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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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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●
of the same incumbentes may make and declare theyr testamentes of all the profites of the corne growynge vpon the same glebe landes so manured and sowen Any thynge conteyned in this presente acte in 〈◊〉 wise notwithstandinge ¶ And where also before this tyme diuers and manye personnes vicars and other spirituall personnes beynge seased for terme of their lyues of and in the saide spirituall promotions afore named Leases as well for greate sommes of money to them before hande paide as for other causes and considerations haue let in ferme for terme of yeres by sufficient writinges their saide personages vycarages and other spirituall promotions or part therof vnto dyuers and many of the kynges subiectes and after such leases by them so made the leassours therof haue often tymes vsed to resigne their saide benefices or spirituall promotyons so demysed and letten in ferme Personage or vycarage let to ferme by reason of whiche resignation and other the actes of the said leassours the saide benefices and other spirituall promotions haue ben voide and the title and interestes of the said leasses hath bene therby adnychylate and of none effecte in the lawe contrary to ryght and good conscience For reformation wherof and for a quietnesse the better hereafter to be had and contynued betwene the kinges subiectes Be it enacted by auctoritie of this presente parliament that from the foresaide firste daye of Maye laste passe no maner of suche lease by sufficient wrytinge heretofore made nor hereafter to be made by any spiritual personne within this realme of Englande Wales or the marches of the same to any lay personne of any personage vycarage or other spirituall promotion aforesaide within this realme vpon which leasse the rent and seruices reserued with other the yerly char●ges of the leasse as in seruynge the cure and otherwyse shall amount within fortye shillinges by the yere of as moche as the saide personage vycarage or other spirituall promotion aforesaide so letten is rated and valewed at vpon the kynges bokes for payinge the firste fruites shall be adiuged voyde adnichilate or determyned by reason of any suche resignation or other auoydance of the sayd benefice or spirituall promotion so letten by the onely acte of the saide leassour but that euery such leassee or grauntee of any such benefices or spirituall promotions aforesayde their executours or assignes shall haue and may enioye their termes and interestes of and in the same for the terme of syxe yeres to be accompted next and immediately after the saide auoydance yf the saide leassour doo so long lyue and the lease so by him before made do so longe contynue and indure And that after such auoydaunce the successour or successours of euery suche leassour shall and may distreyne for the rent and seruices so reserued and haue their actions of dette and all other aduantages by way of action entre or otherwyse agaynst the saide lessee his executours or assignes for recouerye of the saide rent and couenauntes vppon the said lease reserued as the lessour therof myghte haue had if no suche auoydance had ben had ¶ And further be it enacted by the auctoritie afore saide that if hereafter it happen any such lessour to deceasse and dye before the ende of the terme by hym so made and that there be one yere at leaste to come of the sayde terme that then it shall be lawefull to the lessee therof his executours or assignes to holde and enioy their said leasse to th end of the same yere wherin he is so entered at the time of his saide lessours death if his saide lease do so longe continewe bearinge and payenge vnto the successoure of euery suche lessour all such rent and seruices as for the remenaunce of the sayde yere shall vpon euery suche lease be dewe for the recouerie wherof the saide successour shall and maye haue all suche waies and aduauntages as before is limitted and gyuen to the successoure where his predecessour maketh suche lease and resygneth Mansyon ●ouse of personage or vyrage ¶ Prouided alway that euery successour after the deth of his predecessour maye and shall haue vpon one monethes warnynge after the time of his induction the mancyon house of euery such personage vicarage or other spirituall promotion aforesaide with the glebe belonginge to the same not beinge sowen at the time of his said predecessours death for mayntenaunce of his householde deductinge therfore in his rent as heretofore hath bene borne for the same or as it is reasonably worth any thinge in this said act conteyned to the contrary not withstandinge Fruites of vacation ¶ Prouided alway that yf the fruites of the vacation of the saide spirituall promotions be not sufficient to pay the curates stypende and wages for seruyng the cure the vacation time Curate that then the same to be borne and paid by the nexte incumbent within .xiiii. dayes nexte after that he hath the possession of any of the saide promotions spirituall ¶ An acte declarynge the lymittes of the kynges palayce of westmynster Cap. xii FOR AS MOCHE AS THE KYNGES palayce at Westmynster buylded and edyfyed there Kynges parlee sa●ce at westm̄ before the tyme of mynde by and nygh vnto the monasterie and abbey of saynt Peter of Westmynster in the countie of Myddelsex is and of longe tyme hath ben in vtter ruyne and decaye And that our moste drad souerayne lorde kynge HENRY the eight kynge of Englande and of Fraunce defendour of the Faythe lorde of Irelande and Supreme head in erthe of the Churche of Englande hath lately opteyned and pourchased one great mansion place and house sometime parcel of the possessions and inheritance of the Archebishopriche of yorke sytuate and beinge in the towne of westmynster in the same countie not moch distaunte from the same auncyent Palayce And the kinges highnes as we of late vppon the soyle of the said mansion place and house and vppon the grounde therevnto adioyninge moste sumptuousely and curiousely hath builded and edified many and distincte beautyfulle costely and plesaunte lodgynges buyldynges and mansyons for his gracys syngular pleasure comforte and commodytie to the greatte honour of his hyghnes and of his realme and thereunto adioyninge hath made a Parke walled and enuyronned with brycke and stone and therin hath deuysed and ordeydeyned many and syngular commodious thinges pleasures and other necessaries most apte and conuenient to appertaine only to so noble a prince for his singular comforte pastime and solace Be it therfore enacted by the auctoritie of this present parliament that all the saide soyle grounde mansion and buyldinges and the sayde parke with all other thynges commodyties and plasures thervpon made buylded and deuysed as is aforesaid and also the soyle of the said auncient palaice shal be from hensforth the kinges hole palaice at Westminster and so to be taken demed reputed called named the kinges palaice at westminster for euer And that the same palaice shall from
or persons craftely ymagine inuente or attempt by colour of any pretence to depriue the kinges highnes the quene or the heires of their bodies begotten or any other the heires of the kinges body laufully begotten or any person or persons to whom the kinges highnes shall dispose giue and limit the crowne of this realme by auctoritie of this acte of any of their titles stiles names degrees or royal estates or regall power Or if any person or persons at any time hereafter being required or cōmaunded by the kinges highnes or by such person or persons as shal be auctorised by his grace or his laufull heires to make or take an othe to answere to such questions and interrogatories as shal be obiected to them vpon any clause article sentence or worde conteined in this acte do contemptuously or vtterly refuse to make or take such oth or without frustratorie delay do not make or take the same oth or after the making or taking such othe do contemptuously refuse directly to answere to such questions and interrogatories as shall be obiected concerninge the same or any part therof that then euery such person and persones of what astate degree or condition so euer he or they be and their aydours counsayllours maynteynours and abettours and euery of them for euery such offence afore declared Treason shal be adiudged highe traytours And that euery such offence afore especified shal be adiudged high treason and the offendours therin and their aidours counsailours mainteinours and abettours and euery of them beinge laufully conuict of any such offence by presentment verdite confession or processe according to the custom lawes of this realme shal suffre peynes of deathe as in cases of high treason And that also euery such offendour being conuicte as is aforesaid shal lose and forfaite to your highnes and to your heires or successours kynges or regal rulers of this realme all such manours landes tenementes rentes annuities and hereditamentes which they had in possession as owners or were sole seased of by or in any right title or meanes or any other persō or persōs had to their vse of any estate of enheritance at the day of such treasons offences by them committed and done And shal also lose forfaite to your highnes and your said heires as well all maner suche estates of freeholde and interest for yeres of landes and rentes as all other goodes cattalles dettes which they had at the time of their conuiction or atteinder of any such offence Sauynge alway to euery such person and persons and bodies politike to their heires assignes and successours and to the heires and successours of euery of them other then such persons as shall be so conuicte or atteinted and their heires and successours and all other clayminge to their vses all suche righte title vse interest possession condition rentes fees offices annuities and commens which they or any of them shall haue in or vpon any such manours landes tenementes rentes annuities or hereditamentes that shall so happen to be lost and forfaite by reason of any conuiction or atteynder for any the treasons offences aboue rehersed at any time before the said treasons and offences committed ¶ Be it also enacted by auctoritie aforsaid that no person or persōs offending in any the treasons conteined and limitted by this act or in any other treasons shal in any wise haue and inioy the priuilege or immunitie of any maner sainctuarie within this realme or els where within any the kinges dominiōs but shal vtterly lose and be excluded of the same any vse grant Sainctuary custome prescription confirmation or any other thinge or thinges to the contrary hereof in any wise not withstandinge ¶ And be it also enacted by auctoritie aforesaid that if your maiestie shall happen to deceasse before any such your issue and heire male of your body which shuld inherite the crowne of this realme shal be of his age of .xviii. yeres or before that suche your issue and heire female whiche shulde inherite the crowne of this realme shal be maried or be of the age of .xvi. yeres whiche almyghty god defend that than the said issue and heire male to the crowne so beinge within the age of .xviii. yeres or your said issue and heire female to the crowne so beinge vnmaried or within the said age of .xvi. yeres shall be and remayne vntyll suche time as such issues and heyres shall come to their said seuerall ages afore limitted at and in the gouernance of their naturall mother and of suche other your counsaylours and nobles of your realme as your highnes shall limitte and appoynt by your laste wyll made in writynge sygned with your mooste gracyous hande yf it shall be thought by your highnes moste conuenyent soo to be or elles the sayd yssues and heyres shall be at and in the gouernaunce of suche of your counsaylours and nobles of youre realme as your maiestie shall name and appoynt by your last wyll made in writynge and signed with your most gracyous hande as is aforesaide And if any person or persons by wrytynge Treason printing or exterior dede or act directly or indirectly procure or do or cause to be procured or done any thinge or thinges to the lette or distourbance of the same that than euery such offence shall be high treason and the offendours beinge therof conuicted shall suffre such peynes of deathe and losse of inheritaunce priuileges of sainctuaries freeholdes interestes for yeres goodes cattalles and dettes in such maner and fourme as is aboue specified in cases of treason afore mencioned ¶ AND for the more sure establishment of the successiō of your most roiall maiestie accordinge to the tenour and fourme of this acte Be it further enacted by auctorytie aforesayde that as welle all the nobles of your realme spirituall and temporall as all other your subiectes nowe liuing and beinge or that hereafter shall be at their full ages by the commaundement of your maiestie or of your heires or successours Othe at al times hereafter from time to time whā it shal please your highnes or your heires or successours to apoynt shal make a corporal othe in the presence of your highnes or your heires or successours or before such other as your maiestie or your heires or successours will assigne for the same for the kepinge obseruing defending auowynge and maynteynynge of this acte and of all thinges that shall be done by your hyghnes by auctoritie therof accordinge to the tenour of an othe hereafter ensuinge That is to say Ye shal swere to beare faith truthe and obedience all onely to the kinges maiestie supreme heed in erthe vnder god of the churche of Englande durynge his lyfe and to his heires of his body of his most diere and entierly beloued lauful wife quene Iane begoten and to be begoten and procreated And further to the heires of our said soueraigne lorde according to the limittation in the statute made for