Elizabethan Vagabonds Acts

Introduction

These two acts (the first from 1572, the other 1597) are commonly labeled as the Vagabond Acts, as they describe the legal category of a vagabond and detail how the state should punish these individuals. They also prescribe steps the state must take to provide for improvised people who do not fall under the category of vagabonds. According to the law these are two sides of the same coin, "poore aged and ympotent personnes should as necessarylye be provided for, as the said Roges Vacabondes and Sturdye Beggers repressed."

The law is often cited by early modern theater historians since it labels as vagabonds, "Comon Players in Enterludes and Minstrels, not belonging to any Baron of this Realme or towardes any other honorable Personage of greater Degree." This law then formalized and necessitated the patronage system within the theatrical world, requiring all theater companies to secure a patron if they wanted to avoid being arrested. Alongside actors, the law criminalizes all sorts of other professions that tend to make money while traveling, such as "Juglers Pedlars Tynkers and Petye Chapmen (repairperson)." The seems to define all labor that isn't localized and stationary as illegal.

"An Acte for the Punishment of Vagabondes, and for the Relief of the Poore and Impotent” (1572)

II. [Persons above the age of 14 taken begging, shall be com- mitted to Gaol until the next Session.] V. And for the full expressing what persone and persones shalbe intended within this Braunche to be Roges Vacaboundes and Sturdye Beggers, to have and receave the punyshement aforesaid for the said lewde maner of Lyef ; It ys nowe publyshed declared and set foorth by the Aucthorytie of this present Parlyament, That all and every suche persone and persones that be or utter themselves to be Proctours or Procuratours, goinge in or about any Countrey or Countreys within this Realme, without sufficyent Aucthoritye deryved from or under our Soveraigne Ladye the Queene, and all other ydle persones goinge aboute in any Countrey of the said Realme, using subtyll craftye and unlawfull Games or Playes, and some of them fayninge them- selves to have knowledge in Phisnomye Palmestrye or other abused Scyences, whereby they beare the people in Hand they can tell their Destinyes Deathes and Fortunes, and suche other lyke fantasticall Imaginacions ; And all and everye persone and persones beynge whole and mightye in Body and able to labour, havinge not Land or Maister, nor using any lawfull Marchaundize Crafte or Mysterye whereby hee or shee might get his or her Lyvinge, and can gyve no reckninge howe hee or shee dothe law- fully get his or her Lyvinge ; and all Fencers Bearewardes Comon Players in Enterludes and Minstrels, not belonging to any Baron of this Realme or towardes any other honorable Personage of greater Degree ; all Juglers Pedlars Tynkers and Petye Chapmen ; whiche said Fencers Bearewardes Comon Players in Enterludes Mynstrels Juglers Pedlers Tynkers and Petye Chapmen shall wander abroade and have not Lycense of two Justices of the Peace at the leaste, whereof one to be of the Quorum, wher and in what Shier they shall happen to wander;

And all Comon Labourers being persons able in Bodye using loytering, and refusinge to worke for suche reasonable Wages as ys taxed and comonly gyven in suche partes where such persones do or shall happen to dwell ; and all counterfeytures of Lycenses Passeportes and all users of the same, knowing the same to be counterfeyte ; And all Scollers of the Universityes of Oxford or Cambridge that goe about begginge, not beinge aucthorysed under the Seale of the said Universities, by the Comyssarye Chauncelour or Vicechauncelour of the same ; And all Shipmen pretendinge Losses by Sea, other than suche as shalbe hereafter provided for ;

And all persones delivered out of Gaoles that begge for their Fees or do travayle to their Countreys or Freendes, not having Lycense from two Justices of the Peace of the same Countye where he or shee was delyvered; shalbee taken adjudged and deemed Roges Vacaboundes and sturdy Beggers, intended of by this present Act, togeather with all and everye suche other persone and personnes as shalbe hereafter for altering and breaking of such good Orders as in the second parte of this presente Acte shalbe establyshed for the Releef of the aged and ympotent poore people, set forth and declared to bee Vacaboundes.

XVI. And Forasmuche as Charitye would that poore aged and ympotent personnes should as necessarylye be provided for, as the said Roges Vacabondes and Sturdye Beggers repressed, and that the said aged ympotent and poore People should have convenient Habitacions and Abydinge Places throughout this Realme to settle themselves uppon, to the end that they nor any of them should hereafter begge or wander about ; It is therefore enacted by the aucthoritye of this present Parlyament, That the Justices of Peace of all and singuler the Shyers of England and Wales within the Lymytes of their Commyssions, and all other Justices of the Peace, Maiors Sheryffes Baylyffes and other Officers of all and every Cytye Borough Rydinge and Fraunchesies within this Realme, whereof they be Justices at Peace, within the Lymittes of their Aucthoritie, shall at or before the said Feaste of Saint Bartholomewe next comynge divide themselves, and so beinge devided shall within every of their severall Divisions and Aucthorities make diligent Searche and Enquierye of all aged poore ympotent and decayed persons borne within their said Divisions and Lymittes, or whiche were there dwelling within Three yeres next before this present Parliament, whiche lyve or of necessitye be compelled to lyve by Almes of the Charytye of the People, that be or shalbe abydynge within the Lymyttes of their Commyssions and Aucthorytyes, and shall uppon that Search made make a Register Booke conteyninge the Names and Surnames of all suche aged decayed and ympotent poore People as be within their said Lymittes and Aucthorities, which shall alwayes remayne with the said Justices Maiors Bayliffes or other Head Officers or any one of them ; And when the number of the said poore People forced to lyve uppon Almes be by that meanes truely knowen, then the said Justices Maiors Sheryffes Baylyffes and other Offycers shall within lyke con- venient tyme devise and appointe, within evrye their said severall Divisions, meete and convenient places by their dyscretions to settle the same poore People for their Habitacions and Abyd- ynges, yf the parishe within the whiche they shalbee founde shall not or wyll not provide for them ; and shall also within lyke convenient tyme number all the said poore People within there said severall Lymyttes, and thereuppon (having regarde to the number) set downe what porcion the weekely Charge towardes the Reliefe and Sustentacion of the said poore People wyll amounte unto within everye their said severall Division and Lymyttes ; and that donne, they the said Justices Maiors Sheriffes Baylyffes and other Officers, within every their severall Com- myssions Aucthorities Divisions and Lymyttes, shal by their their good discretions taxe and assesse all and every the Inhabitauntes, dwellinge in all and every Cytye Boroughe Towne Village Hamlet and Place knowen within the said Lymyttes and Divisions, to suche weekely Charge as they and everye of them shall weekely contribute towardes the Releef of the said poore People, and the names of all suche Inhabitauntes taxed shall also entre into the said Register Booke togeather with their Taxacion, and also shall by their discretion within every their said Divisions and Lymyttes appoint or see Col-lectoures for one whole yere to bee aypointed of the said weekely porcion, which shall collect and geather the said proporcion, and make delyverye of so muche thereof, accordinge to the discretion of the said Justices Maiors Sheryffes Baylyffes and other Officers, to the said poore People, as the said Justices Maiors Sheryffes

An Acte for Punyshment of Rogues, Vagabondes and Sturdy Beggars (1597)

I. For the suppressing of Rogues Vagabondes and Sturdy Beggars, Be it enacted by the auctority of this present Parliament, That from and after the Feaste of Easter next comminge, all Statutes heretofore made for the punyshment of Rogues Vagabondes or Sturdy Beggers, or for the ereccion or maytenaunce of Howses of Correccion, or towching the same, shall for so much as concerneth the same be utterly repealed : And that from and after the said Feaste of Easter, from tyme to tyme it shall and may be lawfull to and for the Justices of Peace of any County or Citty in this Realme or the Domynyons of Wales, assembled at any Quarter Sessions of the Peace within the same County Citty Borough or Towne Corporate, or the more part of them, to set downe order, to erecte and to cause to be erected one or more Howses of Correccion within their severall countyes or Cittyes; for the doing and performing whereof, and for the provyding of Stockes of Money and all other Thinges necessary for the same, and for raysing and governing of the same, and for Correccion and Punyshment of Offendors thither to be committed, such orders as the same Justices or the more part of them shall from tyme to tyme take reforme or set downe in any their said Quarter Sessions in that behalfe shalbe of force and be duely performed and put in Execucion.

II. And be it also further enacted by the auctority aforesaid, That all persons calling themsleves Schollers going about begging, all Seafaring-men pretending losses of their Shippes or Goodes on the Sea going about the Country begging, all idle persons going about in any Cuntry eyther begging or using any subtile Crafte or unlawfull Games and Playes, or fayning themselves to have knowledge in Phisiognomye Palmestry or other like crafty Scyence, or pretending that they can tell Destenyes, Fortunes or such other like fantasticall Ymagynacions ; all persons that be or utter themselves to be Proctors, Procurors Patent Gatherers or Collectors for Gaoles Prisons or Hospitalles ; All Fencers Bearewardes common Players of Enterludes and Minstrelles wandring abroade (other then Players of Enterlude belonging to any Baron of this Realme, or any other honorable personage of greater Degree, to be auctoryzed to play under the Hand and Seale of Armes of such Baron or Personage) ; all Juglers Tynkers Peddlers and Petty Chapmen wandring abroade ; all wandering persons and common Labourers being persons able in bodye using loytering and refusing to worcke for such reasonable Wages as is taxed or commonly gyven in such Partes where such persons do or shall happen to dwell or abide, not having lyving otherwyse to maynteyne themselves ; all persons delivered out of Gaoles that begg for their Fees, or otherwise do travayle begging ; all such persons as shall wander abroade begging pretending losses by Fyre or otherwyse ; and all such persons not being Fellons wandering and pretending themselves to be Egipcyans, or wandering in the Habbite Forme or Attyre of counterfayte Egipcians ; shalbe taken adjudged and deemed Rogues Vagabondes and Sturdy Beggers, and shall susteyne such Payne and Punyshment as by this Acte is in that behalfe appointed.

III. And be it enacted by thauctority aforesaid, That every person which is by this presente Acte declared to be a Rogue Vagabonde or Sturdy Begger, which shalbe at any tyme after the said Feast of Easter next commynge taken begging vagrant wandering or mysordering themselves in any parte of this Realme or the Domynion of Wales, shall uppon their apprehension by the apoyntment of any Justice of the Peace Constable Hedborough or Tythingman of the same County Hundred Parish or Tything where such person shalbe taken, the Tythingman or Headborow being assisted therein with thadvise of the Minister and one other of that Parrish, be stripped naked from the middle upwardes and shall be openly whipped untill his or her body be bloudye, and shalbe forthwith sent from Parish to Parish by the Officers of every the same the nexte streighte way to the Parish where he was borne, if the same may be knowen by the Partyes Confession or otherwyse ; and yf the same be not knowen, then to the Parish where he or she last dwelte before the same Punysh- ment by the space of one whole yeare, there to put him or her selfe to labour as a true Subject ought to do; or not being knowen where he or she was borne or last dwelte, then to the Parish through which he or she last passed without Punyshment ; After which whipping the same person shall have a Testymonyall subscribed with the Hande and sealed with the Seale of the same Justice of the Peace Constable Headborough or Tythingman and of the Minister of the same Parish, or any two of them, testyfyeng that the same person hath been punyshed according to this Acte, and mencioning the day and place of his or her Punyshment, and the place wherunto such person is lymitted to go, and by what tyme the said person is lymitted to passe thither at his perill. And if the said person through his or her defaulte do not accomplysh the order appointed by the said Testymonyall, then to be eftsoones taken and whipped, and so as often as any defaulte shalbe founde in him or her contrary to the forme of this Statute, in every place to be whipped till such person be repaired to the place lymitted ; the Substance of which Testymonyall shalbe registered by the Minister of the Parish in a Booke to be provided for that purpose, uppon payne to forfeite Five shillinges for every defaulte thereof : and the party so whipped and not knowen where hee or she was borne or last dwelte by the space of a yeare, shall by the Officers of the said Village where he or she so last past through without Punyshment be conveyed to the Howse of Correccion of the Lymitt wherein the said Village standeth, or to the common Gaole of that County or Place, there to remayne and be ymployed in worcke untill he or she shalbe placed in some service, and so to continue by the space of one whole yeare, or not being able of body untill he or she shalbe placed, to remayne in some Almeshowse in the same county or Place.

IV. Provided alwayes and be it enacted, Yf any of the said Rogues shall appeare to be dangerous to the inferior sorte of People where they shalbe taken, or otherwyse be such as will not be reformed of their rogish kinde of lyfe by the former Provisions of this Acte, That in every such case it shall and may be laufull to the said Justices of the Lymittes where any such Rogue shalbe taken, or any two of them, whereof one to be of the Quorum, tc commit that Rogue to the Howse of Correccion, or otherwyse to the Gaole of that County, there to remaine untill their next Quarter Sessions to be holden in that County, and then such of the same Rogues so committed as by the Justices of the Peace then and there presente or the most parte of them shalbe thought fitt not to be delivered shall and may lawfully by the same Justices or the most part of them be banyshed out of this Realme and all other the Domynions thereof, and at the Charges of that Country shall be conveied unto such partes beyond the Seas as shalbe at any tyme hereafter for that purpose assigned by the Privie Counsell unto her Majesty her Heires or Successors, or by any Six or more of them, whereof the Lord Chauncellor or Lord Keeper of the Greate Seale or the Lord Treasourer for the tyme being to be one, or otherwyse be judged perpetually to the Gallyes of this Realme, as by the same Justices or the most part of them it shalbe thought fitt and expedyent ; And if any such Rogue so banyshed as aforesaid shall returne agayne into any part of this Realme or Domynion of Wales without lawfull Lycence or Warrant so to do, that in every such case such Offence shalbe Fellony, and the Party offending therein suffer Death as in case of Felony; The said Felony to be heard and determyned in that County of this Realme or Wales in which the Offendor shalbe apprehended.

V. And be it also enacted by the auctorytie aforesaide, That yf in any Towne, Parish or Village the Cunstable Headborough or Tythingman be negligente and do not his or their best Endevors for the Apprehension of such Vagabonde Rogue or Sturdy Begger which there shalbe founde contrary to the forme of this present Acte and to cause every of them to be punyshed and conveyed according to the true meanyng of this presente Acte, that then the said Cunstable Headboroughe or Tythingman in whome such defaulte shalbe, shall loose and forfayte for every such deflate Tenne shillinges; And also yf any person or persons do in any wyse disturbe or let the execucion of this Lawe or any part thereof concerning the punishment or conveyeng of any Rogues Vagabondes Sturdy Beggers or the releife or setling of poore ympotente persons in any manner of wyse, or make Rescusse against any Officer or Person auctorized by this presente Acte for the due execucion of any of the premisses, the same person so offending shall forfeyte and loose for every such Offence the somme ofFive poundes, and shalbe bounde to the good behaviour.

VI. And be it also further enacted by the auctority aforesaid, That no person or persons, having charge in any Viage in passing from the Realmes of Ireland or Scotlande or from the Isle of Man into this Realme of England, do wittingly or willingly bringe or conveye or suffer to be brought or conveyed in any Vessell or Boate from and out of the said Realme of Irelande, Scotlande or Isle of Mann into the Realme of Englande or Wales or any part thereof, any Vagabonde Rogue or Begger, or any such as shalbe forced or very like to lyve by begging within the Realme of Englande or Wales, being borne in the same Realmes or Island, on payne of every suche person or persons so offending to forfeyte and loose for every such Vagabonde Rogue Begger or other person like to lyve by begging, Twenty Shil- linges, to the use of the Poore of the said Parish in which they were set on Lande ; And if any such Mannyske Scottysh or Irish Rogue Vagabonde or Begger be already or shall at any tyme hereafter be set on Lande, or shall come into any part of Englande or Wales, the same, after he or she shalbe punished as aforesaid, shalbe conveyed to the next Port or Parish in or neare which they were landed or first came, in such Sorte as Rogues are appointed to be by this presente Acte, and from thence to be transported at the common Charge of the Cuntry where they were set on Land into those parte from whence they came or were brought ; And that every Cunstable Headborough and Tythingman neglecting the due performance thereof shall forfayte for every such Offence, Ten Shillinges.

VII. Be it further enacted by the Auctority aforesaid ; That no diseased or ympotente pore person shal at any tyme resorte or repayre from their dwellinge Places to the Citty of Bathe or Towne of Buxton, or eyther of them, to the Bathes there for the ease of their Greifes, unles such person do forbeare to begg, and be lycensed to passe thither by two Justices of the Peace of the County where such person doth or shall then dwell or remayne, and provided for to travayle with such Reliefe for and towards his or her mayntenaunce as shalbe necessary for the same person for the tyme of such his or her Travayle and Aboade at the Citty of Bathe, and Towne of Buxton, or eyther of them, and returne thence, and shall returne Home agayne as shalbe lymitted by the said Lycence ; uppon payne to be reputed, punyshed and used as Rogues, Vagabondes and Sturdy Beggers declared by the presente Acte; And that thinhabitantes of the same Citty of Bath and Towne of Buxton shall not in any wyse be charged by this Acte with the fynding or releiving of any such pore People. VIII. Provided alwayes, That the Justices of Peace within any County of this Realme or Wales shall not intromit or enter into any Cittye Boroughe or Townes Corporate, where be any Justice or Justices of Peace for any such Citty Borough or Towne Corporate, for the Execucion of any Branch Article or Sentence of this Acte, for or concerning any Offence Matter or Cause growing or arising within the precynctes Liberties or Jurisdic- cions of such City Borough or Townes Corporate ; but that it may and shalbe lawfull to the Justice and Justices of the Peace Maiors Baylyffes and other Head Officers of those Cittyes Boroughes and Townes Corporate where there be such Justices of the Peace to proceede to the Execucion of this Acte within the precyncte and Compasse of their Liberties, in such manner and forme as the Justices of Peace in any County may or ought to do within the same County by vertue of this Acte ; Any thing in this Act to the contrary thereof notwithstanding.

IX. Provided alwayes, That this Acte or any thing therein conteyned shall not extende to the pore People for the tyme being in the Hospitall called Saint Thomas Hospitall, otherwise called the Kinges Hospitall in the Borough of Southworcke, neare adjoyning to the Citty of London; but that the Maior Comynalty and Cittizens of the saide Cittye of London for the tyme being shall and may have the Rule Order and Governemente of the saide Hospitall and of the pore People therin for the time being; Any thing in this Acte to the contrary notwithstanding. X. Provided alwayes that this Acte or any thing herein con- teyned, or any auctority thereby given, shall not in any wyse extende to disinherite prejudice or hinder John Dutton of Dutton in the County of Chester Esquire, his Heires or Assignes, for towching or concerning any Libertie premynence Auctority Jurisdiccion or Inheritance, which the said John Dutton now lawfully useth or hath or lawfully may or ought to use within the county Palantyne of Chester, and the County of the Citty of Chester or eyther of them, by reason of any auncyent Charters of any Kinges of this Land, or by reason of any prescripcion Usage or Title whatsoever.

XI. Andbe it further enacted by the Auctority aforesaid, That all Fynes and Forfeytures appointed or to growe by this presente Acte (Excepte such as are otherwyse lymitted and appointed by this present Act), shall wholy go and be ymployed to thuse of the Reparacions and Mayntenaunce of the said Howses of Correccion and Stocke and Store thereof, or Releife of the Pore where the offence shalbe committed, at the discresion of the Justices of the Peace of the same Lymit Citty Borough or Towne Corporate ;

And that all Fynes and Forfeitures appointed or to growe by Conviccion of any person according to this present Acte shall by Warrante under the Handes and Seales of any two or more of the Justices of the Peace of the same County Citty Borough or Towne Corporate, be levied by Distresse and Sale of the Goodes and Chattels of thoffendor ; which sale shalbe good in the Lawe against such Offendor ; And that yf any of the said Offences shalbe confessed by the Offendor, or that the same shalbe proved by two suffycyent and lawfull Witnesses before such two or more Justices of the Peace, That then every such person shall forthwith stande and be in the Lawe convicted thereof.

XII. And be it also further enacted by the auctority aforesaid, That any two or more Justices of the Peace within all the said severall Shires Cittyes Boroughes or Townes Corporate, whereof one to be of the Quorum, shall have full power by auctority of this present Acte to heare and determyne all Causes that shall growe or come in question by reason of this Act,

XIII. And be it also further enacted by the auctority afore- said, That the Lord Chauncellor or Keeper of the Greate Seale of Englande for the tyme being shall and may at all tymes here- after by vertue of this present Acte, without further Warrante, make and directe Commission or Commissions under the Greate Seale of England to any person or persons, giving them or some of them thereby auctority, aswell by the Oathes of good and laufull men as of Witnesses or Examynacion of Partyes, or by any other lawfull wayes or meanes whatsoever, to enquire what sommes of Money or other Thinges have bene or shalbe collected or gathered for and towardes the ereccion of any Howses of Correccion, or any Stockes or other Thinges to set Pore on worcke, or for the mayntenaunce thereof at any tyme after the seavententh day of November in the Eightenth yeare of the Raigne of the Queenes most excellent Majesty, and by whome the same were or shalbe collected or gathered, and to whose Handes commen and to what use and by whose Direccion the same was or shalbe ymployed; and to call all and every such person and persons and their suretyes, and every of their Executors or Admynistrators, to an accompte ; and to compell them and every of them by Attachement of their Goodes or Bodyes to appeare before them for the same, and to heare and determyne the same, and to leavye such Money and Thinges as they shall finde not to have bene duely ymployed uppon the said Howses of Correccion or Stockes, or uppon other like uses, having in such other like uses respecte of Thinges past by the said Commissioners to be allowed of, eyther by Distres and Sale of the Goodes and Chattels of such persons as they shall thincke fitt to be chargeable or aunswereable for the same, or by ymprisonment of their Bodies at their discresion ; and that the said Comyssioners shall have full power and auctority to execute the same Commyssion according to the teanor and purporte thereof ; and that all their Proceedinges Doynges Judgementes and Execucions by force and auctority thereof shalbe and remayne good and avayleable in the Lawe ; which said Money so levyed by the said Commyssioners shalbe delivered and ymployed for the erecting or mayntenaunce of the same. XIV. Provided alwayes nevertheless, That every Seafaring manuffering Shipwracke, not having wherewith to relieve himselfe in his Travels homewardes, but having a Testimoniall under the Hand of some one Justice of the Peace of or neare the place where he landed, setting downe therein the place and tyme where and when he landed, and the place of the partyes dwelling or birth unto which he is to passe, and a convenyent time therein to be lymitted for his Passage, shall and may without incurring the daunger and penalty of this Acte, in the usual wayes directly to the place unto which he is directed to passe, and within the tyme in such his Testymoniall lymitted for his Passage, aske and receive such Reliefe as shalbe necessary in and for his passage.

XV. Provided also, That this Statute nor any thinge therein conteyned shall extend to any Children under the age of seaven yeares ; nor to any such Glassemen as shalbe of good Behaviour, and do travaile in or through any Cuntry without begging, having lycense for their travayling under the Handes and Seales of three Justices of the Peace of the same Conty where they travell, whereof one to be of the Quorum.

XVI. And be it also further enacted by the auctority aforesaid, That the presente ACte shallbe proclaimed in the next Quarter Session or Sessions in every Countye, and in such other Marcket Townes or Places as by the more part of the Justices of the Peace in the said Sessions shalbe agreed and appointed. This Acte to endure to the ende of the first Session of the next Parliament.