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) 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 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) CHAPTER XVIII . (STAT-1540-E1-P1,3,854.14) An Acte for true makinge of Kersies . (STAT-1540-E1-P1,3,854.15) 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 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) CHAPTER IX . (STAT-1540-E1-P1,3,996.26) An Acte against Usurye . (STAT-1540-E1-P1,3,996.27) 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) 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)