Vagabonds, etc. Act 1547
| Year | 1547 |
(1 Edw. 6) C A P. III.
'FOrasmuch as idlenesse and vagabondrie is the mother and roote of all thests, robberies and all evil actes and other mischiefes, and the multitude of people giuen thereto hath alwayes bene heere within this realme very great, and more in number (as it may appeare) then in other regions, to the great impouerishment of the Realme, and danger of the Kings highnesse subjects; the which idlenesse and vagabondry all the Kings highnesse noble progenitours, Kings of this Realme, and this high Court of Parliament hath often and with great trauell gone about and assayed with godly Acts and Statutes to represse; yet vntill this our time it hath not had that successe which hath beene wished, but partly by foolish pitie and mercie of them which should haue seene the said godly Lawes executed, partly by the peruerse nature and long accussomed idlenesse of the persons giuen to loytering, the said godly Statutes hitherto haue had small effect, and idle and vagabond persons, being vnprofitable members, or rather enemies of the common wealth, haue bene suffred to remaine and increase, and yet so doe, whom if they should be punished by death, whipping, imprisonment, and with other corporall paine, it were not without their deserts for the example of others, and to the benefite of the common wealth, yet if they could be brought to be made profitable, and do seruice, it were much to be wished and desired:' Be it therefore enacted by the Kings highnesse, with the consent of the Lords spirituall and temporal, and the Commons in this present Parliament assembled, and by authority of the same; first that all Statutes and Acts of Parliament heretofore made for the punishment of vagabonds and sturdie beggers, and all articles comprised in the same, shall be from hencefoorth repealed, voyd, and of none effect.
II. Secondly, that whosoeuer after the first day ofAprill next following, man or woman being not lame, impotent, or so aged, or diseased with sicknesse, that hee or she cannot worke, nor hauing lands or tenements, fees, annuities, or any other yeerely reuenues, or whereon they may finde sufficiently their liuing, shall either like a sueruing-man wanting a master, or like a begger, or after any such other fort be lurking in any house or houses, or loitering, or idle wandering by the high wayes side, or in streetes, cities, townes or villages, not applying themselues to some honest and allowed art, science, seruice, or labour, and so doe continue by the space of three dayes or more together, and not offer themselues to labor with any that will take them, according to their facultie; and if no man, otherwise wil take them, do not offer themselues to worke for meate and drinke, or after they bee so taken to worke, for the space agreed betwixt them and their master, doe leaue their worke out of conuenient time, or runne away; that then euery such person shall bee taken for a vagabond, and that it shalbe lawfull for euery such master offering such idle person seruice and labour, and that being by him refused, or who hath agreed with such idle person, and from whom within the space agreed of seruice, the said loiterer hath runne away, or departed before the ende of the couenant betweene them, and to any other person espying the same, to bring or cause to be brought the said person so liuing idle and loiteringly, to two of the next Justices of the peace there resiant or abiding, who hearing the proofe of the idle liuing of the said person by the said space liuing idle, as before said, approoued to them by two honest witnesses, or confession of the parties, shall immediately cause the same loiterer to be marked with a hot iron in the breast, the marke of V. and adiudge the same person liuing so idle, to such presentour, to bee his slaue, to haue and to holde the said slaue vnto him, his executours, or assignes for the space of two yeeres then next following, and to order the said slaues as followeth; that is to say, to take such person adiudged a slaue with him, and onely giuing the said slaue bread and water, or small drinke, and such reffuse of meate as he shall thinke meete, cause the said slaue to worke by beating, cheining, or otherwise, in such worke and labour (how vile soeuer it bee) as hee shall put him vnto. And if any manner of slaue, either for loytering, or for the cause before rehearsed so adiudged, shall within the space of the saide two yeeres heere appointed runne away, depart, or absent him from his said master by the space of fourteene dayes together, without licence: it shall not onely bee lawfull to his said master to pursue and fetch him againe by vertue of this Act, but also, to punish such faulte by cheines or beating as is aforesaid: and against the deteinour, if any man doe willingly deteine him, knowing him to be a slaue, as is aforesaid, to haue an Action of Trespasse, and recouer thereby in damages tenne poundes, besides the costes and charges of the suite for so deteining his saide slaue. And further, euery such master shewing and proouing by two sufficient witnesses, the said offence and fault by his running away before two Justices of the Peace of the same Countie, whereof the one to be of the Quorum , the same Justices shall cause such Slave, or loiterer to bee marked on the forehead, or the ball of the cheeke with an hot iron, with the signe of anS. that he may bee knowne for a loiterer and a run away, and shall adiudge the loyterer and run away to be the said masters slaue for euer. And if such slaue shall the second time runne away, or absent himselfe, if the said master shall approoue the same second running away with two sufficient witnesses, before the Justices of Peace, in their generall and quarter Sessions, then euery such faulte and running away to be adiudged felonie and such loyterer and runne away to be taken as a felon, and thereof being lawfully indited and atteinted, or otherwise, condemned, to suffer paines of death, as other felons ought to doe.
III. Prouided also, and be it enacted by authoritie aforesaid, that no Clerke conuicted shall hereafter make his purgation, and vpon such purgation be deliuered, and set at large, otherwise then is in this Statute hereafter expressed.
IV. And be it further enacted by authoritie aforesaid, that euery Clerke conuict, or hereafter to be conuicted, which should by the order of the Law inioy the benefit of their purgation, shall and may from hencefoorth finde any man (if hee can) who shall be bounde with two sufficient sureties to the ordinarie, in the summe of twentie poundes to the Kings highnesse vse, to reteine the said conuict as his slaue, and to keepe the saide person so conuict for the space of one yeere then next following, that he shall not goe abroad, and at larges, and then the said conuict shall be deliuered to the said person so taking the same, and being bound, as is aforesaid, to be his slaue for one whole yeere then...
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