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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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suretie of his succession in the crown of this realme in the parliament begonne and holden at Westminster in the .viii. daye of Iune in the .xxviii. yere of the kinges most gratious reigne And also for lacke of such heires to such person persons as the kinges highnes shall limitte and appoint to succede to the crown by vertue auctoritie of the same act and not to any other within this realm nor foreine auctoritie power or potentate And in case any other othe be made or hath be made by you to any person or persons that then ye to repute the same as vayne adnichilate And that to your counninge writte and vttermooste of your power without gyle fraude or other vndewe maner ye shall obserue kepe maynteine and defende the saide acte of succession made in the saide parliament begon and holden at westmynster in the said .viii. day of Iune in the saide .xxviii. yere of the kinges most roiall reigne and al the holle effectes and contentes therof and al thinges that shall be done by the kinges highnes by auctoritie of the same and all other actes and statutes made in confirmation or for executiō of the same or of any thing therin conteined and this ye shal do against al maner of persōs of what estate dignitie degree or condition so ●uer they be in no wise do or attempte nor to your power suffre to be done or attempted directlie or indirectly any thing or thinges priuily or appertely to the let hinderaunce damage or derogation therof or of any parte of the same or of any thynge or thinges that shal be done by the kinges highnesse by vertue or auctoritie of the said act by any maner of meanes or for any maner of pretence so helpe you god al saintes and the holy Euangelistis ¶ And it is also enacted by auctoritie afore saide that all maner your subiectes as well spirytuall as temporall suynge lyuerey or ouster le mayne out of the handes of your highnesse or of your heires or successours or doynge any feyltie to your highnesse or to your heires or successours by reason of tenure of theyr landes shall swere the saide corporall Othe aboue mencyoned And that they nor any of theym shall here after haue any lyuereys oustre le mayne or restytution out of your handes nor oute of the handes of your heyres or successours tylle they shall haue made the saide corporall Othe in fourme aboue rehersed And if any person or persones beynge commaunded by auctorytye of this acte to make the sayde Othe afore lymytted obstynately or wylfullye refuse that to doo or wyll proteste and saye whan they shall be examyned vpon any interrogatories that shal be obiected to theym for or concernynge this acte or any thyng therin conteined that they be not bounde to declare their thought and conscience and styffely theron abyde that then euery suche personne soo doynge for euery suche offence shall be taken and accepted for offendour in hyghe treason And that euery suche refusell shall be demed and adiudged highe treason Treason and the offendour therin beinge as afore is limitted lawefullye conuicted or attemted therof by the lawes of this realme shall suffre suche peines of death losses and forfaitures and also lose priuileges of saintuaries in like maner and fourme as is aboue mentioned for the treasons afore limitted by this acte ¶ And be it further enacted by auctoritie of this present parliamente that if it shall please the kynges maiestie at any tyme here after by his letters patentes vnder his greate seale or by his laste wyll made in wrytinge Letters patentes and ligned with his most gratious hande to auaunce any person or persons of his most royall bloud to any title style or name of any estate dignitie or honour what so euer it be and to gyue to them or to any of them any castelles honours manours landes tenemētes liberties frācheses or other hereditamentes in fee symple fee tayle or for terme of theyr lyues or the life of any of them that then al and euery such letters patentes and last wyl of his highnes so to be made to any such person or persones of his blode shal be good and effectuall to them and euery of them according to the tenour purporses and effectes of euerye such letters patentes and laste will And that the said persone and persones and euery of them shall haue and enioy as well all suche titles style and names of honour dignitie and estate whiche shall be conteyned and expressed in any such letters patentes or laste wyll of the kynges hyghnes as suche castelles honours manours landes tenementes lyberties francheses and all other hereditamentes whiche shall be specifyed and mencyoned in euery such letters patentes or last will in such maner fourme fation and condicion and according to such estate or estates in the lawe as shal be expressed and limitted in euery suche letters patentes or last wyll in as large and ample maner to all intentes and purposes as if the titles styles and names of honour dygnitie and estate and the castelles honours manours landes tenementes lyberties francheses and other hereditamentes whiche shall be comprysed in any such letters patentes or laste wyll to be made were all redye yeuen by good sufficient letters patentes to suche personne or persons of the kynges blode by theyr speciall names and surnames and ratyfyed and confyrmed by auctoritie of this presente parlyamēte Or as if the names of suche personne and personnes soo beyng of the kinges bloudde and such titles stiles names castelles honours manours landes tenementes lyberties francheses or other hereditamentes hadde ben specyally named and expressed in this acte and gyuen to suche person and personnes of the kinges bloude by theyr propre names and surnames by sufficient wordes termes clauses sentences immediatly by auctoritie of this present parliament Sauinge to al and euery person and persons and bodyes politike and to theyr heyres assignes and successours other than to the kinges highnes his heyres or successours al such ryghte title interest possession rentes annulties fees offices comens rightes interestes petitions condicions all other hereditamentes which they or any of them may or mought claime of in or to any the said titles stiles names castelles honours manours landes tenementes liberties frācheses and other heredytamentes conteyned or mentioned in any suche letters patentes or laste wyll in as large and ample maner as if this acte hadde neuer be had nor made ¶ AND BE it fynally enacted by auctoritie afore said that this presente acte and euery clause article and sentence comprised in the same shal be taken and accepted according to the plaine wordes and sentences therin conteined and shall not be interpreted nor expounded by colour of any pretēse or cause or by any subtill argumentes inuentions or reasons to the hynderance disturbance or derogation of this act or any part therof Any thing or thinges acte or actes of parlyament
ANNO. XXVIII HENRICI VIII ACTES MADE IN THE parliament begōne and holden at Westm̄ 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 THO. BERTHELET REGIS IMPRESSOR EXCVDEBAT CVM PRIVILEGIO THE TABLE AN acte that felons abiuring for pety treason murder or felony shall not be admitted to the benefite of their clergie cap. i. An acte for continuinge of two statutes made in the last parliament touchyng suche as go away with caskettes iewels goodes or plate of their maisters capit ii An acte giuinge the kinges highnes auctoritie newely to allotte the towneshippes in the shyres and marches of Wales at any time within .iii. yeres nexte ensuing capi iii. An acte repellyng the statute lately made for the bringing in of doulas and lockerams cap. iiii An acte for auoydynge of exactions taken vpon prentyces in the cities boroughes and townes corporate cap. v. An acte for continuaunce of the statutes for beggers and vacabundes and agaynst conueiaunce of horses and mares oute of this realme agaynste Walshemen makynge affrayes in the counties of Herff Glou. and Salop̄ and aganst the vice of buggery cap. vi An act for the establishment of the succession of the imperial crowne of this realme cap. vii An acte for contynuaunce of the statute ayenste the cariage of brasse latenne and copper out of this realme and for makynge of cables and ropes for the wyndyng of wolles and ayenst kyllyng of weinlinges vnder the age of two yeres cap. viii An acte for continuaunce of the statutes of periury for makynge of iayles for peuterers and for sowynge of flaxe and hempe cap. ix An acte extynguyshynge the auctoritie of the byshop of Rome cap. x. An acte for restitution of the fyrste fruites in tyme of vacation to the nexte Incumbent cap. xi An acte declarynge the lymyttes of the kynges palays of Westm̄ cap. xii An acte compellynge spirituall persons to kepe resydence vpon theyr benefices cap. xiii An acte limitting the pryces of wynes cap. xiiii An acte for punishement of pirotes and robbers on the sea capit xv An acte for the release of suche as haue opteyned pretended lycences and dyspensations from the sea of Rome cap. xvi An acte giuynge auctoritie to suche as shal succede to the crowne of this realme whan they come to the age of .xxiiii. yeres to make frustrate suche actes as shall be made before in theyr tyme. cap. xvii An acte concernyng treason in certayne cases cap. xviii FINIS TABVLAE ¶ An acte that felons abiuringe for pety treason murder or felony shall not be admytted to the benefyte of theyr clergie Capi. i. WHere in the laste parliament begonne and holden at London the third day of Nouembre in the .xxi. yere of the kinges mooste gratious reygne Abiuration and from thens adiourned to Westmynster and there holden and continued by dyuers and sondry prorogations It was enacted amonges other thynges that such persone and persones Sainctuary which dyd ●ee or resorte to any paryshe church cimitory or other lyke halowed place for tuition of his lyfe by occasion of any murder robberye or other felony by the same person commytted and thervpon confessed any murder felony or other offence before a crowner for the whiche the same persone by the lawe of this realme afore that tyme vsed shulde abiure and passe out of this realme shulde be dyrected by the crowner to take his abiuratyon to any one saynctuary being within this realme which the same person wold decte and chose there to remayne as a saintuary man abiured duringe his naturall lyfe And if after such abiuration any person so abiured came out of the same saynctuarye to the which he was assygned and be taken without the same saynctuary not hauynge the kinges speciall pardon or licence so to do that then euery such personne abiured and after abiuration taken without saynctuarye whervnto he was assigned shuld suffre lyke peyne of deathe and after lyke maner shuld be ordered as he shuld haue done and ●den in case he had abiured this realme for murder or felony and after suche abiuration had returned agayne into this realme contrarye to the lawes of this land And it was further ordeined by the same acte that if any such saynctuary personne so abiured or any other personne or personnes which then were or at any tyme after shuld happen to be in any sainctuary of this realme for doinge of any pety treason murder or felonye or for being accessarye to any such offences or if any persone or persons which at any time after the making of the same acte shuld take any sayntuary of this realme for any pety treason murder or felony or for beinge accessary to any such offences or vpon abiuration and so being in sainctuary for any such cause matter or offence afterward cōmit any pety treason murder or felony within the same sainctuarie or be accessarie to any such offences or goo oute of the same sainctuarie and cōmytte any petye treason murder or felonye or be accessary to any such offences and afterward come again to the same sainctuarie or take any other sainctuarie for the same that euery such person and persons beinge indited for any of the said causes or offences shuld lose the priuilege of the saintuary by him taken and of euery other saintuary within this realme for any such cause of pety treason murder felony or abiuration or for any accessary to any suche offences ¶ And it was further ordeyned by the same acte that al foreine plees triable by countrey whiche shulde be pleded by any person or persons arrayned vpon any inditement for any pety treason murder or felonye shuld be tried before the same Iustices afore whom such personnes shuld be arrayned and by the same iurours of the countie that shal trie the petye treason murder or felony Challenge without any further respite or delaie And that no person arrayned for any pety treason murder or felony shulde be admitted to any paremptorye challenge aboue the noumbre of .xx. which acte was made to endure to the ende of the nexte parliament as by the said act amonges diuers clauses prouisions conteined in the same more plainely is expressed ¶ And where also in the same parliamēt it was enacted that no person or persons which shuld happen to be founde giltie after the lawes of this realme for any maner of petye treason or for any wilfulle murder of malice prepensed or for robbinge of any churches chapelles or other holie places or for robbyng of any personne or personnes in theyr dwellinge houses or dwellinge place the owner or dweller in the saide house his wife his chyldren or seruauntes then beinge within and putte in feare and drede by the same Or for
heades ¶ And for sure corroboration therof be it further enacted by auctoritie afore saide that such person and persones as to whome it shall please your maiestie to dispose limitte and assigne your said crowne and other the premisses therto apperteininge by your letters patentes or by your laste wyll as is aforesaide shall haue and enioye the same after your decease and for lacke of heires of your bodie lawfully begotten according to suche astate and after such maner fourme facion order and condition as shal be therof expressed mentioned and conteyned in your said letters patentes or in your said last will in as large and ample maner as if such person and persons had be your laufull heires to the imperiall crowne of this realme and as if the same crowne of this realme had be giuen and limitted to them plainely and particularly by special names and sufficient termes and wordes by the full and immediate auctoritie of this your most high court of parliament ¶ And it is further enacted by auctoritie aforesaid that if any of your heyres or children hereafter doo vsurpe the one of them vppon the other in the crowne of this realme or clayme or chalenge your said imperiall crowne in any other fourme or degree of discente or succession then is afore lymytted by this act Or if any person or persons to whom it shal please your highnes of your mooste excellent goodnes by auctoritie of this acte to giue and dispose your said crowne and dignitie of this realme or the heires of any of them do at any time hereafter demaunde chalenge or clayme your saide crowne of this realme other wyse or in any other course fourme degree or condition then the same shall be giuen disposed and limitted vnto them by your highnes by vertue and auctoritie of this acte Or if any such persone or persones to whom your maiestie shal hereafter giue or dispose your said crowne by auctoritie of this acte or any of their heires do interrupte or let any of the heires of your maiestie that is or shal be begoten borne procreated vnder your laufull pure sincere and vndouted mariage nowe had and solempnised betwene your highnes and your said moste dere and entierly beloued wife quene Iane or any other your laufull heyres here after to be begoten of your body by any other laufull mariage peasably quietly to kepe haue and enioye the saide imperiall crowne and other the premysses by course of inheritaunce according to the limitation therof expressed and declared by this acte that then all singular the offendours in any of the premisses contrary to this acte Treason all their abbetours mainteinours fautours counsaylours and aydours therin shal be demed and adiudged high traytours to the realme And that euery such offence shall be accepted reputed and taken to be high treason and the offendours therin their aidours maynteinours fautours consaylours and abettours and euery of them for euery such offence shal suffre such iudgement and peines of death losses forfaitures of landes goodes and priuileges of sainctuary as in any cases of highe treason And ouer that as well your sayde heires and children as euery such person and persons to whom your highnesse shall limitte youre said crowne in fourme as is aforesaide and euery of theyr heyres for euery suche offence aboue specified by them or any of them to be committed shal lose and forfaite as well all suche righte title and intereste that they maye clayme or challenge in or to the crowne of this realme as heires by discent 〈◊〉 by reason of any gifte or act that shal be done by your highnes for his or their aduauncement by auctoritie of this acte or other wyse by any maner of meanes or pretence what so euer it be ¶ And be it further enacted by auctoritie aforesaide that if any person or persons of what astate degree dignitie or condition so euer they be at any 〈◊〉 hereafter by wordes writinge imprintinge or by any exterior acte or dede maliciously or willingly procure or do or cause to be procured or done directly or indirectly any thinge or thinges to the perill of your moste royall person or to the perill of the person of any your heires or successours ha●…ng the royall estate of the crowne of this realme or maliciously or wyllingly giue occasion by wordes writing print deede or acte wherby youre highnes or any your saide heires or successours hauyng the royall estate of the crown of this realme might be disturbed or interrupted of the crown of this realme Or by wordes writing print dede or act procure or do or cause to be procured or done any thing or thinges to or for the interruptiō repele or adnullation of this acte or of any thing therin conteined or of any thing that shall be done by your highnes in the limittation and dispotion of your crowne by auctoritie of the same Or by wordes writing print dede or act procure or cause to be procured or done any thing or thinges to the preiudice sclander disturbance or derogation of the said laufull matrimony solemp●…ised betwene your maiestie and the said quene Iane or any other your lauful wife or wiues hereafter by your highnes to be taken Or to the peril sclander or disherison of any of the issues and heires of your highnes being lymitted by this acte to enherite and to be inheritable to the crown of this realme in such forme as is aforesaid Or to the interruption or disherison of any such person or persons to whom your highnes shal assigne and dispose your said imperiall crowne by auctoritie of this act as is afore remembred wherby any such issues or heires of your highnes or such other persō or ꝑsōs might be distroied disturbed or interrupted in fame body or title of the inheritance to the crowne of this realme as to them is limitted in this act informe aboue rehersed or as to them shal be limitted and assigned by your highnes by vertue auctoritie of this acte Or if any person or persons by wordes writinge imprinting or any other exteriour acte directly or indirectly accepte or take iudge or beleue any of the mariages had solempnised betwene the kinges highnes and the said lady Katharine or betwene the kinges highnesse and the said late quene Anne to be good lauful or of any effect Or by wordes writing printinge or any other exterior acte directly or indirectly sclander interrupte empeche gaynsaye or impugne the lawefull iudgementes and sentences of the said most reuerende father in god Thomas archebishop of Canturbury and primate of all England for and concerning the deuorces and separations of the saide vnlaufull maryages or any of them Or by wordes writinge print or any other exterior acte directly or indirectly take accepte name or cal by any pretence any of the children borne and procreated vnder any of the saide vnlauful mariages to be legittimate and lauful children of your maiesty Or if any person
be conteyned in the saide former acte Benefices persons made and apoynted for such beneficed persons for theyr none resydence And that none of the saide beneficed persons being aboue the age aforesaid except before except shall from hensforth be excused of theyr none residence vpon the saide benefices for that they be studentes or resiaunt within the said vniuersities or any of them any prouiso or any other clause or sentence specyfyed or conteyned in the said former acte of none residence or any other thinge or thinges to the contrary hereof in any wyse not withstandinge ¶ And ouer this be it enacted by thauctoritie beforesaid that al and singular such beneficed persons being vnder the age of .xl. yeres resiante and abiding within the said vniuersities or any of them shall not enioye the priuilege libertie of none residence conteined in the prouiso of the said former act made for the scholars studentes of the said vniuersities or any of thē onlesse he or they be presente at the ordinary lecture and lectures as well at home in theyr houses as in the cōmon schole or scholes and in theyr propre persons kepe sophemes problemes disputatiōs and other exercises of lerninge and be apponente and respondent in the same according to the ordinances and statutes of eyther of the said vniuersities where he or they shal be so abydinge or resiaunt any thynge conteyned in the said prouiso or former acte to the contrary not withstandynge ¶ Prouided alway that this acte shall begynne to take effecte at the feaste of saynct Mighel tharchaungell nexte comynge and not before ¶ Prouided alway that this acte nor any thinge therin conteyned shal extende to any person or persons which nowe is or hereafter shall be readers of any publique or common lecture in diuynitie lawe cyuile phisyke philosophy Reeders of Publique Lectures humanitie or of any of the lyberall sciences or publyke or cōmon interpretours or techers of the Ebrewtong Caldey or Greke in whatsoeuer college or place of any of the saide vniuersities the said persons for the tyme beinge shal rede the saide cōmon or publique lectures Nor yet to any person or persons which after or about the age of .xl. yeres which shall resorte to any of the said vniuersities to procede doctours in diuinitie lawe ciuile or phisike for the tyme of their saide procedinges and executynge of suche sermons dispucions or lectures which they be bound by the statutes of the vniuersities there to do for the sayde degrees so obteyned ¶ An acte lymyttinge the prices of wynes Cap. xiiii BE it enacted by auctoritie of this present parliament that no person or persons shal sell any Gascoyne Guyon or Frēche wynes aboue .viii. d. the galon Price of wines that is to saye a penye the pynte .ii. d. the quarte .iiii. pence the potel and .viii. pence the galon vpon payne of forfaiture for euery pinte to be sold aboue the said price .iiii. d. and for euery quarte sold aboue the sayd price .viii. d. and for euery pottel so solde aboue the said price xii d. And for euery galon so solde aboue the saide price afore limitted ii.s̄ And that no Malmeseys romneys sackes nor other swete wynes shall be ●de by retayle aboue .xii. d. the galō .vi. d. the potel .iii. d. the quarte and .i. 〈◊〉 the pynte vppon peyne to lose and forfayte iii.s̄.iiii d. for euerye ga● .xx. d. for euery potell .xii. d. for euery quarte and .vi. d. for euery pynte that shall be solde contrary to this acte ¶ Prouided alwaye that the lorde Chancellour lorde Treasourer lorde President of the kynges most honourable counsayle lord Priuie seale and the two chiefe Iustices of eyther benche or v.iiii or .iii. of them shal haue power and auctoritie by theyr dyscretyons to sette the prices of all kinde of ●ynes that is to saye of the pryces of the butte tonne pype hogges head ●cheon teers barrell or rundelet when it shall be solde in grosse so that they or any of them cause the prices by them set to be written and open proclamation therof to be made in the kynges courte of Chancery openly in the terme tyme or elles in the cytie boroughe or towne where any such wy●s shall be solde in grosse any thynge conteyned in this acte to the contrarye hereof not withstandynge ¶ And it is further enacted that if any person or persons after such prices beset and put in writinge by the said lord Chauncellour lord Treasourer lorde President of the kinges most honorable counsaile lord Priuie seale and the .ii. chiefe iustices or by v.iiii or .iii. of them and proclamation ther if hadde as is afore saide do sell any wines in grosse by any fraude or co● contrary to the said prices so sette and proclaimed wines solde in grosse that thenne euery offendour in that behalfe shall lose and forfayte for euery vesselle by them solde in grosse contrary to the said prices xl.s̄ the one halfe of al which forfaitur● 〈◊〉 be to the kinge our soueraigne lord and the other halfe ther of if it be within any cytie borowghe or towne corporate to be to the mayres shireffes bailiues or other head rulers of such cities boroughes or townes corporate And if it be without citie boroughe or towne corporate then to be to suche of the kinges subiectes as wyll sewe for the same And that euery suche forfaiture shall be recouered by originall writte of det byll plaint or information In whiche suyte no wager of lawe shall be admitted nor any protection or essoyne allowed ¶ And it is also enacted Iustices of peace Head offycers that the Iustices of peace in euery shyre of this present realme and all maires shereues bailyues and other head officers in cyties boroughes and townes corporate that is to saye euery of them wtin the limitties of theyr cōmissions and auctorities as well within frauncheses as without shal haue power and auctoritie to examine here inquire and determine the defautes of such as shal attempte to sell any wines in grose or by retayle contrary to this act and to punyshe the offendours by imprysonment or otherwyse by theyr discretions ¶ And where as in the parlyament holden at westmynster in the fyrst yere of the reigne of kinge Rycharde the thyrde Tonne of wyne amonge other thinges it was establyshed ordeyned and enacted that euery tonne of wine shuld conteine CClii. galons euerye butte of Malmesey shoulde conteyne Cxxvi. galons euery pype Cxxvi. galons euery tercyan or poncheon .lxxxiiii. galons euery hogges head .lxiii. galons euery teerce .xli. galons and euery barrel .xxxi. galons and dī euery rondelette .xviii. galons and dī And that no vessel shulde be putte to sale tille it were gauged vppon peyne of forfayture as by the same statute it doth appere more at large Neuer the lesse great dysceyte is dayely vsed in sellinge of wines and oyles in caskes and vesselles not bearinge the contentes aboue limitted to the great losse