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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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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●
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
hurtefull to any person or personnes that before the fyrst day of this parlyamente hath made any seaser or putte in any information in to any of the kynges courtes for any maner of forfayture doone or commytted by any person or personnes contrarye to the sayde estatute made in the saide thyrde daye of Nouembre the .xxi. yere of the reygne of our soueraygne lorde kynge Henry the eyght ¶ An acte for auoydinge of exactions taken vpon prentices in the cities boroughes and townes corporate Cap. v. WHere in the parliament begonne at London the third day of Nouembre in the .xxi. yere of the reigne of our moste drad soueraigne lorde king Henry the .viii. and from thens adiourned and proroged vnto westminster the .xvi. day of Ianuary in the .xxii. yere of the reigne of our said soueraigne lorde and there then also holden It was is recited that where before that time it was established enacted in the .xix. yere of our late soueraigne lorde king Henry the .vii. that no maister wardeynes and felowshippe of craftes or any of them nor any rulers of the gyldes or fra●ities shuld take vpon them to make any actes or ordinaunces ne to execute any actes or ordinaunces by thē before that time made or then hereafter to be made in disheritance or diminutiō of the prerogatiue of the king nor of other nor against the cōmon profite of the people but if the same actes or ordinaunces were examined or approued by the Chancellour treasorer of England or chief iustice of either bench or thre of thē or before the Iustices of assise in their circuite or progres in the shire where such actes or ordinaunces be made vpon peyn of forfaiture of .xl. fi for euery time that they do the contrary as more plainely in the said acte doth appere wardenies of felowshyps Syth which tyme diuers wardens and felowships haue made actes ordinaunces that euery prentice shuld pay at his first entre in their common hall to the wardens of the same felowship Apprentice somme of them .xl. s some .xxx. s some xi s some .xiii. s .iiii. d. some .vi. s .viii. d. som .iii. s .iiii. d. after their owne sinister mindes and pleasure contrary to the meaning of the said act made in the said .xix. yere of the reigne of the said late kinge Henry the .vii. and to the great hurte of the kinges true subiectes putting their children to be prentises It was therfore in the said parliament holden at westminster in the said .xxii. yere of the reigne of kyng Henry the .viii. established and enacted by the kinge our soueraigne lord Fraternitie● by the aduise of his lordes spirituall and temporall and of the cōmons in the same parliament assembled by the auctoritie of the same that no maister wardeines or felowships of craftes or maisters or any of them nor any rulers of fraternities shulde take from thensforth of any prentice or of any other persō or persons for the entre of any prentice into their said felowship aboue the some of .ii. s .vi. d. nor for his entree whan his yeres and terme is expired and ended aboue iii. s .iiii. d. vpon peyne of forfaiture of .xl. li. for euery time that they doo to the contrary the one halfe to the kinge our soueraigne lorde and the other halfe to the partie that therfore shall sue by action of dette information or otherwise and that in the action afore saide no protection or essoyne shal be allowed As by the same act amonges other thinges therin conteyned more playnely may appere Sithen whiche sayde seuerall actes establisshed and made as is afore saide diuers maisters wardeines and felowshippes of craftes haue by cautel and subtil meanes compassed and practised to defraude and delude the said good and holsom statutes causinge dyuers prentises or yonge men immediatly after their yeres be expyred or that they be made free of their occupatiō or felowship to be sworne vpon the holy Euangelist at their first entre that they ne any of thē after their yeres or terme expired shall not set vp or open any shoppe house nor sellar nor occupie as freemen without the assent and licence of the maister wardens or felowshippes of their occupations vpon peine of forfaitinge theyr freedome or other like penaltie By reason wherof the said prentices iourney men be put to as moch or more charges therby then they before time were put vnto for the obteininge and entering of their fredom to the great hurt and impouerishement of the saide prentices and iourney men and other their frendes For remedie wherof be it now by the auctoritie of this present parliament establisshed ordeined and enacted that no mayster wardens or felowshippes of craftes nor any of them nor any rulers of fraternities gildes or brotherhedes frō hensforth cōpel or cause any prentice or iourney mā by oth or bond heretofore made or hereafter to be made or otherwise that he after his apprentiship or terme expired shall not set vp nor kepe any shop house or sellar Iourney mā nor occupie as a free man without licence of the mayster wardeines or felowship of his or their occupation for and concerning the same nor by any meane exact or take of any such prentice or iourney men nor any other occupieng for them self nor of any other persons for them after his or their said yeres expired any sum of money or other thinges for or concerning his or their fredome or occupatiō other wise or in any other maner thē before is recited limitted appointed in the said former acte made in the said .xxii. yere of the reigne of king Henry the viii vpon the peyne to forfaite for euery time that they or any of them shal offend contrary to this acte xl.li The one half therof to the king our souerayne lorde the other half to the partie that wil sue for the same in any of the kinges courtes by actiō of det informatiō or otherwise in which suite or action no protectiō nor essoine shal be allowed for the partie defendant ¶ An acte for continuance of the statutes for beggers vacabundes and against conueyaunce of horses and mares out of this realme ageinst Welshe men making affrayes in the counties of Herff Glouc. and Salop̄ and against the vice of buggery Cap. vi WHere in the parliament begonne at London the third day of Nouembre in the .xxi. yere of the reigne of our most drad soueraigne lorde king Henry the .viii. and from thense adiourned to westmynster and there holden and continued by prorogation vnto the .xvi. day of Ianuarie in the .xxii. yere of our saide soueraine lord it was then in that session of the saide parliament an acte made and established declaring and concerning as well how aged poore and impotent personnes Vagab● compelled to lyue by al●rs shoulde be ordered as howe vacabundes and myghty strong beggers shuld be whipped and punished whiche acte was then made