This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project
to make the world's books discoverable online.
It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover.
Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a library and finally to you.
Usage guidelines
Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask that you:
+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for
personal, non-commercial purposes.
+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the
use of public domain materials for these purposes and may be able to help.
+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.
+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.
About Google Book Search
Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web
at|http : //books . google . com/
s^»
MS
^niMMVii*«MtaM
THE
^tatute^ at lut^t
From the Firft Year of K. Richard III.
TO
The 31ft Year of K. HfeNRY VIII. iatlufive.
BY
DANBT PICKERING, of Gray's Inn, Efqi
1 I
-> THE ,
FROM THE
Firft Year of King Ricjjard III,
TO TIfE
Thuty-firft Year rfKii^ HENRY VIII. indufivc
To whidt is prefixed,
A TABLE contsumng the TITLES of all the STATUTES
during that Period.
VOL. IV.
By DANBY PICKERING, of Gra/s-Inn, Efqj
Reader of the Law LeAure to that Honourable SodeQr.
CAMBRIDGE^
Printed hj JOSEPH BENTHAM, Printer to the UNIVERSITY^
for CHARLES -BATHURST, attheCrob-Keys, oppofiteSt.Dunftan'*
Qnifch in Fleet-Street, London. 1763.
CVU FRIFILEGIO.
• >1F ~ <:.
■ lit .'.
. .. Tf
.III Ci>l,' r. ; .
.Li.ri:
;:.i I •;.-•;:
; •. I c
I- <
Table of the STATUTES,
^ontsdning the Titles of all fucK A€ts as are extant in prinf ^.
from the ift year of K. Richard III. to the 31ft of
k. Henry Vtll both inclufivej
/inho I iiicbardi 3.
Cap. I. An aA for thebettei:afiufance
of eftates to be made fay feofibrs to
iifcs.
Cap; 2« Thi fubjeas (hall not be
charged by any benevolence, &c;
Cap. 3* For admitting. perfons fiif-
peAed of fcbny to bail; for in-
quiry of efcapes of fdonft; and that
no officer (hall feize the goods of
a prifonef bdfdre he is convi<£ked ctr
attaint^.
Cap. 4. OT the fufficicncy of jufdrar
in the (hcriff's turn.
Cap. 5. Thofe lands whereof the.
Kin^ was enfeoffjsd to the ufe of
others, ifiall Ve({ in Iiich perfons.
Cap. 6. An iA to make pei-pemal the
fbttute of ly Ed. 4. c.2. concerning
proceedings incourtd of pipoVrders.-
Cap. 7. Who (hall be bound by a
fine levied b^re the juftices of thd
comnfoit pl6^s: and proclama-
tions ttlzdt thereof.
Cap. 8; Coqceming the ihakinlg of
dofh ; arid th^ aulneger.
Cap. 9. . Agaiinft Italidns felling their
mercbandifes by retail^ alia other
reftraints 6f aliens.
Cap. I a. The ffatute of 22 Ed.^^c;^.
probi^ting the importation of
wrought laces of filt: continued for
tenyear^., . ^
Cap. II. Ten fcow-ftavcs (hall be
broaght into this realnt for cvciy
, butt 6f malthfifey, or tyre.
Cap. 12. Agaiinft the importation of
certain lAerchandifes ready wrought.
Cap. 13. The contents ofveflTelsof
wine and oih
Vol. IV.
Cap. 14; For relief of the colIeAor^
ofdifmes of the clergy.
Gap. 15. Arefumptionofallgrants,-
eftates, &c. made to ElizabetbG fi
late (^een of England^
Private Am.
Anm\ Ricbardi 3;
i. TitUks Regius; under whicU ti-
tle all the reafons and allegatiori^
devifed to prove the King to be
tru€ and undoubted heir to the
crown, are fet forth at large, and
the fame allowed, ratified, and
enaAed by thelord^ind commonsi
^nd bis brothers children made
baftards.'
i. An aa fof the King to have the
lands and po(rcflions of HenryduM
of Exeter J and of t*te dutchefs his
Wife;
3. An aiift fdr the attainder and con-
Yi<aion of Henry dnkt of Buciing-^
hatn^ John hidtt^f df E^^ miliant
Knevitty John Rujbe, T%omas Nan-^
dike^ HenijtSLtl of Richmond^ Jajper
4arl of Pembroke^ George Brownti
Thomds^ Lewien&r knight^ Jcbtt
Gul/ord, and many more;
4. An a6t 10 enable the ifing td,
make grants of the pofiefiions of
the perfons attainted;
$. An aft for the attaiinder of thd
, bi(hoJ}s of Efyy Sanunj and Exeten
6>. An ^a aigainft Margaret countefar
6f Richmond.
7. Ah aft for the a:ttaWcr of
fValter Rober.
8. An a6t for the archbi(hop of
Canterbury to enjoy the rent of ii//
A TABLE of Ac STATUTES.
128. per annum out of the msuior
oUfHlde.
9. An aA to reverfe the attaiodera
made by King Hmry the Fourth,
againft Thomas Percy earl of Wor*
€ifier^ ^xAJimryPirqtxAQfNor^
immberkmd^
10. An a£t for viftount L&vel to
have and enjoy the manors of
Thorpe^ JVatervile^Swinkk^Achircb^
Md <ibihl/lcn^ kt the county of
Northampim^^i.
, li. An ad for Jmus TtrreLi ^d
Jmu hia wife^ cbughter and heir of
JAnAmnMf toudiing; the lands
of Arundellj being now attainted.
22. An a£t for the provoft and fel«
lows of the college of Saint Andrew
of Neatberctffier in Yirkj for the en-
' joying of £orty acres of land, upon
part whereof the collage is builded.
13;. An a£t for ceofirmationof letters
patents made by King EduMrd the
Fourth to the college of F^Hngbef.
24. An aift for the city of tignUrhiryj
touching the aldermanry lands^ and
aldermsm oi Wejlgatey and other
things in the city ofCanUrhirj.
. I5« An aft of nsi(timtion of Jobn Dut-
rant of CollevHften to all bis lands
and tenements.
l6. An adl for the inhabitants of the
town of 0^«;A7>iJio have the games
and marks of fwans.
27. An aA touching the executors of
John Dm mercer <^ London.
x8. An a<St that the King (hall have
wardthip of lands hofden of the
duchy of Lcmcefiir by knights fer-
vice, notwithftanding the fruft
put in other prions*
Anno I Hen, 7.
• Cap. r. An aA forinaintaining a for-
medon againft the pernors of the
profits of land conveyed to ufes.
Cap. 2. AFiens made denizens Ihall
pay fuch cuAoms as they did before.
Cip. 3. -No prote<5tions (hall be al-
lowed by any court at Cahiu '
Cap. 4. An ad to punilh priefts for
incontinency by their ordinaries.
Cap, 5. An at^ for regi^lation of tan-
ners, cordwainers, and curriers.
Cap. 6. A pardon for all who aflKled
the King againft Ekbari\iS». duke
of Glou^fter.
Cap. *]. An a6t for {>uni(h^em of
offenders in huhting by night or
difguifed.
Cap. 8. No Gqfcoigne or Gmen wines
inall Be imported but by Englijb^
fFiffii OP irifi^ mariners andihrps.
Cap» 9* For reviving the flatute of
22 Ed^ 4. (. 3. for twenty years,
veftrainins the importatioa d
wrou^t boeSf &c.
Cap. xo« For revocation of the pe-
naltie$ in the^^/. IL 3. tmehing
hnliam.
Priviae Ms.
Anno I Hen. f.
1. An aA concerning the annexing
the duchy of Lancqfter^ and Com-
iuatty &r ar.
2. An a6l for the reltitution of divers
perfons in the time of Richard ikt
Third attainted.
3. An aft of conviftion and attainder
of John late duke of Narfolky Tho-
mas earl of Surrey^ Francts vitcoMut
Lovellp Walter jDevereuic knight late
lord Ferrers^ John lord Zotuhe^ and
. divers others.
4. An aft for the duke of Bedford^
and others.
5. An aft for Hemy lord Clifford,
0. An aft for William vifcount Beau^
. moHt.
7. An aft for Jobn earl of Oxford^
and others.
8. An aft for Jane Mayy and others.
9. An aft for the duke of Bedford.
10. An aftfortheduchofsof jBfi^/vi.
11. An aft for the countefs c^Hich-
mond.
12. An aft for Edward^ toil and heir
of Henry duke of BtHkingham.
13. An aft for John\oxd mils.
J4» y/r-
A TABLfi of dit STATUTES
t4» Artitnha JurMa in parBammtc,
1$. Thereftitatioo oiibnry the Sixth,
the duke oi Bedfirdy the duke of
Stmn/ity and others.
i6. The reftitntion ofQueen BSsut-^
baby late wife of Edwcri the
Fourth.
17. Adrndkiio aOut^ (ft.
io« An aA far aukhcmng all letters
pateats made by the King, <tf the
lands of peribns attainted.
19. An a(5t for jOlen CatWalL
%o. An ad for Hmry KirUy fitn tf
RicbordKkUf.
%i. An aa fcnr miBam BnmM
knight.
22. An aa for Jami StanUj^ derk.
23. An aft for /ufawtt/ c;fef#, and £/f-
ztAitb his wife^
24. An aft for R9g& Hftrpii
25. An ad for the leftitution iiiTU^
mas Otwunde knight.
26. An aft for Hugh iMiirMl
27. An wBtfacffWiam Kntuett:
28. An aot for the earl of D^im.
29. An act for tkc Khig^s lioii(hold«
30. An act for the King's great
• wardrobe.
31. An act for Nithdks Ymtx fon ind
heir of Sv WiUiam f^atix.
S2. An act for the fold Hungitford;
33. An act for Johamu FawUri
widow.
34* An ace karTbims Dildhundi
35. An act for Anrn Pympi.
36. Anaot for Thmat MyU.
37. An act for Bimuni Rjo0Si imi of
nmas]ocAIU$$i
38. An act for MargonKomub of
Ridnnmd^ the Ki^'s mother^ and
far Th$ms earl of Derby her hvf-
band.
$9. An act for Lenonme HIL
40. An act for John Wtfton^ prior of
the hofpital oF Saint Jfbn of Jam-
fakm in England.
41. Anact for iZ^^/ Cfr^.
42« An act for reftitution of T!hmai
Grwf knighty late marouefs Dorfit.
43. An aft for Sir William Stanlif
fentgbltf
44« An act for Sir JohuFirn^ kni^t^
and Margarit his wife.
45i An act of reftitution (or John Ttif*
ham.
46. An act for th^ heirs (tf Sir Gmt^
jSr^tmi^fcnidKt.
47.Anactfor SirJ^^ Siftaloakxa^^
4k An att for tvittiam Troutibidt^
49. An act of reftitution for Maget^
BiUingbam.
56. An act for Blanihi Nitrill to cnjo^
certain lands, noTwithflaftdidg M
recovcry-
51. Another the lifae act for Margnif
Bethtt^ John Blaekborm^ and his
wife.
52. Ah act for RMUrt WiltoMgUff
knight, and Bliiabith his wtfe, aid
others.
J3. An act of reftitution fohrlF^Kuzst
Dof^itt.
54. An actdrreftitutioii forj^^^
(Ott.
54;. An iict thai EdwaI'd BllifnuTi.
may ei^pv osrtaih la^ds^ ndtwith^
ftslnding nis releaft^
56. An aift of tftffticutiori ixxJobnBid^
57* An act of feltitutibn for Ti^MA?!
Agard and his wife.
58. Another act for John Biommmt.
59. An aot far Richard PkffiUgby aod
JobaHi his wif?. i, .
60. An ztt far the inhabitants of the
Ifle of Teneiti to build a bridge at 4
place called the &flft/ jPifrry.
61. An wctUxJohn Fojlet cfquire;
62. An act for the mayor; bailiffs^
tfnd citizens of the cityof »!«-•
cbe/leir.
63. An act fof JShn Lmhi
64. An act of refumption of lands^
tenements, and other thti^.
Anno 3 Hen. 7.
Cap. I. Concern'mg the authority 6f
the court of ftar-oiambar^
a 2 c»p. a;
A TABLE of the STATUTES.
Cap. 2. Tfaecarrang away a woman
againft her will made felony.
Cap. 3. For letting prifoners to bail
in certain cafes.
Cap. 4« AH deeds of gift made to de-
fraud creditors (hall be void.
Cap. 5. All bai^ins named dry ex-
change, whereby any certain fimi
may be loft, (hall be void.
Cap. 6. Againft unlawfiilchevifancey
uftiry, and brokage.
Cap. 7. Concerning the ordering and
recovering of cuftoms.
Csm. 8. That merchants aliens, &c.
mall emplOT their money on mer-
chandifes ot this realm.
Cap. 9. Freemen of London may car-
ry their wares to any fairs or mar-
kets.
Cap. lo. Cofts, &c. (hall be given to
the plaintiff where the dmndant
fues a writ of error before execu-
tion.
Cap. ir. No woolen cloth (hall be
eiqxirted before it is duly manufac-
tured.
-Cap. 12. The King's officers (hsdl
not be retained by liveries, &c.
with others.
Cap. 13. Concerning the price of
long bows.
Cap. 14. Confpiring to de(faroy. the
jkline, or certain officers of his
home or council, made felony.
Private AUs.
Anno 3 Hen. 7.
. I. An. 2&. for the confirmation of
letters patents made to the
Queen«
2. An a£t that the Queen may fue in
her own name, and for connrmati-
on of letters patents made to Mar^
garet counttkof Richmond.
. 3. An act for G/^r^^^ifr^ knight, and
Margaret his wife.
4. An a\5t for a |:aol to be kept at
Lnves for the (hire of Suffix.
5. An adt for the abbot and covent
of Malmefiury.
6» An z& for the culbdyof the lanih
and tenements of vifcount Bea-
7. An ad for the prior of the monaf-
tery of St. ^^^21^7 Magdalene in
Monckbretton*'
8. An ad for the mayor and citizens
ofthedtyxifnr*.
9. An ad for the mayor, (heriffs,
bailiffs, and commonalty of the
town of Bri/ioly fi>rpavmgof the
(bftets there.
10. An adt for Jnne countefs <£lVerr.
11. An a<a for Thomas PuUer.
12. An aa for Roger Wake.
13. An ad fcMT the town and cafUeof
BervalUk.
14. An ad fox the town andcaftle of
Cahni^ and for continuance of the
ftaple there*
15. An ad for the attainder oi John
earl of Uncobi^ Sir Thmas Breugh-
tony and divers others.
16. An ad for two fifteenths and
tenths to be granted to the King.
17. An ad to enable feoffees in truft
to fue for the benefit of 'the feof-
fors, although they be outlawed.
18. An ad for the attainder of John
SpynellmA others.
19^ An act againft Thomas Penejlon
and others.
20. An act of refumption of the of-
fices or places of receivers, audi-
tors, cuftomers, collectors of cuf-
toms, . fubfidies, comptrollers,
fearchers, fiirveyors, and places
of other officers, accomptants to
the King.
Anno 4 Hen. 7.
Cap. I, An act for conimiflions of
fewers
Cap. 2. For ordering the refiners of
gold and filver.
Cap. 3. Againftbutcherskillifgbeafts
in walled towns, &c.
Cap. 4. Concerning protedions and
immunities for thofe who (hould
be in the King^s fcrvice in Britain.
Cap. s.
A TABLE of the STATUTES.
G^ c. Tot repeal of letters patents
to diicbarge fpiritual perfons from
the payment or colleAion of dif-
Cap. 6. For repeal of all grants of
offices in the foreft of Ingkwofdy
faving to the lord Dacn and the
earl S N9rthumberland.
Cap* 7* That grants of fees to certain
officers about the King (hall be no
longer in force than they give their
attendance.
Cap. 8. For limiting the prices of
cloths fold by retw.
Cap. 9* For the prices of hats and
caps.
Cap. 10. That wine and Tbokufi
woad ihall be imported only m
EngUJb (hips, &c.
Cap. XI. Concerning tl^e buying of
wools.
Cap. 12. That alljuftices of peace
inall ezecpte their commiffion, re*
drefs injuries, and maintain the
laws.
Cap. 13. Concerning the allowance
of benefit of clergy t
Cap. 14. All grants, &e. ciznywr-
eel of the earldom of Afar^h ihall
be fealed with the neat feal.
Oqp* if^ That the lord mayor of
Lnmift Ihall have like conferva-
tion in all breach and overflowings
of the 71&tf9v/» as he has within th<i
Eone river.
Cap. 16. Agaioft takiq^ more farms
ttunone ui the ^ tStTtgbu
Cap. 17. That the h^ of Oftujfu
ufij noldine lands bv knight*ler«
vice, fliallbein ward.
Cap. 18. That counterfeiting forei^
GcSsk allowed to be current in this
realm Audi be treafon.
Cap. 10. For maintenance of huf-
banmy.
Cap. 20. That a profecution of
aiftion popular by coUufion, (hall
be no bar to others fued bona fide.
Cap. 21. For prefervation of the
breed and fry of ^ in Oxford Ha--
vcn in Suffdt,
Cap. 22. Concerning broiderers and
Venice gold, &c.
Cap. 23. Againft the exporting any
gold or fiiver.
Cap. 24. How often a fine levied la
the common pleas Ihall be pro«
claimed, and then, who Ihall be
bound thereby.
Private A^s.
Anno 4 ///». 7«
I. An act of rdtitution fi}r Thenm
earl of Surrey.
ft. An aa for the earl of N^ini-
bam*
3. An act for thereftitutionfor Henry
Beamende*
4. An act for Richard Natrfim.
5. An act of reifitution tor Richard
ReveU.
6. An act for jyiliiam ParfonSj James
Mgb^ and others.
7. Ap act of reftitution for the lord
Ferrers,
$. An act of reftitution for Thomas
Lacy and his wife.
9. An act for Oliver Saint John efq;
10. An act for JSHen Holt^ and ABen
Holt..
I I. An act for JFilliam Stanley knight.
12. An act for die tranfmutation and
paffing of lands without fine, by
fuch perfons as pafs over the feas
in the King's yoyase, ^
13* An act for a fub&iy to be grant-
ed to the King.
14. An act of reftitution of J^n lord
Zeuche.
15. An act of reftitution of Robert
Percy.
x6. An act of reftitution oi Henry
Spencer.
17. An act for the earl of ftfrrr^.
15. An act for Geerge earl of Shrewf-
bury.
19. An aft for Thomas Ferrys^ efq;
and Anne his wife.
20. An aft for the college of AH Souls
in Oxford.
21. An aft for the inhabitants of the
town of Soutbwolde,
a 3 22. An
A TABLE of the STATUTE*,
gta. An aft for the inhabitants of tl|e
town of NortbamptM.
%$. An xSt for the inhabitants of the
town of Leicefter, .
H4. An ad for the expences of tbe
King's houiholdl
^5* An ad for the reftitudon oiAnnf
and EUzaieth Braiinbufy.
7,6. Anadforthecoventofthemo-
naftery of St. Andtew in Nortb-
C7ttpton» •
97* An aA for Sir Edmmd GprgiSj
knight,
. f 8. An ad for die proToft and fcho-
lars of the King's college in Cam^
brUgi and Eaitn.
%(). An ad of attainder of the abbot
of Abbwgtott^ Join J^^xyney and
otherst
30. An a<5l for a tenth and fifteenth
to be gonted to the King;
Jmo 7 £!?»• 7.
Cap. I. Againft afaules ei Ckpbj^s
' and foldiers retained in the King's
wars.
Cap. 2. For protection, tiq. of all
perfons ferving in the King's wars.
Caip. ^. Further privileges for fuch as
(hall go in the King's wars.
Cap. 4. Concerning weights and
meafures.
Cap. 5. Conoeming trials in Lmdon,
Cap. 6. That patents of difcharge
from difmes and pdnzijmi$ fliall ex-
tend no forther than they did- in
the time of King Edxv. I V •
Cap. 7. That alT ^cots depart the
f realm wthin forty days after pro-
* damation.
Cap. 8. Concerning the contents of
a butt of 'malmeley $ind the price
anid cuftoms thereof.
PrivMte Ms.
Anno 7 Hen. 7.
T. An act againfi Thomas Crofts
a. An act for the prefcrvation of the
fpawn of fi(h within the naffe and
liavcngf 0//^rrf,
3^ An act that no perfons omkwed
within the county of Lamajier
(houbl forfeit anv of his lands or
goods in any other fture bat the
lameAite.
4* An act for two fifteenths and tenths
granted tQ the King*
5. An ^ct for the eonfinnation of a
feoffinent made by the King.
6» An aft for confirmation oTletters
patents made to the'Qiieen,
7* An a<ft to make the fum of five
' maric^, payable by the abbey and
and covent of Barkings to be par-
ed of , the manor of Hofviring.
8. An aft for the counteis of Riih^
mond and Derbf.
9. An z& for the earl dl8$my.
10. An aft for vifcount lyitUs and his
wife. '
xi« An aft for Thomas loid De la
»t An aft for the prior of G^^luTf.
it], An aft for fiir Tbmas iMett^
knight.
^4* An aft for I^b Jdmfm and
Johane his wife.
I5« An aft of attainder of y^MiXif//.
JO. An aft of attainder o[ Roheri
ChamkrUne knight^ and Hkbard
Anno xitkn. 7.
Cap. I. None (hall be attainted of
incur any forfeiture for ferving thq
King.
Cap. %. For correftion of vagabonds
and beggars, and concerxung ale-
houfes.
Cap. 3. For the authority of ju-
fticcs of affize and of the peace.
Cap. 4. The names, of the cities
and towns limited for keeping of
weights and noeaiures.
Cap. 5. For pulling down wears,
&c. in the haven of Southampton^
between Caljhord and lUdbridge.
Cap. 6. Whe;-e cuftoms ftiall be
paid when cloths are packed in
one port and (hipped in another.
^ . Cap. 7.
A TABLE of the STATUTES.
Cq»» 7. For paniflung liots and un-
ItWuI aftmfalies.
Cap. B. For ponUhing ufiiren.
Cap. 9. All lands within Nu^b and
Attti Tindahj flail ix parcel of the
countjr of N^rtbumbirimi.
Cap. ID. For levying the aman of
die beoevolence granted to the
King.
Cap. II. Conoeming the taking ap"
preatioes in the city of Nirwicbj
and ofordinancea to he made by
the company of iivorfted (hearers.
Cap. 12. That writs (hall be given
and counfel affig^ to ipeed poor
perTons in their fuits.
C4>- 13- Againft the exportatioii of
horfi» or mares, above the price
of 6s, 8d. without licence.
Cap. 14, Aliens made denizens (hall
pay cuftoms as alieos.
Cap. ij^ Ag^nft mifdemeanors by
merins ^ their officers In county
courts.
Cap. 16. For watch*keepingin Calais.
Cap. ijp Againft taking pheaiants, or
partridges^ or the eggs of hawks
or fwans.
Cap. 18L Thev who refufe to attend
we King wnen he goes to his wars
(hall forfeit their grants of fees^ &c.
Cap. 19. Againft deceitdil (hiflBng
and making of feather-beds, &c.
Cap. 20* Againft alienations made by
the wife <^ the lands of herdeceafea
hufband.
Cap. ai« The ^ualificatioii of jurors
in attaints in Lmdm^
Cap. 22. Concerning the ifages of
wnrants in hu(bamlry, laboureril
and artificers.
Cap. 23. For die true gauging and
packing of falmon, eds, and her^
rings.
Cxf. 24. For puni(hment of pojury,
and the manner of proceeding m
attaints.
Cap. 25. For puni(hmentof perjury,
champerty, maintenance, and em-
tMTttoery, by the dUcretion of the
chancellor, tieafurer, chief juftices,
ai)d-elerk of the rolls.
Cap. a6. Concermng fhe fherifit
turns in the counties of Southamftr
tofty Surrey and Suffix.
Cap. 27. For avoiding deceitfi]!
fieig^ upon fuftians.
Private A£ls.
Anru II Hen. 7.
f. An ad for the confirmation of
certain lands to the King^ that
were the lands of RUbard duke of
Ghuce/ler.
:l An aft of refiimption of divem
caftles, manors, lands, aiul tene-
ments, which were (brmerly g^ven
In; King Edward the Thirds and
Kins Mcbard the Second, to Ed^
monadi Lan^ duke of Y^ri.
3. An ad of reftitution for Gervafi
4. An ad that all grants made of tfat
manor of ffif^uk be void.
5. An ad for the Queen's jointure.
6. An ad fcnr the making void of di-
vers lea(es and ofiices within the
principality of ff^aUsy duchy of
Con^mly and the earldom of Cief-
ter.
f . An ad fprthe afluring certain lands
to the prince of /i^^x, &c
8. An ad for the afTuring' certain
lands to the duke of TorL
9. An ad for the prince of Wales.
10. An a^ for the duchefs of Bed*
ford.
11. An ad of confirmation of a fe^
offment made by Tbcmas marquis
Dor/et and his wife \o divers fe-
^>ffees to feveral ufes,
12. An ad for the earl x^ Oxford^
1 3. An ad for the earl of Suffolk,
14. An ad for the carl of Surrey.
15. Another ad made for confirma^
tion of a feoffment made by the
faid earl of Stt/T^jr.
16. An ad for the earl of Devon.
17. An ad for the carl of Kildare.
18. An ad for tlie prior of Kilmaynan
in Ireland.
19. An ad for the cuftody and go-
vernment of vifcount Beaumont and
his eftatCt
g 4 ao. An
A TABLE of the STATUTES.
to. Axm&fqr Edward lord DudUy*
S|i. An ad for John lord Zwda an4
Seymour,
.8.2. Several provifoes for the indem-
nity of the lord Daubmy^ and
others.
J13. An aftfor Sir Richard Guldefirdy
that all his lands in the county of
Kent (hall not be of the nature of
favelkind, but dependable to the'
eir at the common law, as in
other countries,
dt4. An aa for Sir WtBam BerJtley
knight.
25. An ad for ^oha Shaa.
at. An adt for the dean of St, PauTs.
0.7. An adl for Thomas Mddlfton*
28. An z& for George CaUjhf.
29. An z& for Sinm Digif.
30. An act fcM- Sir Richard RauUfft.
31. An s^ct for Clement Sielton.
32. An act for the heirs of William
' Wcynsford.
33. An act for John SUngefiy the dder.
34. An act for Hugh Mitfne.
35. An act for the fafc keeping of the
towns and caftles of ^erwi^k and
CarlioL
36. An act for the expenccs of the
King's houfe.
37. An act for the attainder of Frau^
mvifcount Lovel
38. An act for the attainder of Sir
JFiUiam Stanley,^ Sir Simon Mountr
fort, and others.
39. An act concerning the peace bpr
* tweentheKingof f/^^ffiandthe
King of France.
Anno 12 Hen. 7.
Cap. T. Concerning the taking ap-r
prentices, and manufadShirc of wor-
fted, fays and fiamins in the coun-
ty of Norfolk.
Cap. 2. For the continuance of certain
a£ts made in the laft parliament,^
unto the next parliament.
Cap. 3. Repeal of the ftatute made
the laft parliament for labourers
wages.
^ap. 4. That no forfeiture given by
the ftatute i R. 3. c. 8. (hall b«
taken before the next parliament.
Cap. 5. Concerning weights aiid
- meaAues* >
Cap. 6. Merchants of EngUmd may
carry their merchandifes to the
marts, without payment of any
fine to the mercmnts adventurers
of London, but only ten marks.
Cap. 7* No lay pmbn that doth
murder his lord or raaftqr flial)
have the benefit of clergy.
frivafe j0s^
Anno \% Hen. 7.
T. An aA for con^rmation pf a fcr
pffinent made by tl^e King, and
to give him power to difpofe c^oer-r
t^ lands by will.
An a<% for the afluranoe of the
Queen's Jointure.
An a<fl f&r the earl of Surrej.
An aA for Guy Sopcott.
A provifo for WitUam Stafford.
Certain arti^ljss againft ^mof
Totton/
An act for fifteenths and tenths.
An act for a fubfidy to be granted
to the King, and for difcharge or
fome perfons from paymeqt there-
■ . . ' ' ' •
Anno 19 Hen. 7,
Cap. X. For attendance upon the
King in his wars.
Cap. 2. An act tq defer the paypfient
of cuftom for bow-ftayef until the
next parliament.
Cap. t. An act for the continuance
of the ftatute 11 H.j. r« 24. until
the next parliament.
Cap. 4. For ufing loi^« bows, and
againft (hooting in crofs-bows.'
Qzp. 5. What coin (hall be current,
and againft the exportation t>f mo-
ney or bullion to Ireland.
pap. 6. Concerning pewterers and
braziers,
^ap. 7. Concerning ordinances made
by Dodies incorporate.
Cap, 8,
A TABLE of the STATUTES.
Cqi^ S. Aganft the taking of fcavagf
or ihpmge, except in the city of
Ic-
Cap.9. Of pioceCi in actions upon
the cafe,
Qip, lo. For the l^^ii^ of gaols by
die iheriffs, and piipvei>tion of ef-
capes oi prifoners.
Cap. II. The pcnaltips for l(:eeping
^eer-havsy and buck-ftalls,
Ga^. 12. For puniftiment of va
bonds, and for prd^rinjs of
houfes.
Cap. 13. Againft riot$ and unlawfid
aflemblies.
Cap. 14. Penalties for unlawful re*
tainers and giving of liveries.
pap. 15. The Igyids diCiJhtf que ujf
fiudl be liable to execution for his
debt, and to the chief lord for his
relief and heriot, and if he is a
* bondman they mv/ bp feiz^ by
die lord.
O^. i6. For continuing the ftatute
of II /f. 7. c. 26. for holding of
fherifFs t^unis in- the counties of
Satttlkmpton^ Surrey and Sttjix^
until the next parliament.
Cap. 17. A confirination of fo much
of the ^atutc 11 H, 7. €. ii, as
concerns the taking of apprentices
in Norwich^ and a repeal of iq
much of the fame act 9s ^on^erns
wonftcd-lhcarers.
Cap. 18. For free paffage upon 0ie
river Seuern.
Cap. 19. Concerning cordwainers,
curriers and tanners,
pap. ao. A confinpation of the fta-
tute of 3 ^. 7r c. 10. touching da-
mages to be given to the plamtiff
where the defendant fues ^ writ of
error before execution.
Cap. 21. Concerning flllc-women,
and prohibiting the importation of
filk wares ready wrought.
Cap. 22. A repeal of the ftamte 4
H. 7. concerning factors and at-
tornies in Calais.
Cap. 23. A confirmation of the pri-
es of the merchants in thcftill-
Cap. 24. For holding the (hire-eourl
of the county rf Suffix at &icbeftfr
ap4 Le^^Sf
Privaie ABs.
Anno 19 Hin. 7.
1. An act eonceming a ' feoffment
made by the King, pf many lord*
fhips, lands, and tenements, ^c^
belonging to the duchy oiLancafler^
2. An act to make void divers letters
p^tepts formerly granted to the
duke gf York^ after he came to be
heir apparent to thd King.
3. An act for the continuance of the
' ftaple at Calais.
4. An act to give the King power tp
reftore Humfrey Staffordy Joht
jBayntm^ and divers others, being
formerly attaint of trcafon.
5. An act for the abbefs and covent
of the nionaftcry of St. $aviour of
Sion.
ft An indenture between the Kmg
and the abbefs and -jovent of the
monaftery of our Saviour and St,
Bridget of Sicrtf
7. An act for confirmation of a par-
tition of lands made between fUl-
Uam marqui$ Barklej^ and Tbmoi
earl of Surrey.
9. An act that no actions, plamtSj
bilk, or vmts, being commenced
and depending in the King's courts
by perfons not knighted, (hall a-
l^tf , if they be sift^rwards knight-
ed.
9. An actfor two sjds granted to the
King.
10. An act of rcftitution for the lady
Cicih wife of the late vifcounf
' JVettsy mBam lord Wilkugbbj^ and
others.
1 1. An act for the attainder of James
Thubett knight lord Judley^ Ed-
mond earl of Suffolk^ and divers o-
thers, confederate wiA Piers War*
12. An act for th? rcHitution of ^-
hert Brewcf.
13, An
A TABLE of the STATUTESL
f 3* An act for Sir ff^iUiam A^armg.
14. An ace for the rcftitutioa of J^bn
Heron ^
x^. An aA for the reftitutlon of i^-
cbard Bariln»
16. An act of reftitution for fPilBam
Barky. '
ty. An act of reftitution for Jmif
Harrington.
jtnfto 1 Hsn» 8f
Cap. I. A repeal of the ftatuteS H 6.
c. 2. prohibiting the King's fubjects
. to repair into Denmark and Ifeland,
Cap. 2. A repeal of the ftatute i R. 3.
, u S' concerning cloth-making.
Cap. '3. Concerning payments made
to ^ohn Heron^ general receiver
to the Kin^;.
Cap. 4. For hmitation of actions po^
pular.
Cap. 5. A repeal of an act made 3
. H 7. c. 7. concerning the entering
' of merchandizes in tl\e cuftbmers
books.
Cap. 6. A repeal of the ftatute 11 H.
7- Ci 3. concerning; informations
before juftices of amze and juftices
of p<iace.
Cap. 7. Concerning the office of co-
rond's.
Cap. 8. Concerning efcheators and
commiflioners.
Cap. 9. Concerning the bridge at
. Staines.
Cap. 10. For enlarging the "ftatute
. 8 H 6. £. 16. concerning the tra-
vcrfe of lands feized into the King's
hands by inquefts before efchea-
tors and commiilioners.
Cap. II. For cotitinuation of the
ftatute u if. 7. c. 24. of attaints,
until the next parliament.
Cap. 12. Concerning untrue inqui-
fitions procured by Empfm and
Dudley.
Cap, 13. Againft the exportation of
money, plate, or jewels.
Cap. 14. Concerning apparel.
Cap. 15. For anmUtng fteflfaieati
Private ABL
Aftflo I fitn* 8.
I. An aA for the expeace of the
King's houfliold.
%. An act for the aOignment of sdo«
ney for the King's great wardrobe.
J. An act for confiimation of let*-
ters patents made to Queen Katba^
rine^ for her dower.
4. An act for the reftitution of iZoJi^
jRtf/^Ayknight, lord Fitxwatir.
5« An act £br a fub^y to be grante4
to the King of tonnage and pound-
6. An act for repealing pf a ftatute
{Qx6£tiixi%'mlfelattd»
Anno 3 Hen. 8.
pap.. I. Againft the exportation ^
money, plate, jewels, lie.
Cap. 2« Concerning efcheators sm^
Commiilions for finding of offices.
Cip. 3, For the maintenance of ar-
chery and againft unlawful games.
Cap. 4.^ For protections and liberty
of alienation for fuch perfoi^ a^
(hall be in the King's wars.
Cap. ^. For p^ynient of wages to
foldiers in the King's wars.
Cap. 6. Concerning the tru^ maklng^^
Isc. of woolen cloths.
Cap. 7. An act for perfect working
of woolen cloths before they ftvalf
be exported.
Cap. 8. Repeal of the act piade at
York for felling, of victual "by hea4
officers.
Cap. 9. Againft mummers and felling,
of vilbrs.
Cap. 10. Againft aliens buying leather,
and that curriers may fearch for
leather Infufficiently tanned.
Cap. II. An act for the appointing
of phyficians and furgeons..
Cap. x%. Concerning reformation of
impanels for the Sing.
A TABLE 6f the STATUTES.
Cap. 13. UceiKes for fliooting in
crofs-bows fliall be Yoid»
Cap. 14^ For learchiiig of unlawfijl
oils.
Cip. 15. CoDGcnimg the making and
prices of hats and caps.
Private A3s.
Anno 3 Hm. 8.
t» An alt for confirmation of a fe«
ofiinent made by Thomas earl of
Airrff to Htmj dukt of Yiri and
other^.
2. An act of reftitution for ^amis
Titubitt lord Awdeky^ and John
TsUchett^ eldeft fon of the faid
yames kird Awdeley.
3. An act for confirmation of a grant
made by the King of certain land^
to WiUiom Gompton,
^ An act of rdftitution for John
' ' Duiley fen of Ednund DudUy.
e. An act of reftitution for Thomof
Hertf.
fS. An act of reftitution for Elizabeth
Martyn.
•f. An act for two fifteenths and tenths
to be granted to the King.
8. An a<5t that Sir Robert Southwell
* and Barihdbmew Weflby fliall be
the King's general receivers of aU
his honours, caftles^ &r.
Anno 4 Ken* 8*
Cap. r. Concerning bulwarks to be
mad6 in Cormvalnyy the fea*fide.
Cap. 2. For punifhment of munler.^
Cap. 3. An act cooccmtng juries in
Lofuum*
pap. 4. For pioclamations to be made
before Exigents be awarded in fo-
reign counties.
Cap. 5. Repeal of penalties for givii^
wages to labourers apd artificers.
Cap. 6. For fealing of cloths of gold
and filver.
^ap. 7. Concerning pewterers and
true weights and beams.
Cap. 8. An act concerning Richard
Strodfy and the privilege of parlia-^
nicnt.
Private AUs.
Jmno 4 HtH^ 8«
t. An act of reftitution for Henry
Courtney earl of D^m.
a. An act for confirmation of an in-
denture made between the King
on the one part, and William Court-
ney late eari of Di^m^ and the lady
Kaeherim his wife^ on the other
part.
3. An act for confirmation of an in^
denture made between Katherine
countefs of Devon on the one part,
and Sir Hugh CMvay on the other
part.
4. An act for confirmation of an in-
dennire made between KatheriftB
counteA of Devon and Sir fnUiam
Knyvett.
5. An act for th^ affiiring of certain
, lands to the eari of Surrey.
6. An act of reftitution of Thomas
ffjndhamj fon of Sir John ffynd^
ham,
7. An act of reftitution for nomas
Empfonj fon of Sir Richard Empfon.
8. An act of reftitution for Wimam
Bajkervile.
9. An act for allotting divers fums of
money fir maintenance of the
King's great wardrobe.
10. An act for granting a fubfidy to
the King.
X I. An act for a pardon to be grant-
ed to John Sielton.
Anno 5 Uen^ 8.
Cap. I. How the King's fubjects of
Tournay and Tyrmn may recover
their debts.
Cap. 2. Concerning the making of
cloths in Devony called white
ftraits.
Cap. 3. White wpolcn cloths of five
marks and under, may be export-
ed unfliorn.
Cap. 4. Againft deceits in worftcds.
Cap. 5. Concerning jurors in London,
Cap. 6. For furgcons to be diicharged
pf parilb ofticesy inquefts^ &c.
Cap. 7.
A TABLE of the STATUTES.
Cap, 7. CoDceming ftrangers buy-
ing of leadxer in open market. ^
Cap. 8. Coocerning fait for the
King's pardon granted upon cer-
tain articles.
Private Ms.
Anm 5 Hm. 8.
I. An act fot the confirmation of
letters patents made to the duke of
Norfolk.
%. An act for theconfirmatioa of let-
ters patients made to the duke of
* Suffolk.
3. An act for the confirmation of let-
ters patents made to the earl of
Surry.
4. An act for the reftitution of Mar^
garet PoUy late wife of Sir Richard
Pole^ and fifter and heir of Edward
late t9x\pitVanmti and Saliflury.
5. An act of reftitution for Humfny
6. An act for the confirmation of the
dowry of the countefs of Oxford.
J. An act of reftitution of Johft
Jwdiley^ fecond fon of the lord
Awdikfn
8. An act for confirmation of letters
patents made to the mayor and
pommonalty of the city m Londofij
concemine the packing of woolen
cloths and other merchandifes.
9. An act for a fubfidy to be granted
to the King.
JO. An act concerning Sir Edward
Peymngs.
I J. An act for John Heron to be fur-
veyor of the cuftoms and fubfidies
within the port of London. '
Anno 6 Hm. 8.
Cap. I. Concerning apparel.
Cap. 2. Concerning the maintenance
of archery.
Cap. 3. • Concerning the wages of
artificers and labourers*
Cap* 4f For proclamations to be
made hdoxzexi^enU be awarded in
foreign (hires.
Cap. c. Againft decaying of huf-
bandryy&c.
Cap. 6. For the remittii^ prifonera
with their indidments to the pla-
ces where the crimes were com-
mitted. .
Cap. 7. Concerning the fiu'es fA wa-
termen.
Cap. 8. Concerning the making of
woolen cloths in the county of
Devon.
Cap. 9. Aeainft deceits in making
woolen cloths.
C^p. 10. For commiflion of fewers.
Cap. II. For the importation of
bow-ftaves by ftrangers.
Cap* 12. Againft exporting Norfolk
wools.
Cap. 13. Againft keeping or ufing,
crofs-bows, or hand-guns.
Cap. 14. For continuing the fub-
fidy of tonnage and poundage dur-
ing the King's life.
Cap. 15. Second letters patents ad-
nulld) making no mention of the
firft letters patents.
Cap. 16. That no knights of (hires
nor burgefles depart before the
end of the parliament.
Cap. 17. For cleanfing and deepen-
ing the river of Canterbury.
Cap. 18.. For continuance of tht
under-flieriff of Briftol.
Private ASs.
Anno 6 Hen. 8.
X. An act for confirmation of the
King's grant made to the duke of
Norfolk.
2. An act for confirmation of letters
patents made by the King to the
duke of Suffolk.
3. An act of reftitution for Sir Ed^
ward Belknap.
4. An act ot reftitution for John
JVlnte^ clerk. .
5. An act for the affurance of the
manors of Hanworth^ and other
lands, to the King and his fuc-
ccflbrs.
6. An
A TABLE of the
6. An act concerning the King's
, general ftirveyors.
7. An act of refiimption of divers
offices, annuities, and other thix^s*
Anm'i Hen. 8.
Cap. I. Againu the decay of huf-
bandry, etc.
Cap. 2. Repeal of licences for im-
p(Mtin| Gafcoign wine and Tbokufe
woad m foreign (hips.
Cap. 3. Limitation of adtions po-
pular.
Cap. 4. Concerning avowries for
rents and fervices.
Cap. 5. Concerning artificers and
labourers in the city of Londotu
Cap. 6. Concerning apparel.
Prhaie ABs.
Atmo 7 Hen.S.
X. An act for reformation of the'
Fremb queen's jointure.
2. . An act for a fubfidy to be grant*
ed to the Kling.
3. An act concerning the King's
revenues.
4. An act concerning the ftaple at
Calais.
5. The King's general pardon.
' «■■ .
Anno 14 GT 15 Hen. 8.
Cap. I. Concerning broad white
woolen cloths.
Cap. 2. What apprentices, &c. fo-
reign artificers may take.
Cap. 3. Codceming woriled wea-
vers of Tarmoutby and Lynn.
Cap. 4. Concemi^ alien cuftoms
payable by Enghjbnun fworn to
foreign nnnces.
Cap. 5. Concerning the privileges
and authority of phyucians in
London.
Cap. 6. For altering of highways in
the Weald of ^«/.
Cap. 7. Concerning (hooting in
crofs-bows and hand-guns.
Cap. 8. For allowing the clerks of
chancery to marry.
STATUTES.
Cap. o. Concerning the liberty of
corawainers in London.
Cap. 10. Againft unlawful humine
the hare. ^
Cap. II. Concerning cloths called
Ve&s made in the countv of
Cap. 12. Concerning coiners at any
mint within England.
Cap. 13. Conaming the haven and
i^n of Southampton. '
Cap. IX. Concerning fuch as be in
the King's wars.
Private ASs.
Anno i4 fcf 15 Hm. 8.
1. An aft for a fubfidy to be granted
to the King.
2. An act tor the King's general
pardon.
3. An act for uniting divers manors
to the King's manor royal of BeaitF-
lieu in EJfex.
4* An act concerning the expences
of the King's hou(hold.
5. An act concerning the King's
general receivers.
6. An act concerning the King's
revenues.
7. An adl of attainder of £Aciwrilate
^\Aa of Buckingham.
8. An act to give the King power to
revcrfe the attainders or perfons
attaint of treafon by act of par-
liament.
9. An act concerning the duchefs
o£ Buckingham.
10. An aft of reftitution for Henry
Stafford J fon of Edward Stafford
duke of Buckingham. -
1 1. An act for Sir ffHSam Compton for
his more fure enjoying of certam
lands.
12. P^ M. for Thomas Kitfon cvAzta
and merchant of London.
13. An z& for Sir Richard Sacheverell
knight.
14. An act for Sir John Marney, lord
Afamey.
15. An act that fuch manors as were
formerly holden of the caftlc of
A XABLiE <» ttc STATUTES.
D0%fif in JB»9/, ihould be holdeti
of the Kmg.
- z^. An icicoixuining 9 provifion for
the merchants of the Hmfi id AU
« flwryu/. ...
, 17. An act for dike eadiaf H^him^
berland*
18. An act for Sbr ^M^^ fHftdfruf^
and AnthuH; Wmifmrt^
119.. An ace for Sir /£f»9 ^iztf^
knight.
iAo-. M act for Gmg4 earl dLShrttuf-
21. An act for the jointure of £//2tf-
*^/A rtfy%^, vrlfe of Gi/J/r/ TayU
boys0
:At4 An aot that Ge»rgi SMl clerk,
and keeper of the.Kii^t necords
€f the oommoa bench at W^bnin"
ftefj (hall hold his place during
life.
.a3» An examination of £'imvi£^jj
feized and taken for an ideot, but,
liqioahis examinatioii by the loid
chancellor, difcharged.
AuM 21 Ihnry %•
Cap. I. The King's parfoil-
' Cap. 2. An abjured perfon (hall \ft
marked by tte comer widi an hot
iron.
Cap. 3. Pkuntiflfe in stffife may a-
biidge their plaints*
Cap. 4. Concerning the Cale of lands
by executors or part of them.
Cap. 5. Concerning probate of ufta-
mcnts, foes to be taken, &c
Cap. 6. Concerning mortuaries.
Op. 7. Againft fervants imbeszel-
ling their mafter's goods.
. Cap. 8. Againft the killing of calves.
Cap. 9. For limiting the price of
foragn hats and caps imported
here.
Cap. 10. Aga'mft exporting brafe,
copper, &c.
Cap. II. Concerning reftimtion of
goods fclonioufly Aolen.
Cap. 12. Concerning the making
cables, &c. in Burpart^^
Cap. i3< Againft {duraKtie^ of b^
nefices, non-refidenoe, iiid taking
of faima by Spiritual perfons*
Cap. 14. Concerning linen dolh oall^
. ed dowlas andlockeram.
Cap* 154 Termors (hall enjoy their
leafes a^iainft recoveries had by
feigned titles.
Cap. 16. Concemmg artificers ftran-
gers : the decree made diereon in
the Star-Chamber.
Cap. 17. For annulling letters pa-
tents mide to the city of Tcrk^ con-
cerning (hipping of wools.
Cap. 18. Concermng^m^^/fupon
7>/i/,.and the port and haven
thereto belonging.
Capi xg. Concerning avowneis.
Cap. 20. The [HTfident of the coun-
cil (hall beailbciate with the chan-
cellor ai)d treafTuitr in puniihing
riots.
Oap. 2t. Concerning making wor-
fteds iit fhrmMb and Lyrm^
Private Mu
Anno 21 Hen* S.
1. An act for the affurance o^ cfivaf^
manors and lands to Themas duke
6t Norfolk J and the heirs male of
his body.
2. An act conoeming the laft wiff
and teftament of John Roper the
elder, of Canterbury^ in the county
of Kent.
3. An act for the releafing unto the'
King fuch furas of money as he
was to pay to his fubjedls for any
manner of loan by letters miflive^
or otherwife.
4. An act that no perfon (hall fuftain
any prejudice by means of the at-
tainder of Thomas lord cardinal^
who was feized of divers lands to
divers ufes.
5. An act for the aflTurance of certain
lands to Elizabeth duchefs of
Norfolk during her life, and after
tp the duke of Norfolk and his
^ heirs.
A TAStE oT die ^ATUTESJ
Aim 1^ MtH* 8*
Csqp. t. Ccmcemhii the bu^ng of
vrool^ and agaixift regrating.
Cap^ 2. Concerning the trial of
loragn pleas pleadol by felons.
Cap. 3. Concerning PlunAfiiai
nuorfnes.
Cap. 4. Concerning exadfions levied
on aippfentices.
Cap. 5. For repairing and amend-
ing bridges and highways.
Cap. ,6. Concerning tanners and
butchers.
Cap. 7. Againft the €xp<»tation of
hones*
Cap. 8. For denizens ftrangers to
pay ftnufigers cuftoms.
Cap. 9. That wilful poifoning fluU
be adjudged hi^h-treafon.
Cap. 10. Concaerhin|outlandi(h peo-
ple calline themfelves Egyptidm,
Cap. II. Concerning powdike in
tnaiiUand.
Cap. i2« Concerning poor perfons,
beggars, and vagabonds.
Cap. 13. That no ftrangers^ being
cotnmon bakers, brewers, fur-
geons, or fcriveners (hall be ac-
counted handicraftrmen.
Cap. 14. How perfons cotAmitting
petit treafon, murder, or felony^
thai! abjure.
Cap. 15. The King's general pardon
lor his (jpiritual mbjedsof the pro-
vince 01 Canterbury.
Cap. 16. The King's general par-
don for his temporal fubjecfls.
Privati jOs.
Amo 22 Hen. %p
z. An act concerning the duke of
ItidmmL
2. An act concerning the King's
houlhold.
3. An act concerning the affurance
of certain lands to the heirs of Sir
miHm FjkU.
4. An act concerning the town of
Scuthampftm.
^5. An act of exchange between the
King and the hein of the lord
« mBOCtjixitQiAi^ntague^ and others.
6. An aet ooooen^ng cert)Ai an^
nuities out of the biihoprick of
fVtnehiJhr,
7» iUiactconoemiittAeafliiranoeof
Hit jointure of the lady Dmithf
couDtefsef Z3l^.
Cap. I. Concerning the allowance
of clergy to perfons convifled of
petty tnaibn, murder, &c.
Cap. 2. For the making and keep-
ing of gaols*
Cap. J. Againft peijuiy and untrue
Cap. 4. Concerning coopers, and tfa^
making and contents of barrels,
kilderkkiS) and firkins.
Cap. 5* Concerning eommiffions
offewers.
Cap. 6. Concerning recognizance
to \m taken by the two chief
juftices, and the reconler of Ldndm.
Cap. J. VLc^Prmb and othe^ winn
mm be imported and fold.
Cap, 8. Concerning the havens in
tbeweftoffusfjbri/.
C4p. 9. That no pcrfon ihall be dted
but of the diocefe where he or flie
dwelleth, except in certain cafes. '
Cap. lo. Againft affiirances of lands
and tenements to the ufe of any
parilh church, chapel, or fuch Hke.
Cjqp. If. Concerning clerks coiv-
wiSt breaking priibn.
Cap. 12. Concerning exa^on of
tolls by the Severn fide.
Cap, 13. For trial of murders in
cities and towns.
Cap. 14. For procefs of outlawry in
aAions on the ftatute of 5 R. a.
fiat. I. f. 8, and in covenant and
annuity.
Cap. 15. That the defendant fhall
recover cofts, if the plaintiff be
non-fuited, or the verdid pafs a-
gainft him.
Cap. 16. Felony to convey any horfe,
&c. into Sfottandy without the
King's licence
Cap. 17.
A tAfiLE of the StATUTESf.
Cap. X7» Concemiog thb .winding of
wool.
Cap* x8>. For pulling down piles, &^»
in the riyers Ouje^ and HfinAer.
Cap. 19. The King's pardon to his
ipiritusd fubje6ts in the province of
York.
Cap. lio. Agaioft paying Annoieti
or firft-fruits to the fee ^ilbmin
Prvvate Ails\
Anno 23 Hm. Sf/
t* An act concerning tn exchahg^
of certain lands between the Kinjg
and the abbot of IVefimnftir.
2. An act concerning an exchange
of lands between the King and
ttie mailer, fellows, and fcho*
lars of Chri/Ts^ college in Gani^
3. An act concerning s(n oKrhange
of lands between the King |uid
the abbot of fVaUbam Hcfy Crrfs.
4* An aet eonceming an ejccbange
of lands between the K^ig and the
provoft of £j/^;i.
5. An act concerning an exchange
of lands between the King.and the
abbot of SuAlbdnSi
^. An act concerning a^ exchange
of lands between the King and tht
prior pf St. JoMs of jtrufsdem
in England.
7. An act concerning an excbangls^
of lands between the King and the
prior of Sheem.
8. An act concerning an exchanger
of lands between the King, the
duke of £.uhmond^ and the lord
Lumley.
19. An act concerning the aflurance
of certain lands unto Hinry earl
of Surrey^ in coniideration of his
marriage.
10. An act iox the uniting of divers
manors, lands, and tenem^ts
to the manor of Hun/don^ now
called the honor of Hunjdon.
11. An act for the aiTu ranee of the
jointure of the lady EUzabtth covn-
12. An act . concerning an a#ar^
made by the King, between JU*
6arl of Oj^ri.of the o(ie part^
and John Nevill Icnis^ Ior4 Lor
tjfmeri on the behaU fAJobn his
ion, Anthiny WingpM^ aha others.
13. An act for aifiinuice of the ioin-
tures of the lady Anm^ ^ the
. hdy Elizaiitb^ CounteiTes ofOxfgrd^
Margartt Veerti and others.
14. Ah act concerning the attain^
der of Richard op Griffith^ and
' Jf^iBidm Haghes4
Ann§ 24 Hen. 8.
Cap. t. Concerning the true tannixij^
and currying of leather.
Cap. i. Concerning the true dying-
of woolen cloths*
Cap. 3. Ah iet for tfelh to be folii
by w6i^hl?, in(f the prices limited.
Cap.14. Concerning fowihg of fiue
and hemp.
Cap. c. Where a than kiOih^'a tUefy
mafi not forfeit his goodis.
Cap. 6/ Concehui^th6fale of wines.
Cap^ T* Ah adt to continue a former
2& made againft killing of calves.
Cap. 8. That the def(^daht (half not.
recova: cofts agaihf! the plaintiff
la any adion cbmhienced or pio-'
fecut^d to the King^$ ufe.
Cap. 9. Againft kiUing of young
beau called weanlings*
Cap. 10. For the daftroying. of crows
and rooks.'
Cap. ii. For pavirig*ihc ftreek-way
between Strond-Crofi and Charing'^'
Crofs.
CaPr 12^. That appeals to the. fee gf
Kdnie (hall not from hehcefoi^th bb
had nor ufed^ but only within this
realm.
Cap. 13. For reformation of occefir
in apparel.'
Private ASl's.
Anno %^ Hen* i^
L An act concerning the aflfurahce
. of lands to IValtar . Walfl}e and
A TABXE of
dame EHzaiitb bis yfik^ late tvife
to Sir ff^ilSam Cmptm.
2. An act ocmoeriaing the repealing
of letters patents granted ter the
mayor and burgeiles of tfae town
ofi&ff.
3. An act for Hcencine the batch-
ers iA L9ndm to kill their cattle
within the walls of the fame city.
4. An act for confirmation of an ex-
change of lands, made between
Henry lord marquis of D^// and
the lord John Gny and other his
younger lirethren.
5. An act for confirmation of an ex-
change of lands, made -between
the King and the mafler, fellows
and fcholars of Chrtfi-Cburcb in
Cambridge.
6. An act for Sh* Richard Lm^e^
knight, for his better enjoying of
the manor of Shingofe^
Anno 25 Hen. 8*
Cap. I. Concerning grafiers and
butchers, and felling of fle(h by
weight.
Cap. 2. For proclamation to be
made concerning the prices of vic-
tuals.
Cap. 3^ That fuch perfons as will
fiand mute, and not anfwer^i when
they are arraigned for felony, (hall
lofe the benefit of clergy.
Cap. 4. Againft foreftaifers and re-
grators.
Cap. 5. Aninft deceits in callend-
nwomeds.
• For the punifliment of the
vice of buggerv.
Cap. 7. Aeainft kiilicig. of young
ipawn or Try of fifh.
Cap. 8. For paving of jfiT^^A^m. •
Cap. 9. Concerning pewterers.
Cap. 10. That every commiflioner
of fewers refiifing to take the oath
appointed to be taken, fiiall ioxkif.
to the King five niarks. «
Cap. ii» AifainA tak\ng of vild«
Vol. IV.
thc.STATUTES.
> fol^l ^weert the laft day ofAAj
. aod the laft day of Jugitft.
Cap. 12. Concerning the attainder
m Elizabeth Bartw zsid others. .
:Cap. 13. What number of iheep
,. m^ (hall keep, occupy and have
in their own pofleflion at one time.
^ Cap. 14. ForpUniflungofherefy.. .
.Cap. 15. Concerning printers and
' binders of books.. i
Cap. 16. That every judge of »the
- . high Courts ma^ nave one Chap-
lain beneficed with cure.
» Cap. 17. Coneembg (hooting ih
crofe-bows and hdnd^guns.
Cap. r8. Concerning clothiers with-
in the county of Wta-cefier.
Cap. 19. The fubmiffion of the
clergy to the King, power to cer-
tain perfons, .with the King's eon-
lent and allowance, to make canons
and conftltutions, and reftraint of
appeals. ...
Cap. 20. A«iinft payment of firft-
n-uits to me pope, and the man-
ner how bifliops (hall becleded.
.Cap. 21. Coneemmg peter-pence
and dtfpenfations.
Cap. 22. Declaring^ the eftablMh-
ment of the fuccelSon of the King's
moft royal Majefty in the inlperial
crown of this realm.
Vrivaie Alls.
Anno 25 Hen. 8.
-I,. An act concerning the town of
. ^hmouthy containing a difcharge
of payment of 29]. 6s. 8d. to the
;' prior of the monaftery of St. Peter
r fnd Paul in Ptj^mptony and that the
parfons^s of Ugbtergh and Black-
aveton (hall be appropriated to the
faid prior and his fuccefibrs in lieu
thereof.
ju An act for confirmation of an ex^
change of certain lands between
.^ the duke o( Norfolk and the heirs
• general of the earl oi Oxford.
3^ An act concerning t^e Queen's
,^ jointure.
4. An
A TABt E* of the STATUTES.
Cap, aj. Fpr the prefiprva^icii g£ tl^c j
havens an4 poxtf la the comi&os
Cap. 24. For |?e<oiiticmiii|x^cer-
;tjii(^ Ubeii^«.a^d<ffandules.hcKe«0
tofore taken from thccrowm.'-.*
C^Pf as- FcJr piirtifluUcnt cif fturdjr J
.vagabond^. 4irt beggars^ .
Cap. 26. For laws and juftice to be
:piumftred'ai:iSf^jr/.in like fovm^O
.it. 19 in this re»)in»L
Qif). 27« F^r* thecpurt of aii^Biert-
•.tadonjs. ,t • .,;: : •; ;
Cap. 28. Air monafteries gtreii.>io
]Uie Kiogt v(4ii€h.bave not laodsJ
.abov^ 2ck4 bjf itbe year-
I, An ad cpil^ern^ng the nflU-
^xancq of ,^iverff 1^^& to the Xlog^)
and his heirs. . .V
2,, :Aa jaa..9pn9QC«^ng • the. aiRfc^j
;^ce of cerMi^ |^ds l^o the l^y
^^Uz^hetb f^uii^y fpf^iher jpifiUire*
.3.^ .An. a<ft <:c^^i«pg . the MTw-
^jcancftof cermi^l%i^dstp.tb$ Kiog
and his neirs, lately belonging Xo
4! An a<£t for confirmation. of an
; ^eement; made between tb^ earl .
, of Riuknd and ^he mayor /and
-^c^paunooalty of, the irity or ToHw \
5, An ad concerning aa exchange
' of cenain lands between Uti^l^wiigi}
. pmd the duke pf Norfolk^ andrtne
prior and covent of Thttferi.
6, An act .conceiiaing an exchange
• between, the JCi^^g and the arcb-
bi{hop of Cafiterhury.
7, An act ccJncerning the aflu-
raace pf the moiety of lands lately
[ inned by C^rfielis f^anderdelfe^ lying '
by 5/. Katheritis,^ «ear the tower of
Londoriy unto Riibard Hill and his^
heirs.
8» An act concerning the aflli-
ranee of the lady Elianor CUffiiris
jointure.
9. An act contai^^ng a pardqn
' .grants to the4uke^ofiSi!^# and
•otherst fordebt^
10. An act oonMrnifl^ an ekcfaange
':<^f certain knda between the King,
the dci>^ of SuffiUy and the cad of
Nsrtbmtfirlagtd.,
11. An act concerning the dnke
of Suffolk^ B place in Smthtoati to
the King and his heirs, and alfo
concerning the affurance of N^^
wich place unto the duke of Suffidi
and his heirs.
I2« An' act for confirmatioli of an
agreement .made between Charles
.^.duke of Suffolk and Sir Cbrj/lcpter
H^Uoughby.
13. An act concerning the affii-
ranee of certain lands to Qieen
Anne for terni of her life. *;
14. An aft concerning the exo-
neration of Oxford and Camkridge
from payment of firlt*fruits and
tenths. .
15. An a£t for confirmation df an
. award made \>y the King be-
tween Sir Peirs Dutton oh the one
part, '*and Sir William Molineuxy
Sir Thomas S'outhworihy and others.
16. An act for confirmatioii of an
agreement made between Charles
Blount y Iprd Mountjoye^ Jphri Pow^
" letty and'their wives, daughters and
heirs of Robert IViUoughfyj knight,
lord Brooky on the one p2xt^ and
Frames Dj^i/t^ and others, on the
other part.
17. An a£t concerning th^ af!u-
ranee ef all Ae temportltics be*
loneing to the bifhoprick of Nor-
wich to the King and his heirs,
and for eoaveying other 'lands to
the bifhop and his lucceflbrs^
18. An aft for confirmatioh of a
partition of certain lands. made
between the. lord Thomar Howard
'^nd Svt Tn^omas Pofnptgs.
IX), An aft that all the lands and
poiTefTions of the. earl of NmUbum^
herlandr for want of heifa of the
body of the faid earl begotlsen, (hall
come to the King and bis heirs*
Cap. 20.
a; TABUH. if the iSflJ^at^TES.
20. Aa* a£( concerning: itfA^^ a#u^
Tvice. of certain Itnda to>Sff TA^-'
imis AwMify knight, bQt 'cIkiac^I-
lor a[ Englsmd^ andliii^beirsi
21. An act ^onoeminr'the aflu-
rance x)f a Toid plot of «Otind be-
ing in Cbtapi in - Lsni^ * to- t\ie
mayor and commonalty df th^ city
of £01^ md their-fudoeflbrs; '
22. Anactfer;'a0ufance>of'lh^ma-^
nor of Halfig§ to the 'King tfhd
hishetts. - ' \\ ,\
23. An zSt for the aflurance df • the
lordihip of Cotfywiftm; dnd^eC
thingay to Queen Jmu^ *t6t term
of her life; J , f
24. An tiA cen^^emine an'esfetthartjge
of hmds between the ' King and
tKe prefid^t and fcholara of C^-^
215* iAn ad concerning an exchange
between' tho King and the prior
and covMt 'Of Mariffn ^bbcy. * • *'
16. Anadbonoerningthe affliranee
of ctirtaiti knda unto Sir Arthur
tkfnf^ l^nig^t) and hid heit^s,^
27. An a6t concerning the aflbrance
of i»ltaM landtf unto Mm Fitz^
toiBimisi'' in recompence of her
iojAlMOk--
28. An ad concerning the srffiirance
of certain* lands unto Aie lord
WtlXam HfHoardy tor term of his
life.
29. All nft Mnceming tbe> affii-^
ranee of 'G^ain lands imto 7^&Mm7X
30. An adladnalling, as vreH a 'deed
of feoffmefit) as alfo an dnden-
tare, firaudulently made bv^ Sir
Tbfimas M^ij of landsin Chl/ith
or elfeivhere in thecounty oiMH^
dkfox.
31. An ad Concemuig the atoun-
Atr of ydm Leiois,
32. An %& concerning the aflbvance
of the mttior of Br^nAiU \o die
King and his heirs.
33. An aft concerning the King^s
general farveyors.
34. An ad declaring certain ordi*
Mif6fe<t6%e obfthred Ih the town
of Qillis and- marches of the lame,
together with the feVcril oaths that
evtty officer is to take.
35. An" ad conceding the manor
of Crf^ftHS^^fOKtOfla
36. An ad concerning the heirs of
the ioird iMr/9.
> j^M;2S Henrid'ii >
Cap. I. That felons abjuring'fbrpe-
1 tit treafM', murder or fdony, ihall
not be admitted to the^ benefit of
'' thefir'Oel^.- " • ': '.^ '- •• •. »
Cap. 2. Foi* cbntinuing of two fta-
' tuies^made in the laA porKaanent^
' touching ftRrh is g|o away with
' caflcetsv jewels^' goods or plate of
their mailers.
Cap, 3. t^orgMng tKfe King'i Wgh-
neftl ^hbrfty liewly to idiot the
' tcrtfi^fhipsiiithefhiresand marches
' of VTalei at any titiie Mritfitn three
' ' yeara ntxt ehfumg.
Cap. 4. Forrcpcaling the ftatute late-
" ty madefot^thebringingihoif dow-
las and lockeram.
Cap. 5. For avoiding, of exadions
taken upon apprentices in the ci-
ties, boroughs and towns corpo*
rate, '
Cap. €. For the continXiance of' the
ftattites for beggars and vagabonds ;
and againft conveyance of horfes
and mai^s out of this rlfalm ; and
againft Wekhmen making affrays in
thecotftityof Herefordy' Gl^uajier
2X^Sakpy and againft the vice of
» buggery.
Cap. 7. Concerning the fucceffion of
tlie crd^n.
Cap. 8. For the continuance of the
ftatute againft the carriage of brafs,
lattenand copper out oFthts realm ;
and for making of cables and ropes,
for the winding of wods, and a-
gainft killing of weanlings under
the age of two years.
Cap. 9. For continuance of the fta-
tutes of peijury, for making of
gaols.
A TABtE <tf tfe STATUTES.
gacds, % pcwterersy laad for fixw-
^ ingoffl^^wdheaip* -
Cap. 10. For extiimiiihing tbe au-
tWity of the bimop of Rmti^
Cap. XI. jifor the reftiti|tion.of the
firft-fruits in time of vacaliou to
the nex^ mcun^bent. > . .
Cap. 12. For declarine theJwits.of
the King's palace oifViftminJiir.
Cap. 13. For compelling fpiritualper-
fons to keep refiden^upon their
benefices* .- •
Cap. i4» For Uoniting tbft pij^ei of
- . mnes.; -....: -<- -^ •
Cap. 15. For puniflioocfitofpmtes
. an^ rubbers <m the fea« . - . . ^
Caet'26. For the relcafe o^fuch as
' have obtained. pretefl|ded..licQn9es
\ and di^pepfiition^ from tthe f(^ of
Cajp* 17. . For giving autbority to
. uicb as (hall fucceed iii'|h(( iPT^vvn
. of t|i4sixa)m, when tbeyame to
. the age pf twentv-fovir y^rs to
make fruftrate fiicn a<5W as ftall be
made before that time.
C^p. iSTCoDceniing ^rieafon i^ cer-
tain cafes.
Private ASls.
Anm 28 Henrici 8.
t. An aA concerning the .attain-*
der of Tb^fMi FitzgeraUi^ late
carl of KiUatfy and. others, for
raifing war againft the Kii\g in
a. An zA for affiirance of divers
lani^s belonging to the mon^fiery
of £/. Saviour of Barme^defiy^ to
the King and his heirs«
3. An ad concerning the aflbrance
. of certain lands unto danfie ^aie^
wife of Sir Hinry Parker^ (on and
heir apparent unto tbtuy lord
M^hy for her jointure,
4« An a^ concerning an exchange
of lands between the Kifi^ aivd
the prior of 5/. Johtfs Jmi/fikm in
England^ 1 . .
5. An a£t. concerning the aflurax^ce
:.of c^rtim lands fonmime bdong*
. »ngtothc4Md<>ipof:#Wiiirri, to
. tbi; j^ingjnd hishtirs^. .
6. An mft: cMccraiogr jChe aiTurance
. of a ^furly penfionx)f four faun*
. 4red pouMs unto iU^isrt Slmrhn^
js Aa ^a£t Gonejscnki^ the:.attaiiWkr
ofthelord72«m#fi£«Mfli .
&, An .a<A con^rfniijig-tilQ affitif nee
; of corifin .land^ tp Sir Edward
Siymory knight, vifco\mt B^aU"
^ AniaA 9onoemfaig ^ aflfwaoce
,.K9f ceiJ^iplandS), and at mefluagQ
in AWtv, unto Sir Edward Seymar^
'. vik&mX' Beami^fipff mi to the
. lad V ^m#y his wile. .
lo. An aA declaring the church of
ElfyHgSpytii to be ftwk henceforth
^ r^pQted and taken tQ betbe p4rij9v
^jiurch of it. j^hH ^bin the
ward of Cr^kgat/ in;Z<M«fe^.
il. AxmA QonctriMOg the ^f&ran.ce
of the moiety of J^anit^tS^t in
the emmty ^ HiTirford^ to John
0«<^ sid niaheirs».
xa* An z& concernuit m.^iichaifige
of Qcirtain Iand$ b^t^ii^en tb(» King
and the abbot of IViftn^^^^ ff^
C0VPfi-Gardm%
13. A(i a<St ^qnceming the i^irance
of the m^Qt of Sfago^i Barrgn to
the King and his heirs.
14- Anaa fqr fohrffog of &.
MnxarHiS Qburch-yard, in SnaA-^
work.
15. An 8l4^€ocM;eming ^e ^fTui^nc^
. qf/Cefta^in l^nd^ un^^.tbe King
and h# b^rsi, from Sk, /f^UHam
jS;^;r90d others.
x6. An adt Goncemiiig. an exchange
between the King and the biihop
. <i'Durhanh for Dmham^plw.
17^ An a<ft cpncemioue the lUlu-
ranee di. Bejnard'sHafiU Mx^ the
duke of Ekbnumd^ and W%o hh
heirs.
18, An ad concerning'.. :M(1 exchange
of certain lands bf ttpreen tb^ King
. and the lord Sa9k(^^.^ .
6 Cap. 19^
A TABLE of ^STATOtES.
tg- AftaA ratif^ganawftfd'made
by die King betwten SirAdrioM
Artifoie and Sir ff^irifer Stmr.
aOi itji adfc for affurance cf ctivers
Jands to Richard Devermpiy Ton
and heir afpsorent of WaHer lord
F€rrtrSy in confideiation of a mar-
riage to be bad between him an|l
the hAj Ddrothf^ daughter of the
car) of HunlingdM.
at. An a& cobceming the affii-
vance of the manor ^ Paris^or^
dttij Hide, and others, to the
Queen*s grace.
22. An aa concerning the affiirance
of certain lands unto the King
and his heirS) ibmedme bdong'-
ing unto the earMom of Jiifer^.
23. An aft concerning the affurance
of die manor of KyrtiUng unto Ed-
ward N$rtb and his heirs.
94. An aft containing a pardon to
Edward Birmpigbam^ and alio an
affurance of the manor of Bjrnn^fff-
tam to the King and his heirs.
25. An aft concerning an exchange
of certain lands between the King
and the abbot of AbitigdM and
odiers.
26. Anafteonceroing the affiirance
of certain kndt unto Tbomas^ Jfrmjn
and his heirs.
27. An aft concerning the aflu-
ranee of the manor of HafiUmg-
pM to the prior and coveiU of
Cbarur-4mfii and alfo a difcharge
to the company of mercers from
payment of an annuity of 13/. 6 s.
9.J. formerly paid to the £iid
pnor.
28. An aft for affurance of £vers
lands for the jointure of Qpeen
Jam.
29. An aft far affurance of certain
famds unto Tb$mas HstcSffi and
to his heirs.
30. An aft conccniingthc aflurance
' of certain lands unto John Goft-
lorri and his heics.
31. An aft concerning the mar«
riaae to be had between die lord
JBmici^ fpn and heir apparent un->
to the earl of Oxfirty and the lady
Dorothf^ eldeft daughter t>f the
eart or H^fttMrehnd^ and fer af-
funtnce of divers lands unto them.
31. An aft concerning ah exchange
of lands between the King and the
abbot and covent of Wifimnfler.
33. An aft concenung an exchange
of lands between the King and
die arcUbifliop of Oani&hatj and
TbmatCrannMi^^^tt.
34. An aft concerning the afllvance
of cenain lands unto the lady Ka*
tbmm duchefs of SuffoUt^ in re-
compenceof her jointure.
35. Ah aft that the attamder off
the lord Ruhford^ Phmas IVefiM^
Henry N^rrus^ and others, (halt
. not be prejudicial to any other
peribns, to whofe ufe any of them *
fiood feifed of any manors, lands
or tenements.
36. An aft expreffing in what man-
ner the lands and tenememi men**
" tioned in the laft will of John -Roper ^
(hall be difpoled of and fettled.
37. An aft between the King and
the warden of RmauevdU.
38. Aa aft between the King and
the lord £^.j0ib.
AfM 31 Hen. 8. .
Cap. \. Concerning joint-tenants and
tenants in common.
Cap. 2. That fiihing in any pond,
ftew or mote, with an intent to
(leal ii(h out of the iaiif e, is felony.
Cap. 3. For changing the cu(lom of
Gavelkind.
Cap. 4. Concerning the amending of
the river and port of Exeten
Cap. 5. The Kine's manor Of ^tf^
ton^Court is made an honour,' and
a new chafe thereimto belonging.
Cap. 6. That fuch as were rdigioqs
pei&ns may purchafe, fiie and be
(tied.
Cap. 7. Concerning the continuance
of the ftatutes for puni(hment of
hegg;ars, v^^bonds^ &c.
Cap. 8-
:A Ti»JcE of*te ST^TWTE.^.
Cap. 8. ThatwocIad;i9tfoi|S'imdeby
the. Kind's highnefe^ vykh the ad-
vice o/bis honQttrahle<^owdl» fiiall
be obeyed* and kept a^ though ibey
vere made by 9a oSpiQ^iaaient.
Cap» o. For ^iptborifing: the King^s
highnefs to ra^e bilhopii b^ his
letters {mtec^.^
Capr 10; Concerning placiing of the
lords in the parliamctttrchamber,
and other afiembUea* and confer-
ences of council. . : ; f
Cs^^ii. Forauthodi£ngitbeKiBg^s
highnefs newly to allot certain
town(hips in JValei.
Cap. 1 2^ Coneeming nvrongful taking
of bawks-eggs and birds out of the
neft, atid finding and Caking up of
the KUie's hawks^ hunting in the
King's lorefty park or. chafe, or
other ground inclofedy and killing
of conies within any lawful war-
rm of the King's.
Cap* 13. All manors, lands, profits
and hereditaments bdoneing to
any the mcmafteries, or other reli-
giou6 houfes difibWed, or hereaf-
ter bvany means to be diifidved,
are enured to the King*s highnefs,
his heirs and fucceflbrs for ever;
and in what wife leafes and grants
heretofore made; or hereafter to be
made, of them or any part of them,
iliall take effea.
Cap. 14. For abolifhing of dhrerfity
of opinions in certain articles con-
cofning chrifUan religion.
• Private jtSs.
Annp 31 Hen.S.
J. An aiEl for the attaindef of the
marquifs of £x^//r and others.
1. An adl for the lady Tayletc/s
jointure.
3. An aA for the aiTurdnce of the
houfe of .Saint Lawrtnce Pntatney
to the earl of Suffix.
4. An/ft&ibr ihe.^fliMnce diChefttr
Placf to the earf of Hertford.
5. An ad f<Nr the afifurance of the
,. fi^anor of Rymt to Sir Johm Wit-
Mamh
6. An ad for the lady Jbilford's
jointure^
7. An aA for tb6 nfiurance of cer-
tau2 lands to Sjr Chrifiopber Hales.
8. An a£k for the refticution of Hemy
. Norrm.
^. An aA for the aflTarance of lands
to ixvBichofd Siebj the manor of
Little Baddow, the manor oiAAcb
fydhham^ and other lands in die
county of Effiat*
10* An aAibr the afliirance of lands
to Sir. Hgnry Long and Sir Tbma$
' S^mottK, . .
II. An st& for the afiwanee of Bath
Place to the earl of Soutban^tm*
iX2< An a(^ for an exchange between
the biihops of Rochefter and Car-
• Ufie and the lord RuMelL
13. An ad for the fix clerks of th^
chancery for the afliiranoe of tbebr
houfe.
14* An adt concerning the aflnrance
of certain lands, to Thomas H^yatt
* and Jane his wife, and to Thonu^
OalpepptTy and to EHzahetb his
wife.
15. Aft ad concerning an exchange
of divers lands between the King
and the duke of Hot folk.
'x6. An ad concerting a partition
. of lands between Sir Thomas P^/yn-^
. J^J, knight, and the lady J&i*^)r
• bis wife, the lord Thomas Howard
and the lady Elizabeth his wife ;
and a confirmation of an afiiirance
of lands to Sir Thomas Jwdeley^
lord chancellor of England.
17. An ad for fFiUiam Lord Parr^
. that the children bom of the body
of lady Jnnej his wife, in adultery,
Aall be deemed, and taken to be
baftards, ' and tabled to inherit
any of the lands of the lord Parr.
The End of the TABLE.
THE
STATUTES at Large, er^.
Anno primo R I C H A R D I III.
Statutes made at Weftniinftef in the firft year o^
the rdgil of King Richard III. and in the
year of our Lord 1483,
RICHARD i^ the gma of God Kin^ of England, and of
France, and lord ^Ireland, the third after the conquejl ;
to the honour ofGod^ and of holy churchy and for the common
weabb cf his realm of England, at his frfi parliament hotden at
Wcftminftcr, the three and twentieth day of Jtouary, inthefirji
iear of his reign j by the advice and ajfent of the lords Jpirituat and
temporaU ^»d at the. requejl of the commons of the /aid realm of
England, futnmoned to the fitd parliament^ hy the authority of thi
fame parliament^ hath ordained and eJiabU/bedi for the quietnefs of
bispeopUy certain flatutes and ordinances in manner following.
CAP* L
jSl affs made hy &r againji Ceiluy que ufe Jhall be good
againfi bim^ bis heirs and feoffees in trufi.
FOrafmuch as by privy and Unknown feoffments^ great wi" Th^ feveral
Juretyj trouble j cojisy and grievous vexations daily grow inconyc^
among the King's fubje^Sy infomuch that no man that buyeth nicneiw of ;
any landsj tenements^ rents, ferviceSy or other hereditaments^ nor ^^
women that have jointures or dowers in any lands, tenements, or codbolt jotf.
other hereditaments, nor mens lajl wills to be performed, norpL^i-?.
leafes for term of life, or of years, nor annuities granted to any x Ancferf. 333,
perfon or perfons for their fervices for term of their lives or '?^'^^'
otherwife, be in perfect furety, nor without great trouble and ^^0. iliz^iir.
doubt of the fame, becauje of the faid privy and unknown feoff-- All ads made
ments : (2) For remedy whereof, be it ordained, eftablim- by or againft
ed, and cnafted, by the advice of the lords fpiritual ^'^^^^uf'^
temporal, and by the commons in this prefent parliament af- againafim
fembled, and by authority of the fam^, that every eftate fe« his heirs and
offment, gift, releafe, grant, leafes and confirmations of lands, feoffees in
tenements, rents, fervices, or hereditamaits, made or had, or '"^*
hereafter to be made or had by any perfon or perfons being of ., ^ ^
full age, of whole mind, at large, and not in durefs, to any 'u'^^\c. i7«
perfon or perfons; and all recoveries and executions had or 19 H. 7. €.15.
made, (hall be good and efFedhial to him to whom it is fo made, »7 ^» 8. c. 10.
had or given, and to all other to his ufe, (3} a^inft the feller,
feoffor, donor, or granter thereof, (4} and i^nft the feHers,
feoffors, donors, or granters, his or their heirs, claiming the
fame only as heir or heirs to the fame fellers^ feofibrsj donors
VoL.lv. B or
z Anno primo Richardi III. [ 1483.
or grantersy and every of them, (5) and againft all other having
or claiming any title or intereft m the fame, only to the ufe of
the fame feller, feoffor, donor or granter, fellers, feoffors, do-
nprs or granters, or his or their faid heirs at the time of the
The dbte of bargain, iale, covenant, gift or grant made, (6) fa^ng to every
tenant in tul penon or perfohs fuch right, tide, aAion or inteieft, by reafon
faved« of ^ft in tail thereof made, as they ought to have had» if this
aft had not been made. ^
CAP. 11.
^befubjeSs of this realm Jhall not he charged hj anf bem^
valence^ &c.
t% Co. 119. nr^HE King remembering how the commons of this his reabrtj by new
X and unlawful inventions^ and inordinate covetife^ againft the
law of this realm^ have been put to great thraldom and importable
charges and exaffions^ and in eJPecial by a new impofttion called a Be-
nevolence, whereby divers years the fubjedls and commons ef this
hnd^ againft their wills and freedoms^ have paid great fums of money
to their almoft utter deftru^ion : (2) For divers and many worflnp^
ful men of this realm^ by occafion thereof^ were compelled by necenitf
to break up their hou/holds^ and to live tn great penury and wretched^
nefsj their debts unpaid^ and their children unpreferredy and fuch
memorials as they had ordained to be done for the wealth of their fouls
were anentized and annulled^ to the great difpleafure of God^ and
The fubjefts the dejlru^ion of this realm : (3) Therefore the King will it be
Sf if*" "^"^ ordained, by the advice and affent of the lords Spiritual and
Siarecd with ^^"^P^ral, and the commons, of this prcfent parliament af-
any toicvo- fembled, and by the authority of the fame, That his fubjedls,
lences, &c. and the commonalty of this his realm, from henceforth in no
isCar.i^at.!. ^ife be charged by none fuch charge, exadlion, or impofi-
*^'*' tion, called a benevolence^ nor by fuch like charge 5 (4) and that
fuch exa<5tions, caWeA benevolences^ before this time taken, be
taken for no example to make fuch or any like charge of any of
his faid fubjedls ot this realm hereafter, but it (hall be damned
and adnuUed for ever.
CAP. III.
Every juftice of peace tnaj let a prifoner to mainprife. No
officer fhall Jeife the goods of a prifoner until he be at-
tainted.
Every juftice 'TiOrafmuch as divers perfons have been daily arrefled and imprifon^
of peace may X^^ ed for fufpe^ion of felony yfometime of malice^ and fometime of
admit a pri- a light fufpe£fion<y and Jo kept in prifon without bailor mainprife^ to
foncr to bail. ^^^/^ ^,.^^^ vexation and trouble : (2) Be it ordained and eftabliOied
c^\l * ' ^' ^y siuthority of this prefent parliament. That every juftice
I'&'a Ph. & of peace in every (hire, city, or town, fliall have authority and
M. c. 13. power, by his or their difcretion, to let fuch prifoners ana per-
k)n»?n d '^' ^^* ^^ arretted, to bail or mainprife, in like form as though
We by^SSea ^® ^^^^ prifoners or perfons were indicted thereof of rc-
of peace. cord before the lame juftices ia their fdOons^ (3) and that
juf-
F
1483.] Anno primo Richa&di IIL 3
juftices of peace have authority to enquire in their feflions of aU
manner eurapes of every penon krrefted and imprifoned for
felony, (a) And that no IherifF, under-fherifF, nor efcheator, iLutw. tji.
bailiff of muichife, nor Siny other perfon, take or feife the ^^%P' \^^'
goods of any perfon arrefted or imprifoned for fufpicion of jijoQ^^^j/*^^
felony, before that the fame perfon, 10 arretted and imprifon- (hall feiie the
ed, be convicted or attainted of fuch felony accorcfing to the goods of a
law, or elfe the (ame goods otherwife lawniUy forfeited ; (5) prijoner until
upon pain to forfeit the double value of the goods fo taken, cd orthcgL'Sd^^
to him that is fo hurt in that behalf, by adion of debt to be forfeited,
purfued by like procefs, judgment, and execution, as is com-
monly ufed in other anions of debt foed at the common law ;
(6) and that no eflbin or protedion be allowed in any fuch
adion ; nor that the defendant m any fuch a^on be admitted
to wag^ or do his law.
CAP. IV.
Of what credit and ejtaie tbofe jurors muft be which Jhall be
impanelled in tbejberiff*s turn.
^Orafmuch as divers great inconveniencies and perjuries do daily iiH. 7. c i^«
happen in divers flnres of England by untrue verdiSis given
in in^utfiiions and enquiries before Jheriffs in their turns y by perfons of
nojubjtance nor behaviour^ not dreading God nor the world's Jhame^
by reafon whereof divers and many of the King^s lieges of divers parts
of England, by exciting and procuring of their evil wilkrsy be
wrongfully indi^edj and other that ought of right to be indited by
Jiub excitation and procuringy oftentimes befparedy contrary to com--
men right and to good confcience. (2) In efchewing whereof, be
it ordained by the King our fovereign Lord, by the advice of
the lords fpiritual and temporal, and commons in this prefent
parliament aflembled, and by authority of the fame, That no
bailiff nor other officer from henceforth return or impanel any
fuch perfon in any (hire of Englandy to be taken or put in or
upon any fuch inquiry in any of the faid turns, but fuch as be
of good name and fame, and having lands and tenements of
freehold within the fame (hires to the yearly value of xxs. at Ofwhatcre-
the leaft, or elfe lands and tenements holden by cuilom of dit and eiUte
manor, commonly called copyhold^ within the faid (hires, to *^^a 1^''°/'? ^
the yearly value of xxvi. s. viii. d. over all charges at the leaft : fta/i i^j^Ji. *^
(3} And if any bailiff or other ofHcer within the faid counties panelled in the
hereafter return or impanel any perfon contrary hereunto, he fiicriff's court.
to lofe for every perfon that he fo impanelleth and returneth, not
being of the fufficiency as is afore faid, as often as he fo offcnd-
eth, xl.s.
II. And the faid (hcriff other xl. s. the one half thereof to the
King our fovereign lord, and the other half thereof to fuch as
will fue in that behalf: (2) And that every man that will fue
for the fame to have their feveral actions of debt therefore at
the common law, as well againft the (heriff as the faid bailiff;
and that fuch and like procefs be bad ahd ufed in evei^ of the
lame action or a^ons, as be bad and ufed ia other aoions of
3 % debt
4 Anno priino Richardi lit t'48 J*
debt at the common law, (3) tod thaf rib pt6te^on nor eflbin
The indlSt* ^ allowed in the fame ; (4) and that every fuch indidment
jnenttakenby ^<>^ any (herifF in his turn oth^rwife taken, be void and of
other perfoni none efFea. This z& td take effedl from the fiiit day of this
fhall be void, prcfent parliament, and hot before.
CAP. V.
Tbofe lands whereof the King was infeoffedjointfy with others
totbeufeof thefeofferj Jhall be in his co-feoffees.
CAP.VL
Theftatuteofiy EdwArd IV. cap. 2. rebearfed arid made
ferpetualj viz. Thai in every couri of pipowders the
plaintiff or bis attorney fbaU be fworny &c.
27Ed.4«c.a« 'T^Ra^en the iommcns in this prefent parliament affembUd^ That
JL where in ajlatute made in the feventeenth year of the reign of
King Edward tbi Fourth^ it was ordained among other^ That where
divers fairs have been holden and kept in divers places within this
realm^ fome by prefcription allowed before jujlices in eyrey and feme
by the grant of jour noble progenitors and predecefforsy and to every of
the fame fairs ts of right pertaining a court ofpipowderSy to minifter
• therein due ju/tiee in that party; (2) in which court it hatb ever
b(en accuflomedy That every perfon coming to fuch fairsy Jhould have
lawful remedy of aUmanmr centrals ^ trefpaffes^ covenants^ debts ^
ana other deeds made or done within am of the faid fairs during the
time of the faid fairSy within the jurijailfion of the fame^ and to he
tried by merchants being at the fanie fairs ; (3; which courts in thefe
days have been mifufed by flexvardSy bailiffsy commiffarieSy and other
minijlersy holding and ruling the faid courts of the Jaid fairs for their
Jingular profit y holding phahy plaints^ as well contrails^ deits^ tref-
pqjfesy and other deeds done and made out of the time of the faid fears
or fairy and jurifdi^ion of the famcy whereof in troth they have no
jurifdihiony Jurmijing the contra^Sy debtSy trefpaffesy covenantSy or
other deeds to be done within the time of the fair Sy and within the
jurifdi^ion of the fame fairsy where, in troth they were not Jo. (4)
Andfometime upon feigned pkdntSy by imagination by evil dijpofed peo-
ple y to trouble them to whom they owe evil willy fome to the intent
to make them to lofe their fairy and fome to the intent that they Jhould
havCy for lucroy javourahle inquejls of c^ers to the fame fairs where
they take their actions y (5) whereby much people coming to the faid
fairs be grievou/fy vexed and troubled by feigned acfionsy and aljo by
anions of debtSy trefpajfeSy deedsy and controls made and done out
of the ttme of the faid fairSy or jurifdiftion of the fanUy contrary
to equity y and good confcienccy whereby the lor as of the faid fairs lofe
great profits by the not coming of dtvers merchants to their fairs,
which for that cafe abjlain themy and alfo the commons for that cafe
be worfe ferved of fuch fluff and merchandifes as elfe Jhotdd come to
the faid fairs 'y (6) ^leafe it therefore your highnefsy the premiffet
eonfideredy by the advice and affent of the lords fpiritual and temporai
in this your prefent parliament affemledy and by the authority of the
Cajne^ to ordain^ a/ii to eflabli/b^ TbcU from the frfi day of May
1483.] Atmo primo RijCiSAlUDi III^ 1
mxt icmngj w fieward^ under-ftiward^ bailiff, cmmffary^ nor
pther mimfter ofjuch courts ofpipcwderSy hold plea upon any action at
tbofiiitofanfperfmorperfim^ without the plasntiffor plaintiffs^ or
his or their attormes^ in pnfence of the defendant or defendants (if
he or they^ or his or their atiornies dejire it) make oath upon the holy
Evangeliftsy ufon the declaration^ that the contrary trejpafsror other
deedeomprifedsnthefame decUtratiofi^ weremade or done within thefair^
time of the fcdd fairy whore he taketh his a^iony and within the bounds
and jurifdsSion of the fame fair. (7) Jnd although thf faid plain-
tiff or plaintiffs by their oath affirm thpfamey That thefaid defendant
or drfendants be not concluded thereby ^ but that they tnay anfwer and
plead to the a&ion^ or in abatement of the plflintSy and to tender an
iffuiy that the fame contrary trefpafsy or otfjer deed comprifed in fucb
diclarationy pfberei^m the plaintijf or plaintiffs do declaroy was not
done nor made within the/air-time andjurifcalHon pf the fsddfair^
hut out of the time of the fairy or at other ptaces pftt oftbejurifiSdfion
of the fame fairy after th troth in th(St party,
II. Andifitbefytriedy or thftt the pldntiff or pkintiffsy or their
fittomiesy refiJe to befivom in the form aforefaidy that then the de^
fendant or aqendoRts be quite difmtffed and £f charged ip that behalf
out of that court*, the party plaintiff to take his advantage at the common
lawy or other place conpenienty as himfeemeth goody this ordinance
notwitbftandingf
m. And that everyjlewardy under-Jiewardy bailiff y commffary^
or other mimfter y holding and ruling any tf thefaid courtSy that doth
the contrary to this ordinance y JhaUfor every default in that behalf
forfeit C. s. the one half thereof to your Kghnefsy and the other half
thereof to him that in tb^t party wiUfue his action upon this ordinance^
by aSion of debt in his own name; (2) and that writs of proclamation
inaUgooSyhqftebe direSfed to everyjberiff of every fl)ire ^England,
fo make this ordinance to be proclmmed in every part wthin hisjbire^
as well within francbifo as without.
IV. And that the ordnance touching fairSy as is aforefaidy Jhoul4
endure to the nfxt parUamenty which ordinance is now expired : (2)
And for certain thefaid ordinance isfidl neceffary and f:emfite to en-
dure for every andfuU profitMe to all the commas of this realm ;
(3) be it therefore ordaii^ed and eftabliflied by the authority
of this prefent parlian^ent. That the aforefatd ordinance be and
ftand in virtue and (farengtbr and alway to be executory from th9
feaft of thtAnmtnciation of our Lady next coming perpetually aftqr
{o endure.
CAP. VII.
fFbo /ball he hound by a fine levied before the juftices of the
common pleas : And proclamations made thereof
ITEM, Whereas it is ordainfdy • cftabliftied, and cnsi&ed • Net on fbe
in a parliament holden in the time of the reign of King Edward ''«^-
the FirJIy by thefiatute De Finibus, that notesy and fines levied in
the Kin^s court before hisjufticeSy Jhould be openly andfolemnly ready
and that the pleas in the mean time Jhould ceafcy and this to be done two
^S in fhe week after the difcretion of the jujlicesy as in thefan^
B 3 ftmH
6 Anno primo RiCHAROl HI. [hS^.
Annoi8Ed.i.y?tf/i^/^ more plainly appeareth : (2) Our faid Sovereign Lord the
r*** 'S'^"' ^^^^ confidering that fines ought to be of the grcateft ftrengtli
How often^* t6 avoid ftrifes and debates, and be a final end and conclufion,
iiiics (hall be that it be willed and ordained, by the advice and aflent of the
proclaimed, lords fpiritual and temporal, and the commons, in this prefent
•AitCTcd by parliament \iflcmbled, and by authority of the fame. That
31 £t c 1. ^^^^ ^j^^ ingroffing of eveiy fine, to be levied after the feaft of
Eajler next coming in the King's court before the juftices of the
common place, of any lands, tenements, or other heredita-
ments, the fame fine (hall be openly and folemnly read and pro-
claimed in the fame court the fame term, and in three terms
of the year next following the fame ingroffing in the fame, court,
at four feveral days in every term, (3) and in the fame time
Atranfcript that it is fo read and proclaimed, all pleas (hall ceafe, (4} and
Sf ^n kf ?^ moreover a tranfcript of the fame fine (hall be fent by the (aid
Scii^ws^of j"^*^^5 ^^*^ common place to the juftices of a(rires of the
aflKeofthe county where the faid lands and tenen>ents be ; they to cau(e
county where the faid fine to be read and proclaimed openly and folemnly in
the land licth, ^verv their feflions of a(rifes, to be holden the fame year,
daimcd^hcrc *^ *™^^ ^^ *^^ ^^*^» ^^'^ ^' *^ P*^^ ^^ *^ mem time to
* ceafe.
A tranfcript II. Alfo it is ordained and eftabli(hed by the faid authority of
^nt to the ju- parliament. That a like tranfcript of the fame fine (hall be fent
fticeftof peace. ^^ ^j^^ juftices of peace of the. county where the faid lands and
tenements be, they to caufe open and folemn proclamation of
the faid fine to be made at four general feffions of the peace
to be holden in the fame year.
Who (hall be III. The faid juftices of a(rifes, and alfo juftices of peace, to
concluded bya certify the fame proclamation to the King's juftices of the com-
linc,whonot. ^^^^ place, at the fecond day of return of the term then next
following, ( z) after which pfoclamation done and certified, the
faid fine to be a final end, and to conclude, as well privies as
ftrangers to the fame, except women covert, other than be
parties to the faid fine, and every perfon or perfons then being
within age, in prifon, or out ot this realm of Englandy or not
of whole memory at the time of fuch fine levied.
Thejmmedi- IV, And favin^ to every perfon or perfons fuch right, title,
ate rights of claim, and intereft, which they have to or in the faid lands,
ed U^purfucd 5^"^"^^"^s> ^^d other hereditaments, at the time of fuch fine
in 'time. ingrofled, fo that they do purfue their faid right, title, claim,
or intereft, by way or adlibn, or lawful entry, within five years
next after the faid proclamation made, had, or certified.
The right of V. And alfo faVing to all other perfons fuch aAion, right,
T^^^t^T ^'^'^' ^'^^'"' and intereft, in and to all the faid lands, tene-
rcver on av- ^lents, and other hereditaments, which (hall grow, remain,
defcend, or come to them after the faid fine ingrofled, by force
of any gift in tail, or by any other caufeormatter had or made before
the (aid fine levied, fo that thofe perfons take their faid a<ftions, or
purfue their faid right and title according to the law, within five
years next after fuch a<ftions,right, tide, claim, orintercft, grown,
oefcended, remained, or come to them ; (2) and alfo that the
faid
i485t*3 ^^^^ primo RiCHARDi IIL 7
faid perfonS) and their heirs^ may have their faid adion againft Anions main.
the taker of the profits of the faid lands, tenements, and other **^ft^Jf *'
hereditaments at the time of fuch addon to be taken. Srof Ae^*^*
VL And if the fame perfons at the time of fuch adion, right, profits.
andvdtle, grown, defcended, remained, or come to them, be Jhe right of
CflfVat baron^ or within age, or in prifon, or out of this land, "*^*^^«» ^^^
ornW of whole memory ; it is ordained, eftabliftied, and en-^^o^°^^.'
a^ed by authority aforefaid. That their aAions, right, and prifoned, out
title (hall be referved, and faved to them and their heirs till the of this land,
time they come and be at their fall age, out of prifon, within ^V^ ^^
this land, unmarried, and of whole memory, fo that they or JL fe^"^***
their heirs take their faid a^ons, or laWul entry, accord-
ing to their right and title, within five years next after they
come and be at their full age, out of prifon, within this land»
unmarried, and of whole memory, and purfue the fame a<5Hons,
or take their lawfal entry with effeA, according to the law of
England.
VII. Alio by authority of the faid parliament it is ordained, An entry muft
eftabliOicd, and enaded, That all fuch perfons which be covert, aft^n ukcn ^
not psoties to the fine, and every perfon being within age, in within 5 years
'prifon, or out of this realm, or not of whole memory, at the after the de.
time of the faid fines levied and ingrofied, by this a6t of par- fe^s removed*
liament before excepted, having any ri^t or title, or caufe of
adion to any of the faid lands, tenements, and other heredi-.'
taments, that they or their heirs take their faid aAion$, (Mf
lawful entry, according to their right and title, within five
years next after that the faid perfons come to be of full age, ^
out of prifon, unmarried within this land, and alfo become of
whole memory ; (2) and alfo fue the fame a(flions, and take
their lawful entry, and fo purfue with effe<ft, according to the
lawcrf* the realm of England. (3) And moreover, if they do
not take their faid aftions, and alfo their faid lawful entry in
the manner as is aforefaid, that then they (hall be concluded
by the faid fines for ever, in like form as they that be parties
and privies to the faid fines levied and ingroflfed.
VIIL Alfo by the faid authority it is ordained and eftablifhed. Fines at the
That eveiy fine which (hall beftt>m henceforth levied in any ^°"*n*on la v
rf the Kind's courts, of any manors, lands, tenements, or for^c they *
other pofielIu>ns, after the manner, ufage, and form that fines were before.
have been levied before the making of> this zA before rehearfed. Any peribn
(hall be of like(faTngth, effeA, and authority, as fines fo levied may levy afine
be or were before the making of this aft, this aft, or any other fu|fJ~V!5/«n
rt-«. .. ,° ,'i •i.A''i- tnis ttatute or
act, m this paniament made, or to be made, notwithltanding. ti^e common
(2) And that every perfon (hall be at his liberty to levy any fine lavr.
hereafter, as he will himfdf at his pleafure, after the manner ♦H. 7; c.»4,
contained and ordained in and by this a<5l, or after the manner
and form beft>re ufed.
54
^AP,
g Anno prime RiCHARBI III. [1483^
CAP. VIIL
^e length an4 h^adtb of cloths^ and the order ofifing
them and wools. The ability of the aulnager^ and wbai
cloths hemay feaL
Thlsprewpblc HT^ O tbi King our fovereign hrd^ prmth unto your ISgbneft
is taken from A your true Jubjelfi and commons in this frffint parliament ajfem-
theftatutcroU^^j^ 7*tf/ where in time pajed this your realm of England bath
Iluait^o^cf" if'eatly been encreafed and ricbed by the mean of true making and drap^
AnnoiRichj. ing^ and alfo of tru^ dying of woollen clotb^ whereby a great fub"
fiance of the people of yourfaid realm have been fet an work, and not
fallen to idlenejfe, as dailly nowetbey doo, but thereby truly have gotten
tber levyng ; // is fo now, mofl gracious fovereign lord. That tho
woollen clothes which in late denes oave been made, and yet dailly ben
inade within this your realm^ ben unperfeQ and deceyvMy made -and
wrought, kepyng nother refonable length nor brede, and the fame
clothes fo as tt is aforefeid unperftfy made, and decyvably wrought^
(ifterward ben put to be. Jbome, and afore be notfuUy wette $ and
many of thefeid clothes, after they ben fully wette t^nd Jbome, ben
fet upon tentours, and drawen out in Igyngb and bredf, that is tofay^
feme of the fame clotbef being but of the hfgbt ^xxiiii. yardys, ben
drawen out in knght of xxx yerdis, and in bredffrom vii. quarters
Unto the brede of 11. yerdys ; the which clothes fojbom er they be wette^
or ells drawen in leyngh or in brede, as it is aforefeid, after that they
receyve any wette they mofl of werry necejfue Jbrynk ; and alfo the
clothmalers, and other of your feid realm, oftyn times when they
make any cowrfe clotUs, and alfo the fellers of fuch courfe clothes, being
bare ofthrede, ufenfor to powder and cafiflokiys offynner cloth upon
the fame courfe clothes, to the intent to make the fame cloth toappere
fyne and good-, and alfo the feid clothmakers and other put and cq/i
chalke upon white clothes^ to the intent to make the fame clothes to
appere better jhen they ben : and moreover great quantttie ofwolls ben-
hfid out of this your feid roialme by jbraungiers, and other, in caraks^
galMes, and Jbippies^ which ben forted the better from the worfe^
barbed and clakkei, and thereof is made moche lokkys a^d refufe, of the
which the refufe infubftaunce is left within this your faid roialme, and
ther of moche courfe cloth is made within the fame realme, and Jo the
fine wolls ben hadd out of this your faid realme by the feid firayngiersy
and the courfe wolls and refufe here left, by reafon whereof there canne
r be nofubjlance of fine drapery made within this your feid royalme to
the great lofs of your faid Higbnefs in your cujiume, inpaying lefs cu-
flume for the lokkys then for the hie woUynflefe, and alfo to the great
lyurt and decay of all your feid realm, in enpayryng of the feid drapery.
Alfo, mofl gracious fovereign lord, dyers within mony cities, burgbesj
, and townes of this your feid realm of England, ufen to dye great
quantity, as well of fyne clothes, as of courfe clothes, with orcheU and
corle hr ought from beyond thefea, called jZTCcoTk, the colours made
with the which orchell and cork benfo difeyvable, that the fame colours
may in no wife abide, but faden away to the great hurt ofaU them
thatwer^ or occupy anyfuch cloth fo deceyvably dyed, Alfo thefeid
dyers
^483.] Anno piimo RiCHARDi IIL 9
iftrs ufin U dfe many tkthes df £vers cokurs^ and upon the UJts tf
the fami cUthti fiften and fowe greate rijfies^ called buUriJjieSj to
tFintint to mate the fame cktbes to appire of on iobtwoj and tbo
Bfts ofanotbir coloure wher tbrugb the byers oftbefeid clotbis am ne
may immtb vudtrftand hut that thi (ami dotbes hen died out ofwotte^
is the great hurt o/wif moft dredfivereign lordy andofallyour true
Juhgiitts whith /ball were or occupy tbefame clotbes^ and by occafion of
ibevAkbimpeffte and unirewe makings dyings and deceyvahle aefyng^
mercbauntes of Jlrange eontreZf tvbicb batb ufed to hye cbtbes made
and £id in tdis yeurjeid reabn^ unnetb dir hye eny oftbefeid cbtbeSf
to the greate rebuke and SJbonmer of tbefame reabuy and burte of your
Higbnifsj and of all your feid recum^ wbereupon, hut if tbe ratber a
remedy he provided by your moji noble gracOy rf^ worry tikefybode con^
fefuentlyJbaUenJue tbe deflru&ion of drapery of tMtbis your fetdreabn^
wbicb God defends For the avoidine whereof our (aid fovereign
lord the King, by the advice and aftntof the laid lords fpiritiul
and temporsd, and at the requeft of the commons in the faid
parliament aflembled, and by « authority of the fame, hath
ordained, eftabliflied, and enaded. That no perfon whatfbever ^ . , |^
he be, doth-maker or other, ihall feU, nor put tofale, ^>^ter ^^|^^^^
the feaft of StMicbael the archangel next enfuuig, any manner wateredbieimv
woolen doths, called broad cloths^ imlefs the fiune cloth be before itbepbttofiite.
fully watered.
iL And that creiy whole woolen doth, and alio broad doth,
which (hall be made in this realm of Englandj after the faid
feaft of St. Michael the archangel next coming, after that it be
fully watered ready to fide, wall hold and contain in length
twenty four yards, and to every yard an inch, containing the
lireadth of a man's diumb, to be meafured by the creft of the
lame doth, and alfo it (hall hdd and contain in breadth two
yards wid^in the lifts, bv the whole leneth c^ the fiune.
III. Alfo that every half clothof the faid wholeclothstobemade The length
after the faid feaft, after Jus ftiU watering ready to fale, fiiali and breadth
hdd and contain twdve yards in length at the leaft, with the ®*7 u^r^**^
inches aforefaid, to be oieafiir^ by the creft, and two yards ^tht.
in breadth within the lifts; (2) fo that always the fiimehaifRep.5&6Ed.
doth do not exceed the. length of fixteen yaros, upon pain of 6. c* 6.
cutting the whole cloth in tli^ pieces, and of cutting the half
doth m two pieces i (3) and aUb to loie for every whole cloth
v'u s. viii. d. and for every half cloth iii, s. iv. d. made, fold,
or put to bit after the faid feaft, not ftill watered, or n^ade after ^
the faid feaft not keeping their meafure above ordained ; (4) xhepenaltyof
and if the iud whole cloth be longer in meafure than the faid the offender,
twenty four yards, and the inches aforefaid, and the half doth
of the lame be Idngor than twelve yards, with the faid inches,
that tbcffi the buyer of the fame whole cloth (hall pay for as
much as it doth exceed in the meafure of twenty four yards,
and the buyer of the fame half cloth to pay for as much as it
doth exceod twdve yards ; fo that always the faid half doth
do Qot p^fe the lei^tb of fixteen yards, as above is fidd.
IV* Alio
ID Anno prima Richardi III. [1483.
Thclencth * ^* Alfo that all manner cloths called /r/^j, to be made
aod breiSth ^^^^^ ^^ ^^ f^^y ^^^ ^w full watering ready to fale (hall
of ftreits. hold and contain twelve yards in length, and the inches after
the meaTure afore(aid, and in breadth one yard within the
lifts, and throughout the len^ of the fame, upon pain of cut-
ting of the faid firdt in two pieces, and alio to lofe for the fame
ftreit XX. d.
The length V. Alfo diat every doth called Jtirfif^ to be made and put to
«n^ breadth fiJe after the faid fcaft, afterthe ftdl watering ready to be put to
of kerfeyi. g^j^^ fl^j^U j^^jj ^j contain in length eighteen yards, and the
inches as is aforefaid, and in breadth pne yard and a nail at
the leaft, within the lifts, upon pain of cutting of the faid ker*
fev in two pieces, and to lofe for the fame kerfey iiL s. iv. d. (2)
all the faid pains, forfeitures, and lofies to run upon the fellers
of the faid dotbs, which fhall be made contrary to this adt ; (3)
and that every of the faid whole cloths, half cloths, ilreits, and
kerfeys, be perfe&ly and duly made throughout fiom one end
to the other.
Seals of lead VI. Alfo before the faid feaft, feals ft)dl be provided and
to feal cloth ordained by die treafurer of England^ W he printed in lead,
^ZVnd havir^ the King's arms of England on the one fide, and on the
county»wjiere Other fide the arms, iign, or token of every dty, borough, or
cloth u made, town within the realm of England^ where the cloth is rnade^
having fiich arms, fign, or token for a mark, or an evident
^ token and knowledge of the cloth made within every fuch dty^
borough, and town of this realm, and befides that feals for
every county of this realm for the fealing of all manner of clofh
made within every county, out of dty borough, or town of
the fame county, fhall have on the one fide the King's arms,
and on the other fide the name of the county print^ in the
Of what {kill fame. (2) And that the treafurer of England for the time being,
andfufficicncy or his deputy^ after the faid fcaft, fhall make no perfon or
mi^^beT*^'^ perfons to be aulnager, fealer, or keeper of the feal in any part
^ of this realm, but fuch as be expert in making of doth, of the
fuffidency of an hundred pound at the leaft at the time of the
The aulna- faid deputation; (3) and that no aulnager, fealer, or keeper of
|er s penalty any feal to be provided as is aforefaid, afterthe faid fesdl, fhall
il^\j^^ feal any of the faid whole doths, half doths, ftreits, or ker-
be ^ht not %«» b«t 'wch as ftiall be only made after the fame feaft within
to feal. the county, city, borough, or town where they (hall be depu-
3 1 W. 3. c. 10. ted aulnager, fi^er, or keeper, upon pain to forfeit to our fo-«
^' 3- vereign lord Ae King for every fuch whole cloth contrary feal-
ed five marks, for every half cloth xxxiii.s. iv.A for every
ffaieit XX. s. and for every kerfey x. s.
Cloth fliall not VIL And that no perfon whatfoever he be, after the faid
t^ t^S" T^ ^^' ^^^ ^^^ ^^^ ^^''^^ *^^^ ^^^ *^ ^ ^^^ nor drawn in length
iStcring. '^*^ nor breadth, within this realm of England^ any maimer of
woolen doth, after that it be fully watered, by tentoring or
othenvife, upon pain to forfeit the teme cloth.
No deceitful VIII. Alfo that no man, of what condition foever he be
c^'^u^a^^ within the realm, aft^r the faid feaft, ftiall fet, caft, or put up-
1483*] Anno primo Righardi IIL ix
on may manner of cloth any flocks, or any other Kke deceitful
thinff, upon pain of forty fhillings for every doth whereupon
any fuch perfon (hall caft any flocks or fuch other thing*
IX. Alfo that no doth^maker, nor other iperfon whatfoever Nocbalk fliaU
he be, within the faid realm, after the faid feaft, (hall fet or be caft upon
caft upon any white cloth or kerfey, any chalk, upon like white doth,
pain.
X. And that no (hearman nor other perfon, a(ter the faid No (hearing of
feaft, (hall (hear nor cancel any doths within this realm, ex- cloth not fully
ccpt fuch doth be before fully watered, upon pain to forfeit ^^'^^^^ »
xLs. for every doth, as often as he (hall fo do.
XI. And that no perfon, (faraneer nor other, (hall fend or nor exporting
convey any woolen doth over the fea, after the faid feaft, un- i' beyond fca.
]e(s the fimie doth be before fully watered ; and after that the
(ame doth be fo fully watered, that then it (hall in no wife be
fet nor drawn in length nor breadth, (2} upon pain of forty
killings for every cloth conveyed or fent over the fea contrary
to this 2&.
XII. Alfo that no manner of perfon within this realm, af- None to retail
ter the (aid feaft, retail any woolen doth or cloths, lining, nor cloth not fully
other, except it be fully watered before ; and after thkt it be J^^^Mt^hi
fully watered, it (haU in no wife be fet or drawn in length or the length or
breadth, upon pain to forfdt the fame doth, or the value there^ bnadth.
of : the (acne pain to run upon the feller of all (iieh cloths.
XIII. Alfo our faid fovereien lord the King, in efchewing of None (hall
great fidfity and deceit which hath grown, and daily doth grow j?^ *uo"fe *"
by mean of tentors, by the aflfent and auuiority aforefaid, hath
ordained andjenadted. That no perfon, whatloever he be, (hall
keep, have, or occupy any tentor, or any other thing, in his
own houfe or place of his inhabiting, whereby woolen cloths
may be in any wife drawn out in length or breadth, upon pun
to torfint twenty pounds as often as he (hall do contrary to this
a<% ; (2} but that all tentors hereafter (hall be ufed or occupied Tentors (hall
for due (betchin^ of doth only^ after that it cometh ftom the be fet in opea
mill, and before it be rowen, and for none other caufe, as well places.
within the dty of UndM^ as other cities, boroughs, and towns
of this realm, (hall be fet in open places; (3) and that every
mayor of London for the time bein^, and all other mayors and
bailiffs, and other governors of cities, boroughs, towns, and
villages, of this ^d realm, (hall diligently furvey and overfee
that all doths, which (hall be put upon tentors, (hall not be
drawn out in length and breadth otherwife than is before re-
bearfed.
XIV. Alfo that after the faid feaft, no (bang^ (hall buy any what fort of
wool which (hall be fent, or (hall pafs through the (fa-eits (A Ma- wool ilrangers
rock by eallies,.carracks, or (hips, or other veflels, forted, clack- ™*y ^*
ed, or barked, nor no wool whereof any locks or refofe (hall
be mad^ ; but that the fame wool be ais it is clipped, and pure-
ly wound without deceit, and merchandifable, after the grow-:
ing of the country, without any (brting, bearding, clacking of
locks
12 Anno primo RJCHAK0I IIL (i4Sg«
Jocks, or refufe thereof to b^ miufe, as afore is faid, upon paia
to fomit the fame wool, and the double value thereof.
No cloth fliall XV.. Moreover, our iaid fovercign lord the King hath or-
be dyed with jjuned and enaiAed by authority aforefiud. That no dyer, nor
^^ * any other perfpn, (hall dye, or caufe to be dyed witnin thia'
realm, after the faid feaft, any woolen doth with orchel, or
cork called Jarecori^ upon pain to forfeit and lofe forty Ihil-f
lings for every doth that he, or aqy other for him, or to his
vfe, (hall dye, or caqfe to be dyed. (2) Nor that any perfon
after the faid fe^ (hall fell or put to fale, within this (aid realm»
any fuch cloth, which after the faid feaft (hall be dyed with orr
chd, or cork called Jofecorkj upon pain of (brfdture of fuch
doth fo dyed or put to (ale contrary to this a<ft; (3) this pain
and lofs always to rqn upon the feller, (4) except that corl^
made within this realn) qf England may be ufed in d^g upon
wool woded, and alfo ip dying all fuch cloth which is made
only of wool, fo that the fame wool woded and doth be per-
h&\y boiled and maddered.
Thp/rlothand Ay J* A^fo ^bat Cork made in this realm may be put up-
li^J'lf'*'^ on cloth that is perfcdUy boiled and maddered ; (2) alfo that
one colour! ^^ ^V^ ^^^ ^X® ^^y ^'^* within this faid realm, after the
faid feaft, except the (ame dyer do dye the faid cloth, and the
lift of the fame, with one colour, without tacking or fewing of
any bulru(hes, or fuch like thing, upon the lifts of the famci^
upon pain to forfeit xl.s. for every fuch doth that he (hall fo
dye contrary to this zQt ; (3) and that no perfon, whatfoever
he be, (hall put to fale within this faid r^m, ^er the faid
feaft, anv manner of doth, which after the fame feaft (hall be
decdtfully dyed, upon pain to forfeit the fame cloth, or the va-r
lue thereof; (4) the ume forfeitures and pains always to run
upon the feller.
Faulty doth ^V^I* Alfo Jf any of the King's fubjeds, or any other here-
fhall be zfttT^ happen to fei(e aqy woolen cloth otherwife made or dyed
brou{rhttotbe than fifoie is faid, theri the iam^ fu)>ieifl or pther (hall brine all
cbiefoflicer. jhg fj^^e c}ojh pjr ploths fo by him fdfed, before the mayor, bai-
liif^ o^ oii^tx governor of tbe dties, boroughs, tpwns, or vil-
lages wnere any fuch fei(ing (hall happen to be made of the
fame cloth or cloths^ there to judge by the difcretion pf the faid
mayor, bailiffs, or other governor, calling to him or them fuch
perfohs as by his or their difcretions (hdl hp thought conve*
nient, whether the (ame cloth be otheryyiffc made, wrought, or
^yed, than is according with the ^&% before recited ; (2) and if
The ofienderj it be judged by the faid mayoi\ bailiff, or other governor, or
SlTo fhS'bavt ^^^ pcrtons called to them pr any of them, "as afore is faid,
them. ^bat the fame cloth \^ made or dyed, ^nd put to fale contrary
1 ft H. 7. c. 4. to the afordaid a£ts, then the fame cloths fo feifcd, and by them
judgpd as is aforefaid, (hall b^ equally <:ut in three pieces in
the prefence of the faid m^yor, bailiff, or other governor ; (3)
the one part thereof to be delivered in the exchequer by him or
them that fo jQiiall feife the fame doth or cloths u^ the King'$
1485.] Anno primo RiCHARDi III. 15
ufe, and ih^ fecond part thereof to be delivered to the feifor of
the fame cloth or cloths, and the third part thereof to be deli-
vered Vo the faid mayor, bailiff, or governor, tq the ufe of the
commonalty v^h^re they or any of mem be mayor, bailiff, or
governor; (4} the one half of all the other fines, forfeitures, -
and penalties aforeiaid, aAd of every of them, to be to our fo*
vereign lord the King, and the ouer half to him or them of
the King*s fubje<!ts that (hall feife the fame, or fue for the fame
t>v action of debt, by writ at the common lav7, or by bill or
plaiht ifter the cuftom of the city, tovrn, or port where fuch
fines, forfeitures, and penalties Ihall' happen to fall or be; (5)
ind that the defendant in any fuch adtion be not admitted to
wage or do his law ; (6) nor that any protedion or effoin of
the King's fervice be allowed for anv luoi defendant.
XVni. Provided ialways^ That tnis a<Jt, or any thing there- Clothi where-
in cotltaixied, extend hot, or be prejudicial of or to the making ""^^ ^^" Jf^
of an^ woolen cloth called Ray^ (2) nor of or to any cloth J^^j*^^
knade in JPiHchffter or Salisbury^ ufed to be fet and joined with
ray. (3) A cloth thereof commonly ufed to be fold at forty (hil-
lings or within, (4) nor of or to the making of any cloth called
Vervifiy otherwife called Phnhts^ Turkins^ or Cneflrine^Sy with
broad lifts ; (5) nor to any cloths called Packing fFhiteSy (6)
nor to the making of any cloths called VeJfeSy Cogware^ or fvbr^
JteiSy (7) nor of or to (he making of any cloths called Florences^
with cremil lifts, nor of or to the making of any woolen cloth
called Sailing Ware with cremil lifts, broad lifts, or fmall lifts,
(8) nor of or to the making of any woolen cloths called Bajiardsy
fo) nor of any cloths called Kendah^ nor of any cloth called
Frtfe Wariy nor to any of tliem, nor to the maker or utterer of
any of them.
XIX.
King's
perfSlly ,
of the iaid cloths.
CAP. TX.
In what fort Italian merchants may fill mercbaudifes. Se^
vcrai repaints of aliens.
ITEM, heeaufe our faid fovereign lord thi XSngj upon petition Tht gntf-
made to him in his faid parliament by the commons ^England, anccs done by
bath conceived and underjloody That whereas merchants firangers ^merchants
the nation of It^lwy tfi Venetians, Genoefc, Florentines, Apuli- j^^*^"^^H
ans, Cicilians, Lucaners, Cataloins, and other of the fanuMa- hit realm,
tion^ in great number do inhabit and hep houfeSy as well in the city
^London, as in other cities and boroughs within this his realm^ and
take warehoufes and cellar Sy and therein put their wares and mer*-
chandifes which they bring into this faid realm y ( j) and them in the
faid cellars and warehoufes deceitfully do packy mtngle^ and keep the
famey till fuch time the prices thereof be greatly erS)ancedy for their
great hure^ and the fame mercbandijes and wares they then fell to ail
manner
14 Anno primo Rich ARDX IIL [i482«
manmr pitpky as well within the forts whin thy bring the fmd
wans and merchandifeSj as to other divers and many places within
this reabny as well by retail as otherunfe ; (4) and alfi do bsty in the
/aid ports and other places j at their own liberty ^ the commodities of
this realm^ and Jell thejame again at their pUafure within the fame ^
as commonly and freely as any of the King^s Uege people dothy (5)
and do not employ a great part of the money coming thereof upon the
eommodities of this realm^ but make it over the fea by exchange to di--
vers other countries^ to the King*s great damage in lofs of his cuf
tomsy and to the great impoverijbing ofhisfaidfiibje£!Sy of whom they
Jbould buy the commodities of this ream :
IL And the fame merchants ^ Italy, and other merchants Jirangers
be hoftsy and take iento them people of other nationSy and to fojourn
with them daily y do buyy feUy and make privy andfecrot contra^s
and bargains with the fame peopUy to their great increafe and profity
and to the importune damage of the IGng*sfaidfubje£l5y and contrary
to divers ftatutes in this cafe provided and ordained:
IIL Alfo thefaid merchants of ItHy do buy in divers places within
this realm a great quantity of wool and woolen chthy and other mer-
ehandifes of the King's fubjeclSy and part thereof they fell again to the
fame fubjeSls and other withiH this realmy to their mofi advantagey
and much of the faid wools they do deliver to dothmakersy thereof to
make cloth at their pkafure.
IV. Moreover y a great number of artificers and other firangersy
not born under the Kin^s obeyfancey do daily refort and repair to the
city ^London, and to other citieSy boroughsy and towns of thefaid
realmy and much more than th^ were wont to do in times pafty (2)
and inhabit by themf elves in the laid realm with their wives y children y
and houjholdy and will not taie upon them any laborious occupationy
as going to plough and cart^ and other like bufmefsy but ufe the mai-
■ ing of cloth and other handicrafts and eafy occupationsy (3) and bring
and convey y from the parts beyond the Jeay great fubjiance of wares
and merchandifes to fairs and market Sy and all other places of this
realm at their pleafurcy and there fell the famcy as well fy retail as
otherwifey as freely as any of the King's fubjeffs ufe to doy to the
great damage and impoverijhment of the Kin^sfaidjubjeGsy (4) and
will in no wifefuffer nor take any of the Kin^sfaid Jubjeps to work
with themy but they take only into their fervice people born in their own
countriesy whereby the King's faid fubje^lsy for lack of occupation
fall into idlenefsy and be thievesy beggarSy vagabondsy end people of
vicious living y to the great per tur bonce both of the King and of all his
realm ; ^5) and when the merchant Sy artificer Sy and grangers before
rehear Jeoy have gained within this realmy by buying and fSUngy or by
fuch eafy occupations and handicraftSy great fub fiance of goodly with the
fame fubjiance they go out of this faid ream to fuch parts beyond the
fea as them liketh b^y and there fpend the fame goods oftentimes among
the Kin^s adverfaries and enemiesy to the great damage ofourfove*
reign lord the King and hisfubje£lSy and impoverijhment of this reabny
and the commons of the fame ; and fo by occafion of the premijfeSy the
fubjiance of the inhabitants in the faid cities y boroughSy and townSy
now late hath fallen^ and daily doth fall, into great poverty and de^
cay,
P
1483.] Anno prioxo Richardi III. 15
r^x, tc tbiir great undoings unkfs tbi Kinfs gracious aid be te tbem
in ibis bebdfjbewed.
V. Our faid fovereign lord the King, of his abundant grace,
willing againft the premiiles to provide remedy in this l^half^
by the advice and aflent of his lords fpiritual and temporal, and
at the prayer of the commons, in the faid parliament afTembled,
and by authority of the £ime hath ordained, eftabiUhed, and
cnaAed, That all merchants of the nation oi Italy ^ before re- Italian mer-
cited, not made denizens, which have now within this realm chants flialifel)
their iner«
in
wares and merchandiiS^ brou^t from beyond the fea, and be- ^han^b w
fore the feaft oi Eafter next comins (hall have, (hall caufe the ^(j, and"'
fame to be fold or bartered in grols, and not by retail, to the imploy tb<ir
King's fuUeas, before the fa^ day of May^ which (hall be in numeyin th«
the year of our Lord God one thoufand four hundred fouricore ^^^ y^3S,
and five^ (2) and (hall employ the money coming of that fale
before the firft day of May^ within the fame port or ports,
where they do arrive, upon the commodities and merchandifes
of this realm, (their reaibnable cofts andexpences always ex«-
cept and dedudted) upon pain of foifeiture of the value as well
of all the fiiid wares and merchandifes kept and not fold before
the faid firft day xAMay^ or otherwife fold than is above re^
hearfed, as of as much money as (hall be made over by ex-
change contrary to this aA. (3) And alfo that all the (aid
raerdiants of Italy^ which after the feaft of Ea^er next comine
(hall bring any mercnandifes or wares into this realm to be folo,
(hall fell or barter the (aid wares and merchandifes in grofs, and
not by retail, to the King's fubjeAs, upon pain of foneiture of
the value of the fame wares and merchandifes, which they (as
afore is faid) ftiall bring after the faid feaft oi Eafter. (4) And Strangerifliall
the £ud merchants which (hall bring in fuch wares and mer- ^[hLtTcrht**
chandifes after the faid feaft of Eafter to fell or barter, (hall fell months l^er
or elfe barter the fame within eight months next after their firft their arrival,
arrival in this realm, in the form aforefaid, and (hail employ ^<! employ
the money coming of or by the &id (ale or bartering, and eve- ^^ moncyt
ry of them, and with the fame buy the commodities or mer-
chandi(cs of this realm, within the faid eight months, in the
faid port or ports where they do firft arrive f the reafonable cofts
and expences always excepted and dedu6led} and in no wife to
naake over fuch money by exchange.
VI. And that the faid merchants do in no wiie fell nor barter Strangers may
within the (aid mdm their (aid wares and merchandifes, which ^^*^ *"?7 "*
feroain unfold after the end of the faid eight months, but carry ^not^eU ^
and cocivey the fame out of this realm within two months next within eight
enfuing after the faid eight months, if wind and weather will fuffer months.
it, or <^erwife as (bon as wind and weather will ferve them after
the fiud two months, upon pain of forfeiture as well of as much
money as (hall be made over by exchange, as of the faid wares
and merchandifes fo fold or bartered after the end of the £ud
eight months, not to be carried nor conveyed out of this (aid
realm in the form aforefaid, or the value thereof. (2) The pe«
xultiest forfeitures, wd lo(]e$ of all the premises always to
run
1 6 Attno primo IliCHARiri IV. [148^^
run sUid be upon the fiud merchants of the nation of Itafy doing
contrary to this ad.
Strangenmay VIL Provided always that it be lawful to the faid merchants
remove thtar of the nation of Italj^ all fuch wares and merchandifes, and e-
goods from very parcel thereof, which after the feaft of Eafier next coming
^^ ^® ihatt be brought to any other port or ports of this realm ofEng-^
knd to be fold, to convey the fame wares and merchandifes at
their liboties to any other port or ports, or other place within
this realm, and there to fdl the lame as afore is faid, fo diat
A {^^"S^ they fell or barter the fame merchandifes and wares in the realm
hoft to*a ^™»^ ^*ght months next after their firft arrival in any of the
ftnnger, un- fiud ports of this realmi; (2) and alfo that no merchant Aran-
lefs he be of ^er of what country ibever he be, (hall be hoft, or take to lb-
his own coun- joum with him in the fiud realm any merchant or ftranger, not
^* being of his nation or country, upon pain of forty pounds. *
Aliens (baU VIII. AUb that none of the £ud merchants of Itafyy not
not bny and made denizens, (hall fell or barter any woolen doths, wools^
lell ]»ool <>^ or other merchandifes in. this faid realm, which the (ame mer-
JUSSTtSs «hants of Itafy (hall buy within this faid realm ; (2) nor that
realm i the fame merchants, nor any other for them, (hall ddiver any
nor make wool to any perfon, thereof to make doth in this realm, but
'^^^aS'*^^^^* (hall have and convey the (ame woolen cloth, wools, and other
^Ito^ merchandifes, over the fea by the (hrdghts of Marrock^ upon
end. pain to forfeit the value of all the woolen cloths, wools and
other merchandifes which by them (hall be fo fold or delivered,
in whofe hands they (hall be found ; ^3) the forfdture of the
fiime to run and be upon the merchant ftranger.
An alien fhall IX. M(mover, that no perfon not bom under the King's^
not beanhan- obey(ance, as before is £ud, (hall exerd(e or occupy any han-'
^'vZS^"***^* dicraft, or the occupation of any handicraftfinan in this reUm
I Mod. 94. ^f England^ but that all fuch perfons which after the faid feaft
cS E^er (hall come into this realm, and every of them, (hall
depart into thdr own country aeain, or dfe be fervants to fuch
of the King's fubjeds onlv as be expert and cunning in fucit
feats, arts, and crafts, wnich the find (bangers can occu-
py, (3) upon pain of forfdture of all their eoods which (hali
come and dwdl in £bis realm contrary to this aA, in whofe
hands foever they (hall be found.
Aliens (hall X. Alfo that no perfon not bom under the King's obeyr»ice^
make no cloth nor made denizens, being artificer or handicraftfman, after the
withm this fay fe^ft of Edjier, nor yet any other for him, or to his ufe,
'* ^' drape or make any doth, or put any wool to woric to make cloth
of within the faid realm of England^ upon pain to forfdt the
fame cloth draped or made contrary to this ad.
ATiens Aiall XL Alfo that all perfons not bom under the Kim's obey-
fell their wares (ance, being artificers, or handicraft/men at the day of the ma-
in grofs, and i^i^g ^f this acft, dwelling in this faid reahn, nor none other
not by retail, f^^^i artificers or handicraftfmen, which hereafter fhaU inhabit
and dwell in the fame, which after the feaft of the Anmmaatum
of our Ladj next coming (hall uiie, exerqfe, or occupy the feat
of merchandife of any maaner of wares withia this r^m, fhall
fell
t4*5*3 Anno primo RiCHARDi III. 17
lell or baiter the fame ^wares or merchandife^ in grofs, and not
by retail, in the port, town, or place where the fame ar ificers
be, or fhaJl be dwelling, and m none other place, upon pain of
forfeiture of the value of all the wares and merchahdifes fold
contrary to this aA. (2) Alfo that no perfon not bom under Aliens fiiall
the King's obc^fance, mhabiting, dwelling, or holding any t^e jjo &{"-
great houfe or cnamber in this realm, and occupying any han- ^^^^fMc^
dkrrait, or being artificer, or handicraftfman, after the faid feaft ^ £17 c. 4.
of the Amtundation of our La^ next coming, fhall take any ap-
prentice, fervant, or any other perfon to work with him or to
bis uie, unlefs it be his fon or his daughter, other than at the
laid feail fiiall be apprentices or fervants with him, except that
the fame apprentices or fervants fo to be taken be the King^s
iubje^ts bom, upon pain to forfeit and to lofe for every ap-
prentice or fervant taken to the contrary xx. 1. (3) the one half Who ftall
of all the faid fines, forfeitures, and penalties, and of every of ft^lujis!
them, to be to the King, and the other half to be to him or
. them that will feife the fame, or purfue for the fame by adion
of debt, by writ at the common law, by bill or plaint, aftdr the
cuftom of the city or town where fuch fines, forfeitures, of
penalties hereafter (hall fall and be ; (4) and that the defend-
ant in any fuch adion (hall not be admitted to wage or do hifi
law, (5) nor no protei5tion nor eflbin of the King's fervice (hall
be allowed fuch defendant in the fame.
XII. Provided always that this a<ft, or any part thereof, or Aliens may
any other aft made or to be made in this faid parliament (hall ^ "^}"^ f
not extend or be in prejudice, difturbance, damage, or impe- This provifo
diment to any artificer, or merchant ftranger, of what nation repealed by
or countrv he be or (hall be of, for bringing into this realm, as H. s. c. 15.
or fdling oy retail or otherwife, any books Witten or printed^ * ^' 7- ^- ^^*
or for inhabiting within this faid realm for the fame intent, or \^ j^Jg^ ^, *5^
any fcrivener, alluminor, reader, or printer of fuch books, %% h. 8. c. 13.
which he hath or (hall have to fell by way of nierchandife, or 3* H. 8. c. i6.
for thdr dwelling within this faid realm for the exercife of the
faid occupations, this adt or any part thereof notwithftand^
C A P. X.
The (fatute of aa Edward 4. c. 3. prohibiting wrought
laces of (ilk to be brought into this realm, continued foe*
ten years.
CAP. XL
Ten bowftMisJhaU be brought into this realm for every butt
^ ofmalmfy.
ITEM, // wasjbewed in the faid parliament by the bozuyers in- ^i^ft, ^55^
habiting within the dtieSj ieWns and boroughs of this realm^ oc"
cupying artillery pertaining to the fame for the defence of this realm^
that whereas in times pafl good and able fluff of howflaves hath been
brought into this realm as Wjell by Englim merchants asflrangersy
whereby the inhabitants bowyers might competently live uponfuchftuff^
Vol. IV. C which ^
iS Aiino pritno RlCHARDi l£[. [1483*
wbUb thiy bought at forty JbilUngs the hundred^ orfortfJixJlnUings
eight pence at the mofi : (2) now it isfoy that by tbefeditious canfe^
deracy of the Lombards ufin^ to divert ports of this reabn^ the botu^
Jiaves be now at ftuh an outragious price ^ that is to fay at tight
pounds the hundred^ where they were wont to be fold at forty ftnl-
lings \ (3) andalfo they will not fuffer any garbling to be made of
them J but fell good and evil atfuch an excejfrue price together utigar-^
bledy that by likelihood injbort time this realm is Uke to fail as well
(ffiuffof artillery^ as of workmen thereof ^ unlefs due remedy be in
this behalf Jhortly found and had: (4) wherefore our faid ibvereign
lord the King, by the aflent of the faid lords fpiritual and tem-
poral, at the prayer of the faid commons, in the iaid parlist-
ment aflembled, and by authority of the fame, hath or-
dained, eftablifhed, and enadled. That no merchant of Venice^
nor other which ufeth to repair into this realm with merchan-
difes of thofe parts, fhall bring nor convey into this realm any
merchandifes, unlefs the fame merchants do bring with every
Ten bow- butt of malmfey, and with every butt of tyre, ten bowftaves
ftaves (hall be ^ood and able ftulF, (5) upon pain of forfeiture of xiii. s. iv. d.
^h^"^^ *"fo ^^^ ^^^ of thi laid wines fo brought and conveyed, and
cverybutt of P^ *® ^^^ number of bowftaves with the fame butt \ the one
malmfey or half of the fame forfeiture to be to our fovereign lord the King>
tvre. and the other half to the party which will therefore fue. (6)
Bowftavei ^^d that no fuch bowftaves be fold ungarbled, and but only to
fold ungart ^^^^ pcrfon or perfons which is or mall be born under the
bled. King's obeyiance. This aft to begin and take effect at the feaft
6 H. 8. c. 1 1, of St. Michael next coming.
CAP. XII.
Certain mercbandifes prMbiied to be brought into this realm
ready wrought.
Ed. 4. C.4, TTEM, it was Jbewed in the fame parliament by the artificers of
A the faid realm ^ England, <aj well of the city of London^ as of
ether cities^ towns^ boroughs^ and villages of the Jame realm^ that is
to fay^girdlerSy pointmakerSy pinners^ purfers^ glovers^ cutlers^ blade-
fmithsjblackfmithsj fptrrierSygoldbcaterSypainterSjfadlerSj lorriners,
founders J cardmakers^ hurerSy wyremongersy weavers^ hornerSj bottle-
' maker Sy and copper-fmithsy that whereat they were wont in times paft
to be greatly fet aworky and occupied in the faid crafts for thefuftenance
of themfelves^ their wivesy childreuy apprenticeSy andfervantSy and
many other of the King's fubje£ls j (2) nowfo it iSy that by merchant
firangersy aenizenSy and other y there is brought into thefe parts from
beyond the feaSy to be fold within this realm of England, as much
wares as may be wrought and made by the artificers above rehearfedy
that by reafon thereof the people offirange countricsy where thefatd
wares be madey be greatly occupied and increafedy and the faid artificers
in this realm greaify impoverijhedy and without the King's graujhew-^
ed to them in this behalf are like to be undone for lack of Occupation:
II. Our faid fovereign lord the King confidering the pre-
mifics, by the advice and aflent of the lords fpiritual and tem-
poral)
1483*} jAnno piitno Rich AiU)i lit. t^
poral, and at the prayer of his commons, in the MA parliament
aileinbled, and by authority of the fame, hath ordained and
provided. That no merchant ftrangeft after ttie feaft of Eqflir
next comings ihall bring into thi$ realm of England to be (bid Certain met-
any manner of girdles, nor hunefs wrought for girdles, points^ vv^^^^^f!^
laces, leather, purfes, pouches, pins, gloves, knives, hangers, broS^ht wa^
taylors (hears, fcidbrs, andyrons, cupboards^ tongs, fireforks, dy wrought
gridyrons, ftocklocks, keys, iiinges and garnets, fpurrs, painted into this realm
glaws, painted papers, painted £orcers, painted images, paint-* to be fold.
M doths, beaten gold, or beaten (ilver, wrought in papers foi^
painters, faddlers^ faddle-trees^ faorfe-hame^, boots, bits^
mrrups, buckles, chains, latten nsuls with iron (hanks, tur*^
nets, (landing caildlefticks, haneing candlefticks, holy-water
ftopps, chafEng-diihes, hanging Tavers, curtain-rii^s, cards for
wool, (except Ruin cards) dafps for gowns, buddies for (hoes^
broches, bdls (except hawks-bells) tin and leaden fpoons^
ware of latten and iron, iron candlefticks, grates, horns fot
lanthoms, or any of the faid wares made and wrought pertain-^
ing to the crafts above fpecified, or any of them, (2) upoil
pain to forfeit all the faid wares fo brought into this realm con-^
trary to this a£t, or the value of the iame, in whofe hands they
or any of them (hall be found; the one half of fuch fines and
forfeitures to be to the King, and the othor half to himot
them that (hall feife or purfue wr the fame by z&ioa of debt, by
writ or bill at the coomion law, or by bill or plaint, sdfter the
cuftom of the city or town where any fuch (ines, forfeitures,
and penalties (hall hereafter happen to be or fall ; (3) and that
the defendant in fuch a<ftiofi be not admitted to wajge or do his
law; (4) nor that any. protection or eflbin of the King's fervice 4 ^J- ^'^' ^
(hall be allowed in the fame for any fudi defendants J\J '♦^'**
CAP. XIII.
ne ctmtcnts of vejfels of wine and dily which may not he foU
till gauged.
TO the ISng our jowrAgn krd^ Jbevoth Unto ymr Highnefs
lamentaify camplaining your bumbk commons of this your pre^
fmtperSammiaJfmbted^ in the name of ihmfelf and of all your other
hunMe commons of this your honourable reamj that whereas butts of
uwie^ tailed Malmiey, tvere wont in great plenty to be -brought into
this your fud realm to be fold iefore the twenty feven a^S twenty
eight years of the reign efHiNtry tie Sixths hte in deed and not
of right Mng of England, and alfo in the fame years^ and then •
dithers of the butts held in meafure feven fcore gallons a piece^
and divers held fix fcore twohe gdms a pieces and the teaft of
them held fix fcore fix gallons a piece ^ and then a man might buy
imd have of the merchants firanger^ feller of the fend mahnfeySj
by mean of the faid plenty of thom^ for l.s. or liii.s. iv. a. at
and have of the merchants firanger^ feller of the faid mahnfeys^
by mean of the find plenty of thom^ for l.s. or liii.s. iv. a. at
tbemoji a butt of fuch wine^ he taking for his payment thereof
two parts in woolen cloth wrought in this your faid realm^
and the third pari in ready money : It is fo, fovereign lord^ that
by the fitbfle and. crafty means of fitch porfons ftrangers as have
C a the
^o; Anno ptimo Richardi III. Ci483«
the fide of fiub wimsy the wbuh have been made denizens with-'
in this ywr find realm j haw caufed the butts of mabnfeys late^
wards brought into this your faid realm to be fold^ for to before
cbr egged dnd tmnijhed of the faid meafure fo largely ^ that a butt
of their mdlmfeys at this day fcantfy holden in meafure five fcore
eight gallons-, and befules that they knowing^ as it feemethy what
quantity of fucb wine may ferve yearly to be fold within this your
faid realm^ where they were wont to bring hither yearly great
quantity and plenteoufly of fuch wine to be fold after the prices
^aferefaidj of their crafimefs ufe to brinz no more hider now
in fate daysy but only as v^oUe fcantly jerve this realm a year^
wherethrough they have enhanfed the price of the fame wines to
eight marks a butt ready moneys and no clothy to the great «r-
riching of themfelf^ and great deceit, lofs% hurt^ and damage of
you J fovereigh brdy and of all your commons of this your faid
realm ; in confideration of which hurts and damages aforefmdy and
for the reformation of the fame, pleafe it your highnefsj of your
mofl bounteous and benign grace, by the advice and affent of your
lords fpiritual and temporal, and of your commons, in this your
prefent parliament affembled, for to ordain, enaff, and eftabUfi in
this your prefent parliament, and by authority of the fame : our
faid fovereign lord the King, by the advice ana affent of the faid
lords fpiritual and temporal, and at the fupplication of the faid
commons^ in the faid parliament affembled, and by authority of the
fame, hath ordained, eJiabUfl!>ed, and enabled. That no manner
Confirmed by merchant or other perfon v^atfoever he be, from the Feaft of
a8 H. S. C.14. gj^j^^ Michael the Archangel next coming, (hall brii^ nor caufe
* ^* to be brought into this realm, any butt of malmfey to be fold,
unlefs it do contain in meafure at the leaft the faid old meafure of
a C.xxvi. gallons, (3) nor no veflels with any manner wines,
Tht contents y^hoever they be, or of what countiy they be, nor no manner
fclof^cMid ®^ vcffcls of oil, unlefs the fame veflels of wine or oil do con-
oil brought tain and hold the meafure and aflife following, that is to fay,
into the realm every tun to contain twelve fcore and twelve gallons, and every
to be foki. pipe to contain fix icore and fix gallons, every tertian to contain
fourfcore and four gallons, and every hog(head to contain fixty
three gallons, and every barrel to contain thirty one gallons and
an half, and every rundlet to contain eighteen gallonis and an
Veflels 0f ^^^> according to the old aflife and meafure of the fameveOels
wine and oil ufed in this realm. (4) And that all the vefifels of wine and oil
iiall be brought into this realm after the £iid feaft to be fold, (hall not
ga*5K^- g be put to fale after the famefnift, till they be well and truly
Rec€«npi;iS:e'8?Hg«d ^yjhe King's gauger, or his fufficient deputy, iipon
to be made to p&m to forfeit to the Kmg all the faid wines and oil fold con-
the buyer fbr trary tp this prefent ordinance, or elfe the value of the fame.
Ihort meafure. /^j ^nd in calc that any perfon, of what country 'that he be,
nrom henceforth do fell to any of the King's liege people, for
any certain price affigned, any butt, tun, pipe, tertian, hogf-
head, barrel, or rundlet of any manner vnne or oil, lacking
any thing of the faid aflife or m«ifure, that the feller (hall allow
or rebate of the (kme price to tb« buyer of Aich wine or oil as
2 much
*483] ' Anno primo RiCHARPI HI. a:?
much money as fuch lacking after the rate (hall amount to, up- '
on pain to forfeit to bur fovereigq lord the King th^ value of
all the wine and oil fo Ibid contrary to this prcfcnt ordinance j
(6) any privy covenant or contraA made or to be made be*-
twixt the buyer and the feller contrary to this onUpance ix> any tg H, 6. c.17.
manner notwithftanding. u H» 7, c.4.
CAP. XIV.
Accumptants for difmes of the ckrgy not chargeable to anfwer
other mens fuit sin tie exchequer.
ITEM, fyhereasthe clergy of the provinces of C^nXtAyyxry and
York, have before this time divers times granted to the Kin^ 5
progenitor Sy in their convocations j Difmes to be levied of their goods
and pojfeffionsy and after that they do appear before the barons of the
King^s exchequer J and the nanus of the coUeHors for the fame
grant be certified in the faid exchequer ^ when the faid collegers
do appear before the barons of the exchequer y and enter into their
account for the faidDi&aisSy that then the faid coUe&ors be of-
ten charged^ vexedj and troubled with bills put by other per^
fonsagainft them^ for other caufes and matters than touching the
fcdd account^ and oy occafion thereof ofientimes they fall to great
poverty^ and caifeth the faid account to be two or three years
banging and the Difmes not contented^ to the Kin^s great damage^
and the f aid ceiketors alfo :
II. U is therefore ordained and eftablUhed by the King, his
lords fpiritual and temporal, and the commons, in this jprefent
parliament ailembled. That from henceforth if any Difme^ qc
any part of a DifnUj be granted by the province of either of the
(aid cleigies, to the King our Sovereign lord, or to his heirs,
that after the faid certificate returned into the exchequer for the
Difme or part of the Difme^ and of the names of the colIeAors
for the gatherinj; of the fame Difme^ that if the faid coIle<5bors Accountants
come by procete before the faid barons of the exchequer, and ^^^u^**.*'*
enter in their account, that they (hall not be bound to anfwer ^fj^^^h^
to the faid bill or bills there put againft them, by reafon of the mensfuitt xt^
faid entry in their account, for any manner caufe, but only for the exche-
the matter touching the fiiid account. ^^^^
III. Provided always. That if the faid accomptant be fuedin
any other court by writ, bill, or plaint, that then he (hall take
DO privile^ of the (aid exchequer, by reafon pf the faid account
for any fuit, as before is rehearfed.
CAP. XV.
A reiumption of all grants, and eftates of lands, iic. made to
Elizabeth Grey late Queen of England.
Thus End the Statutes made in the Reign pf King Richard
the Third.
C 3 * -A^?
&t Anno primo HsNRjrci VII. [h'S*
Anno prim H E N R I C I VII.
Statutes made at Wefiminjier in the firft year of
King Henry yiL aid in the year of oof
Lord 1485.
THE King ourfiverftgn l(frd Henry the Seventh after the cm-
queft^ ij the grace ofGedy King (^Enj^^ndy and 9/ Franco*
(md lord of Ireland, at bis parliament holden at Wdlihinfter the/e^
'ventb day of November, in the firjl year of his reign^ to the ha*
nmr of God and holy church j and/or the common profit of bis realm^
iy the ajfent if the krds fpiritual and temporal j and the commons y in
thefaid parliament ajfembledy and by authority of the faid parliament j
bath done to be made certain JIatutes and ordtnames in manmr cmd
form foUcmng* . . * -
CAP. I.
jIn aSi to maintain a Formedotf aMtn/l the pernor of the
profits pf lands enfeoffed to ufe.'
XI Co. ?i. T7IRST, That where divers of the King's fubjecfts having
F. N. B. i4*« Jf} caufe of adtion by Pormedon vfi flie dcfcendcr, or clfe in the
AafrSc^^^'^ remainder, by force or any tail for lands and tenements, be de*
tainable"***^' frauded aftd delayed of their faid adtions, and oftentimes with-
againft the out remedy, becaufe of feoffmei>ts made of the fame lands and
pernor of the tenements to perfons unknown, to the itjtent that the demand-
Ir^^R* anfs (hould not know againft whom they (hall take their anions :
4H. t'c%!^* (^) ^^ *^ ordained, eftabliflied and enadledby the iidvice of the
»x H. 6. els. lords fpiritual and temporal, and the commons in the faid par-
4 H. 7- c.*4: liament aflcmbled, and by authority of the fame. That the de-
The tenant m mandant in' every fuch cafe have his aftion againft the pernor or
tkMiflwllhwcP^^^^''^ of the profits of the lands or tenements demanded,
aid prajert whereof any perfon or perfons been enfeoffed to his or their ufe,
voQcher and (3) and the fame pernor or pernors named as tenant or tenants
Mer idrafi- ]^ ^j^g fajj adliori, have the lame vouchers, and their lieu therc-
T2e*tenant ^P^^t ^^ prayer*, and all other advantages, as the fame pernor
Ihall have his or pernors QiQuId have had, if they were tenants indeed, or as
tiffe and other their feoffees fbould have had, if the fame adlion had beeii
hdvantage*. ' conceived againft them, ^(4) And if it fortune any perfon to
a^nft"hc 3cceafe fo having feoffees to the ufe of him or of his heirs, the
pcrnorsof the faid heir being within age, againft whom fuch aftion is brought
j)rofits, and as pernor j then the fame heir fhall have his age in the faid ac-
tbeir fcolftes, tion conceived againft him, ' and all other advantages, as if the
t? H.^S.^c!io. ^^^^^'^^ h*4 died feifed of the faid lands and tenements fo in de-
s f . . ' / ' mand. (5) And ^fo it is ordained by the faid authority, That
all recoveries as (hall be in any fuch adlions againft fuch pernor
. or pernors, and their heirs, ana their faid feoffees and their heirs,
and the co-feoffees of the faid pernors and their heirs, (hall be
as good to the recoverers aiid their heirs, as though the faid per-
nor or pernors were tenants indeed, or feoffees to their ufe, or
thf ir heirs, as is abovefaid, of the freehold of the faid lands ancj
tenements, at any time of the £ud adUon ufed.
CAP.
1485-] An"^ F*"^^ Henrici VII. ; 13
CAP. II.
jBiens made deniztns Jhall paj fueb ctifioms as they dia
before.
ITEM, lyhere in time pqft divers grants have been made by jjut. ijt.
King Edward the Fourth^ as well by his letters patents^ as by affs
efpar^mentj to divers merchants Jirangers b&m out of this realm j to
be dmixensj whereby they have am enjoy fuch freedoms and liberties^
as do denizens bom within this realm^ as well in abatement of their
ctifiom, which theyjhould bear if they were no denizens j as in buying
andfelUng their merchandife^ to their great avail and lucre', (2} ami
oft-times fiiffer other Jlrangers^ notdemzens^ deceitfully to Jbip and
carry great and notaole fubjiance of merchandife in their nameSj by
the vwicb the fmd goods be free ofcuflom in Uke wife as they were
goods of a denizen J where of right they ought to pof euftom as the Aliens made
goods of grangers', by the which they be greatly advanced in riches denizens (hall
and honour \ l^) and after they befo inricoed, for the moflpart thfy pay fuch cuf-
cortoey themfelves with their faidgoods into their own countries^ where- Si?bS>i«
in they be naturally born^ to the great impoveriflnng of this reabn^ xi H. 7. c'14..
and to the great hurt and defraud of the Kin^s highnefs inpayment of%\ H. s. c.i6.
Useuftoms^ (^) Wherefore it is enadled, eftablifli^, and ordain- " ^*|^^*''
cd by the advice of the faid lords (jpuitual and temporal, and ^"^^^^<^'J„.
commons, in the faid parliament afiembled, and by authority modities by *
of the fame. That any perfon made, or hereafter to be made s5Car.i.c.6.
denizen, (hall pay for nis merchandife like euftom and fubQdy, j- >• and by
as he ought or fhould pay afore that he were made denizen } any ^*i^toai(^'
letters patents, or other ordinances by parliai^^nt, or otherwife, toms payable
contraiy to this made notwithftanding. by them.
CAP. III.
No protection ftiall be allowed in any court in OMs^ or th^
marches thereof
CAR IV.
An aH to punifh priefls^ for incontinency^ by their ordinaries.
ITEM, For the more fure and likely reformation ofpriefts^ clerks^ -^
and rdigious men, ctflpobU^ or by their demerits ^eny reported^ * ^*^
of incontinent Uving in their bodies, contrary to their order : (2)
It is enaded, ordained, and eftabliihed, byi the advice and
ailent of the lords Ipirituad and temporal, and die commons, in
the faid parliament aflembled, and by authority of the fame.
That it be lawful to all archbiftiops and biftiops, and other or-
dinaries, having epifcopal jurifdidUon, to punifti and chaftife
iuch priefts, clerks, and rdirious men, being within the bounds p. - .
of their jurifdiAion, asfliallbeconvided afore them by exami- clerks ftSu b«
nation, and other lawful proof, requifite by the law of the puniihed for
church, of advowtry, fornication, inceft, or any other fleflily mcontinency
incontinency, by committing them to ward and prifon, there ^f|V"^ ®^^'
to abide for fuch time as fhall be thought to their difcretions
convenient for the quality and quantity of their trefpafs; (3)
and that none of the faid arcbbimops, biihops, or other ordi-
C 4 W^s
24 Anno primo HlNRICl VII. [^+85.
«
naries aforefaid, be thereof chai^eable of, to, or, upon any
adion of falfe or wrongful imprifonment, but that they be ut«
terly thereof difcharged, in any of the cafes^aforeiakij hy virtue
' of this adt.
CAP. V.
An ad ihewing the duties of a cordwainer, tanner, and currier,
CAP. VI.
A pardon granted to all them who aflifled the King in his wars
againft Richard duke of Gloiuc/lsr.
CAP. VII.
AnaSjhewing the penalty for hunting in the nighty or with
dtfgmfing.
Inconvenien- TT£M, Forafmuch as before this time divers ordinances andjla^
ciesenfuing X iutes have been made in divers parliaments holden in the fame
^arks^&c^in* »^/tf^/w, for the punition of inordinate and unlawful huntings info-
tliemght,*or ^^J^h parks j and in warrens within the faid realm^ which fiatuies
difguiied. and ordinances notwithfianding^ divers perfons in great number ^
1 Roll, 110. f^ffie with painted faces^ fome with viforSy and otherwifedifguifedy
i\uft to the intent they Jhould not be known^ riotoujly^ and in manner of
Co!'Lit. 370. ^^^ arrayedy have oftentimes of late hunted^ as well by night as by
day^ in divers forejts^ par is j and warrens in divers places of this
realm^ and in fpecia I in the counties of Kentj Surrey, ^ir^Suflex,
(2) by colour whereof have enfued in times paji great and heinous re-
belUonSy infurreSfions^ riots^ robberies^ murders^ and other incon*
venienceSy to the provocation andenfample of riotous and evil-difpofed
perfons of this realm in fo offending^ tohich tffences could not be
punijhed before this time according to the faidJtatuteSj ordinanceSy
and laws of this faidrealmy. becaufetbat tbefaid mifdoersyby reafon
of their painted faceSy viforsy and other difguipngs could not he
The penalties i«Mvw ; (3) The King our fovereign lord, of his noble and
for hunting in abundant grace, confidering the premifles, by the advice and
with'd^?*^' ^^ aflcnt of the lords Ibiritual and temporal, and commons, in the
guifcs/andtof*^^ parliament aflembled, and by authority X)f the fame, or-
derly it being daineth. That at every fUch time as information fhall be made
examined. of any fuch unlawful huntings by nieht, or with painted faces,
i Ed. I. c.ao. hereafter to be done, to any of the King's counfd, or to any of
the jufticcs of the I^g's peace of the county where any Aich
hunting (hall be had, pf any perfon to be fufpe<ft thereof that
^hen it (hall be lawful to any of the fame coun&l, or juftices of
peace, to whom any fuch information (hall be made, to make a
wartrant to the (herifFof fuch county, or to any conftable, bailifF,
or other officer within the fame county, to take and arreft the
£ime perfon or perfons of whom any fuch information fhall
be made, and to have him or them afore the maker of any fuch
warrant, or any other the King's faid counfel, or juflice of his
peace of the fame county; (4) and that the faid counfellor, or
juftice of peace, afore whom fuch perfon or perfons fhall be
brought, by his difcretion, have power to examine him or them
io brought afore the faid counfellor or juftice, of the faid hunt-
ing,
1485.] Anno primo HenRICi VH. 25
ing, and 6f the faid doers in that behalf; (5) and if the fame The penalty
perfon wilftiUy ccmceal the faid huntings, or any perfon with '^****°?^r°*''
him defective therdn, that then the fame concealment be againft ^^^ ^
every fuch perfon fo concealing felony, and the fame felony to
be imiuired of and determined, as other felonies within this
realm have ufed to be; (6) and if he then confefs the truth,
and all that he (hall be examined of, and knoweth in that be-
half, that then the (aid offences of huntings by him done, be
againft the King our fovereign lord, but trelpafs finable, by rea-
Ion of the fame confeifion» at the next general feflions of the
peace, to be holden in the fame county by the King's juflices of
the fame feflions, there to be fefled. (7) And if any refcous or Refcout of an
difobeyfance be made to any perfon having authority to do ex- offender is
edition orjufticeby any fuch warrant, by any perfon the which '**®"3^"
fo (hould be arrefted, fo that the execution of the fame warrant
thereby be not had, that then the fame refcous and difobeyfance
befdony, enquirable and determinable as is aforefaid. (8 J And Hunting dif-
over this it is enadted and eftablilhed by the laid authority, That g^i^d, or in
if any perfon or perfons hereafter be convlded of any fuch hunt- fcionyf * "
ings, with painted faces^ vifors, or otherwife difeuifed, to the
intent they ibould not be known, or of unlawnil hunting in
time of nighty that then the fame perfon or perfons fo conviA
to have like punition, as he or they (hould have, if he or they 9 ^ 3- ^^ >•
were convidl of felony. *^-'®*
CAP. VHL
No Gafioin or Guien wines (hall be brought in, but by Engliji,
Irijbf or Wiljkmeny and by their (hips.
CAP. IX.
A reviver for twenty years of the (htute of 22 Ed. 4. r.3. ref-
training the bringing in of wrought laces, t^c.
CAP. X.
Revocation^ of the penalties of King Richard's a£l
againft Italians.
ITEM, The King our faid fovereign lordy underflanding by a ,
fupplication put unto his Highnefs in this his faid parliament by
the merchants «/* Italy, refuknt in this his faid realm of England,
that where by an a€t ofparSamentj made in the parliament ^Rich-
ard late pretending him to be King of England the Thirds holden at i R. 3. c. f «
Wcftminfter the firfi year of his reign^ it was ordained andpro*
videdy That all merchants of the nation of Italy afore rthearfed^ not
madg denizens J which then Jhouldhave within ibis realmwares and
snercbandifes brought from beyond the fea before the feaft ^Ea(Ver
then next enfu^ngy Jheuld do^ felly or barter them ingrofsy and not
by retail^ fo the King's fubje^s afore the firfi day of May, that thei»
JbouU be in the year of our lord God M,CCCC,LXXXV. j/nd
the money coming of the falcj before the faid firfi day^ within the
fame part or forts where they arrived^ employ upon the comnuditits
and merchandifes of this realm^ their reafonaUe cojls and exponas
ahvay except and dedu^edy upon pain of forfeiture of the value^ as
well of all the faid wares and merchandifes kept and not fold afore
if>e
t6 Anno primo Hsnrici VII. l^^g.
ihifmifrji Jay^mr dAerwififiUtben as ah/vefaidyandtffimucb tn^
my as jbwUhi madi owr by ixtbangi contrary 19 thefaidaif. And
that all ibi /aid fmrcbanis {^Italy, tbi tuhub after tbifaid Fwmjt
^Eafter brought any mercbandife or wans into this realm to befibf^
jbouldfiU or barter the fame wares and mercbandifei in grof$^ and
not by rttaily Unto the Rmg^s fubjeeis^ upon pain of forfeiture of the
value of the fame wares and nurebandifes otberwije fold, jindtbm
ibefaid mercbantSj their faid wares and mercbandifes^ which they
/bouU bring after the faid Feaji of Eafter, Jhould do^ barter arfett
the fame within -eight months next after the firji arrival info tint
Team inform aforefaid: and the money coming of or by the faid fak
or barterings of them j and every of themy employ and therewith buy
the commodities or mirchandifes of this realm ^England within
the faid eight months ^ in thefame port or ports where they JhonUfrJl
arrive y their reafonaUe cofts and expences alway except and dedu^^
ed\ and that they Jhould tn no wife make anyfuch money over by ex^
change. And the faid merchants y their faid wares and merchandifes
remaining unfold after the end of the Jiaid eight months ^ in no wife
Jhould fiUy nor barter within the faid realm, but that they Jhould
carry and convey them out of the faid realm j within two months then
next following after the faid eight months , if wind and weather will
ferve it, and eye as foon as the wind and weather willferve tbem^
after the faid two months ^ upon pain of forfeiture as well of as much
money as Jhould be made out of the faid realm by exchange^ as of the
faid wares and merchandifes fojoldor bartered after the end of the
faid eight months J not carried nor conveyed out of this faid reabn^ in
form aforefaidy or the value thereof: the forfeitures j penalty, and
lofs of all the premijfes, to run and be upon the faid merchants of
Italy, dnng contrary to this a£t. And alfo that nofiranger^ ^
what country foiVir he were, fiould ho/l, or taieto fojourn with him
within this realm ^England, any merchant fir anger, not being of
the fame nation that he fljould be of, upon pain to forfeit and loje at
every time that he fo doth xl.li. And that no merchant Jbranger he
fit bojl norjojoum with any other merchant fbr anger, not being of
bit ncftion or cotmtry, within the faid realm, upon tain of xl* li.
And that no Jfranger Jhall buy any wool, the which jball he font or
pafs through theftreights of Mzrrock, by gallies, carracks, orjhips,
or other vejfels', forted, clacked, or barbed, nor any wool, whereof
locks or refufefbonld be made, but that the fame wool Jhould he as it
were Jhorn^ and cfean wound, without anyforting, barking, or
^ clacking, or locks 0r reftife thereof to he made, as it is aforefaid, up^
fn pain of forfeiture of the fame wool, and the double value thereof^
as by thefame a^ more plainly may appear, Alfo that the faid mer-
chants of Itsly Jhould have and convey their wool, woolen cloth, and
^11 their other merchandifes^ over the fir eights of Marrock, ttpon
fain of forfeiture of thefame, as by thefame a if plainly appeareth.
The King our faid fovereign lord, by the advice of the lords
fpiritual and temporal, and the commons, in this prefent parlia-
ment affembled, and by authbrityof the fame, hath ordained,
eftabliflied, and do tobeenaAed, That the abovefaid forfeitures,
penalties, feisu^e, and aSions^ co(nprifed in the faid aAs, and
6 every
i487«] ' Anno tcrtio Henrici VIL vf
xstTf of fhefi), be revoked, vdd, annulled, and of no ftren^,
»uiift all manner of perfons, except and referved only to the
King, to be at liberty, to have and cigoy aH mwincr of leizui«s,
forfeits, »d penalties in Che iaid adts Ipecified : and that it b^
lawfiil to the King, to grant to his befeechers his letters of fafe
condvA, and letters patents, furcly to be enjoyed, according tt>
the tenors thereof, the above&id a« and aAs notwithfemding,
in as unj^e wife as though they had never been had nor made.
The fecond parliament, holdcn in the third year
of King Hen. VII.
TH E ^ng ourfovereign lord Henry the Seventh^ by the grace
•f God King of England and of France, and lord of Irehnd,
at his prefem parliament holden at Wcftminftcr the ninth day of
Novembet, in the third year of his reign j to the worftnpofGod and
holy churchy and for the common wealth of this his realm j by the ad^
vice of his lords Jpiritual and temporal^ and the commons in theprefent
parliament ajembled^ and by authority of the fame parliament j hathor'^
dained and eftablified certain Jlatutes and ordinances^ in manner and
form as hereafter enfueth.
CARL
ST^e authority of the court offiar-chamher. Where one in-
fUift Jball enquire of the concealtnent of another. Acoro--
ner^s duty after a murder committed* Ajufiice offeaae
fiutU certify bis recognifancesj dec*
FIRST, The King ourfaidfovereignlordremembereth^howbyun^ j Inft, ,^^
latvfsd maintenances, giving of liveries jjipts and tokens, and re»
tainders by indentsires, promifes, oaths, writings, or otherwife em^
braceries cfhisfubje^s, untrue demeaningsofjheriffs in making ofpa»
nels, and other untrue returns, by taking of money, by juries, by
great riots, and unlawful ajfemblies, the policy and good rule of this
realm is almojl fubdued, (2; and for the not pumjhing of thefe incoU'*
veniemies, ana by occaficn of the premijfes, little or nothing may be
found by inquiry, whereby the laws of this land in execution may take
little effiff, to the increaje of murders, robberies, perjuries, andun^
fitreties of all men livings and lojfes of their lands and goods, to the
great £jpleafure of almighty' God : (7) Therefore it is ordained^ Thcauthori^
for reformation of the premises, by authority of the faid par* of the coi^
liament. That the chancellor and treafurer of England for the of Star-
- - — - - . . - . chamber.
bench, and' common place, for the time being, or other two
juftices in their abfence, upon bill or information put to the faid
chancellor for the King, or any other, againft any perfon for
any milbehaviour afore rchearfed, have authority to call before
them by writ, or by privy feal, the faid mif-doers, and them,
and other by their difcretion, by whom the truth may be known
t6
28 Anno tertio Henrici VIL [hS/.
to esaoiine, and fuch as they find therein defedive^ to punifh
them after their demerits, after the form and effed of ftatutes
thereof made, in like mamier and fi>rm as they fliould and
ou^t to be punilhed^ as if they were thereof conviA after
An inoQeft the due order of the law» (4) And over that it is ordained by
cbas^Mtoin- the authority aforefiud^ That the Juftices of the peace of every
^^^1^ ^^\ ^^ ^^ ^^^^ ^^^ ^^^ ** ^™® ^^^^Z "^y ^^^^ ^y *cir difcrc-
of arrathcrb- ^^^ and inqucft, whereof every man (hall have lands and tenc-
qaeft. ' ments to the yearly value of forty (hillings at the leaft, to in-
quire of the concealments of other inqudls taken afore them,
ahd afore other, of fuch matters and offences as are to be in-
quired and prefented afore juftices of peace, whereof complaint
(hall be made by bill or by bills, as well within (ranchife as
without. (5) And if any fuch concealment be found of any
inqueft, as is afore- rehearfed, had or made within the year a-
forVthe fan^e concealment, every perfon of the fame inqueft to
be amerced for the fame concealments, by difcretion of the fame
juftices of the peace, the faid amerciaments to be ktkd in plein
fe(rions.
The caufft (6) Item^ the King remembering how murders and flaying of bis
ivhy murden fubje^fs daily do iucreafe in this land, the occafions whereof be dtversi
^'SedT ^^^ ^^^ ^^'^ ^'^ ^^^^ where fuch murders hat to fall and be doruj
"* mil mt attach the murdenr^ where the law of the land is. That ^
any manbeflain in the day, and the felon not takin, the townjbip whePi
the death or murder is done, Jhall be amerced; (7) and if any man be
wounded in peril of death, the party thatfo wounded ftmfd be arrefled,
and put injurety, till perfe^ knowledge be had, whether he fo hurt
Jbould live or die : (8 ) and the coroner upon the view of the body dtady
fliould inquire of htm or them that had done that death or murder, of
their abettors and conf enters, and who were prefent when the death or
murder was done, whether man or woman, (9) and the names of
them that were prefent J and fo found, to inrol and certify, (10)
which law by ncghgence is dijufedy and thereby great boldnefs is given
to flayers and murderers; (11) and over this it is ufed, that withnn
the year and a day after any death or murder had or done, the felony
Jbould not be determined at the King's fuit, forfaving of the tartfs
fuit, wherein the party is oftentimes flow, and alfo agreed with, and
by the end of the year all isforgotten^wbichis another occafton of mur-
der. ( 1 2)^ A^d alfo he that will Cue any appeal, mufi fue in proper
perfon, luhichfuit is long and cojtly, that it maketh the party appel^
<hJi°^^"^^t /<««/ weary to fue. (13) For reformation of the premi(ies, the
hb officrac* ^"^8 ^"^ fovereign lord, by the afTent of the lords fpiritual and
cording to the temporal, and the commons, in the f^id parliament aflembled,
law. and by ?^uthqrity of the fame, will that every coroner exercife
Ain d ^"^ ^^ ^'^ 9'^fr^ according to the law, as isafgre reheaifed;
indtoed AaH (h) an4 that if any man he flain or murdered, and thereof the
be prefently flayers, Qdurderers, abettors, maintainers, and comforters of
arraigned at fhe fame, be indi<2e4, ^'^^ ^'^ ftnae flayers and murderers,
^c King's ^nd all other acce(&ries of the fame, be arraigned and de-
termined of the fame felony and murder, at any tjqic, at the
King's fuit, within the year after the fame felony and murder
' done.
1487.] • Anno tcrtio Hekrici VII. 29
done, and not tarry the year and day for any appeal to be taken
for the fame felony or murder ; ( 15) and if it happen any perfon 3 Inft.Miy2t 3.
named as principal or accef&r^, to be acquitted of any fuch ^I^SST^^
murder at the King's fuit, within the year and day, that theii ^^^^^^^^
the fame juftices afore whom he is acquitted, (hall not fuffer him (^1 not be
to go at large, but either to remit him again to the prifon, or let at liberty.
elfe let him to bail, after their difcretion, till that year and
day be palled; (16) and if it fortune the fame felons of mur- 3 Mod. 156.
derers and acceiiaries fo arraigned, or any of them, to be acquit, i SaUc. 63.
or the principal of the faid felon^r, or any of them, to be at- *^^^8i •S*
tainted, the wife, or next heir to him fo (lain, as (hall require,
may take and have their appeal of the fame death and murder
witnin the year and day after the fame felony and murder done,
againft the faid perfons fo arraigned and acquit, and all other
their accei&ries, or againft the acce^Taries of the faid principal,
or any of them fo attainted, pr againft the faid principals fo at*
tainted, if they be on live, and the benefit of his clei^ thereof
before nothad : ( r7)and that the appellant have fuch and likead- Appeal a-
vantage, as if the faid acquital or attainder had not been, the fhat^s"*-*
faid acquital or attainder notwithftanding; (18) and over that raTgncdof'^'
the wife, or heir of the faid perfon fo (Iain or murdered, as the murder.
cafe fhall require, may commence their appeal in proper perfon, Within what
at any time within the year after the faid felony done, before r""*LJ"^ ^*
the Ineriff and coroners of the county where the faid felony or ap^al 6f* ^
murder was done, or before the King in his bench, or juftices murder (hall
of gaol-delivery; (19) and the appellant in any appeals of mur- he com-
dcr or death of man, where battail by the courie of the com- 2f"^* «
mon law lieth not, may make their attomies, and appear by ,„ayma]kcbi»
the fame, in the faid appeals after they be commenced, to the attorney,
end <^the fuit, and execution of the fame. (20) And if any i^^^^, .^^
perfon be (lain or murdered in the day, and the murderer fcape i And. 6S.
untaken, that the town(hip where the faid deed is fo done, be
amerced for the faid efcape, and that the coroner have autho-
rity to inquire thereof upon the view of the body dead; (21)
and alfo juftices of peace have power to inquire ot fuch efcapes,
and that to certify afore the King in his bench ; (22) and that
after the felony found, the coroners deliver their inquifitions
afore the juftices of the next gaol-delivery, in the ftiire where
the inquintion is taken, the fame juftices to proceed againft
fuch murderers, if they be in the gaol, or elfe the fame juftices
to put the fame inqui(itions afore the King in his bench. (23)
And forafmuch as coroners had not nor ought to have any
thing by the law for their office doing, which oft-time hath
been the occafion that coroners have been femifs in doing their
office; (24) it is ordained, That a coroner have for his fee, ^*'«^^']^'J*^'*
upon every inquifition taken upon the view of the body (lain ^^^\
xiii.s. iv.d. of the goods and chattels of him that is the (layer body (laia.
and murderer, if he have any goods, and if he have no goods,
then the coroner have for his (aid fee, of fuch amerciaments as
(hall fortune any town(hip to be amerced for efcape of fuch
murderer as is aforefaid. (25) And if any coroner be remifs. See iH.s. cr,
and
30 Annetof^HtliRlci VIL [1487-
The penalty ail<l fiiake fiot inquifitioos ufoa th« view of the body desid^ and
of a coroner cerufv oot according as is a!bre atdamedj that the coroner for
^?|?^- every default forfeit to the King an hvuadrcd ihilUi^s. (z6)
theTMaccftall And aUb it is ordained by the lame authority. That every juftioe
cerdiV a re- of peace within this resim^ that fliall take any recogniCo^ for
cognifimce by ^^ keeping of the peace^ that the fame juftioe do certify, iend^
t h"* ^"^tfe/^ **^ bring the fiwie rec^nifanctf at die neafitfeflions ofpeaoe^
fions. where he is or hath been juftice, that the party £0 bound naav
So imich of be called ; (27) and if the paity make default, the fame defimtt
this ilatute as then there to be recorded, and the iam^ recognidmce, witb
rcUtcstolivc. ^ ^^^^ ^£ ^jjg default, be fent and certified into the dum-
c^by sS^ i>ay, or afore the King in his bend^ or into the Km^9
C.4. exchequer.
• CAP. II.
TiefBomltyfur carrying a woman sway i^ainfi berwilltbat
hath lands or goods.
3 Ed. I., c.ig. TTEM, ff^here women^ as well maidens^ as widows^ and wrms^
3 Inft. 61. Jl having fubflancesj Jome in goods moveabk^ andfomt in lands and
\juu^^^ **^ ^^nementSy anajomt being heirs apparent unto their anodlors^ for the
iAnderf.ti5.ii^r^ of Jiich Juijiances bun oftentimes token bj mif-Mrs^ contrary
1% Co, 100. to their wiU^ and after married to fucb m^-doersj or to other by
^T^^ll^^^* "^ <Ji7<f^^ ^^ defoitedj to the great difpleafure ofGodj andamtrarf
HoS, 182.*^** /^ the King's lawSj and difparagemeiUs ofibefaid women^ and utter
Kcl. 81. * hcanjinefs and difcomfort if their frienas^ ana to the evil enjample cf
F€]onytoczr> an other : (2) ft is therefore orchined, eftablifiied, and ena&ea»
ry away a wo- fey our fovercign lord the King, by the advice of the lords fpiri-
i^cTv^C That ^^^ ^^^ temporal, and the commons, in the faid parliament af-
haih lands or fcinbled, and by authority of the fine. That what perfon or
eoods, or is perfons from henceforth that taketh any woman £0 againft her
ncjj* W*^^ will unlawfully, that is to fay, maid, widow, or wife, that fuch
to ker anceit. ^jj^ing^ procuring, and abetting to the,fame, and alio receiving
By 39EI.C.9. wittingly the lame woman fo taken againft her will, and know^
this oifenceising the fame, be felony; (3) and thatf\^ch mif^^doers, takers,
ouftcdof clcr- and procurators to the fame, and receitors, knowing the faid ofc-
S^* fence in form aforefaid, be henceforth reputed and judged as
principal felons. (4) Provided alway. That this a6t extend
not to any perfon taking any woman, only claiming her as hi»
ward or bond- woman,
CAP. HI.
Juftices of peace mtty kt prifoners to haiL The Jherifffidl
certrfj the names of all his prifoners at the gaol-delivery.
\T E M, Pf^'here in the parliament late holden at Wefhninftcr, the
" fi^ft y^^^ 9f Ricl^ard, late in deed^ and not of rights King (jf
England, the Third \ it was ordained and enabled among other di^
vers aHs^ llyat every jujiiee of the peace in every Jhire^ city^ or
town^ Jhould have authority and power j by his or their difcretion^ to
let prifoners y and terfons arrejied for light fufpicion of felcny^ to hail
3 Ed. I. C.I5. ^^ mainprife 5 (a) by colour whereof afterward divers perfons^ fuch
as were not mainpernable^ were oftentimes leUen to bail and main"
prife.
I
14M7.} Anno tenjo Henrici YU. ji
friffy by jufiicis of tbi piacij againji the dm ferm §/ tbi lawy
wberify many murdinrs andfiUm ijcaped^ to the gnat difpUafurs
rf tbf JSngy and annajanci ^ bu lUgt ftopk : (3) Whercfom
tne King our faid fovereigniord coK&dering it, by the advice
and aflent of the lords fpiiitual and temporal^ and the commons,
in this prefent parliament aflembled, and by the authority of
the iame, hath ordained, eftablilhed, and cnafted. That the
juftices of peace in every (hire, city, or town, or two of them
at the leaft, whereof one to be of the ^f^rKm, have authority < ^t 3 ^*t*.
and power to let any fuch prifoners, or perfons mainpernable by ^^^ \X
the law, that have been imprifoned within their feveral coun- a pri^one/to
tics, city, or town, to bail or mainprife, unto their next gene- munprife,
ral feflions, or unto the next gacd-delivery of the fame gaols in who m main-
every (hire, city, or town, as well within franchifes as without, P«ro»W^*
where any gaols have been or hereafter fiiaQ be s (4) and thatthe Inforced by
faid juftices of the peace, or one of them, fo taking any fuch l^* ^il* &
bail or mainprife, do i^rtiiy the fame at the next general fef- Mar.c.13.
(ions of tfaep^ce,or the next general gaol-delivery of any fuch
gaol within every fuch coimty, city, or town, next following ^
after any fuch bail or mainprife fo taken, upon pain to forfeit
unto the Kmg, for every default thereupon recorded x. li. (5} ThefherliP
And moreover it is enabled by the feme authority. That every ft^all certify
fherifr, boUUF of franchife, and every other perfon, having J,^«^^^^^^^
authority or power of keeping of gaol, or of pnfoners for fe- his cuftody to
lony, in like manner and fonn do cert^ the names of every the juftices ot
fuch prifoner in their keeping, and of every prifoner to tham gaol-dcUTery.
committed for any fuch caufc, atthe next general gaol-delivery,
in cilery county 6r franchife where any fuch gaol or gaols have
been, or beredlter fhaU be, there to be kalendred before the
juftices of the deliverance of the fame gaol, whereby they may,
as well for the King as for the ptfty, proceed to make deKver-
ance of fiich pnfoners according to the law, (6) upon pain to A «P«al «f
forfeit unto Ac King forcveiydofauk thereof recorded, C-s.*^^^*^^^^^
(7) and that the forefaid 2A givmg authority and power in the touching baU-
premifles to any juftice of the peace by himfelf, be in that be- ing of prifoa**
half utterly void and of none effeft by authority of this prefent g?;
pariument. ^^^^^^S^^,
CAP. IV.
^l deeds of gift made to defraud creditors fball le void.
ITEM, Tbat wbire oftentimet dseds of gift of goods and chattels so.Ed.vcfi.
hofft ban made^ to tbi intent to defraud their creditors of their » ^' *• *^*^- *•
duties J and tbat the per fan or perfons tbat maietb the faid deed of ^'^j^l ^^^
giftgO€tb tofanQuarj^ or other ^aees privileged^ and occupieth and
hveth with tie faid goods andchatteby their creditors being unpaid :
(2) It is ordained, enabled, and eftablifhed by the afTentof the
loids fpiritual and temporal, and at the requeft of the commons
in the faid parliament aflembled, and by authority of the fame,
ThataU deeds of gift of goods and chattels made or to be made ^,°f°^^,
of truft, to the ufe of that perfon or perfons tbat made the fame ^^ dcfraudcrc-
deed of gift, be void and of none effed. ditort (haUbe
CAP. void.
3* Anno tettio Henrici VII. [1487.
C A P. V.
Rep. II ■ H. 7. All bargains by the name of dry exchange, (hall be void, where-
c.». & 37 H. l,y ;my certain fum fhallbe loft.
'•'•'• CAP. VI.
None (hall make any exchange without the King's licence, or
make exchange, or rechange of money to be pslid within the
. land, but only fuch as the King (hall depute thereunto, to
keep, and make anfwer for fuch exchanges and rechanges
Kep. 37. H.S. upon the pain contained in 14 R. 2. c. 2. viz. upon forfeiture
^9- of the fame, 25 Ed. 3. Jiat, 5. r.12. 9. Ed. 3. r.7. iS£d. 3.
i^"* ♦S- ji^f^ 2. C.6. All unlawful chevifance and ufury (hall be extir-
pate ; all brokers of fuch bargains (hall be fet on die pillory,
put to open (hame, be half a year imprifoned, and pay twen-
ty pounds.
CAP. VII.
ji certificate Jhall be made of goods brought into one port and
removed to another. One man Jhall not enter goods in the
name of another.
A c^ficate JTEM, The King our fovercign lord, by the advice and alTcnt
brought into ^ °^ ^^ ^^^^^ fpiritual and temporal, and the commons
one port, and a(rembled in the faid parliam^t, and by authority of the
cuilQxned»and fame, hath ordained and enadted. That every nterchant, as
then removed ^gU denizen as (banger, which (hall bring from hencefortfi
into another. ^^^ manner of goods into any port within this realm by way of
merchandife, and there do enter the faid goods or mercnandifes
in the books of the cuftomers of the faid port where the goods
and merchandifes (hall firftcome to, and the King's duty there-
of, the faid cuftomers contented, or therefore with him agreed,
and afterward that done, will convey or carry the fame goods
or merchandifes from thence in any other port within the faid
realm : (2) that then the owner of the faid goods and merchan-
difes,'his {z&ox or attorney, (hall bring from the cuftomers of the
port where the faid goods or merchandifes be fo entered, a cer-
tificate under the fame cuftomers feals, direded to the cuftomers
of the port whereto the faid goods or merchandifes (hall be con*
veyed or carried, making mention within the (ame certificate, as
well of the natural coloiu", length, and value of all merchandifes^
fo entered, ufed to be meafured with ein or yani, as of the
natural weight, content or valure of all manner of other mer-
chandifes, ufed to be weighed or valured : (3) and that the fame
certificate fo made be delivered to the faid cuftomers, before the
faid goods be difcharged, fo that they may fee whether the na-
ture, colour or length, valure, content or weight of the fame,
do agree within the faid certificate, fo that the King be not de-
Thc penalty ceived of his cuftoms and fubfidies thereof due. (4) And if
of acuftomcr any certificate from henceforth be made by any cuftomer of any
omuting bi9 port whereto any fuch merchandifes or goods (hall be firft
* brought, and there in their books entered, not making mention
according as is aforefaid, that then the faid cuftomer or cuftom-
ers.
i486.] Araio tertio Henrici VII. ^3
erf 9 for their mifbehaving, (hall lofe their oiSce, and make fine
with the King for the fame at his pleafurc. (5) And further- the forfeiture
more, if any fuch goods or merchandifes, or any parcel there- ifthe goods be
of be difcharged, unpacked, or put to fale within arty port then ^o\d bcforcthc
within the fame where they (hall be firft entered, before the faid ?^^^}^^^^ ^^
cenificate (halJ be delivered, and the fame goods and merchan- *^^ "
difes feen according as above is expreded : that then all the faid
goods or merchandifes be forfeited to the King our fovereien
lord ; the one half thereof to remain to his Highnefs, and £e
other half to him or them which (hall prove any fuch goods or
merchandifes fo forfeited. (6) And that the cuftomer or cut
tomers, nor no deputy to any fuch common officer to whom
fuch certificate (hall come, take nothing for the fight of the fame
goods fo certified: (7) alfoit is ordained and eftablinied by au- be f^red ^^^
thority aforefaid. That no manner of merchant, denizen ne anyothcrpcr-
ftranger, do take upon him to enter, or caufe to be entered in fon'snamcbut
the lx>oks of any cuftomer of any port within this realm, any inibcowncr»,
manner of mercnandifes coming into this faid realm, or going
out of the fame, in any other merchant's name, faving only the
name of the true merchant owner of the fame, upon pain of for-
feiture of all fuch goods and merchandifes fo entered: (8) and Acommonof-
every of the fafd merchants, which fo (hall take upon him to Acerin a city,
caufe fuch untrue entry to be made, to have imprifonment, and borough, &c.
make fine therefore at the King's pleafure : (o) and that no per- ^^ ^ ^^
fon take upon him to be cuftomer, comptroller or fearcher in comprrolfer ^
anv port, m any city, borough or town, where he is common or fearcher
officer, nor no deputy to any fuch common officer, upon pain there,
of forfeiture for every half year that he occupieth the faid com- Rep.iH.8,c.>
mon office, andofficeof cuftomerfhip, comptroller or fearcher, S^**-
the fum of xl.li. the one half thereof to the King, and the.' ~^*'^-"'
other half to him that will fue for the writ, bill or information. ^JJ^a butS
CAP. VIII. the owner'.
Merchants aliens^ &c. and viBuallers^ Jhall imploy tbeir^'^^^^
money upon the mercbandife of this realm.
ITEM, That wbire in the parliamtnt of King Edward /A^ 17 Ed. 4. c.i.
Fourtby holdin at Weftminfter the feventeenth year of his reign^
it was ordained among other y That every merchant alien j and every
ether viffualler, and other Jir anger ^ not being denizen^ that refort
to any place or port within this realm^ or Wales, after the Feajl of j
Eafter then next following^ Jhould duly imploy all the money hy him to ::*
he received within any port within this realm^ or Wales, upon the
merchandifes or other commodities of this realm ; {2) or elfe without
fraud put the fame money in due payment within this realm j the
fame imployment or payment duly to he proved by the merchant, vie*
tualler^ or other Jiranger, before bis departing out of the fame port^
by writing from the merchant or merchants^ to whom the faid mer*
chant alienj vi£iualler, or other fir anger ^ hath imployed or paid his
monoy by him received for his merchandifes brought into this land^
witneJRng that he bath fo done, or elf e by fuch proofs as JhaU be
thought reafonabli tot hi cujiomer or comptroller of the fame port, or
Vol. IV. D <•
34 Anno terrio Henrici VIL f i 486.
t9 the mayor ^ bailiffl or other chief governors of afiy city^ borough, or
town where any fuch portjhall be, (3) upon tain of forfeiture of all
his goods being within this realm^ and to have imprifonmgni of a
year \ (4) faving to every fuch merchant, viSfualler, and other
Jir anger, his reafonahle cofls, with certain frovifions in the fame.
as by the fame aSt more at large doth appear: (5) which ait was
made to endure but only from the faid Feafl of ^n^tx, to the end of
feven years then next enfuing ; fo that no gold and fihtr rectivedhy
merchants aliens, and other victuallers and firangers, not being de^
nizens, for merchandife brought into this land^ is not imployed upon
the commodities of this land, but conveyed and carriedout of this realm,
iothe great hfs of the King, in his cuflom andfubjidy, and the im-
poveri^ing 0/ this realm : (6) It is enaSed, oraained, and efta-
blifhed by the King our fovereign lord that now is, by the advice
of the lords fpiritual and tcmpcHral, and at the prayer of the
commons, in the faid parliament aflembled, and by the autho-
rity of the fame. That the faid a£t made in the faid feventeenth
A confinna. year of the reign of King Edward the Fourth, with all things
ft^ttrte of t comprifed in the fame touching the premiffes ^ and cve^ provi-
Ed. 4! c.il^ ^^" made in the fame, be good, effe6hial, and endure ror cver^
touching* (7) Alfo it is enadted by the faid authority. That every mer-
merchants chant of Ireland, Jernfey, or Gernfey, that bringeth any mer-
fli5l mTl** chandifes into this realm, fhall imploy the money received for
the money V ^'^^ ^^^^ merchandife {his reafonable expcnces deduced) upon
them received the commodities of this land, or elfe without fraud put the fame
upon the money indue payment within this realm; (8) the faid imploy-
2*th?*r^l "^^^ ^ payment to be proved as is aforefaid, upon pain of
4H.+?c.is™*^°"^^^^"r^ ot the vahie of the merchandife fo brought into this
»7H. 6. cr3. land. (9) And it is ordained by the faid authority, That every
gH. >. C.9. cuftomer or comptroller (hall take fufRcient fiirety of every of
conunuedfor the faid merchant, viftualler, or other ftranger,, to imploy the
/^^"fif value of the faid merchandifcs, or to put the fame money for
' ' * the &id merchandifes received in due payment, his reafonable
expences always deducted, upon pain or forfeiture of the value
of the faid merchandifes, the one half of the fadd forfeiture to
the King, the other half to the party that will fuc for the fame.
Tills to be^n and take eSedt at the Feaft of Chriflmas ne^
coming,
CAP. IX.
Freemen of London m(tf carry their wares to any fairs or
markets.
HU M BL Y ftfewen and profen onto your Higbnefs, yonr true
and faithful commons of this your reabn of England, That
ivhere the citizens and freemen of the city of London have ufed out
of time of mind to go, carry, and lede their merchandife and ware
unto all fairs and markets at their liberty out of the fasd city % new
wf late time the mayor, aldermen, and citizens of theeityof London,
have made and enabled an ordinance within the fame city, upon a
great pain, that no man that is a freeman or citizen of the faid city,
fhall go or come to any fair or market, out of the fame city ^Lon-
don, mth any manner of ware or merchandife to fell or to ksrter, to
a ibis
14S6.] AnnotertioHENRici VIL 35
this intenty that all bwfers and merchants fiould refort to the /aid city
tQ buy their ware and nurchahdifes of the /aid citizens and freeman of
London aforefaidy becaufe of their lingular lucre and avail \ which
ffrdinanee^ if it Jbould hold as is before exprejjedy fhall be to the utter
de/lnUHen of all other fairs and markets within this your realm, which
Cod defend J for there he many fairs for the commonweal of your faH
liege people, as at Salilbury, Briftol, Oxford, Cambridge, Not-
tingham, Ely, Coyentxy, and at maf^ other places where lords fpi-^
ritual and temporalj abbots, priors, knights, ejquires, gentlemen, and
jour fcad commons of every county hath their common refort, to buy
and purvey many things thai be good and profitable , as ornaments of
holy church, chalice, books, veftments, and other ornaments of holy
church aforejaid, and alfo for houfebold, as victual for the time of
Lent, cmd other fluff', as Hnnen doth, woolen cloth, brafs, pewter, bed*
ding, ojmonde, iron, flax, and wax, and many other neceffary things,
the which might not be forbom among your f aid liege people ; but, by
the fold ordinance, evers man willing to buy any ofthepremiffes,Jball
be courted to come to the faid city ^London, to their importable cojts
and charges, which, if the faid aSl fbould endure, Jhallgrow great
hurt and prejudice to the common wed of this your reahn, ojdjhall caufe
many pernicious flrifes and debates between your faid liege people, and
the faid mayor, aldermen, and citizens in time to come, by the making
of the faid ordinance, the which is thought may not continue andfland
with rood charity, the premijes conftdered\ wherefore it rrtaypleafi
yottrmd ISghnefs mofi noble and abundant grace, tn confideration of
the hurt likefy to grow of and by the premijjes, that it may be enaSfedT
(2) The King our fovereign lord, in confideration of the hurt
likely to grow of and by the premiiles, hath by the advice and
aiflent of me lords fpiritual and temporal, and the commons, in
the faid parliament aflembled, and by authority of the fame, or-
dained, ftahlilhed, and enacted. That every freeman and citizen
of the £ud city of London, that now is, or hereafter Ihallbe, OKiy Citlcent and
lead, carry, and gp with his or their vi<fhial, ware, or mer- freemen of
chandife, whatfocver it be, at his or their libaty, to any fair ^^^IJ^^^jJ^^^^
or market that (hall pleafe him or them, within this realm of ^su^to any
England^ any ftatute, adl, or ordinance, made or to be made fairs or mar*'
within the laid city of London to the contrary of the premises ^**
notwithftanding; (3) and the faid ordinance and a£t made in the
(kid city (hall be void and df none efiedt; (4) and that no per-
ibn of the &id city be hurt or prejudiced in lofing of his liberty
and (iranchife within the faid city, or otherwife, by reafon or
occafion of admdling and avoiding of the faid ordinance and a A,
or for not obeying to the efFed of the fame, (c) And if any
perfon be prejudiced in any wife by occafion of the fame, he
that putteth or caufeth ahy perfon to fuch prdudice, (hall lofe
and foi^it unto the King x.l. as often as he fo doth ; (6) and
he that will fue for fuch forfeiture, (hall have therefore an aftion
of debt againft fuch offender, the King to have execution of the
one half, and he that fueth the other half; (7) and in fuch ac«
lion the defendant be not admitted towage his law.
Da GAP.
jg Anno tcrtio Henrici VII. [1485.
CAP. X.
Cojis^ tec. awarded to the plaintiffs where the defendant
fuetb a writ of error.
„ TTEM, That where oftentimes plaintiff or demandant^ plmntiffs
McS. cafes' JL or demandant s^ that have judgment to- recwer^ he delayed of exe^
in law, 314.. cutionjfor that the defendant or tenanty defendants or tenants^ againfl
whom judgment is given, or other that been bjtmd by the faidiudg--
Th I * tiff f'^^Ufueth a writ or writs of error to adnul and reoerfe thefaid
fhaUrecoicr judgment, to the Jntent only to delay execution of the faid judgment :
cofts and da- (2) it is enacted, ordained, and eftabliflied, by the advice of the
mages where j^^ds fpiritual and temporal, and at the prayer of the commons,
the defendant j^^ ^j^^ ^^^jj parliament aflcmblcd, and by authority of the fame,
eiror beTorc l^^at if any fuch defendant or tenant, defendants or tenants, or
execution. if any Other that (hall be bound by the faid judgment, fue, afore
I>ycr, 77. execution had, any writ of error to reverfe any fuch judgment,
Cro. El. 588, j^ delaying of execution, (3) that then if the fame judgment be
Cro. Car. 14.5. affirmed good in the faid writ of error, and not erroneous, or
19 H. 7. c. lo. that the iaid writ of error be difcontinued in the default of the
Salk 105. party, or that any perfon or perfons that fueth writ or writs of
Rayra. 134. error, be non-fucd in the fame, that then the faid perfon or
pcrfonS, againft whom the faid writ of error is fued, mall reco*
ver his colts and damage fbr his delay and wrongful vexation in
Co. pla. f. ft. the fame, bv difcretion of the juftice afore whom the faid writ
24., i6x, 19s. of error is uied.
CAP. XL
No cloth fhall he tranf ported until it be barbed^ rowed, and
fhom.
7 Ed.4.. c. 3. TTEM, Wlnre in the faid parliament it wasjbewed by Jhearmen,
' ' ' A fullers, and other artificers, thatjhovld live and obtain their needy
fujientation by mean of drapery made and draped within this realm,
as well throughout the fame realm, as within the city ^London,
that where in afatute made the feventh year of the reign of King
Edward the Fourth, among other it is contained. That no perfon,
denizen ne ftranger, Jhould carry, or do to be carried to any parties be*
yond the tea, any woolen yarn or cloth unfuUed, but that the woolen
yam to be made in this realm Jhould be woven in the fame ', 1%) and
alfo all cloth in the fame madejhodd be fulled and fully wrought with^
in this realm, before that any of the fame Jhould he hid or carried out
of this realm. Upon pain of forfeiture of the very valure of fuch yarn
not weaved, and cloth not fulled, had or carried out of this realm*,
(3) the one half of the forfeiture to be levied to the ufe of the King,
and the other half to him or them that Jhould efpy, or make proof of any
fuch yarn not woven, or cloth not fulled, carried to any place beyond the
fea.
II. Andforafmuch as in the faid Jlatute of King Edward there is
no exprefs mention made, that thefaid cloths Jhould be rowed andjhom
afore that they bi carried and conveyed out of this realm, whereby the
faid, poor commons of the crafts aforefaid might befet in labour and
occupation-^
1485.1 Anno tcrtio Henrici VIL 37
ccaipation ; thenfore the /aid ckthsy ever fitUna unto this day^ have
been, and yet daily are in great number carried out of this realm ^ un- no woolen
rswedj and unjbom^ into the parts beyond the fea^ as well by denizens cloth ihall be
as /{rangers J whereby outlandijb nations^ with the fame drapery^ are tranfportcd
Jet in labour and occupation^ to their great inrichingj and the poor barbcW*-
commonsofthe crafts abovefaidy through all this realm^ that of natural ^ed, and
reafin^ as the Kin^s true liege men^Jbouldhave and obtain their needy (horn, except
fuftentation and living by means of the fame drapery^ for lack offuch Veflcs.Rays,
occupation daily fall in great number into idlenefs and poverty^ to their S^sulingCloths,
uttermojl deJlru£iiony if it Jhould any longer continue: (2) the King gy* h.8.c. 3.
our fovercign lord, by the advice of the lords fpiritual and tem- & ayH.g.c.'n!
poral, and at the prayer of the commons, in this faid parliament white woolen
aflcmbled, and by authority of the fame, hath ordained, ^fta- ^|^®^*^»^^- |JJ*J
bli(hed, and enadted. That no ftranger nor denizen carry, or unrhornjfect
make to be carried out of this realm, any woolen cloths, but 33 H. s/c. 19.
that they before be barbed, rowed, and (horn within the fame 8 El- c 6.
realm, for the relief, and fetting on work of the faid poor com- '^ Aim.c. 16.
mons, upon the pain and forfeiture limited in the faid ftatute of
King Edwardy made upon cloth carried out of this land not ful-
Jed, to be divided in manner and form as in the fame ftatute it
is contained. (3) Provided alway. That cloths, called vejfes^
RaySy Sailing Cloths^ and other cloths, commonly fold at forty
(hillings and under, be not comprifed in this prefent z&.
CAP. XII.
The King's officers or tenants (hall not be retained by liveries Rep. 3 Car. i.
with others. c 4.
CAP. XIIL
No long bow (hall be fold over the price of iii. s. iv. d. 33 H. s. c. 9.
CAP. XIV. Kep.8El.c..».
Conjpiring to dejbroy the King^ or any lard or counfelloTj or
great officer jjhall be felony.
ITEM, Forafmuch as by quarrels made to fuch as have been in
great authority^ office^ and of council with Kings of this realm^
hath enfued the deftruHion of the Kings, and the undoing of this realm ;
[2) fi as it hath appeared evidently, when compaffing of the death of
fuch as were of the Ktng^s truefubjeSis was had, the dejfru^ion of the
prince was imagined thereby, and for the moji part it hath grown and
been occajiened by envy and malice of the King*s own hou/boldfervants,
as notv of late fuch a thing was likely to have enfued \ (3) andforfo^
much as by the law of this land, ifa^ual deeds be not had, there is no
remedy for fuch falfe compaffmgs, imaginations, and confederacies had
againfl any krd, or any of the King's council, or any of the King's
great officers in his hmjhold, asjleward, treafurcr, and comptroller,
and fo great inconveniencies might enfue if fuch ungodly demeaning
Jhould not bejlraitly punijhed before that aSiual deed were done: (4) 3 ^^^^ 37> ih
therefore it is ordained by the King, the lords fpiritual and tern- 39-
poral, and the commons, of the faid parliament aflembled, and
by authority of the fame. That from henceforward the fteward,
treafurcr, and comptroller of the King's houfc for the time be-
D 3 ing,
}^
3t Annp quarto Henrigi VII. [1487.
ing, or one of them, h;ive full authority and power to enquire by
twelve fad and diicreet perfons, of the cheque-roll of the King's
honourable houihold, if any fervant admitted to be his fervant
in his houfe fwom, and his name put into the cheque-roll of his
houfhold, whatfoever he be, fervlng in any manner, office, or
room, reputed, had, and taken under the ftate of a lord, make
any confederacies, compafGngs, confpiracies, or imaginations,
with any perfon or perfons, to deftroy or murder the Kin^, or
any lora of this realm, or any other perfon fwom to the King's
council, or fteward, treafurer, or comptroller of the King's
houfe, (5) that if it be found afore the &id fteward for the time
being, by the faid twelve fad men, that any fuch of the King^s
fervants as/is abovefaid, hath confedered, compared, confpired^
or imagined, as is abovefaid, that he fo found by that enquiry,
be put thereupon to anfwer ; (6) and the ftewara, treafurer, and
conlptroUer, ortwo of them, have power to determine the fame
(natter, accordin| to the law : (7) and if he put him in trial,
that then it be tned by other tweive fad men of the fame houf-
hold, and that fuch Qiil-doers have no challenge but for malice ^
(8) and if fucli mif->doers be found guilty by confeflion or other-
wife, that the faid offence be judged felony ; and they to have
Ca B;nt. 4S»f judgment and execution as felons attainted ought for to h^ve by
*74» the common h^w.
The third parliament, holden in the fourth year
of the reign of King Hen. VIL Jnno Dom.
1487-
TO the worjhip of God and holy churchy and for the commm weal
and prof t of this realm ^England, ourjovereign lordHe^ry
by the grace of God King ^England and France, and lord ^Ire-
land, thefeventh after the conque/l^ at his parliament hotden at
Weftminfter the thirteenth day ^January, in the fourth year of bis
reign ^ by the advice and ajfent of the lords Jpiritual and temporal j and
the commons y in the faid parliament affemmed^ and by authority of the
fami^ hath done to be made^ ordained^ and eftablijbed divers Jlatutes
and ordinances in form as foUoweth,
EXP.6H.6.C.5. CAP. I.
t H. 6. c. 3. Commiflions of fewers ihall be made into all the parts of this
aiH 6 c '°* realm, and to the marches of Calais^ Gt(ien^ and Hamms^
vi Ed. i. cJf. during twenty five years.
4 U.S. CIO. CAP. II.
jUlaying of^otd andjiker^ meltings ftUing^ an4 marking tbi
fame.
ITEM, Whereas it tvas of old time ufedy and continued till now of
lateyearsj that there was for the weal of the King cmd the realm^
finer s and porters of gold andfiher by fire and water ^ under a rule
and order belonging unto fhf mnts of Ijoxidon^ Cal^is^ Canterbury,
Vorli
1487 J Anno quarto Henrici VIL jg
York and Durhzmf and in ether places where mints been holden^
end at the goUfiniths ball in London, to jine and part all gold and
fther belonging and needful for the faid mints and fellowjbip of gold--
Jmthsj for the amendment of money and plate of the realm^ that every
thing might be reformed to the rightflandardj as well in money as
plaUy to the Uafteoft^for the weal of the Kin£s noblemen of the landj
and common people : (2) butfo it is now, that fuchfiners and porters
if gold and fther by fire and water.y dwelling abroad in every place of
this realm out of the rules aforefaid^ and buy gilt ftlper from the mints^
changes^ and goldfmiths^ and part and fine it as is afore faid^ and for
the moftpart oftheftlverfofinedy they do aUay it in divers manners^,
and fell it at tieir pleafures to every man of what eflate or degree fo^
ever he fe, that will hey ofthem^ to makefuch works asple^yeth the
buyers', (3) therefore men can get nofinejiher when they need it for
their money ^ for the amendment of money a^dplate^ as hath been in
timet paft\ wherefore it caufeth money and plate in divers places of
the realm to be made worfe infinenefs than itjbould be^ as it appear etb
evidently in divers places ^ to the great hurt of the King*s noblemen of
the land^ and common people: (4) wherefore the King our fovereign
lord, by theaflent of the lords fpiritual and temporal, and of the Aliayinr of
commons, in the faid parliament aflembled, and by authority of gold and fiU
the lame, hath ondained, enadcd, and eftabliflied. That no finer y**"* r"^*^'
of gpld and filvcr* nor parter of the feme by fire or water, from j-J^g * ^
henceforth allay any fine filver or gold, ne none fell in any other
wife, ne to any perfon or perfons, but only to the officers of
mint», changes, and goldfmiths within this realm, for augmen-
tation and amending of coin and plate, as is aforefaid \ (5) and
that the mafters of mints, changes, and goldfmiths, for all fucb
fine gold or filver coming to them, to anfwer the value as it i$
worth, according as it is now and hath been in ancient time ac-
cuflomed after me rate offineneis: ^6) ne that no finer nor
finers, parter nor parters, fell to no perfon, neither to one nor
to other, any manner of filver into mafs molten and allayed, up-*
on pain of forfeiture of the fame» the King thereof to have one
half, and the finder that can prove, and will fue for it in the
King's exchequer, the other half. (7 ) and if any finer or finers, ^^^^^ ^••
parter or parters of gold and filver, either by fire or water, allay ^^gi^j ^'ijg
or fdl any manner fine gold or filver, otherwife than it is or- ^
dained in this a<^f he or they to lofe thq value of the fame gold
or filver fo allayed or fold ; the King to have the one half, and
the finder that can prove it, and will fue for it in the King's
exchequer, the other half^ {V) Alfo all fuch fine filver as (hall
be parted and fined as is aforefaid, that it be made fo fine, that
it may bear twelve penny weight of allay in a pound weight, and
yet it be as good as fterhne, and rather better than worfe ; (cf) Afinerofgold
and that eveiy finer put his feveral maii^ upon fuch fine filver, and (iWer
to bear witneb of the fame to be true, as is afore faid, upon the muftput his
pain of the value found contrary to be forfeit ; the King thereof"*^'' '"P®" *^*
to have the one half, and the finder that can prove it, and will
fue for it in the exchequer, the other half. (10) And that no 37 Ed. 3.C. f
golcUipith par goldffpilhs within this realm melt or allay any fine 18 £1. c« rj,
D 4 filver,
40 Anno quarto Henrici VII. 1*487.
filvcr, to be for works or any other intent, but only for making of
^T ^fhf ^^' ^niels, for divers works of goldfmithry, and for amending of
may*bc melt- P'*^^ ^^ make it as good as fterling, or better, for the common
ed. weal of this realm.
Silver molten ^^' ^^^ *^^ ^^^y ^^" ^^ ^^^ filver, nor other filver allayed,
into mafs (baU molten into mafs, to any perfon or pcrfdns whatfoevcr they be,
not be Ibid, nor one goldfmith to another. {%) This ordinance to be kept
by the goldfmiths in every point, upon pain of forfeiture of the
fame filver, or the value thereof; the King thereof to have the
one half, and the finder that can prove it, and will fue for it in
the King's exchequer, the other half.
A repeal of '^^* ^^^^ ^^ *^ ordained by the fame authority. That all letters
patemsof patents and grants of offices belonging or pertaining to the
offices belong- mint of our fovereign lord the King, of exercifed in the fiune,
ing to the with fees and wages thereto belonging, be from henceforth void
"^^ andofnoneefFea.
CAP. III.
Butchers Jhall kill no beafts within any walled tpwHj or
Cambridge.
ITEM // was Jbrojed'hy a petition put to the King our fmd
fovereign lord^ in the /aid parliament^ by hisfubjeets and parijb^
toners of the parijh of St. Faith'j, and St. Gregory'i in London,
fiear adjoining unto the cathedral church of St. Paul'j, That whereas
great concourfe of people^ as well of his royal perfon^ as of other great
Iprds andfiatesy with other his true fubjeflSy oftentimes was had unto
the faid cathedral church of St. Paul'j, and that for the moftpart
throughout the parijhes aforefaid^ the which oftentimes been greatly an--
noyed and dijiempered bv corrupt airs engendered in the faid parijhes ^
by occafton of bloody and other fouler things^ by reafon of the flaughter
jfbeajls^ and f calling offwine. had and done in the butchery of St.
Nicholas'^ pjh-jhamilesy whofe corruption and foul ordure^ by
violence of unclean^ corrupt^ and putnfied waters^ /* borne dmvn
through the faid parijhes^ and compajfeth two parts of the palace^
where the King's mojt royal perfon is wont to abide when be cpmetb to
the cathedral church for any a^ there to be done^ to the jeopardous
abiding of his moji noble perfon^ and to over -great annoyance of the
parijhioners there^ and of other the Kin^sfubje£fs andjlrangers that
fafs by the fame \ (2) complaint whereof at many and divers feafons^
clfo by the f pace of fix teen years continually^ as well by the canons and
petty canons of the faid cathedral churchy landlords there^ as alfo by
many other of the Kin^sfubieas of right honeji behaviour ^ hath been
niade unto dtvers mayors and aldermen of the city ^London, and no
remedy had ne found ; ( 3) that it may pleafe our faid fovereign lord^ of
his abundant grace^ to provide for the confervatton as well of his moft
royal perfon^ as to fuccour his poor fubjeif sand fuppliants in this behalf
confidering that in few noble cities andtownSy or none within chriften-
dom^ whereat travelling men have laboured^ the common flaughter-houfe
ofbeajhjbouldbe kept in any fpecial part within the walls of the fame ^
left it might ingender fuknefs^ unto the deftnOlion of the people \ (4)
\\it King our fovereign lord, in confideration of the premiffes,
bath,
1487- j Anno quarto Henrici VII. 41
hath, by the advice and aflcnt of the lords fpiritual and tem-
poral, and the commons, of the faid parliament aflembled, and
by authority ofthe fame, ordained and enafted. That no butcher. Butchers (hall
nor his fervant, flay no manner beaft within the faid houfe cal- l^i" no bcafts
led the Sialding-hmfe^ or within the walls of London^ upon pain.|"^^^|Jl' ^'
to forfeit for every ox twelve pence, and every cow, and every or any walfed
other beaft eight pence; ^5) the one half thereof to the King town, except
our fovereign lord, and tne other half to every of the King's ^^^^n^ *"**
lieges that will fue for the fame by action of debt, and no pro- ^*'"""^-
teSion or eflbin be allowed to any of the defendants againft whom
any fuch adion (hall be conceived ; and that in the fame action
of debt fuch procefs be made, as in other anions of debt fued at
the common law. (6) And over this it is ordained and enaded
by the faid authority. That the faid ordinance, a6t, and law,
extend, and be obferved and kept in every city, borough, and
town, walled within his realm of Englana, and in the town of
Cambridge (the towns of Berwick and Carlifle^ except and fore-
prifed.) Provided alway. That this prefent adt begin and take
eSeiSt at the feaft of the Annunciation of our Lady next enfuing,
and not afore.
CAP. IV.
Prote^Hons granted to them which then were, or after (hould Exp. 7 H. 7.
be in the King's fervice in Britain. And certain immunities ^* *> ^ 3«
granted to the feoffees^ executors, and heirs of them which
fiiaU die in that fervice.
CAP. V.
A repeal of all letters patents granted to any fpiritual perfons to - h. 7. c. 6.
be difcharged of the payment or coUeftion of difmes.
CAP. VI.
A repeal of all letters patents granted of any offices within the
foreft of Ingle-woody faving to the lord DacreSy and earl of
Northumberland.
CAP. VIL
Fees to the King's yeomen and grooms (hall be no longer of
force than whilft they do their duties.
CAP, VIII.
Whofoever (hall fell by retail a broad yard of the fineft fcarlet Rep. *ijac. i.
grained, or other grained cloth of the fineft. making above c. %%.
xvi. s. or a broad yard of any other coloured cloth above xi. 8«
i^c. (hall foreit xl. s. for every yard fo fold.
CAP, IX.
No hatter or eapper, (hall fell any hat above the price of xxd. R«P' 3 H. S.
the beft, nor any cap above ii s. viiid. the beft, upon pain to ^ \\'x^^ ,.
forfeit xl. s. for every hat or cap fold above. c.48.
CAP. X.
Of wine and Tholoufe woade.
ITEM, That where great minijhing and decay bath been noiv of s^. a.ftat. i.
late time of the navy of this realm ^England, and idlenefs of the c. 3.
fnariners wit fin the fame^ by th$ which this ngbk realm within Jhort \^yj^'^\
fr^cefs •♦• • •
4^ Anno quarto HenrIci VIL [^4S7«
7 H. «. c. «. frmfi of time^ without nformation he had tbeniny JhaU mt be cf
* J 5* \ ^* '^' <«^^% »^ offtrengih and power to defend itfelf. Wherefore the
< & (5 U.6^ Kin^ur tovereign lord, by the advice of the lords fpiritual and
c. i8. * temporal, and at the prayers of the commons, in the (aid parlia-
Repealed by ment aflembkd, and by authority of the fame, hath ordained,
* ®^5i ^' ^ eftabliflied, and enacted. That no manner of perfon, of what de-
^El c < C 1 1 . P"*^ ®^ condition that he be, convey or bring into this realm, Ire^
^ ' ' hndj fTaleSf Calais^ or the marches thereof, or Berwhkj from the
feaft of the nativity of Saint 7^^ Baptijij that (hall be in the year of
our Lord God M.CCCC. AC. any manner wines of thegrow-
ing of the dutchy of Guyen or Gafcoine^ or woade called nohuji
Woade^ but fuch as (hall be conveyed, adventured, or brought
in (hip or (hips, whereof our faid Sovereign lord, or fome of his
fubjeds of this his realm oi England^ IrelandyH^aks^Calats^oxBer-'
wUX been owners, pofieflbrs, and proprietaries ; and the fame
mailer under God, and the mariners of the (ame (hip or (hips,
EngUJbj Irijby or JVelJh^ or men of Berwick^ or men of Calais^
or of the marches of the fame, for the more party, upon pain ta
forfeit the fame wines and woade fo brought contraiy to this
aft, the one half thereof to the King, and the other half to him
or them that feifeth the fame wine or woade.
II. And alfo hath ordained and ftablifhed by the (aid autho^
rity. That no perfon inhabited within this r^m, other than
]nen:bants ftrangers, from the feaft of Saint John^ freight nor
charge within this r^m or H^aks any (hip or other veiSS of any
alien or (hunger, with any manner of merchandife, to be carried
out of thi^i reum or JVales^ or to be brought into the fame, if he
may have fufltcient freight in (hips or vefiels of denizens of thi$
realm in the fame port where he (hall make his freight, upon
pain to forfeit the fame merchandifes, the one half thereof to the
King our fovereign lord, and the other half to him or them
which ibiieth the fame merchandifes.
Illr Provided always. That this aft extend not to any (hip
or (hips, having any of the faid wares or merchandifes, con-
ftrain^ by tempeft of weather or enemies to arrive in any port
or place within this realm, fo that the owners of the faid wares
and merchandifes make thereof no fale within this realm, other
than for vidhials, or repairing of the fame (hip or (hips, or tack«>
Hn^ thereof, which they of necefiity be compelled to make.
CAP. XL
Exp. 4 Ed. 4. No perfon during ten years (|)all buy or take promife of bai^'n
^. 4- ot any wool that (hall grow in Berks^ &c. before the
37 H. «. c. 15. JJfumption of our lady next after the (hearing thereof, but
5 &6 Ed. 6. ^^^Yi as (hall make yam or cloth thereof; nor any merchant
' " (hunger before the Purtfication of pur l^dy, iic^ upon pain of
forfeiture of the double va}uc«
CAF-
1487.J Anno quarto Henrici YIL 43
CAP. ill.
AU juJHces of peace Jhall execute their commiffionj redreff
injuries^ and maintain the laws.
ITEM the King mrfivereign lord confidereth^ That ty the negU' 4 !«*• «7o-
gcme^ mifdinuamngyfavour^ and other inordinate coups ofjujiicn
^f peace in every Jbire of this his reabn^ the laws and ordinances made
fir the politique weal^ peace ^ and good rule ofthefame^ and fir the
perfiiffurety^ and reft fid living ofbis/ubje^s ofthe/ame^ be not duly
executed according to the tenor and effeSl that they were made and or-
ddnedfir \ (2) wherefore hisfubjeHs been grievoujh hurtj and out of
furety ef their bodies andgoodsy to his great difpkafure i fir to him ts
n^hing more joyous than to know hisjubje^s to Uve peaceably under
bis lawSy and to increafe in wealth andprojperity^ (3) and to avoid fucb
enermiiies and injuries^fo that his fatdtubje^s may live refifuUy un-
der bis peace and laws^ to their increaje: (4) he will that it be or-
dained and enaacd by authority of this faid parliament, That e- o7p2m £Sl
veryjufticeofpeace within every (hire of this realm, within the ihirs caufe this pro-
where he is juftice of peace, ao caufe openly and folemnly to be clunation to
proclaimed yearly four times a year, in' four principal feflions, *?* °**5** ^^
the tenor of this orodamation to this bill annexed; (5) and^^*"*"*^
that every juftice of peace being prefent at any of the laid leffions,
if they cau& not the (aid proclamation for to be made in form
aboveiaid, ihall forfeit unto our (bvereign lord at every time
XX s,
IL HsN^jcus Dei Gratia^ iic. The Kin^ our fovereign lord
conCdereth, how daily within this realm his coin is traiteroufly
counterfeited, murders, robberies, felonies, been grievoufly
committed and done, and alfo unlawful reteinors, idleneCs, un«
lawful plays, extorfions, miidemeanines of (heriifs, efcheators,
and many other enormities and unlawful demeanines daily
grown more and more within this realm, to the great dilpleafure
of God, hurt and impoveriihing of his fubjedb, and to the fub*
verfion of the policy and good governance of this his realm ; for
for by tbefe faid enormities and mifchiefs his peace is broken, his
fiibjdEls troubled, inquieted, and impoveriflied, the husbandry of
this land decayed, whereby the church oi England is upholden, wtafj!?^
the fisrvice of God continued, every man thereby hath his fuf- ^^'
tenance, every inheritor his rent for his land : (2) for reprefling
and avoiding of the faid mifchief, fufficient laws and ordinances
have been made by authority of many and divers parliament*
holden within this realm, to the great coft of the King, his
brds, and commons of the fame, and lacketh nothing, but that
the faid laws be not put in due execution, which laws ought to
be put in due execution by the juftices of peace of every (hire of
this realm, to whom his grace hath put and given full authority
fo to do fith the beginning of his reign, (3) And now it is come Theflacknef$
to his knowledge, that his fubjedls be little eafed of the faid of juftices of
mifchiefs by the (aid juftices, but by many of them rather hurt peace in the
than helped i and if his fubjefts complin to thcfe juftices of i?*t^*f5"''^^
peace.
44
Juftices ncg-
ie6ling to exe-
cute their
commiilionii
or any one
obllru^ine
them, liable to
pains and the
Kine*8 dif.
pkafure.
Ferfons griev-
ed may com-
plain to tHe
lufticet of
peace and»if
they have no
remedy, to
the Juuicei of
afllie, and
then to the
King or his
thancellor.
The puniOi-
ment of the
jaftice found
^ilty of omit-
ting ois duty.
Anno quarto Henrici VIL [1487.
peace, of any wrongs done to them, they have thereby no re-
medy, and the faid mifchiefs do Increafe, and be not (ubdued.
(4} And his grace confidereth. That a great part of the vrealth
and profperity of this land ftandeth in that^ that his fubjeds
may live in iurety under his peace in their bodies and goods,
and that the hulbandry of this land may increafe and be up-
holden, which muft be had by due execution of the faid laws
and ordinances, chargeth and commandethall the juftices of the
peace of this his (hire, to endeavour them to do and execute
the tenor of their commiflion, and the faid laws and ordinances
ordained for the fubduing of the premiffes, as they will ftand
in the love and favour of his grace, and in avoiding of the
pains that be ordained if they do the contrary. (5) And more-
over he chargeth and commandeth. That every man, what
degree or condition that he be of, that let them in word or deed
to execute their faid authority in aiiy manner form abovefaid,
that they (hew it to his grace ; and if they do not, and it come
to his knowledge by other than by them, they (hall not be in
his favour, but taken as men out of credence, and be put out
of commiflion for ever, (6) And over this he chargeth and
commandeth all manner of men, as well the poor as the rich
(which be to him all one in due miniftration of juftice) that
is hurt or grieved in any thing that the faid juftice of peace
may hear, determine, or execute in any wife, that he fo
erieved make his complaint to the juftice of peace that next
dwelleth unto him, or to any of his fellows, and defire a re-
medy ; (^j) and if then he hath no remedy, if it be nigh fuch
time as his juftices of aflifes come into that (hire, that then
he fo grieved (hew his complaint to the fame juftices ; (8) and
if then he have no remedy, or if the complaint be made long
afore the coming of the juftices of aflife, then he fo grieved
come to the King's highnefs, or to his chancellor for the time
being, and (hew his ^rief ; ^9} and his faid highnefs then
fhall fend for the faid juftices, to know the caufe why his faid
fubjefts be not eafed, and his laws executed ; whereupon if he
find any of them in default of executing of his laws in the pre-
miflcs, according to his high commandment, he (hall do him
fo offending to be put out of the commi(rion, and further to
be puni(hed according to bis demerits, ^xo) And over that,
his faid highnefs (hall not let for any favour, aflFeftion, coft,
charge, nor other caufe, but that he (hall fee his laws to have
plain and true execution, and his fubje<5ts to live in furety of
their lands, bodies, and goods, according to his faid laws,
and the faid mifchiefs to be avoided, that hi$ fubjedh may
cncreafe in wealth and profperity, to the pleafure of God,
CAP.
1487*] Anno quarto Henrigi VII. 45
CAP. XIII,
Clergy Jhall he allowed but once. A comnSt ferfon Jball be
marked with the letters M or T. A frovifion for them
which be within orders.
ITEM, Whereas up(m trujl of the privilege of the churchy divers Clerey (hall
perfons Uttered have been the more hold to commit murder,^ rape^ be allowed but
robbery y thefts and all other mtfchievous deeds^ becaufe they have been HdJiaSS
continually admitted to the benefit of the clergy as oft as they did offend * * '*
in any of the prermffis ; (2) in avoiding fuch prefumptuous holdnefs^
it is enaAed, ordained, and eftabliihed by the authority of this
prefent parliament. That every perfon, not being within orders^
which once hath been admitted to the benefit of his clergy,
eftibons arraigned of any fuch offence, be not admitted to have
the benefit or privilege of his clergy : (3) And that every perfon A perfon coo*
b convided for murder, to be marked with an M upon the ^^^ ^^^ he
braun of the left thumb ; and if he be for any other felony, ^Y^l ^^^
the fame perfon to be marked with a T in the fame place of the or t!
thumb, aiod thofe marks to be made by the gaoler openly in the Raft.'pla. f. 56.
court before the judge, before that fuch perfon be delivered to Co, lit. 50.
the ordinary. (4) Provided alway, if any perfon at the fecond ^^* ^'^"*
time of afking his clergv, becaufe he is within orders, hath i"||^yperfbn
not then and there ready his letters of his orders, or a certificate in orders ask
of his ordinary witndfing the fame, that then the juftices, his dergy, he
afore whom he is fo arraigned, fhall give him a day by their JJjall ipro<i«ce
difcretion to bring in his faid letters or certificate j (5) and if J jl oSiTar^'s
he fiul, and bring not in at fuch a day his faid letters, nor cer- certificate.
tificate, then the fame perfon to lofe the benefit of his clergy^ «s H. 8. c. x.
as he diall do that is without orders.
CAP. XIV.
Sealing of writings touching the earldom of March.
ITEM, Where afore in the time of Eing Edward the Fourth^
dU feoffments^ gifts^ grants^ dennfesy prefentmentSy nominations^
releafesy warrant s^ and confirmations ^ made to any perfon orperfms^
of any caftles^ honours^ manors^ lands, and tenements, or other
tereditaments, or advantages, parcel, or pertaining to the earldom
^ March, or pertaining to any manors, lands, tenements, or other
hereditaments in demefne, or reverfion, parcel, or pertaining to the faid
earldamoflAaxcii, were made and paffed under a fpecialfeal, named
thefealojthe marches, whereby is g^own great vexation, troiible,andde^
uit ofthefubje^s of the King ourfovereign lord : (2) Wherefore it All writings
is enaAed by the authority of this prefent parliament. That all of any parcel •
feoffments, gifts, grants, demifes, prefentments, nominations, Jom ofMarch
and all other writings whereto fealing is requifite, to be made (hall be under
after the feaft of the purification of our Lady, in the fifth year of the great (eal.
the reign of our fovereign lord that now is, of any parcel of
the faid «arldom, be had, done, and made by the King our
faid fovereign lord, under the broad feal of his chancery, as
it is ufed in all other things concerning the crown^ by the courfe
of the common law, and by none odier feal.
CAP.
46
Anno quarto HenricI VII.
['487-
Ex edit. Raft.
Mayor ot'
London*
Thames.
^Inft. 150*
Nets.
Breaches.
Creeks.
CAP. XV.
The mayor ^London and bis fuccejfors^ Jhall have the like
confervaHan and authority in all the ijfues^ breaches^ and
ground overflown^ as far as the water ebbetb andfiowetb^
grown out of the river Thames, as touching the punifh-
mentsfor ujing unlawful nets and engines y as be, had with-
in thefaid river.
ITEM, where the nrnor of the city of London, for the time
beings is confervatofj having the confervation of the water and
river ojnrhzmtSj from the bridge ofStaineSj unto the waters ofYcn-
dMandModyfzy : itisjo that within few year Sj bytempeji of weather
and great abundanu of waters in thefcad river of Thames, Overs
breaches^ ijfues and creeks^ have been and grown out of the f^ river
^Thames, and by the fame divers pa/hires^ meadows^ and grounds
of divers perfons been drowned and overjlovm : in which breaches
tffues and creeks^ and ground drownedj the fry and brood of fijbfor
the mcft part refieth^ and in the fame place the /aid fry and brood
in great multitude daily is taken by the faidpjbers there j with
ufdawful engines and nets for bait of eels ana codsj and aUo for
the feeding of their hogSj to the utter difiruHionef the fend fry emi
broody without a remedy the rather be provided: The i^ing our faid
fovereign lord by the advice of the lords fpiritual and temporal,
and at the prayers of the commons in the iaid parliament af-
fembled, andbyauthorityof the fame, hath ordained, ftabliOi-
ed, and enadted. That the mayor of London^ and his fucceflbrs
mayors for the time l>eins, have the confervation and rule, and
like authority in every of the faid breaches, ii&ies, and creeks,
and ground (o drowned and overflown, as far as the water ebbech
and floweth, as touching the punition for ufing of unlawful
nets and other unlawful engines in filhing, like as he and his
predeceflbrs have or hath in the fame water and river oiThameSy
within the bounds afore rehearfed : and to do all other like cor-*
redlion and puni(hment there concerning the reformation and
redrefs of unlawful nets and engines, as he and his predeceflbi^
have ured and ought to ufe in the faid river of Thames. Pro-
vided alway. That the mayor of London^ or his fucceflbrs
mayors for the time being, have not the confervation nor rule nor
authority in any of the faid breaches, iflues, creeks and grounds
fo drowned and overflown within the King's ground, or being
within any franchifes of any perfon or perfons l^iritual and tem-
poral, as touching the punitionfor ufmg of unlawful nets and other
unlawful engines in fifhing, nor to do any corredtion or puniih-
ment there concerning the reformation and redrefs of unlawlRjl
nets and engines, as the faid mayor and his fucceflbrs have ufed
and ought to ufe in the faid river of Thames*
CAP.
I487-1 Anno quarto Henrici VII. 4^
CAP. XVI.
The penalty of faking mare farms than am in the Ifk (f
Wight
CAP. XVII.
The charges aHi benefit of the heir ^Ceftui que ufc.
ITEM, Where by an cftatutc made at MarWridg$j it was 4inj|. 196.
ordained. That when tenants made feoffments in fraud to Co. Lit. S4. b.
make the lords of the fee to lofe their wards, the lords (hould
have writs to recover their wards againft fuch feoffees, as in the
(aid ftatute among other things appeareth more plainly at large :
(2) Sith the making of which eftatute many ims^nations have
been had and yet been ufed, as well by fcomnents, fines
and recoveries, as otherwife, to put lords from their wards of
lands holdenof them by knights fervice: (3) It is therefore
ordained, eilablifhed and enaded by authority of this pre-
fent parliament. That the faid ftatute of Martbridgt be obferved
and kept in all manner of things after the form and effect
diereof. (4) And over, that it is ordained and enadled by the 7*],^ heir of
£ud authority. That if any perfon or perfons, of what eftate, Ceftmquf uf$
degree or condition he or they 1)e of, or hereafter fliall be, holding liis
feifed in demean or reverfion or ftate of inheritance, being te- i^^f^ ^^
nant immediate to the lords of any caftles, manors, lands and vi^wjtbi^'
tenements, or other hereditaments holden by knights fefvice age, (hall be
In his or their demean, as of fee, to the ufe of any other per- in ward \ and
fon or perfons, and of his heirs only, he to whofe ufe he w Sf ^?^ *^' .^
they be fo feifed dieth, his heir being within age, no will by him tv^X'SwU
declared, nor made in his life touching the premifles, or any of haveanaaion
them: the lord of whom fuch caftles, manors, lands, tenements of wafle a-
and hereditaments been holden immediately, (hall have a writ of S^^.l^^
right of ward, as well for the body as for the land, as the lord S^'Snr
fliould have had, if the fame anccftor had been in DoiTeilion of wafte.
that eftate fo being in ufe at that time of his death, and no fuch ef- Damages for
tate to his ufe made. (5) And if any fuch heir be of frill age ^ defendant
at the doith of his anceftor, to pay relief, as his anceftor, whofe JLhtof wd
heir he is, had been in pofleflion of that ftate fo being in ufe ^^h. 3.C. 6.*
at time of his death, and no fuch eftate to his ufe made or 1 R. s*'c. 1/
had. (6) It is alfo ftablilhed and enaded by the faid authority >9 H. 7. c 15.
aforefaid. That fuch heir, or heirs fo being m ward, fliall have !2 5] J* f' '*'
like adion of wafte againft the faid lords, or againft them in iJcar.».c.*M^
whofe ward they fo be, as they or any of them fliouId have had,
and recover fueh damages and fuch penalties to be to the faid
lord and guardians, as ftiould have been if their anceftor had
died thereof feifed. (7) And moreover, if any fuch lord bring
any fuch writ of right of ward againft fuch perfon or perfons,
and be banced in the (ame : that then the lame defendant or de*
fendants ftiall recover damages againft the faid plaintiffs, for
their wrongful vexation in the fame. Provided always, that this
aS be^n to take effeA of the heirs of them that (hall die after
thefeaft of £42/?^, that ftiaH beinthe year of our Lord M.CCCC,
\xx». CAP.
^8 Anno quarto Henrici VIL [1487-
Rep. I Ed, 6. CAP. XVIII.
c.x». The forging of the coin of other realms allowed to lie current
1 Mar. feff. i. j^^ ^^j^^ ^^^ q^^^ y^ tresSon. '
CI-
CAP. XIX.-
Rep.39£l.c.i. The penalty for decaying of houfes of hulbandry, or not laying
& »i Jac.i. ^ convenient land for the maintenance of the fame,
c. i8.
CAP. XX.
Anions papular^ profecuted by collufton^ Jball he no har to
ibofe which be purfued with good faith.
Tbccnormi- TTEM, That where aSf ions popular in divers cafes have been
ties of collu- X ordained hy many good a£fs andftatuies afore this time made^ for
(ion praaifed ^^^ reformation of extortions^ maintenances^ opprejfions^ injuries^ exa^i--
atdionlfpopu- ^^^ and tvrongs ufed and committed within this realm j (2) which
lar. anions been very penal to all mifdoers and offenders in fuch anions
condemned^ and much profitable as well to the King^ as to every of
his fubje£ls that them will fue and maintain^ if the fame anions
fo fued and commenced might be truly purfued without covin or col^
lufvm. (3) But now it is fo commonly ufea within this realm^ that )f
any fuch offenders offending in cafes where any of the faid a&ions lie^
then the j aid mifdoers or offenders y in ef chewing to leefe the faid
penalties^ will caufe an aSfion popular to be commenced againft them
by covin of the plaintiffs upon that cafe wherein they have fo of-^
fended \ (4) or elfe if any fuch ailion popular be commenced againjl
any fuch faid offender by good faith j then the fame offendgr will defaj
the faid aSfion^ either by non-appearance or by traverfe^ and hang-
ing the fame a^fion^ the fame offender will caufe like aRion popuUir
to he brought againfl him by covin^ for the fame caufe and offence
that thefirjl a6fion was fued^ and then by covin of the plaintiff in
that feconaaSf ion he will be condemned^ either by confeffton^ feigned
trial J or releafe\ (5) which condemnation or releafe^ fo had by col-
lufion and covin^ pleaded by the faid offender y Jhalt bar the plaintiff
in the action fued in good faith ; (6; and by thefe fubtil means of
collufion and covin the faid good aUts andjiatutes feldom been executed
againjl fuch offenders which caufeththem to be bolder to offend theKing^
as zvell in breaking of the faid Jtatutes^laws J andpeace^ as in robbings
murdering^ exaHions takings quarrels maintaining^ and the King*s
poor Jubjects by extortion and many other unlauful means oppr effing :
Recovery in il) Therefore the King our fovereign lord, in reforming of the
an a6Hon po- premiiTes, by the advice and aflent of the lords fpiritual and
puUr by co- temporal, and at the requeft of the faid commons, in this faid
!""» ^-* ^^ prefcnt parliament affembled, and by authority of the fame,
J„ * ]*™Si nath ordained, eftablifhed, and enabled. That if any perfon or
an afifeon perfons hereafter fue with good faith any acVion popular, and
fued with the defendant or defendants in the fame atSlion plead any man-
good faith, yjgj. Qf recovery of adtion popular in bar of the faid adlion, or
elfe that the fame defendant or defendants p!ead,that he or Aey
before that time barred any fuch plaintiff or plaintiffs in* any
fuch aftion popular, that then the plaintiff or plaintiffs in the
aSion taken with good faith may aver, that the faid recovery
ac-
l4*7*} Anno quarto HEtJRici Vria " 49
in the faid aAion popular was had by covin, or elfe to aver that
the faid plaintiff or plaiiftiffs was or were barred in the faid
adion popular by covin, that then, if afterward the faid col-
lufion or covin fo averred be lawfully found, the plaintiff or
plaintiffs in thatadlion fued with good faith, (hall have recovery
according to the nature of the aSion, and execution upon the
fame in like wife and effed, as though no fuch adtion afore
had been had. (8) And moreover, that it is enacted and or- The pt^nifh^
dained by the authority aforefaid. That in eveiy fuch aAion ment of the
popular, wherein the defendant or defendants fhaU be lawfuUv ^"^ j*°r *^"*^
condemned or attainted of covin or collufion, as is afore faid, luflon.
that every of the fame defendants have imprifonment of two
years by procefs of capias and outlagary, to be fued within
the year after fuch judgment had, or ^t any time after, till the faid
defendant or defendants fhall be had and imprifoned, as is afore
laid, and that as well at the Iting's fuit, as of every other that
will fue in that behalf : (o) And that no releafe of any common f^^ rtltzCe ot
perfon hereafter to be macle to any fuch party, whether before or a common
after any aAion popular, or indidlment of the fame had or Pfrfon can
commenced, or made hanging the fame aftion, be in any wife «'fchargea
available or effedhial to let or furceafe the faid adlion, indidl- {J^jJ" ^ *^"
ment, procefs, or execution. (10) Provided alway. That no j^^^y^g^^^
plaintiff or plaintiffs be in any wife received to aver any covin avemble
m any action popular, where the point of the fame aAion, or wfaere the
elfe the covin or collufion, have been once tried, or lawfully P^nt of the
found with the plaintiff or plaintiffs, or againft them, by trial b^n tritd by
of twelve men, and not otherwife. verdi£^.
CAP. XXI.
An aA that no engines fhall be ufed for deftroying tfae fry of fi(h £ x P*
in Qr/irrf haven in 5zj^/i, upon pain of forfeiture often pounds
for every offence. To endure to the beginning ofthe next parliament.
CAP. XXIL
If any perfon, before the next parliament^ bring, or piit to E X P«
fale any gold of Venice^ Florence^ or Genoa for a pound weieht,
which doth not contain xii. ounces, or that the gold packed
be not in greatnefs of thread or colour wrought according to
the outward fhew thereof, he fhall forfeit the fame, or the v^ue
thereof. To endure to the beginning of the next parliament.
CAP. XXIII.
The flatute provided 17 Ed. 4. r. i. againfl the tranfporting of i H. S. €.15*
money, plate, or jewels, revived for twenty years.
CAP. XXIV.
How often a fine levied in the common pkas Jhall be reed
and proclaimed^ and who then fhall be bound thereby.
ITEM, Where it was ordained in the time of King Edward the i7Ed.t.fUt.T.
Firfty by thejlatute de finibus, that notes and fines to be levied ci.
in the King^s court afore his jujiices Jhould be openly and folemnly read^ Exrfaincd by
and that pleas in tie mean time Jhould ceafe^ and this to be done by J L^n 77
Vol, IV. E /w^i Andcrfi*-
^o Anno quarto H^krici VH, [ ^48 7*
ftAnderf.io^, txvo days in the week^ after the difcretynt of the jufttaSy as in tbt
"♦: faidjlatute more plainly appiareth : The King our faverrign loni
5avu,S5,8S, gonfidcrcth. That fines oughl to be of the grcatcft ftrength to
3 Bulft. J 5ft. avoid ftrifes and debates, and to be a final end and conclufion;
1 RoIlyi|39 and of fuch efTeft were taken afore a ftatute made of non-dahn,
»57»«7«* «m1 now is ufed to the contrary, to the imiverfal trouble of the
ift^tlft wt ^^"8'« fubjcas, will therefore it be ordained, by the advice
40ft!4X7!5oo, of the lords fpiritual and temporal, and the commons, in the
501. , faid parliamait ailembled, and by the authority of the lame^
7 ^;J** - That after the ingroffing of every fine to be levied after the
F^b^oDs feaftof £^^r,that ftiallbcintheyearof ourLordM.CXXX.XC.
of fines. in the Kmg's court, afore his juftices of the common place, c£
AVho fliall be any lands, tenements, or any other hereditaments, the lame fine
conduded bv ^e openly and folemnly read and proclaimed in die fame court
whonot. ^^^ ^^^^ tmn^ and in three terms then next following the fame
31 El. cft. ingrofiing in the feme court, at four feveral days in every term ;
Capla. f. t6. and in the fame time that it is fo read and proclaimed, all pleas
^owd.i.«45. to ceafc. (3) And the faid proclamations fo had and made,
16^% ^%V *^ ^^^ ^^ to be a final end, and conclude as well privies as
•54!*^*'*^ ' ftrangerstothefame, except womcncovert(otherthanbeenparties
JEko. Taile, «. to the faid fine) and eveiy perfon then being within age of xxi.
3 9°«si>77>S4* years, in prifon, or out of this realm, or not of whole mind at the
Hob"**^''^* time of the faid fine levied, not parties to fuch fine j (4) and
3H.^^*'^^^' faving to every perfon or perfons, and to thdr heirs, other than
Th.' Jonei, the parties in the faid fine, fuch right, title, claim, and intereft,
s4ft>H3*«44- as they have to or in the faid lands, tenements, or other here-
Ca.Lit.37ft.a. ditaments, the time of fuch fine ingrofled ; fo that they pur-
*^ nVf ^'^' fue their title, daim, or intereft by wa)r of adtion, or lawful
I^iowd.tcg, ^^^^ within five years next after the faid proclamations had
360. * and made : (5) And alfo faving to all other perfons fuch aflion,
fcyer,7»j337> right, title, claim, and interm in or to the faid lands, tene-
3:g' mcnts, or other hereditaments, as firft (hall grow, remain, or
9 Co "oi. defccnd, or come to them after the faid fine ingrofled and pro-
iiCo.69,7r. clamation made, by force of any gift in the tail, or by any
^ycr,3.i33. Other caufe or matter had and made before the faid fine levied ;
**+• fo that they take their adlion, or purfuc their faid right and title,
1 And*r£i7*i!' *cco'*ding to the law, within fiv-^ years next after fuch aAion,
I Leon.i'x3. ' 'igbt, title, claim, or intereft to them accrued, defcended, re-
aLeon.257. mained, fdlen, or come: (6) And that the faid. perfons and
3L^on.io,ift7. their hdrs, may have their laid adbion againft the pernor of the
« Co.flo. profits of the faid lands and tenements, and other hereditaments,
I Coiioi! at the time of the faid aftion to be taken. (7) And if the fame
3 Leon.ftii. perfons, at the time of fuch aAion, right, and title accrued,
Dycr,f.7i. defcended, remained, or come unto than, be covert de baron,
Bro.Fmc8iev. ^^ within age, in prifon, or out of this land, or not of whole
3 Co.S4,9i. mind, then it is ordained by the faid authority. That thdr
4 Co. 125. adlion, right, and title, be reierved and faved to them and their
* ^"yd^T-aoa. heirs, unto the time they come and be at their full age of xxi.
3lS.ii6.* years, out of prifon, within this land, uncovert, and of whole
mind, fo that they, lOr their heirs, take their faid actions, or
their lawful entry, according to their right and title, within
6 five
I490*] ^&<^^ fq>timo H£Mltici VII. 51
five yeirs next tftcr that they come and be at their full age,
•ut of prifiMi» within this land, uncovert, and of whole mind,
and the iaoic anions purfue, or other lawful entry take, ac«
cocdin^ to the law. |8) And alfo it is ordained by the author
rity a&efiud, Tlutallfuch perfons as be covert de baron, not
party to .the fine, and every peribn^ being viithin age of xxi.
years, in priibn, or out of this land, or not of wtele mind,
at the tiBie of the faid fines levied and ingrofSsd, and, by this
find z& afore except, having any right or title, or caufe of
ai^oo, to any of the faid lands and other hereditaments, that
tbey^ or their heirs, inheritable to the fame, take their iaid
adioQS or lawful enl&T according to their ri^t and title, within
five years next after they come and be of age of xxi. years, out
of priibn, uncovert, within this land, and of whole mind, and
the i«ne anions fue, or their lawful entry take and purfue,
acccMxIing to the law. (g) And if they do not take their adtions
and entry as is aforefaia. That they and every of them, and
their heirs and the heirs of every of them, be concluded by the
iaid &ies for ever, in like form as they be that be jl^ties or Bro. Fines
privies to the iaid fines : (10) Saving to every perfon or perfons, Ic^-'^i^*
not party nor privy to tibe faid fine, their exception to avoid
the fame fine, by that, that thofe which were parties to the fine,
nor any of them, nor no perfon or perfons to their ufe, ne to
the ufe of any of them, had nothing in the lands and tene-
ments compnfed in the faid fine at the time of the faid fine levied.
(11) And it is ordained by the faid authority, That every fine
diat hereafter fhall be levied in any of the King's courts, of any
manors, lands, tenements, and other pofleffions, after the man-
ner, ufe and form, that fines have been levied afore the making
of this ad, be of like force, efied, and authority, as fines fo
levied be or were afore the making of this a<a i this ad, ^r any , Mar.felT.*.
other ad in this prefent parliament made or to be made not- c. 7. '
withflanding. (12) And every perfon (hall be at libeny to levy
any fine hereafter at his pleafure, whether he will after the form
contained and ordained in and by this aA, or after the manner
and form aforetime ufed.
The fouxlb parliament J holden at Weftminfter on
Monday the feventeentb day of Oftober in the
feventbyear of the reign of King Henry VII.
CAP. I.
^e fencify of a captain orfoldier retained toferve the King
in bis intended wqrs^ not doing their duties.
F OK as ffttub as it is notcrioujly knotvn^ that the King to his 3 Inft. %6.
great cefts and charges^ hath Cent bis amhajfadors to Charles ^ ^"^y- a-
Us adverfary of France, to have had a cottvenient peace with him^ ^ ***•
and to have hts right without efujion of cbrifiian blood, which was
E 2 refufed -
52 Anno feptimo Henrici VII. [149^.
refufed\ (a) wherefore the Kmg^ by the grace of Godj in whofe
hands and difpofition refteth all vi^oryy hath determined himfejf to
pafs dver the jea into bis realm of France, and to reduce pojfeffkk
thereof by the faid grace to himy and to his heirSy Kings of Enghndy
according to his rightful title, whereby he truketh not only to bring
this his realm to the ancient fame and honour , but alfo to inricby and
fet in perfect peace and tranquillity his fubje£fs of the fame, tripling
that thereby the more part of all cbrijlian realms Jball be in more per^
fe^ peace and tranquillity j and the better difpofed toferve God', which
cannot be done by all likelihood without battle, as well on the fta, as
in other places beyond the fea^ wherein Almighty God mufi be judge,
in whole defence, mercy, and goodmfs, the King putteth his full
trii/l above all other things \ (3) howbeit, many times, by the in^
ordinate covetife of captains retained with princes afore this time,
great part of the^number of foldiers, for whomfuch captains have in--
dented with princes, at time of need have lacked of their number of
foldiers, whereby great jeopardies have enfued, and irrecuperable da^
mages thereby may enfue, if remedy be not therefore forefeen and bad:
The penalty (4) Be it therefore ordained by the authority of this prefent par*
**K^ K*if n" liamcnt. That if any captain be retained, or hereafter (hall be,
have thcwlwk *^ ^^^^ *^ ^^8 ®^ *^ ^^^ ^^ beyond the fea in feat of war,
number of which hath not his or their whole and perfeA number of men
hi$roidieri,or and foldiers, according as he (hall be retained with the King,
not pay them ©r give not them their full wages without (horting as he (hall re-
3 Al^sTcf 7/ ^^^^^ °f ^^^ ^"^g ^^^ *^"™» except for jackets for them that
receive land-wages, that is to fay, vi. s. viii. d. for a yeoman,
and xiii.s. iv. d. for a gentleman, for a whole year, he (hall for
fuch default forfeit to the King adl his goods and chattels, and
their bodies to prifon.
The captain IL And that every captain, petty captain, and all other
^*JlP*y^ohi8 having" under them retinue of any foldier or foldiers at the
wageTwitWn ^^^*^ ^aees, (hall, upon the pain aforefaid, pay to their re-
iix days after ^^"^^ ^^ foldier or foldiers, and every of the fame, their wages
the receipt rateably as is allowed unto them by the King our fovereim lord*
thereof. q^ the treafurer of his wars, without lefTening or withdrawing
• 7*' any part thereof; (2) and for as l<3ng time as they (hall receive
wages for them, this payment unto the faid retinues, and every
foldier of the fame, of their captains and petty captains, always
(hall be within fix days next and immediately after that the faid
captain, petty captain, or other (hall have received their wages
of the King, or of the treafurer of his wars, or their lords or
It (hall be fc- rafters. ^3) And if any foldier, being no captain, immediately
lonyforafol- retained with the King, which hereafter (hall be in wages and
dier to depart retained, or take any preft, to ferve the King upon the fea,
licence*^ or upon the land bevond the fea, depart out of the King's fervicc
1815^6. c. 19. without licence of nis captain, that fuch departing be taken,
s&3£d.6.c.i.' deemed, and adjudged felony, and that he fo offending fuffer
for the faid offence punifhment and execution of felony. (4}
And forafmuch as his offence ftretchcth to the hurt and jeo-
pardy of the King our fovereign lord, the nobles of the realm,
and of all the common weal thereof, that therefore he or they
I49^«1 Anno feptimo Henrici VII. 53
fb offending ehjoy not the benefit of his clergy. (5) And that jufticei df >
it be ordained by the faid authority. That all the juftices of the peace xnay.en-
peacein every (hireof£ff^ii3X»/,whercasanyfuch offenders betaken, ^,"^^5^^^* ^^— •
have power to inquire of the faid offences, and the fame to hear ^^^ offences cf
and determine, as they do and may do of felonies, trefpafles, Toldicrs de-
and of other offences expreiled in the King's commUTion to parting with-
them made, as though the faid offences were done in the fame ®^' licence.
(hire. (6) And alfo that the faid departing of fuch foldiers,
and alfo their retainers, if h be traverfed, be tried in the fame
' - ' - - - - -\ The captain'
fliall hap to die, or otherwife depart, not in the de£iult of the ofl^nce.
captain ; fo that the faid captain, if he be gt landwages, (hew
the departing or lacking of his foldief, within ten days after
the lacking of the faid foldier, unto the treafurer of the wars)
or if the captain be at fea-wagef , he fliew the departing or lack-
ing of the faid foldier, fo lacking, to the admiral of the navy
where he is retained, at next meeting with the faid admiral. 6 Co. 17.
CAP. II,
Every perfon that fhall be in the King's wages beyond the fea, £xp. 3H.9,
or on the fea, ihall have a protection, and no deicent (hall c^..
prejudice him, and by his writing he may make his attorney
to enter into lands defcended unto him, to attorn, i^c.
CAP. III.
They that do go with the King in his wars, may make fc- Exp. jH.t.
omnents of their lands to the u(e of their wills without licence, ^*^*
and they (hall have their own liveries, and authority to dif-
pofe the wardlhip of their heirs.
CAP. IV.
Weights and meafures (hall be made of brafs, and fent to the Altered by
chief officers of every city, borough, ^c, 11H.7.C.4.
CAP. V. ""•^"•^*
Riens deins le gard /hall be no challenge upon any ijfue to
be tried in London.
PR AYEN the commons in this prefent parliament ajfembledj
That where of hn^ time ufed in any ijfue to be tried within the
city £/* London, a challenge y commonly coiled Kicns deins Ic gard,
hath been admitted for a good challenge^ fo that no ijfue could ht
tried in any tuardy without that there were four fufficient perfons of
livelihood to the yearly value of\\. s. above alt charges within the fame
city and dwelUngyOr having any livelihood within the fame ward i (2)
and it isfo now (the caufe God knoweth why ) that there is no wardj or
elfe butfew^ndinfpecialin plea ofland^that any plaintiff or demandant
can have fuffcient trial in this matter^ as evidently is known j for caufe
of the challenge aforefaid \ for in the mofl part ofwards^ as nowy thero
be none fufficient y and if any be, there are no officers that dare fummon
them J or elfe if they be fummonedy they will not appear y their honour
H fi i^eat^ ttnd their amerciament fo little : ( 2) * bat it pleafe your
£3 abundant
54 Anno undecimo HfiNRiCi VIT. £'494.
JOiitj diim U abundant gr^ce, by the advice of the lords fpiiitual and temporal,
gardttaW be and by the authority of this pnefeht parHament, to ordain, and
410 chai!enj» f^^ ^j^^ common wealth of your tnie fubjeds, eftabliih^ and ttobBi^
tobc tried ift That from henceforth the challenge commonly called Riens deinsU
J/indoiu ^jri,benochailengebututteriyvoid,andof tioneefFedkj favingto
every pcrfon all manner pf other challef^e$, whatfoevw they be,
according to the law,
CAP. VL
5xp.fH* f. Letters patents made to fcveral fpiritual perfons to be dlfcharftcd
c.s# of Di/meSy and Suinzimesy (hall extend no further than tncy
did in th^ time or King Edw. IV,
CAP. vn.
-. . All ScotSy hot ftiade denizens, (hall depart this rea|m within
c*i^ ^ ^^^* forty days after proclamation, upon pain pf forfeiture of all
their goods,
CAP. vm.
P-XP. Every butt of malmfey (hall contain Cxxvj. gallons, and every
.merchant ftranger (nail pay for cuftom xViii. s. a butt, befides
the old cuftom, and no butt (hall be fold for above iv. li. which
new impoiition (hall be until the Venetians abate tlieir new
impofitions of iv. ducats at Candf.
Statutes made at Weftminfiery Anno 1 1 Hen. VIL
and Anno Dom. 1494.
THE King eurfovereign lord Henry the Seventh after the cn^
quejly by the grace of God King ^England and of Fr2nce^
and lord ^Ireland, at hU parliament holden at Weftminfter the
fourteenth day ^OAober, in the eleventh year rf Ms reign, to the
honour of God and holy churchy and for the common profit of the
realmy by the ajjent of the lordifpiritual and temporaly aria the com^
monsy in the laid parliament ajfembkdy and by authority of the faid
parliament y iath done to be made certain ftatutes and crdtnanees^ in
manner ar^ form following.
CAR I.
None that fball attend upon the King and dobim truefervici
fhall h attaint edy or forfeit at^ thing.
3 Inft. 7« 'TT^rtE King cur fovereign hrdy calling to his remembrance the
? Halcs,tt.P.C. A duty of allegiance of hisjubje^s of this his reakiy and that they
i*Hawk,P.C. ^ ^tafon of the Jam^e are bound to ferve their princi and ftroereign
36, ' ' lord for the time beingy in his tvarsy for the defence of him, and the
JCclyng.14,15. &»^ againft every rebelliony power, and might ^ reared againjl him,
and with him to enter and abide in feruice in battky if cafe fo r en-
quire ; (^) and that for the fame fervice what fortune ever fall by
chance in the fame battle againft the mind and wtU of the prince fas
in this landfome timepajfed hath beenfeen) that it is not feafoncAk,
■...-. but
1494-3 Aono undeckno Henrici VII* 55
imi agnnnft all laws^ reafoHj and good Mnfcimce^ that the fatdfub^
jeGs geiftg with their Jivereign lord In warsj attending upon him in
ins tirfon^ or being m other tlaces by his commandment ^ within this
land, or without^ any thing fiould lofe or forfeit for doing their true
duty and fervid of aUegianee : (3) it be therefore ordained, enaA*
ed, and eftabliined by the luae our fovereign lord, by the gd-
vice and ailent of me lord$ ^iritual and temporal, and the
cominons in this prefent parliament ailembled, and by au-
thority of the fiune. That Srom henceforth no manner ti per- Noperfonthat
fon or perfons, whatfoever he or they be, that attend upon the fliaD attend
King and foverei^ lord of thi$ land for th$ time being, in his ^^^ ^ .
perlbn, and do him true and fkithful fervice of allegiance in the bimtrue fer-
fame, or be in other places by Ids cominandment in his wars, vice, (ball
within this land or without, that for the faid deecl, ai>d true ^^ attainted
duty of allegiance he or they be in no wife convift or attaint of J^^^^ ®^
high trcafon, ne of other ottences for that caufe, by aft of par- cihv ofencp;
liament, or otherwife by any procefs of law, whereby he or
any of diem fliall lofe or forfeit life, lands, tenements, rents,
pofleiEons, hereditaments, goods, chattels, or any other things;
but to be for that deed ^d fervice utterly difchaiged of any
vexation, trouble, or lofs. (2^) And if any aft or ads, or q-
thcr procefs of the law hereafter thereupon for the fame hap-
pen to be made, contrary to this ordinance, that then that aA
or adls, or other procefTes of the law, whatsoever they (hall be,
ftand, and be utterly void. (5) Provided alway. That no
jperfon or perfons fliall take any benefit or advantage by this
2&J which (hall hereafter decline from his or their faid alle-
giance.
CAP. n.
Vapbonds, idle, and fulpeded perfons (hall be fet in the Altered |&(
ftocks three days and three nights, and have none other fuf- frj^'^^**^'
tenanoe but bread and water, and then fliall be put out o( ^^^^^^^^[^^
the town : (2) and whofoever fluili give fuch idle perfoos cis'.
more, fliall ferfeit xii. d. (3) Every beggar not able to
work, ihaU reibrt to the hundred where he laft dwelled, is
beft known, or was bom, and there* remain upon the pain
afinrefaid, Exp. 33 EL c. 4. (4) No artificer, labourer, or .
lecvant, fliall play at any unlawful game, but in ChriftmaSf
JE;xp. 33 H. 8. e. 9. (5) Two jufticcs of peace may rcj^
common felling of ale, tsfe.
CAP. m.
The juftices of aflife in their feffions, and the juftices of peaee i^ep«iH.S.c.^«
in evei^ county, upon information for the King, fliall have
authority to hear and determine all <^nces and contempts,
(faving treafon, murder, or felony] committed by any per-
iQli againft the effcSt of any ftatute made, ^d not repealed.
E4 CAP;
Anno undcclmo Henrici VII.
[H94*
CAP. IV.
the names of the cities and towns limited for the keeping of
weights and meafures.
PR A YEN the commom in tbisprefent parliament qffimhkdj Thai
where divers aifSj JlatuteSj ana ordinances in the times of the
noble progenitors and predecejfors of our nowfovereign lord the King
have been made^ That one meafure and weight Jbould be ufed through-
out this noble realm ; (2) and alfoy That in every city^ borough^ and
town within the fame realm^ upon certain and feveral pains in the
14 'EA»\Jksit,i,fi^dJiatutes and ordinances limited^ Jbould be a common balance^ with
cix, ' common weights ^ and common meafureSj marked according to the ejlan-
asEd. j.ftat.s. iard of the exchequer ; hy the which^ and other like balance^ wetghtSy
*^^e1 ft t ^^^ meafures marked according to the fend ejiandard^ all men fl>ould
V.io!^' * **' l^^y ^^'d/ellj for the avoiding of all fraud and difcordin that behalf
to be ujed\ (3) which aSts^ Jlatutes^ and ordinances have not been
obferved and kept ^ as now tn this prefent parliament it hath been
, openly by divers perfons of divers parties of this realm remembered^
Statutes con-
cerning
weights and
meai'ures.
9 H.3.ftat.i.*
C.15.
51 H.3.flat.i.
31 £d.i.
to the great hurt and vexation of divers and many of the Kinfs fub-
jeiis of this his realm : {4) for remedy whereof be it or the a-
34Ed.3.c.s.
13 R.ft.itat.i.
i5R.t.C4.
i6R.a.c.3«
SH.6X.5.
A weight and bundant grace of our mod gracious fovereign lord, by the af-
meafure ac- fg^^ ^f ^j^g \orAs fpiritual and temporal, and by the commons,
^dai^'of * '" **^ prefent parliament aflembled, and by authority of the
the exchequer fame, ena6\ed and eftablifhed. That unto the knights and ci-
ihall be fent tizpns of every (liire and city, affembled in this prefent parlia-
'>v haca h *^^"^ barons of the cinque ports, and certain burgefles of burgh
city, Doroug , ^Q^j^s^ before they depart from this prefent parliament, be
delivered one of every Weight and meafure, which now our fo-
vereign lord hath caufed to be made of brafs, for the common
wealth of all his fubje6is and lieges within this his realm of
England^ according to the King our fovereign lord's ftandard
pf his exchequer of weights and meafures, as they be in the
exchequer of our faid fovereijgn lord: (5) and that the faid
knights, citizens, and burgeues, to whom die faid weights
and meafures (hall be delivered, as is aforefaid, furely convey,
or caufe th^ (ame to be conveyed on this fide the feaft of Eafter
' next coming, by the faid citizens to their cities, and by the
laid knights uoto fuch borough, or town corporate, or market
town within the ihire for which they be eleded, as is fpecified
and contained in a fchedu]e unto this prefent bill annexed, there
to remain for ever in the keeping of the mayor, bailiff, or other
head officer for' thie time being, of the fame city, borough, or
Every city town, as the King's flandard of weight and meafure. {€) And
?ilaU makc^ that the inhabitants of all cities, boroughs, and market towns
ma within every of the faid fhires, fhall on this fide the feaft of the
.Nativity of St. John Baptijl next coming, make or caufe to be
made, common meafures and weights, according to the weights
and meafures abovefaid, to remain within the faid cities, bo-
roughs, and market towns, and every of them; (7) and the
lame yveights and meafures to \» viewed^ examined, printed,
figned,
pommor)
weights ac-
cording to
them receiv-
ed, and (liall
xuark them.
X494«] Anno undcdmo Henrici VIL 57
figned, and marked by the mayor, balltfF, or other head ofE*
cer, in whofe pofleffion the atorefaid ftandard fhall remain ;
(8) and that every of the aforefaid mayor, bailiff, or head offi- None (hallbuy
cer, having the faid weights and meafiires figned and printed ^,^^ ^?^
under the fign and print for the fame, with a letter H crowned, and me^m
liave authority and power to make, fign, and print like weights figned and
and meafures unto every of the King's lieges and fubjedls, duly printed,
requiring the fame, taking for marking of every buftiel, i.d.
(9; And that from the faid feaft of the Nativity of St. John
JSaptiJiy no merchant, ne other perfon or perfons, M^ithin any
.city or market town, buy ne fell with any weight or meafure,
except it be marked, ligned, or printed m manner and form
aforefaid, ne any other perfon or perfons out of the faid cities,
iK>roughs, and market towns, except it be like and equal
^th the faid eftandard; (16) and that every perfon, as well
i^thout cities, boroughs, and market towns, as within, buy
and fell with a bu(hel fealed, figned, or marked after the form
aforeiaid, and no otherwife. (11) And that all the mayors, - . - „
bailiffs, and other head officers of every city, borough, or mar- ^^'^L j^
kct town, fhalfcaufe twice fn the year, or oftener, as they (hall eaSminS*
think neceflary, all weights and meafures within the faid cities, tv^ice in the
boroughs, and market towns, to be brought afore them, and y^v >t the
to be duly viewed and examined ; (12) and fuchas they (hall '^*^'
upon the faid examination find defedlive,, immediately to
be broken and burnt, and the party or narties which in that
behalf hath offended, and been found defective, (hall forfeit
for the firft time vi.s. viii.d. the forfeiture thoieof to be unto The penalty
the £ud mayor, baiiliff, or any other having jurifdicStion andofc^ndenk
correSion in that behalf; and at the fecond time the faid of-
fender likewife to forfeit xiii. s. iv. d. and at the third time like-
wife to forfeit xx. s, and for further punifhment to be fet upon
the pillory, to the enfampic of other : (13) and that two jufti- jujgces of the
ces of peace, whereof one (hall be of the quorumy have authori- peace may
ty, as well by examination as by enquiry, to hear and deter- near and dc-
mine the defaults of the faid mayors, bailiffs, or other head *2SS^ ^^^
officers in that behalf, and alfo of*^ all buyers and fellers doing ®"***"*"
contrary to this prefent ad and ordinance, and to fet fine and
amerciament upon the offenders by their difcretion ; ( 14) and
the faid weights and meafures, fo found defedive, to be for-
feited and burnt, ( 1 5 ) Be it alfo enafted. That there be but only '^^^ "^^^"^of
viii, bufhels rafedandftrikento thequarter of corn, andxiv.li«to coni**"andthe
the (lone of wool, and xxvi. ftone to the fack. (16) Be it alfo weight of a
ordained by authority aforefaid, That the juftices of peace a- ftone and
bove^d, have authoritjr to make like procefs againft all per- (ackof wool.
fons found as is abovef^d defe^ve, and for fuch fines and a*
merciaments as upon them (hall be a(re(Ied, as if they were in-
didted afore them for breaking of the King's peace. (17) And i4£d.3.ftat.i.
where by other ftatutes and ordinances afore limited, it is or- c,i».
dained that every city, borough, and town that hath a con-
ftable, (hould have common weights and meafures fealed, up-
on penalties in the fame limited^ that thofe penalties in
Aa<
s»
Sdlingand
buying by wa-
ter meaTiire
onihip-board.
The lord war-
den of the
FiyePorU
fliallpaniih
ofienoes done
there.
Weights for
ccnnage of tin
in Cornwall
and Devon.
7 H. 7. C.4.
aa H. 7. c. 5.
Anoo undecimo Henrici VIL [ 1494^
that behalf extend not to any town which is no city, bursh, or
market town. (18} Provided alway, That this a6t flum not
extend^ nor be prejudiqal to any perfon (elling or buying by
water-meafure within the (hip-lx»rd ; (19) and that it be by
the authority abovefaid ena£tea, the premifles or any other or-
dinance afore made notwithftanding. That the laid water-mea*
Aire within the Ihip-board (hall onlv contain five pecks, af-
ter the faid ftandanl rafed and ftricken. (20) Provided alfo.
That the examination of de&ults abovefaid, and punilhment to
the offenders of every offence comoiitted hereafter within any
of the faid five ports, (hall be had, done, and adminiileml by
the lord warden of the (aid five ports, or bv his lieutenant of
the fame for the time being, and none otner, the premiiles
notwithftanding. (21} Provided aUb> That this zA of weights
and meafures extend not, nor be in no wife hurtful or preju-
dicial to the prince, within the dutchy of Cornwall^ for any
weights aiqpertaining and belonging to the coinage of tin with-
in the counties of Cornwall and Devon/bin, but that all fuch
weights be uied, ordered, demeaned^ and correded, as it hath
been ufed and accuftomed before this time^ the (ame« a£t and
oidinance notwithftanding.
nt names of towns limiied for tbefafe cufiodf of weigbis
and meafures^ according So sbi King's ftandard for she
Jbsres follomngj as particular^ appearetb.
Weftmerl.
Northumb^
Qmbr.
Lane.
Eber.
Unedm
Derb.
Nottingb.
Leic.
JVarw.
Rstyl.
North.
Bedf.
Buck.
Cantibr.
Hunt.
Norf.
The town oiAppleboy.
The town of Newcajik.
The City of CarliJIs.
The town of LancaJUr.
The city of r^rit.
The city of Lincoln.
The town of Z)^^.
The town of Nottingham.
The town of Leicejier.
The city of Coventry.
, The town of [^iff^Atfixr.
The town oiNortbampton.
The town of Bedford.
The town of Buckingham.
The town of Cambridge.
The town of Huntingdon.
The city of Norwich.
The town of St. Ednrnnds-burj*
The town of Chelmsford.
The town of Hertford.
In tFeftminJler.
The town of Maidfione.
The town of Guilford.
The Town of Lewes.
The town of Qunford.
Berh
X494-] AAno undecimo HkMRici VIL $9
Birk. The town of RgMng.
Sakp The town of Sbnwsiwj.
Staf. The town of Stafird.
Herifori The city of Henfird.
Gloiu. The town of Gbucefter.
H^ig§m. The city of JV^raJter.
Wilts The city of Ntw SaBskiry.
Smth. The city of Wincheftir.
Somerf. The town of Ikhefter. ^
DorJ. The town of Dmlnfttr.
Devm The city of Extijiir.
Conuib. The town of Lti/ludiilm
London The fame city.
Bri/hl The £ime town.
^uinqiii Pcrtus The caftk of Dover.
Cruitas Ccvent. The fame city.
SouihofnptoH The fame town.
Civkos Cejlr. The £une town*
CAP. V.
Every man may pull down the wears and engines In the haven *♦ ^ »5 j^i*
ot Soiaban^on^ between Calflford and Redbridge ; and who- ^rLSaL
foever levieth any other there, ftiall pay one hundred pounds
to the King.
C A P. VI.
Where cuftom fliall be paid when cloths be packed in one port, O. B. n k\%
and Ihippcd in another. Will 3. cie.
CAP. vn.
The principal leaders of any perfons to commit a riot or un-
lawful auembly, (hall be committed to prifon fo long time,
and pay fuch fine, and be bound to the peace withlureties
]n fuch a fum of money, as Ihall feem meet to the juftices
pi peace before whom the complaint is made, or the indi£t-
ment found. And if the riot be with forty perfons, or thought ^ v p
)^cinous, then the juftices of peace (hall certify the (ame, ^ -^^^ ^^ ^^
and fend up the record of conviction to the King and his c.it.
council. 7^ endure to the next parliament.
" y CAP. VIII.
A repeal of the ftatute of 3 /f. 7. e* 5. touching ufury. He that ^^ ^^ jj g^
lendeth his money upon uUiry, or maketh any bargain of c.o.*
lands or goods grounded upon ufury, (hall forfeit the one 3 ^- ^5^
half thereof.
CAP. IX.
Korth and fouth Ttndale and all the lands within the fame ihall P. R.
be guildable, and parcel of the county of Northumberland^ and
non-anchifeihaflbethere, but all thelCing's^rits and officers
ihall be obeyed. (2) And no man fhall demife any lands
. for years, life, or at will there, but the leilee (haU before
find two fureties having at the leaft xl. s. of freehold within
the county of Northumberland., to be bound by recognifance in
XX. li. to the King, to make anfw^ within eieht days warning,
•to all murders, tresifons, felonies, &c. andtne leflbrfiiall for-
feit
.^6a Anno undedmo Henrici VTL [i494«
felt xl. s. for every acre otherwifc let, to the King and juf-
tices, and the lea(e (hall be void. (3) And the juftices of
peace (hall enquire of the recognifances forfeited.
C A P. X.
EXP. A remedy or means to levy a fubfidy or benevolence before
granted to the King.
CAP. XL
No man (hall be a Mrorfted-(hearer in Norwich^ unlefs he hath
been feven years an apprentice, or be allowed by the mayor,
and mafters of the company. (2) The woxAed-(hearers in
Norwich (hall make no ordinance but fuch as the mayor and
aldermen (hall think nece(lary. (3) No inhabitant m Nor-
wichy being not a (hearmen (hall keep a (hearman in his
houfe. Rep. ig H.y.c. ij. The citizens of Norwich may
take to apprentice ttie fon or daughter of any perfon, not-
withftanding the ftatute of 7 //. 4. r.-iy. 12 H. 7. c. i.
5 El. f . 4.
•' • CAP. XII.
A mean to help and fpeed poor perfons in their fidts.
aGeo.ft.e.sS. T)R^yen the commons in this prefent parliament ajfembled^ That
f- •• JL wnere the King ourfovereign lardy of his mo/i gracious dijpofi-
tion wiHeth and intendetb indifferent jujtice to be had and mimjierei
according to his common laws^ to all his true fubje^Sy as well to the
poor as rich^ which poor Jiihjeils he not of ability ne power to fiu ac--
lording to. the laws of this land for the redrefs if injuries and wrongs
to them daily done^ as well concerning their perfons and their inherit
tance asothfr eaujes: (2) for remedy whereof, in thebehalf of the
poor perfons of this land, not able to fue for their remedy a(ter
the courfe of the common law ; be it ordained and enacted by
your Highnefs, and by the lords fpiritual and temporal, and the
commons, in this prefent parliament aflembled, and by autho-
rity of the (ame. That every poor perfon or perfons, which
have, or hereafter (hall have caufe of adlion or adlions againft
any perfon or perfons within this realm, (hall have, by the dif-
cretion of the chancellor of this realm for the time being, writ
or writs original, and writs oifuhpcena^ according to the nature of
their caufes, therefore nothing paying to your Highnefs for the
feals of the fame, nor to any per(on for the writing of the fame
writ and writs to be hereafter fued ; (3) and that tfie faid chan-*
cellor for the time being (hall aflTign fuch of the clerks which
« (hall do and ufe the making and writing of the fame writs, to
write the fame ready to be lealed, and alfo learned counfel and
attomies for the fame, without any reward taking therefore :
A mean to (4) and after the faid writ or writs be returned, if it be afore the
pS'r'WrfoSs King in his bench, the juftices there (hall afTign to the fame
jntbclr fuits po©' perfon or perfons, counfel leaAied, by their difcretions,
in every coiuit which (hall give their counfels, nothing taking for the fame:
pf record, jjj ^nd likcwife the juftices (hall appoint attorney and attor-
nies
I494-] Anno undccimo Henrici VII. 6i
nies for the fiune poor perfon or perfons, and all- other oflScers
requifite and neceflary to be had for the Tpeed of the fayl fuits
to be had and made, which ihall do their duties without anv
reward for their counfels, help, and bufinefs in the fame : (t)
and the lame law and order ihall be obferved and kept of all
fuch fuits to be made afore the King's juftices of his common
place, and barons of his exchequer, and all other juftices in *
the courts of record where any fuch fuit (hall be. ,
CAP. XIII.
fFho onhf may carry a borfe out of this land without the
King's licence. The cuftom ana price of a mare to be
tranfported.
FOrafinuch as many horfa and mares of the breed of this land
new of late have been carried and conveyed out of the fame into
the peart s beyond thefea^ which caufeth not only thejmaller number of
good horfes to be within this realm for the defence thereof^ but alfo the
great and good plenty ofthefameto be in thefatdparts beyondthefea^ that
in times paft were wont to be within this landy and over that^ the
price of every of them to be greatly enhanfed here^ to the lofs and noyance ,
of all the Kings ful^e£ts within the fame .' (2) for remedy whereof No horfc
be it ordained, enaded, and eftablifhed by the King our fove- ihall bccarricd
reign lord, by the advice of the lords fpiritual and temporal, ^alin wkhout
and the commons, in this prefent parliament aiFembled, and the King*s h"-
by authority of the fame, That from henceforth no manner of cence.
perlim ne perfons carry or convey any horfe out of this land »» H. s. c. 7.
without the King's fpecial licence, upon pain of forfeiture of * ^ ®" '•^•'4*
the fame, or any- mare above the value of vi. s. viii. d. without {^q ^qj^^
the King's fpecial licence, upon the faid pain of forfeiture of the above the va*
fame mare j the owner thereof, or his deputy, receiving for 1«;5. ^f ^* ••
the fame mare vi. s. viii. d. at the time of the feifure upon the ^^*nfiwtcd
faid forfdture, or elfe it be not forfeit : (3) and at the time of ^itii J|^ Ij.
feifure of the faid mare or mares, they mall be prifed by the cence.
head officers of the town where any fuch mare is taken, and
there openly to be fold at the beft price, and the half deal of
the over price of her, being above vis. viii.d. to be to the
Kiiig, and the other half to him that feifeth ; and the King's
part thereof to be delivered to the cuftomer of the faid port.
(4) And that no manner perfon ne perfons hereafter carry or con- ^^^ ^1
vey any mare or mares out of this land, except every of the faid ^^ exceptW
mares (o carried be of the a^ of three years at the leaft, and be three years
not over the price of vi. s. viii.d. paying to the King for every old, and not
of them, being not above the value of vi.s. viii.d. fo to be**^^®^^^
carried or conveyed in the fame port, fuch cuftoms as hath been v|ii]^d. *
for mares before ufed ; (5) and that for every mare of more va- The cuftom
lue heres^ter by the King's licence after the form aforeiaid con- of a mare
veyed or carried beyond the fea, the owner thereof, or his de- ^^*^^^^j^^'
puty, aflignee, or iervant, (hall pay vi. s. viii. d. for the cuf- and hcrpricje
torn of the fame before it be (hipped, under the pain of forfei- vii. s.
lure of every marc fo (hipped ere they be cuftomed. (6) And
over
64 Anno undedmo HENiaci VII. [1494*
over that it be enadcd. That if any pofon at llie portjnrill nvo
for any of the mares fo to be csnied viL s. that it be iawful to
him lb ^ving and paying the faid vii. s* to take the fsud marey
if flie be not afore talcen by the King's ofEoery nor Ac King's
licence be not in that bdiaifaforelaid, for the fiune mare to be
Any denizen carried, obtained. (7) Provided aiway, Tliat it ihall be lawfol
may canya to every perfon or pertons, being denizens, hereafter to carry a
^b'^^^horfe beyond the iea, the King's Ucence in t|iat behalf not ob-
own ufe. tained, for their own ufe, not intending at the time (^ the
i£d.6.c.5. (hipping of the lame, nor dien purpofed nilly to fell him, and
Rep. 5EU.I9. fji;^^ intent to be known by the oath of him that (hall fo (hip die
£mie horfe, taken brfore the culhnner or fearcher of the uune
port, this aft notwithftanding.
CAP. XIV.
ff^luit cttfioms aUens made denizens Jball ptf fir their mer^
cbandifes.
"IT/HERE the King ^ir ftwertign krd is greatly demvei in bis
VV €t^ems and fi^ftdies if merMmts andftrangersy fiuh as the
King mirfovereign iera hath granted iy bis letters patents to be de^
nizeHs^ and to pay no other tuftoms nefubftdies for their menbandifi
inward and outward but as a denizen^ tmder colour whereof they
cuftomnot oidy their own merchandife under the form aforefaid^ ha
mfo they colourahfy enter into the euftomers hooks the nurAeuMe of
other Jirangers^ ealling and faying the faid goods of oth/r merchants
to be the goods of themfo made denizens^ to the, great Ufs and de--
fraud of the King ourfovereign lord : {%) wherefore be it enafted,
»« H^tx-V. ^y ** *^°8 ^^^ fovcreign lord, the lords fpiritual and tempo-
ft5C^.x.'c.6. 1^9 suid the comorrans, of this prefent parliament aflembled,
f.i & a. and by authority of the £ime. That all merchant Ifarang^s and
Aliens made other, that be made denizens by the King's letters patents, or
pay a!?h^f- othcrwifc, pay from henceforth fuch cuftoms ind fubfidies for
tomi and fub- ^^^^ gOods and merchandife inward and outward, as they
fidies as they Ihould have paid, if fuch letters patents and grants had never
did before, to them been made.
CAP. XV.
Entering of plaints in county courts^ examining offheriffs. exe^
cution of precepts^ viewing ofeJireatSy andgatbering ofsbem.
Several mifde- TT THERE AS great extortion is yearly ufed and had within divers
^Ctdb^S^^' ftfi«/w of this realm ^/Enghind, by thefuhtilty and untrue
rilfs, ^c. en- demeanour ofjberiffs^ under'Jberijfs^Jhire'cUrksy or any other officers
tering of holding and keying the counties in the name of thejherijf^ that is to fay,
plaints. If any man affirm a plaint before the Jberms in the counties^ or before
any other of thefeid officers ^ the faid fieriff'^ under'fi>eriffi, er his
fhire-clerk^ will enter or caufe to be entered in their booksy in the fame
plaintiff* s name^ divers and many plaints both of debt ^^ treAafSj and
covenant^ at their pkafurcy and unknown to the fame plaintiff in whofi
name the faid plaints been affirmed^ to the intent that if the defendant
appear not at every Jtire-day or court hanging the Jaid plaistt^ bejbaU
Uefe
i494-1
Anno undecimo Henrici VIL €3
Utfifor his default made at every phintfmr pence ; (i) where SSveri
times hy ecvin tetween the faidjheriffs^ under-flkrijj^s^fiireHlerksy and
the ether fmfaid officers^ the fma drfendants being never attached^
fiemmmea^ nor warned according to the due form of the common law,
wherefore the fame parties^fo put injicit, have no knowledge of any
Jttchjuie had agmnfi them ; (3) and over that, the fame Jberiffs, «w-
der-jber^Sy and flnre-clerks, will cauje divers phmts to be taien in
the names offiuh perfons that are not in plain Kfe, where thefaid
defendant fbaU have like lofs as is before rehearfedi (4 j fo that
toe uniawfiil demeanour of the fmd fberi^s, under-fheriffs, flnre^
derks for the time being, and the bailHfs of the hundreds, for
their defatdt and negligence in their offices, and covin between
the JSiia Jberiffis, under fberiffs, fbire-clerks and ether of the fore^^
faia officers, caufeth the amerciaments that be in the one year af^
ter the books be ingroffed, to amount to great and importable fums
of money, (5) which fums $f money been yearly levied of the poor
commons in the faid counties by ihefheriffiss under-fieriffs, andfhire"
clerks, cmd other their deputies being ofnofubfian£e,neiiher ofhavour,
which deputies take and levy more by extortion than is contained in
their eftreats, to the exprefs pillage and impoyerifiing of the faid com^
mens. (6) Be it thensfore enadted, ordained^ and eftabli(h<
Sifhedby
the King our fovcrcign lord, and by the aflent of the lords fpi- 1 • a n
ritual and temporal, and the commons, in this prefent parlia- be ^^nwi in
ment aflembled, and by authority of the £ime,That no (heriffs, the county
under-iheriffs, or (hire-clerks hereafter, neither any perfon in court, but
thdr names, nor by their commandment, (hall take and enter ^*»?*.^^«
any plaints in their books in no man^s name, unlefs the party Jl^^^^
plaintiff foe in his proper^ perfon prefent in the court, or elfc by prpfcnt;
a fufficient attorney or deputy that is known to be of good name
and difpofition ; (7) and that the fame party plaintiff (hall find
pledges to purfue his faid plaint, (uch perfons as are known
there in the county ; (8) and that the party plaintiff (hall have •j^^^ ^^^ be /
but one plaint for one trefpafs or contradt. (9} And if the faid entered but
iheriffs, under-(heriffs, (hire-clerks, take arid enter, or caufe to one plaint for
be entered, any mo plaints than the plaintiff fuppofcth that he one caufc.
hath caufe of aAion againft the defendant, that then the f?id
iherifis, under-(heriflfe, (hire-clerks, that do enter, or caufe to
be entered^ any fuch plaints contrary to the faid provi(ion and
ordinance, (hall forfeit for every default xl. s. the one half there-
of to be bad to the ufe of our faid fovereign lord the King, and
the other part to him or them that will me and prove the fame ^ juftice of
matter by action of debt or information in the exchequer. (10) peace may
And over that, the ju(Kccs of peace in the fame counties, and examine the
every of them, (hall have authority, upon complaint made by ®^"^j^*'55Ito
the party fo unlawfully grieved, to examine the faid (heriffs, the«chcquer.
under-(heriffs, or (hire-clerks, and plaintiffs ; (11) and if the
£ud juftices of peace, or one of them, find by their examination
default in the (aid (heriffs, under-(heriffs, or (hire-clerks, in
entering of the faid plaints deceitfully, for his or their advantage,
as is brfore rehearfed, contrary to this prefent adl, that then the
laid (heriffs, undcr-(heriffs, and (hire-clerks, (hall be cohvift
and attaint of the fame offence, without further inquiry or ex-
amination.
64 Anno undecimo Henrici Vlt. [1494^
aminatlon^ (12) and that he (hall forfeit upon the fame exami«>
nation xl. s. to the ule of our fovereign lord the King for every
default. (13) And the faid juftices d* peace that fo (hall take
the examination, (hall certify the fame examination within a
quarter of a year into the King's exchequer, upon pain of
xl.s. (14) and furthermore. That the faid flieriffs, imder-
.iherifis, and (hire-clerks, make, or caufe to be made, a fufficient
precept to the bailiffs of the faid himdreds, to attach, fummon,
'?baSfffif^^ or warn the defendants that are fo in fuit, to appear and anfwer
hundreds that ^^ ^^ ^^ plaints ; (15) and if there be anv default in the faid
de not execute bailiffs of the hundreds, in warning of the aefendants to appear
their offices, and anfwer to the faid plaints commenced againft them in their
courts, or in executing their faid office. That then the faid bai-
liffs (hall forfeit for every default unto our fovereign lord the
King xl. s. (16} and to be attaint and oonvift thereof by like
TwoiuiBces examination of the juftices of peace, or any of them, as before
of peace (hall is rehearfed. (17) And that the fame (heriffs, under- (heriffs,
view the die- (hire-clerks, and their deputies for the time being, (hall make no
n^e&rt^u. eftreats to levy the faid (heriffs amerciaments, until fuch time
1 • 4. c, 2. ^^^ ^^^ juftices of peace, whereof one (hall be of the ^U9rum^
hath had the view and overiight of their books ; (18} and that
the eftreats be indented betwixt the faid juftices of peace, and
the faid (heriffs and under-fheriffs, and fealed with their (eals,
the one part to remain with the faid juftices, and the other
part with the faid (heriffs, or under-(hcriffs, to the intent they
Bailiffs (hall be xnay underftand if any deceit be, or untrue demeaning in them,
therbiuJSat ^^ n^aking of their books ; (19) and that thofe perfons which
is due. ^aU he gatherers of the (ame amerciaments, as bailiffs, or other
By whom and officers, be fwpm by the faid juftices, that they take no more
when the faid money than is forfeited and contained in the eftreats, fealed with
l>en^c!dL ^^ ^^^ ^^ *^ ^^^^ juftices of peace, upon the fame pain of
forfeiture as before is rehearfed ; thereof the fame gatherers to
be convid by examination of the faid juftices of peace, or one of
them, as before is rehearfed. (20) Provided, alway. That the
faid juftices of peace (hall be appointed and named at the gene-
ral feffions after the feaft of St. Michael the archangel, by him
. that is Cujtoi Rotuhrum o( tht faid counties, or elfe by theeldeft
of the Quorum in his abfence, to have theoverfight and controls
ment of the faid (heriffs, under-(heriffs, and (hire-clerks, and
warded by the ^^^ ^^^^^ of the faid officers, and of the faid ftieriffs amercia-
juftices of ments: (21) and the faid juftices of peace, upon fuggeftion,
peace againft or information of the party fo grieved, (hall make like pro-
a^ ofFcniJcr. cefs/as in an adion of trefpafs, againft the (aid (heriffs, under-
(heriffs, or (liire- clerks, and other the forefaid officers mifde-
meaning, as before is rehearfed, for to appear before them to
anfwer to the faid fuggeftion or information.
CAP. XVI.
EXP. He that hath a freehold in CalaiSy 'Out of the which any due h
ifTuing for the keeping of the fame, (hall pay within one year
and a day, or elfe (hall forfeit the freehold to the King.
CAP.
1494*] Anno undecimo Henrici VII. 6$
CAP. XVII.
The forfeiture for taking of pheafants & partridges^ or the
eggs ^ hawks orfwans.
ITEM, Forafmucb as divers perfons^ having little fubfiance to live
upcn^ ufe many times as well by nets^ fnares^ or other engines^ to
take and de/lroy pheafants and partridges upon the lord/hips^ manors j
kinds., ana temments of divers owners or pojfejfioners of thejame^
vnthotU licence^ confent^ or agreement ofthejame owners orpojjejjionersy
by thiwhichthe fame owners and poffefftoners leefe not only their pkafure
and difport that they^ their friends and fervants Jhould have about
hawimg^ buntings and taking ofthefame^ but alfo they leefe the pro^
fit and avail that by that occafion Jhould grow to their houjbold^ to the
great hurt of all lords and gentlemen^ and other ^ having at^ great
livelihood within this realm: (2) wherefore it is ordained and Raftpla.f.eoa,
ena<fted by the authority of this nrcfent. parliament, That it (hall The penalty *
not be lawful to any perfon, or what condition he be, to take, ^^r taking o£
orcaufe to be taken, any pheafants or partridges by net, fnares, P^^^^fants or
or other engines, out or his own warren, upon the freehold of a^^Je^r ^^
any other perfon, without the aflent, agreement, and fpecial ground by
licence of the owner or pofleflioner of the fame, upon pain of nets, Sec,
forfeiture of x. li. the one half thereof to the party that will fue *3^^' ^- '°*
for the fame by a<Slion of debt, or by bill, or otherwife, and the ^ jg^* ][ c. x i !
other half thereof to the owner or pofleflioner of the faid ground, 7 Co. lii * *'
upon the which the faid pheafants and partridges be fo taken : The penalty
(4) alfo it is ordained by the faid authority. That no manner of ^^^^ ***^*"S of
perfon, of what condition or degree he be, take or caufe to be fw^nseggs out
taken, be it upon his own ground, or any other man's, the eggs of their nefts.
of any faulcon, go (hawks, laners, or fwans, out of the neft^ upon 3 1 H. 8. c. i ».
pain of imprifonment of a year and a day, and fine at the King's
will, the one half thereof to the King, and the other half to the
owner of the ground where the eggs were fo taken, and that
the juftices of peace have authority, by this prefent adk, to hear
and determine fuch matter, as well by inquifition as informa-
tion and proofs. (5) Alfo it is ordained by the faid authority, Q^^tsan Eng*
That no man from the feaff of Pa/che next coming, bear any ufli hawks
hawk of the breed of England^ called a Nyejfe^ Gojhawky Taj/it^ prohibited to
Lanery Laneret^ or Faulcon j upon pain of forfeiture of liis hawk d« borne.
to the King, and the faid hawk to be at the King's pleafure :
(6) and that all fuch perfons as bring any nyefle hawk or He that bring-
hawks, from any the. parties beyond the fea, bring a certificate cth a Nyefle
under the cuftomers feal of the port where he firft landed with J*^!^ ^^^"*
the faid hawk or hawks: (7) or if he come out of S(otknd^^l^l^i^^l\
then under the feal of the warden, or his lieutenant of that certificate.
march that he cometh through, teftifying, that the fame hawk
or hawks be of the parties beyond the fea, or of Scotland^ upon
the fame pain ; (8) and that the perfon that bringeth any mch
hawk or hawks to the King, (hall have a reafonable reward
of the King, or elfe the fame hawk or hawks for his labour. *
(9) Alfo it is ordained by the fame authority. That no man xhe penalty
take anv ayrer faulcon, gofliawk, t^fiel^ or laner^ or lanerets, for taking,
VoL.'lV; f . in
w
66 Anno undccimo Hbkrici VII. [i494«
killing or in thor vmnm or woods, or in other place, nor purpofisly
driTing of jfiye them out of their cbverts accuftomed to breed in, to
h*w^- caufe them to go to other coverts to breed, nor flay them for
any hurt by them done, but fuffer them to pafi at their liber-
ties, ^lo) upon pain often pounds, die one half thereof to the
party that will fue for the finne by a6tion of debt, by examina-
tion before Aejufticte of the peace, information, or otherwife,
and the other half to the King, ^ii) Provided alway. That
the moiety of ibe forfeiture abovefiud, given to Ae owner of the
ground for taking of fwans em, be unto the owner of die bid
Iwans, and not to the dwner ^the ground
CAP. xvin.
Tbef^rfeiiure of him tMcbgHtb not in perfon mib the Kjng
in bis wars, wben be is inperfm.
''HERE AS every fubjeSty hy the duty of his aBegiame^ is
bounden toferve and ajjiji his prince audjovereign brd at aU
feaforts when needfiall rejuirey and mcjl fpeciailyfuch perfins as have
by him promotion or advancement's grants and gifts of offices j feeSy
and annuities y which owe an^ verily be bound of reafon to give their
attendance upon bis royal perfon^ to defend the Jaraey when he JbaO
fortune to go in his perfon in war ^ for defence of the realm^ or againft
his rebels and enemies^ for the fuhdmng and reprejjing of them and
He that win their malicious purpoje: (a) wherefore be it ena&ed and efta-
not go iiv per- blifhed by the King our fovereign lord, by the advice of his lords
Kin^in^his fp^^^sd and temporal, and the commons, in this prefent par-
-warf, where Hament aiiembled, and by authority of the fame. That if any
he i« in per- perfon or perfons, being within this realm of England or fFaks^
*Mv^li lofc having fuch offices, fees, or annuities, by any of his rehearfed
Sl^ted^by ' gifts and grants, do not give their attendance upon him, when
$Sicing- ne fliall fortune to go in wars in his perfon, in their faid perfons,
as thdr duty bindeth them ; that then th^, and every of them
making thereof default (the King's fp^ial licence not had, or
elfe he have fuch unfeigned ficknefe, letting, or difeafe, that he
ma]r not in his perlbn come to do bis perk>nal attendance ard
Ibrvice after the form aforeiaid, and that dulv proved) that then
every fuch perfon or perfons forfeit and lo(e their faid offices,
fees, and annuities, and to ftand void at the King*s pleafure, any
adt, ordinance, or ftatute to the contrary afore this time had or
Certsin per- made in any wife notwithfianding. (3) Provided, That diis a&
Ions wheicuii- extend not to any fpiritual perfon, matter of the rdls, ne to any
'2>th*not^ other officer and clerks of the chancery, iuftices of either bench,
iend. * barons of the King's exchequer, and other officers and clerks cf
Dyttt sti* ^c f^d places, the King's attomies and folicitor, and the fer-
jeantsat law. (4) Provided alway. That this aft (hall not ex-
tend to any perfon having any fuch offices of the King's high-
nefs, and being in his fervice within his towns and fortilities of
19H.7.C. I. Berwick and Carlifle^ ne to the clerk of the King's council for
the tim^ b^iog.
CAP.
1494'] '^^'^^ undecimo HbnrIci VIL 67
CAP. XIX.
What fiuff ufholfitrs Jball pit in bolfters^ fsatber-heds^ and
pillows.
TO the right nmjhipfvi cmnuns in this pre/ent parliamnt a/- * Bulftr. iftj>
fmbkd^ Jbew9tb untoy$ur difcrut wifdomsy the wardens of the
fdktsfinp rf ihfi araft of ufifojfters within the citf of London, (2)
tb^ whereat Overs perfon$ within the realm of England, out of the
/aid eitfy nnfie and do to be made unlawful andjfalfe wares and
merchiidifeSy to the great rebuke wdttander of the Jaid crafty and alfo
freatj^pardf^ kfsj and deceit to the King's fuote^^Sj wherefore there is
mo fi^fident remedy purveyed^forfo much as the fame wardens have no
power nor authority to make duefearch offuchfalfe decdvable wares
and mercban£fes put tofale out of the Jaid city, as they have power
and authority within the fame city^ as in feather-beds^ bo(fierSj and
pilUwSy made of two manner of corrupt fiuffsy that is tofay^ offcaled
feathers J and dry pulled featiers together j and of flocks and feathers
together y whieb is contagious for maris body to lie ouj and alfo tn fuilts^
mattrejesj and cujbionsj fluffed with borfe-hair, fen-rnvn^ neats-
hairy deers-bairy and goats-hair^ which is wrought in lime-fat Sj ana
by the beat of maris body tU favour and tafte is fo abominable and
€ont4giousy that many of the king*s fuMf^s thereby been dejlroyedi
(3) which deceitful making of theforefaid corrupt and unbwfidjiuff
IS to the great lofs and impoverifbing of the Kin^s liege people y cmd
alfo to the great rebuke andflander to the (aid craft ofuphol/lers : (4)
therefore may it pleafe the King's hig^nels, by the advice of the
lords fpitituai and temporal, and his commons, in this prefent
parliament ailembled, and by authority of the fame, to eftablifh,
ordain, and enafl. That from henceforth no perfon ne perfons
flull make, utter> ne put to fale in fairs, ne in markets within
this his faid realm, any feather-beds, bolfters, or pillows, except Whitt itoff
they be ftuffed with one manner of fluff, that is to fay, with dry P^^JJ ^ P"^
pulled feathers, or elfe with clean down alone, and with no ^nows, ^d ^
fcaled feathers, nor fen-down, nor none other unlawful and feather-bedg,
corrupt fluffs, as is afore rehearfed, but utterly to be damned
for ever: (5) except if any perfon or perfons, for their own pro-
per ule in their houfes, make or do to be made any of the fore-
said ccMmipt and unlawful ihjff and wares, fo they oe not offered ^^ . ^
to be fold in &irs and markets, upon pain of forfeiture. (6) J^f beput
And alfo in likewife, quihs, mattrd&s, and cu(hions,be fhiffed into quilts^
with one manner of fhiff, that is to fay, with clean wool, or clean mattrefles,
flocks alone, and with no fuch unlawful fluff afore rehearfed, "J^ 5^^°^'
upon pain of I0& and forfeiture of all fuch unlawful wares and ^,^5
merchaodifes.
CAP. XX.
Certain alienations made by the mfey of the lands of her
deceafed husbandy fhallbt void.
FOR certain reafonable confideratidnsbeit ordalined, enaAed, itob. 199.
and eilablifhed by the King our fovereign lord, and by the 1 Leon. 161.
aflcntofthf lords fpiritualandtcmporal,andthc conunons in this * ^- '^'*
Fa prefent*'^- ^'
68 Anno undecimo Henrici VII. [1494.
2 RoU, 417. prcfcnt parliament afTembled, and by authority of the fame,
3 S°* I*' That if any woman which hath had, or hereafter (hall have, aiy
iro?iudg.i4«, ^^*^ ^^ dower, or for term of life, or in tail, jointly with her
153.* * ' husband, or only to herfelf, or to her ufe, in any manors, lands,
'Co.L]t.3i6.b. tenements, or otiier hereditaments of the inheritance or pur-
365, 366, 381. chafe of her husband, or given to the faid husband and wife in
*!hifi Tit* ^^^^^ ^^ ^^^ ^^^^ ^^ '^ ' ^y ^^^ °^ ^^^ anceftors of the faid huf-
C14, * ' band, or by any other perfon feifed to the ufe of the faid huf-
Cro, Jac. X74, band, or or his anceftors, and have or (hall hereafter, being fole,
^ MoH ®^ ^^^^ any other after taken husband, difcontinued or dilcon-
1 Mod." IV. ^^^^^9 aliened, releafed, or confirmed, alienc, releafe, or con-
Alienation by finn with warranty, or by covin fuffered or fuffer any reco^
the wife of very of the fame againft them, or any of them, or any other
the inh«r|- feifed to their ufe, or to the ufe of either of them, after the
deaafcdhuf- ^^^^ aforefaid, that all fuch recoveries, difcontinuanccs, alicna-
band,fliallbe tions, rdeafes, confinriations, and warranties fo had and made,
void/ and from henceforth to be had and made, be utterly void and of
none efFe<5t : (2) and that it (hall be lawful to every perfon and
perfons, to whom the intereft, title, or inheritance, after the
deceafeof the faid women, of the faid manors, lands, and tene-
ments, or other hereditaments, being difcontinued, aKened, and
fuffered to be recovered, after the nrft day of December next
coming, in the form aforefaid, (hould appertain, to enter into
all and every of the premUTes, and peaceably to poflefs and en-
joy the fame, in fuch manner and form as he or they (houkl
have done, if no fuch difcontinuance, warranty, nor recovery
Upon the re- had been had nor made. ('3) And over this be it ordained and
covcryoralic- cnadled by the faid authority. That if any of the faid husbands
nation of the g^j women, or any other feifed, or that (hall be feifed, to the
tl^'^verfwn "'"c of them of the eftate afore fpecificd, after the faid firft day of
may enter. Detemher^ do make or caufe to be made, or fuffer any fuch dif-
3 And. 31. continuance, alienations, warranties, or recoveries in form afore-
' Co' *^** % ^^^^' ^^^ ^^^" ^^ ^^ ^ lawful to the perfon or perfons to whom
\ Co.* i!*' ^^ '^'^ manors, lands, or tenements (hould or ought to belong
Dyer, iii, after the deceafe of the faid women, to enter into the fame, and
146, 148, 340, them to poflefs and enjojr, according to fuch title and intereft
354» 3^*- as they (hould have had m the fame, if the fame women had
34«- ]jgg^ dead, no difcontinuance, warranty, nor recovery had, as
againft the faid husband during his life, if the faid difcontinuance,
alienation, warranties, and recoveries be hereafter had by or
againft the fame husbands and women during the coverture
and efpoufal betwixt them. (4) Provided alway, That the
covert^und ^^^^ women, after the deceafe of their faid husbands, may re-
but during enter into the fame manors, lands, and tenements, and thetn
her husband*8 to enjoy according to their (irft eftate in the fame. (5) And over
^'^R m *^'^ ** ordained and enadted by the faid authority. That if
A woman^fole ^^ '^^^ 'Woman, at the time of fuch difcontinuance, alicRations,
aliening, or -recoveries, warranties, after the faid firft day of December y in
fuffering a form aforefaid, to be had and made of any of the premi(Ies, be
recovery. foj^^ tj^^t then (he (hall be barred and excpluded of her title and
intereft in the fame from thenceforth 5 (6) and that the "^on
and
1494*3 Anno undecimo Hemricj VII. 6g
and pcribns to whom the title> intereft, and pof&flion pf the
fame (hould belong after the deceafe of the faid woman, (hall
immediately after the faid difcontinuances, alienations, war-
ranties, and recoveries, enter into the fame manors, lands, te-
nements, and other hereditaments, and them to poflefs and
enjoy according to his or their title in the fame. (7) Provided a provifo for
alio. That this adl extend not to avoid any recovery, difcon- a recovery
tinuancc, or warranty after the fiirm aforewid, afore this time ^^d before
had, made, and fuflfered, but only where the faid husband and J^^ ft^utc
woman, or either of them now being alive, or any other to their
yfe, now have entries and title to the faid manors, lands, tene-
ments, or other hereditaments, aliened, difcontinued, or fuffered
to be recovered after the form aforefaid, and thereof now taking
the ifliUes and profits, or any other perfon or perfons to their
ufe. {8) Provided alfo. That this aft extend not to any fuch A woman
recovery or difcontinuance to be had where the heirs next inheri- nu?or ftiS**'
tiible to the faid woman, (9) or he or tRey that next after the recoveiy, with
death of the fame woman (nquld have eftate o^ inheritance m the heir*s
the fame manors, lands or tenements, be afTenting or agreeable confent.
to the faid recoveries, where the fame ^Sci\t and agreement is of
record, or inrolled. (10) Provided alfo. That it (hall be lawful ^ woman
to every fuch wom?n being fole, or married after the death of j^$ forlhe^'
her firit husband, to give, fell, qr make difcontinuance of any term of her
fuch lands for term or her life oi^ly, after the courfe and ufe of life only,
thecommon law before the making of ^his prefentadl. 6Ed.i.ftat.i.
CAP. XXL JiH.g,c,36.
The ability of every man that Jhall he impanelled in any in^
queft or attaint in London.
^HEREAS perjury is much and cuftomarily ujed within the 4 H. 8, c. %.
city ^London, amongjtfuch perjom as p'ajfen and been im-
panelled upm ijfues joined betiveen party and party in the courts of the
fame dty^ to the g^eat difpleafure of Almighty God^ and alfo to the
dijheritance and manifold wrongs of the Kih^ s fubjeSfs^ forafmuch as
fhere is impanelled in the fame inquetts perfons of little fubjlance^ dif-
cretion^ and reputation j (2) and alfo no attaint^ ne other fufficient
punijbment^ is for fuch perjured perfons before this time purveyed and
ordained within the fame city: (3) therefore it may pleafe the
King's highnefs, by the advice and ailent of the lords fpiritual
and temporal, and the commons, in this prefent parliament af-
fembled, and by authority of the fame, to ftablifh, ordain, and
enatft. That no perfon ne perfons hereafter be impanelled, fum- of what abi-
moned, or fwom in any jury or inqueft in courts within the fame Uty every man
city, except he be of lands, tenements, or goods and chattels, to ^^^^ijji^^'
the value of xl. marks; (4) and that no perfon or perfons hereafter JJ^panellcd^iii
be impanelled, fummoned, nor fwom in any jury or inqueft in any inqueft in
any court within the faid city, for lands or tenements, or a(5tion London,
perlbnal, wherein the debt or damage amounteth to the fum of
xl. marks, or above, except he be in lands, tenements, goods,
or chattels, to the value of C. marks -, (5) and the fame matter
and caufe alledged by any of the faid parties by way of chal-
F3 kngc.
w
7©
What a man
makine de-
^ult of ap«
pearance m -
London ihal)
Ibrfeit, aa4 to
Anno nndcdmo HENRIcif VII/
fU94.
An attain^
may be fued
by bill in the
buftings in
Iiondoii.
A precept by
the mayor to
the aldermen
|o jTunamon a
jury.
forty djrbt
perTont im-
panelled and
Siimmonedto
fippear upon
|Ji attaint.
Itaft.pla.f.90.
A Tales for
default of ap-
pearance of
the jurors.
Pleas of at-
taint coip-
tneiiced in
London ihall
be tried there.
No cha]1en|ne
for lack ot
fulHcicncy,
knge, and fo founden, fhall be admitted and taken in every of
the fame courts as a principal challenge. (6) And that every
fuch perfon hereafter to be impanelled or fummoned to appear,
in any jury or inqueft before any of the faid judges of the fiime
city, malung default, at th<9 firft .fuQiinons lofe and forfeit in
ifliies xii. d. and at the fccond de&uh ij. s. and fo at every fiich
default after that, the UTues and penalties to be douUe : (7)
And all fuch iflues loft in the mayor's court fhall be forfeited,
levied, and perceived to the ufe and behoof of the mayor and
commonalty of the fatd city j and all fuch iifiies loft in the (he-
riff^'s court or courts ftiall be forfeited, levied, and perceived to
the ufe of the (heriffs of the fame city ibr the time being, to-
wards their fee-ferm. (8) And alfp be it enatfted by like au-
thority. That the party grieved by any untrue or fane verdiA
hereafter to be given in any of the courts of the faid city, ftiaU
and may have and fue attamt by bill in the huftlngs of LondoHy
holden for common pleas before the mayor and aldermen of die
fame citv for the time being \ (9) and thereupon a precept to be
av^arded and made by the fame mayor to every alderman of the
faid city, or his dejputy in his abfence, to prefent or certify the
names of four indifferent and difcreetperfons of good fame, and
every of them of fubfiance of C, li. or more, citizen^ of the fame
city, dwelling in his ward, to th^ mavor and aldermen of die
faid city for the time being, at the hunings of common picas
withu^ the fame city then next enfuing to be hoHen j (10) of
which perfons fo prefented and certified, the faid mayor and fix
aldermen^ or more, holding the fame cpurt of huftineSy fhall
take, name, and impanel xlviij. by their difcretion thought moft
able, fufficient, and indifferent ; and the tnayor and his fuc-?
ceiS>rs, mayors of the faid city, fhall do to be fummoned the
faid xlyiij. perfons fo by the (aid mayor and aldermen named
and impanelled, (11) and alfo the jurors of the petty jury,
and tlie party or parties named as tenants or defendants in
the faid bill of attaint, to appear before the mayor and
aldermen of the fame city at the huftings of common pleas
then next to be holden m the fame city; (12) and if^ the
fame attaint then, or any other time, happen to remain
untaken fpr or by defaiJt of jurors, by challenge or other-
wife, that upon every TaUi grante^, the faid mayor and aldermen
fhall impanel the faid perfons which were certified by the faid
s^dermen or their deputies, and omitted out of the (aid panel^
or put therein other perfon or perfons, being citizensf of the
faid city, of the fubftance of C. li, or more. (13) And alfo,
That all the plea or pleas to be alledged and pleaded by or for
the tenant or defendant, tenants or d3endants, or by any of the
jurors of the petty jury in the fame attaint, and triable oy any
jury or inaueft, (hall be tried wjthin the fame city, and by the
jnquefts or the fame, and in none other place ne county. (14)
And that none of the faid petty jury, ne other parties named in
any fuch bill of attaint, (hall or may have any challenge to the
array, or to any perfon or poll therein being impanelled, for
lack
1494-)' Anno undecimo Henrici VII. y x
lack, of fiiffidency of goods or of lands. (15} Over that It be
provided and ena<£ted. That the judgment in any fuch attaint
ihall not extend to any lands or tenements, ne to other jpunifh- -
ment of the petty jury, ne other procefs to be in the (ame at- '
tainty than is limited and appointed in this prefent acft. ri6) The )udg-
And if the xxiv. perfonsof the faid xlviij. perfons fwom in the lame ment where
attaint find that the jurors named in the petty jury have made and J^^ P^^^y JH^r
given an untrue verdidl, th^t then the judgment (hall be againft IJJtainted^a *
the psuty defendant in the fame attaint, asisufed in s^aint fued gainft the de^
by writ at common law : (17} and furthermore, the judgment mdant and
in the fiunc attaint (hall be sigginlt the petty jury, that every of ^*P*^i^-
the jurors of the &me petty jury (hall forfeit and lole xx. h. or
more, by the difcretion of^the mayor and aldermen of the &id
dty> keeping the fame huftings, or any other huftings of com-
mon pleas, to fuch ufe and behoof as other ifTues and penalties
beea forfeited and loft in anv a^on or plaint commenced before
the mayor and aldermen of^ the fame city, and his body to be
imprifbnedy there to remain without bail or mainprife fix
months, or lefs, by the difcretion of the mayor and aldermen of
the fame city for the time being, and to be difabled for ever to
be fwom in any jurv before any temporal judge. (18) And Tlie judg-
over that, be it enaaed by the fame authority. That if it be ment where
found by the grand jury in the fame attaint, that the petty iury ^l^'?^!!;'
baveg^ven a true verdidt, that then the grand jury mall have^^ ** *™"*'
authority and power to inquire if any of the petty jury took or
perceived any ium of money or other reward, or promife of
money or other reward^ of them named defendants or tenants j--^
in the fame attaint ; or if aiiy other perfon or perfons, by the of thepetty -
commandment, covin, or a^nt of any of them, to or for the jury have
intent of their verdidl given, whereupon the fame attaint is ^^^ '*'■
grounded ; (19) and after any fuch corruption by the faid grand ''*"*■•
jury is founden, that then tne juror or jurors of the faid petty
jury, that is found fo defedtive in taking and perceiving any
Aims of money, or other reward, or promife of reward, (hall
k>fe, forfeit, and pay to the plaintiff or plaintiffs named in the
fame attaint, ten times the value of that lum or other reward fo
taken, percdvod, or promifed in form abovefaid, and (hall fuffer
imprifboment without bail or mainprife fix months, or lefs, by
thediicretion of the faid mayor and aldermen, and (hall be dis-
abled for ever to be fwom in any jury before any temporal
judge. (20) An^ over that be it enadted. That fuch defendant
or tenant, defendants or tenants in the fame attaint, (hall lofe,
forfeit, and pay to fuch ufe and behoof, as other penalties been
foiietted within the fame city, ten times the value of that fum
of money, or other reward by him or them fo given to any of
the faid petty jury ; and the uune defendant or tenant, defen-
dants or tenants^ fliall be imprifoned^ there to remain without
bail or mainprife during fix months, or lefs, by the difcretion of
the (aid mayor and aldermen. (21) And if any debts, dama- Remedies for
wsSy or cofts be recovered in any aAion whereupon fuch attaint the debts,
IS grounded, and by the fame attaint ^t b^ foupd, that the petty «>^»» ^ ^a-
f 4 juiy ™**^ "*
72
Anno undecimo Hbnrici VII.
[1494-
covered in the jury have given a falfe fcrement, that then for the recoteiy and
firft adion. reftitution of the fame debt, damages, and cofts, the plaintiflf or
plaintiffs in every attaint (hall and may have and fuean adtion
of debt againft the fame defendant or tenant, by writ, bill, or
plaint in every of the King's courts, wherein tnefame defen-
dant or tenant, and every of them, (hall not be received to do
J thi^?^miff ^^^ ^^^' ^^^^ ^^ ^^^^ *^^ ^ ^^ enafted. That if any plaintiff
be nonfujtl or ^^ plaintiffs in any fuch attaint commenced before the faid
the firft yer- mayor and aldermen upon any record remaining within the
diftbcaterm- lame city, therein be nonfuit, or if the firft ferement therein be
^^' affirmed, that then he or they ftiall have imprifonmeht, and
make fine by the difcretion 01 the mayor and aldermen of the
faid city for the time being, and that line to be and go to the
The **^>^' tpayor and commonalty of the faid city, f 23) And if there be
though one of ^^^ ^^ more plaintiffs in any fuch attaint oraained by this flatute,
the ^aintiffs and if any of them di& or be nonfuit, the other by this adl fliall
die.orbenon- be enabled to fue for the proceeding in the fame attaint; and
Aiit.orany of ^0^^;^ j^ftj^^ding the death of the defendant or tenant, dcfen-
®P« y)^ry* Jants or tenants, or any of the petty jury named in the fame
attaint, fo that there be two of the fame petty jury on live, the
The penalty fame attaint (hall not abate. (24) And alfo be it ordained by
ofthe gr^d ^j^^ {^^^ authority. That if any of the jurors of the faid grand
cJefeS^ J"^> impanelled and fummoned in form aforefaid, at the fum-
• mons make default, fo that the attaint remaineth to be taktn for
default of jurors, that then every of the faid jurors fo making
default, lofe and forfeit for the firft default xJ. «. and at the
fecond default v. li. and at every default after that x. li. (25)
And like procefs to be made and fued there againft the grand
jury, and the petty jury, and the party and parties, as is to be
made and fued in attaint fued at the common law, and that the
fame procefs be returnable at every huftings of common pleas;
(26) And that the attaint remain not to be taken after the firft
lummons returned for or by the default of the defendant or te-
nant, defendants or tenants, or of any ofthe petty jury named
in the fame attaint by this ad ordained ; (27) and that the faid
have the ilTues iffues or penalties forfeited by any ofthe faid grand jury, be for-
and penalties fgj^^ levied, and perceived to the ufe of the mayor and com-
monalty of the faid city j (28) and that no protedlion nor eftbin
be allowed In this attaint by this adl purveyed, (29) Provided
alway. That upon all attaints hereafter to be commenced within
the (aid city upon any record, wherein the trial and inqueft was
by half-tongue, that the faid mayor and aldermen (hall impanel
the grand jury in the fame attaint, the one half of ftrangcrs of
good feme, and of the fubftance of goods to the value of C. li.
and more, inhabiting within the fame city at large, and the re-
fidue of the fame grand jury to be of like value and fubftance of
goods impanelled ofthe citizens', as aforefaid. (30) And over
this, be it enafted by the faid authority. That no aft of attaint
of the petty Jury, made in this prefent parliament, nor nothing
therein contained, other than this prefent a<ft, nor other penalty
or puniftunent in any other a6t, than is afore contained in this
^ • •* prefent
The procefs
in attaint.
Defaults (hall
not ftay the
taking of the
attaint.
Who Ihall
forfeited.
Where the
attaint fliall
be taken per
ffiedietaiim
lingiut.
1494-] Anno undecimo HSNRICI Vlt. y^
prcfent afl, be hurtful nor extend to any jury or inqueithere- ^3 H. 8. c. 3.
after to be taken before any judge of and within the fame city. 37 H. S. c. 5;
CAP. XXII. .. ,
The feveral years wages of fcrvants in husbandry, viz. of the ^^ U ^
baififf of husbandry, chief hind, carter, ftiepherd, common Rep. jE1/c?4^
fervant, woman fcrvant, and child within xiv. years of age ;
and the feveral wages of artificers and day-labourers, with
meat and drinic, or without; and feveral times limited for
their work, meals, and fleep.
CAP- XXIII.
Tie felling of falmons and eels ; their veffelsj packings and
gauging of them.
WHEREAS at a parliament hoUen at Weftminder in the m Ed.4. «. s.
xxij. year of the reign of King ^vmrd the Fmrth^ among
ether things it was ena^edy ordained^ andeftahlijbed^ That no merchant The contents
f ranger nor denizen^ after thefeaft of St. Michael the archangel then of vcflek of
next comings Jbouldfellor put tojale anyfalmm by butt^ barrel^ half ?^**^' "j^
barrel^ or any other veffel^ afore it Jbould be feen^ except the fame butt ^^Lcd?'
Jbouldholdand contain ixxxiv gallons^ the barrel idij.gallonsy the half^ -
barrel xxj. gallons^ well and truly pachdy upon pain of forfeiture tor
every butt^ barrel^ and halfbarrel^fo lacking their fata meafure^ vi. s,
viij. d. (2) And that nofuch merchant^ being under thefaii King^s
obeyjance^ after thefeaft of St. Mkh^el, /hsuUfell or put tofale any
manner ofjabnon by butt^ barrel^ or other vejfef^ exc^t it/hould be well
and truly packed^ that is tofay^ the great falmon by it/ilf without med"
dh'ng of any grills or brof en-bellied falmon with thejame; (3) and
that aUfmall fijby called grills^ Jbould be packed by themfelves only^
without any meddlings upon painofforfeiture, and lofng V]. s viij. d.
for every butt^ barrel^ or half barrel^ contrary to thefaid ait meddled^
pactedy and put tofale : (4) and thatnofuch merchant nor other per^ ,^, '
fonflmldput any herring tofale by barrel^ demy-barrel j orfirkiuy ex-, ©f veflSs S
cept the fame barrel contain xxxij. gallons^ the half-barrel and firkin herrings, and
after the fame rate : (5) and that the fame herring JboUld be welly how they (hall
truly andjuftly laid andpackedy andJhouU be- of one time taking and ^ P«*cd.
falting ; and that the fame herring Jhould be as good and as*well packed
in the middejl and in every part of the fame barrel and other vejffels'y
as it Jhould be at any of the ends of the fame barrel and veffely upon
pain of forfeiting and lofing of iij. s iv.'d. for every barrely half
barret y anafirkiny fo lacking thtirfaid meafierey and alfo upon pam of
forfeiting and lofing ofi\], s. iv. A. for every barrely naif barrely and
firkin ofherringy contrary to thefaid aiifortedy layed or packed. (6)
Alfo that nofuch merchant or pailing-man fihuldfell or put to/ale ary '^^-Sy'^^*
eels by barrely half barrely or firkiuy except the barrel contain xlij. ^iJ^*ho«r
gallonsy the half barrel and firkin after the fame rate: (n) nor that they (hall be
any fuch merchant nor pailing-man fl>ould meddle any galoytteuy for- ^muBd.
veny or pyled eels with good eelsy but that the fame good eels Jhould be
well and jvflly packedy and fo fold by themfelves \ nor Jbould meddle
with the Jaid good eelSy nor put tojale any red eelSy upon pain offor^
feiture and lofing ofx. s. for every barrely half-barrely andjhiiuy Ji
lacking their Jaid meajiirey andt^on pain of lofing ofx. s. for every
barrel^
74
Howfiih
4aU bepack-
ibrfltesof
cities* '&c«
(hall appoint
Sogers of
li veflels.
The fereral
fees of the
ganger, pack
er.andfearch-
tr, appointed
Anno undedmo Henrici VII. U49^
harrdy haJf-harrel^ anifirhin^jh as afore/aid medJkd^ mii contrary
to the /aid a£t packed or put tojaU. (8) jthdtbat no fmrchant^ af-
' fir the /aid feqfty JbmldfeU nor put tojale any harrelUdfiJby except
tbejamefiflffioidd well and trufy be packed^ that is to fay^ the ude*
fi/oby toemfehesy and the fmaUfiJb^ called gutts^ by themfehesy with^
cut am meddling ofthefatdfnuul fijb with the great fijby and without
meddting and packing ofthohs and broken-beJued fijb with the fad
tde-ifi or fmallfi/h ; and that neither the tck-tijb nor finoR fijh
fiomi be laid double in packing ; and that every tate-fijb Jbmd contcun
in lengthy from the bomofthefin io the third joint of the tally xxvj.
inches at the leafti and that m napes (faUjuch barrelled fififiould
it mlonger than the little bone thathteth upon the great fat ; ami that
the bone of every fachfaltf/hjbomd be taken away unto the navel of
the Jamef/h i am that every fuch Js/h Jbould be fplatted dojsm to an
handful tfthe tail^ upon pain of forfeiture ofkfing iij. s. iv. d. for
every barrel offijb which front henceforth jhmd be found packed^
fartedf and meddledj napedy layed double^ or not bonei nor fplatted
accenting to the fold a^* {q) And alfo i^ efchewing of the common
hurts and deceits above renearfeds the faid late King ordained and
ena&ed by the faid authority ^ 'that aU mayor Sy baili/fsy and governors
of cities J towns f boroughsy markets y and ail other places jf this realniy
for the time beings where theyjhould be mayorSy bcuUjfsy andgover^
norSyJhouU have power and authority to name and choofe adifcnetand
oxpert perfon or purhnsy duly to fearch and gauge aufiuh veffels as
been above rebearfeoy that theyjhould be truly packed, and keep their
true meajure and q0ry aaording to the ordinances abovefnoy as in
theforefaid aH thereof made more plainly appeareth. ( i o) Andforaf
much as in the faid a£l no certainty is ^pointed hew much every fuch
ganger y packer y audfearcherfiould take for his labour in executing of
their faid officty they been their ownjudgesy and at their pleafures take
for tie fame gaugingypackingy and fearchingy by way cf extortiouy
fuch great fums of money as them likethy whereby the King^s truefub^
je&s are greatly mn^werifaedandwronged : ( 1 1 ) that it might there-
fofe ple^e the Kiagfs highnefs, by advice of the lords fpiritval
and temporal) and the commons^ in this prefent parliament
aflembledy and by authority of the fame, to confirm, ratify, and
eft^(h the faid a&, and every thing therein comprifed ; ^12)
and over that, by the fame authority to ordain and eftablith.
That every fuch gawer, packer, and learcher, take no more for
'gauging of a barrel-ulmon, barrel-herring, barrel -fi(h, barrel-
\ eels, hw'-^barrel, and firkin, for every piece io gauged, but a farth-
ing ; ( 13} and for his labour focfearching and packing, if it be
nm, of a barrei-falmon firom head to h^d, i. d. (14) and for
his labour for boning, napin^ and packing of a bairel-fifh, if it
be need, i. d. (15) and for his labour in ieardiing and packix^
of a barrel-herring, from head to head, if it be needful, ii. d.
(16} and for fearching and packing of every barrel of eels, ii. d.
and for fearching and packing of every (lalf-barrd of herring
from head to hcaid, i, d. and for every half-barrel eels fearching.
and packing, i. d. and for fearching and pacing of every firkin
of hearing) if it be needful) ob. (27) And Qi^cr that, that all
^ 6 and
1494*3 ^^ undcdmo HENltici VIL 75
and ev\enf tti6h gauger, fordid, and packer, that mbbehavcth Tbe penalty
oroffendeth in any thing concerning the fiud offices of gsuger, of a gauger»
fearcher aid oacker5 contrary ta this ad, and to proved brfore ^^"^Ji^^
any of the fiitd mayorsy baiMs, or governors of any city, town, Pj^<««n<»- .
borough, market or any other place within thia ttaim where he ^
or they be fo gaurars, packers, or fearchers, ganger, packer, or
fearcher, fiiall tofe and forfeit his faid office, and the fame ftota
thenceforth no longer to enjoy, any leafe, grant or grams there-
of made notwidiftanding $ ( 18) »d for further puniihment, to
have and faffer imprifonment by the fpace of foity days widiout
bail or mfinprife: (19) provided alwavs. That the faid Searchers and
fearcher and packer^ or any of them, ihall nothing loceive of Inkers, ^^
the faid fees by colour of their c^ce, but oi3y for A^h^f I^f T^-,
butts, barrels, hatf-barreis, and fktins, as by them fbail here- th^ take
after be fafficiently feaiched and packed, and be not afore fu£- puni.
iidentiy packed. This prefent adt to bc^n and take elfeft at
the fesA of Eajler next coming, and not afore. '
CAP. XXIV.
An attaint fhall be maintainable againft the party and petty ti H. 7. c. «•
jury : the procefs therein, the ability of the jurors, the pleas » H. s. c- n.
of the defendant and petit iury, and their punifluneat being ^ ^*^ ^^ **•
attainted. Panels returned by the (heriiF to enquire for the ^ift.Entt.9i»
King, may be reformed by the juftices. Lq/l continued bfb.'
iH.S.cii.
CAP. XXV.
Peijury committed by unlawful maintenance, embracing, oriaH.7.c.a«
corruption of officers, or in tbe chstncery, or before the
King's council, fhall be puniflied by the difcretion of the
lord chancellor, treafurer, both the chief juftices, and the
clerk cf( the rolls : and if the complainant prove not, or pur-
fuenot his bill, he fhall yield to the party wronged his cofls
2xii damages. To en^re to the next parliament. Exp. 5Bl.c« 94
CAP. XXVI.
)t fhall be lawful to everjr fherifF of the coun^es of Smthamptm^
Surrey^ and Suffix^ to impand and fummon xxiv* lawful men
of fttch, inhabiting within the precinct of his or thdr turns,
as owe fint to the fame turn, whereof every one hath lands
or freehold to the yearly value of x« s. or copyhold lands to
the veariy value of xiij. s. iv. d. above all charges within any
of the Taid counties, or men of lefs Ihretihood, if there beszP.
not fe many there, notwithftanding the fUtuteof x Ji.3.r.4« >9 ^7* c. i^
7i endtere to the next parliament. j Inft. i«4.
CAP. xxvn.
A renudf to avoid deceit ful Jleigbts ufed uponfuftians.
PRAYEN tbe commons in this prefent parliament aJTembUd^ That
whereas fuflians brought from the parts beyond the fea unjhorn
into this redm^ have been^ andjbouldbe tbe mift profitable ckth for
doublets and for other wearing cloths j gnatfy ufed among tU common
people of this realm, and longefl have endured of any thing that have
come
^6 AjinO undecimo Henrici VII. . [1494-
tmi into the. fiime realm from thefaid parts to that intent^ for that
the caufe hath been that fuch fu/hans afore this time have been truly
wrought and Jborn with the broad Jhear^ and mth no other inflru-
U lawftil de- ^^'^^^^ ^ other diceitfid mean occupied upon the fame ; (2) nowfo it
vice$ pra6Ufcd '^» ^*<^^ divers ^fons by fubtil (mi undue fkights and meanSj have
upon fu&isM.deceivabfy imagined and contrived in/iruments ofiron^ with tie' which
irons^ in the- moft higheft andfecret places of their houfes^ they Jlrike
and draw the feud irons over the faid fuftians ujifhorn ;' by means
whereof they pmck off both the nap and cotton of the fame fuftians^ ofd
break commonly both the ground and threads in funder^ and after by
crafty fleeking they make the fame fuftians to appear to the common pfo-
pie fine y whoUy and founds andalfo they raife up the cotton of fuch
fuftians^ and then take a ligkt candle andfet tt in thefuflian burnings
which fingeth and bumethixwc^ the cotton of the fame fuftian from the
one. end to tl^ other^ down to the hard threads^ injlead ofjbearing^ and
ctfter that put them in colour ^ andfofuitily drefs them^ that their falfe
work cannot be efpied^ without it be by workmen /hearers offuchfufti^
ansy or by the wearers of the fame j {3) andfo, byfuchfubtleties^ whereas
fufiiammadeindoubletSy orput to any other ufeywerewontandmighten-i
\\, dure the fpaceof two yearV and mqre^ will not endure now whole by the
Jbace of four months fear cely^ to the great hurt of the poor commons and
jerving men of this realm^ to the great damage ^ lofi^ and deceit of the
King's trueJubje^Sy buyers^ arid wearers of fuch fuftian : (4) for
remedy whereof^ b^ it enaded, ordained, and eitabliihed by the
King our fovereign lord, and the lords fpiritual and temporal,
. .and the commons, in this preferit parliament afiembled, and by
A remedy to authority of. the fame. That no fuch iron or inftruments, nor
avoid them, any other untrue fubtil mean or fleight be from hericeforth ufed
upon any fuftian within this realm, but only by the broad (hears,
(5) upon forfeiture of xx, s. to hie levied for every default of
every fuch perfon or perfons hereafter offending and uilng any
^. ^. , fuch deceivable inftruments or fleights, as is ak>reraid ; the one
The lord * half of the forfdtures to be to the Kitig our fovereign Lord, and
mayor and the other half to him or them that will fue for the fame forfei-
fhearmenof fures by aAidn of debt» bill, plaint, or information, in an^ of
London may the King's coiirts of record, where the fame may be determmed
fwch rtie oc- ^^ *^ courfe of the common law ; (6) and that the defend-
cupiers of iu- ^^^ in fiich behalf in no wife be admitted to wage his law, nor
iliansand that any protection or eflbin be in the fame allowable. (7)
clothj And over this, be it ordained by the faid authority, that the
mayor "or his Dfiayor and wardens of (hearmen of the city oi London fpr the
deputy^ &c. time being have authority to enter and fcarch the workman(hip
may make of all manner perfons occupying the broad (hear, as well fu-
fcaixh, ftians as cloth : and the execution of this prefent aft to be a^
39 El. C.13. ^^ji of denizens, as offorcigners and ftrangers.
Sta^
1496.] Anno duodecimo HENRtci VII. 77
Statutes made at Wejiminjiery Anno 12 Hen. VIL
and Anno Dom. 1496.
THE King our fivereign lord tichry the Sevinth after the cm^
queji^ by the grace rf God King (^England ana ^France,
end lord ^Ireland, at bis parHanunt helden at Wijlnnnjier theftk^
teenth day tf/" January, in the twelfth year of his retgn^ to the honour
of God and of holy churchy and for the common profit of the realm^ and
by the affent of the lords fpiriUud ^ temporal^ and the commons^ in
the faid parliament ajfembled^ andbyonthorityof the fame parliamenty
hath done to be made certmnftatutes and ordinancesy in manner and
form following. ♦
CAP. L
For worftedsy fayesy andfiaminSj Norff.
TO the King our f over eign Urdyprayen your commons in thispre^ Thcmakeri
fent parliament ajfembledy That where the common weal ^f^^^S^^^^^ vk
profit of your inhabitants within your county ^Norfolk, have in time ^ay take any
pajfed been by the due occupation of making of worfiedsy fayes^ and to be apprcii-
Jlamins^ which occupation now is like to decay y for as much as the OC" tlce.
aipiers of the- fame may not have any apprentice, but if his father may 7 ^4- c. jt
J^fpeni lands or rents to the value ofxx.s. lyyear, of which ability " "• 7- «• *'•
can few or none be had to be apprentice ; {%) jo that for Ifck ofappren-
tices the faid occupation is like to befet apart, and in time to come to be
utterly aeftroyed, which Jhould be the lofs of the common weal of
yourjatd county, and the impoveri/hing of the inhabitants of the fame :
(3) That it may like your Highnefs of your benign grace in
confideration of the premifles, by the aflent of your lords fpi-
ritual and temporal, and of the commons in this prefent par-
liament aflembled, and by authority of the fame, be enaift-
cd, ordained, and eftablimed. That every perfon of the afore-
faid occupation within your county of Norfolk, the which the The jnaken
four wardens of the faid occupation within your forefaid coun- of worfteds,
ty yearly chofen, (hall enable to keep a prentice, (hall by this ^^X^ F*^^-
prcfent aft be at liberty to take and keep at all times one or ^j^* may be
* two apprentices any perion or perfons hereafter put to the fore- enabled to
faid occupation, fo that he pafs not two at once at the moft: take any per-
(4) And in like wife hereafter every perfon (hall be at liberty fontobean
to put any apprentice to the aforefaid occupation : any aft or ^^j^c,*!"'
ordinance afore made to the contrary notwithftanding.
c A P. n.
The ftatutes ordained 11 H.'j.c.u^i^ 25. to re(farain riots and
peijury, continued until the next parliament. E X ?•
CAP. in.
A repeal of fo* much of the ftatute oi iiH. 7. r, 22. as touch-
eth only the wages of artificers, &c.
CAR
76 Aaoo duodedmo Henrici VIL [i4Qff.
C A P- IV.
.No (otfatxae ^ven by the Astute of .xiC.3. i.S. toudiing the
length and breadth of doth$, St^ be taken before the next
EX P. parliament. V^;
CAP. V.
For weights and mafures,
IT/HEREAS rfmibistim Oe Kii^ mr fivemm kri ioittii'
Tbewdjihtof W hig d)e €0mmM v^ rf Ms peopb 4md U OVM the grti^ di-
an Engimi ^ rf weights and me$funs hng tisnevfedwiMn Ms Us ualm^ coss-
^«' f ^ ^^ ^^ ^^/Mfr ^Ms^aChvta^ and f^bir ftatytn thereof
pound.agal- fMoe by £virs cf bis mUi progenitors^ 4U bts groat charge aeod ca(i
k>n,anda did do mate wetgbts andmoa/Sresofbrafs aecording to ddftmndards
h«^«l. ibereofremmning within bis treafury : (2) and/or tbat^tbatonewei^t
II IL7.C.4. andonemoqfifre/bonldbou/idtbrougbout tbjsbisreabn^ in avoiding of all
fraud and difi^d in that beba^^ it was at the kfi farUament^ bolden
the xiy. day of O&oher in tie xi. year of our fatd fovereign lords
reign J ordained^ That tbejaid meafures and weights ftmld be deSver-
ed to the knights and citizens of every ftnre and city affenMed in the fame
parliament y barons ofthefveportSy and certain ourgeffes of borough
taumsyfurelyh them to be conveyed to eertain cities^ boroughsj and towns
' fp^fifrd in afcheduk unto the fame a(f annexed^ thfre to remain for every
to the intent in the fame aSmpre largelydeclared : (3) which weights
and meafures upon more diligent examination had Jit h the nutking of
» the faia Batutey been approved defe^tvoy and not made according
to the Old laws andficUutes thereof ordained within thefmd realm :
i4) wherefore the King our fovereign lord, by the aflq^it of his
brds fpiritual and temporal, and the commons, in this prefent
The meafure P^^l'^nicnt ailembled, and by authority of the fame, ordaineth,
of a bolhel, a eftabliftieth, arid enað, that the meafure of a bulhel contain
giUon, a viij. gallons of wheat, and that every eallon contain viij. li. of
pound, an whoit of Troy weight, and every pound contain xij, ounces of
fleriSc * ^^ weight, tod evciy ounce contain xx. fterlings, and every
^' ftcrling be of the weignt of xxxij. corns of wheat that grew in
the midft of the ear of wheat, according to the old laws of this
rr Ed. I. land. ' (5) And that it pleafeth the King's Highnefs to make a
The weights ftandard of a bufl)el and a gallon after the faid affifc, to remain
ISilitofi^rlll ^" ^'^ ^^ treafury for ever 5 (6) and from henceforth the faid
cities,&c.by ^^"^ bufbcls and gallons, lately fent forth, be not u&d nor oc-
theltatuteof cupied for no meaifures, but that they be fent again unto the
11 U.7.C.4.. King's receipt by the feaft of IVhitfuntide next coming, at the
tiv?^flwU*be ^^^* ^^'^ charges of the faid cities, boroughs, and towns, hav-
broken?and ^^ ^^ ^^^ bufliels and gallons, in keeping, upon pain of
' new fent. x. li. to be forfeited to the King ; f 7} the fame bufliels and
gallons, fo fent again into the Kinrs receipt, to be broken,
and with the ftqfF and metal oi the tunt buihels and ^-
lons, other new bulhels and eallons, by the advice of the
treafurer and under-treafurer cA England for the time being,
- before the fqaft of AH Saints next coming, to be made and
fized accordjing to the faid bufliel and galbn, which by this
prefent a6t is ordained to be new made, and to remain m the
.uid treafury, at the cofts and chaz^cs of the fame cities, bo«
roughs.
1496.] Anno diiodedmo Hbnricx YU. 79
roughs, and towns. (8) And that «yery city, borou^ and
town witfiin this realm, which now have, or mould have bad,
by reafon of the faid aft made in the faid eleventh year, any of
the faid new buihels or gallons do convey and carry, before
the feaft of St. Andrew next coming, inta every of the fiime ci-
ty, borough and town, a bufhel and a gallon newly to be made
as is afbre faid, at the cofts and chaiges of the fame city, bo-
rough, and town, there to remain ; (9) and all other bu(hek,
gallons, and meafiires, which be to be made after th^ form by
this a£t ords^ined, be marked and ordered after the form and
efieA of the find aft made the laid eleventh year ; ( 10} and in
the mean fealbn to ufe fuch bufliels and gallons, as have been ufed
hft afore the coming down of the fiud new buihels and eallons,
and before the making of the fiad ftatute in the iaid eleventh
year ; (n) and that ail penalties in the firft aft exprefled be of
none effeft until die feaft of CandbmaSy which (hail be in
the year of our Lord God M.CCCC,XCVn. and after the fame
feaft die fame aft made in the fame eleventh year to ftand in full
ftrength, with his penalties, upon the fiud bufhds and gallons
new to be made, as it ftiould have done upon the faid new bu- '
fhels and gallons made afore the making of this prefent aft, if All other ba-
this aft had not been made. (12) ifnd that it be ordained j*»«^«*nf,f^-
by the fiud authority. That after the faid new bufhels and gal- ^^l^^y^ ^
Ions be made accoraing to this prefent aft, that all otfier bumels
and nllons of brafs, remaining as well in the faid treafory, as
in all other places ofEngkmdy be before the feaft ciChrtflfnas *
next coming damned and broken, upon pain of xx.Ii. to be le-
vied upon every city, borough, and town, or any other place,
having the keeping of the common meafures, that keep ftill any
other bufhel or gallon unbroken and not damned, of brafs, than
is ordained to be made by this prefent aft. *
CAP. VI.
Msrcbants adwnturers.
TO the diftreet eommons in ibis frefent parliamint effenAlid^ A petition of
/bewetb unto y$ur difereet wifdms the merchant adventurers in- certain mer-
haUtsng and dwelling in divers farts cfthis realm ^Enjgljmd out ^/^chanu «dvcn.
the city ^London, that where they have their free pajage^ refert^ ^wtoFfhe
eourfe and receurfe with their goods y wares^ and mercbandifes into dty of Lon-
divers eoafts and parts beyond the fioy as weU mto Smxij Portugal, don.
Britaign, Irdand, Normandy, France, Seville, Venice, DanSce,
Eaftland, Frifeland, and other divers and many pkueSy regicnsj and
iountriesy being in league and amity with the Rng ourjivereipi iord^
there to buy and/ill^ and make their exchanges with their fatd goods,
wareSy and mercoandifesy according to the kno and ci^om ufed in eve-'
ry of the faid regions andplacesy and there every perfon freely to ufe
themfehes to his mofi advantage y without exaitionyfiney tmpofttiony or
contribution to be bad or taken of them or of any of them, tOyfwr or by SyeryEnirlifli*
€mj Rnghfb perfm or perfons ; (2) and in femblable wife they before man ibaUbave
this time heme hady ujedy and of right owen to have and ufe their free frccrecourfe
pajagey rjfirt and recourfe into the coafts of Flanders, Holland, J^;^^',^
Zcahnd, Brabant, and other places thereto nigh adjoiningy under the
obcy^
So i\otio duodecimo HsNRici VIL [ 1 496.
without cxac- lAeyfanCf ^the, archduke ^Bui^goign, in which phuts tbeumverfd
taST ^^ b^ ^"^^^^ (ommonh kept and holden four tinges in they ear j (2) to which
Engliih ^T ^'^''^^ ^^' ^"8^^^^^^ /7/ri divers other nations, in time paft have
tcrnity. ' ufed to retort, there to fell and utter the commodities, of their countries,
*Afcllowflup ^/'"^^h^^.^^i^^^J^^f^^^i^^f^^^^^ them mcjl neceffary and
* of London expedient for ^ir profit, and the wed of the country and parts that
made an or- they be cofnefrom $ till now oflat/t', that by thefellcwjbip of the mer*
^*"» fj^at none ^^^^ Qf^ Hher nurAants and ^df/enttirers dwelling and being free
fen at a mart ^^^^^ t^ ^'(V £/* London, .^ confederacy made among themfavesy
without their ^f their incharitM and inordinate covetife^ for their fmgular profit
confent. and lucre, contrary to every^ £i\gli{hman'i liberty, and to the Uberty
of the fend mart there (which is, that every perfon of what nation
that he be ofjbould have their free liperty there to buy, fell, and make
the commutations with the wares, goods^ and merchandifes at their
pieafure) have, contrary to, all hw^ reafon, charity, right, and
eonjcience, among themfelves, to ihepr/judice ofallEng^iOMncn, made
an ordinance and confiitution^ that is to f<^y. That no £ngli(hman
reforting to the faid marts, fl)(ill neither buy ne fell any goods, wares,
or merchandifes there, except he firji compound and make fine with the
faidfellowjbip, merchants ofhonAon, and their laid confederates, at
their pieafure, upon pain of forfeiture to the faid fellowjhip of mei-
chants of London, and to their confederates, offuch merchandifes.
The firft co- i^^ds, or wares, fo by him bought or fold there-, (j\.) which fine, im^
lour 6£ tMng pofition and exahion at the beginning, when it ^asfirfi taken, was
the fine. demanded by colour of a fraternity of Saint Thomas tf/^antcrbury,
at which time thsjaidfine was but the value of half an old noble
Jierling,^ and fo by colour of fuch feigned boUneJs, it hath been fuf-
feredto be taken for afewyearspajfed-, and after.it was increafed
to an C. s. Flemifti j cmd now it tsfo, that the faid fellow/hip and
merchants of LonAovi, take of every Enclifhman or young merchant
being there, at his firfl coming, xx. li. flerlingfor a fine, to Juffer
him to buy and fell hts own proper goods, wares, and merchandijis
The enormi- that he hath there; (^) by occa/ion whereof, all merchants not being of
^^11^^^^^' the faid fellowft>ip and confederacy, withdraw themfelves from the
thlmerchJIiuf^^^ ^^''^^y whereby the woolen cloth of this realm, which is one ef
of London, the great commodities of the fame, by making whererfthe King*s true
fubjecfs be put in occupation, and the poor people have mofl univerfaliy
their living, and alfo other divers commodities of divers and feveral
parts of this fame realm is not fold ne uttered as it hath been in times
paft ; but for lack of utterance of the fame in divers parts where fuch
cloths be made, they be conveyed to London, where they be fold far
under the price, that they be w&rtb, and that they cofi to the makers
. of the fame, and atfome times they be lent to long days, and the mo-
ney thereof at divers times never paid-, (6) and over that, the com-
modities and merchandifes of thofe parts, which the faid feUowfbip,
tnerchants of London, and other their confederates, bring into this land
is fold to your faid complainants, and other the King's true fubjeSts,
at fo dear and high exceeding price, that the buyer of the fame cannot
live thereupon', by reafon ivhereof all the cities, towns, and bo*
roughs of this realm in efifc^ befallen into great poverty, ^ ruin, and
decay, and as now in manner they be without hope of comfort or relief,
- and
^49M Anno duodecimo Henrici VIU 8 1
and the Kin^s cuftcms andfubfidies^ and the navy of the land great-*
ly dicreafed and minijbedy and daily they be like more and more te
decay y ij due reformation te not had in this behalf : (7) Be it
therefore cnadted by the King our fovereign lord, by the ad-
vice and afletit of the lords fpiritual and temporal, and the
commons, in this prefent parliament aiTembled, and by autho-*
Zealand, Brabant^ and other places thereto iligh Adjoining, ^J^^*^.
under the obeyfance of the faid archduke, to the marts there aaionsottfaa
hereafter to be holden, with his or their merchandifes, goods, fraternity of
and wares, there to buy and fell, and make, their exchanges Londoners,
frcdy at his or their pleafure, >Vithout exaction, fin^, impofi-
tion, extortion, or conttibufion to be had, levied, taken, or
perceived of them, or any of them, to, for, or by any Englijh
perfon or pcrfons to his or their own ufc, or to the ufe of the ,
faid fraternity or fellowfhip, or of any bthei; like, except only x.
Mark fterling ; (8) and that no perlon Englijhy as is afore re- No Eiiglifli-*
hearfed, hereafter take to his own ufe, or to the ufe of the faid "^*" ^^i tak«
fraternity or fellowfhip there, of any other £/r^/(/!r perfon, of®]^*^^^?'^^
what eftate, degree, or condition that he be of, fo alway that &c. for hili*.
he be the King our f<Wereign lord's true liege man, any fine, beity to buy
exa<£tion, impofition, or contributioil for his liberty or freedom, *"d ^^^*
to buy and lell any goods, wares, and merchandifes, in or at
any of the faid marts, more or above the fum of ten mark.ftcr-
ling only, upon pain of forfeiture to our faid fovereign lora for
every time that he doth the contrary of this afl, xx. li. and
alfo to forfeit to the parties grieved in this behalf ten time$ fo
much as he contrary to this pfefent a6t taketh of him j (^) and The remedy
that the parties fo grieved (hall have in this behalf an adiiort of of.thepart/
debt for the faid forfeiture of ten times, in any of the King's ^P^^ ^^
courts within this realm, bv writ, bill, plaint or information ; fo^itare/
and fuch procefs to be made in the fame, as is or ought to be
made in or upon an adion of debt at the common law ; (10)
and the trial thereof to be had in fuch (hire, city, town, or
place where the faid adtion is Commenced or fued; (11) an^
that the defendant in any fuch action be not admitted to wage
his lawy (12) nor none eflbin nor prote<5tion be for fuch defen-
dant admitted or allowed in that behalf.
CAP. VIL
Of murder.
WHERE abominabli and wilful prepenfed murders be by the law
of God and of natural reafon forbidden y and an to be efchew^
ed\ yet not the lefsy many and divers unreafonable and deteJlabU
perfonSy tasking grace ^ wilfully commit murder y to the high dtfplea-
fare ofOody and contrary to all the laws abovefaidy (2) and more-
over againft their natural and obliged duty^ wilfully commit prepenjed
murdeTy in flaying their majler^ or their immediate fovereign^ under
whom be or they bcy or owe obedienccy in tntfl to efchew the peril and
Vol. IV. O executim
%i Anno decimo nono Henricz VII. [1503-
ixecutm efthe law by the benefit $/ their clergy: (2) in bcpe whereof,
of late one James Grame, late ^Londoh, yeoman^ wilfully ajfent^
id andprepenfed the murder of one Richard Tracy gemleman^ then his
tnajler, by him and his prepenfed ajfent^ the ninth day of FthniBTy lafi
James Graine the right perilous enfampU of other evil difpofed: fj^) Wherefore,
« "h**!dT *"^ inavoiding of hkemifchiefs toenfue,by the aflent of the lords
^hkmato^ flP^ritual and temporal, and the commons, in this prefent par-
' liament afleihbled, and by authority of the fame, be it cnaft-
ed. That the faid James Grame^ for the murder of tiie faid
Richard Tracey his late mafter, be attainted of the faid murder
as a felon that hath offended in pettv treafon ; and that the fame
Jamesy for the fame murder, fhall be drawn, and hanged in
fuch manner and form, as by the law of this land hath been
ufed in fuch cafes, as perfons being no clerks, doing like mur*
N 1 oerfim ^®^' ^^^^ ^' ought to be puniftied, any privilege othis clergy,
whic^ioiSi ^^ ^'* demand of the fame notwithftanding. (5) Alfo be it
purpofelv ordained by the faid authority. That if any lay perfon hereafter
siurder nis prepcnfediv murder their lord, mafter, or fovereign immediate,
<h*u^h* ^^hi **' ^**^y nereafter be not admitted to their clergy j (6) and
dereyf ^* ^^^ convidKon or attainder of any fuch perfon fo hereafter
3) H,8.c.i. offending had after the courfe 6f the law, that the fame perfon
1 £d«6«c.xi. be put in execution as though he were no clerk.
Statutes made at Weflminfterj Anno ig He's. VII.
zxiA Anno Dom. 1503.
HENWCUS Dei gratia Rex Anglia, & Franciae, & Dominus Hibcrnix,
vicecomiti Eflex falutein. Precipimus tibi firmiter injungentes quod in
finguHs locis infra balliTam tuam tarn intra libertatesquam extra ubi mngn
expediens videris, publico pix>cIamationes quonindam ilatutonim & or-
dinationutn in ultimo parlianiento noftro audtoritate ejafdem pariiamenti
editorum fieri facias in forma fequesti.
THE King our fovereignhrdHtTiry the Seventh aftfr the conquefiy
by the grace of God King ^England and ^France, 'and
lordof Ireland, at his parliament holden at Weftminfter the ftxteentb
day tf/* January, in the ninteenth year of bis reign^ to the honour of God
and holy churchy and for the common weal and profit of this his realm ^ by
the affent of the lords fpiritud and temporaly and the commons^ in the
faid parliament affembled^ and by authority of the fame parliament ^
bath done to be made certain Jlatutes and ordinances^ in manner and
form following.
CAP. I.
For attendance upon the King in bis wars.
Stat. II H.7. \)[7^^^^ '^ '*' parSament holden at Wefbninfter the xi. jear
C.18. W of the King our fovereign lord's reign^ for good and reafon-
What he Aall able confiderations in an a& of the faid parliament contained^ it was
S'otb n^ a? ^^^^^ h thefame^ That att perfon andperfons being within this
realm-
^5^3'^ Anno decimo nono HENkici VII. 83
riabn£fEn^vjiA9ryf7Ac&^having$ffic£5^fie5oranmiiie5ofthiKw^^ tend upon the
giftianigrantu anddidmtgive tbeir attendance upon tbi King's High - J^>ng"nhu
nefs when he fiould fortune to go in wars in his perfin^ in their perfons as whcnbc^s 'in
their duty bindeth them in that behalf ^that then they and every ofthem^ perfon in
mating thereof default /the Ki^^s fpecial licenu not had^ or elfethe wars.
faid perfon or perfons having fiuh unfeigned ftcltnefs^ letting or dif- ^^0.27.
eajr) that he or they after &i proof of the fame^ ft>ould forfeit and
leefe ththr faid offices^ fees and annuities^ and the fame tofland void
at the Kittfspleafurey as in the fame adi more at large it is contained :
(1) Andforafmuh as divers <md many perfons^ having of the Kings's
gifts and grants many honours^ hrd/bipSy ca files ^ manors^ lands j te^
nemmtSy and other poffejfions and hereditaments^ by reafon whereof
they are more bound to give their attendance upon the Kin^s mofi royal
p^on in his faid wars^ than other rebearfed perfons biaving butfees^
offices and annuities for term of life ^ as well J or the defence of his
meft royal perfonj as for the defence of this his reabuy which was at
tSat time by overfight omitted and left out of the faid a^ : (7) Be it
therefore enaded, ordained and cftabfilhcd, by the advice of Whofoevcr
the lords fpiritual and temporal in this prefent parliament af- ^^ uTOnVhc
fembled, and by authority of the fame, that every peribn or KinzWngin
perfons having or occupying, or that hereafter ihall have or oc- perion in
cupy any honours, caftles, lord(hips, manors, lands, tene- J^*'^* ^**1
meats, suui other pofleffions and hereditaments, by reafon and 3$ he hath ot*
virtue of the letters patents of the King our foveceign lord that the Kang^^
now is, now given, granted and^nade, or hereafter t9 be given, gHt.
granted and made by our £iid fovereign lord, and give not
their daily attendance in their perfons upon his Highnefs when
be IKall fortune to go in wars, within this his reSm or elfe-
where, for any urgent, or any other reafonable caufes, in his
perion, for the honour or furety of the fame his perfon, and the
defence of this his realm, and againft his enemies or rebels
within the fame realm or without, for the reprefling and fub*
duing of them and their malicious purppfe, and well and truly
according to the duty of their allegiance to ferve the King in
his £ud journey and voyage, and to give their attendance upon
his grace in the fame, and not for to depart without his fpecial
licence in writing under the King's fign manual or fignet, or
under his great ieal or privy feal, or elfe till after general pro-
clamation be made, that they (ball depart, or elfe the Cud per-
fop or perfons having fuch unfeigned ficknei&s, letting or dif-
eafe, that he or they may not in their perfons come to do their
perfonal attendance and lervice^ and that duly proved, that then
all fuch letters patents, gifts and mnts, ana all things in them
contained, be utterly from hencoorth adnulled, void, and of
none eficft, and at the King's plcafurc. (4) Provided, That From what
all fuch pei^ns fo giving attoidance, (hall have the King's wa- !|j^j^ *°^ "U*
ges from the time of coming from his houfe toward the King^ eve^ fuch"al-
when they come to the King, and from the King home aeain tendant in
at the time of their departing, after the rate of xx. miles for a wars (hall be
day, and while they be with the King's grace to have alfo the K*** Vf^llr
King's wages. {5) Provided alfo. That this ^ extend to no fo^'XlU-
G a fpiritual
84
tute (hall not
extend.
Dy.tii.
REP.
3 H.8. CI 3.
^H.8. C.13.
ft5,H.8. C.17.
33H.8. c«6«
The coins of
gold and di-
ver cur-cnt
within this
realm (hall fo
continue for
the fums that
they were
coined.
Anno dccimo nono Henrici VIL [150J.
(piritual perfon, nor to the malller of the ^ rolls, nor to none
other officer, and clerks of tlie chancery, juftice of either
benches, barons of the King's Exchequer, and other officers
and clerks of the faid places, the King's attornies and follici-
tors, and the fexjeants at law, nor to the clerk of the King's
council for the time being, nor to any perfon being above me
age of fixty years, nor to any perfon being within the age of
twenty one vears, nor to any grant or patent of any ward or
idiot, or cuftody of the fame, nor to any heirs females inherit-
ed by reafon ot any fuch grants. (6) Provided alfo. That it
extend not to any patents, nor lands or tenements comprifed in
the fame, the wnich patents make mention, that any srant is
made by the King of fuch lands for certain Aim or mms of.
money contained in the fame letters patents.
CAP. n.
No cuftom /hall be paid for good bow-ftaves brought into this
realm until the next parliament.
CAP. III.
Theftatuteof 11 H.'j.c. 24. which giveth an attaint in certain
cafes, continued until the next parliament.
CAP. IV.
No man (hall (hoot in'a crofs-bow without the King's licence,
except he be a lord, or have two hundred mark land,
CAP.V. .
Coin.
THE King turfovereign hrd^ feeing evidently that his coin^ and
fpecially offifver^ is fore impaired^ as well by clipping thereof^
as counterfeiting of the fame ^ and by bringing into this *his realm of the
coin of Ireland, by octafion whereof great rumour and variance dai-
ly increafcth among his fubje^s for taking and refufmg of the fame :
(2) for ceafing and pacifying whereof, and for the univerfal
weal of this his realm, by the advice and adent of his lords fpi-
ritual and temporal, and the commons in this prefent parliament
a({embled, and by authority of the fame, hath ordained, efta*
bli(hed, and enacted. That all manner of gold of the coins of
a fovereisn, half fovereign, ryal, half ryal, and the fourth part
of a ryal, the angel, and the half angel, and every of them,
being gold, whole and weight, (hall go and be current m pay-
ment through all this his realm for the fum that they were
coined for. (3) And alfo that as well all manner groats of
Englijh coin, and of the coin of other lands now current in this
realm for groats, or for iv.d. being (ilver, and not clipped,
m]ni(hed, or .otherwife impaired, except rea(bnable wearing
(albeit they be cracked) as all manner of half groats, or pence
of ij.d. of Englijb coin, or of the coin of other lands, now
current in this realm for half groats, or for ij.d. not clipped,
minifhed, or otherwife impaired, being filver (howbdt they
be cracked) (hall in likewife go "and be current through all the
fame realm for the fum as they were coined ibrj (4/ Aod
over
15^3 •) Anno dedmo nono HenRici VII. g^
over that. That all manner of pence being filver, and having What pence
the print of the King's coin, Ihall have courfe, and be current A^allbccur-
for payment, as well to him in all his receipts, as to all his [hrs^j^Im
receivers, and to all other lords fpiritual and temporal, and what not.*
their receivers, and to all other within this his realm, without
any manner refufal or contradidtion ; except only pence bear-
ing fpurs, or the hiuUet, betwixt the bars of the crofs ; and thofe
pence fo bearing the print of the fpur, or the mullet, to have
courfe for half d. and not above. (5) And if any peribn here- The penalty
after refufe any coin afore rehearfed, to take it in payment after of thofe that
the effe<a and the tenor of this afi, that then he that fo rcfufeth ''«f"^« *® ^^
it (hall be compelled by. the mayor, fheriiF, bailiff, conftable,^Snnnpayr "
or other chief officer or governor of the town or place where ment.
any fuch payment (hall be refufed, to accept and take the fame
payment, (o) and furthermore to be imprifoned, or other wife
puoi(hed by the difcretion of the faid mayor, (herifF, bailiff,
conftabIe,or other chief ofHcer or governor afore rehearfed. (7)
And if the faid mayor, (hcriiF, bailiff, conftable, or other chief !^^* P?"?'^
officer or governor refufe to take any fuch coin in payment, as ficcr rcfuft* to
it is above rehearfed, that then he fo refufing the faid payment, take any of
to be compelled by the juftices of the peace of the fame coynty the faid coins
where fuch payment (hall be fo refufed, to accept and take "* payment,
the fame payment, and he fo refufing the fame, to be further
punifhed for the faid refufing by the difcretion of the fame
jullice* (8) And alfo it is ordained by the faid authprity, That Money clip-
all manner of groats and half groats, or pence of ij, d. as well Eng-- ped or dimi-
li/b coin, as coin of other land's, clipped, minilhcd, or otherwife n'^«* ^all
impaired, except reafonable wearing, (hall not go nor Ije in hj^laymenu^
any wife current for payment within this realm, but utterly to
be refufed and forfaken in payment from henceforth : (9) And How any per-
that notwithftanding it (hall be lawful to any perfon having any fen may ufe
fuch groats or pence of ij. d, clipped or mipifhed, to bring the money that w
fame to the King's mint, there to be changed after the cuftom mwuSicd!.^
of the fame mint, or convert the fame into plate, bullion, or lyR.^.c.x,
otherwife fell or imploy it to his moft profit and advantage
within this realm, any other a<ft or aAs to the contrary in any
wife notwithftanding. (10) Ar^d in efchewing and avoidingA remedy to
of fuch dtppipg in tin>e to cpme, the King our.fovereign lord, pwent dip-
bv the advice of his council, hath caufed to be made new coins co?if
of groats, and pence of ij. d. and that every piece of the fame
coins (hall have a circle about the utter part thereof; (11) and
alfo that all manner of gold hereafter to be coined within this
his realm (hall have the whole fcripture about every piece of
the fame gold, without lacking of any part thereof, to the
intent that his fubjedls hereafter may have perfeft knowledge
by that circle or fc ipture when the fame coins be clipped or
impaired. (12) And alfo it is enabled by the faid authority.
That if the warden and controller of the King's mints hereafter
duly execute not their offices in fearching the fame coins, and
fee that it be made perfeft in form aforefaid, before that it pafs
from the faid mint, that then the fame warden and controller
G3 (hall
85
No money,
plate, or bul-
lion (hall be
carried into
Ireland above
vi.s. viii.d.
9 £d.3.llat.s.
c.i.
5 R.i.ftat.i.
a H.4 C.5.
No Irifh com
of gold or fil-
vcr (hall be
brought into
England.
Several evil
pradice$ uied
oy pewterers
aiid braiiers.
Anno decimo nono Henrici VII. [1503.
(hall forfeit their faid office, and make fine for the fame at the
King's pleafure. (13) Morebver it is enafted by the faid
authority. That no manner of perfon ftiaH carry nor convey,
nor caufe to be carried or conveyed, out of this realm, any bul-
lion, plate, or coin of gold and filver into Ireland^ over and
above the fum of vj.s. viij.d. nor convey any fiich bullion^
plate, or coin into any (hip, boat or other veflels to the faid
mtent, upon pain to forfeit the faid buMion, plate, or coin, and
to have imprifonment, and make fine and ranfom at the King's
will : (14) And in like wife. That no manner perfon bring nor
convey, nor caufe to be brought nor conveyed, any manner of
coin of gold or (ilver above the fum of lii. s. iv. d. of the coin
of Ireland into this realm, upon pain of forfaturc of all
the fame coin above the faid fiim of iii. s. iv. d. fo brought into
this realm, and to have imprifonment, and to make fine and ran-
fom at the King's pleafure ; ( 15) and that it (hall be lawful for
every of the King*s fubjefts to take and feife all fuch money of
the coin of Irelandy hereafter to be brought or conveyed into
this realm, over and above the faid fum of iij. s. iv. d. and to
bring it to the King's mint, there to leave the fame to the
King's ufe ; (16) and every perfon that fo (hall bring any (uch
Irijh money to the (aid mint, (hall have the value of the one half
of all fuch Irijb money by him fo brought to the faid mint at the
fame time delivered to him to his own ufe by the mafter of the
mint for the time being.
CAP. VI.
Pewterers walking.
TO the King our fiver eign lord^ and to the mile lords fpiritual
and temporal^ and commons^ in this prcfent parliament af-
fimbledy humbly and lamentabfy Jhiwn and complain unto your mofl a^
hundant grace^ your humble fubje^s the pnuterers and irajiers o/your
cities of Londcm and York, and of all other places of this yatr rcabn^
That whereas many/imple and evifdifpofidperfins 0/ this your realm of
Englandj't^^ the faid crafts^ daily go about this your realm from vil--
lage^ from torvn^ andfropi houfe to houfe^ as well in woods andforeflsj
and in other ptace^^ to buy pewter anabrafs ; (2) and that knowing
thieves and other pickers thatjieal as well pewter and brajs belonging
to your Highnefsy and under your marky and to the lords fpiritual and
temporal^ as fo other your fubje^s of this your reabn^ bring fitch flo-
ten veffels unto them in fuch hid places to fellj and fell it for Uttle
or nought^ and about they bring it into privy places or into corners of
cities or towns^ and there fell much part of it tojirangers^ which
carry it oyer thefea byfieaUh: f 3) alfo the faid perfinsfo going abouty
and divers other ujing the faid crafts^ ufe* to make new veffels^ and
mix good metal ana bad together y and fnake it naughty and fill them
for good fluff 'i where indeed the fluff and metal thereof is not worth
the fourth part that it is fold for^ to the great hurtj deceit j and
lofs of your fubjeHs : (4) a^o divers pcrfins ufmg the faid crafts^ have
deceivable anil untrue beams and fiales^ that one of them would
fland even with twelve pound weight at one end again/! a Quarter "of
pound at the other end^ to thefingular advantage of ihemjelves^ and
' ■ ■ ' ' ■■ ' • to
1 503 0 Anno declmo nono Henrici VIL S7
io the great deceit and h/s 0/ your fidjeHs^ hiyers and fillers with
them, ( c) For reformation of the premises, it would pleafe
your highnefs of your moft abundant grace, with the advice
of the lords fpiritual and temporal, and the commons in this
prefent parliament aflembled, and by authority of the fame,
to enaft and eftabliih, That no perfon or perfons uting the faid
crafts of pewterers and brafiers, from henceforth (hall fell or
change any pewter or brafs, new or old,, at any place or places
withm your realm, but only in open fairs or markets, or in
their own dwelling-houfes^ but if they be defired by the faid i
buyers of &ch ware, upon pain of forfeiture to our fovereign
lord the King for every fuch defeult x. li. (6) Alfo that by the
lame authority it may becnaded and eftabli(hed. That no per-
fon ne perfons, of what condition or degree foever he or they
be of, from hencrforth within the faid cities of London and
Yoriy or without, either caft or work any pewter veflel or brafs
at any place or pjaces within this' your realm, but that it be as
good fine metal as the pewter and brafs caft and wrought after
the perfeft goodneis ot the fame within the city pf £A«^ir, Ofwliatgood*
and by the ftatutes of the fame ought to be, upon pain of for- n«J pewtwr
fciture of all fuch pewter and brafs To caft and wrought of worfe ^ Ij^'^^p
pewter or brafs than ought to be wrought in the fame cities ; ^"^ ^ *
that Vme half of every fuch forfeiture to be to the ufe of your
highnefs, and that other half to the ufe of the finders tliere-
ofT {7) Provided alway. That this forfeiture in no wife
ftretch ne extend to brafs or pewter being in the poflefTion of
any perfon other than the workers of the fame, or fiich as have
the fame to fell, and being of the crafts or myfteries. (8) Of what afllfe
Alfo. that it may by the fame authority be enaAed and efta- hollow ware
blifhed. That no manner perfon or perfons, of what degree roaScofW-
or condition foever he or they be of^ from henceforth make metal ihallbc.
no hollow wares of pewter, that is to fay, falts and pots that
arc made of pewter called Ley-Metd^ but that it may be after
the aflife of pewter ley- metal wrought within the city of London ; The makers
(9) and that the makers of fuch wares (hall mark the' fame ^a*j f«^ on
wares with fevcral marks of their own, to the intent that the xh*/ forfeit
makers of fuch wares (hall avow the fame wares by them (^s ture for de-
abovefiud) to be wrou^t; (10) and that all and every fuch faults.
wares not fufficlently made and wtought, and not marked in 'The jpenalt^
form abovefaid, found in the poflefTion of the fame maker or f^jf^b^f
fclkr, to be forfeited ; ( 1 1 ) and if the fame ware be fold, the faid and wcf^s
maker to forfeit the value of the fame ware fo unlawfully in feiling: or
wrought and fold; the one half of the faid wares, or the moiety buying of
of the value thereof, to be to the ufe of your highnefs, and the P!!J^^
other half to be to the ufe of the finder or finders, or fearchers
thereof. Alfo that it may be by the fame authority enadt-
ed and eftablifhed. That if any perfon or perfons hereafter
uiing, buying, and felling of pewter or brafs, that* hereafter
occupy any deceivable or falfe beams or weights of the faid
wares, that every fuch perfon or perfons ufing or occupying
&ch detteivable and untrue beams or weights, to forfeit xx. s.
G 4 tb^
6
8S Anno dedmo nono Henrici VIL [ 1 503.
the one half to the Kin^, and the other half to the party that
therefore (hall fue by adion of debt ; (12) and that in the iaid
aAion no protedion nor efibin (hall be allowed $ and alfo the
faid party (b offending (hall forfeit his beams to him that Oiall
The puntdi- feife it; (13) and if the faid offender or offenders be not fuffi-
nicntofthc cient to pay the faid fum or fumsby them fo forfeited, that
bf n"ot [ble to ^^^ ^^ ^«" ** '*^«^ *^ *^ mayors, bailiffs, or other head
pay the roo- officers of fuch place or places where any fuch offender or
ney forfeited, offenders (hall be found, to put them in the flocks, and them
f fo to keep till the next market-^day next adjoining, and in the
maiket-pUce to put them in the pillorv all the market-time.
(14) And furthermore. That it be lawful by the faid authority.
That the mafler and wardens of the faid craft of Pewtenrsj
yrithin every city and borough of this realm where fuch war-
dens are, and, whfere no fuch wardens are, the head or go-i
verhor of the fame city or borough, to appoint certain perfons
moft expert in the knowl^ge of the fame, to make fearch
within the faid cities or boroughs where they dwell* (15)
Seafcbers of And over this, the jufllces of peace with in every (hire, at their
p^iner and • general feffion holden at Mtchoilmaij A^all affign and appoint
ci^cwTbo-" * ^''^ certain perfons having experience therein, to make fearch
rough, to' be '^^ ^^^ premises in every part of that fhire, a^ well within the
iipcKiinted by firanchife as without, faving in cities or boroughs where
luftices of the fearchers be appointed by the heads and governor^ 9? the fame ;
P^^^^* (16} and that of 9II fuch unlawful pewter and brafs as the faid
fearchers (hall find, the one h^lf t^ the ufe of your gfaf^e, and
the other half to x\^t faid ffparchers; (17) and that in the default
of the (aid tpafters and wardens or the faid occupations not
fearching in form as is afprefaid, and whereby that any fuch
unlawful metal is cail or made, pf unlawful weights ufed, that
then it (hall be lawful to any perfon or perfons having fuf&cient
cunning and knowledge in the fai4 occupations, by overfight
Made P^rp«- of the mayors, bailiffs, and head officers of the (aid cities and
cl'V l^ct ' boroughs, to fearch all the faid places, and to put the faid au-
See 15 H. 8. thority and ad in execution in form aforefaid; (18} Provided
C.9. alway. That this preient a£t continue and ei^dore to the ne^t
33H.8. e.^. parliament and no longer. ' ^vv
CAP. VJI.
For making ofjiatutes by bodies incorporate.
Hob.iTo. "pRAYEN the commons in this prefent parliament affimbledy That
9^ H.6.C.6. X where in a parliament holden at Wcftminfter the fifteenth year
of the reign ofthi bleJfedKing Henry the Sixth, for that that majlers^
wardens^ and people of guilds^ fraternities^ and other companies cor^
porate, dwelling in divers parts of the realm, oftentimes by colour of
rule and governance to them granted and confirmed by charters and
letters patents of divers Kings, made among themfehes, many unlawful
and unreafonable ordinances^ as well in prices of wares as other
things, for their^ownftnpdar profit, and to the common hurt and da-
mage o/the people; (2) it zvas ena^ed. That there fliould from hence-
forth no fuih majlers^ y^rdens^ nor companies^ make nor u/c no ordi-
nanct
1503-] Anno decimp noiio H^NKici VII. 89
ramt in dijbiritan^i or diminution cf the prerogative of the King^ nor
of other y nor againft the common profit of the people^ nor none other
ordinate of charge make and ufe^ but if it were firji difcuffed and
proved by good and reafonable advice by thejufttces of the peace y or the '
chief goz^er nor s of cities^ and before them e?itered ofrecordy (2) and
that upon pain to lofe and forfeit the force ar^d the iffe£t of all the
articles in their Jaia letters patents and charters contained concerning .
the fanu^ and oyer that to lofe and pay x. ]i. to the King for every
ordinance that any of them made or ufed to the contrary \ (4) and this 'Enforced bjr
ordinance to endure at theKing^spleofurey as in the fame a^ it appear-^ 2i}1.8.c.4r
etb ; (5) whkb a£t is now expired^ andfith the expiringofthefame^
divers and many ordinances have been made by many and divers pri"
vatf bodies corporate within d:iesy totvnSf andborougbsy contrary to
the Km^s prerogative^ his laws and the common weal of his fubjeSts :
(6) Be it therefore ordained, eftabliflied, andenadted bytheKing No mailers or
our ibvereign lord, by the advice of the lords fpiritual and tem- wardens of
poral, and the commons, in this prcfent parliament affcmbled, ^a]?^k^*anv
and by authority of the fame. That no mafters, wardens, and n«^ ^inan*
fellowfliips of crafts or myfteries, nor any of them, nor any ces without
rulers of guilds or fraternities take upon tliem to make, any ^h* confent
acls or oidinances, nc to execute any adls or ordinances by them ^J^^^ ^J^'
heretofore made, in dlfheritance or diminution of the preroga- furw.or jiif-
five of the King, nor of other, nor againft the common profit tices.'
of the people, but that the (ame adls or ordinances be examin- aSH.8.c.5.
ed and approved by the chancellor, treafurer of England^ or chief
juftices of either benches, or three of them, or before both the *
juftices of affifc in their circuit or progrefs in that (hire where
fuch ads or ordinances be made, upon pain of forfeiture of xl.li.
for every time that they do contrary. (7) And over that it is No or|!cr (hall
ena(5ted,That none of the fame bodies corporate take upon them ^^ made to
to make any adts or ordinances to rcftrain any perfbn or per- reftram fuits
Ions to fue to the King's highnefs, or to any of his courts for court. *"* *
due remedy to be had in their cautes, ne put ne execute any
penalty or punithment upon any of them for any fuch fuit to be
made, upon pain of forfeiture of xl. li. for every time that they
do the contrary. And this ad to begin and take effedl at the
feaft of Pentecofi next coming, and from thencefortji.
CAP. VIII.
Sbewagiy fcavag£.
TO the King ourfovereign lordy prayen the commons in this your
prefent parliament affemhledy That where the merchants ondin^-
habitants of divers cities^ boroughs^ and towns within this realms and
fls well divers tenants of our fmd fovereign lord the Kingy as of other y
that have by grants made by the noble progenitors and predecejjirs of
ottrjaid fovereign lordy as well to them by fuch name or names as they
or any of them be corporatCy as by grants made unto divers lords both
fpiritual and temporaiy and by prejcriptiony that thcyy their tenant Sy
refmntj and inhabitants within their feveral lordJhipSy boroughsy and
towni^
^o Anno dccimo nono Henrici VII. [1503.
fcwfiSj fiould bi quit and difiharged of divers and many eu/hms^
as of tolls and of other exa^ions demanded and ajked by divers mayors^
Jheriffs^ bailiffs^ and other officers of divers citieSj boroughs^
and towns within this realm^ for their fingular bicrej of merckmts
denizens and of the King^s true fubjeffs born dwelling and inha-
biting within this reabn^ contrary^ to their faid privilege, and laulj
mere and otherwife than in times paffedy have dtflrained^ levied^ and
taken of them a certain cujlom called Scavage, otherwife called Shew*
age, to their great charge and trouble, which fcavage was never ufd
NofiAvageor to be taken or levied but only of merchant ftrangers : (2) Be it
ht^^di^ therefore oixlaincd, cftablifhcd, and cna<fted by the King our
mcrchandifc Sovereign lord, and by the aflent of the lords fpiritual and tcm-
cuaomed. poral, and the commons in this preient parliament aflemb-
led, and by authority of the fame. That if any mayor, (hc-
riff, bailiff, or other officer in any city, borough, or town
within this realm, diftrain, take, or levy any cuftom called
Scavaze, otherwife called Shewage, of any merchant denizen,
or of any other of the King's fubje6ls denizens, of or for
any manner of merchandife to our fovereign lord the King
before truly cuftomed, that is brought or conveyed by lan3
•or by water, to be uttered and fold m any city, borough, or
The penalty town in this land; or if that any mayor, (heriff, bailiff, or
for difturbing other officer in any city, borough, or town, for nonpay-
relfh^^ /^ ment of the faid feavage, let or difturb any merchant, or
chandife fbr ^"Y ^.^ perfon or pcrfons^, being denizens, to fell and ut-
nonpaymcnt ter their merchandife by them brought into any city, bo-
of fcavage. rough, and town, that then every m^ayor, fheriff, biiliff, or
other officer diftraining, levying, or taking any fuch fca-
vage, or otherwife offending in any thins contrary to this
prefent afft, (hall forfeit for every time he fo offendeth, xx. 11.
the one moiety thereof to our fovereign Iqrd the King, and the
other moSety thereof to the party in that behalf grieved, or to
any other that firft fucth in that party by action of debt
in any (hire within this realm to be fued, (3) and that the
defendants in any fuch aAion be not admitted to wage or do
their law, nor any protedion ne cflbin for any fuch defend-
Scavagc to be ants be allowed in the fame. (4) Provided alway. That the
taken by the mayor, (hcriffs, and commonalty of the city of Lond^, and
ftcnft of ^^^T ^^ ^^n^' ^^^ *^*ve and take all fuch fums of money
London. for the (aid fcavage, and of cvoy pofon denizen, as by our
fovereign lord the King, and his honourable council (hall be
determined to be the right and tide of the mayor, (heriffs, and
commonalty of the faid city of London, or any of them, this
aA in any wife notwithftanaing.
CAP.
I S<>3'1 Anno decimo nono Henrici VII. 9 1
CAP. IX,
Procefs in alHons upoH the cafe fued in the King^s bench and
common pleas
FORASMUCH as befire this time there hath been great de- Whatproceft'
lojfs in a^fims of the Caje^ that hath been fued a% well before the fhailbcanrard*
King in bis bench^ as in bis court of his common hench^ becaufe of^ *° a^ioiw
whub delays manf perfms have been put from their remedy : (2) be }\fea"in the
it therefore ordained^ enaded, aod eftabliihed by the King our king's bench,
foycreign tord, bjr the advice and aflentof the lords fpiritu^ an4 or common
temponly and the commons, in this prefeot |>arliam€nt af-* bench.
fcmbled, and by authority of the fame. That like procels be f 7' ***8«»*-
had hereafter inadtions upon the cafe, as well fued and hang-i , sid.i48yft59»
ing, as to be fued, in any of the faid courts, as in actions of a6o.
trefpais or debt.
CAP. X.
Sheriffs.
BE it ordained, eftablifhed, and enacted by the King our fo-^
vereign lord, by the advice, and aflent of his lords fpiri-
tual and temporal, and the commons, in this prefent parlia-
ment allembled, and by authority of the fame. That every
(herifF within every county within this realm of England YiVft ^, - .-.
the cuftody, rule, keeping, and charge, from the ^indecim ^^^^a^iit
Pafche next coming, ot every of the King's common gaols, pri- keeping of the
fens, and prifoners in the fame, in every of the faid counties common
where he is (herifF, during the time of his office, except all gaols fi^*?|f'» *"^ ^^
whereof any perfon or perfons fpiritual or temporal, or body {hcnSn![*
corporate, have the keeplngof eftate of inheritance, or by fuc- i^Ed.j^ftat.!.
cemon; (2) and from the fame ^indecim of Pafche next com- c.io.
ing, that all letters patents made to any perfon or perfons for
term of life or lives, or for term of years, of the keeping of the
faid gaols, and of any conftable(hip of any caftle, wherein any
fuch common gaol is, by the King our fovereign lord, or any
other Kings of this land, and every thing in the faid letters pa«
tents contained, be from henceforth repealed, adnuUed, void,
and of no force ne effe6l in the law : (3} and that everv fuch
iheriff, from the (aid ^ndecim of Pafche^ be charged and charge-
able with the faid gaols, prifons, and the prifoners remaining in
the &me. (4} And over tbatj where divers and marpf perfons^ for
treafoHy murder.^ robberies^ and other felonies^ before this time have
been taken^fomeforfufpeSHon of the fame deeds^ and feme upon indiff*
mentSj ana thereupon brought unto the fame gaols and prifons^ and
fometime remained in the keeping of the perfons thatfo arrefted them
for the faid caufes^ and by colour of negligence^ fubtiUj and craftily^
and oftentimes for favour^ mede^ affe^ion^ or corruption^ fuffered the
faid offenders to efcapcy as if it had peen bj negligence^ to the overt and
exprets impediment ofjuftice^ and execution of the King*s laws ordered
for tdeptmijhnent ofjiich offenders ; (5) and when fuch efcapes have #
been found before tie ju/iices having authority to enquire thereof^ and
thereupon the parties convUfed^ or elfe yielded themfehes to make fine
for
52 Annq decimo nono Henrici VII. [1503.
fortbefame^ fmall fines have been ufed to befet in thofe amfes^ to the
little dread and fear ^ and great imboldenimg of the fold offenders and
Piifioers j by mean whereof great and erranffeUnSy and heinous mur-
derer Sy oftentimes have by negligence efcaped^ fo that neither they^ nor
the keepers cf them from whom they efcapedy hitherto have not been
f^evenl pexaX- punijhsd according to their demerits: (6) Be it therefore enad^ed,
ties for the ordained, and eftabli(hcd by the faid authority of this prefent
cftSe'cf^vml P^^Ji^'"^*^^* That for every negligent cfcape hereafter from any
foS of of- sheriff, having the keeping of any gaol, or from any conftable
fendcn. £xp. of caftle, or other, being keeper ox any gaols where fuch prifon-
crs accuftomably have been and (hall be kept, of perfons in-
diAed of high treafon, being in their keeping, that no iefs fine
be fet or made for every fuch efcape, than C. mark^ and more,
by thejdifcretion of the juftices that (hall aflefs fuch fines; (7)
and for every perfon efcaping, being in their keeping for fufpec*
tion of high treafon, no Iefs fine to be fet ne made than xi. li.
(8) and for every cfcape of pcJrfons indifted of murder or petit
treafon, xx, li. at the leaft, and more, by the difcrction or the
juftices that (hall a(refs fuch fines; (9) and for every efcape ^
% perfons fufpedled of murder or petit treafon, x. li. or more, by the
difcretion of the juftices that (hall aflefs fuch fine$; ( 10} and for
eYer}'perfon efcaping, being in their keeping, indidloJ of felonj',
other than murder or treafon, x. li. and for every perfon fufpea-
eJ of felony, other than murder or treafon, as is aforefaid, to
forfeit for every fuch efcape C,s. Or more, by the difcrction of
the juftices, after the manner and quantity of their offences or
Afaving of o- demerits, (ii) favjng to every perlon or perfons, their heirs,
^1^" ""r " * r 2nd their fucceflbrs, fuch fufficient and lawful right and title to
tiw«*arS^iinci ^"^ ^^^^^ efcapcs, and fines for the fame, or to be quit of fuch
torthe (apic, cfcapcs, or of any other cfca pes, as they have or ought to have
The penalty at the time of making this acS; this a<5l, -or any claufe contain-
f or negligent cd in the fame in any thing notwithftaftding. (12) And if any
rhl^\{GMx>at P^^^Q*^ hereafter have any prifoner in his keepmg, arretted for
brought to the ^"fpi^'O" of felony, treafon, or murder, and that perfon that fo
gaol. Exp. is arreftcd, efcape by negligent keeping before that he be
brought to the gaol, that that perfon from whom he fo efcaped,
fliall forfeit for every perfon that fo doth efcape, fuch fines as
flull be fet by the difcrction of the juftices that (hall have au-
thority to afTeis fuch finesi, as the cafe (hall require, and the
fame forfeiture to go to them that be intitled to have fuch for-
Letters patents f^'^"*"^ *^ ^'^^ ^'^^^ of n\aking this adl. (i^) And moreover, be
<>t offices not it cnadled and ordained by the faid authority. That all offices of
requiring ac- conftables of caftles, fortrefTes, or other places, and all other of-
Ihall^bc7*id ^^^^^ within this realm of England ox JVales^ not requiring ac-»
tual exercife in any of the fame offices by them to whom fuch
grant or office is made or granted, or by their deputy or depu-
ties, granted by the King our fovereign ford that now is, to any
perfon or perfons for term of life or lives, and the letters patents
of the fame, ftiallbe from the Feaft oi Pafche next coming utter-
ly repealed, adnuHcd, void, and of no force ne effcA in the
The continu- law. (14) And this adl, as concerning the penalties aforefaid,
and
1503J Anno decimo nono Henrici VII. 93
and every of them, to endure to the next parliament, and no ance of thi»
longer. (15) Provided always. That neither the (heriff of the ?^^"<^«rn-
county ot Surrey for the time being, nor anv other (heriff, have Jpf J^jJJj^^^'j.
any rule, cuAody, orgbvemaiice of the gaols of the Kwg*s bench Surrey fliall^
and Marjhalfia^ or of either of them, by reafon or by authority of not have the
the faid adt; but that Sir Tht^mas Brandon knight, and Sir %A« j[5*P*"£o^thc
Dighj knight, and either of them, have and enjoy the cuftody ^a^^^
and keeping of the fame gaols, according unto their feveralyj^. ^ '
grants to them made, this a A notwithftanding. (16) Provided l^iwardOmrt^
alway. That the faid adt of refumption, or any articles therein *(y ead of De*
contained, extend not, ne be in any wife hurttul or prejudicial ^^"^«'« pa-
to Edward Courtney earl of Devon^ for the avoiding and repeal- ^ **^^*P^
ing of any letters patents, or grant to him made by the King
our fovereign lord, of and for the conftablelhip of tne cai|le of
Rjtftermelly otherwife called Reftorminj in the county of Cornwal/y
but that fuch letters patents or grants of the fame office, be of
as great force, ftrength, and effed, and to the iaid earl as a-
vailable, as they (hould or might have been, if the faid adt. of
refumption had never been bad ne made, (ij) Provided al- 7**^ **^^''
way. That this adt of refumption^ or any other adt made or to P*'****^**P^
he made in this prefent parliament, extend not, ne in any wife
be hurtful or prejudicial unto any manner of grant made by the
King our fovereign lord by his letters patents to John Morgan,
of or for the parkerfhip of the park of Carlion with the profits of
the fame within the lordfhip of UJke in South fVales ; but that the
faid letters patents, and every thing in them contained, be from
henceforth good and effedtualto the faid John^ according to the
tenor and purport of the fame, the forefaid adt or adts in any
wife notwithftanding.
IL Provided always, That this adt of refumption, nor any
other adt or adls of refumption, or repealing or avoiding of any
our letters patents in this prefent parliament made or to be
made, extend not, nor be prejudicial to our trufty and well-be-
loved fervant Henry Wyatty late clerk of ourjewels, as of, to,
and for our letters patents to him, and to Thonuu Fitzwilliamy
late deceafed, by us made and granted the iv. day of Aprily in
the V. year of our reign (among other) of the offices of con-
ftable and porter of our caftle of Cmyjhroughy in our county of
Yorky to have, occupy, and exercife for term of their lives, and
of either of them overliving, nor to any wages, fees, profits, and
commodities to the fame offices, or either of them belonging to
be perceived; nor alfo as to and for the office of conftablelnip
ofour caftle of Tykhilly parcel of ourduchy of I^«i^tf/?/r, in our faid
county of Tork, and of the office of porter or porterftiip of the
fame caftle to him by our letters patents under the feal ofour
duchy of LamafteTy bearing date the xxv. day of June, in the
XV. year of our reign, granted during our pleafure; nor to or
for any fees or wages to or for the fame in any wife belonging
or to be perceived j nor over that, of, to, or for the office of
wamer or wamerfhip of the warfen of Methwoldey in the coun-
ty of Norfy parcel ofour faid duchy of Lamafler^ to him by
us
94 Anno dccitno none Henrici VIL [1503*
us by our letters patents under the fea] of our-fakl duchy grant*
ed for term of his life; nor to or for any wages atid fees to the
fame oflke pertammg, or for the £uBe yearlv to be perceived or
had in any mamier wife; but that <eveiy or the faid letters pa-
tenta, and all things in them and «irery of them contained, be
good and efie(%jal to him in sJl things, aocording to the form^
puitx>rt, and effcA of the Ikme letters patents^ andofdther^
them, this a&, notwithfianding.
CAP. XT.
Far deer-hays and buckftalls.
FORAS>4UCH 4IS kis weBunderftooi andbunvn^ that tkt
great fjl difiruS&m cfrei deer and fallow within this realm in
time pafi hath heeriy and jet is^ with nets called deer hays and buck-
JlaBsj andftalUng witb heajls^ to the great £fpleafvreafeurfivereign
lard the Juio^, and afaU we lords andetfjfr mblemen within this bis
ridm^ having fore^Sj ehafes^ or park in their pofeffimSy rtde^ er
keeping ; fo that if thefaid nets erJlalHng Jbeuld mlattfully be ufed
and occupied in ttrne comings' as they have been in timepaftj the mojl
part oftbeforefts^ chafes^ and parks of this realm /bould be therevnth
dejlroyed: (2) Be ijt therefore cftabli(hed and enaAed, by the
lords fpiritud and temporal^ and the conunons, in this prefent
The penalty parliament aflembled, and by authority of the fiime. That any
for keeping of perfon or pcrfons, fpiritual or temporal, having no park, chafe,
buck-ft^8?^ nor forcft of their own, keep, nor caufe to be kept any nets
called Dter-baySj or Buck-Jlalls^ by the fpace of a month next
after the proclamation of ^is a<ft made; (3) upon pain of for-
feiture for every month that he or they 10 kicqp or caufe to be
The penalty kept the fame nets, hays, or buck-fiaUs, x. li. (4) And that no
for ftaiking,or perfon from henceforth ftalk, nor caufe any other perfon to ftalk,
^h tcflSlkat ^^^^ ^'^y bi>(h or beads to any deer, being in any park, chafe, or
adeer^with- foreft, or without, but if it be within his own ground, chafe,
out licence, foreft, or park Jwi thout licence of the owner, mafter of the game,
or keeper of the fame ground, chafe, foreft, or park, upon pain
of forfeiture for every time that he or they fo ftaikcth, x. li. (5)
And furthermore. That no perfon ne perlbns without his own
ground flay, take, or caufe to be taken by mean of craft or en-
gine, any herons, without it be with hawking, or with a long
bow, upon pain of forfeiture for every heron taken or flain vi^.
The penalty viii.d, (6) And that no perfon or perfons without his or their
youn*a^^^ ^^^"^ ground take any young herons out of the neft, without li-
oucortheneih cence of the owndr of the ground where the £ud neft is, upon
pain of forfeiture for every beton fo taken out of the neft, x.$.
(7) And that every man that wUl, may and (hall be admitted to
fue for every of the £iid forfeitures by a£tJon of debt, and like
. A. procefs to be had andmade therein, as in other a<Stions of debt
Ir^mL *^ ^^^ making of this a^; (8) and that the defendant be not
examine an/ admitted to tend nor to do his law in any fuch a6kion, aorany
perlbns fuf- eflbin nor protedion to be allowed for the defendant in the iamc.
P^*^.^» *nd (9) And that two juftices of peate in thdr fcflions, (hall have
pumih them, authority to call before ibcm aivy perfon fufpcacd.of thepremif*
1503O Ann6 tfcdmo nono HENftici VII. 95
fes, and by tlieir difcretions to examine them In thepremif&s.
Tio) And if bv their examination the party fo examined be
lound in defanlt contrary to tht premifTes, then that perfon fo
found in default to be committed to prifon till he have found
furety for payment of the lame forfeitures to the King; (xi)
and that tbofe jufticcs that fo examine them, ilrall have the
tenth part of every fuch forfeiture for dieir labour in that
behalf.
CAP. XII.
An aft toochixi^ the pmiihment of vagabonds for their firft of-
fence, and fer their fecond offence, and of them tfiat do re*
lieve diem. A remedy to provide for bcKars not able to work. ' ^
Which officers and perfons may punimvagabondB, and their
penalty if they do hot. £xp. 39 £1. ^.4. (2) Certain perfons
prohibited to phy at unlawful games. £^. 53 H. ^.9. (2)
Two jiiftices of peace may rge6t common iellmg ale or Jbeer.
jUtereds^ 6£rf. 6. €.%$. &r Rep. 21 Jac. i. ^.28.
CAP. XIII.
Rioi.
WHEREAS in the parliament bolden at Weftminfter the 13 !!. 4* c.r*
Tuelday the morr&w next after AW fouls, the thirteenth
year if the reign of King Henry the Fourth^ among other things it
was enaBed^ ordained^ and ejlablijbed^ That if any rioty ajfembfyy Jurors iinpa-
or rout of people againjfl the iaWy were made in any part of the realm^ Qufreof^rlow
that thejuftices ofA)epeace% three or two of them at the Jeafl^ and the ind the iffucs*
Jberiffor under-Jheriff of the county where Jiuh rioty ajfimbly^ or rout retosned
f^d be done J after the fame Jhtute^ Jboidd come with the power tlicrcupon.
of the Jbire [if need flmld he) to arrefl them^ and them Jbouid
arrejl\ (2) and the fame jufiicis and Jher^^ or under-Jheriff\
Jhould haue power to record that tlyat they faould find fo done in
their pre fence againfl the law^ (3) and that by tffe record of the *y^^ punifli- *
fame jvjtices and Jberiffy or under-Jheriffy the fame trefpafjers tf»imcntofmaiii-
mifdoeri Jbouid be convi^ed in manner and form as it is contained t^mtnyVthcTe"
in the ftatute of forcible entries \ with divers and many ^^^^^^^P^^
articles touching ana concerning the premiffes^ as in the fame fia- "^ ^ '
tute made the faid xiij. year more plainly at large it appearetb^
(4) which Jiatute is thought good and neceffary : wherefore by the
advice and affent of the lords fpiritual ana temporal^ and the com-
monsj in this prejent parliament ajembledj and by the authority of
the fame^ Be it therefore ordained, eftabliflied, and enaded.
That the faid adt made in the faid xiij. year of King Henry ^^^ 5.ftat.x«
the Fourth, eoncemiAg riots, aflemblies, and rout^ ofpeople, c.a.
and all and every article and articles cdmprifed in the fame,
and -alio all other ftatutes before this time made concerning
the punifhment of rioters, at the time of the making of this
a£t being in force, from henceforth ftand in thdr force, and
be duly put in execution after the tenors and purports of
the fame. (5) Jnd forafmueh as in the faidflatute made in
the faid xiij. year^ it is not expreffei of what fiyjiciincy the jur^
ors impanelled ^Id bey or what ifues ihey Jbwld Ufe^ if they
appear
96 Anno dedmo nono Henricx VIL [^50^.
appear noU ^or n$ mention ^ therein Made cf any punifimtent of ttf
maintaincrs and embracers of the jurors that Jo Jhall be imtamUedy
. Jhould have for their mifdemeanors^ if any be : (6) It is tncrefore
furthermore ena<5tcd by the faid authority in this prefent par-
How many ju- liament. That if any riot, rout, or unlawful ailembJy, be com-
rort (hall be mitted and done at any time after the firft day or May next
returned to in- ^.Qj^j^g^ within this realm Qi Englandy that the IherifF having
andofwh™^'^ precept directed to him, ihall return xxiv. perfons dwelling
fufficiency within the (hire where fuch riot, rout, or unlawful affembly fliaB
theyfhaUbe. be fo committed and done, whereof every of them fhall have
lands and tenements within the fame (hire to the yearly value of
xx.s. of charter land or freehold, or xxvi.s. viii.d. of copyhold,
VHiat ifTaet ^^ ^^ both, over and above all charges, to inquire of the laid ri-
ihall be return- ot, rout, or unlawful aflembly. (7) And he (hall f€tumupon
cd upon the every perfon fo by him impanelled, m ifTues, at the firft day xx^.
jurort. and at the fecond day xl.s. if they appear not and be fwom to
The (herifF's inquire of the premiflcs at the firft day. (8) And if default be
forfeiture for j,^ ^^ (heriff or under-fheriff, for returning of other perfons,
duty."*^ * "^^ being of the faid fufficiency, or return not ifliies in form a-
forefaid, that then the faid (heriff (hall forfeit to our fovereign
Si^'Sntein. '^'■^ *^ ^'"S' for either default therein, xx. li. (9) And if the
ers and em-" '^^^ "^^^ xoxxx.^ 6x unlawful aflfembly be not found by tfie faid jury,
braccri . by reafon of any maintenance or embracery of the faid jurors,
then the fame juftices and the (heriff, or unaer-(heriff, over and
above all fuch certificate that they muft and be bound to make,
Caitbewy 3S3. according to the faid ftatute made the faid xiij. year, (hall in the
/ fait^e certificate certify the names of the maintainers and embra-
cers in that behalf, if any be, with their mifdemeanors that
they know, upon pain of every of the faid juftices and fherrflT,
or under-fheriff, to forfeit xx, li. if the fame jufbces and (heriff,
or under-(herifF, have no reafonable excufe for non-certifying
The forfei- of the fame j.( I o) which certificate fo made (hall be of like force
turesormain- ^^d effeft in the law, as if the matter contained in the fame .
embracers ^^xt duly found by the verdidt of twelve men : (11) and every
whereby a* perfon duly provca to be a maintainer or embracer of the fame
riot is not fhail forfeit to our faid fovereign lord xx» li. and as well the fame
toand. maintainers as the embracers (haH be committed to ward, there
to remain by the difcretion of the juftices.
J 5;*;/:^' cap. xiv.
% H.4! c.ii. The penalty for giving or taking any livery, l^c, or for retain^
8 £d. 4. C.2. ing, or bemg retained with another, during the King's life.
7H.4.c.,4. CAP. XV.
Several charges impofed upon the lands and perfons ofCeftuj
que ufe.
Thefeveral 13RAYEN The cpmmons in this prefent parUament affembkd^ that
inconveni- ^ whcre divers and matty perfons be defrauded of their exectetiony as
ciicies that well of and upon recognifancesjflatutes oj tbeflaple^fiatuteS'Tnerthants
many did re- f^ ff.^^^ made^ as of their debts and damages recovered in anions of
tuy^qu« ufe, ^^*^> trefpaffesy or other anions : andfo in like wife the lords ofwhm
any lands and tenements be holden infocage^ of their relief Sy andfome-
tiof
1 503 •] Anto decixno nono Henkici VII. 97
time §fthnr biriptSy by reafm that befo being bound ^ condemned^ 1 Co. 1*3.
end aUi he that of right ought to be Very tenant to the lord of whom ^^' ^' ^'' *•
fub utnds andtenennntsbeholdehy caufetb by fine^ feoffment^ retoveryi "^'
or otherwiliy divers perfom to befetfed ofthefatd lands^ tenements^
bnd other nereditaments only to bis ufe^ he taketh the profits of the fame ^
to the great burtj deceit ^ and defraud of the Kin^s true liege people
within this bis reabn^ if that remedy be not therefore purveyed (2)
In confideration whereof, be it ordained, eftablifhed and enact-
ed by the King our fovereign lord, by the aflent of the lords fpi«
iitual and temporal, and the commons in this prefent parlia-
tneht aflembled, arnd by authority of the fame. That {roth
henceforth it (hall be lawful for everv (herifT, or othei* officer.
to whom any writ or precept is or flialf be direded at the fuit of
any perfon or perfons, to nave any execution of any lands, te-
nements or other hereditaments, againlt any perfon or perfons • , >
rf, for and upon any condemnation, eftatutc-merchant, eftatute 'P^ f
of the ftaple, recogntfance hereafter to be made or had, to do, fl^t^otiit
make' and deliver execution unto the party in that behalf fuing, execudon foi^
of all fuch lands and tenements, as dny other perfon or perfons his debt due
be in any manner of -^ife feifed, or hefeafter (hall bt (eifed in ^ittdgm«nti
any wife^ to the only ufe of him agdinft whom ex&cutioti is (b ^'
fued, like sis the bid (herifT or other ofHcer might or ought to
have done if the faid party againft whom execution hereaftex^
fliall fo be fued, had been (olely feifed of the faid lands and tene-
ments of fuch dilate as they be feifed of to his ufe at the time of
the faid execution fued. ^3) And over that, be it ordained by the The iandi of
faid authority,That the lords, of whom any fuch lands and tene- J^ ^c^^ua
ments be holdcn in focage, (hall from henceforth after the death ^^^^i)^^l^
of him to whofe u(e any peribn or perfons as is afordfaid be the relief, he*^
feifed (and no will thereor declared) have his relief, heribt, and riot and other
all other duties, like as the faid lord ought of might have had if duties.
he hald died (eifed of the fame. (4) Provided silway. That evtfrv cejhp puufe
fuch pelfon againft whom execution is or (hall be hadbf laiiai^ fhallbave iucfi
and tenementS5 fo being in poflefllon of other perfons to his ufe, ?^^*??^? *•
may have all fuch advantage in the Uw againft him ot them that ha? ff he had
lb have execution of the lands or tenements afore rehe2lr(bd, ^s beeh tenant ol
he might or (hould have had if he had been folely feifed of th^ the land.
faid lands and tenements at time of the faid execution fued. (5) cejMf^euTe
And over that, be it ordained by the faid authoritv,That if any being aboftd-
bondoian purchafe any lands or tenements in fee nmple, fe^ tail, man»thehnj
or for term of life,-or for term of years, ahd ciufeth eftatfc to be {J"*?.^* ^^"^^
made to divers perfons to his ufe, or taketh eftate to himfelf and ^ hislofd.
to divers other jointly with him and to his ufcf and behoof, that ' ^ V ^J'
it (hall be hwfulto the lord of any fuch bonditian to enter during J^ ^Ji^ ^'.,p.
the (ame ufe, into the lands and tenements ahd every pared
thereof (b purchafed by his bondman, in like manner and form
as he might have done, if the faid bondman had only been (^ifed
0f the £ud landaarid tenements in fee or oftherwtfc^
Vol. IV. ii CAP,
gg Anno dccimo nono Henrici VH. t^5^*
CAP. XVI.
The ftatutc of ii /T. 7. r.26. touching the ability of jurots im--
panelled in the (henfFs turns in Surrey^ Sufex^ and Hafnpjbire^
continued until the next parliament.
CAP. XVII.
Shearing worfied.
A confirma- 13RAYEN the commons in this pre/int partiansint affimhlsdy'Tbat
^^^ff^^^dl ^henas the city ^Norwich is an ancient city^ andinthe fam€
jj*jj * ^^j j^ city Without time of mind among other crafts bath been ujed a eeriaim
and a repeal' ^afi called jhearmari s crafty and the artificers of the /ami have aU
of the rtudue. way ufed by the fame timi tojhear as well worjleasyjlaminsjfuftians^
as all other woolen cloth ; and all apprentices of the fame craft have
been taken and bound toJhearmarCs craft only^ andhyreafou thereof
they have had and enjoyed their liberties and freedom in their 9ccupa^
tion by the name of the jhearmaf! s craft generally ^and none otberwifei
(2) and there have every year ufed within the f aid city to hi chofen
and fworn two wardens of the famf crafts and all defauks by the
faid wardens J in their craft founds to be prefented before the mayor of
the f aid city for the time beings and the offenders in that behalf to be
punified according to the cuftom of the fame city \ tiU now of late timet
divers perfons for their ownfingular profit^ contrary to the common
ivealofibefaidcityy feigning to have a craft of wor/fed Jbearingi
. feparatefrom the fatd craft offhearmaris crafts furmitteda bill into
the parliament holaen at Weftminfter the fourteenth day of O&oher^
the eleventh year of the reign of our fovereign lord the King that now
is ; iy force of which pretended bill it was in the faid parliament en*
ailed and ordained^ 7hat from thenceforth no man fhould take upon
him to fhear worfteds within the faid city, but if he had been appren--
tice to the faid occupation of worjied-fhearing by thefpace of f even
years y or fueh otheYas the mafters of the faid occupation Within the
faid city for the time beings approving their cunnings with the adyiu
of the mayor for the time being in the faid city j will admit* (2)
And furthermore in the end of the fame a^ it was provided^ That
the faid occupation of worfled-fhtaring fhaU not make^ nor do to be
niade^ any ordinance concerning the faid occupation among tbemfehes^
hutfuch as the mayor of the faid city for the time being with his bre^
thren aldermen Jhall think neceffary and profitable for the weal of the
King's fubjeSlSy as more plainly in the faid a& amongli other thingt
Theinconve- doth appear, (4) It is fo^ thatjith the making of the faid a£f, by
. nicBcies which colour of the fame ^ the worfied fhearmen within the f aid city within
^ve cnfued^o themfelveSy without the advice orconfent ofthemayor ofthejaidcity^
S^Norwichby *^^' chofen wardens ofworfied-Jhearing^andfeparatedthefamiprt-
the ftatutc of tended craft from theforefaid crafts called fiearman^s crafty contrary
II H. 7. c.ii. to the liberties and good cufloms 0/ the faid city in timepajed ufedand
The fevcral approved .• (5) and over that^ the faid pretended wardens^ with their
praftice^ of company to them confedered^ divers and many times affemhUd and made
of^worftecT* ordinances among tbemfelvesj contrary to the common weal of the
ftearcrs in faid city,without any advice of the mayor of the faid city^ intending to
Norwich. bring thejhearing ofworfleds into few nlens hands^ and to inhince
« * ' thi.
1 503.} Anoo dedmo nono HenriCI VIL ^^
the frite ofjhyiring of werftedt at their fUafure^ tnhmuch ihfft th^
will not admit to Rearing ofworjieds btU certain perfont^ where many
oiier within thefaid city he as ferfeSf^ and have as great cunning
in the f aid /hearing of worjieds^ as they that the faid pretended war*
Jens do daily fuffer tojhear^ have ; and will not admit any man to
the /hearing of wor/leds^ though he have fufficient cunning therein^
without be will compound with them^ and mate great and importable
fisus ; by force whereof divers and many of tbe/hearmenj lately inba*
bitants rf the /aid city, he departed out of the fame city into the mim*
try, andfo diver sand many houfes within the /aid city now be unoc^
copied emddecayeiy and daily more are like to hcy to the great de/olatiom
•ftbefaid city^ndalfo to the impoveri/hingofthe merchants buyers of
thefaidworfle4 within the /aid city ^ whereby the great weal and prof*
perityef the /aid city Jlandeth^andthe inhabitants ofthe/ame/upported.
(6) In confideration of all which premifles, it may pleafe th^
King our fbvereign lord, of his moft abundant grace, and for th^
great eeal his Grace hath to the univerGil weal of his fiibje^ in
Siis his realm, b^ the advice and aflent of the lords fpiritual and
temporal, and of the commons, in this parliamffit aflembled,
and by authority of the fame, to ordain, eftabli(h, and ena<£t, *
That the forefaxi aA made the faid fourteenth day of OSfober^ So much of \
die eleventh year aforefaid, in every thing touching and con- thcftatuteof*
Ceming the faid worfted-fliearing, or the faid pretended craft of ^* ^ncerneth
worfted-fliearingonly, be utterly void, repealed, adnuUed, and the taking of
of no force ne effcd, (7) Provided alway. That the refidue of apprentices '
the forefaid adt concemit^ the fetting or putting, taking or re- confirmed,and
ceivin^, of apprentices for all the citizens and inbibitants i^vithin J^* ^[^ "^
the faid city of Norwich, mav (land in his full ftrength and ef- ^,^^xV
fe<^, in fuch form as in the laid ad is expreiled and contained, repealed*
this prefent a<5t notwithftanding.
CAP. XVIII.
Far free pajfage uport the river Severn.
'T^O the King our fn/ereign hrdjprayen thecommons in thisfrefent
X parliament ajfemhledy That where time out ofmind^ merchants^
viSfuallerSj and all other your liege people of this your realm^ at theit
pleafure have had and u/ed free courje and pa/fage through and upon
your river and water of Severn, within this your realm^ with /hips,
trows y boatSy and all other their vejilsy to carry and convey their mer^
chandi/esy vi^ualSy and other goods, from town to town, and front
place to placcy without interruption, trouble^ vexation^ let^ ordi/lurb-
ance^ and without any thing therefore paying or giving y until late timi
that divers merchants and others of this your realm of England were
by divers and certain mi/ruled perjonSy inhabited in tieforefi of Dezn,
and other places to the /aid river adjoiningy wrongfully letted^ vexed,
and interrupted i {2) whereupon for the fire and peaceable pa^ge and
courfe lepon the fame water and rtver of all the King's liege people to bl
hadandcontinuedy divers oils and laws were made and provided, and
in efp'eciatone in the ninth year of the reign of the mo/l hhjfedy and of
famous in -memory y your uncle King Henry the Stxthy by the which T^V^^ ^5
a^ it was ^li/My ordained, and provided, That all your liege f^^f]
loo Anno dedmo nono Hbnrici VII. [1503*
provided for pi^Uj and every of tbeniy fiwdd have tbeir temnun and free pqgage
free p^&ge ♦ upon ycurfmd river 0id water with tbeir trows, boats, andotbervif^
"Xs^^^ f^^W^^^"^^^ on3 other placesy witU
4mt ut, interruption, or denier \ (3) and tfom of your Uege peefit
or fubjeSs were of tbtir^faid cowye imd pa^ge letted or £fisirbed^
that tbeyjbould have a^ons of trefpafs-agatnft the ojfenders in that
behalf I (4) and the prennjfes notvnthfiandxng, divers perfius late
and now, being your officers of and in your city of Worcma:, and
town of Gloucefter^ and other places adjoining to your
fiid rwer and water, will not fuffer any boat, trowy or other
vejfel, to pafs through and upon your fmd river and
water without divers impojitions iy them thereupon fet^ and by
them levied, gathered^ and reared upon the merchants and o%m^
ers of the fend goods ^ and nurchan&fes, by the find river aniwa^
$er paffing, in manifefi contempt of your fedd laws, and breach^
of the laudable cu/tom aforetime remembered. (5} Pleafe it
therefore your Hiennefs, the premiiTes confideredy by the advico
and aflent of the Jonl« fpiritual and temporal, and the commons,
^ in this prefent parliament aflembled, and by authority of the
Thefcrfeitiire fame, to ordain, eftablifti, and ena^ That whatfoever perfon
totoruptany ^ pcrfons, of what eftate, d^ee, or condition he or thCT be
with tbeir of, that hereafter takeanyimpofitionofanyof the King*s liegp
boats pifling people, for trow, boat, or any other veflel, for any goods or
won the river merchandifes carried or conveyed in and upon the faid river and
of Severn. crater of Severn, or let, vex, or interrupt any boats, trows, or
other veflels fo* paffing by the laid river and water, for any iucb
impofition or otherwife againft your laws, that every fuch per-*
fon or perfons, fo doing and offending, (hall forfeit to the King
our fovereign lord for every fuch offbnce xx. 1. (6) And for every
fuch fum or fums fo forfeit, theparty grieved, and all other per-
fons that will fue for the fame rorfeiture, (hall have and fiie an
adion popular of debt, as well to and for the ufe of our fovereign
lord the tCing, as to the u(e of him that (hall fo fue for it in his
own name } and that our fovereign lord the King have two parts
of the faid fum fo forfeited, and Uie party that fo (hall fue for die
lame, have the third part thereof: (y) and the party defendant
in every fuch action mall not be received to wage his law, and
alfo be outed of all dilatories in the fame aAion, as protedions,
^ere andby dToin, and other. (8) And if it fortune the parties in any fuch
tricTand S- *^^" ^^ defend or plead to any iffm, for any offences done or
able in any of committed contrary to the premi(res« triable in the city of ^r-
the faid aai- cejler^ or the liberties of the fame, then the fame iflue to be tried
onfj^i be by twelve men within the county of tVorcefter, not dwelling nor
tncd. having anv lands within the (ame city, ne the fuburbs dF the
fame, (o; And if the party aforefaid in any fuch aAion defend
and pleaa to an \S\x, for any fuch offence done or committed
contrary to the premifles, triable in the (hire of the town of
Ghucefter, or in the county of Ghmefier, the fame UTue to be
tried by twjdve men of or in thecountv ofGUucefler, thereto ad-
joining, not havine any lands, ne dwelling within the fame
Theownenof (hire of the town ^Qlmefier. ( jo) Prodded alway, T\ai this
6 aa>
i503*I Anno decimo nono'HENRici VIL • xojc
aft, norany thing in the fame contained or fpecified, in any Vife landslhall be
extend not, nor be prejudicial or hurtful, to any perfon or per- u^^^kld!***
fons having any lands or meads adjoining to the faid ftream or they recdve.
water of Severn j to take of every perfon or j>erfons going upon
his or their faid lands or meads, and halmg or drawing any
fuch trow, boat, or veflel, reafonable recompence and fatjsfac-
tion for fuch hurts and offences, as he or they having fuch lands
or meads adjoining to the faid ftream or water, ih^l fuftain by
reafon of any fuch ^ing or drawing of any fuch trow, boat, or
veilel. {ii; Provided alway. That if any perfon or pcrfons Adutyorim-
fpiritual or temporal, or any body corporate, come before the C^* «^" "1*^
lords of the King's honourable council in the Star- chamber atanddcaSdin
Weftrmnjler^ at any time hereafter before the feaft of the afcen- tbefi«r-<iMM-
fion of our Lord,that (hall be in the year of our Lord God. M. D. ^*
and V. and there make ^ny fufficient proof and lawful title of
their own offer, or by other means, before the fame feaft^ tp
have any manner of duty and impofition qf and for any manner
boat, trow, or other veflel aforefiud, or for any merchandifes
or goods in any of the'fiune carried and conveyed in and upon
die laid river and water of Severn^ and the fame proof and title
by the faid council admitted, and decreed before the fame feaft
to be good and available to the party or parties that fue for tho
fame; that then firom thenceforth aficr fuch proof and title
(hewed, andfoby the faid council admitted, and by them before
the fiune feaft decreed to be good, thofe perfons havmg fucb law*
fill title ipay and (hall have, from the time of t^t decree made,
all manner fuch dtities of every of the King's liege people fo car-?
ijins or conveying any boat, trow, or other v^uel, in and upon
toe Uid water of Severn^ according to thdr title and right fp
^proved and decreed, after the manner and form of the faid title
and decree ; this prefent aft, or any thing therein contained ix^ »} h. 8. c.ss.
any wife notwithftanding.
CAP. XIX,
No^ ihoemaker (hall occupy the myfliery of a eurrier, nor cur- Rq>. 5.E1.CS.
rier (hall occupy the myftery of a (hbema^er. (2) No fanner « J*^ *• ^- **•
ihall put a hide to fa}e before it be (UfHciently drjfed.
CAP, JCX,
H^rits 9ferr^^
PRAYEN the emrncn; in tbisprtfent pe^Hamem aOemUedy Tbat A «»^™^
ftAere at aparUament holdea at Weftminfter, tn the third year j|^ ^Th; 7!
tftbi reign of eur fwerngn krd the king that new iu by the advict c.io. toucbine
tftbi krebjphritual and temperate and the cemmens^ in the fame, par^ cofti awarded
uamemt aJ^mUed; and by authority of thefamoy it tvas ena^ed, or- ^J^^f^^^^Z
daijud^ and efiablijbed^ among other tbif^gs^ That if any defendant or ^'^JjJ^ f*,
tenantf defendants ortenantSj or any other thatjball be bound by any eth a writ of
judgment^ fuOj afore execution had^ any writ of error to reverje anj error*
fueb jitdgTnentj m delaying of execution of the party^ (2) that then if
the fime ju^ment be affirmed ^oodin the faid writ oferrory andnot /r-
roneeus^ or that the faid writ of error be diftontmued in the default
ef the party^ or the perfon or perjins tbatfieth the writer writs of
error be nonfidted in the fme^ that then the faid perfon orpeHontj
again/1 whom the faid writ of error isfo fued^ JbdHreewer bis cons and
H ? amaie 1
ioi Anno decimo nono Henrici VII. hs^S^
damages for his delay and wrongful vexation in thefame^ hydiferetion
rfthe juftices afore whm thefaid writ of error isfued: (3) which
aif or ordinance hath not been as yet du^put in execution^ byreafon
whereof as well plaintiffs as demandants^ in divers anions h them
fuedfith the making ofthefaidflatute^ have been oftentimes delayed of
their execution^ to weir great and importable hurt ^lofsj and charges:
(4) Wherefore the King our fovercignlord, by the advice ofthc
lords fpiqtual and temporal, and the commons, in this prefent
parliament aflcmbkd, and by authority of the fame, prdamcth,
eftablifticth, and enadteth, That the faid aft made the third year
of his rcign, concerning the premiffes, be good and eSeftualy
; and that from henceforth it be duly put in execution,
CAP- XXI.
Silk-works. ' -
Certain things TIE it eftabli(hed, ordained, and ena<^cd by the authority of
fik°"^**\°^f 1 **^ prefent parliament, That no manner of pcribn fifom
to be brought henceforth bring, or caufe to be brought, into this realm of
into this England to be fold, any manner of iilk wrought by itfetf, or
realm. viiih any other ftufF, in any place out of this realm, in ribbands,
wil,7*»o- laces, girdles, corfes, calles, corfes of tiffues, or points, (2)
upon pain of forfeiture of all the faid ribbands, laces, girdles,
corfes, calles, corfes of tiiiues and points, and every of them, in
yrhofe hands foever they be found, or the value of the fame;
the one moiety of the faid forfeiture to our fovereign lord the
King, and the other moiety thereof unto any of the King's fub-
JecSts that will feife the fame, the which to do, it (hall be lawful
Jo every of the King's fuWe<fts at all times. {3) And that it
ihall be lawful to every pcrfon, as well ftranger as other, to bring
into this realm from henceforth all other manner of filks, as
well wrought as raw or unwrought, to fell at his pleafure, any
acftsiDr aft of parliament heretofore to the contrary made in any
wife notwithftanding. ^4) And that it (hall be lawful to an
I3H. fcj. perfons that have any fuch ribbands, laces, girdles, corfes, cal-
^i^Ed^ ^c ' ' corfes of tiffues or points, wrought beyond the fea, bought
*R.3.'ctio.^* and brought into this land by the King's licence, and to be
1 H. 7. C.9. fold, tQ malce fale of the fame, and every part thereof, and to
i3& i^Car«4. have licence and liberty thereto, until the Feaft of Bentecofi^tbzt
f''3« Ihall bein the year pf our Lord M,D,v.
CAP. xxn.
A repeal of a former ftatute 4 H. 7. prohibiting men of QjAwj to
be fadtors for merchants ftrangers in England.
CAP. xxiir.
For the merchants of the hanfes.
Gff. madcin T^^ *^ ordained, cftablilhed, cnaAcd, and provided by the
derogation of Jlj King our fovereign lord, by the advice of the lords fpiri*-
the mcrchantt tual and temporal, and the commons of the fame, in this pre-
y" Jdfihill be ^^^^ parliament affembled, for merchants of the banfeof y//m^i/y
wealed. having the houfc in the city of London^ commonly called Guill^
baUda
1503O Anno clecimo nono Henrici VIL xoj
ballda TeutMtcarumj that by the authority of this faid parliament
every adt^ ftatuto^ or ordinance, ads, ftatutes, or ordinances
heretofore made, concerAing merchants, merchandifes, or
other wares, extend not to the- prejudice, hurt, or charge of the
fild niMthants of the hanfe, contrary to their ancient liberties,
privileges, free ufages^ and cuftoms of old time granted to the
(aid merchants of the hanfe, as well by the King's noble proge-
nitors, and ratified and confirmed by the King's grace, as by
authority of divers parliaments ; (2) but that all fuch a6l, flatute,
and ordinance, a£ts, ftatutes, and ordinances fo made, or to
be made, in derogation of their faid liberties, privileges, free
ufages, and cuftonis, (land and be, as againft the faid mer-
chants and their fucceflbrs, and every of them, void, repealed,
adnuUed, and of none effedt } any a£t, flatute, or ordinance, ,
a6ts, ilatutes, or ordinances to the contrary made or to be made
notwithftanding. (3) Provided alway. That this ad, or any This ftatute
thing therdn. contained, extend not, or be in any wife prejudi- ^jjc^^ijJ^J
cial or hurtful to the mayor, (heriffs, citizens or commonalty b^rties of
of the city of London^ or an^ of them, or the fucceiTors of any London. .
of tfiem, of or for any entries, liberties, privileges, franchifes,
or other thing to them or any of them given or granted by the
King's mod noble progenitors or predecefTors Kings of^ thi3
realm, or by authority of parliament, or otherwife; this pre*
iient aft or any thing therein contained notwithftanding.
CAP. XXIV.
Far bcUin^ the Jhire-caurt ^/Chichefter andJjs^t^
IN CMfidirattm that the Jbire-murt of and for theflnre of SuiJex
is bila and kipt in the iity ^Chichefter, wbiih is in the extr earn
part of the fame flnre^ the fame Jhire being \$x. miles inlmgtb\ by
reafon wbereof divers and many oftbe Kin^s fubje^s^ inhabiting
thatJInrej are fometimes outlawed^ andfometimes lofe great fums of
money in tbat court ere tbey have knowledge thereof to their utter un^
doing : (2) Be it therefore enacted by the authority of this prefent where the
parliament. That from the Feaft of Eajler next coming, the (hire.court for
fhire-court for that (hire (hall be holden and kept one time at the county of
Cbichefter aforefaid, and the next time at the borough of Lewes^ Suflcx ihall b«
which borou^ is in the midft of that (hire, and fotobe kept ^^^^*
altemis vicibus for ever; (^} and every (hire-eourt holden to the
contrary hereof, and all things therein dooe, to be void.
Here ind the Statutes of King Henry /i^^ Seventh.
H4 ' \Am
104 Anno primo Henrici VIII. [i509«
Anno prim H E N R I C I VIIL
Statutes made at Wefiminfier^ in the firft year of
King Henry VIII. andin the year of our \mA
1509.
THE King our fiver eign hrdUmrytbe Eighth after the conquifiy
by the Grace ofGdJKingofEngUnd an4 ^France, ixd
lord £/* Ireland, at hts parliament holdenat Wcftijiinljct the one and
twentieth day ^January, in tbffrjiyear of his moft noble riign^ af-
ter the prorogation^ to the honour of God and of holy churchy andhr
the common weal and profit of this realm^ by the ajfent of the lords JhU
ritual and temporal^ andcommonSy in this prefmt parUamenI affemiud^
and by authority of the fame y hath done to be ordained^ maaeand /w-
a&ed^ certain ftatutes and ordinances^ in manner and form following.
CAP. I.
1^ A repe^ of an ^St ipa^le Jnno 8 if. 6. c^2. prohibiting the Kind's
^' fubjedts to repair into Denmark ^d Iceland^ favii\g tQ me
. to>irn of Northbarm*
CAP- n.
Exp. t/H. s. The King nor any other (hall take advantage of the penaltict
f*^^- limited by the ftatute of i R. 2. c.S. touching the makiqg
of feveral forts of cloths before the next parliament.
CAP. m.
All acquittances made by John Heron^ general receiver of the
Xing*s revenues, fliall be a difcharge againft the King«
and John Heron (hall (land chargeable to others havit^ tnter->
eft in receipts. To endurf onfy to tie next parliament,
CAP. IV.
Exp. itEI.c.5. Al! adtions, Vc. for the King upon any penal ftatute (hall b^
ti^l.,c.5. taken within three years after the offlpnce committed, and
for any other perfon within one year, Tp endure to the next
parliament! .
CAP. V.
ji repeal of the (tQ ma^e^ that no man enter goods^ but in
the o^ner*j name^ in the cuftomers books.
The penalty TX7HEREAS at a parliament hotden at Weftminfter, in the
for culloming W thirdyear of the reign of King Henry the Seventh^it tuasor^
|^^» ^5>^«- dainedandejiablijbedby the authority of thefamoy Thatnp manner of
lofcth\is dur ^^r chanty denizen orftranger^Jhomd take upon him to enter ^ or caufe
ty . to be entered in the books of any ai/lomer of any port within this realm j
any manner of merchandijes coming into this hisjaid realm^ or going out
of the fame^ in any other merchonfs name^ faving only the name of the
merchant owning the fame upon pain of forfeiture of aUfucb goods
and tnerchandtfes fo entred\ (i) and every of the /aid ntircbants^
which foJhaU take upon him to caufefuch untrue entry to be madtj to
have imprifonmentj and to make fine thereof at the king's pleafttre:
I ^ulftr. »i. (j^) it is new by our foveteign lord the Kxng^ and his kr^ fpiritual
^509.3 Aimorprimo HsNRiGi VIH. 105
and temporal^ and the commons^ in thntuknt parliament ajfembled^ The intent
tveUcbnfidmng^ that the intent andcauje of the making ofthe pddfta' ^^^^^
tute was only^ Jirafmub^aslytbefubtiliealingoffmeY^^ xht Azit^^
eokurabfy entering in their own names the goods ojf merchants Jirang^ 3 H. 7, c.7.
ersy the Kin^s Highnefs was deceived in his cuftoms^ and that the
/aidftatute was made for none other caufe ; yetforafmuch as the words
cf tie find Jiatutp were general; it was extended as well unto the goods
if an EnglUhman entered in the name of me fther Eng^ifhman, as
to the goods ofaflranger entered in the name of an Englifhman, to
OJLf x\ IS uicrerurc uraaincQ) cuaDiiuioa ana cnacica oy uc au- a meal •£
thority of this pr^ent parliament. That tl^e a£t afore rehearfed, the laid
made the faid third year, and all things contained in the fame, ^^te.
be from henceforth repealed, adnulled, utterly void, ^nd of none
tSeSt.
III. And furthermore, be it enaAed by our fovereign lord the One A^/jfA-
King, the lords fpiritual and temporal, and the commons, in «Mnrmaj cuf^
this imfent parliament aiTembled, and by authority of the&me, ^JSlFilf '**
That it (hall be lawfiil from henceforth, that every Englijbman^ SwSXname,
and all other the King's fubjeds, may in every port or haven
within this realm of England^ Ireland^ and tVaUsy and the mar-
ches of the fame, and in the town ci Berwiciy where it (hall
happen any merchandife to arrive, or to be charged and carried
out, to cuftom in his name all manner of goods and mer-
jchaodife of another Englijbman^ox the King's fubjeAs.
IV. And in like form, every merchant ftranger to ctillom in ^ merchant
his name any goods or merchandife of any other merchant cuitom^g^S
ifa^anger, fo that the faid merchant ftranger that cuftoms the in zna&ir%
goods of another merchant ftranser, and the very owner or pro- name,
prietary of the fi;ood$ fo cuftomed, be charged with like cuftom, ' ^®^» ■♦S»
fubfidy, and omer things, fo that the King's Grace be not de- '^
fraaded of his right.
V. And if any merchant ftranger or denizen, or any other Thepenalhr
••' ----- - --.-- ^ for cuAoming
'the
. ^lifeth
other his right or duty, that then the faid merchant ftranger or hit cuftom.
denizen, or any other the King's fubjeft that fo taketh upon him '^ 5S^
or them, to forfeit to our (aid fovereign lord the King the goods ^^^SSljS. *
or merchandifes fo cuftomed; and over that, to forfeit to the €.»»•
party or parties in this behalf grieved, as much money as the
gooas or merchandifes of the merchant ftranger, denizen, or
other the King's fubjeAs (focauteloufly cuftomc^d) amounted
unto.
VI. And thtit no citizen of London^ or other the King's fub- Nbwinetftee
jeAs, inhabiting in the cinque- ports, or any other being free of o^prifsgeyQfr.
prifage or butleraee of wines, by grant, cuftom or otherwife, 2^*^*"*"
cuftom no wines of any perfon or perfons not being free of any *
prilaM orbutlerage.
V&« Andif any perfon, free of the faid prifage or butlerage,
fo
lo^ Aubo primo Henrici VIII. {1509.
fo do, that then the (aid per&m or perfons (that &> do) forfeit to
our faid fovereign lord the double value of the prifage of the
£ud wines fo cuttomed.
, ^ VIIL And further. That it be lawful to any perfon or pcr-
' fons erieved contrary to this aA, to have an action of debt
againft every perfon or perfons that fo cuftom the goods or
merchandifes in his name, ^nd not in the owner's name^ of the
fum or the value of the faid merchandifes fo cuftomed and for-
feited $ in which adtibn none efToin nor protedUon ihall lie, nor
I EL c. ii« the defendant to wage his law.
CAP. VI.
4 Drit 41. A repeal of a ftatute made Jnno 11 H. j. c. 3. giving authority
to juftices of aflife and juftices of peace in their fi^ons to
hc^ar and determine all offences and ccmtempts committed
againft any ftatute in force, faving treafon^ munler, or felony.
CAP. VII.
For coroners.
A rehearfalof TX7HEREAS by ajiatute made at Weftminfter the third year
-5 H. 7. c. I. VV of King Henry the Seventh^ it was ena^edy That a coroner
touching the jj^n ^^^ jj^ his fee ^ upon every inquijitipn taken upon the view of
ccio coro- ^^ bodyjlain andmurdereSy thirteen /hillings j four penccy ofthegooas
end chattels of him that is the flayer or murderer \ (7.) where by the
common law a coroner had not^ or ought not to have any thing for
sers<
that they will not inquire upon the view of the body fo by mifadventure
jlain^ except they have for their labour thirteen Jhillingiy four pence^
which is contrary to the common law^ and alfo to the ftatute of ore re-
hearfed\ whereby great inconvenience doth daily grow to the King*s
fuhje£lSy forafmuch as oftentimes the perfon that isfo by mifadventure
Jlain lieth long above toe ground unburied^ to the great noyame of the
No fee due to Ktn^s liege people : (4) wherefore the King our fovereign lord,
a coroner by the aflents of the lords fpiritual and temporal, and the com-
pel^ iT^ain ^^^^* ^^ *^* prefent parliament aflembled, and by authority of
by mii^ven- the fame, ordaincth. That upon a requeft made to a coroner to
ture. come and inquire upon the view of any perfon Hain, drowned,
f Ed. I. c. 10. or otherwife dead by mifadventure, the faid coroner diligently
t8E4. s» c. ^. (hall do his office, upon the view of the body of every fuch per-
fon or perfons, without taking any thing tnerefore, (5) upon
pain to every coroner that will not endeavour himfelf to do his
office, as atore is faid, or that he taketh any thine for doing of
his office upon any perfon dead by mifadventure, tor every time
forty fliillings,
Juftices, &c. it. And that the juftices of affifes, and juftices of peace with^
roav inquire of in the county where any fuch default of the coroners be, have
miM th^" authority and power to mquire thereof, and determine the &me,
faults of ^ well by examination as by prefentment.
CAP.
1509*] Amu) primo Henwci VIII. 107
CAP. VIIL
7be aS ofifcheatcrs and commiffumers.
FORASMUCH as divers of the Kin^s fubje^s lately have been '^e oluCc pi
fire hurty troubled^ and fime dijherited by efcbeators and cm-- JJS^S ^"
mJJvmerSy caujing untrue offices to be founds and Jometime returning
into the courts of record offices and inquifitions that were never founds
and fonutime changing the matter of the offices that were truly founds
to the great hurty trouble^ and dijberifon of the Kin^s truejubje^s^
that Bke before time hath not beenfeen in this realm : (2} wherefore No office ftall .
be it ordained, eftabliflied, and cnafted in this prefent parliament, ^ returned
and by authority of the fame. That if any efcheator or commif- Jh^^Khfrt
fioner hereafter return or put into anv of the King's courts any ip- courts, but
quifitionsor offices concerning lanas, tenements, or otherwhere- whicli is found
ditaments, not found norprefented by the oaths of twelve men, ^ * i"'y-
and indented, and by them fealed, that then the fame efcheator ^catorw
or commiffioner forteit for everv fuch office or inquifition fo re- commUnoner
turned, and put into any of tne faid courts, an C. li. to the muft have.
party or parties grieved by any fuch inquifition or office: (3)
and that from henceforth no efcheator, ne no man fit by virtue
of any commiffion, to inquire of lands, tenements, or other here-
ditaments, except he, or other to his ufe, have lands, tenements
or hereditaments, of the yearly value of xl. murks, above all char^
ges and reprifes, upon pain of xx. li, (4} And that it ihall be law-
hil for all perfons that be not fufficient of freehold in pofifeffion
or ufe at the time of any fuch commiffion to them delivered, to
refufe to fit and inquire by virtue of the fame commiffion.
II. And that they, upon procefs made againft them out of the
King's exchequer by virtue of the fame commiffions, to be
difchurged upon their oaths for their faid non-fufficiency, with-
out fine or fee.
III. And that every efcheator and commiffioner (hall fit in ^he eicheator
convenient and open places, according to the ftatutes hereto- ihall fit in an
fore made: (2) and that the faid efchcators and commiffioners open place,
(hall fuffcr every perfon to give evidence openly in their pre- andfufterevc.
fence, to fuch inqueft as (hall be taken before any of them, upon ^v^cv^dcncc.
pain of xl. li.
IV. And that no (heriff, nor other perfon, which (hall or 3^Ed.3.c.i).
ought to return writs or precepts, return before efcheators, or i^^SA. s.ci}.
fuch commiffioners, any perfon or perfons to inquire of ^"^y J;^?lfj^S'^'
lands or tenements, except every of the fame jury fo returned, thofe jurors
or other to their ufe, have lands or tenements of tne yearly value muft have,
of xl. s. within the fame (hire where the fame inquiry (hall be which be re-
made, without fraud or coUufion, above all charges and reprifes, turned to find
upon pain of forfeiture for every perfon fo returned C. s. (2) T^duiy^muft
And that the jury that (hall be fwom before any efcheator, or recdve the
fuch commiffioner, to enquire of lands, tenements, or other counterpane
hereditaments, (hall receive the counterpane of the office or in- f^^?^^\
quifition that by them (hall be prefented, indented, and fealed |2I'veitw?th
by the efcheator, or by fuch commiffioner, and the fame deliver the firft \
and fuffer to reft in the poflTeffion of the firft perfon that (hall be
fworn in the faid jury, with him to remain, to the intent that
the
io8 Anno primo Hemrici VIIT. [1509*
the laid commiffioner or efcheator may not change nor ixnbez-
zle the faid offices or inquifitions ; (3) and this to be done upon
pain of every of the bid perfons that {ball be fwom, xz. s. ^4}
Ah efcheator and that every efcheator and commiffioner, QaAcr a iuiy ac in-
«»^rcceivc q^gj^ before any of them fwom, be ready to give their verdid
bj^^ur?. ®r prcfeotment, and offer to prefent the &me) that the (aid cf-
^ cheator or commiffioners, or part of them, (hall receive the fame
Verdi6k without further delay, upon pain of C. li. (5) and
deliver the counterpane of the indenture to the juiyy in form
An officer of above rehearfed upoiv like pain. (6) And that if the clerk of
the chancery the petit bag of the King*s chancery for the time being, or his
aur^oSfition ^^P^ty ^^ deputies, or any other officer there having authority
found •ffered to receive any fuch office or inquifition, to whofe hands any fiich
unto him, and office or inquifition (hall come, which ought to be returned into
put it on the the faid chancery, will not receive the fame office or inquifition^
2}j^'^ ^ ^ ^ and put it on the files to remain of record, within three days af*
sh'^6. c'i6.' tcr it be received or offered to him to be received^ he to forfeit
iSH. 6. €.7. for every fuch default x1. li. (7) And the commiffioners or
efcheator before whom the fame office or inquifition is found,
and (a$ is aforefaid) offered to be delivered into the chancery^
to be difchai^ed of the penalty of xl. li. limited by ftatute for
officera of the '^o'^'J^'cturning of the fame office or inquifition within the month;
^h^Luer W ^"d that the like law and penaltv be to charge the officer or
muft receive officers of the King*s exdiequer for tne time being, which ou^c
offices found to receive inquifitions or offices returnable into the fame ex-
unto^Srau^ chequer, for rcfufing fo to receive them ; (o) and that the com«
miflioners or efcheator, before whom the (aid Inquifitions or of-
fices be found, be difcharged of the penalty of the ftatute fot
non-returning of the fame inquifitions or offices, fo that then
the faid efcheator or commiffioners, at anytime after the month
of any fuch offices before them or any of them taken, within
another month then next enfuing, return the faid office into the
A tranfcnpt chancery or exchequer, as the caufe (hall require ; (10} and that
of an office^ the faid clerk of the petit bag for the time beine certify, or caufe
ihajl be ccrti- to be certified, the tranfcripi of every fuch office orinouifition,
excheqoer. ^^^^^ before any commiffioners or efcheator, to the'Kmg's cx-
NoneAiallbe chequer the next term following the receipt thereof, upon pain
efcheator a- of forfeiture for every fuch default C. s. (ix) and that no man
• hove « year, be compelled, afler the feaft q{ All Saints next coming, to oc-
cupy nor exercife the office of an efcheator by any one patent
over one whole year; (12) and that he that is once efcheator^
(hall not be maae efcheator again within three years after the
The penalties forefaid whole year ended. (13) And if any efcheator after the
of the oiiVrnd- ftzHof All Saifits be made efcheator, or exercife his office by
m, and who reafon of one patent over the time of one whole year ended, or
^nlfi^of* be made efcheator within three years after, as is afore faid, that
them^and by ^^^^ ^^^^^ ^^^ f^id wholo year in form afore faid ended^ his pa-
whac meaoi. tent fo made to be void and of none effeA ; ( 14} and that the
party or parties fo grieved, (hall have his or Uieir recovery of
every the faid forfeitures of one C. li. by action of debt, (15)'
in which action the defendant (hall not wage l^law, nor he by
protedtioit
1509*] Aimo.pmxioHBNRlci VIH. 109
proteSScm nor cfToii^ f^c. ( 16) And the refidiie of the othar
forfeitures expreiled in this prefent adV, the King (hall have the
onrmoiety thereof, and the party that ^riU fue therefore by aAion
of debt the other moiety i and the defendant (hall have no other
delav, butas is aforefaia.
V. Provided alway, That this a£t concerning efctieators for ^^^ mxfht
exerci(ing of their office over an whole year together, and letters efcheators a-
patents or grants made or to be made by any efcheator for term bove one vcar .
of life, or (or years, or otherwife, extend not, ne be prgudicial *"*^ ^y *****
to any efcheator diat now is, and that hereafter (haU be made "***'^
and ordained in any city or town corporate, or in the dutchies of
Lancqfter^ Ccmumly and the counties palatines of Lancajler^
Chefter^ Durham j or Efy^ or to, any other coun^ paladne within
the realm of England^ Wicdes^ or the marches <^the (ame ; or to
any efcheator made, or hereafter to be made, by any pcrfbn or
perfons (piritual or temporal, having authority by rea(on of any '
firanchifes, liberties, privileges, prefonptions, or g^t, to depute
or make any fuch efcheator in the fame.
VL Provided alfo. That this a£t, as to any penalty in the in what placet
fame concerning the fuilicieiky of efcheators and jurors afbre« the foitiuid
faid, extend not, nor be prejudicial to*any efcheator ia city or ftjjBciency of
freehold m
or
towns corporate^ ne to any other efcheator made, or hereiifter to ^^JJJ^" ^
be made, by any perfon or perfons having privilege to. make juronis not^
efcheatiM^ for inquifitions of lands, tenements, or hereditaments, neceffary •
(2} ne to any (heriff or baili|f, for returning in any pand any '
perfon or perfons before any of the faid efcheators, t>t iefs value
than is contained in the ^id a^ft ; the efcheator of the county
palatine oiLatuafier and Chifitr in this provifo only fdreprifed
and excepted.
Vn. Provided alfo. That this aft extend not, nor be prgu^ Juftices of
dicial to any juftices of the peace^ for any thing done concern- peace fliall not
ing the commifTion of the peace. ' . ^ prc)udiiccd
VIIL Provided alfo. That nothing penal contained in this Z^^^^
prefent aft takjt effeft before the feaft of Eafter next coming % and made
and this aft to endure to the ne^^t parliament. perpetual by
X H. 8« c. V
CAP. IX
The lord chancellor or lord keeper may apjpdiiit two, three, or
four perfons to receive toll or cuftom, and to imploy the fame
upon the repair of the bridge otStanes in the coun^ of ASd^
mefex^ and to yield accompt thereof.
, CAP. X.
An Mt U Marge aftatute for the traverfe of lands feifed
into the Kin^s bands before efcheators.
WHEREAS ^ a Jlatute made^the eighth year ef the reign ^ArehearTal of
Ki^g Henry the Sixths it is ordainedj among ether things^ the ftatute of
that ne lands^ and tenements feifed into the King's hands upon ^ucWm i^-
hiuejls taken afore the efcheator or cernmifjimerSy fhcil in no wife be tmgto fcrm*
}et or granted to ferm by the chancellor of England, or any other landi feiied
officer of the IQn^s vfbatfoever he be^ till the fame in^uefts and ver- into the
no AnnopfimoHENRici VIII. iiS^
upon an in- £0$ bi ritumii plainly into the cbancer^ orwUthe iMchequer ; (2)
queft of office. ^ thataUfucb lands and tenements /ball abide wholly andamtinuallf
In the Kings hemds^ until the fame inquefts and verdiiis be returned^
(3) but it befo^ Tlxit he or they that be grieved by the fame infuejby
^put out ef their lands and tenements come int^ the chamery^ and
9ffer totraverfe the fame inqueftsy and offer to take the fame lands and
tenements to fermy (a) and if they dofo^ then the fame lands and
' tenements be eimmttedunto them^ if they /hew good evidence proving
their traverfe to be true and find furety afttr the form of the find
ftatioe^ as hi the fame flatute more at- large appea^eth.
n. AhdnrntfitManding the faiiftatutej Sv^t efcheators and eam^
mffioners^ which have taken fuch inquefts after the death of the King*$
fubjetts^ of their covin, to the intent to put them that hadcaufe of
traverfe to the verdilfs of the faid inquefts from the form of the pre^
mj/tsy would in the time qf vacation put into the chancery or into the
9xchequer^ their fcdd office by them taken, becaufe the month fbould pafs
irfaretbe bepnmng of the term nent enfidng, by reafon whereof they
that/hould rf right have theferm upon their traverfe acceding to the
' true^ intetd ofthefaidftatute, were put from the fame ferms contrary
to right ana good tonfcience.
lands Anied m, Formnedy whotof beit ordained^ ena6ted, and cftat-
Knff'thandt WHhcd by authority of this prefent parlkutient, That from
upon in in* hencefoTtA, after fucn oflke found afore any efcbeater- or com*
2ueft of offiee, miffioner, and put into chancery or the exchequer, if any per-
lall be let to fon or peffona which will tender a traverfe to the faid ofBoe, and
thaTtenderetb ^^^^ to have the lands contained in the fame olfioe to ferm,
a traverfe to >nd findcf h furety, and flieweth evidence to the chancellor of
the fame with- England fcA- the time b^ing^ according to the.ftatute afore re*
in three hearfed, com^ into the chancery within three months next after
months, ^j^^ fyj^^ ^f^^ f^ p^^ j^^^^ ^1^^ cnantery or exchequer, that he be
then by the fiid chancellor diereto admitted ; (2) and that then
all other pat^ts or grants hereafter to be made thereof within
36 Bd. 3. 0.13. the faiid three^months ended, be void and of none effe6^ ; the
8 H. 6. c. 16. tad ftatvte madie the eighth ye^ of the reign of King Henry the
18 H. 6, c,6,7. fixth, or any other ftatute made to the contrary notwithftanding.
CAP. XI.
£XP, I'b^ flatute made Jnno tx H. 7. c. 24/ which giveth attaint in
•3 h/s. c. 3« certain cafes againft the party and petit jury, continued until
the next parliament.
CAP, XII.
EXP, Untrue inquifitions found in the reim of King Henry the
Seveitth, t)]r the procurement of Richard -Empfoh and Edmund
Dudley, intitling the. King to tenures in Capitc, may be tra-
verfed by the parties, though they have lued liveries, and
their livery (hall be no conclufion.
CAP. XIII,
BXP, The ftatutcs of 17 Ed. 4. c. i. &* ^i/. 7. c. 23. inhibiting the
tranfporting of money, plate, or jewels (iaving for the penalty
of felony) (hall be continued umo the next parliament.
CAP.
151 x-j Anno tertlo HfiNRrCl Vin. lit
CAR XIV.
A repeal of all former ftatutes made againft cxcefs of apparel ; Rep. i Jac.t.
and what kind of apparel' men of all degrees and callings are ^« ^^-
allowed, and what prohibited to wear.
CAP. XV.
All aifiirances made to Richard Empfin and Sdmwul Dudley^
attainted of. high treafon, of land tothe ufe of others, ihall be
void, and their joint fedffees ihall ftaod feifed of the whole.
But this ftatute ihall not extend to the knds of Rfibtrt RatcUff
lord fftzwaier*
Statutes made at Weftminjier Anno 3 He n. VIIL
2xA Anno iiom. 1^11.
THE King ourfovereign lord Heniy the Eighth after the cm*
queft^ by the grace of God King j/^England and ofFlnLnce^
and lord ^Ireland,, at his parKameht holden at Weftmmfter the
fourth day ^February, in the third year'of his mojl noble reign^ t&
the homttr ofOod and hofy church, and for the common weal of id pro*-^
fit of this realm, by the ajfent of the lords J^iritual and temporal, and
the commons, in thisprefent parliament af/emhkd, and by authority of
the fame, hath done to be made certain Jiatutes and ordinances^ tn
maimer and form following.
CAP. I. ^
Eviiry pcrfon that (hall carry over the ica any money, plate, and e XP,
jewels, f^c. ihall forfeit the double value. To endure to the
next parliaments
CAP. 11.
The ibtote made Anno i H. 8. c. 8. concerning efcheators, com-
miilioners, finding and returning of oiHces, rehearfed, con-*
finned, and made perpetual.
CAP. III.
All ibrts of men under the age of forty years ihall have bow^ Confirmed by
and arrows, and ufe ihooting ; certam perfons excepted, bfCf 6H. s. c. %.
(2) unlawful games ihall not be ufed. * ^^^Lg^c^^
CAP. IV. " ' ■'''^*
Every pcrfon that is or ihall be in the King's wars beyond the piowd. ft93,
ica, or upon the fea, ihall have a prote6Hon of Profeiturus, %^.
or Moraturus cum claufula Vokmus , (2) and he may aliene his Raft.pLf.45).
lands holden in Q^te without licence ; and if he die in that ♦ ^ 7- c« 4*
iervice, his heir within age and in ward, (3) his exebutors, J^ j' ^' ' **
feoffees, or aifigns, ihall have the wardiUp and marriage to«
ward the performance of his will.
C A P. V.
An^ aS for payment of wages to foldiers.
FORASMUCH as the King ourfovereign lord intendeth, by the Ex edit. Pule.
grace o/God^ to fend over the fea a great army, trujling thereby, 6 Co. %j. a
1 12 Aiuio tcitio Hemrici yilL i^Sit^
Thepenaldet mi dfffy U frifirw ibis bisnalm m its ancient f ami and honour^ ka
. . ^w to fit sn ptrfe&PMU and trwmiUty Hsfitbje&s cfthefium^ and
the numSwof '^^'^''' ^ bidifpofid toferve God: (2) howbeit^many times by the
1\2P|±. ^fi!^f^
forabndj
foldiers, or inordinitte cevetmjnefs of captmns retained witb primes afire this
detaining time^ great part of tbe number of fild^erSy for x/ubomfuch captains
th«r s^ei I ^g indented with princes at time ojneed^ have hukii of the manbtr
JS^wdepart. ^ffi^^h wbereby great jeopardy hatb enfuedj and irrecuperabU da-
ing, iecT^' iftages may enfuoj if remedy therefore be not feen and had: {f^ be ft
The peril en. therefore drdained by audiority of this prdent paniamenty
fuingof cap- "phat if any captain be retained, (mt hereafter (hall be» to ferve
SSr m£l tbc.King on the fea, or beyondtheYea in feat of war, wKch have
number of not his or their whole ana perfed number of men and ibldiersy
foidierM according as he ihall be retained with the Kin^, or give not
Ihem their full wages, without abridgement, as he (hall receive
oi the iUn^ for them : he jhall for fuch defaidt forfeit to. tbe
A cantaiA King all his goods and chattels, and their body to prifoQ. (47
5!«1* h*y« ^ And that every captain, petit captain, and all other having under
Sd SvS'em ^^«» relmx^ of foldier or (bldiers at the Kane's wages, fhaU
all tbnr wages, (upon the pain afore(aid) pay to the retinue of foldier or foldiersy
and every of the fame, the wages rateably as is allowed unto
them by the King our (bvereien lord, or the treafurer of his
wars, without le(rening or withdrawing of any part thereof : ^5)
and for as long time as they (hall receive wages for them, tois
payment to be made unto the faid retinues, every foldier of tbe
lame, of their captains, and petit captains, alwa^^s within (ix
days next and immediately after that the faid captain, petit cap->
tain, or other, (hall have received their wages of the King, or
of thetreafurer of his wars, or of their lords or mafters.
It is felony (or II. And if any foldier, being no captain, immediately retained
a foldier tode- vrith the King, which hereafter (hall be in waees, and retained^
out Ucence. " '*'^^» ^^ beyond the fea, depart out of the King's fervioe, wirh-«
out licence of the Kin^s lieutenant there, that fuch depanlng
be taken, deemed and adjudged felony : and that he fo offend-
ing fuffer for the faid offence, punimment and execution of
fcloiw.
Juftlces oF III. And forafmuch as his offence (Iretcheth to the hurt and
peace mav en- jeopardy of the King our fovcreign lord, the nobles of the realm,
^"dd ^t^' ^^ ^ *® common Weal thereof, that therefore he or they fo
Seieoffc^esr off^'^ding Tnot being within orders of holy church) enjoy not the
benefit of his clergy, fi) And that it be ordained by the (aid
authority, That the junices of the peace to every (hire of Eng-
land where any fuch offenders be taken, have power to enquire
of the faid, offences, and the fame hear and determine, as they
do and may do of felonies, trefpafles, and other offences ex«
Eefled in the Kine's commi(fion to them made, as thou^ the
id offences were done in the fame (hire : (3) And sdfo ^at the
faid departing of fuch foldiers, and al(b their retainers, if it be
traverfed, be tried in the fame (hire where diey be fcH*. fuch.
caufcs arrefted and arraigned.
1 151.] Arino tertio Henrici VIII. 113
IV. Provided alway, That no captain be charged by this zA The captain
for lack of his number retained, as is abovefaid, whofe foldiers ^^^ ^L^f'u-
ihall happen to die, or otherwife depart, not in the default of ^j^Jf^ jf^^'*
the captain ; fo that the faid captain, if he be at land wages, depart from
ihew the departing or lacking of his foldier within ten days after bim.
the lacking of the faid foldier, unto the King's lieutenant there, ^
and to the treafurer of the wars : (2) or if the captain be at the
fea- wages, if he ihew the departing or lacking of the foldier (o
lacking, to the admiral of the navy where he is retained, at the
next meeting with the faid, admiral, (i) Provided alway. That
this ad;extend not to any captains or ioldiers, that now be, or rj^i^ j^l^ ^^
hereafter (hall be retained within the towns of Calais^ Hammes extend to the
and GfdfneSy Rifebanky Berwick^ and tValfSy or any of them, and houfliold rer«
the marches of the fame. ' vanu of a
V. Provided alway. That this a<ft benot prejudicial nor hurt- ^^h*6* c t •
ful to the faid captains, petit captains, nor any other, having 7 H/y.'c. u'*
under them retinue of foldiers, nor any of them, for non-pay- 2 & 3 Ed. $[
ment of the King's wajges to their houlholdfervahts and other, ^-J*
to whom they (hall daily find and give meat and drink during 4«5"««Me
the faid fervice of war. ^ El, c, 5.
CAP. VI. ' -
The feveral duties of a breaker, keniber, carder, fpinner, wea^^ 5&6£d. 6.
ver, fuller, clothier, and aulnager, concerning true making, ^ 6.
drawing, and fealing of woolen cloths. To endure to the next '^\ ij* ^' *®'
parliament. 43 El. c ,9.
CAP. VII.
Jin a£ifor perfeSl working of cloths befofe tbey Jhall he car-
tied out of the realm.
WHERE at the parliament holden at Weftminfter the ninth day A reftraint of
^.^/November,/A..&W^^^^
lordy Ktng Henry thefeventh (whofe foul God pardon) tt wasjbewed doth before it
byjbearmeny fuller Sy and other artificer s^ that Jbould live and obtain be fulled, row-
their needy fujlentation by mean of drapery made and draped within cd, mom, &c.
this rialmy as well throughout the fame realm, as within the city of 7^*^*^' 3*
London, (2.) TTjat whereas in ajtatute made the feventh year of the
reign of King Edward the Fourth, amongji other it was contained^
That no perfon (denizen norjiranger) Jbould carry, or do to be car^
ried to any parts beyond thejea, any woolen yam nor cloth unfulled^
hut the woolen yam to be made in this reahnjhauld be woven in the
fame ; (2) and alfo all cloth within the fame made, Jbould be fulled
and fully wrought within thefame^ before that any of the fame Jhould
be had or carried out of this realm, upon pain of forfeiture of the very
value offiuh yam not woven, and cloth not fulled, had or carried out
of this reahuy (4) the one half of the fame forfeiture to be levied to
the ufe of the King, and the other half of that to him or them that.
Jhould efpy or make proof of any fuch yarn not woven, or cloth notfuU
led, carried to any place beyond thefea. ( 5 ) Audforafmuch as in the •
faid jlatute of King Edward there is no exprefs mention made, that
Vol. IV. ""I t}?e
1 14 Anno tcitio Henrici VIII. [ 1 5 1 1.
The inconve- thifaid ckthsjbouldbe rowed andjborn bifore that they is carried and
nicncics cnfu- conveyed out of this realMj whereby tbefatdpoor commons of the crafts
i>of tme*of * aferefaid might befet in labour and occupation ; therefore the /aid
cbeh imrowcd ^Itfths then were^ and yet been in great number and plenty carried and
and imlhonu conveyed out of this realm unromd and unjhorn into the parts beyond
thejeaiy as well by denizens as by Ji ranger Sy whereby outlandijb na--
tions with the fame dn^ery been Jet to labour and occt^iony to their
great inriching^ and the poor commons of the crafts aforefaid through
all this realmy which of natural reafon (as the Kings true Uege nun)
Jbould have and obtain their needy fuftentation and living by means of the
fame dr apery y for lack offuch occupation daily fall in great member
into idlenefs and poverty ^ to their uttermofi defiruSfiony ifitfimld
White woolcit then any longer continue: {6) whereupon our faidfovereign lord King
doth, &c. may Henry theSeventhy by the advice of his lords Jpiritual and temporal^
^^^^^l^ and at the prayers of the commons^ in his fatd parliament affembled,
by 5 H?i. c/3. ^^^ h (i^^rity of the fame^ ordained^ ejiablijbedy and ena^ed^ That
&23ti.Vc.i3* nofhanger nor denizen Jhould carry ^ or make to be carried out of this
realm any woolen cloths^ but that they before be barbed, rowedy and
Jbomunthin the fame realm for the relief and fettit^ awork of the
fend poor commons of the crafts aforefaid^ upon peon of the forfeiture
limited in the faidjlatute ofKif^ Edward, made upon cloth carried
out of this realm not fuUedy to be divided in manner and form as in
. the fame Jlatutes contained -^ (j)fo that cloths called VejfeSy Raysj
Sailing Cloths^ and all other cloths commonly fold at xl. s. or under^
3'H. 7. c. n. be not comprifed in thefaid a6l made the faid third year of the reign
ofourfaid late f over eign lord King Henry the Seventh ^ as by the fame
a6ls more plainly appeareth ; (8) and for lack of due execution of the
faid aSiSy little effeSt or profit hath followed or grown of the fame to
the laid poor crc^fmen^ being natural fubje^fs^ which for lack of work
ana occupation aatly fall into idlenefs and poverty,
Aconfirma- II. Be it therefore ordained, eftabliftied, and enabled by the
tk>nof the King our fovereign lord, and the lords fpriritual and temporal,
ft^utci ok jyjj ^g commons, in this prefent parliament aflembled, and by
if jH.'^'yfc.ii. J^uthority of theiame. That the faid a6ls and ordinances may
* * ' ' (land and continue in their full ftrength and virtue; and that
they from henceforth be duly put in execution according to the
tenor, purport, and effedt of the fame, and of either cithern.
(2) And that every perfon that will fue for the fame forfeitures,,
be admitted to his a(%on of debt, by bill or information in any
of the King's courts of record, where the fame may be deter*
mined after the courfe of the common law, and that the de-
fendant in fuch behalf in no wife be admitted to wage his law^
nor that any protection nor eflbin be in the fame allowable :
(3) ncverthclefs, for that the draping and making of futh cloths
called Ffjfes^ Rcyh Sailing Cloths^ and other cloths^ which, at the
time of making of the ftatute of King Henry the Seventh, were
commonly fold at xl. s. or under, the maker thereof and clothier
of times pafied, and now is, and hereafter is like to be at greater
charge about the draping and making of the fame, and alfo of
^1 other cloths ; for that wool is of lar greater price, and alfo
the cods and charges for the workmanfiug of fuch cloths, is'
far.
iS^^'l Anno tcitio Henrici VIIL 115
far more chargeable than it were at the time of making of the What cloths
faid ftatutc : (4) be it therefore provided by the authority afore- ^.?°;^.^S"
faid. That cloths called Fefes, Rays, Sailing Cloths, and other g^b„?lnay
cloths, now commonly fold at four marks, or under, be not be carried
comprifed in this or any of the faid aSs, but may be carried over,
and conveyed out of this realm into the parts beyond the fea, ^^2^
not barbed, rowed, nor (horn, this or any the faid ads notwith- *J j|] |' l[ J'"
(landing.
CAP. vm.
jfn alt repealing an all made at York, for felUng of viSual
by bead officers during their office.
WHERE in the parliament of King Edward, Jin of King Ed-
t£wJ, holdin at York in the twelfth year of his reign, among/t
other things it was accorded and enalled. That no minUler in city
or borough, which by reafon of his office ought to keep ajjifes of wines
and vilfuals, as long as hejhalibe attendant to that office, Jbould merch^
ant wines and visuals in grofs or at retail, upon a certain pain limited
and expreffied in the faid Jlatute, as in the fame more plainly doth ap^
ptar i (2)Jithen the making of which Jiatute and ordinance, many and The decays c/
themojj part of all the cities, boroughs, and towns corporate within cities and bo*
this realm of England, befallen in ruin and decay, and not inhabited roughs, &c.
with merchants and men of fuch fubjlance as they were at the time ^JjJe deration
making oftheforefaidflatute and ordinance \for ait this day the dweU ©f the ftatut«
lers and inhabitants of the fame cities and boroughs be mojfl commonly of la Ed. s.
bakers^ brewers, vintners, fjhmongers, and other viUuallers, and few ^*'' »• c» 4»
cr no other perfons of fuijlance be zoithin many of the faid cities,
boroughs, and towns corporate, other than the forefaid vi£iuallers, at
this day, able and fufficient to bear office within the fame, and to
content, anfwer, and pay unto the Kin^s grace hisfce-ferm where^
with they he charged: ( j) in conjideration whereof, ana for the cafe,
comfort, and relief of the forefaid poor cities, boroughs, and towns
corporate, and of the inhabitants of the fame, be it ordained,
cftabliihed, and enafted by the King ourfovereign lord, by the AlTeffingof
advice of his lords fpiritual and temporal, and the commons, JJlft^jJg^^eii
of this prefcnt parliament affemblcd, and by authority of the ^ viauadler is
fame. That whcnfoever and as often as any vi<5hiallcr cnofen to chief officer,
bear any office within any city, borough, or town corporate^
which for the time that ne (hall ftand and be in fuch office
(lK)uld have the affeffing and correiUon for felling of victuals,
that then two difcreet and honcft perfons of the fame city,
borough, or town corporate, not bring viauallers, ne any of
them being a vi6tualler, (hall be chofen by the commonalty of •
the fame city, borough, or town corporate, in like form as the
faid officer ttiall be chofcn -, which two perfons, with the (aid
officer, (hall be fwom truly to fefs and fet the prifes and affifes
of viftuals there, for the time that any fuch vidhialler (hall .
abide in his faid offipc : (4) and that then it (hall be lawful to
all and every of the faid officers, after the (ame viftuals be fet
and fcflcd by the fame o(ficer and the faid two perfons, or one
of the fame two pq-fbns, th^ other being abfcnt, to merchant
1 2 mA
1 1^ Anno tertio Henrici VIIL [ » 5 i i-
and fell wines, and all other viAuals in grofs and at retail,
during the time that he (hall be in any fuch office, without any
thing therefore to forfeit ; the faid ftatute, adl, and ordinance,
or any other a6t or adts, ordinance, or ftatute to the contrary
made in any wife notwithftanding.
The officers in jj Provided alway. That this a<5l, or any thing therein con-
artd C?%rttiv^ taincd, extend not to difcharge any rainifter of the cities of
excepted. London^ Yorky and Coventry ^ nor none of them, for any wine or
6 R. 3. c. 9. vidtual to be fold by any by retail within any of the faid cities
of Londun^ Torly and Coventry.
CAP. IX.
Mummers (hall be imprifbned three months, and fined at the
juftices difcretion. The penalty for felling of vifors, or keep-
ing them in a houfe, is to forfeit xx s. for every vifor, and to
be imprifbned at the difcretion of the juftices. T$ endure t$
the next parliament.
CAP. X. '
Rep. 5 El. C.8. No alien (hall buy any leather but in open market. The war-
icijac.i.c.*i. dens of curriers in London may make fearch for leather in-
« H. 6. c. 7. fufficiently tanned, feife the leather, and commit the oficnder
^^^'^'Vo toprifon.
IQH.7. c. 19. '^
CAP. XL
Jn all far the appointing ofphyjicians andfiirgeons*
TO the King our /over eign lord^ and to all the lords fpiritual and
temporal^ aud commons^ in this prefent parliament aJfembUL
^"j^^f Forafmuch as the fcience and cunning ofphyfick andfurgery (to the
perlons prac- perfect knowledge whereof be requijite both great learning and ripe ex-
fifing phyfick perience) is daily within this realm exercifed by a great multitude of
or furgcry. ignorant perfons^ of whom the greater part have no manner ofinfight
in thefamey nor tn any other kind of learning ; {Q)fome aljo can no
letters on the hooky fo far forth that common artificer Sy as fmithsj
weaver Sy and womeny boldly and accujlomably take upon them great
curesy and things of great difficultyy in the which they partly ufe for eery
and witchcraft y partly apply fuch medicines unto the difeafe as be very
noiousy and nothing meet therefore y to the high difpleafure of Gody
great infamy to the faculty y and the grievous hurty damagCy and de»
Jlru^ion of many of the King's liege people y rhofl efpeciaUy of them
By whomever/ that cannot difcern the uncunning from the cunning : {3) be it there-
phyfician and fore (to the furety and comfort of all manner people] by the
be^fllowed* authority of this prefent parliament enafled. That no perfon
14 &15 H. 8- within tne city oi Londony nor within feven miles of the fame,
c. 5. take upon him to exercife and occupy as aphvfician or fui^eon,
34&35H. 8. except he be firft examined, approved, and admitted by the
^ *• ^ bi(hop of Londony or by the dean of PauPs for the time being,
^,%^c. %.h 3. calling to him or them four doAors of phyfick, and for furgery
any perfon Other expert pcrfons in that faculty, and K)r the firft examina^
underfUnding tion fuch as they (hall think convenient, and afterward alway
ttSv miSftcr ^^"^ of them that have been fo approved, (4) upgn the pain of
^ forfeiture for every month that they do occupy as phyficians or
furgcons.
1 5 1 1 .1 Anno tcrtio Henrici VIIL 117
Airgeons, not admitted nor examined ^fter the tenor of this to outward
a<5t, of V. li. to be imployed the one half thereof to the ufe of ^®^^*» ^^'
our fovereign lore! the King, and the other half thereof to any
peribn that *will fue for it by adion of debt, in which no wager
of law nor protedtion (hall be allowed.
II. And over this. That no perfon out of the faid city, and a phyfician
precindl of feven miles of the fame, except he have been (as is or Jurgeon
aforefaid) approved in the fame, take upon him to exercife and f*!?*^*^ f^h ^^
occupy as a phyfician or furjgeon, in any diocefe within this dioce?c?
realm, but if he be firft examined and approved by the bifhop
of the fiime diocefe, or, he being out of the diocefe, by his vicar
genera] ; either of them calling to them fuch expert perfons in
the faid faculties, as their difcretion (hall think convenient, and
giving their letters teftimonials under their feal to him that they
Aiall fo approve, upon like pain to them that occupy the con-
trary to this ad (as is abovefaid) to be levied and imployed
after the form before expre(red.
III. Provided alway, That this aft, nor any thing therein The privileges
contained, be prgudicial to the univeriities oi Oxford or Cam- of Ojsioriaad
bridge^ or cither of them> or to anv privileges ^nted to them. Cambridge
(2) Afemorandum. That furgeons he comprifed in this a5i like as Raft. pla. f.
phyficiam^ for like mifchief of ignorant perfons prefuming to exercife ^x^l
furgery.
• CAP. XIL
The a£t that jufiices may return impanels for the King hy
their difcretions.
WHEREAS great extortions and opprejfions he^ and have been '^^^ Jnconvc-
withm the more party of all the counties and /hires within this nicncieacnfui^
realm ^Englind, by'the Jiibttety and untrue demeanor ofjberiffs and ing by the fhc
their minifersy committea and done unto many perfons in great num- ^j^ returning
her of the Kin^sfuhje^s by mean and makings and returning at eve- ^e^K?ngwlth-
ry fejjions hoUen within the faid counties andjhires^ for the body out control- *
rftheflnre^ in taking and putting in^ and returning of names ^ j/'mentot*any,
]uch perfm^ as for thejingular advantage ^ benefit ^ and gain of the
faidfheriffs and their minifiers^ will be wilfully forfworn andpcrjur
red by the finifier labour of the faid Jheriffs and their minifters^ (2)
by reafon whereof many and divers fubftantial perfons (the King*s true
fubje^s) contrary to good equity and rightwifenep^ have divers times
and many wrongfully been indited of divers murders^ felonies, and
ether mijhehaviour, by their covin andfdljbood, to the utter undoing
of their lives y lofs of their goods and their lands ; by reafon whereof
they and every of them in avoiding the utttrtu trouble and vexation
which to them might come and enfue by reafon and occafion of the fame
falfe indi6lmentSy (3) and alfofometime by labour of the /aid Jheriffs y
divers great felonies 0nd murders concealedy and by the faid perfons aU
fo by the faid Jheriffs and their minifters partially returned, not pre^
fentedy be and have been compelled to make fines and give rewards to the
Jaid Jheriffs and their miniflers : (4) wherefore be it enabled, or-
dained, and cftabli(hed, bv the King our fovereign lord, and
by the aflcnt of the lords (piritual and temporal, and the com-r
I 3 * mons
ii8 Anno tertio Henrici VIII. t^5il*
thons of this prefent parliament aflembled, and by authori-
Panels re- ty of the fame. That all panels to be returned, which be not at
turned by the the fuit of any party, tlwt (hall be made and put in by every
£^'^*'^*y^lherifF and their minifters afore any juftice of gaol-delivery or
thc^jufticesr juftice of peace, whereof one to be of the qu9rum^ in their open
32 Co.99,6S» feflions to enquire for the King, (h^ be reformed by putting to
ji H. 7*0. 24.. and taking out of the names of the perfons which fo be im-
panelled by eveiy fherifF and their minifters, by difiapction of the
fame juftice before whoin fuch panels ihall be returned: (5)
and that the fame juftice and jufti^es ftiall command every rfie-
rifFand their minifters in his abfence, to put other perfons in
the fame panel by their difcretions ; and that the fame panels
fo reformed by tne faid juftices be good and lawful : (6) and
that if any flicriff, or any their minifter, at any time do not re-
turn the fame panel fo reformed, that then every fuch (herifFor
minifter fo offending, for every fuch offence ftiall forfeit 3cx. li.
fterling money oi England \ the one half thereof to our fovc-
reign lord the King or his heirs, and the other half to him or
them of his fubjedts that will fue for the fame by aAionof debt at
the common law, or bill, or plaint, where it fliall fortune any
fuch to fall and be ; (7) and that ne eflbin ne proteAion be al-
lowed for the defendant or defendants in that z&ion or plaint,
(8) nor that the faid defendant nor defendants therein be ad-
mitted to wa^ their law : (9) and that the King's pardon flioll
be no bar againft the party and parties in the iame, that any fuch
^ g<5iion ftiall fue.
CAP, XIII.
A confirmation of the ftatute of 19 H. 7. c, 4. ordained againft
J^ep. 6. H. s. ftiooting in crofs-bows; and all placards granted for fliooting
t» 13- in crofs-bows ftiall be void.
CAP- XIV.
4na3far fiarcbing of unlawful oils»
PR AYEN your Higbnefsj the commons in this prefint parliament
affimbledy ^at whereas divers manner of oils being brought
, into this reabn^ as well into the city 0/* London, as to divers other
places within this fame x^alm^ which he daily ufed and miniftered as
well for mafCs fufiinance and comfort^ as for necejfaries for draping
of woolen cloths^ at^dfor other divers necejfaries ufed for the weal of
'"*''■ ^ for lack of good overfghty fear '
d)fai^ ^
the fame oils from their former nature andgoodnefs^ to the great lofsy
jour fuhje£fs\ and for lad of good overjight^ fearchy and correct
tion of fuch oilsy 'manyftmple perfons (buyers of the faid oils to fell
afterward) falfely and deceivabfy by crafty means do mix and alter
jeopardy^ danger ^ and deceit ofyourjuhjeffs: wherefore be it by
your highnefs, by the advice ^nd a^nt of your lords fpiritual and
temporal, and of Vour commons, in this prefent parliament aftem-
bled^ and by authority of the fame, ordained, enadtcd, and cfta-
bliflied. That the mayor of the city of London for the time being
with the mafter and wardeps of the myftery or craft of tallo w-chand -
Icrs of the fame city for the time oeing, ftiall from henceforth
haye
i5*2j Anno quarto Henrici VIII. 1 19
have full power and authority to feardi all manner of oik
broi^ht into the faid city o( London to be fold, in whofe hands Who may
foever they be or (hall be found, and that as often as the cafe Search for and
(hall require : (4) and that the faid mayor, with the faid ma* f^VffV^^ V'
ftcr and wardens of the faid myftcry or craft of tallow-chandlers i^xt^oiK "
for the time being, (hall truly learch and overfee, that the fame
oils to be put to fale be not mixed nor altered ft-om their right
kinds,' but that they be good and lawful as they ought to be.
(5) And that it (hall be lawful to the faid mayor, with the faid
mafter and wardens for the time being, to oamn^ avoid , and
utterly to caft away all fuch oils as they (hall find defedtive, or
falfiely or deceivably mixed, and alterea from their right kinds,
as is aforefaid, without any let or perturbance of any perfon or
perfons whatsoever they are or (hall be; (6) and alfo the faid
mayor, mafter, and wardens, to commit fuch perfon or per-
fons, as (hall be found defective for ufing of fuch deceit or crafty
to ward, and to puni(h him or them therefore by their difcre*
ticns, according to the laws ai>d cuftoms within the fai4 city
or liberty oi London j ufed, had, aind made of and for other mii-
doers and oflfenders in the faid city. (7) And be it further
enacted by the faid authority. That the mayor v^ every city,
borough, and town within this realm (where a mayor is) for
the time being, or the governor or governors, or rulers pf eve*
3r other city, borough, and (own corporate within this realni
fo for the time being, (hall have within their jurifdidion, li*
berty, and franchife, every of them, like authority and power
to make and do like fearch, order, dire6lion, corredtion, pu-
nt(hment and execution of the fame, of, for, and upon all oils
being defedive, or deceivably or falfly mixed and altered, by
any perfon or perfons within their liberties and franchifes, in
manner and form as afore rehearfed, as the faid mayor, mafter
and wardens of the faid city of London^ by this prefent a<ft have,
or might have, of, for, or upon any oil fold or to be fold with-*
in the £ud city of Lmdon^
CAP. XV.
All fiatutes made for hats and caps repealed. Who only may lI»^-*o«.*e4-
bity hats and caps wrought beyond the fea. The pnces of **„^^[ J*!^' ^*
(everal forts of hats and caps. s, H. s.'c.^.
7 Ed. 6. c. 8.
■ " ' ■ '' Repealed by
1 Jap. i.c.a5«
Statutes made at Wejlminftery Anno 4 Hen, VIII,
and Anno Dam. 1 5 1 2.
THE King our fovenign lord Henry the Eighth after the con^
piifly by the grace of God King y England and of France,
and lord ^Ireland, at his parliament holden at Weftminfter the
fourth day ^November, in the fourth year of his moft noble reign^
to the honour of God and holy churchy and for the common weal and
profit of thif rfalm^ by the ajfent of the fords fpiritual and temporal^
1 20 Anno quarto Henrici VIII. [ 1 5 ^ 2 -
and the csmmofiSy in this prefent parliament ajfembledy and by authc^
rity of thefamcy hath done to be made certain Jiatutes and ordinances
in manner and form following.
C A P. I.
Bulwarks, braies, walls, and other fortifications (hall be made
by the fea-fide in Cornwall by th,e jufticcs of peace aflignment.
To endur^e to the next parliament,
CAP. 11.
Punijhment of murders.
^^ TT7HEREA8 robberies^ murders and felonies, daily encreafe more
tof ^y ' *
The benefit of ^ ^ ^^ more^ and been committed and done in more heinous^ open^
clergy taken and defeftable wife ^ than hath been oft feen in time pafl : and the
fcom(\xc\i^Ao psrfoni fo offending little regard the punifbment thereof^ by the ctnirfe
commrtccr- ^f ^^^ common law^ ne by reafon ofanyftatitte heretofore made^ but
Caufc* of ^1 ^^^^ '*^^ ^^^ rf ^^^^ ^^gji ana imagining and pleading of feigned
boldeRipg ''" " " ' ' u- -^ ^- ^-- -- - ^^*
men to com-
mit marders
and felonies.
St.i^H.8 CI,
32H. 8.C. I.
and untrue foreign pleas, triable in foreign counties, to the intent to
be removed from place to place, by colourable pnd untrue fuggeftions^
and for to 6'e untruly acquit by favour, might, and corruption ; fi
that they live in manner without fear or dread: (2) for reformation
whereof, and for the common wealth of this realm, and for to put the
faid murderers, felons, and offenders in more fear and dread fo to
offend: Be it ordained, cftabliftied «nd enaftcd by the King our
fovereign lord, the lords fpiritual and temporal, and the coni-
mons in this prefent parliament affembled, and by the autho-
rity of the fame. That all perfbn or p^rfons, hereafter commit-
ting mufder or fdony, in any church, chapel, or hallowed
place, or of and upon malice prepenfed, rob or murder any
perfon or perfohs in the King's high-way, or elfe rob or mur-
'der any perfon in his houfe, the owner or dweller of the houfe,
his wite, child, or fervantthen being therein, and put in fear or
dread by the fame. That fuch penon or perfons fo offending,
be not from henceforth admitted to his or their clefgy, (fuch
gs been, within holy orders pnly except.)
Trial of a felon II. And Over that, be it ena^Sted by the faid authority. That
©teading, that jf any murderer or felon, upon his arraignment hereafter do al-
out^of aprlvi- '^^8^' ^^^ ^^ ^^^ ^^^ ^"^^ chufch or church-yard for mur-
leged place in dcr feloiiy or other place privileged for the fame, in a foreign
atorcign county, and againft his will taken out thereof: that then the
coanty^ King's attorney, or any other perfon that will fue o»- alledge for
petual^^y' ^^ King> J^M the faid niurderer or felon fo arraigned, was
at H. 8. c. ». taken at targe in the fame (hire where he is fo arraigned; that
Altered by then the fame allegiance and ifliie to be tried by the inqueft that
»8H.S.c.i.f.7. (hall try the faid murder or felony within the fame ihire, and be-
iEd.6.c. iz. fof^ij^^ fatnejuftice, where the faid murderer or felon is ar-
raigned, as though the faid foreign plea had not been pleaded
by the faid felon : (2) arid if it be found by the fame inqueil,
that the faid murderer or felon was taken within the fame (hire
(as is aforefaid) that then he to have none advantage or benefit
of the matter alledged by him for taking out of the church ok
church-
5&6£d.6
c. 9.
1 Jac. I. c. 25
yi Jac.i.c.18.
jr5«2.] Anno quarto Henrici VIII. :i2i
church-yard, or other place privileged, in any fuch foreign
(hire : and this a6k to endure to the next parliament.
CAP. III.
The all concerning juries in London.
WHERE at a parliament hoUtn at Weftminfter the eltuifitb n H. 7. c. si.
year of the reign of King Henry the Seventh^ for the good
and due adminijiration-cnd expedition ofjufiice^ it was ordained^ and
^momg other things enaStedj That every per/on hereafter to he im*
panelled or fummoned to appear in any jury or inqueft in any court
rvitbin the city ^London, before any judges of the fame city ma-
king difauh^ at the firft fummons Jhould lofe and forfeit xij. d. and
£it ibefecond default ij. $• and fo at every fuch default after that^
the iffuis andpenaliies to be doubled ; (2) and a If 0 fuch ijfues loft in
the mayor* s court Jhould beforfeitedy levied^ and perceived to the ufe
,and behoof of the mayor and the commonalty of the f aid city ; (3) and
that all fuch ijfues loft in the Jheriffs court or courts Jhould be for ^
feitedy Ut/icdy and perceived to the ufe ofthefheriffs of the fame ci-
tyfor the time beings toward their fee-farmy as by the fame aSi more
plainly doth appear : (4) in the which a£f it is not expreffed how or
'by what means the aforefaid iffues^ fo loji and forfeited for non-ap-
pearance of the per f oris Jo impanelled and fummonedy Jhould be levied \
ibe lack whereof is the caufe that fuch perfons as have been impanel^'
led andfummonedy as well for the Kingy as between party and party
(being fubftantial and indifferent) have made many times de faulty
and would not appear ; andfo it remaineth in Hie mifchiefas it war
before the making of the forefaid a Sly to the great let ofjuflicey and
the delay as well in the King's caufeSy as in other caufes between par •
ties : (^) wherefore for the good execution of the faid JlatutCy and
perfect remedy in this behalf to be had: '
II. Be it e(tabli(hed, ordained, and enaifted by the King our A remedy for
ibvereign lord, by the afleitf of the lords fpiritual and temporal, J?*^^^*,*"**
and of the commons, in this prefent parliament ailembled, and S^ to nM^ver
by the authority of the fame. That for all fuch iffuc? in form iffaes focteited
alorefaid hereafter to be loft or forfeited in the mayor's court, it by jurors,
(hall be lawful to the faid mayor, and to his fucceflbrs, to dif- " H. 7. c. 11.
train, and the fame diftrefs to retain, till he or they be fatisfied
of the faid iifues. (2) And in like manner, that it (hall be law-
ful to the forefaid (heriffs, and their fuccdTors, to di(h^n for
fuch iflues loft in their court or courts, and the faid diftrefs to
retain, till they be fatis(ied of the faid iflfues.
III. Item, forafmuch as after ijfues joined in anions andfuits com*
mencedy takeny or depending in the King's courts before himfelfin his
bench y and before bis jujlices of the common bench y and alfo in his
exchequery at the King's fuity or at thefuit ofpartieSy triable in the
/f iid city of Londoxiy as well the King as the parties have fuj^ered
great delay many times for default ofappearancf of the jurors impa^ '
nel/ed to try the faid ijius^ and many times for lack of jurors not hav-^
ing lands and tenements of the yearly value ofx\.^.
IV. Be it ordained and enacted bj' the faid authority of this
prcfcnt parliament, That the (hcriflfs of London for the time bcr
• . ing.
122 Anno quarto Hbnrici Vllt [1512.
The ability of in^, have full authority and 'power to return impanels or arrays
Loi^b^^^^ a<5Uons and fuits now depending, or that (hall depend in
neUedto?iy^'^y ^^ the faid courts, or exchequer, perfons being citizens,
an iiTue in any haying goods to the value of an C. mark, or abpve, to try the
of tbc courts iilue joined or to be joined in every fuch action cm* fuit; (2)
at Weftmin- ^^j ^^ ^^ perfon fo returned (having goods to the value of
^* C. nuurk, or above) (hall be fwom and do in all fuch juries in
like wife in every thing, as otlier perfons ihould do, havine
lands and tenements of the yearly value (^ xl. s. over afi
charges. •
What ifliies V. And over that, be it ordained by the faid authority. That
Iballbe return- ^he (herifh of the faid city for the time being, (hall return upon
ron^*Lon "' *^ ^^^ diftrefs in every fuch a<5tion or fuit, upon every of the
don. jurors impanelled to try the ifliies thereof, xx. d. and up-
5 H. s. c. 5. on the (econd difb-efs, upon every of the fame jurors xl. d. and
upon every diftrefs after that, upon every of the (ame jurors^
the double, till a full jury in every fuch aAion and fuit (hall
appear, and be fwom to try the iflues joined in the fame : (2)
and that the (herifTs that mall make any return upon fuch di-
Are&y contrary to the form aforefaid, (hall forfeit for every
fuch default X. li. the one half thereof to be to the King, and the
other half to the party that will fue therefore : (3) axid that the
defendant in any luch aAion be not admitted to wage his law»
nor protection tnerrin for him allowed. (4) This zA to endure
only vo the n^t parliament, and this a£t to take effed after the
laft day of Deambert the fourth year of the reign of King Hemy
the Eighth. Explained 5 H. 8. c. 5.
CAP. IV.
EXP. Proclamations to give warning to him that dwelling in one coun-
6 H. S. c. 4. ty ig ftjed jQ jj^ exigent in another.
CAP. ^\
EXP. ^^ penalties for giving of wages, a(rured by any ftatute, (haU be
t% R.'ft. c. 4* , ' impofed upon the mafter or a giver of wages.
CAP. VL
An aS for ftaling of cloths of gold andfilver.
Noneflialitake TXT"^^^^ ^' ^ parliament hMin in the twelfth year of the reigm
any tbing for V V ef^King Edward the Pettrtb^ anwngjl ether it was ordained^
the fealing of gftahlijbed and tnaBedy That the collefiers if the fubfidj^ and the
filver^ll^et' ^^'^^^^^^^ J*^^^^ ^^ ^^ ''^' ** ^'^^^ «'*»» they JheuU he reqmrgd^
&c. ' ' ^' A'^ ^"^y ^f^^f'ter ofchth efgMyfiher^ haneUiiny vehety damafk^
faten^ farfenetj tartron^ chamUet^ and every ether cloth of fdk^ and
every cerje cffiU and gold ^ and every corfe offdk of the making be^
yondthe fea, and the fame merchandifes Jhould feal in every time
when they Jhould be required^ without delay ^ t^rrying^ or any tbing
for their fealing to take by any miifn^ upon the pain of forfeiture to
the owner of fuch merchandifes xx.s. by every of the faid collegers
and comptrollers at every time when they refufe to feal any fuch nur-
chandifis after fuch requejl made^ or take any toing for fealing of
^nyfuch merchandifes^ as by the fame ^£i amongji other things mare
plainly
1 5 1 ^0 Anno quarto Henrici YUV 123
plainfy mffioritb^ (2} Subm the making 9/ wUtb k& the fini
cUUQtrs and cwnptrolUrs^ and their cUrks n9i fearing the penalty
Umiud in the fame a& have ufed^ and daily ufe to take for fealing
of every fiece of the fanu merchandifet above rehearfedj 11. d. to the
great Ufs^ hurt and damage of the merchants owners of the fame :
{3) fi^ ^be fame merebants at many times bring and convey in one
fbip iii. or iv. M. pieces of the fame mercbandifes^ which amountetb
to XXX. or ocL 1. after the rates of ii.d. a fiece. And ferafmuch as Tbecaufewby
tbe/arefaidpenauy exfreffed ir the /aid flatute is but xx.s. there- theftatuteof
fore thefaid colleHorSy comptrollers^ nor their clerks fear not to run P' ^' ♦' ^ 5*
in the jeopardy of the fame: (4) wherefore be it ordained and en- execution.'^
a6ted by the King our fovereign lord, the lords fpiritual and
temporal, and the commons in this prefent parliament afiem-^
bled, and by the authority of the fame. That from henceforth
the collectors and comptrollers of the faid fubfidy, nor their
clerks, nor any of them, take for the fealing of any piece of ,
the fiud merchandifes f above rehearfed) any thing, upon p;un
of fbrfdturc at every time xx. 1. *
II. And alfo be it enaded by the fame authority. That if, Nocolleaoror
and as often as the fame colleAors and comptrollers, or any of tSe\uMdv
them unreafonablv delav, or tarry the faid merchants, or any (hall take an^
of them, for and about tne fealing of the fame merchandifes ; that thing for feal-
then and fo often the fame collc^rs and comptrollers, and eve- ^^?f^^ ^
ry of them fo unreafonably delaying and tarrying the fame f^^gj^^^
merchants, or any of them, to forfHt for the fame xl. ). (2) the or, &c» fliall
one moiety of every of the faid penalties (fo forfeited) to be not delay the
to the King our fovereign lord, and the other moiety thereof "»«'^l?»n^ '^
to the merchant fo grieved, that will fue for the fame by way ^fg^w
of information in the King*s exchequer, or by action or bill of ^
debt, after the order of the common law, as in other aftions
of debt is ufed : (3) in which action the defendant (hall not be
admitted to wage his law, nor protecftion, nor eflbin to be to *
him allowed in the fame fuit for the faid forfeiture.
CAP. VII.
yfn aH made for pewterers, and true weights and beams.
T3 the King our fovereign lord^ and the honourable the lords
fpiritual and temporal^ and the commons in this prefent par-
liament ajfembled : forafmuch as a certain aH was made and eftablijhed
in the parliament holden at Wcftminfter, the nineteenth year of the
reign of the late mofi famous King your father^ Henry the Seventh
(whom God pardon) concerning pewterers and brafiers hawking and
walking^ about the countries^ and alfo concerning falfe beams, fcales^
and weights J with a provifionfor cafting of fine metaU and of per-
feSl goodnefsy which a£l was made to endure to the next parliament ,
the tenor whereof hereafter enfueth :
IL That where manyfimpfe and evil^difpofed perfons of this your The tenorof
rfj/w^ England (uftng the faid crafts) daily go about this ^'^^^r the ftatute of
realnty from village^ from town, and from hottje to houfe, as well in 19 H, 7. c 6.
wsods andforeftsy as other places, to buy pewter and brafs, (a) ^^^"^^^^l^^^^
thai knowing thmcs, and other pickers, thotjleal as yjefl pezvtcr and ^** **^''*'
hrofs
|24 Anno quarto Hbnrici Vni. [1512*
brafs belonging to your HighnefSy and under your nuirky and to the
lords fpiritual and temporal^ as to other yourfubjeSls of this yoter
, ' realm^ bring fuchjiolen vejfelstmto them infuch hid places tofelL, and
feU it for little or nought y and about they bring it to privy plaus^ ^r
into comers of cities or touons^ and there fell much part of it to
Jirangers^ the which carry it over thefea byjlealth ; (3) alfo tbefaid
perfons (fo going about) and divers other ufing the faia craftSy uji to
make new vejfelsy and to mix good metal and bad together y and make
it nought^ and fell it for good fluff ^ where indeed the fluff and metal
thereof is not worth the fourth part that it^s fold for y to the great
hurt^ deceit y andlofs of your fubje£ls \ alfo divers perfons ufing the
faid crafts^ have deceivable aid untrue beams and fcatesy that oat of
them will fland even with twelve pounds weight at the one end^
againfi a quarter of a pound at the other end^ to theftngular advan-
tage of themfelvesy and to the great deceit andlofs of your fubjellSy
buyers and Jellers with them : (4) for reformation of the premif-
fes, it would pleafe your Highnefs of your mod abundant grace,
with the advice of your lords fpiritual and temporal, and the
commons^ in this prefent parliament aflembled, and by autho-
In what places rity of the fame, to enad and eftablifti. That no perfon or per-
*>"JyP«^^ fons, ufing the faid crafts of pcwterers and brafiers, from
be foldw henceforth (hall fell or change any pewter or brafsjicw or old,
chaifged. ^^ ^ny place or places within this your realm, but only in open
Byi5H.8.c.9. fairs or markets, or in their own dwelling-boufes, but if they
f. 6. *h«J"- be defired by the faid buyers of fuch wares, upon pain of for-
hlTa Sy. fei^"j;<^ ^?,?"r f^i^^g" ^'^ *^ ^'""^ ^^^ ^T^ *^^ ^^^^j' '^;''-
III. Alfo by the fame authority it may be enabled and efta-
^fr^^' bliflied. That no p^fon nor perions, ot what condition or dc-
fci^nd bST" 8^^^ foever he or they be, from henceforth within the cities of
ought to be. London and York^ or without, either caft or work any pewter vef-
fels, or brafs, at any place or places within this your realm,
^ut that it be as gooa fine metal, as is the pewter and brafs caft
and wrought after the perfect goodnefs of the fame within the
c\\y oi London^ and by the ftatutes of the fame ought to be, upon
pain of forfeiture of all fuch jpewter and brafs, (b caft and
wrought of worfc pewter or brals than ought to be wrought in
the fa^Txe cities ; the one half of every fuch forfeiture to be to the
ufe of your Highnefs, and ^he other half to the ufe of the finders
thereof.
Hollow wares IV. Provided alw^y, That this forfeiture in no wife ftretch ne
made of pew- extend to brafe or pewter, being in the poffeffion of any perfon,
ter Icy -metal, otlier than the workers of thie fame, or fuch as have the fame to
fell, and bping of tlie craft or myftery. {%) AJfo that it may
by the fainp authority be cnaded and eftabliftied. That no man-
ner of perfon qv perfons, of what degree or condition foever he
or they be, from henceforth make no hollow wares of pewter, that
i« ^o lay, fahs and pots that is made of pewter called Ley^metaly
but that it may be after the affile of pewter ley-metal wrought
The makers of within the city of London ; ( 3) and that the makers of fuch wares
pewter vcfTeis (hall mark the fame with feveral marks of their own, to the in-
!o!ill'°^^^ *^^^ tent that the makers of fuch wajcs fliall avow the fame wares by
them
15 la.]- Anno quarto Henrici VIII. 125
them (as is abovefaid) to be wrought ; (4) and that all and eve-
ry fuch wares not fufEciently made and wrought, and not
marked in form abovefaid, found in the pofleflion of the fame
maker or feller, to be forfeited ; and if the fame ware be fold,
the faid maker to forfeit 'the v^ue of the fame fo unlawfully
wrought and fold; the one half of the faid wares, or the 'value
thereof, to be to the ufe of your Highnefs, and the other half to
be to the ufe of the finder or fearchers of the fame.
V. Alfo that it may by the fame authority be ena<fted and efta- The penalty
blifhed, Thaj if any perfon or perfons hereafter ufing, buying for ufingfafie
and felling of pewter and brafs, that hereafter occupy any de-^^^i"' ^^
ceivable. or falfe beams or weights of the fame wares, that eve- Tg^^' **^"'
ry ftich perfon or perfons ufing or occupying fuch deceivable and brai«r^ ^^
untrue beams or weights, to forfeit xx. s. the one half to the ' •
King, and the other half to the party that therefore Hiall fue by
a<5tion of debt ; (2) and that in the faid adion no protection nor
efibin (hall be allowed ; and alfo the faid party fo offending, (hall
forfeit his beam to him that (hall feife it ; (3; and if the faid of-
fender or offenders be not fufHcient to pay the faid fum or fums . -
by them fo forfeited, that then it (hall be lawful to the mayors,
bailiffs, or other head officers of fuch place or places where any
fuch offenders (hall be found, to put them in the (locks, and
them fo keep till the next market-day next adjoining, and in
the market place to put them on the pillory all the market-
time.
VL And furthermore, that it be lawful by the faid autho- Searchers of
rity. That the mafter and wardens of the laid craft of pew- pewter and
tercrs, within every city and borough of this realm, where °"^^^*JJ^^
fuch wardens arc, and where no fuch wardens are, the head *PP®"*^^'
officers or governors of the fame city or borough, to ap-
point certain perfons moft expert in knowledge of the fame, to
make fearch within the faid cities or boroughs where they
dwell. (2) And over this, the juftices of peace within every
(hire, at their general feflion holden at ABchaelmaSy (hall a(rign
and appoint two certain perfons, having experience therein, to
make fearch in the premMes in every part of that (hire,
as well within the franchifes as without, faying in cities or
boroughs where fearchers be appointed by the heads or go-
vernors of the fame ; (3) and that aJl fuch unlawful pewter
or brafs as the faid fearchers (hall find, the one half (hall be
to the ufe of your grace, and the other half to the faid fearch-
ers ; (4) and that in the default of the faid matters and war-
dens of the faid occupations not fearching inform as is aforefaid,
and whereby that any fuch unlawful metals is caft or made, or
unlawful weights ufed, that then it (hall be lawful to any per-
fon or perfons having fufficient cunning and knowledge in the
faid occupations, by overfight of the mayors, bailiffs, or head-
officers of the faid cities, boroughs, and towns, to fearch all
the faid places, and to put the laid authority and adt in exe-
cution in form aforefaid. (5) Pleafeth it therefore your grace
and wifdoms, inibmuch as the faid adt is thought good and
proT
126 Anno quarto Henrici VIII. [1512.
'i'helUtQte of profitable, that it l>e ordained, enaAed, and eftablKhed by the
'9H. 7. c. 6. j^rds fpiritual and temporal, and the commons, in this prcfcnt
m^dc 'S^n^ pariiament aflemblcd, and by the authority of the fame, That
tual. the faid a<ft may endure for ever.
VII. And over that be it enafted by the faid authority.
That if any untrue or decehrable metal, or workmanlhip, of tin
or pewter, be fbunden either in platters, ohargers, di(hes, (au-
cers, pottingers, trenchers, bafons, flaegons, bottles, pots,
fiJtcdlars, goblets, fpoons, cruets or candlmicks, or any other
fuch wares of tin or pewter, wherefoever it be caft, made, or
wrought within this realm or without, and brought to be
, fold within the fame realm ; that then it (hall be lawful to the
mayor of the city of LondcHy and the mafter and wardens of the
craft of pewtcrers (of the faid city for the time being) and their
deputies, to have fearch of the fame within the city of London^
Searchen of and the fuburbs of the fame ; (2) and that in all other cities, bo-
tin or pewter roughs, and towns, where any wardens beor (hall be, the mayors,
vcflels (h^l be bailiffs, or head officers and wardens to have like authority 5 (3)
appomtc . ^^ where no wardens be, then the head officers or govemcH^ of
the fame cities, boroughs, and towns, to appoint certain perfbns
moft expert and cttnnin| in knowledge of the (ame, to make
(i»rch within the (aid cities, boroughs, and towns where they
dwell ; (4) and if any fuch new wares wrought of tin and pewter,
as is aferefaid, be found defe^Hve, and being in the pofleffion of
the feller, that then the fame perfon or perfons that putteth any
. fiich new w^es of pewter to fale, (hall forfeit the ramc wares,
the one half to the ufe of our fovcreign lord the Kin^, and the
other half to the fearchers or finders of the fame.
This aa fhall VIII. Provided alway. That this aft concerning the forfei-
notbcpreju- turc be not prejudicial nor hurtful to any perfon or perfons
^cial tothc having grant of our fovereign lord the King, or of any of his
of HlcriMr * >W)blc progenitors, by his letters patents of fuch forfeiture, but
%S H. 8. c.*9. that they and every of them (hall have and enjoy the fame ac-
made perpc- cording to their former grants and liberties.
c.4.f.6. CAR VIll.
An a£i ronceming Richard Strode.
Ex edit. Raft, j AMENTABLY complaineth andjbeweth unto your moft dtfcreet
jLu wifdoms in this prefint parliament affembkd^ Richard Strode^
gentleman^ of the county ^Devonfhire, one of the burgeffes of this
honourable houfe^ for the burgh of Plimton in the county aforefaid^
that where the fatd Richard condefcended and agreed with other of
this houfe^ to put forth certain bills in this prefent parliament agcinfi
certain perfons named Tinners in the county aforefaid^ for the refer-'
mation of the perijbingy hurting^ and dejlroying of divers forts ^ ha-
vens ^ and creetsy and other bills for the common weal of the faid county^
the which here in this high court of parliament Jhould ofui ought to be
communed and treated of
And for becaufe the faid Richard is a tinner^ for the eaufes and
matters afore rehearfedy one John Furfe, tinner ^ under-Jieward of
fhejleimerie in- the faid county ^ in and at four courts ofthefaidftei-
nurk at divers places and times before bimfeverally holden in the faid
county^
1512.1 Anno quarto HenriciVIIL lij
tminty^ be and other have condemned the Jaid Riclurd in thefum^f
ene hundred and three/core pounds : that ts to wit^ at every court day
forty pmmdsy and by the procurement ofthefaid John Furfe, at the
^id four feveral courts and lawdaySy in the Jim Jleimerie byhim holdeuy
in this manmr publijhed andfaidy that the fame Richard, at the lafl
parliament hoUen at W^ftminfter, would have avoided ami utterly Of--
firoyed all liberties^ privileges^ andfranchifes concerning theJleiToerie :
by reafon whereof the JaidKich2a:d^ uponfour bills had and made thert^
ofbythefaid]ohnY}Xt(tand other ^ caufed.that the faidl^chzrd
was prejented and found guilty of the premifes in .every of the faid
courts in forty pounds to be loft end forfeit by him^ by reafon of an aif
end ordinance by tinners made and had at a. place in the fend county caU
led Crokerentor : the tenor of the which ah appeareth in afihedule to
his bill annexed: to which the faid Richard was never warned nor
called to make anfwer to the premiffes^ contrary to all laws ^ right rect-
fon^ and good confcience. And for the execution ofthefame^ one John
Agwiiliam, upon afurmife iy him made to the King's Highmfs to
the faid condemnation to be to his grace forfeit^ thereof attmned a bill
ajfigtud of twenty pounds parcel of the Jiaid hundred and threefcoro
pounds^ to be to him grant hI by the faid Kin/ s Hidmefe : wheret^on
the /aid John AewiUiam and other caufed the faid Richard to be
taken and imprijomd in a dungeon and a deep pit under the ground im
the caftle of LidSotd, in the faid county ^ and there and elfewbero
remained by the Jpace of three weeks andmore^ unto fuch time bo
was delivered by a writ of privilege out of the Kin/s Exchequer at
Weftminfter, for thai be was one of the collegers in the faid county
for thefirft of the two Q^deims granted at and in this prefent
parliament : the which prUin is one of the moft hainous^ contagious^ and
deteflahU places within this realm ; Jo that by reafon of the fame im-
prifonmmt be was put in great peril and je^rdy of his life^ and the
faid Richard,^ be^ in prifouy and the faid John Agwiiliam y^^-
mg the fame cruel imprifonment of the faid Richard, intreated and
in/iantly defired one Philip Furfe (then being keeper ofthefaid pri^
Jon)Jirimy to keep the faid Richard in prifon^ and to put irons upon
him to bis more greater pain and jeopardy^ and to t^ve him but bread
and water only^ to the intent to caufe the faid Richzrd to be fain to
content and pay him the faid twenty pounds. And for the fame promifed ,
the faid keeper four marks of money : for the which four marks tbo
faid Richard for to be eafed of his irons and painful imprifonmene
aforefaid (forfafeguard of his life) promifed cmd granted to pay the
Jaid keeper four marks : whereof he paid toe faid keeper in band tbir-
teen /billings four pence. Ana over that the faid Richard /ir to be
eafed of his faid painful imprifonment^ was alfo ofnecefRty driven t$
be boundentoThomas Denis, deputy unto Sir Henry Mamie, ktdghty.
warden oftbefaidjlemeriey in an obligation ofthefumofanCAi. upon
condition whereof pqrt is as hereafter foUofweth : that is tofay^ That
if the above ^^Moi Richard Strode, defend andfave barmlejs the /aid
Thomas Denis, and to ufehimfolfas true prijomr during the time
it Jballpleafo the King to have bimprifoner in the caftle ^Lidford^
and alfo to do nothings whereby he /ball in the law be deemed out. of
prifoutand other articles compri/ed in the faid condition^ the which the
JaidKichaxiperfe^ly remember eth not : wherefore the premiffes by
your
128", Anno quarto HENTtKi VIH. [ > 5 ^ a :
youf great wifdoms tenderly cdhfidered, the faid jR/V^i humbly
prayeth, that it may be ordained, eftabliftied, and ena<5ted, by
the King our fovereign lord, aiid by the lords fpiritual and tem-
poral, and the commons in this prefent parliament ailbmbled,
and by the authority of the fame, That the faid condemnation
and condemnations of the faid hundred and threefcore pounds,
and every parcel thereof, and judgments and executions had or
to be had for the premifles, or any of them, to be utterly void
. againft the faid Ruhard^ and of none effe<%.
Fines for par- And over that be it enaSed by the faid authority. That all
liament mat- fuits, accufements, condemnations, executions, nnes, amer*
ten void. ciaments, puniftiments, corredlions, grants, charges, and im-
4 '°^9« pofitions, put or had, or hereafter to be put or had unto or up-
iSi »oo »io* ^^ ^^ '^'^ Rschardy and to every other of the perfon or perfons
6a^ 6xo' ' afore fpecified, that now be of this' prefent parliament, or that
of any parliament hereafter (hall be, for any bill, fpeaking, rea-
foning, or declaring of any matter or matters, concerning the
parliament to be communed and treated of, be utterly void and
of noneefFexSl.
And over tfiat, be it ena<fted by the faid authority. That if
the faid Richard Strode, or any of all the faid other perfon or
perfons, hereafter be vexed, troubled, or otherwife charged for
any caufes as is aforefaid, that then he or they, and every of
them fo vexed or troubled, of and for the fame, to have an ac-
tion upon the cafe againft every fuch perfon or perfons, fo vex-
ing or troubling any contrary to this ordinance and provifion,
in the which a<5tion the party grieved ftiali recover treble dama-
ges and cofts. And that no proteAion, eflbin, nor wager of
Uw in the faid action in any wife be admitted nor received.
BE it enquired for our fovereign lord the King^ That whereas at
the parliament holden at Crokerentor, before Thomas Denis,
deputy to Sir Henry Marnie, Knight^ warden of the fleimerie^ the
fourteenth day ^September, the fecond year of the reign of King
Henry the Eighth : it was ordaintd^ eflablijhea^ and ena6lea^ That
{from the day aforefaid) itjhall be lawful for every man to dig tin
within the county ^Devonfhire, in all places whereat tin may be
found. And alfo to carry the water to their works without any let
or trouble of any perfon or perfons^ according to our ufages and confir^
mations of our charter^ and according to our cuflom out of mind.
And if tiny perfon or perfons lety troubUy or vex any man to dig tin^
or to carry water for thefame, contrary to our oldctiftom and ufage^
and if it befbunahy the verd:6t of twelve mm at the law day^ he
that fo lettetby vexeth^ or troubleth any fuch perfon or perfons^ Jball
fall in the penalty of forty pounds^ as oft as hefo vexeth or troubleth:
the one half to my lord prince^ and the other half to him that wasfo
lettedy vexedy or troubled. And a Fieri fecias to be awarded^ as
well for my lord prince as for the party : if one Richard Strode, of
Plimton, tinner y at the parliament holden at WcAmintktry the fourth
day ^February laji pafty letted^ veXedy and troubled one WilJisim
Read theycttnger, andtAis Elford, tinner, and all other tinners in
thr
15^3'] Anno quinto Henrici VIIL . 1 29
the fann parUament^ fir digging rftin in the feveral fiil rf tbe^faid
Hichard and other perfms contrary to this our a^ made.
Statutes made at Weftmin/ier^AnM 5 Hen. VIIL
and Anno Dom. 1513. ' ^
THE King our fovereign lord Hcnrj' the Eighth after the ctfn^
queft^ hy the grace of God King ^England, dnd of France,
and lord of Ireland, at his parliament hol£n at Weftminfter the
txenty third day of January, in the fifth year of Hs moji noble
reigfty after the prorogation^ to the honour of Goa andholy churih^ ■ -
aid for the common weal and profit of this his reatmy by the ajfent
cfthe lords fpiritual and temporal^ and the commons ^ in this prefent
parliament ajfembled^ and by authority of the fame^ hath done to be.
ordained^ made^ afid enabled certainflatutes and ordinances in manner
and form following, , . .*
CAP. I. ^
How the King's fubje^ts of Tournay and Tyrunn in France may
have ailUrance and recovery of their debts due to them by
Englijbmen^ and how Engliftmen of them.
CAP. II.'
An a£l for the trtie making of cloth i/i Devon j catled^\\\tt^
Straits,
PRA YEN the commons and inhabitants (clothmakers^ and buyers
of the fame) within the county ofDemn^ that where Sver» and
many cloths called White Straits, be and have been continually mads
within the find coMty, to the great profit of the Kin^ s fubje^stberei
the which cloths were wont to be well and fufficientiy made, and
bear their breadth yard broad and hcUf quarter raw^ and fifteen yardt
of lengthy mid that no man in times paft hath ufed to make them but that .
the maker thereof hath fet his fpecial mark upon every of the feud
cloths fo by hm or them made, whereby every man may know their 07m
cloths from other mens by reafon of their Jaid feveral marks ; (2)fo it
is J that nmv-a^days the faid cloths be not fufficientiy made, ne bear
their length and breadth according as theyjbould do^ he marked with
every man* s own mark, whereof great inconvenience doth daily enfue and «
increafe^ to the impoverifbing cmd hurting^ as well of the King's fub^ ... . .!
je^s, buyers and fellers of the fame, ai of merchant ftrangers: ' ^
(3) Wherefore^he premises conCdered, that it may be there-
fore enadted by the King our fovereign lord, by the afient of The true mak-
the lords f}riritual and temporal, and the commons in this pre- ingof whitu
font parliament ailfembled, and by .the authority of the ianie,^^**^*^^ ^^'
That from the feaft of Pentecoft next coming, no perfon make Every tntkcr
no foch cloths (called white-Jlraits) to Idl, without that ho be to mack to; r
when -he is raw. ready to be toked, of the breadth of a yard cloths.
and half a quarter, and of length fifteen yards ; (4) and rhat
no peribn make no fuch cloths^ but if he fet his fpeoial marb
VoL.'IV, K upon
t^ ^Aiinor qavit;o HSNiUCi VI{L [1513*
upon every of the faid dpths, fa by him or them made. (5}
And that no peribn ufe no mark on his cloths fuch as any other
perfon doth and hath ufed before him, upon pain of forfeiture
^ . - . of every of the faid cloths, the one half to (he King, and the
5&6£d.6!c.6. marked contrary to the form and effeA afore expreftd ; (6)
»7 £1. €• 18. and this adt to endure unto the next parliament.
CAP. m.
7 Ed. 4 c. 3. An afl that white wool andcloths of five marks and under, may
3 H. 7. c. II. be carried over the feas un(hom. None (hall carry over die
3 M; *« ^* ^' ^* white woolen cloths above the price of five marks un-
l^tncJcd '^' ihom, unrowed, or unbarbed. By 27 H. 8. c. 13. Whita
^ An. c. 9. woolen cloth fold for 4/. (sTr. may be tranfported umhom.
CAP. IV.
An aSfor avoidif^ deceits in worjieds.
Deceits ID TJRAYEN the commons in this prsfent parliament affembUdy That
worfteds. JT whereas worjieds which been truly made^Jbom^ J^ed and calsn-
dred^ as of old time^ hath been acatftomed to be made^ Jbom^ djed^
and calanared^ have been one bf the goodlieft mercbandife andpreaiejf
commodity of this realm y arid not onfy worn within this ream^ hit
Mforhuchwomandufedih other realins ; (2) andfi it is ibatnawof
late divers Jtrangers beyond the fea have taken upon tbem to dry ca-
lander worjteds with gumsj oilSy andpreffesy fo tlmt a coarfe piece
cfworjiedy not being pa/i the value o/xxvi.s. viii.d. is andjball be
made\ by their faid gumsj oils midpreffes^ tojbew like to the value of
The deceit xl. s. or better : (3) and Jf the fame worfledfo dry calandredy taketh
*"**^^"*"*- any wel incontinent it wiJlJhewJ^otty and fotdy and ever after cont:-
landnngot^' ^t^JHHf^ <wrf "ttnll not endure^ to the great deceit and hurt of the
worftcds. wearers th&eofy and lofs of the faid commodity ; mdfor the faid de^
ceitSy and faljenefs^ the faid dry tdandring is fcomed and abhorred in
the parts beyond tbefeayfo that no perfon do ne/haUufe in thofe parts
anyjiicb worjieds to dry calender : (4) and dfo now of late the faid
Jtrangers called Dry Calanders are come into this realm^ and hen
within the fame ufe the faid dry calandrihg ofworjled^ and of thereat
hurt of the faid common weal and commodity of this reabn aforejaid :
II. Wfaerefbre be it enaAed, ordained, and eftabhlhed by
Ae ai&nt of the lords fpiritual and temporal, and the commons^
iti this prefent parliament aflemblcd, and by authority of the
No peWbn £une. That no perfon ne perfons ^thin this faid realm, here-
iballdry cm- after do take upon him or them to dry calander any worfted
biidcr wor- within this fiud realm, upon pain to forfeit for every worfted
*"***• that is fo dry calandred one C. s.. (2) And over that, where-
as the find old calandring of worfteds, called wet calandringi
hath been ufed well and fiabftantially in times paft in the
city of NoruMcby and yet is, by perfons havii^ cunning in the
iame ; be it therefore furthermore ena&d, ordained, and efia-
What n^ni bH(b»l by the authority aforelaid, That no perfon ne perfons
only OiaH wet hereafter do take upon him or them to wet calander any w<»**
calander wor- fted, but 'only fuch perfons as h«ve been bound apprentices to
^^^ 4Hhffir pe^nt of the (amc craft and occupation x^i wet calandring
of
J513O A^9 qmato Henrk!:! VIIL 131
of worft^ by the fpace of feven years, or be cunning in the
iame, and their cunning approved and admitted by the mayor
of the laid city of Norwich for the time being, and the two
inafters of the faid craft and occupation yearly to be chofen
inrithin the (aid city of Nffnuuhy or in the county of Norfoliy of
the craft of wet-calandring, upon pain of every fuch perfon or
perfons, which hereafter (hall do the contrary, to forfeit for every
piece iS calandred againft the ordinances and purveyances afor.e-
iaid, C. s. the one moiety of which penalties or forfeitures above The fbrfei-
fpeciiied, and every of tnem, to be to the King our fovereign turesofthc
lord, and the other moiety thereof to be to the matters of the faid Jj^*"^^"' ^^®
occupation of wet calanaring for the time being. And that it them, and by
(hall be lawful to the mafters of the faid occupation for the time what means,
being, and their fqcceflTors, to fue for the one moiety of all
fuch penalties hereafter to be forfeited, againft every fuch perfon
or perfons as hereafter (hall do contrary to the form and effedt
of this ftatute, by a6lion>6f debt, by writ at the common law,
or by bill or plaint, after the cuftom of fuch city, port, or town
where (hall happen any fuch forfeiture to be or fall, or by in-
fbrmation in the King's exchequer. (4) And that no protec-
tion or eflbin, oe no vrager of law for the defendant in any fuch
a<5tion9 plaint, or information, be allowable before any manner
of juftices, whef€ any fuch fuit or information (hall be ufed for Made perpe-
the faid forfeiture. And this ad to endure to the next parlia- tualbyft5£Lib
ment. c. 5.
CAP. V.
An act concerning jurors in London.
WHERE in this prefent pafliament h$Uin at Weftminfter the A rehearfal of
fntrtb day ^February, in the third year of the reign of our the itatutc of.
fovereign lord the Ktng^ and prorogued unto the fourth d^ of Novcm- Jj^'J.' ^* -^^ -^
bcr, in thefourthyear of the reign of our faid fovereign lord the Kingy in^.omim.
and adjourned unto Weftminfter afore faid \ forafmuch as after ijfius
joined in anions and fuits commenced^ taken^ or depending in the ^ >
Kng's courts before himfelfin his bench ^ and before hisjuftices of the '
commott bencby and alfo in his excbequtr^ at the Kings fuit ^ or at
the fiiit oftheparty^ triable in the city ^London, 'as well the King
as the parties fitffered great delay many times for default of appearance
of the juries impanellid to try the faid ijfues^ and many times for lack
of iurors not having lands or tenements of the yearly value of xl. s.
(2; // was the fmd fourth day ^November ordained and ena^ed^ by
the authority of this prefent parliament ^ that thefheriffs of London
for the time bemgy/houid have full authority and power to returninpa-
nelsy or arrays of all anions and fuits then depending^ or thatfl)ould
depend in any of the faid courts^ or exchequery perfons being citizens^
having goods eo the value of C. mariy or above, to try the if/iie
jcined in every fuch aSiion or fuit. (3) jtnd that, the perfons fo re-
tumedy having goods to the value of C. mariy or abovcy Jhould be
fworuy and do in all fuch juries in likewife in every thing as other Urfons
jhould doy having lands and tenements of the yearly value of 3d. s.
^jeraU charges. (4) And that thefl>eriffs of the faid city for the time be*
K 2 ingy
1 32 Anno quinto Henrici VIIL [^513-
ifigj Jiould nturri upon the firft diflrefs in every Jiich a^im or"
fuity upon every of the jurors impanelled to try the iffkes there»/\
XX. d. and upon the fecond £ftrej5^ upon every of the Jitme jurors^
xl. d. and upon every dtjirefs after that^ upon every of the fame jurors
the douUe^ tilla full jury tn every fuch affion andjuitjbould appear^
and heftvom to try the iffue joined in the fame. (5) And that the
Jheriffs that Jhouldniake any return upon fuch diffreffes^ contrary^ to the
form aforefaidy Jbould forfeit for every fuch default y x. li. the one
Tlw explana-
tion of the fta-
tuteof^lLS.
half thereof to he to the ISngy and the other half to the party that will
file therefore :
II. And that the defendant in any fuch attionjhovld not he admit-
ted to wage his laWy nor proteifion therein for him allowed ; (2)
which Jlatute was only made for the good expedition of jt^ice^ for
to have quick appearance 0/ jurors citizens of London at Saint
Martin's le Grand, within the faid city^ where aU juries were and
teen hounden only to appear to try the iffues joined of att things triable
in London by procefs ^Nifi prius ota of the faid courts j and in none
otter pbce^ according to their ancient liberty, privilege^ andcuftom:
III. Wherefore, for more plain declaration of the fame good
ftatute, be it ordained and enabliihed by the authority otthis
prefcnt parliament. That the* faid aft be expoimdea, inter-
preted, and taken, that the iherifFs for the time being be
bounden to return at every firft diftrefs of NtJipriuSy to be had
af the faid St. Martin^s^ in every fuch aftion or fuit, upon
every of the jurors impanelled to try the iffues thereof, xx. d.
and upon the fecond diftrefs of Ntft priusy upon evcrjr of the
fame jurors, xL d. and upon every diftrefs of Nift prius after
that, upon every of the fame Jurors the double, till a full jury
in every fuch aftion and fuit mall appear, and be fwom to try
the iffue joined in the fame. (2) And that no fheriff of the faid
city, or other, any thing fbrreit bv force or colour of the faid
ftatute, for any return td be made, except only upon returns
to be made contrary to the form, declaration, interpretation,
^and expofition of this ftatute, that is to fay, upon writs of dif-
trtffes before juftices or juftice of Niji prius within the faid city,
'3) and that upon all other writs' and procefles, that be and
fiall be awarded out of the faid courts or exchequer, it fhali
be lawful to the (herifFs for the time being, to make their re*
turns according to the order of the law, as the (herifFs of London
were wont to do before the making of the faid ftatute, without
any lofs or forfeiture.
CAP. VI.
^n ail concerning furgeons to be difckarged of quejls and other
tbif^s.
The caufes QHeweth unto your difcr^et wifdomSy your humble orators the war-
wby furgeons i3 dens and fellow/hip of the craft and myjiery offurgeons enfran^
have been «x- chifed in the city of London, notpajfmgin number twelve perfonsj
bcaSing^of ar- '*^' whereas they and thetr predecejfors^ from the time that no mind
mour or other it to the contrary y as well in this noble city of London, as in att other
lenriccj. cities and boroughs witlnn this rtalm^ or elftwhere^ for the continual
fer-
Wliat iiHjcs
the Oier^t of
London fiiaU
return upoi>
|urors.
ftall
X513O Anno quinto Henrici VIIL 133
yirvke and ^Ondame that they daily and mghtly^ at all hour^ and
tjmti^ give to tbe King's liege piopk^ for the relief of the fame^ accord-
xjig to their fcience^ have been exempt and difcbarged from all offices '
^indbufinefsy wherein theyjbould ufe or bear any manner of armour
mr weapon^ and with like privilege have been intreated as heralds of
€2rmSj as well in battles andfieldsy as other places^ therefor tojland
mnharne/fed and tinweaponedj according to the law of arms ^ becaufe
dhey be perfons that never ufed feats of war^ nor ought to ufe^ but
endy the buftnefs and exercifi of their fdeme^ to the help and
comfort of the King's liege people in the time of their need : {2) And
in the aforefaid city of London, from the time of their firfl inc^^-
^ation^ when they have b^en many mo in number than thy be now^
were never called nor charged to be on quejij watchy norothfr office^
whereby they Jbould ufe or ofpcpy any armour^ or defenfible geer of *
war^ where through theyjbould be unready^ and let tea to praStife .
their cure of men being in peril: (3) Therefore, for that there
be fo fmaU number of the faid fellowship of the craft and my*
fiery of furgeons, in regard of the gr^t multitude, of patients
that be, and daily chance, and in^rtune happeneth and in-
creafeth in the forefaid city of London j and that many of the
King's liege people fuddenly wounded and hurt, for default of
help in time to them to be (hewed, perifli, and fp divers have
done, as evidently is known, by occafion that your f«id fup-
pliants have been compelled to attend upon fuch coqftablefhip,
watches, and juries, as is aforefaid; (4) be it enaded and The furgeons^
eftabiifhed by the King our fovcrcign lord, and tb? Jord$ fpi- ofLondonrbali
ritual and temporal, and by the commons, in this prefent par- ^ ^*iJ?^n
liament aflcmbled, and by authority of the fame, That from ^^^ur or pa -
henceforth your (aid fuppliants be difcharged, and not charge- riih offices, &c«
able of confcableihip, watch, and of all manner of office bearing
any armour, and alfo of all inquefts and juries within the city of
Lendin: (5) and alfo that this ad in all things do extend to all
barber-furgeons, admitted and approved to exercife jthe faid h s.cxt
myftery offiirgeons, according to die form of the ftatute lately ^^^ |i^ j^ ^^ |,^
made in that behalf, fo that they exceed not, ne be at one
time above the number of twelve perfons.
CAP. VII.
All (Irangers being of the fellowlhip of the Trinity, Gfr. may buy ^^ 5 EL c. «.
leather curried in open markets, l^c, fufficiently wrought and M • ^ • ^*'
fealed, (jTr.
CAP. vni.
Every perfon that will fue for the King's pardon granted upon E XR
certain articles, fhall have it^
Statutes made at We/iminflery Anno 6 Hen. VIIL
and Anno Dom. 1514.
THE King mrfovereign lord Henry the Eighth after the conr
mieff^ by the grace of God Ki/tg /^Z" England and e/* France
. K3 * m4
13+ Anno ferto Henrici VIIL [15 14.
and l9rd eflrtlzaAy at his parliamM hoUen at Wcftminftcr the
fifth dof 4Jr February, in thefixth year (fhis moft nehU reign^ t^ter
tU prorogation^ to the honour of God and holy church ^ and fir the
common weal and profit of this his realm^ by the afient of the hrds
fpiritual and temporal^ and the commons^ in this prefent parliamefit
affembledy and by authority of the fame^ hath done to be ordained^
tnade^ and enaSled^ certain ftatutes and ordinances^ in manner and
form following,
CAK L
Rep. 7. H. 8. What apparel temporal men of every degr^ and eftate may
C.6. wear, and what not: The forfeitures of the oflFenders, and
1 Jac. If c. »5, ^ijq fl^jjjj jjjjyg i^ok forfeitures, and how they (hall recover
them.
C A P, 11.
Rep. -^ H. 8. The ftatute made Amto 3 /A 8. c, 3. concerning maintenance
c J. of archery, (hooting in long-bows, and bringing in bow--
ftaves into this realm wherefoever, confirmed, and made
perpetual.
CAP. Ill,
Rep. by 7.H.8. '^^^ fcveral wages of feveral forts of fervants in hulbandry, ar-
cs-aiidjEliz. tificers, and labourers, and the penalty of thofe that take
ff V more. At what hours an artificer and labourer (hall begin
' and end his work, and what time he IhaU have for his meals
and flcep.
CAP. IV.
Jn ail for proclamations to he made before the exigents be
awarded in foreign fijires.
^ H. 8. c. ^ "ITZHERE at a parltament holden at WeftminflKr the fourth Jajf
VV ^Febniaiy^ in the third year of the reign of our Jovereign
hrd King Henry tne Eighth that now is^ and from thence (for di-
vers urgent eau/es) unto the fourth day ^November, the fourth year
of the reign of our faid fovereign hrd^ prorogued^ one good and reafon^
able ail was made andordained^ touching writs of proclamation to bo
made upon exigents Aed againfi any perfons in foreign or other finrcy
than where fuch defendant be called of\ only to emkre from thence
unto the next parliament : (2) which oil is now determinedy the
effell and true intent of which faid ail is thought right available^ ami
commodicus^ and in avoiding of outlawries hereafter to be pronmnced
again/l any perfon by reafon of fuch foreign fuits^ to have conti^
nuance^ and perpetually to endure: ( j) be it therefore, by the
King Qur fovereign lord, with the afient of the lords fpiritual
and temporal, and the commons, in this prefent pai^iament
aflcmbled, and by authorityof the fame parliament, enacted.
Proclamation prdaitied, and eftablifiied* That if and where any writ of exi-
awarded in a gent, ^t any tf mc fi-om the fifteenth day of Eafter next coming,
frSfn whTrc ^^ ^ftP^t ft^I ^ awarded at the fiiit of 6ur fovereign lord the
the defendant King, qt any other perfon of perfons, plaintiff or plaintiffs,
is tued. in any aftion perfonal, agaipft any perfon or perfons called of
any inire or city, being a fliice-corporate of itfelf, or clfe latfe
^of aify- fuch (hire or city^ other thap into fuch toif « or city where-
into
iSH'l Anno ftxio H^NRici Vllf. t^g
into iuch exigent fliall be awaidttd, lo be called ^cori^
ing to the hw ; (4) and alfo ki every writ of exigent in any PcocUmations
aAion perfonal, whereof the procefe or exigent at the £iid where the par-
fifteenth day of Eajfer, or after, (haU be dire6ted into Xw^tor ?y »» *''^«"»n«
m MMrfiXy the defendant being cafled late of London, or late IJI^'i^"^^
'of AStU^eXy and at the time of the exigent awarded not dwel-
ling in LcndoHj nor in Middle/eXy or elfe that the faid defendant
or defendants in the fame exigent dwe^ in any other (hire
or place than where the King's writ runneth ; (5) then the
juftices before whom any fuch exigent is to be awarded, in all
a6Hons where the exigent fhaH not be direfted into London nor
KBdiUftXy to award a writ of proclamation to be direfled to
the (hcriff of the fame county, where it doth appear by the
ufins of fudh aAion, that the party defendant is or lately was
dwefling, if the King^s writ there be currertt, and elfe to the
fiext (hire adjdmng to the county or counties, or other places,
wbereof the party is called, or lately fuppofed by the faid exi^
gent to have his being of, where the King's writ (b runneth
not. (6) And in every action as aforefaid, whereof the exigent Dyer,4i9 axj.
ihall be direSed into Lmdm or MiidUfex^ and the defendant Bro, Err, io5,,
or defendants in the iame called late of London or of Middlefex^ ^ .
and at time of the exigent awarded, not having his or their
dwelling in London or M^dlifi^c^ then the writ of proclamation
to be awarded, made, and dire&ed unto the (hertfTof the (hire,
where the defendant at the time of the exigent fo againft him
or them awarded fliall have his dwelling, or, in cafe where
the King's writ runnerii not. Unto the next (hiae thereunto .
ac^oining; (7) the which faid writ of proclamation (hall con-
tain the efitCMft of the fame a6^ion, and that the (heriff of the
county, to whom any fuch writ of proclamation (haU be dire^«
ed, fliall make three proclamations within his county at three 'ly^Ytz proela^
feveral days, that is to fay, two ctf the ftme proclamations in mations.
the full and plain (hiiTe-court of the fame county, and the third Fbrproclama-
of the faid proclamation to be made at the general feffions in tionsincoan-
thofe parts, where the party d(if(Q(iidant is fuppoftd to be dwel- fJJ^f ^Z"*'
ling, or in the parts of the couhty next adjoining to the county c. 10. W 1. ic
or counties where the King's writ runneth not, that the party 5^ 6 Ed. $,
defendant yield himfelf to ttie (heriff of the foreign county,.^'- ^* ^- *•
to whom v>y fuch exigent in any aAion perfonal is awarded | *' * ^' '*
fo <hat the flieriff of fuch foreign county may, upon his YJeld^
ing, have the body of the faid defendant betbre the jufticesj
before whom any fuch exigent is awarded, at the day in the
fame exigent comprifed, there to anfwer to the plaintiff in the
feme according to the Jaw,
n. And that every fuch writ of proclamation (hall have the Theproclt-
feme day of return, -as the writ of exigent upon fuch foreign mation (hall
aflion fo awarded (hall have : (2) and that every fiich writ of ^ If ^'Jf "^^^i
proclamation be delivered of record to the (heriff or deputy 3*rca)jr<?^
of the county, into the which any fuch writ of proclamation is to
be awarded; (3) and that the (heriff of the fame county duly
do ex^ute tbp fame, and thereof make tryc return at the day
K4 of
» 3^ Anno f«w H?pnr|ci YIII. [1514*
of the fiiioe writ appointed, upon psi^n tp forfeit fuch amercia'
ment unto the King our foverei^ lords ?nd to his heirs, as
by the difcxetion of &e juftices, before whom fuch exigent /hall
be returnable^ (hall be (let.
IIL.And that the officer, in whofe office fuch exigent is
taken, make out the faid writ and writs of proclamadon, as
hereafter iliall be awarded in any of the fiitd courts.
The of!icer*s IV. And that the fame officer take no more for the qiaking; of
fee for making any fpch writ of proclamation, and the entering of the ikme of
bfprodama- recQR^, but only vi. d.
iSToutlawry ^* "^^^ ^^ ^Y P^tlawnr hereafter be had or promulgcd
avoided with- 9gainft any perfon or p^rRms, in any at^ion perfonal, in any
cut writ of foreign county, aQd no writ of proclamation (as is aforefaid)
^rror. awarded ai^d returned, that then every fuch outlawry to be
utterly void and of no eSedt'ne force in the law ; and that
all outlawries had contraiy to this ^!£t be avoided by averment^
without fuing of any wrip of er^or.
Exp.*ar- GAP. V/
C* JO.
7 ll. 8. f. I. Whofoevcr decayeth any town qr houfc of hiifbandry, or dprh
^H. s.'c. aa. convert tillage into pafture, fliall forfeit to the lord of ttie fte
I & 6 Ed. 6. j^^jf ^{jg pj.Qg^5 thereof. ' 'To endure iq Chnftmas.
\fkc%. ' CAP. VL
• ' An a^ for the remitting prifoners with their indictments to
(he places where the crimes were committed.
'HUV£ covers felons and murtherersy upon feigned and untrue
furmifes^ have oftentimes removedas well their bodies as their
inds^meniSy by utrit and otherwife^ before the King in his bencb^ smd
cannot by the order of the law be remitted andfent down to thejufiices
of gaol-delivery^ or of the peace^ ne other juftices ne commpmers^
to proceed upon them after the tourfe of tho common law : (a) Be
Thejufticff of it thwefor^ ordained and ensiAed by the authority of this pre-
b^nchmavre fc»^t parf»Wient, That thcjuftices of the King's bench for the
mit prifonm" ^^^^ being have full authority and power, by their difcretions,
out of that to retriand and fend down, as well the bodies of all febt^s and
court into the murthcTers brought or removed, or that Ihall be removed or
country to be brought Jbefore the King in his bench, as their indiamcnts,
•^* f ' into the counties where the fame murthers or felonies have
been committed and dope; (3) and to command all juftices
of gaol-deliyery, juftices of peace, and all other juftices and
commiilionersj^ and eveiy pf^ them, to proceed and determine
upon all the aforefai^ homes and indi^ments fo removed, afiter
the courfe of the common law, in fuch manner as the fame
juftices of gaoUdeJivery, juftices of peace, and other com-
niiflionws, or any of them might or ftiould have done, if the
faid prifoners or indiAments had never been )>rought into the
faid King's bench, - •
CAP,
w
1514-] Anno fexto Henrici; VIII. i^j
««. •
CAP. VIL
The fcvcral funis that watermen (hall take for their fare from'Alteredbyi&
one place to another near to the city oiLondM ; and the water ^ 3 Ph. 5rMar.
men refufing to accept the faid fares or wages limited, (hall ^* >^-
forfeit the treble value thereof.
CAP. VIII.
^ aa concerning the making of certain woolen cloths in the
county of Dcvqn.
WHEREAS at thi parliamint holdcn at Weftminfter the twenty A rchcarfalof
tb^ditsy of January, afttr the M prorogation thereof^ /«'*** ft*'"^«^
^be fiflbyw of the Kinf^imojt noble reign^ the commons and inhabitants touching the
{clotbmakers and buyers of the fame) within the county ^Devonfliire, making of
frayed and defiredy That where divers and many cloths^^caUed White ^^^^^ ^raitj
Straits, be and have been continually made within the faid county^ in DcvoniUirc.
to the great profit of the K.in£ s fubje^s there ^ the which cloths were
v^nt to be well and fufficiently madcy and to bear their breadth^ yard
broad and half quarter raw^ and xv. yards of lengths (2) and
that no man in times pqft bath ufed to make them^ but that the maker
thereof bath fet his fpecial mark upon every of the faid cloths fo by
him or them made^ whereby every man may know their own cloths
from other menSy by reafon of their faid froeral marks y {i) fo at
the faid parliament it wasjhewed by the inhabitants (clotbmakers and
buyers of the fame) in the county aforefaid^ that now-a-days the faid
cloths be not fufficiently made^ ne bear their length and breadth ac^
cording as tbeyjbould doy ne marked with every maris own markj
whereof great inconvenience doth daify enfue and increafe^ to the
impoverijbing and hurting as well of the Ein^sfubje^Sj buyers and
fellers oftbefame^as merchants flrangers. (4) Wherefore the pre^
miffes confideredy it was therefore enabled by the King our fovereign
ierdy by the affent of the lords fpiritual and temporal^ and the com^
mons^ in the fame parliament then affembledy and by the authority of
the fanuj That from thefeaft tf/Tentccoft next after the making of
the faid adl^ no perfon Jbmd make anyfuch cloths^ called White
Straits, tofell^ without that it or they bcj when they be rawj ready to
be teied^ of the breadth of a yard and half a quarter y and of length
xv. yards y (5) and that no perfon make any fuch cloths^ butifhefet •
Us fpecial mark upon every of the faid cloths fo by him or them
maacy (6 J and that no perfon ufe no mark on his cloths^ fuch as any
ether perfon doth or hath ufed before him^ upon pain of forfeiture
of every of the faid cloths^ the one half thereof to be to the Kingy
and the other half thereof to him that fo feifeth the faid cloths fo made
or marked contrary to the form and effeh afore expreffed. (7) Jnd
this a£t to endure unto the firfl day of thisprefent parliament, (8)
And forafmuih as the faid a£l is thought to be very neceffary and
fehovabley be it therefore ordained, eftablifhed, and enaded by The aforeratd
the King our fovereign lord, and the lords fpiritual and tern- ftatute con-
pora|, and the commons, in this prefent parliament aflcmbled, ^rn?cd.
iafld by authority of the fame, I'hat the faid aft concerning
' making
F
138 Anno fbrto HenricI VIII. [i5i4-«
toiaking of cloths, called fFhite Straits^ and every thing therein
contained, ftand and be in his full ftrength, virtue, and efiedl:.
(9) And over that, it ir ordained by the faid authority. That
no perfen or perfons from the feaft of Saint Jolm Bc^ti/l xiext
coming (hall make any fuch cloths, called fHnU Straits^ ne
The length ^^ly cloths of that making of rufifet colour, called Rujet
andbreadthofS/rtfi/j without that they and eveiyof them (being raw) be of the
niffet ftraiti. breadth and length before rehearied, and to be marked in manner
and form before exprefled, and fo bang raw, to wei^ xiv.
pound by true weight at leaft, upon pain of forfeiture of every
of the faid cloths made, and being lels in length or eUe in
breadth, or marked contrary to the form and em<5t before re--
hearfed, or eMc bring of weight contrary to the forni before
exprefled ; (10) the one half of the faid forfeiture to be to the
Kmg, and the other half to him that fo feifeth the faid cloths
7 Ed. 6. c 9. fo made> and being of weight contrary to the form and cffeA
%^ El, ۥ iS. aforefaid. (11) And this aft to endure for ever,
CAP. IX,
An aR to a^oid deceit i In making ef woolen cloths.
^OR the deceitful draping and making of woolen cloths,
' made and draped within this realm, and alfo for mea*
furing in the fale of the fame, our fovereign lord the King, by
the advice of the lords fpiritual and temporal, and of the com*
mons, in this prefent parliament aflembled, and by the au>
thority of the lame, hath ordained, eftablifhed, and enaAed
divers ordinances and flatutes for the true making and draping
of fuch woolen cloths, and for mcafuring in fale the true con-
^«^iphtof tent of the fame in manner and form following: (2) Firfl,
Sto breir That the wool which fhall be delivered for or by the clothier
kemb, caidl ^ *"7 perfon or perfOns for breaking, kembing, carding. Or
oripin. fpinnmg of the fame, the delivery thereof therdFore fhall be
by even, jufl, and true poife ?nd weieht oi Hayerdepoisy fealed by
authority, not exceeding in weight aror the rate of twelve pounds
feimed wool, above one quarter of a pound for the waflc of tho
The weieht of fame wool, and in none other manner. (3) And that the
ytfo^ and yam breaker or kerober to deliver again to the fame clothier the fame
thedoSiicr ^ wool fo broken and kembed, and the carder and fpinner to de-
liver again to the faid clothier yarn of the fame wool, by the
fame even, juft, and trup poife and weight (the wafle thereof
excepted) without any part thereof concealing, or any more
oil, water, or other thing put thereunto deceivably, (4) upon
the pain to forfeit to the lord of the leet within the precind
whereof fuch default is done, for every fuch default icij d, upon
due proof of fuch deceit afore, and by the difcretion of the
mayor, bailiff, or other head officer or the city, boroijgh, or
town where the deceit fhall appear, the fame mayor, bailiff,
or head officer calling to him fuch perfons as fhaJI Icem to him
convenient for the proof of fuch deceit.
AveavcritiaU IT. Item, That the weaver, which fhall have the weaving
put all the of any woolen yam tq b^ wet)bcd into cloth, IhJll weave, work,
yarn i»to the / / ^ ^ > and
1 5 14.] Anno fcxto Henrici VIII. 1 39
and put into the web for doth to be made thereof, as much ^cb, or rc-
and all the fame yarn, as the clothier, or any perfon for hhn ^^^^ "•
fhall deliver to the fame weaver, with his ufed mark put to
the fame, without changing, or any parcel thereof leaving
out of the fanv web, or that to reftore to the fame clothier the
furplus of the fame yarn, if any (hall be left not put into the
fame web, and without any more oil, breene^ moifture, duft,
fand, or other thing deceivably putting or cafting to the fame
web, upon pain to forfeit for every default three (hillings and
fourpence.
III. Item^ That no manner pcr(bn buy any coldured wool. Coloured wool
or coloured woolen yarn, of any carder, fpinner, or weaver, to be bought
but only in open market upon pain of forfeiture of fuch wool j^" °^L"*^'
and yam fo bought.
IV. Item, That the walker and fuller (hall truly walk,- full, '"jf.^^J'^r
thick, and work every web of woolen yam which he (hall have ^uty." ^^*
to walk, full, thick, or work, without any flocks, or any
other manner deceit to be ufed on the fame, and Ihall not row
nor work any cloth or web with any cards, on the right fide
nor on the wrong (ide, upon pain to foifeit for every fuch default
fix (hillings eight pence.
V. Item, Th^t the clothier, nor other perfon whatfoever. Shrinking of
fhall not put any cloth to fale, which when it (hall be full wet ci<^*
fliall (brink more than one yard in all the length, and one quarter ^iSve tbcvalue
of a yard In the breadth, for the more part thereof; (2) and of 40f.&c.
cloths called Narrows or Straits after the me, upon pain to (hall not be for-
forfeit for every cloth othcrwife put to fale vj.s, viij, d. and fcitcd.u&is
befide that, to dedudt of his price for the faftie, to be rebated ^ 8.c-«i«(^5-
to the buyer thereof, as much after the fate as the fame cloth
fo otherwife put to fale, being full wet, (h^ be (hrunk more
than one yard of that it was in length at the time of the fame
£de, and as it (hall (being wet) want of the breadth of one yard
and three quarters of a 'yard.
VI. Item, That the buyer of woolen cloths, denizen or No (training
alien, after the buying thereof, (hall not draw, norcaufe to of cloth by
be drawn in length, nor ftrain, nor do to be (brained in breadth ^^^^^
the (ame cloths, or any of them, by tcntour or wrinch, or by -5,"Ed!6.c.6.
any other mean, ypon pain of forfeiture for every of the lam^ 3^ El. c. ao.'
cloths fo to be drawn or (Ironed C. s.
VII. Provided alway. That if fuch buyer of woolen cloths,
for proof caufe the fame to be wet, he may draw and (brain
them for evening of tbam only, fo that he exceed not one
yard in length more than it (hall be when it (hall be full wet.
VIII. Item, That no manner perfon work, or put upon no flocks (hall
any woolen cloths, any flocks, or other deceivable things upon beputinclotb.
pain to forfeit for any doth fo wrought deceivably with flocks,
or other deceivable thing xxs.
IX. Item, That no manner perfon, buy or fell any woolen Themcaftre
cloths by other meafure, more or lefs, than after the true con- ^^^ j^a^ulmch.
' tent thereof to be mcten and meafured by the yard, adding to ^i|^d!6.c!a.
every yard one inch of the rule, upon pain to forfeit for every
cloth
J40 A^no fcxto Henrici VIII. [^514.
cloth to the contrary meafured, C. s. (2) the onemcHety of ali
the faid forfeitures to be to our fovereign lord the King ; and to
every perfon which {hall fue by writ, bilU or other plaint of
debt in that behalf againft the perfon doing to the contrary of
any of the faid ordinances, the other moiety ; and that the de-
fendant in any plea, upon any fuch adion, be not admitted to
wage his law, nor any protedton nor eilbinfor any fuch defen-
dant be allowed in the fame.
Ccrttim clotfis X. Provided alway. That this aft extend not to woolen cloths
^etdontMt^ called Kifidak, nor cloths called Carpenal-whiusy commonly made
extend* for lining for hofen, nor to any cloths called ToflokeSy made in
the county oi Devon^ (2) nor to any woolen cloths made in the
county oiCornwally nor for any cottons or plain lining, or friefe
made or to be made in JValeSy Lancajhire^ and Chejbire^ or any of
them. ,
C A P. X.
jIn aSlfor commiffion of fewer s.
Commiflions 'fXT'HERE in the parliament of the right nMe Prince Henry tbf
of fewers may V V Sixths late Atng of En^and, hoiden at Weftminfter, the
^ jmntcd ^^Jirjl year of his reign^ one goodjtatute was made and ordained^ That
ftatuttt ^° ^ ^ f^^ ^^ y^^^ ^^^^ nextfoUowingy feveralcommiffions ofJewersjbotMbe
6 li. 6. ex 5. inade to divers perfonsy by the chamellor of England/^ the time being
&4.IL7. C.I, to hi namedy in aivers parties of this reabn^ where need were^ after
the form and tenor of a commijfton in the faid a& fpecified ; wirico a&
andpther a^sfor the authority of fuch commiJ/ionerSy and executions of
the famcybavefince been made ana ordained andcontinuedy as been more
plainly rehear fed in the parliament hoiden in the fourth year §ftbe
reign of King Htnrylate King tf/ England, the Sjeventh; and in the
fame parliament the faid fourth year it was (among other) ena&edand
eftabliftHd^ That for fifteenyears thenfolbwingy feveral commffiens of
jfwers Jbpuld be made tg diners perjon^y by the chancellor of £ngland
for the time being to be namedy in all parties of this reabUy and uf the
marches of Calais; Guines, and Hammes, where need fim bey
made according to the faid (ommffim contained in the faid fixth year of
King Henry the Sixth \ 4nd that all fuch comnuffioners Jbould bavefidl
power y to makcy ordainy ^md execute ordinanceSy and all other things
do according to the purport of the fame commiffion^ which fifteen years
comprifed in thejMd aSl afirejaidy been now determined^ pleafeth
it therefore the King our fovereign Ion), with the ailent of the
lord^ fpiritual and temporal, and the commons, in this prefent
parliament aifembled, and by authority of (he fame, to ordain,
c(labli(h, and enad, That the faid adls, and all other a6U, and
authorities heretofore made concerning commiflioners offewers,
and their commiflions ai^d authority, not being before this time
repealed, abide, and ftand from henceforth go^ and effedual to
endure for ever: and alfo that the chancellor of £iy^iW for the
^ime being, (hall have from henceforth full power and authority
for ever, to grant commiflioners of fewers into every part of
this realm, and the faid marches, where need is or ihall be, to
f crtain pcrfous by the faid chapceljor for the time being to b«
1 5 14.] Anno fexto Henrici VIII. , 1 41
named, according to the form and effe<fl pf the (aid commllTion
and zA expreiTod in the faid parliament holden the faid iixth
year of the reign of I^inz Henry the Sixth: and over that be it
ordained, ena<5led, and eftabliflied by the faid authority. That
all fuch commifTioners have, and (hall have full power and au>
thority to put their commiffion in due execution, and to make
and execute ftatutes and ordinances, and all other things to do
after the efre<ft and purport of their commiflion; and that all
commiflions of fewers granted or made fince the (aid twenty
years determined, and the a<fls, ordinances, and all executions,
and other things by the commi(rioners of the fame, concerning
the faid commi(rions, or any two of the fame commifliohers,
and every thing in the fame comprifed, be and (hall be, effeftual
and of like ftrength, as if the (aid commiflion had been made
or granted within the faid five and twenty years, immediately
after the faid parliament holden the faid fourth year of the reign
of King Hewy the Seventh. '
II. And a!fo be it enaded by the faid authority. That the
chancellor of England for the time being, (hall make no com-
miflion to any perfon or perfons for the execution of this aft,
except he have lands and tenements of eftate of freehold, to the
yearly value of twenty pounds at the leaft, or elfe be juftice of
^mrum learned, within any of the (hires where he (hall be made
commi/Iioner.
III. And if any fuch commiflTion be direded to any perfon or -- . ^ ^
perfons, not having lands and tenements to the yearly value of ^^ ^ reviwd'
twenty pounds, or not being one of the juftices of ^iorufh learn- by a j H, S.
ed as subrefaid. That every fuch commiflion, and all prefent- c.5,
ments and accufations, had and prefented before any fuch com-
miflioners, and alfo all and every fines fet by the (aid commif-
fioner or commiilioners, to be utterly void and of none eflfeft.
This aft to endure but for ten years, and from the end of die
fame ten years, unto the next parliament.
CAP. XL
The ftatute of 1 ^. ?. r. 1 1. touching bringing in of bow-ftaves,
(hall be extended to ftrangers only, and jiot to the King's
fubjefts. 'To endure to the next parliament.
CAP. xn.
None Ihall carry beyond the fea any Norfolk wool meet for the
making of worfteds or ftamins, upon pain of forfeiture of forty
(hillings for every ilone. To endure to the next parliament.
CAP. XIIL
Whofocver (hall (hoot in, or keep in his hou(c, any hand-gun,
or crots^bow, without the King's licence, {hall forfeit the
fame, and ten pounds for every (hoot, unlefs h6 hath tp the
yearly value of thrice hundred marks. All former (tatutes 14. H. S. c.7.
touchiQg (hooting in crofs-bows and band-guns repealed, by *5 ^ ^« ^*^7^
33 H. 8. C.6.
CAP.
142 Anno fexto Henkigi VIIL [1514-
CAP. XIV.
The ftatute of 12 Ed. 4. r.3. for the payment of tonnage and
poundage (hall ftand good during the King's life.
C A P. XV.
An aa adnulling fecond letters patents during the King* s plea-
fur e^ making no mention ofthefirft letters patents.
THE Kinfs Highnefs of his gooinefs calling to his remembrance^
that when his Grace hath granted to divers ofhisfervants (far
their, fervice to bis Grace done) landsy tenements^ fees^ offices^ and
iLcon. 5«i. other things^ to have to them during his pleafure y {^) and after other
3 Leon, a^i, porfons^ by their fundry fuitSj hai/e obtained of his Highnefs other
*^' letters patents of the fame^ not advertififig his Grace if bis for-
mer grants J whereby the faid former patentees have been avoided^
and put from the advantage of their faid former grants and pa--
tentSy contrary to the intent and grant of our faid f over agnUrd:
Second letters /3) Wherefore be it ordaiqed, eilabliihed, and enaded by our
P**^?^» (aid fover^i|n lord, the lords fpiritual and temporal, and the
TOcntkm"of Commons, m this prefent parliament aflcmbled, and by autho-
the firft, ad- rity of the fame. That if any perfon or pcrfons from henceforth
nulled. do make fuit to the King's Highnefs for any lands, tenements,
Whftt (hall be offices^ or any other tilings fo by his Grace gn^ited, or hereaf-
^*'P^(lc<lj«^ ter to be granted to any perfon or perfons during his pleafure,
Icttew pftents *^ ^^^ ^^ patentee Ifccn being in life, that he do exprefs in his
of lands, of- ^^ ^^ of petition Qfc patent the tenor of the faid former patent,
fices, &r. be- and that the King then hath determined his pleafure againft the
fore grantedto fold firft patentee; (4) or elCs the fecond letters patents of any
feme other, gf (h^ premifles to any perfon hereafter to be granted, to be void
and of none effeft.
11. This adt to commence and take effect from the fourth day
of April next coming, and not before.
CAP. XVI.
An a£l that no knights of Jbires nor burgeffes depart before
the end of the parliament.
FORASMUCH as commonly in the end of every parUament di-
vers and many great and weighty matters^ as well touching the
pleafure^ weal^ and furety of our fovereign lord the Kingy as the
common weal of his this realm andfubje^s^are to be treatedycommumd
of and by authority of parliament to be concluded ; {2) f(f it iSy that
divers knights ofjhiresy citizms for cities y burgeffes feir horoughsy and
harms of the cinque portSy long time before the end of the faid parlia-
menty of their own authorities y depart, and go home into their coun-
triesy whereby the faid great and' weighty matters are many times
Seatly delayed: (3) In confidcration whereof be it ena^ed by
e King our fovereign lord, the lords fpiritual and temporal,
and the commons, in this prefcnt parliament aflcmbled, and by
I^«J^^»wr authority of the fame. That from henceforth none of the faid
oftEeparlh- '^^g^^^j citizens, burgeflcs, and barons, nor any of them that
me&t may not hereafter fliall be eleded to come o^ be in any parliament, do
not
xsis^l Anno feptimo Henrici VIIL 143
not depart from the faid parliament, nor abfent himfelf from the depart belbr
iame, till the faid parliament be fully finifhed, ended, or pro- ^««ndthcrc-
rogued, except he or they fo departing have licence of the
ipcaker and commons in the faid parliament aflembled, and the
iame licence be entered of record in the book of the clerk of the
parliament, appointed or to be appointed for the commons
houfe, upon pain to every of them fo departing or ab-
senting themfelves in any other manner, to lofe all thofe fums
of money which he or they (hould or ought to have had for his
or their wages; (4) and that all the counties, cities, and
boroughs whereof any fuch perfon (hall be eledted, and the in*
habitants of the fame, (hall be clearly difcharged of all the faid
"Vfzges againft t^e faid perfon and perfons, and their executors
for evermore.
CAP. XVII.
The river of Canterbury (hall be deepncd and enhanced, (b that p r.
lighters, &c, may pafs upon it.
CAP. XVUI.
The under-(hcrifF, and all other officers of (heriffs, may con- ^^
tinue and occupy their oflSces within the county of the town
of Brijiol^ from year to jrear, in fuch fort as the like do in
London^ without any forfeiture, ootwithftanding the ftatutes
of 42 Ed. 3* ^.9. ^ 23//. 6. a8.
Statutes made at Wejhninfter^ jinno 7 Hen. VIII.
^xAAnribDom. 151 5.
THE Khtgmtrfiviriign brd Henry the Eighth after the cmpujl^
by the Grace of G^ KingofEBghBdyOndofFrzhcc^ and
brd ef Ireland, at bis parliament holden at Weftminfter the
twelfth dof ^November, in the feventh year of his mejl noble reign^
to the honour ofGod^ and of holy churchy ana for the common weal
and projlt of this his realm, by the ajfent of the lords fpirittud and
temporal^ and commons^ in this prefent parliament aJfemUedy and by
authority of the fame ^ bath dene to be ordained^ made^ andenaSedy
eertainfiatutes and ordinances^ in manner and form ftdkwmg^
CAP L
If any perfon (hall decay a town, a hamlet, orhoufeof huf-MR«8-c.i3.
bandi^, or convert tillage into paifaire, the immediate lord 5^11*- ^*-
of the fee (hall have the moiety of the offender's land, until ^\ ^Ic.' iT*'
the offence be reformed. . csS.
CAP. II.
A repeal of all licences granted contrary to the ftatute of4 H. 7. ' *^''^'
r.io. to bring into this realm G^^for wines, ovThouloufi
woad, but in EngliJhOxif^.
CAP.
144 Anno xiv; & xv. Henrici VUL [i52«-J.
R p, . CAP. III.
Bro.aKionpo- ^"1^*^^ what time all adtions, fuits, bills, ihdidVmcnts, or in-,
pular, 6, formations popular (hall be fued, cither for the King, or for
Savil, 6. the party.
CAP. IV.
An ali concerning avowries for rents and fervices.
How rent* TT7HEREAS divers as xvell ncblehun as other the King^s fubjeSfTy
and fci^iccs y V have fuffered recoveries againft them of divers their manorsy
Tcred by"^" lordjhipsy lands ^ and tenementSy for the performance of their wills ^
avowry. or for the furety of their wives jointures ^ or for thejnnture of their
fons and heirs apparent ^ and their wives, or of any other per/an or
perfons, according to their covenants and agreements , (2) emd thofe
^ perfons that fo have recovered the faid manors by thecourfe of the
common law, had no remedy y nor may have, to compel the fer mors ^
freiholdersy and tenants j which held of the fame manors by rentSy
ferviceSy or cuJloniSy to atturn to them\ (3) nor could by the order
of the law attain to the faid rents yfervices, or cujloms (if they were
denied) by dijirefs or affion, without they could once attain to the
poffejjion of the fame rents, fervices, and cu/loms, by paying or ehing
thejaid rents, fervices, or cuftoms, by the fame freeholders, femmrs,
Recoverers and tenants ; (4) which to do, divers and many bfthem have 9fteH^
havenoreme- times refufed, and yet do, to the great offence and charge of their
dy by the confcience, not only to the dijhtritance of the faid recoverers, but alfo
to'recovcr '" hreaiing of the lajl wills of them againft whomfuch recovery is bad,
their rents or ^^d alfr to the dijheritanci of the faid hufband and wife, or otber^ t»
prefentations. whofe ufe the fame recovery was fo had. (5) Alfo if there were any
vt^^^M f odvowfon appendant to arty of the faid manors, ihefanu advowfon had
VaS^aa \l8^ •Z^'*'^ ^^'^» ^^d a Jlrang^r had prefented, the faid recoverers ^ nor
** ' " they to whofe ufe the fame recoveries were had, had no remedy for the
fame difturbance, and fometime thereby they have been difinherited,
Therecoverer II. Be it therefore enadled by this prefent padiament, and by
may diftrain aHtliority of the fiime, That the recoverers in all filch recoveries^
and^rvicT^* f ^^^^^ ^^^^^ *"^ affigns, may from henceforth diftrain for the
the tenant ^ forefeid rents, fervices, and cuftoms, fo being due and unpaid,
termor, ^^. sind make avowry, or juftifythefame, as thofe perfons, againft
and (ball bavea whoctr the faid recovery is, ihould have done if the faid recove-
i^Kflw iw^edit. ^ y^^^ ^^^ y^^^ j^^j . ^^^ ^nd alfo hav€ like remedy for the re-
covering of the faid rents, fervices, and cuftoms oy avowry;.
(3) and alfo a ^uare impedit for the faid advowfon, if any dif-
turbance be made : as thofe perfons, againft whom the faid re-
coveries were had^ might or ftiould luve hJid by the courfe of
the common law afore the faid recovery, if any fuch rents, fer-
vices, or cuftoms had been denied them, or any fuch difturb-
ance had been had in their times.
The avowant III. And alfo that every avowant, and every other^perfon or
ih ^(^/^^^^ perfons that make avowry, .COnifance* or knowledge, or juftify,
his d*a*magc» *^ ^^^'V ^° ^'^Y <5thef perfon or perfons in any Repkgiari, or fe-
and cofts of cond deliverance for any rent, cuftom, or fervice, if their avow-
^"*V fy* co'^if^^^c, or juftification be found for them, or the plaintiiFs
a Cio. 5Z0. ip x!tit faid actions otherwife barred, ftiall recover their damages
and
1 5^2-^3.] Anno xiv. & xr. Henrici VIII. 145
and cofts that they have fuftained, as the plaintifF (hould have t9H. s.c.ir.
done, if they had recovered in the faid replevins. Bro. damages*
' ' * . 8. s Roil, 140*
CAP. V. 41H.8.C.19.
Certain labourers working in London may take Tuchwages asRep. 5£l.c.4.
they did take before the ftatute of 6 tf. 8. ^.3.
CAP. VI.
A repeal of the ftatute made Jnno 6 U.S. c.i. and of all other Rep- S4H. U
ibitutes made for apparel before it. What kind of apparel ^-'3- &» ]*«•«•
temporal men of all degrees and eftates are allowed, and what ^*^*
prohibited, to w^iar, and Upon what penalties, and who .(hall
have the forfeiture, and by what means they (hall be re*
covered.
Statutesmade at Weftminjier^jinno 14 and 15 Hen.
VIII. and uinno Dom. 1 522-3.
THE King our fovertign lordHtarytbe Eighth afitr the conqutjii
by the Grace of God King of England, and of France, and
lord of Ireland, at his parlianunt holden at London tbefifietntb
day of April, in the fourteenth year of his moft noble reign^ and
from thence a^ourned to Weftminfter the ktfl dayof July^ the fif-
teenth year of his faid reign j and there holden^ to the honour of God
and holy churchy and for the weal and profit of this his reabuy by the
affent of the lords fpiritnal and temporal^ and the commons^ in this
prefent parliament ajhnbled^ and by authority of the fame^ bath done
to be ordained^ made and enaSed^ tertainflatutes and ordinances^ in
manner and form following.
CAP. I. "
No perfon (hall fell to a merchant ftranger any broad white
woolen cloth made in England^ unlefs he cannot fell it to
fonie Englifi merchant within eight days after he brought it to
BlaciweU'haUy except the £ile be in fairs, ports, or creek9«
To endure to the kft day of the next parliament*
CAP. IL
What apprentices ftrange artificers fballtake^ &e.
BE it enaded by the King our fovereign lord, and the lords Noftranger
fpiritual and temporal, and the commons, in this prefent Aiall take an
parliament aflembled, and by authority of the fame. That no ^PP^^^c^.
manner of ftranger, born, out of the King's obeifance, be he ^^ ^^t^^
denizen or not denizen, ufing any manner of handicraft within der the King's
this realm, ihall take from hencefonh any apprentice, except obeifance.
the lame apprentice be born under the King's obeifance, (a) up- Made perpe-
on pain to forfeit for every apprentice that he (hall take contrary ^"*' ^ aiH.s,
to this adt, x. li. the one half thereof to be to our fovereign lord eip^ja-^Jd by
the King, the other half to him or them that ihall fue for it, si h.8.c«i3.
be it by action of debt, bill, plaint, information, or otherwife;
) in which fuit the defendant (hall not be admitted to wage
; law, ne any eflbin, licence, or prote^on to be allowed.
V0L.IV. L II. Bf
E'.
I4«
Np alien fhall
keep above
two journey-
inen> except
thev be born
under the
King's obei-
fance.
5 £i. Cf.
All ftrangers
dwelling with-
in two miles
of London,
'fliall be under
the reformati-
on of the war-
dens of handi-
crafts within
the city.
The wardens^
Gf<.(hallaifign
a proper mark
ibr ftrangers
wares.
Reformation
of ftrangers
wares and
workmanAip.
Smiths, Join-
ers, cooperst
which beftran-
gersmuft
mark their
wAres.
Anno xiv. & xv^. Henrici VTII; [i 5aa«3.
II. Be it alfo enabled bv the authority afbrefaUl^ and under
like pain to be forfeited and recovered as i$ afbreGud, That no
ftranger, being alien bom, and ufing any manner of handicraft
within this realm, from the Feaft of All Saints next cnfuing,
(hall in any manner of wife, ufe, take, retain, or keep in his or
their fervices, any manner of journeyman or oovenant-fervant,
above the number of two at one time, except the fame journey-
man or covenant fervant be bom under the King's obeifance.
III. And over this, be it enafted bv authority aforeGud, That
all manner of perfons, being aliens Dom, ufmg any manner of
handicraft, be they denizens or not denizens, and inhabiting
within the city of London^ or fuburbs of the fiime, within the
town of Wifimnfltr^ the pari(h of St. Martinis in tbejUlds^ the
pari(h of Our Lady cf theftrand^ St. Clenunt of Danes widiout
Tempk'bar^ St. Giles in the fields^ St. Andrew^s in HoWoum^ the
town and borough oiSouthwarky Shoreditchy ffTfite^Owpel pmih^
St. J^hn-fireeU the pariih of Clerkenwellj St. Boulpks parifh
without Aldgate^ St. Katharine' s^ Bermonfey-flreety or within two
miles compafs of the faid city o( London or the parifhes aforeiaid,
fhall be under the fearch and reformation or the wardens and
fellowfhips of handicrafts wi^in the faid city of Londm^ with
one fubffamtial flranger, being an houfholder of the fiune craft,
by the fame wardens to be chofen, that is to fay, every fuch
ftranger occupying any myftery or handicraft, as is aforaaid,
fhall be under the fearch and reformation of die wardens, and
one fubfbntial ftranger, being an houfholder, of that craft that
they fhall fb occupy.
IV. And that the wardens of the faid city of every fuch handi-
craft, with one ftranger or houfholder (as is aforefiid) of the
fame craft, have full power and authority, by this prefent aft, to
limit and appoint to every ftranger of^the mvft«^ and handi-
craft that they be of, inhabiting within the faid city, fuburbs,
|daces, or prednd above remembered, a proper mane, without
taking any thing therefore, by the which their wares, veffcls,
and workqnanfhips that they make may be known.
V. And that the wardens' of every fuch handicraft and myf-
tery aforefaid, calling to them one ftranger of the myflery and
occupation that they be of, being an houfholder, fhall have full
power and authority to fearch, view, and reform, as well with-
m the faid city of London^ as in all other places and limits befort
faid, all manner of wares of workmanfhips made by any man-
ner of Aichhandicraftmen, being aliens born, as is aforefaid.
VI. And that no ftranger bom out of the King's obeifance,
ufing any of the myfterics or occupations of finiths, joiners, or
coopers, (hall make any manner of wares or veflHs concerning
the fame myfieries or occupations, except that they and every
of them put fuch marks to every of the fame wares and vcflds,
before they fhall be put to falc or ufc, as the wardens gS their
occupations, crafts, or myfteries fhall limit and appoint, without
taking any thing therctbre, (2) upon pain of forfeiture of the
double value of the fame wares and vefibls ; the one half of
which
i52a-3-] Annoxir. & xv. Henrici VIII. 147
which forfeiture to be to the King; ourfovereign lord,, the other
half to the party that firft will fue for the fame by adtion of debt,
bill, plaint, or information, in which the defendant (hall not
wage his law, nor any eflbin (hall be caft, or proteSion allowed.
VII. And further, it Is enadted by the authority aforefaid. The forfeiture
That if upon any fuch fearch or view to be made by the wardens of wares de-.
and one ftranger of any craft or myftery beforefaic^ after the ceitfully made
form of this eftatute, in veflels or wares to be found in the pof- ^ ^ '*"*
feifion of the workers or owners thereof, putting the lame vef-
fcls orwares to workmanlhip of any ftranger falfly and deceitful-
ly made, to the hurt of the King's liege people, and fo adjudg-
ed by the faid wardens and one ftranger, that then fuch work-
er or owner, in whofe pofleffion the fame falfe and deceitful
wares (hall be found,ftiaIl forfeit the fame wares; (2) theone half
thereof to the King pur fovereign lord, and the other half
thereof to the firft finder thereof fuing for the fame in any of the
King's courts by action of detinue, in which adtion the defen-
dant nor defendants (hall not be admitted to wage their law, nor
protection ne e({bin be to them herein allowable.
VIII. Be it alfo enafted by the authority afore(aid. That all WtrdcDS,bai-
wardens aftd matters of fellow(hips of all and every fuch handi- lJff9»^^» ^
crafts within any fuch cfty, borough, or town corporate within ^^^ay^^*^
this realm, where any fuch wardens happen to be, and in fuch fearch and re«
boroughs and towns corporate where no wardens of handicrafts fiBrinftraiifenii
are, the bailiffs, or the governor or governors of the fame bo-
roughs or towns fo lacking wardens, (hall have like power and
authority with the bailifT or bailiffs of the liberties with them,
where any fuch liberty (hall be, being content fo to do, to view,
fearch, and reform (mingers bom out of the King's obeifahce^
inhabiting and u(ing within any fuch city, borough, or town
corporate, any manner of hanaicraft, in as laree and ample
manner, as toe faid wardens and fellowfhips of the faid city of
London may do, by virtue of this prefent aA; (2) and that sdl
ftnuig^ u(ing any of the faid handicrafts in any of the £iid ci-
ties, boroughs, or towns corporate, be bounden to do and obey
in everything, according to the tenor of this prefent a£t, upon
like pains and forfeitures as is above remembered, to be had and
recovered in form above rehearfed.
IX. Provided alway. That if the wardens of any fellow(hip Remedy for
or myftery beforcfaid, bailiffs, governor or governors beforefaid, ^™P"JJ^
wron^lly wDl intreat any ibinger in executing of this a<ft, or ^^^"0$^, kcT
any ming therein contained, that then the ftranger fo grieved
may, by authority of this ad, by bill or information, complain
to the lord chancellor and treaftirer of England^ or the juftices of
a(&fe in the county for the time being, which, by their exami-
nations, (hall have full power and authority to hear and deter-
mine the fame complaint, and to award to the party complain-
ant fuch amends, as by their difcretion (hall be thought rea^
fonable.
X. Provided alfo. That it (hall be lawful for.and to every
the faid ftrangers bom out of the Ki<>g's obeifance, being a
L 2 houf-
X48 Anno xiv. & xy. Henrici VIII. [i 522-3.
houfholder, to have and retain as well all and every fuch ftran-
gcrs bom out of the King's obeifance, being the time of this
parliament with him retained as a journeyman, as to have and
' retain every fuch ftranger being born out ot the King's obeifance,
being apprentice with him the time of this parliament, this a^
notwithftanding. (2) This to endure to the laft day of the
next parliament.
S& XL Provided alfo. That this aft extend not to the in-
Oxftn-dfcum-^ habitants, Grangers that now be, or hereafter (hall be, in the
bndgty St. univerfities of Oxford or Cambridgij or within the (andtuary of
MartiH^j, St. Martin's U Grandy within thefaid city of London.
The wardens XII. Provided always. That if the laid wardens of the faid
"^arktfe^^ city of 2>«^«, with a ftranger, or governor or governors of any
JUJJ^^ * city or borough corporate within this realm, refufe to mark the
wares of any ftranger, after that they be required fo to mark;
that then it (hall be lawful to the fame ftranger or ftrangers, to
whom fuch refiifal (hall be fo made, to fell and put to falehis
faid wares fo required to be marked, and refufed, this z& not-
withftanding,
Tf^f t*^^ XIII. Provided alfo, That this a(ft extend not to any othw
doth not «t- handicrafts, than to the crafts of joyners, pouchmakers, coop-
tend. crs, and blackfmiths, for or concerning the fore(aid articles of
markingof wai-esof the faid (farangers.
Who may re. xiV. Alfo that it fliall be lawful to any lorf of the parlia-
a^R8!'c.i6. ™cnt, and every Other of the King's fubjedts, having lands and
%% H. 8. C.I 3*. tenements to ttie yearly value of one hundred pounds, to take
3a H. s. cx6. and retain ftrangers, joyners, and glafiers, in their fervice,
from time to time, to and for the exercifmg with them their
crafts, this adl notwithftanding.
CAP. m.
touching worfted'Weavers of Yarmouth and Lynn.
Confirmed TJECAUSE // is difcrettly conjidered in this prefent parlioTttent^
t6Hen.8.c.i6. Jj ff^at the true making and drawing of worfteds^fayes^ andjlamins^
is one of the moji profitable occupations of this realnty and that the fame
toorfteaSyfayfiSy andftamins^ truly and fubftantialfy made and wrought ^
been right acceptable^ and commodious merchandifesy as well in this
realm j^ England, as in other foreign regions ana countries \ {%)for
ejiahlijbment and good order whereof divers good and laudablejlatutesy
a5lSy andordinances heretofore have been made and enaSIed-, andname-
fyy in a parliament holden at Weftminfter the third day of Juncy
in thefeventhyearofthe reign ofthelate King of famous memoryy Ed-
2 Ed. 4. c.i. v^ard the Fourth', {A)fithen which parliament the making of the faid
worJiedsyfayeSy anaJfaminSy hath much increafed and been multiplied
in the city ^Norwich, and in divers towns andplaces in the county of
Norfolk; (4) and becaufe the towns of GrtsX Yarmouth, tf«iLynn,
in the faid countyy been towns corporatedy and the inhabitants of the
fame towns now daily pradife and ufe the making and draping of the
faid cloths of worjiedsy fayeSy and JlaminSy more bufily and
diligently than they have done in times pafty to whom it is pain-
ful and cofthf to tranfport and convey their faid cloths to the
faid
1 5^1-^.1 Anno xiv. & xv. Hbnrici VIII. 149
Jind city ^Norwich, or to places within the faid county ^Nor-
folk which ban far diftant from either of the (aid towns, to be
Jearcbed and feokd by the wardens of the womed-weovers of the
Jatneaty of ^orm^^or county^according to the faid aR of parliament
Ttuidi the faid feventh year of King Edward the Fourth: (5) It
is therefore oniained, eftabliflied, and enadled by the King our
lovereign lord, and by the lords fpiritual and temporal, and the
commons, in this prefent parliament aflembled, and by authoT
rity of the fame. That the craftfmen called worftcd- weavers in- Elcaion of a
habited in the iaid town of Great Tarmouthy ihall have power warden of
and authority by this prcfcnt a<ft, from henceforth to .eleft, and ^orfted-
and choofe yearly for ever, in the Monday next after the Feaft of 2J*J|5^^)2wrfi
Pentecojiy one honeft man of the fame myllery and occupation, in jV«f/otf.
being an houfholder within the faid town of Great Tarmouthy
and having of his proper ^oods and chattels to the value of
ten pounds at the leaft, or lands and tenements to his own ufa
of eftate of freehold, at leaft to the clear yearly value of xx.s. to
be warden of the fame craft and myftery for the year next
^i^^g) (6) which man fo eleded ana chofen, (hall perfonally
appear before the mayor of the faid city oi Norwich for the time
bein^, the Monday next after the Feaft of Corpus Chrijii then next
enfuing, then and there to be fwom and charged by like oath,
concerning the true and fubftantial making of the faid cloths
<within the faid town of Great Tarmouthy as the four wardens of
the iaid city of Ncrwichy by virtue of the faid aft of parliament
made in the faid feventh year of King Edward the Fourth, been
charged and fworn for the fame city of Norwich i (7) and if the Th^ warden
faid mayor happen to be abfent the faid Monday after Corpus ofTarmoutb's
Cbrijiiy or elfe then refufeth to receive or take the faid oaths oath.
then the faid warden fo eleft, within four days next after the
fame Mondayy fhall come before the bailiffs of the faid town qf
Great Yarmouth for the time being, or before onp of them, th^
other being abfent, and then and there receive a corporal oath
for thetrueexercifingofthe fame office of wardcnftiip, after the
tenor of the oath accuftomably ufed to be given to the faid war^
dens of the Cud city of Norwich,
II. And that the faid warden of tl^e faid tpwn qf G^fot Xofr The warden of
mouth for the time being, fo eledled and fwqrn, majr ordain and '^^jrmoutb's au-
appoint a feal with this letter Y. to be crjgraved in the fame ^®"^-
feal, and mav have full power and authority to view, fearch,
feife, and feal in lead with the fame fale fo tobeaopointed and
engraven, and none other, all worfteds, fayes, and ftamins with-
in the faid town of Tarmouthy and fubyrbs of the fame, made, gr
to be made, and not elffiwhefe^ in as larg^ and ample manner
as the faid wardens of the faid city of Nonvifhy and wardens of
the £iid county of Norfolk^ or any of them> hath or have within
the faid city or county, or in any.vvifemay do in that behalf, by
authority or virtue or the before remembered adt, made in the
faid feventh year erf King Edward the Fourth, any thing in the
fame adt contained to the contrary notwithftanding.
m. And that no perfon inhabiting within the (aid town of Every pijrfi^i
L 3 Great
bit fevend
mark.
Eledionofa
war4eo of
worfted-
weavers in
Lynn in Nor*
folk.
150 Anno Xiv, & xv. HenriO VIIL t5ii2-3.'\
fliall mark hit Great Tarmmh^ OX fuburbs thereof, wcai^c any worfteds, dyes,
f **cs^*c with ^^ ft^n^ins within the fame town, except he be an EngUfiman
ayes, c.w Yiorn^ and have been apprentice to the fold occupation, and
without he weave therein fuch proper mark as (hall be limited
and appointed by thr faid warden of the faid town for the time
being, eled, and fwom as is aforefaid, upon pain of forfeiture
thereof to the King our fovereign lord ; (a) and that every
warden of the faid town (hall limit diftind and feveral marks to
every of the faid worfted- weavers of thefiune town of Great Ycr^
mouthy and the fame marks by die faid warden to be regiftered
in a book.
IV. And alfo be it enacted by the authority aforeiaid> That
if, and whenfoever hereafter the faid town of Ljrm fliall be in*
habited with ten fundry houfholders, or more number of houf*
holders exercifing and ufing the faid craft or myftcry of worftcd-
weavers, then, and ^rom thenceforth, that is to fay, as long as
the fame town of Lynn thai] be inhabited with the number of
ten fuch houftiolders at the leaft, it (hall be lawful to the fame
inhabitants of the faid town of Lynn yearly, on the Meniaf
next after the Feaft of Pentecoji^ to ele<ft and choofeof themfelves
one warden of the (aid craft and myftcry of worftcd-weavers, to
be of the value in lands and eoods as is aforeiaid of the warden
of Yarmouth\ (2) which warden, foeie^f^, ihall yearly be fwom
and charged at the faid city of Norwich^ in like manner^ and at
like day, as is before limited to the wardens of Yarmmth j or in
default of the faid mzyor of Nonvich^ then the faid warden fo to
be ele<a for the faid town of Lynn^ to take a corporal oath be-
fore the mayor of the faid town of Lynn^ within fuch time, and
after fuch form, as is before limited unto the warden of 2ir-
mmih\ (3) and that the faid warden of the faid town of Lynn
*^^d^^^^^^* for the time being, fo eleAand fwom, by himfelf may ordain
an au on y. ^^^ appoint a feal with this letter L. to be graven in me fome
feal, and may have fUU power and authority to view, fearch,
Teife, and feal in lead with the fame feal fo to be engraven, and
with none other, all worfteds, fayes, and ftamins within the
(aid town of Lynn^ and fuburt>s of the fame, made or to be
made, and not eKewhere, in as lar^ and ample manner as the
(aid warden of the faid city of Noruncby and wardens of the (aid
county of Norfolk^ or any of them hath or have within the (aid
city or county, or otherwife may do by authority or virtue of the
before remembered aft made in the faid feventh year of Kiii^
Edward the Fourth; any thing contained in the fame ad to the
contrary notwithftanding.
Every wor- V. And that no perfon inhabited within the faid town of
ftetl-makcr U) Ly^fi^ or fuburbs thereof, make any worfteds, fayes, or fta-
manborif,and "^^'"s within the fame town, except he be an Enghjbman bora,
to have his ^nd have been apprenlice to the fame occupadoxi, and without
own mark. he weave therein fuch pmper mark as (hall be limited and ap-
pointed by the faid warden of the fapie town of Lynn for tlic
time being, upon pain and forfeiture thereof to the King our
fovereign lordj (a) and that every warden of the (aid town (hall
limit
The warden
of Lynns feal
1 522* J.] Anno xiv. & xv. Heniuci VIII. 151
limit diftinft and feveral macks to every of the laid worfted-
weavers of the fame to^m, and the fiune marks by the faid
warden to be raftered in a book.
VI. And be it further enadted by the authority aforefaid, A warden of
That from the Feaft of St. Mcbailihe Archai^ next coming, S°!;?'\?f^^''„
onto fuch time as the faid town of Ifm fliaU be inhabited with fjlw to £nn
the faid number of ten houiholders ci the faid craft of worded- when there is
weavers, and always after, when that number often houihold- no warden
crs ihall happen to fail, and not be inhabited in the faid town of ^^^^^'
f^jnny the faid wardens of the iaid city of Norwich^ and their
fucceflbrs, (hall procure and caufe one of themfelves, or one of
t}ie wardens of the faid craft of the faid county of Norfolk^ per-
fonally to come and be every twenty eighth day from and after
the (aid Feaft of St, Michael the Archangel, in and to the faid
town of hpm^ or widun fix days next after every fuch twenty
eighth day, and thsre to continue and abide by fo lone titne as
he maylearch and feal all fuch worfteds^ fayes, andftamins
made in the fame town of Lytm^ as then (hall be brought to him
to be fealed within the fpace of one whole day; (2) and the faid The warden's
inhabitants of worfted*wsavers, of the (ame town of J^jnn be- allowance by
in«, Audi content and pay to the faid warden oiNorwuboxmr-^^^l^^l^
folk J which (hall fo come to Lynn^ in the faid twenty eighth day, commg to
or within fix days next after the faid twenty eishth day, for his Lynn,
cofts and expences, for every time that he mall fo come to
Lym^ between the Feaft of St. Mchoil the Archang^, and the
Anrnuuiotun of our Lady St. Mary^ iii.s. and for every time that
he (hall fo come to the (aid town of £ymr, between the Feaft
of the JfumneiatiMofout Lady, and the Feaft of St. Michasltht
Archangel, ii. s. (3} and if the faid inhabitants of worfted-wea*
vers of the (aid town of Lym do not content and pay to the faid
warden comine to Lynn inform aforefaid, for his (aid cofts and
charges the iaid iti. s. or iL s. as is above limited, then the fame
inhabitants (hall forfeit and pay to the faid warden, or to hit ex-
ecutorsy for every fuch derauit of payment, xl. s. (4) and if
none of the £iid iiirardens of Norwich^ and Nar/oU^ come to the
(aid town of Lynn^ for the caufe aforefaid, in manner and form
above rememberad, then the faid wardens of the faid city g(
Norwich (hall forfeit and pay to the faid inhabitants of Lynn^ of
the (^d myftery of worfted-weavcrs, for every fuch default xl.s.
f 5) for recompence of which penalties and forteits, the faid war- Bywhatnwnc*
dens o( Norwich or Nor/eli^hcing thereunto intituled by this pre^' the partici
fcnt ad, by his proper name, with this addition, that is to fay, grieved Ihall
Unus Garilianorumy or nuper tinus Gardiaaortm artis /we ngi/lerii^
Uxtorumpanni lanei vocati worjledes incmtate Norwici vel comitate ®"*'
NerfoHy as the troth requireth, (hall and may have adtion of
debt by writ, bill, or plaint, in any competent or lawful court
of this realm, againft the faid inhabitants of Lynn^ of the faid
myftery, for the time being, by their fundry proper names;
{b) and the faid inhabitants, by their faid names, with this ad-
dition, Textores panni lanei voc^wtn-Jiides^ inhabitantes villa de
Lynny (haU and may have like actions of debt againft the faid
L 4 wardens
\^rdens or
inhabitants
l>ut in execii*
tion.
151 Anno xiv. & XV. Henrici VIII. ' [152^-5 •
"wardens of Norwich j by Ae name of GarSani artis five mgfteri*
textorum parmorum lamorum voe. worftedes infra civitatem Nonmc^
vd com. NorfoU to be ufed in good congruities of Latin^ and form
Thcparticular of the laws of this realm; (7; in which a^ons, or any of them^
bodies or none eflbin, prote6tion, or wager of the law (hall be (iifitred
goodsof the q^ allowed. (8) And that the ^Kffticular bodies, or goods of
any of the faid wardens or inhabitants being condemned in any
of the faid adions, (hall and may be put in execution, after fiic^
manner and form as is ufed in actions of debt by courfeof the
common law of this realm.
Cloths to be VII. And moreover, be it cnaAed bvtfae authority aforeiaid^
n»^«* *2f** '^^^^ all cloths of worfteds, fayes, and ftamins, made or to be
LymTand ^^^^^ within any of the faid towns of Lyhn^ and Great Tarmmtb^
Yarmouth, or fuburbs of the fame, or any of them, and marked with fuch
marks as (hall be limited to the makers by the faid wardens of
the faid town, in manner and formabovefaid, and weaved,and
fealed b^ any of the wardens of the (aid town fALyrmy and Tot"
nMitby m form above remembered, by force and virtue of this
prefent adt, may be lawfully put to fale by the owners and mak-
ers of the fame, without anv other marking or fealtng upon the
faid cloths, or upon any of tnem to be had or made by any other
wardens, dwelling or abiding without the faid tovms, and with-
out any arreft, feifure,or forfeiture to be had or made of or up-
on any of the faid cloths, for lack of any other feals or maii^s;
any thing contained in the faid former a£t made in the faid fe-
yenth yeir of King Edward the Fourth to the contrary notwith*-
ftanding.
VIII. And over this, be it enafled by the authority aforefaid.
That every craftfman of the (aid myftery and occupation of
worfted-making, dwelling within any of the faid towns of Lynn
and Great Tarmoutb^ anid fuburbs of the fame, at their own frce-
willsand liberties from henceforth for ever,may have and take ap-
prentice or apprentices (being male) of the age of fourteen years
and upward, and being the King's natural fubjefts, for the term
of feven years, and not under, u> that none of them exceed the
number of two at once, to learn, ufe, and exercife the faid craft
within either of the &id towns of Lynn and Great JTarmmtb, or
fuburbs of the fame albeit the hthcr of the fame apprentices or
apprentice may not expend inlands and tenements to the yearly
value of XX. s. any adt or ordinance' to the contrary made or to
be made notwithftanding.
IX. Provided alway. That this prefent aft, nor any thing
therein contained, be not in any wife hurtful or prquaicial to
the mayor of Norwich^ or to his fucc€(rors, or to the wardens of
the faid city and county, or to their fucccflbrs, in any point, ar-
ticle, power, or authority, other than for weayin|, fearching, and
(baling of worfteds, fayes, and ftamins, made or to be made only
within the faid towns of Lynn and Yarmouihj or fuburbs of the
fame, or to any of them ; and for limiting of marks to the makers
of worfted, (ayes, and ftamins, only inhabited in either of the
faid towns or fuburbs thereof, and taking of apprentices in form
abovQ
What ap
ticesworiled
weavers in
JLynn and
Great Yar-
mouth may
take.
%6 H. 8. C.16
S El. C.4.
This ftatute
flioil not be
prejudicial to
the mayor of
Norwico, or
the wardens
there.
152^-3-] Anno xiv. & xv, Henrici VIII. 153
above remembered; (1) but that the faid mayor of the faid city
rf Nartvichj and waraens of the faid dty and county, and every
of them, may have and ufe all other points, articles, powers, and
jLuthorities contained and fpecified in the above remembered adt,
nyide in the faid fcventh year of King Edward the Fourth, as well e^, - ^ 1
for the iearch, fealing, correAion, and reformation of the laid ^
wardens newly to be clcdt bv virtue of this prefent a6^, and
every of them, according and after fticb form as they may do
or ufe, any of the faid wardens of the (aid city or county by force
of the faid a6t made in the faid feventh year of King Edward
the Fourth, as all and eveiy other inquiries, correftions, fearch-
es, feifings, and reformatitms to be had, for the true making
of worfteds, fayes, and ftamins, in and upon any perfon or per-
fonsy as well within the faid towns of Lynn and Yarmouth^ as
without, without trouble, let, or vexation of any of the inha-
bitants of the faid towns, in as large and ample wife as they
might have done before the making of this prefent adl; any
thine contained in the fame prefent aS to the contrary notwith-
ilanaiqg.
X. And alfo provided, and be it enaSed by the authority afore- None in Lynn
faid. That the faid craftfmen of worfted-wcavers inhabited, or ^jj^^^"^.
hereafter to be inhabited, within either of the faid towns of iander,ordyeI
Lynn and Yarmmth^ orfuburbs of the fame, and the merchants, botin Nor-
or any other perfon or perfons which (hall happen to buy of the wich,
fame craftfmen, or of any of them, or of any other perfon, any
of the faid cloths ofworueds, ftamins, or fayes, made or to be'
made within either of the faid towns o( Lynn and Yarmouth^ and
lealed by the faid wardens of the fame towns to be ele6t and
fwom as is aforefaid, and any of them, (hall not (hear, dye, or
put in CQlour, or calander any worfteds, ftamins, or fayes, made
or to be made within either of the faid towns of Lynn and 2^r-
mcuth^ or fuburbs of the fame, in anv other place qr places, but.
only within the faid city of Ncrwichj or fuburbs of the fame,
upon pain of forfeiture of every piece of worfteds, fayes, or
ftamins, to be made within any of the faid towns dlLynn^ and
Yarmouth^ or fyburbsof the fame, or the value thereof, (horn,
dyed, coloured, or calandred by any of the faid craftfmen, buy-
ers, or merchants, in any othe^r place or places than In the faid
city ofNorwichy or fuburbs of the fame 5 the one half thereof to
be to the King /our fovereign lord, and the other half thereof to
fuch perfon or perfons as mall feife the fame, (2) fo that thefai4
IfV'orfteds brought to the f^d city oi Norwich to be (horn, dyed, -
coloured, and calandred, without covin or craft of any of the
faid inhabitants and merchants, may be (horn, dyed, coloured,
and calandred at and by as cgnvenient price or prices, and in as
ready wife, as the faid inhabitants of cither of the faid towns
of Lynn and Yarmouth^ %nA merchants buyers of the faid worfteds,
or other of the faid pity and coun(y hadi had in times paft, or
hereafter (hall have/
XL And alfo that the fame inhabitants and merchants, and No wprfted?
every of th^jrj, fo bringing their faid worfteds to the fame city ftiaUbccarried
154 Anno xiv, & xv. Henrici VIII, [ 1522-3.
fea before for to be ihorn, dyed, coloured, and calandred, be reafonably
th^ be flioni^ j^j lawfully intreated, according to the faid afi made in the
£ud fevehth year of King £dwaratbit Fourth, aiid the ordinan*
ces made and afiirmed, or hereafter to be made and affirmed,
f6r the faid myftery, without let or difturbance, contrary to the
fiune aA or ordinances in that behalf. *
By 6 Aon». XIL And be it enaAed by the authority aforefaid. That no
c-?: ^y, . perfon or perions any time after convey or tranfport into any
doth iBdr^f of the parts beyond the fea, any manner of cloths of worfteds,
cxpoitS; before the fame cloths be (horn, dyed, coloured, and calandred,
SI H. t. est. upon pain of forfeiting; the value thereof i the one half to the
Midepwpc- King our fevereign lord, and the other half thereof to the party
^bys«H.8. ^^^ ^^ f^ therefore bv aftion or plaint of debt in any of the
King's courts; (2) in which a6Uon or fuit no proteftion or ef-
foin (hall be allowed, nor the olFender admitted tp wage his law.
(3} '^^^ ^^ ^o endure to the next parliament.
CAP. IV.
ff^iai customs and impofitions EngH(hinra fwarn to foreign
princes fiaU pay.
PR AYEN the etmmons in this pnfent parliament^ That where
many and divers perfons^ being the Ksng^sfubje^s naturally born
toithin this his realm^ have withdraufn themfehes out of the fame
realm^ and tranfported themfehes^ with their wiveSj children^ and
goodsj int$ Holland, Zealand, Brabant, Flanders, and intd other
eountriis cf foreign frinces^ and there befwern to the obeifance of the
. primes and lords of the countries where they be now inhabited^ making j
there great buildings^ and be tontributaries to all manner of charges^
as thejtdfjeSfs of thofe countries be-, and thus they maintain^ as much
as in tbeM iSy the aties^ boroughs^ and towns ofthofe countries^ and
many more of the King's fubjeSls intend to do the fame, if remedy
therein be not provided: (2) which fubjeifs born in England, w/-
witbjlanding thai they thus eJtraHge themfelves from the King's obei-
JaHce^ let they occupy here in all the ports, havens, and creeks, cities,
boroughs, and totvns ^England, as freely, and as free in cujiom and
fiibftdy, as the Kingsfubje^s do occupy, ard not only for themfelves,
butalfo cohurably for pthtr grangers, theirjriends ana partners, and
alfo mate themfehes quit and exempt from all charges within this
realm, in prejudice and decay of the cities, towns, and boroughs of
England i (3) and as for beyond the fea, th^ will obey to none au-
thority granted to the Englifh nation h the King's Highnefs and his
noble progenitors undet the great feal ^/Ehgland, and by authority of
parliament, but they give themfehes over tothe'prole^ion and defence
ofthofe outward princes, to whom they befwomfubjeas j and by thefe
manner ofperfons rfnichcoin is conveyed out of the land :
An EngUfli. H, Wherefore be it ordained and enaded by the King our
(Swcato'a *^v«''«*g" lord,, and the lords fpiritual and temporal, and the
foreignprince, Emmons, in this prcfcnt parliament aflcmbled, and by the au-
fhall pay fuch thority of the fame. That all and every fuch fu1]ged5 bom in
impofitions as England, andfwom tobe fubjefls to foreign princes and lords of
aiiens 4o» outward parts, from henceforth (as long as they (hall fo abide,
and
c
1522-3.] Anno xW. & IcV. HlNRICI VIII. 155
and f>e as fubjec^b to fbrdgn princes and lords) that from
henceforth fo long they and every of them (hall pay fuch cuf-.
tozns, fubfidies, tolb, and other unpofitions within this realm
of England^ as other ftransers of thofe parts where the faid Eng^-
hjbrmn make their inhabitations, pay or ufe to pay within this
faid realm: (2} and that the knowledge of all and every fuch
peribn or perfons inhabitants, and fwom in manner and form
as is before rehearfed within the archduke's countries, that is to
fay, Holland^ Zealand^ Brabant^ and Flanders only, (hall be had
by certificate thereof made by the governor or the merchant
adventurers and the afllftants there for the time being ; (3} and
alfo for all other realms and countries of foreign princes, to be
certified by the King's moft noble embafladors, being at fuch
time there, as they (hall happen to be in the faid countries upon
the Kine's afiairs, (ball likewife certi^,' as is aforefaid, under
their feaJ, into the chancery of our (overeign lord the Kings
(4) and thereupon out of the faid chancery writs to be maoe,
and direAed unto the cuftomers, comptrollers, or other officers
of the King's cuflom in every port, haven, or creek within this
faid realm, to perceive, levy, and take all manner of fuch cuf-
toms, fubfidies, tolls, and other impofitions, as is before (pe^
cified, of all fuch goods and merchandifes as (hall belong unto
any fuch perfon or perfons inhabited and fworn in manner and
form above written, as well inward as outward.
III. Provided alway. That if hereafter it (hall happen any An EnglKh-
fuch perfon or perfons to return into the realm, and here totarr man'retum*
ry and inhabit, that then he or they (hall be refbred to all fuch ing.anddwell-
libcrties and freedoms in paying of cuftoms or fubfidies, and thf rSdm ftall
other charges, as all other Engli/bmen do ufe to pay, and to have pay fuch im-
a writ out of the chancery for the fame, this adt, or aiiy thing poiitioiuas
therein made, to the contrary notwithftanding. . ^^^^ Englifli*
CAP. V. Syi '**''*
The privileges and authority of fhjficians in Lond6n.
IN the moft humble %mfe fiew unto your Highnefs^ yourirueandThtphyGdzm
faithful fubjeffs anibegemen^ John Chjlmbre, Thomas Lin^ ^°"**b^
acre, rerdinandus de viiftoria, yeur phyficians^ and Nicholas ^^^^^^
Halfewel, John Frances, and Robert Yaxley, andall other menrf^ bS^&t 1S5.
the fame faculty within the city of London, andfeven miles about^ » Salk. 451.
that where your Highnefs (by your moft gracious letters patents^ bear- This «^
ing date at WtftminlW the xxiii. d^ of September, in the tenth ^ Ma^ftff. 1.
year of your moft noble reign) for the common weaJthof this your reahh c.9.
in due exerciftng and praffijing of the faculty ofphgftcJty and the good \
mimjiration of medicines to be had^ hath incorporate and made ofus^
and of our company aforefaid^ one body and perpetual commonalty or
felbwfinp of thefacmy ofphyficky and to have perpetual ftucejion and
common feaU and to choofe yearly a prefiient of the fame fellewjhip and
commonalty y tooverfeoy nde^ and govern the faid fellovfflfip and com^
mondty^ and all men of the fend fatuity ^ with divers other liber^
ties and privileges^ by your fBghnefs to us granted for 'the iommon
walth of this your realm^ as in your faid moji gracious letters patents
more
«5«
The charter
ofincoipora-
tion.
A perpetual
collm of
phynavM
erefted and
erantedin
London and
tliernburbft
A prefident
of the college,
and hit office
and duty.
The college
Ihall have
perpetual fuc-
ceflton and
a common
ieal.
And (hall be
of ability to
purchafeiand.
Anno XIV. & xv. Henrici VIII. [15^^-3.
more at large hj^ecified and contained^ the tenor whereof foB&weth
mthefi words:
(2) TTENRICUS Dei gratia Rex Angliae & Pmncia, & Do-
XX minus Hibemix,* omnibus ad quos prasTentes litenc
pervenerint, falutem. Cum regii ofliciinoftri munus arbitremur
ditionis noftrae hominum fcclicitati omni rationeconfulerei (3)
id autem vel imprimis fore, fi improborum conatibus tem-
peftive occurramus, apprime neceflarium duximus impro-
borum quoque hominum, qui medicinam magrs avaritiae fuac
caufa, quam ullius bonae confcientiae fiducia, profitebuntur,
unde rudi & credulz plebi plurima incommoda oriantur,
audaciam compefcere: (4) itaque partim bene inftitutarum
civitatum in Italia, & aliis multis nationibus, exemplum
imitati, partim gravium virorum doclorum Joannis Chambre,
Thomae Linacre, Ferdinandi de vidoria, mediconim noftro-
rum, Nicholai Halfewel, Joannis Francifd, & Rob. Yaxley,
medicorum, ac praecipue reverendiflimi in Chrifto patris, ac
domini, dom. Thomas titiili San<ftae Cecilia trans Tibcnm
facrofandx Romans ecdefiaeprefbytericardinalis, Eboracenfis
archiepifcopi, & remi noftri Angliae cancellarii chariffimi, pre-
cibus inclinati, collegium perpetuum doAorum & gravium
virorum, qui medicinam in urbe no(bra Londino& fuburbiis,
intraque feptem millia pafiuum ab ea urbe quaqua verfus
publico exerceant, inftitui volumus atque imperamus. (5)
(^rbustum fui honoris, tum publics utilitatis nomine, curae
(lit fperamus) erit, malitioforum quorum tneminimus infci-
entiam temeritatemque, tarn exemplo mvitateque fuis deter-
rere, quam per leges noftras nuper cditas, ac per conftituti-
ones per idem collegium condendas, punire. (6) Quae quo
facilius rite peragi poflint, memoratis do<5toribu$ Joan. Cham*
bre, Thomae Linacre,Ferdinandodevi6toria,medicis noftris,
Nicholao Halfewel, Joanni Francifco, & Rob. Yaxlev, me-
dicis, conceliimus, ^uod ipfi, omnefque homines ejufaem fa-
cultatis de & in civitate prediAa, fint in re & nomine unum
corpus & communitas perpetua live pollegium perpetuum;
(7) & quod eadem communitas five collegium fingulis annis
in perpetuum eligere poflint & facere, de communitate ilia
aliquem providum virum, & in facultate medicinae expertum,
in praefidentem ejufdem collegii five communitatis, ad fuper-
vidend* reco^noicend' & gubemand' pro illo anno collegium
five communitatem praed' & omnes homines ejufdem fecutla-
tis, & negotia eorundem. (8) £t quod idem praefidens &
collegium, fivp communitas, habednt fucceflionem perpetuam,
& commune figillum negotiis di<ft' communitatis & prefiden-
tis in perpetuum ferviturum. (9) Et quod ipfi & fucceflbrcs
fui in perpetuum fint perfonae habiles & capaces ad perquiren-
dum, & poffidendum in feodo & perpetuitate terras & tenc-
menta redditus, & alias poflefliones quafcunque.
* iio) Gonceflimus €tiam eis & fucceflbribus fuis pro nobis
* & naercd.bus nofiris, quod ipfi ^ fucceflbres fui pofltnt per-
^ quirerefibi fc fucelToribus fyis, tarn in didla urbe quam extra,
* terras
1 522-3.] Anno XIV. & xv. HsNRlci VIII. i^y
terras & tenementa quaecunque annuum valorem duodecim
librarum non exCedent* ftatuto de alienatione ad manum mor-
tuam non obftantc. (11) Et quod ipfi per nomina praefidcn- .j«^ -
tis & coUegii feu communitatis facultatis mcdicina Lond* pla- ai^C*(ued!**
citari & implacitari poflint coram quibufcunque judicibus in
curiis & adionibus quibufcunque. (12} Et quod praed' praefi- They may
dens & collegium five communitas, & eorum fucceflbresy niake lawful
congrcgationes licitas & honeftas de feipfis, ac flat' & ordina- *2«»blics^4
tiones pro falubri gubcmatione, fupervifu, & corredtionecol- ™^^jj^[^
legii feu communitatis praed', & omnium hominum eandem
facultatem in' dida civitate, feu per feptem milliaria in circuitu
ejufdem civitatis exercen' fecundum neceflitatis exigentiam,
quoties & quando opus fiierit, facere valeant licite & impune^
fine impedimento noftri, haeredum, vel fucceflbrum noftrorum,
juilitiariorum, efcaetorum, vicecomitum, & alior* ballivor'
vel miniftror* noftror' hatred* vel fucceffor* noftror' quorum-
cunque. (13) Conccflimus etiam eifdem pracfidcnti & colic- ^^ ^^^^^ ^^v^
giO) feu communitati, & fucceflbribus fuis, quod nemo in die- pnaire phy.
ta civitate, aut per feptem milliaria in circuitu ejufdem, exer* uck in j:.on-
ceat didhm fecultatem, nifi ad hoc per didt* praefidentem & f*oj?» or ^.^h-
communitatem, feu fucceflbres eorum, qui pro tempore fuc-JJ^^^2i
rint, admifTus fit per ejufdem prxfidentis & collegii literas fi- 1^^ be diowed.
gillo fuo communi figillatas, fub poena centum foTidorum pro
quolibet menfe, quo non admiilus eandem facultatem exer-
cuit, dimidium inde nobis & haered' noftris, & dimidium
dido priaefidenti & coir applicandum.
* (14) Pneterea volumus & concedimus pro nobis & fiiccef- Fourphyfici^
fonbus noftris (quantum in nobis eft) quod per pn^dentem JP'ii^te***^^'^
& coU^um praed' communitatis pro tempore exiften' & SofaT tohaw
eorum lucccfibres in perpetuum, quatuor fingulis annis eli- the overfight
gantur,qui habeant fupervifum & fcrutinium,corre6tionem&of theotbert*
gubemat^ omnium & fingulor* didlae civitatis medicorum
utentium facultate medicinal in eadem civitate, ac aliorum
medicorum forinfecorum quorumcunque facultatem illam me-
dicinal aliquo modo frequentantium & utentium infra ean-
dem civitatcm & fuburbia ejufdem, five intra feptem milliaria
in circuitu ejufd' civitatis, ac punitionem eorund' pro delidUs
fuis in non bene exequendo, faciendo, & utendo ilia; ^15)
nee non fupervifum & fcrutinium omnimodarum meaici-
narum & earum reception' per di(5los medicos, feu aliquem
eorum, hujufmodi lieeis noftris pro eorum infirmitatibus
curandis & fanandis, dandis, imponendis, & utendis, quoties
& quando opus fuerit pro commodo & utilitate eorundem li-
gporum noftrorumj (16) ita quod punitio hujufmodi medi-
corum utentium didta fecultate medicinae, fie in praemiffis de-
linquent' per fines, amerciamenta, & imprifonamenta corpor*
fuor* & per alias vias rationab' & congruas exequatur,
^ (17) Volumus etiam & concedimus pro nobis, hseredibus, ^ h. t. c.40.
& fucceflbribus noftris (quantum in nobis eft) quod nee prae- Kyficiant&ail
fidens nee aliquis de collcgio pned' medicorum, ncc fuccef-notbefiim-
fores fui,* nee eorum aliquis excrcens facultatem illam, quo- ri^Sniwwtoo.
15$ Anno adv. & xv. Henrici VIIL [1.5^2-3.
* quo modo in fiitur' infra ciyitatem noftram praed' & fuburbi^
^ ejufdem, feu alibi, fommonieantur aut ponantur, nequeeorum
* soiquis fummoneatur aut ponatur in aliquibusaffifisyjuratisj
^ inc^eftis, inquiiitionibus, attindis, & aliis recognitionibus in*
^ fra di&SLm civitatem^ & fuburbia ejufdem, impofterum coram
^ majore ac vicecom* feu coronatoribus di£be civitatis noftne
* pro tempore exiften' capiendis, aut per aliquem officiarium feu
^ miniftrum fuum, vd officiarios five miniftros fuos fummon-
' end' licet e^dem juratae inquifitiones, feu recognitiones Aim-
^ mon' fuerinf fuper brevi vel brevibus noftris, vel hacredum
> ^ noArorum, de re<5to; fed quod didi magiflri, five gubema-
* toreS) ac communitas facultatis antediAse, & fuccefiR)res (ui, &
* eorum quilibet didlam facultatem exercentes verfus nos, hae-
* redes, & fuccellbres noftros, ac verfus majorem & vicecoiDite$
* civitatis noftrs prxd' pro tempore exiften' & quofcunque of--
^ ficiarios & miniftros fuos fint inde quieti, & penitus exone-
^ rati in perpetuum perprae&ntes.
^ ( 18) Provifoquod litedb noftrae, feu aliquid in eiscontent' noo
^ cedentin prsjudicium civitatis noftrac Lond' feu libert'ejufd* Si
^ hoc abfque mie feu feodo pro prxmiffis, feu figillat' prsienti-
^ um nobis facienda, fblvenda, vel aliqualiter reddenoa, aliquQ
* ftatuto, ordinatione^ vel a<^ in contrarium ante baec tempo*
* ra fado, edito, ordinato, feu provifo in aliqup non obftante*
^ Incujus rei teftimonium has literas noftras fieri fecimus paten-
^ tes« Tefte meiplb apud Weftmonafterium xxiij. die SepC
^ an'reg'noftri x, "
Per ipfum Regem.
Et dedata praed' ?utboritate pari' TUNSTALL.
(19) And forafimuh that the making of the faid corporation isme^
ritoriouSj ana very good for the common wealth of this your realm^ it
is therefore expedient and necejfary to provide^ That noperfonoftie
faid politick body and commonalty aforefaid^ befuffered to exercijeand
praiiife phyfick^ but only thofe perjons that be profound^ fadj andiif
creetj groundly learned^ and deeply fludied in phyfick.
Theibregoing IL In confederation whereof ana for the further authoriTing of the
SSSiS^Md^^^ /r//^i/tf^^/^, andalfo enlarging of further articles for the fmd
further ca.^^7'^^^ w^tf//* to be had and made: Pleafeth it your Highncfs,
largcd. with the aflent of your lords fpiritual and temporal, and the
commons, in this prefent parliament affemblcd, to enadt, or-
dain, and eftablifli. That the faid corporation of the faid com-
monalty and fellowfliip of the fiiculty of phyfick aforcfaid, and
aU and every grant, article, and other thing contained and fpe-
cified in the faid letters patents, be approved, granted, ratified,
and confirmed in this prefent parliament, and clearly autho-
rized and admitted by the fame, good, la w ful,and available to
your faid body corporate, and their fucceflbrs for ever, in as
ample and large manner as may be taken, thought, and con-
ftrued by the fame; (2) and that it pleafe your ttghnefs, with
the aflent of your faid lords fpiritual and temporal, and the com-
mons, in this your prefent parliament aflembled, further to
enad,
a
i5»«-3] Anno xiv. & xv. HctfRlci VIW. 159
OuiA, orcfeim and ^blith, Thut the ix pcffons btSansbid in
your iiiid mpft gracious letters patents named as principals, and
firft named « of the faid commonalty and feilowihip, choofingto
them two more of the faid commonalty, from henceforward be
called and cleaped eU^Si (3) and that the fame eleds yearly There (haUbe
choofe one of them to be prefident of the faid commonal^, and ^K^t dc^df
as oft as any of the rooms and places of th^ fame elefts fluiU ^••^y^J*"*
fortune to be void, by death or otherwife^ then the furvivors of **"•*"•
the faid ele^s (within thirty or forty days nes^t after the death of
them, or any of them) (hall choofe^ name, and admit one or
mo, as need (hall requite, of the moft cunning and expert men*
of and in the faid faculty in Lmhtiy to fupply the laid room
and number of eight perfons ; (4} fo that he or they that (hall
be (b chofen, be firft hj the faid furvivors firiftly examined after
a form devifed by the (aid eledls^ and aUb by the (ame furvivors
approved.
III. And where that indiocefes oSEugUmdj out of Londm^ it is Phyficians in
not light to find alway men able fafficiently to examine (after the otherplacetto
ftatute) fuch as (hall be admitted to exercife phy(ick in them, ^ JJJ^^^
that it mav be enadled in this prefent parliament. That no per- dentandiSi«e
fi>n from nenceforth be fuffcred to exercife or ptadUfein phj^ck of the elefii.
thn>ugh Ef^landj until fuqb time as he be examined at Lmdm^ s H. s. c.ii.
by the fiud prefidcm, and three of the faid ele6ls; and to havc^T^^^fJ^g**^
from the (aid prefident or eledts, letters teftimonials of their ap- ties excepted,
pioving and examination, except he be a graduate of Oxford oti Co. 114.
Camiri^ey which hath accompliibed all things for his form, Cro. jac. iiit
without any grace. iSicm^^^^
CAP. VI. \Oco.Cu.tsS.
AUiring 9f highways in the weld of Kent.
N humUe wife befeechethyour ISghnefiy ymr true and faithful fvHh-
je£ty George Uuldeford efauire for your body^ That where there
is J anief time whereof mind of man is not to the contrary^ hath been
an oldcommm way^ erflreet for carriages^ and all other pajfages and
bu/inefsfer yen and your progenitors^ and your and their people^ in the
hundred of i2rznthTo6kj in the weld of your county of Kent, leadif^
and extending between and ameng the lands of the manor of Hempfted,
of the y&W George, in the faid hundred of Cranebrook, from the
hridge ealledHemf&cd bridge^ dividing the faid hundred of Cr^ne-^
brook, and the hundred of Rolvinden, in the faid weld of your faid
eounty, to a crofs ealledTotex\dm crofs, Jianding nigh to a great oak^
named Hempfted oaky which is in length upon an hundred fourfcore
and ten perches \ which common wayfo ufed is in divers places thereof
right deepy and nfiywsfor the paffage of your people^ and alfo is notfe
dire^fy leading between the faid bridge and crofsy neither fo commodi^
eus for your people^ as another way of like breadth in other places tvitb-
in and over the lands of the faid manor might be made.
!!• In confideration whereof, it may pleafe your Highnefs, ofculdefbid
your blefled difpo(ition, ^vith the aiTent of the lords fpiritual and may lay out a
temporal, and the commons, fn this prefent parliament af-J^^J-i" r
fembled, and by the authority of tb^ fame, "to enaft and ordain, ^^^^£S,vid
jTbat
I
i6o Anno xiy. & xv. Henrici VIII. [1521-^.
then keep in That it (hall be lawful to your faid befeecher, his heirs and af-
feveral the ^ figns, owners of the faid manor oiHempfled^ at his and their pro-
®^^* per cofts and charges, at any time before the twenty fixth day
of May which (hall be in theyear of our Lord God M,D,XXVn,
by the overfight and ailent of two >uftices of peace of the (kid
county of Kmt^ and twelve other difcreet men, inhabitants with-
in the faid hundreds of Cranebr&ok and Ralvinden^ to aifign, limits
and lay out, over and through the lands of the faid manor, one
other way for carriages and paflages of your grace, and of your
people, and of your and tfaeir heirs and fucceflbrs, of as great
largenefs in breadth, or larger than the faid old way now fcMcing
1$, and as commodious for the faid carriages and paiTages, as
the fame way now being is, or better, extending and leading
dire6Uy between the faid bridge and oofs, fo that your grace,
and your people, by the faid new way (bto be alTigned and laid
out, (hall have the more eafy carriage and paiTage than is, or of
late time hath been, by the faid old way; {2) and diat after the
faid new way fo laid out and a(rigned, the faid carriages, pai&-
ges, and other bufinefs there, may be as liberallv, commonly^
and freely from thenceforth there ufed and haa for ever, and
every other thing there exercifed and kept, as before this time
hath been had, ufed^ exercifed, and kept in the faid old way,
without let or interruption of the faid Georgiy his heirs, or
afligns, or any other perfon, which hereafter (hall have, hold,
or poflefs the faid manor; {i) and that immediately after that
the faid new way fas is aforeuid to be afligned and limited, (hall
be (as is abovelaid) laid out, and fully made, it (hall be lawful
to your faid befeecher, his heirs, and afligns, owners of the f;ud
manor, to inclofe the faid old way, and every part thereof, and
that from henceforth to hold in (everalty to them, and to their
hdrs and a(figns, to their own ufe and profit forever, as parcel
of the faid manor, without any common way or pafTage there
from thenceforth to be had or claimed, any prefcription or ufe
to the contrary heretofore had notwithftandmg.
Anr Derfon '^^* "^"^ ^^ cmftderation that many other common ways in the faid
may Sy out a ^^^ ?/" Kent, hefo deep and noyousj by wearing^ and(ourfe ofwater^
niore commo- and Other occoftom^ that people cannot have their carriages or paffages
diou$way in by horfes Upon or by the fame^ but to their great pains ^ perils and
KenT^bv^e J^^^^y • *^ maybe by the faid authority ertafted and e(bibli(hed,
Sfent of two That if any other perfon or perfons, any time hereafter, in any
jufticesoftbe place withm the (aid weld of your faid county, of his good mind
peace, andxiu and difpofition, without any value of good by him or them to
SiSun'dJSd *^ received for the fame, will for the common weal of your peo-
and keep feve- P'^* ^^^^ ^^^ ^^X ®^^ ^ ^^^^ Commodious way, in and over
ralthcold. the lands thereunto adjoining, whereof the perfon or other to
his ufe (hall be fcifed of fee in eftate of inheritance, that the
fame new way (b to be affigned and laid out, by overfight and
aiTent of two juftices of peace of the faid county, and twelve
other difcreet men, inhabiting within the hundred where any
fuch new way (hall be limited and laid out, or inhabiting within
the fmae hundred and other hundreds to that hundred next ad-
joining,
X522*3-] Anno xiv. & XV. Henrici Vlir. i6i
joining, (ball be from thenceforth holden, occupied, and ufed in
like manner as the old way there now is, or before hath been.
IV. And that alio the fame perfon or jperfons fo difpofed,
^willing and accomplifhing the fame, (hall and may, for the faid
new way fo alligned and ufed, retain, and hold in way of recom-
pence for the fame new way fo to be given, the foil and ground
of the old way in feveralty, as is abovefaid, to hirri or them,
and to their heirs forever, in like manner as is abovefaid of the
faid new way to be affigned at Hempjled\ (2) and that the faid Tbe {uftices
two juftices of peace, and twelve other difcreet perfons, by whofe and xij. men
overfight and alTeiit the faid new way at Hem^ed^ or any other ^allnaakcocr-
way, by virtue of this aft (hall be hereafter aiTigned, limited, Jl^^^y j^
ana laid out, (hall within three months next after the a(ngn- the chancery*
ment, limitation, and laying out of the fame, make certificate
into the King's moft honourable court of chancery under their
feals, of the length and breadth of the fame new yray or (treet,
and of other things adjoining or concerning the fame, as by
their difcretions (hall be thought mod expedient or requifite for
the common wealth of that county to be certified \ (3) and that
certificate to be made from time to time, as oft as any fuch new
way or ftreet (hall be afligned, limited, and laid out in form
above written.
V. Provided alway. That if any perfon or perfons, or body
politick, have, or ought to have, or hereafter (hall have anv
church-way, or other whatfoever way or pa(rage, over or througli
an}r manner lands adjoining to any of the faid old ways or ftreets, '
which (hall be taken and ufed by force of this a<ft, as feveral foil,
and fireehold, in recompence for any new way to be made and
laid out in form aforefaid, or have, or ought to have, or hereaf-
ter (hall have any lands or tenements a^oining to the (aid old
way ; that they, and every of them, their heirs, and fucce(rors,
(hall and may have and ufe their faid way, or ways, out of, and
into the faid new way, over and through the land of the faid
old way or (Ireet, into or over the faid land or tenement adjoin-
ing to the fame, and fo to pafs and repafs, as (hall appertain,
over the fame old way, at fuch convenient place or places there- They which
of, as therefore (hall be limited and a(rigned by the (lid two juf- ^^^ ^ T'^7
ticcs of peace, and other twelve men, and by them to becertifi- Mwiy may
ed into the chancery, among other things by them to be certi- u(e it.
fied in form aforefaid, anything in this adt above written not- 26 H. 8. c.7.
withftanding.
CAP. VII.
Anv perfon that hath lands to the yearly value of C.l. may »sH. 8. c.t/,
(noot in crofs-bows and hand-guns notwithftanding the fta- ^^^' 33 H. 8.
tute of 6 H. 8. r. 13. All former placards granted by the King ^' '
for (hooting in either of them (hall be void.
Vol. IV. M CAP*
i62 ' Aono xiv, 8c xv. Hen&ici VIIL [15^2-3,
CAP.VIII.
The marriage of tbejhf clerks alUwedy Sec.
By old cuftom TN mofi humbk wife befeechen yotfr bighnefsj your true andjhitb^
no clerk of th« X fulJubje^fSy and daily fervants^ the fix cUris of your high court of
^^tnacmr ^^^^^^^7* ^^^^ whereas of old time accuRomed hath been ufed in the
but only the ' fa^ courty that all manner of clerks anamini/lcrs of the fame courts
clerk of the writing to the great feaU Jnould be unmarried (except only the clerk
crown. of the crown) fo that as well the curfitorsy and other clerks^ as the fix
clerks of the faid chancery^ were by the fame cvAom refireanedfrmn
marriage^ whereby all tho/e that contrary to the fame dia marry^ wert
no longer fuffered to write in the faid chancery ^ not only to their great
hinderanccy lofing thereby the benefit of their hngfiudfy and tedious
labours and pains in youth taken in thejaid courts tit alfo to tie great
decay of the true courfe of the faid court.
II. Andforafmuch as now the faid cuftom taketh no place nor ufage^
but only in the office of the faid fix clerks y but that it is permtted and
fuffered for maintenance of the faid courfcj that as well the faid cur^
fiiorsy as the other clerks aforefaidy maj and do take wivesy and mar-
ry at their liberty y after the laws of holy churchy and of long time have
fo doncy without interruption or let of any perfon : (2; It may there-
fore pleafe your highnefs of your moft abundant grace, with the
aiTent of ttie lords fpiritual and temporal, and the commons, in
tbisprefent parliament ailembled, and by authority of the fame,
in confideration of the premiiles, and alfo for that tne faid cuftom
is not grounded upon any law, to ordain, eoaft, and eftablifli.
The fix clerks That John Trevetherty Richard WelkSy Oliver Leader y John Crokty
of the chaai- William Jeffony and John Lemfeyy now being in the office of the
ccr may mar- g,^ clerks of the chancery, and every of them, and ^11 other
enji^their which in time to come (hall be in the fame office, and every of
offices. them, may and do take wives and marry at their liberty, mer
the laws of holy church j (3) and that they, and evwy of th«n
fo married, may have, bold, and enjoy their faid office of fix
clerks, in as ample, large, and like manner, as diey did or fhould
do before the faid efpoufals, or as if they had pever been mar-
ried, the fai4 cuftom, or any other cuftom or ordinance hereto-
fore had or made to the contrary notwitbflanding.
IIL Provided alway, That by a?iy thing in this a<ft contained^
the niafter of the rolls for the time being be not prejudiced
either in the giving and difpolition of the faid offices from time
to time, as hath been heretofore accuftomed, the forfeiture of
that office by reafon of marriage 6nly except. And that the faid
officers which now be, and hereafter fhall be, do g^ve fuch at-
tendance unto the faid mafter of the rolls for the time being, as
heretofore in the faid offices hath been accuftomed,
CAP. IX.
Rep. 5EI.C.8. A repeal of the ftatute of 4 Ed. 4. c. 7. inhibiting cordwainers
&i Jaci.c.ax. in London to pull on fhbes on certain days.
CAP.
1522-3.] Anno XIV. & xv, Hbnrici- VIII. 16^
CAP.X.
Ti^ penalty far unlawful bunting the bifre.
FORASMUCH as ourfivereign lord the Kingj andiotbernoble^
men of this realm ^England; h^e this time have vfed and
exercifed the game of hunting of the hare for their difpcrt andpleafure^
which game is now decayed^ and' almojf utterly de/lroyed^for that dl"
vers perfons in divers parts of this realm^ by reafin of the tracing in
fhffw^ have killed and dejlroyed^ and dotty do kill ana deftroy the fame
hares^ by x, xij, or xvi, upm one day^ to the difpleafure of ourfaid
fovereign lord the King, and other noblemen of this his realm. (2) The penally
Wherefore be it cnafted by our feid fovereign lord, by the ^^ ^ "*
lords fptritual and tempora], and by the conunons, in thispre-'J^*^^^^"*
fent parliament aflemblcd, and by authority of the fame. That
no peribn or perfons, of what eftate, deeree, or condition they
hcy iirom henceforth trace, deftioy, ana kill any hs«-e in the
fnow with any dog, bitch, bow, nor otherwife. ^3) And that juj^cef of
the juftices ot peace within every ihire, at every teflions of the peace and
peace, and ftewards of leets, (hall have full authority and power Rewards in
to enquire of fuch offenders ; (4) and after fiich inquifitions ^^^* ^V ^'
found, the (aid juftices of the peace and ftewards of lects, for puJJi"^!*'^.
every hare fo killed, (hall cefs upon every fuch offender, vi. s. fenders,
viij. d. to be forfeited toourfaid fovereign lord^ that (hall be fo
foimden by the juftices of peace in their i^fiions, (5) and the t Jac.i.c.t7.
forfeit^re tound in every leet to be to the lord of the leet.
CAP. XL
Cloths made in Sufiblk, called Veflcs or Set cloths, fballnot
be forfeited for lack of length or breadth ^ being wet.
TjUMBLY Jhewn unt^ your highnrfs, your true fubjeSfs atids H. S. c. 9.
XX cUihiers of your county of Suffolk, That where in thejixtb year
of your moft noUe reigUy it was and is ena^ed among/l other things
concerning making of clotby That any perfon or perfons Jhalt not put
any cloth tofaUy wbich^ when it is full wet^ /hall Jbrink more than
one yard in lengthy and one quarter of a yard in breadth for the more
part thereof \ (2) and cloths, catted Narrows or Streits after the rate;
upon pain to forfeit for every cloth otherwife puttofale^ \u s. viij, d.
andtOidedu& (>f his price for thefame^ to be rebated to the buyer there*
of as much after the rate^ as the fame cloth fo otherwife put tofale^
(being full wet) /haUbeftirunk more than one yard of that it was in
length at the time of the fame f ale ^ and as itjhall [being wet) lack
^ the breadth of one yard and three quarters of a yard, ( 3 ) And in
the fame a£t was and is a provifo made after the form following,
n. Promded alway^ That this ail extend not to woolen cloths called
Kendals, nor cloths called Carpenel Whites, commonly made for
lining of hofeny nor to any cloths called ToAockSy made in fhe county
^Dcvon(hirc, nor to any woolen cloths made in the county of Corn-
wall, nor for any cottons or plain linings orfrife made or to be made
in Wales, Lanca(hire, tfniChe(hire, or any of them,
in. So it isy moft gracious fovereign lordj that vejfesy otherwife
called Set Cloths, of divers colours^ be made in your faid county ^/'Suf-
M 2 folfc.
i64 Anno xiv. & xv, Henrici VIII. [15^2.3.
folk, ufbscb hi made to be worn in far countriis^ and not in England,
and h offmaU prias^ not abovo xl. s. a clotb^ that do not bold the
hngth nor breadth wbgn thoy be wet^ which the buyers do know well
when they buy thenij fo that therein is no deceit ; which cloths in the
SH. 7.C.II. third year of the reign of your moji noble father King Henry /ihf
Seventh were provided f or ^ fo that they might lawfully be fold without
any penalty or forfeiture^ though they lacked in length or breadth when
they were full wety andfo they have ufed to do time out of mind*
IV. And in the provifo made in thefaid a£f of the fixth year of
your moft noble reign^ they were forgotten and not provided for^
which Jbould be to the utter impoveriflnng of the clothiers rf' your f aid
county y and of all other that be wrought by reafon of c/otb-making
within the J aid county {/* Suffolk, if no remedy Jhould be therefore
provided.
The ftatutc of V, Wherefore your humble Aibjefts humbly befeech your
ftJdl' *otcx' ^^ig^'^cfs, That it be enadedby all the lords fpiritual and tcm-
tend t^ VdTes P<>ral) ^nd all the commons, in this prefent parliament aifeoibled,
orSctOothi. with your royal ailent to the fame. That all cloths called
Vejffesy otherwife called Set Ckthsy what colour foever they be of,
not being above the value of xl. s. a' doth, mall not be forfeited,
for that thev lack in length or breadth, when they be full wet,
after the fale of them arore this time made, or hereafter to be
made; (2) the faid a<St nude in the fixth year of your moft
noble reign, or any other adt heretofore made to the contrary
notwithflanding.
CAP. XIL
Wbat coiners fhaU do thai make money at any mint witJUn
England.
COINERS that ihall make any money at any mint, (halt
coin part thereof half-angels, groats, and (mall money.
The print of the farthing. The tenth part of money coined for
any perfon (hall be paid in half-pence and farthings. This a6l
not to affeft the coiners o£TorkjDurefmey or Canterbury,
CAP. XIII.
A confirmation of the ftatute of 11 H. 7. c, 5. touching the pul-
ling down of engines in the haven of Southampton^ and the
fame made perpetual.
CAP. XIV.
4 H. 7. c. 4. They which be in the King's fervice in the wars may alicne
\ H. s'c.4.^' *^'^ lands, for the performance of tlieir wills, without any
^ * ' fine for alienation ; and if any of them die in the King's
fervice in war, his feo(Fees or executors (hall have the ward-
Ihip of his heir and land.
Sta-
quam prorogad ad palatiam Weftmon* Sc ibidem continuati per quadra-
ftata & qufttuor dies, videlicet ufque ad decimum feptimum diem L)ecem-
n» ii ab ei(dem loco & die prorogati ufque ad viceumum feptimum diem
1529.] Anno vicefimo primo Henrici VIIL 165
Statutes made at the parliament begun at Londony
and continued afterwards by prorogation and
adjournment to Wefiminfiery Anno 2 1 He 5f . VIII.
zxAAnno Dom. ii2().
STATUTA ad rempublicam fpe^nda, edita* ui prima feilione parlia- Cro. £L 853,
menti j>rira» incboati in civitate Londini tertio die Novembrit, anno
inri^uflimi principis Henrici of^avi Anglic U Francis regis, fidei defen-
Ibrisy U domini Hibemiac vicefimo primo, & ex ea civitate tarn adjumati
luadra-
Jecem-
^ irokati ufque ad vice£mttm feptimui
Aprilis tunc proxime inftantis.
CAP. L
The Kind's pardon to all perfons of all offences, forfeitures, £ x P.
pains of death and body, except treafons, murders, ^c.
CAP. n.
An abjured perfon (hall be marked by the coroner on his thumb Rep- 1 Jac. u
with a hot iron ; and if he refule to take his paffage at the^- *5* ^
time appointed by the coroner, he (hall lofe the benefit of*«Jac.«-c.a«-
fanAuaiy.
CAP. III.
Plaintiffs in affife may abridge their plaints.
FORASMUCH as aJJifeSy which have been thought the moftDjer^ ^t, ^5,
ffeedy remedy ^ be now by ouafim of pleading of many bars to^h 13*.
moieties and parts of the lands put in view and plaint^ greatly delayed s}^' ^^. '*•
for dijiculties and divijion of pleading j and one caufe thereof isy be- ^l^^i, ,*i|^*
eaufe the plaintiffs in every affife injuch pleas to moieties and parties^
eannotbythe law abridge thetr plaints: (a) forremedy whereof be it ^j^^ plaintiff
enacted, That the plaintiff in every affife from henceforth may ji, afliTe may
at his pleafure fever and abridge his plaint, of any part or parts abridge his
whereunto any bar is pleaded by moiety, in like manner as he pi^int of any
or thw might do in cafe the pleas in bar had been made andP^^^^^^"
divided to any certainty or number of acres in the plaint ; and n\nifd.
that the plaint for the refidue of the part or parts of the lands not
abrid^, (hall be and ftand good and effedhial in the law. ^ua
fuidem biUa perle^aj (5f ad plenum intelleSfay per diifum donf regem
ix affenfu W auftoritaf parliamenti predi^i taliter eft refponjum.
Jmperfe^ on the roll.
CAP- IV.
The fate of lands hypart of the executors^ lawful.
WHERE £vers fundry perfons before this time, having ^'^^roII, 336.
perfons feifed to their ufe of and in lands and other heredita- Land devifed
ments to and for the declaration (ft their wills ^ have by their laft wills to be fold by
andteftaments willed and declared fuch their faid landsy tenements^ ^ r <*iv«" ^*«=^-
other hereditaments to be fold ly their executor Sy as well to and for the {^y^common
pigments of their debtSy performance of their legacies y neceffary and]l^ be fold bf
convenient finding of their wiveSy virtuous bringing up and advance- part of them.
M 3 ment
1 66 Anno vicefimo primo HfiK&tci ViQ. [1529-
ment of their children to marriage^ as alfi for other charitable diedi
Ube ione and exuuiedbf their 4xuuurs fir 4be hepltk cftbeirfnds.
(.2) And notmthJlan£ng fiich trujl and confidence Jo hj them put in
their faid eKfCutors^ it hath oftentimes beenfeen^ where fnch Iqft wiUs
md teftaments offiiA Umds^ tenements 9 and other hereditaments have
been declared^ and in the fame divers executors named^ni made^ that
after the deceafe offuch tejlators fome of the fame executors^ willing
U accon^Ufi the truft andconiienu tbcU they were put in by the faid
Uftaior^ have accepted and taken upon them the charge of the faid tef-
tament^ and have been ready to fulfil and perform all things contained
in the fame '^ and the refidue of tie fame executors^ uncharitably con-
frary to the tru/i that they were put in^ have refufed to intermeddle
in^ny wife with the execution of the faid will and teftamenty or with
thefale offuch lands fo willed to be fold by the teftator. f 3) jfnd
forafmuch as a bargain andfeie offuch landsy tenements^ or other here-
ditaments fo willed by anyperfon to be fold by his execui&rs after his
deceafe^ after the opinion of divers perjonSy can in no wife be good or
effectual in the law^ unkjs the fame bargain andfale be made by the
whoiU number of the executors namedto and for the fame \ (4) by rea^
Jon whereof y as well the debts offuch teflators have re/led unpaid and
unfatisfiedt to the great danger and peril of the fouls offuch teftatorsy
and to the great hindrance^ and many times to tie utter undoing of
their creditors : (5) as alfi the legc^ies and bequefts made by the tef-
tator to his wifcy children^ and for other charitable deeds to be done
for the wealth of the foul rf the fame tefla^or that matie the fame tef
fort of tjie tamenty have been alfi unperfirmedy as well to the extreme mifery of
exccutorf.wbo the wife and children of the faid teftator^ as alfi to the let ofperfor-
t^^ «poi» Viance of other charitably dew for the wealth of the foul of the faid
ciuw^a /C/?fl/^r, to the difpleafure of Almighty God. (6) For remedy
will, may fell whcTcof, be it (enst^ed» ordained, and eftablifhed by the authority
any lana At- of this prefent parliament. That where part of the executors
vifcd by the napied iQ any fuch teftament of any fuch perfon fo making or
foM ^"^ ^^ declaring any Avh will of any lands, tenements, or other here*
3 Cro. go. ^itaments cp (^ fold by his executors, after the death of any
Br. Devife, xo« fuch teftator, do refufe tp take upon him or them the adminiftra-
3^ tion and charge of the fame t^ament and laft will wherein they
Co. Lit.ii3.a. be fo named to be executors, and-the refidue of the fame execu-
tors dp accept and take upon them the cure and charge of the
fame teftament and laft will ; that then all bargains and fales of
fuch land^ tenements, or other hereditaments, fo willed to be
fold by the executors of any fijch teftator, as well heretofore
m^de, as hereafter to be made by him or them only of the faid
executors that fo doth aecept. Or that heretofore hath accepted
and taken upon him or them any fuch cure or charge of ad-
miniftration of any fuch will or teftament, fliall be as good and
as efFedhial in the law, as if all the refidue of the fame execu-
tors named in the faid teftament fo refuftng the adminlftration
jof the fam^ teftament, had joined with him or theni in the
making of the bargain and iaie of fuch lands, tenements, or
other hereditaments fo willed to be fold by the executors of any
fuch teftator, yrhich heretpfor^ hath made or declared, or that
hereafter
1 529,] Anno yicefimb piimo Hehrici VIII. 167
hereafter fludl make pf declare any lUch will, of any fiich lahds^
tenements, or other hareditaments after hi$ decea/e, to be fold
by his, executors.
' n. Provided alway, That thisaft (hall not extend to give power wiU* made
or authority to any exfccittor or executors at any time hereafter to before this
baif;ain or put to (ale any lands^ tehements, or hereditaments, by ftatute.
virtue and authority of anv will or teftament heretofore made,
otherwife than they mi^t.do by the courfe of the common
law afore the making this zA,
CAP. V.
t^atfees ought to be taken fbr probate of teftament s.
WHERE in the parlufment boUeh at Weftminfter, in /Ar 3,Ed.3.ftat.i.
. thirty prft yeat of the reign of the noble King of famous me* c. 4.
mory^ Edward the Thirij t^on the compkint of his people for the out* Latcji. 68.
rag^ous and grievous fines andfums of money taken by the mimfters of
biftfefs^ and of other ordinaries of bofy churchy for the probate oftef-
tamentSi ana for the acquittances by the faid ordinaries to he modi
concerning thefame^ thefmdnobU King in the fame patliament, openly
charged and comnumded the archbifl>op ^Canterbury, and the othef
bijbcpsfor the time beings that amendment thereof Jbould be had; (2)
W if mne amendment were thereof hady it jvas by the authority of
the fame parliament accorded^ that the Kingjhould thereof make en*
qmry by his jufticesy offiuh opprejfton and extortions ; and that the
fame js^ftiees Jbould hear and determine them as well at thefuit of the
Kingy as of the party^ as of old time hath bein ufedy as oy the fame
Jlatute plainly appeareth, (3) jfnd where at tie parliament holden 3 ti. 5. c. |.
at Weftminfter, in the third j/ear of the reign of King Henry the
Fifthy it was reatedy That the commohs rf the realm had oftentimes
compltuned tbeni in divets parliaments y for that divers ordinaries do
take for the probation oftfftamentSy and other things thereunto be- ^^^ ordina-
lengingy fometime xl. s.fometime Ix. s. andfimetimes morey againft ry't duties for
right andjufticey wh&e m the tinle of King Edward the Thirdy men probate of
were wont to pay for fuch caufes but ii. s. vi. d. or v. s. at the mojly tcftaments in
by which mlawful exaSlions the tejiaments of the teftators might not be J^^^EcT*
executed acceding to their hft wills ; C4) it was then ena^edyfor ' ' ^'
the avoiding of fuch opprejfionsy That no ordinafy from thenceforth
Jhmld take for the probation ofat^ teftament or inventoryy or for any
other thing to the fame beUngingy any more than was accuflomed and -
ufed in the time of the faid noble King Edward the Thirdy (5) i^on
pMn to yield to the party fo grievedy three times as much as the /aid
ordinaries Mfo receive ; (6) which a^ did endure but to the nefct
parliament fomvingy by reafon that the ordinaries did then promife to
reform ana amend the faid oppreJJions and exafiions ; ( 7 ) and for that The unlawful
the fdd unhnvful exaiiions of the faid ordinariesy ana their miniftersy cxaftions of
he nothing reformed nor amendedy but greatly augmented and increafed, ordmanwthe
againft right andjuftice^ an4 ^ the great impoverifiing of the King^s ftatu%^ *'
fubje^s:
II. The King our fovereign lord, by the aflent of the lords 4 ^nft. 33$.
fpiritual and temporal, and the commons, in this prefent par-
liai^ei^ aflembled, and by authority of the fame, hath ordained,
M^ cftablifticd,
1 68 ' Anno viccfimo primo Hemrici VIII. T ' 5^9-
dbbCflied, and ena6ted. That from the firft day of Aprils in the
The fees for .year of our Lord M.D.XXX, that nothing (hall b^ demanded,
probate of a received, nor taken by any biihop, ordinary, archdeacon, chan-
wSre Ae ceUo^^j commii&ry, oflicial, or any other manner of perfon or
goods exceed perfons, whatfoever they be, which now have, or which at any
not the value time hereafter (hall have' authority or power to take or receive
of C. s. probation, infinuation^ or approbation of tefiament or tefta-
ments, by himfelf, or themfelves, nor by his or their regifters,
fcribes, praifers, fummoners, apparitors, or by any other of their
ininifters, for the probation, infinuadon, and approbaticm of
any teftament or teftaments, or for writing, fealing, praifing,
re^iftring fines, making of inventories, and of giving of ac-
Quittances, or for any other manner of caufe concerning the
ime, where the goods of th&teftator of the faid teftament, or
perfon fo flying, do not amount clearly over and above tho vahie
of C. s. fterling, (2) except only to the fcribe to have for
writing of the probate of the teftament of him deceafed, whofe
goods (hall not be above the fame clear value of C. 8. n. d.
Commifltooof (3) and for the commiilion of adminiftration of the goods of
adminiftra- any man deceafing inteftate, not being above like value of C. s.
dMiwbcre the clear vi. d. (4) and that neverthelefs, the bifhop, ordinary, or
notthrv^uc ^^^ perfon or perfons having power, or authority to take or
of C. ^. receive the probation or sqpprobation of teftaments, refufe not
to approve any fuch tefbment, being lawfully tendered or olEered
to them to bcproved or approved, whereof the goods of the
teftator, or perlon fo dying, amount not above the value of C. s.
fterling, fo that the faid teftament be exhibited to him or them
in writing, with wax thereunto affixed ready to be fealed, and
that the fame teftament be lawfully proved oefore the fame or-
dinary (before the fealing) to be true, whole, and the laft tefta-
ment or the fame teftator, in fuch form as hath been commonly
aocuftonicd in that behalf.
The fees of lU- And when jthe goods of the teftator do amount over and
theprobateofabove the dear value of C.s. and do not exceed the fum of
a teftament, xl. li. fterling } that then no biftiop, ordinary, nor other manner
^(^8 doTex- ^P^''^^'* or perfons, whatfoever he or they be, now having, or
feed C. ^ and ^hiich hereafter (hall have, authority to take probation or ap-
not xL 1|. probation of any teftament or teftaments, as is aforefaid, by
themfelves, nor any of their faid regifters, fcribes, praifers, fum-
moners, apparitors, nor any other tiieir minifters, for the {»oba-
tion, infinuation, and approbation of any teftament or tefta-
ments, or for the regiftnng, fealing, writing, praifing, making
of inventories, giving of acquittances, fines, or any other thing
concerning the fame, ftiall take, or caufe to be taken of any
perfon or perfons but only three fliiUings vi. d. and not above,
^ Roll, 158, (2) whereof to beto the faid biftiop or ordinary, or to any other
163,449. perfon or perfons havii)g power and authority to take the proba-
Thc *««^^^ of ^ion or approbation of any teftament or teftaments, for him and
a teSa^ent, ^is minifters ii. s. vi. d. and not above, and xii, d. refidue of the
where the ' faid iii. s. vi. d. to be to the fcriBe for the regiftering of the
%^^ \\^' feme : (3) and iiyhcrc the goo(ls of the tpftator, or perfon or per-
* 5*9*3 Anno vicefimo prime Henrici VIII. ^ 165
ions fo dying, do amount over and above the dear value oftcl. It.
fterlii^) that then the bifhop nor ordinary, nor other perfon or
perfons3 now having, or which hereafter (hall have authority or
power to take probate of teftaments, as is aforefaid, by him or
themfelves, nor any of his or their faid regifters, fcribes, praifers,
jummoners, apparitors^ or any other their mioifters, fot the
probation, infinuation, and approbation of any teftament or tef-
taments, or for the regiftring, fealing, writing, praifing, making '
of inventories, fines, giving of acquittances, or any thing con-
cerning the iame probate of a teftament, (hall from the firft d^y
of J^lj take, or caule to be taken of any perfon or perfons,
but only v. s. and not above, whereof to be to the faid bi(hop,
ordinary, or other perfon having power to take the probation
of fuch teftament or teftaments, for him and his minifters ii. s.
vi. d. and not above, and ii. s. vi. d. tefidue of the faid v. s. to
foe to the firibe for regiftring of the fame, (4) or elfe the fame
fcribe to be at his libeny to refufe thofe ii. s. vi. d. and to de«
mand and have for writing of every ten lines of the fame tefta-
ment, whereof every line to contain in length ten inches, i. d.
(5) and that every fuch bi(hop or ordinary, and other perfon or Teftaments
perfons (b having, or which hereafter (hall have authority or (hall be fealed
power to take or receive the probation or approbation of any and ^lelivcrol
teftament or teftaments, as is abovefaid, their re^fters, fcribes, ^*™®^* delay.
and minifters fliall approve, infinuate, feal, and regifter, from
time to time, the faid teftaments, and deliver the fame fealed
with the feal of their office, to the executor or executors named
in any fuch teftaments, for the faid fum or fums abovefaid, and
in manner and form as is above rehearfed, to deliver it with
convenient fpeed, without any fhiftratory delay; (6) and in Hob. s 50.
cafe any perfon die inteftate, or that the executors named in any Admimftia-
fuch teftament refufe to prove the faid teftament, then the faid of theeoSs
ordinary, or other perfon or perfons havinc; authority to takcof themtef-
probate of tefbments, as is abovefaid, (half grant the admini- tate.
ftration of the goods of the te(btor, or perfon deceafed, to the iP^^ 3^«
widow of the fame perfon deceafed, or to the next of his kin, or ^^*^'^''
to both, as by thedifcretion of the fame ordinary (hall be thought 3^. Admiit
good, taking furew of him or them, to whom (hall be^ made 47.
fuch com0uflion,«)r the true admini(bation of the goo«ls, chat- 3 Co. 40.
tels, and debts, which he or they (hall be fo authorifed to mi- cro kl'itf
nifter; (7) and in cade where divers perfons claim the admini- cro! Car! 9!'
ftration as next of kin, which be equal in degree of kindred to 106.'
the te(btor or peribn deceafed, and where any perfon only de- To whom ad- '
fiieth the adminiftration as next of kin, where indeed <uvers SJiu bc*m" t
perfons be in equality of kindred, as is aforefaid, that in every ed, whendU *
fuch cafe the ordinary to be at his ele6Hon and liberty to ac- vers do re-
cept any one or mo making requeft, where divers do require q^^ it.
the adminiftration. ^M^- 59»
IV. Or where but one or more of them, and not all being in How much tb^
equality of degree, do make requeft, then the ordinary to admit ordinary fhall
the widow, and him or them only making requeft, or any one take for
pf them at his plcafure, taking nothing for the fam(Sb unlcl's the f^^^[^
goods tion.
1 70 Airno vioefia^o primo H£NRIci VIII. [ 1 529.
goods of the perfon to deceafed amount above the valut or fum
of C. t. (2) and in cafe the fiK>ods of the perfon fo deceaM
amount to above the value of C* s. and not above the value or
fum of xl. li. then the faid bifhop, ordinary, or other perfon or
perfons fo having authority to t^e probate of teftaments» as is
aforefaid, their minifters and officers (hall take only ii. s. vi. d.
. inft« 14.S. fterling, and not above; (3) and that the executor and ezecu-
The teftator*8 tors named by the teftator, or perfon fo deceafed, or fuch other
im
fFcntory, bv perfon or perfons to whom fuch adminiftration (hall be com-
bciMde and "netted where any perfon dieth intcftate, or by way of inteftate,
to whom de- calling or taking to him or them fuch peribn or perfons, two
livered. at the kaft, to whom the faid perfon fo dying was indebted, or
I RoUf 35t. made any legacy, and upon their refufal or abfence, two other
honeft perfons, being next of kin to the perfon fo dying, and in
their default and abfenc^two. other honeft perfons, and in their
prefence, and by their difcr^tions, (hall make, or caufe to be
made, a true and perfe<5l inventory of all the ^>ods, ch^els,
wares, merchandifes, as well moveable as not moveable what-
foever, that inhere of the faid perfon fo deceafed, (4) and the fame
(hall caufe to be indented, whereof the one part (hall be by the
faid executor or executors, adminiflrator or adminiftrators, upon
his or thek oath or oaths, to be taken before the faid bi(hops, or
ordinaries, their oSicials, or commiflaries, or other perfons hiaving
power to take probate of teftamenCs, upon the holy evan^elifts, to
be good and true, and the fame one part indented (hjl prefent
and deliver into the keeping of the faid bi(hop, ordinary, or ordi-
naries, or other perfon having power to take probate of tefta-
ments, and the other part thereof to remain with the faid exe-
ecutor or executors, adminiftrator or adminiftrators ; (5} and that
no bi(hop, ordinary, or other wbatfoever perfon, having authority
to take probate of teftament or teftaments, as is above faid, upon
the pain in this eftatute hereafter contained} refufe to take any fuch
inventory or inventories to him or them prefented or tendered
to be delivered as is aforefaid,
Theproftts 6f V, Provided always. That if the perfon fo deceafed will by
beV^ W^fcirM ***' teftameiit^ or la(t will, any lands, tenements, or heredita-
not be ac. i^tnts^ td be fold, that the money thereof coming, nor the pror
counts the fits of the Midlands, for any time tq be taken, mall not be ac-
teftators counted as any of the goods or chattels, qf the (aid perfon fo
g^^* . deceafed ^ (x) and that the fame bilhdp, 6rdinary» or other perr
310!^' * *' ^^^ ^ perfons^ having authority to* take probate of teftament or
Fitz. Exec. I, teftannents, as is aforefaid, upon the delivery c^ the Jkal and
37f 51* fign of the teftatoi, do caufe the fame feal to be defaced^ and
thereupon incontinent redeU/er the fame feal unto the faid exe-
cutor or exe<^utors, without claim or challenge thereunto to be
T^iCh^^Z^* made. (3) And in cafe any perfon or perfons, at any time herc-
dehet&i *^^^^' require a copy or copies of the faid teftament fo proved,
ThefeeVor or of the faid iriventories fo made, that then the faid ordinary
fearch and co- or ordinaries, and the other perfons having authority to take
picsoftcfta- probate of teftaments, or their minifters, (hall from time to
vcntoriM.''^' time with convenient fpecd, without any fruftratory delay, de-
jiyer,
1 5 29«] Anno Tioefimo primo HenKici VIIL i ; i
liver^ or caufe to be delivered, a true copy or copies of the fame,
to the faid perfon or perfons ib demanding them, or any of
them, (4) taking for the fearch, and for the making of the copy
of either of flie fa^d teAament or inventory, but only fuch fee
as is before rehearfed for the regiftring ot the faid teftament ;
or dfe the fcribe of regifter to be at his election and liberty to
demand, have, and take for every ten fines thereof, being of the
pfx>portion before rehearfed, i. d.
VI. Provided alway. That where any perfon or perfons hav.^ Cuftomto
ing power or authority to take probate oTteftaments, have ufed ^^^ I^^' mo-
to take left fums of money than is abovefaid, for the prdbate of S^^/ST^'^
teftaments, or commiffions of adminiftrations, or other canfe afonfaTd.
concerning the fame, (hall take and receive fuch fum or fums
of money for the pr(rf>ate of teftaments and commiflions c^the
adminiftrations, and other caufes concerning the fame, as they
before the making of this adl have-ufed to take, and not above.
VII. And it is enaAed, That every bifliop, ordinary, arch- Tlic forfeiture
deacon, chancellor, commiiiary, official, and other pmbn or of the ordina-
peribns havine, or which hereafter (hall have authority to take ^^^ ^'
probate of tmaments, their regifters, fcribes, praifers, ibmmo- ^"dj>^^^
ners, apparitors, and all other their miniftcrs whatfoever they thing contnu
be, that ihall do or attempt, or caufe to be done or attempted nr to this
againft tliis a& or ordinance in any thing, ihall forfeit and lofe Statute.
for every time fo offending, to the party grieved in that behalf, S%^*'/f ]^^*
fo much money as anv fuch perfon abovefaid (hall take con- '^ ' ^ ^^*
trary to this prefent a^ ; (2) and over that (hall lofe and fbr-^
feit X. 11. fteriing, whereor the one moiety (hall be to the King
our fovereign lord, and the other moiety to the party grieved
in that behalf, that will fue by adion of debt, bill, information^
or otherwife in any of the Kmg's courts, for the recovery of the
fame ; in which adion no eflbin, prote£don, nor wager of law
(hall be admitted or allowed. (^; And that every of the fame
biihops, and other perfons, which (hall hereafter incur or ^1
into the dangers of fuch penalty or forfeiture, (hall be charged
only by himfelf, and none of them to be chargeable to that pe-
nalty for other's offence.
VIIL Provided alway. That this prefent a<a be not prejudi- ^ ordinary
cial to any ordinary, or any other perfon, which now have, or may convent
horeafier mall have authority for probate of teftaments, but that executors to
every of them (hall and may convent before them all and every P^**^? the tef-
perfon or perfons made and named executor or executors of any an'd to bring
teftament, to the intent to prove or refufe the teftament or tef- m their ia-
taments cf their teftator or te(hitor8, and to bring in inventories, memory.
and todoevevy other thing concerning the fame, as they might
do before the making of this ad ;' (2) fo that always any fuch
ordinaiT, or other pmon or perfons having fuch authority, by.
- themfelves, their commiflaries, fcribes, regifters, or other mi-
nifters aforefaid, (hall not in any wife take for the fame above
the fees limited by this 9<5t, ne in any wife attempt any thing ^^ h. s.c.t;.
contrary to any {uut of the fame adl.
IJl
Anno vieefisio primo Hbnrici VIII. 1529.]
It Co. 9*
Tht caufet ^
of limiting in
certainty
what (hall be
paid for
mortuariei.
Thepenadty
of him that
conventeth
any perfon.to
pay for a
|[];u>rtuary
nxore than is
due.
No mortuary
where the
goods be un-
der X. marks.
Cro. Dur.»37.
No mortuary
but where
mortuaries
have been.
Bat one mor-
tuary for one
perron*
CAP. VI.
tV2>ere moriuaries ought to be pat d^ for what perfons^ and
bow much ^ and in what cafe none is due.
FORASMUCH as pieJHm^ ambiguityy and doubt is chanced and
rifen upon the order ^ manner^ and form rfdemandtng^ receivings
and dainung of mortuaries ^ otherwife called Code Prefents, as tvcll
for the greatnefs and ^Hdue of the Jamey wbichy as bath latefy been
taieftj is thought over-exceffive to the poor people and other perfms
of this realmy (2) as oifofor thatfuch mortuaries or corfefrejints have
been demanded and Uvtea^forfucb as at the time of ibetr death have
had no property in any goods or chattels ^ and many times for travelling
and wayfaring men^ in the places where they have fortuned to die ;
(3) to the intent that all doubty contention^ and incertainty herein maj
DO removed^ and as well the generality of the King's people therein re-
mediedj as alfo oftheparfons^ vicarsy parijb priejis, curates^ and other
bavit^ intereft infuch mortuaries and corfi prejents indifferently pro^
videdfor:
n. Be it therefore ena&ed^ ordained, and eftabliihed by the
King our fovereign lord, and the lords fpiritual and temporal,
and the commons of this parliament a&mbled, and by
authority of the fame. That from the firft day of Aprils in the
year of our Lord God M.D.XXX. no parfon, vicar, curate,
nor parilh prieft, ne any other fpiritual perfon, nor their fer-
mors, bailiiFs, nor leflees, (hall take, receive^ or demand of any
perfon or perfons within this realm, for any perfon, or perfons
dying within the fame, any manner mortuary or corfeprefent, ne
any fum or fums of mone^) ne any other thing for the fame,
more than is hereafter mentioned ; (2) ne alfo mall convent or
call any perfon or perfons before any judge fpiritual, for the re-
covery of any fuch mortuaries or corfe prefents, or any other
thing for the lame, more than is hereafter mentioned, (3} upon
pain to forfeit for every time fo demanding, receiving, taking,
or conventing, or calling any fuch perfon or perfons lx^fore any
fpiritual judge, fo much in value as they (hsul take above the
fum limited by this aA, and over that, xl. s. to the party grieved
contrary to this aA ^ ^4) for the which forfeiture the party fo
grieved contrary to this ad, ihall have an adion of aebt, by
writ, bill, plaint, or information in any of the King's courts,
wherein no wa^ of law, eflbin, nor proteAion (hall be allowed.
III. Firft it IS ordained, eftabli(hed, and enaded. That no
manner of mortuary (hall be taken or demanded of any perfon
whatfoever he be, which at the time of his death hath in mo-
veable goods under the value of x. marks. (2} Alfo that no
mortuary (hall be given, asked, or deman4ed from henceforth
of any manner perfon, but only in fuch place where heretofore
mortuaries have been u(ed to be paid and given, and in thofe
places none otherwife but after the pite and form hereafter
mentioned. (3) Ne that any perfon pay mortuaries in more
places than on^^ that is to fay, in the plac^ of their molt dwel-
ling
' 5^9*i Anno vicefimo primo Hbkrxci VIII. i 73
ling and habitation, and there but one mortuary. (4) Nor no ,*«^ « ^
paHbn, vicar, curate, pariQi prieft, or other, ihall for any pofon thcparfon &c.
dying or dead, and bang at the time of his death of the value for sdl mor*
in moveable »K)ds of X. iqarks,or more, clearly above his debts tuaries.
paid, and under the fum of xxx. li. take for a mortuary above .
ill. s. iv. d in the whole. (5) And for a perfon dying or dead,
beins at the time of his death of the value of xxx. IL or above
clearly, above his debts paid, in moveable goods, and under the
value of xl. li. there ihall no more be taken or demanded for a
mortuaiy than vi. s. viii. d. in the whole* (6) And for any
perfon dying or dead, having at the time of nis death of the
value in moveable goods of xl. li. or above, to any fum whatfo-
ever it be, clearly above his debts paid, there (hall be no more
taken, paid, or demanded for a mortuary than x. s. in the
whole.
IV. Provided alway,That for no woman being covert baron, ^''°"*\.,.
nor child, ne for any perfon not keeping houfe, any manner ^^^q^ '
mortuary be paid, ne that any parfon, vicar, curate, .parifh pricA keepbg no
or other, ask, demand, or take for any fuch woman, child, or houfe, Biall
for any perfon not keeping houfe, dymg or dead, any manner P^X ^^ ^^^^
thing or money, by way of mortuary ; (2) ne alfo for any way- SJ^J^-ferin^
faring man, or other, that dweUeth not, ne maketh refidence in man, or that
the place where they (hall happen to die, but that the mortuairy maketh no
of fuch way-faring perfons be anfwerable in places where mor-reiideBce
tuaries be accuftomed to be paid, and in manner and form, and T^^ ^
after the rate before mentioned, and none otherwife, in the
place or places where fuch way-faring perfons at the time of
their death had their mofl habitation, houfe, and dwelling-pla-
ces, and no where elfe.'
V. Provided alway. That it (hall be lawful to all manner par- A legacy be-
fons, vicars, curates, parifh priefts, and other fpiritual perfons, queathed to a
to take and receive any manner fum of money, or other thing, P*^*^*^ ®'
which by any perfon dying (hall fortune to be difpofed, given, ^ "**•****'•
or bequeathed unto them, or any of them, or to the high altar of
the church, this ad, or any tbmg therein mentioned notwith-
flanding.
VI. And be it alfo enaded by the authority aforefaid. That Nomoituaries
no mortuaries nor corfe prefents, ne any fum or fums of money, ||^ Wales,
or other thing, for any mortuaiy or corfe prefent, fhall be de- ff"|^j^
manded, taken, received, or had in the parts of ff^aks^ nor in
the marches of the fame, nor in the towns of Cokis or Birwict^
nor in the marches of the fame^ but oidy in fuch parts and pla-
ces of WaUsj marches, and towns aforefaid, where mortuaries
have been accu(lomed to be taken and paid; (7,) and in thole
parts and places no mortuaries nor corfe prefents, ne any other
thing for mortuary or corfe prefent frpm henceforth fhall be de- .
manded, taken, received, or had, but only after the form, order,
and manner above fpecified in this prefent a£t, and none other-
wile, ne of any other perfon or perfons than is limited by this
prefent a£t^ upon the pain above contained in this prefent ad*
VII. Pro.
174 Anno riccfimo primo Henrici VIII. ['529-
Martuaricato VIL Provided alfo. That it (hall be lawful to the bifhops of
he taken by s^ngory Landaf, St. ' David" s^ and St. Afaph^ and likcwife to the
archdeacon ox Chefler^ to take fuch mortuaries of the pricfts
within their dioceies^ and jurifdiAions, as heretofore have been
accuftomed. (2) Prbvided alfo. That in fiich places where
mortuaries have been accuftomed to be taken of lefs value than
is aforefaid, that no perfon (hall be compelled to pay in any fuch
phce any other mortuary, or more for any mortuary than hath
Places where been accuftomed, ne that any mortuary in fach place (hail be
iT^^^*^* f ^^"^nded, taken, received, or had of any perfon or perfons ex-
cen o ^^p^ ^^ ^^ ^^^ ^^^ jj^ ^^y ^jj.^ contrary to this ad, upon the
pain afore limited.
CAP. VII.
Servants imbezzelUng their mafters goods to the value of
forty ftdlUngs^ or abavi^ jhali he punijhid as fehns.
the biihops
of Bangor,
St. David,
St. Afapby Sec,
In part re-
pealed by
laAnnse.
flat. %. c. 6.
lefs value.
WHERE before this time divers j as well noMemeny as other the
Kin^sfuhjeStSy have upon cmfdeme and truji deU'Oered wtta
their fervants their casketSy and other jewelsy monejy goodSy and chat^
telSyfafely to he kept to the ufe (f their find mafiers or miftreffeSy and
S Inft. f Of*
after fuch delivery the fmd fervants havewithdraztm themfetveSj and
gone away from their faid mafters or nnftrejfesy with thefaid caskets^
Jewelsy money y goodSy and chattels, or part thereof y^ to the intent tofleal
the fame y and defraud their Jaid mafters or miftrejfes thereof and
fometime being with their faid mafters or miftreJfeSy have converted
the faid jewelsy money y and other chattdSy or part thereof to their own
ufcy wfiich misbebaviour ft done was doubtful in the common hnoy
whether it were felony or not ; and by reafon thereof the forefaid
fervants have been in great boUnefs to commit fuch or like offences :
(2) be it therefore enadi:ed, ordained, and eftabli(hed by the
IGng our fovereign lord, by the aflent of the lords fpirituai and
temporal, and the commons, in this prefent pariiament af-
flisdl TO^wav *™*^'^> ^^ *^y authority of the fame. That all and Angular
with any mo- ^^^h fervants, to whom any fuch caskets, jewels, moncv, g^xls,
ney,&c.of hit or chattels, by his or their faid mafters or miftrefl^s, mall fix>ai
•"•toi to the henceforth fa be delivered to keep, that if any fuch fervant or
or abwL it*' ''^^^"^s withdraw him or them from their faid mafters and
fhtill hfMonYi ™ftreflcs« and go away with the faid caskets, jewels, money,
goods, or other chattels, or any part thereof, to the intent to
ftealthe fame, and defraud his or their .faid mafters or miftrefles
thereof, contrary to the truft and confidence to him or them put
by his or their faid mafters or miftrefs, or elfe being in the
fcrvice of his faid mafter or miftrefles, without aflent or com-
mandment of his mafters or miftrefles, he imbezzel the fame
caskets^, jewels, money, goods, or chattels, or any part thereof,
or otherwife convert the fame to his own ufe, with like purpofe
to fteal it, that if the faid caskets, jewels, money, goods, or
chattels, that any fuch fervant ftiall fo go away with, or which
he (hall imbezzd with purpofe to fteal it, as is aforefaid, be of
the value of xl. s. or above, that then the fame falfe, fraudulent,
;^id untrue aA or demeanour, from henceforth ftiall be deemed
and
1 529-J ^'^^ vicefuno primo Henrici VIII. 1^5
and adjudged felony ; and he or they fo offending, to be punifli-
ed^ as other felons be puniihod for fckmies committed, by the
courfe of the common law.
U. Provided alway. That this a£k, or any thing therein con- This ftatute
tained, ihall not in any wife extend, or be prejudicial to any ^^l not ex-
apprentice or apprentices, nor to any perfon within tide aee of ^*"*^ ^^.***
eighteen years, going away with his or their mafters goo£ or onc'wStn i?
jewels, or otherwife converting the iame to his or their own yean of age.
ufes, during the time of their apprenticefliip, or beii^ within the *7 H. s. c. 17.
age of eighteen years, but that every apprentice or apprentices, *' ^* •• ^*'
fuch penon or perfons beins within the £ud age, doing or of- feflfl.c.'iVand
fending contrary to this prefent a6t, Ihall be, and ftand in like made perpe-
cafe as they and every of them were before the making of this a A ; tual by 5 El.
( 2 ) the fame a6k to continue and endure unto the next parliament. ^- '^-
CAP. VIII.
No butcher (hall kill any calf calved between the firft day ofExp.a4H.8.
Januarj^ and the firft of May^ upon pain of forfeiture of c* 9-
vi. s. vUi. d.
CAP. 125.
Whofoever (hs^l fell any hats or caps m»de beyond the tb^ ^- > l^^ >•
a|x)vethe prices herein liaoited, Ihsul forfeit jj. s. ^* *^*
CAP. X. ^^ ^^ ^
Whofoever doth carry any brafs, Igc. to any port to be conveyed ^^[ ^' ' *
beyond the fea, (hall forfeit the fame, or the value thereof. 33 H. s. c. 7.
CAP. XL c.^/.^'^'
At vabat time refiiuuimjhallht ntade of goods fiokn.
BE it cnaftcd by this prefcnt parliament. That if any felon '^^ ^^^ ^
or felons hereafter do rob, or take :iway any money, goods, JJ^^^JJ^r ©?
or chattels, from any of the King's (ubjeAs, from their perfon ftolen goods
or otherwife, withia this realm, and thereof the faid felon or after tSe at-
felons be indited, and after arraigned of the fame felony, and ^nderoftbe
found guilty thereof, or otherwife attainted by reafon of evidence J^jftj., -,^
given by the party fo robbed, orowner of the faid money, goods, cro. El'. €As.
or chattels, or by any other by their procurement, that then Kelyng, 4S.
the party fo robbed, or owner, (hall be reftored to his faid mo-
ney, eoods, and chattels ; (2) and thgt as well the juftices of
Sol-cdiverv, as other juftices, afore whom any fqch felon or
Ions ihall be found guilty, or otherwife attainted, by reafon of
evidence given by the party fo robbed, or owner^ or by any
other by their procurement, have power, hy this prefent aS, to
award, ftt>m time to time, writs of reftitution for the faid mo-
ney, goods, an4 chattels, in like manner as though any fuch 5 Co. z 10.
felon or felons were attainted at the fuit of the ^rty m appeal*
CAP. XII.
touching making of cables^ 8<;c, in Burport.
MOST ^5, ¥i"^rr bii^fi' '*!.**¥ vS""f£' ^™-->-
and otbtr the tnhabttanU of your town and oorough ^Burport, tenance of the
within your county ^Dorfet, that where they^ out of time that no town of Bur-
a man*i
1 76 Anno vicefimo primo Henrici VIII. [ 1 529.
port, and of maifs mnd is to tbi contrary^ have ufed and exercifid to mdiej-tviiAhr
thMrf^*"^ ^^fi^y ^bem^part of all the great cables^ halfers^ ropesy and all
other tackUng^ as weUfpr your royal Jhips and navy^ as for tb^ msfi
part of all other fiips within this reabn^ by reafon whereof your fold
town was right well nuuntdmd^ and inhabit edy your htgbnefs and
yourfMeHs right well ferved^ until now of late many^ divers^ and
ewl-^Jpofed perfons^ intending the de/lnUIion ofyourfaid tawn^for
their private bure^ and advantage^ nave withdrawn themfelves sntc
the country in divers places^ there taking fermSy and ujing husbanAy out
of the find towuy andalfo daily refort to your faid town to buy, and
provide hempy and thereof make cableSy ropeSy hdferSy traceSy halter Sy
and other tackky which cables y ropes y halfersy traceSy haltersy and ether
tackUy been by the faid perfomf&ghth and deceivablf madiy by rtafofe
whereof mt only the buyers of the fame been continually thereby de-
ceivedy but alfo the prices of the faid cables^ balferSy traceSy halterSy and
other tackle thereby greatly inhcmncedy and your faid town or borougby by
means thereofy is like utterly to be decay edy ruinedy and defolatedy tf
fpeedy remedy be not by your highnefs in that cafe provided.
Hemp grow- - II. Be it Aercforc cnadted by your highnefs, by the lords
ine wi%in 5 fpiritual and temporal, and the commons, in this prefent par-
rt*ih^^* liament afiembled, and by the authority of the lame. That no
Sd tSere. manner perfon or perfons dwelling or inhabiting within the
diftance of five miles from the faid town or borough of Burporty
(hall from henceforth, fell, or caufe to be fold out of the market
holden and to be holden within the fame town or borough of
Burporty to any perfon or perfons, any hemp, which (hall hap-
pen to grow within the faid five miles in diftance from the faid
town or borough, upon pain of forfeiture of the faid hemp {o
fold, or to be fold, in any place or places within the diftance of
the faid five miles out ot the faid town, borough, or market^
contrary to the form and effedl of this ftatute.
Cables, hal- ^H. And further be it enaSed by the authority aforefiud. That
fert, and no perfon or perfons, other than luch as (hall dwdl, and be in-
tadcle of habitants within the faid town, (hall make, after the fistaft of
^^^P ^ B? ^ E^fi^ next coming, out of the faid town, any cables, halfers^
port/ ^ " ropes, traces, halters, or any other tackle made of hemp, in any
' other place or places within the faid di(hmce of five miles from
the faid town, upon pain of forfeiture of the faid cables, halfers,
ropes, traces, halters, and other tackle, made, and to be made
contrary to the form and effeA of^this ftatute ; (2) the one half
of every fuch forfeitures, as well of the hemp lo fold, or to be
fold out of the faid town, borough, and market, contrary to the
form aforefaid, as alfo the faid cables, halfers, ropes, traces,
halters, or other tackle made out of the faid town contrary to
this ftatute, to be to the ufe of our fovereign lord the King,
and the other half to him that will fue for me fame, by adtion
of debt, bill, or information, wherein neither wager of law,
eflbin, nor protection (hall be allowed.
to Pound wt» IV. Provided always, Thaf twenty pounds weight (hall be
a ftone of accounted to the ftone.
hemp. y^ p^ .
1 529 ] Anno vicefimo primo Henrici VIII. 177
. V. Provided alfo. That every pcrfon dwelling within the The worker
laid diftauice, may make cables, halfers, ropes, traces, halters, J^^^^^S it to
and othei^ tackle,' for their own ufe and occupations but in no Contbucdby
^wrife againft this ad; {2) this ad to endure to the next par- 33 H. 8. c. iu
liaunent. 37 H. 8. c. 23.
.CAR Xlli. f„?i^*'-'K-^
and again by
S^ritual ferfotis abridged fiom having pluj^alities ofti^ings^^^ Car. i. c.4.
and from taking offerms^ &c.
*K?OR thi more fuiit and virtuous increafe and maintenance of di- The feveral
Jr. vinefervicey the preaching and teaching the tvord ofGodj with !>«nefit« cnfu-
^^ and good example giving^ the better difcharge 0/ curates^ the fonMnwfof
nmmtenance of hofpitality^ the relief of poor people^ the increafe ^this ftatutc,
devotion^ ana good opinion of the lay- fee toward thefpiritualperfons : Savil. n. '
i2) Be it/ena&ed^ ordained, and eftabliflied by the King our ^'..^^r-
>vereign lord, with the aflent of the lords fpiritual and tern- jLeon^M
poral, and the commons in this prefent parliament aflembled, No fpirittna*
and by authority of the fame. That no fpiritual perfbns, fe- pe rfon i^iall
cular or regular, of what degree foever he or they be, (hall from ts^ke any land^
henceforth take to ferm to himfelf, or to any pcrfon or.perfons ^ b^J^' ,g
to his ufe, of the leafe or grant of the King our fovcreign lord, , Lutw, 134I
nor of any other perfon or perfons, by letters patents, inden-
tures, writings, by words or otherwife, by any manner of means,
any manors, lands, tenements, or other hereditam;^nts for term
of life, for term of years, or at will, (3) upon pain to forfeit
ten pounds for every month that he, or any other to his ufe,
(hail occupy any fuch ferm» by re^on of any fuch leafe or grant
hereafter to be made ; the one half of which forfeiture to be to
the King our fovereign lord, and the other half thereof to eve-
ry fuch perfon that will fue for the fame by original writ, bill,
or plaint of debt, or by any information in any of the King's
courts \ {4) in which adtion and fuit no wager of law (hall be
admitted tor tfa^ defendant, nor any eflbin or protedlion al-
lowed.
II. And be it alfo enaSed by the authority aforefaid. That The fpiritual
all and every fuch fpiritual pcrfon or perfons which now have, ^Ju"" ^r^^
or occupy m ferm, by themfelves, or by any other to their or profit out°^
ufe, any manors, lands, tenements, or hereditaments, of the offerm«(hatt
leafe, or grant of the King our fovereign lord, or any other aliene it
perfon or perfons, for term of life, or for years, or at will, by forthwith,
any writing or otherwife, or that now have any annual rents,
or other annual advaiAage, or profit, by occafion or colour of
any fuch leafe or ferm, ftiall clearly bargain, fell, give, or grant
away on this fide the feaft of St« Michael the archangel next
coming, to any fuch lay perfon or perfons, as they will at their
own nominations and appointment, all fuch leafe, term, intereft,
and prpfit, as any fuch fpiritual perfon, or any other to his ufe,
now hath or have, in or by reafon of any fuch ferm ; (2) fo Dyer, %$u
that in no wife any fuch fpiritual perfon or perfons at any time
after the fame fea(t, by themfelves^ or any other to their ufe.
Vol. IV. N by
178 Anno viccfimo prime Henrici VIIL [1529*
by any manner of means, fraud, or male engine, (hall haye,
ufe, or occupy in ferm, any manors, lands, tenements or he-
reditaments, of the demife, leafe, or grant of any perfon or
perfons heretofore made, or hereafter to be made, to them-
lelves, or to any other to their ufes ; (3) nor from the faid feaft
(hall take any annual rent, or other annual advantage or pro-
fit, by ocodion or colour of any fuch leafe or ferm by zny
%j H. 8. f. »3. nianner of means, (4) upon pain to forfeit for every month (o
occupying any fuch ferm, at any time after the faid feaft, con-
trary to this prefent ad, ten pounds, and upon pain to forfeit
ten times as much as any fuch fpiritual perfon, or any to his
ufe, (hall take in any annual rent, advantage, or profit, by oc-
cafion or colour of any fuch leafe, at any time after the faid
feaft ; the one half of which forfeitures to be to the Kin|, our
fovereign lord, and the other half to him that will fue for the
£ime by original writ, bill, or plaint of debt, or by informa-
tion in any of the King's courts ; (5} in which a^on and fuit
no wager of law (hall be admitted for* the defendant, nbr any
eflbin nor protecStion allowed.
Leafe* made HI, And be it alfo enafted, That all fuch leafes made, or
^^"'"*^ to '^^^'ft^ ^^ ^ made, unto any fuch fpiritual perfon or perfons,
odiert roOieir ^ ^^ *"y ^^^ ^^ ^^^^ ^^^ ^^^ ^^"^ ^^ '*f^> ^^""^ ^ years, or
ufe, (hall be at will, of any manors, lands, tenements, or hereditaments,
vekt whereof they, or any of them, (hall take any profit or mcd-
Kng by thcmfelves, or by any to their ufe, after the (aid feaft
of Saint Micbael^ bv colour of any fuch leafe or grant, «nd not
by them barpined, granted and fold away Ufore the faid
feaft, as is before limited, (hall from henceforth be utterly void,
and of none eflfed, as well againft the leafor or leaibrs, grantor
»id grantors^ their Iieirs and a(rigns, and againft every of thern^
as againft the lea(ee or leafees, and their executors and a(Hgns,
and every of them.
In fomc cafes IV. Provided alway. That this prefent a6k fitall not extend
a fpintuaJ per- ^^ jjjy fpiritual perfon or perfons, in and for taking to ferm any
toTfefTO the* temporalities, during the time of vacations of any arthbifliop-
temporaliUes ricks, bifhopricks, abbeys, priories, or other collegiate, ca-
ofabiOiopi thedra!,. or coventual churches, (2) nor to any fpiritual per-
^^- fon or perfons that (hall tender or make any traverfe upon any
oifices or office, concernii^ his or their freehold.
No fpiritual V. And be it alfo enaded by the authority afere(aid. That
perfon (hall BO fpiritual perfon or perfons, fecular or regular, of what c-
buy to fell a- ftatc or degree foever they be, (hall from henceforth by him-
fblndif(?!wn, ^^» ^^^ ^y ""7 °*^ ^^^ ***™> ^^^ ^ ^^ "f^» bargam and
cattle, &C. ' t>wy *o fcU ^g***^ ^or siny lucre, gain, or profit, in any mar-
kets, fairs, or other places, any manner of cattle, com, lead,
fin, hides, leather, tallow, fifh, wool, wood, or any maimer
of vifluarl or mcrchandife, what kind foever they be of, upon
jpain to forfeit treble the value of every thing, by them, or by
any to their ufe, bargained and bought to fell again, contrary
to this prefent a^i (2} and that every fuch bargain and con-
tract
1 529] Anno Ticefimo primo Henrici VIIL 179
iraA hereafter to be made by them, or by any to their ufe^
contranr to this aft, ftiall be utterly void, and of none effedl ;
( 3) and the one half of every fuch forfeiture to be to the King
our fovereign lord^ and the other half to him that will fue for
the fame by original writ of debt, bill, plaint, or information
in any of the King's courts ; in which adlion or fuit no wager
of law for the defendant ihall be admitted, nor any efToin nor
pratefiion allowed.
VI. Provided alway. That if any fuch fpiritual perfon or in wbat cafe
perfons (hall happen hereafter without fraud or covm to buy a fpiritual per«
any horfes, mares, or mules, to the only intent to occupy for^n may fell
himfelf or his fervants, to ride to and fro upon his neceflarv bu- J^Ss which
fineis, or any other catties or goods, to the only intent and pur- he^h
pofe at the buying thereof to be employed and put in and about bought.
his necefiary appsu^ of his own houfe, or of his perfon and
fervants, or in, for, and about the only occupying, manuring,
or tillage of his own glebe or demean lands annexed to his
church, or for the neceflary expences of his own houfhold^
keq>ing, and after the buying of any fuch horfes, catties, or
goods, or exuxrife of them, or any of them, happeneth to mif-
like an^ of them that they (hould not be good, profitable, nor
convenient for any of the purpofes abovefaid, for the which
they were bought ; that then every fuch fpiritual perfon or
perfons may lawfully bargain and put away fuch things fo by
him bought, without fraud or covin, for any of the purpofes
abovefaid at his pleafiire and advantage, this z&^ or any thing
therein contained notwithdanding.
VIL Provided aiwav. That all abbots, priors, abbeiles, pri- Certalii hou^
orefles, provofts, prelidents, mafters of colleges and hofpitals, ^^« of religion
and all other fpiritual governors and govemefles erf" any fpiritual mefec lands '
monafteries, or houfes of ndigion, by what name or names fo- in their
ever they be called, having manors, lands, tenements, and he- hands for the
reditaments, and other yearly profits in the right of their mo- nwintenance
naileries or bodes, of the yearly value of viii. C. marks, or houfcil!^
under, and not above, may ufe and occupy as much and as
many of their demean lands, fee-ferms, and ferms, to their
moft advantage, commodity, and profit, to and for the only
maintenance of their houlholds and hofpitalities, in as ample
and large manner as they or any of tbem^or their predecefibrs,
or the predecefturs of any of them, at any time by the fpace of
one hundred years lafl paft before the making of this a£l have
done, ufed and occupied ; any thing in this prefent ^ to the
contrary notwithfcmoing.
Villi Provided alfo. That every other fpiritual pafon orspi^tualper-
perfons, not having fnffident glebe or demean lands in their fons may take
own hands in the right of their churches, monafteries, and ^^ ^^^ ^^
houfes for pafturage of cattle, or for increafe of com, to and ^^^^**°t J^jj.
for the only expences of dieir houfholders, and for their car- houfes.
riages or joumiet, may take in ferm other lands, and buy and % BuUtr. it.
feUoomandcattle, lor the only manurance, tillaee, and paftu- S>v^^3«*
xage^of £2Chienns, (z) lb that the increafe thereof be alway em-
N 2 ployed
1 80 Anno viccfimo primo Henrici VIII. [ 1 52^
ployed and put to and for the only expenoes in their houfholds
and hofpitalities, and not in any wife to buy and fell agadn for
any other commodity, lucre, or advantage^ any com or cat-
tle, renewing, coming, or growing in and upon any fach
ferm or othcrwifc, but only the remain and overplus abov«
their expences of their houfliolds^ if any fuch (hal> hap*
pen, of the breed and increafe thereof, without fraud or co-
• vin ; any thing in this prefent a6t to the contrary hereof not*
Thepcnrfty withftanding.
Cro El 60T' ^^' A^^ ^ ^^ ^*^*^ ^ *^ authority afotrfaid. That if any
?cv* °** perfon or perfons having one benefice with cure of foul, be-
xi^itnard, ing of the yearly value of viii. pound or above, accept and take
316* any other with cure of foul, and be inftituted and kiduAed in
c ^^*^ poffeffion of the fame, that then and immediately after fuch
Juh! pofleffion had thereof, the firft benefice (hall be adjudged in the
Dyer, 137,155, law to be void.
347.35>»377- X. And that it (hall be lawful to every patron, having the
a ^'J^*\^'^* trivowfon thereof, to prefent another, and the prefentee to have
Vaughan.ifi. the benefit of the fame, in fuch like manner and form as though
» Roll, 451. ' the incumbent had <Bcd or refigned, any licence^ union, or o-
F.N.B.44H. ther difpei!^tion to the contrary hereof obtained notwithftand-
r 'id h. ^ ^^* ^^ ^^^ every fuch licence, union, or difpeniadoa
p\%7. ^^^9 ^^ hereafter to be obtained contrary to this prefent ad, of
Any'difpenfa- what name or names, quality or qualities, foever they be, (haU
tion contrary be Utterly- void, and of none effed*
I? iM' ftatute XL- And if any perfon or perfons at any time after Ac firft
Bycr, iir. ^^y oiJpril, in the year of our lord God M.D. and xxx. con^
Savil'iji;" trary to this prefent a6t, procure and obtain at the court of
«5H.8.c.if. Rime^ or elfewhere, any licence or licences, union, toleration,
^j^Ph^j^ijr ^^ difpenfation, to receive and take any mo benefices with cure
c S f!!. ^^^" *^ t^crft limited, or clfe at any time after the faid day put
%^ W* ^'^ execution any fuch licence, toleration, or dilpenfation, before
that obtained contrary to this adt, that then every fuch perfon
or perfons, fo after the faid day fuine for hhnfelf, or receiving
and taking fueh benefice by force of fuch licence or licences,
union, toleration, or difpenfation, that is to fay, the fame per-
fon 6t perfons only, and none other, Ihall for every fuch denult
incur the danger, pain, and penalty of xx.li. fterling, and alfo
h>fe the whole profits of every fuch ^6fice or benefices as he
receiveth or talceth by force of any fuch licence or licences,
union, toleration, or difpenfation i (2} the one half of which
forfeiture to^ be to the King our fovereign lord, and the
other half thereof to him that will fue for the fame by on-
^iiilal writ, bill, plaint of debt, or' information in any of the
King's courts ; (3) in which a<ftion and fuit no wager of law,
efibin, or protection for the defendant, fhall be admiued or al-
lowed.
XII. Provided always. That this ad concerning the not
keeping of rao benefices with' cure of fools than one, qactend,
ne be prejudicial to any perfon or perfons, which at any time
before the faid firft day of JpriU in tlic year of out LokA God
^S^9'l Anno vicefimo pfimo HfiNliici VIII. ili
IVf . D. and xxx. ihall be really intituled or pofleflcd of any fuch They may
benefices with cure ©f foul, as concerning or touching any of ^*^P ^***'k*^'
the bine benefices, whereof thejr OiaU then be already really in- w^rthcwf
tituled or pofiefled before the faid day, to or under the number poirelTed ann.
of four, and not above ; (2) and if any fuch fpiritu^ perfon or '53<?» except
perfons fo being iat^uleid or poifeiledtof mo benefices with cure ^^y Jl*^^ *'
of foul than four, do not by the faid firft day of Jpril clearly, *^^* ^""^^
«nd without yeariy penfion, refign, or otherwife give up all and
every fuch benefice and benefices as he (hajl be fo intituled and
poifefled of, above the faid number, that then it (hall be lawful
^r eveiy patron, paving the«advowfon of any fuch benefice,
over the number aforefaid, to prefent another, and the prefent*
tee to have the benefit of the fame, in like manner and form as
though it had been void by death, or refignation of the incum^^
bent, any licence, union, or other difpenfation to .the contrary
hereof obtained notwithftanding 5 (3) and this claufe of prefea-
tation to be taken and underftood in and of fuch ben^ces with
cure of Ibul, as were given to any fuch fpiritual peribn, after
the faid number of four benefices with cure fiirniflied and ful-
fiUed.
Xin. Provided «tfo. That all fpiritual men now being, or
which hereafter (hall be of the King's <x)unci], .may purchaffr
licence or difpenfation, and take, receive, and keep three par-r
fonag^ or benefices, with cure of foul ; (2) and fthat all other ^j^^j. .
being the King's chaplains, and not fwom of his council, the Isc^tMSo,
chaplains of £e queen, prince, or princefs, or of any of the 472'. **
King's children, brethren, fifters, uncles, or aunts, may fem- Godbolt,
blaUy purchafe licence, or difpenfation, and retain and keep ♦j'-P* 47«'53f
two parlpnages and benefices with cure of foul, ^ro-EUiA.
XIV. And in like wife, that every archbi(hop' and duke may Regift.sS.b.
have fix chaplains, whereof every one (hall and may purcha^ Who may
iiceo^ or difpenfation, and take, receive^ and keep two par- J^^^,*^^ ^ j
fonaees or benefices, with cure of fouh havc^morc
Xv» And that every marquis, and earl, may have five chap- benefices with
lains, whereof eyery one may purchafcilicence or difpenfation, cure of fouls
and take, receive, and keep two parfonages or hcnc^ces with ^^^S °"^'
cure of foul. ' »• *• «^ ■ .J Co,;.
XVI. And that every vifcount, and other bifliop, may have
four chaplains^ whereof every one may purchafe licence, and
receive, have, and keep two parfonages or benefices with cure ^ ^
of foul, as is afonefaid.
XVU. And that the chancellor of England for the time being, .
and every baron, and knight of the garter, may have three chap-
lains, whereof eyery one (hall now purchafe licence or difpen-
fation, and receive, have, and keep two parfonages or benefices
with cure of foul.
XVIII. And that every duchefs, marchionefs, countefs, and4Co-9o»ii5«
baronefs, being widows, may have two chaplains, whereof
every one of them may purchafe licence or difpenfation, to re-
ceive, have, and keep two benefices with cure of foul.
^DC. /ind th^t the trcafurer, and comptroller of the King's
J^ 3 bouff
iS2 Anno vicefimo primo H£Nkici VIII. [1529.
C0.pi.1e3. houfe, the King's fecretary, aind dean of his diapd, the King's
V'^'^y amncr, and the mafter of the rolls, may have every of them
CJo.E».7»3* 1^0 chaplains; (2) and the chief juftice (rf the King's bench
one chaplain; (3) and the warden. of the five ports for the
400.73,89, time being, one chaplain ; whereof every one may purchafe li-
i>7- cence, and receive, have^ and keep two parfonages or benefi-
ces with cure of foul.
iAnd.»oo. XX, And that the brethren and fons of all temporal lords,
which are bom in wedlock, may every of them purchafe li-
cence or difpenfation, and receive, have, and keep ai many
parfonages or benefices with cure, as the chaplains of a duke,
or an archbi(hop»
XXI, And likewife the brethren and fons bom in wedlock
of every knight, may every of them purchafe licence or dif-
penfation, and receive, take, and keep two parfonages or be-
nefices with cure of foul.
The chaplains XXIL Provided always. That the fsud chaplains fo pordiaf-
ih«ll (hew the ing, taking, receiving, and keeping benefices with cure of foul
letters of their as is afore&id, (hall ^ bound to have and exhibit, where need
lords or mal- ^all hie, letters under the fign and feal of the King, or other
^^^*' their lord and mafter, teftifyine whofe chaplains they be, and
elfe not to enjoy any fuch plurality of benefices by being fuch'
fhaplain, any thing in this z& nocwithftanding.
XXIII. Be it alfo provided. That all dodors and batchdors
of divinity, doSofs of law, and batchelors of the law canon,
and every of them which (hall be admitted to any of the faid
4egrees by any of the univerfities of this realm, and not by
grace o^y, may purchafe licence, and take, have, and keep
Doaors ind two parfonages or benefices with cure of foul ; (2) fo that al-
batchelors of ^^ys the f;^:d liberty, by any of the provifions aforefaid given
faw may by ^° ^ of tjie faid counfeUors, chaplains, and other perfons be-
ilifpeniation fore Ipecified, to purchafe licence or difpenfation, and take, re-
have two be. ceivp, apd keep more benefices than one, after the manner and
ne^ces with fpfm a^i^faid, be t^en and underftood to extend in number
No djfpcnla. ^^ '^^. ^^ benefices with cure of fouK than is above limited,
tion can li- * accounting in the fame, and as parcel thereof, fuch benefices
cence any to with cure of foul,^ as any the faid perfons (hall have in real title,
have above or in their poflelTion, at the faid firft day of Jpri/y in the year
^wobeneficcs. ^f ^^^ Lord^.D. and XXX,
XXIV. Provided alfo. That every archbi(hop, becaufe he
• muft occupy eight chaplains at confecradons ot bifiiopSt and
eyery bi(hop, becaufe he pnud occupy fix chaplains at giving
Every archbi- of orders, and confecration of churches, may every of them
ftiop may have have two chaplains over and above the number above limited
VA^} «!!!i^-„- "'^^o them, whereof eyery one may purchafe licence and dif-
ry bifliop pcnution, and take, receive, and keep as m^ny parfonages and
tour. benefices, with cure of foul, sts is before affigned to fuch
chaplains.
XXV. Provided alfo, and be it enaded by authority afore-
faid, That no perfon or perfons, to whom any number of
chaplains, or any pbapiain, by any of the proViuons aforefaid
is
M52g.} Anno viccfimo primo Henrici VIII. 1 83
is limitedf (hall in any mk, by colour of any of the fame pro- Advancement
vifions, advance any fpiritual perfon or perfons, above the ^ ™^f* ^^'
xiumber to them appointed, to receive or keep any mo bene- apTOint^ed by
iiccs with cure of foul^ than is above limited by this a<ft, any thSaa.
Yhing fpecified in the fafd provifions notwithftanding ; (2) and Savil»7^,ioi.
if they do, then every fuch fpiritual perfon and peribns, foad-^P^'^-S'S-
vanced above the faid number, to incur the pain and penalty 1^?!^'^'^^*'
contained in this a<i^.
XXVI. Be it alfo further enaded by the authority aforefiiid.
That as well every fpiritual perfon now being promoted to any
archdeaconry, deanry, or dignity in any monaftery, or cathe-
dral church, or other church, conventual or collegiate, ' orjvfoorc40.pl.
being beneficed with any parfonage or vicarage, as all and 71 z.
every fpiritual perfon and perfons, which hereafter (tail be Moor,54».pl.
promoted to any of the faid dignities or benefices, with any par- 7»9'
fonage or vicarage, fi-om the feaft.of St. Muhael the archangel f*"'^
next coming, (hall be perfonajlv refidcnt, and abiding in, at, Savil,n4,i35.
and upon his iaid dignity, prebend, or benefice, or at one * ^olU 90.
of them at the Icaft; (2) and in cafe that any fuch fpiritual ^.^'^^ ^*" ***
perfon^ at any time after the faid feaft, keep not refidence at rScra'^ni
one of his faid dignities, prebends, or benefices, as is afore- the penalty
faid, but abfent himfelf wilfully by the fpace of one month thereof,
together, or by the fpace of two months, to be accounted at^r^'^^*59o»
fevenJ times in any one year, and make his refidence and Cro 'car. t4(
abiding in any other places by fuch time, that then he Ihall for- 6 Co. »i.'
feit for every fuch default x.li. fterling; the one half thereof fLutvui^l^
to the King our ibvereign lord, and the other half of the iame
to the party that will fue for the fame in any of the King's
courts by original writ of debt, bill, plaint, or information ^
in which adtion and fuit the defendant (hall not wage his law,
nor have any efibin nor protection allowed.
XXVII. And if any perfon or perfons procure or obtain at The penalty
the court of Romcy or elfewhere, any manner of licence or dif- for procuring
penfation to be non-refident at their faid dignities, prebend, Jjonl^tolle
or benefices, contrary to this a(5V, that then every fuch perfon non refident.
or perfons putting in execution any fuch difpenfation or licence
for himfelf, from the faid firft day of JprU^ in the year of our
Lord God M. D. and xxx. (hail run and incur in the penalty,
damage, and pain of xx. li. fterling for every time fo doing, to
be forfeited and recovered as is aboveiaid, and fuch licence or
difpen&tion fo procured, or to be put in execution, to be void
and of none efftdl.
XXVIII. Provided alway. That this a<a of non-refidencejiH,^.^.,!^,
Ihall not in any wife extend, ne be prejudicial to any fuch fpi- Wbatrpiritua]
ritual perfon as (hall chance to be in the King*s fervice beyond perfons may
the fea,' nor to any perfon or perfons going to any P>'grin»agc ©f refidclf?*^
or holy place beyond the fea, during the time that they (hall fo and by what
be in the King's fervice, or in their pilgrimages going and re- means,
turning home ; (2) nor to any fcholar or fcholars being convcr- »5 H.S c.i6.
fant and abiding for (tudy, without fraud or covin, at any uni- 3S H.«.c.2S.
vcrfity within this realm, or without; (3) nor to any of the
N 4 chap-
1 84 Anno viccGmo primo Henrici VIIL [1529-
chaplains of the King^s or Queen's, daily or quarterly attend-
ing and abiding in the King's or Queen's moil honounblehoufr
holds I (4) nor to any of the chaplains of the prince or prihcefs^
pr any of the King's or Queen's children, brethren, or fifters
attending daily in their honourable houfholds, during fo long
as they mall attend in any of their laid houfholds ; (5} nor to
any chaplain of any archbi(hop or bilhop, or of any fpiritaal
or temporal lords of the parliament, daily attending, abiding^
ind remaining in any of their honourable houfliolds ; (6) nor
^o any chaplain of any duchefs, marquefs, countefs, vifcoun:^
tefs, or baronefs, attending daily, and abiding in any of their
honourable houfholds ; (7; nor to any chaplain of the lore)
chancellor or treafurer of England^ the king's chamberlain, or
fteward of his houfliold for the time being, the treafurer and
comptroller of the King's moft honourable houfliold for the
time being, attending daily in any of their honourable houf-
8cr i^H'Sc. holds ; (8) nor to any chaplain of apy of the knights of the
16. ai to the honourable order of the garter, or of tne chief juftice of the
iSw or of ^^"g'5 htnch^ warden of the ports, or alfo of the matter of
the attorney the rolls ; nor to any chaplain ot the King's fecretary, and dean
or ioHcitor ge- of the chapel, amner for the time being, daily attending and
neral ; and iS dwelling in any their houQiolds, during the time that any fuch
fa ^as tV the chaplain or chaplains fliall abide and dwell, without firaud or co-
ftudcrtts in ci- vin, in any of the faid honourable houiholds ; (9) nor to the
ther univerfi- mafler of the rolls, or dean of the arches, nor to any chancellor
ty i and 33 or commiffary of any archbifhop or biftiop ; nor to as many of
chaplains oV° the twelve mailers of the chancery, and twelve advocates of
the officers of ^^^ arches, as be, or hereafter fliall be fpiritual men, during
the duchy of fo long time as they fliall occupy their faid rooms and offices i
]Lancaftcr,&c. jTiq) j^or to any fiich fpiritual perfons as fliaU happen by in-
jundtion of the lord chancellor, or the King's council, to bo
bound to any daily appearance smd attendance to anfwer to the
law, during' the timeof fuch injundion.
The Kwg's XXIX. Provided alfo, That it (ball be lawful to every fpi-
li^ence ot ritual perfpn or per(pi>s, bein^ chaplains to the King our fo^
non-rcfidencc. vereigA lord, to whom it Oiall pleaft his highnefs to give any
benences or promotions fpiritual, to what number foever it be,
%o accept and take the fame, without incurring the danger, pe-
nalty, and forfeiture in this eftatute comprifed ; {%) and that al^
fo it fliall be lawful to the King's highnefs, to give licence to
^very of hi^ own chaplains for non-rcfidence upon their bene^
iices, any thing in this prefent aft contained to the cwitrary
iiot>*ithltandin^. *
Ko fpiritual XXX. And be it further enaSed by the authority aforefaid,
ocrfort belie- That no fpiritual pierfon, fecular or regular, beneficea with cure,
^^ ^'^*| as is afore rehearfed, from the feaft of St, Michail the archan-
take in ferm 8«' "^xt coming, by authority of any manner licence, difpenfa-
any parfon- tion, or othcrwife, fliall take any particular ftipend or falary
fonagc or vi- to fing for any foul, nor have nor occupy by • himfelf or by
caraijc. ^^y ^fh^r to his iifc/any parfonage or vicarage in ferm, of the
Icafe or grant of any pcrfop or pcrfonj, nor take any profit or
rent
1 5^9*1 Anno viccfimo primo Henrici VIII. 1 85
rent out of any fuch fertn, (2) upon pain to forfeit xl. s. for
every fuch week that he, or any to his ufe, (hall occupy or have
any fuch ftipend or ferm contrary to this prefent ad, and upon
pain to lofe ten times the value of fuch profit or rent as he (hall
take out of any fuch ferm after the faid fead ; (3) the one half
of fuch forfeitures to be to the King our fovereign lord, and the
other moiety to him that will fue for the fame by original writ,
bill, plaint of debt, or by information in any of the King's
courts, in which fuit and adtion no wager of law (hall be ad-
mitted for the defendant, nor any eBbin nor protection al-
lowed.
XXXL Provided alway. That no dcanry, archdeaconry, promotion*
£hancellor(hip, treafurer(hip, chanter(hip, or prebend in any not account-
cathedral or collegiate church, nor parfonage that hath a vicar *4 ^cncficcs
indued, nor any benefice perpetually appropriate, be taken or Ti^f^^^'
comprehended under the name of benefice, having cure of foul ''^^'
in anv article afore fpecified.
XaXIL Provided alfo, and be it enaded by the authority j^q l^iritual
aforeiaid. That no fpiritual perfon or perfons, regular or fecu- perfon fliali
Jar, of what eftate, degree or condition focvcr he or they be, keep a un-
from the firft day of April next coming, have, ufe, or keep by i?^^?^^
him or thcm/clves, or by .any perfon or perfons to his or their
ufe or commoditjr, any manner of tan-houfe or tan-houfes, to'
bt ufed or occupied to his or their own ufe, commodity, or
behoof ; ( 2) nor from the faid firft day of April next coming, fliall
have, ufe, or keep any manner of brew-houfe or brew-houfes, to
any other ufe, intent, or behoof, than only to be fpent and
occupied in his or their own houfes, (3) upon pain to forfeit
for every month fo nfing and occupying any of the faid myfte*
ries or occupations, x. lu (4) The one moiety thereof to the
JCing our fovereign lord, and the other moiety to him that will
fue for the fame, by original writ, bill, plaint of debt, or in-
^rmation in any of^the Sling's courts, in which adion and fuit
no wager of law (hall be admitted for the defendant, ne any
eflbin nor protedion allowed.
XXXIII. Provided always. That every duchefs, marquefs, ThecfiaplaiiM
countcfs, baronefs, widows, which have taken, or that here- ^ ducheft,
after (hall take any husbands under the degree of a baron, may h^^^^^Jj^
take fuch number of chaplains, as is above limited to them husbaiuls.
^cing widows ; and that every fuch chaplain mav purchafe li-
cence to have and take fuch number of benences with cure
of foul, and have like liberty of non-refidence, in manner and
form as they mieht have done, if their faid ladies and miftrefies
had kept themielves widows ; any thing in this prefent ad con-
lained to the contrary notwithftanding.
XXXIV. Provided always. That every fpiritual perfon or Spiritual por-
pcrlbns having laods, tenements, or other po(re(nons in the ^o"* ?«*y Jt«P
right of their houfes, ^bove the yearly value of eight hundred [jj^irown**
marks, may keep and retain in their occupation and manu- ],nd to main-
ranee, as much of their faid lands and tenements, and other tain their
po(rc(fions, ^s flxall l^e necefTary and fufficjent for pafturage ^oufcs.
' ' * ' " 'of
A Spiritual
perton may
take a dwell*
in^ baufe
with an or-
chard or gar-
den for hu
dwelling.
Gi>!dsb.t69.
pl.190.
3Cro.590.
Rep.a8H.8.c.
4*
I3C0.6.
1 Roll, 44J.
w
186 Anno vicefimo primo Henrici VIII. [1529.
of their cattle, and for tillage of com, to be employed and
fpent for the only maintenance, fuftentation, and keeping of
his or their houiholds, and hofpitalities without firaud or covin,
any thing in this preient a<5t to xht contrary thereof notwith-
(landing.
XXXV. Provided alway. That it may be lavful to every
fpiritual perfon or perfons to take in £erm any ineflks,i&ftiifions»
or dwelling-houfes, having but only orchards or gardens, in
any city, boroagh, and town, for their own habitation or
. dwelling, any tlmig in this z6t to the contrary notwithftand-
ing; (2) fo that no perfon fpiritual, other than be above pro^
vided for, for their non-rcfidencc, have any liberty of non-re-
fidence by colour of this provilb. Enforctd ^ 25 if. i. ^. 21.
which is revividby 1 Eli%. c. i.
CAP. XIV.
Of what length and breadth every whole piece and half piece
of do\^Ias and lockeram, brought into this realm, ihall be.
CAP. XV.
Fertnors Jhall enjoy their leafes againft recoveries by fagnti
titles^ ^c.
HERE afore this time divers per fins have made bafis of their
manor Sy lands j tAiementSj and other hereditaments^ fometime
by their indentures and fmetime without writings j to other perfons
for term of year s^ taking of them great fines for the incomes of the
fame leafes \ and after the fame l^fors, their heirs y or affignSy have
caufed and fufferei recoveries to he had againft them in the court of
our foveretgn lord the Kingy and in other lords courtSy upon feigned
and untrue titles y by craft or covin to put the fame termers from their
3Biilft.a4s, faid terms \ (%) and after fuch recoveries hady the fame recovereeSy
*+S. by reafon of fuch recoveries and judgmentSy have entered into the fame
manor Sy landsy tenement Sy and other hereditaments fi toferm letteny
and thereof have expuSfed the faid fermersy contrary to their faid leaf
esy covenantSy and agreements ; (3) and becaufe it was doubted to
• fome perfonSy whether the faid termers might falfify fush recovericsy
or not :
II. Be it therefore ena6lcd by the King our fovcreign lord, by
the aflfent of the lords fpiritual and temporal, and the com-
nK>ns in this prefent parliament aflembled, and by the autho-
rity of the fame. That all fuch termers, (hall and may £diif/
for his term only fuch recoveries, as well heretofore had, as
hereafter to be had, in fuch wife and form as a tenant of a
freehold (hall and may do by the courfe of the common law,
where fuch tenant of freehola was neither privy nor party to the
fame recovery.
III. And that die fame termers, their executors and afligos,
notwithftandinR fuch recoveries fo had, (hall retain, hold, and
enjoy their faid terms, according to their faid leafes agaixift all
fuch recoverees, their heirs, and affigns, as they mould or
might h^ye done againft the faid UQbvh \£ fuch recovery had
not
11 Co.si*
2 Leoii.65.
Tenant for
terra of years
may falmy a
feigned reco-
very had a-
gainft him in
the re%*erfion.
6 Ed.i.ilat.i.
C.ll.
^ 5^9*] Anno vicefimo primo H£NRICJ VIII. 187
not been had ne fuffered; and that, the fiiid recovorers, theif
heirs, and affigns, after fuch recov^ fo had, (2) (hall have The remedy
like remedy againil the faid termers, their executors, or af- of the recover
figns, by avowry or aAion of debt, for the rents and for- J«" *S?"^
vices refcrved upon the fame Icafes, being due after the fame y^^f^rent
recoveries; (3) and alfo like aiftions againit them for wafteorwafte.
done, after the fame recoveries fo had; in like manner and
form, as the faid leafors ihould Or might have had, if the fame
recoveries had never been had.
IV. And alfo be it further enadted by the authority aforefaid, Noftatuteor
That no manner of ftatute of the ftaple, ftatute merchant, nor cxecution bv
execution by £//?//, be hereafter avoided, or in any wife made ^^^Sed b*
fruftrate, by means of any fuch feigned recovery ; (2) but that f^g^ed rio-
all perfons having any lands, tenements, or other beredita"^ very,
ixients in execution, or being intituled, to have execution of any
manors, lands, or tenements by any fuch means, (hall have
by force of this ftatute like remeay to avoid and falfiiy the fame Co. Lit. 104.6.
recoveries, as before is ordained and provided for the leafe for P>got»R«c- ««»
term of years. «9,3o,s«.
CAP. XVL
Touching artificers ftrangerSy what tbtf tnay do as concern*
ing regaining apprentices^ journeymen^ &c.
PR AYEN the commms in this prefent parliament aJfenMei^ That No ftranpr
where in the xv. daj o/Fchrum^ in the xx. year of the reign JJ!-??''!? "*'
of our now moft gracious fovereigrt lord the Kingy Henry the Eighth^ any^cuJ^Vp-
dy our faid fovereign bra the Kingy his moft honourable councilin his thcr place,
Jfar-chamber at Wcftminfter, for the common wealth of his^'natund fl»all Keep in
fubjeSls bom within this his realm^ ' by great and deliberate advice it ^" *^*^ ^^^
was deemedy adjudged^ and decreedy 7%at noftranger artificer y bom jJ^J^^ ^'"
out ofourfaidjivereign lord his obeifanccy inhabiting within any «- Rep.sBl.c.4.
/y, boroughy or any other place within this his realm ^England, Hutt.131.
from henceforth Jbould keep in his or their hmfe or houfeSy any manner
cfftrangers fervants bom out of his obeifancey but only two fervants
fi ranger Sy and no more at one time.
II . jhd alfo all andfingular grangers that then wercy or after the Aliens houfe-
making of the faid decree Jhould be made denizens y that at the time ^^f"ch
or after the making thereof would inhabit within the city ^London, charges as the
fuburbsy or within two miles compafs ofthefanuy and keep or would Ym^% Tub-
keep houfeSy or occupy their crafty Jbould be contributories to and with j«^s <lo-
cur faid firuereign hrdhisfubjeH artificers within the faid city of Lon-'
don, pqyingy bearing y and fujldning fuch charges as bereafier JbaU
be expreffedy that is to fay y that all other Arm^erSy artificer Sydeni^
zens or no denizensy^ of every handicraft or ntjfteryy tUbabiting as
well within the city ^London, as in any other cityy towuy boroughy
or village within this his realnSy Jbould payy beary and fufiain all
fuch aAd like charges y as our faid fovereign lord his fuhje&s of like
craft and mjjtery do always uje to pay.
III. And if any of them refufedy or denied thejanuy or any part u&isH.s.
thereof y then he or thy fo denftngy or refiifingfo to doy Jbould not c-*«
a^yhr*g€r occupy ary har.d: craft yUpon the fainSydamages^c^d perils fpe- f.,,'.''^''"
afisdy
j8S Anno viccfimo primo Henrici VIIL [1529.
eified^ as v)itt in the aSfs drjlatutes made in the xiv. and xv. y^ors
of the reign of our nowfovereign lord^ as in one ftatjUe modi in the
Jirjlyear'of the reign of King Richard the Third.
IV. And that the Jame JfrangerSj denizens or no denizens^ houf-
holders f which would remain and abide within our faidfovereign lord
his realnty Jbovid upon lawful warning to them given^ by the mafters
and wardens of£vers andfundry myfteriesy mentioned Qndfpeci£id in
' thefaid decree; within thefaid cities and^townSy prefent tbemfeeves in
AlleRsfliadlbe the common-hidl or meeting-place ofthefaid crafts^ and there to re-
fwoni to be ceivOy and take their oathy and befworn upon the holy evangelifisj be-
iSnff^^to obcy/^^ *i# majler and wardens of their faid crafty to be faithful and true
him and his ^* '** ^^^i ^^^ fovereign krdy and his heirs^ Kings of England,
laws. and to be obedient to him and them^. and his and their laws.
V. Alfo that no flranger^ artijicory or handicraftfrnan^ born out
. of our /aid fovereign lord his obeifancey -not being denizen^ which was
not a houjholder the fifteenth day of February dbovefaid^ fhould not
fet up ne keep any houfe^ /hop or Jhops^ or chamber^ wherein they
fhould exercife or occupy any handicraft or myftery within this our
feud fovereign lord his realmy upon pain to incur and run into fuch
penalties as be contained in the flatuies before this time made and en^
adtedy as is aforefaid.
Aliens (hall VI, And that none of the faidjirangers artificers^ or handicraftf^
n(»taflemble meny bom out of our faid fovereign lord his obeifancoy as well deni-
ticleATb^'ia ' ^''^^ ^^ ^^ dtmzenSy fl)OuU qffemble in any tompanyy feUowJhipy con^
tbebrballs. gf'^^tiony or eonventicky but only in the common-haU of their araftSy
I R.3.C9. with our faid fovereign lord hisfubje^s which be of the companies of
theif^ faid craft or craftSy atfuch time as they Jhoula be commanded and
warned by the faid majiers and wardens of their faid craft or crcftSy
and at none other place and timcy or in atrf other manner y upon the pain
afore expreffed: as by the faid decree Jhewed and exen^Ufiedy and
hereunto annexedy under our faid fovereign lord the King his great
' fealy more plainfyy and at large y it may and doth appear.
Thefore&id VIL That tor the common wealth abovefaid, it may be en-
b^^r ?**d* *^®^ ^^ ** ^^2 ^^ fovereign lord, the lords fpiritual and
in th/ftar-* temporal, and the commons in this prerent parliament afTcmbr
cjiamber con- led, an4 by the authority of the fame. That the faid order and
trmed. decree, had, given, ana made by cur faid fovereign lord the
King his moft honourable council, and all and every thing
therein contained, fpecified, and declared, be holden and ob*
ferved firm and ftable, and duly to be put in execution in eve-
ry point and article, in manner and form as is above rehearfed,
according to the purport, eflfeA, and true meaning of the fame.
The ftatute VlII. Be it furthermore enaded by the authority aforefaid,
made 14 & IS That the aft made in the parliament begun at London the fif-
touching teenth day of Aprily in the fourteenth year of the reign of our
ftrangere ar- ^^i^ fovereign lord the King that now is, and from London ad-
tificert taking joumed to fFdlminJler the laft day of Jufyy in the fifteenth year
of appmn- of the reign of our faid fovereign Jordj concerning Grangers ar-
perpc^t* tificcrs, for the taking of apprentices, jqumcymen, and cove-
^ ^ *• nant fervanis, and every article and provifion contained in the
fame aA, (hall \fi frpqi henpefprtji put ii^ due ^ecution, ac-:
cording
1529*1 Anno vicefimo prime Hbnrici VIIL 189
cording to the true intent, meaning, and purport of the iame,
as well within the city oiLondm^ as in all other cities, bo-
roughs, and towns corporate within this realm, and the fame
to endure perpetually, any thing contained in the &iid a£t orde«
cree to the contrary notwithftanding.
IX. Provided always. That no artificer, alien or ftranger. No alien dwd«
bom out of the King's obeilance, bdng a houfliolder, or in* ling in Ox-
habiting within any of the univerfities of Oxford and Cambridgiy ^^^* ^*"*-
or within the fandhiary of St Atortin U Grande within the city oJ^gt^Mar-
of London^ (hall from henceforth have or retain in their fervice tins fliall have
journeymen or apprentices, ibeiog aliens or ftrangers bom, a- above x. po--
above the number of ten perfons at one time, upon pain of the !^"'|^^?' ^
penalty contained in the faid a6t, made in the laid fourteenth and ^ g^%
fifteenth ytst of our faid fovereign lord ; the provifions contain- ^ * '
ed or fpecified in the fame adl notwith(famding«
The decree made in the ftar-chamber for artificers ftrangers^
by the King^s moft honourable council^ the twentieth day
of February, in the twentieth year of the reign of our
fovereign lord King Henry the Eighth.
X.TTENRICUS Odavus Dei gratia Anglix & Pranciae Rex fidei dtfen-
XjL ror» Sc Dominus Hibernix : omnibus ad quos pndentet Htent '
penrenerint, falutem. Infpeximus quoddam breve noflrum, de certio«
rand* ThomaB Eliot clerico confilii noftri dired. ic in filaciit cancellar.
softrae reiiden. in h»c verba : dilefto iibi Thomz Eliot armij^ero, de-
rtco coniiHi noftri, falutem. Volentes certis de caufis certioran fuper te<-
nore cujaidam finalit decreti coram nobis & confilio noihx> babit. de 8c
Xuper executione quorundam ftatutorum & ordinationam contra^alieni-
fea' exercentes artes & artificia manualia, inhabitantes infra reenum no*
rum AnglisB edit. & provif. tibi prtecipimus, quod tenorem finaSs decreti
prxdifl* cum omnibus eum tangentibus nobis in cancellar. noftram Tub
ngillo tuo diftinAe & aperte, fine dilatione, mittas, & hoc breve. Telle
jneipfi) apud Weftmonadl. xiv. die Aprilia, axmo regni noiiri zx. (i) In-
ibexinitit etiam quoddam decretum per nos & confilium noftrum apud
Weftmonaft. in Camera ftcllata redditum> & in filaciis ejuidem canceUar.
fimiliter refiden* in hxc verba.
XI' ' W/^^^^ ^f ^^^^ o^i* ^^^ ^^^ faithful (ubjedb, jidficers, IliefaMlka*
< y V and handicraftfinen, bom under our obdflnce, in« tion aivfcnia-
* habiting within our city of LondoHy and the fuburbsof thefame, plaint made
* exhibited unto us a lamenuble bill of complaint, containing, of Lo^on*to
< That notwithftanding many good and neceffiury ftatutes and the King, of
* ads of parliament have been publi(hed, ordained, and made, feveralwrongs
< and efpecially one in the arft year of King Richard the Third, "^d oDpref-
* and the other being made in thefirftyear of the reign of our ^^°^"^ ^
* deareft father of noble memory, Henry the Seventh, late King ftrangen
' of thi» our realm, and in the fourteenth and fifteenth year bom.
* c^our reign, concerning the ftrangers artificers and handicraftf«
< men, bomout of our eteifance, ufing and exercifing handicrafts
' within this our realm of England^ as well for the reftraining
* of the excelfive number and unreafonable behaviour of the fame
< ftrangers artificers bom^ out of our obeifance, which continual
^ refbn and repair into this our faid realm daily increafed, to the
* great
X90
The ittanHbId
and ftveril^
i/vrongt which
ftran^errdo
to this whole
realm, and to
many mem*
bcrrthercdf.
Anno viccfimo primo Hbnrici VIIL [ 1 529.
mst detriment of our own natural fiibjeds, artificers of the
n|ri€ handicrafts and myfteries, and of other fundry incon-
veniences, hy occafion that divers of the faid fubje6ls, for lack
cif occapaition, hll into idlenefs, as alfo for the refermatoon of
fundry deceits and falfehoods pra^fedby the faid ftran|ers arti-
fioen in their faid handicrafts, to the great damage and lofs of
us, and of all our faid natural fulMe6ls : (2) The faid ftnngcrs
artifioers nothing pondering or dreading the fiud ftatutes, ne
the penalties in the fame contained and exprefled, ceafe not con-
temptuoufly, as well to abufe the laid ftatutes, as moft part
intirely to infringe and break the £ime, and to accumulate frocn
time to time more offences and enormities, as weU againft ouv
prerogative, as to the detriment of the common wealth of this
our lealm, and our loving fubjeds of the fame; (3) for when any
fearch (hall be made in every handicraft within any city, town,
orboroueh corporate within our faid realm, by our fubjedts the
iaid waroens, and others ordained by the faid laft a/£t of handi-
craftfraen within any city, town, or borough corporate, and
one houfholder ftrangtr bom out of our obeifance^ inhabit-
ing within our faid city, town, or borough corporate, ufing
any handicraft, be -he denizen or not denizen; the faid ftranger
being, a houlholder, as before is faid, bein|; lawfully warned
and required thereunto, according to the faid a6b, either will
refiife to do his chity therein, or elfe he will ghre fecret warning
thereof to his bretnren of the (aid crafts, whereby they have
not only conveyed and hid all their unlawful, luitrue, fubtil,
and deceitful wares, which they untruly, fubtilly, unfubftan*
tjally, and deoekftdiy have made, and daily make, and utter to
our lubjeAs at exceffive and unreafonable prices, to the great
detriment and damages of our faid fubjeAs ; but alfo their fer^
vants and apprentices they have hid from the knowledge of the
fiud wardens, when any fuch fearch hath happened to be made,
and fo they defraud thelame good and honourable ftatute and a6t j
fo that thereof no lawftil punifiunent could, can, might, or may
enfut, according to the tenor, purport, and efFe<5t of the faid
;ftatat|^ (4) but they contemn, ddpife, and fet at nought the
iame, whereby, and by the other unlawful means aforefaid, and
others, as fiibtillv fending and conveying over the fea, bacon,
cfaMfe, powdefea beef, mutton, and other commocBties within
this our reahn, not-only within, and but of the faid cities, towns,
and boroughs corporate, but aUb i/rif(bin, and out of other places
throughout our realm, by them the faid ftnngors pradifod and
execiMd, whereby they daily increafe in great riches, and in
great multitude in numbers of ftrangers handicraftfmen bom
out of our obelfrnce ; (5) and when they have gathered much
riches and money, they againft our laws convey the fame money
over the fea ; ana then they alfo m over the fea into their coun-
tries, and there purchafe uiem Umds and tenements with part
thereof, and with the refidue of the fame they live thereby, and
fometime they convert part thereof to the ufe of our enemies
in thofe parts ; (6) and fo as well our poor fubje^ conlwainers,
(and
J 529.] Anno vicelyno prinu> Henrici VIIL 191
* and alfo our fubjcds handicmftfinen, bom within our obei-
' fance^ by the means aibrefaid, be ft»]e impoveriihed, mimOi-
' ed, and almoft utterly decayed and deftroyed, and auny of
^ theii}, for lack of occupation in the faid handicrafts, be con^
' drained to live in idlenefs, by occafion whereof they do coati*
* nually fall to theft, murder, and other great ofiences, and con^
* fequently in great numbers be put to death by our laws, as we
< be informed ; ( y ) and alfo the great fcarcity of grain and vidhial
* at this prefent time' throughout this our realm, to be the more
*• enforced and caufed, by reatbn of the gres^ multitude, and con-
' tinual recourfe of tbefaid ftrangers handicraftfmen, which con^
^ fume a great portion of corn and vi^al, grown and bred with-
^ in this our realm; (8) the premifles confidered, to the intent to
* be thereof more per£B<kly and truly inflruded^ for the charitable
^ zeal that we have to the common weal of our realm, and our
^ faid fubjeSs of the fame, and for the quietnefs of the faid ftnuv-
' gers, we have affigned, and given in commandment to our
' lords, and others of our council, indifferently to examine the
' premifles, and as well to hear the faid complainants as the faid
* defendants, and thdr allegations and fayings of, in, and to the
^ premifles, and to every part thereof, and the fame by them
* heard, examined, and by good deliberate advice underflx>od,
* to ordain, adjudge, and decree the fame, after their wifdoms and "^
* learning ; whereujpon as well the faid bill of ccHnplaint, the an-
* fwer of the £ud defendants thereunto made, the replication of the
^ iaid complainants to the* faid anfwer alfo nuide, and all other
* alleeations and iayings of both the faid parties, b]r mature and
< deliberate advice, by om: faid council ripdy examined, heard,
^ and underftood : i
XII. ' It is ordained, adjudged, anddecreed, the x Aw February^ The decree
^ in this nrefent term of St. HiUary ; in the xx. year of our re^, made by the '
* in our ftar-^faamber, by the moft reverend father in God Thomas lord* ^ the
* lord cardinal legate di latin oHht apoftolid^ fee, archbi(hop ^|^'*lj[^^"
* of Yorky primate and chancellor of England j and by our nobles chamber,
*• and othars of our faid council, and by the mutual aflbnts of touching
' tiie complainants and d^endants then there being, yi man-fl»ng«rsar*
* ner and form following;. that is to fiqr. That acoordine tt)^^^
* the aA (^parliament made in the faid xiv. and xv, year of our artificer ftalt
^ reigp. That no ftranger artificer bom out of our obeifance, keep in his
< inhabiting within any dty, town, or boroiigh» or any other houfe bat two
« place within this our reaun of England^ from thenceforth (hall Grangers
* keep in his or their houfe or houfes, any manner of fervants ^™'
^ ibangers bom out of our obeiiaace, but only two ftrangers
< iervants, and no more at one time; (a) and fliat as m«oy<»the
^ ftrangers artificers now inhabiting within any city, town, or
^ borough corporate, or in aay other place within our realm, that
^ will be apprentices or fervants to or with any of our fubjedts
^ artificers bom within our obeifance, exercifing new or old ftuff,
< inhabiting within our re^lm, ftiall be fuffered fo to abide and
^ dwell with them without interruption, as long as they wUl
^ ib continue and abide with them, and can agree together.
XIII. « And
Stningen ar-
tificers mav
take Enfflidi-
men to be
their appren-
tices.
5 EKc^..
What charges
ftrangers (hall
be contribu •
tory unto with
the Engtiih
mrtificers.'
Anno vicefimo primo Henrici VIII. [ 1 529.
XIII. * And %themore it is decreed^ That it (hall be lawful
to all and evety of the (aid ftrangers artificers, now bdng houf-
holders within our faid realm, to take as many of our (ubjeds
bom within our obeifance to be their fervants and apprentices,
in* the craft that they do«xcrcife, as they can lawfully get ; and
that all the ftrangers artificers, now being houiholders within
our faid city of LtmdoHy fuburbs, parifhes, or compafs thereof
exprefled in the faid ftatutes, or within ^wo miles compafs of
the faid pariflies ;
'XIV. < And alfo all and fingular ftrangers that now be, of
hereafter (hall be made denizens, that do or hereafter will in-
habit within our faid city of London^ fuburbs, or pari(he$ stfbre-
faid, or within two miles compafs of thefanie,and keep houfes,
and occupy their craft ; (hall be contributory to and with our fub-
^ je6ts artificers within our city of London^ Paying, bearing, and
' fufbining fuch charges as hereafter (hall be exprefled ; Uiat is
to£iy,as well every ot the faid ftrangers, being of the craft and
myftery of cordwamers, hou(holders, or denizens that now be,
or hereafter (hall be made denizens, and (hall inhabit within
our faid city, fuburbs, pari(hes, or two miles compafs of the
fame, (hall quarterly pay to the faid mafter, wardens, and com-
monalty of the (aid craft of cordwainers within our did city
oi London for the time being, vi. d. (2) And every fervant
(hunger of the faid occupation of the faia cordwainers withiil
the faid city, fuburbs, and precindt, not being denizen, (hall
quarterly pay to the faid mafters, wardens, and commonalty,
iii. d. (3) And that all other (farangers artificers and denizens
of every handicraft and myftery, inhabiting as well within ouf
faid city of London^ as in any other city orkown within this our
realm, (hall pay, bear, and fuftain all fucn and like charges as
our fubjedls of like craft and myftery bom out of our obeifance;
inhabitmg within the cUy, borougti, or town of their habka*
tion, at this time do now bear and fuftain.
XV. < And alfo all ftrangers artificers, and denieens, exer-
dfit^g the craft and myftery of cordwainers, dwdling out of our
faid city of London^ in any other city or town within this our
realm, (hafU pay, bear, and fuftain, fcot, taxes, tallages, fubfi-
dies, prefts, and all other reaibnable exadions firom time to time,
acooniing as the faid mafters, wardens, and companies of the
faid crafts for the time bein^, (hall be bounden to pay, bear,
and fuftain, when any fubfidy, tax, tallage, or preft, or other
reafonable charges (hall by the mayor and aldermen of our Cud
city of I^ondon, and the mayors and ald^kinen of our faid other
cities, and towns, or by the common coutKil cS the faid city,
cities, and towns, of and foranycharges or payments of money,
to be paid by the companies of the faid crafts, citizens of
any city, for any payment to be made unto the King's high-
nelt, or his heirs, or elfe to be paid for any caufe concern-
ing the common wealth of any ot our faid cities or towns, or
common wealth o^the faid artificers, the faid ftrangers fliall
pay all the fame thac they &aU be afleffbd or taxed to pay, as
* con-
^S'^B*] Anhb vicefim64)rjnio Henrici VIII. ip3
* contributoikd with the faid companies, being our fubjedsj^Pcnalty of a
* as our raid rub|e<5ls (hall be afTefied, and taxed to pay ; (2) and |*^*"K«r «-
* if any of them detijr bv rcfiifc the fame, or any part thereof, contnbuto^
* then he or they denying or refufing fo to do, (hall not only lofeto lawful
* the benefit of this decree, but alfo (hall not any longer occupy charges with
* any handicraft^ Upon the pains, dangers, and perils Tpeciii^d iir ^i* company*
* the above, remembered adts and ftatutes.
' XVL And that as well all and every of the faid hou(holders,'stran«r8artJ-
^ ilrangers aforefaid, as all other ftrangers artificers, made or to ficen^iall go-
^ be made denizens, that (hall be houmolders, and inhabit and ^itb the war*
* occupy any craft within our faid city, fuburbs, or two miles ^^"* ^^ ^^^ ...
* compafs of the fame, as long as they (hall remain and abide [o'^^P^^
* vntfain the faid city, fuburbs, and two miles compafs of thefearch.
* fame, being reafonably required and warned by the wardens
* and other perfons, governors in any city, town, or borough
* corporate of the faid crafts, within any of our faid cities or town^
* corporate, or by any of them for the time being, or by theii'
* lawful deputies or deputy, (hall go with the faid wardens or othei*
' governors, there as no wardens be, to make fearch according
^ to the above remembered adts of parliament made in the xiv.
* and XV. year of our reien; (2) which if they refufe to do, and
* that proved before the chancellor of £«fg'/^rf, or before the mayor
* of London^ and other cities, before the chief perfons of the iaid
^ cities or towns for the time being, that then the fame hou(holdersi
^ or hou(holder fo oflFendin^, denying, or refu(ing the fame^
' (hall no longer the fame his occupation cxercife or ufe within:
^ this our realm, upon pain, peril, and danger exprcfled in the
^ afore remembered adts and ftatutes.
XVII. * And that the fame ftrangers artificers, denizens or not
^ denizens, hou(hold€r8, whi^h willremain and abide within oui*
^ (aid realm, (hall, upon lawful notice to them given by the
^ mafter and wardens of their craft, or one of them, perfonally
^ prefent themfelvesin the common hall or meeting-place of then*
* faid crafts within our faid cities and towns^ there as they be in-
* habiting, and then or there every of them to receive and take
^ their oaths, and be fwom upon the holy evangelifts^ before the
*' faid mafter and wardens of^ their faid craft and mydery withinf
' our faid cities and towns corporate, to be faithful ana true to
^ us and to our heirs Kines of England^ and to be obedient to U9
^ and them, and to our and their laws, and to all adts, ordinances,*
* and decrees made and confirmed by us and our council, or by
^ our council, and duly and truly at all times, when they (hail'
^ be appointed by the wardens of their fellowfhip, cnut, or The oath of
* myftciy for the time being, or their deputies, to make fearch*^ (hangersta
* with them according to the purport, tenor j oreffcdtof an e(htute^j„*i^^jj'g J^
^ and adt of parliament made in the xiv. and xv. year of our*dient to his
* reign, and have warning and monition thereof by the faid war-^laws, and to
* dens, or any of them, or any other their fufficient deputy or de-»"^*^*^«^^^*«*
* puties in that behalf to them given and made, and that they ^*
^ (hall be ready to go with the (aid wardens to, make the' (ame
^ fearch, and that they (hall not give notice to any (brangcc of tho
* Vol, IV, O * faid
194
]fo ftfangerSf
tout dentzenSy
ihali keep
kooTeorfliop*
ft'raiijD;er8 (hall
not aflemble,
but in the
common halls
•f their my-
fteriet.
A conmilTion
granted to cer-
tain perfont to
aiTignhowma*
Anno vicefimo ptimo fiEKRtci VBl« (1529.
raid fearch, until they with the fiud vmrdens come together to
make the iaid feurch, and that they fliaU well, indifferently, and
truly behave them in the fame, femngall affsftion^ favour, ma-
lice, and dread of any creature^ and ^1 fraud and deoedt apart.
So help them God and all faints, and by tiie holy evamdift.
(a) And thevoath (6 received infenn afordaid, the (Ud ftran-
eers (hall pay for thdr a^miflion aecoiding as om: laid fiilgeds
have always uied to pay.
XVni. < It is aUb further decreed, That no ftnm^ artificer
or handiuBraftfinan bom out of otv obrnfimce, not being denisen,
which at the day of the making of thisdecree 'is not ^hovlhoider
Within this our vealm, or kSqpeth aHv Oiop or (hops within
the Ikid city and fuburbs, or any ottier city, town, or bo-
rough withm this our realm, (hall from tiiat day forward iet
up or keep any houfe, or (bop, or chamber within our city
of LaidMf fuburbs, or pariihes before rehcarfed, or widiin
any other city, town, or borough, or viHage within this oar
realm, whefein he (hall exercife and praAife any huidicraft or
myftery, upon pain to incur and run in fuch penaltid^as be con->
tainedmtheftatutes before this timemadeandenaded. (2} And
that none of the faid (bangers artKicers or handicra(tfmcn, bom
out of our obeifanoe, as well denizens as other, (haB afiemble in
any company, (ellowlhip, congregation, or conventicle, but
only in the common hall of their crms, with our fubjedh which
be of the company of their faid craft or cnifts, at fuch time as
they (hall be commanded and warned by the mafter and war-
dens of the faid cra(t or crafts, and at none other place or
time, or in any other manner, upon pain afore exprraled.
XIX. ^ Provided alway. That this decree, and every part
thereof concerning the oraft and mvftery of cordwainers, md(
extend as well to them that work old ftuff, as new^ within our
city of Londm^ the fuburbs of the fame, or in any other city,
town, borough, or vllla»s within this realm of England.
XX. ^ Provided alfo. That notwith(hmding any words com-
prifed in this decree, the ftrangers artifieers, denizens' or not
deni2ens,> inhabiting in the univerfkies of Oxford and Cam"
bridge^ and witbin-the fanAuary of Saint A/^r/zV; le (rnnuf within
the city of LendoHy (hall enjoy all tlie benefits and advantages re*
ferved unto them by reafi>n of any proviiion made by sft of
parlijunent expre(&d in the (latute made in*the xiv. ttidxv. year
of our reign ; fo that the faid ftrangers, denizens or ngt deiuzens,
inhabiting withii^the faid fanftudry of Saint Mbrtiks k Grmd^
be conformable to fuch direction and order as (hall be taken by
the reverend father in God Cuthbert bifhop dE LmAth Sir Hi-
chard Brooke knt. chief b;ax>n of our exchequer. Sir John Mori
knight, one of the juftices of our bench. Sir John Dauntyj and
Sir J^n Akino knights, to whom we have of late direAed
our letters patents, and by the fame given them power and
authority, and commanding them, and every of them, to caufo
die houie of every (tranger and denizen, artificer, inhalnttng,.
and dwelling within tlie fiud fandhiary, to be fearched and
•viewsdi
15^9*] ^^^ ^ce&no primo HenHici VIII. 195
^ yiewcA'j how many fervants he or they keq> born out of our ny fenrants m
* obtifimce, and they being all viewed and feen, then to appoint ^"^^^^
* to eveiv of the faid ftrangers houfiiolders^ inhabiting within Gmt^t,
* the fiua fandhiary, by them in form aforefaid fo tried^ to be Martin V.
* within the bounds and limita of die 6id fandtuary^ fuch num-^ 5 ^^^' 4*
^ bcr of fervants ftraheers bom out of our obei&nce, as they by
^ fhmr difcretions ihalfthink convenient and fuffieient, and not to
* be any detriment unto our fubjeds inhabitants within our fiud
*ckv.
IkXl, ^ And oommandin| in our naoae ail and every of the
^ faid ftraAgers, denitens, noufliolders, that they from hence-
^ fordidonot keep within their houfes, nor any other houfe, (hop,
* or chamber within our (aid city of LonAm^ or the fuburbs dfthe
* frme, any mo fervants being bom out of our Obeifance, than
^ (hall be to them at the time by them appmnted, as they will
^ avoid thedai^er and penalty ot our laws ; and what they have
^ done in the premifle#, that they do certify to us and to our coun-
* cil into our Star-chamber at Wijimnfter^ at the xv. i^ of
< Eafter next coming. In witnefs whereof We will as wdl the
* faid decree as all other the premifTes, fhall be exemplified un«
* der our feal/
Na$ aattem tenor em brevis & deereti preiiff ad reptijkienem isitf «
giftri & gardianerttm artis five nqfterii abitarierumfive cordweimrs
Lanimt duximus exempUficanf per prafentes. In a^us ret t^i-^
manivm has titeras mftrasjieri fecimus patentes. Tejii meipfi (^ud
Wepmnajf vicefimo die ^riUs anno regninoftri vtcejmoh
CAP. xvn.
An aA for the adnulling of the letters patents made to the ci^
of Tork concerning (hipping oli wools. — -^
CAP. xvin.
No perfon Oiall (hip, load, or unload any goods, to be Ibkl
into or from any fliip at any place witlun the river of Tme^
between the places called Sparbawi and Hedwinjiremes^ but
only at the town of Newcajlle. The mayor, burgcflcs, and
commonalty of NewcaJlU^ and their fucceflbrs, may pluck
down aU wears, gores,, engines, that (hall be made in the
haven between die places aforefaid.
CAP. XIX.
Avowries Jhall be made by the lord upon the landy mihouf
naming bis tenant.
W'HERE as toett the noblemen of this realm^ as divers ether The rea/lm
terjinsj if fines^ reeoverieSy grants^ and fecret feoffment s^ andcaufc^
and ka/es made by their tenants to perfins mhsewn^ eftbeiandsandf^^^^^
tenements bolden rfthemy have been put from the knowledge ofthrir March, t66.
tenantSy upon whom thej Jbouldhy order of the law make their avowries Stiles, 4.
for their rents^ aifiomSp and fervices^ to their great loffes and bin- Moor, «7o.
draneesi
P 4 n. Be
1^6 Anno vicefimo primo Hemrici VIII. [i52j9^«.
1 Leon. 30T. IL Be it therefore enaded, eftabliihed,- and ordained by
Moor, 885. authority of this prefent parliament. That wherefoever any
may^be^de Planner lands, tenements, and other hereditaments be holdeo
by the lord of any manner perfon or perfons, by rcntSy cuftoms, or fiar-
upon the land vices, that if the lord^ of whom any fuch manner lands»
holden of him tenements, or hereditaments be lb holden, diftraki upon the fame
inK his tcnwt manors, lands, or tenements, for any fu^h rents, cuftoms, or fcr-
2 Mod. 103. vices, and replevin thereof be fued, that the lord of whom the
Avowry in fe- fame lands, tenements, or hereditaments be fo holden, may^avow,
cond ddivc- qj his hgisiff or ftirvant make conifance, or juftify, for taking of
arH 8'.f^»o. *® ^^^ diftrcflis upon the fame lands, tenements, or heredity
9 Co. iftTs^y' lAC^t^ ^o holden, as in lands or tenements within his fee or feig-
736. ^ niorvy (2) alledging in the (aid avowry, conifance and juft»-
Co.Lit.ft68.b.£eation, the fame manors, lands, and tenements- to be holdeu
The avowant ^^ ^*°^' without naming of any peifon certain to be tenant of the
ihall recover fame, and without making any avowry,' juftification^- or coni-
damagesand fance upon any perfon certain ; (3) and likewife the lord,
cdlsoffuit. baUy, or fervant to make avowry^ juftification, or conifimce
S^a damUes *" '*^ manner and form upon every writ fued of iecond dc-
t6. ' liverance. •
aRo1U37,x40y IIL And alfobe it enaded by the faid a'uthority, Thatevesy
*J*- avowant, and every other perfon or perfons that make any fuch
T Salk 9^^' avowry, juftification, or conifance, as baily or fervant to any
s Cr. 520. perfon or perfons in any replegiare, or fccond deliverance, for
rents, cuftoms,; fervices, or for damage fefant, or other rent or
rents, upon any diftrefs taken in any lands or tenements, if
the fame avowry, conifance, or juftification be found for them,
or the plaintiffs in the fame be ngnfuit, or otherwife barred,
that then they (hall recover their damages and cofts againft the
fald plaintiffs, as the fame plaintiffs (hould have done or had,, if
they had recovered in the replegiare, or fecond deliverance found
againft the faid defendants.
. . , IV. And be it alfo ordained. That the faid plaintiSs and de*
Sprayers af fondants in the faid writs of replegiare, or writs of fecond dc-
at the common' liver.ince, and in every of them, ftiall have like pleas, and like
law. aid-prayers in all fucii avowries, CDnifances, and joffifidtions
fpleas of difclaimef onfy except) as they might have had before
the makirlg of this adt, and as though the faid avowry, c6ni-
fahct, or juftification had been made after the due order of the
common law.
Xike joinder ^' ^^^ ^^ '^ further ena<aed by the faid authority, That aD
in aid as at fuch perfons as by the order of the common law may lawfully
the common join to the praiiuiffs or defendants in the faid writs of replegiarC,
^^' or fecond deliverance, aS well without* procefs as by procefs,
fhall from henceforth join unto the faid plaintiifs or defendants,
as well without procefs as by procefs, and to have like pleas»
and like advantages in all things (difclaimer only except) as the^r
might have done by the order of the common law before tl^
>»Gea».c.i9. making of this 2£L
CAP,
^ iSJo*] ^^^^ vicefimo iccundo Henrici VIIL 1^7
CAP. XX.
The prcfidcnt (hall bc4drociatc with the chancellor, Vc. in exa-
mination and puniAiing of riots, i^c. 16 Car. i. c. io.
CAP. XXI.
The ftatute made 14 £^ 15 i/. 8. r. 3. concerning worftcd wca-.EXP.
vers in Tarmoutb and Lynn, rehearfed and continued untila6H.8.c.x5^
. the next parliament.
Statutes made at JVefiminfter^ Anno 22 Hen. VIII.
znA Anno Dom. \ ^'^o.
STatuta boiram publicum concementia edita in parliamento tento apud
Weftmonaftenum dectmo fexto die Januarii, anno regni pnepotentif-
iimi & metuendiilimi Angliae & Francise Regis, fidei defenforis, &domi-
jk\ HiberaisBf HENRICI mavi, vicefimo fecundot poft diverfat proroea-
tioncs ejuidem parliamenti phmo inchoati apud Londinum tertio die No*
Tcmbrk anoo vicefimo primo ejufilem regis, & inde adjumati &proroga-
ti u(que ad Weftmonanerium, & ibidem continuati per quadragmta qua-
tuor dies, videlicet uique ad decimum feptimum diem Decembris $ & ab
codcm die k loco ufque ad vicefimum fextum diem Aprilis promme fe.
quentis) & ab eo die ulque ad vicefimum fepundum diem Junii, k ab il-
lo die ad primum diem Oftobns & a primo die Odiobris ufque ad Vicefi-
mum fecundum diem ejufdem menfis, U ab illo die ufque ad decimura
fextum diem Januariiiecundum lej^ tenrsB rite prorogati»& ibidem con-
tinuati per feptuajrinta ^uinque dies, videlicet, ad ultimum diem Martii
eodem anno vicewno pnmo, U inde ulterius prorogati ufque ad decimum
iertiom diem 06lobris proxime fequentis.
CAP. I.
No perfon during ten years next enfuing (hall buy any wool g^ P.
growing in the counties of Berkjbiriy (^c, viz, eighteen 4 Ed.4.c.4.
counties, before tht Jffumption of our Lady next after the + H-r.c.n.
' (hearing of the fame, but fuch as will make cloth or yam 37 H.8.C.15,
thereof, upon pain of forfeiture of the double valufe there-
of. No ftranger (hall buy any wool before the Purification
of our Lady next after the (hearing thereof, upon the pain
aforefaid.
CAP. n.
AnaSfor trial of foreign pleas pleaded hj felons.
WHERE among other things it was conftdered by the whole T\it inconve*
court of parliament of our moft excellent fovereign lord the niences cn-
Jf/«^, holden in the fourth year of his noble reign^ That mur- J"ing the al-
therers and felons^ lawfully arraigned of their detejiable offences^ bare feio^o plead
them bold upon imagining and pleading of feignea and untrue foreign a piea tnablc
pleas triable in foreign counties^ to the intent to be renwf)ed from in a foreign
place to place by colourable and untrue fuggefiions^ and far to be^^^^'
untruly acquit by favour, might or corruption^ fo that they lived in ♦ "' ^' *•
manner without fear or dread: (z) For reformation whereof and
for the common wealth of this realm, it was enabled by authority
pf the fame parliament y That if any murtherer or felon^ upon his
Oi nrrai^nn
^^S Anno vicefinio fccundo Hen&ici VIII. [i ^$o^
arraignment from thence did alkdge^ that he bad taken of^ char A
or church-yardy for murther orfebny $r other place privileged fir
the fame in a foreign comPry^ atid c^gainfi Ins wiU was uUen out
thereof: that then the Kki^s attomq;^ or art^ other per f on that tviS
fbew or aUedge for the King, that the faid miirtherer or felon fo
arraigned^ was taken at large in the fame Jhire where he is fo ar^
raignedy then that the fame allegiance and iffiie fiould be tried ty the
in^Jl that Jbould try the fame murther or felony within the fanu
JUroj and before the fame juftices where the faid murtherer or film
is arraigned^ as though the faid fiM'dgn plea had not been pleaded
by the laid felon. ( 3) Jnd that if it were found by the fame inpee/l^
dkU the faid murtherer or felme was taien within tie fame fitre^
as is aforefaid^ that then he to have no advantage or benefit of the
matter aUedged by him for taking out of the church or clmrcb^
yardi or other place privtleged in any futb foreign Jbiroy (4) and that
the faid off Jbould endure to the next parliament from then eufaing^ as
by thjame a& made in the faid fourth year nuunfaftly appoareth. (5)
Andforafmuch asftth the ttme of expiration of the find o& made in
the faid fourth year^ many abomimAle murther Sy as well of priejls
as of otBer porfons^ robberies of churchy cmd robberies of perfons in
tbiir houfesj as well by day as by nighty and other mofi dtieflcAlt
murthers and falonieSy have been committed and done within this
realmy and the moe^ and more often^ becaufi that the faid Jiatute
hath been expired and ended^ from and Jince the beginning of the
60 mnch of parliament of our faid fovereign lord holden in the fiuth year of bis
tbe ftat. of moji noble reign :
^ ^ ^'h^'th' ''" '^ *^ ordained and ena<5ted by authority of this prdent par-
thep?ca^le«l. Han^cnt, That the faid adt made in the faid fourth year, and
«d by a felon every thing therein contained concerning the faid foreign pleas,
that he was and replications thereunto to be made, and triak thereof, (h^
ttkeniaa. n6w be revived, and (hall ftand in full force and effeA^ and
ouM^Sau- *^' continue and endure from henceforth for ever, as if
ary» . the fame a6t bad been originally made perp^al and not deter*
madcperpc- minable, ' • '•
f»^- C A P. III.
.&3Ph.&M. ^otPlumJ^edm^xfl^.
f'^- CAP. IV.
For exa£K^ not tq he levitd on appr^kes*
^^5J ^^\L A '^ ^' P^^^ ^f ^*^ ^o^tttnons in this Prefent parliament affmr
^oni^ -TX *H recitingy That where it was eftabli/bed and ena^ed. in
prehtices^y ^*^ nineteenth year of our late foyer Agn lord King Henry the Seventh^
maiters, war- That no majler^ wardens^ and feUawJbip of crafts^ or any ofthemy
dens, &c. nor any rulers of guilds or fraternities ^ take upon them to make (my,
a£ls or ordinances^ ne to execute any aSfs or ordinances by them
heretofore made^ or hereafter to be mde^ in difinheritance or dimi*
nution of the prerogative of the Kirig^ nor of other ^ nor again/! the
common profit ofthepeople^ but if the fame am or ordnances be exa-
mined or approved by the chancellor y treafurer of England, or chief
jujiiu of either bench\ or three ofthmy or before thejs^ices ofaffize m
* * ' - their
15^-] Aimo vkefimo iecundo Henrici VIIL 199
tbar armt or fr^ifiy in ibifiire wbin fmb affs orordifmnm he
mad€y upm pain of forfgitun of xl. li. for every time that they do
the contrary^ as more fiaitilyin the faida^ doth appear: (2}//i6 A rehear&I of
which time divers wardens and feUowJbips have made aSls and ordi" *« ^atutc of
naaus^ that every (^entice JbaU juy at his firft entry in ^*«> iJ^ hwit w
eammpn haUj to the wardens of the jfame feUowJmp^ Jome of them abufcd.
xLa* feme X3ai.s. feme tou %/jme xiii. s. iv. d* fome vl. s. viii. d.
fam€^ iii s» iv. after their own Jinifter mind and pteafure, contrary to
tba meaning of the a^ aforefatdy and to the great hurt of the King*$
truafttbje&s putting their child to he apprentice : (3} Be it therefore
ordaunedi eftabliflied, and tca&sA by the King our .^vereig^
lord^ by the advice of the brda fpiritual and temporal, and of
thfl commons in tbia preflent parliament aBembled, and by
authority of the &nie» That no matter, wardens, or fellow- The feet of
(hips, of crafts^ or. matters, or any of them, nor any rulers of wardens of
£rauimities, take from hencefordi of any apprentice, or of any^'^P**""^^^
oth^ perfon or perfona, for the entry of any apprentice into jjj^^ijjjj'n^^
their &d fellowfliip, above the fum of ii. s. 6. d. nor for his or frnman
cn&y» when hia years and term is expired and ended, above into their
iii. ft. iv. d, (4) upon pain of forfeiture of xl. li, for every «MBp«y-
fioM that they do to the contrary \ the one half to the King « ^ ,.
our fovereigp lord, the other half to the party that therefore ftJihS^pi^
ihall fue by adtion of debt, information, or otherwife; and videdfbrby
|hat ia^ ^on aforeiaid no protedlion or eflbin fhall be al* »tH. s. c. |.
lowed.
CAP. V.
For bridges and high-ways*
E it enaAed by the King our Ibvereign lord, and the lords a remedy to
fpiritual and temporal, and the conunons, in this pre- repairdecayed
fent parliament aflembled, and by authority of the fame, That ^H^S^ i^
thejuftices of peace in every fliire of this realm, franchife, city, by wh2J
or boroudi, or four of them at the leaft, whereof one to be of the 13 co. %%.
fuonem, (haU have power and authority to enquire, hear, zi)d Popb. iy%*
oetexmine in the Kinjg's g^eral feffions of peace, of all man- * ^.^- 700-
ner o£ annoyances ot bridges broken in the high-w^ys, to the ^^^^ a,
damage of die Kii^s liege people, and to make fuch procefs waixlpyoeeiJ
and pains upon every prdentment afore them for the reformat andnftthem
tioa of the faine, ^gaintt fuch as owen to be charged for the who oa^t to
making; or amending of fuch bridges, as the Kii^s juftices «P««*bndgeSp
of bis^bench ufe commonly to do, or as it fliall 1^^ by their
difcrttiopa to be nec^fiary and convenient for the fpeedy amend-
ment of fuch bridges,
II. jtfid ufhere m many parts of this realm it cannot he known This aft iaen*
and pfTOved vJkU hundred^ ridings ivapentake^ dt^y horoughy town, forced by i
or parijbj nor what perfon certain^ or body politick^ ought of right ^^^'^^fj^*
to make filth bridges deeayedj by reofon whereof fuch decayed bridges^ m not alterad
fcT lackofburwUdge of fuch as owen to make them^ for the nuft part by thatftatiit9«
£f long without any amendment y to the great annoyame of the Kin^s
' ^ Q^ m.For
B
too Anno viccfimo fecundo Henrici VIIL [1530.
in. For the remedy thereof, be it cna6ted by authority
aforcfaid. That in every fuch cafe the faid bridges, if they be
vithout city, or town corporate, (hall be made by the inha-
bitants of the (hire or ridin^g within the which the faid bri<%e
decayed (hall happen to be; (2) and if it be within any city
or town corporate, then by the inhabitants of every fuch city
or town corporate wherein fuch bridges (hall happen to be ;
(3} and if part of any fuch bridges fo decayed happen to
be in one (hire, riding, city, or town corporate, and the other
part thereof in another (hire, riding, city, or town corporate,
jbr if part be within the limits of any city, or town corporate,
and part without, or part within one riding, and part within
another; that then in every fuch cafe, the inhabitants of the
(hires, ridings, cities or towns corporate (hall be charged, and.
chargeable to amend, niak^ and repair fuch part and portion
of fuch bridges fo decayed as (hall li; and be within the limits
of the (hire, riding, city, or town corporate, wherrin they be
inhabited at the tinie of the fame decays.
IV, And be it further enadled. That in every fuch cafe
where it cannot be known and proved, what perfons,' lands,
tenements, and bodies politick owen to ma|&e and repair fuch
bridges, tnat for fpcedy reformation and amending of fuch
bridges, the juftices of peace within the (hires or ricfings
wherein fuch decayed bridges been out of cities and towns
corporate, and if it be within cities or tovms corporate, thea
the juftices of peace within every fuch city or town corporate,
or four of the faid juftices at the leaft, whereof one to be of
t}ie quorum^ (hall have powpr and authority within the. (imits
of their (everal commi(fions and authorities, to call before tl^em
the conftables of every town and pari(h, being within the (hire,
i-iding, city, or town corporate, as well within liberty as
without, wherein fuch bridges, or any parcel thereof (hall
happen to be, or elfe two of the moft honeft inhabitants with-
in every fuch town or parifh in the faid (hire, riding, city or
town torporatc, by the difcretion of the faid juftices of peace,
or four Qt them at the feaft, whereof one to be of the qudrum i
ByiAnn.ftat. (2) and at arid upon the appearances of fuch cohfl:ables or in-
6**^ ft'h*^^*" ^^^'^^nts' the faid juftices 6t peace, or four of them, whereof
.peace may (ax ?"^ ^° ^^ of the quorum^ with the a(rent of the (Ud conftables or
the fcvcral inhabitants, (hall have power and authority to tax and (et every
inhabitant in every fuch city, town, or pari(h within the limits
of their commi(rions and authorities, to fuch reafonable aid and
fum of, money, as they (ball think by their difcretions con-
venient and (ufficient for the repairing, re-edifying, and a-
mendment of fpch bridges; (3) and after fuch taxation made,
the faid juftices (hall caufe the names and fums of every par-
ticular perfon fo by them taxed, to be- written in a roll indented ;
(4) And (hall aifo have power and authority to make two col-
lt<^ors of every hundred, for colle<ftion of all luch fums of money
by tl^em fet and taxed ; which collectors, receiving the one
part of the faid roll indented under the feals of the faid juftices
^ fliali
The juftice«
may tax the
inhabitants *
vritb the af-
fent of the
conftables.
townlhips.
*53o-] Anno incefimo fecundo Henrici. VIII. tor
Aiall have power and authority to collect and receive aH theTwocoltea-
particular fums of money therein contained, and to diftrain^"^^*^^''/
every fuch inhabitant as Ihall be taxed and .refiife payment ^°""'
tliereof, in his lands, goods, and chattels, and to lell fuch
diftrefs, and of the fale thereof retain and perceive all the money
taxed, and the refidue (if the diftrefs be better) tor deliver to
the owner thereof; (5) and that the famejuftices, or four of Tlie|iiiliee»-
them, within the limits of their commiffions and authorities,' ^**' ^E^^i^^i
ihall alfo have power and authority to name and appoint ^o J^^^-J^ ^^J^
Itirveyors, which Ihall fee eveiy fuch decayed bridge repaired bridge.
^nd amended from time to time, as often as need (hall^ require,
to whofe hands the faid collectors (hall pay the fald fums of
Aioney taxed, and by them recdved; (6) and that the col- TbecoRca^
lc<Sh>rs and furveyors and every of them, and their executors <^" ^^S^^r ' '
afid adniiniftrators, and the executors and adminiftrators <>f ][2ompttothe
them, and every of them, from time to time, (hall make a joftlces.
t4ije declaration and accompt to the julVices of peace of the
Ihire, riding, city, or town corporate, wherein they (hall be
appointed colledors or furveyors, or to four of the fame ju(tices
whereof one to be of the quorum^ of the receipts, payments, and
expences of the faid fums of money 1(7) and if they or any of
them refufe that to do, that then tne fame juftices of peace, or
four of them, from time to time, by their difcretions, (hall have
power and authority to make proce(s againft the faid colleAors
and furveyors, and every of them, their executors and ad-
miniftrators, and the executors and adminiftrators of every of
them, by attachments under their feals, returnable at the ge-
neral fe(fions of peace, (8) and if they appear, then to compel
them to account as is aforefaid ; or elfe \i they or any of themf
refufe that to do, then to commit fuch of them as (Kail refufe,
to' ward, there to remain without bail or mainprize, till the
laid declaration and accompt be truly made.
V. And where any bridge or bridges lien in one (hire or
riding, and fuch penbns inhabitants, bodies politick, lands,,
or tenements, which owen to be charged to the making and .
amending of fuch bridges, lien and abiden in another (hire or
riding, or where fuch bridges been within any city or town
corporate, and the perfons inhabitants, bodies politick, lands,
or tenements, that owen to make or repair any fuch bridges,
lien and been out of the faid cities and towns corporate; l^'it
enacted. That in every fuch cafe the juftices of peace of the
(hire, city, or town corporate, within the which fuch decayed
bridges, or any part thereof (hall happen to be, ftiall have
power to enquire, hear and determine all fuch annoyances, be-
ing within the limits of their commliTions or authorities ; (2)
and if the annoyance be prefented, then to make procefs into The iufticet
every (hire within this realm, aeainft fuch as owen to make may make
or amend any fuch bridges fo prelented before them to be de- JJ^^iJ^
cayed, to the annoyance and let of the paiTage of the King's agamft
fubjedts, and to do further in every behalf in every fuch cafe, otfendert,
%s they might do by authority of this a&, in cafe, that the per-
fons
2^2 Anno vioefimo iccunda Hbnrigi YUl* [^ 51^*
IbiB or bodies politick, Iands> or tenoments, wbicli owen to
bQ charged to the suneoding or making of fiich bridges, <^ aoy
pMrti thueof^ were in the ftme flvxe^ ridings city, or town cor^
^. .- - ponute, where fiich smnoyance (ball bappm to be. (s) And
SSTfo^' *** *" (^^mSsj and bailiffs of liberties and fianchifcs» IhaU
procefs upon truly ferve and execute fuch proce&^ as ihaU coEnt to their
tfaeefeiapn. bands from the faid juftices of peace afore wiiom any preicnt*
ment (hall be bad for any fock annoyance, acccKding to the
tenor and efib& of the 0iid pCQceft to them direAed, without
£ivour> affedion, or cocmpuon^ upon pain %o ofiake fuch i^tm^
as (hall be fet npon them or any of them fay the difcretioa of tfa»
fiiidjufiicea.
Tbs five poets VL Provided dway. That this aA, or any thing therein
exc^pfeed* contained^ be not pr^i»Ucial to the Bbcrtiea of the five ports^
oc ihendsers of the fiime. And for reformatioQ oi annoj^amcea
of bridges within the faid ports aod members*
VIL Be it enaifted by authority of this jHfefent partiwicnt^
That the warden^ mayora^ and bailiffaetesftedy and junites of
the fame ports, and every of them^ have power aod aujtbority t<»
enquire^ hear, and determine all manner of cpmmon anno^uioes
iaf bridges within the fame porta and membersi, and to ma(efach
fffoce&i paina, taxations) aiui. all other things within die fiuno
ports and members,, as the juftices of peace may. do in othq?
flitfea or places out of the £ttner ports,, by virtue and- a»thodty
of thia pre&nt ^A in every bdialf.
Allowance VUI. And be it further enaftcd by the authority aforcfoid^
™w^and ^^^^ the juftices of peace, or four of them*, (hail barve fuft
colleaon. power and authority to alkw fiioh reafonaUe oofts and charge
tK» the fiud fiirveyors and.Qo]le<£tors, as by th«r difcretioas (halt
be thought convenient.
IX. Ft^mmb that aHeit brumes de^ayii win wuni^d and r#-r
paired according tp the temr efMs aSy yet neverthel^Sy if Jpeedf^
remedy for the amendmei^ of the ways na^ adj^ning to- epefyof the
' * ' " ' "' '^Mh~
ends offutb brieves Jbould not be had and madet the 13ng^sfitjeai
fioiditake IktJe or none avfdl or commodity in man^ P^^^t of this
reabn by the nuding of the bridges: (a). In oonfideration wherttrf*,
be it enafted by llie King our ibvereign leid,. and the lords ffA^
ritsuai and temporal,. arS tl^ commons,, ip this prefent parlla*
liament ailembled^ and by authorili^ of the (aivie, Th^ fodi
part ahd portion of the h^hways m every pan of this reahn,
as well within franchife as without, a^ li^ next acyoinmg to the
ends o£ any brieves within this raJfl^^ diftant from any of the
(aid ends by the ipace of three hundred foot, be made, rq>aired«
An order for and amended as often as need (ha}l reqiMrei; (3) an4 that the
onhc waya^t J^^*^* ^ *^ P^*^ ^ ^^^ ^^^ ^^ *** realm» fraachife, city^
th« ench of ^ borough, or four of them at the leaA, whfPeof one to be
biidges. of the quorum^ within the fimits of their commiffions and au-
thcH-ities, (hall have power and authority to.enqMiri^ hoar„ and
determine in the King^s general fcflions of peace, all manner
of annoyances of and. in fuch highways, fo^ being and lying
next adjoining-to ^y ends of bridee^ withi^ thi$i reilqi> dittany
from
1 530.T AimQ vicefimo fecundo Hsnrici V III. 203
from any one of At ends of fuch. bridges three hundred fboty.
and tx> do m erery thing and things concerning the making*
repairing, and amending of fuch highways, and every of them*
in as large and ample manner, as they might and may do* to
and £ox the makii]^;, repairing, and amending of bridges* by
virtue and authority of this prefent aA. ^
CAP.VL
If any butcher keep a ta^-houfe, he (hall forfdt vi. s. viil. a day. J^;' J*^* '•
CAP. vn,
IVhoibever (hall convey any hocfesy |;!eldings, mares, or (beep, Exp.iEl.c.if .
to any parts beyond the fea* without the King's Hcence JJ^' '/J: ^j.
(faving for the vidtuallingof C^ii) (hall fioifcit sd. s. for every i Ed! 6! c* 5/
polL 5 El. c. 19.
CAP. VIIL
For denizens firangers to fay firangers eufi(mm.
T>RAY£N the wmmms^ in thh frefme parliament qffemhkd^ Denizens (hall
JL That when in a parUament hoUen at Weilminte tbejhentb^y like
^^^Navembo', in thefir/i year efthe reign rfcur latt Jeuereti^^^^^?.^
lard ^famous memory^ King Henry the Seventh (wb^ fml ^'^^fo^thiwe
tardan) it was ordained^ efiaU^/bed^ and ena^tedy fy a¥tim^ of /i^deniaem.
faid parUamenty That every perfm made, or aft^ the molAng if tbe\B. 7.c!a«
f^d aft to be made denizen, Jbouidpay of his mer<bandifes like cujlont
andfvbfidy as he ought erjbouldpay afore thaOhewere madedemzen^
any letters patent, or other ordinantes by parliament or otberwife^ ta
the contrary netwitbJlandiMf I (2) which Aatute and. orJ^iame wax
enfy made for cufiom andfib/iif t& be pmato thefaid late Kki, and
te our newfovereign lord-, {j^fitben which time divers grants have
been made to divers, as weU merchant ftrangiers, as other ediens bone
etU of this realm, to be denizens, whereby they have and enj^JSdcb
freedoms and liberties, as do denizens born within this reabnybevsg onr
faidjiruereign lord the Kin^s natural born fsdje^y whereof there is
noJmaU nmnber, and every day inereafe mrn'o and more, by the which
thefaid aliens, te their lucre and avatl,.been increcfedto great andno^
taUefuManceand riches, and the natural Jiih'eSs ofonrfyidjivereign
lord and bis realm greatly impoverifbed,^ ana after they befo inricMf
for the moft part convey themfelves, with their faid goodsy to their own
country wherein they be naturally born, to the great detriment tf the
common weal of this realm of Enf^znJi, cntd thefubje^ of the fame ;
(4) it may therefore pleafe your highnefs, of your moft good
and loving di4>ofitioD, that ye bear and owe to the common
weakh of this your realnv by ^he advice of your lords fpiritual
and temporal, and the commons* in this pceC^t parliament af«
fembled* and by authority of the fame, to ordain, enaA, and
efbibliih. That every pedbn or per(bas, whatfoever tiiey be* Aliens born,
bom out of this reahn of England, out of the King's obeiunce* "^^fSjl*"
made or hereafter to be made denizen, do pay to your grace, and !|^!^[ji£ch
to your heirs, and to all and every other perTon and perfofu* oCcaftoms and
what eftate, degree, or condition he or they be, and to all and other duties
fing^ilar officers andminifters of cities* boroughs* and towns as they did
within
before.
II H. 7«c.x4^
s5Car.s«c6.
f. i.andz.
AtaUeof
cuftoms,toIU»
and duties,
Ihall be fet up
in every city,
borough, or
town.
The mer-
chants of the
^yard.
The table of
icavage to be
ict up in Lon-
don ihall be
examined, &c.
Anno vicelimo fccundo Henrici VIII. Ci53o*'
within this realm of England^ and to every of them, all fuch fub-
fidies, cuftoms, tolls, duties, and other fums of mon^, for
their wares, merchandifes, and other whatfocver goo<», by
whatfoever name or names the faid fubfidic3, cuftoms, tolls,
duties, and other fums of money, or any of them, be named or
called, as they (hould or ought to have paid before they were
denizens, any grant or grants to them made, or hereafter to be
made, or any aft or a<fb, ftatute, or ordinance to the contrary
made or had notwithftanding.
II. Provided alway. That all and Angular officers and mini-
fters of every city, borough, or town, wherein any fuch cuftom,
tolls, duties, or lums of money fhall be demanded, as Is above-
faid, on this fide the feaft oiPentecoft next coming, (hall fet up,
or caufe to be fet up, in open place and places of every fuch
city, borough, or town, a table,, or tables, bv which the cer-
tainty and every 4uty of every fuch cuftom, toll, and duty, or fam
of mon^y, of fuch wares, and merchandifes, to be demanded or
required, as is above rehearfed, (hall and may plainly appear,
and be declared, to the intent that nothing be exafted other-
wife than in old time hath been ufed and accuftomed, (2) upon
pain of every city not doing the fame, to lofe v. I. and every
town corporate to lofe xl.-s. for every month that the fame table
(hall fail to be fet up after the fame feaft ; the moiety of which
forfeiture to be to the King our fovereign lord, and the other
moiety to the party that will fue for the fame, by writ, bill,
plaint, or information, (3) in which aftion the de^ndant fhall
have no eilbin, wager of law, ne prot^ftion allowed.
III. Provided alway, and be it enadted by the authority afbre-
£ud. That this aft, ne any other aft or afts made or to be
made in this prefent parliament concerning the premifles be nor
hi any wife prejudicial or hurtful unto the merchants of the
Hans of Alnmgny nor to any of them> having * the houfe within,
the city of Lpndmy commonly called Guild-Mlda Tbeutmcoramy
otherwife called the merchants of the Stifyard in Londorty nor to
their goods or merchandifes, by whatfoever name or names they
•r any of them be called, but that they, and every of them,
fhall have and enjoy all fuch liberties, franchifes, cuftoms, and
privileges, x% they had the firft day of this prefent parliament;,
any thing or things fpecified in this aft, or in any other aft or
afts, made or to be made in this prefent parliament liotwith-
fianding.
Provided alway, That the tables fo to be fet up in the city
of Undofiy touching fcavage within the fame, fhall firft be
viewed, examined, and approved by the chancellor, and trca-
furer of Efiglandy the prefident of the King's council, the lord
privy feal, the lord ftcward of the King's moft honourable
houlhold, and the two chief juftices of the King's bench and
common pleas for the time being, or by four of them at the
)caft, and by them fubfcribed.
CAP,
^53^'} Anno vicefimo fecundo Henrici VIU. i^05
CAP. lit.
Wilful poifonlng fliall be adjudged high-treafon, and the of- Rep. i Ed. 6.
fender therein ftiall be boiled to death. ' ^•-"i .
CAR X.
j4n a£l concerning outlandijh peopky calling tbemfelv^s
Egyptians.
FORASMUCH as before tins time divers and many outlandijh Enforced by
people calling themfelves Egyptians, uftng no craft nor feat ^i&aPli.&M.
mircbandife^ have come into this realm^ and gone from Jhire to Jbire^ ^•♦* .
and place to place in great company ^ and ufed greats fubtiU and crafty * * 5 *•*• c«*^
means to deceive the people^ bearing them in band^ that they by
palmeftry could -tell nutfs and women* s fortunes^ andfo many, times by
craft and Jubtilty have deceived the people of their moneys and alfo
have commtted many heinous felomes and robberies^ to the great hurt
and deceit of the people that they have come among :
II. Beit therefore by the King our fovereign lord^ the lords
fpiritual and temporal, and the commons, in this prefent par-
Jianaent ailembjed, and by the authority of the fame, ordained,
eftabliihed, and enadted. That from henceforth no fuch perfon
be fufFered to come within this the King's realm ; and if they do,
then they and every of them fo doing, (hall forfeit to the King
our fovereign lord iall their goods and cliattels, and them to be
commanded to avoid the realm within fifteen days next after the,
commandment, upon pain of imprifonment ; and it (hall be
lawful to every iheriff, juflice of peace, and efcheator, to feife to
theufeof our fovereign lord, his heirs and fucceflbrs, all. fuch
goods as they or any of them Aiall have, and thereof to make
account to our faid fovereign lord in his exchequer ; and if it
fhall happen any fuch ftranger hereafter to commit within thU
realm any murder, robbery, or any other felqny, and thereof be
indited, and arraigned, and to plead not guil^, or any other
plea triable by the country, that then the inqueft that (hall pafs
between the king and any fuch party, (hall be altogether o^
Englijbmen^ albeit that the party fo indidled pray Mtdietatem
linguaj according to the ftatute of Jnno 8 Henrici VI. or any
other ftatute thereof made.
III. Provided alway, That the Egyptians novf being in this
realm, have monition to depart within fixteen days after pro-
clamation of this ftatute among them (hall be made, upon paiii
of imprifonment, and forfeiture of their soods and chattels;
and if they then fo depart, that then they (hall not forfeit their
goods nor any part thereof, this prefent ftatute notwithftanding.
IV. Provided alway. That every fuch perfon or perfon?,
which can prove by two credible perfons, before the fame party
that feifeth fuch money, goods, or chattels, of the fame Egyp-
tiansy that any part of the lame goods, money, or chattels, were
craftily or felonioufly taken or ftolen from him, (hall be incoiv*
tinent reftored unto the fame goods, money, or chattels, where-
of jhe maketh fuch proof before the fame party, that fo (eiieth
* the
io6 Amio vkdkno fecundo HfiKftici VIII. 1 1530;
the fame money, goods, or chattels, upon pain to forfeit to the
fame party, that maketh fuch probf, the double value of the
fame by aAion of debt, bill, or otherwife, in any of the King's
courts to be fu<^, upon which aAion and fiilt he (hall not be
admitted to wage his law, nor any prote6ti<Mi or eflbin to be
allowed ; any tlung in this ad to the contrary notwithftanding.
y. iProvided always, and be it fuifther enaded. That if any
juftice of peace, iheriff, or efcheator, which by authority of
this wB^ have power to take or feife any goods or chattels at asy
JSffptioHSy fltany time hereafter do feife, or take the goods or
chattris of^ny iucfa Egypti^ns^ that then every fuch juSce, ftie-
Tiff, or efdieaior, doing the fame, (hall have, keep, and ffeiaia
to bis own ufe, the moieey of all fuch goods fo by him (UM ;
andof tbt other moiety fo bv him taken or ieifed, (hall taak^
anfwcr sJid accoutftto the King in his exchequer, aeciM^itig to
the tenor of ihis preiisnt zA ; any thing in the faaie aft eoii«
tained to the contrary hereof notwithftanding: and that upoQ
any accoum hereafter to be made for the fiud other ttioiety of
die fame goods, the accountant (hall pay no m«incr of fees or
other charges, for his account or dlicharge to be had in tlse
icing's exchequer, nor dfewh^e.
CAP. XL
An a{f cmictrmng p^wMe in marJh-Und.
ie Ph &M \Jl/'^^^ *^f^^ ^^^ ^^ ^^^ eviUdifp^fed perfms^ $f their
\^ J J^ ' ' VV pervtrfe and evil difptffitm^ malicimflyji at divers and fttn^
dry times have cui^ caji down^ and broken up divers parts ef the dike
caUtd the new pewdike in marjb^land in the ewnty $f Norfolk, and
the broken diie^ otherwife called Oldfield £ke^ by marjh-kmd in the
ijleof Ely within the ceutityofC^mhnA^ i by reafon wheferf^ as
well by the great abundance of the fait water ^ as alfo by the cmerfe af
thefrejh water entrrng and coming into and by the faid parts of the
faid ditches fo broken and cafi dewn^ the ground and paflures within
the country of marjb'land in the counties aforefaid^ have been dSvers
and many times drotxmed and furrounded with the tuaters aforejaidy fa
that no profit thereof might be taken by the ozvners and occupiers of
the find ground and paflures within mar/h^land aforefaid\ by the
• drowning whereof the faid owners and occupiers of the faid ground^
and the inhabitants wtthin the faid mar/b^land^ and the level of the
fame^ at many nndficndry times have been not only put to importwiaie
charges and expencesy to their extreme damans and cofis^ but dtfo^ to
their great undoings have loft much of their cattle and beaftsy then
being and pafturing t^on and within marfh-land aforefaidy to tbeit
great damage and lofs^ and to the great decay of the common weal of
the countries adjoimng to the fimte; and alfo iy reafon of the fimu
waters much people have been drofwned in their beds within their
houfeSy and have loft the moft part of their goods being within the
fame: (2) for the reformation whereof be it ordained, entAed,
8nd eftabliflied by the King our (bverergn lord, by the adent of
the loids Attritual and temporal, and the commons, in this
prefent porfiamefff^ aflemblcd, and by the authority of ^ fame^
That
^ 530I] Anno vfccfimo fecundo HtNRlci VKI. 407
That evay fuch perverie and malicious cutting dawn and Cutting down.
t>reaking up of any part or parts of the faid dikes, or of any other ^^ ^TjHj"*.
bank, being parcel of the rind and upperrooft part of the faid STa^-iaS ""
«oun^ oTmarlh-land aforefidd, made for the defence and ial- U felony.
vatioa of the fiime country of marlh-^land, at every time and
times from henoefbrth by anv peribn or perfons committed and
done, (ytherwife dian in woniing upon the faid banks or dikes,
for the repairing, fortifying, and mending of the fame, be
;taken, reputed, and adjudged felony ; and that the oflendtm
•and doers of the lame, and every of them, be adjudged and ro-
^pcxtd felons. (3) And that the juftices of the peace of the &id
eoonties of Nirfolk and Cambridgt^ within the £ud ifle, at every juftices of the
of their feflions within the iame ifle and counties to be kq>t, by peace to
tiie audiority aforefaid have full power to caufe enq^iiry to be ^S^^ ^^
made of every fuch offence, fo at any time, in form aforefaid, ^t!rd wrowS
hereafter to be committed and done, and to award like procefs Ut^
againfl every of the faid offenders, with like judgment and exe-
cution of tne fame, if they or any of them be thereof found
guilty by verdidt or otherwife, as the faid juftice hath ufed and
accuftomed to do upon other felonies, being felony at the com-
mon law.
CAP. XII.
An aS SreSif^ bow aged ^ poor ^ and in^tent perfons^ com-
pelled to Uve by alms^Jhallbe ordered^ and bow v^abonds
and beggars Jhall be pumjhed.
THE juftices of peace in every county, dividing themfelves tj h. s. c. s^.
into fevenil limits, (hall give licence under their feals to < £d. 6. c. ]•
jbch poor, aged, and impotent perfons to beg within a certain '^^ ^*5*
precinA, as they (hall think to have moft need : and if any do beg |^ £]' ^] ^
without (iich licence, or without his precinft, he (hall be whip- Rep/sijacs*
ped, or dfe be fet in the ftocks three days and three lughts, c. sS.
with bread and water only. And a vagabond taken begging
ihall be whipped, and then fwom to return to the place where .
he was bom, or laft dwelt by the fpace of three years, and there
to put himfclf to labour.
CAP. xm.
For bakers^ brewers^ furgeons^ and fcriveners^ not to be ac^
counted bandicrafts.
RE £veriftatutes penal heretofore have been made agmnji i R. t.c 9.
Jlrangers artificers for exerciftng of handicrafts within this «4 & 15 H. f .
realm^ and for keeping ofboufes^ apprenticesy and fervants efbrangersy \^^ s c 1^
as by tbejaid fei/eraljiattaes more plainly is rehearfid; ftthen thi • • •
making whereof beer brewer Sy and baker Sy which been common vie-
tuaHerSy and alfo furgeonsyondfcrivenersy being JlrangerSy inhabited y;^^^ perfims
and dwelling within this realm j have been put to trouble^ and great (hall not be
vexation^ by occafien of informations brought againft them ufon the ^l^^'^^p^^
findjbautesyfuppofing thatfirangers ufing bakings brewingyjurgefjy '*'"'*'
or writings fimSa be handkrapfmen ; upon the whieh information
great doms and ambiguities bove rifen^ whether firangers t^mg any
wz
handicnfti^
208
No ftranger
being a com-
mon baker,
brewer, fur-
Anrio vicefimo lecundo HeKRICI VIIL [i 53c-
ifthefaid mjfteries or fcitnui^ jhsuld he underftocd fuch handicraftf"
mm as were intended by any of the faidjiatutes ; (2) for plain de^-
claration whereof be it enaded by the King our fovereign lord,
and the lords fpiritual and temporal, and the commons, in this
prefent parliament aflembled, and by authority of the fame.
That no perfon or perfons ftrangers, bebg a common baker,
brewer, furgeon, or fcrivener, (hall be interpreted or expounded
handicraftimen, in, for, or by reafon of ufing any of the faid
ceon orfcri. «nyfterie8 or fciences of baking, brewing, fui^ry, or writing,
vener, ihalibe (3) and that all informations, fuits, anions, ana procefs had,
accounted an taken, or hereafter to be taken upon any of the £iid ftatutes,
handicraftf- againft any fuch ftranger or ftrangers, hieing bakers, brewers^
furgeons, or fcriveners, (hall be by authority of this prefent z£t
void and of none effect.
CAP. XIV.
For abjurations and [anSuaries.
THE King our fivereign lord confidering^ that many ofhisfub--
je^s heretofore for their offences and merits^ have been put t$
execution of death by toe laws of this realm^ and many other commit'-
ting like offenceiyfor tuition of their lives^ have fled and reforted t»
churches y and other hallowed places within this realm^ and there be^
ingy have abjured the realm before the King*s coroners of the fam/^
(2) divers of which men (fo abjuring) have been knowfi to be Very
expert mprinersy and many other have been feeny to be very able and apt
men for the warSy and defence of this recumy fo that by the one mean^
and the other y the flrength and power of this realm is greatly minijbed.
(3) And divers of the Jaid perfons which heretofore have abjured this
realmy being by reafon of their abjurations in outward realms and
count riesy have not only procured many men of the fame to the exerdfe
and pra^ife of archery^ and have injiru£led them in the feat and
knowledge thereof y to the great increafe and fortifications of the farrie
outward realms and countrieSy but aljo the fame allured perfons have
difclofed their knowledges of the commodities andfecrets of this realnty
to no little damage and prejudice of the fame : (4) the King's high-
vefs therefore daily fludying and dcvifing to provide for thejafeguard
of this his realmy and ofhisfubje^Sy albeit they be trangrejfors of his
lawsyfo that the incommodities infuing upon fuch abjurations to be
preferved to the bejl effe^ as far as Jhall pleafe God to give them
graces hatli ordained and ena6ted by authority of this prefent
parliament. That if any perfon hereafter flie or refort to any
pari(h church, cemetery or other like hallowed place, for tuition
of his life, by occafion of any murder, robbery or other felony
by the fame perfon committed, and thereupon confefs any mur-
der, felony or other offence before the coroner, wherefore the
fame perfon by the laws of this realm heretofore ufed (hould
abjure and pals out of the fame : the fame perfon thereupon (hal)
abjure from all his liberty of this realm, and from his liberal
and free habitatiQfis, reforts and pafTages to and fro the univer-
fal places of this realm, which appertain to ikt liberty of tho
King**
In what man-
ner perfons
committing
petty treafon
ihall abjure.
By how many
means ab-
jurations of
offenders out
of this realm
bath been
prejudicial to
this realm.
iTheoathof
hiift which
abjureth.
'5^o. j Aiino vicefimo fecundo Henrici VIIL 209
King's fubjedts undefained, and (hall forthwith be diredted by
the coroner, taking and recording fuch abjuration, to any one .
ianAuarv belns within this realm, which the fame perfon will
eiedl ano choofe, there to remain as a fan<ftuary-perfon abjured,
during his natural life, and to be fwom afore the coroner upon
his abjuration fo to do, and to be burned in the hand, according
to the ftatute in that cafe provided; {5) And every fuch perfon St.ai H. >.c.«-
fo abjured fhall be directed and conveyed to the fame fanftuary Every abjured
by him chofen, by the conftablesand other officers, and in every pcrfon (haJl be
behalf ordained after the like manner and form as he ftiould the (Sauary
have been in cafe he ihould have abjured this realm for any that he doth
murder or felony after the laws of the land. (6) And if after choofe.
fuch abjuration any perfon fo abjured come out of the fame ^^P- ' J*^' U
fanAuary to the which he was affigned, and be taken without ^ j^ jjie, i*
the fame fan(5tuary, not having the King's fpecial pardon or c. iS.
licence fo to do : thea every fuch perfon abjured, stna after ab-
juration taken without ianctuary whereunto he was afligned,
Ihall fuffer fuch liki! pain of death, and after like manner be or-
dered, as he (hould have done and been in cafe he had abjured
this realm for murder or felony, and after fuch abjuration had re^
turned again into this realm, contraryto the laws of this land^
II. And furthermore it is enadled. That if any fuch fanftuary- xr^gmXiy |-^
perfon fo abjured, or any other perfon or perlons, which now ^rion do'
be, or is, or hereafter (Kail happen to be in any fanAuary of coitunit any
this realm, for doing any petty treafon, murder or felony^ or felony, he ,
for being acceffiry to any fuch oflFences : or if any perfon or '®^*.^^**** £
perfon^, which at any time hereafter (hall take any fan<5hiary of ^^Jj^y?
this realm, for doing any petty treafon, murder or felony, or
for being acceflary to any fuch offences, or upon abjuration,
and fo being in fandtuary for, or upon any fuch caufe, matter or
offence, afterward commit or do any petit treafon, murder, or
felony within the fame fanAuaiy, or be acceffary to any fuch
offences, or go out of the fame undhiary, and commit any pet-
ty treafon, murder or felony, or be accellary to any fuch offences,
and after come again to the fame fandtuary, or take any other
fandhiary for the fame, every fuch perfon and perfons being in-
dited for any of the fsud caufes or offences, (hall lofe the privilege
of the fiime fan6luary by him taken, and of every other fanc^
tuary within this realm for any fuch caufe of petty treafon,
murder, felony or abjuration, and for any acceflary to any fuch
offences: (2) and that it fhall be lawful to all and fingular In what cafe
jaftices of the peace, and the high (heriff of the county, or other ^ *^^^*/
place where the fanAuary is, and to all and Angular mayors, ^^0^11^0-
Iheriffs and bailiffs pf cities and towns corporate, where fuch ^ry, amd com*
fancftuary is, and to every of them, and to the fervants, minifters muted to the
and officers, or any, or every of the fame juftices of peace, (he- g*«^-
riffs, mayors and bailiffs, in their prefence to take out of xht
(amefanouary orfanAuaries all and every fuch fan^uary-perfon
or perfons fo offending as is aforcfaid, and being indidled of the
fame} (3) and to commit or put him or them into the King's
gaol within the (hire or liberty where anv fuch indlAment is
Vol. IV. P ' found
^lO
Trial i)t Me
county of a
foreien (>1ea
pleaded in
another.
3 Inft. %j.
InwhatTaf^
a fan^iuary-
perfon xndi6l-
cd of irlony
Aippoled to '
be committed
whiUl he wu
Anno vkcfimo fecundo HkB^RtM Vlfi. !t«S30-
found againil ahy fuch {^effoh, faftly to belt^pt till they fliall be
of the fame petty treafOn, murder or'felony, or of theocceflanr
^o any Aich offisnces whereof th^ihall ba{»pen to be kididMy
conviAed, attainted, or ^ifchar^ by-^he farw. (4) Afidifnvy
perfon or perfons vfhich (hall be indicted of any petic tkcafon,
murder or felony, or of any aoceflbryto ^yfiKih offence, hap-
pen hereafter to be taken out of any fundhitfy for the-lktiie, by
authority of this ftatiite, arid^onhisorth^ir^utaignmmt plesd
fiuiAuary, according to the 6fder of the law : then it is^ttiaAod
by the authority aforefaid, -rhat'^s well the Ki^^ attmiey, as
every other perfon for the Kirtg, (hdl be admktM^to^objtd'anid
allege, that the perfon (6 arraigned, afete the'doingof die offence
or offences whereof he then is arraigncid,'4Id take privtlci^ of
fan^^ry in the fame fan6hiary whereof healkge^ him tobe takeb
out, or in any othftr plaice privileged 'Within this realm, upon,
any -abjuration, or for any other petty' tpeifofei, ftiUrder<>r felooy,
then whereof he is arraigned, and that he there had ahd enjoyed
privilege of fanftuaiy for the fame, artd that he fo'hating once
privilege of fi»i<5h}ary in the fame, <lid commit the offonce of
•petit treafon, murder or felony whereof he th^n i$ arraigned: or
that he went out of the faid lanAuary, ind eooimitted the fame
offence whereof he is ihdi<5ted and arraigned, and pray that fuch
petfons fo arraigned may be excluded of reftitution to the ianc-
tuA^ by him den^anded. (c) And in dafe the hid plea aiid ob-
' jeAkm fo Uleged, be denied by the perfon fo arraigned, then it
Is farther enfadted' by the authority aforefilid. That it fliall be
forthwith tritkl ^fore the &rne juftices,- Where fuch perfcm is fo
anraigned,~and by the ftme juit>r$ of the fame ccvOnty that fiiall
try the petty tfeafon, inurder or felony whefeof he is 'arraigned,
without faither delay, in whalfoever county or counties, place
or places of this realm the fame other taking of' fan<5hiaiy ihall
be alleged or obje6ted' to be done or had. (6) And if the plea
ibobjeiS^ed aeainft the faid perfon arraigned, be triedagainft him
1>y vefdiA of twdve Dnen, or by his own confeffion, and alfo it
be found by verdiS of twelve men, or by his own confeOion,
according to the order of the law, that heiis guilty of the petty
trea(bfi, murder,' felony, or of* any acceflky' td any fuch offei^e
whereof he is fo arraigned; that then 4ike jiAigment and execu-
' tion (hall be given and done ttpon every fuch peifon as though
he had been no fan<^4lary^' perfbn, nor had el^med of required
the privilege ^f the 6me. (7) And if toy fiich perfon be law-
fuHy aoquttted bf the petty trej^n,mut46f or ft tony whereof he
fhall be h indiAed and arraigned, then he (hall hereftored to
the fame fan<5luary out of the which he-was^aken there to have
the privilege of the fame, In like manner Us he ted before.
III. Provided alway. That if any pietfon betng or abiding in
any fan<5hiary as a fan6Kiary-perfon here;ifter, (hall liappen to
be indited for any manner of felony fuppofed4o'be committed by
him or her going out of the fame, or- doy^tber &nftuaiy, and
cdfAmitting the fame felony 'whites that he ^r fhe was ib a
fafn<Suary-per(bn, he or (he being iodidttd of Aioh felony fup-
pofQ4
I
* 53^-3 Anrid vkeTimo fcctmdo HtNAici VIII. 2 1 1
pofed tQ ht iom withoul tbd fanAuxry, (hall not be taken oat in faoauarv,
of the iaaiSuary whcrdn the fame pefton ^ali then be refident, ^*'^ ^* ^^^
before that heor ihe be examined thereof by two erf tiie King*s ^**^'
m^ft boiiQitrsUe cooncil, or bjfourjuftkes of pfeacecrfttie ihire
where the fanAuary ]s, wherein the perfon fo in€ii<5kd» refldent*
(2) And if the fame perfon fo indldlM within four days after the
lirft exaibination dd^niake fiich proof as the 'find exatniners b^
tfactr dilcretion ihaU thfaik fuffident, that tjie bme perfon was
ki the £mAuai:^ at th^ tiitie of the fidd telonj cammimd : th<n
he or (he makmg fuch proof Ihali be fufim to Teisadri ^d be
in the fame fandhiary, without any extra(ftion from the fame, the
laid indi<^ment or any thing in thrs adif above written notwith-« .
ilanding.
IV, Provided aMo, That If any ptrfon, whkh was at any In what cafe
time a fan<ftuary perfon for any petit treafon, murder or felony, [^e wfvilc*^*
obtain and have the Kin^s pardon, and thereby* oriithcrwilfi, of fanitua^
be at large and out of fandluary difcharged, or purged of that of- twice
fence or caufe, wherefore the fiuf^e #ortbn took faiiAudryi mi.
afterward do commit other petit treafon, felony or manflaughter
by chance-medly, ' and not nnmler of malice prepenfed, and
thereupon again take fan<ftuary for any fuch petit trealbn, felony
or mahdaoghter by chance-qrcdly : tnc fanie perfon (hall haye
and enjoy the privilege of fandhjary for that hh or hef other
offence of petit treafon, felony t)r rtanflaughtcr by chance-med-
ly, as the feme pcrfpn might have had &fere the making of
this ^ ; any thing m the fame at^ contained notwithftand-
ing.
V. And over this, for more fpcedy trials of murders and Trial of
felonies, be it ena6ted by authority aforefaid, That aH manher foreign pleas*
of foreign pleas triable by the country, hereafter to be pleaded ^'' ^^*"' **
by any perfon or perfons arraigned upon any ^indiftment fbriiny
petit treafon, murder or febny, fliatl be forthwith tried before
the fame juftices afere ^hom fuch perfons (hall be airaigned,
and by the fame jurors of the fanfie county that (hall try the
petit trcs^on, mviyder or felony whereof he (hsrtl be fo arraigned
without any ftirther Mi(^it or delay, in whatfoever eounty or
counties, phoe or plaeeg of this pealm, the matter of the mme
pleat befuppofed or alleged.
VL And that no peribn arraigned for my petit treafon, mur* Bro^ challenge
der or Meny, be from henceforth adtiittted to any peremptory J/^v-
challenge above the number of xx. (1) This aft to endure to atl^^^aay
tbe endof the next pariiament. * challenge
VII. Provided always. That no perfon or perfons be here- above xx.
^fter exclude, or in any wife hurtcd, to have and enjoy any St. jiH.a.
privilege of ftnAuary for any offence or offences, bcinff of any c. i-^^^
higher nature in the law than the offences and caufes fpecified P^P
in this a^ be; but that every perfon and perfons for fuch of-
fences of bieber nature, may have and enjoy privilege of fanAu-
ary, in as ilee and liberal manner, and atter fubh form as
they might have done by the laws and cuftoms of the realm
afore the malting of this. a<5t, any thing in this aA to the
P 2 ' contrary
2 1 2 Anno viccfimo tcrtio HENRiCt VIII. t ^ 53 ^ •
contrary hereof notwithftanding. Conttnuid if 28 H. 8. c. i. ^
iy 32 H, 8. c. 3. made perpetual : hutfe much ofthisjiatute as cm^
% Waw. 38,3f. eemetb ahjureaperfons and fanHmrieSj or ordering or governing ef
perfons atjured, <md infan&mry^ is repealed b^ i Jac, i, c. 25, (i
21 Jac. I. C.28.
CAP. XV.
E XP« '^^^ Ktng^s general pardon to his fpiritual fubjeds, of all offen-
. <es, committed againft the ftatutes of provifors, provifions,
. and premunire^ and all other penalties, forfeitures, pains,
except treafon, murder, robbery, Ve.
CAP. XVL - >
%X?0 The King's pardon to his temporal fubje£ls, of all (fences
committed againft the ftatute of provifors, proviiions, and
premunire.
Statutes made at Weftminfter Anno 23 He N. VIII.
and Amo^ Dom. 1 53 1.
THE King our fovereign fori Henry the Eighbj by the grace
of God King of England and of France, defender of the
faith^ and lordoflrtl^nd, at tbefoffion of his high court of parlia^
ment^ after divers prorogations holden at Weftminfter the fif-
teenth day of January, in the xxiij. year of his noble reign j to the honour
cf Almighty God ana holy churchy and for the common weal and profit
of this his realm J by the affent of the lords fpiritual and temporalj and
the commons y in this prejent parliament affembledy and by authority of
the fame y hath ordained^ efiablijbedj and ena^ed certmn goodfiatutes^
laws, and ordnances, in manner and form following.
CAP. I.
An a£l concerning conviSs in petit treafon^ murder^ &cc.
J £. T. cri. \X/^^^^ ^' ? parliament holden at Weftminfter in the third
ClcFCT not aj- VV year of King Edward the, Fir/l^ the fame King^monkd the
^^ *** ^y Relates of the realm^ and them enjoined upon their faith that they
afiSdcacon.'^ ^^^^ '^ ^'^' '*^^ ^^ ^^ '^f^ ^^^fi^^ deliver thofi ckrks^ which were
indi^edfof^felony^ without due purgation^ fo that tbefitid KingfiMd
have no need to put other remedy in that betialf\ i z) mid that noiwitb^
flanding after that monition^ divers and many cierbs conviif wereac^-
cujiomably deliver edy and fisffered to make their purgations^ to the
great courage of evil-doers :
il H. 4. c. 3. n« By occajion whereof afterward^ at another parliament bolden at
Weftminfter in the fourth year of King Henry /A/ Fourth^ upon the
complaint of the commons, the fame King Henry the fourth thenadmr-
t\fed the prelates of the realm of the premifies^ intending then to have
provided remedy by authority of the fmd parjiament^ as appertained
to his prerogative royaly for the confervation of the peace of the
' crown \ {2) at which time the archbijbop of C»iterbury, for him^^
felf and all other bifbops of his prmnce^ then openly pronnfed to the
^53^-3 Anno vkcfimo teitio Henrici VIIL tij
fame King Henry the Fmrih^ That if any pirfmfrom thenceforth 'Hjc promife
tvere unvtcf of any treafon which touched not the King nor his royal J^ *e ffine?or
Majejiy^ andfuch as were notoriotify known and reputed for thieves^ thcfafc k^-
and for fucb caufe delivered to any ordinary as a clerk convi^j that ing of nototl-
the ordinary to whomfuch perjhn or perfons were delivered^ Jbould oui efficndcri
fafely keep them after the effed of a conftitution provincial^ ^^'^f^^^n
made by thefaid archbifiop and bijhops after the effect of the letters of ^^^^"^ •
Simon, then afore that time archbijbop ^Canterbury, bearing date
ibe xij. calends ^March, theyear of our Lord God M.CCC.L. (3)
jtnd that nofuch traitor nor felon Jbould make his purgation againft
the faid conjlitution ; (4) which conjiitution the faid archbijhop then
promifed to deliver H the fame Ktng before his next parliament ^ to
the intent that if it Jbould Jeem to the fame King^ that the fame con^
Jlitution were notfufficient remedy for the pretmjfes^ that then the
faid King might provide fuch remedy as findd appertain in that behalf — . ,.
C5) Sithen which timcy the fame conftitution was never notified «^ryA^ufcin
Jbewed by the prelates of this realm j but continually Jithen that time (ufferinenoto..
manife/i thieves and murderers, indited and found guilty of their nous fcToni tp
mifdeeds by good and fubjlantid inquejls, and upon plain and provable ^^^ P«rg»-
evidence before the King's ju/HceSj and afterwards by the ufages ef^^^
the common laws of the md delivered to the ordinaries as clerks con^
vi^j be fpeedily and baJHly delivered and fet at large by the mi^
nijlers of thefaid ordinaries, for corruption and bure j (6) or elfe
beccufe the ordinaries, enclmming fuch Offenders by the liberties of
the church, will in no wife take the charges infafe keeping ofthem^
but little regarding the trial and convi^ion of tie faid offenders by
the due and plain courfe of the common laws of the land, do fs^er
them to make their purgations by fuch as nothing know of their mif
deeds ; (7) and by fuch fraud aankl and make void all the good and
prov/Ale trial that is ufedagainjl fuch offender by the King's laws, to the
great Jlander of fuch as purjue fuch mijdoers, and to the pernicious •
example, increa/e, and courage of fuch offenders, if the King's high-
nefs, by his authority royal, put not fpeedy remedy in the premies ^
as appertainetb :
III. Be it therefore enacted by the King our fovereign lord, Co. pi. f. 351.
and the lords fpiritual and temporal, and the commons^ in this ^^^t ^^^?
prefent parliament affemblcd, and by authority of the fame. That p^IJ^^IJhich
noperfonnor perfons, which hereafter (hall happen to be found docommit di-
guilty after the laws of this land, for any manner of petit treafon, vers ofFenoes.
or for any wilful murder of malice prepenfed, or for robbing of Extended to
any churches, chapels, or other holy places, or for robbing otany ^bci«t£rob-
peHbn or perfons in their dwelling houfes, or dwelling place, bery.&cwas*
the owner or dweller in the fame houfe, bis wife, his children notoommit-
or fervants then being within, and put in fear and dread by the ted.
fame, or for robbing of any perfon or perfons in or qear about the ^ ^"*' ^^ ^^'
highways, orfot wifful burning of any dwelling houfesv or bams "|d. 6. c. ii,
wherein any graun or com (hall happen to be, nor any perfon Kelyiig,67,6si
or perfons being found guilty of any abetment, procurement, ^9-
helping, maintaining, or counfelline, of or to any fuch petit ^^' "*'
ireafons, murders, or felonies, (hall from henceforth be ad- Extended* to
l|Uite4 to the benefit of his or their clergy, but utterly be ex- robberiniA
P 3 eluded
ti4
hoethsor
tents, &c. by
}&6£d.6.c.9.
I Battr. ii».
p9one within
holy orders,
coftvi&of
murder, &c.
fhall make
purgation,
unlefs he be-
come bound
vith furcties
for his good
tbearini;.
Anob vicdimo totb Htmaici VIIL VSi^^
dtfded thereof, anid iuffer death in fuch miitoier and fbnn, as
they (hould have done for any the caa&s or oflfences aborefaid,
if they were no derks ; (bch as be within holy orde«S| that ta
tofiv, oftbe orders of fiib-dcacon, arai;>ove, onlyeitcept.
Iv, And he it further enaded by authority atorciaM, That
every fuch perfbo or peribns wUbin fuch ordtrs of fub«deacon»
or above^ which at any time hereafter foe found guilty <^ any
ftiit treafon, or of any murder of malice prq>enfed, or <^ any
of the fieloaies above reheartbd, or of any aoceffiuy to petit
treafpn, wilful murder, or to any other the Monies above fpe-
cified^ and tdknitted to his or thdr clergy, and delivered to the
ordinary for the bmti fhaH not in any it'ik from henceforth
be fuffcred to any purgation, nor be fet at liberty, but remain
and abide in perpetual prifon, under the keeping of the ordi-
iiaiy, td whom he ffiall be committed, and his fuccdfers,
without any manner of purgatbn during the natural l^e of
every fuch convid, (i) except only fuch pcrfcn or pcrfons fo
' being Within fuch hoiy orders, and convid of or for smy of
the offences afore(aid, and delivered to the ordinary for the
feme, do find two ftiAcient fureties by recognisance befbre two
.of the King's jufticcsof his peace, within the fame (hire wherein
, the petit treafon, murder, or felony, whereof he was convided,
y^^s committed axid done, whereof one of them to be of the
{uarum9 tliat fuch convlefl Ihall be of good abeanng aeainft the
[ing our fovereien lord, his laws and &ibie6ls, every hMih coq-
vi6l to be bound in the fum of xl. U« and every his fureties in
Of whatcftatc.xx. Ij. (3) and Hut no furety be taken, unli^ foch' as may
fball bcT*** difpend in lands, tenements, or hereditaments yearly, above
all charges, of eftate of tnlteritance of charter-hold, s^cvi. s.
viii. d. or elfe be worth xx. li. in moveable fubOance at the
time of the taking of fuch vecognifance; (4) and that two juAices
of peace, whereof one to be df the quorum^ by authority aifore-
faid, have power and authority totakefiicb recognisance; (5)
and that the faid jufticcs, afore whom any fuch recogniGince
(hall be takeYi, ftall certify the fame into the King's bench,
within four months next aiter the taking thereof, upon pain to
lofe and forfeit C. s* for every default thereof^
He that is at- V, ftovided alway, That this z&. ej^end not to give any
taint oliclony benefit to any foch perfon or perfohs, which, after their con-
KuriaUon ^^^'""^^ ^ iudgmcm givtai acainft them, of or for felony, or
* * ' murder, or after they be outlawed for any fuch caufe, be ad-
mitted to their clergy, and delivered to the ordinary for tlie
fame, but that they and every of them Ihall remam in the
cudody of the ordinaries without making purgation, upon fuch
peril, and in fucb manner and form, as it was ufed by the com-
mon law before the making of this prefent z6t ; this aA or any
thing therein contained notwithftanding,
VI. Provided always, and it is furaicr ena<Scd, That every
rif^S ^''^^"*^> ^ whofe cuftody any fuch convid for any of the
;^m to tjie offences above rehearicd (hall be committed, may at his liberty
k«i)g> b^cU. difgrade every fiicb convid after the laws of the efaurch, if he
6 fee
K^ ordinary
may desrajie
a cunvici
JSS^'J- Aflna vicefimp tertio Henrici VIII;. xt^
fee caufe lb to do, and fend the convidt fo difgraded^ in fure
and^ fafe keeping, into the King's bench, with a certificate
under his fcal, teftifyiog the feid difgrading, (2) upon which
tHe juftices of the King's bench, having afore them the record
upon which die faid perfon fo difgraded was firft convidb, fhall
give fuch like judgment of death upon the fame record, againft
every fuch perfon fo convift, and difgraded, as the juftices .
afore whom he was convift might have done, if the faid perfon
fQ difgraded at the timis of his conviction afore them had been
no clerk, his adipiffion to his clergy, and committing to the
orcfinary, ne any other thing, ufe or cuftom to the contrary
hereof notwithftanding ; (3) and that every fuch judgment (hail »i Co. 30.
be executed accordingly ; ^4) and that every ordinary fo fend- *| J" \ ^' ^*
inc any. fuch conviA difgraaed into the King's bench, (hall be MadcpcroeV
difthargcd: again(t the King our fovereign lord, his heirs, and tualby jiHtS,
fucceflbrs, of or for any further cuftody or keeping of the fame c. 3.
coavi(5t, (5) this ad to continue imto the laft. day of the next
parUament.
CAP. II.
For the making of gaols within the realoi where none be, or Viac5El.c.54.
where they l^ weak or feeble. Where, and after what man- Exp- 13 El.
Her g^ols mall be made. Thp juftices (hall tax the inhabi- c-*s-
tant$ of the county for and towards the building of the gaol. ^*^p 7^5*
Colledors for the gathering of the money taxed, and their
authority. Shall appoint' two furveyors to fee the gaol
builded. The collectors and (urveyors account, and their
puni(hment if they do not. How tne overplus (hall be be-
flowed, the ^aol being fini(hed. Corporate towns which
have gaols within themfelves. The collcAors and furveyors
allowance for their pains. Felons (hall be imprifoned in the
laid common gaol, which (hall be kept by the (herifFs^ and
repaired by allowance out of the exchequer. A provifo for
them which have any eftatc in gaols. Continued by 33 H. 8.
c, 17. 37 H. 8. c. ^3. I Mar./ef. 2. r. 14. and further con-
tinued for ten years by 13 El, r. 25.
CAP. III.
Jn aS ag^infi perjury and untrue verdiSs.
THE King mirjwereign lord of Us moft goodhfond gracious dif^ nu, 7. c. 24.
pcfitiorty calling to his remembrance how that perjury in tens 3 Inft 164.
land is in manifold caufes by unreafonable means detejlably ufed^ to the
difiytritance^ and great damage of many and great numbers of his
fubje£ls wilUdifpofed^ aitd to the moft high difpleafure of Almighty
Gody the good ftatutes againft all officers having return of writs and
their deputies^ making panels partially for rewards to them given^
againft unlawful maintainerSy embracers^ andjurofs^ and againft ju-
rors untruly giving their verdiil notwithftanding ; for reformation
whereof andforafmuch as the late noble King Henry the Seventh
provided remedy for the fame by aftatute made in the eleventh year
of his reign y which ft atute is now expired:
. P4 ' 11. Bt
»i6
Anno viccfimo tertio Henrici VIII. [1531,
inan*s life,
Dyer, Si.
Co. Lit. «94-
Cro. £1.350.
Moor» 17.
The proceft
in attaint.
Every of the
grand jury In
See 3;^ H. S.
c. 5. r. 3. for
)arort in at-
taint; and
4&5NV.^M.
c. A4- for
Attaint where Bf. Be it therefore now enaAed by the King our fovcrcign
d'' *i"d «? '^"^' '"^^ *^ ^^^^^ fpiritual and temporal, and the commons
tenddii to ~ ^" ^' prefent parliament aflembled, and by authority of the
7l\. 1. and con- fame. That upon every untrue verdift here^er given betwixt
ccmcth not party and party, in any fuit, plaint, or demand, before any
juftices, or judges of record, where the thing in demand, and
verdiA thereupon |iven, cxtcndeth to the value of xl. 11. and
concemeth n<$t the jeopardy of man's life, to the party srieved
by the fame verdiA (hall have a writ of attaint againft ever)-
perfon hereafter fo giving an untrue verdi6b,and every of them,
and againft the party which (hail have judgment upon the fame
verdidt; (2) and that in the fame attaint there (hall be awarded
attaine'miiftbe againft the petit jury, the party, and the grand jury, fummons,
worth twenty rcfummons, and diftrtfs infinite, which grand jury (hall be of
i^^H.V.c.c^ '"'^ number as the ^and jury is now in atuint, and every of
- ' them that (hall pafs m the fame, (hall have lands and tene-
ments to the value of twenty marks by the year of fi'cchold,
out of the ancient demean; (3) and upon the diftrefs, which
(hall be delivered of record upon the fame, open proclamation
to be made in the court there ; (4) the diftrefs (hall be award-
furors in other ed more than (ifteendays afore the return of the faid diftre(st
adHons. ^nd every fuch diftrefs (hall be made upon the land of every
wS Jdwi*! ^f *« f«»^ Fand jury, as in other diftre(res is and hath been
The grand * "fed j (5) and if the (aid party defendant, or the petit jurors,
lury awarded or any ot them, appear .not upon the diftrefs, then the grand
by default, jury to be taken againft them and every of them that fliall (o
pclft^urJ in ^^^^ ^^f*"'^ > (6) and if any of the faid petit jury appear, then
attaint. the p^rty copiplainant in that behalf fliall affign the falfc
Raft. pi. f. 9*- fercment of the firft verdiA untruly given, whereunto the)' of
Kcl. 55. the petit jury (hall have no anfwcr, iif they be the fame pcr-
37h!7.^c.'c. ^^*^*» *"^ ^^^ ^^^» proccfs, return, and a(fignmcnt good
- • . -* 5* ^^ lawful except that the demandant or plaintiflFin the fame
attaint bath afore been nonfuit, or difcontinued his fuit of at-
taint taken for the fame, or hath for the fame verdi<a, in
a writ of attaint, had judgment againft the (aid petit jury, l>«t
only that they made true ferement, which i(rue (hall be tried
by twenty four of the faid grand jury ; (7) and the party (hall
plead that they gave true verdid, or any other matter which
Ihall be a fufficient bar of the faid attaint 5 (8) and that pica
notwithftanding the grand jury to be taken without delay, to
enquire whether the firft jury gave true verdid or no,
IIL And if they find that thcTaid petit jury gave an untrue
yerdi<E^, then every of the faid petitjury to forfeit xx.Ii, where-
of the one half ftiall be to the King our fovereign lord, and the
other half to the party that fucth.
IV. And over that. That every of the faid petit jury (ha»l
f^veraliy make fine and ranlbm, by the difcretion of tlic jufti^^
before whom the faid falfc ferement (hall bi? found, after thcic
feveral offences, defaults, and fufficlency of every of the faid
, thofcof the faid petit iurj fo^
pleas of the
ciefendant in
iictaint.
foifcittireof
t he petit jury
attainted.
pyer, aso.
Iftheplcaof petit jury; (2) and after that.
tiic party dc- attainted (hall never after be in any credence, nor their oatn
' ac-
* 53^-1 Anno viccfimo tertio Henrict VIIL il7
auxepted in any court ; (3) and if fuch plea as the party plead- fendant be
eth, which is a bar of the faid attaint, be found, or deemed J?""^ ^gainft
aigainft him that fo pleadeth, then the party that fo fueth, (hall R^'^pu f g^
have judgment to be rcftored to that he 16ft, with his reafonablc '^ •' ' ^
<:ofts and damages.
V, Forefcen'alway,That any utlare in a<fHon or "caufe perlbnal. Outlawry or
or excommengement pleaded or alleged in the party plaintiff or excommuni«
/demandant, (hall be taken but as a void plea, and to that he (hall cation noplca
not be put to anfwer ; (2) and that in all th6 aforefaid procefs !JS^°^i^
fuch day (hall be given as in a writ of dower, and none cflbin attaint. "*
or protedlon to Ue, 'nor to be allowed in the fame ; (^) and Forfeinireof .
if the faid grand Jury api>ear not upon the firft dKbrdTs had thcgrandjury
againft them, fo that the jury for their default do remain, he 2*i^"f ^"
that maketh default (hall forfeit to the King xx. s. and upon the ^l^ance.^
fecond diftrefs xl. s. and after making derault, for evoy fuch
default v.li. and like penalties and forfeitures to be againft
them, and every of them, that (hall be named in the TaUs^
as is before exprefted againft every of the faid grand jury afore-
iaid ; [4} and that for and by the death of the party, or any
of thetoid petit jury, the faid attaint (hall not abate, nor be de- How long the
ferred againft th?. remnant, as long as two of the faid petit jury ^JSainablc.
be alive.
VI. And if hereafter any falfe verdift be given in any adion. Attaint of a
fuit, or demand afore any juftice or judge of record, of any thing under
thing pcrfonal, as debt, trefpafs, and other like, which (hall the value of
be under the value of xl. li. that then the party grieved (hall J}" ^'^ ^^^
have attaint, with fuch procefs and pleas as is adfore rehearfed, ^ Icon, tj^*
and delays to be taken away, as is afore remembered ; (2} ex-
cept that in this cafe of attaint^ every perfon of the grand jury
that o^ay difpend v. marks by the year of freehold out of ancient
demean, or is worth an hundred marks of goods and chattels,
(hall be able to pafs in the fame attaint. (3) And if the petit
Jury be attainted, that then they (hall in this cafe of attaint every
of them to forfeit v. li. whereof one half (ball be to tlie King,
and the other half to the party, after the form afore rehearfed,
and over that to make fine and ranfom by the difcretion of the
juftices, as is aforefaid.
VIL And if there be not perfons of fuch fufficiency within Tales in ano-
the (hire or place where any of the faid attaints (hall be taken, as ther county if
may pafs into the fame, be it ordained by the authority above- J?**r*. ^ ^^^
faid, Tfiat then one Tales ftiall be awarded into the ftiire next {foSin Sc
adjoining, by the difcretion of the juftices afore whom the fame famecoiuitj.
attaint^ (hall be taken, which (hall be warned to' appear upon
like pains as aforefaid, and enabled to pafs in the faid attaints,
as if they were dwelling in the (hire where the fame attaint (hall
be taken. (2) And that the fame laws, adion and remedy or- An attaint for
dained by this prefent afl, be kept for and to all them that J»«m »" revcr-
(hall be grieved by fuch untrue verdiAs of any inheritance in ^JjJIn^g^*'
^efcent, rever(ion, remainder, or of any freehold in reverfion
or reiAainder. (3) And if the party in attaint given by this ^ (• • •
^ be nonfuit, or the fame diicontinue, that then the fame attaint! ^
party
ai8 Afwo^viccfimo-toodQ Hbneici VIIL [rfjiJ
' party fo nonfuit,. dr fo difcontimijng the faid attaint, make fine
and ranfom by the difcretion of the juftices afone whom the fajd
attaint Ihall be taken and depending.
Aicaiiits mult ^ni- And that all attaints hertefter to be taken, fliall be
befued in the taken afore the King in his bench, or afore the juftices of the
King's bench common place, and none in other courts.; (2) ancl that mfiprius
SbSfc"**™ (hall be granted by difcretion qf the juftices upon the diftrtfs ;
bwr, lOft. (3) *^<J cvcnr of the faid petit jury may s^jpear, and anfWer by
Moor, 17. attorney In the (aid attaint ; (4.) and that the moiety of the faid
P^- ^* forfeiture of the petit jury (hatt be levied to. the vjk of our fo-
minmm ^^™ff^ ^^^^ ^^^ *^"6 '^y ^^f'^^ ad fatisfaciindum^ or fieri fi^ or
ammtT digii^ or by action of debt againft every perfon of the ijcdt jmy
Attom^ in fo forfeiting, and againfl! , nis> executoz:» and adminifhators,
attaint. having then fufiident goods of their (aid tefbtor not adminiftred,
and the other moiety fiiall by Tike procefs be levied to the ufe
of the party that fuetn any a,ttaint given by this a6t agginft every
of the fai.d petit jury and his cx^utors or adminiftrators, havine
then fufficxency of goods^ as is aforefaid, DOt adminiftred; (5/
Judgment ^ ^xiA the judgment of reftitutipn to the party grieved fuing
f^^j^^this aa, and cxecutioo, thereof to be had, and Kke judgment
for the party defendant, or tenant,, t0 be difchargcd of rShtu-
tion, as afore this pre(eht 2& in cafe of a ^r^nd attaint hath
The nonfuit been ufed» (6) and if there be divers plaintiffs or demandants
one^'SntTff ^ ^^aint, that the nonfoit or relcafe of any of them (haB not
ftiaft notpre- ^ '^^ ^^y ^'^^ hurtful or prejudidal to the refidue, but that
judice hi* they and every of them in fuch cafes ma^ be fummoned and
companions, fevered, like a$ it is ufed when there be divers demandants in
adions real. .
IX« Be it alio ordained and enaded by the authority afore-
^id. That in every writ of attaint hereafter to be taken by or
upon this a6t, the which (hall be fuch as other writs of attaint
be, and after the Tefie of the fame writ (hall be written theft
words, in Latin : Pn Jiatutum cQntinmtum ufque annum vittpmm
Urtivm damini HtMr' oSfaviy Dei gratia Anglia V Francis S^h
fidii difiuC V dpmini Hitfrni^f.
Continued 3 J X. Audit is alfo enaaed, That this aft (hall take effeafor
H. 8. c. 17. verdias hereafter to be given, and to continue to the laftday of
&37H.«.c.»i. the next parliament.
mSl^M ^- Provided alwav. That this aa be not prejudicial to a
attaint upon Astute nude in the eleventh year of the late King of famous
Raft. pi. f. 84.. '^po^ ^'^y untrue verdia given in any courts of the fame city»
Dyer, aoi. to fue tneir attaint upon this cftatute, or elfe upon the faid
37 H. 8 c. 5. eftatute made in the faid eleventh year, at their own pleafurcs
^^^y^X: and wills.
tuatby 13 El
c.15.
CAP-
I S3 X 1 Arnio vkcfim^ temo HBNitici VHl. % 19
C A P. IT.
yfn aff concerning new making of tarrelsy kilderkins^ and
other veffilu
WHEkE /Ar tdi^hrewers and ieer^brewen of this realm of
England have ufedj and daily do ufe^ for tpeir Qfumfingtdar
kicri^ profit^ andgain^ to male in their mm houfts their barrelsy JHl^
dfrkinSj andfrHnSy ofmuthkfs quantity^ content^ rate^ andaj/izethan
they Might i& *f, to the great burtj frefudieey and damerge rf the
Kin^s liege fe^Ui and tmtrar^ to eBvers a£ff^ Jiatutet^ ancient latins
and tu/ioms heretofore madty iad^ and ufedj and to the dtftm^ion
tftbepoor erafi ormyflery ^coopers : (2) For refomu^tlon where-
of, be k dnaded by the King our foyereign lord, the lords fpi- No brewer of
ricuat and temporal, and the commons, in this prefent par- J^f.^f^f^'l^
fiament aflembted, and by withority of the feme. That noJ^X'Slrff*
beer-brewer nor al^brewer, that (haJI brew to fide beer or ale, c<»p«^ nor
fhsdl finoffi heneefefth occupy by htmfelf, nor by any other to make any bar*
his ufe, in his houfe, nor clfewhere, the myftcry or craft of '^cl** *c.
coMars, nor make any barrels, k3derkins, firkins, or other
veilels, by hknfelf, nor by his or their own fervants, whereby
they (hall put tbetr beer or ale to fale; (3) but that all ibcn
barrels^ k'ddierkins, and ether vefleb of wood, wherewith they
fliall put their beer or ale to fide, <ha]l from henceforth be made
and marked according as hereafter (hall beexprefled, bv the com-"
inon artificers of coopers, exerciled and pradifed in the laid oc-
cupation, upon pain to forfeit and pay for erery fuch barrel, kil-'
4erkin, firkm, or other ve(!el hereafter to be made contrary to
the tenor tif this aft, three (hilltnj» four pence.
n. And be it alfo enadted, TTiat ev«ry artificer of the craft ^ -y - .
or myftery of coopers, that will exercife or praiHfe to make ajjdb^„^f^
any d( the faid veiftls for beer or ale to be put to (ale, (hall make be made of
the fame veflels, and every of them, of good and feafonable feafonable
wood, and put his proper mark upon every of them ; (2) and wood^nd
that every barrel for beer (hall contain xxxri. gajfons, every xhc contents
kilderkin for beer xviij. gallons, and every firkin for beer ix. of barrsh,kil-
gallons, cf the King's ftandard gallon ; (3) and that every bar- derkins, ftc.
rel fbr ale (hall contain xxxij. gallons, every kilderkin tor ale
xvi. gallons, and every firkin for ale viii. gallons, of the
Kind's ftandard gallon ; fo that they (hall be of good and juft
mealure, or elfe above, and not under, (4} And that no •
cooper (hall make any other veflel for beer or ale, to be fold
within this realm, of any greater or lefier number of gallons than
is abovefaid, imlefs he mall caufe to be marked upon every ^
(uch velTel that he (hall fo make of greater or lefier number of
gallons, the true and certain numtev of as many gallons as
every fijch other vefiel (hall contain, to the intent that every
perfon may know the content thereof
III. And that no fuch artificer of coopers (hall inhance the Prices of bar*
prices of any fuch barrels, kilderkins, firkins, or other vefiels, rels, kilder*
in the fale of them to any ale-brewer or beer-brewer, or other j^!»^ *nd fir-
perfbn, but keep the rates of fn^ prices as bcrcstftcr enfueth, '^^'^''
and
220 Anno vkefimo terdo Henrici VIII. [iSSn
Rep. S.EI.C.9. andjiot above^ upon pain to forfeit for every barrel, kilderkin,
and farther jjjd firkin defedive, or inhanced in price, in any point oontn-
ladng ^mo. T ^ *^* **» "J* ^' 4" ^' *^^ ^* *^ ^^T > ^^^ ^^^ becr-barrd ix.d.
' for every beer-kiUerkin v.-d. and for every beer-firkin iii. d. and
the ale-barrel xvi.d^ and the ale-kilderkin ix.d. and the ale-
firkin V. d.
Veflelsofalc IV. And be it further enaded by the faid authority. That
***"^^^^ no beer-brewer nor ale-brewer, at any time after the fcaft rf
cooper. ^ * Lammas now next coming, (hall put their beer or ale to &lc to
any perfon or perfons to be fpent and occupied within this realm,
in any other barrels, kilderkins, firkins, or other veftis of
wood, other than (hall be made and marked by an artificer
of coopers abovefaid, whereof every barrel for beer (hall con-
tain and hold xxxvi. gallons, everv naif-barrel or kilderkin xviij.
Sallons, and every firkin ix. gallons ^ and every barrel for ale
lail contain xxxij. gallons, every kilderkin xvi. gallons, and
every firkin viij. gallons of full and juft meafure, or above, and
not under that meajfure.
Prices of ate V. Aod that every beer-brewer and ale-brewer ihall not take
and beer afielT- over and above for every fuch barrel, kilderkin, or firkin of ale
ed by jufticcs g^j \y^^^ j^y^ ^^^ fy^j^ pviccs and rates as (hall be thought
oth«-*officen. convenient and fufficicnt by the difcretions of the ju(Viccs of
Kcll. 103. ' peace within every (hire where fuch beer-brewer and ale-bjrcwcr
Cro. Car. ^i». (hall dwell, without any city, borough, or town coiporate,
iKoU. 5o.pi. where no head-officers, as mayors, bailiffs, (herififs and other
' • head-officers, have none authority or rule ; (2) and every city,
borough, and town, where there be mayors, (heriflTs, or other
head-officers, the fame rates and prices to be named and.fefled
by them and every of them by their difcretions. (3) And th;^
the (aid ale-brewers or beer-brewers at any time hereafter (hall
not fell their beer nor ale at any higher rates or prices than (hall
be to them affizned after the form above reheaifed, upon paio
to lofe and forteit for every barrel fo put to fale contrary to this
cftatute, vi. s. for every half-barrel or kilderkin, iii. s. iv.d, and
for every firkin, ii. s. {4) and for every ve(relconts^ning greater
number of gallons, x.s. and for every other veflel containing lefier
J Vem. H.«. puipber pf gallons, xiv d. The one half of all the which pc-
jiajties 5Uid forfeitures to be to the King our (bvcreiga lord, and
the other half to him that will fue for the fame by a<9ioii of
dpbt, bill, plaint, or information in any of the King's courts 5
in which adion ^d fqit the defendant mall not wage his Jaw,
nor any efToin, prote^ion, qr privilege, to be admitted.
Soficraakew, VI. Be it alfo furthpr cnaded by the faid authority. That all
manner of fopemakers, withi^ this realm of England, which
(hall put to fale any fop^ by barrcJ, half-barrel, firkin, or other
veflel, fliall from Lammas ppw next coming, make or caufe to
be made their barrels, half-bsMTcis, (irkiqs, and other velTcls,
according to the rates, contents, weights, and a(fifes of old iivi^
The content ufed and accu(bmed j that is to fay, every empty barrel to hold
f"^ ^\^it\ ^^ contain xx3fii. gallons, or above, and. to be m weight xxvJ.
ope vc e 8. pQy^jg^ jj^j jjQ jr ag-Qve, of full ^nd juft ^eafurc ^ apd evcnf
1 53 X -3 -^'^o ^icclimo terdo Henrici VIII. 22 1
half-barrel empty to be in weight xHj* pound, and not above,
and to hold and contain xvi. ^lons, or above ; and every fir-
kin empty to weigh vi. pounds and a half, and not above, and
to hold and contain viii. gallons, or above, upon pain of for-
feiture for every fach barrel, half-barrel, firkin^ or other veffd
hereafter to be made, had, or ufed contrary to this z&y
ill. s. iv. d.
Vn. And alfo be it enaAed by the authority aforefaid, That
the wardens of the occupation or myftery of coopers within the
city of London^ from henceforth at all times hereafter, when
they (hall think convenient and expedient, taking with them an
officer of the mayor's, (hall have nill power and authority, by Wardens oF
virtue of this ad, to fearch', view, and gaujge all manner of ^^^^^1^"^^^^
fuch barrels, kilderkins, firkins and other veflels to be made or doiu
occupied for ale, beer, or fope, to be put to fale within the
city of Lmtbfh and fuburbs of the fame, and within twq
miles compafs without the fame fuburbs, to view and fee that
the fame barrels, kilderkins, firkins, and other veflels, as welf
within liberties as without, be made and marked well and fuf-
ficiently, and bear and contain their true contents, rates, knd
meafiires, according to the efFed of this eftatute ; (2) and alfq
to mark every fuch barrel, kilderkin, firkin, and other veflel \
by them fo viewed and gauged, bearing and containmg their
true contents, with the fign and token of Saint Anthonfs crofs.
(3) The fame wardens to have for the fearch and gauging of
every fuch barrel, kilderkin, firkin, and other veflel h^ them
fo fearched, viewed, gauged, and marked, one farthing, and
not above, of the owners or makers of the faid veflel» ; and
ihall and n(iay have authority, by virtue of this aA, to retain
every fuch veflel as they fliall fo |auge, fearch and mark, untif
foch dme as they (hall oe fatisfied thereof ; (4) and in cafe they
fliall find any of the faid veflels defeAive, not bearing their
true contents, that then by authority of this aft they may feife,
take, »id retain every fuch veflel, and caufe the fame to be
marked or amended according to the true content, or elfe
caufe the fame to be burned,
Vni. And alfo the party, owner of fuch veflel, to lofe and
forfeit for every fuch veflfel not being of the full contents after
the rate above exprefled, xtt. d. to l^ recovered and employed
as is adxivefaid.
IX. And be it further enafted by the faid authority. That in seaith of
all other cities, borouebs, and towns, wherein no fuch war- coopen in o-
dens of coopers be, that the mayors, fheriffs, bailiflfs, con- thercitiet,bo-
ftahles, or, other head officers in fuch cities, boroughs, aod f?"Kl*«» ^
towns, (hall have power and authority to fearch, yiew, and '"^"**
gauge all fuch barrels, kilderkins, firkins, and other veflels to
be made hereafter in any fuch city, borough, or town, and to
have, and take all fuch advantage thereby, and in like manner
and form, as the wardens of coopers within the city oi London^
or other perfom by this aft ihould or may have or take on
every behalf . .
Abe^-brewer X.'PiovJ<bd al«ay«» Th»t eveiy hMf-lsfcwer may Ixepia
SooerTo * ^ '*^*^ ^"^ ^"^ ^^*^ fcrvapf» of thf 9ivAery of craft of coop-
boop and a- ^<^» ^ '^^^P vid niQfliDd his bands, kildwdm, firkins, nd
mend hxsbar- ptber voflels, wtn^rein th^y iluU pit their beor to fale from
rels. time to timtf thi$ aA or ai|v^4Ung tiMetei tontainod tp tk
contraiy in ^ny wife fy>tivitUtwi<iingf
The penalty XI. And be it Airther enacted by the iaid authority, That i
^<>.rt^ls (u- any ^ejtfon^ m aay tfine 4iAer |H» Ui4 f^^tk of Lammas next
™^'^^^' Goming, dQ oiioia^ or cwjfis to be Bui>ifli0d» aoy tmnxKraC
banrel, kiUtrki^, w SxiWf ^ Ap doeek of any m the Kirk's
iubjeAs, by fea(m of t^ng out the bead of fmy Aich vefle], of
taking out of any (laff ^ut of Iram aoy fiicb vefleU that then
eveiy fuch v^flel to bt bufnt^ and the oflfeiider to foiieit fbr
evieay iucb QiSence iii.^ iy.d. tbe one ipoiety thereof to be to
the KlifYg PMr favensi^n ferd, and tbe other moiety thereof to
him or thsBi of the Kiiig's fubj^cfU that mU fup for the fame,
to be xcoqv^vpA in «i9iHier aad ferm above rehearfiMi ; (2}and
the party h ol^ending to be fynkpr fumAicd by the dilciBtiaa
of the headr^csr or oSiacfPs, Wbra whom fuch defiiult flnli
beprefented.
An ale-brewer XII. If is engdte^ by the authority^ this prefent padsameot,
may keep a That notwUbftafidiflg «iy thiftg opnfiiiiied in this ad of brew-
cooper, ^yj ^ coopers, wbeffunto this fobedule is aimexed, it Avail
be lawful for every ale^bfe^r^ OBentioned in the fstonB aA, to
have and ret^iii^ in hi^ fefvice ooe pcrfoa of the cnyfiery ot
^nit of coopers to mafcib^ in his (ervice the craft of acooptf
only in bin£ng, .hqopingi. )nd pinning bis mafter's ale-ve^
Wis reqtcd )»y the £u4 fidt nnd in. none othenttfe to ufe or ex^
erdfe:any nM^g of vilflols eonQcmin^ the craft or myfteiy «
a cooper, whiles tb^t be. is in tiae fennce «f any ale^brewer.
XIll. AUb it i& engOad^ That every cooper, which hereafter
fliaU make i#y ale-yefibl fpocified by the laid ad, (baU, tm
the fcaft. of >^»%^«jxt, coming, makrei/«ry fMch.vcflH ac-
cording to Ibe 9fli(e ^if)ed in the tveatife called dmp^
nifffur4frumi fbat is tp fa% eyery barrel for ak fltaM contain
xxxii. gallons of the faid aflife, or abovr^ of the wbtCfa vul
nllons TYHtke the cooamon bushel to be idtd in tinA ''^^^
England^ evefv kilderkin for ale w'upS^Msx^ the UA affiv>
or above, and cv^ ftrkin viii- galloosi of. affifc^ or above, (V
upon pain of forfeiture of iii. s iv.d. for every oif the iaaacvcl*
(as by hiiia njolii}^ made coafttiry to thJa ad*; the one half ot
tbe fiime forfeiture to be toth« King^ and the od^ ^ .
thatwill %fpr|heftmebya^ioiiof dcbti^bHHpW**^'
or otherwifej in which. ;^on naeflbin^ protoJUon, ^ ^"'^
of law (hail be allowed^
Every eooper XIV. And be it aUb eimaed. That every rcooper a»* ^
(hall mark his veiTd with bis Qwu ffuvk* .upou pain of iii. s.. iy. d. to be lerieo
vei&l with his and recovered after like manner and ftarm as.is abovclUd f \v
"""^VTl.,. aodthati^amaniiefofperfeftinlhefean5h*«aksngfortto
5- »-3.itat «. ^ of any fooh ye&l^ (ba}l.»»tiMt tUr .ale of aoy JJ
vcflcl, whereby the fame ale (hall be the worfe*. (3) .^
^Itat it fhdll cW lawful- to ev^ tk«;bff«i»«r to bring, ow^^ aad
canfe to be^iirought alad tarried, their 4ile to the hocifdiokis of
Qur fi>verfiign ford the King, th&Qtteen,- the priBoes, and to every
archbifhop'a, hiOiop'a, <£k6^, mafnujBB'^, earl's, barons^ or
ether honourable men's Vioufies, in lims, bulls, pipits, liogf-
licads, or other vefleis of ^eater or jaigcr ,«antity .than is ox-
pxeflbd in this^prefent aA, as before timeham been yfed in thm;
befaeOf. (4} And ^o it fiiall be hraiful to the fiud ak-^bitwcra
to bnng, cany, or catiie^to be brought, €onv^e4, or carried,
their .ale toxvery man^ houfe in barreU, kilderlja^ and fir-
kins, bearing and holding their true oonttnts acoordii^g to the
purport and \eSe6t of ttuspfefedt^dt, any thin^ contained in 31 Elc 8.
the. fame aifk to the contrary hereof notwitnftaiidiQg.
C AP. V.
T-be Ml dffiivers with a newprovifoj &€.
OUfifiveniffi brd the King^ Hie » ^virtuous tmd mffi gracious How far the
prime^ -nothing earthly fo highly weighings as the adtmnng ^^^^^^^^^
pf the cemmon profit^ vfealthand temmodity tf this hts-reabn^ an- exTend.
fidertjig the Jmly great JankmsandJqffestuiich have happened in i»^«^ Latch/rjp,
OMd ^ers. parts ef' this iis faid realms as v/ell by the reafen of^i^-
the eutrag^s flwmg^ fiirges^ andteurfeefthefeainattd:upQn-marJb^ ♦Inftrsjs,
groands, and ether Im plaees heretpfere^ tbreugh tolitiet wifdcm wote
^md made profitable fsr thegreat eemmen width eftbis reabuy as
^fo by^oca^m of md'Xoaters^emd'ptbereutrageeusJf^^ in and
upennuadows, pt^wresy and other low grounds adjwtmg i^ rivers^
fioodSi and other water-cmrfes ; f 2J md otter tbatr by and through
rmlh^miB^damsiweiirsi^tarthsiieikls^gores^goteSiflo0dfg0$eSilocks^
and ether impediments in and upon the fame rivers and other water-
eonrfesyto the ine^mable damages of the eommon wealth eftbis reabn,
which daify is hkefy more and more to imreafey wdefsjpeedy reirefi -
and remedy be in this bebalf /hortfy provided: (3) fVherm al--
belt that divers- and many prmfions have been before this time made
and ordainedj yet none of them are fyffident remedy for the refor^
matim of the prendfftSy nath therefore by deliberaite advice and af-
fent of his lords fpiritual and temporal, and alfo his kyWng com-
mons, in this prefent parliament aflembled, ordained,- eftaUi(h-
ed, and eiuded. That commiffions of fewtrs, and other the
preoufles, ^lall be direAed in all parts within this realm fiom
time to time, where and when need fball require, accocdiiu^ to
the manner, ibrm, tenor, and effed* hereafter enfiung, to£ch
fubftantial and indifferent .perfons as fliall be- named by the lord
chancellor and lord treafiirer oi Engfandy and the two chief
juAices (or ^ time ^bei^g, or by three of diem, <whercof the
lord chancellor to be one.
IL Henry the Eighthy 6cc^ Enow jv, That ferafmuih as the The form of
vtoUsy dhcbesy banJtsy gautri^ftwers^ gotesy caUesy bredgesyfhreamsy ^^ conunifll-
frndfrtherde^mety by theeoaflsoftbefiay aad mofiflygrQimiy Jyi^ <>^ of kv^tn.
aad being within fbo Umitsof A.B. ordinibeeomHyor eounties
of . or in the borders or eonfintsof the famtys by rage of the
'ea^ fiewing.:0md refiowingy and by mean, of the irembes offrejb
waters
1 2*4 Aimo Tictefifflo ter^ Hsnrici VIII. C ^5 3 ^ *
The fewil m^aiers difcenJingy and having cmarfe by dwers ways to tbefia, be
wui^ii tlT -^ divMpty laaraUy and hrAen\ (a) and alfi the cmnmm paffagts
coramiLn^of A A>^ balangeriy and bcats^ in the rivers, ^reamsy and aher^aads,
iewere. within the limits of A.B. or C. in the cmtnty er cwntisf pf
or in the borders or confines of the fame, by mean of fitting up^ ere^-
ingj and mating offireams, mills, bridges, ponds, fi/b-garths^ mill'
dams, loeksi hebhng-wiars, becks, and flood-gates, or other Hie
lets, impediments, or annoyances, be letted anaintermpted, fa that
great and inejtimable damage, for default rf reparation ofthefnd walls^
ditches, bank, fences, fewers, gotes, gutters, calcies, bridges, and
Jlreams ; (3) andalfo ty mean offetting up, eroding, mahng^ ^id
enlarging of the faid fijb-garths, ndU-dams, locks, hebbing-taears^
hicks, flood-gates, and other like annoyances, in times iafl bath
happened, and yet is to be feared, that far greater biut^ Ufi
and damage is like to enfue, unlefs that fpeedy remedy be provided in
that behalf
wfe£tliin«. HI- Jve therefore, for that by reafon of our dignity, and prerogcttroe
thecommiSi- royal, WO be bounden to provide for the fafety and prefervation rf
oners of fcwcri ^r realm ^England, willing that fpeedy remedy be had in the pre*
trdo"^"^ w/^j, have affignedym, and fix of you, of the which we will that
13 Q). 35. A. B. and C. /ball be three, to be our juflices, tofwrvey the feud wads^
fir earns, ditches, banks, gutters, fewers, gotes, calcies j bridges, trenches,
mills, mill'dams, flood-gates, ponds, locks, hebbing-wears, and other
impediments, lets, and annoyances afarefaid, and the fame caufe to
be modi, correlfed, repaired, amended, put down, or reformed, as
cafeflwU require, after vour wifdoms ahd difcretions j (2) and there-
in as well to ordain ana do after the form, tenor, and effect of all
andfingukr the flatutes and ordnances made before the firft day of
Inquirf \xf March, in the three and twentioth year of oar reigUy touching the
whofe defaults premiffes, or any of them, as alfo to enquire by the oaths of the bofte/i
the aiinoyaiH and lowfiil men of the faid fhire orflnres, place or places where fucb
cei come defaults or annoyances be, as well within the liberties as without (by
whom the truth may the rather be known) through whofe default the
faid hurts and damages have happened^ and who hath or hoUetb anyf
knds or tenements, or common of pafiure, or profit of.fiflnng, or
hath or may have any hurt, lofs, or difadvantage by any manner rf
means in the faid places, as well near to the faid dangers, lets, and
impediments, as inhabiting or dwelling thereabouts, by the find walls,
ditches, banks, gutters, gotes, fewers, trenchks^ and other the faid
AfTeflTingthe impediments and annoyances ; (3) and all thofe perfons, and every
tothechar^. tn the metesy Imtts, and bounds of old time accuftomedy.or otherwifey
ioCo.139,141. orelfrwhere within our reabn ^England, after the qmmtify rf their
a Bulftr. 199. lands, tenements, and rents^ by the number of acres and perches, after
the rate^ of every perforfs portion, tenure, or fro^^ or afier the
quantity of their common rf pafiure, or profit offjhing, or other com-
modities there, byfuch wcr^s and means, andinhub .mannor and form
as to you, or fix of you, whereof the find A 6* and C. to be three,
ftmllfeem mofi convenient to be ordained and done for redrefsandrefon^
mation to be had in the premiffes \ (4) and alfo to reform, repair^ and
amenithefaidwatts^ditches^SankhitUtersJhverSfgotes^ed^
flreamiy
1 55 ' i Anna viccfimo terrio HjgNRnci VIII. 22g
fireamSf and ^ther the premijfesy in all pfdces needful; ahdthefamt^
as oft en J and where need /hall be^ to mate new, and to cleanfe and
purge the trenches, fewers^ and ditches, in all places necej/ary i (5)
and further to reform, amend, projlrate^ and overthrow all fuch msHsf
ftreetms^ ponds, locks, fijh^garths, hebbing-wears, and other impedi-
ments, and annoyances of ore/aid, asjball be found byinquifttionyor by your
furx/eyinganddifcretions to be excejjive or hurtful^ {b) and alfo to depute Appoinringo^
and ajfign, diligent, faithful, and true keepers, bailiffs, furveyors, coU bailms, coU
le^orsy expenditors, and other minifters, andofficers^or thefafety, con^ l«^o"t f*""-
ferzfationt reparation, reformation, andmakingofthe premiffes,and''^^l^[^^^
e^ery of them, and to hear the cucount of the colk^ors, and other mim^ officcr«.
/iers of and for the receipt, and laying out of the money that JhaU be
lez;ied and paid in, and about the making, reforming, repairing, and
amending ofthefaid walls, ditches, .banks, gutters, gotes,fewers, cal^
cies, bridges, Jlreams, trenches^ mills, ponds, locks, f^garths, flood-
gates, and other impediments and annoyances aforefaid j (7) ^zx/^Diftrainingfor
to diftrainfor the arrearages of every fuch colle^ion, tax, andaffefs, the arrcaraget
as often as Jball be expedient, or oihenvife to punijb the debtors ^^%;^a^^^^^
detainers of the fame, by fines, amerciaments, pains, or other ^i^ Taking of
means after your pood difcreticns j (8) and alfo to arreji and take as iabourcrs»
777^^ carts, horfes, oxen, beajls, and other infiruments necej[faryy^or)^mtn,9xA.
and as many workmen and labourers as for thefaid works and repa- carriages,
rations Jball fuffice, paying for the fame competent ivages,falary^ ^^^o^Hct ncccf-
Jiipend in that behalf \ (9) and alfo take juch and as many trees, farici.
vuoads, underwoods, W timber, and other neceffaries, as fot the
fame works and r^rations Jball befufficient, at a reafonable price ^ by,
you, or fix of you, of the which we will that A. B. and C.Jhall be
three, to be ajfejfed or limited, as well within the limits and bounds .
afofefdd, as in any other place within the faid county or counties^ near
unto thefaid places ; ( 1.0) and to make and ordain Jiatutes, ordinances. To make fta-
and provifionsfrom time to time, as the cafe /ball require, for thefafe^ ^^'* *"^ *•
guard, confervation, redrefs, corrosion, and reformation of the pre^- ***'"**^**'
ntij^s and df every of them, and the parts lying to the fame, neceffary '.
and behooful, after the laws and cuftoms of Xumtiey marfi in the
county of Kent, orotherwife by any ways or means after your crum vnf* '
doms and difcretions ; ( 1 1 ) emd to hear and determine all andfingtuar
the premijjes, as well at ourfuit, as at thefuit of any other whatfo*
ever cowplaiedng before you, orfixofyou^ whereof A. B. andC.Jnalt
be three, after the laws and cujloms aforefaid, or otherwlje^ by any
other ways or means after your difcretions •, (12) and alfj to make and Awarding of
dire^ all writs^ precepts, warrants j or otner cotnmandments by writs and pre-
virtue of thefe frejetits, to alljberiffs, bailiffs, andall other miniflers, cfpt' to Aw-
officers^ dnaotner pirfons, as well within liberties as without, before "^•^^e^'*
you, or fix of you, whereof the faid A. B* and C. to be three, atxer-^ *** ^ ^"*
' tain days, terms, and places to be prefixed, to be returned and re-
ceived-, (^I'l) and further to continue the proccfs of the fame, and
finally to da all and cveiy thing and things asjball be requijitefor the
due execution of the premiffcs, by all tuajs and means after your dif-
creticns : {i^)and therefore We command you, that at certain days arid
places, when and where ye, or fix of you, whereof the faid A. B. and
C. to be three, JhaU think expedient^ ye do Jurvey the faid walls,
fences, ditches^ banksy gutters, gotes, fewers, calcies, ponds, bridges^
yoL.lV. 0, risers,
225 Anno \dcefi1n0 tex6o H&NRICI VUL [ 1 531 .
rivirSyJlremns^ water^coarfis^ mills j hcks^pencbeSyfi/b^gtrtbs^ jJw*-
gatesy and other the ktSy impediments^ emd anHoyances afirefini^
and ac€omplifo^ ftdJU^ hear^ tad ditermne all and finpdar tbe^e-
mi£h in dueforMy and to the ^e& aforefnd^ after yeur goad Sf-
To compel cretions ; (15) and all fiub as ye fikdl find negligent^ gaietfieying^
others to obey or rebelling in the find wcrisy reparatims^ or rrformatims of the
^mS^"« P^^W^-t ^ ^iH^^ ^ ^^ ^ execution of this our cmmififim^ that
3 isttutr. ^9 ' j^ j^ compel tbem by diftrefi^ fineSj and amereiamentSy er by other
pnm/bments, ways^ or means^ which U youj or fix ofyouj whereof the
faid A. B. mid C. fikll be three^ Jkdl feem jnojf expedient /or the
fpeed^ temidy^ redrefs^ and reformatien of the premijfes^ and due
execiidm of the fame \ (16) and aU fit^h things as by ycufhnU be
made and ordained in this behalf as will within liberties as twihont^
ye da caufe the fame firmly to be obfervedy doing therein as ia onr
^ jtiftice appertaineth after the laws andfhtutes of this our reabn^ and
according ta your wijooms and difcretions*
Sberifft to re- IV. Saved always to us fuch fines and amerciaments as to us there-
turnbeforetbe offlkdl behmg ; . (2) and we difo command our ft>eriff or flkrijji of our
commiffioners ^/^ ^^g^/^ ^ cmtties of that tbeyftm caufe to come be-
Ihall K^fiTf" A^ ^» ^ A rfr»ih rfthe whifh A, B. and C. tobethree^ at fuch
enquiry. days and places as ye Jball appoint to them^ fitch and as many bonefi
mm of his or their bailiwiciy as well within the liberties as without^
fy whom the truth may befilihiowny to emptire of the premises i (3}
All other offi« conmufnding alfo aU other mimfiers andomcers^ as well within Uber-
cers (hall be ^/^^ ^ without^ that they^ and even ofthem^ fikdl be attendeme t$
Sw TOmmiffi- ^ '^ ^ ^^^^ '*^ ^ execution of this our commifflon. In witmfi.
onen • whereof^ we have caufed thefe our letters patents to be mack. H^tmfs
ourfelfat We(linin^.er, the day of in the year
ef our reign.
Thecomnuffi* V. And it is alfo eoajfted. That every fuch perfonas Aall be
oneo Ihall named commifiioner in the faid comiftiiffion^ after he hadi
Enfo^"^* knowledge thereof, (hall cffcaaially put his diligence and at-
35 H. s. c. 10. tendance in and about the execudont of the (aid oonnniffion.
It.) And before he (hail take upon him the execution of the
laid coiDmi(rion, he (hall take 4 corporal oath hdbxt the lonl
chancellor, or before fuch to whom the faid lord chancellor
(hall dired the Kind's writ of Dedimus potefiatem to take tlie
fame, or before the juftices of the peace in the quarter feiTions
holden in the (hire where fuchcommiflioAs (hall be. directed ;
the tenor of which oath hereafter enfueth :
The form of ^ (3) Ye Jball fw ear ^ That you^ to your cunningly wit^ and power y
the oath. Jhall truly and ituUfferently execute the authority to you given by this
commWion of fewer s^ without any favour ^ affeQum^ corruption^
dready or malice to be borne to any manner ofterfon or perfons ; and^
as the ' cafe flkill require \ ye fhall confent- and endeavour yourfelffor
your party to the heft of your knowle^e andpowtTy to the making of
fuch wholefomcy jujfiy equal and inSfTerent la%vs and ordinanccsy as
Jhall be made and devifed by the moft difareet and indifferent nunAer
of your feUffivSy being in commijfion with youy for the due redrefsy
reformation^ and amendment ^ all and every fuch things as are
contained and fpecified. in tlje faid commffion^ and the fame laws and
ordinances to your cunning, wit^ attdpower^ caufe to be put in due
exe-
J53»-] Anno vicefimotcrtiaHENRici VIIl. «*7
ixnuti9f§<i toitbm favour^ meed^ dnady malice^ mr afftff}m\ as
Godyoubilpj andattfaifas.
VI. And it is alio enaa«d by the authority aforcfaid. That A confiriM-
all and every ftatttte, aft, and ordinance heretofore made con- S^^l^J^
ceming the premifles, or any of them, aa well in the time of ^
our fovereign lord the King that now is, as in the time of any
of hia progenitors Kings of this realm c^ England^ not being'
c6ntrary to this prefent aA, nor heretofore repealed, from
henceforth (hall ftand and be good and effedhial for ever^ and
to be put in due execmion according to the true meaning and
purport of tiie fame.
Vn. And over that be it enaAed^ That the commiffioncrs 'Theaothority
hereafter to be named in any of the faid commiffions, accord- Su/e^iSiu'
ing to the putport and efiedt of the fame commiflions, have fuir
power and authority to make, conftitute, and ordain laws, or-
dinances, and decrees, and further to do all and every thing
mentioned in the faid commiflion, according to the purport,
effeA, words, and true meaning of the fame j (2) and the fame
laws and onfinances fo made, to reform, repeal, and amend, ^ Mar.iefl; 3,
and make new, from time to time, as the cafes neceflary ihall V. Vi*;. ^
require m that behalf. ^
VIIL Pl-ovided alway, and it is enafted. That if any perfon '^^^^'^a"-
or perfons being afleiOed or taxed to any lot or charge for any fi^ersupSi
lands, tenements, or hereditaments, within the limitsof any thofewh^
commiifibn hereafter to be direAed, do not pay the (aid lot and-refufe.
charge according to the ordinance and aflignment of the com-
miilioners, having power of the execution of the faid commif-
fion, by rea(bn whmof it (hall happen, the faid commiffion^' Extended to
crs having^power of the execttion of fuch commiflion, ftwr lack copyhold
of payment of fuch lot and charge, to decree and ordain the^*"^* ^ ^"•'
(ame hmds, tenements, and hereditaments from the owner or ' '^'
owners thereof/and their heirs, and the heirs of every of them,
to any perfon or perfons for term of years, term of life, in
fee-fimple, or in tail, for payment of the fame lot and charge,
that then every fuch <lecree and ordinance fo by them mad#
and ingrofled in parchment, and certified under their feab into
the Kin^s court of chancery, with the King's royal aflent had
to the fame, (hall bind all and every perfon and perfons, that
at the making of the fame decree had any intereft in fuch lands,
tenements, or hereditaments, in ufe,- ]K)fleflton, reverfion, or
remainder, their heirs, and feoffees, and every of them, and
not to be in any wife reformed, unlefs it be by authori^ of par-
liament hereafter to be fummoned and holden within this realm*
IX. And alfo it is provided by authority aforefaid. That the x h^ coramif-
fame laws, ordinances, and decrees to be made and ordained fionert decree
by the (aid commiflloners, or fix of them, by authority of the Hiall bind the
(aid commiflion, (hall bind as well the lands, tenements,, and ^^'•j??^*^
hereditaments of the King our fovereign lord, as all and cverv ^^^^^ c. t.
other perfon and perfons, and their heirs, for fuch their intereft
as they (hall fortune to have, or may have, in any lands, tene-
ments or hereditaments, orothercafual profit, advantage, or com-
modity, whatfoevertfity be,wheremxto the faid laws^ ordinances^
0^2 and
228
No man may
iit being un-
fwom.
What land
each com-
miflioner ihall
have.
13 El. c. 9.
25 H. 8. c. 10.
Avowry, or
juftification of
a diftrefs tak-
en by reafon
of the com-
miflionof
fewcrt,
Co. pi. f,393.
Wherf the
defendant
ihall repay
Anno vicefimo tcrtio Henrici VIIL £1531-
and decrees (hall in an^ wife extend^ according to the trut
purport, meaning, and intent of the £ime laws.
X. And it is furthermore by the authority aforefaid»eftabliih-
ed and enadted. That if any manner of perfon or perfons, of
what eftate or degree foever he or they be of, that from henct-
forth do take upon him or them to fit by virtue of any of the faid
commiilions, not being before fwom in form as is afore£ild»
and according to the tenor of the oath before fpecified, or if any
peribn to named and fwom do fit as is aforefaid, not having
lands and tenements, or other hereditaments in fee-iunple,
fee-tail, or for term of life, to the dear yearly value of xl. marks
above all charges to his own ufe, except he be refiant and free
of any city, borough, or town corporate, and have moveable
fubftance of the clear value of one hundred pounds, or elfe be
learned in the laws of this realm in and concerning the fame,
that is to fay, admitted in one of the four principal inns of court
for an utter barrifter, ihall forfeit xl. 1. for eveiy time that he
fhall attempt (b to do; (2) the one half thereof to be to our b-
yereign lord the King, and the other half thereof to the ufe of
him or them that will fue therefore by a<5tion of debt, bill,
plaint, or information, in any of the King's courts ; in which
adion or fuit no wager of law (hall be admitted, nor any efibin
or prote<5\ion (hall be allowed.
XL And if any adtion of trefpais, or other fuit, (hall happen
to be attempted againft any perfon or perfons for taking any
diih-efs, or any other adt doing, by authority of the faid com-
miffion, .or by authority of any laws or ordinances made by
virtue of the faid commiifion, the defendant or defendants in
any fuch.adtiqn (hall and may make avowry, coaufance, or
juftificatipn, for the taking of the famediftrefs, or other ad doing
touching the premifies, or any of them, alleging in fuch avowr)*,
conufance and juftification, that the faid diftrefs, trefpafs, or other
ad whereof ^e plaintiff complaineth, was done by theauthority of
the commifTionof fewers for lot or tax affefled by the bid coiAm'rf-
fion, or for fuch other adt or caufe as the faid defendant did by
authority of the fame commiifion, and according to the tenor,
purport, and effedt of this preient adl made the three and twen«
tipth year of the reign of our fovereign lord King Heftfy the
Eighth, without any exprefTmg or rehearfal of any other mat-
ter pr circumftance contained in this prefent adt, or any com-
mifTion, laws, ftatutes, or ordinances thereupon to be made;
(2) whereupon the plaintiiS^ (hall be admitted to reply, that the
defendant aid take the faid diftrefs, or did any other adl or trcf-
!)afs fuppofed in his declaration of his own wrong, without any
uch caufe alleged by the faid defendant ^ whereupon the il-
fue in ev^ry fuch adiion (hall be joined, to be tried by verdidt of
twelve men, and not otherwife, as is accuftomed in other per-
ibtial adUons : (3) and upon the trial of that iftue the whole mat-
tei: to be given on both parties in evidence according to the very
truth of the fame.
XII, And after fuch ifilie tried for the defendant, or nonfuit
of tlie plaintiff after appearance, the; iame d^endant to recover
' trc-
f 53'*] Anno vicefimo tertio Henrici VIII. ^ 229
treble damages' by reafon of his wrongful vexation in that be^ damages with
half, with his cofts alfo in that part fuftaincd, and that to be af- ^'? *^«» ^
icfled by the fame jury, or writ to enquire of damages, as the
caufe (hall require.
XIII. And it is alfo enacted. That every of the faid com- The wages
-tniinoners (hall have and perceive four (hillings for every day and fees of
that they (hall uke pain in the execution of this commiflfon of ^™"*'^»<>^-
fewers, and one clerk, bythemtobe a(riened, ^wo (hillings for !2l^*!!^*i^c
every day, of the rates, taxes, lots, and wains that (hall be aScffcd «^ » ^ •
or loft by the authority ofthe faid commilCon, and to be levied and
paid by tt^eir difcretions. (2) And that the faid commidioners,
or fix of them, (hall have power and authority to limit and aflign
of the fame rates, /taxes, lots, and wains, by their difcretions^
fuch reafonable fums of money to the faid clerk, for writing of
books and procefs concerning die premifles, and to the coUeAors,
cxpenditors, and fuch other as (hall take pain in the due exe-
cution of the faid commidion, as by the difcretions of the faid
commiffioners, or fix of them, (hall be thought reafonable.
XIV. Provided alway. That whenfoever^ and as often as fuch Commifliont
conimi(rion, as is afore limited, (hall be made and diieAed to ^ithin the
any perfonor perfons, for the reformation and amendment of or !j^u^^ ®^ ^
in any of the premi(]es fpeci(ied in the faid commidion, within ^
the fees, liberties, or podedions ofthe duchy oiLancafer^ that
then fuch commidioners, as (hall execute any fuch c<»nmi(fion,
(hall be always named and appointed by the difcretion of the
lord chancellor and lord treafurer of England^ and the faid two
chief juftices of either bench, and the chancellor of the faid
duchy for the time being, or three of them, whereof the faid
lord chancellor and the chancellor ofthe duchy to be two ; (2)
and that in every fiich cafe two commifltohs (hall be awtu^aed
and made according to the tenor of the commidion above ex-
preded, one thereof under the great feal of England^ and the
other under the feal of the fame duchy, as beforetime hath been
accuftomed, any thin^ afore rehearfed in this aA to the contra^
ry hereof not witn(hindmg.
XV. And it is further enaAed, That the faid commidtons The charge of
from thne to time, as the cafe (hail require, (hall l>e had and ^he commif-
obtained without any money, or other charge to be paid for the "^"®*
feals, or writing of the fame, unlefs it be to the King, two
(hillings fik pence for the feal of every commi(rion, as hath been
accuftomed, and for the writing and inroUing of any one com-
midion, five (hillings, and not above.
XVI. And it is further enaded. That every commidion a commiinoa
to be made by authority of this a6t (hall endure and continue of r«wers mall
for the term of three years next after the-r^;^^ of the commif- endure three
fion ; (2) neverthelefs, after any commidion made and deli- 5^"*^^ I,-
vered out ofthe King's court of chancery, the King's highnefs , ^ Elc.ofr.i.
(hall always at his pleafure, by his writ oi Superfed^as out of his A commifTiou
faid court of chancery, at any time difchacge as well every o«* coinmif.
fuch cornmidfion, as every commifltcmer that Siall be made or ^hvecd bv
named by authorily of this aft j j( 3) after which difcharge, theyi^^^JJ;
(aid commi(IiQi>er mall have no power or authority to proceed in
0,3 *c
230 AoQo viccfimocertioHsiiRici Vni. [1531.
the cttecinioo of thdr ^bmraifliofi, nor in any thing by aiitho^
rity of thi$a<5t.
Howkmgthe XVII« Provided alw^yt^ Hiat fttchlawf* ads, decnes^ and
commiiBoii- ordinances as (hall happen to be made by the find cmnnuffiooers
5f»<J«=«c according to the tenor of thrir bommiflion, or by authority of
flan endure, this a<!l/lhaU ibndgood and eSe£hial, and be putinduc exe-
pution fi> k>ng time as their commiffion endureth» and no loneer ;
accept the faid laws and ordinances be made and ingroflcd in
parcbmentt and certified under the fetis of the Snd oommiffion-
' March io6 ^^ '"^^ ^^^ King's court of chancery, and then the King's royal
Altered by * afl^nt be had tp Uie fame, any thing contained in this prefent aA
i}]^l.c.9. f. If to the contrary hereof notwithftandmg.
XVIIL Provided alfo. That whenibever, and as often as
i^^oantif ^^^ commiffion as is afore limited (ball be made* and difoAed
paUtine* to any perfon or perfons for die reformation and amiaidmcnt
of or in any of the premifles fpecified in the £ud oooamiffion,
within the fees, liberties, and poftffions of the prindpaiiry of
fValfSy the county palatine of Chejltr^ or wilhui the fees, i^er«
ties, and pofleflions of any other place where there is liberty
and jurifdi<5lion of county palatine, that in every fucfa cafe two
pommiffions fhall be awarded and made accordii^ to. the teiior
of the commiffion abow expre(fed, one thereof under the gieat
feal of Engkndy and the other tender the ufiial feal of the conn-
5^ palatine, in manner and form as is above provided for the
uchy of Lamajitr ; any thing afoie rehearied in this pcefisnt aft
tp the contrary notwithftanding.
The KiQg*s XIX. And it is pro\4ded, and alfe enaded, That the royal
royal aifent aifent limited to be had unto the laws and ordinanoes to be
Aall beceni- ^g^^^ by the faid commifioners, as is above&id, (hall be cer-
chana%! jified into the (aid court of chancery under &e King's privy
Altered by ^ ' (^) ^^ ^^ i^pct, (hall not any fev of moocy be paid for
f 3£L^9. if X. dbe fiime privy feal^ but for the writing of the feisie certificair
pnder the £iid privy (eal (hall be paid to the writer dieroof ir.s.
and not above, nor no other nor greater fum for any thing
touching s^ concerning the fame^ certificate under the £une pri*
yy (eal/
ConvaiAions XX. Pipvlded alway. That the chancellors, and fock other
in Wales and as ftull have thecuftody of the feals of the (aid principality of
pountief 'iVdUi^ or the county palatine of Cie/ler^ or within the .tees,
palatine. liberties, and pofiiBflions of any other place where theac is li-
berty and jurifdidbon of county pahtme, uposk reaibnable re*
que(t, and upon the fight of the oommidion under the King*s
great feal of i^is chancery, (hall without delay make, out ano-
ther commiirion under the feal of the faid county palatine, ac*
/cording to the tenor of the King^s commiffion to them bewcd
under his great Ceal ; (2) and to tiiofe comsaiffioners as fhall
be naped by the lord chaneellor, Jord treafurer, and the two
chief ju(tices, or by three of them, whereof the iord chancd-
Re^.f. t%7* Idt to be one, except it. be withiathe fees, and liberties of the
tu3i byl&^I ^^y o^ Lafuafiir^ within which foes and liberties thecommif-
£<1. 6. c. 8. fioners (hall be namec^ and commiffiQns made, as is afore or-^
dalQe4
fSS'^l Aluio vkdiino teftio Henricx VIIL 231
daincd by this aA; any thine; contained in the faid aft, or in and explained
any provilb thotunto addea and annexed^ to the connrary ^^ ^ ^^^* '*
thereof Rocwithftanding. (3} This ad to endure for ti^nty ^* '^
yesrs.
CAP. VI.
For obKgaihns to he taken by two cMef juftias^ the nutyor
oftbeftaple^ and the recorder ^/Loiidon.
FORASMUCH as the nunors of the ftapU in divers places ^Before whom
tins realm J when anyjiapie is kept^ in the pnfence of tie recornizancet
tonftabks oftbefamejiaple Ufore this time.have and might ImufuOj ^J^^J^^
take recognifance or kneuAedge for deits^ cnfy coneeming and teaching ^e?wn' te
Uye enerdHm^fe ef the fame fiapk^ betwixt merchant aid merchant ^ftatutes of the
the fmm jlapu^ accwraikg te divers laudable fiatvies and provifions be^ ftaple were
ffre this time body ordained^ and made\ (2) which mofors fl»/^«vifedonly
cef^abksj many and Jkndsj tmesjince the making of the fame Jia- ^^^^"^
tmt€y having taken divers recogmjances and knowledges of divers ^fbple. be-
the King^s fithjeSlsfer debts, furnufuig the fame knmk^e $r re- twcen mcr-
cagmfana to be made for furety ef poffmaa of fums of money for ^^^^^^^
fuch waresas were or have been bombt in the Jamejlaple ; where fl^«cK»*nt.
troth the fame recognifanu did not in any tuiji totuh or concern tie
mercbim^kje ofthejme, ne alji the parties, that is to Jay, the cof^
nifor^ ne the togntfee, that did knowledge and take the fame recogmf
ances, were mercmmts rf the fame Jlaple ; (3) which recognifanas tmd '
knowledlges, taken inform aforefatd, are not only clear contrary to the
true meaning and intent of the fame former e/fatutes, but alio there-
by divers great andfan£y imonveniencies, danu^es, and deceits do
^ly arife and grow to divers of thefuije^s of our Jivereign lord
the King, by reafon cfthe ndfimng of the fame ; ana forafmuch as
the Kif^s bigbnefs, if bis mofi high wifdom, percHveth the mfiiffng
and execution of the Jame to be contrary to the form of the fmd former
the Kin^s bigbnefs, of bis moft high wifdom, percHveth the mfiiffng
and execution of the Jame to be contrary to the form of the fmd former
fiatutes, therefore his pkafure is, that feme - true, lawful, and
reaf enable bond, for fitrety of payment of the debts of his fuh^
je£ts, /baU be niMe and dnftfed by true and mft meant, wUchinitfelf
may and fiM purport right and efuity, anaalfe confonant to reafon.
11. In Qoofideration whereof^ by the aient of the Kmg's whomaytake
highnefs^ his lords fpiritual and temporal^ and his commoas, recognizance
in this prefent parltameftt affeftibled, and by the authority of '»/*»| n**"*^
the &ine, it is enaded, ordamed, and eftabliOied, That from ^^pie^^'^
the firft day oi April nestt ceimng^ the chief juftice of the King's Co. pi. f n.
bencb» and the chief juftice of the common pleas, which now i Mod. 185.
be, oraftanv time hereafter (hall be, and every of them byCoXit.»S9.b,
himfelf» and in their abfence out of the term, the mayor of**®"' '^^'
the fta^ of Weflndnfter, and the records of die city of London,
for the timefoemgf jointly together, by his or thdr difcretions»
ihall have fiiU power and authority to take recognizances or
Icnowkdges of every of the King's lubjeAs for the payment oi
debts, according to &icb form as hereafter enfueth :
(2) Noverint umverfi per prafen^ me A. B. 4^ C. D. armig^ The form ol
-teneri V firmiter obligari Jobanni at Style iVC- li. /lerling* fofvemP the recogni**
cidem Jobanni autfito cerf attorn/ hoc fcriptum ofleiuP heeret vel ex- zancc.
<i,4 ccut"
232 Anno vicefimo' tcrtlo Henrici VIIL [1531.
emf fuiiiniaP feffl^c.prtiif futuf^pojidse praftntium\ bfjiii*
ficeroytl difecerimus infolutione debif prmJUlf voU bf cMtido\ vd
fie, vQlumus (^ {cncidhnusy qtiod tunc curratjiiper me^ b^fretd^tx-
ecutores meos^ \t\fuper nosi^fuimlibet mflrum^ bareJP i^ iXicut' mf-
tros poena in fiatuto Jlapula dedeMf pro mirchandijis in eadmem^s
recufand* 9rdinaf V provis* iaf iaV die anno regtn r^is^ &c.
By what fealt HI. And that every obligation that ihall be ms^e as is afere-
the fame obU- faid, and knowiedged before any of the fsud chief juffices» or
Sjcd* ^^^' ^^ ^^^ ^^^^ mayor and recorder, 'according to this adt, fliaB be
Vat^han, io». ^^'^^ ^J* ^^^ fe^ ^f ^^^ P^^'ty ^^ parties that (hall rccog-
^ ' ' nife or knowledge the fame, and alfo with inch feal as the
King's higbnefs (hail ordain and appoint for the (ame, and
M^ith the feal of one of fuch of the faid juftices, or with the feats
of the faid mayor and recorder, and with his or their name or
names fubfcribed, that fo (hall take the fame recognifatice or
knowledge ; (2) ^nd that every of the faid two jufHces, and
the faid mayor and recorder, (hall hatve the cuftody of one fuch
feal, by the King's higbnefs to be appointed, with one like
print, fcripture, and fa(hion^ whicli (hall (everally remain with
them to the intent above xehearfed.
The clerk of IV. And further be it enadted by the authority afbre&id,
thcivogni- That fuch. an honeft and difcreet perfon as (hall be affigned by
**!;^* "**"'": the King's highnc(s or the fufficient deputy or deputies of tht
S»Udtdl i? ^^ Perfons (b t6 be a(rigned, (hall make and write all fuch ob-
London. K^tions as (hall be acknowledged and recognized by authority of
Hub. 1ft. this adt, and Qiall c:|ufe the lame obligations recognized, and
thcr?ihaU V* audcnowlodged in form as is abovefaid, to be inroUed in two fe-
thrccroUs ^ ^^^ ""^^'^ indented, whereof one (hall remain with fuch of
i^f. ' the faid juftices, or with the (aid mayor and recorder, that fo
(hall take the fame recognizance in form afore&id, and the
other roll with the writer thereof, appointed for the £uDe ; (2}
and that the faid perfon by the King's higbnefs to be appoint-
ed for making, writing, and inroUing fuch obligations, or his
fufficient deputy or deputies, (hall be dwelling or abkling in
the faid city of London^ upon pain to forfeit for every time that
he and his deputy fliall be abfent by tne fpace of two days,
psn pounds.
Certificate of V. And further it is enaded by authority aforefaid, That the
the recoghi- (aid perfon fo to be afligned by the King s bighnefs to write,
xaqcpinthc make, and inroll fuch obligations, or his fufficient deputy or
chancery. deputies, at the requeft of the creditors, their executors or ad*
mmiftrators, (hall certify fuch obligations as (hall be taken and
recognized by authority of this aft, into the King's court of
chancery, under the (ad of the (aid perfon fo to l^ appointed
-forwritrng, inaking, aind inroUing fuch obligations.
a Inft. 290. VI. And that every perfon and perfons to whom any fuch
obligation (hall be made, knoWledged, and inroUed (as is a/bre-
faid J their executors and adminiftnitors, and the executors and
adminifltators of every of them, for default of j^yment o(}^^
debts contained in fuch obligations, (hall have m every points
degree, and condition^ againft the (aid recognizor and recog-
ijji,] Anno ^ccfimo tertio Henrici yilt 233
Tiizors, and every of them, their heirs, executors, and admi- Execution
iiiftrators, and the heirs, executors, and adminiftrators of eve- "P®" * recog-
ry of them like prdcefs, execution, commodity, and advantage klTowMged
in every behalf, as hath been ufed and accuftomed before this accoiMing to
time to be had, done, or made, of and upon any obligation of this ftatute.
the ftatute of the ftaple, and under fuch manner and form, as
is for the fame ftatute of the ftaple provided, (2} paying for
fuch procefs and execution to be had, fuch like fees as is ac-
cuftomed for procefs and execution to be had upon obligations
of the feme ftatute of the ftaple^ and not above.
VIL And that every fiich perfon and perfons that fliall V Where the
bounden, or otherwife grieved by virtue of any obligation to Sf^Jj?!!*®'
be made by authority of this aft, (hall have their like remedy iicvcdbj^«-
by jfudita querela^ and all other remedies in the law, that they dita qugrila.
might have had in cafe they had been bounden by obligation
of the ftatute of the ftaple,
Vni. And that every fuch perfon arid perfons that ftiall have -pj^^ |^.
procefs for execution to be had by reafon of any fuch obliga- (hall have lob.
tion to be made and knowledged according to this aft, (hall iiitbe pound
pay to the King's highnefs, his heirs, or fucce(rors, at the time upon exccu-
of enfeaUngof the procefs for execution to be had, one half- SjJ^^'JL
pcny for every pound that (hall be contained in the obligation, 8G.i.c.i57f. j.
whereof execution (hall be required, and not above.
IX. And that every fuch perlbn and perfons that (hall happen The remedjr
to have any execution of any lands, tenements, or heredita- ^ tenant hf
ments, by reafon of any fuch obligations to be made and JIJi^^dSfeifedL
knowledged (as is abovefaid) their executors, adminiftrators, ^
or aftigns, and the executors, adminUfa^itors, and afligns of
every of them, if they, or any of them being put out or difteifed,
(hall have like remeoy in every point and condition, as^erfons
having execution in and upon any ftatute of the ftaple, after
execution to them had, may or might have, by virtue of the
faid writing obligatory of the ftatute of the ftaple, and execution
of the fame.
X. And further be it enafted by the authority aforefaid, That The juftices
every of the faid jufticesi and the faid mayor and recorder, be- ^lerk's fee
fore whom any fuch obligations (hall be reco|;nized, (hall take "i^gSiuS^^
for every knowledge of every one fuch recognizance iii. s. iv. d.
and not above ; (2) and the clerk that (haJl write, make, and
inroU the fame obligations, iii. s, iv.d. (3) and for the certi-
ficate of every one fuch obligation xx. d. (4) and if any of the
faid juftices, mayor, recorder, or clerk, take of any of the
King's fubjefts above the fum or fums to therti limited by this
eftatute, that then the faid juftices, mayor, recorder, or clerk,
that fo (hall take contrary to the form aforefaid^ (hall forfeit
for every time fo offending xl. li.
XL And further it is enafted by the authority aforefaid. In what cifet
That from the faid (irft day of ^//, no mayor or con(fable ofrtcogAvz^xKt^
the ftaple, for the payment of any fum or dims of money, take pje^^^^^
any knowledge or recognizance of the faid ftatute of tne (bi- taken by the
pl^ of any of the King's fubgefts, upon pain to forfeit for mayor and
every
634 Anno ykeTiBio teitio Hfiimici VIIL (i 531.
»«^ ev«ry doic fo offendiogy xl. lu the one moiety of all and (in-
t» and guj}!* the laid penalties to be to the King's h^ghnefs, and the
other qM>iety to the oarty that will fue for the fame : (2) for
the recofcrf w^erec^, the party that will puHue (hall have hit
remedy by mfbrmation, ailion of debt, bill» or plaint in any
of theking^s courts, in which no eilbin, protection, norw^^of
law (hall be admitlecL (3) Provided alway. That this ad, nor
^Ojf thing therein contained, be in any wife prqudicial or
Juiraul to any mayor and conflahles of the ftaple for any bond
or writing of the ftatute of the ftaple to he taken or received
between merchants being free of the fame ftaple, for mer-
chandifo of the £ime ftaple between them lawfully bought and
ibid.
XII. Provided alio, and be it enoSed by the authority afore-
cet taken Cud, That all recoenifances before this tune taken betore the
^^^ **, ' mayor and conftabies of any of the faid (iaples, whereof the
^52^^ fuiRs luw be not paid, nor otherwHe contented, lawfuUy avoid-
BoiHeU. ed, and difcharged by the law, (hall be as good and cflFe^al
i|Ed.i.ftat.x. as though they had been verily made for merchandise of the
<• 11* fame (bple, and between mercnant and merchant of the fame
s7Ed.}.ftat.s. f^i^^ and as they ftuMild have been, if this aa had never
%M.c^S.7. been had ne made.
TheftMUtesttf 5i{.2^<rr*i.r.3. bR.t.e.'^. ^H.T.x.io. touch-
ing the hriiinne <^Gafum or Gmen wines, or Tmimfi ode,
into this realm hy (hips only of England^ Inland^ ot W^ty
wuk by only mafters and adariners of the fame countries, con-
firmed. No per(bn fliaU lay on land, out of a (hip> anjr
PrmA wine between the fea(i of St> Mchdil and thtPrnfi-
ioikn^ upon pain of forfeiture theie^. No perfon (hall idl
by retail any P^gmb wi^iea above viii^d. the gallao vie.i«d.
the pint 1 nor any milmefey, fack, nimi^y^ or other .fweet
wine, above xh. 4- the gallon. The prices off the tuft* 1»^>
Ts H S c 104 E!?^ ^^ hogttxead of the faid wines ftiall be affeflcd by the
St H.8. c!x4. icing's gr^feC ofieA^. The eoments and gtuging the bii
3> R s. cif. tfsm%.'^T$ cmfimi wu$ ibi I^ i^ of the nettt p^UmnU.
CAP. vm.
Tbt Httf&r the havens in the weft parts.
„ ^^ . niteoufly jheuHthy and cmpUnneth untd the King ourfivereiin
iSrenTi^^"' * ^^^f ^^^^ ^^ ^^^ fpirUual and timporak andibi amnms,
Cornwall zxA inihk prsfinr porliosiUne offimbUdY thi inhabitants of the towns m
DevoQihire portfi of P^outh, Dartmouth, and Teignmoutn, in tht iw^
"**^i!^*' ^f I>»von(hi*ey Palmouth, and roway, in tho lounty of Cornwall,
rT^Su^c. SI. V^ whonthfifaidports have ban in limepaft theprinapdfaid^/
Thegreat cafe commodious havens and ports within this roam for the road^jwtijy^f
and bea^ ptefervftion ofjtips refirtinf from all places of the worUj as f»» ^^
wbich this ^^u cfprnts as oAerwifo. (a) For whore before this time d wjww^
2S«^ ^fJbips being under the portage of eight hundred tum, reform ufit^
reived ^ the ofs^ of thoJaidpcr$s or hauons^ might at the low water emj ^^^^
h*v«ni oi into ihefatne^ and thfre lie infurety^ what wind or ten^Jlfa'^^f'^
1 5gt J} Aimo vlcefimo terdo HcKkxci VIII. 1 3^
Uaw^ iyreafM tobmof not mfy a grtat fmdtitudi of fl^^t^,- as'wU'^\fnxniS^^
dftbis Tiabii as afaibar ngions anduutOrus^ bifin this iimebavi 2*rt«wuflij '
ie^ frifirvid aad faved, butaljb bt tifm of war the Jaid havm$
and Paris havo hun the grmefi fortifieatian md defence 6f ibatfaet
of wis reakfty and the hedal prtfervatiem $f the great part tftbe
nmj afibifame : ( 3) JrUchfittd portiand havens hem atehis frefM '
iinu in manner utterif deea^fed and defkeyedby mean of certain^ tin^
woris^ e^d Jlream'-weriSf itfedhy certain ferfens wkbin the /aid
counties I whuhperfons more regarSng their ownprruate bscre^ than The «au(e cf
the eaeamon wealth and Jkrety of this reedm^ have iy woriHng ^thedeiaiyof
thefaidflrMn-workSj dtgging^ Jiarching, and waflus^ ^ ekefamu ^ «ordai4
near unto the fre/b rivers^ waters^ and lew fbeesy drfeending md ^^^°^
CDening out of the lands towards and into the faid ports and havens to
tbefea^ comunedhf thefora of the faid frefi rivers a marvellous great
fttontOf offindy gravely^onej rolel, earthy fime^ and fSth into the
faid ports and havens^ and havefo filled and choaled the januy that
where h^ore this time ajbip of the portage of eight btnmed tun^ as
is afarefiidy might have eafify entred'dh a 6w water into thefame^
now a flap of an bsatdroa 4m fianth enter at the half fUody to the
decay and utter de/iru/fion of the faid havens andportSy and edfo ta
the ruin and utter undoing of all the good towns within the faid
couneirs ef Devon(hiie ^Cornwall, if remedy he not in that safe
fpeedily provided: (4) For refermation wkereof, be it tnaAed a remedy to
by tbe King oar iwefeign lord, the lords fpiritual and tern- maintain them
poral^ and tEe commons, in this prefent pariiament afieanbled, ^^^ thefurure.
and bv s^hamy of the fame, Thaino p^on or pccfona here-
after Uttli iafaour or irork, or orafe to be kboured or wttonght,
in anj manner of tm^norks, called Stream^worisy within the h}4^
oottQties of Devot^iiire and OoruoSedly nigh to any of the faid
fre(h wafeecs, tirers, or low places, defcending or having
courfe unto the fiiid ha^ecu or ports, or any of them, nor fliaH
labour, Hgy or wafli any tin in any of the faidtin-workt call-
ed Stream-worksy i]fsle& the iaid diffier, cnwncr, or wafher fttall
make, or caufe to be made, foment hatches and ties iii
tiae end of dietr baddies and cords, and therein put and tay^
or cvak to he put and laid, all the faod, ftoAes, gravel, ajid
robcl digged about the mfearching, finding, and waAiing of
the find tin, there to be whdiy and furely kept by the faid
batidies and ties, out and from the £ud frefti rivers aaSi water-
oourfts, or aay of them, fo that the UaA fimd, ftones, gravel,
and robel, ne any part thereof, be for lack of fuch hatches or
ties oot^reysed into the fiid ports smd havens, or any of themy
(5) ^ippn poia to forfeit for every time that any owner or tin-
nor fliall dig or waA, or canfe to be digged or wattied, .^^ ^H^'^and
tin contrary to the fenm aferefaid^ x. li. 3i<e one half theredP ^o ^lioin^iip.
te be so the ufe pf our fovereign lord the King, and ^ other half plied, &c.
thereof 10 bet^anyof the inhabiiaats of the laid ports, towns, or The pajslty
hatens, that wiH foe for the fame In any of the King's courts by ^^'JfK?* J^^
QTMsat writ, bUl, pliaint, information, or otherwife, wherein the }\^ • • >3*
defindam ifasdlnotbeadiTiittei) towage his }4Wy lif my protediofV *
or e^in (hall be allowable.
IJ. And
%S6 Anno viccfimo tcitio Hb^Irici VIIL [1531.
J*>*>*»«^ n. And be it further enafted by the authority aforefaid,
^^S^Mia T^^ if any perfon or perfons (hall happen to be fued, accufed,
theftannary indided, imprifoned, amerced, condemned, or otherwife vexed
€ot proiecu- or troubled in his perfon, lands, tin-works, goods, or chattels,
•»n«*c^iiig by any of the minifters or officers of any of ^e King's court of
ID this ftatute. fejjnary, or by any other perfon or pertons, for pnrming or at-
tempting any fuit or adion according to this eftatutev againft
fuch penon or perfons as il^ail ofkiKi contrary to the form afore-
faid, that then all fuch fuits^ uccuremeius, indidlments, im-
prifonments, a<ftions> condemna^j6ns, fines, amerciaments, and
. every' other aft or a<fts to be ypfit in any of the faid courts of
ftannary, or elfe^here, by ^ny p^fon or perfons, againft any
perfon or perfons, for fuing orattempting any fuits or adtions
S virtue of this eftatxite, flull he iitterly void and of none
eA in the law; (2) and that the parties fued, indided, ac-
cufed, imprifoned, or otherwife grieved or molefted, for pur-
fuing agamft any perfon or perfons offending this efbtute,
(hall have his adion and retnedy grounded upon this eflatute by
original writ, bill, plaint, information, or c^erwife, in aoy of
the King's courts, againft fuch as (hall procure or attempt to
vex, trouble, or otherwife moleft any fuch perfon or perfons for
fuine or purfuing for the forfeitures aforefaid, and fhali recover
trebk damages in that behalf; and the party defendant (hall
not be admitted to wage his law, ne any protedion, effoin, or
The forfeiture P^^^'^ '^^ ^^ ^^ him allowable ; (3) and if it (hall happen
of the often- ^ny perfonror perfons for purfuing any fuit or adion upon this
der, and the eftatute, or by occafion of the fame, hereafter to be imprifoned
mean to re- fay ^ny manner of perfon or perfons, being officers or miniffers
coverit.. or the (lannary, their deputies, or fubftitutes, that then cvcnr
of the juftices of peace within any of the counties afore&idt
wherein the faid prifoner (hall happen to be committed to prifon,
upon credible information thereof, taking furety by his difcre-
tion, for appearance of fuch prifoner at the next general fef-
fions Gf peace, (hall have power and authority, as well to di-
rect his warrant to the gaoler, or keeper of the prifon, as to
any other perfon or perfons to whom the faid prifoner (hall be
committed unto, commanding him or them, upon pain of for-
feiture of xl. li. to deliver, and put at large the faid prifoner or
prifoners ; ^4) which if he rrfufe fo to do, then every fuch offen-
der (hall lofe and forfeit the faid xl. li. the one half of which
forfeiture to be to the ufe of our fovereign lord the King, and
the other half to him that is grieved by reafon of fuch imprifon-
ment, to be recovered in manner and form aforefiud ; (5) and
the defendant in any aftion or fuit for the fame, (hall not wage
his law, ne have any tSoin or protection allowed ; (6) and if
it (hall appear, upon the appe^'ance of fuch prifoner at the
quarter fe(Eons, by examination of the juftices of peace there
being, that he was imprifoned contrary to the form of this
eftatute, that then he ftiall be forthwith difmifled, and thereby
difwhargcd j ^d if be were lawfully imprifoned for any other juft
^53 ^-3 Anno viceluno tertio Henrici VIII. 237
caufe, then to be remanded to pr^fon fay .the difcretion of the
iaidjoftkes.
IIL Provided alway. That this aft, or any thing therda TWsaa (hall
contained, be not in any wife prejudicial or hurtful to anjr o^SSsdTto'Se"
the officers of the ftannary, ne to any of their lawfol, liberties, xifficert or
privileges, ufages, laws, or cuftoms, faving only in the cafes liberties of the
and provifions contained and limited within this prefent z€t^ ftannariet.
^wfaich (hall alway be* put in execution according to the tenor of
this a4^ ; any ufage, cnftom, privilege, ordinance, or liberty > .
to the contrary thereof notwitbftanding.
IV. And it is ena^ed. That this adt (hall begin toitake efiea
from the feaft of St. Michael the archangel oex^ coming, and
not- before. . , '
CAP, IX.
Jtn aR that no f erf oh Jhall he cited out of the diocefe where
be or Jhe dwelktbj except in certain cafes. '
WHERE gnat number of the Kii^ifub}e(tSj as well »^^>Hob.i7 17s
wives J fervantSy as ether the Kin/s fuhje^s^ dr^elUng iri ,gg/ '* ' *
iiivers diccefes if this reabn of England, ani of Wales, heretofore
have hem at many times mUd by citations^ and other procejfes com-*
pulfory^ to appear in the arches audience^ and other hi^h courts of
the archbijhops of this realm, farfromy and out of the diocefe where
fuch men^ wiveSy fervantSy and other the King s fubje^s been in*
habitant and dweUisig^ (2) and masvf times to anjwer to furmifed
and feigned caufesy and fuits of defamation^ withholding of tithes^
andjucb other like caufes and matters^ winch have beenfued more for
makcey andforvenationy than for any other jtift ccdife of fuit.
II. And, where certificate bath been made by the fummonery ap^
pantory or any fuch light liteirate perfony that the party agcunfl whim
any fuch citation bath been awarded^ bath heen cited orfummonedy and
thereupon the fame peprtyy fo certified to be cited orfummonedy hath
not appealed according to the certificate^ the fame party therefore hath
been excommumcaiedy or at the Uaft ftifpended from all divine fervicei
(2} and thereupoUy before that he or Jhe could be abfolvedy hath been
compelledy not only to pay the fees of the court whereunto he or ft)e was
fo called by citationy or other procefsy amounting to thefum of ii. s.
mr XX. d. at the Uafi $ but aljo to pay to the Jummonery aptaritory « Bulft. ;».
or other light literate perfony by whom he or fhevtasfo certified to he Nopcrfonfliall
Jiwmonedy for every mile being dijlantfrem the place where he or ^ ^^5^ ^'^^^f
Jhe then dwelledy unto the fame court wbereuntohe or Jhe wasfo cited v^herclbe *
orfummofied to appeary ii. d. to the great charge and impoverijbment dwelleth. but
tf the Kin£sfubje£lSy and to the great occafion of mifbehaviour and in certain
mifliving rf wivesy jWomeuy andfervantSy and to the great impair- ^^^
ment and diminution of their good names and hone/lies: (3) Be it ^m^^^J'//.
therefi)re ena^d by the Kine our fovereign lord, with the t Salk.'^s.'
aflent of the ^ords Spiritual and temporal, and the commons, Co. pi. t. 364,
in this prefent • parliament afTembled, and by authority of44S-
the fame. That ao manner perfon (hall be from henjcetbrth j*^^' y^*'
citedy or /un;imoiied,> or otherwife called to appear by himfelf, ,. co. 4.*
or 'herlelf, or by ^ any procurator, before any ordinary, arch- Hetlqr 19,
I ' ' -• ' deacon, «»••
^3l Axma vkefimo tenio HsMltici VIII. Ussu
P^knnaj, 4%$. ilactti^ coountAry, nflidal, or any odior ju^ (pirittial^ out
S *d2. **♦• of the diocefe; or peculiar jurifdi6Hoii where the perfan which
I^JUjl^c. jfti. ^^^ ^ cited, famtmtwAy or otherwife (as is ^orebM) catted,
i|S|. * fliatt be inbsMring ami dwelling, at the time of awarding, or
Oo. Cur. 97» fam§ forth of the ftme citation or fmnmons ; (4) except that
339*- It ttaXL be fbr^ in, or npon zny of the eafei or caufes hereafter
writttti ; that is to fiiy, for any fpiritual ofibice, or caufe com*
^Fnmtbi'virh mXtgA OT done, or oodtted) * forflewed^ or ncgleAed to be
Fordlow, t9 donay cootiary to rigly or duty, by the bi(hop, archdeacon,
rngftd* commiiEiry, official, or other peribna having fpiritual Jurif'
dnflbo,' or being a fpiritual judge^ or by any other per^n or
peDrfom wMiin the dsocefey or other jurifdidion, whereuato
he or (he (hall be cited, or otherwife lawfully called to appear
and anfwer.
^^» 49* nil And except alfo it (hall be by or xfoa matter or caufe of
jRoil,i36jf 74, appeal, or for other lawful caufe, wherein any party (hafl find
himf^or herfcif grieved or wronged by the ordinary judge or
jud'gesof thedidcefeor jtirififidlion, or by anyof hi» fnbftitutes,
officen, or minifters, after the matted or cauft there llrft com-
meficed, Md begut? to be (hewed unco the arelibi(hop, or
Jbiftop, or any o£er having pecttltar jurifdiAidtt^ withhi whofe
eorince the diocefe or place ^uliar is ; ^2) of tii cafe that the
(hop, or othei" immediate judee eir ixmivcf dare not, nor
wfll tmt convent the party to-be wed before him ; (7) or in cafe
that the bi(bop of the cKocefe, or the)ud|ge df die pface, within
whoffc }tiri61iaion, or before whom tht (bit bf this aft ^ouM
be commenced and profeeuted, be party difeflly or IndireAfy
to the matter or cauie of the fiuhe (m ; (4^ 6r \ii catk thstt any
bkho|r, or any inferior jtidge ha^ng under hiM iuriidiftioR in
his own right and titky or by commifR^, make requeft, or
infbmce to the archUfliop, bifhop, or cAer (iiperior ordinary
orjud^, to take, treat, examine, or detetmih^ the matter be^
Ibre hmi, or his fuMitutes, (s) and that to be. done in cafes
onfy where the hw civil or canon doth aefRtnr execution of fuch
neoueft, or inftance of jurifilitStioh, to be lawfU or tolerable:
The forfeit of (6 J ^pon psdn of forfeiture to every perfbn by any ordinaryi
Sffc^fi?^ cbmmHBiry, official, or fubditut^, by virtue of his office, or
aeaiitil the ^^ ^^"^ f^^ of any perfon to be cited, 0t otherwiib (vimmpned,
purport of or Called Contrary to this aA, of double dama^i smd cofts for
tliU dilute, the vexation m that behalf fultained^ to be recovered aganft
anyAich ordinary, commif&Ty, archdeacon, official, or other
judge, as (hall award or make procefs, or otherwife attempt or
procure to do any difng contrarv to this aftj by aftion of debt,
or z&ioti upon the ca(e^ according to the cdurfe of the cotn-
mon law or this realm in any of tiie King's high coiirts, or m
any other competent temporal court of record, by originaf wrft
of debt, bifl; or plaint; (7) in which aftion, no protcflion,
other than fuch as (hall be made under the Kiog^s great feal,
and dgned with his fign manual^ (hall be aHbv^, neither any
Wager of hw, nor tffoin (haH be admitted ; (8) and uppn pain
of forfeiture Ibr every perfon^fb fummoned, ckedy or otherwife
called
' 53 1 •] A'^AO vke&na tsrdo Henrici VIII. 239
called (ac is abovefiud) to anfwer bofere any fMiitttal judn out
of the cfioceTe, or other lurtMi^liion wKart me bU pcnon fo
dwelleirhf or i$ refident or abiding^ k. li. flerliog : the one half
therectf to be to the King our fevereign lord, aad the other half,
to any perfonthat unll fiiefer Ae fame it^wfoS the Kiiig'r £tod
courts, or in any other the &id temponl courts^ by/wt, is-
formation, biM, or plaiat; (9) in y^iich a^Hon np proteftioa
Dial! be allowed, nor wager cM law or effoia (hall be.adaikttd. .
IV. Provided always, Tha» it (hall be lawAiI to everj^ juxli* Anarchbifiiop
failhop' of this realm to call, eke, and fummoA am pmon or may cite for
perfons inhabiting or dwelling in any biAiep's ilioeefe within his hone^ in auio-
province, for caUfcs of herefy, if the bidiofi or other onUnary.J^^*^'*
immediate tiMmintoconfent, erif that the ibno bifliop, ocotber J^ft^^^^^
immediate ordinary or judge do not his d^ty Jn pumflnntni of i Salk« 135*
the lame.
V. Provided aIfo» That this aA (hdt not extend in any wife tt» Previlbf^tlie
the prerogative of the moft reverend father in Qod tjiearch* probate of cef.
bifliop of Canterbwj^ or any of his faco^fcrs, of or for caUiig tameBttiftthe*
any perfon or perfons ont ot the dioceft whore he or they be in- 'K^^^
habiting, dwelGi^, or refident, for pixibalo of any eeftaanent or ^""^"^
teftaments, any thing* in ^s adt oootaiMd to the eontrwy not-r
whhftakidii^.
VI. An4 be ^ Airtfaer enaAsd by authoriiv :ifiaidaid, TkntThe feet for
no archbifiiop^ nor btfhop, ordinary, oficial, comaiffiary, or t^^ ft^ of »
anv other fubftitute ot minilter of any-of tlie fftid anahWAops, ^^a^n*
bimops, archdeacons, or other having any fplntari Jvrifiiidtion, /'
at anv riine from theTeaft of Eajitr next coming, Inall aik, do»'
mand^ take, or recdve of any of the Kin|f s fiibjeda, atty fum
or fmne of monev for the feal of any ctcotioii» after die iirid
fcaft to be awardea or obtained, than only iii d. fterling, upon
the pains and penalties before limited, containedy and expreff*
ed 11^' this prpfent aft, to be in Kke form recovered, as is afore«<
faid. •
VII. Provided always. That liiis aA be not in any wifelrart* Frovifofor the
ftt! or pncjncficia) to the archbilhop of Tirk^ nor 10 his fiicceflbssy probate of tef-
of, for, or concerning probate of teft»nent& within his pMvince S?w!I!Sc*'*f*^
and juriidiftion, by reafbn of any prerogative; any ifaia^ in thir Voric. ^
aft to the contraiy thereof notwithflanding, Rra. i &««Ph.
1^ A "D "V * &M»CwS«
Jin act for fepjffmnfs m^i ajfunmces of lands and Unementsi^c^^^f^no*
made to the uftof any parifii churchy chafel^or /unlike.
WHERE bj nafm of fnffmemt^ fines ^ rHoviritfyOfidotbir if^ FeofFmentt
tinny and ajfkrantesy made cftrufts^ cfmamrs^ lands^ tmn^ rfu^"'^*'*^
mmtSy and heri£tamntiy to the ufe of porijh tbuuhm^ ^^'^^^^nvr^itl^kc.
thtirib-wardenSy guildsy frattrnitits^ eommowttUsy iompaniis^ ^^ to churches, '
brothirbeqds errffed and made of dnwiion^ or if tommonafent rfthe coimooaaltiet*
people ujithout anj torporathny and alfi tfteafon of feofpmks^ ^^ ^^i^^^^'
rtcffoeritSy tuiSSf ami other tUjH made to anfi^H afan/mdyontntbe ufiS tong aiS hST
and intents to have ohites perpemaly or a toktinial fervke of omefi fubjlfls, at if
for every orfortbreefeoroy or fiurfcor^tyears^fomien* oiobiAfiu they were
^^ aliened in
^ mortmalnr
^.4P
AITunudcetof
lauidsto '
churches, *
chapels, Sec.
Ihallbevoia.
Cro, £]. s4S.
JiCou7i.
Vrpnfofot
aiTunuices of
lands to
churches, &c.
fsrxx. years.
Collateral mf.
'furancwinde-
fnadingd
theftatute
ihall be void.
.Anno vkefimo tcitio Henrici VIII. [1531.
end pnfiisefthiniaHorsy LpidSf tmmmtSy and henditaments^ when-
rf fiubfi^lfnints^finfiyncoxiirus^ ioills^ and other a£Is ban maii^
cr that the fnffeesy comfefs^ . recoverers^ or other perfonsy and tkir
heirs thereof/et/ed, Jbau take, levy^ receive ^ and perceive ^ or ccaife er
fiffer to he taien, levied^ and perceived the ijues, revenues, and pro-
Jits thereof y and the fame to difpofe, pay, convert, or otherwife im-
ploy orjujfer, or caufe to be dijpojed, paid, converted, or impbydu
any fitch ufes, intents^ or purpefis, as been above fpecified ortoanj
other Hkiufes and intents-, there groweth andijfueth to the King out
firuereipi lord, and to other lords andfiibje£ls of the realm, the fame
like lo^andineonvenieneies, and is as much prejudicial to them^ asdsth,
and is, incafe where lands be aliened into mortmain :
II. Beit thoxforeen^Aed by the King our fovereignloid, the
lords fpiiitual and temporal, and the commons, in this prefenc
parliament aflembled, and by authority of the fame, That all
.and every fuch u{bs, intents, and purpofes, of what name, na-
ture or quality they (hall be called, that (hall be devifed, cove-
nanted, made, dedared, or in. any wife ordained after theM
day of March, in the three and twentieth year of the reign of
our ibvereign lord King Henry the eighth, by any feoffee, reco-
verer, or cooifiec, or .by any other perfon or perfons to whofe
ufeany fuch feoflee, recoverer, or conifee (hall be feifed„ of any
manors, laiads; tendnents, or hereditaments, or oftbeiflues,
revenues, acid profits of them,.. or any of them, (hall be utterly
void, andof noilr^ogth, virtue, nor effed in the law.
III. IVovidtd ralv^^y. That it (hall be lawful to every perfon,
beingieiied of any manors,.lands, tenements, orhereditamentsto
his own proper ufe, or having ifeoffees, recoverers, pr conifees to
his ufe, to make^ ordain, or devife, or caufe to be made^ ordained,
or devifed, any of the ufcs, intents, or purpofes above fpecified,
in fuch manner as they might have done before the maidng of
this a<£t, and, as if this adl had never been had ne made; (2) fo
that no fuch ufes, intents, or purpofes to be fo niade, ordained
or devifed sifter the faid lirft day of March, be not in any wife
made, ordained, deyifed, or appointed, to endure, continue, or
abide by aily cn^t, colour^ terms, fentences, daufes, words, or
other means* above the term of twenty years next after the M
making and beginning of any fuch ufes, intents, or purpofes.
IV. And it is further enaded. That if any perfon or perfons,
in defrau4 oi this ftatute, bind or ordain any their heirs or fuc-
ce(rors, or any other perfon or perfons, that they (hall fuffer fuch
ufes, intents, and purpofes to endure and continue, contrary to
this 2iSt, upon pains or penalties of lo(res of any othef lands, teoe-
mentSy or h^r^taments, or of any other thing or things; or dp
attempt or devife by any colour, craft, or means, any thing or-
things, to make any fuch ufes^ intents, or purpofes to be declared,
contrary .to the true meaning of this adt, to continue or abide
for any longer time or feafon man is above limited for the fame;
that then . evisnr fuch pain, penalty, craft, colour, and every
other thing ana things, of what kind, nature, or qualitv(<'<^^f^
it be that ipaU be fo made, ordained, or devifed in defraud ofthis
• - ■ ' a%t.
'53*0 Anno Ticefima tertio HenriCi VIII. 241
a6l, fliall be utterly void in the law to all intents ; and thait this **
ilatute /hall be always interpreted and expounded, as beneficially
as may be, to the deftrudlion and utter avoiding of fuch ufes,
intents, and purpofes therein above remembered, and of all
other hke ufes and intents, otherwife than only after fuch man-
ner as is afore by this prefent a<5t provided.
V. Provided alway. That in fuch cities, and towns corporate, Cufoms&i ci-
"where by their ancient cuftoms they hive good and lawful au- tics and town*
thorities to devife into mortmain the lands, tenements, and he- f^ j^^^? ^
reditaments, within *the fame cities or towns corporate, that this *" *» *^ •
a6t fliall not be in any wife prejudicial or hurtful to any fuch
cuftom.
VI. Provided alway. That this aft, ne any thing therein con- p^vifoforthc
tained, ihall extend, or be in any wife prejudicial, tb hinder or devifesof the
impair any fuch ordinances, devices, or declarations of ufes, as executors of
fhall hereafter be made and declared in writing, by the executors ^™ ^^^
of the teftaments and laft wills of Robert Jannis and John Terry^ cityof Nor*
late aldermen of the city o(Nonvi<hy now deceafed, or by the wich.
executors or the furvivor df the executors of either of them, of
any lands, tenements, or hereditaments, not amounting in the
■whole above the clear yearly value of ifctty pounds, to be im-
ployed and converted to and for the dilcharee of tolls and
cuftoms within the faid city, and at thc'gates of the fame, for the
difcharge of the poor people within the fame city, of taxes and
tallages hereafter to be aflefled and levied, and for the cleanfing
of the ftreets of the fame city, or for any of the faid good pur-
pofes, according to the true intents and meanings of the laid laft
wills and teftaments, and either of them ; fo that the fame ordi-
nances, devices, and declaraitipns be had, made, and certified 7 & g W. 3*
in writing into the King's court of Chancery^ within two years c. 37.
next cnfuing the fcaft 01 Eajier next coming. 9 Geo- »• c 3^«
CAP. XL
Ah aci for clerks convict breaHngprifoft.
WHERE divers perfins iehtg convi^ of murder or fektif^ ^ Ed. 1. c. t;
having the privilege of their ckrgy^ wid delivered to the ordi-
naries^ afterwards willfully break theprtjons cfthe ordinaries^ andef-
cape their way Sy doing and committing greaty horribkyand dete/latle
offences; and as hitherto for fuch wilful breaking of prifons ofordind-
rie} by clerks eonvii5fy hath not been providedany great penalty , where-
by they flmldjland in dread of doing the fame : ( 2 ) Be it therefore It Is felony foy
enadted hj authority of this prefent pariiament. That if any ^j^^^^f^^i
clerk convi^ft, being in prifon of any ordinary, wilfully break thcordinMy^t
the faid prifon, and efcape his way out of the fame, that then prifoo, to
every fuch breaking of prifon and efcape, (hall be from hence- break the
forth deemed and adjudged felony, and the offender therein ^- «^
fhall have and fuffer fuch pain of death and penaltv, and lofs of ^ Y^/ • ^*
his lands and goods, as for other felonies is accuftomed by the
laws of this realm^ and (hall not in any wife be adixiitted to have
Vol. IV. R the
w
242 Anno viccfimo terdo Henrici VIIL [ » 53 i •
the privilege or benefit of his clergy, nor enjoy any fan^biary for
the fame.
Thqr which H. Provided alway. That if any fuch offender be within holy
bcinholvOT- orders, that is to fay, of the orders of fubdeacon, deacon, or
dcUvcired to priefthood, that then after he is conviA of the premifles, he (hall
the ordinary, be delivered to the ordinary, there to remain without any pur-
AltercdiSH-S. gation.
<^-'- , III. And it is enaded. That it (hall be at the liberty of the
The ordinary ordinary, to difgrade any fuch offender after he is found guilty,
dSc convia,* ^^^ delivered to him as a clerk convidt, and fend him before the
and fend him. King in his bench, with letters witneffmg the faid difgrading,
to the King's (2) and thereupon the juftlces of the King's bench, having the
^^*H^'8 record of his convidion, (hall have power and authority to give
»3 H. 8.C. 1. jujgn^gj^t againft every fuch offender, being convidei and dif-
graded, that he (hall fuffer death, like as they might do in cafe
the fame offender had been a lay- man, and arraigned, and found
guilty afore them of the faid offence, the delivering of fuch of-
fender afore to the ordinary notwithflanding.
CAP. XII.
An act for the exaction of tolls by the Severn ^Je.
HERE the King*sfubje£iSy faffing upon the river and water
j/" Severn, heme ufedtime outofmind^ tohaveandvfe acer^
tain path of one foot and a half broad on every fide of the fatd rtver^
for drawing up by lines or ropes ^ their trows y barges ^ boatSy and other
veffels pajftng or re-paffmg on the faid river ^Severn, with wine, er
any other merchandifcy without any impofitiony taxy or toll to he de-
manded of them that fhould carry wine in any of the faid veffels y for
the faid pajjlng and dratving in the faid paths acaiflomedy till nov^ of
late certain covetous perfcns have perturbed and interrupted nutnyofthe
King's fubje^Sy haling and drawing up their vejfels inthe faid pathsy
taking of them fines^ and draughts y and bottles of wincy and yet daily
ufe to takcy to the difturbance and lofs to many of the King^sfuljecfs :
The penalty u. Be it therefore enadled by the King our fovereign lord,
for hindering^ and the lords fpiritual and temporal, and the commons, in this •
on th?bank» prefent parliament affembled. That no perfon or perfons intcr-
of the river rupt by any ob(lacle, let, or otherwife, any perfon or perfons
of Severn, or pafling or re-pa(Iing, over iand upon every or the faid paths ac-
fn^^^oftoU^' cuftomed, nor alfo a(k, take, or demand any toll, called a
*"^ ^ ' draught, or bottle of wine, or any other tax or impofition of
any of the King's fubjeds there going in the faid paths ac-
cuftomed, upon every fide of the river of Severn^ there haling
or drawing their boats, trows, or veffels, (2) upon pain to for-
feit for every time that he or they fo (hall interrupt any of the
King's fubjeds, or afk or take any fuch impofition, by what
name foever it be called, forty ftiiUings ; the onehalf thereof to
be to the King our fovereign lord, and the other half to the party
grieved, that will fue for the fame by bill, plaint, information,
9H. 6. €. 5. or otherwife. In the which fuit no effoin, wager of law, norpro-
19 H. 7. c. 18. tcdlion (hall be allowed.
CAP.
153 1.] Anno vicefimo tertio Henrici VIII. 243
CAP. XIII.
An all for trial of murders in cities and towns.
FORASMUCH as trials in murders and felonies in cities^
boroughs y and towns corporate within this reahn^ having autho-
tity to proceed in the deliverance of fuch offenders^ been ofttntimes di^
f erred and delayed^ by reafon of challenge of fuch offenders^ for lack
of fufficiency of freehold^ to toe great hindrance of jujlice: (2) It
may therefore beenadled by authority of this prefent parliament. Trial of fr-
That every perfon and perfons,^ being the King's natural fub- ^^^^ '^ corpo-
je<a bom, which either by the name of a citizen, or of a free- S^auSTby
man, or any other name, doth enjoy and ufe the liberties and men worth xl.
privileges of any city, borough, or town corporate, where he li. in goods,
dwelleth and maketh his abode, being worth in moveable goods
and fubilance to the clear value of forty pounds, be from hence-
forth admitted in trial of murders and felonies in every feilions ,
and gaol-delivery, to be kept and holden in and for the liberty
of fuch cities, boroughs, and towns corporate, albeit they have
no freehold ; any act, flatute, ufe, cuftom, or ordinance to the
contrary hereof notwithftanding.
11. rrovided alway. That this a6t do not extend, in any
manner of wife, to any knight or efquire, dwelling, abiding, or
reforting in or to any fuch city, town, or borough corporate,
any thing in the fame adt mentioned or declared to the contrary
hereof notwithftanding.
CAP. XIV.
Procefs of outlawry to lie in aSionSy on 5 Rich. 2. and in
covenant and annuity.
FORASMUCH as there is great delay in anions of trefpafs
brought upon the fiatute of Richard the Second^ made in the
fifth year of his reign^ againfl them that make entries into any lands or
tenements where their entry is not given by the lawy and alfo in
aliens of annuity^ and anions ofcovenanty becaufe there lieth no pro-
cefs of outlawry in fuch nature of anions : (2) For reformation Likeprocefsto
whereof, it may pleafe the King's highnefs, by the advice of the ^^ ^^^ in
lords fpiritual and temporal, and the commbns, in this prefent an^uit'*'"' d^
parltameat ailembled, and by authority of the fame, to ordain covensmtt^as
and .ena<£j[. That like procefs be had hereafter in every adlion in an aaion
from henceforth to be brought upon the faid ftatuteof ^^r^r^ofdebt.
^uintOj a6 is in a common adion of trefpafs at the common law, 5 R« *• ftat. i.
(3) and that alfo like procefs be had in every writ of annuity g^ '^^j^
and covenant hereafter to be fued, as is in an aaion of debt. «<» 53. ^- *
Br.Pro«ers»ti4
115.
R 2 CAP.
244 Anno vicefimo tertlo Henrici VIII. [i 53^
CAP. XV.
^H all that the plaintiffs being nonfidied^JbaU yield damages
lo. Jbe defendanls in aHions perfonaly iy the dijcretum of
the juices.
Hutt. »i,69» 15 E it enacted by the King our fovcreign lord, and the lords
7 '^^11 ^ JE> (pirituai and temporal, and the commons^ in this prefeat
ft Roll', mi'j. parliament aflembled, and by authority of the fame. That if any
Hetl^*, 14.6. perfon or perfons, at any time after the feall of the Punficatica
5 R. ^. ftat. I. of our Lady, in the twenty third year of the reign of our fo-
8 El vcreign lora K^ng Henry tne Eijghth, commence or fue in any
ftloft^^Vi. court Qf record, or elfewhere m any other court, any action,
Cro. £1. 177, biJl, or plaint, of trefpafs upon the fiatute of King liJchard xhc
300,465,503. Second, made in the fifth year of his reign, for entries into
jBulftr. ft48. lands and tenements, where none entry is given by the law,
pl.°85*7. *^' M or any action, bill, or plaint of debt pr covenant, upon any
Br. Coft«. 13. efpccialty made to the plaintiff or plaintiffs, (3) or upon any
3 Leon. 9». contract fupppfed to be made between the plaintiff or plaintiffs,
iSalk.»07. and any other perfon or perfons, (4) or any aftipn^ bill, or
s Lco"^9, s». P'?^^ o^ detinue of any gpcxis or chattels, whereof the plaintiff
Where the ' pr plaintiffs (hall fuppofe that the property belongeth to them,
piaintiflF is or to any of them, (^) or any aftion, bill, or plaint of account,
th '^defendant ^^ *^ which the plaintiff or plaintiffs fuppofe the defendant or
ihzXL recovo-" defendants to be their bailiff or bailiffs, receiver or receivers of
coftt. their manor, mefe, money, or goods, to yield account, (6) or
any adtion, bill, or plaint upon the c^fe, or upon any Aatute,
for any offence or wrong perfonal ioimediatelv fuppofed to be
Fartbcr pro- done to the plainliff or plaintiffs, (7) and the plaintiff or plain*
hereto "*^ tiffs in any fuch kind of afijkjn, bill, or jJaint, after appearance
4. Jac. I.e. 3. of the defendant or defendants be nonfuited, or that any vcrdidt
Mod. Cafea in happen to pafs, by lawful trial, againft the plaintiff oir plaintiffs
law, 344. in any fuch a^ion, bill, or plaint, that then the defendant or
defendants in every fuch aAion, bill, or^plaint, (half have judg-
ment to recover his cofts a^inft every fuch plaintiff or phuntiffs;
(8) and that to be afllefled and taxed by the difcretibn of the
judge or judges of the court where any fuch a£tion, bill, or
plaint (ball be commenced, fuecl, or taken; (9) and alfothat
every defendant in fuch aSion, bill, or plaint (h^ll haye fuch
procefs and execution for the recovery ana having of his cofts
againft the plaintiff or plaintiffs, as the fame plaintiff or j^aiotiffs
Dyer, 31. (hould or might have had againft the defendant or defendants, in
J 71.' cafe that judgment had been given for the part of thefaid plain-
iro, Coftft, 13. tiff or plaintiffs, in any fuch a^ion, bill, or plaint.
He that fueth u^ Provided alway. That all and every wch poor perfon or
/'Jrl^u ^" perfons being plaintiff or plaintiffs in any of the faid adions,
otherwife po- bills, or plaints, which at the commencement of their Cdits or
oiOied. actions be admitted by difcretionc^ the judge or judges, where
8 Roll. 88. » fuch fuits or actions (hall be purfued or taken, to have their pro-
cefs and CQunfel of charity, without any money or fee paying
for
153'tO Aih^ vicefirto teitio Henrici VIII. 245
lor the fame, (hall not be compelled to pay any cofts by virtue
and force of this {htute, bnt (hall fuiier other pun*i(hment, as
by tM difcretlon of the juftices. or judge, zfocc whom fuch futts
ihall depend, (halt be thought reafonable, any thing afore re^
hcaried to the contrary hereof notwithftanding.
CAP. XVI. J?;'!;!?^?-
It (hall be felony to fell, exthangc, or deliver to any Scoti/hmanynivcd by 1 El.
or witnih Scotland^ any horfe, gelding, &c. c. 7. and re-
pealed by
CAP. XVII. 4jac.i.c.i.
For the winding of wool.
B^E it criactcd by the King' our fovefeign lofd, and the lordi No wool (hall
► fpirihial and temporal with the commons, in this prefent !»woundthat
Earliament a(remBled, andby authdrityof the&mc. That from "^Sywa^.
enccforth no manner of perlbh ne penbiis do wind, or caiile to
be wound any fleece of ^ool being not fufHciently rivered or
wa(hed, [t) ne wind, nor cauft to be wound within any fltisce,
day,' lead*, (lohes^ fand, tails, deceitful locks, cot, cals, comber,
lambs wool, or any other thing, whereby the fleece mjiy be the No deceitful
more weighty, to the deceit and Ibfs or thfc buyer; (3) upon ^"^^U***
pain the feller of any (bch dcceitftil' wools to forfeit for every JJ^"
fuch fleece v\A\ the one ihoiety to the King, the other to the % h.6. c i$.
finder and prover of the fame deceit, by aAion of debt, by ori'-
^inal'writ, bill, plaint, itlformation, or otherwi(c, in any of th^
King's courts, in which aSion no wager of laW^ efloin,or pny-
teAion (hall be allowed for the defendant.
m Provided alway. That this ad concerning rivering and ^u^^^^^Li
va(hing of any wool, (Kail not in any wife extend to aiw (hire or uJiSt^alhcd
fliires, the inhabitants whereof have not cuflomably uled before or where
this time to river or wa(h their (heep afore they be (horn, (2) fleeces be fold
nor (hall in any wife be hurtful or prejudicial to any perfon or 5,^ '^'** . ,
per(bns that have ufed ciiftomaUy to fell their wools by tale or „ h!"^! c. 17*
number of the fleece or fleeces^ and not by the weight; anv u $7 H. 8.
thing in this zSt to the contrary notwithftanding : (3J this aa c* ^j*
to endure to the next parliament. tJlal b^^I
CAP. XVIII. ^^^
For pulling down of piles and fijh-gartbs in the rivers Oufe
arjd Humbcr.
THE nu^ry fieriffsy and commonalty of the city of York»
and other the Kin^s true fubjc£ls inhabiting and dwelling
nigh unto the river of Oqfe, and the water of Humber, anddl
other occupiers of the fame river and watery Jamentahfy complain-
ing^ /hewn unto our fovereign krd the King., the lords fpirituat
and temporal^ and the compions^ in this prefent parliament ajfem-
bledy That where the faid city^ being one of the moft ancient cities
of this realm^ hath been much relieved^ maintained^ andfupportedby
the faid river a/* Oufe, and water of Humber, which be the com^
mon and dire^ parage and way from Hull unto York aforefaid^ by
R 3 reafcn
246 Anno vicefimo terdo Henrici VIIL [1531-
reafon that many Jbips^ ieyhy c^s^ and hotSj and other wjjils
have heretofore had their frank fqffagesy without lety impediment^
or interruption^ in and upon the faid river and water of Oufc,
and Humber, from divers parts of this realm unto the faid city^
Theinconve- whereby the faid city hath hitherto m^ tbiefly been advanced i (2)
niencea enfu- and now of late certain perfons^ fludying only for their own private
ol^fiib-mtiuF ^^^^^'i ^^^ regarding the common weal^ but daily imagining the ia-
itaktsy piles/ ter de/lnUfiony ruin^ and decay ^ the. faid city^ and the countries
&c. in Oufc adjoining upon the faid river y Oufe, and water of Humber,
and Jluiiiber; and occupiers thereof j have^ and daily do keep^ preferve^ and
maintain certain engines for taking of fijh in the faia river ojid
water of 0\xit^ and Hxxmbet^ commonly called fifli-garths, andfet
in the faid river and water y in fuch places of the fame vohere
Jhips Jhould hdve their liberal and direct paffage^ in the midfl of
the Jireams of the faid river of Oufe and water of Humberj
flaieSy piles y and other thingSy in and upon the common pafjage
for JhipSy ieylSy cogSy boatSy and other vejfelsy at divers and many
places in, the faid river of Oufe, and water of Humber; by
fcafon whereof not only the faid JbipSy keylsy cogs, boats^ and
ether veffels are daily in jeopardy^ and meny children^ goodsy and
^er,chandifes in the famey of. late have beeUy and daily be like
more to increafe to he drowned^ jjaih^ and dejiroyed^ but alfothe
brood and fry of fiJh in the faid river y and water of Oufe,
and Huqiber, be commonly thereby dejlroyed and putrified^ to the
utter impov^riftment and dellruSion of the faid city, unlefs
A commiffion /P^^^ '"^f^^ ^^ /« ^^^ behalf Jbortly provided :
jdiall be directed to viij. perfon* to caufe (iich filh- garths, pilej, &c, fetin the rivers Oufe
and Humber to be pulled down. Two piles for water-marks (hall be fct up in the river.
The lord chancellor may upon requeft grant the like commiiTion at ^11 times. No fifh-
Ifirth or other engine (hall be fet up m Oufe or Humber. With what nets men Ihall
filh. Tlie forfeiture of the offenders, and who (hall have it.
CAP. XIX.
The Kine^s pardon to all his fpiritual fubje(5ts within the pro-
vince of Torky and qi al] pfTenc^s and penalties not herein
EXP. excepted.
CAP. XX.
jin all concerning reftraint of payment of Annates to the fee
ofl^omt.
^^- '"J^ TpPR ASMUCH as it is well perceivedy by long approved experi-
^Cc^lxTli ^^^"^ ^^^^ ?^^^^ ^^ ine/limable fums of money have been daily
c. ,. ' * ^' tonveyediut of this realmy to the impoverijhment of ihe fame\ and ef
Great fums otpe dally fuch fums of money as the Pop^s holinefsy his predece/TorSy and
money J»ave fhg court y'Rome, by long time have heretofore taken of all andfsn-
ourofthr^ f /^&r thofe fpiritualperfms which have been namedy ele6ledy prefentedy
realm, &c. for orpoflulated to be hrchbijhops or bijhops within this realm of England,
firft fruits of under the title of AnxiTXt^y otherwife called firjl-fruits : which Pin--
archbi(hop. hatcs, or firft-'fruitSy have been' taken of every archbijhopricky or
bUhopricks iifiopricky within this realm; by rettraint of the Pcpfs bulls y for
: . ' confirmations y ele5lionSy admijfionsy poflulationSy prcvifionSy collationsy
difpofttionsy infiitutionSy inftallationSy inveftitureSy orders^ holy bene-
di^ions
1 53 1 •] Anno viccfimo tertio Henrici VIII. 247
di£fions^ paUes^ or other things requijtte andneceffbry to the attaining a^C without
thofe their promotions \ and have been compelled to payi before they could "^^^^^ ^'^'
attain the fame^ great fums of money ^ before they might receive any not be^had at
part of the fruits of the faid archbijhopricij or bijhoprici^ wberetmto the fee of
£hey were named^ ele^ed^ prefented^ or pojlulated-, by octafion where- Rome)
cf^ not only the treafure of this realm hath been greatly conveighed out *° f^.Jmpo;
cf the fame J but alfo it hath happened many times ^ by occafion of deaths th"natioir*
unto fuch archbiJhopSy and bi/hops^ fo newly promoted^ within /w^^randfomctinics
three years after his or their confecration^ that his or their friends y by the ruin of the
-zohom be or they have been holpen to advance and make payment of the friend* of the ,
Jhid Annates, or firft- fruits ^ have been thereby utterly undone and im- ^^^^ "^^^^
poverijhed: and for becaufe the faid Annates have rifen^ grown^ and *
encreafedy by an uncharitable cuflom^ grounded upon no jufl or good
title y and the payments thereof obtained by reftraint of bulls ^ until the
fame Annates, or fir ft -fruits ^ have been paidy orfurety made for the
fame ; which declareth the faid payments to be exa6ledy and taken by which de-
cfnjirainty againfl all equity and jujlice: the noblemen i^^^fireof^^^^^^^^
the realm y and the wife^ fage^ politick commons of the fame ^ of em- J^* juft jtidc,
bled in this prefent parliament^ confidering that the court of Kome
ceafeth not to tax^ take^ and exaSf toe faid great fums of money, under
the title of PiXimttSy or firfl fruit Sy as is aforefaidy to the great da-
mage of the faid prelateSy and this realm \ which Annates, orfirfl^
fruits J were firft fufifered to be taken withinthe fame realm^for the
only defence 0} cbriflian people againji the infidels j and now they be
claimed and demanded as mere duty, only for lucre y againfl all right *
and confidence : infomuch that it is evidently known y that there hath y^j ^^^ ^^
pajfedout of this realm unto the court ^Rome, fithen thefecond year lecond H. 7,
of the reign of the moft noble Prince y of famous memory y King Henry i6o,oool. hath
the Seventhy unto this prefent time y under the name of Ann^X^^y ^r^^"P^3^^<»
firjl-fruitsy payed for the expedition of bulls of archbififopricksy and^^^'^^^^^*
bifl>oprickSy the fium of eight hundred thouf and ducats y amounting in
fterling money y at the leafty to eightfcore thoufand pounds^ be/ides other j^^j^g ^^1,^^
great and intolevable fiums which have yearly ieen conveighed to thefiaidgrezt fums;
court of Rome, by many other ways and means y to the great im-
poveri/hment of this realm: and albeit y that our fiaid Jovereign the ^^^ ^^^Z^
Kingy and all his natural fubje^Sy as well fipiritual as temporaly *^^^ hisfublc^s are
as obedient y devout y catholick and humble children of Gody and holy obedient chil-
churchy as any people be within any realm chriflned\ yet the faid ex- dren of
aSlions ^/"Annates, or firfl-firuits^ be fo intolerable and importable to holy church.
this realmy that it is confidered and declaredy by the whole body of this ^ ^^ ^j^- ^
realm now rcprefented by all the eflates of the fame affembled in this Jxaaioni be-
prefent parliament y that the King^s.Highnefis before Almighty Gody is ingintolera-
boundy as by the duty of a good ckrifiian princcy for the confervaticn Wc theeftate$
and prefervation ofi the good efiate and common-wealth of this his {^.n^^tjiat
realmy to do all that in him is to obviatey reprefis and redrefs the faid the King is
abufions and exaSlions ^Annates, or firfi fruits: and becaufe that bound io re-
divers prelates of this realmy being now in extrsam agCy and in other prcfs them ;
debilities of their kJ:eSy fo that flikelihocdy bodily death inft>ori time Eaive^"^
Jhall or may fucceed unto them-, by reafon whereoj great fums of money prelates arc in
fiyall flycrtly afur their deaths be coKveighcd unto the court cf Rome, extrcam agp,
fr the unrefffinable and uncharitable caufe: aiczrfaidy to the univcr-
' R4 f<^^
248 Anno viccfimo tcirtio Henrici VlIIw [r 5 3 x •
fal damage^ pr eju^ce ^ tmd imptyumflmient of this realm J ifjpad^re^
miifbe not in due time provided :
All fuch wy- II. It is therefore ordained, eftabjiftied^ ami enaded, by au-
San are dc- ^^^'^^ of this prefent parliamentj That the unlawful payment
dared in this of Annates ^ or firft-fhiits, and all manner contributions for the
a^ifliallceafey fame, for any archbi(hoprick, or biflioprick, or for any -bulls
hereafter to be obtained from the court of Rfimif to or for the
aforefaid purpofe and intent, (hall from henceforth utt^ly ceafe,
and no fuch hereafter to be paid for any archbifhoprick, or
bifhoprick, within this realm, other or otherwife than hereafter
f "^^fh^ii^* in this prefent a<Sl is declared ; and that no manner peribn^ nor
them *iii£n^ perfons hereafter to be named, eleded, prefented, or poftulated
pain to forfeit to any archbiflioprick, or bilhoprick, within this realm, (hall
ffoods, &c. to pay the faid Annates^ or ftrft-fruits, for the fald archbifhoprick,
tbc King } jjj. bilhoprick, nor any other manner of fum or fums of money,
pcnfions or Annates for the fame, or for any other like exaAion,
or caufe, upon pain to forfeit to our faid fovereign lord the King,
his heirs and fucceiTors, all manner his jgoods and chattels for
ever, and all the temporal lands and poflcffions of the famearch-
bifhoprick, or bi(hoprick, during the time that he or they which
fhall offend, contrary to this prefent adl, (hall have, poflefs, or
enjoy the archbi(hoprick, or bi(hoprick, wherefore he (hall fa
offend contrary to the form aforefaid. And ftuthermore it is
and if any enadtcd, by authority of this prefent parliament. That if
laycd?or dc'- ^^X P^'o^ hereafter named and prefented to the court of Renu
nwd his bulls by the King, or any of his heirs or fucce(rors, to be bifhop of
at the court any fee or diocefe within this realm hereafter, (hall be letted,
of Rome, deferred, or delayed at the court of Rome from any fuch bifhop*
rick, whereunto he.(hall be fo reprefcnted, by means of relh^nt of
bulls apoftolick, and other things requifite to the fame ; or (hall
be denied at the court oiRomej upon convenient fuit made, any
maqner bulls requifite for any of the caufes aforefaid, any fuch
he^«ll be perlon or perfons fo prefented, may be, and (hall be confecrated
by his^^ch- ^^^ ^" E^ngland by the archbi(hop, in whofe province the faid
bUhop, being bi(hoprick (hall be, fo al way that the fame perfon (hall be named
fktik named by and prefented by the King for the time being to the fame arch«
the King i bifhop : and if any perfons being named and prefented, as afore-
b?fliop"being ^^^^» ^^ ^^y archbiftioprick of this realm, making convenient fuit,
lbjetted»./hall ^s 1$ aforefaid, (hall happen to be letted, deferred, delayed or
beconfccrated Otherwife difturbed from the fame archbi(hoprick, for lack of
by twobifltopa pall, bulls, or other to him requifite, to be obtained in .the court
by the^lLTng- ^^ ^^^ '" ^^^^ behalf, that then every fuch perfon nam^d and
prefented to be archbilhop, may be, and (hall be, confecrated
and inveflod, after prefentatian made, as is aforefeid, by any
other two bilhops within this realm, whom the King.'s highnefs,
or any of his heirs or fucceflbrs. Itings of England^ for the time
(as divers being, will afTign and appoint for the fame, according and in
havVbceiO ^^^^ manner as divers other archbi(hops and bi(hops have been
heretofore, in antient time, by fundry the King's mod noble
progenitors, made, confecratea, and invefied within this realm :
and that every archbi(hop and Si(hop hereafter, being named
and
i[ 5 3 < •] Anno vicefimo terdo Henrici VIIL 249
and pnefentedby the King's htghnefs, his hen*$ or fucceflbrs, after which.
Kings of EnglanJy and fong confecrated and' invefted, as is ^$^^ **Jj"
aforcfiud, (haU be inftaUcd accordingly, and (hall be accepted, archbifh'^p
taken, reppted, ufed, and obeyed, as anarchbiftiop or Ufhop of and bidiopof
the dignity, fee or place whereunto he fo (hall be named, pre- the fee*
Rented, and confecrated» requireth ; and as other like prelates of
that province, fee, or diocefe, have been ufed, accepted, taken,
and obeyed, which have had, and obtained compleatly, their
bulls, and other things requiiite in that behalf from the court
of lipmi. And alfo (hall fully and entirely have and enjoy all the ^^^ - ..
fpiritualities and temporalities of the faid archbifhopricfc or j^oy ^u fpin!.'
bifhoprick, in as large, ample, and beneficial manner, as any of taalties and
his or their predecefTors had, or enjoyed in the faid arc)i- ^"iporalties,
bi(hoprick, or bi(hoprick, fatisfying and yielding unto the King
our (overeign lord, and to his heirs and fucceflbrs. Kings of
Enghndj all foch duties, rights, and interefts, as before this time yielding linto
had been accuftomed to be paid for any fuch archbi(hoprick, the Kin^ all
or bi(hoprick, according to the antient laws and cuftoms oi this ^^^^^^ "ghtt*
realm, and the King's prerogative royal. ^'
III. And to the intent our (aid holy father the Pope, and and that due
the court of Romfy (hall not think that the pains and labours reward may
taken, and hereafter to betaken, about the writing, f^^gj^L^J^Sedk^**'
obtaining, and other bufinefies fufbined, and hereaf^r tobe^f^j]^ *^'
fuftained, by the offices of the faid court oiRome^ for and about
the expiedition of any bulls hereafter to be obtained or had' for
any fuch archbifboprick, or biihoprick, (hall be irremunerated,
or ihall not be fafficiently and condignly recompenfed in that
behalf; and for their more ready expedition to be had therein ;
it is. therefore ena^ttd by the authority afbrefaid. That every ^^^^^^^
fpiritual perfon of thb realm, hereafter to be named, prefented, prelent^ to
or pofttriated, to any archbifhoprick or bifhoprick of this realm, archbifhop-
(hall and may lawfully pay for the writing and obtaining of his r|.^» ^r .
or their faid bulls, at the court of Rom^ and enfealing the fame ^JjJfl^P"^ "^'l^
with lead, to be had without payment of any Annates^ or firft- for eveiy *
fruits, or other charge or exadtion by him or them to be made, hundred that
yielded, or paid for the fame, five pounds Sterlings for and after ?*»«F^™<>^i«>«
the rate of the clear and whole yearly value of every hundred "^j^^j^^^
pounds Stertingy above all charges of any fuch archbifhoprick, ^
or bifhoprick, or other money, to the value of the faid five
pounds, for the dear yearly value of every hundredth pounds
of every fuch archbifhoprick, or bifhoprick, and not above, nor
in any otherwife, any thing in this prefent a<5t before written
notwithftanding. And forafmuch as the King's highnefs, and ^^^it parlia-
this his high court of parliament,- neither have, nor do intend to ment not wil-
ufe in this, or any other like caufe, any manner of extremity or lingt© ufc ex-
violence, before gentle courtefie or friendfhip, ways smd means ^^^^^^ ^^'
firft approved and attempted, and without a very great urgent caufe)^^*"
caufe and occafion given to the contrary, but principally coveting
to difburthen this realm of the faid great exadlions, and intole-
rable charges o{ Annates^ aad firft-fruits, have therefore thought ^^^^ ^^^^
convenient to commit the final order and determination of the mitted this
prcmiflcs, matter to the
250 Anno viccfimo tertio Henrici VIII. [ 1 53 1 •
Ktng(tocom- premiiles^ in all things, unto the King's highnefs. So that if
pound it with j^ ^ay fccm to his high wifdom, and mod prudent difcretion,
the court of ^^^ ^^ move the Pope's holinefs, and the court of Romf, ami- '
**°**^ cably, charitably, and reafonably, to compound^ other to extinct
and make firuftrate the payments of the faid Annates j or firft-
fruits, or elfe by fome friendly, loving, and tolerable compofirion
to moderate the fame in fuch wife as may be by this realm
whofe com- eafily borne and fuftained ; that then thofe ways and compofi-
pofitions (hall tions taken, concluded, and agreed, between the Pope's holinefs
J^ »n^^^% and the King's highncfs, (hall (land in ftrength, force and cfFea
» of law, inviolably to be obfcrved. And it is alfo further or-
dained, andenadted by the authority of this prefent parliament.
That the King's highncfs at any time, or times, on this fide the
and who (hall fcaft o( Eajiefy which (hall be in the year of our Lord God, t)nc
have power to thoufand five hundred and three and thirty, or at anv time on
declare, by ^j^jg (jj^ y^^ beginning of the next parliament, by his letters pa-
tent "whether ^^^^^ under his great feal, to be made, and to be entred of re-
this (hall be a cord in the roll of tHis prefent parliament, may and (hall have
ftatuteornot, full power and liberty to declare, by the faid letters patents,
whether that the premi(res, or any part, claufe, or matter there-
of, (hall be obferved, obeyed, executed, and uke place and cfFe(^,
S tf ' ^f ^'^^ ^* *^ *^ *^^ (tatute of this prefent parliament, or not. Sq that
whole or iV* ^^ *^^^ highncfs, by his faid letters patents, before the expiration
part (hall be of the times above limited, thereby do declare his pleafure to
void, be, that the premi(res, or any part, claulc, or matter thereof,
(hall not be put in execution, obferved, continued, nor ob^ed,
in that cafe all the faid premises, or fuch part, clauife, or matter,
as the King's highnefs fo (hall refufe, difa(firm, or not ratify,
(hall (land and be from henceforth uttely void and of none effe<5l.
and what he And in cafe that the King's highnefs, before the expiration of
X*n h^^^\ ^^^ ^inies afore prefixed, do declare by his faid letters patents,
in^xecuSon ^'^ picafure and determination to be, that the faid premifles, or
every claufe, fentence, and part thereof, that is to fay, the whole,
or fuch part thereof as the King's highnefs fo (hall a(firm, ac-
cept, and ratify, (hall in all points ftand, remain, abide, and be
put in 'due ana efFe<Sual execution, according to the purport,
and be as a- tenor, efFedt, and trqe meaning of the fame ; and to ftand and
vailablcinlaw, fc^ from henceforth for ever after, as firm, ftedfaft, and available
as^any other j^^ ^^^ ,^^^ ^^ ^^^ f^^^ j^^j ^^^ f^jjy ^j perfedly eftabli(hed,
ena<fted and confirmed, to be in every part thereof, immediately,
wholly, and entirely executed, in like manner, form, and cfi5^,
as other ad^s and laws ; the which being fully and determinately
Ifnoredrefs made, ordained, and ena(5led in this prefent parliament. And
may be had if that upon the aforefaid reafonablc, amicable and charitable
by thcfc ami- ^^ys and means, by the King's highnefs to be experimented,
cable means, jj^Qy^j^ qp compounded, or otherwife approved, it (hall and may
appear, or be feen unto his grace, that this realm (hall be con-
tinually burdened and charged with this, and fuch other intolera-
ble exaftions and demands, as heretofore it hath been; and that
but the court thereupon, for continuance of the fame, our faid holy father the
of Rome (hall Pope, or any of his fucceflbrs, or the court of ^<y;77/r, will, or do,
or
^53^0 Anno vicefimo quarto Henrici VIII. 25 c
or caufe to be done at any time hereafter, fo as is above re- enforce the
hearfed, unjuftly, uncharitably, and unreafonably, vex, inquiet, oJ^"""|" ^"^
moleft, trouble, or grieve our faid fovjereign lora, his heirs or adions, bf
fucceflbrs. Kings of England^ or any of his or their fpiritual or cxcomrauni-
lay fubjedts, or this his realm, by excommunication, exco- catioiu, in- -
xncngement, interdidion, or by any bther procefs, cenfures, ^^''^*"*» ^c*
compulfories, ways or means ; be it ena(fted by the authority
aforefaid, That tnc King's highnefs, his heirs and fucceflbrs, ^
Kings oiEnglandyZni all his fpiritual and lay fubjeds of the >n^J?ch cafe,
lame, without any fcruples of confcience, (hall and may law- *J;/^^."J|Jf '^'*
Ailly, to the honour of almighty God, the encreafe and con- lervices (hall
tinuance of virtue and good example within this realm, the faid continue to
cenfures^ excommunications, interdiSions, compulfories, or any ^^ "*-"i?'*^'
of them notwithftanding, minifter, or caufe to be miniftrecl, "otwithftand*
throughout this faid realm, and all other the dominions or ter-
ritories belonging or appertaining thereunto, all and all manner
of facraments, facramentals, ceremonies, or other divine fervices
of the holy church, or any' other thing or things neceflary for
the health of the foul of mankind, as they heretofore at any time *"d the ex.
or times have been virtuoufly ufedoraccuftomed to do within the «>™«pvnjf«^
f , * ^ 5» 1 /• • • tions, inter-
fame; and that no manner fuch cenfures, excommunications, dj^s, &c. fliall
interdidlions, or any other procefs or compulfories, (hall be by not be ex«
any of the prelates, or other fpiritual fathers of this region, nor ecutcd*
by any of their minifters or fubftitutes, be at any time or times
hereafter publiihed, executed, nor divulged, nor fuffered to be
publi(hed, executed, or divulged in any manner of ways.
Memorand. ^uod nono die Juliiy anno regni regis Henrici w- ^*^*' ^^^
tepmo auintOy idem dominus rex per tit eras fuas patentes Jub magno'
Jtgilhmoftgillat. A^um .prediShm ratificavit V ccnfirmavit^ et a£ftd
illi aj/enfumfuum regium dedit^ prout per eafdem Uteras patentesy cu-
jus t'euor fequitiir in hac verba^ magis aperte conjlat.
Then follows the ratification in form, with the adl recited at Ratified and
large. confirmed by
^ 25 H. S. c. 10.
f.a.
Statutes made at Weftminflery Anno 24 Hen. VIII.
_ and Anno Dom. 1532.
A£ts made in thefejjion of this prefent parliament bolden upon
prorogation at Wcftminftcr the fourth day of February,
in the four and twentieth year of the reign of our mofi
dread fovereign lord King Henry the Eighthy and there
continued and kept till thefeventh day of April then next
enfuingy to the honour of God and holy churchy and for the
common weal of this bis realm.
CAP.
c.
252 Anno viceflmo quarto Hs:NRrci VIII. [1532,
CAP. r.
J^KP- 5 Bl. Tanrted' leather fllill not be fold'but in operi ftirs and ihsffkcts,
c. «^& 1 jaci. ^^r before it be fcarched and fealed. Who fliall be fearchcrs
and ftaldrs, and ^hat their duty is. The cuniers duty in
currying of leather. The offenders forfeitures, and who maU
have them.
C A P, n.
No perfon (hall die or alter any woolen cloth, or hats, or caps,
uniefs the fame be perfeAly boiled^ grained or maddered up-
on the woad with good cork or orchd ; (2) no dyer (hall oc-
capy brasile in the dying of woolen cloths, hats or Caps, nor
any dung but grain only in the dying of fcarlet. Tc mtim
U tbi next parUamenU
CAP. nr.
ft^H. t.c.T. Beef, pork, mutton and veal (hall be fold by weight called
17 H4 »k c. 9* Havir-de-pois. No perfon (hall take for a pound of beef or
Rep. 33 H. I. pork above ob; nor for a pound of mutton or veal above ob. q.
^' '*' and Icfs in thofe counties where they be fold for lefs.
CAP. IV.
Exp. 33 H. S. Every perfon having in his occupation threefcore acres of land
^E? c *P^ tillage, (hall fow one rood with flax- or hcmpfeed,
^ep. by^^sEU "P^** P*^" ^ forfeit iii. s. iv. d. for every- forty acres. An acrj
c. 7. Cii* fliall be counted 160 perches, and every perch 16 foot and
a half.
GAP. V.
That a man killing a thief in bis defence^ Jhall mit M^^
bis goods.
3 Inft. s«i6s, T?ORA8MUCH as it hath been in queftion and ambiguity, tha
1*^- -T ifaty evil difpofed perfon crperfons do attempt fekni^fif to m
1 Andcrf^i. ^^ ^'^^^ afTfpetfon or perfons in or nigh any common highway y tart-
' ttwy, horje-way^ orfoot-zjuay^ or in their man/ions^ mejitages^or dwei-;
ling-places, or thatfehnioujly do attempt to break any dweVing-i^fi
No forfeiture /^ ^^^ night-time, Jbould happen in bis or theit being in thiir m
a thief at? felonious intent^ to beflain by him or them whom the faid einl-mj
tempting to Jhotddfo attempt to rob or murder, or by any perfon or perfons being tn
rob one by their dwelUng-houfe, which the fame evil-doers fhouldjo attembt bwrg-
the highway, ]arily to break' by night ^ if the faid pe/fon fo happening in fuch ccfil
to flay anyfuch perfon, fo attempting to comnSt murder or burgbq,
Jiouldfor the death of the faid evil difpofed perfon forfeit or kft ^i
gdods and chattels for the fame, as any other perfon fiottUdo^l^,^
ehancermedleyjhoidd happen to kill or flay arn other perfon inmsff
their defence I (2) for the declaration of the which ambigwy
and doubt, be it cnacftcd by the King our fovereign lord, witn
the aflTcnt; of the lords fpiritual and temporal, and the commons,
in this prefcnt parliament aflfembled, and by authority of tw
fame, That if any perfon or perfons., at any time hereafter*? "^
indictca
1 532.]' Anno vicefifno quarto Henrici VUL 253
indidted or appealed of or for the death of any fuch evil difpoled There (hall be
perfon or perfons attempting to murder^ rob, or burglarily to "ofoifeitore
break manfion-houfes, as is abovefaid, that the perfon or per- Zq^ for^thc
ions fo indidled or appealed thereof^ and of the fame by verdidt killing of any
fo found and tried, (hall not forfeit or lofe any lands, tenements, pcricm that
^foods or chattels, for xhe death of any fuch evil,difpofed perfon attempted tp
an fuch manner flain, but ihall be thereof, and for die fame robT^*^ ^
fully acquitted and diicharged, in like manner as the iame{>er-
fon or peribns (hould be if he or they were lawfixUy acquitted of Cro.€ar« 544]
the death of the Cud evil difpofed peribn or peiTons.
CAP. VI.
The penalty for not felling of wines at the prices aflefled. Rcp^ *« J*c*»-
28 H. 8. c I A. (2) In what cafes juftices of peace and other ^' **•
officers may fcll other men's wine. 37 H, 8. r. 23. (3) He
that keepeth wine in his houfe to fpena or retail^ mall not be
enforced to fell it in grofs.
CAP. VII.
Whatfoever butcher killeth a calf to fell that is calved between Exp. 14 EL
the firft day of Jamuiry and the firft of Majfy (bail fivfeit vi. s. ^ " -
viii. d.
CAP. vm.
Jft off where defemlants fiall not recover anf eofts.
BECAUSE as well many recognizances^ obligations^ indentures %i H. ilcis,
and otherfpecialtieSj as alfo many contrails heretofore have been
taken -and made between divers perfons being of the Kin^s mofi
honmrable council, and others hisfulje^Sy and fy and between other
perfonSy to the ufe and behoof ofourjaidfovereign lord the King^for
great fums of money y then being to his grace due^and for his provifions^
and other caufes 5 {2) for which debtSy anions by the laws of this
realm be to be commenced^ filed andprofecuted to the Kings ufe^ by and
in the name and names of the perfon or ferfons to whom thefaid r/-
eognizance^j obligations and other fpecialttes were made^ or by thofe to
whom the faid contracts were made : ( 3) be it therefore ordainea and
enaded by authority en this prefent parliament. That albeit that ^j* **»' ^"f*
the plaintiff or plaintiffs be or (hall be nonfuitcd in any whatfo- ZIxm^^
ever aAion, fuit, bill or plaint, compfienced, or to be com- cover coftt/
menced, fued, or to be fued, to the ufe of our faid fovereign
lord tiie King, his heirs or fucceilbrs. Kings of England^ or that There (hall be
it (hall happen any verdlA to oafs againft any fuch plaintiff or »<? ^'^^^
plaintiff^, in any a«ion, fujt, bill or plaint, fued or to be fued, to S'thc'defaii.
the King's ufe ; the defendant or defendants (hall not recover dant where *
any cofts againft any fuch plaintiflP or plaintiffs ; any adt or any aaion i«
fhitute made in this prefent parliament, or any other thing to ^?d to the
the contrary being in any wife notwithftanding. '^^^ * '***•
CAP. IX. Exp. H El.
Butch/ers fiiall kill no wainlings under twp years old. Lords s^eV. c. it.
marchers (hall have their forfeitures within their liberties. Continued to
2) juftices of peace (hall hear and determine the fame of- theend of the
• -^ ^ next feffion of
PAP l^rliament by
CAT. , Jac.i.c.i5.A
^1 Jac. i.c«aS.
(2) Jul
fences.
254 Anno viccfimo quarto Henrici VIII. [1532.
C A P. X.
FcT the deJiruSlion of crows and rooks.
ChoQghs» T?ORASMUCH j; inmfmerabU number of rook^ crows end
crow« and J} choughs do daily brcid^ and increafi throughout this redlm^ whith
d^TO^. ^^^k^ crows and choughs^ do yearly devour and confume a wonderful
and marvellous great auantity of corn and grain of all iinds^ that is to
wit^ as well in the /owing of the fame com ana grain^ as alfo cu the
The gfreat in- ripening and kememtig of the fame ^ and ever that a marvellous def-
convenicnnces trullion^ and decay of tie covertures of thatched houfes^ bams^ reeks ^
iwSbn or fi^^^ ^^ other fuch like : {%)fo that if the f^d crowsy rooks and
cbougbt, choughs Jhould befufferedto breed and continue^ as they have been in
crows and certain years pajly they will undoubtedly be the caufe of the great
n)oks. definition and confumption of a great part of the com and grain which
hereafter Jball befown throughout this rcalm^ to the great prejudiccy
damage and undoing of the great number of all the tiller Sy bufbands
andfowers of the earth within the fame.
II. For remedy whereof, be it ena6led by the authority of this
prefent parliament, That every perfon and perfons, as well fpi-
Every man ritual as temporal, having, keeping, holding and inhalnting in
heft* ^*d^(bo *"y manors, meafes, lands or tenements in their own manurance
crows, &c. ^ ^^ occupation of anv eftate of inheritance, or for term of life,
upon pain of or forvcars, or at will, pr by copy of court-roll, or otherwife in
amerciament, pofleflion or ufe, (hall hereafter do, or caufe to be done, as much
being prefent- as in him or them reafonably (hall or may be, to kill and utterly
Sierfffmrns ^Jeftroj all manner of choughs, crows, rooks, coming, abiding,
ieillons, &c. ' breeding or haunting within or upon any the faid manors^
meafes, lands or tenements which he or they (hall inhabit and
dwell upon, and have in their manurance and occupation, as is
aforefaid, (2) upon pain of a grievous amerciament, to be fet
and a(re(red as hereafter (hall be expre(red : that is to fay, that if
any offence be done contrary to the ftatute, by any perfon or
perfons inhabited within the limits of the leets, lawdays, rapes
or court barons of any lords having fuch courts, that then upon
a prcfentment thereof made before the (leward of fuch leets,
lawdays, rapes or courts, the ftewards with two of the pre-
fenters, (by the fteward and prefenters to be named) (hall afTcfs
and fet for every default prefented to be done contrary to this
a(5t, fuch amerciament as to them (hall feem reafonable and
convenient, after the quantity of the offence, (3) the faid amer-
ciament to be to the ufe of the lord, or lords of the leets, law-
days, rapes or courts where the faid offence (hall be done and
prefentea, to be levied by diftrefs of the goods and chattels of
the offender or offenders, like as other amerciaments for com-
mon annoyances (prefented in leets) have bden accuftomed to
be levied.
(4) And if the offence be done contrary to this ftatute by any
perfon or perfons, which (hall dwell and have the manurance
of and in iuch manors, meafes, lands, tenements or heredita-
ments, whereunto fuch leets, lawdays, rapes and courts do not
belong, or by reafon whereof any fuch courts be not holden :
that
153^-] Anno vicefimo quarto HenrIci VIIL 255
that then upon a prefentment thereof had before the (herifFs in
the turns, or juftices of peace in their feffions, the fteward of the
turns with two of the prefenters, to be chofen as is aforefaid, if
the prefentment be within the turn, and the juftices of peace,
or two of them at the lead, if the prefentment be before them
in their feffions, (hall aflefs and fet the faid amerciament, after
the quantity of the offence, by their difcretions, to be had and
levied to the ufe of our fovereign lord the King by diflrels, like
as other amerciaments be levied upon preferments of common
annoyances.
III. And farther be it ena6ted by the authority aforefaid.
That in every parifli, townlhip, hamlet, borough or village
-within this realm, wherein is at leaft ten houfholds inhabited,
the tenants and inhabitants thereof fhall before the feaft of St.
Aiicbael the archangel next, and fo during ten years next enfu-
ing the faid feaft, at their own proper cofts, charges and ex-
pences, provide, make or caufe to be made one net, commonly Evenr town,
called a net to take choughs, crows, and rooks, with all things hamjet, &c.
requifite or belonging to the fame, (2) and the faid net fo made ^ ^^^^^
or caufed to be made, (hall keep, preferve and renew, as often crowncts'*"
as (hall need : and with and after a (hrap made with chaff and during x.
other things meet for that purpofe, (hall lay or caufe to be laid, years.
at fuch time or times in the year, as are convenient fordeftruc-
tion of fuch choughs^ rooks and crows, and in fuch place and
places as (hall be thought expedient to take the faid choughs. Revived as to
crows and rooks, ^3) upon pain to forfeit ten (hillings, the one ^^® niaintc-
moiety thereof to be to our fovereien lord the King, and the ^^" fo^*lJ^*^'*
other moiety to the lord or lords or the fame couns, leets, law- deftru£tioaof
days or rapes, where any fuch net (hall be lacking, and not crows, &c.
made, and put in execution according to this aft, (4) to be levied *"^ ** ^^\^a
of the faid tenants and inhabitants of the faid pari(h, town(hip, by g^^i^cf ic.
hamlet, borough or village, where any fuch net (hall be lack-
ing, and not put in ure and execution as is aforefaid. (5) And
that every fuch net with all things requifite thereunto, mall one
time in tne year, at the leaft, be prefented in the court baron,
leet, rape or lawday, before the fteward of the fame court, leet,
rape or lawday, whereunto the faid tenants and inhabitants (hall
be bounden to fue, and appear, to be viewed, whether the fame
be fufficiently repaired or not, for the forefaid purpofe : (6) So
that by the advice of the fteward, tenants and inhabitants of the
faid court baron, leet, rape or lawday, where any fuch net (hall
be necedary to be ufed, a fure way and ordinance may be devifed
for the reparation, continuance and putting in execution of the
faid net at times and places convenient, as is aforefaid. (t)
And that fuch ordinances as (hall be devifed and made bv tne
fteward, tenants and inhabitants of and within the faid leets^
lawdays, rapes and courts, or by the moft pan of them, to and
for the deftrudtion of the faid rooks, crows and choughs, (hall
ftand good and effeftual, and be put in due execution, accord-
ing to the tenor thereof.
IV. And
256 Anno vkxfimo quarto IfenRici VilL [1532.
IV. And farther be it enaded by the authoritvaforefaid, Thtt
as well fuch perfon an'd-perfons, as Aiall infaaoit, and hsLve in
• his manurance and occupation^ any manors, meafes, lands, te»
nements, or other hereditaments, wherrunto any fuch leets,
Jawdays, rapes or coints appertain, or by reafon whereof any
(iich courts be holden, as the tenants and £inners inhabiting
and having in their manurance and occupation, any meafes,
Tbeinhabi- lands, tenements or hereditaments holding of fuch manors^
tants (hall meafes or other hereditaments, ^hereunto fuch courts, as is
during ten aforefaid, belong, (hall yearly, during the faid ten years, at fuch
andtaOw or- "^^y' places and times, as by thefteward of fuch leets, lawdays,
der to dc&T6y np^Sy OT couTts (hall be appointed, aifemble themfelves together
crows, rooks, to view, viiit and furvey all the faid manors, meafes, lan&, te-
&c. Aements and hereditaments, wheie they or any of them fliall
iiappento dwell or inhabit and be refident; (2) and thereupon
Aall^gree and conclude, how and by whatmeans it ftiall bebdl
poffible to deftroy all the young breed 4>f the iaid choi^u,
CFOws and rooks, for that year; (3) and liie fame aflemUy,
view and vifitation (haU tnaike yearly, during the laid ten years,
at moft convenient and apt times ^for the fame, and (haU put
the (ame in due execution, fo as the faid young Weed of choughs,
crows and rooks may be utterly deftroyed, (4) upon pain to
-forfeit for «very year omitting luch aflraabhr, endeavour, and
view making according to this aA, twenty uiillings, affter pre-
fentment of fuch default had before the Km^'sjuftices of peace :
the one half of which forfeiture to be to the King our fovereiga
lord, and the other half to be to the ppefenters of die ftid ^-
ience, to be levied by diftrefs, like as aMer<:iaments for oom-
mon annovances have been accuftomed to be levied.
The defaults ,V. And foither be ft enaAed by the authority aforefaid. That
^^d^ ^T^" ais weH Ae juftices of peace in their feffiotts, and (heriffs in thchr
Iccts ^! ^ turns, as ftewards, mayors and bailiffs elected in their leets, Ixw-
' days, rapes and court-barons, to be hereafter hoMon before
them, or any of them, Ihall give in charge to (be tenants and
inhabitants, and all other appearing before any of diem, that
they (hat) duly enquire and put in execution die effed of the
premises in due time, fo that this ad may be folly and truly
executed, and die choiighs, crows and rooks thereby deffaroyed
^ in all places of this reami, aocording to the meaning »k1 true
intent of this ftatute.
Any man with VI. And over this it is enaOed, That it (hall be l^mfai to
owne"ofthe ^^^ perfon and perfons, only nfinding and willing to take and
ground may deflrov the faid orows, rooks or choughs, after requeft diereof
take crows, made to the owner or occupier of the (ame ground where fuch
&c. crows, rooks or choughsi haunt or breed, to enter, take and
carry away all fiich rooks >or choughs, and crows, as he (hall
take that fame day in which fuch requeft (hall be made, finom
time to time vvitHout let, impediment or impeachment by any
manner mean of the faid owner or occupier of the fame,
*rhc taker of VIL And it is ferther enacted. That every farmer or owner,
SalThavc^af- ^^^^^S ^^ ^^ own manurance and occupation, any manors,
2 meafes,
'^S3'^*} Anno vicefimo quarto Henrici VIIL 257
meafes, lands, tenements or other hereditaments, whereof the ter the rate of
yearly value or rent amountcth to v. pounds, (hall pay and give ^T'^ ^'^^^ ^*
to every fuch perfon, which by his diligence, labour and in- ^^^^^^
duftry at his own proper cofts doth take any old crows, rooks
or choughs, within and upon the faid manors, meafes, lands or
grounds of the yearly value aforefaid, two pence for every twelve
old crows, rooks or choughs, that any fuch perfon (hall take,
bring and offer to any fuch fanner or owner ; and for every fix
old crows, rooks or enoughs, a penny ; for every Ahree, an half
penny : (a) And if any fuch owner or farmer refufe to pay the
faid money accordingly, as is aforefaid, then upon complaint
and proof thereof made to any of the juitices of peace or high-
conftable, the faid juftice of peace or high-conftable (hall caufe
the (aid money to.be levied by diftrefs o? the goods and chattels '
of every fuch fanner or occupier refufing to pay the fame accord*
in^ to the tenor and effeA of this a6t.
vni. Provided always. That no perfon or perfons, by colour None under
or authority of this ad,'fliall take or kill any doves or pigeons, ^iT^^^a^I
upon the pains limited by the laws and cuftoms of this realm \^^ ^mwu
heretofore for fpch offences ufed and accuftomed. « Roll7^«
CAP. XL
The ftreet-way between Charing-Crofi and Strond-Cro/s (hall be
fufficiently paved at the charge of the owners of the lands ;
and the pavement bein| made, it (hall be maintained by the
owners of the land adjoming to the fame, upon pain ot for-
feiture to the King of vi. d. for every yard fquare not paved
or repaired.
• CAP. XII.
Far the reftraint of appeals.
TTZHERE by divers fundry old autbenticjt hi/lories and chronicles^ The power,
V V // is manifejlly declared and txpreffed, that this realm of Eng- P*^"*""^*^".^
land, is an empire, andfo hath been accepted in the worlds governed ^thc KingS
by onefupreme head and Kingy having the dignity and royal ejlate ^England.
theimperial crown of the fame \ (2) unto whom a body politick, com--
pafl of dl forts and degrees of people, divided in terms, and by names
of fpirittudty and temporalty, been bounden and owen to bear, next to
God, a natural and humble obedience \ (3) • ^/ being alfo injlitute and
fumijbed, by the goodnefs and fufferance of Almighty God, with ple^
nary, whole, and entire power, pre-eminence, authority^ prerogative
and jurifdi^ion, to render and yield juftue, and final determination ta
all manner of folk, refumts, or fubjisis within this his realm, in all
caufes, matters, debates and contentions, happening to occur, infurge,
or begin within the limits thereof, without reftraint, or provocation
to any foreign princes or potentates of the world\ {4) the body fpiritual The ^mtu
whereof having power, when any caufe of the law divine happened to lc?ro»ng jnd
come in quefliofC, or rffpiritual learning, then it was declared, inter- ^Sffoi^tuaU
preted, amjhewed by that part of the faid body politick, called the ^ ^
fpiritualty, now being ufually called the Englifli church, which always
bath been reputed, andalfo found of that firt, that both for knowledge.
Vol. IV. S integrity
258 Anno viccfimo quarto Henrici VIII. [1532.
integrity and fufficiency of number^ it hath ban always thought^ and
is alTo at this baur^fufficient and mat cfitfelf^ without ^e inter-
meddling of any exterior perfon or perfons^ to declare and determine all
fuch doubts^ and to admimfler ollfucb offius and duties^ as to iheir
rooms^fpiritual doth appcrtaxn\ {^) for the due adminijiration where-
of^ ana to keep them from corruption andjifdjler ajfe£fiony the King's
mo/l noble progenitors^ and the antecejfors of the nobles oftbisreabr^
have fufficiently endowed thefaid churchy hth with honour andpof
The form 9XiAfeJJions ; (6) and the laws temporal^ for trial of property oj^ lands
"*rnme ^l^ tmdgoods^ and for the confervation of the people of this realm in unity
Seeftatc ^ ^^ peace^ without rapine or fpoil^ was and yet is admniflred^ ad-
temporal. judged and executed by fundry judges and ndni/iers of the other part cf
the faid body politicly called the temporaUy\ (7) and both their au^
tborities andjurifdiilions do conjoin together in the due adminifiratisn
ofju/iicCy the one to help the other.
No appeals if. Jnd whereas the king his mo/l noHe^ progenitor Sy and the no--
fhajl oc ufcd, ^////j, ^^ commons of thisfald realm^ at divers and fundry parUemtenis^
thU rcld^. ^^ ^^^^ '« ^^^ ^^^ ^J ^^*'« Edward the FirA Edward the Third,
Richard the Second, Henry the Fourth, ana other noble Kings cf
this realm, made fundry ordnances, lawsyjlatutes, and provijions for
the entire andfure confervation of the prerogatives, liberties and pre^
eminences ofthefaid imperialerown of this realm, and of the junfdic-
tion fpiritual and temporal ofthefame^ to keep it from the annoyance
as well of the fee of riomt, as from the authority of other foreign
potentates, attempting the diminution or violation thereof, as often,
and from time to time, as any fuch annoyance or attempt tm^t be
known or efpicd; (2) and notwtthftanding the (aid goodjlatutes and
ordinances made in the time of tpe King^smo/t noble progenitor s^ in
prefei-vation of the authority and prerogative of the faid imperial
The fcveral crown, as is ajorefaid j yet neverthelefs Jithen the making of the feud
inconvcnrcn- goodJlatutes and ordinances divers andjundry incowemenciesand dan-
S^appiliSTo ^^^* ''^^ provided for plainly by the faid former a£ts,fiatutes and or-
Komc, dinances, have arijen andjprung byreafon of appeals fued out oftbis
realm to the fee of Rome, in caufes ie/famentary, catt/es of matrimony
and divorces^ right of tithes, oblations and obventions, not only to the
great inquietation, vexation,^ trouble, cojt and charges of the King's
liighnefs, and many ofhisJubjeHs and rejiants of this iis realm, but
aUo to the great delay and let to the true andfpeedy determination of
the faid caufes, for fo much as the parties appealing to thefaid court of
Rome moji commonly do the fame for the delay ofjujlice, {3) And
forafmuch as the great difiance of way is fofar out of this realm, fo
that the muffary proofs, nor the true knowledge of the eaufe, can
neither there be fo well known, ne the witnejjes there fo weU ex-
anuiied, as within this realm, Jo that the parties grieved by means of
the faid appials be moji times without remedy: (4) in confidcration
whert^of, the King's liighnefs, his nobles and commons, con-
fidering the. great enormities, dangers, long delays and hurts,
that ab well tu his highnefs, as to his faid nobles, lubjedts, com-
mons, and rcHants of this his realm, in the faid caufes teftamen-
lary, caufes of matrimony and divorces, tithes, oblations and
obventions, do dail}' ccfue, doth therefore by his royal ailent,
and
J 532 J Anno vicefimo quarto Henrici VIII. 2591
and by the afient of the Jords fpiritual and temporal, and the
commonly in this prefent parliament aflembled, and by au-
thority of the feme, enaft, eftablifh and ordain. That all caufcs All ^?^^* ^^-
teftamehury^caufes of matrimonyknd divorces, rights of tithes, J^™^^^^^
oblations and obventions (the knowledge whereof by the good- junfcuaion
nefs of princes of this realm, and by the laws ana cuftoms of fhall bead-
the fame, appertaineth to the fpiritnai jurifdidtion of this realm) '"^^^ within
already commenced^ moved, depending, being, happening, or ^tji^jX,*
hereaner coming in contention, debate or queftion within this
realm, or within any the King's dominions, or marches of the
fame, or elfewhere, whether they concern the King our fovereign
lord, his heirs and fucceflbrs, or any other fubjedts or refiants
within the fame, of what degree foever they be, (hall be from
henceforth heard, examined, difculTed, clearly, finally, and. de-
finitively adjudged and determined within the king's jurifili^on
and autnorityv and not elfewhere, in fuch courts fpiritual and
temporal of the fame, as the natures, conditions, and qualities
of the cafes and matters aforefaid in contention, or hereafter
happening in contention, (hall require, without having any
reii>e(S to any cuflom, ufe, or fuflfcrance, in hindrance^ let, or
prejudice of uie fame,* or to any other thing ufed xx fufFered to
the contrary thereof by any other manner of peribn or peribns
in any manner of wife; any foreign inhibitions, appeals, fen-
tenceS) fummons, citaticHis, fufpenfions, interdi^ions, excom-
munications, reftraints, judgments, or any other procefs or im-
pediments, ofwhat natures, names, qualities, or conditions foever
they be, from the fee o(Roms^ or any other foreign courts or poten^
tatcs of the world, or firom and out of this realm, or any other
the King's dominions, or marches of the fame, to the fee of
Rome^ or to any other foreign courts or potentates, to the let or
impediment thereof in any wife notwithftanding. (5} And that
it mall be lawful to the lung our fovereign lord, and to his heirs
and fucceflbrs, and to all other fubjeds or reiiants within this
realm, or within any of the Khig's dominions or marches of the
fame, notwithfbnding that her^ifter it jfhould happen any ex-
commengement, excommunications, interdictions, citations, or
any other cenfures, or foreign procefs out of any outwaid parts,
to be fuln^nate, promulged, declared, or put in execution with-
in this faid realm, or in any other place or places, for any of the
caufes before rehearfed, in prgudice, derogation, or contempt
of this faid a£t, and the very true meaning and execution there-
of, may and fhall neverthelefs as well purfue, execute, have and
enjoy the effefls, profits, benefits and commodities of all fuch
procefles, fentences, judgments and determinations done, or
hereafter to be done, in any of the faid courts fpiritual or tem-
poral, as the cafes fhall require, within the limits, power and
authority of this the King's faid realm, and dominions and
marches of the fame, and thofeonly, and none other to take
place, and to be firmly obferved and obeyed within the fame.
(6) As alfo, that all the fpiritual prelates, paftors, minifters and The prelatet
curates within this realm, and the dominions of the fame, (hall of tlus realm
S % and
The penalty
of them who
otntt to do
their duty.
260 Anno. viccfimo quarto Henrici VIIL [ 1 532,
may execute and may ufe, mtnifter, execatc and do, or caufe to be ufed, exe-
sMfammtats cuted, miniftred and done, aU facraments, facnunentals, divine
S^iw tTthe fcrviccs, and all other things within the (aid realm and do-
fubjeasof this minions, unto all the fubge^U of the fame, as catholick and
realm. chriftian men owen to do ; an]|r former ciutions, proceflcs, in-
hibitions, fufpenfions, intcrdiduons, excommunications, or ap-
peals, for or touching the caufes aforefaid, from or to the fee of
Rofru^ or any other foreign prince or foreign courts, to the let or
contrary thereof in any wife notwithftanding.
III. And if any of the faid fpiritual perfons, by the occafixxi
of the faid fulminations of any of the (ame interdi6Hons, cen-
fures, inhibitions, excommunications, appeals, fufpenfions, fum-
mons, or other foreign citations for die caufes bdForefaid, or for
any of them, do at any time hereafter refufe to minifler, or caufe
to DC miniftred, the faid facraments and facramentals, and other
divine fervices, in form as is afore&id, fhall for everv fuch time
or times that they or any of them do refufe fo to 09, or cauie
to be done, have one year's imprifonment, and to make fine
and ranfom at the King s pleafure.
Whofoever IV. And it is further enaded by the authority aforefaid. That'
procureth if any perfon or perfons inhibiting or refiant within this realm,
^omth^fccof Qr within any 01 the King's faid £>minions, or marches of the
'^'"" fame, or any other perfon or perfons, of what eftate, condition
or degree foever he or they be, at any time hereafter, -for or in
any the caufes aforefaid, do attempt, move, purchafe, or pn)-
cure, from or to the fee of Romij or from or to any other fbreien
court or courts out of this realm^ any manner' foreign proceu,
inhibitions, appeals, fentences, fununons, citations, lufpenficvis,
interdi(5tions, excommunications, reftraints, or judgments, d
what nature, kind or quality foever thev may be, or execute any
of the fame procefs, or do any aft or aAs to the let, impediment,
hindrance or derogation of any procefs^ fentence, judgment or
determination had, made, done, or hereafter to be had, done or
made, in any courts of this realm, or the Kind's faid dominions,
or marches of the fame, foranv of the caufes aforefaid, contrary to
the true meaning of this preient adt, and the execution of the
fame, that then every fuch perfon or perfons fo doing, and their
fautors>comforters, abettors, procurers,executors, andcounfellors,
and every of them, being convict ofthe fame, for every .fuch default
ihall incur and run in the fame pains, penalties and forfei-
tures, ordained and provided by the ftatute of provifion and
Pntmmire^ made in the fixteenth year ofthe reign of the right
noble prince King Richard the Second, againft fuch as attempt,
procure, or make provifion to the fee of Rome^ or elfewhere, for
any thing or things, to the deipgation, or contrary to the prero-
16 R. 1. c. 5. gative or jurifdifiion of the crown and dignity of this realm.
V. And furthermore, in efchewing the faid great enormities,
inquietations, delays, charges and expences hereafter to be fuf-
tained in purfuing of fuch appeals, and foreign procefs, for and
. concerning the caufes aforefaid, or any of themy do therrfore by
authority aforefaid^ ordain and enaA, That in fucfa cafes where
, heretofore
Rome, &c.
amy appeals,
proceiSy fen-
teacet, kc,
incur the for-
feiture of
premuAire.
153^'^ Anno vif cfimo quarto Henrici VIII^ z6t
heretofore any of the King's fubjeds or refiants have ufed to
purfue, provoke, or procure any appeal to the fee ofRome^ and
in all cdier cafes of appeals, in or for any of the caufes afore--
laid, they may and (hall from henceforth take, have and ufe
their appeals within this realp, and not elfewhere, in maqner'
and form as hereafter enfueth, and not otherwife ; that is to fay,
iirft ftom the archdeacon, or his official, if the matter or caufb
be there begun, to the bifhop diocefan of the iaid fee, if in cafe
any of the parties be grieved,
VI. And in like wife if it be c;ommenced before the biOiop Before whom»
diocefan, or his commiffary, &om the bifhop diocefan, or his and in what
commiffiiry, within fifteen days next enfuing the judgment or S^^JPJe^F^S^*
fentence thereof there given, to thcarchbilhop of the province wfthinthis
of QinUrbury^ if it be within his province; and if it be within realm.
the province of Yoriy then to the archbifliop of Toriy and fo ♦Mod. ii( ,
likewife to all other archbilhops in other the King's dominion3, ''7'
as the cafe by order of juftice (hall require^ and there to bf ^^^ *^'
definitively and finally ordered, decreed^and adjudged, accord-r
ing to juftice, without any other appelktion or provocation to
any other perfon or perfons, court or courts.
VII. And if the matter or contention for any "of the caufes Appeals
aforefaid be or (hall be commenced, by any of the King's fub-» ^^^^ ^° ^ ,
jedts or refiants, before the archdeacon of any archbi(hop, or his ^y^ '*
commifiary, then the party grieved (hall or may take his appeal
within fifteen days next atter judgment or foitence there given,
to tiie court 4of the arches, or au(uence, of the fame archbi(hop
or archbi(hop8 ; (2) and from the faid court of the arches or au-
dience, within fifteen days then next enfiiing after judgment or
fentence there given, to the archbi(hop of the fame province,
there to be definitively and finally determined, without any other
or further procefsor appeal thereupon to be had or fued.
VIII. And it is further enadcd by the authority afore(aid. Suits com-
that.all and every matter, caufe and contention now depending, menced bc^
or that hereafter fliall be commenced by any of the King's fub- ^ftop'ft^S be
jeds or refiants for any of the caufes aforefaid, before any of the deterniinedby
faid archbifhops, that then the fame matter or matters, conten- him without
tion or contentions, (hall be before the fame archbifhop where »ny further
the faid matter, caufe or procefs (hall be fo commenced, de- *PP»*: -
finitively determined, decreed, or adjudged, without any other
appeal, provocation, or any other foreign procefs out of this
realm, to be fued to the let or derogation of the faid judgment,
fentence or decree, otherwife than is by this a<ft limited and ap-
pointed ; (2) faving always the prerogative of the archbithop and Thepreroga-
church of Canterbury^ in all the forefaid caufes of appeals, to him *»*« o^iht
and to his fucce(rors to be fued within this realm, in fuch and canterbS?
like wife as they have been accuftomed and ufed to have here- favcd!^ "^^
tofore. . ' '
IX. And in cafe any caufe, matter or contention, now de- Before whom
pending for the caufes before rehearfcd, or any of them, or that ^ apjjal fliall
hereafter (hall come in contention for any of the fame caufes, in caufTtouch"'
any pf the forefaid cpurts, which hath, doth^ Ihall.or may touch ingtheKins.
^ - * S3 the
26z Anno i^oefimo quinto Hekrici Vin. [153?-
the King, his heirs or fnccdlbrs. Kings of this realm'; diat in
all and every fuch cafe or cafes the party grieved, as before is
fiiid, ihail or may appeal from any of the faid Murts of this
realm, where the (aid matter, now being in oontetitiOn*, or here-
after ihall come in contentiofl, touching the King, his brirs, or
(i]cceffi>rs (as is aforefaid) (hall happen to be Tehtilate, com-
menced or begun, to the fpiritual prelates and other abbots and
"priors of the upper houfe, aflembled and convocate by the King's
writ in the convocation being, or next enfoing within the pro-
vince or provinces where the fame matter ofcontention is or
(hall be begun $ fa) ib that every fuch appeal be taken fay the
party grieved witnin fifteen days next after the judment or
fentenqe thereupon eiven or to be given ; (7) and &SLt what-*
foever be done, or mail be done and affirmed^ determined, de^
creed and adjudged by the foref^d prelates, abbots and priors
of the upper houfe ot die (aid convocation, as ia aforefaid, ap-
pertaining, concerning, or belon^ng to the King, jlis' hdrs, and
fucoeflbrs, in any of thefe foreiaid caufes of appeals, (hall ftand
and be taken for a final decree, fentcnce, judgment, definition
and determination, and the fame matter, fo determined, never
after to come in queftion and debate, to be examined in any
other court or courts. '
X. And if it (hall happen any pdribn or^perfcAis hefeafter to
purfoe or provoke any appeal comrsy to the efie6t of this a6^, or
r^fe to obey execute and- obferve all things comprifed within
the fame, concerning the faid appeals, provocations and other
foreign procefles to 1^ (bed out ofthis realm, for any the caufes
aforefaid, that then every fuch petfbA or perfon^ fo doing, re-
fa(ihg, or offending contrary tof the tnitf meanmg of this a6t,
)6R.s.c. 5. their procurers, fautors, aavocates, counfellors, and abettors,
»* H- ': ^'p?* and every of them, (hall hicur into the pains foiftitures and
^^^'^gj^ penalties ordained and provided in the £iid (btute made in
revived by the faid fixteenth year of King Richard the Second, and with like
I £1.0.1. procefs'to be made apinft the faid ofFendeiis, as in the (ame
Ibtute made in the faid iixteenth year more plainly appeareth.
CAP. xm,
Kep. t Jac. X. A repeal of all former ftatutes made againft excefs of apparel.
c. 25. What apparel men of all degrees, vocations, and fun<5t]ons
are allowed, and what prohibited to wear. The forfeitures
of the offenders, and who fliall have them.
Statutes made at Wtjlminfier^ Anno 25 Hen. VIII.
and Anno Dom. 1533.
ACTS made in the fejjion of this prefent parliament^
boldtn upon prorogation at Weftminfter the fifteenth day
of January, in the five and twentieth year of the reign of
our
I SS3*] Anno vkefimo ^winto Henrici VIIL .26j
our mojl dread fovereign lord King Hznrf the Eigbib^ and'
there continued and kept till tbe thirtietb day of March then
tMeit enfuing^ to tbe honour of God and holy churchy and for
the common weal and profit of this bis realm. '
CAP. I.
Governors of cities and market-towns, upon complaint to them
made of any butcher refufing to fell victual by weight accord-
ing to the ftatute of 24 H. 8. r.3. may commit the offender to
ward until lie hath paid all penalties limited by the fald fta-
tate;and may fell, or caufe to be fold by weight, all fuch
victual for ready monev to be delivered to the owner : and if
any grafier, fermer, oreeder, drover, ^c, refufe to fell his
fit cattle to a butcher upon fuch reafonable price, as he niay
retail it at the price aflefled by the ftatute, the juftices of
peace, mayors, or governors, (hall caufe indifferent perfons
to fet tbe prices of the fame, which if the owner refufe to ac-
cept, then the fame juflices, £2^^. (hall bind him to appear the 27H.8.C.9.
next term in the ftar-chamber, to be punifhed as the King's ^*P* 33^.8.
counfcl fliall think good. ' ^•"*
C A P. 11.
Proclamations for tbe prices of viSuals^ viz. tbe prizing of
tbem^ and proclaiming tbe prices.
FORASMUCH as dearth^fcarcity^good cheap andplentjy cfcheefc^ 3 inft.196.
butter^ capons^ hens^ chickens and other visuals nccejfaryfor
nuais, fuftenance^ happenttb^ rifeth^ and chanceth of fo many and
divers oceaftonSy that it is very hard and difficult to put atxy certain
prices to any fuch things-, (2) and yet never thelefs the prices of fuch
visuals he many times inhancedand raifedby the greedy covet oufnefs
and appetites of the owners of fuch visuals ^ by occafion of ingr offing
andngrating the fame ^ more than upon any reafonable or jufl ground or
caufe J to the great damage and impoverijhing of the King^sfubje^s :
(3) For remedy whereof, be it enabled by the authority of this xhc prices of
prefent parliament. That upon every- complaint made of any in- vidtuais (hall
hancing of prices of fuch victuals, without ground or caufe rea» he aflefTed by
fonable, in any part of this realm, or in any other the King's '*'®'^'yg'*
dominions, the lord chancellor of England^ the lord treafurer, fuftices, and
the lord prefident of the King's moil honourable council, the officers^
lord privy ff^al, the lord fteward, the lord chamberlain, and all
other lords of the King's council, the treafurer and controller of
the King's moft honourable houfe, the chancellor of the duchy
of Lancyler^ the King's juftices of either bench, the chancellor,
chamberlains, under-treafurer, and the barons of the King's
exchequer, or feven of them at the leaft, whereof the lord
chancellor, the lord treafurer, the lord prefident of the King's
council, or the lord privy feal, to be one, fl"*all have power and
authority from time to time, ;is the cafe (hall require* to fet
and tax reafonable prices of all fuch kjnds of vi<5tuals above fpe«
S 4 . cified.
264 Anno viccfimo quinto Henrici VIII. [1533-
dfied, how they (h^l be fold in grofs, or by retail, for relief
<^the King's fubjeds ; (4) and that after fuch prices fet and
taxed in form atorefaid, proclamation (hall be made in the
King's name, under the great fed, of the (aid prices in fuch
parts of this realm, as (hall be convenient for the fame.
They which XL And be it enaded. That all fermors, owners, broggers,
have yiftual and all other viduallers whatfoever, having or keeping any o(
"*Seori!S™ the kinds of vifhials afore rehearfcd, to the intent to fell, diaJl
aflefiecL ^^^^ ^^^ ^^^^ ^^ ^^^^ ^^ ^^^ King's fubjeds as will buy them, at
fuch prices as (hall be fet and taxed by the faid proclamation,
upon the pains to be exprefled and limited in the faid procla-
mation, to be loft, forfeited, and levied to the King's ufe, in
fuch wife as by the fame proclamatfon (hall be declared.
III. Provid^ always. That this adt or any thing therein con-
^ tained, (hall not be hurtful to mayors, (heriffs, bailiffs, or other
iist the pnces oflScers of cities, boroughs, or towns corporate, or to any other
<rfvi6hial«. perfon or perlbns, or ^xlies politick, having authority to fet
prices of fuch victuals, or of any of them ; but that they and
every of them mav fet prices thereof, as if this a& had never
been had nor made.
IV. And be it further enadled by authority aforefaid.
That no peribn or perfons, unlefs it be by licence under the
King's great feal, from henceforth (hall carry or convey, or
caufe to be carried and conveyed, any com, faieeves, muttons,
veals, porks, or any other 01 the abovefaid viduals, to any of
the parties beyond the fea, (2) except dnly for the vidhialling
of the town of Calais^ GuifneSy Hamms^ and the marches of
the fame, (3) and except for vidhialling of mafters, mari-
ners, and merchants of (hips pafling the feas ; (4) and alfo
except barrelled butter and meal to be carried to the parties of
Jfelandy as hath been aCcuftomed, (5) upon pain of for^ting
of the value of the thing conveyed and carried into the par-
ties beyond the fea, contrary to this adt; the one half there-
of to the uie oi our (aid fovereign lord the King, and the other
half to the party that will fue for the fame by bill, plaint, writ,
or information in any of the King's courts ; in which fuits the
defendant (hall not wage his law, nor any protedtion or edbia
for him (hall be allowed.
Head officers
of corporate
towns may
»3 £d.3.c.6.
SI Ed^^cS.
No vi^al
ihall be tranf"
ported with*
out licence.
s&iP.&M.
c.s-
5£lx.5,&c.
f And. 1 14.
CXtrsTf not a]>
reyi
cd tc
w
CAP. IIL
For fuch asjland mufe^ &c.
HERE at your parliament holden at Weftminftcr, in the
three and twentieth year of your tnoft noble reign ^ anumg
yo^t^to^ote other things it was ordained^ eJiabUJhed and ena^ed^ That no perfon
mute or who ^^ P^^fi^^ ^*^'^* thereafter Jbould hapten to le found guilty ^ after the
do make per- ^^ of this land, for any manner 0/ petit treafon, or of any wilful
emptory murder of malice prepenfed^ or for robbing of any thurchesy cbapelsy
cballcjige. or other holyflaceSy or for robbing of any perfon or perfons in their
dwelling hou/es Or dwelling-place y the owner or dweller in the fame
houfey his wife^ his children^ orfervants then being within, and put
iff
1 533-1 Anno viccfimo quinto Henrici VIIL 265
in fear and dread by thefame^ or far robbing of any perfon or perfons
in or near about the high-way <^ or for wilful burning of any dwellings
bou/es or barnSj wherein at^ gram or com Jhall hempen to be$ nor
any perfon or perfons being found guilty of any abetment j procure^
menty helpings maintaining^ or counfelHng of or to any fuch petit
ireafon^ murders^ or felonies^ -fioula from thenceforth be admitted
to the benefit of his or their clergy^ but utterly be excluded thereof
and fujfer death in fuch manner and' form as they Jhould have done
for any the cdufes or offences aforefaia^ if they were no clerks ; fuch
as be within holy orders^ that tt to fay^ of the orders of fubdeacon^
0r above^ all only except ^ as more at large appear eth by thefaid a^.
(2) Andforafmuch as tbefaidaif extendeth only to fuch perfons as be Certain dc-
found guilty after the due courfe of the laws of this landy divers and ^'^ ^*
many great errant robbers^ murderers^ burglars and felons^ that do ^^ h.$.c.i.
a^end and commit druers and many petit treafons^ rMerieSy bscrgla^
ries andfeknies^ contrary to the tenor of the Jaid a^^ perceiving and
clearly ttw'^Jiandingy by the words ofthejamejlatute andaSly that
they /ball not lofe the benefit and advantage of their clergy y unlefs they
be found guiltv after the due courfe of the law^ upon their arraignment
of and upon the faid felonies^ robberies^ and other offences beforefaidj
Jo by them done and committed^ by reafon whereof divers and many of
the fame robbers and felons upon their arraignment of the fame rMe^
ries and felonies y upon their indieiments againft themftand mute^ and
fometimes challenge peremptorily over the rmmber ojtwentyy or elfe
will not dire6lly an fiver to the fame indilfments whereupon they be fo
arrmgned according to the order of the law* (3) And for that thefe
efpecial cafes be not exprefy comprifhd and contained within the letter
ofthefameftatute^^ it is neceffary arid expedient that the fame cafe be
clearly and definitively expounded anddeclared by authority ofthispre^
fent parliament, {e^ And whereas alfo divers and many felons and
robbers^ that commit and do divers and many great heinous robberies
and burglaries in onefhire^ and convey tbefpouand robbery into any
other fhire^ and there be takeuy indiSiedy and arraigned upon felony
and felonious Jiealing of the fame goods in the fame other fi^ire^ than •
there where the fame robberies or burglaries were done and commit^
tedy and not upon the fame robbery nor burglary^ for that it was not
done nor committed in the fame Jbire where they befo indiSled and ar-
raignedy and by reafon thereof the fame nAfdemeanors^ felons^ rob-
bersj and burglars.^ have and enjoy the privilege and advantage^ of
their clergy ^ to the great hurt and lofs of the Kin^s prerogative^
and great boldnefs ofjfuch offender s.
II. In confideration iwhereof, be it enaded by the King our No man ihall
foverdgn lord, the lords fpiritual and temporal, and the com- havchii cler-
mons In this prcfcnt parliament aflembled, and by authority of §5rJ*5^ "*"
the fame. That cvei^ perfon and perfon$ that is pr here- l^^ &c. wid"
after (hall be indided of petit treafoii) wilful burning of upon his ar-
houfes, murder, robbery, or burglary, or other felony, ac-ntignmcnt
cording to the tenor and meaning of the fame ftatute, and ^^^ ^'"^
thereupon arraigned, and do (land mute of. malice or (roward ^,a^i^nee
mind, or challenge peremptorily above the number of twenty, above 20 per-
or elfe will not or do not anfwer diredly to the fame in- Tons, or will
^ • ^' " dia-i?'S?^^«''
266 Anno vicefimo quinto Henrici VIIL [ i 53 }•
Repealed in dIAment and felony whereupon he is fo arraigned, ihall from
part by^ Ed. henceforth lofc the benefit and privilege of his or their clergy,
and revived ' ^^ '^ manner and form as if he had dire£Uy pleaded to the
by 5 & 6 Ed. £une petit treafon^ murder, robbery, burgUry, or other felo-
6.c.to. f. 4* ny whereupon he is f6 arraigned, not guilty, and thereupon
had been found guilty after the laws of the land.
III. And by the £une authority be it further ena^ed, X^^^
if any perfon or perfons hereaner be indi(^ed of felony for
ftealing of any goods or chattels in any county within this
realm of England^ and thereupon arraigned and be foiund guil-
S» or ftand mute of malice, or challenge peremptorily above
e number of twenty perfons, as is s^orefaid, or will not
upon his fajd arraignment diredlly aniwcr to the fame felony, that
then the fiime perfon and perfons to arraigned and found gull-
tv, or ftand mute of malice, or challenge peremptorily above
the^number of twenty perfons, or will not diredUy anfwer to
the law, (hall lofe and be put from the benefit of their clergy,
in like manner and form as they ftiouM have been, Tf th^ had
A man at- been indicted ^nd arraigned, and found guilty in the fame
tainted where county where the fame robbery or burglary was done or com-
*^^ ^^ried "™'^^^> ^'^ ^^J appear to the juftices bc^re whom any fuch
which were fclons or robbers be arraigned, by evidence given before them,
ftolen in ano- or by examination, that the fame f^onies, whereupon they be
ther county, fo arraigned, had been fuch robberies or burglaries in the
fame ftiire where fuch robberies or bui^laries were committed
or done, by reafon whereof they (hould have loft the benefit of
Made pe™. ^^'"^ d^^gY by force of the (aid ftatqte, in cafe they had been
tual by 3»H.i. ^^nd guilty thereof in the fame (hire where fuch robberies or
C.3. f.7. buiglaries were fo committed or done.
C A P. IV.
Only fuch perfons as be merchants adventurers to Ifikmd for
falt-fifh, ftock-iUh, ling, haberdine, or lob-fi(h, or that be
doggermen, or fuch as be fi(hermen that a&ually labour for
the taking of the faid fi(h in the eaft fea-fide, or eaftfea^coaft,
(hall buy any of the kinds of the fame fi(h, at or upon
the ftone, or at the faid eaft fea-(ide or eaft fea-coaft, to fell
Xep.35H.8. the fame again at any of tlie fairs of Sturbridge^ St. IviSj or
e.y. Ely.
CAP. V.
For callendring of ff^orfteds.
The ftahite of ttthEREAS at thifarliment holden at Weftminfler /i&^ xxiij.
touching*cal- ^^ , ^ ^January, in the fifth year of our Sovereign IcrJ^s reign
Icndring of the King that now is^ there was an aSf and oneJlattUe made^ provided
worfteds, and efiablijhed^ for the avoiding of deceits andfalfnefs ofworftedsy as
made perpe- ^^// ^ reafon of dry callendring thereof with gums, oils and prejfes^
as alio by wet callendring, by perfons having no cunning in ordering
of the fame, which a^ was made to endure but only to the parliament
then next following : (2) and forafmueh as it is evidently Inowny that
the fame aSl and Jlaiute aforefaia is very good and neceffary to the
com-
' 533-] Anno vicefimo quinto Hekrici VlII, 267
€6mm9n wealth of this realm : wherefore the King our fovercign
lord, by the adfvice and confcnt.of his lords fpiritual and tem-
poral, and the commons, of this prefent parliament aflembled,
^nd by the authority of the fame, hath ordained, enacted and
eftabhflied. That the faid zSt and ftatute made in the fifth year
of his mod noble reign aforefaid, and every thing therein con-
tained, (hall, from the feaft of St. Michael the archangel next
conning, continue and be good and effedual in every point and
article of the fame for ever.
11. And furthermore be it enafted and eftabliftied by the au-
thority aforefaid, for the common wealth of the city of Norwich^
and maintenance, fupportation and upholding of the houfes,
tenements and habitations of the fame. That no manner of per- ^o perfon
fon ufing the craft or myftery of dying of worfteds, ftamins or which dyeth
fays, or any of them, neither by thcmfclves, or any fervant, worfteds (hall
fa<!lor, deputy, or any other by nis commandment or affign- ^^^^
ment, from the feaft of Chrijlmas now next enfuing, (hall ufe "*'
to callender any worfteds, ftamins or fays, or any other com-
modities made of worfted yam, during all fuch time as the fame
perfon (hall ufe the myftery or craft of dying aforefaid, upon
pain to forfeit for every piece fo dyed and callendr^d by colout-,
covin or fraud, contrary to the true meaning and intent of this
prefent adl, xl. s. and to be divided in three equal parts, the one
part thereof to the King our fovereign lord, and another part to
the mayor for the time being, and the third part to him or them
that will fue for the fame by bill, adlion of debt, plaint, infor-
mation, or otherwife, in anv of the King's courts, wherein no
dlbin, delay or protedtion (nail be allowed.
CAP. VI.
The punijhment of the vice of buggery.
FORASMUCH as there is not yet fufficient and condign punijh^ 3 inft. 5^
ment appointed and limited by the due courfe cfihe laws of this
realm^ for the detejlable and abominable vice of buggery committed with
mankind or beaji : (2) it may therefore pleafe the King's high-
ncfs, with the affent of his lords fpiritual and temporal, and
the commons of this prefent f arliament aflembled. That it may
be enaded by authority of the (ame, that the (ame offence He that com-
be from henceforth adjudged felony, and fuch order and form mitteth bug-
of procefs therein to be ufed againft the offenders as in cafes g^TJ!''*^
of felony at the common law ; (3) and that the offenders be- ^* ft flj^i^^e
ing hereof convift by verdift, confeffion, or outlawry^ (hall adjudged a fe-
fufter fuch pains of death, and lo(!es and penalties of their Ion. Made
goods, chattels, debts, lands, tenements and hereditaments, peipctual
as felons be accuftomed to do, according to the order of the JJld roncaiwl
common laws of this realm ; (4) and that no perfon offending in part byTi
in any fuch offence, (hall be admitted to his clergy; (5) and 3 Ed. 6. c.a^.
that juftices of peace /hall have power and authority, within »"/* \^^^
the limits of their commiflions and jurifdi<5Hon, to hear 5>"d ^Mar «^ff ?
determine the faid offence, is they do ufe to do in cafes of other c i & rtvived
fclo- " '
268 " Anno vicefimo qUinto Henrici VIII. [1533-
and made per- felonies. (6) this z&, to endure till the laft day of the next
pctual by 5 EJ. parliament.
*^- '7- CAP. VII.
EXP. No perfon with any nets, engines^ or device, (hall take any
i3£d.i.ftat.x. gy^ Qj. fpa^n of eek, or faunon, in any waters, upon paia
jsrIs. ftat. I. ot forfeiture of v. li. and his faid nets, engines, CsTr. during
c. 19. ten years.
i7R.».c.9. CAP. vm.
The high ftreet in Holboum^ between Holbmm bridge, and the
b^s, at the weft end of the faid (fareet, (hall be paved on
both fides with paving ftone, at the charges of the tenant in
fee-fimple, fee-tail, or for life, of the lands thereunto adjcrni-
ing, their heirs and fuccefibrs, and they (hall from time to
time maintain the fame paved ; and if me leflees do it, they
may defaulk fo much of their rent ; and the mayor and alder-
men of London may enquire every quarter of a year by the
oaths of twelve men of the oSfenders. The like order (hall
be obferved for the paving of the (breets in Souihwari ^ and
he that doth not from time to time maintain the pavements
fufSciendy againft his own ground, (hall forfeit to the King,
for every yard fquare not repaired, fix-pence.
CAP. IX.
j1 bin concerning pewterers.
How pewter-
ers flail ufe
their trade.
' the maftery wardens and poor feUtnvfiip of the craft and myfterj of
the pewterersy as well of the city of London, as of ail other
places within this realm of England, that whore the faid craft or
wyftery before this time hath been one of the bejl handicrafts within
^this realnsj which hath only grown and continued by mean of divers
gooda^s andfiatutes made for the true exercife of the fanUy Where-
's^ H. 7. c. 6. of one was made in the nineteenth year of the reign oftheKin^s mofi
♦ H. 8. c. 7. renowned father^ (wbofe foul God pardon) and one other was made
in the fourth year of the King^s mojt vi^orious reign^ concerning the
f rafts of pewter ers and br after s^ of and for the true makings mixing
and felling of good and true pewter and hrafen vejfels^ and alfo for
uRng and exercifing of true weights and beams, to be occupied by the
fellers of any fuch pewter or brafen vejfels within this realm, fo that
none of the King*s fubje^s, nor any other perfon, fhould by any file
of any falfe mixed brafen and pewter veffel, or any untrue weights,
Thecauftwhy be deceived, as by the faid eflatutes more plainly doth appear ; (2 j
the trade of ^jji^jj good fiatutes, duly put in execution, hath caufed the faid craft
MTCTeafcrand ^^ increafe and multiply, to the great profit, and utility of a great num->
now doth de- ber of the King^s fubjeifs, and the commodity of pewter veffel much
cay in this to be had in reputation in qUJlnange regions and countries, untif nouf
'^n** of late divers evil difpofed perfons, being the King's fi^effs bom,
which have been apprentices, and brought up in the exercifeof the faid
craft of pewter ers, have now of late, for their fmgular lucre, repaired
into fir ange regions and countries^ and thefe do exercife the faid craft
' ^ ?r
'533J Anno viccfimo quinto Henrici VIIL 269
ef pewtifirsy teaching firangiri not only the cunning of mixing and
forging ofaU manner of pewter vejfel^ ' but alfo do teach all things he*
longing to the faid craft ofpewterers^ by mean whereof there is not
only brought daily into this realm, out of Jlrange regions, to be foQ^
great mmber of things made of pewter, untrufy mixed and made of
tin, wherewith the King\sfubje^s be daily deceived, and the people of
Jirange countries greatly injlru£fed in the cunning of the faid craft of
peivterers, fo that thereby not only a great number and quantity of
pewter vefjel, and other^ thingi of pewter, made in divers forts and
fafbions, amounting to a great value, which was daily and continu*
ally wont to be carried and conveyed cut of this realm by merchants into
Jirange regions and countries, thire to be fold andvende^d, whereby the
commodity of tin made into pewter vej^l^which bath been had in great
eftimation, as things very netejfary and commodious, and the Kinfs
Odftoms thereby much advanced, is now like utterly to ceafe and decay ^
and not to be ejleemed as heretofore hath been, but alfo the faid craft
ofpewterers, whirb at this day fetteth and keepeth tn work and occu^
potion a great number of people, Jball be utterly undone, and a great
multitude of the Kin^s natural fubje^s thereby fall into idUnefs,- to
the great tmpoveriflment of this realm, if fpeedy remedy for the re*
drejs of the premtffes be not provided j (3) in tender confideration
Mrhereof, and for reformation of the premiiles, it may pleafe the
King's bighnefs, by the aflent of the lords fpiritnal and tempo*
ral,. and the commons, in this prefent parliament ailembled,
and by the authoritv of the fame, to ordain and enaA, That no Noperfon fl&all
perfon or perfons hereafter, at any time now inhabitingi or buy any wares
which hereafter (hall inhabit within this realm, (hall buy, orm^^of tin
odierwife take by exchange for other wares, any manner wares !I^f ^**
made, or hereafter to be made out of this realm, of tin, or mixt "*"°*
with tin, as platters, dilhes, faucers, pots, bafons, ewers, fla^«
gons, goblets, falts, fidtcellars, fpoons, or any otlier thing made
of tin or pewter as aforefaid, whatfoever it be, upon pain of
forfeiture of the fame ware, in whofe hands foever it may be
found or taken, and alfo lawful money current in this realm to
the full value thereof; the one half ot the fame forfeiture to be
to the ufe of the King's highne(s, the other half to be to the ufe
of the finders of the fame.
II. And furthermore be it enadted. That it (hall be lawftd to Ofilcen may
the mafler and wardens of the faid craft of pewterers, as weU fevcb and
within the city of London, as within eyery other city, borough ^*" '?'^to
and town of this realm, where fuch wardens be, and where no SSrealm*
fuch wardens be to the head officer or governor, head officers contrary to
or governors of the (ame city, borough or town for the time be- this ftatute.
ing, to appoint divers perfons moft expert in knowledge of the
iame, to make fearch and feifure, and to take into their hands
and polleffions all fuch wares as hereafter (haD be brought con-
trary to the true intent and effis<5t of this prefent ad, in whofe
foever hands or pofleffion any fuch (hall be found.
in. And alfo be it enadted by the authority abovefaid, That No pewterer
no perfon or perfons occupying the faid craft or occupation of ^^u ^« *
pewterers within this realm, (&11 fet on work, or retain in his ^^^^9^ ^^^'^
or
a7P Anno vicciimo quinto Henrici VIIL [i533»
to be an ap- or their fervice, any perfon or perfons to be his or their appren-
prentice or xicc or journeyman, being ftranger bom out of this realm, upoa
lourocyman- ^^^ ^^ forfeit for every iuch apprentice and journeyman, x. li.
Kcp.5. . .4. ^gj.jjjjg . ^^j jjj^j ^jjj^j jjjj ftranger bom out of this realm (hall
occup]^, exercife or ufe, from the feaft of PitUicoJl next coining.
No ftraneer the faid craft of pewterers, ne ^ork any manner of ve^, or
born (hall gther ware aforefaid, to be made of tin or pewter, within any
tcr'wrinl^''' P^^^ or places of this realm, upon pain of forfeiture of ten
pound fterling) suid alfo upon pain of forfeiture of the fame
pewter or tii> fo wrought, in whofe hands foever it may be found
or taken.
No pewterer IV. And alfo be it enaded by authority aforefaid. That no
ihall leach his perfon. or parfons being born within this realm, occupying or
^'^****TOiuittv •''^rcffing the faid craft of pewterers, (hall at any time hereafter
rejgnco try. ^^^^^^ j^^ ^^^ ftrange regions or countries, there to ufe, teach
or exercife the faid craft of pewterers, upon pain to Ide the
privilege and benefit of an Englijbman.
V. And if in cafe any of the King's fubjcdls at this prefent
time being dwelling in any ftrange country or region, and there
occupying the fame craft of pewterers, do not repair into this
realm within three months next after requeft and warning to
him to be given, by writing fealed with the common feai of the
wardens o? the faid craft within the faid city, of Lmdon^ and
here in this realm continually from henceforth dwell and inha-
bit, that then and ftx>m thenceforth he (hall be reputed and
taken as no EngUJbman^ but (hall ftand, and be ftom thenceforth
out of the King's prote(5tion.
VI. jbid firafmuch as futidry evil-difpofid perf$HSy which com-
fMnfy bien caiUd hawkers^ by authority of the King^s kturs pattnts or
placard^ Jo not only go about from plan to placM vntbin this realm^
uftng bujing and felliag ofbrafs and piwtor^ and by colour and pre--
time of tbi fiuM Bccnces or placarJsj ufe * "
weights atfd boamSy but alfo do ufe to fell loth brafs and pewter which
my mtxt m ' '
unlawful and deceitfable
h brafs and pewter which
is notgoodf nor truly nor lawfully mixt nor wrought^ to the great de-
ait of the King^s true liege people^ contrary to the form and effect of
the faid good aft and Jiatute made in the faid fourth year of the
Licences and King^s mojt noble reizn : (2) be it therefore enadled by authority
placards made of this prefent parliament. That all fuch licences and placards
^wter^Aall heretofore had, made or granted, to any fuch perfon or perfonsj
^ voi<j, contrary to the true meaning, form aifid effed of this ftatute,
Ihall be from henceforth, by authority of this prefent parlia*
ment, clearly void and of none effeA. (3) And whereas in the
faid a^ of parliament^ concerning the craft of pewterers and brafierSf
Pewter ftall be '^^ tn the faid fourth year 9 for divers caufes and confiderations in
fold in fairs the fame a^ containedi amot^ other things it is exprejfedt That no
*"d ?"*l!^^"' ^^^'^ perfon or peffons ufing the faid craft of pewterers or brafurs^
owners fi^uld from thmceforth fell or change any pewter or brafsy new or
houfe«, and ^'^» ^^ anyplace or places within this realm^ but only in open fairs
not elicwhere. or markets^ or in their own dweRing-houfeSy but if they were deftred
by the buyers of fuch wariSy upon p<nn of forfeiture for every fuch
default X. liM \A) ForafmAcb as the fame forfeiture is' to the only
^ 5 3 3 • ] Anno vicefimo quinto Henrici VIII. 271
ufe of the Kin^s bighrufiy and that anj party fear thing ^ or finding thi
Jame^ iS not intituled to have any benefit thereby^ it hath not been
known that any perfon or perfons have taken any pain to fearch^ or
make any enquiry thereof^ by rcajon whereof divers and many evil^dif-
pojed perfons^ uftng buying and felling both of brafs and of pewter ^ and
not regarding the faidgooda^y neither the faia penalty y daily go tf-
boutjrom village to village^ town to town^ and from houfe to boufej
to fell fuch pewter and brafs which is not goody and alfo ufe deceive
able weights and beamsy as they did before the making of the feud a£fy
to the great hurt and deceit of the King's true liege people andfubjeils : who Audi
(5) wherefore be it enadted by the authority aiforefaid. That as have the for*
well the moiety of the faid Forfeiture of x. li, limited in the ^turcs, and
faid ftatute made in the faid fourth year, as alfo the moiety <^t2cJ^A!dfSr*
all other forfeitures before exprefled, and every of them, be and reSvcrcd;
(hall be to the ufe of the King*$ highnefs, his heirs and fuccef-
fors, and the other moiety of the fame forfeitures, and every of
them, to the ufe of him or them that (hall feize, find or prefent
the faid forfeitures, or any of them, or that (hall fue for the
fame in any competent court or courts within this realm, by
adion of debt, bill, plaint or information^^ wherein the defen- Condnued bv
dant (hall in no wife be admitted to wage his law, nor any pro- i^ H. s. caj,
tedtion or eflbin to any perfon or pexfons, which (hall be im-
peached to have offended contraryto the form and effe<ft of this
eftatute, (hall be allowable. (6) This a<ft to endure to the laft Made perpe-
day of the next parliament. tual33H.S.c.4.
C A P. X.
Jyi eiH concerning the acceptance of the oatb to the aS of
fewers.
BE it enadted by authority of this prefent parliament. That
the ad late made for lewers, and the coauni(rion therein
recited, (hall be extended, ufed, and put in execution in the
town and marches of Calaisy according to the tenor of the fan)e
commiffion, in like effedl as it is enabled to be put in execution
within this realm ; (2) and that no perfon (hall be compelled to Svery oem-
be fwom, or otherwife bound to fit or travel in execution of gMftiopf of
any conmiiflion of fewers within this realm, unlefs that he •^c^^^SjfT**
dwelling within the county whereof he is, or (hall be afilgned county,
to be commi(rioner; and tor Calaisy and the faid marches there-
of, unle(s that he be dwelling within the £une town of Calaisy
or marches.
11. And becaufe that elvers perfons heretofore ajfigned to be com^
milEonerSy have refufed to be fwom according to the faid former a£t^
whereby divers comnajfions heretofore made remain hitherto without
effectual execution : (2) be it therefore enaded. That if any per- The forfeiture
fon alTigned or to be afiigned to be fuch commi(fioner of (ewers, of a commir.
being required hereafter by fuch perfon or perfons as have or ^^^^j^^^'
fliall have authority, by the Kirk's writ or otlierwife, to re- SkrSclMt?
ceive or accept the oath comprifed in the (aid former a(Sb, every afligned by
perfon that fo refufeth to take the fame oath, or upon that re- the ftatute of
qudl made doth not receive the (ame oath, and that rcfufal ot »3 H.S. c. 5.
2 con-
tyi Anno vicefimo quinto Henrici VIII. [1533.
contempt done ia the chancery, or returned into the chancery
with the^faid writ, (hall lofe and forfeit for the faine contempt
to the KingT>ur fovereign lord, five marics, (3) and lb to lofe,
from time to time, five marks for every fuch contempt as fhall
be done or returned into the faid chancery againfl any fuch per-
ions, unlefs that he in the fame chancery do (hew and allege
in the faid term, wherein fuch return (hall be made agaitdl him,
fufficient and reafonable matter and caufe^to be allowed by the
lord chancellor for his excufe and difchaige in that behalf.
CAR XL
Ta avoid dejir eying of wild-fowl.
The caufc of TT7HERE bifin this fimi there hath been within this realm
^iJd^f^U^ ^^''" ^^"^ ^/'o/iW-Zw/, as duciSj mallards^ wigeons^ teals^
^ " ® wild-geefty and divers 9ther kinds ofwUdrfowl^ whereby not anfy the
King^s mo/l honourable houjholdy but alfo the houfes of the noblemen and
prelates of this realm^ have been fumtjhed for the neceffary expences
of the fame houfeSy at convenient prices^ but alfo au mariets of
the fame realm were fuffciently furnijhed with wUd-fowl^ there t»
' be Joldy in fuch wife that fuch as were meet to make provifitm of the
• fame for their houfesy might at reafonable priceSy'at the fame mark"
etSy be thereof provided I (2} neverthelefsy divers perfons next im-
habiting in the countries and places within this reaWiy where the
fubflance of the fame wildfowl hath been accujlomed to breedy have
in thefummer feafoUy at fuch time as the faid old fowl be meuUedy
and not replenijhed with feathers to fiyy nor the young fewl fuUy
feathered perfebly to fly y have by certain nets and other engines and
policieSy yearly taken great number of the fame fowly in fuch wife
that the brood of wild-fowl is abnojt thereby wafted and confumed^
and daily is like mere and more to wafle and confumcy if remedy be
not therefore provided.
Wild-fowl II. Be it therefore enaded by the king our ibvereign lord, by
^v * "kI ^ ^^ affent of the lords fpiritual and temporal, and the commons,
the*aftdry of ^'^ *" F^fent parliament afTembled, and by the authority of
May and tihe the fame. That it (hall not be lawful to any perfon or perfons
laft (lay of hereafter, between the laft day of May and the laft day of jfu^
Auguft. gujl^ to take, or caulc to be taken, any fuch wild-fowl with
6.*c. 7. and ^^^ ^^ *"y ^^^^ engines, (2) upon pain of one ywr's impriibn-
revivcd by %i mcnt, and xp forfeit for every fowl fo taken iv. d. the one half
jac. 1. c. 18. thereof to be to the King our fovereign lord, and the other half
and farther to him that will fuc for the fame by aftion of debt in any of the
Tcar?"! c Z King's courts, and in the which adtion none efToin nor protec-
& 16 Car. I. tion (hall be allowed, nor wager of law received.
c. 4. III. And be it ena<fted by authority aforefaid. That all juftices
Jufticci may ^^ pcace, within the limits of their commiflion, (hall have power
•nquire of, and authority to enquire, hear and determine Ac offences afore-
hear and faid, like as they commonly ufe and do in cafes of trefpafs.
thT^w^ ly. Providedf always. That it (hall be lawful to any gentle-
FKehold«^"f "™^"» ^^ ^"y ^^^^^ *a^ ^V ^^'P^^^ ^^^ (hillings b)r the year
40 s per. ann. of freehold, to hunt and take fuch wild-fowl with their (paniels
only.
o.
^533]* Anno vicefimo quinto Henrici VIII. 273
only, without ufmg any net or other engine for the fame, ex- raay kill wild-
«::cpt it be a long-bow or long-bows. nidi 6nl*^ ^^*"
V, Provided alfo, and be it enad^ed by the fame authority, Noperfonfliall
That from the firft day of March^ which (hall be in the year of deftroyortake
our Lord God 1534, unto the laft day of June then next enfu- away tlie eggs!
ing, and 'fo yearly from thenceforth, no manner of perfon or *^*^^^^*^'^®^^'
perfons (hall prefume, by day or by night, willingly to with*^^®^ eo.a.ca*.
draw, purloin, take, dc(bPoy, or convey any manner of eggs '
of any kind of wild-fowl, from .or in any neft, place or places
where they (hall chance to be laid by any kind of the fame
wild-fowl, (2) upon pain of imprifonmcnt for one year, and to
lofe and forfeit for every egg of any crane or buftard, fo deftroy-
ed, purloined, withdrawn, conveyed, or taken from any neft or
place, XX. d. and for every egg of*^ every bittour, heron or (hove-
lard, viii. d. and for every egg of every mallard, teal, or other
wild-fowl, one peny ; (3) the one moiety thereof to be to the
King our fovercign lord, and the other half to him that will , * '
fue for the fame in form aforefaid, wherein no wager of law,
cflbin or prote<5lion (hall be allowed ; (4) and that all juftices
of peace, within the limits of their commiflion, (hall have full
power and authority to enquire, hear and determine the fame
in form before rehcarfed.
VI. Provided always. That this aft extend not, nor be hurt- Crows, rooks,
ful at any time hereatter, to any perfon or perfons that will dc- choughs, &c.
flroy any crows, choughs, ravens and buflards, or their egg^, ^^^ccepted.
or to any other fowl or their eggs not comeftible, nor ufed to
be eaten.
CAP. xir.
EIiTiabethBarton oi Kent^ and others attainted of high treafon, for
that under colour of hypocrify, revelations, and falfe miracles
praftifed by the faid Elizabeth^ they confpired to impugn and
ilandcr the divorce between thfe King and Queen Kfltkerine^
his firft wife, the laft marriage between him anid Q^ttnAnney
his fecond wife, to deftroy the King, and to deprive him of
his crown. EXP;
CAP. XIII.
Concerning the number ofjheep onefiould keep.
FORASMUCH as divers and fundry perfons of the King's Jul- What number
jeSfs of this realm, to whom Gad of his goodnefs hath difpofed ^^ ^^^^ "^^»
great plenty and abundance of moveable fuhflance, now of late with- ^^^ ^^^'
in few years have daily /iudiedj praJfifed^ and invented ways and
means how they might accumulate and gather together into few hands ^ ,
as well great multitude of farms as great plenty of cattle^ and in
efpecial Jheep, putting fuch lands as thty can get to pajiure, and not
to tillage^ (2) whereby they have not only pulled down churches and
towns^ and inhanced the old rates of the rents of the pojfejjions of
this realm^ or elfe brought it to fuch exceffive fines that no poor man
is able to meddle with it, but alfo have raifcd and enhanced the prices
of all manner of cor n, cattle^ wcolj pigSy gcefe, hens, chickens, eggs,
and fuch other, almfl double abffoe the prices which have been ac-
Vol. IV. T cujlomed-,
2 74 Anno vicefimo quinto Henrici VIII. [ 1 5 3 3»
cyftonud S (3) ^ reafon wbergofa marvettous multltudi and number
cftbe people of this realm be not able to provide meat^ drink and
clothes necejfaryfor themf elves ^ their wives and children^ hut^ be fo
difcouraged with miferj and poverty ^ that they fall daily to theft ^
robbery and other inconveniences^ or pitifully die /or hunger and cold ;
^4) and as it is thought by the Kinfs mofi humble and loving fub^
je£lSy that one of the greatejl occafions that moveth and provoletb
thofe greedy and covetous people fo to accumulate and keep in tbeir
bands fuch great portions and farts of the grounds and lands of tbi$
realm from the occupying of toe poor bujbandmeny and fo to ufe it
in pajturcy and not in tiUagOy is only the great profit that cometh of
Jbeep^ which now be come to a few perfons hands of this realm^ tn
refPfR of the whole number of the King* s fubjeSs^ that fome have
four and twenty thoufandy fome twenty thoufandy fome ten thmfand^
fome fix thoufandy fome five thoufandy and Jon
Is) by the which a good ftteep for viSlualy thi
enormitjes JoU for two fi)illings four-^ence, or three Jbillings at the mofty is
The feveral (s) h ^^* which a good flteep for vl^ualy that was accujtomedto be
enormitjes fold for two fi)illings four-^ence, or three Jbillings at the mofiy is
b'*th1r*"'"'d ^^ f^^ f^^ fi* M^H^^ or five JUllingSy or four finlKngs at the
defire^ofhav-^ '^^/ * (^i ^''^ a ftone of clotting wooly that in fome Jhires of this
ing many realm was accu/lomed to be fold for eighteen-pence or twenty-tencoy is
fliwp. now fold for four JbillingSy or three foilUngs four-pence at toe teafi 5
and in fome countries where it bath been fold for two Jbillings four--
penecy or two Jbillings eight ^penccy or three JhilTings at the m^y it
is now fold for five JhiUingSy or four JbilUngs eight-pence the
leajly and fo are raffed in every part of this realm ; (7) which
tbtngSy thus ufedy be trincijfally to the high difpleafw^e of Almighty
Gody to the decay of the hojpitality of this reaJmy to the diminiflung
of the King^s peopUy and to the let of the eUth^makingy whereby many
poor pfople have been accu/lomed to befet on work ; and in conclufion^
if remedy be not foundy it may turn to the utter dejlru^fion and de-
Jolation of this realmy which God defend i (8) it may therefore
pleafe the King's highnefs, of his moft gracious and godly dif-
pofition, and the lords fpiritual and temporal, of their goodncTs
artd charity, with the aflent of the commons, in this prefent par-
^o man fhall liament aifembled, to ordain and enadt by the authority of the
have above fame. That no perfon or perfons from the fcaft of Saint Michael
xooo eep, ^^ archangel; which (hall be in the year of our Lord God 1535.
Ihall keep, occupy or have in his pofleflion, in his own proper
lands, nor in the pofleflion,, lands nor grounds of any other
which he ftiall have or occupy in farm, nor otherwife nave of
his own proper cattle, in ufe, pofleflion or property, by any
manner of m^s, fraud, craft or covin, above the number of
■ two thoufand Ihcep at one time, within any part pf this realm,
Qf all fort^ and kinds, (o) upon pain to lofe and forfeit for
every flieep ^hat any perfon or pcrfotis fliall have or keep a-
bove the number limited by this aft, iii. s. iv. d. the one half
to the King our fovereign lord, and the other half to fuch
perfon as will fue for the fame, by original writ of debt, bill,
plaint or information in any court of record, in which fuit the
defendant fliallnot wage his Jaw, ^or have any eflfoin or pro-
tcftion allowed*
II. Pro.
'533-] Anno vicefimo quinto Henrici VIIL ' 275
II. Provided alway. That Iambs- (hall not be accounted of Lambs under
the number of the (heep prohibited by this a(5t, fo long as they 5"?,^^'' ^^^
be under the aee of a year, and not above. oowitwiftecp
III. Provided alfo. That if any perfpn having (heep of his
own, happen to be made executor, or to be adminiftrator to Sheep coming
any perfon whicli had (heep at his death, or happen to be mar- {j? ^^ecutor-
rioi to any perfon which (hall happen to have (heep at the time ^^g^f °**^*
of the marriage, by reafon whereof the perfon fo being execu-
tor or adminiftrator, or being fo married, (hall happen by fuch
means to be advanced, and have above the faid number of
two thoufand fhcep ; that then in every fuch cafe the perfon fo
advanced to lofe no penalty for having above the number of
two thoufand (heep by fuch means, fo that within one year next
after fuch advancement, the perfon fo advanced, firom time to
time, as often as any fuch cafe (hall happen, do put to fale,
or other wife difpofe fo many of the faid (heep fo to him advanced,
or el(e of his own (heep that he had before, fo that above one
year he (hall not keep, have or occupy by any fuch means, or
otherwifc by any fraud or covin, any more number of them
than is before limited bythis adt, upon the pain before rehearfed.
IV. Provided alfo. That if any perfon by hii laft will and Sheep be-
teftament give to any child within age any number of (heep, and qucathed hy
appoint them by his faid will to be kept oy his executors, or by ^•11'® * ^^^
any other perfon, until fuch time as the (aid child (hall come ^^ ^ **^**
to a certain age limited by his will, that then in every fuch cafe,
after the death of the teftator, the faid (heep, fo being in the
pofleflion and occupation of the executors, of of any other per-
fon to the ufe of any fuch child within age, for that time only-
that the faid child (hall be within the age that he (hall be limited
to have the faid (heep by the will of the te(tator, (hall not be
accounted againft the faid executors, nor any perfon fo having
tlie faid (heep, for the intent aforefaid, any of the number of
the (heep prohibited by this adl ; any thing in this ad to the
contrary thereof notwithftanding*
V. And it is further enafted. That the juftices of the peace Juftice* of tht
of every (hire (hall have power and authority to enquire of the peace (hall
offenders of this ad^, as well by the oaths of twelve men, as enquire of the
by information of arty of the King's fubjeds, and to make fuch Sjiraa^
liice procefs upon every prefentment or information concerning
this a6l, as they ufe commonly to do upon prefentments before
them of trefpals ; and that no perfon being convi^ by confef-
fion or otherwife, that he hath done or attempted' contrary to
this aft, (hall be put to any lefs fine than after the rates ot the
forfeitures afore limited by this aft^
VI. Provided always. That no perfon (hall be put to any ^j^j^-j^ ^^^^
anfwer or lofs of any forfeiture by virtue of this a6t, at the. fuit ^^^^ thc^it
of any the King's fubjecfts, by any original writ of debt, (haU be corn-
bill, plaint or information, except the fuit be commenced with- menccd
in one year next after the offence done or committed contrary ^^^? ^^
to this aa : ^2) nor that any perfon (hall be put to anfwer, nor ^^" *'*
to any lofrot any forfeiture bv virtue of this a<Jl, by reafon of
. T'2 any
276 Anno vicefimo quinto Henrici VIII. [1533.
any prdentment, a6tion or information at the King's fuit, ex-
cept the fame prefentment, adion or information be had and
made for the King within three years next after the offence done
or committed.
Every perfon VII. Provided always, That all and every perfon and perfons,
temporal may being the King's temporal fubjedls of this realm, and bom un-
iiScritance^ der nis obeifancc, which at this prefent time, or at any time
&c,%8*maiiV hereafter (hall have or be feifed of inheritance, in poflefltoa or
flieep as he ii^ ufe, or that now hath, or hereafter (hall have jundure in ufe
will. or in pofleflion, or be or (hall be tenant in dower, or by the
curtefy of Mttgland, of or in any manors, lands, tenements,
paftures, feedings or liberty of foidage within any part of this
realm of England^ JVaks^ or the marches of the (ame, that eve-
ry fuch perfon and perfons, having any (iich poiTeflion to his own
ufe, and every fuch perfon and perfons, to whofe ufe any other
perfon or perions now is or be, or hereafter (hall be feifed of
any fuch eftate, as is before rehearfed, may at all times hereaf-
ter have, enjoy, keep and maintain upon the fame their own
demefh lands, and all other their paftures, feedings and fold-
courfes, which they fo have, as many their own (heep and
lambs in number to their own proper ufe, profit and behoof, as
thev or any of them of right had, or lawfully might have had
and kept upon the fame, or upon any part thereof, at any time
before the making of this prefent adl, this act, or any thing
therein contained or fpecifieid to the contrary in any wife not-
withftanding.
Twothoufand VIII. And over that be it enafted by the authority aforefaid^
fticcp may be Xhat in cale any fuch perfon or perfons, having any fuch
perfon upon ^'^^^^ '^ ^^^ ^^ in poflTelTion, of or in any manors, lands, tcne-
demcfns and ments, paftures, feedings, or liberties of fold-courfes, as is be-
farms. ' fore exprefTed, have or do keep upon the fame their pofteflions
the number of two thoufand ihecp, or above, the fame perfon
or perfons fo having the number of two thoufand (heep, or a-
bove, (hall not in any wife keep, fuftain, or have any (hecp a-
bove or be(ide the faid number of two thoufand upon any lands,
paftures or feedings, which the fame perfon or perfons have, or
hereafter (hall have, or take in ferm or otherwifc, upon fuch
like pains and forfeitures for the fame, as b^ limited in the (aid
adl ; that is to fay, for every flieep over and above the faid num*
ber of two thoufand, three (liillings four-pence : (a) And in
cafe the faid demefn lands, tenements, paftures, feedings and
liberties of fold-courfes of any perfon or perfons before rehearfed,
fuffice not for the feeding,- pafturing and keeping of two thou-
fand ftieep, as is aforclaid, that then every fuch perfon (hall
and may have, fuftain, or feed upon his faid demefn lands, and
upon his ferm-holds, which he lawfully may have, to the faid
number of two thoufand (lieep, and not above, upon pain of
forfeiture for every (heep above that number, iij, s. iv, d.
Sheep for the IX. Provided alway, and be it enacfted, That it (hall be law-
SrhulToufe^ ^"' to every perfon or perfons within this realm, keeping a
above two houftiold, to have from time to time fuch convenietnt number
' thourand. of (heep over and above the number exprefTed in this adt, as (Iiall
be
^533-] Aiinoyicefimo quinto Henrici VIII. . 177
be necef&ry for tHe only cxpences of his houfliold, to be pro-
vided, kept and fed, in and upon his own lands, or other lands,
fuch as he can or lawfully may have or provide for, in ferm or
otlierwife ; any thing in this prefent a<ft contained to the con-
trary noiwithftahding ; {2) fo that the fame houlholder at no
one time fliall have or keep, for the expences of hiis houfhold,
or by colour of the iame^ over and above the number to hiiri
limited by this a(5^, any number of (beep more than Ihall fuf-
fice for the only expences of his houlhold for one year, without
fraud or covin; any thing in this pre(ent a<^ mentioned or ex-
prelRd to the contrary notwithftandipg.
X. Be it alfo further cna6ted by the authority aforefaid, Ho^^ fold-
That no manner of nerfon or perfons, of what degree focver he courfesinNor-
or th^ be, being lord or lords, owner or owners, farmer or farm- ^^^K^^H ^\
crs, of or in any liberty of fold-courfes within any town, tyth- 1^$ ofiMiT
Jng, village or hamlet within any of the counties oi Norfolk and
Si^iliy m>m and after the. feafl: of the nativity of our Lord God
next coming, fhall take in farm for term of years, or otherwife,
any quillets of lands or paftures, that is to fay, any number of
acres of land or paftufc appertaining to any other perfon or per-
fons, lying and being within the limit, extent or precin(^ oC
the faid liberty of the faid fold-courfesj (2) but that they fliall
permit and (uffer the faid perfons, having or being, for the
time, owner or owners, leilee or leuees of the faid quillets, to
manure and pafture the faid quillets j (3) and alfo to fuffer the
flicep of the faid owner or owners, farmer or farmers of the
faid quillets, after the rate of the fame quillets, to go with
the flock of the owner, farmer or occupier of the faid liberty
or liberties of the faid fold-courfes, paying the cuftomary charges
for the keeping and feeding of tlic fame, after the rate and ufe
of the country there commonly ufed, without any interruption
therein to be made by the faid owner or owners, former or
farmers, or occupiers of the faid liberties, (4) upon pain of
forfeiture for every time that any fuch perfon having any fuch
quillet, that fhall be fb letted or difturbed of feeding, keep-
ing or pafturing any of his flieep, fo to be fed and kept after the
rate of his faid quillet, for every fuch flieep iii. s. iv. d.
XI. Provided alway. That this a<5t, or branch concerning To which fort
quillets, or any thing therein contained, fliall not in any wileofqalHetsthit
be available to any tenant, owner or occupier of any fuch quil- ft**"^^ doth
let or quillets, to claim, have, or ufe hereafter any (uch pafture, ^ch iou ^*
or feeding of his flieep, in or with any fuch fold-courfes, but
only where the tenants, owners and occupiers of any fuch quil-
lets have had, or might have had heretofore of right and duty,
or ufed to have pafture and feeding in the faid fold-courfes, by
reafon of their tenures, and occupations of the fame quillet and
quillets, and none otherwife; (2) and where they liave not
ufed, ne ought to have any ftieep fed or kept within any fuch
fold-courfes, by reafon of the faid tenures. That the owners or
occupiers of fuch fold-courfes may take fuch quillets, lying
within their fold-courfes, in farm, agreeing with the owners or
occupiers of the faid quillets for the fame.
T3 XII.
278 Anno vicefimo quinto Henrici VIII; t^533*
Syt fcoreof "XII. And foraftmuh as the number of theC. of Jheep m every
^^P ^^ ^ eouMrj be not like^ in fome country the great Cr where fix fcore is
him^dT *" acemntedfor the C. and fome country but only five fcore \ it i$ c£t
declared by this prefent a6t, that the number of two thou£uid
iheep, limited to every perfon by this z&^ fhall be accounted
ten C. for every thouland, after the number of the gteat hun*
dred, and not after the lefs hundred^ fo that everv thouCuid
(hall contain twelve hundred after the lefs number of the
hundred.
When lamb* XIII. It is alfo further provided by the authority aforefaid^
fliall be taken 'Yhzt lambs under the age of one whole year, and as much as
for acep. (halbbe from the time of the felling of them mxo the feaft of
the nativity of %Ujohn Baptift^ in any year to come, (hall not be
adjudged, ne taken for (heep prohibited in this ftatute \ any
thing in this afl to the contrary notwithftanding.
No man (hall sSv. It is alfo further enaded by authority afore&id. That
take above j^^ manner perfon after the faid feaft of the nativity of our Lord,
s» H.*8.^'»8 J ^^' receive, or take in farm for term of life, years, or at will,
by indenture, copy of court-roll, or otherwife, any more houfes
and tenements of husbandry, whereunto any lands are belong-
ing, in town, village, hamlet, or tithing within this realm, a-
bove the number of two fuch holds or tenements ; (2) and
that no manner perfon (hall have or occupy any fuch holds, fo
newly taken, to the number of two, as is before exprefled, ex-
cept ne or they be dwelling within the fame pari(hes where fuch
holds be, upon the pain of forfeiture for every week that he or
they (hall have, occupy, or take any profits of fuch holds, cbn-
traiy to this adi, iii. s. iv.d. The one moiety of which forfei-
ture to be to the King our fovercign lord, and the other moiety
to the party that will fue for the fame in any of the King's
courts, by bill, plaint, information, or otherwife, within one
year next after fuch contempt and offence committed and done,
m the which none eflfoin, protection, ne wager of law (hall be
admitted or allowed. •
4.H. 7.c.f9. XV. It is alfo further enaaed by authority aforefaid. That
7 H. «. c. I. ^^ ftatutcs made the fourth year of the noble prince. King
'Henry the Se\'enth, and in the leventh year of the reign of pur
fovereign lord the King that! now is, concerning the decay of
towns, and maintenance of tillage and hufbandry, (hall be good
and effectual in every thin^ according to the true purport and
intent of the feme ; any thing in this prefent aft to the contrary
notwithftandine.
Spiritual per- XVI. Provided alfo, That it may be lawfiil to all fpiritual
foni. perfons, and every of them, to keep fuch and as many Ihcep
upon their own hnds, and after fuch form and manner, and
none otherwife, as they might have done afore, the making
• of this aa ; any thing mentioned in the fame to the contrary
notwithftanding.
CAP.JCIV.
A repeal of the ftatute of 2 H. 4. r. 15. and a confirmation of
the ftatutcs of 5 R. 2. St. 2. r. 5. W 2 H. 5. 5/. i. ^. 7. touch-
ing
1533*] Anno vicefimo quinto Henrici VIII. 2^9
ing the punifliment of hereticks. Sheriffs in their turns, ^
and ftewards in their leets, rapes and wapentakes, (hall have '* ' ^^*
authority to enquire of hereticks ; and every fuch prefentment
made in any turn, leet, bfc. .concerning hereticks, fliall be
certiiied to the ordinary. Every perfon prefented or indided
of any herdy, or duly accufed by two lawful witnefles, may be
cited^ arrefted, or taken 1>y an ordinary, or other of the King's
fubjeds, and committed to the ordinarv; to anfwer in^pen
court, and being coavidt, (hall abjure nis herefies, and re*- Rep. 1 Ed. €.
fu(ing fo to do, or failing into relapfe, (hall be burned in an ^- >^
open place for example of others.
CAP. XV.
An^aS for printers y and Hnders of bocks.
WHEREAS by the prmfim $fa jiatuU made in the firjf year Touching the
of the reign of King Kichard the Thirds it was provided in importation
the time cQ^ Hxxt mfUranger% repairing into this reahn^ night law- *5l^^""5
fully bring into the fatd realm printed and written boots, to fell at *^^^***'
ibeir liberty and pkafure -, (2) by force of which provijion there bath , r. j.c. 9.
eome to this realm fethen the making ofthefame^ a marvellous number ,
of printed booiSy and daily doth ; and the caufe of the mating of the fame
provifionfeemeth to be^for that there were hit few boots, ana few prin^
ters within this realm at that time, which could well exercife and occupy
ibefaid fcience and craft of printing ; neverthelefsyjithen the mating
of the faid provijion, many of this realm, being the King* 5 natural fub^
jeHs, have given themfo diligently to learn and exercife the faid craft
of printing, that at this den there be within this realm a great num--
her cunning and expert in the faid fcience or craft of print itig, as able
to exercife the faid craft in all i>oints,f as any flranger in any other
realm or country : (3) and furthermore, where there be a great num-
ber' of the King*sjubje£ls within this realm, which ffve by the craft
andmyftery of binding of books, and that there be a mat multitude well
expert in the fame, yet all this notwithftanding, there are divers per-
fons that bring from beyond the fea great plenty of printed boots, not
onfy in the Latm tongue, but alfo in our maternal Engliih tonguey
fome bound in boards, feme in leather, and fome in parchment, and
them fell by retail, whereby many of the King^sfubje^s, being binders
of books, and having no other faculty wherewith to get their living,
be dejHtute of wort, and lite to be undine, except fome reformation
herein be had ; -be it therefore ena^ed by the King our fovereign
lord, the lords Ipiritual and temporal, and the commons in ttus
prefent parliament aflembled, and by authori^ of the fiiaie, ^f^p^l^^
That the (aid provifo, made the firil year of^the faid King the Mute of
Richard the Third, from the fcaft of the Nativity of our Lord » R. 3. c. 9.
God next coming, (hall be void and of none eflfea. b^n ^in^into
II. And further be it ena<5ted by the authority aforefaid, That thirfcafii" nd
no perfon or perfons, re(iant or inhabitai^t ivithin this realm, binding of
after the faid teaft of Chrijlmas next Coming, (hall buy to fell hookt.
astain, any printed books, brought from any parts out oT the ^o""^* J>ook$
"" ■ " s, leather or parchment, beyond fc^^^
King's obeyfance, ready bound in boards, leather or parchment, i^eyond
.^ . 1 r 1 /. ^^?^ /j^j. gy^jy JjqqJ|. bomiJ Qut ©f thc urohtbit
T 4. faid be fold agaia.
upon pain to lofe and forfeit for every book bound out of the urohibited to
r^ ' * \ be ' • '
a8o Anno viccfimo quinto Henrici VIII. [i533t
faid King's obeyfance, and brought into this realm,' 5md bought
by' any perfon or perfons within the fame to fell again contrary
to this act, vi. s. viij. d.
No man fliall lU. And be it further enadled by the authority aforcfaid,
**ct^'^*^u^ht '^'^^^ "° perfon or perfons inhabitant or refiant within this
from beyond ^^^9 ^^er the faid feaft of Chriflmas^ (hall buy within this
fea by any realm, of any ftranger born out of the King's obedience, other
ftrangcr. than of denizens, any manner of printed books brought from
any the parties beyond the fea, except only by engrofs, and not
by retail, upon pain of forfeiture of vi. s. viij. d. for every book
fo bought by retail, contrary to the form and cffed of this
eftatute ; (2) the faid forfeitures to be always levied of the buyers
of any fuch books contrary to this ad; the one half of all the
faid forfeitures to be to the ufe of our fovereign lord the King;
and the other moiety to be to the party that will feife or foe for
the fame in any of tne King's courts, be it by hill, plaint or in-
formation, wherein the derendant ftwll not be admitted towage
his law, nor no protedtion ne eflbin fliall be imto him allowed.
Th£ prices of IV. Provided alway, and be it enadlcd by the authority
books excef- aforefaid, That if any of the faid printers or fellers of printed
eT ffi^be booJ^s, inhabited within this rcalm^ at any time hereafter hap-
qualified by pcn in fuch wife to inhance or increafe the prices of any fuch
the Kin£;V printed books, in fale or binding, at too high and unrcafonablc
great ofiicers. prices, in fuch wife as complaint be made thereof unto the
King's highnefs, or unto the lord chancellor, lord treafurer, or
any of the chief juftices of the one bench or of the otlier; that
then the fame lord chancellor, lord treafurer, and two chief juf-
tices, or two of any of them, fhall have power and authority to
enquire thereof, as well by- the oaths of twelve honeft and dif-
creet perfons, as otherwife by due examination by their difcre-
tions. (2) And after the fame inhancing and increafing of the
faid prices of the faid books ahd binding fliall be fo found by
. the faid twelve men, or otherwjYc by examination of the faid
lord chancellor, lord treafurer and juftices, or two of them ; that
then the fame lord chancellor, .lord treafurer and juftices, or two
of them at the leaft, from time to time fhall have power and autho-
rity to reform and rcdrefs fuch inhancing of the prices of printed
books from time to time by their difcretions, and to limit prices as
well of the books as for the* binding of them 5(3) and over that,
the offender or offenders thereof being convi6l by the examina-
tion of the fame lord chancellor, lord treafurer and two juftices,
or two of them, or otherwife, fliall lofe and forfeit for every
book by them fold, whereof the price fhall be inhanced for the
book or binding thereof, three ftiillings four pence; the one
I)alf thereof fhall be to the King's highnefs, and the otiier hair
fo the parries grieved that will complain upon the fame in
manner and form before rehcarfed.
gAP.
W'
* 533-] Aimo vicefimo quinto Henhici VIlI. 281
CAP. XVI.
Jin cB that every judge of the high courts may have tne
chaplain beneficed with cure.
''HERE in the parliament holden at Weftminfter in the xxi. 11 H. 8.c, 13.
year of the reign ofourfovertign lord King Henry the Eighth^
it was among other things ordained and provided^ That certain honour" What perfoin
ahleperfonSf as well fpiritual as tempordlJhaU have chaplains beneficed ^y^lx^^^
tvith cure 9 to ferve them in their honmrable hot^eSy which chaplains ncficcd'witi
/hall not incur the danger of any penalty or forfeiture made or declared pure,
in the fame parliament for nonreftdence upon their faid beneficeSyor for
obtaining licences for aifpenfaticns of pluralities : {%) in the which aR
fio provifion was made J or any of the Kin^s judges ofhi^ high courts^
€ommonly called the Ktn^s bench and the common pleas ^ except only for
she chief judge of the King's befuh^ nor for the chancellor nor the
chief baron of the King^s exchequer j nor for any other inferior perfons
icing of the King's mojl honourable council, as by the faid a^ may
appear,
II. Wherefore it is ordained and enaSed by authority of this Every of the
prefent parliament. That as well every judge of the faid high ^^^^*^i
courts, and every of the chancellor and chief baron of the faid and coramon
exchequer, the King's general attorney and general folicitor, pleas, &c. may
vhich for the time is, be, or (hall be, (hall and may from hence- have one
forth at his liberty retain and have (ingularly to every of them f *^apJ«n hav-
in his houfe, or attendant to his pcrfon, one chaplain having fiH^hhcure
one benefice with cure of fouls, which may be abfent from his of fouls»
faid benefice, and not refiden t upon the fame ; the faid (tatute made
in the faid one and twentieth year, or any other (latute, a6t or
ordinance made to the contrary in any wile notwithftanding.
CAP. xvn.
Whofocver (hall (hoot in any hand-gun or crofs-bow, or keep ,^h. 7.0. 4.
any in his houfe, except he has lands, annuities or offices, to 3 H. s. c. 13.
the yearly value of an hundred pounds, (hall forfeit ten ^ '^•^•C' M*
pounds for every oflfence ; (2) anda juftice of the peace may j^^: \^{^
commit the offender to the gaol until he hath naid the fame c. T ^
forfeiture. (3) All former placards made to (hoot in cither
of them (hall be void.
CAP.XVIIL
An aafor clothiers in Worceftcrfhire.
SHEWETH unto the King ourfovereign hrdy and to the lords
fpiritual and temporal^ and to tie commonSy in this prefent par--
liament affembled^ the citizens^ burgejiis and inhabitants cfthe city of
Worccfler, and of the towns of Evefham, Droitwich, Keder-
minfter, and Bromifgrove, within the county of Worceftcr, That
where the faid city^ boroughs and towns have been in times pafl well
and fubJiantiaUy inhabited^ occupied-^ maintained and upholdm by reafon
of making of woolen cloths , called Long Cloths j Short Cloths and other
cloths^ as well whites^ blues and brown-blues y and the poor people cf
the fame city, boroughs and tozvns, and of the country adjoining to
• f) thentf
only in Wor-
cefter(hii:e
ihall ma)c^
282 Anno vlcefimo quinto Henrici VIII. . C'533«
/A«w, daily fet a wori^ as in /pinning^ cardirigy breating and forting
rf wools i and the handicrafts thtre inhabiting , as weavers^ YuIUrSj
jhearpun and 'dyers^ have been well fet a worky and had fufficunt
living by the Jam ^ until now within fhp years paffed^ tlxst divers
perfcns inhabiting and dwelling in thehamlets^ thorps and villages ad*
joining to the/aid city^ boroughs and towns within the ftdd Jkittyfer
their private wealths^ fmgular advantages and commo£ties^ nothing
regarding the maintenance and upholding ofthefaid eity^ boroughs and
JownSf ne the common wealth ofthefaid handicrafts inhabiting and
dwelling within thefaid city, boroughs and towns^ ne the poor people
which had living by thefa^e, have not' only ingrojfedand taken into
' their hands divers and Jundry farmSy and become farmer s^ graters
andbufboffdmeny but alfo do exircifey ufe and occupy the niyjiertes of
eUth-makingy weaving^ fulling anafbearing within their fend bou/esy
and do make all manner of clothsy as wellbroadclothsy whites and plain
eloths within their f aid houfcs in the countries abroady to the great de^
eayy depopulation and ruin ofthefaid cityy towns and boroughs:
II. For remedy whereof, and for the amendment and good
advancement of the faid city, boroughs and towns, be it enaAed
by authority of this prefent parliament, That after the laft day
of September y which (hall be in the year of our Lrord God 1536.
no manner of perfon ne perfons, of what degree or condition
foever he or they be of, (hall make or caufe to be made within
the faid (hire oiWorceftery any mannerof woolen cloths to be
fold, except onl v fuch perfon or perfons as after the faid laft day
of September (hail be dwelling and inhabiting within the faid
city of jybrceftery the boroughs and towns ofEveJbamy Droitwieby
Kiderminfter and Bromifgrove within the faid county of TVorceflery
or in any one of them, upon pain of forfeiture for every fuch broad
cloth made after the faid day by any perfon or perfons contrary
to the true meaning of this ad, xl. s.
lU* And further it is provided by the authority aforefaid,
7*hat the lords and owners of the meafes, tenements or cottages
within the faid city, or any of the towns and boroughs aforefaid,
(hall at no time hereafter dimit, fet or let any meafe, tenement
RepTftt Jac.i. or cottage fufSciently repaired within the faid city, boroughs, or
c it. towns before liouted, to any perfon or perfons, that hereafter
(hall inhabit in the faid city, boroughs ot towns, and exerci(iiig
any of the faid myfteries or crafts, at any higher rent, impoii-
tion or charge than was given for the fame at any time within
twenty years next before the making of this aA only except.
Provifofbf . IV, Provided olway. That this aft be not hurtful ne prejudi-
f]?*' "^'^ ^i*^ ^'^ ^^y perfon pr perfons for makiqg any cloths for their own
^* wearing, tbejr childrim or fervant$ wearing.
V. Alfo provided. That in the faid city, jind every town and
borough aforefaid, there (hall be due fei^-ch piade of^everv fuch
cloth beforefaid thjcre made, and that they be meted both length
and breadth, being wet ftom the mill, and before they be fet
upon the wrack ai^d dried; (2) and that they (l^all be fealed
The rents of
the houfei ia
tfaoTe towns
ftallnotbe
nifed.
Cloth (hall be
fearcbed and
fealed in the
fore(»d
towns.
97 H. S. cii
J^P' 5 &6Ed, ^ith ^^ fcj^i of (he fcarcher of the fame city, towi^ or borough,
6. c. . . 50. .^j^j^ fgjjj (i^j^u i^^yg ^ ftamp cpiijainii)g the truf
niimbgrij for
the
T 533-] Anno yicefimo quinto Henrici VIII. 283
tHc length and breadth of the fame cloth being wet, on pain o(
forfeitine for every cloth put to fale, not having the faid feal ot
the fearcjicr, tx. s. (3) and the fealcr to forfeit for every cloth by
jhim fearched and fealed contrary to the ^ true meaning of this
adty vi. s. viii. d. the one half of the faid forfeits to bb to the
ICing our foverden lord, and the other half to the party that
"Will fue for the lame in any of the King's courts, by writ of
^ebt, bill, plaint or information, in which a6tions or a£bon the
<iefendants or defendant (hall not wage their law, ne any eflbin
or protedion (hall be allowed : (4) and the fearcher (hall have
for the fearching and fealing of every cloth a peny, and not
above.
CAP. XIX.
The fubmijffion iff the clergy^ and reftraint of appeals.
w
HERE the Kipg's bumbU and AeMent fuhjeSlSy the cUrgj of
ibis realm ^England, bave not only Inowledged according
to tbe trutb^ tbat tbi convocations of'tbefame cfgrgy^ is^ always hath
heiHj and ought to hi affembled onfy by the Kin^s writy but alfo fub* *
jnittingtbetnfihes to the Kin^s majefty^ have promifed in Verbo
Sacerdotii, that they will never from henceforth prejume to attempt j
allege^ claim or put in ure, or ena£f^ proniulge or execute any new
^anonSy conflitutions^ ordinance provincial^ or other ^ or by whatfoever
ether name theyJhaU be called^ in tbe convocation^ unlefs the Kin£s
moft royal ajfent and licence may to them be badj to make, promulge and
* execute the fame ; and that his ^sjefiy do give his mojl royal affent
end aiitbority in that behalf: {2) and where divers conjtitutionsy or^ Several ca-
dinances and canons provincial or fynodal^ which heretofore *^^^ Jcen prdu-
been enaSfedj and be thought not only to be much prejudicial to the <ii(^al to the -
Kin^s prerogative royaly and repugnant to tbe laws andflatutes ^King's prcro-
this realmy but alfo overmuch onerous to his Highnefs and his fub- gative, and to
jeSfs ; the f aid clergy hath moft humbly befought the King's highnefs, ^^^^^^
that thefatd conftitutions and canons may be committed to the exami'^\^ realm.
nation and judgment of his Highnefs, and of two and thirty perfons of
the King's fubjeffs, whereof fxteen to be of the upper and nether
houfe of the parliament of the temboralty, and the other Rxteen to be of
the clergy of this realm ; and all the faid two and thirty perfons to
be cbofen and appointed by the Kin^s majejiy $ (3) and that fuch of
tbe faid conftitutions and canons, asfl)all be thought and determined by
the faid two and thirty perfons, or tbe more fart of them, worthy to
' be abrogated and adnuUed, fl>aU be abolite and made of no value ac^
cordinglyi (4) and fuch other of tbe fame conftitutions and canonr, as
by tbe faid two and thirty, or tbe more part ofthem^ ftfoU be approved
tofland with the laws of God, and conjonant to tbe laws of this realm^
fl^aUfland in their fuu firength and power, tbe Kings moft royal
affent frft bad and obtained to tbe fame 5 (5) be it ^erefore now Jbj ^*^^*^^a
T^^i ''XJ'«*onty rfthisprtfentMrliainent, according to ^^"^^^
faid fubmiflionand petition of the faid clergy. That they ne any tions or or-
of them from henceforth (hall prefume to attempt, allege, claim dinances
or put in urc any conftitutions or ordinances provincial or fyno- !p.^*»<^t the
dal, or any other canons; nor (hall cnadl, prpmulge pr exe-'^^S'^afl'ent.
- " " ' cute
284 Anno viccfimo quinto tiENRiCl VIIL [153^.
cute any fuch canons, conft?tutiorts'or o'rdinanc'es provjndal, by
whatfoever name or names they may be called, in their convo-
The conyoca- catlons in titne coming (v^hich ilWay flisill be aflcmbled by
tion aiall be authority Of the Kin]g's Wri^) Unlefs'ttie lame clergy may have
afi'emblcd by ^^^ King's Yrtotl royal affdnt and litertce to nialce, p'romulge and
fvrlt. "^ * e>cectite moh cahohs, conftltations ind orrdinarices provincial or
fyno'dal, (6) tipt^h pain df every one of the Taid cler^ doing
Contrary to Ais a6l^ and beirig f h^t'eof co'nvi6l, to fuffer imprilbn-
itient, and make fine at the King's will.
11. Jndfora/much (lijhch canom\ cchJiUiitiom and crdimnai^ as
heritofore nofue been' made By the tUrgy of this realm j cannot how at
thifejjion cfthis prefent parliament y h reafon ofjbortnefs tftime^ k
viewed^ examined and determined hy tie Kin^^s highnefsy and thirtf-
twoperfomiobe cbofen dnd appointed dccordtng to tbepetiiim (ffihe
The IGng yj^y^ ^j^^ /^ yj,;.j^ ^^^^ rehearfed: be it therefore enaded by au-
JTerlbnf S'ex! *ority afbrcfaid, That the King's highnefs (hall have power
amine the a^d authority to nominate and aJiign, at his pleafure, the laid
canons, and two and thirty perfons of his fut^e(5t$, whereof fixtccn to be of
to continue ^^^ clcmr, arid fixteen to be of the temporalty of the upper and
rh?nk*wQrSy, ^^^^^r houfe of the parliaihent ; arid if any of the faid two and
and to a- ' thirty perfons fo chofen (hall happen to die before their full de-
bridge the re- t.ermmation, then his Highnefs to nominate other from time to
F^Y% time of the faid tWo houfes of the parliament, to fupply the num-
35« 8. C.16. ^^ of the faid two and thirty; (2) and that the fame two and
3 & 4 Ed/e. thirty, by his highnefs fo to be named, fhall have power and
c. II. authority to view, fearch and examine the faid canons, conftitu-
3 Inft. 39. tJQf^g arid ordinances provincial and fynodal heretofore made,
1 3°Co! 47. ^^ ^^^^ °^ ^^^^ ^^ ^^^ King's highnefs ^d the faid two and
a Roll. 4VX. thirty, or the more part of them, (hall deem and adjudge
» L«v. iia. worthy to be continued, kept and obeyed, (hall be from thence-
forth kept, obeyed and executed witliin this realm, fo that the
King's moft royal aflent tinder his great feal be fir/l had to the
fame j (3) and the refidue of the faid canons, conftitutions and
ordinances pfOvinciaii, which the King's highnefs, and the faid
two and thirty perfons or the more part of them, fhall not ap-
prove, or deem and judge vro'rthy to be abolite, abrogate and
made fruftrate, fliall from thenceforth be void and of none
No canons effe(5!, and never ht piit in execution within this re^An. (4)
fliaii be cxc- Provided alway, 'f hat no canons, confiltutions or ordinances
^^(^.'Iirra'^*^ (hall be rtiade or put iri Execution wfthin this realm by authonry
to the Km^'t ^f ^^^ convocation of the tlcrgy, which ihall be contrariant or
pierogative, rcpugnant .to the King's prtrogatrve royal, or the cuflom^
or to the ]aws*or (Tatutes of thi^ rcaTnl j any thing contained in this act
laws. to the contrary herebfhdlwithftandin'g.
3 inft. ITS. ni. And be it furtJie'f enacSed by authork}' aforefald, That
Tiure fnall be from the feaff oi' ^/iftef^.^hkh (hzXl be in the year of our Led
no appeals to (^^d 1534, no nftanncr of appeals (hall be had, provoked, or
ain,Tah "''^'^^^ ^^'^ ^^ ^^^^ resi\tt\y qv'oiiM of any the King's dominions, to
be according the bifhiop of RcfUey nof to fhe fee "of Rcmey iii any caufes or
totheitatute matters' happening to be in (Contention, and having theif com-
mnde 24 H. S-menceiYient and beginningin any of die courts within thisrcalm,
C. 12. Qj
1533-} Anno viccfimo quinto.HENRici VIII. 285
or within any the King's dominions, of what nature, condition
or quality ibever they be of; but^that all manner of appeals, of
what nature or condition foever they be of, or what caufe or
matter foever'tbey concern, (hall be made and had by the par-»
ties grieved, or having caufe of appeal, after fiich manner, form
and condition, as is limited for appeals to be had and profecuted
within this realm in caufes of matrimony, tythes^ oblations and
obventions, by a ftatute thereof made and eftablilhed fithen the
beginning of this prefent parliament, and according to the form
and effedt of the faid eftatute; any ufage, cuftom, prefcription,
or any thine or things to the contrary hereof notwithftanding.
I V. And for lack of juftice at or in any the courts of the arch- Appeal* from
biihops of this realm, or in any the King's dominions, it (hatt Sa^*^?**' ^
be lawful to the parties grieved to appeal to the King's majeftvjjj—^^ *^^ .
in the King's court of chancery ; (2) and that upon every fucn chancery,
appeal, a commiffion (hall be dire<5led under the great teal to 4 Mod. 117.
fuch perfons as (hall be named by the King's highnefs, his. heirs ^y^^» ****•
or fucce(rors, like as in cafe of appeal from the admiral's* court, , ..
to hear and definitively determine fuch appeals, and the caufes^ . .
concerning the fame. (3) Which commi(rioners, fo by the
King's highnefs^ his heirs or fucceflbrs, to be named or ap-
pointed, (hall have full power and authority to hear and de-
finitively determine every fuch appeal, with the caufes and all
clrcumftaoces concerning the fame ; and that fuch judginent
and fentence, as the faid commiffioners (hall make and decree,
in and upon any fuch appeal, (hall be good* and efTeAual, and.
alfo definitive ; and no further appeals to be had or made from
the faid conrimifliopers for the fame.
V. And if any perfon or perfons, at any time after the faid Prxmunire.
feaft of Eafier^ provoke or fue any manner of appeals, of what ^®^ ^"l"S o^
nature or condition foever they be of, to the faid bi(hop of R^me^ Rome, or^fexc-
or to the fee of Rome^ or do procure or execute any manner of.cuting any
proccfs from* the fee oiRome^ or by authority thereof, to the de- proccff from
rogation or let of the due execution of tliis a<ft, or contrary to ^^^^^*
the fame, that then every fuch perfon or perfons fo doing, tiieir* ' ** ^'^'
aiders, counfellors andabbettors, (hall incur and run into tho.
dangers, pains and penalties contained and limited in the aA of^
provifion and Pramunin made in the (ixteenth year of the
King's moft noble progenitor. King Richard the Second, againft
fuch as fue to the court of Rome againft the King's crown and.
prerogative royal.
VI. Provided always. That all manrier of provocations and Appeals from
appeals hereafter to be had, made or taken from the jurifilidUon ^a^^ which
of any abbots, priors, or other heads. and governors of mo- ^^ 'to the
nafteries, abbeys, priories and other houfes and places exempt, fee of Rome,
in fuch cafes as they were wont or might afore the making of .^^11 now be
this aA, by rcafon of grants or liberties of fuch places exempt, *"*° ^^^^ ^^**"
to have or make immediately any appeal or provocation to the ^^^^*
bi(hbp of Rome^ otlverwife called Pope, or to the fee of Rfitne^
that in all thefe cafes every perfon and perfons, having caufe of
appeal or provocation, (hall and may take and make their ap-
peals
286 Anno vicefimo quinco Henrici VIIL £ 1 53 J-
peals and provocations immediately to the King^s majeflyof
this realm, into the court of chancery, in like manner and
form as they ufed afore to do to the fee of Romsi (2) which ap-
peals and provocations to made, (halt be definitively determined
by authority of the tCing*s commiffion, in fuch manner and
form as in this adt is abovementi<H)ed ; (3) fo that no arch*
bifhop or bifliop of this realm (hall intermit or meddle with
any (uch appeals, otherwife or in any other manner than they
might have done afore the making of this zA ; any thing in
this ad to the contrary thereof notwith(bnding.
What canonsr VIL Provided alfo,. That fuch canons, conftitutions, ordi-
&c. are ftill in nances and fynodals provincial being already made^ which be
force. not contrariant or repugnant to the laws, ftatutes and cufl:oms
*7 H V C.T ^^ *** realm, nor to the damage or hurt of the King^s pre-
V%, ' * '^' rogative royal, (hall now (till l^ ufed and executed as they
Repealed bv were afore the making of this a6t, ^U fuch time as they be
i&ftPh.&M. view^, fearched, or otherwife ordered and determined by the
rived^ ^E\ ^^^ ^^ ^^^ thirty peribns, or the more part of them, accord-
c. !• C 10' "*g *^ *^ tenor, torm and e(Fea of this prefent aft.
CAP. XX.
jin aS for the non-payment of firfi-frtdts to the hijhep of
Rome.
Nofirft.fniit. ^^^^fff'H thibiginningofthUprefm^^^
ihall be paid ^ ^ tiprefs of the acaflion of annates and firjt-frmts of arch^
to the bilhop bijbopricks and hjbopricis of this realm wrongfully taken by the bi/b&p
of Rome; and ^Romc, otherwife callea the pope y and the fee ^Rome, // is or-^
Smc^b^m ^ <4r/«^rf and ejlabliflfcd by an a^y among other things^ That the pay-
Aallbcciofen, ^^'^ 9f ^hie annates or firJl-fruitSy and all manner €ontrsbutions
inyefted and for thefdnUyfor any fuch archbijhopriik or bijhopricky er for any hulls
confecrated. to be obtained from tie fee ^Rome, to or for the faid purpofe or in-
J^dc ftat. « J ^^^^ Jheidd utterly ceafoy and no fuch to be paid for any arebbijb&p^
not in^thc*' ^^^ ^ bi/boprid tvithin this realm^ otherwife than in the fame a£t is
printed fta- expreffed : (2) and that no manner of per f on or perfons to be namedy
tutei before, eli^edy prefented or poftulated to any archbifioprick or bifiopHck
Vid. Codex , fg^ifhin this reabny Jhovld pay the faid annates or firJl-fruitSy nor
* ' ^* '• '• any other manner offum orfums of money ypenfions or annuities for the
famey or for any other like exa£fion or caufey ^3) upon pain to forfeit
to our fovereign lord the Kingy his heirs and ftucefforsy all manner
his goods and chattels for every and all the tenjporal lands and pojfef
funs of the faid archbtjhoprick or bijhoprick during the time that ke
or they thatjhould offend contrary to the faid a6tyJhould haveypoffefs and
Ifany prefent- ^/^ the faid archbi/hoprick - or bijhoprick, (4) And it is further
edbv the King enaffedy That if any perfon named or prefented to the fie ^Itome by
Rome to a ^*^ ^^^^ highnefSy or his heirs orfuccejforsy to be bijhop 'of any feo
biftioprick in ^^ diocefe within this realmy Jhoula happen td be lettedy delayed er
England be defctrea at the fee of Rome from any fuch bijhoprick whereunio be
there delayed, ^|^/rf befo prefentedy by mean of rejiraint of bulls of the faid bijhop
oMifccrated ^f R^"^^> otherwife called the Popey and other things requifite to
by an arch- ^A^ fame^ orjhould be denied at the fee of Rome, upon convenient fuit
bilhop in made^ for any bulls requifite for any fuch caufi^ that then every per-
England, yj^
1 533-] Anno vicefimo quinto Henrici VIII. 287
Jon to pnfentid might orjbouldbe cmfecratid here in Englmd iy thi.
arMiJb^p in whofe province tbefaidbtJboprickJballBei fi ahuqySy that
the fame perjin Jhmld be named and prefented by the King fir the
time being tc the /aid arehbijhcp. (c) And if einy perfon being ^ ^ .
named and prefented (as is before faid) t9 any orMift^eprick of this to?tfi?feeSf
realm^ making convenient fiat^ as is aforefaidj Jbould happen to ^f Rome to an
Uttedy delayed^ deferred or otherwife diflurbed from the fdd arch^ ^>^\^^
bifbopricky for lack of pall ^ bulls , or other things to him reqwfite to f*^^*"^^?*
be obtained at the fee ^Rome, that then every fuch perfon fo ««w^^c»nS:rated
and prefented to the archbijbop^ might and Jbould be confecrated tfffibytwobUhopt
invejied^ after prefentation made as is afore/aid^ by any other two ot England.
bijbops within this realm^ whom the tin^s highnefsj or any his
heirs erfucceJforSy Kings of England, would appoint and affignfor
the fame J according and after like manner as divers archbijbops and
bijbops have been hereto/ore in ancient time by fundry the Kin^s
moji noble progenitors made^ confecrated and inve/led within this
realm, (6) And if is Jurther enabled by the faid affy That every
archbifiop and bijbopy being named and prefented by the King*s high'*
nefsj bis belts and fiucejjors^ Kings of England, and being confed-
erated and invejiedj as is aforefmdj jbould be tn flailed accordingly^
and Jbould be accepted^ taken and reputed^ ufed and obeyed as an
archbijbop or bijbop of the dignity ^ fee or place whereunto he
Jball be fo namedy prefented and confecrated^ and as other like
prelates of that province j fee or diocefe^ have been ufed^ accepted^
taken and obeyed^ which have had and obtained compleatly^ their
bulls and otber things requiftte in that behalf from the fee of
Rome, (7) and alfo Jbould fully and entirely have and enjoy all
the fpiritudties cm temporalties of the faid archbijhoprick or
bijboprieky in as large^ ample and beneficial manner y as any of his
cr their predecejfors had or enjoyed in the (aid archbijbopnck or
bijbopricky fatisfying and yielding unto the King*s higbnefs^ and to
his heirs and fucceffors^ all Juch duties^ rights andinoefls as before*
time hath been accuflomed to be paid for any fucb archbijkopnck or
bijboprickj according to the ancient laws and cuftoms of this realm and
the King^s prerogative royal j as in the faid a^ amon^ other things is
more at large mentioned,
II. And albqt the faid bijbop of RomCj otherwife called the P^pty
hath been informed and certified of the effttSlual contents of the faid
j/7, to the intent that byfome gentle ways the find exa^tons might
have been redreffed and reformed^ yet neverthelefs the faid bijbop of
Rome hitherto hath made none anfwer of his mind therein to the
Kin^s highnefs^ nor devifed nor required any reafonable ways to and
with our faid fovereign lord for the fame: (2) wherefore his moft ^r'^^Iv^
royal majefty of his moft excellent goodnefs, for the wealth f^^^*®-
and profit ot this his realm and fubje^s of the fame, hath not ftatutc.
only put his moft gracioas and royal aflent to the forefaid ad,
but alfo hath ratified and confirmed the fame, and every claufe
and article therein contained, as by his letters patents under
his great feal imolled in the parliament roll of this prefent par-
liament more at large is contained.
IIL
No man (ball
beprdemed
to the fee of
Rome for the
dignity of an
archbidiop or
biihopi nor
annates or
firft-fruiU
ihallbepaid
to the fame
fee.
The manner
of electing an
arcbbi(hop or
biihop.
Anno vicefimo quinto Henrici Vlff, [^S?^*
ni. Andfcrafimuh as in the Jiud a6l it is not plainly and urtainly
ixprtjfed in what manner andfajbion arMiJhops and bijbopsjbail be
iU^id^ prefmtid^ invejled and confecrated luithin this redm^ and in aS
other ihi King^s dominionSy (2) be it now therefore enaded by the
King our fovereign lord, by the aiTent of the lords fpiritual
and temporal) ana the commons, in this prefent parliament
aflembled, and by the authority of the fame. That the faid a£t
and every thing therein contained (hall be and (land in ftrength^
virtue and effedt; except only, that no perfon or perfons here-
after (hall be prefented, nominated or commended to the £ud
bifliop of Rfitu^ otherwife called the Pope, or to the fee of
Rmtj to or for the dignity or office of any archbilhop or biihop
within this realm, or in any other the lung's dominions, nor
fiiall fend nor procure there for any manner of bulls, breeves^
palls or other thing9 requifite for an archbilhop or bifhop, nor
ihall pay any fums of money for annates, iirft-fruits nor other-
wife, for expedition of any fuch bulls, breeves, or palls \ but
that by the authority of this a6b, fuch prefenting, nominating
or commending to the faid bi(hop of Romet or to the fee of
Rom£y and fuch bulls, breeves, palls,' annates, iirft-fruits, and
every other fams of money heretofore limited, accuftomed or
ufed to be paid at the faid fee alRomey for procuration or expedi-
tion of any fuch bulls, breeves or palls, or otlier thing concerning
the. fame, (hall utterly ceafc and no longer be ufed within this
realm, or within any the King's dominions ; any thing con-
tained in the faid adt aforementioned, or any ufe, cuftom or
prefcription to the contrazy thereof notwithftanding.
IV. And furthermore oe it ordained and e(labli(hed by the
authority aforefaid. That at every avoidance of every arch-
bilhoprick or bifhoprick within this realm, or in any other the
King's dominions, the King our fovereign lord, his heirs and
fucceifors, may grant to the prior and convent, or the dean and
chapiter of the cathedral churches or monaderies where the fee
of fuch archbiihoprick or bifhoprick iliall happen to be void,
a licence under the great feal, as of old time nath been ac-
cuftomed, to proceed to eledion of an archbiihop or biihop
of the fee fo 'being void, with a letter millive, containing the
name of the perfon which they ihall elecft and choofe : (2) by
virtue of which licence the faid dean and chapiter, or prior or
convent, to whom any fuch licence and letters mifilve Ihall be
dire<5led, (haU with all fpeed and celerity in due form eled and
choofe the fame perfon named in the faid letters niilTive, to the
dignity and office of the archbilhoprick or bidioprick fo being
void, and none other. (3} And if they do defer or delay tbear
eledion above twelve days next after fuch licence or letters
miffive to them delivered, that then for every fuch default the
For default of
deflionbythe
dean and cha-
Jlatfnominatc King's highnefs, his heirs and fucceflors, at' their liberty and
a bifhop by his
letters patents.
I pleaiure (liall nominate and prefent, by their letters patents un-
' cler their great feal, fuch a perfon to the faid office and dignity
fo being void, as they (hall think able and convenient for the
fame ; (4) and that every fuch nomination and prefcntment to
be
1 533' J Anno vkefimo quinto Henrici VIIL a8^
be made by the King's highnefs, his heirs and fucceflbrs, if it
be to the office and dignity of a biihop, (hall be made to the
archbiihop and metropolitan of the province iwhere the fee of
the (ame biftioprick is void, if the fee of the faid archbiihoprick
be then full, and not void j and if it be void, then to be made
to fuch archbifliop or metropolitan within this realm, or in any
the King's dominions, as fliall pleaici the King's highnefs, his
heirs or fucceflbrs : (5) and if any fuch nomination or pre-
fentmem (hall happen to be made for default of fuch eIe6lion
to the dignity or office of any archbiihop, then the King's
highnefs, his heirs and fucceflbrs by his letters patents under his
great feal, (hall nominate and prefent fuch perfon as they will
difpofe to have the faid office and dignity of archbiihoprick being
void, to one fuch archbi(hop and two fuch bi(hops, or elfe to
four fiich bi(hops within this realm, or in any of the King's do-
minions, as (hall be affigned by our faid fovereign lord, his
heirs or fucceflbrs.
V. And be it eriafled by the authority aforefaid. That when- Confecntioii
foever any luch prefentment or nomination (hall be made by of a biihop«
the Kii^s highnefs, his htirs or fucceflbrs, by virtue and au-
thority of this a6t, and according to the tenor of the fame ; that
then every archbifhop and bifhop, to whofe hands any fuch
prefentment and nomination (hall be directed, (hall with all fpeed
and celerity inveft and confecrate the perfon nominate and pre-
fented by the King's highnefs, his heirs or fucceflbrs, to the
office and dignity that fuch perfon (hall be fo prefentedunto, and
give and tife to him pall, and all other benedi6tions, ceremonies
and things requi(he for the fame, without fuing, procuring or
obtaining hereafter any bulls or other things at the fee of Rwm,
for any fuch office or dignity in any behalf. (2) And if the
faid dean and chapiter, or prior and convent, after fuch licence
and letters mifiive to them directed, within the faid twelve days
do elect and choofe the faid perfon mentioned in the faid letters
miflive, according to the requeft of the King's highnefs, his
heirs or fucce(rors, thereof to be made by the faid letters
miffive in that behalf, then their election (hall (land good and
effectual to all intents > (3) and that the perfon fo elected, after The name of
certification made of the fame election under the common and a bifliop newlf
covent feal of the electors, to the King's highnefs, his heirs or choicn^iz. a
fucceflTors, (hall be reputed and taken by the name of lord lord«l«ct.
elected of the faid dignity and office that he (hail be elected unto ^
(4) and then making fuch oath and fealty only to the King's 'pj,^ m„g«,
maje(ty, his heirs and fucceflbrs, as ihall be appointed for the fignification
fame, the King's hishnefs, by his letters patents under his oFa biihop or
great feal, (hall fignify the faid election, if it be to the dignity *f^^^
of a bi(hop, to the archbifliop and metropolitan of the province * '
where the fee of the faid bi(hoprick was void, if the fee of
the faid archbi(hop be fiiU suid not void ; and if it be void,
then to any other archbiihop within this realm, or in any other
the King's dominions ; requiring and commanding fuch arch-
bi(hop, to whom any fuch 6|nification (hall be made, to con-
firm the faid dcction, and to mveft and confecrate the laid per^*
Vqu IV. U fon
a90 Anno viccfimo quinto Henrici VIIL [i 533.
fon fo elected to the office and dignity that he is elected unto,
and to give and ufe to him all fuch benedictions, ceremonies,
and other things requiiitefor the. fame, without any filing, pro-
curing or obtaining any bulls, letters or other thines from the
fee of Rfiffu for the fame in any behalf. (5) And if the peribo
be elected to the office and dignity of an axchbifhop, according
to the tenor of this act, then after fuch election cotified to the
King's highn^s in form aforefaid, the £ime perfon fo elected
to the office and dignity of an archhiihop, (hall be rq>uted aDd
taken lord elect to the laid office and dignity of an archbifhop,
^hereunto he (hall be fo elected ; (6) amd then after he hath
made iiich oath and fealty only to the King's majei^, his heirs
and fucceflbrs, as (hall be limited for the fame, the King's high-
nefs, by his letters patents under his great feal, (hall fignify the
faid election to one archbifhop and two other biihops, or eUe
to four biihops within this realm, or within any other the
King's dominions, to be affigned by the King's highnefs, his
heirs or fucceflbrs, requiring and commanding the (aid arch-
bi(hop and bUhops, with all fpeed and celeri^, Xp confirm the
faid election, and to inveft and confecrate the faid perfon fo
dected to the office and difi;nity that he is elected unto, and to
give and ufe to him fuch pall, benedictions, ceremonies and all
other things requi(ite for the fame, without fuing, procuring
or obtaining any bulls, briefs or other things at the faid fee (h
, _^ R^me^ or by the authority thera>f in any behalf.
S'llViS ^^- And be it funhcr enacted by authority aforefaid, That
ibJl be lawful. ^^ perfon and perfons being hereafter chofen, elected, no-
* minate, prefented, invefted and confecrated to the dignity or
office of any archbilhop or bi(hop within this realm, or with-
in any other the King's dominions, according to the form,
tenor and effect of this prefent act, and fuing their temporalties
out of the King's hands, his heirs or fucceflbrs, as hath been
accuftomed, and making a corporal oath to the King's high-
nefs, and to none other, in form as is afore rehearfed, (hall and
may from henceforth be thrononifed or infblled, as the cafe
fhall require, (2) and (hall have and take their only re(btution
out of the King's hands, of all the po(reffions and profits fpiritual
and temporal) belonging to the faid archbi(hoprick or bi(hop-
rick whereunto they (hall be fo elected or prefented, and (hall
be obeyed in all maimer of things, according to the nam^
title, degree, and dignity that the]^ (hall be fo chofen or pre-
fented unto, and do and execute in every thing and things
touching the fame, as any archbi(hop or bi(hop of this realm,
\cithout oflfending the prerogative royal of the crown and
the laws and cuftoms of this realm* might at any time hereto-
for notciea- VIL And be it further enaAed by the authority aforefii/,
ing or not con. That if the prior and covent of any monaftery, or dean and
b;£ort^ed.^!»P't«=r of any cathedral church whe« the L of ^n arch-
bi(hop or bi(hop is withm any the Kmg's dominions, attcr luu*
licence as is atore rehearfed, (hall be delivered to them^ P^
^533-1 Anno vicefimo quinto Henrici VIII. 291
ceed not toeledion,* and fignify the fame according to the tenor '
of this ad, within the fpace of twenty days next after fuch li-
cence (hall come to their hands ; (2) or elfe if any archbi(hop
or bifliop, within any the King's dominions, after anv fuch
cleAion, nomination or prefentation fhall be fignified unto
them by the Kine's letters patents, (hall refufe, and do not
con(inn, inveft and confecrate with all due circumllance as is
afore(aid, every fuch perfon as (hall be fo ele<fted, nominate or
preiented, and to them (ignified as is abovementioned, within
twentjr days next after the King's letters patents of fuch (12-
niiication or prefentation (hall come to their hands ; (3) or cue
if any of them, or any other perfon or perfons, admit, maintain,
allow, obey, do or execute any cenfures, excommunications, inter-
<li&ions, mhibitions, or any other procefs or a<5l, of what na-
ture, name or quality foever it be, to the contrary, ot let of
due execution ot this act ; (4) that then every prior and par- ^5 ^- 3* ((at.
ticular perfon of his convent, and every dean and particular 5*^**-
perfon of the chapiter, and every archbi(hop and bi(hop, and J^h g'^'f*
all other perfons, fo offending and doing contrary to this act, 31 h.* s.'c' 9,
or any part thereof, and their aiders, counfellers and abetters, s £1* c. i.
(hall run into the dangers, pains and penalties of the eftatute ^*P- ' ^* ^*
of the jprovifion znA pramunire^ made in the five and twentieth revived by i
year ci the reien of King Edward the Third, and in the fix- el c. i.
teenth year of King Riclmrd the Second.
CAP. XXI.
The act concerning Peter-pence and difpenfaticns.
MOST bumbfy befeechtng yeur m9ft royal Majefty^ ywr obedient qob. 146.
and faithMjubje£ti^ the commons of this yourprefent par^ '/^^^' **'•
liament affemblio^ by your meft dread commandment^ That where ^^*^'^^*
yourfubjeils of this your reabn^ and of other countries and dominions^
being tinder your obeyfance^ by many years pq/i have been^ and yet be
greatly decayed and tmpoverijbed^ ^ fuch intolerable exa^ions of
great fums of money as have been claimed and taken^ and yet contt^
nualfy be claimed to be taken out of this your realmy and other your
faid countries and dominions^ by the bijbop ^Rome, called the PopCy
and thefee of Rotney as well inpenftonsy tenfes^ peter^pencCy pnimra^ Sums of mo-
• yfrvits,/'^ ' •" ...... ---.1.^- -...>.-. _ ...
tionSyfrvitSyfuitsforproviJionSy and expeditions of bulls for archbijhop^ ncy which
ricks and bijhopricksy and for delegacies^ and refcripts in caufis havcbccnpaid
af contentions and appeals y jurifdiefions legantincy and alfo for dif caufw^t^he
penfationsy UcenceSy facultiesy grantSy relaxationSy writs called per- bifhop and fee
inde valere, rehabifitationsy abolitionsy and other infinite forts ofbuUsy of Romedif-
breevesy and injlruments offundry naturesy names and kindSy tn great continued.
numbers heretofore praRifed and obtained otherwije than by the lawsy
laudable ufeSy and cuftoms of this realm /bould be permittedy the
fpecialties whereof been over longy large in number y and tedious here
particularly to beinfcrted\ {2). wherein the bijhap ofKomtafore^
faid bath not been only to be blamed for his ufurpation in theprcr
mijfesy but alfo for his abufing and beguiling your fuijeGs^ pretendr
ing and perfuading them that he hath power to difpenfe wHh all human
Ims* ufes and cuftoms of all realmsy in all caufes which be called
Ua fpi-
igz Aimo vicefimo quinto Henrici VIII. [1533.
JhtrituaU which matter hath beeh ufurped and praSliftdby Km ad
his predeceffors for many yearly in great derogaticn ^ffner imperid
This realm U crffivn and authority royal^ contrary to right and confcience ; (ij/r
free from any ^vbere this your Graces realm reeogmjing nofuperior under God^ hut
bSVuch^* ^fyy^^ Grace^ hath been and is free from Jahfeff ion to any mns
have been hws^ hft onlytofiich as have been devijedy made and obtained witim
deviled within this reabrty for the weabh of the fame^ or tofuch other as Ij Jkf-
the 6mc. ferance of your Grace and your progenitors^ tne people of this jm
realm have taken at their free Uberty^ by their own confent to h ufei
amongfl them^ and have bound themfetues by long ufe and cujlm to the
ehfervance of the fame y not as to the obfervance of laws ofanyfirei^
prince J potentate orprelatCy but as to the euRofned and andeht laws if
The ^wer of fhis realm^ originally eflablijbed as laws ofthefamey by thefaiikffer-
the King and ancOy confenlts and cuftomy and none otherwife : (4) itjlandetb therefsre
pairliainent to ^ith natural equity and good reafoUy that in all and every fiuh laws ha-
^cr or amiui ^^ ^^ within this realmy or induced into this realm by thefmif^-
the human ferance y confent s and cujiomy your royal Majeflyy and your lords ffiritud
laws of thk and tempordy and commons y reprefenting thewholejlate ofycier riahsj
lealm. /^ ehis your mo/l high court rf parliament y have fiM pouoer and on-
thorityy not only to difpenfoy bat alfo to authorize fome eleS pa-fin
orperfons to dijpenfe with thofoy and aS other human laws ofthisycur
realm y and with every one of themy as the quaSty of the perfm od
matter Jhall require 't (5) and alfo thefaidlawsy andevpy oftbmy
to abrogate^ annuty amplify or dimimfl^y as it Jbadlbefeinmt^jm
Majejlyy and the nobles and commons of your realm prefent injm
parltamenty meet and convenient for the wealth of your reabu, as If
£vers good and wholefome a^s of parliaments y indde and eJlaUifiii
as welt in your timcy as in the time of your mofi mbU pYogemtm^ it
9hay plainly and evident fy appear ; (6) and becaufe that it is now in
tbefe days prefent feen^ that theflate^ digtityy fitperimtyy nefutotm
and authority of the (aid imperial crown cf this YealfHy by the ling
fufferance of the faia unreafonahle Cind uncharhabte ujkfpatim ani
exalfions praSlifid in the times of your mofl mbk jprogenitorfy is vauh
and fire decayed and diminijheay and the people of this realm iberthj
iwpoverijbedy and fo or wdrfe be Rke to conttnuOy if remiiy bt niA
therefore Jbortly provided :
lu It may therefore pleafe your moft noMe Miajefty, for tte
honour of Almighty God, and for the tender love, ^eal and
aflfeAioi\ that ye bear, and always have borne to the health of
this your realm and fubjcSs ot the fame, forafmuch as your
' Majefty is fupreme head of the church oi Englaniy as the pre-
lates and clergy of yoiur realm, reprefenting the laid churcln i"
their fynods and convocations have recognized, in whom con-
fifteth full power and authority, upon all futh laws as have
been made and ufed withm this realm, to ordaFn and cna^, ^
the affent of your lords fpiritual and temporal, and the commons
Noimpofitiont in this your prefent parliament aflembled, and by authority 01
**"!jpa>dto the fame. That no perf6n or perfons of ifcis your realm, orot
feeofKonST ^ny other your dominions, (hall from henceforth pay anv pen*
' fions, oenfes, portions, Peter-pence or any other impontwns^
to ^he ufe of the faid bifhop, or the fee of Romoy Jfte* ^^^''
t<rfore they have ufed, by ufuA)a<Son of the faid biftiop oiRo^
and
^533^} Anno vicefimo qiiinto Henrici VIII. 29 j
and his prtdtccfforsj and fufFcrancc of your Highncfs, ;ind your
mod JDoble progcijTtors, to do ; (2) but that aB fuch penfions,
cenlfi^) portions vid Peter-pence, which the faidbifhop of Jiomej
otberwile called the Pope^ hath heretofore taken and perceived,
or caufed^ to be taken and perceived to his ufe, and his cham-
bers, which he c^leth apoftolick, by ufurpatioh and fufferancc,
M js abovefaid, within this your realm, or any other, your do-
minions, ihall from henceforth clearly furceafe, and never more
be levied, taken, perceived nor paia to any pcrfon or perfons
in any manner of wife ; any conftitution, ufe, prefcription or
cttftom to the contmy thereof notwithftanding.
lit And be it further enaded by the authority afortfaid, NopcrfonihaU
That neither yovr Highncfs, your heirs nor fucccflbrs, Icings of^^j^^^^'^'
this realm, n6r any your fubjc<5ls of this realm, nor of anyfi^„^*^2^
other ypur domHions, fliall from henceforth fue to the faid bHhop of
bi(hop of Rmfy called the Pope, or to the fee of Rme^ or to Rome,
any perfon or p^ons having or pretending any authority by the q^^^' f^^'
fame, for licences, difpenfations, compofitions, faculties, grants, Moor\i^v!i.
jefcripts, delegacies, or any other inAruments or writings, of 609.
ivhat kind, name, nature, or quality foevcr they be of, for any Goldcib. i^^.
caufeor master, £br the which aiw licence, difpenfation, com-
pofitbn, fiiculty, grant, refcript, clelegacy, inftrument, or other
writing, heretofore hath been ufed and accuftomed to hft had
jand obtained at the fee of Rome^ or by authority thereof,
or of any prelate^ of this realm ; (2) nor for any manner of
other licences, difpenfations, compofitions, faculties, grants, reT-
•cripts, delegacies, or any other mftryments or writings that in
icaufesof necefli^yinay belawfuly granted without offending of the
holy fcripfures and l^ws of God ; (3) but that from henceforth
^very fuch licence^ difpenfation, compofition, faculty, grant,
refcript, delegacy, inftrument and other writing afore named
and mentioned^ neceflary fpr your Highnefe, your heirs and
fucceflbrS| and your and diieir people and fubjeAs, upon the
due examio^ons of the caufes and qualities of the perfons pro-
curing filch difpenfations, licences, compofitions, faculties,
granp^ refcripfi, deleggcies^ inftruments or other writings,
fbali pe grante4» had or obtained, from time to time, within
this^your rqdm, and other dominions, and not eirewhere, (4) The arch-
^ manner and form following, and none otherwife^ that is biftop of Cam-
to fay, the archbiihop of Canterbury for the time being, and terbury may
his %ccflbrs, (hall have power and authority, from time to f^^l^^l^^^
time; by their difcretions, to give, grant and difpofe, by K.ing^
an inftrument und^r the feal oT the faid archbifliop, unto Vaughan 18,
.your Majefty, and to your hjpirs and fucceflbrs. Kings of thi» '';J°' V' •
r^m, as well all wanner fuch licences, difpenfations, ^^m- j^- ^*"*"*
pofitions, finalities, grants, refcripts, delegacies^ inftruments and
all oAer writings, for caufes not being contrary or repugnant
to the holy fcriptures and laws of God, as heretofore hath been
ufed and accuftomed to be had and obtained by vour Highnefs,
or ^ny your moft noble progenitors, or any o( your or their
fohjcds, at the fipc of R^miy or any pcrfop or p^rlbns by au-
U 3 thority
294 Anno viccfimo quintx) Henrici VTII. (»53 J-
thority of the fiwnci (5) and all other licences, dijjcnfations,
faculties, compofitions, grants, refcripts, deleeaaes, iliftni*
mentSy and other writings, in, for and upon sul fuciicaufes
and ipatters as (hall be convement and necei&ry to be had, for
the honour and furety of your Highnefs, your heirs and fiic-
ceflbrs, and the wealth and profit of thisyour realm ; (6) fo that
the faid archbifhop or any of his fucceflors, in no manner wife
fhall grant any difpcnfation, licence, refcript, or any other writ-
\T\g afore rehearfed, for any caufe or matter repugnant to the law
ofAlmighty iGod.
The arch- IV. Be it alfo enaftcd by authority aforefaid, That the &id
Hfliopof Can- archbiihop and his fucceAbrs, after good a^d due exanrination,
terbunr n^r jjy them had, of the caufes and qualities of the perfons procur-
S*th\n« ^^8 ^^' licences, difpcnfations, compofitions, faculties^ .delc-
wdoted to be gacies, refcripts, inftruments or other writings, (hall have full
licnifed. power and authority by themfelves, or by their fufficicnt and
Co.pl.f. 51a. fubftantial commiflary or deputy, by their difcretions, from
&^59«*^' ^^ ^™^ ^° ^™^' to grant and dilpofe, by an inftrument under the
name and feal of the faid archbifhop, as well to any of your
fubjcdts, as to the fubjcAs of vour h^irsand fucceflbrs, all
manner licences, difpenlations, faculties, compofitions, delega*
cies, refcripts, inftrum^ents, or other writings, for any fuch
caufe or matter, whereof heretofore fuch licences, difpenlations,
compofitions, faculties, delegacies, refcripts, infltiiments or
writings, have been accuftomed to be had at the fee of Homy
or by the authority thereof, or of any prelate of this realm.
Difpen&dons y. And that the faid archbifhop and his - commilTary, (haH
to caufcs un- not grant any other licence, difpcnfation, compofition, facul-
HanMA^ ^' writing, or inftrument^ in cafes i^nwont, ai>d not accuf-
iiot be grant- ^9!^ed to be had or obtained at the court of Rome^ nor by
edwithoutthe authority thereof, nor by any prelate of this realm, until your
upprobation Grace, your heirs and mcccflbrs, pr your or their council ftiaH
pf t^c King or grft be advertifed thereof, ai)d determine whether fuch licences,
fifs cpunc . difpenfations, compofitions, faculties, or other writings in fuch
cafes unwont and not accu^otped to b^ difpenfed withal, or
obtained, (hall comtnonly pafs as other cjifppnfations, faculties,
or other writings, (hall or no, (2) upon pain that the grantors
of every fuch licence, difpcnfation, or writing, in fuch. cafes
unwont, contrary to this a<ft, (hall make fine at the will and
pleafure of your Grace, your heirs and fucceflbrs ; (3) and if it
be thought and determined by your Grace, your heirs or fuc-
celTors, or your or their council, that difpenfations, faculties^
licences, or other writings, in any fuch caufe unwont, (hall
pafs, then the faid archbifnop or his commiflary, having li-
cence of your Highnefs, your heirs or fuccefifors for the (ame.
Licence of ^y your or their bill afligned, fhall difpenfe with them accordingly.
things where- VI. Provided always, That no manner of difpenfations, li-
©t the tax ex- ccnces, faculties, or other refcripts or writings hereafter to be
^!aU V^ *^* granted to any perfon or perfons, by virtue or authority of this
ii*rmed*by"hc *^> ^y *^^ ^^'^ archbifhop Or his commifTary being of fuch im-
King s great portance, that the tax of tho expedition thereof at Romi extend-
^i^^' .M. ^^ ^^ ^'^^ *""^ ^^ four" pounds or above, (hall in anv wife be
Cro.tliz.540. *^ - put
X533*] Anno vicefimo quinto Henrici VIIL 2^5
put in execution, till the fame licence, difpenfation, faculty,
refcript, or other Mfriting, of what name or nature foever it be
of, 'be firft confirmed by your Highnefs, your heirs or fuccef-
iofs. Kings of this realm, under Uie great feal, and enrolled
in your chancery in a roll, by a derk to 1>e appointed for jthe
lame ; (2) and that this zA (hall be a fufficient warrant to the
chanocllor of England for the time being, or to him whom your
Grace, your heirs or fucceflbrs, (hall depute to be keeper of the
great f«il, to confirm in your name, vour heirs or fucce(rors,
the fonefaid writings, pafled under the (aid archbi(hop's (eal, by
letters patents, in due form thereof to be made under your
great fed, remitting as well the (aid writing under the archbi-
2iop*s feal, as the faid confirmation under the great feal, to the
parties from time to time procuring for the (ame; (3) and that what difpen*
all fuch licences, difpenfations, faculties, and other refcripts(ktions]nayHe
and writings, forlhe expedition of the which the faid taxes to be granted bytk^
paid at Jtomif was under iv. li. which be matters of no great im- *^}|^|{J^
portance, (hall pa6 only by the archbi(hop's feal, and (hall not King*s con-
€^ any neceffity be confirmed by the ^eat feal, unlels the pro- fimation^
curers of (uch licence, faculty or dupenfation, defire to have
them fo confirmed ; (4) in which cafe they (hall pay for the
laid great feal, to the ufe of your Highnefs, your heirs and
Aicceibrs, v. s; fterling, and not above, over and befides fuch
taxes as (hall be hereafter limited for the making, writing, regt-
ftring, confirming and inroUing of fuch licences, confirmations,
and writings undar the fiud tax of iv. lu
VII. Am that every fuch licence, difpenfatton, compofi* All a^ done
tion, faculty, rtfcript and writing, of what name or nature by virtue of
fecver it be, fiur.fiich cau(es as the tax Mras wont to be iv. li. ^r^J^^ji***
or above, fo granted by the archbifliop, and confirmed under ficences
the ^eat feal, aikd all other licences, difpen(atioos, faculties, ihall be good
refcnpts, and writings hereafter to be granted by the archbi- and of force
Ihop by virtue and authority of this aft, whereuntothe great ^^^^^'^
feal is not limited of neceflity to be put to, by reafon that
the tax of them is under iv. li. (hall be accepted, approved,
allowed, and admitted ^d and effeAual in the law, in all
places, courts and jurifdidtions, as well fpiritual as temporal,
within this realm, and ellewhere within your dominions, and
as beneficial to the perfons obtaining the fame, as they (hould
have been if they had been obtained^ with all things requifite^
of the (ee of Rmiy or of any other perfon by authority there-
of, without any revocation or repeal hereafter to be bad of any
fuch licences, difpen&tions, faculties, refcripts or writings, of
what nature foever they be.
VIII. And that all children procreated after folemnization of Licences to
any marriages to be had or done by virtue of fuch licences or "J^HT' *?^
di(penfations, (hall be admitted, reputed, and taken leritimate ^^'*^^^^^^^
in all courts, as well fpiritual as temporal, and in all oth^ jnardages.
places, and inherit the mheritance of their parents and ancef* 15 H, s. c. sa.
tors within this your realm, and all other your dominions, ac- ^4-
<:ordirig to the laws and cuftoms of t^c feme ; {%) and all ads ^^°- *♦«•
. U+ to
f^$ . Anno viceGmo qaioto Hbnrici VIII. [1533.
to be done, had or executed according to the tenor of (iich li*
cences, difpenfations, faculties, writings^ or other inftnimeDts,
to be made or granted by authority of this a6^, (hall be finn,
permanent, and remain in force ; any foreign laws, conftitu-
tioQs, decrees, canons, decretals, inhibitions, ufe, cuftom,
prefcription^ or any other thing had, or hereafter to be made
to the contrary notwithftanding.
A ckrk to re- IX. And be it further enadrf. That the faid archbifliop and
giftcr difpcn- j^g fucceflbrs, fhall have pjower and authority to ordain, make,
plSn"tti*by the *™* conftitute a clerk, which fliall write and regifter every fuch
archbilhop, licence, difpenfation, facuky, writing, or other inftrumentto
be granted by the faid archbifliop, and (hall find parchment,
wax, and filken laces, convenient for the fame, and (hall take
for his pains fuch fums of money as (haU be hereafter in this
A clerk af- prefent aft to him limited in that behalf for the fame ; (2) and
^^to Vrk^e ^^^^ litewife your Grace, your heirs and fucceflbrs, (hall by
coo£m4tlop«. y^^^ letters patents, under your great feal, ordain, depute and
\ conftitute one fufficient clerk, bemg learned in the coune of the
chancery, which (hajl always be attendant upon the lord chan-
cellor, or the lord keeper of the great feal, for the time being, aiui
(hall make, write and inroll 3ic confirmations of all fiidi li-
cences, difpenfations, in(faiunents or other writing as (hall be
thither brought under the archbi(hop's feal, there to be con-
firmed and enrolled ; and (hall alfo intitle in his books, and
inroll of record, fuch other writings as (hall thither be brought
under the archbi(hop*8 ieal, not to be confirmed, taking fo;
his pains fqch reafonable fums of mon^ as hereafter by this
ad to him (hall be limited for the fame ; (3) and that as well
the faid clerk appointed by the faid archbi(hop, is the [sad clerk
to be appointed by your Highne(s, your heirs or fucceflbrs,
(hall fubfcribe their names to every fuch licence, difpcnfa-
tior^, faculty, or other writing that (hall come to tbdr bands to
be written made, granted, iealed, confirmed, re^ftered, and
inrolled by authority of this jwft, in form as is before rc-
hearfed.
The charges X. Andforafmuch as the chargn of obtmning tbefaii UcemiSi £/"
qualifiw} penfatiom\ fafuUiis^ and pther refcnpts cr writings (rferniameii «^
which had ^^^ ^f^^t ^/ Rome, by thi kffis and esccbangis^ and in toniu&mp
fpentinob. ^rrors^ and mging foUidtm U fui for any fucb ticmis^ difpenf^'
taining dif- ^^^h faculties^ inftrumenis^ and other nfcripts or writings^ Aw^'*
tocnfatiotisand grievous and excejjive to your people^ and mam times gnatir junti
Jicencct from f^p^ been demanded for thefpeedy expedition tn the court of Rome,
*^'"** than be exprejfed in {he old tax United to he paid for thefasd exptii-
tions^ whereby your people hath been brought to an incertmnty ttp^
the payment for expeditions of fuch things^ and by reafon thertpfhave
been conjirained to pay imto toon they were wont to do^ to the gr tat
impoverijbing of this realm^ as is^/orefaid: (2) end fomitims tbt
fpeeding of fuch difpenfations^ faculties^ licences and other wriUnV
at Rome hath heenfo long deferred^ that the parties labouring }f
the fame hax;e fuffered great incommodities and lofsfor lack ofq^^t
fpeedy which hereafter may be bad witbn thif your realnty ^^ '*'
^53^'] Anno ^ccfimo quinto Henrici VIII. 297
great commodity of your people^ tOhereby the charges of making eX'
€bangesy conducing of currors and follicitorSj for the faid difpenfa-
titmsy jhaU be abated^ and your people fo much relieved and eafed\ to
the intent that aU ambiguity^ and uncertainty of payments for dypenfa-
ticnsy faculties^ licences y and other refcripts and writingSy md^ be
taken away^ that m fraud or exa&ion Jball be exercifed upon your
peopky by fucb officers asJbaU be appointed by this a£ij to take pains
in fpeeding fueh difpenfations^ faculties and licences^ but that your
ptople may be fure ana certain what they b( appointed to pay for the
fame:
XI. Be it enafted by this prefent parliament, and by the au- Two books
thority of the fame. That there (haU be two books drawn and fhalt be made
made of one tenor, in which (hall be contained the taxes of all «^^>ercin tbd
cuftomable difpenfations, faculties, licences and other writings pen^tions
wont to be fped at Rome^ which books, and cveiy leaf of thofe ihall be writ-
books, and both fides of every leaf, fhall be fuhnribed by the ten.
^archYAiho^ci Canterbury y the lord chancellor of England, the
lord treafurer of England^ and the two chief juftices of both
benches for the tinie being ; to the which books all fuitors for *
difpen&tions, faculties, licences, and other writings afore re-
hdirfed, fliall have recourfe if they require it; (2) and one of
the (aid books fhall remain in the hands of him which ihall be
appointed to be regUler and fcribe of the faid difpenfations, fa-
culties and licences, under the faid archbifhop of Canterbury^
in form as is before&id ; (3} and the other book (hall remain
with the clerk .of tlie chancery, which by your Grace^ your
heirs or fueoeilbrs flnll be appointed, as is before rch«irfed;
(4) which clerk of t hechancery (hall alfo intitle, and note par-
ticularly and daily, in his book ordained for that purpofe, the
number and qualities of the difpenfations, faculties, licences,
and other refcripts and writings, which ihall be fealed only
with the feal or the fiud archbi(hop, and alfo which (hdll be
fealed with the faidfeal, and confirmed with the great feal, in
form as is befone faid, that all fraud and concealment in this
behalf may be aroid^.
XII4 And be it ena<fted by this preient parliament; and by The feet of
the authority of the fame, Tliat no man fuing for difpenfations, difpcnrationt,
faculties, licences, or 6ther refcripts or writings, tvhich were faculties, H-
wont to be fped at Rontt^ (hall pay any more for their difpenfa- ^^^^^^ ^^
tions, licences or refcripts, than (hall be contained, taxed and
limited in the faid duplicate books of taxes, only compofitions
excepted, of which beine arbitrary, -no tax can be made, where-
fore the tax thereof (hall be fet and limited by the diicretion of
the faid archbi(hop of Canterburyy and the lord chancellor of
Englandj or the lord 'keeper of the great feal for the time being ;
(2) and that fuch 9s ftiall exad or receive of any fuiter more for xhc penaltv^
any difpenfation, faculty, or licence, than (hall be contained of extortioa
in the laid books of taxes, (hall forfeit ten times fo much as he in ofEcers.
Aiail (b extortioufly exa^t and receive ; the one half of the which
forfeiture to be to the ufc of your Grace, your heirs or fue-
oeilbrs^ and thp other half thereof to be to fuch of your fub-
jcds
Z^t Anno vioefimo quinto Henrici VIII. [1533.
jefis as will fue for the fame by adion^ bill or plaint in any of
your Grace's courts^ wherein tne ddendant (hall have none ef*
foin nor proteftion allowed, ndtfaer (hall be admitted to wage
his law.
XIII. Be it alfo enaAed by this parliament, and hf authority
cf the fame, That the tax or fum appointed to be paid for every
fuch difpenlation, licence^ faculty, inftrument, refcript, or
other writing to be granted by authority of this adt, (hall be
employed and ordered^ as herder enfueth : that is to fay, if
Hew die tax the tax extend to iv.li. or above, by reafon wherecrf' the dif-
fer every djf- pen(ation, licence, faculty, refcript or writing, which (hall pals
SSy^^cr °y *^ ^4 archbUhop's feal, muft be confirmed by the appen-
wri^ng, (hall fion of this great feal, then the faid tax fo extending to iv.li.
bcidivided. or above, (hall be divided into three parts, whereof two ihall
be perceived by the faid clerk of the chancery (to be appointed
as is aforefaid) to the ufe of your HighneTs^ your heirs and
fucceflbrs, and to the ufe of the Iprd chancellor, or the keeper
of the great feal for the time being, and to the ufe of the laid
clerk, in fuch wife as (hall hereafter be declared ; (2) and that
the third part (hall be taiken by the faid clerk of the ardiht/bop,
f o the ufe of the fame archbi(hop and his commidary, and his
£dd clerk and regifter, in fuch wife as (hall hereafter be order*
ed and limited by this ad ; that is to fay« the fitid two parts
fiuVL be divided into four parts, of which three patu (hall be
lUken to the only u(e of your Highnefs, your heirs and fucccf-
A>re» (2) and the fourth part (hafi be divided into three parts,
whereof the chancellor ot Enghmiy or lord keeper of the great
feal for the time being, (hall have two parts, and the faid clerk
of the chancery the third part for his pains, travel and^abours
.that he is limited to write and do by virtue of this aA ; (4) ^^
the faid ^ird part of the whole tax appointed to the fiid arch*
bifhop, and his officers, (as is afbrelaid) (hall be divided into
three parts, whereof the archbi(hop (hall have to his ufe t«o
parts, and his officers (hall have the third part therpof ; (5)<'^
which third part to be divided into two parts, the &id derk
or regifter, which (hall find panehment, wax and filk, and (ball
devi(e and write the faid difpenfations, licences, faculties, ^
(cripu or other writings, and regifter the fame, (hall have tor
bis faid labour, ^d for receiving arul repaying of the fums of
money that (hall come to his hands for cUfpentations, faculties,
licences and other refcripts aiore(aid, the one moiety therwi,
(6) and the commi(rary of the faid aiichbi(hop appointed to feal
the faid difpenfations, faculties, licences, and other refcnprs,
(hall have the other part.
If the tax be XIV. And if the tax be under iv»li, and not under xl.s*
under jv.li. then the faid tax (hall be divided into three parts, as is aforc-
Md^not under fjjij^ whereof the King's highnefs, his heirs and fucccflbn,
(hall have two parts thereof, abating iii.s. iv.d. which (hall be
to the faid clerk of the chancery for fubfcribing, intituling and
iprolling the faid difpenfations, licences, faculties, rcfcrip»?
aijd other writings ;»torcfaid, and receiving of the Kings mo-
ney
I
*533-] Anno viccfimo quinto HENRicr Vlll. a^
ney fo taxed ; (2) and the archbifliop and his officers (hall have
the tiiird part, which third part (hall be divided into two parts, '
whereof the archbi(hop (hall have the one entirely to himfelf,
his fcribe and commiflary (hall have the other part thereof,
equally to be divided amongft them for their cofts and pains
in that behalf; (3) and if the tax be under xl.s. and not under If the tax b«
xxvi.s. viii.d. the fame tax (hall be divided into two parts, ^in^crxl-'*
-whereof the one part Ihall be to your Grace, your heirs and ^-^^^^^
fuccedbrs^ dedudting thereof ii. s. lor the clerk of the chancery ' ' ^* '
for his paios, as is aforcfaid ; (4) and the other part (hall be
to the fald archbi(hop and his officers, which other part (hall
be divided into two parts, whereof the archbi(hop (hall have
the one, and his commiflary and fcribe (hall have the other,
equally divided amongft them; (5) and if the tax be under If the tax be
xxvi. s^ viii. d. |ind not under xx. $. the fame (hall be divided "J??***" xxvi.s.
into two parts, whereof your Grace, your heirs and fucceflbrs ^^^ xx?t!***
fhall have one part ei^rely, abating ii. s. thereof to the fajd
clerk of the chancery; (6) and the archbilhop and his officers
ihall have the other part, and the fame other part (hall be divided
into three parts, whereof the archbi(hop (hall have one, his
commiflary the fecond, and his fcribe or regifter the third ; (7}
and in cafe the tax be under xx. s. the fame (hall be perceived
to the ufe of the faid commi(rary, clerk of the faid archbifhop,*
and clerk of the chancery, to be equally divided amongft them
for their pains and labours by them to be fuftained, by authority
of this ad, as aforefaid.
XV. Provided always. That this a<5l (hall not be prejudicial Dirpenfattons
to the archbifhop of lori^ or to any bi(hop or prelate of this by o^c^^ F«-
realm; but that they may lawfully (notwithftanding this aA)***^
'difpenfe in all cafes in which they w^re wont to difpenfe by the
common law or cuftom of this realm afore the making 0/ this
aa. -'
XVL Provided alfo, and be it enacted by the authority afore- Difpeniatioii
faid. That if ft happen the fee of the archl>i(hoprick of Canter- *>y the goardi-
h^ry to be void, that then all fuch manner of licences, difpen- JJJjj/^**^
fations, faculties, in(h'uments, refcripts and odier writings; *
which may be granted by virtue and authority of this ad, (hall
(during the vacation of the fame fee) be had, done and granted
under the name and feaJ of the guardian of the fpiritualties of
the faid archbi(hoprick for the time beine, according to the
tenor and form of this ad, and (hall be of Tike force, value and
e(red, as if they had been granted iinder the name and feal of
the archbi(hop for the time being.
XVIL And be it further ena<fted. That if the forcfaid arch- A remedy
bi(hop of Cafiterbury for the time being, or the faid guardian of J^^'fj^* ^
the fpiritualtres for the time being, hereafter rcfiife or deny to guarxIUn'of
grant any licences, difpenfations, faculties, inftruments, or other uie ibiritua)*?
writings, which they be authorifed to do by virtue and authority of tics deny to
this aS, in fuch manner and form as is afore rcmembrcd, to any K^"n/*u^"^
perfon or pcrfons that ought, upon a'godd, juft and reafonaM^ ^^^ ^^^
caufc, to have the fame, by rcalbp vyhcrejf this prcfent ad, bv
• ii:cir
goo Anno vicefimo quinto Henrici VIIL [ ^ 53S«
their wilfulnef8, n^ecnce or default^ (hould take no cScA ;
then the chancellor otEngbndy or the lord keeper of the great
feal for the time being, upon any. complaint thereof m^e, (hall
dired the King's writ to the faid archbithop or guardian deny*
ing or refufing to ^rant fuch licences, difpenfations, faculties or
other writings, enjoining him by the faid writ, upon a certain
pain therein to be limits by the difcrction of the faid chancellcy
or keqper of the ^reat feal, that he (hall in due form grant fuch
licence, difpenfation, Acuity or other writing, according to the
requeft of the procurers of the fame, or clfc (igni^ unto your
Highnefs, your heirs or fuccelTors, in the court of chancery at a
certain day, for what occa(ioi> or caufe he refufed and demed to
grant fuch licences, faculties ordifpen(ations ; (2) and if it (hall
appear to the faid chancellor or lord keeper of the great feal,
upon fuch certificate, that the caufe of refufal or deni^ of gr^«
ing fuch licences, faculty or difpenfation was reafonable, juft
tmd good, that then it 10 being proved by due fearch and ex-
amination of the faid chancellor, or lord keeper of the great
feal, to be admitted and allowed. (3) And if it (hall af^>ear
upon the (aid certificate, that the faid archbi(hop or guardian of
the fpiritualties for the time being, of wilfulnefs in contenming
the due execution of this a6l, without a juft and reafonable caufe,
refufed or denied to grant fuch licence, faculty or difpenfatbn,
that then your Highnefs, your heirs or fucce(fors, being thereof
informed, after due examination had, that fuch licences, facul-
ties or difpenfations, may be granted without offending the holy
fcriptures and laws of God, (hall have power and authorinr in
every fuch cafe, for the default, negligence and wilfulnefs of^the
faid archfoi(hop or guardian, to (end your writ of injun<9ion
imder your great feal, out of your faid court of chancery, com«
manding the archbi(hop or guardian that (hall (b deny or rduCe
to grant fuch licence, faculty or difpenfation, to make fuffident
grant thereof, ncccM-ding to the tenor and effect of this act, by a
certain d^y, s|nd imder a certain pain in the faid writ to be con«
tained, and to be limited by your Highnefs, your heirs or fuc-
ceflbrs, Kines of this realm. (4) And if the laid archbifhop ox
guardian, after the receipt of the faid writ, refufe or deny to
grant fiich licences, faculties or difpenfations, as (hall be enjoin*
ed him b^ virtue of the faid writ, and (hew and prove before
your Majefty, your heirs or fucceflbrs, no juft or reafonable
caufe why he (hould do fo; then the faid archbi(hop or guardian
that (hall fo refufe to put this act m execution according to the
faid writ of injunction, (hall fuffer, lofe and forfeit to your High-
nefs, your heirs and fucceflbrs, fuch pain and penalty as (hall be
Jimited end exprefled in the faid writ of injundlion. (5} And
ov^ that, it (ball be lawful to your Highnefs, your heirs and
fucceflbrs, for every fuch default and wilfulnefs of the faid arch-
bifliop or guardian for the time being, to give power and autho-
rity, by commilSon under your great feal, to two fuch fpiritual
prelates or perfons to be named by your Highnefs, your heirs or
iU£cc()br$, »s win do and grant fuch licences, faculties and dif-
penfa-
1 5 3 3 • ] Anno vicefimo quinto Henrici VIIL 30 z
penfations, refufed or denied to be granted by the laid arcb»
biihop or guardian in contempt of tHis a£t.
X VIIL And be it further enaAed by authority aforefaid^ That Dxfpen&tioiu
the faid twofpiritual prelates or perfons, to whom in fiich cafes any ^?"^^i3L^
fuch commiffion (hall be direAed, (hall have power and authority ^utw. *
to grant every fuch licence, fiiculty, difpenfation, inftrument and
other writings, fo refufed to be granted by the faid archbi(hop
or guardian for the time being by any inurnment under their
feals, taking like fees and charges for the fiime as is before re-*
hearfed, and not above, under the pains afore remembred. (2)
And that every fuch licence, faculty and difpenfation fo granted
for any cafes or matters, whereunto any confirmation under the
Kin^s great feal is appointed by^ this aA, to be had in manner
and form above declared, (hall be had and obtained accordingly.
(3) And fuch licences and confirmation (hall be had for like
fees and charges as they are above fpecified, and not above, un-
der the pains abovementioned. (4) And that every fuch licence,
faculty, dirpenfation and other writing, to be granted by the (aid
prelates orperfons to be affiled by the King's highnefs, his heirs
and fucceuors^ as is aforefaid, (hall be of as good value, (fa-ength
and efFedt, and as beneficial and profitable to the perfons pro*
curing the fame, as if they had been made, granted and obtain-
ed under the name and feal of the faid archbifhop.
XIX. Provided always, That this aift, nor any thing or The King and
things tfi^ein contain^, (hall be hereafter interpreted or ex- ^'^^ "*^ ^^
pounded, that your Grace, your nobles and fubjeds intend by JJ^™"from Oie
the (ame to decline or vary from the congregation of Chrift^ articles of the
church in any things concerning the very ^icles of the catho- catholick faith
lick faith of Chriftendom^ or in anv other things decland by 2^^*"^***^
holy fcripture and the word of Grod, neceflary for your and *"*•
their falvations, (2) but only to make an ordinance by policies
neceflary and convenient to reprefs vice, and for good conferva-
tion of this realm in peace, unity mA tranquillity, from ravin
and fpoil, infuing much the old antient cuftoms of this realm
in that behalf; not minding to feek for any relief, fuccours or
remedies for any worldly things and human laws, in any
cauie of neceflity, but within this realm at the hsmds of your
Highnefs, your heirs and fucceflbrs, Kings of this realm, which
have and ought to have an imperial power and authority in
the fame, and not obliged in any worldly caufes to any other
iuperior.
XX. Provided ah^y. That rfie faid archbi(hop of Cmiterbury^ The Km^by
or any other perfon or perfons, (hall have no power or au- GommUfioa
thority by reafen <rf this ad, to vifit or vex any monafteries, {"*^^w^u T.
abbeys, priories, colleges, hofpitals, houfes or other places re- Jj^p^ew ex-
ligious, which be or were exempt before the making of this a6^;' empt, and not
any thing in this aft to the contrary thereof notwrthftanding j thcarchbiihop
{7) but that redrefs, vifitation and confirmation (hall be had by ofCw>t^ri>tt"¥'
the King^s highnefs, his heirs and fucceflbrs. by commiiBon
-under the great fedy to be dire^ed to fuch perions as (hall be
ap-
go2 ' Anno ricefimo quinto Henrici VIII. [1533.
appointed requifite for the £lme, in fuch monafteries, colleges^
hofpitals priories, houfes and places religious exempt : (3} io
tiiat no vtfitation nor confirmation (hall from thenceforth be
had or made, in or at any fuch monafteries, coUeges^ hofpinls,
priories, houfes and places religious exempt by the faid biihop
of Rom^y nor by any of his authority, nor by any out of the
None (hall go King's dominions ; (4) nor that any perfon, religious or other,
forth of Eng- refiant in any the King's dominions, (hall from henceforth de*
hndtogene- p^^^ ^^^ of the King's dominions to or for anv vifitatioii, con-
rax couna s. gj.^jj^^ ^|. aflfembly for religion, but that all fuch vifitations,
congregations and aflemblies (hall be within the King's do-
minions.
This ad (hall XXI. Provided alfo. That this prefent aA^ or any thing there-
not derogate in contained, or any licence or difpenfation hereafter to be made
ftTt" ^ rf ^ virtue or authority thereof, (hall not extend to the repeal or
*i a 8. c. It. derogation of the late 2A made fith the beginning of this pre*
tottchingplu- fent parliament for reformation of pluralities of benefices, and
ralities of for non-refidences of fpiritual perfons upon their dignities or
*>"*^^ benefices, nor to any thing contained or mentioned in the (aid
n^-refidence, ^^.. ^^j ^^^ ^^^ ^^^^ ^^^ nor any thing to be done by authority
thereof, (hall not be taken, expound^ or interpreted to give
licence to any perfon or perfons to have any more number of
benefices than is limited in the faid ad ; (3) and that the &iDe
ttdt for pluralities and non-refidencies of benefices, and every
thing therein contained, (hall ftand good and effedhud in aU in-
tents, according to the true meaning thereof; any thing in this
prefen&a6t, or anyjicence or difpen»tion to be had by authority
thereof, in any wife notwitbftanding.
Thc^nalty XXII. And .be it further enaSed by authority aforefaid,
tor Aimg to That if any perfon or perfons, fubjed or refiant vrithin this
Rome ^ any ^^^^» ^^ within any of the King's dominions, at any time
licence, dif- hereafter fue to the court of Rome^ or the fee of Ramiy or to any
peniation, &c per(bn claiming to have his authority by the fame, (or any
or tor obey, licence, faculty, difpeiifation, or other thing or thin^ contrary
cefsfrom'^^ to this aA> or put in execution any licence. Faculty, difpenfation,
thcQcc. or any other thing or things hereafter to be obtained from Rffme^
or the fee of Rome^ or from any claiming authority by the fame,
for any of the caufes abovementioned in this a£t, or for any other
caufes that may be granted by authority of this a£t, or attempt, or
do any thing or things contrary to this aA, or maintain, allow, ad-
mit, or obey any manner of cenfures, excommunications, inter-
didions, or any other procefs firom Romej of what name or nature
foever it be, to the derogation or let of the execution of this a£t, or
of any thing or things to be done by reafon of the faid a^ ; that
then every luch perfon or perfons fo doing, o(Fending, and being
thereof convidt, their aiders, counfellors and abetters, (hall incur
.and run into the pain, lofs and penalty comprifed and fpecified
s6 R. z. €.5. in the aA of provifion and Pranmnire^ made in the fixteenth
year of your moft noble progenitor. King Richard the SeccMu),
ajpitift fuch as fue to the court of Ronkfi againftyour crown and
dignity royal.
XXIII. Pro-
<533*1 Anno vicefimo quinto Henrici VIII. 303
XXIII. Provided alway. That this ad, or any thing therein Gnmtt and
contained, (hall not hereafter be taken nor expounded to the ^^^^^
derogation or taking away of any grants,^ or confirmations of ^^^^^
any Sbenies, privileges, or jurifdiAion of any monafteries, ab- of Rome 10
beys, priories, or other houfcs, or places exempt, which hereto^- any abbey,
fore the making of this ad hath been obtained at the fee oiRffmi^ ^* f^ ^
or by authority thereof, but that every fuch grant and confir- ^^^*^^*
mation (hall be of the fan]ic value, force and effed, as they were were before;
before the making of this a£t, 'and as if this adt had never been
made. (2) Provided always^ That the abbots, priors, and other Abbies, &c.
chief fulers and governors of fuch monafteries, abbeys^ priories Audi pay no
and other houfes, and places exempt, (hall not hereafter pay any ^^^^^
penfioo, portion, or other cenfe to the fee of Romi ; (3) nor ad- Kdme, nor
mit or accept any vifitation, nor any confirmation from or by the accept any
laid fee of Rom^ or by authority thereof, of or for any perion to vifitation ar
be cleded, named, or prefentcd to be heads of any fuch mo- 5®"^*]!?!^'*
naftcries, abbeys, priories, places or houfes exempt ; nor (hall norfliallmake
make any corporal oath to the bi(hop of Rorm^ otherwife called an oath to the
the Pope, upon the pains limited in this adt: (4) but that everv biihop there-
fuch vifitation, and confirmation of fuch heads eleA in any fucn ^*
monafteries, abbeys, priories, houfes or places exempt, where
after their eledion they were bounden to have and obtain any
confirmation of their eledion, or of the perfon named, prefentea
or eleft, fliall be from henceforth had, made and done within this
realm, at and within every fuch abbeys, monafteries, priories*
and other houfes and places exempt, by fuch perfon and perfons
as (hall be appointed, by authori^ of the Kine's commilTiony
from time to time, as the cafe (hadl require, and not by the fee
of Rsme J nor bv authority thereof; any thing in this next provifo
above fpecifiea to the contrarythereof notwithftanding,
XXIV. Provided always. That in fuch monafteries^ abbeys, Monjifterieti
priories and houfes exempt, where after eiedion, prefentation or houiet» &c.
nomination of their heads, no fuch confirmation is requifi^e to wherenocon-
^ had, nor hath been u(ed to be taken by reafon of fuch privi- firmationit
leges as they have concerning the fame, tnat in every fuch mo- '**l'""*«
nsdleries, abbeys, priories and places exempt, they (hall not be
bounden to obtain, have or, take any confirmation for the fame
within this realm, by authority of this adt, but ufe their privi-
leges therein as they have done before the making of this z&i
any thing in this aa, or any the provilbes next above rehearfed»
to the contrary thereof notwithftanding.
XXV. Provided alfo and be it enaded, That this aA, or any ficencei and
thing or thines, word or words therein, or in the preamble there- difpenTations
of mentioned or contained, is not intended or meant, nor (hall obtuned at
be expounded nor interpreted, that anv difpenfations, licences R^^^Jfoye
or confirmations for marriages, granted to any the King's fub* March is,
jeAs born under his obey(ance, at anv time before the twelfth 1533. (hall be
day of March in the year of our Lord God 153 ?• (hall be ap^ ef the iame
paired, or dfany lefs value, ftrength, force or efied, than they J^^^
were at the laid twelfth day of March j (2) nor that this a£t, or ^, h. g^ ^ ^^
anv thing therein containeo, ftiall not extend to the derogation, f. nJ
appairing
304 Anno viccfimo quinto HSKRici Vlir. [ 1 533.
appalling or adnullation of any licences, difpenfations, confif'
mationsy faculties or indulgences at any time before the faid
twelfth day oi March in the year of our Lord God 1533. had or
obtained at, the fee tiS Rome^ or by authority thereof; to or for
any fubje6ts bom in this realm, or in any the King's dominions,
or to or for the hofpital of the prior of faint yobrfs Jerufakm in
England^ or any commandries or members thereof, or to or for
any other cathedral churches, hofpitals, monafteries, abbeys,
pnoriesy colleges, conventual churches, parochial churches^
chapels, fraternities, brotherheads or bodies politick within this
realm, or in any other the King's dominions; (3) but that every
fuch licence, difpenfation, confirmation, faculty and indulgence
granfed before the fiud xii day of March to any fuch ful]je^, or
to the faid hofpital of the prior of St. yobrCs Jerufakm in Eng^
land^ commandries or members thereof, or to any other cathe-
dral church, hofpital, monaftery, abbey, priory, coIleg;e, church
conventual, parochial church, chapel, fi-aternity, bromerhead or
body politiclc, or to their predecefibrs or anceftors within this
realm, or in any other the King^s dominions, fhall be of the
fame force, ilrength, value and ene6l, and may be from time to
time put in execution at all times hereafter, by and to them
that will ufe and have the fame, as they mieht have been afore
the making of this aA, and as if this aa had never been had ne
made ; any thing in the faid a(5t to the contrary hereof notwith-
' ftanding.
Hob. 146. XXVI. Provided always. That fuch licences, difpenfations,
confirmations or faculties ncretofore obtained at the fee of Ronu^
or by authority thereof, contrary to the cxprefs provifions of the
the laws and ftatutes of this realm heretofore made, fliall not
at any time hereafter be ufed or put in execution in any cafe,
to the derogation, or contrary to the faid laws and ftatutes of
this realm, and the provifions of the fame ; any thing in this
provifo to the contrary thereof notwithfhndin^.
The King XXVII. And be it enaded by authority ot this prefent par-
with the ad- liament, That the King our fovereign lord, by the advice ot his
vice of his honourable council, (hall have power and authority from time
reform the^ *^ ^vcity for the ordering, redrefs and reformation of all man-
mannrrof iii- ner of indulgences and privileges thereof within this realm, or
dulgehcet. within any the King's dominions, heretofore obtained at the
fee o(Rome^ or by authority thereof, and of the abufes of fuch
indulgences and privileges thereof, as (hall feem good, whole*-
ibme and reafonable for the honour of God and weal of his
people ; and that fuch order and redrefs as fhall be taken by his
Highnefs in that behalf, fhall be obferved and firmly kept upon
the pains limited in this adt for the offending of tlie contents of
the fame.
Repealed bv XXVIII. Provided alway, and be it en^dted by authority of
' ^* ^'/^ ^^^^ prefent parliament, That this prefcni aft, or any thing or
vivedWiEl ^^^^ therein contained, fhall not begin to take efFe6t nor be
c. I, ^ ' put m execution till the feaft of the nativity of St. John Baptifi
next coming, except the King's majefly, on this iide the faid
z feaii,
1 533-] * . Anno vJcefimo quinto Henrici VIII. 305
feaft, by his letters patents under his great feal to be inrolled ih
the parliament roll of this prefent parliament, do declare and
exprefs, that it is his pleafure that it (liall begin and take tffcdt
at anv time afore the faid feaft ; and if his Highnefs happen fo to
do, tnat theni immediately after fuch declaration of his pleafure
by his faid letters patents in form aforefaid, this. faid adt (hall
begin and be put in execution afore the faid feaft, according to
his faid pleafure fo to be declared by his faid letters patents ;
any thing in this.provifo to the contrary hereof notwithftand-
XXIX. And be it further ena(5lcd by authority aforefaid.
That the King's majefty at all times on this fide the faid feaft
fhall have full power and authority, by his letters patents under
his great feal to be inrolled in the pariiameiit roll of this prefent
parliament, to abrogate, adnull and utterly repeal and make
void this act and every thing and things therein contained, or
elfe as much and fuch part thereof as mall be declared and 11-^
mited on this fide the faid feaft by his letters patents to be void
and repealed ; and that all fuch repeal and adnullation fo to*be
made in form aforefaid by his Highnefs on this fide the faid feaft,
ihall be as good and effedVual as though it had been done and
had by authority of parliament ; any thing or things contained
in this prefent aft to the contrary hereof notwithftanding; and
if no fuch repeal be had or made by the King's majefty on this
fide the faid reaft, in form as is afore rehearfed, that then the
faid aA, or as much and fuch part thereof as ftiall not be repeal-
ed on this fide the faid feaft, {hall immediately after the faid feaft
ftand firm, good and eftedhial, and from thenceforth be put in
due execution according to the tenor thereof; any thing m this
a<ft or in any the provifions aforefaid to the contrary hereof
notwithftanding.
CAP. XXII.
jfn aS concerning the King^sfucceffion.
IN their mofl bumble wife Jhewn unto your Majejfj your nroji T?!,^"^.^*?**
humble and obedient Jubjem^ the lords fpiritual and temporal and majefty ia the
the commons in this prefent parliament ajfembled^ ^That fince it is the imperial
natural inclination of every man^ gladfy and willingly to provide, for crown.
thefwrety of both his title and fucceffion^ although it touch only hispri- Su^^'^ '**
vate caufcy we therefore,^ moft rightful and dreadful fovereign Lordy ^ ^^ j/ ' *^**'
rechnourfelves much more i:und to befeech and inflant your Highnefs
(although we doubt not of your princely heart and wifdom^ mixed with
a natural a^^ion to the fame) toforefee and provide for the perfe^
furety of bothy ou^ and of your mofl lawful fuccejfwn and heirs, upon
which dependeth all our joy and wealthy in whom alfo is united and knrt
the only mere true inheritance and title ofthisrealm, wthout any contra-
di^icn\ {2) ivhereforewe your faid mofl humble and obedient fuhje^Sy
in this prefent parliament affcmhled, calling to our remenibrance the
great dwinons which tn times pafl have been in this realm, by reafcn
of feveral titles pretended to the imperial crown ofthefmie, wl-ich
fsmetimes, and for the moRpart enfued^ by occajion of ambiguity and
Vol. IV, X ' d:ub:sy
3o6 Anno viceliino quinto Henrici VIIL [r 53 j.
dcubtSj thm not f$ perfi^fy dechrtdy but that men mgbt upmfr^
ward intents^ expound them to every maris fmifter appetite and af-
feitiony after their fenfe^ centrarj to the right legality of the fucujfim
The ambigu- and pojierity of the lawful Kings and emper&rs of this realm ; (3)
ity of the whireof hath enfued great effufion and deJlruBion of man* s bloody as
fevcral titles weUo/a great number of the nobles^ as of other tbefubje^SfOnde/pedaCj
of this realm, »*^^^^ '« the fame j (4) and the greatejl cccafion thereof hath been
and the not ' becaufe no perfe^ and jubliantial provifton by law hath been made
cftabUfiiingof within this realm of it /elf when doubts and queftions have been
tbefucc^on fncved and proponedy cfthe certainty and legality of the fmceffion end
J«c!ir?ke pofltrity of the crown-, (5) by reafon whereof the bijbop ofRomCy
caufesofmuch and fee apoftoRciy contrary to the great and inviolable grants ofjurif^
uouble. di^ions given by God immediately to emperorSy kings and princesy in
fucccttion to their heirSy hath prefumed in times pafty to invefi who
fimd pleafe themy to inherit in other metfs hngdoms and domsmonSy
which thing we your moji humble fubje^Sy both fpiritual and temporaty
dp utterly abhor and deteft ; (6) and fometimes <aher foreipi prirues
and potentates offundry degreeSy mimung rather dijfenfum and difcord
to continue iu the reality to the utter dejfolation thereof, than dktrityy
equity or unity y have many times Jiijpported wrong titles , whereby they
might the more eaftly andfacily afpire to the fiiperiority of the fame ;
the continuance and fuffer once whereof dee^y confidered and panderedy
were too dangerous and perilous to be fuffered any longer within this
realmy and too much sentrary to the ttnityypeaee and tranquility of the
famey being greatly reproachableand difiononrable to the whole rMm:
II. In cmfideraiion whereof y your faid mojl humble and obedient
fidhje£fSy the nobles and commons of this realmy callir^ further to their
remembrance y that good unity y peace and wealth of this realmy and the
fucceffton of the fulness of the famey moJi e/pecioBy and principally
above all worUfy things conMeth and refieth in the certainty and
fwrety of the procreation anipofierity of your Ktghrufsy in wbojk m^
royal perfony at this prefent timoy is no manner rf doubt nor queflicn ;
do therefore mod humhly befeech your Highnefs, that it may
pleafe your Majefty, That it may t>e enadked by vour Highnefs,
with tne ai&nt of the lords fpiritual and temporal, and the coid>
moas, in this prefent parliament aflembled, and by the authority of
The marriage the fame. That the marriaee heretofore folemnized between
between the your Highncfs and the lady Catherine, being before the lawful
hd"^Kathes^ wife to prince Arthwy your elder brother, which by him was
r?nc (hall be carnally known, as dotn duly appear by fufficient proof in a
adjudged lawful procefs had and made before Thomasy by the fufFerance of
* void, and the God, now archbifhop of Canterbury and metropolitan and pri-
^wd!"^'^ mate of all this realm, (hall be, by authority of this prcfcru par-
^ liament, definitively^ clearly and abfolutely declared, deemed
and adjudged to be againft the laws of Almighty God, (2) and
aUaacceoted, reputed and taken of no value nor effedt, but ut-
terly voio and adnihiled,. and the feparation thereof, made by the
£iid archbifliop, fhall be good and eSedtual to all intents and
purpofc$ ; any licence, difpenfation or any other aft or afts go-
ing afore, or cnfuing th€ fame, or to the contrary thereof, in
any wife notwitWbuiding j -(jj and that every fuch licence, dif-
penfation,
I533-] Anno vicefimo quinto H^NRici VIII. 307
penfation, a(£t or aAs, thing or things heretofore had, made,
done, or to be done to the contrary thereof, fliall be void and of
none effc<ft 5 (4) and that the faid fcdy Katherine fhall be from The lady
henceforth called and reputed only dowager to prince Jrtpur^ and ^^^i^k""*ii*4
not queen of this realm ; (5) and that the lawful matrimony dowage/to
had and folcmnized between your Highnefs and your moft dear prince Ar-
and entirely beloved wife Queen Afine^ fhall be cftablifticd, and thur» and not
taken for undoubtful, true, fincere aad perfe<5l ever hereafter, QH?«n.
according to the juft judgment of the faid ThoTmSy archbifhop
of Canterbury^ metropolitan and primate of all this reajm, whole
grounds of judgment have been confirmed, as well by the whole
clergy of this realm in both the convocations, and by both the
univerfities thereof, as by the univerfities of Bffmmy, Padua, Parisy
Orleancfj Theloufey Angiexve and divers others, and alfo by the
private writings of many right excellent well learned men ; (6) The marriage
which grounds fo confirmed, and judgment of the faid arch- between the
bifhop enfuing the fame, together with your marriage folem- ^^."ng »"«* ht«
nized between your Highnefs and your faid lawful wife Queen JJ^'^^^ be'aken
Jnniy we your faid fubjeds, both fpiritual and temporal, do for good, and
purely, plainly, conftantly and firmly accept, approve and ratify confonant to
for good, and confonant to the laws of Almighty God, without ^<>d'8 Uw,'
error or default ; moft humbly beleeching vour Majefty, that it
may be fo eftaWifhed for ever by your moft gracious and royal
aflent. %
III. And furihermitrey fince many mconveniencies havefalkny as Marriage
Will within this realm as in others y by reafon of marrying within the within thcde-
degrees of marriage prohibited-by God's lawsy that is to fay y the fon F^^E*^^**
to marry the mother y or thefepmothery the brother the JtJleTy /*^g5?8Uw.
father his foffs daughter y or his daughter's daughter y or the fon to » Vcnt. n*
marry the daughter of his father procreate and born by his flepmothery 3« H. a, c. 38.
or the fon to marry his aunty being his father's or mother's finery or to
marry his uncles wifty or the father to marry his fon* s wtfey or the
brother to marry his brother* s wifPy or any man to marry his wife*s
daughtery or his wif^s fon*s daughtery or his wife^s daughter's
daughter y or his wij/s Jijler ; (2) which marriage Sy albeit they be
plainly prohibited and detefled by the laws ofGody yet nevertheUjs at
fometimes they have proceeded under colours of difpenfations by marCs
power y which is but ufurpedy and of right ought not to be grant ed^
admitted nor allowed i for no man^ of what e/latey degree or condi- No man hath
tion foever he bey hath power to difpenfe with God's lawSy as all the power to dif-
elergy of this realm in the faid convocaiionsy and the moft part of all ^^f^ "^^
the famous unruerftties of chrifendcmy and we alfoy do affirm and
think.
IV. Be it therefore enaded by the authority aforcfaid. That
no perfon or perfons, fubjedts or rcfiants of this realm, or in
any your dominions, of what eftate, dignity or degfee foever
they be, (hall from henceforth marry withm the faid degrees
afore rehearfed, what pretence foever fhall be made to the con-
trary thereof; (2} and in cafe any perfon or perfons, of what
eflate, dignity, degree or condition foever they be, hath been
heretofore married within this realm, or in any the King's
X % dominionSf
joS Anno vicefimo quinto Henrici VIII. [1533.
dominions, within any the degrees above exprefled, and by any
the archbiftiops, bilhops or miniftcrs of the church of England^
be feparate from the bonds of fuch unlawful marriage, that then
every fuch feparation Ihall be good, lawful, firm and permanent
for ever, and not by arty power, authority or means to be re-
voked or undone hereafter, and that the children proceeding and
procreate under fuch unlawful marriage, (hall not be lawml ne
legitimate ; any foreign laws, licences, difpeniations or other
thing or things to the contrary thereof notwithftanding.
Perfons here- V. And in cafe there be any peribn or perfons within this
totorc married ^^^[m^ or in any the King's dominions, already married within
degrees afore- ^ny the faid degrees above fpecified, and not yet feparate from
faiS ftiall be the bonds of luch unlawful marriage. That then every fuch
fcparated by^ pcrfon fo unlawfully married, (hall be feparate by the definitive
the ordinary*s fentencc and judgments of the archbiftiops, biftiops and other
Hob.'x48. minifters of the church of England^ and in other your do-
25 a. 8. c. 11. minions, within the limits of their jurifdidtions and authorities,
f. 8. n. I. and by none otlier power or authority; (2) and that all fenten-
ces and judgments given and to be given by any archbiftiop,
biftiop or other minifter of the church of England^ or in other
the King's dominions, within the limits of their jurifdi^ons
and authorities, ftiall be definitive, firm, good and eSecftual, to
all intents, and be obferved and obeyed, without fuing any pro-
vocations, appeals, prohibitions or other procefs from the court
oiRome^ to the derogation thereof, or contrary to the z& made
fince the beginning of this prefent parliament^ for reftraint of
. fuch provocations, appeals, prohibitions and other procefles.
AUthciffac VI. And alfo be it cnacfled by authority aforefaid. That all
procreate be- ^j^^ jfl-^g y^^^ j^^j procreate, or hereafter to be had and pro-
Ki^auid his create, between your Highnefs and your faid moft dear and en-
wife Q^ Anne tirely beloved wife Queen Anntj ftiall be your lawful children,
fhall be his and be inheritable, and inherit according to the courfe of inhe-
^wIa^ ritance and laws of this realm, the imperial crown of the (ame,
^ ^^^' with all dignities, honours, preheminences, prerogatives, au-
thorities and jurifdidions to the fame annexed or belonging, in
as large and ample manner as your Hiehnefs at this prefent time
hath the fame as King of this realm, tne inheritance thereof to
be and remain to your faid children and right heirs, in manner
and form as hereafter ftiall be declared.
The imperial VII. That is to fay, firft the faid imperial crown, and other the
hlind"&c. ill?' prcmiffes, ftiall be to yourMajefty,andto your heirs of your body
tiulcd. ' lawfully begotten ; that is to fay, to the hrft fon of , your body,
between your Highnefs and your faid lawful wife Queen ^«/y^ be-
gotten, and to the heirs of the body of the fame &A fon law-
fully begotten, and for default of fuch heirs, then to the fecond
fon of your bodv and of the body of the faid Queen Anne be-
gotten, and the heirs of the body of the faid fecond fon lawfully
begotten, and fo to every fon of your body and of the body of
the faid Queen Anfic begotten, and to the heirs of the body of
every fuch fon begotten, according to the courfe of inheritance
in that behalf) (2) and if it ftiall happen your faid dear and
entirely
1533-3 Anno vicefimo quinto Henrici VIII. 309
entirely beloved wife Queen Ame to deceafe without ifTue male
xn the body of vour Highnefs to be begotten, (which God de-
fend) then the (ame imperial crown, and all other the premifles,
to be to your Majefty, a$ is aforefaid, ^and to the (on and heir
male of your body lawfully begotten, and to the heirs of the
Ixxiy of the fame ion and heir male lawfully begotten ; and for
default of fuch ifluc, then to your feco.nd fon of your body law-
fully begotten, and to the heirs of the body of the fame fccond
fon lawnilly begotten, and fo from fon and heir male to fon and
heir male, and to tiie heirs of the feveral bodies of every fuch
fon and heir male to be begotten, according to the courfe of in-
heritance, in like manner and form as is abovefaid; (3) and The lady EH-
for default of fuch fons of your body begotten, and of the heirs '^^^\ *^|
of the feveral bodies of every fuch fons lawfully begotten, that male oRhe"
then the faid imp«ial crown, and other the premises, (hall be King and Q;^
to the iffue female between your Majefty and your faid mod dear Anne his
and entirely beloved wife Queen Anm begotten, that is to fay, ^**'
firft to the cldeft iflue female, which is the lady Elizabeth^ now
princefs, and to the heirs of her body lawfully begotten, and
tor default of fuch iffue, then to the fccond iffue female, and to
the heirs of her body lawfully begotten, and fo from iflue female
to iflue femak, and to the heirs o? their bodies one after another,
by courfe of inheritance, according to their ages, as the crown
<yi England hath been accuftomed, and ought to go, in cafes
^hen there be heirs females to the fame; and for default of
fuch iffue, then the faid imperial crown, and all other the
{>remifies, (hall be iit the right heirs of your Highnefs for ever.
VnL And be it further ena^d by authority aforefaid. That ^pj^j^ ^^ ^^
on this fide the firft day of May next coming, proclamation (hall be proclaimed
be made in all (hires within this r^2ilm, of the tenor and con- inallthefhir^
tents of this ad ; and if any perfon or perfons, of what eftate, ^^ England^
idignity or condition foever they be, fubjed or refiant within this
realm^ or elfewhere within any the King's dominions, after the
faid firft day of Mof^ by writing or imprinting, or by any ex-
"^rior a<5t or deed, malicioufly procure or do, or caufe to be pro-
cured dr done, any thing or things to the peril of your moft
royal perfon,' (2) or malicioufly give occafion by wrinng, print,
deed or a<5l, whereby your Highnefs might be difturbcd or in-
terrupted of the crown of this realm, (3) or by writing, print, The penalty
deed or a(St, procure or do, or caufe to be procured or done, fo*" j^H'^i^g
any thing or things to the prejudice, flander, difturbance or rfe- !|jj^^n"lif-
rogation of the faid lawful matrimony folemnized between your Curbing his'
Maje(ly and the faid Queen Jnne^ or to the peril, (lander or title to the
difherifon of any of the iffues and heirs of your Highnefs, be- crown,orflan-
ing limited by this adl to inherit and to be inheritable to the ^^^^^^
crown of this realm in fuch form as is aforefaid, whereby any "^*^"^ •
fuch iffues or heirs of your Highnefs might be deftroyed, difturb-
cd or interrupted in body or title of inheritance to the crown of
this realm, as to them is limited in this a<^ in form above re-
iiearfed ; (4) that then every fuch perfon and perfons, of what
^ft^tc, decree or condition they be of, fubje<5t or refiant with-
X3 m
310 Anno viccfimo quinto HsNUici VIIL [^533-
in this realm, and their aiders, counfellors, maintainers and
abettors, and every of theoi, for every, fuch offence (hall be ad-
judged high traitors, and every fuch offence (hall be a4judged
high treafon, and the offenders and their aiders, counfdlors,
maintainers and abettors, and every of them, being lawfully
convidt of fuch offence by prefentment, verdi^, confeflion or
Jirocefs, according to the ci^oms and laws of this realm, (hall
^ iiffer pains of death, as in cafes of high treafon j (5) and that
c» iLf. s. alfo every fuch offender, being convift as is aforefaid, (hall lofe
and forfeit to your Highnefs, and to your heirs. Kings of this
realm, all fuch manors, lands, tenements, rents,, annuities and
hereditainents, which they had in poil^on as owners, or were
fole feized of by or in any right, title or means, or any other
perfon or perfons had to their ufe, of any eftate of inheritance,
at the day of fuch treafoas and offences by them committed and
done I (6) and (hall alfo lofe and forfeit to your Highnefs, and
to your fald heirs, as well all manner fuch eftates of fipeebold
and interefts for years of lands and rents, as all their goods,
chattels and debts, which they had at the time of oonvi^on or
The rights of attainder of any fuch offence: (7} faving always to every per*
all others, ex- fon and perfons, and bodies politick, to dietr heirs, a(figns and
fi2d****(k^ed f^^^^*"^ ^^^ ^^^ ^ them, other than fuch perfons as fhaU
tcofXcntixvea, ^ ^^ convidk, and their heirs and fucce(S}rs, and all other claimr
in^ to their iifes, all fuch right, titlei ufe, intereft^ pofleffion, con^
dition, rents, fees, ofiices, annuities and commons, which they
or any of them (hall happen to have in, to or ujion any fiicft
manors, lands, tenements, rents, annuities or neteditamentSi
that (hall fo happen to be loft and forfeit by reafon of attainder
for any the treasons and offences above rehearfec^ fit any time
before the laid treafons and offences committed,
The penalty IX. And b« it further enadcd by authority aforefaid. That
Mv^thSo*^ if any perfon or per(bns after the faid lirft day of Mi^, hf any
the peril of words, without writing, or any exterior deed or a6l, inalicioufly
the kinsr, or and obftinatelv (hall puUi(h, divulge or utter any thing or thingi
theaander of to the peril ot your Highnefs, or to the (lander or pr^udice of '
or'to the d?(t* the faid matrimony C^lemnixcd between your Highnefs and the
herittnce of* '^i^ Queen Anm^ or to the flander and di(heri(bn of the ifluc
fait iifue. and heirs of your body begotten and to be begotten by the fiud
Queen Amii or any other yoMX lawful heirs, which (hall be in-
heritable to the crown of this realm, as is bdore limited by this
a(ft ; that then every fuch offence (hall be taken and ad[judged
for mifprifion of tr^fon ; (2) and that evert perfon and perfons,
of what eftate, degree or conditioQ Ibever the^ bb, fubjedt or re-
fiant within this r<ealm, or in any the K\xia^% dominionsi* io do*
ing and offending, and being thereof bwhiUy convtA by pre-
fentment, verdid, procefs or confeflion, (hall (ufficrimprilbnment
of their bodies at the King's will, an^ (hall lofe at^ weJI all their
|ood$, chattels and debts, as all fuch interefts and eOates of
freehold or f6r years, which any fuch offender (hall have of or
in any lands, rents or hereditaments whatfoever, at ^e time
of conviiftion and attainder of fuch offence.
X. And
1 53 3 • ] Anno vic^imo qukito Henrici VIII. 3 1 x
X. And be it alio ena<5ted by the authority aforefaid, That no An offender
perfon nor perfons ofFending in any of tlie treaibns and mifpri- J^* privjij*^^
fions contained and limited by this aA, (hall in any wife have or Q^fiaStiu^,
enjoy the privilegiK and immunity of any manner of fan^tuaries
within this realm, or elfewhere within any of the King's do*
siinions, but fliall utterly lofe and be excluded of the fame $
«ny u|e« cuftom, grant, prefcription, confirmation, or any other
thin^ or things to the contrary thereof in any wife notwith**
fianomg.
XL And be it alfe ena&d by authority aforefaid. That Who AaH
K your Majcfty (hould happen to deoeafe before any fudi your ^^^^^
iffiio and heir male which (hould inherit the crown ot this realm, tbrKing*t
fhall be of hifs age of eighteen years, or before fuch your iflVie anci heir ^
iflue and heir female which (houlo inherit the crowo of this daring iiun4»-
realni, fhaU be marrkd, or be of the age of fixteen years, which "^*
Afanighty God defend, that then your faid iflue and heir male
to the crown, fo being within the faid age of eighteen years,
or your faid ifliie and heir female to the crown, being unmar-
ried, or within the laid age of fixteen years, (hail be and re«
main unto fuch time as fuch ifliies and heirs (hall come to the
laid feveral ages afore limited, at and in the governance of their
natural motl^, ihe living, wkh fuch other counfellors of your
realm, as your Majefty in your life^time fliall depute and afliga
foy your will, or otherwife, for the &me, without contradidtioa
or any perfon or perfons to the contrary thereof.
Xn. And if any perfon and perfons by writing, or exterior
deed or ad, procure or do, or cauie t</ be procured or done
any thing or things to die let or difturbance of the fame ; that
then every fuch offence (hall be high treafon, and the ofienders
being thereof con vi A, (hall fuffer fuch pains of death and lofles
of iiuieritance, Arediolds, interefts for years, goods, chattels and
debts, in fuch manner and form as is above fpecified in cafes of
treafon i^e mentioned.
XIIL And for the more fure eftablifliment of the fuc* ^. .
ceflion rfyour moft itoyal Majefty, according to the tenor and fl^/bc^ra
form of this adt ; be it further ena&ed by authority aforefaid, to perform the
That as well all the fi<rf>le$ of your realm Spiritual and temporal, contents of
as all other your fubjefts now living and being, or which here- *^"j?^
after fhall be, at their full ages, by the commandment of your *^ **• ^' ^' *'
Majefty or of your heirs, at sul times hereafter from time to time,
when It (hall pleafe your Highnefs or your heirs to appoint,
(hall make a corpora] oath in the prefence of your Highnefs or
your heirs, or before fuch odiers as vour'Majefty or your heirs
will depute for the fame, that they mall truly, firmly and con«
ftantly, without fraud or guile, obferve, fuffU, maintain, de«
fend and keep, to their running, wit, and uttermofl of their
powers, the whole ttk&s and contents of this prefent ad^. (2)
And that all manner your fubje^ts, as well Spiritual as tem-
poral, fuing livery, reftitutions, or eu/ler It main out of the
hands of your Highnefs or of your heirs, or of doing any fealty to
your Hignnefs or to your heirs, by reafon of tenureof their lands,
X 4 ^ (hall
312 Anno vicefimo fexto Henhici VIU. [1534.
(hftli fwcar a like corporal oath, that they and ^ery of them
vrithout fraud or euUe, to their cunning, wit> anduttennoft
of their powers, Ihall truly, finnly and cpnftandy obferve,
fulfil, maintain, defend and keep the efFedb and contents con-
tained and fpecified in this a6t, or in any part thereof;
(3) and that they, nor any of them, (hall hereafter have any
liveries, tm/ier U mainSy or reftitutio^ out of your han,ds, nor
oiit of the hands of your heirs, till they have madjs the faid
corporal oath in form above rehearfed : and if any perfon or pcr-
fons, being commanded by authority of this a6t to make the faid
oath afore limited, obftinately refufe that to do, in contempt
pf this aft, that then every iuch perfon fo doing, to be taken
and accepted for offender in piifprifion of high tr^on ; and
The penalty that every fuch rcfufal (hall be deemed and adjudged mifprijion
of them which ^^f jjjgj^ treafon 5 and the offender therein to fuffer fuch pains
theoath.^ and imprifontnent, \o(ks and forfeitures, and alfo lofe privileges
pf fanduaries, in lijce manner and form as is above mentioned
for the mifprifions of treafons afore limited by this aA«
Marrlagcwith XIV, Provided always. That the article in this adk contain-
camal know- ed concerning prohibitions of marriages within the degrees aforc-
Icdgc. mentioned in this ad, (hall always betaken, interpreted and
expounded of fuch marriages, where marriages were iblf mnized
9nd carnal knowledge was had.
jStatutes made at Weftmtn/ier^ Anno 26 Hen. VIIL
iand Anno Dom. J 534.
ACTS made in tbefeffm of this prefent parliamnU ^<i^ ^
en prorogation at Weftminfter tjbe third day of NovembcF
in theftpc and twentieth year pf the reign iff our mojl dread fovereip
lord king Henry the Eighthy and there eontimud and kept till the
eighteenth day ^'December next enfmng^ to the bonoier ofGod^ ^^
for the common tpeal and profit of this his realm*
CAP. I.
The Kitig^s grace to be authorized ftipreme bead.
The King ALBEIT the King's fnqjejlyjuftly and rightfully is and w^^
iiiali He le- S\ to he the fttpr erne head of the cHurch 0/* England, and fa i^ ^^',
putcd fuprcme fognized by the clergy of this realm in their convocattonSy yet nevertM
thccluirch of fi^ corrobor ration and confirmation thereof and for inereafeofvirtui
England, and in ChriJTs religion zuithin this realm ^/England, and to repfffi^^^
conca all he- gxtirp all errors j herefiesy and other enormities and abufn heretoM
relics and of. ^fgfi in the fame: h^ it enaded by authority of thjs prefent parlia-
/cnces. mer)t. That the King pur fovereign lord, his heirs and fuc-
ceflbr^. Kings .of thjs realm, (hall be taken accepted and re-
puted the only fuprcme head in earth of the church pf i'^^''^*'^^
,C2\\^ Jfigiicana Ecckfia; (2) apdftiall have and enjoy, annexed
;ind united to the imperial crown of this realm, as vidltheW^
and ftilc thereof, as all honours, dignities, prebemincn^^^!
jurifdi<S''onsj
1 534.] Anno vicefimo fcxto Henrici VIII. 3 1 3
jurifdi^tions, privileges/ aufhoritics, immunities, profits and
commodities to the faid dignity of fupreme head of the fame
church belonging and appertaining ; (3) and that our faid fove-
reign lord, his heirs and fucceflbrs, Kinfes of this realm, (hall
have full power and authority from time to time to vifit, re-
prefe, redrefs, reform, order, CQrre<ft, reftrain and amend all
fuch errors, hercfies, abufes, offences, contempts and enor-
mities, whatfocvcr they be, which by any manner foiritual
authority or jurifdi<5lion ought or may lawfully be reformed,
repreflecl, ordered, redrcflcd, corre<5tcd, jeftrained or amended, j^^^^ .
moft to the pleafurc of Almighty God, the increafe of virtue in i&iph.&ivL
Chrift's religion, and for the confervation of the peace, unity c. 8. and rc-
and tranquility of this realm; any ufage, cuftom, foreign laws, ^^^<J^ *>/
foreign authority, prercription, or any other thing or things to ^ei^.'^ {''
the contrary hereof notwithftanding.
CAP. II.
The oath of obedience to the King and the heirs of his body be- «5 H. 8. c. j%»
gotten of Queen Jme. Any former oath made to be reputed *t pi?"Jij7*
vain and annihilate. The expofition of the oath, and who ^ g °**^'
have and (hall be bound to take it. Certificate (hall be made s'eus. c* i«
into the King> bench of the refiifers of the oath.
CAP. in.
The hill for the Jirjl-fruits^ with the yearly penfions to the
King.
FOralmuch as it «, and cf very duty ought to */, the natural in- SldicnT^^
clination of all good people^ like moji faithful loving and obedient fpiritual Ihall
fubfeSls^fincerely and willingly to defire toprovtde^ not only for the pub- be paid to the
licit weal of thiir native country^ out alfofor the fapportation^ main- King* &c.
iename and defence of the royal eflafe oj their mojl dread benign and vi^^iKi^
gracious fevereign lord^ upon whom^ and in whom dependeth alt their f^^^^^
jyy and wealthy in whom alfo is united and knit fo princely a heart and revived liyi
courage^ mixed tvith mercy ^ wifdomandjuJHce^ and alfo a natural affec- » Eliz. c. 4.
tion joined to the fame^ as by the greaty inejlimable and benevolent or- * ^"*^' ^ "•
guments thereof y being mojl bountifuhyy largely y and many times Jhrjoedy
mniflered and approved to%vards his loving and obedient fubJe^Sy hath
well appeared, which requireth a like correfpondence of gratitude to be
confidersdy according to their mofi bounden duties \ {%) wherefore his
faid bumble and obedient ful^eilSy as well the lords fpiritual and tempo-
raly as the commonSy in tiisprefenttarUament affernbledy calling to their
remembrance net only the manifold and innumerable ben^ts daily
adminijlered by his Highnefs to them ally and to the rejiduedfall other
bisfubje^s of this realm ; but alfo how long time his Majefly hath
moft vifforioufiyy by his high wifdam and policyy protect edy defended
and governed this his realmy and maintained his people andfubje^s of
the fame in tranquillity y peace y unityy quiefnefs and wealth; (3)
arJ alfo confsdering what great, exceffhe and ineftimable charges
his Highnefs hath heretofore been aty amlfujlained by the fpace of Jive
and twenty whole yearSy and afo daily Jujlainethy ffr the mainte-
nanccy tuition and defence of this his rcahny and his laving fubjefls
ofthefd^ej which cu*inot be fvftaiiud and him without fome honour-
fblf
3H Anno viccfimo fexto HbHRICI VIII. t*534*
Miprmfi9n and ramdj^ maj hi madi^ founi^ prMdei^td ardmed
for mmntitumci thertrfi 4$ tbenfort Mirf^ and mjl bunMf pro}^
tbatf$r thi monfuntj cfiontimamt aniaugmentaiim •fbU JUiglmfs
reyel eftati^ brinj mt Mjf now ri€$gnizid (as hi ahMffs indeed huh
heretcfoTi been) thi onfyMnnu head in earthy next^ and immediattlf
under God^ of the chgrof if Englznd^ hut alfo tbiir m^ affttred and
and undoubted natural foverdgn Uogo lord and ISng^ Saving th
whole govemanu^ tuition^ defeme and mmntoname of this his realm^
and mefi loving and obidiont fuhjeiis oftbifamt : it may therefore
be ordfaiaedand ena^ed by his Highnefs, end the kMs (piritual
and temporaJ, and rhe commons in this prefent parliament
ailembled, and by authority of the iarne, in manner and form
following :
TlieArft-fhikt IL That is to fay. That the King's highnefs, his heirs and
**e ^Srof**^ fucceflbrs, Kings ot this .realm, fliall have and enjoy from time
every^ritual *^ V"^^» ^^ endure for ever, of every fuch perfon and perfons
livingitmnt- which at any time after the firft day kA January ne^ct coming ihall
edMtbeKing. be nominated, deded, prcfeded, prefented, collated, or by any
f^^^^d^^ other means appointed, to haVe any archbiihopridc, biftioprick,
tionUtoSe' ^^^^^i monaftery, priory, collecc, hofpital, archdeaconry,
nadeofthe deanry, provoftlhip, prebend, panonage, vicarage, chauntery,
tenth part of free chapel, or otfier dignity, benefice, office or promotion
^f^t^^firft^' fpiritual within this reahn, or elfewhere within any of the
ftiiitt for die ^i"g*> dominions, of what name, nature or Quality foever they
iirft year. be, or to whofe n)undation, patronage or gins foever they be-
Every fpiritual I^ng, the firft-fniits, revenues and profits for one year of every
perfon tfhaN fbch archbi(hoprick, bifhoprick^ abbey, monaftery, priory,
K^^^f S**^ college, hofpital, archdeaconry, deanry, provoftihtp, prebend,
Wm bUac- P*''^^'**?^ vicarage, chauntery, free chapel or other dignity,
tuatpoflMoA benefice, office or promotion Spiritual aforenamed, whereunto
of hit bene- any fuch perfon or perfons Oiall after the itaid iirft day QSJatntary
fi^- be nominated, ele^bd, prefeded, prefented^ collated, or by
e^f . i: i. "^y ^^^ means appointed ; (a) and that every fuch perfon
and perfons, before any a^al or real pofleffion, or meddling
with the profits of any fuch archbi(hoprick, faifhoprick, abbacy,
tnonaftery, college, hofpital, deanry, provoftfhip^ prebend,
parfonage, vicarage, chauntery, free chapel, priory or other
dignity, benefice, office or profnotion fpiritual, fhall Atisfy,
content and pay, or compound or agree to pay to the King's ufe,
at reafboable days, upon good fureties, the £ud firft-fruits and
Commiflioners V^^^ ^^^ ^^ 1^^^*
to fearch for ^^^* ^^ ^ i^ ^^^ enacted by authority aforefiud^ That
the value of the chanceiior of England and mafler of the roils for the time
benefices, and being, jointly and feverally, or fuch other perfon and perfons
for*^^^^ as fhall plcafe the King's highnefs, his heire or fucceflbrs, from
fruiu.^ ^^^ ^^ time, at his or their pleafure, to name and depute^ by
commifTion or commiffions under the great feal, fhall have
power and authority, as well to examine and fearch for the juil
and true value of the faid ^dl-fruits and profits, by all ways
and means that they can, as to compound and agree for the
rate of the faid firft-fruits and 'profits, and to ftall and limit
reafonable days for payment thereof upon good apd fuffi-
cicnt
^ 5 34*1 Anno viccfimo fexto Henrici VIIL 315
cient furety or fureties by writings obligatorv by their dif- The money
crctions ; (2) and if compofitioa or agreement be had or made J*K*" 5?^,f !?•
for the &id firft-fruits before the faid lord chancellor or mafter SdWcredto
of the rolls, that then the writings obligatory, or money taken the trcafurer
for the fame, fhall reft, remain and abide in the hanaperof the of the chant*
King's chancery, there fafely to be kept to the King's ufe, and ^^>
the money to be due of fuch writings obligatory, or to bo re«
ceived in hand by reafon of any 6icb compo&tion, (hall be paid
in the faid hanaper 4o the clerk of the hanaper for the time
being, and that the fud ckrk of the hanaper (hall make a true
and juft account thereof, like as he is bound to do of the money^.
received of the pcofits of the King's ereat fcal ; f 3) and if com*
poG tion or agreement be had or made tor the faid nrft- fruits, afore
any other peribn or perfons to be deputed by the King's highnefs,
his heirs or fucceflbrs,.by commiffion under his great feal, that
then the writings obligatory, and monev taken for the fame,
(hall be delivered to the treafurer of the King's moftbonoorable
chamber for the time being, or elfewhere to whom it Audi
pleaiTe the King's highnefs, his heirs or fucceflbrs, to give au-
thority by commiflion under the great feal to receive tlw &me.
IV. And it is alfo ordained and enacted by authority afore<- WhoTe ae-
faid. That every writing of acquittance fubfcribed with the g^^^Jgf.^ ^''^^
hand and name of the clerk of the faanapo', *nd treafuirr of ^^{|^|^
the chamber, or other commiffioners aforefaid, or any of them, thefirft-fniits»
witneffing the receipt of the faid firft-lhiits or any part thereof,
fl)all be as eood $nd e({e^al againft the Kin^s highnefs, fait
heirs and htcceHbrs, to every perfon and penbns laving the
fame, for fo much money as (hall be mentioned to be ivceived
and contained in every fuch acquittance, as if fiich aoqoittanoe
were or had been lawbiUy had and obtained in the King's name,>
under the King's great (eal, and fo (hall be admitted, accepted,
allowed and taken ip every of the King's courts ; {2) and that An obligation
all writings obligfttbry to be taken for pavment oif the £iid firft- for the tM-
fruits, by and a&re the faid lord chancellor, or mafter of the ^^^^ ^^^1 ^
rolls, or by and afore any or^V^norpcdoos to bedcput- te^l^^Zt
ed to compound and s^ee for the faed nrft-miits as js anixefaid, a ftatute of
(hall be ot the fame ftreiie;th, force, virtue, quality and efte6t, the flaple b,
to all intents and purpoles, as writings obli^tory heretofore
made by any lay perfon by authority oTthe ftatute of the fta{de
been ; (3) and that upon certificate hereafter to be made into
the King's chancery, of any foch writings obligatory to be
taken for payment of fiich forft*fruits, like procefs and execu-
tion (hall be thereupon made and had again(t any perfon fpi-
ritual and temporal, as hath been accuAamed to be made a-
gainft any lay perfon, upon certificate of writings obligatory of
the (aid ftatute of the ftaple ; (4) and that, no peribci ftiall be
compelled to pay^for any writing obligatory to be made for the
faid payment ot the faid firft-^fruits, above viii. d. nor for any
acquittance to be made for receipt of fuch firft-fruits, above
iv. d. (5) and that fuch perfon and perfons as ftiall be deputed,
by the King's highnefs by commiflion under the great feal, to
compound and agree ^cr the faid firft-fruits^ flioll, at the end
of
3 1 6 Anno vicefimo fcxto Henrici VIIL [ 1 534-
of every fix months next after the date of their commiflion, and
fo from fix months to fix months, deliver or caufe to be deli-
vered unto the treafurer of the chamber for the time being, or
elfewhere to fuch commiflionors as fliall be appointed as is sfore-
£iid, to receive the fame, as well all fuch money, as all fuch
fpecialties and bonds as they (hall have taken for the payment
of the faid firft-fruits, by indenture to be made between them
and the (aid treafurer, or other commiffioners as is aforcfaid,
containing the certainty and number of the fums of money and
The penalty ^)ccialties, and bonds by them taken and received; (6) and if
fioneriTOn. ^^Y perfon or perfons to whom any deputation (hall be made
cealing bonds by commi(rion, to compound and agree for the payment of the
taken tor the £iid firft-fruits, their heirs, executors or adminiltrators, con-
pavraent of Qeal or imbezzle any of the faid fpecialties or bonds taken for
firil-fruiti, ^g f^^ pajrment of the faid firft-fruits, and do not deliver
them according to the tenor of this ad, that then every fuch
ofF^der (hall forfeit that office of deputation, and over that
make fine and ranfom at the King's own pleafure and will.
Whoibentreth V. And it is alfo enaded by autluNrity aforefaid. That if any
upon his fpiri- perfon or perfons, which at any time ajftcr the faid firft day of
«^icon!*ofi^* ?iw«af7 (hall be nominated, eleded, prefefted, prefcnted, col-
tion ftalffor- »tcd, or by any other means appointed to any of the dignities,
feit double the o(fices, benefices or other promotions fpirituai befbre-menticm-
^uc of the cd, do enter into the adhial and real pofieflTions thereof, or
Ad-fnuts, meddle with the profits thereof, before thcv (hall have truly
(atisfied and paid to the King's ufe, the firit-fruits and profits
thereof for one year, or elfe (hall have agreed or compounded
for payment of the fame at reafonable days upon good fureties,
in manner and form as by this ad is above fpecified, that then
every fuch perfon and perfons fo doin^ and emending, and being
thereof convid by prefentment, verdid, confdfion or witnefs
before the faid lord chancellor, or fuch other as (hall have au*
thority by commifiTion to compound for the faid (irft-fhiits
and profits as is aforefaid, (hall be accepted and taken an in-
truder upon the King's pofieflion; (2) and that they, their
executors or adnriniflrators, (hall pay to the ufe of the King's
highnefs, for every fuch offence, fo much fums of money as
(hall amount to the double value of the faid firft-fruits and pro-
fits of fiich dignities, benefices or other fpirituai promotions
wherein they (hall fo enter and intrude before the payment of
the faid firft fruits and profits for one year thereof, or before due
agreement made for the fapie, in manner and form as is above
rehearfed.
All firft fruits VI. And be it further enadled by authority aforcfaid. That
payable to the firft-fruits of benefices heretofore accuftomed to be paid
flwit c^f ^^"^^ to the bifl^op of Norwich^ within his dioce(e, and to the arch-
and be pafd deacon of Richmofidy within his archdeaconry, or to any other
to the King, perlbn or perfons within this realm, or any other the King's
See 3a H. 8. domitiions, (hall from the faid firft day January ceafe^ and
^ 47- <• 3. jjp cxtind, and no longer be paid, but only to the King's
1 5 34-] Anno viccfimo fexto Henrici VIII. giy
highnefs, his heirs and fucceilbrs, in fuch form as is above
mentioned in this z&.
VII. Provided always, That archbiftiops and bifhops, and j^ biftiops
all other having jurifdidtion ordinary, may give and deliver let- may give m-
ters of inftitution and indu<5tion» as they might do before the ftitution and
makiDg of this a6t, without any offence of any article contained induction.
in this a(^ ; any thing in this a6t contained to the contrary there-
of notwithdahding.
VIII. Provided alfo. That where there be divers cells apper- priors rcmo-
taining to monafteries and priories, and that the priors of fuch vabie (hall pay
cells be named, and removeable from time to time, at the »<> firft-fruiu.
only wills and pleafures of their mafters and Ibvereigns of
the monafteries and priories whereunto fuch cells belong; that
the priors of fuch cells (hall not be compelled to pay any firft*
fruits by virtue or authority of this z6t ; any thing in tnis adt
contained to the contrary thereof notwithftanding ; (a) but
that the firft-fruits and profits of every fuch cell mall be paid
to the King's highnefs, his heirs and fucceflbrs, whenfoever
and as often as any p^on (hall be nominated, eleded, pre-
fe<5Ved or collated to the monaftery or priory whereunto fuch
cells belong.
IX. And over this be it enaded by the authority aforefaid, -
That the King's majefty, his heirs and fucce(rors. Kings of this ^^pfnfull
realm, for more augmentation and maintenance of the royal livingsjnven
cftate of his imperial crown and dignity of fupreme head of the to the King,
church of Englandy (hall yearlv have, take, enjoy and receive^
luiited and knit to his imperial crown for ever, one yearly rent
or penfion, amounting to the value of the tenth part of all the
revenues, rents, farms, tythes, offerings, emoluments, and of
all other profits as well called fpiritual as temporal, now apper-
taining or belonging, or that hereafter (hall belong to any arch-
bi(hoprick, bi(h:>prick, abbacy, monaftery, priory, archdea-
conry, deanry^ hofpital, college, houfe ooUegiate, prebend,
cathedral church, collegiate church, conventual church, par-
fonage, vicarage, chauntery, free chapel, or other benefice or
promotion fpiritual, of what name, nature or quality foever
they be, within any diocefe of this realm, or in H^aUs ; (2) The tenth
the faid pen(ion or annual rent to be yearly paid for ever to ^^ be paid
our faid fovereim lord, to his heirs and fucceflbrs. Kings of this ** Chriftmai.
realm, at the feaft of the nativity of our Lord God, (3) and
the firft payment thereof to begin at the feaft of the nativity of
our Lord God, which (hall be in the year of our Lord uod
1535. (4) And to be paid yearly by fuch as (hall be appointed
to have the coUedion thereof by this aA, in fuch manner and
form as (hall hereafter be limited by this ad, before the firft
day of April yearly next following after the (aid feaft of the na-
tivity of our Lord.
X« And it is ordained and enafied by authority aforefaid, CommiiGons
That the faid yearly rent and penfion (hall be taxed, rated, levi- ^j be awards
cd, perceived and paid to the King's ufe, his heiri and fucceflbrs, Jioicfe ^^.
in manner and form hereafter to be declared by this z&i that qui^e ot the *
is
3i8
Anno vicefitno fcxto Henrici VllL [ 1 534-
value of every is to iay, that the chanodlor of England for the time being
fpiritual fliaU have power and authority to direct into every diocefe in
hving. ii^g rcaloOy and in ffTileSy feveral commiflions in the Kings
name, under his great Teal, as well to the archbifhop or biili^p
of every fnch diocete, as to fuch other peribn or perfons as the
King's highnefs (hall name and appomt, commanding and au-
tborifingthe faidcommiffionersfotobenamed in every loch com*
million, or three of them at the leaft, to examine, fearch and
empiire by ail the ways and means that they can by their dif-
crertoQS, of and for the true and juft whole and entire yearly
values of all the manors, lands, tenements, hereditaments,
rents, tythes, offerings, emohmients and all other profits, as
well fpiritual as temporal, appertaining or belonging to any
archbiflioprick, biihoprick, abbacy, monaftery, priory, arch-
deaconry, deanry, hofpitaC college, houfe collegiate, prebend,
cathedral church, cdlegiate church, conventual church, par**
fonage, vicarage, chauntery, free chapel, or to any other be-
nefice or promotion fpiritud within the limits of their com^
DednAionsto mifiion, (2) with a daufe to be contained in every fuch coaw
be defalked miflion, that the (aid commiiSoners, or three of them at the
outof fpiritual j^^ft^ fl^all dedud and allow in the making and rating of the
^^'^^ faid yearly values of the premifles thefe dedudions following,
and none other ; that is to fay, the rents refolute to the chief
lords, and all other annual and perpetual rents and charges, which
any (piritual perfon or perfons been bounden yearly to pay to any
perfon or perfons, to their heirs and fucceilbrs for ever, or to
give yearly in alms, by reafon of any foundation or ordinance,
and all fees for ftewards, receivers, bailiffs and auditors, and
fynods and proxies, with another daufe to be alfo contained
in every fuch commiffion, that the faid commiffioners or three
of thetn at the Icafl, fhall certify under their feals, at fuch days
as (hall be limited by the fiud commifDons, as well the whole
and intire value, as the dedudions aforefaid, of every arch-
bi(hoprick, biihoprick, abbacy, monaftery, priory, archdeaconry,
deaniy, hofpital, college, haufe coHegiate, prebend, cathedral
church, collegiate church, conventual church, parfonage, vica-
rage, chauntery, free chapel, and of all other benefits and pro-
motions fpiritual.
XI. And it is ordained and enaded by authority aforefaid,
That the fiud commiffioners that (hall be fo appointed, or three
of them at the leaft, (hall have full power and authority to do,
accomplifli and execute the efTedls and contents of their faid
commiffions in every behalf; (2) and that every the faid com-
miflioners, before they (hall execute their faid commiflion, (hat!
receive and take a corporal oath before the lord chancellor, or
before fuch other as (hall be appointed by the faid chancellor
by the King's writ of Dedimus potejiatem^ that they (hall
diligently and truly, without favour, afFedtion, fraud, covin,
meed, dread or corruption, do, fulfil and execute the whole
cffeds and contents exprefied in evexy fiach commiffion within
the
TKc oomimf-
iioners (hall
be fwoi n in-
diflRerently to
execute their
coinmiiliont.
1 5 34*] Anno Ticefimo lexto HsNitici VIII, «3 19
the limits thiereof, to their canning, ifrits, and uttcnnoft of their
powers.
XIL And it is ordained and enadted hy authority afiyrefiud.
That after fuch certificate made by die faid commiffioners, the
faid yearly rent and peniion of the tenth part (hatl be fet, taxed,
rated and taken juftly and truly and indifferently by the trea*
furer, chancellor, chamberlain and batons of the King's ex^*
chequer, of and out of the clear yeariy value of the premises,
that (hall be above the dedufiions afone-mcncioned, and none
otherwife* (2) And that every archbiflioprick, bifhoprick, ab* E^eryrpiritual
bacy, monaftery, priory, archdeaconry, deanry, hofpital, col-perfoiiftaUbe
lege, houfe ooUegiate, prebend, csuhedral church, collegiate charged for
church, conventual church, parfonage, vicarage, <^hauntcry,.^jJ*^P^^^
free chapel, or other benefice or pn>motion fpiritual, (hall be where^eybe,
feverally and diftindly taxed, charged and chargeable, in the though their '
proper diocefe where they been, for tlie payment of fuch por- pofleflioni lie
tion of the faid tenth part as (hall be taxed and fet upon them "\.^***«r dio-
by aythority of this a<5t ; that is to fay, every of them by and ^ ^**
for themfelves (hall be taxed, charged and chargeable in the
propet diocefe where they been, for the tenth part of the yearly
value of their poficiGons and profits to them belonging, where-
foever their faid pofltflTions and profits Qiall happen to be or lie
in any part of this realm, or.elfewhere in any of the King's do*
minions ; ( 3) and that none of them (hall be charged or charge*
able for the payment of the odiers charge or portion.
XIIL And it is alfo enacted by authority af<x*efaid. That BiOiops (hall
after fuch certificate made into the King's exchequer, and tax be charged to
fet of the tenth part, in form above remembered, every arch- the coUeaion
bilhop and biftiop now being, and that hereafter (hall be, (hall ?*^ jjl*''**^"*'
bccharged and chargeable co levy, coDedtand receive, withintheir jjl^fesf^ ^
proper diocefe, as well in places exempt as not exempt, all t% Co. 45.
fuch fums of money wherewith the dignities, benefices and 3* H. s. c. 47^
other promotions fpiritual afore mentions within their diocele, ^^ j^* |* ^' '7*
chargeable by this ad, (hall be fet, taxed and charged towards ^J h. s. c.Vs.
the payment of the faid yearly penfion, (2) and (hall pay and By3G.i.c/io/
content the fiiid fums of money yearly, before the (aid firft theKinguto
day of Jprsl^ to the treafurer of the King'§ chamber for the j|K^"^ * ^**
time being, or to any other perfon or perfons whom it (hall ccivc'^t^'^**
pleafe the King's highnefs to appoint to receive the fame ; (3) tenths,
and that every of the faid archbilhops, and bi(hop$, their exe«
cutors and admini(hators, and the pG^(rions of their dignities
and churches, (hail (land charged and chargeable for the fure
and true payment of fuch fums of money as they (hall colledk
and receive of the £ud yearly rent and penfion.
XIV. And that the tresuurer chancellor, chamberlain andProcefssgamft
barons of the King's exchequer, (hall yearly caufe procefs to**^'^**P^°'''^J
be made by their difcredons for nonpayment of the faid penfibn tlTntht v^thin
or vearly rent, or any parcel thereof, againft every archbi(hop his diocsfe.
and hifhop of this realm ; that is to fey, againft every arch^
faiihopand bi(hop for fo much part and portion of the faidpenfion
and yearly rent, wherewith the digoities, benefices and other
pro-
320 Anno vicefinK) fcrto Henrici VIII. [ 1534.
promotions fpiritual afore mentioned within his diocefe flialt
be taxed and charged -, (2) fo that every of the faid archbifliops
and bifhops (hall be <harged and chargeable for the rate and
portion of the £ud yearly rent and penfioa fet and taxed within
his own peculiar diocefe, and not otherwife.
Bywhat . XV. And be it alfo enadbd bv authority aforcfaid^ That
bi?op(haIl ^^^ archbilhop and biihop (hall have power and authority
levythe tenths ^^ '^vy, take and perceive, by authority of the cenfures of the
of every fpiri- churcn, or by diftrefs or otherwife, by their difcretion, all fuch
tut] promo- fums of money as (hall be rated, taxed and k< to go out of the
^^H S c «ft l^nds, tenements, hereditaments, . profits and emoluments of
^* ' * ' ' any dignity, office, benefice or other place or promotion fpiritud
within their diocefe, towards the pajrment of the £iid yearly
rent and penfion ; (2) and that no replevin, prohibition nor
fitperfideas upon any excommunication, nor any other writ or
impediment (hall be fued, aUowed or obeyed, for any perfon
or p^rfons. making default of payment of fuch part and portion
as they (hall be rated and taxed unto by authority of this ad,
till fuch time as they have truly fatisfied their faid part and por-
tion to them allotted of the faid yearly rent and penfion.-
mo (hall be XVI. And it is alfo enaded by authority aforcfaid. That
timeof^ca- whenfoever and as often as any of the archbiihopricks or hilho-
tion of a bUh- pricks happen to be void, that then the dean and chapiter of
oprick. the cathedral church, or the prior and convent, or chapiter or
convent of the monaftery or cathedral church, where the fee of
fuch archbi(hoprick or bi(hoprick being void (hall happen to be,
during the time of the vacation thereof, and their executors,
adminidrators and poflefGons, (hall be charged and chargeable
to do and caufe to be done all and every thing and things for the
due execution of this a£l, within the aiocefe of fuch archbifho-
prick or bi(hoprick being void, as the fame archbifhop or bilhop
of the fee, being void, (hould have done, accc»ding as it is
limited and appointed by this a6t, or by any thing therein
contained.
Th« Penalty XVII. And it is* ordained and enaftcd by authority afore-
paymcn^of^ laid. That if any fum of money being once aue by any incum-
tenths. bent of any the dignities, benefices or promotions fpiritual a-
1 £1. c. 4. fore fpecified, charged to the payment of the faid yearly penfion
Moor 541. pi. jjnd annual rent, be reafonably demanded and required any time
'*** after the faid feail of the nativity of our Lord, at their dignities,
monafteries, priories, hofpitals, colleges, churches, chaunte*
ries or houfes, by the archbi(hop or bi(hop, or fuch as (hall be
charged with the coUedtion of any part of the faid penfion, or
by any other their miniilers, fervants or officers, to pay fuch
portion of the faid penfion and yearly rent, as they mslX be
taxed and alTeifed unto, be not truly contented and paid unto
fuch archbi(hop or bi0iop, or their minifters and officers, and
to fuch other perfon or perlbns, or their minifiers or fervants,
as (hall have the charge of colle<5lion thereof every year yearly,
at the time of fuch rcqueft and demand thereof, or elfe within
forty days next after every fuqh requeft at the fartheft s that
then
^$34'] Anno viccfimo fexto Henrici VITI. 34 1
then tvery inctiinbcnt making fuch default of payment, after
iuch default thereof certified into the King's exchequer in writ-
ing under the feals of any archbifliop or bi(hop, or of fuch as
be limited and charged to the colled^ion of the faid penfion by Altered by %
this ad, (hall be adjudged deprived ipfi fa£lo of all fuch digni^ &3£d^.aio.
ries, benefices, penfions and promotions fpiritual, as any mch ^' 3-
incumbent, making fuch default, (hall have at the time of fuch
certificate to be made, or at any time after; (2) fo that all fuch
dignities, benefices, penfions and promotions fpiritual, which
any incumbent, making fuch default of payment, (hall have
at the time of any (uch certificate to be made, or at any time
after, (hall be clearly void and deftitute of incumbent in the
law, to all intents and purpofes, as if fuch incumbent, making
fuch default of payment, were dead indeed.
XVIII. And it is ordained and enaAed by authprity ^forefaid, xbe biftiop
That if any archbi(hop or bi(hop, or any other, limited and making i ccr-
charged by this a6t to the colledtion and payment of the faid fificate of any
penfion and annual rent, do make a certificate unto the King^s JjJ^jJ^nrto
exchequer before the faid firft day of Aprily or at any time with- pay his tcnthj,
in four and twenty days next after the (aid firft day of Aprils that /hall be dif-
thcy according to this a6t have reafonably required and demand- charged
cd any incumbent of any dignity, benefice or promotion foiri- ^^g'J**^* ^ .^
tual, chargeable by this aft, to pay fuch part or portion of^the savil i."
faid penfion and annual rent, as they (hall happen to be aflfefied
unto, and that fuch incumbent, fo being required, hath not
paid his (aid part and portion according to the form and tStA
of this aft ; that then every fuch archbi(hop and bifhop, and
every other perfon having the charge by this aft for collec-
tion and payment of .the faid penfion and annual rent, upon
every fuch certificate, (hall be difchar^ed and acquitted for ever
againft the King, his heirs and fucceilbrs, of and for all fuch
fums of money as any (lich incumbent, againft whom fuch cer-
tificate (hall be made, (hould or ought to have paid by this aft ;
(2) and that then in every fuch cafe the treafurer, diancellor^ Pfocer^ihdl
chamberlain and barons ot the King's exchequer, (hall dcvife be awarded a-
and direft, upon every fuch certificate, fuch procefs out of the p^"^ there-
King's exchequer agamft every fuch intumbent, again(t whom theiTtcnSTj
any fuch certificate (htll be made, and their executors and
mdminiflrators, or for infufficiency of them, againft the fuc-
ceilbrs of every fuch incumbent, whereby the King's high-
nefs, his heirs and fiicceflbrs, (hall and may be truly anfwered,
paid and contented of fUch pottion and part as the incumbent '
againft whom any fuch certificate (hall be made, was taxed
and afTefifed for bis dignities, benefices cfr promotion fpirituatl
chargeable by this aft.
XTX. And it is alfo ordained and enafted by authority afore- \m,o(caaiuit.
faid. That all manner o( acquittances made by the treafurer of tanccs Jball be
the King's chamber, or by any other fuch commifiioners as adifcbargefor
(hall be appointed as is aforefaid, to receive the faid penfion, or the payment
any part thereof, and fubfcribed with the name of the faid trea- ^^ ^« ^^^^
furer^ or any other fuch commifliooer, for the .payment of- the
Vol. IV. Y £ud
3aa Anno vkefimo iexto Henuci VHI. [ 1 5S4-
fiud penfioa or annual rea% or any part thereof, to anr (itch
perlba or peribns zi be limited and charged with the coUet^oa
thereof, (haU be of as eood ftren^h, force, virtue and eScA to
the parties having the lame, as ifthey were made in the King's
name, under his ereat feal, and fo mail be allowed, admitted
and accepted in all courts of this realm ; (a) and that the trea-
fitter, chuiceDor, chamberlain and barons of ^ King's cxche-
^[iier, ftiall, bv virtue and authority of this ad, as well admit
and allow fucn acquittances, as sdl fiich certificates as (hall be
made a^nft any incumbent for default of pavment, as is a-
bove iaid, upon the account of every archbimop and bifhop,
and erf" every other perjbn hmited and charged by this ad for
the cdledion and payment of the faid penfion ana annuad rent,
without any writ, bill or warrant, to be fued in or for that
behalf.
ItodklBg frail XX. And that no manner of officer of the King's exchequer
be taktttin Ae ^j^U ukt of any archbifliop or bifliop, or of any other perfao
r^SpOThit l^^^ing charge with the colle<ftion and payment of the (aid pen-
coUeanr for ^^n or annual rent, any maimer reward or thing for making
Aif account or their account or prutus ijl in the lame exchequer, or for any
jwtff Ml wT. maimer of thix^ appertaining to the £ime, concerning the faid
^^^ ^^ penfion and annual rent, upon pain of every officer, doing con-
trary to this aA, to lofe and forfeit his office, and make fine to
the King at his will and pleafure.
XXI. And forafmcb gs every ituumUnt of the dignities^ tenefoes
emd fremotions ftiritual afere mentioned Jbau be charged bf tbis aH
to ibepofment ythe tffab part ef the v(due of their dignitus^ bene-
fees ^promotion fpiritud^ withota any diouclion or aJkwame of
fiuh penfion or p^fioni^ wherexvitb feme of them been charged to pcy
to tonr predeceffirs during their Sves^ or to other per/ins ta tke t^
fffuek their predeceffors during their lives : (2) it is therefore or-
dained and etuSed by authonw aforefaid. That it (hall be law-
T&tvwlith ^ toevery incumbent chargecl with any fuch penfion psiy^Ale t#
psypeafioQS ^T bis piedeceilbrs, or to any to his ufe, to retain and k«ep in
tootbmout Us hand the tenth part of evoyfuc^ penfion; (3) and that every
•f tb^ Tpiri- fi]ch incumbent and his furettes (hall from h^oetbrth be acomt-
^ Kt^the ^ •^ difchargc)* of the faid tenth part of every fuch penfion,
tenth pact ^ virtue and authorir^ of this prefent aA ^ any decree, ordih
tiiotdttT nance or affignment of any ordinary, or an^ collateral writing
or lecurity made for fuch jpetifion to any fpintual perfoa or per*
fons, or to any to their uies^ for tenn of their lives, in any wife
aotwilhfbnding: s (4} and that as well every incumbent, as fuch
perfons as ftand bound for him for pavment of any fuch pen-
fions, (hall jiJead this adt in every ol the King's courts, for the
clear e>ctingui(hmetit and difcharge of the tenth part of every
fuchpenfion.
t^o penfion XaU. And be it alfo ordained and eaadted by authority a-
;i)d[ bereferv- forefaid. That np penfion (haU hereafter be aifigned by the ordi-
wfiwlwrt^ of ^*y* ®^ ^^ ^X ^**^ manner of agreement, by collateral fure-
ab£efice, a- Vt^ ^ otherwire^ upon any refxgnation of any dignity, benefice
bo?c thcfakie or promotion fj^mrxal^ abovf the value of the third part of the
dig-
* 534-i • Anno viccfimo fexto Henrici VIII. 323
dignity, benefice or promotion fpiritual refimed : (2) and if any of tl»« third
penfion amounting above the value of the third part' of the dla*- P*^^' '3 ^
nity, benefice or promotion fpiritual heretofore refigned, be ^r
ready limited and made fure to any fpiritual perfon or perfons>
by decree of the ord'muy, or otherwife by any collateral furcty,
or hereafter (hall happen to be afligned and made fure to any
perfon or perfons fpiritual, or to any other to their ufe, by de-
cree of the ordinary, or by any other collateral furety, upon any
refignation thereof; yet nevertbelefs the incumbent charged witn
fuch penfion, nor his fureties collateral, (hall not be compelled
^o pay any more penfion than the value of the third part of
his dignity, benefice or promotion fpiritual fo refigned ihall a-
jnount unto ; (^) but (hall by authority of this ad be clearly
acquitted and aifcharged of fo much of the faid penfion as (hail
atnount above the value of the third part of the dignity or benefice
refimed; any decree or aflignment of the ordinary , oranycoUt<>
tend writings er fureties heretofore made, or hereafter to be had
or made for the feme, to the contrary thereof notwithffamding.
XXIII. And firafmuch as divtrs abbots and priors been charged Abbott ar^^
40 pay great fenjkns tofundry their tredecejfors yet living, to the great ^^ Paying
dec/^ ofthetr hofpitalities and houfekeeping ; be it enaded by autho- S^r^predc*
rity atbrefaid. That every fuch predecefibrs of fuch abbots <x odSnu^
priors, having any penfion made fure unto them, or to any to
their ufe, during their lives, amounting above the yearly value
of xl. li. fiiall from henceforth be defalked and abated of the
tnoiety and half-^deal of every fuch penfion ; (2) and that everv
abbot, and all other perfons char^ for the pavment of fucn
penfion abDve the feid yearly value of xh li. (nail be dearly
acquitted and difchai]ged by authority of this zSt of the moiety
and half-deal thereolfor ever ; any decree or afiifliment there-
of by the ordinary, or any wfitin^ or furety coUateral had or
tnade for the furety thereof notwithftanding.
XXIV. Andforafmueh as the lord prior of Saint John's ^ Je- ^ V^^
rufalem in England, and his brethrenj be not Jpuialty named and wj^lt^a^l
expreJTed in this afl^ whereby ambiguity might arife^ whether they My fiHk-
JhoiJd be comprised imthin the limits of this act \ it Is therefore for mutt and
plain declaration thereof enaded by authority afore(aid. That tenths,
every perfon and perfons which after the faid firft. dav of
January (hall happen to be nominated, eleded, collated, or ,
by any other means appointed, to th^ dignity of the faid prior
or %oxciijohffs of Jerujalem in England, or to any commandry
appertaining unto the fame, (hall before their achial and real
entry into the fame dignity or commandrv, or meddling with
the profits thereof, (atisfy and pay to the iife of the Klin|*s
highnefs, his heirs and fiicceflbrs, the firft-fruits and profits
thereof for one whole year, or agree or compound for the fame
at reafonable davs, in like manner and form, and upon like
pain in eveiy benalf, as archbiihops and bifhops and other fpiri-
tual perfons be bound to do by virtue and authority of this ad:
(2) and that alfo the prior of §t John*s now being, and his fuc-
ceifors, and evei^ of nis brethren having any .commandry, and
Ya their
324 Anno vicefimo fescto Henrici Wik [pjH
their fucceflbrsy (hall contribute and pay yearly to die King's
higbnefsy his heirs and fucceilbrs, one yearly rent and penfioa
amcAinting to the tenth part of aU thdr poi&flions and profits,
as well fpiritual as temporal, and (hall be charged, rated, taxed
and fet to the contribution and payment of the faid tenth pan ;
(3) and that alfo die faid tenth part (hall be levied, coUefted
and paid, in fuc^ like manner and form, to all intents and
purpofes, as the tenth part of other dignities and benefices
fpiritual (hall be charged, taxed, (et, levid, coUedted and paid
by authority of this a^.
They which XXV. jhd fmiftmuh as injmiry and many satbeir^d churches aU
ratioQ haw*" ^g^i^ffofpitalsoftlns nalMy there iSjOudtiMe out of mind bathbeen^
ievcraipoflef. ^fTtain ordinances injlituted and made^ whereby the dion^ p^^woft^
fiont belong- rnqfteTj or other chief governor offuch ehnrches. colleges and hofpitob^
Mg to their ^/^ ^ artmn part and portion of the poffiffions and profits bibnm
^^Ti^T /^ fiuh churehes, colleges and hofpitals, altonfy Umited and belongp^ to
^n poflef. their offices and dignities ; fa) and every prebendary j brother^ vicar ^
fioni , and w:^felbwy petit canon^ and other mimfiers fpiritual^ in fiuh churches^
Sac odien. colleges and hofpitah^ hath another portion^ allonfy and dijiinetiy hnattl,
appertaining andbelmging to their Sginties and offices in fucb churches^
bofpitals and colleges : (3) it is therefore provided and cn-dained bj
authority aforefaid. That fuch perlbn and perfons which at any
time after the faid firit day oi January (hall be nominated, ded-
ed, prefented, prefeded, col^ted, or by other means app<Mfic-
cd to be dean, provoft, ma(ter, or other chief governor of fuch
cathedral churches^ colleges or hofpitals, (hall be rated, com-
pound and pay, for their firft-fruits, but only after the rate
of the yearly value of the poflefHons and prmts limited and
beloneinR to their ofike and dignity.
XxVf. And that every other perion and perfons, that after the
fiiidfirft day oijanuary (hall be nominated, eledted, prefented, pre-
feded, collated, or by any other means appointed to have any
prebend, brother(hip, felfowfhip, or to be any vicar or petit
canon, or to have any other dignity or office fpiritual in any
fuch cathedral churches, coUcms or bofpitals, (hall be rated,
compound and pay, for their turft-fhiits, after the rate of the
yearly value of Uie pofleflions and profits limited and belonging
to their dienities and oiHces, in fuch churches, colleges and hoC-
pitals, and none otberwife ; any thing in this ad to the con-
trarv hereof in any vife notwithftanding.
No firft-fruits XXVII. Provided always, That fiich perfon or perfons, that
fliali bepaid after the faid firft day of January (hall be prefented or collated ]
for a benefice to any parfonage or vicarage, whereof the yearly value (hall not
being not a- exceed viij. marks, (hall not be compelled to pay anv firft-fruits
W value of"' ^^ ^^J '"^^ parfonage or vicarage whereunto they (naU be jwr-
e^ht marks, fented or collated, not being above the faid yearly value of viij.
/Jtered by marks \ except that the incumbent prefented or collated to fuch
sEl.c.4.. Lap. parfona^ or vicarage, whereof the yearly value (hall not ex-
ceed viij, marks, do live three vears next and immediately fol-
lowing after his inftitution, induction or collation to fuch par-
ibnage gr vicarage ^ (2} and if fuch inciunbeot do live after the
iiid
-■534-0 AiuK) vkefimo fcxto Henrici VIII. 325
fsud three yeafs, then he. or his executors or adminiftrators,
rhall pay^ at days to be limited after the faid three years, upon
Cureties (as is aforefaid) the firft-ihiits of every fuch parfonage
or vicarage : {3} and that in every obligation to be made by A provifo in
:Rny incumbent of fuch parfonage or vicarage, and his f^r&- the obligadon,
t:ies, for payment of the firft-fruits of fuch parfonaee or vi- J^„tVie^^.
oarage, tb^e (hall be contained a provifo. That jttbe iaidja three
incumbent die within three years next after the date of the yean,
uiilitution, indu^ion or collation of the faid perfonage or vicar-
age, that then the obligation (hall be void and of none effeA,
^ny thing in this a6t to the contrary hereof notwithftandine.
XXVni. Jnd over this where the clergy of the province o^Can*
terbury, in their convocation^ have granted unto thg King*s bigbnefs
cm hundred tboufand pounds^ and the filer^y of the province of York
aighteen theufand eight hundred forty pounds ten pence^ to be paid by
anfen portions in five yearsy and that which could not be levied thereof
in the fame five yearsy to be paid in thejixthyear^ as by the tenor of
How much the
_ I clergy of the
and annual rent (hall be yearly from henceforth duly paid and two provinces
fatisfied to hisHighncfs and to his heirs and fucce(rors, accord- andYoril ftlll
ing to the tenor, form, purport and eflFeft of this prefent act, be ycsSy dif-
that it may be.ena<^ed by authority of this pre(ent parliament, charged of.
That the clerey of the laid province, of Canterbury^ and every and where-
of them, (haU he difcharged and acquitted againft our faid fo-^ ^^^'
vereien lord, his heirs and fucceflbrs, of and for the twenty
tbouUnd pound, parcel of the faid hundred thoufand pound,
which (hould be paid in the fifth year of payment limited by
their rrant: (3) and that the clergy of the faid province of
York (nail likewife be difcharged and acquitted of and for all
fuch fums of money, parcel of the faid eighteen thoufand eight
hundred forty pounds and ten pence, which (hould be paid in
the fifth year of payment limited by their grant ; any thing in
their fiiid feveral grants thereof made in any wife notwith*
fianding.
XXlA. Provided always. That aU the refidue of fums of
money, which be yet to be paid, and not releafed nor dif-
charged by this a£t, (hall be truly paid and fatisfied to our faid
fovereign lord, his heirs and fucceUbrs, according to the tenor,
form and effetSt of their faid feveral grants.
XXX. Provided alfo. That all fuch fees, which any arch- p^^ ^j^j^f^
bi(hop, bifbop^ abbot, prior or other prelate of the church is any prelate it
bounden yearly to pay to any chancellor, mafter of the rolls, bound to pav
juftices, (nerins or other officers or minifters of record, for tem- for temporal
poral juftice to be done or miniftcred within their diooefe or ju- Ji^^h^ <.. 17,
rifdidions, (hall be allowed and deducted by the coouniflioners ,7 h. s! c* s.*
aforefaid, in and upon the valuation of the dignities, monafle- 1% H.s. c, ia«
ries, priories or churches chargeable with fuch fees; any thing » & 3 Ed. 6.
in this a& to the contrary hereof notwithftanding, ^'^^^ ^
Y3 CAP. lEiiz'c!^.
^o.c.iz. 5Ann. c. 24. 6^Ann. c.27. iGeo.i.c.io. jGeo.i. c.io«
$2^ Ajmovkefiiii6fe!ia>HsinuiuVIIL [^63A-
CAP. nr.
jRbt jurors in Wales.
1T7HERE /iv' bek tfdiBgint mi Jun h^/Pa^ (f jurm /w9m
¥V /^ Ifii/i tfmttrdirgnj ftbm mid oHiffariii ^fehmes ani
murdirs in Wales imd tbt marches ef the Jam^ Shirs ^AmnKts^
fHtnds mid khtfcUs to Jkb ofendirs^ havi nfiriid U the fame jtt-
fffrSi and bavi fubmud tbem to acpiit £virs murdinrs^ /dom mid
dtc^JarieSf of inly mtd mtmoujlf hmmj untrmj to ipuiy mid
Bom meBcer jiifiui* (2) it is therefore enaded by the Kin|^ our Jovereiga
^om for the ]ord^ and the lori$ fpiritisal and temporal, and the commons,'
w In'waitt «* *»• prcfent parfiamoit cflbnUcd, and by the authority of the
flull demean '^^y ^^^^ forthwith, upon the charge given to any iaqoeft
Uttdtit. hereafter to be taken and fwom before .any juftifier^ ftemrd,
lieutenant, or other officer within ff^alis or the mard^ of the
fanle, of, for and upon any traverfe agaunft the King, or the
trial of anv recognisance broken^ or imy other forfeiture forfint-*
led to the Kins, or of, for and upon the trial of any murderer,
felon or acoefiry of fidomr or milrder, one oiBcer or other per*
fon (haQ be dq>uted and iwom in the prefence of the fiud jufti-
cer or other officer, for the true and cKIigent keeping of the fiune
jurors ; {3) and. that the feme oQIcer or other |>erton fo fwom,
without the fpecial coinifiandment of th^ faid jufticer or other
officer, (hall not do, or fuflEer to be mlmfteitd, to the fiunejii-
rors, any bread, drink, meat, fire or light, nor (haU fuffer the
fame jurors fo fpeak to any perfon or perfons ; (4} nor the fiilne
officer or other perfon fwom, without the commandment afore*
Aid, fhall not fpeak to the (aid jurors, but <Mily to deoiand of
diem of their agreement ; unto fuch time as the fiune jurors
fhall have given their verdid ; any ufege or euftom ber^ofore
nfed to the contrary notwithftandine ; (5) and if the fiune officer,
or other perfon fo fwom in form aftMrenid, do not execute and
accomplmi the premtfles in the oath before idieaifed .in every
point and article, then the feme officer, or other perfon fo fwom,
ihall be pimifhed and impriibned, and make &ie and ranfom to
the King's highnefs, by the difcretion of the faid juftk»v ftew^
ard, lieutenant or other officer,
tlie penalty R* And a]fo be it enadted by the authority aforefatd. That if
of jurors in (he fame jurors do acquit any fuch fidon, murderer or acceflary,
Walei com- upon whofc trial they fhall be charged, or give any untrue ver-
jSr^or Jolcr-^** againft the Kine, upon the trial of aiw traverfe, recogni-
wiie'mifde. " ^nce Or Other forfeiture, contrary to gooa and pregnant evi-
meaning dence mlnifteftd to them by perfons fwom before the feid jnfti-
tlicmfcivcs. cer, fteward, lieutenant or other officer, or that the feid ju-
viuighan 150, jyjrs, or any of them, do cat, drink or fpeak to or with any
^' other perfon or perfons than to ftich as be fwom with them, or
othervrife nfiifilenfiean themfelves after they be fmxn^ and before
they have given their verdiA, that then the lord prefident, and
other of the cmmcil of the marches for the tinie beiiffi, .ufxm
notice 6r complaFnt thereof to them nurfe, flraH not oiruy l^vc
power and authority by this preftnt aA to call fu^ junxs-faefoie
them.
f 534*1 Anno vieefimo fexto Hbnkici VIIL gzy
theniy (a) but dfo the fame juMcer, fttward or other ofioer, a«
fore whom any fiich acqiiittai, untme verdid or mifilenieanour
flian happen to be made, fliall have Ml power and author!^ to
compel rach jorors, mid every of them^ upon paia of iropr^
fonmenf, to be bounden by recogmaance in a certain Ami of
money, by their dUbretion to be limited, that the fitrne juron,
and every of them, (hall perfonaHy appear at a ccrtaia day, by
the ftme jufticer, fteward or other officer, to be limited, bdbipe
the lord prefident, and other of the council afiorefiud for th^
time being, then and there to abide and ftand to fucb <Ufcdictti
and onier as the feme council (hall make, ordain and decree, of,
in and upon the fame; (3) and that the iame council (hall there-
upon have authoritjr and power, by examination or otherwi(e,
to hear and determme all and every (iich caufe, and (haU have
Ske authority to commit every of the lame jurors to prifon or
other puni(hment, as (hall be thought moft meet by the dUcre*
tkm ot the (aid council, or otherwife afleia or tax every fuch
juror to his (ine or ranfom by the (ame dilcretion, to be paid
and levied of their lands, goods and chatlds, to the u(e of the
Kmg^s highnefs. ^
CAP. V.
For thi paffagi over ibe Severn.
war/r {^Severn, i#ftc¥M£n^andtf»/ Sooth- Wales, an4 4ffUr.
Jiub mitiert andfobnus dme^ ibtfaii niiirSi films mi mwriinn^
with tbi fmdgoids fi rMedandJlolin^ make their ienuname wUh
Mfe Jmi geods fi ftilen^ hy nighty at Svers paffi^es $r ferries aver
the fHi rher §r watery as tStpi^&ges ^Aum, Fremdand, P^.
ton, Ariingham, Newenham, Portfedes, Poynte, end all fiiib
other hkeuffages ever the fnd river in$e South- wales, «r itUe the
fere/t udmd iSf fenft efutam, alfe adjmtdng te the fame water \
(2) and when ttiy he ever the feed water^ tSm the geeds foftekn^
he hy divers privil^es there kept^ alheit the ewner and ewners have
true andperfiH knewbJ^e thereef^ yet they fa rehhed and Aeikdhe
withettt renuiy fer te ekain thetr find geeds fa Jlelen\ (t) fa that
the Jeeret andfadden teavts^anee hy mght ef the find geeds ever the
find ferries andpaffagesj detb net only greatfy emmtrage divers per^
fans te teme eni tf the parts ef South- Wales, to Jled^ reh and
murder £vers perfens in their beafes in the /aid ttunttes jeining upen
the fmd herders ^ Wales, hut alfo caufeth matg rebhenes andfelo^
fties in fimdry ways te he eentnutted and dene upen the bid hirdir
near aJ^eifdng te the fame river^ te the great damage ana hurt efthe
JGntt faheffs inhahtting there^ unhfs feme remedy therefore hepre-^
viiid: (4) it may thetrfore pleafe tM King our (bvere^ kml,
and the kxrds fpiritual and temporal, and the commons, in this
preicnt partiament aflemUed, by the authority of the fonut to
enaA, That every perfen or peHbns taking upon him or them
to hare and keep any of the laid pa(&ges, or any other paflages
Y 4 Mpon
3^8 Anno vicefimo Texto HENltlci VIIL [1534.
The penalty upon Sivem afoneraid, from henoefartb do rm convey^ neither
•°^ ^^iS**^ ^^ ^^^^ "*y manner barge, boat or other veflel, any perfoo
lnu> or forth ^ perfons with horfes, mares, oxen, kine or any other cattk,
of Wales at Ror ne other perfon or perfons, before the time of the fun rifmg
unlawful in the morning, and after the time of the fun bdng gone down
timet. ^i night, ^5) upon pain of imprilbnment and fine to be fet on
him that uisdl lo convey or cairy over any of the iaid pai&gcs
over the faid river of Severn out of England into ff^aks or the
/oreft of DecHy or out of fVaUs^ or the f^ud foreft of Deem^ into
England^ unlefs the faid pafTengers and every of them, have good
knowledge of fuch perfon and perfons and of their dwdhng*
phces ; (6) and upon requeft to them made by any perfon or
perfons, to difdole the name and the dwelling-place of eveiy
fuch perfon or perfons. fo by them conveyed over the fatd wa-
ter, to any fuch perfon pr perfons iipquiring the fame, if fuit be
made for and after them upon any outcry, huy or fre(h fuit, of
or for any felony, robbery, murder and manflaughteri commit-
ted and done from henceforth.
Keepers of 11. And that the King's juftices of the peace within every of
ferries niallbethe faid counties oi Glocejier and Somerfet^ at their quarter-fef-
bound to fjQj^g^ fl^jjj have fall power and authority to call before them
LffenSm at"" a" f^c^' perfons which hereafter (haU keep any of the faid
unlawful paflages, or any other ferry or paflage over the laid water into
iinef » tVoIes or the faid foreft, or out of fyinUs pr the f^id fereft into
England^ and to bind them with fufficient furedes with them in
recognizance in fuch fums of money as it flviU feem to the
difcretion of the faid juftices of peace, that they and every
of them, being paiTcngers and keepers of ferries and paflages as
is aforefatd, from benceforth fliail not, after thp faid times be-
fore limited and appointed, convey or carry, or caufe to be con-
veyed or carried, any manner of perfon or perfons or any kind
of cattle, *but fuch perfops as they do know and will anfwer
for, and know where their abidings, dwellings and habitations
be, and upon nequeft made^o them> or any of them, as is above^
faid,* (hall from time to time difclofe, as well the fame peiftm or
perfons, as the goods ^nd chattels fo paffing the faid paflages,
tipon frelh fuit made or hereafter to be made upon any felony,
murder or robbeiy committed and done in tht borders of the
counties aforefaid, or in any other place within this realm or
Smth-JVales.
CAP. VI.
Murders, felo- The hill Concerning councils in Wales.
\valef to be T70RA8MUCH OS the people ^/Wales and manhis 0/ the fame.
inquired of in X? mt dreading the good andwholfom laws andjlatuies of this rtabn^
the fhires next have of loHg time continued and perfevfredin perpetration and commif-
a.i joining, &c.^^ of diver s and manifold thefts^ murders^ rebellions^ wilful humify
Mod cafes in ofhoufes and Other fiekrcus deeds and abominable malefa^i^ to the high
lavt 136. iifpliafure of God^ inquietation of the Kin^s weU-difppfed fubje^is^
The long per- <tf^ di/lurbattce ofthepubliik tvealj which maUfaas anifcekrom deeds
fever :\nte in ^ fo rooted and fixed in the fame pecpUy that they be not Hie to ceafiy
wi'.kcdaci* of uolrfs fmefi.arp (orrc^fion atfd pumjhmcnt for redrefs andamputa-
tisf^
1 534«] Anjip vkefimo fcicto Henrici VIII. gzg
and
... ,. /*-- , 1 1 11 - 1 . /• 1 /. r«, thcmarchcf
in this parliament auembled, and by authonty of the fame. That thereof.
;all and Angular peribn and perfons dwelling or reliant within All perfons
IFaUs, or in the lordftiips marchers of tlve fame, from time to ^^^^ appear,
time, and at all times hereafter, upon fuch monition or warn- j^^t fum.
ing given for the court to be kept in ff^alesy or in any of the mont giTen,
lord(hips marchers aforefaid, as before this time hath been ufed, before the fa*
ihall perfonally repair, refort and appear before the jufticc, ^^^^^ "! ^*'*
ileward, lieutenant or other o£Ecer, at all and every felllons, ^^U[^^'^
court and courts, to be holden before the fame juftice, fteward
or other officer, in any whatlbever caftle, fortrefs or other place
within fValiJy or within the prednds, limits and jurifdidtions of
every the lordlhips marchers or feigniories aforefaid, or the
marches of the fame, as by the (aid juftice, fteward or other of-
ficer ihall be appointed; (3) and then and there fliall give his
or their perfonal attendance, to do, execute and accomplifti ail
and every thing and things which to him or them (hall aftere
and appertain, upon pain of fuch fines, forfeitures and amer-
ciaments as (hall be anered, afiefled and taxed by the juftice^
Aeward or other offi.cer, to the Kine*s ufe, if it he within any
of the Kine's lordlhip's marchers ; (4) and if it be within any
other lordftiips marchers, then to the ute of ^e lord of the faid
lordftiip marcher for the time bein^ ; ^5) the (aid forfeitures
^nd amerciaments to be levied, perceivea and taken by way of
diifarefs pf the goods and chattels of every perfon not appearing
at the faid court or courts, or not doing, executing or accom-
pli(hing his duty as is abovefaid.
11^ AttJ forajmuch as the officers in the hrd/bips marchers in Wrongs dona
Wales have often andfundry times heretofore unlawfully exa£led o/^Yff^p^n ia
the Kinjsfsfubjem within fuch lord/hips where they have had rule or |^^^^
authority, by many andfundry ways and means j andalfo committed
them tojlrail durefs and imprifonment for fmaU and light feigned
taufesy and extortioufly compelled them thereby to paj unto them fines
for their redemptions, contrary to the law : (2) therctore be it further Untnie fur-
ena<5ted, . That if any fteward, lieutenant or any other officer of mifes feigned
any lordfhip marcher, do feign, procure or imagine any untrue ag*i"ft tnem
Airmife againft any perfon or perfons that (hall fo give ^eir J^j'^^L^P^*'*
perfonal attendance before them at fuch court or courts, and tbemf
upon the fame untrue furmife commit them to any durefs or
imprifonment, contrary to the law, or contrary to the true and
laudable cuftom of that Iord(hip, that then upon fuit made unto
the King's commiffioners, or council of the marches for the
thne bein|, by any fuch perfon or jperfons fo imprifoned, or by
any of their friends, that thep the (ame commiffioners or coun*
iul ftiall have fu]l power and authority to fend for fuch fteward,
lieutenant or officer, and alfo for the perfon or perfons fo im-
prifoned; (3) and if the fame perfon or perfons^ fo imprifoned,
can evidently prove before the faid council, by good and fub-
jflantial witnefs or otherwife, that his imprifonment was upoQ
guy fejgnpd furmife, without caufe rcafon^blc or lawful, that
% then
jjo Anno Ticdimo Ibtto HSNRiei Vfll. [> 534-
then the fame commiffioners fhaU have ftill powerand va&onxy
to aflefs the faid officer, to pay to the faid perfen dr pdribns
^vrongfally imprifoned, vi. s. vnj. d. for cvcnr day of their ira-
prifonment or more, by the diicretions of thenid commiffioaen,
according to the hnrts and behaviour of the perfim or perfons
nnpnfbned.
Thewty^t III. And that the fame commtfltoners fhall fet fbither fine
'■"•?/*• upon the faid officer, to be paid to the King's ufe, zs by Acir
jJ^^^bSi *f<3^on$ (hall be though convenient ; (2) and in cafe tteiamc
ifwprifrH btm officer do reruie to appear before the tame connniffioners in-
vpon frigned continent after any commandment to them diteded and de-
fumiires. Ilvered after any fuch complaint made to the isane com-
miffioners, that then the firnie commiffioners ihall have foil
power and authority, upon every default made by any officer or
officers, to aflefs and fct upon every fbch officer or officers raak-
^ ing default, fiich fine or fmes to be levied to the King's ufe, as
Sr their difcretions (halt be thought convenient ; (3) and diat
e fame commiffioners fliall have full power and authority to
compel the faid officer or officers by way of imprifenment, as
well to pay fuch fines as (hall be fet and taxed upon tbem to the
King's ufe, as to pay unto every peribn orperibns foimprjlbned,
fiich (urns of money as they (hall belefled to pay for their wrong
imprifonment.
No veapon iV. And be it alfo ena Aed by authority aforefiud. That no
h"'* *ht to P"*'^ ^^ perfons dwelling or rdiant withm fPTiles or the lonl-
coum filler "^^P* marchers of the fame, of what eftate, degree or condition
churches in foever he or they be of, coming, referring or repairing unto any
Wales. fcflions or court to be holdcn within fPaleSy or any lordfcips
4 M.4. c. «7 & marchers of the fame, (hall bring or bear, or caufe to oe brougnt
•^ or borne to the fame fcffions or court, or to any place within the
diftance of two miles (rom the fame feffions or court, nor to any
town, church, fair, market or other congregation, excmt it be
upon a hute or outcry made of any felony or robbery done or
perpetrated, nor in the highways, m affi:ay of the Kir^s peace,
or the King's liege people, any bill, long-bow, crofs-bow,
hand-eun, word, ftaff, nagger, halbert, more(pike, fpear or
any other manner of weapon, privy coat or armour ddfenfive,
(2; upon pain of forfeiture of the fame weapon, privy coat or
armour, and to fu(Fer imprifonment and make (ine atid nnfom
to the King's highnefs by the difcretion of the King's commif-
fioners of his marches for the time being, except it be by the
commandment, licence or aflcnt of tfie &d ju(nces, fteward or
other officer, or of the commiffioners or council of the marches
for the time being.
None Oiall le- y . And that no perfon or perfons frotn henceforth, without
tMns^tfcmn- '^^^"^^ of the faid commiffioners in writin|, (hall within /P^fri,
moiths, or * *>r ^^^ marches of the fame, or in any (hires adjoining to the
collcaions, or fame, require, procure, gather or levy any commorth, bydale,
F**J? P"*" tenants ale, or other coHeftxon or exaftion of goods, chatteb^
in Wales. money, or any other thing, under colour of marrying, or fu&
feting of their children feying or finging their firft maflwor got
i 34*1 Anno vicdimofaao Henrici VUL 531
iXsy of ahjr pncft$ or €krks» or for redemption of any m«fdery
" any other felony, or for any other manner of caufe, by what
mjike or names foever they fliaU be called ; (2) npr (lull make
r pKOCiife to.be made any g^tfnea of ranning» wreftling» lea|>-
kg^ oc an]^ other games^ (ue game of (hooting only excepted
i^d fotepniled,) (3) upon pain of one whole year's imprtfon-!
^ent of every perSon or peiibns aa (hall gather, or procure to
c gathered^ any fiich ooUeAion or exaAion, or (hall make or
rcxrureto be made any games as is aforefiud $ (4) snd further^
r&£]r and every of them (hall make fuch fine ^s by the dif*
retion of the King's oommiflioncrs of his marches (ball be
tioug^ht convenient: (5) and further, the faid commiffioners
wy this prefent aA (haJl have power and authority to hear and
determine the (aid.ofiences by their examination ; (b) and that Ko artMHuSl
10 perfon or perfons (kail hereafter at any time caft anv thing becaft into
rito any court within ff^altSj or in the lord(hips marcners i^u^y court.
he fiime^ by the mean or name of an arthel, by reafon when^-^
>f the court may be letted^ di^urbed or difcontinued for that
lime, upon pain of one whole Year's imprifonment of any fuch
>eribn or perfons as (hall ca(t or catife to be caft any fuch
irthel into any court or courts hereafter to be holden within
fyaUs or the lord(hips marchers of the fame ; any cuftom be*
fore this time u(ed to the contrary notwithftanding.
VL And that all fisffions ana courts hereafter to be holden ^1.^,1^^
within fTalii, or the lord(hips marchers of the (ame» (hall be J^ia^mSf
kept within .the moft fure axid {leaceable place within the fame ^^t blaces.
lordfliip marcher, where the faid ju(tice, fteward, or other of-
ficer (haU apjpoint; (2) and for the puni(hment and fpeedy
trials, as well of the counterfeiters of any coin current within
this realm, waihtng, clipping or mini(hing of the fame, as of
all and (ingular felonies, murders, wilful burning of houfes,
manflaughters, robberies, l>urglaries, rapes and acce(&ries of
the (ame, and other offences fdonioufly done, perpetrated and
committed, or hereafter to be done, perpetrated and commit-
ted, within any lord(hip marcher oiJVatiS ; ( 3) be it enabled by the ^diament ia
authority aforefaid. That the juftices of the gaol-delivery and ^^^f^JSJ^I
of the peace, and every of them for the time being, in the (hire ^mmitted
or (hires of England where the King's writ runnedi, next ad* within any
joining to the lame lord(hip, marcher, or other places in H^akSy loi^flupmar^
where (uch counterfeiting, wa(hing, clipping or mini(hing ^^^ gi^^^
any coin current within this realm, or murder hath been, or 3^ jessHj/
hereafter (hall be committed or done, or where any other fe- c.%6.
lonies or jicceflaries (hall be hereafter committed, perpetrated ]^«5^- Athee,
or done, (hall have from henceforth full power and authority at -Jb" J?^^**'
their fe(iions.and saol-delivory, to enquire by verdi£t of twelve ^
men of the (ame mire or (hires next a^oimng within England
where the Kingfs writ runneth, there to caufe all fuch coun-
terfeiters, wa(hers, clippers of money, febns, murderers and
accedaries to the fame, to he indited accordiiia to the laws of
this land, in like manner and form as if the nroe petit trea«
fons, murders, felonies and accefiaries to the fiune had been
doiiiCi committed or perpetrated within any of the (aid (hires
^ wjthin
^3* Aimo vicdimo feirto Hknricx VIII. (1554.
within the faid realm, and alfo to hear, detennine and judge the
£une, according to the laws of this realm.
Aomiittal in VII. Apd that all foreign {deas pleaded bv any of d)c bid
^ h!» malefaaors and offenders, (hall be tried and detemined in the
mmhcriiio ^^ ^^^ ^^ g^^^ ^^ ^^j ^^ ^^^^ ^^ acquittel or fine makinf
for any of the caufes aforefaid in any of the lordfliips march-
ers, (hall be no bar for any perfon or perfons, bring indidei
in the faid (hire or (hires, within two years next after any Tuch
murder or felony done.
Jnftim may yUL And further it is enacted. That tlic fiiid juftias of
■^l^PSS^pl peace and gaol-delivery, and every of them, (ball have iiill
narclien. power and authority to award aU manner of proceis at nell of
outlawry as otherwifc, againft all and every nich oi£ender and
oflfenders fo indiAed in manner and form, and according to the
cuftoms and laws ufed and accuftomed withm this rnlm of
AeertSficate England; (2) and that the faid jufiices or two of tbem, afofe
of an otitlaw- whom any fuch offender (ball happen to be outlawed, or at-
S^irmanSer ^^^^ ^Y outlagary, (hall immcdiatdy upon the £une outia-
to ' £?^ ^^ attainder, dired and fend unto the King's officen of
his loxd(hips marchers or to their deputies, or unto tlie ksd
or lords marchers of the fame lord(hip marcher or to his or
their officer or officers or to their deputies, wherein iiich of-
fence, murder or felony (hall happen to be done, or where any
fuch offender, murderer or felon (hall h3^>pen to be rdiant, i
certificate under the feals of them or two ot them, of any fuch
outlagary or attainder ^ (3) commanding them and every of
them by the fame, under pain of forfeiture of a hundred pounds
to the King, to be levied and perceived as well of the goods,
chattels, lands and tenements of the fame lord or lords march-
ers, as of the goods and chattels, lands and tenements of the
King's officer there to apprehend and attach, or caufe to be
apprehended and attached, die body or bodies of the fame of-
fender or offenders fo outlawed or attainted, and fafely to keep»
or caufe to be kept, the feme offender or offenders, till fud»
convenient time before the next feflions of the King's juftioes of
the caol-delivery of the (hire where fuch offender or ofFemlcrs
(hall happen to be outlawed or attainted, as to the King's of-
ficers ot his lonUhips marchers, or to their deputies, or un^
the lord marcher or lords marchers of the Cimelordfhip march-
er, or his or their officer or officers, or their deputies, where
fuch offender or offenders (hall be apprehended, attached, dc*
tained and kept, (hall be thought expedient for the conveyance
By ^^*^ ^ and conducing of the fame oflfcndcr or offenders, (4) in m^J-
ft^dcl oTall be ^^ ^^ ^^^^ foUowing, to be delivered from the Kingfs oft-
conve>ed cers or their deputies, or the lord marcher or the lords maxco-
rroni one lord- ers, or his or their officer or officers, to other perfons affignw
ihip marcher by this z6k to receive and convey fuch offender or offenders,
to another, j^y jnd^jjtu^g ^q be made between the deliverer or ddivercrs,
and the receiver or receivers, that is to fay, that the King's °^'
ficcrs of his lord(hip marcher, or their deputies, or the lord or
Jords marchers of tlic lordlhip marclier, or hb or tb«r officer
or
1 534.] Annp vicefimo fcxto Henrici VIII. 33^2
or officers, or their deputies, where fuch offender or offenders
Ihall be apprehended, attached, detained and kept, (hall fafe-
ly and furely conduct and convey, or caufe to be conduced
and conveyed, the fame offendef or offenders,- to the next
lordfliip marcher toward the (hire where the fame offender or
offenders (hall happen to be. oudawed or attainted; (5) and
that the King's officers of the fame lord(hip marcher, or their
deputies, or the lord or lords marchers of the fame lordihip
marcher, or his or their ofiker or officers, or their deputies,
ihall receive, and fafely and furely conduct and convey the
fame offender or offenders to the next lord(hip marcher; (6)
and fo the King's officers of every lord(hip marcher, or their
deputies, or the lord or lords marchers of the fame lord(hip^ or
his or their officer or officers, or their deputies, to receive^
condu<5l and convev fafely and furely, eyery fuch offender or
ofi^ders from one lordfhip marcher to another lordfhip mar-
cher, by indenture, as is aforefaid, unto the time that fuch of-
fender or offenders (hall be faffly delivered before the faid jufr
tices of die gaol-ddivery ; (7) upon pain of forfeiture by every
of the King^ officer or lord marcher, by whofe default the fame
offender or offenders (hall ne may not appear before the fame
juftices at their faid feffions, there to (land a^d abide the order .
of the Kind's laws, C. li. to be levied and perceived of the
goods and diattels, lands and tenemedts of the fame officer or -^ -
lord, to the King's ufe.
IX. And that all and every officer and officers, lord and The officer
lords, or other perfons to whom any certificate (hall be di- (hall return
reded as is abovefaid, (hall at the next felTions and gaol-deli- bis precept,
very to be holdeii after the apprehenfion or attachment of fuch
offender or offenders, return the fame certificate in due fora^
and what he or they have done in that behalf, upon tiie pai^
aforefatd ; (2). faving alway to all and eVery of&nder and offen* j^ advanta-
ders, all and fineular'tffavertes, challenges, exceptions, advan* ges ikved to
tages, and all oUier pleas, to, of, and upoi^ the oudawry pro^ ttae offepdeq.
nounced or promulged againft the fame offender or offenders,
in manner suid form as is and hath been ufed and . accuf^omed
by the laws of this realm for any the King's fubjedts dwelling
within the fame realm. \^
X. Provided always, and be it enaSed by the authority a- An offender
forefaid. That if any per£bn or perfons which (hall happen attainted of
hereafter to be indnfled, outlawed, arraignecf, convi6ted or ^t^vayitlonyi '
tainted bv force of this a*a, do find fuch fufficicnt furcdes be- ^^^ ofhls
fore the King's juftices of the gaol-delivery as.by their difcre* good beha-
dons (hall be thought convenient, that the (ame perfbn or per^- vioar, majrbc
(bns (hall not from thenceforth <;ommit nor do any felony, dirchargecf.
murder or felonious offenfe, nor be acceflary to any felony, H^it»6.*^
murder or felonious offence, but at^ all rimes from thenceforth f.'ioo',
ihaU beof good' behaviour againft tiie Kmg our fovereign lord,
his heirs and fuccefibrs, his and their laws and fubjeSs, that
then the fame juftices of gaoUdelivery for the time being, with
and by the aOent, coofent and agreement of the lordpre&dent^
and
,3i4 Anno yicefimo fexto Henrici VOL [1534,
and two c^ the King's commiffioners, or coufidl of the marches
for the time being, or three of them at the Icaft, whereof the
lord preiident, or one of the faid council, to be one, (haS ud
may by their diicretions, for one time only, admit any fud
ofiender to a certain fine or fum of money on him by them to
be aftfled and taxed, to foe Airely paid to the Kin^s ufe ; [ij
and (hall hare full power and autiiority, 1^ this prefent ad, to
^chaigeany fuch offender or offenders, fo arraigned, outlaw-
ed, conriScd arid attainted of all and every fuch felony, mur-
der or felonious offence and acceflaries of the fame, and of al
executions and |mnifhments of death, which the fame offender
or offenders (hould fuffer by the common laws of this realm,
To dmt the (ame offender or offenders (land not appealed of the
Aid felony, murder or felonious offence, or as acce(&nes d
file fcfne offences, at the time of his faid dtlcharge j (?) and
that cvenr fuch offender fo difcharged, as is abovetoid, mall be
for the laid offence or offences done within any of the King's
IbnUhips marchers, or any •other lordfhips marchers, difcharg-
ed as well againft the King's highuefs, his hdrs and fiiccefors,
-as a^inft all ottier lords marchers, for one time only.
Noltberdesof Xl. Provided a}way, and be it ena(5bed by Ae authonly
lo'd marcher afefefaid. That this fvefeitt aft, or anydimg therein contain-
hridMdT* ^' *^' ^^ extend ne take place to abridge, deprive, ormi-
•^ norate any liberties, privilege or authority Sf any lords march-
ers heretofore granted to the fame lord, or lawfully ufed or ac-
cuftomed by the faid brd or any of his anceftors, mdeb the
forelaid ofienders happen to be mdifted, outlawed, arraigned,
conviAed or attainted by force of this aft, as h aboTtfsd,
wtthtn two years next after fuch murder or other 'felonious of-
Ance ^perpetrated, done, or committed witldn l)ie faid lonl-
4hips marchers, or any of them ; any diing in this peelent aft
before rehearfed to the contrary notwithftanding.
^Wwwfelflt- Xn. And furthermore be it enafted bythcauthoritjrafcn-
ud'mSrS^ ftSd, That sdl tnurders, robberies, felomes and acccfirics rf
tuih inW^aUt <he fame, which (hall hiqppen hereafter to be done, perpctniel
than be en- tn* committed, wthin the (hire of Mmomff^ in /fP^;, inall and
quifed of, ;inay be from henceforth enquired, heard and determined in the
tSShSl cbumies ofCamarvofi or Anglifijf before the King's jufticc of
SpealSby A^^^^* ffTiks^ or his deputjr tor the time bong, by vcrdift or
S u. c. so. mqueft to be taken by the inhabitants of the fame dures of (>-
narvm or JbtgUfy^ or otherwife, if by the dxfirretion of the juf^
tice tfiere, or his deputy, it IhaM be thought convenient : (2)
and that the Tame jufticc, or his deputy for the time bcinj,
Ihall Jhave fill -power and authority by his difcretion, by fc^
of this |>rcfent aft, to hear and determine all and every the
aforefaid tnurders, felonies, robberies and acceffaries, in form
aforeiaid"
Xni. And toheri beretflfon ttpm dhen murders, rothmts ^
'filonks ferpitrated and dmiy as tvill within ihe lordflnps marchers i
Wales, as in other places cfVlzlts withtntt the fame krilhipSy ^^
'Renders divirs-thHis JUe and efiape frwtihef!^ or ^^
;34-] Anno vicefimo focto Henjuici VUV 33^5
ue where fiuh offtna was commit td^ <ind bavi repaired and re-
ned into another hrdflnf marcher ^ and there by the aidy comfort
\d favour ofthefmd lord of the fame lordfinp, or his officer or of'*
ersp have been ^abiding and rejiantj into the which lord/hips the
me lords marchers have and do pretend a cufiom and privilege^ thai
me ofthe'^EngU namfUrs or fubieHs meg enter to purfiie^ appro*
md and attach amfuch offender thereimto repaired^ as is eiforefaiit
' reafon whereof the fame offenders went nnpunijbed^ to the anim-
ation and encouraging of other evil-difpofed people : (2) it is there- where aodt^
»re enadted by the authority aboYefaid, That every officer whom any of-
id officers, and their deputies, upon conunandment given l^ fender taken
le commiffioners or council of the marches for the time be>- IJL^^k^^
ig, (hall bring, fend or deliver every fuch offender to the of- "•■^^^
cer of the lora(hip marcher, or other place, where any iuch
(Fence is or (hall be committed or done, upon the metes and
ounds of the faid lord(hips, or to the laid commiffioners or
duncil, according as to the faid officers bv them (hall be
^nnmanded under pain of xl.li. the faia commandment
r commidlon to be direded to any fuch offioer, to be (ent^
3nveved and delivered by a ferjeant at arms, cr a purfuivant,
ttendant on the (aid council in the marches for the time
cing.
CAR VIL
TbehiUfor the bi^bways in the county efSuttkx.
HERE .// is firdained and enaUed by authority of this prefiml HuAwavt in
parliament heretofore hUw at London the fifteenth day . ^Suflex ial\ be
ipril in the fourteenth year of the King^s moft noble reign^ and from a«n«><*«l-
hence adjourned to Weftminfter the Iqft day of July the fifteenth 1%^ '^ "•'•
ear of bis rngn^ and there boldenyin eonjideration that many commm
jays in the If^eld of&ont be Jo deep and novous by wearing and
mrfe of water ^ and ^ther occafions, that peopk cannot have their
affages and carriages by horfes upon or ky she feane^ hat to their
reat pains, perils and jeopar^ ; {%) that if any parjim or perfms ^ny perfoii
rom that tinuy in any place within the faid Weld of the faid ceuff may fiiy outa
U rfhisgeodmnd and diJp^tieny withM any value of good by him new way in
r ^ them to be reeeived/or thefame^ will, far the common wealrf^^* ^^. .
he Kinisfeeple, ^ffign and Jay out a more cemmodieus way in ^fv^u^ofkent
ver the kmds thereunto adjoining^ whereof the perfon erperfens, sr b^ the confent
tber to his tffe,JbailbefeUed of fee in eAate of inheritance, that the dt two Juftices
ime new wof, fo to jbeJagnad andJaia mt^ by everfi^t andaffent ®^Pt*S!! ?S;
ftwejnfiicesoftkepeaeed'thefitidceunty, andiwehe taker dif"^^^^
THt men within tie fame mtndrod MMting, where any fuch new * .
wtyJhaUbe Umtudandlmd^ut, or inhabitif^ within the fame hun*
Ved^ and other hundreds ta Ae faid butsdred next ae^^ing^ JhaU be
ram theneeforth boiden^ eccupied.and s^ed in like manner as the find
Id way there now is, or before hatS been ; (3) cmd that aljo the
me perfim er.ferfonsfo dijpafed, willing and auont^flingy fiM
nd m^, for tie. fane new %vay, fo affigned andufd^ receive and
M, in way of reeetmpente fer the feme new way fo to be given, tie
aiamt grmid ef,meidv9ay in fes»ralty to tiem their heirs jend
affigns.
w
633 , Anno viceiimo fcxto HenriCI VIIL [15J4.
iffignSi ^0 their vwn ufe and profit for ever^ tmthut of^ amm
way or pajfage then from thenceforth to he had or daimeiy anyfrt-
fcription or ufe to the Contrary notwithjlandingy in like aamer cd
form as is limited by thefaid a&^ of a cerUdn new vm granUdij
the fame a£l to he made /y George Gilford^ Efquire^ tf/Hcmpftead
SSl^*^ de ^ '*^ -^'^ ^^^ ^f '^"*^' ^4-^ ^^^ '*^ ^*^ ^^ -^^^ ^^"^ ^f\
into thc'chan-^^^'*^* tf«rf twelve other Sfcreet men by whofe overjight and ajfmt'
ceiy of ibc thefaid new twgf, by virtue of thefaid a^y JhaU be ajjignei, limiui
way. and laid out^ JbaUy zvithin three months next after the afftgwmu /*•
mtatiortj and laying out of thefamOy make certificate into the Kin^i
moft honourable court of chancery , under their feals, of the length ani
breadth ofthefaidnew way or fhntj and of other things
or concerning thefame^ as by their difcretionsJbaU be thought mji «-
pedient or requifttefor the common wealth of that country to be urth
fiedi ( O and that certificate to be made from time to timt^ ai afi tfi
any fucD new way orJtreetfiaU be affignedy limited and laid out in
form above written.
They which H. Provided alwayy That if any perfon or perfms^ or body politic,
^h'^ rf^tlT'^ ^^ ^ ^/*^ '^ '' ^ Ar^tf/?^ Jhall have any churcb-vioj, ar
\M^mlj ^^f>tr wf>titfoever way orpaffagCy over or through any manner kn-Js
ufe it. aiming to any the fatd old ways andflreets^ which fl)all he tda
and ufed by force of that aSl as feveral foil and freehll, inrecm-
pence for arn new way to be made^ andldd out inform aforefaid, sr
have or ought to have^ or hereafter flkiU havoy any lands or teminu
adjoining to the old way \ that they and every of them^ tbfir tr.n
and fuccefforsy flM and may have and ufe their hid w^ or wcjy^^
of and in thefaidnew way^ over and through the hmd oftbefuii^^-i
way orjlreet, into or over thefaid lands or tenements adjoining ts tht
famiy and Jo to pafs and repafsy as JbaU appertain over the jam f^
ttwy, at fuch convenient place or places thereof y as therefore M^
Unuted and ajfigned by thefaid twojuftices ^f peace and other
meny and by them to be certified in the chancery y among other thinfi
by them to be certified in form aforefaidy any thing in the fni a^
ahove written notwithJiamUngy as by the fdid a& mamfifiy ^P'
peareth.
III. And forafmuch as in many places within the county ^/Suife
like adt for the alteration of common ways andjireets there, tiini
much annoyouSi is much necejfary and expediontfor the common weakt
and commodity of the King^sfubyecls of thefaid county ofSi^Stx U »
had and made: in confideraricm whereof, be it ordaifled and en-
adcd by the King our fovereign lord, and the lords fpititual
and temporal, and the commons, in this prefent parliament
_. . . affembled, and by authority of the fame, That the feW aft
?& I OI 8 above rehearfcd and recited (hall and may ftom henceforth ex-
C.6. touching t«^d> take cfFed, and be put in execution in every place con-
altering wavs venient or nece&ry within the faid county of Sujfex where the
JptheWcld of ways and ftreets be noyous to the King's fdd fubjcds of the
SncxSctt- ^*"*^ ^^^"*y ^^ **-^» '^^ ""^^ ^^"" ^^^ maimw, and in ail
Son in the points and conditions, and with like provifo to be had, done
county of Sttf- and executed, as it is contained and rehearfed in the above ^^
fex. ^x^ ^ CQnceming the chax^ of the wavs a^id fotet^ >n the
faid
i534«] Antt) Ticefimo lextt> Heiirici VIU. 337^
fidd cfninty of Xott ; any pttfcription^ ufe^ cuftom or other
thing to the Gootrary being in any wife notwitbftanding.
CAP. vm.. .
' For the city of Norwich^ for te-cdlfying of the hbufcs there. PR.
CAP. IX.
The bill for Lymi^ p ^^
CAP. X.
The King during his life may repeat theftatute of ij/f.S. Cj. £ X P
by his proclamation, and rerive the fame by like means, and
• all other ftatutes made fithence Jmo 11 of his reign, con-
cerning the carrying forth of the commodities of this realm,
or bringing in of foreign md'chandifes. '
CAP. XI.
Whofoevcr dwelling in ff^ales or the marches thereof, (hall af- EXP.
fault, beat or hurt any pcrfon of the county of Glcce/lerj Sa- 33 H. S^c, 17,
/(7p, or Herefard^ and (hall be indidtcd and convi<5t thereof,
(hall be one year imprifoned. 7i endure to the next parlia"
ment.
CAP. xn. ,
The bill concerning counties in Tf^ates. Clerks convi<Jt in*3H.8.c.i.
TTabs (hall find furety for their good abearing. The benefit * J ^- J- ^' *^*
of clergy taken from offenders in feveral felonies, unlefs they !'h, g' ^'V
be within holy orders. He within holy orders, who is con- i£d.6.c.is*
y\& of felony, before his purgation (hall find fureties for 5&6£d.6.c.9»
his good abeariiig. A remedy where there be no judices of
peace in that county in^Zf; where the clerk convict .doth re-
main in prifon.
CAP. XIII.
^ 08 whereby offences be made high treafon^ and taking
awaj all fanSuaries for all manner of high treafons.
T7 Oil AS MUCH at it is mojl neceffary^ both for common policy What crimct
J/ cmd duty of fubie£ti^ above all things to prohibit^ provide^ ^^^^l u
rf/lrain and extinct au manner of Jhameftd flandirsy perils or immi- ^JJon, *^
nent Jailer or dangers j which might grow, happen or rife to their
fovirsign lord theKing^ the ^yeen^ or their beirSy which when they
be heardjfein or underjloodj cannot be but odiblcy and atfo abhorred of
all thofe forts that be true and loving fubje^s^ if in any point they
may aoj or Jhall touch the King^ his ^ueen^ thetr heirs or fucceffors^
upon which dependeth the whole unity y and univerfal weal cf this
nabn, without providing wherefore too great a fcope of uwreaJonabU
liberty fl}ould be given to all cankard and traiterous hearts^ wilier s and
workers of the fame -^ and alfo the King*s loving fubjeifsjhould not de^
elare unto their fovereign lord now beingy which unto tkem hath been^
and is moll etUirely both beloved and ejieemedi their undoubted Jincerity
and truth.
II. Be it therefore ena<Sted bv the afient and confent of our
fovereign lord the King, and tne lords fpiritual and tomporal,
and the commons in this prefent parliament aiTcmbled^ and by
Vol. IV* Z the
3^. Anno viccfimo iexto Hekrici VliL [ < 534.
tlie autkorify of the fatxte^ Aat if anjr fettm or ftarbns^ after
the firft day of Hiruary next coming, cfe maticmfly wUk, will
or defire, by woids or writiag, or by craft imagine, invent,
praAife or attempt any bodily barm to be done or conimitted
4lnft.4i»43. to the King's moft royal perfon, the Queen's or their heirs ap-
iH.H.P.C.112 parent, or to deprive them or any of them of their dignity, title
... .or name of their royal eftates, or flanderoufly and raalicioufly
publifli and pronounce, by exprefc writing or words, that the
King ouff ibv^eig^lord Ai^uld be h«retick;, fchifaiatick> ^ran^
infidel or ui^Fpet of the cfowd, pr i«bf Uioufly do> detain, keep
ov withboM from ouv faid fovei«ig;n lord, b^s be^rsor fucceilbrs,
:^pf his. or their oaftles, fortreiie^.fortil^ifes or holds within this
realm, or in any other the Kifig's dofninionsor marebts, or rebel-
liouily detain, keep or witbhold from the King's faid highnefs,
his heirs or fucceilbrs, or any of his or their inips^ ordnances,
artillery or other munitions or fortifications of war, and do not
humbly render and give up to our faid fovereign lord, his heirs
or fucceilbrs, or to (qch perfons as (hall be deputed by fhem,
fuch caftles, fortrefles, fortilefles, holds, (hips, ordnances, ar-
tillery and other munitions, and fortifications of war, rebdfioutly
' kept or detained,, within .flx days next after they (hall be com-
manded by our faid fovereign lord, his heirs or Ititrceffiirs, by
open proclatnatten under the great (eal ; Thar then cvcn^ foch
perfon and ptrfons fo offending in any the prepiifies, after the
' • iaid fifft day of February^ their aiders^ counfeBers, confentcrs
and abettors, beirig thereof lawfully cpnviA accotTiing to the
Ikws and cuftoms of this realm, (hall Ite adjudged traitors, and
that every fuch offence in any* the preniiifes, th^t fltafi be com-
mitted or done after the faid firft day oi FebrUarfy ftialMjc re-
puted^ accepted and adjudged high trtafon, and the offenders
c^TiIITm. ^*^^ and their aidtrs^ednfenters, €Dim<Uter«afiVlabtttor9^rbetng
feff. I. CI. ' lawfuUycoavidk of any luch offence aais aft)refiud^ ihall have and
I & s Ph. & fuffer fuch pains of cleath and pther penalties,, as is liiifiiK^ and
M.C.9.10- accuftonitrf in cafes of high trtafert.
in. And to the intent that all treafon$ fhottj J»be the more
dread, hated and detefted to b<^ doj^ by any perfon or peiibns,
and anb beciui^ it ist a great boldhefs and an occafion to iU-dif<*
pofed perfons, ity adventiirc and etnbn^ce their malicious intents
and enterprises, which all trtie ftrbjei(^ oiigftr Hd *«dy to ef-
No offender ill chew: (2) Be it thereft)re enaxfted by thi .uutht>r\ty afbrefatd;
ftifuhrvethc 'That none offender hr any kind? of highthcifbrt^^yrtiatfoever
benefit*of ^^^^ ^^» ^'^^^r aiders, confenters, counfcllers ntff abettors, fhall
ianttuarjf. be admitted to have the benefit W privilege of any; manner of
fent^uary, confidering that matters of treafons touch fonieh
' both the fnrety of the Elng otirfovefeign loi«d*rper(bn, and his
heirs and fucceffei-s.
Treafons Jv. And over that, brit enaflhed by amhority afbrefnd; That
our^'Vhe ^^.^"y ^*^^he Ki^ig's fulyefts, denizens or other, do commit or
Fcaim (liall ijc pracfVife out of the limit!? of thfe realm-, hi'any bntWjrd parties^
enquired of any fuch offcnctes, which by this a6l- are m^de, or heretofore
miuchcottn. ftaye been made- treafon, that tlien- fiich tteafons, whatfoe%»cr
fhcv
i 534.] Anno vicefimo fc*to HENftici VIIL 339
they be, or wherefoever they (hdl happert fo to be done or com- ty, and befoi*
mitted, Hull be enquired and prefented by the oaths of twelve ^«<* perfons
good and lawJFul meh, upon good and probable evidence and "ai?aroomt
^itnefs, in fuch fnire and county of this realm, and before fuch bycomrmSioiu
perfons as it (hall plcafe the King's highnefs to appoint by com- tAnd.»6».
miffion under his great feal, in like manner and form as treafons
committed within this r^m have been ufed to be enquired of and
prefented J (3) a(nd that upon evety indiftment and prefentmcnt 7 Co. 15.
found and made of any fdch treafons, and certifiefl into the ^y^'» 3^<>«
King's bench, lLke,proccfs and other circumftancc ftiall be there
had and made igainft the offenders, as if the fame treafons, fo
prefented, liad been lawfully found to be done and committed
within the limits of this realm. (4^ And that ^11 prpceft of Procefsofout-
outlawry hereafter to be had and macle withiri this realm againft '"^ry award*
any offenders in t'reafon, being reCanf Or inhabited but of the J^ ?«**"* any
limits of this realm, or lix any of the parties beyond the fea,. at mainlng^be-
the time df the outlawry pronounced ag;iinft them, ihall be is yond (ea.
good and as effeflu^l in the law to all intents and putpofcs, as 5 &6£d.6.
if fuch offenders had beeh. refident and dwelling within this j:"*
realm at the time of fuch prOcefs aw-arded, and outlawry pro- . l^^ *y *
nodhced. .
V, Apd be It further cnafled by authority aforefaidy That Wlnt an of-
every offender ahd offenders, being hereafter lawfully convid of J5"^^f^" ^r."-
any ioaanner of high treafons^ by prefenfment, con/efllon, vcr- fcji,
iilci or procefs of outlawry, according to the due courfe and 2 Mod. i jr.
cuftonii of the common laws of this realm, fhall lofe and forfeit Co. pi. f.^.!*.
to the King's highnefs, his heirs and fucccflbrs, all fuch lands, l^F^' ^'
tenements and hereditaments, which any fuch offender or of- , Leon.Vi'*
' fenders (hall have of any ellatc of inheritance in ufe or potelDoDp Plowd/5V8,
by any right, title or means, within this realm of England^ or 48«i S5»-
clfeWhere within any of the King's dominions, at the time of ^p''»33a-
any fuch treafon committed, or any time after j (4) faving to ^ Q^*if * , ,
evefy i>erfon ahd perfons, their heirs and fucceffors, (other than , co! 140.
the pffenders in any treafons, their heirs and fucceflbrs, and
fuch perfon And perfon^ as claim to iiny their ufes) alj fuch '
rights, titles, interefts* pofleffions, le^fes^ rents, officer and. other ^^ H ^t of
profits, which they -(hall have at the day of committing fuchothcrf.
^eafons, or at any time afore, in as large and ample manner as Godb. 303. pL
if this a6t had never b^en had nor made* 417*
CAP. XIV.
For ndmindtion of ftiffrdganSy and coHfecrathn of tbeiH.
LpEIT that fitben the beginning, of this prefent parliament^ By whom fiif.
good and honourable ordinances andfiatutes have been made and ^\^^^\^f^A
ejldbliftied for ele^ipnSy prefentationiy confecrationSy andihvejling ?/^and"cl^ed.^'
drchhijhops and bijbops of this realm^ and in all other the Kin£s do^i^ H.«. c. ao.
Tmniony^ with all ceremonies appertaining unto thefame^ as b^Jiindry
Jlatutes thereof made more at large is fp£cified\ (2) jv/ never thelefs
no provifion hitherto bath been made, for ff0ragansy which have been
auujiomid to be had within this realm^ for the more fpeedy admini-
Juration of thefacraments, and ether good wholfom and devout things^
Z a - end
A
340 Anno viccfimo fexto Henrici VIII. [153V
anilaudabli centnonies^ to the incrmfe ofGoffs honour y and far the
Seetfbrthe cammo^ty of good and devout people : (3) Be it therefore enaded
fuffrtgaa by authority of this prefent parliament. That the towns of
***^P** Tbetfordy Ipjimchy CoUhefter^ Dover ^ Guilford^ Smtbamptony Team-
totiy Shaftjbury^ Molton^ Marlborough, Bedfordy Leice/lery Ghcefiery
, Shrew/bury y BriftoWy Penrethy Bridgwater y Nottingbamy Granihamy
Hully Huntington y Cambridge y and the towns of Pereth and Berwicky
S. Germain sin ComwaUy and Xhtijle of Wight y (hall be taken and
accepted for fees of bilhops fuffragans to be made in this realm,
and in fValeSy and the bimops of luch fees (hall be called fuJfra-
Tbebifhop gans of this realm; {a) and that every archbi(hop and bi(hop
ifaall prefent of this realm, and of IValeSy and elfewhere within the King's
th**^*^^f*'^ dominions, being difpofed to have any fuffragan, (hall and may
his fu^Lsms. *^ *^'^ liberties name and cleft, that is to lay, every of them
* for their peculiar diocefe, two honeft and difcreet fpiritual per-
fons, being learned, and of good converfation, and thofe two
perfons fo by them to be named, (hall prefent to the King's
highnefs, by their writing under their feals, making; hum1>le re-
queft to his Majefty, to give to one fuch of the faidtwo perfons
as (hall pleafe his Majefl^, fuch title, name, ftile and dignity of
bi(hop of fuch of the fees above fpecified, as the King's highnefs
The King's (hall think moft convenient for the fame; (5) and that the
»^'^*nceofaKing's majefty upon every fuch prefentation, (hall have full
ruffra|;an. power and authority to give to one of thofe two perfons fo to
his Highnefs to be prefentcd, the ftile, title and name of a bifhop
of fuch of the fees aforefaid, as to his Majefty (hall be thought
moft convenient and expedient, fo it be within the fame pro-.
vince whereof the bi(hop that doth name him is.
II. And that every fuch perfon to whom the King's highnefs
(hall give any fuch (tile and" title of any of the fees aforenamed,
(hall be called bi(hop fuflfragan of the fame fee whereunto he
(hall be named.
The King III. And after fuch title, ftile and name fo given as is afore-
prefenteththe faid, the Kifig*s majefty (hall prefent every fuch perfon, by his
thcarchbiS) '^^^^ patents under his great feal, to the archbifliop of Canter^
^ buryy if the town whereof he hath his title be within the province
of Canterbury y and likewife to the archbiflibp of TorJty if the town
whereof he hath his title be within the province of Toriy fignifying
and declaring by the fame letters patents, the name of the per-
fon prefented, and the ftile and title of dignity of the bi(hoprick
whereunto he (hall be nominated, requiring the fame archbi-
(hop to whom fuch letters patents (hall ht direded, to confe-
crate the faid perfon fo nominate and prefqnted to the fame
name, title, ftile and dignity of bifliop, that he (hall be nomi-
nated and prefented unto, and to give him all fuch conlecra-
tions, benedictions and ceremonies, as to the degree and office
of a bi(hop fufFragan (hall be requidte.
«^e aftJI^rtic '^- ^^^ ^^ '^ ^^^ enafted by authority aforefaid. That all
King's pre- ^"^ every fuch perfon and perfons as (hall be nominated, dedled^
fentation the prefented and confecrated as is afore rehearfed, (hall be taken,
•rckbiihop accepted and reputed, in all degrees and places, according to
the ftile, title, name and dignity that he (hall be fo prefented
unto.
1534-] Anno vicefimo fcxto Henrici VIII. 341
unto,' and have ftich capacitjr, power and authority, honour, AaH ^"^^
preeminence and reputation, in as large and ample manner, vi ^"^ * ^^iSn-
and concerning the execution of fuch commiilion, as by any of ^*
the faid archbi(hops or biftiops within their diocefe fliall be
given to the faid fuflfragans, as to fuffragans of this realm here-
tofore hath been ufed and accuftomed.
V. And be it further enadted by authority aforefaid. That
every archbifhop of this r^alm, to whom any the King's letters
patents, in the cafes afore rehearfed, fhall be dire(5tea, having -
no lawAil impediment, (hall perform and accomplifh the effects
and contehts of this aft within the time of three months next
after fuch letters patents (hall come to their hands ; any ufages,
cuftoms, foreign laws, privileges, prcfcriptions, or other thing
or things heretofore ufed, had or done to the contrary hereof
notwithlbndin^^
VI. Provided always. That no fuch fuffragans, which (hall
be made and confecrate by virtue and authority of this aft,
fhall take or perceive any manner of profits of the places and
fees whereof they (hall be named, nor ufe, have or execute
any jurifdiftion or epilcopal power or authority within their faid
fees, nor within any diocefe or place of this realm, or elfewhere
within the Kinr's aominions, but only fuch profits, jurifdiftion,
power and authority, as (hall be licenced and limited to them
to take, do and execute by any archbi(hop or bi(hop of this
realm, within their diocefe to whom they (hall be fuffragans,
by their commUfion under their feals ; (2 J and that every arch- v^^j autho-
bi(h6p and bi(hop of this realm, for thdr own peculiar aiocefe, ritjr and ben«*»
may and (hall give fuch commiffion or commiflions to every fuch fit liiffragapt
bi(hop fufiraean as (hall be fo confecrate by authority of this ^*l* ^Jk^^^
aft, as hath be^n accuftomed for fuflTragans neretoforc to have, ^^ ^
or clfe fuch commiflTion as by them (hall be thought requifite,
reafonable and convenient; (3) and that no fuch fu(rragan (hall
u(e any jurifdiftion ordinary or epifcopal power, otherwife, nor
longer time, than (hall be limited by fuch commi(rion to him
to be given as is aforefaid, upon pain to incur into the pains,
lofles, forfeitures and penalties mentioned in the ftatute ot pro-
viiions, made in the fixteenth year of King Richard the Second.
VII. Provided always. That the bi(hop that (hall nominate ^ fuffragan^t
the fuffiragan to the King's highnefs, or the fufFragan himfelf refidenceover
that (hall be nominate, mall provide two biftiops or fuffragans J^*,,*^*^^^J. .
to confecrate him with tho archbifhop, and (hall bear their ^^^-^ntforKtbe^^
fonable cofts ; (2) provided aifo. That the refidence of him „cfi^, *
that (hall be fuifragan over the diocefe where he (hall have ccm-
miffion, (hall ferve him for his lefidence, as fufficiently as if he
wererefident upon any other his. benefice; any aft heretofore
made to the contrary notwith(hnding. may haJf^ro
VIII. Be it further enafted. That all fuch fuffragans as (hall beivefices v»ith
hereafter exercife the offices aforefaid, by the commillion of the cure.
bifhop, for the better maintenance of his dignity, may have two ^ep- « &»Ph.
benefices with cure; any former aft made to the contrary ^^^-^ ••*'*°
notwitbftanding. lEl.c.u
Z 3 • CAP.
342 Anno viccfimo.ftito HejnrIci VHL [^514.
CAP. XV.
To avoid exaSlions taken byfpirtiual men in the archdeaconry
of Richmond.
FORASMUCH as divers and jmfiy the King our fiver tignhrdi
fitbjtSiSy inkabited witbii th archdeaconry of Kichmon^ in ,
fSe cflunty ofYoxViy fe, andofhng time have been^ fore and grievcufy
exa£ieiana impoverijbed by the parfons^ vicars and others^ Jiuh as
have benefices and Jpiritual promotims within the fame^ as by taUng
of every per fon^ when he dieth^ in, the nfime of apenjion^ or Gf a
portion^ Jomeiime tie ninth pari of all his goods and chattels^ andfom-
time the. third part^ to the opm and manipjl imfoveri/bing of m^
part of all ttf IGng's foor fuijeifs inhabttcd^ and deceafmg witBin
the fame:'
IL Wherefore be it ordained, ena<5led and edahlifhi^ by tkc
King our fovereign Iord« tbe lords (piritual and tetnpocaly and
the cominons, in this prefent parliament afli^bled, and by the
authority of the feme. That from the f?aft of S. Mark ^he ^au-
,What duties g^lift ' next coming, no mariner o£ foirituar pprTon or others,
(n RkhitionS ^^^ having or that Yrbm the faid ^ft (hall have anjr map^ of
in Yorkfliire benefice or other fpiritual prqmQtion vvitjilu tl^e faid archdea-
'fliall take after cbnry, ;(hall in no Wife ^(H/^ levy, demand or take, after the de-
thc deceafcof ccafc oC any pcrfoji or perfcna, any fuch portions or penfions,
*"eXi ftat 6 ^^^ ^?y ^^^^^ d^ipand or duty Vfi the 'mmi or lieju^ of die fame,
f ^ . '^* * ■ upon pain to incut fuch dangers,^ forfeitures and penalties as be
contained in the ftatute ofpri vitora, mad^ tlic, five a^d t wenti^
year of the reign of your, naoft noble proMoitoj: ^ing Edward
the Third \ (2) but tnat all aijid every thf King's fiAje<^ of
fhe faid archdeacoiiry, and their executors, and admiiunraJtors,
from henceforth (hall be ordered* intreated and ufed fpr their
goods and chattels^ after their deceare,'ialik)e manni^ry form,
|;t H. 8. C.5. order and condition, as is contained in the. ftatute mjide in the
o;ie and twentieth year of* your mo(l noble and vidorious reign,
for probate of teftament^ and. vipxM^ otherwKe^;. su^y uf^ Qulkun^
Kull, compofitipn, prefcnptipi; or ordinaQce heretofore ha^I, ob-
tained or ufed to the contrary, within ijie ^fqrefaid arcl^de^con-
. ry, in apy wife nptwitbitanduigr
CAP. XVI,
An all fqr tbe making of worfieds in tbe city of Norwich,
and in the towns of 'Lynn and Yarm^outh.
ytecita; of the TXT'HERE at d parU4ment helden at London the fifteenth day of
Jtat'irf rfUt- Vy April in the fewrtiatth year, of the rdgn.of cm fovereign Icrd
wfrltcd wcav. ^*' ^^ that. now isy and from. tVenee.adjoumed to We(faninfter the
crsuf Norwich', ^^A ^^ ?/* J^'Y ^» the fifteenth year of our fiid fovereign i^td^ and
and thofe of there ended\ it was ordained^ enacted and efuAhfistd^T^t tbe craft f-
Lvnn and f,fen called worfied-weavers. inhabiting in the town of Great YaV-
the'«»mity 0" ^^^^^'^ J^^^d have power and authority by that Aet.from theneefor-
>Jorfo!k. made '^^^^^ ^^ ^l'^^ ^^ ^l^^^fi y^^rly for cver^ on tkeMonAay next ofur
ia 14.H.S. C.3. tbefeaji ^Pcntecoft, cne hontjl man of the myftcrycni cc€upattcn cf
1 534*) Anno wffiroo f«to Henrici VIII. j4 j
^orJiid^VHOfHrSy kn^ m bwfiklier wkbin the faid t^vm of Great
Yarmouth, and hmnng of his pr^r goods and chattels ta the vabie
ofiL. li. at the /ftf/?, 9r lands and tenenunts to his mn ufe oftftate of
frtehoU at the 1^ to the clear yearly value of xx.s, to be warden of
the fame craft and tnyfiery of luorAed-weavirs for tlyeyear next enfu'-
ing^ which fnan^ fo ete&ed and ebefen^ fiould perfenaHy appear before
tbt mayor of thfi city of Norwich for the time beings the Monday
next after the feajt ofQotp\x% Chrifti then next en/king^ then and
tbtre to befmrn and charged by Uke oath concerning the true andfub-
fioHtid making ofworfteds^ fays andftamins tvitlSn the faid town of
Great Yarmouth, as the four wardens of the faid city of Norwrch,
by virtue of em a& of parliament made tn tbefiventb ytar of King
Edward tie Fntrth^ were charged and fworn fnr the fame city of
Norwich. And if the faid mayor happened to be abjent the faid
Monday next after Corpus Chrifti, or elfe then refufed to receive or
take the find oath^ then tbefmd warden fo ek£f^ withmfonr da^s next
after thefime Monday, flhidd tome before the bailiffs of the faid
town of Great Yarmouthy^r the time beings er before one ofthem^
the ether being abfent^ and then and there receive a corporal oath for
the true exemjing of the fame office of wardenjbip^ after the tenor of
the oath accufionMy ufed to be given to the f^d wwrdins of the faid
city ef^oTYfich'y and then the faid warden of the fiiid town efGrc^t
Yarmouth for the time beings fo elected and fijoenty mgbt ordain
and appoint a fedly with this letter Y. te be graven in thtfamefealy
and might havefuU power and authority to wem^fearcb^ feize and
Jeal in lead vdib tikfamefeal^ fo to be anointed and efi^aruenyand
none other^ all worfiods^ Jays andjlamins within the /aid towh of
Yarmouth, andjldmrbs eftbefame-i made or be made^ and not eUe^
where^ in as large andampk manner as- the fluid wardens ^ the find
city ofIivt\9k\ and the watdenr.of the cowety i^NorMk, or any
of them^ had within the faid city or county ^ or in any wife may do in
that behalfbyanthoriiyvr virtue of the dforeremembredaSt^vtiadein th§
faidfeventh year of King Edward the Fourth : any thing in thjtfimo
eantmntd to the eotUrary thereof notwitbftanding. And that noper-^
fan inhabiting within the faid town ofQitcoX Yarmouth, orfuburbs
thereof fioM weave any worfieds^ fays or Jiamins within the fame
town^ exuept hi bean Englithmaii bom^ and had been apprentice to
the faid ocestpation^ and without he weaved therein fuch proper marks
asfhotdd he limited and appointed by the fend warden of the fend town
for the time beingy ele£i and fworn as is aforefaid, upon patn of for^
feiture thereof ti the King oter fovereign lord 5 and that every %mrden
of the faid town fimild limit di/Hnit andfeveral marks to raery of the
faid worfied-weavors of the fame toam of Great Yarmouth, and the ^
fame marks by the fiTta^wetden' to be regifircd in a book.
And alfo it wasfwrtlnr enaiied^ That if and whenfoever the town
cf Lynn Jbonid be inhabit^ with tenfundry houfioldersj or more number
of houfiolders^ exercifing and vfing the faid craft or myflery of wor^
jied'-xveavees^ then and from thenceforth^ that ts tofay^ as long as the
fizme tyjon of Lynn jbodd be inhabited with, the number of ten fuch
hou/holdtrs at the leaft^ it Jhmld be lawful to the fame inhabitants of
/he f lid tozvn ^/Lynn yearly^ in the Monday next after the feafl of
Z ^ Pcat«;r
g44 ^^'"^ vicefimo f<ato Hcnrici VIIIv tiBSA^
Pait£6oft, /0 ^i^/7 Old chdcfe $/ themfihis mi warden 0/ the foii
iraft and mj/iiry jfvmfted^eaversy to be of the vabu in lands and
geodSy as is aferefidd of the warden ^Yarmouth ; wlmh warden^ fo
eleSf^ Jbwld yearly be /worn and charged at the feud city of Norwich,
in lite manner and at like day^ as is before Sndted to tie wardens of
Yarmooth} cr^ in default of the faid nmyor of 'iiormAi^ then the
fead warden^ Jo t\ be eU£l for the pid town of hynn^ tetakeatar^
poral oath befere the mayor of the faid townj within fiub time^ and
after fiuh form^ as is before limited unto the faid warden of Yar-
mouth. And that thejmd warden of the faid town of Lynn for the
time beings fo eleit andfivom^ by himfelf might ordasn and appoint a
feal with this letter L. to be graven tn thefeaU and might have full
power and authority to view, fearch^ feize and feal in Uad^ with
the fame feal fo to be graven^ and with none ether^ all werfledsjjays
andjlamins within the faid town of Lynn andftAurbs of the fame^
modi or tobemade^ andnot elfewhere^ inas large andan^b manneryos
the faid warden of the faid city of Norwich^ and the warden of tho
faid county ^Norfolk, or any of them had within the faid city or conn-
ty^ or otherwife might do by authority or virtue of the eforefmd aS made
in the laid feventh year of King Edward the Fourth \ any thing con-
tainedin tbejame aSt to the contrary notwitManSng*
And that mperfon Inhabiting wiUnn the Jmd town ofLynnorfi^
urbs thereof fieuld make any worfteds^ fays or flandns^ within the
fame town^ except he were Englim born^ and had been apprentfee to
the fame occupation^ and without he weaved therein ffuh proper mark
asfl>ouldie Umited and appointed by the faid warden of the Jianu town
of Lynn for the time beings upon pain of forfeiture tinreof to the
King ourfoverelgn lord. And that every warden of the fmd toum
fhotdd Umt diftin^ and feveral marks to every of the fmd UDorfied-*
weavers of tie fame towuj and the fame marks by the find warilen to
he regi/lred in a book.
And it was further enaSledj That from thefeaft rf St, Michad
the archangel then^next following^ untofuch time as thejaid town of
Lynn/ho^ be iahabitea with the faid number (ftenhoufbeiders of the
faid craft of %vorJled-weavers^ and altfu^s after j when the member
of ten boujholders Jbould happen to fail^ andnot be inhabited in the
faid town of Lynn^ the faid wardens of the faid city of If ormichy and
theirfttccejforsj ftmtld procure and caufe one of themfeheSf or one of
the wardens of the faid craft of the Jaid county ofNorfoXk^ perfonaHy
to come and ie^ every eight and twentieth day from and after the
faid feafl of St. Michael the archangel^ in ana to' the faid^ town of
Lynn, or within fix days next after every fuch eight and twentieth
days and there to continue andahde by fo long time as he nughtfearch
and feal all fuch worfteds^ fays andftawms nu^de in the lame town of
Lynn, as then Jbould be brought to him to be fealed ivtthin thejpace
of one whole day. And the fmd inhabitants of worfled-^woavers of
the fame town of Lynn beingj Jbould content and pay to the faid war^
dens ^Norwich ^r Norfolk, which Jbouidfo come to Lynn in the faid
eight and twentieth day^ or within the fix days next after the twenty^
fjghth day^ fcr his cofls and expcncesy for every time that be fimld
'534*1 Anno vicefimo iexto Henkici VIII. 345
fc come U Lynn, bawan tbefeqfls ^5/. Michael the arcbangil and
the Annunciation of our hufy St. Mary^ iii. s. and for every timo thai
hejbouldfo come to the find town of Lynn between thefeefi of the An*
nunciation of our lady and the fiajl of St. Michael the archangtly
ij.s^ Jnd if the fend inhabitants ofworffed-wiavers ofthcfaid town of
I#ynn did not content and pay to tbejaidwarden^ coming to Lynn tn
form afonfaidyfor bis find cofts andchargos^ thofaid three flnmngs or .
two Jhillings as is above limited^ then the fame inhabitants /hoidd forfeit .
eindpay to thefidd warden^ or to his executor s^ for every fuch default
afpaymenty xl. s. And if none cf the faid wardens ^Norwich and
Norfolk come to the faid town of Lynn for the caufeaforefiud^ in man^
ner and form dove remembredy toat the faid wardens of the faid city
^Norwich jbould forfeit and pay to the find inhabitants rf'LyniXf of .
the faid nr/flery cfwerfied-weavers^ for every fuch default^ xl. %.for
recompence of the penalty and forfeits ; the faid wardens ^Norwich
or Norfolk being thereunto intituled by that ait by its proper name^ with
this addition^ that is tofiay^ Unius gardianoriun, ^nupcrtinius
gardianorum artis five myfterii textorum jpanni lanei vocat, wor-> .
fieds in civitat. Norwic. vol com. Nort. as the truth reqmreth^
fhould and might have aSlionofdebt by writj bill orpkdnty inanycom^
petent or UnMl court of this reabn^ c^ainA the inhabitants ofLyim^ of
the faid myfteryfor the time beings by their fundry proper names^ and
the Jaiditwabitants by their /aid namesj with this addition^ Textoram
panni lanei vocat. Worfteds jnhabitantes villse de Lynn, Jboidd
and might have lite a^ion of debt againft the faid wardens ^Norwich,
iy the name of Gardiani artis five myfterii textorum pannorum
laneorum vocat. Worfteds infra civitatem Norwic. vel com.
Norf. to be ufed in good congruities of Latin and form of the laws
of this realm \ in which a&ionsy or any of them^ none effoin^ pro^ .
te^ion or wager of law flmdd befufferedor allowed ; and that the
particular bodies or goods of any of the faid wardens or inhabitant Sy
being condemned in any of the fasd a^ionSy Jbould and might be put
in execution^ after fuch manner and form as is ufed in an aSiion of
debt by courfe of the common law of this realm.
And moreover it is ena^edy That all cloths of worfledsy fays and.
JlaminSy made within any of the faid towns of Lynn and Great Yar-
mouth, or fuburbs of tie famey or any of tSemy and marked with
fuch marks as Jbould be limited to the makers by the faid wardens of the-
faid towuy in manner and form as is abovejaidy and viewed andjealed
by any of the faid wardens of the faid towns of Lynn and Yar-
mouthy inform remembredy by force and virtue of the faid ally might
be lawfully put tofale by the owners and makers of thefamcy wifh^
aut any other marking or fealing upon the fame clothsy or upon
any of themy to be had or made of or upon any of the faid clothSy
for lack of any other Jials or marks \ any thing contained in the.
faid feventh year of fiiing Edward the Fourth to the contrary not^
vntl^anding.
And moreover it was ena£ted% That every era ft [men of the faid
my/lery and occupation of worfied-makingy dwelling within any of the
faid towns of Lynn ana Yarmouth and fuburbs of the famey at their
mn free-ivillf and liberties from tlmcrforth for evp\ might have
end
^^6 Arino vicofimo fexto Hbn&ICI Vill. [ 1 524^
and iah apprmiiii pr apprentiasy bdi^ tnaity rf tbi age ^ idi^.
yean and upwarij and bnng the King's naiuralJuijaiiSy far una of
fe^fen years^ and net under ^ fe that mm tf them exceed tie utember
cftwoatencej to karny a/i and exerdfe the fmd craft within mber ef
thefmd twa towns ef Lynn and Great Yarmouth andfitbnrbf ^tia
fanuy albeit the father of tie faid apprentice or apprentices migit net
expend in lands or tenements to the yearly vake of twenty Jhsl&ggs ;
any aS or ordnance to the contrary madoy or to be made^ noHtntb-
Provided atwcfs^ That the fame atl^ or any thing therein ton-'
tmnedy Jbould not in any wife be hurtftd or prejuMcial to the mayor
ofHoemchy or to hisjStccejffor, or to the wardens of the find city or
county or to their fuccefforSy in any pointy article y power or authority j
other tbanftr wtaving^ fearching andjealing of the xvorfiedsy fsys
andftandnsy made or to be made onfy wiehin the faid towns ef
Lynn Aii Yarmouth^ orfuhurbs rfU>efame or any ofthemy and for
Uniting of marks to the makers of werft^y fays aidjtamins^ otdy in-
habiting in either of the faid towns y or fithurbs thiereefy and taking
of apprentices inform above rem^mbred ; but that the faid mayor of
the laid city of Norwich, and wardens of the fame city and county y
and emery of themy might have and u/e all other pointSy articles^
powers and authorities contained and fped^d in the above remenArd
ait made in the (aid feventh year of King Ldward the Fourthy as weS
for the ftarihy fealingy corrosion and reformation of the faid
wardens newfy to be eU&edhy ihevirtueof the fame a&yond every of
themy accor^ng and after fitch form as they might do or ufe ^ of
the faid wardens of the faid city or county^ by force of the find a£f
made iu the faid feventh year of King Edward the Fourthy as oB and
every other enquiriesy corre^ionSy fearcheSy feizings and reformat
tions to be had fir the true making ofworfiedsy fays andflaminsy in
and upon any perfon or perfonsy as well vntbin the faid towns of
Lynn and Yarmouth as withouty mthout troubley lety or vexation
of any of the inhaUiants of the faid townsy in as large and ample wifcy
as they might have done iefore the making tfthejaid act ; at^ thing
contained in the fame act to ibe contrary notwithfianding.
And alfo it was further provided and^ enaSedy That the faid eraftf
men of worfted-weaverSy hihabiting or afier that to be inhabiting^
within either of the faid towns of Lynn and Yarmouth, orfubstrbs of
the fame ^ and the merclxintSy or any other perfon or perfonSy which
Jhould happen to buy of the fame crafifmeny or any ofthemy or any other
perfon any of the faid cloths ofwor/ledyfays andjtaminsy made or to be
mode Tvithtn either ofthefmd towns df Lynn <7a^ Yarmouth, and
fealcd hy the faid wardens ofthejkme townsy tob^ eleif and fivom as is
nforefiidy and any of them^ Jhould not J^eOTy dye or put in colour y or
calkuder anywcrftedSy flandns-orfaysy made or afier that to he made
within either of the faid towns of Lynn and Yarinouth, andfitbterbs
cf thefomcy in any other place or places^ but only within the faid city
^/"Norwich, or juhurbs of the famcy upon pain of forfeiture' of every
piece ofworfledy fays or famivSy to be made within any of the faid
towns of\jjx\.n and Yarmouth, or fubttrbs of the fame y or the 6alu£
thereof y Jhcrns dyed^ coloured or calUndred by any cf the faid craftf-
rneny buyers cr mer:kcT:t:. in any other phce or places y^tJ?an in fh
faid city ^f NoDTw^th, ok fuhrhs tf tht Jim y thf me ba^ibm'i^
of to kt U tbi King, ^r ftruen^n brdy mi thito^hw btdfiben^f
to fiicb farfm or pnjdrn ai ^lifetztibtfinne^ fo thqi thfaii
-zvor/ieds brought to the /aid dty. of NoNiich ta hejhosn^, ^dy co-^
loured^ and talkndr^ t^kbout com og craft of any of the fond inbabi-^
tanfs and mtrckants^ might bejboru^ dyed^ coloured aMcalbndnd
at and by as convenwu price or trices^ and in ifi ready wife^
as the faid inbabitiants of either of the Jaid taums of ^yi^ and
Yarmouth, and merchants buyers of the feud worftedty or. other
cf the faid dty and county had had in timet pcfi^ or afttt thatfbould
have. And alfa that the faid inhabitants and merchants^ md every^
cf theniy fo bringing the faid worjkds to the feime dty to befiorny
dyedy colmred and callendnd, were reafonably and lawfulfy intreated
acearding to the, faid ^^ f>^^^. w the Jaid feventh year of King Ed-
-ward the Fourth^ and the ordinances made andaffirmedy or thereafter
to be made and affirmed for the faid myftery, without let or dijiurbance
contrary to the fame a^ or ordinances in that behalf
jtttd it was. further ena&ed^ That no. perfon or perfms. any-time
after that Jhould convey or tranjport into any of the parts beyond
the fea^ any manner of cloths 9r worfledcy b^ore. the fame ihtbs werd
fburny dyed^ cdoured and callendredy upon pain of forfeiture of the
value thereof i the one half to the XSng our foverei^n lordj and the
ether half thereof to the party that will fue therefore by aStson or
ft/cdnt of de^t in af^ of the King's courts i iit wbtckaBionot Mt
no proteSiip^ -pr .^ffm.Mt be ftlhwed^ nor, the^ d^endf^^adndfte^
to. wage his Um^ as by the. faid q^ hereof mi(ide, mort^.^infy afr
peareth j 'which aft «jtfi maae to endure untj the ne:^ Mrljamcntm
tuhereby it is now expired. In conjideration wbereof\ amforafmuch
as the fame act is a good andn^ceffixfy ait for the true making of wor-
Jieds^ fays andfiamins^ and very cmmodious andfrofitedde fhr the
increafe of the laid towns of YzrctioxxUti and Lyna^ b^iMbeoefioTft
enaded bv the King our fovfrdgi) lord, and the lords fpi*
ritual and tempgral, and the cprnmons, in this grcfent paF-Thcfore-
liament aflembled. That the f^me aft, ancl cvei^ irticie, fen-f^^"^^
tcnce and provifion therein, contained, fhall from henceforth j, h. «.c.ii.
be continued, and ftand for ever in full ftrength and virtue.
CAP. XVII>
For lejees to be difcbarged^ for paying any thing for their
leffprt tp.dfe Kingj by reafou of the aS of fitfirfrmts.
FO R certain rcafonabie and urgent confiderations moving ptrmors o«^'
the king's moft high court of jarliament, it is ordained fpiritua? per-
and enadted by authority of the fame, That al| and lingular ions fliall not
fermors and Mies of any manors, lordfhips, lands, tene- P>X any^firft-
QMnts or other, hereditaments, paribnages, v>oah»ges|> to^[™|j[^^^^
tjons of tythes, or other* whatfoever profits or oommoofti^s ed to the^ '
belonging, to any anchbiihop, bifhop or other prelate, or fpi-Klng.
ritual perfon or perfons, or Spiritual body sorperate or politick,
whereof any lirfl-fruits or yearly penfion of the tenth part ig
granted to the King our (bvtreignlord in this prefent feiHon.
fA the faid court of parliament, (hall be difcharged, and not
2 chargeaj>!c
34l Anab videfimo ieptiMo Henrici VnL [1535.
diargeaUc to pay to our faid fovcreign lord, of his or thei''
proper money, coft or cbaige, for or in cfifcharge of the lefii/
or l^rs, owner or owners of the fame, by reafon of any
covenant, bargain, bond, condition, claufe of re-entry^ cr
other thing heretofore made or concluded ; (2) but that every
of the faid leflbrs and owners and their lucceflbrs, Ihall be
charged and^ chargeable to pay and fatisfy the fame of his azui
Aeir proper coft and charge, to the Kling oar fovereign lord,
his heirs and fuccefibrs, according to the ^nt thereof; any
covenant,, bargain, contra<ft, bond, condition, daofe of ro^
entry, or otho* thing heretofdre made or concluded to ths
1 £1. c. 4* contrary thereof, in any wife notwithftanding.
CAP. XVUL
EXP. The King^s pardon to all his fubje<5k of all felonies, trelpafles,
and offences not excepted.
Statutes made at Wejiminfier Anno 27 He n. VIII-
. and^m JD^/Ti. 1535.
ACTS made in the Jtffion of this prefent parliamiMtj
boUin upon prorogation at Wdhninfter tbe fourth
day ^February in thefeven and twentieth year of the reign
of our moft dread fovereign lord King Henry the Eighth^
and there continued and hepf till the fourteenth day of wApril
next enfuing^ to the honour of God^ and for the common weal
and profit of this his realm^
C A P. I.
PR. For tht rc-^ifying of JVi//%A<7W, Ghcejler^ Northampton^ and
other towns.
CAP. II.
REP. I Ed. (. It fliall be high treafon to counterfeit the King's fign-manual,
CIS. f.S. privy-fignct, or privy-feal.
CAP. III.
REP. 31 H. s. A reftraint ^ the ckaAions taken by the mayof ahd common-
c. jj. alty of the town of Hull.
; , CAP- IV.
For pirates and rohbers on thefea.
The mconve- 'VJil HB;KS pirates^ tlneves^ reUers and nmrJerers upen thefea^
niende$ot*tlic VV nm^* times efcape unpuni/hid^ becaufi the trial of their tf-
Ifti'th?'*'^ -^^^^ ^/* *^r*/?/irif been ordered before the admiral^ or ins lieutenant
courfe of the ^'' ^^if^^ V^^ the cmrfe of the civil lawSy the mture ivhereof
ctvUlaw. «, that before emy judgment of death cm be given again/I tbe oK
finders^ either they muji plainly confejs their ofente^ {which they will
nrjcr
1 535-] * Aan^ viccfimo &pdmo H£NRXCI Vm. * .349
nru^ da vntbmt tmure orpaim (cr ilfe thHr pfflmces befo pUnfy
and dinllhf proved by witnejes indifferent j fuch asfaw tbeir offmus
coffunittedy tvhicb cannot be gotten but ^ ehance at few titms^ be^
laufefmh offenders commit their offencec upon thefeaj and at manj
tirms murtDcr and kill fuch perfons being in the Jhip or boat where
they commit their offences^ which Jhould bear witnefs againft them
in that behalf j and alfo fuch as Jhould bear witnefs be commonly
mariners and Jhipmen^ which for the moft part cannot begotten m
had always ready to teJHfyfuch offences^ becaufe of their often voyages
andpaffages in thefeas^ without long tarrying or protrafflon of time ^^
and great lofts and chargesy as well of the /Gng^s highnefs^ as of
fueh as woiud purfue fuch offenders : (2} for reformation whereof,
beitenaAedby authority of this prefent parliaf^ent, That.all Before what
fuch offences done in or upoix the fea, or in any other haven, peHonsof-
river or creek where the admiral or admirals piieteod to have ^?cet com-
jurifdiAion, /hall be enquired, tried, heard and determined in S!ffef flSSbe
fuch (hires, and places in this realm as (hall be limited by the heaid and de-
King's commiiTion to be direded for the fame, in like form and termined.
condition as if fuch offences had been done upon the lands (3)
and that fuch commiffions (hall be had under the King's great
feal, directed to the Jord admind or admirals, or to his or their
lieutenant, deputy or deputies, and to three or four fuch other
fubftantial perfons as (hall be named bv the l6rd chancellor
for the time being, as often as need (half require, to hear and '
determine fuch oftences after the common courfe of the laws ii
the land ufed for felonies done and coounitted within this
realm.
IL And be it enabled by the authority aforefaid, That fuch By wfiatfurort
perfons to whom fuch cbmmiffiqps (hall be direded, or three of the fame of-
them at the li^aft, (hall have full power andrauthprity to enquire ^*"*Si^or*
of fuch offences, by the oaths of twelve good and lawAil men •"^'*"*** *
inhabited in the (hu-e limited in their commiflion, in fuch like
manner and form as if fuch offences had been committed ll{K)n
the land within the fame (hire \ {%) and that every indidment
found and prefented before fuch comnulTioners, of any felonies,
robberies, murders or manflaughters, done upon the feas, or
in or upon any other haven, river or creek, (hall be good and
effe<fhial in the law ; ^3) and if anv perfon or perfons happein
to be indidled for any fuch offence done or hereafter to be done
upon the feas, or in any other places above limited, that thta
foch order, procefs, judgment and execution Ihall be ufed,
had« done and made, to and againft every fuch perfon and
perfons fo being. indlded, .as againft felons and murderers
for murder or felony done upon the land, .as by the bws of
this realm is accuftomed \ (4) and that the trial or fuch offence, xhe trial,
if it be denied by the offenders, (hall be had by twelve men iudmemt and
inhabited in the (hire limited within fuch commifGpn, which forfeiture of
(hall be direded as is afoj^faid, and no challenge to be had for ^^*^*" ^
the hundred j («) and fuch as (hall be convidt of any fuch of- P"'**^^'
fence, by verdia, confeftion or procefs, by authority of any
fuch commidion, (hall have and fuffer fuch pain^ of death,
lo(res
35P Annd ^kt^fimb tepom HsMilCt VIII. Jln^
loffis of fandt, gowis and chattel^ a^ if ttiay had Ibeenconiia
of afw fdonies or mardors datxt upon the land«.
aenrv (hall '^ ^^ ^ '^ ciUKaed by aiiriiotity afomfilid, Th^ for rob-
not l^aHowed terics, ftlonies and mtmters doiie upon the fi^as^ or in any other
to piratLB. placet above rehearfed, the offenders Ihall not be admitted to
have the benefit of their tlergy, but be utterly excluded there-
of, and alio of the pfivitege dfznj fanAuary.
Thines taken ^ ^* Piwidcd alway. That this a<a extend not tti be prcjudicid
upon rfic fea ^ hottfol to any perfon or peribns fot taking of any viduals,
by neceflity. cabli», TOpes, anchors or faUi, which any fueh perion or per-
fens^ conipelltd by neceffity^ t^keth of or in any other %,
which' may ccmvenientiy Ipare the fame, fo that the htit perfon
^ ' or perfons pay tfut of haxKi for the fame vi^al^ xMes, ropes,
anchors or faUft, ftioney or money-iwonh, to the value of the
thin^ fo takern or deliver for tlie fitnie a fufficient bill oHigatorj
to be paid iti fbrift following; th^t is td fay, if the taking cf
the faln« things be on this fide ttie ftrlut^ c^ Afatr&iy then to be
-. iMud within four months ; md if it be beyond the faid ftraits d
f Afarraij then to be paid v^ithin t#elve months next enfiuigthe
making of ibch bills i dnd that the makers of (bch billi wdl znd
thdy pay the lame debt at the day to be liviiiibd viiAm the bid
htifa* -
Coramiffion« * V. fftbvidtid aiway^ That ii^henfoever any fiich comiTiiirion
direaed into far;the flutlKhmeflt of the oflfences aforefaid 4^11 be direaeJi or
the five ports, ijni ^ afiy place vriAJfi the jurifdidion of the ivt pom M
fhen evdiry fueh eomnriffion ihoU be direded mto the krivr-
den of the fame ports for the time l^eing, or to his deputy, and
-' I" ' unto thvee o^ four facb other p^erioh of ^rfons^ail th^ tonl chan-
- ceilor (tt the time being fliaH ntme sfnd appoint ; any thing in
' /' . thir preleht aft to the contrary ther^ in any wife nbtwith-
' 'ftandihfc
Vi; Proi^ded alfo, That wh^foevef ihiy cotnmifflen (hafl be
difeAdd iht» the iive portri fot flie In^ifition and trid of any of
tfaeotfbiees eitpftfftd M thii ^<5k,^hat every fuch inquifition and
trhri to b«[ had by virme of fuch commiffion,- (hall be made and
aSH s c I < had by the ihh«bitants in the faid five ports^ or the members d
the ftnnej afty thing in this aA tb the contrary the.rcofnotvkTtb-
(landings
CAP. V. ^ ;• -;
Por lie making ofjujlices of peace within Cheftcf ahd^^^^*
Ir^HK Ksr^^s highmfi eonfidering the manifiU nbkeries^ ««^*^'
L rifeftSy tnfpaffes^ tfiots^ rmts^ imbraceria^ irNtifttAmntu t
preffioni^ ruftwra rf his piace^ and many 4ihir m^faSfSy iMch htcn
dady pra&tfid^ perpetrated^ committed and dem xvithin Ms mnti^
and ccmty pahtines rf Cheftcr 0td Flintlhire in Wales, a^^^^'l
ti the /aid cowtty cf Chefter, arid alfo in Ms omHties ^f Ang|i«i
othirwifi called Anglefey, Cayemarvan and Merconeth, a//*
- hisfnindpaUtyoflionh-vr^ltSyandal/iinhiseountictefC^^P^
UicU^ut^on Cayermartheny Pembroke and Glamorgan, in SouthAYalcs ; h
reajm thai emman juftice bath net been indiferensfy mintjlftd it<rr%
535-] Anno viccfimo fepciino Henrici VIIL 35 1
jke and infiuhfirm as U is in 9thtr phfis ^fthis his teabfiy by na- of jafticc the
w wherra/'tkejaid murders^ rMerieSf thifis^ tnfpqffis and brtakh^ caofc of dif-
fthtpiOiti haw nmaintd unpunijkedi U. tbi great animatiM $fewU orders.
Wm in the fame cwktries \ {l)for ndr^s and amfmtatiM whereof^ Seffions to be
nd t0 the intent that one irder cfminijlrtng of his lawsjheaidbe had^ hdd but twice
bferved and ufid in fh^fame^ as in other places of this realm of Eng- ^^*^*5
and is had and ufed^ It is ordained alid ena^ed by the King our ^^ h.^ c.4j.
orvereign iord^ and the lords fpirkual afid tettiporai, and the
ommons, in this prefent paiiiament aflembled, and by the au-
hority of thfi ferm> That the lord chancetlor of England^ or the ]«**«« of the
Drd keeper of the great feal for the time being, from time to JjJ^J^^^^^
ime, and at atl limejt, (hall have full ^&wer and authority, bf eaol'deiivcKy,
4s (fifcretion^, io nominate ahd appoint jufttees ef peace, juftfcei Onll be affign-
if the quotum^ and juftices of gaol-deBvery in the fiiid couinties ^. "* "rtaia
>f Chejierj Flinty Ang^ej^ Kayermruan^ Mereonethr CatdigaHi v^JSi^and
Kayermerihen^ FenAroke and Gkmotgahy by commifffionimder their autho*
he King's great feat, which fliall have foil power and authoritjf rity.
0 enquire, he^r and detenniA6 all manner of thing and- things
nquirabie, prefentable or determinable before juftices of peace^
uftices of qwfunhi and Jiiftioes of gaoWdrfivery in other ihires of
tiis reaim of Engiand^^ by force or virtue 6f any (Mtie or Aamtes
lade and to be made^ or by the eourfe of the eommon-Ia^s of
Ms reafan^; (3-) and that tfie faid juftices of peace, jufticesof
uGTum^ and junicts of gaol-ddiveiy, fe to be tMMA <aAd api- . ^ ,^
•ointed by the faid4ord chancellor or lewd keeper of the gr«it
^al, and ^erv of vKen^ (hall hatve Wbt power and wthority
within the fald counties of C&j^fy'j-jWf^^ AngUfey^ KayefHafvan^ « ^
\fereoUtth^ Cardigan^ Kayermartheni Pembrde and Ghmofgan^ tb
o, ufe arid execute every thing and thi^s, as other juftices of . . , i
eacc, quorum and gaol-delivery have within anr other of the
Kires of this realm of Enghnd-y (4) and alfo mall be fwom,
ftri<fted and bblleed to the keeping of thehr feffions of the. . [,
eaces and te the due Execution of all and iktgular (faitut^ and \. ..i:
^dinanecs^ mad^ and to be made, itl Kke ftaitfier and iorm\
nd under Hke pahw' and penaltie^j as* juftices of pe^Kre, juftice^
f qttmm and gaol-delivery iri odier (Hires of thte t«dm ef
Inglmi been sind (haH be bouviden am) <)briged; any iSt^
tatute, prcfcription, ufage, cuftom,- Kberty or privil^e, hadv
nade, accuftomed or ufed, to fh^ contrary notwkhA^ndmg^
FI. And' it is further enaAed by the authority aforefeid. That wheiv tlw
he eftreats of the iflbes, fines and amereiaments taxed, fet, loft eftmts4»f tlie
r fbffdted by or befoi*e fvieh juftices of the peace,- fu$ntm and particular
acKdcBvery in the faid counties of Ghfler and FUnt^ Aa» be waS ftiu be
etumed and certified into the exchequer of CAgffrr before the returned,
wing's chamberlain theye.
Hi. And that the' eftreats of the iflhes, fines and amercia^
nents, t»ced^ fttj loft or forffeitcd by. or befiire the' juftices of
eace, quontm and gaol-ddivery in the faid <*ounties of Kayer^
arvan and Menonethy and cVety, of them, rtialt b^ returned ,
nd certified imo the King^s exchequer i/t Kdyemarvan^ to and
•efore the King^s chamberlain oi i^orth-fFiaUs.
IV.
35*
Where the
iherifiilhail
make their
accounts of
ifiiies, finet .
snd amercia-
meuti.
The iuftices
and clerk of
the peace*t al-
lowancet*
Inferior offi-
cers ftiall be
attendant to
Axino vicefimo fepdmo Henkici VIII. [ 1 535.
IV. Afid that the eftrtats of the iflues, fines and amcrcb-
snents, taxedy fet, loft or foifeited by or before the juftices of
the peace, qmmm and gad-delivery in the faid counties of
Kaytrmarthen and Cardigan^ and every of them, (hall be return-
ed and certified into the King's exchequer at Kayirmar^bin^ to
and before the King's chamberlain oi SinUhrWaliS.
V. And that the eftreals of the ifiiies, fines and ameixja*
meats, taxed, fet, loft or forfeited by or before the juftices of
peaoe, quorum anid gaol-deliverv in the county oi Pembroke^ ftiall
be letui^ned and certified into -the King's exchequer at PenAr&ke,
VI. And that the eftreats of the iffiies, fines and amercia-
ments, taxed> fet, loft -or forfeited by or before the juftices of
peace, fMtffvm and gaol-delivery in the faid county xiS Glamorgan^
fliall be returned and certified in the King's exchequer at C^iir-
^: (a) And that the (aid eftreats of the laid i(nies, fines and
ameiciaments, certified and returned into every of the forefaid
exchequers, (hall be indented in fuch like manner and form a»
is ufed in the King's exchequer at Wefimnjier : (3) And that
the faid Juftices of peace and qmrum^ or gaol-delivery in every
of the (aid (hires, (hall dired^ fuch like procefs by eJtreats in-
dented with the eftreats certified into the faid exdiequer, to die
(beriflr of cvoy of the faid counties, for the levying and gather-
ing of the faid iflues, fines and amerciaments, in fuch like man-
ner and form as is ufed by the juftices of peace, quorum and
gaol-delivery in every other of the (hires within this realm {£
England % (4) and that every (heriff of every of the faid (hires
(hail make their accompts in every or the faid. exchequers, of
and for the faid iflTues, fines and amerciaments, upon the ex-
treats to them direded in manner and form as is ufed in the
King's exchequer at Wiftm^n^
VII. And it is alfo enaSed by the authority aforeiaid, Thar
the faid juftices of peace and clerks of the peace within the faid
counties of Gheft^r^ PlifHj ArtgUfeyy Kayemarvivh Mfnonetb^ Car^
digan, K^ermartben^ Pend^r^ and Glamorgan^ and every of
them,, (hall be paid and allowed of the bii iftiies, fines aiul
amerciaments, fuch like fees, profits and commodities, as other
juftices of peace and clerks of the peace in other (him of this
realm have and ought to have.
ViU. And it is further enaded by authority aforefaid, That
the (heriff or his deputy, and all otner his mmifters in all and
levery of the faid (hires, and all coroners, .high conftables, petty
conftables, and all other ofiicers within every of the faid Ihires,
(hadl be obliged and boimden to be as well attendant unto the
faid ju(lices of peace, quorum and gaol-delivery, in all and every
thing and things concerning their authorities, as in executing
and returning of all precepts and proo^fies to them diredted by
any of the faid juftices, in like manner and form, and under
like pains and penalties, as all and every (herifFs, coroners and
other officers, be and (hall be boundea and obliged by^any
fiatute or coznmon law, in other (hires of this realm of England ^
V any
535*] Anno vxcefimo fcptimo Henrici VIU. 35^
ny aA, ftatute, prefcription, ufage, cuftoaiy liberty or privil^e^ 31H.S. c.41,
ad, accuftomed or ufed to the contrary notwithftanding. . 34&35H.S.
CAP. Vh
The Mil fin- the incteafe of horfes.
rHE King (mrfivireignkrdcontinmlly/iudyingfhr the advanu^
ment^ augmentation aniincreafe of the publick weal tfthis his
talm^ catling to his mojl gracious memory the great decay of the gg-^
eratton and breeding of goody and fwift and Jlrong horUSy which
erstofore have been bred in this realm^ to the great defence^ profit
nd common commodity of the fame \ and now remembring that hke
reed of horfes is fore aiminijhed and decay edy the occafton whereof is
bought to proceedy for that in many and mofi places of this reabny The caufe of
mmonly little horfes and nags offnallflature and value he fuffered the decay of
7 depafiurey and alfi to cover mares and fillies of very fmauftaturey ^® breed of
y reafon whereof the breed of good andftrong horfes of this realm is ^^^^*
ow lately diminijbedy altered and decay edy and farther is like to decay ^
ffpeedy remedy be not fooner provided in that behalf
II. The King's highnefs willing therefore to provide remedy
1 that behalf, by the advice of the lords fpiritual and temporal^
nd the commons, in this prefent parliament aflembled, and by
he authority of the fame, hath ordained, enaded and eftablilhed.
That tsexs perfon and perfons, as wdl fpiritual as temporal,
f what eltate, degree or condition foever he or thev be, which Owners and
t this prefent time, or at any time hereafter, (hall have any farmers of
ark or ground inclofed with hedge, ditch, wall or pale, where- ^J^^^lS*" ^
1 any S&ex is, or hereafter (hall be, ufually kept for game, Con- £ccp mhm.
lining the Quantity of one mile in compafs, and is or diall be
dfed thereof in fee-fimple, fee-tail, or for term of life, in pof-
iflion, to his or their own profit and behoof, that every fucb.
vvner of every fuch park and ground being in his own hand^
nd every fermer of every fuch park or ground being let to fcrm>
cm the firft day of Mayy that (hall be in the year of our Lord
rod I537» (hall keep for every fuch park or ground being in-
lofed as is aforefaid, as long as the fame park or ground in-
ofed (hall be ufed, and kept with deer in the fame for games^
vo mares being not fpayeo, apt and able to bear foals, each of
lem of the altitude or height of thirteen handfuls at thtf 1»A,
> be meafured from the bweft part of the hoof of the foot unto
le higheft part of the (houlder, and every handful to contain
>ur inches of the ftandard, upon pain of forfeiture of xl. s. for
/ery month's* lacking the fame marcs contrary to this acl ; (2)
nd that every fuch owner or fermer of park or ground, whereof
le compafs is four miles and above, upon pain afore exprefled, >
lall keep for every fuch park four mares being not fpayed, apt
nd able to bear foals, of the altitude or height of thirteen hand-
lis at the leall, to be meafured as is afore faid.
III. Provided, That if it (hall happen any of the (aid mares
y mifchance or cafualty for to die, that then the lord, owner
r owners of the faid mares, providing or buying others of like
right and altitude as is before limited, within three months next
Vol.. IV. A a ftfitr
354
Maret (hall
not be cover-
ed with imall
horfes*
To what
cx>unties this
ftatute ex-
tendeth not.
Spiritual per
fens may fell
Anno viccfimo feptimo Henrtci VIII. [i 535.
after the death of the &me mares, (hall ndt incur the dinger
^nd penalty of this eftatate -, any thing before refhesuibd to thk
contrary notwithftanding.
IV. And it is alfo enaded by. authority afardaid. That the
lords, owners and farmers of all parks and grounds mclofed as
is above f chearfed, limited and appointed by this id tb keep
mares, (hall not at any time after the fuid firft day df Alaj^
>¥hich ftiall be 'in the year of om: Lord God 1537. wiliinglj
fuffer any of the faid mares to be covered dr leapt with any
fton^ horfc under the ftature of fomteen hdndful, to ht
meafured in form afore rchearfed, (2) upon pain of forfeiture of
xl. s. The moiety of all fuch forfeitures fhall be to the King
car Ibvereign Lord, and the other moiety thereof to the party that
■will fue for the fame in any court of our faid foVereign lord thfe
King, by adlion, bill, plaint, information. Or otherwifci in which
adiion or iiiit the defendant ihall not be admitted to wage his
Jaw, or any protedion' or eflbin {hall be unto the defendant
allowed in that behalf.
V. Provided alway, That this aft extend not to charge the
4ord, owner or owners of any park or ground indofed within
the counties of IVeJlmorelmdy Cumberland, NdrthUffiberlUhd and
the bilhoprick of Durham, nor any of them, to keep anv
mares for any park or parks, ground or grounds indofed as is
afore faid, lying in the laid counties of tVeflmoreland, Qimbertani,
Northumberland and the bilhoprick of Durham, otherWiTe than
they have or might have done before the making of thi^ aA ;
(2) nor alfo (hall extend to charge the lords, owner or owners
of any park or parks, or grounds inclofed, with the finding of
^any mares, the herbage oF which paric or parks is common to
the tenants and inhabitants of the tovmfhips next adjoining to
<he fame park or parks -, any thing in this prefent adt made to
the contrary hereof notwithftanding.
. VI. Provided alfo. That every ipiritual perfon and perfon^
charged and chargeable by this a<a with the finding of mares.
theincreafeofjnay lawfully bargain and fell the increafe and breed of their
cir marcs. ^^.^ ia?j:ts ; any aft or afts heretofore made to the contrary
in any wife notwithftanding.
CAP. VII.
For the ahufes in tbeforejis of Wales,
Arehearfalof^lX/HERE divers and many forejls being in Wales, and the
divers unlaw- VV marches of the fame, as well of the inhetitance and poffijjiani
*"\*"^w*^" of our fovereign lord the King, as of divers others being lords march-
Wales.
^rtoras that ^^ > within which forejls certain unreafonable cujloms and exa^icm
wei-e in fome hove been of long time unlawfully exacted and ufed, contrary both ts
forefts in the law of God and man, to the exprefs wrong and great i?T^m/erijb'
ing of divers of the King^s true Jtibfe^s, (2) the effe^ cf which feiS
unlawful exa^ions and cujloms be hereafter declared-, thai is to wit,
it hath been there unlawfully ufed, that if it fortuned any of th€
King*sjiibje^s to pafs, go or ride through or in any way or path qJ
any of the faid forejls^ not having upon him or them that fo fiall for-
tune
535*1 Anno vicefimo feptimo Hrnrici VIIl. ^Si
me to pafSi go or Hdiy a token diUvertd to hrm or them by the chief
^re/fers^ rukrSy walkers or farmers^ the ivhich token fl>all be well
town amon^ all them that are walkers and rulers under htm or
hem ; or that he or they that fo Jhall fortune topajs^ go or ride in or
trough any ofthefaidforejls^ be not yearly trtbutors or chenfers'^
ben he or theyfo goings ridtng or travelling in or through any ofthi.
lidforejisj having no token^ nor being yearly tributors or chenfers^
5 is aforefaid, have ufed to pay by unlawful exa^ionsj unto the faid
crejlers^ rulers ^ waliers and farmers of the faid forefts^ a grievous
'ne or reward: (3) and if any perfon or perfons^ not having fuch
oken or tokens^ and not bang a yearly tributor or a chenfer^ as is
forefaid^ Jhould happen to be taken^ found or efiied by any of the faid
orefters^ ruler s^ walkers or fhrmerSj or their affigns^ bythefpaceof
ixiw, foot out of the highway^ then he or they Jo being taken^ found or
fptea out of the highway^ within any of the faid forejls as is afore^
aidy to forfeit andlofe unto the faid foreJlerSy rulers^ walkers or far-
ners^ ail fuch money or gold as Jhould be then found upon him or them
0 being taken in any of the Jaid fore/ts^ out of the highway y as is
7forefaid.
II. Jnd alfi the fame perfon orperfonsfo being taken or found out
f the highway, to forfeit and lofe a joint of one of his or their handsy
)relfe to make fine therefore with the faid foreftersy rulers ^ walkers and
^armors J at the will andpleafure of the faid ruler s^ walkers or far--
Tiers.
III. And if alfo that it happen any beaji or quick cattle to comey go
fr efcape into any of the faid forejls byjlray or thief-Jloleny or other^
wijCy the faid foreJlerSy rulers^ walkers orfarmcrSy after knowledge
to him or them giveUy have Kkevnfe unlawfully ufed tofeife and take
the fame beqft or cattle as his or their owny and mark them with the
marks of their forejl there ufed, andfofeifedy marked, takeny and them
retain as cattle forfeited unto their otvn ufe ; by reafon whereof the
nvner and owners of the fame cattle have been clear without remedy
for the having again of the faid cattky except only by way of redemp^
tion or buying again of their own cattle, contrary to all equity and
tonfeience: (2) in confideration whereof, it may pteafe the King's Noexaftions
highncfs,with the aflcnt of the lords fpiritua! and ttmpoTal, and ?**^! ^^^^jJ^J'^
the commons, in this prefent parliament aflcmbled, and ^V ^c JJ^^^*^'
authority of the fame, to cnaA, ordain and eftablifh. That
from the feaft of the nativity of St. John Baptijl next coming,
which will be in the year of our Lord God 1536. all the ia^d
unlawful cuftoms be determined, void and had for naught
throughout all and every of the faid for^fts witliin fixates nad
the marches of the fame.
IV. And that it (hall, be lawful frOm thenceforth to all aqd All the King's
every the King's true fubjecfts, and all other perfon or periblts ft»bjcasand
being in league and amity with our fovereign lord the King, his ^"ft*^!^*^
heirs and fucceflbrs. Kings of Englandy freely, quietly, and in through all
peace to pafs and repafs, travel, and go into and through the the forefts in
faid forcfts, and every of them, both on horfeback and on foot, Wales with-
as well following and driving of cattle, as with carrying of war^s, ^",{1*^^^^.
or otherwifc about their lawful bufinefsand ainairs, withdut f^i'^^^ionsf
A a 2 anv
35^ Anno vicefioio leptimo Henrici VUL [i£3S*
any fii^, forfdture, toll, cuftom, exa&ion, or other unpofitiQa
to be tucen, exaded or demanded of then^ or any of.them, by
the faid forefters, rulers, walkers, farmers, or their afiigns,
(2) And if it (hall chance or happen any of the faid forefters,
rulers, walkers, fumers or their affigns, or any of them, at any
time after the £ud feaft of St. John Baptift^ to take any perfbn
or perfons, being the King's true fubjedts, or otherwife in lea^e
and amity with our fiud fovereign lord, his heirs or fuoceflbrs.
Kings of Engkmdy as is afore&ud, and exadt and take <^ them,
ol^?«^ or any of them, any of the faid forfeitures, fines, tolls, cuftoms
take unTawfiil ^^ exadions, as is above mentioned, and be thereof lawfully
'wcfrf^nf, convidted, that then he or they fo dding and offendii^ contrary
to this a£t, to incur and ftand in the dangers of me ftatute
heretofore provided for robberies by the King's hijghway, and
the fiune to be tried before the juftices of the peace in their next
(hire adjoinant, according to the law of this realm of England.
Gtftleftraycd, V. And further be it enadted by the authority aforefaid. That
being re- ^ if any manner of beaft or quick cattle of any of the Kin2;*s true
5^*^^^"^ fubjeds, or others of the King's firiends, at any time after the
be re-deliw- ^^^ feaft of the nativity ot St. John B^tijt^ do come into any of
cd to the the faid forefts by (bays, thieNftolen or otherwife, and there be
owner. marked and feifed by any of the faid forefters, rulers, walkers,
farmers or their al&gns, or any of them, and the owner and
owners, of the fame cattle, within one year and a day then next
enfuing, chance to find the (aid cattle fo taken, and lawfdlly
prove the fame to be his or their own proper cattle, that then
the fame cattle to be re-delivered to the owner or owners thereof,
according to fhe ancient law of this realm of England^\ the (aid
owner and owners reafonably paying for the keeping of fucb
catde after the rate of the time that fuch cattle fhall have been in
the cuftody and keeping of any fuch forefters, rulers, walkers
and ftomers, or his or their aHigns, in fuch manner and form
as heretofore hath been in like cafe ufed to be done by the law
of this reahn, of eftrayed cattle claimed and proved by the
owners within a year and a dav next after the feizing of the
' fame cattle s (2) and if any of the faid forefters, rulers, walkers,
farmers, their affigns, or any of them, do deny the deliverance
of any fuch cattle, by them or any of them fo feifed or marked
within any of the uid forefts, after the owner or owners of
them (hall have duly and lawfully proved them to be his or their
own proper goods and chattels as is afore faid, that then every
The penalty fuch forefter, ruler, walker, farmer or their affigns, fo doing
for detaining 5^4 offending contrary to this a<ft, to forfeit and pay unto the
cattle ftrayed. ^^^ ^^v^ the double value of all fuch cattle as ftiall be fo
taken and marked, and not re-delivered to the owner or owners
as is aforefaid: (3) and that the party grieved may have his
aAion of detinue at the common law, of and for the lame cattle,
againft every fuch offender or offenders, and the fame to be
tried in the next {hire adjoinant ; in which action the defendant
(hall not be admitted to wage his law, nor eflbin nor protection
(hall be fdlowcd for tb^m : and like procefs of outlawry to be
had
r55*] Anno vicefimo feptimo Henrici VIIL 357
d and ma4e in jthe faid aAion of detinue in the next ihire
joinant, againfl every forefter, ruler, walker, farmer or their
igns, fo offending contrary to the tenor of this a A, as in an
don of trelpafs ^t the common law of this realip is uiled.
CAP. VIH
V a£l that jf be Kit^s ffmtual fubjtBs JhaU pay no tenths
of their fpiritual promotions for that firfi year for which
they paid their ftrfifrmts.
TyTHERE by a laU aEf made In this parUamenty for and cm*
r V cerntng the grant made to the Kitt/s highnefs of the tenth of
e yearly value of fill fpiritual pojfijjions of this realm and of the '
fl -fruits thereof there appear eth by the words of the faid a^y that
elates and all other incumbents be charged to the tayment ofth$
nth thatjbatt be duf to the Kin^s highnefs in and for the fir ft year
at they JhaU be eleSfed^ prefeSfedj prefented^ collated or admitted
any aignitieSy benefices^ or other promotion fpiritual^ (2) and for
^e fame fir ft year paU aljo pa^ the whole firfl-fruits of their Jaid
gnitieSy oenefices and promotions^ which is a double charge: (3) NofiMiitasI
>r reformation whereof, thp King's highnefs, for the entire P^<^ns (ball
id hearty love that his Grace b^reth to the prelates and other W*^^***^**
icumbcnts, chargeable to the payment pf the fiud te^th and thcy^iy S^
rft-fruits, of his excellent goodncfs is pleafed and contented firft.fnmi.
lat it be enaAed by authority of this pr^fent parliament. That «6 1|. %, p. i,
yhenfoever anjr perfon or perfons, from the firft day of Mofy ^^*
7hich (hall be in the year of our Lord God one thpufand five
lundred thirty and fix, (hall be named, prefeAed, prefented,
ollated, or hy any other means appointed to have any arch*
^ifhoprick, bi(hoprick, abbacy, monaftery, priory, college, hof--
Tital, archdeaconry, deanry, provoft(hip, prebend, panonage,
ricarage, chauntery^ free chapel or other dignity^ benefice or
>romotion fpiritual, by virtue whereof they (hall be charged or
:hargeable, as well for the payment of the tenth of every the
aid archbi(hoprick, bi(hoprick, abbacy, monaftery, priory^
rollege, hofjpital, archdeaconry, deanry, provoftlhip, prebend^
)arfonage, vicarage, chauntery, free ctiape), or other dignity^
benefice or promotion fpiritual, as with the payment dF the
irft-fruits of the lame, and every of the fame, (nail tt his or
:heir compofition, agreement, or entry into fpecialty or fpeci-
dties for the payment of the faid fim-fruits, have allowance
and deduction of the faid tenth part of the whole out of the
Turn to be paid for the faid firft-miits for the year wherein he
or they (haul be firft nominated, prefeAed, prefented, collated,
or by any other means appointed to have any of the faid dig-
nities, benefices, offices, or odier profhotions fpiritual, accoid-
ing to the juft rate, taxation and feilment of the tenth of every
enhcfaid archbifhoprick, bilhoprick, abbacy, monaftery, priory,
college, hofpital, archdeaconry, deanry, provoftfhip, prebend,
parfonage^ vicarage, chauntery, free ciULpel or other dignity,
A a 3 benefice,
55* Anno viccfimo feptima HSNRICI VIH. [ 1 5^*
benefice, office or promotion fpiritu^ within this realm, or
elfewhere within any of the King's dominions, of what |>aiqc,
nature or quality foever they be, or to whofe foundation, pa-
tronage or gift foever they belong, now being inroUed; or tfiat
hereafter (hall be inroUed in the King's exchequer, or in any
other the King's courts of record.
tvtry perfon H. And be it further enaAed, That e^ery coBvniffiioner or*
authorized to commiffioners^ or other the King's oflkers or minifters^ or any
SttSSr* ^^^ ^*^ perfon or perfons, which cither by authority of any ad of
nlay dedua parliament, or by cpmmiffion or commiffions under the King's.
the tenth part great feal, or otherwife by his Grace's commandment, or by
out of the the commandment of fuch as by his Highnefs (hall be ai|tho-
frft-fruit*. rizcd for that pyrpofe, be appointed, auigncd or deputed, or
that hereafter mall be appointed, authoriz^, aligned or deput-
jcd to compound, agree and receive bonds and fpedalties to
his Majcfty's ufe, for payment of the faid firft-ftnita of every of
the faid dignities, benefices, offices or other promotions ^iritu*
al, (hall and may by force of this aiSt, from the (aid ^rft day of
May for ever forwani, have authority to doduft and aUow unto
icvery fuch perfon or perfons as ftom the aforefaid firft day of
M9 (hall be nominated, prefe^ed, prefented, collated, or by
any other me^s appointed to have any of the faid archbi(hop-
rick, bi(hoprick, abbacy> nionaftery, priory, college, hofpital,
archdeaconry, deanry, provoft(hip, prebend, parfonage, vicar-
age, chauntery, free chapd, or oUier dignity, benefice, office,
or promotion Ipiritual, the tenth part of die whole, as is afore-
faid, out of the fame firft-fruits for the year wherein he or they
i}iall be firft nominated, prefedted, prefented, collated, or by
any other means appointed untp every of the &me, as is afore-
faid, without any further fuit to be made to the King's high*
nefs, and without impofition^ exaAion or other charge to be in
any wife demanded or exaded of the perfon or perfons fo prefer-
red, for the allowance unto them of the faid tenth, for the faid
firft year, in form above exprefled ; any thing or things in the
faid a<£): of the grant of the (aid tentn an4 firft-firuits to the
contrary notwithftanding^
He th^it h^th m* ^^^ i^ ^^ ^'^ enaAed by the authority aforefaid. That
l)i8 tenth de« all and every perfon and perfons, that upon his or their com-
diiftcdout of pofitipn and agreement for the firft-fruits (hall be deftilked and
(half '^a^if r ^'^^^^ *'^^ ^^^^^ 9^^ ^^ ^^^ whole fum of his or their dig-
theKmgl ^ nities, benefices, offices or promotions (piritual, for the year
):.ane »o/ wherein he or they (hall be nrft nominated, prefedlcd, prefent-
ed, collated, or by any other means appointed unto any of the
fame as is abovefaid, (hj^Il yield and pay the faid tenth part unto
the King's majefty, his heirs and fucceflors, the faid hrft year,
in like manner and form, and at fuch day as is limited in the
JTaid ad of the grant of the faid tenth and firft-fruits ; any thing
contained in this a£t to the contrary notwithftanding.
What remedy IV. Be it further ena<ftcd by the authority aforefaid. That in
^e fucceiTor fuch cafes where the fucceflbr of any incumbent fliall be chaiigc-
• ' " ' able
^535^1 Anno vicefimo fepdmo Henrici VIII. 359.
able to the payment 'o£ fuch fums of money as (hall be due of^allba.ve,who>
and foe the faid tenth that ihall happen to be behind unpaid in i> compelled to
the time or lifeof»his predeceilbr, there every fuch fnccef&r may F^hh predSS^
lawfully 4iftnun £ach goods and chattels of his predeceiTor as ceflbr.
ihall happen to be and remain in and upon the dignity, bene-
fice or promotion (jpiritual, of the which the fame tenth was
behind and unpaid in the life or time of his predecefibr, (2) and
to vetain the fame goods and chattels till fuch time as the £iid
predecefibr, if he be alive, and if he be dead, then his execu** ,
tors oradminiftrators, or fuch other to whom his goods or chat-
tels ihould appertain, have fully fatisfied and paid fuch fums
of money as mall happen to be behind and unpaid of the faid
tenth ; (3) and in cafe the laid predeceilbr, his executors, ad-.
miniftratoFS, or fu^h other to whom his goods or chattels fhould
appertain, within twelve day$ next after the diftrefs thereof, do
not fatisf^ the faid fums of money, being behind of the iald
tenth as is aforefaid, that then for fuch default of payment, it
fhall be lawful to every fuch fuccefibr to caufe the (aid goods and
chattels fo diffarained, to be praiied by two or three mdifFerent
perfons to be fwom for the fame ; (4) and according to the iame
appraifine, to (ell. fo much thereof as (ball amount as well to the
full (atisfa^on of the (aid fums of mone^being behind and un-
paid of the faid tenth in the life or time of his predeceflbr, as«
for the reafonable cofts that (hall be fpent by the occafton of
di(faainine and appraifing of the fame goods and chattels ; (5)
and in cafe no fufRcient goods and chattels may be found in or
upon fuch dimities, benefices or promotions Ipiritual, for the * ^
fatisfadion of the faid tenth, being behind unpaid, as is above-
faid, that then the predeceflbr by whom fuch tenth was due to
be paid, if he be alive, and if he be dead, then his executors,
adminifhators, and other to whom his goods and chattels (hall
appertain or belong, (hall be compelled to the payment of the
faid tenth being behind and unpaid, as is aforefaid, by bill to
be purfued in the King's chancery by the fucceflbr, that (liall be j^^ » & Ph
cbafgeabie for the fame, or elfe by adion or plaint of debt to be ^ M*c.^.2Lni
taken or commenced by fuch fucceflbr, by order of the common revived by lElp
laws. c. 4.
CAP. IX.
Butchers may fell fie(h during two years, as they did before the
making of the ftatute of 24 H, 8. c. 3. and 25 H, 8. c, i. not- EXP.
yrith(lai)dii)g the fame lUtutes.
CAP. X.
/in a3 concerning ufes and wills.
WiERE by the common laws of this realm^ lands tenements and » Co, 1 13,
hereditaments be not devifabU by tejlamenty {^) nor cught to be ^ ^°"- '♦•
transferred from one to another^ but byfalemn livery and feiftn^ matter Lanc^oi '
cf record^ writing fuffictent madf bona (ide, without covin or frauds How by the
{3) 7^^ neverthelefs divers andfundry imaginations y fubtle inventions common law
jondpraniees have been ufed^ whereby the hereditaments of this realm Jan^s ought t©
IWf be$n eopveyedfrqm one to iinother by frauMint feoffments^ fines^ frolTon/^.
A^ 4f r^^^- foptoMoUi^r.
360 Anno viceiuno feptifiio Henricz VIIL i^SiS-
s Balfir. itst nmferus and §tbir ajfuramts traftihf made ufiarH ufa^ intnos md
C^bolt ^^^ ' ^^^ anddjh by wilis ana ie^aments^ Jmetime modi ij nude
p{^5^ ^'* parolx W wdrds^ fmitimi by frgnt and toienSy and fimetinu by
wriiingj Mdfir the meji pan muk by ^^
Jicknefi^ in their extreme (ponies and pains y er at fiub time as tbef
havefcanthf had any good menwry er remembrance i{^)ae wHeb times
they being provoked by greedy and eoveteus perfins htngin^xmi abent
them^ do many times difpoje indifireetfy and tmadvijedfy their lands and
Several incon- if^beritances ; (6) *y rea/on %vhereof\ and by occabm ofwhieb Jrau-
▼eniencies en- dulent feoffments^ JineSy recoveries and other Uie affitrances ta ufes^
fuing by con- confidences andtru/tSj divers and many heirs have been nnjuftfy aejOM-
yeyancc of ^ ^^ ^;^^, dijberttedy the lords have lofi their wardsy marriageSy re-
and bythe dc- ^*^fiy harriotSy efcheatSy aids pur fair fits chivalier, & pur file nu-
vifmg them by rier, (j) and Jcantly any perfon can be certainly affured of any lands
wills. hy them purchqfedy nor know fur ely agmnft whom they fbaU sye their
SR0IU609 ^»7, a^iQfji or executions for their rightSy titles and duties ; (8) a^ men
•Roll i7o,335» ^^^^^^ *^' ^^fi ^^^^^ tenancies by the cwrtefyy (9) women thnrdew^
^36- ' * ^J» ( 10) mantfejl perjuries by trial ofjiuhfecret wills and ufts have
Popb. «i, 70* been committed^ (11) the King^s Ughnefs hath bfi the profits and ad-
Lloyd V. Spil- y^ntages of the lands of perfins attainted^ {i%) and of the lands craf-
Hill? 174^' //^ put in feoffments to the ufes of aliens bonty (13) and aUi the
profits ofwajiefor a yea^ and a day of lands of felons attaintedy ( 14.)
and the lords their efcheats thereof \ (15} emi many other VKonve^
niehcies have happenedy and daih do encreafe among the Kin^s fiib-
jeSlSy to their great trouble ana inquietnefiy and to the uttef fnb-
verfton of the ancient common laws of this reabn;^ (i6) for the
extirping and extingui/hment of all fiub fubtle pra^ifed feoffmentSy
finesy recoverieSy abufes and errors heretofore ufed ana auufiom--
ed in this realmy to toe fubuerjion of the good and ancient laws of
the famoy and to the intent tiat the Kin^s highnefsy or an^ other
' his fuhje^s of this reaim^ fhaU not in attf wife hereafter by any means
««iiv« •'* inventions be deceivedy damaged or hterty by reajon offiuh trufts^
of^lLSsOaif ^f'^ ^^ confidences: f 17) itinay plcafe the King^s moft royal ma-
be in him or j^^y* 'I'^^at it may be enaded by his Highnefs, by the afifent of
them that the lords fpiritual and temporal, and the commons, in this pre-
haye the ufe. fent parliament aflembled, and by the authority of the fame, in
' Leon 6^^i c "^^'^^^'^ *^^ f^**"^ following; that is to fay, TTiat where any per-
3 Cr. 903' ^^^ ^^ pcrfons ftand or be feized, or at any time hereafter ftull
V Co. i6t. happeni to be feiscd, of and in any honours, caftles, manors,
t Co. 94.. lands, t£nement3^ rents, fervices, reverfions, remainders or other
V ^' El***6 hereditaments, tp the ufe, confidence or truft of any other pcr-
pK^. ' ^ * . fon or perfona, or of any body politick, by reafon of any bar-
Cro. Jac. 6. gain, fale, feoffment^ jfinc, recovery, covenant, contraA, agree-
4oi» 453* ment, will or otherwife, bv any inanner means whatfoever it be;
Cio. Car. 44. ^Yi^^ \^ ^ygrj' fuch cafe, all and cyery fuch perfon and perfi^ns,
T Anderf. 337. ^"^ t>odies politick, that have or hereafter ihall have any fuch
Bro. feoffni. ai ufe, confidence or truft, in fee-fimple| fee-tail, for term of liie
ufci 55, 56,58. or for veafs, or otherwife, or any uie, confidence or truft, in
Plowd. Ill, remainder or reverter, (hall from henceforth ftand and be feized,
ja«or859, deemed and adjudged in lawful feifin, cftate and pofieffion of
pi. XI So. and in the fan^e honour^, caftles^ manors, lands^ tenements,
rents.
t535] ^'^^ vicefimo fcpdmo Henrici VIIL 361
rents, fervices, leverfions, remainders and hereditaments, ^th ^>y^tisSf*i5»
their suppurtenanc^s, to all intents, conftrudtions and purpofes ^74* 309, 340,
in the hw, of and in fuch like eftates as they bad or (hall have c^LiuiSj.bl
in ufe, truft or confidence of or in the fsipe ; ( 19) and that the 137. au %7%! al
eftate, title, right and pofleifion that was in fuch perfon or per- sS;, a.
• fons that were, or hernfter (hall be feized of any lands, tene-
ments or hereditaments, to the ufe, confidence or truft of any
fuch perfon or perfons, or of any body politick, be from hence-
forth clearly deemed and adjudged to be in him or them that
have, or hereafter (hall have, fwdi ufe, confidence or truft, after
fuch quality, manner, form and condition as th^y had before, .
in or to the ufe, confidence or truft that was in them«
IL And be it further enaAed by the authority aforefaid. That Aflurance
where divers and many perfons be, or hereafter (hall happen to madeof diven
be, jointly feized of ^ in any lands, tenements, rents, rcver- ^ ^^ ^^ ^^
fions, remainders or other hereditaments, to the ufe, confi- ^^ <>»««
dence or truft of any of them that be fo jointly feized, that in 13 Co. 55, 56.
every fuch cafe that thofe perfon or perfons which have or here- % KoU %^.
after ihall have any fuch ufe, confidence or truft in any fuch
lands, tenements, rents, reverfions, remainders or heredita-
ments, (hall finom henceforth have, and be deemed and adjudg-
ed to have only to him or them that have, or hereafter Ih^
have any fuch ufe, confidence or truft, fuch eftate, pofleflion
and feifin, of a^d in the fame lands, tenements, rents, rever-
fions, remainders and other hereditaments, in like nature, man- .
ner, form, condition and courfe, as he or they had before in
the ufe, confidence or truft of the fame lands, tenements or he*
reditamentss (2) laving and referving to all and fmgular pcr-g|^^g,^^
fons, and bodies politick, their heirs and fuccefibrs, other tlian right of ftraa-
thofe perfon or perfons which be fdzed, or hereafter fiiall be gers.
feized, of any lands, tenements or hereditaments, to any ufe,
confidence Qr tryft, ijH fuch right, title, entry, intereft, poflei-
fion, rents and a^on, as they pr any of them had, or might
have ^d b^ore the makii^e of this aptf
III.' And alfo faving to sm and (tf>gular thofe perfons, and to Saving of the
their heirs, whiph be, or hereafter (hall be feized to any ufe, all right of the
fuch former right, title, entry, intereft, pofleflion, rents, cu- ^^ffccitoufc.
ftoms, fervices and aiSHon, as they or any of them might have J^j^'*^'"T*
had to his or their own proper ufe, in or to any manors, lands, , Aaderi: s^.
tenements, rents or hereditaments, whereof tney be, or here- tRoll 105)14.5^
after (hall be feized to any other ufe^ as if this prefent zA had 7 Co. 39.
never been ^d nor made ; any thing contained in this ad to ^^^ |^|*
the contrary notwithftanding. . pj. j^^. *
IV, Am where alfo diveri perfons Jland and be feized ef and in Jones 179.
cny lands J tenements or hereditaments^ infee-Jtmpk or otkerwife^ to
the ufe and intent that feme other perfon or perfons Jball have and per^
eeive yearhf to them^ and to his or their heirs^ one annual rent ofx. li.
or more or lefsy out of the fame lands and tenement s^ and fome other
perfon one other annual rentj to him and his ajftgnsfor term of Ufe or
years J or for fome other fpecial time^ according tojuch intent and ufe
as hath been heretofore declared^ limited and mttde^ thereof:
3^1 Anno vice&na ftpdmo Henhioi YHl [< 535-
Land aflured V. Be it llierefore enadled by the authority aferefaid^ That in
******^^idbB ^^ fuch cafe. the fame perfofis> Acir heirs and affigns, thai
p^ out ^^^^ ^^^^ ^^ ^^ iotereO, to have and perceive any fodv an-
theredf to nual rents out of any lands^ tenements or hereditaments, diat
ibme other, they and every of them, their heirs and affigns, be adjudged
1 Andeif. 175, ^tm deemed to be in p<^Eeffion and feifin of the fame rent^
^^ of and in fuch like eftate as they had in the title, intereft or ufe
of the faid rent or profit, and ai if a fuffident grants or other
lawful conveyance had been made and execut^ to them, by
fuch as were or fhall be feized to the ufe or intent of any foch
rent to be had, made or paid, according to the very tiuft and
intent thereof , (2} and that all aild every liich per^ and per-
fons as have, or hereafter (hall b#ive, any title, ufe and intereft
in or to any fuch rent or profit, (hall lawfully dilkain for ncm-
payment or the faid rent, tad in their own names make avow-
ries, or by their bailiffs or fervants make coni&nces and juffifi-
cations, (3) and have all other fuits, entries and vemedres for
fuch rents, as if the fame rents had been aAually and really
granted to diem, with fufRcient claufes of difbefs, re-entry, or
otherwife, according to fiich conditions, pains, or other things
limited and appointed, upon the truft ain) il^tent for payment or
furety of fach rent. ^
A woman (hall VI. And be it further ena^ed by the authority aforefaid^ That
not have both whereas divers parfons have purchafed, or have eftate made and
dowTr o7hcr* conveyed of and in divers lands, tenements and hereditaments
liu(band*t unto mem and to their wives, and to the heirs pf the hufband,
lands. or to the hufband and to the wife, and to the heirs of dieir
Co. yl f. 17U two bodies begotten, or to the heirs of one of their bodies be-
'^* gotten, or to the hufband and to the wife for term of their lives,
* ^' ** or for term of life of the faid wfe ; (2) or where any fuch eftate
or purchafe of anv lands, tenements, or hereditaments, hath
been or hereafter mall be made to any huft>and and to his vn£c^
in manner and form expreflfed, or to any other peribn or pa*-
fons, and to their heirs and afligns, to the ufe and behoof of
the faid huft)and and wifb, d^r to the ufe of the wife, as is be-
fore rehearfed, for the jointer of the wife; (3) that ^en in
. every fuch cafe, c^'ery woman married, having fuch jointer
$)y«-', Vi, 97, ^^^^ ^^ hereafter to be made, (hall not claim, nor have title to
a«g; \^zl »66*, have any dower of the refidue of the lands, tenements or herc-
3,i7> 340. ditaments, that at any time were her faid huft)and's, by whom
Lo. Lit. 36. b. (]^e hath any fuch jointer, nor fhall demand nor claim her dower
of and againft them that have the lands and inheritances of her
faid hufband $ (4) but if (he have no fuch jointer, then fhe (hall
be admitted and enabled to purfue, have and demand her dower
by writ of dower, after the due courfe and order of the com-
ptxon laws of this realm ( this aA, or any law or provi/ion made
to the contrary thereof potwithftanding.
Awomanfliall yn. Provided alway. That if any fuch woman be lawfully
thole wlVc ^'fpu'f^^* ^ eyiacd from her faid jointer, or from any part
U rea>°ered!^* thereof, Without any fi^ud or covin, by lawful entry, a&on, or
j^oor 717. ' by difcoi^tinuwfc pf .bpr hwfbaRd^ fhpn cvpiy fuch yfOfnsux (haH
*535-] Anno vicefimo fcptimo Henrici VIIL $6^
"be endowed of as much of the rcfiduc of her hufband's tene-
ments or hereditaments, whereof Ibe was before dowable, as .
the fame lands and tenements fo evidled and expuUed ihall a-
mount or extend unto.
yilL Provided alfo. That this aft, nor any thing therein women here-
contained or expreiTedy extend or be in any wife hurtful or pre- totbrc mar- *
judicial to any woman or wpmen heretofore being married, of, ried.
for or concerning fuch right, title, ufe, intereft or pofleiHon, as
the^ or any of them have, claim or [nretend to have for her or
their jointer or dower, of, in or to any manors, lands,, tene-
ments, or other hereditaments of any of their late hufbands^
being now dead or deceafed ; any thing contained u[i this ad, to
the contrary^ notwithftandin^.
IX. Provided alfo. That if any wife have, or hereafter (hall A iointure
have any manors, lands, tenements or hereditaments imto her ™***^, ^^^
given and allured rftcr marriage, for term of her life, 6r other- bc^lwm o?*'^
wife in jointer, except the fame aflbrance be to her made by aA refufed by the
of Darliament, and the (aid wife after that fortunk to overlive her wife.
faid hulband, in whofe time the fiud jointer was made or af^ ^^'' 5^***
fured unto her, that then the fame wi& fo overliving (hall and
may at her liberty, after the death of her faid hu(band, refufe
to have and take the lands and tenements fo to her given, ap-
pointed or a(Iured durmg the coverture, for term of her life, or
otherwife in jointer, except the (ame aflurancc be to her made
by Z&. of parliament, as is aforefaid, (2) and thereupon to have,
aJic, demand and take her dower by writ of dower or otherwife,
according to the common law, of and in all fuch lands, tene-
ments and hereditaments as her hulband was and ftood feizcd
of any ftatc of inheritance at any time during the coverture ,
any thit^ contained in this zA to the contrary thereof not-
wjthdanmng*
X. Provided alfo. That this prefent adt, or ^y thing herein This (Utute
contained, extend nor be at any time hereafter interpreted, ex- fl^all extin-
pounded or taken, to extinft, releafe, difcharge or fufpend any S"''*^ "<> «^*-
ftatute, recognizances or othgr bond, by the execution of any n^i^^c'^&cf *
eftate, of or in any lands, tenements or hereditaments, by the
authority of this adt, to any perfon or perfbns, or bodies poli-
tick ; any thing contained m this adt to the contrary thereof
notwithftanding.
XI. Jfid forafmuch at great ambiguities and doubts may arifc of,
the validity and invalidity cfwilh heretofore made of any lands ^ tene-
ments and hereditaments^ to the great trouble of the King's fubje^Is ;
(2) the King's moft royal majcfty minding the tranquillity and
rc(l of his loving fubjeSs, of his mod excellent and accuftomed.
goodne(s is pl^a^ ai^d contented thstt it be cpadted by the au-
thority of this prefent parliament. That all manner true and juft wills -made
wills and teftaments heretofore made by any perfon or perions before the fta-
deceafed, or that (hall deceafe before the (irft day of Mayy that ["t«> or iliort-'
(hall be in the year of our Lord God 1536. of any lands, tene- }j^^fl[all*^br
ments or odier hereditaments, (hall be taken and accepted good ta^ir/^
and e&6tual in the iaw« after fuch fa(hion, manner and form' Dyer,* h)«
' " ' • ' »?
Amio vicefimo feptlmo Hekrici Vllf. [1535.
as they Mrere commonly taken and ufed at any time within forty
years next afore the making of this adl ; any thing contained in
this ad, or in the preamble thereof, or any opinion of the com*
mon law to the contrary thereof notwithftanding.
How fines for XU. Provided always, That the King's highnefs ihall not
aUeoaijon, !«• have, demand or take any advantage or profit, for, or by oc-
'^ *^U^ <afion of the executing of any eftate, only by authority of this
p^to tbc *^> ^^ ^'^y P^rfon or perfons, or bodies politick, which now
King. have, or on this fide the faid firft day of Miy^ which (hall
i Co. u. be in the year of our Lord God 1536. (hall have any u(e or
ufes, truib or confidences in any manors, lands, tenements or
hereditaments holden of the King's highnefs, by reafon (^pri-
mer feifin, livery,, w/lir k mainy fine for alienation, relief or
harriot ; (2) but that fines for alienations, reliefs and harriots,
fhall be paid to the King's highnefs, and alfo liveries and cuftgr
Us mains (hall be ufed for ufes, trufts and confidences to be made
and executed in pofieflion by authority of this aft, after and
from the faid firft day of Miy^ of lands and tenements, and other
hereditaments holden of the King, in fuch like manner and
form, to all intents, con(faru£tions and purpofes, as hath herc->
tofore been ufed or accuftomed by the order of the laws of this
realm.
Odierlord* ' XIIL Provided alfo. That no other perfon or perfons, o^
finet, rdiefi bodies politick, of whom any lands, tenements or heredita*
and harriots. ments be or hereafter ftiall be holden mediate or immediate^
Ihall in any wife demand or take any fine, relief or harriot, for
or by occanon of the executing; of any eftate by the authority of
this ad, to any perfon or perfons, or bodies politick, before the
faid firft day ot Ma^f which (hall t>c in the year of our Lord
God 1C36.
Ceftuyqueufe XlV. And be it enaAed by authority aforefiiid, Thzt all and
may take all fingular perfon and peifons, and bodies politick, which at any
fucb advajita- time on this fide the faid firil day of May ^ which (hall be in the
r* m?iAt y^^^ 0^0^ Lord God 1536. (hall have any eftate unto them
Imm h!S!r executed of and in any lands, tenements or hereditaments, by
the authority of this ad, (haQ and may have and take the fame
or like advantage, benefit, voucher, aid. prayer, remedy, com-
modity and profit bjr adion^ entry, conmtion or otherwife, to
all intents, conftrudions and purpofes, as the perfon or perfons
feifed to their ufe of or In any fu^h lands, tenements or here-
ditaments fo executed, had, (hould, might or ought to have had
at the time of the execution of the eftate thereof by the autho-
rity of this a<S^, againft any other perfon or perfons, of or for
any w^e; di(reifin, trefpafs, condition broken, or anv other
oflfence, cavfe or thin^ concerning or touching thejaid lands or
tenements fo executed by the authority of this aft,
-Aftiont now ^^* Provided alfo, and be it enadted by the authority afore*
d^pefidin;. faid. That actions now depending againft any perfon or perfons
feized of or in any lands, tenements or hereditaments, to any
ufe, truft or confidence, fliall not abate ne be difchar^ed for or
py reafon of executing of any eftate thereof by authonty of this
^^9
^ 535*3 Anno viccfimo fcptimo Henrici Vin. 3^5
a£V^ before the faid firft day of May^ which (hall be in the year
of otir Lord God 1536. any thing contained in this adl to the
contrary notwithftandin^
XVL Provided alfo. That this a<St, nor any thing therein Wardfliips, li-
contained, (hall not be prejudicial to the King^s highnefs for ^"««> or ou-
wardfliips of heirs now being within age, nor for hverics, or toyn<^S'^'^
for oufter le mainsy to be fued by any perfoil Or perfotis now be- within age/of
ing within age, or of full age, of any lands or tenements unto of foil age.*
the lame heir or heirs new already defcended; any thing in this
adl contained to the contrary notwithftanding. ,
XVII. Provided alfo, and be it enadled by the authority a- ReeoBiiam-
forefaid. That all and Angular recognizances heretofore know- Se^^"'r*f
ledged, taken or made to the King's ufe, for or concerning concemfiie
any recoveries of any lands, tenements or hereditaments here- reoovchesT
to/ore fued or had, by writ or writs of entry upon difeifin in
U pojiy (hall from henceforth be utterly void and of none efFed,
to all intents, conftrudtions and purpofes,
XVIII. Provided alfo. That this ad, nor any thing therein Eftatesof
contained, bcin any wife prejudicial or hurtful to any perfon or Jo^^***?!!^
perfons born in JValn or the marches of the fame, which (hall in^«^*
have any eftate to them executed by authority of this aft, in any
lands, tenements or other hereditaments within this realm,
vrhercof any other perfon or perfons now ftand or be feized to the
ufe of any liich perfon or perfons bom in IVaUi or the marches
of the fame \ but that the iame perfon or perfons bom in WaUs^
or the marches of the fame, fliau or may law&illy have, retain
and keep the fame lands, tenements or other hereditaments,
whereof eftate (hall befo unto them executed by the authority
of this adi, according to the tenor of the fame; any thing in
this adl contained, or any other a<5l or provifion heretofore had
or made to the contrary notwithftanding*
CAP. XL
For clerks of thefigfut.
realm^ having for their entertainment^ and their clerks^ no fees mr The conrk of
wages certain for thofe offices J otherthanfwhfeesas eometh and grow- <«*»g forth
eth ofthefaidfignet and privy feah (2) to the intent that from hence- 8*^* **»^
forth theyjbould not by any manner of means be defeated of any part f^er the ^
ar portion of the fame their fees : be it therefore ordained* cfta- King's fign
blilhed and ena^ed, by the confent and aflent of the lords fpi- mauwil, and
ritual and temporal, and the commons, in this prefent parha- ^^ ^}^^ P*^
mcnt ^ffembled, and by authority of the fame. That all and feet. ""*
every ^ift^ grant and other writing, which (hall be made or given
in writing by the King's highneft, or any his moft noble pofte-
rity, to any perfon or perfons, fiened with his Grace's fign, or
the fign or figns manual of any of them, to be paifed under any
his Grace's great feals of England^ Ireland^ duchy of Lancajler^ or
any of bis Highnefs cpunties palatines, or principality 01 TFaleSy »
or
^66 Anno vicefimo Teptimo ^Henrici VIII. [1535.
br'byotKcrprciccrs out of the Exchequer y aftier the fifteenth day
of April in the tvvcnty-feventh year of his moft noble reign,
(3) and that all and every gifts, grants and other writings, of
What name or names, quality or qualities ibevcr the fame be, or
hereafter (hall be named, deemed or called, which the mafter of
the King's vsards, or general furveyors of the King's lands, for
the time being, or any other officer or officers that now be, or
hereafter (half be made^ (hall by virtue of an aft of parliament,
or any the King's grants to them, or any df them made, or
hereafter to be made in that behalf, give, grant or make, after
ihe aforefaid fifteenth day of Aprils to any perfon or perfons in
the King's name, to be pafled under any his Majefty's feals,
TfaeKin^t (4) ^ *^ any wife firft, and before the fame grant, or any ci
f rants ihall be them, be pafled under any the King's (aid feals, or other pro-
roogfattotbe cefs made of the fame, brought and delivered to the King's
^^^7^ principal fecrefary, or to one of the King's ckrks of his Grace's
fi™t. %°^ ^^^ ^^ *'"*^ being, to be at the toid office of the ligiict
t Co/i<. pafled accordingly.
A ^/^arrantby ^I- And be it alfd ordained and enafted by the authority a-
the' clerk of forefaid, That one of the clerks ofthe faid'fignet, to whom any
the Ggnet to of the faid writings figned with the King's moft gracious hand,
er^>f tbc^D*'^* ^^ ^^^ ^^^ ^^ ^^y other aforefaid, or any of them, fortune to
^ (j^ **"" be delivered, may and (hall by warrant of the fame bills, and
every of them, within the fpace of eight 'days next after he (hall
have received the fame, unlefs he have knowledge by the &id
" fccretary, or otherwife, of the King's pleafure to the contrary,
make or caufe to be made in the lung's name, letters of war-
rant fubfcribed with the hand of the fame clerk, znA fealedwith
'the King's fignct, to the lord keeper of the King's pHvy feal, for
'further procefs to be had in that behalf ^ (2) arid that one of
the King's clerks of the faid privy feal, upon due examination
had by the faid lord keeper of the faid privy feal, of the faid war-
rant to him addreflkd from the office of the faid (ignet as afore,
may and (hall, within the fpace of eight days next after he (hall
have received the fame, utuefs the lord keeper of the privy (ea!
do give them commandment to the contrary, make or caufe to
be made, by warrant of the forefaid warrant to the (aid lord
- keeper of the privy feal, addrcfs from the office of the iignet a-
froim the privy fo>^efaid, other letters of like warranty, fubfcribed with the name
feal to the of the fame derk of the privy feal, to the lord chancellor oiEng-
great feal, &c. land^ lord keeper of the great feal, chancellor of the duchy of Lan-
cajler^ chancellor of the King's land of Ireland^ treafurer and
chamberlains of the exchequer, and chamberlains of any of
his counties palatines, or principality of iVcdeSy or other ofScer,
and to every of them, for the writing and enfealing with fuch
feals as remain in their cuftody, of letters patent or dofed, or
other, procefs making, due and requifite to be had or made
upon any the faid grants, according to the tenor of the war-
^ rant to them or any of them directed from tlie officer of the
privy feal, as is afore fpeciiied..
Ill, And alfo belt enacted by the authority aforefaid. That
no
535-!) ^^^ viccfiiho fcjltiiho Henrici Vlll. '36^7
3 msinncr cWk or dttlcs, or othcr^fibn or picHons, do^i^ritc Thcpfcnalty
r make any fhanner of writing, warrant pr warrants upbn any ^^ aitcrfng df
lanner feift or grant made by the King's highnefs, or by any ^SbrtSldL
thd- hisGrade^s officers as aforefttd, or procure the feme, dr
ny df'the fiiiie'to be'pafled under any the feals aforeraid, after •
tiy other fort, mariner or faihion, dr by any other iVarrant <*•
^rrants than as before isfpecifitd arid declared, (2) uponpai^
)forfdtf6r ev<fry bill, warrant 6r writing paffed contranrto thfe
rdtfr before limited and [irefcribed, the mm of tc. ii. fterling,
le one half'thereof tobe toour fdvereign lord the King, and thb
thcrhalf to hitn that Ihall firft fiie for the fame by icftion df
ebt, Writ, bill, plaint or information in any the King's courts ; in
^hich adion or fuit, no eflbin, proteftioh, privilege, nor w^^ger
flaw (Hall be admitted ; any mannfcr id, ftatute, provifion, j^ro-
lamition or other oxxiinance heretofore had dr madc^ cohtfary
y this prefent aft, or any aitide df the fame, In any wife hdt-
/ithftanding.
IV. And ncverthelefs be it alfo enabled. That every of the Fees for wri-
lid clerks, or other pierfon, Which fhall pafs in writing, or pro- tings which
ure to be piaffed in writing, any grant or gratits by ratmcdiate P?" ^ imme-
warrant, Wherefore fees be paid at the great feal, (hall of thfe d»»t«.«^««n^
artids receive for the oi&ces of the (aidngnet and privy (eal, a^
/ell fach foes as in tWs aA is taxed for writing of any fuch
1-ant or other writings, as aMb the fees for the feal of the iamef;
2) which fees, and every part or portion thereof, the fame cleric
r clerks, by whom atly grant (hall pafs* in writing by immediate
vafratit, (hall, tipon a bfll of the hand of one of the (aid clerbs
f the faid fignet or privy feal, deliver unto one of the (ime clerks
f the fignet or privy feal, within the (pace of three months ncj^t
nd immediately enfuing after the pafling and fealing of ant the
aid grant or grams by immediate warrant, {3) upon p^m df
:. li. fterling, to be by every fuch of the (aid cJerks, or oihdr
lerfon, as (haJl offend, forfeited, to be levied in form aforefaid,
s often as he or they fliall ofifend contrary to the meaning df
his a(^.
V. Provided alfo. That this aft, or anything contained in the This aa (hall
ame, be not in any wife prejudicial to the lord treafurer of Efig- ^^ Ko^a\^^\
^/rrfforthe time being, concerning fuch warrants or precepts, fuJe^ ^i- d^"
,s he by virtue of his oflice (hall and may dircft immediately to rcaing of
he lora chancellor of England^ or to any other perfon or perfons warrants to
or makingout of the King's grants or letters patcntsto any perfoA ^^ K""**' ^•*^"
>r perfons, of any oflSces, farms df lands or tenements, or of any
>therthingbelonging to his nomination or difpo(ition ; (2)butthat
,s well he may dh^ his faid warrants or precepts for the caufei
bovefaid, as alfo his clerk or clerks,- or other perfon, may pro-
ure the fame to be fealed under any of the feals aforefaid, with-
out any warrant to be before or after fued or obtained under the
Cing's fignet or privy feal for the fame, in as large and ampfc
nanner, and after fuch fort and fafhion, as he or they might
lave done at any time before the making of this aft ; any thing
n the £une aA mentioned to the contrary notwithftanding.
2 vr.
36i Anno vkefimo (epdnto Henrici VHI. ^i $35^
Leafet oTthe VL Provided alio. That all andevcar^ leaTeand leafes of tb«
^^^'^'[>!!& ^ King's manors, lands, tenements, poileffions, or other profits or
^^^^^^^£ hereditaments within the coun^ palatine of Lancafier^ or of the
the iame duchy oi Lanca/lir out of the uid county palatine, which the
duchy. chancellor of the duchy of Lancqfier for the time being, or the
4 Init sio. chanceUcn: of the laid countv palatine for the time bdne, or eidier
of them, (hall hereafter make or grant in the name ofthe King
our fovereign lord, his heirs or fucceflbrs, to any manner pcrfoa
or perfons, (hall and may pafs and be pa£ed under the finis of
the faid duchy of Lonc^ery or of the faid county palatine of
LamoAer^ or of either of them, in manner and form as hereto-
fore hath been ufed and accuilomed ; anv thing in this piefent
ad before made to the contrary notwithftanding.
^F*^^!* VII. Provided alio. That all and every gift, grant and pa-
S^aSr! "* tent.of any manner office or offices, or any other thing being,
^' or which hereafter (hall be in the county palatine of Lancafiir^
or of the faid duchy of Lancafter out of the faid county palatine,
the yearly wa^ t>r fees whereof amounteth not over and above
the value of ii. d. by the day, (hall and may pais and be pafled
bv the faid chancellor of the duch]^ of LancaSery or by the faid
cnancdlor of the faid county palatine^ or or either of them for
the time beins, in manner and form as heretofore hath been
ttfed and accuSomed; any article or thing in this prefent aft be-
fore made to the contrary notwithftanding.
VIII! And to the intent that as well fuch aanow be, or here-
after (hall be minifters and clerks of the King's (ignet and privy
leal, (hould have and take honeft and fufficient £alary and reward
for the writine of the faid warrants to be by them made as afore-
faid I as alfo the King's rooft loving, faithlul and obedient fub-
jeds, knowing the certain charges to be by them laid out fw the
writing ofthe faid warrants, ihould not by any manner exac-
tion or other finifter means, be conftrainedby any the faid d«ts
to pay more lam and exceffive fees for the writing of the fame,
than reafon anaconfcience (hall require : (2) be it enaAed by
What feet In the authority aforefaid. That all and every clerk and clerks of
f^«nlc«ie« the faid fienet and privy feal (hall have and take for his or their
filenctSaSf ^^ writing of a warrant upon a bill for talis or reward, xij, d. ^3) for
^v^^ the wnthig of a warrant for the gift of every office, xx. d. (4} for
the writing of a warrant for a peniion, annuity or wages, xx. d.
' (5) for the writing of a warrant for a (pecial livery or other per-
petuity, vi. s. viij.^ d. (6) for the writing of a warrant upon
every bill for a Conge dejler^ royal ailent, reftitution of temporal-
ties, donatives, advocauons, prefentations, or other ecclefiaftical
matter, iij. s. iv. d. (7) for the writing of every warrant upon
a placard, licence, pardon, or (herifFs reward, ij. s. (8) for the
writing of every warrant upon a denizen, iij. s. iv. d. (9I for the
writing of a warrant for keeping of an ideot, xx. d. ( xo) for the
writing of a warrant for keeping of a ward, iij. s,iv. d. (11) and
that no manner of clerk or clerks of the (ignet or privy feal afore-
faid ihall take for the writing of any manner warrant above fpe-
ciiied, more lai^ and ample fees than before is prefcribed and
ap-
'535-] Anno viceAmo (eptimo HKNRici VIII. 369
appointed^ (12) upon pain of x. li. fterling to be by him for- Tbepenaltyfir
fcitcd, that (hall offend contrary to the true tenor and meaning 1*^*"^^^^
of the find aA ; the one half thereof to be to the King our fove- **^' ^^
reign lord, the other half to hhn that (hall firft foe for the fame
by bill, action, plaint or information in any of the King*a courts ;
in which aAion or fuit no eflbin, protedlion or wager of law
ftiall be admitted.
IX. Provided alfo. That the lord chancellor of England for The lord
the time being (hall
pafling and fpeedir
the fame, without L . .
privy fcal, as the cafe' ofheccffity (hall require, and as hath been
accultomed ; and that the clerks for writing, or procuring fuch
writings and patents by his commandment, (hall be difcharged
of all penalties expreiled before in this aA, for not reeeivin| and
paying fees to the (ignet and privy feal ; any thing in this ad
contained to the contrary hereof notwithihnding.
X. And be it furthermore enaAed by the authority aforefaid. This zEt (hall
That this prefent adt, and every part and parcel thereof, (hall bind every of-
extend to the court of augmentation of the revenues of the King's ^^^ *«<* clerk
crown; and bind every officer and officers, their clerks and ^J^*^^^J^J* ®'
minifters, that now be, and hereafter (hall be of the fame court, tiom.
to the obfervation thereof, and of every part thereof, for and
concerning the (ealing and writing of any manner patent, leafe
or other grant, which upon the King's bill figned (hall pafs the
great fea) of the fimie court ; any (jp^ial words contained in the
aift made in this prefent USkon for the e(hibli(hment of the
officers of the faid court of the augmentation, or any other aft
or provifion made to the contrary hereof in any wife notwith*-
ftanding.
XI. Provided neverthelefs. That this aA, or any thing con* sealing of
tained in the fame, be not in any wife prejudicial to any man- tbinn touch-
ner peribn or perfons whom the King's tughnefs (hal) by ex- io; ute King*t
prefs commandment direA, fend or appoint, to procure any thing P"^*^ s^^
or things to be fcaled with any his Majeft/s teals, for or con- ^L rcad^*^*
ceming his Majeft/s private affairs, or the affairs of his Hi^-
nefs r^m; (2) but that as well the (ame peribn or perfons,
being appointed by the King's highnefs as aforefaid, as alfo fuch
officer and officers as (halt have the keeping of any of the King's
feaJs^ their minifters and clerks, (hall and may (eal, write and
deliver, and procure the fealing, writing and delivering of any
fuch thing and things concerning the King's highnefs affairs as
aforeiaid, without b^ine bound to procure any manner warrant,
or paying any manner fees at or to the (i^net or privy feal (or the
fame ; (3) fo that the name or names of every fuch perfon or
perfons, as (hall 'procure the fealing of any fuch thing or things
on the King's behalf as aforefaid, be entered in the clerk of the
hanapers book after this fort, Pir A. ad memdatum Domini Regis i
any mine in this a6t contained to the contrary notwithffamding.
XIL n-ovidcd alfo^ That this aft, nor any thing contain^ The grantor
Jn the fame, be not in any wife Brnudici;d to aoy manner per- If "z. „^iL
Vol. IV. ^ Bh' ' '^ farm. under
3 7o Anno vicefimo feptimo Henrici VIII. [ 1 5 3 5 .
the jrearly rent fon or perfons, which hereafter (hall have by the King^s high-
pf vi- li. xiij ft. jjgfg^ Qjr \^y any his Majefty's officers, the grant or leale of any
^^" manner £inn or farms to be fealed with any his Highnefs feab
the yearly rent whereof amounteth not above the mm of vi. li.
xiij. s. iv. d. fteriing; (t,) but that as well every fuch perfon and
perfons, as officer ana officers, having the cuftody of fbch feal
or feals, their minifters and clerks, may write, feal and deliver,
to procure the writing, fealing and deuvering of any fuch leafe
or leafes as aforefaid, without paying therefore any manner fees
at or to the fienet or privy feal for the fame ; any thing in this
ad mentioned to the contrary notwithfhinding.
CAP. XII.
Th< aR for the true making of clot b.
FORASMUCH tfi great infantf and f^anier bath rtfen 9f lite
yean infundry outivard parties beyond tbefea^ of the vntnu
xxMtvMkitizoi making of woollen cloths within this realm^ to the great derogation ^
wooUenclocbs. ^^^ common weal ofthefame^ and to the no little hindrance ^thef^a
of the feud commodity ; ( 2 ) for remedy whereof, be it ordained and
enadted by the King our fovereign lord, the lords fpiritual and
temporal, and the commons, in this prefent parliament affen-
Kvery clothier hied, and by the authority of the fiime. That after the feafl of
fhall weave hit St. Michael the archangel next coming, all and every dotbicr
mark in his within this realm (hall weave, 6r caufe to be woven, his or their
his fckT to it ^^^^^ ^^^^^ ^ °*"'^ ^^ ^^ *^** ^^ doth,, keifey and other
cloths, whatibever they be, made ana wrought to be uttered
and fold : (3} and when any fuch doth fhall be ready made and
drefled to be put to fale, every of the fame clothiers fhall fet lu>
feal of lead unto every of the fame his or their doths and
kerreys, in which feal of lead fhall be contained the true and
juft lengdi of every of the fame doths or kerfeys, as it fhail be
duly found by every buyer of the fame, upon aue proof thereof
Th altr ^^ ^"^^ ^^ ^^ water: (4) and in cafe upon any fuch proof
for wJnt in ^^ '^ ™*^^ **y ^J ^^Y^ ^^ ^^^"* *^ ^^^ water, there (hall be
length. found lefs or fmailer content in length than is contained and
fpeciiied in eveiy of their faid feals, then every of the faid clothiers
making fuch default, fhall lofe and forfeit, unto every fuch buyer
of tlie fame, the double value of fo much cloth as (hall want and
lack of the faid content in length, at the only fight and judg-
ment of any two indifferent perfons that fhall meafure the fame
The clothier's cloths and kerfeys. (5) And every clothier fending* or putting
forfeiture any of their cloths to fale, before fuch time as all and every ot
omitting his ^f ^^ fame cloths fhall be fealed by the aulneger of the fine
^* counties where it fhall chance any of the faid cloths fo to be
made, and alfo to be ordered and fealed by every of the faid
clothiers in form aforefaid, fhall lofe and forfeit his cloth 01
cloths whatfoever they be ; the one half thereof (hall be to
the King^s highnefs, his heirs and fucceffors, and the other hal:
to him or them that will fue for the £ime by bill, plaint, adtioo
of debt or otherwife ; in which adtion no wager of law, cflbin
or protection fhall be allowed.
535^] Anno vicefimo feptimo Henrici VIII, 371
II, And it i$ further ena<fted by authority aforefaid, That The breadth
fter the faid feaft of St. Mdael the archangel, every broad ^^ broadcloth,
loth Ihall contain in breadth feven quarters of a yard within
he lifts at the leaft, and to hold the fame content always, if it
ie provtedat the water; the adl made in the firft year of the
eign of our faid fovereign lord, that every broad cloth fliould
ontain two yards in breadth within the li(ts, or any other thing
herein contained, touching the keeping of the fame breadth of
wo yards, in any wife notwlthftandin^. (2) And every ker- The breadth
zy mall contain in breadth one yard within the lifts at the leaft, of l^crrcys.
f it be proved in the water, upon pain to forfeit for every fuch ^^P" ^^ ^' *'
)road cloth iij. s, iv. d. and for every fuch kerfey xx, d. to be re- ' ' '
overed, to tlie ufe of the King's highnefs, and of any other that
vill fue for the fame in manner and form before declared,
HJ, Provided always. That this prefent acft extend not to any To whatclotht
loths calledfetcloths, of all forts, made inthecounty of fz^//, this ftatute
lot exceeding the price of xlvi, s- viij. d. the cloth; nor toany <lof^» not ex-
loths called taveftocks, weftern dozens^ frizes, kendals, cottons, '*"^*
ind all- manner of coarfe cloths made for linings.
IV. And be it further enacted by thfc faid authority. That the When theaul-
ulneger of any county (hall not feal any of the faid cloths with ncecr fiudl .
he King's feal, until mch time as they and every of them ftiall ^"^**-
irft be ordered and fealed with their contents, according to the
rue meanine; of this prefent a(5t, in form aforefaid, upon pain
>f lofing of nis office; (2) and that no buyer of any of the faid How far the
loths or kerfeys, marked and fealed in form aforeiaid, prefume buyers of
5y any manner of Height, means or engines, to draw; pull or J*^**** or ker-
tretch out any of the fame cloths or kerfeys, otherwifc than to o^ftrctch' "^**
nakc them even after they be w^t, and to agree with the con- them.
ents fpecified and contamed in the feal orevery of the fame
loths and kerfeys, as near as they can, upon pain to forfeit the
!ouble value of every fuch cloth or kerfey fo mifufed, contrary
o the true intent and meaning of this prefent ad, to be levied
o the ufe of the King's highnefs, and of any other that will
ue for .the fame, in like manner and form as is before declared.
V. Provided alway. That all cloth hereafter made to be fold Cloth made In
vithin the city oiJVmeJler^ the towns of DroitwUh^ Eve/ham^ ^^^htZ^ti
Kederminfter and Eromejgrovi^ in the county of JVorcefter^ fhall according to
>e fealed with the feal of the fearchcrs there, according to an the a^ there-
i6l of parliament in that behalf provided and made the five and for* providcti.
wen tieth year of the reign of our faid fovcfeign lord; (2) and *^^*^'£d%'''
hat the owners of the doths made within the faid city ^nd^ 5 f^^o\ '
owns, ftiall not be compelled by this aft to put their own feals see lo^Anns,
a any cloths there made or hereafter to be made* c. 16
CAP. XIII.
Vor cloths whites of iv. li. and not ahave^ and coloured cloths
of'm, li. and not above^ to be carried over tbefea unbarb-
ed and unjhorn.
II7HEREAS byaS of parliament hoUen in the fifth year of the Thcinconve-
V V reign of our fovereign lord the King that mw is^ it wos or^ uiencies which
B b 2 daincd
372 Anno vicefimo fq)timo I^ENRici VIU, [ 1 535 .
would enliK if doinid and ena^td^ Tk^t no woolen chth dwt thefriee of five mark
the ftatuu of JBoiild be (onveyed over the fea mrowed^ uaiarbedand tmfiom^ t^
jH. 8.^ J* certain penalties in the fame a£l expreffed more at large i (a) wkd)
^mcv^^ ^ toW /«/ m fxecution^ jball not onfy rewound and turn to the abate-
ment of the Km^s cuflomu but alfo grow to the utter undoinfg of ini
iSraces fubje^s, cloth-makers and merchants^ conveyers of the faii
iy force of the faii <x^, the merchants Jhould be bound to chiefs euery
white cloth above the vcilue of five maris on this fide thefea^ efter that
they have bought them, woich white cktb fo dreffed^ when tbey be
brought into the parties beyond thefea^ and there by the buyers of them
dyed and put in colours^ then they mufi be newfy dreffid, barbed^ fiiam
and rowed, an4 fo theyflhll be thereby the tefs in ftiftame rf them-
fehes^ and the worfe to fale, and fold for lefs price by tin or twelve
fhitlings apiece beyond the fea, than theyflxmd he undrejffed: Where-
lore he it ordained and enacted by the King our fovereig^ lord^
bis lords fpiritual and temporal, and the commons, in this pre-
^'^^ <*>Jj>« feat parliament aflembled, and by authority of the (anne. That
owfaJun- ^^T^ white woolen cloth fold for' four pounds and un^er, and
baibed, an- ^^^ coloured clotli Ibid for three pounds and under^ may be
ftom,&c^ earned and conveyed into the parties beyond the fea, there to
be fold at the pleafure of the buyers of the faid cloth or cloths,
imbarbedy unftiom and unrowol \ any a6t or a<5is to the con-
tnrv made notwithftanding.
The penaltic» It. And over this be it ordained and enabled by the bad
of theoffimd- authority, Th^t if any pcrfon or perfons fend or convey, or
•'^ caufe to be lent and cqnveyed, into the parts bey(>iKl the ica,
any white woolen cloth above the value or four pounds, or any
coloured doth above the price of three pounds, unrowed, on-
B K. 8 fe*rbcd and unlhom, in other form than is aforefaid, that then
c.^^thecloth, ^h^ pcrfon or perfons fo offending (hall forfeit the value of the
or the valuer ' faid cloths fo carried and conveyed into the parties beyond the
thereof, to be fea ; (2) the one moiety of the (aid forfeiture lo be to the uic of
forfeited. ^^^^ fj^y fovereign lord the ICin^> and the other moiety to every
perfon which will or Ihall fue by biB, writ, infomnation or
otherwife, againft any perfon for the fame ; and that the defen-
dant in any plea upon ;my fuch ad^ion be not admitted to wage
sH. 7. c.it. his law, nor any protC(SUon or elToin for any fuch defendant be
t £1. C.6. allowed in the (ame.
CAP. XIV.
A bill concerning the cufiam of katbeo:.
In what man- \X/^^ ^ ^ ^'"'^^ quantity and much abundance of leather is daii
ncrcuftom * VV conveyed out of this realm, as well by Jhrangert, as alfo h
fliall be taken tanners, and other the Kin^sfutje3s inhabited m dwrs parts rfthh
tor leather. ^^^J5„^ towards the fea co^ts, ana inJ^ciaOy out ofWzles, Cheihire
and Cornwall, where little or no cufiem is paid for tbefame^ which
leather is commonly packed bf the faii flrangers, tanners and other th
KingU fuhje£ls in their houfeSf and fo conveyed unto the ports and
bavem
^535*1 Anno viccfimo fcptimo HeNRici Vin. 373
TVins tuSifi thiy inUndtoJbip the fame \ which pach^ fi conveyed
nd brMighi ufuch pores and havens to ffejbippedy he never there un-
(ickid^ io He viewed what number of leather is contained in anyfuch
aci, hut entered in the eujlomers oooks by and upon the information
nd report of the foid Jirange^s^ tanner or other perfon^ transporter
fthi fame leathery (2) and albeit that the King's highhefs infuch
laces and ports bath very little cujlom paid for the fame^ yet fordf
mcb as in fucb places therf is no better fearch nor view had for the
erf tit knawUdgeof the number and quantity of the leather fo by
bem packed^ the Ktng^s grace is much deceived of fuch his cujioms as
ught therefore to accrue to his Highrufs^ ^3) for where in the port The manner
f London two perfons be named and appointea^ by the weigher of the ^^ ^^"'9^ •*"
vools wit/nn the laid port for the time being j to tell and number all jon Ynd^'
uch leather by the hide, accounting ten hides to the dicker, andalfo teringtbefain^
ill woolfels as within the fame port fbdU he Jhipped from time to time^ into cuftomert
vbich two perfons be Jivom before the cuftomers of his great cuftom^ bpoj^^ '
rufy and duly to do and execute their offices, in telling and numbrin^
iH fuch leather and woolfels, in the prefence of thefaid cs^omefs^
md of the comptroller of the Jam aylom, or of thmr deputies, who
^eing prefent, and viewing the fame, do make entry thereof in their
^oeks i (4) and after fuch tale made^ and entry taken, another perfon^
Sy the may&r ofLohdonfor the time being conjliiuted and appointed^
s aljijwom truly to pack the fame leather Jo told and entered into the
:uftomers books, every of the fame tellers and packers taking fuch fees
^r their labours as of old time have been ufed, S mi ted and accsiftomed,
[ 5) every firanger paying for cuflom of ruery dicker iv. s. ix. d. and How mucb
^ery denizen iv. s. i. d. t0hich Uke cttfiom is aJfo paid in the port ^ftrangers and
Hampton^ but not in any other ports of this realm, and fpecially tn ^^!^^^^^Z
Wales, Cheftiirc and Cornwall, out of the which parts, by reafon for the cufto^
ff fuch fautll dfftpms, more leather is conveyed over tbejea, than out of a dicker of
^f other platen of this realm, which is an occafion of the dearth and leather.
great prices of the fame leather \ (6) for the redrefs whereof, and to
the intent that one manner of cujlom fir every fuch dicker of leather
fo conveyed over thefea, as well by denizens as firanger s, Jhallhepaid
tfyrougbout tbis^ realm, Wales, and other the Kinjfs dominions, and
alfo that the Kin£s highnefs rnay be the better affured of his cuJloms
to be paid for alffuch leather asjhall be hereafier carried and conveyed'
over thejea: (7; Be it enaded' by the authority of this prefent
parliament, Tnat from henceforth no manner of Granger or Leather to lie
denizeq ihall pack, or c^ufe to be papi^^, my manner of leather ^*"1f *l^;
to be conveyed or (hipped over the fca, out of this realm, IFales, ijJSi be toW
or other the King's dominions, ptherwife than in this a^ is ex- and packed hj
preiled, that is to fay, that all fuch leather (hall be hereafter a man fwori^
packed by a packer fwom i^ every fiKh port where any leather thereunto,
fiiall be fliipped to be conveyed out of this re?lm, trales, or
other the King's don>inions, upon paii^ pf forfeiture of all fuch
leather as hier.eafter (hall bepai;i^ed contrary to the purport of
this a^9 or of the value thereof^ (8) an4 jdfo that from hence-
fortli every (faranger and denizen, wiuch ^all (hip, fend or con-
vey any leather over the fea, out or from any part of this realm,
/fV</9 CbiJldrh or other the King's dominions, (hall pay like
Pb^3 .puftgm
374 Anno viccfimo fcptimo Henjrici VIIL [^SiS-
cuftotn fpr the fame as Is ufcd to be paid within the port of
London that is to fay, every ftranger to pajr for every dicker of
leather for cuftom iv. s. ix. d. and every denizen iv. s. i. d.
Thecuftomert H* And be it alfo cna<fted. That within everv port, haven
and comptroU and creek within this realm, ff^aUs^ and other the King's do*
Icis ihall ap- mjnions, where no tellers nor packers at this prefent time be,
S^m whert ** nor before the making of this aA have been, that from hcnce-
Hoiicbc forth the cuftomers and comptrollers of every fuch port, haven
and creek, where fuch leather (hall be (hipped to be conveyed
into the parties beypnd the fea, (hall have power by authority of
this a(5t to name, conftitute and appoint one able perfon to tell
and number all fuch leather as (hall be at any time there (hip-
ped, (2) which perfon fo named (hall be fwom by the cuftomer
and comptroller of every fuch port haven and creek, duly and
truly to execute his office in the prefence of the cuftomer and
comptroller of every fuch port,crefck or haven where any fuch
, leather (hall be (hipped, or of his or their deputy or deputies ;
fte for iciline ^3^ ** ^^^^ ^^""' ^^^^^% ^^ ^^^ (h^ger tor the telling of
a dicker of every dicker of leather vi. d. whereof the fame teller to have
leather. for his labour ii. d. and iv. d. to be to the commonalty of the fame
town and port, toward the payment of their fee-farm, and other
their cha^'ges ; (4) and of every denizen, not being a freeman of
the faid port and haven, for every dicker iv. d. whereof the teller
to have ii.d. and the other ii. d. to be to the commonalty of the
fame port or haven, for the intent above declared; (5) and of
every dicker by any perfon being a freeman of fuch port and
A packer of haven, but only ii.d. for his labour; (6) and that immediately
'*(r^*** d^^^^d* after fuch tale had, and^entry thereof made by the cuftomer or
hwlcef ' ^^^ deputy, another able'perlon named, deputed and afligned by
the faid cuftomers and comptrollers of every fuch port and
haven and before them fwom truly and duly to do-a«a execute
his office, (hall pack all fuch leather fo told and entered, evciy
pack to contain as many dickers, under the number of feven
dickers, as it (hall pleafe the merchant or owner thereof to ap-
point, taking for his labour for the packing of every pack iv. d.
The feveral HI. And he it further ena<5led by the faid authority. That if
^?^T^ k^* ^^ ^"y packer take upon him to pack any leather before it be told
tcUtfMiut w:r- °^ numbered, and entry thereof maae by the cuftomer, or his
forming their deputy, or at any time pack more leather than (hall be told and
duties. entered, accordmg to the purport of this a<5V, then the fame
packer to forfeit and lofe for every time doing the contrary v. !i.
and to fufTcr therefore imprifonment at the King's pleafure ;
(2) and alfo that if the teller within any fuch port or haven, at
any time hereafter, take upon him to tell or number any leather
in the ahfcnce of the cuftomer, comptroller, or of his or their
deputy or deputies, then the fame teller, for every time fo doing,
to lofc and forfeit five marks.
IV. Jnd f era/much as divers J! rangers carry and ccnvey their
leather from cue port to anofher\ and by the way calife the fame
leather to be pnikcdy which parks fo conveyed be mt undone nor opened
at their arrival within the ports whereunto thev be fo tranfportedy
but
S$5-^ Anno vicefimo fcptimo Henrici VIII. 375
idt then cnly enUnd by and upon the report and information of the
r^r chant eftrangcr^ or of hit factor ^ whereby much cuftom is concealed t
iz) Be it therefore alfo ena&ed by the faid authority, That if In what fort a
.ny fhranger, or other his faftor, at any time hereafter do con- ^rapg^ij^con-
^cy and carry any leather from one port to another, to the in- from onc^pcS
ent to fhip the (ame in fuch other port whereunto it (hall be fo to another
ronvcyed, the fame ftrangcr, or other bis faAor for hii», before Aall ufe it
^ch transporting of the lame leather, ihall caufe the faid leatb^
irft to be told within the fame port from whence he will, ^r
ntendeth, to carry the fame ; (3) and the fame fo told caufe to
be entered by the cuftomer of the fame port, or his deputy, and
caufe to be alfo packed by the faid packer of the faid port where
it Ihall be fo told, taking of the cuftomer or cuftomers of the
(ame {lort.or haven, or of their deputy or deputies, a certificate
expreuing the number or quantity of dickers of ail th^ fame
leather fo to be carried and tranfported, directed to the cuftomer
of the other port or haven whereunto the fame leather fh^ bt
fo conveyed, making mention alfo in the fame certiiic^e^
whether the cuftom thereof accordingly be truly paid, or not;
(4} and in cafe any fuch leather be carried or conveyed from
one port to another, there to be (hipped, without having of .
fuch certificate, that then the fame leather, or the value thereof,
to be forfeited.
V. And be it further cnaAed, That no tanner within this W®*^ having
realm, fValesy or other the King's dominions, or other perfons fljauVraniTOrt
occupying or having a tanhoufe, (hall from henceforth fend or any manner
caufe to be conveyed over the fea, by way of merchandife or of leather tan-
otherwife, any manner of leather tanned or untanned, upon pain "*J ^^ untarj*
of forfeiture of all fuch leather, or the value thereof. (2) Nor "^^*
that any perfon or perfons at an^ time hereafter (hall carry or
convey over the fea out of this realm, ff^alesj or other the
King's dominions, any fait or untanned hides, or any leather
called backs or fole-leather, the Kin^s fpecial licence not ob*
tained for the fame, upon pain of forfeiture of all fuch hides
and leather called backs or K)le leather, or the value thereof;
(3) the one half of all the faid forfeitures to be to the King> ^
bighnefs; and the other half to any of his fubje<^s that will pur-
fue for the fame in any his courts by adion of debt, bill, plaint,
information or otherwife ; in which fuit none eiToin, protedion,
vrag^r of law, or other dilatory plea for the defendant, (hall be
admitted or allowed.
VI. Provided always. That this aft, or any thing therein The captain
contained, (hall not be hurtful nor prejudicial to any captain of »"d J^.^ o^°«^«'
any (hip in the time of war, being in the retinue and fervice fo,j|e cafe cx-
of the King's highnefs, nor to any owner or mafter of any cepted out of
(hip, being the King's fubjeft, going into Ifelandj i^^ixr^f, tlusftatute,
Norumyy or fouthward beyond the ftraits \ but that every iuch
captain and mafter of every fuch (hip during the war-time, and
every mafter to fuch (hips pafling into the places before named,
may and (hall at their pleafure have and carry fait hides in
their (hips^ fo that every of them (hall not have at fuch voyaee,
Bb^ V'
2«5 A^M Ticefimo feptimo Hbnrici VIU. [(535^
or during the war, at any one time above the number of eight bk
hides i this aA or any thing therein contained to tbe ocwtxary
in any wife notwithftanding.
H"te un- ^^' Provided always. That hides untanned of any heafts
unned of being killed within ff^aUs^ or the marches thereof^ may te coo-
beafts killed veyed and carried into outward parties by any perfiMi or pjeribtts
in Wal^may {^q^ ^\^^ to time, except only by tanpers, and Ciich as Iwc
be traiifport. ^^n-houfes, in fiich and like manner as they mig^ have been
iSEl. c 9. r. 4. before the making of this a<^ ; any thii^ in the fanae OMntioiw
ed to the contrary, notwithftanduig.
CAP. XV.
See t c H. 8. ^^^ ^^^ fl^*U have authority to name xxxij. perfbns wk. xvi.
c. 16. 3 & 4 fpirituaiand xvi. temporal, to examine the canons and oon-
Ed. 6. c. 1 1 . ftitutions heretofore made according to the ftatute of a5 H. 8»
S^P- ^^ ^'' €. 19. But no canons or conftitutions (hall be made witfaoat
ST* Ph Vm. ^^ King's affent, nor which be contrary to the King's pie-
c. 8. rogative or the laws of this realm.
CAP. XVI.
F^ inrollmefU of bargains andfaks.
T) £ tt enaAed by the authority of this prefent parliament,
^'"f ^bT'bi ^ ^^^ ^^^ ^^ *^ ^*y ^ y^y^ ^*^**^ ^^^ be in the year
j^in smd^e, of our Lord God 1536. no manors, lands, tenements or other
uBlefs it be l^ heTKlitaments, (haU pafs, alter or change from one to another,
writii^ in- whereby any eftate of trdieritance or freehold fliall be made or
dented, fetled ^|^g ^^ -^ „y perfon or perlbns, or any ufe thereof to be
iBuiftn 163. made, by reafen oiiiv of any bamin and Tale thereof, CTKept
ft Inft. 671. ' the fame bai|;am ana fide be made by writing indented Sealed,
Hob. X 36, %%t. and inroUed in one c^ the King's courts of record at Weftnni^€Ty
' R^n ^^^' (2) or elfe within the fiime county or counties where the Utne
\\^^x^^* manors, lands or tenements, fo bargained and fold, lie or be.
Hob. itS, 140. before the C^fiiii BMdorum and two juftices of .the peace, and
I^yc^ 1 55- the derk of the peace of the fame county or counties, or two
* c' fi ^^*°* *^ *^ ^ ? whereof the clerk ot the peace to be one \
4 Co. 7V (3) ^^ ^^ ^^^^ inroUment to be had and made wdtfatn fix
7 Co. 40. months next after the date of the iame writmgs indented ; (4)
8 Co. 93. the fame Cufioi Retulonemf or juftices of the peace and derk,
Cro. El. 166, taking for the inroUment of every luch wming mdented before
Cro. Car. no. ^^^^> where the land comprifed in the fame writing ejoceeds
119,' %ig. not the yearly value of forty fiiillines, sL s. that is to fay, xij.d.
The fees for to the juftices, and xij. d. to the clerk ; (5) and for the inrail-
inroUment in nient of every foch writing indented b^ore them, wherein
1 ^uTdTa'sc. *^ land comprifed exceeds the fum of xl. s. m the yearly
Extended to X^^Cf 7« s- ^^^ ^^ to fay, ii.s. vLd. to die faid juftioes, and
counties pnU- ii.s. vi. d. to the (aid clerk for the inroUine m the fiune:
tinf by 5 El, (6) and that the ckrk of the peace fiwr the time being,
^* *^" within every fuch county, (hall fufiicientiy imoll and in-
grofs in parchment the fame deeds or wnrings indented as
is aforefaid; (7) and tlie rolls thereof at the end of every
year (hall deliver unto tht faid QiJIas R9tulorum dE the fame
county for the time being, there to remain in the cuftody of
the faid O/Jft^s RatuUrum {or tht t^me being, ampngft other
records
I535-3 Anno vieefimo feptimo H2NR1CI Vill. S77
records of every <tf the fane ommtiee where any fiich itmHU
ment flnaU be &> made, fo tlie intent that every pstny that hath
to do therewith* may refort and fee the efibft and tenor tf every
fuch writing fo hsroUed.
IL Provided always, That this a£t, nor any thing therein Towns cor^
contaiited, extend to any maimer landc, tenements, or here- porate, &c.
ditamenfs, Wii^ or being Ivithtn any cky, borough or tovm ^^y ^^^^*
corporate within thk rcrfaa, wherein the mayors «corrfef$, ,/5^"c';,g^
chamberhiiiia, bailiffs or othor officer or oflkcrs have authority, r. 3.
or have lawfotty vAd to inrdl any evidences, de«d», or other
writings within their precind or timits; any thing in this aA
containisd to the contrary notwtthflanding.
CAP. XVII- 3e« j^ H^ 1^
A fervant imbeszling his mafter's goods to lire value of forty c. 7.
lliiBings, fliall lofe the privilegp of his clergy and iandhiary. »? ^- ^' c- 1.
Coxiumcd Dv
lEd. 6.C ii«andrepealedbyzM.fe£t.c. 1. SeejELc.so. |Iaft. 103.
CAP. XVIII.
If any pcrfon do, or procure any thing to be done, to the an»-
noying of the ftream of the river oiThamis^ making of Cielpti
by any manner a£ means, by minings dig^ng, calling of
dung, rubbifhy or other thing in thoTame river; or take or
convey away any boards^ ftakbs^ timber-^work,. pUfaws or other
things from the faid banks or vraUs>. except it be to fepair or
amend the lanoe again, or d^ or uodermine any bonks or
wall upon the waiM-fide of Thorns^ to the hart, impaiting
or damage of the iaid baoki w wsdle, he ihaH fbrteit for
every time fo offending C. s» to the King, and to the mvfojr
and commonalty of tMUti^ to be recovered by the mayor
and commonalty by bill, plaint. Writ of debt or mfbrmation^
wherein no eflbin, w^er of law^ proteftbn, &>. A pixmfe
for taking of ballaft for fliipt in the (hdps near onto TbamtSj
the iaid gravel, earth or rubUtk rf which ifaelps, any perfbn
may take and carry away.
CAP. XIX.
Sanduary perfcna fhM wear badges, and no weapons. They REP. i. Jac. 1.
(haH not go abDdad before flm-rifing, nor after i\in-fetting. ^- *5' ^ »<
They ftiaS not reM their governors. Then- governors (hall J**^* '* ^' **'
dewutine contnsidi« of ddbts, trefpafles, and covenants be-
tween Aoti onder xl. s.
CAP. XX.
. F^r tithes ta he faid tirougbptti this realm.
FORASMUCH tfi dhtrs numbers ef evil £fpofed perfins in- Thisfhtoteis
babked infiiniry eeunties^ cities^ tvwns andpkces oftbts realmy cotifirmed and
havii^ ne refff^ te their duties to ABnigbty Gody but againJI right *"^^^j^^
and good ionfeience have attempted to fubtraiJ and withhold^ infome \^ ,-1
places the wele^ and in frme pktes great parts of their tithes and ob^
lationsy as weO perfonal 0S predialy due unto God and holy church ;
(2) and purfidngjiuh their deteflaUe enormities and injuries^ have
attempted in late ttme pafi to dijobeyy contemn and defpife the procefs^
lawf and decrees of the ecclejtaftical courts of this realm^ tn mere
femerous
378 Anno vkeflmo feptinfio HfiNRtct Vllt. [ 1 515-
Unmmu and large manner than htfmn this time bath teen feen :
(3) for refonnation of which faid injuries, and for uni^ and
peace to be preferved amoneft the King's fubjedls of this realm,
our fovereign lord the King being fupreme head on earth (under
God) of the church of England^ willing the fpiritual rights and
duties of that church to be preferved, continued and main-
tained, hath ordained and enaded by authority of this prefent
Titties flnll be parliament. That every of his fulijedbs of this realm of England^
piid accord- Ireland^ WaUi^ and Cdmi^ and marches of the fame, accord-
ing to the itig to the eccleliaftical laws and ordinances of his church of
SriSTwhere ^H}«^^ and after the laudable ufages and cuftoms of the
Sb^be due. parifti or other place where he dwdleth or occupieth, (hall yield
and pay his tvthes, offering and other duties of holy church i
The toflfender (4) and that ior fuch fubtractions of any of the f:ud tithes, offer-
in fabtrafbng ings or other duties, the parfon, vicar, curate, or other party in
of tjtbes fti^ that behalf grieved, may by due procefs of the King's ecde-
b^S« Ihe fiaft!«l 'a'^ of *e church xA England^ convent the pcrfon or
crdinaiy. perfons fo offending before his ordinary, or other competent
jndge of this realm, having authority to hear and determine
the ririit of rithes, as alfo to compel the fame perfon or per-
fons offending to do and yield their faid duties in that behalf. (5}
And in cafe the ordinary of the diocefe or his commiflary, or
•the archdeacon or his official, or any other competent judge
aforefaid, for any contempt, contumacy, difobedience or other
mifdemeanor of the party defendant, make information and
requeft to any of the King's moft honourable council, or to
the juftices of the peace of the (hire where fuch offender dwell-
eth, toailift and aid the £une ordinary, commiffiiry, archdeacon,
official or judge, to order of reform any fuch perfen in any
The offender caufc bdfbre rehearfed; that then he of the King's faid ho-
b**Hr***^ nourable council, or fuch two juftices of peace, whereof the one
o? peace! 5k!* to be of the querum^ to whom foch information or requeft
to obey the ' (hall be made, (hall have full power and authority, by inrtue
ordinary "s of this a6l, to attach or cau(ib to be attached, the perfon or per-
itntence. fo^s againft whom fuchinfom^ation or requeft mall be made,
(6) and |o commit the £ime perfon or perfona to ward, there
to remain without bail or mainprize, till thut he or they fhall
have found fufficient furety^ to be bound by recognizance or
otherwife before the King's faid councellor, orjufticeof peace, or
any other like councellor, or juftice of peace, to the ufe of
our faid fovereign lord the King» to give due obedience to the
procefles, proceedings, decrees and fentences of the ecdefiafti-
cal court of this realm, wherein fuch fuit or matter for the
!)rcmiffe$ fttall depend or be. (7) And that every of the King's
aid counceUors, or two juftices of the peace, whereof the one
to be of the quorum as is aforefaid, (hall have foil power and
authority, by virtue of this aft, to toke, receive, and record
recognizances and obligations in any of the caufes above
written.
This aft (hall II. Provided alway. That this aft, or any thing therein
J^j^J*?'^^*^^^^**^' contained, (hall not extend to any inhabitant of the city of
1 53 5-] ' Anno viccfimo feptlmo Henrici VIII. 37p
London^ for or concerning any manner of tithe, offering, or
other ecclefiaftical duty, grown and due, to be paid or yidden
within the fame city, becaufe there is another order made
for the payment of tithes and other duties within the faid
city.
III. Provided alfo. That every perfon and perfons, being Every perfon
party or parties to any fuch fuit, mall and may make and have ^'^ ^^^^ l^i*
his and their lawful action, demand or prosecution, appeals, ^«™*"d and
prohibitions, and all other their lawful defences and remedies coHing*to
in every fuch fuit, according to the faid ecclefiaftical laws, and the laws ec-
!aws and (latutes of this realm, in as ample and liberal manner defiaftical.
and form as they or any of them might have had, if this adl had
never been made \ any thing in this a(5l above written notwith-
(landing.
IV. Provided always, and be it enaftcd by authority afore- ^ u^ g ^^ ,
faid. That this a<ft for recovering of tithes, ne any thing there- f.y
in contained, (hall uke force and effedt but only until fuch isCar.a.
time as the King's highnefs, and fuch other xxxii. perfons ^*^- '• ^* "•
which his Highnefs (hall name and appoint for the making and ^'
eftab]i(hing.of fuch laws as hiis Highnefs (hall affirm and ratify,
to be called the ecclefiaftical laws of the church of England; (2)
and after the faid laws fo ratified and confirpied as is afore
faid, that then the faid tithes to be paid to every ecclefiaftical
perfon according to fuch laws, and none otherwiie. 31 H. t. c. 7.
. CAP. XXI.
An a<a for the payment of tithes within the city and fuburbs of EXP. 37 H. t.
London^ until another law and order (hail be made and pub* ^* '**
lilhedfor the fame.
CAP. xxn.
The King (hall have the moiety of the profits of thofe lands 4 H. 7- c. 19.
already converted from tillage to pafture (ithence three years 7 H. s. c. »-
before Ann. 4. H> 7. until the owner hath builded up a con- 5^g^d«^c-s*
venicnt houfe to inhabit, and converted the fame pafture to til- ^ep. «*EL
lagc again ; and alfo Ihall take the moiety of the iffues of thofe c.i.&njac.i
lands hereafter to be converted, if the immediate lord do it "8.
not within one year.
CAP. XXIII.
For the prefervation of the havens in Devon and Comwal.
WHERE by ajiatute made in this prefeni parUamenty for and A rchearfal of
concerning the amending and maintenance of the havens and ports the ftatutc ot
^Plymouth, Dartmouth, Tinmouth, Falmouth tfWFowey, in *^ ^'foV^^Jlfj
the (cmties j/'Dcvon(hire j;/iCornwal, among other things it was prefcrvation
ordained and enaHed^ That no perfon or perfons from and after the of ports and
feaji of St, Michael the archangel^ which was m the twenty-fourth li»^«ns in
year of the reign of the King's highnefs that now isy Jbould labour or n*'™]J[flJ|j.e
wcrk^ cr caufe to ve laboured or wrought in any manner of tin-worls^ ^^" "^**
called Jlrtme ivoris^ within the faid counties of Dty on or CornwaU
nigh to any of the frejh ivaters^ rivers or low places^ defccnding or
h:vi/!g ccurfe unto the ffiid havens or portSy or any of them\ nor
jfbculd
j8o AiHio viee(im6 feptimd HtvfKici VUI. [1535.
fioliibhwri dfg er wdjb am tin in any tfthe find tin-Vfotki aJid
fireMe^wofks^ nnlefs thi find digfef^ ^umef or waftfet flaidd mab^
$f uikfe H ht fhadtj ft^cient batths and tjis in the end af their
hMei and eerds^ awd therein pta anilOfy er amfe te bepki and
laid^ all the fud ftenes^ gravel and rebels d^ed about the enfeardh
iHf^ finding and wafiing ef the /aid tin^ there io be tvholfy Mdjhre-
fy kept by Aeftdd Imchet and tyes^ out dndfrom thejaidftefi rivers
er wakr ceurfes^ oranfof tlm^ fir that thi find fienes^ gravel iud
robei^i neoMfptirt thereof^ be^ for loci of fiich hatches or tyes^ con-
veyed into the fmd ports and havens^ or any of thenty (1) tepon pain
tdforfnifor every time that any owner or digg& Jbotdd dig or fioajh^
or toufe to be digged or voaJbeeL, am tin contrary to the forth afore-
f(ddy X. H. the one half thereof to be to the ufi of oar fjfvereigm lord
the ISngj and the other half thereof to be to any of the inhabitoftts of
the find port towns or havens that ivmld file for the finhe in any of
the IDn/s courts^ by original writy bia, plainty informatiotr or
Hherwifiy wherein the d^endant Jbould not be ddnutted to wage bis
laWi ne any prote^ion or effhin fimdd be aUowabky as in the find off
among other things more p&nly is exprejed and declared
%l IL t. c. 8. ' H. Jnd becaufefitb thi making ofmfddflatute^ the ttdkOitants
' of the find port tbwns or havens ^ having trttle fegardy tefpeG^ Unn^ or
effeSttm to the an^nAng and mdntenonce of the fame towns and
havensy nor to their ponerityy as they been ftdttirally boiMat ani
obliged^ have permitted and fiifirtd the faid oioners and Sg^ers to
pei^evere and continue in diggings foarchi$g and waflnn^ of tim njgb
Aeftid frejk waters^ rivers or lorn phneu tfot makmg fi^kient
batches aedtyesasby AefiddfiatUteh providedand ordained witboat
any manner offidt commenced or purfued bv the find ieAMtoMts^ ac-
cording to the tenor of the fmd aSt^ to tie great animation and en-
eouragement of the offenders^ and to the utter undoing and defirn^jen
tf the find port towns and havens \ the King's m^efty, minduig
iftid intending the fuppoitation and maintenance («f his laid
towils and havens^ and the animadverfionand cofrcdKon of the
laid offenders^ hath. By the aflent of the lords fpiritual and
temporal^ and the commons in this prefent parliament a&m-
bled'> and by the authority of the fame, ordained* ena&ed and
They that, eftabliihed. That no perfon or perfons herea^er (hall labqur or
^oric for tin- work, pr caufe to be laboored or ^rttiught, in any manner of
Saice'hatchet ^'^^-works called IM^e-Workv within the faid counties of
and tyes in Devon or Cornwall^ nigh to any of the faidfirefh ¥^ers,-rivm^ or
Che ends of low places, defcendlrig ot having courfe uhfothe fald I»vtn$
tteif cordf 0f ports, or any of them, nor (h3l labour, dig or wafti any tin
pfbuddcU. jj^ ^ of the faid tin-works called ftreme- works, vnlefs the
faid digger^ o^ner or wafher (hall make, or caqfe to be made,
fufficient hatches and typs in the end of their buddies a^d cords,
and tl^erein put and lay, or caufe to be put and laid, all the (aid
ftones, gravel and robeL digged about the enfearcluhg^ find-
ing and waihine of the uid tin, there to be wholly and furelv
kept by the faid hatdies and tyes, out and fhmi the faid frefh
jivers or water courfes, or any of them, fo that the faid fand,
^ncs, gravel and robel, nc any part thereof, be,.for lackof
X SSS'li ^^^^^ viceiimo f^mo Henrici VI^L 3B1
Xucb hatches or tyes, conveyitd into the fidd poits and h^veosy
or any of thciB, upon pain to forfeit fibr f vjery time that any
oirmer, tinner, di^r or labourer, fh^U dig or vrafh, or caufe to
be digged or waflied^ any tin contrary to the form afonefaid^
XX. li. the one half thereof lo be to the uTe of his Highne&» and
the other half thereof to be to any of his GracA iuhjeds that
vrill fue for the f;^me in any of his Grace's courts^ by origin^
imrit, bill, plainty information or otherwiile> vrhesem the defenr
dant ihall not be admitted to wagiB lus law, ne any proteSion or
eilbin (hall be allowable,
III. And it is further enacted by the authority :tforefaid. There fliall bt
7hat if any porfon or perfons ihall happen to be fued, accufed, no peiulty m-
indited, imprifonedj amerced, condemned or othcrwife vexed fij^!^^^^^'*"
or troubled in his perfon, lands, tin works, goods or duttds, coMUigtodiis
by any of the minifters or officers of any of the King's courts ftatute.
ot ftannery, or bv any other perfon or perfons, for purfuing or
attempting any.mit or adtion according to thiseflatute, againft
fuch perfon or perfons as ihall offend contrary to the fonn aforo-
laid ; that then all fuch fuits, accuiements, indi^hnents^ im-
prifonments, adtions, condemnations, fines, amerciaments, and
every other aA or adts to be done in any of the faid courts of
ftannery^ or elfewher^> by ?py p^on or pertbns againft any
perfon or perfons for fuing or attempting any fuits or aAions
py virtue ot this eftatutc, (ball be utterlv void and of none ffit£t
in the law ; (2) and that the party fuea, indidted, accufed* im-
prifoned or otherwife grieved or rholefted, for purfuing ;(gainft
any perfon or perfons offending this ftatute, fliall have hjs adion
anc remedy grounded upon this ftatute, by original writ^ biU^
plaint, information or otherwise, in any of the King's courts,
againft fuch as ftiall procure or attempt to vex, trouble or
otherwife moleft any fuch perfon or pofons for fuing or pur*
fuing of the forfeitures aforefaid, and fliall recover treble da-
mages in that behalf; and the party defendant fliall not be ad<-
mitted to wage his law,' ne any protedUon, eilbin nor privilege
fhall be to him allowable.
IV. And if it fliall happen any perfon or perfons, for purfu- A remedy to
ing anv fuit or adtion upon this ftatute, or by . occafion of the relieve ^m
fame, nereafter to be imprifoned by any manner rf perfon or J***^ y^^Lj*
perfims being officers or minifters of the court of ftannery, their fo?Sing ac-
deputies or TubftitutQs, that then every of the iuftices of peace cording to this
vrithin any of the counties aforefaid, wherein the faid prifoner ^tute.
fliall hapjpen to be committed to prifbn, upon credible infor-
mation tnereof, taking furety by his difcretion ^for appearance
of fuch prifoner at the next genq-al feffions of peace, fliall have
- power and authority as well to diredt his warrant to the gaoler
or keeper of the pnfon, as to any other perfon or perfons to
whom the faid prifoner fliall be committed unto, commanding
him or them, upon pain of forfeiture of xl. li. to deliver and put
at large the faid priioner or prifoners, (2) which if he refufe fo
to do, then every fuch offender fliall lofe and forfeit the faid
xl. li. the one half of which forfeiture to be to the uie of our
fovereign
382
.The liberties
of the ftan-
naries laved.
The re-con-
tinuing of
certain liber-
ties taken
from the
crown.
Noperfon
{halt pardon
tiieafons or
felonies but
the King.
}fo perron
(lull make
jiWiices but
the King.
J Job. 139.
I Buiik, 160.
Anno viccfimo feptimo Henrici VIII. L'535*
fovereini lord the King, and the other half to him that is
grieved by rcafon of fuch imprifonment, to be recovered in
manner and form aforefaid ; and the xlefendant in any action
or fuit for the fame (hall not waee his law, ne have any efibin
orproteAion allowed ; (3) and if it (hall appear, upon the ap-
pearance of fuch prifoner at the quarter-feflions, by exami-
nation of the juftices of the peace there being, that he was im-
prifoned contrary to the form of this ftatute, that then he (hall
be forthwith difmifled, and thereby difcharged ; and if he were
lawfully imprifoncd for any other juft caufc, then to be re-
manded to prifon by the (lifcretion of the faid juftices.
V. Provided alway, That this ad, or any thing therein con-
tained, be not in any wife prejudicial or hurtful to any of the
o(ficers of the ftanncry, ne to any of their lawful liberties, pri-
vileges, ufages, laws or cuftoms, faving only in the cafes and
provifions contained and limited within this prefent a<ft, which
(hall alway be put in execution according to the tenor of this
a6t; any ufage, cuftom, privilege, ordinance or liberty to the
contrary thereof notwithftanding.
CAP. XXIV.
yf» oR for Ttcmtinuing liberties in the cro^n.
WHERE divers of the moji ancient prerogatives and authorities
of fujlicej appertaining to the imperial crown of this realm^
have been fevered and taken from the fame by fundry gifts of the
King^s mo/i noble progenitors^ Kings of this rtalm^ to the great dim-
nution and detriment of the royal eftate of the fame^ and to the
hindrance and great delay ofjujlice ; (2) for reformation whereof,
be it enabled by authority of this prefent parliament. That no
perfon or perfons, of what eftate or degree foever they be, (rom
the firft day of July^ which (hall be in the year of our Lord
God 1536, (hall have anv power or authority to pardon or re-
mit any treafons, muraers, manflaughters, or any kinds of
felonies, whatfocver they be ; (3) nor any acce(raries to any
treafons, murders, manflaughters or felonies ; (4) or any out-
lawries for any fuch oflFences afore rehearfad, committea, per-
petrated, done or divulged, or hereafter to be committed, done
or divulged, by or againft any perfon or perfons in any part of
this realm, IValeSy or the marches of the (ame ; (5) but that the
King's highnefs, his heirs and fucceflbrs. Kings of this realm,
(hall have the whole and fole power and authority thereof
united and knit to the imperial crown of this realm, as of good
right and equity it appertaineth \ any grants, ufages, prefcription,
adl or aAs of parliament, or any other thing to the contrary
hereof notwithftanding.
II. And be it alfo enafted by authority aforelaid. That no
perfon or perfons, of what eftate, degree or condition foever
they be, from the faid firft day of July^ (hall have any power or
authority to make any juftices of eyre, juftices of aflife, juftices
of peace, or juftices of gaol-delivery j (2) but that all fuch
oflicers and miniftcrs ftiall be made by leltcrs'patents under the
^ King's
I535-] Anno ^ccfimp fcptimo Henrici VIIL 383
King's great feal, in the name and by. authority of the King's
highnefs and his heirs Kings of this realm, in all (hires, coun-
ties, counties palatine, and other places of this realm, /f2i/f;, and
the marches of the fame, or in any other his dominions, at their
pleafure and wills, in fuch manner and form as juftices of eyre,
juftices of affife, juftices of peace, and juftices of gaol-delivery,
be commonly made in every ihire ot this realm ; any grants,
ufages, prcfcriptions, allowances, adl or a£ts of parliament, or
any other thing or things to the contrary thereof notwitbftand-
ing.
III. And be it further enaAed by authority of this prefent AU writs, &c.
parliament. That all original writs and judicial writs, and all "if f^^^^'u
manner of indidtments of treafon, felony and trefpafs, and all^ jli^e iiT
manner of procefs to be made upon the fame, in every county the King*t
palatine, and other liberty within this realm of England^ fValis^ name.
and marches of the fame, (hall from the faid firft day oijufy^^^- *®5-
be made only in the name of our faid fovereign lord tne King,
and his heirs Kings of England \ (2) and that every perfon or
perfons having fuch county palatine, or any other fuch liberty
to make fuch originals, judicials or other procefs of juftice, fliall
make the Tefte in the faid original writs and judicial, in the
name of that fame perfon or perfons that have fuch county
palatine or liberty.
IV. And that in every writ and indictment that (hall be made
within any fuch county palatine or liberty, after the (aid firft
day of July next coming, whereby it (hall be fuppofed any thing
to be done s^ainft the iting's peace, (hall be made and fuppofed
to be done only againft the Icing's peace, his heirs and fuc-
ceiTors, and not againft the peace of any other perfon or perfons
whatfoever they be; any adt of parliament, grant,* cuftom,
ufage or allowance in eyre before this time had, granted or
ufed, to the contrary notwithftanding.
V. Provided always. That juftices of aflife, juftices of gaol- Juftices afllgn-
delivery, and juftices of peace, to be made and afligned by the cd within the
King's highnefs within the county palatine oi Lancajler^ '^^^ Sne"o? E a*'
be made and ordained by commiflion under the King's ufual ^^^ *"*"
feal of Lancafteri in manner and form -as hath been accuftomed i
any thing in this adt to the contrary thereof notwithftanding,
VI. Provided alfo. That all cities, boroughs, and towns cor- Towns i»r-
porate within this realm, which have liberty, power and autho- porate wbicb
rity to have juftices of peace, or juftices or gaol-delivery, (hall ***^* i"^^^*
ftill have and enjoy their liberties and authorities in that behalf,
after fuch like manner as they have been accuftomed, without
any alteration by occafion of this a£t 9 any thing in this aA, or
in any article therein contained to the contrary thereof notwith-
fiandJng.
VII. And it is ordained by authority aforefaid. That all BaililFs and
ftcwards, bailiffs, and other roinifters of any liberties or ft-an- o^cf" otll-
chifes, which in times paft have ufed, or ought to attend upon afraid iSwb
the juftices of aflife, juftices of gaol-delivery, and juftices pf the the juftices as
peace at large in any couoty, (hall be attend:mt to the juftices of they hare
aflife, done.
^8^ AfulQ vMpffim^ iq^fJMDO HBlWlCi VIH. [ 1535.
aflile, jufticos of g9Q{-dipliv#ry» md ivfticM of peiiae of ^le tarn
(hires vhcrein luph lib«rtio6 4nd ft«odiiib te»«ndJM]iediie
•xccutioii pf di proccls to tbiw tQ bedirofted* £br ntoiftntion
of juftice within (qch liberties or fraiKbifes » (2) aqd that aifo
all luch bailiffs, or their deputies or dq^uty» (hall give Acir at-
tendance and afTiftance upon the (heriit, togoher with the (he*
riffs bailiffsy at all courts c^gaol-^livery from time 10 tiaiCy for
execution of prilbners acoprdtng to juftice.
Liberties of . VII), Pnpvided always, Th^. the frticleneKt above rebcarfed
citicf or fhall not in any wife be prejudicial to any ftewards, or bailiffs of
^'^'"^B^* ^ any cities, boroughs or towns corporate fet in any (hire of this
whmT'^ ' r^m, which have privilege that tb^ ibould not be compelled
to attend or appear oyt of fiich cities^ boroughs or towns vhcre-
in they inhabit, but that every fuch city» borough and town
corporate, (hall ufe their (aid iHivile|;es and liberties as hereto*
fore hath been accuftomed^ any thine in any of the articles
above rehearfed to the cpntx^ thereof notwithffanding*
The King IX. And it is further ena/ded by authority afopefaid. That
^^^1^^^ the King our fovereign lord, his neira and fucc^flbrs. Kings
^^i^f of this realm, from the (aid (irft day of 54*> next coaiiM, (hall
liberties. have all manner of fines, i(rues, amerciaments andfocmtuies
that (hall be loft, forfeit or a(fefled by or upon any ftew«rds»
bailiffs, of any other minifters or officers of any fr^chiics or
liberties, for non-execution, mif-execution or infufficient returns
of fuch writs, warrants, precepts or other procefs, which to
them, or any of them, or to any their deputy or deputies^ (hall
be direAed, or for any contempt, or other mifdemeanor what-*
foever it be, concerning their offices, in and for the due exe-
r\w% fliait be cution or adminiftration of juftice ; any grant or allowwKc, or
afleflediipon other thing to the contrary hereof notwithftanding. (2} And
the bailiifc of that the amerciam^ts for infuffieient returns of writs, or other
'^^fffi^ntT P'^^^^^ ^^^^ ^y ftcwards or bailiffs of liberties or franchiies,
mums, «nd havii^ returns of writs and execution of the fame, (hall be put
not upon tlie and let upon the lieads of fuch ftewaxds or bailiffs, and not
(heiitts. upon the (heriffs.
Purveyor9 X« And furthermore it is enaAed by authority afore(aid. That
mav provide purveyors affigned by the Kin^*s commiiTion tor provifions of
within libcr-^ [{^^ Grace, the Qpecn and their children, (ball and may provide
ftand^^^Mv *'' vidluals, com, and other kinds of things whatfocver it be,
grint. according to their cpmmifliQns, as well within liberties and fran-
cbifes as withQut^ any grants, allowances, or other thing to the
contrary or let thereof notwitbftanding.
% Inft. 3. XL Provided alwa;^s. That fuch purveyors (hall ob(erve the
, (fatutes for them provided in every behalf,
^cert may ^^^- ^nd over this it is ordained by authority afbreiaid,
keep «>urt That in all fuch places wherefoever the King's hi|nne(s in his
ivitbin the , own moft royal perfon (hall come to reft, tarry, abide, or make
vcrjw, and hit hjg repofe within this realm, or any his dominions, within li-
ma ket^cwly ^^Y ^^ without, there and within the vctge limited and ac-
^ecutcMs cuftomcd to his Grace's court, during the time of his abode,
oiHcf (here* his Grace's fteward^ mar(halj coroner, and all other his mini-
fters
^535*1 Anino vicefimo fepdmo Henrtci VIII. 385
Oers, fliall and inav keep their courts for judic^,. ^nd exercif<[t
their ofRces, as ihall appertain to thenif according to th« laws,
ftatutes and cuftoms of this realm, as well within liberties a^
without. (2) And that his Grace's clerks of the market, and
none other, during the fame time, as well within liberties as
without, ihall exercife the office of clerk of the market ; any;
privilege, grant, allowance or other thing to the contrary hereof
notwithftanding.
XIIL Provided alway. That this article next afore rehearfed[
or anything therein contained, be not in any wife prejudicial
to the city of London^ but that the fame city mall h^ve and ufe
fuch liberties as they might if this arti(:Ie had never b^en made; .
XIV. And be it alfo enacted by authority aforefaid, That all All ftMUfei
and every ftatute, adl, and a<fls neretofore made and being in made for (he*
force, againft Iheriffs, their under-iherifTs, bailiffs^ or other piini- '■»^.» wnder-
fters, for making dr returning of panels o^* juries, or fqr due exe- ft!jl be' ^?'
cution or ferving of any writs or other procefs^ or for taking 0/ againft ftcw^
fees, or for reformation of extortions, or for any other thing or ^ rds and other
things concmiing their offices, and. ail pains and penalties con- miniften of
tained in every (inJii ftatute, (haJl from henceforth be extended to ^^^crtjc 5.
all fl^wards, blulilfs and other minifters an^l officers of liber^ie?
and franchifes, having returns of writs and executions thereof,
in like manner, form and condition as they extend to thq (he-
riflfs, their under (heriifs, bailififs or other mihiiUrs, and as if
the faid (lewards, baHifTs or other miniftcfrs or officers \pf. liber-
ties and francbifes, bad been fpe^ially and particularly namec^
and rehearfed in fuch ftatutes»
XV. Provided alway. That thif article next al>ovc rehearlW ^*^!ljj!~» «*
(haU not be prejudicial to any ftcward, bailiffs of franchifes, oCfrjJncbifci
to their deputy or deputies, or their clerks, for exercifing and may enjoy
occupying their offices over and above one year ; but that the;y their omce»
and ^ytty of them may keep and occupy their, faid offices for *^^® ^"*
io long time a$ they be, or hereafter ihall be, given to them, as ^^^*
if this article next ^fore rehearied had never been made \ any of
the faid ads to be expound^ and taken againil tliein or any of
them to the contrary thereof notwithftanding.
X VL And it is enaded by authority aforefaid, That all fucU
juftices to be made as is afore rehearfed in this ad, ihall have,
authority and power to keep and hold their fefflons oi* peace,
and to deliv(*r the fame gaols from* time to time only within the
fame liberties and franchifes, and in fuch places, and in none
other places, by reafon and authority of that commlifion, and
to do and execute all other things witinn tlie iame, in as ample
andlai^e inanner, as^any other juilices of peace and gaol -delivery
in any ihire within this realm may do, and have authprity to do ; .
any aA, grant, ufe, cuitom and allowance heretofore had, made
or ufcd, or any article in this prefent a(5l made to the contrary
notwithilanding; • Thcnfw'n
XVII. Provided always. That all and fingular juilices of the ^\^^^ nlliHit
peace, gaol-delivery and affife, hereafter to^be made, named and where corn-
appointed by the Kmg's Uighnefs, his heirs and fticceflbrs, within monly («ch
Vol. IV. c. »»yJrbc£J.'*
386
SirTfiomaf
En^lefiekiy
juftice of
Cbefter «ad
Flints
Crtie» and
towns corpo«
rate (hall have
fuch liberties,
&c. as they
had betbre.
Anno idcefimo feptkno Henkici VHI. [153^.
mf liberty, wlicre any fuch juMce of peace, gaot^lfliivtry or
affixe, or any of them, have been made by any peffcm or pcanbw
by virtue or authority of any leltera patents of the gift or gnmt
of our favereign lord the Kin^, or lys moft noble prdgeniiors^
Kings of this realm, or otherwife, (hall fit and keeptbsir feffions,
gaol-ddiverv, and afiizes, only in fuch place and places as the
juitioes of me faid liberdee lately have cMnmoaly tifed within
the faid liberties. (2) And that no peribn or peribns wkhki the
iaid liberties, or any of them, (hall be hereafter in any vnfe com*
tellcd by authority of this ad to appenr out of the &aA libcnics
before any other juftices of aflise, gaol-delivery^ or of the peace
than before fudi juftices as fliall be named and afligned to fit
and be by the King's hij^hnefs, bis heirs and fucceffcira, with-
in the laid liberties in form abovefiud. (3) And that this ad
ftall not extend, or be expounded or taken to any other liberty,
privilege or ftanchife, granted, \ded or had to any perfon or
perfons, other than before in t)»s prefent ad is exprefled, aid
plainly declared and rehdrfed ; any thing in this ad to the con-
trary notwithftanding, and as if this ad had' never been roade«
XVIII. Provided always. That this ad, nor smy thk^ there-
in contained, be in any wife hurtfol or prgududal unto Sir
Thmas Engkfield^ knight, juflice of the county palatine of
Chefter and FRnt^ nor to his deputy or deputies, nor to any of
them, of, for or coneeming tiMt office of )uftiee or ji]d%icer rf
the faid county palatine and FKnt^ nor for or concerning any
fees, profits or advantages to the £me office in any manntr
wife appertaining or belonging i ( t) but that the faid w Th$mts^
his deputy and deputies, and every of them, may lawfully ha\Xf
occupy and exerdfe the faid office, and alfo receive and take to
Aeir own ufe all ^nanner profits, commodities and advantages
to the £iid ofiice belonging or appertainmg, according to the
tenor, purport and cfFed ot fuch letters patents, as before thij
time were unto the fame Sir Thcmay xhade utider the fsai of ri)c
feid county palatine, or under any other kAr by our faid fove-
rdgn lord the King that now is, of, for or cenceming the faid
office and other the premtifes, or any parcel thereof^ in as ample
and large i^anner as though this ad had never been had ne
made ; any thing in diis ad contained to the contrary in anj
wife notwithfiandin^.
XIX. Provided alway. That this ad, ne any thing ther^n
contained, be in any vrife pre^icial or hurtful to any city, bo-
rough or town corporate, by what name or names foever they
or any of them be incorporate, and their fucceflbrs, and the
fucccffors of every of them, of or for any manner of fiberties^
privileges, cuftoms, ancient ufages and franchifes ; and alfo of
all manner of fines, ifiues and sfmerdaments, and forfeitures,
which they or any of them have of the grant Or grants of our
faid fovereign lora the King, or of any of his noble progenitors,
Kir^ of this realm of England \ (2) but that the faid cities,
boroughs and towns corporate, and every of them and their fuc-
cefibn, may have, take, levy and enjoy all and every fuch law-
ful
1 5^5;] Anno Tiflofimo fSsf^mb Hz&Rict VUI. 387
ful liberties^ prhrUegn, femchifes^ ctiftdnujand iifsgeiy:lfe as
^mfit and large moiuttr, and ifir like fonn aqd csohditicmy as
th^y and e^ery of th^m hare bwfoUy uHxa^ v£tA and had the
. lame \^tt the makit^ of this aA ;» any.tbing in this zA to the
cdntrary necwhhftanding, and as if this a^ ted neytr been had
ne niads.
XX. Phividett always and be it ^miAed, That Tht^nar now The bifhop of
bifhop of Efyj and hii« foccei^yrsy bilho]^s of Efyy and their tern- Ely and hit
porti fleward of the Ifle of Efy for the •time* being, and ©very ^"^ ^^\
oftbem/ftttHMmhehcdbrth bo jufticte of |>dace wilbia the ^'^^^^^^^^^
faid ifle, and (h^ ufe ^ami tx&dkM nonndr bf things witfiin the £kmt iiUtf
the faoie iOe, that appotaineth 6r belongeth to «ny pAioes of
peate widiin any ctmnty of this tadm of Bfigbnd to do, ^xercife
and ufe, by virtue and amthority. that they be juflices.of peace,
in as ample and lai^' manner as an^^ other jnftices of peace in
any cofiiTty\rithintfai9 realm haveor might do^ exerdfebrufe 1
any IhiAr or tbitigfr ih this zQl contained to thex^ntrkry. not-^
withftanang. ' . . .
XXI. Provided alwaf^y and bo^it icn«6led. That Cuthbert now the Wrliop of
bifhop oi Durham^ and Kis ivfcceirors,biinops of Durhafrtj and their Durham and
temporal chancblfor 'of thi county p^isttme of Dilfham for the W«chanccUoi-#
time biirtg, and^iwify of ttoem, (halt it6m henceforth be ]\xttyot% ' '^^^^
of pm:ei*ithili tbe ftrtd conhty palatine of Durham^ md AiaU
exapcilb and «fe sdi mann^ things wiriiiA the bmt dodhty pi*
latme, tfat^t appertainerti or baiongieih to afty juftice of p^ace with-
in any cetmtV of this re^lm of Bngland^ to do, ex^itife and uft,
bfy virtue ancr dothority that they be jnftices of peitee^ in ;i» atnple
and lat^ manner as any other jufttcesof peace in My county
vrithhi this fMtor have, or might do^ excfcifeor ufer i(ny thing
or things in tWs a6t contained to^ tfae contrary notwithftandBn^.
XXn« Provided flNmy, and be it enaaed. That Edward now the aitbtii-
arcfabifliop of !>#, and hk ftfccefibfs, archbifllops of Torki and ftiop of Yorft
their tempoml chancellor of the flthe and liberty of Hexam^^^}V^I^
othemrife calkd Nmoldfibamy for die ttoie beings tMd ^eiy of ^, fifi^^
them^ ihali tmtn hei^efofth bejilftSoes of MacevHthin the faid tddtom,
<hh« arat liber^ of Hi^sm^ Otherwife called ttikfMJIktmy aiid
flialloxercifc and ufe aN mranner of = things within the faid (liire
and liberty, thaf appevtaineth or betongeth to any juftiee of peace
within an^ county of this realm of England to do, exerd A- and
uft, by viitae and authority tlfartthey be juftities of peace, in
as large and ample manner as any other juAiee of peace in any
county within thb realm have, or might (io, exereife or ufb;
any thing or things in this aft contained to the cfohtrary notwi
withftan£ng.
CAP. XXV,
All govemoiB t/f (Mres^ cities, townsr^ hundreds, hamlets and
parifhes, (hall find and keep eviiry aged^ poor and impotent
perfony which was born of dwelt three years within the fame
limits by way d voluntary and diaritable alms in every of'
the fame cities and parities, {5^/. with fuch convenient alms as
jhall be thought meet by their diftretion, ib as none of them
ihall
Ce a
•^18 Anno vfccfimo ^idmo Hsmici VHI. [1535.
ihall be cobspeiled to go. openly in begging. And aife (h^
compel every fturdy vagabond to be kept in- continaal laboar.
(a) ChtldsBn ynder* fourteen years or age, and above fiyt,
that Uve in idlenefs, and be taken begging, may be put to
fenrice by the governor of cities, toWns, ^c. to hoftandrr,
or other crafts or labours. ^3) A valiant be^ar, or ftui^
' vagabond, (Hall at the firft tiftie be whipped, and fent to the
place where he was bom 6r laft dwelled by the Ipaoe of tfarte
years, there to get his living ; and if he continue his roguiih
life, he (hall have the upper part of the'griftle of his right ear
cut off ; ' and if afterithat ho be tAxn wandering in idlenefs,
fe' X P. tx* doth not apply to his'labotor, or is not in fervice with any
V fits C.V ^^^^ •*« ^^ ^ adjudged and e!xecueed ^s a fclcm. (4) No
'' ' perfon (hall make any open or common dole, nor (hall give
any money in alms, but to the common boxes, and commcHi
gattierings in every parifh, upon pain to forfeit ten times h
mudi as (hall be given. (5} There fliall be no playing at
unlawful games.
CAP. XXVI.
Concerning the, laws So ie uJhdittVfBlcs.
Juft*^ ««f«- A LBEIT the dminim, prindfiaSi^ andimMy if Wales jt^fy
i^^^JJf^3 2\. and rigkeoufty ;V, ^ndwer bath iem marparated^ mmxOy
it is in £ng- ' vfiiud £9id jil^f^ to andunder the impend xriwn 9f Ms reabiy a:
land. a very member andjcint of the fimu^ tuher^fw^ the King* 5 m^ r^al
4 Inft. «3 J. majefty of meer drinty and very rights is very head^ H^g^ Urd asd
rtueri (2) yet mPivithftanding^ hecaufe that in the fame tmmtryy
The caufes principality and donunion^ diveri rightly ujages laws and cttfhms bt
whv a diverfi,y&r difcrep^tfrm the lawsOnd a^hms e/this' r^dm^ (3) and cih
*^adf brt^"^" *^^/f that the peffpk ef the fame dominion have^ and do daily ufia
^tYi\tiJ%^hJP^f^\ ^^^him liie^ ne eonfonant, to the natttral mother tongue vfii
itds oflSng. wiihin thif realm^ (4) f>me rude and ign&rant people have made S-
land and JUnStion and diverfty beit^en the King's fuije&s if this reoAn^ and
^t^ l^is fubje^s of the fad dominion and prmdpoiity 4f Wales, whereh
^ . * '* great difcordf variance, debate^ dtvifen, nmrmur and fediiien hath
grown iettveen his faidfubjedisi (5) his^Higi^ndstheretbte of a (in-
sular zeal, love and favour that he boire^h bwants his fub-
jeds of bis iaid dominion of ff^ales, minding and iatendUng to
reduce them to the perfeA order, notice and knowledge ol his
laws of this his realm, and utterly to extirp all and Angular the
' iinifter ufages and cuftoms difffering from the lame, and to brine
the faid fubjedts of this his realm, and of his faid dominion cii
Wales^ to an amicable concord and unity, hath by the delibe-
rate advice, confent and agreement of the lords fpiritual and
temporal, and the commons, in this prefent parliament aflem-
bled, and by the authority of the fame, ordained, enadted and
Aii"**'^r'^* eftablilhcd. That his faid country or dominion oif IValeSy (hall
borain Wa>i ^^> ^^^^ *"^ continue for ever from henceforth incorporated,
fliail enjoy all ""ited and annexed to and with this his realm oi England^ (6)
liberty a» and that all and fingular perfon and perfons, bom and to be born
in the faid principality, country or dominion oUVales^ ihall
have.
» SiS-1 Anno^viccfiflio fcptimo Hknrici Vltt. 3^89
have, enjoy and inhtrit ati and lingular freedoms, liberties, . other TubjeAs
rights, prml^^^nd laws within this his realm, and other the in England do.
King's dominions, asr other the ^^Cing's fubjedls naturally bom
^thin the fame have, enjoy and inherit.
. il. And that all and finguhr peribn and perfons inheritable The laws of
to any manors, lands, tenements, rents, reverfions, fervices or England (hall
other hereditaments, which (hall defcend after the fcaft of Jll- ^ "'^^ ^"
SMtts next coming, within - the (aid principality, country orx)y^^,^i3.
dominion of ff^aies^ or within an^ particular loidftiip, part or Plowd. lao.
parcel of the faid- country or dommion of ff7fl€Sj (hall for ever,
trom and after the faid feafl of All* Saints^ inherit and be inherit-
able to the (ame manors, lands^ ^ents, tenements, rever(tons
and hereditaments, after the Bnglijh tenure, without diviiion or ,
partition, and after the form of the laws of this realm of Eng--
land^ and not after any 7f>/rift tenure, ne after the forfti of any
IVtkb laws or cu(toms ; (2) and that the laws, ordinances and
fiatutes of this realm of England^ for ever, and none other laws,
ordinances, ne ftatutes, from and after the faid feaft of AU-^
Saints next coming, (hall be had, ufed, pradifed and executed
in the faid country or dominion of /i^fcr, and every part thereof,
in like manner, form and order, as they be and (hall be had,
ufed, praAifed, and executed in this realm, and in fuch like
manner and form as hereafter by ^is a<5l (hall be further eftab-
li(hed and ordained ; any a6^, (latute, ufage, cuftom, precedent,
liberty, privilege, or other thing had, tilade, uled, granted or
differed to the contrary in any wife notwithftanding.
III. Andf&r^nmih as then be matty and divers hr^ips marchers Lordrtilps
tvithin the find cotmtry^d^miniM (>/' Wales, lying between thejhires marchers, and
^ England and the Jbires of the faid eountry or dominion 5/ Wales, ^^^ diforders
and betng na pareel of any other jbires where the laws and due correc- Jhwcii?*^
tion is ufedemdbadj by reafon whereof hath enfucd^ and hath been
pra&ifed^ perpetrated^ committed and amey within and among the faid
Isrdf^s and tountries to them adjoining j manifold and divers detefl-
able murder Sy bremting ofhoufesj robberies^ theft Sy trefpaffes^ routs^
riotSy unlawful affemblieSj embraeerieSy maintenances^ receiving of
felons J epprefjionSy ruptures of the peaee^ and manifold other male-
faUsy eotttrary to ail laws and ju/lice ; and the faid offenders there^
upon making their refitge from lord/hip to hrdjhip, were and continue
ed without pum/bmenfof' corre^ion ; {7.) for due reformation where^
afy and forafmueh as divers and many of the faid hrdjhip s marchers
he new tn the bands and pojfeffion of our fever eign lord the Kingy and
the fnudlefl number of them in the pojfefjton of other lords, it is there-
fore enaded by the authority atoreiaid, that divers of the faid
lord(hips marchers (hall be united, annexed and joined to divers
of the (hires of England, and divers of the faid foWhips march-
ers (hall be united, annexed and joined to divers of the (hires of
the faid country or dominion of lf^les,m manner and form here-
after following; (3) and that ail the reiidue of the faid lord- Lordfliips
(hips marcher? within the (aid country or dominion of ff'alesy marchers dj.
(hall be fevered and divided into certain particular counties or Jj*^*^*^ »"^<>
fliircs^ that is to fay, the county or (liirc of Menmouthy the "'^^*'
jCc 3 county
couQiy or (hire of Bmtnoek^ tbecDtm^ orlhiiv of Rtiaer^ te
coanty or (birie of AAnUffm^y tKe cmnty or flu^p-of iieiAg^i
The county of (|^) and that the lordihips> tDWiiftiip«, pftrifli^# jwmHiiitfffi sad
Monmouth cantrcds of MonmmK CbfipfimiJUkthmi^ Umnnhmtgd^ iUgma^y
t'itfihJtl^'''"' G^bkdifi, Nivap^u fyinlknge^Lkmwme. CurU^n^ UJk^ Trdniy
iaine. Ttnt^rn^ Sfyrffreiky GrfififmmU fyia-i^fiky XmioM^ (MJpfU^ Bijitn^
Abirgtvimy^ Penrdjt^ Grtrnfidi^ Ab^^n md tMrn^Ua in tiie
country qlff^ahh «nd aU and fingiilar hoooiirSf lordimipst caftks^
manors^ l^nds* tenctncots and henedftim»QiUs« lying or laeoig
y^ithin the compafs or prednft c(i3att ftid lordihipe) ftoimfliips
hamlet$» parities, co«ioiotea and cantroda^ and awry of thra^
in whofe poir^ffion fi)ever they ba or (ml be^ and emy part
thereof, (hall (hnd and b^ from md after the Aid feaft.ef ^-
Saints guildable» and (hall be rqmtad, aei:ept«id, oaouMi and
taken as parts and members of fbe faid fhira of Mmmi^ ; (s)
and that the laid town of MtminiMh (hall b^ iwnad, acec^ced,
reputf d> ofed, had and tiktny head «id ftiire-town of tha fiid
county or (hire of M^nmmthi (6) md that the ftieriA dauoty
or (hire-f:ourt oi and for ibe £iid fl|iM and fx^unty of Mfmmmih^
(hall be holdea and kept one rime at the faid townof JAaRBoar^*
<and the n^t time at the town of ifewptH^ in t)ie &oae manty
or fiiire, and fo to be kept in th^£mia fwotoaros 0lUrms wdtm,
and acQQitiing to the hm$ ^f thU reakaa of Sngkfii fiir avrr» and
\a none other places.
.aiQDt for IV- And it is further enaAcd bv the authority afiirt&id» That
. ands or other all anions reals that hereafter (haU be coaceiyao^ papetrated or
thinp^o be fiied for any lands, tenements or hereditameeta^ or any other
ImTIiIv o? ^^'^ within the faid county or (hire tiMmmm$b^ aadaUadicKis
Monmouth, pcrfonals y^ithki the (ame (hire or countv of the fum of id. s.
SavH ft. \ or above, and all a6lions mixt, (hail be fued by origiml vnit
a KoU. «9. put of the King's high court of chancy in Bfgbmdf j[2) and
The King'* heard, determined and tried befoia Aa King's jiifticea in £n{-
warTS*' ^«^» or by affile or nifiprius within the faid county.ef MmamA,
facias into the in fuph like manner, tonn and wife^ as all other aAkma reals,
county of perfonals, and anions mi;tt, be fued, heard, d^teoaiuird and
ft
^^H^T'^^K ' tried in or for any (hire of this realm of iifHfii«rf} (3) aad that
proccil the King's juftices of hi« bench, or <rf his common bmqb of
The iuhabi- Weftmin^er^ (lull have fuU power and autharity to direA all
tants of the manner procefs to the (heriff and a)l otl^tr officeis of tke (aid
^^""^y ^^. county ofMopwimthy (4) and alfo 10 diiwft writs ofvemn/Bm
oh^ri^t to to the fame (heriff, for the trial of every ifTuejoioed before Aem;
the King s of- ( 5) and alfo to award commiflions of mfi priut into the faid ooun-
£cf rs and ty of Monmouth^ for the trial of fuch tffues joined he^re them,
P*^'- in like manner and form as they do into every (hire of this realm
6i England \ (6) and all and every the Kiog's fubje^ts ami in-
. habitants within the faid coimty of Mamamiih^ AaU be for ever,
from and after tlie (aid feaft oxSl-Sainth obUged aad bomiden
to be obedient ahd attendant to the lord chan^Uor of England^
the King's juftices, and other of the King's moft honourable
/council, and unto ail laws, cufioms, ofdinaooes and Aatutes
- pf this realm of England^ in like manner, form and wfe, as all
pther tjic Kfpg's fubjccfls within every (hir^ of this rp^m o( Engr
1 5^5.] Anno ^v^oefimo fepttmo Henrici VIII.' 391
Jimtd be obli|ed and boanden $ 8iv|r aA, ftattte, ufage, cuftom,
liberty, pritileee, or any other thing to the contrary in any wife
nocwithftanding; (7) and that the iheriff of the faid county (hal}
Hold ]dea of ripligmn^ and all other fuits and plaints under for^
cy (hilline^, m his county or fbire-coiirt, in like manner and
form as all oAer AeriflBi do within this realm of England ; Ci ) and
tfiat the iheriiF, efehcntors end coroners, that hereafter ihall be The fherifs
Mrithin the faid county or (hire of AHpnmoHth, (hall be obliged and efcheaton
and bounden to ejeecute all the Kill's procefles, and to make ^^^??' .
due !ietums thereof, and to ufe and exercife their offices accord- ^^^ * ^*
ing to the laws and ftatutes of this realm of Engkmdy in all and
every diing as the (herifl^, efcheators and coroners be obliged
and bounden to do in all and frmy other (hire of this realm of
Mf^kmd ; (9) and chat the iheriffs and efcheators oi the fiid
Ihire or county of Monmouth^ that hereafter (hall be appointed
by our &vereini lord tihe King, make their accounts tor their
laid offices in the King's exchequer in Ef^Umdj in like manner
and form asodier (henffs and efcheators (k) wirtiin this realm of
Engkmdi and upon fuch like pain and penalty as is upon other
iimtfs and t^eheators in every other (hire within this realm fk
Enghmd.
V . And it is enaAed by the authority afore(aid. That the lord^ Brecknocfcr
fltips, townftiips, parUhes, commotes and canmds of Brtck- (hire.
mock^ CndhwoiU TriUwn^ PinkiUey^ Englijb-iatgarib, fFt^
ta^arth^ Dynas^ the /f^ , Ghpuhogh^ BrefuUiSy Ca$^trcilf^ Lan*
^, BtofinUintfy Eftrodiw^ Bueltbe and Lingr^Sf in the faid coun«.
try or dominion of fTideSy and aU and fingular honours, lord*
ihips, ca(Ues, manors, lands, tenements and hereditaments,
lying or beihg Within the compafs or prccindl of the faid lord^
inips, pariihes, commotes and c^treds, or any of them, in
whofe Doifefficm foever they be or (hall he, and every part there-
of, (hail (hind and be for ever, from the faid feail at Att-Saints^
guildable, and (hall be reputed, accepted, named and taken as
parts and members of the faid county or (hire Of Brecknock ;
< 2) and that the faid town of Brukmck (hall be named, accq>ted,
reputed, uf^, had and taken, head and (hire-town of the faid
Aire or county of Brecknock \ (3) and that the (hire-court or
county of and for the faid (hire, or county of Brecknock^ (hall be
holden and kept in the fiiid town of Brecknock.
VI. And it is enaAed 1^ the atithority aforefaid. That the RadnorftEr^,
lordAips, towfi(hips, pariihes, commotes and cantreds of New
Raitt9ry EH/lbermoMj Elni'les^ Bongbred^ Glafitery^ Glawdi/lrcy
Mbilles Cimrchj Mekuithy BUwagh^ Knighton^ N^rtan^ Pre/Ion^
Cdmmothuder^ Rayder^ Gwethrmytn and Stenage in the laid coun-
try of Waks^ and every of them, and all and (ingular honours,
lordfhips, ouftles, manors, lands, tenements and hereditaments, ,
lyin^ or being within the compafs or precin6l of the faid lord-
(nips, townfliips, pariflies, commotes and cantreds, or any of
them, in whofe pofleflioDs foever they be or (hall be, and every
part thereof, (hall (land and be for ever, from the faid feaft of AU^
^'ff/i, guildable, and (hall be reputed, accepted, named and
^aken ^ pan;} aqd iQembers of the faid coynty or (hire of Rod- The ccrnntj
s$>«
AffliQ vieefimo feptkno Hsifitxci VHt ti$ss-
^io|]fltgome
court of Rad- mr ; (a) and that the fsud town of Nntf ^^hwr (ball be jianwd,
aT* u accepted, reputed, ufed, bad and taken bead and flme^t^wa of
& 1 H s. Lll ^ ^**^ ^^^^ ^^ ^""^ ^^ JWhr^r ; (3).and that tl»B fliirr-Qcmt
f. lis. * or count)' of apd for the faid county cr (hue of JZ0i«^9 (hall be
holden and kept one time at the £»d town ci New Xadftpr^ and
the next time at^e town of Ratbm'ggwf in the £uiie oouaty or
. (hire, and fo to h^ kept in the faid two towns aUtrms ladtiu for
ever, and in none other place*
VIL And it is eoaded by the aadbority. aferefiiid« That tbe
lord(hips» townihips, panmes, commoles and cantrods of
Mountgomeryj Kediwenktrrji Cmurfland^ Jrufltfy^ KnnUxiy D^
thur^ P&wefiandy Cluniflandy BaUfiey^ Ttmpceft^ Md.j&efiery in
the faid country offf^ksj and every of tkimx^ and all awl Gagii"
lar honours, lordflups, caftles, manors, lands, tenements and
hereditaments, lying or being within the compiirs or pcedn^t ot
the faid lordfhips, pariflies, tovnfliips, commotes and cantreds,
or in any of Xhem, in wbofe pofleffion ibevcr they be or (hall
be, and every p^ theta>f, fliall ftand and be for ever, from
the faid feaft of Att-SainU^ guildaUe^ and (hall be reputed, ac-
cepted, named and takoif as parts and members of the faid
county or (hire of Mmmtgomery ; (2) and that the Slid town of
Moutu^omiry (ball be named, accepted, reputed, ufed, had and
taken head and (hire*town of thefaid countv of AiMmigcmirj ;
(3) »nd that the county or (hire-court of anci for the faid coun-
ty or Aiire of Mmntgmury^ (hall be hcJden and kept the finl
time at the faid town of Mnmtgomeijf and the next time at the
Jtown q{ Magiinlftk^ in the fame (hire or county, and fo to be
kept in th^ upie two towns altimis vidbm (or ever, and in none
pther place.
y III. And alfo it is enabled by the audiority aforefaki. That
the lordjihips, townfliips, pari(hes, commotes and cantreds 01
Denbighkndy Ruthin^ Saint Taffie^ Kintiithwtn% Bmnfildi^ YaUs
Chirh and Qhirktland^ AtolefdaU and Hopefdalty in the faid coun-
try of IValeu and every of them, aivi all and fingular honours
.lordihips, paiUes, manors, lands, tenements and. hereditaments
lying or being within the compafs or precindt of the faid lord-
ihips, town(hips, commoles and cantreds, or any of them, in
whofc ppfleifion ibevcr they be or (hall be, and every pan there-
of, fliali ftand and be for ever, from tbe faid feaft of All^&aijiu^
guildable, and (hall be reputed^ aocepted, named and taken as
parts and members of the faid county or Otire of Denbigh \ (2)
and that the bid town of Denbigh (hall be named, accepted, re-
puted, yfed, had and taken head and (hire-town of the count);
or (hire of Denbigh j (3) and that the county or (hire-court ti"
pnd for the faid county or (hire of Denbigh^ (hall be holden and
, kept the iirft titne at the faid town of Dsnh^hy and the next time
at the town offfrixham in the faid (liire or county, and fo to be
kept in the £une two towns altemis vicibus for ever, and in none
other pisce.
TheKJnpftall jx. Audfcrafmuih as the tounties and /bins ^Brecknock, Rad-
cc^y^n^lZ "'"'• Mounrpomery <7f/// Denbigh, be far diftant from thedij cf
London, u'l ere the laws ^England is a^nmonlj uftd^ minijlerti'^
Denbighshire.
Altered as to
Moleldalc by
11 R. 8. c. 13.
'535-1 Afinovh^TstioieptumHENRici VIIL . 395
^MefiiM and iXituud ; and/ir that the inhabitants oftbefmdjbins ^cbecjuer at
BridhwekyRadmrjM€mtgm§ry^tADinbigh^bemtoffia^ ^ da^^S^' i
ar andaUli^id travel catlftbtir tntrttries tofeei the adminiftratiw ^DenbJgh.
P^iee^ (a) it is tbcrtfore enaAed bv the authority aforefaid^
That'thc Kin^ our foipcreign lord ftiall have one chancery and
exchocpier at hi« caftie of Bncknock^ and one other at his town and
caiUe of Denbigh ; ( 3) and that the (heriffs^ efcheators^ and other
officers accomptants of thecounties of Breeknoci^ Radnor^ Mtmnt^
gamery and Denbigh^ froifk and after die faid feaft of yfU^Saints^
ihall be yearly appointed by our fovereign lord the King, for
and within every of the faid (hires of Brecknock, Rather, Meunt* The accotincs'
gomery and Denbigh \ (4) and that the (heriffs, efcheators andoj^hciheriflftt
other eflkers acoompiants of the counties of Brecknock and Rad^ ^heT offic^
«tfr, from and after the faid feaft of jfll-Saints, (hall yearly make
their accompt^ before the King's auditors, and fuch chambers-
lain or baron c^ the faid exchequer, as (hall be thereunto ap**
pointed by onr faid ibvereign lord the King, in fuch like man«
ner and form as (heriffs, efcheators and other officers accompt-^
ants do yearly make their accompts in the King's exchequer at '
IP'eftninjUer within this realm oi England. (5) And that the (he*
rift's, efcheators, and other officers aceomptantsof the counties
of Metmtgemery and Denbigh, ftom and after the faid feaft of
jfli'Saints, (hall yearly make their accompts before the King's
auditors, and fuch chamberlain or baron of the faid exchequer,
as (hall be thereunto appointed by our faid fovereign lord the
King, in fuch like manner and form as (heriffs, efcheators and
other officers accomptants do yearly make their accompts in the
King's exchequer at We/imnfter, within this realm of England*
X. And that juftice. (hall be miniftered, ufed, exelrcifed and Juftice nfed in
executed unto the King's fubjeAs and inhabitants in eyenr ^^S^,f<J"^* '
the faid (hires of Brecknock^ Radnor, Mcuntgomery and Denbigh, Mountgome-
accordfng to'the laws and ftatutes of this realm of England, ry, and Den*
and according to fuch other cuftoms and laws now ufed inbigh.Vaugham
/^^//5a^refaid, as the King our fovereign lord and his moftho^ ^'7*
nourable council (hall allow and think expedient, requilite and
necedary, by fuch jufticer or jufticers as (hall be thereunto ap^
pointed by our faid fovereign lord the King, and after fuch form
and fa(hion as jufticeis ufed and miniftred to the King's fuligedls
within the three (hires of North ff^ales.
XI. And alfo it is enaAed by the authority aferefaid. That Towns annex-
the lord(hips, towns, pari(he8, commotes, hundreds and can- ed to the cou*^
treds of OJwefier, IVbetington, Majbroke, Knoking, EUefmer, Doume ty of Salop.
and Churbury hundred in the marches of fVaies aforefaid, and
every oi them, and all and (ingular honpurs, lordfhips, caftles,
manors, towns, hamlets, lands, tenements and hereditaments
lying or being within the compafs or prccin<5l of the faid lord-
(nips, towns, pari(hes, commotes, hundreds and cantreds, or
any of tbcm, in whofe po(reffion foever they be or (hall be, and
every part thereof, (hall ftand and be for ever, from and after
the laid feaft of jfll-Saints guildable, and (hail be united^ an-
lii^xed and joined to and with the county of Salop j as a member.
)94 ^^'^ vkefimo ^eptimo H&KMCI VTII^ [<S35-
part or pared of the fame; (2) and that the faid lordfllipt of
Ofveibr boa- Ofonjltry ff^inrtMj Mejir&ki and IDteth^j with their meii-
drcd in the ben» (hafl be taken, named and known by the nunc of the
mnty of 8a- hundred of Ofive/ler m the countr of Sahpi and the ihha}»-
^' tants thereof (nail be attendant and do eveiy thii^ and things
at every feUoni, aifife and gad-deiivery, to be holden within
thecountv of Salop ^ as theinhabitantaof all other handredsdo
within the faid county of Sabfp^ according to the lawis of this
Ellefnier in realm of Engltmd. (3) And that the lonUhip of ESe/mer^ ymA
lymbill hun- ^ members of the fiimc, (hdl be tinited, joined and knit to
^'^^ the hundred of Pymhill'm the county of Salop^ and ftiall be ta-
ken, named and known to be parcel of the (ame hundred ;
and tfie inhabitants thereof ihall be attendant and do every
thing and things with the inhabitants of the faid hundred of
PymiUj as the inhabitants of the fame hundred now do sxi
ufe) according to the laws of this realm of England. (4,) And
powne in that the lord(hip of D^wne^ with the members, ftiall be united,
g^«^«nr joined and knit to the hundred of Churhury in the cotmty of
•***^^- SaUp'y and that the inhabitants of the faid hundred of COmrbwrj
and lordfhip of Dmvne (hall be attendant and do every thing
' and things at every feflions, affife and gaol-delhrery, to be holden
within the faid county of Sahp^ as the inhabitants of all otho^
himdreds do within tne faid county of iaUfy according -to the
laws of this realm of England. (5) And that the faid hundred
of Churbury^ after die faid fcaft of Alt-SaintSy nor the iaid hun-
dred of Ofwefier^ nor yet the lonHhip of Elkfmir^ (hail be in
pu) wi(e otherwife privileged, nor have no other liberty nor pri-
vilege, but as hundreds united, annexed and knit to the faid
countv of Sahfy as other hundreds be within the faid county.
Toans annex- XIi. And that the lonKhips^ towns, parifhes, commotes,
•dto-thecoMAr hundreds and cantreds of Evojas Lacy^ Ewyas Harold^ Oiffsriy
2rd W«r jf^fffruny Ttrdejlej^ Huntington^ Jnjtnejy Wygmore^ Loghar-
ptys and Stepnlton^ in the faid marches of JfWes^ and every of
' tiiom, and a}l and lingular honours, lordfhips, caftlea, manors,
lands, tenements and hereditaments, lying or being within the
compafs or precind of the faid lordfhips, towns, parilhes, com-
motes, hundreds and cantreds, or any of them, in whofe pof-
fcfllion ibcver they be or (hall be, ana every part thereof, inall
(land and be for e\cr, from and afterthe faid fcafl of Jll'Sehifu
guildable, and (hall be united, i^nnexed and joined to and with
the county of Henferdy as a member, part or parcel of* the faint
county of Herffird*y (2) and that the lordfhips of IVygmfire and
LoghameySj with their members, (hall be taken, named and
known by the ngme of the hundred of fFygmore in the county
of Hereford aforefaid ; and that the inhabitants thereof (hall be
attendant and do every thing and things at every felTions, afTife
and gaol-delivery, to be holden within the faid county of //i?rf-
fordy as the inhabitants of all other hundreds do within the faid
pounty of Hereford^ according to the laws of this realm d
England. (3) And that the whole lord(hip of Ewyets Lstj^
with the members, fhall be taken, panitd ?nd known by the
pamc
^ 5S5«] ^°i^ iricefiaio Ibptimo Hemeici VlII. ^^5
name of tl^ buodfad of Ewfas Laty^ withia the laid coisatjr of
Utr^srdi wd the kibobitmits thereof (hall be attendant and do
every thing and things at every Ccffions, aflife and gadrdelivery^
to be bolden within the iaid county cf Mere/brd^ as the Inha-
bitaxHa Af ?U other (uipdreds do within the faid county of .Urr/r
/ird^ aopordin^ to the laws of this neahn oi England. (4) And
that the bidlhip of Mwfai ikrMf with the n3embcr39 Ihall be
united^ joined and luiit to the hufidced of H^eitr/ein the Cud
«:aanty of Uanford^ and /hall he taken, named and known toi
be paroel of ^he iaad iuindred of tf'ibtru^ and the inhabitants
thereof ihsdl be attendant and do every thing and thin^ witJi
the inhabkantsof the fame hundred olWAirUy as the mhabir
tants of the £iQie hundred now do, according to t^e laws of
this reabn ti England. (5} Add that the bcdflups of CUffard^
H^]^f9rUm% YerdijjU^y Wbitmy and Hunungtan^ with their memt-
bera, (hall be taken, named and known by the luuae of the
hundred QiHunting^^ within the county oiMerrfard aforefaic^
and that the inhabitaiats thereof (hall be attendant and do every
thing and things at every feflions^ ailife and gaol^delivery, to be
hokkn within the (aid coun^ of Henfordy as the inhabitants
fif all 4>ther hundreds do within the (aid county of Henfard^ a&*
cording to the laws of this resdm of England^ (6) And that the
iaid hundred of Wjgmare^ with the members, and the faid hun-
drjod of Ewyit Lmj and the (aid hundred of Huntington^ and
the (aid losdfbip or Etvyas Harold^ annexed mito the hundred
of U^ihtmy after the faid {ea&. otM-Saintij (hall be in no wife
otherwife privileged, nor have no other liberty, franchife, nor
privilege, out as hundreds united and annexed to the faidcounr
ty of Ekrefordy and as other hundreds be within the faid coua-
$y of Jiiufird. ^
XUL And that the lordfliips, towns and pari(hes of fTd- Tonm^ in th^
la/lpttfy Ttdnam mABiMiy^ in the faid marches of jyaUs^ and ^f^^ ^
all honours, lordihifis, caftles, manors, lands, tenements and ed^o'the^*^**
hereditaments, lying or being between Cbiffiiw bridge in tist county of
faid marches of fiOis and (ikucifierjhin^ in who(e pofle(Son Glouccft«r.
foever they he or (hall be, and every part thereof, ihall (land
and be guildable (rom and after the faid feaft of M'Saintf^ and
(hall he united, annexed and joined to and with the (aid county
or (Iiire of G/Mtf^^, as ? member, part or pared of the (ame.
^2) And that the faid brddiips, towns, and pari(hes/Of JVoL^
hjlam^ Ttdnam and Bichley^ and all honours, Iord(hips, caftlee,
manors, lands, tenemei^ and hereditaments, lying or being
between ChepftovJ bridge ^uofl the (hire of Glmiafter^ as is afore-
faid, (hall hie united, joined apd.knit to t^ hundred of Wefi^
b€fj within the £ud Il>ire ot CUnucfttr^ and (hall be taken,
named and known tp be part and parcel vi the (ame hundred,
and the inhabitants thereof (hall he attendant and do every
ihin^ and things with the inhabiums of the faid hundred oif
Wi^hny^ as the inhabitants of the fame hundred now do« ac-
cording to t)ie laws of this realm of England. (3). And tliat the
bi.4 ]p(dtfupe of H^$Uafimep Tifbiam a^d ^icbeUj, after tlip faid
fpaft
gg$ Am6 vicefimo fepdmo Henrici VIII. UsiS^
it^ 6[ Ml-SaintSy ihall be in no wife privileged^ nor haveany
other liber^, franchife,. ne pdvilqe, but as pared of the HA
hundred diU^ifibiry in the iaid county of Glwuftgr.
TowBtannex- XIV« And that the lordfliips^ towns, pariihes, commotes,
cdtotbecoun- hundreds and cantreds of Goweriihyy Bifl>ops Town^ Land^i^
tf^QX^nor-^lfigbmihifiifray Slnghnithijubtus^ Ma/kin^ Ogmare^ Gfyruratk-
fal^ Avofh Nitbif Laniewfff^ and the CZqu in the faid ooontxy
of IVaUiy and every of them, and all honours, lordfliipe, caftles,
manors, lands, tenements and hereditaments, lying or being
within the compais or pncindk of the faid lordlhips, towns,
pari(hes, commotes, hundreds and cantreds, or any of than,
in whofe pofleffion ibever the? be or fliall be, and every part
dier^i Audi ftand and be guiloable for ever from and after the
faid feail cfjtU-SainiSy and (hall be united, annexed and joined
to and with the county of Gkmargany as a member, pan or
parcel of the iame. {z) And that the iaid, (hire q£ GlMmrgsn
and Abrionmkiy and all die aforeiaid lordihips, towns, pariihes,
commotes, hundreds, and cantreds, united and »mexed to the
faid county of Glamorgan^ (hall frotifi and after the Aid feaft of
jtll-SaMs be reputed, named, accepted and known by the
name and (hire of Glamorgan only, and by none other name.
Juftiee cxeco- XV. And that from and after the laid fiuft of JUSaiMiSy
ted in GU- juftice (hall be mini(fa:ed and executed to the King's fubjeds
Mtfganikire. ^n j inhabitants of the (aid county of GlarMrgmiy according to
the laws, cuftoms and (btutes of this realm of Efq^lamd^ and
after no Wikb laws, and in fuch form and fa(hion as juftice is
miniftred and ufed to the King's fulge&s within the three (hirei
Qi Nprtb tValis.
Toimsamiex* XVI. And that thejordlhips, towns, pari(hes, commotes,
«d to the coon- bundneds and cantreds' of iMimtheueryy AbtnnerUfij Kedwffyf
tfciKMytr- EJkennif^y CcrnewoUhcUy NexucoAUy Emily Abergtyt^mihtbsi
•"^ country c^ JVaUsy and every of them, and all honoursy lord-
(bips, caftles, manors, lands, tenements apd hereditaments, ]y«
ing or bein^ within the cofnp^s or precia^ of the faid lonUhips,
towns, pan(hes, commotes, hundr^s and cantreds, or any c^
them, in whofe po0e(&on foever they be or (hall be, and every
part thereof, (hall ftand and be guildable for prer, from and
after the (aid feaft of AU-SdnUy apd (hall be united, annexed
and joined to and with the coui^ty of K^irmarthniy as a mem-
ber, part or parcel of the fame; {%) and that from and after
Uie faid feaft of JU-SaintSy juftice (hall be mini(fa-ed and executed
to the King's fubje&s and inhabitants of the faid c6unty of K^-
ormartbitty according to the jaws, cuftoms and ftatutes of this
realm of Engkndy and »fter no fVikb laws, and in fuch form
and fafliion as judice is miniftred and ufed to the King's fub-
ie^ within the three (hires of Nortb fFakSf
Towns annex- XVII. And that the lord(hips, towns, pari(hes, commotes,
edtorhecoun- hundreds and cantreds of Haverfordwejiy Kilgarrany Lanjleff{my
broke ' Langibamty otherwife called Talumehemiy WdwynfcaftUy Diws-
^ln{\\ »»t. hndy iMtnfbadiiHy Lfinft^y Hfrbirth^ SUbfde^ ^Jmqriety Cq/lil-
535-] Anno vicefimo fcptimo HenriCi Vlft. 39^
m and Landofleure^ in the faid couAtrv of WaUs^ and every rf
[lem, and all honours, lordftiips, caitles, manors, lands, te^^
ements and hereditaments, lyine and being within &e com*
afs or precinft of the faid lordmips, towns, pariihes, com-
notes, hundreds and cantreds, or anv of them, in whofe pof-
dTion focver they be or (hall be, ana every part thereof, ftiall
tand and be gaildable for ever, from and after the faid feaft of
tll'Saints^ ai^ (hall be united, annexed and joined to and with
he county of Pembroke \ (2) and that from and after the faid
Kift of jflUSatnts^ ju(tice (hall be miniftrcd and executed to the
king's fubjedls and inhabitants of the faid county C3{ Pembroke*
ccording to the laws, cuftoms and ftatutes of this realm of
inglandj and after no ^ekh laws, and in fuch form and fa(hion
s juftice is miniftred and ufed ta the King's fubje<5ls within
he three (hires of North fVates.
XVin. And that the lordfhips, towns, parifhts, commotes. Towns annex*
Lundreds and cantreds of 7r<^flr^;r, Glenergine^ Laniway^ Ureny^ cd to tHccounl
n the faid c6untry of fVdkSy and every of them, and all ho^ ^ ^ Cardi-
lours, lord(hips, caftles, manors, lands, tenements and he-^*^'
editaments, lying or being within the compafs or precinft of
he faid lord(nlps, towns, parifhes, tommotes, hundreds an4
antreds, or any rfthem, in whofe pofle(rion foever they be or
hall be, and every ^art thereof, (hall -(land and btf guildable
or ever, from and after the faid feaft of Jll-SaifitSj and (hall be
mited, annexed and joined to and wifh the county of Cardigan^
s a member, part and parcel of the fame; (2) arid that froni
nd after the (aid feait of Ad^aintSy juftice (hall be minj(h-ed
nd executed to the King's fubjedts and inhabitants of the faid
ounty of Cardigarty iccordihg to the laws, cuftoms and fta-
Dtes of this realm cf England^ anci after no ffiifch laws, and in
nch form and la(hion as juftice- is miniftred and ufed' to the
C^in^s fubje6ts within the three ftiires of North fTales-. -^
XIX. And that the lord(hip, town, and parifh of Mouthway^ TowntamicK*
I the faid country of fValeSy in whofe pofle(Son foever it be, edtt*dieafl«D*
nd all lands, tenements and hereditaments now lying or being ^J^ Mcrio-
within the compafs or precinA of the faid lordfhip, town and "
nd pariih of Mouthwayy or any of them, in whofe poffeflioii
jever they be or (hallbe, and every part thereof, (hall ftand and
« guildable forever, from and after the faid feaft of Att-Sawts^
nd (hall be united, annexed and joined to and with the county
f Merioneth in Norlk-JVaksy as a commote, member, part or
•arcel of the fame.
XX. Alfo be it enaScd by the authority afbrefaid, That all Se(fion$,
jftices, commiiBoners, (herifFs, coroners, cfchditors, ftewards, ^"'"J** ,{^^**»
nd their lieutenants, and all other officers and minifters of the ^e't ilrliJ^
iw, (hall proclaim and keep thefeflSons courts, hundreds, lects, EngliOi
ficriffs courts, and all other courts in the Eftglijh tongue ; and tongue.
II oaths of officers, juries, and inquefts, and all other afiida* '
its, verdi^ and wagers of law, to be given and done in the
\ngUJh tongue ; (3) and alfo that from henceforth no perfon or
erfons that ufe the WiUh fpeech or language, (hall haveor en-
joy
j^ Amiame6tfafe|MiaioHE»iu^ i%Sl5.
jov any manner office or fees^ witkia tfab ralnr of JBt^iaid!^
^^^f> Of other the King's doanioo, iqpon fitia of foifntrng
' the bmt offices orfees, unleb he or they ufe ^mI eKoimCb the
'Sf^^ ^^* And iTis^'^tlier eoadled by the authority ^anUi,
mifniled per- That it Audi be hmful fto the ftieriff of eve«y of the aforefeid
foil under (hires of MftmMithy ^edtmfkj RAimir^ Mmgmmry and Dm-
common ^^}^ ^g^ ^^^ 0f them, to putevery miTmled and furpeAper-
u^&^ H. S. ^ whhin their ffieriffmck, un^ eomsMi^ inampr^ end fure-
c;a6. ' tyofdMir. pcrfonal appeanMoeev astheteriffsdoTric^
of the three Qmt!& of N^A lV€lis\ (2) and that the reoogni-
sanoes of fueh common mainprife and fiarety'of a^eaffanoe
taken before any of the fiudiheriffsy ftnilbeai goodandeffiec-
tnal as if it weretaken by »»y jnftioeof reooid.
Certificate of XXIL And that the Iheriff (tf the comity ^ Mmumub (haU
recognizance certify fiich recDgniwincesy ONnftion mekipcile or furety of ap-
SnMonmouth. p^anoicey at eyery quarter-feffions, before the juftiocs of the
peace of the fiud county of MmmmUh"^ (a) and that ev^ry per-
fon or perfoAs within die fiud county of Mmmmii^ put imder
common mainprife, and bound to his perlbnal appemnno^
fiull keq» their perfenal appeavanoe at the iefficns hcMeft with*
in the £nd (hire of Afymoiuhj next irfter the ckniieof Bif^er^
and at the feffiens to be holdea within the faid (hire neaet iit<r
the feaft of Saint Aiieboil the archanget, until (uch time thst
they be thereof releafed after ^ formof the law.
Certificate of XXIII. Aad that every of the (herifis of the find counties of
recognisan- Brnknnky Radnor, MmitgmirymA Dinkigh^ and every of them«
^^' ftiall cen% Aich racognizances, common mainpriie o/r (iirety of
appearance hy them taken, before fuch }u(Uce as (hall be ap-
pointed by our foveieig^ lord the King wMa^^ every of ^ faid
(htresr Sft every (efions to be holden in any of cbe (aid (hires be-
A««^«nr^ftf ^^'^ ** fiwne juftice,
2;^^^^;^''^ XXIV. And that every perfon and pciibns within the find
asrbeutid* counties of Bredtnak^ Radfw, Mmttgmery and DenUgh, and
alfo within the abovenamed counties ^Qlammrgan^ Kofirmar'
Aen^ Pmbr^ki and Cardigtmi or any of them, pot under com-
mon mainprifey and bound to his or their per&mal appoftrancei
as well by the afbretaid (heriffs, as by the juftioes of any of the
faid counties^ (hall keep their appearances be^MPe the faid juiti-
ces at every fefitons widiin the fiiid countiesi to be htdden, in
fuch like manner smd form as is fikd in the thre^ (hires of
Ncrtb T^ales.
Lord marclicr ^-^^- Afiif^'4hathi l^di fimriber$ hefori tbh prtfy^per^
Ann have half ti^ifff^^ f^FUi ujii to put their tiwnts within tpiir Ut^ps martbers^
the forfeiture under fiuh eemmoH mainprife cndfunty dfe^earame^ Md haen hai
of hit tcnanti. the fwfriturei thertefy which for ever from mid after the findfeefi
Farther in-ovi- */^ All-Saints, Jbatl uttertf ceafe and detertrme : (2)' therefore
fions relating be it ena^ed by the authority aforefaid. That after the faid
^«»"«*2» »* 4 fcaft of utf/-&«»/;,' every lay and temporal perfon now being a
\c' f , *^* lord marcher, (hall have the moiety or haltof every fijrfeinire
C9. pi. f. 534. ^^ ^^ ^^ common mainpri(e^ rsccgni^aiiee for ebb peace
or
15350 <^^ ticefimo fepdiiip HENkici Vill. 999
or appeaTMCCt forfeited by any of their fermitl iifikaUtblg
within any of their lordfliipfr dnarcbers ^ ( 3) aftd fhef t^ be paid
the fame lAoiety or half by the Im^ of the fteHffs of e^ei^ e^
the fame counties wher« (udi foifeifure& ihall he, if th& (heriff
can lery tlie hmti (4) irid the fatfie fli^riff lo aoaoum to ouf
ibvereign lord the King for the other half or moiety, in fuch
exchequer as they be bc^nd 10 be accodfptant.
XXVL Be it ftiither enabled by ^e authority afore&id^ Commifliont
That itnmediaeely upon the pfoi^ogition or diflbhidon- of th» to divide the
prefent paiiiament, the lord chatioellor of EngiirtJ (baU diiea AiM^f^J^
the Kiitg^a cortrnilffion uridter hi^ Grate's great fea]« t^^ fuefc *«»*»«»«»
perjRxis as' to him (hal) be thought eonveniont, to enquire and
view HI the faid (hirea of K^^rmarihm^^ P$mhch^ OafUgofis
Monnwuih^ Br^knodt^ Hadri$r^ AAtmtgdmiryy Gkm^an and
Dinkfgby and every part and paivd of fheai ;< and lipail Ibch
view and fear^h^ to divide them- and every of them itilo ib
many hundreds a» they Ihall diiMls moA tkieet andironvenv^nt $
(2) and the hundreds (o divided /hall Hkoim and ctrnify with
the faid commiffion into the high court lif ch«noery before the
£iid fcaft of AU-^SainiSj stnd the fame toremaiki of i«cbid, and
to be of fuch ferae and tfkS: at it were by adl of ptA-liamiiftr i
(3) and that the &id hundreds) after the fiiid certific^e^ (haM
be uAid and tdlcen as ether hundtedii be in everf other (hire
iwithinthia^realmirf'iS/i^Ami. '
XXVII. Ftuthermore it is enabled by4he authofhy tfdtt* Commiffionf
(aid. That iniAiediately after the p^drogarion or diflbt^tlon of to inquire the^
this pfefent piMiammr, the lord chanceUor of^i^itotrf'fliall {*'»»*»^«»-
dircA the King's commiflion under 'his Grace's great feHl to yJU^^
&ich perfons as to him (hall be thought cotiveitieM, -to^eifeqUirq *• . t
and feanrch out, by all ways and means that theyetfn, all dnd
fingutar laws, nfages and cuftoms uiedwirhifi' the fci^domknon
and countrr of ff^a^ts j (2) and the (iwiic ftail letHrti sottdfcer-
tify to the icing's htghnefs, and his friibftliehourabldcounti]; be^
ibre Ae faid feaft of All-Sainh fiext- cenAiig ; (3) and ^Haif'iipbri
delfterate advicer thereof had and taken4 all (uchlaws, ufagea ' '
amd cuftoms as the King's highnefs andhis faid moft-f&Onour^
able council ftail thinic expedient, reqtriiite and neceflary
to be had, ufed and exereifed in the before rehearfed Ihite, ....
or wKfof them, or in any other (hire of the dominion orxxwn-
try Of fVdks^ (hall (land and be of fall ftrength virtue and
effeA, and (hsdl be for ^vdr invibrablyobrerved, had, ufed and'
executed in the fame (hires, as If thi^ a<ft had never been had
ne made ; any thing in thclame aA connnned to the contrary
in any wifenotwith(hinding.
XXVIII. And it is farther enaifledby theauthoiitva(areraid,< Two knights
That for this prelent parliament, and all other parliaments to tor the Hurt of
be holdcn and kept for this realm, two knights (haH be chofen ^^""^J^ll'
and elefted to the fame parliament for the (hire bf Monnmtb^ «^sfol•^hS'^" '
and one burgefs for the borough of Mmmwtb^ in like manner, ^wiw
form and order, as knights and borgefles of the parliament be
eleAed and chofen in all other (hires of this sealm of Enghndy
(2) and
¥»
Knighti and
the parlia-
ment in
Wales, and
their feet.
Lords mar-
chersfliall
keep their
liberties.
Farther pro-
vifions re-
lating hereto*
i&iPh.&M.
Thecuftomf
of North
Walctand
the county
Ealattne ot
ancafter
Javcdt
Anno vicefimo fepdmo HBNltidi VUI. [ 153 ^^
(a)atiidtbaltlie£uiieknighu tod burgcfles (hall have like d^«
nity, preeminence and privilege, (3} and (hall be allowed fuch
fees, as other knights and burgefles of the parUament have been
allowed; (4.) and the knights fees to be levied, perceived^ re-
ceived, gathered and paid in fuch manner, form and ordcr^ as
fuch fe^ be ^thered, levied, perceived, received and paid in
other (hires (U this realm of England i (5) and the biirgcues fee^
to be levied as well within the borough of Monmmub as withia
all other ancient boroughs, within the faid (hire of Mimmmtb.
XXIX* And that for this, prefi^nt pariiament, and all other
parliaments to be holden and kept for this realm, <Hie knight
(hall be chofien and eleded to the fame parliaments for every
of the (hires of Bmknock^ Rjaimr^ M<nMg9mery and Daiigh^
and for every other (liire within the faid county or dqminioa of
Wdei \ (2} and for every borough being a (nire towa within
the (aid country or domuiion of Walesy except the (hire toi^n
of the forefaid county of M^iMeth^ one buigefs ; (3) and the
eledtion to be in like manner, form and oider, as knights and
burffdies of the parliament be eledted and cbofen in other (hires
of Siis realm; ^4.) and that the knights and burgefles, and
every of them> insdl have like dignity, preeminence and pri-
vilege, and (hall be allowed fuch tees, as other knights of the
parliament have and be allowed ; (5) and the kni^s fees to
be levied and gathered of the commons of the fliire that they
be tfleded in ; (6) and the burgees fees to be levied and ga-
thered as weU of the boroughs and (hire-towns as th^ be bur*
Sifes of, as of all other ancient boroughs within the (ame
ires.
XXX. And it is further enaded by the authority aforefaid.
That all and every lay and temporal perfon and perlbns, now
bein^ lurds marchers, and having any lordfhips marchers or
lordmips royal, fl\all from and after the. faid (eaft of AU^Sdnti
have all fuch myfes and profits of their tenants, as they have
had or ufed to have at the firil entry into their lands in times
paft, (2) and alfo (hall have, hold and keep, within the pre-
cin<fl of their loiddiips, courts baron, court leets and law-days
and all and every thing to the fame courts belonging ; (3] and
alfo (hall have within the precinct of the (aid lord(hips or law-
day, waife, (haife, infanthef^ outfanthef, treafuretrove, deo-
dands, goods and chattels of felons, and of persons condemned
or outlawed of felony or murder, or put in exigent for felony or
murder, and alfo wreck de nur^ wharJFage and cuftoms of ftrangers,
as they have had in times paft, and as though fuch |>rivile^s
were panted unto them by our fovereignlord the King by point
of charter, any thing in this prefent a6t to the contmr}' not-
withftanding.
XXXI. Provided alway. That this prefent a(3, nor any
thing therein contained^ (nail take away or derogate any laws,
ufages or laudable cuiloms now ufed within the three (hires of
North Urates ; (2) nor (hall not deprive nor take away the whole
liberties of the duchy of Lamajler^ but that the faid libcnies
(hail
J 5 35O Anno Ylcefimo ieptimo HBNftici VIiI» 40 1
ihaU contfnue imd iw iifed in fevrry bitlfhi^ parrd of tfaeiai4
diichy» within the domiDion and country of fFi^s^ as the li«
beitifisof fhe'fttel iudiy, be oftd in (hire ground, and nc^
couoiy •ahtine^ within this realm of England.
^AaIL Praivided alfo. That this aft, nor any thing there^
in contained, xto not extend nor ib^ prejudicial to any pedim
or perfons, to avoid any patent, joint patent of any office fees, a refervadoii
atifitririea or m^nerfion of* any office fees or annuities to them of patenti.
granted^, temi of their life or lives^ by our fovereign lord
the King^ or fay any oftef< peifibn or poitms, eitlier for the
vfiog, exafdiog or occupying any manner of office or other<»
vrifef {a) but 4ut they ihall have and enjoy their faid fees^
and all other offices or conftabiefliips, porterihips, Aeward-*
ihipsof leets^ law»days, court barons and other offices, being
not x«pugiumt ag^sft .this aft; (3) and in cafe any fiich offices
be repugnant againft this aft, that then the gnmtees to hav9
jusd enjoy their :fyes during their life or lives ; any article or
ckui&jn.tbisfwciant aifttotheoodtraryin any wIks not^ith*
ftanding.
list. itoridedaUb, That this aft* nor -ahy thing there^
in contained, be notiaanywife pmjudicial to therighrhonoiir-
able iftoryicarl vi WiKrc^mri^ fordifcexercifing, ufing andx>c- SaiiofWor*
dipying of the odlce of the juftioi of the whole county of Gbr-- cefter juftice
morgan \ .anf ithiog in this p^tfent aft contained to the contrary <^<HaaBGigao,
m axnr vnk notrndhftancKng;
XXXIV. Fto¥ided alfo. That this aft, nor atoy thing there^
in contBined, siilBnd aotto^dspsive, take away or derogate aiiy
other afts befcore this time anode for the trial of treafon, mur<^ ^$ H. g, c, 6,
der orMojidesi or acceffiirksrf the faaae, committed an^done
in aay lardAipiaareber in JKi/rH) in the next (hirte 6i Engkmi
adjoining to the laid lordfbip'iHareher.
YJLXV.' Pf0videdahfvay4 That lands, tenements and here*
ditaments iying i^ the faid fioontiy and dominion of U^akfy
^faieh bans faaen^ufisd time eat of mind, by the laudaUe cuftoms x,tnAi
sjf tbeiaid aanitry, to be departed and deportable among iffiics pjutaMe.
and bein maks, (hall-ftiil ib continue and be uftd in like form^
faihioa and cohdition^ as if this aft had never bten had nor
made; any thing in diia aft to the contrary theseof notwith«>
landing.
XXaVL Pnwided aifo^ and he it enafted by the authority
afiorefiud, T4itt thedng's faighnefs, notwithftanding this aft,
ior any tbis^ therein cpntained,.ihall have fHiwcr and authority^ The Kiag
for the term of three ycaiis ^lext a&cr the end and dcflbhttion mayfufpend
of this prefisot parliament, to fiifpend for fuch time as thail ^r revoke (bif
* pleafe his Grace, or utterly to repeal, revoke and abrogate, this "*^^*
whole aft or any part thereof, from time to time, asfliaU ftand
with his moft gracious pleafure, fo thatcvcry fueh fu^nduig,
repeal and revocation froai time to timc^ as often as any fuch
cafe (halt .happen, ihall be made in writing under the great
feal of England^ and" be annexed to the roll of this prefcnt par-'
liamcat wherein this aft ftiall be inroUed, and proclamations
. Vol. IV, Dd thcrt^ .
402 Anno vicefimo fepdmo Hekrici VUL [1535*
thereupon to be made in every ihire within the fiud countrf
and dominion of fFalis ; (2) and diat every fudi fufpending,
repeal and revocation, fo to be had and made by the King*»
highnefs, (hall be as good and efie6hial to all intents and pur-
pofes, as if the fame had been done by authority of this pre*
ftnt parliament ; this aft, or any thing therein contained to
the contrary thereof notwithftandin^
XXXVII. And where hy this prefent aS there is i^mtii me
ehancery and one exchequer at Brecknock, and another chancery and
The Kii^ exchequer at Denbigh, it is enaded by authority afioreCud, That
may erea in the King's highnefs, from time to time, within the term of
^^^ ^^ ^ five years next after the end of this parliament, for doc mini-
Md m«^S *^^o" of juftice in the faid country of ff^aleSj fliaU have power
&c.Mhe wiU. smd authority to ered, make and ordain fiich court or courts,
and fo many courts of record, and fuch and fo many juftices,
minifters, officers and clerks, as by his highnefs within the
' time of five years next after tfie end of this prefioit pariiarocnt
fliall be thought fufficient and convenient, as well tor the due
execution of this ac^, or of any thine or thin« that (hall be had,
done or made by authority ot the fame, as tor the good gover-
nance and rule of the faid country of ff<ales.
XXXVIII. Provided alway. That this aa, or any thing
or things to be done by authority thereof, fliall not be prgu-
Tbe office of dicial to any perfon or perfons, which now have by the King's
prochonotanr [etters patents any office or offices of prothonotary or ckrk of
the cTvwTu ^^ <^rown in the faid coimtry or dominion of ff^ms ; but that
they and every of them (hall and may ftill have and uie thdr
offices in as large and ample manner, form, fa(hion and con«
dition, as if this aA; or any thing to be done by authority
thereof, had never been had or made, any thing in this z& to
the contraiy thereof notwith(huiding.
XXXIX. Provided alfo. That this ad, or any thing there-
in contained, extend not, or in any wife be prejudicial or hurt-
Lord Ferren^t ful to Sir leaker DevereuXj knight of the noble order of the Gar-
•fficet in ter, and Lord Ferrers of Chartley^ of, for and concerning the
fcrv^/^ offices of chief juftices of Smth fValeSy the office of chamber,
lain of South IVales^ and of the counties of Carmarthen and
Cardigan in Smth f/^ales aforefaid, and of and for the office of
the fteward(hip of the lonUhip of Bealih in the marches of
South fValeSj and of and for tlie office of receiver(hip of the (aid
lord(hip of Bealthf or of, for or concerning any or the faid of-
fices ; (2} but that the faid lord Ferrers may have, ufe^ exercife
and enjoy the faid offices, and every of them, with all fees, wages,
emoluments, commodities and profits to the fame offices, or
to any of them in any wi(e belonging or appertaining, in as
large and ample manner, form and condition, as if this a6t had
t Ed. 6. c. 10. never been had or made.
CAP. XXVIL
^ An aA e(hbli(hing the court of augmentations.
7Ed. 6. c. ft. _
iM.rdr.i.c.io. ' CAP.
I £lix. c. 4*
1 535-] Anno vicefimo feptimo Henrici VIII. . 403
CARXXVIII.
* Att monafteries ghen to the Kingy which have not lands
above two hundred pounds iy the year.
rOrarmuch as mamfift fynrn^ vicious^ carnal and abominable ^ Am act that
living is dayly ufed and committed commonly infucb Utile and ffT'^'^*'
fmaU abbeys J priories, and other religious houfes of monisy canons i^l^^^^
and nunsy where the congregation offuch religious perfons is under ,y^i^^l^
the number of twelve pe^ons^ whereby the governors offuch religious hundred
boufesy and their coventy fpoyUy deflroyCy confume and utterfyP^'^fi^
umftcy as well their churches^ monajleriesy pHoriesy principal houfes^ ^^oived
farmsy grangesy lands, tenements and hereditamentSy as the or- /^ tieU^
fiaments of their cburcbeSy and their goods and chatellsy to the high and bis bars,
difpleafure of Almighty Gody flander of good religiony and to the great ""§?5' ^*^^'*
infamy of the King's highnefs and the realmy if redrefs JhouU not r"^™J*
be had thereof. And albeit that many continual vifitations hath been *"''^
heretofore hady by thefpace of two hundred years andmorey for an ^Usjlatuteii
honeft and charitable reformation offuch unthriftyy carnal andabo- osmttedby
minabk living y yet never thelefs littU or none amendment is hitherto hady **^-
but their viaous living Jhamelef sly encreafeth and augmentethy and by
a cur fed cuflomfo rooted and mfe^edy that a great multitude of the
religious perfons infucb fmall houfes do rather choofe to rove abroad
in apojiacyy than to conform themfelves to the obfervation of good
religion j fo that without fuch fmall houfes be utterly fuppr^d,
and the religious perfons therein committed to great and honourable
monafteries of religion in this realmy where they may be compelled to
live religioujfyyfor reformation of their livesy the fame elfe he no
redrefs nor reformation in that behalf In conftderation whereof y
the Kin£s mofi royal Majeftjy being Jupreme head on earthy under
Gody of the church of England, dayly Jludying and devyfmg the in-
crecJcy advancement and exaltation of true doctrine and virtue in the
faia churchy to the only glory and honour of Gody and the total extirping
and dyftruhion of vice and finy having Inowledge that the premiffes
be trucy as welt by the accompts of his late vifitationSy as by fundry
credible informations y conftdering alfo that divers and great folemn
monafleries of this realmy wherein ^thanks be to God) religion is
right well kept and obfervedy be deflitute offuch full number ofreli^
gious perjonsy as they ought and may keepy hath thought good that a
plain, declaration Jhould be made of the premiffeSy as well to the lords
fpiritual and temporaly as to other his loving fubjeSls the commonSy '
in this prefent parliament ajfemhled : whereupon the faid lords and
commonSy by a great deliberationy finally be refolvedy that it is and
Jball be much more to the pleafure of Jlmighty Gody and for the ho--
nour of this his realmy that the poffeffions of fuch fmall religious
houfes now being fpenty fpoiled and wafted for increafe and mainte^
nance of finy Jhouid he ufed and committed to better ujesy and the un^
thrifty religious perfons y fo fpending the fame y to be compelled to re^
form their lives : And thereupon moll humbly defire the King'i
highnefs that it may be enaded by authority of this prefent par-
liament. That his Majefty (hall have and enjoy to him and
D d 2 liis
/o\ Anno vlccfimo iiptimb ftfewkrci Vlfi. 1^1535.
Alt monafte- his heirs for ever, all and iin|;ular fuc^ monafteries, priones
ries given to ^nd Other religious houfes of monks, cations and nuns, of what
^h* h^^Tc ^^ of divcrfities of habits, roles or prdcrfoeverthcy be called
not aboTc two or namei, which, tiavc not in landsj. tcneoifcnts, rents, tytbes,
hundred portion^ and other hereditaments, abovSe ^Ke clear yearly value
pounds lands, of two huridVed pound. (2) And in like rti^oticr Ihall have
r ^S**'* ^"^ enjoy all the liteis arid circuits <rf every fuch rehgious houfe,
£!^mb. and all and Angular the manors, granges, meafe^, lands, tent-
ers. ' fnents, rents, reverfions, ferviccs, tithesj \)entions, pcntions,
31 H. 8. c. 13. churches, chapels, adVoWfons, patronages, annuities, rights,
35 ^- J- ^•**' entries, conditions, and other hereditaments appertaining or
J^£jg[ ^"'belonging to every fuch tnoniiftery, priory or otliirr rdtgiotis
* ' ' ' houfe, not having, as is afof eftirf, above the faid dear ycarty
value of tvyo huiidrcd pound, in as Jarge and ampfc manner
as the abbots, priors, ^abberfes, pifercflfes and other governors
of fuch monafteries, priories and other religious houfes now
have, or ought to have the fame in the right of their houfes,
TheKingfhan (2) And that alfohis HighncTs (hall have to him tod to his
^ri« iSbrt" ^*^^^^ ^" '^^^ fingul'ar fuch monafteries, abbies and -prjories,
affuredtohim, which at any ttnit within one year next before the making of
or that have * this a6t hath been given and granted t6 his Nfajefiy by any
bccnfuppref- .abbot, prior, abbefs or prjords, upder ^hcir covent fcals, or
H b 110 •^'^^ otherwife hath been fupprcfled or diflolved, and all and
0 .a4»>307. jjif^g^jgr ^},jj inariofs, fii'nds^ tehements, feritt, ferviccs, rcvcr-
fions, ti^te^ ""^chiibns, portions, <*htirches, chapels, advoWfons,
patronages, tights, cnWps, cdnditi6ris, and all other tntertfts
and hereditaments to the fame moh^ftcrfes, abbeys and priories,
or to any of them kppertaihing dr'belon^hg; (4) to have and
to hold aU and (irigular the pretriiflc*s,wyn ^n their rights, pro-
''fits,jurird5<?Bons arid coriimodWes, unto the King^ majefty,
and his heirs and affigns foY ever, "to dq arid u'fe thefewith his
and their own wills, to the plAifurc df Almighty God, :md to
the honour and ^'profit of this realm*
They (hall en- TI. And it is ordained and enacfled by ^Ke authority aforefeid,
joythofcab- Thit all 'arid every perion and peribrls, arid bodies politick,
w^oin'thV*^ which now have, pr hetleafter Ihall h^Ve, ariy letters patents
King hath of the King's highnefs, of any of the fite^, circuits, manon,
given them, lands, tenements, ren^, reyeriiohs, ^Jervi(fSes, tithes, penfibns,
portions^ churches, 'chapels, *adv6wtbnt, pfetrbnages, dthcs,
entries, Conditions, interefts or other herediramerits, which
appertained to any monafteries, abbies or priories, heretofore
given or granted to the King^s higfihefs, br othemifc fup-
prcfled or diflolved, or which ;ippertaineth to ariy of the mo-
nafteries, abbiesf, 'priories or btliir religious ^houfes, th^t Ihall
be fuppreflcdofdiflblved by the'^uthoriry of ihis*a6t,'(ha]lh^ve
and enjoy ^he faid fites. Circuits, manors, lands, tenements,
rents, revetfions, fervjces, tithes, pcnfibns, portions, churches,
chapels, advbwfons, patronages, tithes, entries, conditions, in-
terefts anfd all otlier hereditanients, contained and fpecifi^ in
their lette s riatents now being tli^rcof made, and to be contained
and cxprefled in any letters j/af^rits ben?after f o be made, "ac-
cording to the tenor, purport' ihd cffcd of any fuch letters
patents;
^535*} M^9 viccfuno feptimo Henrigi VIII. 405
patents 5 ^d (h^U alCo have all fuch a<5liotis, fu '^s, entries and
remedies to all m tents arid, purpofes, for any thing and things
contained in every fuch ^etter^ patents now m^de, or to be con-
tained in any fuch fetters hereatifer to be made, in like manner,
form and conditions, as th^ abbots, priors, abbeflesi pnorefles,
and other ^hi^f governor^ of any religious noufeV v^lch^ had
the fame, might o^" oiigh^ to have had, if they Had riot been
fupprefled or diffolved. • • - ■ » * ^ . -
A faving of
, ., ., , :t governors t ^. . „.
ipecified in this a6l, and the coyents of the fame, arid their
fucceflbrs, and fuch as pretend to Vje fouriders, patrons or do-
nors of fuch ;*cligious houfes, or of any lands, tenemerits or he-
reditaments belonging to the fame, ana their heirs arifl fucceflors)
all fuph pghf, title, interel^, pofleflTiqns, leafes for years, remits,
fervices, annuities, cbnimodities, (tos^ offices, liberties andliv-
other religious houfes, or in o^ to any manors, lands,' tene-
ments, rents, reverfions, tithes, penfions, portionis, or other he-
reditaments ^ppertairilrig or belonging^ or that appertained to
any of the faid monaftencs, priories or other religious houfes,
as if the iamc xrionafteries, priories or other religious houfes
had not been fupprefled by this acSl, ^lit bad continued in their
eflential bodies and ftates tnat they now be, or wcfe in*
IV. Provided always, and be it epac^ed, Tt" hat foraftnuch as Fraudulent af-
divers of the chief governors of fuch Verigious houfes, determin- by'^^ovVrn^^^
ing the utter fpoil ?nd deftrpdjion of their houfes, and dreading ofltotifesbe-
the fupprcljing thereof, for the riiaintenancc of their deteftabk fore their dif-
livcs, have lately fraudently and craftily madcfcoffments, eflates, folotions fliali
gifts, grants and leafes, under the covent feals, or fufFered reco- ^^ ^^^'
veries of their manors, lands, tenements and hereditaments in
fee-fimple, or fee-tail, for term of life or lives, or for years, or
charged the fame with rents or corrodies, to the great decay arid
diminution of the houfes; that all fuch crafty and fraudulent
recoveries, feoffments, eftatjcs, gifts, grants and leafes, and every
of them, Dfvide by any of thjB feid chief governors of fuch feli^
gious houfes, under tneir povent feals, within one year next be*
Fore the making of this acft, fliaJI be utterly void and of none ef-
fe(5l: {2) provided alwavs, That fuch perfon and pcrfons as
have leafes for term of life or years, whereupon is referved the
old rents and ferms accuftomed, an(l fuch as have any ofnces,
fees or corrodies, that have been accuflomed or ufed in fuch rc-
Jigious houfes, and have bought any livery or Jiving in any fuch
lioufes, (hall have and enjoy their laid leafes, offices, fees, cor-,
rodies, liberties, liveries and livings^ as if this a(5l had never been
made.
V. And It is further'ena6led, by autliority aforefaid, That the Ornaments,
Kinjg's bighncfe flialj have and enjoy to his own proper ufe, all jewc «,gogi^^
P cl 3 fucb
4o6 Anno viccfimo fcptimo Henrici VIII. [i535-
cbattelty debts fuch ornaments, jewels, goods, chattels and debts, which ap-
ri« ^"wm^to P^*"^^^ ^^ belonged to any of the chief governors of the bid
tl&e jSjDj^ monafteries or religious houfes, in the right of their (aid mona-
fteries or hou(es, at the firft day of Aiarcb in the year of our
Lord God 1535. or any time uthen whenfoever, and to whofe
pofleffion foever they (hall come or be found, except only fuch
beafts, grain and woods, and fuch other like chattels and reve-
nues, as have been fold before the faid firft day of March or
fithen, for the neceflary or reafonable expences or charges of
any of the faid monafteries or houfes.
Provided always. That fuch of the faid chief governors which
have been eledt or made abbot, prior, abbefs or priorefs of any
of the faid religious houfes fithen the firft day oi January^ which
was in the year of our Lord God 1534. and by reafon thereof
be bounden to pay the firft-fruits to the King's highnds,. at days
to come, limited by their bonds made for the £ime, that in every
fuch cafe fuch chief governors and their fureties, or any of them,
(hall be clearly difcharged by authority of this aA, agamft the
King's highnefs, and all other perfons, for the payment of fuch
fums of money as they ftand bounden to pay for the faid firft-
fruits, or for any part thereof. And forafmucn as the clear yearly
value of all the faid monafteries, priories and other religious
houfes in this realm, is certified into the King's exchequer,
amongft the books of the yearly valuation of aU the fpiritcal
pofTeffions of this realm, amongft which ftiall and may appear
the certainty and number of fuch fmall and little religious houfes,
as have not in lands, tenements, rents, tythes, portions and
other her^tamentSy above the faid clear yearly value of two
hundred pounds :
A*n ?*"* K ^^- ®^ *^ therefore ena^ed by authority aforefaid. That the
?^al TOffef* ^^^^^ highnefs ftjall have and enjoy, according to this ad,
^on Qf th^ ^' the aSual aif d real pofleflion of all and Angular fuch monafte-
bey lands. ries, priories apd other religious houfes, as Thall appear by the
faid certificate remaiping in the King's exchequer, not to have
in lands, tenements, rents, tithes, portions and other heredita*
ments, abgve the faid clear yearly value of two hundred pounds,
fo that his Highnefs may lawfully give, grant and difpole them,
or any of them, at his will and pleafure, to the honour of God,
and the wealth of this realm, without farther inquifitions or of-
fices to be had or found for the fame.
^Affthai/^lows • In confidcration of which premifles to be had to his Highnefs,
tefea, 7. is jij^d to his heirs, as is aforefaid, his Majefty is pleafed and con-
^J^^^'lanj/i- ^^^^ to provide to every chief
lie's ftatutfs] head and governor of every fuch religious houfe, during their
ifut ts in tbi lives, fuch yearly penfions and benefices as for their degrees and
farliament re- qualities ftiall be reafonable and convenient, wherein his High-
W^foi^i "^^^ ^*'' ^^^® '"^^ tender refpeA to fuch of the faid chief go-
compl. In- vcmors, as well and truly preferve and keep the goods and orna-
cumb. 5j6. ments of their houfes, to the pfe of his Grace, without fpoil,
wafte, or embezzling the fame ; and alfo his Majefty will ordain
and provide, that the cov^nts of every fuch religious houfe ftiali
Jxavc
^ 535*] Anno viccfimo feptimo Henrici VIII. 407
have their capacities, if they will, to live honeftly and virtuouflv
abroad, and fome convenient charity difpofed to them towam
their living, or elfe (hall be committed to fuch honourable great
xnonafteries of this realm wherein good religion is obferved, as
ihall be limited by his Highnefs, there to live religioufly during
their lives ; and it is ordained by the authority aforefaid. That
the chief governors and covents of fuch honourable great mo-
nafteries (hall take and accept into their houfes, from time to
time, fuch number of the perfons of the faid covents as (hall be
afligned and appointed by the King's highnefs, and keep them
religioufly^ during their lives, within their faid monafteries, in
like manner and form as the covents of fuch great monafteries
be ordered and kept.
Provided always, that all archbifhops, bi(hops and other per-
fons which be or (hall be chargeable to and for the collection of
the tenths, granted and going out of the fpiritual pofleifions of
this realm, (hall be difcharged and acquitted of and for fuch
parts and portions of the (aid tenths wherewith the faid houfes
of religion, fupprefled and diflblvedby this ad, were charged or
chargeable to the King's highnefs, except of fuch fums of mo-
ney Siereof, as they or any of them have or (hall have received
for the £ud tenths, of tne chief governors of fuch reli^ous
houfes.
Provided alfo. That where the derw of the province otCan^
terbury (land and be indebted to the ICing's highnefs in great
fums of money, remaining yet unpaid, of the reft of a hundred
thoufand pounds granted and given to his Grace in their con-
vocation, towards the payment whereof the faid religious houfes
ihould have been contributory if they had not been fupprefled
by this adt ; and alfo fome of the governors of the faid religious
houfes have been colle^ors for levying of the faid debt, and
have received thereof great fums of money yet remaining in
their hands ; the King's moft royal majefty is pleafed and con-
tented to deduct, abate, reieafe and defalk, to the faid clergy, of
the faid reft yet unpaid, as well fuCh fums of money as any the
chief governors of fuch religious houfes hath received, ana not
paid, as fo much money as every of the faid religious houfes,
fupprefled by this ad, were ratea and taxed to pay in any one
year, to and for the payment of the faid hundred thoufand
pounds : and alfo the Kind's maje(ly is pleafed and contented,
that it be enaAed by authority aforeiaid, that his Highnefs (hall '
fatis^, content and pay all and Angular fuch juft and true debts
vrhicn been owing to any perfon or perfons by the chief gover-
nors of any the faid reugioos houfes, in as large and ample
manner as the faid chief governors (hould or ought to have
done if this a6t had never been made :
Provided alway» That the King's highnefs, at any time after ^^ ^ g ^^^
the making of tnis adt, may at his pleafure ordain and declare, 25 H. s.c. so*
by his letters patents under his great feal, that fuch of the faid f. x.
religious houies which his Highnefs (hsill not be difpofed to
bxve fuppreflfed nor diflblved by authority of this ad, (hall ftil!
D a 4 continue,
4o8 Anno vlccfiim fepdmo HfiWRlci VIH. [15^^*
eondnue^ remam and be in the fame body corporate, atsd in the
£iid eilenml eftate^ quality and condition, as well in pofleffioitt
as otherwifci as they were afore the making of this adt, without
any fuppreffionor diilblution thereof, or of any part of the £une,
by authority of this a(5t, and that any fuch ordinaiice and de-
claration^ (6 to be made by the King's highnefs, fiiall be good
and efFedhial to the chiet governors of fuch religious boufei
ivhich his Majefty will not have fuppreiTed^ and to their fuc^
ceflbrs, according to t^e tenors and purports of the letters pa-
tents thereof to be made ; any thing or things contained in this
adtto the contraryhereof notwithftanding*
Provided alfo» That where the clergy of the province of Yiri
ftand and be indebted to the King's highnefs in great foois of
money yet unpaid, of the reft of fucbfums of money which was
granted by them to his Majefty in th&x convocation, towards
th£ payment whereof the religious houfes that (hall be fiip-
prefled and diflblved by this a&, being within the fame province,
(hould have been contributory if th^ had not been diflohred,
and alfo foqne of the governors ^th^ laid religious houfet with*
in the £ud provincci that (ball be fupprei&d by this ad, have
been coUe(ftoi> for levying of part 01 the faid mms of money
granted to the King's hi^nefs as is aforefaid, and have ccrtaia
Aims thereof in their hands yet unpaid, tfie King's ma}efty is
pleafed andcontentcfdtodeduSs abate, relee^ apd dei^UL, to tl^
faid cletgy c^ the faid province of X^i^ of the reft of their <aid
jdebt yet unpaids as well fiich of the faid fums of money^ as any
chief governors of any religious boules within the fame province,
that mall be fypprefled by this aS, hath collected and not paid,
as ib much money as every of the faid religious houfiss, fup-
prefied by this si<5t« were rated and taxed to pay in any one year,
towards the payment of d>e iaid fums of money graated to the
Kine^s higbnds.
A provifofor VII. Provided always. That this a£l, or anything or thii^
the cells of therein contained, (hall nDt extend^ nor be piv^udlcial to any
teriesbetne ^^^^^ ^ prtors of any mimafteries or priories being certified
Under obe- into the King's exchequer to have in poffefiio^ and prafts
4iemp fpiritual and taiq)oral above the clear yearly value of two
hundred pounds, for or concerning fudi ceifs of religious i^ouies,
appertaining or belonging to their moaafleries or priories, ia
which cells the priors or other chief governors ther^c^ be under
the obedience ot the abbots or priors to whmnfuch oellsMongi
as the monks or cations of the qovents of their fBonafteries or
^priories, afid cannot foe nor be fued, by the laws of dus r^aioi^
m orby their own proper names, for the pofleflionsor -oAer things
appertaining tp fuch cells whereof they be pnors or governors,
but muft fue and be fued ii^ and by the names of th^ sMx>ts or
priors to whom th^ be obediencers, and to ¥^honi fuch cells
beloi^; (a) and alio be priors or governors dative^ and re-
movable from time to time, and aocoimtants of theif^o&is of
^h cells, at the only pleafure and will of the abbots cur priors
f^ yO^om Aicb cells beloi^g; but that every fudi cell (hall be
.apd
S36*J Aa|i9 ^cefimo fqptimo Hekrici YIU. 405^
nd remain undiilblved in. the £;une eftate, (jualitv an4 POA-r
Lition, as if this zA bad never been mside; 9J9y tnipg il^ ibis
L<fi to the oontrary hereof notwi^xilandifig*
Vni. Saviiie always, and reierving ynto every perfon and The right of
>erlbn$9 being founders^ patrons or dopQFs of any abbie$, priQ- founders and
ies or other religious houfes, that iball be fwppreflcd by this ^^ patjronafavcd.
their heirs and lucceilbrs, all fucbrig^t, title^interefi^ pof&flloa,
-ents, annuities, fees, offices, leafes, commons, and all other
profits, wbatfoever^ vrhicb any of tbe^ have, or ihould have-
bad, iivithout fraud or covin, by any manner of means, other-*
wife than by reafon or occafion of the diflblution of the faid
abbies, priories or other religious houfes, in, to or upon any the
faid abbies, priories or other religious houfes, whereof they be
found^s, patrons or donors, 6r tn^ to «r ujpoa aw tbe l^^d^
tenements or other hereditaments appertaining or belonging to
the fame, in like manner, form and (Condition, as other perlops
and bodies politick he faved by this a^) as ijs afor^ r?h$Larfed,
and as if the faid aMiies, priories or other religious houfes bad
ncyt been fuppreflM and diflbivad by tlM m^ but had «on«
tinued ftill in their efiemial bodies and eftates as they he nmr
in ; any thing in this aft to l}|$ QM^aiy lieroef oo|witb«
ftandiiig.
IX. And be it further enaded^ ordaiped and eftabliOied by Hofpitality
authority aforefaid. That ail and Angular perfons, bodies poli- *°^*"™'^<**
tick and corporate, to whom the King's mqefty, his heirs «nd JJfJ^j^ ^1^^
fucceiTors, hereafter (hall give, grantj let or demife any fite or fiteof the
precinA^ with the houfes thereupon ouilded, together with the houfes Tap-
demeans of any monafteries, priories or other religious houfes^ prcflcd.
that (hall be diflblvcd or given to the King's highnefc by this ^^s* **^ ''
a^, attd the heirs, bioceftTTs, enecutoro and afigns of everv fach * '
perfen, body politick and oorporate, ihaO be hound by authority
of this aA, undar the penalties heiieafter enfuing, to keep^ or
caofe to be kept, an honeft continurf I1011& and houAold in Jibe
&ine ike or filecini&, and to .oocupy yearly as much of the ^ania
demeans in j^ughing and tilfege or huft>icidry, that is^ fiiy, as
much of the find den^ns wbich haA beeis<:Qmmdcdy ufed to
be keptin tillage by the gwemors, abbots or priors qf the Dkbo
houfes, monafteries or psiorics, or by thair iuaner «r &aBOVP
occupying the faaw within the time of twcsiqr years neast hafoic
thisaA.
X. And if any peifen or peidbos, bodies polilick^fiom^
^at fhdl be hounden by this afi, do «ot ke«p am kf^mhp^
hold of hafbandry and tillage, ia jnannar and {orca ^ js ^Am^
fiiid, that iben keor Ihcv fo offeadii^ fluU forftitto ^ Kln^vS
highnds for every montn fo offending, &% pounds th^l(MKi Ad*
lings and few^peneev to be reooirartil i^ .his ^ 19 JUiy ^ .his
courts ^lacord^
XI. AndtJverftatU is^iaaodbyauihorityjifiwfa^
an juBices of peace, in^very (hire where any £aoh offiwce ibaU SSnn^^
be committed ordtae, tsonotary to thsilrue OMaiiing aptd/ioteilt puniih ofiea*
9iibis prefent afit, fludl^ in-^very quait«r miA •f^Mfd Jkff^i^^ deri,
wi^hiA
410 Anno viccfimo oOavo Henrici VIIL [i5J^.
witlun the limits of thdr commiffion, enquire of the pronifies
and Ihall have full power and authority to hear and determine
the fame, (2) and to tax and aflefs no lefs fine for ercry the
faid offences, than is afore limited for the fame ofienoes, (3)
and the dftreats thereof to be made and certified mto the King's
exchequer, according and at fuch time and form, as otber
eftreats of fines, ifiiies and amerciaments been made by the fame
juftices.
Cut fidim hHUperUse Vc. taUt\JI refpm' kRoyb vuU.
Statutes made ztWeftminftery Anno 28 Hen. VIII.
and Anno Dom. 1536.
ACTS nuide in the parliament begun and bolden at
Weftminfter tie eighth dof of June in the eight and
twentieth j/ear of the reign of our moft dread fovereign lord
King Henry the Eighth^ and there continued and kepi till
the dijfolution of the fame parliament the eighteenth day of
July, to the honour ofGod^ and for the common weal and
profit of this his realm.
CAP. I.
An aS that abjurers in cafes of petty treafonfbaU not have
clergy.
A reheirjfalof TT7HERE in the la ft perlianuni begun and hoUen at London
the ftatnte of V V the third day pf November in tht om and twemiiethyear rf
touching ^e '** JBnfs moft gracious nign^ and from tbcnce adjounud to Wcft-
ufing ofTanc* nihfter, and tb^e boUin and continued by divert and fmndry froro-
tiiaiy-peribiu. gatiom^ it urns enaeted^ amongfi other tbingSy That fuch porjon aU
for fens wbicb did flee or refer t to any parijb churchy anutmry or
other like hallowed place j fir tuition of bis life^ by occafian of any
tnurdery robbery or other felony by the fame perfan commttedy and
thereupon tonfeffed any nuardery felony or other offence beforea coroner^
for toe wbicb the fame perfony by the law of this reabn afore that
time ufedyfimdd Mure and fafs out of this realmyjball be dsreSei
by the corona to take bis abjuration to any ontfan&uary'being within
this reatfUy wbicb the fame perfon would eleff and cboofiy tbore to r/-
main as a fan^uary-man aijured during bis natural life i (2} and
if after fuch abjuration any per/on fo abjured came out of the fame
janauary to the wbicb be was aff^nedy and be taken without ibofame
fan&uaryy not having the KingUfpedal pardon or litence fo to dei
that then every fuch ferfm ahjuredy and after abjuration taken with-
out fanefuary whereunto he wits afflgnedy ft)ould/kffer like pain of
deatby and after fuch like manner JbouU be orderedy as beft^oald have
done and biaen in cafe be had abjured this realm fir murder or f deny y
and afier fuch abjuration bad returned again into this reahiy con*
trary
1 53 6.] Anno viccfimo oftavo Henrici VHI. 41 1
irary to the laws of this land; (3) and !t isfurthir ordained by the Felons abjur-
fame a£f^ ^at ifanyfuchfan^fuary-perfonjo abjured^ or any othtr J"|^]^jj[ ^^'
per/on Br ftrfom which thin were^ or at any time after Jhould hap- ^^ ^^^ jja^^
pen to he J in fny fan£fuary within this reabn for doing of any cittgy,
petty treafon^ murder or felony^ or for being acceffary to anyfucb
offences ; or if any per f On or perfons^ which ^ at any time after the
making of the fame aSt^fhould take any fanSiuary of this realmyfor
any petty treafon^ murder or felony ^ or for being acceffary to any
fuch offences^ or upon abjuration; andfo being in fanStuary for any
fuch caufe^ matter or offence ^ afterward commit any petty treafon^
murder or felony within the fame fan^uary, or be acceffary to any
fuch offences^ or go out of the fame fan£luary and commit any petty
treafony murder or felony ^ or be acceffary to any fuch offences^ and
aftervjard come again to the fame fanSfuary^ or take any other fanc^
tuaryfor the fame^ that every fuch perfon andperfons^ being indiifed
for any of the f aid caufes or offences ^ JhouU loje the privilege of the
fanStuary by him taken^ arid of every other fanSluary within this
realmy for any fuch caufe ef petty treafon^ murder ^ felony or abjura*
tion^ or for any acceffary to any fuch offences,
n. /tnd it was further ordained by the fame a£fy That all foreign
pleas triable by the country^ which Jhould be pleaded by any perfon or
perfons arraigned upon any indictment for any petty treafon^ murder
orfelony^Jbould be tried before the fame juftices afore whom fuch TriH of
perfonsftiould be arraigned^ and by the fame jurors of the county thaf foreign plcu.
^all-try the petty treafon^ murder or felony^ without any further ref
pite or delay ; (2) and that no perfon arraigned for any petty treafon^ No peremp-
murder or felony y Jhould be admitted to any peremptory challenge above tory challenge
the number of twenty ; (3) which a£f was made to endure to the end a*>ovfthc
of the next parliament y as by the f aid aRy amongfl divers claufes and ^^^^^^^ *®*
provifions containod in the famey more plainly is expreffed*
in. And where alfo in the fame parliament it was enaSfedy That
no perfon or perfons y which Jhould happen to be found guiltyy afier
the laws of this realmyfor any manner of petty treafonsy or for any
wilful murder of malice prepenfedy or for robbing of any churchesy 15 H. S. c. j.
chapels, or other holy places y or for robbing of any perfon or perfons Cicrgv taken
in their dwelUng-houfes or dwelling places y the owner or dwelLr in r^^ribos^which
thefaid houfey his wtfey his childreny or fervants then being withiny §0 commit
and put in fear and dread by the fame 5 or for robbing of any perfon or fcveral of.
perfons in or near about the highwaySy or for wilful burning of any fcn<*««
dwelling^boufeSy or bams wherein any.com or grain Jhall happen to
be ; nor that any perfon or perfons being f mend guilty of any abet-'
menty procurementy helpingy maintaining or counfeUing of or to any
fuch potty treafonsy murders or felonies^ Jhould be admitted to the
benefit of their clergy y (fuch as be within holy orders y that is to fay y
of the orders offubdeacony or abovey all only except) with many other
claufes and provifions contained in the faid a£iy as by the fame a£t
m^re plainly appeareth 9 ^2} which a& was alfo made to continue and
endure ts the loft day of the next parliament*
412^ Anno iqccfimo qdtavq Hehrici VIU. [lS3^
^at fwrj/uch ptrfin ^ pfrfinSy witch Jh'mU b^{^n U 6t ift-
«r tKrgkry or atber fdony^ asc^riing tQ tin Um'^nd m^nvrg ^
tbf/itidifiatute ntxt abovt tAeai^eJ^ o^i ihtr^on ixrqijpUy did
Jland mut€ rf moTui orfimunrd 9\indy ^ chaJUnge, firof^m abtrse
tbi number oftwtntjy wrelfe, wUl not a^fv^er d}r(ffh't0 tjs^ja^ in-
diffment tmipt^ wbireufQn tbeyjbaltht drrdifnedy that then every
fucb^fin andf^fmijbwld lye tbi kfUifit aod ppviiege ^f their
ft5 IL S. c. 3* V. Jnd it was a(fo vrdaxutd iy tb< fymi ^fi^ That ifojiy ftrfa^
or fit fins bf indid^d^ and found guUiji forjlealing of an^ g^ds er
chattfU ii$ a^jf countf ^ tbts reaim^ or b{irig indi^edj^^ smtii sf
malici^ or cbaUtngi peremptory dhv^ tb< n¥m^ ^ tyii^tuy p^w^ or
will not anfwer iire^ly p fbe la^j^ fifiuldalfo Ifih (^ kenifit oftbtir
^l^Uy '" ^^k^ manner and form astbiyO)otddhflve dvuiftb^ bod
been in^^ed, arraigned arid found gtd^ in tUfcw <eofnfy foben
the fam^ robbers or burglary was done^ \f it ftioll afpe^r to thi
' JHft^ce^i h e^idince or fxamitfi^tiosfy t^^t tb^ faid flfk^ts oi^ rMerSj
arraigned b^e theni^JkoM or oi^gbt to. bavf loj tbeir fl^gj h
forcf oftbefaideftmute^ jncafe tbqbqdbunfi^ttidiHtky^tbofam
felmes or burglaries in fbejam^ Jkirf wk^r^ t^ w<roi c^mitteit
as By tbefaid aQ amongfimKT tbmgs m(e at Ifc^e js o^re^^.
The iUtnte of Vl. Jnd wberfos alfo in tbfftfid farRames^ it vutsfurfier or-
»5 H. 8. c 6. dained^ That the deteftabU vici ^ tuggory^ comnftttid wttk maniind
jS^to c<!l[l ^ beak Jbould he felony', an^tbat ibe offenders \heriinjb0ui4lfe the
tinucunto OktP^^^'^g^ of tbeir (Urgyi (a) fofeirA a£l Xfjas made fo fn4ofre fe the
next parUa- loft day ^ tbe next p^rliamonU ets fgf tbf fytne 0fi^ ^tfmg otkr
menr. tbingSy it appfareth more at tar^f. (3) yqrqfnmcb as pke fiid
aUs be benepdql and profitable for the comnfojf weaUlf of tfffs re^lm :
he it therdfore eaa<9ted l?y authority pf this prcfent jparliament,
That the fai4 ^&Sj ^ni every of thcfii, and i\l ^ ^ui^ 9fid jpn>
.vifions contained in the fame, ihaj] ftarid in fuB i&ength and
virtue ; and fo from henceforth to contixii^e aqjcl cpdure unto
the lad day of the next parliament.
f*l5r*'r^v?' VIL And be it alfo enaSed by authority ^forefaid, That
cOto the ^^^ ** ^ ^'^^^^^ ^^^y ^^^^? ^*" "^^ henceforth ftand and be
fame paina tinder the fame paiQ;5 ^c^d dangers for the offences contained
that others be. in any of thf (aid ftatute$, and be ufed and ordered to all interns
ft3 H.S.C.11. ^d purpofcs^ as otl^cr j^erfon? not jpeing wjjhin IxqJy orders;
tual ttnls.' ^y P^wfion or exception -fpecified in ^ny of the faid a<as, or
p. J. ' juiy other ufagc or cuftom of this rcaUn, to the contrary thcrc-
Rep. I Mar. of notwithftandiog. (a) This ^ xp endure unto the laft day
^t. I.e. X. of tbcncxtpadiamcnt^
CAP. n.
Rep. 1 M.iefl; The ftatutes of 21 H. 8. c. 7. and 27 H. 8. c. 17. touching
1. c. I. fcrvjtnts imbeailipg their qpiailers goods, made perpetual.
CA?.
[536-] ^^ viccfimo oftaro HfeNRKi VIH. 4 r 5
CAP. HI.
Amhottfjr |ivtt^ to the King ^Ouriifihreif fean f o atfcit wcwly
the towns in the (hires sftiil tMrdhb^ of fFaUsf tiotvvkhftanding
thfe ftutirtfc 'rf a; jy. 8. r. ^; i>nfim0i fir three years ly
31H.8. C.^i.
CAP. It. .
Slr^r r^ii/ p/ the-fiatute malk Anno 21. far doidas and
Loekeram.
TTt/lfteRE /«'/» paAitimht hitden t^f Wd»n«hlter rfc (hirit^^^f
VV di^ ?/- l^ovtftiber w f/fe icki. ^edr rfihe tei^ ?^ ^ „ l??^tL
fbVertlgn UrilShg HeiiVy rJ^ ff/^A/*, rtw«Fi^ mhbr ihinp tt iims touching the
eha^ed (ind'eJfaBRJbedjYHdt ihpMSh W-i^JQ^^jEnglJIh nor jhan- length and
gcr^ denhen or ^dliin/frm or ft/ftr ihtfetjfi f'St. MichacS tht anh^ breadth <tf
angel then next filkuCjing^ /hmld'WJh^ br tenyey^ tir tttufe to be ton-- jJSlSwrM.
^eyed or Uroiightj ^Vy'hny mfin&ofmd^y into thtj V^cm \f En^-
half piece fifty ells in length y'tifrd one ydrdinWedd^ ^ke ^Jfife^ and
all the tunotepiete Md'haifpiece pfWe goofbtefs in making. (2) And
alfo it tbds tht^ ^imifidafid ifiaiUfhed^ That every whale piece of
lockefams 'JhoUS be of like lirt^h as the whole piece of doukis\ and
ivety'half piece of hciirtim'Jhould heofWte Ihtgih at'the hd^ piece ef
dduhs\ tirid every fuch whole '^ecrtmd'hdlf piece ofloclterams to he hi
breadth b whfke ^ard laiktng a ritin 'dffhe ydrUj C3) '^^^ ^^ Pjete
and hdlfpleceHo'he in life gbpdttefs iy dU'the length of the fanfepiecey
(4) upon pain of forfeiture -of the 'fame*doukts and hcierafnz Jo to he
brought or conveyed into thi{ Ye^m^ Ait containing the full lengthy
breadth andgoodnefsy or the value tbereoL vs in the fame Jlatute more
plainly at large doth appear :{^fth'en tie making of whUhaff e^great How the
number of the Kin^sfubjeps^ thdt'is tofdy^ leaver Sy TucUrSykin^ aifpreiaid fta- •
nerSy^ iffersy and ivboUpickerSy and hiany othirSy 'have been i^Ieand^f}* *^I2SL
without ioofky to 'thtir gredt'i^p'o^fijhihgy iiibich more and hiore is al^lcr^
like daily to incfedfiy if remedy be not provided \ for afmuch as the
chth-rndkersytohich befoi^e . the mdklffg of the faiadll were wont to
convey their fdid cldths^irtto_'Brlt2\ny where thefaid linen cloth called
doularand'lotkerams is tnadcy Hrfd/roin thence to bring with them the
faid'hi^en ilofh caltei doufds aiia'Mkerdmy which they cqnfiot Hs^
Jithente 'the mating of the Jaid'aHy without danger and forfeiture of
thefaid Unen dbthydy '^eajih "th'/it there Jhall no EngUfhfmm 'be/uf-
fereito carry orcorroeyany cf the faii cloths y called doubs or kcieramSy
from the parties of bey tfid' the fca into this realm^ of the Jen^th con-
tained in thefaid a£t \ which 'will mdkethe faid cloth-makers to leave
the nialing ^ their chthy toihe ^feat and fnahifold perils of the Kin^s
fu^efls : be it tKei-efore chai5leU "by fhc'Kirtg our fovercign lord,
xViththe iflenfb'fthelofds fplrftiial andtcenporal, ariiJ the com-
ttidns, \ti this prtfent ^irlidmerit aitpmbled, and by the autho-
rity|of JheTame, 'That the fiid aft: made in the'ftid xxi. year, A repeal of
lie tO^Hntenrs, purpifc iad-coaSrii(aibnsin the law/ made ^hefaidftatme.
utterly
4*6 AMD vkefimd «^vo HsMiici VIIL [1536.
ffiings, fer or conoenyng hiser thdr freedom «r cecopetkm,
oHi^^e or m any other tnaimtr Aati before is redieci, limstcd
tnd appointed in me fiad former z€t made ia Ab bid twentj-
fecond year of the mgn of King Htmy (he Eighth, (9} Bpon
rtiepaiA to ferf^t for every time mat they, oranyoftheai, fliali
biKend contrary lo this a£l, sd, li. the one halTthereof to the
King Our ibveiYign lord, and the other half to the party that
^iU fue for die fame, in |m]^ of the King^s ceuits, by a^oon of
A^) Sirfbitnation or otherwife ; in which fuit or adioa no pro-
le^dniior eflbin &all be ^owed for the party defondant.
C A P. Vt
An aA made for oontiouance of the ftatotes oJF aa H. 8. /. 12.
U ft* 8. r. 7. 26 H. 8. <* ji. and 015 ^, 8. ^. 6. for b^gars
and vagabonds, a^inft conveyance of horfes and mares out
1 £1. c. ii» of iiiis reahn, a^unft JVikbmen making afira^s in the coun>
ties of Hirefitrdj Gkmeft^r^ and Siakp^ and a^inft the vice of
buggery. — to enJmreu the Iqfl d^ tf the mxt parliament.
CAP. VII.
jin nS/Bncaming the Jucc^ion of the crown.
JBxedit. Pult. yif iJ^f mJl^^umhU wifi fhewenid four tfiofi rtfd Mt^^ the
X hrit$ ^maahand umpmd^ and aU Hhrr yawr mqft hva^ ad
*4btdimtjtiife£ls^ the einmms in this ymr m^ IM itmrt offarhA"
mmt^iUmlM^ that where injmr lafl parliament vepm ana lildm^
UowAfm 4he iii. day cfUw^ttiha^ tn the XKLyear if your nwft gra-
p{m reigPh >and fr^m fbena adjmmed to Wefiniinfter„ amthire
helden and {ontimui by divers and fundry prorogations unto the acv«
fhe^eholden: it 'Was made and ordained an ait eoneerm^ ^mea^Jf
ynanf things^ vnid^ ratijicationyand cofdfrmation ofymermoarriagi^
ilhmheAand fekrm%td between your fSdnds andwel^eJadyAxmt
JBOleUi mar^uefs ^fPewbrokty as for the amttation of the fiuceffm,
^fyour imperial erewn of this renbn^ to the iffiu of your body heg^ten^
Jtmd to^e iegotten ef the hedyofthefaid l7Ǥ^ Anne, xsMt dioers re-
inaindtrs operfor aefault effueb ifpUy as in the fM ait plainly and
-fartisularjymcre at large ts enprtffed and mentiof»ed. jfnd xvkere cLG
iytbe foul ait it was ordained and e/laUiJbed^ that all and fin^^
your fiM^fSs flioutd take a eerporal oath for fheftd^ling^ maintaining
>md deUnding the whole 4ffe&s and contents of the fend aH^ And it
A reheat^l ef 'ttWJ further ordained p the Jaid ail amon^ other things^ that ifan^
the ftat. of 15. perfon or prfinsy fubjeil or refutnt within this rtabny or within crsj
H' «; 5. »i. ^^^ur Graee^s domifmns^ after the i^dayef May, thon next enjiung^ by
Kint^rmrri- ^^^'^S> ^^^^ *'^» ^ ^ procured^ or did^ or caufed to be procured
agci, and H- ^ ^^^ ^y ^^^H or things to the prejudice^ fknder^ diflurbame^ or
mitation of derogation fff the faid matrimony ^ folemm%§d ietweenyour Mcgefly and
iueoeflionto thefhid la^ Anne, or to the perils fkrtd.ry or dijherifon of any ih
tfae^town. ijjy^^^ and heirs of your Highnefsy being limited by the fame aif to in-
herit ^ and to be inheritable to the crown of this reahty whereby any
fuch iffiifs or heirs of your Highttefs might be^dejlroyedy di/tttrbed, or
inietrupted in body^ or title rf inheritance to the. crown of this realms
cs
*53^-] An*^^ vicefimo o6tavo Henrici VIIL 417
^s t0tbitn is Umited in the fame aff: that then every fuch per/en dAi
perfmSj and their aider Sj couh/dlers^ maintain^Si and abetters^ and
every of them j for every fuch offence, Jbotdd be adjudged high trait ors^
€md that every fuch offence Jhmld he adjudged Ugh treafon: And the of"
fenders and their aiders^ counfellerSy maintainerSy and abetter Sy and evi-
ry of them being lawfuUy convict of fuch offence by prefintmenty verdidfp
confeffim or procefsy according to the cuftoms and laws of this realm ^
flxma fuffer pains tf deathy as in cafes of high treafon : as in the
faid a^ tmon^ many other articles y claujesy and provifionSy is more
at targe mentioned and fpecified.
II. And alfo in the faid parliament holdcn at Weftminfter by prero^
gationy in the third day ^November in the xxvi, year of ymr mofl
noble reign^ another a£i was made for declaration and ratification {/'Stati6Hil^i^
the faid oathy which divers of your fubjeSis then had takeny and all
your fubje£fs after that were bound to take for due obfervation of the
faid aSf of the faid fucceffiony as by the fame a£f amongfi other things
is alfo fpecified and expreffed,
III. And albeit y mofi dread fovereign lordy the faid adfs were then
madeyas it was then thought by your MajeJ^yy nobles and commons y upon a
purey perfect y and clear foundationy thinking the faid marriage then
bad between your Highnefs and the faid lady Anne, in their confeien^
ees to have been purey fencercy perfe£l and goody and fo was reputed^
acceptedy and taken in the realmy till now ofktei that God of his in^
finite goodnefsy from whom Ho fecret things can be hidy hath caufed t§
be brought to light y evident and open knowledgey as wellcertain, jufty
truey and lawful impediments unknown at the making of the faid a£fSf
and ftthen that time hath been confeJTed by the faid lady Anne, be-
fore the mofl reverend father in G^JThotnas archbijhop tf/ Canter-
bury, metropolitan and primate of all ^ngl^ndy fitting judiciallf for
the fame : by the which plainly appeareth^ that the faid marriage be^
tvjeen your Grace and the fame lady Anne, was never good nor confix The itMlrrwgi
nant to the lawsy but utterly void and of none effect. By reafon where- ^^'*" ?^^
cfyour Highnefs was and is lawfully divorcedy and feparated from the ^n^'B^Iein*
bonds of the faid marriage in the life of the faid lady Anne. And this ^^s never
mtwithfianaing mojl gracious fovereign lordy the lady EliKabeth jfour good, nor con*
daughter being born undef the faid unhrojful marriagCy by virtue and Sonant to law.
authority of the a^ of your fucceffion above remembredy for lack ?^^bethiw>f
beir males of your body Jhould immediately fucceed as your lawful heir b^^n in lawful
in the mofl royal eflate of your imperial crown of this realmy againfl marriage.
all honour y equity y reafon y and good confciencey if remedy Jhould not
be provided for the fame* And oiter thisy mofi aread fovereign lord^
albeit that your Majefly not knowing of any lawful impedimentSy en^
tered into the bonds of the faid unlawful marriagey and advanced the
fame lady Anne to the honour of the fovereign efiate of ^ueen of this
realm : yet neverthelefs Jbe inflamed with pridey and carnal dejires of
her bodyy putting apart the dread of Gody and excellent benefits re-^
ceived of your Highnefsy confederated her jelf with George Boleine
late lord Rochford, her natural brothery Henry Norris efquire^
Francis Wefton knighty William' Brereton efquirey gentlemen ?/" Treafon com-
your privy chamber y and Mark Smeton groom of ^our faid privy mitted by the
ehambery andfo being confederatey Jbe and they mofi traiteroujh com^ lady Anne
Yql.IV, . ^€ awV.Bofcineand
4i< Anno vioefimo odsvo HsNUCi Vm. 1 153$.
othen attaint- wuttid and perpetnttid divers dettfidk and akminaUi trntfins^ t$ At
«**«*cxc. m»ftfMrfidpml and danger tfthedi^r^
^*'^' fmy anau the utter Ufiy dijberifon and defilatten tf Oh reabn^ if
God of his goodnefi had not in due time brought their faii trwafms t9
light: for the tvhUh being plainly and numfM^ provedj tiif wen
eemji&y and attainted by the due uatrfe and order of your eammon lews
of this realm, and have fiiffered aecor^g to thosr merits^ as by tk
reeords thereof more at large may appear,
IV. And albeit mofl gracious and moft dread foverdgn lardy £wrs
andfundry honourable jjuft^ true and reafonable daises he ^antaheedani
txprejfed in the fame aH, made for the efiabUfommt of yoaar fuiuffany
uMeh be very neceffary and profitable for the common laeauh of this
reabn : yet neverthelejs becaufe certain articles and clou/is contained in
ehejamoj concerning the ratification of your faid unlawful marriage^
between your Highufs and thefmd lady Anne, and the imitation ^
your fmceffion to the iffiies of your body had by the faid lady Anne»
and the other exprejfed and mentioned in both the a^s above ramembrd
for the defen£ng and maintaining the whole effects and contents rf
the find a^f which claufes and articles be now become of late fo £]"
honourable and fo far diftantfrom the due courfe of your common laws
of your roabuj andalfo fo much againft good reajouy equity and good
confcience, that they cannot beft^ained, nor tolerated to contsoaoy and
onaure without great peril of dtvi/ion hereafier to be hadj by occafioo
of the fame amongft us jour faid mofl humble, loving^ and obedient
A repeal of JubjcHs, and our toftertties. It may therefore pleafe yoiir High-
the ftat. of S5 nefs of yotir moft excellent and accuftomable goodneTs, and for
\ V't *'*"^ *^ entire love, favour, and hearty afFedion that your Majeftf
* ^'*' hath always borne, and beareth to the commcm wealth of this
your realm, and for the confervation of the good peao6, unity,
and reft of us your moft bounden and obedient fubje6ls, and ot
our faid poftenties, that it may be enacted by authority of this
prefent parliament, that the faid ii. a^s and every of them, and
all dauies, articles, and provifions therein contained, from the
firft day of this prefent parliament, (hall be repealed, adnuUcd,
and made fruftrate, and of none effeA.
TK* AmiH ^* Provided alway that the faid repeal, and adnullation of the
Swd^d * faid aft, which was made for the eftabliflimcnt of your fucceifion,
which have ^'^^^ ^^^ ^ taken, expounded, nor underftood to difchange any
ofFended be« peribn or perfons which have done or committed any offences
fore the firft of treafon or mifpriiion of treafon contrary to the fame aft, or
wlijunent ^^ ^^^ thereof, at any time afore the firft day of this pre-
^^ * fent parliament : but that fuch offences of treafon and mifpnfioa
of treafon, done and committed by any perfon or perfons, con-
trary to the fame aft, afore the firft day of this prefent parlia-
ment, (hall be, and remain in the fame d^ret and quality to be
punifhed by authority of the fame aft, as if the fame aft had
not been repealed : the repeal and adnullation of the fame aft
by authority of this prefent parliament in any wife notwith*
ftanding.
VI. Neverthelefs the Kings's moft royal majefty, moft gradoufly
confidering that divers and many of faisjnoft loving and obedi-
a <nc
»53^-] Ajn^ vicrikno oftavo Henrici VIIJ, 4rij
cm Ai)»|eA$ now lately afore the beginnmg of this pjrefeojt paxli^*
ineiu, b«ve fpofcen> done, praAifed, procured^^tnd attemptei]^
as well by wond, writing, printing, as by exterior a6ts, pot only
agamft tl)!e fsud unlawfid marriage, folemnized between hi^ High* • '
jneft aflid the faid lady Anne^ andto the prejudice, flander, cfiftiHf- ^d^^^d
bance, and derogation thereof, but aifo to the peril, ilander meaning to
and difberKon of the lady £lizaieth the King^s daughter illegUi- the King that
mate bom under the fame marriage, and to the let, difturb^^ ^^^^ fpoken
tioB and interruption pf the faid lady Elizabeth to the title pf «iIS*(^'J^
the m>wn : and alfo to deprive the iaid lady Arme^ late Queen, Anne or her
and the faid lady Elizabeth^ and every of them, of their digni- dau^tertbe
ty, title, and name o( thek royal eftates, contrary to the te- ladyfili^abcth^
nors, purports, provifions, and ordinancces, as well contained
in the faid ad made in the laft parliament, for the eftablifhment
of the King's fucceffion, as in any other a6b made in the laflpar-^
liament for punifhment of treafbns. Which words^ doings,
practices, proQurements, and attempts of his faid fubjedls, zU
beit they proceeded of no malice, but upon true and juft
grounds, for puniftunent of the faid late lady Annf^ according
to her deferts, and for reformation of the faid unlawful marri-
age, for the furety of the King's highnefs, and for the unity and
weakh of his realm : yet neverthetefs the King's faid fuojedts
might hereafter happen ^o be impeached, troubled^ and vexed
for fucb their words, doings, ^dts, procurements, and attempts^
as well by reafon of the faid eilatute, made for the e{labli(hment
of the King's fucceffion, ^ni now repealed by this a6t, as by
occafion of other ftatutes heretofore made for puniihment of trea-*
fon and mifprilion of treafon, to the great danger and perils of
the lives, lands, and goods of the King's faid fubje<5ls, which
only for hearty good will, and faithful obedience that they bear
to the King's m^efty incurred into the faid dangers and pefils :
the King's highne& therefore of his mod bountiful mercy an4
benignity is pleafed and contented that it be cnafted by au*
thority of this prefent pariiamcnt. That all and Angular his ^^,^^""
loving fulgeAs, which have fpoken, done, pradtifed, commit- fp^^^r^*
ted or attempted, or procured to be done, or attempted dired- any thing a-
ly or indireAly, by words, writings, prints, or any exterior zA : ^.mft the
any thing or things whatfoever it be, againft the faid marriage, • "^'qJJJ'*
folemnized between his Higbnefs and the faid late Queen Anfie^ ^ni orhuly
or for the fettuig forth or preferment of the divorce or diiTolu- Elizabeth.
tion thereof: or againft the faid late Queen Anne^ or the (aid
lady Elizabeth^ pr to any of their (landers, perils, or difherifons,
or have wiihed, willed, or defired by words or writings, or in-
vented, imagined, pradUfed or attempted any bodily harm to the
faid late Queen Anne^ or lady Elizabeth^ or to deprive the fame
late Queen Anne^ or lady Ehzatitbj or any of them, of the dig-
nity, title or name of their royal cftates, or have, fpoken, done,
or Wocured to be done, any other words, writings, printing's,
wiming, willing, thing or things, adl or adls againft the faid
late Queen Anne^ or lady Elizahethy which is or might be deem-
ed or interpreted for treafon, or mifprifion of treafon by any
Ee a cbn-
4^Q Anno vicefimo oftavo Hbnrici VTIL [ 1 535,
conftnifUon upon any of the ftatutes of this realm heretofot
made, (hall be freely and clearly pardoned, difcharged^ and re-
leafed by authority of this ad, of all thofe and fuch treaibns
and mifprifions of treafons above mentioned. Arid that none
of his faid loving fubjeds for any of the faid treafons or mif-
prifions of treafon above mentioned and fpecified, (hall hereafter
at any time, by any manner of means be inqpeached, vexed,
or troubled in their bodies, lives, lands, goods, or chattds, any
thing in this a<ft, or in any a6l or a<fts heretofore made for trea-
fons or mifprifions of treafon, to the contrary thereof D0t«
withftanding.
' SSS a'ndh^r ^"- ^nd be it further enafted bjr authority aforefaid. That Ac
compHcet at- f*'^ 'a^e Queen jfnnt^ George Bolein^ late lord Rnhfirdy Henry
tainted of high AT^m efqj Francis JVeJlon knight, William Brereton cfq; and
treafon, and Mark Smeton, for their abominable and deteftable treafons, by
ftS^bTforfet*^"" and every of them moft abominably and tndteroufly com-
to the King. n^'«cd and done againft your Majefty and the realm, fhaJI be
by authority of this prefent parliament convifted, and attainted
of high treafon, in fuch manner and form, and accordingly as
they be, by the due courfe and order of your laws of this
realm. And that the faid late Queen Annej George lord Rocbfiri^
Henry Norrisy Francis JVefton^ WilUam Breretmy and Marl
Smeton^ and every of them, (hall lofe and forfeit to your High-
nefs and to your heirs, all fuch their manors, meaies, lands,
tenements, rents, reverfions, remainders, ufes, pofieffions,
offices, rights, conditions, and all other hereditaments, of
what names, natures, or qualities foever they be, which they
or any of them, or any other to their ufes, or to the ufeof any
of them had, or ought to have had of any eftate of inheritance
in fee-fimple or in tail, in ufe or pofTeflion, at the days of their
feveral treafons committed, limited, and exprefled in their in-
diftment, or at any time after. Saving to every perfon and
perfons, and bodies politick, and to the heirs afligns and
fucceflbrs of every of them (other than to the faid late Queen
The right of Jnney and the other traitors aforenamed, and the heirs, af-
ve<r^bur fthc ^'8"^^> ^^^ fucceflbrs of every of them, and all and every other
ofendcr^ &c. pcrfo"^ and perfons claiming by them, or any of them, or to
' their ufes, or to the ufes of any of them, or to the ufe of any
of their heirs) all fuch right, title, ufe, pofleflion, intereft,
condition, fees, offices, rents, annuities, commons, and all
other commodities, and hereditaments, whatfoever they or any
of them might, (hould or ought to have had, if this a£t had
never been had, nemade.
VIII. And over this, moft gracious fovereign Lord, for as much
as it hath plcafed your moft ropi Majefty, notwithflanding the
great and intolerable perils and occafions, which your High-
nefs hath fuffered and fuftained, as well by occafion of your
firft unlawful marriage, folemnized between your Highncfs and
the lady Katharine^ late princefs dowager, as by occafion of the
faid unlawful marriage between your Highnefs and the faid late
Qiiecn Anniy at the moft humble pecitioa and interccflion of us
your
^ 536.] Anno viccflmo oAavo Henrici VIII. 42 s
?rQvt nobles in this realm, for the ardent love and fervent af-
edtion which your Highnefs beareth to the cpnfervation of the
peace, and unity of the fame, and for the good and quiet go-
vernance thereor, of your moft excellent goodnefs to enter into
inarriage again, and have chofen and taken a right noble, vir-
tuous, and excellent lady Queen Jane to your true and lawful Q!J«en Jane
•wife, and have lawfully ceTebratcd, and (blemnized marriage KiT^* accord^
Vfith her, according to the laws of holy church : who for her ingtoihcUiwl
convenient years, excellent beauty, and purenefs of fle(h and of the church.
blood, is apt, (God willing) to conceive iffiie by your Higfar
neCs: which marriage is fo pure and fincere, without fpot,
doubt, or impediment, that the iiliie procreated under th9
fame, when it (hall pleafe Almighty God to fend it, cannot be
lawfuUv, truly, nor juftly interrupted ordifturbed of the right
auid title in the fucceuion of your crown : It may therefore now
pleafe your moft gracious Majefty, at the moft humble petition
and interoeffion of us your nobles and commons, aflembled in
this prdTent parliament, as well for the clear extinguifliment of
all ambiguities, and doubts, as for a pure and perfedt unity of
us your moft, humble and obedient fubje<£ts, and of all our
pofterities. That it may be enafted by your moft mcious and
roval Majefty, by confent of us the lords fpiritualand tempo-
ral, and rtie commons in this prefent parliament aftembled, and
by audiority of the fame, in manner and form as hereafter in
articles enfueth.
IX. F]rft,forafmuch as the marriage heretofore folemnized be-
tween your Highnefs and the faid lady Katharine^ late princefs
dowager deceafed, which afore was lawful wife to your natural
brother prince Arthur, and by him carnally known, as hath
duly been proved by fufficient witneftps, at all times was, is,
and ought to be deemed and determined, to be againft the laws^
of Almighty God, and not difpenfable by any human authori-*
ty, and fo nath been deemed and determined, as well by thq
whole clergy of this realm, in both convocations, and by both
the univerfities thereof, as by the univcrfities of Bononie^ radua^
PariSj Orleansj Telowes, AineWj and divers other, and alfo by
a great number of private writings of many right excellent well
learned men : Be it therefore enabled by authority of this pre-
fent parliament,'accordingas it was ordamed, and enaded in the
faid aft made inthelaft parliament for the cftabliftiment of your
fucceffion. That the faid marriage heretofore had, and folemni- The marriage
Bed between your Highnefs and the faid lady Kathariniy which between the
\vas before lawful wifc to the faid prince Arthur your elder bro- ^ecnK^tha*
ther, and by him carnally known, as doth duly appear by fuffi- rmcvoid.
cient proof in a lawful procefs had and made before the faid moft
reverend father in God, Thomas^ by the fuflferance of God,
archbifliop of Canterbury^ metropolitan and primate of all Eng--
lanJy fliall be, by authority of this prefent parliament, defini-
tively, clearly, and abfolutely declared, deemed, and adjudged
to be againft the laws of Almighty God, and alfo accepted, re-
puted and taken of no value nor effcft, but utterly void and
E e ^ adaichiled \
^aa Anao vkefimo o&zn Hbmrici VQI. l^St^
^ichiled: And thai the reparation thereof made by ^ faii
archbifliop £hall be ^ood and effedual to all intents and piir*
pofes, any licence, difpenfation, or any other a& or a&s gcMiig
before, or enfuing the fame, or to the oontranr thereof in any
wife notwithftancUng. And that every fech licence, ciifpenia-
tion, zA or afts, thing or things, had, made, done, or to be
done to the contrary thereof, &11 be to all intents void* and
of none eflfeA, and fo ihall be reputed, and taken by and ^
mongft us vour true fubjedt and inhabitants, our heirs and
The Udy Ma- fucceflbrs ot and in your realm and dominions for ever. And
ry illegitimate that the iilue bom and procreated under the faoie unlawful
*pd not inbe- jn^nriage, made and folemnized between your Htgfanefs and the
nuble to the ^ ^ j^^^ Katharim^ ftiall be taken, deemed, and accepted, iUe*
gitimate to all intents and purpofes, and (hall be utterly fore-
irlofed, excluded, and barred to claim, challerae^ or deound
any inheritance as lawful heir to your Highnefo by lineal de-
icent.
The marriage ^* ^^ ^^* ^^^ ^^ much as the marriage iblemnized between
between the your Higbnefs and the faid late Qjieen Jwie^ upon true and
King and juft cavfes, was, and is deemed, and adjudged by the £ud moft
Qsjccn Anne reverend fiither, to be of no value ne efifedt, and a divorce and
the reparation fep^^tion thereof had, and made by the due order and imto-
mnd chvoFce cefs of the laws of the church of England^ before the iaid re-
between tbem verend father : Be it therefore enaded, by the authority of this
^wfW* prefent parliament. That the fame marriage between your
Highnefs and the faid late Qwtvi Anm^ (hall be taken, reputed,
deemed and adjudged to be of no force, ftrength, virtue, nor
effe(5^ : and that the feparation and divorce thereof had 1^ the
fentence and judgment of the (aid moft reverend ikther, (hall
be good and effeAual, and fo hereafter (hall be taken and re-
puted for ever by all your fubjedts their heirs and fucceflbrs.
The lady £11- ^^^ ^^^ ^^^^ appeal, repeal, revocation, or adnullation there-
fuibeth iUegi- of, or any part of the fame, (hall hereafter be had, takea, al-
timate, and lowed, or admitted in any behalf. And that all the iiHies and
pot inheritable children bom and procreated under the fame marriage between
^9 thp iLing. yQ^j. jiigijncfs and the faid late Queen Anne^ (hall be taken, re-
puted, and accepted to be illegitimate to all intents and pur-
pofes, and utterly foreclofed, exclude, and barred to claim,
diallenge, or demand any inheritance as lawful heir or heirs to
Jrour Highnefs by lineal defcent, the faid former aA made in the
aft parliament, for the eftabli(hment of your fucce(Eon, or any
thing therein contained, or any other thing or things to the
contrary tliereof in any wife notwithft^nding,
Marrym« ^^* furthermore, fith many inconveniencies have Eillen,
:witbin decrees ?s well within this realm as in others, by reafon of marrying with-
probibited by in the degrees of marriage, prohibited by God's laws* that is
^??*u u*'*''"^ ^ %? ^^ ^'^^ ^^ marry the mother, or the ftep-mother car-
dfEr^e^^^''^^ nally known by his father, the brother the fifter, the father his
ifc> H. 8.' c. i6. fo"'s daughter, or his daughter's daughter: or the fon to marry
the daughter of his father procreate and bom by his ftepmother ;
or the fon to marry his aunt, being his father's or mother's
Gfier;
<53^*] Anno vice&no oAam Hbnrici Vlil, 42^
tU^mr : or to mairy his unde^s wife carnally known by his uncle;
or the fiither to marry his fen's wife camajy|y known by his
Ion : or the brother to marry bis broker's wife carnally known
l>y his brother : or any man married, and carnally knowing his
'wrife, to marry hit wifes dauriiter, or his wife's fon's daughter, .
or lus wife's daughter's daughter, (mt his wife's filler.
XIL And furthermore, to dilsute, and declare the meaning of
tliefe prohibitions, it is to beunderftood, that if it chance any man
U> know carnally any woman, that then all and fingular perfons
being in any degree of confane;uinity or affinity, as is above
vrritten, to any of the parties fo carnally offending, fliali be
deemed uid aqudgecl to be within the cafes and limits of the
£ud prohibitions or marriage All which marriages, albrit they
be plainly prohttnted and deteAed by the laws of God, yet ne-
vertbeleft, at fome times they have proceeded under colours of
dilpen£itions by man's power, which is but ufurped, and cf
right ousht not to be granted, admitted, nor allowed. For no ^ ^^^ ^^
man, of what eftat<e, degree, or condition foever he be, hath difpeofe with
power to difpenfe with God's laws, as all the clergy of this tjie l^jr of
realm in the feid convocadons, and the moft part of all the uni- ^^>
irerfities of Chrifiendom, and we alfa do affinn and think.
Xin. Be it therefore enaAed by authority aforefaid, according
as it is dedaced and contained in me £ud aA, made in the laft par-
liament for the eftabliihment of your fucceffion, that no per^
fon, or perfons, fubjeAs or refiants, of this realm, or in any
your dominions, of whateftate, degree, or dignity foever they be,
ihall from henceforth marry within the degrees afore rehearfed, KoperibnIhaH
vrhat pretence foever (hall be made to the contrary thereof, marry withia
And in cafe any perfon or perfons, of what eftate, dignity, de* the ^Pfi^^^
grec, or condition foever they be, Aat been heretofore married P.«>*>">*^^
within tfiis realm, or in any other the King's dominions, with*
in any the degrees above rehearfed, and by any the arcbbifliops,
or minifters of th^ phurch pf Englandj be teparate from the
bond of fttch unlawful marriages : that then every foch fepara^r
tion (hall be good, lawful^ firm and permanent for ever, and
not by any power, authority or means, to be revoked or un-
done nereaoter. And that the children proceeding or procreate
under foch unlawful marriage, (hall not be lawhil nor li^ti-
mate: anyforrign laws, UcenceSy dif^ienfations, or other thing
or things to the contrary thereof notwijthftanding. And that in
cafe there be any perfon or perfons widun this realm* or in any
cf the King's dominions, already married mthin any of the
faid degrees above fpecifiec^ and not yet feparate from the bonds
pf fuch unlawful marriage, that thcii every fuch perfon, fo un-
lawfully manried, (hall be feparate by the definitive fcntence,
and judgment of the archbifhops, biihops, and other minifters
of the church of England^ and in other your dominions, with-
in the limits of iheir jurifdi6tions and authorities, and by none
of other power or authority. And that all fentenccs, and
judgments, given and to be given by any archbifliop, bifhop or
pt^cr fpjupi&tr pf tb? church of England^ or in any other the
JEe^ JCing's
424 Axmo vlcefimo o£brro H&NRia VIIL [ 1 536.
King's dominions, within the limits of their jurifiiiAions, an^
;iuthority, (hall be definitively firm, good, effeAual to aU in-
tents, and be obferved, and obeyed, without fuing any {nhovo-
There (haU be cations^ appeals, prohibitions, or other procefs, from or to the
**u *^^k * r ^^^ ^^ Rome^ to the derogation thereof, or contrary to the
Rome! *^ ^^^^ ^^'^^ ^^^ beginning of the laft parliament for reftraint
H- H. 's. c. IS. of ^ucl^ provocations, appeds, prohibitions, and. other pro-
cefies.
XIV. And alfo be it enadled by authority aforefaid. That all the
^flue hereafter to be had and procreate between vour HighneTs
^d your faid moft dear and entirely beloved lawful wife. Queen
Janij (hall be your lawful children and heirs, and be inherit*
^le and inherit, according to the courfe of inheritance and
laws of this r^alm, the in^>erial crown of the fame, with all
dignities, honours, pre-eminences, preroeatives, authorities,
land jurifdi6Uons to the fame annexed or bdonging, in as large
and ample manner, ^s your Highnels at this prefent time hath
)the fame as King of this realm, the inheritance thereof to be
and remain to your faid children and right heirs, in maimer
and form as hereafter (hall be declared, that is to £ay :
Tht crown of Xy . Firft, the faid imperial crown and other the premifies,
iEhgland en- (j^all be tp your Majefty, and to your heirs of your body lawfully
SSl^ to WgWep: thaMsio %. to the firft fon of your body betweca
the heirs males YP^r Highoefs and your laid lawful wife Queen Jan^ begotten,
bf bisbod^r be- and to the heirs of the body of the fame firft fon lawfully be*
ptten, nvith gotten. And for default ot fuch heirs, then to the fecond fon
U: , . . and the heirs of the body of the fame ffecond fon lawfully be-*
gotten, as aforefaid, and fo to every fon of your body, and of
the body of the faid Queen Jane begotten, and to the heirs c^
the body of every fuch fon begotten, according to the courfe of
inheritance in that behal£
XVI. And if it (hall happen your faid moft dearandentirely be-
loved wife Queen Jane to deceafe without ifiue male of the body
of your Highnefs to be begotten (which God defend) then the
fame imperial crown, and all other the premifles to be to your
Majefty, as is aforefaid, and to the Ipn and heir male of your
Jjody lawfully begotten by any other lawful wife, and to the
Jidrs of the body of the lame fon and heir inale lawfully be-
gotten. And for default of fuch iflfue, then to your fecond
ion of your body lawfully begotten, and to the heirs of the bo-
dy of me fame fecond fon lawfully begotten, and fo £rom fon
gnd heir male, to fon and heir male, and to the heirs of the fe-
veral bodies of every fuch fon and heir male lawftilly begotten,
according to the coune of inheritance, in like manner and Ibrm,
as is above faid. "
I for default of XV II. And for default of fuch fons of your body lawfully begot-
ffbe inale of ten, and of the heirs of the fevcral bodies of every fuch fonlawfully
^y! the crowii *><ng:o"en, that then the faid imperial crown, and other the pre-
vail defcend tni^cs, (haJl be to the iflue female between your Majefty and
to the cidcft your faid moft dpar :ind entirely beloved wife Queen Janf be^
^"' * gotten:
» 53^0 An"^ viccfimo oStsLVO Henrici VIIL 425
gotten : and for hckof fuch iflue, then to the heirs females of UTue female of
your body lawfully begotten by any other lawAil wife: that is. W» ^<ly be-
to fay, lirft, to the eldeft iflue female, and to the heirs of her B9tttn.
t>ody lawfully be^tten, and fo from ifliie female to iilue fe-
ynale, and to their heirs of their bodies one after another by
c:ourfe of inheritance, according to their ages, as the crown of
£ngland hath been accuftomed and ought to fucceed and go,
in cafe where there is heir female inheritable to theiame.
X VIIL And forafmuch as it ftandeth at this prefent time in the
^nly pleafure and will of Almighty God, whether your Majefhr Theperilstbat
ibaU have heirs begotten and procreated between vour Highqcis "Mghtcnfueto
and your faid moft dear and entirely beloved wife Queen Jane^ or J^n'S know^
dfe any lawful heirs and iflues hereafter of your own body be- ledge oft Uwl
gotten by any other lawful wife, and if fuch heirs ihoula fail, fulfucceflbr'to
as God aefend, and no provifion made in your life, who (hould^li^ci'owiu
rule, and govern this realm for lack of fuch heirs : That then
this realm, after your tranfitory life, fhall be defUtute of a law*
fill govemour : or elfe percafe encumbered with fuch a perfon,
that would covet to afpire to the fame, whom the fubjedls of
this realm (hall not find in their hearts to love, dread, and obe«
dientlj ferve, as their fovereign Lord. And if your Grace^
9fore It may be certainly known whether ye (hall nave heirs or
po, (hould fuddenlv name and declare any perfon or perfons to
jTucceed after your oeceafe, and for lack of heirs of your body
law^illy begotten, into the royal eftate of the imperial crown
pf this realm : then it is to be doubted, that fuch perfon that
ihould be fo named, mi^ht happen to take great heart, and
courage, gnd by prefumption fall to inobedience and rebellion,
by occaiion pf^ which premi&s great divifion and diflention
may be, and is very likely to arife, and fpring in this realm, to
the ^at peril and destruction of us your mofl humble and
obedient fubjeds, and of all our pofterities, if remedy for the
fame fhould not be provided. For reformation and remedy
vrhcreof, we your moft boundeo and loving (ubjedts, moft obe-
diently knowicdging, that your Majefty moft vidorioufly, pru-
dently, politickly* and inmflferently hath maintained, defend-
ed, governed, and ruled this r^m in good peace, reft, quiet*,
nefs and obedience, during all the time of your moft gracious
reign, which we moft heartily defire might continue ror ever,
putting all our whole truft and confidence in your Highnefis^
9nd nothing doubting, but that your Majefty, ifyeftiouldfail in
heirs of your body lawfully l>egotten, (which God defend) for
the hearty love and fervent afF(^on that ye bear to this realm,
gnd for avoiding all tlie occafions of divifion afore rehearfed, fo
earneftly mindeth the wealth of the fame, that ye can beft and
pnoft prudently provide fuch a governour for us and this your
realm, as (hall, and will fucceed, and follow in the juft, and
right tread of all your proceedings, and maintain, keep, and
defend the fame, and all the laws, and ordinances eftablilhed
in your moft gracious time, for the wealth of this realm,
which a]l we defire, whereby we your faid moft loving and obe*-
dient
4l6 Anno mrefimo oftsvo Hxmiici VTLL [1536.
dkntfolqeAs, and our heirs and fucceflors, ihall andsuy fire,
as near a$ may be, in as good peace, unity, and obedieece after
your deceafe, as vtt have lived in the time of your moft {jao-
If theKiiffdse oqs teign. Do therefore moft humbly befeedi yoor ififfhiie&,
^^f^ h ^^ ^ ^""^y ^ enaded, for avmdingof all ambiguities, doubts,
ms^]^/ the divifions, and occafions in that behalf, by your moft royal Ma-
crown to any jcfty, by the afient of us the lords fpiritual and tempoiTd, ad
bf his ktten the commons in this your preient parliament affembled, and
£^m ^^ by audftority of the fame, that your Highnefs (hall have fall,
wridoE* ^ ^''^^ plenary power, and authority to give, diijpofe, ^qipoint,
aflign, declare, and limit by your letters patents under your
great feal, or elfe by your laft win made in vmting, and affign-
ed with your moft gracious hand, at your only {Seafure, fimn
time to time, bereamr the imperial crown of this realm, and
all other the premifles thereunto bdonging, to be, remain, (uc«
coed, and come after your deceafe, and-fbr lack of bvffiil heirs
of your body to be procreated and begotten as is afiire limited
by this aA, to fuch perfon or perfens in poftffion, and remain-
der, as (hall pleafe your Highnefs, and accoiding to Ibdk cfbie,
and after fuch manner, form, fafluon, order and condition as(haU
be exprcfid, declared, natned, and limited in yoor find letiiers
A fubmiflion patents, or by your {aid laft will. And we your moft humble
to the King^t ^^ obedient fubieas, do faithfully promife to your Majcfty by
^^V^ one common anent, tfuit after your deceafe,. and for lack et
heirs of your body lawfully begotten, as is afere rehearfed, we,
our heirs and fiicceilbrs, (half accept, and take, love, dread,
ferve and all only obey fuch perfon and perfons, males or fe-
males, as your M ajefty (hdl give your faid imperial crown un-
to, by authority of this aft, and to none other, and whoDv to
fticktothem, as true and futhful fubjefts ought to do, to their
tt^ rulers) governoun, and fuiMeme heads.
AlX. And for fure corroboration thereof, be itfurthcr enaded
by authority aforefaid. That fuch perfon and perfons, to whom
it (hall pleafe your Majefty to dK^pofe, limit, and aflign voor Cud
crown, and other the premifles thereto appertaining, by vour
letters patents, or by your laft vriQ, as is aforefiud, (haul nave
and enjoy the fame after your deceafe, and for lack o(F bdrs of
your body lawfully begotten, according to fiich eftate, and
after fuch manner, form, fa(hion, order, and condition as (hall
be thereof exprefled, mentioned, and contained in yoiv fiud
letters patents, or in your faid laft will, m as large and amj^e
manner, as if fuch neribn, and perfons had been your lawful
heirs to the imperial crown of this realm, and as if the fame
crown of this realm had been given and limited unto them
plainly and particularly by fpedal names and fufRpent terms,
and words, by the fiilf, and immediate authority of this your
moft high court of parliament.
XX. And it is further enadted by authority aforefaid, Thati^
any of vour heirs or children hereafter do ufurp the one of them
upon the other in the crown ofthis realm, or claim or challenge
your faid imperial crpv^n in any other form, or degree of dc-
ffitnt,
1 5 3 ^0 Anno yiet&mo oftavo Hbmrici VIIL J^,%y
(cent, or AiGceffion than is afixe lioiited by this adl : Or if any
peribn or perfons, to whom it (hall pleafe your Highnds of
your moft excellent goodnefs by authority of this aS to give
auid diiboie your faid crown and dignity of this realm, or the
heirs ot any of them, do at any time hereafter demand, chal-
lenge, or daim your faid crown of this realm, otherwife, or in
any other courie, form, degree or condition, than the fame
fhall be given, difpofed and limited unto them by your High-
nefs, by virtue and authority of this aS. Or, if any fuch per* A means >to
fon or porfons, to whom your Majellv (hall hereafter give or preyentufur-*
difpofe Your faid crown by authority oi this aft, or any of their 5Srn and the
heirsy cio interrupt or let any of the heirs of your Majefty, penalty of the
that is, or (hall be begotten, bom, and procreated under your uforpers.
lawful, pure, iincere and undouUed marriage, now had and
fblemnized between your .Highnels and your uid moft dear and
entirely beloved wife Queen Jomj or any other your lawful
heirs hereafter to be begotten of your body by any other law*
ful marriage, peaceably and quietly to keep, have, and enjoy
the faid impenal crown, and other the premifles, by courfe of
inheritance, according to the limitation thereof, exprefbd and
declared by tliis aft : that then all and lingular the offenders in
any of the premifles, contrary to this a£t, and all their abettors^
xnaintainers, fautors, couniellors, and aiders therein, (hall be
deemed and adjudeed high traitors to the realm, and that eye«
ry fuch offence (h^l be accepted, reputed and taken to be high
trea(bn, and the offenders therein, their aiders, maintainers ,
fautors, counfellors, and abettors, and every of them, for eve«
ry fuch offence (hall fuffer fuch juc^ment and pains of death,
lodes and forfeitures of lands, goods and privileges of fanftuary,
as in any cafes of high treaibn. And over that as well your
faid heirs, and children, as every fuch perfon and perfons, to
whom your Highne(s (hall limit your faid crown, in form as is
aforefaidy and every of their heii*s for every iuch offence above
fpecified, by them or any of them to be committed, (hall lofe
and forfeit as well all fuch right, title, and intereft, that they
may claim or challenge in or to the crown of this realm, as
heirs by defcent, or by reafon of any gift or a6t that (hall be
done by your liighnels, for his or their advancement, by the
^Luthonty pf this aft, or otherwife by any manner of means or
pretence whatibever it be.
XXI. And be it further enafted by authority aforefaid, That if jt (hall be bigV
any perfon or perfons, of what eftate, degree, dignity, or condition treafon to
k>ever they be, at any time hereafier, by words, writing, im- write any of
{printing,, or by any exterior ajft or deed, malicioufly or willing- jJercaftcr^fpc-
y procure or do, or caufe to be procured or done, dire«ftly or afied.
indiredly, af>y thing or things to the peril of your moft royal
perfon^ or to the peril of the perfon of any qf your heirs or
fucce^rs, having the royal cftate of the crown of this realm :
Or malicioufly or willingly give occafion by words, writin^^
print, deed or a<ft, whereby your Highnefs or any your (aid
bcirs or fucccflTors, having the royal cftate pf the crown of this
realm,
I
428 Anno vicefimo oAavo HSKRICI VIIL [1535.
retlm, might be difturbed or interrupted of the crown of this
realm : Or by M^ords, writing, prin^ deed or ad, procure or
do, or caufe to be jwocured or done, any thing or things, to, or
for the interruption, repeal or adnullation of this z&j or of any
thing therein contained, or of any thing that (hall be done bj
2 our Highnels in the limitation and di^fition of your crown
y the authority of the fame. Or by words, writing, jirint,
deed, or ad, procure, or caufe to be procured or done, any
thing or things to the prejudice, {lander, difturbance, or deroga-
tion of the faid lawful matrimony, folemnized between your
Majefty and the faid Queen Janiy or any other your lawful wife,
or wives, hereafter by your Highnefs to be taken : Or to the
peril, flander, or difhenfon of any of the iflues, and heirs of
your Highnefs, being limited by this aA to inherit, and to be
inheritable to the crown of this realm^ in fuch form as is afoie-
faid : Or to the interruption or diflierifon erf* any fuch pedbn or
perfoos, to whom your Highnefs (hall aflign and dii^fe your
laid imperial crown by authority of this a6l, as is afore remem-
bered J whereby any fuch iflues or heirs of your Hi^mefs, or
fuch other perfon or perfons might be deftroved, difturbed, or
interrupted in fame, body, or title of the mheritance to the
crown of this realm, as to them is limited in this ad, in form
above rehearied, or as to them (hall be limited and affigned by
your Highnefs, by virtue and authority of this a6t: Or if any
perfon or perlbns, by words, writing, imprinting, or any other
exterior aft, direftly or indiredly accept, or take, judge, or
believe any of the marriages had, and folemnized between the
King's highnefs and the faid lady KatharifUy or between the
King's highne(s and the faid late Queen Amiy to be good, law-
TreaTontobe-ful, or of any effeA: Or by words, writing, printing, or any
thc"Lrria«rc[ ^*^'' ^^^^^ ^<^» dirccSly or indiredly, flander, interrupt, im-
between ihe P^ach, gainfay, or iinpuen the lawful judgments and fentences
King and the of the (aid moft reverend father in God, Thomas archbifhopof
lady Katha- Cantifburyy and primate of all Englandy for and concerning the
tobcKood."* divorces and feparations of the faid unlawful marriages, or any
Treaion to ^^ them. Or by words, writing, print, or any other exterior
call lady Mary ^^» diredly or indire<^y take, accept, name, or call by any
or Udy Eliza- pretence any of the children born and procreated under any ctf
beth legiti- the faid unlawful marriages, to be legitimate and lawful chil-
"**^^* dren of your Majefty. Or if any perfon or perfons craitily
. imagine, invent, or attempt by colour of any pretence, to dc-
deprwl thr^ privc the King's highnefs, the Queen, or the heirs of their bo-
Kin? his heirs dies begotten, or any other the heirs of the King's body law-
or aiTignes of fully begotten, or any perfon or perfons, to whom the King's
the crown. highnefs (hall difpofc, give, and limit the crown of this realm,
by authority of this a<5^, or any of their titles, ftiles, names,
Rcfufing to degrees, or royal cftates or regal power. Or if any per(bn or
toanfwcrin^. P^'**'^"^ ^^ ^^^ f»"^« hereafter, being required or commanded by
terrogatoricfc ^^ King's highnefs, or by fuch perfon or perfons, as (hall be
authorized by his Grace, or his lawful heirs, to make or take
an oath, to anfwer to fuch qu^ftions and interrogatories as fhall
6 b:
1 53^.] Anno vicefimo oftavo Henrici VIIT. 429
be objeAed to them» upon any claufe, article, fentence or word
contained in this ad, do contcmptuoufly or utterly refufe ta
make or take fuch oath, or without fruftratory delay do not
make, or take the fame oath : or after the making or taking
fuch oath, do contcmptuoufly refufe diredlly to anlwer to fuch
queftions and interrogatories, as fliall be obje6^ed concerning
the fame or any part thereof: that then every fuch perfon and
Xierfons, of what eftate, degree or condition locver he or they
be, and their aiders, counfellors, maintainers and abettors, and
every of them, for every fuch offence afore declared, (hall be
adjudged high traitors. And that every fuch offence afore
fpeciiied, fliall be adjudged high treafon, and the offenders
therein, and their aiders, counfellors, maintainers, and abet-
tors, and every of them being lawfully convift of any fuch of-
fence by prefentment, verdi6t, confeffion, or procefs, according
to the cuftom and laws of this realm, fliall fuffer pains of death,
as in cafes of high treafon. And that alfo every fuch offender, Theoflfender
being convid as Is aforefaid, (hall lofe and forfeit to your (hall forfteit his
Highnefs, and to your heirs or fucce(Ibrs Kings or regal ^^!|j3l!**
rulers of this realm, all fuch manors, lands, tenements, rents, g^®^-
annuities, and hereditaments, which they had in pofleiflion as
owners, or were fole feifed of, by or in any right, title, or
means, or any other perfon or perlons had to their ufe of any
<^te of inheritance, at the day of fuch treafons and offences
by them committed and done. And (hall alfo lofe and forfeit
to your Highnefs and your faid heirs, as well all manner fuch
eftates of freehold, and intercft for years of lands, and rents,
as all other ^oods, chattels and debts, which they had at the
time of their conviAion or attainder, of any fuch offence :
Saving alway to every fuch perfon and perfons, and bodies poli-
tick, to their heirs, affignes, and fucceffbrs, and to the heirs and
fucceflbrs of every of them, f other than fuch perfon as fhall other perfons
be fo conviA or attainted, ana their heirs and fucceflbrs, and righu iaved.
all other claiming to their ufes) all fuch right, title, ufe, in-
tereft, pofleflion, condition, rents, fees, offices, annuities, and
commons, which they, or any of them, fhall have in or up-
on any fuch manors, lands, tenements, rents, annuities,
or hereditaments, that fo fhall happen to be lofl and forfeit
by reafon of any convidion or attainder, for any the treafons
and offences above rehearfed, at any time before the faid trea-
fons and offences committed.
XXII. Be it alfo cnaAed by authority aforefaid. That no per- None that
fon or perfons, offending in any the treafons contained and limited committeth
by this aA, or in any other treafons, (hall in any wife have treafon (hall
and enjoy the privilege, or immunity of any manner fanAuary have the be-
within this realm, or elfewhere within any the King's do- JJJ^' ® **"^
minions : but (hall utteriy lofe and be excluded of the fame, ^*
any u(e, grant, cuflom, prefcription, confirmation, or any other
thmg or things to the contrary hereof in any wife notwithftand-
^ XXIII. And
430 Anno vicefimo ofUvo HsvRici VUI. [ 1536.
If the Kin; XXIII. And be it adibenaaed by authority afiarefaid, Thatif
die. hit beir y^^ Majefty (hall happen to doceafe before any fiich your ifite
m w^^' andheir male of vour body, which (bould inherit the crown of
cuftodythe this realm, (hall be of his age of xviii. years, or before that fuch
fame beiribaU your iffiie and bar female, which (hould iiaberit the oown of
^* this realm, (hall be married, or be of the age of fixteeo years,
(whidi Almighty God defend) that then the Cud ifllie and hdr
male to the crown, fo being within the age of eighteen year^
or yoiir iaid iflue and heir female to theciown, fo being un-
married or within the laid age of fixteen years, (hall be and
remain, mitil fuch time as fuch ifiaes and heirs ihall come to
their (aid leveral ages afore limited, at and in the governance
of their natural mother, and of fuch other your counfeUors,
and nobles of your realm, as your Highnefs (hall limit and ap-
point by your laft will made in writiug, fi^ed with your moft
gradotts nand, if it (hall be thought by your Highnefe rootl
convenient fo to be : or elfe the faid iffiies and heirs fliall be ac^
and in the governance of fuch of vour counfeQors and fiobks
of your realm, as your Majefty mall name and appoint by
your laft will made in writing, and ligned with your moft
gracious hand, as is afore(aid. And if any peifon or pcribns,
by writing, printing, or exterior deed^ or a&, dire<5^1y or in-
direSIy, procure or do, or caufe to be procured or done any
thing or things, to the let or diihirbance of the fame : that
then every fuch offence (hall be lugh treafon, and the oSenden
being thereof convi&ed, (hall fumr fuch pains of death and
lois of inheritance, privileges of fan^aries, freeholds, in-
terefts for years, goods, diattds, and debts, in fuch manner
and form as is above 4>ccified in cafies of trea(bn aforemen'
tioned.
XXIV. And for the more fure e(hd>li(hment of the fucc^ion
of your moft royal Miye(lv, according to the tenor and form of
this aA, be it further enaAed by the authority aforefaid. That
as well all' the nobles of your realm fpiritual and temporal, as
all other your fubiedls now living and being, or that here^er
Ihall be at their full ages, by the commandment of yowr Majefty,
or of your heirs, or fucceflors, at all times hereafter from time to
time, when it (hall pleafe your Highnefs, or your heirs or fuc-
ceflors to appoint, (hall make a corporal oath in the prefence
of your Highnefs, or your heirs or fucceflors^ or before fuch
AllthcKine** Other as your Maje(ty or your heirs or fucceflors will aflign for
fubjeasOuili the (ame, (or the keeping, obferving, defendinj^, avowing, and
take an oath maintaining of this ad, and of all things that ftxall be done by
formanMof y^*^^ Hiehnefs by authority thereof, according to the tenor
this aa. of an oath hereafter enfning, that is to fay. Ye (hall fwear to
bear faith, truth and obedience all only to tixe King's majefty,
fupreme head in earth under God, of the church of England^
during his life, and to his heirs of his body of his moft dear
juid entirely beloved lawful wife Queen Jane^ begotten and to
The form of be begotten and procreated : and further to the heirs of our
the oath, jjju^ (overeig^ Lord, according to the limitation in the ftatutc
mads
w S36J] Anno ^cefimo oQmo Hemiici VIII. 42 <
nnadeibr furety of bis fuoceOion in the crown of dus realm,
in the parliament begun and holden at ffytminftir qn the ei|htk
day of Juniy in the xxviii. year of the King's moft graaous
E^gn. And alfo for lack of fuch heirs, to fuch perfon and per*
Tons as the King's highnefs (hall limit and appoint to Aicceed
to the crovm, by virtue and authority of the wne a£t, and not
to any other within this realm, nor fbreign authority, power,
or potentate. And in cafe any other oath be made, or hath Adifpeniatioit
been made by yon to any perfon or perfons : that then ye to of any former
repute the iamc as vain and adnichilate. And that to your oath, and the
ounning, wit, and uttermoftof your power without guile, frauds ^*"**ted*^^ ^
or other undue manner, ye (hall obferve, keep, maintain, and ^^^ "
defend the faid ad of fucce(rion made in the fiud parliament,
begun and holden at Weftmnfttr in the faid viii. day of ^hme^
in the faid xxviii. year of the King's moft royal reign, and all the
whole effects, and contents thereof, and all things that (hall be
done by the King's highnefs by authority of the fame, and all
other ads aixi (hitutes made in confirmation, or for execution of
the lame, or of any thing therein contained : and this ye (hall do
againft all manner of perfons, of what eftate, dignity, degree,
or condition foever they be : and in no wife do or attempt, nor
to your power fu(Fer to be done, or attempted dire(5Uy, or in-
directly, any thing or things, privily or appertly, to the let,
hindrance, damage, or derogation thereof, or of any part of the
the &me, or of any thing or things that (hall be done by the
King's highnefs, by virtue or authority of the faid aA, by any
manner of means, or for any manner of pretence, fo help you
God, all faints, and the holy evangelifts.
XXV. And it is alfo ena^ed by authority aforefaid. That all What fort of
manner your fubjedls, as well fpiritual as temporal, fuing livery, pcribni (hall
or imjiri lemaim^ out of the hands of your Highnefs, or ofyour^ ^ ^^**^*
heirs or fucceflbrs, or doing any fealty to your Highnefs, or
your heirs or fucceflbrs, by reafon of the tenure of their lands,
ihall fwear the faid corporal oath abovementioned : and that
they, nor any of them, fliall hereafter have any liveries, wfire
U nuiint^ or reftitution out of your hands, nor out of the hands
of your heirs or fucceflbrs, till they (hall have made the (aid cor-
poral oath, in (brm above rehearfed. And if any perfon or The penalty
perfons, being commanded by authority of this act, to make of rehifew to
the (aid oath afore limited, obftinately or wilfully relufe that ^*^* ^^* ^***'
to do, or will proteft and fay, when they (hall be examined
upon any interrogatories, that (hall be objeded to them, for
or concerning this ad, or anything therein contained, that
they be not t^und to declare their thought and confcience, and
ftiffly thereon abide : that then every Aich peribn fo doing, for
every fuch oflfence (hall be taken and accepted for offender in
high trea(bn.
A X VI. And that every fuch refufal (hall be deemed and adjudged Honouo,
high treafon, and the offender therein, being as afore is limited, titles, Ailet
lawfully conviifted or attainted thereof by the laws of this realm, or lands giren
iball fuffer fuch pains of death, lolTcs, and forfeitures^ and alfo ^y ^^ King 4
lotb
43*
cttcrt pa-
tents, or laft
will to fomc
of hiskia.
The righH
and eftates
of'aUotherf
faved.
Anno viccfimd oftayo Henrici VIIL [153^*
lofe piivile|es of fandhiaries, in like maimer and farm asii
above mentioned, for the treafons afore limited by this aid*
XXVU. And be it further ena&ed by authority of this prefimt
parliament that if it (hall pleafe the King's majelty at any time
hereafter, by his letters patents under his great feal, or by his laft
will made in writing, and figned with lus mod gracious hand,
to advance any perfon or perfons of his moil royal Uood to
any title, ftile, or name, of any eftate, dignity, or hooour^
whatfoever it be, and to give to them or to any of them, any
caftles, honours, manors, lands, tenements^ liberties, fran^
chifes, or other hereditamentsy in fee-fimple, fee- tail, or for
term of their lives, or the life of any of them ? that dien all
and every fuch letters patents, and laft will of his Highneis, b
to be made to any fuch perfon or perfons of his bloody ibali be
gpod and effe<5hial to them, and every of them, according to
the tenor, purports, and effedts of every fuch letters patents
and laft will. And that the faid perfon and perfons, and every
of them, (hall have and enjoy as weH all fuch tttle^f (tiles, and
names of honour, dignity, and eftate, which (hall be con-
tained and exprefted in any fuch letters patents or laft will of
the King's highnefs, as fuch caftles, honours, manors, lands^
tenements, liberties, franchifes, and all other hereditaments,
which (hall be fpecified, and mentioned in every fuch letters
patents, or laft will, in fuch manner, form, fafhion, and con«
dition, and accordine to fuch eftate, or eilates in tide law, as
(hall be expre(red and limited in every fuch letters patents, or
laft will, in as large and ample manner to all intents and pur<
pofes, as if the tides, (tiles, and name of honour, dig^ky and
eftate, and the caftles, honours, manors, lands, tenements,
liberties, franchifes, and other hereditaments, which (hall bo
comprifed in any fuch letters patents, or laft will to be made,
were already dven by good and fufficient letters patents to fuch
perfon or p«rfons of^ the King's blood by their fpecial names
and furnames, and ratified and Confirmed by authority of
this prefent parliament : Or as if the names of fuch perfon or
perfons, fo beinz of the King's bloody and fuch titles, (tiles,
names, caftles, honours, manors, lands, tenements, liberties,
franchifes or other hereditaments, had been fpecially named,
and exprefled in this a<5t, and given to fuch perfon or perfons
of the King's blood by their proper names and furnames, by
fufHcient words, terms, claufes and fentences, immediately by
authority of this prefent parliament. Saving to all and every
perfon and perfons and bodies politick, and to their heirs,
afTignes and fucceflbrs other than to. the King's hjghne(s, his
heirs or fucce(ror$, all fuch right, title, intereft, pofiemon, rents,
annuities, fees, offices, commons, rights, interefts, petitions,
conditions, and all other hereditaments, which th^y or any of
them may or might claim, of, in, or to any the faid titles, (tiles,
names, cafUes, honours, manors, lands, tenements, liberties,
franchifes, and other hereditaments contained or mentioned
in
536-] Anno vicefimo oftavo Henrici VIII. 433
a any (uch letters patents, or lad will, in as large and ample
nanner as if this z& had never been had nor made.
XXVIII. And be it finally enadtedby authority aforefaid. That This aft (hall
his prefent aft, and every claufe, article, and fentence comprifed ^ conftrued
n the fame, Ihall be taken and accepted according to the plain the plaSn^ *^
vords and fentcnces therein contained, and (hall not be in- words thereof,
crpreted nor expounded by colour of any pretence or caufe,
)r by any fubtil arguments, inventions or reafons to the hin-
irance, difturbance or derogation of this a6l, or any part there*
>f : any thing or things, adt or afts of parliament heretofore
nade, or hereafter to be had, done or made to the contrary
hereof notwithftanding. And tliat every a6t, (tatute, law, pro- Altered by
nfion, thing and things heretofore had or made, or hereafter to 35 H. 8. ex.
3e had, done or made contrary to the effedl of this ftatutc, fhall R«'pcalcd,
se void, and of no value nor force. iM.fc(L2,c.i.
CAP. VIIL
\n ^€t for continuance of the ftatutcs of 21 H. 8. c. 10, 12. i El. c. i8.
23 //. 8. Ci 17. and 24 H. 8. c. 9. againft the carriage of brafs,
laten and copper, out of this realm ; and for making cables
and ropes -, tor the winding of wool, and againft killing of
weanlings under the age of two years. — To injure to tie lajl
day of the next parliament.
CAP. IX.
^n 7L&. for continuance of the ftatutes of 23 H. 8. r. 2, 3. t EI. c. iS*
25 //. 8. c. 9. and 24 H, 8. c. 4. of peijury, for making of
jayles for pewterers, and for fowing of flax and hemp.-— 7i
endure to the loft day of the next parliament.
CAP. X.
If any perfon (hall extol the authority of the bi(hop of Rome^ he REP.i&iPh.
(hall incur the penalty of preemumre provided Anno 16 R. 2. ^'^'^ J;
c. 5. Every ccdefiaftical and lay officer (hall be fworn to SecijEi.ci,
renounce the faid bi(hop and his authority, and to refift it
to his power, and to repute any oath taken in maintenance
of the faid bi(hop or his authority, to be void ; and the re-
fufmg of the faid oath, being tendred, (hall be adjudged
high treafon.
CAP. XI.
For the rejlitution of the firfi fruits in time of vacation to
the next incumbent.
FOrafmuch as in the Jlatute of the payment unto the King'^ The reasons
mqjefty, his heirs and fuccejjhrs^ of the firji-fruits offplritual [jJJJ^^""*
promotions^ offices^ benefices and dignities within this rcalm^ and other , r^j/^^^
the King^s dominions^ exprefs mention and declaration is not had ne ^69,
made^ from what time the year JhaU be accounted^ in which thefirj}-- %G IL S. c. 3.
fruits Jhall be due and payable to his Highuefsj that is to wit^
'whether immediately from the deaths rcftgnation or deprivation of
every incumbent^ or from the time of admijjion or nnv taking ofpy-*
J'^nion in every [uch promotion.
Vol. IV. Ff II. And
434
Firtl-fruits
Anno vkefiono oftavo Henrici VKI. t^53^.
n. And alfi by reafm that in the fame JhtuU it is n9t dnlarei
taken during ^^^ ^// fj^^ /^^ JruitSj tithes and other profits of thejaii bate-
aTa^bcneike fi^^U offices^ promotlms and ds^mties fpirituall during t»e time ef
Oiall be re- ' vacation thereof^ divers of the archbijbops and bijbops of this naln
ftored to the
next incum-
bent, whofe
charge for
firil-fTuitt
Ihali begin
from the firft
vacation.
Theonfi-
nariet delay
to inftitate
derktfor
their private
gain.
gin
nrft vacation
ofthebenc«
lice. The
fruits taken
durin^^ the
vacation of a
have;^ not only when the time of perceiving and taking of tithes
(that is to fay 9 tuool, lamby com and hay^ and tithes ufuaRj paid ai
the hobf time of Eaftcr) hath approached^ deferred the coBatim ef
fuch benefices as have been of their own patronage^ bett alfo have^
upon prefentaiions of clerks made unto them by theju/l patrons^ prs-
traced and deferred to inflitutOy indu^ and admit the fame clerks^ t:
fhe intent that they might have and perceive to their own nfe the fame
tithes growing during the vacation -, {%) fo that through fuch dekp
(over and above the fir/t-fruitSj which be pfftly due to the King's
highnefs) they have been conflrained alfo to lofe all or the mojl part if
one yearns profits of their benefices and promotions^ and to ferve m
cure at their and their friends proper cofts and charges y or utterly is
for fake and give overt heir benefices ani promotions^ to their gr&u kfs
and hindrance :
The next in- HI- For reformation whereof, be it ordained and enaded by
cumbent'i the King our fovereign lord, with the aflent of the lords fpi-
5|?F8«J®^^ ritual and temporal, and the commons, in this {nrefeat parlia.
STfrom tlw' ^^^^ affembled, and by the authority of the feme. That the
faid year, in which the firft-fruits (hall be paid to the King's
grace, (hall begin and be accounted immediately after the
avoidance or vacation of any fuch benefice or promotions fpi-
ritual afore rehcarfedj (2) and that the tithes, fruits, ob-
lations, obventions, emoluments, commodities, advantaees^
benefice, (hall rents and all other whatfoever revenues, cafualties or pronto,
be reftored to certain and uncertain, aflFcring or belonging to any arcfadea-
Smbent.**" conry, deanry, prebend, partonage, vicarage, hofpiul, war-
Scei£l.c4. den(nip, provoft(hip, or other fpiritual promotion, benefice,
f. 14. dignity or oiHce (chaunteries only except) within this realm,
Co.pl.f. j6S.b. or other the Kind's dominions, growing, rifing, or coming,
during the time of vacation of the fame promotion fpiritu^i^
fhall belong and affere to fuch perfon as (hsdl be thereunto next
prefeoted, promoted, inftituted, induced or admitted, and to
his executors, towards the payment of the firft-fruits to the
King's hi|hnefs, his heirs and fuccefibrs ; any ufage, cuilom,
liberty, privilege or prefcription-to the contrary had, ufcdor
being, in any wife notwithdanding.
IV. And it is alfo enadted by the authority aforefaid. That if
any archbi(hop, bifliop, archdeacon, ordinary, or any other
,«.«.*«. I..* perfon or perfons to their ufcs and behoof, at any time hereto-
fruiu of a be. fore fith the firft day of May laft paft, have perceived, received
nefice during or taken, or at any time hereafter do perceive, receive or take
^d d'^lf^ot ^^^ fruits, tithes, obventions, oblations, emoluments, com-
*"* " modities, revenues, rents, advantages, profits or cafualties,
coming, growiiig or belonging, or which hereafter (hall come,
grow, affere, or.belong to any archdeaconry, deanry, prebend,
parfonage, vicarage, hofpital, wardenfhip, provoftfhip or other
ijpiritual promotion, benefice^ dignity or ofKce (chaunteries
only
The forfei-
ture of the or-
dinary Which
receiveth the
reftore them
to the next
incumbent.
^53^'^ -^"^^ vicc^mo oftavo Henrici VIII. 435
>nly excepted) within this realm or other the King's dominions,
Juring the vacation of fuch archdeaconry, deanry, prebend,
parfonage, vicarage, hofpital, warden(hip, provodfhip, or other
Spiritual promotion, benefice, dignity oroffice (chauntries only ex-
cepted) and the fame, upon reafonable requcft from henceforth
to be made, doth not render, reftore, fatisfy, content and pay to
the next incumbent, being lawfully inftituted, inducted, or ad-
mitted to fuch archdeaconry, deanry, prebend, parfonage or vi-
carage, or other promotion, benefice, dignity or office fpfritual^
except before excepted, or do kt or interrupt the faid incumbent
to have the fame; that then every archbifliop, bi(hop, ari^hdeacon^
ordinary or other perfon fo doing, (hall forfeit and lofe thtf
treble value of fo much as he (haU then have receivixi of thd
fruits of every prebend, parfdnage, vicarage, hofpital, warden-*
fhip, provoftlhip or other fpiritual promotion^ whereof he fcr
fhall perceive, receive or detain, let or interrupt the incum-'
bent to perceive, receive and have the i^its, tithes^ obven^
tions, oblations, emoluments, commodities, revenues, rents^
advantaeesy orofits or cafualties ; (2} the moiety of which for*
feiture ihall oe to the King our foyereign lord, and the othef
moiety thereof to the incumbent of the fame prebend, paribn-
age or vicarage, or other fpiritual promotion, to be recovered
in any of the King^s courts, by adtion, bill, plaint, informa-
tion or otherwife, in which adhon or fuit the defendant (halt
not be admitted to wage his law, nor any proteftion or eflblil
ihall be unto the defendant allowed.
V. Provided alway. That it (hall be. lawful to every arch- "vti,^ j^irt oif
bi(hop, bifhop, archdeacon, and ordinary, their officers and the fruitsofx
minifters, to reuin in his or their cuftody fo much of the tithes^ benefice the
fruits, obventions, oblations, emoluments, commodities, ad- ^^^*^ jj-*^
vantages, rents, revenues, cafualties and profits, as (hall a- hands, and
mount to pay unto fuch perfon or perfbns^ as hath or (hdf for what
ferve or keep the cure of fuch archdeaconry, deapry, prebend, caufet,
parfonage or vicarage, or other fpiritual promotion,- durintf
the vacation, his or their reafonable ftipend ot falary ^ (aj
and ahb for the colle^on, gathering and levying of focn tithes^
fruits, emoluments^ rents and other profits rifing and growing
during the vacation aforefaid ; any thing in this aA contained
to the contrary in any wife notwitliftanding.
VI. Provided alfo, and be it i\irther enafkd by Ibe iu- Tncuttattenf^
thority aforefaid. That in cafe any of the inctimbents aforefaid "?»y ^*f|.*^w
happen to die, and before his death hath caufed any of his glebe any**cornr^^
lands to be manured and fowxt at bis proper Co(ls and charges t^ them upo«
with s(ny com or grain; that then in that cafeu all and every of their glebt
the fame incumbents may make and declare their tellamerits lands.
of all the profits of the x^m growing upon the faid glebe lands
fo manured and fown ; ahy thing contained hi this prelem aSt
in any wi(e notwithftanding.
Vllrf And where alfo before fhis time divers and many parfouSi
vicars and other fpiritual perfons^bcingfeifed for term of their lives^ of
and in th4 fata fpiritual promotions aforenamed^ as well for great
fums ofmonty to them beforehand paidj as for other caufcs and con^
¥ t% JiJiratiofif^
43^ Anno viccfimo oftavo Henrici VIIL [153^.
Jiiirations^ have let in firm for term ofyears^ byfuffutent writb^^
their fmd parfmages^ vicarages and other fpiritual pnmotisns^ v
part thereof unto divers and many of the Kmg^sfubje^s^ and after
fuch leafes ly themfo made^ the lejfors thereof have oftentimes ufei t%
rejign their f aid benefices or fpiritual promotions fo aemifed and kttcn
inferm ; hy reafon of which reftgnation and other oHs of the fssd
ItJ/ors^ the faid benefices and other fpiritual promotions have keen
voidy and the title and interej^s of the faid lejfees bath been tberehy
annihilate y and of none effeSt in the law^ contrary to right andgs^
confidence: {2)jor reformation whereof and for a quietnefs the bet-
ter hereafter to be had and continued between the Kin^sfubjeefs^ be it
I^<*rkwil enaAed by authority of this prefcnt pariiamcnt. That from the
SfehiJbOTe'. ^^refaid firft day of May laft paft, no manner of fuch Icafc, by
£c fog. years,' fufficicat writing heretofore made, nor hereafter to be made)
and after doth by any fpiritual perfon \vithin this realm of England^ WaUs^
refignordie, or the marches of the fame, to any lay perfon, of any parfon-
kSe^f*** age, vicarage or other fpiritual promotion aforefaid, within this
enjoy k?^ realm, upon which leafc the rent and fervices referved, with
Altered by Other the yearly charges of the leafe, as in ferving the cure and
B&sPfa.&M. otherwife, fhall amount within forty (hiUings by the year of
^•'7- as much as the faid parfonage, vicarage, or other fpiritual pro-
motion aforefaid, fo letten, is rated and valued at upon the
. King's books, for paying the firft-fruits, (hall be adjudg^
void, annihilate or determined, by reafon of any fuch refig-
nation, or other avoidance of the laid benefice or ^iritual pro-
motion fo letten, by the only aft of the faid leflk>r; (3) but
that every fuch leflce or grantee of any fuch benefices or fpi-
ritual promotions aforefaid, their executors or afligns, (hall
have and may enjoy their terms and interefts of and in the
jhme, for the term of fix years, to be accounted next and im-
mediately after the faid avoidance, if the faid leffor do fo long
Hve, ana the leafe fo by him before made do ^o long continue
and endure ; (4^) and that after fuch avoidance, the fucoefibr
or fucceffors ot every fuch leflbr (hall and may diftrain for the
rent and fervices fo referved, and have their a<ftions of debt and'
sdl other advantages by way of aclion, entry or otherwife,
againft the faid leflee, his executors or afTigns, for recovery c^
the faid rent and covenants upon the faid leafe referved, as
the lefTor thereof might have had if no fuch avoidance had been
had.
VIIL And further be it enafted by the authority aforefaid.
That if hereafter ir happen, any fuch leflbr to deceafe and die
before the end of the term by him fo made, and that there be
one year at leaft' to come of tne faid term, that then it fhall be
lawful to the leilee thereof, his executors or afli^s, to hold
and eiuoy their faid leafe to the end of the fame year, wherein
he is (o entered at the time of his faid leflbr's death, if his faid
leafe db fo long continue, bearing and paying unto the fuc-
ceflbr of every fuch leflbr, all fuch rent and fervices, as for the
remnant of the (aid year (hall upon every fuch leafe be due ; for
the recovery whereof the f^d Uiccedor (hall and may have all
fuch
1 5 3^- J Anno viccfimo octavo Henrici VIII. 437
fuch ways and advantages as before is limited and given to the
fucceflbr, where his predeceflbr maketh fuch leafe, and refign-
cth.
IX. Provided alway. That every fucccffor, after the death of The ^^^^^!^
his predeceflbr, may and (hall have, upon one month's wamiilg pj^fona^
after the time of his indu<Slion, the manfion-houfe of every fuch £oufc, and the
parfonage, vicarage, or other fpiritual promotion aforefaid, "with zlebe'not
the glebe belonging to the fame, not being fown at the time town.
of his faid pre Jeceltor's death, for maintenance of his houfliold,
dedu<5ting therefore in his rent, as heretofore hath been borne for
the fame, or as it is reafonably worth ; any thing in this zA
contained to the contrary notwithftanding. © t r
X, Provided alway, That if the fhiits of the vacation of the th?Sc who
iaid fpiritual promotions be not fufficient to pay the curate's feires during
ftipend and wages for ferving the cure the vacation time, that the vacatioa.
then the lame to be borne and paid by the next incumbent withr
in fourteen days next after that he hath the poflfeiTion of any of
the faid promotions fpiritual.
CAP. XIL
The limits of the King's palace at IVeflminJler to be from Char-
ing-Crofs to Weftminfter-Hally which (hall have fuch privileges
as the King's ancient palaces have.
CAP. XIII.
The hillf0' non-r/sjidence cf fpiritual men and ibeir benefices.
WHEREAS in tbe parliament begun at London the third day A recital of
, . <Nove"iber in the twenty^jlrj year of the rngn ^T/^r ?;^?-,',5of''
fiveretgn md King Henry the Etghthjand from thence adjeumedand the pra6lice«
prorogued to the palace ^/wcftmiafter the feventeenth aay of De- made ufe of
cember then next enfuing^ amon^ other good a£ls and ordinances^ *o «v?<*« ^
then and there by the authorityjf the faid parliament^ it was ejla- ^rfeml.
bRJhed^ ordained and ena£led^ That as well every fpiritual perfon^
then being promoted to any archdeaconry ^ deanry or dignity in any
monajiery or cathedral churchy or other church conventual or coUegial^
or being beneficed with any parfonage or vicarage^ as all and every fpi^
ritual perfon andperfonSy which fhould after thefeaft of St. Michael
the archangely which was in theforefaia twenty-firfi year of the reign
from the faid feafi of St. Michael the archangel beperfonally rejident
and abiding at and upon his /aid dignity ^ prebend or benefice ^ or at one
of them at the leaft ; (2) and in cafe any fuch fpiritual perfon^ at
any time after the faid feaft^ kept not refidence at one of his faid dig-
nities^ prebend or benefice Sy (as is aforefaid) butabfent himfelf tvil^
fully ly thefpace of one month together ^ or by th'efpace of two months
to be accounted atfeveral times in any one y ear y and make his refidence
and abiding in any other places by fuch time, that then he Jhall forfeit
for every fuch default x. l.fierlingy as in the fame aif more plainly
doth appear \ (3) in which a£ly among other provifions contained and
fpecified in theJamCy it wasprovidedy That the faid aft ofnon-refi-
dencejhouldnot in any wife extend ne be prejudicial to any fcholar or
fchokrs^ being convcrfant and abiding for fludy^ without fraud or
F f 3 cru^n^
_J
43$ 'Anno vicefimo o£UtoHenrxg2 VIII. (153^
foviff^ at aw9 univirfity zvitbin this realm or mtboutj as iy tbejsmi
prwifum dotb 4ilfo appear men at large \ {j^)Jitbenu tbe mathtg tf
pfhicb good a^ and Jiatute^ divers and many per fom being benefiui
with lure ef fouls (as is aforejaid) and being not apt toJhiJy by rea-
Jon oftbeir age^ or otborwife^ ne never intendif^^ before the rnahi^
ofiiief^d a&^ to travel infiudy vithin any of the find unruerfities
for the imreafe of learnings but rather minding and intending tkeir
awn eafe^ Angular lucre andpieafure^ by thg fame prermfian celsur-
ably to dqraud the fame goodftatute and ordinance^ h daily and com-
monly refart and repair to tbefaid umverjities of Oxford and Cam-
bridge, tf^^tf either of tbemj where they^ under the faid f retain
find colour offludy^ do continue and abide, living diffiiiU^^ notting
' profiting themfehes byfluiy at all in learnings but emt/itnu ohe time
in idlenefs and in other pa/limes^ and infolentpiea&res^ giving occcfim
find ewt example thereby to other young men andfiudents ofithin the
faid univerfities^ little or nothing regardit^ their cure and ebarge ef
fouls^ contrary to the minds and intent of the makers of the forefad
' good flatuie. and ordinance \ ( 5 ) and alfo divers and many old hen^d
men have and do continualfy remain there ^ never exercifmg nor prac-
fifing their learning to the example of virtue and maintenance of tie
common ivealy in dlfcharge of their confcience^ according to their dufy^
having ntvertheleh and occupying fuch rooms and commodities, as were
inftituted and ordained for the maintenance and relief of poor fcbohrs,
to the great hindtance and detriment of the fame :
Whttfpirituil ij^ Sc it Acrcfore enaacd by the King our fcrcrdgn lord,
bT^i^uved ^^^^ ^^ ^^^^ ^ ^^ ^^^^ fpiritual and temporal^ and the com-
from refidence mons, in this prefent parKameot aflembled^ That all and iingu-
upon tbeir be. iar fpiritual perfon and perfons, which now be, or hereafter fiiall
jieiices, and be, to any benefice or benefices promoted, as is aforefaid, being
*Th «^*^*" above the age of xl. years, (thecfaancelbr, vice-chanceUor, com-
z ^. . p. 1 3. jj^jflp™ Qf ^jj^ fjijj univcriitics, or any of them, wardens^ deans,
provo/ts, prefidcnts, redors, mafters, principals and other head
rulers of colleges, halls and other houfes or places corpontfe
within the faid univerfides, or any of then), dodors of the chair,
readers of divinity in the common fchools of divinity in any of
the iaid univerfities, only excepted) (hall be refident and abiding
at and upon one of their faid benefices, accordine to the intent
ana true meaning of the faid former z&, upon fuch pain and
penalties as be contained in the faid former zA made and ap^r
pointed for fuch beneficed perfons for their non-reiidence.
(2) And that none of the faid beneficed perfops being above the
lige aforeiaid, except before except, (hall from henceforth be
excufed of their non-refidence upon the faid benefices, (Or tliat
they be ftudents or rpfiant within the faid univerfities, or any of
them ; any provifo, or any other clau(e or fentepce fpecified or
contained in the (aid former zii of non-refidence, or any other
thin^ or things, to the contrary hereof in any wif¬with-
ftanding.
III. And over this be it enaAed by the authority aforeiaid,
That all and fingular fuch beneficed perfons, being under the
9gc of xl. years, refiant and abiding within the faid univerfities,
'53^*1 Anno vicefimo tidavo Henrici VIII. 43q
»r any of them, fhall not enjoy the prtvile^ and liberty of non«
nefidence, contained in the provifo of the laid former a(5t, made
ibr the fcholars and ftudents of the faid univerfities, or any of
diem, iinlefs he or they be prefent at the ordinary leAure and
ledhires, as well at home 'm their houfes, as in the common
fchool or fchools, and in their proper perfons keep fophifms,
problems, difputations and other exercifes of learning, and be
opponent and re^ondent in the fame, according to the ordi-
nances and ftatutes of either of the faid univerfities, where he
or the^ (hall be fo abiding or reliant ; any thing contained in
die faid provifo or former adt to the contrary notwithftanding.
IV. Provided alway. That this aa (hall begin to take effcft
at the feaft of St. Mkbael the archangel next coming, and not
before.
V. Provided alway. That this aft, nor any 'thing therein Provilb for
contained, (hall extend to any pcrlbn or perfons which now is, rcadert of fec-
or hereafter (hall be readers ot any publick or common lefhire in the^nivc'rfi^
divinity, law civil,phyfick,philofophy, humanity, orof any of the tics, and for
liberal fciences, or publick or commbn interpreters or teachers thofe that pro-
of the Hebrew tongue, Cbaldee or Greeks in whatfoevcr college ?^. doftor*
or place of any of the faid univerfities the faid perfons for the ja^*^"pS^y.
time being (hall read the faid common or publick ledtures ; f^.^ ^ ^'
nor yet to any perfon or perfons after or above the age of xl.
years, which Ihall refort to any of the faid univerlitic^s to proceed
doctors in divinity, law civil or phyiick, for the time of their
laid proceedings, and executing of fuch fermons, difputations
or Icdhires, which they be bound by the ftatutes of the univer-
fities there to do for the faid degrees fo obtained,
CAP. XIV.
For prices of wines.
BE it enabled by authority of this prerent pariiament. That None (hall fctt
no perfon or perfons (ball fell any Gafcoin^ Guyen or French Gafcoign or
wines, above viij. i the gallon, that is to fay, a peny the pint, ^iSvTvUr d
two-pence the quart, four-pence the pottle, and eight-pence the the gallon,
gallon, upon pain of forfeiture for every pint to be fold above the 7 Ed. 6. c. 5.
laid price, iv» d. and for every quart fold above the faid price, f- "•
viij. d. and for every pottle fo fold above the faid price, xij. d. ^^j^^^^/by
and for pvery gallon fo fold above the faid price arore limited, ^^ j7c. i.e. aS.
j). s. (2) And that no malmefeys, romneys, facks nor other See iiCar. z.
meet wines (hall be fold by retail above xij. d. the gallon, vi. d. c. 15.
the pottle, iijj^ d. the quart, i. d.ob. the pint, upon pain tolofe
^nd forfeit iij. s. iv, d. for every gallon, xx^ d. tor every pottle,
xij. d. for every quart, andvi* d. for every pint that (haU be fold
contrary to this aft.
II. Provided alway. That the lord chancellor, lord treafurer, T^* ^{^?-^
lord prefident of the King's moft honourable council, lord privy ^^^^^^Ixiht
feal, and the two chief juftices of either bench, or five, four, fircffed by the
or three of them, (hall have power and authority by their dif- King't great
cretions to fet the prices of all kind of wines, that is to fay, of officers,
ifec prices of the butt, tun, pip:, hog(head, punfcheon, tierce, ^5'!'^'7;
Ff4 barrcP^"-'-^-''*
440 Anno viccfimo o£tavo Henrici VUI. f i 53C.
barrel or rundlet, when it (hall be fold in grofs, fo that they or
any of them caufe the prices by them fet, to be written^ and
open proclamation thereof to be made in the King's coun of
chancery openly in the term-time, or eUe in the city, boroagh
or town, where any fuch wines (hall be fold ingro($ ; anything
contained in this ad to the contrarjr hereof notwitfaftandii^.
The forfeiture m^ ji^^d it is further enadted. That if any perfon or perfbns,
whics in^grofs *^^^^ ^"^^ prices be fet and put in writing bv the faid lord chan-
contrary to the cellor, lord treafurer, lord prefident of the Kling's moft hcmour-
prices aflcffcd. able council, lord privy fcal, and the two chitf juftices, or by
iive, four or three of them, and proclamation thereof had (as
is aforefaid) do fell any wines in gro(s by any fraud or covin,
contrary to the faid prices fo fet and proclaimed; that then every
fuch offender in that behalf (hall lole and forfeit for every veU
fel by them fold in grofs contrary to the faid prices, xl. s, (2)
the one half of all which forfeitures to be to the King our fovc-
reign lord, and the other half thereof, if it be within any dty,
borough or town corporate, to be to the mayors, fherifFs, bailiffs
or other head rulers of fuch cities, boroughs or towns corpo-
rate i {3) and if it be without city^ borough or town corporate,
then to be to fuch of the King's fuWed^ as will fuc tor the
fame ; and that every fuch forfeiture (hall be recovered by origi-
nal .writ of debt, bill, plaint or information, in which fuit no wa-
j^er of law (hall be admitted, nor any protection or eflbin allowed.
I V^. And it is alfo ena<5lcd. That the jufticcs of peace in every
Jufticetof (hire of this realm, and all mayors, (herifFs, bailiffs and other
offioTrs^^^bo- "^^^ officers in cities, boroughs and towns corporate, that is to
roughs, &c. * fay» every of them within the limits of their commifTions and
fiiali enquire authorities, as well within franchifes as without, (hall have
ofand puiiifh power and authority to examine, hear, enquire and determine
offenders. ^Yie defaults of fuch as (hall attempt to fell any wines in groft
or by retail contrary to this afl, and to punifh the offenders by
imprifonment, pr otherwife, by their difcretions.
V. jfnd whereas in (he parliament holden at Weftminfter in the
firjlyear of the reign ^JT/ff^ Richard the Thirds among ether things^
it was ejiablijbed^ ordained and enalfedy That every tun ofwinejhouli
eontain cclij. gallons^ every ffutt of malmefey fhould contain cxxvj.
galknSy every tipe cxxw'i, ^alJofiSy every tertian or puncheon Ixxxiiij.
gallons^ every hog/head IxWy gallonu every tierce xlj. gallons andfii.
and every barrel xxxj. gallons and di. and every rund\t xviij.
galhns^ (2) and that no vejfel Jbould be put to fate till it
o/^^c^"*v"ir*l '^'^^^ i^*^^^^'* upon pain of forfeiture^ as by the fame Jlatute it deft
of wine^ and*^^ ^ppf^^^ w<?r^ at large, {-i) Neverthelefs^ great deceit is daily uftd
the itatute of infilling of ivines and oyts in cafks andveffets not bearing the centeKts
J R. 3. c. 13. (ih'ove limited^ to the great lofs of the Kin^spoorfubje^s : for remedy
ami other whcreof, it IS enadted by the authority or this prefent parliament,
toucring"thr 'I'l^at the faid (t?tute made in the firft year of King Richard the
lame, confirm- Third, ?nd all Other ftatutes heretofore made for true gauging
^'^- and meafuring of wines, oyls, honey or any other liquors, which
?SH.6. c. 17. eftatutcs afore this time be not repealed nor expired, (hall f^and
in their ftrcngth and virtue, and be put in due execution accoid-
ing to their tenors and cffcfts in every behalf.
VI. And
153^-1 Anno vicefimo o6tavo Henrici VIII. 441
VI. And over that be it cnafted by authority of this prefent Eycry vcflc! of
parliament, That every §auger within this realm (hall truly and ^"^ ^^' ^^^
effedlually, within the limits of his office, gauge all the faid^^5^j^|3
tuns^ butts, pipes, tier9es, puncheons, tertians, barrels, hogs- ed upon the "
heads and rundlets, and (hall plainly and truly mark upon 4ie headT
head of every fuch veflTel the content of the fame, (a) upon pain ^^^'J^' ^'^*
to forfeit to the party, to whofe ufe the wine, oyl or other thing *^ "'^' ^' *^"
therein being (hall be fold, four times the value of that that the
veflel fo marked ihall lack of his lawful content above written j
(3) the fame forfeiture to be recovered over and be(ide the cofts
ot the fuit, by the King's original writ, or by bill in any of the
King's .courts of his common laws, or in any competent court
having jurifdidlion in the place where that offence (hall be com-
mitted, by aclion or bill of debt ; in which adlion or fuit none
cflbin, prote^ion nor wager of law (hall be accepted, admitted
or allowed to the defendant or defendants : (j) and that every How he flull
merchant or other perfon felling the faid wine, oyl or other be recompeii*
things contained in the faid veflKl marked, (hall allow of the j"^ which
price thereof Jo tjie buyer of the fame, for every quantity of wine, fJJJ^f "*^*'
oyl or other thing contained in the &id marked veflel, the fbll
value of the lack thereof, being" by reafon of default of fbll
gauge of the veflel marked, or of default of filling of the fame
ve(lcl, or by reafon of default of any of them, after the rate of
the whole price of the wine, oyl or other thing fo being fold by
that veflel marked, and that upon pain of forrciture to the fame
buyer the double value of the fame veflel and wine, oyl or other
thing therein being fo fold ; the fame forfeiture to be recovered,
together with the cofts of the fuit, in manner and form as the
forfeiture laft before written is limited to be recovered.
CAR XV.
For pirates.
WHERE traytors^ pirates j thieves^ robbers^ murderers aud een^ Mod. cafet ia
federates upon thefea^ many times ejiaped unpunijbedy becau/e 'a^ 74-
the trial 0/ their offenees hath heretofore been ordered^ judged and <fc- 3 ^"**' ♦•* *"»
termined before the admiral^ or his lieutenant or commijfary^ after the jl^co. c?.
courfe of We civil laws^ (2) the nature whereof is^ that before any i RolL 175.
judgment of death can he given againjl the offenders^ either they nmji
plainly conftfs their ojpncts {which they will never do without tor^
ture or pains) or elje their offences be Jo plainly and dire^ly proved
by witnefs in£fferent^ juch as faw their offences committed^ which
cannot be gotten but ly chance at few timcs^ becaufe fuch offenders
commit their offences upon the fea^ and at mcJny times murder and
kill fuch perfons being in the Jhip or boat where they commit their oft
fences^ which Jbould witnefs againjl them in that behalf \ and alfo
fuch asjhould bear witnejs be commonly mariners and Jbipmen^ which y
becaufe of their often voyages andpaffages in thefeas^ depart without
long tarrying and protraction of time^ to the great cofls and charges
as well of the King^s highnefsj as fuck as would purfue fuch offenders :
(3) for reformation whereof, be it enafted by the authority of Trht of o«irn-
this prefent pariiament, That all treafons, felonies, robberies^ cet committed
murders upon the \t^,
44^ Aimo Ticcfimo ofhivo Henrici VIII* i^Si^
or within the murders aod confcdcraxries hereafter to be committed in or up-
^dl^'Son ^hiv ^'^ *^ ^^ ^ ^^ ^"y other haven, river, creek or place vrhcre
the King's ^^^ admiral or admirals have or prttend to have power, autho-
commimcm. rity or jurirdiftion, (hall be enquired, tried, heard, determined
Altered by 1 1 and judged, in fuch (hires and phces in the realm, as fhall
* ■^•3- ^•7' be limit^ by the King's commiffion or commiffions to be di-
Hob. iJJ!* reftcd for the fame, in like form and condition, as if any fuch
Dyer an! offence or offences had been committed or done in or upon the
fl }3« land ; (4) and fuch commiffions (hall be had under the King's
^reat feal, direSed to the admiral or admirals, or to his or their
Ceutenant, deputy and deputies, and to three or four fudi other
' fubftantial perfons, as (hall be named or appointed by xht lord
chancellor of Engktid for the time being, from time to time,
and as oft as need (hall require, to hear aild detenntne fudi
offences after the common courfe of the laws of this realm, ufed
for treaibns, felonies, murders, robberies and confederacies of
the fame, done and committed upon the land virithin this realm.
The commif- ^* And be it enabled by the authority aforefaid. That fuch
fioners aatbo- perfons to whom fuch commiflion or commifllons (hall be di-
rity. reded, or four of them at the leaft, Ihali have full power and
I Leon. 106, authority to enquire of fuch offences, and of every of them, by
i^Mftr. it ^^ oaths of twelve good and lawful inhabitants in the flilre
^^. * ' limited in their commilTion, in fuch like manner and form, as
if fuch offences bad been committed upon the land within the
fame (hire ; (2) and that every indictment, found and prefent-
ed before fuch commi(fioners, of any treafons, felonies, robbe-
ries, murders, manflaughters, or fuch otlier offences, being
committed or done in or upon the feas, or in or upon any other
haven, river or creek, (hall be good and effedhisu in the law ;
(3) and if any perfon or perfons happen to be indi<5ted for any
luch offence oone or hereafter to be done upon the feas, or in
anv other place above limited, that then fuch order, procefs,
judgment and execution (hall be ufed, had, done and made, to
and againft every fuch perfon and perfons fo being indi<5ted, as
againft traytors, felons and murderers, for treafon, felony, rob*
bery, murder or other fuch offences done upon the land, as by
fhe laws of this realm is accuftomed \ {l) and that the trial oif
fuch offence or offences, if it be denied by the offender or of-
fenders, O^^I be had by twelve lawful men mhabited in the (hire
limited within fuch commiflion, which (hall be direded as is
aforefaid, and no challenge or challenges to be had for the bun-
The pnnilh* dred ; (5} j^nd fuch as (hall be convict of any fuch offence or
ment of of&a- offences, by verdid, confcffion pr procefs, by authority of any
**Vllc s ^^^^ commiffion, (hall havij and fuffer fuch pains of deatK,
po.\it.39'i. a. '^^® ®f lands, goods and chattels, as if they had been attainted
' ^ ' ' ^^d conviifled of ai^y treafon$, felonies, robberies, or other the
faid offences doqe upon the lands. ^
Moor 756. ni. And be it pna<£ted by authority aforefaid, That for trea-r
fl, 1944. fons, rpbbejries, felonies, murders and confederacies done upon
%\ic fea or feas, or in any place above rebearfedj the offenders
fliall not be admitted to bav? the benefit pf his gt ^cir clergy,
iv but
'5^*3 Ahqo iwe&no oRwo Hevjlici VIII. 443
but be uttariy axcluded thereof and from tlie iknie, aad adfo of
t}\e privfl^ of any ianduary.
IV. Provided alway. That this ad extend not to be prejudi- Taking of
cial or hurtful to any perfon or perfon^ for taking any victual, things that
cables, ropes, anchors or &Us, which any fuch perfon or per- "«y ^ Spared
fons (coxtif>eUad by neceffity) tafccth of or in any (hip which "'^Jid^^^"
may convenieintly -^ve the iame, fo the fame perfon or per- for*i«nu^*"*^
fons jMiy out of hand fcnr the fame ^6lual, cables, ropcs^ an-
chors *or fails, money or money-worth, to the value of the
thing fo taken, or do deliver for the iame a fuf&cient bill ob-
l^atory to be ;paid 4a foroi following, that is to ftv, if the tak-
ing of the £ime things be on this fide the Ihraits ofMarrohj then
to be juid within four months, and if it be beyond the faid ftraits ^
oi Afarrokey then to be paid within twjelve months next enfuing
the jnafcipg of fuch biUs, and that the makers of ^ch bills well
and tndy j)ay the fame debt at the day to be limited within the
faid bills. .. y
V. Provided dway, Tliat whenfoever any fuch commiiCon CommiHionf
for the puniihrnent of the offences aforeiaid, or of any of them, direaed into
fhall be dAre<5led or fent to any place within the jurifdidlion ol^^y^"^^
the five ports, that then every fuch commiffion ihall be diredl- "^^^ *^ ^"^
ed unto the lord warden of the iaid ports for the time be- ^
iog, or to his deputy, and iiolx) three or four fuch other per-
fon or perions 'as the lord chancellor for the time being maU
nanxe and appoint i any thing in this prefent aA to the contra-
ry notwkhft«nding. ^
VL Provided alway. That whenfoever any commiifion (hall 17 h. s. c. 4.
be direAed unto the live ports for the inquiution and trials of iGeo.i.ftat.»«
any the offences exprefled in this a6t, that every fuch inquifition ^-^
and trial to be had by virtue of fuch commiiEon, fliall be made Jg^' lie! ill
and had by the inhdbitaats in the fiud five ports, or the mem- 28. * ' ' ^
bers of the fame \ any thiog in this ad to the contrary thereof
notwithftanding.
CAP. XVI.
A prtnHJfM for difpenfations and licences bereiafcre obtained
from the fee ofKovnt.
WHERE the bljhop ^/Rome and hh predeceffor^ of his and
their m^etous and ambitious minds^ to the intent to advance
and enrich themfehes and the fee ^Rome, to the great impoverijh^
ing of this realm ^England, and other the King's dominions^ con-
trary to God's laws^ the laws and Jlatutes of this realm ^ and in de-
rogation of the imperial crown of this faid rcalm^ have heretofore ^ r^u, ^j,^
wrongfully pretended^ extorted^ ufed and exercifed zvithin the fame
divers and many ufurped powers^ jurifdi^fions and authorities^ durlig
end by the which time the faid bijhop and his predecefjhrs arrogantly
and unjuftly have taken upon them^ for great fums of money ^ and other
profits to them given^ to grant unto the King's fubje^fs^ and other in-
habitants within this realm and other the Kings dominions^ many^ di-
vers and fundry authorities^ immunities^ facidtieSy privileges ^ licences ^
indulgences and prcheminpnces of divers iinds^ natures and qualitirs^
{%)%vhich^
444 Anno viccfimo ofbivo Henrici VIII. [ 1 53^.
Kcleaieof fucb (2) which^ although they proceeded by an unjuft and ufurped anth-
vhohaye ob- ^^^^ /j^^ ^^g„ ^i// „^^ ^y ^^^^ ^ /^^ fubje^s of this reabn^ tim^
from thcfcc^ ^^/^ ^"^ ignorant fy accepted, received^ ufed, and errmemijly pa in
cf Rome. exercife and execution ; {z) the which ufurped authority y jurij3i£lim
and power is nowjujily, trufy^ and ought to he clearly and ahfoktely
e'xtinguijbedy extirped and t^oUJbedy within this realm and 9ther the
lGng*s dominions ; (4) andforafinuch as all and every fiuh perfon
and perfonSy bodies politick and corporate^ which unlawfulfyy md
without any manner of authority orjuji ground^ heretofore have timo^
roujly and ignorantly accepted, received, ufed and erroneouffy pat in
execution, and exercifed the fend faculties, immunities, authorities,
privileges, licences, indulgences ana preheminences, have now fmcere,
pure andperfeSi intelligence and knowledge of thefaid ufurped autho^
rity, jurtfdi£fon and power-, and that the faid faculties, cuetborities,
privileges, licences and indulgences, fo as is aforefaid accepted, reaw-
ed, ufed and erroneoufly exercifed, were and been to all intents and
purpofes clearly void, frujlrate and of none effeSl ; albeit^ if thy
fhould be impeached or interrupted offuch privileges, liberties, prehe-
minences, authorities, jurifdi^ons, profits and other eomnudities,
which they now have, ufe and excercife, by colour of fueh vain and
void licences, difpenfations and faculties, it Jhould be to their intole-
rable inquietations and utter undoing.
M Inills and II. Wherefore be it enafted by authority of this prefent par-
difpenfations liament, That all bulls, breves, faculties and difpenfations, of
from the bi- ^j^jjt names, natures or Qualities foever they be of, heretofore
Rome'to^any ^^^ ^^ obtained of the bimop of Rome, or any of his predecef^
fQbie£hof this fors, or by the authority of the fee of Rome, by or to any fub-
realra (hal) be je<5Vs, refiants, or bodies politick or corporate, of or in this
^^Roil realm, orof or in any other the King's dominions, (hall fiom
* ' '*• henceforth be clearly void and of no value, force, ftrength nor
virtue ; (2) and (hall never hereafter be ufed, admitted, allow-
td, pleaded or alledged in any places or courts of this realm, or
of any other the King's dommions^ upon the pains contained
in the ftatute of provifion and premunupe, made in the fixteenth
year of the reign of King Richard the Second : (3) yet notwith-
(hndin|, at the mq& humble petition and intercedion of the
lords fpiritual and temporal, and the commons in this prefent
parliament aflembled, it'may pleafe the King's majpfly of his
moft gracious benignity, goodn^fs and blefled diifpofition, that
A confirma- it may be ena£te4 bv authority of this p^u-Iiament^ That all
tjon of former marriages had and fofemnized within this realm, or in any other
lawful qaarri- jj|c King's dominions, before thie third day of November in the
'***• twenty fixth yejir of the King> moft gracious rpim^ whereof
there is jio divoripe or feparation had by the ecclefiaftical laws of
this realm, apd which marriae^s be not prohibited by God's
laws, limited aqd declared in this ad made in this prefent parli*
ament for the eftablifhm^nt of the King's fucceflion, or other-
wife by holy fcripture, (hal) be by authority of this prefent
parliament good, lawful and effectual, and (nail be from the
beginning offuch marriages reputed, efteemed, taken, adjudg-
pd, received, approved apd allowed, by th? authority of thf^
prefent
1 53^* J Anno vicefimo o£bavo Henrici VIII. 445
prefent parliament, to all and fingular purpofes, effects and in-
tents, a9 good, as fufficient, and as available, as though no im-
pediment of mitrimony had ever been between them that have
contra6ted and folemnized fuch marriages; (4) and that all
children procreated and to be procreated in and under fuch
marriages, (hall be lawful to all intents and purpofes,
III, And that it may be alfo enaAed by the authority of this A confirma*
prefent parliament. That all archbifliops and bifliops of this tionofali
realm, or of any the King's dominions, confecrated, and at ^Jl]?^-?*^
this prefent time taken and reputed for archbifliops and bifliops, ^^ tbci?aiii-
may by authority of this prelent parliament, and not by virtue thority, and*
of any provifion or other foreign authority, licence, faculty or other ccdefi-
difpenfation, keep, enjoy and retain their archbifliopricks and *^ j*Lj*"*"*
bifhopricks, in as large and ample manner, as if they had been <*dcn.
promoted, elected, confirmed and confecrated according to the
due courfe of the laws of this realm ; (2) and that every arch-
bidiop and bifliop of this .realm, and ot other the King's domi-
nions, may miniiler, ufe and exercife all and every thing and
things pertaining to the office or order of an archbifliop and
b'i(hop, with all tokens, en£gns and ceremonies thereunto law-
fully belonging.
IV. And that all ecclefiaftical perfons of the King's realm
and dominions, which at this time be taken, had and reputed
for abbots, priors, abbefles, priorefles, and other heads of re-
ligion, (which be not, neither fliall be excluded from their dig-
nities by the late zA of fuppreffion) and the religious perfons
living under their obedience, and all perfons now taken and
reputed as mailers, prefidents, provofts and wardens of cathe-
dral churches and colleges, with the companies and fellow-
(hips of the fame, all priefts and clerks which have received
any of the ecdefiaftical orders, all archdeacons and deans, and
other having offices, cures and dignities fpiritual, may by au-
thority of this a6t, and not by the virtue of anv foreign power
or authority, adminifter, ufe and exercife all tnings pertaining
to their dignities, offices, orders, cures, religions and fellow-
lliips, and mav lawfully hereafter ufe all tokens, enfigns and
ceremonies, wnich they have been accuftomed to ufe in times
paft, fo it be not exprefly againft the laws of God and this
realm ; any thin^ or things contained in any ad or a6b made
fithen the beginmng of this prefent parliament to the contrary
of any of the premifles in any wife notwithflanding.
V. Jnd where divers and many of the King^s faid fubje£fs have
purchafed and obtained many difpenfattons^ hulls , breves and facukies
of the bijbop of 'S.omt for the time beings or by authority of the fee of
Kome, as pluralities,, unions^ trialties^ appropriations^ commendamsy
exemptions and other bulls^ breves and faculties^ for Avers caufes and
matters J other than be afore expreffed, which (e of no ftrength or
virtue: (2) it may therefore pleafethe King*s majeJily, that it
may be enaded by authority aforefaid. That all and every his
faid fubjeds, dunng the time of one whole year next after the
feall of St. Michael uie archangel next coming, may enjoy, ufe
and
44^
contencs of
faculties, &c.
porchaiedof
the Ac of
Rome, whidi
be allowable,
lhaU.be con*
finned under
the great feai.
Dyer, «3j,
345*35**
Repeated bf
iSctVh.&M
c. S. and re-
vived by ȣ1.
«. 1*
L
Rep. 1 Ed. 6.
Anno vfcefimo oaavo BTenrict VIII. [r536.
and have, by auAority of this orefent aA> and not by the inr*
tue of the faid bulls, breves and faculties, all and* every the cf-
fefts contained and fpedficd in fiich bulls, breves and tacuhics^
in all fiich cafes only a»may be difpenfed with by the archbifliop
of Canterbury^ by authority of the laws and ftatutes of this
realm.
VI. And that it may be further enadted by authority afbfc&id.
That all and every the King's faid fiibjedh, bringing, rcndring
and delivering to fiich prions of his council, or of the maficrs
of his chancery, as the Ring's highnefs (hall name and appoint,
any buUs, breves, or any other faculties concerning any the
prtmifles, chat then, if it fhall appear to fuch peribns as the
kine's highnefs (hall fo name and appoint to receive fuch bulls,
fiiculties and breves, after due examination thereof had, that
the dStSts contained and fpedfied in fuch bulls, faculties and
breves, or any part thereof, may be lawfully granted by the faid
archbiffiop of Canterhuryj by authority of the laws and ftatutes
of this realm ; that then and in every fuch cafe the King^s faid
fubjeds making humble fuit to have the eifeAs contained in die
faid bulk, breves and faculties to be granted unto them, fhall
have, receive and obtain of the chancellor of England, or keeper
of the great (eal for the time bein^, by iufBcient writing in due
form to be made, and to be feated under the King's great feal,
all and every fuch efieds contained and fpeciikd in fiicfa bulls,
breves and racuhies, as may be lawfuUy granted by the bad
archbifhop of Canterbury, by authority of the laws and fbtutes
of this realm, (2) paying only for fealing of every fuch writing
XX s. iv. d. and over that, for the reafonable cods for pains of
the writing thereof, iij. s. iv. d. and not above ; and for the
pain taken for due examination of every fuch buth, breves and
faculties, iij. s. iv. d. and not above. (3) And that this prefent
a6l (hall be fuflicient and immediate warrant to the chancellor
or keeper of the great fcal, for enfcaling and delivery of fuch
licences, faculties, difpenfations and other writings, which
fhall be made, granted and feakd under the King's great feal,
by virtue and authority of this aft.
VII. And it is alfo cnafted by authority aforcfaid, That all
and every fuch licence, difpenfation, faculty, confimation or
other writing, to be had, made or granted under the KingV
great feal out of the faid court of chancery by authority of this
aA, in form as is above rehearfed, (hall be good and efre<fhiai
to the faid parties fuine for the fame, according to the tenor
and efft&s thereof, and ihall be admitted^ accepted arid allowed
in all courts and phces of this realm, and in all other the King's
. dominions j any ufagc, prcfcription, foreign laws, euftoais or
ordinance to the contrary thereof notwithltandingv
CAP. xvn.
Any inheritabrc to the crown (to be limited by King Hen. VIII, )
after his agejof xxiv. years, may repeal fuoh ftatutes as wejre
made in lus time beforo that age^
a CAP.
- *
i539«l Anno triccfimo primo H£NRICJ VIII. 447
CAP. XVIII.
It (hall be high treafon for any man to efpoufe, niarrv or take to 4 init 361.
his wife, any of the King's children beins lawfully, bom, or Rep. lEd. 6.
otherwife commonly reputed for his children, or any of the «^*"'
King's fifters, or aunts of the part of the father, or any of '^**"''**^''
the hwfiil children of the King's brethren or fifters, or to
contraA matrimony with any of them, without the. King's
licence iirft had i^Mcr the great feal, or to deflower anv of
them being unmarried : and the woman fo offending fhall
incur the like danger.
Statutes made at Wefimin/ier^Armo 3 1 Hen. VIII.
znd Anno Dom. 1539.
HENRY she Eight K by the grace of God King of Eng-
land^ and of France, defender of $be faiths lord of
Ireland, and in earibfupreme head immediatefy under Chrift
of the eburcb ^f Englaod, to the honour of Almightx God^
confervation of the true doiirine of ChriJ^s retigiony andfeir
the emcordy auief and wealth of this his realm^ andftdjeSs
of thefamey %eld his moft high court of parliament, begun
at Wcftminfber the twenty-eighth day of April and there
coniimed till the twenty-eighth day ^ June, the one and
thirtieth year of his moft noble and vicarious reignj wherein
were eJlabUJhed tbefe ails following.
CAP. I.
For joint tenants" and tenants in commtm.
FORASMUCH as by tbe ccmmen laws of this realm divers ^GodboltS4,
the Xin^sfubjeps^ being feifed ofmanofsy kndSy tenements d«/ pj- 97- .
hereditamentSt as joint tenants^ or as tenants in tommen with others ^^^ incon-
of any eflate of inheritance^ in their own right j or in tbe right ?i^fit^gb"^owI
their wivesy by pwrchafey defcent or otherwifiy and every of them fo ing lands
being joint tenants^ or tenants in common j have like rights title^ intere/l jointly, or in
andpoffeffun in the fame manors^ lands ^ tenements and hereditaments^ ^^^^^^^^^
for their parts or portions mntfy or in common undividedly together J^iJJI^. ioJ.^b.
with other ; (2) and none of them by the law doth or may know their 21 1. b.
feveral parts or portions in the fame^ or that that is his or their Sy by
itfelf undhndedy and cannot by the laws of this reabn otherwife occupy
or take the profits of the fame, or make any feveranccy divifion or par^
tition thereof y without either of their mutual affents and confents \ (3)
by reafon whereof divers and many of them y being fo jointly and un--
dividedly feifed of the f aid manor Sy lands y tenements and hereditamentSy
oftentimes of their perverfcy covetosis and malicious minds and wHlsy
again/I all rightyjujlicfy equity and good confcienccy by ftrength and
pyWCTy not only cut and fallen down all the woods and trees graving
up^n
448 Anno tricefinio primo Henrici VIIL [i 539.
upon the fanUy hut alfo have exttrpedy fubveried^ pulled down mi
deftrejed aU the houjesy edifices and huildings^ rwadowsy paflureSy
c^mmcMSf and the whole cmmcdities of tbefame^ and have taken and
converted them to their own ufes and behoofs ^ to the open wrong and
I dijberi/ony and agcanfl the minds and wills of other holding tbejame
manors J kmdsj tenements and hereditaments fsintfy or in common with
_ . ^ ^ . tbem^ and they have been always without aJjTured remedy for thefimie:
^?t«II^ 11. Be it thcreforecnaacd by the King our moft dread fovcreiga
in ecMnmon lord, and by the aflent of the lords fpintual and temporal, and
are compel- by the commons^ in this prefent parliament ailembled. That
lable tom^e ^ JQjnt tenants and tenants in common, that now be, or hc-e-
^J!|^^ ^ after (hall be, of any eftate or cftates of inheritance in their own
Sxtended to rights, or in the nght of their wives, of any manors, lands,
joint tenants* tenements or hereditaments within this realm of England^ fydlesy
Ac. for life or or the marches of the fame, (hall and may be coaded and com-
^»1a S c. 5» pcUcd, by virtue of this prefent aft, to make partition between
iV?9 w/s? ' ^ni of all fuch manors, lands, tenements and hereditaments,
c.3U7An.c 18. as they now hold, or hereafter (hall hold as joint tenants or
Co. pi. *"• 4«o- tenants in common, by writ De participationefacienday in that
5vc°*^i«**' "'^ to be devifed in the King our fovereign lord's court of
XloJh.^ ' chancery, in like manner anU form as coparceners by the com-
Bro*. Futit. mon laws of this realm have been and are compellable to do,
35, 4t. and the fame writ to be purfued at the common law.
f Bulft!^??'' III. Provided alway, and be it enaded. That every of the
Every of the ^^^ P^^^ tenants or tenants in common, and their hetrs, after
joint tenanu fuch partition made, (hall and may have aid of the other or of
and tenants their heirs, to the intent to derelgn the warranty paramount,
AalTh T^aid ^^ recover for the rate, as is ufed between coparceners af-
of the other, ter partition made by the order of the common law; any thin^^
Hob. 179. ' in this aft contained to the contrary notwithftanding.
CAP. 11.
jin aSltbatfifhing in any feveral pond^ or mote^ with an in-
tent tojiealfift) out oftbefamey is felony.
All fiftiing TX/HEREAS divers and many of the lords^ knights j efpares,
with nets, &c. V V gentlemen^ and other the King^sfuhjeSis within this his realm^
with intent to at their great cofts and charges have caufed to be made toithin their
nfffht or"^^*-^^^^ ^rwisriy many ponds^ Jiews and moteSy andjlored them with
bilaking the divers kinds offijbesy as pikes ^ bremesy carpSy tenches and other fijbesy
hcadof apond whereof they have thought to have had great commonly, as well for
to takefiih, thepleafure of their friendsy as for their own commodity and profit to-
^^^J^^J' wards the neceffary finding of their houfeSy divers and many light and
I ^V! c. t». unreafonabk perfons of this realmy being of no good rule nor hmejiyy
X M. fcir. i. ' little or nothing regarding Gody the fear of their fovereign lard the
c I. Kinf^s highnefsy nor his lawSy have not only fijhed the fold pondsy
J^%^^^^^^ jfltws and motes^ as well by night as by dayy with netSy hooksy and
any poni,"* *^'^^ of divers fortSy but alfo with great number of mifruled perfim
ftew or mote, have entered into fuch grounds y and there with great violence have
in the day- broken Up the heads of the fame ponds^ flews and moteSy and dejir^ed
ThTownlr^."' tfwrf taken thefift) of the faid ponds yjlews and moteSy to the great dif
pleafures
^539^1 Anno tricefimo primo JHenrici VIIL 449
pkajures and kjfes of the owners of the faid ponds^ Ji'ews and motes^ confcnt,js
and contrary to all good reafon^ right and confcience. Wherefore be threc^months
it enadted by the King our fovereign lord, with the aflent of *^§"ftertt" *
the lords fpiritual and temporal, and the commons, in this pre- findfurety foe
fent parliament aflembled, and by the authority of the fame. That his good
as well all manner of filhings with any nets, hooks or baits, of ^u^*" j^u
"what kind foever they be, in any feveral pond, ftew or mote, . ^rc. %u
with an intent to fteal fi(h out of the fame, done or committed
at anytime after the feaft of the nativity of ^\.,'John Baptijl
next coming, that is to fay. In the one ana thirtieth year of th«
reign of our faid fovereign lord, from the hour of fix in the
eventide, unto the hour of fix in the morning, againft the wills
and minds of the owners or poflcflioners of fuch ponds, ftews
or motes', as alfo the unlawful breaking up of the head of any
feveral pond, ftew or mote, by day or by night, after the faid
feaft, without colour of title fo to do, whereby any fifli of the
fame pond, ftew or mote, is taken or deftroyed, againft the will
or mind of the owner or poflfcflioner of the fame, be to all intents
deemed, taken and adjudged felony ; and that thofc perfons fo Tkis claufete
offending fliall have and fuffer all fuch pains of death and ''^P"***^**y
puniftiments, as other felons ought to have and fuffer for felony \* •«•*«•
by the courfe of the laws of this realm.
II. And alfo be it further enabled by the authority aforefaid.
That if any fuch evil difpofed perfons, after the feaft before
limited, do fifli in the day-time, at any other time than is before
rehearfed, in any fuch feveral ponds, ftews or motes, with any
manner of nets, hooks or baits, as is aforefaid, what kind foever
they be of, againft the will, pleafure and mind of the owners or
poffeffors of the fame feveral ponds, ftews or motes, not having
any manner of colour of title fo to do, and thereof be lawfully
conviA at the fuit of our fovereign lord the King, or the party
grieved, that then the faid parties fo convidted (hall fuffer im-
prifonment by the fpace of three months, and after the faid iii
months expired, (hall find fufficient furety for his or their good
abearing, or elfe to remain ftill in prifon without bail or main-
prife, unto fuch time as he or they can find fuch furety.
CAP. TIL
An aR changing tbt cufiom of gavelkind.
THE King our fovereign lord, for divers confiderations his p** ?^u"*
Majefty moving, by authority of this his high court of maiTord
parliament, enadeth, ordaincth and eftablifhcth^ That as well Crumwel, and
all the lord(hips, manors, lands, tenements, woods, paftures, of others to
rents, fervices, reverfions, remainders, advowfons, dnd all other ^^« number of
whatfoever hereditaments, fet, lying and being within the county ji^^'^beine
of Kenty of the which Thomas Crumwel^ knight of the honourable within the
order of the garter, lord Crumwel of H^tmbledon^ lord privy feal, county of
Thomas Burgh knight, lord Btirghy George Broke knic:ht, lord ^^"^» ?"**
Cobham^ Andrew JVindfor knight, lord fVindfor^ Thomas Cheine f^n^J, J^all
knight, treafurer of our faid fovereign lord the King's moft hereafter de-
honourable houfhold, Chrijlopher Hales knight, maftcr of the fcend as lands
Vol. IV, G g rolls at the com-
mon law.
450 Anno triccfimo primo Henrici VIIL [1539.
rolls of our faid fovereign Lord's court of chancery, Thsmss
• fVdloughby kni^t, one or the judges of the Kin^s court of the
common place, Jnthony Saint/egerknighty Edward if^ottan knight,
Edward Bovetm knight, Roger CholmeUy knight, feijeant at law,
27tm Champneis knight, John Baker efquire, our faid fovereira
rd the King's general attorney, Reinold Scotte efquire, Jpm
Guldford efquire, Thomas Kempt elquire, Edward Thtuaitis efquire,
William Roper efquire, Anthony Sandes efquire, Edward tfaac
efquire, Percival Hart efquire, Edward Monjns efquire9 WuHcm
JVhetnel efquire, "John Fegge efquire, Edmund Fetyplace efquire,
Thomas Hardres efquire, William Waller efquire, Thomas Wylfcrd
efquire, Thomas Moik efquire, Thomas Hnrkkinden efquire, Gcf-^
frey Lee efquire, James Hales^ Henry Hujfee and Thomas Roidcn
gentlemen, or any of them, is or be feifed to his or their own
ufe or ufes in fee-fimple or in fee-tail, the which now been of
Eardrk 3S5. the tenure and nature of gavelkind, and heretofore have been
departed or be departible between heirs males by the cuftom of
gavelkind, (hall from henceforth be clearly changed from the
laid cuftom, tenure and nature of gavelkmd, and in no wife
hereafter be departed or departible by the faid cuftom of gavel-
kind between heirs males, but (hall remain, revert, abide, de-
fcend, come and be, after and according as lordftiips, manors,
lands, tenements and other hereditaments do or may defcend,
remain, revert, abide, come or be, according to the common bw
of this realm, and as other manors, lands and tenements being in
the faid county of Kent^ which never were holden by fervicc of
foccage,butbe and always have been holden by knights fervice,do
defcend, remain, revert, abide, come, and be; and in like manner
to defcend and be defcendible, remain, revert, come and be in-
heritable to the heir or heirs, after and accordiug to the laid com-
mon laws of this realm o( England. (2) And that all and fingu-
lar the faid lordfhips, manors, lands, tenements and other here-
ditaments, with the appurtenances, of the faid lord Crumu;€i\
lord Burgh^ lord Cobhamj lord Wind/ory Thomas Cheine^ Chriftopker
IhleSf nomas Willoughby^ Anthony Saintleger^ Edward Wottcr^
Edivard Lovetony Roger Cholmeleyy John Champneis^ yohn Bcker^
Reinold Seotte^ John Guldford^ Thomas Kempe^ Edward Thvaitiiy
William Rjopery Anthony Sandes, Edward Ifaacy Percival Hart,
Edward MonynSy William Whetnalyjohn Fogge^ Edmund Fetypbu^
Thomas HardreSy William Wallery Thomas Wylfordy Thomas Msih^
Thomas Harlakindeny Geffrey Leey James HaleSy Henry Hujfee and
Thomas Roidony or of any of them, and which before the mak-
ing of this aA have been of the faid nature and tenure of gavel-
kind in the faid county of Kenty (hall from henceforth be accepted,
taken, inherited, deemed, and adjudged to be, like as lordfliips,
manors, lands, tenements and other hereditaments at the com-
mon law of this realm, and in fuch manner and form, as if the
fame manors, lordfl^ips, lands, tenements and other heredita-
ments had never been of the faid nature of gavelkind ; any ufage
A favi-g of or cuftom in the faid county of Kent heretofore had, accepted
right«"&r ^^ "^^^» ^^ ^^^ contrary notwithftanding : (3) faving always,
* * • and refcrving to all and fingular pcrfons, other than the faid
lord
1 539-] Anno triccfimo primo UENRIct VlII, 451
lord Crumwel^ \ovd. Burghy lord Cobhamj lord Wind/or y Ttomas
Cheiniy Chriftopher Hales^ Thomas JVilloughbyy Anthony Saintleger^
Edward Wottont Edward Boveton, Roger Cholmeleyyjohn Champ-
neisj John Baker^ Reinold Scotte^ John Guldfordy Thomas Kempe,
Edward Thwaitisy ffVliam Roptr^ Anthony Sandes, Edward I/aac^
Percival Harty Edward MonynSy tf^tUiam tVhetnaly John Fogge^
Edmund Fetyplhdy Thomas HardreSy William Waller y nomas WyU
fordy Thomas Moile, Thomas Harlakindetfy Geffrey Leey James
Hales y Henry Huffee and Thomas Roidony or any of them, and to
every of them againft any other of them, all fuch right, title,
intereft and inheritance, as they or any of them had before the
making of this a6t, of, to or in any of the faid manors, lands^
tenements, woods, pafturcs, rents, fervices, reverfions, re-
mainders, advowfons, and other the premises, as if this prefent
adt had never been had nor made.
CAP. IV.
The mayor and bailiflTs of Exeter may break all wears and lets iti P !!•
the river of Exey and (hall pay to the owners and farmers of
(b much ground as they (hall dig, the rate of twenty years
purchafe, or fo much as (hall be adjudged by the juftices of
affife in the county of Devon*
CAP. V.
The manor of Hampton-Courty with divers lord(hips, lands and
tenements thereunto united^ (hall be called the Honour of
Hampton-Court \ (2) and the King (hall have therein a chafe^
and free chafe and warren for all beaft of venery and fowls
of warren, which (hall be called Hampton^ourt-Chafe i (3)
and all offenders in the fame (hall incur fuch penalties as the
like offenders do in any other foreft or chafe : and the faid
honour and chafe of Hampton-Courty and all the manors and
lands within the fame, Ihall be in the furvey and governance
of the court of augmentations. (4) The manor of Sbeppon
in the county of BeriSy made parcel of the duchy of Cornwat
in refpeA of the manors of Biflete and fVeibridgey by this a£k
taken from the (aid duchy*
CARVL
Religious perfons are enabled to fue and be fued. itelj^oUjl3itl.l<i. i4<
perfons deraigned (hall not fue for any former right detcended ExoJaincd bjr
unto them. Explained by 5 tf 6 Ed. 6. c. 13. Religious ""•*'*• *5*
perfons being priefts, or that have vowed religion at 21 years
of age, (hall not marry «
CAP. VIL
A continuance, until the laft day of the next parliament, of the » *!• ^' «*«
ftatutes of 22 H. 8- c. 12. 27 H. 8. c, 25. 22 H 8. r. 7.
26 H. 8. ۥ II. 25 H. 8. c. 6. 21 H 8. c. 10. 21 H. 8.
c. 12. 23 H 8. i. 17. 24 H. 8. f. 9. 23 H. 8. e. 3. 25 H. 8.
e. 9. 24 H. 8. i. 4. 23 H. 8 c. 2. 28 H. 8. e. 6> 8, 9,
«9QCcrning beggars^ CsTr.
G g i CAJ?i
4lnft' 361.
452 Anno tricefimo primo Henrici VnL [1539*
CAP. vin.
The King for the time being, with the advice of his councU,
or the more part of them, may fet forth proclamations under
<fuch penalties and pains as to him and them (hall feem necef-
fary, which (hall be obferved as though they were made by
ad of parliament ; but this (hall not be prejudicial to any
perfon's inheritance, offices, liberties, goods, chattels or life ;
34 H. 8. c. sj. smd whofoever (hall willingly offend any article contained in
REP. by I £d. the faid proclamations, (haU pay fuch foneitures, or be fo long
6. c. 11. imprifoned, as (hall be exprefled in the faid proclamations ;
and if any oiSending will depart the realm, to the intent
he will not anfwer his faid offence, he (hall be adjudged a
traitor.
CAP. IX.
Ph^& M c 8* ^^ *^ authorizing the King's highnefs to make bifhops by his
8 El. c. i! * letters patents.
CAP. X.
For placing of the lords.
FOrafmuch as in all great e&uncih and congregations rf men^ hav-
ing fundry degrees and offices in the commonwealth^ it is very
requijite and convenient that an order ftmdd he had and taken for the
How the \ox^% placing and fitting offiich perfons as been bounden to refort to tlnfame^
jjj R^**!^ to the intent that they^ knowing their place s^ may ufethefanu with-
ibaubepucea. ^^^ njpUafiire or let of the council ; (2) therefore the Kin^s moft
royal maieftyy although it appertaineth unto his prerogative royal to
givefuco honour J reputation and placing to his councellors^ and other
his Jiibje^Sj as Jball befeeming to his moft excellent wifdomj is ne-
verthelefs pleafed and content ed^ for an order to be had and taken in
this his moft high court of parliament^ that it ftkill be enacted by
authority of the fame^ in manner and form as hereafter foUoioesL
None (hall fit II. Firft, it is enadled by authority aforcfaid, That no per-
®" t*^^7 ^i?*r ft>n or perfon, of what eftate, degree or condition foever he or
•ttltel *«y ^ ^f» (except only the King's children) (hall at any time
hereafter attempt or prefume to fit or have place at any fide of
the cloth of eftate in the parliament chamber, neither ot the one
hand of the King's highnefs, nor of the other, whether the
King's majefty be there perfonally prefent or abfent. (2) Jni
forafmuch as the Kin^s majejiy is luftly and lawfully fupreme head
in earthy under Godj of the church of England, and for the gccd
exercije of the faid mojl royal dignity andoffice^ hath made Thomas
krd Crumwel and lord privy fealy his vicegerent^ for good and due
miniftration of juftice to be had in all caufes and cafes touching the ec-
cleftajlicaljurifdi^iony and for the godly reformation and redrefs of all
The King's errors^ herejies andabufes in the faid church : (3) It is therefore al-
viccgerent in fa enabled by authority aforcfaid. That the (aid lord CrumweU
•^^^^ifti'd? having the (aid office of vicegerent, and all other perfons which
)ur 1 ion. i^^YtmcT (liall have the faid office of the grant of the King's
highnefs, his heirs or fucce(rors, Ihall fit and be placed, as well
in this prefent parliament, as in all parliaments to be holden
hereaftv, on the right fide of the parliament chamber, and up-
on
^539-1 Anno triccfimo primo Henrici VIIL 453
on the fame fonn that the archbiftiop of Canterbury fittcth on,
and above the fame archbiftiop and his fuccefTors, and fhall have
voice in every parliament to aflent or diflent, as other the lords
of the parliament.
III. And it is alfo enafted, That next to the (aid vicegerent How the bi-
fhall fit the archbiftiop of Canterbury i and then next to him, on pj^^jfl^^^
the fame form and fide, ftiall fit the archbiftiop of Teri; and parliament
next to him, on the fame form and fide^ the biftiop of London-, houfe.
and next to him, on the fame fide and form, the biftiop ofDwr-
bam ; and next to him, on the fame fide and form, the biftiop
of fyinehejier \ and then all the other biftiops of both provinces
of Canterbury and Tork ftiall fit and be placed on the fame fide
after tJieir ancienties, as it hath been accuftomed.
IV, jfnd forafmuch as fuch ether ferfonageSy which now have^ The lord
and hereafter Jball happen to have other great offices of the realm^ chancellor,
that is to fay y the offices of the lord chancellor ^ the lord treafurer^ the ^^^^ °^
lord prefident of the King's moft honourable council, the lord privy councn"and
feal, the great chamberlain of Engird, the conjlable of England, loid privy fcal.
the lord marjbal ^Englandf, the lord admiral, the grand majler or
lordflewardof the King's mhfi honourable houjhold, the King's cham-
berlain, and the King's fecretary, have not heretofore been appoint-
ed and ordered for the placing and fitting in the King's moft high
court of parliament by reafon of their offices: (a) It is therefore
now ordained and cna<5led by the authority atorefaid. That the
lord chancellor, the lord treafiirer, the lord prefident of the
King's council, and the lord privy feal, being of the degree of
barons of parliament, or above, fliall fit and be placed, as vrell
in this prefent parliament as in all other parliaments hereafter to
be holden, on the left fide of the faid parliament chamber, on
the higher part of the form of the fame fide, above all dukes,
except only fuch as ftiall happen to be tlie King's fon, the King's
brother, the King's uncle, the King's nephew, or the King's
brothers or fillers fons,
Vp And it is alfo ordained and enafted by authority aforcfaid. The rrcat
That the great chamberlain, the conftablc, the marftial, the chambcrlaiii,
lord admiral, the great matter or lord fteward, and the King's mrrfhai, ad-
chamberlain, ftiall fit and be placed after the lord privy feal, in miral.fteward,
manner and form following ; that is to fay, every of them ftiall &c.
, fit and be placed above all other perfonages being of the fame ^^ » ^^^; '•
states or degrees that thev ftiall happen to be of, that is to fay, ^'" ^^''^^
the great chamberlain nrft, the conftable next, the marftial
third, the lord admiral the fourth, the grand matter or lord
tteward, the fifth, and the King's chamberlain the fixth.
VL And it is alfo enaded by authority aforcfaid. That the The King*s
King's chief fecretary, being of the degree of a baron of the chief fccrc-
parliament, ftiall fit and be placed afore and above all barons, ****/•
not having any of the offices above mentioned ; (2) and if he
be a biftiop, that then he fliall fit and be placed above all other
biftiops not having any of the offices aboVe remembered.
VII. And it is alfo ordained and enafted by authority afore- Dukes, mar-
faid, That all dukes not aforementioned, marqueflTes, earls, queffes,earlii
G g 3 vifcounts
454 Anno triccfimo primo Henrici VIII. [^539*
v'ticountt, bi- vifcounts and barons, not having any of the offices aforefiud,
^^*' (hall fit and be placed after their ancienty, as it hath been ac-^
cuftomed.
The place of VIII. And it is further cna<fted, That if any perfon or per-
great officers fons» which at any time hereafter (hall happen to have amy of
^»»^««* the de- the faid offices of lord chancellor, lord treafurer, lord prefident
jrccofbaroM. ^f ^^ Ki^>5 council, lord privy feal, or chief fecrctary, (haU
be under the degree of a baron of the parliament, by reafon
vrhereof they can have no intereft to give any aflent or diHent
in the faid houfe, that then in every fuch cafe, fuch of them as
{hall happen to be under the faid degree of a baron, (hall (it
and be placed at the uppermoft part of the facks, in the midft of
the faid parliament chamber, either there to fit upon one form,
or upon the uppermoft fack, the one of them above the other,
in order asls above-rehearfed,
fl«ces intrialy IX. Be it alfo enadedby authoritv aforefaid. That in all
by peers. trials of treafons by peers of this realm, if any of the peers
^hat (hall be called hereafter to be triours of fuch treafons,
(hall happen to have any of the offices aforefaid, that then they,
having luch offices, (hall (it and be placed according to their
offices, above all the other peers that (hall be called to fuch
trials, in manner and form as is above mentioned and re-
hearfed.
Facm in the X. And it is alfo ena^ed by authority aforefaid. That as
^*d^!th"'*S^ well in aH parliaments, as in the (lar-chamber, and in all other
fcmbticf!'^ " ^fl^ttiWies and conferences of council, the lord chancellor,
' ' the lord treafuer, the lord prefident, the lord privy leal, tiie
great chamberlain, the conftable, the mar(hal, the lord admi-
ral, the grand mafter or lord fteward, the King's chamberlain,
and the King's chief fecretary, (hall fit and be placed in fuch
order and fafhion as is above rehearfed, and not in any other
place, by authority of this prefent a<5l.
CAP. XI.
The authority given to the King by the (latute* of 28 H. c. 3. to
allot the towns in WaUsy continued for three years.
;cAP. XII.
It (hall be felony to take, in the King's ground, any egg or Wri
of any faulcon, go(hawk or laner, out of the neft ; or to (ind
or take up any laulcon, jerfaulcon. Jerkin, facer or facerit,
golhawk,' laricr or lancrite, of the lUng's, and having on it
the King's ixmi and verviles, and do not within twelve days
bring or fend the fame Vo the mafter of the King's hawks, or
to one of his faulconersi or t6 the chief of the (hire ; (2) or
between the rifing of the fun, and (etting of the fame, with
his face Jiid or covered with hood or vifert, or painted, or
difguifed^ to the intent he would not be known, to enter in-
to anyTore/V, chafe or park of the King's, Queen's, prince's,
or any of the King'* children, or into any other ground of
WP. I Ed. 6. either of theirs inclofed with wall or pale, ordained for the
c. i«. keeping of deer, to the intent to fteal any of thenj, or to drive
' • any
w
^539*1 Anno tricefimo primo Henrici VIIL 455
any of them forth of the fame foreft, iffc. or in or at any 3 & 4 Ed. 6.
time of the day, M-ith his face hid or difguifed, to kill any ^' '7. /Ed. 6,
conies or rabbits within any ground, being the lawful warren ^m '^fl- ,
of the King's, iffc. in or within any of his or their parks ; c. |.* * '
or In the night to enter into any park, chafe or foreft of the
. King's, £fff. to the intent to fteal any deer, qx into his of
their warren to kill and fteal any conies,
CAP. XIII,
jln all for diffhlution of monafieries and ahhies.
'HERE divers andfimdry abbots^ prior Sy abbejfei^ prior effis How Ifafet
and other ecckftajlical governors and governejfes of divers mo- made of ma-
nafterieSy abbathies, priories ^ nunneries^ colleges^ hofpitals^ houfes?^^^^^^%'
ef friars and other religious and eccUfiaJlical houfes and pkces within tcncs^dSroU
this ourfcvereign lord the Kin^s realm of England and Wales, ^ved, and af-
ibeir own free and voluntary minds j good wills and ajfents^ without furcd to the
conflrainty coaSion or compulfton of any manner of perfon or perfonSy ^{"^l^l^*
fithen the fourth day of February the twenty-feventh year ^ the ^ BulftTiV*.
reign of our now mojt dread fovereign krd^ ly the due order and " '
^our/e of the common laws of this his realm ^England, and by their
fufficient writings of record^ under their covent and common feals^
have fever ally given^ granted^ and by the fame their writings feve-.
rally confirmed all their f aid monafieries^ abbathies^ priories ^ nunncr
riesy colleges y hofpitalsy houfes of friars and other religious and ecr
cleftaftical houfes andplaceSy and ail their files y circuits and precin^s
oj the fame y and all and» fingular their manors, krdjhips granges^
meafesy lands, tenementSy meadowSy pafiuresy rents, reverfions, fer^
vicesy woods y titheSy penfionSy portions, churches y chapels, advozvjons,
patronages, annuities, rights, entries, conditions, commons, leets,
courts, liberties, privileges and franchifes, appertaining or in any
wife belonging toany fuchmonafiery, abbathy, priory y nunneryy college,
hofpitaly houfe of friars and other religious and ecclefiafiical houfes
and placeSy or to any of themy by whatfoever name or corporation
they or any of them were then named or called, and of what order ^
habit, religion, or other lind or quality foever they or any of them
were then reputed, known or taken ; to have and to hold all the faid
monafleries, abbathies, priories, nunneries, colleges, bofpitals, houjcs
of friars, and other religious and ecclefiajlical houfes and places, Jites^
circuits, precinSfs, manors, lands, tenements, meadows, pajiures,
rents, reverfions, fervices, and all other the premiffes, to our faid
fovereign lord, his heins and fuccejfors for ever, and the fame their
faid monafleries, abbathies, priories, nunneries, colleges, hofpitals,
houfes of friars, and other religious and ecclefiajlical houfes and places,
files, circuits, precin^s, manors, krdjhips, granges, nuafes, lands, ,
tenements, meadows, pc (lures, rents, reverfions, fervices, and other
the premiffes, voluntarily, as is aforefaid, have renounced, lejt and
forfaken, and every of them hath renounced, left and forfaken, ^
II. Be it therefore enadled by the King our fovereign lord, Monafteri«
and the lords fpiritual and temporal, and the commons, in this and their
prefcnt parliament aflembled, and by authority of the fame, {?»«*»» 1^^
That the King our fovereign lord fliall have, hol^ poflcfs and ^'SSwvS
Gg4 enjoy
45^ Anno tiiccfimo prime Henrici VIII, [ 1 539,
given to the enjoy to him, his heirs and fucceilbrs for ever, all and finguhr
^^St fuch late monafteries, abbathles, priories, nunneries, colleges,
hofpitals, houfes of friars, and other religious and ecdefiaftical
houres and places, of what kinds, natures, qualities or diver-
lities of habits, rules, profeflions or orders they or any of them
were named, known or called, which fith the faid fourth dzy
of February the twenty-feventh year of the reign of our £ud
fovcreign lord, have been diflblved, fupprefled, renounced, re-
linquifhed, forfeited, given up, or by any other mean come to
•7 H. S. f. 10. his Highnefs ; (2) and by the fame authority, and in like man-
Sliott?^'^^^ nerihall have, hold, joffefs and enjoy allthefitcs, circuits,
*^^'+' prccin<fls, manors, lordftiips, granges, meafes, lands, tene-
ments, meadows, paftures, rents, reverfions, fervices, woods,
tithes, penfions, portions, parfonagcs appropriated, vicarages,
churches, chapels, advowfons, nominations, patronages, an-
nuities, rights, interefts, enti-ies, conditions, commons, leets,
courts, liberties, privileges, franchifes and other whatfoever he-
reditaments, which appertained or belonged to the faid late mo-
nafteries, abbathies, priories, nunneries, colleges, hofpitals,
houfes of friars, and other religious and ecdefiaftical houfes and
places, or to any of them, in as large and ample maimer and
form, as the hte abbots, priors, abbefles, prioreiles, and other
ecclefiaftical governors and governefles of fuch late inonafteries,
abbathies, priories, nunneries, colleges, hofpitals, houfes of
friers and other religious and ecdefiaftical houfes and places,
had, held or occupied, or of right ought to have had, holden
or occupied, in the rights of their faid late monafteries, abba-
thies, priories, nunneries, colleges, hofpitals, houfes of firiars or
other relieious and ecdefiaftical houfes and places, at the time
of the faid diffolution, fuppreflion, renouncing, relinquifliing,
forfeiting, giving up, or by any other manner of mean coming
of the fame to the King's b'ghncfs fithen the fourth day of Fe-
bruary above fpeclBed*
Co. pi. f. 445. in. And it is further ena<ftedby the authority aforefaid, That
All other hou- not only all the faid late monafteries, abbathies, priories, nun-
fofvcd and "^^^^'^^j colleges, hofpitals, houfes of friars, and other religious
their l*ands ^l^^ ecdefiaftical houfes and places, (ites, circuits, precin<5ts,
given to the manors, lordftiips, granges, meafes, lands, tenements, meadows,
King. paftures, rents, reverfions, fervices, and all other the premiflcs,
a KoU. 100. forthwith, immediately and prefently ; (2) but alfo all other
monafteries, abbathies, priories, nunneries, colleges, hofpitals,
houles of friars, and all other religious and ecdefiaftical houfes
and places, which hereafter ftiall happen to be diflblved, fup-
prefled, renounced, relinquiflied, forfeited, given up, or by any
other mean come to the King's highnefs ; (3) and alfo all the
fites, circuits, precin^ls, manors, lordftiips, granges, meafes,
lands, tenements, mpadows, paftures, rents, reverfions, fer-
vices, woods, tithes, penfions, portions, parfonages appropri-
ate, vicarages, churches, chapels, advowfons, nominations, pa-
tronages, annuities, rights, interefts, entries, conditions, com-
mons, leets, courts, liberties, privileges, franchifes and other
hereditaments
1539'] Anno tricefimo primo Henrici VIIL 457
hereditaments v^hatfoever they be, belonging or appertaining to
the fame or any of them j ^4) whenfoever and as foon as they Co. pi. f. 187,
(hall be diflblved, fuppreflea, renounced, relinquifhed, forfeit- 546.
ed, given up, or by any other mean come unto the King's
highnefs, (hall be veftea, deemed and adjudged by authority of
this prefent parliament, in the very adhial and real feifin and
poflelfion of the King our foverdgn lord, his heirs and fuccef-
ibrs for ever, in the (late and condition as they now be;
(5} and as though all the faid late monafteries, abbathies, prio- 10 Co. 55.
ries, nunneries, colleges, hofpitals, houfes of sfriars, and all Plowd. 193.
other religious and ecclefiaftical houfes and places fo diflblved,
fuppreiTed, renounced, relinquifhed, forfeited, given up, or
come unto the King's highnels as is aforefaid, (6) as alfo the The fites and
faid monafteries, abbathies, priories, nunneries, colleges, hof- ^*"^*^f ?^c
pitals, houfes of frairs, and other religious and ecclefiaftical SJaH be^n'the
houfes and places, which hereafter (hall happen to be dilTolved, aftual poflef-
fupprefled, renounced, relinqui(hed, forfeited, given up or come Aon of the
unto the King's highnefs, fites, circuits, precinds, manors, ^^S*
lord(hips, granges, lands, tenements and other the premifles,
'wnatlocver they be, and every of them, were in this prefent
9<^ fpecially ana particularly rehearfed, named and exprefied by
exprefs words, names, titles and faculties, and in their natures,
kinds and qualities.
I V, And be it alfo enaded by the authority aforefaid. That all AU abbcv
the faid late monafteries, abbathies, priories, nunneries, colleges, Jj."?? '^ ^ *
hofpitals, houfes of friars, and other religious and ecclefiafti- y ' ^^ ^j,^ ^^'
cal houfes and places, which being diflblved, fuppreiTed, re- court of «ug-
nounced, relinquiihed, given up or come to the king's high- mentations,
nefs by any manner of means as is aforefaid, and all the ma- ^^^*^"^*^
nors, lord/hips, granges, lands, tenements, and other the pre- ^'uttJ^Sw-,
mifles (except fuch thereof as be come to the King's hands by
attainder or attainders of treafon] (2) and all the faid- mo-
nafteries, abbathies, priories, nunneries, colleges, hofpitals,
houfes of friars, and other religious and ecclefiaiUcal houfes or
places, which hereafter (hall happen to be diflblved, fuppreiTed,
renounced, relinquiftied, forfeited, given up or come unto the
King's highnefs, (3) and all the manors, lordfhips, granges,
lands, tenements, meadows, pafturages, rents, reverfions, fer-
vices, woods, tithes, portions, penfions, parfonages appropri-
ate, vicarages, churches, chapels, advowfons, nominations,
patronages, annuities, rights^ interefts, entries, conditions, com-
mons, leets, courts, liberties, privileges, franchifes and other
hereditaments, whatfoever they be, belonging to the fame, or
to any of them (except fuch thereof which (hall happen to come
to the King's highnefs by attainder or attainders of treafon)
fhall be in the order, furvey and governance of our faid fovereign
lord the King's court of augmentations of the revenues of his
crown, and of the chancellor, officers and minifters of the fame ;
(4) and all the ferms, ifliies, revenues and profits, coming and Explained by
growing of the premifTes, and of every part thereof, (except %x H. s. c. 10.
before except) (hdl be ordered, taken and received for the King's'*- »•
ufc
45* Anno triccfimo primo Henrici VIIL £'539.
ufe by the faid chancellor, mihifters and oi&cers, of the fame
court, in fuch and like manner and form, as the monafteries,
priories, fites, circuits, manors, granges, meafes, lands, te-
nements, rents, reverfions, fervices, tithes, penfions, portk»%
advowfons, patronages, rights, entries, conditions and other
hereditaments, late appertaining or belonging unto the moiuA
teries, abbathies, priories or other religious houfes, late by la-
thority of parliament fupprefled, been ordered, funreyed and
^^?^fiS^ governed ; (5) faving to all and every perfon and perfons, and
** *• bodies politick and their heirs and fucceflbrs, and the heirs and
fucceflbrs of all and every of them (other than the (aid late ab-
bots, priors, abbedes, priorefles and other ecclefiaftical go-
vernors and govemefles of the faid late monafteries, abbath^
priories, nunneries, colleges, hofpitals, houfes of friars and
other religious and ecclefiaftical houfes and places and their fuc-
ceflbrs, and the fucceflbrs of every of them, and fuch as pre«
tend to be founders, patrons or donors of fuch monafteries, ab-
bathies, priories, nunneries, colleges^ hofpitals, houfes of friars,
and other ecclefiaftical houfes and places, or of any manors^
meflliages, lands, tenements, <^ other hereditaments belong-
ing to the fame, or to any of them, their heirs and fucoeflc^s,
and the heirs and fucceflors of every fuch founder, patron or
donor, and the now abbots, priors, abbefles, priorefles, and
other ecclefiaftical governors and governefles of fuch monafte-^
ries, abbathies, priories, nunneries, colleges, hofpitals, houfes
of friars, and odier religious and ecclefiaftical houfes and places,
v^hich hereafter ftiall happen to be difiblved, fupprefled, re-
nounced, relinquiflied, forfeited, given up, or come to the
King's highnefs, and fuch as pretend to be founders, patrons,
or donors of fuch monafteries, abbathies, priories, nunneries,
colleges, hofpitals, houfes of friars, and pther ecclefiaftical
houfes and places, or of any manors, mefluages, lands, tene-
ments or other hereditaments to the fame belonging, or to any
of them, their heirs and fucceflTors, and the heirs and fuccel-
Kcnt« fervice, fors of every of them ; (6) all fuch right, title, claim, intereft,
other femcM P^ff^^*^"^ rents, charges, annuities, leafes, ferms, offices, fees,
■ndfaittcx- "Veries and livings, portions, penfions, corrodies, commons,
cepted out of fynods, proxies and other profits, which they or any of them
the faving. have, claim, ought, may or might have had, in or to the pre-
mifl^s, or to any part or parcel thereof, in fuch like manner,
form and condition, to all intents, refpe<5ls, conftrudlions and
purpofes, as if this a<5t had never been had ne made (rents fer-
vices, rents feck, and all other fervices and fuits only except.)
Leafes or V. Provided always, and be ij enafted by the authority a-
w7hf* T*car ^^'^*^*^» ^^^^ '^ ^'^y ^^^^ abbot, prior, priorefs, abbefs, or
of hndrno^*^ Other ecclefiaftical governor or governcfs abovefaid, within one
uicd to be let year next before the diffblution, fupprefflion, renouncing, relin-
toftrm. quifliing, forfeiting, giving up, or coming to the King s high-
Savil^ 66. ^^ j^c^g^ Qf }^j3 Ijjjg inqnaftery, abbathy, priory, nuimery, col-
^lu ^^* *^^' ^^S^» hofpital, houfe of friars, or other religious or ecclefiafti-
cal houfe or place, hath ipade any leafe or graqt under his co-
vent
1 539.] Anno triceHmo primo Henrici VIII. 459
vent or common feal, or otherwife, for term of life, or for
term of years, of the fite, circuit and precin6t of his faid late
monaftery, aBbathy, priory, nunnery, collie, hofpital, houfe
of friars, or other religious or eccleiiaftical houfe or place, or
of any pan thereof, or of any manors, meffuages, granges,
lands, tenements, parfonages appropriate, tithes, pex^ions, por--
tions CMT other hereditaments, which belonged or appertained
to his laid late monaftery, abbathy, priory, nunnerv, college,
hofpital, houfe of friars, or other religious or ecclefiaftica] houfe
or place, (2} which manors, meffuages, granges, lands, tene-
ments, parfonages appropriate, tithes, penfions, portions or
other hereditaments, were not before the fame leafe commonly
ufed to be fet nor let to ferm, but kept and referred in the ma-
nurance, tillage or occupation of the (aid governor or governef^
for the maintenance of hofpitality and good houfe-keeping ; (3)
or within one year, as is abovefaid, hath made any leafe or
grant for term of life, or for term of years, of any manors,
rneifuages, lands, tenements, meadows, pafliures, woods, par-
fonages impropriate, tithes, penfions, portions, churches, cha- Dyer tZo,
pels, or other hereditaments, whatfoever they be, whereof or Lcafct made
in the which any eftate or intereft for term of life, year or years, ^^^i^^^e^
at the time of the making of any fuch grant or lew, then had yearbeforethe
bis being or continuance, and then was not determined, finiih- diflblution.
ed or expired, (4) or within the time of onie y^r> ^s is above- Hob.»48,i98.
faid, hath made any leafe or grant for term ot life, or for term
of years, of any manors, meiTuages, lands, tenements, mea-
dows, paftures, woods, parfonages appropriate, tithes, pen-
fions, portions, churches, chapels, or other hereditaments, j)y^ X13.
whatfoever they be, upon the which leafes and grants, the Leafes made
ufual and old rents and ferms, accuftomed to be yielded and not referving
rcfcrved by the fpace of twenty years next before the firft Jay ''^ '^l^ "nt.
of this prefent prliament, is and be not thereupon referved
and holden ; (5) or if any fuch governor or govemefs hath Wood-fales
made any bargain or fale of his woods within one year, as is within one
afore limited, which woods be yet growing and ftanding, (6) ^Sd'flr?**^*
that then all and every fuch Jeafe, grant, bargain and fale of ^ aifloiuuwv
wood or woods, fliall be utterly void and of none ttkA.
VL And it is al(b enaded by the authority aforefaid. That Feoffments,
all feoffments, fines and recoveries had, made, acknowledged fines and reco*
or fuffered by any governor or ^vemefs, without the King's Y^^* k^^k'
licence under his great feal, within one vear next before the ^j^^^£^|[j*l^^
diflblution, renouncing, relinquifhin^, forfeiting, giving up, or of the King's
coming unto the King's highnefs, of his faid monaflery, abba- gift, orof^
thy, priory, nunnery* college, hofpital, houfe of friars, or other SJ)*''"^"?**"^
religious or eccleiiaftical houfe or place, or any manors, meafes, '^**«*<»tion.
lands, tenements or other hereditaments whatfoever they be,
which the faid late abbot, prior, abbefs, priorefs, and other
eccleiiaftical governor and governefs, or any of them, or any of .
their predecdlors, had or held, of the gift, grant or confirma-
tion of our faid fovereign lord* or of any of his Highnefs pro-
genitors, or of the which monafteries, abbathies, priories, nun-
^ neriey,
4^0 Anno tricefimo primo Henrici VIII. [1539.
neries, colleges, hofoitals, houfes of friers, or other religiout
or ecdefiaftical houfes or places, our faid fovereign lord was
founder or patron, or which manors, meafes, lands, tenements,
or other hereditaments were of the ancient or old foundation or
pofleflion of the faid late monafteries, abbathies, priories, nun-
neries, colleges, hofpitals, houfes of friars, or other religious or
ecclefuftical houfes or places, (hall be utterly void and of none
^fFea.
Leafesoflandt VII. And it is further enacted by the authority afordakl,
not ufiialiy let That if any abbot, prior, abbefs, priorefs, or other ecdefiafii'-
fierlet atbere^ ^^ governor or governefs of any monaftery, abbathy, priory,
after fliall be nunnery, college, hofpital, houfe of friars, or other religious
foppreilcd. or ecdefiaftical houfe or place, which hereafter (hall happen
to be diflblved, fuppreiled, renounced, relinquiihed, forfeited,
given up, or come to the King's highnefs, within one year next
before the firft day of this* prefent parliament, have made, or
hereafter do make, anv leafe or grant under his covent or com-
mon fcal, or otherwiie for term of years, or life or lives, of
the fite, drcuit and precindk of his faid monaftery, abbathy,
priory, nunnery, college, hofpital, houfe of friars, or other re-
ligious or ecdeuaftical houfe or place, or of any part thereof, (2)
or of any manors, meifuages, lands, tenements, parfonages ap-
propriate, tithes, penfions, portions, and other hereditaments
belonging or appotaining to his faid monaftery, abbathy, prio-
ry, nunnery, college, hofpital, houfe of friars, or other reli-
gious or ecdefiaftical houfe or place, which manors, meafes,
granges, lands, tenements, parfonages appropriate, tithes, pen-
fions, portions, and other hereditaments, whatfoever they be,
were not, before the fame leafe, commonly ufed to be fet nor
let to ferm, but kept and referved in the manurance, tillage or
occupation of the faid governor or governefs, for the mainte-
nance of hofpitality and good houfe-keeping, or now be-in the
manurance, tillage or occupation of the faid governor or gover-
nefs, for the maintenance of hofpitality and good houfe-keep*
Leafe of lands ing ; (3) or within one year next before the firft day of this
in leafe. prefent parliament, hath made, or hereafter ftiall make any
^^6 ^*i* 8 ^^^ ^^ ^^^^^ ^^^ ^^"^ ^^ **^^» ^^ ^^^ ^^^^ ®^ years, of any
pLx76! '* * in^nors, meafes, lands, tenements, meadows, panures, woods,
3 Co. 7*. parfonages appropriate, tithes, penfions, portions, churches,
chapeU, or other hereditaments whatfoever they be, whereof
and in the which any eftate or intereft for term of life, year
or years, at the time of the making of any fuch grant or
leafe, then had his being or continuance, or hereaner (hall
have his being or continuance, and then was not determined,
finiihed or expired, or at any time of any fuch leafe to be niade,
9 Roll. 171. ^^I' ^^^ ^^ determined, finiftied or expired ; (4) or within one
Lcafcs of ab. year next before the firft day of this prefent parliament hath
bey lands made, or hereafter ftiall make, any leafe or grant for term of
be difToI vcd** ^*^^' ^^ ^^^ ^^^"^ of years, of any manors, mefluages, lands, te-
notreferving nemcnts, meadows, paftures, woods, parfonages appropriate,
the old rent, rithes, penfions, portions, churches, chapds, or other heredi-
^ taments,
1539-3 Anno tricelimo primo Henrici VIII. 461
tamentSy whatfoever they be, upon which leafes and grants the
ufual and old rents and terms accuftomed to be yielden and re-
ferved by the fpace of twenty years next before tne (kid firft day
of this prefent parliament, is or be not, or hereafter (hall not
be there upon referved and yielden ; (5) or if any fuch gover- Wood-falei
nor pr governefs of any fuch mona(lery, abbathy, priory, nun- made or to be
nery, college, hofpital, houfe of friars, or other religious or ec- "^^^ ^^^^
clehaftical houfe or place, which hereafter (hall happen to be forVth«^di^
diflblved, fupprefled, renounced, relinquiOied, forfeited, given lution,
up or come to the King's highnefs, within one year next be-
fore the firft day of this prefent parliament, hath made, or here-
after (hall make, any bargain or fale of his woods, which woods
be yet growing and ftanding ; (6) that then all 'and every fuch
leafe, grant, bargain and fale of wood or woods, (hall be utter-
ly void and of none effecft. ^
VIII. And it is alfo ena<Sed by the authority aforefaid. That Aflurances
all feoflfments, fines and recoveries had, made, knowledged or ma^de by go-
fuffered within one year next before the firft day of this prefent ^c'*n?"'s jt
parliament, or hereafter to be had, made, kqowledged or fuf- gj*(^ ftipl^lT
fered by any governor or governefs of .any monaftery, abbathy, cd, of any of
priory, nunnery, college, hofpital, houfe of friars, or other re- their lands
ligious or ecclefiaftical houfe or place, which hereafter (hall hap- withinpnc
pen to be di(rolved, fupprefled, renounced, relinqui(hed, for- ^^^ °^^^^
felted, given up, or come to the King's highnefs, without the
King's licence under his great feal, of any manors, meafes,
lands, tenements, or other hereditaments, whatfoever they be,
which the faid abbots, priors, abbefTes, priorelTes, and other
ecclefiaftical governors and goveme(res, which hereafter (hall
happen to be difiblved, fuppre(red, relinqui(hed, forfeited, gi-
ven up, or come unto the King's highnefs, as is aforefaid, or
any of them, or any of their predecdfors had or held, or have
and hold, of the gift, grant or confirmation of our fiiid fove-
reign lord, or of any of his Highnefs progenitors, or of th«
which monafteries, abbathies, priories, nunneries, colleges,
hofpitals, houfes of friars, or other religious and ecclefiaftical
houfes and places our faid fovereign lord is founder or patron, or
which manors, meafes, lands, tenements or other hereditaments,
were or be of the ancient or old foundation or pofleflion of the
faid monafteries, abbathies, priories, nunneries, colleges, hof-
pitals, houfes of firiars, or other religious or ecclefiaftical houfes
or places, (hall be utterly void and of none effeA,
IX. Provided alway, and be it ena(fted by authority afore^ , rpH. ^,^
faid. That if any abbot, prior, abbefs or priorefs, or other Aleafcfor*
governor or governefs abovefaid, within one year next before years made to
the firft day of this prefent parliament; or if any late abbot, prior, for-^^'^th-
abbefs, priorefs or other late governor or governefs abovefaid, i,^ ^ ycar'^'be-*
within one year next before any fuch di(folution, fuppre(rion, tore the diflo-
renouncing, relinqui(hing, forfeiting, giving up, or coming to lution, or of
the King's highnefs, of the premi(rcs, or of any parcel thereof, J^|,f *^^***
as is aforefaid ; have made any demife, leafe or grant to any Co. pU. f.188.
perfon or perfons for term ot years, of any manors, meafes, 2 Leonard 55,
lands, sl^conard 164,
462 Anno triccfimo primo Henrici VIII. [1535*
Plowd. 101. lands, tenements, paifonages appropriate, tithes, peniions, por-
Pyeriox, jsm. tions or other hereditaments aforefaid, which perfon or perfons,
at the time of the faid demife, leafe or grant, had and held the
fame to ferm for term of years then not expired ; that then the
£iid perfon or perfons, to whom any fuch demife, leafe or grant
hath been fo made, Ihall have and hold the fame for the term
bf one and twenty years only from the time of the makin| of
the (kid demife, leate or grants if fo many years be by the nme
demife, leafe or grant fpecificxi, limited and exprefled, or dfe
for fo many years as in fuch demife, leafe or grant been ex-
prefled, fo that the old rent be thereupon referved, and fo that
the fame leafe or leafes exceed not twenty-one years ; this ad
or any thing therein contained to the contrary notwithftandine.
A leafe for Fife X. Provided alfo, and be it enaded by the authority aforefaid,
made to the That if any abbot, prior, abbefs, prioreis, or other late gover-
old leflee for nor q^ govemefs, within one year next before any fuch <££blu-
hfe or years. ^^^^ fuppreffion, renouncing, relinquifliing, forfeiting, giving
up, or coming unto the King's highnefs, of the preoiiil^ or
any parcel thereof, as is aforefaid, have made any deoiife, leafe
or grant to any perfon or perfons, for term of lue or lives, of
any manors, meafes, lanas, tenements, parfonages appropri-
ate, tithes^ penfions, portions, or other hereditaments aforefaid,
which perfon or perfons, or any of them, at the time of the faid
demife, leafe or grant, had and held thejame for term of life or
lives, or for term of years then not expired ; that then the bid
perfon or perfons, to whom any fuch leafe or grant hath been
io made, (hall have and hold the fame for term of their life or
lives, fo that the old rent be thereupon referved ; this ad or
7\ny other thing therein contained to the contrary thereof not*
withftanding.
All copies for ^'* Provided alfo, and be it enaded by the authority afore-
life granted Taid, That all and fingular leafes and grants, made by copy to
according to ?iny perfon or perfons, of any of the faid meifiiages, lands, te-
A^ii^hlf ^^ nements, parfonages appropriate, tithes, penfions, portions, or
fbail be good* ^j^j^^j. hereditaments aforefaid, for term of life or lives, which
by the cuftom of the country hath been ufed to be demifed^
Icttcn or granted by copy of court-roll, (hall be good and effec-
tual in the law, fo that the old rent be referved by and upon
every fuch leafe and leafes ; this z£t or any thing therein con*
tained to the contrary in any wife notwithftanding.
L f all - ^^^* P^^^^^^** alway, ana be it further enadled by the autho-
edhuhe court ^^^ aforefaid. That all leafes heretofore made of any of the pre-
ot' augmenta- cniiTes by authority of our fovereien lord the King's court of
tions. augmentations of the revenues ot his crown, (2) and all fuch
Dyer So. fcafes, feoffments and wood-fales, made by the faid governors
and govemeflcs, or any of them, under their covent feals, or
und^l" the covent or common fcal of any of them, within one
year next before the diflblution, fuppreffion, renouncing, relin-
quifhing, forfeiting, giving up or coming to the King^s high-
nefs, of the faid monaflcries, abbathies, priories, nunneries,
colleges, hofpitals^ boufes of fxiars^ or otbpr religious or ecde-
fiafUcai
-X 539-] Anno triccfimo primo Henrici VIII. 463
liaftical houfes or places, ( j) which faid leafes, grants, feofT-
xnents and wood-fales have been examined, enrdled, decreed
or affirmed in our faid foverei|n lord the King's court of aug-
mentations, and the decree of the fame put in writing, fealed
*with the feal of tHe faid court of augmentations, (hall be good
and effedual according to the fame decree ; any ciaufe or z&
heretofore in this pre^nt z& to the contrary notwithftanding.
Xin. Provided alway, and be it alfo further enacted by me How they (hall
authority aforQfaid,That if any perfon or perfons have juftly and be relieved
truly, without fraud or covin, paid or given any fum or fums ^^^ \f^^^ ^™'
of money to any of the faid late governors and govemeffes, for ^/"^to^
the bargain and fale of any woods, being or growing in or any ecdefiafti*
upon any manors, lands, tenements or hereditaments, which oal governor*
appertained or belonged to the faid late monafteries, abbathies,
priories, nunneries, colleges, hofpitals, houfes of fri^s, or other
religious or ecclefiaOftical places, or unto any of them, which bar-
gain and fale by authority of this adt is made void and of none
^ffed, and by mean thereof the King's higlinefs may have and
take die commodity and profit of fuch woods fo bargained and
fold ; that then the chancellor and other officers of our faid fo-
vereign lord the King's court of augmentations, or three of
them, whereof the chancellor for the time being (hall be one,
of our faid fovereign lord the King's treafure remaining in the
treafury of the fame court, (hall fatisfy and recompenfe every
iuch perfon or perfons fuch fum of money, or other recom-
pence, as the fame chancellor and officers, or three of them,
iwhereof the faid chancellor (hall be one, (hall think meet
and convenient* (2) And if ahy other perfon or perfons (hall
happen to take profit and commodity, by reafon ot avoiding of
fuch wood-fales by authority of this a<5t, that then every per-
fon and perfons, which may or (hall take fuch profit, (halt be
ordered lorfatisfaAion to be made to the parties that (hall hap-
pen to be grieved by this ad, by the faid chancellor and other
officers of the fame court.
XIV. Pr6vided alfo, and be it further enaAed by the autho- AlTarance to
rity aforefiud. That all and every perfon and perfons, their othen by the
hcu-8 and affigns, which fithen the faid fourth day of February, ^^8» ^'^!^
by licence, pardon, confirmation, releafe, aflcnt or confent of j^andSf *
our faid fovereign lord the King, under his great feal hereto-
fore given, had or made, or hereafter to be had or made, have
obtained or purchafed by indenture, fine, feoffment, recovery
or otherwife, of the (aid late abbots, priors, abbefles, priorefles,
or other governors or govemefles of any fuch monafteries, ab-
l>athies, priories, nunneries, colleges, hofpitals, houfes of friars,
or other religious and ecclefiaftical houfes or places, any mo-
nafteries, priories, colleges, hofpitals, manors, lands, tene-
ments, meadows, pa(hires, woods, churches, chapels, parfo-
nages, tithes, penfions, portions or other hereditaments, (hall
have and enjoy the fame, according to fuch writings and a(ru-
rances, as been thereof before the && day of this preient par-
liament or hereafter fliall be had or made ;
XV. Saving
464
A faving of
the right of
othtrt accrued
unto them be-
fore the dud
purchafe.
IS Co. 45.
A confirma-
tion of the
Kine^s pur-
chaies made
iithence
4 Febr. Ann.
a7H.8.
Anno tricefimo primo HfiNRici Vm. [1 539:
XV. Saving to all and every perfon and perfons, and bodies
politick, their heirs and fucceflbrs, and to the heirs and fucccf-
fors of every of them (otfier than the faid late abbots, abbefies,
priors, prioreffes, and other governors and govcmefles, and
their fucceflbrs, and the fucceflors of every of them, arul fuch
as pretend to be founders, patrons or donors of the faid mo-
nafteries, abbathies, priories, nunneries, colleges, hofpitals 2nd
other religious or ecclefiaftical houfes or places, or of any of
them, or of any manors, meflliages, lands, tenements or other
hereditaments late belonging to the fame, or to any of them,
and their heirs and fucceflbrs, and the heirs and fucceflbrs of
every fuch founder, patron or donor, (2) all fuch right, title,
intereft, polfeflion, rents, annuities, commodities, offices, fees,
liveries and livings, portions, penfions, corodies, fynods, prox-
ies and other profits, which they or any of them have, ought
or might have had, in or to any of the faid monafleries, ab-
bathies, priories, colleges, hofpitals, manors, lands, tenements,
rents, fervices, reverfions, tithes, penfions, portions or other
hereditaments, at any time before any fuch purchafe, inden-
tures, fines, feoffments, recoveries, or other lawful mean be-
tween any fuch parties had or made, as is abovefaid ; tlus a£l
or any thing therein contained to the contrary notwith/huiding.
X V I. And where our faid fovereign lord, fith the fourth day of
February the faid twenty-feventh year of the reign of our fmi fove-
reign lord y hath obtained and purchafed, as well by exchanges, as by
gifts, bargains, fines, feoffments, recoveries, deeds enrolled, and other-
\S ^ jundry pertons, many and divers honours, cajiksj
manors', lands, tenements, meaaozvs, paflures, woods, rents, reverftcni.
wife, of divers and ^
fervices and other hereditaments, and hath not only paid divers and
fundry greai fiims df money for the fame, but alfo hath given and
granted for the fame, unto divers and fundry perfons, divers and
Jundry manors, lands, tenements and hereditaments, and other re-
compences, in and for full fatisfaSfion of all fuch honours, caftles,
manors, lands, tenements, rents, reverfions, fervices and other bis
hereditaments, by his Highnefs obtained or had, as is abovefaid: (2}
be it therefore cna<5ted by the authority aforefaid. That our faid
fovereign lord the King, his heirs and fuccelTors, fhall have,
hold, pofllefs and enjoy all fuch honours, caftles, manors, lands,
tenements and other hereditaments, as his Highnefs fith the faid
fourth day of February the twenty-feventh year abovefaid, hath
obtained and had by way of exchange, bargain, purchafe, or
other whatfoever mean or means, according to the true mean-
ing and intent of his Highnefs bargain, exchange or purchafe;
mifrecital, mifnaming or nonrecital, or not naming of the faid
honours, caflles, manors, lands, tenements and other heredi-
taments, comprised or mentioned in the bargains or writings
made between the King's highnefs and any other party or par-
ties, or of the towns or counties where the faid honours, caflles,
manors, lands, tenements and hereditaments lie and been, or
any other matter or caufc whatfoever it be, in any wife not-
withftanding.
XVII. Saving
^539*3 Anna tticcfimo primo H£nrici VIII. 465
XVn. Saving to all and every perfon or perfons and td their Afavin^ofthe
Ixeirs, bodies poUtick.ahd coq>orate and to their fucceflbrs, and "f^' *** *^* ^
tocvcry of thein» (other thanfiicb perfon and perfons, and thmr thJ^"uer«l. ^
heirs, and their wives^ and the wives of every of them^ bodies their heirs and
politick andvdoipomte, and their fucceiTors, and every of them, wives.
of whom the Kin^s highnefs bath obtsuned by exchange, gift, *
bargain, fine^ feoffment, recovery, d^ed. enrolled or otherwife,
any fiich honours^ caftles, manors, lands^ tenements and other
facmitaments, as is aferefaid) (2) all fuch right, title, ufe, in- A" exception
.terdl,poiieflion, reinti^ charges, atmuities, commodities, fees and °? ^^"' t / 'cu
other profits (rents ftrvices and rents feck only except )^ which ^*^*"^" *^**
thiey or any of them have, might or ought to have had, in or
toitne qpmniflea fo 'obtained ar^ had^ . or in .or. to any parcel,
tfaePBor, If this z& had neVer been had nor made ; this prefent aA
or any thing thenein contained to the contrary notwithftanding*
XVIII* And when it bath ^aAdtU King's highmfs if his n^
abttndmitgraa andgoodmfiy as wiu mpoft diverf andfuniry confident
timsAis MajeftyJpMalfymowng^ as alfi ^therwifey to. have bargaimd^
fold^ changed^ or given ahd granted fy his Grocers Jeyeral letters pa-^
tents, indentures or ' other writings, as wtll under his Higbnejl great
fial, as under tbefeal Sfbis fflgbnefs duihyofhzsicaSxXy andthefiml
of the office of the augmentations of his crown, unto divers and fun--
dry ef'bis Uiving and* obedient fubje^s, differs andfundry ho--
nmrs, cqfilei, manors, fnonc^mes, abbatbies, priories, lands, tene--
ments, rems^' reoef/um, fervices^ par jonages appropriate, advowfonip
liberties, tithes, obuitioas, portions, pe^ftons,frimchife^ privileges, A-
hertuSf and oihef bereditamentSi cofimodittes and profits, infee-fmpk^
fee-tail, for term ofUfe% or for term ofyears\ l2)for avoiding of
which fmd letters pdtehts^andof the contents ofihejame,divers,ftmdry
tmd many ambiguities, doubts andi qH$fiions might hereafter arife, be
moved and flir red, or weUfor mijrecital or non^redtal, as for divers
other matters, things or casyes to beaUed^d^ obje^edor indented agtatfi
tbafaid Utters patents, as alio for lack of finding rfqffices or inquifi^
tions, whereby the title of bis tTtghneJi therein ought to. have been
found, before the mating of the lame letters patents, or for mifnecitat
ar non-^recital, ofUafesi as well of record as not of record, or for lack
^fibecertmntyoftievabus,or,oy.reafonofmifnam^ \.
*€a/iles, manors, monqfteries,abbathies, priories, lands J tenements, and
ether hereditaments comprifed and menfionei wiwin the fame let^
ters patents, or of the towns and counties where, tie Tame ho--
nours, caftleSf manors, monqfteries, abbatbies, priories, knds, ie^
nements, rents, and other hereditaments lien and been, as for divert
and fundry other fuggejlions and furmUes,which hereafter might h^^ . ,
fen to bemovedijurmtfedandprocureaagainft the fame letters patents^
edbeit the words in effeet contained in the fend litters patents be aaord*
ing to the true intent and meaning of his mojl royal Majefiy.
XIX« Be it therefore enaded by the authority of this prefent % ftoll. 17^4
^parliament. That as well all .and every the iaid Imers patents. The KHnj^^s ^
indentures and nther writings,i and every of them,, under thef*^^**'* mffid*
feal orfeals aboveiaid, or of any of them, made or granted by the ftandhST Mif-
King's highne& iithen the faid fouscth day oi JFebruary the foid recital, not
iwenty-.iieventh year of his moft noble reign, as all and lingular finding of of-
V4)L,IV. Hh other "
466 Anno tricdkno primo Henrici VIIL F<539-
fices &c. other his Grace's letters patents, indentufes or other vmttiigsto
S4.^& )5 H. t. {^ j^^]^ made or granted to any perfon or peribns witfaia tfaxee
Hob! ft tt, ft ft7. T^^'^ '^^^ ^^^ ^ making of this prtieat aA, of any JuonouiSy
' caflles» manors, mooafteries, abbatbies, prieriesy nunneiies, col-
lap, bofpitalsy boutes of fiiars, or of other rdigious or ecdefi*
amcal boofes or places, fites,'ctxacuit8, precinSs, Jands, ceno-
meats, paribnages, tithes, peniions, pcfltions, adyowfims^nomi-
nations^ and all other heinBditamcnts and pofieffions, of vbat
kind^ nature or quality. foever they be, or by whatibever nasae
or names they or any of them be named, known or i^utsd,
ihaU ftand and be good, effe&ual and available in the kiw of this
realm, to all reipe&s, pun)ofes^GonftnKftioas and intents, agxioft
his Maj^fy, his heirs um fuccefibrs, vnthout any otber liceace,
difpenfation or tolerance of the King's highne&i his heiis.and
fucceflbrs, or of any other peribn or peribns whatibever th^ be,
for any thing or thii^ contained, or hereafter to be-cootamed,
in any fuch letters patents, indentures or other writings ; ai^
caufe, Gonfideration, or thmg manerial to the contrary in any
wile notwithftandixig : > .
A raving of XX. Saving to aU and fingular perfims, bodies polidck and
^^k^^^' ^ oorporate, their heirs andXuca:ffi>r$, and the heirs and fuooeflbrs
Uiv^'alruml ^^^^ of them (other than his Higbnefs, his heirs and fuccet-
by the King, ibrsi and the (aid governors and govemeffes, and their fuccet-
fors, donors, fbunaeirs and pations aforenamed, and their heirs
and fucceflbrs, and all other perfons claiming in their rights or
to thdrufe, or in the right, or to the ufe ot any of them) att
fttch right, tide, claim, interoft, poflcffion, revcrfion, rcmgtndrr»
offices, annuities, rent cbai^ and CQmm<ms, which th^ or
any of them have, ought ormight tohavehad,inoru>anyol the
faid honours, caftles, manors, monafteries, abbathies, priories,
lands, tenements, and other l^reditaments, in the faid leturs pa-
tents made, or hereafter to be maide, coQipriaed at any time heme
-the makin{| of the faid or fuch letters patents; thisaft or any
thinRdiereai contained to the contrary nbtwithftandtiig.
H^lj^ H5» yXL And tvbire Sveri Mdftmdry abhtSj priorujMeffis^ pi-
BrWrn^'i*. *^<^^» ^ ^^ e^kjiaftical givemws and gavirnim rftbe JaU
« RquTi^,* ^ ffMut/iiri^h aboawiih Pp^ria^ mammiSr twig/n^ hojphais^
s^ftt hmifis rfjfriarSf and other retigiom und eukfiaftualbwffs amdfkcis^
baw baa^ pcffijiid and injoyid divirs and/mdryparfam^is apprepri-
akdj tithes^ penfians andpcrtions^ and alfo were acfttSud and dif-
cbarged ofandferthi'paymint or fcrfnunn of tithes^ H he paid emt er
for their find momjlmes J aUathies^ prierieSr nunneries^ coS^es^ hof
$udi sbbcf. /'^/"f>^^^ of/hars^ Ml ether religiom and ecfiejkftital bcufes and
lands a5 before ^^) oumorSj meJfuagBS^ bndSf tenements and bere£taments : (2} be
the diiToiution it thersftn enabled by the authority abovefaid. That as well
of them wert the King our fovereign lord, his heirs and fuccefibrs, as all and
x^uS^h^^^^^ perfon and ferlons, their heirs and affigns, which
continue. have, or hereafter (hall have, any mona(ler]es,abbathies, priories,
Cro. El. «o6. nunneries, colleges, bofpitals, boufe$ c^ friais, or other ccdeii-
Cro. Jac. 6sr. aftical houfes or places, fites, drcoits, precinx^s of the lame, or
^foxar. i65» ^f ^ny of them, or any manors, mefliiages, parfonages ^appro-
^oor. ftt). pi. piatc^ tithes, peniioAs^ pQrti<ui^ or other heredic^memfj what-
-^ - *i . . Aievcr
rSJJsO Anno tricefimo prime HBNRicf VIIL 45;
R>cvcr they be, which belonged or appertained| or which now I>ycr 277. pi.
belong or appertain unto the faid monafteries, abbathies, pri- ^^r^^'f' '^'
oriesi nunneries, colleges, hofpitals, houfes of friars, or omcr J, o>. «.* 16.
relirious and ecdefiafticil houfes or places, or untdtany of them, Co. pi. f. 451,
ihafl have, hold, retiiin, keep and enjoy^ as well the faid par- 414-
fbnages appropriate, tithes^ penfions, and portions of the (aid *^ij.
flloiufteries^ abbathies, priories, nunneries, colleges, hofpitals, ^^||['^ . 9^
Hotifes of friars, and other religious and ecclefiaftical houfes and
places, fites, circuits, predhdb, manors^ meafes, lands^ tene-
inents and other hereditaments, whatfoever they be, and every
oF thdm, according to their eftates and titles, difcharged and
acquitted of payment of tithes, (3) as firedy, and in as large
and ample manner, as the faid late abbots, priors, abbefles,
pricfeflfes, and other eocleCaftical governors and govemefles, or
any of them had, held, occupied, poflefled, ufed, retained or en«
joyed the fame, or any parcel thereof, at the days of their diflb-
ration, fopprdfion, renouncing, rdlnquilhing, forfeiting^ giving
up, or coming to the King's hiehnefs, of fuch monafteries, afa^
badliea^ priorits, nunneries, colleges, hofpitals, houfes of friars^
or other rdigious ecclefiaftical houfes or places, or at the day of
the diflfohition, fuppreffion, renpundne, rdinquifhing, giving
upy or coming to the Kin^*s highnefs ^any of them ; this zA
or atry thing therein contamed to the contrary notwidiftanding.
XaO. Saving to tlie King's highnefs, his heirs and fucccf- All rentt^ fer*
fors, an and all manner of rents, fervices, and other duties, t"^^' f^"
whatfoever they be, as if tkJs a6t had never been had nor made. ^^ ^® "*•
XXin. And be it further enaAed by authority of this prefent Mbnafteriei, '
parliament. That fudi of die laid late monafteries^ abbathies, &c^exempt
priories, nunneries, eolkg^s, hofpitals, houfes or friars, and^^^.^?^®"*
other religious and ecclSaftical houfes and places, and ^t^^Jf^^l^^
churches and chapds to them, or any of them belon^ng, which- dinaiy.
before the diftblution, fisppreffion, renouncing, relinqiiiftung,
forfeiting giving up, or toming unto the King's hiehneis, wer6
exemptm from the vifitation or vifitations, and all juriidiAion
of die ordinary or ordinaries, widiin whofe diocefe tlu^ t^ere
fituate or fet, (haU from henceforth be within the juriuliAioa
and vifitation of the ordinary or ofdinaries within whofe diocefe
they or any of them be fituate and fet, or within the jurildidioii
and vifitatipn of fuch perfon or peribns, as by the King's high-
nefs ftiall be limited or appointed ; this z&y or any other exemp-
tion, liberty or jurifdi6tion to the contrary nottrithftanding.
XXIV. And fvbire htfire this time it hath pkafed the King^s Dakeof Nor-^
nutjepjj at tbg tontempbtienand bstmUe feiUian of the right mhk folk.
Thomas duie of Nonblk, to give his reyeil cffent of Bieme by hit
Cracks word, without af^ manner nf litters patents^ er other writings
to fwrAafe and receive to him and to his heirtfor ever^ ^William
Flatbury, late Mot of the mondfierj (f Sipton in the mmtf of ^ton abbey.
Suflblk, andtovent of the fame htemonaflery now being diffohedj m
the fame nmafterfy together with all and JinguUir manan, MU
Jhips^ lands J tenements^ woods^ waters^ eommons^ iourts^ Uets^ adyow^
fcns^patrmagesjparfonages^ vitarages^ chaufiifieSifreechapeh^tithes^
fsrtiem^mies^penfonSy awmitieSyrents^ JuitSyjervlces^ feverfiam^
H h a remai%-
468 Ax\no tnce&ma prime HBNftici VIII: Ci5S9^
rpMindfriy and all otbtr tbii^s wbiih wir0 the beuditamgmts ir tbi
' pfiJiJfiomo/thi/aidl0Utn$p^
Lord Cobham. tbi realm ^£ngUn4. W And in Uiewfr $wrfiui fiverg^ bri
Cobham chan- ^^^^ j^^ /;^^^^ ^ hi^ Graci^s wwd^ unU m right bmmrMi Gton-
^^' lord Cobham, to purchafe and naivi t$ bim and tp bis beinj
' iVifi $fthf late majler ^bnthnn of the ccUegi or cbamiry efCob^
ham m the county of ICent, now being utterfy dijfolvedy the jiuef
t\^fanu (Allege or cbantry^ and all andjingnlar Aeir here^iamms
ana pfiffeffionsj as ^U ten^ral a$ euUfr^iud^ vAerefotuer tbey lof
or were within the realm if England t
. XXV. Be it therefore ena^ed by the audiority of this pre*
fent parliatnent. That the aft above written or any thiD^ thmn
contained, Qiall not be in any wife prqudici^l or hortlul to the
laid dulce and lord Cobham^ or to either of theii|> or to the beirs
or afligns of either of them, bot tbat th^ fame duke aod lord
Cobham and either of them fundrily, and the heirs and afligns
of either of them, (hall and m^y have, hold, receive and enjoy
^e preoiiires by them fundrily purchafed or received, accords
ipg to the purports and efiedts of fy<;h evidences, writinfls and
cpnveyances, as they or ^ny of them fundrily have caufed to be
deviled and made to thera or lo 'their ufes for the (ame :
Saving of XXV If Saving alway, and referving to all and finjndar pcr-
orher mens (png and bodies politick, and to tbttr heirs and fucce&rs (other
rights in the than the faid late abbot and convent and their fucceffi)rs, and
sip?ori^d th«faid late matter and brethren and their fuccelbw, and to
Cobham the founders of the £une monaftery, orof the fidd coUege or
Chax^f chantry and the heirs of other them, and all donors, ^ranters
or augmenters of them or of either of theQH and the bm and
affigns of either of them) (a) all fuch rights, titles, poileflions,
rents, fervices, fees, offices, annuities, govodies, liveries, Icafes,
and all other fuch their i^ti^refles^ profits and commocUtiesy as
they or any of them had, (hould or oueht to have, of, to, or in
any of the premifles fundrily pMTchafea or received by the faid
duke or lord Cohbatn^ if this prefent a& had nevec been bad or
made ; any thing in the faqie s^ft to the ceixtr«ry being in any
-wife notwitbftanding. .
CAP. XlV.
Jn an for aboUJhing of diverfity of opinions in certain or-
tides concerning cbrifiian religion.
^HERE the King's mofi excellent majefty is by GodTs law Su-
preme head immediately under bim of this xebole cbureb and
congregation <7^ngland, intendi^tbe eonfervation of the fame church
0nd congregation in a true^ fineere and uniform doSirine of Chrifs
religion^ calling alfo to bis Uejfid and moji gracious remewiirance^ as
well the groat awifuiet affurance^ prqfpcrous inereafcy aad other in-
numerable commodities^ which have ever infued^ come and followed cf
eoncordy agreement and unity in opinions^ as alfo the manifold perils^
dangers and inconvenienciesj which have heretofore^ in many plans
endrepout^groum^fprueigandarifenoftbe^verfieies of minds and
opinions^ efpecialfy cf matters of cbrifiian religion^ end therefore de^
&rinf that fuch au unity might and fbould be charitably eflakUfbed in
ail
w
1 519.x Attfo tricefimo primo Hiaiiuci YIIL ' 469
M tbkigs tHuKng 4nd Miurmng Ihihm^ a$ tbifamfi Mng tfia--
bli/biimght cbiify be t^ tbi bomwr 0f ,^iri^ G^^ tit very autb$t
Mdfmmmn efiiltrui unity ofidjinun cohmdy and tmfifueiUly rt'^
dmndutbi cmmn wubbrfthsbh^ISgbMfs mo/I nakre{ihi, and
^faU bis loving JUbjiSsy and other refiants and inhabitants of or in ^
^Jamei bmb therefore caufed and commanded this his mojl high *
cmOrt of parUamint^forfundry and ntany urgent caufes and (m^"
raiions^ to be at this Hmefiimmnedi and atfo afynod and eonvocation
afatt the arcbb^ops^ bi^s and other learned men of the ilargy of
jtbis his realm^ to be in IHe manner ajemblod.
JndforafmmbiBts in the fndparliamefit^ fined andeonvooationy there
^Hre eertmn artieksy matters j and fufftiam proponed and fet forth
iMehingchr^Hanreiigionftbatisiofigf:
firfty Whethor kithe mcift bleflod (acnifttent of the altar vt*
maiaeth, after the confecratioiH the fubftance of bread and
moe or no. ,
Seeondfyy Whether it be neceflary' by God's law» that all men
(hould be conaoifinicate with both kinds, or no.
Thirdly^ Whether priefts, that is to iay» men dedicate to God
by prieftbood, may by the law of 6od marry after, or Qo.
Fourthfyy Whether vow of chaftity or widowhood, made to
God adviiedly by man or woman> be by the law of God^ to .
be obfervcd, or ilo> ' 1
flftl^y Whether private maflfcs ftand with the law of God,
andbetobenfea and continue in thechurdi andooogre-
gation of England^ as things whereby good chriftian people
inay and do recdve both ^idly confohtion and wholdblne
benefits, or no.
Sixfhfyy Whether amieular confeffion is neceffirv to bo re-
tained, continued, ufed wd firequent^ in the chmvn, or no*
>
TheKinfs mojl royal majefiy, mo/l prudently pondering and tonfh-
deringy that by oetafion of variable andfimdry opmons a^judgmints
afthefaid articlesj-gru^ dijfeord and variant both arifen^ as well
amon^ the clergy of this his realm j as amon^ a great number of
vulgar people^ his loving fubjeffs of the fame; and being in ajfitu
hope and trujly that afmandperfea ufoboien of the Jj^^triielis
fbmd make a perfeSl concord and unity generally amon^ aU his lov^.
ing and obedient fisbjeils ; of bis moll excellent goodnefs not only com^.
mandidy that tkofaid articies Jhoula deUberatefy and advifedfyj by Ms
/aid archbijbopty bs/bopt and other learned men of his cUrgyy be di^
batedy argued and ret^onedy and their pinions therein to be under/bod^
declared and hmuny but alfo moft gradoi^ vouAfafed^ in bis own
princely perfeny to defcend and come into htsfaidbigh court of parUa^.
ment and counfely and theroy like a prince ofnwfl high trudincey and
na Ufi leamingy opened and declared many things of higo learmngand
great knawUdgOy toudnng thefmd artideSy mattersy am fuefliensyfor
fln unity to be bad in the fame ; wbereupony after a great andli^^
doliberate and aduijed Afputation and cottfidtationy had and made con^^
mwng thffaidifrticbspas wtUiytbe confentof the Kit^s bightsrfs^
at
47Q .AhAatricefimbpfifiioHnlnGiVni. tss39*
mmrfbisittrgfm tbrir imt^ocmims^imdif ibi^n/mi rf Ae nm^
Ah '
Fnfi^ TbttinthemoftbMUfiKTBmcotof the liyther
ibmgth and effltacv « OtnStt migbtjr ^md (it bong
4>okai b|f die pcMft) is pdeiit reaUy^ uniler die ibnii of
bread and wine, the natond boAr and Hood of onrSamur
JeibaQirifttConceiTedoftheViiguiAAsrjFl andtfuit^er
tiM confeerttiQA these raaainedi no ^idilbnoe o^
wine, nor any other fiAftancer bat die fiAAaiKe of Oiriftf
Godandnuuu
iHwSjf^ ThatooBiiimnion in bodi kinds is not ntodbrj^
^ fAimy bj the lawof Ood, to dl peiibnsi Md dnt it is
to be believed, and not doubted of» but that in the tfdb,
lindir the feim of bieakl, is the iioeiy bloodi and wtt
blood, nndor the fenn of wine, is the fe^ 6eai $ aswdl
atNut, as dioiip^ they were bodi togedier.
. 9^i9r> That pridbaMi|die order of prkft^
a£mf may not marry by die law of God.
tkurihlfy Tnaevows OS chaflity or widowhood^ byman or
woman made to God advifedly, oog^t to be oMerved by
•''dielawofCodr wddiat iteMnptcdt them from <^ilier
liberties of Chilian people, which without diat they might
enjoy.
/^^,TlMilit is meet and nepeAryi that private niaflssbe
continued and admitted in this tm Kinff's Ewg^ chmch
tiid congregatton, as WherAy igood dndtian people, or-
a mmfelves- according^, do receive both godly and
conMations and bmefits s and it is agreeable allb to
law.
Sixtifyy That aurieulaf confeffion is expedient and necefliuy
. ; to be retained and continued, ufed and ^fineqpiented in the
chui^hofOod.
F$r dk wbuh fitaftg^/^^ pmn^ md tretfdrf bis Mriefyt
' mid dittrmnatiw am rif^im histmfl hummi W
ibtHfta fiitji&Sy tbi Uri$Jpiritudaniie9iif§ridy anitbe e^mmmsy in
this frifint parHamutt ajfmMidy mt wlf rmiirmii give tmt9 bis
Kghmtfi tbiir moftbigb and bmiy tbanh^ and tbinJt tbemftives nrnji
itmd t$ pray fir the mg cantinuana ^hisGroifs nkfi rcfoi efiatej
bntalA bang difirous that his m^ gm tnierfriji may bi tvmi m^
c^mpUJbedy and brmgbt U afiiH end aniperfi&ieny andfe efiatUfiady
ibat tbejami might he to the heneur efOd^ and afier tethfconamn
quiets unity and remmrd to te bad in the wMe hedf of this reabn fir
ever^ moft immhly bifiicben bis teyal Mcgeffy^ that tie refilutien and
ditirminaiim above luritten.efthejiaiarticiei may be efiabUfltedyond
perpftudly pesfeited by antberity eftbis prefini parianunt^ itc.
♦EKEiUt, * I iif any perfoh by wt>rd, writing, pnming, cyphering, or any
K.iitai. other*
1 539*1 Anno tricefimo primo HfiNRici VIIL 47 1
othcrwHe, do preach, teach, difpute, ^ hold opinion that in the
biefled&cramc&t of theakar^ under form of bread and wine (after
the oonfecradon thereof) there is not prefent really the natural
body and blood of our Saviour Jefos Chrift conceived of the
Vii^n A£2i7» Or that after the laid confecntion, there remain--:
cth any fublbmce of bread or wine, or any other fubftanoe, Ijut '
the fubftance of Chrift, Gpd and man : Or that in the flelh under
form of bread, is not the very blood of Chrift c Orthatwtthtbe
blood under the form of wine, is not the very flelh of Chrift,
as well apart, as though they were both toffed^er : Or affirm the
faid (acrament to be of other fubftahce Aan is aforefidd : Or
deprave the faid Uefled £icrament : then he (hall be adjudged an
heretick,and fuffer death by bumine, and ftiall forfeit to the
King all his lands, tenements, hereditaments, goods and chat*
telsj as in cafe of high treafon.
2 And if anv fcrfbn preach in any fermon, or coUation openly
made, or teacn m any common fchool or congrmtion, or obr
flinately affirm or defend, that the communion ofthe blelSbd fa*
crament in both kinds is neceflary for the health of man's foul^
or ought or (hould be mihiftered in both kinds : Or that it is
neceflary to he recehred by any perfon (other thanby priefts)
being at mafs, and confecrating the fane.
3 Or that any man after the older of priefthood received, may
marnr or contradt matrimony.
^ 4 Or that any man or woman whieh advifedly hath Vowed
or prolHled, or fliould vow or profels chafiity or widowhood;
may marry, or contradt marriage.
5* Or that private maffes be not lawful, or not laudable, or
ihottld not be ufed, or be not aj^reeable to the hws of God,
6 Or that auricular confeffion is not expedient, and necef&ry
to be ufed in the church of God, he fhall be adfudged, fiiffer
death, and forfeit lands and goods, as a felon* If any prieft or
other man or Woman, which advifedly hath vowed chaftity, or
vfidowhood, do adhiall^ marry or contraA matrimony with ano-
ther : Or any man wmchis or hath been a prieft, oo carnally
ufe any woman, to whom he is, or bath been married, or witn
vrhom he hath contraAed matrimony, or openly be conver- j^ H. t.cis
fant or familiar with any fuch woman ; both the 'man and the %$ H. S-'c. 5/
woman fhall be adjudged felons. Commiffions ftiall be avrarded KepeaUd 1 Sd.
totbebifliop ofthe diocefe, his chancellor, commiflary, and^'iji'*'
otliers^ to enquire of the heretics, felonies, and ofiioices afeie- ^ ^%^ ^' '*
faid. And alfo juitices of peace in their feiTions, and every
fteward, underfteward, and deputy of ftewards in their leet, or
Jawday, by the oaths of twelve men have authority to enquire
pf all the ^erefies, felonies, and offences afbreiaid.
End of tte Fmtrtb YoiuMf.
3 bios QbS 756 Oil
i
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11