An Acte aginst the deceitfull stretching and taintering of Northerne Cloth (1597)
| Artifact Summary | |
|---|---|
| Artifact type | Statute |
| Creator/author | Parliament of England |
| Date | 1597 |
| Period | Tudor |
| City and country of origin | |
| Abstract | |
Entry
[Statutes of the Realm, Vol. IV, Part II, Anno 39° [& 40°] ELIZABETHE. A.D. 1597. [& 1597-8.], CHAPTER XX.]
true and faythfull Subject
moste humble and duetifull wise sheweth beseechinge your Highnes your the Clothiers & Chapman of your Counteis of York Lancaster and oth other your Heighnesse Counteis on the Northern Clothe, Northside of the Ryver of Trent; that notwithstandinge the many good and wholesome Lawes heretofore made
for the true makinge of good and true Clothes and Karsies, which Lawes either by some want in the Statut alreadye made, or for lacke of the due execuĉon of the said Lawes, have not onlye not restrained the great abuse in makinge of Clothes and Karsies, but rather have increased the same, insocmuche that the said Northen Clothes and Karsies doe yeerely and daylie growe worse and worse, and are made more light and muche more stretched and strayned then heretofore they have bene, to the great deceit of all Nations where the said Clothes and Karsies are soulde, and to the great shame and slander of the Countrye where the same ys made, and within shorte tyme like utterlye to overthrowe the Trade of Clothee making in those Cuntries, whereuppon so many thowsande of your Subjecte doe nowe lyve and are mainetained, which great Enormities your faythfull Subject doe chieflye impute to the great nomber of Tenters and other Engins daylie used and practized in the said Counties for the stretchinge and strayninge of the said Clothes and Karsies: Fon Remedie and Redresse whereof, your said Subjectť humblye beseeche your moste Excellent Majestie that yt maye please your Highnesse, with the Assent of the Lorde Spirituall and Temporall and the Comons in this sent Parliament assembled, and by the aucthoritye of the same, yt maye be enacted, any Statute or Law whatsoever to the contrarye notwithstandinge, That no psonn or psons within any the Counties aforesaid, from and after the twentithe daye of September now next comynge shall stretche or strayne or cause to be stretched or strayned, any Clothes Dozens Kersies Penystones Rugge Frizes Kighley Whites Playne Grayes, or any other Clothes by what Name or Names soever they be called, made or hereafter to be made within the said Countye of York Lancaster or any other the Countyes on the North of Trent, uppon paine to forfaite for every default fyve pounde
AND Further that no peonn or peons, from and after the said twentieth daye of September, within the Counties aforesaid, or any of them shall have use or occupie any Tenter, of what sorte or kynde soever, or any manner of Wrinche Rope or other Engins to stretch or strayne any Clothes Kersies Dozens Penystones Rugge Frises Cottons Kighley Whites Plaine Grayes, or any other Clothe of what kynde or name soever yt or they be called, made wrought or to be made or wrought within the said Counties; uppon payne that evye Offendor that shall have or use or exercise any such Tenter, of what sorte or kynde soever, or any manner of Rope Wrinche Ring Head or Ingine, shall forfaite for everye suche defaulte twentye pound(
And further that every peonn or psons within the Counties aforesaid or any of them, which shall make or cause to be made any Clothes Kersies Dosens Cottons Penystons Playne Grayes Kighley Whites Frises, or any other Clothe by what name or names soever yt or they be called, shall make the same of suche Weights Lengths and Breadthe as
the O
be made of the
and sealed by the
by the Statute of this Realme allreadye in force ys prided, under the paynes in the same Statutes contayned, and Soch Cloths shall before the same be sould or offered to be sould, shall sett his Seale of Lead unto every of the same Clothes Kersies Length and Wright Dozens Cottons Playne Grayes Penystons Kighley Whites Frises, or by what name or names soever yt or they be required by Law, called; In which said Seale of Lead shalbe contayned the true and just Length, and the true and juste Weight at the Makers. leaste, of every such Clothe Kersey Dozen Cotton Penyston Playne Graies Kighley Whites Frizes or by what name or names soever yt or they shalbe called, as yt shalbe duelye founde by due proofe thereof to be tried by water or weight; upon payne to forfeit every Clothe Dozen Cotton Kersey Penyston Playne Grayes Kighley Whites Freeses, or other Clothe by what name or names soever yt or they be called, which shalbe made within any the Countyes aforesaid, whereunto suche Srale as ya aforesaid shall not be putt and artt: And in case, uppon proofe to be made by water or wright of any such Clothes Keracis Dozens Cottona Penistones Playne Grales Kighley Whiten Frieses or any other Cloth as ya aforesaid, shalbe found of lesse waighte or of smaller content in Length then yn conteyned or specified in any of their said Scales, that the owner of every suche Clothes Kersies Dozons Cottons Penystones Playne Grayes Kighley Whites and Freezes, or any other Cloth by what Name or Names soever they be called as aforesaid, or any other pronn of peons in whose hand or possessions any suche Clothes Kersies Dozens Cottons Penistones Playne Grayes Kighley Whites Freeses, or any other Cloth by what Name or Names soever they be called, shall be founde, shall forfayte for every Yard wantinge in Length Foure Shilling; and for every Pounde wantinge in waighte twoe Shilling
AND for the better and more speedye and effectuall reforminge of all such abuses as ys aforesaid; Be yt further enacted, That in everye Paryshe Towne Village and Hamlett within the Counties aforesaid, where any Clothes, Kersies Dozens Cottons Penystones Playne Graies Kighley Whites Frises, or any other Clothe by what Name or Names soever they be called, shall be made or soulde, the Justices of Peace of the same Shire or Ridinge, or twoe of them at the least, and in every Citye Boroughe or Towne Corporate, the Head Officer or Officers of every of the same Cittye Boroughe or Towne Corporate, together with some one or two of the Justices of the Peace of the Shere or Ridinge next adjoyning to such Cittye Boroughe or Towne Corporate, shall have full power and aucthoritye, and shall by vertue of this Acte once every yere at the least, and as often as they shall thinke good, to convent and call before them by their peept or otherwise, twoe foure sixe or eighte, or more as they shall think good by their discretion, of the most honest descret and able Men of every suche Cittye Towne Vilage Hamlett or Parishe where any Clothe shall be made or solde, and then shall constitute ordeine and appointe to be Overseers for one whole Yere or Sixe Moneths, or shorter tyme at their discretions, then next followinge, within the Citye Boroughe Towne Vilage Hamlett or Pishe where the same Overseers shall be dwellinge; and shall and maye take them sworne and bounde in Recognizaunce of Fortie Pound a price to the use of your moste excellent Majestye and your Successors, to doe their best endevor by all lawfull Waies and Meanes for their tyme to see that this Statute in all poynt( shalbe truelye observed and kepte within the lymittf of their Charge in every parte thereof: And that the same Overseers, or twoe of them, shall once every Moneth at the least, or so often as need shall require, or they shall thinke fitt by their discretions, by force hereof, visite and goe into all or any Howse or Howses Shopps or other Roomes of any Clothiers Drapers Clothworker, or of any other psonn or psons whatsoever where any of the said Cloth shalbe, and theire to make due searche and view the same, made or remayning to be sould, and to take serche and trye as well by Weight Water or any other Waye whatsoever the said Clothes Kersies Dozens Cottons Penystones Keighley Whites and Frises, or any other Clothes by what Name or Names they be called; And yf any Clothes aforesaid, upon Search thereof shall not be found to be sealed with a Seale, contayninge the Lengthe and Weight as aforesaid, then the Clothier and every Owner of the said Clothe shall forfeit every suche Clothe Kersies Dozens Cottons Penystones Kighley Whites and Frises, or any other Cloth by what Name or Names soever they be called, made within the Counties aforesaid, not so sealed, and sold or offered to be sould, and the said Overseers and every of them shall and may seise and carrie awaye the same so forfeited as aforesaid, and psent the same to the Justice of the Peace at the nexte Quarter Sessions, to be by them disposed of as hereafter is in these posente lymitted and appointed: And yf the said Overseers shall fynde any false Seale or Marke to be sett uppon any Clothe aforesaid, or shall uppon Serche as aforesaid finde the same Clothes aforesaid to be stretched or strayned, then the same Overseers shall p'sent the same Defaultes unto the Justice at the next Quarter Sessions, and the Names of the Owners or Possessors of such Clothes Kerscis Dozens Cottons Penystones Kighley Whites [or'] Frises, or any other Clothes by what Name or Names they be called, soe found defective: And yf any manner of psonn or psons, at any tyme after the said twentithe day of September, shall deny withstand or withhoulde any Clothes Kersies Dozens Cottons Penystons Kighley Whites and Fryses, or any other Clothe by what Name or Names soever they be called, from the said Overseers or any of them, or will not suffer them to enter into any of the Howses Shopps Roomes or other Places where any suche Clothes shalbe, that then every such psonne [and] psons soe denying or withstandinge shall for the Firste Offence forfeite and lose Tenne Pound, and for the Second Offence Twentye Poundes, and for the Thirde Offence, beinge theroof lawfullye convicte by verdict of Twelve Men and twoe sufficient Witnesses, shall stand uppon the Pillorye in the next Markett Towne; and yf any of the said psons so comaunded to appeare to be made Overseers as aforesaid, and havinge noe reasonable Excuse, refuse to come and take uppon hym or them to be Overseers as aforesaid, that then every suche psonn soe refusinge, and havynge noe reasonable Excuse soe to doe, shall forfeit for every suche refusinge Fyve Pound, the One Halfe thereof to be to your moste Excellent Majestye and your Successors, and the other Halfe to the Justices of (1) Peace or other Head Officier or Officers by whose comaundement he was appointed to appeare to be Overseer, and the same Overseers soe offendinge to remayne in the Warde of the Sheriff Balyffe or other Head Officer, untill suche tyme as he hath made Payement of the Forfayture, or otherwise putt in sufficient Bond for the Satisfaction of the same
Preation सा Length of Weight
Deficiencia in
IV. Appointment and Powers of Overseer such Cloths,
and Searchers of
and O
the O
AND to the end that the said Clothes Kersies Dozens Cottons Penystons Kighley Whites and Fryses, or any other Clothes by what Name or Names soever they they be called, soe to be viewed and serched may be the better knowen; It ys therefore enacted that the said Overseers shall fixe unto every kinde of the Clothes aforesaid, a Seale of Lead, conteyninge the Lengthe and the Weight of every suche Clothes, togeather with this Word, searched; which Cloth aoe sealed by the said Overseers, shall not be serched tried or viewed by any other Searcher or Overseer of any other Cittye Boroughe Towne Village Parishe or Hamlett by vertue of his or their said Office or Offices; any Thinge in this Acte or in any other Statute to the contrarye notwithstandinge
AND further the said Clothiers and other Inhabitante doe humblye praye that yt maye be likewise enacted, That yf any psonn or psons, but suche as are appointed assigned and pmitted by this Acte or their Svante or Deputies, doe at any tyme after the said twentithe daye of September counterfett or sett to, or willinglye and wittinglye take awaye from, any the said Clothes Kersies Dozens Cottons Penystones Kighley Whites and Fryzes, or any other Cloth by what Name or Names soever they be called, made within the Countyes aforesaid, any of the Seales so to be fixed as above ys recyted, that then every psonn soe offendinge shall for the first Offence forfeite and lose Tenne Pound, and for the second Offence, beinge thereof lawfullye convicted by the Verdicte of Twelve Men and Twoe sufficient Witnesses, stand uppon the Pillorye, and lose and forfaite to your moste excellent Majestye, your Heires and Successors, Twentye Poundf,
AND to the end that the said Statute and Lawes aforesaid maye be the more effectuallye executed, and all stretchinge and falsefienge of any the Clothes aforesaid taken awaye, it maie be alsoe enacted that every Justice of the Peace Head Constable or other the Overseers aforesaid, shall have full Power and lawfull aucthoritye to enter in or uppon any the Messuage Tenements Howses Buildinge Lande or Groundf of any psonn or psons whatsoever, to serche for any suche Tenters, of what sorte or kynde soever, or any manner of Ropes Ring Head Wrinches or other Engins whatsoever, whereby any Falshood or Deceite maye be used in or aboute the stretching [or ') strayning of any the sayd Clothes Karsies Dozens Freezes Cottons Penystons & Kighley Whites, or any other Clothe by what name or names soever they be called, or any of them; And that yf they should fynde anie suche Tenters of what sorte or kynde soever, or anie manner of Ropes Ring Head Wring or Engins, they shall and maye utterlye deface the same, in suche sorte as they cannot be ymployed agayne to any suche use; and yf any psonn or psons with whome any suche shall once have byn found, shall after that be knowen to have or use any suche Tenter of what sorte or kynde soever, or any manner of Rope Ring Head Wring or Engine, that then they the said Justices Head Constables or Overseers, or any of them within their sevall pcinctes, shall take and sell the same to the best valewe thereof, and by the Consent of Twoe Justice of Prace within the same Countye dispose the Money thereof comynge to the Poore of the Parrishe where the same shalbe soe taken; and that uppon Complaynte made or Informacon geven of any suche Tenter, of what sorte or kynde soever, or any manner of Roape Head Ringe Wrenche or Wringe, or any other Engine, to any Justice of Peace, every one of them to whome suche Complaynt shalbe made or Informacón geven, shall within seaven dayes nexte ensuinge suche Complainte or Information geven, repaire to the Place where the same shalbe so had and used, and then and their execute this Lawe as aforesaid, uppon the payne hereafter in this psent Acte expressed; And that yf any psonn or psons shall withstand or resiste any suche Justice of Peace or Head Officers in or aboute touchinge or concerninge the execution of the premysses, every suche psonn or psons, shall forfeite and suffer as ys before lymitted, for resistinge the Overseers in the Searche; And yf any the Justices or Justice of Peace within the Lymitte of Boundes of his or theire Comission shalbe negligente or make defaulte in doeinge of any Thinge touchinge or concernynge the due or true execution of this Statute or any Thinge therein conteyned, every suche Justice of Peace for every suche defaulte shall forfeyt and lose fyve Poundes
AND that all such Forfeitures as shall happen or growe by reason of this Acte, shalbe one third pte thereof to suche psonn or psons as shall be then Overseers, one other thirde pte to the use of our Sovaigne Ladye the Queenes Majestye, and one other third parte to the use of the Poore, to be ymployed to the use of the Poere in suche sorte as the Justices of Peace, in their Quarter Sessions to be houlden nexte after Judgement had or given for the same, shall lymitt and appoynt
AND that the said Justices of Peace in their Quarter Sessions shall and maye inquire heare and determyne everye Faulte or Offence made or done contrarye to this psente Acte, or any Thinge therein conteyned, except the Offences commytted and Forfeytures made by the Justices of Peace by psentment Bill or Informačón, and uppon Proofe thereof made by the Testimonye of twoe sufficient Wytnesses openley geven to the Jurye, and thereuppon Presentement made by the Jurye, to give order for the execution of this Statute, and every Clause therein conteyned, and for the Recoverye of the Penalties aforesaid to the uses aforesaid
And that the Justices of Assise shall and maye inquire heare and determyne evy Faulte or Offence made or done by any Justice of Peace contrarye to this psent Acte, in neglecte of theire duetye in or aboute towchinge or concerninge the Execution of this presente Acte, and uppon Proofe thereof made by twoe sufficiente Witnesses, and by the Presentmente of the Jurye, shall and maye give order for Recoverye and Ymployment of the Penalties and Forfeitures by them comitted and made to the uses aforesaid, and for defaulte of Justice to bee done in manner and forme aforesaid by the Justices of Peace or Justice of Assise, then the one Moyetye of all suche Forfaytures to be the one halfe thereof to her Majestye, and the other to hym that will sue for the same by Action of Debt Bill Playnt Informacion acc, in any of ber Majesties Courte or Court of Record at Westmynster, in whiche no Wager of Lawe Protection or Eascine shalbe admitted or allowed
Northers Clothe
brought to London
shall be searched Hall
(') PROVIDED neverthelesse and be yt further enacted by the aucthoritye aforesaide, That all and every kynde or Clothes aforesaide, by what name soever they be called, which shalbe made after the daye aforesaid within the Counties aforesaide, and brought upp to the Cittye of London to be soulde there, shall be brought into the common Clothe Markett Place within the said Cittye comonlye called Blackwell Hall, to be there searched drye without at Blackwell wettynge, and out of Markett tymes, by the Searchers of the said Cittye; uppon payne that every Owner of any suche Clothe shall forfaite for everye suche Clothe not soe broughte into the Markett Fortye Shilling, and uppon payne that every Searcher that shall searche at any tyme in the Markett tymes, to the disturbance of the Sale of suche Clothes in the Markett there, shall forfeit for every suche Searche soe made Fyve Pound; all which said Forfeitures shall be, the one Moitye to the use of our Soveraigne Ladye the Queenes Majestye, her Heires and Successors, the other to suche psonn or psons as shall sue for the same by Action of Debt or Informacon, in which Suite noe Wager of Lawe Protection or Essoine shalbe admytted or allowed
