before expressed, the Maker of everie suche Clothe shall incurre dowble the Penalties
284bye the Statute of the Fowrthe and Fyfte yeres of the Reignes of Kinge Philipp & Quene Marie to suche Default~
285lymitted and appoynted.
286
287

CHAPTER X.

288
289

AN ACTE TO REFORME ABUSES IN CLOTHES.

290
291    In theire moste humble and dutyfull wise shewen and beseechen your Highnes your true and faithfull Subject~ the
292Clothiers Merchaunt~ and Chapmen of your Countie of Devon and of the Counties adjoyninge, That where in
293the Moneth of Januarie in the fower and thirtieth yere of your Majesties most happie Raigne, aswell at the humble
294Suyte and Petic~on of sundrie your saide Subjectes, as upon c~tificate of div~se Justices in your Highnes saide Countie
295of Devon, and uppon Complaynte of the States of Hollande, It pleased your Highnes, with thadvise of your most
296Honorable Privie Counsell, by your Highnes P~clamac~on, for the Reformac~on of thinsufficiencies growen in the Clothes
297called Devonshire Kersies or Dozens, (a Co~modity heretofore in great Request Priese and Estimac~on bothe amongest
298your naturall Subject~ and in forreyn Nacions and Countries,) but of late marvailouslie (and not without occasion)
299discredited by the Invenc~ons and newe Devises of the Weavers Tuckers and Artificers, to co~maunde that the Lawes
300before that tyme made and standinge in force not repealed for and concerninge the p~misses, shoulde be duely
301accomplished in all Thing~; and that everie Officer shoulde diligentlie p~forme his Office accordinglie, and that the
302weight of the saide Kersies or Dozens beinge rawe, and wroughte with clean Stuffe without any deceitfull Addic~on
303shoulde weigh fyftene pound~ and conteyne in the Markett at the least betwene fiftene and sixtene yardes in Lengh~e,
304and that the same shoulde be sewantly woven throughout of like sorted Yarne, forbiddinge all other Deceipt~
305in Weaving, and all dymynishinge and unreasonable drawinge stretchinge and other Deceipt~ in Tuckers; And that
306eche Weaver shoulde weave his Shopm~ke in eche Dozen, and a Purrell in eche ende thereof, and that Officers shoulde
307be appoynted in Markett Townes to viewe weighe and trie the same Kersies whether they were in Lengh~e Weight or
308Goodnes, according to the rate and p~porc~on set forthe in the same P~clamac~on; the same P~clamac~on to endure till the
309firste daye of this p~sent Parliament, as by the same more at large maye appere: Nowe moste gracious Soveraigne,
310Forasmuche as by the saide P~clamac~on greate order and better makinge of the saide Clothes for Weight and Lengh~e
311thereof hathe ensued, and to thend that hereafter further Discoverie and Restrainte of all Abuses and Deceipt~ cont^arie
312to the former Lawes and Statut~ of this Realme may be p~vided for, to the revivinge of the Reputac~on of so good
313p~fitable and necessarie a Co~moditie; It may please your Majestie with thassent of the Lordes Sp~uall and Temporall and
314the whole Co~monaltie assembled in this p~sent Parliament and by thaucthoritie of the same, That it maye be enacted
315and established as followeth; That is to saye, That from and after the firste daye of Julye nowe next co~myng, eyche
316Kersey called Devonshire Kersey or Dozen w^ch shalbe made and woven within the saide Countie of Devon, or any
317other Countie next adjoyninge therunto, beinge rawe unscowred untucked & unwett as yt cometh from the Weavers
318Beame, and beinge made of cleane and p~fecte Stuffe, That is to witt of Woolle shorne clensed and throughlye wasshed
319or scowred after the shearinge and before the weavinge, without anye Fraude Deceipte Pollicie or Devise, or any Stuffe
320thereunto deceytfullye or unlaufullye added, in the workinge or after the workinge thereof, for the increase of the
321Weight, shall weighe in the Markett fyftene poundes or upward~; And that from and after the saide first day of Julye

page IV,859

322ev~ye rawe Devonshire Kersey or Dozen from thenceforth to be woven and made in the saide Countie of Devon, or anye
323of the other Counties adjoyninge, beinge a rudge washe Kersey, that is to saye, beinge made of Fleece Wooll wasshed only
324on the Sheepes Back~, and the Wooll not beinge clensed washed and scowred after it is shorne and before it is woven,
325shall (without any Fraude Deceipte Pollicie Device or Addic~on of Stuffe whatsoever to increase the Weighte thereof)
326weighe in the Markett seventene poundes at the least beinge rawe as it cometh of the Weavers Beame; And eiche
327and everie of the same Devonshire Kersies or Dozens so being rawe and as it cometh forthe of the Weavers
328Loome, (without rackinge stretching streyning or other Devise to increase the Lengh therof,) shall conteyne
329in Lengthe betwene Fiftene and Sixtene yeardes by the measure of yearde and ynche by the Rule, without
330w^ch Observac~on of Weight beinge rawe, they cannot fall out, (after they be well scowred thicked and fullie dried,)
331to conteyne the lengthe and weight exp~ssed and lymitted in the Statute of the fourth and fyveth yeres of Phillipp
332and Marie, viz. Twelve yerdes in lengh~e and Twelve pound~ in Weight, as hathe bene sufficientlie made knowen and
333testified to your Highnes saide Privie Counsell before the saide P~clamac~on: And yf any Weaver shall worke or make
334any of the saide kindes of Kersies of lesse Weight or Measure then ys before mencioned after their kinde, everie
335suche Offendor shall forfeite for ever~ quarter of a pounde in Weight w^ch anye of the saide rawe Kersies or Dozens
336w^ch shalbe broughte to any Markett or soulde or offered to be soulde, shall want of their Weight aforesaide, Twelve
337pence, and for everie quarter of a yarde w^ch shalbe wantinge in lengh~e of either sorte of the saide Kersies likewise
338beinge soulde or offerred to be soulde, Twelve pence; And that eche sorte of the saide Kersyes or Dozens shalbe
339sewantly woven throughout of well and like sorted yarne, and that no Weaver shall use any div~sitie in the bignes
340or goodnes of his yearne in any parte of the saide Kersies, savinge onelye in the Lyst~, nor use anye other practise
341in edginge or weavinge of any the same Kersies or Dozens, to make the same seme fyner nere the Edge or Liste then
342in other parte of the same Clothe.
343
344    And that it maye be further Inacted by the authoritie aforesaide, That eiche Weavor shall weave his shopm~ke of
345some coloured Yarne in thend of everie Kersey, w^ch he shall hereafter weave or make, and shall also at eche end of
346everie of the same Kersies weave one Purrell likewise of coloured Yarne of the bredthe of Thre Quarters of an Ynche
347at the leaste, wherbye the deceitfull cuttinge and dymynishinge of suche Clothes by Tuckers or Fullers heretofore
348used, may hencforthe be p~vented; And if any Weaver shall use any Deceipte in mynglinge his Yearne, or shall omytt
349his shopm~ke, or shall not weave in everie Kersey Two Purrells, accordinge to the tenor of this Acte, he shall forfeyt and
350lose for everie Offence to the cont^arie, Tenne Shilling~.
351
352    And to thend that the weight and goodnes of all the saide Kersies called Dozens beinge rawe may be the better
353and more certenlie knowen, it may further be enacted, That noe Weaver nor any p~son whatsoever shall offer
354or put to sale any of the same Rawe Kersies called Dozens, before the same have bene viewed weighed and marked in
355some Cittie Towne Corporate or Marked Towne, and allowed by suche Officer, and marked withe suche Mark~ as
356shalbe there in suche Cittie or Towne used and appoynted for that purpose; upon payne to forfeyt and loose for
357everie Clothe soulde or offered to be soulde to the cont^arie, Tenne Shilling~, thone Halfe of all w^ch Forfeytures shalbe
358to the use of your Highnes your Heires and Successors, and thother Halfe to the principall Officer or Magistrate of the
359Cittie Towne Corporate or Markett Towne next adjoyninge to the dwellinge or workinge Place of suche Weavers as
360shall offende in any of the p~misses, yf he the same Officer or Magistrate shall firste make Seisure therof, or els to
361the principall Officer of that Cittie Towne Corporate or Markett Towne where the same shalbe soulde or offered to
362be soulde, to be recovered by Acc~on of Debte Bill Playnte Informac~on with Cost~, in anye Courte of Recorde,
363wherin noe P~tection Wager of Lawe or Essoyne shalbe allowed.
364
365    And for the better Discoverie of the Offences aforesaide and the more p~fecte accomplisshing of the p~misses,
366it may be also enacted, That the principall Officer or Magistrate for the tyme beinge in everie Cittie Towne Corporate
367or Markett Towne of the saide Countie, or of any other of the Counties adjoyninge, where any suche Kersies called
368Devonshire Kersies or Dozens nowe are or hereafter shalbe woven made offered or put to sale, shall everie yere
369from henceforthe appoynte and have in redynes at all tymes nedefull, two or more discreete p~sons w^ch shalbe
370speciall and knowen Officers and Searchers, w^ch shall attend and shalbe at his and their entrie in his or their saide
371Office sworne, duringe his and their contynuance in the saide Office trulye to viewe weyghe & marke eiche Kerseye
372called a Dozen, in suche Cittie or Towne, or any of them, made soulde or offered to be soulde or put to
373sale, and to p~sent eche Offence or Defecte w^ch shall there fall out cont^arie to the true meaninge of this Statute;
374everie whiche Sercher or Officer so to be hereafter appoynted for this purpose in any suche Cittie Towne Corporate
375or Markett Towne, shall by force of this Acte have power and authoritie to enter in the daye tyme into all Shoppes
376Warehouses Workehouses and other places convenient of the same Cittie or Towne where he or they shalbe soe
377appoynted, there to viewe searche and see whether any Kersey or Dozen be made soulde or offered to be soulde
378cont^arie to the true meaninge of this Acte; And also to see what Paynes Penalties and Forfeytures shalbe growen due
379to her Majestie by any Weaver Seller or Buyer within the Lib~ties and p~cinct~ of the same Towne, takinge onlye of
380and for the weying and markinge of everie Kersey, a Farthinge for his paynes, and so accordinge to the nomber
381and noe more, w^ch Farthinge uppon everie Kersey is to be payde by the Seller of the same Kersey; And if suche
382Serchers and Officers shall not be yerelie appointed and attendante at all tymes reasonable and convenient, or shall
383neglecte his or their dutyes in the true serche weighinge and markinge of the saide Kerseis, or any of them, or shall
384marke anye one Kersey w^ch want~ of his weight as is aforesaide, That then and in everie suche Case the Chief Magistrate
385of everie suche Cittie and Towne, shall forfeyt and loose for everie suche Offence of their Sercher or Serchers
386Twentie Shilling~, and for everie Market Daye they shall wante two or one at the least of suche Serchers the so~me
387of Fourtie Shilling~, to be levied as hereafter is exp~ssed.

page IV,1026

388

CHAPTER VIII.

389
390

AN ACTE TO MAKE AWAYE THE BENEFITE OF CLERGIE FROM SOME KINDE OF MANSLAUGHTER.

391
392    To the ende that stabbinge and killinge men on the suddaine, done and co~mitted by manie inhumaine and
393wicked p~sons in the tyme of theire rage drunkennesse hidden dislpeasuredispleasureEdition: dislpeasure, or other passion of minde, contrarie
394to the co~mandement of Almightie God and the co~mon Peace and Tranquilitie of this Realme, may from henceforthe
395be restrained, through feare of due punishment to be inflicted on suche cruell and bloodie Malefactors, whoe heretofore
396have bene thereunto imboldened by presuming on the benefit of Cleargie; Be it therefore enacted by the King~ moste
397excellent Majestie, the Lord~ Spirituall and Temporall, and the Co~mons in this p~sente Parliament assembled, That
398everie p~son and p~sons which after one moneth nexte ensuinge the end of this p~sent Session of Parliament, shall
399stabbe or thruste any p~son or persons that hathe not then any weapon drawne, or that hathe not then firste striken
400the partie which shall soe stabbe or thruste, soe as the person or persons soe stabbed or thruste shall thereof die within
401the space of sixe moneths then next followinge, although it cannot be proved that the same was done of malice
402forethoughte, yet the partie soe offendinge, and beinge thereof convicted by verdicte of twelve men, confession or
403otherwise, accordinge to the Lawes of this Realme, shall be excluded from the benefit of his or theire Cleargie, and
404suffer Deathe as in case of Wilfull Murder.
405
406    Provided alwaies, That this Acte or any thinge therein conteyned, shall not extende to any person or p~sons
407which shall kill any person or persons se defendendo , or by misfortune, or in any other manner then as aforesaide;
408nor shall extende to any person or persons which in keepinge and preservinge the Peace, shall chaunce or co~mitt
409Manslaughter, soe as the saide Manslsughter be not co~mitted wittingly willinglie and of purpose, under p~texte and
410colour of keepinge the Peace; nor shall extende to any person or p~sons which in chastisinge or correcting his
411Childe or Servant, shall besides his or theire intent and purpose, chaunce to co~mit Manslaughter; This Acte to
412contynue untill the end of the firste Session of the next Parliament.
413
414

CHAPTER IX.

415
416

AN ACTE TO RESTRAINE THE INORDINATE HAUNTINGE AND TIPLINGE IN INNES ALEHOUSES AND OTHER VICTUALLINGE HOUSES.

417
418    Whereas the ancient true and principall use of Innes Alehouses and Victuallinge Houses, was for the
419Receipte Reliefe and Lodginge of wayfaring people travellinge from place to place, and for such Supplie
420of the wants of such people as are not able by greater Quantities to make theire p~vision of Victuals, and not
421meant for entertainment and harbouringe of lewde and idle people to spende and consume theire money and theire
422tyme in lewde and drunken manner; Be it therefore enacted by the King~ moste excellent Majestie, the Lordes
423Spirituall and Temporall, and Co~mons in this p~sent Parliament assembled, and by the authoritie of the same,
424That it after fortie dayes next ensuinge after the end of this p~sent Session of Parliament any Inne keeper Victualler
425or Alehouse keeper within this Realme of England or the Dominion of Wales, doe p~mitt or suffer any p~son or p~sons
426inhabitinge and dwellinge in any Citie Towne Corporate Market Towne Village or Hamlett within this Realme of
427England or Dominion of Wales, where any such Inne Alehouse or Tiplinge house is or shall be, to remaine and
428contynue drinkinge or tiplinge in the saide Inne Victuallinge House Tiplinge house or Alehouse, other then such
429as shalbe invited by any Travailer, and shall accompanie hym onelie duringe his necessarie abode there, and other then
430labouringe and handicraftsmen in Cities and Townes Corporate and Markett Townes, upon the usuall workinge daies,
431for one houre at dynner tyme, to take their Diet in an Alehouse; and other then Labourers and Workmen, which for
432the followinge of theire worke by the day or by the greate in any Cittie Towne Corporate Market Towne or Village,
433shall for the tyme of theire saide contynuynge in worke there, sojourne lodge or victuall in any Inne Alehouse or
434other Victuallinge house, other then for urgent and necessarie occasions to be allowed by two Justices of Peace,
435that then everie such Inne keeper Victualler or Alehouse keeper shall for everie such offence forfeit and lose the
436so~me of tenne shilling~ of currant Money of England, to the use of the Poore of the Parishe where such offence
437shall be co~mitted; the same offence being viewed and seene by any Mayor Bayliffe or Justice of Peace within their
438sev~all limits, or proved by the Oathe of Two Witnesses, to be taken before any Mayor Bayliffe or any other
439Head Officer, or any one or more Justice or Justices of the Peace, who by vertue of this Acte shalbe authorised
440to minister the saide Oathe to any p~son or p~sons that can or will justifie the same, beinge within the limits of
441theire saide Co~mission.
442
443    And be it further enacted by the authoritie aforesaide, That if any Inneekeep~ Alehouse or Victualler
444shall at any tyme utter or sell lesse then one full Ale quart of the best Beere or Ale for a penie, and of the Small
445two quarters for one pennie, that then everie suche Inne keeper Alehouse keeper or Victualler shall forfeite for everie
446such offence beinge duelie proved in manner above limitted, the so~me of Twentie Shilling~ of lawfull Money of
447England, to the use abovesaide; All and everie the saide Penalties to be levied by the Constables or Churchwardens
448of the Parish or Parishes where the offence or offences shall be co~mitted, by waye of distresse to be taken and deteined
449for the saide forfeitures, and for default of satisfacc~on within sixe dayes nexte ensuinge, the same then to be p~sentlie
450apprised and solde, and the surplusage or remainder over and above to be delivered to the partie of whome the
451distresse was taken, and for want of sufficient distresse the partie or parties offendinge to be by the Mayor Bayliffe
452or other Head Officer or Justice or Justices aforesaide, co~mitted to the co~mon Gaole, there to remaine untill the
453said Penaltie or Penalties be truelie paide.
454

page IV,1027

455    And be it further enacted by the authoritie aforesaide, That if the Constables or Churchwardens doe neglecte theire
456duetie in levyinge, or do not levie the saide severall Penalties, or in default of Distresse or Distresses, from tyme to
457tyme doe neglecte to certifie the same Default of Distresse, by the space of twentie dayes then nexte ensuinge to the
458Maior Bailiffe and other Head Officer or Justice of the Peace within whose Jurisdicc~on the Offence is co~mitted, then
459everie p~son and p~sons so offendinge shall forfeit for everie such Default the so~me of Fortie shilling~ of currant Mony
460of England to the use of the Poore of the Parishe where suche Offence shalbe co~mitted, to be levied by waie of
461Distresse of the Offendors Goods, by Warrant from any one or more Justice or Justices of the Peace Mayor Bayliffe
462or other Head Officer within the limits of their Jurisdicc~ons respectivelie, under his or theire Hande and Seal, to be
463taken and detained for the saide Forfeitures, for the space of sixe dayes then next ensuinge; within whiche tyme if
464payment be not made, the same Goods to be presentlie apprised and sold, and the surplusage and remainder over and
465above (if any be) to be delivered to the partie of whome the Distresse was taken; and for wante of such sufficient
466Distresse, the Constables Churchwarden or Churchwardens so offendinge to be by the Mayor Bayliffe or other Head
467Officer Justice or Justices of Peace co~mitted to the common Goale, there to remaine until the saide Penaltie or
468Penalties be truelie paide, for all which Penalties which so shall be levied by the saide Constables or Churchwardens,
469they the said Constables and Churchwardens shall be accomptable to theire Successors and other the Parishioners, in
470suche sorte as they usuallie be in other Churche reckoning~ or Accompt~; and for all Forfeitures to be levied by
471reason of any neglect of the Constables or Churchwardens, those shall be accomptable, who by force of any Warrant
472or Precept doe levie the same, or upon the inlargement of persons co~mitted, doe receive the same.
473
474    And be it further enacted, That all other Lawes and Statutes touchinge Innekeepers Victualers and Alehousekeepers
475shall still remaine in theire forme force and be put in due execuc~on: This Acte to continue to the end of the firste
476Session of the next Parliament.
477
478    Provided alwaies and be it enacted by the authoritie of this p~sent Parliament, That the Correcc~on and Punishment
479of such as shall offend againste this Acte, or any parte thereof, within either of the two Univ~sities of this Realme, or
480the p~cinct~ or Liberties of the same, shall be done upon the Offenders, and Justice shall be ministred in this behalfe
481accordinge to the intent and true meaninge of this Lawe, by the Governours Magistrates Justices of the Peace or other
482principall Officers of either of the same Univ~sities, to whome in other cases the Administration of Justice and
483Correcc~on and Punishment of Offenders by the Lawes of this Realme and theire severall Charters doth belonge or
484appertaine, and that no other within theire Liberties for any Matter concerninge this Lawe contrarie to theire severall
485Charters doe intermeddle, and that all Penalties and Summes of Money to be forfeited or lost by force of this Acte
486within either of the Univ~sities, or the Liberties or p~cinct~ of the same, shall be levied by the Officers or Ministers of
487either of the saide Univ~sities to be from tyme to tyme in that behalfe appointed by the Vicechauncellours thereof
488for the tyme beinge respectivelie, and that all Powers and Authorities either of Imprisonment or otherwise before given
489or appointed by this Acte, shall by the Governors Magistrates and principall Officers abovesaide of either of the saide
490Univ~sities, be duelie executed and done within either of the saide Univ~sities, and the Liberties and p~cinct~ of the
491same, accordinge to the true intent and meaninge of this Acte.

page IV,1028

492

CHAPTER XI.

493
494

AN ACTE TO RESTAYNE ALL P~SONS FROM MARRIAGE UNTIL THEIR FORMER WYVES AND FORMER HUSBANDES BE DEADE.

495
496    Forasmuch as divers evil disposed p~sons beinge maried, runne out of one Countie into another, or into
497places where they are not knowen, and there become to be maried, havinge another husband or wife livinge,
498to the greate dishonour of God and utter undoinge of divers honest mens children and others; Be it therefore
499enacted by the King~ Majestie, with the consent of the Lordes Spirituall and Temporall, and of the Co~mons in this
500p~sent Parliament assembled, That if any p~son or p~sons within his Majesties Domynions of England and Wales,
501beinge maried, or which hereafter shall marie, doe at any tyme after the ende of the Session of this p~sent Parliament,
502marrye any p~son or p~sons, the former husband or wife beinge alive, that then everie such offence shalbe Felonie,
503and the p~son or p~sons so offendinge shall suffer death as in cases of Felonie; And the partie and parties so
504offendinge shall receive such and the like p~ceedinge triall and execution in such Countie where suche p~son or
505p~sons shalbe apprehended, as if the offence had bene co~mitted in such Countie where such p~son or p~sons shall
506be taken or apprehended.
507
508    Provided alwaies, That this Acte nor any thinge therein conteyned, shall extende to any p~son or p~sons whose
509Husband or Wife shalbe continuallie remayninge beyond the Seas by the space of seven yeeres together, or whose
510Husband or Wife shall absent hym or her selfe the one from the other by the space of seaven yeares together, in any
511part~ within his Majesties Dominions, the one of them not knowinge the other to be livinge within that tyme.
512
513    Provided also and be it enacted by the Authoritie aforesaide, That this Acte nor any thinge herein contayned
514shall extend to any p~son or p~sons that are or shalbe at the tyme of such mariage divorced by any sentence had
515or hereafter to be had in the Eccl~iasticall Courte, or to any person or p~sons where the former Mariage hathe bene or
516hereafter shall be by sentence in the Eccl~iastical Courte declared to be voide and of no effect; nor to any p~son or
517p~sons for or by reason of anye former Mariage had or made, or hereafter to be had or made within age of consent.
518
519    Provided also, That no Attainder for this Offence made Felonie by this Acte, shall make or worke any corruption
520of Blood Losse of Dower or disinherison of Heire or Heires.
521
522

CHAPTER XII.

523
524

AN ACTE AGAINST CONJURATION WITCHCRAFTE AND DEALINGE WITH EVILL AND WICKED SPIRITS.

525
526    Be it enacted by the King our Sov~aigne Lorde the Lordes Spirituall and Temporall and the Comons in this
527p~sent Parliament assembled, and by the authoritie of the same, That the Statute made in the fifte yeere of the
528Raigne of our late Sov~aigne Ladie of moste famous and happie memorie Queene Elizabeth, intituled An Acte againste
529Conjurations Inchantment and Witchcraft~, be from the Feaste of St. Michaell the Archangell nexte co~minge, for
530and concerninge all Offences to be co~mitted after the same Feaste, utterlie repealed.
531
532    And for the better restrayninge the saide Offenses, and more severe punishinge the same, be it further enacted
533by the authoritie aforesaide, That if any p~son or persons, after the saide Feaste of Saint Michaell the Archangell next
534co~minge, shall use practise or exercise any Invocation or Conjuration of any evill and wicked Spirit, or shall consult
535covenant with entertaine employ feede or rewarde any evill and wicked Spirit to or for any intent or purpose; or
536take up any dead man woman or child out of his her or theire grave, or any other place where the dead bodie
537resteth, or the skin bone or any other parte of any dead person, to be imployed or used in any manner of Witchcrafte
538Soreerie Charme or Inchantment; or shall use practise or exercise any Witchcrafte Inchantment Charme or Sorcerie,
539wherebie any p~son shalbe killed destroyed wasted consumed pined or lamed in his or her bodie, or any parte thereof;
540that then everie such Offendor or Offendors, theire Ayders Abettors and Counsellors, being of any the saide Offences
541dulie and lawfullie convicted and attainted, shall suffer pains of deathe as a Felon or Felons, and shall loose the
542priviledge and benefit of Cleargie and Sanctuarie.
543
544    And further, to the intent that all manner of practise use or exercise of Witchcrafte Inchantment Charme or
545Sorcerie should be from henceforth utterlie avoyded abolished and taken away, Be it enacted by the authoritie of
546this p~sent Parliament, That if any p~son or p~sons shall from and after the saide Feaste of Saint Michaell the Archangell
547next co~minge, take upon him or them by Witchcrafte Inchantment Charme or Sorcerie to tell or declare in what
548place any treasure of Golde or Silver should or might be founde or had in the earth or other secret places,
549or where Good~ or Thing~ loste or stollen should be founde or become; or to the intent to p~voke any person
550to unlawfull love, or wherebie any Cattell or Goods of any p~son shall be destroyed wasted or impaired, or to hurte
551or destroy any p~son in his or her bodie, although the same be not effected and done; that then all and everie such
552p~son & p~sons so offendinge, and beinge thereof lawfullie convicted, shall for the said Offence suffer Imprisonment
553by the space of one whole yeere, without baile or maineprise, and once in everie quarter of the saide yere, shall in

page IV,1029

554some Markett Towne, upon the Markett Day, or at such tyme as any Faire shalbe kepte there, stande openlie upon
555the Pillorie by the space of sixe houres, and there shall openlie confesse his or her error and offence; And if any
556p~son or p~sons beinge once convicted of the same offences as is aforesaide, doe eftsoones p~petrate and co~mit the like
557offence, that then everie such Offender, beinge of any the saide offences the second tyme lawfullie and duelie convicted
558and attainted as is aforesaide, shall suffer paines of death as a Felon or Felons, and shall loose the benefitt and priviledge
559of Clergie and Sanctuarie: Savinge to the wife of such person as shall offend in any thinge contrarie to this Acte,
560her title of dower; and also to the heire and successour of everie such person his or theire titles of Inheritance
561Succession and other Rights, as though no such Attaindor of the Ancestor or Predecessor had bene made;
562Provided alwaies, That if the Offendor in any the Cases aforesaide shall happen to be a Peere of his Realme, then
563his Triall therein to be had by his Peeres, as it is used in cases of Felonie or Treason, and not otherwise.

page IV,1058

564

CHAPTER XXIX.

565
566

AN ACTE TO ENCOURAGE THE SEAMEN OF ENGLAND TO TAKE FISHE, WHEREBIE THEY MAY ENCREASE TO FURNISHE THE NAVIE
567OF ENGLAND.

568
569    For the better increase of Seamen, to be readie at all tymes to serve in the King~ Majesties Navie and the Navie
570of England, of which the Fishermen of England have ever bene the chiefest Seminarie and Nurserie, which in
571this latter Age have greatlie decayed; Bee it enacted by the King~ moste excellent Majestie the Lordes Spirituall and
572Temporall and the Co~mons in this p~sent Parliament assembled and by the authoritie of the same, That no Lycence or
573Lycences heretofore made or graunted, or hereafter to be made or graunted, to any sicke or infirme person or p~sons
574to eate Fleshe, during the tyme of his her or theire Sicknesse or Infirmitie, by force of the Statute of Anno quinto
575Regine Elizabeth, shall from the Feaste of Saint Michael next co~minge be any sufficient Warrant to any such person
576or persons to eate any Beefe Veale Porke Mutton or Bacon in the tyme of Lent, or upon any day now observed as a
577Fishe day; but that the saide sicke or infirme person or persons shall, for dressinge or eatinge of such Beefe Veale
578Porke Mutton or Bacon, incurre the danger and penaltie comprised therefore in the saide Statute, notwithstandinge any
579suche Licence heretofore granted, or hereafter to be granted to the contrarie.
580
581    And be it further enacted by the authoritie aforesaide, That no Butcher or other person, whether he be licenced or
582not licenced to kill Fleshe, shall from henceforth at any tyme in the tyme of Lent kill or dresse to the intent to put
583to sale any Oxe or Oxen Beeves Beevets Hogges Calves Rammes Ewes or Weathers, except Oxen or Beeves for
584victualling of Shippes into forreine part~, and except all Fleshe to be killed three dayes next before Easter yeerelie,
585upon paine to forfeit and loose the same Oxen Beeves Beevets Hogges Calves Rammes Ewes and Weathers so killed
586and dressed contrarie to this Statute, or the value of them.
587
588    And be it further enacted, That all Justices of the Peace, Mayors Bailiff~ Head Officers and Constables, aswell of
589Cities and Townes Corporate as in everie Countie of this Realme, shall have power and authoritie by force of this
590Acte, yeerelie in this tyme of Lent, to enter into all Howses of Victuallers and common victuallinge Houses within
591theire Jurisdictions, where such Offences shall be suspected to be co~mitted, and findinge any such Oxen Beeves Beevets
592Hogges Calves Rammes Ewes or Weathers killed or dressed, or any parte or parcell of the same, contrary to this
593Statute, shall take and seize the same as forfeited, and shall give and distribute the same to Prisoners and other poore
594Folkes by theire discretion.
595
596    And because the greatest Disorder and Libertie in eating of Fleshe upon Fish daies and Dayes prohibited by the
597Lawe, is co~monlie founde to be in Tavernes co~mon Innes Tabling Houses Cookes Houses Ale Houses and Tipling
598Houses: Be it therefore enacted, That everie Taverner Innekeeper Keeper of everie co~mon Tabling House co~mon
599Cooke co~mon Typler or Alehouse Keeper, offendinge at any tyme hereafter in the dressinge of any Fleshe Victuall
600contrarie to the saide Statute of Anno quinto Elizabeth, or contrarie to this Statute, shall not onelie forfeit all the saide
601Fleshe so dressed, but also the penaltie imposed by the same Statute of Anno quinto Elizabeth, for everie Offence
602to be co~mitted after the Feaste of Saint Michael the Archangell next co~minge; the one halfe of all which Forfeitures,
603(except such Forfeitures as shalbe founde and taken by the Justices of Peace Mayors Bailiff~ Head Officers and
604Constables, accordinge to the tenor of this Acte), shall be to our Sov~aigne Lorde the Kinge; and the other halfe to
605such person or p~sons as shall sue or informe for the same in any Court of Recorde, by Action of Debte Bill Plainte or
606Information, wherein no Essoyne Protection or Wager of Lawe shall be allowed to the Defendant.

page IV,1060

607

CHAPTER XXXI.

608
609

AN ACTE FOR THE CHARITABLE RELIEFE AND ORDERINGE OF P~SONS INFECTED WITH THE PLAGUE.

610
611    Forasmuch as the Inhabitant~ of divers Cities Boroughes Townes Corporate and of other Parishes and Places
612beinge visited with the Plague are founde to be unable to relieve the poorer sorte of such People so infected,
613who of necessitie muste be by some charitable course provided for, leste they should wander abroad and thereby infecte
614others; And Forasmuch as divers persons infected with that Disease, and other inh~itinge in Houses and Places infected,
615as well poore People and unable to relieve themselves that are carefullie provided for, as others which of themselves
616are of Abilitie, beinge co~manded by the Magistrate or Officer, of or within the Place where the Infection shal be, to
617keepe theire Houses or otherwise to seperate themselves from Companie for the avoidinge of further infection, doe
618notwithstandinge very dangerouslie and disorderlie misdemeane themselves: Be it therefore enacted by the Authoritie
619of this present Parliament, That the Mayor Bayliff~ Head Officers and Justices of Peace of everie Citie Borough
620Towne Corporate and Places priviledged, where any Mayor and Bayliff~ Head Officers or Justices of Peace are or
621shall bee, or any two of them, shall have Power and Authoritie from tyme to tyme to taxe and assesse all and everie
622Inhabitant, and all Houses of Habitation Land~ Tenement~ and Hereditam^t~, within the saide Citie Borough Towne
623Corporate and Places priviledged, or the Liberties or Precinct~ thereof, at such reasonable Taxes and Payment~ as they
624shall thinke fit for the reasonable Reliefe of such persons infected, or inhabitinge in Houses and Places infected, in the
625same Cities Boroughes and Townes Corporate and Places priviledged, and from tyme to tyme to levie the same Taxes
626of the Goods of everie person refusinge or neglectinge to pay the saide Taxes, by Warrant under the Hand
627and Seale of the Mayor and Bayliff~ and Head Officers aforesaide, or two suche Justices of Peace, to be directed
628to any p~son or p~sons for the Execution thereof; And if the Partie to whome such Warrant is or shalbe
629directed shall not finde any Goods to levie the same, and the Partie taxed shall refuse to pay the same Taxe,
630That then upon Returne thereof, the saide Mayor Bayliff~ Head Officers or Justices of Peace or any two of them
631shall by like Warrant under theire Hands and Seales cause the same person so taxed to be arrested and co~mitted
632to the Gaole without Baile or Maineprise untill he shall satisfie the same Taxac~on and the Arrerages thereof:
633And if the Inhabitant~ of any such Citie Burrough Towne Corporate or Place priviledged, shall finde themselves unable
634to relieve theire saide poore infected persons and others as aforesaide, that then upon Certificate thereof by the Mayor
635Bayliffe Head Officers and other the saide Justices of Peace, or any two of them, to the Justices of Peace of the Countie
636of or neere to the saide Citie Borough Towne Corporate or priviledged place so infected, or any two of them, to be
637made, the saide Justices of or neere the saide Countie, or any two of them, shall or may taxe and assesse the
638Inhabitant~ of the Countie within five miles of the saide place infected, at such reasonable weekelie Taxes and Rates
639as they shall thinke fit to be levied by Warrant from any such two Justices of Peace of or neere the Countie
640by sale of Goods, and in Default thereof, by Imprisonment of the Bodie of the Partie taxed as aforesaide:

page IV,1061

641And if any such Infection shalbe in any Borough Towne Corporate or priviledged Place where there are or shalbe
642no Justices of Peace, or in any Village or Hamlett within any Countie, that then it shall and may be lawfull for any
643two Justices of Peace of the saide Countie wherein the saide Place infected is or shalbe, to taxe and assesse the
644Inhabitant~ of the saide Countie, within five miles of the saide Place infected, at such reasonable weekelie Taxes and
645Rates as they shall thinke fit for the reasonable Reliefe of the saide places infected, to be levied by warrant from the saide
646Justices of Peace of the same Countie by sale of Goods, and in default thereof by Imprisonment of the Bodie of every
647partie so taxed as aforesaide: The same Taxes made by the saide Justices of Peace of the Countie for the reliefe
648of such Cities Boroughes Townes Corporate and Places priviledged where there are no Justices of Peace, to be
649disposed as they shall thinke fit, And where there are Justices of Peace, then in such sorte as to the Mayor Bayliff~
650Head Officers and Justices of Peace there, or any two of them, shall seeme fitt and convenient: All which Taxes and
651Rates made within any such Citie Borough Towne Corporate or Place priviledged, shall be certified at the next
652Quarter Sessions to be holden within the same Citie Borough Towne Corporate or Place priviledged; And the saide
653Taxes and Rates made within any parte of the saide Countie, shall in like sorte be certified at the next Quarter
654Sessions to be holden in and for the saide Countie: And that if the Justices of Peace at such Quarter Sessions
655respectivelie, or the more part of them, shall thinke it fit the saide Taxe or Rate should contynue, or be inlarged or
656extended to any other part~ of the Countie, or otherwise determined, then the same to be so enlarged extended or
657determined increased or taxed and levied in manner and forme aforesaid, as to the said Justices at the Quarter Sessions
658respectively shalbe thought fit and convenient; and everie Constable and other Officer that shall wilfullie make default
659in levyinge such Money as they shall be co~manded by the saide Warrant or Warrant~, shall forfeite for everie such
660Offence Ten shilling~, to be imployed on the charitable uses aforesaide.
661
662    And be it further enacted, That if any person or p~sons infected, or beinge or dwellinge in any House infected,
663shall be by the Mayor Bayliff~ Constable or other Head Officer of any Citie Borough Towne Corporate priviledged
664Place or Market Towne, or by any Justice of Peace Constable Headboroughe or other Officer of the Countie, (if any
665such Infection be out of any Citie Borough Towne Corporate priviledged Place or Market Towne,) co~manded or
666appointed as aforesaide, to keepe his or theire House for avoidinge of farther Infection, and shall notwithstandinge
667wilfullie and contemptuouslie disobey such Direction and Appointment, offeringe and attemptinge to breake and
668goe Abroade and to resiste, or goinge Abroade and resistinge, such Keepers or Watchmen as shall be appointed as
669aforesaide, to see them kepte in, that then it shall be lawfull for such Watchmen, with violence to enforce them to
670keepe theire Houses; And if any hurte come by such enforcement to such disobedient persons, that then the saide
671Keepers Watchmen and any other their Assistant~ shall not be impeached therefore; And if any infected person as
672aforesaide so co~manded to keepe House, shall contrarie to such Co~mandement wilfullie and contemptuously goe
673abroade, and shall converse in companie, havinge any infectious sore upon hym uncured, that then such person and
674persons shalbe taken deemed and adjudged as a Felon, and to suffer Paines of Death as in case of Felonie; but if
675such person shall not have any such sore found about hym, then for his saide Offence to be punished as a Vagabond
676in all respect~ should or ought to be by the Statute made in the nyne and thirtieth yeere of the Reigne of our late
677Sov~aing Ladie Queene Elizabeth for the punishment of Rogues and Vagabond~, and further to be bounde to his or
678theire good behaviour for one whole yeere. Provided, That no Attainder of Felonie by vertue of this Acte
679shall extend to any Attainder or Corruption of Blood, or forfeiture of any Goods Chattels Land~ Tenement~ or
680Hereditament~.
681
682    And be it further enacted by the authoritie aforesaide, That it shall be lawfull for Justices of Peace Mayors Bayliff~
683and other Head Officers aforesaide to appointe, within the severall Limitt~, Searchers Watchmen Examiners Keepers and
684Buriers, for the persons and places respectivelie infected as aforesaide; and to minister unto them Othes for the
685p~formance of their Offices of Searchers Examiners Watchmen Keepers and Buriers, and give them other directions, as
686unto them for the present necessitie shall seeme good in theire discretions. And this Acte to continue no longer then
687untill the ende of the firste Session of the next Parliament.
688
689    Provided alwaies and be it enacted by authoritie of this p~sent Parliament, That no Mayor Bayliff~ Head Officers
690or any Justices of Peace shall, by force or p~text of any thinge in this Acte conteined, doe or execute any thinge
691before mentioned, within either the Universities of Cambridge or Oxforde, or within any Cathedrall Church, or the
692Liberties or Precinct~ thereof, in this Realme of England, or within the Colledges of Eaton or Winchester; But that
693the Vicechauncellor of either of the Universities for the tyme beinge, within either of the same respectivelie, and the
694Bishop and Deane of everie such Cathedrall Church, or one of them, within such Cathedrall Church, and the
695Provost or Warden of either of the saide Colledges within the same, shall have all such power and authoritie, and shall
696doe and execute all and everie such Acte and Act~ Thinge and Thing~ in this Acte before mentioned, within theire
697severall Precinct~ and Jurisdictions abovesaide, as whollie absolutelie and fullie to all Intent~ and Purposes as any Mayor
698Bailiff~ Head Officers or Justices of Peace within theire severall Precinct~ and Jurisdictions may elswhere by force
699of this Acte doe and execute.