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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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robbing of any person or persons in or nere about the highe wayes or for wilfull bourninge of any dwellinge houses or bernes wherin any corn or graine shal happen to be nor that any person or persōs being founde giltie of any abbetrement procurement helpinge maynteyning or counsaylinge of or to any such petie treason Benefyt of clergy murders or felonies shuld be admitted to the benefyte of theyr clergye suche as be within holy orders that is to saye of the orders of subdeacon or aboue all onely except with many other clauses and prouisions conteined in the said acte as by the same acte more playnely appereth which acte was also made to cōtinue and endure to the laste daye of the nexte parlyament ¶ And where also in the same parliamēt it was further enacted that euery such persone and persons which shulde happen to be indited of any pety treason wilfull burninge of houses murder robberie or burgularye or other felonye accordinge to the tenour and meaninge of the said estatute nexte aboue rehersed Standynge muet and thervpon arrained didde stande muet of malice or froward minde or challeng paremptorie aboue the numbre of .xx. or els will not answere directely to the same inditement and felony whervpō they shal be arrayned that then euery suche person and persones shuld lose the benefite and priuilege of theyr clergie ¶ AND IT VVAS ALSO ORDEYNED by the same acte that if any person or persones be indited and founde giltie for stealing of any goodes or cattelles in any countie of this realme or beinge indited stande muet of malyce or chalenge paremptorie aboue the numbre of .xx. personnes or will not aunswere directely to the lawe shuld also lose the benefite of theyr clergie in like maner and fourme as they shulde haue doone if they hadde be endyted arrayned and founde gyltye in the same countie where the same robberie or burgulary was doone if it shall appere to the Iustices by euidence or examination that the saide felons or robbers arayned afore them shuld or ought to haue loste theyr clergie by force of the said estatute in case they hadde be founde gyltie of the same felonies or burglaries in the same shyre where they were commytted as by the sayde acte amonges other thinges more at large is expressed ¶ And where also in the sayde parlyament it was further ordeyned that the detestable vice of buggery commytted with mankynde or beaste Buggery Felony shoulde be felony and that the offenders therin shulde lose the priuilege of theyr clergy whiche acte was made to endure to the laste daye of the nexte parlyamente as by the same acte amongeste other thinges it appereth more at large For as moche as the sayde actes be beneficiall and profitable for the common welthe of this realme Be it therfore enacted by auctoritie of this present parlyamente that the sayde actes and euery of theym and all clauses and prouisions conteyned in the same shall stande in full strengthe and vertue and from henseforthe to continue and endure vnto the last daye of the nexte parlyament ¶ And also be it enacted by auctoritie aforesayd that suche as be within holy orders shall from henseforth stande and be vnder the same peines and daungers for the offences conteyned in any of the sayde statutes Orders and be vsed and ordered to all intentes and purposes as other persons not beynge within holy orders Any prouision or exception specified in any of the sayd actes or any other vsage or custome of this realme to the contrary therof not withstanding This acte to endure vnto the last day of the next parliament ¶ An acte for continuing of two statutes made in the last parlyament touchynge suche as go awaye with caskettes iewels goodes or plate of theyr maysters Cap. ii WHere in the laste parlyamente begonne and holden at London the third day of Nouembre in the .xxi. yere of the kinges moost gracious reygne and from thense adiourned to Westmynster and there holden and continued by diuers prorogations vnto the dissolution therof it was ordeined enacted amongest other thinges that yf any seruauntes Seruantes Caskettes Iewels to whome any caskettes iewels money goodes or catalles shulde be deliuered to kepe by his or theyr maisters or maistresses doo go awaye with the saide caskettes iewels money goodes or cacalles or any parte therof to the intente to steale the same and defraude his or their saide maister or maystres therof contrary to the truste and confidence to him or them putte by his or their saide maisters or maistresses Or elles being in seruyce without assente or commaundemente of his saide maister or maystres embesile the caskettes iewelles money goodes or cattalles Embesiling of his said maister or maistresse or any parte therof or otherwyse conuerte the same to his owne vse with lyke purpose to steale than if the saide caskets iewels money goodes or cattalles that any suche seruaunte shall go awaye with or whiche he shall embesyle with pourpose to steale it as is afore sayde be of the value of xl.s or aboue that then the same false fraudulent and vntrewe acte and demeanour should from henseforth be demed and adiudged felony And that he or they so offendyng Felony should be punished as other felons be punished for felony commytted by course of the common lawe whiche acte was then made to endure to the next parliament ¶ And where also in an other acte made in the sayde parlyament it was enacted that if any seruaunte for the tyme beyng in seruyce with any person or persons happen to steale or felonousely take awaye any iewels money plate or other goodes or cattalles of his maister or maystresse or if any seruaunt to whome any caskette iewels money goodes or cattalles were delyuered by his mayster or maystresse and goo awaye with the sayde casket money goodes or cattalles or any parte therof contrarye to the truste and confydence to hym or theym putte or withoute the assente or commaundemente of his sayde mayster or mastresse embesile any caskette iewelles money goodes or cattalles or any parte therof or otherwyse conuerte the same to his owne vse with pourpose to steale it if the sayde caskette money iewels goodes or other cattalles be of the value of xl.s or aboue that then the offendour in suche case should lose the benefitte of his clergye Benefite of clergy Sainctuary and the priuilege of al saintuaryes as by the sayde seuerall actes more playnly appereth For as moche as the sayd actes bē thought necessary for the common welth of this realme Be it therfore enacted by auctoritie of this present parlyament that the same actes and euery of theym and al and euery clause article and prouiso therin conteyned shall from henseforth stand good endure and continue for euer An acte gyuynge the kinges hyghnes auctoritie newly to allotte the towneshyppes in the shyres and marches of wales at any tyme with in three yeres next ensuynge Cap. iii. VHere in
suretie of his succession in the crown of this realme in the parliament begonne and holden at Westminster in the .viii. daye of Iune in the .xxviii. yere of the kinges most gratious reigne And also for lacke of such heires to such person persons as the kinges highnes shall limitte and appoint to succede to the crown by vertue auctoritie of the same act and not to any other within this realm nor foreine auctoritie power or potentate And in case any other othe be made or hath be made by you to any person or persons that then ye to repute the same as vayne adnichilate And that to your counninge writte and vttermooste of your power without gyle fraude or other vndewe maner ye shall obserue kepe maynteine and defende the saide acte of succession made in the saide parliament begon and holden at westmynster in the said .viii. day of Iune in the saide .xxviii. yere of the kinges most roiall reigne and al the holle effectes and contentes therof and al thinges that shall be done by the kinges highnes by auctoritie of the same and all other actes and statutes made in confirmation or for executiō of the same or of any thing therin conteined and this ye shal do against al maner of persōs of what estate dignitie degree or condition so ●uer they be in no wise do or attempte nor to your power suffre to be done or attempted directlie or indirectly any thing or thinges priuily or appertely to the let hinderaunce damage or derogation therof or of any parte of the same or of any thynge or thinges that shal be done by the kinges highnesse by vertue or auctoritie of the said act by any maner of meanes or for any maner of pretence so helpe you god al saintes and the holy Euangelistis ¶ And it is also enacted by auctoritie afore saide that all maner your subiectes as well spirytuall as temporall suynge lyuerey or ouster le mayne out of the handes of your highnesse or of your heires or successours or doynge any feyltie to your highnesse or to your heires or successours by reason of tenure of theyr landes shall swere the saide corporall Othe aboue mencyoned And that they nor any of theym shall here after haue any lyuereys oustre le mayne or restytution out of your handes nor oute of the handes of your heyres or successours tylle they shall haue made the saide corporall Othe in fourme aboue rehersed And if any person or persones beynge commaunded by auctorytye of this acte to make the sayde Othe afore lymytted obstynately or wylfullye refuse that to doo or wyll proteste and saye whan they shall be examyned vpon any interrogatories that shal be obiected to theym for or concernynge this acte or any thyng therin conteined that they be not bounde to declare their thought and conscience and styffely theron abyde that then euery suche personne soo doynge for euery suche offence shall be taken and accepted for offendour in hyghe treason And that euery suche refusell shall be demed and adiudged highe treason Treason and the offendour therin beinge as afore is limitted lawefullye conuicted or attemted therof by the lawes of this realme shall suffre suche peines of death losses and forfaitures and also lose priuileges of saintuaries in like maner and fourme as is aboue mentioned for the treasons afore limitted by this acte ¶ And be it further enacted by auctoritie of this present parliamente that if it shall please the kynges maiestie at any tyme here after by his letters patentes vnder his greate seale or by his laste wyll made in wrytinge Letters patentes and ligned with his most gratious hande to auaunce any person or persons of his most royall bloud to any title style or name of any estate dignitie or honour what so euer it be and to gyue to them or to any of them any castelles honours manours landes tenemētes liberties frācheses or other hereditamentes in fee symple fee tayle or for terme of theyr lyues or the life of any of them that then al and euery such letters patentes and last wyl of his highnes so to be made to any such person or persones of his blode shal be good and effectuall to them and euery of them according to the tenour purporses and effectes of euerye such letters patentes and laste will And that the said persone and persones and euery of them shall haue and enioy as well all suche titles style and names of honour dignitie and estate whiche shall be conteyned and expressed in any such letters patentes or laste wyll of the kynges hyghnes as suche castelles honours manours landes tenementes lyberties francheses and all other hereditamentes whiche shall be specifyed and mencyoned in euery such letters patentes or last will in such maner fourme fation and condicion and according to such estate or estates in the lawe as shal be expressed and limitted in euery suche letters patentes or last wyll in as large and ample maner to all intentes and purposes as if the titles styles and names of honour dygnitie and estate and the castelles honours manours landes tenementes lyberties francheses and other hereditamentes whiche shall be comprysed in any such letters patentes or laste wyll to be made were all redye yeuen by good sufficient letters patentes to suche personne or persons of the kynges blode by theyr speciall names and surnames and ratyfyed and confyrmed by auctoritie of this presente parlyamēte Or as if the names of suche personne and personnes soo beyng of the kinges bloudde and such titles stiles names castelles honours manours landes tenementes lyberties francheses or other hereditamentes hadde ben specyally named and expressed in this acte and gyuen to suche person and personnes of the kinges bloude by theyr propre names and surnames by sufficient wordes termes clauses sentences immediatly by auctoritie of this present parliament Sauinge to al and euery person and persons and bodyes politike and to theyr heyres assignes and successours other than to the kinges highnes his heyres or successours al such ryghte title interest possession rentes annulties fees offices comens rightes interestes petitions condicions all other hereditamentes which they or any of them may or mought claime of in or to any the said titles stiles names castelles honours manours landes tenementes liberties frācheses and other heredytamentes conteyned or mentioned in any suche letters patentes or laste wyll in as large and ample maner as if this acte hadde neuer be had nor made ¶ AND BE it fynally enacted by auctoritie afore said that this presente acte and euery clause article and sentence comprised in the same shal be taken and accepted according to the plaine wordes and sentences therin conteined and shall not be interpreted nor expounded by colour of any pretēse or cause or by any subtill argumentes inuentions or reasons to the hynderance disturbance or derogation of this act or any part therof Any thing or thinges acte or actes of parlyament
maner fourme or condition than it shall please the kinges highnesse with the aduise of his mooste honourable counsayle vppon consideration and examination of the state and disposition of his saide Iles and the common welthe of the same hereafter to establishe ordeyne and declare vnto them by his gratious letters patētes vnder his great seale And that the said letters patentes and euery thinge therin to be conteyned shall be of the same effecte strengthe and vertue as if they had bene passed and enacted by auctoritie of parliament any thinge in the said acte conteyned to the contrary in any wise not withstandinge ¶ An acte for restitution of the firste fruites in time of vacation to the next Incumbent Cap. xi FOr as moch as in the statute of the payement vnto the kinges maiestie his heires and successours First fruites of the first fruites of spirituall promotions offices benefyces and dignities within this realme and other the kinges dominions expres mention and declaratiō is not had ne made from what time the yere shall be accompted in which the first fruites shall be dewe and paiable to his highnes that is to witte whether immediately from the dethe resignation or depriuation of euery incumbente or from the time of admission or newe takynge of possession in euery suche promotion And also by reason that in the same statute it is not declared who shal haue the fruites tithes and other profittes of the saide benefices offices promotions and dignities spirituall durynge the time of vacation thereof dyuers of tharchebisshoppes and bishoppes of this realme haue not onely whan the time of perceiuynge and takynge of tithes that is to saye wolle lambe corne and haye and tithes vsuallye payde at the holye tyme of Easter hath approched differred the collation of suche benefices as haue ben of their owne patronage but also haue vpon presentations of clerkes made vnto theym by the iuste patrones protracted and deferred to institute inducte and admitte the same clerkes to the entente that they myghte haue and perceyue to theyr owne vse the same tythes growinge durynge the vacation Soo that through such delayes ouer and aboue the firste fruytes which be iustely dewe to the kynges highnes they haue bene constrayned also to lose all or the moste part of one yeres profites of their benefices and promotions and to serue the cure at their and their frendes propre costes and charges or vtterly to forsake and giue ouer their benefyces promotions to theyr greate losse and hynderaunce For reformation wherof it is ordeyned and enacted by the kinge oure soueraigne lorde with the assente of the lordes spirituall and temporalle and the commons in this present parliament assembled and by the auctoritie of the same that the sayde yere Vacation in whiche the firste fruites shall be payde to the kinges grace sha● beginne and be accompted immediately after the auoydaunce or vacatio● of any such benefice or promotion spirituall afore rehersed And that th● tithes fruites oblations obuentions emolumentes commodities aduauntages rentes and all other what so euer reuenues casualties or profites certayne and vncertayne affering or belonginge to any archedeaconry deanry prebende personage vicarage hospitalle wardeyneshippe prouosteshippe Chantries or other spirituall promotion benefice dignitie or office chauntries onely excepte within this realme or other the kynges dominynions growinge rysinge or comminge durynge the time of vacation of the same promotion spirituall shall belonge and affere to such personne as shall be thervnto next presented promoted instituted inducted or admitted and to his executours towarde the payment of the firste fruites to the kinges highnes his heires and successours Any vsage custome lybertie priuilege or prescription to the contrary had vsed or beinge in any wise notwithstandinge ¶ AND IT IS also enacted by thauctoritie aforesaid that if any archebisshoppe bisshoppe archedeacon ordynary or any other personne or persones to their vses and behoofe at any tyme heretofore sythe the first daye of May laste paste haue perceyued receiued or taken or at any time hereafter do perceyue receyue or take the fruites tythes obuentions oblations emolumentes commodities reuenues rentes aduauntages profittes or casualties commynge growinge or belongynge or whiche hereafter shall comme growe affere or belonge to any archedeaconrye deanrye prebende personage vycarage hospitall wardeyneshippe prouostshippe or other spirituall promotion benefyce dignitie or office chauntries onelye excepted within this realme or other the kinges dominions durynge the vacation of suche archedeaconry deanry prebende personage vycarage hospitall wardeyneshippe prouosteshippe or other spirituall promotion benefice dignitie or office chauntries onely excepted And the same vppon reasonable requeste from hensforth to be made doth not render restore satisfie Incumbent contente and paye to the nexte Incumbent beynge laufullye instituted inducted or admitted to suche archdeaconrye deanrye prebende personage or vycarage or other promotion benefice dignitie or office spirituall excepte before excepted or do let or interrupte the saide Incumbente to haue the same that then euery archebisshop bishoppe archedeacon ordinarie or other person so doinge shall forfaite and lose the treble value of so much as he shall then haue receyued of the fruites of euery prebend personage vycarage hospitall wardeyneshippe prouosteshippe or other spirituall promotion wherof he so shall perceyue receyue or deteyne lette or interrupte the Incumbent to perceyue receyue and haue the fruites tythes obuentions oblations emolumentes commodities reuenues rentes aduantages profittes or casualties The moytie of whiche forfayture shall be to the kinge our soueraigne lorde and the other moytie therof to the Incumbent of the same prebende personage or vicarage or other spirituall ●tion to be recouered in any of the kinges courtes by action bylle ●nte information or other wyse in which action or suite the defendante ●ll not be admitted to wage his lawe nor any protection or essoine shal be 〈◊〉 the defendaunte allowed ¶ Prouided alway that it shall be lefull to euery archebishop bishop arch●con and ordinary their officers and ministers to reteine in his or their ●todie so moche of the tithes fruites obuentions oblations emolumen●s commodities aduauntages rentes reuenues casualties and profites ●s shall amount to pay vnto such person or persons as hath or shall serue 〈◊〉 kepe the cure of suche archedeaconry deanry prebende personage Salary or vi●age or other spirituall promotion durynge the vacation his or their resonable stypende or salarie And also for the collection gathering and leuing of such tythes fruites emolumentes rentes and other profittes ry●ge and growing duryng the vacation aforesaid any thing in this acte ●teyned to the contrary in any wyse notwithstandyng ¶ Prouided also and be it further enacted by the auctoritie aforesaide that in case any of the incumbentes aforesaid happen to dye Glebe lādes and before his death hath caused any of his glebe landes to be manured and sowen at his propre costes and charges with any corne or grayne that then in that case all and euery
auctoritie of this present parlyament and not by vertue of any prouisiō or other foreyne auctoritie licence facultie or dispensation kepe enioy and reteyn their archebishoprikes byshoprikes in as large ample maner as if they had ben promoted elected confirmed consecrated according to the dewe course of the lawes of this realme And that euery archebyshoppe and byshoppe of this realme and of other the kinges dominions may minister vse and exercise all and euerye thyng and thinges perteyning to thoffice or ordre of an archebisshop byshop with al tokens insignes and ceremonies therunto laufully belonging And that al ecclesiasticall persons of the kinges realme dominions which at this time be taken had and reputed for abbottes priours abbasses prio●esses and other heades of religion whiche be not nother shall be excluded from their dignities by the late acte of suppression and the religious persons lyuinge vnder their obedience and all persons now taken and reputed as maysters presidentes prouostes and wardeynes of cathedrall churches and colleges with the companies and felowshippes of the same al prestes and clerkes which haue receyued any of the ecclesiasticall orders all archedeacons and deanes and other hauynge offices cures and dignities spirituall may by auctoritie of this act and not by the vertue of any forein power or auctoritie administer vse and exercise all thinges perteininge to their dignities offices ordres cures religions and felowshippes and maye laufully hereafter vse al tokens insignes and ceremonies which they haue ben accustomed to vse in times paste so it be not expresly agaynst the lawes of god and this realme any thing or thinges conteyned in any act or actes made sithen the beginninge of this present parliament to the contrary of any the premisses in any wise not withstanding ¶ And where diuers and many of the kinges said subiectes haue purchased and obteyned many dispensations bulles breues and faculties of the bishoppe of Rome for the tyme beynge or by auctoritie of the see of Rome as pluralities vnyons trialities appropriations commendams exemptions and other bulles breues and faculties for diuers causes and matters other than be afore expressed which be of no strength or vertue it may therfore please the kynges maiestie that it may be enacted by auctoritie afore saide that all and euery his said subiectes durynge the time of one hole yere next after the feast of saincte Michaell the archaungell nexte comminge maye enioy vse and haue by auctoritie of this present acte and not by the vertue of the said bulles breues and faculties al euery the effectes conteyned specified in such bulles breues and faculties in all such cases onely as may be dispensed with by the archebishoppe of Canturbury by auctoritie of the lawes and statutes of this realme ¶ And that it maye be further enacted by auctoritie aforesaid that all and euery the kinges said subiectes bryngyng rendrynge and delyuerynge to such persons of his counsell or of the maisters of his chancery as the kinges highnes shall name and appoynt any bulles breues or any other faculties concerninge any the premisses that then if it shall appere to such persons as the kinges highnes shall so name and appoynt to receyue such bulles faculties and breues after dewe examination therof had that the effectes conteyned and specified in such bulles faculties and breues or any part therof maye be laufully graunted by the saide archebyshoppe of Canturbury by auctoritie of the lawes and statutes of this realme that then in euery such case the kinges saide subiectes makinge humble suite to haue the effectes conteyned in the said bulles breues and faculties to be granted vnto them Chauncellor of Englande shall haue receyue and obteyne of the chauncellour of Englande or keper of the great seale for the time beinge by sufficient writing in dewe fourme to be made and to be sealed vnder the kinges great seale all and euery such effectes conteyned and specified in such bulles breues and fac●ties Archebisshop of Cant. as may be laufully graunted by the sayde archebisshoppe of Cant●bury by auctoritie of the lawes and statutes of this realme paying onel● for the sealinge of euery such writinge .xx. s .iiii. d. And ouer that for t● reasonable costes for peynes of the writinge therof .iii. s iiii d. and not ●boue and for the peyne taken for dewe examynation of euery suche bulles breues and faculties .iii. s .iiii. d. and not aboue And that this present act● shal be sufficient and immediate warrant to the chancellour or keper of the greate s● for thensealing and deliuerie of such licences faculties dispensations and other writinges which shall be made graunted and sealed vnder the kinges greate seale by vertue and auctoritie of this acte ¶ And it is also enacted by auctoritie afore sayd that all and euery suche lycence dispensation facultie confirmation or other writing to be had made or graunted vnder the kinges great seale out of the said court of chauncery by auctoritie of this acte in fourme as is aboue rehersed shall be good and effectuall to the saide parties suing for the same according to the tenor and effectes therof and shall be admitted accepted and allowed in all courtes and places of this realme and in all other the kinges dominions any vsage prescription foreyne lawes customes or ordynaunce to the contrary therof notwithstandinge ¶ An acte giuinge auctoritie to suche as shall succede to the crowne of this realme whan they come to the age of .xxiiii. yeres to make frustrate such actes as shall be made afore in their time Capitulo .xvii. FOr as moche as lawes and statutes may happen hereafter to be made within this realme at parlyamentes holden at such time as the kinges of the same shall happen to be within age hauynge small knowledge and experience of their affaires to the great hynderance and derogation of the imperiall crowne of this realme and to the vniuersall damage of the common welthe of the subiectes of the same Be it therfore enacted by auctoritie of this presente parlyament that if the imperiall crowne of this realme after the deceasse of the kynges mooste royall maiestie whose lyfe our lorde longe preserue discende comme or remayne to the heires of oure saide soueraigne lorde or to any persone to be limitted by his highnes as of very right it muste and ought to do Actes of parlyament according to the lawes of this realme established for the same the saide heires or suche personne beinge within the age of .xxiiii. yeres and that then any acte or actes of parliament shall happen to be made and establyshed in any parliament that then shall be holden before suche heyre or heires person or persones then being in possession of the said crowne shall be of their full ages of .xxiiii. yeres that then euery such heire or heires of ●de soueraigne lorde or such persone so possessed of the crowne and 〈◊〉 within the same age of .xxiiii. yeres shall haue full power and au●
heades ¶ And for sure corroboration therof be it further enacted by auctoritie afore saide that such person and persones as to whome it shall please your maiestie to dispose limitte and assigne your said crowne and other the premisses therto apperteininge by your letters patentes or by your laste wyll as is aforesaide shall haue and enioye the same after your decease and for lacke of heires of your bodie lawfully begotten according to suche astate and after such maner fourme facion order and condition as shal be therof expressed mentioned and conteyned in your said letters patentes or in your said last will in as large and ample maner as if such person and persons had be your laufull heires to the imperiall crowne of this realme and as if the same crowne of this realme had be giuen and limitted to them plainely and particularly by special names and sufficient termes and wordes by the full and immediate auctoritie of this your most high court of parliament ¶ And it is further enacted by auctoritie aforesaid that if any of your heyres or children hereafter doo vsurpe the one of them vppon the other in the crowne of this realme or clayme or chalenge your said imperiall crowne in any other fourme or degree of discente or succession then is afore lymytted by this act Or if any person or persons to whom it shal please your highnes of your mooste excellent goodnes by auctoritie of this acte to giue and dispose your said crowne and dignitie of this realme or the heires of any of them do at any time hereafter demaunde chalenge or clayme your saide crowne of this realme other wyse or in any other course fourme degree or condition then the same shall be giuen disposed and limitted vnto them by your highnes by vertue and auctoritie of this acte Or if any such persone or persones to whom your maiestie shal hereafter giue or dispose your said crowne by auctoritie of this acte or any of their heires do interrupte or let any of the heires of your maiestie that is or shal be begoten borne procreated vnder your laufull pure sincere and vndouted mariage nowe had and solempnised betwene your highnes and your said moste dere and entierly beloued wife quene Iane or any other your laufull heyres here after to be begoten of your body by any other laufull mariage peasably quietly to kepe haue and enioye the saide imperiall crowne and other the premysses by course of inheritaunce according to the limitation therof expressed and declared by this acte that then all singular the offendours in any of the premisses contrary to this acte Treason all their abbetours mainteinours fautours counsaylours and aydours therin shal be demed and adiudged high traytours to the realme And that euery such offence shall be accepted reputed and taken to be high treason and the offendours therin their aidours maynteinours fautours consaylours and abettours and euery of them for euery such offence shal suffre such iudgement and peines of death losses forfaitures of landes goodes and priuileges of sainctuary as in any cases of highe treason And ouer that as well your sayde heires and children as euery such person and persons to whom your highnesse shall limitte youre said crowne in fourme as is aforesaide and euery of theyr heyres for euery suche offence aboue specified by them or any of them to be committed shal lose and forfaite as well all suche righte title and intereste that they maye clayme or challenge in or to the crowne of this realme as heires by discent 〈◊〉 by reason of any gifte or act that shal be done by your highnes for his or their aduauncement by auctoritie of this acte or other wyse by any maner of meanes or pretence what so euer it be ¶ And be it further enacted by auctoritie aforesaide that if any person or persons of what astate degree dignitie or condition so euer they be at any 〈◊〉 hereafter by wordes writinge imprintinge or by any exterior acte or dede maliciously or willingly procure or do or cause to be procured or done directly or indirectly any thinge or thinges to the perill of your moste royall person or to the perill of the person of any your heires or successours ha●…ng the royall estate of the crowne of this realme or maliciously or wyllingly giue occasion by wordes writing print deede or acte wherby youre highnes or any your saide heires or successours hauyng the royall estate of the crown of this realme might be disturbed or interrupted of the crown of this realme Or by wordes writing print dede or act procure or do or cause to be procured or done any thing or thinges to or for the interruptiō repele or adnullation of this acte or of any thing therin conteined or of any thing that shall be done by your highnes in the limittation and dispotion of your crowne by auctoritie of the same Or by wordes writing print dede or act procure or cause to be procured or done any thing or thinges to the preiudice sclander disturbance or derogation of the said laufull matrimony solemp●…ised betwene your maiestie and the said quene Iane or any other your lauful wife or wiues hereafter by your highnes to be taken Or to the peril sclander or disherison of any of the issues and heires of your highnes being lymitted by this acte to enherite and to be inheritable to the crown of this realme in such forme as is aforesaid Or to the interruption or disherison of any such person or persons to whom your highnes shal assigne and dispose your said imperiall crowne by auctoritie of this act as is afore remembred wherby any such issues or heires of your highnes or such other persō or ꝑsōs might be distroied disturbed or interrupted in fame body or title of the inheritance to the crowne of this realme as to them is limitted in this act informe aboue rehersed or as to them shal be limitted and assigned by your highnes by vertue auctoritie of this acte Or if any person or persons by wordes writinge imprinting or any other exteriour acte directly or indirectly accepte or take iudge or beleue any of the mariages had solempnised betwene the kinges highnes and the said lady Katharine or betwene the kinges highnesse and the said late quene Anne to be good lauful or of any effect Or by wordes writing printinge or any other exterior acte directly or indirectly sclander interrupte empeche gaynsaye or impugne the lawefull iudgementes and sentences of the said most reuerende father in god Thomas archebishop of Canturbury and primate of all England for and concerning the deuorces and separations of the saide vnlaufull maryages or any of them Or by wordes writinge print or any other exterior acte directly or indirectly take accepte name or cal by any pretence any of the children borne and procreated vnder any of the saide vnlauful mariages to be legittimate and lauful children of your maiesty Or if any person
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
hensforthe extende and be as well within the soyle and places afore limited and appoynted for the same as also in all the strete or waye ledinge from Charinge Crosse vnto the seintuarie gate at westminster afore said and in all the houses buyldinges landes and tenementes on both the sides of the same strete or way from the said Crosse vnto westminster halle situate lyinge or being betwene the water of the Thames of the easte part and the saide parke walle of the weste parte and so forthe throughe all the soyle precincte and limittes of the saide olde palays ¶ AND THAT the saide palayce nowe made by the auctoritie of this acte shal from hensforth haue and enioy within the precincte limittes and boundes before expressed and declared of and for the same al such and like prerogatiues lyberties preemynences iurisdyctions and pryuyleges as to the kynges aunciente palaice within this realme haue at any tyme heretofore belonged vsed or of right apperteined And that the same olde and aunciēt palace of westminster from hensforth be reputed demed and taken only as a mēbre parcel of the said newe palaice made by this act as is aforesaid any prescription recorde or vsage heretofore had vsed or allowed to the contrary notwithstanding Sauinge to al and singular person and persons bodies polyke and corporate theyr heyres and successours and euery of them al such right title interest possession rentes reuertion remaindre distresse actiō lease leases graūtes annuiries suites petitions and conditions in such maner and fourme as they or any of them their heires and successours or the heires and successours of any of them haue had shulde myghte or ought to haue had in the premysses or any parcell therof if this acte had neuer ben had ne made any thynge in this acte conteyned to the contrary not withstandynge ¶ Prouided alwaies that this present act nor any thing therin conteined be in any wyse preiudicyall or hurtfull to Wyllyam Babyngton keper of oure olde palaice of westmynster his heires nor assignes for or concerning his said office but that it shall be lefull to the saide Wyllyam Babington his heyres and assignes to haue holde occupye exercyse and enioye the sayde office of keper of the sayde palaice at westmynster with all comodities profytes aduauntages and other emolumentes rysynge or growinge of the same office in as large and ample maner as if this presentt acte had not benne made any thinge in this presente acte to the contrary heretofore not withstandynge ¶ An acte compellynge spirituall persons to kepe residence vppon their benefices Cap. xiii WHere as in the parliament begonne at London the their day of Nouembre in the .xxi. yere of the reine of our souerayne lord king Henry the .viii. and from thens adiorned and proroged to the palaice of Westminster the .xvii. daye of Decembre than nexte ensuinge amongest other good actes and ordinances then and there by the auctoritie of the sayde parlyament it was establyshed ordeyned and enacted that as wel euery spiritual person then being promoted to any archdeconry deanry or dignitie in any monastery or cathedrall churche or other churche conuentual or collegial or being beneficed with any personage or vicarage as al and euery spiritual person persons which shuld after the feast of saint Mychaell tharchaungell whiche was in the foresaide .xxi. yere of the reine of our saide soueraigne lorde kinge Henry the .viii. Residence be promoted to any of the said dignities or benefices with any personage or vicarage shuld from the saide feaste of sainte Mychaell tharchaungell be personally residente and abydinge at and vpon his said dignitie prebende or benefice or at one of them at the least And in case any such spiritual person at any time after the saide feaste kepte not residence at one of his said dignities prebende or ●ices as is afore said but absent him selfe wilfully by the space of one ●eth together or by the space of two monethes to be accompted at seuerall tymes in any one yere and make his residence and abidinge in any other places by such tyme that then he shall forfayte for euery such defaulte 〈◊〉 sterlynge as in the same acte more playnely dothe appere In whiche a●e amonge other prouisions conteined and specyfyed in the same it was ●uided that the said acte of none residence shulde not in any wise extend 〈◊〉 be preiuditiall to any scholar or scholars Scholars beinge conuersaunte and abi●ynge for studye without fraude or couyne at any vnyuersytie within this realme or withoute as by the same prouysyon dothe also appere more at ●ge Sythens the makynge of whiche good acte and statute dyuers and manye personnes beinge benefyced with cure of soule as is afore sayde and beyng not apte to study by reason of theyr age or other wyse ne neuer ●tending before the making of the said act to trauaile in study within any of the saide vniuersities for the encrease of lerninge but rather mynding ●tending theyr owne ease singuler lucre pleasure by the same prouision ●ourably to defraude the same good statute ordinaunce do dayly cōmonly resorte and repayre to the said vniuersities of Oxen̄ and Cambrige and to either of them where they vnder the said pretence and colour of study doth contynue and abyde lyuinge dissolutely nothing profitinge them selfes by study at all in lerning but consume the time in ydelnes and in other pastymes and insolente pleasures giuinge occasion and euylle example therby to other yonge men and studentes within the said vnyuersities ●tell or nothinge regardinge theyr cure and charge of sowle contrarye to the mindes and entente of the makers of the foresaid good statute ordenaunce And also diuers and many old beneficed men haue do continually remayne there neuer exercisynge nor practisynge theyr lerninge to the example of vertue and mayntenaunce of the common weale in dyscharge of their conscience according to theyr duetie hauing neuertheles and occupieng such romes and commodities as were institute and ordeined for the mayntenaunce reliefe of poore scolers to the great hinderance and detriment of the same Be it therfore enacted by the kinge our soueraygne lorde with the assente of the lordes spiritual and temporall and the cōmons in this present parliament assembled that all and singular spirituall persone and persones whiche nowe be or hereafter shall be to any benefice or benefices promoted as is aforesaid being aboue the age of .xl. yeres the chancellour vychancellour cōmissary of the said vniuersities or any of them wardens deanes prouostes presidentes rectours masters principals and other head rulers of colleges halles and other houses or places corporate within the said vniuersities or any of them doctors of the chaire reders of diuinitie in the comon scholes of diuinitie in any of the said vniuersities onely excepted shal be residēt abiding at vpon one of their said benefices according to the entent true meaninge of the sayd former act vpon such peyne and penalties as
aboue rehersed Clergy Sainctuary the offendours shal not be admitted to haue the benefite of his or their clergie but be vtterly excluded therof and from the same and also of the priuilege of any sainctuary ¶ Prouided alway that this acte extende not to be preiudiciall or hurtfull to any person or persons for taking any vittaile gables ropes ankers or sayles whiche any such person or persons compelled by necessitie taketh of or in any shippe which may conueniently spare the same so the same persone or persones pay out of hande for the same vittaile gables ropes ankers or sayles money or money worth to the value of the thinge so taken or to delyuer for the same a sufficient byll obligatorie to be payde in forme folowing Straictes of Marrocke That is to say if the taking of the same thinges be on this side the straytes of Marroke then to be paide within .iiii. monethes And if it be beyonde the saide straites of Marroke then to be payde within .xii. monethes next ensuynge the makyng of such billes And that the makers of suche bylles well and truely paye the same dette at the daye to be limitted within the said billes ¶ Prouided alwaye that whanne so euer any suche commission for the punyshement of the offences aforesaide or of any of them shall be directed or sent to any place within the iurisdiction of the fyue portes Fyue portes that then euerye such commission shall be directed vnto the lorde wardayne of the sayde portes for the time beinge or to his deputie and vnto thre or foure suche other person or persons as the lorde chauncellour for the tyme beynge shal name and appoynte Any thynge in this present acte to the contrary notwithstandynge ¶ Prouided alway that whan so euer any commission shal be directed vnto the fiue portes for the inquisition and trialles of any the offences expres● in this acte that euery such inquisition and triall to be hadde by vertue of such commission shal be made and had by the inhabitantes in the saide ●e portes or the membres of the same any thing in this act to the contra● therof not withstandinge ¶ An acte for the release of such as haue obteyned pretended lycences and dispensations from the see of Rome Capi. xvi WHere the bisshoppe of Rome and his predecessours Byshoppe of Rome of his and theyr couetous and ambitious myndes to th entent to aduaunce and enriche them selfes and the see of Rome to the greate empouerisshynge of this realme of Englande and other the kynges domynyons contrary to goddes lawes the lawes and statutes of this realme and in derogation of the imperiall crowne of this sayde realme haue heretofore wrongefully pretended extorted vsed and exercised within the same diuers and many vsurped powers iurisdictions and auctorities durynge and by the which tyme the sayd bysshoppe and his predecessours arrogantly and iniustly haue taken vpon them for great summes of money and other profittes to them giuen to graūt vnto the kynges subiectes and other inhabitauntes within this realme and other the kinges dominions many diuers sundry auctorities immunities faculties priuileges lycences indulgences and preeminences of diuers kindes natures and qualities which all thoughe they proceded by an iniuste and vsurped auctorytie haue bene vnto nowe of late by the subiectes of this realme temerously and ignorauntly accepted receyued vsed erronyously put in excercise and execution the which vsurped auctoritie iurisdiction and power is nowe iustely trulye and ought to be clerely and absolutely extynguyshed extirped and abolysshed within this realme and other the kynges domynions And for as moch as all and euery such person and persons bodies polytyke and corporate which vnlawefully and without any maner of auctoritie or iuste grounde heretofore haue temerously and ignorantly accepted receyued vsed erroniously put in execution and exercise the said faculties immunities auctorities priuileges lycences indulgences and preeminences haue nowe sincere pure and perfite intelligence and knowlege of the said vsurped auctoritie iurisdiction and power And that the said faculties auctorities priuileges licences and indulgences so as is aforesaide accepted receyued vsed and erroniously exercised were ben to all intentes and purposes clerely voyde frustrate and of none effecte All be it if they shulde be impeached or interrupted of such priuileges liberties preeminēces auctorities iurisdictions profittes and other commodities which they now haue vse and exercise by colour of such vayne and voyde licences dispensations and faculties it shulde be to their intollerable inquietations and vtter vndoynge Wherfore be it enacted by auctoritie of this present parliament that al bulles breues faculties and dispensations Bulles Breues Faculties Dyspensatyons of what names natures or qualyties so euer they be of heretofore had or opteyned of the bishoppe of Rome or of any his predecessours or by the auctoritie of the see of Rome by or to any subiectes resiantes or bodies politike or corporate of or in this realme or of or in any other the kinges dominions shall from hensforth be clerely voyde and of no value force strength nor vertue and shall neuer here after be vsed ●dmitted allowed pleaded or alleged in any places or courtes of this realme or of any other the kinges dominions vpon the peynes conteyned in the statute of prouision and premunire made in the .xvi. yere of the reigne of king Richarde the seconde Yet not withstandinge at the mooste humble petition and intercession of the lordes spirituall and temporal and the commons in this present parliament assembled it maye please the kinges maiestie of his moste gratious benignitie goodnes and blessed disposition that it maye be enacted by auctoritie of this parliament that al mariages had and solempnised within this realme or in any other the kinges dominions Maryages before the thirde day of Nouember in the .xxvi. yere of the kinges moste gratious reigne wherof there is no deuorce or separation had by the ecclesiasticall lawes of this realme which mariages be not prohibited by goddes lawes limitted and declared in the act made in this present parlyament for the establishement of the kinges successiō or otherwyse by holy scripture shall be by auctoritie of this present parliament good laufull and effectual and shal be from the beginning of such mariages reputed estemed taken adiudged receyued approued allowed by the auctoritie of this present parliament to al and singular purposes effectes and ententes as good as sufficient and as vayleable as though no impediment of matrymony had euer ben betwene them that haue contracted and solemnysed such mariages And that all children procreated and to be procreated in and vnder such mariages shall be laufull to all intentes and purposes Archebishoppes and byshoppes ¶ And that it may be also enacted by the auctoritie of this present parlyament that all archebishoppes and bishoppes of this realme or of any the kynges dominions consecrated and at this present time taken and reputed for archebisshops and bisshops may by