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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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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
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
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