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A74028 Anno. XXVIII. Henrici VIII. Actes made in the parliament bego[n]ne and holden at Westm[inster], the. VIII. daye of Iune, in the. XXVIII. yere of the reygne of our most drad soueraine lord kyng Henry the. VIII. and there continued and kepte tyll the dissolution of the same parliament the. XVIII. of Iuly, to the honour of God, and for the common weale and profyt of this realme.; Public General Acts. 1536-1537. 28 Hen.VIII England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547. 1545 (1545) STC 9394.7; ESTC S124830 54,327 56

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mariage made solemnised betwene your highnes and the said lady Katherine shal be takē demed and accepted illegittimate to all intentes and pourposes and shal be vtterly forclosed excluded and barred to claime chalenge or demaunde any inherytaunce as laufull heyre to your highnesse by liniall dissent ¶ And also for as moche as the mariage solempnised betwene your highnes and the said late quene Anne vpō true and iuste causes was and is demed and adiudged by the said most reuerende father to be of noo value ne effecte and a deuorce seperation therof hadde and made by the due order and processe of the lawes of the churche of Englande before the said reuerende father Be it therfore enacted by the auctoritie of this present parliamēt that the same mariage betwene your highnes the said late quene Anne shall be taken reputed demed and adiudged to be of no force strength vertue nor effecte that the separation and deuorce therof had by the sentēce and iudgement of the said most reuerende father shal be good effectuall and soo here after shall be taken and reputed for euer by al your subiectes theyr heires and successours And that none appeale repeale reuocation or adnullation therof or any part of the same shall here after be hadde taken allowed or admitted in any behalfe And that all the issues and childrene borne and procreated vnder the same mariage betwene your highnesse and the said late quene Anne shall be taken reputed and accepted to be illegittimate to al intentes and purposes and vtterly forclosed excluded and barred to clayme challenge or demaunde any inheritaunce as laufull heyre or heyres to your hyghnes by lyniall discent the sayd former acte made in the last parlyament for the stablyshement of your succession or any thing therin contiyned or any other thinge or thinges to the contrarye therof in any wyse not withstandynge Degrees of mariage prohybyted by goddes lawes ¶ And further more syns many inconueniences haue fallen as wel within this realme as in others by reason of marieng within the degrees of mariage prohibited by goddes lawes that is to say the sonne to marye the mother or the stepmother carnally knowen by his father the brother the sister the father his sonnes daughter or his daughters daughter or the sonne to marye the daugher of his father procreate and borne by his stepmother or the son to mary his aunte being his fathers or mothers sister or to mary his vncles wife carnally knowen by his vncle or the father to mary his sōnes wyfe carnally knowen by his son or the brother to marye his brothers wyfe carnally knowen by his brother or any man maryed carnally knowinge his wyfe to marye his wyfes daughter or his wifes sonnes daughter or his wyfes daughters daughter or his wyfes syster ¶ And further to dilate and declare the meaning of these prohibitions It is to be vnderstand that if it chaunce any man to knowe carnally any woman Prohibitiōs of mariage that then all and singuler personnes beinge in any degree of consanguynitie or affinitie as aboue wrytten to any of the parties so carnally offendinge shall be demed and adiudged to be within the cases and limittes of the said prohbiitions of maryage All whiche mariages all be it they be playnely prohibite detested by the lawes of god yet neuertheles at some times they haue proceded vnder colours of dispensations by mans power which is but vsurped and of right oughte not to be graunted admitted ne allowed For no man of what estate degree or condition so euer he be hath power to dispence with goddes lawes as all the clergye of this realme in the said conuocations and the moste parte of all the vniuersyties of chrystendome and we also do affyrme and thynke ¶ BEIT therfore enacted by auctorytie afore sayde accordynge as it is declared and conteined in the said acte made in the last parliament for the establishement of your succession that no person or persons subiectes or resyauntes of this realme or in any your dominions of what estate degree or dignitie so euer they be shal from henseforth mary within the degrees afore rehersed what pretence so euer shall be made to the contrary therof And in case any person or persons of what estate dignitie degree or condition so euer they be hath bene heretofore maryed within this realme or in any other the kynges dominions within any the degrees aboue rehersed and by any the archebishoppes or ministers of the church of England be separate from the bondes of such vnlaufull mariages that then euery suche seperation shal be good laufull fyrme and permanent for euer not by any power auctoritie or meanes to be reuoked or vndone hereafter And that the children proceding or procreate vnder such vnlauful maryage shal not be lauful ne legitimate any foreyn lawes lycences dispēsations or other thing or thinges to the contrary therof not withstandinge And that in case there be any person or persons within this realme or in any the kinges dominions al redy maried within any of the said degrees aboue specified and not yet seperate from the bondes of such vnlaufull mariage that then euery suche person so vnlaufully maried shal be seperate by the diffinitiue sentence and iugement of the archebishops bishops and other ministers of the churche of Englande and in other your dominions within the limittes of their iurisdictions auctorities and by none other power or auctoritie And that all sentences and iugementes giuen and to be giuē by any archebishop bishop or other minister of the church of Englande or in any other the kinges dominions within the limittes of their iurisdictions and auctoritie shall be diffinitiue firme good and effectuall to all intentes and be obserued and obeyed without suing any prouocations appeles prohibitions or other processe from or to the courte of Rome to the derogation therof or contrary to the acte made sithen the beginninge of the last parliament for restrainte of such prouocations appeles prohibitions and other processes ¶ And also be it enacted by auctoritie afore said that all the issue hereafter to be had and procreate betwene your highnes and your said most dere and entierly beloued laufull wyfe Quene Iane shall be your laufull children heires and be inheritable and inherite accordinge to the course of inheritaunce and lawes of this realme the imperiall crowne of the same with all dignities honours preeminences prerogatiues auctorities and iurisdictions to the same annexed or belonging in as large ample maner as your highnes at this present time hath the same as king of this realme the inheritaunce therof to be and remayne to your said children and right heyres in maner and fourme as here after shal be declared That is to say ¶ First the said imperiall crowne and other the premisses shal be to youre maiestie and to your heires of your body laufully begoten that is to say Establisshement of the kynges
westm̄ within .xv. dayes nexte after suche presentment suspection or accusation had or made or in the first day of the terme next folowinge after such presentment suspection or accusation in such maner fourme as is afore rehersed And in case any ecclesiasticall or religious person being presented suspected or accused of any offence done or attempted contrary to this estatute be therof conuicted by confession or witnes before any archebisshoppe bisshop or arch●n or before any the commissaries vycars general or other their mini● in their seanes or visitations or before the kynges counsayle in the 〈◊〉 Chaumbre at westminster that then euery such spirituall and religi● person so being conuicte shal suffre suche peynes penalties and forfai●s as be expressed in the said statute made in the saide .xvi. yere of kinge ●harde the seconde ¶ It is also enacted by the auctoritie afore saide Ecclesiastical Iuge that if any ecclesiasticall ●ge or visitatour do voluntarily concele cloke hyde or colour any present● accusation or confession Visitour that shal be made to hym concerning this sta● and do not certifie euery such accusation presentment or confession be● the kinge and his counsayle in the sterred chaumbre at westminster in ●ch maner and fourme as is aboue specified in this estatute that then e●ry such ecclesiasticall iudge and visitatour so wilfully offendynge for e●ry such default shal forfaite .xl. li. the one halfe therof to the kinges high●s the other halfe to such person as will sue for the same by original wryt 〈◊〉 plainte or information in any of the kinges courtes in whiche suite no ●yne protection or wager of lawe shall be admitted nor allowed ¶ AND FOR stronger defence and mainteynaunce of this acte it is ordeyned and enacted by auctoritie afore saide that all and euery ecclesiasticall iudge ordynary chauncellour commissarye offycyall vycar generall and other ecclesiasticall officer or minister of what dignitie preeminence or degree soo euer they shall be And all and euery temporall iudge iusticyar ●yer bayliffe shereffe vndershereue eschetour alderman iurate constable hedborowe Thyrdborow borsolder and euery other laye officer and minister to be made created elected or admitted within this realme or any other the kinges domynyons of what estate ordre degree or condition so euer he shal be from and after the saide last daye of Iuly shal before he take vpon him the execution of suche office Othe make take and receyue a corporall othe vpon the Euangelystes before such person or persones as haue or shal haue auctoritie to admit him that he from hensforth shall vtterly renounce refuse relynquisshe or forsake the bishop of Rome and his auctoritie power and iurisdiction And that he shal neuer consent nor agree that the bisshop of Rome shal practise exercise or haue any maner of auctoritie iurisdictiō or power within this realme or any other the kinges dominions but that he shall resiste the same at all times to the vttermooste of his power Supreame heade of the Churche of Englande And that from hensforth he shall accepte repute and take the kynges maiestie to be the onely supreme hedde in erthe of the church of England And that to his cunninge wytte and vttermooste of his power without gyle fraude or other vndew meane he shall obserue kepe maynteyne and defende the holle effectes and contentes of all and synguler actes and statutes made to be made within this realme in derogation extirpation and extynguyshemente of the bishoppe of Rome and his auctoritie And al other actes and statutes made and to be made in reformatiō and corroboration of the kinges power of supreme hede in earth of the church of Englande and this he shall do ayenste all maner of personnes of what estate dignitie degree or condition they be and in no wise do nor attempt nor to his power suffer to be done or attempted directly or indirectly any thing or thinges pryuely or apartly to the let hinderaunce damage or derogation therof or of any part therof by any maner of meanes or for any maner of pretence And in case any oth be made or hath bene made by him to any person or personnes in maynteynaunce defence or fauour of the bisshoppe of Rome or his auctoritie iurisdiction or power he repute the same as vayne and adnichilate so helpe him god all saintes and the holy Euangeliste ¶ And it is also enacted by the auctoritie afore saide that all and euerye personne and personnes spirituall and temporall suyng lyuere restitutions or vtter le mayne out of the kinge his heires or successours handes or doynge any fealtie to his highnes his heires or successours or whiche shall be sworne to the king his heires or successours or that shal haue any office fee or roume of the moste gratious gifte of the kinges maiestie his heyres or successours or shall be reteyned in seruice with his grace his heires or successours shall make take and receyue the saide othe And that also all and euery religious personne at the time of his or their profession or entree into religion and euery other ecclesiasticall personne at the time of his takinge of orders and all and euery other personne which shal be promoted or preferred to any degree of lernyng in any vniuersitie within this realme or other the kinges dominions at the time of his promotion or preferment and euery of them shall make take and receiue the said othe before his or their soueraigne ordinary or the commissarie of such vniuersitie ¶ AND IT IS ALSO enacted by the auctoritie afore saide that if any personne or personnes lymitted or commaunded by auctoritie of this act to make the saide othe or commaunded by any other personne or personnes auctorised by the kinges highnesse commission vnder his greate seale or his seale ordeined for causes ecclesiasticall Treason to make the said othe obstinately refuse that to do that then euery such offence and contempt shal be high treason and the offenders therof being laufully conuicted shall suffre peynes of death and other forfaitures penalties and losses as is limitted and accustomed in cases of high treason by any lawes or statutes of this realme heretofore made ¶ PROVIDED alwayes and be it enacted that this acte nor any thing or thinges in the same rehersed mentioned or comprised be in any wise preiudicial hurtefull or derogatorie to the ceremonies vses and other laudable and politike ordinaunces Ceremonies for a tranquilitie discipline concorde deuocion vnitie and decent ordre heretofore in the church of Englande vsed instituted taken and accepted nor to any person or persons accordingly vsing the same or any of them ¶ Prouided alway and be it enacted by auctoritie of this pesente parliamente that this acte concernynge the bysshoppe of Rome or any thynge to be done by his vsurped auctoritie shall no further bynde nor extende to and vppon the kinges subiectes of his yle of Iersey Gernesey Iersey and Gernsey and Alderney in any other
aboue rehersed Clergy Sainctuary the offendours shal not be admitted to haue the benefite of his or their clergie but be vtterly excluded therof and from the same and also of the priuilege of any sainctuary ¶ Prouided alway that this acte extende not to be preiudiciall or hurtfull to any person or persons for taking any vittaile gables ropes ankers or sayles whiche any such person or persons compelled by necessitie taketh of or in any shippe which may conueniently spare the same so the same persone or persones pay out of hande for the same vittaile gables ropes ankers or sayles money or money worth to the value of the thinge so taken or to delyuer for the same a sufficient byll obligatorie to be payde in forme folowing Straictes of Marrocke That is to say if the taking of the same thinges be on this side the straytes of Marroke then to be paide within .iiii. monethes And if it be beyonde the saide straites of Marroke then to be payde within .xii. monethes next ensuynge the makyng of such billes And that the makers of suche bylles well and truely paye the same dette at the daye to be limitted within the said billes ¶ Prouided alwaye that whanne so euer any suche commission for the punyshement of the offences aforesaide or of any of them shall be directed or sent to any place within the iurisdiction of the fyue portes Fyue portes that then euerye such commission shall be directed vnto the lorde wardayne of the sayde portes for the time beinge or to his deputie and vnto thre or foure suche other person or persons as the lorde chauncellour for the tyme beynge shal name and appoynte Any thynge in this present acte to the contrary notwithstandynge ¶ Prouided alway that whan so euer any commission shal be directed vnto the fiue portes for the inquisition and trialles of any the offences expres● in this acte that euery such inquisition and triall to be hadde by vertue of such commission shal be made and had by the inhabitantes in the saide ●e portes or the membres of the same any thing in this act to the contra● therof not withstandinge ¶ An acte for the release of such as haue obteyned pretended lycences and dispensations from the see of Rome Capi. xvi WHere the bisshoppe of Rome and his predecessours Byshoppe of Rome of his and theyr couetous and ambitious myndes to th entent to aduaunce and enriche them selfes and the see of Rome to the greate empouerisshynge of this realme of Englande and other the kynges domynyons contrary to goddes lawes the lawes and statutes of this realme and in derogation of the imperiall crowne of this sayde realme haue heretofore wrongefully pretended extorted vsed and exercised within the same diuers and many vsurped powers iurisdictions and auctorities durynge and by the which tyme the sayd bysshoppe and his predecessours arrogantly and iniustly haue taken vpon them for great summes of money and other profittes to them giuen to graūt vnto the kynges subiectes and other inhabitauntes within this realme and other the kinges dominions many diuers sundry auctorities immunities faculties priuileges lycences indulgences and preeminences of diuers kindes natures and qualities which all thoughe they proceded by an iniuste and vsurped auctorytie haue bene vnto nowe of late by the subiectes of this realme temerously and ignorauntly accepted receyued vsed erronyously put in excercise and execution the which vsurped auctoritie iurisdiction and power is nowe iustely trulye and ought to be clerely and absolutely extynguyshed extirped and abolysshed within this realme and other the kynges domynions And for as moch as all and euery such person and persons bodies polytyke and corporate which vnlawefully and without any maner of auctoritie or iuste grounde heretofore haue temerously and ignorantly accepted receyued vsed erroniously put in execution and exercise the said faculties immunities auctorities priuileges lycences indulgences and preeminences haue nowe sincere pure and perfite intelligence and knowlege of the said vsurped auctoritie iurisdiction and power And that the said faculties auctorities priuileges licences and indulgences so as is aforesaide accepted receyued vsed and erroniously exercised were ben to all intentes and purposes clerely voyde frustrate and of none effecte All be it if they shulde be impeached or interrupted of such priuileges liberties preeminēces auctorities iurisdictions profittes and other commodities which they now haue vse and exercise by colour of such vayne and voyde licences dispensations and faculties it shulde be to their intollerable inquietations and vtter vndoynge Wherfore be it enacted by auctoritie of this present parliament that al bulles breues faculties and dispensations Bulles Breues Faculties Dyspensatyons of what names natures or qualyties so euer they be of heretofore had or opteyned of the bishoppe of Rome or of any his predecessours or by the auctoritie of the see of Rome by or to any subiectes resiantes or bodies politike or corporate of or in this realme or of or in any other the kinges dominions shall from hensforth be clerely voyde and of no value force strength nor vertue and shall neuer here after be vsed ●dmitted allowed pleaded or alleged in any places or courtes of this realme or of any other the kinges dominions vpon the peynes conteyned in the statute of prouision and premunire made in the .xvi. yere of the reigne of king Richarde the seconde Yet not withstandinge at the mooste humble petition and intercession of the lordes spirituall and temporal and the commons in this present parliament assembled it maye please the kinges maiestie of his moste gratious benignitie goodnes and blessed disposition that it maye be enacted by auctoritie of this parliament that al mariages had and solempnised within this realme or in any other the kinges dominions Maryages before the thirde day of Nouember in the .xxvi. yere of the kinges moste gratious reigne wherof there is no deuorce or separation had by the ecclesiasticall lawes of this realme which mariages be not prohibited by goddes lawes limitted and declared in the act made in this present parlyament for the establishement of the kinges successiō or otherwyse by holy scripture shall be by auctoritie of this present parliament good laufull and effectual and shal be from the beginning of such mariages reputed estemed taken adiudged receyued approued allowed by the auctoritie of this present parliament to al and singular purposes effectes and ententes as good as sufficient and as vayleable as though no impediment of matrymony had euer ben betwene them that haue contracted and solemnysed such mariages And that all children procreated and to be procreated in and vnder such mariages shall be laufull to all intentes and purposes Archebishoppes and byshoppes ¶ And that it may be also enacted by the auctoritie of this present parlyament that all archebishoppes and bishoppes of this realme or of any the kynges dominions consecrated and at this present time taken and reputed for archebisshops and bisshops may by
here to fore made or here after to be had done or made to the contrary therof not withstanding And that euery acte statute lawe prouision thinge and thinges heretofore had or made or here after to be hadde done or made contrary to the effecte of this statute shall be voyde and of no value nor force ¶ An acte for continuaunce of the statutes againste the caryage of brasse latenne and coper out of this realme And for making of cables and ropes for the wyndynge of wolles agaynst kyllynge of weynelynges vnder the age of two yeres Cap. viii WHere in the laste parlyamente begonne and holden at London the thyrde daye of Nouember in the .xxi. yere of the kinges most gratious reigne frome thens adiorned to westminster and there holden and continued by diuers prorogations vntyl the dissolution therof it was ordeined and established amongest other thinges one acte for restrayning the caryages of brasse Brasse laten and copper latten and coper out of this realme And also one other acte was made in this parliament for the trewe makinge of cables halsers and ropes Cables halsers ropes wynding of wolles Kyllynge of weinlynges One other acte for the trewe windinge of wolles and one other act to restraine killing of weinelinges bullockes steres or hester being vnder the age of two yeres All whiche foure seuerall actes were made to continue and endure to the nexte parliament as by the said actes more plainly appereth For as moch as the said seuerall actes and euery of them be necessary for the common welth of this realm be it therfore enacted by auctoritie of this presente parliament that the said foure seuerall actes and all clauses articles and prouisions therin conteyned shall from hensforthe be and stande good and effectuall and to endure and contynue vntyll the laste daye of the nexte parlyament ¶ In act for continuance of the statutes of petiurie for making of iayles for pewteres and for sowynge of flaxe and hempe Cap. ix WHere in the parliament begonne and holden at London the thirde day of Nouembre from thense adiourned to westminster and there holden and continued by prorogatiō vnto the .xv. day of Ianuarie in the .xxiii. yere of the reigne of our moste dradde soueraigne lorde kynge Henry the .viii. Atteynt Periury Iayle it was then in that sessiō of the said parliament one act made and established for the atteintes to be sued for punisshemēt of periurye vppon vntrue verdictes which acte was then made to endure to the last daye of the nexte parliament And where also in the saide session of the said parliament one acte was made and established for making of iayles in diuers shires of this realme whiche acte was than made to continue and endure for one yere nexte after the ende of the same parliament And where also in the time of the same parliament Pewterers one other acte was made concerning pewterers which act was also made to endure to the last day of the next parliament And also in the time of the said parliamēt one other acte was made concerning sowinge of flaxe and hempe Flax and hemp which acte also was made to continue and indure to the last day of th nexte parliament as by the said foure seuerall actes more plainely appereth For as moch as the said foure actes be good and beneficiall for the common welth of this realme be it therfore enacted by auctoritie of this presente parliament that the said foure actes and euery of them and al clauses articles and prouisiōs therin conteined shall stande continue and endure in theyr force and strengthe and be obserued and kepte to the laste day of the nexte parliamente ¶ An acte extinguishing the auctoritie of the bishop of Rome Ca. x. FOr as moch as not withstanding the good holsome lawes ordinances and statutes heretofore made enacted established by the kinges highnes our moste gratious soueraigne lord and by the hole consent of his high courte of parliamēt for the extirpation abolution and extinguissment out of this realme other his graces dominions seignories and contreis of the pretended power and vsurped auctoritie of the bishop of Rome Byshope of Rome by some called the pope vsed within the same or elles where concerninge the same realme dominions segniories or countreis which dyd obfuscate and wreste goddes holy worde and testament a longe season from the spiritual and trewe meanynge therof to his worldelye and carnall affectyons as pompe glorye auaryce ambytion and tyrannye couerynge and shadowinge the same with his humayne and polytike deuises traditions and inuentions sette forthe to promote and stablyshe his onelye domynion bothe vppon the sowles and also the bodyes and goodes of all Christyan people excluding Christ out of his kingedome and rule of man his soule as moche as he may and all other temporall kinges and princes out of theyr dominions which they ought to haue by goddis lawe vppon the bodies and goodes of theyr subiectes wherby he dyd not onely robbe the kinges maiestie being onely the supreme head of this his realme of Englād immediatly vnder god of his honour righte and preemynence due vnto hym by the lawe of god but spoiled this his realme yerely of innumerable treasure with the losse of the same deceiued the kinges louing obedient subiectes perswadinge to them by his lawes bulles and other his deceiuable meanes suche dreames vanities and fantasies as by the same many of them were seduced and conueied vnto superstitious and erronious opinions so that the kynges maiestie the lordes spirytuall and temporall and the commons in this realme being ouerweried and fatigated with thexperience of the infinite abhominations and mischefes procedinge of his impostures craftilie colouring of his deceites to the great damages of soules bodyes and goodes were forced of necessitie for the publique weale of this realme to exclude that forein pretended power iurisdiction and auctoritie vsed vsurped within this realme and to deuyse such remedies for theyr relife in the same as doth not onely redounde to the honour of god the highe praise and aduauncemēt of the kinges maiestie and of his realme but also to the great and inestimable vtilitie of the same And not withstandinge the said holsome lawes so made and heretofore establisshed yet it is commen to the knowlege of the kinges highnes and also to diuers and many his louing faithfull and obedient subiectes howe that diuers sedicious and contentious persones being impes of the saide bisshoppe of Rome and his see and in harte membres of his pretended monarchy do in corners elles where as they dare whisper inculke preache and perswade and from time to time instill in to the eares and heades of the pore simple and vnlettered people the aduauncement and continuaunce of the said bishoppes feined and pretended auctoritie pretending the same to haue his grounde and original of goddes law wherby the opinions of many be suspended theyr iugementes corrupted deceiued and
diuersitie in opinions augmēted encreased to the great displeasure of almighty god the high discontentation of our said most dred souerain lord and the interruption of the vnitie loue charite cōcorde and agremēt that ought to be in a christen region and congregation For auoydynge wherof and repression of the folyes of suche sedicious persones as be the meanes and authors of such inconueniences Be it enacted ordeyned and established by the kinge our soueraigne lorde and the lordes spirituall and temporall and the commons in this presente parliament assembled and by thauctoritie of the same that if any persō or persons dwelling demurring inhabiting or resiant within this realme or within any other the kinges dominions seignouries or countreis or the marches of the same or els where within or vnder his obeisance and power of what estate dygnitie preeminence order degre or condition so euer he or they be after the laste day of Iuly which shal be in the yere of our lord god M.D.xxxvi shal ● writinge cifring printing preching or teching dede or acte obstinately or ●aliciousely holde or stand with to extoll setforth maynteyne or defend the ●ctoritie iurisdiction or power of the bisshop of Rome or of his see hereto 〈◊〉 claymed vsed or vsurped within this realme or in any dominion or coū●ye beynge of within or vnder the kynges power or obeysaunce or by any ●tence obstinately or maliciousely inuent any thinge for thextollynge a●cement settyng forth mainteinance or defence of the same or any part ●of or by any pretence obstinately or maliciousely attribute any maner of iurisdiction auctoritie or preeminence to the said see of Rome or to a● bishop of the same see for the time beyng within this realme or in any the ●ges dominions or countreyes that then euery such person or personnes so doynge or offendinge their aydoues assistentes comforters abbettours procurers maynteyners fautours counsaylours concelours and euery of thē being therof laufully conuicted according to the lawes of this realme for euery such defaulte and offence shall incurre and runne in to the daungers penalties peines and forfaitures ordeyned and prouided by the statute of prouisiō and premunire made in the .xvi. yere of the reigne of the noble valiaunt prince king Richarde the seconde ayenst suche as attempte procure or make prouisiō to the see of Rome or els where for any thing or thinges to the derogation or contrary to the prerogatiue royall or iurisdiction of the crowne and dignitie of this realme ¶ And to the entente that this acte at all tymes may be wel and trewly executed and the offendoues therof haue and receyue condigne punishement according to their demerites It is enacted by the auctoritie afore sayde that as well iustyces of assise in their circuites Iustices of assyse and peace as iustyces of peace within the limittes of their commission and auctorities or two of euery such iusticiers of peace at the least wherof one to be of the quorum shall haue ful po● and auctoritie to enquere of all offences contemptes transgressions parpetrated committed or doone contrary to this acte in like maner and fourme as they may of other offences ayenst the kinges peace And shall certifie euery presentment afore them or any of them had or made concernynge this acte or any parte therof before the kinge in his benche within xl dayes nexte after any such presentment had or made if the terme be then open And if not thanne at the firste day of the terme nexte folowynge the saide .xl. dayes vpon peyn that euery of the iusticiers of assise or iusticiers of peace before whom such presentment shall be made makynge defaulte of such certificat contrary to this statute to lose and forfaite forty poundes to the kynges highnes ¶ And it is enacted by the auctoritie afore sayde Certificat that the Iusticiars of the kinges bench as well vpon euery such certificat as by enquery before them selfes within the limittes of their auctorities shal haue ful power and auctoritie to here ordre and determine euery such offence done or commytted contrary this acte accordinge to the lawes of this realme in suche like maner and fourme to all intentes and purposes as if the person or persons ayen● whom any presentment shal be had vpon this estatute had be presented vpon any mater or offence expressed in the said estatute made in the said xv● yere of king Richarde the seconde Visitations ¶ And it is also enacted by the auctoritie afore said that al and euery arc●byshoppes byshops and archedeacons within this realme their commissaries vycars generall and other their ministers in euery their visitation ●seanes Seanes shall make diligent insearche enquerie and examination of al euery ecclesiasticall and religious personne within and of their iurisdiction which shal be suspected accused or demed to be a transgressour or offendour of this acte And if vpon such serche enquirie and examination any ecclesiasticall or religious persons shall be presented suspected accused or founde culpable by witnes or confession of any offence contrary to this acte and be presente at the time of such presentmente examination or accusation that then euery the archbisshoppes bishoppes and archedeacons their commissaries vicars general and other their ministers afore or to whom any such personne shal be presented suspected accused or founde culpable as is afore saide shall committe euery suche persone so presented suspected accused or founde coulpable if he be presente as is aforesaid to the next common iaile of the shyere where such enquitie examination or accusation shal be had or made or elles by good sufficient sureties to be bounden by obligation to the kinges vse shall lette euery such personne to bayle by their discretions to appere before the kinge and his counsaile in the sterre chaumbre at westmynster within .xv. dayes nexte after suche enquirie presentment or accusation if the terme be then open and kepte or elles in the first day of the terme nexte folowynge after the same enquerie presentment or accusation And at the same day lymitted for such apparaunce they shall certifie in to the saide sterre chamber by writinge vnder their seales as well the saide bonde and obligation taken for such apparance as the presentment examination accusation or conuiction of euery such personne and all deposytions and circumstaunces therof and the name of the iayle where vnto they haue committed the saide personne And if any suche ecclesiasticall or religious persone beinge presented suspected or accused in any seane or visitation be not present at the tyme of the said seane or visitation as is afore said that then neuer the lesse euery the said archebisshoppes bishoppes and archedeacons their commissaries vicars generall and all other their ministers afore or to whom any suche presentement suspection or accusation shal be had or made shall certifie euery such presentement suspection and accusation and al circumstance therof as is afore said in to the sterre chaumbre at
of the kinges poore subiectes For remedye wherof it is enacted by the auctoritie of this present parliament that the saide estatute made in the fyrste yere of kynge Rycharde the third and al other estatutes heretofore made for trewe gawginge and measuringe of wines Gaugynge of wynes and other licours oyles hony or any other lycours whiche estatutes afore this tyme be not repelled nor expyred shall stande in theyr strength and vertue and be put in due execution according to theyr tenors and effectes in euery behalfe ¶ AND ouer that be it enacted by auctoritie of this present parlyament that euery gauger within this realme shall trewelye and effectually within the limittes of his offyce gauge all the saide tonnes buttes pipes terses poncheons Gaugeour tercyans barrelles hogges head and rundlettes and shall playnely and trewly make vppon the head of euerye suche vessell the content of the same vppon peine to forfaite to the partie to whose vse the wine oyle or other thynge therin beinge shall be sold foure tymes the value of that that the vessell so marked shall lacke of his laufull contente aboue writen the same forfayture to be recouered ouer and besydes the costes of the sure by the kinges originall writte or by byll in any of the kinges courtes of his common lawes or in any competente courte hauynge iurisdyciyon in the place where that offence shal be committed by action or bill of dette in which action or suite none essoyn protection nor wager of lawe shal be accepted admitted or allowed to the defendant or defendantes And that euerye marchaunte or other personne sellinge the saide wine oyle or other thynge conteyned in the said vessell marked shall allowe of the price therof to the byer of the same for euery quantitie of wine oyle or other thynge conteyned in the saide marked vessell the ful valewe of the lacke therof beynge by reason of defaute of full gauge of the vesselle marked or of defaute of fyllynge of the same vessell or by reason of defaute of any of them after the rate of the hole price of the wine oyle or other thinge so beynge solde by that vessell marked and that vpon peyne of forfayture to the same byer the dowble value of the same vesselle and wine oyle or other thynge therin beynge so solde the same forfayture to be recouered to gether with the costes of the suyte in maner and fourme as the forfayture laste before written is lymytted to be recouered ¶ An acte for punyshement of pyrotes and robbers on the sea Capit. xv WHere traytours pirotes theues robbers murtherers Pyrates and confederatours vpon the sea many tymes escape vnpunisshed bicause the triall of their offences hath heretofore ben ordered iudged and determined before the Admiral Admyrall or his lieutenaunt or commissarie after the course of the ciuile lawes the nature wherof is that before any iugement of deth canne be yeuen agaynst the offendours eyther they must playnely confesse their offences which they will neuer do without torture or peynes or elles their offences be so playnely and directly proued by witnesse indifferente Robbers on the sea such as sawe their offences committed whiche canne not be gotten but by chaunce at fewe times bycause such offendours commytte their offences vpon the sea and at many times murdre and kylle such personnes beynge in the shippe or bote where they committe their offences whiche shoulde wytnesse ayenst them in that behalfe and also suche as shuld beare witnes be commonlye maryners and shipemen whiche bycause of their often vyages and passages in the seas depart without longe tarienge and protraction of time to the great costes and charges as well of the kinges highnes as suche as wolde pursue such offendours For refourmation wherof be it enacted by the auctoritie of this present parliament that all treasons felonies robberies murders and confederacies hereafter to be commited in or vpon the sea or in any other hauen riuer creke or place where the admyral or admiralles haue or pretend to haue power auctoritie or iurisdiction shal be inquired tried harde determyned and iudged in such shyres places in the realme as shall be limitted by the kynges commission or comissions to be directed for the same in like fourme and condition as if any such offence or offences had ben committed or done in or vpon the lande and such commissions shal be had vnder the kynges great seale directed to the Admirall or admiralles or to his or to their lieutenaunt deputie deputies Chancelloure of England and to iii. or .iiii. such other substantiall persones as shall be named or appoynted by the lorde Chauncellour of Englande for the time beynge from tyme to tyme and as ofte as nede shall require to here and determine suche offences after the common course of the lawes of this lande vsed for treasones felonies robberies murders and confederacies of the same done and committed vpon the lande within this realme ¶ And be it enacted by the auctoritie afore saide that suche personnes to whom suche commission or commissions shall be directed or .iiii. of theym at the least shall haue full power and auctoritie to enquere of such offences and of euery of them by the othes of twelue good and lauful inhabitantes in the Shire limitted in their commission in suche like maner and forme as if suche offences hadde benne committed vppon the lande within the same Shyre And that euery inditement founde and presented before such commissioners of any treasons felonies robberies murders manslaughters or such other offences commytted or done in or vpon the seas or in or vpon any other hauen ryuer or creke shal be good and effectual in the lawe And if any person or persons happē to be indited for any such offence done or hereafter to be done vpon the seas or in any other places aboue limitted that then such orders processe iudgement execution shal be vsed had done and made to and agaynst euery such person and persons so beinge indicted as agaynste traytours felons and murderers for treason felony robbery murder or other such offences done vpon the lande as by the lawes of the realme is accustomed And that the triall of such offence or offences if it be denyed by the offendour or offendours shal be had by twelue lauful men inhabited in the shire limitted within such commission whiche shall be directed as is aforesayde and no chalenge or chalenges to be had for the hundred Challenge And such as shall be conuicte of any such offence or offences by verdicte confession or proces by auctoritie of any suche commission shall haue and suffre suche peynes of death losses of landes goodes cattalles as if they had ben attaynted and conuicted of any treasons felonies robberies or other the said offences done vpon the landes ¶ And be it enacted by auctoritie aforesaide that for treasons robberies felonies murders confederacies done vpon the sea or seas or in any place
auctoritie of this present parlyament and not by vertue of any prouisiō or other foreyne auctoritie licence facultie or dispensation kepe enioy and reteyn their archebishoprikes byshoprikes in as large ample maner as if they had ben promoted elected confirmed consecrated according to the dewe course of the lawes of this realme And that euery archebyshoppe and byshoppe of this realme and of other the kinges dominions may minister vse and exercise all and euerye thyng and thinges perteyning to thoffice or ordre of an archebisshop byshop with al tokens insignes and ceremonies therunto laufully belonging And that al ecclesiasticall persons of the kinges realme dominions which at this time be taken had and reputed for abbottes priours abbasses prio●esses and other heades of religion whiche be not nother shall be excluded from their dignities by the late acte of suppression and the religious persons lyuinge vnder their obedience and all persons now taken and reputed as maysters presidentes prouostes and wardeynes of cathedrall churches and colleges with the companies and felowshippes of the same al prestes and clerkes which haue receyued any of the ecclesiasticall orders all archedeacons and deanes and other hauynge offices cures and dignities spirituall may by auctoritie of this act and not by the vertue of any forein power or auctoritie administer vse and exercise all thinges perteininge to their dignities offices ordres cures religions and felowshippes and maye laufully hereafter vse al tokens insignes and ceremonies which they haue ben accustomed to vse in times paste so it be not expresly agaynst the lawes of god and this realme any thing or thinges conteyned in any act or actes made sithen the beginninge of this present parliament to the contrary of any the premisses in any wise not withstanding ¶ And where diuers and many of the kinges said subiectes haue purchased and obteyned many dispensations bulles breues and faculties of the bishoppe of Rome for the tyme beynge or by auctoritie of the see of Rome as pluralities vnyons trialities appropriations commendams exemptions and other bulles breues and faculties for diuers causes and matters other than be afore expressed which be of no strength or vertue it may therfore please the kynges maiestie that it may be enacted by auctoritie afore saide that all and euery his said subiectes durynge the time of one hole yere next after the feast of saincte Michaell the archaungell nexte comminge maye enioy vse and haue by auctoritie of this present acte and not by the vertue of the said bulles breues and faculties al euery the effectes conteyned specified in such bulles breues and faculties in all such cases onely as may be dispensed with by the archebishoppe of Canturbury by auctoritie of the lawes and statutes of this realme ¶ And that it maye be further enacted by auctoritie aforesaid that all and euery the kinges said subiectes bryngyng rendrynge and delyuerynge to such persons of his counsell or of the maisters of his chancery as the kinges highnes shall name and appoynt any bulles breues or any other faculties concerninge any the premisses that then if it shall appere to such persons as the kinges highnes shall so name and appoynt to receyue such bulles faculties and breues after dewe examination therof had that the effectes conteyned and specified in such bulles faculties and breues or any part therof maye be laufully graunted by the saide archebyshoppe of Canturbury by auctoritie of the lawes and statutes of this realme that then in euery such case the kinges saide subiectes makinge humble suite to haue the effectes conteyned in the said bulles breues and faculties to be granted vnto them Chauncellor of Englande shall haue receyue and obteyne of the chauncellour of Englande or keper of the great seale for the time beinge by sufficient writing in dewe fourme to be made and to be sealed vnder the kinges great seale all and euery such effectes conteyned and specified in such bulles breues and fac●ties Archebisshop of Cant. as may be laufully graunted by the sayde archebisshoppe of Cant●bury by auctoritie of the lawes and statutes of this realme paying onel● for the sealinge of euery such writinge .xx. s .iiii. d. And ouer that for t● reasonable costes for peynes of the writinge therof .iii. s iiii d. and not ●boue and for the peyne taken for dewe examynation of euery suche bulles breues and faculties .iii. s .iiii. d. and not aboue And that this present act● shal be sufficient and immediate warrant to the chancellour or keper of the greate s● for thensealing and deliuerie of such licences faculties dispensations and other writinges which shall be made graunted and sealed vnder the kinges greate seale by vertue and auctoritie of this acte ¶ And it is also enacted by auctoritie afore sayd that all and euery suche lycence dispensation facultie confirmation or other writing to be had made or graunted vnder the kinges great seale out of the said court of chauncery by auctoritie of this acte in fourme as is aboue rehersed shall be good and effectuall to the saide parties suing for the same according to the tenor and effectes therof and shall be admitted accepted and allowed in all courtes and places of this realme and in all other the kinges dominions any vsage prescription foreyne lawes customes or ordynaunce to the contrary therof notwithstandinge ¶ An acte giuinge auctoritie to suche as shall succede to the crowne of this realme whan they come to the age of .xxiiii. yeres to make frustrate such actes as shall be made afore in their time Capitulo .xvii. FOr as moche as lawes and statutes may happen hereafter to be made within this realme at parlyamentes holden at such time as the kinges of the same shall happen to be within age hauynge small knowledge and experience of their affaires to the great hynderance and derogation of the imperiall crowne of this realme and to the vniuersall damage of the common welthe of the subiectes of the same Be it therfore enacted by auctoritie of this presente parlyament that if the imperiall crowne of this realme after the deceasse of the kynges mooste royall maiestie whose lyfe our lorde longe preserue discende comme or remayne to the heires of oure saide soueraigne lorde or to any persone to be limitted by his highnes as of very right it muste and ought to do Actes of parlyament according to the lawes of this realme established for the same the saide heires or suche personne beinge within the age of .xxiiii. yeres and that then any acte or actes of parliament shall happen to be made and establyshed in any parliament that then shall be holden before suche heyre or heires person or persones then being in possession of the said crowne shall be of their full ages of .xxiiii. yeres that then euery such heire or heires of ●de soueraigne lorde or such persone so possessed of the crowne and 〈◊〉 within the same age of .xxiiii. yeres shall haue full power and au●