Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of the Incorporation of the Company of Silk Throwers, 5 Car. I.
and that the said Trade is of great Use;; and that the Governors of the said Company pray an Enlargement of their Charter, for the avoiding certain Mischiefs herein recited.; No Person to exercise the Trade of a Silk Thrower but such as have served an Apprenticeship.; Penalty 40s. per Month.
WHEREAS the Company of Silke throwers within the City of London and Liberties and all theire Servants and Apprentices within foure Miles thereof were quinto Caroli primi incorporated and made one body politique and are knowne by the name of the Master Wardens Assistants and Commonaltie of the Trade Art or Mystery of Silke throwers of the City of London And whereas the said Trade is of singuler use and very advantageous to this Common wealth by imploying the Poore there being imployed by the said Company in and about the City of London (as is expressed in theire Petition) above Fourty thousand Men Women and Children who otherwise would unavoidably be burthensome to the places of theire aboade And whereas the present Governours of the said Company by theire Petition pray an Enlargement of theire Charter whereby they may be the better enabled to avoid the many Deceipts and Inconveniences they dayly meet withall by Intruders who have not beene brought upp Apprentices to the said Trade and others who settle themselves beyond the limitts of [the (fn. 1) ] said Charter on purpose to avoide the Searches and Supervision of the said Governours by which meanes they are att Liberty to make and vend what Wares they please to the disparagement of the said Trade and discouraging of the Petitioners and all others of the said Trade that have duely served Apprentice thereunto according to the known Lawes of this Nation. For remedy whereof Bee. it enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spiritual and Temporall and the Commons in this present Parliament assembled and by authority of the same That from and after the twenty fifth day of December which shall be in the yeare of our Lord One thousand six hundred sixty and two no Person or Persons whatsoever shall directly or indirectly use exercise continue or sett up the said Trade Art or Mystery of a Silk-thrower within this Realme of England unlesse such as are or shall be Apprentices to the said Trade or shall have served seven yeares Apprentiship thereunto att the least upon pain that every person so offending contrary to this Act shall pay forfeit and lose the su[m]m of Forty shillings for every moneth the said person shall use or exercise the said Trade the one moyety thereof to the use of his said Majestie his Heires and Successors and the other moyety thereof to such person or persons as shall sue for the same in any of the Courts of Record within this Realm of England or before any the Justices of Oyer and Terminer or the Justices of Peace att theire Quarter Sessions of the Peace by Action of debt Bill Plaint or Information or by any other lawfull wayes or meanes whatsoever wherein no Protection Wager of Law or Essoigne shall be allowed
II. Every Person exercising the said Trade, or having served an Apprenticeship thereto, to be admitted, and to enter into the said Company.
And for the better enabling of the said Master Wardens Assistants and Comonaltie of Silk-throwers and theire Successors in theire government Be it further enacted by the Authority aforesaid That all and every person and persons whatsoever now using or exerciseing as Masters the said Art Trade or Mystery or such as have served as Apprentices to the said Trade by the space of seaven yeares att the least within the said Cities of London and Westminster and the several suburbs thereof or within twenty miles compasse of them or either of them shall before the twenty fifth day of December which shall be in the Yeare of our Lord One thousand six hundred sixty and two be admitted and are hereby enjoyed to enter themselves into the said Societie or Corporation and to performe and be subject and obedient to all such Statutes Lawes Orders Ordinances and Constitutions as are or shall be made or ordained for or concerning the Exercise Regulation or Government of the said Art Trade or Mystery or of any person or persons using or exerciseing the same upon pain of forfeiture of the su[m]m of forty shillings for every month he or they shall use or exercise the said Trade after the said twenty fifth day of December One thousand six hundred sixty and twoe the one moietie thereof to the use of his said Majesty His Heires and Successors and the other moyety thereof to such person and persons as shall sue for the same in any the Courts of Record within this Realme of England or before any the Justices of Oyer and Terminer or the Justices of Peace att theire Quarter Sessions of the Peace by Action of Debt Bill Plaint or Information or by any other lawfull waies or meanes whatsoever wherein no protection wager of Law or Essoigne shall be allowed
III. Constitutions of Company not to be contrary to Law or the Custom of London.
Provided that such Lawes Orders Ordinances & Constitutions so made or which shall be made be not contrary ( (fn. 2) ) but agreeable with the Lawes and Statutes of this said Realm and the Customes of the said City of London
IV. Master, Wardens, &c. to execute within London and Westminster all Grants, Powers, &c. given by this Act and the said Incorporation.
And be it further enacted by the Authority aforesaid That the said Masters Wardens Assistants and Commonalty and theire successors shall and may have and enjoye and that it [shall & (fn. 3) ] may be lawfull to and for them from time time and att all times hereafter to do performe and execute within the said Cities of London and Westminster and the severall Suburbs thereof or within twenty miles compasse of them or either of them all such grants powers priviledges and authorities as by this present Act or in or by the said Letters Patents of Incorporation are given or granted or mentioned to be given or granted for or concerning the regulation exercise or government of the said Trade Art or Mystery or any matter or thing relating thereunto or of such person or persons as doe or shall exercise the same Any thing in the said Letters Patents or any Act Statute or other matter or thing to the contrary thereof in any wise notwithstanding
V. Recital that Silk Throwers are often obliged to deliver Silk of great Value to Winders, &c.
Winders, &c. purloining, &c. Silk delivered to them to wind, &c. or Persons receiving such Silk,; to be committed; and to make Satisfaction to Party grieved.
And whereas there is a necessity lying upon the Silke throwers to deliver to theire Winders or Doublers considerable quantities of silke which being of a good value is by evil disposed persons many times unjustly deceitfully and falsly purloined imbezeled pawned sold and detained to the great damage and sometimes the utter undoing of the Thrower whoe employes the said persons Bee it further enacted by the Authority aforesaid That every such silke winder and doubler who shall att any time hereafter unjustly or deceitfully and falsly purloyn imbezell pawn sell or detaine any part of silk delivered or to be delivered by any Silk thrower or other person to them or any of them to wind or double that in every such case and cases as well the Winder or Journey man so offending as the Buyer and Buyers Receiver and Receivers of such Silke being thereof lawfully convicted by confession of the party or parties so offending or by one Witnes upon Oath before one or more of the Justices of Peace of the County or Liberty where the same offence or offences shall be committed or if it be within any City or Towne Corporate before the Maior Bailiffe or cheiffe Officer of the said City or Town Corporate who by force of this Act are impowered and authorized to minister the same oath and finally to heare and determine all and every the offences aforesaid and to give and make to the party and parties greived such recompence and satisfaction for such theire damage and losse and charges thereabouts as by the said Justice or Justices or cheife Officers shall be ordered and appointed
VI. Proviso as to Amount of Damages.
If Party offending not able to make Recompense within 14 Days; First Offence, Punishment;; Second Offence, further Punishment.
Provided that no more damage be given or awarded then the party greived shall prove hee is damnified and hath expended in looking after the same And if the party or parties so offending shall not be able or sufficient to make recompense or satisfaction for the said Offence nor doe make Recompense or Satisfaction for the same Offence or Offences within fourteen dayes next after such conviction in such manner and for me as by the Justice or Justices or cheife Officers shall be ordered and appointed as aforesaid then the Party or Parties so offending for the first Offence shall be apprehended and whipped or sett in the Stocks in the place where the Offence is committed or in some Markett Towne in the said County neare unto the place where the Offence or Offences aforesaid shall be co[m]mitted as shall be limitted and appointed by the said Justice or Justices of the Peace or cheife Officers and for the second Offence to incur the like or such further punishment by whipping or being put in the Stocks as the said Justice or Justices of the Peace or cheife Officers shall in theire discretion thinke fitt and convenient
VII. Receivers, &c. of such Silk to make Satisfaction, or to be punished.
And be it likewise enacted by the Authority aforesaid that all and every Receiver and Receivers Buyer and Buyers of any Silke or such as take to pawn any Silke imbezeled or purloyned contrary to the meaning of this Act (matter of Fact being proved) shall make satisfaction within the time aforesaid or else shall be subject to like Punishment as by this Act is inflicted [or provided to be inflicted (fn. 4) ] upon such Person so imbezeling or purloyning any such Silke as aforesaid
VIII. Proviso for Freemen of the Company to employ Persons, for certain Purposes although they have not served Apprenticeships.
Provided alwaies that it shall and may be lawfull to and for any Freeman of the said Company of Silk-throwers to sett on work and imploy any Person or Persons being Native Subjects to His Majesty and no others whether they be Men Women or Children to turn the Mill tye Threads double Silke and wind Silke as formerly they have used to doe although such Person or Persons who shall be so sett on worke and imployed in the works and services aforesaid shall not have served or been bred up as Apprentices to the Trade of Silk throwing by the space of seven yeares and that all and every the said Person and Persons who shall be so sett on worke and imployed by any Freeman of the said Company in the workes and services aforesaid [shall & may be imployed by any Freeman of the said Company in the works & services aforesaid (fn. 4) ] or any of them without any lett or molestation Any thing in this Act to the contrary notwithstanding
IX. Corporation not to make Orders to bind Members from employing Persons at such Rates as they shall think fit.
Provided and be it enacted that the said Corporation of Silk throwers shall not by vertue of this Act nor any thing therein contained make any Orders Ordinances or By-Lawes to sett any Rates or Prices whatsoever upon the Throwing of Silk to bind or inforce theire Members to worke att but that theire respective Members shall be left att Liberty to contract with theire respective Imployers and [also (fn. 4) ] with the Persons that they imploy at such Rates as they and theire Imployers and the Persons imployed shall agree upon Any thing in this Act to the contrary in any wise notwithstanding.