<P_4,810>

<heading>

CHAPTER XII . (STAT-1580-E2-H,4,810.3)

AN ACTE TO AVOYDE HORSE STEALINGE . (STAT-1580-E2-H,4,810.4)

</heading>

Wheras through most Counties of this Realme Horstealinge is growen so
co~mon , as neither in Pastures or Closes nor hardlie in Stables the
same are to be in safety from stealinge , whiche ensueth by the redye
buyinge of the same , by Horscorsers and others in some open Fayres or
Markett~ farr distant from the Owner , and withe suche speede as the
Owner $can $not {TEXT:cannot} by pursuyte possiblie helpe the same ;
And sondrie good Ordinaunc~ have heretofore bene made touchinge the
manner of sellinge and tolinge of Horses Mares Gilding~ and Coult~ in
Fayres and Markett~ , whiche have not wrought soe good effecte for the
repressinge or avoydinge of Horsestealinge as was expected : Nowe , for
a further Remedy in that Behalfe , Be it enacted by the Authoritie of
this p~sent Parliament , That noe p~son after Twentie Dayes next after
thende of this Session of Parliament , shall in any Fayre or Markett
sell gyve exchange or put awaye anye Horse Mare Geldinge Coulte or
Fillie , unlesse the Tole taker there , or <paren> where noe Tole ys
payde </paren> the Booke keeper Baylif or Cheef Officer of the same
Fayre or Markett , shall and will take upon him p~fecte knowledge of
the p~son that soe shall sell or offer to sell give or exchange any
Horse Mare Geldinge Coulte or Fillie , and of his true Xp~en Name
Surname and place of Dwellinge or Resyancye , and shall enter all the
same his knowledge into a Booke there kept for Sale of Horses ;
(STAT-1580-E2-H,4,810.6)

or els that he soe sellinge or offeringe to sell give exchange or put
awaye anye Horse Mare Gildinge Coulte or Fillie , shall bringe unto the
Toltaker or other Officer aforesaide of the same Fayre or Markett , one
sufficient and credible p~son that can shall or will testifye and
declare unto and before suche Toltaker Booke keeper or other Officer ,
that he knowethe the partie that soe sellethe givethe exchaungeth or
puttethe awaye suche Horse Mare Gildinge Coulte or Fillie , and his
true Name Surname Mysterie and Dwellinge Place ; And there enter or
cause to be entered in the Booke of the saide Toltaker or Officer
aswell the true Xp~en Name and Surname Mysterie and Place of Dwellinge
or Resyancye , of him that soe selleth giveth exchangeth or putteth
awaye suche Horse Mare Gildinge Coulte or Fillie , as of him that so
shall testifye or avouche his kowledge of the same p~son ,
(STAT-1580-E2-H,4,810.7)

and shall also cause to be entred the verie true price or value that he
shall have for the same Horse Mare Gildinge Coulte or Fillie so soulde
; (STAT-1580-E2-H,4,810.8)

And that noe p~son shall take upon him to avouche testifye or declare
that he knoweth the Partie , that so shall offer to sell give exchange
or put awaye any suche Horse Mare Gildinge Coulte or Fillie , unlesse
he doe indeede trulie knowe the same Partie , and shall trulie declare
to the Toltaker or other Officer aforesaide aswell the Xp~en Name
Surname Mysterie and Place of Dwellinge and Resiancy of himselfe , as
of him of and for whome he makethe suche Testimonye and Avouchement ;
(STAT-1580-E2-H,4,810.9)

And that noe Toltaker or other p~son kepinge anye Booke of Entrie of
Sales of Horses in Fayres or Markett~ , shall take or receve any Tole ,
or make Entrie of any Sale Gifte Exchange or puttinge awaye of any
Horse Mare Gildinge Coulte or Fillie , unlesse he knoweth the Partie
that soe selleth giveth exchangeth or putteth awaye any suche Horse
Mare Gildinge Coulte or Fillie , and his true Xp~en Name Surname
Misterie and Place of his Dwellinge or Resiancye , or the Partie that
shall and will testifye and avouche his knowledge of the same p~son so
sellinge givinge exchanginge or puttinge away suche Horse Mare Gildinge
Coulte or Fillie , and his true Xp~en Name Surname Mysterie and Place
of Dwellinge or Resiancy , and shall make a p~fecte Entrie into the
saide Booke of suche his knowledge of the p~son , and of the Name
Surname Mysterie and Place of the Dwellinge or Resiancy of the same
p~son , and also true price or value that $shall $be {TEXT:shalbe} bona
fide taken or had for anye suche Horse Mare Gildinge Coulte or Fillie ,
so soulde given exchaunged or put awaye so farr as he canne understande
the same ; and then give to the Partie , so buyinge or takinge by
Guyfte Exchaunge or otherwise suche Horse Mare Gildinge Coulte or
Fillie , requiringe and payinge Two Pence for the same , a true and
p~fecte Note in Writinge of all the full Content~ of the same
subscribed withe his Hande : on payne that everie p~son that soe shall
sell give exchange or put awaye anye Horse Mare Gildinge Coulte or
Fillie , without beinge knowen to the Tol taker or other Officer
aforesaide , or without bringinge suche a Voucher or Witnes , causinge
the same to be entred as aforesaide , and everie p~son makinge anye
untrue Testymonye or Avouchement in the Behalfe aforesaide , and everie
Tol taker Booke keeper or other Officer of Fayre or Markett aforesaide
, offendinge in the p~misses contrarie to the true meanynge aforesaide
, shall forfeyte for everie suche Defaulte the so~me of Fyve Pound~ ;
(STAT-1580-E2-H,4,810.10)

but also that everie Sale Guyfte Exchange or other puttinge awaye of
any Horse Mare Gildinge Coulte or Fillie , in Fayre or Market not used
in all poynt~ accordinge to the true meaninge aforesaide , $shall $be
{TEXT:shalbe} voyde ; Thone halfe of all whiche Forfeytures to be to
the Quenes Majestie her Heires and Successors , and thother halfe to
him or them that will sue for the same before the Justic~ of Peace , or
in anye her Majesties ordinarie Court~ of Recorde by Bill Playnte
Acc~on of Debte or Informac~on , in whiche noe Essoyne or P~tecc~on
$shall $be {TEXT:shalbe} allowed . (STAT-1580-E2-H,4,810.11)

<P_4,811>

And be it further enacted , That the Justic~ of Peace of everie Place
and Countie , aswell within Liberties as without , shall have
Authoritie in their Sessions , within the Lymitt~ of their Authoritie
and Co~mission , to enquire here and determyne all Offences againste
this Statute , as they maye doe any other Matter triable before them .
(STAT-1580-E2-H,4,811.13)

And be it further Inacted , That if anye Horse Mare Geldinge Coulte or
Fillie , after Twentie Dayes next ensuynge thende of this Session of
Parliament , $shall $be {TEXT:shalbe} stolen , and after $shall $be
{TEXT:shalbe} soulde in open Fayre or Markett , and the same Sale
$shall $be {TEXT:shalbe} used in all Poynt~ and Circumstaunc~ as
aforesaide , that yet nevertheles the Sale of any suche Horse Mare
Geldinge Coulte or Fillie , within Sixe Monethes next after the
Fellonye done , shall not take awaye the P~pertie of the Owner from
whom the same was stolen , so as clayme be made within Sixe Monethes ,
by the Partie from whom the same was stolen , or by his Executors or
Admynistrators , or by any other by anye of their Appoyntment , at or
in the Towne or Parishe where the same Horse Mare Gelding Coulte or
Fillie $shall $be {TEXT:shalbe} founde , before the Maior or other Hedd
Officer of the same Towne or P~ishe , yf the same Horse Mare Geldinge
Coulte or Fillie shall happen to be founde in any Towne Corporate or
Markett Towne , or else before any Justice of Peace of that Countie
nere to the Place where suche Horse Mare Geldinge Coulte or Fillie
$shall $be {TEXT:shalbe} founde , yf it be out of Towne Corporat or
Markett Towne , and so as proofe be made within Fortye dayes then nexte
ensuynge , by twoe sufficient Witnesses to be p~duced and deposed
before suche Head Officer or Justice , who by virtue of this Acte shall
have Authoritie to mynister an Othe in that Behalfe , that the P~pertie
of the same Horse Mare Geldinge Coulte or Fillie so claymed was in the
Partie by or for whome suche Clayme ys made , and was stollen from him
within Sixe Monethes next before suche Clayme of any suche Horse
Geldinge Mare Coulte or Fillie ; (STAT-1580-E2-H,4,811.14)

but that the Partie , from whom the saide Horse Mare Geldinge Coulte or
Fillie was stolen , his Executors or Admynystrators , shall and maye at
all Tymes after , notwithstandinge any suche Sale or Sales in anye
Fayre or open Markett thereof made , have P~pertie and Power to have
take agayne and enjoye the saide Horse Mare Geldinge Coulte or Fillie ,
upon payment , or readynes or offer to paye , to the Partie that shall
have the Possession and Interest of the same Horse Mare Geldinge Coulte
or Fillie , yf he will receyve and accepte it , so muche Money as the
same Partie shall depose and swere before suche Head Officer or Justice
of Peace , whoe by vertue of this Acte shall have Authoritie to
mynister and gyve an Othe in that behaulfe , that he paide for the same
bona fide , without Fraude or Collusion ; Any Lawe Statute or other
Thinge to the contrarie thereof in any wise notwithstandinge .
(STAT-1580-E2-H,4,811.15)

And be it further enacted by the Authoritie aforesaid , That after
Twentie daies after thende of this Session of Parliament , not onelie
all Accessaries before such Fellonye done , but also all Accessaries
after suche Fellonye , $shall $be {TEXT:shalbe} deprived and put from
all Benefytt of their Cleargie , as the Principall by Statute
heretofore made is or ought to be . (STAT-1580-E2-H,4,811.16)

