Page images
PDF
EPUB

tenders.

town corporate where fuch offences fhall be prefented, or whereto the jurifdiction of the cause shall appertain.

XXXIII. And that all fuch forfeitures, as according to the tenor of this act fhall be determinable before the juftices of the peace, fhall be to the use of the Queen's majefty, her heirs and fucceffors: (2) and if any perfon fhall be convict by confeffion or otherwife, upon any information made by any person or perfons against any offender or offenders of this act, in any cause (fave for the eating of flesh first before fpecially limited) that then every fuch perfon fo convict upon any information fhall lofe fuch forfeiture as is before limited; the one half thereof to be to fuch as fo fhall make the information, and the other half to thofe, which upon prefentment, without special information, are before limited to have the whole forfeiture.

What process XXXIV. And that for the levying of every forfeiture growfhall be awar- ing by this eftatute, as well the faid lord admiral of England, ded against of- lord warden of the cinque-ports, their lieutenants and judges, as the faid juftices, mayors, theriffs, bailiffs and other head officers within the limits of their commiffions or authorities, have and shall have full power and authority to make such procefs as they shall think good by their discretions.

Within what

be made after the offence committed.

XXXV. Provided always, That no information at the fuit time an infor- of any perfon concerning this act fhall be of any effect to put amation fhall ny perfon to answer or lofs of forfeiture, except the said information be commenced within half a year next after the offence done contrary to this act; (2) nor that any information or prefentment for the Queen's majefty, her heirs or fucceffors, or for the admiral, warden of the cinque-courts, mayors or other officers aforefaid, be of any effect, to put any person to answer or lofs of any forfeiture by virtue of this act, except the faid information or prefentment be within one year next after the offence done and committed contrary to this act.

What diet XXXVI. Provided, and be it likewife enacted, That it shall each perfon be lawful to any perfon or perfons to have at his or their table must have upon his table on upon every Wednesday, being ordered by this eftatute to be obthe Wednef- ferved as a fifh-day, one only ufual competent difh of flesh of day, that shall one kind and no more, fo that he, fhe or they have also served have licence to to the fame table and meafe at the fame meal, three full comcat flesh. EXP. petent usual dishes of fea-fifh of fundry kinds, either fresh or falt, and that without fraud or covin, and so shall also order that the fame fish be meet and seasonable, and that it shall be eaten or spent in like manner as upon Fridays or Saturdays in like cafe are used.

XXXVII. And also fuch perfons as have, or hereafter shall have, upon good and just confideration, any lawful licence to eat fleth upon any fifh-day (except fuch perfons as for sickness fhall for the time be licenfed by the bishop of the diocese or by their curates, or fhall be licensed by reason of age or other impediment allowed heretofore by the ecclefiaftical laws of this realm) fhall be bound by force of this ftatute to have for every one difh of flesh served to be eaten at their table, one usual dish

of

of fea-fifh, fresh or falt, to be likewise served at the fame table, and to be eaten or spent without fraud or covin, as the like kind is or shall be ufually eaten or fpent on Saturdays.

XXXVIII. And that thefe two articles and claufes next above shall be taken and interpreted from time to time in the favour of expence of fea-fifh, and that the offender or offenders herein fhall be punished in like manner as is ordered by the eftatute for punishment of fuch as fhall eat flesh upon Fridays, Saturdays or other fifh-days.

XXXIX. And because no manner of perfon fhall mif-judge of the The intent of intent of this eftatute, limiting orders to eat fish, and to forbear eat- this ftatute ing of flesh, but that the fame is purpofely intended and meant poli- touching eattickly for the increase of fishermen and mariners, and repairing of forbearing of ing of fith and port-towns and navigation, and not for any fuperftition to be main- flesh. tained in the choice of meats:

false news.

XL. Be it enacted, That whofoever fhall by preaching, teaching, Spreaders of writing or open speech notify, that any eating of fish, or forbearing of flesh, mentioned in this ftatute, is of any neceffity for the faving of the foul of man, or that it is the fervice of God, otherwife than as other politick laws are and be; that then fuch perfons fhall be punished as spreaders of falfe news are and ought to be.

XLI. Be it enacted in the favour of fishermen and mariners Fishermen and haunting the fea as fishermen or mariners, That none of them mariners thall shall hereafter, at any time, be compelled against his or their not be compelled to ferve will to ferve as any foldiers upon the land or upon the fea, o- as foldiers, therwise than as a mariner, except it shall be to ferve under any but in fome captain of fome ship or veffel, for landing to do fome fpecial cafes. exploit which mariners have used to do, or under any other perfon having authority to withstand any invasion of enemies, or to fubdue any rebellion within the realm, and also except all fuch perfons as by tenure, lawful custom or covenant, be or fhall be otherwife bound to serve.

XLII. Provided always, and be it enacted by the authority A faving of the aforefaid, That this act, or any thing therein contained, fhall liberties of all not extend to take away or diminish any liberty, privilege, perfons. franchise; forfeiture or amerciament, fines, iffues, wrecks of the fea, or any other lawful inheritance or freehold, from any perfon or perfons, bodies politick or corporate, their heirs or fucceffors, for or touching any lawful liberty, authority or jurifdiction admiral, or for confervation of any water that they or any of them now have lawfully, or hereafter fhall have; any thing in the fame to the contrary notwithstanding.

XLIII. Provided always, and be it further enacted by the In what cafes authority aforefaid, That no fishermen ufing or haunting the a fisherman sea shall be taken by the Queen's majefty's commiffion to ferve thall be taken by commiffion her highness as a mariner on the fea; but that the faid commif- to ferve on the fion be first brought by her Highness taker or takers to two jufti- fea as a marices of peace next adjoining and inhabiting to the faid fea-coafts, ner. towns or other places where the faid mariners are so to be taken, to the intent the faid juftices may choose out and caufe to be returned fuch fufficient number of able men, as in the faid commission

fhall

The liberties

fhall be contained, to serve her Majesty, as is aforefaid. XLIV. Saving always to the cinque-ports, and also to the of the five ports town of Great Yarmouth all fuch lawful liberties as they juftly and great Yarmouth in fome have before the making of this act, touching the free-fair kept cafes referved. at Yarmouth, other than in buying of strangers, and taking of toll, as the fame be before prohibited.

of the lord

The authority XLV. Provided always, That any thing in this act contained shall not be hurtful or prejudicial to any authority, ftile, prewarden of the heminence, dignity or jurisdiction belonging to the office of the cinque ports. lord warden of the cinque-ports.

What wine XLVI. Provided always, That it shall and may be lawful to may be and for any perfon or perfons, being ftrangers born, to bring brought in ftrangers fhips yearly in any fhip, bottom or veffel whereof any stranger or into the ifle of ftrangers born is or shall be owner or owners, into any havens, Man. ports and towns of the ifle of Man, or into any of them, any of the wines made in any of the dominions or countries belonging to the crown of France; and in the fame ports and towns, or any of them, to discharge the faid wines fo to be brought; fo that there be not brought and difcharged by the fame ftrangers, in any such strangers fhips, bottoms or veffels, in any one year, in or at the said havens, ports and towns, or any of them, above one hundred tons at the moft; this act or any thing therein contained to the contrary thereof notwithstanding.

Wine brought in ftrangers fhips into Chepftow.

What wine may be brought in ftrangers ships into Wales

and Newport.

XLVII. Provided alfo, That it fhall and may be lawful to and for any perfon or perfons, being strangers born, to bring yearly in any fhip, veffel or bottom, whereof any ftranger or strangers born is or fhall be owner or owners, into the haven, port and town of Chepstow in the county of Monmouth, any wines made in any of the faid dominions or countries belonging to the faid crown of France, over and befides all Rachel wines heretofore in this act allowed to be brought, and in the fame port and town to difcharge the faid wines, fo that there be not brought and difcharged by the fame strangers in any fuch ftrangers fhips, bottoms or veffels, in any one year, in or at the faid haven, port and town, above one hundred tons at the moft; this act or any thing therein contained to the contrary notwithstanding.

XLVIII. Provided also, That it fhall and may be lawful to and for any perfon or perfons, being strangers born, to bring yearly in any fhip, veffel or bottom, whereof any ftranger or ftrangers born is or fhall be owner or owners, into the havens, ports and towns of Cardiff, Carnarvon, Bewmarris, and other havens, ports and towns of South-Wales and North-Wales, or any of them, and into the haven, port and town of Newport in the faid county of Monmouth, any of the faid wines made in any of the faid dominions or countries belonging to the faid crown of France, over and befides all Rochel wines heretofore in this act allowed to be brought, and in and at the fame ports and towns, or any of them, to difcharge the faid wines fo to be brought, fo that there be not brought and difcharged by the fame ftrangers, in any fuch ftrangers fhips, bottoms or veffels, in any one year, in or at the faid havens, ports and towns, or

any

any

of them, above one hundred tons at the most; this act or any thing therein contained to the contrary thereof notwith

ftanding.

XLIX. Saving unto the Queen's majefty, her heirs and fuc- A faving of the ceffors, all fuch duties and things which her Highness, her heirs Queen'sduties. and fucceffors ought to have and enjoy, be answered and paid, for the faid three hundred tons of wines mentioned in the faid three laft provifoes, to be brought and discharged, as in the fame three provifoes have been mentioned and declared; any thing in this act to the contrary thereof notwithstanding.

L. Provided alfo, and be it further enacted by the authority The lord adaforefaid, That this act, or any thing or things therein contain- miral.&c.shall' ed, fhall not in any manner of wife extend to give unto the lord haveno greater admiral of England for the time being, or to any his vice-admi- he had before. rals, judge or judges of the admiralty, his or their deputy or deputies, or to any other the officers or minifters of the admiralty, or to any others having or claiming any admiral power, jurifdiction or authority within this realm and Wales, or any other the Queen's dominions, any other power, right, jurifdiction, preheminence or authority, than he or they, or any of them, lawfully have, hath or had, or ought to have and enjoy, before the making of this act, other than for fuch of the offences fpecified in this act, as hereafter shall be done upon the main fea, within the jurifdiction of the admiralty; this act or any article, branch, claufe, provifion or thing therein contained to the contrary thereof notwithstanding.

LI. This act fhall continue and endure until the end of ten whole years, to be accounted from the feast of St. Michael the archangel, which fhall be in the year of our lord God one thoufand five hundred fixty-four, and from thence to the end of the next parliament then following the end of the said ten years. In part continued by 39 Eliz. c. 18. 1 Fac. 1. c. 25. 21 Fac. 1. c. 28. 3 Car. 1.c.4. and further continued by 16 Car. 1. c. 4. All of this Statute, that at any time was repealed, is repealed by 35 Eliz.c.7. CAP. VI.

&

Whofoever shall fell or deliver to any perfon (having not in poffeffion, lands or fees, to the clear yearly value of 3000li.) any foreign wares not first grown, or firft wrought within the Queen's dominions, appertaining to the clothing or adorning of the body, for which wares, or the workmanship thereof, the feller fhall not have received the whole money, or fatisfaction in hand, or within eight and twenty days after the making or delivery thereof; the feller, maker, &c. fhall be without all remedy by order of any law, cuftom or degree, to recover any recompenfe for fuch wares, or the workmanship, whatsoever affurance he shall have by bond, furety, promife or pain of the party, or any other: and all affurances and bonds in that cafe fhall be void. 38 Ed. 3. ftat. 1. c. 5. 7 Jac. To endure to the end of the next parliament.

1. C. 12.

No perfon fhall

CAP. VII.

An act avoiding divers foreign wares made by handicraftsmen beyond the feas.

X7HEREAS heretofore the artificers of this realm of England bring into this (as well within the city of London as within other cities, realm to be fold, girdles, towns and boroughs of the fame realm) that is to wit, girdlers, cutrapiers, dag lers, fadlers, glovers, point-makers, and fuch like handicraftsmen, gers,&c.ready have been in their faid faculties greatly wrought, and greatly fet on wrought and work, as well for fuftentation of themfelves, their wives and famimade beyond the feas. lies, as for a good education of a great part of the youth of this realm in good art and laudible exercife, befides the manifold benefits, that by means or by reafon of their knowledges, inventions and continual travel, daily and univerfally came to the whole eftate of the commonwealth of the faid realm.

The feveral

cies of bring

II. Yet notwithstanding fo now it is, that by reafon of the abuninconvenien- dance of foreign wares brought into this realm from the parts of being wares rea- yond the feas, the faid artificers are not only lefs occupied, and thereby dy wrought utterly impoverished, the youth not trained in the faid fciences and exinto England. ercifes, and thereby the faid faculties, and the exquifite knowledges

None shall

bring into this

realm the

wares with-
in mentioned

ready
wrought.
3 Ed. 4. c. 4.
R. 3. c. 12.
27 El. c. 11.

[ocr errors]

thereof, like in fhort time within this realm to decay; but also divers cities and towns within this realm of England much thereby impaired, the whole realm greatly endamaged, and other countries notably enriched, and the people thereof well fet on work, to their commodities and livings, in the arts and Sciences aforefaid, and to the great difcouragement of skilful workmen of this realm, being in very deed nothing inferior to any ftranger in the faculties aforefaid.

III. For reformation whereof, be it enacted by our fovereign lady the Queen's highness, and by the lords fpiritual and temporal, and the commons of this prefent parliament assembled, and by the authority of the fame, That no perfon or perfons whatsoever, from or after the feaft of the nativity of St. John Baptift now next enfuing, fhall bring or caufe to be brought into this realm of England from the parts of beyond the feas, any girdles, harness for girdles, rapiers, daggers, knives, hilts, pummels, lockets, chapes, dagger-blades, handles, fcabbards, and fheaths for knives, faddles, horfe-harnefs, ftirrups, bits, gloves, points, leather-laces or pins, being ready made or wrought in any parts of beyond the feas, to be fold, bartered or exchanged within this realm of England or Wales; (2) upon pain to forfeit all fuch wares fo to be brought contrary to the true meaning of this act, in whole hands foever they or any of them fhall be found, or the very value thereof: the one half of the forfeiture to be to our fovereign lady the Queen's highness, her heirs and fucceffors, and the other moiety thereof to him or them that will feise the fame, or fue therefore in any court of record of the Queen's majesty, her heirs and fucceffors, by action of debt, bill, plaint, information or otherwife, where no wager of law, effoin or protection, fhall be to him or them allowed, (3) This act to continue and endure to the end of the next parliament. 3 Car. I. c. 4. continued till the end of the firft feffion of the next parliament, and farther continued by 16 Car. 1.c.4.

САР.

« PreviousContinue »