❀ By the queen. ¶ A Proclamation for the due observation of Fish dayes, suppressing of unnecessary number of Alehouses, and for the better execution of the late act for punishment of Rogues, Vagabonds and beggars. THe queens most excellent majesty graciously considering, the great and manifold inconveniences, which daily increase within this her majesties realm, for want of due execution of such good and wholesome Statutes, as haue from time to time been made, forbidding the eating of flesh on dayes and times prohibited, whereby almighty God is justly offended, the prices of victuals are greatly enhanced and raised, and the whole common wealth of this realm greatly damnifled, and seafaring men and Mariners greatly diminished: And purposing the redress and reformation thereof, of her Princely care for the weal and good of her loving Subiects, willeth and commandeth that all and every the Noblemen, Knights, Esquires, and others being of the better sort of her Highnesse Subiects, do from time to time take order that the said Statutes be duly observed and kept, within their own houses amongst their families, seruants, and followers, whereby others her Highnesse good and loving Subiects, may be drawn and admonished by their good example, to use and keep the like orders within their several houses and abidings. And further, her Highnesse straitly chargeth and commandeth, that all and every inn keepers, taverners, Alehouse keepers, and other persons whatsoever, using any trade of victualling within this realm, shall with all convenient speed enter into Bond with sufficient sureties to her majesty, the sureties to be bound in ten pounds a piece, and the parties in the sum of twenty pounds, That they shall not willingly permit or suffer any kind of flesh to be eaten in their houses by any person, vpon any dayes prohibited by the said Statutes. And that the Iustices of Peace, within all and every the Counties, Cities, Boroughs, towns, place and places of this realm, do with all convenient speed within their several limits, take the said Bonds, of all and every such persons accordingly. And that the said Iustices of Peace do from time to time certify and return all and every such Bonds, so by them, or any of them taken, as is aforesaid, unto the Barons of her Highnesse Exchequer within the space of three Moneths after the taking thereof, to the end that the same Bonds may remain in the custody of such Officer, as by the said Barons of her Highnesse Court of Exchequer shall be assigned and appointed to keep the same. And that the said Iustices of Peace and every of them shal from time to time do their best endeavours, to learn and find out whether any of the said persons so bound before them shall not observe the condition of their bonds. And if they shall find any such Bond to be forfeit, that they do with all convenient speed certify the said forfeiture, and the cause thereof unto the said Barons, to the end that such course may forthwith be taken for the levying of the same forfeitures, as to Iustice appertaineth, and is agreeable to the course of our said Court of Exchequer. And her Highnesse further willeth and commandeth, that if any inn keeper, taverner, Alehouse keeper, or other Victualler whatsoever, within this her Highnesse realm, shall refuse to enter into such Bond, as is aforesaid, that then and from thenceforth, all and every such inn keeper, taverner, Alehouse keeper, and other Victualler, so refusing to enter into Bond, as is aforesaid, shall be debarred and restrained from keeping of any such inn, tavern, Alehouse, or other victualling house, until such time as he shall haue entred into such Bond with Sureties, as is before. And further, her Highnesse straitly chargeth and commandeth, that no Butcher bee suffered or licensed to kill any flesh to be spent in the time of Lent, but onely in great Cities, that be Counties of themselves, and in those such onely, as shall be very fit and needful to serve to make provision for the sick and weak, and as shall be lawfully licensed, without giuing any thing for any such licence or sufferance to any person or persons directly or indirectly. And for that the unnecessary numbers of Alehouses, and victualling houses, since God hath blessed this realm with a competent store of corn, haue been suffered greatly to increase, seeing they are the occasions not only of great waste, riot, and expenses, whereby an unlooked for dearth may eftsoons fall on this realm, but also of infinite idleness, thefts, and other inconveniences and disorders within the same, to the great displeasure of almighty God, and ruin of the common weal of this realm: Therefore her majesty straightly chargeth and commandeth, that the said unnecessary and superfluous number of Alehouses and victualling houses, be from time to time kept down and restrained by the Iustices of the Peace, and other her Highnes Officers to whom it shall appertain. And that no Alehouses nor victualling houses be suffered, but such as shall be very needful, and the same to be onely in fit and needful places, and to be kept by such persons as shal be thought very fit for the same, and which shall be careful to observe all such good orders, as are or shall be prescribed unto them. And where also diuers good laws and Statutes haue been lately made for the suppressing and punishment of Rogues and Vagabonds, wandring up and down this realm idly and insolently, to the great offence of almighty God, and of her majesty, and of all honest and well disposed subiects, and to the great prejudice of this whole common weal, which laws and Statutes, so long as by the good and faithful care and diligence of her Highnes Iustices of Peace & other inferior Officers they were duly and carefully pursued and executed, the said Rogues and Vagabonds in many places for a while were greatly diminished, and idleness, thefts, and other insolences and disorders very much avoyded, and the wealth and happiness of this realm were likely thereby to haue increased and grown more abundant: But when and as soon as, through the negligence and remissness of the said Iustices and other Officers, the said laws and Statutes were not put in due execution, many great enormities and disorders began forthwith to trouble and encumber the happy, quiet and good government of this realm, which are likely daily more and more to increase and grow if some speedy remedy be not applied to reform and redress the same. In consideration whereof her majesty doth straightly charge and command all and every the high Constables, and other the head Officers of every Hundred, Wapentake, precinct and liberty within this realm, that they and every of them, once in every month do call before them the inferior Officers within the said Hundred, Wapentake, and liberty, and to inquire, know, and understand, how the same laws and Statutes haue been observed within their several jurisdictions, and in whom any default hath been that the same haue not been observed: And that the Iustices of the Peace of every limit, once every six weekes take a like account of the head Constables, and other chief Officers within their several limits, how the premises haue been observed, and in whom any default or negligence hath been, and that thereupon they bee admonished carefully to see to the due and speedy punishment of the offenders therein according to the laws. And further her majesty willeth and requireth all Iustices of peace, to whose trust and care her Highnesse hath, and doth chiefly commit the execution of every part of this her Proclamation, that they and every of them do faithfully, diligently, and effectually demean themselves in the due performance therof in every degree according to the confidence which her Highnes reposeth in them in that behalf. Otherwise, her Highnesse hath given express order and commandment, that the said Iustices, through whose negligence, remissness, or connivency the said offences shalbe continued, shall be called to answer, and give an account thereof, & receive such condign punishment for the same, as to the quality of such their offence and contempt shall appear most fit and convenient. And to the end that the premises may the better be observed and kept, her majesty hath caused an abstract of such Statutes as are thought fit to be put in execution by force of this Proclamation, to be annexed hereunto: willing and commanding that the said abstract be openly red and published by the clerk of the Peace for the time being at every quarter Sessions to be holden within this realm, and once every quarter at the left in every Parish Church by the person, Minister or Curate thereof. given at her Highnesse Mannor of Richmond the xiiii. day of january, in the two and fortieth year of her Highnesse reign. God save the queen. Anno 5. Reginae. cap. 5. IF any person of what estate or degree soever do within this realm eat any flesh vpon any dayes, usually observed as fish dayes, do forfeit three pound for every time he shall offend, or else suffer three Moneths close imprisonment without bail or mainprize. And every person of what estate or degree soever, in whose house any such offence shall be done, and being privy or knowing thereof, and not effectually punishing or disclosing the same to some public Officer, having authority to punish the same, for every such offence to forfeit forty shillings, which forfeits are to be divided into three equal parts, one part to the use of her majesty, the second to the use of the Informer, the third to the common use of the Parish where any such offence is committed. No person ought to keep any common Alehouse, or use common selling of Ale or beer, unless such person be admitted thereunto in open Sessions of the Peace, or else by two Iustices of the Peace, whereof the one to bee of the Quorum, and be bound by surety by recognisance, against the using of unlawful games, and for the maintenance of good order, vpon the penalty contained in that Statute: this Act doth also extend to tippling in inns by such as are no passengers or wayfaring men, and to common selling of Ale and beer by Inholders. Anno 39. Reg. Eliz. cap. 4. THat Iustices of Peace and all other Officers and Ministers to whom it appertaineth, do see this Act duly and carefully put in execution in all points: for the better effecting whereof, certain doubts and questions which haue arisen, or may arise vpon the general words of the same, are here expounded and resolved. A Rogue affirmeth that he was born in such a town in such a county, He ought to bee sent thither, if it may not otherwise appear he was born else where. And if he were not born there in truth, he is to be said an incorrigible Rogue, and to be sent thence to the house of Correction in the county to which he is sent. If there be none there, then to the Gaole until the next Sessions, there to be dealt with according to the Statute. If the husband or wife haue a house, and the husband or wife rogue about, they ought to be sent to the town where that house is, and so of an Inmate. If the Parents be able to work, and may haue work, they are to find their children by their labour, not the Parish. But if they be over burdened with children, it shall be a very good way to procure some of them to be placed Apprentices according to the Statute. The same course is to be observed, if it appear not where he was born, if he affirmeth that he was last dwelling in such a town in such a county by the space of a year, and was not. The wife and children under seven yeeres of age being vagrant, must go and be placed with the husband. If the husband be dead, then with the wife where she was born or dwelled. And the vagrant children above seven yeeres of age, must be sent to the place of their birth. And if after the vagrant Parents with their children under seven yeeres be placed at the place of the birth of the Parents, or at their place of last dwelling, as the case shall fall out, If after the Parents or either of them die or run away, yet the children once settled must remain there still, and not be sent to their place of birth, though after they grow above the age of seven yeeres. The Rogue whose place of birth or dwelling cannot be known, hath wife and children under seven yeres of age, they must go with the husband to the place where they were last wilfully suffered to pass without punishment, where the children must be relieved by the work of their Parents, though the Parents be committed to the house of Correction. If any travell with their children through a town not being Rogues, and the Father or Mother die or run away, the town is not bound to keep them where they die, nor to sand them away but in charity, except they become wandring beggars. The wife being a vagrant Rogue ought to be sent to the husband, though he be but a seruant in another town. Such persons as be of any Parish and haue able bodies to work, and bee no wanderers abroad out of the Parish though they refuse to work at such wages as is taxed or commonly given in these parts, are notwithstanding not to be sent to their place of Birth or last dwelling by the space of a year, but to the house of correction, vpon consideration had of both the Statutes of the poor and Rogues, But if they haue any lawful means to live by though they be of able bodies and refuse to work, yet are they not to be sent to the house of Correction. No man is to be put out of the town where he dwells, nor to be sent to their place of birth or last habitation, but a vagrant Rogue, nor to be found by the town except he be impotent, but ought to set himself to labour if he be able: And the overseers must set him to labour, if he can get no labour, And so of them that haue or shall haue houses when their estates be expired, And seruants whose times of services are ended though they cannot get houses, for they must provide themselves houses anew if they be not impotent. Such as will put any out of the Parish that be not to be put out, this is against the Statute concerning the relief of the poor, and finable, And if any haue been so sent, they may be sent back again. If any be sent to a town, whereto he ought to be sent, and is refused being a sturdy, or an impotent Rogue, the persons refusing shal forfeit v. li. And he that is so to be sent, is to be offered to the Church wardens and overseers. To sand the Rogues by a general passport, without conveying them from Parish to Parish, is a let to the conveying of Rogues according to the Statute, and so a forfeiture of v. li. vpon them, And to go with such a passport, is still to continue a Rogue to be punished by whipping. A town will not receive a Rogue, to convey him to the place where he was born or dwelled, This is a forfeiture of v. li. in the Officers that should receive that party, to convey him or her over. None ought to be suffered to take relief at any mans door, though within the same Parish, unless it be by the order of the overseers according to the Statute, neither may any be suffered to beg by the high ways, though in their own Parish. Parents, within this word is included, a Father, or a Grandfather, Mother, or Grandmother. Children, within this word is included, any child, or grandchild being able. Parsons, or Vicars, &c. bee bound to the relief of the poor, as well as others, being inhabiting in the Parish as an Inhabitant. every one that hath Tithes impropriate, coal mines, or Lands in manuel occupation, &c. is chargeable, and so for such as haue saleable Woods proportioning the same to an annual benefit. If there be but one Churchwarden, he sufficeth with the other four overseers. ❀ Imprinted at London by Robert Barker, Printer to the queens most excellent majesty. 1599.