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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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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
be within such place wher he maye haue knowledge of his sayde appearaunce to be made make defaulte and appeare not onles a reasonable cause or elles a reasonable excuse by the othes of two credible personnes before the sayde commissioners be truely alledged for his discharge that then euerye of them so makynge defaulte to be taxed to the kynge and Queenes Maiesties with and at the double summes of the rate that he shoulde or oughte to haue ben sette at for and after the beste value of hys landes or substaunce vpon him certified yf he had appeared by the discretion of the commissioners there beynge And whiche commissioners shall trauell with euery of the personnes so then and there appearynge whose names shall be expressed in the sayde precepte or preceptes and in whome anye vehement suspecte was or shall be hadde in fourme aforesayde by all suche wayes and meanes they can And that euerye spirituall person at the sayde taxations of the sayde Subsedye shall be rated and set accordinge to the rate abouesayde of and for euerye pounde that the same spyrituall person or any other to his vse hath by discent bargayne or purchase in fee simple fee tayle terme of lyfe terme of yeares by execution by warde or by copy of courte rolle in any manours landes tenementes rentes seruices offices fees corrodies annuities or hereditamentes after the true iuste and yearelye value thereof after and accordinge as other the kynge and Quenes Maiesties subiectes born within this realme be charged in sourme aboue remembred So that it extende to the yearely value of twentye shyllynges or aboue And yf any person certified or rated by vertue of thys acte be he commissioner or other to anye maner of value doth finde hym selfe greued wyth the same presentment seassynge or taxinge and therevpon complayne to the commyssyoners before whome he shal be rated seassed or taxed or before two of them That then the said commissioners shal by al waies and meanes examen perticulerly and distinctlye the personne soo complaynynge and other his neyghboures by their disrretion of euery his landes and tenementes aboue specified and of euerye his goodes cattells and dettes aboue mentioned and after due examynatyon and perfitte knowledge thereof had and perceaued by the sayd commissioners whiche shall haue power by the aucthoritie aforesayde the sayde commissyoners or two of them to whome any suche complaynt shal be made by theyr discretions vpon the oth of the sayde personne soo complaynyng maye abate defalke encrease or enlarge the same assessemēt accordynge as it shall appeare vnto them iuste vpon the same examynation And the same Summe so abated defaulked encreased or enlarged to be streated in fourme as hereafter ensueth so that he come before the estreates of the same assessynge be deliuered by the sayde commissioners into the kyng and Queenes maiesties escheker And if it be proued by wytnesse his owne confessyon or other lawefull wayes or meanes within a yeare after any such othe made that the same person so taxed and sworne was of any better or greter value in lands goods or other thynges aboue specifyed at the tyme of hys sayd othe then the fame person so sworne did declare vpon his sayde oth that then euerye such person so offending shall lose and forfeyte to the kyng and quenes maiesties so much in lawefull mony of Englande as the said person so sworne was set at or taxed to paye And al persons set rated and taxed as is aforesayd shal be bound and charged by the same and the somme or sommes vpon hym set to be due towardes the payment of the sayde Subsedy and to be leuied as hereafter shal be specified And also it is enacted by the same aucthoritie that euery person to be taxed at the same taxation as is aforesaid shal be rated taxed and set and the somme on him set to be leuied at such place wher he and his famylye at the tyme of the same presentment to be made shall kepe hys house or dwellyng or where he then shal be mooste conuersaunte abydynge and resyaunte or shal haue hys most reforte and shal be best knowen at the tyme of the sayde certificate to be made and no where els And that no commissyoner for thys Subsedy shal be rated or taxed for his goodes or landes but in the Shire and other place where he shall be commissioner And that yf any person chargeable to thys acte the tyme of the sayde assessyng happen to be out of thys realme and out of Wales or farre from the place where he shal be knowen then he to be sette where he was last abydynge in thys Realme or within Wales and best knowen and after the substaūce and value and other profites of euery person knowen by thexamination certificate and other maner of wyse as is aforesayde The sayde commissioners or as manye of them as shal be appoynted by the kyng and quenes Maiesties commission shall after the rate aforesayd set and taxe euery person according to the rate of the substaunce and value of his lands goodes and other proffyttes whereby the gretest and most best somme accordyng to his mooste substaunce by reasonne of thys acte myghte or maye be sette or taxed PROVIDED alwaies that euery such person whych shal be set or taxed for payment of and to this Subsedy for and after the yearely value of his landes tenementes and other real possessions or proffites at the sayde taxations shal not be sette and taxed for his goodes and cattels or other moueable substaunce at the same taxation And that he that shall be charged or tared for the same Subsedy for his goodes cattels and other moueables at the same taxation shall not be charged taxed or chargeable for his landes or other real possessions or proffits aboue sayd at the same taxation nor that anye person be double charged for the sayde Subsedy neither set or taxed at seuerall places by reason of thys acte any thing conteined in this presente acte notwithstandyng AND that it be ordeyned by the same aucthoritie of thys present parlyament that no person hauynge two mansions or two places to resorte vnto or calling him selfe householde seruaunte or waitinge seruaunt to the kyng and quenes Maiesties or other lord or lady maister or maistres be excused vpon hys saying from the raxe of the said Subsedy in nether of the places where he may be set onlesse he bring a certifycate in writyng from the commissioners wher that he is soo sette in dede at one place And if any person that ought to be set by reson of his remouyng or resorting to two places or by reason of his saying that he ells wher was taxed or by reason of any priuilege by his dwellynge or abydynge in any place not beyng forprysed in thys acte or otherwyse by hys couine or craft happen to escape from the sayde taxations and be not set and that proued by presentment examination or informatiō before the same commyssyoners or asmanye of them
the limits of the same theyr comission or in suche limits as the high collectors shal be so seuerally assigned shal vnder their seales and signes manuel deliuer one estreat indented in perchemente to euery of the said high collectors comprising in it the names of al such persons as were assigned to leuy the sayd perticuler summes and the summes of euery hundred wapentake towne or other place aforesaid with the names and surnames of the persons so chargeable according to the estrete so first therof made as is aforesaid and deliuered and the collectors so to be assigned shal be charged to aunswer the hole summe comprised in the said estreat limitted to his collection as is aforesayde Prouided alwayes and be it enacted by the aucthoritie aforesayd that the sayd comissioners hauinge auctoritie by this acte to name and nominate the sayde high collectors of the sayd subsedy shal immediatly vpon the nomination and election take by auctoritie of this presente parliament sufficient recognisaunces or obligations without any fee or rewarde to be payde therefore of euerye person so by them to be named to be high collectours to be bound to the kynge and quenes maiesties in double summe of the summe of his collectiō and to be indorced and made vpon such condition that is to say for the collectiō of the same paiment of the sayd subsedy that if the sayd collector his heyres or executors do truelye content and pay to the vse of the quenes maiestie her heyres or executors in receipt of the said eschequer before the said .xxiiij day of Iune next cominge so muche of the sayd summe of mony allotted and appointed to his collection as he shall collecte and gather and contente and paye the residue of his collection and charge within one moneth next after such time as he hath gathered and collected the same residue that then the saide recognisaunce or obligation to be voyde or elles to stand in full strength and vertue whiche sayd recognisaunces or obligations so taken the sayd comissioners shall seuerallye certyfye and deliuer into the king and quenes maiesties eschequer with the seuerall certificates of the sayd taxations and rates of the paymentes of the said subsedy at and by the tyme to them prescribed and appointed by this act for the certificate of the taxation of the sayd subsedye vpon payne of forfeyture of .x. poundes to the kynge and quenes maiesties for euery recognisaunce or obligation not certified and that euery such collector so elected named and chosen vpon request to him made shall knowlege make the sayd recognisaūce or obligation vpō like pain of forfeiture of .x. poūds to the king quenes maiestie for the refusal therof And euery such collector so deputed hauing the said estreate in perchement as is aforesaid shall haue auctoritie by this act to appoint dayes and places within the circuit of his collection for the payment of the said subsedy to him to be made and therof to gene warninge by proclamation or otherwyse to all the sayd constables or other persons or inhabitaunts hauing the charge of the perticuler collectiō within the hundredes parishes townes or other places by him or them limitted to make payment for theyr sayd perticuler collection of euery summe as to them shal aperteyne and if at the sayd day and place so limitted and prefixed by the sayd collectour the said constable officer or other persons or inhabitauntes as is beforesayd for the said perticuler collection appointed assigned within such hundred citie towne or other place do not pay vnto the sayde collectours the sūme within theyr seueral hundreds townes parishes and other places due comprised in the said estreate therof to them deliuered by the said comissioners or some of them as is aforesayd or so much therof as they haue by any meanes receiued ij d. of euery pounde for the said perticuler collection as is beforesayde alwayes to be therof allowed excepted and abated that then it shall be lawful to the said high collectours and euerye of them and to theyr assignes to distraine euery of the sayde constables officers and other inhabitantes for theyr sayd seueral and perticuler collections of the said summes comprised in the sayd estreat and writing therof to them and euery of thē as is before expressed deliuered or for as much of the same summe as so then shal happen to be gathered and leuied and be behind and vnpaid by the goods and cattels of euery of them so being behind and the distres so taken to be kept apraysed and sold as is aforesaid therof to take and leuy the summes so then being behind and vnpayd and the ouerplus coming of the sale of the sayd distres if anye be to be restored and deliuered vnto the owner in fourme aboue remembred Prouided always that no person inhabitinge in any citie borough or towne corporate shal be compelled to be an assessour or collectour of or for any part of the sayd subsedy in any place or places out of the sayd citie boroughe or towne corporate where he dwelleth And it is also by the said auctoritie enacted that if any inhabitaunte or officer or whatsoeuer person or persons charged to and for the collection or receypt of any parte or portion of the sayd Subsedy by any maner of meanes according to this acte or any person or persons for them selues or as keper gardian deputy factour or attourney of or for anye other person or personnes of anye goodes and cattelles of the owner therof at the tyme of the sayde asseassyng to be made beyng out of this realme or in anye other parties not knowen or of and for the goodes and cattels of anye other person or personnes of anye corporation fraternity misterye or other whatsoeuer cominaltye beynge incorporate or not incorporate and all personnes hauing in theyr rule gouernaūce and custody any goodes or cattells at the tyme of the sayd assessyng to be made or which for any cause for and by collection or for him selfe or for any other or by reason that he hath the rule gouernaunce or custodye of any goodes or cattels of any other person or persons corporation cominaltye or fraternitie guild or mistery or any such other like or as factoure deputie or attorney of or for any persō shal be taxed rated valued set to any summe or summes by reason of this acte and after the taxation or assessing vpon anisuch person or persons as shal be charged with the receipt of the same happen to die or depart from the place where he was so taxed and set or his goodes or cattels be so eloined or in such pryuye and couerte maner kepte as the said person or persons charged with the same by estretes or other wrytynges from the sayde commissioners or asmany of them as shal be thervnto apoynted by the sayde commission as is aforesayde canne ne may leuy the same summe or summes comprised within the same estretes by distres within the limits of theyr
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
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