¶ An acte that no person committing petie treason, murder, or felonie, shalbe admitted to his clergie, vnder subdeacon. i.

VVhere at a parliamēt holden at westminster, in the .iii. yere of kynge Edwarde the fyrste, the same kynge mo­ued the prelates of the realme, and them enioyned vpon their feith, that they owed to him, that in no wise they shoulde deliuer those clerkes, whiche were indited for felonie, without due purgacion, so that the saide kynge shulde haue no nede to put other remedi in that behalfe. And that notwithstanding after that monicion dyuers and many clerkes conuicte were accustomably deliuered and suffered to make their purgaci­ons, to the greate corage of euyll doers: By occasion wherof afterwarde at an other parliament holden at westminster in the .iiii. yere of kyng Henry the .iiii. vpon the complainte of the commons the same kynge Henry the fourthe than aduertised the prelates of the realme of the premisses, enten­dyng than to haue prouided remedie, by auctoritee of the saide parliament, as apperteined to his prerogatiue royall, for the conseruacion of the peace of the Crowne: At whiche time the archebishop of Canterbury, for him selfe and all other bysshoppes of his prouince than openly promised to the same kinge Henry the .iiii. that if any personne from thens forth were con­uicte of anye treasonne, whiche touched not the kinge nor his royall ma­iestie, and suche as were notoriously knowen and reputed for theues, and for suche cause delyuered to anie ordinarie as a clerke conuicte, that the ordinarie, to whom suche person or personnes were deliuered, shuld safely kepe them after the effecte of a constitucion prouinciall to be made by the sayde archebysshop and bisshops after the effecte of the letters of Symon than afore that time archebyshoppe of Canturburye, bearinge date the .xii. kalendies of Marche, the yere of our lorde god a. M.CCCl. and that no suche traytour nor felon shoulde make his purgacion agayne the saide Con­stitucion, whiche constitucion the saide Archebysshop than promised to de­lyuer to the same kinge before his nexte parlyamente, to thentent that if it shoulde seme to the same kinge, that the same constitucion were not suffi­cient remedie for the premises, that than the saide kinge myght prouide suche remedie as shoulde apperteine in that behalfe. Sithen whiche tyme the same constitucion was neuer notified ne shewed by the prelates of this realme, but continually sithen that time manifest theues and mur­derers indited and founde giltie of their misdeedes by good and substan­ciall inquestes vpon plaine and profeable euidence before the kynges Iu­stices, and afterwarde by the vsages of the common lawes of the lande deliuered to the ordinaries as clerkes conuicte, be spedily and hastily de­liuered and set at large by the ministers of the said ordinaries for corrup­cion [Page] and lucre, or els bicause the ordinaries enclaiminge suche offenders by the liberties of the churche, will in no wise take the charges in saue ke­pynge of theim, but little regardynge the triall and conuiction of the sayde offenders, by the due and plaine course of the common lawes of the lande, dooe suffre them to make their purgacions by suche as nothinge knowe of their misdeedes: and by such fraude adnull and make voide all the good and prouable triall that is vsed againe suche offenders by the kinges la­wes, to the greatte disclaunder of suche as pursue suche misdoers, and to the pernicious example, encrease, and corage of suche offenders, if the kynges highnes by his auctoritie royall put not spedy remedie in the pre­misses as apperteineth.

¶ Be it therfore enacted by the kynge our soueraigne lorde, and the lordes spirituall and temporall, and the commons in this presente parliamente assembled, and by auctoritee of the same, that no person nor persons, which hereafter shall happen to be founde gyltie after the lawes of this lande for anie maner of petie treason, or for anie wylfull murder of malice prepensed, or for robbynge anie churches, chapels or other holy places, or for rob­binge of anie person or persons in their dwellyng houses or dwelling place, the owner or dweller of the same house, his wife, his children, or seruaunts than being within, and put in feare and dred by the same, or for robbynge of any personne or persons in or nere aboute the highe wayes, or for wilfull burnyng of any dwellinge houses or barnes, wherein anie grayne of cor­nes shall happen to be, nor anie personne or persons beinge founde gyltie of anie abbettement, procurement, helpinge, mainteininge, or councellinge of or to anie suche petie treasons murders or felonies, shall from hensforth be admitted to the benefite of his or their clergie, but vtterly to be excluded therof and suffre death in such maner and fourme as they shoulde haue done for any the causes or offences abouesayd, if they were no clerkes. Suche as be within holy orders, that is to saie of the ordes of subdeacon or aboue al onely excepte.

¶ And be it further enacted by auctoritee aforesaide, that euery suche per­sonne and persones within suche orders of subdeacon or aboue, whiche at any tyme hereafter be founde giltie of any petie treason, or of any murder, of malice prepensed, or of anie of the felonies aboue rehersed, or of anye accessarie to petie treason, wilfull murder, or to any other the felonies a­boue specified, and admitted to his or their clergie, and deliuered to the ordinarie for the same, shall not in anie wise from henseforth be suffered to any purgacion, nor be sette at libertie, but remaine and abide in perpetuall prison, vnder the kepinge of the ordinarie, to whom he shalbe committed and his successours, without anie maner purgacion duringe the natu­rall lyfe of euery suche conuicte, Excepte onely suche person or persons so beinge within suche holy orders and conuicte, of or for any of the offences afore sayde, and deliuered to the ordinarie for the same, do fynde two suffi­ciente [Page] suerties by recognisaunce before two of the kynges Iustices of his peace within the same shyre, where the petie treason, murder, or felony, wherof he was conuicted, was committed and done, wherof one of them to be of the Quorum, that suche conuicte shall be of good abearynge againste the king our soueraigne lorde, his lawes and subiectes, euery suche conuict to be bounde in the summe of .xl. li. and euery his sureties in .xx.li. And that no suretie be taken onlesse suche as may dispende in londes tenementes or hereditamentes yerely aboue all charges of estate of enheritaunce of charter holde, xxvi. s. viii. d. or els be worth .xx.li. in mouable substance at the time of the taking of suche recognisance. And that two Iustices of peace, wherof one to be of the Quorum, by auctoritee aforesaide haue power and aucto­ritie to take suche recognisance. And that the said Iustices, afore whom any suche recognisance shall be taken, shall certifie the same into the kinges benche within .iiii. monethes next after the takinge therof, vpon peyne to lose and forfaite. C. s. for euery defaut therof.

¶ Prouided alwaie, that this acte extende not to geue any benefite to any suche person or persons, whiche after their confession, or iudgement geuen ageine them of or for felony or murder, or after they be outlawed for anie suche cause be admitted to their clergie and deliuered to the ordinarie for the same, but that they and euery of them shall remaine in the custodie of the ordinaries without makinge purgacion, vppon suche perill and in suche maner and fourme as it was vsed by the common lawe before the ma­kynge of this present acte, this acte or any thinge therin conteyned not with standinge.

¶ Prouided alwaies, and it is further enacted, that euerie ordinarie, to whose custodie anie suche conuicte for anie of the offences aboue rehersed shall be committed, maie at his libertie disgrade euery suche conuicte after the lawes of the churche, if he se cause so to dooe, and sende the conuicte so disgraded in sure and safe kepinge into the kinges benche with a certificat vnder his seale testifiynge the said disgradinge, vpon the whiche the Iu­stices of the kinges benche, hauinge afore them the recorde, vpon the whi­che the saide personne so disgraded was fyrst conuicte, shall geue suche like iudgement of deathe vpon the same recorde agaynste euery suche person so conuict and disgraded, as the Iustices afore whom he was conuicte might haue done: if the saide person so disgraded at the tyme of his conuiction a­fore them had be no clerke, his admission to his clergie, and committynge to the ordinarie, ne any other thinge vse or custome to the contrary hereof not withstandinge, And that euery suche iudgement shall be executed accor­dinglye. And that euery ordinarie so sendinge any suche conuicte disgraded into the kinges benche shall be discharged againe the king our soueraigne lorde, his heyres and successours of or for any further custodie or kepynge of the same conuicte.

¶ This acte to continue vnto the laste daie of the nexte parliament.

¶ An acte concerninge where and vnder what maner the iayles within this realme shall be edified and made. ii.

FOr as muche as it is necessarie and commendable, that common tayles and prisones, whervnto yuell dooers shall be committed for their offences, shoulde be surelye and substancially edified in suche townes in euery shire within this realme as shall be most indifferent for con­ueiance of prisoners from euery parte of the shire wher­in suche iayles shalbe, and in especiall in those townes, where moste commonlye the assises and sessions bene vsually kepte, and where there is moste resorte and repaire of people to thentent that by the meane therof fewer shall escape, and also the rather and oftener reliefe and charitie of the people shall be to the prisoners ministred: It maie therfore please the kinges hyghnesse with thassent of the lordes spirituall and tem­porall, and the commons in this present parliament assembled, and by auc­toritie of the same to enacte that the Iustices of peace of euery of the shyres of Essex, Suff. Dors. Sussex, Surrey, Notingham, Glouc. Bedforde, Buck. Huntingdon, Wiltes. Kent, Warwyke, Stafforde, Oxen. Barks. Leicester, Rutlande, Lincolne, Hereforde, Northampton, Salop, Norff. and Cornwall, or the moste parte of the saide Iustices of peace in euerye of the saide shires within the limittes of their commission, shal haue ful power and auctoritee to limitte and appoynte at anie tyme within the terme of one yere from the ende of this present parlyament the townes and places wherein they shall thinke moste necessarie to haue a common iayle newly edified and made. And that also the saide Iustices of peace in euerye of the saide shyres, or the moste parte of the saide Iustices of peace within the lymittes of their commission shall haue full power and auctoritie to call before them at tymes and places by them to be appointed, all the high con­stables, tything men, or borough holders of euery hundred, lathe, or wa­pentake in the shire, wherof they be Iustices, and in their presence and by their assentes and agrementes, or in the presence and by thassente of the moste parte of them shall conclude and agree vpon suche conueniente and certaine summes of money, as shall be thoughte by their discreacions and by examinacion of woorke men to suffise for the makinge and perfecte fy­nisshynge of a newe iayle in the shire, whereof they be Iustices of peace, and thervpon shall forthwith by their assentes agreementes and discrecions taxe and set euery suche person and persons, as than shall be resiant in the same shyre, as well within liberties as without, hauinge landes, tene­mentes, rentes, or annnities of estate of inheritaunce, or for terme of lyfe to the cleere yerely value of .xl. s. or aboue, or beynge worthe in mouable substaunce the cleere value of .xx. li. or aboue, to such reasonable ayde and [Page] sommes of money as shall be thought conuenient by their discrecions to and for the full building makinge and finishynge of the said common iayle of the shire, where suche assessement shall be made. And after suche taxacion to name and appoint suche numbre of collectours for the leuieng therof, as shall seme best by their discrecions. And that the saide collec­tours and euery of them shall haue power and auctoritie to distreine euery suche person as shall be set or taxed by the saide Iustices of peace as is a­fore saide in their landes or goodes, as well within liberties as without, and to sell the distresses by them taken by thappreysement of .iiii. honeste persons for the paiment of the saide sommes to be taxed, if the person or persons taxed refuse to pay the same within .x. daies nexte after suche di­stresse taken, taking vpon euery such sale but onely the money taxed, with reasonable costes for taking of the distresse: and the ouerplus of suche sales to be deliuered to the owner of the saide distresse. And that also the saide Iuistices of peace in euerie of the said shires, or the moste parte of them, within the limittes of their commission, shal haue power and aucto­ritee to name and appoint two honest persons inhabited in the saide shire, wherin they be Iustices, which .ii. persons shall suruey, se, and prouide, that the saide iayles shall be surely and substancially made and finisshed: to whose handes the saide collectours shall pay and deliuer the money by them collected of the kinges subiectes by the appointment and assigne­ment of the saide Iustices of peace or .vi. of them at the least. And that as well euerie of the saide collectours as euery of the said .ii. persons to be named, their heires, executours, and administratours shall declare a true and a iust accompt to the said Iustices of peace in euerie of the said shires, or to .vi. of them at the least from time to time whan they shal be required. And in case any of them refuse to make accompte, or refuse to pay and em­ploy suche sommes of money as shall come to their handes, in suche wise as shall be limitted and appointed by the saide Iustices of peace or .vi. of them (as is aforesaide) that than the same Iustices of peace or .vi. of them in euery shire, where suche iayles shall be new made, shall haue full power and auctoritie, if the saide offenders be present to commit them to warde, and if they be absent to make attachementes vnder their seales by their discrecions again euerie suche collectour and person, to whose handes any of the saide sommes of money taxed shall happen to come, their heires executours and administratours and euery of them, into euery shire and parte of this realme, as well within libertie as without, to be returnable afore the saide Iustices of peace, at suche day and place as by them shalbe appointed, and to be directed to the shireffe or shireffes of the shire, wherin the partie or parties, againe whom suche attachement shalbe directed, shal be resident and abiding, if it be within the bayliwicke of the shireffe, and if it be without, than to be directed to the baylie of the libertee, wherein suche partie shall abide. And that euery shireffe and bailiffe of libertie, [Page] to whose handes suche attachementes shall come, without fauour or cor­ruption shall attache the saide offenders, and personally bringe them be­fore the saide Iustices according to the tenour of thattachement to them directed, or els declare by his returne of the said attachement some resona­ble cause why he can not so do, vpon peine for euery defaute by them or any of them committed contrarie to this acte to lose & forfaite .C. s. to the kinge our soueraigne lorde: and vpon the apparance of euery suche person so at­tached the said Iustices or .vi. of them shall haue full power and auctoritie to commit them to prison, there to remaine without baile or mainprise till they haue truely accompted and paide all such sommes of money as came to their handes by the assignement of the saide Iustices by auctoritie of this acte. And in case there happen to remaine any ouerplus of money af­ter the iayles fully and wholly finished, than it is ordered, that the same ouerplus shalbe employde and bestowed in almes to the prisoners to be cō­mitted to the saide iayle by the discrecions of the saide Iustices of peace or the more parte of them, as long as it will last.

¶ Prouided alway, that this acte extende not to charge any persons inha­bited within any cities townes or borowes corporate, which haue commō iayles for felons taken in the same, & haue iustices of peace for deliueraunce of such felons, for any taxes or lottes to the makinge of the saide common iayles of any the shires aboue named, but that euery suche inhabitant in any suche citie towne or borow corporate shalbe vtterly discharged therof.

¶ And be it further enacted that seuerall commissions vnder the kinges great seale, with this present acte therto affiled, shall be directed to the Iu­stices of peace of the shires afore named, auctorising them to accomplisshe and execute this present acte accordinge to the tenour therof in euery be­halfe, and that the said Iustices of peace in euery of the shires afore named haue power and auctoritie to limitte to euery of the saide collectours, and persons by them to be named, that shall take peines for leuieng of the mo­ney taxed or for the surueyeng of the makyng of the said iayles, such reaso­nable sommes for their peines and labours for the collection of the sayde money and surueyng the making of the said iayles.

¶ And be it further enacted by the auctoritie aforesaid, that all murderers and felons shalbe imprisoned in the said cōmon iayles, and not els where. And that the shireffes shall haue the keping and charge of the same newe iayles: and that euery shireffe be alowed vpon his accōpt in the escheker for all & euery such sōmes of money as he shal hereafter happen to expende in & about the necessarie reparacions or amēdmentes of the said iayles, af­ter they be ones made from time to time as often as nede shall require: and that the barons of the kinges escheker haue power to a [...]ow euery shirif in euery suche case by their discrecions without any bill or warant to bee sewed from the kinges highnes in that behalfe. ¶ Prouided alwaies that this acte be not in any wise hurtfull or preiudiciall to any person or [Page] persons hauing any commen iayles by inheritance for terme of life or for yeres, but that they shall haue and enioy their said iayles and the profittes fees and commodities of the same as they had or might lawfully haue had before the makinge of this acte, and as if this acte had neuer ben had ne made.

¶ Be it further enacted by auctoritie aforesaid that like prouision in euerie behalfe be had for a new Gayle to be made within the countie of Derby in like fourme as is prouided for other shires aforesaide.

¶ An acte concerning periurie and punisshement of vntrue verdictes. iii.

THe kinge our soueraigne lorde of his moste godly and gra­cious disposicion calling to his remembrance how that per­iurie in this lande is in manyfolde causes by vnreasonable meanes detestably vsed to the disheritaunce and greate da­mage of many and great nombre of his subiectes, well dis­posed, and to the most highe displeasure of almightie god. The good statutes against all officers hauyng returne of writtes & their deputies making panelles parcially for rewardes to them geuen, against vnlawfull maintenours embrasours and Iurours, and against Iurours vntruely geuinge their verdicte not withstandinge. For reformacion wherof, and for as muche as the late noble king Henrie the seuenth, proui­ded remedie for the same by a statute made in the .xi. yere of his reigne, whiche statute is now expired. Be it therfore now enacted by the king our soueraigne lorde and the lordes spirituall and temporall and the com­mons in this present parliament assembled, and by auctoritie of the same that vppon euerie vntrue verdicte hereafter geuen betwext partie and partie, in anie suite, playnte, or demaunde, before anye Iustices or Iudges of recorde, where the thinge in demaunde and verdicte there­vpon geuen extendeth to the value of .xl. li. and concerneth not the ieoper­die of mans life, the partie greeued by the same verdicte shall haue a writte of atteint against euery person hereafter so geuing an vntrew verdicte and euery of them, and against the partie, whiche shall haue iudgement vpon the same verdicte. And that in the same atteint, there shall be awarded a­gainst the petit Iurie, the partie, and the graunde Iurie Somons Resom̄ and distresse infinite, whiche graunde Iurie shall be of like num­bre as the graunde Iurie is nowe in atteinte, and euery of them, that shall passe in the same, shall haue landes and tenementes to the value of twentie markes by the yere of freeholde out of the auncient demeane. And vppon the distresse whiche shall bee deliuered of recorde vppon the same open proclamacion to bee made in the courte there, The distresse shall bee awarded more than fiftene daies afore the retourne [Page] of the same distresse, and euery suche distresse shall be made vpon the lande of euery of the saide graunde Iurie as in other distresse is & hath ben vsed. And if the saide partie defendant or the petite Iurours or any of them ap­pere not vpon the distresse, than the graunde Iurie to be taken against thē and euery of them that shall so make defaute. And if any of the said petit Iurie appere, than the partie complainant in that behalfe shall assigne the false serement of the first verdicte vntruely geuen, whervnto they of the petite Iurie shall haue none answere, if they be the same persons, and the writte proces returne and assignement good and lawfull, except that the demaundant or pleintife in the same Atteint hath afore ben nonsute or discontinued his sute of atteint taken for the same, or hath for the same ver­dit in a writte of atteynt had iudgement against the saide petite iurie, but only that they made trewe serement, whiche issue shall be tried by .xxiiii. of the saide graunde iurie, and the partie shal pleade, that they gaue trew ver­dicte, or any other matter, whiche shall be a sufficient Barre of the saide at­teynt. And that plee not withstanding the graunde iurie to be taken with out delay to enquere whether the firste iurie gaue trew verdicte or no.

And if they finde that the saide petite iurie gaue an vntrew verdicte, than euery of the saide petit iurie to forfaite .xx. li. wherof the one half shall be to the kinge our soueraigne lorde, and the other halfe to the partie that sueth.

And ouer that, that euery of the saide petite iurie shall seuerally make fine and raunsome by the discrecion of the Iustices, before whome the said false serement shall be founde after their seuerall offences defautes and suffici­encie of euery of the saide petite Iurie. And after that, that those of the said petite iurie so atteinted shall neuer after be in any credence, nor their othe accepted in any courte. And if suche plee as the partie pleadeth, whiche is a Barre of the saide atteint, be founde or deemed against him that so plea­deth, than the partie that so sueth shal haue iudgement to be restored to that he lost with his reasonable costes and damages.

¶ Forseene alway that any vtlarie in action or cause personall, or excom­mengement pleded or alleged in the partie pleintife or demaundant shalbe taken but as voyde plee, and to that he shall not be put to answere. And that in all the aforesaide processe suche day shall be giuen as in a writte of Dower, and none essoyne or protection to lie nor to be allowed in the same. And if the sayde graunde iurie appere not vpon the first distresse had against them, so that the iurie for their defaute doo remaine, he that maketh defaute shall forfaite to the kinge .xx. s. and vpon the seconde di­stresse .xl. s. and after making defaute for euery such defaute .v. li. And like penalties and forfaitures to be against them and euery of them that shall be named in the Tales, as is afore expressed against euery of the saide graunde Iurie aforesaide. And that for and by the deathe of the partie or any of the saide petit iurie, the saide atteint shall not abate nor be deferred against the remenant, as longe as two of the saide petite Iurie be aliue.

¶ And if hereafter any false verdicte be geuen in any action suite or de­maunde afore any Iustice or iudge of recorde of any thinge personall, as dette, trespas and other like, whiche shall be vnder the value of .xl. li. that than the partie greued shall haue atteint with suche proces & pleas as is afore rehersed, and delaies to be taken away as is afore remēbred: excepte that in this case of atteint euery person of the graunde iurie that may dis­pende .v. markes by the yere of freholde out of ancient demene, or is worth an hundred marke of goodes and cattels, shalbe able to passe in the same atteint. And if the petit iurie be atteinted, that than they shal in this case of atteint euery of them to forfait .v. li. wherof one halfe shall be to the kynge, and the other halfe to the partie, after the forme afore rehersed, & ouer that to make fine and ransome by the discrecion of the Iustices, as is aforesaid.

¶ And if there be not persons of suche sufficience within the shire or place where any of the said atteintes shall be taken, as may passe in the same: be it ordeined by the auctoritie aboue said, that than one Tales shal be awar­ded into the shire nexte adioinyng by the discrcion of the Iustices, afore whom y^e same atteintes shalbe taken, which shalbe warned to appere vpō like peines as is aforesaid, and enabled to passe in the said atteintes, as if they were dwelling in the shire, where the same atteint shalbe taken. And that the same lawes action and remedie ordeined by this presēt act be kept for and to all them that shalbe greeued by suche vntrue verdites of any in­heritance, in discent reuercion remaindre, or of any freholde in reuercion or remaindre. And if the partie in atteint giuen by this act be nonsuite, or the same discontinue, that than the same partie so nonsuite or so discōtinu­yng the said atteint make fine and ransome by the discrecion of the iustices afore whom the said atteint shall be taken and depending.

¶ And that all atteintes hereafter to be taken, shalbe taken afore the king in his benche, or afore the iustices of the common place and in none other courtes. And that Nisi prius shalbe granted by discrecion of the iustices vpon the distres, and euery of the saide petit iury may appere & answer by attourney in the saide atteint. And that the moite of the saide forfaiture of the petite iurie shalbe leuied to thuse of our soueraigne lorde by Capias ad satisfaciend. or Fieri fac. or Elegit, or by action of det against euery person of the petit iurie so forfaitinge, and against his executours & administra­tours hauing thā sufficient goodes of their said testatour not administred and the other moitie shall by like processe be leuied to the vse of the partie that sueth any atteint geuen by this acte against euery of the sayde petite iurie and his executours or administratours, hauinge than sufficiencie of goodes as is aforesaid not administred: and the iudgement of restitucion to the partie greued suing this acte & execucion of the same to be had, & like iugemēt for the partie defendant or tenāt to be discharged of restitucion, as afore this present act in case of a grand atteint hath ben vsed. and if there be diuers pleintifes or demandantes in atteint, that the nonsuite or relesse [Page] of any of them shall not be in any wise hurtful or preiudicial to the residue, but that they and euery of them in suche cases may be som̄ and seuered like as it is vsed whan there by diues demandantes in actions reall.

¶ Be it also ordeined & enacted by thauctoritee abouesaid, y^t in euery writ of atteint hereafter to be taken by or vpon this acte, the which shalbe such as other writtes of atteint be, and after the Teste of the same writ shall be written these wordes in latin: Per statut. continuat. vs{que} annū vicesimum tertium dn̄i Henr. octaui dei gratia Anglie & Frāc. regis, fidei defens. & domini Hiber.

¶ And it is also enacted, that this acte shall take effecte for verdictes here­after to be geuen and to continue to the last day of the next parliament.

¶ Prouided alway, that this acte be not preiudiciall to a statute made in the .xi. yere of the late king of famous memorie Henry the .vii. for punishe­ment of periurie in vntrue verdictes geuen in plaintes sued in the courtes of the citie of London, but that it shall be at the libertie of all persons for and vpon any vntrue verdict giuen in any courtes of the same citie, to sue their atteint vpon this estatute, or els vpon the saide estatute made in the saide .xi. yere at their owne pleasures and willes.

¶ An acte that no brewers of bere or ale shall make their barrels kil­derkins nor firkins within them, and how muche the same bar­rels kilderkins and firkins shall conteine. iiii.

WHere the ale brewers and bere brewers of this realme of Englande haue vsed & daily do vse for their owne singu­lar lucre profit & gaine to make in their owne houses their barrels kilderkins & firkins of much lesse quantitie, contēt rate and assise than they ought to be, to the greate hurte preiudice and damage of the kinges liege people, and cō­trarie to diuers actes statutes ancient lawes & customes heretofore made had and vsed & to the distruction of the poore crafte or misterie of coupers. For reformacion wherof be it enacted by the king our soueraigne lorde, the lordes spirituall and temporall, and the commons in this present parlia­ment assembled, and by auctoritie of the same, that no bere brewer nor ale brewer, that shall brewe to sale bere or ale shall from henseforth occupy by him self, nor by any other to his vse in his house nor els where the mistery or crafte of coupers, nor make any barrels kilderkins fyrkins or other vessles by him selfe, nor by his or their owne seruantes, wherby they shall put their bere or ale to sale, but that all suche barrels kilderkins and other vessels of woode, wherewith they shall put their bere or ale to sale, shall from hensforth be made & marked according as hereafter shalbe expressed by the cōmon artificers of coupers exercised & practised in the said occupa­cion, vpon peine to forfaite & pay for euery such barrell kilderkin firkin or other vessel, hereafter to be made cōtrarie to y^e tenor of this act .iii. s. iiii. d.

¶ And be it also enacted, that euery artificer of the craft or misterie of cou­pers, that woll exercise or practise to make any of the saide vessels for bere or ale to be put to saie, shall make the same vesselles and euerye of them of good and seasonable woode, and put his propre marke vpon euerie of them. And that euerie barrell for bere shall conteine .xxxvi. gallons, euery kylderkyn for beere .xviii. gallons, and euery firkin for bere nine gallons of the kinges standerde galon. And that euery barrell for ale shall conteine xxxii. gallons, euery kylderkin for ale .xvi. galons, and euery firkin for ale viii. galons of the kinges standerd galon. So that they shall be of good and iuste measure, or elles aboue and not vnder, And that no couper shall make any other vessell for bere or ale to be solde within this realme of anie greatter or lesser numbre of galons than is abouesaide, oneles he shall cause to be marked vpon euery such vessell, that he shall so make of great­ter or lesser numbre of galons, the true and certaine numbre of as manie galons as euery suche other vessell shall conteine, to thentent that euerie person may knowe the content therof.

¶ And that no suche artificer of coupers shall enhaunce the prices of anye suche barrels kilderkins firkins or other vessels in the sale of them to anie ale brewer or bere brewer or other persone, but kepe the rates of such prices as hereafter ensueth, and not aboue vpon peine to forfaite for euerie bar­rell kilderkin and firkin defectiue or enhaunced in price in any pointe con­trarie to this acte .iii. s. iiii. d. That is to saie for euery bere barrel .ix. d. For euery bere kilderkin .v. d. and for euery bere firkin .iii. d. And the ale barel xvi. d. and the ale kilderkin .ix. d. and the ale fyrkin .v. d.

¶ And be it further enacted by the said auctoritie, that no bere brewer nor ale brewer at anie time after the feaste of Lammas nowe nexte comminge shall put their bere or ale to sale to any person or persons to be spente and occupied within this realme in any other barrelles, kylderkins, fyrkyns, or other vessels of woodde, other then shall be made and marked by an ar­tificer of coupers abouesaide, whereof euery barrell for bere shall conteine and holde .xxxvi. gallons, euery halfe barrell or kilderkin .xviii. gallons, and euery firkin .ix. galons. And euery barrell for ale shall conteine .xxxii. galons, euery kilderkin .xvi. galons, and euery firkin .viii. gallons of full and iuste measure or aboue, and not vnder that measure. And that euery bere brewer and ale brewer shall not take ouer and aboue for euery suche barrell kilderkin or firkin of all and beere, but after suche prices and rates as shall be thoughte conueniente and sufficiente by the discreasions of the Iustices of peace within euery shire, where suche bere brewer and ale brewer shall dwell without anie citie borowe or towne corporate, where no head officers, as mayres, bailiffes, shireffes, and other head officers haue none auctoritie nor rule, & in euery citie borowe and towne where there be maires shiriffes or other head officers, the same rates & prices to be named and cessed by them & euery of them by their discrecions. And that the saide [Page] ale brewers or bere brewers at any time hereafter shall not selle theyr bere nor ale at anie higher rates or prices than shall be to them assigned after the fourme aboue rehersed, vpon peine to lose and forfaite for euery barrell so put to sale contrary to this estatute .vi. s. for euery halfe barrell or kyl­derkyn. iii. s. iiii. d. and for euery firkyn .ii s. and for euery vessell con­teininge greatter numbre of gallons .x. s. and for euerie other vessell con­teynynge lesser number of galons .xii. d. The one halfe of all the which pe­nalties and forfaitures to be to the kynge our soueraigne lorde, and the o­ther halfe to him that will sue for the same, by action of dette byll plaint or informacion in anye of the kinges courtes, in whiche action and suite the defendant shall not wage his lawe, nor anie essoine, protection, or priuilege to be admitted.

¶ Be it also further enacted by the saide auctoritie, that all maner of sope makers within this realme of Englande, whiche shall put to sale any sope by barrell halfe barrell fyrkyn or other vessell, shall from Lammas nowe netxte cōming make or cause to be made their barrels halfe barrels firkins and other vessels accordinge to the rates contentes weightes and assises of olde time vsed and accustomed, that is to saie, euery emptie barrell to holde and conteigne .xxxii. gallons or aboue, and to be in weight .xxvi. poundes, and not aboue of full and iust measure: and euerie halfe barrell empty to be in weight .xiii.li. and not aboue, and to holde and conteine .xvi. galons or aboue: and euery firkin emptie to weie. vi. poundes and an halfe and not aboue, and to holde and conteine .viii. gallons or aboue, vpon peine of forfaiture for euery suche barrell halfe barrell firkin or other vessell here­after to be made had or vsed contrarie to this acte .iii. s. iiii d.

¶ And also be it enacted by the auctoritie aforesaide, that the wardens of thoccupacion or misterie of coupers within the citie of London from hense­forth at all times hereafter whan they shall thinke conuenient & expedient, taking with them an officer of the maires, shall haue full power and auc­toritie by vertue of this acte, to serche vyewe and gage all maner of suche barrelles kylderkins firkins and other vessells to be made or occupied for ale bere and sope to be put to sale within the citie of London, and suburbes of the same, and within two myles compas without the same suburbes, to viewe, and se that the same barrels kilderkins firkins and other vessels, as wel within liberties as without be made and marked wel and sufficiently, and beare and conteine their true contentes rates and measures accordyng to theffect of this estatute: And also to marke euery suche barrell kylder­kin firkin and other vessell by them so viewed and gaged bearing & contei­nyng their true contentes, with the signe & token of saint Antonies crosse. The same wardens to haue for the serche and gaging of euery such barrel kilderkin firkin and other vessell by them so serched viewed gaged & mar­ked one ferthing, and not aboue, of the owners or makers of the said ves­sels. And shall and may haue auctoritie by vertue of this acte to reteyne [Page] euery suche vessell as they shall so gage serche and marke, vnto suche time as they shall be satisfied thereof. And in case they shall fynde any of the saide vesselles defectiue, not bearynge their true contentes, that than by auctoritie of this acte they maie sease take and reteyne euery such vessell, and cause the same to be marked or amended accordinge to the trewe con­tent, or els cause the same to be brenned. And also the partie owner of such vessell to lose and forfaite for euery such vessell not beinge of the full con­tentes after the rate aboue expressed .xii. d. to be recouered and employde as is abouesaide.

¶ And be it further enacted by the saide auctoritie, that in all other cities borowes and townes, wherin no suche wardens of coupers be, that the mayres shyriffes bailiffes constables or other head officers in suche cities borowes and townes shall haue power and auctoritie to serche viewe and gauge all suche barrels kylderkins fyrkyns and other vessels to be made hereafter in any suche citie borowe or towne, and to haue and take all such auauntage therby and in lyke maner and fourme as the wardens of cou­pers within the citie of London or other persons by this acte shulde or may haue or take on euery behalfe.

¶ Prouided alwaies, that euery bere brewer may kepe in his house one or two seruauntes of the misterie or crafte of coupers, to hoope and amende his barrelles kilderkins fyrkins and other vessels, wherein they shall put their bere to sale from time to time, this acte or any thing therin conteined to the contrarie in any wise not withstandynge.

¶ And be it further enacted by the saide auctoritie, that if any personne at any time after the saide feaste of Lammas nexte cumminge, dooe minishe or cause to be minisshed anye maner of barrell kylderkin or fyrkin to the deceite of anie the kinges subiectes by reason of takinge out the head of anie suche vessell, or takinge out of anie staffe out or from anie such vessell, that than euerie suche vesselle to be brente, and thoffender to forfaite for euerie suche offence .iii. s. iiii. d. the one moitie thereof, to be to the kynge our soueraigne lorde, and thother moytie therof to him or theim of the kinges subiectes that woll sue for the same, to be recouered in maner and fourme aboue rehersed. And the partie so offendynge to be further puni­shed by the discrecion of the head officer or officers, before whom such de­faulte shalbe presented.

¶ It is enacted by the auctoritie of this presente parliamente, that not withstandinge anie thinge conteigned in this acte of brewers and cou­pers, whereunto this Cedule is annexed, it shall bee lefull to euerye ale­brewer mencioned in the same acte, to haue and retaine in his seruice one persone of the misterie or crafte of coupers, to exercise in his seruice the crafte of a couper, onlie in bindinge houpinge and pinnynge his maisters ale vessels recited by the saide acte, and in none otherwise to vse or exercise anie makinge of vesselles concerninge the crafte or misterie of a couper, [Page] whiles that he is in the seruice of any ale brewer. Also it is enacted, that euery couper, whiche hereafter shall make anie ale vessell specified in the sayde acte, shall from the feast of Penthecost nexte comminge make euery suche vessell accordynge to the assise specified in the treatise called Composi­tio mensurarum, that is to saie euerie barrell for ale conteine .xxxii. ga­lons of the saide assise or aboue, of the which .viii. gallons make the com­mon busshell to be vsed in this realme of Englande, every kylderkin for ale xvi. galons of the saide assise or aboue, and euerie firkin .viii. gallons of assise or aboue, vpon peine of forfaiture of .iii .s .iiii. d. for euerye of the same vessels by him vntruely made contrary to this acte: the one halfe of the same forfaiture to be to the kinge, and thother to him that will sue for the same by action of dette byll plaint writte or otherwise, In which action none essoyne protection or wager of lawe shall be allowed.

¶ And be it also enacted, that euery couper marke his vessel with his own marke, vpon peyne of .iii. s. iiii. d. to be leuied and recouered after like ma­ner and forme as is aboue saide. And that no maner of person in the serch makynge for the true gaugyng of any suche vessels, shall put out the ale of anie such vessell, wherby the same ale shalbe the worse. And that it shall be lawfull to euery ale brewer to bringe carie and cause to be brought and caried their ale to the householdes of our soueraigne lorde the kynge, the queene, the princes, and to euerie archebyshoppes, bysshoppes, dukes, markesses, Erles, barōs, or other honorable mennes houses in tonnes, buttes, pypes, hoggesheades, or other vessels of greatter or larger quantitie than is expressed in this present act, as before time hath ben vsed in that behalfe. And also it shall be lefull to the saide ale brewers to brynge carie or cause to be brought conueyde or caryed their ale to euerie mans house in barrelles kylderkyns and fyrkyns bearynge and holdyng their trewe contentes ac­cordinge to the purporte and effecte of this present acte, any thynge contei­ned in the same acte to the contrary hereof not withstandinge.

¶ A generall acte concerninge commissions of seweres to be directed in all parties within this realme. v.

OVr soueraigne lorde the king like a vertuous and most gracious prince, nothing erthli so highli weiyng as the aduancyng of the cōmon profite welth & cōmoditie of this his realme, cōsidering the dai­ly gret damages & losses, which haue happened in many & diuers parties, of this his said realme, as wel by the reasō of the outragious flowing surges & course of y^e sea, in & vpon marsh grounds & other low places heretofore through politike wisedome wonne and made profitable for the great common welth of this realme, [Page] as also by occasion of lande waters and other outragious springes in and vpon medowes pastures and other lowe groundes adioyninge to ryuers fluddes, and other water courses: And ouer that by and through mylles myldammes weares fisshgarthes kedels gores gootes fludgates lookes and other impedimentes in and vppon the same ryuers and other water courses, to be inestimable damages of the common wealth of this realme, whiche dailie is likelye more and more to encreace, onlesse spedie redresse and remedie be in this behalfe shortly prouided: wherein all be it that dy­uers and manie prouisions haue bene before this time made and ordeined, yet none of them are sufficiente remedie for reformacion of the premisses, hath therfore by deliberate aduyse and assent of his lordes spirituall and temporall, and also his louinge commons in this presente parliamente assembled ordeyned establysshed and enacted, that commissions of sewers and other the premisses shall be directed in all parties within this realme from time to time, where and whan nede shall require accordinge to the maner fourme tenour and effecte hereafter ensuinge, to suche substanciall and indifferent persons as shall be named by the lord Chancelour and lord Treasorer of England, and the two chiefe Iustices for the tyme beynge, or by three of them, wherof the lorde Chauncellour to be one.

¶ Henry the .viii. &c. Knowe ye that for as muche as the walles dythes bankes gutrures sewers gotes calceies bridges stremes and other defenses by the costes of the sea, and marshe grounde beynge and lyenge within the limittes of. A.B. or C. in the countie of counties of [...] or in the borders or confines of the same, by rage of the sea, flowynge and reflowynge, and by meane of the trenches of freshe waters descendynge and hauynge course by dyuers wayes to the sea, be so dirupte lacerate and broken, And also the common passages of shyppes balengers and botes in the ryuers streames and other fluddes within the limittes of. A.B. or C. in the countie or counties of [...] or in the borders or confines of the same by meane of settinge vp erectynge and makynge of streames mylnes brydges pondes fyshegarthes myl­dammes lokkes hebbynge weres heckes and fludgates, or otherlyke let­tes impedimentes or annoiaunces be letted or interrupted, So that great and inestimable damage for defaute of reparacion of the saide walles dy­ches bankes fenses sewers gootes guttures calceies bridges and strea­mes, And also by meane of settynge vp erectynge makynge and enlar­geynge of the sayde fishegarthes myldammes lockes hebbynge weares heckes fludgates and other lyke annoisances in times paste, hath happe­ned, and yet is to be feared, that farre greatter hurte losse and damage is lyke to ensue, onelesse that spedie remedie be prouided in that behalfe.

We therfore for that by reason of our dignitie and prerogateue royall we be bounde to prouide for the safetie and preseruacion of our realme of En­gland, wylling that spedie remedie be had in the premisses, haue assigned [Page] you and sixe of you, of the whiche we wyll that A. B. and C. shall be three to be our Iustices to suruey the saide walles stremes diches bākes gutters sewers gotes calceis bridges trenches milnes mildammes fludgates pon­des lockes hebbing weres and other impediments lettes and annoisances afore saide, and the same cause to be made corrected repaired amended put downe or refourmed, as case shall requyre after your wisdomes and discrecions, And therein as well ordeine and do after the fourme tenour and effecte of all and singular the estatutes and ordenances made before the first daie of Marche. in the .xxiii. yere of our reigne, touching the premisses or anie of them, as also to enquire by the othes of the honeste and laufull men of the saide shire or shires place or places, where suche defautes or anoisances be, as wel within the liberties as without (by whom the trouth may the rather be knowen) through whose defaute the saide hurtes and damages haue happened, and who hath or holdeth anie landes or tene­ments or cōmon of pasture or profite of fishinge, or hath or maie haue any hurte losse or disauauntage by anie maner of meanes in the saide places, as well nere to the saide daungers lettes and impedimentes, as inhabiting or dwellynge there aboutes by the said walles diches bankes gutters gotts sewers trenches and other the said impedimentes and anoysances. And all those persons and euery of them to taxe assesse charge distreine and pu­nysshe as well within the metis, lymittes and boundes of olde time ac­customed or otherwise as els where within our realme of Englande, after the quantitie of their landes tenementes and rentes by the noumbre of acres and perches, after the rate of euery persones porcion tenure or pro­fite, or after the quantitie of their commune of pasture or profyte of fys­shyng or other commodities there by suche waies and meanes and in such maner and fourme, as to you or .vi. of you, wherof the said A. B. and C. to be three, shall seme moste conuenient to be ordeined and done for redresse and reformacion to be had in the premisses: And also to reforme repayre and amende the saide walles diches bankes gutters sewers gotes calceis bridges streames and other the premisses in all places nedefull: and the same as often and where nede shall be to make newe, And to clense and purge the trenches sewers and diches in all places necessarie, And further to refourme amende prostrate and ouerthrowe all suche mylles streames poundes lockes fysshgarthes hebbynge we [...]res and other impedimentes and anoysaunces aforesaide, as shall be founde by inquision or by youre surueiynge and discreasions to be excessiue or hurtfull. And also to depute and assigne diligente faithfull and trewe kepers bailiffes surueiours collec­tours expenditours and other ministers and officers for the sauetie con­seruacion reparacion reformacion and makinge of the premisses and euery of them, and to here the accompte of the collectours and other my­nisters of and for the receite and leyenge out of the money that shall be le­uied and payde in and aboute, the makynge repayringe reformynge and [Page] amending of the saide walles diches bankes, gutters, gotes, sewers cal­ceis, bridges, stremes, trenches, milles, pondes, lockes, fisshegarthes, fuld gates and other impedimentes and anoysaunce aforesaide. And to distreine for the arrerages of euery suche collection taxe or assesse as of­ten as shall be expedient, or otherwise to punisshe the dettours and detei­ners of the same by fines amerciamentes peines or other like meanes after your good discrecions. And also to arrest and take as many cartes, hor­ses, oxen, beastes, and other instrumentes necessarie, and as many worke men and labourers as for the said workes and reparacion shall suffice, pai­eng for the same competent wages salarie and stipende in that behalfe:

And also take suche & as many trees, wodes, vnderwodes and timber and other necessaries as for the same workes and reparacions shall be suffici­ent at a reasonable price by you or sixe of you, of the whiche we will that A.B. and C. shalbe thre to be assessed or limitted as wel within the limites and boundes aforesaide, as in any other place within the saide countie or counties nere vnto the saide places: and to make and ordeine statutes ordenances and prouisions from time to time as the case shall require for the sauegarde, conseruacion, redresse, correction and reformacion of the premisses and of euery of them, and the parties lieng to the same neces­sarie and behouefull after the lawes and customes of Romney marsshe, in the countie of Kent, or otherwise, by any waies or meanes after your owne wisedomes and discrecions. And to here and determine all and sin­gular the premisses, as well at our suite as at the suite of any other what so euer, complaininge before you or .vi. of you: wherof A.B. and C. shall be three, after the lawes and customes aforesaide, or otherwise by any other waies and meanes after your discrecions. And also to make and direct all writtes preceptes, warrantes, or other commandemētes by vertue of these presentes, to all shiriffes, bailiffes, and all other ministers, officers, and other persons, as well within liberties as without, before you or sixe of you, wherof the said A. B. and C. to be three, at certayne daies, termes, and places to bee prefixed, to be returned and receiued. And further to con­tinue the proces of the same, and finally to doo all and euery thinge and thinges, as shall be requisite for the due execucion of the premisses by all waies and meanes after your discrecions. And therfore we commaunde you that at certeine daies and places, whan and where ye or sixe of you, wherof the saide A.B. and C. to be three, shall thinke expedient, ye do sur­uey the saide walles, fenses, diches, bankes, gutters, gotes, sewers, calceis pondes, bridges, riuers, streames, water courses, milnes, lockes, trenches, fisshegarthes, fludgates and other the letters impedimētes and anoisāces aforesaide, and accomplisshed fulfill here and determine all and singular the premisses in due fourme and to theffecte aforesaide, after your good discrecions: And all suche as ye shall finde negligent gainsaying or rebel­linge in the said workes, reparacions or reformacion of the premisses, or [Page] negligent in the due execucion of this our commission, that ye doo compel them by distresse fines and amerciamentes, or by other punisshementes waies or meanes, whiche to you or sixe of you, wherof the saide A. B. and C. shall be three, shall seeme most expedient for the spedie remedie redresse & reformacion of the premisses and due execucion of the same. And all suche thinges as by you shall be made and ordeined in this behalf, as wel with in liberties as without, that ye do cause the same firmely to be obserued, doing therin as to our Iustices apparteineth after the lawes and statutes of this our realme and according to your wisedomes and discrecions.

Saued alwaies to vs suche fines and amerciamentes as to vs therof shal belonge. And we also commaunde our shireffe or shireffes of our said countie or counties of [...] that they shall cause to come before you or sixe of you, of the whiche A. B. and C. shall be three, at suche daies and places as ye shall appoint to them suche and as many honest men of his or their bailiwicke as well within the liberties as without, by whom the trouth may beste be knowen, to inquire of the premisses. Com­mandinge also all other ministers and officers as well within libertie as without, that they and euery of them shall be attendant to you in and a­boute the due execucion of this our commission. In witnesse wherof we haue caused these our letters patentes to be made. Witnesse our selfe at Westm̄ the [...] day of [...] in the [...] yere of our reigne.

¶ And it is also enacted, that euery suche person as shall be named Com­missioner in the saide Commission, after he hath knowledge therof, shall effectually put his diligence and attendance in and about the execucion of the saide commission. And before he shall take vpon him the execucion of the saide commission, he shall take a corporall othe before the lorde Chan­celer, or before suche to whome the saide lorde chanceler shall directe the kinges writte of Dedimus potestatem, to take the same, or before the Iustices of the peace in the quarter sessions holden in the shire where such commission shall be directed: the tenor of whiche othe hereafter ensueth,

¶ ye shall swere, that you to your counning witte and power shall truely and indifferently execute the auctoritie to you geuen by this commission of Sewers without any fauour affection corruption drede or malice to be borne to any maner person or persones: And as the case shall require ye shall consent and endeuour your selfe for your parte to the best of your knowledge and power to the makinge of suche holsome iuste equall and indifferent lawes and ordinances, as shal be made and diuised by the most discrete and indifferent nombre of your felowes being in commission with you for the due redresse reformacion and amendement of all and euerie suche thinges, as are conteined and specified in the saide commission: and the same lawes and ordinances to your cunning witte and power cause to be put in due execucion, without fauour mede drede malice or affection as god you helpe and all saintes.

And it is also enacted by the auctoritie aforesaide, that all and euery e­statute acte and ordenance heretofore made concerning the premisses or any of them, as well in the time of our soueraigne lorde the kynge that now is, as in the time of any of his progenitours kings of this realme of Englande, not being contrarie to this presente acte, nor here tofore repel­led, from hensforth shall stande and be good and effectuall for euer, and to be put in due execucion according to the trew meaninge and purportes of the same.

¶ And ouer that be it enacted, that the commissioners here after to be na­med in any of the saide commissions according to the purporte and effecte of the same commissions, haue full power and auctoritie to make consti­tute and ordeine lawes ordenances and decrees, and further to dooe all and euery thinge mencioned in the said commission according to the pur­porte effecte wordes and trewe meanynge of the same, And the same lawes and ordenances so made to reforme repell and amende, and make newe from time to time, as the cases necessary shal require in that behalfe.

¶ Prouided alway and it is enacted, that if any person or persons being assessed or taxed to any lot or charge for any landes tenementes or heredi­tamentes within the limittes of any commission hereafter to be directed, do not pay the said lot and charge according to the ordenance and assigne­ment of the commissioners, hauinge power of thexecucion of the sayde commission: by reason wherof it shall happen the said commissioners ha­uing power of execucion of suche commission, for lacke of paiement of suche lotte and charge to decree and ordeine the same landes tenementes and hereditamentes from the owner or owners therof and their heires & the heires of euery of them, to any person or persones for terme of yeres, terme of life in fee simple or in taile for payment of the same lotte & charge, that than euery such decree and ordenance so by them made ingrossed in parchement, and certified, vnder their seales into the kinges courte of Chancerie, with the kinges roiall assent had to the same, shal binde al and euery person and persons, that at the making of the same decree had any interest in suche landes, tenementes, or hereditamentes, in vse possession reuercion or remaindre their heires and feoffes and euery of them, & not to be in any wise reformed oneles it be by auctoritie of parliament hereaf­ter to be sommoned and holden within this realme.

¶ And also it is prouided by auctoritie aforesaide, that the same lawes, ordenaūces and decrees to be made and ordeined by the said cōmissioners or sixe of them by auctoritie of the said commission shall binde as well the landes tenementes and hereditamentes of the kinge our soueraigne lorde as al and euery other person and persones and their heires for suche their interest as they shall fortune to haue or may haue in any landes tenemen­tes, or hereditamentes or other casuall profite aduantage or commoditie what so euer they be, whervnto the sayde lawes ordenances and decrees [Page] shall in any wise extende accordinge to the trewe purport meanynge and intent of the same lawes.

¶ And it is furthermore by the auctoritie afore sayde establisshed and en­acted, that if any maner of person or persōs of what estate or degree so euer he or they be of, that from henseforth doth take vpon him or them to sit by vertue of any of the saide commissions, not being before sworne in fourme as is aforesaide, and accordinge to the tenour of the othe afore specified:

Or if any person so named and sworne doo sitte as is afore said not hauing landes and tenementes or other hereditamentes in fee simple, fee tayle or for terme of life to the clere yerely value of .xl. markes aboue al charges to his owne vse, except he be resiant and fre of any citie borowe or towne cor­porate, and haue mouable substance of the clere value of one hundred poundes, or els be learned in the lawes of this realme in and concerninge the same, that is to saie admitted in one of the foure principall Innes of courte for an vtter barrester, shall forfaite fortie poundes for euery time that he shall attempte so to doo: the one halfe therof to be to our soueraigne lorde the kinge, and the other halfe therof to the vse of him or them that will sue therfore by action of dette bill plaint or informacion in any of the kinges courtes: in whiche action or suite no wager of law shall be admit­ted, nor any essoine or protection shal be allowed. And if any action of tres­pas or other suite shall happen to be attempted againe any person or per­sons for taking of any distresse or any other acte doing by auctoritie of the commission, or by auctoritie of any lawes or ordinaunces made by vertue of the saide commission, the defendant or defendantes in any suche action shall and may make auowrie conisance or iustificacion for the taking of the same distresse, or other acte doing touching the premisses or any of them, alleging in suche aduourie conisance or iustificacion, that the said distresse trespas or other acte, wherof the pleintif complaineth, was done by auc­toritie of the commission of Sewers for lotte or taxe assessed by the saide commission, or for suche other acte or cause, as the saide defendant did by auctoritie of the same commission and accordinge to the tenour purporte and effecte of this present acte made the .xxiii. yere of the reigne of our soue­raigne lorde kinge Henrie the eight without any expressynge or rehersall of any other matter or circumstance conteined in this present acte, or any commission lawes estatutes or ordinances thervpon to be made, whervpō the pleintife shall be admitted to replie, that the defendant did take the said distresse or doo any other acte or trespas supposed in his declaracion of his owne wronge without any suche cause alleged by the saide defendaunte, whervpon the issue in euery suche action shall be ioyned to be tried by ver­dicte of twelue menne, and not otherwise, as is accustomed in other personall actions. And vpon the triall of that issue the whole matter to be geuen on bothe parties in euidence accordinge to the verie trouthe of the same.

And after suche issue tried for the defendant or nonsute of the plaintif after apparance, the same defendant to recouer treble damages by reason of his wrongfull vexacion in that behalfe with his costes also in that parte su­steined, and that to be assessed by the same iurie, or writte to enquire of da­mages, as the cause shall require.

¶ And it is also enacted, that euery of the saide commissioners shall haue and perceiue foure shellinges for euery day that they shall take peyne in the execucion of this commission of Sewers, and one clerke by them to bee assigned .ii. s. for euery day, of the rates, taxes lottes and waynes that shall be assessed or loste by auctoritie of the sayde commission, and to bee leuied and paide by their discrecions. And that the saide commissioners, or sixe of them shall haue power and auctoritie to limitte and assigne of the same rates taxes lottes and waines by their discrecions suche reasonable sommes of money to the saide clerke for writynge of bookes and proces concerning the premisses, and to the collectours expenditours and suche other as shall take paine in the due execucion of the saide commission, as by the discrecions of the saide commissioners or .vi. of them shall bee thought resonable.

¶ Prouided alway that whan so euer and as often as suche Commission, as is afore limitted, shall be made and directed to any person or persons for the reformacion and amendement, of or in any of the premisses specified in the said commission within the fees liberties or possession of the duchie of Lancastre, that than suche commissioners as shall execute any suche Commission shalbe alwaies named and appointed by the discreciō of the lorde Chaunceler and lorde Treasourer of Englande and the sayde two chiefe Iustices of either benche, and the Chanceler of the sayde duchic for the time being, or thre of them, wherof the said lorde Chaunceller and the Chaunceler of the duchie to be two. And that in euery suche case two com­missions shall be awarded and made according to the tenour of the com­mission aboue expressed, one therof vnder the great seale of Englande, and the other vnder the seale of the same duchie, as before time hath ben accu­stomed, any thing afore rehersed in this present acte to the contrary herof not withstanding.

¶ And it is further enacted, that the saide commissions from time to time, as the case shall require, shall be had and obteined without any money or other charge to be paide for the seales or writinge of the same, onelesse it be to the kinge .ii. s. vi. d. for the seale of euery commission, as hath be ac­customed: and for the writing and enrollyng of any one commission .v. s. and not aboue.

¶ And it is further enacted, that euery cōmission to be made by auctoritie of this acte shal endure & continue for the terme of three yeres, nexte after the Teste of the commission. Neuerthelesse after any commission made and deliuered out of the kinges courte of chauncery, the kinges highnes [Page] shall alwaies at his pleasure by his writte of Supersedias, out of his saide court of Chancery, at any time discharge as well euery such commis­sion as euery commissioner that shall be made or named by auctoritie of this acte. After whiche discharge the saide commissioners shall haue no power nor auctoritie to procede in the execucion of their cōmission, nor in any thing by auctoritie of this acte.

¶ Prouided alwaies, that suche lawes actes decrees and ordinances as shall happen to be made by the said commissioners according to the tenour of their commission or by auctoritie of this acte, shall stande good and ef­fectuall and be put in due execucion so long time as their commission en­dureth and no longer: Excepte the saide lawes and ordinances be made and ingrossed in parchement, and certified vnder the seales of the said cō­missioners into the kinges courte of Chancerie and than the kinges royall assent be had to the same: any thinge conteined in this present acte to the contrarie herof notwithstanding.

¶ Prouided also that whan so euer and as often as such commission as is afore limitted shall be made and directed to any person or persons for the reformacion and amendement of or in any of the premisses specified in the said commission within the fees liberties and possessions of the principa­litie of wales, the countie palantine of Chestre, or within the fees liberties and possessions of any other place, where there is libertie and iurisdiction of countie palantine, that in euery suche case two commissions shall be a­warded and made according to the tenor of the commission aboue expres­sed; one therof vnder the great seale of Englande, and the other vnder the vsuall seale of the countie palantine in maner and fourme as is aboue pro­uided for the duchie of Lancastre, any thing afore rehersed in this present acte to the contrarie not withstanding.

¶ And it is prouided and also enacted, that the royal assent limitted to be had vnto the lawes and ordinances to be made by the said commissioners, as is aboue said, shall be certified into the saide courte of Chancerie vnder the kinges priuie seale: And that there shall not any some of money be paide for the same priuie seale, but for the writing of the same certificat vn­der the said priuie seale shalbe paide to the writer theerf .ii. s. and not aboue nor no other nor greater somme for any thing touching or concerninge the same certificat vnder the same priuie seale.

¶ Prouided alwaies, that the chauncellours and such other as shall haue the custodie of the seales of the saide principalitie of wales or the countie Palantine of Chestre, or within the fees liberties and possessions of any other place, where there is libertie and iurisdiction of countie palantine, vpon reasonable request, and vpon the sight of the commission vnder the kinges greate seale of his Chauncerie, shall without delay make out an other commission vnder the seale of the said countie palantine accordynge to the tenor of the kinges cōmission to them shewed vnder his greate seale. [Page] And to those commissioners as shall be named by the lorde Chancellour, lorde Tresourer, and the two chiefe Iustices, or by three of them, wherof the lorde Chanceller to be one, excepte it be within the fees and liberties of the duchie of Lancaster, within whiche fees and lyberties the commissio­ners shall be named and commissions made, as is afore ordeyned by this acte, anie thynge conteyned in the saide acte, or in any prouiso there vnto added and annexed to the contrarye therof not withstandynge. This acte to endure for .xx. yeres.

¶ An acte concernyng before whom recognisances of dettes shalbe made, and the fourme of the obligacion. vi.

FOr as muche as the maires of the Stapull in dyuers places of this realme, where any stapull is kepte, in the presence of the constables of the same stapull before this tyme haue and might laufully take reconisance or knowlege for dettes, one­ly concernynge and touchynge the marchaundise of the same stapull, betwixte marchaunt and marchant of the same stapull, according to diuers laudable estatutes and prouisions before this tyme had ordey­ned and made. Whiche mayres and constables many and sundry times syns the makynge of the same estatute haue taken dyuers recognisances and knowleges of diuers of the kynges subiectes for dettes, surmisynge the same knowlege or recognisance to be made for suretie of paiemente of sommes of money for suche wares as were or ben boughte in the same Stapull: where of trouth the same reconisance dyd not in any wise touch or concerne the marchandise of the same, ne also the parties, that is to say the cognisor ne the cognisee, that did knowlege and take the same reconi­sances, were marchantes of the same stapull: whiche recognisances and knowleges taken in fourme aforesaide are not onely clere contrarie to the trewe meaninge and intente of the same former estatutes, but also therby diuerse great and sundrie inconueniences damages and deceytes do daily ryse and growe to diuers of the subiectes of our soueraigne lorde the king, by reason of the misusynge of the same. And for as muche as the kynges highnes of his most high wysdome perceiueth the mysusyng and execucion of the same to be contrary to the forme of the saide former estatutes, Ther­fore his pleasure is, that some trewe laufull and reasonable bond for surety of paiemet of the saide dettes of his subiectes shall be made and deuised by trewe and iust meanes, whiche in it selfe may and shal purporte right and equttie and also consonant to reason.

¶ In consideracion wherof, by thassent of the kinges highnes, his lor­des spirituall and temporall, and his commons in this present parliament assembled, and by auctoritie of the same, it is enacted ordeyned and sta­blysshed, that from the fyrst day of Apryl nexte comming the chefe Iustice [Page] of the kynges benche and the chiefe Iustice of the common place, whiche nowe be or at anie time hereafter shall be, and euerie of them by him selfe, and in their absence out of the terme the maire of the stapul at Westminster and the recorder of the citie of London for tyme beynge ioyntly to gethers by his or their discrecion shal haue full power and auctoritie to take recog­nisances or knowleges of euery of the kinges subiectes for the paiemente of dettes accordinge to suche forme as here after ensueth.

¶ Nouerint vniuersi per psaesent. me A.B. & D.C. armig. teneri & firmiter obli­gari Iohanni at Style in C. li. sterling. soluend. eidem Iohanni aut suo cert. attor­nat. hoc scriptum ostend. hered. vel execut. suis in tal. fest. &c. proxi. futur. post dat. praesentium. Et sideficero vel deficerimus in solutione debit. praedict. uolo & concedo, vel sic, Volumus & concedimus, quod tunc currat super me haered. & executores meos, vel super nos & quemliber nostrum haered. & execut. nostros poena in statuto Stapulae de debit. pro marchandisis in eadem emptis recuperand. ordinat. & prouis. Dat. tal. die Anno regni regis. &c.

¶ And that euery obligacion that shall be made, as is afore saide, and knowleged before anie of the sayde chiefe Iustices, or the saide maire and recorder accordynge to this acte, shall be sealed with the seale of the partie or parties, that shall recognise or knowlege the same, and also with suche seale as the kinges highnes shall ordeine and appointe for the same, and with the seale of one suche of the said Iustices, or with the seales of the said maire and recorder, & with his or their name or names subscribed, that so shall take the same recognisance or knowlege. And that euery of the saide two Iustices, and the saide maire and recorder shall haue the custodie of one suche seale by the kinges highnes to be appointed, with one lyke print scripture and facion, whiche shall seuerally remaine with them to thentent aboue rehersed.

¶ And further be it enacted by the auctorite aforesaide, that such an honest and discrete person, as shall be assigned by the kinges highnes, or the suf­ficient deputie or deputies of the same person so to be assigned, shall make & write all suche obligacions, as shal be knowleged and recognised by auctoritie of this acte, and shall cause the same obligacions recognised & know­leged in forme as is aboue saide, to be enrolled in two seuerall rolles inden­ted, wherof one shall remaine with suche of the saide Iustices or with the said maire and recorder, that so shall take the same recognisance in fourme aforesaid, and the other rot with the writer therof, appointed for the same. And that the saide person by the kynges highnes to be appointed for ma­kynge wrytinge and enrollynge suche obligacions, or his sufficient deputie or deputies shall be dwellinge or abydinge in the saide citie of London, vpon peine to forfaite for euery time that he and his deputie shall be absent by the space of two daies, ten poundes.

¶ And further it is enacted by auctoritee aforesaid, that the saide person so to be assigned by the kinges highnes to write make and enroll suche obli­gacions [Page] or his sufficient deputie or deputies, at the request of the creditours their executours or administratours shall certifie suche obligacions as shal be taken and recognised by auctoritie of this acte, into the kinges courte of Chancerie vnder the seale of the said person so to be aopointed for writinge making & enrolling such obligaciōs. And thet eueri {per}son & {per}sons, to whom any suche obligacion shalbe made knowleged & enrolled (as is aforesaide) their executours & administratours, & the executours & administratours of euery of them for defaute of paiment of the dettes cōteined in suche obli­gacions shal haue in euery point degree & condicion ayenst the saide recognisor and recognisors and euery of them, their heires executours and administratours, & the heyres executours and administratours of euery of them like proces execucion cōmoditie and aduauntage in euery behalfe, as hath ben vsed and accustomed before this time to be had done or made of and vpon any obligacion of the statute of the stapull, and vnder suche maner and fourme as is for the same statute of the stapull prouided, payenge for suche proces and execucion to be had suche lyke fees as is accustomed for proces and execucion to be had vpon obligacions of the same statute of the stapull and not aboue. And that euery suche person and persones that shall be bounden or otherwise greued by vertue of anie obligacion to be made by auctoritie of this acte, shall haue their lyke remedie by Audita querela, and all other remedies in the lawe, that they mought haue had, in case thei had ben bounden by obligacion of the statute of the Stapull. And that euery suche person and persons that shall haue proces for execution to be had by reason of any suche abligacion to be made and knowleged accordynge to this acte, shall paie to the kinges highnes, his heires or successours at the tyme of ensealynge of the proces for execucion to be had, one halfpeny for euery pounde that shall be conteined in the obligacion, whereof execucion shall be required and not aboue. And that euery suche person and persons that shall happen to haue any execucion of any landes tenements or here­ditamentes by reason of anie such obligacions to be made and knowleged (as is aboue saide) their executours administratours or assignes, and the executours administratours and assignes of euery of them, if they or anie of them ben put out or disseysed, shall haue lyke remedie in euerie pointe & condicion as persons hauing execucion in and vpon any statute of the sta­pull, after execucion to them had, may or might haue by vertue of the said wryting obligatorie of the statute of the stapull and execucion of the same.

¶ And further be it enacted by the auctoritie aforesaide, that euerye of the sayde Iustices and the saide mayre and recorder, before whom any suche obligacions shall be recognised, shall take for euerie knowlege of euerye one suche recognisance .iii. s. iiii. d. and not aboue: And the clerke that shall write make and enroll the same obligacions .iii. s. iiii. d. And for the Certificat of euerie one suche obligacion .xx. d. And if any of the saide Iustices, maire, recorder, or clerke take of any of the kinges subiec­tes [Page] boue the somme or sommes to them limitted by this estatute, that than the saide Iustices maire recorder or clerke, that so shal take contrary to the forme aforesaid, shall forfait for euery time so offending fourtie poundes.

¶ And further it is enacted by the auctoritie aforesaide, that from the said firste daie of Apryll no maire or constable of the Stapull, for the payment of anie somme or sommes of money take any knowlege or recognisance of the saide statute of the stapull, of any of the kinges subiectes, vpō peyne to forfaite for euery time so offendyng .xl. li. The one moitie of all and sin­guler the saide penalties to be to the kinges highnes, and the other moitie to the partie that will sue for the same. For the recouerie wherof the partie that will pursue shall haue his remedie by informacion action of dette bylle or plainte in anie of the kinges courtes: in whiche no essoine protection nor wager of lawe shalbe admitted.

¶ Prouided alwaie, that this acte nor any thinge therin conteyned be in any wise preiudiciall or hurtfull to anie maire and constables of the Sta­pull for anie bonde or writinge of the stature of the stapull to be taken or re­ceiued betwene marchantes being free of the same stapull, for marchandise of the same stapull betwene them laufully bought and solde.

¶ Prouided also and be it enacted by thauctoritie aforesaide, that all reco­gnisances before this time taken before the maire and constables of any of the said stapuls, wherof the sommes now be not paide or otherwise contented laufully auoyded or discharged by the lawe, shall be as good and effec­tuall as though they had ben verily made for marchandise of the same sta­pull and betwene marchant and marchant of the same stapul, and as they shuld haue bene, if this acte had neuer ben had ne made.

¶ An acte that the statutes made for the maintenaunce of the Nauie of this realme shall stande in full strength, and howe Gascoine and frenche wynes shall be brought in, and the same and other wines solde. vii.

WHere for the maintenaunce and good continuance of the Nauye of this realme of Englande it was ordeyned and enacted by a sta­tute made in the .v. yere of the reygne of the right noble kynge Richarde the seconde, that none of the kinges liege people shuld shyppe marchandise in anie other shyppe than in an englyshe shyppe, vpon payne of forfaiture of the saide marchandise so shipped. And after that by an other statute made in the .vi. yere of the saide noble kynge it was enacted, that for defaute of englishe shyppes euery man might ship their mar­chandise in strangers shippes. And after that at a parliament holden at westm̄, in the .iiii. yere of the late noble kinge of famous memorie kynge Henry the .vii. it was ordeined and enacted, that no person shulde carie or bringe any wynes of Gascoyne or Guyon or Toloos Ode into Englande [Page] wales Irelande Calice, or the marches therof, or Barwike, but all only in shippes of England Wales Ireland Calice or the marches therof or Bar­wike: And that the maister & mariners of the same shippes for the moste part of them shuld be of the same countreis, vpon peyne of forfaiture of the said wyne & Ode, as by the said good estatutes more at large is expressed. And not withstandinge the saide good estatutes, yet neuerthelesse the Na­uie of this realme, and the multitude of the shippes of the same, whiche tofore this time hath bene not onely a great defense & suretie to this realme of England in time of warre, but also a high commoditie to al the subiectes of the same for trasporting and conueyance of marchandises in and from this realme, is nowe meruailously decaied and empayred: and by occa­sion therof a greatte multitude of the kinges liege people, whiche were maisters and mariners of shyppes, and by the exercise therof they their wyues and children had their liuinge, be nowe mynyshed and empoue­rysshed in suche wise, that within fewe yeres there shall be fewe englysshe men that shall be experte in the seas, to the great peryll of this realme and decaie of the people of the same, if remedie be not prouided in this behalfe. In consideracion wherof the kinges moste royall maiestie, of his moste excellent goodnes, hauinge tender respecte to the reformacion of the pre­misses, is contented and pleased, that it be enacted by his highnes, and the lordes spirituall and temporall, and the commons in this presente parlyament assembled, and by auctoritie of the same, that the said esta­tutes and euery thinge in them conteined shall stonde in their full strength force and effecte, so that from hensefoorth no persone shall attempte to do contrarie to the tenours of anie of the saide estatutes, vppon the peynes conteyned in the same.

And it is further enacted by auctoritie aforesaide, than no maner of per­son or persons shall discharge and lay on lande out of anie ship or shyppes, or other vessell or vessels any wynes of Gascoyne or Guyon, or any maner of french wynes at any hauen port creke or other place within this realme of Englande Irelande wales or the marches of the same at anie time here after betwene the feastes of saint Michaell the archangell & the purificaciō of our lady, vpon peyne of forfaiture of the saide wynes so brought in and discharged & leyde on lande at anie time hereafter betwene the said feastes contrary to this acte. The one halfe of whiche forfaiture to be to the kinge our soueraigne lorde, & the other halfe therof to such of the kings subiects as shall sease or sue for the same by action of detinue or det after the rate of the value therof by originall writ bill plainte or informacion in anie of the kynges courtes. In which actions and sutes the defendant shal not be admitted to wage his lawe, nor any protection or essoin shalbe allowed.

¶ And it is further enacted by auctoritie aforesaid, that no person after the feaste of the purificacion of our lady, whiche shall be in the yere of our lorde god .M.D.xxxii. shall sell by retayle any of the saide wynes aboue .viii. d. [Page] the gallon, that is to sai a peny the pinte, two pence the quarte, foure pence the pottell, and eyght pence the galon, vppon peine of forfaiture for euerie pynt to be solde aboue the saide price .iiii. d. and for euerie quarte solde a­boue the saide price .viii. d. and for euery pottell so solde aboue the said price xii. d. and for euery galon so solde aboue the saide price afore limitted .ii. s. And that no malmeseis Romeneis sackes nor other swete wyues, after the saide feaste shalbe rateiled aboue .xii. d. the galon .vi. d. potell .iii. d. the quarte and .i. d. ob. the pinte, vpon peine to lose and forfaite .iii. s. iiii. d. for euery gallon .xx. d. for euery pottell .xii. d. for euery quart, and vi. d. for euery pinte, that shall be solde contrarie to this acte.

¶ Prouided alwaie that the lorde Chanceler, lorde Treasourer, lord pre­sident of the kinges moste honorable counsaile, lorde priuie seale, & the .ii. chiefe Iustices of either benche, or .v. iiii. or iii. of them, shall haue power and auctoritie by their discreasions to set the prices of all kinde of wynes, that is to saie of the prices of the butte tonne pype hoggeshead poncheon teers barrell or rondled whan it shall be solde in grosse, so that they or iii. of them cause the prices by them sette to be written, and open proclama­cion therof to be made in the kings courte of Chancery openly in the terme tyme, or elles in the citie borowe or towne where anie suche wynes shall be solde in grosse, any thinge conteined in this acte to the contrary hereof not withstandynge.

¶ And it is further enacted, that if anie personne or persones, after suche prices be sette and put in writinge by the saide lorde Chanceler, lord Trea­sorer, lorde president of the kinges moste honoranle counsaile, lorde priuie seale, and the two chiefe Iustices, or by .v. iiii. or iii. of them, and pro­clamacion therof had as is aforesaide, do sell anie wynes in grosse by anie fraud or couine contrarie to the said prices so set and proclaimed, that than euery offender in that behalfe shal lose and forfaite for euery vessell by them solde in grosse contrarie to the saide prices .xl. s. The one halfe of all which forfaitures to be to the kinge our soueraigne lorde, and the other halfe therof, if it be within any citie borowe or towne corporate, to be to the maires shireffes bailiffes or other head rulers of suche cities borowes or townes corporate: and if it be without citie borowe or towne corporate, than to be to such of the kinges subiectes as wyll sue for the same. And that euery such forfaiture shall be recouered by originall writ of dette byll playnt or infor­macion. In which suite no wager of lawe shalbe admitted nor any protec­tion or essoyne allowed.

¶ And it is also enacted, that the Iustices of peace in euery shire of this presente realme, and all maires shireffes bayliffes and other head officers in cities borowes and townes corporate, that is to saie euerie of them with in the limittes of their commissions and auctorities, as well within fran­ches as without, shall haue power and auctoritie to examine here inquire and determine the defautes of suche as shall attempte to sell anie wynes [Page] in grosse or by retaile contrarie to this acte, And to punisshe the offenders by imprisonment or otherwise by their discrecions.

¶ Prouided alwaie that if it fortune any ship or shippes, vessell, or ves­sels laded with the saide wines of Gascoine, or Guion or frenche wynes at any time hereafter to come to any porte, creke or hauen within this re­alme of Englande, Ireland, wales, or the marches of the same betwene the saide feastes of saint Michaell the archangell, and the purificacion of our lady, and than the vessels conteining the said wines, or the shippe or other vessell or vessels bearing the same, happen to fall in leke, that than it shall be lawfull to the owner or bringers therof, at all times betwene the saide feastes, to discharge the said wines out of any such ship vessel or ves­sels for the sauing of them. So that the said owner or owners of the said wines, so discharging the same, make no sale or other vtterance of them at any time betwene the saide feast of saint Michael, and the said feast of the purificacion of our lady, any thinge conteined in this acte to the contrarie hereof not withstanding.

¶ And where as in the parliament holden at westm̄ in the firste yere of the reigne of kynge Richarde the thirde, amonge other thinges it was e­stablished, ordeined and enacted, that euerie tonne of wine shoulde con­teine. CClii. galons, euery butte of malmesie should conteine .cxxvi. galons euerie pipe .cxxvi. galons, euery tertian er poncheon .lxxxiiii. galons, euery hoggeshed .lxiii. galons, euery teerce .xli. galons, and euery barrell .xxxi. galons and dī, and euery rondlet .xviii. galons and di: And that no vessell should be put to sale till it were gauged, vpon peine of forfaiture, as by the same estatute it doth appere more at large. Neuerthelesse greate disceite is daily vsed in sellyng of wines and oyle in caskes and vessels not bearynge the cōtentes aboue limitted to the great losse of the kinges poore subiectes. For remedie wherof be it enacted by the auctoritie of this present parlia­ment, that the saide estatute made in the first yere of kinge Richarde the thirde, and all other estatutes heretofore made for true gauging and mea­sures of wines, oyles, honie, or any other licours, whiche estatutes before this time be not repelled nor expired, shall stande in their strength and vertue and be put in due execucion according to their tenors and effectes in euery behalfe.

¶ And ouer that be it enacted by auctoritie of this present parliamēt, that euery gaugeour within this realme shall truely and effectually within the limittes of his office gauge all the saide tonnes, buttes, pipes, terces, pon­cheons, tercians, barrels, hoggeshedes and rondlettes, and shall plainly & truely marke vpon the head of euery suche vessell the content of the same, vpon peine to forfaite to the partie, to whose vse the wine, oyle, or other thinge therin beinge shall be solde, foure times the value of that that the vessell so marked shall lacke of his lawfull content aboue written. The same forfaiture to be recouered ouer and besides the costes of the suite by [Page] the kinges originall writte, or by bill in any of the kinges courtes of his common lawes, or in any competente courte hauing iurisdiction in the place, where that offence shall be committed, by action or bill of dette, in whiche action or sute none essoine, protection, nor wager of lawe shall be accepted, admitted, or allowed to the defendant or defendantes. And that euery marchant or other person sellinge the saide wine oyle or other thinge conteined in the saide vessel marked, shall allowe of the price ther­of to the bier of the same for euery quantitie of wine, oyle, or other thing conteined in the saide marked vessels, the full value of the lacke therof, beinge by reason of defaute of full gauge of the vessell, marked, or of de­faute of fillinge the same vessell or by reason of defaute of any of them after the rate of the hole price of the wine, oyle, or other thinge so beinge solde by that vessell marked. And that vpon peine of forfaiture to the same bier the double value of the same vessell and wine, oyle or other thing therin being solde, the same forfaiture to be recouered together with the costes of the sute in maner and fourme as the forfaiture last before written is limitted to be recouered. This acte to continue vnto the laste day of the next parliament.

¶ An acte concerning the amendinge and maintenance of the hauens and portes of Plimmouth, Dartmouth, Temgmouth, Falmouth and Fowey in the counties of De­uonshire and Cornewall. viii.

EIteously sheweth and complaineth vnto the kinge our so­ueraigne lorde, and to the lordes spirituall and temporall, and the commons in this present parliamēt assembled, the inhabitauntes of the townes and portes of Plimmouthe Dartmouth and Teingmouth in the countie of Deuon­shire, Falmouth and Fowey in the countie of Cornewell, that where the saide portes haue ben in time past the principall and most cōmodious hauens and portes within this realme for the rode suertie and preseruacion of shippes resorting from all places of the worlde as well in perill of stormes as otherwise. For where before this time all maner of shippes being vnder the portage of viii. C. tonnes, resortinge vnto any of the saide portes or hauens might at the lowe water easely enter in­to the same, and there lie in suretie what winde or tempest so euer did blowe. By reason wherof not onely a greate multitude of shippes, as well of this realme as of other regions and countries before this time haue ben preserued and saued, but also in time of warre the saide hauens and portes haue ben the greatest fortificacion and defence of that part of this realme and the speciall preseruacion of the greate parte of the Nauie of the same: whiche saide portes and hauens been at this present time in [Page] maner vtterly decaide and distroide by meane of a certaine tinne workes, called Streme workes, vsed by certaine persons with in the saide coun­ties, whiche persons more regardinge their owne priuate lucre than the common welth and suretie of this realme, haue by workinge of the saide streme workes digginge, serching and wasshing of the same nere vnto the fresshe riuers, waters and lowe places, descending and comminge out of the lande towardes and in to the said portes and hauens to the sea, con­ueied by the force of the saide fresshe riuers a meruailous great quantitee of sande, grauell, stone robell, earth, slime, and filthe in the saide portes and hauens, and haue so filled and choked the same, that where before this time a shippe of the portage of .viii. C. as is aforesaide, might haue easely entred at a lowe water into the same, now a shippe of a hundred can scantly entre at the halfe floudde, to the decay and vtter destruction of the saide hauens and portes, and also to the ruine and vtter vndoing of al the good townes within the saide counties of Deuonshire and Cornewall, if remedie be not in that case spedelie prouided. For reformacion whereof be it enacted by the kinge our soueraigne lorde, the lordes spirituall and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, that no person or persons hereafter shall labour or worke, or cause to be labored or wrought in any maner of tinne workes called Streme workes, within the said counties of Deuonshire or Corn­wall nigh to any of the said fresshe waters, riuers, or lowe places descen­ding or hauinge course vnto the saide hauens or portes or any of them, nor shall labour, digge, or washe any tinne in any of the saide tinne workes called Streme workes, onlesse the saide digger, owner, or wassher, shall make or cause to be made sufficient hatches and ties in the ende of their buddels and cordes, and therin put and lay or cause to be put and layde all the sande stones, grauell and robell digged about the inserchinge finding and wasshinge of the saide tinne, there to be wholly and suerlie kepte, by the saide hatches and ties out and from the saide fresshe riuers or water courses or any of them, so that the saide sande, stones, grauell, and robell, ne any parte therof be for lacke of suche hatches or ties conueied into the saide portes and hauens or any of them, vpon peine to forfaite for euerie time, that any owner or tinner shall digge or washe, or cause to be digged or wasshed any tinne contrarie to the fourme aforesaide, ten poundes.

The one halfe therof to be to the vse of our soueraigne lorde the kynge, and the other halfe therof to be to any of the inhabitantes of the said porte townes or hauens that will sue for the same in any of the kinges courtes, by originall writ, bill, plaint, informacion or otherwise, wherin the defen­dant shall not be admitted to wage his lawe, ne any protection or essoine shall be allowable.

¶ And be it further enacted by auctoritie aforesaide, that if any person or persons shal happen to be sued accused, indited, imprisoned, a mercied, con­dempned [Page] or otherwise vexed or troubled in his person landes, tinworkes, goods or cattels by any of the ministers or officers of any the kinges cour­tes of Stannerie, or by any other person or persons for pursuynge or at­tempting any suite or action according to this estatute, againe suche per­son or persons as shall offende contrarie to the fourme aforesaide, that than all suche suites, accusementes, enditementes, imprisonementes acti­ons, condemnacions, fines, amerciamentes, and euery other acte or actes to be done in any of the saide courtes of Stannery, or els where, by any person or persons againe any person or persons for suinge or attemptinge any suites or actions by vertue of this estatute, shall be vtterly voide and of none effecte in the lawe. And that the parties sued, endited, accused, im­prisoned, or otherwise greeued or molested, for pursuinge againe any per­son or persons offending this estatute, shall haue his action and remedie grounded vpon this statute by originall writte, bill, plainte, informa­cion, or otherwise in any of the kinges courtes, againe suche as shall pro­cure or attempte to vexe, trouble, or otherwise molest any such person or persons for suing or pursuing for the forfaitures aforesaide: and shall recouer treble damages in that behalfe. And the partie defendant shall not be ad­mitted to wage his lawe, ne any protection essoine nor priuilege shal be to him allowable. And if it shall happen any person or persons for pursuynge any suite or action vpon this estatute or by occasion of the same hereafter to be imprisoned by any maner person or persons, beyng officers or mini­sters of the Stannerie, their deputies or substitutes, that than euery of the Iustices of peace within any of the counties aforesaide, wherin the saide prisoner shall happen to be committed to prison vpon credible infor­macion, therof taking suertie by his discrecion for apparance of such pri­soner at the nexte generall sessions of peace, shall haue power and aucto­ritie as well to directe his warant to the gailour or keper of the prison, as to any other person or persons, to whom the said prisoner shall be commit­ted vnto, commaunding him or them vpon paine of forfaiture of .xl. li. to deliuer and put at large the saide prisoner or prisoners: whiche if he refuse so to do, than euery such offender shall lose and forfaite the saide .xl. li. the one halfe of whiche forfaiture to be to the vse of oure soueraigne lorde the kinge, and the other halfe to him that is greeued by reason of suche imprisonment, to be recouered in maner and fourme aforesaid: And the defendant in any action or suite for the same shall not wage his lawe, ne haue any essoine or protection allowed. And if it shall appere vppon the apparaunce of suche prisoner at the quarter sessions by examinacion of the Iustices of peace there beinge, that he was imprisoned contrary to the forme of this estatute, that than he shall be forthwith dismissed and therby discharged. And if he were lawfully emprisoned, for any other iuste cause, than to be remaunded to prison by the discrecion of the saide Iustices.

¶ Prouided alway that this acte or any thing therin conteined be n [...]t in any wise preiudiciall or hurtful to any of the officers of the Stannery, ne to any of their lawfull liberties, priuileges, vsages, lawes, or customes, sauinge onely in the cases and prouisions conteined and limitted within this present acte, whiche shall alway be put in execucion accordinge to the tenor of this acte, any vsage custome, priuilege, ordinance or libertie to the contrarie therof notwithstanding.

¶ And it is enacted, that this acte shall beginne to take effecte from the feast of saint Michaell the arcangell next comming, and not before.

¶ An acte that no person shall be cited out the diocese, where he or she dwelleth, except in certaine cases. ix.

WHere great numbre of the kinges subiectes, as well men, wiues, seruantes, as other the kinges subiectes dwelling in diuers diocesses of this realme of England and of wa­les, heretofore haue bene at many times called by Citaci­ons & other processes compulsaries to appere in the arches audience & other high courtes of the archebishops of this realme, farre from and out of the diocese, where suche men, wifes, seruan­tes, & other the kinges subiectes ben inhabitant & dwelling, & many times to answer to surmised and feined causes and sutes of defamacion, withol­ding of tithes and such other like causes and matters, whiche haue been sued more for malice and for vexacion, than for any iuste cause of suite.

And where certificat hath ben made by the somoner, apparitous, or anie suche light litterat person that the partie against whome any suche Cita­cion hath ben awarded, hath be cited or somoned, and there vpon the same partie so certified to be cited or somoned, hath not appered accordinge to the certificat, the same partie therfore hath ben excommunicated, or at the least suspended from all diuine seruice: and thervpon before that he or she coulde be absolued, hath be compelled not onely to pay the fees of the courte, whervnto he or she was so called by citacion or other processe, a­mounting to the somme of .ii. s. or .xx. d. at the least: but also to paye to the somoner apparitour or other light literate person, by whome he or she was so certified to be sommoned, for euery mile beinge distant from the place where he or she than dwelled vnto the same courte, whervnto he or she was so cited sommoned to appere, two pence, to the great occasion of impouerishement of the kinges subiectes, and to the great occasion of mis­behaueour and misliuynge of wiues, women and seruauntes, and to the great impeirement & diminucion of their good names and honesties. Be it therfore enacted by the kinge our soueraigne lorde, with the assente of the lordes spirituall and temporall, and the commons in this presente parliament assembled, and by auctoritie of the same, that no maner person [Page] shall be from hensforth cited or somoned or otherwise called to appere by him selfe or her selfe or by any procuratour before any ordinarie, arche­deacon, commissarie, officiall or any other iudge spirituall out of the Diocese or peculiar iurisdiction, where the person, whiche shall be cited somoned or otherwise (as is abouesaide) called, shall be inhabitinge and dwelling at the time of awarding or goinge forth of the same citacion or somons: except that it shall be for in or vpon any of the cases or causes hereafter written: that is to say for any spirituall offence or cause commit­ted or done, or omitted, forslewed or neglected to be done contrary to right or dutie by the bisshop, archedeacon cōmissarie, officiall or other person ha­uing spirituall iurisdiction, or being a spirituall iudge, or by any other per­son or persons within the Dioces or other iurisdiction, whervnto he or she shalbe cited, or otherwise lawfully called to appere and answere. And excepte also it shall be by or vpon matter or cause of appele, or for other law full cause, wherin any partie shall finde him selfe or her selfe greeued or wronged by the ordinarie, iudge, or iudges of the diocese or iurisdiction, or by any of his substitutes officers or ministers after the matter or cause there firste commensed and begonne, to be shewed vnto the archebisshop or bisshop, or any other hauing peculiar iurisdiction, within whose pro­uince the diocese or place peculiar is: or in case that the bishop or other im­mediate iudge or ordinare dare not nor will not conuente the partie to bee sued before him: or in case that the bisshop of the diocesse, or the iudge of the place, within whose iurisdiction or before whome the suite by this act should be commensed and prosecuted be partie directly or indirectly to the matter or cause of the same suite: Or in case that any bisshop, or any inferi­our iudge hauing vnder him iurisdiction in his owne right and title, or by commission make request or instaunce to the archebisshoppe, bisshoppe or other superiour, ordinarie or iudge, to take, treate, examine, or determin the matter before him or his substitute. And that to be done in cases one­lie where the lawe Ciuile or Canon doth affirme, execucion of suche re­quest or instaunce of iurisdiction to be lawfull or tollerable, vpon peine of forfaiture to euerie person by any ordinarie commissarie, officiall, or sub­stitute by vertue of his office, or at the sute of any personne to be cited or o­therwise somoned or called contrarie to this acte, of double damages and costes for the vexacion in that behalfe susteined, to be recouered againste any suche ordinarie commissarie, archedecon, officiall, or other iudge, as shall awarde or make proces, or otherwise attempte or procure to doo a­nie thing contrarie to this acte, by action of det, or action vpon the case, according to the course of the common lawe of this realme in any of the kinges high courtes, or in any other competente temporall courte of re­corde by originall writte of dette bille or plainte. In whiche action no protection other than suche as shalbe made vnder the kinges greate seale, and signed with his signe manuell, shall be allowed, neither any wager [Page] of lawe nor essoine shall be admitted. And vppon peyne of forfayture for euery person so somoned cited or otherwise called (as is abouesaide) to answere before any spirituall iudge out of the diocese or other iurisdiction where the saide personne so dwelleth, or is residente or abydynge, tenue poundes sterlinge. The one halfe therof to be to the kinge our soueraigne lorde, and the other halfe to anie person that will sue for the same in anie of the kinges saide courtes, or in any other the saide temporall courtes, by wrytte informacion byll or plainte. In whiche action no protection shall be allowed, nor wager of lawe nor essoine shalbe admitted.

¶ Prouided alwaies that it shall be lefull to euerie archebyshoppe of this realme to call cyte and summon any person or persons inhabiting or dwel­lynge in any byshops diocesse within his prouince for causes of heresie, if the byshop or other ordinarie immediate thervnto consente, or if that the same byshop or other immediate ordinarie or iudge do not his duetie in pu­nishement of the same.

¶ Prouided also that this acte maie not extende in anie wife to the prero­gatiue of the moste reuerend father in god the archebyshop of Canturbury, or any of his successours of or for callinge any person or persons out of the diocese where he or they be inhabitinge dwellyng or resident for probate of any testament or testamentes, any thing in this acte conteyned to the con­trary not withstanding.

¶ And be it further enacted by auctoritie aforesaid, that no archebisshoppe nor bisshop ordinarie official commissarie or any other substitute or mini­ster of any of the sayde archebysshops bisshops archedeacons or other ha­uinge anye spirituall iurisdiction, at anie time from the feaste of Easter nexte comminge shall aske, demaunde, take, or receiue of anie of the kings subiectes anie summe or summes of money for the seale of any citacion, af­ter the saide feast to be awarded or opteyned, than onely three pence ster­ling, vpon the peines and penalties before limitted, conteined & expressed in this present acte, to be in lyke fourme recouered as is aforesaide.

¶ Prouided alwaies that this acte be not in any wyse hurtfull or preiudy­ciall to the archabysshop of yorke, nor to his successours, of for or concer­ninge probate of testamentes within his prouince and iurisdiction by rea­son of anie prerogatiue, anye thynge in this acte to the contrary therof not withstandinge.

¶ An acte concerninge feoffementes and assurance of lan­des & tenementes made to the vse of any paryshe churche, chapell, or such lyke. Cap. x.

VVhere by reason of feoffementes fynes recoueries & other estatutes & assurances made of truste of maners landes tenementes and heredy­tamentes [Page] to the vse of parisshe churches chapels church wardens Guildes fraternities comminalties companies or brotherheades erected and made of deuocion, or by common assent of the people without anye corporacion, and also by reason of feoffementes fines recoueries wylles and other actes made to any vses aforesayde, or to the vses and intentes to haue obites per­petuall or a continuall seruice of a prest for euer, or for .iii. score or iiii. score yeres founden ofthissnes and profites of the maners landes tenementes & hereditamentes, wherof suche feoffementes fines recoueries willes and o­ther actes bene made, or that the feffees c [...]isees recouerers or other per­sons and their heires thereof seised, shall take leuie receiue and perceiue or cause or suffre to be taken leuied and perceiued thissues reuennes and pro­fytes thereof, and the same to dispose pay conuerte or otherwise employ or suffre or cause to be disposed payde conuerted or employde to anie suche vses intentes or purposes as bene aboue specified, or to anie other lyke vses or intentes: there groweth and issueth to the kynge our soueraygne lorde; and to other lordes and subiectes or the realme, the same lyke losses and in conueniences, and is as muche preiudiciall to them, as dothe and is in case where landes be aliened into mortmaine. Be it therfore enacted by the kynge our soueraigne lorde, the lordes spirituall and temporall, and the commons in this presente parliament assembled, and by auctoritie of the same, that all and euerye suche vses intentes and purposes of what name nature or quallitie they shalbe called, that shall be deuised couenan­ted made declared or in any wyse ordeyned after the firste daie of Marche in the .xxiii. yere of the reigne of our soueraigne lorde kyng Henry the .viii. by any felfee recouerer or conisee or by any other person or person, to whose vse anie suche feffee recouerer or conisee shall be seased of any manours landes tenementes or hereditaments, or of thissues reuenues and profites of them or anie of them, shalbe vtterly voyde and of no strength vertue nor effecte in the lawe.

¶ Prouided alway that it shall be laufull to euerie persone beynge seased of any manours landes tenementes or hereditamentes to his owne pro­pre vse, or hauinge feoffees recouerees or conisees to his vse, to make or­deyne or deuyse, or cause to be made ordeined or deuised any of the vses in­tentes or purposes aboue specified in suche maner as they moughte haue done afore the makinge of this acte, and as if this acte had neuer be had ne made: So that none suche vses intentes or purposes to be made or­deyned or deuised after the sayde fyrste day of Marche, be not in any wise made ordeined deuised or appointed to endure continue or abyde by anie crafte colour termes sentenses clauses wordes or other meanes, aboue the terme of .xx. yeres nexte after the fyrste makinge and begynning of anie suche vses intentes or purposes.

¶ And it is further enacted, that if any person or persones in defraude of this estatute bynde or ordeyne anie theyr heires or successours or any other [Page] persone or personnes, that they shall suffre suche vses intentes or purposes to endure and continue contrarie to this acte, vpon peines or penalties of losses of anie other landes tenementes or hereditamentes, or of any other thinge or thinges, or do attempte or deuise by anie colour crafte or meanes anie thinge or thinges to make anie suche vses intentes or pur­poses to bee declared, contrarie to the true meanynge of this acte, to continue or abide for anie longer time or season than is aboue limitted for the same: that than euerie suche peine penaltie crafte colour and euerie other thinge and thinges, of what kinde nature or qualitie so euer it bee, that shall be so made ordeyned or deuided in defraude of this acte, shall be vtterly voyde in the lawe to all intentes. And that this estatute shall be alwaies interpreted and expounded as beneficially as maie be to the de­struction and vtter auoiding of suche vses intentes and purposes therein aboue remembred, and of all other lyke vses and intentes otherwise than alonely after suche maner as is afore by this present acte prouided.

¶ Prouided alwaie that in suche cities and townes corporate, where by their auncient customes they haue good and laufull auctorities to deuise into mortmaine the landes tenementes & hereditamentes within the same cities or townes corporate, that this acte shall not be in anie wise preiudici­all or hurtfull to any suche custome.

¶ Prouided alwaie that this acte ne any thynge therin conteyned shall extend or be in anie wise preiudiciall to hinder or empayre any suche ordi­naunces deuises or declaracions of vses, as shall hereafter be made and declared in writinge by the executours of the testamentes and laste wylles of Roberte Iannis and Iohn Terry, late aldermen of the citie of Nor­wiche, nowe decessed, or by the executours or the suruiuour of the execu­tours of eyther of them, of anie landes tenementes or hereditamentes, not amountinge in the holl aboue the clere yerely value of .xl.li. to be em­ployde and conuerted to and for the discharge of Tolles and Customes within the saide citie, and at the gates of the same, for the discharge of poore people within the same citie of Taxes and Tollages hereafter to be assessed and leuyed, and for the clensynge of the streetes of the same citie, or for anie of the saide good purposes, accordinge to the trewe intentes & meanynges of the saide laste wylles and testamentes, and of eyther of them: so that the same ordenances deuises and declaracions be had made and certified in wrytinge into the kinges courte of Chancery within two yeres next ensuynge the feaste of Easter nexte cumminge.

¶ An acte concerninge brekinge of pryson by clerkes conuicte. xi.

VVhere diuers persons being conuicte of murder or felonie, hauing the priuilege of their clergy, and deliuered to the ordinaries, afterwardes [Page] wilfully breke the prisons of the ordinaries and escape their waies, doyng and cōmittinge great horrible and detestable offences, and as hytherto for suche wylfull brekinge of prisons of ordinaries by clerkes cōuicte hath not bene prouyded any great penaltie, whereby they shoulde stande in dred of doinge of the same. Be it therfore enacted by auctoritie of this presente parliament, that if anie clerke conuicte beinge in prison of anie ordinarie, wilfully breake the said prison and escape his waie out of the same, that thā euery suche breakinge of prison and escape shall be from hensfoorth denied and adiudged felonie, and the offender therin shall haue and suffre suche peine of death and penaltie, and losse of his landes and goodes, as for o­ther felonies is accustomed by the lawes of this realme, and shall not in any wise be admitted to haue the priuilege or benefite of his clergie, nor enioye anie saintuarie for the same.

¶ Prouided alwaie that if anie suche offender be within holy orders, that is to saie of the orders of subdeacon deacon or prest hode, that than after he is conuicte of the premisses he shall be deliuered of the ordinarie, there to remaine without anie purgacion.

¶ And it is enacted, that it shall be at the libertie of the ordinarie to dis­grade any suche offender after he is founde gyltie and deliuered to him, as a clerke conuicte, and sende him before the kinge in his benche with letters wytnessinge the saide disgradinge, and thervpon the Iustices of the kinges benche, hauinge the recorde of his conuiction, shall haue po­wer and auctoritie to geue iudgement againe euerie suche offender being conuicte and disgraded, that shall suffre deathe, lyke as they monghte dooe in case the same offender had ben a lay man, and areined and founde gyltie afore them of the saide offence, the delyueringe of suche offender afore to the ordinarie not withstandinge.

¶ An acte for takynge exactions vpon the pathes of Seuerne. xii.

WHere the kynges subiectes passynge vpon the ryuer and water of Seuerne, haue vsed tyme out of mynde to haue and vse a certayne pathe of a foote and a halfe brode on euerie syde of the sayde ryuer for drawinge vp by lynes or ropes their troughes barges botes and other vesselles passinge or repassynge on the saide ryuer of Seuerne with wyne or anye other marchaundyse, without any imposicion taxe or tol to be demaunded of them that so shulde carie wyne in any of the said vessels for the saide passynge and drawynge in the said pathes accustomed, tyll nowe of late certaine couetous per­sons haue pertourbed and interrupted manie of the kinges subiectes, ha­lynge and drawinge vp their vessels in the sayde pathes, takynge of them [Page] fynes and draughtes and dotels of wyne, and yet dayly vse to take, to the distourbance and losse to manie of the kinges subiectes.

¶ Be it therfore enacted by the kinge our soueraigne lorde, and the lordes spirituall and temporall, and the commons in this present parliament as­sembled, that no personne or personnes interrupt by anie obstacle lette or o­therwyse anie personne or personnes passynge or repassinge on and vpon euerie of the saide pathes accustomed, nor also are take or demaunde anie toll called a draught, or bottell of wyne, or anie other taxe or imposicion of anie of the kinges subiectes there goinge in the saide pathes accusto­med, vpon euerie syde of the ryuer of Seuerne there halynge or drawinge then botes troughes or vessels, vpon peyne to forfait for euery time that he or they so shall interrupte any of the kynges subiectes, or axe or take anie suche imposicion, by what name so euer it be called .xl. s. The one half ther­of to be to the kinge our souerayne lorde, And the other halfe to the partie greued, that wyl sue for the same by byll playnt informacion or otherwise, in the which sute no essoyne wager of lawe nor protection shall be allowed.

¶ An acte that men in cities borowes and townes, whiche be clerely worthe .xl. li. in goodes, shall passe in triall of murders. xiii.

FOr as much as triall in murders and felonies in cities boroughes and townes corporate within this realme hauinge auctoritee to procede in the deliuerance of such offenders, bene often times deferred and delayed by reason of chalenge of suche offenders for lacke of suffi­cience of freholde, to the great hynderaunce of Iustice. It may therfore be enacted by auctoritie of this present parliamente, that euerie persone and personnes being the kinges naturall subiecte borne, which either by the name of a citezin or of a free man or any other name dothe enioye and vse the liberties and priuileges of anye citee borough or towne corporate, where he dwelleth and maketh his abode, beynge worthe in mouable goodes and substaunce to the clere value of .xl poundes, be from henseforthe admytted in triall of murders and felonyes in euery sessions and gayles of deliuere to be kepte and holden in and for the libertie of such cities boroughes to townes corporate, Al be it thei haue no freholde, any act statute vse custome or ordinance to the contrarie herof not withstanding.

¶ Prouided alway, that this acte do not extende in any maner of wyse to any knyghte or esquier dwellynge abydynge or resortynge in or to any such citie or borough [...] corporate, any thing in the same act mencioned or decla­r [...]d to the contrary hereof not withstanding.

¶ Proces of outlary to lye in actions of anno. v. R. ii. in couenaunt and annuitie. xiiii.

FOr as muche as there is great delaies in actions of trespas brought vpon the statute of king Richard the second, made in the .v. yere of his reigne, agenst thē that make entrees in to any landes or tenementes, where their entre is not yeuen by the law, And also in actions of annuitie & actions of couenaunt, bicause ther heth no proces of outlary in such nature of actions. For reformacion wherof it maie please the kinges highnes, by the aduise of his lordes spirituall and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, to ordeine and enacte, that lyke proces be had hereafter in euery action from henseforth to be brought vpon the saide estatute of anno quinto, as is in a common action of trespas at the common lawe, and that also lyke proces be had in euery writte of annuitee and couenaunte hereafter to be sued, as in an ac­tion of dette.

¶ An acte that the defendant shall recouer costis ageinst the pleintife, if the pleintife be nonsuited, or if the ver­dicte passe againste him. xv.

BE it enacted by the kynge our soueraigne lorde, and the lordes spiritual and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, that if any person or persons at any time after the feast of the Purificaciō of our lady, in the .xxiii. yere of the reigne of our soueraigne lorde kinge Henrie the viii. cōmense or sue in anie court of recorde or els where in anie other courte, anie action bill [...] or plaint of trespas vpon the statute of kyng Rycharde the seconde, made in the .v. yere of his reigne, for entres in to landes and tenementes, where none entre is geuen by the law, or any action byl or plaint of dette or couenaunt vppon anie especialtee, made to the pleintife or pleintifes, or vpon any contracte supposed to be made be­twene the pleintife or pleintifes, and anie person or persons, or any action byll or plainte of detinue of any goodes or cattels, wherof the playntyfe or plaintifes shall suppose, that the propertie belongeth to them or to any of them, or any action byll or pleynt of accompt, in the which the pleyntife or pleintifes suppose the defendaunte or defendauntes to be their baylyffe or bailiffes, receiuour, or receiuours of their maner mese money or goodes to yelde accompte, or any action byll or plainte vpon the case, or vpon any statute for any offence or wrong personall immediatly supposed to be done to the pleintife or pleintifes, and the pleintife or plaintifes in anie suche [Page] kinde of action, bill, or plaint after apparaunce of the defendant or defen­dauntes be nonsuited, or that any verdicte happen to passe by lawfull trial against the plaintife or plaintifes in any suche action, bill, or pleinte: that than the defendaunt or defendauntes in euery suche action, bill, or pleynt, shall haue iudgement to recouer his costes against euery suche pleintife or pleintifes. And that to be assessed and taxed by the discrecion of the iudge or iudges of the court, where any suche action, bill, or pleint shall be com­mensed sued or taken. And also that euery defendant in suche action, bill, or plaint shall haue suche proces and execucion for the recouere and hauing of his costes against y^e plaintife or plaintifes, as the same plaintif or plain­tifes should or might haue had against the defendant or defendantes, in case that iudgement had been geuen for the parte of the saide pleintife or pleintifes in any suche action, bill, or plaint.

¶ Prouided alway that all and euery suche poore person or persons be­yng pleintife or pleintifes in any of the saide actions, billes, or playntes, whiche at the commensement of their suites or actions be admitted by dis­crecion of the iudge or iudges, where suche suites or actions shall be pur­sued or taken, to haue their processe and counsaile of charitie without any money or fee paiyng for the same, shall not be compelled to pay any costes by vertue or force of this estatute, but shall suffre other punisshement, as by the discrecion of the iustices or iudge, afore whome suche suites shall de­pende, shalbe thought reasonable, any thing afore rehersed to the contrary herof not withstanding.

¶ An acte that no englisshe man shall sell exchange or deliuer to be conueide into Scotlande any horse, gelding, or mare without the kinges licence. xvi.

VVhere before this time diuers of the kinges subiectes, and namely of the Northe parties of this realme, as well in time of peace as of warre, haue solde and deli­uered out of this, realme into Scotland many and di­uers great multitude of horses, geldinges, and mares whiche hath been thought not onely greate occasion strength and boldnes to the Scottishmen, hauinge in possession the same horses geldinges and mares in time of warre to inuade this realme, to the great detriment and hindraunce of the kinges poore subiectes of this his realme, but also a great enfeblyng of the kinges saide subiectes in the defence of the same.

¶ Be it therfore enacted by auctoritee of this present parliament, that if any person or persons after the feast of saint George the martir next com­ming sel, exchāge or deliuer within their realm of Scotlād or in any place or ground called the batable grounde betwene England and Scotland, [Page] to the vse of any Scottisshe man any horse geldinge or mare without li­cence obteined of the kinges highnes by his letters patentes vnder his great seale so to do, or sell exchange or deliuer to any Scottissheman with in this realme of Englande wales the towne of Barwike, or marches of the same or in any of the saide batable grounde, to thentent to be conueied into Scotlande, any horse geldinge or mare without speciall licence ob­teined of the kinges highnes by his letters patentes vnder his great seale so to do: that than the same sale exchaunge or deliuere of suche horse gel­dinge or mare contrarie to this present acte shalbe adiuged and demed by the law felony as well in the seller exchaunger or deliuerer, as also in him or them to whome the same sale exchaunge or deliuere shall be made. And that it shall be leful as well to the warden and wardens of the east west & middell marches for the time being, in their warden courtes, as also to the kinges Iustices of his peace in their quarter sessions in euery shyre of this realme, to enquire, here, and determine all and euery suche felonies, after like maner as is vsed in other felonies at the common lawe, whcther the same sales, exchanges, or deliueres be made had or done by any person or persons contrarie to this acte in the realme of Scotlande or in any parte of the saide batable groundes, or within the realme of England, Wales, Barwike or marches of the same. And that it shalbe lefull to euery person and persons, beyng the kinges subiectes, and inhabityng in the foresaide marches for ayenst Scotlande, to arrest any Scottissheman leadinge or conueiyng any such horse, gelding or mare out of this realme into the said realme of Scotland: and that the moitie or one halfe of the price of the saide horse, geldinge, or mare, shalbe to the vse of the seysour and arrestour of the same after due triall of the same made. And the other moitie to the kinges highnes.

¶ An acte concerning the true winding of wolles. xvii.

BE it enacted by the king our soueraigne lorde and the lordes spirituall and temporall, with the commons in this present parliament assembled, and by auctoritie of the same, that from hensefoorth no maner person ne persons do winde or cause to be wounde any fleesse of wolle beinge not sufficiently riuered or wasshed, no winde or cause to be wounde within any fleesse, clay, leede, stones, sande, tailes, decepteful lockes, cotte, calles, combre, lammes wolle, or any other thinge, wherby the fleesse may be the more weightie, to the disceite and losse of the bier, vppon peine the seller of any suche deciptefull wolles to forfaite for euerie suche fleese .vi. d. the one moitie to the kinge, the other to the finder and prouer of the same disceite, by ac­tion of dette by originall writte bille plaint informacion or otherwise in [Page] any of the kinges courtes, in whiche action no wager of lawe assoyne ne protection shall be allowed for the defendant.

¶ Prouided alway that this acte concerning, r [...]ue [...]ing and wasshinge of any woll shal not in anie wise extende to any shire or shires, the inhabitan­tes wherof hath not customably vsed before this time to riuer or wasshe their sheepe afore they be shorne, nor shall in any wise be hurtfull or preiu­diciall to any person or persons, that hath vsed customablie to sell their wolles by tale or nombre of the fleese or fleeses and not by weight, any thinge in this acte to the contrarie not withstanding. This acte to endure to the next parliament.

¶ An acte concerning pullinge downe and auoiding of fisshgarthes piles, stakes, heckes, and other ingins set in the riuer and water of Ouse and Humbre. xviii.

THe maire, shiriffes, and comminaltie of the citee of yorke & other the kinges true subiectes inhabiting and dwellynge nigh vnto the riuer of Ouse, and the water of Humbre, & all other occupiers of the same riuer and water, lamenta­bly complaininge, shewen vnto our soueraigne lorde the king, the lordes spirituall and temporall and the commōs in this present parliament assembled, that where the saide citie beinge one of the most ancient cities of this realme, hath ben much reliued, maintey­ned, and supported by the saide riuer of Ouse and water of Hūbre, which be the common and directe passage and way from Hull vnto yorke afore­saide, by reason that many shippes, keiles, cogges, and botes, & other ves­sels haue heretofore had their franke passages without let, impedimente, or interruption, in and vpon the saide riuer and water of Ouse and Hum­bre from diuers parties of this realme vnto the said citie, wherby the said citie hath hitherto most chiefly ben aduanced: And now of late certayne persons studieng onely for their owne priuate lucre, not regardinge the common weale, but dayly imagining the vtter distruction ruine & decaie of the saide citie and the countres adioining vpon the said riuer of Ouse and water of Humbre, and occupiers therof, hath and dayly doo kepe pre­serue and mainteine certaine ingins for takinge of fisshe in the saide riuer and water of Ouse and Humbre commonly called fisshegarthes, and set in the saide riuer and water in suche places of the same: where shippes should haue their liberall and direct passage in the middes of the streme of the saide riuer of Ouse and water of Humbre, stakes, piles, and other thinges in and vpon the common passage for shippes, keyles, cogges, botes, and other vesselles at diuers and many places in the saide riuer of Ouse and water of Humbre: by reason whereof not onely the saide ship­pes keiles, cogges botes and other vessels are daily in ieoperdie, and men [Page] children goods & marchandises in the same of late haue bene and dayly be like more to encrese to be drowned slaine and distroied, but also broode and f [...]e of fisshe in the saide riuer and water of Ouse and Humbre be [...]om­monly therby distroied and putrified, to the vtter unpouerisshment and distruction of the saide citie, oneles spedie remedie be in this behalf shortly prouided. Wherfore it may please our saide soueraigne lorde, with the assent of the lordes spirituall and temporall, and the commons in this present parliament assembled, and by auctoritie of the same, that the lord Chanceller of Englande, for the time beyng, by the kinges commission vnder his greate seale, afore the first day of May now nexte comminge shall by his discrecion appoint .viii. sad and discrete persons, wherof .iiii. of them to be of the citizens of the said citie of yorke, and burgens. of the saide towne of Hull, and the other .iiii. to be .ii. of them Iustices of the peace of the west riddinge of the countie of yorke, and the other .ii. Iu­stices of the peace of the East riddinge of the same countie, that they .viii vii. vi. v. or .iiii. of them, wherof two of them to be of the saide citizens and burgens. of the saide citie and towne, and other two to be, one of them Iustice of the peace of the weste riddinge; and the other of the Easte rid­dinge of the saide countie, on this side the firste day of Iune now nexte ensuinge, shall haue power and auctoritie to suruey and se the saide fisshe­garthes, weres, piles, stakes, and other ingins set and made in the said ri­uer and water of Ouse and Humbre: which said persons so assigned shall haue power and auctoritie by vertue of this acte to appoint and assigne by their discrecions the owners of the said fishegarthes, stakes, piles, and other ingins to auoide and pull vp, or cause to be auoided and pulled vp within .xl. daies after suche surueyance made and monicion geuen to the saide owners, euen suche and as muche of the saide fisshegarthes, piles, stakes, heckes, and other ingins, whiche than by their discrecions shall be thought expedient, mete, and conuenient to bee auoided and pulled vp, that the saide shippes, keyles, cogges, botes, and other vesselles, passinge and repassinge on the saide riuer and water of Ouse and Humbre, to or from the saide citee of yorke and towne of Hull, may haue direct liberal and franke passage in through or vpon the saide riuer of Ouse and water of Humbre without any perturbance impediment let or daunger by rea­son of any of the saide fisshegarthes, piles, stakes, or other ingins than left erected and standing in the saide riuer and water of Ouse and Humbre, and that the saide owners on euerie side of the saide fisshegarthes and o­ther ingins nexte to the middell of the saide water streeme and passage of the saide vessels, there to sette or cause to sette within the saide .xl. daies before limitted twoo piles of the lengthe of one yarde ouer and aboue the highe water marke at the full sea of the saide riuer and water of the springe tide, there to bee and remaine, and to bee kepte and repay­red by the saide owners whan neede shall require the same for euer, that [Page] suche persons as shall passe and repasse with shippes keiles rogges and o­ther vessels in the same waters, may haue perfet knowledge and sight of the directe way and passage in the said waters, through the said fisshegar­thes and ingins for the saide shippes keiles botes and other vessels.

¶ And be it enacted by the said auctoritie, that the lorde Chanceler of En­glande, for the time being, at all times after the saide first surueiance, vpon request to him to be made by the mayre and cominaltie of the said citie and towne, or by any other citezen and burgens of the said citee and towne for the time being, or other person by them vnder the common seales of the said citie and towne auctorised, shal haue power and auctoritie by his dis­crecion, to make and directe like commissions vnto .viii. sad and discrete persones, wherof .iiii. of them to be the citezens and inhabitantes of the saide citie and towne, and the other .iiii. to be Iustices of the peace, the one of the west riddinge, and the other of East riddinge of the countie of yorke, not of fee nor reteined with the said citie nor towne, that they .viii. vii. vi. v. or .iiii. of them, wherof two of them shalbe of the saide citie and towne, and the other .ii. Iustice of peace, the one of the Easte riddinge and the other of the west ridding of the said countie, by vertue of the said com­mission, shall and may the saide owners assigne and appoint to pul vp and redresse or cause to be pulled vp and redressed within .xxx. daies after mo­nicion geuen to the said owners by the saide commissioners or by suche of them taking the charge of the execucion of the saide commission suche and as muche of the saide fishegarthes and other impedimentes to be made in the saide waters, to the let disturbance damage or ieorperdi of any shippes keiles botes or any other vessels passinge or repassyng to or from the saide citie of yorke to the saide towne of Hull, as by them shall be thought meete and conuenient.

¶ And further be it enacted by the saide auctoritie, that no maner of per­son or persones within the saide riuer and water of Ouse and Humbre, shall set fis [...]hegarthes or any other ingins to take fisshe withall within the waters aforesaide, but onely with suche nettes and other ingins as shall be of assise and measure, accordinge to the standerd and auncient and laudable customes vsed in the saide riuer and water of Ouse and Humbre, and also to vse the fisshynge within the saide waters all suche times as within the same hath of olde time bene accustomed, and at none other time.

¶ And further be it enacted by the auctoritie aforesaide, that euery of the saide owners and occupiers of suche fisshegarthes for euery monethe offendinge contrarie to this acte, shall forfait .xl. li. And euery other per­son in fisshinge contrarie to this acte offendinge, shall forfaite .x. li. the one halfe of whiche penaltie and penalties to be to our soueraigne lorde the kinge, and the other halfe to the mayre and comminaltie of the saide citie of yorke and their successours, and the same to be recouered againste [Page] euery persone and personnes so offendinge as well by byll informacion or otherwise at the kynges suite as by originall writte of dette at the suite of the saide mayre and comminaltie and their successours, in whiche action the partie defendante shall not wage his lawe, nor haue any protection or essoine allowed.

❧ GOD SAVE THE KYNGE. ❧

An acte concerninge the kinges gracious and free pardon for his spirituall subiectes within the prouince of yorke. Cap. xix.

THe king our soueraigne lorde calling to his blessed & most gracious remembrance, that his good & lo­uing subiectes, the most reuerēd father in god Ed­ward archbishop of yorke, & other bishops suffra­ganes prelates & other spiritual persons of the prouince of the archbishoprich of yorke of this realme of England & the ministers vnder written, which haue exercised practised or executed in spirituall courtes and other spirituall iurisdictions within the sayde prouince, haue fallen and incurred into dyuers daungers of his lawes by thinges done perpetrated and committed contrary to the or­der of his lawes, and specially contrary to the fourme of the statutes of prouisours prouisions and premuntre. And his hyghnes hauyngr alwaies tender eie with mercie pitie and compassion towardes his said spirituall subiectes, mindynge of his highe goodnesse and greatte be­nignitie so alwaies to imparte the same vnto them, as Iustice beynge daiely administred, all rigour be excluded, and the greatte and beneuo­lente myndes of his saide subiectes largely and manie tymes approued towardes his highnesse, and specially at their conuocacion and Synode, holden in the chapter house of the metropolitane churche of yorke by co­respondence of gratitude to them to be requited, of his mere mocion be­nignitie and liberallitie, by auctoritie of this his present parliament, hath gyuen and graunted his lyberall and free pardon to his sayde good and louinge spirituall subiectes and the saide ministers and to euerie of them, to be hadde taken and enioyed to and by theim and euerie of theim by ver­tue of this present acte in maner and fourme ensuynge. That is to wytte The kynges highnes of his saide benignitie and hygh liberallitie in con­sideracion that the said archebyshoppe byshoppes and clergie of the sayde prouince of yorke in theyr sayde Conuocacion haue gyuen and graunted to him a subsidie of eyghtene thousande eyghte hundred fortie poundes and tenne pence of laufull money currant in this realme to be leuied and collected by the saide clergie at their proper costes and charges, and to be payde in certaine fourme specified in their saide graunte therof, is fullye and resolutely contented and pleased, that it be ordeyned established and enacted by auctoritie of this his saide parliament, that the moste reuerende father in god Edwarde archebisshop of yorke metropolitane and prymate of Englande, and all other byshopes and suffraganes prelates abbottes priours and other conuentes, and euery personne of the same conuentes, and conuentes corporate, and euery person of the same conuentes corpo­rate [Page] abbasses prioresses and religious nunnes, and all other religious and spirituall persons deanes and chapters and other dignities of cathederall and collegiat churches prebendaries canons and petie canons vicars and clerkes of the same and euery personne of the same, all archedeacons mai­sters prouostes presidentes wardens of colleges and of collegiate chur­ches, maisters and wardeins of hospitals, all felowes bretherne scholers priestes and spirituall conductes and euery of the same, and all vicars ge­nerall of dioces chauncellours commissaries officials and deanes rurals, & al ministers hereafter generally rehersed of any spiritual court or courtes within the saide prouince of yorke, That is to saie, all iudges aduocates registers and scribes, proctours constituted to iugementes and apparitours and all other, whiche within the saide prouince of the archebyshopriche of yorke at any time heretofore haue administred exercised practised or execu­ted in anye iurisdictions within the sayde prouince as officers and mini­sters of the saide courtes, or haue bene ministers or executours to the exer­cise or administracion of the same. And all and singuler politike bodies spirituall in anie maner of wise corporated, and all persons vicars curates chantrie priestes, stipendiaries, and all & euerie person and persons spi­rituall of the clergie of the saide prouince of yorke, in this presente acte of pardonne hereafter not excepted, or to the contrary not prouided for, by what so euer name or surname name of dignitie preeminence or office thei or anie of them be or is named or called, the successours heires executours and administratours of them and euery of them, shall be by auctoritie of this present pardon acquited pardoned released and discharged ayenste his highnesse his heyres successours and executours and euerie of them of all and all maner offences contemptes and trespaces committed or doone ayenst all and singuler statute and statutes of prouisours prouisions and premunire and euery of them, and of all forfaitures and titles that maie growe to the kinges highnes by reason of any of the same statutes. And of all and singuler trespaces wronges deceptes misdemeanours forfaytu­res penalties and profytes, sommes of money, peines of death, peynes corporall and pecuniar as generally of all other thynges causes quarelles suites iudgementes and execucions, in this presente acte hereafter not ex­cepted nor [...]orprised, whiche may be or can be by his highnes in anie wise or by any meanes pardoned before and to the tenthe daie of the monethe of Marche, in the .xxii. yere of his moste noble reygne to euerie of his said louynge subieetes: That is to saie, to the saide archebishop and other the saide bysshoppes suffraganes prelates abbottes priours and con­uentes and euery person of the same conuentes, and conuentes corporate, and euerie personne of the same conuentes corporate, abbesses prioresses nunnes and spirituall persons in dignitie, and all other religious and spi­rituall persons deanes chapters presidentes prebendaries canons petie canons vicars chorals and clerkes, archedeacons maisters prouostes [Page] presidentes wardens felowes bretherne scholers prestes and spiritual con­ductes chauncellours vicars generall of Dioces commissaries officialles deanes ruralles, all iudges aduocates registers and scrybes proctoures and apparitours, which haue administred practised or executed any iuris­diction in any spirituall courte within the saide prouince, and to the sayde politike bodies spirituall persons vicars curates chantry prestes stipen­diaries, and to al and euery other person and persons spiritual of the clergy of the said prouince, and to al & euery other person & persons before named.

¶ Also the kynges highnes is contented, that it be enacted by auctoritie of this present parliamente, that the saide free pardon shalbe as good and effectuall in the lawe to euery of the saide spirituall subiectes of the saide prouince and to euerie of them and to the saide ministers and euerie of them, and to all and euerie of the saide bodies corporate and other persons before named, and to euery of them by the general wordes before rehersed in all thinge, whiche be not hereafter in this present acte excepted, as the sayde pardon shulde haue bene, if all offences contemptes and forfaitures causes matters sutes quarrels iudgemented execucions penalties and all­other thinges not hereafter excepted bad ben particularly singularly and playnly pardoned named rehersed and specified by propre or expresse wor­des and names in their kindes natures and qualities in woordes and termes there vnto requisite in the saide pardon. And that his saide sub­iectes hereafter not excepted nor any of them their saide ministers succes­sours heires executours nor administratours of any of them nor anie of them, nor any of the saide bodies corporate be nor shall be sued vexed nor inquieted in their bodies goodes landes or cattalles for any maner matter cause contempte misdemeanour forfaiture trespas offence or anie other thinge suffred done or committed before the saide tenthe day of March a­gainste the kinges highnes, his corowne, prerogatiue, lawes, statutes or dignitie, but only for such causes matters and offences as be specially and plainly rehersed in thexcepcions for pryses and prouisions in this presente pardon here after mencioned, and for none other, any statute or statutes lawes customes vse or presidente heretofore made or vsed to the contrarie in anie wise not withstandinge.

¶ Also the kinges highnes of his bounteous liberalitie by auctoritee of this present parliament graunteth and freely geueth vnto his sayde spiri­tuall subiectes and their saide ministers, that is to saie to the saide ache­bisshop and all other the saide bysshoppes suffraganes, prelates, abbottes priours conuentes abbesses prioresses nunnes and spirituall personnes in dignitie, and all other religious and spirituall persons deanes chapters prebendaries canons petie canons vicars chorals and clerkes archedea­cons maisters prouostes presidentes wardens felowes bretherne scholers priestes spirituall conductes chancellours vicars general of dioceses, commissaries officials deanes rurals iudges aduocates registers scribes pro­ctours [Page] and apparitours bodies corporate, and politike bodies spirituall, persons vicars curates chantrie priestes stipendiaries and to al other per­sones spirituall men and women of the clergie or spiritualtie of the sayde prouince and to euery of them al such goodes cattalles fines issues profites amerciamentes forfaitures and summes of money by anie of them forfay­ted, whiche to his highnes do or shulde belonge or apperteyne by reason of any offence contempte mysdemeanour trespas matter cause or quarrel suf­fred done or committed by them or anie of them before the sayde tenthe day of Marche, which be not hereafter specially and plainely forprised and ex­cepted in this present acte of pardon. And that all and euery of the said spi­rituall subiectes and their said ministers, & al and euery of the said bodies corporate and other persons before named may by him selfe or his or their attourney or attourneis accordinge to the lawes of this realme pleade and ministre this present acte and free pardon for his or their discharge of and for euery thinge that is therby pardoned without any fee or other thynge therfore in any wise paienge to anie person or persons for pleadynge wry­tynge or entre of iudgemente or for anie other cause concerninge the same but onely .xii. d. to the clerke that shall entre the plee maltier or iudgement for his or their discharge in that behalfe, any statute or vse to the contrary not withstandynge.

¶ And furthermore the kinges highnes is contented, that it be enacted by auctoritie of this present parlyament, that his saide free pardon in all maner courts of his lawes and els where shalbe reputed demed iudged al­low [...]d and taken as well in the wordes and clauses of thexcepcions and forprises specified in this presente pardone and acte, as in all and singular the other clauses words and sentenses mencioned and rehersed in the said free pardon, moste beneficially and auaylabile to all and singular his sayd subiectes, and to euery of the saide bodies corporate and polotike bodyes spirituall and to euerye person spiritual of the saide clergie and spiritualtie and to their said ministers & officers, and to all other persons afore named and to euery of them, and to the successours heyres executours and admi­nistratours of euery of them, and moste strongelie in barre and discharge ayenst his highnes his heyres successours and executours in euery thinge withoute obstacle chalenge or other delaie what so euer it be, to be made pleded obiected or alleged by the kinge our soueraigne lorde his heyres successours or executours, or by his or anie of their generall attourney or attourneies, or by anie other persō or persons for his highnes or any of his heyres successours or executours.

¶ And furthermore it is enacted by the king our soueraigne lorde, and by auctoritie yf this present parliamente, that if any officer or clerke of any of his high courtes commonly called the kinges benche Chauncery and com­mune place or of his Escheker, or anie other officer or clerke of any other of his courtes within his realme after the feaste of Easter next commyng, [Page] make out or write out any maner of writtes or other processe or any extrac­tes or other preceptes, wherby any person or persons of his said subiectes or any of the saide bodies, corporate or politike bodies spirituall or any of them shall be in any wise arrested, attached, disteined sommoned or other­wise vexed troubled or greeued in his or their bodies landes, tenementes goodes or cattals or in any of them, for or bycause of any maner of thinge acquited, pardoned, released, or discharged by this present acte of free par­don, he so offending, and therof lawfully condompned shall yelde and pay for recompence therof to the partie so greeued or offended treble damages accompted as parcell of those damages all costes of the suite. And neuer the lesse all and singuler suche writtes, processe, extractes and preceptes after the saide feast of Easter nexte coming to be made for or vpon any maner thinge acquited pardoned released and discharged by this present acte of free pardon, shalbe vtterly voide and of none effecte.

¶ Excepte alwaies and forprised out of this pardon all maner of highe treasons, all prepensed and voluntarie murders, all robberies of churches and robberies done vpon or to mennes persons, al other felonies and rob­beries by the common lawe, of felonous taking of money, goodes and cat­telles aboue the value of .xx. s. all felonous brenninge of houses, all car­nall rauisshementes of women, all rasinge of recordes, all outlawries of high treasons, and of all maner of felonies, other than felonies to the said value of .xx. s. or vnder that some. And that al other outlawries had or promulgate vpon or against any of the kinges saide subiectes for any cause not being treason, murder, or felonie aboue the said some of .xx. s. to be par­doned by the generall wordes of this pardon aforesaide. So alwaies that the same saide subiectes and euerie of them so beinge outlawed stande to right to answere or satisfie the partie at whose suite he is outlawed, ac­cording to the lawes of this realme.

¶ Also excepted and forprised out this pardon all titles and actions of Quare impedit, and titles of presentacions, donacions and collacions to benefices and other promocions spirituall, which the king our soueraigne lorde hath or is intitled to haue, other than be growen shoulde or might growe vnto our saide soueraigne lorde by force or meane of any statute or statutes or prouisours, prouisions or premunire.

¶ And also excepted and forprised out of this pardon all rauisshements of the kinges wardes al wastes of the kinges woddes in his forestes, parkes, and chases al conceilmentes of customes & subsidies, all riottes, routes and vnlawful assembles committed & done aboue the nombre of .xx. persons.

¶ And also except al maner of alienaciōs & giftes into mortmain, & al alie­naciōs giftes assignemētes, willes & limitaciōs of vses of am maners lāds tn̄tes, rentes annuites & other hereditamentes to thuse of any maner mortmain, & al intrusiōs had made or done in or into any manours lādes tn̄tes or other hereditametes sithen y^e fest of y^e Natiuitie of our lord god in y^e .xxii [Page] yere of the reigne of our saide soueraigne lorde. And also all offences committed and done by digginge downe or castinge doune of any crosse or crosses, whiche stode, or were set in any common or high waie or waies. And all and singuler dettes other then dettes growē vpon recognisances being all redie forfaited for suretie of the peace, or for apparance at any day or place.

¶ And excepted and forprised out of this pardon all accomptes and all actions suites and imposicions for the same accomptes and arrerages of accomptes and for the saide dettes or anie of them hereby excepted and forprised, all homages and relieffes, all wilfull escapes as well of conuic­tes as of other persons, dettes whiche were due to the moste noble kynge of famous memorie king Henrie the .vii. or to any person or persons to his vse by any condemnacion recognisance obligacion or other wise, all and singuler those forfaitures due to our soueraine lorde the king Henrie the .viii. by any penall statute or statutes, whiche be conuerted in to the nature of dette by iudgement or by agrement of the offendours before the saide tenthe day of Marche: and all forfaitures and other penalties and profites growen or due by reason of any offence or acte committed or done contrarie to any statute or statutes, or contrary to the common law, wher­of any seisour is made, or any informacion giuen into the kinges Escheker or any sute commenced before the same tenth daie of Marche, or where­of the kinges highnes by his bill assigned, or otherwise hath made any gifte or other assignement to any of his seruantes other then suche actions fuites, forfaitures, penalties, and profites growen or due, or which might growe or be due to the kinges highnes by reason of any offence contempte or acte committed or done contrarie to the saide statute of prouisours pro­uisions and premunire or any of them.

¶ And also excepted all issues forfaited fines and amerciamentes affered taxed set extreted or iudged seuerally or particularly extendinge aboue the somme of Cxx. s. And that all and singular other fines as well fines pro­licencia concordandi as other, and all other issues and amerciamentes as well reall as other, forfaited before the said .x. day of Marche, which seue­rally or particulerly extende not aboue the saide summe of .cxx. s. whether they be totted or not totted taken to the charge of the shireffe, or not taken to his charge, extreted or not extreted, whether they be turned into det or not det, and not being leuied nor receiued by any shireffe or shireffes bay­liffes, ministers, or other officers shalbe fully clerely and playnly pardoned and discharged to euery of the kinges subiectes before rehersed, againste the king our soueraigne lorde his heires and successours for euer.

¶ And it is further enacted by auctoritie aforesaid, that in case it be obiec­ted to any shireffe or shireffes or other accōptantes in the kinges courte of his Escheker, or in any other his courtes, that any shireffe or shireffes or o­ther officers accōtantes hath or haue receiued or takē any such fines issues [Page] or amerciamentes before pardoned, released or acquited: that than euery suche shiriffe and shiriffes and other accomptantes shall be discharged re­leased pardoned and acquited therof by his or their othe without any fur­ther triall in that behalfe.

¶ Prouided alwaie that this acte of free pardon shall not extende or be in any wise beneficiall to any clerke or other person of the saide clergie or spi­ritualitee, being the said tenthe day of Marche in the custodie of the sayde archebisshop, or of any other ordinarie of the saide prouince, as a person at­tainted or conuicted by the lawes of this realme of anie murder, felonie, or other crime or offence for or concerninge deliueraunce out of the conuicte person, till that he shall haue made his purgacion according to the lawes or customes vsed in that behalfe, or that he be therof discharged by the kinges pardon or other lawfull meane.

¶ Prouided also that this acte of pardon shall not extende nor be preiudi­ciall to the kinge our soueraigne lorde his heires or successours in anie thing concerning or touching his right and title of dissolucion of the col­lege being in the vniuersite of Oxford commonly called the cardinals col­lege, whiche was lately founded by the late reuerende father in god Tho­mas late Cardinall and archebishop of yorke, nor concerninge the kinges right and title to the suite of the same college. Nor shall extende or be in a­nie wise beneficiall or auaylable to the deane and canons of the same col­lege or any of them in any thinge concerninge the kinges rightes and ti­tles in al manours, lordeshippes, landes, & tenementes, aduousons, chur­ches, pesonages, and other hereditamentes of the saide college or any of them.