action, plaint, bill or information for the King and Queen's majefties, her heirs and fucceffors only, or for them and the party, as the party plaintiff in any other action fhould or might have by virtue of the fame act, in fuch form and condition to all intents and purposes, as if fuch actions or fuits for the King had been fpecially and particularly mentioned and declared in the faid act. Punishment of fuch as take &c. within fix CAP. VIII. An act for the punishment of fuch as fhall take away maidens that be inheritors, being within the age of fixteen years, or that marry them without confent of their parents. WHERE maidens and women, children of noblemen, gentle men and others, as well fuch as be heirs apparent to their away maidens, ancestors, as others, having left unto them by their father, or other teen years of ancestor and friends, lands, tenements and hereditaments, or other age, &c. great fubftances in goods and chattels moveable, for and to the intent to advance them in marriage, fomewhat like according to their degrees and as might be most for their furety and comfort, as well for themselves as of all other their friends and kinsfolks, be oftentimes unawares to their faid friends or kinsfolks, by flattery, trifling gifts and fair promifes, of many unthrifty and light perfonages, and thereto by the intreaty of perfons of lewd demeanour, and others that for rewards buy and fell the faid maidens and children, fecretly allured and won to contract matrimony with the faid unthrifty and light perfonages, and thereupon either with feight or force oftentimes be taken and conveyed away from their faid parents, friends or kinsfolks, to the high difpleasure of Almighty God, disparagement of the faid chil dren, and the extream continual heaviness of all their friends: Which ungodly dealing, for lack of wholfome laws to the redress thereof remaineth a great, familiar and common mischief in this our 3 Mod. 168, commonwealth. II. For remedy whereof, be it enacted by the King and Queen's majefties, the lords fpiritual and temporal, and the commons, of this prefent parliament affembled, and by the authority of the fame, That it shall not be lawful to any perfon or perfons to take or convey away, or caufe to be taken or conveyed away, any maid or woman child unmarried, being under the age of fixteen years, out of or from the poffeffion, cuftody or governance, and against the will of the father of fuch maid or woman child, or of fuch perfon or persons to whom the father of fuch maid or woman child, by his last will and teftament, or by any other act in his life-time, hath or fhall appoint, affign, bequeath, give or grant the order, keeping, education or governance of fuch maid or woman child, except fuch taking and conveying away as fhall be had, made or done, by or for fuch perfon or perfons, as without fraud or covin be or then shall be the mafter or mistress of such maid or woman child, or the guardian in focage, or the guardian in chivalry, of or to fuch maid or woman child. III. And be it further enacted by the authority aforefaid, maid under That if any person or perfons above the age of xiv. years, fhall The penalty from and after the first day of April next coming unlawfully take for taking a or convey or cause to be taken or conveyed, any maid or wo- xvi. years of man child unmarried, being within the age of xvi. years, out age. of or from the poffeffion and againft the will of the father or mother of fuch child, or out of or from the poffeffion and against the will of such person or persons as then shall happen to have, by any lawful ways or means, the order, keeping, education or governance of any fuch maiden or woman child; that then every fuch perfon and perfons fo offending, being thereof lawfully attainted or convicted by the order and due courfe of the laws of this realm (other than fuch of whom such person taken away fhall hold any lands or tenements by knights fervice) 2 Mod. 128. fhall have and fuffer imprisonment of his or their bodies, by the space of two whole years, without bail or mainprise, or else fhall pay fuch fine for his or their faid offence, as fhall be affeffed by the council of the Queen's highness, her heirs or fucceffors, in the ftar-chamber at Westminster. IV. And be it further enacted by the authority aforefaid, The penalty That if any perfon or perfons, after the faid day, shall so take for taking aaway, or caufe to be taken away as is aforefaid, and deflower way, deflower, any fuch maid or woman child as is aforefaid, or fhall against ing or conthe will, or unknowing of or to the father of any fuch trimony with maid or woman child, if the father be in life, or against the a woman unwill or unknowing of the mother of any fuch maid or wo- der xvi. years of age. man child, (having the cuftody or governance of such child, if the father be dead) by fecret letters, meffages, or otherwife contract matrimony with any fuch maiden or woman child, except such contracts of matrimony as shall be made by the consent of fuch perfon or perfons, as by the title of wardship shall then have or be intituled to have the marriage of fuch maid or woman child; that then every such perfon or perfons fo offending, being thereof lawfully convicted, as is aforefaid, fhall fuffer imprisonment of his or their bodies, by the space of five years, without bail or mainprife, or elfe fhall pay fuch fine for his or their faid offence, as fhall be affeffed by the faid council in the faid ftar-chamber; (2) the one moiety of all which forfeitures and fines fhall be to the King and Queen's majefties, her heirs and fucceffors, the other moiety to the parties grieved. the offences V. And be it further enacted by the faid authority, That the Who may hear King and Queen's highness honourable council of the ftar- and determine chamber, by bill of complaint or information, and justices of aforefaid. affife by inquifition or indictment, fhall have authority by virtue of this act to hear and determine the faid offences; (2) upon every which indictment and inquifitions, fuch process shall be awarded and lie, as upon an indictment of trefpafs at the common law. The forfei VI. And further be it enacted by the authority aforefaid, ture of a woThat if any woman child or maiden, being above the age of man confenttwelve years, and under the age of fixteen years, do at any ing to an ur time confent or agree to fuch perfon that fo fhall make any con- lawful con tract tract. 3 Mod. 84. Orders for orphans. tract of matrimony, contrary to the form and effect of this ftatute, that then the next of the kin of the fame woman child or maid, to whom the inheritance fhould defcend, return or come, after the decease of the fame woman child and maid, fhall from the time of fuch affent and agreement have, hold and enjoy all fuch lands, tenements and hereditaments, as the fame woman child and maiden had in poffeffion, reverfion or remainder, at the time of fuch confent and agreement, during the life of fuch perfon that fhall fo contract matrimony: (2) And after the decease of such person so contracting matrimony, that then the faid lands, tenements and hereditaments, fhall de. scend, revert, remain, and come to fuch perfon or perfons as they should have done in cafe this act had never been had ne made, other than to him only that so fhall contract mati imony. VII. Provided always, and be it enacted, That this act, nor any thing therein contained, fhall extend to take away or diminish any liberty, custom or authority, touching or concerning any orphan or orphans, which now be or hereafter fhall be within the city of London, or any other city, borough or town, where orphans are commonly used to be provided for, either by grant or by cuftom, but that the lord mayor of the faid city of London, and the aldermen of the fame for the time being, and all and every other head officer or officers of any other city, borough or town, where fuch orphans be provided for, fhall and may have and take like rule, order, keeping and charge of fuch orphan and orphans and of all their lands, tenements, goods and chattels, as heretofore they or any of them lawfully had or ufed, or lawfully might have had and used, if this had not been made. CAP, IX, The statutes made anno 22 H. 8. c. 7. anno 23 H. 8. c. 3 & 17. anno 24 H. 8. c. 9. anno 28 H. 8. c. 6, 8, 9. anno 31 H. 8. c. 7. anno 35 H. 8. c. 17. anno 37. H. 8. c. 23. anno 2 & 3 Ed. 6. c. 9. anno 3 & 4 Ed. 6. c. 19, & 21. anno 5 & 6 Ed. 6. c. 14. anno 7 Ed. 6. c. 11. anno i Ma. feff. 2. C. 12 & 13. anno 1 & 2 Ph. & Ma. c. 3 & 16. anno 2 & 3 Ph. & Ma. c. 2, 3, 5. fhall be revived, and made to continue until the last day of the next parliament. CAP. X. A confirmation of a fubfidy of eight fhillings in the pound, granted by the clergy to the King and Queen, to be paid in four years. EXP. CA P. XI. An act of a fubfidy and one fifteen, granted by the temporality. EXP. Anno Anno primo Reginæ ELIZABETHÆ. Vide Dyer 203. que ceft commence le At the parliament begun at Westminster the XXV. 4 Inft. 7. day of January, in the first year of the reign of our fovereign Lady Elizabeth, by the Grace of parliament God, of England, France and Ireland, Queen, 25 jour. defender of the faith, &c. And then and there The older holden, kept and continued until the diffolution of it the twentythe fame, being the eight day of May then next enfuing, were enacted as followeth. CAP. I. An act to restore to the crown the ancient jurifdiction over the estate ecclefiaftical and spiritual, and abolishing all foreign powers repugnant to the fame. MOST editions have third. and revivor of OST humbly beseech your most excellent Majesty, your faithful All ancient juand obedient fubjects, the lords fpiritual and temporal, and rifdiction rethe commons, in this your prefent parliament assembled, That where in stored to the time of the reign of your most dear father, of worthy memory, King crown. Henry the Eighth, divers good laws and ftatutes were made and established, as well for the utter extinguishment and putting away of all ufurped and foreign powers and authorities out of this your realm, and other your Highness dominions and countries, as alfo for the restoring and uniting to the imperial crown of this realm, the ancient jurif dictions, authorities, fuperiorities and pre-eminences to the fame of right belonging or appertaining, by reafon whereof we your most humble and obedient fubjects, from the xxv. year of the reign of your A repeal of difaid dear father, were continually kept in good order, and were dif- vers ftatutes, burdened of divers great and intolerable charges and exactions before others, and all that time unlawfully taken and exacted by fuch foreign power and au- foreign power thority as before that was ufurped, until fuch time as all the faid good abolished. laws and ftatutes by one act of parliament made in the first and fecond 1 & 2 Ph. & M. years of the reigns of the late King Philip and Queen Mary, your Highness fifter, intituled an act repealing all ftatutes, articles and provifions made against the fee apoftolick of Rome fince the twentieth year of King Henry the Eighth, and also for the establishment of all fpiritual and ecclefiaftical poffeffions and hereditaments conveyed to the laity, were all clearly repealed and made void, as by the fame act of repeal more at large doth and may appear; by reafon of which act of repeal, your faid humble fubjects were eftfoons brought under an ufurped foreign power and authority, and do yet remain in that bondage, to the intolerable charges of your loving fubjects, if fome redress (by the authority of this your high court of parliament, with 1. Roll. 162. the affent of your Highness) be not had and provided: II. May it therefore please your Highness, for the repreffing of c. 8. Het. 121. A repeal of A revivor of the statutes hereafter fpecified, viz. 23 H. 8. c. 9. 24 H. 8. c. 12. 25 H. 8. £. 20. not printed in the former editions. 25 H. 8. c. 19. 25 H. 8. c. 20. 25 H. 8. C. 21, 26. H.8. C. 14' of the faid ufurped foreign power, and the restoring of the rites, jurifdictions and preheminences appertaining to the imperial crown of this your realm, that it may be enacted by authority of this prefent parliament, That the faid act made in the faid firft and fecond years of the reigns of the faid late King Philip and Queen Mary, and all and every branches, claufes and articles therein contained (other than fuch branches, claufes and fentences, as hereafter fhall be excepted) may from the last day of this feffion of parliament, by authority of this present parliament, be repealed, and fhall from thenceforth be utterly void and of none effect: III. And that also for the reviving of divers of the faid good laws and ftatutes made in the time of your faid dear father, it may also please your Highness, That one act and statute made in the xxiij. year of the reign of the faid late King Henry the Eighth, intituled, An act, That no perfon fhall be cited out of the diocefs wherein he or the dwelleth, except in certain cafes. IV. And one other act made in the xxiv. year of the reign of the faid late King, intituled, An act, That appeals in fuch cafes as hath been used to be purfued to the fee of Rome, fhall not be from henceforth had ne used, but within this realm : V. And one other act made the xxv. year of the said late King, concerning restraint of payment of annates and first-fruits of archbishopricks and bishopricks to the fee of Rome: VI. And one other act in the faid xxv, year, intituled, An act concerning the fubmiffion of the clergy to the King's majefty: VII. And also one act made in the faid xxv. year, intituled, An act restraining the payment of annates or firft-fruits to the bishop of Rome, and of the electing and confecrating of archbishops and bishops within this realm: VIII. And one other act made in the faid xxv. year, intituled, An act concerning the exoneration of the King's fubjects from exactions and impofitions heretofore paid to the fee of Rome, and for having licences and difpenfations within this realm, without fuing further for the same: IX. And one other act made in the xxvi, year of the said late King, intituled, An act for nomination and confecration of fuffragans within this realm: X. And also one other act made in the xxviij. year of the 26 H. 8. C. 16. reign of the faid late King, intituled, An act for the release of fuch as have obtained pretended licences and difpenfations from the fee of Rome; (2) and all and every branches, words and fentences in the faid feveral acts and ftatutes contained, by the authority of this prefent parliament, from and at all times after the last day of this feffion of parliament, fhall be revived, and shall The fentences ftand and be in full force and ftrength, to all intents, conftrucand branches tions and purposes: (3) And that the branches, fentences and in the afore- words of the faid feveral acts, and every of them, from thencefaid ftatutes forth fhall and may be judged, deemed and taken to extend to your Highness, your heirs and fucceffors, as fully and largely as ever fhall extend to the Queen. the |