Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 18 (18 & 19) C. II. c.4.
and that the same was inadequate to the Purposes thereof.; The said Act repealed.
Whereas an Act made in the Eighteenth yeare of His Majestyes Raigne that now is entituled An Act for burying in Woollen onely was intended for the lessening the Importation of Linnen from beyond the Seas and the Encouragement of the Wollen and Paper Manufactures of this Kingdome had the same beene observed but in respect there was not a sufficient Remedy thereby given for the discovery and prosecution of offences against the said Law the same hath hitherto not had the effect thereby intended For remedy whereof Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by the Authoritie of the same That the said, Act and all the Clauses and Provisoes therein shall be and are hereby annulled and repealed to all intents constructions and purposes whatsoever
II. Burying in any other than Woollen;
And it is hereby enacted by the Authority aforesaid That from and after the First day of August One thousand six hundred and seaventy eight noe Corps of any person or persons shall be buryed in any Shirt Shift Sheete or Shroud or any thing whatsoever made or mingled with Flax Hempe Silke Haire Gold or Silver or in any Stuffe or thing other then what is made of Sheeps Wooll onely or be putt into any Coffin lined or faced with any sort of Cloath or Stuffe or any other thing whatsoever that is made of any Materiall but Sheeps Wooll onely upon paine of the Forfeiture of Five pounds of lawfull Money of England to be recovered and divided as is hereafter in this Act expressed and directed.
III. Persons in Holy Orders, &c. to keep a Register of Burials.
Affidavit that the deceased was buried in Woollen only to be brought to the Parsons.; If no such Affidavit, Goods of the deceased liable to the said Penalty.; If no Distress Goods of Person where Party died, or of Persons acting contrary to this Act, liable to Distress.; Master, &c. or Relations of deceased liable.; Penalty to be paid before Debts.
And it is enacted by the Authoritie aforesaid That all persons in Holy Orders Deanes Parsons Deacons Vicars Curates and their or any of their Substitutes doe within their respective Parishes Precincts and Places take an exact Account and keepe a Register of all and every person or persons buryed in his or their respective Parishes or Precincts or in such common Buryall places as their respective Parishioners are usually buryed and that some one or more of the Relations of the party deceased or other credible person shall within eight dayes next after such Interrment bring an Affidavit in writeing under the hands and seales of two or more credible Wittnesses (and under the hand of the Magistrate or Officer before whome the same was sworne for which nothing shall be paid) to the Minister or Parson That the said person was not putt in wrapt or wound up or buryed in any Shirt Shift Sheete or Shround made or mingled with Flax Hempe Silke Haire Gold or Silver or other then what is made of Sheeps Wooll onely or in any Coffin lined or faced with any Cloath Stuffe or any other thing whatsoever made or mingled with Flax Hempe Silke Haire Gold or Silver or any other Materiall but Sheeps Wooll onely And if noe Relation of the party buryed or other person shall bring an Affidavit as aforesaid to the Parson or Minister within the time aforesaid That then the Goods and Chattels of the party deceased shall be and are hereby made lyable to the aforesaid Forfeiture of Five pounds to be levyed by way of Distresse and Sale thereof by Warrant of the Cheife Magistrate in any Towne Corporate or any Justice of the Peace or in default thereof by like Distresse and Sale of the Goods of the person in whose House the said partie dyed or of any that had a hand in putting such person into any Shirt Shift Sheete Shround or Coffin contrary to this Act or did order or dispose the doeing thereof and in case such person were a Servant and that he or she dyed in the Family of his or her Master or Mistresse That the same be levyed on the Goods or Chattells of his or her Master or Mistrisse and if such person dyed in the Family of his or her Father or Mother That then the same be levyed upon the Goods and Chattells of his or her Father or Mother in Manner and by Warrant as aforesaid which said Forfeiture or Forfeitures shall be levyed paid and allowed out of the Estate of the said deceased person before any Statute Judgement Debt Legacy or any other Duty whatsoever due oweing or payable from the said Deceased.
IV. Before whom Affidavit to be made.
No Fee.; If no Affidavit, then Parson to give Notice thereof to Churchwardens; Proceedings thereon.; Forfeitures how disposed of.
And it is hereby further enacted That the said Affidavit shall be made or taken before some one Justice of the Peace or Master of Chauncery ordinary or extraordinary Maior Bayliffe or other Cheife Officer of the City County Burrough Corporation or Market Towne in the County where the said partie was buryed who are hereby authorized and required to administer the said Oath and to attest the same under their hands upon such Affidavit Gratis And in case noe such Affidavit shall be brought to the Parson or Minister where the said Partie was buryed as aforesaid within the said Eight dayes That such Parson or Minister shall forthwith give or cause notice thereof to be given in writeing under his hand to the Churchwarden or Overseers of the Poore of such Parish who shall within Eight dayes after such notice repaire to the Cheife Magistrate in any Towne Corporate if such party was buryed in such City or Towne Corporate or else to any Justice of the Peace who upon the Certificate thereof from the said Parson Minister or Curate officiating in the said Parish shall forthwith grant a Warrant for the levying of the said Forfeiture on the Goods and Chattells of the Partyes before mentioned rendering the overplus to the partyes whose Goods were soe distrained upon all reasonable Charges being deducted one moyety of which Forfeitures shall be to the use and benefitt of the Poore of the Parish where such Party shall be buryed contrary to the directions of this Act and the other moyety thereof to the use of the person that shall informe and sue for the same to be recovered by Warrant of the Cheife Magistrate or any Justice of the Peace in the City Towne Corporate or County where such party was buryed
V. Parson neglecting to give Notice to Churchwardens of Affidavit not brought;
or Churchwardens not acting thereupon; or Justice neglecting his Duty; Penalty £5; Prosecutor to have his Costs. Limitation of Actions.
And in case any parson or minister shall neglect to give notice to the Churchwardens or Overseers of the Poore as aforesaid or not give unto them a Note or Certificate under his hand testifying that such an Affidavit and Certificate was not brought to him within the time limitted by this Act concerning the partyes being interested according to the directions thereof or that the Churchwardens or Overseers of the Poore shall not within Eight dayes after the Receipt of such Certificate repaire to such Cheife Magistrate or to some other Justice of the Peace with such Certificate and shew the same to him and demand his Warrant thereupon for levying the Forfeiture by this Act before appointed and in case such Cheife Magistrate or Justice of the Peace shall neglect his Duty in not issueing his Warrant for the levying the said Forfeiture he or they soe neglecting or offending shall forfeite for every such offence the Summe of Five pounds of lawfull Money of England to be recovered by such person as shall sue for the same by Action of Debt Bill Plaint or Information wherein noe Essoigne Wager of Law or Protection shall be allowed and wherein alsoe the Prosecutor shall recover his full Costs soe as the Suite be commenced within Six monthes after the offence shall be committed One fowerth Part of which said Forfeitures shall be to the use of His Majestie His Heirs and Successors Two other fourth parts thereof shall be to the use of the Poore of the Parish where the person soe offending or neglecting his Duty shall dwell And one other fourth part to the person that shall informe and sue for the same.
VI. Parson to keep a Register at the Charge of the Parish, and make Entry of Burials and Affidavits.
Memorial of Affidavit not brought.
And it is hereby, further enacted That the Parson or Minister of every Parish shall keepe a Register in a Booke to be provided at the charge of the Parish and make a true Entry of all Buryalls within his Parish and of all Affidavits brought to him as aforesaid within the time limitted as aforesaid And where noe such Affidavit shall be brought to him within such time that he enter a Memoriall thereof in the said Registry against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poore
VII. What First Account given by Overseers is to contain.
What future Accounts are to contain; No Accounts allowed without containing Account of Burials.
And it is hereby further enacted by the Authoritie aforesaid That [in the [firt (fn. 1) ] Account to be given in by any Overseers of the Poore after the First day of August One thousand six hundred seaventy eight they doe and shall give an Account as by this Act is hereafter directed of all Buryalls within their [Parish (fn. 2) ] from the said First day of August One thousand six hundred seaventy eight to the time of the giveing in the said Account and that for the future (fn. 3) ] when and as often as the Overseers of the Poore doe give up their Accounts to the Justices of the Peace at the Quarter Sessions or Petty Sessions or any two Justices of the Peace in their Monethly Meetings that they doe and shall give an Account of the Name and Quality of every person interred within their Parish from the time of their former Account and of such Certificates as came to their hands from the Parson or Minister of the said Parish that the persons therein mentioned were interred contrary to the directions and true intent of this Act and of their levying the Penalty on the Offenders according to this Act and alsoe a true Account of the disposall of the same under the Penalty of Five pounds to be levyed by Distresse and Sale of the Goods of such Churchwardens [and (fn. 4) ] Overseers by Warrant from the said Justices of the Peace or any two of them [And that noe Account of any Overseers of the Poore shall be allowed after the first day of August One thousand six hundred seaventy eight untill they shall therein account for the Burialls within the respective Parishes as is before directed (fn. 3) ]
VIII. Proviso for dying of the Plague.
Provided That noe Penalty appointed by this Act shall be incurred for or by reason of any person that shall dye of the Plague although such persons shall not be buryed as by this Act is directed
IX. Judges, &c. to give Act in charge;
and to be publicly read yearly for Seven Years.
And it is further enacted by the Authoritie aforesaid That from and after the said First day of August the said Judges at their respective Assizes and the Justices of the Peace at their respective Quarter Sessions shall give this Act in charge And moreover that this Act shall be publiquely read upon the first Sunday after the Feast of Saint Bartholimew every yeare for seaven yeares next following presently after Divine Service
X. In Actions for executing Act, General Issue.
And bee it further enacted by the Authoritie aforesaid That if any Action Bill Plaint Suite or Information shall be commenced or prosecuted against any person or persons for what he or they shall doe in pursuance or execution of this Act such person or persons soe sued shall and may pleade the Generall Issue Not guilty and upon Issue joyned may give this Act in evidence And if the Plaintiffe or Prosecutor shall become Non suite or suffer Discontinuance or if a Verdict passe against him or if upon a Demurrer Judgement passe against him the Defendant shall recover his Treble Costs for such molestation.