CHAPTER VIII . (STAT-1570-E2-P1,4,542.3)
AN ACTE AGAINST USURIE . (STAT-1570-E2-P1,4,542.4)
Whereas in the Parliament holden the seven and thyrtey yere of the
Raigne of our late Soveraigne Lord Kyng Henrye the Eight of famos
Memory , there was then made and established one good Act for the
Reformation of Usurie ; by which Act the Vice of Usurie was well
repressed , and specially the corrupt Chevisaunce and bargaynyng by way
of Sale of Wares and Shift of Interest ; And where since that tyme by
one other Acte made in the fyft & sixe yeres of the Raigne of our late
Sov~aine Lord Kynge Edward the Syxte the said former Acte was repelled
, and newe Provisoes for repressing of Usurie devised and enacted ;
w=ch= said latter Acte hathe not done so muche good as was hoped it
shoulde , but rather the said Vyce of Usurye , and specially by waye of
Sale of Wares and Shiftes of Interest hathe much more excedingly
abounded , to the utter undoinge of many Gentlemen Marchauntes
Occupiers and other , and to the importable Hurte of the Co~mon wealth
, aswell for that in the said latter Acte there is no p~vysion agaynst
such corrupt Shyftes and Sales of Wares , as also for that there is no
difference of payne forfayture or punyshement uppon the greater or
lesser exactions and oppressions by reason of Lones upon Usurie : Bee
yt therefore enacted , That the said latter Statute made in the fyfte
and syxe yeres of the Raigne of Kyng Edward the Syxte , and every
Braunch and Article of the same , from and after the fyve and twenty
daye of June next comming , $shall $be {TEXT:shalbe} utterly abrogated
repelled and made voyde ; and that the sayd Acte made in the said seven
and thyrtey yere of Kyng Henry the Eight , from and after the said fyve
and twentey daye of June next commyng , $shall $be {TEXT:shalbe}
revived and stand in full Force Strengh and Effecte .
(STAT-1570-E2-P1,4,542.6)
And bee yt further enacted , That all Bondes Cantractes and Assuraunces
, collaterall or other , to be made for payment of any Principall or
Mony to be lent , or Covenaunt to be p~formed upon or for anye Usurie
in lendynge or doyng of any Thinge agaynste the said Acte nowe revyved
, upon or by w=ch= Loane or Doinge there $shall $be {TEXT:shalbe}
reserved or taken above the Rate of Tenne Pound~ for the Hundred for
one yere , $shall $be {TEXT:shalbe} utterly voyde .
(STAT-1570-E2-P1,4,542.7)
And bee yt further enacted , That all Brokers Solicitors and Drivers of
Bargaynes for Contractes or other Doinges agaynst the said Statute nowe
revyved , whereupon $shall $be {TEXT:shalbe} reserved or taken more
then after the Rate of Tenne Poundes for the Loane of a Hundred Poundes
for a yere , $shall $be {TEXT:shalbe} to all Intentes and Purposes
judged punyshed and used as Counsellours Atturneys or Advocates in any
case of Premunire . (STAT-1570-E2-P1,4,542.8)
And forasmuch as all Usurie being forbydden by the Lawe of God is synne
and detestable ; Bee it enacted , That all Usurie Loane and forbearing
of Monye , or gevyng Dayes for forbearing of Monye by way of Loane
Chevysaunce Shyftes Sale of Wares Contracte or other Doynges whatsoever
for Gayne mentioned in the said Statute w=ch= is now revyved ,
whereuppon is not reserved or taken or covenaunted to be reserved payde
or geven to the Lender Contracter Shyfter Forbearer or Deliverer above
the Summe of Tenne Poundes for the Loane or Forbearinge of a Hundred
Poundes for one yere , or after that Rate for a more or lesser summe or
tyme , $shall $be {TEXT:shalbe} from the fyve and twentey daye of June
next coming , punished in fourme folowinge , (STAT-1570-E2-P1,4,542.9)
that is to saye ; That every suche Offendor agaynst this Braunche of
this present Statute shall forfayte so muche as $shall $be
{TEXT:shalbe} reserved by way of Usurie above the Principall for any
Money so to be lent or forborne ; All such Forfaytures to be recovered
and imployed as is lymited for Forfaytures by the saide former Statute
nowe revyved . (STAT-1570-E2-P1,4,542.10)
And bee it further enacted , That Justices of Oyer and Terminer and
Justices of Assise in theyr Circuites , Justices of Peace in theyr
Sessions Maiors Sheryffes and Bayliffes of Cyties , shall also have
full Powre & Aucthorytie to enquyre heare and determyne of all and
singul=r= Offences commytted agaynst the sayd Statute now revyved .
(STAT-1570-E2-P1,4,542.11)
And be yt further enacted , That the sayde Statute nowe revyved $shall
$be {TEXT:shalbe} most largely and strongly construed for the
repressing of Usurie , and against all p~sons that shall offend
agaynste the true meaning of the said Statute by any Way or Device
dyrectly or indyrectly . (STAT-1570-E2-P1,4,542.12)
Provyded alway , That this Statute doth not extend nor $shall $be
{TEXT:shalbe} expounded to extend unto any Allowaunces or Paymentes for
the finding of Orphanes accordinge to the auncient Rates or Customes of
the Citie of London or any other Citie where lyke Order is for the
Custodye of Orphanes and theyr Goodes , as is in the said Citye of
London . (STAT-1570-E2-P1,4,542.13)
Provided alwayes , and be it further enacted by thaucthoritie aforesaid
, That yf anye p~son or p~sons shall from and after the said fyve and
twentey daye of June offend contrary to the saide Statute revyved by
this present Acte made in the seven and thyrtey yere of the Raigne of
the said late Kyng Henry the Eight , that then all and every suche
Offendour & Offendours shall and maye also be punished & corrected
according to the Ecclesiasticall Lawes heretofore made agaynst Usurie ;
And that all and every person and p~sons offendinge in Usurie Shyftes
or Chevysaunce agaynst this present Acte , and not taking or receyvinge
but onely after the Rate of Tenne Poundes in the Hundred or
und=r= for a yeare , $shall $be {TEXT:shalbe} onely punyshed by the
Paynes and Forfaytures provyded and appoynted by this Acte agaynst
suche as shall not take or receave over and above the Rate of Tenne
Poundes in the Hundred for a yere , and not otherwyse .
(STAT-1570-E2-P1,4,543.14)
Thys Acte to contynue and endure for and during the space of fyve yeres
next after thend of this present Parliament and from thence unto thend
of the fyrst Session of the Parliament then next ensuinge ;
(STAT-1570-E2-P1,4,543.15)
And bee yt further enacted by thaucthoritie aforesayd , That yf this
present Act shall not be contynued in the fyrst Session of the
Parliament next ensuing the said tearme of fyve yeres , and then in the
same Session no other Statute or P~vysion made agaynste Usurie or
corrupt Chevysaunce , that then all and every the Lawes and Statutes
repelled by this Acte shall remayne and be of such lyke Force and
Effect as yf this present Acte had never ben had ne made .
(STAT-1570-E2-P1,4,543.16)
CHAPTER I . (STAT-1570-E2-P1,4,588.19)
AN ACTE FOR THE PUNYSHEMENT OF SUCHE AS SHALL REBELLYOUSLY TAKE OR
DETEYNE , OR CONSPIRE TO TAKE OR DETEYNE FROM THE QUEENS MA=TIE= , ANY
OF HER CASTELLES TOWERS FORTRESSES HOLDES , &C .
(STAT-1570-E2-P1,4,588.20)
For the better avoyding of all suche unlawfull Practises secret
Conspiracies and Devises , as latelye have been stirred and moved by
some evell disposed p~sons againste our moste gratiouse Soveraigne
Ladye the Queene , in seeking by false Conspiracyes and undue Meanes to
surpryse and take from her Majestie some of her Castelles Towres
Fortresses Shippes Ordinances Artillerye & other Munitions of Warre :
Bee yt enacted by the Queenes moste Excellent Majestye , with Thassent
of the Lordes Spirituall and Temporall , and the Commons in this p~sent
Parliament assembled , and by Aucthorytye of the same , That yf any
p~son or p~sons whatsoever at any Tyme hereafter doe , within this
Realme or elswhere , unlawfully and of his or their owne Aucthorytie ,
compasse imagine conspire practyse or devyse by any Wayes or Meanes
with Force or by any Crafte Devyse or Sleight , maliciously and
rebellyously to take , or to deteyne or keep from our said Soveraigne
Ladye the Queene , anny of her Castelles Towres Fortresses or Holdes ,
or malytyously and rebellyously to rase burne or destroye any Castell
Bulwercke or Forte , or any parte of them , having any Munic~on or
Ordinance of the Queenes Ma=ties= therein , or appoincted to bee garded
with any Souldiours for Defence thereof , within this Realme or within
any of her Ma=ties= Dominions or Countreis or the Marches of the same ,
and the same Compasses Imaginac~ons Practises Conspiracyes or Devices
or any of them , shall and doe advisedly by any express Woordes Speache
Acte Deed or Wryting expresse utter or declare for any the malytiouse
and rebelliouse Intentes aforesaid , that then everye suche p~son and
p~sons so hereafter offendinge in any the p~misses , their Aydours
Councellours Comforters Consentours and Abettours knowing thereof ,
being thereof lawfully convicted according to the Lawes of this Realme
, $shall $be {TEXT:shalbe} judged a Felon and Felons , and that every
suche Offence $shall $be {TEXT:shalbe} judged to bee Felony , and the
Offendoure and Offendours therein , their said Aydours Comforters
Counsellours and Abettours , being thereof lawfullye convicted , shall
have and suffer paynes of Deaths as in cases of Felonye , without
having any Benefyte of Cleargye or Sainctuarye , and also shall
forfayte and lose all his Goodes and Cattelles Landes & Ten~tes as in
other cases of Felonye hathe been used and accustomed .
(STAT-1570-E2-P1,4,588.22)
And bee yt further enacted by thaucthorytye aforesaid , That yf any
person or persons doe at any tyme hereafter with Force malyciouslye and
rebellyouslye deteyne keepe or w=th=hold from the Queenes Ma=tie= , any
of her Castelles Towres Fortresses or Holdes , within this Realme or
within any her Ma=ties= Domynions or Countreis or Marches of the same ,
or do malytiously rebellyouslye and with Force deteyne keepe or
withhold from her Ma=tie= any of her Shippes Ordinaunce Artyllerye or
other Munitions or Fortyfycaco~ns of Warres , and doe not rendre and
give up the same to our said Soveraigne Ladye , or to suche person as
her Ma=tie= shall appointe to receave the same to her Ma=ties= use ,
within syxe dayes next after hee or they so offending $shall $bee
{TEXT:shalbe} co~maunded by our said Soveraigne Ladye the Queene , by
open Proclamations under the Greate Seale of England to bee made in any
Place or Markett Towne within the Countye where any suche Offence
$shall $bee {TEXT:shalbe} committed , Or shall wyllfullye malytiously
and rebellyously burne or destroye , or cause to be burned or destroyed
, any of the Queens Shippes , Or malytiouslye and rebellyouslye barre
or cause to bee barred any Haven within any of the Queenes Ma=ties=
Domynions , That then everye suche person and persons so offending ,
their Aydours Councellours and Abettours , being thereof lawfully
convicte according to the Lawes of this Realme , $shall $bee
{TEXT:shalbe} adjudged Traytou=rs= , and their Offences in any of the
Premysses , $shall $bee {TEXT:shalbe} accepted judged and taken for
Highe Treason , and the Offendours therein , their Aydours Councellours
and Abettours , being thereof lawfullye convycte according to the Lawes
of this Realme , shall have and suffer suche paynes of Deathe , and
also shall forfayte and lose , as in Cases of Highe Treason is lymyted
and accustomed . (STAT-1570-E2-P1,4,588.23)
This Acte to endure during the Queenes Ma=ties= Lyef that nowe is onlye
. (STAT-1570-E2-P1,4,588.24)
CHAPTER II . (STAT-1570-E2-P1,4,589.27)
AN ACTE AGAINSTE SUCHE AS SHALL CONSPYRE OR PRACTYSE THE ENLARGEMENT OF
ANY PRISONER COMMITTED FOR HIGHE TREASON . (STAT-1570-E2-P1,4,589.28)
Forasmuch as greate Daunger maye ensue to the Queens Ma=ties= Person ,
and great trouble to the State of the Realme , by unlawfull
Conspiracyes Devyces and Imaginac~ons , to enlarge and sett at lybertye
suche p~sons as bee or $shall $bee {TEXT:shalbe} coomytted {COM:sic} to
any Pryson Gard or Custodye for any Treason touching the Royall Person
of our said Soveraigne Ladye : againste whiche Devyces Conspiracyes and
Imaginations sufficyent Remedye by the Lawes of this Realme hathe not
been heeretofore had ne provided , unles the same Conspiracyes
Imaginations and Devyces were executed and brought to Effecte : Bee yt
therefore enacted by our said Soveraigne Ladye the Queen , the Lordes
Sp~uall and Temporall and the Commons in this Parlyament assembled and
by the Aucthorytye of the same , That yf any person or persons , at any
tyme after the Ende of this p~sent Session of Parlyament , shall
imagine conspyre devyse invent or goe about unlawfully and maliciouslye
to enlardge or sett at Lybertye anny person or persons co~mytted or to
be co~mytted to any Pryson Garde or Custodye by her Highnes especyall
Co~maundement , for any Treason or suspition of Treason concerning the
person of our said Soveraigne Ladye the Queene , before any Indyctament
of suche person so sought or intended to bee sett at Large or Lybertye
as ys aforesaid ; And the same Conspiracies Imaginac~ons Devyses or
Inventions , shall by expresse Woordes Wryting or other Matter or Acte
expressely or manyfestly set forthe utter or declare , That then every
person so offending shall incurre the Penaltye & Forfayture of
myspryssion of Treason , and that all and every Offence and Offences to
bee commytted and donne as is aforesaid $shall $bee {TEXT:shalbe}
deemed and taken for mysprysion of Treason . (STAT-1570-E2-P1,4,589.30)
And bee yt also enacted by the Aucthorytee aforesaid , That yf any
person or persons , at any tyme after thend of this p~sent Session of
Parlyament , shall imagyne conspyre devyse invent or goe aboute
unlawfullye and malytiouslye to enlarge or set at Lyb~tie any person or
persons co~mytted or to bee co~mytted to any Pryson Garde or Custodye ,
being or which hereafter $shall $be {TEXT:shalbe} indycted of any
Treason in any wyse concerning the person of our said Soveraigne Ladye
the Queene , and the same Conspyracies Imaginac~ons Devyses or
Inventions $shall $by {TEXT:shalby} expresse Woordes Wryting or other
Matter or Acte expressely or manyfestly sett forthe utter or declare ,
that then every suche person so offending , $shall $bee {TEXT:shalbe}
deemed & adjudged a Felon , and suffer losse and forfayture as in cases
of Felonye by the due course of the Lawe of this Realme .
(STAT-1570-E2-P1,4,589.31)
And bee yt further enacted by thaucthorytye aforesaid , That yf any
person or persons , at any tyme after thend of this p~sent Session of
Parlyament , shall imagine conspyre devyse invent or goe about
unlawfully and malitiouslye to enlardge or sett at Lybertye any p~son
or p~sons being co~mytted to any Pryson Garde or Custodye , after the
same person or persons ys or $shall $bee {TEXT:shalbe} attaincted or
convicted of anny Treason in anny wyse conc~ning the Royall Person of
our said Soveraigne Ladye the Queene , and the same Conspiracyes
Imaginations Devyses or Inventions $shall $by {TEXT:shalby} expresse
Woordes Writing Matter or Acte , as is aforesaid , sett forthe utter or
declare , that then everye suche person so offending $shall $bee
{TEXT:shalbe} deemed and adjudged an Highe Traytour and shall suffer
losse and forfayte as in cases of Highe Treason by the Lawe and
Statutes of this Realme . (STAT-1570-E2-P1,4,589.32)
This Acte to endure during the Queenes Majesties Lyef that nowe ys
onelye . (STAT-1570-E2-P1,4,589.33)