A revivor of IX. And where one branch or article contained in the ftatute made the statute of in the fecond and third year of the reign of the late King Edward 2 & 3 Ed. 6. the Sixth, intituled, An act touching the true fervice of captains and C. 2. 1 M. feff. 1. C. I. 2 & 3 Ed. 6. taken toward foldiers, whereby the departure of any foldier, ferving as in the faid act is expreffed, without licence of the lieutenant or other officer or officers named in the faid act, or in their abfence, of their deputies, was made felony, is of no force, ftrength, ne effect, at this present, by reafon of the act of repeal of certain treasons, felonies and præmunire, made in the first feffions of the parliament holden at Westminster in the first year of the Queen's majesty's reign: (2) Be it for good and reasonable confiderations enacted and established by the authority of this present parliament, That the faid branch or article, and every fentence and matter therein contained, be from henceforth wholly revived and recontinued, and be and remain in full ftrength and effect, to all intents, conftructions and purposes, the faid act of repeal notwithstanding: (3) And that all and every other article, claufe, provifo and matter contained in the fame act, fhall stand, remain and be in their full force, effect and strength; any thing in this act contained to the contrary notwithstanding. X. And yet nevertheless where in the faid act it is provided, That no perfon or perfons fhould be charged for the taking or receiving of any gift or reward of any of his or their tenants or friends towards the relief, aid or help of the fame perfons being commanded to ferve in wars, or otherwife to find men on horseback or on foot, withWhat relief of in this realm or without; (2) nor for the gift, reward, aid, or help friends or te- referved, or covenanted to be paid or given to any perfon appointed to nants may be ferve in wars, or to find horfe or men to ferve, by reafon of any fervice in war, grant, covenant, refervation, custom or tenure; any thing in the Jaid act to the contrary notwithstanding, as by the faid act and provifo more plainly it doth and may appear: (3) Be it enacted by the authority of this prefent parliament, That no perfon or persons fhall or may by colour of the faid provifo, or of any words or matter therein contained, exact or demand, or levy any fum or fums of money, horfe, armour or any other thing, other than fhall be imployed forthwith in the prefent fervice of thofe wars, of the King and Queen's majefties, her heirs or fucceffors, for which it is levied: the which fum or fums of money, horse, armour or other thing, or as much thereof as fhall not be fpent, loft or confumed in the faid fervice, fhall be rendred and restored to such person or perfons as paid or delivered the fame, upon the penalties and forfeitures contained in the faid cities, bo roughs or act. XI. Provided always, That no perfon or perfons inhabiting Inhabitants in within any city, borough or town corporate, being a county of itself, or in which any juftices of peace be or hereafter fhall towns corpo- be by charter, fhall be compellable by virtue of this act to porate, fhall be make his or their appearance with fuch furniture as is aforemustered only faid, at any mufter hereafter to be had or taken out of the suburbs, precinct or liberties of the fame city, borough or town, nor before any person or persons authorifed by commiffion or otherwise, within the fame. otherwise, as is aforefaid, unless the mayor, or other head officer of fuch city, borough or town, and one other discreet inhabitant of the fame at the leaft, be joined in the fame commiffion or other authority, as is aforefaid, with the same person or perfons fo authorised, any thing before mentioned to the contrary notwithstanding. CAP. IV. An act that acceffaries in murder and divers felonies fhall not have the benefit of clergy. OR the due punishment of fuch as command, counsel or hire Acceffaries in have their 186. 11 Co. 36. any perfon or perfons to commit, perpetrate or do any petty petty treafon, treafon, wilful murder, or any of the offences in this prefent act felony, murmentioned: (2) Be it enacted by the authority of this prefent der, shall not parliament, That all and every perfon and perfons, that after clergy. the first day of March next coming fhall maliciously command, 2 & 3 P. & M. hire or counsel any perfon or perfons to commit or do any petty c. 17. treafon, wilful murder, or to do any robbery in any dwelling- Savil 46. house or houses, or to commit or do any robbery in or near any Dyer, 183, highway in the realm of England, or in any other the Queen's dominions, or to commit or do any robbery in any place within the marches of England against Scotland, or willfully to burn any dwelling-houfe or any part thereof, or any barn then having corn or grain in the fame; that then every fuch offender or offenders, and every of them being outlawed thereof, or being thereof arraigned and found guilty by the order of the law, or being otherwife lawfully attainted or convicted of the fame offence; or being arraigned thereof do ftand mute of malice or froward mind, or do challenge peremptory above the number of twenty perfons, or will not anfwer directly to fuch offence, fhall not have the benefit of his or their clergy. II. Provided always, and be it enacted, That every lord and Trial of a lord lords of the parliament, and peer and peers of the realm, ha- by his peers. ving place and voice in the parliament upon every indictment for any of the offences aforefaid, fhall be tried by their peers, as hath been accustomed by the laws of this realm. CAP. V. An act touching the making of woolen clothes. Wfifth This act repealed as to the over lengths of clothes. clothes fhall be HERE in the parliament holden at Weftminster in the 43 El. c. 10. fg. fifth and fixth year of the reign of our late fovereign lord King How woolen Edward the Sixth there was, by great deliberation and advice, one made in good act made for the true and perfect making of woolen cloth with- length, in this realm; (2) fithence the making whereof, divers clothiers breadth, and found themfelves agrieved, alledging, That it is impoffible for them to weight, and obferve the fame act in all points, and have in this prefent parliament ders therein prayed fome mitigation thereof: It is therefore at their special in- fhall be puftance and requeft ordered, established, enacted and provided, nifhed. in manner and form following: II. Imprimis, That every white cloth and clothes commonly 3 called how the offen 5 & 6 Ed. 6. c. 6. lifted whites Long Worcef- called long Worcesters, and all like clothes of like making menters, broad tioned in the faid act, which by the fame was limited to weigh not to weigh eighty-four pounds, being well fcoured, thicked, milled and lefs than fe fully dried, shall weigh threefcore and fifteen pounds at the venty-five leaft. pounds. III. Item, Every white cloth which fhall be made in the 27 El. c. 17. White clothes counties of Wiltshire, Gloucester and Somerset, or any of them, of Gloucefter, or elsewhere of like making, being appointed by the faid act to Wiltshire, So- weigh fixty-four pounds, fhall weigh, being well scoured, thickmerfet. ed, milled and fully dried, fixty-one pounds at the least. The weight of IV. Item, Every broad-cloth made in the fhires of Kent and broad clothes. Suffex, or at the town of Reading, or any of them, or elsewhere Explained by of like making, mentioned in the faid act, which by the fame Jac. I. c. 2. was limited to weigh xc. pounds at the leaft, fhall weigh, being 1.25. well fcoured, thicked, milled and full dried, lxxxvi, 1. at the leaft. Coarfe fhort cloth. Handywarp. the weight by 43 El. c. 10. f. 5. Lifts of handywarps. Broad cloth made in the Weft-riding in Yorkshire. Ordinary kerfie. V. Item, That every coarfe fhort cloth made in the shires of Suffolk, Norfolk and Effex, or any of them, or elsewhere oflike fort; and every coarse cloth to be made within the fhire of Kent, not exceeding the price of vi. 1. all which by the faid act are appointed to contain feven quarters of a yard at the least in breadth, fhall contain and be at the water, being thorow wet, fix quarters and a half within the lift thorow and by all the whole cloth at the least VI. Item, Every yard of cloth commonly called handywarp, being well fcoured, thicked, milled and fully dried, fhall contain the breadth fpecified in the faid act, and fhall weigh two pounds and a half at the leaft. VII. And forafmuch as many perfons do counterfeit the making of Cockfal, Bocking and Braintree clothes, commonly called handywarps, adding thereunto fuch like lifts as the makers of fuch clothes do, to the great deceit of the King and Queen's majesties fubjects: (2) Be it therefore enacted, That no perfon or perfons from the first day of May next coming fhall add unto any cloth or clothes any fuch like lift or lifts, except the warp thereof be spun upon the rock or diftaff, upon pain of forfeiture of the fame cloth or clothes, or the very value thereof: (3) Provided always, That the cloth-makers within the city of Worcester may make such lifts as they have done heretofore. VIII. Item, That no perfon or persons inhabiting within the weft-riding in the county of York fhall make or caufe to be made any broad-cloth or clothes called pewkes, tawnies, violets or greens, except the wool thereof before it be converted into yarn be first dyed, litted and coloured with the colour blue, of the value of ij. d. a pound, upon pain of forfeiture of every fuch coloured cloth, or the value thereof, whereof the wool fhall not be firft dyed, litted and coloured with the colour blue, of ij. d. a pound, as is aforefaid. IX. Item, That every ordinary kerfie mentioned in the faid act shall contain in length in the water betwixt xvi. and xvii, yards, yard and inch; and being well fcoured, thicked, milled, dreffed dreffed and fully dried, fhall weigh nineteen pounds the piece at Sorting kerfie. the leaft: (2) Ánd every kerfie called Sorting kerfie, mentioned 14 El. c. 10. in the faid act, being well fcoured, thicked, milled, dreffed and 3 Jac. 1. c. 16. fully dried, ready to be fhewed, fhall weigh xxii pound at the leaft. X. And that every Devonshire kerfie, called Doffon, the which Devonshire is appointed by the fame ftatute to weigh, being dry, xiv. kerfie. pounds at the leaft, fhall weigh, being well fcoured, thicked, imilled and fully dried, after the rate of every yard one pound at the leaft. XI. Item. That one article mentioned in the faid ftatute Welch linings. concerning Welch cottons, touching the length and weight, 5 & 6 Ed. 6. fhall be clearly void; (2) and every gode of Welch lining shall č. 6. f. 16.. contain and be three quarters of a yard in breadth in the water, and fhall weigh one pound and a half quarter; (3) and every yard of cotton being fully wrought and cottoned fhall weigh one pound at the least. 8 El. c. 7. XII. And be it further enacted, That no perfon or perfons None that buy which fhall buy to fell again by way of retail, or otherwise, any to fell again of the faid Welch linings, fhall drefs or work, or caufe to be shall work any Welch lining. dreffed or wrought within his or their dwelling-house or houses, or in any other place, by himself or his fervant or fervants, any of the faid Welch linings, but fhall put the fame to fome fuch perfon or persons as fhall be of the art or fcience of sheermen, cottoners or frifers, to be by them wrought and dreffed, upon pain of forfeiture for every Welch cotton or lining frifed or cottoned to the contrary, vj. s. viij. d. may be di XIII. Item, That all and every cotton or cottons called Man- Cotton, rugs chefter, Lancashire and Cheshire cottons, and all cloths called and frifes, Manchefter rugs, or Manchester frifes, may be divided into two vided into two half pieces, and fhall contain and be after the rate of fuch pieces. breadth and weight as in the faid act is limited and appointed to be a whole piece of every the feveral pieces of cottons and rugs aforefaid; any thing in the faid former statute to the contrary in any wife notwithstanding. measures. XIV. And if any cloth or kerfie of the feveral kinds of mak- Forfeiture for ings mentioned in the faid former act, or this ftatute, do ex- defaults in ceed the several lengths mentioned in the fame, that then every lengths and yard fo exceeding fhall weigh after fuch rate as every yard of fuch cloth or kerfies containing the faid feveral lengths fhall or ought to weigh, upon pain of forfeiture for every yard not weighing after fuch rate, v. s. XV. And if any fuch cloth or kerfies fhall lack of fuch weight as by the faid ftatute or this act it ought and is appointed to have, then the maker thereof, or other perfon in whofe hands or poffeffion the fame fhall be found, fhall forfeit for every pound lacking above iv. l. v. s. and also for every pound exceeding, not above iv. 1. ij. s. in manner and form as in the said former act is appointed. XVI. Item, Öne article mentioned in the faid ftatute, where- The aulne in the aulneger is prohibited to fet his feal to any cloth or kerfie ger's feal. VOL. VI. H which 5 & 6 Ed. 6. How faulty cloth fhall be used. No defective cloth fhall be returned, but which shall prove purfy, bandy, fqually, in or by warp or woof, or elfe fhall happen to be evil burled or wasted in the mill, or otherwife to be full of holes, mill-bracks, or to be holely, shall be void and of none effect. XVII. Item, It is enacted, That if at any time after the first day of May, any cloth or kerfie, through the default or negligence of the carders, fpinners or weavers, or any of them, Thall or do prove purfy, cockly, bandy, fqually or rowy by warp or woof, or elfe fhall happen to be evil burled, or wafted in the mill, or elfe through the default or negligence of the mill-man, or otherwise, to be full of holes, mill-bracks, or to be holely, that then the maker of every fuch cloth or kerfie fo being defective or faulty as is aforefaid, fhall fix unto every end of the faid cloth or kerfie fo being defective and faulty, and offered to be fold, one feal of lead, in the which feal fhall be ingraved this word (faulty) upon pain of forfeiture of fuch cloth or kerfie, or the value thereof, fo offered to be fold, whereunto such seal shall not be set. XVIII Item, The article mentioned in the faid former act, of returning of defective clothes, kerfies, frifes or cottons, being the merchant tranfported over the feas by the merchants, fhall be utterly void. fhall be recom- (2) But nevertheless, be it enacted by the authority aforesaid, penfed upon a That if it fhall fortune hereafter any merchant or merchants to certificate brought. Repealed by 43 El. c. 10. 9. touching thefe certifi cates. Cloth wanting length, &c. whereunto the transport any cloth or clothes, kerfies, frifes or cottons, whereunto the feal with this word (faulty) was not annexed at the time of the fale thereof by the clothier, and the fame clothes, kerfies, frifes or cottons, fo tranfported, or any of them, to be found faulty or defective, and the fame merchant or merchants thereof, within two years after fuch fale, to bring a certificate fealed with the feal of any town or company in the parts beyond the feas, or figned by a notary there after the accustomed manner, teftifying and declaring thereby the lofs and damage which the merchants fhall have fuftained by fuch defective and faulty cloth or clothes fo tranfported; (3) that then the clothier or clothiers, or other perfon of whom the cloth or clothes was bought, their executors or administrators, fhall within fix weeks next after requeft made by the said merchant, his executors, adminiftrators or affigns, well and truly fatisfy, content and pay to fuch merchant, his executors, administrators, or affigns, all and every fuch fum and fums of money, as fhall be mentioned, expreffed and declared in the faid certificate; (4) upon pain of forfeiture to the party grieved for every non-payment upon fuch requeft, double the value of fuch fum or fums mentioned in the faid certificate. XIX. Provided always, That fuch merchant shall not in any wife have, by virtue of this act, any recompence for lack of feal of a city, length, breadth or weight, of or for any cloth whereunto the &c. fhall be af- feal of any city, borough or town corporate fhall be fixed. XX. Item, If any perfon fhall by himself, or by any other ing, fetting to, perfon by him procured, counterfeit, fet to, or take away from or taking a-- any cloth, kerfie, frise, rug or cotton, any seal appointed to be way of any fixed. Counterfeit fixed |