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A22993 Anno primo et secu[n]do Philippi & MariƦ actes made at a Parliament begon and holden at Westminster, the xij day of Noue[m]ber, in the fyrst and second year of the reigne of Our Soueraigne Lorde and Lady, Philippe and Marye by the grace of God, Kinge and Quene of England, Fraunce, Naples, Jerusalem, and Irelande, defendours of the faith, princes of Spayne & Sicile, archdukes of Austria, dukes of Millaine, Burgondie and Brabant, counties of Haspurge, Flaunders, and Tyrol, and there continued and kepte vntyll the dissolution of the same, beinge the xvj daye of January then next ensuing, were enacted as foloweth.; Laws, etc. England and Wales.; Mary I, Queen of England, 1516-1558.; Philip II, King of Spain, 1527-1598. 1555 (1555) STC 9448.3; ESTC S113142 63,051 69

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sufficient aucthoritie so to doo that then euery owner of the said vietualls corne and other thynges abouesayd soo tronsported or caried and the owner and owners of enery such bote or Vessel and the bore menne and mareners of the same shall loose forteyte and suffer all such forfaytures paynes and penalties as is aboue rehearsed th one moytie of al and euerye which forsayture or forfaitures to be to the kynge and Quenes hyghnes theyr heyres and successours and tho ther moytie to him or them that wyl sue for the same by byl information attion of debte or otherwyse in any of the kynge and Queenes hyghnes courtes of recorde in which actyon byll or suite the defendaunte shal not wage his lawe nor haue any essoygne or protectyon to him allowed And be it enacted by thaucthoritie aforesaid that yf any person or persons shall obtayne of the kyng and Queenes maiesties ther heyres or succe ssours or of any of them any licence to eary and transport any corne victual or wodde into any parries beyond these as that if he or thei to whom any such licence shal be geaunted or any other to whom such person or persoues hauynge such lycence shal giue graūt or sell his or their said licence vnto shall cary and conucy or cause to be caried and conueyed any more corne victuall or wood then shal be conteined in his or their said licence shall forfeyte the treble value of the sayd corne victual or wood so carried and trasported withoute sufficient auctoritie and shal suffer imprisonment for one whole yere in the common gaole where he shal be apprehended ther to remaine without bayle or mainepryse And be it further enacted by thaucthoritie aforesayd that no maner of person or persones after the said .xx. day of Ianuary that shal obteine or haue any such licence for transportynge and carying anye corne victuall or wodde into any parties beyond the seas shal shippe lade and fraught the same or anye parte thereof at sondrye places within this realme but at one place certaine vpon paine of forferture of the sayd corne victual wodde and al his goodes cattels thoue moytie thereof to the kyng and Quenes inaiesties their heires and successours and thother moytie to him or them that wyll sue for the same by action of debte byl playnt information or otherwise wherein no wager of lawe essoygne or protection shal be to hym or them allowed And for the better execution of this act be it further enacted by the aucthoritie asoresaid that all and singuler Iustices of peace as well within the liberties as without within their seuerall aucthorities commyssions at any tyme with in three yeares next after such offences committed shall haue full powre and aucthoritie to enquire as well by the othes of twelue laweful men as also to heare examine the mayster maistres and mareners of the sayde shyppes crayers other vessels and al and euery other person and persones of all and synguler the offenders agaynste this present acte and to here and determine the same offences as they may and ought to here and determine any other trespasses or offences Prouyded alwayes and be it enacted by thaucthoritie aforesnyde that at all time and times hereafter when the common price of corne within thys Realme is that wheat shall not excede the pryce of vl.s. viii d the quarter and rye iiii.s the quarter and bareley .iii. shillings the quarter it shal be laweful to euery person and porsons to cary and transport 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 enemies Prouyded alwayes and be it enacted by thautthoritie aforesayde that thys acte ne any thing therein contained shall extende to anye person or persones for the necessary victeling of any shippe shyppes or other vessells but that they and cuery of them maye victaile the sayd shyppes vessels as they mighte haue done before the making of this presente acte Thys acte or anye thynge therein conteined to the contrary notwithstandyng Prouyded alwayes and be it enacted by thaucthoritie aforesaide that thys acte or any thinge therein conteined shal not be preiudiciall or hurtefull vnto the Lord great admirall of Englande for the tyme beinge or to the kyng and Quenes Maiesties furisdiction of the Admiraltie but that the sayd Lord Admiral or his deputy or deputyes may and shall exercyse vse and execute al kynde of iurysdyctyon belongyng to the sea accordyng to his or their cōmissions as they might lawefully haue done heretofore Thys acte or anye thing therein conteyned to the contrary notwithstandyng ☞ An acte for the reuiuing of three Estatutes made for the punishment of heresies The .vi. Chapter FOr the eschuing and auoydinge of errons herefyes which of late haue risen growen and much increased within this Realme for that the Ordynaryes haue wanted aucthoritie to procede agaynst those that wer infected therwith Be it therefore ordeyned and enacted by the aucthoritie of this present parlyamente that the Statute made in the fyfte yere of the reigne of kynge Rycharde the second concerning the arresting and apprehension of erronyous and hereticall preachers and one other Statute made in the seconde yeare of the reigne of king Henry the fourth concernyng repressynge of heresies and punyshment of heretikes and also one other Estatute made in the Second yeare of the raygne of kynge Henrye the fyfre concernyng the suppressyon of heresye and lollardye and cuerye Article Braunche and sentence conteygned in the same thres seuerall actes and euery of them shall from the twenty daye of Ianuary next comming be reuiued and be in ful force strength and effect to all intenses constructions purposes for euer ☞ The tenor of the acte made in the fyst yeare of kynge Rychard is as foloweth Chapiter .v. ITem forasmuch as it is openly knowen that there be diuers euill persones within the realme going from coūtie to countie from towne to towne in certaine habites vnder dyssimulation of great holines with out the licence of the ordinaries of the places or other sufficient aucthoritie preaching daylye not onelye in churches churchyardes but also in markets faires other opē places where a great congregacion of people is diuers sermones conteining heresies notorious errours to the great embleamishing of the christen faith and destruction of the Lawes and of the estate of holye Churche to the great pericle of the soules of the people and of all the realme of England as more plainelye is found and sufficientlye prouyd before the reuerent father in God the Archbishop of Canterburye and the Bishoppes and other prelates maysters of diuinitie and doctours of Canon and of ciuile and a greate parte of the clergye of the said realme specially assembled for this cause which persones do also preach diuers matters of slaunder to engender discord dissention betwixt diuers estates of the said realme aswel spirituall as temporall
repleuis and delyueraunce of such distresses in such maner fourme as the sheryffe may or ought to do vpon paine that euery Sheriffe for euery moneth that he shal lacke such deputie or deputies shall forfayte for euerye suche offence fyue poundes the one halfe of whyoh forfaitures shal be to the kyng Quenes highnes her heires and successours the other halfe to him that wil sue for the same by byll playnt information or action of debt in any the kyng and quenes courtes of record in which noo essoygne protection nor wager of lawe shal be admytted An acte appoynting in order to iustices of peace touching the baylemente of prysoners The .xiii. Chapter WHere in the parliament holdē at Westminster in the .iii. yeare of the reigne of the noble prince king Henrye the seuenth it was among other thinges ordeined enacted that no prisoner arrested for felony should be letten to bayle or mainpryse by anye one Iustice of peace but by the hole Iustices or at least by two of thē whereof one to be of the Quorum Since the makyng of which estatute one Iustice of peace in the name of him self and one other of the Iustices hys cōpagnyon not makyng the sayd Iustice partie nor priuye vnto the cease wherfore the prisoner should be bayled hath often tymes by sinister labor and meanes set at large the greatest and notablest offenders such as be not replinisable by the lawes of thys realme yet the rather to hyde theyr affections in that behalfe haue sygnyfyed the cause of theyr apprehension to be put onely for suspition of felony whereby the sayd offendours hath escaped vnponished and do dayly to the high dysplesure of almighty God the great peryl of the kyng and Quenes true subiectes and encoragement of al theues and euylldoers For reformation wherof be it ordeined and enacted by the kynge and Quenes maiesties the lordes spiritual and temporall and the commons in this present parliament assembled by aucthoritie of the same that from and after the fyrst day of Apryll next cominyng no Iustice or Iustices of peace shall let to baile or mainepryce anye such person or persones which for any offence or offences by them or any of them committed be declared not to be repleuised or bailed or be forbidden to be repleued or bailed by the estatute of Westmin prymer made in the parliamente holden in the thirde yeare of the reygne of kyng Edward the fyrst And furthermore that anye person or persones arrested for manslaughter or felony or supection of manslaughter or felony being bayleable by the lawe shall not after the sayd fyrst day of Apryll be lette to bayle or maynepryse by anye Iustices of peace if it be not in opē Sessions except it be bi two Iustices of peace at the least wherof one to be of the Quorum the same iustices to be present together at the tyme of the sayd bailmente or mainprise which bailement or mainpryse they shal certifye in wrytyng subscrybed or sygned with their owne handes at the next generall gaole deliuery to be holden within the countie wher the said person or person shal be arrested or suspected And that the sayd Iustices or one of them beyng of the Quorum when anye such prisoner is brought before them for any manslaughter or felonye before auye baylement or maynepryce shall take the examination of the said prisoner and information of them that brynges him of the facte cyrcumstaunces thereof the same or asmuch therof as shal be materiall to proue the felony shall put in wrytinges before they make the same bailement which said examination together with the sayde baylement the sayd Iustices shall certify at the next generall goale delyuery to be holden within the limites of theyr commissyon and that euery Coroner vpon any inquisition before him founde where by any persō or persons shal be indicte for murther or man slaughter or as accessary or accessaryes to the same before the murder or manslaughter committed shal put in writing the effect of the euydence geuen to the Iurye before him being materiall and aswell the sayd Iustices as the sayd Coroner shall haue aucthoritie by thys acte to bind al such by recognisaunce or obligation as do declare any thing material to proue the said murdre or manslaughter offences or fellonies or to be accessary or accessaries to the same as is afore said to appeare at the next general gaole deliuery to be bolden within the Countie citie or towne corporat wher the triall therof shal be then and there to geue euidence against the partie so indicted at the time of his triall and shall certifie aswell the same euidence as suche bonde and bondes in writing as he shall take together with the inquisition orindictment before him taken and founde at or before the time of his sayd tryall therof to be had or made and lykewyse the sayde Iustices shall certifye all and euery suche bonde taken before them in lyke maner as before is sayd of baylementes and examination And in case any Iustice of peace or Quorum or Coroner shall after the sayde fyrst day of apryll offende in any thinge contrary to the true intente and meaning of this present acte That then the Iustices of gaole delyuerye of the Shire citie to wue or place where such offence shall happen to be committed vpon due profe therof by examination before them shal for euery such offence set such fyne on euery of the same Iustices of peace and Coroner as the same Iustices of gaole deliuery shall thinke mete and shall estrete the same as other fynes and amerciamentes assessed before Iustices of gaole deliuery ought to be Prouided alwaies and be it further enacted by thauctoritie aforesayd that Iustices of peace and Coroners within the citie of London and the countie of Middelsex and in other cities boroughes and townes corporat within this realme and Wales shall within their seuerall iurisdictions haue auctorytie to let to bayle fellons and prisoners in such maner and fourme as they haue bene heretofore accustomed this act or any thinge therein conteyned to the contrary notwithstanding And also shall take examinations and bondes as is aforesayde vpon euery baylement by them or any of them to be made and shal certifie euery such baylementes bondes and examinations by them or any of them taken or made at the next gaole deliuery to be holdē within the shyre citie borough or towne where theyr seueral iurisdictions extendeth vpon like payne and forfeyture as is before limitted in this present acte And be it also enacted by the auctorytye aforesaid that no writers of Habeas corpus or Certiorary shal be hereafter graunted to remoue anye prysoner out of any gaole or to remoue anye recognisaunce except the same writtes be signed with the proper handes of the chiefe Iustyce or in his absence one of the Iustices of the courte oute of whiche the same writtes shal be awarded or made vppon payne that he that
vsed in the case of attainder of feloni except the landes tenementes which be holden of the ordinaries or their cōmissaries before whom any such persons impeched of heresie be cōuict which landes tenementes intierly shall remaine to the king as forfayt And moreouer that al the goods cattels of these persons so cōuicted be forfeit to our soueraygne lorde the kinge so that no person conuict of heresy left to the seculer power after the lawes of holy church shal forfeyt his lands before that he be dead And if any such person so cōuict be enfeffed be it by fine by dede or without dede in landes or tenementes rentes or seruices in fee or otherwise or hath any other possessiōs or catels by gift or graūt of any persō or persons to anothers vse thē to thuse of such cōuictes that the same landes nor tenements rentes nor seruices nor suche other possessions nor catels shal be forfeit to our soueraign lorde the king in no wise And moreouer that the iustices of the kings bench iustices of peace iustices of assise haue ful power to enquire of al thē which hold any errors or heresies as lolardes whiche be theyr mainteyners receiuers fauorers susteners cōmen writers of such bokes as wel of the sermons as of their scoles conuenticles congregatiōs confederaties And that this clause be put in comissions of the iustices of the peace And if any persons be indicted of any pointes aforesaid the sayd iustices shal haue power to award against thē a capias the shiref shal be bound to arrest the person or persons so endicted as sone as he may them find by him or by his officers And forasmuch as the cognisance of heresy errors lolardries belongeth to the iudges of holy church not to the seculer Iudges suche persons iudicted shal be delyuered to the ordinaries of the places or to their commissaryes by indentures betwixt them to be made within .x. dayes after theyr arrest orsoner yf it may be therof to be acquit or conuict by the lawes of holy church in case that these persons be not indicted of another thynge whereof the cognysaunce belongeth to the seculer iudges and offycers in whiche case after that that they be acquyte or delyuered before the seculer Iudges of suche thinges to the seculer Iudges helongyng they shal be sent in safegarde to the sayde ordynaryes or their commissaryes and to them delyuered by indentures as before to be acquite or conuyct of suche lollardryes errours or heresies as is aforesayde after the lawes of holy churche and that within the terme aforesayde Prouided alwayes that the sayd endictementes be not taken in euidence but for information before the spyrytuall Iudges agaynste suche persones so endicted but that the ordinaries commence theyr processe agaynst such persons endicted in the same maner as though no endictmeut were hauing no regarde to suche endictmentes And yf anye be endicted of heresye erroure or lolardrye and taken by the Sheriffe or other officer he shal be let to maynpryce wythin the sayde tenne dayes by good suertye for whom the sayde shyreffes or other officers wil aunswere so that the sayde person or personnes whiche were so endicted be readye to be deliuered to the sayde ordynaries or to theyr commissaries before the ende of the sayde tenne dayes yf he may by anye meanes for sicknes And euerye ordynarye shal haue sufficient commissaries or commissary dwellyng in euerye countie in a place notable so that if any such person so endicted be taken that the sayde commissaries 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 person so endicted by indentures as before And that in the inqueste in this case to he taken the shyreffes and other offycers to whom it belongeth shall do to be empanelled good and sufficient persons not suspected nor procured that is to say that euerye of them which shal be so empanelled in suche inquest haue within the realme of England C.s. of landes tenementes or of rente by yeare vpon payne to lose to the kynges vse x.li and they which shal be empanelled in such inquestes in Males euery of them shal haue to the value of xl.s by yeare And yf anye suche person be arreste be it by the ordinary or by the kynges officers or ministers and escape or break the prison before that he be acquit before the ordinarye the goodes tattelles which he hadde the daye of suche arreste shal be forfeyte to the kynge and his landes and tenementes whiche he had the same daye seased also into the kynges handes the kyng shall haue the profytes therof from the sayd daye vntyll he be yelded to the pryson frō whiche he escaped And that the foresaid Iustices haue ful power to enquyre of al such escapes breakyng of pryson and also of landes 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 conuicte it shal be lawfull to his heyres to enter into the landes and tenementes of their auncestre without anye other pursuyt makynge to the kyng for thys cause and then al they which haue libertyes and fraunchises royall in England as in the countye of Chester the countye and liberty of Durham other lyke and also al the Lordes which haue iurisdiction and frauchisies royal in Wales where the kynges wryttes do not run haue power to execute and put in due executiō these articles in al poyntes by thē or by theyr officers in like mauer as the Iustices and other the kynges officers before declared shoulde doe ☞ An act that persons dwellinge in the countrey shal not sel diuers wares in eities or townes corporate by retayle ☞ The .vii. Chapter WHere before thys tyme the aunnent tities horughes to wnes corporat and maiket to wnes within thys realme of Englād haue bene very populous chiefly inhabited with march auntes artificers handye craftes men during which time the childrē in the sayd cities borowes townes corporat market townes were ciuilly brought vp and instructed and also in the said cities borowes and townes corporate kepte in good order and obeysaunce and the whabiters of the same wel set on worke and kept from ydlenes By reason wherof the sayde cytyes borowes and townes corporate dyd then prosper in riches and great wealth were as then not only able to serue and furnysh the kynges and quenes maiesties and othere their noble progenytours kynges of thys realme aswell with great numbers of good able persons and wel furnyshed meete for the warres as also then charged and yet chargeable with greate fee farmes quindemes taxes and diuers other paymentes to the kyng and Quenes maiesties whiche at this present they be not able to paye beare but to their vtter vndoinge beynge fewe
also to the handes and possession of diuers and sondrye other persones and bodyes polytyke and corporate by sondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes and statutes of this realme And where also diuerse manours landes tenementes and hereditamentes percell of the possessyons of Archbysshoprickes and byshoprykes and manye and sondrye late deaneryes colleges chauntryes rectories Prebendes Free Chappell 's Gnyldes and Fraternytyes manours houses Graunges landes Tenementes rent̄es Seruices and other Ecclesiasticall possessions and heredytamentes goodes and cattels to the said Archbysshopryckes Bysshopryckes deaneries colleges chaunteryes free chappels rectories guyldes and fraternities late appertayning and belongynge or appointing to and for the fyndyng of pryestes obyttes lyghtes or other lyke purpose came as wel to the handes possession of the late noble kyng Edward the sixr brother vnto your maiestie soueraygne Lady by vertue of an acte of parliament thereof made or otherwise as also to the handes and possession of diuerse and sondry other persons and bodies polytyke and corporate by fondry meanes conueyaunces and assuraunces accordyng to the ordre of the lawes of this realine a gret nomber of which said late monasteries priories nonneries commaundres deancryes colleges hospytales prebendes chaunteryes free chappeles guyldes and fraternities the mannours graunges mesuages landes tenementes rentes reuertions seruices tythes pentions portions vica reges churches chappels aduousons nominations patronages an nuities and hereditaments goodes and cattels to the said monaste tyes pryories nonneries commaundries deaneries colleges hospitalles chauntries fre chappels guyldes fraternities and other ecclesiasticall houses Archbysshoprickes and Byshoprickes belonging as well for great sommes of moneye as for other good and reasonable causes and considerations haue beue conueyed and assured to diuerse the subiectes and bodyes politike of this realme aswell by the sayd kyng Henry theight the said kynge Edwarde the sixte and by your highnes our soueraygne Lady and ioyntly by both youre maiesties as also by dyuerse the owners of the said ecclesiasticall possessions which sayd conueyaunces and assuraunces by their sondrye letters patentes and other wrytinges more plainely do and maye appeare Forasmuch as the sayd most reuerend father hath also by the said dispensations remoued and taken away al matter of empeachment trouble and daunger which by occasion of any generall counsayle canon or degree ecclesiasticall myghte touche and disquite the possessions of such goodes moueable landes tenementes possessions and hereditamentes as were of late belongynge to anye of the sayde Archbysshopryckes Byshoprikes monasteryes pryoryes nonneries commaundries deaneryes colleges chauntryes prebendes rectories hospitales houses of fryers or other religious and ecclesiasticall houses and places of what nature name kind or qualitie soeuer thei be of Yet for that the title of al landes possessions and hereditamentes in this your maiesties realme and dominions is grounded in the lawes statutes and customes of the same and by your high iurysoiction aucthoritie royall and crowne imperial and in your courtes onlye to be impleaded ordered tryed and iudged and none otherwise and vnderstandyng that the whole full and most gratious intentes mynd and determination of your most excellent maiesties be that al and euery person and persons bodyes polytyke and corporate their heyres successours and assignes and euerye of them shall haue kepe retayne and enioye al and euerye their estates ryghtes possessions and interestes that they and euerye of them nowe hath or hereafter shall haue of and in al and euery the mannours graunges mesuages landes tenementes tythes pencions portions aduousons nominations patronages annuities rentes reuersions scruices hundredes wapentakes liberties fraunchises and other the possessyons and he reditamentes of the sayd monasteries abbeyes proryes nonneries commaundries deaneries colleges prebendes hospitales houses of fryers chauntryes rectoryes vycareges churches chappelles arch bysshopryckes and Bysshoprikes other religious or ecclesiasticall houses and places or of any of them within this realme or the domynions of the same by suche lawes and statutes as were in force before the fyrst daye of this present Parlyament and by other lawefull conueyaunce to them thereof made That it may be therfore enacted by thaucthoritie of this presente parliament that aswell your maiestie soueraigne Ladye your heyres and successours as also all and euery other person persones bodies polytyke and corporate their heires successours assygnes nowe hauynge or that hereafter shall haue holde or enioye anye of the seytes of the sayd late monasteries and other the religious or ecclesiastycall houses or places and al the said manours graunges mesuages lands tenementes tithes pentions portions glebelandes aduousonnes nominations patronages annuities rentes reuersyons seruyces hundredes wapentakes liberties fraunchises profytes cōmodities and other the possessions and hereditamētes of the saide late monasteries abbeyes pryories nonueries commaundries deaneries colleges prebēdes hospitals houses of friers rectories vicareges chaūteris churches chappels archbishoprikes bisshoprikes and other religious ecclesiasticall houses and places or of anye of thē of what name nature or kynde soeuer they be shall haue holde possede retaine kepe enioye all and euery the sayde scites mannours graunges mesuages landes tenemenees possessyons profyttes commodities other hereditamentes accordynge to suche interestes and estates as they and euery of them nowe haue or holde or hereafter shal haue or holde of and in the same by the dewe ordre and course of the lawes and statutes of thys realme whiche nowe be or were standinge in force before the fyrst day of this present Parliament in maner and fourme as they shoulde haue done yf this acte had neuer bene had ne made Thys acte or any thinge herein contayned to the contrarye in anye wyse notwithstandyng Sauyng to you our sayd soueraigne Lady your heyres and successours and euerye of them and to all and euerye other perion persons subiectes of this realme and bodyes politike and corporate and to theyr heyres and successours and to the heires and successours of al and euery of them other then such whose ryghte tytle or intereste is bounden or taken awaye vndone or extinct by anye acte of Parliament heretofore made or otherwyse al such right title clayme possession interestes rentes annuities commodities commons offyces fees leases liueries lyuynges pentions portions dettes dutyes and other proffytes which they or any of them lawfully haue or of ryghte ought to haue or myghte to haue had in of or to anye of the premysses or in of or to any parte or percell thereof in such like maner fourme and condition to all intentes respectes constructions and purposes as yf this acte had neuer bene had ne made And that it may be further enacted by aucthoritie aforesaide that al and euery article clause sentence and prouiso conteined or specyfyed in any acte or actes of Parliament concerning or touchyng the assuraunce or conueiaunce of any the said monasteries priories nonneryes cōmaundris deaneries prebendes colleges chauntryes hospitals houses of fryers rectories vicarages Churches Chappeles Archbyshoprickes and Byshoprickes and other religyous
the kyng then beinge shoulde and mighte be alleged pleeded and allowed as yf the same had not bene soo abolisbed or extinguyshed Forasmuche as the sayd acte is here before amongest other repealed and made voyde Be it therefore euacted by aucthoritie of this present parlyamente that all Bulles dispensations and pryuyleges obteyned before thee sayde .xx. yeare or at any tyme sythence or whyche shall hereafter be optemed of the Sea of Rome not conteininge matter contrarye or pretudicial to the aucthoritie dygnytye or prehemynence Royall or imperyall of the realme or to the lawes of this realme nowe beyng in force and not in this parliament repealed maye be put in executyon vsed and alleged in anye courte within thys Realme or ells where whether the same remayne yet hole or can appeare to haue bene can celled in this vayleable and effectuall maner to all intentes purposes as yf the sayd Acte had neuer bene had or made Anye obiectyon by pretence of extinguyshment or cancellyng of the sayd Bulles dyspensations or priuileges or of any other matter or cause by the pretence of the lawes of thys realme whatsoeuer in anye wyse notwythstandyng 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 Archbyshope 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 suprmacye 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 ministeres and officers and no laye person or persones in euery Churche and place within the precincte of the same beyng rempte or not exempte maye freely and without impedimēt execute their spirituall iurisdictiō in al pointes articles as though no such exemption or graunt had neuer bene made Prouided alwaye and be it enacted that this act extend not to take awaye or oiminyshe the preuileges 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 custōe haue emoyed 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 marcy and grace deuotion shal encrese and growe in the hartes of many the Subieces of this realme with desire to gyue bestow their worldly possessions for the resuscitatyng of almose prayer example of good life in this realme to thintent such godly motions and purposes should be aduaunced Be it therefore enacted by aucthoritye of this present parlyamēt that it shal be lawefull to suche as shal be sessed of any mauours lāds tene mentes personages tithes pencions portions or other hereditamētes whatsoeuer in fee symple in posession reuertiō or remaynder in their owne ryghtes not veyng coppy holde may therof make feoffamentes grauntes or any other assuraunces or by his last wyll and Testament in wryting may be queath and geue in fe symple al and euery the sayd manours lādes tenementes personages tithes pentions portions or other hereditamentes to any spyrituall body polytike 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 there in to be optayned or any wrytte of ad quod dampnum to be sued out for the same the actes de terri ad manion mortuam non ponendis or any other acte or statute heretofore had or made in in any wyse notwithstandyng Sauyng to the Lordes of the fee all rentes seruices dew or goyng out of any of the sayde land or renements or hereditaments so to be amortized as is aforesayd Prouided alway that this clause of this acte for geuing the liber tye of or for the amortezyng of landes or tenementes shall cotynue 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 Parlyament assembled nether by the makyng or deliuering of either the supplycations aforesayde nor by any clause artycle or sentence thereof or of any other clause article or sentence of this or any other Statute or any of the preambles of the same made or agreed vpon in this session of this present parliamēt by any maner of inter pretation cōstruction implication or other wyse intende to derogate empaire or diminish any of the prerogatiues liberties fraunchisies preheminences or iurisdictyons of your Croune Imperyall of thys realme and other the dominions to the same belonging we do most humbly besech your maiestyes that it maye be declared and ordeyned and be it enacted and declared by aucthoritie of this presēt parliament that neither the makyng exhibityng or insertynge in thys present statute or in the preambles of the same of the supplicatyons or promys aforesayd or either of them nor any other thyng or thynges wordes sentences clauses or articles in the preambles or body of the artes aforesayde shal be construed vnderstanded or expoūded to derogat diminishe or take away any the liberties priuileges prerogatiues preheminences authorities or iurisdictyons or any parte or pertel therof which were in your imperial croune of this realme or dyd belong to your sayde imperial croune the twenty yere of the reigne of yours the Quenes maiesties moste noble father or anye other your most noble progenitours before the sayd twentye yere the popes holynes and Sea Apostolyke to be restored and to haue and enioye such aucthoritie prehemynence and inrisdictyon as hys holines vsed and exercised or myght lawfully haue vsed and excercised by aucthoritie of hys supremacie the sayd twētie yeare of the regine of the kinge your father within this youre realme of Engnde other your Dominions without diminution or enlargemēt of the same and none other And the Eclesiasticall iurisdiction of the Archebishoppes Bishoppes and ordinaties to be in the same state for processe of suites punishmēt of crimes and execution of censures of the churche wyth knowledge of causes belongyng to the same as large in these poyntes as the sayde iurisdiction was the saide .xx. eyare Prouyded alwayes and be it enacted by thauethoritie aforesayd that in and vpon euery such gyftes and deuyses to be made to suche spirituall corporations or persones as is aforesaid the donor feoffer or diuisor thereof may reserue to him and
in exciting of the people to the great peril of al the realm which preachers cited or sommoned before the ordinaries of the places there to aunswere of that where of they be impeched wil not obeye to there summons and commaundementes nor care not for their monycyons nor sensures of the holy Church but expressely dispise thē And moreouer by their subtil and ingenious wordes do drawe the people to here their Sermons and do maintaine them in their errours by stronge hand and by great routes It is ordeyned and assented in this present Parliament that the kinges commissions be made and directed to the Sheryffes and other ministers of our soueraigne Lord the kinge or other sufficient persons learned and accordinge to the certificatiōs of the prelates therof to be made in the Chauncery from time to time to arrest all suche preachers and also their fautours mainteners and abbettours and to holde them in arrest and strong prison ●ii they wil instify them accordyng to the lawe and reason of holy Church And the kynge wyll and commaundeth that the Chauncellor make such commissions at all times that he by the prelates or any of them shal be certyfyed and thereof required as is aforesayd ¶ The tenor of the second acte made in the second yeare of kynge Henry the .iii. is as foloweth Cha .xv. ITem where as it is shewed to our Soueraygne Lord the king on the behalfe of the prelates and Clergye of his realme of England in this presente Parlyamente that although the catholyke faith builded vpon Christ and by his Apostles and the holye church sufficientlye determined declared and approued hath bene hether to by good and holy and moste noble progenitours of our soueraigne Lord the kyng in the saide Realme emongeste all the realmes of the worlde most deuoutlye obsetued and the Churche of Englande by his said most noble progenitours and auncestours to the honoure of God and the whole Realme aforesaid laudably endowed and in her rightes and liberties susteined without that that the same faith or the sayd Church was hurte or greuouslye oppressed or ells perturbed by any peruerse doctryne or wicked heretical or crronious opinions yet neuer the lesse dyuers false and peruerse people of a certaine new secte of the sayth of the Sacramentes of the Churche and the aucthorytie of the same damnably thinking and agaynst the lawe of god and of the churche vsurpyng the offyce of preachyng do pecuersly and maliciouslye in dyurrse places within the sayd realme vnder the colour of dissimuled holines preach and teach these dayes openly and priuely diuers newe doctrines and wycked heretical and erronious opiniōs contrarye to the same fayth and blessed determinations of the holye Churche And of suche secte and wicked doctrine and opinions they make vnlawefull couenticles and coufederacies they holde and exercyse scholes they make and wryte bokes they do wickedly instructe infourme people and asmuch as they maye excite and stirre them to sedition and insurrection and maketh gret strife and diuision emong the people and other enormities horrible to be heard dayly doo perpetrate and commit in subuercion of the said catholyke faith and doctryne of the holy churche in diminucion of Gods honoure and also in destruction of the estate ryghtes and liberties of the saide churche of England by which secte and wicked and falfe preachynges doctrynes and opinions of the sayd false and peruerse people not onely most greatest peryl of the soules but also manye more other hurtes slaunders and peryls which God prohibite mighte come to thys Realme onlesse it be the more plētifully and spedely holpen by the kynges maiestie in this behalfe namely wher as the diocesans of the said realme cannot by their iurisdiction spiritual without aide of the sayde royall Maiestie sufficiently correcte the saide false and peruerse people nor refrayne their malice because the said false and peruerse people do go from Dyoces to Dyoces and wil not appeare before the sayd Diocesans but the same Diocelans and their iurisdiction spiritual and the kayes of the churche with the censures of the same doo vtterlye contempne and dispise and soo there wicked preachinges and doctrines doeth from daye to daye continue and eretcise to the hatrede of fyght and reason and vtter destruction ordre and good rule Vpon whych no welties and excesses aboue rehearsed The Prelates and Cleargye aforesayd and also the commons of the sayd realme being in the same parliamēt praying our soueraigne Lord the kyng that his roial highnes would vouchesafe in the sayd parliamente to pronide a conuenyente remedy the same our soueraygne Lorde the kyng gratioufly considetyng the premyffes and also the lawdable steppes of his said most noble progentiours and auncestours for the conseruation of the said catholyke fayth and sustentation of Goddes honour and also the safegard of the estate ryghtes and lyberties of the sayde Churche of Englande to the laude of God and merite of our saide soueraygne Lorde the kynge and prosperitie honour of al his sayd realme and for the eschewynge of such dissentions diuisions hurtes slaunders and peryles in time to come and that thys wycked secte preachynges doctrynes and opinions should from henceforth cease and be vtterly destrayed by thassent of the states other discrete men of the Realme beyng in the sayde parlyament hathgraunted stablyshed ordeined from henceforth fermely to be ovserned that none within the said realm or any other dominions subiectes to his royal maiestie presūe to preache openly or priuely without the licence of the Dyocesan of the same place fyrst required and obteined curates in their owne churches persones hetherto priuileged and other of the canon law graunted onelye excepte Nor that none from hence for the anye thynge preache holde teach or instruct openly or priuely or make or writts anye boke contrary to the catholyke fayth or determination of the holye churche nor of such fecte and wicked doctrines and opinions shall make anye conuenticles or in any wise holde or evercyse Scholes And also that none from henceforth in any wise fauoure suche preacher or maker of any such and lyke conuenticles or holdynge or exercysyng Scholes or makynge or wrytynge suche bokes or so teachynge informynge or exciting the people nor any of them maintaine or in anywise sustaine And that al and singuler hauyng suche bookes or anye wrytynges of such wycked doctrine and opinions shal really with effect delyuer or cause to be deliuered al such bokes and writtnges to the Dyocesan of the same place within .xi. dayes from the tyme of the proelamation of this or viuaunce and statute And yf any person or persons of what so euerkynd estate or condition that he or they be from henceforth do or attempt against the roial ordinaunce statute aforesaid in the premisses or in any of them or such bokes in the fourme aforesaid do not delyuer then the diocesan of the same place in his dioces such personne or persones in this behalfe defamed or euidently