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A74028 Anno. XXVIII. Henrici VIII. Actes made in the parliament bego[n]ne and holden at Westm[inster], the. VIII. daye of Iune, in the. XXVIII. yere of the reygne of our most drad soueraine lord kyng Henry the. VIII. and there continued and kepte tyll the dissolution of the same parliament the. XVIII. of Iuly, to the honour of God, and for the common weale and profyt of this realme.; Public General Acts. 1536-1537. 28 Hen.VIII England and Wales. Sovereign (1509-1547 : Henry VIII); Henry VIII, King of England, 1491-1547. 1545 (1545) STC 9394.7; ESTC S124830 54,327 56

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of the kinges poore subiectes For remedye wherof it is enacted by the auctoritie of this present parliament that the saide estatute made in the fyrste yere of kynge Rycharde the third and al other estatutes heretofore made for trewe gawginge and measuringe of wines Gaugynge of wynes and other licours oyles hony or any other lycours whiche estatutes afore this tyme be not repelled nor expyred shall stande in theyr strength and vertue and be put in due execution according to theyr tenors and effectes in euery behalfe ¶ AND ouer that be it enacted by auctoritie of this present parlyament that euery gauger within this realme shall trewelye and effectually within the limittes of his offyce gauge all the saide tonnes buttes pipes terses poncheons Gaugeour tercyans barrelles hogges head and rundlettes and shall playnely and trewly make vppon the head of euerye suche vessell the content of the same vppon peine to forfaite to the partie to whose vse the wine oyle or other thynge therin beinge shall be sold foure tymes the value of that that the vessell so marked shall lacke of his laufull contente aboue writen the same forfayture to be recouered ouer and besydes the costes of the sure by the kinges originall writte or by byll in any of the kinges courtes of his common lawes or in any competente courte hauynge iurisdyciyon in the place where that offence shal be committed by action or bill of dette in which action or suite none essoyn protection nor wager of lawe shal be accepted admitted or allowed to the defendant or defendantes And that euerye marchaunte or other personne sellinge the saide wine oyle or other thynge conteyned in the said vessell marked shall allowe of the price therof to the byer of the same for euery quantitie of wine oyle or other thynge conteyned in the saide marked vessell the ful valewe of the lacke therof beynge by reason of defaute of full gauge of the vesselle marked or of defaute of fyllynge of the same vessell or by reason of defaute of any of them after the rate of the hole price of the wine oyle or other thinge so beynge solde by that vessell marked and that vpon peyne of forfayture to the same byer the dowble value of the same vesselle and wine oyle or other thynge therin beynge so solde the same forfayture to be recouered to gether with the costes of the suyte in maner and fourme as the forfayture laste before written is lymytted to be recouered ¶ An acte for punyshement of pyrotes and robbers on the sea Capit. xv WHere traytours pirotes theues robbers murtherers Pyrates and confederatours vpon the sea many tymes escape vnpunisshed bicause the triall of their offences hath heretofore ben ordered iudged and determined before the Admiral Admyrall or his lieutenaunt or commissarie after the course of the ciuile lawes the nature wherof is that before any iugement of deth canne be yeuen agaynst the offendours eyther they must playnely confesse their offences which they will neuer do without torture or peynes or elles their offences be so playnely and directly proued by witnesse indifferente Robbers on the sea such as sawe their offences committed whiche canne not be gotten but by chaunce at fewe times bycause such offendours commytte their offences vpon the sea and at many times murdre and kylle such personnes beynge in the shippe or bote where they committe their offences whiche shoulde wytnesse ayenst them in that behalfe and also suche as shuld beare witnes be commonlye maryners and shipemen whiche bycause of their often vyages and passages in the seas depart without longe tarienge and protraction of time to the great costes and charges as well of the kinges highnes as suche as wolde pursue such offendours For refourmation wherof be it enacted by the auctoritie of this present parliament that all treasons felonies robberies murders and confederacies hereafter to be commited in or vpon the sea or in any other hauen riuer creke or place where the admyral or admiralles haue or pretend to haue power auctoritie or iurisdiction shal be inquired tried harde determyned and iudged in such shyres places in the realme as shall be limitted by the kynges commission or comissions to be directed for the same in like fourme and condition as if any such offence or offences had ben committed or done in or vpon the lande and such commissions shal be had vnder the kynges great seale directed to the Admirall or admiralles or to his or to their lieutenaunt deputie deputies Chancelloure of England and to iii. or .iiii. such other substantiall persones as shall be named or appoynted by the lorde Chauncellour of Englande for the time beynge from tyme to tyme and as ofte as nede shall require to here and determine suche offences after the common course of the lawes of this lande vsed for treasones felonies robberies murders and confederacies of the same done and committed vpon the lande within this realme ¶ And be it enacted by the auctoritie afore saide that suche personnes to whom suche commission or commissions shall be directed or .iiii. of theym at the least shall haue full power and auctoritie to enquere of such offences and of euery of them by the othes of twelue good and lauful inhabitantes in the Shire limitted in their commission in suche like maner and forme as if suche offences hadde benne committed vppon the lande within the same Shyre And that euery inditement founde and presented before such commissioners of any treasons felonies robberies murders manslaughters or such other offences commytted or done in or vpon the seas or in or vpon any other hauen ryuer or creke shal be good and effectual in the lawe And if any person or persons happē to be indited for any such offence done or hereafter to be done vpon the seas or in any other places aboue limitted that then such orders processe iudgement execution shal be vsed had done and made to and agaynst euery such person and persons so beinge indicted as agaynste traytours felons and murderers for treason felony robbery murder or other such offences done vpon the lande as by the lawes of the realme is accustomed And that the triall of such offence or offences if it be denyed by the offendour or offendours shal be had by twelue lauful men inhabited in the shire limitted within such commission whiche shall be directed as is aforesayde and no chalenge or chalenges to be had for the hundred Challenge And such as shall be conuicte of any such offence or offences by verdicte confession or proces by auctoritie of any suche commission shall haue and suffre suche peynes of death losses of landes goodes cattalles as if they had ben attaynted and conuicted of any treasons felonies robberies or other the said offences done vpon the landes ¶ And be it enacted by auctoritie aforesaide that for treasons robberies felonies murders confederacies done vpon the sea or seas or in any place
westm̄ within .xv. dayes nexte after suche presentment suspection or accusation had or made or in the first day of the terme next folowinge after such presentment suspection or accusation in such maner fourme as is afore rehersed And in case any ecclesiasticall or religious person being presented suspected or accused of any offence done or attempted contrary to this estatute be therof conuicted by confession or witnes before any archebisshoppe bisshop or arch●n or before any the commissaries vycars general or other their mini● in their seanes or visitations or before the kynges counsayle in the 〈◊〉 Chaumbre at westminster that then euery such spirituall and religi● person so being conuicte shal suffre suche peynes penalties and forfai●s as be expressed in the said statute made in the saide .xvi. yere of kinge ●harde the seconde ¶ It is also enacted by the auctoritie afore saide Ecclesiastical Iuge that if any ecclesiasticall ●ge or visitatour do voluntarily concele cloke hyde or colour any present● accusation or confession Visitour that shal be made to hym concerning this sta● and do not certifie euery such accusation presentment or confession be● the kinge and his counsayle in the sterred chaumbre at westminster in ●ch maner and fourme as is aboue specified in this estatute that then e●ry such ecclesiasticall iudge and visitatour so wilfully offendynge for e●ry such default shal forfaite .xl. li. the one halfe therof to the kinges high●s the other halfe to such person as will sue for the same by original wryt 〈◊〉 plainte or information in any of the kinges courtes in whiche suite no ●yne protection or wager of lawe shall be admitted nor allowed ¶ AND FOR stronger defence and mainteynaunce of this acte it is ordeyned and enacted by auctoritie afore saide that all and euery ecclesiasticall iudge ordynary chauncellour commissarye offycyall vycar generall and other ecclesiasticall officer or minister of what dignitie preeminence or degree soo euer they shall be And all and euery temporall iudge iusticyar ●yer bayliffe shereffe vndershereue eschetour alderman iurate constable hedborowe Thyrdborow borsolder and euery other laye officer and minister to be made created elected or admitted within this realme or any other the kinges domynyons of what estate ordre degree or condition so euer he shal be from and after the saide last daye of Iuly shal before he take vpon him the execution of suche office Othe make take and receyue a corporall othe vpon the Euangelystes before such person or persones as haue or shal haue auctoritie to admit him that he from hensforth shall vtterly renounce refuse relynquisshe or forsake the bishop of Rome and his auctoritie power and iurisdiction And that he shal neuer consent nor agree that the bisshop of Rome shal practise exercise or haue any maner of auctoritie iurisdictiō or power within this realme or any other the kinges dominions but that he shall resiste the same at all times to the vttermooste of his power Supreame heade of the Churche of Englande And that from hensforth he shall accepte repute and take the kynges maiestie to be the onely supreme hedde in erthe of the church of England And that to his cunninge wytte and vttermooste of his power without gyle fraude or other vndew meane he shall obserue kepe maynteyne and defende the holle effectes and contentes of all and synguler actes and statutes made to be made within this realme in derogation extirpation and extynguyshemente of the bishoppe of Rome and his auctoritie And al other actes and statutes made and to be made in reformatiō and corroboration of the kinges power of supreme hede in earth of the church of Englande and this he shall do ayenste all maner of personnes of what estate dignitie degree or condition they be and in no wise do nor attempt nor to his power suffer to be done or attempted directly or indirectly any thing or thinges pryuely or apartly to the let hinderaunce damage or derogation therof or of any part therof by any maner of meanes or for any maner of pretence And in case any oth be made or hath bene made by him to any person or personnes in maynteynaunce defence or fauour of the bisshoppe of Rome or his auctoritie iurisdiction or power he repute the same as vayne and adnichilate so helpe him god all saintes and the holy Euangeliste ¶ And it is also enacted by the auctoritie afore saide that all and euerye personne and personnes spirituall and temporall suyng lyuere restitutions or vtter le mayne out of the kinge his heires or successours handes or doynge any fealtie to his highnes his heires or successours or whiche shall be sworne to the king his heires or successours or that shal haue any office fee or roume of the moste gratious gifte of the kinges maiestie his heyres or successours or shall be reteyned in seruice with his grace his heires or successours shall make take and receyue the saide othe And that also all and euery religious personne at the time of his or their profession or entree into religion and euery other ecclesiasticall personne at the time of his takinge of orders and all and euery other personne which shal be promoted or preferred to any degree of lernyng in any vniuersitie within this realme or other the kinges dominions at the time of his promotion or preferment and euery of them shall make take and receiue the said othe before his or their soueraigne ordinary or the commissarie of such vniuersitie ¶ AND IT IS ALSO enacted by the auctoritie afore saide that if any personne or personnes lymitted or commaunded by auctoritie of this act to make the saide othe or commaunded by any other personne or personnes auctorised by the kinges highnesse commission vnder his greate seale or his seale ordeined for causes ecclesiasticall Treason to make the said othe obstinately refuse that to do that then euery such offence and contempt shal be high treason and the offenders therof being laufully conuicted shall suffre peynes of death and other forfaitures penalties and losses as is limitted and accustomed in cases of high treason by any lawes or statutes of this realme heretofore made ¶ PROVIDED alwayes and be it enacted that this acte nor any thing or thinges in the same rehersed mentioned or comprised be in any wise preiudicial hurtefull or derogatorie to the ceremonies vses and other laudable and politike ordinaunces Ceremonies for a tranquilitie discipline concorde deuocion vnitie and decent ordre heretofore in the church of Englande vsed instituted taken and accepted nor to any person or persons accordingly vsing the same or any of them ¶ Prouided alway and be it enacted by auctoritie of this pesente parliamente that this acte concernynge the bysshoppe of Rome or any thynge to be done by his vsurped auctoritie shall no further bynde nor extende to and vppon the kinges subiectes of his yle of Iersey Gernesey Iersey and Gernsey and Alderney in any other
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