CHAPTER VIII . (STAT-1600-E2-H,IV,1026.3)
AN ACTE TO MAKE AWAYE THE BENEFITE OF CLERGIE FROM SOME KINDE OF
MANSLAUGHTER . (STAT-1600-E2-H,IV,1026.4)
To the ende that stabbinge and killinge men on the suddaine , done and
co~mitted by manie inhumaine and wicked p~sons in the tyme of theire
rage drunkennesse hidden dislpeasure , or other passion of minde ,
contrarie to the co~mandement of Almightie God and the co~mon Peace and
Tranquilitie of this Realme , may from henceforthe be restrained ,
through feare of due punishment to be inflicted on suche cruell and
bloodie Malefactors , whoe heretofore have bene thereunto imboldened by
presuming on the benefit of Cleargie ; Be it therefore enacted by the
King~ moste excellent Majestie , the Lord~ Spirituall and Temporall ,
and the Co~mons in this p~sente Parliament assembled , That everie
p~son and p~sons which after one moneth nexte ensuinge the end of this
p~sent Session of Parliament , shall stabbe or thruste any p~son or
persons that hathe not then any weapon drawne , or that hathe not then
firste striken the partie which shall soe stabbe or thruste , soe as
the person or persons soe stabbed or thruste shall thereof die within
the space of sixe moneths then next followinge , although it $can $not
{TEXT:cannot} be proved that the same was done of malice forethoughte ,
yet the partie soe offendinge , and beinge thereof convicted by
verdicte of twelve men , confession or otherwise , accordinge to the
Lawes of this Realme , shall be excluded from the benefit of his or
theire Cleargie , and suffer Deathe as in case of Wilfull Murder .
(STAT-1600-E2-H,IV,1026.6)
Provided alwaies , That this Acte or any thinge therein conteyned ,
shall not extende to any person or p~sons which shall kill any person
or persons se defendendo , or by misfortune , or in any other manner
then as aforesaide ; nor shall extende to any person or persons which
in keepinge and preservinge the Peace , shall chaunce or co~mitt
Manslaughter , soe as the saide Manslsughter be not co~mitted wittingly
willinglie and of purpose , under p~texte and colour of keepinge the
Peace ; nor shall extende to any person or p~sons which in chastisinge
or correcting his Childe or Servant , shall besides his or theire
intent and purpose , chaunce to co~mit Manslaughter ;
(STAT-1600-E2-H,IV,1026.7)
This Acte to contynue untill the end of the firste Session of the next
Parliament . (STAT-1600-E2-H,IV,1026.8)
CHAPTER IX . (STAT-1600-E2-H,IV,1026.10)
AN ACTE TO RESTRAINE THE INORDINATE HAUNTINGE AND TIPLINGE IN INNES
ALEHOUSES AND OTHER VICTUALLINGE HOUSES . (STAT-1600-E2-H,IV,1026.11)
Whereas the ancient true and principall use of Innes Alehouses and
Victuallinge Houses , was for the Receipte Reliefe and Lodginge of
wayfaring people travellinge from place to place , and for such Supplie
of the wants of such people as are not able by greater Quantities to
make theire p~vision of Victuals , and not meant for entertainment and
harbouringe of lewde and idle people to spende and consume theire money
and theire tyme in lewde and drunken manner ; Be it therefore enacted
by the King~ moste excellent Majestie , the Lordes Spirituall and
Temporall , and Co~mons in this p~sent Parliament assembled , and by
the authoritie of the same , That if after fortie dayes next ensuinge
after the end of this p~sent Session of Parliament any Inne keeper
Victualler or Alehouse keeper within this Realme of England or the
Dominion of Wales , doe p~mitt or suffer any p~son or p~sons
inhabitinge and dwellinge in any Citie Towne Corporate Market Towne
Village or Hamlett within this Realme of England or Dominion of Wales ,
where any such Inne Alehouse or Tiplinge house is or shall be , to
remaine and contynue drinkinge or tiplinge in the saide Inne
Victuallinge House Tiplinge house or Alehouse , other then such as
$shall $be {TEXT:shalbe} invited by any Travailer , and shall
accompanie hym onelie duringe his necessarie abode there , and other
then labouringe and handicraftsmen in Cities and Townes Corporate and
Markett Townes , upon the usuall workinge daies , for one houre at
dynner tyme , to take their Diet in an Alehouse ; and other then
Labourers and Workmen , which for the followinge of theire worke by the
day or by the greate in any Cittie Towne Corporate Market Towne or
Village , shall for the tyme of theire saide contynuynge in worke there
, sojourne lodge or victuall in any Inne Alehouse or other Victuallinge
house , other then for urgent and necessarie occasions to be allowed by
two Justices of Peace , that then everie such Inne keeper Victualler or
Alehouse keeper shall for everie such offence forfeit and lose the
so~me of tenne shilling~ of currant Money of England , to the use of
the Poore of the Parishe where such offence shall be co~mitted ; the
same offence being viewed and seene by any Mayor Bayliffe or Justice of
Peace within their sev~all limits , or proved by the Oathe of Two
Witnesses , to be taken before any Mayor Bayliffe or any other Head
Officer , or any one or more Justice or Justices of the Peace , who by
vertue of this Acte $shall $be {TEXT:shalbe} authorised to minister the
saide Oathe to any p~son or p~sons that can or will justifie the same ,
beinge within the limits of theire saide Co~mission .
(STAT-1600-E2-H,IV,1026.13)
And be it further enacted by the authoritie aforesaide , That if any
Inneekeep~ {COM:sic} Alehouse or Victualler shall at any tyme utter or
sell lesse then one full Ale quart of the best Beere or Ale for a penie
, and of the Small two quarters for one pennie , that then everie suche
Inne keeper Alehouse keeper or Victualler shall forfeite for everie
such offence beinge duelie proved in manner above limitted , the so~me
of Twentie Shilling~ of lawfull Money of England , to the use
abovesaide ; All and everie the saide Penalties to be levied by the
Constables or Churchwardens of the Parish or Parishes where the offence
or offences shall be co~mitted , by waye of distresse to be taken and
deteined for the saide forfeitures , (STAT-1600-E2-H,IV,1026.14)
and for default of satisfacc~on within sixe dayes nexte ensuinge , the
same then to be p~sentlie apprised and solde ,
(STAT-1600-E2-H,IV,1026.15)
and the surplusage or remainder over and above to be delivered to the
partie of whome the distresse was taken , (STAT-1600-E2-H,IV,1026.16)
and for want of sufficient distresse the partie or parties offendinge
to be by the Mayor Bayliffe or other Head Officer or Justice or
Justices aforesaide , co~mitted to the co~mon Gaole , there to remaine
untill the said Penaltie or Penalties be truelie paide .
(STAT-1600-E2-H,IV,1026.17)
And be it further enacted by the authoritie aforesaide , That if the
Constables or Churchwardens doe neglecte theire duetie in levyinge , or
do not levie the saide severall Penalties , or in default of Distresse
or Distresses , from tyme to tyme doe neglecte to certifie the same
Default of Distresse , by the space of twentie dayes then nexte
ensuinge to the Maior Bailiffe and other Head Officer or Justice of the
Peace within whose Jurisdicc~on the Offence is co~mitted , then everie
p~son and p~sons so offendinge shall forfeit for everie such Default
the so~me of Fortie shilling~ of currant Mony of England to the use of
the Poore of the Parishe where suche Offence $shall $be {TEXT:shalbe}
co~mitted , to be levied by waie of Distresse of the Offendors Goods ,
by Warrant from any one or more Justice or Justices of the Peace Mayor
Bayliffe or other Head Officer within the limits of their Jurisdicc~ons
respectivelie , under his or theire Hande and Seal , to be taken and
detained for the saide Forfeitures , for the space of sixe dayes then
next ensuinge ; within whiche tyme if payment be not made , the same
Goods to be presentlie apprised and sold , and the surplusage and
remainder over and above if any be to be delivered to
the partie of whome the Distresse was taken ;
(STAT-1600-E2-H,IV,1027.19)
and for wante of such sufficient Distresse , the Constables
Churchwarden or Churchwardens so offendinge to be by the Mayor Bayliffe
or other Head Officer Justice or Justices of Peace co~mitted to the
common Goale , there to remaine until the saide Penaltie or Penalties
be truelie paide , for all which Penalties which so shall be levied by
the saide Constables or Churchwardens , they the said Constables and
Churchwardens shall be accomptable to theire Successors and other the
Parishioners , in suche sorte as they usuallie be in other Churche
reckoning~ or Accompt~ ;
and for all Forfeitures to be levied by reason of any neglect of the
Constables or Churchwardens , those shall be accomptable , who by force
of any Warrant or Precept doe levie the same , or upon the inlargement
of persons co~mitted , doe receive the same .
(STAT-1600-E2-H,IV,1027.21)
And be it further enacted , That all other Lawes and Statutes touchinge
Innekeepers Victualers and Alehousekeepers shall still remaine in
theire forme force and be put in due execuc~on :
(STAT-1600-E2-H,IV,1027.22)
This Acte to continue to the end of the firste Session of the next
Parliament . (STAT-1600-E2-H,IV,1027.23)
Provided alwaies and be it enacted by the authoritie of this p~sent
Parliament , That the Correcc~on and Punishment of such as shall offend
againste this Acte , or any parte thereof , within either of the two
Univ~sities of this Realme , or the p~cinct~ or Liberties of the same ,
shall be done upon the Offenders , and Justice shall be ministred in
this behalfe accordinge to the intent and true meaninge of this Lawe ,
by the Governours Magistrates Justices of the Peace or other principall
Officers of either of the same Univ~sities , to whome in other cases
the Administration of Justice and Correcc~on and Punishment of
Offenders by the Lawes of this Realme and theire severall Charters doth
belonge or appertaine , and that no other within theire Liberties for
any Matter concerninge this Lawe contrarie to theire severall Charters
doe intermeddle , and that all Penalties and Summes of Money to be
forfeited or lost by force of this Acte within either of the
Univ~sities , or the Liberties or p~cinct~ of the same , shall be
levied by the Officers or Ministers of either of the saide Univ~sities
to be from tyme to tyme in that behalfe appointed by the
Vicechauncellours thereof for the tyme beinge respectivelie , and that
all Powers and Authorities either of Imprisonment or otherwise before
given or appointed by this Acte , shall by the Governors Magistrates
and principall Officers abovesaide of either of the saide Univ~sities ,
be duelie executed and done within either of the saide Univ~sities ,
and the Liberties and p~cinct~ of the same , accordinge to the true
intent and meaninge of this Acte . (STAT-1600-E2-H,IV,1027.24)
CHAPTER XI . (STAT-1600-E2-H,IV,1028.27)
AN ACTE TO RESTRAYNE ALL P~SONS FROM MARRIAGE UNTIL THEIR FORMER WYVES
AND FORMER HUSBANDES BE DEADE . (STAT-1600-E2-H,IV,1028.28)
Forasmuch as divers evil disposed p~sons beinge maried , runne out of
one Countie into another , or into places where they are not knowen ,
and there become to be maried , havinge another husband or wife livinge
, to the greate dishonour of God and utter undoinge of divers honest
mens children and others ; Be it therefore enacted by the King~
Majestie , with the consent of the Lordes Spirituall and Temporall ,
and of the Co~mons in this p~sent Parliament assembled , That if any
p~son or p~sons within his Majesties Domynions of England and Wales ,
beinge maried , or which hereafter shall marie , doe at any tyme after
the ende of the Session of this p~sent Parliament , marrye any p~son or
p~sons , the former husband or wife beinge alive , that then everie
such offence $shall $be {TEXT:shalbe} Felonie , and the p~son or p~sons
so offendinge shall suffer death as in cases of Felonie ;
(STAT-1600-E2-H,IV,1028.30)
And the partie and parties so offendinge shall receive such and the
like p~ceedinge triall and execution in such Countie where suche p~son
or p~sons $shall $be {TEXT:shalbe} apprehended , as if the offence had
bene co~mitted in such Countie where such p~son or p~sons shall be
taken or apprehended . (STAT-1600-E2-H,IV,1028.31)
Provided alwaies , That this Acte nor any thinge therein conteyned ,
shall extende to any p~son or p~sons whose Husband or Wife $shall $be
{TEXT:shalbe} continuallie remayninge beyond the Seas by the space of
seven yeeres together , or whose Husband or Wife shall absent hym or
her selfe the one from the other by the space of seaven yeares together
, in any part~ within his Majesties Dominions , the one of them not
knowinge the other to be livinge within that tyme .
(STAT-1600-E2-H,IV,1028.32)
Provided also and be it enacted by the Authoritie aforesaide , That
this Acte nor any thinge herein contayned shall extend to any p~son or
p~sons that are or $shall $be {TEXT:shalbe} at the tyme of such mariage
divorced by any sentence had or hereafter to be had in the
Eccl~iasticall Courte , or to any person or p~sons where the former
Mariage hathe bene or hereafter shall be by sentence in the
Eccl~iastical Courte declared to be voide and of no effect ; nor to any
p~son or p~sons for or by reason of anye former Mariage had or made ,
or hereafter to be had or made within age of consent .
(STAT-1600-E2-H,IV,1028.33)
Provided also , That no Attainder for this Offence made Felonie by this
Acte , shall make or worke any corruption of Blood Losse of Dower or
disinherison of Heire or Heires . (STAT-1600-E2-H,IV,1028.34)
CHAPTER XII . (STAT-1600-E2-H,IV,1028.36)
AN ACTE AGAINST CONJURATION WITCHCRAFTE AND DEALINGE WITH EVILL AND
WICKED SPIRITS . (STAT-1600-E2-H,IV,1028.37)
Be it enacted by the King our Sov~aigne Lorde the Lordes Spirituall and
Temporall and the Comons in this p~sent Parliament assembled , and by
the authoritie of the same , That the Statute made in the fifte yeere
of the Raigne of our late Sov~aigne Ladie of moste famous and happie
memorie Queene Elizabeth , intituled An Acte againste Conjurations
Inchantment and Witchcraft~ , be from the Feaste of St. Michaell the
Archangell nexte co~minge , for and concerninge all Offences to be
co~mitted after the same Feaste , utterlie repealed .
(STAT-1600-E2-H,IV,1028.39)
And for the better restrayninge the saide Offenses , and more severe
punishinge the same , be it further enacted by the authoritie
aforesaide , That if any p~son or persons , after the saide Feaste of
Saint Michaell the Archangell next co~minge , shall use practise or
exercise any Invocation or Conjuration of any evill and wicked Spirit ,
or shall consult covenant with entertaine employ feede or rewarde any
evill and wicked Spirit to or for any intent or purpose ; or take up
any dead man woman or child out of his her or theire grave , or any
other place where the dead bodie resteth , or the skin bone or any
other parte of any dead person , to be imployed or used in any manner
of Witchcrafte Soreerie Charme or Inchantment ; or shall use practise
or exercise any Witchcrafte Inchantment Charme or Sorcerie , wherebie
any p~son $shall $be {TEXT:shalbe} killed destroyed wasted consumed
pined or lamed in his or her bodie , or any parte thereof ; that then
everie such Offendor or Offendors , theire Ayders Abettors and
Counsellors , being of any the saide Offences dulie and lawfullie
convicted and attainted , shall suffer pains of deathe as a Felon or
Felons , and shall loose the priviledge and benefit of Cleargie and
Sanctuarie . (STAT-1600-E2-H,IV,1028.40)
And further , to the intent that all manner of practise use or exercise
of Witchcrafte Inchantment Charme or Sorcerie should be from henceforth
utterlie avoyded abolished and taken away , Be it enacted by the
authoritie of this p~sent Parliament , That if any p~son or p~sons
shall from and after the saide Feaste of Saint Michaell the Archangell
next co~minge , take upon him or them by Witchcrafte Inchantment Charme
or Sorcerie to tell or declare in what place any treasure of Golde or
Silver should or might be founde or had in the earth or other secret
places , or where Good~ or Thing~ loste or stollen should be founde or
become ; or to the intent to p~voke any person to unlawfull love , or
wherebie any Cattell or Goods of any p~son shall be destroyed wasted or
impaired , or to hurte or destroy any p~son in his or her bodie ,
although the same be not effected and done ; that then all and everie
such p~son & p~sons so offendinge , and beinge thereof lawfullie
convicted , shall for the said Offence suffer Imprisonment by the space
of one whole yeere , without baile or maineprise , and once in everie
quarter of the saide yere , shall in some Markett Towne ,
upon the Markett Day , or at such tyme as any Faire $shall $be
{TEXT:shalbe} kepte there , stande openlie upon the Pillorie by the
space of sixe houres , and there shall openlie confesse his or her
error and offence ; (STAT-1600-E2-H,IV,1029.41)
And if any p~son or p~sons beinge once convicted of the same offences
as is aforesaide , doe eftsoones p~petrate and co~mit the like offence
, that then everie such Offender , beinge of any the saide offences the
second tyme lawfullie and duelie convicted and attainted as is
aforesaide , shall suffer paines of death as a Felon or Felons , and
shall loose the benefitt and priviledge of Clergie and Sanctuarie :
Savinge to the wife of such person as shall offend in any thinge
contrarie to this Acte , her title of dower ; and also to the heire and
successour of everie such person his or theire titles of Inheritance
Succession and other Rights , as though no such Attaindor of the
Ancestor or Predecessor had bene made ; Provided alwaies , That if the
Offendor in any the Cases aforesaide shall happen to be a Peere of his
Realme , then his Triall therein to be had by his Peeres , as it is
used in cases of Felonie or Treason , and not otherwise .
(STAT-1600-E2-H,IV,1029.42)
CHAPTER XXIX . (STAT-1600-E2-H,IV,1058.45)
AN ACTE TO ENCOURAGE THE SEAMEN OF ENGLAND TO TAKE FISHE , WHEREBIE
THEY MAY ENCREASE TO FURNISHE THE NAVIE OF ENGLAND .
(STAT-1600-E2-H,IV,1058.46)
For the better increase of Seamen , to be readie at all tymes to serve
in the King~ Majesties Navie and the Navie of England , of which the
Fishermen of England have ever bene the chiefest Seminarie and Nurserie
, which in this latter Age have greatlie decayed ; Bee it enacted by
the King~ moste excellent Majestie the Lordes Spirituall and Temporall
and the Co~mons in this p~sent Parliament assembled and by the
authoritie of the same , That no Lycence or Lycences heretofore made or
graunted , or hereafter to be made or graunted , to any sicke or
infirme person or p~sons to eate Fleshe , during the tyme of his her or
theire Sicknesse or Infirmitie , by force of the Statute of Anno quinto
Regine Elizabeth , shall from the Feaste of Saint Michael next co~minge
be any sufficient Warrant to any such person or persons to eate any
Beefe Veale Porke Mutton or Bacon in the tyme of Lent , or upon any day
now observed as a Fishe day ; but that the saide sicke or infirme
person or persons shall , for dressinge or eatinge of such Beefe Veale
Porke Mutton or Bacon , incurre the danger and penaltie comprised
therefore in the saide Statute , notwithstandinge any suche Licence
heretofore granted , or hereafter to be granted to the contrarie .
(STAT-1600-E2-H,IV,1058.48)
And be it further enacted by the authoritie aforesaide , That no
Butcher or other person , whether he be licenced or not licenced to
kill Fleshe , shall from henceforth at any tyme in the tyme of Lent
kill or dresse to the intent to put to sale any Oxe or Oxen Beeves
Beevets Hogges Calves Rammes Ewes or Weathers , except Oxen or Beeves
for victualling of Shippes into forreine part~ , and except all Fleshe
to be killed three dayes next before Easter yeerelie , upon paine to
forfeit and loose the same Oxen Beeves Beevets Hogges Calves Rammes
Ewes and Weathers so killed and dressed contrarie to this Statute , or
the value of them . (STAT-1600-E2-H,IV,1058.49)
And be it further enacted , That all Justices of the Peace , Mayors
Bailiff~ Head Officers and Constables , aswell of Cities and Townes
Corporate as in everie Countie of this Realme , shall have power and
authoritie by force of this Acte , yeerelie in this tyme of Lent , to
enter into all Howses of Victuallers and common victuallinge Houses
within theire Jurisdictions , where such Offences shall be suspected to
be co~mitted , and findinge any such Oxen Beeves Beevets Hogges Calves
Rammes Ewes or Weathers killed or dressed , or any parte or parcell of
the same , contrary to this Statute , shall take and seize the same as
forfeited , and shall give and distribute the same to Prisoners and
other poore Folkes by theire discretion . (STAT-1600-E2-H,IV,1058.50)
And because the greatest Disorder and Libertie in eating of Fleshe upon
Fish daies and Dayes prohibited by the Lawe , is co~monlie founde to be
in Tavernes co~mon Innes Tabling Houses Cookes Houses Ale Houses and
Tipling Houses : Be it therefore enacted , That everie Taverner
Innekeeper Keeper of everie co~mon Tabling House co~mon Cooke co~mon
Typler or Alehouse Keeper , offendinge at any tyme hereafter in the
dressinge of any Fleshe Victuall contrarie to the saide Statute of Anno
quinto Elizabeth , or contrarie to this Statute , shall not-3 onelie-4
forfeit all the saide Fleshe so dressed , but also the penaltie imposed
by the same Statute of Anno quinto Elizabeth , for everie Offence to be
co~mitted after the Feaste of Saint Michael the Archangell next
co~minge ; the one halfe of all which Forfeitures , except such
Forfeitures as $shall $be {TEXT:shalbe} founde and taken by the
Justices of Peace Mayors Bailiff~ Head Officers and Constables ,
accordinge to the tenor of this Acte , shall be to our
Sov~aigne Lorde the Kinge ; and the other halfe to such person or
p~sons as shall sue or informe for the same in any Court of Recorde ,
by Action of Debte Bill Plainte or Information , wherein no Essoyne
Protection or Wager of Lawe shall be allowed to the Defendant .
(STAT-1600-E2-H,IV,1058.51)
CHAPTER XXXI . (STAT-1600-E2-H,IV,1060.54)
AN ACTE FOR THE CHARITABLE RELIEFE AND ORDERINGE OF P~SONS INFECTED
WITH THE PLAGUE . (STAT-1600-E2-H,IV,1060.55)
Forasmuch as the Inhabitant~ of divers Cities Boroughes Townes
Corporate and of other Parishes and Places beinge visited with the
Plague are founde to be unable to relieve the poorer sorte of such
People so infected , who of necessitie muste be by some charitable
course provided for , leste they should wander abroad and thereby
infecte others ; And Forasmuch as divers persons infected with that
Disease , and other inh~itinge in Houses and Places infected , as well
poore People and unable to relieve themselves that are carefullie
provided for , as others which of themselves are of Abilitie , beinge
co~manded by the Magistrate or Officer , of or within the Place where
the Infection shal be , to keepe theire Houses or otherwise to seperate
themselves from Companie for the avoidinge of further infection , doe
notwithstandinge very dangerouslie and disorderlie misdemeane
themselves : Be it therefore enacted by the Authoritie of this present
Parliament , That the Mayor Bayliff~ Head Officers and Justices of
Peace of everie Citie Borough Towne Corporate and Places priviledged ,
where any Mayor and Bayliff~ Head Officers or Justices of Peace are or
shall bee , or any two of them , shall have Power and Authoritie from
tyme to tyme to taxe and assesse all and everie Inhabitant , and all
Houses of Habitation Land~ Tenement~ and Hereditam=t=~ , within the
saide Citie Borough Towne Corporate and Places priviledged , or the
Liberties or Precinct~ thereof , at such reasonable Taxes and Payment~
as they shall thinke fit for the reasonable Reliefe of such persons
infected , or inhabitinge in Houses and Places infected , in the same
Cities Boroughes and Townes Corporate and Places priviledged , and from
tyme to tyme to levie the same Taxes of the Goods of everie person
refusinge or neglectinge to pay the saide Taxes , by Warrant under the
Hand and Seale of the Mayor and Bayliff~ and Head Officers aforesaide ,
or two suche Justices of Peace , to be directed to any p~son or p~sons
for the Execution thereof ; (STAT-1600-E2-H,IV,1060.57)
And if the Partie to whome such Warrant is or $shall $be {TEXT:shalbe}
directed shall not finde any Goods to levie the same , and the Partie
taxed shall refuse to pay the same Taxe , That then upon Returne
thereof , the saide Mayor Bayliff~ Head Officers or Justices of Peace
or any two of them shall by like Warrant under theire Hands and Seales
cause the same person so taxed to be arrested and co~mitted to the
Gaole without Baile or Maineprise untill he shall satisfie the same
Taxac~on and the Arrerages thereof : (STAT-1600-E2-H,IV,1060.58)
And if the Inhabitant~ of any such Citie Burrough Towne Corporate or
Place priviledged , shall finde themselves unable to relieve theire
saide poore infected persons and others as aforesaide , that then upon
Certificate thereof by the Mayor Bayliffe Head Officers and other the
saide Justices of Peace , or any two of them , to the Justices of Peace
of the Countie of or neere to the saide Citie Borough Towne Corporate
or priviledged place so infected , or any two of them , to be made ,
the saide Justices of or neere the saide Countie , or any two of them ,
shall or may taxe and assesse the Inhabitant~ of the Countie within
five miles of the saide place infected , at such reasonable weekelie
Taxes and Rates as they shall thinke fit to be levied by Warrant from
any such two Justices of Peace of or neere the Countie by sale of Goods
, and in Default thereof , by Imprisonment of the Bodie of the Partie
taxed as aforesaide : (STAT-1600-E2-H,IV,1060.59)
And if any such Infection $shall $be {TEXT:shalbe} in any Borough Towne
Corporate or priviledged Place where there are or $shall $be
{TEXT:shalbe} no Justices of Peace , or in any Village or Hamlett
within any Countie , that then it shall and may be lawfull for any two
Justices of Peace of the saide Countie wherein the saide Place infected
is or $shall $be {TEXT:shalbe} , to taxe and assesse the Inhabitant~ of
the saide Countie , within five miles of the saide Place infected , at
such reasonable weekelie Taxes and Rates as they shall thinke fit for
the reasonable Reliefe of the saide places infected , to be levied by
warrant from the saide Justices of Peace of the same Countie by sale of
Goods , and in default thereof by Imprisonment of the Bodie of every
partie so taxed as aforesaide : (STAT-1600-E2-H,IV,1061.61)
The same Taxes made by the saide Justices of Peace of the Countie for
the reliefe of such Cities Boroughes Townes Corporate and Places
priviledged where there are no Justices of Peace , to be disposed as
they shall thinke fit , And where there are Justices of Peace , then in
such sorte as to the Mayor Bayliff~ Head Officers and Justices of Peace
there , or any two of them , shall seeme fitt and convenient : All
which Taxes and Rates made within any such Citie Borough Towne
Corporate or Place priviledged , shall be certified at the next Quarter
Sessions to be holden within the same Citie Borough Towne Corporate or
Place priviledged ; And the saide Taxes and Rates made within any parte
of the saide Countie , shall in like sorte be certified at the next
Quarter Sessions to be holden in and for the saide Countie :
(STAT-1600-E2-H,IV,1061.62)
And that if the Justices of Peace at such Quarter Sessions
respectivelie , or the more part of them , shall thinke it fit the
saide Taxe or Rate should contynue , or be inlarged or extended to any
other part~ of the Countie , or otherwise determined , then the same to
be so enlarged extended or determined increased or taxed and levied in
manner and forme aforesaid , as to the said Justices at the Quarter
Sessions respectively $shall $be {TEXT:shalbe} thought fit and
convenient ; (STAT-1600-E2-H,IV,1061.63)
and everie Constable and other Officer that shall wilfullie make
default in levyinge such Money as they shall be co~manded by the saide
Warrant or Warrant~ , shall forfeite for everie such Offence Ten
shilling~ , to be imployed on the charitable uses aforesaide .
(STAT-1600-E2-H,IV,1061.64)
And be it further enacted , That if any person or p~sons infected , or
beinge or dwellinge in any House infected , shall be by the Mayor
Bayliff~ Constable or other Head Officer of any Citie Borough Towne
Corporate priviledged Place or Market Towne , or by any Justice of
Peace Constable Headboroughe or other Officer of the Countie ,
if any such Infection be out of any Citie Borough Towne Corporate
priviledged Place or Market Towne , co~manded or appointed as
aforesaide , to keepe his or theire House for avoidinge of farther
Infection , and shall notwithstandinge wilfullie and contemptuouslie
disobey such Direction and Appointment , offeringe and attemptinge to
breake and goe Abroade and to resiste , or goinge Abroade and
resistinge , such Keepers or Watchmen as shall be appointed as
aforesaide , to see them kepte in , that then it shall be lawfull for
such Watchmen , with violence to enforce them to keepe theire Houses ;
(STAT-1600-E2-H,IV,1061.65)
And if any hurte come by such enforcement to such disobedient persons ,
that then the saide Keepers Watchmen and any other their Assistant~
shall not be impeached therefore ; (STAT-1600-E2-H,IV,1061.66)
And if any infected person as aforesaide so co~manded to keepe House ,
shall contrarie to such Co~mandement wilfullie and contemptuously goe
abroade , and shall converse in companie , havinge any infectious sore
upon hym uncured , that then such person and persons $shall $be
{TEXT:shalbe} taken deemed and adjudged as a Felon , and to suffer
Paines of Death as in case of Felonie ; (STAT-1600-E2-H,IV,1061.67)
but if such person shall not have any such sore found about hym , then
for his saide Offence to be punished as a Vagabond in all respect~
should or ought to be by the Statute made in the nyne and thirtieth
yeere of the Reigne of our late Sov~aing Ladie Queene Elizabeth for the
punishment of Rogues and Vagabond~ , and further to be bounde to his or
theire good behaviour for one whole yeere . (STAT-1600-E2-H,IV,1061.68)
Provided , That no Attainder of Felonie by vertue of this Acte shall
extend to any Attainder or Corruption of Blood , or forfeiture of any
Goods Chattels Land~ Tenement~ or Hereditament~ .
(STAT-1600-E2-H,IV,1061.69)
And be it further enacted by the authoritie aforesaide , That it shall
be lawfull for Justices of Peace Mayors Bayliff~ and other Head
Officers aforesaide to appointe , within the severall Limitt~ ,
Searchers Watchmen Examiners Keepers and Buriers , for the persons and
places respectivelie infected as aforesaide ; and to minister unto them
Othes for the p~formance of their Offices of Searchers Examiners
Watchmen Keepers and Buriers , and give them other directions , as unto
them for the present necessitie shall seeme good in theire discretions
. (STAT-1600-E2-H,IV,1061.70)
And this Acte to continue no longer then untill the ende of the firste
Session of the next Parliament . (STAT-1600-E2-H,IV,1061.71)
Provided alwaies and be it enacted by authoritie of this p~sent
Parliament , That no Mayor Bayliff~ Head Officers or any Justices of
Peace shall , by force or p~text of any thinge in this Acte conteined ,
doe or execute any thinge before mentioned , within either the
Universities of Cambridge or Oxforde , or within any Cathedrall Church
, or the Liberties or Precinct~ thereof , in this Realme of England ,
or within the Colledges of Eaton or Winchester ; But that the
Vicechauncellor of either of the Universities for the tyme beinge ,
within either of the same respectivelie , and the Bishop and Deane of
everie such Cathedrall Church , or one of them , within such Cathedrall
Church , and the Provost or Warden of either of the saide Colledges
within the same , shall have all such power and authoritie , and shall
doe and execute all and everie such Acte and Act~ Thinge and Thing~ in
this Acte before mentioned , within theire severall Precinct~ and
Jurisdictions abovesaide , as whollie absolutelie and fullie to all
Intent~ and Purposes as any Mayor Bailiff~ Head Officers or Justices of
Peace within theire severall Precinct~ and Jurisdictions may elswhere
by force of this Acte doe and execute . (STAT-1600-E2-H,IV,1061.72)