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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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if the same had not bene so abolyshed or extinguyshed Forasmuche as the sayd Acte is here before amongest other repealed and made voyde Be it therefore enacted by aucthoritie of this present parliamente that all Bulles dispensations and priuileges obteyned before the sayde .xx. yeare or at any tyme sythence or whych shal hereafter be opteined of the Sea of Rome not conteining matter contrarye or preiudicial to the aucthoritie dignitie or preheminence Royal or imperiall of the realme or to the lawes of this realme now being in force and not in this parliament repealed may be put in executyon vsed and alleged in anye courte within this realme or elles where whether the same remayne yet hole or can appeare to haue bene cācelled in as vayleable and effectuall maner to all intents purposes as yf the sayd Acte had neuer bene had or made Anye obiection by pretence of extinguyshment or cācellyng of the sayde Bulles dispensations or priuileges or of any other matter or cause by the pretente of the lawes of this realme whatsoeuer in any wyse notwithstandyng And wher as by dissolution of monasteries and other religious houses certayne paryshe churches and chappeles which wer before exempte from the iurisdiction of the Archbyshop and byshop of the diocesse and by speciall exemption and priuelege from Rome were vnder the gouernement and order of the Abbotes and Prioures of those religious houses whych sayde churches by colour of the sayd exemptions be nowe of speciall graunt from Kyng Henry kynge Edwarde vnder the rule and gouernement and iurisdiction of tēporall and laye men who can no more enioye that supremacye ouer those particuler churches then the king might ouer the hole realme Be it therefore enacted that all Archbyshoppes byshopes in their dioces and all other spirituall person and persones hauynge iurisdiction and their ministers and offycers and no laye person or persones in euery Churche and place within the precincte of the same beyng exempt or not exempte ●aye freely and without impedimēt execute their spirituall iurisdictiō in al pointes articles as though no such exemption or graunt had neuer bene made Prouyded alwaye and be it enacted that this act extend not to take awaye or diminyshe the priueleges of the vniuersitie of Cambrydge and Oxforde ne the priuileges or prerogatiues graunted heretofore to the churches of Westminster and Wyndesore ne the Tower of London ne preiudiciall to suche temporall Lordes and possessioners in this realme as by auncient custō● haue enioyed probate of Testamentes of their tenauntes or other And forasmuch as after this reconsiliation and vnitie of this noble realme to the body of Christes church it is to be trusted that by the aboundaunce of Goddes mercy and grace deuotion shal encrese and growe in the hartes of many Subiects of this realme with desire to gyue bestow their worldly possessions for the resuscitating of almose prayer and example of good lyfe in this realme to thintēt such godly motions and purposes should be aduaunced Be it therefore enacted by the aucthoritie of this present parliamēt that it shal be lawefull to suche as shal be sessed of any manours lāds tenementes personages tithes pencions portions or other hereditamētes whatsoeuer in fee symple in possession reuertiō or remaynder in their owne ryghtes not beyng coppy hold may therof make feoffamentes grauntes or any other assuraunces or by his last will and Testament in wryting may be queath and geue in fe symple al and euery the sayd manours lādes tenementes personages tithes pencions portions or other hereditamentes to any spirituall body politike or corporate in this realme or dominions of the same nowe erected or founded or hereafter to be erected or founded withoute any lycence of mortmayne therein to be opteyned or any wrytte of ad quod dampnum to be sued out for the same the actes de terri ad manum mortuam non ponendis or any other acte or statute heretofore had or made in any wise notwithstanding Sauyng to the Lordes of the fee all rentes seruices dew or goyng out of any of the sayd land or tenements or hereditaments so to be amortized as is aforesayd Prouyded alway that this clause of this acte for geuing the libertie of or for the amortezing of landes or tenementes shall continue for and duryng the space of .xx. yeares nexte and immediatelye folowyng and no lenger And forasmuch as we your maiesties humble and obedient subiectes the lordes spirituall and temporall and commons in this present Parliament assembled neither by the making or deliuering of either the supplications aforesayde nor by any claufe article or sentence thereof or of any other clause article or sentence of this or any other Statute or any of the pream●●es of the same made or agreed vpon in this session of this present parliamēt by any maner of interpretation cōstruction implication or otherwise intende to derogate empaire or diminishe any of the prerogatiues liberties fraunchisies preheminences or iurisdictions of your Croune Imperiall of thys realme and other the dominious to the same belonging we do most humbly besech your maiesties that it maye be declared and ordeyned and be it enacted and declared by aucthoritie of this presēt parliament that neither the makyng exhibiting or insertinge in thys present statute or in the preambles of the same of the supplications or promys aforesayd or either of them nor any other thing or thinges wordes sentences clauses o●●rticles in the preambles or body of the actes aforesayde ▪ shal be construed vnderstanded or expoūded to derogat diminishe or take away any the liberties ▪ priuileges prerogatiues preheminences auctorities or iurisdictions or any parte or percel therof which were in your imperial croune of this realme or dyd belong to your said imperiall croune the twenty yeare of the reigne of yours the Quenes maiesties moste noble father or anye other your most noble progenitours before the sayd twētye yere the popes holines and Sea Apostolike to be restored and to haue and enioye such aucthoritie preheminence and iurisdiction as hys holines vsed and exercised or myght lawfully haue vsed and exercised biaucthoritie of his supremacie the said twētie yere of the reign of the kynge your father within this your realme of Englande and other your Dominions without diminution or enlargement of the same and none other And the Ecclesiasticall iurisdiction of the Archebyshoppes Bishoppes and ordinaries to be in the same state for processe of suites punyshment of crimes and execution of censures of the churche wyth knowledge of causes belongyng to the same as large in these poyntes ▪ as the sayd iurisdiction was the sayde .xx. yeare Prouyded alwayes and be it enacted by thaucthoritie aforesayd that in and vpon euery such gyftes and deuyses to be made to such spirituall corporations or persones as is aforesaid the donor feoffer or diuisor thereof may reserue to hym ▪ and to his heires for euer a tenure in franke almaine or a tenure by diuine seruice
maiesties one other supplication in fourme folowynge We the lordes spiritual and temporal and the commons in thys present parlyament assembled representing the whole body of thys realme reduced receaued by your maiesties intercession to the vnitie of Christes churche and the obedience of the Sea apostolyke of Rome the Popes holynes gouerning the same make most humble suite vnto your maiesties to be likewise meanes intercessors that all occasions of contētion hatred grudge suspition trouble both outwardly inwardlye in mens consciences whiche myghte arise amongest vs by reason of disobedience may by auctoritie of the Popes holynes and by ministration of the same vnto vs by the most reuerend father in god the lord Cardinal Poole by dispensation to leration or permission respectiuely as the cace shal require be abolished taken awaye and by aucthoritye sufficient these artycles folowyng and generally al others when any occasion shal so require may be prouyded for and confyrmed Fyrst that al by shopryckes c●thedral churches hospitales colleges scholes and other such foundations now continuing made by auctoritye of parlyament or otherwise established according to the order of the lawes of thys realme sithence this schisme may be confirmed and continued for euer Item that mariages made infra gradus prohibitos consanguinitatis affinitatis cognatiō●s spiritualis or which might be made voyd ▪ proper impedimentū publicae honestatis iustitiae or for any other cause prohibited by the canons onlye maye be confirmed and children borne of those mariages declared legittimate so as those mariages were made according to the lawes of the realme for the tyme being and be not directely against the lawes of God nor in such case as the Sea apostolike hath not vsed to dispence wythal That institutions of benefices other promotions ecclesiastical and dispensations made according to the forme of the act of parliament may be likewise confyrmed That all iudiciall processes made before any ordinaryes of thys realme or before any delegates vpō any apeales according to thorder of the lawes of the realme may be likewise ratified confirmed And finally where certayne actes and statutes haue bene made in the tyme of the latescisme concernyng the lands and hereditamentes of Archbysshoprykes and Bysshoprykes the suppression dyssolution of monasteries Abbeyes prioryes chauntries colleges al other the goodes and catteles of religious houses Synce that whiche tyme the ryght and dominion of certayne landes hereditamentes goodes and catteles belongynge to the same be dispersed abroade come to the handes and possessions of diuerse and sōdrye persons who by gyfte purchase exchaunge other meanes accordynge to the order of the lawes and statutes of this realme for the tyme beyng haue the same For the auoydyng of all scruples that might grow by any thoccasions aforesaid or by any other waies or meanes whatsoeuer It may please youre maiesties to be intercessours and mediatours to the sayde mooste reuerend father Cardynall Pole that all suche causes and quarels as by pretence of the sayd scisme or by any other occasion or meane whatsoeuer might be moued by the Popes holynes or Sea Apostolyke or by any other iurisdiction Ecclesiasticall maye be vtterly remoued and taken away so as all persons hauyng sufficient conueyaunce of the sayd lands and hereditamentes goodes and cattels as is aforesayd by the cōmon lawes actes or Statutes of this realme maye withoute scruple of c●nscience enioye them without impechment or trouble by pretēce of any generall counsayle Canons or Ecclesiasticall lawes cleare from all daungers of the censures of the churche And comformably here vnto the Bysshoppes and Cleargy of the prouynce of Cantorbury haue presēted to your maiesties a supplication in this tenour that foloweth Nos Episcopi Clerus Cantuariensis prouinciae in hac Synodo more nostro ●olito dum Regni parliamētū celebratur congregati cum omni debita humilitate reuerētia exponimus Maiestatibus uestris quod licet Ecclesiarū quibus in Episcopos Decanos Archidiaconos rectores uicarios praefecti sumus animarū quae nobis curae nostrae subiectae sunt earundem bonorum iurisdictionū iurium ex sacrorū Canonum dispositiōe defensores curatores cōstituti sumus propteria ip●●rum bona iurisdictiōis iura in pernicioso huius Regni prae terito scismate deperdita amissa omni studio totis nostris uiribus recuperare ad pristinum Ecclesiarum ius reuocare iuris remedijs niti deberemus Nichilominus tamen habito prius per nos super hac re maturo Cons●●io et deliberatiōe ingenuèfatemur nos optimê cognossere quam haec bonor● Ecclesiasticor● difficilis quasi impossibilisesset recuperatio propter multiplices ac pene inextricabiles super hijs habit●s contracsitiones quod si ea tentaretur quies et tranquillitas Regni facile perturbaretur unitas Ecclesiae Catholicae quae iam pietate aucthoritate Maiestatum uestrum hoc in regno introducta est cum maxima difficult ate suum debitū progressum sinem sortiriposset Ideo nos bonū quietem publicam priuatis commoditatibus salutem totanimarū praetioso Christi sanguine redemptarum terrenis bonis anteponētes non quae nostra sed quae Iesu Christi sūt quaerētes Maiestates uestras enixe rogamus ●ius● humiliter supplicamus ut reuerendissimo in Christo patri domino Reginaldo Cardinali Polo adipsas uniuersum hoc Anglie regnum sanctissimi domini nostri Domini Iulij Papae tertij Apostolicae sedis de latere legato haec nomine nostro insinuare apud eū intercedere dignētur ut in hiis bonis Ecclesiastisis in parte uel into toarbitrio suo iuxta facultates sibi ab eodem sanctissimo domino nostro Papacōcessas eorundem bonorum detentoribus elargiendis et relax andis publicum bonum priuato pacem et trāquillitatem dissidijs perturbationibus atque animarum salutem bonis terrenis praeferre anteponere uelit Nos enim in omnibus quae ab ipso legato statuta et ordina ta circa haec bonafuerint exnunc prout extunc et ecōtra cōsensum nostrum presta 〈…〉 us imo etiam ut in premissis se difficilem aut restrictum reddere non uelit maiestates uestrae nostro nomine eum hortari rogare dignabuntur Insuper maiestatibus uestris supplicamus ut pro sua pietate efficere dignentur ut ea quae adiurisdictionem nostrā et liberta tem Ecclesiasticam pertinent sine quibus debitum nostri pastoralis officij et curae animarum nobis commissae exercere non possumus uobis superiorum temporum iniuria ablatarestituantur et ea nobis et Ecclesij perpetuo illes a et salua perman●ant et ut omnes leges quae hanc nostrā iurisdictionem libertatem Ecclesiasticam tollunt seu quouis modo impediunt abrogentur ad bonorem dei et maiestatum uestrarū et uniuersi huius Regni Spirituale et temporale
sufficient aucthoritie so to doo that then euery owner of the sayde vyctualls corne and other thynges aboue sayde soo transported or caryed and the owner and owners of euerye suche bote or Vessell and the botemen and mareners of the same shall loose forfeyte and suffer all suche forfaytures paynes and penaltyes as is aboue rehearsed th one moytye of all and euery whiche forfayture or forfaytures to be to the Kynge and Queenes hyghnes they re heyres and successours and thother moytie to hym or them that wyll sue for the same by byll information action of debte or otherwyse in anye of the Kynge and Queenes hyghnes courtes of recorde in whiche action byll or suite the defendaunte shall not wage hys lawe nor haue any essoygne or protectyon to hym allowed And be it enacted by thauctoritie aforesayde that yf any person or persons shall obtayne of the kynge and Queenes maiesties their heyres or successoures or of any of them any licence to cary and transporte any corne victuall or wodde into any parties beyonde the seas that if he or they to whome any such licence shal be graunted or any other to whome such person or persones hauynge such licence shall gyue graūt or ●ell his or their said licence vnto shall cary and conueye or cause to be caried and conueyed any more corne victuall or woodde then shal be conteined in hys or their sayd licence shall forfeyte the treble value ▪ of the sayde corne victuall or woode so caried and transported wythoute sufficient authoritie and shall suffer imprisonment for one whole yeare in the common gaole where he shal be apprehended there to remayne without bayle or maynepryse And be it further enacted by thaucthorite aforesayde that no maner of person or persones after the sayde .xx. day of Ianuary that shall obteyne or haue any such licence for transportynge and carienge anye corne victuall or wodde into any parties beyonde the seas shal shippe lade and fraughte the same or anye parte thereof at sondrye places within this realme but at one place certayne vpon payne of forfeyture of the sayde corne victuall wodde and all his goods cattels th one moytie there of to the Kynge and Quenes maiesties their heires and successours and thother moytie to him or them that wyll sue for the same by action of debte byll playnt information or otherwyse wherein no wager of lawe essoygne or protection shal be to hym or them allowed And for the better executyon of this acte be it further enacted by the aucthorytie aforesayde that all and synguler Iustyces of peace as well within the liberties as withoute within their seuerall aucthorityes and commyssions at any tyme with in three yeares nexte after suche offences committed shall haue full power and aucthorytie to enquire as well by the othes of twelue lawfull men as also to heare and examyne the mayster maistres and mareners of the sayd shyppes crayers other ●essels and all and euerye other persone and persones of all and synguler th offenders agaynst this presente Acte and to heare and determine the same offences as they maye and ought to here and determine any other trespasses or offences Prouyded alwayes and be it enacted by thauctoritie aforesayde that at all time and tymes hereafter when the common price of corne within this realme is that wheate shall not exceade the pryce of .vi. s. viii d. the quarter and rye .iiii. s the quarter and bareleye iii shillings the quarter it shal be lawefull to euery person and persoues to cary and transporte ouer the sea to any place beyonde the seas at their pleasure of the sayde kyndes of corne so that it be not to the Kyng and Quenes enemyes Prouided alwayes and be it enacted by thauctoritie aforesayde that thys Acte ne any thinge therein contained shall extende to anye person or persones for the necessary victeling of any shyppe shyppes or other vesseles but that they and euery of them maye victayle the said shyppes and vessels as they myght haue done before the makynge of this present acte This acte or any thynge therein conteined to the cōtrary notwithstanding Prouyded alwayes and be it enacted by thaucthoritie aforesayde that this acte or any thinge therein conteined shall not be preiudicyall or hurtefull vnto the Lorde greate admirall of Englande for the time beinge or to the Kynge and Queenes maiesties iurisdiction of the Admiraltie but that the sayde Lord Admiral or his deputie or deputies maye and shall exercyse vse and execute all kynde of iurisdiction belongyng to the sea accordyng to his or their cōmissions as they might lawefullye haue done heretofore This acte or any thinge therein conteyned to the contrary notwithstandyng ¶ An Acte for the reuiuing of three Estatutes made for the punyshment of heresies The .vi. Chapyter FOr the eschuing and auoydyng of errours heresyes whych of late haue rysen growen and muche increased within this realme for that the Ordinaryes haue wanted aucthoritie to procede agaynste those that wer infected therewith Be it therefore ordeyned and enacted by the aucthoritie of thys presente parliamente that the Statute made in the fyfte yere of the reigne oi kyng Richard the seconde concernynge the arresting and apprehension of erronyous and hereticall preachers and one other Statute made in the seconde yeare of the reigne of kyng Henry the fourth concernynge repressing of heresies and punyshmente of heretikes and also one other Estatute made in the Seconde yere of the raynge of Kynge Henrye the fyfte concernynge the suppressyon of heresye and lollardye and euerye Article Braunche and sentence conteigned in the same three seuerall actes and euery of them shall from the twenty daye of Ianuary nexte comming be reuiued and be in full force strengthe and effecte to all inintentes constructions purposes for euer ¶ The tenor of the acte made in the fiueth yere of kyng Richard is as foloweth Chapiter .v. ITem forasmuch as it is openlye knowen that there be diuers euil persones within the realme goyng from coūtie to countie and from towne to towne in certayne habites vnder dyssimulation of greate holynes and without the licence of the Ordinaryes of the places or other sufficient ancthoritie prechyng dayly not onely in churches and churchyards but also in markets Faires otheropen places where a great congregacion of people is diuers sermones conteining heresies and notorius erroures to the greate embleamishynge of the chrysten fayth and destruction of the Lawes and of the estate of holye Churche to the greate pericle of the soules of the people and of al the realme of Englande as more playnely is founde and sufficientlye prouyd before the reuerent father in God the Archebishop of Canterburye and the Bishoppes and other prelates maysters of diuinitie and doctoures of Canon and of ciuile and a greate parte of the clergye of the sayde realme specially assembled for this cause whych persones do also preach diuers matters of slaunder to engender discorde and dissention betwixt diuers estates of the said
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