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A23017 Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster 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 the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth; Laws, etc. England and Wales. 1564 (1564) STC 9464.5; ESTC S113166 167,827 188

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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 shal be 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 shal be 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 shal be 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 shal be 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 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 shal be 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 shal be 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 shal be 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 y t 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 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
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 shal be 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 shal be kepte there stande openly vpon the Pyllorie by the space of .vi. houres and there shall openly confesse his or her errour and 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 shal be 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 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 shal be 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 shal be taken before the Customers or theyr deputies or Searcher of euery such Porte where the same Horse or Geldyng shal be 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 shal be 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 of the countie or place where they or he shal be 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
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 th one moitie therof to be to the kyng thother to the partie that would sue for y e same as by the same estatute amonges diuers other thynges more plainly it doth appeare Sithens y t makyng wherof for that the said penaltie is so smal towardes the offendours in y t 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 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 shal be 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 Realme of Englande or Wales or the marches of the same vntyll such tyme as the iudgement geuen agaynst the sayd person or persons shal be 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