<P_3,755>

<heading>

CHAPTER XI . (STAT-1540-E1-P1,3,755.3)

An Acte conc~nyng stelyng of Hauk~ egg~ Conyes & Deere .
(STAT-1540-E1-P1,3,755.4)

</heading>

Forasmuche as Justice and equity requier that every inheritour and
possessour of manours landis or tenementis within the realme of England
, shulde according to their estatis or possessions , peaseably and
quietly have take and enjoye the profittes revenues and commodities of
the same , aswell in thinges of pleasure as in thinges co~munly
valueable , without injury rapyne or other extorte wronge to be
co~mitted or doon to any of them within or uppon the same ; And where
in the p~lament holden at Westm~ in xi=th= yere of the reigne of the
noble prince of famouse memory King Henry the seventh it was ordeynid
and amongest other thinges enacted that no man of what condition or
degree soever he be shulde take or cause to be taken the egges of any
fawcon Goshawke or lanerd out of the nest uppon payne of imprisonment
by one yere and further to fyne at the Kinges will : The p~misses
notwithstanding divers ydell and evill disposid p~sonnes have not
desisted nor forborne to take egges of faucons goshaukes and lanerd~
out of the neestis , nor to take and steale deere conyes and rabbitt~
by day and by night , wherof manny tymes have ensued manslaughters and
other greate hurtes and inconveniences , and the increasis of the
Kinges hauk~ within this realme been in maner destroyed , and the
prices of the said conyes and rabett~ which be one of the commodiouse
vitals of this realme much enhaunced , to the comon hurt and p~judice
of all the Kinges subjectis of the same : Be it therefore ordeynid and
enactid by auctoritie of this present p~lament that if any p~sonne or
p~sonnes after the feast of the Nativitie of our Lady Sainct Mary next
comyng unlaufully or wrongfully take or cause to be taken any egge or
eggis of any fawcon or goshauke or lanerd , or the birdes of any fawcon
goshawke or lanerd , out or from any nest or nestis of any fawcon
goshauke or lanerd within any wood ground or place of any other p~sonne
or p~sones within this realme , That the same offence and offences and
every of them $shall $be {TEXT:shalbe} adjudged and taken to be felony
, And thoffendour and offendours therein being therof laufully
convictid and attaynted $shall $have {TEXT:shalhave} and suffre suche
paynes of death and shall lose and forfaite their good~ and cattall~
landis and tenementis as in cases of felonye by the course of the
co~mon lawes of this realme . (STAT-1540-E1-P1,3,755.6)

Be it also enactid by auctoritie of this p~sent p~lament that if any
p~son or p~sonnes , after the said feast of the Nativitie of our Lady
next comyng , at anny tyme of the day , that is to say betwene the tyme
of the arrising of the sonne and going down of the same , with his face
hid or coverid with hoode or visar or with his face paintid or himself
otherwise disguysid , to thintent that he wold not be knowen ,
wrongefully take kill or slee any Deere within anny parke or closed
ground used for Deere , or with any hay or other nette or with any
fyrrett or pursenett any of the conyes or <P_3,756> rabettis being
within any parke or ground closed for maynten=a=nce or keping of Deere
, or in any place being laufull warren , except it be suche p~sonne or
p~sones as hath or $shall $have {TEXT:shalhave} the keping or be
maistre of the game of suche parkes or ground~ closed for Deere , or
that have or $shall $have {TEXT:shalhave} the said conyes or rabettis
in ferme or $shall $be {TEXT:shalbe} laufully licenced so to doo ; Or
if any p~sone or p~sones at any tyme of the night , that is to say
betwene the tyme of going downe of the sonne and arrising of the same
take kill or sle any Deere within any parke or closed grounde for Deere
, or with any hay or other nette or with any fyrrett or pursnett any of
the conyes or rabbitt~ in any parke closed ground or warren as is above
written , except it be suche p~sone or p~sonnes as hath or $shall $have
{TEXT:shalhave} the keaping or be maisters of the game of suche parkes
or cloased groundis for Deere , or that have or $shall $have
{TEXT:shalhave} the said conyes and rabettis in ferme or $shall $be
{TEXT:shalbe} laufully licenced so to doo ; that all suche offences and
ev~y of them $shall $be {TEXT:shalbe} adjudged and taken felony ; and
that thoffendour and offendours therin being therof laufully attayntid
$shall $have {TEXT:shalhave} and suffre suche paynes of death and shall
lose and forfaicte their goodis and cattall~ landis and tenementis as
in caces of felony by the course of the co~mon lawes of this realme .
(STAT-1540-E1-P1,3,756.7)

Provided alway and be it enactid by thauctoritie aforesaid , that no
maner of p~sonne or p~sonnes shal herafter be made demed or taken by
any maner of meane as accessory or accessories to any offendour or
offendours in any thing above written , but only suche p~sonne or
p~sonnes as shal $herafter {TEXT:herafer} abbette or procure any
p~sonne or p~sonnes to comitt or doo any of the offences above written
contrary to this said acte , which p~sone and p~sonnes so abetting or
procuring shall after such offence doon by auctoritie of this acte be
adjudged demed and taken as accessory or accessories in like maner as
in caces of felony at the co~mon lawe . (STAT-1540-E1-P1,3,756.8)

Provided alway that any wourde article clause sentence forfaiture payne
or punyshment in the actes above written declarid , shall not in any
wise extend to any p~sone or p~sones that shall hunt take kill or slee
any conyes or rabbettis by day or by night contrary to this acte in any
chaces forrestis or warrennes of the Kinges the Quenys the Princes or
of any other p~sones , set lying and being within the Kinges dominion
of Wales or in the borders against Scotland , The forrest of Snowden in
Wales only exceptid , any thing above written notwithstanding .
(STAT-1540-E1-P1,3,756.9)

Provided also and be it enactid that this acte or any thing therin
conteynid extend not to any p~sone or p~sonnes which shall not be
laufully inditid or appeled of any of thoffences above written within
one yere after any suche offence co~mittid or doon , this acte or any
thing therin conteyned to the contrary notwithstanding .
(STAT-1540-E1-P1,3,756.10)

Provided alway that this acte or any thing therin conteynid extend not
to any parke or inclosed grounde usid for Deere , heretofore had or
made without the graunt or lycence of our Souveraine Lorde the King or
of any of his noble progenitours , or otherwise not allowed or approved
of recorde ; nor to any groundis herafter to be imparkid or inclosid
for Deere by any of the Kinges subjectis , nor to any groundes not nowe
usid as a warren for or of any conyes at this p~sent tyme ; nor to anny
p~sone or p~sonnes being freeholder copiholder lessee for terme of
yeris for terme of lif or any astate of inheritaunce , for or in any
wise concerning taking killing or sleying by any maner $or {TEXT:of}
meane of any conyes or rabettis in or uppon any bury within his awne
grounde or soyle , or elliswhere within the same his ground or soyle ,
being no burye , with bowe arrowe firrett or pursenette ; any thinges
bifore in this acte conteynid to the contrary in any wise
notwithstanding . (STAT-1540-E1-P1,3,756.11)

<P_3,854>

<heading>

CHAPTER XVIII . (STAT-1540-E1-P1,3,854.14)

An Acte for true makinge of Kersies . (STAT-1540-E1-P1,3,854.15)

</heading>

Where at the Parliament holden at London in the thirde day of November
in the one and twentieth yere of our moste dread Soveraigne Lorde the
Kinges most gracious raigne that nowe ys , and from thence adjourned to
Westm~ and there contynued by sundrie progaco~ns unto the fourth daye
of Februarie in the xxvij=th= yere of his Graces saide raigne , It was
ordeyned and enacted , in the Session of the saide Parliament in the
saide seven & twentith yere amongest other thing~ , that after the
Feast of Saincte Michaell tharchaungell next ensuynge after the makinge
of the saide acte , everie Clothier within this Realme sholde sett his
seale of lead unto everie Clothe and Kersey that shold be redy made and
dressed to be put to sale , in whiche seale of lead sholde be conteyned
the true and juste content of the lenghe of everie of the same Clothes
or Kerseyes as it sholde be duely founde by everie buyer of the same
upon due proufe thereof to be tried by the water ; And in case upon any
suche profe to be made by any buyer of them at the water there sholde
be founde less and smaller content in lenghe then sholde be conteyned
and sp~ified in everie of the saide seales , that then everie suche
clothier makinge suche defaulte sholde lose and forfeyte unto everie
suche buyer of the same the double value of so muche clothe as sholde
want or lacke of his saide content in lenghe , at the onely sight and
judgment of any two indifferent p~sons that sholde measure the saide
Clothes and Karseyes : (STAT-1540-E1-P1,3,854.17)

And furthermore it was enacted by the saide acte that everie kersey so
to be $put $to {TEXT:putto} sale sholde conteyne in breadeth one yarde
within the liste , upon due profe thereof to be tried by the water ,
upon peyne to forfeyte for everie suche kersey lacking of the saide
content in bredth twenty penc~ , as by the same acte amongest other
thing~ therin conteyned more at large it is exp~ssed and may appere :
Whiche saide acte yf it sholde be putt in execuco~n sholde not-4
onelye-5 growe and be to the great losses and decaye of the Kings~
Highnes Customes , but also to the great hindraunce hurte and
ympoverishment of the Kinge~ lovinge and obedient subjects , and
specially of those inhabitinge within the Counties of Berk Sutht~
Oxfordedshire Surrey Sussex and Yorkeshire , where there are a great
nomber of course kerseyes made beinge of the value of thirtie shilling~
the pece or thereabout~ , whiche kerseys are made of course wooll and
are co~monly solde for twenty pence or xxij d. the yarde coloured , of
whiche course sorte of kerseyes there are co~monly made in the saide
Counties fyve hundred againste one fyne kersey , by the makinge and
workinge whereof a great nomber of the King~ subject~ are sett a worke
and gett their living~ , whiche course kerseyes are uttered unto the
farr part~ beyond the sea and fewe or none uttered in this Realme , and
have not been used sithe the remembrance of man to be made of suche
content in bredith as ys lymitted in the said estatute ; for that the
woll and yarne wherof the saide karsayes are made be of suche kindes
and p~pertyes , aswell by reason of the coursnes of the woll as also
for the manyfolde difference of sundrie spynnyng~ of the same , and for
div~se other consideraco~ns the kerseyes thereof made $can $not
{TEXT:cannot} be so certenly wroughte as the same sholde and myght kepe
any true or just certentye of lenghe or breadeth throughlye when it
shall come to the water , althoughe the workers and makers of the same
due putt thereunto the best of their forces and diligence , as by
experience and proofe thereof hathe bene dulye p~ved and ys nowe right
well p~ceyved ; by occaco~n whereof the makers and workers of suche
course kerseies sholde be compelled either to forsake their mysteries
of makinge of suche course kerseyes , wherby many thousand~ p~sons
dwelling within this Realme , and speciallye within the Counties above
rehersed , nowe havinge good & competente lyvinges shoulde be
unoccupied and fall to idlenes , or els to incurre the daunger and
penaltye of the saide estatute to their utter undoinge : For remedy
whereof be it enacted by the Kinge our Soveraigne Lorde the Lordes
sp~uall and temporall and the Co~mons in this p~sent Parliament
assembled and by authoritie of the same , that from hensforth it shall
and maye be laufull to all and everie of the King~ subject~ , to make
worke and $put $to {TEXT:putto} sale at their lib~tye and pleasure all
manner of suche coloured kersey and kerseyes whiche $shall $be
{TEXT:shalbe} solde at or for twenty pence or xxij d. the yarde , or
under and not above , of suche lenghes and breadethes as they did myght
or were wonte to doe before the makinge of the said acte made in the
saide seven and twentieth yere of our saide Soveraigne Lorde the $King~
raigne , or any other acte , without incurringe or ru~nynge into any
daunger or penaltie for the same ; the saide acte made in the saide
xxvij=th= yere or any thinge therin conteyned or any other acte or
statute made to the cont=a=rie notwithstandinge .
(STAT-1540-E1-P1,3,854.18)

Provided alwaye that all manner of Kerseyes to be made wrought and $put
$to {TEXT:putto} sale within this Realme , of the colours of blacke
Marble russett or white , whiche saide colours be co~monly solde and
retayled within this Realme , $shall $be {TEXT:shalbe} made of suche
content in Breadeth as is lymitted in the saide former Acte , upon
peyne in the same former Acte conteyned ; any thinge in this p~sent
Acte conteyned to the cont=a=rie notwithstandinge .
(STAT-1540-E1-P1,3,854.19)

And it is further enacted by thauctoritie aforesaide , That all and
everie p~son or p~sons whiche shall make or worke any Kerseyes of the
prices above rehersed or under , shall at all tymes hereafter from tyme
to tyme make the same Kerseyes trulye without deceipte ; And that they
or any of them do nor shall falsefye or untrulie make or stoppe any
manner Kerseyes withe flock~ thru~mes or other deceivable things or
things to the deceite of any p~son or p~sons ; nor shall by colour of
any lib~tye to them geven or other matter comprised in this estatute
make worke and $put $to {TEXT:putto} sale any coloured Kersey or
Kerseyes of the price above rehersed , whiche shall conteyne any lesse
in bredth than thre quarters of a yarde and one nayle within the liste
to be tried at the Water ; upon peyne to forfeyte for everie Kersey so
falslye made or stopped withe flock~ thru~mes or other deceyvable
thinge or thing~ to the deceite of any p~son or p~sons Twenty shilling~
; and upon peyne to forfeyte for everie suche coloured Kersey of the
price above rehersed , to be made and $put $to {TEXT:putto} sale not
conteyninge thre Quarters of a yarde and one nayle in Breadth within
the Liste to be tried at the Water as ys aforesaide , Twentye pence ;
the one halfe of whiche forfeytures to be to our Soveraigne Lorde the
<P_3,855> Kinge and thother halfe thereof to be to him or them that
will sue for the same in any of the King~ Court~ of Recorde by acc~on
of Dett Bill Playnte or Informac~on , wherein the Defendaunts shall not
be receyved to wage his lawe nor anye essoyne or p~tecc~on for suche
Defendaunte to be allowed . (STAT-1540-E1-P1,3,855.20)

Provided alwaye that the saide former Acte made in the saide xxvij=th=
yere , and all Clauses and Articles in the same conteyned , other then
concerning the breadeth of coloured Kerseyes of the prices afore
rehersed shall stande and be in their full strenghe and effecte and be
kepte and observed , accordinge to the tenour and purporte of the same
Acte . (STAT-1540-E1-P1,3,855.21)

Provided also and be it enacted by the auctoritie aforesaide , That the
Aulnager of ev~ye County shall and maye laufullye seale everie of the
same coloured Kerseyes of the prices abovesaide , in like manner and
fourme as he or they shoulde or myght have done yf the saide former
Acte had never bene had nor made . (STAT-1540-E1-P1,3,855.22)

Provided also that none of the said Kerseyes of the prices afore
lymitted , nor any other Kersey or Brode Clothe made within this Realme
to be uttered and soulde , $shall $be {TEXT:shalbe} $put $to
{TEXT:putto} sale before that they and everie of them $shall $be
{TEXT:shalbe} sealed by the Aulnager withe the Kings Seale as hathe
bene accustomed . (STAT-1540-E1-P1,3,855.23)

<P_3,996>

<heading>

CHAPTER IX . (STAT-1540-E1-P1,3,996.26)

An Acte against Usurye . (STAT-1540-E1-P1,3,996.27)

</heading>

Wheare before this tyme div~se and sondrie Actes Statut~ and Lawes have
bene ordeyned had & made within this Realme for thavoydinge and
punyshment of Usurye , beinge a thinge unlaufull , and of other
corrupte bargaynes shift~ and chev=s=nses , w=ch= Actes Statut~ and
Lawes ben soe obscure and darke in sentenc~ wordes and termes , and
upon the same soe many doubt~ ambiguyties and questions have risen and
growen , & the same Actes Statut~ and Lawes bene of so litle force and
effect , that by reason therof litle or noe punyshment hath ensued to
theoffendors of the same , but rather hath encouraged them to use the
same : For Reformac~on wherof bee it enacted by the King our Sov~aigne
lorde by thassent of the Lords sp~uall and temporall and of the Comens
in this p~sent Parliament assembled and by thauctoritie of the same ,
that all and everie the saide Act~ Statutes and Lawes heretofore made
of for or concerninge usury shift~ corrupt bargaynes and chevysaunc~
and ev~y of them , and all peynes forfeytures and penalities
concerninge the same and ev~y parte thereof , shall from henseforthe be
utterlie voide and of none effect to all intentes construcc~ons and
purposes . (STAT-1540-E1-P1,3,996.29)

And be it further enacted by thauctoritie aforesaide , that noe p~son
ne p~sons of what estate degre or condic~on soever he or they be , from
and after the last daye of Januarie next comynge , shall by himselfe
Factor Attorney Serv=a=nte or Deputy , sell his m~chaundizes or Wares
to any p~son or p~sons , and within three monethes next after by
himselfe Factor Attorney Deputye , or by any other p~son or p~sons to
his $use $and {TEXT:useand} be houfe , by the same m~chaundizes or
Wares , or any parte or p~cell therof , uppon a lower price , knowinge
them to be y=e= same wares or m~chaundizes that he did before so
bargayne and sell , uppon the peynes and forfeytures hereafter lymitted
in this Estatute (STAT-1540-E1-P1,3,996.30)

And be it also enacted by the same auctoritie , that no p~son or p~sons
of what estate degree quality or condic~on soever he or they be , at
any tyme after the saide last day of Januarie next comynge , by way or
meane or any corrupte bargayne loone or eschaunge chevisaunce shifte
int~est of any wares m~chaundizes or other thinge or thinges whatsoever
, or by any other corrupte or deceitfull waye or meane , or by any
covyne yngyne or deceitfull waye or conveyaunce , shall haue receyve
accepte or take , in lucre or gaynes , for the forbearinge or givinge
daye of payment of one hole yere of and for his or their money or other
thing~ that shall be due for the same wares m~chaundizes or other
thinge or thing~ , above the some of tenne poundes in the hundred , and
so after that rate , and not above of and for a more or lesse some or
for a longer or shorter tyme , and noe more or greater gayne or some
therupon to be had , upon the paynes and forfeytures hereafter in this
Acte mencioned & conteyned . (STAT-1540-E1-P1,3,996.31)

And be it further inacted by auctoritie aforesaide , that if any p~son
or p~sons , at any tyme after the said last day of Januarie , doe
bargayne and sell or ley to morgage by any waye or meane , any Mannors
Landes Tenn~t~ or hereditament~ to any p~son or p~sons , upon condic~on
of payment or non payment of any so~me or so~mes of money to be had
paide or made at any day c~ten , or before any such day , by him that
shall so bargayne sell or ley to morgage the same Manners Lond~ Ten~t~
or Hereditament~ , that the same p~son or p~sons to whom any such
Mannors Landes Ten~t~ or Hereditament~ shall be so bargayned solde or
leyd to morgage , shall not by reason therof have ne take in lucre or
gaynes of the yssues revenues and p~fitt~ of the same Mannors Lond~
Ten~t~ or Hereditament~ , above the some of tenne pound~ in the hundred
for one hole yere , and so after the rate abovesaide for a more or
lesser some or for a longer or shorter tyme , and noe more or otherwise
, uppon the peynes forfeytures and penalties hereafter in this p~sent
Estatute lymitted and expressed . (STAT-1540-E1-P1,3,996.32)

<P_3,997>

And be it further enacted by thauctoritie aforesaide , that if any
p~son or p~sons of what estate degre qualitie or condic~on soever he or
they be , at anye tyme after the saide last day of Januarie next
co~mynge , shall doe any Acte or Act~ thinge or thing~ contrarie to the
tenor forme and effecte of this Estatute , or of any clause article or
sentence conteyned in the same , that then all and ev~y offendor and
offendors therin or in any parte therof , shall forfeyt and lose for
every such offence the treble value of the wares and m~chaundizes and
other thinge or thinges so bargayned solde eschaunged or shifted , and
the treble value of the yssues & p~fytt~ of the saide Mannors Land~
Ten~t~ and Hereditament~ so had taken or receyved by reason of any
suche bargayne sale or morgage , and also shall have and suffer
ymprisonment of his body , and make fyne and ransome at the King~ will
and pleasure ; the moytie of w=ch= forfeyture of the said treble value
$shall $be {TEXT:shalbe} to the Kinge , and thother moytie to him or
them that will sue for the same , in any of the King~ Court~ by Acco~n
of debte bill playnte or informac~on , in w=ch= acc~on bill playnt or
informac~on , no wager of lawe essoyne or p~tecc~on $shall $be
{TEXT:shalbe} admytted or allowed . (STAT-1540-E1-P1,3,997.34)

Provided alwaye and be it enacted by thauctoritie aforesaide , that
this Acte nor any thinge therein conteyned shall not in any wise extend
to any laufull obligac~on endorsed with a condicc~on , nor to any
statute or recognizaunce made and to be made for the payment of a
lesser so~me , so that the same obligac~on statute or recognizaunce be
made for a true just and p~fytt debte , or for the p~formance of any
other true coven=a=ntes made or to be made uppon a just and true intent
hadd betwene the parties , other then in cases of Usurie int~est
corrupt bargaynes shift or chevysance ; Ne yet shall extend to any
recoverie fyne feoffament release confirmac~on or graunte made or to be
made upon condic~on with a true intent , other then to such recoveries
fynes feoffament~ releases confirmac~ons and graunt~ as $shall $be
{TEXT:shalbe} made upon condic~on extending to usurie int~est corrupt
bargaynes shift~ or chevisaunce ; any thinge in this Estatute conteyned
, or any Lawe Statute or Ordyn=a=ce heretofore had used or made to the
cont=a=ry notwithstanding . (STAT-1540-E1-P1,3,997.35)

