fion, lease and leafes, fees, annuities, offices, rents, services, commons, profits, commodities, easements, actions, fuits, demands thing and things whatsoever, which they or any of them fhould, might or ought to have had, into or out of any of the premiffes, before the making of this act, in like and in the fame manner, form and condition, to all intents, conftructions and purposes, as if this act had never been had or made; any thing in this act to the contrary in any wife notwithstanding.

to be annexed

VIII. Provided always, and be it enacted by the authority Certain lands aforefaid, That this act, or any thing or things therein con- excepted tained shall not in any wife extend to enable or give any liber- which are not ty to our faid fovereign lord and lady the King and Queen, to the duchy nor to the heirs and fucceffors of our faid fovereign lady the of Lancaster. Queen, to unite and annex to the faid duchy of Lancaster, by their letters patents, any honours, caftles, lordships, manors, lands, tenements or hereditaments, being any part or parcel of the antient inheritance of the crown, or of the principality of Wales, or of the duchy of Cornwall, or of the earldom of Chefter, or any their honours, castles, lordships, manors, lands, tenements or hereditaments, fet, lying or being within the counties of Chester and Flint or either of them; nor to give, annex or affign to the faid duchy of Lancaster, any honours, caftles, lordships, manors, lands, tenements or hereditaments, exceeding and amounting in the whole above the yearly value of two thousand pounds; any clause, article or thing in this act rehearsed, contained or fpecified to the contrary thereof in any wife notwithstanding.

IX. Provided always, and be it enacted by the authority This laft fection aforefaid, That the farms, rents, fuits and fervices of fuch and is not upon the as many of the faid manors, lands, tenements and heredita- roll. ments mentioned in this act, belonging to the duchy of Lancafter and county palatine of Lancaster or to either of them, fhall be answered and paid in the court of the duchy chamber at Westminster, or to the receivers general and other ministers of the fame court, in like manner and form as heretofore have been ufed and accustomed; (2) and that all leafes hereafter to be made of any the fame manors, lands, tenements or hereditaments belonging to the faid duchy shall be made under the feal of the duchy of Lancaster, in like manner and form as heretofore have been used; this act or any thing therein contained to the contrary thereof in any wife notwithstanding.

CAP. XXI.

The ftatutes made Anno 22 H. 8. c. 7. 23 H. 8. c. 3 & 17. 24 H. 8. c. 9• 28 H. 8. c. 6, 8, 9.′ 31 H. 8. c. 7. 35 H. 8. c. 17. 37 H. 8. C. 231 2 & 3 Ed, 6. c. 9. 3 & 4 Ed. 6. c. 19 & 21. 5 & 6. Ed. 6. c. 14. 7 Ed. 6. c. 11. 1 M. feff. 2. c. 12 & 13. ‡ & 2 P. & M. c. 3. revived, and made to continue until the laft day of the next parliament.

САР.

CAP. XXII.

A confirmation of a fubfidy of fix fhillings in the pound, granted by the clergy to the King and Queen, to be paid in three years. EXP.

CAP. XXIII.

A confirmation of a fubfidy granted to the King and Queen by the temporalty. EXP.

Anno quarto & quinto Philippi & Mariæ.

ACTS made at a parliament begun and bolden at Westminster the one and twentieth day of January in the fourth and fifth year of the reign of our fovereign lord and lady Philip and Mary, by the grace of God, King and Queen of England, Spain, France, both the Sicilies, Jerufalem and Ireland, defenders of the faith; princes of Spain and Sicily; archdukes of Auftria; dukes of Milain, Burgundy and Brabant; counties of Hafpurg, Flanders and Tyroli: And there continued and kept until the feventh day of March then next following, were enacted as followetb.

CAP. I.

An act for confirmation of letters patents. Confirmation of all letters patents, &c. made by the King and Queen, or by the Queen, fince the 7th of July, 1 M. or to be made seven years after, &c. other perfons rights faved. Defects in the letters patents faved. Patents of offices. Twenty years purchase fhall be paid by the patentee for the overplus of lands fold by the King and Queen. Exception of leafes made whereupon the old rent is not referved; patents of lands concealed. Letters patents made to the mafter of the Savoy. A confirmation of the affurance of the manor of Southwell. Confirmation of letters patents by feveral statutes, viz. 34 & 35 H. 8. C. 21. 18 El. c. 2. 43 El. c. J.

CAP. II.

So much of every statute heretofore made as doth concern only the finding or keeping of horse or armour, and every penalty and forfeiture touching only the fame, fhall be repealed. What number, rate and proportion of horses, armour and weapons, each person is bound and chargeable to keep in any refpect, or for any caufe. Repealed by 1 Jac. 1. C. 25. f. 47.

CAP. III.

An act for the taking of muflers. WHERE heretofore commandment hath been given by the King and Queen's majefties, and other the progenitors of the Queen's majesty, Kings of this realm, to divers and fundry perfons, to mufter their Majefties people and fubjects of their realm of England, and to levy a number of them for the fervice of their Majefties, and

of

mufters, &c.

in war.

of this realm, in their wars, fuch as were most able and likelieft to for not apferve well in the fame: (2) which fervice hath been greatly hindered, pearing at as well for that a great number hath abfented them from the faid Several caufes mufters, which ought to have come to the fame, as alfo for that many of hinderance of the most able and likely men for that fervice have been through of due ferving friendship or rewards releafed, forborn and discharged of the faid in fervice; (3) and fome other not being able or meet, taken, appointed and chofen thereunto, and yet the fame difability and unaptness notwithstanding, the fame unable and unmeet perfons, upon fums of money, or other kind of rewards or exactions by them paid to fome fuch as had the order of the faid musters, have been also releafed and difcharged of the faid fervice, to the great impoverishment of the fubjects, and chiefly to the great peril and danger of this noble realm, in the hindrance of the true and neceffary fervice thereof:

·

II. For remedy whereof, be it enacted by the King and Queen our fovereign lord and lady, with the affent of the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by the authority of the fame, That if any perfon or perfons, that fhall be commanded at any time. hereafter generally or specially to mufter afore any fuch as fhall have any authority or commandment for the fame, by or from the King and Queen's majesties, or by the heirs or fucceffors of the Queen's majesty, or by any lieutenant, warden, or other perfon or perfons authorized for the fame, do willingly absent him or themselves from the fame mufters, having no true and reasonable excuse of sickness or other lawful impediment; or at their appearance at such musters, do not bring with them fuch their best furniture or array and armour, as he or they fhall then have for his or their own person in readinefs: fhall for every such default and offence have and fuffer imprisonment by the space of ten days, without bail or mainprife, by the commandment of fuch as fhall have authority, as is aforefaid, to take the fame musters; unless he or they fo offending, as is aforefaid, do agree to or with the faid commiffioners or two of them, to pay to the use of the King and Queen our fovereign lord and lady, or of the heirs or fucceffors of the fame our fovereign lady, for every fuch offence, forty fhillings for a fine; (2) which faid fine, after agreement for the payment of the fame, as is aforefaid, fhall be certified and eftreated into the court of the Exchequer at Westminster, by fuch as fhall have power to take the faid mufters, as is aforefaid, or by two of them, under their feals, or the feals of two of them, within the space of two months next after such agreement to pay the faid fine had or made, and the fame fine fo eftreated, to be levied in fuch form as fines affeffed by the juftices of affife, or of gaol-delivery in their circuits are used to be levied.

III. And be it further enacted by the authority aforefaid, The penalty That if any person or perfons which at any time or times here- of mutterafter shall be commanded or appointed by the King and Queen reward to difmasters taking our fovereign lord and lady, or by the heirs and fucceflors of charge them.

the

0

the fame our fovereign lady, by their commiffion, letters or otherwise authorized to levy, mufter, or make any men to serve in their wars, or otherwife for the defence of this realm, do by any mean exact, levy, receive or take, or caufe to be taken, any fum or fums of money, or other reward or thing whatsoever, of any perfon or perfons, for service in the wars, or that shall be appointed, named, or mustered to serve in any fuch service, or for the fparing, releafing, or discharging of fuch perfon or perfons from the faid fervice, that then every such person that fo fhall offend in exacting, receiving, or taking by any ways or means, any fum or fums of money, or other reward or thing whatsoever, as is aforefaid, fhall for fuch offence forfeit ten times fo much as he shall so receive, exact or take.

The penalty of a captain licencing his foldiers to

depart, or not paying his

wages.

Who fhall

have the forfeiture.

IV. And be it further enacted by the authority aforefaid, That if any captain, petty captain or other, having charge of men for fervice in war, fhall for any advantage, lucre or gain by him to be taken or received, discharge or licence any of the foldiers, or men appointed to ferve in the wars under his rule or order, to depart from the fame fervice, or fhall not pay unto his foldiers, and to every of them, their full and whole wages, conduct and coat money, within ten days next after that fuch captain, petty captain, or other having charge of men, as is aforefaid, fhall have received the fame; that then the party fo offending in giving any fuch licence or discharge, as is aforefaid, fhall lofe and forfeit for every fuch offence ten times the value of the thing fo taken or received, and shall alfo pay to every foldier from whom he fhall fo withhold any of the faid wages, conduct or coat money, treble the fum so withholden; (2) the one moiety of all which forfeitures, other than fuch as before by this act is limited or given to the foldier or foldiers, as is aforefaid, for their wages coat or conduct money withdrawn, fhall be to the King and the Queen's majefties, and the heirs and fucceffors of the Queen's majesty, and other the moiety thereof to him or them that will fue for the fame by action of debt, bill, plaint, information or otherwife, in any court of record; in which action or fuit, no effoin, protection or wager of law fhall be allowed.

. V. And be it further enacted by the authority aforefaid, That all juftices of affifes in their circuits, and all justices of peace within the limits of their commiffion in their affifes and feffions, and ftewards of leets, law-days and liberties, at their leets and lawdays, fhall and may from time to time enquire, hear and determine every of the faid offences committed or done contrary to this act, within the precincts of their commiffion, leet or liberty: (2) and if any perfon or perfons fhall be, before the faid juftices of affife, juftices of peace, or any of them, prefented or indicted of any the offences aforefaid, that then the faid juftices of aflifes, or juftices of peace before whom fuch indictment or presentment shall be taken or had, fhall and may

by

by the authority of this act award fuch procefs against every fuch perfon or perfons fo indicted, as upon indictments of trefpafs is used and accustomed to be made: (3) and if any fuch perfon or perfons fo indicted do appear before the faid juftices, and confefs the fame, or plead to the fame indictments, and after by verdict of twelve men fhall be of any of the faid offences contained in fuch indictment or indictments convicted, that then the faid juftices before whom any fuch conviction shall be fo had, fhall and may award such person or perfons fo convicted unto prifon, there to remain without bail or mainprife, until fuch time as he or they have paid or fatisfied the moiety of the forfeiture aforefaid, unto the King and Queen's majefties ufe, and the other moiety thereof unto him or them that shall come before the faid juftices, and give evidence against the party to be convicted at the time of the faid conviction, and by whofe evidence he shall be of the said offence convicted: (4) and if any fuch conviction fhall be had without any evidence openly given by any person or perfons, that then the party convicted, as aforefaid, fhall remain in prifon, as is aforefaid, until he have fatisfied the whole forfeiture to the King and Queen's majesties use.

service.

VI. Provided always, and be it further enacted by the au- Offences comthority aforefaid, That if any the offences aforefaid touching mitted during captains, petty captains or other having charge of men, fhall the time of be committed during the time that any army or number of men being under a lieutenant, fhall be affembled and continue together, or by any captain, petty captain or other having charge of men, that shall serve under any lord warden or other chieftain, that then upon complaint thereof the lord lieutenant, or the lord warden, or other chieftain, during the time of any his or their commiffion, shall and may hear, order, and determine the fame offences, by his or their discretions.

land.

VII. Provided always, That this act, nor any thing therein Service in contained, fhall not in any wife extend to take away or dif- refpect of charge any tenant or farmer of his fervice or covenant toward tenure of his lord, for the finding of horse, armour or weapon, or for doing of fervice by himself, or by any other, which by tenure of his land otherwife is bounden to do before the making of this act; but that he fhall yield, do, and pay the fame in as ample manner and form as though this act had never been had

or made.

VIII. Provided alfo, and be it further enacted by the au- He that is thority aforefaid, That if any fuch captain, petty captain or once convicted other having charge of inen, as is aforefaid, fhall be at any shall not be time hereafter convicted, or ordered by virtue of this act, for againtroubled. any of his offences aforefaid, that then the fame captain, petty captain or other, having charge of men, as is aforefaid, fo convicted, fhall not otherwife or eftfoons be vexed, troubled, convicted or fued, for the fame offence, whereof he shall be fo before convicted or ordered.

IX. And