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B01271 Anno quarto et quinto, Philippi & MariƦ. Actes made at a Parliament begon and holden at Westminster, the .xx daye of January, in the fourth and fift yeare of the reigne of oure soueraigne Lorde and Lady, Philippe and Marye by the grace of God, kinge and Quene of England, Spayne, Fraunce, both the Sicilles, Jerusalem, and Jrelande, defendours of the faith, archidukes of Austria, dukes of Burgondie, Millaine and Brabant, counties of Haspurge, Flaunders, and Tyrol, and there continued and kepte vntyll the vij. day of Marche, then next folowinge, and enacted as foloweth..; Laws, etc. England and Wales.; Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1558 (1558) STC 9457; ESTC S832 78,057 91

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be ioyned with them dwellinge oute of the sayd cities boroughes and townes corporate as he or they shall thinke mete to take viewe of armour in euerye of the same cities boroughes and townes corporate accordinge to this presente acte and also to assigne what harnes and armoure shall be prouided and kepte by the inhabitauntes of euery suche citie boroughe and towne corporate as is aforesayde accordinge to this present acte AN ACT for the takinge of musters The .iij. chapter WHERE heretofore commaundement hath ben geuen by the kinge and Quenes maiesties and other the progenitours of the Quenes maiestie kynges of this realme to diuers and sondry personnes to muster their maiesties people and subiects of this theyr realme of England and to leuye a number of them for the seruice of theyr maiesties and of this realme in theyr warres suche as were most hable and likeliest to serue well in the same whiche seruice hath ben greatly hyndered as well for that a greate number hath absented them from the sayde musters whiche ought to haue come to the same as also for that manye of the moost hable and likelye men for that seruice haue bene through frendshippe or rewardes released forborne and discharged of the sayd seruice some other not being able or mete taken appointed and chosen thervnto and yet the same disabilitie and vnaptnes notwithstanding the same vnable vnmete persons vpon summes of mony or other kind of rewardes or exactions by thē payd to some suche as had the order of the saide musters haue ben also released and discharged of the sayd seruice to the great impoueryshmente of the subiectes and cheyfely to the great peryl and daunger of this noble realme in the hinderaunce of the true and necessary seruyce thereof FOR remedy wherof be it enacted by the king and quene our soueraygne lord and lady with thassent of the lordes Spirituall and temporall and the commons in this present parliament assembled and by thaucthoritie of the same that yf anye person or persones that shal be commaunded at any time hereafter generally or speciallye to muster afore any such as shall haue aucthoritie or commaundement for the same by or from the kyng and quenes Maiesties or by theires or successors of the quenes maiestie or by any lieutenaunte wardeyne or other person or personnes aucthorysed for the same do willyngly absente hym or them selfes from the same musters hauyng no true and reasonable excuse of syckenes or other laweful impediment or at their apparaunce at such musters do not bryng with them such their best furnyture of arraye and armoure as he or they shal then haue for hys or their owne person in a redynes shall for euery such defaulte and offence haue and suffer imprisonment by the space of ten dayes without bayle or mainepryce by the commaundemente of suche as shall haue aucthoritie as is aforesayd to take the same musters onlesse he or they soo offendyng as is aforesayd doo agree to or with the said commissioners or two of thē to paye to thuse of the kyng and quene our soueraygne lord and ladye or of the heires and successoures of the same oure soueraygne ladye for euery such offence fourty shyllynges for a fyne whiche sayde fyne after agrement for the payment of the same as is aforesayd shal be certified and estreated into the court of the escheker at Westmynster by such as shall haue power to take the sayd musters as is aforesayd or by two of thē vnder their seales or the seales of two of thē within the space of two monethes next after such agrement to pay the sayde fyne had or made and the same fyne so estreated to be leuyed in such fourme as fynes assessed by the Iustyces of assise or of Gaole deliuerye in their circuites are vsed to be leuyed AND BE IT FVRTHER enacted by the aucthoritie aforesayd that if any person or personnes which at any time or tymes hereafter shall be commaunded or appoynted by the kyng and Quene our Soueraygne Lord and lady or by the heires and successours of the same our Soueraygne Lady by their commission letters or otherwyse authorysed to leuye muster or make any men to serue in their warres or otherwyse for the defence of thys realme do by any meane exact leuy receaue or take or cause to be taken any sūme or sūmes of mony or other rewarde or thing whatsoeuer of any person or persons for seruice in the warrs or that shal be appointed named or mustred to serue in ani such setuice or for the sparyng releasyng or dischargyng of such person or persones from the sayde seruice that then euery such person that so shall offende in exactyng receauyng or takyng by any waies or meanes anye sūme or summes of monye or other reward or thyng whatsoeuer as is afore said shal for euery such offence forfeite .x. times so much as he shal so receyue exacte or take AND be it further enacted by thauctoritie aforesayd that yf any capytayne pety capitayne or other hauynge charge of men for seruyce in warre shal for any aduauntage lucre or gayne by hym to be taken or receyued dyscharge or lycence any of the souldyours or men appointed to serue in the warres vnder his rule or order to depart from the same seruyce or shall not paye vnto his souldioures and to euerye of them their full and whole wages conducte and coate monye within tenne dayes next after that such capitayne pety capitayne or other hauynge charge of men as is aforesayd shall haue receyued the same that then the party so offendyng in geuyng any suche lycence or dyscharge as is aforesayde shal lose forfeyt for euery such offence ten tymes the value of the thing so taken or receyued and shal also paye to euery souldiour from whom he shall so withhold any the sayd wages conduct or coate mony treble the summe so withholden the one moytie of al which forfeytures other then such as before by this act is lymitted or geuen to the sould your or souldyors as is aforesayd for their wages coate or conducte mony withdrawen shal be to the king and the quenes maiesties and theirs and successoures of the quenes maiestye and thother moitie there of to hym or them that wyll sue for the same by action of debte byll playnt information or otherwyse in any court of record in which action or sute no essoygne protection or wager of law shal be allowed AND be it further enacted by the aucthoritie aforesayd that all Iustices of assises in their circuites and al Iustyces of peace within the lymittes of their commission in their assises and sessyons and Stewardes of leetes lawedayes and libertyes at their leetes and lawdaies shal and maye from tyme to tyme enquire here and determyne euerye of the sayd offences commytted or done contrary to thys acte wythin the precynctes of their commyssion leete or lybertye and yf any person or persons shal be before the sayde Iustyces of assise Iustices of peace or any of them presented or indicted of any thoffēces aforesaid that thē the said iustices of
that yf anye such person or persones after the sayd day shall so take away or cause to be taken awaye as is aforesayde and deflower anye suche mayde or woman chylde as is aforesayde or shall agaynste the wyll or vnknowinge of or to the father of any suche mayde or woman chylde yf the father be in life or agaynste the wyll or vnknowinge of or the mother of any suche mayde or woman childe hauinge the custodye and gouernaunce of suche chylde yf the father be deade by secrete letters messages or otherwise contracte matrimony with any such mayden or woman chylde except suche contractes of matrimonie as shall be made by the consente of suche person or personnes as by the title of wardshippe shall then haue or be intituled to haue the mariage of suche mayde or woman chylde that then euerye suche person or persons so offendyng beynge thereof lawfully conuicted as is aforesaid shal suffer imprisonmente of his or theyr bodies by the space of fyue yeares without bayle or mayneprice or elles shall paye suche fyne for his or theyr sayd offence as shal be assessed by the sayd counsel in the said starre Chambre The one moytye of all whiche fynes shall be to the kynge and Quenes maiesties her heyres and Successoures the other moytye to the parties greued And be it further enacted by the sayde aucthoritie that the kynge and Quenes highnes honourable Councell of the Starre Chamber by byll of complaynte or information and Iustices of assise by inquisition or indictemente shall haue aucthoritie by vertue of this acte to heare and determine the sayde offences vpon euerye whiche indictementes and inquisitions suche processe shal be awarded and lye as vpon an indictement of trespace at the comon lawe And further be it enacted by the aucthoritie aforesayde that if any woman chylde or mayden beynge aboue the age of twelue yeares and vnder the age of sixtene yeares do at any time consent or agree to such personne that so shall make any contracte of matrimonye contrarye to the forme and effecte of this estatute that then the next of the kynne of the same woman chyld or mayde to whom thinheritaunce should discende retorne or come after the decease of the same woman chylde and mayde shall from the tyme of such assent and agrement haue holde enioye al such lādes tenemēts and hereditaments as the same womā chylde and mayden hadde in possession reuertion or remaynder at the tyme of such assent and agrement durynge the lyfe of such person that shall so contracte matrimony And after the decease of suche person soo contractynge matrimony that then the sayd landes tenementes and heredytamentes shall discend reuert remayne and come to such persō or persons as they shoulde haue done in case thys acte had neuer byn hadne made other then to him onely that so shal contracte matrimony PROVIDED alwayes and be it enacted that this act nor any thing therin conteyned shall extende to take awaye or diminyshe any lybertye custome or aucthoritie touchynge or concernyng anye Orphāt or Orphantes whych nowe be or hereafter shal be within the Citye of London or any other citie boroughe or towne where Orphantes are commonlye vsed to be prouyded for either by graunte or by custome but that the lorde Maire of the said citie of London and the aldermen of the same for the time being and al and euery other heade offycer or officers of anye other citie borough or towne wher such Orphantes be prouyded for shall and maye haue and take like rule order kepynge and charge of such orphant and orphantes and of all their landes tenementes goodes and cattels as heretofore they or any of them lawfullye had or vsed or lawfully might haue had and vsed yf this act had not bene made AN ACTE for the continuation of certayne Statutes The .ix. Chapter WHERE IN THE PARLIAMENT BEgon and holden at London the thyrd day of Nouēber in the .xxi. yere of the reigne of our most drede Soueraygne lord of most famous memory kyng Henrye the eight and from thence adiourned to Westminster and there holden continued by diuers prorogations vnto the dissolution therof one acte was made and established for the restraint of caryage conueying of horses and mares out of this realme And also one other act was ther made for the true winding of wolles And one other act was there made to restraine kylling of wainlinges bullockes Stiers heyfers being vnder the age of two yeres which said seueral actes were thē made to endure continue vnto the nexte parliamente as by the saide seuerall actes more playnelye appeareth And where also in the same Parliamente one other acte was made and establyshed for attayntes to be sued for the punishment of periurye vpon vntrue verdictes which acte last before rehearsed was then made and ordeyned to continue and endure to the laste day of the next parliamente as by the same acte more playnely at large is shewed and maye appeare AND where also in the parlyament begonne and holden at Westmynster the eyghte daye of Iune in the eyght and twēty yeare of the reygne of oure sayde most dreade Soueraygne Lorde kynge Henrye the eight and there continued and kept vntyll the dissolution thereof It was ordeyned and enacted that all and synguler the sayde actes aboue remembred and euerye of them shoulde continue and endure in their force and strength and also be obserued and kepte vntyl the laste daye of the nexte parliament as by the same acte amongest other thinges therein conteyned more playnelye appeareth And where also in the Parliamente begonne and holden at Westmynster the eyght and twentye daye of Apryll in the one and thyrtye yeare of the reygne of oure sayde late mooste dreade Soueraygne Lorde kynge Henrye the eyght and there continued vntyll the eyght and twentye day of Iune then nexte folowynge it was ordeyned and enacted by thaucthorytie of the same parlyamente that all and singuler the sayde seuerall actes aboue remembred and euery of them and al clauses artycles and prouysions in them and euerye of them conteyned shoulde contynue and endure in their force and strength and also be obserued and kept vntill the laste daye of the nexte Parlyamente as by the same Acte amonges other thynges therein conteyned more playnelye appeareth AND where in the Parlyamente holden at Westmynster in the fiue and thyrty yeare of the Reygne of oure sayd late Soueraygne Lord kynge Henrye the Eyghte one acte was made for the preseruation of woodes to endure for seuen yeares then nexte folowynge and from thence to th ende of the nexte Parlyamente as by the same acte more playnelye it dothe and maye appeare And where also at the Parlyamente holden at Westmynster in the seuen and thyrtye yeare of the raygne of the sayde late kynge Henry the eyghte and there continued and kepte vntyll the dissolution thereof it was ordeyned and enacted that all and singuler the sayde actes aboue mentioned and euerye of
charged or appoynted to find haue and maynteyne by this present acte AND BE IT further enacted by thaucthoritie aforesayde that yf any personne chargeable by this acte as is aforesayde shall by the space of any thre whole monethes after the sayde fyrst daye of Maye lacke or wante the sayde number and kindes of horses geldinges armoure weapon and furniture aforesayde or any of them after suche rate proportion maner and fourme as is in this acte aboue limitted declared and appoynted That then euery suche personne shall forfeyt and loose for euery suche thre monethes that he shall so lacke and want the same number and kyndes of horses geldinges armoure weapon and furniture or any parte thereof for euery horse or geldynge so lackyng ten poundes and for euery dimilaunce and turniture of the same thre poūdes and for euery corselet and furniture of the same xl.s and for euery almayne ryuette cote of plate or brigandine and the furniture of the same xx.s and for euery bow shefe of arrowes byl halbert haque but steele cappe scull moryan and salette x.s the one moytie of which said forfeytures shal be to the kinge and Quene oure Soueraygne Lorde and Ladye and to theyres and successours of the same our soueraygne ladye and the other moytye to him or them that wyll sue for the same in any courte of recorde by byll playnte action of debte or information in the whiche byl playnt action or information no wager of lawe essoyne or protection shall be allowed or admitted AND BE IT further enacted by the aucthoritie aforesayde that the inhabitauntes of euery citie boroughe towne parishe and hamlette within this realme other then suche as are speciallye charged before in this acte shall haue fynde kepe susteyne and mainteyne at theyr common charges and expences suche harnes and weapon and as muche therof as shal be appoynted by the comissioners of our sayd soueraigne lorde and ladye and of the heyres and successours of the same our soueraygne lady for the musters or vewe of armour within suche citie boroughe towne paryshe or hamletre there to be kepte in suche place as by the sayd comissioners shall be apoynted And the numbers and kindes therof to be wrytten and comprised in a payre of indentures to be made betwene the sayde commissioners or two of them at the leaste and twelue eyghte or foure of the chiefest of euery suche citie borough towne parishe or hamlette wherof one part to remayne with the cheif officer of the same citie borough towne paryshe or hamlette and the other part to remayne with the clerke of the peace of the shyre or countye where euery iuche citie towne borough paryshe or hamlette shall stande or be And if the same inhabitauntes of euery such citie borough towne paryshe or hamlette other then suche as are speciallye as is aforesayde charged shall lacke or wante suche harnes or weapons or any parte thereof as shall be vnto them appoynted by the sayd comissioners for the musters or vewe of armoure as is aforesayde by the space of any thre monethes together next after any such appointment made that then the same inhabitauntes shall forfeyte for euery the sayd thre monethes for euery suche harnes or weapons so lackyng after the rate aboue limitted the one moytie therof to be to our sayde soueraigne lord and ladye and to theyres and successours of our said soueraygne lady and thother moytie to hym or them that wyll sue for the same in any of the courtes of recorde of our sayd soueraygne lorde and Ladye and of the heyres and successours of the same oure soueraigne Ladye by byll playnte action of debte or information wherein no wager of lawe essoyne or protection shal be admitted or allowed AND BE IT further enacted by thauctoritie aforesayde that the lord Chauncellour of Englande for the tyme beynge shall haue full power and aucthoritie by vertue of this presente acte frome time to time to graunte out commissions vnder the great seale of England to the Iustices of peace within euery shyre or countie of this realme or to so many of them as by his discretion shall be thought mete and conueniente for the appointinge and limittinge of the sayd harnesses and weapōs to be founde kept and mainteyned in euery such citie borough towne parishe and hamlette at the common charges of the inhabitauntes thereof as is aforesayde Prouided alwayes that this acte or any thinge therein conteyned shall not extende to take awaye or discharge any tenaunt or fermour of his seruice or couenaunte towardes his Lorde for the fyndinge of horse armoure or weapon or for doynge of seruice by him selfe or anye other whiche by the tenure of his lande or ferme he is bounde to do at the time of makinge of this acte but that he shall yelde paye and doe the same in as large ample maner and fourme as though this act had neuer bene had ne made AND be it further enacted by thaucthoritie aforesayd that the iustices of peace of euery Shire shal haue power and aucthoritie by vertue of this acte from time to time to make search and vewe of and for the sayd furnytures of horses geldinges armour and weapon to be founde mainteined and kept by any person abouesaid hauynge lordshyppes manors houses landes meadowes pastures or woodes to the clere yerely value of CC. poundes or vnder and not aboue the yearely value of CCCC pounds or to be found mainteined or kept by any person or persons chargeable by this act by reason of hys or their goodes cattels annuities fees or copyholdes as is aforesayd and to heare and determine at their quarter Sessions all and euery the defaultes committed or done contrary to this acte within the countye where suche Sessions shal be kept by inquisition presentment byl or informatyon before them exhibited or by examination of two lawefull wytnes at the discretion of the same Iustyces to award processe therevpon as though they were indicted before them by verdict of .xii. men or more And vpon the conuiction of the offender by informatiō or suit of anye other then the kinge or the quene or of theires or successours of the quene to make estreates of the one moitie of the said forfeytures to be leuyed to thuse of oure sayd soueraygne lorde and lady or of theirs or Successors of the same our soueraigne lady as they vse to doo of other fynes issues and amercyamentes growynge in the Sessyons of peace and to awarde execution of the other moytie for the compleynaunte or informer agaynste the offender by fieri facias or capias as the kinges Iustices at westminster may doo and vse to doo And yf any such conuiction shal hereafter happen at thonely sute of oure sayde soueraygne lorde and ladye or of the heires or successoures of the same our Soueraygne lady that then the whole forfeytures to be estreated and leuyed to their vses onelye AND BE IT FVRTHER enacted by the aucthorytie aforesayde that whensoeuer anye
assise or iustices of peace before whom suche indytement or presentment shal be taken or had shal and may by the aucthoritye of this act award such proces against euery such person or persons so indited as vpō inditements of trespas is vsed and accustomed to be made if any such persō or persons so indited do appere before the said iustices confesse the same or plede to the same indytementes after by verdycte of .xii. menne shal be of any the sayde offences conteyned in such inditemēt or inditements conuicted that thē the said Iustyces before whō any such conuyction shal be so had shal may award such person or persons so conuycted vnto pryson there to remayne without bayle or maynepryce vntyll such tyme as he or they haue payd or satisfyed the moytie of the forfeiture aforesayd vnto the kyng and quenes maiesties vse and thother moitie therof vnto hym or them that shal come before the sayd Iustyces and geue euidence agaynst the partye to be conuicted at the time of the sayd conuiction and by whose euydence he shal be of the said offēce conuicted And yf any such cōuiction shal be had wtout any euydence openly giuen by any person or persons that then the partye conuicted as aforesayd shal remayne in prison as is aforesayd vntil he haue satisfyed the hole forfeiture to the king and quenes maiesties vse PROVIDED alwayes and be it further enacted by thauctoritie afore sayd that yf any the offences aforesayd touching captaines pety captaynes or other hauyng charge of men shal be committed durynge the time that any army or number of mē being vnder a lieuten aunt shal be assembled and continue together or by any captaine pety captaine or other hauyng charge of men that shal serue vnder any lord warden or other cheiftayne that then vpon complaint thereof the lord lieutenaūt or the lord warden or other cheyftayne durynge the tyme of anye hys or their commyssyon shall and maye heare order and determyne the same offences by hys or theyr dyscretyons Prouyded alwayes that thys acte nor any thyng therein conteined shall not in any wise extend to take awaye or discharge any tenaunte or fermoure of hys seruice or couenaunt towardes hys lord for the findynge of horse armor or weapon or for doynge of seruyce by hym selfe or by any other whych by the tenure of hys lande or otherwyse is boūden to do before the makyng of thys acte but that he shal yelde do and paye the same in as ample maner and forme as though this arte had never bene had or made Prouyded also and be it further enacted by thaucthoritie aforesayd that yf any such capytayne pety captaine or other hauynge charge of men as is aforesayd shal be at anye tyme hereafter conuycted or ordered by vertue of thys acte for anye of hys offences aforesayde that then the same Capytaine petie Capitaine or other hauing charge of mē as is aforesaid so conuicted shal not otherwise or eftsones be vexed troubled sued or conuicted for the same offence whereof he shal be so before conuicted or ordered AND where one braunch or article conteyned in the statute made in the seconde and thyrde yeare of the reygne of the late kynge Edwarde the syxte intituled an acte touchinge the true seruyce of Captaynes and Souldyoures whereby the departure of anye Souldyoure seruynge as in the sayde acte is expressed wythoute lycence of the lyeutenaunte or other offycer or offycers named in the sayde acte or in their absence of their deputies was made felonye is of noo force strengthe ne effecte at thys presente by reasonne of the acte of repeale of certayne treasonnes felonyes and primynyre made in the first session of the parliament holdē at Westminster in the fyrstyere of the Quenes maiesties reygne Be it for good and reasonable consideratyons enacted and establyshed by thaucthoritie of thys present parliament that the sayd braunch or article and euerye sentence and matter therin conteyned be from henceforth holy reuyued and recontynued and be and remayne in full strength and effect to al intentes cōstructions and purposes the sayde acte of repeale notwithstandynge And that al and euery other article clause prouyso and matter conteined in the same acte shall stand remayne and be in their full force strengthe and effecte Any thing in this acte conteined to the contrary notwithstandynge AND yet neuerthelesse wherin the sayd acte it is prouyded that no person or persones should be charged for the takynge or receyuynge of any gyfte or rewarde of anye of hys or their tenauntes or frendes towardes the releyfe ayde or helpe of the same personnes beynge commaunded to serue in warres or otherwyse to fynd men on horsebacke or on fote within thys realme or withoute nor for the gyfte rewarde ayde or helpe reserued or couenaunted to be payde or gyuen to any person appoynted to serue in warres or to fynde horse or men to serue by reason of any graunt couenaunte reseruation custome or tenure any thyng in the sayd acte to the contrary notwithstanding as by the said acte and prouyso more playnely it doth and maye appeare Be it enacted by thaucthoritie of this presēt parliamēt the no person or persons shal or may by coulour of the said prouiso or of any wordes or matter therin conteyned exact or demaund or leuy any summe or summes of mony horse armoure or any other thyng other then shalve employed furthwith in the present seruyce of those warres of the kynge and queenes maiesties her heires or successoures for whych it is leuyed the whyche summe or summes of mony horse armoure or other thyng or as much thereof as shal not be spent lost or consumed in the sayd seruyce shal be rendred and restored to such person or persones as payde or delyuered the same vpon the penaltyes and forfeytures conteyned in the said acte PROVIDED alwayes that no person or persons inhabitynge within any cytye borough or towne corporate being a countye of it selfe or in whych any Iustices of peace be or herealter shal be by charter shal be compellable by vertue of thys acte to make his or their apparaunce with such furniture as is aforesayd at any muster hereafter to be had or taken out of the Suburbes precinct or lyberties of the same Citye Borough or Towne nor before any person or persons aucthorysed by cōmission or otherwise as is aforesaid onlesse the maior or other hed of fycer of such citie borough or towne one other discrete inhabitaunt of the same at the least be ioyned in the same commission or other aucthoritie as is aforesayd with the same other person or persons so aucthorised any thing before mentioned to the contrary notwithstāding AN ACTE that accessaries in murder and dyuers felonies shall not haue the benefit of clergie The .iiii. Chapter FOR THE due punysshmente of suche as commaunde counsell or hire any
as is aforesayd the grosse and seuerall Summes set and taxed within the places to them lymitted for the sayde Subsedye and other fynes amercyamentes penaltyes and forfeytures with the names of the hundredes wardes wapentakes and other places to them assigned or ells by theyr sayd wriringes indented to certyfye at the sayd place before the sayd day of paimente suche reasonable causes for their excuses whye they maye not make suche certifycate of and for the sayde Subsedye whyche synes amercyamentes and other forfeytures growinge or sette by reason of the causes of their lettes or of their none certyfying as is abouesayd or ells in defaulte thereof proces to be made oute of the kyng and quenes maiesties sayde Escheker agaynste the sayd commyssyoners and euerye of them not making certificate as is aforesayde by the dyscresyon of the Tresurer or Barons of the sayde eschequer PROVIDED alwayes and be it enacted by thaucthoritye aforesayd that the inhabytauntes of the Paryshe of Saynte Martynne called Stamforde Baron in the Suburbes of the burroughe and towne of Stampforde in the Southe parte of the water there called Welland whych hereafter shal be contributorye to the paymente of thys present Subsedye graunted to the quenes maiestie her heires and successors shal be assessed rated and taxed for thys tyme by such commyssyoners whych shal be appoynted for the taxynge ratyng and sessynge of such Subsedye or taxe within the countye of Lyncolne and shal be for this tyme contrybutorye and paye the sayde Subsedye to the collectoure or collectoures whyche shal be assygned and appoynted for the leuying and gatherynge of the same with the aldermen and burges of the said boroughe and towne of Stampford Prouyded alwayes and be it enacted by the aucthoritie aforesaid that all and euery person and personnes hauynge manoures landes tenementes and other hereditamentes chargeable to the payment of the Subsedye graunted to the Quenes Maiestie by this acte and also hauynge spirituall possessions chargeable to her sayde Maiestie by the graunte made by the cleargy of thys Realme in this their conuocation and ouer thys hauyng substaunce in goodes and cattels chargeable by thys sayd acte that then yf any of the sayd person or persons be hereafter charged assessed and taxed for the sayde manoures lands and tenementes and spirituall possessions and also assessed charged taxed for his or their goodes or cattells that then he or they shal be onlye charged by vertue of thys acte for his and their sayde manoures landes tenementes hereditamentes or spirituall possessions or onely for hys sayde goodes and cattels the beste thereof to be taken for the quenes Maiestie and not to be charged for both or double charged for anye of them anye thyng in thys acte conteined to the contrary in any wyse notwithstandyng Prouyded alwayes that thys graunt of Subsedy nor anye thynge therein conteyned in any wise extende to charge the inhabitauntes or dwellers within Ireland Iernesey and Garnesey or anye of them of or concernynge any manours landes tenementes or other possessions goodes cattels or other moueable substaunce whyche the sayd inhabytauntes or dwellers or any other to their vse haue within Ireland Iernesey and Garneseye or in anye of them or of for or concernynge anye fees or wages whych anye of the sayde inhabytauntes or dwellers haue of the kynge and quenes Maiesties for there attendaunce and doynge seruyce to oure sayd soueraygne Lord and Ladye in Irelande Iernesey and Garneseye or in anye of them anye of them anye thynge in this presente acte to the contrary in any wise notwithstandyng Prouyded also that thys present acte of Subsedy ne anye thynge therein conteyned extende to anye of the Englyshe inhabytauntes or resiauntes in any of the countyes of Northumberlande Cumberland Westmerlande the towne of Barwycke the towne of Newecastell vpon Tyne and the Byshopricke of Durham nor to anye of them of for or concerninge any manoures landes tenementes or other possessions goodes cattells or other moueable substaunce whyche the same Inhabytauntes or dwellers or any other to their vse haue within the sayde counties of Northumberlande Cumberlande Westmerlande or the towne of Barwicke the towne of Newecastell vpon Tyne or the Byshoprycke of Durham or anye of them or of for and concerning any fees or wages whiche anye of the sayde Inhabytauntes or dwellers haue of the kynge and Queenes Maiestyes for their attendaunce and doinge seruyce to the kynge and Quenes maiestyes for or within the sayde counties of Northumberlande Cumberlande Westmerlande the towne of Barwycke the Towne of Newecastell vpon tyne and the Byshopprycke of Durham or anye of them to or for the sayde taxynge leuying gatherynge or paymente but that the English inhabytauntes and resiauntes and euerye of them of the said coūties Byshopricke and townes and euerye of them shal be of and from the sayde Subsedye and euerye percell thereof and for their manoures landes tenementes fees wages goodes and cattells lyinge and beynge in the sayde counties townes and Byshoprycke or anye of them vtterlye acquited and discharged Any thing in thys presente acte before rehearsed to the contrary notwithstandyng PROVIDED also that all letters patentes graunted by the king or queenes maiestie or anye of her most noble progenitoures to anye Cyties Burroughes or townes within thys realme of anye maner lybertyes pryuileges or exemptions from the burden and charge of any suche graunt of Subsedyes whych be at thys present time in force and vayleable shal remayne good and effectuall to the sayde Cytyes Burroughes and townes hereafter accordynge to the purportes thereof thoughe the inhabytauntes of the same shall vpon the gret and weigh tye consyderation of the graunt aforesayd be for thys graunt charged and contributory in like maner fourme and sorte as other Cityes burroughes and townes whych be not in anye wyse pryuileged be from such graunt of Subsedy excepted PROVIDED alwayes and be it enacted by the aucthoritie aforesaid that no Orphant or Infant within the age of .xxi. yeare borne within anye of the quenes maiesties dominions shal be charged to anye paymente of thys Subsedye for hys or her goodes and cattelles to him or her lefte or bequethed Anye thyng in thys acte conteined to the contrarye notwithstandyng PROVIDED also that thys acte nor any thing therein conteined shal extende to the goodes or landes of anye college Hall or Ostell within the vniuersities of Oxenforde and Cambrydge or any of them or to the goodes or landes of the colledge of Wynton founded by Byshope Wyckeham or to the goodes or landes of the college of Eton nexte Wyndesore or to the goodes or Landes of anye free gramer scoole within the realme of Englande or Wales or to the goodes of anye reder Scolemayster or scoller within the sayde vniuersities and colledges or anye of them there remaynynge for studye withoute fraude or couyne or to the goodes and landes of any Hospytall measondewe or Spitelhouse prepared and vsed for the sustentation and releyfe of pore people Anye thyng in thys acte conteyned to the contrary in any wise notwithstandyng Prouyded also and be it enacted by the aucthoritie aforesayde that forasmuche as diuers and sundrye the kynges and Quenes Maiesties tenauntes and other inhabitauntes and dwellers within the counties of Penbroke Carmarthen Cardigan Glamorgan Breckenocke Radnour Mongomery Denbigh Flynt Merioneth Anglesey Carnaruan and of the countye palantine of Chester be at this presente tyme charged and chargeable with the seuerall paymentes of diuers great summes of monye by the name of Myse due to their maiestyes accordinge to the seuerall customes of the sayde counties for the payment whereof diuers and sundrye the gentlemen and other the inhabitauntes be and stand bounden to theyr highnes And that also ther do remayne yet vnpayde in diuerse of the sayde dominions and countie palantyne the Subsedye graunted to the kynge and Quenes maiesties Be it therefore ordeyned and enacted by thaucthoritie aforesayde that this acte of Subsedye or any thynge therein conteyned shall not extende to charge any of the kynge and Quenes tenauntes and other inhabitauntes and dwellers within any of the sayde counties of Penbroke Carmarthen Cardigan Glamorgan Brecknocke Radnoure Mongomery Denbigh Flint Merioneth Anglesey Carnaruan and the countie palantine of Chester beynge charged or chargeable wyth the sayde Myse for or in any of the paymentes of the sayde Subsidye graunted to the kynge and Quenes Maiesties by this acte vntyll the seuerall dayes and tymes appointed and agreed for the paiment of the sayde Myse shall be expired And likewyse the dayes and tymes of the sayde Subsidye latelye graunted to oure sayde Soueraygne Lorde and Ladye be past and expyred And that then the paiment of the sayd Subsidye graunted by this present acte shall be made at the receipte of the kynges and queenes Eschequer before the fyrst daye of Marche nexte folowinge after the dayes appointed for the latter paymente to be made of the sayde myses and also of the payment of the sayd former Subsidye Furthermore be it enacted by thauctoritie aforesayd that the tenants and dwellers of euerye the sayde counties in this prouiso remembred shall seuerally before the feast of Penthecost nexte ensuinge certifye in the sayd court of Eschequer vnder the seales of two Iustices of peace of euerye the sayde counties whereof one to be of the Quorum when and what daye the laste payment of the sayde seuerall mises nowe due in any of the sayde counties shall ende and expyre Prouided also that the sayde graunte of Subsidie or anye other thinge therein conteyned doo not in anye wyse extende to be preiudiciall or hurtefull to the inhabitauntes or resiauntes at thys presente tyme within the fyue portes or to anye of theyr members incorporate or vnited to the same fyue portes or to anye of the same fyue portes of or for any parte or percell of the sayde Sommes graunted in this parliament of the sayd inhabitauntes nowe resiaunt or any of them to be taxed set asked leuied or payde but the sayde inhabitauntes and resiauntes in the sayde fyue portes and theyr members be and shall be of and from the sayde graunte and paymente of the sayde subsedy during their resiauncy there and no lenger clearlye acquited and discharged any matter or whatsoeuer thinge in this presente acte had or made to the contrary notwithstandinge God saue the Kynge and the Quene ❧ Excusum Londini IN AEDIBVS IOHANNIS CAVVODI Tipographi Regiae Maiestatis Anno. M.D.LVIII Cum priuilegio ad imprimendum solum
aucthoritie by vertue of the sayd act to comaunde the Sherif or other minister or ministers to whome the makynge of the sayde retourne shall appertayne to name and apoynte as often as nede shall requyre so many of suche other hable persones of the sayde countye then present at the sayde assises or nisi prius as shall make vp a sull Iurye whiche persones so to be named and enpanelled by suche Sherif or other minister or ministers shal be added to the former pannell and theyr names annexed to the same as by the sayde act more at large appeareth whiche Statute was made to endure tyll the ende of the nexte parlyamente and after was and is frome tyme to tyme contynued and doeth nowe remayne stande and be in effecte whiche acte doth not extende to any Iury enpanelled to trye an yssue ioyned betwene the kynge and the partye or betwene suche as pursue any matter for the kynge and them selues Be it therefore enacted ordeyned and establyshed by the kynge and Quenes maiesties the lordes spirituall and temporall and the commons in this present parliament assembled and by the aucthoritie of the same that frome and after the lyrste daye of Iune next cominge the Iustices of assise and nisi prius before whome anye tryall shall be made by vertue of anye wrytte of habeas corpora or distringas with a nisiprius where a full Iurye shall not appeare or after appearaunce of a full Iurye by chalenge the Iurye is lyke to remayne vntaken for defaulte of Iuriours shall haue aucthoritie by vertue of this Acte vpon request made for the kynge and Quene her heyres or Successoures by anye aucthorised therevnto or assigned by the Iustices of the Courte before whome the sayde enqueste shall be taken or vppon requeste to be made by the partye that foloweth as well for the kynge and Queene her heyres and Successours as for hym selfe vppon anye penall Statute or hys or theyr Attourney to commaunde the Sheryffe or other minister or ministers to whome the makynge of the sayde retourne shall appertayne to name and appoynte as often as nede shall require so manye of suche other hable personnes of the sayde Countye then presente at the sayde assises or nisi prius and to adde and annexe the names to the former pannell as shall make vppe a full Iurye of twelue menne for the tryall of euerye suche Issue And that all and euerye clause sentence article and prouiso comprised in the sayde former acte shall be taken enterpreted and expounded to geue the lyke and the same aduauntage and commoditie to the kynge and Quenes maiesties her heyres and Successoures and all suche personne and personnes as shall pursue anye action byll playnte or information for the kynge and Quenes maiesties her heyres and Successours onelye or for them and the partye as the partye playntyfe in anye other action shoulde or myghte haue by vertue of the sayde Acte in suche fourme and condition to all intentes and purposes as yf such actions or suites for the kynge hadde bene specially and perticulerly mentioned and declared in the sayde Acte AN Acte for the punishemente of suche as shall take awaye maydens that be inheritours beynge within the age of sixtene yeares or that marye them without the consente of theyr parentes The .vij. chapter WHERE maydens and women chyldren of noble men gentlemen and others as well suche as be heyres apparaunte to theyr auncestours as others hauynge lefte vnto them by theyr father or other auncestre and freindes landes tenementes and hereditamentes or other greate substaunces in goodes and catelles moueable for and to thintente to aduaunce them in marryage somewhat lyke accordynge to theyr degrees and as myght be mooste for their suertye and comforte as well for theim selues as of all other theyr freinds and kynnesfolkes be often tymes vnwares to theyr sayd freindes or kynnesfolkes by flattery tryfelynge gyftes and fayre promises of manye vnthryftye and lighte personages and thereto by the intreatye of persones of lewde demeanoure and others that for rewardes bye and sell the sayde maydens and chyldren secretlye allured and wonne to contracte matrimonye with the sayde vnthryftye and lyght personages and therevpon either with slyghte or force oftentymes be taken and conueyed awaye from theyr sayde parentes freindes or kynnesfolkes to the high displeasure of almyghtye God dispargement of the sayde chyldren and the extreame contynuall heuynes of al theyr freindes whiche vngodlye dealynge for lacke of wholesome lawes to the redresse thereof remayneth a great familier and common mischeife in this oure common welth For remedye whereof be it enacted by the kynge and Quenes maiesties the lordes spiritual and temporall and the commons of this present parliamente assembled and by the aucthoritie of the same that it shall not be lawfull to anye person or persons to take or conuey awaye or cause to be taken or conueyed awaye any mayde or woman chylde vnmaried beynge within the age of sixtene yeares out of or from the possession custodye or gouernaunce and agaynst the wyll of the father of suche mayde or woman chylde or of suche personne or personnes to whome the father of suche maide or woman chylde by his laste wyll and testamente or by any other acte in his life tyme hath or shall apoint assigne bequeth geue or graunte the ordre kepynge education or gouernaunce of suche mayde or woman chylde excepte suche takyng and conueyinge awaye as shal be had made or done by or for suche person or personnes as without fraude or couyn be or then shall be the master or mystres of suche mayde or woman chylde or the gardeine in socage or gardeyne in chyualrye of or to suche mayde or woman chylde And be it further enacted by the aucthoritie aforesayd that yf anye person or persons aboue the age of .xiiij. yeares shall from and after the fyrste daye of Apryll nexte commynge vnlawfullye take or conueye or cause to be taken or conueyed any mayde or woman chylde vnmaried beyng within the age of .xvi. yeares out of or from the possession and agaynst the wyll of the father or mother of suche chylde or oute or from the possession and agaynst the wyll of suche personne or personnes as then shall happen to haue by anye lawfull wayes or meanes the ordre kepynge education or gouernaunce of anye suche mayden or woman chylde that then euery suche person persons so offendinge beynge thereof lawfully attaynted or conuicted by the ordre and due course of the lawes of this realme other then suche of whom suche person taken awaye shall holde any landes or tenementes by knightes seruyce shal haue and suffer imprisonmente of his and theyr bodies by the space of two whole yeares without bayle or maynprice or elles shall pay suche fine for his or theyr sayde offence as shal be assessed by the counsel of the Quenes highnes her heyres or successours in the Starre Chambre at Westminster And be it further enacted by the auctoritie aforesayde
personne shall at anye tyme hereafter be conuicted by vertue of this acte for anye defaulte or thinge mentioned in thys acte that then the same person shal not otherwise or eftsones be vexed troubled sued or conuicted for the same defaulte or thing wherfore he shal be so conuicted AND be it moreouer enacted by the auchtoritie aforesayde that yf anye Souldioure shall at anye tyme hereafter make sale of his horse harnes and weapon or anye of them contrarye to the fourme of the sayde statute made in the saide seconde and thirde yeares of the saide late kinge that then not onely the same Souldiour shall incurre the penalties of that statute but also the sayde sale made by suche souldioure to any person or personnes knowing him to be a souldior shal be voyde and of none effecte agaynst him or them that founde or set forth the sayde horse harnesse and weapon or any of them to or for the furniture of suche souldioure to serue with the same PROVIDED alwayes that no person shall be impeached or troubled for any offence done contrary to this acte onlesse presentmente or sute therof be had made or taken with in one yeare next after th offence done any thing in this act to the contrary therof in any wyse notwtstanding PROVIDED alwaye and be it enacted by the aucthoritie aforesayde that if at any time hereafter it shal fortune any person or persons aforesayde to be sued or impeached for any forefeyture or penaltie for not hauinge susteyninge or kepinge such furniture of corselets pykes haquebuttes or morians as by this acte is before limitted rated and apointed and for his or theyr excuse and aunswere shall alleage and pleade that the same furniture so lacking coulde not by him or them conueniently be had gotten or prouided for want and lacke of the same within this realme accordinge to the tenure and purporte of this acte the same matter of want and lacke as is aforesayde shall be allowed and taken for a good and sufficient aunswere and barre in the lawe in case it be true and if the same be denied or trauersed that thervpon an issue shal be ioyned and that the triall shall be of euery suche issue onelye had by the certificate to be made by the Lord Chauncellour Lorde Treasurer the Lorde president of the Councell the Lorde Stewarde of the Kynges and Quenes moste honorable householde the Lorde pryuye Seale the Lorde Admirall and the lorde Chambrelayne of the sayde householde or by thre of them in wrytinge vnder theyr seales or the seales of thre of them this presente acte or anye statute lawe or vsage heretofore had to the contrary notwithstanding PROVIDED also and be it enacted by the aucthoritie aforesayde that no personne or personnes chargeable by vertue of this Acte to or for the fyndynge or hauynge of anye Horse Geldynge Armoure Weapon or furnyture for the warre as is aforesayde shall be charged with the same or with any of them both for his manours houses landes meadowes pastures and woodes and also for his goodes catels fermes leases copyholdes rentes annuities Prouided also and be it further enacted by thauctoritie aforesayde that this acte or any thinge therein conteyned shal not in any wyse extend or be adiudged or interpreted to abrogate repeale or make voyde any part sentence matter clause article or thinge conteyned or specified in the statute made in the .xxxiii. yeare of the raygne of the late noble Prince of worthy memory kinge Henry the eight for or concerning the hauing of long bowes and arrowes the vsing order exercisyng and mayntenaunce of archery and shotinge in longe bowes but that the same statute and euery article clause sentence and thinge therein conteyned and specified touching or in any wyse concerninge the hauinge of longe bowes arrowes vsinge order exercisinge or maintenaunce of archerye and shotinge in longe bowes shall stande and remayne in force and be obserued perfourmed and kepte accordynge to the tenure effecte and true meaning of the sayd acte vpon the paynes conteyned in the same as this acte had not bene hadde ne made this present act or any thinge therin conteyned to the contrary in any wyse notwithstandinge PROVIDED also that yf it shall fortune the sayde furniture of armure aforesayd or any parte therof at any time hereafter to be lost or spente in any seruice of defence of this realme or elles the horses or geldinges aforesayd to be kylled or distroyed or els by some other occasion to be dead that in such case or cases no person or persones shal be charged with any forfeiture or penaltie aforesayde for not hauinge suche quantitie or number of armour horses or geldinges as is aforesayde so that he or they within one yeare next after such losse or want do supply the same againe in al points according to the true meaning and purport of this act any thing in the same act to the contrary therof notwithstanding Prouided also that the want of any gauntlet or gauntlets shal not be demed accoumpted or taken for anye tacke or wante of furnyture for a corselet any wordes before expressed soundinge to the contrarye notwithstandyng Prouided also and be it enacted by thaucthoritie aforesayde that euery person and persons charged with the fyndinge of any haque but and his or theyr seruaunt or seruauntes shall and may exercise and vse shotinge in the same haquebutte at suche markes as are limitted and appointed by the statute made in the .xxxiii. yeare of the raygne of king Henry the eyght or at theyr owne proper games so that they cary not or vse not the same haque but in any hyghe waye vnlesse it be comynge or goynge to or from the musters or marching towardes or from the seruyce of defence of the realme any clause or article in the sayde acte of the .xxxiii. yeare to the contrary notwithstanding Prouided alwayes that this acte ne any thinge therin conteyned shall extende to charge any person or persons dwellinge or abydinge within the countreis of Northwales and Southwales and within the countye Palentine of Lancaster and Chester or either of them with the findinge or hauinge of any haque but but that they and euery of them shall and maye at theyr wyll libertie and pleasure haue and kepe in stede and place of euery haquebutte charged by this acte one longe bowe and one shefe of arrowes ouer and besides suche other armour and munition as is by the lawes of this realme limitted and appoynted anye thinge in this acte to the contrarye notwythstandinge PROVIDED alwayes that the Lorde Chauncelour of England or keper of the greate seale for the tyme beinge shall and maye from time to time by vertue of the kinge and Quenes highnes commission name assigne and appointe comissioners in euery citie boroughe and towne corporate wherein there be Iustices of the peace as well in Englande as in Wales so many of the same Iustices of peace with suche and as manye other personnes to
frenche nacyon to thys Realme contrarye to the sayde Actes of Parlyamente and contrarye to their sayde letters patentes and the prouyso conteyned in the same FOR remedy whereof and for the auoydyng of the imminent peryll that for want of due prouydence may ensue to your most royal person whome our Lord GOD longe preserue to reygne ouer vs and to thys your hyghnes Realme by the malicious and secrete practyses of the sayd Denizens we most humblye besech your most excellent Maiestie to haue vigilante care and tender consyderatyon of youre owne suretye and preseruation of thys youre Realme and hauynge good and sure experience of your accustomed honorable and mercyfull disposition and inclination do also mooste humblye besech the same that by youre royall assente it maye be enacted by thaucthoritye of this present parlyament that al french men and all and euery other personne and personnes borne in any place beyond the Seas which at the tyme of the byrth of any such person or persones was vnder the french kinges obeysaunce not beynge Denizens other then suche as the kynge and Quenes highnes or the quene onely shall specyally lycence lymit and appoynte to remayne within thys Realme shall departe oute of thys Realme and out and from the dominions and terrytories of the same there to remayne and contynue withoute retorne into thys Realme durynge the time and contmuaunce of the warres betwene the french kynge and oure Soueraygne Ladye the quene or her heires or successoures And that our Soueraygne Lorde and Ladye the kynge and the queene or her hyghnes onelye by the aucthoritie of thys Acte by their letters patentes vnder the great Seale of Englande shall and maye haue full power and aucthoritie from time to tyme duryng the lyfe of the quenes hyghnes whych almyghty GOD long prosper and contynue after offyce founde or other due profe of the mysdeamenor of anye such Denizen committed contrary to the lawes of this realme to repeale and make voyde all and synguler letters patentes or asmanye of them as to her hyghnes shall seme good made sythence the sayd two and thyrtye yeare of the Raygne of Kynge Henrye theyghte to anye alyen or straunger borne frenche and vnder the obeysaunce of of the frenche kynge concernynge onelye the makynge of suche alyen or Straunger Denyzen the same Letters Patentes of repeale to be proclaimed and vsed in maner and fourme folowynge that is to saye that euery such Letters Patents of repeale shal conteine the names surnames of euery such alien Straunger whose letters Patents shal soo be repealed and shal be solempnlye and openly redde and proclaimed in the kynge and Queenes Courte of Chauncerye betwene the howres of nine and a leuen before none one day in anye one terme to be kepte at Westmynster and in suche and asmanye termes and counties of this realme as shal be limitted or appoynted or other wise seme mete to the quenes maiestie at any tyme hereafter durynge her highnes sayd lyfe and that al and euery such letters patentes to be repealed in maner and forme aforesayde from and immediately after xxx dayes nexte ensuynge such repeale shall touchyng onelye the makyng of such alyen or straunger denizen be voyde and of none effecte and not before AND be it further enacted by thauchorytie aforesayd that such aliens and straungers denizens whose patentes the queenes hyghnes hereafter shal fortune to allowe or confirme or whom her hyghnes shal lycence to remayne and tarry in thys Realme shal be bounden to the kynge and Queenes maiesties by recognisaunce not to dyscouer nor cause to be discouered the councell nor the secreates of thys Realme and further to be bounde and obedyente vnto and by the lawes and statutes of the same and yf any such alyen borne frenche and vnder the obeysaunce of the french kyng as is aforesayde shall refuse to knowlege any such recognisaunce that then the sayde confirmation allowaunce and lycence shal be voyde and of none effect PROVIDED alwayes that yf any such alyen as is aforesayd shal haue purchased any Manour Landes Tenementes or hereditamentes of anye estate of inherytaunce within thys Realme sythence the tyme that he was made denizen or the any Manor Landes Tenementes or hereditamentes within this realme were gyuen to any such alien of any estate of inherytaunce by any letters patents or in the same letters patentes whereby he was made denizen that the same Manor landes tenementes and hereditamentes after the decease of suche alien whose letters patentes of makyng denizen shal be as is aforesaid repeled shall and maye discende remayne or come vnto suche his heyre or heyres as bene borne within thys realme and as be inheritable to the same or to such other person or personnes that shoulde by the lawes of thys realme haue and enioye the same or any part thereof yf thys acte or no such repeale had bene made in such maner and forme as thoughe no such repeale were had or made the same repeale or any thing in this acte to the contrary not withstandyng Prouided also that it shal be lawefull to the Quenes maiestie her heyres and successoures immediatelye from and after the departure of euery such denizen out of thys Realme to receyue and take the cleare yerely issues reuenues and proffyts of al such Manours Lands Tenementes Rentes Fees Annuityes and Heredytamentes whereof any such Denyzen were seassed or hadde at the tyme of thys acte or at the tyme of hys departure oute of thys Realme as is aforesayde for and durynge the lyfe of euerye suche Denizen in as ample and large maner and forme and in suche qualytye condytyon and degree as anye suche denisen mighte lawfullye haue receyued and taken at the tyme of the makyng of this present acte and not otherwise any thinge in this acte conteyned to the contrary notwithstandinge AN ACTE to make vp the Iury with circumstantibus where the kynge and Quenes maiesties or the Quenes maiestie is a party The .vii. Chapter WHERE in the parliament holden at Westminster the .xiiij. day of Ianuary in the .xxxv. yeare of the reygne of the moost noble and victorious Prince king Henry the eyght late kynge of Englande amongeste other thinges it was enacted and establyshed for the spedye tryall of Issues ioyned betwene party and partye in anye of the kynges courtes of recorde holden at Westminster to be tryed by the verdicte of twelue menne before the Iustices of assise or nisi prius that in euerye wrytte of habeascorpora or distringas with a nisi prius delyuered of recorde to the Sheryffe or other minister or ministers to whome the makynge of the retourne shall apparteyne where a full Iurye shall not appeare before the Iustices of assise or nisi prius or elles where after appearaunce of a full Iurye by chalenge of any of the parties the Iurye is lyke to remayne vntaken for default of the Iurours that then the same Iustices vpon request made by the partyes playntyfe or demaundaunte shall haue