And that if the said Offence and Offences of not paying so much or so great Wages to their said Workmen, Work-women and others, shall be confessed by the Offender, or that the same shall be proved by two sufficient and lawful Witnesses before the Justices of Peace in their Quarter-Sessions of the Peace, the Justices of Assize in their Sessions, or before any two Justices of the Peace, whereof one to be of the Quorum; That then every such Person shall forthwith stand and be in Law convicted thereof: (3) Which said Forfeiture of ten Shillings shall be levied by Distress and Sale of the Offender's Goods, by Warrant from the said Justices before whom any such Conviction shall be had; which Sale shall be good in Law against any such Offender and Offenders.
The Rates of Wages need not to be certified into the Chancery, but proclaimed in the County.VIII. And be it further enacted, That no Person or Persons shall incur any Danger or Penalty for not making Certificate unto the King's most Honourable Court of the Chancery, of any Rates of Wages appointed to be certified by the said Act made in the said fifth Year of the said late Queen[1], so as the same according to the true Intent of this Law; (2) but the said Rates ingrossed in Parchment and sealed as aforesaid shall, if the same be in any Shire, be kept by the Custos Rotulorum' of the said County, amongst the Records in his Custody for the said Shire, and in any City or Town Corporate, amongst the Records of the said City or Town Corporate, The Continuance of this Act (3) This Act to continue until the End of the next Parliament.
A Clothier being a Justice of peace shall be no Rater of Wages for Spinsters, &c.IX. Provided nevertheless, and be it enacted by the Authority aforesaid, That no Clothier being a Justice of Peace in any Precinct or Liberty, shall be any Rater of any Wages for any Weaver, Tucker, Spinster or other Artizan that dependeth upon the making of Cloth: (2) And in Case there be not above no Rater of the Number of two Justices of the Peace within such Precinct or Liberty, but such as are Clothiers; That in such Case, the same Wages shall be rated and assessed by the major Part of the Common Council of such Precinct or Liberty, and such Justice or Justices of Peace (if any there be) as are not Clothiers.[2]
CAP. VII.
REP. An Act for the Continuance and Explanation of the Statute made in the thirty-ninth Year of the Reign of the late Queen Elizabeth, intituled. An Act for Punishment of Rogues, Vagabonds and Sturdy Beggars.[3]
CAP. VIII.
An Act to take away the Benefit of Clergy for some kind of Manslaughter.
Clergy taken from him that doth stab another having not a Weapon drawn.[4][5][6][7][8]'TO the End that stabbing and killing Men on the sudden, done and committed by many and wicked Persons, in the Time of their Rage, Drunkenness, hidden Displeasure, or other Passion of Mind, contrary to the Commandment of Almighty GOD, and the common Peace and Tranquillity of this Realm, may from henceforth be restrained through fear of due Punishment to be inflicted on such cruel and bloody Malefactors, who heretofore have been thereunto emboldened by presuming on the Benefit of Clergy:'
[9]II. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, That every Person and Persons which after one Month next ensuing the End of this present Session of Parliament, shall stab or thrust any Person or Persons that hath not then any Weapon drawn, or that hath not then first stricken the Party which shall so stab or thrust, so as the Person or Persons so stabbed or thrust shall thereof die within the Space of six Months then next following, although it cannot be proved that the same was done of Malice forethought, yet the Party so offending, and being thereof convicted by Verdict of twelve Men, Confession or otherwise according to the Laws of this Realm, shall be excluded from, the Benefit of his or their Clergy, and suffer Death as in Case of wilful Murder.
Killing another in Defence of himself, by misfortune, in preserving the Peace, or giving Correction III. Provided always, That this Act or any Thing therein contained, shall not extend to any Person or Persons which shall kill any Person or Persons se defendendo, or by Misfortune, or in any other Manner than as aforesaid; (2) nor shall extend to any Person or Persons which in keeping and preserving the Peace shall chance to commit Manslaughter, so as the said Manslaughter be not committed wittingly, willingly and of Purpose, under Pretext and Colour of keeping the Peace; (3) nor shall extend to any Person or Persons which in chastising or correcting his Child or Servant, shall besides his or their Intent and Purpose chance to commit Manslaughter. (4) This Act to continue until the End of the first Session of the next Parliament.[10]
CAP. IX.
An Act to restrain the inordinate Haunting and Tipling in Inns, Alehouses, and other Victualing-Houses.
The true and principal use of Inns and Ale-houses. 5&6 Ed. 6. c. 2'WHEREAS the ancient, true and principal Use of Inns, Ale-houses and Victualling-houses was for the Receit, Relief and Lodging of Wayfaring People travelling from Place to Place and for such Supply of the Wants of such People as are not able by greater Quantities to make their Provision of Victuals, and not meant for Entertainment and Harbouring of lewd and idle People to spend and consume their Money and their Time in lewd and drunken Manner:'
- ↑ 5. Eliz. c. 4.
- ↑ [3 Car. 1. c. 4. Continued until the end of the first Session of the next Parliament, and farther continued by 16 Car. 1. c. 4.]
- ↑ [Continued by 3 Car. i. c. 4. and further continued by 16 Car. i. c. 4,- but Repealed by 12. Anne, Stat. 1. c, 23. §. 28.]
- ↑ 1 Bulstr 87
- ↑ Godbolt 154. pl 204.
- ↑ Stile 86, 468
- ↑ 1 Hale's PC 466.
- ↑ Fosters' Rep. of Crown Cases.
- ↑ Alenn 43,44
- ↑ [Continued by 3 Car. 1. c. 4. and 16 Car., 1. c. 4.]
