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A22993 Anno primo et secu[n]do Philippi & MariƦ actes made at a Parliament begon and holden at Westminster, the xij day of Noue[m]ber, in the fyrst and second year of the reigne of Our Soueraigne Lorde and Lady, Philippe and Marye by the grace of God, Kinge and Quene of England, Fraunce, Naples, Jerusalem, and Irelande, defendours of the faith, princes of Spayne & Sicile, archdukes of Austria, dukes of Millaine, Burgondie and Brabant, counties of Haspurge, Flaunders, and Tyrol, and there continued and kepte vntyll the dissolution of the same, beinge the xvj daye of January then next ensuing, were enacted as foloweth.; Laws, etc. England and Wales.; Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1555 (1555) STC 9448.3; ESTC S113142 63,051 69

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haue exhibited to youre maiesties one other supplycation in fourme folowing We the lordes spyritual and temporal and the commons in this present parliament assembled representinge the whole bodye of this realme reduced and receiued by your maiesties intercession to the vnitie of Christes churche and the obedience of the Sea apostolike of Rome and the Popes holynes gouerning the same make most humble suite vnto your maiesties to be likewise meanes and intercessors that all occasions of contention hatred grudge suspition and trouble both outwardly and inwardly in mens consciences which might arise amongest vs by reason of disobedience may by auctoritie of the Popes holines and by ministration of the same vnto vs by the most reuerend father in god the lord Cardinal Poole by dispensation toleration or permission respectiuely as the case shal requyre be abolyshed and taken away and by aucthoritie sufficient these articles folowyng and generally all others when anye occasion shall so requyre may be prouided for and confyrmed Fyrst that al byshoprickes cathedrall Churches hospitales colleges scholes and other such foundations nowe continuing made by auctoritye of parlyament or otherwise established accordinge to the order of the lawes of this realme sithence this schisme may be confirmed and continued for euer Item that mariages made infra gradus prohibites consanguinitatis affinitatis cognationis spiritualis or whiche might be made voyd propter impedimentum public●e bonestatis iustitiae or for any other cause prohibited by the canons only may be confirmed and children borne of those mariages declared legittimate so as those mariages were made accordinge to the lawes of the realme for the tyme beinge and be not directelye agaynste the lawes of God nor in such case as the Sea apostolyke hath not vsed to dispence withal That institutions of benefices and other promotions ecclesiasticall and dispensations made according to the forme of the act of parliament may be lykewyse confyrmed That all iudiciall processes made before anye ordinaries of thys realme or before any delegates vpon any apeales according to thorder of the lawes of the realme may be likewise ratified confirmed And finallye where certayne actes and statutes haue bene made in the tyme of the late scisme concernyng the landes and hereditamentes of Archbysshopryckes and Bysshopryckes the suppression dissolution of monasteries Abbeyes pryoryes chauntries colleges al other the goodes and cattels of religious houses Synce that whyche tyme the ryght and dominion of certaine landes and hereditamentes goodes and catteles belongynge to the same be dyspersed abroade come to the handes and possessions of diuerse and sondry persons who by gyfte purchase exchaunge other meanes accordyng to the order of the lawes and statutes of thys Realme for the tyme beynge haue the same For the auoydynge of all scruples that might growe by any thoccasions aforesayd or by any other waies or meanes whatsoeuer It may please youre maiesties to be intercessours and mediatours to the sayd mooste reuerend father Cardynall Pole that all suche causes and quarels as by pretence of that sayde scyme or by any other occation or meane whatsoeuer might be moued by the Popes holynes or Sea Apostolyke or by any other iurisdiction Ecclesiasticall maye be vtterly remoued and taken awaye so as all persons hauing sufficient conueyaunce of the sayd landes and hereditamentes goodes and cattels as is aforesayd by the common lawes actes or Statutes of this realme may without scruple of conscyence enioye them withoute impechmente or trouble by pretence of anye generall counsayle Canons or Ecclessastical lawes cleare from al daungers of the censures of the Churche And comformably herevnto the Bysshoppes and Cleargy of the prouynce of Catorbury haue presented to your maiesties a supplication in this tenour that foloweth Nos Episcopi clerus Cantuariensis prouinciae in hac Synodo more nostro solito dum Regni parliamentū celebratur congregati cum omni debita humilitate reuerentia exponimus Maiestatibus uestris quod licet Ecclesiarum quibus in Episcopos Decanos Archidiaconos rectores uicarios praefecti sumus animarū quae nobis curae nostrae subiectae sunt earundem bonorum iurisdictionum iurium ex sacrorum Canonum dispositione defensores curatores constituti sumus prop teria ipsarum bona iurisdictionis iura in pernicioso huius Regni prae terito scismate deperdita amissa omni studio totis nostris uiribus recuperare ad pristinum Ecclesiarum ius reuocare iuris remedijs niti deberemus Nichilominus tamen habito prius per nos super hac re maturo Consilio et deliberatione ingenue fatemur nos optime cognossere quam haec bonorum Ecclesiasticorum difficilis quasi impossibilis esset recupe ratio propter multiplices ac pene inextricabiles super hijs habitos contrac sitiones quod si ea tentaretur quies et tranquillitas Regni facile pertutbaretur unitas Eeclesiae Catholicae quae iam pietate aucthoritate Maiestatum uestrum hoc in regno introducta est cum maxima difficultate suum debitū progressive sinem sortiri posset Ideo nos bonum quietem publicam priuatis commoditatibus salutem tot animarū praetioso Christi sanguine redemptarum terrenis bonis anteponentes non quae nostra sed quae Iesu Christi sunt quaerentes Maiestates uestras enixe rogamus eiusque humiliter supplicamus ut reuerendissimo in Christo patri domino Reginaldo Cardinali Polo ad ipsas uniuersum hoc Anglie regnum sanctissimi domini nostri Domini Iulij Papae tertij Apostolicae sedis de latere legato haec nomine nostro insinuari apud eum intercedere dignentur ut in hiis bonis Ecclesiastisis in parte uel in to to arbitrio suo iuxta facultates sibi ab eodem sanctissimo domino uostro Papa concessas eorundem bonorum detentoribus elargiendes et relaxandis publicum bonum priuato pacem et tranquillitatem dissidijs per tur bationibus atque animarum salutem bonis terrenis preferre anteponere uelit Nos enim in omnibus quae ab ipso legato statuta et ordinata circa haec bona fuerint exnunc prout extunc et econtra consensum nostrum prestamus imo etiam ut in premissis se difficilem aut restrictum red dere non uelit maiestates uestrae nostro nomine eum hortari rogare dignabuntur In super maiestatibus uestris supplicamus ut pro sua pietate efficere dignentur ut ea quae adiurisdictionem nostram et libertatem Ecclesiasticam pertinent sine quibus debitum nostri pastoralis officij et curae animarum nobis commissae exercere non possumus uobis superiorum temporum iniuria ablata restituantur et ea nobis et Ecclesij perpetuo illesa et salua permaneant et ut omnes leges quae hanc nostram iurisdictionem libertatem Ecclesiasticam tollunt seu quouis modo impediunt abrogentur ad honorum
also to the handes and possession of diuers and sondrye other persones and bodyes polytyke and corporate by sondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes and statutes of this realme And where also diuerse manours landes tenementes and hereditamentes percell of the possessyons of Archbysshoprickes and byshoprykes and manye and sondrye late deaneryes colleges chauntryes rectories Prebendes Free Chappell 's Gnyldes and Fraternytyes manours houses Graunges landes Tenementes rent̄es Seruices and other Ecclesiasticall possessions and heredytamentes goodes and cattels to the said Archbysshopryckes Bysshopryckes deaneries colleges chaunteryes free chappels rectories guyldes and fraternities late appertayning and belongynge or appointing to and for the fyndyng of pryestes obyttes lyghtes or other lyke purpose came as wel to the handes possession of the late noble kyng Edward the sixr brother vnto your maiestie soueraygne Lady by vertue of an acte of parliament thereof made or otherwise as also to the handes and possession of diuerse and sondry other persons and bodies polytyke and corporate by fondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes of this realine a gret nomber of which said late monasteries priories nonneries commaundres deancryes colleges hospytales prebendes chaunteryes free chappeles guyldes and fraternities the mannours graunges mesuages landes tenementes rentes reuertions seruices tythes pentions portions vica reges churches chappels aduousons nominations patronages an nuities and hereditaments goodes and cattels to the said monaste tyes pryories nonneries commaundries deaneries colleges hospitalles chauntries fre chappels guyldes fraternities and other ecclesiasticall houses Archbysshoprickes and Byshoprickes belonging as well for great sommes of moneye as for other good and reasonable causes and considerations haue beue conueyed and assured to diuerse the subiectes and bodyes politike of this realme aswell by the sayd kyng Henry theight the said kynge Edwarde the sixte and by your highnes our soueraygne Lady and ioyntly by both youre maiesties as also by dyuerse the owners of the said ecclesiasticall possessions which sayd conueyaunces and assuraunces by their sondrye letters patentes and other wrytinges more plainely do and maye appeare Forasmuch as the sayd most reuerend father hath also by the said dispensations remoued and taken away al matter of empeachment trouble and daunger which by occasion of any generall counsayle canon or degree ecclesiasticall myghte touche and disquite the possessions of such goodes moueable landes tenementes possessions and hereditamentes as were of late belongynge to anye of the sayde Archbysshopryckes Byshoprikes monasteryes pryoryes nonneries commaundries deaneryes colleges chauntryes prebendes rectories hospitales houses of fryers or other religious and ecclesiasticall houses and places of what nature name kind or qualitie soeuer thei be of Yet for that the title of al landes possessions and hereditamentes in this your maiesties realme and dominions is grounded in the lawes statutes and customes of the same and by your high iurysoiction aucthoritie royall and crowne imperial and in your courtes onlye to be impleaded ordered tryed and iudged and none otherwise and vnderstandyng that the whole full and most gratious intentes mynd and determination of your most excellent maiesties be that al and euery person and persons bodyes polytyke and corporate their heyres successours and assignes and euerye of them shall haue kepe retayne and enioye al and euerye their estates ryghtes possessions and interestes that they and euerye of them nowe hath or hereafter shall haue of and in al and euery the mannours graunges mesuages landes tenementes tythes pencions portions aduousons nominations patronages annuities rentes reuersions scruices hundredes wapentakes liberties fraunchises and other the possessyons and he reditamentes of the sayd monasteries abbeyes proryes nonneries commaundries deaneries colleges prebendes hospitales houses of fryers chauntryes rectoryes vycareges churches chappelles arch bysshopryckes and Bysshoprikes other religious or ecclesiasticall houses and places or of any of them within this realme or the domynions of the same by suche lawes and statutes as were in force before the fyrst daye of this present Parlyament and by other lawefull conueyaunce to them thereof made That it may be therfore enacted by thaucthoritie of this presente parliament that aswell your maiestie soueraigne Ladye your heyres and successours as also all and euery other person persones bodies polytyke and corporate their heires successours assygnes nowe hauynge or that hereafter shall haue holde or enioye anye of the seytes of the sayd late monasteries and other the religious or ecclesiastycall houses or places and al the said manours graunges mesuages lands tenementes tithes pentions portions glebelandes aduousonnes nominations patronages annuities rentes reuersyons seruyces hundredes wapentakes liberties fraunchises profytes cōmodities and other the possessions and hereditamētes of the saide late monasteries abbeyes pryories nonueries commaundries deaneries colleges prebēdes hospitals houses of friers rectories vicareges chaūteris churches chappels archbishoprikes bisshoprikes and other religious ecclesiasticall houses and places or of anye of thē of what name nature or kynde soeuer they be shall haue holde possede retaine kepe enioye all and euery the sayde scites mannours graunges mesuages landes tenemenees possessyons profyttes commodities other hereditamentes accordynge to suche interestes and estates as they and euery of them nowe haue or holde or hereafter shal haue or holde of and in the same by the dewe ordre and course of the lawes and statutes of thys realme whiche nowe be or were standinge in force before the fyrst day of this present Parliament in maner and fourme as they shoulde haue done yf this acte had neuer bene had ne made Thys acte or any thinge herein contayned to the contrarye in anye wyse notwithstandyng Sauyng to you our sayd soueraigne Lady your heyres and successours and euerye of them and to all and euerye other perion persons subiectes of this realme and bodyes politike and corporate and to theyr heyres and successours and to the heires and successours of al and euery of them other then such whose ryghte tytle or intereste is bounden or taken awaye vndone or extinct by anye acte of Parliament heretofore made or otherwyse al such right title clayme possession interestes rentes annuities commodities commons offyces fees leases liueries lyuynges pentions portions dettes dutyes and other proffytes which they or any of them lawfully haue or of ryghte ought to haue or myghte to haue had in of or to anye of the premysses or in of or to any parte or percell thereof in such like maner fourme and condition to all intentes respectes constructions and purposes as yf this acte had neuer bene had ne made And that it may be further enacted by aucthoritie aforesaide that al and euery article clause sentence and prouiso conteined or specyfyed in any acte or actes of Parliament concerning or touchyng the assuraunce or conueiaunce of any the said monasteries priories nonneryes cōmaundris deaneries prebendes colleges chauntryes hospitals houses of fryers rectories vicarages Churches Chappeles Archbyshoprickes and Byshoprickes and other religyous
the kyng then beinge shoulde and mighte be alleged pleeded and allowed as yf the same had not bene soo abolisbed or extinguyshed Forasmuche as the sayd acte is here before amongest other repealed and made voyde Be it therefore euacted by aucthoritie of this present parlyamente that all Bulles dispensations and pryuyleges obteyned before thee sayde .xx. yeare or at any tyme sythence or whyche shall hereafter be optemed of the Sea of Rome not conteininge matter contrarye or pretudicial to the aucthoritie dygnytye or prehemynence Royall or imperyall of the realme or to the lawes of this realme nowe beyng in force and not in this parliament repealed maye be put in executyon vsed and alleged in anye courte within thys Realme or ells where whether the same remayne yet hole or can appeare to haue bene can celled in this vayleable and effectuall maner to all intentes purposes as yf the sayd Acte had neuer bene had or made Anye obiectyon by pretence of extinguyshment or cancellyng of the sayd Bulles dyspensations or priuileges or of any other matter or cause by the pretence of the lawes of thys realme whatsoeuer in anye wyse notwythstandyng And wher as by dissolution of monasteries and other religious houses certayne paryshe churches and chappeles which wer before exempte from the iurisdiction of the Archbyshope and byshop of the diocesse and by speciall exemption and priuelege from Rome were vnder the gouernement and order of the Abbotes and Prioures of those religious houses whych sayde churches by colour of the sayd exemptions be nowe of speciall graunt from Kyng Henry kynge Edwarde vnder the rule and gouernement and iurisdiction of tēporall and laye men who can no more enioye that suprmacye ouer those particuler churches then the king might ouer the hole realme Be it therefore enacted that all Archbyshoppes byshopes in their dioces and all other spirituall person and persones hauynge iurisdiction and their ministeres and officers and no laye person or persones in euery Churche and place within the precincte of the same beyng rempte or not exempte maye freely and without impedimēt execute their spirituall iurisdictiō in al pointes articles as though no such exemption or graunt had neuer bene made Prouided alwaye and be it enacted that this act extend not to take awaye or oiminyshe the preuileges of the vniuersitie of Cambrydge and Oxforde ne the priuileges or prerogatiues graunted heretofore to the churches of Westminster and Wyndesore ne the Tower of London ne preiudiciall to suche temporall Lordes and possessioners in this realme as by auncient custōe haue emoyed probate of Testamentes of their tenauntes or other And forasmuch as after this reconsiliation and vnitie of this noble realme to the body of Christes church it is to be trusted that by the aboundaunce of goddes marcy and grace deuotion shal encrese and growe in the hartes of many the Subieces of this realme with desire to gyue bestow their worldly possessions for the resuscitatyng of almose prayer example of good life in this realme to thintent such godly motions and purposes should be aduaunced Be it therefore enacted by aucthoritye of this present parlyamēt that it shal be lawefull to suche as shal be sessed of any mauours lāds tene mentes personages tithes pencions portions or other hereditamētes whatsoeuer in fee symple in posession reuertiō or remaynder in their owne ryghtes not veyng coppy holde may therof make feoffamentes grauntes or any other assuraunces or by his last wyll and Testament in wryting may be queath and geue in fe symple al and euery the sayd manours lādes tenementes personages tithes pentions portions or other hereditamentes to any spyrituall body polytike or corporate in this realme or dominions of the same nowe erected or founded or hereafter to be erected or founded withoute any lycence of mortmayne there in to be optayned or any wrytte of ad quod dampnum to be sued out for the same the actes de terri ad manion mortuam non ponendis or any other acte or statute heretofore had or made in in any wyse notwithstandyng Sauyng to the Lordes of the fee all rentes seruices dew or goyng out of any of the sayde land or renements or hereditaments so to be amortized as is aforesayd Prouided alway that this clause of this acte for geuing the liber tye of or for the amortezyng of landes or tenementes shall cotynue for and duryng the space of .xx. yeares nexte and immediatelye folowyng and no lenger And forasmuch as we your maiesties humble and obedient subiectes the lordes spirituall and temporall and commons in this present Parlyament assembled nether by the makyng or deliuering of either the supplycations aforesayde nor by any clause artycle or sentence thereof or of any other clause article or sentence of this or any other Statute or any of the preambles of the same made or agreed vpon in this session of this present parliamēt by any maner of inter pretation cōstruction implication or other wyse intende to derogate empaire or diminish any of the prerogatiues liberties fraunchisies preheminences or iurisdictyons of your Croune Imperyall of thys realme and other the dominions to the same belonging we do most humbly besech your maiestyes that it maye be declared and ordeyned and be it enacted and declared by aucthoritie of this presēt parliament that neither the makyng exhibityng or insertynge in thys present statute or in the preambles of the same of the supplicatyons or promys aforesayd or either of them nor any other thyng or thynges wordes sentences clauses or articles in the preambles or body of the artes aforesayde shal be construed vnderstanded or expoūded to derogat diminishe or take away any the liberties priuileges prerogatiues preheminences authorities or iurisdictyons or any parte or pertel therof which were in your imperial croune of this realme or dyd belong to your sayde imperial croune the twenty yere of the reigne of yours the Quenes maiesties moste noble father or anye other your most noble progenitours before the sayd twentye yere the popes holynes and Sea Apostolyke to be restored and to haue and enioye such aucthoritie prehemynence and inrisdictyon as hys holines vsed and exercised or myght lawfully haue vsed and excercised by aucthoritie of hys supremacie the sayd twētie yeare of the regine of the kinge your father within this youre realme of Engnde other your Dominions without diminution or enlargemēt of the same and none other And the Eclesiasticall iurisdiction of the Archebishoppes Bishoppes and ordinaties to be in the same state for processe of suites punishmēt of crimes and execution of censures of the churche wyth knowledge of causes belongyng to the same as large in these poyntes as the sayde iurisdiction was the saide .xx. eyare Prouyded alwayes and be it enacted by thauethoritie aforesayd that in and vpon euery such gyftes and deuyses to be made to suche spirituall corporations or persones as is aforesaid the donor feoffer or diuisor thereof may reserue to him and
vsed in the case of attainder of feloni except the landes tenementes which be holden of the ordinaries or their cōmissaries before whom any such persons impeched of heresie be cōuict which landes tenementes intierly shall remaine to the king as forfayt And moreouer that al the goods cattels of these persons so cōuicted be forfeit to our soueraygne lorde the kinge so that no person conuict of heresy left to the seculer power after the lawes of holy church shal forfeyt his lands before that he be dead And if any such person so cōuict be enfeffed be it by fine by dede or without dede in landes or tenementes rentes or seruices in fee or otherwise or hath any other possessiōs or catels by gift or graūt of any persō or persons to anothers vse thē to thuse of such cōuictes that the same landes nor tenements rentes nor seruices nor suche other possessions nor catels shal be forfeit to our soueraign lorde the king in no wise And moreouer that the iustices of the kings bench iustices of peace iustices of assise haue ful power to enquire of al thē which hold any errors or heresies as lolardes whiche be theyr mainteyners receiuers fauorers susteners cōmen writers of such bokes as wel of the sermons as of their scoles conuenticles congregatiōs confederaties And that this clause be put in comissions of the iustices of the peace And if any persons be indicted of any pointes aforesaid the sayd iustices shal haue power to award against thē a capias the shiref shal be bound to arrest the person or persons so endicted as sone as he may them find by him or by his officers And forasmuch as the cognisance of heresy errors lolardries belongeth to the iudges of holy church not to the seculer Iudges suche persons iudicted shal be delyuered to the ordinaries of the places or to their commissaryes by indentures betwixt them to be made within .x. dayes after theyr arrest orsoner yf it may be therof to be acquit or conuict by the lawes of holy church in case that these persons be not indicted of another thynge whereof the cognysaunce belongeth to the seculer iudges and offycers in whiche case after that that they be acquyte or delyuered before the seculer Iudges of suche thinges to the seculer Iudges helongyng they shal be sent in safegarde to the sayde ordynaryes or their commissaryes and to them delyuered by indentures as before to be acquite or conuyct of suche lollardryes errours or heresies as is aforesayde after the lawes of holy churche and that within the terme aforesayde Prouided alwayes that the sayd endictementes be not taken in euidence but for information before the spyrytuall Iudges agaynste suche persones so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictmeut were hauing no regarde to suche endictmentes And yf anye be endicted of heresye erroure or lolardrye and taken by the Sheriffe or other officer he shal be let to maynpryce wythin the sayde tenne dayes by good suertye for whom the sayde shyreffes or other officers wil aunswere so that the sayde person or personnes whiche were so endicted be readye to be deliuered to the sayde ordynaries or to theyr commissaries before the ende of the sayde tenne dayes yf he may by anye meanes for sicknes And euerye ordynarye shal haue sufficient commissaries or commissary dwellyng in euerye countie in a place notable so that if any such person so endicted be taken that the sayde commissaries or commissarie may be warned in the notable place where he dwelleth by the shyreffe or some of hys officers to come to the kynges iayle in the same countie there to receyue the same person so endicted by indentures as before And that in the inqueste in this case to he taken the shyreffes and other offycers to whom it belongeth shall do to be empanelled good and sufficient persons not suspected nor procured that is to say that euerye of them which shal be so empanelled in suche inquest haue within the realme of England C.s. of landes tenementes or of rente by yeare vpon payne to lose to the kynges vse x.li and they which shal be empanelled in such inquestes in Males euery of them shal haue to the value of xl.s by yeare And yf anye suche person be arreste be it by the ordinary or by the kynges officers or ministers and escape or break the prison before that he be acquit before the ordinarye the goodes tattelles which he hadde the daye of suche arreste shal be forfeyte to the kynge and his landes and tenementes whiche he had the same daye seased also into the kynges handes the kyng shall haue the profytes therof from the sayd daye vntyll he be yelded to the pryson frō whiche he escaped And that the foresaid Iustices haue ful power to enquyre of al such escapes breakyng of pryson and also of landes and tenementes goodes and cattels of such persons so endicted Prouided also that yf any such person endicted do not retorne to the sayd prison and dieth not conuicte it shal be lawfull to his heyres to enter into the landes and tenementes of their auncestre without anye other pursuyt makynge to the kyng for thys cause and then al they which haue libertyes and fraunchises royall in England as in the countye of Chester the countye and liberty of Durham other lyke and also al the Lordes which haue iurisdiction and frauchisies royal in Wales where the kynges wryttes do not run haue power to execute and put in due executiō these articles in al poyntes by thē or by theyr officers in like mauer as the Iustices and other the kynges officers before declared shoulde doe ☞ An act that persons dwellinge in the countrey shal not sel diuers wares in eities or townes corporate by retayle ☞ The .vii. Chapter WHere before thys tyme the aunnent tities horughes to wnes corporat and maiket to wnes within thys realme of Englād haue bene very populous chiefly inhabited with march auntes artificers handye craftes men during which time the childrē in the sayd cities borowes townes corporat market townes were ciuilly brought vp and instructed and also in the said cities borowes and townes corporate kepte in good order and obeysaunce and the whabiters of the same wel set on worke and kept from ydlenes By reason wherof the sayde cytyes borowes and townes corporate dyd then prosper in riches and great wealth were as then not only able to serue and furnysh the kynges and quenes maiesties and othere their noble progenytours kynges of thys realme aswell with great numbers of good able persons and wel furnyshed meete for the warres as also then charged and yet chargeable with greate fee farmes quindemes taxes and diuers other paymentes to the kyng and Quenes maiesties whiche at this present they be not able to paye beare but to their vtter vndoinge beynge fewe