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A22992 Anno primo & secundo Philippi & MariƦ actes made at a Parliament, begon and holde[n] at Westminster, the xij. daye of Nouember, in the fyrste and seconde yeare of the reigne of our soueraygne lorde and lady Philip and Mary, by the grace of God, Kinge & Quene of England, Fraunce, Naples, Jerusalem, and Ireland, defendours of the fayth, princes of Spayne and Cycilie, archedukes of Austria, dukes of Myllayn, Burgondie, and Braband, counties of Haspurge, Flau[n]ders and Tyroll, and there continued and kept to the dissolution of the same, beynge the xvi. day of Januarye then next ensuynge, were enacted as foloweth.; Laws, etc. England and Wales.; England and Wales. Sovereign (1553-1558 : Mary I) 1555 (1555) STC 9447.9; ESTC S1983 63,068 70

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intentes constructions and purposes And further that Iustices of the peace in euery Shire citie towne corporate within the limittes of their seueral commissions shal by auctoritye of thys present act haue ful power to examine heare and determine the causes aboue sayd in the sayd two first actes specified and to put the sayde two fyrst statutes and euery braunche in them conteyned in due execution that frō henceforth condigne punishement be not deferred from suche offenders And for asmuch as diuers and sundrye malicious euyl dysposed persons maliciously sediciously rebelliously and vnnaturallye contrary to the duety of their fidelityes and allegiaūces haue now of late not only ymagined inuented practised spoken and spredde abrode diuers and sundry false seditious sclaunderous newes rumors sayinges and tales agaynst our moost dreade Soueraygne Lord and kyng and agaynst our moost naturall Soueraygne Ladye and Quene and agaynst eyther of them of whome we are forbidden to thinke euyl and much more to speake euyl which offence soundeth and is aswel to the greate dishoner reproche and sclaunder of their most excellent maiesties as also to the great sclaūder of this their realme and other their dominiōs but also haue deuised made written printed published and set forth diuers he ynous sedicious and sclaunderous writinges rimes ballades letters papers and bokes intending and practisyng therby to moue and styrre seditiōs discorde discētion rebellion within this realme to the greate peryll and daunger of the same For auoydynge wherof be it enacted by thauctoritie of this present Parliament that yf any person or persons after the .xx. day of February next ensuing and after open Proclamacion made of this Acte shal maliciously of his or theyr ymagination speake anye false sedicious slaūderous newes rumors sayings or tales of our said Soueraigne Lord king or of our said most natural Soueraigne Lady Quene that then al euery such person persones so offēding beinge therof cōuicted or attainted in forme hereafter in this Acte expressed shal for euerye fyrst offence in some markette place within the shyre Citie or Borough where or neare vnto the place where the said wordes were or shal be so spoken be set openly vpon the pilory by the Sheriffe or his ministers if it shal fortune to be with out any citie or towne corporate And if it happen to be with in such cite or towne corporate thē by the principal officer or officers of such citie or towne corporate or his or they re ministers there to haue bothe his eares cute of onlesse he paye one hundreth poundes to the King and Quenes highnes vse within one moneth next after iudgement geuen of his sayd offence and also shal suffer imprisonment by the space of three monethes after such his or theyr execution And it is likewyse enacted by thaucroritye aforesayd that al and euery person persons whych after the sayde day and after Proclamation made of thys act shal maliciously speake any false seditious and slaunderous newes rumors or tales to the slaunder and reproche of our sayde Soueraygne lord the kynge or of our sayde most natural Soueraygne ladye the Queene of the speakynge or reportyng of any other that then all and euery such person or persons so speaking and reportyng being therof conuict or atteynted in forme hereafter in thys act expressed shall for euery such offence in some market place within the shyre citie borough or town wher or nere vnto the place where the sayd wordes were or shal be so spoken reported be set opēly vpon the pillory by the shyref or his ministers if it shal fortune to be wtout anye citie or towne corporat And yf it shal happen to be wtin any city or towne corporate then by the principal offycer or offycers of such city or towne corporat or his or their ministers ther to haue one of hys eares cut of onles he pay one C. markes to the kynges and Queenes hyghnes vse wythin one moneth next after iudgement geuen of hys sayde offēce also shall suffer imprysonmente by the space of one moneth after hys or theyr execution And be it further enacted by thauctoritye aforesayd that if any person or persons shall after the sayd day and after Proclamation made as is aforesayd maliciously deuise writ print or set forth any maner of boke time ballade letter or writinge conteynynge anye false matter clause or sentence of sclaunder reproche and dishonor of the kyng quenes maiesties or of eyther of them or to the encouraging sturring or mouing of any insurrection or rebellion wythin this realme or any dominions belongyng to the same Or whosoeuer shall maliciouslye procure any such booke rime ballade letter or writyng written prynted or set furth and the sayde offence not being punishable by the Statute made in the .xxvi. yere of the reigne of king Edward the third concerning treasons or declaratiō of treason that then and in euery such case the offender and offēders ther in after his or their conuiction or attaynder shal for his or their first offence in some market place within the shyre city or borow where the sayd offence is or shal be committed or done by the shirefe or his ministers yf it shal fortune to be without anye citie or towne corporate and yf within such citie or towne corporate then by the principall officer or officers of suche citye or towne corporate or by his or their ministers haue hys and their right hand strycken of And be it further enacted by thauctoritie asoresayd that yf anye person or persons being once lawfully conuicted of any of thoffēces aforesayd now prouided to be punished by the execution of losses of eare eares or hand as is aforesayd do afterwards eftsones offend in any of the offences aforesayde that then he or they so offendynge shal suffer imprisonment duryng hys or theyr lyues wythout baile or maynprise forfeyte and ●ose to the kyng and quenes maiestyes al hys and their goodes and cattels And be it also enacted by thauctority aforesayd that al Iustices of oyer determiner within the limittes of their commission Iustices of assise in their seueral circuites Iustices of gaole delyuerye Iustyces of peace aswel within the liberties as without within the limittes of their seueral cōmissions in their generall sessions or other sessions which they or two of them wherof one of them to be of the Quorum may and shall appoynt at theyr pleasure where and when nede shal require shal by vertue hereof haue ful power and auctoritie to enquire here and determine al and euery thoffentes aforesaid as in cases and trial of fellony And that the party indicted and arrained shal haue aduauntage of al maner of chalenges to the Iurie peremptorye chalenge only except as in trial of felony And also that euery Iustice of peace within the limittes of hys commission shall haue full power and auctoritye to commit any person being vehemently suspected of any of
thē so holdē as it hath bene vsed in the case of attainder of felonie except the landes tenemētes which be holden of t he ordinaries or their cōmissaries before whome any such persons impeched of heresie be cōuict which landes tenemētes i●●●●rly shal remayne to the kyng as forfayte And moreouer that al the goods cattels of these persons so cōuicted be forfait to our soue raygne lord the kyng so that no person conuict of heresy left to the seculer power after the lawes of holy church shal for feyt his lāds before that he be dead And if any such person so cōuict be enfeffed be it by fyne by dede or wtout dede in lādes or tenementes rentes or seruices in fee or otherwyse or hath any other possessiōs or catels by gift or graūt of any person or persōs to anothers vse thē to the vse of such conuictes the the same lands nor tenementes rētes nor seruices nor such other possessions nor catels shal be forfeit to our soueraign lord the king in no wise And moreouer that the iustices of the kings bench iustices of pece iustices of assise haue ful power to enquire of al thē which hold anierrors or heresies as lollards which be their main teine ●s receyuers fauorers susteyners cōmen writers of such bokes aswel of the sermons as of their scoles conuēticles congregatiōs and confede racies And the thys clause be put in commissions of the iustices of the peace And if any persons be indicted of any points aforesaid the sayd iustices shal haue power to award against thē a capias and the shiref shal be boūd to arrest the person or persons so endicted as sone as he mai thē●ynd by him or by his officers And forasmuch as the cognisance of heresy errors lollardries belongeth to the iudges of holy church not to the seculer Iudges suche persons indicted shal be delyuered to the ordinaries of the places or to theyr commyssaryes by indentures betwyxt thē to be made wythin .x. dayes after theyr arrest or soner yf it may be therof to be acquit or conuict by the lawes of holy church in case that these persons be not indicted o● another thyng wherof the cognysaunce belongeth to the seculer iudges and officers in whiche case after that that they be acquyte or delyuered before the seculer Iudges of such thinges to the seculer Iudges belongyng they shal be sent in safegarde to the sayde ordinaryes or to their cōmissaries and to them deliuered by indentures as before to be acquite or conuict of such lollardries errours or heresies as is aforesayd after the lawes of holy churche and that within the terme aforesayde Prouided alwayes that the sayde endictementes be not taken in euidence but for information before the spirituall Iudges agaynst suche persons so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictment were hauyng no regarde to such endictmentes And yf anye be endicted of heresye errour or lollardrye and taken by the Shyreffe or other officer he shal be let to maynpryce wythin the sayde tenne dayes by good suerty for whom the sayd shyreffes or other officers wyl aunswere so that the sayde person or persons which were so endicted be ready to be deliuered to the sayde ordinaries or to their commissaries before the ende of the sayde tenne dayes yf he may by any meanes for syckenes And euery ordinarye shal haue sufficient commissaries or commissary dwellyng in euery countie in a place notable so that if any such person so endicted be taken that the sayde commissaryes or commissarie may be warned in the notable place where he dwelleth by the shyreffe or some of hys officers to come to the kynges iayle in the same countie there to receyue the same persō so endicted by indentures as before And that in the inquest in thys case to be taken the shyreffes and other officers to whome it beloogeth shal do to be empanelled good and sufficient persons not suspected nor procured that is to say that euery of thē which shal be so empanelled in suche inquest haue wythin the realme of England C. s. of landes tenementes or of rent by yere vpon payne to lose to the kynges vse .x. li. and thei which shal be empanelled in such inquestes in Wales euery of them shal haue to the value of .xl. s. by yeare And yf anye suche person be arrest be it by the ordinary or by the kynges officers or ministers escape or breake the prison before that he be acquit before the ordinary the goodes and cattels whiche he hadde the daye of suche arreste shal be forfeyte to the kynge and hys landes and tenementes whych he had the same daye seased also into the kynges handes the kyng shal haue the profytes therof from the sayd day vntyl he be yelded to the pryson frō which he escaped And that the forsayd Iustices haue ful power to enquire of al such escapes breakyng of pryson and also of lands and tenementes goodes and cattels of such persons so endicted Prouided also that yf any such person endicted do not retorne to the sayd prison and dieth not conuict it shal be lawfull to his heyres to enter into the landes and tenementes of their auncestre without any other pursuyt makynge to the kyng for thys cause and then al they which haue libe●tyes and fraunchises royall in England as in the countie of Chester the countie and liberty of Durham other lyke and also al the Lordes which haue iurisdiction and fraunchisns royal in Wales where the kynges writtes do not run haue power to execute and put in due executiō these articles in al pointes by thē or by theyr officers in like maner as the Iustices and other the kinges offycers before declared shoulde doe ¶ An act that persons dwellyng in the countrey shal not sel diuers wares in cities or townes corporate by retayle ¶ The .vii. Chapter VVHere before this tyme the auncient cities boroughes townes corporat and market townes within thys realme of Englād haue bene very populous chiefly inhabited with marchantes artificers handye craftes mē during which time the childrē in the sayd cities borowes townes corporat market townes were ciuilly brought vp and instructed and also the sayd cities borowes and townes corporate kept in good order and obeysaunce and the inhabiters of the same wel set on worke and kept from ydle nes By reason wherof the sayde cytyes borowes and townes corporate did then prosper in riches and great wealth were as then not only able to serue and furnysh the kyng and quenes maiesties and other their noble progenitours kynges of thys realme aswell with great numbers of good able persons and wel furnyshed mete for the wares as also then charged and yet chargeable with great fee farmes quindemes taxes and diuers other paymentes to the kyng and Quenes maiesties which at this present they be not able to
of them or in any wyse concernyng any ●annours landes tenementes profites cōmodities hereditamentes or other the thynges before specified to the said king Henry theyght or kynge Edwarde the ●y●t or either of them or any other person or persones or body politike or corporate and euery of them and all and euery writinge dede and instrument concerning the assuraunce of anye the same shall stande remayne and be in as good force effect and strength and shal be pleaded and taken aduauntage of to al intentes constructions and purposes as the same shoulde myght or could haue bene by the lawes and statutes of this realme in case this present acte had neuer bene had ne made And that al feoffamentes fynes surrenders forfaytures assuraunces conueyaunces estates and interestes in any wyse conueied had or made to our sayd late soueraygne lord king Henry theight or to our said late soueraigne Lord king Edward the sixt or eyther of them or to any other person or persōes bodies politike or corporate or to any of them by dede or dedes act or actes of Parliament or otherwise of any the scites mannours landes tenementes possessiōs profites commodities or hereditamentes of any the sayd archebisshoprikes Bisshoprikes late monasteries priories nonneries commaundries deaueries houses of fryars colleges chaunteries hospitalles prebendes free chappeles or of any mannours landes tenementes reuertions seruices tithes pentions portiōs annuities or of any other hereditamentes of by or from any ecclesiastical or spiritual person or persons or by or frō any spiritual or ecclesiastical corporation or body politike shal be as good auailable in the law to al intentes constructiōs purposes as they were by the lawes statutes of this realme standing in force before the first day of this present parliament And that the same may and shal be pleaded aleged takē aduauntage of in such sort and to such effect as they shoulde could or might haue be● by the lawes and statutes of this realme standing in force before the said first day of this present parliament And that all and euery clause and article of sauing conteined in all and euery the sayd actes and statutes shall stand remaine and be in such force strength and effecte as they were before the sayde fyrste day of this present parliament Any thynge conteined in this presēt acte to the contrary in any wyse notwithstanding And that it maye be in like maner enacted by aucthoritie aforesaid that whosoeuer shal bi any processe obteined out of any ecclesiastical court within this realme or without or by precence of any spiritual iurisdiction or otherwyse contrary to the lawes of this realme inquiet or molest any person or persones or bodye politike for any of the saide manours landes tenementes hereditamentes or thynges aboue specified contrary to the wordes sentences and meaninge of this act shall incurre the daunger of the acte of preminire made in the .xvi. yere of kyng Richarde the second and shall suffer incur the forfeytures and paynes conteined in the same Prouyded alway that it shall and may be lefull to anye persō or persones body politike and corporate to sue in any competent ecclesiastical or spiritual court within this realme for tythes rightes dueties that they or any of them shall pretend to haue of or out of any the sayd mannours landes tenementes other the premisses and to haue full and perfect remedy for the same in suche maner fourme as they or any of them might or ought to haue done or had by the lawes Statutes of this realme before the making of this Acte and as though this act had neuer ben had or made And that it may be further prouided and enacted bi thauctoritie aforesayd that albeit the title or stile of supremacy or supreame hed of the churche of England and of Irelande or eyther of them neuer was ne coulde be instly or lawefullye attributed or knowledged to any kynge or Soueraygne gouernoure of this realme nor in anye wyse could or might ryghtfully iustlye or lawefully by any kynge or Soueraigne gouernoure of thys realme be claymed chalenged or vsed Yet forasmuch as the sayd tytle and style sithens the third day of Nouember in the .xxvi. yeare of the reigne of the sayd kinge Henry theight hath bene vsed and is mētioned and conteined in diuers and fondry wrytes letters patentes recordes exemplificatyous court rolles Charters dedes instrumentes euidences bokes and writinges It shal be lawfull aswell to and for youre maiesties and your soueraygne ladies heyres and successours as to and for euery other person and persons and bodies politike corporate at all tyme and times hereafter to haue retayne and kepe the sayde wryttes letters 〈◊〉 recordes exemplifications court rolles Charters dedes instrumentes euidences bokes and wrytynges ▪ and them to shewe exhi●ite vse alledge and pleade in all tymes places requisite or nedefull without any daunger penaltie losse for feyture trouble ve●ation or ●●peachement for the same any thing in this acte or many other 〈…〉 or ●●tes to the contrary thereof in anywyse notwithstandyng And where your hyghnes Soueraygne Lady ▪ synce your cōming to the crowne of this realme of a good and Chrystē conscience omit ted to wryte the sayd Style of Supremacye specified in one Act made in the parliament holden at Westminster by prorogatiō in the xxxv yeare of the raygne of youre late father king Henry theyghte aswell in gyftes grauntes letters patentes as in commissions and other wrytinges and also other haue in theyr wrytynges done the same aswell in your tyme as before And forasmuch as notwithstādyng any lawe made concernyng the sayde Style of Supremacye it was in the free choyse libertie and pleasure of the kynge of thys realme and of your hyghnes whether ye woulde expresse the same in the sayde Style or not Be it therefore declared and enacted by aucthoritie of this present parliament that all grauntes letters patentes commissions indite 〈…〉 entes recordes and writinges made in youre oure Soueraygne Ladyes name or in the names of yours Soueraygne Lord Lady or any other wherein the sayd Style of Supremacy is omitted is and shal be to all intentes and purposes as good and effectual as y● the same had bene therein expressed may be deteined kept pleaded and alleged without any daunger paine penaltie or forfaiture to ensue to any person or persons or body politike for or cōcerninge the omission of the same Style or any parte therof in any such writinges that no person ne persons shal be impeached molested or dampnyfyed for or by reason of any such omission And where in an acte of parliament made since the sayd .xx. yere of Kyng Henry theyght all Bulles dispens●tions and writynges which were before that time optained from the Sea of Rome shuld be voyde abolyshed and extinguished with a clause neuertheles that the matter of them by vertue of letters patentes from the king thē beyng should and myght be alleged pleeded and allowed as