Page:The Elizabethan stage (Volume 4).pdf/338

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[1598, Feb. 9. Extract from An Acte for punyshment of Rogues Vagabondes and Sturdy Beggars (39 Eliz. c. 4, printed in Statutes, iv. 899). The Act was continued, subject as regards John Dutton to legal proof of his claim, by 43 Eliz. c. 9, in 1601 (St. iv. 973).]


[§ 1.] From and after the Feaste of Easter next comminge [16 April 1598], all Statutes heretofore made for the punyshment of Rogues Vagabondes or Sturdy Beggers . . . shall . . . be utterly repealed. . . .

[§ 2.] All Fencers Bearewardes common Players of Enterludes and Minstrelles wandring abroade (other than Players of Enterludes 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) . . . 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.

[§ 3.] Every person which is by this presente Acte declared to be a Rogue Vagabonde or Sturdy Begger, which shalbe . . . taken begging vagrant wandering or mysordering themselves in any part of this Realme . . ., shall uppon their apprehension by thappoyntment of any Justice of the Peace Constable Hedborough or Tythingman of the same County Hundred Parish or Tything where suche 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 Punyshment 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.

[§ 4.] 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, . . . 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, to commit that Rogue to the House 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 more parte of them be banysshed out of this Realme. . . . And if any such Rogue so banyshed as aforesaid shall returne agayne into any part of this