❧ An act for punishment of Rogues Vagabonds, and sturdy beggars. Anno xxxix. Reginae Elizabethae. FOr the suppressing of Rogues, Vagabonds, and sturdy beggars, Be it enacted by the authority of this present Parliament, that from and after the feast of Easter next coming, all Statutes heretofore made for the punishment of Rogues, Vagabonds or sturdy beggars, or for the erection or maintenance of houses of correction or touching the same, shall for so much as concerneth the same, be utterly repealed: And that from and after the said feast of Easter, from time to time it shall and may be lawful to and for the Iustices of Peace of any County or city in this realm or the Dominions of Wales, assembled at any quarter Sessions of the Peace within the same County, city, Borough, or town corporate, or the more part of them, to set down order to erect, and to cause to bee erected one or more houses of correction within their several Counties or Cities: For the doing and performing whereof, and for the providing of stocks of money, and all other things necessary for the same, and the raising and governing of the same, and for correction and punishment of offenders thither to be committed, such orders as the same Iustices or the more part of them shall from time to time take, reform, or set down in any their said quarter Sessions in that behalf, shall be of force, and be duly performed and put in execution. And be it also further enacted by the authority aforesaid, That all persons calling themselves Schollers going about begging, all Seafaring men pretending losses of their ships or goods on the Sea, going about the country begging, All idle persons going about in any country either begging or using any subtle craft, or unlawful games and plays, or feigning themselves to haue knowledge in physiognomy, palmistry, or other like crafty science, or pretending that they can tell destinies, fortunes, or such other like fantastical imaginations: All persons that be, or utter themselves to be Proctors, procurers, patent gatherers, or Collectors for gaols, prisons, or Hospitals. All Fencers, bear wards, common players of Interludes, and Minstrels, wandering abroad( other then players of Interludes belonging to any Baron of this realm, or any other honourable parsonage of greater degree, to bee authorised to play under the hand and seal of arms of such Baron or parsonage) All Iuglers, Tinkers, peddlers, and petty Chapmen wandering abroad All wandering persons and common Labourers, being persons able in body, using loitering, and refusing to work for such reasonable wages, as is taxed or commonly given in such parts, where such persons do, or shall happen to dwell or abide, not having living otherwise to maintain themselves, All persons delivered out of gaols that beg for their fees, or otherwise do travail begging: All such persons as shall wander abroad begging, pretending losses by fire, or otherwise: And all such persons not being felons, wandering and pretending themselves to be Egyptians, or wandering in the habit, form, or attire of counterfeit Egyptians, shall be taken, adiudged and deemed Rogues, Vagabonds, and sturdy beggars, and shall sustain such pain and punishments, as by this act is in that behalf appointed. And bee it enacted by the authority aforesaid, that every person which is by this present act declared to bee a Rogue, Vagabond, or sturdy beggar, which shall bee at any time after the said feast of Easter next coming, taken begging, vagrant, wandering or misordering themselves in any part of this realm, or the Dominion of Wales, shall vpon their apprehension by the appointment of any Iustice of the Peace, Constable, Headborough or tithingman of the same County, Hundred, Parish, or tithing, where such person shall be taken, the tithingman or Headborough, being assisted therein with the aduise of the Minister, and one other of that Parish, bee stripped naked from the middle upwards, and shall be openly whipped until his or her body be bloody: and shall be forthwith sent from Parish to Parish, by the Officers of every the same, the next strait way to the Parish where he was born, if the same may be known by the parties confession or otherwise. And if the same be not known, then to the Parish where he or she last dwelled before the same punishment by the space of one whole year, there to put him, or herself to labour as a true subject ought to do: Or not being known where he or she was born or last dwelled, then to the Parish through which he or shee last passed without punishment. After which whipping the same person shall haue a testimonial subscribed with the hand, and Sealed with the seal of the same Iustice of the Peace, Constable, Headborough or tithingman, and of the Minister of the same Parish, or of any two of them, testifying that the same person hath been punished according to this act, and mentioning the day & place of his or her punishment, and the place whereunto such person is limited to go, and by what time the said person is limited to pass thither at his peril. And if the said person through his or her default do not accomplish the order appointed by the said testimonial, then to be eftsoons taken and whipped, and so as often as any default shal be found in him or her, contrary to the form of this Statute, in every place to be whipped, till such person be repaired to the place limited: The substance of which testimonial shall be registered by the Minister of that parish, in a book to be provided for that purpose, vpon pain to forfeit five shillings for every default thereof, and the party so whipped, and not known where he or she was born, or last dwelled by the space of a year, shall by the Officers of the said Village where he or she so last past thorough without punishment, be conveyed to the house of Correction of the limit wherein the said Village standeth, or to the common gaole of that County or place, there to remain and bee employed in work, until he or she shall be placed in some service, and so to continue by the space of one year, or not being able of body, until he or she shall be placed to remain in some Almeshouse in the same County or place. provided always, and be it enacted, if any of the said Rogues shall appear to bee dangerous to the inferior sort of people where they shall be taken, or otherwise be such as will not be reformed of their rogish kind of life by the former provisions of this act, That in every such case it shall and may bee lawful to the said Iustices of the limit where any such Rogue shall be taken, or any two of them, whereof one to be of the Quorum, to commit that Rogue to the house of Correction, or otherwise to the gaole of the County, there to remain until their next quarter Sessions to be holden in that County, and then such of the same Rogues so committed, as by the Iustices of the Peace then and there present, or the most part of them, shall be thought fit not to bee delivered, shall and may lawfully by the same Iustices or the most part of them, be banished out of this realm, and all other the Dominions thereof, and at the charges of that country, shall be conveyed unto such parts beyond the Seas as shall be at any time hereafter for that purpose assigned by the privy council unto her majesty, her heires or successors, or by any six or more of them, whereof the L. Chancellor, or L. Keeper of the great seal, or the L. Treasurer for the time being to bee one, Or otherwise be judged perpetually to the Galleis of this realm, as by the same Iustices or the most part of them it shall be thought fit and expedient. And if any such Rogue so banished as aforesaid shall return again into any part of this realm or dominion of Wales, without lawful licence or warrant so to do, that in every such case, such offence shall be felony, and the party offending therein suffer death as in case of f●lony: The said felony to be heard and determined in that County of this realm or Wales, in which the offendor shall be apprehended. And be it also enacted by the authority aforesaid, that if any town, parish, or village, the Constable, Headborough or tithing-man be negligent and do not his or their best endeavours for the apprehension of such Vagabond, Rogue, or sturdy beggar, which there shall be found contrary to the form of this present act, and to cause every of them to be punished and conveyed according to the true meaning of this present act, that then the said Constable, Headborough, or tithing-man, in whom such default shall be, shall lose and forfeit for every such default x s And also if any person or persons do in any wi●e disturb or let the execution of this law or any part thereof, concerning the punishment or conveying of Rogues, Vagabonds, sturdy beggars, or the relief or settling of poor impotent persons in any maner of wise or make rescusse against any officer or person authorised by this present act for the due execution of any the pr●misses, the same person so offending, shal forfeit and lose for every such offence the sum of v. li. and shall be bound to the good behaviour. And be it also further enacted by the authority aforesaid, that no person or persons having charge in any voyage, in passing from the Realms of Ireland or Scotland, or from the Isle of Man into this Realm of England, do witting or willingly bring or convey, or suffer to be brought or conveyed in any vessel or boat, from and out of the said realm of Ireland, Scotland, or Isle of Man, into the realm of England or Wales, or any part thereof, any Vagabond, Rogue, or beggar, or any such as shall be forced or very like to live by begging within the realm of England or Wales, being born in the same realms or iceland, on pain of every such person so offending, to forfeit and lose for every such Vagabond, Rogue, beggar, or other person like to live by begging xx. s. to the use of the poor of the said parish in which they were set on land. And if any such Mannisk, Scottish, or Irish Rogue, Vagabond, or beggar, be already, or shall at any time hereafter be set on land, or shall come into any part of England or Wales, the same after he or she shall be punished as aforesaid, shall be conveyed to the next port or parish in or near which they were landed or first came, in such sort as Rogues are appointed to be by this present act, and from thence to be transported at the common charge of the country where they were set on land, into those parts from whence they came or were brought. And that every Constable, Headborough and tithing-man neglecting the due performance thereof, shall forfeit for every such offence x. s. Be it further enacted by the authority aforesaid, that no diseased or impotent poor person shall at any time resort or repair from their dwelling places to the city of Bath, or town of Buxton, or either of them to the baths there for the ease of their griefs, unless such person do so, bear to beg, and be licenced to pass thither by two Iustices of the Peace, of the County where such person doth or shall then dwell or remain, and provided for to travail with such relief, for and towards his or her maintenance, as shall be necessary for the same person, for the time of such his or her travell, and abode at the city of Bath and town of Buxton, or either of them, and return thence, and shall return home again as shall be limited by the said licence, vpon pain to be reputed, punished, and used as Rogues, Vagabonds, and sturdy beggars declared by this present act. And that the inhabitants of the same city of Bath, and town of Buxton, shall not in any wise be charged by this act, with the finding or relief of any such poor people. provided always that the Iustices of Peace within any County of this realm or Wales, shall not intromit or enter into any city, borough, or towns corporate, where be any Iustice or Iustices of the Peace for any such city, borough or town corporate for the execution of any branch, article or sentence of this act, for or concerning any offence, matter or cause growing or arising within the Precincts, liberties, or jurisdictions of such city, borough, or towns corporate, But that it may and shall be lawful to the Iustice and Iustices of the Peace, Mayors, bailiffs, and other head Officers of those cities, boroughs, and towns corporate, where there be such Iustices of the Peace to proceed to the execution of this Act, within the Precinct and compass of their liberties in such manner and form as the Iustices of Peace, in any County may or ought to do within the same County, by virtue of this Act, Any thing in this act to the contrary thereof notwithstanding. provided always that this Act, or any thing therein contained, shall not extend, to the poor people for the time being, in the hospital, called S. Thomas hospital, otherwise called the kings hospital, in the Borough of southwark, near adjoining to the city of London, but that the Mayor, commonalty and citizens of the said city of London for the time being, shall and may haue the rule, order and government of the said hospital, and of the poor people therein for the time being, any thing in this act to the contrary notwithstanding. provided always that this act, or any thing therein contained, or any authority thereby given, shall not in any wise extend to dishenherite, prejudice or hinder John Dutton of Dutton, in the County of Chester esquire, his heires or assigns, for, touching or concerning any liberty, pre-eminence, authority, jurisdiction or inheritance, which the said John Dutton now lawfully useth, or hath, or lawfully may or ought to use within the County Palantine of Chester, and the County of the city of Chester, or either of them, by reason of any ancient Charters of any kings of this land, or by reason of any prescription, usage or title whatsoever. And be it further enacted by the authority aforesaid, that all fines and forfeitures appointed, or to grow by this present Act,( except such as are otherwise limited and appointed by this present Act) shal wholly go and be employed to the use of the reparations, and maintenance of the said houses of Correction, and stock and store therof, or relief of the poor, where the offence shall be committed at the discretion of the Iustices of the Peace of the same limit, city, borough or town corporate: And that all fines and forfeitures appointed or to grow by conviction of any person according to this present Act, shall by warrant under the hands and seals of any two or more of the Iustices of the Peace of the same County, city, borough or town corporate, be levied by distress, and sale of the goods and chattels of the offendor, which sale shall be good in the Law against such offendor, And that if any of the said offences shall be confessed by the offendor, or that the same shall be proved by two sufficient and lawful witnesses, before such two or more Iustices of the Peace, That then every such person shal forthwith stand and b●e in the Law convicted thereof. And be it also further enacted by the authority aforesaid, that any two or more Iustices of the Peace within all the said several Shires, cities, boroughs or towns corporate, whereof one to be of the Quorum, shall haue full power by authority of this present act, to hear and determine all causes that shall grow or come in question, by reason of this act. And be it also further enacted by the authority aforesaid, that the Lord Chancellor or Keeper of the great seal of England for the time being, shall and may at all times hereafter by virtue of this present Act, without further warrant make and direct Commission or Commissions under the great seal of England, to any person or persons giuing them or some of them thereby authority, as well by the oaths of good and lawful men, as of witnesses, or examination of parties, or by any other lawful ways or means whatsoever, to inquire what sums of money or other things, haue been or shall be collected or gathered for, or towards the erection of any houses of correction, or any stocks, or other things to set poor on work, or for the maintenance thereof at any time, after the seventeenth day of november, in the eighteen year of the reign of the queens most excellent majesty, and by whom the same were or shalbe collected or gathered, and to whose hands commen, and to what use, and by whose direction the same was or shalbe employed. And to call all and every such person and persons, and their sureties, and every of their executors or administrators to an account: And to compel them and every of them by attachment of their goods or bodies to appear before them for the same, and to hear and determine the same, and to levy such money and things as they shall find not to haue been duly employed vpon the said houses of correction, or stocks, or vpon other like uses, having in such other like uses respect of things past by the said Commissioners to be allowed of, either by distress, and sale of the goods and chattels of such persons, as they shall think fit to be chargeable or answerable for the same, or by imprisonment of their bodies at their discretion: And that the said Commissioners shall haue full power and authority to execute the same Commission, according to the tenor and purport thereof: And that all their proceedings, doings, judgements, and executions by force and authority thereof, shall be and remain good and available in the Law: which said money so levied by the said Commissioners, shall be delivered and employed for the erecting or maintenance of the same. provided always nevertheless that every Sea-faring man suffering shipwreck, not having wherewith to relieve himself in his travels homewardes, but having a testimonial under the hand of some one Iustice of the Peace, of, or near the place where he landed, setting down therein the place and time where and when he landed, and the place of the parties, dwelling, or birth, unto which he is to pass, and a convenient time therein to be limited for his passage, shall and may without incurring the danger and penalty of this act in the usual ways, directly to the place, unto which he is directed to pass, and within the time in such his testimonial limited for his passage, ask and receive such relief as shall be necessary, in, and for his passage. provided also, that this statute, nor any thing therein contained, shall extend to any children under the age of seven yeares, nor to any such Glassemen, as shall be of good behaviour, and do travail in, or through any Country without begging, having licence for their traveling under the hands and seals of three Iustices of the Peace of the 〈◇〉 County where the● travell, whereof one to be of the Quorum. And be it also further enacted by the authority aforesaid, that this pre●ent Act shall bee proclaimed in the next quarter Session or Sessions in every County, and in such other market towns or places, as by the more part of the Iustices of the Peace in the said Sessions shall be agreed and appointed. This act to endure to the end of the first Session of the next Parliament. FINIS.